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 99 STAT. 1646

Prohibition.

7 USC 2143.

Prohibition.

R^^ations.

Research and development. Prohibition.

Research and development.

PUBLIC LAW 99-198—DEC. 23, 1985

"(B) that the principal investigator considers alternatives to any procedure likely to produce pain to or distress in an experimental animal; "(C) in any practice which could cause pain to animals— "(i) that a doctor of veterinary medicine is consulted in the planning of such procedures; "(ii) for the use of trsuiquilizers, analgesics, and anesthetics; "(iii) for pre-surgical and post-surgical care by laboratory workers, in accordance with established veterinary medical and nursing procedures; "(iv) against the use of paralytics without anesthesia; and "(v) that the withholding of tranquilizers, anesthesia, analgesia, or euthanasia when scientifically necessary shall continue for only the necessary period of time; "(D) that no animal is used in more than one major operative experiment from which it is allowed to recover except in cases of— "(i) scientific necessity; or "(ii) other special circumstances as determined by the Secretary; and "(E) that exceptions to such standards may be made only when specified by research protocol and that any such exception shall be detailed and explained in a report outlined under paragraph (7) and filed with the Institutional Animal Committee.", (b) Section 13(a) of such Act is further amended— (1) by designating the third and fourth sentences as paragraph (4); (2) by designating the fifth sentence as paragraph (5); and (3) by striking out the last sentence and inserting in lieu thereof the following: "(6)(A) Nothing in this Act— "(i) except as provided in paragraphs (7) of this subsection, shall be construed as authorizing the Secretary to promulgate rules, regulations, or orders with regard to the design, outlines, or guidelines of actual research or experimentation by a research facility as determined by such research facility; "(ii) except as provided subparagraphs (A) and (C) (ii) through (v) of paragraph (3) and paragraph (7) of this subsection, shall be construed as authorizing the Secretary to promulgate rules, regulations, or orders with regard to the performance of actual research or experimentation by a research facility as determined by such research facility; and "(iii) shall authorize the Secretary, during inspection, to interrupt the conduct of actual research or experimentation. "(B) No rule, regulation, order, or part of this Act shall be construed to require a research facility to disclose publicly or to the Institutional Animal Committee during its inspection, trade secrets or commercial or financial information which is privileged or confidential. "(7)(A) The Secretary shall require each research facility to show upon inspection, and to report at least annually, that the provisions of this Act are being followed and that professionally acceptable standards governing the care, treatment, and use of animals are being followed by the research facility during actual research or experimentation.

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99 STAT. 1647

"(B) In complying with subparagraph (A), such research facilities shall provide— "(i) information on procedures likely to produce pain or distress in any animal and assurances demonstrating that the principal investigator considered alternatives to those procedures; "(ii) assurances satisfactory to the Secretary that such facility is adhering to the standards described in this section; and "(iii) an explanation for any deviation from the standards promulgated under this section. "(8) Paragraph (1) shall not prohibit any State (or a political subdivision of such State) from promulgating standards in addition to those standards promulgated by the Secretary under paragraph (1).". (c) Section 13 of such Act is further amended by inserting after sulssection (a) the following new subsections: "(b)(1) The Secretary shall require that each research facility establish at least one Committee. Each Committee shall be appointed by the chief executive officer of each such research facility and shall be composed of not fewer than three members. Such members shall possess sufficient ability to assess animal care, treatment, and practices in experimental research as determined by the needs of the research facility and shall represent society's concerns regarding the welfare of animal subjects used at such facility. Of the members of the Committee— "(A) at least one member shall be a doctor of veterinary medicine; "(B) at least one member— "(i) shall not be affiliated in any way with such facility other than as a member of the Committee; "(ii) shall not be a member of the immediate family of a person who is affiliated with such facility; and "(iii) is intended to provide representation for general community interests in the proper care and treatment of animals; and "(C) in those cases where the Committee consists of more than three members, not more than three members shall be from the same administrative unit of such facility. "(2) A quorum shall be required for all formal actions of the Committee, including inspections under paragraph (3). "(3) The Committee shall inspect at least semiannually all animal study areeis and animal facilities of such research facility and review as part of the inspection— "(A) practices involving pain to animals, and "(B) the condition of animals, to ensure compliance with the provisions of this Act to minimize pain and distress to animals. Exceptions to the requirement of inspection of such study areas may be made by the Secretary if animals are studied in their natural environment and the study area is prohibitive to easy access. "(4)(A) The Committee shall file an inspection certification report of each inspection at the research facility. Such report shall— "(i) be signed by a majority of the Committee members involved in the inspection; "(ii) include reports of any violation of the standards promulgated, or assurances required, by the Secretary, including any deficient conditions of animal care or treatment, any deviations

Prohibition.

Ante, p. 1645.

Prohibitions.

Reports.

Research and development.

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 PATE, RICHARD (1516–1588), founder of the Cheltenham grammar school, commonly described as of Minsterworth, Gloucestershire, was born on 24 Sept. 1516. At the age of sixteen he was admitted ‘disciple’ (= scholar) on the Gloucestershire foundation of Corpus Christi College, Oxford, but never became fellow. He was a commissioner to Henry VIII and Edward VI for taking a survey of all the suppressed religious foundations in Gloucester, Bristol, and neighbouring places, and himself purchased of Edward VI several of the lands belonging to these monasteries in Gloucestershire and elsewhere. He was also for many years recorder of Gloucester. In 1586 he founded the grammar school and almshouses (‘hospital’) at Cheltenham which still bear his name, and by an indenture dated 6 Oct. of that year he covenants with Corpus Christi College that, in return for undertaking the charge of his property and administering the benefaction, they shall, as stipulated in the statutes of the founder, receive one-fourth part of the gross revenue. This property, which was situated in Cheltenham and Gloucester, brought in at that time a gross sum of about 54l. a year. It now, in some years, produces a net income of over 2,000l. Pate died on 28 Oct. 1588, in his seventy-third year, and was buried in the south transept of Gloucester Cathedral, where his monument was renewed by Corpus Christi College in 1688. He is dressed in the habit of a lawyer, and is represented together with his wife and children. There is also a fine portrait of him, apparently contemporary, though by an unknown artist, in the Corpus common room. This Richard Pate must not be confounded with Richard Pate or Pates [q. v.], bishop of Worcester.

[Fowler's History of Corpus Christi College, pp. 34–5; Rudder's Hist. of Gloucestershire, p. 118; Griffith's Hist. of Cheltenham, pp. 53–4.]

PATE, WILLIAM (1666–1746), ‘the learned woollen-draper,’ son of William Pate, was born in 1666. He was a direct lineal descendant from John Pate (b. 1557) of Brin in Essex, the great-uncle of Sir John Pate, bart. (1585–1652), of Sysonby, Leicestershire. He is erroneously stated by Nichols, who is followed by Scott, to have been educated at Trinity Hall, Cambridge, and to have been granted the degree of LL.D. It appears, however, that he travelled in Italy, whence Arbuthnot mentions that he ‘brought back all Chaussane's music.’ Charles King, writing to Wanley in 1693, alludes to Pate as a young man newly set up, yet ‘probably master of the best study of books and the best scholar of his age I know.’ About the same period John Arbuthnot, previous to matriculating at Oxford, lived with Pate, who inherited from his father a prosperous business and a house opposite the Royal Exchange. In October 1694 the learned woollen-draper gave his boarder a letter of introduction to Dr. Charlett, master of University, in which he spoke highly of his young friend's honesty, discretion, and merit (Letter in Tanner MSS. at the Bodleian Library, xxv. 228). It was probably through the instrumentality of Arbuthnot that Pate became such a familiar figure in the literary society of his epoch; he was doubtless taken up the more warmly because to men like Steele and Swift the combination of literary taste with the practice of trade was something of a novel sensation. Steele wrote about the learned tradesman in the ‘Guardian’ (No. 141): ‘A passage which happened to me some years ago confirmed several maxims of frugality in my mind. A woollen-draper of my acquaintance, remarkable for his learning and good nature, pulled out his pocket-book, wherein he showed me at the one end several well-chosen mottos, and several patterns of cloth at the other. I, like a well-bred man, praised both sort of goods, whereupon he tore out the mottos and generously gave them to me, but with great prudence put the patterns in his pocket again.’ Swift, who, while staying in London during 1708–9, wrote of Pate as a ‘bel esprit and woollen-draper,’ renewed his acquaintance in the autumn of 1710. He dined with Pate at Lee Grove, Kent, on 17 Sept., and again on the 24th. On 6 Oct. he and Sir Andrew Fountaine shared Pate's hospitality at a chop-house in the city, and the trio subsequently ‘sauntered in booksellers' and china shops’ until it was time to go to the tavern, the party not breaking up until ten o'clock. About this time Pate started the ‘Lacedemonian Mercury,’ under Tom Brown, to oppose Dunton's ‘Athenian Mercury;’ but he was outmanœuvred by his rivals, and the venture failed. He retained, however, the loyalty of Brown, who in 1710 dedicated to his ‘honest friend, Mr. Pate,’ his ‘Memoirs of the Present State of the Court and Councils of Spain.’ By Swift the accomplished draper was introduced to Pope, who, writing to John Hughes in 1714, enclosed a ‘proposal for his Homer’ to Pate, as a likely person to promote the subscription.

Pate, who was a sheriff of the city in 1734, died at Lee on 9 Dec. 1746, and was buried in the old churchyard. He dictated the following apophthegm, to be inscribed in gold letters upon his tomb: ‘Epicharmion illud


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 99 STAT. 1648

Report.

Records. Reports.

