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 PUBLIC LAW 100-187—DEC. 11, 1987

Public Law 100-187 100th Congress

101 STAT. 1287

An Act To amend the National Trails System Act to provide for a study of the De Soto Trail, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE.

This Act may be cited as the "De Soto National Trail Study Act of 1987".

Dec. 11, 1987 [S. 1297] De Soto National Trail Study Act of 1987. 16 USC 1241 note.

SEC. 2. FINDINGS.

The Congress finds that— (1) Hernando de Soto landed in the vicinity of Tampa Bay on May 30, 1539; (2) de Soto then led his expedition of approximately 600 through the States of Florida, Georgia, South Carolina, North Carolina, Tennessee, Alabama, Mississippi, and Arkansas; (3) de Soto died on the banks of the Mississippi River in 1542; (4) the survivors of de Soto's expedition went on to Texas, then back through Arkansas, and into Louisiana in search of a route to Mexico; (5) the de Soto expedition represented the first large group of Europeans to explore so deeply into the Southeastern region; (6) archeologists have recently uncovered, in Tallahassee, Florida, what may have been de Soto's first winter camp; (7) the State of Florida has completed identification and marking of close to three-fourths of de Soto's trail in that State; and (8) several other States are in the process of identifying and marking de Soto's trail within their borders. SEC. 3. DESIGNATION OF TRAIL.

Section 5(c) of the National Trails System Act (82 Stat. 919; 16 U.S.C. 1244(c)) is amended by adding the following new paragraph at the end thereof: "(31) De Soto Trail, the approximate route taken by the expedition of the Spanish explorer Hernado de Soto in 1539, extending through portions of the States of Florida, Georgia, South Carolina, North Carolina, Tennessee, Alabama, Mississippi, to the area of Little Rock, Arkansas, on to Texas and Louisiana, and any other States which may have been crossed

State listing.

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 101 STAT. 1288

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PUBLIC LAW 100-187—DEC. 11, 1987 by the expedition. The study under this paragraph shall be prepared in accordance with subsection (b) of this section, except that it shall be completed and submitted to the Congress with recommendations as to the trail's suitability for designa, tion not later than one calendar year after the date of enactment of this paragraph.". Approved December 11, 1987.

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LEGISLATIVE HISTORY—S. 1297: HOUSE REPORTS: No. 100-462 (Comm. on Interior and Insular Affairs). SENATE REPORTS: No. 100-177 (Comm. on Energy and Natural Resources). CONGRESSIONAL RECORD, Vol. 133 (1987): Oct. 1, considered and passed Senate. Dec. 1, considered and passed House.

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 PUBLIC LAW 100-188—DEC. 11, 1987

101 STAT. 1289

Public Law 100-188 100th Congress Joint Resolution To designate the week of December 13, 1987, through December 19, 1987, as "National Drunk and Drugged Driving Awareness Week".

Whereas traffic accidents cause more violent deaths in the United States than any other cause, approximately forty-six thousand in 1986; Whereas traffic accidents cause thousands of serious injuries in the United States each year; Whereas about 54 per centum of drivers killed in single vehicle collisions and 39 per centum of all drivers fatally injured in 1986 had blood alcohol concentrations of.10 or above; Whereas the United States Surgeon General has reported that life expectancy has risen for every age group over the past seventyfive years except for Americans fifteen to twenty-four years old, whose death rate, the leading cause of which is drunk driving, is higher now than it was twenty years ago; Whereas the total societal cost of drunk driving has been estimated at more than $26,000,000,000 per year, which does not include the human suffering that can never be measured; Whereas there are increasing reports of driving after drug use and accidents involving drivers who have used marijuana or other illegal drugs; Whereas driving after the use of therapeutic drugs, either alone or in combination with alcohol, contrary to the advice of physician, pharmacist, or manufacturer, may create a safety hazard on the roads; Whereas more research is needed on the effect of drugs either alone or in combination with alcohol, on driving ability and the incidence of traffic accidents; Whereas an increased public awareness of the gravity of the problem of drugged driving may warn drug users to refrain from driving and may stimulate interest in increasing necessary research on the effect of drugs on driving ability and the incidence of traffic accidents; Whereas the public, particularly through the work of citizens groups, is demanding a solution to the problem of drunk and drugged driving; Whereas the Presidential Commission on Drunk Driving, appointed to heighten public awareness and stimulate the pursuit of solutions, provided vital recommendations for remedies for the problem of drunk driving; Whereas the National Commission Against Drunk Driving was established to assist State and local governments and the private sector to implement these recommendations; Whereas most States have appointed task forces to examine existing drunk driving programs and make recommendations for a renewed, comprehensive approach, and in many cases their rec-

Dec. 11, 1987 [S.J. Res. 136]

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Page:The Yellow Book - 06.djvu/126

 honour bright!—in reply to her distrustful look, adding: "You'll write and tell me how he is!"

Jeanet waved her hand from the top of her bus, and Dick bared his head as to a duchess, and invented a lie on the spur of the moment in reply to the enthusiastic query of an artist friend who had seen the parting: "Who's the girl with the singular face?" Dick's lies were always entertaining, and he never made the mistake of lying about things that might be found out.

The cheque arrived, the Captain's spirits rose with his renewed health, and Jeanet came into his room one evening with an air of triumph. Her thin checks were flushed with eagerness, and she held something carefully wrapped up in tissue paper. The old man laid down his pipe and his well-thumbed Sterne with a sigh, and watched her with an amused twinkle in his faded old eyes. Jeanet undid it carefully, and displayed a gorgeous scarlet-bound book with gilt-edged leaves.

"See, Captain," handing it to him with a little air of solemnity, as if she were investing him with some strange order, "here it is!"

He, falling into her mood, took it solemnly, turned to the back—no title, just a square of gilt lines; opened it—clean unwritten pages.

Jeanet had been watching his face, and a delighted smile broke over hers at his look of wondering question.

"An album, Jeanette? I must do you a little sketch in it!"

"No, Captain, it is not for me; it is for you. It's for the book. I got it on purpose, my own self, from Sophy's young man—he's a bookbinder; and now you must really and truly begin. I m sorry it's not purple and gold, with those lovely clasps, you said; but afterwards, when it's written, you can have one like that." And, sliding up to his chair, and flicking a speck of dust off his shabby coat,

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Page:United States Statutes at Large Volume 101 Part 2.djvu/304

 101 STAT. 1290

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PUBLIC LAW 100-188—DEC. 11, 1987

ommendations are leading to enactment of new laws, along with stricter enforcement; Whereas the best defense against the drunk or drugged driver is the use of safety belts and consistent safety belt usage by all drivers and passengers would save as many as ten thousand lives each year; Whereas an increase in the public awarness of the problem of drunk and drugged driving may contribute to a change in society's attitude toward the drunk or drugged driver and help to sustain current efforts to develop comprehensive solutions at the State and local levels; Whereas the Christmas arid New Year holiday period, with more drivers on the roads and an increased number of social functions, is a particularly appropriate time to focus national attention on this critical problem; Whereas designation of National Drunk and Drugged Driving Awarness Week in each of the last five years stimulated many activities and programs by groups in both the private and public sectors aimed at curbing drunk and drugged driving in the highrisk Christmas and New Year holiday period and thereafter; Whereas the activities and programs during National Drunk and Drugged Driving Awareness Week have heightened the awareness of the American public to the danger of drunk and drugged driving: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the week of December 13, 1987, through December 19, 1987, is designated as "National Drunk and Drugged Driving Awareness Week" and the President is authorized and requested to issue a proclamation calling upon the people of the United States to observe that week with appropriate activities. Approved December 11, 1987.

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LEGISLATIVE HISTORY—S.J. Res. 136: CONGRESSIONAL RECORD, Vol. 133 (1987): Oct. 30, considered and passed Senate. Dec. 2, considered and passed House.

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Page:United States Statutes at Large Volume 101 Part 2.djvu/305

 PUBLIC LAW 100-189—DEC. 11, 1987

101 STAT. 1291

Public Law 100-189 100th Congress Joint Resolution Designating January 8, 1988, as "National Skiing Day".

Whereas commercial alpine and nordic skiing operations are among the fastest growing commercial uses of the national forests; Whereas skiing increases the recreational value of the national forests by providing a winter recreational use for such forests; Whereas skiing is a healthful activity that promotes physical wellbeing, contributes to the enrichment of the human spirit, and fosters an appreciation of the outdoor environment; Whereas skiing provides enjoyment to millions of people each winter; Whereas skiing improves employment opportunities in, and contributes to the economic stability of, a number of States; Whereas the people of many rural communities in the United States rely primarily on skiing for winter employment and income; and Whereas people throughout the world can become aware of the environmental grandeur and recreational resources of the United States by skiing in the United States: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That January 8, 1988, is designated as "National Skiing Day", and the President is authorized and requested to issue a proclamation calling on the people of the United States to observe such day with appropriate ceremonies and activities. Approved December 11, 1987.

LEGISLATIVE HISTORY S.J. Res. 146: CONGRESSIONAL RECORD, Vol. 133 (1987): Oct. 30, considered and passed Senate. Dec. 2, considered and passed House.

Dec. 11, 1987 [S.J. Res. 146]

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 101 STAT. 1292

PUBLIC LAW 100-190—DEC. 14, 1987

Public Law 100-190 100th Congress

-- -' •-Joint Resolution

Dec. 14, 1987 [S.J. Res. 35]

Relating to the commemoration of January 28, 1988, as a "National Day of ^^, •I, Excellence".

