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Page:United States Statutes at Large Volume 100 Part 5.djvu/25

 LIST OF PUBLIC LAWS DATE

PUBLIC LAW

99-652 99-653 99-654 99-655 99-656 99-657 99-658 99-659 99-660 99-661 99-662 99-663 99-664

V

XXV

To provide standards for placement of commemorative works on certain Federal lands in the District of Columbia and its environs, and for other purposes. Immigration and Nationality Act Amendments of 1986.... Sexual Abuse Act of 1986 Entitled the "Lower Colorado Water Supply Act" To amend the interest provisions of the Declaration of Taking Act. Judicial Housekeeping Act of 1986 To approve the "Compact of Free Association" between the United States and the Government of Palau, and for other purposes. To amend certain provisions of the law regarding the fisheries of the United States, and for other purposes. To require States to develop, establish, and implement State comprehensive mental health plans. National Defense Authorization Act for Fiscal Year 1987. Water Resources Development Act of 1986 Columbia River Gorge National Scenic Area Act Haida Land Exchange Act of 1986

PAGE

Nov. 14, 1986

3650

Nov. Nov. Nov. Nov.

1986 1986 1986 1986

3655 3660 3665 3668

Nov. 14, 1986 Nov. 14, 1986

3670 3672

Nov. 14, 1986

3706

Nov. 14, 1986

3743

Nov. Nov. Nov. Nov.

3816 4082 4274 4303

14, 14, 14, 14,

14, 1986 17, 1986 17, 1986 17, 1986

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Page:United States Statutes at Large Volume 100 Part 5.djvu/27

 LIST OF BILLS ENACTED INTO PRIVATE LAW THE NINETY-NINTH CONGRESS OF THE UNITED STATES SECOND SESSION, 1986

BILL

PRIVATE LAW

BILL

PRIVATE LAW

BILL

PRIVATE LAW

H.R. 483 H.R. 737 H.R. 1010 H.R. 1260 H.R. 1529 H.R. 1598 H.R. 1693 H.R. 1783

99-5 99-2 99-22 99-13 99-15 99-18 99-6 99-14

H.R. 1757 H.R. 2574 H.R. 2991 H.R. 3093 H.R. 3154 H.R. 3323 H.R. 3365 H.R. 3577

99-7 99-23 99-4 99-8 99-9 99-10 99-11 99-12

H.R. 5016 . ^^, g- ^° • • §' Jqn g 332 s' 381 S. 1027 S. 1895 xxvii

99-19 ^... ^^'^^ qq f7 99-24 99-1 99-3 99-21

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 LIST OF PRIVATE LAWS CONTAINED IN THIS VOLUME

PRIVATE LAW

99-1 99-2 99-3 99-4 99-5 99-6 99-7 99-8 99-9 99-10 99-11 99-12 99-13 99-14 99-15 99-16 99-17 99-18 99-19 99-20 99-21 99-22 99-23 99-24

DATE

For the relief of Mishleen Earle For the relief of Ms. Chang Ai Bae For the relief of Kenneth David Franklin For the relief of Betsy L. Randall For the relief of Edwin Marcos Rios (also known as Marcos Edwin Rios) and Geovanna Rios. For the relief of Enrique Montano Ugarte For the relief of Leonard Leslie Gamble For the relief of Juan Ricardo McRae For the relief of John Patrick Brady, Ann M. Brady, and Mark P. Brady. For the relief of Alexander Lockwood For the relief of Mountaha Bou-Assali Saad For the relief of Milanie C. Escobal Norman For the relief of Joe Herring For the relief of Mary E. Stokes For the relief of Gerald M. Hendley For the relief of Cirilo Raagas Costa and Wilma Raagas Costa. For the relief of Catherine and Robert Fossez For the relief of Steven McKenna For the relief of Sueng Ho Jang and Sueng II Jang For the relief of Elga Bouilliant-Linet For the relief of Marlboro County General Hospital Charity, of Bennettsville, South Carolina. For the relief of Audrey O. Lewis and Emerson B. Vereen. For the relief of the survivors of Christopher Eney For the relief of Ramzi Sallomy and Marie Sallomy

PAGE

May 15, 1986 May 20, 1986 June 19, 1986 Aug. 7, 1986 Aug. 23, 1986

4313 4313 4314 4314 4314

Aug. Aug. Aug. Aug.

