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100 STAT. 3543

SEC. 4. RESTRICTIONS ON FUTURE ENTRY OF ALIENS INVOLVED WITH MARRIAGE FRAUD.

(a) IN GENERAL.—Section 204(c) of the Immigration and Nationality Act (8 U.S.C. 1154(c)) is amended— (1) by inserting " (1) " after " i f,

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(2) by inserting ", or has sought to be accorded," after "pret- viously been accorded", and (3) by inserting before the period at the end the following: ", or (2) the Attorney General has determined that the alien has attempted or conspired to enter into a marriage for the purpose of evading the immigration laws". (b) EFFECTIVE DATE.—The amendment made by subsection (a) 8 USC 1154 note, shall apply to petitions filed on or after the date of the enactment of this Act. SEC. 5. RESTRICTIONS ON ADJUSTMENT OF STATUS OR PETITIONS BASED ON MARRIAGES ENTERED WHILE IN EXCLUSION OR DEPORTATION PROCEEDINGS. (a) RESTRICTION ON ADJUSTMENT.—Section 245 of the Immigration

and Nationality Act (8 U.S.C. 1255), as amended by sections 2(d) and 3(b), is further amended— (1) in subsection (c), by striking "The provisions of this section" and inserting "Subsection (a)", and (2) by adding at the end the following new subsection: "(e)(1) An alien who is seeking to receive an immigrant visa on the basis of a marriage which was entered into during the period described in paragraph (2) may not have the alien's status adjusted under subsection (a). "(2) The period described in this paragraph is the period during which administrative or judicial proceedings are pending regarding the alien's right to enter or remain in the United States.". (b) RESTRICTION ON PETITIONS.—Section 204 of such Act (8 U.S.C. 1154) is amended by adding at the end the following new subsection: "(h) Notwithstanding subsection (a), a petition may not be approved to grant an alien immediate relative status or preference status by reason of a marriage which was entered into during the period described in section 245(e)(2), until the alien has resided Supra. outside the United States for a 2-year period beginning after the date of the marriage.". (c) EFFECTIVE DATE.—The amendments made by this section shall 8 USC 1154 note, apply to marriages entered into on or after the date of the enactment of this Act. (d) REPORT ON SECTION 241(c) SANCTIONS.—The Attorney General shall study and report to the Congress, not later than 6 months after the date of the enactment of this Act, concerning the application of the 2-year marriage fraud presumption under section 241(c) of the Immigration and Nationality Act (8 U.S.C. 1251(c)). Such report shall include— (1) the number of cases of deportations effected under such section, and (2) recommendations for changes in such section. SEC. 6. EXCLUSION FOR MISREPRESENTATIONS.

(a) IN GENERAL.—Paragraph (19) of section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1152(a)) is amended to read as follows:

71-194 0 - 89 - ^: CL. 3 Part5

8 USC 1182.

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PUBLIC LAW 99-639—NOV. 10, 1986

"(19) Any alien who, by fraud or willfully misrepresenting a material fact, seeks to procure, or has sought to procure or has procured, a visa, other documentation, or entry into the United States or other benefit provided under this Act;". 8 USC 1182 note. (b) EFFECTIVE DATE.—The amendment made by subsection (a) shall apply to the receipt of visas by, and the admission of, aliens occurring after the date of the enactment of this Act based on fraud or misrepresentations occurring before, on, or after such date. Approved November 10, 1986.

LEGISLATIVE HISTORY—H.R. 3737: HOUSE REPORTS: No. 99-906 (Cbmm. on the Judiciary). CONGRESSIONAL RECORD, Vol. 132 (1986): Sept. 29, considered and passed House. Oct. 18, considered and passed Senate.

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PUBLIC LAW 99-640—NOV. 10, 1986

100 STAT. 3545

Public Law 99-640 99th Congress An Act To authorize appropriations for the Coast Guard for fiscal year 1987, 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 "Coast Guard Authorization Act of 1986". AUTHORIZATION OF APPROPRIATIONS

Nov. 10, 1986 [H.R. 4208]

Coast Guard Authorization Act of 1986. Uniformed services. Maritime affairs.

SEC. 2. Funds are authorized to be appropriated for necessary expenses of the Coast Guard for fiscal year 1987, as follows: (1) For the operations and maintenance of the Coast Guard, $1,862,800,000, of which not more than $20,000,000 may be made available to the Commandant of the Coast Guard for discretionary use in meeting unanticipated demands and needs for Coast Guard operation and maintenance; and for increases in salary, pay, and other employee benefits authorized by law, such sums as may be necessary. (2) For the acquisition, construction, rebuilding, and improvement of aids to navigation, shore facilities, vessels, and aircraft, including equipment related thereto, $267,000,000, to remain available until expended. (3) For research, development, test, and evaluation, $20,000,000, to remain available until expended. (4) For retired pay, including the payment of obligations therefor otherwise chargeable to lapsed appropriations for this purpose, and payments under the Retired Serviceman's Family Protection and Survivor Benefit Plans, and for payments for medical care of retired personnel and their dependents under the Dependents' Medical Care Act, $364,000,000. 10 USC (5) If funds are appropriated to any other officer of the United 1071-1085, States for carrying out the purposes described in paragraphs (1) note. through (4) of this section, such officer may transfer to the Secretary of the department in which the Coast Guard is operat; ing the full amount of such funds. Such funds shall be allocated by the Secretary to such purposes. AUTHORIZED LEVELS OF MILITARY STRENGTH AND MILITARY TRAINING

SEC. 3. (a) For fiscal year 1987, the Coast Guard is authorized an end-of-year strength for active duty personnel of 39,200. The authorized strength does not include members of the Ready Reserve called to active duty under the authority of section 712 of title 14, United States Code. (h) For fiscal year 1987, the Coast Guard is authorized average military training student loads as follows: (1) For recruit and special training, 3,200 student-years. (2) For flight training, 110 student-years.

•NOTE: " [ H. R. 4208]" has been added in lieu of "[H.R. 4708]' in the bill number reference in the margin.

3687

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PUBLIC LAW 99-640—NOV. 10, 1986 (3) For professional training in military and civilian institutions, 441 student-years. (4) For officer acquisition, 925 student-years.

TRANSFER OF FUNDS

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SEC. 4. (a) Whenever the Secretary of the department in which the Coast Guard is operating determines it to be in the national interest, the Secretary may transfer not to exceed 5 percent of the funds appropriated for the purposes described in section 2(2) of this Act to the Commandant at the Coast Guard for discretionary use in meeting unanticipated demands and needs for Coast Guard operations and maintenance under section 2(1) of this Act. (b) No transfer of funds may occur under subsection (a) of this section until 15 days after the Secretary has provided written notification to the Committee on Commerce, Science, and Transportation of the Senate, the Committee on Merchant Marine and Fisheries of the House of Representatives, and the Appropriations Committees of the Senate and House of Representatives stating the reasons for such determination and a description of the purposes for which the funds proposed to be transferred will be used. LIMITATIONS ON CONTRACTING PERFORMED BY THE COAST GUARD

10 USC 2304 "°*^

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SEC. 5. (a)(1) It is in the national interest for the Coast Guard to maintain a logistics capability (including personnel, equipment, and facilities) to provide a ready and controlled source of technical competence and resources necessary to ensure the effective and timely performance of Coast Guard missions in behalf of the security, safety, and economic and environmental well-being of the United States. (2)(A) The Secretary of the department in which the Coast Guard is operating shall identify those Coast Guard activities that are necessary to maintain the logistics capability described in paragraph (1) of this subsection. The Secretary shall provide a list of such activities to the Committee on Commerce, Science, and Transportation of the Senate and to the Committee on Merchant Marine and Fisheries of the House of Representatives not later than January 31, 1987. If the Secretary does not provide such list by that date, no activity performed by Coast Guard personnel may be contracted for non-government personnel after such date until the {)erformance byto such committees. ist is provided (B) The list submitted by the Secretary under this paragraph shall not include— (i) any activity that is being performed under contract by nongovernment personnel on the date of enactment of this Act; or (ii) any activity for which Congress received, prior to April 1, 1986, a written notification pursuant to section 14(b)(2) of the Coast Guard Authorization Act of 1984 (Public Law 98-557; 98 Stat. 2864) of intent to contract. (b)(1) Except as provided in paragraph (2) of this subsection, performance of an activity identified by the Secretary under subsection (a)(2) of this section may not be contracted for performance by non-government personnel. (2) The Secretary may waive paragraph (1) of this subsection with respect to any Coast Guard activity (other than an activity described in subsection (d) of this section), if the Secretary determines that the

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performance of such activity by Government personnel is no longer necessary to ensure the effective and timely performance of Coast Guard missions. (3) A waiver under paragraph (2) of this subsection may not take effect until a period of 30 days in which either the Senate or House of Representatives is in session has expired after the Secretary has submitted in writing to the Committee on Commerce, Science, and Transportation of the Senate and to the Committee on Merchant Marine and Fisheries of the House of Representatives a full and complete statement concerning the waiver and the reasons therefor. (c) Before the beginning of fiscal year 1987, the Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate and to the Committee on Merchant Marine and Fisheries of the House of Representatives a list of Coast Guard activities that are to be considered for performance by contract by non-Government personnel under the procedures of Office of Management and Budget Circular A-76 during that fiscal year. (d)(1) Notwithstanding any other provision of law, each contract State and local awarded by the Coast Guard in fiscal year 1987 for construction or governments. Employment services to be performed in whole or in part in a State which has an and unemployment rate in excess of the national average rate of unemployment. unemployment (as determined by the Secretary of Labor) shall include a provision requiring the contractor to employ, for the purpose of performing that portion of the contract in that State, individuals who are local residents and who, in the case of any craft or trade, possess or would be able to acquire promptly the necessary skills. The Secretary of the department in which the Coast Guard is operating may waive the requirements of this subsection in the interest of national security or economic efficiency. (2) As used in this subsection, the term "local resident" means an individual within daily commuting distance even if not a resident of the State which has an unemployment rate in excess of the national average rate of unemployment (as determined by the Secretary of Labor), in accordance with paragraph (1) of this subsection. MARITIME DEFENSE ZONE

SEC. 6. Section 2 of title 14, United States Code, is amended by inserting immediately before the period at the end thereof the following: ", including the fulfillment of Maritime Defense Zone command responsibilities." BOAT SAFETY PROGRAM

SEC. 7. (a) Section 9503(c)(4) of title 26, United States Code, is amended— (1) in subparagraph (A), by striking "45,000,000" each place it appears and inserting in lieu thereof "60,000,000" for Fiscal Year 1987 only and $45,000,000 for each Fiscal Year thereafter;" and (2) by adding at the end thereof the following: "(E) DETERMINATION.—The amount of payments made Taxes. under this paragraph after October 1, 1986 shall be determined by the Secretary in accordance with the methodology described in the Treasury Department's Report to Congress of June 1986 entitled'Gasoline Excise Tax Revenues Attributable to Fuel Used in Recreational Motorboats.' Further, a "if^ portion of the payments made by the Secretary from Fiscal

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 100 STAT. 3548

PUBLIC LAW 99-640—NOV. 10, 1986

State and local governments. 46 USC 13103 note.