Whereas, on January 28, 1986, the seven crew members of the space shuttle Challenger, Commander Francis R. Scobee, Pilot Michael J. Smith, Mission Specialist Ellison S. Onizuka, Mission Specialist Ronald E. McNair, Mission Specialist Judith Resnick, Payload Specialist Gregory B. Jarvis, Teacher-Observer S. Christa McAuliffe, were killed in a tragic explosion shortly after liftoff; Whereas each of the crew meiiibers of the Challenger was a true American hero who represented the best and the brightest that our Nation has to offer; Whereas the crew of the Challenger gave their lives while striving for an excellence of technology, of goal, and of personal achievement which fills all Americans with a sense of pride in their fellow human beings and countrymen; Whereas the most appropriate tribute we could pay the crew of the Challenger is a national day when Americans would rededicate themselves in all their endeavors to the pursuit of excellence which makes our country great; Whereas the American spirit is most responsive to a living tribute in which all citizens can participate and be enriched by such participation; and Whereas this is a day for which our national character cries out: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That January 28, 1988, is designated as a "National Day of Excellence". The President is authorized and requested to issue a proclamation calling on the people of the United States to observe such a day— (1) by resolving that in the course of their regular activities they will pursue the spirit of excellence represented by the crew of the space shuttle Challenger; and (2) with appropriate ceremonies and activities. Approved December 14, 1987.

LEGISLATIVE HISTORY—S.J. Res. 35: CONGRESSIONAL RECORD, Vol. 133 (1987): Oct. 30, considered and passed Senate. Dec. 2, considered and passed House.

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Page:United States Statutes at Large Volume 101 Part 2.djvu/307

 PUBLIC LAW 100-191—DEC. 15, 1987

101 STAT. 1293

Public Law 100-191 100th Congress An Act To amend title 28, United States Code, with respect to the appointment of independent counsel.

Dec. 15, 1987 [H.R. 2939]

Be it enacted by the Senate and House of Representatives of the Independent United States of America in Congress assembled, SECTION 1. SHORT TITLE.

This Act may be cited as the "Independent Counsel Reauthorization Act of 1987". SEC. 2. AMENDMENTS RELATING TO INDEPENDENT COUNSEL.

Chapter 40 of title 28, United States Code, is amended to read as follows:

Counsel Reauthorization Act of 1987. Government organization and employees. Law enforcement and crime. 28 USC 1 note.

"CHAPTER 40—INDEPENDENT COUNSEL "Sec. "591. Applicability of provisions of this chapter. "592. Preliminary investigation and application for appointment of an independent counsel. "593. Duties of the division of the court. "594. Authority and duties of an independent counsel. "595. Congressional oversight. "596. Removal of an independent counsel; termination of office. "597. Relationship with Department of Justice. "598. Severability. "599. Termination of effect of chapter.

"§ 591. Applicability of provisions of this chapter

28 USC 591.

"(a) PRELIMINARY INVESTIGATION WITH RESPECT TO CERTAIN COV-

ERED PERSONS.—The Attorney General shall conduct a preliminary investigation in accordance with section 592 whenever the Attorney General receives information sufficient to constitute grounds to investigate whether any person described in subsection (b) may have violated any Federal criminal law other than a violation classified as a Class B or C misdemeanor or an infraction. "(b)

PERSONS TO WHOM SUBSECTION (a) APPLIES.—The persons

referred to in subsection (a) are— "(1) the President and Vice President; "(2) any individual serving in a position listed in section 5312 of title 5; "(3) any individual working in the Executive Office of the President who is compensated at a rate of pay at or above level II of the Executive Schedule under section 5313 of title 5; "(4) any Assistant Attorney General and any individual working in the Department of Justice who is compensated at a rate of pay at or above level III of the Executive Schedule under section 5314 of title 5; "(5) the Director of Central Intelligence, the Deputy Director of Central Intelligence, and the Commissioner of Internal Revenue;

President of U.S. Vice President of U.S.

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 101 STAT. 1294

PUBLIC LAW 100-191—DEC. 15, 1987 "(6) any individual who leaves any office or position described in any of paragraphs (1) through (5) of this subsection, during the incumbency of the President under whom such individual served in the office or position plus one year after such incumbency, but in no event longer than a period of three years after the individual leaves the office or position; "(7) any individual who held an office or position described in any of paragraphs (1) through (5) of this subsection during the incumbency of one President and who continued to hold the office or position for not more than 90 days into the term of the next President, during the 1-year period after the individual leaves the office or position; and "(8) the chairman and treasurer of the principal national campaign committee seeking the election or reelection of the President, and any officer of that committee exercising authority at the national level, during the incumbency of the President.

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"(c) PRELIMINARY INVESTIGATION WITH RESPECT TO PERSONS NOT

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LISTED IN SUBSECTION (b).—The Attorney General may conduct a preliminary investigation in accordance with section 592 if— "(1) the Attorney General receives information sufficient to constitute grounds to investigate whether any person other than a person described in subsection O> may have violated any t) Federal criminal law other than a violation classified as a Class B or C misdemeanor or an infraction; and "(2) the Attorney General determines that an investigation or prosecution of the person, with respect to the information received, by the Attorney General or other officer of the Department of Justice may result in a personal, financial, or political conflict of interest. "(d) EXAMINATION OF INFORMATION TO DETERMINE NEED FOR PRELIMINARY INVESTIGATION.— "(1) FACTORS TO BE CONSIDERED.—In determining under

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subsection (a) or (c) (or section 592(c)(2)) whether grounds to investigate exist, the Attorney General shall consider only— "(A) the specificity of the information received; and "(B) the credibility of the source of the information. "(2) TIME PERIOD FOR MAKING DETERMINATION.—The Attorney

General shall determine whether grounds to investigate exist not later than 15 days after the information is first received. If within that 15-day period the Attorney General determines that the information is not specific or is not from a credible source, then the Attorney General shall close the matter. If within that 15-day period the Attorney General determines that the information is specific and from a credible source, the Attorney General shall, upon making that determination, commence a preliminary investigation with respect to that information. If the Attorney General is unable to determine, within that 15-day period, whether the information is specific and from a credible source, the Attorney General shall, at the end of that 15-day period, commence a preliminary investigation with respect to that information. "(e) RECUSAL OF ATTORNEY GENERAL.— "(1) WHEN RECUSAL IS REQUIRED.—If

information received under this chapter involves the Attorney General or a person with whom the Attorney General has a current or recent personal or financial relationship, the Attorney General shall

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 PUBLIC LAW 100-191—DEC. 15, 1987

101 STAT. 1295

recuse himself or herself by designating the next most senior officer in the Department of Justice whom that information does not involve and who does not have a current or recent personal or financial relationship with such person to perform the duties assigned under this chapter to the Attorney General with respect to that information. "(2) REQUIREMENTS FOR RECUSAL DETERMINATION.—The Attorney General shall, before personally making any other determination under this chapter with respect to information received under this chapter, determine under paragraph (1) whether to recuse himself or herself with respect to that information. A determination to recuse shall be in writing, shall identify the facts considered by the Attorney General, and shall set forth the reasons for the recusal. The Attorney General shall file this determination with any notification or application submitted to the division of the court under this chapter with respect to the information involved. '*§ 592. Preliminary investigation and application for appointment of an independent counsel "(a) CONDUCT OF PREUMINARY INVESTIGATION.—

"(1) IN GENERAL.—A preliminary investigation conducted under this chapter shall be of such matters as the Attorney General considers appropriate in order to make a determination, under subsection (b) or (c), on whether further investigation is warranted, with respect to each potential violation, or allegation of a violation, of criminal law. The Attorney General shall make such determination not later than 90 days after the preliminary investigation is commenced, except that, in the case of a preliminary investigation commenced after a congressional request under subsection (g), the Attorney General shall make such determination not later than 90 days after the request is received. The Attorney General shall promptly notify the division of the court specified in section 593(a) of the commencement of such preliminary investigation and the date of such commencement. "(2)

LIMITED AUTHORITY OF ATTORNEY GENERAL.—(A)

In

conducting preliminary investigations under this chapter, the Attorney General shall have no authority to convene grand juries, plea bargain, grant immunity, or issue subpoenas. "(B)(i) The Attorney General shall not base a determination under this chapter that information with respect to a violation of criminal law by a person is not specific and from a credible source upon a determination that such person lacked the state of mind required for the violation of criminal law. "(ii) The Attorney General shall not base a determination under this chapter that there are no reasonable grounds to believe that further investigation is warranted, upon a determination that such person lacked the state of mind required for the violation of criminal law involved, unless there is clear and convincing evidence that the person lacked such state of mind. "(3) EXTENSION OF TIME FOR PREUMINARY INVESTIGATION.—

The Attorney General may apply to the division of the court for a single extension, for a period of not more than 60 days, of the 90-day period referred to in paragraph (1). The division of the court may, upon a showing of good cause, grant such extension.

28 USC 592.

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 101 STAT. 1296

PUBLIC LAW 100-191—DEC. 15, 1987

"(b) DETERMINATION THAT FURTHER INVESTIGATION NOT WARRANTED.— "(1) NOTIFICATION OF DIVISION OF THE COURT.—If the Attorney

General, upon completion of a preliminary investigation under this chapter, determines that there are no reasonable grounds to believe that further investigation is warranted, the Attorney General shall promptly so notify the division of the court, and the division of the court shall have no power to appoint an independent counsel with respect to the matters involved. "(2) FORM OF NOTIFICATION.—Such notification shall contain a

summary of the information received and a summary of the results of the preliminary investigation. "(c) DETERMINATION THAT FURTHER INVESTIGATION IS WARRANTED.— "(1) APPLICATION FOR APPOINTMENT OF INDEPENDENT COUN-