23, 1986 23, 1986 23, 1986 23, 1986

4315 4315 4316 4316

Aug. 23, 1986 Aug. 23, 1986 Aug. 23, 1986 Aug. 28, 1986 Sept. 23, 1986 Sept. 25, 1986 Sept. 25, 1986

4316 4317 4317 4318 4318 4319 4319

Sept. 30, 1986 Oct. 21, 1986 Oct. 21, 1986 Oct. 27, 1986 Oct. 27, 1986

4320 4320 4321 4322 4322

Oct. 29, 1986

4324

Nov. 3, 1986 Nov. 7, 1986

4324 4325

xxix

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Page:United States Statutes at Large Volume 100 Part 5.djvu/31

 LIST OF CONCURRENT RESOLUTIONS

CX)N. RES.

H. Con. Res. 268.... H. Con. Res. 274.... S. Con. Res. 107 H. Con. Res. 276.... S. Con. Res. 114 H. Con. Res. 278.... H. Con. Res. 304.... H. Con. Res. 305.... S. Con. Res. 127 S. Con. Res. 128 8. Con. Res. 133 S. Con. Res. 126 H. Con. Res. 329.... S. Con. Res. 144 H. Con. Res. 311.... S. Con. Res. 95 S. Con. Res. 142 H. Con. Res. 340.... H. Con. Res. 346.... S. Con. Res. 152 H. Con. Res. 362.... H. Con. Res. 364.... S. Con. Res. 120 H. Con. Res. 325.... H. Con. Res. 326.... H. Con. Res. 368.... H. Con. Res. 371.... H. Con. Res. 374.... S. Con. Res. 161 H. Con. Res. 288.... H. Con. Res. 301.... H. Con. Res. 380....

i

CONTAINED I N THIS VOLUME

>^-

••••'--

'

DATE

PAGE

Joint meeting Jan. 22, 1986 4329 Joint meeting Jan. 28, 1986 4329 Adjournment—House of Representatives and Senate Feb. 6, 1986 4329 Indian students—Department of Education grants.... Feb. 7, 1986 4329 Enrollment corrections—H.R. 1614 Mar. 11, 1986.... 4331 National TRIO Day Mar. 21, 1986.... 4331 Adjournment—House of Representatives and Senate Mar. 24, 1986.... 4332 Enrollment corrections—H.R. 3128 Mar. 26, 1986.... 4332 Commercial tied aid credits—Restrictions Apr. 14, 1986 4347 Australia bicentennial celebration Apr. 17, 1986 4348 John McMahon—Honoring upon retirement from Apr. 29, 1986 4348 distinguished public service. Days of Remembrance of Victims of the Holocaust— May 1, 1986 4349 Capitol rotunda ceremony. Natan (Anatoly) Shcharansky—Welcoming May 8, 1986 4350 ceremony and continued freedom efforts for all Soviet Jews. Adjournment—House of Representatives and Senate May 21, 1986 4351 1986 District of Columbia Special Olympics Torch May 21, 1986 4351 Relay. Consumers Union of United States, Inc.— May 22, 1986 4352 Recognition. Enrollment corrections—H.R. 2672 May 22, 1986 4352 Enrollment corrections—H.R. 3570 June 6, 1986 4353 Enrollment corrections—S. 124 June 6, 1986 4353 Enrollment correction—S. 2414 June 24, 1986.... 4353 Statue of Liberty ceremony—Moment of silence for June 26, 1986.... 4354 American captives in Lebanon. Adjournment—House of Representatives and Senate June 26, 1986.... 4354 Federal budget—Fiscal years 1987-1989 June 27, 1986.... 4354 Berlin—Continued U.S. commitment and July 15, 1986 4371 commendation on fiftieth anniversary celebration of Jesse Owens' 1936 Olympic games victories. Berlin—U.S. commitment to its people and July 15, 1986 4372 condemnation of the Berlin Wall. Enrollment corrections—H.J. Res. 672 July 17, 1986 4373 Enrollment correction—H.R. 3511 July 22, 1986 4373 Adjournment limitations—House of Representatives July 31, 1986 4373 and Senate. Enrollment correction—H.R. 4329 Aug. 15, 1986.... 4374 "U.N. Conference to Review and Appraise the U.N. Aug. 15, 1986.... 4374 Decade for Women: Report of Congressional Staff Advisors to the Nairobi Conference"—Printing. President's message—Rescissions, deferrals, and Aug. 15, 1986.... 4374 revised deferrals of budget authority. Adjournment—House of Representatives and Senate Aug. 16, 1986.... 4374

xxxi

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 LIST OF CONCURRENT RESOLUTIONS CON. RES.

