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 PUBLIC LAW 99-562—OCT. 27, 1986

100 STAT. 3167

the petition in the court, the court may stay, as it deems proper, the running of the time allowed for compliance with the demand, in whole or in part, except that the person filing the petition shall comply with any portions of the demand not sought to be modified or set aside, "(3) PETITION TO MODIFY OR SET ASIDE DEMAND FOR PRODUCT OF

DISCOVERY.—(A) In the case of any civil investigative demand issued under subsection (a) which is an express demand for any product of discovery, the person from whom such discovery was obtained may file, in the district court of the United States for the judicial district in which the proceeding in which such discovery was obtained is or was last pending, and serve upon any false claims law investigator identified in the demand and upon the recipient of the demand, a petition for an order of such court to modify or set aside those portions of the demand requiring production of any such product of discovery. Any petition under this subparagraph must be filed— "(i) within 20 days after the date of service of the civil investigative demand, or at any time before the return date specified in the demand, whichever date is earlier, or "(ii) within such longer period as may be prescribed in writing by any false claims law investigator identified in the demand. "(B) The petition shall specify each ground upon which the petitioner relies in seeking relief under subparagraph (A), and may be based upon any failure of the portions of the demand from which relief is sought to comply with the provisions of this section, or upon any constitutional or other legal right or privilege of the petitioner. During the pendency of the petition, the court may stay, as it deems proper, compliance with the demand and the running of the time allowed for compliance with the demand. "(4)

PETITION

TO REQUIRE PERFORMANCE

BY CUSTODIAN OF

DUTIES.—At any time during which any custodian is in custody or control of any documentary material or answers to interrogatories produced, or transcripts of oral testimony given, by any person in compliance with any civil investigative demand issued under subsection (a), such person, and in the case of an express demand for any product of discovery, the person from whom such discovery was obtained, may file, in the district court of the United States for the judicial district within which the office of such custodian is situated, and serve upon such custodian, a petition for an order of such court to require the performance by the custodian of any duty imposed upon the custodian by this section. "(5) JURISDICTION.—Whenever any petition is filed in any district court of the United States under this subsection, such court shall have jurisdiction to hear and determine the matter so presented, and to enter such order or orders as may be required to carry out the provisions of this section. Any final order so entered shall be subject to appeal under section 1291 of title 28. Any disobedience of any final order entered under this section by any court shall be punished as a contempt of the court. "(6) A P P U C A B I U T Y O F FEDERAL RULES OF CIVIL PROCEDURE.—

The Federal Rules of Civil Procedure shall apply to any petition

28 USC app.

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 100 STAT. 3168

Ante, p. 3153.

PUBLIC LAW 99-562—OCT. 27, 1986

under this subsection, to the extent that such rules are not • a. inconsistent with the provisions of this section. "(k) DISCLOSURE E!XEMPTION.—Any documentary material, answers to written interrogatories, or oral testimony provided under any civil investigative demand issued under subsection (a) shall be exempt from disclosure under section 552 of title 5. / J "(1) DEFINITIONS.—For purposes of this section— "(1) the term 'false claims law' means— "(A) this section and sections 3729 through 3732; and "(B) any Act of Congress enacted after the date of the enactment of this section which prohibits, or makes available J to the United States in any court of the United States any civil remedy with respect to, any false claim against, bribery of, or corruption of any officer or employee of the United States; "(2) the term 'false claims law investigation' means any inquiry conducted by any false claims law investigator for the purpose of ascertaining whether any person is or has been I engaged in any violation of a false claims law; ^ "(3) the term 'false claims law investigator' means any attorney or investigator employed by the Department of Justice who is charged with the duty of enforcing or carrying into effect any false claims law, or any officer or employee of the United States acting under the direction and supervision of such attorney or i investigator in connection with a false claims law investigation; I "(4) the term 'person' means any natural person, partnership, corporation, association, or other legal entity, including any •f State or political subdivision of a State; 1 "(5) the term 'documentary material' includes the original or any copy of any book, record, report, memorandum, paper, communication, tabulation, chart, or other document, or data compilations stored in or accessible through computer or other information retrieval systems, together with instructions and all other materials necessary to use or interpret such data compilations, and any product of discovery; "(6) the term 'custodian' means the custodian, or any deputy custodian, designated by the Attorney General under subsection (i)(l);and "(7) the term 'product of discovery' includes— "(A) the original or duplicate of any deposition, interrogatory, document, thing, result of the inspection of land or other property, examination, or admission, which is obtained by any method of discovery in any judicial or administrative proceeding of an adversarial nature; "(B) any digest, analysis, selection, compilation, or derivation of any item listed in subparagraph (A); and "(C) any index or other manner of access to any item listed in subparagraph (A).", (b) CLERICAL AMENDMENT.—The table of contents for chapter 37 of title 31, United States Code, is amended by adding after the item relating to section 3731 the following: "3732. False claims jurisdiction. "3733. Civil investigative demands.".

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Page:United States Statutes at Large Volume 100 Part 4.djvu/241

 PUBLIC LAW 99-562—OCT. 27, 1986 SEC. 7. CRIMINAL PENALTIES.

100 STAT. 3169

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Section 287 of title 18, United States Code, is amended by striking "fined" and all that follows through "both" and inserting "imprisoned not more than five years and shall be subject to a fine in the amount provided in this title". Approved October 27, 1986.

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LEGISLATIVE HISTORY—S. 1562 (H.R. 4827): HOUSE REPORTS: No. 99-660 accompanying H.R. 4827 (Comm. on the Judiciary). SENATE REPORTS: No. 99-345 (Comm. on the Judiciary). CONGRESSIONAL RECORD, Vol. 132 (1986): Aug. 11, considered and passed Senate. Sept. 9, H.R. 4827 considered and passed House; proceedings vacated and S. 1562, amended, passed in lieu. Oct. 3, Senate concurred in House amendment with an amendment. Oct. 7, House concurred in Senate amendment.

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Page:United States Statutes at Large Volume 100 Part 4.djvu/242

 100 STAT. 3170

PUBLIC LAW 99-563—OCT. 27, 1986

Public Law 99-563 99th Congress An Act

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Oct. 27, 1986 [S. 2129]

To amend the Product Liability Risk Retention Act of 1981 to include coverage of other lines of liability insurance, and for other purposes.

Risk Retention Amendments of

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

1986. State and local governments.

SECTION 1. SHORT TITLE.

15 USC 3901 note.

This Act may be cited as the 1986".

Risk Retention Amendments of

SEC. 2. REFERENCES IN THE ACT.

Whenever in this Act an amendment is expressed in terms of an amendment to a section, the reference shall be deemed to be a reference to the Product Liability Risk Retention Act of 1981 (15 U.S.C. 3901 et seq.), unless otherwise provided. SEC. 3. COVERAGE OFFERED BY RISK RETENTION GROUPS.

(a) EXPANSION OF COVERAGE.—Section 2(a) (15 U.S.C. 3901(a)) is amended— (1) by striking paragraphs (1) and (3); (2) by redesignating paragraph (2) as paragraph (1); and (3) by inserting after paragraph (1), as so redesignated, the following new paragraphs: "(2) 'liability'— "(A) means legal liability for damages (including costs of defense, legal costs and fees, and other claims expenses) because of injuries to other persons, damage to their property, or other damage or loss to such other persons resulting from or arising out of^ "(i) any business (whether profit or nonprofit), trade, product, services (including professional services), premises, or operations, or "(ii) any activity of any State or local government, or any agency or political subdivision thereof; and "(B) does not include personal risk liability and an employer's liability with respect to its employees other than legal liability under the Federal Employers' Liability Act (45 U.S.C. 51 et seq.); "(3) 'personal risk liability' means liability for damages because of injury to any person, damage to property, or other loss or damage resulting from any personal, familial, or household responsibilities or activities, rather than from responsibilities or activities referred to in paragraphs (2)(A) and (2)(B);". (b) DEFINITIONS.—Such section is further amended— (1) by striking "and" at the end of paragraph (5); (2) by striking the period at the end of paragraph (6) and inserting "; and"; and (3) by adding at the end thereof the following new paragraph:

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Page:United States Statutes at Large Volume 100 Part 4.djvu/243

 PUBLIC LAW 99-563—OCT. 27, 1986 >

100 STAT. 3171

"(7) 'hazardous financial condition' means that, based on its present or reasonably anticipated financial condition, a risk retention group is unlikely to be able— "(A) to meet obligations to policyholders with respect to known claims and reasonably anticipated claims; or < "(B) to pay other obligations in the normal course of business.".

SEC. 4. REQUIREMENTS RELATING TO RISK RETENTION GROUPS AND PURCHASING GROUPS. (a) CHARACTERISTICS OF RISK RETENTION GROUPS AND THEIR MEM-

BERS.—(1) Section 2(a)(4) (15 U.S.C. 3901(a)(4)) is amended by striking "taxable as a corporation, or as an insurance company, formed under the laws of any State, Bermuda, or the Cayman Islands". (2) Subparagraph (A) of such section is amended by striking "product liability or completed operations liability risk exposure" and inserting "liability exposure". (3) Subparagraph (C) of such section is amended to read as follows: "(C) which— ':,^ "(i) is chartered or licensed as a liability insurance .>: company under the laws of a State and authorized to engage in the business of insurance under the laws of such State; or "(ii) before January 1, 1985, was chartered or licensed and authorized to engage in the business of insurance under the laws of Bermuda or the Cayman Islands and, before such date, had certified to the insurance commissioner of at least one State that it satisfied the capitalization requirements of such State, except that
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any such group shall be considered to be a risk retention group only if it has been engaged in business I,,> continuously since such date and only for the purpose of continuing to provide insurance to cover product liability or completed operations liability (as such terms were defined in this section before the date of the enactment of the Risk Retention Act of 1986);". (4) Such section is further amended— (A) by striking "and" at the end of subparagraph (D); and (B) by striking subparagraph (E) and inserting the following new subparagraphs: "(E) which— "(i) has as its owners only persons who comprise the membership of the risk retention group and who are provided insurance by such group; or ''*r;t,^ "(ii) has as its sole owner an organization which has as—

"(I) its members only persons who comprise the membership of the risk retention group; and "(II) its owners only persons who comprise the membership of the risk retention group and who are provided insurance by such group; "(F) whose members are engaged in businesses or activities similar or related with respect to the liability to which such members are exposed by virtue of any related, similar, or common business, trade, product, services, premises, or operations;

Corporations. Business and industry. Bermuda. Cayman Islands.