PUBLIC LAW 99-198—DEC. 23, 1985

of research practices from originally approved proposals that adversely affect animal welfare, any notification to the facility regarding such conditions, and any corrections made thereafter; '(iii) include any minority views of the Committee; and "(iv) include any other information pertinent to the activities of the Committee. "(B) Such report shall remain on file for at least three years at the research facility and shall be available for inspection by the Animal and Plant Health Inspection Service and any funding Federal agency. "(C) In order to give the research facility an opportunity to correct any deficiencies or deviations discovered by reason of paragraph (3), the Committee shall notify the administrative representative of the research facility of any deHciencies or deviations from the provisions of this Act. If, after notification and an opportunity for correction, such deficiencies or deviations remain uncorrected, the Committee shall notify (in writing) the Animal and Plant Health Inspection Service and the funding Federal agency of such deficiencies or deviations. "(5) The inspection results shall be available to Department of Agriculture inspectors for review during inspections. Department of Agriculture inspectors shall forward any Committee inspection records which include reports of uncorrected deficiencies or deviations to the Animal and Plant Health Inspection Service and any funding Federal agency of the project with respect to which such uncorrected deficiencies and deviations occurred. "(c) In the case of Federal research facilities, a Federal Committee shall be established and shall have the same composition and responsibilities provided in subsection (b), except that the Federal Committee shall report deficiencies or deviations to the head of the Federal agency conducting the research rather than to the Animal and Plant Health Inspection Service. The head of the Federal agency conducting the research shall be responsible for— "(1) all corrective action to be taken at the facility; and "(2) the granting of all exceptions to inspection protocol. "(d) Each research facility shall provide for the training of scientists, animal technicians, and other personnel involved with animal care and treatment in such facility as required by the Secretary. Such training shall include instruction on— "(1) the humane practice of animal maintenance and experimentation; (2) research or testing methods that minimize or eliminate the use of animals or limit animal pain or distress; "(3) utilization of the information service at the National Agricultural Library, established under subsection (e); and "(4) methods whereby deficiencies in animal care and treatment should be reported. "(e) The Secretary shall establish an information service at the National Agricultural Library. Such service shall, in cooperation with the National Library of Medicine, provide information— "(1) pertinent to employee training; "(2) which could prevent unintended duplication of animal experimentation as determined by the needs of the research facility; and "(3) on improved methods of animal experimentation, including methods which could— "(A) reduce or replace animal use; and

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99 STAT. 1649

"(B) minimize pain and distress to animals, such as anesthetic and analgesic procedures. "(f) In any case in which a Federal agency funding a research project determines that conditions of animal care, treatment, or practice in a particular project have not been in compliance with standards promulgated under this Act, despite notification by the Secretary or such Federal agency to the research facility and an opportunity for correction, such agency shall suspend or revoke Federal support for the project. Any research facility losing Federal support as a result of actions taken under the preceding sentence shall have the right of appeal as provided in sections 701 through 706 of title 5, United States Code.".

Research and development.

INSPECTIONS

SEC. 1753. Section 16(a) of the Animal Welfare Act (7 U.S.C. 2146(a)) is amended by inserting after the first sentence the following: "The Secretary shall inspect each research facility at least once each year and, in the case of deficiencies or deviations from the standards promulgated under this Act, shall conduct such follow-up inspections as may be necessary until all deficiencies or deviations from such standards are corrected.". PENALTY FOR RELEASE OF TRADE SECRETS

SEC. 1754. The Animal Welfare Act (7 U.S.C. 2131-2156) is amended by adding at the end thereof the following section: "SEC. 27. (a) It shall be unlawful for any member of an Institutional Animal Committee to release any confidential information of the research facility including any information that concerns or relates to— "(1) the trade secrets, processes, operations, style of work, or apparatus; or "(2) the identity, confidential statistical data, amount or source of any income, profits, losses, or expenditures, of the research facility. "0)) It shall be unlawful for any member of such Committee— "(1) to use or attempt to use to his advantages; or "(2) to reveal to any other person, any information which is entitled to protection as confidential information under subsection (a). "(c) A violation of subsection (a) or (b) is punishable by— "(1) removal from such Committee; and "(2)(A) a fine of not more than $1,000 and imprisonment of not more than one year; or "(B) if such violation is willful, a fine of not more than $10,000 and imprisonment of not more than three years. "(d) Any person, including any research facility, injured in its business or property by reason of a violation of this section may recover all actual and consequential damages sustained by such person and the cost of the suit including a reasonable attorney's fee. "(e) Nothing in this section shall be construed to affect any other rights of a person injured in its business or property by reason of a violation of this section. Subsection (d) shall not be construed to limit the exercise of any such rights arising out of or relating to a violation of subsections (a) and (b).".

7 USC 2157.

Prohibition,

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 99 STAT. 1650

PUBLIC LAW 99-198—DEC. 23, 1985 INCREASED PENALTIES FOR VIOLATION OF THE ACT

SEC. 1755. (a) Subsection (b) of section 19 of the Animal Welfare Act (7 U.S.C. 2149(bj) is amended— (1) in the first sentence by striking out "$1,000 for each such violation" and inserting in lieu thereof "$2,500 for each such violation"; and (2) in the sixth sentence by striking out "$500 for each offense" and inserting in lieu thereof "$1,500 for each offense". OJ) Subsection (d) of such section is amended by striking out "$1,000" and inserting in lieu thereof "$2,500". DEFINITIONS

Animals.

Research and development. Grant. Loan. Contract.

Ante, p. 1647. Research and development. 7 US&^31 note.

SEC. 1756. (a) Section 2 of the Animal Welfare Act (7 U.S.C. 2132) is amended by— (1) striking out "and" after the semicolon in subsection (i); (2) striking out the period at the end of subsection 0) and inserting in lieu thereof a semicolon; and (3) adding after subsection (j) the following new subsections: "(k) The term 'Federal agency' means an Executive agency as such term is defined in section 105 of title 5, United States Code, and with respect to any research facility means the agency from which the research facility receives a Federal award for the conduct of research, experimentation, or testing, involving the use of animals; "(1) The term 'Federal award for the conduct of research, experimentation, or testing, involving the use of animals' means any mechanism (including a grant, award, loan, contract, or cooperative agreement) under which Federal funds are provided to support the conduct of such research. "(m) The term 'quorum' means a majority of the Committee members; "(n) The term 'Committee* means the Institutional Animal Committee established under section 130b); and "(o) The term 'Federal research facility' means each department, agency, or instrumentality of the United States which uses live animals for research or experimentation.". db) For purposes of this Act, the term "animal" shall have the same meaning as defined in section 2(g) of the Animal Welfare Act (7 U.S.C. 2132(g)). C O N S U L T A T I O N W I T H THE SECRETARY OF HEALTH AND HUMAN SERVICES

Regulations.

SEC. 1757. Section 15(a) of the Animal Welfare Act (7 U.S.C. 2145(a)) is amended by adding after the first sentence the following: "The Secretary shall consult with the Secretary of Health and Hiiman Services prior to issuance of regulations.". TECHNICAL AMENDMENT

SEC. 1758. Section 14 of the Animal Welfare Act (7 U.S.C. 2144) is amended by changing "section 13" to "sections 13(a), (0, (g), and (h)" wherever it appears. EFFECTIVE DATE 7 USC 2131 note.

SEC. 1759. This subtitle shall take effect 1 year after the date of the enactment of this Act.

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99 STAT. 1651

Subtitle G—Miscellaneous COMMODITY CREDIT CORPORATION STORAGE CONTRACTS

SEC. 1761. Section 4(h) of the Commodity Credit Corporation Charter Act (15 U.S.C. 714b(h)) is amended by inserting, after the colon at the end of the second proviso, the following: "Anid provided further. That any contract entered into by the Corporation for the use of a storage facility shall provide at least that (1) the rental rate charged for an extended term in excess of one year shall be at an annual rate less than that which is charged for a one-year contract, (2) any obligation of the Corporation to pay for the use of any space in a facility shall be relieved to the extent that the (Corporation does not use the space and payment is made by another person for the use of such space, and (3) if the Corporation determines that it no longer needs the space reserved in the facility, the (Dorporation may be relieved, for the remaining term of the contract, of its obligations to an extent and in a manner that will provide significant savings to the Corporation while permitting the owner of the facility reasonable time to lease such space to another person:".

Ante, p. 1503.

WEATHER AND CUMATE INFORMATION IN AGRICULTURE

SEC. 1762. (a) Congress finds that— (1) agricultural and silvicultural operations are vulnerable to damage from atmospheric conditions that accurate and timely reporting of weather information can help prevent; (2) the maintenance of current weather and climate analysis and information dissemination systems, and Federal, State, and private efforts to improve these systems, is essential if agriculture and silviculture are to mitigate damage from atmospheric conditions; (3) agricultural and silvicultural weather services at the Federal level should be maintained with joint planning between the National Oceanic and Atmospheric Administration and the Department of Agriculture; and (4) efforts should be made, involving user groups, weather and climate information providers, and Federal and State governments, to expand the use of weather and climate information in agriculture and silviculture. (b) It, therefore, is declared to be the policy of Congress that it is in the public interest to maintain an active Federal involvement in providing agricultural and silvicultural weather and climate information and that efforts should be made, £unong users of this information and among private providers of this information, to improve use of this information.

15 USC 313 note.

EMERGENCY FEED PROGRAM

SEC. 1763. (a) Paragraph (2) of section 1105(b) of the Food and Agriculture Act of 1977 (7 U.S.C. 2267(b)) is amended by striking out "feed for such person's livestock" and inserting in lieu thereof feed that has adequate nutritive value and is suitable for each of such person's respective particular types of livestock". (b) Section 407 of the Agricultural Act of 1949 (7 U.S.C. 1427) is amended by inserting after the fifth sentence the following new sentence: "Notwithstanding the foregoing provisions of this section relating to the authority of the Commodity Credit Corporation to

Livestock.

Transportation. Ante, pp. 1418, 1452.

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PUBLIC LAW 99-198—DEC. 23, 1985

make available to certain persons in certain areas during emergencies feed for livestock, the Commodity Credit Corporation (1) may make such feed available to such persons in areas in which feed grains are normally produced and normally available for feed purposes, but in which they are unavailable because of a catastrophe described in the fourth sentence of this section, (2) may make such feed available to such persons through feed dealers in the areas, (3) shall make such feed available at a price not less than the price prescribed in the fourth sentence of this section, and (4) shall bear any expenses incurred in connection with making such feed available to such persons under this sentence, including transportation and handling costs.". CONTROLLED SUBSTANCES PRODUCTION CONTROL

21 USC 881a. 21 USC 802.

Loan. Ante, pp. 1503, 1651. Disaster assistance.

