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 100 STAT. 616

PUBLIC LAW 99-335—JUNE 6, 1986

"SEC. 853. PARTICIPANTS.—(a) Except for persons excluded by subsection (b), (c), or (d), all members of the Foreign Service, any of whose service after December 31, 1983, is employment for the 42 USC 401. purpose of title II of the Social Security Act and chapter 21 of the 26 USC 3101 Internal Revenue Code of 1954, who would, but for this section, be et seq. participants in the Foreign Service Retirement and Disability System pursuant to section 803 shall instead be participants in the Ante, p. 614. Foreign Service Pension System. "(b) Members of the Service who were participants in the Foreign Service Retirement and Disability System on or before December 31, 1983, and who have not had a break in service in excess of one year since that date, are not made participants in the System by this section, without regard to whether they are subject to title II of the Social Security Act. "(c) Individuals who become members of the Service after having completed at least 5 years of civilian service creditable under subAnte, pp. 589, chapter I, subchapter III of chapter 83 of title 5, United States Code 591-593. (the Civil Service Retirement System), or title II of the Central 5 USC 403 note. Intelligence Agency Retirement Act of 1964 for Certain Employees (determined without regard to any deposit or redeposit requirement under any such subchapter or title, any requirement that the individual become subject to such subchapter or title after performing the service involved, or any requirement that the individual give notice in writing to the official by whom such individual is paid of such individual s desire to become subject to such subchapter or title) are not participants in the System, except to the extent provided for under title III of the Federal Employees' Retirement System Act of 1986 pursuant to an election under such title to become subject to this subchapter (under regulations issued by the Secretary of State pursuant to section 860), "(d) The Secretary may exclude from the operation of this subchapter any member of the Foreign Service, or group of members, whose employment is temporary or intermittent, except a member whose employment is part-time career appointment or career candidate appointment under section 306. 22 USC 3946. 22 USC 4071c. "SEC. 854. CREDITABLE SERVICE.—(a) For purposes of this subchapter, creditable service of a participant includes— "(1) service as a participant after December 31, 1986; "(2) service with respect to which deductions and withholdings under section 204(a)(2) of the Federal Employees' Retirement Contribution Temporary Adjustment Act of 1983 5 USC 8331 note. have been made; and "(3) except as provided in subsection (b), any civilian service performed before January 1, 1989 (other than service under paragraph (1) or (2)), which, but for the amendment made by section 414 of the Federal Employees' Retirement System Act of 1986, would be creditable under subchapter I (determined without regard to any deposit or redeposit requirement under such subchapter, subchapter III of chapter 83 of title 5, United States Code (the Civil Service Retirement System), or title II of the Central Intelligence Agency Retirement Act of 1964 for Certain 5 USC 403 note. Employees, any requirement that the individual become subject to such subchapter or title after performing the service involved, or any requirement that the individual give notice in writing to the official by whom such individual is paid of such individual's desire to become subject to such subchapter or title). 22 USC 4071b.

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 ‘true repentance was wrought in’ him. A warrant was out at the time to bring him before the general court of New England, and shortly after, when the first New England law was passed against baptists (13 Nov. 1644), he returned to England. He was at once chosen as colleague or assistant to William Kiffin or Kiffen [q. v.], pastor of the baptist church in Devonshire Square, London. He signed the ‘Confession of Faith of those churches, which are commonly (though falsly) called anabaptists; London, printed in the yeare of our Lord, 1644.’ This was published mainly in answer to the ‘Dippers Dipt,’ &c., London, 1645, of Daniel Featley [q. v.] The preface to the second edition (1646) also bears Patient's signature, but before the third was published (1651) he had left London. Patient and Kiffen were unwarrantably accused by Thomas Edwards (Gangræna, i. 84) of laying hands on and anointing with oil one Palmer, a woman in Smithfield.

Patient signed the ‘Epistle Dedicatory’ to Daniel King's ‘A Way to Sion,’ London, 1649, and he also subscribed an epistle entitled ‘Heart Bleedings for Professors' Abominations’ (London, 1650), from the baptist churches in London, directed specially against ranters and quakers.

On 8 March 1649 Patient was chosen by parliament as one of the ‘six able ministers’ who were to be sent ‘to dispense the gospel in the city of Dublin,’ with a salary each of 200l. a year, to be paid from the revenues of Ireland (Commons' Journals, vi. 379). Patient accordingly accompanied the army to Ireland in June or July 1649, and was attached to General Ireton's headquarters. On 15 April 1650 he writes from Kilkenny, shortly after its capitulation (28 March), of the kindness received from Cromwell, and of the success of his ministrations with Ireton's wife and Colonel Henry Cromwell [q. v.], daughter and son of the Protector (, State Papers, pp. 6, 7). The following year he was with the army at Waterford, and soon afterwards settled in Dublin, where he became pastor of a baptist congregation, and chaplain to General John Jones (d. 1660) [q. v.], who had married Cromwell's sister (cf., Letters, Hist. Soc. of Lancashire and Cheshire, 1860–1, p. 216). He was appointed by Jones, the deputy-governor, to preach before him and the council in the protestant cathedral of Christ Church, Dublin, every Sunday (, House of Cromwell, ii. 215). Crosby says he also founded the well-known baptist church at Clough Keating; but of this there appears no proof.

A letter from Dublin on 5 April 1654 (, State Papers, ii. 213) speaks of an anabaptist congregation, ‘of which Mr. Patience is pastor, from whose church those of profitable employment doe decline daily;’ but Patient heads the list of 117 names appended to an ‘Address from the Baptised Christians in Dublin’ professing loyalty and attachment to the Protector, probably on the occasion of his refusing the title of king in 1657 (, Lives of the Puritans, iii. 425). On 8 July 1659 Patient was described as ‘chaplain to the general officers’ (Cal. State Papers, Dom. 1659–60, p. 13). He returned to England about 1660, and not long after went to Bristol as assistant to Henry Hynam (d. 19 April 1679), minister of the first baptist church in the Pithay or Friars, now in King Street (, Rise and Progress of Dissent in Bristol, p. 215). During the mayoralty of Sir John Knight [q. v.] at Bristol dissenters were sharply persecuted, and on 4 Oct. 1663 Patient, with Thomas Ewins and Edward Terrill [q. v.], was sent to prison for preaching. Patient remained prisoner at least three months, and at the next sessions was probably remanded for refusing to pay the fines imposed.

In 1666 Patient returned to his former sphere in London, being set apart on 28 June 1666 as co-pastor with William Kiffen at Devonshire Square Church. Hanserd Knollys and Kiffen performed the office of laying on of hands. The plague was raging all round the meeting-house, and within a month, on 29 July 1666, Patient fell a victim to its ravages. His death, and burial on the succeeding day, are recorded with much solemnity in the church book of 1665. His will (P.C.C. 132 Mico) was proved, on 2 Aug. 1667, by his widow, Sarah Patient, who was the sole legatee.

Patient wrote ‘The Doctrine of Baptism and the Distinction of the Covenants’ (an attack on infant baptism), London, 1654. This was answered in ‘Caleb's Inheritance in Canaan. By E. W. [Edward Warren], a Member of the Army in Ireland,’ London, 1655.

[Brook's Lives of the Puritans, iii. 425, 426; Wilson's Hist. of Dissenting Churches, i. 431–3; Crosby's Hist. of Baptists, iii. 42, 43; Ivimey's Life of Kiffen, pp. 33, 35, 38, 93, and his Hist. of the English Baptists, ii. 326, 327, 328, 541, 577; Records of Broad Mead, Bristol, 1846, pp. 74, 75; Minute Book of Devonshire Square Church, per Rev. G. P. McKay, pastor; information from the Rev. E. B. Underhill; Confessions of Faith and other Documents, 1854, pp. 17, 23, 310, 311–14, 326, 341 (two publications of the Hanserd Knollys Soc.); Fuller's Rise and Progress of Dissent in Bristol, pp. 38, 217, 218; Noble's House of Cromwell, ii. 215; Nickolls's Original Letters and Papers of State from the

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 PUBLIC LAW 99-335—JUNE 6, 1986

100 STAT. 617

"(b)(1) A participant who has received a refund of retirenient deductions under subchapter I with respect to any service described in subsection (a)(3) may not be allowed credit for such service under this subchapter unless such participant deposits into the Fund an amount equal to 1.3 percent of basic pay for such service, with interest. "(2) A participant may not be allowed credit under this subchapter for any service described in subsection (a)(3) for which retirement deductions under subchapter I have not been made, unless such participant deposits into the Fund an amount equal to 1.3 percent of basic pay for such service, with interest. "(3) Interest under paragraph (1) or (2) shall be computed in accordance with section 805(d) and regulations issued by the Secretary of State. "(c) Credit shall be given under this System to a participant for a period of prior satisfactory service as— "(1) a volunteer or volunteer leader under the Peace Corps Act (22 U.S.C. 2501 et seq.), "(2) a volunteer under part A of title VIII of the Economic Opportunity Act of 1964, or "(3) a full-time volunteer for a period of service of at least one year's duration under part A, B, or C of title I of the Domestic Volunteer Service Act of 1973 (42 U.S.C. 4951 et seq.), if the participant makes a payment to the Fund equal to 3 percent of pay received for the volunteer service (as determined in accordance with regulations of the Secretary of State consistent with regulations for making corresponding determinations under chapter 83, title 5, United States Code) together with interest determined under regulations issued by the Secretary of State. "(d) Credit shall be given under this System to a participant for a period of prior service under the Federal Employees' Retirement System (described in chapter 84 of title 5, United States Code) or under title III of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees if the participant waives credit under the other retirement system and makes a payment to the Fund equal to the amount which would have been deducted from pay under section 856(a) had the individual been a participant during the prior creditable service under the other retirement system together with interest on such amount computed in accordance with regulations issued by the Secretary of State.

Voluntarism.

42 USC 2991 and note.

Post, p. 624.

22 USC 4071d. be retired under the conditions specified in section 811 and shall be 22 USC 4051. retired under the conditions specified in sections 812 and 813 and 22 USC 4052, 4053. receive benefits under this subchapter. SEC. 855. ENTITLEMENT TO ANNUITY.—(a)(1) Any participant may

"(2) For the purposes of this subsection— "(A) the term 'participant', as used in the sections referred to in paragraph (1), means a participant in the Foreign Service Pension System; and "(B) the term 'System', as used in those sections, means the Foreign Service Pension System. "(b)(1) Any participant who retires voluntarily or mandatorily under section 607, 608, 811, 812, or 813 under conditions authorizing an immediate annuity for participants in the Foreign Service Retirement and Disability System and who has completed at least 5 years of service subject to this chapter shall be entitled to an immediate annuity computed under paragraph (2). "(2) An annuity under paragraph (1) shall be computed—

22 USC 4007, 4008.

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 100 STAT. 618

Ante, p. 527.

