text:
Page:United States Statutes at Large Volume 100 Part 1.djvu/454

 100 STAT. 418

PUBLIC LAW 99-294—MAY 12, 1986

Public Law 99-294 99th Congress il May 12, 1986 [H.R. 1116] Garrison Diversion Unit Reformulation Act of 1986. Water. North Dakota. Research and development.

36 Stat. 2448.

Agriculture and agricultural commodities.

43 USC 371 notes.

An Act til

To implement certain recommendations made pursuant to Public Law 98-360.

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

The first section of the Act of August 5, 1965 (Public Law 89-108, 79 Stat. 433) is amended by striking out "That" and all that follows down through the period at the end of such section and substituting: "SECTION 1. (a) The Congress declares that the purposes of this Act are to: "(1) implement the recommendations of the Garrison Diver• sion Unit Commission Final Report (dated December 20, 1984) in the manner specified by this Act; "(2) meet the water needs of the State of North Dakota, including municipal, rural and industrial water needs, as identified in the Garrison Diversion Unit Commission Final Report; "(3) minimize the environmental impacts associated with the construction and operation of the Garrison Diversion Unit; "(4) assist the United States in meeting its responsibilities under the Boundary Waters Treaty of 1909; "(5) assure more timely repayment of Federal funds expended for the Garrison Diversion Unit; "(6) preserve any existing rights of the State of North Dakota to use water from the Missouri River; and "(7) offset the loss of farmland within the State of North Dakota resulting from the construction of major features of the Pick-Sloan Missouri Basin Program, by means of a federallyassisted water resource development project providing irrigation for 130,940 acres of land. "(b) The Secretary of the Interior (hereafter referred to as "the Secretary") is authorized to plan and construct a multi-purpose water resource development project within the State of North Dakota providing for the irrigation of 130,940 acres, municipal, rural, and industrial water, fish and wildlife conservation and development, recreation, flood control, and other project purposes in accordance with the Federal reclamation laws (Act of June 17, 1902, 32 Stat. 388, and Acts amendatory thereof and supplementary thereto) and substantially in accordance with the plans set out in the Garrison Diversion Unit Commission Final Report dated December 20, 1984. "(c) Nothing in this Act is intended, nor shall be construed, to preclude the State of North Dakota from seeking Congressional authorization to plan, design, and construct additional Federallyassisted water resource development projects in the future. "(d) Nothing in this Act shall be deemed to diminish the quantity of water from the Missouri River which the State of North Dakota may beneficially use, pursuant to any right or rights it may have . ^-i

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Page:United States Statutes at Large Volume 100 Part 1.djvu/455

 PUBLIC LAW 99-294—MAY 12, 1986

100 STAT. 419

under Federal law existing immediately before the date of enactment of this Act and consistent with the treaty obligations of the United States. "(e) The authorization for all features of the Missouri-Souris Unit of the Pick-Sloan Missouri Basin Program located in the State of North Dakota, heretofore authorized in section 9 of the Flood Control Act of December 22, 1944 (58 Stat. 891), for which no funds have been appropriated for construction, and which are not authorized for construction by this Act, is hereby terminated, and sections 1 and 6 of the Act of August 5, 1965 (Public Law 89-108, 79 Stat. 433) are hereby repealed. "(f) In implementing the provisions of this Act, the Secretary is directed to construct all supply works to the capacity identified in the Garrison Diversion Unit Commission Final Report, except that the Secretary is directed to construct the James River Feeder Canal to a capacity of no more than 450 cubic feet per second, and the Sykeston Canal to the capacity specified in section 8(a)(1) of this Act.

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Post, p. 423.

"(g) Where features constructed by the Secretary are no longer used to full capacity pursuant to the recommendations of the Garrison Diversion Unit Commission Final Report, that portion of the Secretary's investment attributable to the construction of such unused capacity shall be nonreimbursable.". SEC. 2. FISH AND WILDLIFE.

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Section 2 of the Act of August 5, 1965 (Public Law 89-108, 79 Stat. ' ' ' ^' 433) is amended by adding the following new subsections at the end thereof: "(i) Notwithstanding any other provisions of this section, the mitigation for fish and wildlife losses incurred as a result of construction of the project shall be on an acre-for-acre basis, based on ecological equivalency, concurrent with project construction. "(j) The Secretary is directed to implement the provisions of the Conservation. Garrison Diversion Unit Commission Final Report with respect to fish and wildlife conservation, including habitat impacts, mitigation procedures, and enhancement, except for the following: "(1) The Secretary shall take no action to alter the status of Sheyenne Lake National Wildlife Refuge prior to the completion of construction of Lonetree Dam and Reservoir. "(2) Development and implementation of the mitigation and i enhancement plan for fish and wildlife resources impacted by construction and operation of the Garrison Diversion Unit shall not be limited by the cost constraints based on estimates contained in the Garrison Diversion Unit Commission Final Report. "(3) Credit toward mitigation recommended by the Garrison Diversion Unit Commission Final Report for reservoir sites is not authorized.". SEC. 3. IRRIGATION FACILITIES.

Section 5 of the Act of August 5, 1965 (Public Law 89-108, 79 Stat. 433) is amended to read as follows: "SEC. 5. (a)(1) Subject to the provisions of subsection (a)(2) of this section, the Secretary is authorized to develop irrigation in the following project service areas: Turtle Lake (13,700 acres), McClusky Canal (4,000 acres), Lincoln Valley (6,515 acres), Harvey Pumping (2,000 acres). New Rockford (20,935 acres). New Rockford Canal

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license: Creative Commons - Attribution Share-Alike - https://creativecommons.org/licenses/by-sa/4.0/


text:
Page:United States Statutes at Large Volume 100 Part 1.djvu/456

 100 STAT. 420

Post, p. 422. Reports. South Dakota.

National Wildlife Refuge System.

PUBLIC LAW 99-294—MAY 12, 1986

(1,200 acres), LaMoure (13,350 acres), West Oakes Extension (4,000 acres), and West Oakes (19,660 acres). The Secretary is prohibited from developing irrigation in these areas in excess of the acreage specified herein, except that the Secretary is authorized and directed to develop up to 28,000 acres of irrigation in other areas in North Dakota, not located in the Hudson Bay, Devils Lake, or James River drainage basins. "(2) The Secretary is prohibited from obligating any funds for construction of irrigation service facilities in the areas listed in subsection (a)(1) of this section prior to September 30, 1990. After that date, the Secretary may obligate funds only after completing and submitting to the Congress, the report required by section 5(c) of this Act. "(b)(1) The Secretary may not commence construction of the Sykeston Canal, the James River Feeder Canal, and James River channel improvements until 60 days after the report required by section 5(c) of this Act has been completed and submitted to the Congress. "(2) The Secretary is directed to proceed immediately with the construction of— "(A) the New Rockford Canal; "(B) the Oakes Test Area; and "(C) project features authorized in section 7 of this Act. "(c)(1) The Secretary is directed to submit a comprehensive report to the Congress as soon as practicable, but not later than the end of fiscal year 1988 on the effects on the James River in North Dakota and South Dakota of water resource development proposals recommended by the Garrison Diversion Unit Commission and authorized in this Act. The report shall include the findings of the Secretary with regard to: "(A) the feasibility of using the Oakes Aquifer as a water storage and recharge facility, and an evaluation of the need for offstream regulatory storage in the lower James River basin; "(B) the capability of the river to handle irrigation return flows, project water supplies, and natural runoff without causing flooding, property damage, or damage to wildlife areas, and mechanisms or procedures for compensation or reimbursement of affected landowners for damages from project operation; "(C) the impacts of Garrison Diversion Unit irrigation return flows on the river and on adjacent riverine wetland areas and components of the National Wildlife Refuge System, with regard to water quantity, water quality, and fish and wildlife values; "(D) the need for channelization of the James River under the irrigation and municipal, rural, and industrial water development programs authorized by this Act; "(E) the cost and efficiency of measures required to guarantee that irrigation return flows from the New Rockford (Robinson Coulee) irrigation service areas will not enter the Hudson Bay drainage and the impact these return flows will have on the James River; "(F) the feasibility of conveying project flows into the lower James River via Pipestem Creek; and "(G) alternative management plans for operation of Jamestown and Pipestem Reservoirs to minimize impacts on the lower James River.

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Page:United States Statutes at Large Volume 100 Part 1.djvu/457

 PUBLIC LAW 99-294—MAY 12, 1986 "(2) The costs of the study authorized by this subsection shall be nonreimbursable. "(3) The study authorized by this subsection shall be carried out in accordance with the requirements of the National Environmental Policy Act. "(d) The Secretary is prohibited from obligating funds to construct irrigation facilities in the service areas listed in subsection (a)(1) until a contract or contracts, in a form approved by the Secretary, providing for the appropriate payment of the costs allocated to irrigation have been properly executed by a district or districts organized under State law. Such contract or contracts shall be consistent with the requirements of the Reclamation Reform Act of 1982 (title II, Public Law 97-293, 96 Stat. 1263). "(e) The Secretary is authorized to develop irrigation in the following project service areas within the boundaries of the Fort Berthold and Standing Rock Indian Reservations: Lucky Mound (7,700 acres). Upper Six Mile Creek (7,500 acres), and Fort Yates (2,380 acres), except that, no funds are authorized to be appropriated for construction of these projects until the Secretary has made a finding of irrigability of the lands to receive water as required by the Act of July 31, 1953 (67 Stat. 266; 43 U.S.C. 390a). Repayment for the units authorized under this subsection shall be made pursuant to the Leavitt Act (25 U.S.C. 386a). "(f) The Secretary shall not permit the use of project facilities for non-project drainage not included in project design or required for project operations.".

100 STAT. 421

42 USC 4321 note, Contracts,

43 USC 390aa.

SEC. 4. POWER.