Regulations.

SEC. 1764. (a) As used in this section: (1) The term "controlled substance" has the same meaning given such term in section 102(6) of the Controlled Substances Act (21 U.S.C. 801(6)). (2) The term "Secretary" means the Secretary of Agriculture. (3) The term "State" means each of the fifty States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin Islands of the United States, American Samoa, the Commonwealth of the Northern Mariana Islands, or the Trust Territory of the Pacific Islands. (b) Notwithstanding any other provision of law, following the date of enactment of this Act, any person who is convicted under Federal or State law of planting, cultivation, growing, producing, harvesting, or storing a controlled substance in any crop year shall be ineligible for— (1) as to any commodity produced during that crop year, and the four succeieding crop years, by such person— (A) any price support or payment made available under the Agricultural Act of 1949 (7 U.S.C. 1421 et seq.), the Commodity Credit Corporation Charter Act (15 U.S.C. 714 et seq.), or any other Act; (B) a farm storage facility loan made under section 4(h) of the Commodity Credit Corporation Charter Act (15 U.S.C. 714b(h)); (C) crop insurance under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.); (D) a disaster payment made under the Agricultural Act of 1949 (7 U.S.C. 1421 et seq.); or (E) a loan made, insured or guaranteed under the Consolidated Farm and Rural Development Act (7 U.S.C. 1921 et seq.) or any other provision of law administered by the Farmers Home Administration; or (2) a payment made under section 4 or 5 of the Commodity Credit Corporation Charter Act (15 U.S.C. 714b or 714c) for the storage of an agricultural commodity that is— (A) produced during that crop year, or any of the four succeeding crop years, by such person; and (B) acquired by the Commodity Credit Corporation. (c) Not later than 180 days after the date of enactment of this Act, the Secretary shall issue such regulations as the Secretary determines are necessary to carry out this section, including regulations that— , ^

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99 STAT. 1653

(1) define the term "person"; (2) govern the determination of persons who shall be ineligible for program benefits under this section; and (3) protect the interests of tenants and sharecroppers. STUDY OF UNLEADED FUEL IN AGRICULTURAL MACHINERY

SEC. 1765. (a)(1) The Administrator of the Environmental Protec- 42 USC 7545 tion Agency and the Secretary of Agriculture shall jointly conduct a note. study of the use of fuel containing lead additives, and alternative lubricating additives, in gasoline engines that are— (A) used in agricultural machinery; and (B) designed to combust fuel containing such additives. (2) The study shall analyze the potential for mechanical problems (including but not limited to valve recession) that may be associated with the use of other fuels in such engines. (b)(1) For purposes of the study required under this section, the Contracts Administrator of the Environmental Protection Agency and the Secretary of Agriculture are authorized to enter into such contracts and other arrangements as may be appropriate to obtain the necessary technical information. (2) The Secretary of Agriculture shall specify the types and items of agricultural machinery to be included in the study required under this section. Such types and items shall be representative of the types and items of agricultural machinery used on farms in the United States. (3) All testing of engines carried out for purposes of such study shall reflect actual agricultural conditions to the extent practicable, including revolutions per minute and payloads. (c) Not later than January 1, 1987— (1) the Administrator of the Environmental Protection Agency and the Secretary of Agriculture shall publish the results of the study required under this section; and (2) the Administrator shall publish in the Federal Register Federal notice of the publication of such study and a summary thereof. Register, (d)(1) After notice and opportunity for hearing, but not later than publication. 6 months after publication of the study, the Administrator shall— (A) make findings and recommendations on the need for lead additives in gasoline to be used on a farm for farming purposes, including a determination of whether a modification of the regulations limiting lead content of gasoline would be appropriate in the case of gasoline used on a farm for farming purposes; and (B) submit to the President and Congress a report con- Report taining— (i) the study; (ii) a summary of the comments received during the public hearing (including the comments of the Secretary); and (iii) the findings and recommendations of the Administrator made in accordance with clause (1). (2) The report shall be transmitted to— Report. (A) the Committee on Energy and Commerce of the House of Representatives; (B) the Committee on Environment and Public Works of the Senate;

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 99 STAT. 1654

Federal Register, publication. Prohibition. Regulations.

PUBLIC LAW 99-198—DEC. 23, 1985

(C) the Committee on Agriculture of the House of Representatives; and (D) the Committee on Agriculture, Nutrition, and Forestry of the Senate. (e)(1) Between January 1, 1986, and December 31, 1987, the Administrator shall monitor the actual ^ead content of leaded gasoline sold in the United States. (2) The Administrator shall determine the average lead content of such gasoline for each 3-month period between January 1, 1986, and December 31, 1987. (3) If the actual lead content falls below an average of 0.2 of a gram of lead per gallon in any such 3-month period, the Administrator shall— (A) report to Congress; and (B) publish a notice thereof in the Federal Register. (f) Until January 1, 1988, no regulation of the Administrator issued under section 211 of the Clean Air Act (42 U.S.C. 7545) regarding the control or prohibition of lead additives in gasoline may require an average lead content per gallon that is less than 0.1 of a gram per gallon. (g) To carry out this section, there is authorized to be appropriated $1,000,000, to be available without fiscal year limitation. POTATO ADVISORY COMMISSION

Business and industry. Commerce and trade.

SEC. 1767. It is the sense of Congress that— (1) the Secretary of Agriculture should consider the recommendations of the potato advisory commission established by the Secretary on an ad hoc basis; (2) such commission should address industry concerns including trade, quality inspections, and pesticide use, to the extent practicable; (3) such commission should meet periodically; and (4) the recommendations and actions of such committee should be reported to the Chairmen of the Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committee on Agriculture of the House of Representatives, and to the public. VIRUSES, SERUMS, TOXINS, AND ANALAGOUS PRODUCTS

21 USC 154a.

SEC. 1768. (a) The first sentence of the eighth paragraph of the matter under the heading "BUREAU OF ANIMAL INDUSTRY" of the Act entitled "An Act making appropriations for the Department of Agriculture for the fiscal year ending June thirtieth, nineteen hundred and fourteen", approved March 4, 1913 (21 U.S.C. 151), is amended by striking out "from one State or Territory or the District of Columbia to any other State or Territory or the District of Columbia" and inserting in lieu thereof "in or from the United States, the District of Columbia, any territory of the United States, or any place under the jurisdiction of the United States". (b) The fourth sentence of such paragraph (21 U.S.C. 154) is amended by inserting "or otherwise to carry out this paragraph," after "animals," the first place it appears. (c) Such paragraph is amended by inserting after the fourth sentence the following new sentences: "In order to meet an emergency condition, limited market or local situation, or other special

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 PUBLIC LAW 99-198—DEC. 23, 1985

99 STAT. 1655

circumstance (including production solely for intrastate use under a State-operated program), the Secretary may issue a special license under an expedited procedure on such conditions as are necessary to assure purity, safety, and a reasonable expectation of efficacy. The Secretary shall exempt by regulation from the requirement of preparation pursuant to an unsuspended and unrevoked license any virus, serum, toxin, or analogous product prepared by any person, firm, or corporation— "(1) solely for administration to animals of such person, firm, or corporation; "(2) solely for administration to animals under a veterinarianclient-patient relationship in the course of the State licensed professional practice of veterinary medicine by such person, firm, or corporation; or "(3) solely for distribution within the State of production pursuant to a license granted by such State under a program determined by the Secretary to meet criteria under which the State— "(A) may license virus, serum, toxin, and analogous products and establishments that produce such products; "(B) may review the purity, safety, potency, and efficacy of such products prior to licensure; "(C) may review product test results to assure compliance with applicable standards for purity, safety, and potency, prior to release to the market; "(D) may deal effectively with violations of State law regulating virus, serum, toxin, and analogous products; and through (D) consistent with the intent of this paragraph of prohibiting the preparation, sale, barter, exchange, or shipment of worthless, contaminated, dangerous, or harmful virus, serum, toxin, or analogous products.". (d) The seventh sentence of such paragraph (21 U.S.C. 157) (as it existed before the amendments made by this section) is amended by striking out "licensed under this Act". (e) Such paragraph is amended by inserting after the eighth sentence (21 U.S.C. 158) (as it existed before the amendments made by this section) the following new sentences: "The procedures of sections 402, 403, and 404 of the Federal Meat Inspection Act (21 U.S.C. 672, 673, and 674) (relating to detentions, seizures and condemnations, and injunctions, respectively) shall apply to the enforcement of this paragraph with respect to any product prepared, sold, bartered, exchanged, or shipped in violation of this paragraph or a regulation promulgated under this paragraph. The provisions (including penalties) of section 405 of such Act (21 U.S.C. 675) shall apply to the performance of official duties under this paragraph. Congress finds that (i) the products and activities that are regulated under this paragraph are either in interstate or foreign commerce or substantially affect such commerce or the free flow thereof, and (ii) regulation of the products and activities as provided in this paragraph is necessary to prevent and eliminate burdens on such commerce and to effectively regulate such commerce.". (f)(1) Except as provided in paragraph (2), the amendments made by this section shall become effective on the date of enactment of this Act. (2)(A) Subject to subparagraphs (B) through (D), in the case of a person, firm, or corporation preparing, selling, bartering, exchang-
 * (E) exercises the authority referred to in subclauses (A)

51-194 O

QL. 3

Regulation. Corporations.

Animals.

21 USC 159

Effective date. 21 USC 151 note. Corporation, eommerce and trade.

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Page:United States Statutes at Large Volume 99 Part 2.djvu/546

 99 STAT. 1656

Ante, p. 1654. Corporation.

Corporation.

Corporation.