Year 1987 motorfuel excise tax receipts shall be used to increase the funding for boating safety programs during Fiscal Year 1987 only." (b) Section 13106(c) of title 46, United States Code, is amended by striking "one-third" and inserting in lieu thereof "one-half for Fiscal Year 1987 and one-third for each Fiscal Year thereafter." (c) Section 13106(a) of title 46, United States Code, is amended by striking "two-thirds" and inserting in lieu thereof "one-half for Fiscal Year 1987 and two-thirds for each Fiscal Year thereafter". (d) Before making any allocation under this section for a fiscal year, the Secretary shall retain not less than one percent nor more than two percent of the amount appropriated for that year for State recreational boating safety programs for the payment of costs of administration of this chapter. PAYMENT OF INTEREST TO COAST GUARD AUXILIARY

Claims.

26 USC 6621.

SEC. 8. Section 830 of title 14, United States Code, is amended— (1) by inserting "(a)" before "Appropriations"; and (2) by adding at the end thereof the following: "(b) The Secretary may pay interest on a claim under this section in any case in which a payment authorized under this section is not made within 60 days after the submission of the claim in a manner prescribed by the Secretary. The rate of interest for purposes of this section shall be the annual rate established under section 6621 of the Internal Revenue Code of 1954.". USE OF COAST GUARD AUXIUARY

14 USC 821 note.

Reports.

Reports.

SEC. 9. (a) It is the sense of the Congress that the Coast Guard Auxiliary performs a broad range of services in behalf of the safety and security of the American people, and that the continued strength and vitality of the Coast Guard Auxiliary is important to the United States. (b)(l) The Secretary of Transportation shall investigate and submit to the Congress a report within 1 year after the date of enactment of this Act regarding— (A) the extent to which membership of the Coast Guard , Auxiliary has declined in recent years and the causes of such .; decline; (B) the effect, if any, on the maritime community of any such decline in the performance levels of the Coast Guard Auxiliary in the areas of life-saving, assistance to persons in distress, safety patrols and inspections, and support missions for the Coast Guard; and (C) the effect, if any, of the Coast Guard's non-emergency assistance policy on the overall effectiveness of the Coast Guard Auxiliary. (2) The report submitted by the Secretary under this section shall include such recommendations for legislative and administrative action as the Secretary considers appropriate to achieve and maintain the Coast Guard Auxiliary at its optimum strength. MISCELLANEOUS AMENDMENTS TO TITLE 14 AND TITLE 4 6

SEC. 10. (a)(1) The analysis of parts, before section 1 of title 14, United States Code, is amended by striking "II. Coast Guard Reserve and Auxiliary

751"

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and inserting in lieu thereof "11. Coast Guard Reserve and Auxiliary

701".

(2) The analysis of chapters of part II of title 14, United States Code, is amended by striking "21. Coast Guard Reserve

751"

and inserting in lieu thereof "21. Coast Guard Reserve

701".

(3) Section 82 of title 14, United States Code, is amended by striking "Federal Aviation Act of 1958, as amended (49 U.S.C. 1301 et seq.)" and inserting in lieu thereof "Federal Aviation Act of 1958 (49 App. U.S.C. 1301 et seq.)". (4) Section 91 of title 14, United States Code, is amended to read as follows: "§ 91. Safety of naval vessels "(a) The Secretary may control the anchorage and movement of any vessel in the navigable waters of the United States to ensure the safety or security of any United States naval vessel in those waters. "(b) If the Secretary does not exercise the authority in subsection (a) of this section and immediate action is required, the senior naval officer present in command may control the anchorage or movement of any vessel in the navigable waters of the United States to ensure the safety and security of any United States naval vessel under the officer's command. "(c) If a person violates, or a vessel is operated in violation of, this section or a regulation or order issued under this section, the person or vessel is subject to the enforcement provisions in section 13 of the Ports and Waterways Safety Act (33 U.S.C. 1232).". (5) Section 146 of title 14, United States Code, is amended by striking "Postmaster General" and inserting in lieu thereof "United States Postal Service". (6)(A) Sections 431, 433, 434, and 438 of title 14, United States Code, are repealed, except that the repeal of such sections shall not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun under such sections before the date of enactment of this Act. (B) The analysis of chapter 11 of title 14, United States Code, is amended by striking the items relating to sections 431, 433, 434, and 438. (7) Section 432(g) of title 14, United States Code, is amended— (A) by inserting "(1)" immediately after "(g)"; and (B) by striking the last paragraph and inserting in lieu thereof the following: "(2) The additional compensation authorized by this subsection shall be included in any computation of compensation under section 6 of the Act of June 20, 1918 (33 U.S.C. 763).". (8) Section 829 of title 14, United States Code, is amended by striking "Section" and inserting in lieu thereof "section". (9) The first section of the Act entitled "An Act to require authorization for certain appropriations for the Coast Guard, and for other purposes", approved June 21, 1963 (77 Stat. 68; 14 U.S.C. (b)(1) Section 2101(1 lb) of title 46, United States Code, is amended by inserting "freezing," immediately after "icing,". (2)(A) Chapter 75 of title 46, United States Code, is amended by adding at the end the following new section:

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 100 STAT. 3550 46 USC 7504.

PUBLIC LAW 99-640—NOV. 10, 1986

"§ 7504. Travel and expense reimbursement "When a requirement to qualify for the issuance of, or endorsement on, a certificate, license, or document under this part is administered at a place at the request of an applicant or an applicant's representative, the applicant or representative may reimburse the Secretary for the travel and subsistence expenses incurred by the personnel assigned to perform the administration of the requirement. Amounts received as reimbursement under this section shall be credited to the appropriation for operating expenses of the Coast Guard.". (B) The analysis of chapter 75 of title 46, United States Code, is amended by adding at the end the following: "7504. Travel and expense reimbursement.".

(3) Section 10101(1) and (3) of title 46, United States Code, is amended by striking "owned by a citizen of the United States". (4) Sections 10313(e) and (h), 10314(e), 10504(a), and 10505(d) of title 46, United States Code, are amended by striking the last (5) Section 10504(d)(3) of title 46, United States Code, is amended by striking "(except a vessel taking oysters)". MANNING REQUIREMENTS OF MOBILE OFFSHORE DRILLING UNITS

42 USC 3101.

SEC. 11. (a) Section 2101 of title 46, United States Code, is amended by inserting immediately after paragraph (15) the following: "(15a) 'mobile offshore drilling unit' means a vessel capable of engaging in drilling operations for the exploration or exploitation of subsea resources.". (b) Section 8101(a) of title 46, United States Code, is amended to read as follows: "(a) The certificate of inspection issued to a vessel under part B of this subtitle shall state the complement of licensed individuals and crew (including lifeboatmen) considered by the Secretary to be necessary for safe operation. A manning requirement imposed on— "(1) a sailing school vessel shall consider the participation of sailing school instructors and sailing school students in the operation of that vessel; and "(2) a mobile offshore drilling unit shall consider the specialized nature of the unit.". (c) Section 8701(a) of title 46, United States Code, is amended— (1) by striking "and" at the end of paragraph (6); (2) by striking the period at the end of paragraph (7) and ? inserting in lieu thereof "; and"; and (3) by adding at the end thereof the following: "(8) a mobile offshore drilling unit with respect to individuals, • V other than crew members required by the certificate of inspection, engaged on board the unit for the sole purpose of carrying out the industrial business or function of the unit.". (d) Section 8301(c) of title 46, United States Code, is amended by inserting ", a mobile offshore drilling unit when on location,' immediately after "vessel". TOWING U C E N S E

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SEC. 12. (a) Section 8904 of title 46, United States Code, is amended—

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170 "Hurrah!" shouted Bert, giving his aunt a good hug. "Then Harry and I can have a fine time with the Meadow Brook boys," and Bert dashed out to take the good news to Harry and Hal Bingham, who were out at the donkey house.

"Come on, fellows!" he called. "Down to the beach! We can have a swim before the crowd gets there." And with renewed interest the trio started off for the breakers.

"I would like to live at the beach all summer," remarked Harry. "Even in winter it must be fine here."

"It is," said Hal. "But the winds blow everything away regularly, and they all have to be carted back again each spring. This shore, with all its trimmings now, will look like a bald head by the first of December."

All three boys were fine swimmers, and they promptly struck off for the water that was "straightened out," as Bert said, beyond the tearing of the breakers at the edge. There were few people in the surf and the boys made their way around as if they owned the ocean.


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(1) by inserting "(a)" immediately before "A towing"; and (2) adding at the end thereof the following: "(b) A vessel that tows a disabled vessel for consideration shall be operated by an individual licensed by the Secretary to operate that type of vessel in the particular geographic area, under prescribed regulations.". (b) The amendments made by subsection (a) of this section shall take effect on January 1, 1988. FORFEITED VESSELS

SEC. 13. (a) Whenever a vessel is forfeited to the United States, the vessel may be donated, in accordance with procedures under the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 471 et seq.), to an educational institution with a commercial fishing vessel safety program or other vessel safety, education and training program, if the institution has certified to the Federal officer referred to in subsection (b) of this section that the program includes at a minimum the following courses in vessel safety: (1) vessel stability; (2) firefighting; J. (3) shipboard first aid; (4) marine safety and survival; and (5) seamanship rules of the road. (b) The donation of a vessel under this section shall be made on terms and conditions considered appropriate by the Federal officer making such donation, including requirements that— (1) the educational institution must accept the vessel as is, where it is, and without warranty of any kind and without any representation as to its condition or suitability for use. (2) the educational institution shall be responsible for maintaining the vessel; (3) the vessel shall be used only for instructing students in vessel safety education and training programs; (4) if the vessel is eligible to be documented, it must be documented by the educational institution as a vessel of the United States under chapter 121 of title 46, United States Code, and the requirements of paragraph (5) of this subsection shall be noted on the permanent record of the vessel; (5) the educational institution must obtain the prior approval of the Administrator of General Services before disposing of the vessel, and any proceeds from the disposal of the vessel shall be payable to the United States Government; and (6) the vessel shall be inspected or regulated in the same manner as a nautical school vessel under chapter 33 of title 46, United States Code. (c) The United States shall not be liable in an action arising out of the transfer or use of a vessel that has been transferred under this section. (d) Section 2101(17) of title 46, United States Code, is amended by inserting immediately before the period the following: "or an educational institution under section 13 of the Coast Guard Authorization Act of 1986". (e) Section 3305(c) of title 46, United States Code, is amended by inserting immediately after "school" the second place it appears the following: "or by an educational institution under section 13 of the Coast Guard Authorization Act of 1986".