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Page:United States Statutes at Large Volume 100 Part 4.djvu/244

 100 STAT. 3172

PUBLIC LAW 99-563—OCT. 27, 1986

"(G) whose activities do not include the provision of insurance other than— "(i) habihty insurance for assuming and spreading all ^ or any portion of the similar or related liability exposure of its group members; and •^ '<^^ "(ii) reinsurance with respect to the similar or related liability exposure of any other risk retention group (or any member of such other group) which is engaged in businesses or activities so that such group (or member) meets the requirement described in subparagraph (F) for membership in the risk retention group which provides such reinsurance; and >...: "(jj) ^jjg name of which includes the phrase 'Risk Retention Group'.", (b) CHARACTERISTICS OF PURCHASING GROUPS.—Section 2(a)(5) (15 U.S.C. 3901(a)(5)) is amended to read as follows: "(5)'purchasing group'means any group which— "(A) has as one of its purposes the purchase of liability insurance on a group basis; "(B) purchases such insurance only for its group members and only to cover their similar or related liability exposure, as described in subparagraph (C); "(C) is composed of members whose businesses or activities are similar or related with respect to the liability to which members are exposed by virtue of any related, similar, or common business, trade, product, services, premises, or operations; and "(D) is domiciled in any State;". '^ - ^ SEC. 5. CONCERNING SCOPE OF EXEMPTIONS RELATING TO RISK RETENTION GROUPS.

Business and industry.

Securities.

(a) IN GENERAL.—Section 3(b) (15 U.S.C. 3902(b)) is amended to read as follows: "0>) The exemptions specified in subsection (a) apply to laws governing the insurance business pertaining to— "(1) liability insurance coverage provided by a risk retention group for— --•' "(A) such group; or "(B) any person who is a member of such group; "(2) the sale of liability insurance coverage for a risk retention group; and "(3) the provision of^^ "(A) insurance related services; "(B) mgmagement, operations, and investment activities;

Claims.

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"(C) loss Control and claims administration (including loss control and claims administration services for uninsured risks regained by any member of such group); for a risk retention group or any member of such group with respect to liability for which the group provides insurance.".

(b) PLANS OF OPERATION, FEASIBILITY STUDIES, AND FINANCIAL

STATEMENTS.—Section 3 (15 U.S.C. 3902) is further amended— (1) in subsection (a)(D— (A) by striking subparagraph (D) and redesignating subparagraphs (E), (F), and (G) as subparagraphs (D), (E), and (F), accordingly; and

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Page:United States Statutes at Large Volume 100 Part 4.djvu/245

 PUBLIC LAW 99-563—OCT. 27, 1986

100 STAT. 3173

'

(B) by striking all that follows after "documents or process" in subparagraph (D) (as redesignated) and inserting a semicolon; and (2) by adding at the end of such section the following new subsection: "(d) Each risk retention group shall submit— "(1) to the insurance commissioner of the State in which it is chartered— "(A) before it may offer insurance in any State, a plan of operation or a feasibility study which includes the coverages, deductibles, coverage limits, rates, and rating classification systems for each line of insurance the group intends to offer; and "(B) revisions of such plan or study if the group intends to offer any additional lines of liability insurance; "(2) to the insurance commissioner of each State in which it intends to do business, before it may offer insurance in such State— "(A) a copy of such plan or study (which shall include the name of the State in which it is chartered and its principal place of business); and "(B) a copy of any revisions to such plan or study, as provided in paragraph (I)(B) (which shall include any change in the designation of the State in which it is chartered); and "(3) to the insurance commissioner of each State in which it is doing business, a copy of the group's annual financial statement submitted to the State in which the group is chartered as an insurance company, which statement shall be certified by an independent public accountant and contain a statement of opinion on loss and loss adjustment expense reserves made by— "(A) a member of the American Academy of Actuaries, or "(B) a qualified loss reserve specialist.". (c) EXAMINATION OF FINANCIAL CONDITION.—Section 3(a)(l)(E) (as redesignated by subsection (b)) is amended— (1) by striking clause (i); ,^ (2) by redesignating clause (ii) as clause (i); and (3) by adding at the end the following new clause: "(ii) any such examination shall be coordinated to avoid unjustified duplication and unjustified repetition;".

15 USC 3902.

(d) COMPLIANCE WITH DELINQUENCY PROCEEDING ORDERS.—Section

3(a)(l)(F) (as redesignated by subsection (b)) is amended to read as follows: "(F) comply with a lawful order issued— "(i) in a delinquency proceeding commenced by the State insurance commissioner if there has been a finding of financial impairment under subparagraph (E); or "(ii) in a voluntary dissolution proceeding;". (e) ADDITIONAL STATE LAW REQUIREMENTS.—Section 3(a)(l) (15

U.S.C. 3902(a)(l)) is further amended by adding at the end the following new subparagraphs: "(G) comply with any State law regarding deceptive, false, or fraudulent acts or practices, except that if the State seeks an injunction regarding the conduct described in this subparagraph, such injunction must be obtained from a court of competent jurisdiction;

Fraud.

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Page:United States Statutes at Large Volume 100 Part 4.djvu/246

 100 STAT. 3174

PUBLIC LAW 99-563—OCT. 27, 1986

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"(H) comply with an injunction issued by a court of competent jurisdiction, upon a petition by the State insurance commissioner alleging that the group is in hazardous financial condition or is financially impaired; and "(I) provide the following notice, in 10-point type, in any insurance policy issued by such group:

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NOTICE

" 'This policy is issued by your risk retention group. Your risk retention group may not be subject to all of the insurance laws and regulations of your State. State insurance insolvency guaranty funds are not available for your risk retention group.' ". SEC. 6. ADDITIONAL REQUIREMENTS RELATING TO PURCHASING GROUPS.

Post, p. 3175.

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Section 4 (15 U.S.C. 3903) is amended by adding at the end the following new subsections: "(d)(1) A purchasing group which intends to do business in any State shall furnish notice of such intention to the insurance commissioner of such State. Such notice— "(A) shall identify the State in which such group is domiciled; "(B) shall specify the lines and classifications of liability insurance which the purchasing group intends to purchase; "(C) shall identify the insurance company from which the group intends to purchase insurance and the domicile of such company; and "(D) shall identify the principal place of business of the group. "(2) Such purchasing group shall notify the commissioner of any such State as to any subsequent changes in any of the items provided in such notice. "(e) A purchasing group shall register with and designate the State insurance commissioner of each State in which it does business as its agent solely for the purpose of receiving service of legal documents or process, except that such requirement shall not apply in the case of a purchasing group— "(1) which— "(A) was domiciled before April 1, 1986; and "(B) is domiciled on and after the date of the enactment of this Act; in any State of the United States; "(2) which— ' ' "(A) before the date of the enactment of this Act, pur!.'^ \ chased insurance from an insurance carrier licensed in any State; and "(B) since such date of enactment, purchases its insurance from an insurance carrier licensed in any State; "(3) which was a purchasing group under the requirements of this Act before the date of the enactment of the Risk Retention Amendments of 1986; and "(4) as long as such group does not purchase insurance that was not authorized for purposes of an exemption under this Act as in effect before the date of the enactment of the Risk Retention Amendments of 1986. "(f) A purchasing group may not purchase insurance from a risk retention group that is not chartered in a State or from an insurer not admitted in the State in which the purchasing group is located, unless the purchase is effected through a licensed agent or broker

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Page:United States Statutes at Large Volume 100 Part 4.djvu/247

 PUBLIC LAW 99-563—OCT. 27, 1986

100 STAT. 3175

acting pursuant to the surplus lines laws and regulations of such State.". SEC. 7. CONCERNING AUTHORITY OF STATES TO ENJOIN CERTAIN CONDUCT.

. Section 3 (15 U.S.C. 3902), as amended by section 5(b) of this Act, is further amended by adding at the end the following new subsection: "(e) Nothing in this section shall be construed to affect the authority of any Federal or State court to enjoin— "(1) the solicitation or sale of insurance by a risk retention group to any person who is not eligible for membership in such group; or "(2) the solicitation or sale of insurance by, or operation of, a risk retention group that is in hazardous financial condition or is financially impaired.".

,

,

SEC. 8. ADDITIONAL CLARIFICATION OF PERMISSIBLE STATE AUTHORITY. (a) CLARIFICATION OF STATE AUTHORITY RESPECTING RISK RETEN-

TION GROUPS.—Section 3 (15 U.S.C. 3902), as amended by sections 5(b) and 7 of this Act, is further amended by adding at the end the following new subsections: "(f)(1) Subject to the provisions of subsection (a)(1)(G) (relating to injunctions) and paragraph (2), nothing in this Act shall be construed to affect the authority of any State to make use of any of its powers to enforce the laws of such State with respect to which a risk retention group is not exempt under this Act. "(2) If a State seeks an injunction regarding the conduct described in paragraphs (1) and (2) of subsection (e), such injunction must be obtained from a Federal or State court of competent jurisdiction. "(g) Nothing in this Act shall affect the authority of any State to bring an action in any Federal or State court. "(h) Nothing in this Act shall be construed to affect the authority of any State to regulate or prohibit the ownership interest in a risk retention group by an insurance company in that State, other than in the case of ownership interest in a risk retention group whose members are insurance companies.". (b) CLARIFICATION OF STATE AUTHORITY RESPECTING PURCHASING

GROUPS.—Section 4 (15 U.S.C. 3903), as amended by section 6 of this Act, is further amended— (1) in subsection (a), by inserting "and section 6" after "section"; and (2) by adding at the end the following new subsections: "(g) Nothing in this Act shall be construed to affect the authority of any State to make use of any of its powers to enforce the laws of such State with respect to which a purchasing group is not exempt under this Act. "(h) Nothing in this Act shall affect the authority of any State to bring an action in any Federal or State court.". (c) OTHER CLARIFICATION.—The Act is further amended by adding at the end the following new section:

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"CLARIFICATION CONCERNING PERMISSIBLE STATE AUTHORITY

"SEC. 6. (a) Nothing in this Act shall be construed to exempt a risk retention group or purchasing group authorized under this Act from

Motor vehicles. ^^ ^SC 3905.