Section 6 of the Act of August 5, 1965 (Public Law 89-108, 79 Stat. 433) is amended to read as follows: "SEC. 6. (a) Municipal, rural, and industrial water systems constructed with funds authorized by section 7 of this Act shall utilize power from the Pick-Sloan Missouri Basin Program, as established by section 9 of the Flood Control Act of 1944 (Act of December 22, 1944), for the operation of such systems. 58 Stat. 891. "(b) Notwithstanding the provisions of section 302(a)(3) of the Department of Energy Organization Act (42 U.S.C 7152(a)(3)), any portion of the costs properly chargeable to irrigation for the Garrison Diversion Unit which are beyond the ability of water users to repay as authorized by Reclamation law may be repaid from power revenues, except repayment of investment in irrigation for the Garrison Diversion Unit made after the date of enactment of this Act may not exceed forty years from the year in which irrigation water is first delivered for use by the contracting party and shall be made in equal annual installments. "(c) Pursuant to the provisions of the last sentence of section 302(a)(3) of the Department of Energy Organization Act of 1978 (42 U.S.C. 7152(a)(3)), any reallocation of costs to project purposes other than irrigation as a result of section 1(e) of this Act shall not result in increased rates to Pick-Sloan Missouri Basin Program customers unless: (1) full use has been made of the current development method of ratesetting in analyzing the repayment status and cost allocations for the Garrison Diversion Unit and (2) the resulting rate increase, if any, is made in equal amounts over the ten year period beginning on the date of any such reallocation pursuant to this Act. Costs reallocated to project purposes other than irrigation as a result of section 1(e) of this Act shall be repaid, if reimbursable, with

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Page:United States Statutes at Large Volume 100 Part 1.djvu/458

 100 STAT. 422

M

PUBLIC LAW 99-294—MAY 12, 1986

interest at the rate specified in section 4(b) of this Act beginning on the date of any such reallocation without retroactive interest. Nothing in this Act shall alter or affect in any way the current repayment methodology for other features of the Pick-Sloan Missouri Basin Program.". SEC. 5. MUNICIPAL. RURAL. AND INDUSTRIAL WATER SERVICE.

Contracts.

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36 Stat. 2448.

The Act of August 5, 1965 (Public Law 89-108, 79 Stat. 433) is amended by adding the following new section at the end thereof: "SEC. 7. (a)(1) The Secretary of the Interior is authorized to construct municipal, rural, and industrial water systems to serve areas throughout the State of North Dakota. "(2) All planning, design, construction and operation of the municipal, rural, and industrial water systems authorized by this section shall be undertaken in accordance with a cooperative agreement between the Secretary and the State of North Dakota. Such cooperative agreement shall set forth in a manner acceptable to the Secretary the responsibilities of the State for: "(A) needs assessments; "(B) feasibility studies; , ^ ';. . ^ "(C) engineering and design; • ' irii-- "(D) construction; "(E) operation and maintenance; and "(F) the administration of contracts pertaining to any of the foregoing. "(3) Upon execution of the cooperative agreement required under this subsection, the Secretary is authorized to convey to the State of North Dakota, on a nonreimbursable basis, the funds authorized in section 10(b)(1) of this Act. The non-Federal share of the total cost of construction of each water system for which the State of North Dakota receives funding pursuant to this section shall be 25 percent, committed prior to the initiation of construction. The non-Federal share of the cost of operation, maintenance, and replacement of each municipal, rural, and industrial water system funded by this section shall be 100 percent. The Southwest Pipeline Project shall be deemed to be eligible for funding under the terms of this section. "(h) The Secretary is authorized and directed to construct, operate, and maintain a Sheyenne River water supply and release feature (including a water treatment plant) capable of delivering 100 cubic feet per second of water for the cities of Fargo and Grand Forks and surrounding communities. The costs of the construction, operation, maintenance, and replacement of this feature, exclusive of conveyance, shall be nonreimbursable and deemed attributable to meeting requirements of the Boundary Waters Treaty of 1909. "(c) The Secretary is authorized and directed to construct, operate, and maintain such municipal, rural, and industrial water systems as he deems necessary to meet the economic, public health and environmental needs of the Fort Berthold, Standing Rock, and Fort Totten Indian Reservations. "(d) Municipal, rural, and industrial water systems constructed with funds authorized under this Act may deliver Missouri River water into the Hudson Bay drainage only after the Secretary of the Interior, in consultation with the Secretary of State and the Administrator of the Environmental Protection Agency, has determined that adequate treatment has been provided to meet the requirements of the Boundary Waters Treaty of 1909.".

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Page:United States Statutes at Large Volume 100 Part 1.djvu/459

 PUBLIC LAW 99-294—MAY 12, 1986

100 STAT. 423

SEC. 6. SPECIFIC FEATURES.

The Act of August 5, 1965 (Public Law 89-108, 79 Stat. 443) is amended by adding the following new section at the end thereof: "SEC. 8. (a)(1) In accordance with the recommendations of the Garrison Diversion Unit Commission Final Report and section 1 of this Act, the Sykeston Canal shall be constructed as a functional replacement for the Lonetree Dam and Reservoir. The Sykeston Canal shall be designed and constructed to meet only the water delivery requirements of the irrigation areas and municipal, rural, and industrial water supply needs authorized in this Act. The Sykeston Canal shall be located, constructed, and operated so that, in the opinion of the Secretaries of the Interior and State, no violation of the Boundary Waters Treaty of 1909 would result. The Secretary may not commence construction on the Sykeston Canal until a master repayment contract consistent with the provisions of this Act between the Secretary and the appropriate non-Federal entity has been executed. "(2) The Lonetree Dam and Reservoir shall remain an authorized feature of the Garrison Diversion Unit; however, construction funds may be requested by the Secretary for Lonetree Dam and Reservoir only after: "(A) the Secretary has determined that there is a need for the dam and reservoir based on a contemporary appraisal using procedures such as those employed in the preparation of feasibility studies for water resources development projects submitted to Congress; "(B) consultations with the Government of Canada have reached a conclusion satisfactory to the Secretary of State, after consultation with the Administrator of the Environmental Protection Agency, that no violation of the Boundary Waters Treaty of 1909 would result from the construction and operation of the dam and reservoir; and "(C) the Secretaries of the Interior and State have submitted the determinations required by subparagraphs (A) and (B) above to the Congress and 90 calendar days have elapsed. "(b) Taayer Reservoir is deauthorized as a project feature. The Secretary is directed to acquire up to 5,000 acres in the Kraft and Pickell Slough areas and to manage the area as a component of the National Wildlife Refuge System giving consideration to the unique wildlife values of the area. In acquiring the lands which comprise the Kraft and Pickell Slough complex, the Secretary is authorized to acquire wetlands in the immediate vicinity which may be hydrologically related and nearby uplands as may be necessary to provide for proper management of the complex. The Secretary is also authorized to provide for appropriate visitor access and control at the refuge.".

79 Stat. 433

36 Stat. 2448.

Canada.

National Wildlife Refuge System.

SEC. 7. EXCESS CROPS.

The Act of August 5, 1965 (Public Law 89-108, 79 Stat. 433), is Marketing. amended by adding the following new section at the end thereof: "SEC. 9. Until the construction costs of the facilities authorized in section 5 are repaid, the Secretary is directed to charge a "surplus crop production charge" equal to 10 percent of full cost, as defined in section 202(3)(A)-(C) of the Reclamation Reform Act of 1982 (Public Law 97-293, 96 Stat. 1263), for the delivery of project water used in 43 USC 390bb. the production of any basic agricultural commodity if the total supply of such commodity for the marketing years in which the bulk

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Page:United States Statutes at Large Volume 100 Part 1.djvu/460

 100 STAT. 424 ^.|j, 5ii4

PUBLIC LAW 99-294—MAY 12, 1986

of the crop would normally be marketed is in excess of the normal supply as determined by the Secretary of Agriculture. The Secretary of the Interior shall announce the amount of the surplus crop production charge for the succeeding year on or before July 1 of each year. The surplus crop production charge shall not apply to crops produced in the 5,000 acre Oakes Test Area for research purposes under the direction of the Secretaries of the Interior or Agriculture.". SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

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The Act of August 5, 1965 (Public Law 89-108, 79 Stat. 433) is amended by adding the following new section at the end thereof: "SEC. 10. (a)(1) There are authorized to be appropriated $270,395,000 for carrying out the provisions of section 5(a) through section 5(c) and section 8(a)(1) of this Act. Such sums shall remain available until expended. "(2) There is authorized to be appropriated $67,910,000 for carrying out the provisions of section 5(e) of this Act. Such sums shall remain available until expended. "(b)(1) There is authorized to be appropriated $200,000,000 to carry out the provisions of section 7(a) of this Act. Such sums shall remain available until expended. "(2) There are authorized to be appropriated $61,000,000 to carry out the provisions of section 7(b) through section 7(d) of this Act. Such sums shall remain available until expended. "(c) There is authorized to be appropriated for carrying out the remaining provisions of this Act $80,535,000. No funds are authorized for the construction of the Lonetree Dam and Reservoir. There are also authorized to be appropriated such additional funds as may be necessary for operation and maintenance of the unit. "(d) Any funds previously, appropriated for the Garrison Diversion Unit may be expended to carry out any of the provisions of this Act.". SEC. 9. WETLANDS TRUST.

„ ' • "" '

The Act of August 5, 1965 (Public Law 89-108, 79 Stat. 433) is amended by adding the following new section at the end thereof: "SEC. U. (a) FEDERAL CONTRIBUTIONS.—From the sums appropriated under section 10 of this Act for the Garrison Diversion Unit, the Secretary of the Interior shall make an annual Federal contribution to a Wetlands Trust established by non-Federal interests in accordance with subsection (b), and operated in accordance with subsection (c), of this section. The amount of each such annual contribution shall be as follows: "(1) For fiscal year 1986: $2,000,000. "(2) For each of the fiscal years 1987 through 1990: 3 percent of the total amount appropriated under section 10 of this Act, but not to exceed $500,000 for each such fiscal year. guaarjaM ..(3) PQJ. g^^jj figj.^1 yg^j. ^fi-gj. 1990; 5 percent of the total amount appropriated under section 10 of this Act, but only if a contribution to the Trust equal to 10 percent of all Federal contributions is provided or contracted for by the State of North Dakota from non-Federal funds. The contributions of the State dii »r;';; si of North Dakota may be paid to the Trust in such amounts and in such manner as may be agreed upon by the Governor and the Secretary.