Espionage. 22 USC 4010. 22 USC 4071e.

26 USC 3101.

22 USC 407if.

PUBLIC LAW 99-335—JUNE 6, 1986

"(A) for all service earned while a participant in this System, at the rate stated in section 8415(d) of title 5, United States Code; and "(B) for all service earned while a participant in another retirement system creditable under section 854(d), at the rate which would have been applicable to the individual had that individual remained a participant in the other system; and "(C) for all volunteer service creditable under section 854(c), at the rate stated in section 8415(a) of title 5, United States Code. "(c) A participant who is entitled to an immediate annuity under subsection OJ) shall be entitled to receive an annuity supplement while the annuitant is under 62 years of age. The annuity supplement shall be based on the total creditable service of the annuitant and shall be computed in accordance with sections 8421(b) and 8421a of title 5, United States Code, as if the participant were a law enforcement officer retired under section 8412(d) of such title. "(d) Any participant who is separated for cause under section 610 shall not be entitled to an annuity under this System when the Secretary determines that the separation was based in whole or in part on disloyalty to the United States. "SEC. 856. DEDUCTIONS AND WITHHOLDINGS FROM PAY.—(a)

The

employing agency shall deduct and withhold from basic pay of each participant a percentage of basic pay equal to IV2 percent minus the percentage then in effect under section 3101(a) of the Internal Revenue Code of 1954 (relating to the rate of tax for old age, survivors and disability insurance). "(b) Each participant is deemed to consent and agree to the deductions under subsection (a). Notwithstanding any law or regulation affecting the pay of a participant, payment less such deductions is a full and complete discharge and acquittance of all claims and demands for regular services during the period covered by the payment, except the right to any benefits under this subchapter based on the service of the participant. "(c) Amounts deducted and withheld under this section shall be deposited in the Treasury of the United States to the credit of the Fund under such procedures as the Comptroller General of the United States may prescribe. "(d) Under such regulations as the Secretary of State may issue, amounts deducted under subsection (a) shall be entered on individual retirement records. "SEC. 857. GOVERNMENT CONTRIBUTIONS.—(a) Each agency employing any participant shall contribute to the Fund the amount computed in a manner similar to that used under section 8423(a) of title 5, United States Code, pursuant to determinations of the normal cost percentage for the Foreign Service Pension System by the Secretary of State. "(b)(l) The Secretary of State shall compute the amount of the supplemental liability of the Fund as of the close of each fiscal year beginning after September 30, 1987. The amount of any such supplemental liability shall be amortized in 30 equal annual installments with interest computed at the rate used in the most recent valuation of the System. "(2) At the end of each fiscal year, the Secretary of State shall notify the Secretary of the Treasury of the amount of the installment computed under this subsection for such year.

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 100 STAT. 619

PUBLIC LAW 99-335—JUNE 6, 1986 "(3) Before closing the accounts for a fiscal year, the Secretary of the Treasury shall credit to the Fund, as a Government contribution, out of any money in the Treasury of the United States not otherwise appropriated, the amount under paragraph (2) of this subsection for such year. "SEC. 858. COST-OF-LIVING ADJUSTMENTS.—Cost-of-living adjust-

22 USC 4071g.

ments for annuitants under this System shall be granted under procedures in section 8462 of title 5, United States Code, in the same manner as such adjustments are made for annuitants referred to in subsection (c)(3)(B)(ii) of such section. "SEC. 859. GENERAL AND ADMINISTRATIVE PROVISIONS.—(a)

The

Secretary of State shall administer the Foreign Service Pension System except for matters relating to the Thrift Savings Plan provided in subchapters III and VII of chapter 84 of title 5, United States Code. The Secretary of State shall, with respect to the Foreign Service Pension System, perform the functions and exercise the authority vested in the Office of Personnel Management or the Director of such Office by such chapter 84 and may issue regulations for such purposes. "(b) Determinations of the Secretary of State under the Foreign Service Pension System which, if made by the Office of Personnel Management under chapter 84 of title 5, United States Code, or the Director of such Office, would be appealable to the Merit Systems Protection Board shall, instead, be appealable to the Foreign Service Grievance Board, except that determinations of disability for participants shall be based upon the standards in section 808 (other than the exclusion for vicious habits, intemperance, or willful misconduct) and subject to review in the same manner as under that section. "(c) At least every 5 years, the Secretary of the Treasury shall prepare periodic valuations of the Foreign Service Pension System and shall advise the Secretary of State of (1) the normal cost of the System, (2) the supplemental liability of the System, and (3) the amounts necessary to finance the costs of the System. "SEC. 860. TRANSITION PROVISIONS.—The Secretary of State shall issue regulations providing for the transition from the Foreign Service Retirement and Disability System to the Foreign Service Pension System in a manner comparable to the transition of employees subject to subchapter III of chapter 83 of title 5, United States Code (the Civil Service Retirement System), to the Federal Employees' Retirement System. For this and related purposes, references made to participation in subchapter III of chapter 83 of title 5, United States Code (the Civil Service Retirement System), the Social Security Act, and the Internal Revenue Code of 1954 shall be deemed to refer to participation in the Foreign Service Pension System or the Foreign Service Retirement and Disability System, as appropriate. SEC. 861. FORMER SPOUSES.—(a)(1)(A) Unless otherwise expressly provided by any spousal agreement or court order governing disposition of benefits under this subchapter, a former spouse of a participant or former participant is entitled, during the period described in subparagraph (B), to a share (determined under paragraph (2)) of all benefits otherwise payable to such participant under this subchapter if such former spouse was married to the participant for at least 10 years during service of the participant which is creditable under this chapter with at least 5 of such years occurring while the participant was a member of the Foreign Service.

22 USC 4071h.

Regulations. 22 USC 40711. Ante, pp. 589, 591-593.

42 USC 1305. 26 USC 1 et seq.

22 USC 4071J.

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 100 STAT. 620

PUBLIC LAW 99-335—JUNE 6, 1986

"(B) The period referred to in subparagraph (A) is the period which begins on the first day of the month following the month in which the divorce or annulment becomes final and ends on the last day of the month before th§ former spouse dies or remarries before 55 years of age. (2) The share referred to in paragraph (1) equals— "(A) 50 percent, if such former spouse was married to the participant throughout the actual years of service of the participant which are creditable under this chapter; or "(B) a pro rata share of 50 percent, if such former spouse was not married to the participant throughout such creditable service. "(3) A former spouse shall not be qualified for any benefit under this subsection if, before the commencement of any benefit, the former spouse remarries before becoming 55 years of age. 26 USC 1 et seq. "(4)(A) For purposes of the Internal Revenue Code of 1954, payments to a former spouse under this section shall be treated as income to the former spouse and not to the participant. "(B) Any reduction in payments to a participant or former participant as a result of payments to a former spouse under this subsection shall be disregarded in calculating— "(i) the survivor annuity for any spouse, former spouse, or other survivor under this subchapter, and "(ii) any reduction in the annuity of the participant to provide survivor benefits under this subchapter. "(5) Notwithstanding subsection (a)(1), in the case of any former spouse of a disability annuitant— "(A) the annuity of the former spouse shall commence on the date the participant would qualify, on the basis of his or her creditable service, for an annuity under this chapter (other than a disability annuity) or the date the disability annuity begins, whichever is later, and "(B) the amount of the annuity of the former spouse shall be calculated on the basis of the annuity for which the participant would otherwise so qualify. "(6)(A) Except as provided in subparagraph (B), any former spouse who becomes entitled to receive any benefit under this subchapter which would otherwise be payable to a participant or former participant shall be entitled to make any election regarding method of payment to such former spouse that such participant would have otherwise been entitled to elect, and the participant may elect an alternate method for the remaining share of such benefits. Such elections shall not increase the actuarial present value of benefits expected to be paid under this subchapter. "(B) A former spouse may not elect a method of payment under Ante, p. 522. Subchapter II, chapter 84 of title 5, United States Code, providing for payment of a survivor annuity to any survivor of the former spouse. '(7) The maximum amount payable to any former spouse pursuant to this subsection shall be the difference, if any, between 50 percent of the total benefits authorized to be paid to a former participant by this subchapter, disregarding any apportionment of these benefits to others, and the aggregate amount payable to all others at any one time. "(b)(1) Unless otherwise expressly provided for by any spousal agreement or court order governing survivorship benefits under this subchapter to a former spouse married to a participant or former participant for the periods specified in subsection (a)(l)(A), such

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 PUBLIC LAW 99-335—JUNE 6, 1986

100 STAT. 621

former spouse is entitled to a share, determined under subsection (b)(2), of all survivor benefits that would otherwise be payable under this subchapter to an eligible surviving spouse of the participant. "(2) The share referred to in subsection (b)(1) equals— "(A) 100 percent if such former spouse was married to the participant throughout the entire period of service of the participant which is creditable under this chapter; or "(B) a pro rata share of 100 percent if such former spouse was not married to the participant throughout such creditable service. "(c) A participant or former participant may not make any election or modification of election under section 8417, 8418, or 8433 of title 5, United States Code, or other section relating to the participant's account in the Thrift Savings Plan or annuity under the basic plan that would diminish the entitlement of a former spouse to any benefit granted to the former spouse by this section or in a current spousal agreement. "(d) If a member becomes a participant under this subchapter after qualifying for benefits under subchapter I and, at the time of transfer, has a former spouse entitled to benefits under subchapter I which are determined under section 814 or 815 (as determined by 22 USC 4054, the Secretary of State) and are similar in amount to a pro rata share ^055. division under section 814 or 815 and the service of the member as a participant under this subchapter is not recognized in determining that pro rata share, then subsections (a) and (b) of this section shall not apply to such former spouse. Otherwise, subsections (a) and (b) of this section shall apply. "(e) If a participant dies after completing at least 18 months of service or a former participant dies entitled to a deferred annuity, but before becoming eligible to receive the annuity, and such participant or former participant has left with the Secretary of State a spousal agreement promising a share of a survivor annuity under subchapter IV, chapter 84, title 5, United States Code, to a former spouse, such survivor annuity shall be paid under the terms of this subchapter as if the survivor annuity had been ordered by a court. "SEC. 862. SPOUSAL AGREEMENTS.—A spousal agreement is any 22 USC 407ik. written agreement (properly authenticated as determined by the Secretary of State) between a participant or former participant and his or her spouse or former spouse on file with the Secretary of State. A spousal agreement shall be consistent with the terms of this Act and applicable regulations and, if executed at the time a participant or former participant is currently married, shall be approved by such current spouse. It may be used to fix the level of benefits payable under this subchapter to a spouse or former spouse.". SEC. 416. TABLE OF CONTENTS.