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Page:United States Statutes at Large Volume 100 Part 4.djvu/248

 100 STAT. 3176

15 USC 3902.

PUBLIC LAW 99-563—OCT. 27, 1986

the policy form or coverage requirements of any State motor vehicle no-fault or motor vehicle financial responsibility insurance law. "(b) The exemptions provided under this Act shall apply only to the provision of liability insurance by a risk retention group or the purchase of liability insurance by a purchasing group, and nothing in this Act shall be construed to permit the provision or purchase of any other line of insurance by any such group. "(c) The terms of any insurance policy provided by a risk retention group or purchased by a purchasing group shall not provide or be construed to provide insurance policy coverage prohibited generally by State statute or declared unlawful by the highest court of the State whose law applies to such policy. "(d) Subject to the provisions of section 3(a)(4) relating to discrimination, nothing in this Act shall be construed to preempt the authority of a State to specify acceptable means of demonstrating financial responsibility where the State has required a demonstration of financial responsibility as a condition for obtaining a license or permit to undertake specified activities. Such means may include or exclude insurance coverage obtained from an admitted insurance company, an excess lines company, a risk retention group, or any other source regardless of whether coverage is obtained directly from an insurance company or through a broker, agent, purchasing group, or any other person.". SEC. 9. INJUNCTIVE POWERS OF FEDERAL COURTS.

The Act, as amended by section 8(c) of this Act, is further amended by adding at the end the following new section: "INJUNCTIVE ORDERS ISSUED BY UNITED STATES DISTRICT COURTS

15 USC 3906.

"SEC. 7. Any district court of the United States may issue an order enjoining a risk retention group from soliciting or selling insurance, or operating, in any State (or in all States) or in any territory or possession of the United States upon a finding of such court that such group is in hazardous financial condition. Such order shall be binding on such group, its officers, agents, and employees, and on any other person acting in active concert with any such officer, agent, or employee, if such other person has actual notice of such order.". SEC, 10. OVERSIGHT OF IMPLEMENTATION; REPORT TO CONGRESS.

15 USC 3901 note.

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(a) IN GENERAL.—(1) Not later than September 1, 1987, and not later than September 1, 1989, the Secretary of Commerce shall submit reports to the Congress concerning implementation of this Act. (2) Such report shall be based on— (A) the Secretary's consultation with State insurance commissioners, risk retention groups, purcheising groups, and other interested parties; and (B) the Secretary's analysis of other information available to the Secretary. (b) CONTENTS OF THE REPORT.—The report shall describe the Secretary's views concerning— (1) the contribution of this Act toward resolution of problems ^'^ relating to the unavailability and unaffordability of liability insurance; ^ iv-5»

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 PUBLIC LAW 99-563—OCT. 27, 1986

100 STAT. 3177

(2) the extent to which the structure of regulation and preemption established by this Act is satisfactory; (3) the extent to which, in the implementation of this Act, the public is protected from unsound financial practices and other commercial abuses involving risk retention groups and purchasing groups; (4) the causes of any financial difficulties of risk retention groups and purchasing groups; (5) the extent to which risk retention groups and purchasing groups have been discriminated against under State laws, practices, and procedures contrary to the provisions and underlying policy of this Act and the Product Liability Risk Retention Act (as amended by this Act); and (6) such other comments and conclusions as the Secretary deems relevant to assessment of the implementation of this Act. SEC. 11. EFFECTIVE DATE; APPLICABILITY.

(a) GENERAL RULE.—Subject to subsection (b), this Act shall take effect on the date of its enactment. (b) SPECIAL RULE REGARDING FEASIBILITY STUDY.—The provisions of section 3(d) of the Liability Risk Retention Act of 1986 (as added by section 5(b) of this Act), relating to the submission of a feasibility study, shall not apply with respect to any line or classification of liability insurance wMch— (1) was defined in the Product Liability Risk Retention Act of 1981 before the date of the enactment of this Act; and (2) was offered before such date of enactment by any risk retention group which has been chartered and operating for not less than 3 years before such date of enactment.

15 USC 3901 note. 15 USC 3901 note.

15 USC 3901 note.

(c) RULE REGARDING POLLUTION LIABILITY.—

(1) Section 210 of the Superfund Amendments and Reauthorization Act of 1986 is amended by inserting "(a)" following "Pollution Liability Insurance" and adding at the end thereof the following: "(b) For purposes of subsection (a) of this section, the powers and authorities of States addressed by the Risk Retention Amendments of 1986 are in addition to those of this Act.". (2) Nothing in this Act shall be construed, interpreted or applied to diminish the obligations of any person to establish or maintain evidence of financial responsibility or otherwise comply with any of the requirements of Federal environmental laws, including but not limited to the (I!omprehensive Environmental Response, C!ompensation and Liability Act of 1980 and the Solid Waste Disposal Act. SEC. 12. T E C H N I C A L AND CONFORMING AMENDMENTS.

(a) I N THE SHORT TITLE.—Section 1 (15 U.S.C. 3 9 0 1, note) i s

Ante, p. 1716.

42 USC 9671 note. 15 USC 3901 note.

42 USC 9601 note. 42 USC 6901 note. Ante, p. 3170.

amended to read as follows: SHORT TITLE "SECTION 1. This Act may be cited as the 'Liability Risk Retention

Act of 1986'." (b) IN SECTION 2(b).—Section 2(b) (15 U.S.C. 3901(b)) is amended by striking "product liability and product liability insurance" and inserting "liability, personal risk liability, and insurance".

Liability Risk Retention Act of 1986.

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Page:United States Statutes at Large Volume 100 Part 4.djvu/250

 100 STAT. 3178

PUBLIC LAW 99-563—OCT. 27, 1986

(c) IN SECTION 3(a)(1)(C).—Section 3(a)(1)(C) (15 U.S.C. 3902(a)(l)(C)) is amended by striking "product liability or completed operations". (d) IN SECTION 4(b).—Section 4(b) (15 U.S.C. 3903(b)) is amended— (1) in paragraph (1), by striking "product liability or completed operations liability insurance, and comprehensive general liability insurance which includes either of these coverages," and inserting "liability insurance"; and (2) in paragraph (2), by striking "product liability or completed operations insurance, and comprehensive general". Approved October 27, 1986.

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LEGISLATIVE HISTORY—S. 2129 (H.R. 5225): HOUSE REPORTS: No. 99-865 accompanying H.R. 5225 (Cbmm. on Energy and Commerce). SENATE REPORTS: No. 99-294 (Comm. on Commerce, Science, and Transportation). CONGRESSIONAL RECORD, Vol. 132 (1986): July 17, considered and passed Senate. Sept. 23, H.R. 5225 considered and passed House; proceedings vacated and S. 2129, amended, passed in lieu. Oct. 6, Senate concurred in House amendments with an amendment. Oct. 9, House concurred in Senate amendment.

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Page:United States Statutes at Large Volume 100 Part 4.djvu/251

 PUBLIC LAW 99-564—Oct. 27, 1986

100 STAT. 3179

Public Law 99-564 99th Congress An Act To amend an Act to add certain lands on the Island of Hawaii to Hawaii Volcanoes National Park, and for other purposes.

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

Oct. 27, 1986 [S. 2320] Real property.

SECTION 1. ADDITION TO HAWAII VOLCANOES NATIONAL PARK.

The Act entitled "An Act to add certain lands on the Island of Hawaii to the Hawaii National Park, and for other purposes" (52 Stat. 781; 16 U.S.C. 391b) is amended by adding at the end the following new section: "SEC. 5, (a) Notwithstanding any other provision of this Act, the Secretary of the Interior (hereinafter referred to as the 'Secretary') is authorized to acquire by donation or exchange the land and interests therein comprising approximately 5,650 acres and identified as tract number 118/22 on the map entitled 'Recommended Land Acquisition', in the Hawaii Volcanoes National Park Land Protection Plan as recommended May 17, 1985, which plan shall be on file and available for public inspection in the Office of the Director, National Park Service, Department of the Interior, Washington, D.C. and the Office of the Superintendent, Hawaii Volcanoes National Park, Hawaii. "(b) In exercising his authority to acquire the real property referred to in subsection (a) by exchange, the Secretary may accept title thereto and in exchange therefor he may convey to the grantor of such real property title to any United States Government real property under his administrative jurisdiction, other than real property within or administered as a part of the National Park System, in the State of Hawaii which he determines is suitable for such exchange. The values of the properties exchanged shall be approximately equal, or if they are not approximately equal, the values shall be equalized by the payment of money to the grantor or to the Secretary as the circumstances require. In no circumstance shall an equalization payment exceed one fourth (25 percent) the appraised value of the real property referred to in subsection (a). Any money paid to the Secretary shall be deposited as miscellaneous receipts in the Treasury of the United States. "(c) Real property owned by the State of Hawaii or any political subdivision thereof may be acquired only by donation or exchange. "(d)(1) In order to facilitate the acquisition of the real property referred to in subsection (a) by exchange, notwithstanding any other provision of law, upon request of the Secretary, the Administrator of General Services shall transfer to the Secretary, without reimbursement, administrative jurisdiction over any excess or surjilus United States Government real property in the State of Hawaii for purposes of such an exchange. "(2) For the purposes of a land exchange with the State of Hawaii, the Secretary shall consult with the State of Hawaii in the process

Public information. 16 USC 392c.

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text:
Page:United States Statutes at Large Volume 100 Part 4.djvu/252

 100 STAT. 3180

,^ ,, ' -:.. Appropriation authorization.

PUBLIC LAW 99-564—Oct. 27, 1986

of identifying suitable exchange lands belonging to the United States Government. "(3) For the purposes of a land exchange with the State of Hawaii, real property owned by the United States Government and selected for use in a land exchange shall not be from among those lands ceded to the United States Government. "(e) The real property acquired by the Secretary pursuant to this section shall be administered by the Secretary as part of Hawaii Volcanoes National Park, subject to the laws and regulations applicable to the Park. "(f) There is hereby authorized to be appropriated up to $700,000 to Carry out the purpose of this section.". Approved October 27, 1986.

LEGISLATIVE HISTORY—S. 2320: HOUSE REPORTS: No. 99-971 (Comm. on Interior and Insular Affairs). SENATE REPORTS: No. 99-418 (Comm. on Energy and Natural Resources). CONGRESSIONAL RECORD, Vol. 132 (1986): Sept. 10, considered and passed Senate. Oct. 10, considered and passed House.