SEL.—The Attorney General shall apply to the division of the court for the appointment of an independent counsel if— "(A) the Attorney General, upon completion of a prelimi.%&:.:.iy] -i. Mim- nary investigation under this chapter, determines that there are reasonable grounds to believe that further investigation is warranted; or "(B) the 90-day period referred to in subsection (a)(1), and any extension granted under subsection (a)(3), have elapsed and the Attorney General has not filed a notification with the division of the court under subsection (b)(D. In determining under this chapter whether reasonable grounds exist to warrant further investigation, the Attorney General shall comply with the written or other established policies of the Department of Justice with respect to the conduct of criminal investigations. "(2) RECEIPT OF ADDITIONAL INFORMATION.—If, after submitting a notification under subsection (b)(D, the Attorney General receives additional information sufficient to constitute grounds to investigate the matters to which such notification related, the Attorney General shall— • fir "(A) conduct such additional preliminary investigation as the Attorney General considers appropriate for a period of al not more than 90 days after the date on which such addi•BM tional information is received; and fiffifi "(B) otherwise comply with the provisions of this section with respect to such additional preliminary investigation to the same extent as any other preliminary investigation under this section. "(d) CIONTENTS OF APPLICATION.—Any application for the appointment of an independent counsel under this chapter shall contain sufficient information to assist the division of the court in selecting an independent counsel and in defining that independent counsel's prosecutorial jurisdiction so that the independent counsel has adequate authority to fully investigate and prosecute the subject matter and all matters related to that subject matter. "(e) DISCLOSURE OF INFORMATION.—Except as otherwise provided

in this chapter, no officer or employee of the Department of Justice or an office of independent counsel may, without leave of the division of the court, disclose to any individual outside the Department of Justice or such office any notification, application, or any other document, materials, or memorandum supplied to the division of the court under this chapter. Nothing in this chapter shall be

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 PUBLIC LAW 100-191—DEC. 15, 1987

101 STAT. 1297

construed as authorizing the withholding of information from the Congress. "(f) LIMITATION ON JUDICIAL REVIEW.—The Attorney General's

determination under this chapter to apply to the division of the court for the appointment of an independent counsel shall not be reviewable in any court. "(g) CONGRESSIONAL REQUEST.— "(1) BY JUDICIARY COMMITTEE OR MEMBERS THEREOF.—The

Committee on the Judiciary of either House of the Congress, or a majority of majority party members or a majority of all nonmajority party members of either such committee, may request in writing that the Attorney General apply for the appointment of an independent counsel. "(2) REPORT BY ATTORNEY GENERAL PURSUANT TO REQUEST.—

Not later than 30 days after the receipt of a request under paragraph (1), the Attorney General shall submit, to the committee making the request, or to the committee on which the persons making the request serve, a report on whether the Attorney General has begun or will begin a preliminary investigation under this chapter of the matters with respect to which the request is made, in accordance with subsection (a) or (c) of section 591, as the case may be. The report shall set forth the reasons for the Attorney General's decision regarding such preliminary investigation as it relates to each of the matters with respect to which the congressional request is made. If there is such a preliminary investigation, the report shall include the date on which the preliminary investigation began or will begin. "(3) SUBMISSION OF INFORMATION IN RESPONSE TO CONGRESSIONAL REQUEST.—At the same time as any notification, applica-

tion, or any other document, material, or memorandum is supplied to the division of the court pursuant to this section with respect to a preliminary investigation of any matter with respect to which a request is made under paragraph (1), such notification, application, or other document, material, or memorandum shall be supplied to the committee making the request, or to the committee on which the persons making the request serve. If no application for the appointment of an independent Reports. counsel is made to the division of the court under this section pursuant to such a preliminary investigation, the Attorney General shall submit a report to that committee stating the reasons why such application was not made, addressing each matter with respect to which the congressional request was made. "(4) DISCLOSURE OF INFORMATION.—Any report, notification,

application, or other document, material, or memorandum supplied to a committee under this subsection shall not be revealed to any third party, except that the committee may, either on its own initiative or upon the request of the Attorney General, make public such portion or portions of such report, notification, application, document, material, or memorandum as will not in the committee's judgment prejudice the rights of any individual. "§ 593. Duties of the division of the court 28 USC 593. "(a) REFERENCE TO DIVISION OF THE COURT.—The division of the court to which this chapter refers is the division established under section 49 of this title.

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 101 STAT. 1298

PUBLIC LAW 100-191—DEC. 15, 1987 "(b) APPOINTMENT AND JURISDICTION OF INDEPENDENT COUNSEL.—

"(1) AUTHORITY.—Upon receipt of an application under section 592(c), the division of the court shall appoint an appropriate independent counsel and shall define that independent counsel's prosecutorial jurisdiction. "(2) QUALIFICATIONS OF INDEPENDENT COUNSEL.—The division

of the court shall appoint as independent counsel an individual who has appropriate experience and who will conduct the investigation and any prosecution in a prompt, responsible, and costeffective manner. The division of the court shall seek to appoint as independent counsel an individual who will serve to the extent necessary to complete the investigation and any prosecution without undue delay. The division of the court may not appoint as an independent counsel any person who holds any office of profit or trust under the United States. "(3) SCOPE OF PROSECUTORIAL JURISDICTION.—In defining the

independent counsel's prosecutorial jurisdiction, the division of the court shall assure that the independent counsel has adequate authority to fully investigate and prosecute the subject matter with respect to which the Attorney General has requested the appointment of the independent counsel, and all matters related to that subject matter. Such jurisdiction shall also include the authority to investigate and prosecute Federal crimes, other than those classified as Class B or C misdemeanors or infractions, that may arise out of the investigation or prosecution of the matter with respect to which the Attorney General's request was made, including perjury, obstruction of justice, destruction of evidence, and intimidation of witnesses. "(4) DISCLOSURE OF IDENTITY AND PROSECUTORIAL JURISDIC-

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TION.—An independent counsel's identity and prosecutorial jurisdiction (including any expansion under subsection (c)) may not be made public except upon the request of the Attorney General or upon a determination of the division of the court that disclosure of the identity and prosecutorial jurisdiction of such independent counsel would be in the best interests of justice. In any event, the identity and prosecutorial jurisdiction of such independent counsel shall be made public when any indictment is returned, or any criminal information is filed, pursuant to the independent counsel's investigation. "(c) EXPANSION OF JURISDICTION.—

"(1) IN GENERAL.—The division of the court, upon the request of the Attorney General, may expand the prosecutorial jurisdiction of an independent counsel, and such expansion may be in lieu of the appointment of another independent counsel. "(2) PROCEDURE FOR REQUEST BY INDEPENDENT COUNSEL.—(A) If

, '

the independent counsel discovers or receives information about possible violations of criminal law by persons as provided in section 591, which are not covered by the prosecutorial jurisdiction of the independent counsel, the independent counsel may submit such information to the Attorney General. The Attorney General shall then conduct a preliminary investigation of the information in accordance with the provisions of section 592, except that such preliminary investigation shall not exceed 3 days from the date such information is received. In making the determinations required by section 592, the Attorney General shall give great weight to any recommendations of the independent counsel.

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 PUBLIC LAW 100-191—DEC. 15, 1987

101 STAT. 1299

"(B) If the Attorney General determines, after according great weight to the recommendations of the independent counsel, that there are no reasonable grounds to believe that further investigation is warranted, the Attorney General shall promptly so notify the division of the court and the division of the court shall have no power to expand the jurisdiction of the independent counsel or to appoint another independent counsel with respect to the matters involved. "(C) If— "(i) the Attorney General determines that there are reasonable grounds to believe that further investigation is warranted; or "(ii) the 30-day period referred to in subparagraph (A) elapses without a notification to the division of the court that no further investigation is warranted, the division of the court shall expand the jurisdiction of the appropriate independent counsel to include the matters involved or shall appoint another independent counsel to investigate such matters. "(d) RETURN FOR FURTHER EXPLANATION.—Upon receipt of a

notification under section 592 or subsection (c)(2)(B) of this section from the Attorney General that there are no reasonable grounds to believe that further investigation is warranted with respect to information received under this chapter, the division of the court shall have no authority to overrule this determination but may return the matter to the Attorney General for further explanation of the reasons for such determination. "(e) VACANCIES.—If a vacancy in office arises by reason of the resignation, death, or removal of an independent counsel, the division of the court shall appoint an independent counsel to complete the work of the independent counsel whose resignation, death, or removal caused the vacancy, except that in the case of a vacancy arising by reason of the removal of an independent counsel, the division of the court may appoint an acting independent counsel to serve until any judicial review of such removal is completed. "(f) ATTORNEYS' FEES.— "(1) AWARD OF FEES.—Upon the request of an individual who

is the subject of an investigation conducted by an independent counsel pursuant to this chapter, the division of the court may, if no indictment is brought against such individual pursuant to that investigation, award reimbursement for those reasonable attorneys' fees incurred by that individual during that investigation which would not have been incurred but for the requirements of this chapter. The division of the court shall notify the Attorney General of any request for attorneys' fees under this subsection. "(2) EVALUATION OF FEES.—The division of the court may direct the Attorney General to file a written evaluation of any request for attorneys' fees under this subsection, analyzing for each expense— "(A) the sufficiency of the documentation; "(B) the need or justification for the underlying item; and "(C) the reasonableness of the amount of money requested. "(g) DISCLOSURE OF INFORMATION.—The division of the court may, subject to section 594(h)(2), allow the disclosure of any notification,

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 101 STAT. 1300

PUBLIC LAW 100-191—DEC. 15, 1987

application, or any other document, material, or memorandum supplied to the division of the court under this chapter. "(h) AMICUS CURIAE BRIEFS.—When presented with significant legal issues, the division of the court may disclose sufficient information about the issues to permit the filing of timely amicus curiae briefs. 28 USC 594.

Defense and national security.

Wages.