The table of contents in section 2 of such Act is amended— (1) by striking out the item relating to chapter 8 and inserting in lieu thereof the following: "CHAPTER 8—FOREIGN SERVICE RETIREMENT AND DISABILITY "SUBCHAPTER I—FOREIGN SERVICE RETIREMENT AND DISABILITY SYSTEM";

and (2) by inserting after the item relating to section 827 the following: "Sec. 828. Remarriage.

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 100 STAT. 622

PUBLIC LAW 99-335—JUNE 6, 1986 "SUBCHAPTER II—FOREIGN SERVICE PENSION SYSTEM

"Sec. "Sec. "Sec. "Sec. "Sec. "Sec. "Sec. "Sec. "Sec. "Sec. "Sec. "Sec.

851. Establishment. 852. Definitions. 853. Participants. 854. Creditable service. 855. Entitlement to annuity. 856. Reduction and withholdings from pay. 857. Government contributions. 858. Cost-of-living adjustments. 859. General and administrative provisions. 860. Transition provisions. 861. Former spouses. 862. Spousal agreements.".

22 USC 4046

SEC. 417. EFFECTIVE DATE.

22 USC 4022.

(a) REGULATIONS.—Notwithstanding section 702 of this Act, the authority of the Secretary of State to issue regulations under subchapter II of title 8 of the Foreign Service Act of 1980 shall take effect on the date of enactment of this Act.

Ante, p. 615.

0?) 18-MoNTH PERIOD TO ELECT SURVIVOR ANNUITY.—(1) Notwith-

22 USC 4022; ante, p. 611.

standing section 702 of this Act, the amendment made by section 407 shall take effect 3 months after the date of enactment of this Act. (2)(A) Subject to subparagraph (B), the amendment made by section 407 shall apply with respect to participants and former participants who retire before, on, or after such amendment first takes effect. (B) For the purpose of applying the provisions of paragraph (1) of section 806(n) of the Foreign Service Act of 1980 (as added by section 407) to former participants who retire before the date on which the amendment first takes effect— (i) the period referred to in subparagraph (A) or (B) of such paragraph (as the case may be) shall be considered to begin on the date on which such amendment first becomes effective; and (ii) the amount referred to in paragraph (2) of such section 806(n) shall be computed without regard to the provisions of subparagraph (B)(ii) of such paragraph (relating to interest). (3) For purposes of this subsection, the term "participant" has the meaning given that term in section 803 of the Foreign Service Act of 1980 (22 U.S.C. 4043).

TITLE V—CENTRAL INTELLIGENCE AGENCY RETIREMENT AND RELATED MATTERS SEC. 501. REFERENCES.

The Central Intelligence Agency Retirement Act of 1964 for Certain Employees (78 Stat. 1043; 50 U.S.C. 403 note) is amended— (1) in section 201(c), by inserting "(except section 305(d) of this Act)" after "or any other provisions of law"; (2) by striking out "this Act" each place it appears in title II except in sections 201 and 264, and inserting in lieu thereof "this title"; and (3) by inserting "under this title" after "payable from the fund" each place it appears in title II.

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 PUBLIC LAW 99-335—JUNE 6, 1986

100 STAT. 623

SEC. 502. CONTRIBUTIONS TO THE CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM.

Section 211 of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees is amended— (1) by striking out "Seven" in the first sentence of subsection (a) and inserting in lieu thereof "Except as provided in subsection (d), seven"; and (2) by adding at the end thereof the following new subsection (d): "(d)(1) In the case of a participant who was a participant subject to this title before January 1, 1984, and whose service— "(A) is employment for the purposes of title II of the Social Security Act and chapter 21 of the Internal Revenue Code of 1954, and "(B) is not creditable service for any purpose under title III of this Act or chapter 84 of title 5, United States Code, there shall be deducted and withheld from the basic pay of the participant under this subsection during any pay period only the amount computed pursuant to paragraph (2). "(2) The amount deducted and withheld from the basic pay of a participant during any pay period pursuant to paragraph (1) shall be the excess of^ "(A) the amount determined by multiplying the percent applicable to the participant under subsection (a) by the basic pay payable to the participant for such pay period, over "(B) the amount of the taxes deducted and withheld from such basic pay under section 3101(a) of the Internal Revenue Code of 1954 (relating to old-age, survivors, and disability insurance) for such pay period.".

50 USC 403 note.

42 USC 40i. 26 USC 3101 et ^^^ Ante, p. 517.

26 USC 3101.

SEC. 503. OFFSET OF ANNUITY BY THE AMOUNT OF SOCIAL SECURITY BENEFITS.

Section 221 of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees is amended by adding at the end thereof 50 USC 403 note. the following new subsection: "(p)(1) Notwithstanding any other provision of this title, except as provided in paragraph (2), an annuity (including a disability annuity) payable under this title to an individual described in section 301(c)(l) and any survivor annuity payable under this title on the basis of the service of such individual shall be reduced in a manner consistent with section 8349 of title 5, United States Code, under Ante, p. 589. conditions consistent with the conditions prescribed in such section. "(2) This section shall not apply with respect to any annuity, or survivor annuity, which is based on the service of an individual described in section 301(c)(2).". Post, p. 624. SEC. 504. THRIFT SAVINGS FUND PARTICIPATION BY PARTICIPANTS IN THE CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM.

Part K of title II of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees is amended by adding at the end 50 USC 403 note. thereof the following new section:

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 100 STAT. 624

PUBLIC LAW 99-335—JUNE 6, 1986 THRIFT SAVINGS FUND PARTICIPATION BY PARTICIPANTS IN THE CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM

50 USC 403 note. Ante, p. 593.

"SEC. 293. (a) Participants in the Central Intelligence Agency Retirement and Disability System shall be deemed to be employees for the purposes of section 8351 of title 5, United States (Jode. "(b) Subsections (k) and (m) of section 8461 of title 5, United States Code, shall apply with respect to contributions made by officers and employees of the Agency to the Thrift Savings Fund under section 8351 of such title, and to earnings attributable to the investment of such contributions.". SEC. 505. ALTERNATIVE FORMS OF ANNUITIES.

Part K of title II of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees (as amended by section 504 of this Act) is further amended by adding at the end thereof the following new section: " A L T E R N A T IV E FOR M S O F ANNUITIES

Regulations. 50 USC 403 note.

Ante, p. 591.

"SEC. 294. (a) The Director shall prescribe regulations under which an officer or employee of the Agency may, at the time of retiring under this title (other than under section 231), elect annuity benefits under this section instead of any other benefits under this title (including any survivor benefits under this title) based on the service of the officer or employee creditable under this title. The regulations and alternatives shall, to the maximum extent practicable, meet the requirements prescribed in section 8343a of title 5, United States Code. "(b) Notwithstanding any other provision of law, any lump-sum credit provided pursuant to an election under subsection (a) shall not preclude an individual from receiving other benefits provided under such subsection. "(c) The Director shall submit the regulations prescribed under subsection (a) to the Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives before the regulations take effect.". SEC. 506. PARTICIPATION IN THE FEDERAL EMPLOYEES' RETIREMENT SYSTEM.

Ante, p. 622.

The Central Intelligence Agency Retirement Act of 1964 for Certain Employees is amended by adding at the end thereof the following: "TITLE III—PARTICIPATION IN THE FEDERAL EMPLOYEES' RETIREMENT SYSTEM APPLICATION OF FEDERAL EMPLOYEES RETIREMENT SYSTEM TO AGENCY EMPLOYEES

50 USC 403 note.

42 USC 401. 26 USC 3101 et seq.; ante, p. 517.

"SEC. 301. (a) Except as provided in subsections 0)) and (c), all officers and employees of the Agency, any of whose service after December 31, 1983, is employment for the purpose of title II of the Social Security Act and chapter 21 of the Internal Revenue Code of 1954, shall be subject to chapter 84 of title 5, United States Code. "(b) Participants in the Central Intelligence Agency Retirement and Disability System who were participants in such system on or before December 31, 1983, and who have not had a break in service

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 PUBLIC LAW 99-335—JUNE 6, 1986

100 STAT. 625

in excess of 1 year since that date, are not subject to chapter 84 of title 5, United States Code, without regard to whether they are subject to title II of the Social Security Act. "(c)(1) The provisions of chapter 84 of title 5, United States Code, shall not apply with respect to— "(A) any individual who separates, or who has separated, from Federal Government service after having been an officer or employee of the Agency subject to title II of this Act; and "(B) any officer or employee of the Agency having at least 5 years of civilian service which was performed before January 1, 1987, and is creditable under title II of this Act (determined without regard to any deposit or redeposit requirement under subchapter III of chapter 83 of title 5, United States Code, or under title II of this Act, or any requirement that the individual become subject to such subchapter or to title II of this Act after performing the service involved). "(2) Paragraph (1) shall not apply with respect to an individual who has elected under regulations prescribed under section 307 of this Act to become subject to chapter 84 of title 5, United States Code, to the extent provided in such regulations. "(3) An individual described in paragraph (1) shall be deemed to be an individual excluded under section 8402(b)(2) of title 5, United States Code. "(d) The application of the provisions of chapter 84 of title 5, United States Code, to officers and employees referred to in subsection (a) shall be subject to the exceptions and special rules provided in this title. Any provision of such chapter which is inconsistent with a special rule provided in this title shall not apply to such officers and employees.

Ante, p. 517. 42 USC 40i.

Ante, pp. 589, 591-593.

Post, p. 628.

"SPECIAL RULES RELATING TO SECTION 203 CRITERIA EMPLOYEES

"SEC. 302. (a) Except as otherwise provided in this section, in the 50 USC 403 note. application of chapter 84 of title 5, United States Code, to an officer or employee of the Agency who is subject to such chapter and is designated by the Director under the criteria prescribed in section 203, such officer or employee shall be treated for purposes of determining such officer's or employee's retirement benefits and obligations under such chapter as if the officer or employee were a law enforcement officer (as defined in section 8401(17) of title 5, United States Code). "(b) The provisions of sections 233 and 235 of this Act shall apply 50 USC 403 note. to officers and employees referred to in subsection (a), except that the retirement benefits shall be determined under the provisions of chapter 84 of title 5, United States Code. "(c)(1) Except as provided in paragraph (2), section 271 of this Act shall apply to an officer or employee referred to in subsection (a). "(2) Contributions during recall service shall be made as provided in section 8422 of title 5, United States Code. "(3) When an officer or employee recalled under this subsection reverts to a retired status, the annuity of such officer or employee shall be redetermined under the provisions of chapter 84 of title 5, United States Code.