PUBLIC LAW 99-198—DEC. 23, 1985

ing, or shipping a virus, serum, toxin, or analogous product during the 12-month period ending on the date of enactment of this Act solely for intrastate commerce or for exportation, such product shall not after such date of enactment, as a result of its not having been licensed or produced in a licensed establishment, be considered in violation of the eighth paragraph of the matter under the heading "BUREAU OF ANIMAL INDUSTRY" of the Act entitled "An Act making appropriations for the Department of Agriculture for the fiscal year ending June thirtieth, nineteen hundred and fourteen". approved March 14, 1913 (as amended by this section), until the first day of the 49th month following the date of enactment of this Act. (B) The exemption granted by subparagraph (A) may be extended by the Secretary of Agriculture for a period up to 12 months in an individual case on a showing by a person, firm, or corporation of good cause and a good faith effort to comply with such eighth paragraph with due diligence. (C) The exemption granted by subparagraph (A) must be claimed by the person, firm, or corporation preparing such product by the first day of the 13th month following the date of enactment of this Act, in the form and manner prescribed by the Secretary, unless the Secretary grants an extension of the time to claim such exemption in an individual case for good cause shown. (D) On the issuance by the Secretary of a license to such person, firm, or corporation for such product prior to the first day of the 49th month following the date of enactment of this Act, or the end of an extension of the exemption granted by the Secretary, the exemption granted by subparagraph (A) shall terminate with respect to such product. AUTHORIZATION OF APPROPRIATIONS FOR FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT

SEC. 1768. Section 31 of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136y) is amended to read as follows: "SEC. 31. AUTHORIZATION OF APPROPRIATIONS.

"There is authorized to be appropriated to carry out this Act for the period beginning October 1, 1985, and ending September 30, 1986, $68,604,200 of which not more than $11,993,100 shall be available for research under this Act.". USER FEES

FOR REPORTS, PUBLICATIONS, AND SOFTWARE

SEC. 1769. Section 1121 of the Agriculture and Food Act of 1981 (7 U.S.C. 2242a) is amended to read as follows: USER FEES FOR REPORTS, PUBLICATIONS, AND SOFTWARE

Reports.

"SEC. 1121. (a) The Secretary of Agriculture may— "(1) furnish, on request, copies of software programs, pamphlets, reports, or other publications, regardless of their form, including electronic publications, prepared in the Department of Agriculture in carrying out any of its missions or programs; and "(2) charge such fees therefor as the Secretary determines are reasonable. "(b) The imposition of such charges shall be consistent with section 9701 of title 31, United States Code.

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 PUBLIC LAW 99-198—DEC. 23, 1985

99 STAT. 1657

"(c) All moneys received in payment for work or services performed, or for software programs, pamphlets, reports, or other publications provided, under this section— "(1) shall be available until expended to pay directly the costs of such work, services, software programs, pamphlets, reports, or publications; and "(2) may be credited to appropriations or funds that incur such costs.".

Reports.

CONFIDENTIAUTY OF INFORMATION

SEC. 1770. (a) In the case of information furnished under a provi- 7 USC 2276. sion of law referred to in subsection (d), neither the Secretary of Agriculture, any other officer or employee of the Department of Agriculture or agency thereof, nor any other person may— (1) use such information for a purpose other than the development or reporting of aggregate data in a manner such that the identity of the person who supplied such information is not discernible and is not material to the intended uses of such information; or (2) disclose such information to the public, unless such information has been transformed into a statistical or aggregate form that does not allow the identification of the person who supplied particular information. (b)(1) In carrying out a provision of law referred to in subsection (d), no department, agency, officer, or employee of the Federal Government, other than the Secretary of Agriculture, shall require a person to furnish a copy of statistical information provided to the Department of Agriculture. (2) A copy of such information— i (A) shall be immune from mandatory disclosure of any type, including legal process; and (B) shall not, without the consent of such person, be admitted Prohibition, as evidence or used for any purpose in any action, suit, or other judicial or administrative proceeding. (c) Any person who shall publish, cause to be published, or otherwise publicly release information collected pursuant to a provision of law referred to in subsection (d), in any manner or for any purpose prohibited in section (a), shall be fined not more than $10,000 or imprisoned for not more than 1 year, or both. (d) For purposes of this section, a provision of law referred to in this subsection means— (1) the first section of the Act entitled "An Act authorizing the Secretary of Agriculture to collect and publish statistics of the grade and staple length of cotton", approved March 3, 1927 (7 U.S.C. 471) (commonly referred to as the "Cotton Statistics and Estimates Act"); (2) the first section of the Act entitled "An Act to provide for the collection and publication of statistics of tobacco by the Department of Agriculture", approved January 14, 1929 (7 U.S.C. 501); (3) the first section of the Act entitled "An Act to provide for the collection and publication of statistics of peanuts by the Department of Agriculture", approved June 24, 1936 (7 U.S.C. 951); (4) section 203(g) of the Agricultural Marketing Act of 1946 (7 U.S.C. 1622(g));

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text: All Quiet along the Potomac and other poems/Midnight


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Page:United States Statutes at Large Volume 99 Part 2.djvu/548

 99 STAT. 1658

PUBLIC LAW 99-198—DEC. 23, 1985 (5) section 526(a) of the Revised Statutes (7 U.S.C. 2204(a)); (6) the Act entitled "An Act providing for the publication of statistics relating to spirits of turpentine and resin", approved August 15, 1935 (7 U.S.C. 2248); (7) section 42 of title 13, United States Code; (8) section 4 of the Act entitled "An Act to establish the Department of Commerce and Labor", approved February 14, 1903(15 U.S.C. 1516);or (9) section 2 of the joint resolution entitled "Joint resolution relating to the publication of economic and social statistics for Americans of Spanish origin or descent", approved June 16, 1976 (15 U.S.C. 1516a). LAND CONVEYANCE TO IRWIN COUNTY, GEORGIA

SEC. 1771. The Secretary of Agriculture is authorized and directed to execute and deliver to the Board of Education of Irwin County, Georgia, its successors and assigns, a quitclaim deed conveying and releasing unto the said Board of Education of Irwin County, Georgia, its successors and assigns, all right, title, and interest of the United States of America in and to a tract of land, situate in said Irwin County, Georgia, containing 0.303 acres together with improvements in Land Lot Number 39 in the 3rd Land District of Irwin County, Georgia, being more particularly described in a deed dated July 13, 1946, from the United States conveying said land to Irwin County Board of Education, recorded in the land records of the office of the Clerk of Court for Irwin County, Georgia, in deed book 20, page 117. NATIONAL TREE SEED LABORATORY

16 USC 580q.

SEC. 1772. Notwithstanding any other provision of law, fees received by the National Tree Seed Laboratory, administered by the Forest Service, United States Department of Agriculture, for the provision of a tree seed testing service, shall be retained and deposited as a reimbursement to current appropriations used to cover the costs of providing such service. CONTROL OF GRASSHOPPERS AND MORMON CRICKETS ON FEDERAL LANDS

7 USC I48f.

SEC 1773. (a) The Secretary of Agriculture shall carry out a program to control grasshoppers and Mormon Crickets on all Federal lands. (b)(l) Subject to paragraph (2), the Secretary of Agriculture shall expend or transfer, and upon request, the Secretary of the Interior shall transfer to the Secretary of Agriculture, from any no-year appropriations, funds for the prevention, suppression, and control of actual or potential grasshopper and Mormon Cricket outbreaks on lands under the jurisdiction of the Federal Government. (2)(A) Appropriated funds made available to the Secretary of the Interior shall be available for the payment of obligations incurred on Federal lands subject to the jurisdiction of the Secretary of the Interior. (B) Funds transferred pursuant to this paragraph shall be requested as promptly as possible by the Secretary of Agriculture. (C) Funds transferred pursuant to this section shall be replenished by supplemental or regular appropriations which shall be requested as promptly as possible.

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 PUBLIC LAW 99-198—DEC. 23, 1985

99 STAT. 1659

(c)(1) Except as provided in paragraph (2), from any funds made available to the Department of the Interior until expended, moneys shall be made available for the transfer by the Secretary of the Interior to the Secretary of Agriculture for the prevention, suppression, and control of grasshoppers and Mormon Cricket outbreaks on Federal lands under the jurisdiction of the Secretary of the Interior. (2) No funds shall be made available under this authority, until Prohibition, contingency funds specifically available to the Animal and Plant Health Inspection Service for grasshopper emergencies have been exhausted. (d) On request of the administering agency or the Department of Agriculture of an affected State, the Secretary of Agriculture shall immediately treat Federal, State, or private lands that are infested by grasshoppers or Mormon Crickets at levels of economic infestation, unless the Secretary determines that delaying treatment will optimize biological control and not cause greater economic damage to adjacent landowners. (e) The Secretary of Agriculture shall— (1) pay out of appropriated funds made available to the Secretary or transferred to the Secretary by the Secretary of the Interior—100 percent of the cost of grasshopper or Mormon Cricket control on Federal lands; (2) pay out of appropriated funds made available to the Secretary— (A) 50 percent of the cost of such control on State lands; and (B) 33.3 percent of the cost of such control on private rangelands; and (3) participate in prevention, control, or suppression programs for grasshoppers and Mormon Crickets in conjunction with other Federal, State and private prevention, control or suppression efforts. (f) From appropriated funds made available or transferred by the Secretary of the Interior to the Secretary of Agriculture for such purposes, the Secretary of Agriculture shall provide adequate funding for a program to train personnel to effectively accomplish the objective of this section. STUDY OF A STRATEGIC ETHANOL RESERVE

SEC. 1778. (a) The Secretary of Agriculture shall conduct a study of the cost effectiveness, the economic benefits, and the feasibility of establishing, maintaining, and utilizing a Strategic Ethanol Reserve relative to the existing Strategic Petroleum Reserve. (b) The study shall be completed within one year after the enactment of this section and shall include, among other considerations— (1) the benefits and losses related to the U.S. economy, farm income, emplojmtient, government commodity programs, and the trade deficit of utilizing a Strategic Ethanol Reserve, as opposed to the Strategic Petroleum Reserve; and (2) the savings from storing ethanol as opposed to storing the amount of CCC-held grain necessary to produce the ethanol. (c) If the study shows that the Strategic Ethanol Reserve is cost effective, beneficial to the U.S. economy, and feasible in comparison with the Strategic Petroleum Reserve, the Secretary of Agriculture may establish, maintain, and utilize a Strategic Ethanol Reserve.