"§ 594. Authority and duties of an independent counsel "(a) AUTHORITIES.—Notwithstanding any other provision of law, an independent counsel appointed under this chapter shall have, with respect to all matters in such independent counsel's prosecutorial jurisdiction established under this chapter, full power and independent authority to exercise all investigative and prosecutorial functions and powers of the Department of Justice, the Attorney General, and any other officer or employee of the Department of Justice, except that the Attorney General shall exercise direction or control as to those matters that specifically require the Attorney General's personal action under section 2516 of title 18. Such investigative and prosecutorial functions and powers shall include— "(1) conducting proceedings before grand juries and other investigations; "(2) participating in court proceedings and engaging in any litigation, including civil and criminal matters, that such independent counsel considers necessary; "(3) appealing any decision of a court in any case or proceedr' ing in which such independent counsel participates in an official capacity; "(4) reviewing all documentary evidence available from any source; ». "(5) determining whether to contest the assertion of any testimonial privilege; "(6) receiving appropriate national security clearances and, if > necessary, contesting in court (including, where appropriate, ( < participating in in camera proceedings) any claim of privilege or x attempt to withhold evidence on grounds of national security; "(7) making applications to any Federal court for a grant of > ?! requirements, or for warrants, subpoenas, or other court orders, and, for purposes of sections 6003, 6004, and 6005 of title 18, exercising the authority vested in a United States attorney or the Attorney General; "(8) inspecting, obtaining, or using the original or a copy of any tax return, in accordance with the applicable statutes and f, regulations, and, for purposes of section 6103 of the Internal Revenue Code of 1986 and the regulations issued thereunder, exercising the powers vested in a United States attorney or the Attorney General; "(9) initiating and conducting prosecutions in any court of competent jurisdiction, framing and signing indictments, filing informations, and handling all aspects of any case, in the name of the United States; and "(10) consulting with the United States attorney for the district in which any violation of law with respect to which the independent counsel is appointed was alleged to have occurred. "(b) COMPENSATION.—An independent counsel appointed under this chapter shall receive compensation at the per diem rate equal
 * immunity to any witness, consistent with applicable statutory

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 PUBLIC LAW 100-191—DEC. 15, 1987

101 STAT. 1301

to the annual rate of basic pay payable for level IV of the Executive Schedule under section 5315 of title 5. "(c) ADDITIONAL PERSONNEL.—For the purposes of carrying out the

duties of an office of independent counsel, such independent counsel may appoint, fix the compensation, and assign the duties of such employees as such independent counsel considers necessary (including investigators, attorneys, and part-time consultants). The positions of all such employees are exempted from the competitive service. No such employee may be compensated at a rate exceeding Wages. the maximum rate of pay payable for GS-18 of the General Schedule under section 5332 of title 5. "(d) ASSISTANCE OF DEPARTMENT OF JUSTICE.— "(1) IN CARRYING OUT FUNCTIONS.—An independent

counsel may request assistance from the Department of Justice in carrying out the functions of the independent counsel, and the Department of Justice shall provide that assistance, which may include access to any records, files, or other materials relevant to matters within such independent counsel's prosecutorial jurisdiction, and the use of the resources and personnel necessary to perform such independent counsel's duties. "(2) PAYMENT OF AND REPORTS ON EXPENDITURES OF INDEPEND-

ENT COUNSEL.—The Department of Justice shall pay all costs relating to the establishment and operation of any office of independent counsel. The Attorney General shall submit to the Congress, not later than 30 days after the end of each fiscal year, a report on amounts paid during that fiscal year for expenses of investigations and prosecutions by independent counsel. Each such report shall include a statement of all payments made for activities of independent counsel but may not reveal the identity or prosecutorial jurisdiction of any independent counsel which has not been disclosed under section 593(b)(4). "(e) REFERRAL OF OTHER MATTERS TO AN INDEPENDENT COUNSEL.—

An independent counsel may ask the Attorney General or the division of the court to refer to the independent counsel matters related to the independent counsel's prosecutorial jurisdiction, and the Attorney General or the division of the court, as the case may be, may refer such matters. If the Attorney General refers a matter to an independent counsel on the Attorney General's own initiative, the independent counsel may accept such referral if the matter relates to the independent counsel's prosecutorial jurisdiction. If the Attorney General refers any matter to the independent counsel pursuant to the independent counsel's request, or if the independent counsel accepts a referral made by the Attorney General on the Attorney General's own initiative, the independent counsel shall so notify the division of the court. "(f) COMPLIANCE WITH POLICIES OF THE DEPARTMENT OF JUSTICE.—

An independent counsel shall, except where not possible, comply with the written or other established policies of the Department of Justice respecting enforcement of the criminal laws. "(g) DISMISSAL OF MATTERS.—The independent counsel shall have full authority to dismiss matters within the independent counsel's prosecutorial jurisdiction without conducting an investigation or at any subsequent time before prosecution, if to do so would be consistent with the written or other established policies of the Department of Justice with respect to the enforcement of criminal laws. "(h) REPORTS BY INDEPENDENT COUNSEL.—

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 101 STAT. 1302

PUBLIC LAW 100-191—DEC. 15, 1987

>/:: "(1) REQUIRED REPORTS.—An independent counsel shall— "(A) file with the division of the court, with respect to the 6-month period beginning on the date of his or her appointment, and with respect to each 6-month period thereafter until the office of that independent counsel terminates, a report which identifies and explains major expenses, and summarizes all other expenses, incurred by that office during the 6-month period with respect to which the report '••>''. is filed, and estimates future expenses of that office; and "(B) before the termination of the independent counsel's office under section 596(b), file a final report with the division of the court, setting forth fully and completely a description of the work of the independent counsel, including the disposition of all cases brought, and the reasons for not prosecuting any matter within the prosecutorial jurisdiction of such independent counsel. "(2) DISCLOSURE OF INFORMATION IN REPORTS.—The division of

the court may release to the Congress, the public, or any appropriate person, such portions of a report made under this subsection as the division of the court considers appropriate. The division of the court shall make such orders as are appropriate to protect the rights of any individual named in such report and to prevent undue interference with any pending prosecution. The division of the court may make any portion of a final report filed under paragraph (1)(B) available to any individual named in such report for the purposes of receiving within a time limit set by the division of the court any comments or factual information that such individual may submit. Such comments and factual information, in whole or in part, may, in the discretion of the division of the court, be included as an appendix to such final report. "(i)

INDEPENDENCE

FROM

DEPARTMENT

OF

JUSTICE.—Each

independent counsel appointed under this chapter, and the persons appbinted by that independent counsel under subsection (c), are separate from and independent of the Department of Justice for purposes of sections 202 through 209 of title 18. "(j) STANDARDS OF CONDUCT APPLICABLE TO INDEPENDENT COUNSEL, PERSONS SERVING IN THE OFFICE OF AN INDEPENDENT COUNSEL, AND THEIR LAW FIRMS.— "(1) RESTRICTIONS ON EMPLOYMENT WHILE INDEPENDENT COUN-

SEL AND APPOINTEES ARE SERVING.—(A) During the period in which an independent counsel is serving under this chapter— "(i) such independent counsel, and "(ii) any person associated with a firm with which such independent counsel is associated, may not represent in any matter any person involved in any investigation or prosecution under this chapter. "(B) During the period in which any person appointed by an independent counsel under subsection (c) is serving in the office of independent counsel, such person may not represent in any matter any person involved in any investigation or prosecution under this chapter. "(2) POST EMPLOYMENT RESTRICTIONS ON INDEPENDENT COUNSEL

AND APPOINTEES.—(A) Each independent counsel and each person appointed by that independent counsel under subsection (c) may not, for 3 years following the termination of the service under this chapter of that independent counsel or appointed

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 PUBLIC LAW 100-191—DEC. 15, 1987

101 STAT. 1303

person, as the case may be, represent any person in any matter if that individual was the subject of an investigation or prosecution under this chapter that was conducted by that independent counsel. "(B) Each independent counsel and each person appointed by that independent counsel under subsection (c) may not, for 1 year following the termination of the service under this chapter of that independent counsel or appointed person, as the case may be, represent any person in any matter involving any investigation or prosecution under this chapter. "(3) ONE-YEAR BAN ON REPRESENTATION BY MEMBERS OF FIRMS OF INDEPENDENT COUNSEL.—Any person who is associated with a

firm with which an independent counsel is associated or becomes associated after termination of the service of that independent counsel under this chapter may not, for 1 year following such termination, represent any person in any matter involving any investigation or prosecution under this chapter, "(4) DEFINITIONS.—For purposes of this subsection— ,,, "(A) the term 'firm' means a law firm whether organized as a partnership or corporation; and "(B) a person is 'associated' with a firm if that person is an officer, director, partner, or other member or employee of that firm.

<

"(k) CUSTODY OF RECORDS OF AN INDEPENDENT COUNSEL.— "(1) TRANSFER OF RECORDS.—Upon termination of the office of

an independent counsel, that independent counsel shall transfer to the Archivist of the United States all records which have been created or received by that office. Before this transfer, the Defense and independent counsel shall clearly identify which of these national records are subject to rule 6(e) of the Federal Rules of Criminal security. Procedure as grand jury materials and which of these records have been classified as national security information. Any records which were compiled by an independent counsel and, upon termination of the independent counsel's office, were stored with the division of the court or elsewhere before the enactment of the Independent Counsel Reauthorization Act of 1987, shall also be transferred to the Archivist of the United States by the division of the court or the person in possession of such records. "(2) MAINTENANCE, USE, AND DISPOSAL OF RECORDS.—Records

transferred to the Archivist under this chapter shall be maintained, used, and disposed of in accordance with chapters 21, 29, and 33 of title 44. "(3) ACCESS TO RECORDS.—

"(A) IN GENERAL.—Subject to paragraph (4), access to the records transferred to the Archivist under this chapter shall be governed by section 552 of title 5. "(B) ACCESS BY DEPARTMENT OF JUSTICE.—The Archivist

S'S

shall, upon written application by the Attorney General, disclose any such records to the Department of Justice for purposes of an ongoing law enforcement investigation or court proceeding, except that, in the case of grand jury materials, such records shall be so disclosed only by order of the court of jurisdiction under rule 6(e) of the Federal Rules of Criminal Procedure. "(C) EXCEPTION.—Notwithstanding any restriction on access imposed by law, the Archivist and persons employed

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 101 STAT. 1304

PUBLIC LAW 100-191—DEC. 15, 1987

by the National Archives and Records Administration who are engaged in the performance of normal archival work IV'^r} shall be permitted access to the records transferred to the Archivist under this chapter. "(4) RECORDS PROVIDED BY CONGRESS.—Records of an investigation conducted by a committee of the House of Representatives or the Senate which are provided to an independent counsel to assist in an investigation or prosecution conducted by that independent counsel— "(A) shall be maintained as a separate body of records aivir. within the records of the independent counsel; and « -' '<(B) shall, after the records have been transferred to the Archivist under this chapter, be made available, except as 3i if provided in paragraph (3)(B) and (C), in accordance with IB6V IY^Q rules governing release of the records of the House of Congress that provided the records to the independent counsel. Subparagraph (B) shall not apply to those records which have been surrendered pursuant to grand jury or court proceedings. 28 USC 595.