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Page:United States Statutes at Large Volume 100 Part 1.djvu/461

 PUBLIC LAW 99-294—MAY 12, 1986

100 STAT. 425

"(4) The total Federal contribution pursuant to this Act shall not exceed $12,000,000. "(b) STRUCTURE OF THE TRUST.—A Wetlands Trust shall be eligible to receive Federal contributions pursuant to subsection (a) if it complies with each of the following requirements: "(1) The Trust is established by non-Federal interests as a non-profit corporation under the laws of North Dakota with its principal office in North Dakota. "(2) The Trust is under the direction of a Board of Directors which has the power to manage all affairs of the corporation, including administration, data collection, and implementation of the purposes of the Trust. "(3) The Board of Directors of the Trust is comprised of 6 persons appointed as follows, each for a term of 2 years: "(A) 3 persons appointed by the Governor of North Dakota. "(B) 1 person appointed by the National Audubon Society. E" "(C) 1 person appointed by the National Wildlife Federation. "(D) 1 person appointed by the North Dakota Chapter of the Wildlife Society. Vacancies on the board are filled in the manner in which the original appointments were made. Any member of the Board of Directors is eligible for reappointment for successive terms. Any member appointed to fill a vacancy occurring before the expiration of the term for which his or her predecessor was appointed is appointed only for the remainder of such term. A member may serve after the expiration of his or her term until his or her successor has taken office. "(4) Members of the Board of Directors serve without compensation. "(5) The corporate purposes of the Trust are to preserve, enhance, restore, and manage wetland and associated wildlife habitat in the State of North Dakota. "(c) OPERATIONS OF THE TRUST.—A Wetland Trust established by non-Federal interests as provided in subsection (b) shall be deemed to be operating in accordance with this subsection if, in the opinion of the Secretary, each of the following requirements are met: "(1) The Trust is operated to preserve, enhance, restore, and manage wetlands and associated wildlife habitat in the State of North Dakota in accordance with its corporate purpose as provided in subsection (b)(5). "(2) Pursuant to its corporate charter, the Trust has the authority to exercise each of the following powers: "(A) The power to acquire lands and interests in land and power to acquire water rights. Lands or interests in lands may be acquired by the Trust only with the consent of the owner thereof and with the approval of the Governor of North Dakota. "(B) The power to finance wetland preservation, enhancement, restoration, and management or wetland habitat programs. "(3) All funds received by the Trust under subsection (a) are invested in accordance with the requirements of subsection (d). No part of the principal amount of such funds may be expended for any purpose. The income received by the Trust from the investment of such funds shall be used by the Trust exclusively

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Page:United States Statutes at Large Volume 100 Part 1.djvu/462

 100 STAT. 426

Reports.

PUBLIC LAW 99-294—MAY 12, 1986 ,> for its purposes and operations in accordance with this subsec' tion or, to the extent not required for current operations, reinvested in accordance with subsection (d). "(4) The Trust agrees to provide such reports as may be required by the Secretary or the Governor of North Dakota and makes its records available for audit by Federal and State agencies. "(d) INVESTMENT OF TRUST FUNDS.—The Secretary of the Interior,

in consultation with the Secretary of the Treasury and the Governor of North Dakota, shall establish requirements for the investment of all amounts received by the Trust under subsection (a) or reinvested under subsection (c)(3). Such requirements shall ensure that such amounts are invested in accordance with sound investment principles and shall ensure that persons managing such investments will exercise their fiduciary responsibilities in an appropriate manner.". SEC. 10. SOIL SURVEYS. Hazardous materials.

Section 1 of the Act of July 31, 1953 (67 Stat. 266; 43 U.S.C. 390a) is amended by inserting at the end thereof the following: "Such surveys shall include an investigation of soil characteristics which might result in toxic or hazardous irrigation return flows.". SEC. n. SHORT TITLE.

This Act may be referred to as the 'Garrison Diversion Unit Reformulation Act of 1986". SEC. 12. COMPLIANCE WITH APPROPRIATIONS ACT.

99 Stat. 564.

This Act to reformulate the Garrison Diversion Unit shall be deemed to meet all the time and substance requirements specified in the Fiscal Year 1986 Energy and Water Development Appropriations Act (Public Law 99-141). Approved May 12, 1986.

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LEGISLATIVE HISTORY—H.R. 1116: HOUSE REPORTS: No. 99-525 and Pt. 2 (Comm. on Interior and Insular Affairs). CONGRESSIONAL RECORD, Vol. 132 (1986): Apr. 21, 23, considered and passed House. Apr. 28, considered and passed Senate. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 22 (1986): May 12, Presidential statement.

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Page:United States Statutes at Large Volume 100 Part 1.djvu/463

 PUBLIC LAW 99-295—MAY 12, 1986

100 STAT. 427

Public Law 99-295 99th Congress An Act To provide for the striking of medals to commemorate the Young Astronaut Program.

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

May 12, 1986 [S. 1952] Young Astronaut Program Medal Act.

1. This Act may be cited as the 'Young Astronaut 31 USC 5111 Program Medal Act". note. SECTION

MEDALS

SEC. 2. (a) In commemoration of the Young Astronaut Program and its educational objectives, the Secretary of the Treasury shall strike and deliver to the Young Astronaut Council not more than 750,000 medals with suitable emblems, devices, and inscriptions to be determined by the Secretary after consultation with the Council and the Commission of Fine Arts. (b) The medals, which may be disposed of by the Council at a premium, may be delivered at such times as may be required by the Council in quantities of not less than 2,000, except that no medals shall be struck by the Secretary after December 31, 1987.

31 USC 5111 note.

COSTS

SEC. 3. (a) The Secretary shall cause such medals to be struck and delivered at not less than the cost of manufacturing such medals (including labor, materials, dies, use of machinery, and overhead expenses) plus a surcharge equal to 10 percent of such cost of manufacturing. (b) Security satisfactory to the Director of the Mint shall be furnished to indemnify the United States for full payment of such costs.

31 USC 5111 note.

METAL CONTENT

SEC. 4. The medals authorized to be struck and delivered under this Act shall be struck in gold, silver, and bronze and in such size or sizes as shall be determined by the Secretary in consultation with the Council.

31 USC 5111 note.

NATIONAL MEDALS

SEC. 5. The medals provided for in this Act are national medals for purposes of chapter 51 of title 31, United States Code. EXAMINATION OF RECORDS

31 USC 5111 note. 31 USC 5101 et seq.

SEC. 6. The Comptroller General of the United States shall have Marketing. the right to examine all books, documents, and other records of the 31 USC 5iii Council which are related to the medals authorized under this Act, "° ®

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Page:United States Statutes at Large Volume 100 Part 1.djvu/464

 100 STAT. 428

PUBLIC LAW 99-295—MAY 12, 1986

including all books, documents, and records regarding the marketing of such medals. DEFINITIONS

31 USC 5111 ^°^-

SEC. 7. For purposes of this Act— • ' ^'><^u:^< (1) the term "Council" means the Young Astronaut Council; and (2) the term "Secretary" means the Secretary of the Treasury.

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LEGISLATIVE HISTORY—S. 1952 (H.R. 2578): CONGRESSIONAL RECORD, Vol. 132 (1986): Mar. 27, considered and passed Senate. Apr. 28, H.R. 2578 considered and passed House; proceedings vacated and S. 1952 passed in lieu.

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text:
Page:United States Statutes at Large Volume 100 Part 1.djvu/465

 PUBLIC LAW 99-296—MAY 12, 1986

100 STAT. 429

Public Law 99-296 99th Congress Joint Resolution Designating Patrick Henry's last home and burial place, known as Red Hill, in the Commonwealth of Virginia, as a National Memorial to Patrick Henry.

May 12, 1986 [S.J. Res. 187]

Whereas Patrick Henry was a great orator and leader of the Revolutionary cause in the struggle for independence and in the establishment of a new Government of the United States of America; and Whereas, fifty years ago on August 15, 1935, the Congress authorized establishment of Red Hill, Patrick Henry's last home and burial place, as a national monument in tribute and recognition of his service to his country, and the authorization was repealed in 1944 due to insufficient appropriations during distressful times; and Whereas the Patrick Henry Memorial Foundation in 1944 acquired Red Hill, located in Charlotte County, Virginia, and has both reconstructed his home and restored his original cottage law office and grounds as a shrine and museum, in commemoration of the entire life of Patrick Henry; and Whereas Red Hill is listed on the National Register of Historic Places; and Whereas the Virginia General Assembly, in its 1985 legislative session, has enacted Senate Joint Resolution 82, calling for national recognition and stewardship of Red Hill by the Federal Government; and Whereas Scotchtown, Saint John's Church, and Hanover County Courthouse are designated National Historic Landmarks, due to their historical significance, integrity and representation of key moments of Patrick Henry's revolutionary contributions; and Whereas May 29, 1736, was the birthdate of Patrick Henry, and Scotchtown, Saint John's Church, and Hanover County Courthouse and Red Hill are together planning commemorative activities for the two hundred and fiftieth anniversary of Patrick Henry's birth during 1986; and Whereas it would be appropriate for Congress, as part of the 1986 commemorative activities, to honor for the benefit of present and future generations the entire life of Patrick Henry by a national memorialization of this American Patriot's burial place at Red Hill, where are also preserved his original cottage law office, his reconstructed home, and museum articles depicting his life and work: Now, therefore, be it Resolved by the Senate and House of Representatives of the United 16 USC 431 note. States of America in Congress assembled, That the last home and burial place of Patrick Henry in Charlotte County, Commonwealth of Virginia, known as Red Hill, is hereby designated as a National Memorial to Patrick Henry, and shall be known as: the Red Hill Patrick Henry National Memorial. The Secretary of the Interior is Federal authorized and directed to take appropriate action to assure that Register, this Memorial is announced in the Federal Register, and that Records^""^'

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text:
Author:Rosamund Marriott Watson

Poetry collections

 * Tares: a Book of Verses (1884)
 * The Bird-Bride: a Volume of Ballads and Sonnets (1889)
 * A Summer Night and Other Poems (1891)
 * Vespertilia and Other Verses (1895)
 * The Art of the House (1897)
 * Old Books, Fresh Flowers (1899)
 * An Island Rose (1900)
 * The Patchwork Quilt (1900)
 * After Sunset (1903)
 * The Heart of a Garden (1906)
 * The Lamp and the Lute (1912)
 * The Poems of Rosamund Mariott Watson (1912)

Individual poems

 * I—Requiescat
 * II—The Isle of Voices
 * I—Requiescat
 * II—The Isle of Voices

title: Author:Rosamund Marriott Watson


text:
Page:United States Statutes at Large Volume 100 Part 1.djvu/466

 100 STAT. 430

Decorations, medals, awards,

PUBLIC LAW 99-296—MAY 12, 1986

official records and lists are amended, in due course, to reflect this addition as being included along with other national memorials established by Act of Congress. SEC. 2. The Secretary of the Interior, with the concurrence of the owner of the property, is authorized and directed to place at the gravesite on or by June 6, 1986, the anniversary of Patrick Henry's death, an appropriate plaque or marker bearing an inscription commensurate with the contributions of Patrick Henry to the American Revolution and with the patriotism his words and deeds continue to inspire in all Americans: Provided, That the ownership of Red Hill remains non-Federal, and that the costs of such plaque or marker, and of its inscription and maintenance, as well as the costs of operations and maintenance for the estate shall be borne from non-Federal funds, services, or materials. Approved May 12, 1986.