Effective date. 46 USC 8904 note. Gifts and property. Schools and colleges. 40 USC 484d.

Records. 46 USC 12101 et seq.

46 USC 3301 et seq.

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 100 STAT. 3552

PUBLIC LAW 99-640—NOV. 10, 1986 LIMITATION ON TRAINING

South Africa.

SEC. 14. Notwithstanding any other provision of law, no training or course of instruction may be provided by the Coast Guard to employees of the government or to members of the armed services of the Republic of South Africa during fiscal year 1987. STATUS REPORTS ON POLAR ICEBREAKING VESSELS

14 USC 663 note.

SEC. 15. The Secretary of the department in which the Coast Guard is operating shall provide detailed reports to Congress concerning the status of design and construction plans for the procurement of at least two new polar icebreaking vessels. Such reports shall be included in the Cutter Plan required annually by section 663 of title 14, United States Code, and shall be submitted each year until at least two new polar icebreaking vessels have been delivered to the Coast Guard. VESSEL SAFETY

Fish and fishing.

SEC. 16. Section 4102 of title 46, United States Code, is amended by adding at the end thereof the following: "(e) Each uninspected fishing, fish processing, or fish tender vessel operating on the high seas shall be equipped with the number and type of emergency position indicating radio beacons prescribed by regulation.". PROSECUTIONS OF MARITIME DRUG TRAFFICKERS

21 USC

955a-955d. Maritime Drug Law Enforcement Act. 46 USC app. 1901. Defense and national security. 46 USC app. 1902. 46 USC app. 1903.

46 USC 12101 et seq. 46 USC 12301 et seq.

SEC. 17. The Act entitled "An Act to facilitate increased enforcement by the Coast Guard of laws relating to the importation of controlled substances, and for other purposes", approved September 15, 1980 (Public Law 96-350; 94 Stat. 1159) is amended by striking ever5rthing immediately after the enacting clause and inserting in lieu thereof the following: "That this Act may be cited as the 'Maritime Drug Law Enforcement Act'. "SEC. 2. The Congress finds and declares that trafficking in controlled substances aboard vessels is a serious international problem and is universally condemned. Moreover, such trafficking presents a specific threat to the security and societal well-being of the United States. "SEC. 3. (a) It is unlawful for any person on board a vessel of the United States, or on board a vessel subject to the jurisdiction of the United States, to knowingly or intentionally manufacture or distribute, or to possess with intent to manufacture or distribute, a controlled substance. "(b) For purposes of this section, a 'vessel of the United States' means— "(1) a vessel documented under chapter 121 of title 46, United States Code, or a vessel numbered as provided in chapter 123 of that title; "(2) a vessel owned in whole or part by— "(A) the United States or a territory, commonwealth, or possession of the United States; "(B) a State or political subdivision thereof; "(C) a citizen or national of the United States; or

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"(D) a corporation created under the laws of the United States or any State, the District of Columbia, or any territory, commonwealth, or possession of the United States; unless the vessel has been granted the nationality of a foreign nation in accordance with article 5 of the 1958 Cfonvention on the High Seas; and 13 UST 2312. "(3) a vessel that was once documented under the laws of the United States and, in violation of the laws of the United States, was either sold to a person not a citizen of the United States or placed under foreign registry or a foreign flag, whether or not the vessel has been granted the nationality of a foreign nation. "(c)(1) For purposes of this section, a 'vessel subject to the jurisdiction of the United States' includes— "(A) a vessel without nationality; "(B) a vessel assimilated to a vessel without nationality, in accordance with paragraph (2) of article 6 of the 1958 Convention on the High Seas; "(C) a vessel registered in a foreign nation where the flag nation has consented or waived objection to the enforcement of United States law by the United States; "(D) a vessel located within the customs waters of the United States; and "(E) a vessel located in the territorial waters of another nation, where the nation consents to the enforcement of United States law by the United States. Consent or waiver of objection by a foreign nation to the enforce- Communications ment of United States law by the United States under subparagraph and tele(C) or (E) of this paragraph may be obtained by radio, telephone, or communications. similar oral or electronic means, and may be proved by certification of the Secretary of State or the Secretary s designee. "(2) For purposes of this section, a 'vessel without nationality' Claims. includes— "(A) a vessel aboard which the master or person in charge makes a claim of registry, which claim is denied by the flag nation whose registry is claimed; and "(B) any vessel aboard which the master or person in charge fails, upon request of an officer of the United States empowered to enforce applicable provisions of United States law, to make a claim of nationality or registry for that vessel. A claim of registry under subparagraph (A) may be verified or Communications denied by radio, telephone, or similar oral or electronic means. The and teledenial of such claim of registry by the claimed flag nation may be communications. proved by certification of the Secretary of State or the Secretary's designee. "(3) For purposes of this section, a claim of nationality or registry Claims. only includes: "(A) possession on board the vessel and production of documents evidencing the vessel's nationality in accordance with article 5 of the 1958 Convention on the High Seas; "(B) flying its flag nation's ensign or flag; or "(C) a verbal claim of nationality or registry by the master or person in charge of the vessel. "(d) A clEum of failure to comply with international law in the Claims. enforcement of this Act may be invoked solely by a foreign nation, and a failure to comply with international law shall not divest a court of jurisdiction or otherwise constitute a defense to any proceeding under this Act.

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 100 STAT. 3554 Imports.

"

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46 USC app. 1904.

PUBLIC LAW 99-640—NOV. 10, 1986

"(e) This section does not apply to a common or contract carrier or an employee thereof, who possesses or distributes a controlled substance in the lawful and usual course of the carrier's business or to a public vessel of the United States, or any person on board such a vessel who possesses or distributes a controlled substance in the lawful course of such person's duties, if the controlled substance is a part of the cargo entered in the vessel's manifest and is intended to be lawfully imported into the country of destination for scientific, medical, or other legitimate purposes. It shall not be necessary for the United States to negative the exception set forth in this subsection in any complaint, information, indictment, or other pleading or in any trial or other proceeding. The burden of going forward with the evidence with respect to this exception is upon the person claiming its benefit. "(f) Any person who violates this section shall be tried in the United States district court at the point of entry where that person enters the United States, or in the United States District Court of the District of Columbia. "(g)(1) Any person who commits an offense defined in this section shall be punished in accordance with the penalties set forth in section 1010 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 960). "(2) Notwithstanding paragraph (1) of this subsection, any person convicted of an offense under this Act shall be punished in accordance with the penalties set forth in section 1012 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 962) if such offense is a second or subsequent offense as defined in section 1012(b) of that Act. "(h) This section is intended to reach acts of possession, manufacture, or distribution committed outside the territorial jurisdiction of the United States. "(i) The definitions in the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 802) apply to terms used in this Act. "(j) Any person who attempts or conspires to commit any offense defined in this Act is punishable by imprisonment or fine, or both, which may not exceed the maximum punishment prescribed for the offense, the commission of which was the object of the attempt or conspiracy. "SEC. 4. Any property described in section 511(a) of the Comprehensive D r u g Abuse Prevention and Control Act of 1970 (21 U.S.C. 881(a)) that is used or intended for use to commit, or to facilitate the commission of, a n offense under this Act shall be subject to seizure and forfeiture in the s a m e m a n n e r a s similar roperty seized or forfeited under section 511 of the Comprehensive irug Abuse Prevention and Control Act of 1970 (21 U.S.C. 881).".

E

AUTHORITY TO ISSUE CERTAIN CERTIFICATES

SEC. 18. Notwithstanding sections 12105, 12106, 12107, and 12108 of title 46, United States Code, and section 27 of the Merchant Marine Act, 1920 (46 App. U.S.C. 883), as applicable on the date of the enactment of this Act, the Secretary of the department in which

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100 STAT. 3555

the Coast Guard is operating may issue a certificate of documentation for the following vessels: Dunes Spirit, United States official number 690176; Kodiak Queen, United States official number 507891; La Reina, United States official number 230115; Northwind, United States official number 230147; and Wanderbird, United States official number 229607. Approved November 10, 1986.

LEGISLATIVE HISTORY—H.R. 4208: HOUSE REPORTS: No. 99-547 (Comm. on Merchant Marine and Fisheries). SENATE REPORTS: No. 99-530 (Comm. on Commerce, Science, and Transportation). CONGRESSIONAL RECORD, Vol. 132 (1986): May 6, considered and passed House. Oct. 16, considered and passed Senate, amended; House concurred in Senate amendment.

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Page:United States Statutes at Large Volume 100 Part 5.djvu/82

 100 STAT. 3556

PUBLIC LAW 99-641—NOV. 10, 1986

Public Law 99-641 99th Congress An Act Nov. 10, 1986 [H.R. 4613] Futures Trading Act of 1986. Agriculture and agricultural commodities. 7 USC 1 note.

To reauthorize appropriations to carry out the Commodity Exchange Act, and to make technical improvements to that Act.

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

(a) SHORT TITLE.—This Act may be cited as the "Futures Trading Act of 1986". (b) TABLE OF CONTENTS.—The table of contents is as follows: Sec. 1. Short title and table of contents. Sec. Sec. Sec. Sec. Sec. Sec. Sec.

101. 102. 103. 104. 105. 106. 107,

Sec. Sec. Sec. Sec.

108. 109. 110. 111.

Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec.

membership

203. 204. 205. 206.