"§ 595. Congressional oversight "(a) OVERSIGHT OF CONDUCT OF INDEPENDENT COUNSEL.— "(1) CONGRESSIONAL OVERSIGHT.—The appropriate committees

,.;....,

of the Congress shall have oversight jurisdiction with respect to the official conduct of any independent counsel appointed under this chapter, and such independent counsel shall have the duty to cooperate with the exercise of such oversight jurisdiction. "(2) REPORTS TO CONGRESS.—An independent counsel appointed under this chapter shall submit to the Congress such statements or reports on the activities of such independent counsel as the independent counsel considers appropriate. "(b) OVERSIGHT OF CONDUCT OF ATTORNEY GENERAL.—Within 15

28 USC 596.

days after receiving an inquiry about a particular case under this chapter, which is a matter of public knowledge, from a committee of the Congress with jurisdiction over this chapter, the Attorney General shall provide the following information to that committee with respect to that case: "(1) When the information about the case was received. "(2) Whether a preliminary investigation is being conducted, and if so, the date it began. "(3) Whether an application for the appointment of an independent counsel or a notification that further investigation is not warranted has been filed with the division of the court, and if so, the date of such filing. "(c) INFORMATION RELATING TO IMPEACHMENT.—An independent counsel shall advise the House of Representatives of any substantial and credible information which such independent counsel receives, in carrying out the independent counsel's responsibilities under this chapter, that may constitute grounds for an impeachment. Nothing in this chapter or section 49 of this title shall prevent the Congress or either House thereof from obtaining information in the course of an impeachment proceeding. "§ 596. Removal of an independent counsel; termination of office "(a) REMOVAL; REPORT ON REMOVAL.— "(1) GROUNDS FOR REMOVAL.—An

independent counsel ap• ^< pointed under this chapter may be removed from office, other

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 PUBLIC LAW 100-191—DEC. 15, 1987

101 STAT. 1305

than by impeachment and conviction, only by the personal action of the Attorney General and only for good cause, physical disability, mental incapacity, or any other condition that substantially impairs the performance of such independent counsel's duties. "(2) REPORT TO DIVISION OF THE COURT AND CONGRESS.—If an

independent counsel is removed from office, the Attorney General shall promptly submit to the division of the court and the Committees on the Judiciary of the Senate and the House of Representatives a report specifying the facts found and the ultimate grounds for such removal. The committees shall make available to the public such report, except that each committee may, if necessary to protect the rights of any individual named in the report or to prevent undue interference with any pending prosecution, postpone or refrain from publishing any or all of the report. The division of the court may release any or all of such report in accordance with section 594(h)(2). "(3) JUDICIAL REVIEW OF REMOVAL.—An independent counsel removed from office may obtain judicial review of the removal in a civil action commenced in the United States District Court for the District of Columbia. A member of the division of the court may not hear or determine any such civil action or any appeal of a decision in any such civil action. The independent counsel may be reinstated or granted other appropriate relief by order of the court.

Public information.

District of Columbia.

"(b) TERMINATION OF OFFICE.— "(1) TERMINATION BY ACTION OF INDEPENDENT COUNSEL.—An

office of independent counsel shall terminate when— "(A) the independent counsel notifies the Attorney General that the investigation of all matters within the prosecutorial jurisdiction of such independent counsel or " •*^' accepted by such independent counsel under section 594(e), and any resulting prosecutions, have been completed or so I '3 substantially completed that it would be appropriate for the Department of Justice to complete such investigations and ,f prosecutions; and "(B) the independent counsel files a final report in compliance with section 594(h)(1)(B). "(2) TERMINATION BY DIVISION OF THE COURT.—The division of

the court, either on its own motion or upon the request of the Attorney General, may terminate an office of independent counsel at any time, on the ground that the investigation of all matters within the prosecutorial jurisdiction of such independent counsel or accepted by such independent counsel under section 594(e), and any resulting prosecutions, have been completed or so substantially completed that it would be appropriate for the Department of Justice to complete such investigations and prosecutions. At the time of such termi- Reports. nation, the independent counsel shall file the final report required by section 594(h)(1)(B). "(c) AUDITS.—After the termination of the office of an independent Reports. counsel, the Comptroller General shall conduct an audit of the expenditures of that office, and shall submit to the appropriate committees of the Congress a report on the audit.

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 101 STAT. 1306 28 USC 597.

PUBLIC LAW 100-191—DEC. 15, 1987

"§ 597. Relationship with Department of Justice "(a) SUSPENSION OF OTHER INVESTIGATIONS AND PROCEEDINGS.—

Whenever a matter is in the prosecutorial jurisdiction of an independent counsel or has been accepted by an independent counsel under section 594(e), the Department of Justice, the Attorney General, and all other officers and employees of the Department of Justice shall suspend all investigations and proceedings regarding such matter, except to the extent required by section 594(d)(1), and except insofar as such independent counsel agrees in writing that such investigation or proceedings may be continued by the Department of Justice. •

"(b) PRESENTATION AS AMICUS CURIAE PERMITTED.—Nothing in

this chapter shall prevent the Attorney General or the Solicitor General from making a presentation as amicus curiae to any court as to issues of law raised by any case or proceeding in which an independent counsel participates in an official capacity or any appeal of such a case or proceeding. 28 USC 598.

"§ 598. Severability "If any provision of this chapter or the application thereof to any person or circumstance is held invalid, the remainder of this chapter and the application of such provision to other persons not similarly situated or to other circumstances shall not be affected by such invalidation.

28 USC 599.

"§ 599. Termination of effect of chapter,.,.^. "This chapter shall cease to be effective five years after the date of the enactment of the Independent Counsel Reauthorization Act of 1987, except that this chapter shall continue in effect with respect to then pending matters before an independent counsel that in the judgment of such counsel require such continuation until that independent counsel determines such matters have been completed.". SEC. 3. STATUS OF INDEPENDENT COUNSEL AS A SPECIAL GOVERNMENT EMPLOYEE; FINANCIAL DISCLOSURE REQUIREMENTS.

(a) AMENDMENT TO TITLE 18.—The first sentence of section 202(a) of title 18, United States Code, is amended— (1) by striking out "or" after "United States commissioner" and inserting in lieu thereof a comma; and (2) by striking out the period at the end of the sentence and inserting in lieu thereof the following: ", or, regardless of the number of days of appointment, an independent counsel appointed under chapter 40 of title 28 and any person appointed by that independent counsel under section 594(c) of title 28.". (b) FINANCIAL DISCLOSURE REQUIREMENTS.— (1) FILING OF REPORTS.—Section 203(b) of the Ethics in Govern-

5 USC app.

Reports.

«

ment Act of 1978 is amended by striking out "and the Vice President" and inserting in lieu thereof ", the Vice President, and independent counsel and persons appointed by independent counsel under chapter 40 of title 28". (2) LIMITATION ON PUBLIC DISCLOSURE.—(A) Section 203(d) of the Ethics in Government Act of 1978 is amended by inserting before the period at the end thereof the following: ", except that any report filed by an independent counsel whose identity has not been disclosed by the division of the court under chapter 40

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 PUBLIC LAW 100-191—DEC. 15, 1987

101 STAT. 1307

of title 28, and any report filed by any person appointed by that independent counsel under such chapter, shall not be made available to the public under this title". (B) Section 205(a) of the Ethics in Government Act of 1978 is 5 USC app. amended by striking out "Each" in the first sentence and inserting in lieu thereof "Except as provided in section 203(d) of this Act, each". SEC. 4. CLERK OF THE DIVISION OF THE COURT.

Section 49(a) of title 28, United States Code, is amended by adding at the end thereof the following: "The Clerk of the United States Court of Appeals for the District of Columbia Circuit shall serve as the clerk of such division of the court and shall provide such services as are needed by such division of the court.". SEC. 5. TECHNICAL AMENDMENTS.

(a) TITLE 28, UNITED STATES CODE.—Section 49(f) of title 28, United States Code, is amended by striking out "a independent" and inserting in lieu thereof "an independent". (b) CONTINGENCY FUND.—Section 601(c) of the Ethics in Government Act of 1978 (28 U.S.C. 591 note) is amended by striking out "39 (relating to special prosecutor)" and inserting in lieu thereof "40 (relating to independent counsel)". SEC. 6. EFFECTIVE DATE.

28 USC 591 note.

(a) IN GENERAL.—Subject to subsection (h), the amendments made by this Act take effect on the date of the enactment of this Act. (b) PENDING PROCEEDINGS.—With respect to any proceeding under chapter 39 of title 28, United States Code (before the redesignation of such chapter as chapter 40 by section 144(g) of Public Law 99554), or under chapter 40 of such title (after such redesignation), which is pending on the date of the enactment of this Act, the following shall apply: (1) Except as provided in paragraphs (2) and (3), the provisions of chapter 40 of such title as in effect on the day before such date of enactment shall, in lieu of the amendments made by this Act, continue to apply on or after such date to such proceeding until such proceeding is terminated in accordance with such chapter. (2) The following provisions shall apply to such proceeding on or after such date of enactment: (A) Section 593(f) of title 28, United States Code, as amended by section 2 of this Act, relating to the award of attorneys' fees. (B) Section 594(d)(2) of such title, as added by section 2 of Reports, this Act, to the extent that such section 594(d)(2) relates to reports by the Attorney General on expenditures by independent counsel, except that the first such report shall be made only with respect to expenditures on or after the date of the enactment of this Act. (C) Section 594(h)(1)(A) of such title, as added by section 2 Reports, of this Act, relating to reports by independent counsel, except that the 6-month periods described in such section 594(h)(1)(A) shall be calculated from the date of the enactment of this Act.