42 USC 6231 note.

Employment find

unemployment. Commerce and trade.

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Page:United States Statutes at Large Volume 99 Part 2.djvu/550

 99 STAT. 1660

PUBLIC LAW 99-198—DEC. 23, 1985 TITLE XVIII—GENERAL EFFECTIVE DATE EFFECTIVE DATE

7 USC 1281 note.

SEC. 1801. Except as otherwise provided in this Act, this Act and the amendments made by this Act shall become effective on the date of the enactment of this Act. Approved December 23, 1985.

LEGISLATIVE HISTORY—H.R. 2100 (S. 1714): HOUSE REPORTS: No. 99-271, Pt. I (Comm. on Agriculture), Pt. II (Comm. on Merchant Marine and Fisheries), and No. 99-447 (Comm. of SENATE REPORT No. 99-145 accompanying S. 1714 (Comm. on Agriculture, Nutrition, and Forestry). CONGRESSIONAL RECORD, Vol. 131 (1985): Sept. 20, 26, Oct. 1-3, 7, 8, considered and passed House. Oct 25, 28-31, Nov. 1, 18-22, S. 1714 considered in Senate. Nov. 23, H.R. 2100 considered and passed Senate, amended, in lieu of S. 1714. Dec. 18, House and Senate agreed to conference report. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 21, No. 52 (1985): Dec. 23, Presidential statement., „,,, ,;^«,„^«,,

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 PUBLIC LAW 99-199—DEC. 23, 1985

99 STAT. 1661

Public Law 99-199 99th Congress An Act To direct the Secretary of Agriculture to releeise the condition requiring that a parcel of land conveyed to New York State be used for public purposes and to convey United States mineral interests in the parcel to New York State.

Dec. 23, 1985 [H.R. 2976]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. SECTION 1. (a) Upon compliance by the State of New York with the requirements contained in section 3 of this Act, the Secretary of Agriculture shall release on behalf of the United States the condition described in subsection (b) of this section with respect to the parcel of land described in section 4 of this Act. (b) The condition to be released pursuant to subsection (a) of this section is the condition (contained in a quitclaim deed dated July 28, 1961, which conveys from the United States to the State of New York certain land in Allegany County and which was recorded on May 23, 1962, in the office of the Allegsmy County Clerk in the Book of Deeds 546 at page 632) providing that the land conveyed be used for public purposes and that the land revert to the United States if it is not used for public purposes. (c) Section 32(c) of the Bankhead^ones Farm Tenant Act (7 U.S.C. 1011(c)) is inapplicable to the release provided for by subsection (a) of this section. SEC. 2. Upon application by the State of New York and compliance by the State with the requirements contained in section 3, the Secretary of the Interior shall convey to the State of New York— (1) without compensation, all the undivided mineral interests of the United States in the parcel of land described in section 4 for which the Secretary of the Interior determines that there is no active mineral development or leasing and that there is no fair market value; and (2) upon payment to the United States of an amount equal to the fair market value (as determined by the Secretary of the Interior) of such mineral interests, all the undivided mineral interests of the United States in the parcel of land described in section 4 which are not subject to paragraph (1) of this section. SEC. 3. Before the condition described in subsection (b) of section 1 may be released pursuant to subsection (a) of that section or any mineral interest may be conveyed pursuant to section 2, the State of New York must— (1) sign an agreement with the Secretary of Agriculture stat- Contracts. ing that the State of New York will convey the parcel of land described in section 4 to the Bellville Wesleyan Church of rural Caneadea, New York, for a fair and equitable consideration, and deposit the proceeds from such conveyance in an account open to inspection by the Secretary of Agriculture, and used, if withdrawn from such account, exclusively for public purposes; and

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 99 STAT. 1662

PUBLIC LAW 99-199—DEC. 23, 1985

(2) pay into the Treasury of the United States as miscellaneous receipts a sum of money which the Secretary of Agriculture and the Secretary of the Interior jointly deem is sufficient to provide for the administrative costs— (A) of determining the existence of mineral interests in the parcel of land described in section 4; (B) of establishing the fair market value of the mineral interests located in that parcel of land; (C) of releasing the condition pursuant to section 1; and (D) of conveying that parcel of land pursuant to section 2. SEC. 4. The parcel of land with respect to which the condition is to be released pursuant to section 1 and which contains the undivided minergd interests to be conveyed pursuant to section 2 is a tract of land of approximately 5.8 acres located in great lot 55 as depicted by tax map 102 of the town of New Hudson, New York, and is part of the land conveyed by the deed referred to in subsection (b) of section 1. The boundary of the parcel begins at a point 883.08 feet south of the northeast comer of great lot 55 at the center line of Bogan Road; thence south a distance of 288.42 feet to a point; thence west along the boundary of a parcel of land owned by the Bellville Wesleyan Church a distance of 165 feet to a point; thence south along the boundary of such parcel a distance of 99 feet to a point; thence west a distance of 495 feet to a point; thence north a distance of 387.42 feet to a point; thence east a distance of 660 feet to the place of beginning. Approved December 23, 1985.

LEGISLATIVE HISTORY—H.R. 2976: HOUSE REPORT No. 99-424 (Comm. on Agriculture). CONGRESSIONAL RECORD, Vol. 131 (1985): Dec. 9, considered and passed House. Dec. 11, considered and passed Senate.

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 PUBLIC LAW 99-200—DEC. 23, 1985

99 STAT. 1663

Public Law 99-200 99th Congress An Act To clear title to certain lands along the California-Nevada boundary.

Dec. 23, 1985 [H.R. 3085]

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

The Congress finds that— (1) thousands of acres of public lands transferred by the United States to the State of California or to the State of Nevada on or before June 1, 1982, are now located within the other State according to the boundary between them established by the United States Supreme Court in the case of California against Nevada (447 U.S. 125 (1980)); (2) each State accepted such transfers as valid, and commencing over 125 years ago, conveyed substantially all of the land into private ownership; (3) the original title of each State and political subdivisions thereof and subsequent private parties has been treated as good and valid for all governmental and private purposes; (4) it is imperative that certainty of title to, and ownership of, these lands be established as soon as practicable in order to avoid any undue hardship on the States of California and Nevada and affected private parties; and (5) litigation is not an appropriate means of resolving the questions of title and ownership of the affected lands in that it would result in unprecedented and unnecessary burdens and expenses on the courts of the United States and the States of California and Nevada, as well as on private property owners. SEC. 2. TRANSFERS TO CALIFORNIA.

Grants and all other transfers of public land to the State of California by the United States by a statute, clear list, selection, patent, or any other means on or before June 1, 1982— (1) which are located in the State of Nevada according to the boundary between the States of California and Nevada, as defined in the case of California against Nevada (447 U.S. 125 (1980)); and (2) which have been patented or otherwise conveyed to a third party by the State of California, are not invalid because such land or portions of such land are located in the State of Nevada.

Grants.

SEC. 3. TRANSFERS TO NEVADA.

Grants and all other transfers of public land to the State of Nevada by the United States by a statute, clear list, selection, patent, or any other means on or before June 1, 1982— (1) which are located in the State of California according to the boundary between the States of California and Nevada, as

Grants.

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 99 STAT. 1664

Prohibition.

PUBLIC LAW 99-200—DEC. 23, 1985

defined in the case of California against Nevada (447 U.S. 125 (1980)); and (2) which have been patented or otherwise conveyed to a third party by the State of Neyada, are not invalid because such land or portions of such land are located in the State of California. SEC. 4. CERTAIN LANDS NOT AFFECTED. This Act shall not apply to any public land referred to in section 2 or 3 which has not been patented or otherwise conveyed to a third party by the State of California or the State of Nevada, as the case maybe. SEC. 5. LANDS AFFECTED.

Patents and trademarks.

Federal Register, publication.

Public availability.

As soon as practicable after the date of enactment of this Act, the Secretary of the Interior shall request the States of California and Nevada to submit to the Secretary maps and a list of patents or other conveyances for tracts of land the two States agree are affected by sections 2 and 3 of this Act. Upon concurring that the patents or other conveyances so listed are those intended to be covered by this Act, the Secretary of the Interior shall publish the list of patents or other conveyances in the Federal Register. The Secretary is authorized to make clerical and typographical corrections of errors in the list of patents or other conveyances and maps. Such maps, using the Department of the Interior Bureau of Land Management Master Title Plats showing the affected lands, shall be on file for illustrative purposes and along with the list of patents or other conveyances shall be available for public inspection with the State Directors of the Bureau of Land Management, Department of the Interior, in California and Nevada, and with the State Lands Administrator of Nevada and State Lands Commissioner of California. SEC. 6. STATE RIGHTS.

Nothing in this Act shall be construed as conferring on either the State of California or the State of Nevada any rights with regard to entitlements to Federal lands, or as enlarging, diminishing, or otherwise affecting any such rights which may exist under other provisions of law. Approved December 23, 1985.

LEGISLATIVE HISTORY—H.R. 3085 (S. 1503): HOUSE REPORT No. 98-385 (Comm. on Interior and Insular Affairs). CONGRESSIONAL RECORD, Vol. 131 (1985): Dec. 9, considered and passed House. Dec. 11, considered and passed Senate.

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 PUBLIC LAW 99-201—DEC. 23, 1985

99 STAT. 1665

99th Congress An Act To extend until March 15, 1986, the application of certain tobacco excise taxes and certain medicare reimbursement provisions.
 * Public Law 99-201

Dec. 23, 1985 [H.R. 4006]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. EXTENSION OF INCREASE IN TAX ON CIGARETTES.

Subsection (c) of section 283 of the Tax Equity and Fiscal Respon- 26 USC 5701 sibility Act of 1982 (relating to increase in tax on cigarettes) is ^^^'' amended by striking out "December 20, 1985" and inserting in lieu ""^^' P ^^^^• thereof "March 15, 1986". SEC. 2. EXTENSION OF MEDICARE HOSPITAL AND PHYSICIAN PAYMENT PROVISIONS.