DATE

H. Con. Res. 375.

Sept. 24, 1986.... 4375

"We The People"—Official congressional calendar for Constitution bicentennial. H. Con. Res. 394. Enrollment corrections—S. 1965 H. Con. Res. 67... Grandparents' rights—Visitation with grandchildren. S. Con. Res. 143.. United Nations Orderly Departure Program for Vietnam —Resumption. H. Con. Res. 332. Soviet Union—Incarceration of Ukrainian and other Helsinki monitoring groups. H. Con. Res. 400. Enrollment correction—H.R. 4021 H. Con. Res. 401. Enrollment corrections—S. 2069 H. Con. Res. 391. Voice of America and RFE/RL, Incorporated—Radio broadcast interference from Soviet Union, Poland, and Czechoslovakia. H. Con. Res. 404 Dr. Naum Meiman and Inna Kitrosskaya-Meiman— Emigration from Soviet Union. H. Con. Res 411.... Enrollment correction—S. 475 S. Con. Res. 168 Enrollment correction—S. 2250 S. Con. Res. 171 Enrollment corrections—H.J. Res. 626 H. Con. Res 412.... Enrollment correction—S. 1200 H. Con. Res 414.... Enrollment corrections—S. 1200 S. Con. Res. 174 Enrollment correction—H.R. 5300 H. Con. Res 417.... Adjournment—House of Representatives and Senate

'}

•

'

''

"-

PAGE

Sept. 25, 1986.... 4375 Sept. 29, 1986.... 4376 Sept. 30, 1986.... 4378 Oct. 1, 1986

4379

Oct. 3, 1986 Oct. 3, 1986 Oct. 9, 1986

4381 4381 4381

Oct. 16, 1986

4382

Oct. Oct. Oct. Oct. Oct. Oct. Oct.

4384 4384 4384 4385 4385 4386 4386

16, 1986 16, 1986 16, 1986 17, 1986 17, 1986 18, 1986 18, 1986

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 LIST OF PROCLAMATIONS CONTAINED IN THIS VOLUME

PROC.

5424 5425 5426 5427 5428 5429 5430 5431 5432 5433 5434 5435 5436 5437 5438 5439 5440 5441 5442 5443 5444 5445 5446 5447 5448 5449 5450 5451 5452 5453 5454 5455 5456 5457 5458 5459 •:.

DATE

Made in America Month, 1985 To Amend the Quantitative Limitations on Imports of Certain Cheeses. National Fetal Alcohol Syndrome Awareness Week, 1986 Save Your Vision Week, 1986 National Poison Prevention Week, 1986 National Day of Prayer, 1986 National Sanctity of Human Life Day, 1986 Martin Luther King, Jr. Day, 1986 National Jaycee Week, 1986 Truck and Bus Safety Week, 1986 Death of American Astronauts on Board Space Shuttle Challenger. American Heart Month, 1986 Sesquicentennial Year of the National Library of Medicine, 1986. Suspending Most-Favored-Nation Status for Afghanistan. National Safe Boating Week, 1986 Small Business Week, 1986 National Burn Awareness Week, 1986 National Humanities Week, 1986 National Hemophilia Month, 1986 National Black (Afro-American) History Month, 1986 Hugo Lafayette Black Day, 1986 Red Cross Month, 1986 Women's History Week, 1986 Freedom of Information Day, 1986 Increase in the Rates of Duty on Certain Articles From Japan. National Agriculture Day, 1986 Afghanistan Day, 1986 National Energy Education Day, 1986 To Withdraw Preferential Treatment Under the Generalized System of Preferences for Certain Ethanol Mixtures. Amending the Generalized System of Preferences World Health Week and World Health Day, 1986 Cancer Control Month, 1986 National Organ and Tissue Donor Awareness Week, 1986 Centennial Year of the Gasoline Powered Automobile, 1986. To Designate Aruba as a Beneficiary Country for Purposes of the Generalized System of Preferences and the Caribbean Basin Economic Recovery Act. Pan American Day and Pan American Week, 1986 ,. >-•-•

-

•

,..,,..-..„-.

PAGE

Dec. 23, 1985 Jan. 6, 1986

4389 4389

Jan. Jan. Jan. Jan. Jan. Jan. Jan. Jan. Jan.