91-194 O - 90 - 11: QL.3 Part 2

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 101 STAT. 1308

PUBLIC LAW 100-191—DEC. 15, 1987

(D) Section 594(i) of such title, as added by section 2 of « this Act, relating to the independence of the office of independent counsel for certain purposes. (E) Section 594(k) of such title, as added by section 2 of this Act, relating to custody of records of independent •f counsel. (F) Section 596(a)(3) of such title, as amended by section 2 of this Act, relating to judicial review of the removal of an independent counsel from office. (G) Section 596(c) of such title, as added by section 2 of this Act, relating to audits of expenditures of independent counsel. (H) The amendments made by section 3 of this Act, relating to the status of independent counsel and their appointees as special government employees and to their financial disclosure requirements. ^" ^ (3) Section 594(j) of title 28, United States Code, as added by " section 2 of this Act, relating to certain standards of conduct shall, 90 days after the date of the enactment of this Act, apply to a pending proceeding described in this subsection. Approved December 15, 1987.

LEGISLATIVE HISTORY—H.R. 2939 (S. 1293): HOUSE REPORTS: No. 100-316 (Comm. on the Judiciary). SENATE REPORTS: No. 100-123 accompanying S. 1293 (Comm. on Governmental Affairs). CONGRESSIONAL RECORD, Vol. 133 (1987): Oct. 16, S. 1293 considered in Senate. Oct. 21, H.R. 2939 considered and passed House. Nov. 3, considered and passed Senate, amended, in lieu of S. 1293. Nov. 20, Senate agreed to conference report. Dec. 2, House agreed to conference report. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 23 (1987): Dec. 15, Presidential statement.

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 PUBLIC LAW 100-192—DEC. 16, 1987

101 STAT. 1309

Public Law 100-192 100th Congress An Act To amend the National Trails System Act to designate the Trail of Tears as a National Historic Trail.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 5(a) of the National Trails System Act (16 U.S.C. 1244(a)) is amended by adding the following new paragraph at the end thereof: "(16)(A) The Trail of Tears National Historic Trail, a trail consisting of water routes and overland routes traveled by the Cherokee Nation during its removal from ancestral lands in the East to Oklahoma during 1838 and 1839, generally located within the corridor described through portions of Georgia, North Carolina, Alabama, Tennessee, Kentucky, Illinois, Missouri, Arkansas, and Oklahoma in the final report of the Secretary of the Interior prepared pursuant to subsection (b) of this section entitled "Trail of Tears" and dated June 1986. Maps depicting the corridor shall be on file and available for public inspection in the Office of the National Park Service, Department of the Interior. The trail shall be administered by the Secretary of the Interior. No lands or interests therein outside the exterior boundaries of any federally administered area may be acquired by the Federal Government for the Trail of Tears except with the consent of the owner thereof. "(B) In carrying out his responsibilities pursuant to subsections 5(f) and 7(c) of this Act, the Secretary of the Interior shall give careful consideration to the establishment of appropriate interpretive sites for the Trail of Tears in the vicinity of Hopkinsville, Kentucky, Fort Smith, Arkansas, Trail of Tears State Park, Missouri, and Tahlequah, Oklahoma.". AUTHORIZATION OF APPROPRIATIONS

SEC. 2. Section 10(c)(2) of the National Trails System Act (16 U.S.C. 1249(c)(2)) is amended by striking "through (13) and (15)" and inserting ", (10), (11), (12), (13), (15), and (16)". Approved December 16, 1987.

LEGISLATIVE HISTORY—S. 578: HOUSE REPORTS: No. 100-461 (Comm. on Interior and Insular Affairs). SENATE REPORTS: No. 100-175 (Comm. on Energy and Natural Resources). CONGRESSIONAL RECORD, Vol. 133 (1987): Oct. 1, considered and passed Senate. Dec. 1, considered and passed House, amended. Dec. 3, Senate concurred in House amendments.

Dec. 16, 1987 [S. 578]

u j '

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 101 STAT. 1310

PUBLIC LAW 100-193—DEC. 16, 1987

Public Law 100-193 100th Congress

. Joint Resolution

Dec. 16, 1987 [H.J. Res. 425]

Ante, p. 903.

Making further continuing appropriations for the fiscal year ending September 30, 1988, and for other purposes.

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That section 102(c) of Publlc Law 100-120, as amended by Public Law 100-162, is further amended by striking out "December 16, 1987" and inserting in lieu thereof "December 18, 1987". Approved December 16, 1987.

LEGISLATIVE HISTORY—H.J. Res. 425: CONGRESSIONAL RECORD, Vol. 133 (1987): Dec. 16, considered and passed House and Senate.

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 PUBLIC LAW 100-194—DEC. 17, 1987

101 STAT. 1311

Public Law 100-194 100th Congress Joint Resolution To congratulate King Bhumibol Adulyadej of Thailand on his sixtieth birthday on December 5, 1987.

Whereas His Majesty is the only reigning monarch in the world who was born in the United States, having been born on December 5, 1927, in Cambridge, Massachusetts, where his father was a medical student; Whereas, on July 2, 1988, he will become the longest reigning monarch in the history of Thailand, having served forty-two years; Whereas His Majesty is most revered by his subjects and respected by people throughout the world; and Whereas on the occasion of his sixtieth birthday in December 1987, His Majesty will be honored with the establishment of an International University in Thailand: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the United States congratulates His Majesty King Bhumibol Adulyadej of Thailand on the occasion of his sixtieth birthday and expresses appreciation for his long and valued friendship with the United States. Approved December 17, 1987.

LEGISLATIVE HISTORY—H.J. Res. 412: CONGRESSIONAL RECORD, Vol. 133 (1987): Dec. 3, considered and passed House. Dec. 4, considered and passed Senate.

Dec. 17, 1987 [H.J. Res. 412]

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 101 STAT. 1312

PUBLIC LAW 100-195—DEC. 18, 1987

Public Law 100-195 100th Congress

. J ' ^f Joint Resolution

Dec. 18, 1987 [H.J. Res. 199]

Designating April 1988 as "Actors' Fund of America Appreciation Month".

Whereas the Actors' Fund of America has given over 100 years of dedicated service to the entire entertainment world; Whereas the Fund'services are not restricted to actors but are available to any bona fide professional in the entertainment community who works in any capacity in the areas of ballet, opera, circus, variety, motion pictures, radio, television, and the legitimate stage; Whereas the Actors' Fund provides its members with a wide variety of services and benefits, including financial assistance, educational and career guidance, blood banks, funeral and burial assistance, psychological counseling, home nursing care, and the use of the renowned Actors' Fund Home, a retirement residence in Englewood, New Jersey; Whereas the Fund's new extended care facility, scheduled to be completed during 1987, will provide members with the finest possible nursing care; Whereas the efforts of the officers and board members of the Actors' Fund have been aided by the cooperation and financial support of members of the entertainment community, who support the Fund with bequests, donations, endowments, and by giving special performances for the benefit of the Fund; and Whereas since 1882 the Actors' Fund of America has been actively and productively concerned with the dignity and well-being of all members of the entertainment community: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That April 1988 is designated as "Actors' Fund of America Appreciation Month", and the President is authorized and requested to issue a proclamation saluting the accomplishments of the Fund and calling upon the people of the United States to observe the month with appropriate ceremonies and activities. Approved December 18, 1987.

LEGISLATIVE HISTORY—H.J. Res. 199: CONGRESSIONAL RECORD, Vol. 133 (1987): Sept. 30, considered and passed House. Dec. 4, considered and passed Senate.

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 PUBLIC LAW 100-196—DEC. 18, 1987

101 STAT. 1313

Public Law 100-196 100th Congress An Act To amend the Reclamation Authorization Act of 1976 (90 Stat. 1324, 1327).

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 208 of the Reclamation Authorization Act of 1976 (90 Stat. 1324, 1327) is amended by deleting "$39,370,000 (January 1976 prices), plus or minus such amounts, if any," and inserting in lieu thereof "$88,000,000 (January 1987 prices): Provided, That of the $88,000,000 authorized herein, only $18,000,000 thereof may be adjusted by such amounts, plus or minus,". Approved December 18, 1987.

LEGISLATIVE HISTORY—S. 649: CONGRESSIONAL RECORD, Vol. 133 (1987): Oct. 8, considered and passed Senate. Dec. 8, considered and passed House.

Dec. 18, 1987 ..g g^g.

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 101 STAT. 1314

PUBLIC LAW 100-197—DEC. 20, 1987

Public Law 100-197 100th Congress Joint Resolution Dec. 20, 1987 [H.J. Res. 431]

Ante, p. 1310.

Making further continuing appropriations for the fiscal year ending September 30, 1988, and for other purposes.

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That section 102(c) of Public Law 100-120, as amended by Public Law 100-162 and Public Law 100-193 is further amended by striking out "December 18, 1987" and inserting in lieu thereof "December 21, 1987". Approved December 20, 1987.

LEGISLATIVE HISTORY—H.J. Res. 431: CONGRESSIONAL RECORD, Vol. 133 (1987): Dec. 20, considered and passed House and Senate.

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Page:United States Statutes at Large Volume 101 Part 2.djvu/329

 PUBLIC LAW 100-198—DEC. 21, 1987

101 STAT. 1315

Public Law 100-198 100th Congress An Act To amend title 38, United States Code, to modify the amount of the Veterans' Administration home loan guaranty and to make other improvements in the loan guaranty program, and for other purposes.

Dec. 21, 1987 [H.R. 2672]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, Veterans' Home

Loan Program SECTION 1. SHORT TITLE; REFERENCE. Improvements (a) SHORT TITLE.—This Act may be cited as the "Veterans' Home and Property Rehabilitation Loan ProgTEim Improvements and Property Rehabilitation Act of Act of 1987. Housing. 1987". (b) REFERENCE.—Whenever in this Act an amendment, repeal, or 38 USC 101 note.

redesignation is expressed in terms of an amendment to, or repeal or redesignation of, a section or other provision, the reference shall be considered to be made to a section or other provision of title 38, United States Code, unless otherwise specified. SEC. 2. LOAN FEE.