TITLE II—MISCELLANEOUS PROVISIONS Cross compliance for producers of extra long staple cotton. Basis for computation of emergency compensation under the 1986 wheat program. Valencia peanuts. Local agricultural stabilization and conservation committees. Eligibility of certain land under the conservation reserve program. Marketing practices and training.

301. 302. 303. 304. 305. 306. 307.

TITLE ill—GRAIN QUALITY IMPROVEMENT Short title. Declaration of policy. Foreign material recombination. Insect infestation. Study of premiums for high-quality grain. Review of optimal grade proposal. Study of uniform end-use value tests.

401. 402. 403. 404. 405. 406. 407. 408.

TITLE IV—FEDERAL MEAT INSPECTION Short title. Purpose. Amendments to Federal Meat Inspection Act. Savings provision. Sense of Congress. , Annual report. Congressional reevaluation. Effective date; application of amendments.

Sec. 201. Sec. 202. Sec. Sec. Sec. Sec.

TITLE I—FUTURES TRADING Fraudulent practices. Options transactions. Extraterritorial service of subpenas. Ex parte appointment of temporary receivers. Certain prohibited transactions. Authorization for appropriations. Registered futures association disciplinary actions and restrictions. Rule review procedures. Leverage transactions. Technical corrections. GAO study of trading in cattle futures contracts.

.-••

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TITLE I—FUTURES TRADING SEC. 101. FRAUDULENT PRACTICES.

Section 4b of the Commodity Exchange Act (7 U.S.C. 6b) is amended— (1) by striking out "on or subject to the rules of any contract market," the second place it appears in the first sentence; and (2) by adding at the end thereof the following new paragraph: "Nothing in this section shall apply to any activity that occurs on a board of trade, exchange, or market, or clearinghouse for such board of trade, exchange, or market, located outside the United States, or territories or possessions of the United States, involving any contract of sale of a commodity for future delivery that is made, or to be made, on or subject to the rules of such board of trade, exchange, or market.".

Commerce and trade. Contracts.

SEC. 102. OPTIONS TRANSACTIONS.

Subsection (c) of section 4c of the Commodity Exchange Act (7 U.S.C. 6c(c)) is amended to read as follows: "(c) Not later than 90 days after the date of the enactment of the Futures Trading Act of 1986, the Commission shall issue regulations— "(1) to eliminate the pilot status of its program for commodity option transactions involving the trading of options on contract markets, including any numerical restrictions on the number of commodities or option contracts for which a contract market - may be designated; and "(2) otherwise to continue to permit the trading of such commodity options under such terms and conditions that the Commission from time to time may prescribe.".

Regulations.

Contracts.

SEC. 103. EXTRATERRITORIAL SERVICE OF SUBPENAS.

Section 60?) of the Commodity Exchange Act (7 U.S.C. 15) is amended— (1) in the third sentence, by inserting "(except as provided in the fifth sentence of this subsection)" immediately before "may administer oaths and affirmations, subpena witnesses"; (2) in the fourth sentence, by striking out "or any State" and inserting in lieu thereof ", any State, or any foreign country or jurisdiction"; and (3) by inserting after the fourth sentence the following new sentence: "A subpena issued under this section may be served upon any person who is not to be found within the territorial jurisdiction of any court of the United States in such manner as the Federal Rules of Civil Procedure prescribe for service of process in a foreign country, except that a subpena to be served on a person who is not to be found within the territorial jurisdiction of any court of the United States may be issued only on the prior approval of the Commission.". SEC. 104. EX PARTE APPOINTMENT OF TEMPORARY RECEIVERS.

The proviso of the first sentence of section 6c of the Commodity Exchange Act (7 U.S.C. 13a-l) is amended by inserting within the parenthetical phrase before the closing parenthesis the following: ", and other than an order appointing a temporary receiver to administer such restraining order and to perform such other duties as the court may consider appropriate".

28 USC app.

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PUBLIC LAW 99-641—NOV. 10, 1986

SEC. 105. CERTAIN PROHIBITED TRANSACTIONS.

Securities. f. • ^ '*^

Section 9(d) of the Commodity Exchange Act (7 U.S.C. 13(d)) is amended— (1) by inserting inmiediately before the period at the end of the first sentence the following: "if nonpublic information is j used in the investment transaction, if the investment transaction is prohibited by rule or regulation of the Commission, or if the investment transaction is effected by means of any instrument regulated by the Commission"; and (2) by striking out the second and third sentences and inserting in lieu thereof the following new sentence: "The foregoing prohibitions shall not apply to any transaction or class of transactions that the Commission, by rule or regulation, has, u. determined would not be contrary to the public interest or otherwise inconsistent with the purposes of this subsection.". SEC. 106. AUTHORIZATION FOR APPROPRIATIONS.

. •'

Subsection (d) of section 12 of the Commodity Exchange Act (7 U.S.C. 16(d)) is amended to read as follows: "(d) There are authorized to be appropriated to carry out this Act such sums as may be necessary for each of the fiscal years during the period beginning October 1, 1986, and ending Septem; ber 30, 1989.". SEC. 107. REGISTERED FUTURES ASSOCIATION DISCIPLINARY ACTIONS AND MEMBERSHIP RESTRICTIONS.
 * ,p

.!;e

Subsections (h) and (i) of section 17 of the (Dommodity Exchange Act (7 U.S.C. 21 (h) and (i)) are amended to read as follows: "(h)(1) If any registered futures association takes any final disciplinary action against a member of the association or a person associated with a member, denies admission to any person seeking membership therein, or bars any person from being associated with a member, the association promptly shall give notice thereof to such member or person and file notice thereof with the (Dommission. The notice shall be in such form and contain such information as the Commission, by rule or regulation, may prescribe as necessary or appropriate to carry out the purposes of this Act. '(2) Any action with respect to which a registered futures association is required by paragraph (1) to file notice shall be subject to review by the Commission on its motion, or on application by any person aggrieved by the action. Such application shall be filed within 30 days after the date such notice is filed with the (Commission and received by the aggrieved person, or within such longer period as the Commission may determine. "(3)(A) Application to the Commission for review, or the institution of review by the (Dommission on its own motion, shall not operate as a stay of such action unless the Commission otherwise orders, summarily or after notice and opportunity for hearing on the question of a stay (which hearing may consist solely of the submission of affidavits or presentation of oral arguments). "(B) The dJommission shall establish procedures for expedited consideration and determination of the question of a stay. "(i)(1) In a proceeding to review a final disciplinary action taken by a registered futures association against a member thereof or a person associated with a member, after appropriate notice and opportunity for a hearing (which hearing may consist solely of consideration of the record before the association and opportunity

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for the presentation of supporting reasons to affirm, modify, or set aside the sanction imposed by the association)— "(A) if the Commission finds that— "(i) the member or person associated with a member has engaged in the acts or practices, or has omitted the acts, that the association has found the member or person to have engaged in or omitted; "(ii) the acts or practices, or omissions to act, are in violation of the rules of the association specified in the determination of the association; and "(iii) such rules are, and were applied in a manner, consistent with the purposes of this Act, the Commission, by order, shall so declare and, as appropriate, afHrm the sanction imposed by the association, modify the ^ sanction in accordsmce with paragraph (2), or remand the case ^ < to the association for further proceedings; or "(B) if the Commission does not make any such finding, the Commission, by order, shall set aside the sanction imposed by the association and, if appropriate, remand the case to the association for further proceedings. "(2) If, after a proceeding under paragraph (1), the Commission finds that any penalty imposed on a member or person associated with a member is excessive or oppressive, having due regard for the public interest, the Commission, by order, shall cancel, reduce, or require the remission of the penalty. "(3) In a proceeding to review the denial of membership in a registered futures association or the barring of any person from being associated with a member, after appropriate notice and opportunity for a hearing (which hearing may consist solely of consideration of the record before the association and opportunity for the presentation of supporting reasons to affirm, modify, or set aside the action of the association)-— "(A) if the Commission Hnds that— "(i) the specific grounds on which the denial or bar is based exist in fact; "(ii) the denial or bar is in accordance with the rules of ' the association; and "(iii) such rules are, and were applied in a manner, ,, consistent with the purposes of this Act, ^v-t. the Commission, by order, shall so declare and, as appropriate, affirm or modify the action of the association, or remand the case to the association for further proceedings; or "(B) if the Commission does not make any such finding, the ' Commission, by order, shall set aside the action of the association and require the association to admit the applicant to membership or permit the person to be associated with a « «. member, or, as appropriate, remand the case to the association ' " for further proceedings. "(4) Any person (other than a registered futures association) aggrieved by a final order of the Commission entered under this subsection may file a petition for review with a United States court of appeals in the same manner as provided in section 6(b).". Ante, p. 3557. SEC. 108. RULE REVIEW PROCEDURES.

Section 17(j) of the Commodity Exchange Act (7 U.S.C. 21(j)) is amended by striking out the third sentence.

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PUBLIC LAW 99-641—NOV. 10, 1986

SEC. 109. LEVERAGE TRANSACTIONS.

')

Section 19 of the Commodity Exchange Act (7 U.S.C. 23) is amended to read as follows: Contracts. "SEC. 19. (a) Except as authorized under subsection (b), no person shall offer to enter into, enter into, or confirm the execution of, any transaction for the delivery of any commodity under a standardized contract commonly known to the trade as a margin account, margin contract, leverage account, or leverage contract, or under any contract, account, arrangement, scheme, or device that the Commission determines serves the same function or functions as such a standardized contract, or is marketed or managed in substantially the same manner as such a standardized contract. Metals. "(b)(1) Subject to paragraph (2), no person shall offer to enter into, Regulations. enter into, or confirm the execution of, any transaction for the Fraud. delivery of silver bullion, gold bullion, bulk silver coins, bulk gold coins, or platinum under a standardized contract described in subsection (a), contrary to the terms of any rule, regulation, or order that the Commission shall prescribe, which may include terms designed to ensure the financial solvency of the transaction or prevent manipulation or fraud. Such rule, regulation, or order may be made only after notice and opportunity for hearing. The Commission may set different terms and conditions for transactions involving different commodities. "(2) No person may engage in any activity described in paragraph (1) who is not permitted to engage in such activity, by the rules, regulations, and orders of the Commission in effect on the date of the enactment of the Futures Trading Act of 1986, until the Commission permits such person to engage in such activity in accordance with regulations issued in accordance with subsection (0(2). "(c)(1)(A) Not later than 2 years after the date of the enactment of the Futures Trading Act of 1986, the Commission shall— "(i) with the assistance of a futures association registered under this Act, conduct a survey concerning the persons interested in engaging in the business of offering to enter into, entering into, or confirming the execution of, the transactions described in subsection (b)(1); and Reports. "(ii) transmit a report of the results of the survey to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate. Reports. "(B) Notwithstanding any other provision of law, for purposes of completing such report the Commission may direct, by rule, regulation, or order, a futures association registered under this Act to render such assistance as the Commission shall specify. Reports. "(C) Such report shall include the findings and any recommendations of the Commission concerning— "(i) whether such transactions serve an economic purpose; "(ii) the most efficient manner, consistent with the public interest, to permit additional persons to engage in the business j.,_ of offering to enter into, entering into, and confirming the execution of such transactions; and "(iii) the appropriate regulatory scheme to govern such transg actions to ensure the financial solvency of such transactions and to prevent manipulation or fraud.