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Page:United States Statutes at Large Volume 100 Part 4.djvu/253

 PUBLIC LAW 99-565—OCT. 27, 1986

100 STAT. 3181

Public Law 99-565 99th Congress An Act To establish a Great Basin National Park in the State of Nevada, and for other purposes.

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

Oct. 27, 1986 [S. 2506]

SHORT TITLE

Great Basin National Park Act of 1986.

1. This Act may be known as the "Great Beisin National Park Act of 1986".

16 USC 410mm note.

SECTION

ESTABLISHMENT

SEC. 2. (a) In order to preserve for the benefit and inspiration of the people a representative segment of the Great Basin of the Western United States possessing outstanding resources and significant geological and scenic values, there is hereby established the Great Basin National Park (hereinafter in this Act referred to as the "park"). (b) The park shall consist of approximately seventy-six thousand acres, as depicted on the map entitled "Boundary Map, Great Basin National Park, Nevada," numbered NA-GB 20,017, and dated October 1986. The map shall be on file and available for public inspection in the offices of the National Park Service, Department of the Interior, and the Office of the Superintendent, Great Basin National Park, Nevada. (c) Within 6 months after the enactment of this Act, the Secretary of the Interior (hereinafter in this Act referred to as the "Secretary") shall file a legal description of the park designated under this section with the Committee on Interior and Insular Affairs of the United States House of Representatives and with the Committee on Energy and Natural Resources of the United States Senate. Such legal description shall have the same force and effect as if included in this Act, except that the Secretary may correct clerical and typographical errors in such legal description and in the map referred to in subsection (a). The legal description shall be on file and available for public inspection in the offices of the National Park Service, Department of the Interior. (d)(1) The Lehman Caves National Monument, designated on January 24, 1922, by Presidential proclamation under the authority contained in the Act of June 8, 1906 (34 Stat. 225) is hereby abolished and the lands incorporated within the Great Basin National Park. Any reference in any law, map, regulation, document, record, or other paper of the United States to such national monument shall be deemed to be a reference to Great Basin National Park. (2) Any funds available for purposes of the national monument shall be available for purposes of the park.

16 USC 410mm.

Public information.

Public information.

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Page:United States Statutes at Large Volume 100 Part 4.djvu/254

 100 STAT. 3182

PUBLIC LAW 99-565—OCT. 27, 1986 ADMINISTRATION

Conservation. Fish and fishing. Wildlife.

16 USC

410mm-l.

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.fjiori)!^ IW,'}

30 USC 1001 note.

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SEC. 3. (a) The Secretary shall administer the park in accordance with this Act and with the provisions of law generally applicable to units of the national park system, including the Act entitled "An Act to establish a National Park Service, and for other purposes," approved August 26, 1916 (39 Stat. 535; 16 U.S.C. 1-4). The Secretary shall protect, manage, and administer the park in such manner as to conserve and protect the scenery, the natural, geologic, historic, and archaeological resources of the park, including fish and wildlife and to provide for the public use and enjoyment of the same in such a manner as to perpetuate these qualities for future generations. (b) The Secretary shall permit fishing on lands and waters under his jurisdiction within the park in accordance with the applicable laws of the United States and the State of Nevada, except that he may designate zones where, and periods when, no fishing may be permitted for reasons of public safety. Except in emergencies, any regulations prescribing such restrictions relating to fishing, shall be put into effect only after consultation with the appropriate State agency having jurisdiction over fishing activities. (c) After notice and opportunity for public hearing, the Secretary shall prepare a management plan for the park. The Secretary shall submit such plan to the Committee on Interior and Insular Affairs of the United States House of Representatives and with the Committee on Energy and Natural Resources of the United States Senate within three years after the enactment of this Act. Such plan may be amended from time to time. The plan shall include, but not be limited to, provisions related to grazing within the park to the extent permitted under subsection (e) and provisions providing for the appropriate management of fish and wildlife and fishing within the park in accordance with subsection Qy). Such provisions shall be adopted only after consultation with the appropriate State agency having jurisdiction over fish and wildlife. (d) Subject to valid existing rights, Federal lands and interests therein, within the park, are withdrawn from disposition under the public lands laws and from entry or appropriation under the mining laws of the United States, from the operation of the mineral leasing laws of the United States, and from operation of the Geothermal Steam Act of 1970, as amended. (e) Subject to such limitations, conditions, or regulations as he may prescribe, the Secretary shall permit grazing on lands within the park to the same extent as was permitted on such lands as of July 1, 1985. Grazing within the park shall be administered by the National Park Service. (f) At the request of the permittee, or at the initiative of the Secretary, negotiations may take place at any time with holders of valid existing grazing permits on land within the park, for an exchange of all or part of their grazing allotments for allotments outside the park. No such exchange shall take place if, in the opinion of the affected Federal land management agency, the exchange would result in overgrazing of Federal lands. (g) Existing water-related range improvements inside the park may be maintained by the Secretary or the persons benefitting from them, subject to reasonable regulation by the Secretary. (h) Nothing in this Act shall be construed to establish a new express or implied reservation to the United States of any water or water-related right with respect to the land described in section 2 of

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text:
Inheritance

 * The Inheritance, a collection of stories by Josephine Dodge Daskam Bacon
 * The Inheritance, a novel by Susan Edmonstoune Ferrier
 * "Inheritance", a poem by Clark Ashton Smith
 * "The Inheritance", a short story by Arthur Train
 * "The Inheritance", a short story by Arthur Train

title: Inheritance


text:
Page:United States Statutes at Large Volume 100 Part 4.djvu/255

 PUBLIC LAW 99-565—OCT. 27, 1986

100 STAT. 3183

this Act: Provided, That the United States shall be entitled to only that express or implied reserved water right which may have been associated with the initial establishment and withdrawal of Humboldt National Forest and the Lehman Caves National Monument from the public domain with respect to the land described in section 2 of this Act. No provision of this Act shall be construed as authorizing the appropriation of water, except in accordance with the substantive and procedural law of the State of Nevada. (i) In order to encourage unified and cost-effective interpretation of the Great Basin physiographic region, the Secretary is authorized and encouraged to enter into cooperative agreements with other Federal, State, and local public departments and agencies providing for the interpretation of the Great Basin physiographic region. Such agreements shall include, but not be limited to, authority for the Secretary to develop and operate interpretive facilities and programs on lands and waters outside of the boundaries of such park, with the concurrence of the owner or administrator thereof. ulmi-y^

ACQUISITION OF LAND

SEC. 4. (a) The Secretary may acquire land or interests in land within the boundaries of the park by donation, purchase with donated or appropriated funds, or exchsmge, but no such lands or interests therein may be acquired without the consent of the owner thereof. Lands owned by the State of Nevada or any political subdivision thereof may be acquired only by donation or exchange. (b) Lands and waters, and interests therein, within the boundaries of the park which were administered by the Forest Service, United States Department of Agriculture prior to the date of enactment of this Act are hereby transferred to the administrative jurisdiction of the Secretary to be administered in accordance with this Act. The boundaries of the Humboldt National Forest shall be adjusted accordingly. ......

State and local governments.

16 USC

410mm-2.

AUTHORIZATION OF APPROPRIATIONS

SEC. 5. (a) Not more than $800,000 are authorized to be appropriated for development of the park. (b) Not more than $200,000 are authorized to be appropriated for acquisition of lands and interests in land within the park. Approved October 27, 1986.

LEGISLATIVE HISTORY—S. 2506: SENATE REPORTS: No. 99-458 (Comm. on Energy and Natural Resources). CONGRESSIONAL RECORD, Vol. 132 (1986): Sept. 30, considered and passed Senate. Oct. 6, considered and passed House, amended. Oct. 9, Senate concurred in House amendments.

16 USC

410mm-3.

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Page:United States Statutes at Large Volume 100 Part 4.djvu/256

 100 STAT. 3184

PUBLIC LAW 99-566—OCT. 27, 1986

Public Law 99-566 99th Congress Oct. 27, 1986 [S. 2750]

Houlton Band of Maliseet Indians Supplementary Claims Settlement Act of 1986. 25 USC 1724 note. 25 USC 1724 note.

An Act To establish a property tax fund for the Houlton Band of Maliseet Indians in furtherance of the Maine Indian Claims Settlement Act of 1980, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Houlton Band of Maliseet Indians Supplementary Claims Settlement Act of 1986". '''

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DEFINITIONS

SEC. 2. For purposes of this Act— (1) The term "Houlton Band Tax Fund" means the fund established under section 3. (2) The term "Houlton Band trust land" means land or natural resources acquired by the Secretary of the Interior and held in trust by the United States for the benefit of the Houlton Band of Maliseet Indians in accordance with section 5(d) of the Maine Indian Claims Settlement Act of 1980 (25 U.S.C. 1724(d); 94 Stat. 1789). (3) The term "amended Maine Implementing Act" means the Maine Implementing Act (defined in section 3(e) of the Maine Indian Claims Settlement Act of 1980 (25 U.S.C. 1722(e); 94 Stat. 1787)) as amended by— (A) the "Act to amend the Maine Implementing Act with respect to the Houlton Band of Maliseet Indians", enacted by the State of Maine in chapter 675 of the Public Laws of 1981, and (B) the State of Maine in chapter 672 of the Public Laws of 1985. (4) The term "Secretary" means the Secretary of the Interior. (5) The term "Houlton Band of Maliseet Indians" has the meaning given to such term by section 3(a) of the Maine Indian Claims Settlement Act of 1980 (25 U.S.C. 1722(a)). HOULTON BAND TAX FUND

25 USC 1724 note.

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SEC. 3. (a) There is hereby established in the United States Treasury a fund to be known as the Houlton Band Tax Fund in which shall be deposited $200,000 in accordance with the provisions of this Act. (b)(1) Income accrued on the land acquisition fund established for the Houlton Band of Maliseet Indians pursuant to subsections (c) and (d)(1) of section 5 of the Maine Indian Claims Settlement Act of 1980 (25 U.S.C. 1724; 94 Stat. 1789) shall be transferred to the Houlton Band Tax Fund. No transfer shall be made under this subsection if such transfer would diminish such land acquisition fund to a balance of less than $900,000.