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HOUSE REPORTS: No. 99-557 (Coram, on Interior and Insular Affairs). SENATE REPORTS: No. 99-183 (Comm. on Energy and Natural Resources). CONGRESSSIONAL RECORD: Vol. 131 (1985): Dec.^, considered and passed Senate. Vol. 132 (1986): Apr.' 28, considered and passed House.

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Author:Toru Dutt

Works

 * A Sheaf Gleaned in French Fields (1876)
 * Ancient Ballads and Legends of Hindustan (1882)
 * The Diary of Mademoiselle D'Arvers tr. N. Kamala from French, 2005 Google Books
 * Toru Dutt's Bianca, Or, The Young Spanish Maiden: The First Novel by an Indian Woman (2001), ed. Shubhendu Mund Google Books (Bengal Magazine serialization, Jan-April, 1878:
 * Toru Dutt: Collected Prose and Poetry (2006), ed. Chandani Lokuge Google Books
 * A Scene from Contemporary History (1875)

Anthologised

 * The Bengali Book of English Verse (1918)
 * Jogadhya Uma
 * The Lotus
 * Our Casuarina Tree
 * Morning Serenade

Works about Toru Dutt

 * Life and Letters of Toru Dutt (1921) by Harihar Das
 * Women of Modern India (Grade V): Toru Dutt, the Begum of Bhopal and the Maharani of Travancore (1938): DLI
 * Making Britain: Toru Dutt: contains detailed booklist: primary, secondary and on her.
 * Toru Dutt (1968) by Padmini Sathianadhan Sengupta Google Books
 * Toru Dutt: A Literary Profile (1998) by Amar Nath Dwivedi Google Books
 * Three Indo-Anglian Poets: Henry Derozio, Toru Dutt and Sarojini Naidu (1987) by K. R. Ramachandran Nair Google Books

title: Author:Toru Dutt


text:
Page:United States Statutes at Large Volume 100 Part 1.djvu/467

 PUBLIC LAW 99-297—MAY 12, 1986 Public Law 99-297 99th Congress

100 STAT. 431

Joint Resolution To designate the week of May 11, 1986, through May 17, 1986, as "National Osteoporosis Awareness Week of 1986".

Whereas 15,000,000 to 20,000,000 individuals in the United States are afflicted with osteoporosis, a degenerative bone condition; Whereas approximately 25 percent of postmenopausal women in the United States develop osteoporosis; Whereas 32 percent of women and 17 percent of men who live to the age of 90 will likely suffer a hip fracture due primarily to osteoporosis; Whereas more than 50,000 older women and many older men die each year in the United States as a result of hip fracture complications; Whereas hip fracture complications often result in loss of independence for older persons; Whereas approximately $6,000,000,000 is expended annually in the United States for health care costs relating to osteoporosis; Whereas osteoporosis is associated with the loss of bone tissue due to lack of estrogen and low calcium intake; Whereas the majority of persons are unaware of the condition of osteoporosis; and Whereas the best treatment for osteoporosis is prevention through education: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the week of May 11, 1986, through May 17, 1986, is designated as "National Osteoporosis Awareness Week of 1986". The President is authorized and requested to issue a proclamation calling upon the people of the United States to observe the week with appropriate programs and activities.

May 12, 1986 [S.J. Res. 285]

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Approved May 12, 1986.

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LEGISLATIVE HISTORY—S.J. Res. 285: CONGRESSIONAL RECORD, Vol. 132 (1986): Mar. 11, considered and passed Senate. Apr. 30, considered and passed House.

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Page:United States Statutes at Large Volume 100 Part 1.djvu/468

 100 STAT. 432

PUBLIC LAW 99-298—MAY 13, 1986

Public Law 99-298 99th Congress

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joH An Act May 13, 1986 [S. 2308]

To authorize the President of the United States to award congressional gold medals to Natan (Anatoly) and Avital Shcharansky in recognition of their dedication to human rights, and to authorize the Secretary of the Treasury to sell bronze duplicates of those medals.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, 31 USC 5111

SECTION 1. FINDINGS.

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31 USC 5111

The Congress finds that (1) Avital Shcharansky and Natan (Anatoly) Shcharansky have displayed immense courage and commitment to the preservation of individual human rights, regarded as among the highest of ideals by the American people; (2) Natan (Anatoly) Shcharansky, a prominent founding member of the Moscow Helsinki Monitoring Group and active spokesman for the human rights denied to Soviet Jews, was ^ unjustly arrested by the Soviet Union in 1977 and imprisoned for almost nine years on the false charges of espionage and ^ treason; _ (3) Natan (Anatoly) Shcharansky, during his lengthy incarceration and isolation, was subjected to ongoing emotional and physical deprivation of the highest magnitude, yet continued to display raw courage and the noblest commitment to his rights as an individual, thereby setting an example for others whose individual freedoms are being denied; (4) freedom is the ideal held most dear by the American people, and Natan (Anatoly) Shcharansky has become a sjnnbol of that love of freedom; (5) Avital Shcharansky, while her husband was kept silent by Soviet prisons and labor camps, waged an indefatigable campaign around the world on behalf of her husband and others similarly treated; (6) Avital Shcharansky's earnest persistence and dedication to the precepts of freedom of thought, word, and deed raised the consciousness of the world while she valiantly worked for her husband's release, thus elevating human rights to a global concern; and (7) their reunion is evidence of the triumph of the human spirit against all adversities.

SEC. 2. CONGRESSIONAL GOLD MEDAL.

(a) AWARD.—The President of the United States is authorized and requested to present, on behalf of the Congress, gold medals to Natan (Anatoly) and Avital Shcharansky in recognition of their supreme dedication and total commitment to the cause of individual human rights and freedoms. (b) DESIGN AND CONSTRUCTION.—For purposes of the presentation referred to in subsection (a), the Secretary of the Treasury (hereafter

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Page:United States Statutes at Large Volume 100 Part 1.djvu/469

 PUBLIC LAW 99-298—MAY 13, 1986

100 STAT. 433

in this Act referred to as the "Secretary") shall cause to be struck two gold medals with suitable emblems, devices, and inscriptions, to be determined by the Secretary. (c) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated not to exceed $30,000 to carry out the provisions of this section. SEC. 3. DUPLICATE MEDALS.

• j 31 USC 5111 note.

(a) CONSTRUCTION AND SALE.—The Secretary may cause duplicates in bronze of the gold medals provided for in section 2 to be coined and sold under regulations prescribed by the Secretary, at a price sufficient to cover the cost of such duplicates and such gold medals, including labor, material, dies, use of machinery, and overhead expenses. (b) REIMBURSEMENT OF APPROPRIATIONS.—Any appropriation made under section 2 shall be reimbursed out of the proceeds of the sales referred to in subsection (a). SEC. 4. N A T I O N A L MEDALS.

The medals provided for in this Act shall be considered to be national medals for purposes of section 5111 of title 31, United States Code. Approved May 13, 1986.

LEGISLATIVE HISTORY—S. 2308 (H.R. 4186): CONGRESSIONAL RECORD, Vol. 132 (1986): May 8, considered and passed Senate. May 12, H.R. 4186 considered and passed House; proceedings vacated and S. 2308 passed in lieu.

31 USC 5111

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Page:United States Statutes at Large Volume 100 Part 1.djvu/470

 100 STAT. 434

PUBLIC LAW 99-299—MAY 13, 1986

Public Law 99-299 99th Congress , ^. ., ^ „. „_, Joint Resolution May 13, 1986 pq y P pq„^

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To designate the month of May 1986 as National Child Safety Month".

Whereas every year untold numbers of children throughout the United States disappear from home; Whereas children who are missing from home are frequently victims of sexual and physical exploitation; Whereas many local volunteer groups are working enthusiastically to promote child safety, but much remains to be done in the effort to fully protect children; Whereas the safety of children should be one of the highest national priorities; and Whereas the designation of a month to commemorate child safety will draw needed attention to the dangers threatening children
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and will help educate communities throughout the country about ^M' the problem and what can be done to help solve it: Now, therefore, belt Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the month of May 1986 is designated as "National Child Safety Month" and the President is authorized and requested to issue a proclamation calling upon the people of the United States to observe such month with appropriate ceremonies and activities. Approved May 13, 1986.

LEGISLATIVE HISTORY—S.J. Res. 293: CONGRESSIONAL RECORD, Vol. 132 (1986): Apr. 22, considered and passed Senate. Apr. 30, considered and passed House.

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Page:United States Statutes at Large Volume 100 Part 1.djvu/471

 PUBLIC LAW 99-300—MAY 14, 1986 Public Law 99-300 99th Congress

100 STAT. 435

An Act

To release restrictions on certain property located in Calcasieu Parish, Louisiana, and for other purposes.

May 14, 1986 [H.R. 4022]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, (a) The United States hereby releases, without monetary consider- Real property. ation, all restrictions, conditions, and limitations on the use, encumbrance, or conveyance of certain lands located in Calcasieu Parish, Louisiana, as identified as Item Numbers 2, 4, 5, 6, 7-B, 8, 9, X, Y, Z, and Tract 7 on the map entitled "Plat of Restricted Properties/ Former Chenault Airbase, Lake Charles, Louisiana", dated December 6, 1985, to the extent such restrictions, conditions and limitations are enforceable by the United States: Provided, That the United States shall have the right of access to, or use of, those lands identified on said map for national defense purposes in time of war or national emergency. (b) Nothing in this Act shall affect the disposition or ownership of Natural gas. oil, gas, or other mineral resources associated with lands identified Petroleum and ,?

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on the map referenced m subsection (a). Approved May 14, 1986.

LEGISLATIVE HISTORY—H.R. 4022 (S. 2031): HOUSE REPORTS: No. 99-540 (Comm. on Interior and Insular Affairs). CONGRESSSIONAL RECORD, Vol. 132 (1986): Apr. 21, considered and passed House. May 1, considered and passed Senate.

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Page:United States Statutes at Large Volume 100 Part 1.djvu/472

 100 STAT. 436

PUBLIC LAW 99-301—MAY 14, 1986

Public Law 99-301 99th Congress Joint Resolution May 14, 1986 [S.J. Res. 281]

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To designate the week of May 11 through May 17, 1986, as "Senior Center Week".