Section 5(c) of the Emergency Extension Act of 1985 (Public Law 99-107) is amended by striking out "December 19, 1985" and inserting in lieu thereof "March 14, 1986". SEC. 3. EFFECTIVE DATE. The amendments made by this Act shall take effect on December 19, 1985. As an exercise of authority under the commerce, taxation, and other powers under the Constitution, the amendment made by section 1 shall be treated for purposes of all Federal and State laws as enacted on December 19, 1985. Approved December 23, 1985. signed by the President on December 23, 1985.
 * Note: The printed text of Public Law 99-201 is a reprint of the hand enrollment,

LEGISLATIVE HISTORY—H.R. 4006 (H.R. 3452) (H.R. 3722) (H.R. 3992): CONGRESSIONAL RECORD, Vol. 131 (1985): Dec. 19, considered and passed House; considered and passed Senate, amended. Dec. 20, House concurred in Senate amendments with amendments; Senate concurred in House amendments.

42 USC l395ww note; °''*^' ^ ^^^^ 26 USC 570i "o*^^.

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 99 STAT. 1666

PUBLIC LAW 99-202—DEC. 23, 1985

Public Law 99-202 99th Congress

lOS^ Joint Resolution

Dec. 23, 1985 [H.J. Res. 436]

To designate 1986 as "Save for the U.S.A. Year", and for other purposes.

Whereas $200,000,000,000 of the United States Federal deficit is owed to foreign interests; Whereas in 1985 the debt owed to foreign interests has caused the United States to become a net debtor nation for the first time since World War I; Whereas the debt owed to foreign interests will reach $1,000,000,000,000 by 1990, with accompanying annual interest payments to foreign creditors of $100,000,000,000; Whereas the people of the United States are not saving enough to meet the investment needs of the United States, including the financing of the Federal deficit; Whereas the United States is becoming increasingly dependent on foreign capital; Whereas the sale of savings bonds issued by the United States in 1985 will result in savings of $2,000,000,000 to the taxpayers of the United States as a result of lower interest costs to the Federal Government; Whereas an increase in savings by the people of the United States will help reduce the Federal deficit and alleviate the substantial dependence by the United States on foreign capital: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That— (1) 1986 is designated as "Save for the U.S.A. Year"; (2) the President, when next addressing the Congress on the State of the Union, is requested to initiate a nationwide campaign, to be known as the "Buy Back America" campaign, for the purpose of encouraging the people of the United States to buy savings bonds and savings certificates of the United States in order to reduce borrowings from foreign sources; (3) the Secretary of the Treasury is requested to issue, under section 3105 of title 31, United States Code, savings bonds and savings certificates with such maturity dates, discount rates, and interest rates as will enhance the marketability of such bonds and certificates; and

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 PUBLIC LAW 99-202—DEC. 23, 1985

99 STAT. 1667

(4) the Congress should actively support all United States savings bond programs by— (A) endorsing such programs and conducting a thorough campaign among congressional staff and other employees of the House of Representatives to inform such staff and employees of the benefits of such programs; and (B) informing all constituents of the benefits of such programs and urging all constituents to support such programs through the regular purchasing of United States savings bonds. Approved December 23, 1985.

LEGISLATIVE HISTORY—H.J. Res. 436: CONGRESSIONAL RECORD, Vol. 131 (1985): Dec. 12, considered and passed House. Dec. 16, considered and passed Senate.

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 99 STAT. 1668

PUBLIC LAW 99-203—DEC. 23, 1985

Public Law 99-203 99th Congress Joint Resolution Dec. 23, 1985 [H.J. Res. 450]

To authorize and request the President to issue a proclamation designating April 20 through April 26, 1986 as "National Organ and Tissue Donor Awareness Week".

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled. That the President is authorized and requested to issue a proclamation designating April 20 through April 26, 1986 as "National Organ and Tissue Donor Awareness Week". Approved December 23, 1985.

LEGISLATIVE HISTORY—H.J. Res. 450: CONGRESSIONAL RECORD, Vol. 131 (1985): Nov. 14, considered and passed House. Dec. 18, considered and passed Senate.

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Page:United States Statutes at Large Volume 99 Part 2.djvu/559

 PUBLIC LAW 99-204—DEC. 23, 1985

99 STAT. 1669

Public Law 99-204 99th Congress An Act To amend the Foreign Assistance Act of 1961 with respect to the activities of the Overseas Private Investment Corporation.

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 "Overseas Private Investment Corporation Amendments Act of 1985". SEC. 2. REFERENCE TO THE ACT.

Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to or repeal of a section or other provision, the reference shall be considered to be made to a section or other provision of the Foreign Assistance Act of 1961. SEC. 3 INCOME LEVELS IN LESS DEVELOPED COUNTRIES. . Section 231 (22 U.S.C. 2191) is amended in paragraph (2) of the second undesignated paragraph— (1) by striking out "$680 or less in 1979 United States dollars" and inserting in lieu thereof "$896 or less in 1983 United States dollars"; and (2) by striking out "$2,950 or more in 1979 United States dollars and inserting in lieu thereof "$3,887 or more in 1983 United States dollars.

Dec. 23. 1985 [S. 947] Overseas Private Investment Corporation Amendments Act of 1985. 22 USC 2151 note.

22 USC 2151 note.

SEC. 4. PROTECTION OF HEALTH, SAFETY, AND THE ENVIRONMENT.

(a) PoucY DIRECTIVES.—Section 231 (22 U.S.C. 2191) is amended— (1) in the second undesignated paragraph— (A) in paragraph (1) by striking out "and" after the semicolon; (B) by striking out the period at the end of paragraph (2) and inserting in lieu thereof "; and"; and (C) by inserting after paragraph (2) the following: "(3) ensure that the project is consistent with the provisions of sections 118 and 119 of this Act relating to the environment and natural resources of, and biological diversity in, developing countries, and consistent with the intent of regulations issued pursuant to sections 118 and 119 of this Act."; (2) in subsection (1) by striking out "and" after the semicolon; (3) in subsection (m) by striking out the period at the end and inserting in lieu thereof "; and"; and (4) by adding at the end the following: "(n) to refuse to insure, reinsure, guarantee, or finance any investment in connection with a project which the Corporation determines will pose an unreeisonable or major environmental, health, or safety hazard, or will result in the significant degradation of national parks or similar protected areas.".

Regulations. 22 USC 2151p, 2151q.

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 99 STAT. 1670

PUBLIC LAW 99-204—DEC. 23, 1985 (b) NOTIFICATION OF COUNTRIES OF ENVIRONMENTAL RESTRICTIONS

International organizations.

Infra.

22 USC 2i5ip.

ON CERTAIN ACTIVITIES.—Section 237 (22 U.S.C. 2197) is amended by adding at the end thereof the following: "(m)(l) Before finally providing insurance, reinsurance, guarantees, or financing under this title for any environmentally sensitive investment in connection with a project in a country, the Corporation shall notify appropriate government officials of that country of— "(A) all guidelines and other standards adopted by the International Bank for Reconstruction and Development and any other international organization relating to the public health or safety or the environment which are applicable to the project; and "(B) to the maximum extent practicable, any restriction under any law of the United States relating to public health or safety or the environment that would apply to the project if the project were undertaken in the United States. The notification under the preceding sentence shall include a summary of the guidelines, standards, and restrictions referred to in subparagraphs (A) and (B), and may include any environmental impact statement, assessment, review, or study prepared with respect to the investment pursuant to section 239(g). "(2) Before finally providing insurance, reinsurance, guarantees, or financing for any investment subject to paragraph (1), the Corporation shall take into account any comments it receives on the project involved. "(3) On or before September 30, 1986, the Corporation shall notify appropriate government officials of a country of the guidelines, standards, and legal restrictions described in paragraph (1) that apply to any project in that country— "(A) which the Corporation identifies as potentially posing major hazards to public health and safety or the environment; and "(B) for which the Corporation provided insurance, reinsurance, guarantees, or financing under this title before the date of enactment of this subsection and which is in the Corporation's portfolio on that date.". (c) ENVIRONMENTAL IMPACT ASSESSMENTS.—Section 239(g) (22 U.S.C. 2199(g)) is amended to read as follows: "(g) The requirements of section 118(c) of this Act relating to environmental impact statements and environmental assessments shall apply to any investment which the Corporation insures, reinsures, guarantees, or finances under this title in connection with a project in a country.". SEC. 5. WORKERS RIGHTS; PUBLIC HEARINGS. (a) ESTABLISHMENT OF REQUIREMENTS.—Title IV of chapter 2 of

part I is amended by inserting after section 231 (22 U.S.C. 2191) the following new section: 22 USC 2191a.

"SEC. 231A. ADDITIONAL REQUIREMENTS. "(a) WORKER RIGHTS.— "(1) LIMITATION ON O P I C ACTIVITIES.—The Corporation may

insure, reinsure, guarantee, or finance a project only if the country in which the project is to be undertaken is taking steps to adopt and implement laws that extend internationaly recognized worker rights, as defined in section 502(a)(4) of the Trade

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99 STAT. 1671

Act of 1974 (19 U.S.C. 2462(a)(4)), to workers in that country (including any designated zone in that country). "(2)

98 Stat. 3019.

USE OF ANNUAL REPORTS ON WORKERS RIGHTS.—The

Corporation shall, in making its determinations under paragraph (1), use the reports submitted to the Congress pursuant to section 505(c) of the Trade Act of 1974 (19 U.S.C. 2465(c)). The 98 Stat. 3023. restriction set forth in paragraph (1) shall not apply until the first such report is submitted to the Congress. "(3) WAIVER.—Paragraph (1) shall not prohibit the Corporation from providing any insurance, reinsurance, guaranty, or financing with respect to a country if the President determines that such activities by the Corporation would be in the national economic interests of the United States. Any such determination shall be reported in writing to the Congress, together with the reasons for the determination. "(b) PUBLIC HEARINGS.—The Board shall hold at least one public hearing each year in order to afford an opportunity for any person to present views as to whether the Corporation is carrying out its activities in accordance with section 231 and this section or whether Ante, p. 1669. any investment in a particular country should have been or should be extended insurance, reinsurance, guarantees, or financing under this title.". Ob) EFFECTIVE DATE.—Subsection (a) of section 231A, as added by 22 USC 2i9ia suljsection (a) of this section, shall not apply to projects insured, ^°^^reinsured, guaranteed, or financed before the date of the enactment of this Act. SEC. 6. INSURANCE FOR LOSS DUE TO BUSINESS INTERRUPTION.