8, 1986 13, 1986 13, 1986 13, 1986 15, 1986 18, 1986 21, 1986 25, 1986 28, 1986

4390 4391 4392 4393 4395 4396 4397 4398 4399

Jan. 29, 1986 Jan. 29, 1986

4400 4401

Jan. 31, 1986 Feb. 3, 1986 Feb. 7, 1986 Feb. 11, 1986 Feb. 11, 1986 Feb. 21, 1986 Feb. 24, 1986 Feb. 24, 1986 Feb. 28, 1986 Mar. 4, 1986 Mar. 14, 1986 Mar. 16, 1986

4402 4402 4403 4404 4404 4405 4406 4407 4408 4409 4410 4411

Mar. Mar. Mar. Mar.

20, 1986 21, 1986 21, 1986 31, 1986

4412 4413 4414 4415

Mar. 31, 1986 Apr. 7, 1986 Apr. 7, 1986 Apr. 7, 1986 Apr. 10, 1986

4419 4422 4423 4424 4425

Apr. 11, 1986

4426

Apr. 14, 1986

4428

xxxiii

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Page:United States Statutes at Large Volume 100 Part 5.djvu/34

 XXXIV

LIST OF PROCLAMATIONS

PROC.

5460 5461 5462 5463 5464 5465 5466 5467 5468 5469 5470..... 5471 5472 5473 5474 5475 5476 5477 5478

5479 5480 5481 5482 5483 5484 5485 5486 5487 5488 5489 5490 5491 5492 5493 5494 5495 5496 5497 5498

5499 5500 5501 5502 5503 5504 5505 5506 5507 5508 5509

DATE

Law Day U.S.A., 1986 National Mathematics Awareness Week, 1986 National Garden Week, 1986 Education Day, U.S.A., 1986 National School Library Month, 1986 Asian/Pacific American Heritage Week, 1986 Mother's Day, 1986 Father's Day, 1986 Older Americans Month, 1986 National Reading Is Fun Week, 1986 Fair Housing Month, 1986 Loyalty Day, 1986 National Barrier Awareness Day, 1986 Naval Aviation Day, 1986 National Fishing Week, 1986 Year of the Flag Flag Day and National Flag Week, 1986 National Osteoporosis Awareness Week, 1986 Imposition of Quantitative Restrictions on Imports of Certain Articles From the European Economic Community. Jewish Heritage Week, 1986 National Defense Transportation Day and National Transportation Week, 1986. National Digestive Diseases Awareness Week, 1986 World Trade Week, 1986 Just Say No To Drugs Week, 1986 Andrei Sakharov Day National Maritime Day, 1986 Better Hearing and Speech Month, 1986 National Tourism Week, 1986 Older Americans Melanoma/Skin Cancer Detection and Prevention Week, 1986. National Farm Safety Week, 1986 Prayer for Peace, Memorial Day, 1986 National Birds of Prey Month, 1986 National Food Bank Week, 1986 Hands Across America Day, 1986 Critical Care Week, 1986 National Child Safety Month, 1986 National Neighborhood Housing Services Week, 1986 National Theatre Week, 1986 Temporary Duty Increase on the Importation Into the United States of Wood Shingles and Shakes of Western Red Cedar. National Children's Accident Prevention Week, 1986 Youth Suicide Prevention Month, 1986 Baltic Freedom Day, 1986 National Agricultural Export Week, 1986 National Interstate Highway Day, 1986 National Safety in the Workplace Week, 1986 National Save American Industry and Jobs Day, 1986 National Homelessness Awareness Week, 1986 National Literacy Day, 1986 Minority Enterprise Development Week, 1986 Let Freedom Ring Day, 1986

PAGE

Apr. 16 1986., Apr. 17 1986., Apr. 18 1986., Apr. 19; 1986., , Apr. 22, 1986., Apr. 22, 1986., Apr. 22, 1986., Apr. 22, 1986., Apr. 23, 1986., Apr. 24, 1986., Apr. 30, 1986., May 1, 1986..., May 7, 1986..., May 8, 1986..., May 8, 1986..., May 12 1986. May 12 1986. May 13 1986. May 15. 1986.

4428 4430 4430 4431 4432 4432 4433 4434 4435 4436 4437 4437 4438 4439 4439 4440 4441, 4442 4443

May 15, 1986. May 15- 1986.

4447, 4447

May 17 May 19, May 20, May 20: May 20; May 21 May 21 May 21

1986. 1986. 1986. 1986. 1986. 1986. 1986. 1986.

, 4448, 4449 , 4451 , 4452 4453 . 4454 , 4455 , 4455

May 21 1986. May 22 1986. May 22; 1986. May 23 1986. May 23 1986. May 25 1986. May 28; 1986. May 30 1986. May 30; 1986. June 6, 1986..