Whereas senior centers act as a catalyst for mobilizing the creativity, energy, vitality, and commitment of older Americans to help themselves and others in their communities; Whereas, through their wide array of services, programs, and activities, senior centers empower older Americans to contribute to their own health and well-being and to the health and well-being of their fellow citizens of all ages; Whereas senior centers foster a philosophy of independence, selfreliance, and community spirit, thereby representing another expression of American ingenuity, determination, self-help, and neighborliness; Whereas the month of May has historically been proclaimed as Older Americans Month, as a time to recognize our rich treasury of older Americans; and Whereas the national theme for Senior Center Week shall be "Senior Centers are Wellness Centers": Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled. That the second week of May, May 11 through May 17, 1986, be designated as "Senior Center Week" calling upon the people of the United States to recognize the special contributions of senior centers and their participants, and the special efforts of senior center staff and volunteers who work every day to enhance the well-being of older persons in communities throughout the country. Approved May 14, 1986.

LEGISLATIVE HISTORY—S.J. Res. 281: CONGRESSIONAL RECORD, Vol. 132 (1986): Apr. 11, considered and peissed Senate. May 7, considered and passed House.

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Page:United States Statutes at Large Volume 100 Part 1.djvu/473

 PUBLIC LAW 99-302—MAY 14, 1986

100 STAT. 437

Public Law 99-302 99th Congress Joint Resolution , „ „ To designate the month of May 1986 as "Better Hearing and Speech Month.

Whereas more than fifteen million Americans of all ages experience some form of hearing impairment, ranging from mild hearing loss to profound deafness; Whereas more than ten million Americans of all ages experience some form of speech or language impairment; Whereas the deaf, hard of hearing, and speech or language impaired have made significant contributions to society in virtually every occupational category and profession; Whereas those with communication disorders continue to encounter impediments and obstacles which limit their education and employment opportunities; and Whereas the remaining barriers which prevent the communicatively handicapped from fulfilling their potential must be recognized and eliminated. Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the month of May 1986 is designated "Better Hearing and Speech Month" and the President is requested to issue a proclamation calling upon the people of the United States to observe such month with appropriate ceremonies and activities. Approved May 14, 1986.

LEGISLATIVE HISTORY—S.J. Res. 284: CONGRESSIONAL RECORD, Vol. 132 (1986): Apr. 11, considered and passed Senate. Apr. 30, considered and passed House.

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Page:United States Statutes at Large Volume 100 Part 1.djvu/474

 100 STAT. 438

PUBLIC LAW 99-303—May 15, 1986

Public Law 99-303 99th Congress

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May 15, 1986 [S. 1818]

An Act

To amend section 1153 of title 18, United States Code, to make felonious sexual molestation of a minor an offense within Indian country.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. CRIMINAL PENALTY FOR FELONIOUS SEXUAL MOLESTATION OF A MINOR IN INDIAN COUNTRY.

Section 1153 of title 18, United States Code, is amended by inserting "felonious sexual molestation of a minor," after "involuntary sodomy," in the first undesignated paragraph. SEC. 2. TECHNICAL AMENDMENTS.

Section 1153 of title 18, United States Code, as amended by section 1, is further amended by— (1) inserting at the beginning of the section the following heading: "§ 1153. Offenses committed within Indian country"; (2) designating the first undesignated paragraph as subsection (a); and (3) striking out the second and third undesignated paragraphs and inserting in lieu thereof the following new subsection: "(b) Any offense referred to in subsection (a) of this section that is not defined and punished by Federal law in force within the exclusive jurisdiction of the United States shall be defined and punished in accordance with the laws of the State in which such offense was committed as are in force at the time of such offense.". Approved May 15, 1986.

LEGISLATIVE HISTORY—S. 1818 (H.R. 3826): HOUSE REPORTS: No. 99-528 accompanying H.R. 3826 (Comm. on the Judiciary). SENATE REPORTS: No. 99-202 (Comm. on the Judiciary). CONGRESSIONAL RECORD: Vol. 131 (1985): Dec. 5, considered and passed Senate. Vol. 132 (1986): Apr. 28, H.R. 3826 considered and passed House; proceedings vacated and S. 1818, amended, passed in lieu. May 6, Senate concurred in House amendment.

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Page:United States Statutes at Large Volume 100 Part 1.djvu/475

 PUBLIC LAW 99-304—MAY 15, 1986

100 STAT. 439

Public Law 99-304 99th Congress Joint Resolution To designate 1988 as the "Year of New Sweden" and to recognize the New Sweden 1988 American Committee.

Whereas on or about March 29, 1638, the Kalmar Nyckel and Fogel Grip, ships sent by Sweden to establish a colony in the Delaware River Valley, anchored off the "Rocks" on the Christina River in what is now the State of Delaware; Whereas the colony which they established—New Sweden—was the first permanent settlement of Swedes in North America; Whereas Swedish settlers were instrumental in the founding of our Nation; John Morton of Pennsylvania, a signer of the Declaration of Independence, was of Swedish descent, as was John Hanson of Maryland, who presided over the Continental Congress from 1781 through 1782; Whereas Swedish immigration to the United States consisted of one million two hundred thousand people between the late 1840's and the late 1920's, who came here to seek a better life; these settlers dispersed to all regions of the United States; Whereas the contributions of Swedish-Americans to our way of life and our culture have been varied and many; their pioneering nature made them leaders in many fields including politics, business, education and the arts; Whereas it is estimated that today there are four million two hundred thousand United States citizens of Swedish descent living in every State and involved in every walk of life; Whereas 1988 marks the three hundred and fiftieth anniversary of the arrival of the Kalmar Nyckel and Fogel Grip in North America; Whereas a United States committee—New Sweden 1988—is planning a series of events and celebrations throughout our Nation to commemorate this anniversary; and Whereas at the present time, the following American cities and States have New Sweden 1988 committees and chairs planning local activities: Washington, District of Columbia, Wilmington, Philadelphia, New York City, Detroit, Chicago, Minneapolis, Houston, Dallas, Los Angeles, San Francisco, Seattle, St. Louis, New Jersey, Nebraska, North Dakota, South Dakota, and western Illinois: Now, therefore, be it

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May 15, 1986 [S.J. Res. 289]

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Page:United States Statutes at Large Volume 100 Part 1.djvu/476

 100 STAT. 440

PUBLIC LAW 99-304—MAY 15, 1986

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That 1988 is hereby designated as the "Year of New Sweden" in the United States. The President is authorized and requested to issue a proclamation designating 1988 as the "Year of New Sweden" and to invite and encourage the Governors of the several States, the chief officials of local governments and the people of the United States to participate in the events and activities that the New Sweden 1988 American Committee has planned for 1987 and 1988. Approved May 15, 1986.

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LEGISLATIVE HISTORY—S.J. Res. 289: CONGRESSIONAL RECORD, Vol. 132 (1986): Apr. 22, considered and passed Senate. Apr. 30, considered and passed House. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 22 (1986): May 15, Presidential statement.

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Page:United States Statutes at Large Volume 100 Part 1.djvu/477

 PUBLIC LAW 99-305—MAY 19, 1986

100 STAT. 441

Public Law 99-305 99th Congress Joint Resolution To designate the month of May 1986, as "National Birds of Prey Month".

Whereas hawks, owls, and other birds of prey are important ecological components of the ecosystem and contribute to the quality of the wildlife communities in which they live; Whereas birds of prey represent the highest ideals of humanity, inspiring Americans and all people who value freedom; Whereas a substantial number of species of birds of prey that occur regularly in the United States have been listed by one or more State or Federal conservation agencies as endangered, extirpated, threatened, or of concern; Whereas millions of Americans from coast to coast and border to border regularly gain pleasure by observing birds of prey throughout our country; and Whereas a World Center for Birds of Prey has been established at Boise, Idaho, adjacent to the Snake River Birds of Prey Area, an international treasure, and where public activities are being scheduled for the month of May 1986, to better acquaint the public with birds of prey: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the month of May 1986, is designated as "National Birds of Prey Month", and the President of the United States is authorized and requested to issue a proclamation calling upon individuals to observe such a month by recognizing the importance of birds of prey in our environment. Approved May 19, 1986.

LEGISLATIVE HISTORY—S.J. Res. 288: CONGRESSIONAL RECORD, Vol. 132 (1986): Apr. 22, considered and passed Senate. May 7, considered and passed House.

May 19, 1986 [S.J. Res. 288]

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Page:United States Statutes at Large Volume 100 Part 1.djvu/478

 100 STAT. 442

PUBLIC LAW 99-306—MAY 19, 1986

Public Law 99-306 99th Congress May 19, 1986 [S.J. Res. 324]

Joint Resolution

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To designate the week beginning May 18, 1986, as "National Digestive Diseases Awareness Week".

Whereas digestive diseases rank third among illnesses in total economic cost in the United States; Whereas digestive diseases represent one of the Nation's most serious health problems in terms of discomfort and pain, mortality, personal expenditures for treatment, and working hours lost; Whereas twenty million Americans suffer from chronic digestive disease; Whereas more than fourteen million cases of acute digestive diseases are treated in this country each year, including one-third of all malignancies and some of the most common acute infections; Whereas more Americans are hospitalized by digestive diseases than by any other diseases, necessitating 25 percent of all surgical operations; Whereas digestive diseases are one of the most prevalent causes of disability in the work force; Whereas digestive diseases cause yearly expenditure of over $17,000,000,000 in direct health care costs, and a total annual economic burden of nearly $50,000,000,000; Whereas at least one hundred different digestive diseases, in addition to other disorders of the gastrointestinal tract, cause more than two hundred thousand deaths every year; Whereas research into the causes, cures, prevention, and clinical treatment of digestive disease and related nutrition problems has become a national concern, and the people of the United States should recognize digestive diseases as a major health priority; Whereas national organizations such as the Digestive Disease National Coalition are committed to increasing awareness and understanding of digestive diseases among members of the general public and the health care community; Whereas the National Institutes of Health, through its National Digestive Diseases Education and Information Clearinghouse, and the National Digestive Diseases Advisory Board are committed to encouraging and coordinating such educational efforts; and Whereas the week beginning May 18, 1986, marks the third anniversary of the National Digestive Disease Education Program, a coordinated effort to educate the public and the health care community regarding the seriousness of digestive diseases, and to provide information relative to their treatment, prevention, and control: Now, therefore, be it

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Page:United States Statutes at Large Volume 100 Part 1.djvu/479

 PUBLIC LAW 99-306—MAY 19, 1986

100 STAT. 443

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the week beginning May 18, 1986, is designated as "National Digestive Diseases Awareness Week". The President is authorized and requested to issue a proclamation calling upon the people of the United States to observe such week with appropriate programs and activities. Approved May 19, 1986.