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Page:United States Statutes at Large Volume 100 Part 4.djvu/257

 PUBLIC LAW 99-566—OCT. 27, 1986

100 STAT. 3185

(2) Whenever funds are transferred to the Houlton Band Tax Fund pursuant to paragraph (1), the Secretary shall publish notice of such transfer in the Federal Register. Such notice shall specify when the full amount of $200,000 has been transferred to the Houlton Band Tax Fund. (c) The Secretary shall manage the Houlton Band Tax Fund in accordance with the first section of the Act of June 24, 1938 (25 U.S.C. 162a), and shall utilize the principal and interest of such Fund only as provided in subsection (d) and for no other purpose. (d) Notwithstanding the provisions of section 3727 of title 31, United States Code, the Secretary shall pay out of the Houlton Band Tax Fund all valid claims for taxes, payments in lieu of property taxes, and fees, together with any interest and penalties thereon— (1) for which the Houlton Band of Maliseet Indians are determined to be liable under the terms of section 6208-A(2) of the amended Maine Implementing Act, (2) which are final and not subject to further administrative or judicial review, and ^ (3) which have been certified by the Commissioner of Finance and Administration of the State of Maine as valid claims (within the meaning of section 6208-A(2) of the amended Maine Implementing Act) that meet the requirements of this subsection. (e) Notwithstanding any other provision of law, if— (1) the Houlton Band of Maliseet Indians is liable to the State of Maine or any county, district, municipality, city, town, village, plantation, or any other political subdivision thereof for any tax, pa3m:ient in lieu of property tax, or fees, together with any interest or penalties thereon, and (2) there are insufficient funds in the Houlton Band Tax Fund to pay such tax, payment, or fee (together with any interest or penalties thereon) in full, the deficiency shall be paid by the Houlton Band of Maliseet Indians only from income-producing property owned by such Band which is not held in trust for such Band by the United States, and such Band shall not be required to pay such tax, payment, or fee (or any interest or penalty thereon) from any other source. (f) The Secretary shall, after consultation with the Commissioner of Finance and Administration of the State of Maine and the Houlton Band of Maliseet Indians, prescribe written procedures governing the filing and payment of claims under this section and section 6208-A of the amended Maine Implementing Act.

Federal Register, publication.

Claims.

Maine.

HOULTON BAND TRUST LAND

SEC. 4. (a) Subject to the provisions of section 3 of this Act, the Secretary is authorized and directed to expend, at the request of the Houlton Band of Maliseet Indians, the principal of, and income accruing on, the land acquisition fund established for such Band under subsections (c) and (d)(1) of section 5 of the Maine Indian Claims Settlement Act of 1980 (25 U.S.C. 1724; 94 Stat. 1789) for the purposes of acquiring land or natural resources for such Band and for no other purpose. Land or natural resources so acquired within the State of Maine for such Band shall be held in trust by the United States for the benefit of such Band.

Maine. Natural resources. 25 USC 1724 note.

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Page:United States Statutes at Large Volume 100 Part 4.djvu/258

 100 STAT. 3186

PUBLIC LAW 99-566—OCT. 27, 1986

(b)(1) Land or natural resources acquired with funds expended under the authority of subsection (a) and held in trust for the benefit of the Houlton Band of Maliseet Indians may be alienated only by— (A) takings for public use pursuant to the laws of the State of Maine as provided in subsection (c), (B) takings for public use pursuant to the laws of the United States, (C) transfers authorized by section 5(g)(3) of the Maine Indian Claims Settlement Act of 1980 (25 U.S.C. 1724(g)(3); 94 Stat. ^ ^^.,,, 1791), or • (D) transfers made pursuant to an Act or joint resolution of Congress. All other transfers of land or natural resources acquired with funds expended under the authority of subsection (a) and held in trust for the benefit of such Band shall be void ab initio and without any validity in law or equity. (2) The provisions of paragraph (1) shall not prohibit or limit transfers of individual use assignments of land or natural resources from one member of the Houlton Band of Maliseet Indians to another member of such Band. (c)(1) Land or natural resources acquired with funds expended under the authority of subsection (a) and held in trust for the benefit of the Houlton Band of Maliseet Indians may be condemned for public purposes by the State of Maine, or any political subdivision thereof, only upon such terms and conditions as shall be agreed upon in writing between the State and such Band after the date of enactment of this Act. (2) The consent of the United States is hereby given to the State of Maine to further amend the amended Maine Implementing Act for the purpose of embodying the agreement described in paragraph (1). (d)(1) Lands and natural resources may be acquired by the Secretary for the Houlton Band of Maliseet Indians only if the Secretary has, at any time prior to such acquisition— (A) transmitted a letter to the Secretary of State of the State f of Maine stating that the Houlton Band Tax Fund contains $200,000, and (B) provided the Secretary of State of the State of Maine with -, ^, a copy of the procedures for filing and payment of claims prescribed under section 3(f). (2)(A) No land or natural resources may be acquired by the Secretary for the Houlton Band of Maliseet Indians until the Secretary— (i) files with the Secretary of State of the State Of Maine a certified copy of the deed, contract, or other conveyance-setting forth the location and boundaries of the land or natural resources to be acquired by the Secretary, or > (ii) files with the Secretary of State of the State of Maine a ' certified copy of any instrument setting forth the location and '.UH- '- boundaries of the land or natural resources to be acquired.

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Page:United States Statutes at Large Volume 100 Part 4.djvu/259

 PUBLIC LAW 99-566—OCT. 27, 1986

100 STAT. 3187

(B) For purposes of subparagraph (A), filing with the Secretary of State of the State of Maine may be made by mail and, if such method of filing is used, shall be considered to be completed on the date on which the document is properly mailed to the Secretary of State of the State of Maine. ' Approved October 27, 1986.

LEGISLATIVE HISTORY—S. 2750: SENATE REPORTS: No. 99-469 (Select Comm. on Indian Affairs). CONGRESSIONAL RECORD, Vol. 132 (1986): Sept. 24, considered and passed Senate. Oct. 10, considered and passed House.

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Page:United States Statutes at Large Volume 100 Part 4.djvu/260

 100 STAT. 3188

PUBLIC LAW 99-567—OCT. 27, 1986

Public Law 99-567 99th Congress An Act Oct. 27, 1986 [S. 2914]

15 USC 637.

15 USC 637 note.

Contracts.

Securities.

To extend through fiscal year 1988 SBA Pilot Programs under section 8 of the Small Business Act.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. (a) Subparagraph (B) of section 8(a)(l) of the Small Business Act is amended by striking out "(other than the Department of Defense or any component thereof)". (b) The designation of an agency pursuant to the amendment made by subsection (a) shall be made not later than sixty days after the date of enactment of this Act. SEC. 2. The last sentence of section 8(a)(l) of the Small Business Act is amended to read as follows: "No contract may be entered into under subparagraph (B) after September 30, 1988.". SEC. 3. The last sentence of section 8(a)(2) is amended to read as follows: "The authority to waive bonds provided in this paragraph (2) may not be exercised after September 30, 1988.". Approved October 27, 1986.

LEGISLATIVE HISTORY—S. 2914: CONGRESSIONAL RECORD, Vol. 132 (1986): Oct. 9, considered and peissed Senate. Oct. 14, considered and passed House.

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Page:United States Statutes at Large Volume 100 Part 4.djvu/261

 PUBLIC LAW 99-568—OCT. 27, 1986

100 STAT. 3189

Public Law 99-568 99th Congress Joint Resolution • To designate the month of December 1986 as "Made in America Month".

Whereas the trade deficit in our country in 1985 reached a record level of $148,500,000,000; Whereas the 1986 trade deficit is predicted to increase still further; Whereas over 1,661,000 jobs have been lost in the manufacturing sector since 1972 as a direct result of imports; Whereas imports now account for more thah 20 per centum of all manufactured products sold in the United States; Whereas imports continue to grow at an increasing rate and constitute a larger and larger percentage of all manufactured goods sold in this Nation; Whereas the manufacturing sector of the United States economy is shrinking dramatically as a result of imports; Whereas a continuing flood of imports of manufactured goods could permanently reduce the manufacturing capacity of our Nation and, as a direct result, threaten our ability to respond to a national emergency and make the United States highly vulnerable to embargoes of a wide range of products necessary for the national defense and the smooth functioning of the national economy; Whereas there is little awareness of the country of origin of most products sold in the United States; and Whereas United States consumers should be aware of the impact that their purchase decisions could have on their own jobs and the economy as a whole: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the President is authorized and requested to issue a proclamation designating the month of December 1986, "Made in America Month" and to call upon Federal, State, and local government agencies, and the people ^f the United States to observe the month with appropriate programs, ceremonies, and activities. Approved October 27, 1986.

LEGISLATIVE HISTORY—S.J. Res. 392: CONGRESSIONAL RECORD, Vol. 132 (1986): Sept. 12, considered and passed Senate. Oct. 10, considered and passed House.

71_19Zt 0 - 89 - 10: QL. 3 PartA

Oct. 27, 1986 [S.J. Res. 392]

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Page:United States Statutes at Large Volume 100 Part 4.djvu/262

 100 STAT. 3190

PUBLIC LAW 99-569—OCT. 27, 1986

Public Law 99-569 99th Congress

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An Act Oct. 27, 1986 [H.R. 4759]

Intelligence Authorization

To authorize appropriations for fiscal year 1987 for intelligence and intelligencerelated activities of the United States Government, the Intelligence Community Staff, and the Central Intelligence Agency Retirement and Disability System, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be clted as the "Intelligence Authorization Act for Fiscal Year 1987'.

Act for Fiscal

^

Year 1987.