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Page:United States Statutes at Large Volume 100 Part 1.djvu/662

 100 STAT. 626

PUBLIC LAW 99-335—JUNE 6, 1986 "SPECIAL RULES FOR OTHER EMPLOYEES FOR SERVICE ABROAD

50 USC 403 note. "SEC. 303. (a) Notwithstanding any provision of chapter 84 of title Ante, p. 517. 5, United States Code, the annuity under subchapter II of such chapter of a retired officer or employee of the Agency who is not designated under section 302(a) of this Act and has served abroad as an officer or employee of the Agency shall be computed as provided in subsection 0)). "0)X1) The portion of the annuity relating to service abroad performed on or after the effective date of the Federal Employees' Retirement System Act of 1986 shall be computed as provided in section 8415(d) of title 5, United States Code. "(2) The portions of the annuity relating to other service in the Agency shall be computed as provided in the provision of section 8415 of such title that is applicable to such service under the conditions prescribed in chapter 84 of such title. "SPECIAL RULES FOR FORMER SPOUSES

50 USC 403 note.

"SEC. 304, (a) Section 8445 of title 5, United States Code, and subsections (d) and (e) of section 8435 of such title shall not apply in the case of an officer or employee of the Agency who is subject to chapter 84 of title 5, United States Code, and who has a former 50 USC 403 note, spouse (as defined in section 204(b)(4) of this Act). Any reference in such chapter to a survivor annuity for a former spouse, as applied to such officer or employee, shall be deemed to refer to a survivor annuity for a former spouse of such officer or employee provided under subsection (c) of this section. "(b) Section 221(b)(l)(C) of this Act shall apply to a survivor annuity under subsection (c)(2) of this section. "(c) Except as otherwise provided in this section, the following provisions of title II of this Act shall apply in the case of an officer or employee of the Agency who is entitled to receive an annuity under subchapter II, III, or V of chapter 84 of title 5, United States Code, in the same manner as such provisions apply in the case of an officer or employee of the Agency under title II: "(1) Section 222, except that subsections O> and (c) of such t) section shall be subject to a waiver under subsection (b) of this section. "(2) Subsections (a), (b)(D, and (b)(3) of section 223 and the first sentence of subsection (c) of such section. "(3) Subsections (c) and (d) of section 234 (in the case of any lump-sum payment under section 8424(a) of title 5, United States Code, and any payment under subsection (b)(3), (b)(4), (c)(3), (c)(4), or (d) of section 8433 of such title). "(4) Section 2630t)). "(d) In the application of section 222(a) under subsection (c)(1)— "(1) the reference in paragraph (4)(B) of such section to section 271, 272, or 273 of this Act shall be deemed to refer to any similar provision of law applicable to such officer or employee for purposes of chapter 84 of title 5, United States Code; "(2) the amount of the reduction in the salary of a recalled or reinstated officer or employee under such paragraph (4)(B) shall be only the amount by which the annuity under subchapter II or V of chapter 84 of title 5, United States Code, would have been reduced; and

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 PUBLIC LAW 99-335—JUNE 6, 1986

100 STAT. 627

"(3) amounts to be deposited in the Treasury of the United States pursuant to such paragraph (4)(B) shall be credited to the Civil Service Retirement and Disability Fund. "(e) In the application of subsections (b) and (c) of section 222 50 USC 403 note. under subsection (c)(2)— "(1) the percentage prescribed in subsections (b)(l)(A), (b)(l)(B), (b)(4)(A), and (c)(2) of such section shall be deemed to be 50 percent; "(2) for the purpose of computing the amount of the former spouse's annuity under subsection (b)(1) of such section and the maximum amount of survivor annuities under subsection (b)(4) or (c)(2) of such section, the full amount of the deceased officer's or employee's annuity— "(A) in the case of an annuity under subchapter II or V of chapter 84 of title 5, United States Code, is the amount of Ante, pp. 517, such annuity computed without regard to the reduction for ^^^• survivor annuities; and "(B) in the case of an annuity under subchapter III of such chapter, is the amount of such annuity computed on an actuarial basis as provided in such subchapter taking into account the application of section 222(b)(l) in the case of such annuity; "(3) an election under subsection (b)(5)(B) of such section shall apply with respect to a survivor annuity for a spouse under section 8442 of title 5, United States Code; "(4) the reference in subsection (c)(2) of such section to a survivor annuity for a spouse shall be deemed to refer— "(A) in the case of an annuity under subchapter II or V of chapter 84 of title 5, United States Code, to the survivor annuity provided in section 8442 of title 5, United States Code; and "(B) in the case of an annuity under subchapter III of such chapter, to the survivor annuity described in section 8435(c) of such title; and "(5) the fund referred to in subsections (c)(3)(A) and (c)(3)(B) of such section shall be deemed to refer— "(A) in the case of an annuity under subchapter II or V of chapter 84 of title 5, United States Code, to the Civil Service Retirement and Disability Fund; and "(B) in the case of an annuity under subchapter III of such chapter, the Thrift Savings Fund established by section 8437 of such title. "(f) A reduction in the annuity of an officer or employee of the Agency to provide a survivor annuity or survivor annuities under this section shall be computed as provided in section 8419(a) of title 5, United States Code. "(g) The entitlement of a former spouse to a portion of an annuity of a retired officer or employee of the Agency under this section shall extend to any supplementary annuity payment that such officer or employee is entitled to receive under section 8421 of title 5, United States Code. "ADMINISTRATIVE PROVISIONS

"SEC. 305. (a) Section 201(c) of this Act shall apply in the adminis- 50 USC 403 note. tration of chapter 84 of title 5, United States Code, with respect to officers and employees of the Agency.

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Page:U.S. Department of the Interior Annual Report 1880.djvu/48

46 of locomotives, 58; passenger-cars, 25; baggage, mail, and express, 12; freight and other cars, 1,671. Funded debt, $3,881,834.41; floating debt $1,405,867.10; tatal debt, $5,287,701.51; stock and debt, $97,700,346.63. Cost of road, $95,697,159.04; cost of equipment, $1,243,531.05; cost of road and equipment, $97,920,120.57. Passenger, freight, and miscellaneous earnings, $2,230,577.37; operating expenses, $1,409,422.62; net earnings, $821,154.75. Acres of land unsold, 39,406,016.

The former company has been revitalized, and has begun the construction of its road west of Albuquerque, N. Mex.

Fifty miles of railroad are completed, and are reported ready for the examination of commissioners to be appointed by the President of the United States for that purpose. A portion of the original road is now owned and operated by the Saint Louis and San Francisco Eailway Company. The property of that company is in fair condition. The net earnin gs for the fiscal year ending June 30,1880, amounted to $1,252,863.69; against $575,734.77 for the corresponding period of 1879.

The company reports as follows:

Number of locomotives, 49; number of passenger cars, 10; baggage, mail, and express cars, 19; freight and other cars, 2,135. Stock issued, $23,803,462; funded debt, $16,771,286.96; floating debt, $542,950.27; unpaid interest, $220,513.50; total debt, $17,534,750.73; stock and debt, $41,338,212.73. Cost of road and franchises, $36,143,950.32. Net earnings, $1,252,863.69; interest paid, $654,239.23. Acres of land unsold, 49,244,803.

From reports made by this company the following figures are given:

Number of miles operated, 197.36; number of locomotives, 14; passenger cars, 9; baggage, mail, and express, 6; freight and other cars, 306. Par value of shares, $100; stock issued, $20,000,000; funded debt, $10,950,000; floating debt, $918,602.52; total debt, $11,868,602.52; total stock and debt, $31,868,602.52; cost of road, $4,873,369.96; cost of equipment, $590,434.80; cost of road and equipment, $5,463,804.76. Passenger earnings, $192,183.75; freight earnings, $247,009.63; miscellaneous earnings, $66,439.06; total earnings, $505,632.44; operating expenses, including taxes, $383,579.16; net earnings, $122,053.28.

This company furnishes the following report:

Miles operated, 49.76; number of locomotives, 7; passenger cars, 4; baggage, mail, and express cars, 2; freight and other cars, 171. Par value of shares, $100. Stock issued, $10,001,000; funded debt, $4,695,000; floating debt, $16,088.16; total debt, $4,711,088.16; total stock and


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Page:United States Statutes at Large Volume 100 Part 1.djvu/664

 100 STAT. 628

Ante, p. 625.

PUBLIC LAW 99-335—JUNE 6, 1986

"(b) Notwithstanding subsection (a), section 8461(e) of title 5, United States Code, shall apply with respect to officers and employees of the Agency who are not participants in the Central Intelligence Agency Retirement and Disability System and are not designated under section 302(a) of this Act. "REGULATIONS

50 USC 403 note.

"SEC. 306. (a) The Director, in consultation with the Director of the Office of Personnel Management and the Executive Director of the Federal Retirement Thrift Investment Board, shall prescribe in regulations appropriate procedures to carry out this title. "(b) The Director shall submit the regulations prescribed under subsection (a) to the Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives before the regulations take effect. "TRANSITION PROVISIONS

Regulations. 50 USC 403 note, Ante, p. 517.

"SEC. 307. (a) The Director shall issue regulations providing for the transition from the Central Intelligence Agency Retirement and Disability System to the Federal Employees' Retirement System provided in chapter 84 of title 5, United States Code, in a manner consistent with sections 301 through 304 of the Federal Employees' Retirement System Act of 1986. "(b) The Director shall submit the regulations prescribed under subsection (a) to the Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives before the regulations take effect.". SEC. 507. SPECIAL RETIREMENT ACCRUAL FOR OTHER INTELLIGENCE PERSONNEL. (a) CERTAIN NATIONAL SECURITY AGENCY PERSONNEL.—Section

Ante, p. 626.

9(b)(1)(B) of the National Security Agency Act of 1959 (50 U.S.C. 402 note) is amended by inserting before the semicolon the following: "(including special retirement accrual in the same manner provided in section 303 of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees (50 U.S.C. 403 note))'\ (b) CERTAIN DEFENSE INTELLIGENCE AGENCY PERSONNEL.—Section

Ante, p. 626.

1605(a) of title 10, United States Code, is amended by adding at the end thereof the following: "The Secretary may also provide to any such civilian personnel who are subject to chapter 84 of title 5, special retirement accrual benefits in the same manner provided for certain officers and employees of the Central Intelligence Agency in section 303 of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees (50 U.S.C. 403 note).".