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Rh Suddenly Hal thought he heard a call!

Then a man's arm appeared above the water's surface, a few yards away.

"Cramps," yelled Hal to Harry and Bert, while all three hurried to where the man's hand had been seen.

But it did not come up again.

"I'll dive down!" spluttered Hal, who had the reputation of being able to stay a long time under water.

It seemed quite a while to Bert and Harry before Hal came up again, but when he did he was trying to pull with him a big, fat man, who was all but unconscious.

"Can't move," gasped Hal, as the heavy burden was pulling him down.

Bit by bit the man with cramps gained a little strength, and with the boys' help he was towed in to shore.

There was not a life-guard in sight, and Hal had to hurry off to the pier for some restoratives, for the man was very weak. On his way, Hal met a guard who, of course, ran to the spot where Harry and Bert were giving the man artificial respiration.


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Page:United States Statutes at Large Volume 100 Part 5.djvu/87

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100 STAT. 3561

"(2) The report shall also include Commission regulations govern- Reports. ing such transactions. The regulations shall provide for permitting Regulations. additional persons to engage in such transactions. The regulations shall become effective on the expiration of 90 calendar days on which either House of Congress is in session after the date of the transmittal of the report to Congress. The regulations— "(A) may authorize or require, notwithstanding any other provision of law, a futures association registered under this Act to perform such responsibilities in connection with such trsinsactions as the Commission may specify; and "(B) may require that permission for additional persons to engage in such business be given on a gradual basis, so as not to place an undue burden on the resources of the Commission. "(d) This section shall not affect any rights or obligations arising out of any transaction subject to this section, as in effect before the date of the enactment of the Futures Trading Act of 1986, that was entered into, or the execution of which was confirmed, before the date of the enactment of such Act.". SEC. n o. TECHNICAL CORRECTIONS.

The Commodity Exchange Act is amended— (1) m the third sentence of section 2(a)(l)(B)(ivXD (7 U.S.C. 2a(iv)(I)), by striking out "Securities Exchange Commission" and inserting in lieu thereof "Securities and Exchange Commission"; (2) in the fourth full sentence of section 5a(12) (7 U.S.C. 7a(12)), by striking out "particpate" and inserting in lieu thereof "participate"; (3) m the first sentence of section 9(c) (7 U.S.C. 13(c)), by striking out "section 4k." and inserting in lieu thereof "section 4k,"; (4) in the first sentence of section 9(d) (7 U.S.C. 13(d)), by striking out "advance guarantee" and inserting in lieu thereof "advance guaranty"; (5) by repealing section 11 (7 U.S.C. 14 note); (6) in the second full sentence of section 17(b)(2) (7 U.S.C. 21(b)(2)), by striking out "with in" and inserting in lieu thereof "within"; and (7) in section 17(k)(l) (7 U.S.C. 21(k)(l)), by striking out "title" and inserting in lieu thereof "section". SEC. i n. GAO STUDY OF TRADING IN CATTLE FUTURES CONTRACTS.

(a) STUDY.—The Comptroller General of the United S t a t ^ shall conduct and complete a comprehensive study of the effect of trading in contracts for the future delivery of live cattle on the cash market price of live cattle, with particular emphasis on— (1) whether the reaction of the live cattle futures market to the results of the milk production termination program in March 1986, conducted under section 201(d)(3) of the Agricultural Act of 1949 (7 U.S.C. 1446(d)(3)), was based on and accurately reflected the then prevailing conditions of supply and demand; (2) the effect of the trading in contracts for the future delivery of live cattle on— (i) the price relationship between feeder cattle and fed cattle;

7 USC 14. ,^

7 USC 20 note.

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PUBLIC LAW 99-641—NOV. 10, 1986 .,

. *

' '

(ii) the price discovery process with respect to live cattle; and (iii) price competition within the cattle industry; (3) the effect of the use of packer contracts, as a means of obtaining slaughter cattle, on the increase in short hedging in contracts for the future delivery of live cattle and the effect of this increase in short hedging on prices in the futures and cash markets; (4) the effect on the ability of the cash markets to accurately reflect prevailing conditions of supply and demand if packer contracts become the prevalent method of marketing fed cattle; (5) whether the present delivery system for contracts for the future delivery of live cattle creates any bias (either upward or downward) in the cash price for cattle; (6) whether the present delivery system for contracts for the future delivery of live cattle creates price volatility during the delivery month; and (7) whether there are advantages or disadvantages to a cash settlement system in lieu of the present delivery system in the case of contracts for the future delivery of live cattle.

(b) REPORTS.— (1) PREUMINARY REPORT.—Not

later than January 15, 1987, the Comptroller General shall submit a preliminary report on the results of the study required under subsection (a) to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate. (2) FINAL REPORT.—Not later than 1 year after the date of enactment of this Act, the Comptroller General shall submit to such committees a detailed final report of the results of the study required under subsection (a).

i i

Loans.

1

. TITLE II—MISCELLANEOUS PROVISIONS

SEC. 201. CROSS COMPLIANCE FOR PRODUCERS OF EXTRA LONG STAPLE COTTON.

Paragraph (16) of section 103(h) of the Agricultural Act of 1949 (7 U.S.C. 1444(h)(16)) is amended to read as follows: "(16XA) Notwithstanding any other provision of law, except as provided in subparagraph (B), compliance on a farm with the terms and conditions of any other commodity program may not be required as a condition of eligibility for loans or pa3mients under this subsection. "(B) In the case of each of the 1989 and 1990 crops of extra long staple cotton, the Secretary may require that, as a condition of eligibility of producers for loans or payments under this subsection, the acreage planted for harvest on the farm to any other commodity for which an acreage limitation program is in effect shall not exceed the crop acreage base established for the farm for that commodity. "(C) Notwithstanding any other provision of law, in the case of each of the 1987 and 1988 crops of extra long staple cotton, compliance with the terms and conditions of the program authorized by this subsection may not be required as a condition of eligibility for loans, purchases, or payments under any other commodity program.".

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100 STAT. 3563

SEC. 202. BASIS FOR COMPUTATION OF EMERGENCY COMPENSATION UNDER THE 1986 WHEAT PROGRAM.

Section lOTEKcXlXEXii) of the Agricultural Act of 1949 (7 U.S.C. 1445b-3(c)(l)(E)(ii)) is amended by striking out "marketing year for such crop" and inserting in lieu thereof "first 5 months of the marketing year for the 1986 crop and the marketing year for each of the 1987 through 1990 crops". SEC. 203. VALENCIA PEANUTS.

New Mexico.

Section 108B(4)(A) of the Agricultural Act of 1949 (7 U.S.C. 1445c2(4)(A)) is amended by inserting after "additional peanuts" the following: "(other than net gains on additional peanuts in separate type pools established under paragraph (3)(B)(i) for Valencia peanuts produced in New Mexico)". SEC. 204. LOCAL AGRICULTURAL STABILIZATION AND CONSERVATION COMMITTEES.

The fifth paragraph of section 8(b) of the Soil Conservation and Domestic Allotment Act (16 U.S.C. 590h(b)) (as amended by section 3 of Public Law 99-253 (100 Stat. 36)) is amended— (1) by inserting after the third sentence the following new sentence: "Notwithstanding the preceding sentence, there may be one local administrative area in any county for which there had been established less than three local administrative areas as of December 23, 1985."; and (2) in the sixth sentence (as it existed before the amendment made by paragraph (1)), by striking out ": Provided," and all that follows through the period and inserting in lieu thereof a period. SEC. 205. ELIGIBILITY OF CERTAIN LAND UNDER THE CONSERVATION RESERVE PROGRAM.

Section 1231 of the Food Security Act of 1985 (16 U.S.C. 3831) is amended by adding at the end thereof the following new subsection: "(f) For purposes of this subtitle, alfalfa and other multiyear grasses and legumes, in a rotation practice approved by the Secretary, shall be considered agricultural commodities.". SEC. 206. MARKETING PRACTICES AND TRAINING. (a) MARKETING PRACTICES OF F M H A APPLICANTS AND BORROWERS.—

(1) STUDY.—The Comptroller General of the United States shall conduct a study of marketing practices used by applicants for and borrowers of farm loans made, insured, or guaranteed under the Consolidated Farm and Rural Development Act (7 U.S.C. 1921 et seq.). The study shall include an examination of the methods used by the applicants and borrowers in marketing agricultural commodities, livestock, and aquacultural producte and the extent to which the applicants and borrowers use advanced marketing techniques for such sales. (2) REPORT.—Not later than 1 year after the date of enactment of this Act, the Comptroller General shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report describing the results of the study conducted under paragraph (1), together with any appropriate recommendations.

7 USC 2271a note.

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 100 STAT. 3564 7 USC 2271a.

PUBLIC LAW 99-641—NOV. 10, 1986 (b) ADVANCED MARKETING TRAINING FOR FARMERS AND RANCH-

ERS.—The Secretary of Agriculture may establish a program to train farmers and ranchers in advanced techniques for the marketing of agricultural commodities, livestock, and aquacultural products produced by such farmers and ranchers, including (where appropriate as determined by the Secretary) training in the use of futures and options markets. TITLE III—GRAIN QUALITY IMPROVEMENT Grain Quality Improvement Act of 1986. 7 USC 71 note.

SEC. 301. SHORT TITLE.

This title may be cited as the "Grain Quality Improvement Act of 1986". SEC. 302. DECLARATION OF POLICY.