TITLE I—INTELLIGENCE ACTIVITIES AUTHORIZATION OF APPROPRIATIONS

SEC. 101. Funds are hereby authorized to be appropriated for fiscal year 1987 for the conduct of the intelligence and intelligence-related activities of the following elements of the United States Government: (1) The Central Intelligence Agency. (2) The Department of Defense. (3) The Defense Intelligence Agency. (4) The National Security Agency. (5) The Department of the Army, the Department of the Navy, and the Department of the Air Force. (6) The Department of State. t'jic (7) The Department of the Treasury. y. (8) The Department of Energy. " (9) The Federal Bureau of Investigation. ,. (10) The Drug Enforcement Administration. " ^

CLASSIFIED SCHEDULE OF AUTHORIZATIONS

SEC. 102. (a) The amounts authorized to be appropriated under section 101, and the authorized personnel ceilings as of September 30, 1987, for the conduct of the intelligence and intelligence-related activities of the elements listed in such section, are those specified in the classified Schedule of Authorizations prepared by the Committee of Conference to accompany H.R. 4759 of the Ninety-ninth Congress. That Schedule of Authorizations shall be made available to the Committees on Appropriations of the Senate and House of Representatives and to the President. The President shall provide for suitable distribution of the Schedule, or of appropriate portions of the Schedule, within the executive branch. 03) Funds appropriated to the Department of Defense for fiscal year 1987 for intelligence and intelligence-related activities and listed under the heading "ADDITIONAL SPECIFICALLY AUTHORIZED ACTIVITIES" in the Schedule of Authorizations to which subsection (a) refers, shall be considered to be specifically authorized by the Congress for such activities for purposes of section 502 of the

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Page:United States Statutes at Large Volume 100 Part 4.djvu/263

 PUBLIC LAW 99-569—OCT. 27, 1986

100 STAT. 3191

National Security Act of 1947, notwithstanding the absence of authorizations of appropriations for such activities in this Act.

souse414.

PERSONNEL CEILING ADJUSTMENTS

SEC. 103. The Director of Central Intelligence may authorize employment of civilian personnel in excess of the numbers authorized for fiscal year 1987 under sections 102 and 202 of this Act when he determines that such action is necessary to the performance of important intelligence functions, except that such number may not, for any element of the Intelligence Community, exceed 2 per centum of the number of civilian personnel authorized under such sections for such element. The Director of Central Intelligence shall promptly notify the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate whenever he exercises the authority granted by this section.

AUTHORITY FOR THE CONDUCT OF INTELLIGENCE ACTIVITIES

SEC. 104. The authorization of appropriations by this Act shall not be deemed to constitute authority for the conduct of any intelligence activity which is not otherwise authorized by the Constitution or laws of the United States. INCREASES IN EMPLOYEE COMPENSATION AND BENEFITS AUTHORIZED BY LAW

SEC. 105. Appropriations authorized by this Act for salary, pay, retirement, and other benefits for Federal employees may be increased by such additional or supplemental amounts as may be necessary for increases in such compensation or benefits authorized by law. RESTRICTION ON SUPPORT FOR MILITARY OR PARAMILITARY OPERATIONS IN NICARAGUA

SEC. 106. Funds available to the Central Intelligence Agency, the Department of Defense, or any other agency or entity of the United States involved in intelligence activities may be obligated and expended during fiscal year 1987 to provide funds, materiel, or other assistance to the Nicaraguan democratic resistance to support military or paramilitary operations in Nicaragua only as authorized in section 101 and as specified in the classified Schedule of Authorizations referred to in section 102, or pursuant to section 502 of the National Security Act of 1947, or pursuant to any provision of law specifically providing such funds, materiel, or assistance.

50 USC 414.

RESTRICTION ON INTELLIGENCE AGENCY COOPERATION WITH SOUTH AFRICA

SEC. 107. No agency or entity of the United States involved in intelligence activities may engage in any form of cooperation, direct or indirect, with the Government of South Africa, except activities which are reasonably designed to facilitate the collection of necessary intelligence. It is the policy of the United States that no agency or entity of the United States involved in intelligence activities may provide any intelligence information to the Government of South Africa which pertains to a South African internal opposition

22 USC 5072a.

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Page:United States Statutes at Large Volume 100 Part 4.djvu/264

 100 STAT. 3192

50 USC 413.

PUBLIC LAW 99-569—OCT. 27, 1986

group, movement, organization, or individual. Any change in such policy, or the provision of intelligence information contrary to such policy, shall be considered a significant anticipated intelligence activity for purposes of section 501 of the National Security Act of 1947. TITLE II—INTELLIGENCE COMMUNITY STAFF ' AUTHORIZATION OP APPROPRIATIONS

SEC. 201. There is authorized to be appropriated for the Intelligence Community Staff for fiscal year 1987 the sum of $22,000,000. AUTHORIZATION OP PERSONNEL END-STRENGTH

SEC. 202. (a) The Intelligence Community Staff is authorized two hundred thirty seven full-time personnel as of September 30, 1987. Such personnel of the Intelligence Community Stsrff may be permanent employees of the Intelligence Community Staff or personnel detailed from other elements of the United States Government. (b) During fiscal year 1987, personnel of the Intelligence Community Staff shall be selected so as to provide appropriate representation from elements of the United States Government engaged in intelligence and intelligence-related activities. (c) During fiscal year 1987, any officer or employee of the United States or a member of the Armed Forces who is detailed to the Intelligence Community Staff from another element of the United States Government shall be detailed on a reimbursable basis, except that any such officer, employee, or member may be detailed on a nonreimbursable basis for a period of less than one year for the performance of temporary functions as required by the Director of Central Intelligence. INTELLIGENCE COMMUNITY STAFF ADMINISTERED IN SAME MANNER AS CENTRAL INTELLIGENCE AGENCY

SEC. 203. During fiscal year 1987, activities and personnel of the Intelligence Community Staff shall be subject to the provisions of the National Security Act of 1947 (50 U.S.C. 401 et seq.) and the Central Intelligence Agency Act of 1949 (50 U.S.C. 403a et seq.) in the same manner as activities and personnel of the Central Intelligence Agency. •'"•" ' ' • •

TITLE III—CENTRAL INTELLIGENCE AGENCY RETIREMENT AND RELATED MATTERS AUTHORIZATION OF APPROPRIATIONS

..<.

SEC. 301. There is authorized to be appropriated for the Central Intelligence Agency Retirement and Disability Fund for fiscal year 1987 the sum of $125,800,000. SURVIVOR BENEFITS FOR CERTAIN FORMER SPOUSES OF CIA EMPLOYEES

SEC. 302. (a) Part C of title II of the Central Intelligence Agency 50 USC 403 note. Retirement Act of 1964 for Certain Employees is amended by adding at the end thereof the following new section:

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Page:United States Statutes at Large Volume 100 Part 4.djvu/265

 PUBLIC LAW 99-569—OCT. 27, 1986

100 STAT. 3193

"SURVIVOR BENEFITS FOR CERTAIN OTHER FORMER SPOUSES

"SEC. 224. (a)(1) Any individual who was a former spouse of a 50 USC 403 note, participant or former participant on November 15, 1982, shall be entitled, to the extent of available appropriations, and except to the extent such former spouse is disqualified under subsection (b), to a survivor annuity equal to 55 per centum of the greater of— "(A) the full amount of the participant's or former participant's annuity, as computed under section 221(a); or "(B) the full amount of what such annuity as so computed would be if the participant or former participant had not withdrawn a lump-sum portion of contributions made with respect to such annuity. "(2) A survivor annuity payable under this section shall be re*• duced by an amount equal to the amount of retirement benefits, not including benefits under title II of the Social Security Act, received 42 USC 40i. by the former spouse which are attributable to previous employment of such former spouse by the United States. "(b) A former spouse shall not be entitled to a survivor annuity under this section if— "(1) an election has been made with respect to such former spouse under section 223; "(2) the former spouse remarries before age fifty-five; or "(3) the former spouse is less than fifty years of age. "(c)(1) The entitlement of a former spouse to a survivor annuity under this section— "(A) shall commence— , "(i) in the case of a former spouse of a participant or former participant who is deceased as of the effective date of this section, beginning on the later of— "(I) the sixtieth day after such date; or ^j., "(II) the date such former spouse reaches age fifty; and "(ii) in the case of any other former spouse, beginning on the lastest of— .^^, "(I) the date that the participant or former partici^ pant to whom the former spouse was married dies; "(II) the sixtieth day after the effective date of this section; or ' "(III) the date such former spouse reaches age fifty; and "(B) shall terminate on the last day of the month before the former spouse's death or remarriage before attaining age fiftyfive. "(2)(A) A survivor annuity under this section shall not be payable unless appropriate written application is provided to the Director, complete with any supporting documentation which the Director may by regulation require, within thirty months after the effective date of this section. "(B) Upon approval of an application provided under subparagraph (A), the appropriate survivor annuity shall be payable to the former spouse with respect to all periods before such approval during which the former spouse was entitled to such annuity under this section, but in no event shall a survivor annuity be payable r " under this section with respect to any period before the effective ' date of this section. "(d) The Director shall—
 * j

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 100 STAT. 3194

Ante, p. 3193. 50 USC 403n note.

PUBLIC LAW 99-569—OCT. 27, 1986

"(1) as soon as possible, but not later than sixty days after the effective date of this section, issue such regulations as may be necessary to carry out this section; and "(2) to the maximum extent practicable, and as soon as possible, inform each individual who was a former spouse of a participant or former participant on November 15, 1982, of any rights which such individual may have under this section.". (b) Section 14(a) of the Central Intelligence Agency Act of 1949 (50 U.S.C. 403n(a)) is amended by inserting "224," after "222, 223,". (c) For fiscal year 1987, not to exceed $500,000 shall be available from amounts appropriated under the authority of section 101(1) of this Act for survivor annuities under section 224 of the Central Intelligence Agency Retirement Act of 1964 for Clertain Employees and under the amendment made by subsection (b) of this section. (d) The amendments made by this section shall take effect on October 1, 1986. ,,. HEALTH BENEFITS FOR CERTAIN FORMER SPOUSES OF CENTRAL INTELLIGENCE AGENCY EMPLOYEES

SEC. 303. (a) The Central Intelligence Agency Act of 1949 is amended by adding at the end a new section as follows: " H E A L T H B E N E F I T S FOR CERTAIN FORMER SPOUSES OF CENTRAL INTELLIGENCE AGENCY EMPLOYEES