, 4457, 4457 , 4458 , 4459 , 4460 , 4461 , 4462 , 4463 , 4464 , 4465

June 7, 1986 June 10, 1986 June 12, 1986 June 19, 1986 June 19, 1986 June 19, 1986 June 21, 1986 June 25, 1986 July 1, 1986 July 1, 1986 July 2, 1986

4466 4467 4467 4468 4469 4470 4470 4471 4472 4473 4473

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 LIST OF PROCLAMATIONS PROC.

5510 5511 5512 5513 5514 5515 5516 5517 5518 5519 5520 5521 5522 5523 5524 5525 5526 5527 5528 5529 5530 5531 5532 5533 5534 5535 5536 5537 5538 5539 5540 5541 5542 5543 5544 5545 5546 5547 5548 5549 5550 5551 5552 5553 5554

xxxv DATE

National Immigrants Day, 1986 National Air Traffic Control Day, 1986 Captive Nations Week, 1986 National Family Reunion Weekend, 1986 National Nuclear Medicine Week, 1986 Helsinki Human Rights Day, 1986 National Neighborhood Crime Watch Day, 1986 Suspension of Cuban Immigration Women's Equality Day, 1986 Adult Literacy Awareness Month, 1986 National P.O.W./M.I.A. Recognition Day, 1986 Federal Lands Cleanup Day, 1986 National Hispanic Heritage Week, 1986 Lupus Awareness Month, 1986 National Employ the Handicapped Week, 1986 National Infection Control Week, 1986 and 1987 Citizenship Day and Constitution Week, 1986 World Food Day, 1986 National Historically Black Colleges Week, 1986 National School-Age Child Care Awareness Week, 1986.... Ethnic American Day, 1986 Emergency Medical Services Week, 1986 American Business Women's Day, 1986 Child Health Day, 1986 Veterans Day, 1986 Fire Prevention Week, 1986 National Outreach to the Rural Disabled Day, 1986 National Drug Abuse Education and Prevention Week and National Drug Abuse Education Day, 1986. Mental Illness Awareness Week, 1986 National Fire Fighters Day, 1986 General Pulaski Memorial Day, 1986 Columbus Day, 1986 American Liver Foundation National Liver Awareness Month, 1986. National Down Syndrome Month, 1986 National Spina Bifida Month, 1986 National Job Skills Week, 1986 National School Lunch Week, 1986 Leif Erikson Day, 1986 Polish American Heritage Month, 1986 National Children's Television Awareness Week, 1986 White Cane Safety Day, 1986 Thanksgiving Day, 1986 National Institutes of Health Centennial Year National Forest Products Week, 1986 Gaucher's Disease Awareness Week, 1986

PAGE

July 2, 1986 July 3, 1986 July 21, 1986 July 29, 1986 July 29, 1986 Aug. 1, 1986 Aug. 12, 1986 Aug. 22, 1986 Aug. 26, 1986 Aug. 27, 1986.... Aug. 28, 1986 Sept. 5, 1986 Sept. 10, 1986 Sept. 10, 1986 Sept. 10, 1986 Sept. 15, 1986 Sept. 17, 1986 Sept. 18, 1986 Sept. 20, 1986 Sept. 20, 1986 Sept. 20, 1986 Sept. 22, 1986 Sept. 22, 1986 Sept. 23, 1986 Sept. 23, 1986 Sept. 30, 1986 Oct. 4, 1986 Oct. 6, 1986

4474 4475 4476 4477 4478 4478 4479 4480 4481 4482 4483 4483 4484 4485 4486 4487 4488 4489 4490 4491 4492 4492 4493 4494 4494 4495 4496 4497

Oct. Oct. Oct. Oct. Oct.

8, 8, 8, 8, 8,

4498 4499 4500 4501 4502

Oct. Oct. Oct. Oct. Oct. Oct. Oct. Oct. Oct. Oct. Oct. Oct.

8, 1986 8, 1986 8, 1986 8, 1986 9, 1986 13, 1986 13, 1986 13, 1986 13, 1986 15, 1986 15, 1986 17, 1986

1986 1986 1986 1986 1986

4502 4503 4504 4505 4506 4506 4507 4508 4509 4510 4511 4512

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Page:United States Statutes at Large Volume 100 Part 5.djvu/37

 PUBLIC LAWS (CONTINUED)

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Page:United States Statutes at Large Volume 100 Part 5.djvu/39

 PUBLIC LAW 99-629—NOV. 7, 1986

100 STAT. 3513

Public Law 99-629 99th Congress Joint Resolution To designate the week beginning January 19, 1987, as "Shays' Rebellion Week" and Sunday, January 25, 1987, as "Shays' Rebellion Day".