(a) EXTENSION.—Section 1829(c) is amended by striking out "1987" and inserting in lieu thereof "1989". (b) WAIVER.—Section 1829(b) is amended by striking out "described in section 1801(b)(2) of this title" and inserting in lieu thereof "of any veteran (including a person who died in the active military, naval, or air service) who died from a service-connected disability". SEC. 3. GUARANTY AMOUNT.

(a) PURCHASE OR CONSTRUCTION OF HOMES.—(1) Section 1803(a)(l) is amended to read as follows: "(a)(1) Any loan to a veteran eligible for benefits under this chapter, if made for any of the purposes specified in section 1810 of this title and in compliance with the provisions of this chapter, is automatically guaranteed by the United States in an amount not to exceed— "(A) in the case of any loan of not more than $45,000, 50 percent of the loan; or "(B) in the case of any loan of more than $45,000, 40 percent of the loan or $36,000, whichever is less, except that the cimount of such guaranty for any such loan shall not be less them $22,500; reduced by the amount of entitlement previously used by the veteran under this chapter and not restored as a result of the exclusion in section 18020)) of this title.". (2) Section 1810(c) is repealed. (b) MANUFACTURED HOMES.—Section 1819(c) is amended— (1) in paragraph (3), by striking out the first sentence and inserting in lieu thereof the following: "The Administrator's guaranty may not exceed 40 percent of the loan, or $20,000, whichever is less, reduced by the amount of entitlement pre-

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Page:United States Statutes at Large Volume 101 Part 2.djvu/330

 101 STAT. 1316

,.

38 USC 1803 note.

PUBLIC LAW 100-198—DEC. 21, 1987

viously used by the veteran under this chapter and not restored as a result of the exclusion in section 1802(b) of this title."; and (2) in paragraph (4), by striking out the first sentence and inserting in lieu thereof "The amount of any loan guaranteed under this section shall not exceed an amount equal to 95 percent of the purchase price of the property securing such loan.". (c) DIRECT LOANS.—Section 1811(d)(2)(A) is amended by striking out "$27,500" each place it appears and inserting in lieu thereof "$36,000". (d) EFFECTIVE DATE.—The amendments made by this section shall apply to loans which are closed on or after February 1, 1988, except that they shall not apply to any loan for which a guaranty commitment is made on or before December 31, 1987. SEC. 4. FINANCIAL INFORMATION AND COUNSELING ASSISTANCE FOR VETERANS.

Termination date. 38 USC 1816 note.

(a) ASSISTANCE TO VETERANS.—Section 1816(a) is amended by adding at the end the following new paragraph: "(4)(A) Upon receiving a notice pursuant to paragraph (1) of this subsection, the Administrator shall^ "(i) provide the veteran with information and, to the extent > feasible, counseling regarding— "(I) alternatives to foreclosure, as appropriate in light of .: the veteran's particular circumstances, including possible methods of curing the default, conveyance of the property to the Administrator by means of a deed in lieu of foreclosure, and the actions authorized by section 1816(a)(2) of this title; and "(II) what the Veterans' Administration's and the veteran's liabilities would be with respect to the loan in the event of foreclosure; and "(ii) advise the veteran regarding the availability of such counseling; except with respect to loans made by a lender which the Administrator has determined has a demonstrated record of consistently providing timely and accurate information to veterans with respect to such matters. "(B) The Administrator shall, to the extent of the availability of appropriations, ensure that sufficient personnel are available to administer subparagraph (A) of this paragraph effectively and efficiently. "(C) The authority to Carry out this paragraph shall terminate on March 1, 1991.". 0)) EFFECTIVE DATE.—The amendment made by subsection (a) shall take effect on March 1, 1988. SEC. 5. ACTIONS WITH RESPECT TO DEFAULTED LOANS.

(a) DETERMINATION OF TOTAL INDEBTEDNESS.—Section 1816(c) is amended— (1) in paragraph (1)(D), by striking out "The" and inserting in lieu thereof Except as provided in subparagraph (D) of paragraph (10) of this subsection, the"; (2) in clause (ii) of paragraph (1)(D), by striking out "of the liquidation sale" and all that follows in such clause and inserting in lieu thereof the following: "applicable under paragraph (10) of this subsection, and";

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101 STAT. 1317

(3) in clause (iii) of paragraph (I)(D), by striking out "such regulations" and inserting in lieu thereof "regulations prescribed by the Administrator to implement this subsection"; and (4) by adding at the end the following new paragraphs: "(lOXA) Except as provided in subparagraphs (B) and (C) of this paragraph, the date referred to in paragraph (IXDXii) of this subsection shall be the date of the liquidation sale of the property securing the loan. "(B)(i) Subject to division (ii) of this subparagraph, in any case in which there is a substantial delay in such sale caused by the holder of the loan exercising forebearance at the request of the Administrator, the date referred to in paragraph (IXDXii) of this subsection shall be such date, on or after the date on which forebearance was requested and prior to the date of such sale, as the Administrator specifies pursuant to regulations which the Administrator shall prescribe to implement this paragraph. "(ii) The Administrator may specify a date under subdivision (i) of this subparagraph only if, based on the use of a date so specified for the purposes of such paragraph (IXDXii), the Administrator is authorized, under paragraph (7)(A) of this subsection, to accept conveyance of the property. "(C) In any case in which there is an excessive delay in such liquidation sale caused— "(i) by the Veterans' Administration (including any delay caused by its failure to provide bidding instructions in a timely fashion); or "(ii) by a voluntary case commenced under title 11, United States Code (relating to bankruptey); the date referred to in paragraph (IXDXii) of this subsection shall be a date, earlier than the date of such liquidation sale, which the Administrator specifies pursuant to regulations which the Administrator shall prescribe to implement this paragraph. "(D) For the purpose of determining the liability of the United States under a loan guaranty under clause (B) of paragraphs (5), (6), (7), and (8) of this subsection, the amount of the total indebtedness with respect to such loan guaranty shall include, in any case in which there was an excessive delay caused by the Veterans' Administration in the liquidation sale of the property securing such loan, any interest which had accrued as of the date of such sale and which would not be included, except for this subparagraph, in the calculation of such total indebtedness as a result of the specification of an earlier date under subparagraph (C)(i) of this paragraph. "(11) This subsection shall cease to have effect on October 1, 1989.". (b) REPEAL.—Paragraph (2) of section 2512(c) of the Deficit Reduction Act of 1984 (Public Law 98-369; 98 Stat. 1117) is repealed, (c) EFFECTIVE DATE.—The amendments made by subsection (a) shall apply to defaults which occur more than 60 days after the date of the enactment of this Act. SEC. 6. CASH SALES OF PROPERTIES ACQUIRED THROUGH FORECLOSURES.

(a) NUMBER OP VENDEE LOANS.—(1) Section 1816(d)(l) is amended by striking out "not more than 75 percent, nor less than 60 percent," in the first sentence and inserting in lieu thereof "not more than 65 percent, nor less than 50 percent,.

Regulations.

38 USC 1816 note. 38 USC 1816 note.

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 101 STAT. 1318 Effective date. 38 USC 1816 note.

38 USC 1816 note. 38 USC 1816 note.

PUBLIC LAW 100-198—DEC. 21, 1987

(2) The amendment made by paragraph (1) shall take effect as of October 1, 1987. (b) MAXIMUM AMOUNT AND REHABILITATION LOANS.—(1) Section

1816(d) is amended by adding at the end the following new paragraphs: "(4)(A) Except as provided in subparagraph (B) of this paragraph, the amount of a loan made by the Administrator to finance the purchase of real property from the Administrator described in paragraph (1) of this subsection may not exceed an amount equal to 95 percent of the purchase price of such real property. "(B) The Administrator may waive the provisions of subparagraph (A) of this paragraph in the case of any loan described in paragraph (5) of this subsection. "(5) The Administrator may include, as part of a loan to finance a purchase of real property from the Administrator described in paragraph (1) of this subsection, an amount to be used only for the purpose of rehabilitating such property. Such amount may not exceed the amount necessary to rehabilitate the property to a habitable state, and payments shall be made available periodically as such rehabilitation is completed. "(6) This subsection shall cease to have effect on October 1, 1990.". (2) The amendment made by this subsection shall apply to loans made more than 30 days after the date of the enactment of this Act. (c) REPORT.—The Administrator of Veterans' Affairs shall, by March 1, 1990, transmit to the Congress a report of the activities carried out, through December 31, 1989, under paragraphs (4) and (5) of section 1816(d) of title 38, United States Code, as added by subsection (b) of this section. SEC. 7. REFINANCING HOME LOANS. (a) LOANS GUARANTEED OR INSURED BY THE VETERANS' ADMINIS-

TRATION.—Section 1810(e)(1) is amended— (1) in clause (B), by striking out "and such" and all that follows through "home"; and (2) in clause (D), by striking out "and"; (3) in clause (E), by striking out the period and inserting in lieu thereof "by more than 10 years; and '; and (4) by adding at the end the following new clause: "(F) the veteran must own the dwelling or farm residence securing the loan and— "(i) must occupy sudh dwelling or residence as such veteran's home; "(ii) must have previously occupied such dwelling or residence as such veteran's home and must certify, in such form as the Administrator shall require, that the veteran has previously so occupied such dwelling or residence; or "(iii) in any case in which a veteran is in active duty status as a member of the Armed Forces and is unable to occupy such residence or dwelling as a home because of such status, the spouse of the veteran must occupy, or must have previously occupied, such dwelling or residence as such spouse's home and must certify such occupancy in such form as the Administrator shall require.". (b) MANUFACTURED HOUSING LOANS.—Section 1819(a)(4)(A) is amended— (1) in clause (ii), by striking out "and such" and all that follows through "veteran's home";

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 PUBLIC LAW 100-198—DEC. 21, 1987

101 STAT. 1319

(2) in clause (iv), by striking out "and"; (3) in clause (v), by striking out the period at the end and inserting in lieu thereof a semicolon; and (4) by adding at the end the following new clause: "(vi) the veteran must own the manufactured home, or the manufactured-home lot, or the manufactured home and the manufactured-home lot, securing the loan and— "(I) must occupy the home, a manufactured home on the lot, or the home and the lot, securing the loan; "(II) must have previously occupied the home, a manufactured home on the lot, or the home and the lot, securing the loan as the veteran's home and must certify, in such form as the Administrator shall require, that the veteran has previously so occupied the home (or such a home on the lot); or "(III) in any case in which a veteran is in active duty status as a member of the Armed Forces and is unable to occupy the home, a manufactured home on the lot, or the home and the lot, as a home because of such status, the spouse of the veteran must occupy, or must have previously occupied, the manufactured home on the lot, or the home and the lot, as such spouse's home and must certify such occupancy in such form as the Administrator shall require.". (c) AMOUNTS OF OTHER REFINANCING LOANS.—Section 1810

is

amended by adding at the end the following new subsection: "(h) The amount of a loan guaranteed for the purpose specified in subsection (a)(5) of this section may not exceed the amount equal to 90 percent of the appraised value of the dwelling or farm residence which will secure the loan, as determined by the Administrator.". (d) EFFECTIVE DATE.—(1) 'The amendments made by subsections (a) 38 USC 1810 and (b) of this section shall apply to loans made more than 30 days note. after the date of the enactment of this Act. (2) The amendment made by subsection (c) of this section shall apply to loans for which commitments are made more than 60 days after the date of the enactment of this Act. SEC. 8. OCCUPANCY REQUIREMENTS.