50 USC 403p.

5 USC 8901 et «^9-

"SEC. 16. (a) Except as provided in subsection (c)(D, any individual— "(1) formerly married to an employee or former employee of the Agency, whose marriage was dissolved by divorce or annulment before May 7, 1985; "(2) who, at any time during the eighteen-month period before the divorce or annulment became final, was covered under a health benefits plan as a member of the family of such employee or former employee; and "(3) who was married to such employee for not less than ten . years during periods of service by such employee with the Agency, at least five years of which were spent outside the United States by both the employee and the former spouse, is eligible for coverage under a health benefits plan in accordance with the provisions of this section. "(b)(1) Any individual eligible for coverage under subsection (a) may enroll in a health benefits plan for self alone or for self and family if, before the expiration of the six-month period beginning on the effective date of this section, and in accordance with such procedures as the Director of the Office of Personnel Management shall by regulation prescribe, such individual— "(A) files an election for such enrollment; and ft "(B) arranges to pay currently into the Employees Health Benefits Fund under section 8909 of title 5, United States Code, an amount equal to the sum of the employee and agency contributions payable in the case of an employee enrolled under chapter 89 of such title in the same health benefits plan and with the same level of benefits. "(2) The Director of Central Intelligence shall, as soon as possible, take all steps practicable—

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 PUBLIC LAW 99-569—OCT. 27, 1986

100 STAT. 3195

"(A) to determine the identity and current address of each former spouse eligible for coverage under subsection (a); and "(B) to notify each such former spouse of that individual's rights under this section. "(3) The Director of the Office of Personnel Management, upon notification by the Director of Central Intelligence, shall waive the six-month limitation set forth in paragraph (1) in any case in which the Director of Central Intelligence determines that the circumstances so warrant. "(c)(1) Any former spouse who remarries before agefifty-fiveis not eligible to make an election under subsection (b)(D. "(2) Any former spouse enrolled in a health benefits plan pursuant to an election under subsection (b)(1) may continue the enrollment under the conditions of eligibility which the Director of the Office of Personnel Management shall by regulation prescribe, except that any former spouse who remarries before age fifty-five shall not be eligible for continued enrollment under this section after the end of the thirty-one-day period beginning on the date of remarriage. "(d) No individual may be covered by a health benefits plan under this section during any period in which such individual is enrolled in a health benefits plan under any other authority, nor may any individual be covered under more than one enrollment under this section. "(e) For purposes of this section the term 'health benefits plan' means an approved health benefits plan under chapter 89 of title 5, United States Code.". (b) The amendment made by this section shall take effect on October 1, 1986. TITLE IV—COUNTERINTELLIGENCE AND SECURITY

5 USC 890i et ^eq. 50 USC 403p note. - . t

COUNTERINTELLIGENCE OFFICIAL VISITOR EXCHANGES

SEC. 401. (a) Chapter 33 of title 28, United States Code, is amended by adding at the end thereof the following new section: "§539. Counterintelligence official reception and representation 28 USC 539. expenses "The Director of the Federal Bureau of Investigation may use funds available to the Federal Bureau of Investigation for counterintelligence programs to pay the expenses of hosting foreign officials in the United States under the auspices of the Federal Bureau of Investigation for consultation on counterintelligence matters.". (b) The table of contents for chapter 33 of title 28, United States Code, is amended by adding at the end thereof the following: "539. eounterintelligence official reception and representation expenses.".

(c) Chapter 4 of title 10, United States Code, is amended by adding at the end thereof the following new section: "§ 140a. Counterintelligence official reception and representation expenses "The Secretary of Defense may use funds available to the Department of Defense for counterintelligence programs to pay the expenses of hosting foreign officials in the United States under the

10 USC I40a.

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Page:United States Statutes at Large Volume 100 Part 4.djvu/268

 100 STAT. 3196

PUBLIC LAW 99-569—OCT. 27, 1986

auspices of the Department of Defense for consultation on counterintelligence matters.". (d) The table of contents for chapter 4 of title 10, United States Code, is amended by adding at the end thereof the following: "140a. Counterintelligence official reception and representation expenses.". FBI ACCESS TO STATE AND LOCAL CRIMINAL RECORDS FOR SECURITY CLEARANCES

•

SEC. 402. (a) Section 9101 of title 5, United States Code, is amended as follows: (1) in paragraph (1) of subsection (b) by striking "or" after "Office of Personnel Management,", by inserting "or the Federal Bureau of Investigation," after "the Central Intelligence Agency,", and by striking "department, office or agency" and inserting in lieu thereof "department, office, agency or bureau"; (2) in subparagraph (3)(A) of subsection (b) by striking "or" after "Office of Personnel Management," by inserting ", or the Federal Bureau of Investigation" after "the Central Intelligence Agency", by striking "department, office or agency" and inserting in lieu thereof "department, office, agency, or bureau", and by striking "department, office, or agency." and inserting in lieu thereof "department, office, agency, or bureau."; (3) in subparagraph (3)(B) of subsection (b) by striking "or" after "Office of Personnel Management," and by inserting ", or •<' the Federal Bureau of Investigation" after "the Central Intelligence Agency"; and (4) in subsection (c) by striking "or" after "Office of Personnel Management," and by inserting ", or the Federal Bureau of Investigation" after "the Central Intelligence Agency". 5 USC 9101 note. (b) Section 803(a) of the Intelligence Authorization Act for fiscal year 1986 (Public Law 99-169) is amended by striking "and" after "Office of Personnel Management," and by inserting "and the Federal Bureau of Investigation," after "the Central Intelligence Agency,". 5 USC 9101 note. (c) The amendments made by this section shall become effective with respect to any inquiry which begins after the date of enactment of this Act conducted by the Federal Bureau of Investigation for purposes specified in paragraph (b)(1) of section 9101 of title 5, United States Code. PERMANENT EXTENSION OF DOD AUTHORFTY TO USE PROCEEDS FROM COUNTERINTELLIGENCE OPERATIONS

10 USC 140b.

SEC. 403. (a) Chapter 4 of title 10, United States Code, as amended by section 401(c) of this Act, is further amended by adding at the end thereof the following new section: . "§ 140b. Authority to use proceeds from counterintelligence operations of the military departments "(a) The Secretary of Defense may authorize, without regard to the provisions of section 3302 of title 31, United States Code, use of proceeds from counterintelligence operations conducted by components of the military departments to offset necessary and reasonable expenses, not otherwise prohibited by law, incurred in such operations, and to make exceptional performance awards to personnel

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 PUBLIC LAW 99-569—OCT. 27, 1986

100 STAT. 3197

involved in such operations, if use of appropriated funds to meet such expenses or to make such awards would not be practicable. "(b) As soon as the net proceeds from such counterintelligence operations are no longer necessary for the conduct of those operations, such proceeds shall be deposited into the Treasury as miscellaneous receipts. "(c) The Secretary of Defense shall establish policies and procedures to govern acquisition, use, management, and disposition of proceeds from counterintelligence operations conducted by components of the military departments, including effective internal systems of accounting and administrative controls.". (b) The table of contents for chapter 4 of title 10, United States Code, as amended by section 401(d) of this Act, is further amended by adding at the end thereof the following:

,.,

"140b. Authority to use proceeds from counterintelligence operations of the military departments.". FEDERAL BUREAU OF INVESTIGATION COUNTERINTELLIGENCE ACCESS TO FINANCIAL RECORDS OF AGENTS OF FOREIGN POWERS

SEC. 404. Section 1114(a) of the Right to Financial Privacy Act of 1978 (12 U.S.C. 3414(a)) is amended by adding at the end thereof the following new paragraph: "(5)(A) Financial institutions, and officers, employees, and agents thereof, shall comply with a request for a customer's or entity's financial records made pursuant to this subsection by the Federal Bureau of Investigation when the Director of the Federal Bureau of Investigation (or the Director's designee) certifies in writing to the financial institution that such records are sought for foreign counterintelligence purposes and that there are specific and articulable facts giving reason to believe that the customer or entity whose records are sought is a foreign power or an agent of a foreign power as defined in section 101 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801). "(B) The Federal Bureau of Investigation may disseminate information obtained pursuant to this paragraph only as provided in guidelines approved by the Attorney General for foreign intelligence collection and foreign counterintelligence investigations conducted by the Federal Bureau of Investigation, and, with respect to dissemination to an agency of the United States, only if such information is clearly relevant to the authorized responsibilities of such agency. "(C) On a semiannual basis the Attorney General shall fully inform the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate concerning all requests made pursuant to this paragraph. "(D) No financial institution, or officer, employee, or agent of such institution, shall disclose to any person that the Federal Bureau of Investigation has sought or obtained access to a customer's or entity's financial records under this paragraph.".

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 100 STAT. 3198

PUBLIC LAW 99-569—OCT. 27, 1986 TITLE V—ADMINISTRATIVE AUTHORITIES RELATING TO INTELLIGENCE PERSONNEL DEFENSE INTELLIGENCE AGENCY CIVILIAN MEDICAL EVACUATION BENEFIT

Ante, p. 628.

SEC. 501. Subsection 1605(a) of title 10, United States Code, is amended by inserting ", (5)" after "paragraphs (2), (3), (4)" and after "(22 U.S.C. 4081 (2), (3), (4)". O N E Y E A R E X T E N S I O N OF D E F E N S E I N T E L L I G E N C E A G E N C Y SPECIAL

TERMINATION AUTHORITY

SEC. 502. Paragraph 1604(e)(1) of title 10, United States Code, is amended by striking "fiscal years 1985 and 1986" and inserting in lieu thereof "fiscal years 1986 and 1987". ACCEPTANCE OF DIRECTOR OF CENTRAL INTELLIGENCE AWARDS BY MILITARY INTELLIGENCE PERSONNEL

50 USC 403e-i.

SEC. 503. Section 402 of the Intelligence Authorization Act for Fiscal Year 1984 (Public Law 98-215) is amended by adding at the end thereof the following: "(c) During fiscal year 1987, the Director of Central Intelligence may exercise the authority granted in section 4503(2) of title 5, United States Code, with respect to members of the Armed Forces who are assigned to foreign intelligence duties at the time of the conduct which gives rise to the exercise of such authority. "(d) An award made by the Director of Central Intelligence to an employee or member of the Armed Forces under the authority of section 4503 of title 5, United States Code, or this section may be paid and accepted notwithstanding— "(1) section 5536 of title 5, United States Code; and "(2) the death, separation, or retirement of the employee or the member of the Armed Forces whose conduct gave rise to the ^H award, or the assignment of such member to duties other than foreign intelligence duties.". ' . MANAGEMENT OF CIVIUAN INTELLIGENCE PERSONNEL OF THE MILITARY DEPARTMENTS

SEC. 504. (a) Chapter 81 of title 10, United States Code, is amended by adding at the end thereof the following new section: 10 USC 1590.