Section 2 of the United States Grain Standards Act (7 U.S.C. 74) is amended— (1) by inserting "(a)" after the section designation; and (2) by adding at the end thereof the following new subsection: "(b) It is also declared to be the policy of Congress— "(1) to promote the marketing of grain of high quality to both domestic and foreign buyers; "(2) that the primary objective of the official United States standards for grain is to certify the quality of grain as accurately as practicable; and "(3) that official United States standards for grain shall— "(A) define uniform and accepted descriptive terms to facilitate trade in grain; "(B) provide information to aid in determining grain storability; "(C) offer users of such standards the best possible information from which to determine end-product yield and quality of grain; and "(D^ provide the framework necessary for markets to establish grain quality improvement incentives.". SEC. 303. FOREIGN MATERIAL RECOMBINATION.

(a) PROHIBITED ACT.—Section 13 of the United States Grain Standards Act (7 U.S.C. 87b) is amended by adding at the end thereof the following new subsection: "(d)(1) Subject to paragraphs (2) and (3), to ensure the quality of grain marketed in or exported from the United States— "(A) no dockage or foreign material, as defined by the Secretary, once removed from grain shall be recombined with any grain; and "(B) no dockage or foreign material of any origin may be added to any grain. "(2) Nothing in paragraph (1) shall be construed to prohibit— "(A) the treatment of grain to suppress, destroy, or prevent insects and fungi injurious to stored grain; "(B) the marketing, domestically or for export, of dockage or foreign material removed from grain if such dockage or foreign material is marketed— "(i) separately and uncombined with any such whole grain; "(ii) in pelletized form; or

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100 STAT. 3565

'1

"(iii) as a part of a processed ration for livestock, poultry, or fish; "(C) the blending of grain with similar grain of a different quality to adjust the quality of the resulting mixture; "(D) the recombination of broken corn or broken kernels, as defined by the Administrator, with grain of the type from which the broken corn or broken kernels were derived; "(E) effective for the period ending December 31, 1987, the recombination of dockage or foreign material, except dust, removed at an export loading facility from grain destined for shipment as a cargo under one export official certificate of inspection if— "(i) the recombination occurs during the loading of the cargo; "(ii) the purpose is to ensure uniformity of dockage or ,. foreign material throughout that specific cargo; and "(iii) the separation and recombination are conducted in accordance with regulations issued by the Administrator; or "(F) the addition to grain of a dust suppressant, or the addition of confetti or any other similar material that serves the same purpose in a quantity necessary to facilitate identification of ownership or origin of a particular lot of grain. "(3)(A) The Secretary may, by regulation, exempt from paragraph Business and (1) the last handling of grain in the final sale and shipment of such industry. grain to a domestic user or processor if such exemption is determined by the Secretary to be in the best economic interest of producers, grain merchants, the industry involved, and the public. "(B) Grain sold under an exemption authorized by this paragraph shall be consumed or processed into one or more products by the purchaser, but may not be resold into commercial channels for such grain or blended with other grain for resale. Neither products nor byproducts derived therefrom (except vegetable oils as defined by the Secretary and used as a dust suppressant) shall be blended with or added to grain in commercial channels.". (b) EFFECTIVE DATE.—The amendments made by this section shall 7 USC 87b note, become effective on May 1, 1987. SEC. 304. INSECT INFESTATION.
 * ,_•

Not later than 6 months after the date of enactment of this Act, the Administrator of the Federal Grain Inspection Service shall issue a final rule that revises grain inspection procedures and standards established under the United States Grain Standards Act (7 U.S.C. 71 et seq.) to more accurately reflect levels of insect infestation. SEC. 305. STUDY OF PREMIUMS FOR HIGH-QUALITY GRAIN.

(a) STUDY.—After public comment from and in consultation with grain producers, grain merchants, grain processors, and grain exporters, the Secretary of Agriculture shall conduct a study of the feasibility and appropriateness of adjusting Commodity Credit Corporation grain premium and discount schedules— (1) to encourage the delivery, storage, and export of highquality, clean grain; and (2) to offer incentives to minimize the quantity of moisture,
 * foreign material, dockage, shrunken and broken kernels, and

damaged kernels in lots of grain pledged as collateral for

Regulations. 7 USC 76 note.

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Page:United States Statutes at Large Volume 100 Part 5.djvu/92

 100 STAT. 3566

PUBLIC LAW 99-641—NOV. 10, 1986

Commodity Credit Corporation loans or in grain owned by the Commodity Credit Corporation, (b) REPORT.—Not later than 180 days after the date of enactment of this Act, the Secretary shall transmit a report describing the results of the study required under subsection (a), together with recommendations, to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate. SEC. 306. REVIEW OF OPTIMAL GRADE PROPOSAL. (a) NOTICE AND COMMENT.—To evaluate the effects of moving to an

Federal Register, publication.

Business and industry.

7 USC 76 note.

optimal grain grading system, the Administrator of the Federal Grain Inspection Service shall— (1) publish in the Federal Register a detailed description of the proposals contained in H.R. 5354, 99th Congress, the Optimal Grain Grading Act of 1986; and (2) solicit public comment, during a period of not less than 60 days on— (A) the optimal grain grading system as proposed in H.R. ': 5354; and (B) the general objective of improving grain quality by revising the official United States grain standards to provide greater economic incentives for production and sale of high-quality grain. (b) REPORT.—The Administrator shall report to Congress, by May 1, 1987, on the comments received and on the recommendations of the Administrator with respect to the matters on which comments were solicited. SEC. 307. STUDY OF UNIFORM END-USE VALUE TESTS.

(a) STUDY.—The Secretary of Agriculture shall direct the Federal Grain Inspection Service and the Agricultural Research Service to conduct a study of the need for and availability of uniform end-use value tests for grain. The study shall include the following: (1) A survey of domestic and foreign buyers of grain to - identify the information about grain characteristics that would be most useful to such buyers. The survey shall take into account those factors that buyers specify in contracts, test for, measure, or would measure if tests were available, including— (A) the starch, oil, and protein content, breakage susceptibility, and individual kernel moisture of corn; (B) the baking characteristics, protein content, gluten content and quality, and milling hardness of wheat; and (C) the protein, oil, and free-fatty-acid content of soybeans. (2) A review of the development and availability of tests for the characteristics identified in the survey conducted under paragraph (1), including an evaluation of the costs of providing i- such tests. OD) END-USE TESTS.— (1) ONGOING REVIEW.—The

Secretary of Agriculture shall direct the Federal Grain Inspection Service and the Agricultural Research Service to maintain an ongoing review to determine the end-use tests that are of economic value to buyers, and the availability and costs of such tests. i\ (2) REVISION OF PROCEDURES.—The Administrator of the Fed('•• era! Grain Inspection Service, to the extent practicable, shall

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Page:United States Statutes at Large Volume 100 Part 5.djvu/93

 PUBLIC LAW 99-641—NOV. 10, 1986

100 STAT. 3567

revise official grain inspection and certification procedures to include within official inspection (as defined in section 3(i) of the United States Grain Standards Act (7 U.S.C. 75(i))) those tests that are identified under the study conducted under subsection (a) as useful, available, and economically feasible, (c) REPORTS.— (1) STUDY AND REVISION OF PROCEDURES.—Not

later than 1 year after the date of enactment of this Act, the Administrator of the Federal Grain Inspection Service shall submit a report to Congress setting forth the results of the study conducted under subsection (a) and actions taken under subsection (b)(2). (2) ONGOING REVIEW.—The Administrator shall report yearly to Congress on the ongoing review conducted under subsection (b)(l). TITLE IV—FEDERAL MEAT INSPECTION

SEC. 401. SHORT TITLE.

This title may be cited as the "Processed Products Inspection Improvement Act of 1986". SEC. 402. PURPOSE.

Processed Products Inspection Improvement Act of 1986. 21 USC 601 note.

The amendments made by this title are in furtherance of the findings made by Congress in section 2 of the Federal Meat Inspection Act (21 U.S.C. 602). SEC. 403. AMENDMENTS TO FEDERAL MEAT INSPECTION ACT.

(a) MANNER AND FREQUENCY OF INSPECTION.—Effective only during the 6-year period beginning on the date of enactment of this Act, section 6 of the Federal Meat Inspection Act (21 U.S.C. 606) is amended by striking out "That for the purposes" and all that follows through "Provided, That" and inserting in lieu thereof the following: "(a)(1) For the purposes set forth in the preceding provisions of this Act, the Secretary shall cause to be made, by inspectors appointed for that purpose, an examination and inspection of meat food products prepared for commerce in any slaughtering, meatcanning, salting, packing, rendering, or similar establishment. "(2) Such examination and inspection shall be conducted with such frequency and in such manner as the Secretary considers necessary, as provided in rules and regulations issued by the Secretary, taking into account such factors as the Secretary considers to be appropriate, including— "(A) the nature and frequency of the processing operations at such establishment; "(B) the adequacy and reliability of the processing controls and sanitary procedures at such establishment; and "(C) the history of compliance with inspection requirements in effect under this Act, by the operator of such establishment or anyone responsibly connected with the business (as described in section 401(g)) that operates such establishment. "(b)(1) All such products found by any of such inspectors and by the operator of such establishment to be not adulterated shall be marked, stamped, tagged, or labeled as 'Inspected and passed'. "(2) All such products found by any of such inspectors or by the operator of such establishment to be adulterated shall be marked, stamped, tagged, or labeled as 'Inspected and condemned'. Each

Commerce and trade.

Post, p. 3568. Labeling.

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Page:United States Statutes at Large Volume 100 Part 5.djvu/94

 100 STAT. 3568

Law enforcement and crime. Courts, U.S. Health and medical care. Safety. 21 USC 601.

21 USC 601.

Records.