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Page:United States Statutes at Large Volume 100 Part 1.djvu/480

 100 STAT. 444

PUBLIC LAW 99-307—MAY 19, 1986

Public Law 99-307 99th Congress

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An Act May 19, 1986 [H.R. 739]

Uniformed Maritime affairs™ 46 USC 2101.

46 USC 3302.

46 USC 3304.

To make miscellaneous changes in laws affecting the United States Coast Guard, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That subtitle II of ^^^^^ ^^' United States Code, is amended as follows: (1) I " section 2101(14)(C), strike '"Material" and substitute "Materials". (2) Section 2101(21) is amended as follows: (A) In subclause (A)(ii), strike "crewmember." and substitute "crewmember or other individual engaged in the business of the vessel who has not contributed consideration for carriage on board the vessel.". (B) Strike subclause (B)(v)-(vii) and substitute the following: "(v) a guest on board a vessel being operated only for pleasure who has not contributed consideration for carriage on board; or "(vi) an individual on board a towing vessel of at least 50 gross tons who has not contributed consideration for carriage on board.". (C) At the end, add the following new subclause: "(F) on a sailing school vessel, means an individual carried on the vessel except— "(i) the owner or representatives of the owner; "(ii) the master or a crewmember engaged in the business of the vessel who has not contributed consideration for carriage and who is paid for services; "(iii) an employee of the owner of the vessel engaged in the business of the owner, except when the vessel is operating under a demise charter; "(iv) an employee of the demise charterer of the vessel engaged in the business of the demise charterer; "(v) a guest on board the vessel who has not contributed consideration for carriage on board; or "(vi) a sailing school instructor or sailing school student.". (D) Strike "or a sailing school vessel," in clause (B). (3) In section 3302(i)(5), strike "charter" and substitute "charterer". (4) At the end of section 3302, add the following new subsection: "(k) Only the boiler, engine, and other operating machinery of a steam vessel that is a recreational vessel of not more than 65 feet overall in length are subject to inspection under section 3301(9) of this title.". (5)(A) Section 3304 is amended as follows::; ^ -

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Page:United States Statutes at Large Volume 100 Part 1.djvu/481

 PUBLIC LAW 99-307—MAY 19, 1986

100 STAT. 445

(i) In the section catchline, strike "Carrying" and substitute "Transporting". (ii) In subsection (a), strike "carrying cargo that carries" and "vessel." and substitute "transporting cargo that transports" and "vessel if the vessel is otherwise subject to inspection under this chaptei'.", respectively. (iii) In subsection (b), strike "Before an individual in addition to the crew is carried" and substitute "Except when subsection (e) of this section applies, before an individual in addition to the crew is transported". (iv) In subsection (c), strike "The privilege" and substitute J ^ "A privilege". (v) Add at the end the following new subsection: "(e) The Secretary may by regulation allow individuals in addition to the crew to be transported in an emergency or under section 2304 of this title.''. (B) In item 3304 in the analysis of chapter 33, strike "Carrying" and substitute "Transporting". (6) In section 3318(f), before clause (1), strike "then" wherever it appears and substitute "than". (7)(A) Section 3503 is amended as follows: « ' (i) Insert "(a)" at the beginning of the section. (ii) Strike the last sentence and substitute "Before November 1, 1993, this section does not apply to a vessel in -'•' ' operation before January 1, 1968, and operating only on the inland rivers.", (iii) Add at the end the following: ^ "(b)(1) When a vessel is exempted from the fire-retardant standards of this section— "(A) the owner or managing operator of the vessel shall notify prospective passengers that the vessel does not comply with s applicable fire safety standards due primarily to the wooden construction of passenger berthing areas; "(B) the owner or managing operator of the vessel may not disclaim liability to a passenger for death, injury, or any other loss caused by fire due to the negligence of the owner or managing operator; and "(C) the penalties provided in section 3504(c) of this title apply to a violation of this subsection. "(2) The Secretary shall prescribe regulations under this subsection on the manner in which prospective passengers are to be notified.". (B) Until the regulations required by subclause (A) of this clause become effective, the owner or managing operator shall notify prospective passengers in all promotional literature and on each ticket that the vessel does not comply with those standards due primarily to the wooden construction of passenger berthing areas. (8) In section 3714(a)(4), strike "charter" and substitute "charterer". (9) Section 4308 is amended by striking "operator" wherever it appears and substituting "individual in charge". (10) In section 7111, strike "Part" and substitute "part". (11) In section 7312(e), strike "able seaman-limited" and substitute "able seamen-limited". (12) Section 8104(k) is amended by striking "watchers" and substituting "watches".

Regulations. 46 USC 2304. 46 USC 3318. 46 USC 3503.

Safety. Lrr.81-

Law enforcement and crime. Regulations.

46 USC 3714. 46 USC 4308. 46 USC Till. 46 USC 7312. 46 USC 8104.

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Page:United States Statutes at Large Volume 100 Part 1.djvu/482

 100 STAT. 446 46 USC 8502. 46 USC 8901 et seq.

46 USC 10709.

46 USC 12122.

46 USC 13102. 46 USC 13104.,i

46 USC 11101 et seq.

PUBLIC LAW 99-307—MAY 19, 1986

(13) In section 8502(a)(4)(A), strike "Part" and substitute "part". (14) Chapter 89 is amended as follows: (A) In item 8903 in the chapter analysis, strike > "Uninspected" and substitute "Self-propelled, uninspected". (B) In the catchline of section 8903, strike "Uninspected" and substitute "Self-propelled, uninspected". (C) In the text of section 8903, strike "An" and substitute "A self-propelled,". "d'llj (15) In section 10709(a)(1), before clause (A)— (A) strike "then $1,500 in value, and" and substitute, "than $1,500 in value, the court,"; and (B) strike "wages, the court" and substitute "wages,". (16) Section 12122(a) is amended by adding at the end the following sentence: "Each day of continuing violation is a sepa'Ti rate violation.". ^,^,. (17) In section 13102(a)(4), strike "coordinate carrying the State" and substitute "coordinate carrying out the State". (18) Section 13104(b) is amended by inserting after "Secretary" the words "for State recreational boating safety programs". (19) Chapter 111 is amended as follows: (A) At the end of the chapter analysis, add the following new item: "11112. Master's lien for wages.".

i*.^«,t. 46 USC 11112.

Contracts. Massachusetts.

New Jersey. 33 USC 59u.

Contracts. Utilities. 98 Stat. 2861.

.i^r^,.' J »--r...,. s

(B) At the end of the chapter, add the following new section: "§ 11112. Master's lien for wages " --'^'* ^ ' "The master of a documented vessel has the same lien against the vessel for the master's wages and the same priority as any other seaman serving on the vessel.". SEC. 2. (a) The Coast Guard may enter into a lease in excess of 1 fiscal year to acquire a site on the State pier in New Bedford, Massachusetts, for construction of maintenance assistance team and vessel support facilities on that pier. (b) Any lease under this section is effective only to the extent that amounts are provided for in appropriations laws. (c) Notwithstanding section 322 of the Act of June 30, 1932 (40 U.S.C. 278a), and beginning in fiscal year 1986, the Coast Guard may spend appropriated amounts for the construction of fixed facilities and improvements on that portion of the State pier leased from Massachusetts for the use of a maintenance assistance team and Coast Guard vessels. SEC. 3. The body of water known as Lawyer's Ditch located at block 5,000 in the city of Newark, county of Essex, New Jersey, is declared to be a nonnavigable waterway of the United States within the meaning of the General Bridge Act of 1946 (33 U.S.C. 525 et seq.). SEC. 4. The Coast Guard may enter into any agreement or letter of intent with a municipal utility within the Seventeenth Coast Guard District to provide electricity to a Coast Guard facility without complying with the provisions of section 4 of Public Law 98-557.

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Page:United States Statutes at Large Volume 100 Part 1.djvu/483

 PUBLIC LAW 99-307—MAY 19, 1986

100 STAT. 447

SEC. 5. Bayou Lafourche, in the State of Louisiana, between Canal Boulevard, city of Thibodaux, parish of Lafourche and the Southern Pacific Railroad bridge crossing the bayou, city of Thibodaux, parish of Lafourche, is hereby declared to be a nonnavigable waterway of the United States within the meaning of the General Bridge Act of 1946 (33 U.S.C. 525 et seq.). SEC. 6. Notwithstanding sections 12105, 12106, 12107, and 12108 of title 46, United States Code, and section 27 of the Merchant Marine Act, 1920 (46 U.S.C. App. 883), as applicable on the date of enactment of this Act, the Secretary of the department in which the Coast Guard is operating may issue a certificate of documentation for the following vessels: Marilyn, Maryland registration number MD 3533 AA; Royal Star, Michigan registration number MC 9707 J; Alaskan Shores, United States official number 603879; Shearwater, United States official number 260827; Gypsy Rose, California registration number CF 4291 HF; Eliminator, United States official number 507572; Puka Kai, United States official number 677462; Lobster House, Panama registration number 494-PEXT; Jane E., Bahamian registration number 315924; and Diane M., Bahamian official number 315925, except that such vessels Jane E. and Diane M. may be operated under such documentation only in the waters of the Atlantic Ocean and the Gulf of Mexico. SEC. 7. Section 2(a) of the Act entitled "An Act to facilitate increased enforcement by the Coast Guard of laws relating to the importation of controlled substances, and for other purposes", approved September 15, 1980 (21 U.S.C. 955b(a)), is amended by inserting immediately before the period the following: ", except that an event otherwise qualifying as an arrangement under such section does not lose that qualification by the fact that consent to, or the terms of, such arrangement are communicated by radio, telephone, or other similar means, or by how specific such arrangement is as to the vessel to which such arrangement applies". SEC. 8. The Coast Guard may enter into a cost-sharing arrangement with the city of Cape May, New Jersey, under which the city of Cape May will provide necessary roadway improvement on and along Pennsylvania Avenue between Pittsburg and Buffalo Avenues, as abutted by housing owned by the Coast Guard. For purposes of entering into such an arrangement, the Coast Guard may expend from previously-appropriated funds an amount not to exceed $200,000 on a nonrecurring basis. SEC. 9. Section 2103 of title 46, United States Code, is amended by striking all after "subtitle" the third time it appears and substituting ". The Secretary may prescribe regulations to carry out the provisions of this subtitle.''. SEC. 10. Section 4370(a) of the Revised Statutes of the United States (46 U.S.C. App. 316(a)) is amended— (1) by striking all from "a certificate of registry," through "the Act of June 7, 1918, as amended (U.S.C. 1934 edition, Supp. IV, title 46, sec. 288)," and substituting "a certificate of documentation issued under section 12106 or 12107 of title 46, United States Code,"; and (2) by striking "a vessel of foreign registrv, or a vessel in distress", and substituting "a vessel in distress. SEC. 11. Section 3 of the Shipping Act of 1984 (46 U.S.C. App. 1702) is amended— (1) in paragraph 6, (A) by striking the period at the end of suljparagraph (B) and substituting a comma, and (B) by adding

Louisiana. ^^ ^SC 59e-i.