Whereas January 25, 1987, marks the bicentennial of the final uprising in western Massachusetts of Daniel Shays and his men, during a period of unrest in the years following the Revolutionary War; Whereas the landowners of western Massachusetts felt they were unduly burdened because money was scarce, taxes were high, punishments for debts were severe, and the government was unresponsive; Whereas Shays led the dissatisfied landowners in a series of attacks to stop debt procedures in local courts; Whereas on January 25, 1787, a major confrontation occurred in Springfield when the militia wounded, killed, and caught several of Shays' rebels as they stormed the arsenal; Whereas the uprisings of Shays' Rebellion exposed the problems in the existing form of government to the people of America and prompted a meeting of delegates in Philadelphia to correct the weaknesses of the Articles of Confederation; and Whereas Shays' Rebellion was instrumental in bringing about the writing of the Constitution of the United States: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the week beginning January 19, 1987, is designated as "Shays' Rebellion Week" and Sunday, January 25, 1987, is designated as "Shays' Rebellion Day". The President is requested to issue a proclamation calling upon the people of the United States to observe such week and day with appropriate ceremonies and activities. Approved November 7, 1986.

LEGISLATIVE HISTORY—H.J. Res. 10: CONGRESSIONAL RECORD, Vol. 132 (1986): Oct. 10, considered and passed House. Oct. 18, considered and passed Senate.

Nov. 7, 1986 [H.J. Res. 10]

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Rh "She's always playing tricks," and he began to feel about the outside ledge of the bay window.

But there was nothing there to solve the mystery.

"A tick-tack!" declared Harry, "I'll bet, from the girls' room!" and without waiting for another word he jumped out of his window, ran along the roof to Nan's room, and then grabbed something.

"Here it is!" he called, confiscating the offending property. "You just wait, girls!" he shouted in the window. "If we don't give you a good ducking in the ocean for this to-morrow!"

The laugh of the three girls in Nan's room made the joke on the boys more complete, and as Uncle William went back to his room he declared to Mrs. Bobbsey and Aunt Emily that his girl, Dorothy, was more fun than a dozen boys, and he would match her against that number for the best piece of good-natured fun ever played.

"A bird!" sneered Bert, making fun of himself for being so easily fooled.

"A girls' game of tick-tack!" laughed


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Page:United States Statutes at Large Volume 100 Part 5.djvu/40

 100 STAT. 3514

PUBLIC LAW 99-630—NOV. 7, 1986

Public Law 99-630 99th Congress Joint Resolution Nov. 7, 1986 [H.J. Res. 67]

Calling for a wildlife sanctuary for humpback whales in the West Indies.

Resolved by the Senate and House of Representatives of the United International States of America in Congress assembled. That the President shall, tlTArTi^ in concert with the International Whaling Commission, seek a note, ^i-gaty or other appropriate international agreement establishing a wildlife sanctuary for humpback whales in the West Indies, in the area encompassing the Turks Islands, Mouchoir Passage, Silver Bank Passage, Navidad Bank, and such additional areas in the West Indies as may be necessary to ensure the protection of the breeding grounds of the humpback whales. Approved November 7, 1986.

LEGISLATIVE HISTORY—H.J. Res. 67: CONGRESSIONAL RECORD, Vol. 132 (1986): Sept. 23, considered and passed House. Oct. 16, considered and passed Senate.

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 PUBLIC LAW 99-631—NOV. 7, 1986 Public Law 99-681 99th Congress

-^

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100 STAT. 3515

.<..,.. /.

..

Joint Resolution To make corrections in the Comprehensive Anti-Apartheid Act of 1986.

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) the Comprehensive Anti-Apartheid Act of 1986 is amended as follows: (1) In the table of contents— (A) strike out the item relating to section 309 and insert in lieu thereof the following new item:

Nov. 7, 1986 [H.J. Res. 756]

South Africa, Ante, p. 1086.