PUBLIC LAW 99-641—NOV. 10, 1986

such condemned product shall be destroyed for human food purposes. The Secretary may suspend inspection at, and remove inspectors from, any establishinent that fails to so condemn adulterated meat food products or fails to so destroy condemned meat food products. "(c) For purposes of any examination and inspection, such inspectors shall have access to every part of an establishment at all times, by day or night, and without regard to whether such establishment is operated. "(d) Notwithstanding the preceding provisions of this section,". (b) ENFORCEMENT METHODS.—Effective only during the 6-year period beginning on the date of enactment of this Act, section 401 of the Federal Meat Inspection Act (21 U.S.C. 671) is amended— (1) by inserting "(a)" after the section designation; (2) in the first sentence— (A) by striking out "applicant, for" and inserting in lieu thereof "applicant for"; (B) by striking out "any felony, or (2)"; and (C) by inserting before the period at the end thereof "or (2) any felony"; (3) in the second sentence— (A) by indenting the first word so as to create a new paragraph; and (B) by inserting "(f)" before the first word; (4) by inserting "(g)" before the first word of the third sentence; •,!'-,, (5) in the fourth sentence— (A) by striking out "The" and inserting in lieu thereof "(h) Except as provided in subsection (e)(2), the"; and (B) by striking out "this section" and inserting in lieu thereof "subsection (e)"; and (6) by inserting after subsection (a), as so designated by paragraph (1) of this subsection, the following new subsections: "(b)(1) On the request of the Secretary at the time of the sentencing of an individual who is a person responsibly connected with any business requiring inspection under title I and who is convicted of a felony involving— "(A) the intentional adulteration of food (except as defined in section l(m)(8)); "(B) the adulteration of food, as defined in section l(m)(8), with intent to defraud; "(C) bribery; or "(D) extortion; the sentencing court shall issue a temporary order forbidding such individual to exercise operational control of, or to be physically present at, any establishment requiring inspection under title I if the court finds that the exercise of operational control by, or the presence of, such individual at any such establishment either poses a direct and substantial threat to the public health or safety or, if such individual is convicted of a felony described in subparagraph (B), poses a clear likelihood of significant economic harm to consumers. "(2) Such order shall terminate— "(A) whenever the Secretary determines by order, after a hearing on the record, whether such individual should exercise operational control of, or be physically present at, any establish-

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Page:United States Statutes at Large Volume 100 Part 5.djvu/95

 PUBLIC LAW 99-641—NOV. 10, 1986

100 STAT. 3569

merit requiring inspection under title I, and judicial review, if 21 USC 601. any, of such determination is completed; or "(B) 90 days after the issuance of such temporary order by the court if the Secretary does not commence such hearing before the expiration of such 90 days; whichever occurs earlier. "(c) Any determination and order of the Secretary issued under District of subsection (a) or (b) shall be conclusive and enforceable unless the Columbia. affected applicant for, or recipient of, inspection service or the Courts, U.S. affected individual files, not later than 30 days after the effective date of such order, a petition for review of such order in the United States Court of Appeals for the District of Columbia Circuit or the court of appeals for the circuit in which the relevant establishment is doing business. Judicial review of such order shall be on the Records. record on which the determination and order are based. "(d)(1) Subject to paragraph (3), the Secretary may commence a Law civil action in an appropriate court, as provided in section 404, to enforcement and withdraw inspection service under title I with respect to any crime. U.S. establishment or to prevent any individual responsibly connected Courts, 674. 21 USC with any business requiring inspection under title I from exercising 21 USC 601. operational control of, or being present at, any establishment requiring inspection under title I. (2) If the court finds, on the basis of clear and convincing Health and evidence, that the recipient of inspection service or such individual medical care. has repeatedly failed to comply with the requirements of this Act, or Safety. the rules and regulations issued under this Act, in a manner that poses a direct and substantial threat to the public health or safety, the court shall issue an order— "(A) withdrawing inspection at such establishment; or ' "(B) forbidding such individual to exercise operational control of, or to be physically present at, such establishment, for such period as the court determines is necessary to carry out the purposes of this Act. "(3) Not less than 90 days, and not more than 450 days, before commencing a civil action under paragraph (1), the Secretary shall provide to each recipient of inspection service, and each individual responsibly connected with the business, with respect to which such action is commenced, a written notice that includes— "(A) a statement that the Secretary intends to commence such action; "(B) a comprehensive description of the violations of this Act and the regulations issued under this Act alleged by the Secretary; and "(C) a description of the actions the Secretary considers necessary to be taken by such recipient or such individual to comply with this Act and to eliminate the need to commence such civil action. "(e)(1) The Secretary may temporarily withdraw inspection serv- Records. ice under title I with respect to any establishment for such period as 21 USC 601. is necessary to ensure the safe and effective performance of official duties under this Act if the Secretary determines, after an opportunity for a hearing on the record, that an officer, employee, or agent of such establishment— "(A) threatened to forcibly assault; "(B) forcibly assaulted; "(C) forcibly intimidated; or "(D) forcibly interfered with,

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Page:United States Statutes at Large Volume 100 Part 5.djvu/96

 100 STAT. 3570

PUBLIC LAW 99-641—NOV. 10, 1986

•

an employee of the United States engaged in, or on account of, the Safety. performance of any of such official duties. Records. "(2)(A) Notwithstanding paragraph (1), the Secretary may tempo21 USC 601. rarily suspend inspection service under title I with respect to any establishment, pending an expedited administrative hearing on the record and judicial review of the order of the Secretary based on such record, if the Secretary determines that temporary suspension J. of such inspection service is necessary for the safety of any employee who performs official duties under this Act. "(B) If the Secretary receives, before or after temporarily suspending such inspection service in accordance with subparagraph (A), adequate written assurances from the recipient of inspection service, or the individuals involved, that the conduct or circumstances that threatened the safety of such employee will not continue or recur, the Secretary may continue or restore such inspection service on condition that such assurances are fulfilled.". (c) WARNING; REPORTING OF VIOLATIONS.—Effective only during the 6-year period beginning on the date of enactment of this Act, section 406 of the Federal Meat Inspection Act (21 U.S.C. 676) is amended— (1) in subsection (b), by adding at the end thereof the following new sentence: "In determining whether the public interest - . y could be adequately served by a written notice of warning, the •^ Secretary shall take into account, among other factors— "(1) the compliance history of such establishment; "(2) the magnitude of the violation; "(3) whether compliance with this Act would likely be obtained as a result of such notice; and "(4) whether such violation is of a minor or technical nature."; and (2) by adding at the end thereof the following new subsection: "(c) Unless the Secretary by regulation provides otherwise, before any violation of this Act is reported by the Secretary for prosecution in a criminal proceeding, the Secretary shall give the person alleged to have committed such violation— "(1) reasonable notice that the Secretary intends to report such violation for prosecution; and "(2) an opportunity to present to the Secretary, orally or in writing, views with respect to such proceeding.". (d) CONFORMING AMENDMENTS.—

(1) NIGHTTIME.—Effective only during the 6-year period beginning on the date of enactment of this Act, section 9 of the Federal Meat Inspection Act (21 U.S.C. 609) is amended by inserting ", except as provided in section 6," after "equines, and" the first place it appears. (2) ADMINISTRATION.—Effective only during the 6-year period •' beginning on the date of enactment of this Act, section 21 of the Federal Meat Inspection Act (21 U.S.C. 621) is amended by striking out "and meat food products" and inserting in lieu thereof "thereof, and of meat food products". 21 USC 606 note. (e) CONSTRUCTION OF AMENDMENTS.—The amendments made by this section shall not be construed to authorize the Secretary of Agriculture to refuse to provide inspection under the Federal Meat Inspection Act (21 U.S.C. 601 et seq.) at an establishment solely because such establishment does not participate in a total plant quality-control program.

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Page:United States Statutes at Large Volume 100 Part 5.djvu/97

 PUBLIC LAW 99-641—NOV. 10, 1986

100 STAT. 3571

SEC. 404. SAVINGS PROVISION.

21 USC 606 note.

The expiration date provisions of section 403 shall not have the effect of releasing or extinguishing any penalty, forfeiture, or liability incurred under the Federal Meat Inspection Act (21 U.S.C. 601 et seq.), as gimended by section 403, or under the rules or regulations issued under such Act. SEC. 405. SENSE OF CONGRESS.

21 USC 606 note.

It is the sense of Congress that the Secretary of Agriculture should— (1) carry out a program to detect residues in livestock that are sulsject to inspection under title I of the Federal Meat Inspection Act (21 U.S.C. 601 et seq.); and (2) evaluate the feasibility of, and develop, a program that would enable the Secretary to trace any particular livestock that are subject to inspection under title I of the Federal Meat Inspection Act, in order to identify the producer of such livestock. SEC. 406. ANNUAL REPORT.

21 USC 606 note.

Not later than 1 year after the date of the enactment of this Act, and annu£dly thereafter, the Secretary of Agriculture shall submit to the (Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report describing— (1) any action proposed or taken by the Secretary to implement the amendments made by section 403; (2) any action proposed or taken by the Secretary to carry out a program to detect residues in livestock that are subject to inspection under title I of the Federal Meat Inspection Act (21 U.S.C. 601 et seq.); (3) any action proposed or taken by the Secretary to evaluate the feasibility of, and develop, a program that would enable the Secretary to trace any particular livestock that are subject to inspection under such title, in order to identify the producer of such livestock; and (4) any personnel action proposed or taken by the Secretary as a result of the amendments made by section 403 and any effort made by the Secretary to minimize any adverse economic effect of such amendments on employees of the Department of Agriculture. SEC. 407. CONGRESSIONAL REEVALUATION.

21 USC 606 note.

It is the sense of Congress that, not later than 6 years after the date of the enactment of this Act, Congress shall— (1) evaluate the operation and effects of the amendments made by section 403, for the purpose of determining whether to extend or modify the operation of such amendments; and (2) enact such legislation as may be necessary to efficiently and effectively carry out the Federal Meat Inspection Act (21 U.S.C. 601 et seq.). SEC. 408. EFFECTIVE DATE; APPLICATION OF AMENDMENTS.

(a) GENERAL ErFEcrrivE DATE.—Except as provided in subsection (b) of this section, this title and the amendments made by this title shall become effective on the date of the enactment of this Act.

21 USC 606 note.

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Page:United States Statutes at Large Volume 100 Part 5.djvu/98

 100 STAT. 3572

PUBLIC LAW 99-641—NOV. 10, 1986 (b) TEMPORARY APPLICATION OF EXISTING LAW.—Sections 6, 9, and

21 of the Federal Meat Inspection Act (21 U.S.C. 606, 609, and 621), as in effect immediately before the date of the enactment of this Act, shall apply with respect to establishments until the Secretary of Agriculture first issues rules and regulations to implement the amendments made by section 403(a). Approved November 10, 1986.