(a) ORIGINAL LOANS.—(1) Section 1804(c) is amended— (A) by striking out "(c) No" and inserting in lieu thereof "(c)(D Except as provided in paragraph (2) of this subsection, no"; (B) by striking out "No loan" in the second sentence and inserting in lieu thereof "Except as provided in paragraph (2) of this subsection, no loan"; and (C) by adding at the end the following new paragraph: "(2) In any case in which a veteran is in active duty status as a member of the Armed Forces and is unable to occupy a property because of such status, the occupancy requirements of— "(A) paragraph (1) of this subsection; "(B) paragraphs (1) through (5) and paragraph (7) of section 1810(a) of this title; "(C) section 1819(a)(5)(A)(i) of this title; and "(D) section 1819(e)(5) of this title; shall be considered to be satisfied if the spouse of the veteran occupies the property as the spouse's home and the spouse makes the certification required by paragraph (1) of this subsection.".

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Page:United States Statutes at Large Volume 101 Part 2.djvu/334

 101 STAT. 1320

38 USC 1804 note38 USC 1820 note.

PUBLIC LAW 100-198—DEC. 21, 1987

(2) Section 1810(a) is amended by striking out "(a) Any" and inserting in lieu thereof "(a) Except as provided in section 1804(c)(2) of this title, any". 0)) MANUFACTURED HOUSING LOANS.—(1) Section 1819(a)(5)(A)(i) is amended by inserting "(except as provided in section 1804(c)(2) of this title)" after "by the veteran". (2) Section 1819(e)(5) is amended by inserting before the semicolon the following: "; except that the requirement of this clause shall not apply (A) in the case of a guaranteed loan that is for the purpose described in paragraph dXF) of subsection (a), or (B) in the case described in section 1804(c)(2)". (c) EFFECTIVE DATE.—The amendments made by this section shall apply with respect to loans made more than 30 days after the date of the enactment of this Act. SEC. 9. PROPERTY MANAGEMENT. (a) HOMELESS PROGRAM.—(1) To assist

homeless veterans and their families acquire shelter, the Administrator of Veterans' Affgiirs may enter into agreements described in paragraph (2) of this subsection with— (A) nonprofit organizations, with preference being given to any organization named in, or approved by the Administrator under, section 3402 of title 38, United States (Dode; or (B) any State, as defined in section 101(20) of such title, or any I)olitical subdivision thereof. (2) To carry out paragraph (1) of this subsection, the Administrator may enter into agreements to sell real property, and improvements thereon, acquired by the Administrator as the result of a default on a loan made or guaranteed under chapter 37 of title 38, United States (Dode. Such sale shall be for such consideration as the Administrator determines is in the best interests of homeless veterans and tjie Federal Government. (3) Thej Administrator may enter into an agreement under paragraph (1) only if— (A) the Administrator determines that such an action will not ' V ^'^ adversely affect the Veterans' Administration's ability— ' (i) to fulfill its statutory missions with respect to the Veterans* Administration loan guaranty program and the short- and long-term solvency of the Loan Guaranty Revolving Fund under such chapter 37; or ^ ' (ii) to carry out other functions and administer other programs authorized by law; (B) the entity to which the property is sold agrees to (i) utilize the property solely as a shelter primarily for homeless veterans and their families, (ii) comply with all zoning laws relating to the property, (iii) make no use of the property that is not compatible with the area where the property is located, and (iv) take such other actions as the Administrator determines are necessary or appropriate in the best interests of homeless veterans and the Federal Government; and ' tJ (C) the Administrator determines that there is no significant likelihood of the property being sold for a price sufficient to reduce the liability of the Veterans' Administration or the veteran who had defaulted on the loan guaranteed under such chapter 37. (4) Any agreement, deed, or other instrument executed by the Administrator under this subsection shall be on such terms and

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101 STAT. 1321

conditions as the Administrator determines to be appropriate and necessary to carry out the purpose of such agreement. (b) JOB TRAINING PROGRAM.^1) TO assist veterans to obtain training pursuant to the Veterans' Job Training Act (29 U.S.C. 1721 note), the Administrator of Veterans' Affairs may convey to persons described in paragraph (2) of this subsection real property and improvements described in subsection (a)(2) of this section for an amount not less than 75 percent of the fair market value of such real property and improvements. (2) The Administrator may convey such property to persons who enter into an agreement with the Administrator to— (A) use veterans in a program of job training under the Veterans' Job Training Act in the rehabilitation of residences on such real property; and (B) provide a priority to veterans in the sale of such rehabilitated residences. (3) The Administrator may include appropriate enforcement provisions in any agreement aescribed in paragraph (2), including provision for reasonable liquidated damages. (4) The Administrator shall reduce the amount of any liability that a veteran has with respect to any property conveyed under this section by an amount equal to the reduction in the sale price of the property below the fair market value of the property. (c) TERMINATION.—The authority provided in subsections (a) and (b) shall terminate on October 1, 1990. (d) REPORT.—The Administrator of Veterans' Affairs shall, by March 1, 1990, transmit to the Congress a report of the activities carried out, through December 31, 1989, under this section. SEC. 10. LOAN ASSUMPTIONS. (a) IN GENERAL.—(1) Chapter 37 is amended by inserting after section 1817 the following new section: "§ 1817A. Assumptions; release from liability 38 USC 1817A. "(a)(1) If a veteran or any other person disposes of residential propjBrty securing a guaranteed, insured, or direct housing loan obtained by a veteran under this chapter and the veteran or other person notifies the holder of the loan in writing before the property IS disposed of, the veteran or other person, as the case may be, shall be relieved of all further liability to the Administrator with respect to the loan (including liability for any loss resulting from any default of the purchaser or any subsequent owner of the property) and the application for assumption shall be approved if the holder determines that— "(A) the loan is current; and "(B) the purchaser of the property from such veteran or other Contracts. person— "(i) is obligated by contract to purchase such property and to assume full liability for the repayment of the balance of the loan remaining unpaid and has assumed by contract all of the obligations of the veteran under the terms of the instruments creating and securing the loan; and "(ii) qualifies from a credit standpoint, to the same extent as if the purchaser were a veteran eligible under section 1810 of this title, for a guaranteed or insured or direct loan in an amount equal to the unpaid balance of the obligation for which the purchaser is to assume liability.

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 101 STAT. 1322

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PUBLIC LAW 100-198—DEC. 21, 1987

"(2) For the purposes of paragraph (1), paragraph (3), and paragraph (4)(C)(ii) of this subsection, the Administrator shall be considered to be the holder of the loan if the actual holder is not an approved lender described in section 1802. "(3) If the holder of the loan determines that the loan is not current or that the purchaser of the property does not meet the requirements of paragraph (I)(B) of this subsection, the holder shall— "(A) notify the transferor and the Administrator of such determination; and "(B) notify the transferor that the transferor may appeal the determination to the Administrator. "(4)(A) Upon the appeal of the trsmsferor after a determination described in paragraph (3) is made, the Administrator shall, in a timely manner, review and make a determination (or a redetermination in any case in which the Administrator made the determination described in such paragraph) with respect to whether the loan is current and whether the purchaser of the property meets the requirements of paragraph (I)(B) of this subsection. The Administrator shall transmit, in writing, a notice of the nature of such determination to the transferor and the holder and shall inform them of the action that shall or may be taken under subparagraph (B) of this paragraph as a result of the determination of the Administrator. "(B)(i) If the Administrator determines under subparagraph (A) of this paragraph that the loan is current and that the purchaser meets the requirements of paragraph (I)(B) of this subsection, the holder shall approve the assumption of the loan, and the transferor shall be relieved of all liability to the Administrator with respect to such loan. "(ii) If the Administrator determines under subparagraph (A) of this paragraph that the purchaser does not meet the requirements of paragraph (I)(B) of this subsection, the Administrator may direct the holder to approve the assumption of the loan if— "(I) the Administrator determines that the transferor of the property is unable to make payments on the loan and has made reasonable efforts to find a buyer who meets the requirements of paragraph (I)(B) of this subsection and that, as a result, the proposed transfer is in the best interests of the Veterans' Administration and the transferor; "(II) the transferor has requested, within 15 days after receiving the notice referred to in subparagraph (A) of this paragraph, that the Administrator approve the assumption; and "(III) the transferor will, upon assumption of the loan by the purchaser, be secondarily liable on the loan. "(C) If— "(i) the loan is not approved for assumption under subparagraph (B) of this paragraph or paragraph (1) of this subsection; or "(ii) no appeal is made by the transferor under subparagraph (A) of this paragraph within 30 days after the holder informs the transferor of its determination under paragraph (3) of this subsection, the holder may demand immediate, full payment of the principal, and all interest earned thereon, of such loan if the transferor disposes of the property. s

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