^,

Imports. Drugs and drug abuse.

New Jersey.

Regulations,

Transportation.

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Page:United States Statutes at Large Volume 100 Part 1.djvu/484

 100 STAT. 448

Commerce and trade.

Commerce and trade.

.gtJOf-ifiS.iaA

PUBLIC LAW 99-307—MAY 19, 1986

at the end thereof the following: "except that the term does not include a common carrier engaged in ocean transportation by ferry boat, ocean tramp, or chemical parcel-tanker. As used in this paragraph, 'chemical parcel-tanker' means a vessel whose cargo-carrying capability consists of individual cargo tanks for bulk chemicals that are a permanent part of the vessel, that have segregation capability with piping systems to permit simultaneous carriage of several bulk chemical cargoes with minimum risk of cross-contamination, and that has a valid certificate of fitness under the International Maritime Organization Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk."; and (2) in paragraph (18), by striking all from the semicolon and substituting a period. SEC. 12. Notwithstanding the provisions of the Act entitled "An Act to authorize the Secretary of Commerce to sell two obsolete vessels to Coast Line Company and for other purposes", approved June 3, 1980 (Public Law 96-260; 94 Stat. 435), the Secretary of Transportation shall permit the vessels Pictor, United States official number 243529, Procyon, United States official number 244022, and Zelima, United States official number 248207, to be scrapped in the foreign market if^ (1) the purchaser of such vessels and the country in which such vessels are to be scrapped are acceptable to the Secretary of Transportation; and (2) the seller of any such vessel agrees in writing to reimburse the United States a reasonable amount, acceptable to the Secretary of Transportation, of not less than one-half of the profits realized from such sale. SEC. 13. Notwithstanding any other provision of law or any agreement with the United States Government, the vessels Paul Bunyan, United States official number 602272, and John Henry, United States official number 599294, may be sold to a foreign purchaser or purchasers if— (1) the person desiring to sell the vessel submits to the Secretary of Transportation and the Secretary of the Navy a written offer under which the Secretary of Transportation may elect to acquire either or both vessels for the National Defense Reserve Fleet or the Secretary of the Navy may elect to acquire either or both vessels for the Ready Reserve Fleet, under the same terms and conditions as those offered by the foreign ^*'' purchaser or purchasers; and J (2) neither Secretary elects to acquire the vessel within 60 ""' days after the date on which a written offer is submitted to the Secretaries under paragraph (1) of this subsection. Approved May 19, 1986. LEGISLATIVE HISTORY—H.R. 739: HOUSE REPORTS: No. 99-389 (Comm. on Merchant Marine and Fisheries). SENATE REPORTS: No. 99-284 (Comm. on Commerce, Science, and Transportation). CONGRESSIONAL RECORD: Vol. 131 (1985): Dec. 3, considered and passed House. May 1, House concurred in Senate amendments. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 22 (1986): May 19, Presidential statement.
 * . Vol. 132 (1986): Apr. 24, considered and passed Senate, amended.

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Page:United States Statutes at Large Volume 100 Part 1.djvu/485

 PUBLIC LAW 99-308—MAY 19, 1986 Public Law 99-308 99th Congress

100 STAT. 449

An Act

To amend chapter 44 (relating to firearms) of title 18, United States Code, and for other purposes.

May 19, 1986 [S. 49]

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

Owners' Protection Act. 18 USC 921 note.

(a) SHORT TITLE.—This Act may be cited as the "Firearms Owners' Protection Act". (b) CONGRESSIONAL FINDINGS.—The Congress finds that— (1) the rights of citizens— (A) to keep and bear arms under the second amendment to the United States Constitution; (B) to security against illegal and unreasonable searches and seizures under the fourth amendment; (C) against uncompensated taking of property, double jeopardy, and assurance of due process of law under the fifth amendment; and (D) against unconstitutional exercise of authority under the ninth and tenth amendments; require additional legislation to correct existing firearms statutes and enforcement policies; and (2) additional legislation is required to reaffirm the intent of the Congress, as expressed in section 101 of the Gun Control Act of 1968, that "it is not the purpose of this title to place any 18 USC 921 note. undue or unnecessary Federal restrictions or burdens on lawabiding citizens with respect to the acquisition, possession, or use of firearms appropriate to the purpose of hunting, trapshooting, target shooting, personal protection, or any other lawful activity, and that this title is not intended to discourage or eliminate the private ownership or use of firearms by lawabiding citizens for lawful purposes.". SEC. 101. AMENDMENTS TO SECTION 921.

Section 921 of title 18, United States Code, is amended— (1) in subsection (a)(10), by striking out "manufacture o f and inserting in lieu thereof "business of manufacturing"; (2) in subsection (a)(ll)(A), by striking out "or ammunition"; (3) in subsection (a)(12), by striking out "or ammunition"; (4) in subsection (a)(13), by striking out "or ammunition"; (5) by amending paragraph (20) of subsection (a) to read as follows: "(20) The term 'crime punishable by imprisonment for a term Law enforcement exceeding one year' does not include— "(A) any Federal or State offenses pertaining to antitrust and crime. violations, unfair trade practices, restraints of trade, or other similar offenses relating to the regulation of business practices, or

71-19/, 0 - 89 - 17: <X 3 Part i

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Page:United States Statutes at Large Volume 100 Part 1.djvu/486

 100 STAT. 450

Business and industry.

18 USC 921.

Imports.

Imports.

PUBLIC LAW 9 9 - 3 0 8 - M A Y 19, 1986

"(B) any State offense classified by the laws of the State as a misdemeanor and punishable by a term of imprisonment of two years or less. What constitutes a conviction of such a crime shall be determined in accordance with the law of the jurisdiction in which the proceedings were held. Any conviction which has been expunged, or set aside or for which a person has been pardoned or has had civil rights restored shall not be considered a conviction for purposes of this chapter, unless such pardon, expungement, or restoration of civil rights expressly provides that the person may not ship, transport, possess, or receive firearms."; and (6) in subsection (a), by inserting after paragraph (20) the following new paragraphs: "(21) The term 'engaged in the business' means— "(A) as applied to a manufacturer of firearms, a person who devotes time, attention, and labor to manufacturing firearms as a regular course of trade or business with the principal objective of livelihood and profit through the sale or distribution of the firearms manufactured; "(B) as applied to a manufacturer of ammunition, a person who devotes time, attention, and labor to manufacturing ammunition as a regular course of trade or business with the principal objective of livelihood and profit through the sale or distribution of the ammunition manufactured; "(C) as applied to a dealer in firearms, as defined in section 921(a)(ll)(A), a person who devotes time, attention, and labor to dealing in firearms as a regular course of trade or business with the principal objective of livelihood and profit through the repetitive purchase and resale of firearms, but such term shall not include a person who makes occasional sales, exchanges, or purchases of firearms for the enhancement of a personal collection or for a hobby, or who sells all or part of his personal collection of firearms; "(D) as applied to a dealer in firearms, as defined in section 921(a)(ll)(B), a person who devotes time, attention, and labor to engaging in such activity as a regular course of trade or business with the principal objective of livelihood and profit, but such term shall not include a person who makes occasional repairs of firearms, or who occasionally fits special barrels, stocks, or trigger mechanisms to firearms; "(E) as applied to an importer of firearms, a person who devotes time, attention, and labor to importing firearms as a regular course of trade or business with the principal objective of livelihood and profit through the sale or distribution of the firearms imported; and "(F) as applied to an importer of ammunition, a person who devotes time, attention, and labor to importing ammunition as a regular course of trade or business with the principal objective of livelihood and profit through the sale or distribution of the ammunition imported. "(22) The term 'with the principal objective of livelihood and profit' means that the intent underlying the sale or disposition of firearms is predominantly one of obtaining livelihood and pecuniary gain, as opposed to other intents, such as improving or liquidating a personal firearms collection. "(23) The term 'machinegun' has the meaning given such term in section 58450)) of the National Firearms Act (26 U.S.C. 5845(b)).

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Page:United States Statutes at Large Volume 100 Part 1.djvu/487

 PUBLIC LAW 99-308—MAY 19, 1986

100 STAT. 451

"(24) The terms 'firearm silencer' and 'firearm muffler' mean any device for silencing, muffling, or diminishing the report of a portable firearm, including any combination of parts, designed or redesigned, and intended for use in assembling or fabricating a firearm silencer or firearm muffler, and any part intended only for use in such assembly or fabrication.". SEC. 102. AMENDMENTS TO SECTION 922.

Section 922 of title 18, United States Code, is amended— (1) so that paragraph (1) of subsection (a) reads as follows: "(1) for any person— "(A) except a licensed importer, licensed manufacturer, or licensed dealer, to engage in the business of importing, manufacturing, or dealing in firearms, or in the course of such business to ship, transport, or receive any firearm in interstate or foreign commerce; or "(B) except a licensed importer or licensed manufacturer, to engage in the business of importing or manufacturing ammunition, or in the course of such business, to ship, transport, or receive any ammunition in interstate or foreign commerce;"; (2) in subsection (a)(2)— (A) by striking out "or ammunition"; and (B) by striking out "or licensed dealer for the sole purpose of repair or customizing;" and inserting in lieu thereof "licensed dealer, or licensed collector;"; (3) in subsection (a)(3), by striking out "(B)" and all that follows through "(b)(3) of this section," and inserting in lieu thereof the following: "(B) shall not apply to the transportation or receipt of a firearm obtained in conformity with subsection (b)(3) of this section,"; (4) in subsection (b)— (A) in paragraph (2), by striking out "or ammunition" each place it appears; (B) in paragraph (3), by striking out "(A)" and all that follows through "intrastate transactions other than at the licensee's business premises," and inserting in lieu thereof "(A) shall not apply to the sale or delivery of any rifle or shotgun to a resident of a State other than a State in which the licensee's place of business is located if the transferee meets in person with the transferor to accomplish the transfer, and the sale, delivery, and receipt fully comply with the legal conditions of sale in both such States (and any licensed manufacturer, importer or dealer shall be presumed, for purposes of this subparagraph, in the absence of evidence to the contrary, to have had actual knowledge of the State laws and published ordinances of both States),"; (C) in paragraph (3), by inserting "and" before "(B)"; (D) in paragraph (3), by striking out ", and (C)" and all that follows through the end of such paragraph and inserting in lieu thereof a semicolon; and (E) in paragraph (5), by striking out "or ammunition except.22 caliber rimfire ammunition" and inserting "or armor-piercing ammunition" in lieu thereof; (5) in subsection (d)—

Law enforcement and crime. Commerce and trade.