LEGISLATIVE HISTORY—H.R. 4613 (S. 2045): HOUSE REPORTS: No. 99-624 (Comm. on Agriculture) and No. 99-995 (Comm. of V o n r(Pl*finC6 f

SENATE REPORTS: No. 99-291 accompanying S. 2045 (Comm. on Agriculture, Nutrition, and Forestry). CONGRESSIONAL RECORD, Vol. 132 (1986): July 16, considered and passed House. Sept. 24, Oct. 6, S. 2045 considered in Senate; proceedings vacated and H.R. 4613, amended, passed in lieu. Oct. 15, House rejected conference report; concurred in Senate amendment with an amendment. , > Oct. 17, Senate concurred in House amendment. . i;sii;>«"

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Page:Bobbsey Twins at the Seashore.djvu/184

172 "You boys did well!" declared the guard, promptly, seeing how hard they worked with the sick man.

"Yes—they saved—my life!" gasped the half-drowned man. "This little fellow"—pointing to Hal—"brought—me up—almost—from—the bottom!" and he caught his breath, painfully.

The man was assisted to a room at the end of the pier, and after a little while he became much better. Of course the boys did not stand around, being satisfied they could be of no more use.

"I must get those lads' names," declared the man to the guard. "Mine is ," and he gave the name of the famous millionaire who had a magnificent summer home in another colony, three miles away.

"And you swam from the Cedars, Mr. Black," exclaimed the guard. "No wonder you got cramps."

An hour later the millionaire was walking the beach looking for the life-savers. He finally spied Hal.

"Here, there, you boy," he called, and Hal


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Page:United States Statutes at Large Volume 100 Part 5.djvu/99

 PUBLIC LAW 99-642—Nov. 10, 1986

100 STAT. 3573

Public Law 99-642 99th Congress An Act To designate the Federal Building at HI W. Huron Street, Buffalo, New York, as the "Thaddeus J. Dulski Federal Building".

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

The Federal Building located at 111 W. Huron Street, Buffalo, New York, shall be known and designated as the "Thaddeus J. Dulski Federal Building". SEC. 2. LEGAL REFERENCES.

Each reference in a law, map, regulation, document, record, or other paper of the United States to such building shall be deemed to be a reference to the "Thaddeus J. Dulski Federal Building". Approved November 10, 1986.

LEGISLATIVE HISTORY—H.R. 5180: HOUSE REPORTS: No. 99-876 (Comm. on Public Works and Transportation). CONGRESSIONAL RECORD, Vol. 132 (1986): Oct. 6, considered and passed House. Oct. 18, considered and passed Senate.

Nov. 10, 1986 IH.R. 5180] Public buildings and grounds.

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Page:United States Statutes at Large Volume 100 Part 5.djvu/100

 100 STAT. 3574

PUBLIC LAW 99-643—NOV. 10, 1986

Public Law 99-643 99th Congress Nov. 10, 1986 [H.R. 5595] Employment Opportunities for Disabled Americans Act. 42 USC 1305 note.

^-^..

An Act

To make permanent and improve the provisions of section 1619 of the Social Security Act, and for other purposes.

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

This Act may be cited as the "Employment Opportunities for Disabled Americans Act". SEC. 2. PERMANENT AUTHORIZATION OF PROGRAM OF BENEFITS UNDER SECTION 1619.

Section 201(d) of the Social Security Disability Amendments of 1980 (42 U.S.C. 1382h note) is amended by striking out ", but shall remain in effect only through June 30, 1987". SEC. 3. ELIGIBILITY OF CERTAIN DISABLED OR BLIND INDIVIDUALS FOR BENEFITS DURING INITIAL TWO MONTHS IN CERTAIN INSTITUTIONS.

Post, p. 3575.

(a) IN GENERAL.—Section 1611(e)(1) of the Social Security Act (42 U.S.C. 1382(e)(l)) is amended— (1) in subparagraph (A) by striking out "and (D)" and inserting in lieu thereof "(D), and (E)"; (2) in subparagraph (B) by inserting "(subject to subparagraph (E))" after "shall be payable"; and (3) by adding at the end thereof the following new subparagraphs: "(E) Notwithstanding subparagraphs (A) and (B), any individual who— "(i)(I) is an inmate of a public institution, the primary purpose of which is the provision of medical or psychiatric care, throughout any month as described in subparagraph (A), or "(II) is in a hospital, extended care fecility, nursing home, or intermediate care facility throughout any month as described in subparagraph (B), "(ii) was eligible under section 1619(a) or (b) for the month preceding such month, and "(iii) under an agreement of the public institution or the hospital, extended care facility, nursing home, or intermediate care facility is permitted to retain any benefit payable by reason of this subparagraph, may be an eligible individual or eligible spouse for purposes of this title (and entitled to a benefit determined on the basis of the rate applicable under subsection (b)) for the month referred to in subclause (I) or (II) of clause (i) and, if such subclause still applies, for the succeeding month. "(F) An individual who is an eligible individual or an eligible spouse for a month by reason of subparagraph (E) shall not be

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Page:United States Statutes at Large Volume 100 Part 5.djvu/101

 PUBLIC LAW 99-643—NOV. 10, 1986

100 STAT. 3575

treated as being eligible under section 1619(a) or (b) for such month for purposes of clause (ii) of such subparagraph.".

42 USC l382h.

(b) MEDICAID STATE PLAN REQUIREMENT.—Section 1902 of the

Social Security Act (42 U.S.C. 1396a) is amended by adding a t the end the following new subsection: "(1) Notwithstanding any provision of subsection (a) to the contrary, a State plan under this title shall provide that any supplemental security income benefits paid by reason of section 1611(e)(1)(E) to an individual who— Ante, p. 3574. "(1) is eligible for medical assistance under the plan, and "(2) is in a hospital, skilled nursing facility, or intermediate care facility at the time such benefits are paid, will be disregarded for purposes of determining the amount of any post-eligibility contribution by the individual to the cost of the care and services provided by the hospital, skilled nursing facility, or intermediate care facility.". SEC. 4. IMPROVEMENTS TO SECTION 1619 PROGRAM. (a) CASH BENEFITS.—Section 1619(a) of the Social Security Act (42

U.S.C. 1382h(a)) is amended to read as follows: "(a)(1) Any individual who was determined to be an eligible individual (or eligible spouse) by reason of being under a disability and was eligible to receive benefits under section 1611 (or a federally administered State supplementary payment) for a month and whose earnings in a subsequent month exceed the amount designated by the Secretary ordinarily to represent substantial gainful activity shall qualify for a monthly benefit under this subsection for such subsequent month (which shall be in lieu of any benefit under section 1611) equal to an amount determined under section 1611(b)(1) (or, in the case of an individual who has an eligible spouse, under section 1611(b)(2)), and for purposes of title XIX shall be considered to be receiving supplemental security income benefits under this title, for so long as— "(A) such individual continues to have the disabling physical or mental impairment on the basis of which such individual was found to be under a disability; and "(B) the income of such individual, other than income excluded pursuant to section 1612(b), is not equal to or in excess of the amount which would cause him to be ineligible for payments under section 1611 and such individual meets all other non-disability-related requirements for eligibility for benefits under this title. "(2) The Secretary shall make a determination under paragraph (1)(A) with respect to an individual not later than 12 months after the first month for which the individual qualifies for a benefit under this subsection.". (b) CONTINUING BENEFITS UNDER TITLE XIX.—Section 16190?) of such Act is amended— (1) in p a r s ^ a p h (1) by striking out "continues to meet" and inserting in lieu thereof "meets", (2) in paragraph (4) by striking out "benefits under this title and title XIX" and inserting in lieu thereof "benefits under this title (including any federally administered State supplementary payments), benefits under title XIX, and publicly funded attendant care services (including personal care assistance),", (3) by redesignating paragraphs (1) through (4) as subparagraphs (A) through (D), respectively.

state and local governments.

42 USC 1396.

42 USC I382a.

state and local governments.

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Page:United States Statutes at Large Volume 100 Part 5.djvu/102

 100 STAT. 3576

Blind persons. State and local governments. 42 USC 1396. Post, p. 3577.

42 USC 1382a.

PUBLIC LAW 99-643—NOV. 10, 1986

(4) by striking out the matter preceding subparagraph (A) (as redesignated by paragraph (3)) and inserting in lieu thereof the following: "(b)(1) For purposes of title XIX, any individual under age 65 who was determined to be a blind or disabled individual eligible to receive a benefit under section 1611 or any federally administered State supplementary payment for a month and who in a subsequent montii is ineligible for benefits under this title (and for any federally administered State supplementary payments) because of his or her income shall, nevertheless, be considered to be receiving supplemental security income benefits for such subsequent month provided that the Secretary determines under regulations that—", and (5) by adding at the end thereof (after and below subparagraph (D), as so redesignated) the following new paragraphs: "(2)(A) Determinations made under paragraph (1)(D) shall be based on information and data updated no less frequently than annually. "(B) In determining an individual's earnings for purposes of paragraph (1)(D), there shall be excluded from such earnings an amount equal to the sum of any amounts which are or would be excluded under clauses (ii) and (iv) of section 1612(b)(4)(B) (or under clauses (ii) and (iii) of section 1612(b)(4)(A)) in determining his or her income.". (c) REVIEW PROCESS FOR OERTAIN INDIVIDUALS.—

J

(1) Section 1631 of such Act (42 U.S.C. 1383) is amended— (A) in subsection (e)(l)(A) by striking out "subparagraph (B)" and inserting in lieu thereof "subparagraph (B) and subsection (j)", and (B) by adding at the end thereof the following new subsection: "Application and Review Requirements for (Dertain Individuals

42 USC I382h.

.^ ^

/i

"(j)(1) Notwithstanding any provision of section 1611 or 1619, any individual who— "(A) was an eligible individual (or eligible spouse) under section 1611 or was eligible for benefits under or pursuant to -n 2= 1 section 1619, and "(B) who, after such eligibility, is ineligible for benefits under or pursuant to both such sections for a period of 12 consecutive months, may not thereafter become eligible for benefits under or pursuant to either such section until the individual has reapplied for benefits under section 1611 and been determined to be eligible for benefits under such section. "(2)(A) Notwithstanding any provision of section 1611 or section 1619, any individual who was eligible for benefits pursuant to section 1619(b), and who— "(i)(l) on the basis of the same impairment on which his or her eligibility under such section 1619(b) was based becomes eligible for benefits under section 1611 or 1619(a) for a month that follows a period durii^ which the individual was ineligible for benefits under sections 1611 and 1619(a), and "(II) has earned income (other than income excluded pursuant to section 1612(b)) for any month in the 12-month period preceding such month that is equal to or in excess of the amount that would cause him or her to be ineligible for payments under

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