"Sec. 309. Prohibition on importation of uranium, coal, and textiles from South Africa.";

(B) strike out the items relating to sections 317 and 318 and insert in lieu thereof the following new items: "Sec. 317. Prohibition on export of items on the United States Munitions List. "Sec. 318. Notification of certain proposed United States Munitions List exports.";

and (C) strike out the item relating to section 510 and insert in lieu thereof the following new item:

"Sec. 510. Prohibition on the importation of Soviet gold coins.".

y,

(2) In section 3— Ante, p. 1087. (A) in paragraph (6)(B), strike out "Administration" and insert in lieu thereof "administration"; (B) at the end of paragraph (7), strike out "and"; (C) redesignate paragraph (8) as paragraph (9); and ' (D) after paragraph (7), insert the following new paragraph: jL ' "(8) the term 'South African national' means— "(B) any partnership, corporation, or other business « association which is organized under the laws of South -' Africa; and". (3) In section 102— Ante, p. 1090. (A) in subsection (b), insert "and" at the end of paragraph (3); and (B) in subsection (c)— (i) strike out "subsection 101(a)" and insert in lieu thereof "section 101(a)"; and (ii) strike out "ANC" and insert in lieu thereof "African National Congress". (4) In section 103(b)— Ante, p. 1090. (A) in paragraph (1), insert a comma after "apartheid"; (B) in paragraph (4), strike out "to those whose nonviolent activities had" and insert in lieu thereof "(A) to those whose nonviolent activities have"; and (C) in paragraph (7), strike out "such groups so as to ,i, achieve the objectives of this Act" and insert in lieu thereof ''groups promoting terrorism". (5) In section 104(b)— Ante, p. 1091.
 * "(A) a citizen of South Africa; and

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Page:United States Statutes at Large Volume 100 Part 5.djvu/42

 100 STAT. 3516 Human rights.

Ante, p. 1091.

International agreements. Ante, p. 1092.

Ante, p. 1093. Ante, p. 1097.

Ante, p. 1097.

Ante, p. 1098. Ante, p. 1099.

Imports.

Ante, p. 1100. Ante, p. 1102.

PUBLIC LAW 99-631—NOV. 7, 1986

(A) in paragraph (5), strike out "that all countries of the region respect the human rights of their citizens and noncitizens residing in the country, and especially the release" and insert in lieu thereof "the respect by all countries of the region for the human rights of their citizens and noncitizens residing in their countries and, especially, the release by all such countries"; and (B) in paragraph (6), strike out "demanding that all countries of the region take effective action" and insert in lieu thereof "demanding, effective action by all countries of the region". (6) In section 105— (A) insert "(1)" after "states"; and (B) strike out "of means" and insert in lieu thereof "(2) any means". (7) Section 106(c) is amended to read as follows: "(c) The United States will work, through coordinated actions with the major Western allies and with the governments of the countries in the region, toward the achievement of an agreement to suspend violence and begin negotiations.". (8) In section 109, strike out "Senate" and insert in lieu thereof "Congress". (9) In section 207— (A) in subsection (a), insert "with respect to the employment of those persons" after "implemented"; and (B) in subsection (b), insert "with respect to the employment of those persons" after "Conduct". (10) In section 208— (A) in subsection (b)(3), strike out "make" and insert in lieu thereof "making"; and (B) in the second sentence of subsection (c), strike out "this section" each of the two places it appears and insert in lieu thereof "section 207". (11) In section 212, insert "are participated in by" after "as". (12) In section 303— (A) in subsection (b)— (i) strike out "corporation or partnership owned or controlled" and insert in lieu thereof "corporation, partnership, or entity owned, controlled,"; and (ii) strike out "corporation or partnership" the second place it appears and insert in lieu thereof "corporation, partnership, or entity"; and (B) at the end of the section, add the following new subsection: "(c) Nothing in this section prohibits the importation into the United States of any publication, including any book, newspaper, magazine, film, phonograph record, tape recording, photograph, microfilm, microfiche, poster, or any other similar material.". (13) In section 306(d), insert " 'air carrier'," after " 'aircraft',". (14) In section 309— (A) in the section heading relating thereto, strike out "URANIUM AND COAL" and insert in lieu thereof "URANIUM, COAL. AND TEXTILES";

(B) in subsection (a), strike out "is" and insert in lieu thereof "are"; (C) redesignate subsection (b) as subsection (c); and

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Page:United States Statutes at Large Volume 100 Part 5.djvu/43

 PUBLIC LAW 9 9 - 6 3 1 - N O V. 7, 1986

100 STAT. 3517

(D) insert after subsection (a) the following new subsection: "(b) For purposes of this section, the term 'textiles' does not include any article provided for in item 812.10 or 813.10 of the Tariff Schedules of the United States.". (15) In section 312(b), strike out "civilians or" and insert in lieu thereof "civilians and". (16) In section 313, strike out "the following convention and protocol". (17) In section 314— (A) strike out "agency" and insert in lieu thereof "agency,"; and (B) strike out "diplomatic and" and insert in lieu thereof "diplomatic or". (18) In section 317— (A) in the section heading relating thereto, strike out "SALE OR EXPORT OF ITEMS ON" and insert in lieu thereof

..