TITLE VI—MISCELLANEOUS PROVISIONS SEC. 601. ANNUITIES FOR SURVIVORS OF DISTRICT OF COLUMBIA JUDGES.

(a) AMENDMENTS TO DISTRICT OF COLUMBIA CODE.—(1) Subsections (a) and (b) of section 11-1567 of title 11 of the District of Columbia Code are each amended by striking out "3 per centum" each place it appears and inserting in lieu thereof "3.5 percent". (2)(A) Subsection (a) of section 11-1568 of title 11 of the District of Columbia Code is amended by striking out "computing a survivor

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100 STAT. 629

annuity" and inserting in lieu thereof "any provision of this subchapter which refers to this subsection". (B) Subsection (c) of section 11-1568 of title 11 of the District of Columbia Code is amended— (i) in paragraph (2)(B), by striking out "the lesser of (i) $2,700 per year divided by the number of such children or (ii) $900" and inserting in lieu thereof "the lesser of (i) $8,424 per year divided by the number of such children or (ii) $2,808"; (ii) in paragraph (3), by striking out "the lesser of (A) $3,240 per year divided by the number of children or (B) $1,080" and inserting in lieu thereof "the lesser of (A) $10,110 per year divided by the number of such children or (B) $3,370"; (iii) by inserting before the first sentence of the matter following paragraph (3) the following: "For the purpose of computing, under this subsection, the annuity of a child that commences on or after January 1, 1987, the figures $8,424, $2,808, $10,110, and $3,370 (provided in paragraphs (2) and (3)) shall be increased by the total percentage of the increases allowed and in force with respect to retirement salaries of judges under section ll-1571(a) of this title on or after such date.'; and (iv) in the first sentence of the matter following paragraph (3) by striking out "remarriage" and inserting in lieu thereof "upon remarriage prior to the attainment of fifty-five years of age". (C) Subsection (e) of section 11-1568 of title 11 of the District of Columbia Code is amended to read as follows: "(e) The annuity of a widow or widower of a judge or retired judge who elected a survivor annuity shall be equal to— "(1) in the case of a judge who dies while in active regular service as a judge, the greater of— "(A) 55 percent of the retirement salary the judge would have been entitled to receive (as computed under section 11-1564) if the judge had retired on the day before the date of death (without regard to the age requirements prescribed in section ll-1562(b)), or "(B) 55 percent of the retirement salary the judge would have been entitled to receive (as computed under section 11-1564) if the judge had retired on the day before the date of death with 15 years of service for the purposes of this subchapter (without regard to the age requirements prescribed in section ll-1562(b)); and "(2) in the case of a retired judge, 55 percent of the retirement salary payable to such judge on the day before the date of the judge's death.", (b) APPLICATION OF AMENDMENTS.—The benefits conferred by section 11-1568 of title 11 of the District of Columbia Code, by reason of the amendments made by subsection (a) shall apply to individuals eligible for annuities under such sections on or after the date of the enactment of this Act, except that— (1) such annuities shall be computed in accordance with the provisions of such section, as amended by subsection (a), notwithstanding contributions or deposits made in accordance with applicable law at lower rates; and (2) no additional liability shall be created with respect to deposits made in accordance with applicable law before the date of the enactment of this Act, or after such date pursuant to an

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Page:United States Statutes at Large Volume 100 Part 1.djvu/666

 100 STAT. 630

PUBLIC LAW 99-335—JUNE 6, 1986 installment payment election made under section ll-1567(b) of title 11 of the District of Columbia Code, before such date. (c) OPPORTUNITY TO REVOKE A PREVIOUS SURVIVOR ANNUITY ELEC-

TION.—(I)(A) Any individual who, before the date of the enactment of this Act, made an election under section 11-1566 of title 11 of the District of Columbia Code, to come within the purview of the survivor annuity provisions of subchapter III of chapter 15 of such title may revoke that election. Such a revocation shall constitute a complete withdrawal from the survivor annuity program provided for in such subchapter. (B) A revocation under subparagraph (A) shall be submitted in writing to the Mayor of the District of Columbia. (2) A revocation under paragraph (1) shall be effective on the day it is received by the official referred to in subparagraph (B) of such paragraph. (8)(A) On the effective date of a revocation under paragraph (1), any right to survivor benefits (to which the revocation relates) for the survivors of the individual who makes the revocation shall terminate, and all amounts credited to the account of such individual under section ll-1570(c) of title 11 of the District of Columbia Code, together with interest computed as provided in subparagraph (B), shall be returned to that individual in a lump-sum payment. (B) For the purpose of subparagraph (A), interest shall be computed in accordance with section 11-1561(10X0 of title 11 of the District of Columbia Code. (4)(A) Any individual who makes a revocation under paragraph (1) and who thereafter becomes eligible to make an election under section 11-1556 of title 11 of the District of Columbia Code, may make such election only if such individual redeposits, to the credit of the District of Columbia Judge's Retirement Fund referred to in section 11-1561(4) of such title, the full amount of the lump-sum payment made to such individual under paragraph (4), together with interest. (B) For the purpose of subparagraph (A), interest shall be computed at 3 percent per annum, compounded on December 31 of each year from the date of the lump-sum payment referred to in such subparagraph until the date on which the amount referred to in such subparagraph is redeposited under such subparagraph. (d) ADDITIONAL OPPORTUNITY TO MAKE A SURVIVOR ANNUITY ELEC-

TION.—(1) Any individual who, on or before the date of the enactment of this Act, has not made an election under section ll-1566(a) of title 11 of the District of Columbia Code, to come within the purview of the survivor annuity provisions of subchapter III of chapter 15 of such title and is no longer entitled to make such an election may make such an election. Any such election shall be submitted in writing to the Mayor of the District of Columbia. (2) An election under paragraph (1) shall be effective on the day it is received by the official referred to in such paragraph. (e) PERIOD FOR EXERCISE OF RIGHT TO REVOKE OR ELECT.—The right to revoke an election under subsection (d) or to make an election under subsection (e) is irrevocably waived if not exercised within 180 days after the date of the enactment of this Act.

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Page:United States Statutes at Large Volume 100 Part 1.djvu/667

 100 STAT. 631

PUBLIC LAW 99-335—JUNE 6, 1986

TITLE VII—AUTHORIZATION OF APPROPRIATIONS; EFFECTIVE DATES SEC. 701. AUTHORIZATION OF APPROPRIATIONS FOR CERTAIN EXPENSES OF THE FEDERAL RETIREMENT THRIFT INVESTMENT MANAGEMENT SYSTEM.

5 USC 8472 note.

(a) TEMPORARY ALTERNATIVE FUNDING.—Notwithstanding section 8484(c)(3) of title 5, United States Code (as added by section 101 of this Act), the expenses incurred in the administration of the Federal Retirement Thrift Investment Management System under subchapter VII of chapter 84 of such title (as so added) during fiscal Ante, p. 577. years 1986 and 1987 shall be paid from sums appropriated pursuant to subsection (b). (b) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to the Federal Retirement Thrift Investment Board, for ftscal years 1986 and 1987, such sums as may be necessary to pay the expenses incurred in the administration of the Federal Retirement Thrift Investment Management System during such fiscal years. 5 USC 8401 note.

SEC. 702. EFFECTIVE DATES.

(a) IN GENERAL.—Except as provided in subsection (b), this Act and the amendments made by this Act shall take effect on January 1, 1987. (b) EXCEPTIONS.—(1) Subchapter VII of chapter 84 of title 5, United States Code, as added by section 101 of this Act, shall take effect on the date of the enactment of this Act. (2) Except as provided in section 305 of this Act, title III of this Act, and the amendments made by such title, shall take effect on the date of the enactment of this Act. (3) The amendments made by sections 204 and 205 of this Act shall take effect on the date of the enactment of this Act. (4) Section 701 of this Act shall take effect on the date of the enactment of this Act. (5) Sections 505 and 601 of this Act and the amendments made by such section 601 shall take effect on the date of the enactment of this Act. (c) FIRST COST-OF-LIVING ADJUSTMENT.—(1) For

purposes of

the

first adjustment under subsection (b) of section 8462 of title 5, United States Code (as added by section 101 of this Act), the base quarter ending on September 30, 1986, shall be considered to have been the base quarter for a year in which an adjustment under such subsection was made.

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 100 STAT. 632

PUBLIC LAW 99-335—JUNE 6, 1986

(2) As used in paragraph (1), the term "base quarter" has the meaning provided by section 8462(a)(1) of title 5, United States Code (as added by section 101 of this Act). Approved June 6, 1986.

LEGISLATIVE HISTORY—H.R. 2672 (S. 1527): HOUSE REPORTS: No. 99-606 (Comm. on Conference). SENATE REPORTS: No. 99-166 accompanying S. 1527 (Comm. on Governmental Affairs) and No. 99-302 (Comm. of Conference). CONGRESSIONAL RECORD: Vol. 131 (1985): July 8, considered and passed House. Nov. 7, considered and passed Senate, amended, in lieu of S. 1527. Vol. 132 (1986): May 20, Senate agreed to conference report. May 22, House agreed to conference report. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 22 (1986): June 6, Presidential statement.

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Page:United States Statutes at Large Volume 100 Part 1.djvu/669

 PUBLIC LAW 99-336—JUNE 19, 1986

Public Law 99 -336 99th Congress

100 STAT. 633

An Act

To amend title 28, United States Code, to reform and improve the Federal justices and judges survivors' annuities program, 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 "Judicial Improvements Act of 1985". SEC. 2. JUDICIAL SURVIVORS' ANNUITIES AMENDMENTS.

June 19, 1986 [H.R. 3570] Judicial Improvements Act of 1985. Courts. Retirement. 28 USC 1 note.