(a) ISSUING AUTHORITY.—Section 234(a) (22 U.S.C. 2194(a)) is amended— (1) in paragraph (1)— (A) in subparagraph (B) by striking out "and" after the semicolon; (B) in subparagraph (C) by striking out the period and inserting in lieu thereof "; and"; and (C) by adding at the end the following: "(D) loss due to business interruption caused by any of the risks set forth in subparagraphs (A), (B), and (C)."; and (2) in paragraph (4)— (A) by striking out "civil strife insurance for the first time" and inserting in lieu thereof "insurance for the first time for loss due to business interruption"; (B) by striking out "definition of civil strife" and inserting in lieu thereof "definition of 'civil strife' or 'business interruption'"; (C) by inserting immediately before the period at the end of the paragraph the following: "and, in the case of insurance for loss due to business interruption, an explanation of the underwriting basis upon which the insurance is to be offered"; and (D) by adding at the end of the paragraph the following: "Any such report with respect to insurance for loss due to business interruption shall be considered in accordance with the procedures applicable to reprogramming notifications pursuant to section 634A of this Act.". Ob) COMPENSATION FOR Loss.—Section 237(f) (22 U.S.C. 2197(f)) is amended in the first sentence—

22 USC 2394-1.

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 99 STAT. 1672

22 USC 2194b. Contracts.

Ante, p. 1669.

PUBLIC LAW 99-204—DEC. 23, 1985

(1) by striking out "and (2)" and inserting in lieu thereof "(2)"; and (2) by inserting immediately before the period at the end of the sentence the following: ", and (3) compensation for loss due to business interruption may be computed on a basis to be determined by the Corporation which reflects amounts lost". SEC. 7. MAXIMUM CONTINGENT LIABILITY FOR INVESTMENT GUARANTEES. Section 234(b) (22 U.S.C. 2194(b)) is amended in the last proviso by striking out "10" and inserting in lieu thereof "15". SEC. 8. POOLING AND RISK-SHARING AGREEMENTS. Section 234(f)(2) (22 U.S.C. 2194(fK2)) is amended by striking out "other national or". SEC. 9. FACULTATIVE REINSURANCE PROGRAM. (a) ESTABLISHMENT.—Title IV of chapter 2 of part I is amended by inserting after section 234 (22 U.S.C. 2194) the following new section: "SEC. 234A. FACULTATIVE REINSURANCE PROGRAM. "(a) ESTABLISHMENT.—In Order,to encourage greater availability of political risk insurance for eligible investors, the Corporation shall establish, not later than one year after the date of the enactment of the Overseas Private Investment Corporation Amendments Act of 1985, a pilot program of facultative reinsurance. The program shall provide reinsurance to insurance companies, financial institutions, other persons, or groups thereof, with respect to insurance issued by such companies, institutions, persons, or groups for new investments, and expansions of existing investments, by eligible investors, in excess of limits which the Corporation would otherwise normally apply for its exposure to such investments. Contracts of reinsurance issued under the program shall be on equitable terms. The program, and any project covered by reinsurance under the program, shall be consistent with the provisions of this title. "(b) PERSONS ELIGIBLE FOR THE PROGRAM.—An insurance company, financial institution, or other person shall be eligible to participate in the facultative reinsurance program established under subsection (a) if that company, institution, or other person is an eligible investor under this title. The Corporation shall take steps to encourage equitable participation in the program by all eligible persons. "(c) MAXIMUM EXPOSURE.—The exposure of the Corporation under the facultative reinsurance program at any one time may not exceed $150,000,000 or, with respect to any one country, $50,000,000. "(d) ADVISORY GROUP.—

"(1) ESTABLISHMENT AND MEMBERSHIP.—The Corporation shall establish a group to advise the Corporation on the development and implementation of the program of facultative reinsurance under this section. The group shall be composed of nine members as follows: "(A) Three officers or employees of the Corporation designated by the Board. "(B) Four persons appointed by the Board, of whom at least one shall represent an insurance company, one a reinsurance brokerage firm, and one an underwriter, a financial institution, or other person or entity eligible for

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99 STAT. 1673

the facultative reinsurance program under this section. In selecting such persons, the Board shall consider their previous active involvement in the field of political risk insurance or reinsurance and shall consult with any major organizations representing insurance, reinsurance, and brokerage institutions as to the suitability of the respective candidates to represent their industry. "(C) Two persons appointed by the Board from among persons who are eligible investors, other than persons described in subparagraph (B). "(2) FUNCTIONS.—The advisory group shall advise the Corporation on the development and implementation of the facultative reinsurance program under this section, including ways to ensure equitable participation in the program by all eligible persons. "(3) MEETINGS.—The advisory group shall meet not later than one hundred and eighty days after the date of the enactment of the Overseas Private Investment Corporation Amendments Act of 1985, and not less than once in every one hundred and eightyday period thereafter. (4) FEDERAL ADVISORY COMMITTEE ACT.—The advisory group shall not be subject to the Federal Advisory Committee Act (5 U.S.C. App.). "(e) REPORT TO THE CONGRESS.—The Corporation shall, not later than eighteen months after the date of the enactment of the Overseas Private Investment Corporation Amendments Act of 1985, submit to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate a report on the implementation of the facultative reinsurance program established under subsection (a).", (b) TECHNICAL AMENDMENTS.—

(1) Section 235(d) (22 U.S.C. 2195(d)) is amended in the first sentence by striking out "or under similar predecessor guaranty authority" and inserting in lieu thereof ", under similar predecessor guaranty authority, or under section 234A". (2) Section 237(f) (22 U.S.C. 2197(f)) is amended in the last sentence by inserting "or 234A" after "234". (3) Section 240 (22 U.S.C. 2200) is amended in the last sentence by inserting "and section 234A" after "234". SEC. 10. EXTENSION OF ISSUING AUTHORITY.

Section 235(a)(5) (22 U.S.C. 2195(a)(5)) is amended by striking out "1985" and inserting in lieu thereof "1988". SEC. 11. AUDITS OF THE CORPORATION.

Section 239(c) (22 U.S.C. 2199(c)) is amended to read as follows: "(c)(1) The Corporation shall be subject to the applicable provisions of chapter 91 of title 31, United States Code, except as other- 31 USC 9ioi et wise provided in this title. seq. "(2) An independent certified public accountant shall perform a financial and compliance audit of the financial statements of the Corporation at least once every three years, in accordance with generally accepted Government auditing standards for a financial and compliance audit, as issued by the Comptroller General. The Report. independent certified public accountant shall report the results of such audit to the Board. The financial statements of the Corporation shall be presented in accordance with generally accepted accounting

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 99 STAT. 1674 Report.

Report.

PUBLIC LAW 99-204—DEC. 23, 1985

principles. These financial statements and the report of the accountant shall be included in a report which contains, to the extent applicable, the information identified in section 9106 of title 31, United States Code, and which the Corporation shall submit to the Congress not later than six and one-half months after the end of the last fiscal year covered by the audit. The General Accounting Office may review the audit conducted by the accountant and the report to the Congress in the manner and at such times as the General Accounting Office considers necessary, "(3) In lieu of the financial and compliance audit required by paragraph (2), the General Accounting Office shall, if the Office considers it necessary or upon the request of the Congress, audit the financial statements of the Corporation in the manner provided in paragraph (2). The Corporation shall reimburse the General Accounting Office for the full cost of any audit conducted under this paragraph. "(4) All books, accounts, financial records, reports, files, workpapers, and property belonging to or in use by the Corporation and the accountant who conducts the audit under paragraph (2), which are necessary for purposes of this subsection, shall be made available to the representatives of the General Accounting Office.". SEC. 12. EXEMPTION FROM TAXATION.

Section 239 (22 U.S.C. 2199) is amended by adding at the end thereof the following: "(j) The Corporation, including its franchise, capital, reserves, surplus, advances, intangible property, and income, shall be exempt from all taxation at any time imposed by the United States, by any territory, dependency, or possession of the United States, or by any State, the District of Columbia, or any county, municipality, or local taxing authority.". SEC. 13. PUBLICATION OF POLICY GUIDELINES.

Section 239, as amended by the preceding section of this Act, is further amended by adding at the end thereof the following: "(k) The Corporation shall publish, and make available to applicants for insurance, reinsurance, guarantees, financing, or other assistance made available by the Corporation under this title, the policy guidelines of the Corporation relating to its programs.". SEC. 14. EFFECTS OF OPIC ACTIVITIES ON EMPLOYMENT IN THE UNITED STATES.

Reports. Loans.

Exports.