"§ 1590. Management of civilian intelligence personnel of the military departments "(a) The Secretary of Defense may, without regard to the provisions of any other law relating to the number, classification, or compensation of employees— "(1) establish such positions for civilian intelligence officers and employees of the military departments as may be necessary to carry out the intelligence functions of such departments; "(2) appoint individuals to such positions; and "(3) fix the compensation of such individuals for service in such positions. "(b) The Secretary of Defense shall, subject to subsection (c), fix the rates of basic pay for positions established under subsection (a) in relation to the rates of basic pay provided in the General Sched-

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 PUBLIC LAW 99-569—OCT. 27, 1986

100 STAT. 3199

ule under section 5332 of title 5 for positions subject to such Schedule which have corresponding levels of duties and responsibilities. Except in the case of a civilian intelligence officer or employee of a military department serving as a member of the Senior Executive Service of a military department, no civilian intelligence officer or employee of a military department may be paid basic pay at a rate in excess of the highest rate of basic pay payable under such General Schedule. "(c) The Secretary of Defense is authorized, consistent with section 5341 of title 5, to adopt such provisions of such title as provide for prevailing rate systems of basic pay and to apply such provisions to positions for civilian intelligence officers or employees in or under which the military departments may employ individuals described by section 5342(a)(2)(A) of such title. "(d) In addition to the basic pay payable under subsection (b), civilian intelligence officers and employees of the military departments who are citizens or nationals of the United States and who are stationed outside the continental United States or in Alaska may be paid allowances, in accordance with regulations prescribed by the Secretary of Defense, not in excess of an allowance authorized to be paid by section 5941(a) of title 5 for employees whose rates of basic pay are fixed by statute. Such allowances shall be based on— "(1) living costs substantially higher than in the District of Columbia; "(2) conditions of environment which differ substantially from conditions of environment in the continental United States and warrant an allowance as a recruitment incentive; or "(3) both of the factors described in paragraphs (1) and (2). "(e)(1) Notwithstanding any other provision of law, the Secretary of Defense may, during fiscal year 1987, terminate the employment of any civilian intelligence officer or employee of a military department whenever he considers that action to be in the interests of the United States and he determines that the procedures prescribed in other provisions of law that authorize the termination of the employment of such officer or employee cannot be invoked in a manner consistent with the national security. The decisions of the Secretary under this paragraph are final and may not be appealed or reviewed outside the Department of Defense. The Secretary of Defense shall promptly notify the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate whenever this termination authority is exercised. "(2) Any termination of employment under this subsection shall not affect the right of the officer or employee involved to seek or accept employment with any other department or agency of the United States if he is declared eligible for such employment by the Director of the Office of Personnel Management. "(3) The Secretary of Defense may delegate authority under this subsection only to the Deputy Secretary of Defense or the Secretary concerned or both. An action to terminate any civilian intelligence officer or employee of a military department by either such officer shall be appealable to the Secretary of Defense.. (b) The table of sections at the beginning of chapter 81 of title 10, United States Code is amended by adding at the end thereof the following new item: "1590. Management of civilian intelligence personnel of the military departments.".

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 100 STAT. 3200 10 USC 1590 note.

PUBLIC LAW 99-569—OCT. 27, 1986

(c) The Secretary of Defense shall conduct a comprehensive review 2ui(j evaluation of the implementation of section 1590 of title 10, United States Code and shall report thereon to the Congress no later than March 1, 1989. Such report shall— r (1) describe the extent to which the civilian intelligence personnel management systems established under section 1590 of title 10 have improved acquisition and retention of civilian intelligence personnel by the military departments; (2) describe the elements of uniformity among the civilian intelligence personnel management systems established under ( section 1590 of title 10; ' (3) describe the elements of diversity among the civilian i intelligence personnel management systems established under section 1590 of title 10, and explain the need for such diversity based on differences in the intelligence needs or missions of the military departments; i (4) describe the means for oversight within the Office of the %, Secretary of Defense and each of the military departments for ensuring consistent application of regulations, directives, and guidelines which implement the authority granted under secs tion 1590 of title 10; (5) contain recommendations for any legislative changes the Secretary of Defense may deem appropriate; and (6) include such other matters as the Secretary of Defense may deem appropriate. NATIONAL SECURITY AGENCY ACQUISITION OF CRITICAL SKILLS

Minorities. Education.

SEC. 505. The National Security Agency Act of 1959 (50 U.S.C. 402 note) is amended by adding at the end thereof the following section: "SEC. 16. (a) The purpose of this section is to establish an undergraduate tr£dning program, which may lead to the baccalaureate degree, to facilitate the recruitment of individuals, particularly minority high school students, with a demonstrated capability to develop skills critical to the mission of the National Security Agency, including mathematics, computer science, engineering, and foreign languages. "Q}) The Secretary of Defense is authorized, in his discretion, to assign civilian employees of the National Security Agency as students at accredited professional, technical, and other institutions of higher learning for training at the undergraduate level in skills critical to effective performance of the mission of the Agency. "(c) The National Security Agency may pay, directly or by reimbursement to employees, expenses incident to assignments under subsection (b), in any fiscal year only to the extent that appropriated funds are available for such purpose. "(d)(1) To be eligible for assignment under subsection (b), an employee of the Agency must agree in writing— "(A) to continue in the service of the Agency for the period of the assignment and to complete the educational course of training for which the employee is assigned; (B) to continue in the service of the Agency following completion of the assignment for a period of one-and-a-half years for each year of the assignment or part thereof; "(C) to reimburse the United States for the total cost of education (excluding the employee's pay and allowances)

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 PUBLIC LAW 99-569—OCT. 27, 1986

100 STAT. 3201

provided under this section to the employee if, prior to the employee's completing the educational course of training for which the employee is assigned, the assignment or the employee's employment with the Agency is terminated either by the Agency due to misconduct by the employee or by the employee voluntarily; and "(D) to reimburse the United States if, after completing the educational course of training for which the employee is assigned, the employee's employment with the Agency is terminated either by the Agency due to misconduct by the employee or by the employee voluntarily, prior to the employee's completion of the service obligation period described in subparagraph (B), in an amount that bears the same ratio to the total cost of the education (excluding the employee's pay and allowances) provided to the employee as the unserved portion of the service obligation period described in subparagraph (B) bears to the total period of the service obligation described in subparagraph (B). "(2) Subject to paragraph (3), the obligation to reimburse the United States under an agreement described in paragraph (1), including interest due on such obligation, is for all purposes a debt owing the United States. "(3)(A) A discharge in bankruptcy under title 11, United States Code, shall not release a person from an obligation to reimburse the United States required under an agreement described in paragraph (1) if the final decree of the discharge in bankruptcy is issued within five years after the last day of the combined period of service obligation described in subparagraphs (A) and (B) of paragraph (1). "(B) The Secretary of Defense may release a person, in whole or in part, from the obligation to reimburse the United States under an agreement described in paragraph (1) when, in his discretion, the Secretary determines that equity or the interests of the United States so require. "(C) The Secretary of Defense shall permit an employee assigned under this section who, prior to commencing a second academic year of such assignment, voluntarily terminates the assignment or the employee's employment with the Agency, to satisfy his obligation under an agreement described in paragraph (1) to reimburse the United States by reimbursement according to a schedule of monthly payments which results in completion of reimbursement by a date five years after the date of termination of the assignment or employment or earlier at the option of the employee. "(e)(1) When an employee is assigned under this section to an institution, the Agency shall disclose to the institution to which the employee is assigned that the Agency employs the employee and that the Agency funds the employee's education. "(2) Agency efforts to recruit individuals at educational institutions for participation in the undergraduate training program established by this section shall be made openly and according to the common practices of universities and employers recruiting at such institutions. "(f) Chapter 41 of title 5 and subsections (a) and (b) of section 3324 of title 31, United States Code, shall not apply with respect to this section. "(g) The Secretary of Defense may issue such regulations as may be necessary to implement this section.".

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«

xcr^rsi;/oi

5 USC 4ioi et «e9-

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 100 STAT. 3202

PUBLIC LAW 99-569—OCT. 27, 1986 CENTRAL INTELLIGENCE AGENCY ACQUISITION OF CRITICAL SKILLS

50 USC 403j note.

Ante, p. 3200.

SEC. 506. Pursuant to the authority granted in section 8 of the Central Intelligence Agency Act of 1949 (50 U.S.C. 403j), the Director of Central Intelligence shall establish an undergraduate training program with respect to civilian employees of the Central Intelligence Agency similar in purpose, conditions, content, and administration to the program which the Secretary of Defense is authorized to establish under section 16 of the National Security Act of 1959 (50 U.S.C. 402 note) for civilian employees of the National Security Agency. REPORT ON INTELLIGENCE PERSONNEL SYSTEMS

SEC. 507. Not later than January 3, 1987, the Secretary of Defense and the Director of Central Intelligence shall submit jointly to the Congress an unclsissified report describing the civilian personnel systems for officers and employees of the Central Intelligence Agency, the National Security Agency, and the Defense Intelligence Agency, and the personnel systems for officers and employees established under section 1590 of title 10, United States Code, as added by section 504, for civilian intelligence personnel of the military departments. The report shall include descriptions of— (1) how each such intelligence personnel system differs from the competitive service and from each other such system; (2) the specific features of each such personnel system to ensure compliance with the merit system principles set forth in section 2301 of title 5, United States Code; (3) any features of compensation (including bonuses and awards) unique to such personnel system; (4) authorities to take actions (including the number of such actions) through employment termination provisions which do not permit appeals outside the agency; and (5) any recruitment or retention problems existing within such system. TITLE VI—MISCELLANEOUS DEFENSE MAPPING AGENCY EXCHANGE AGREEMENTS

SEC. 601. (a) Chapter 167 of title 10, United States Code, is amended by adding at the end thereof the following new section: 10 USC 2795.

"§ 2795. Exchange of mapping, charting, and geodetic data with foreign countries and international organizations "The Secretary of Defense may authorize the Defense Mapping Agency to exchange or furnish mapping, charting, and geodetic data, supplies and services to a foreign country or international organization pursuant to an agreement for the production or exchange of such data.''. (b) The table of contents of chapter 167 of title 10, United States Code, is amended by adding at the end thereof: "2795. Exchange of mapping, charting, and geodetic data with foreign countries and international organizations.".

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