(a) BENEFIT REFORMS.—Section 376 of title 28, United States Code, is amended as follows: (1) Subsection (a)(1) is amended by striking out "or (iii) the date upon which the Judicial Survivors' Annuities Reform Act 28 USC i note. becomes effective;" and inserting in lieu thereof "(iii) January 1, 1977; or (iv) October 1, 1986;". (2) Subsections (b) and (d) are each amended by striking out "4.5 percent" each place it appears and inserting in lieu thereof "5 percent". (3) Subsection (c) is amended to read as follows: "(c)(1) There shall also be deposited to the credit of the Judicial Survivors' Annuities Fund, in accordance with such procedures as the Comptroller General of the United States may prescribe, amounts required to reduce to zero the unfunded liability of the Judicial Survivors' Annuities Fund: Provided, That such amounts shall not exceed the equivalent of 9 percent of salary or retirement salary. Such deposits shall, subject to appropriations Acts, be taken from the fund used to pay the compensation of the judicial official, and shall immediately become an integrated part of the Judicial Survivors' Annuities Fund for any use required under this section. "(2) For purposes of paragraph (1), the term 'unfunded liability' means the estimated excess, determined on an annual basis in accordance with the provisions of section 9503 of title 31, United States Code, of the present value of all benefits payable from the Judicial Survivors' Annuities Fund, over the sum of— "(A) the present value of deductions to be withheld from the future basic pay of judicial officials; plus "(B) the balance in the Fund as of the date the unfunded liability is determined. In making any determination under this paragraph, the Comptroller General shall use the applicable information contained in the reports filed pursuant to section 9503 of title 31, United States Code, with respect to the judicial survivors' annuities plan established by this section. "(3) There are authorized to be appropriated such sums as may be Appropriation authorization. necessary to carry out this subsection.". (4) Subsection (h) is amended— (A) in paragraph (1)(B), by striking out clauses (i) and (ii) and inserting in lieu thereof the following:

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PUBLIC LAW 99-336—JUNE 19, 1986

"(i) 10 percent of the average annual salary determined under subsection (1)(1) of this section; or "(ii) 20 percent of such average annual salary, divided by the number of children;"; (B) in paragraph (1)(C) by striking out clauses (ii) and (iii) and inserting in lieu thereof the following: "(ii) 20 percent of the average annual salary determined under subsection (1)(1) of this section; or "(iii) 40 percent of such average annual salary amount, divided by the number of children;"; and (C) in paragraph (2) by inserting immediately after "remarriage" the following: "before attaining age 55". (5) Subsection (1) is amended— (A) by striking out "IV^ percent" and inserting in lieu thereof "1.5 percent"; (B) in paragraph (2) by striking out the colon after "subsection" and inserting in lieu thereof a semicolon; and (C) by striking out the proviso and inserting in lieu thereof the following: "except that such annuity shall not exceed an amount equal to 50 percent of such average annual salary, nor be less than an amount equal to 25 percent of such average annual salary. Any annuity determined in accordance with the provisions of this subsection shall be reduced to the extent required by subsection (d) of this section.". 28 USC 376 note. (b) BENEFICIARIES.—The benefits conferred by section 376 of title 28, United States Code, by reason of the amendments made by this section shall apply only to individuals who become eligible for annuities under such section on or after the effective date of this section, except that— (1) such annuities shall be computed in accordance with the provisions of section 376 of title 28, United States Code, as amended by this section, notwithstanding contributions or deposits made in accordance with applicable law at lower rates; and (2) no additional liability shall be created with respect to deposits made in accordance with applicable law before the effective date of this section, or after such effective date pursuant to an agreement entered into before such effective date. 28 USC 376 note. (c) REVOCATION.—(1) Within 180 days after the effective date of this section, any judicial official who, before such effective date, made an election under section 376 of title 28, United States Code, to come within the purview of that section, shall be entitled to revoke that election. Such revocation shall constitute a complete withdrawal from the judicial survivors' annuities program provided for in such section 376. No such revocation shall be effective unless it is submitted in writing to the Director of the Administrative Office of the United States Courts, and until such writing is received by the Director. Upon receipt by the Director of such writing, any rights to survivorship benefits for the survivors of such judicial official shall terminate, and all amounts credited to the individual account of such judicial official under section 376(e), together with interest at 3 percent per annum, compounded on December 31 of each year to such date of revocation, shall be returned to that judicial official in a lump-sum payment. (2) Any judicial official who makes a revocation under paragraph (1) of this subsection and who thereafter becomes eligible to make an

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Page:United States Statutes at Large Volume 100 Part 1.djvu/671

 PUBLIC LAW 99-336—JUNE 19, 1986

100 STAT. 635

election under section 376(b) of title 28, United States Code, may make such election only if such judicial official redeposits, to the credit of the Judicial Survivors' Annuities Fund, the full amount of the lump-sum payment made to such judicial official under paragraph (1) of this subsection, together with interest at 3 percent per annum, compounded on December 31 of each year from the date of such revocation until the date upon which that amount is so redeposited. (3) Any judicial official who fails to revoke an election in accordance with paragraph (1) of this subsection shall be deemed to have irrevocably waived the right to make that revocation. (d) ANNUITIES FOR FORMER SPOUSES.—

(1) Section 376 of title 28, United States Code, is amended in subsection (a)— (A) by striking out the period at the end of paragraph (5) and inserting in lieu thereof "; and"; and (B) by adding at the end the following new paragraph: "(6) 'former spouse' means a former spouse of a judicial official if the former spouse was married to such judicial official for at least 9 months.". (2) Section 376 of title 28, United States Code, is amended by adding at the end the following new subsections: "(s) A judicial official who has a former spouse may elect, under procedures prescribed by the Director of the Administrative Office of the United States Courts, to provide a survivor annuity for such former spouse under subsection (t). An election under this subsection shall be made at the time of retirement, or, if later, within 2 years after the date on which the marriage of the former spouse to the judicial official is dissolved. An election under this subsection— "(1) shall not be effective to the extent that it— "(A) conflicts with— "(i) any court order or decree referred to in subsection (t)(l), which was issued before the date of such election, or "(ii) any agreement referred to in such subsection Contracts. which was entered into before such date; or "(B) would cause the total of survivor annuities payable under subsections (h) and (t) based on the service of the judicial official to exceed 55 percent of the average annual salary (as such term is used in subsection (1)) of such official; and "(2) shall not be effective, in the case of a judicial official who is then married, unless it is made with the spouse's written consent. The Director of the Administrative Office of the United States Regulations. Courts shall provide by regulation that paragraph (2) of this subsection may be waived if the judicial official establishes to the satisfaction of the Director that the spouse's whereabouts cannot be determined, or that, due to exceptional circumstances, requiring the judicial official to seek the spouse's consent would otherwise be inappropriate. "(t)(l) Subject to paragraphs (2) through (4) of this subsection, a former spouse of a deceased judicial official is entitled to a survivor annuity under this section if and to the extent expressly provided for in an election under subsection (s), or in the terms of any decree of divorce or annulment or any court order or court-approved property settlement agreement incident to such decree.

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 100 STAT. 636

PUBLIC LAW 99-336—JUNE 19, 1986

"(2) The annuity payable to a former spouse under this subsection may not exceed the difference between— "(A) the maximum amount that would be payable as an annuity to a widow or widower under subsection (1), determined without taking into account any reduction of such annuity caused by payment of an annuity to a former spouse; and to any other former spouse of the judicial official, based on an election previously made under subsection (s), or a court order previously issued. "(3) The commencement and termination of an annuity payable under this subsection shall be governed by the terms of the applicable order, decree, agreement, or election, as the case may be, except that any such annuity— "(A) shall not commence before— "(i) the day after the judicial official dies, or "(ii) the first day of the second month beginning after the date on which the Director of the Administrative Office of the United States Courts receives written notice of the order, decree, agreement, or election, as the case may be, together with such additional information or documentation as the Director may prescribe, whichever is later, and "(B) shall terminate no later than the last day of the month before the former spouse remarries before becoming 55 years of age or dies. "(4) For purposes of this section, a modification in a decree, order, agreement, or election referred to in paragraph (1) of this subsection shall not be effective— "(A) if such modification is made after the retirement of the judicial official concerned, and "(B) to the extent that such modification involves an annuity under this subsection.". (3)(A) Subsection (1) of section 376 of title 28, United States Code (as amended by subsection (a)(4)(C) of this section), is amended by striking out the period at the end of the last sentence and by adding at the end the following: ", and by the amount of any annuity payable to a former spouse under subsection (t).". (B) Subsection (n) of section 376 of such title is amended in the last sentence by inserting after "equity," the following: "except as provided in subsections (s) and (t),"(C) Subsection (o) of section 376 of such title is amended in paragraphs (2) and (3) by inserting "or (t)" after "subsection (h)" each place it appears. 28 USC 376 note. (4) Payments of retirement salary as defined in section 376(a)(2) of title 28, United States Code, which would otherwise be made to the judicial official upon whose service the retirement salary is based, shall be paid (in whole or in part) to another person if and to the extent expressly provided for in the terms of any court decree of divorce, annulment, or legal separation, or the terms of any court order or court-approved property settlement agreement incident to any court decree of divorce, annulment, or legal separation. Any payment under this paragraph to a person bars recovery by any other person. This paragraph shall apply only to payments made after the date of receipt by the Director of the Administrative Office of
 * '(B) the amount of any annuity payable under this subsection

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100 STAT. 637

United States Courts of written notice of such decree, order, or agreement, and such additional information and documentation as the Director may prescribe. As used in this paragraph, "court" means any court of any State or the District of Columbia. (e) CREDITABLE SERVICE.—Section 376(k)(l) of title 28, United States Code, is amended by deleting the phrase "subsection (b) of. (f) EFFECTIVE DATE.—This section shall take effect on October 1, 28 USC 376 note. 1986. SEC. 3. REMOVAL JURISDICTION.

(a) SECTION 1441 AMENDMENT.—Section 1441 of title 28, United States Code, is amended by adding at the end the following new subsection: "(e) The court to which such civil action is removed is not precluded from hearing and determining any claim in such civil action because the State court from which such civil action is removed did not have jurisdiction over that claim.". (b) EFFECTIVE DATE.—The amendment made by this section shall 28 USC 1441 apply with respect to claims in civil actions commenced in State note. courts on or after the date of the enactment of this section. SEC. 4. COLLECTION OF FEES FOR THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA.

(a) SECTION 1914 AMENDMENT.—Section 1914 of title 28, United States Code, relating to district court fees, is amended by striking out subsection (d). (b) AMENDMENTS TO DISTRICT OF COLUMBIA CODE.—

(1) Section 15-701(a) of the District of Columbia Code, relating to compensation taxed as costs, is amended by striking out "clerk of the United States District Court for the District of Columbia,". (2) Section 15-702 of such code, relating to docket fees, is amended— (A) by striking out "(a)" and all that follows through "(b)"; and (B) by striking out the section heading and inserting in lieu thereof the following: "§ 15-702. Attorney fees taxed as costs". (3) Section 15-703 of such code, relating to deposit and security for costs, is amended— (A) by striking out "(a)" and all that follows through "(b)" and inserting in lieu thereof "(a)"; (B) in the undesignated paragraph by inserting "(b)" immediately before "A nonresident"; and (C) in the section heading by striking out "Deposit for costs; security" and inserting in lieu thereof "Security". (4) Section 15-704 of such code, relating to advance payment of costs and fees, is amended— (A) in subsection (a) by striking out "(a)" and by striking out "the clerk of the United States District Court for the District of Columbia and"; and (B) by striking out subsection (b). (5) Section 15-706 of such code, relating to clerk's fees in the United States District Court for the District of Columbia, is hereby repealed.