(a) OPIC REPORTS.—Section 240A (22 U.S.C. 2200a) is amended— (1) by inserting "(a)" immediately before "After" in the first sentence; and (2) by adding at the end of the section the following new subsections: "OJXD Each annual report required by subsection (a) shall contain projections of the effects on employment in the United States of all projects for which, during the preceding fiscal year, the Corporation initially issued any insurance, reinsurance, or guaranty or made any direct loan. Each such report shall include projections o— f "(A) the amount of United States exports to be generated by those projects, both during the start-up phase and over a period of years; (B) the final destination of the products to be produced as a result of those projects; and

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 PUBLIC LAW 99-204—DEC. 23, 1985 "(C) the impact such production will have on the production of similar products in the United States with regard to both domestic sales and exports. "(2) Each report required by this subsection shall be based on an analysis of each of the projects described in paragraph (1). The reports may, however, present information and an^ysis in aggregate form, but only if—• "(A) those projects which are projected to have a positive effect on employment in the United States and those projects which are projected to have a negative effect on employment in the United States are grouped separately; and "(B) there is set forth for each such grouping the key characteristics of the projects within that grouping, including the number of projects in each economic sector, the countries in which the projects in each economic sector are located, and the projected level of the impact of the projects in each economic sector on employment in the United States and on United States trade. "(c)(1) Not later than December 31, 1987, the Corporation shall submit to the Congress a report analyzing the actual effects, as of September 30, 1986, on employment in the United States of all projects with respect to which any insurance, reinsurance, or guaranty issued by the Corporation was in effect on September 30, 1986, or with respect to which repayments on direct loans by the Corporation were being made as of that date. The report shall set forth— "(A) the amount of United States exports generated by those projects during each fiscal year, "(B) to the extent feasible, the final destination of the products produced each fiscal year as a result of those projects, and "(C) the impact of such production on the production of similar products in the United States during each fiscal year with regard to both domestic sales and exports. "(2) In preparing this report, the Corporation shall collect factual data for each of the projects described in paragraph (1). The report may, however, present this information and the analysis of this information in aggregate form, but only if— "(A) those projects which have a positive effect on employment in the United States and those projects which have a negative effect on employment in the United States are grouped separately; and "(B) there is set forth for each such grouping the key characteristics of the projects within that grouping, including the number of projects in each economic sector, the countries in which the projects in each economic sector are located, and the impact of the projects in each economic sector on the level of employment in the United States and on the United States trade balance. "(3) The Corporation shall consult with the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate in determining the methodology to be used in acquiring the information and in doing the analysis necessary to prepare the report required by this subsection, including identification of which projects should be analyzed. To facilitate this consultation, the Corporation shall submit to those committees by September 30, 1986, a written description of its proposed methodology, including its proposed methodology with respect to determining final destinations.

99 STAT. 1675 Exports.

Commerce and trade.

Reports. Loans.

Exports.

Commerce and trade.

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 99 STAT. 1676

PUBLIC LAW 99-204—DEC. 23, 1985

"(4) To the extent that the report required by this subsection does not identify the final destination of the products produced as a result of a particular project, the report shall explain why it was not feasible to provide that information. "(d) The Corporation shall maintain as part of its records— "(1) all information collected in preparing the report required by subsection (c), whether the information was collected by the Corporation itself or by a contractor; and "(2) a copy of the analysis of each project analyzed in preparing the reports required by either subsection (b) or (c). "(e) Subsections (b) and (c) do not require the inclusion in any report submitted pursuant to those subsections of any information which would not be required to be made available to the public pursuant to section 552 of title 5, United States Code (relating to freedom of information).". (b) GAO STUDY AND REPORT.—The Comptroller General shall

conduct a study of the impact on employment in the United States of the activities of the Overseas Private Investment Corporation and shall prepare and transmit to the Congress a report setting forth the findings of that study within one year after the date of enactment of this Act. SEC. 15. RETURN OF APPROPRIATED FUNDS.

Repeal.

Section 240B (22 U.S.C. 2200b) is repealed. SEC. 16. FALSE ADVERTISING OR MISUSE OF THE NAME OF THE CORPORATION.

Section 709 of title 18, United States Code, is amended by inserting after the tenth paragraph the following: "Whoever uses the words 'Overseas Private Investment', 'Overseas Private Investment Corporation', or 'OPIC, as part of the business or firm name of a person, corporation, partnership, business trust, association, or business entity; or". SEC. 17. TECHNICAL AMENDMENTS. (a) CLARIFICATION OF DEFINITION OF ELIGIBLE PERSON.—Clause (2)

of section 238(c) (22 U.S.C. 2198(c)(2)) is amended by striking out "or any State or territory thereof and inserting in lieu thereof ", any State or territory thereof, or the District of Columbia,". (b) CONFORMING INTERNAL CROSS-REFERENCES.—Section 235 (22

U.S.C. 2195) is amended— (1) in subsection (c)— (A) by striking out "section 235(d)" and inserting in lieu thereof "subsection (d) of this section"; (B) by striking out "section 234(e)" and inserting in lieu thereof "subsection (e) of this section"; and (C) by striking out "section 235(f)" and inserting in lieu thereof "subsection (f) of this section"; and (2) in subsection (d) by striking out "section 235(f)" each place it appears and inserting in lieu thereof "subsection (f) of this section".

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99 STAT. 1677

(c) REPEAL OF EXECUTED REPORTING REQUIREMENT.—Section 9 of

the Overseas Private Investment Corporation Amendments Act of 1981 (Public Law 97-65) is amended— (1) by striking out "(a)" after "SEC. 9."; and (2) by striking out subsection (b). Approved December 23, 1985.

LEGISLATIVE HISTORY—S. 947 (H.R. 3166): HOUSE REPORTS: No. 99-285 accompanying H.R. 3166 (Comm. on Foreign Affairs) and No. 99-428 (Comm. of Conference). SENATE REPORT No. 99-156 (Comm. on Foreign Relations). CONGRESSIONAL RECORD, Vol. 131 (1985): Sept. 23, H.R. 3166 considered and passed House. Nov. 14, considered and passed Senate. Dec. 3, considered and passed House, amended, in lieu of H.R. 3166. Dec. 11, House agreed to conference report. Dec. 12, Senate agreed to conference report.

22 USC 2200a. 22 USC 2200a note.

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 99 STAT. 1678

PUBLIC LAW 99-205—DEC. 23, 1985

Public Law 99-205 99th Congress An Act Dec. 23, 1985 [S. 1884] Farm Credit Amendments Act of 1985. Banks and banking. Loans. 12 USC 2001 note.

12 USC 2151. 12 USC 1131. 12 USC 1141d. 12 USC 2001 note.

12 USC 2152. 12 USC 2154.

To amend the Farm Credit Act of 1971, to restructure and reform the Farm Credit System, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Farm Credit Amendments Act of 1985". TITLE I—PROVISIONS TO STRENGTHEN THE OPERATION OF FARM CREDIT SYSTEM LENDING INSTITUTIONS CAPITAL AND FINANCING

S E C 101. Part A of title IV of the Farm Credit Act of 1971 is amended by— (1) amending section 4.0 to read as follows: " S E C 4.0. REVOLVING FUNDS; INVESTMENTS.—The revolving fund established by Public Law 87-343, 75 Stat. 758, as amended, and the revolving fund established by Public Law 87-494, 76 Stat. 109, as amended, and continued by Public Law 96-592, shall be merged and shall be available to the Farm Credit Administration for the purchase, on behalf of the United States, of capital stock of the Capital Corporation. The Farm Credit Administration may make such purchases of stock as the Farm Credit Administration determines, in its discretion, are necessary to achieve the purposes of this Act."; (2) striking out section 4.1; (3) in section 4.3— (A) redesignating subsection (b) as subsection (c); and (B) by striking out the matter preceding subsection (b) and inserting in lieu thereof the following: " S E C 4.3. CAPITAL ADEQUACY OF BANKS AND ASSOCIATIONS.—(a)

The Farm Credit Administration shall cause System institutions to achieve and maintain adequate capital by establishing minimum levels of capital for such System institutions and by using such other methods as the Farm Credit Administration deems appropriate. The Farm Credit Administration may establish such minimum level of capital for a System institution as the Farm Credit Administration, in its discretion, deems to be necessary or appropriate in light of the particular circumstances of the System institution. "(b)(l) Failure of a System institution to maintain capital at or above its minimum level as established under subsection (a) may be deemed by the Farm Credit Administration, in its discretion, to constitute an unsafe and unsound practice within the meaning of this Act. "(2)(A) In addition to, or in lieu of, any other action authorized by law, including paragraph (1), the Farm Credit Administration may issue a directive to a System institution that fails to maintain capital at or above its required level as established under subsection (a). Such directive may require the System institution to submit and adhere to a plan acceptable to the Farm Credit Administration

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99 STAT. 1679

describing the means and timing by which the System institution shall achieve its required capital level, but may not require merger or consolidation without a majority vote of the voting stockholders or the contributors to the guaranty fund of the institution. "(B) Any directive issued under this paragraph, including plans submitted pursuant thereto, shall be enforceable under the provisions of section 5.31 of this Act to the same extent as an effective and outstanding order issued under section 5.25 of this Act that has become final. "(3) The Farm Credit Administration may consider such System institution's progress in adhering to any plan required under paragraph (2) whenever such System institution, or an affiliate thereof, seeks the requisite approval of the Farm Credit Administration for any proposal that would divert earnings, diminish capital, or otherwise impede such System institution's progress in achieving its minimum capital level. The Farm Credit Administration may deny such approval where it determines that such proposal would adversely affect the ability of the System institution to comply with such plan."; and (4) in section 4.4— (A) redesignating subsection (c) as subsection (d); and (B) inserting, after subsection (b), the following: "(c) For purposes of this part, the term 'bank' shall include the Capital Corporation.".

Post, p. 1700. Post, p. 1694.

12 USC 2155.

APPOINTMENT OF CONSERVATOR OR RECEIVER

SEC. 102. Section 4.12 of the Farm Credit Act of 1971 is amended by striking out subsection (b) and inserting in lieu thereof the following: "(b) The Farm Credit Administration may appoint a conservator or receiver for any System institution on the determination by the Farm Credit Administration that one or more of the following exists, or is occurring, with respect to the institution: (1) insolvency, in that the assets of the institution are less than its obligations to its creditors and others, including its members; (2) substantial dissipation of assets or earnings due to any violation of law, rules, or regulations, or to any unsafe or unsound practice; (3) an unsafe or unsound condition to transact business; (4) willful violation of a cease and desist order that has become final; (5) concealment of books, papers, records, or assets of the institution or refusal to submit books, papers, records, or other material relating to the affairs of the institution for inspection to any examiner or to any lawful agent of the Farm Credit Administration. The Farm Credit Administration shall have exclusive power and jurisdiction to appoint a conservator or receiver. If the Farm Credit Administration determines that a ground for the appointment of a conservator or receiver as herein provided exists, the Farm Credit Administration may appoint ex parte and without notice a conservator or receiver for the institution. In the event of such appointment, the institution, within thirty days thereafter, may bring an action in the United States district court for the judicial district in which the home office of such institution is located, or in the United States District Court for the District of Columbia, for an order requiring the Farm Credit Administration to remove such conservator or receiver, and the court, shall on the merits, dismiss such action or direct the Farm Credit Administration to remove such conservator or receiver. On

12 USC 2183.

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