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Page:United States Statutes at Large Volume 100 Part 1.djvu/488

 100 STAT. 452

Drugs and drug abuse.

Aliens.

Drugs and drug abuse.

Aliens.

PUBLIC LAW 99-308—MAY 19, 1986

(A) by striking out "licensed importer, licensed manufacturer, licensed dealer, or licensed collector" the first place it appears and inserting in lieu thereof "person"; (B) by amending paragraph (3) to read as follows: "(3) is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802));"; (C) in paragraph (4), by striking out the period and inserting in lieu thereof a semicolon; and (D) by inserting after paragraph (4) the following: "(5) who, being an alien, is illegally or unlawfully in the United States; "(6) who has been discharged from the Armed Forces under dishonorable conditions; or "(7) who, having been a citizen of the United States, has renounced his citizenship."; (6) in subsection (g)— (A) in paragraph (1), by striking out "is under indictment for, or who"; (B) by amending paragraph (3) to read as follows: "(3) is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802));"; (C) by inserting after paragraph (4) the following new paragraphs: "(5) who, being an alien, is illegally or unlawfully in the United States; "(6) who has been discharged from the Armed Forces under dishonorable conditions; or "(7) who, having been a citizen of the United States, has renounced his citizenship;"; and (D) by striking out "to ship or transport any firearm or ammunition in interstate or foreign commerce." and inserting in lieu thereof "to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce."; (7) so that subsection (h) reads as follows: "(h) It shall be unlawful for any individual, who to that individual's knowledge and while being employed for any person described in any paragraph of subsection (g) of this section, in the course of such employment— "(1) to receive, possess, or transport any firearm or ammunition in or affecting interstate or foreign commerce; or "(2) to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce."; (8) by inserting after subsection (m) the following: "(n) It shall be unlawful for any person who is under indictment for a crime punishable by imprisonment for a term exceeding one year to ship or transport in interstate or foreign commerce any firearm or ammunition or receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce."; and (9) by inserting after the subsection added by paragraph (8) of this section the following:

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Page:United States Statutes at Large Volume 100 Part 1.djvu/489

 PUBLIC LAW 99-308—MAY 19, 1986

100 STAT. 453

"(o)(1) Except as provided in paragraph (2), it shall be unlawful for any person to transfer or possess a machinegun. "(2) This subsection does not apply with respect to— "(A) a transfer to or by, or possession by or under the authority of, the United States or any department or agency thereof or a State, or a department, agency, or political subdivision thereof; or "(B) any lawful transfer or lawful possession of a machinegun that was lawfully possessed before the date this subsection takes effect.". SEC. 103. AMENDMENTS TO SECTION 923.

Section 923 of title 18, United States Code, is amended— Imports. (1) in subsection (a)— (A) by striking out the first sentence and inserting in lieu thereof "No person shall engage in the business of importing, manufacturing, or dealing in firearms, or importing or manufacturing ammunition, until he has filed an application with and received a license to do so from the Secretary."; and (B) by striking out "and contain such information", and inserting in lieu thereof "and contain only that information necessary to determine eligibility for licensing."; (2) in subsection (a)(3)(B), by striking out "or ammunition for firearms other than destructive devices,"; (3) in subsection (b), by striking out "and contain such information" and inserting in lieu thereof "and contain only that information necessary to determine eligibility"; (4) in subsection (c), by adding at the end "Nothing in this chapter shall be construed to prohibit a licensed manufacturer, importer, or dealer from maintaining and disposing of a personal collection of firearms, subject only to such restrictions as apply in this chapter to dispositions by a person other than a licensed manufacturer, importer, or dealer. If any firearm is so disposed of by a licensee within one year after its transfer from his business inventory into such licensee's personal collection or if such disposition or any other acquisition is made for the purpose of willfully evading the restrictions placed upon licensees by this chapter, then such firearm shall be deemed part of such licensee's business inventory."; (5) in subsection (e), by inserting "willfully" before "violated"; (6) in subsection (f)— (A) in paragraph (3)— (i) by inserting "de novo" before "judicial"; and (ii) by inserting "whether or not such evidence was considered at the hearing held under paragraph (2)." after "to the proceeding"; and (B) by adding at the end the following new paragraph: "(4) If criminal proceedings are instituted against a licensee alleg- Law enforcement ing any violation of this chapter or of rules or regulations prescribed and crime. under this chapter, and the licensee is acquitted of such charges, or such proceedings are terminated, other than upon motion of the Government before trial upon such charges, the Secretary shall be absolutely barred from denying or revoking any license granted under this chapter where such denial or revocation is based in whole or in part on the facts which form the basis of such criminal charges. No proceedings for the revocation of a license shall be

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Page:United States Statutes at Large Volume 100 Part 1.djvu/490

 100 STAT. 454

Records.

PUBLIC LAW 99-308—MAY 19, 1986

instituted by the Secretary more than one year after the filing of the indictment or information."; (7) so that subsection (g) reads as follows: "(g)(1)(A) Each licensed importer, licensed manufacturer, and licensed dealer shall maintain such records of importation, production, shipment, receipt, sale, or other disposition of firearms at his place of business for such period, and in such form, as the Secretary may by regulations prescribe. Such importers, manufacturers, and dealers shall not be required to submit to the Secretary reports and information with respect to such records and the contents thereof, except as expressly required by this section. The Secretary, when he has reasonable cause to believe a violation of this chapter has occurred and that evidence thereof may be found on such premises, may, upon demonstrating such cause before a Federal magistrate and securing from such magistrate a warrant authorizing entry, enter during business hours the premises (including places of storage) of any licensed firearms importer, licensed manufacturer, licensed dealer, licensed collector, or any licensed importer or manufacturer of ammunition, for the purpose of inspecting or examining— "(i) any records or documents required to be kept by such licensed importer, licensed manufacturer, licensed dealer, or licensed collector under this chapter or rules or regulations under this chapter, and "(ii) any firearms or ammunition kept or stored by such licensed importer, licensed manufacturer, licensed dealer, or licensed collector, at such premises. "(B) The Secretary may inspect or examine the inventory and records of a licensed importer, licensed manufacturer, or licensed dealer without such reasonable cause or warrant— "(i) in the course of a reasonable inquiry during the course of a criminal investigation of a person or persons other than the licensee; "(ii) for ensuring compliance with the record keeping requirements of this chapter not more than once during any twelvemonth period; or "(iii) when such inspection or examination may be required for determining the disposition of one or more particular firearms in the course of a bona fide criminal investigation. "(C) The Secretary may inspect the inventory and records of a licensed collector without such reasonable cause or warrant— "(i) for ensuring compliance with the record keeping requirements of this chapter not more than once during any twelvemonth period; or "(ii) when such inspection or examination may be required for determining the disposition of one or more particular firearms in the course of a bona fide criminal investigation. "(D) At the election of a licensed collector, the annual inspection of records and inventory permitted under this paragraph shall be performed at the office of the Secretary designated for such inspections which is located in closest proximity to the premises where the inventory and records of such licensed collector are maintained. The inspection and examination authorized by this paragraph shall not be construed as authorizing the Secretary to seize any records or other documents other than those records or documents constituting material evidence of a violation of law. If the Secretary seizes such records or documents, copies shall be provided the licensee within a

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Page:United States Statutes at Large Volume 100 Part 1.djvu/491

 PUBLIC LAW 99-308—MAY 19, 1986

100 STAT. 455

reasonable time. The Secretary may make available to any Federal, State, or local law enforcement agency any information which he may obtain by resison of this chapter with respect to the identification of persons prohibited from purchasing or receiving firearms or ammunition who have purchased or received firearms or ammunition, together with a description of such firearms or ammunition, and he may provide information to the extent such information may be contained in the records required to be maintained by this chapter, when so requested by any Federal, State, or local law enforcement agency. "(2) Each licensed collector shall maintain in a bound volume the nature of which the Secretary may by regulations prescribe, records of the receipt, sale, or other disposition of firearms. Such records shall include the name and address of any person to whom the collector sells or otherwise disposes of a firearm. Such collector shall not be required to submit to the Secretary reports and information with respect to such records and the contents thereof, except as expressly required by this section. "(3) Each licensee shall prepare a report of multiple sales or other dispositions whenever the licensee sells or otherwise disposes of, at one time or during any five consecutive business days, two or more pistols, or revolvers, or any combination of pistols and revolvers totalling two or more, to an unlicensed person. The report shall be prepared on a form specified by the Secretary and forwarded to the office specified thereon not later than the close of business on the day that the multiple sale or other disposition occurs. '(4) Where a firearms or ammunition business is discontinued and succeeded by a new licensee, the records required to be kept by this chapter shall appropriately reflect such facts and shall be delivered to the successor. Where discontinuance of the business is absolute, such records shall be delivered within thirty days after the business discontinuance to the Secretary. However, where State law or local ordinance requires the delivery of records to other responsible authority, the Secretary may arrange for the delivery of such records to such other responsible authority. "(5)(A) Each licensee shall, when required by letter issued by the Secretary, and until notified to the contran^ in writing by the Secretary, submit on a form specified by the Secretary, for periods and at the times specified in such letter, all record information required to be kept by this chapter or such lesser record information as the Secretary in such letter may specify. "(B) The Secretary may authorize such record information to be submitted in a manner other than that prescribed in subparagraph (A) of this paragraph when it is shown by a licensee that an alternate method of reporting is reasonably necessary and will not unduly hinder the effective administration of this chapter. A licensee may use an alternate method of reporting if the licensee describes the proposed alternate method of reporting and the need therefor in a letter application submitted to the Secretary, and the Secretary approves such alternate method of reporting."; and (8) so that subsection (j) reads as follows: "(j) A licensed importer, licensed manufacturer, or licensed dealer may, under rules or regulations prescribed by the Secretary, conduct business temporarily at a location other than the location specified on the license if such temporary location is the location for a gun show or event sponsored by any national, State, or local organization, or any affiliate of any such orgcmization devoted to the coUec-

State and local governments,

Reports,

Business and industry.

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