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 100 STAT. 638

PUBLIC LAW 99-336—JUNE 19, 1986 (6) Section 15-709(a) of such code, relating to fees and costs in Superior Court, is amended by striking out the second sentence. (7) The table of contents for chapter 7 of title 15 of such code, relating to fees and costs, is amended— (A) by striking out the item relating to section 15-702 and inserting in lieu thereof

"15-702. Attorney fees taxed as costs.";

28 USC 1914 note.

and (B) by striking out "Deposit for costs; security" in the item relating to section 15-703 and inserting in lieu thereof "Security". (c) EFFECTIVE DATE.—The amendments made by this section shall apply with respect to any civil action, suit, or proceeding instituted on or after the date of the enactment of this Act. SEC. 5. JUDICIAL REVIEW OF FEDERAL MARITIME COMMISSION AND MARITIME ADMINISTRATION ORDERS.

28 USC 2342 note.

(a) SECTION 2342 AMENDMENT.—Section 2342(3) of title 28, United States Code, is amended to read as follows: "(3) all rules, regulations, or final orders of— "(A) the Secretary of Transportation issued pursuant to section 2, 9, 37, 41, or 43 of the Shipping Act, 1916 (46 U.S.C. App. 802, 803, 808, 835, 839, and 841a); and "(B) the Federal Maritime Commission issued pursuant to— "(i) section 23, 25, or 43 of the Shipping Act, 1916 (46 U.S.C. App. 822, 824, or 841a); "(ii) section 19 of the Merchant Marine Act, 1920 (46 U.S.C. App. 876); "(iii) section 2, 3, 4, or 5 of the Intercoastal Shipping Act, 1933 (46 U.S.C. App. 844, 845, 845a, or 845b); "(iv) section 14 or 17 of the Shipping Act of 1984 (46 U.S.C. App. 1713 or 1716); or "(v) section 2(d) or 3(d) of the Act of November 6, 1966 (46 U.S.C. App. 817d(d) or 817e(d);". (b) EFFECTIVE DATE.—The amendment made by this section shall apply with respect to any rule, regulation, or final order described in such amendment which is issued on or after the date of the enactment of this Act. SEC. 6. TECHNICAL AMENDMENTS. (a) REDESIGNATION OF DUPLICATE SECTIONS.— (1) TITLE 28 AMENDMENTS.—Chapter 85 of title 28, United

28 USC 1330 et s«9-

States Code, is amended— (A) in the table of sections by striking out "1364. Senate actions. "1364. Construction of references to laws of the United States or Acts of Congress."

and inserting in lieu thereof the following: "1365. Senate actions. "1366. Construction of references to laws of the United States or Acts of Congress.";

(B) by striking out the section heading "§ 1364. Senate actions" and inserting in lieu thereof the following:

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100 STAT. 639

"§ 1365. Senate actions"; and (C) by striking out the section heading "§ 1364. Construction of references to laws of the United States or Acts of Congress" and inserting in lieu thereof the following: Acts of Congress". (2) CONFORMING AMENDMENT.—Section 705(a) of the Ethics in
 * '§ 1366. Construction of references to laws of the United States or

Government Act of 1978 (Public Law 95-521; 2 U.S.C. 288d(a)) is amended by striking out "1364" and substituting "1365". (b) DELETION OF INCORRECT REFERENCES.—Paragraph (3) of section 620(b) of title 28, United States Code, is amended— (1) by striking out "referees,"; and (2) by substituting "magistrates" for "commissioners". (c) EFFECTIVE DATE.—The amendments made by this section shall take effect on the date of the enactment of this Act.

28 USC 620 note.

SEC. 7. FULL LIFE INSURANCE COVERAGE FOR RETIRED FEDERAL JUDGES.

The Bankruptcy Amendments and Federal Judgeship Act of 1984 (98 Stat. 333) is amended as follows: (1) section 206 is revised to read as follows: "SEC. 206. Sections 8706(a), 8714a(c)(l), 8714b(c)(l), and 8714c(c)(l) of title 5, United States Code, are amended to insert immediately after the first sentence in each of those sections a new sentence which reads as follows: 'Justices and judges of the United States described in section 8701(a)(5) (ii) and (iii) of this chapter are deemed to continue in active employment for purposes of this chapter.'."; and (2) section 207 is revised to read as follows: "SEC. 207. The amendments to chapter 87 of title 5, United States Code, made by section 206 of this Act shall apply in the case of any justice or judge who is retired under section 371(a) or 371(b) or 372(a) of title 28, United States Code. The amendments apply to those who retire on or after January 1, 1982.". Approved June 19, 1986.

LEGISLATIVE HISTORY—H.R. 3570: HOUSE REPORT: No. 99-423, Pt. 1 (Comm. on the Judiciary). CONGRESSIONAL RECORD: Vol. 131 (1985): Dec. 16, considered and passed House. Vol. 132 (1986): Apr. 11, considered and passed Senate, amended. May 22, House agreed to Senate amendments.

28 USC 151 note. 5 USC 8714a.

5 USC 8706 note. 5 USC 8714b. 5 USC 8701 et seq.

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 100 STAT. 640

PUBLIC LAW 99-337—JUNE 19, 1986

Public Law 99-337 99th Congress Joint Resolution June 19, 1986 [H.J. Res. 131]

To designate the week beginning June 15, 1986, as "National Safety in the Workplace Week".

Whereas the National Safety Council statistics indicate that workplace accidents accounted for eleven thousand three hundred employee deaths and one million nine hundred thousand employee injuries during 1983; Whereas said accidents caused immeasurable pain and suffering to victims and their families; Whereas the cost of occupational accidents amounted to over $33,400,000,000 in losses to American industry during 1983; Whereas the American Society of Safety Engineers and other safety and health organizations continue to promote occupational safety in all industries; Whereas occupational safety and health organizations will be calling attention to the seriousness and magnitude of this problem through appropriate activities; and Whereas this endeavor is worthy of our support and cooperation so that we may reduce the toll of workplace injuries and deaths: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the President is authorized and requested to issue a proclamation designating the week beginning June 15, 1986, as "National Safety in the Workplace Week" commemorating the efforts of those organizations to promote safety and health for the American workers, and calling upon all Government agencies and the people of the United States to observe the week with appropriate programs, ceremonies, and activities. Approved June 19, 1986.

LEGISLATIVE HISTORY—H.J. Res. 131: CONGRESSIONAL RECORD, Vol. 132 (1986): June 11, considered and passed House. June 13, considered and passed Senate.

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100 STAT. 641

Public Law 99-338 99th Congress Joint Resolution To authorize the continued use of certain lands within the Sequoia National Park by portions of an existing hydroelectric project.

June 19, 1986 [H.J. Res. 382]

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the California. Interior is hereby authorized to issue a permit for ten years, and i^^Y^ ^^^"^ may issue not more than one renewal of equivalent duration, for note. portions of an existing hydroelectric project, known as the Kaweah Project of Southern California Edison Company, to continue to occupy and use lands of the United States within Sequoia National Park as necessary for continued operation and maintenance. SEC. 2. The Secretary shall not execute any permit renewal prior to one hundred and twenty calendar days from the date the same is submitted to the Committee on Energy and Natural Resources of the United States Senate and to the Committee on Interior and Insular Affairs of the United States House of Representatives. SEC, 3. The permit shall contain a provision prohibiting expansion of the Kaweah Project in Sequoia National Park and shall also contain such other terms and conditions as the Secretary of the Interior shall deem necessary and proper for the management and care of Sequoia National Park and the purposes for which it was established. Approved June 19, 1986.

LEGISLATIVE HISTORY—H.J. Res. 382: HOUSE REPORT No. 99-370 (Comm. on Interior and Insular Affairs). SENATE REPORT No. 99-237 (Comm. on Energy and Natural Resources). CONGRESSIONAL EECORD: Vol. 181 (1985): Nov. 14, considered and passed House. Vol. 132 (1986): May 21, considered and passed Senate, amended. June 9, House concurred in Senate amendments.

71_19A 0 - 89 - 23: (X 3 Parti

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 100 STAT. 642

PUBLIC LAW 99-339—JUNE 19, 1986

Public Law 99-339 99th Congress

<*if

An Act June 19, 1986 [S. 124] Safe Drinking Water Act Amendments of 1986. Pollution. 42 USC 201 note.

To amend the Safe Drinking Water Act.

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 "Safe Drinking Water Act Amendments of 1986". TABLE OF CONTENTS Sec. 1. Short title. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec.

101. 102. 103. 104. 105. 106. 107. 108. 109.

TITLE I—PUBLIC WATER SYSTEMS National primary drinking water regulations. Enforcement of regulations. Public notification. Variances. Exemptions. Monitoring for unregulated contaminants. Technical assistance for small systems. Tampering with public water systems. Lead free drinking water.

TITLE II—PROTECTION OF UNDERGROUND SOURCES OF DRINKING WATER Sec. 201. Restrictions on underground injection of hazardous waste and regulation of State programs. Sec. 202. Enforcement. Sec. 203. Sole source aquifer demonstration program. Sec. 204. Emergency powers. Sec. 205. State programs to establish wellhead protection areas. Sec. Sec. Sec. Sec.

301. 302. 303. 304.

TITLE III—GENERAL PROVISIONS Authorization of appropriations. Indian tribes. Judicial review. Miscellaneous provisions.

TITLE I—PUBLIC WATER SYSTEMS SEC. lOL NATIONAL PRIMARY DRINKING WATER REGULATIONS. 42 USC 300g-l. Effective date.

(a) SIMPLIFICATION OF STATUTORY SYSTEM.—Section 1412(a) of the Safe Drinking Water Act (title XIV of the Public Health Service Act; 42 U.S.C. 300f and following) is amended to read as follows: "(a)(1) Effective on the enactment of the Safe Drinking Water Act Amendments of 1986, each national interim or revised primary drinking water regulation promulgated under this section before such enactment shall be deemed to be a national primary drinking water regulation under subsection (b). No such regulation shall be required to comply with the standards set forth in subsection (b)(4) unless such regulation is amended to establish a different maximum contaminant level after the enactment of such amendments. •ioV

i^l-fV

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100 STAT. 643

"(2) After the enactment of the Safe Drinking Water Act Amendments of 1986 each recommended maximum contaminant level published before the enactment of such amendments shall be treated as a maximum contaminant level goal. "(3) Whenever a national primary drinking water regulation is proposed under paragraph (1), (2), or (3) of subsection (b) for any contaminant, the maximum contaminant level goal for such contaminant shall be proposed simultaneously. Whenever a national primary drinking water regulation is promulgated under paragraph (1), (2), or (3) of subsection (b) for any contaminant, the maximum contaminant level goal for such contaminant shall be published simultaneously. "(4) Paragraph (3) shall not apply to any recommended maximum contaminant level published before the enactment of the Safe Drinking Water Act Amendments of 1986.". (b)

STANDARD

SETTING

SCHEDULES

AND DEADLINES.—Section

1412(b) of the Safe Drinking Water Act is amended by striking paragraphs (1), (2), and (3), and inserting in lieu thereof the following: "(1) In the case of those contaminants listed in the Advance Notice of Proposed Rulemaking published in volume 47, Federal Register, page 9352, and in volume 48, Federal Register, page 45502, the Administrator shall publish maximum contaminant level goals and promulgate national primaf y drinking water regulations— "(A) not later than 12 months after the enactment of the Safe Drinking Water Act Amendments of 1986 for not less than 9 of those listed contaminants; "(B) not later than 24 months after such enactment for not less than 40 of those listed contaminants; and "(C) not later than 36 months after such enactment for the remainder of such listed contaminants. . "(2)(A) If the Administrator identifies a drinking water contaminant the regulation of which, in the judgment of the Administrator, is more likely to be protective of public health (taking into account the schedule for regulation under paragraph (1)) than a contaminant referred to in paragraph (1), the Administrator may publish a maximum contaminant level goal and promulgate a national primary drinking water regulation for such identified contaminant in lieu of regulating the contaminant referred to in such paragraph. There may be no more than 7 contaminants in paragraph (1) for which substitutions may be made. Regulation of a contaminant identified under this paragraph shall be in accordance with the schedule applicable to the contaminant for which the substitution is made. "(B) If the Administrator identifies one or more contaminants for substitution under this paragraph, the Administrator shall publish in the Federal Register not later than one year after the enactment of the Safe Drinking Water Act Amendments of 1986 a list of contaminants proposed for substitution, the contaminants referred to in paragraph (1) for which substitutions are to be made, and the basis for the judgment that regulation of such proposed substitute contaminants is more likely to be protective of public health (taking into account the schedule for regulation under such paragraph). Following a period of 60 days for public comment, the Administrator shall publish in the Federal Register a final list of contaminants to be substituted and contaminants referred to in paragraph (1) for

42 USC 300g-l.

iiJ

Federal Register, ^ ^^^ ^°"'

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 100 STAT. 644

Health and medical care.

42 USC 9601. 7 USC 136 note.

Health and medical care.

PUBLIC LAW 99-339—JUNE 19, 1986 which substitutions are to be made, together with responses to significant comments. "(C) Any contaminant referred to in paragraph (1) for which a substitution is made, pursuant to subparagraph (A) of this paragraph, shall be included on the priority list to be published by the Administrator not later than January 1, 1988, pursuant to paragraph (3)(A). "(D) The Administrator's decision to regulate a contaminant identified pursuant to this paragraph in lieu of a contaminant referred to in paragraph (1) shall not be subject to judicial review. "(3)(A) The Administrator shall publish maximum contaminant level goals and promulgate national primary drinking water regulations for each contaminant (other than a contaminant referred to in paragraph (1) or (2) for which a national primary drinking water regulation was promulgated) which, in the judgment of the Administrator, may have any adverse effect on the health of persons and which is known or anticipated to occur in public water systems. Not later than January 1, 1988, and at 3 year intervals thereafter, the Administrator shall publish a list of contaminants which are known or anticipated to occur in public water systems and which may require regulation under this Act. "(B) For the purpose of establishing the list under subparagraph (A), the Administrator shall form an advisory working group including members from the National Toxicology Program and the Environmental Protection Agency's Offices of Drinking Water, Pesticides, Toxic Substances, Ground Water, Solid Waste and Emergency Response and any others the Administrator deems appropriate. The Administrator's consideration of priorities shall include, but not be limited to, substances referred to in section 101(14) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, and substances registered as pesticides under the Federal Insecticide, Fungicide, and Rodenticide Act. "(C) Not later than 24 months after the listing of contaminants under subparagraph (A), the Administrator shall publish proposed maximum contaminant level goals and national primary drinking water regulations for not less than 25 contaminants from the list established under subparagraph (A). "(D) Not later than 36 months after the listing of contaminants under subparagraph (A), the Administrator shall publish a maximum contaminant goal and promulgate a national primary drinking water regulation for those contaminants for which proposed maximum contaminant level goals and proposed national primary drinking water regulations were published under subparagraph (C). "(4) Each maximum contaminant level goal established under this subsection shall be set at the level at which no known or anticipated adverse effects on the health of persons occur and which allows an adequate margin of safety. Each national primary drinking water regulation for a contaminant for which a maximum contaminant level goal is established under this subsection shall specify a maximum level for such contaminant which is as close to the maximum contaminant level goal as is feasible. "(5) For the purposes of this subsection, the term 'feasible' means feasible with the use of the best technology, treatment techniques and other means which the Administrator finds, after examination for efficacy under field conditions and not solely under laboratory conditions, are available (taking cost into consideration). For the purpose of paragraph (4), granular activated carbon is feasible for

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Page:Dictionary of National Biography volume 44.djvu/45

  Collections of John Milton, 1743, pp. 6, 7; Pike's Ancient Meeting-Houses, pp. 34, 35; Wood's Condensed Hist. of the General Baptists, 1847, p. 113; The Doctrine of Baptism, at Dr. Williams's Library, Gordon Square.]  PATIN, WILLIAM (fl. 1548–1580), historian. [See .]

PATMORE, PETER GEORGE (1786–1855), author, son of Peter Patmore, a dealer in plate and jewellery, was born in his father's house on Ludgate Hill in 1786. His mother was a daughter of the German painter Baeckermann, several of whose portraits are preserved in Hampton Court Palace. Patmore declined at an early age to accede to his father's wish that he should follow his own business. He adopted literature as a profession, became the intimate friend of William Hazlitt and Charles Lamb, and an active journalist and writer in London. In literary circles he was best known in connection with the ‘New Monthly Magazine,’ of which he was editor from Theodore Hook's death in 1841 until the periodical was acquired by W. Harrison Ainsworth in 1853. Patmore was also a frequent contributor to the ‘Liberal,’ the ‘Westminster,’ and ‘Retrospective’ reviews, and to ‘Blackwood’ and the ‘London’ and ‘Monthly’ magazines in their early and best days. Several of Lamb's most characteristic letters were addressed to him, as were also the curious epistles subsequently collected by Hazlitt under the title of the ‘Liber Amoris.’ Patmore's two best-known works were: 1. ‘Imitations of Celebrated Authors, or imaginary Rejected Articles,’ London, 1826, 8vo; a fourth edition appeared in 1844, with the title slightly modified and humorous preface omitted. The authors imitated were: Elia, Cobbett, Byron, White, Horace and James Smith, William Hazlitt, Jeffrey, and Leigh Hunt. 2. ‘My Friends and Acquaintances, being memorials, mind-portraits, and personal recollections of deceased celebrities of the nineteenth century, with selections from their unpublished letters,’ London, 3 vols. 8vo, 1854. These gossiping volumes were filled with personal notabilia concerning Lamb, Campbell, Lady Blessington, R. Plumer Ward, H. and J. Smith, Hazlitt, Laman Blanchard, R. B. and Thomas Sheridan; and the critics of 1854 (especially in the ‘Athenæum’ and ‘North British Review,’ May 1855) rebuked the author severely for their triviality and inconsequence; while the fact that the praise so freely accorded to R. Plumer Ward was absolutely withheld from Campbell elicited a storm of comment in a correspondence which ran in the ‘Athenæum’ for several months. Of the remainder of Patmore's works (several of which were issued anonymously and are difficult to trace) the more important were: 3. ‘Sir Thomas Laurence's Cabinet of Gems, with Biographical and Descriptive Memorials,’ 1837, fol. 4. ‘Chatsworth, or the Romance of a Week,’ 1844, 8vo. 5. ‘Marriage in Mayfair,’ a comedy, 1854, 8vo. He also wrote ‘The Mirror of the Months,’ 1826, 8vo, and ‘Finden's Gallery of Beauty, or the Court of Queen Victoria,’ 1844, 8vo. Patmore died near Hampstead on 19 Dec. 1855, aged 69. He married Miss Eliza Robertson, and left, with other issue, Mr. Coventry Patmore, author of ‘The Angel in the House.’

[Gent. Mag. 1856, i. 206; Allibone's Dict. of English Literature; Lamb's Correspondence, ed. Ainger; Hazlitt's Liber Amoris, ed. Le Gallienne; Times, 23 Nov. 1892; Brit. Mus. Cat.; private information.]  PATON, ANDREW ARCHIBALD (1811–1874), author and diplomatist, son of Andrew Paton, saddler and government contractor, and Anne Gilchrist, his wife, was born at 75 Broughton Street, Edinburgh, on 19 March 1811 (Edinburgh Parish Registers). At the age of twenty-five he landed at Naples, and walked thence, with staff and knapsack, to Vienna. Thereafter travelling up and down among the Eastern European states, and also in Syria and Egypt, he acquired an accurate and extensive insight into the manners, customs, and political life of the East, which, with descriptions of the countries themselves, he communicated to the public in an interesting series of books. In 1839–1840 he acted as private secretary to Colonel (afterwards Sir) George Hodges in Egypt, and was afterwards attached to the political department of the British staff in Syria under Colonel Hugh Henry Rose (afterwards Baron Strathnairn) [q. v.], and was allowed the rank of deputy assistant-quartermaster-general. In 1843 he was appointed acting consul-general in Servia, and in 1846 was unofficially employed by Sir Robert Gordon, then ambassador at Vienna, to examine and report upon the ports belonging to Austria in the Adriatic. In 1858 he became vice-consul at Missolonghi in Greece, but in the following year was transferred to Lubeck, and was on 12 May 1862 appointed consul at Ragusa and at Bocca di Cattaro. He died on 5 April 1874. He married Eliza Calvert, and had issue.

His works were: 1. ‘The Modern Syrians, by an Oriental Student,’ 8vo, London, 1844. 2. ‘Servia, or a Residence in Belgrade, &c., in 1843–4,’ 8vo, 1845; 2nd edition, 1855. 3. ‘Highlands and Islands of the Adriatic,’