19 USC note prec. 1202. Ante, p. 1103. Ante, p. 1104. Ante, p. 1104.

Ante, p. 1104.

"EXPORT OF ITEMS ON THE UNITED STATES";

and (B) in subsection (a), strike out "Munition" and insert in lieu thereof "Munitions". (19) In section 318— (A) amend the section heading relating thereto to read as

Ante, p. 1105.

follows: "NOTIFICATION OF CERTAIN PROPOSED UNITED STATES MUNITIONS LIST EXPORTS'';

(B) in subsection (a) in the text above clause (i), strike out "shall:" and insert in lieu thereof "shall—"; (C) in subsection (a), redesignate paragraphs (i) and (ii) as paragraphs (1) and (2), respectively; (D) in subsection (a)(1), as redesignated by clause (C)— (i) insert "of' after "Africa"; and (ii) strike out "Munition" and insert in lieu thereof "Munitions"; and (E) amend subsection (b) to read as follows: "(b)(1) No item described in subsection (a) may be exported if the Exports. Congress, within 30 days of continuous session after a certification is made under subsection (a)(2), enacts, in accordance with section 602 Post, p. 3519. of this Act, a joint resolution disapproving such export. "(2) For purposes of paragraph (1), the term "continuous session" is used within the meaning of section 906(b) of title 5, United States Code." Ante, p. 1105. (20) In section 319— (A) in the text above paragraph (1), strike out "no:" and insert in lieu thereof "no—"; (B) in paragraph (1), strike out "commodity, product, byproduct of derivative thereof," and insert in lieu thereof "commodity or product or any byproduct or derivative thereof, or'; and (C) strike out paragraph (2) and insert in lieu thereof the Imports. following: "(2) article that is suitable for human consumption, that is a product of South Africa may be imported into the United States after the date of enactment of this Act.". (21) In section 320— Ante, p. 1105. (A) strike out "Notwithstandig" and insert in lieu thereof "Notwithstanding";

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text:
Page:United States Statutes at Large Volume 100 Part 5.djvu/44

 100 STAT. 3518

Imports. Contracts.

Petroleum and petroleum products. Exports. Ante, p. 1105.

Contracts.

Ante, p. 1105. Ante, p. 1106.

International agreements.

Ante, p. 1107. Ante, p. 1108.

Ante, p. 1109.

President of U.S. Reports.

Ante, p. 1109. Ante, p. 1111.

PUBLIC LAW 99-631—NOV. 7, 1986 (B) insert after "produced" a comma and the following: "or iron ore extracted,"; and (C) insert before the period at the end thereof a comma and the following: "except that any such commodity may be imported pursuant to a contract entered into before August 15, 1986, if no shipment of such commodity is imported by a national of the United States under such contract after December 31, 1986". (22) In section 321— (A) in subsection (a)— (i) strike out "or which is exported by a person subject to the jurisdiction of the United States; and (ii) insert after "South Africa" the following: ", and no crude oil or refined petroleum product may be exported to South Africa by a person subject to the jurisdiction of the United States"; and (B) in subsection (b), before the period at the end thereof insert a comma and the following: "if no shipment of such export is made under such contract after December 31, 1986". (23) In section 322, insert "for" after "except". (24) In section 401— (A) in the third sentence of subsection (a), insert "agreements" after "cooperative"; (B) in the first sentence of subsection (b)(D, strike out "arrangements with the other industrialized democracies " • and other trading partners of South Africa" and insert in ^ lieu thereof "agreements with the other industrialized i- Ti democracies"; (C) in subsection (c), strike out "sections 301 through 310" •' and insert in lieu thereof "title III"; and (D) in subsection (d)(3), insert ", in accordance with section 602 of this Act," after "enacted". (25) In section 402, strike out "against any national of the United States". (26) In section 501— (A) in subsection (c), strike out paragraph (1); (B) in subsection (c)(3), strike out "food, agricultural products, diamonds, and textiles" and insert in lieu thereof "diamonds"; and (C) in subsection (c), redesignate paragraphs (2) through (5) as paragraphs (1) through (4), respectively. (27) In section 502— (A) in subsection (a), strike out "material by" and insert in lieu thereof "material to"; and (B) in subsection 0)X2), strike out "(1) and every thirty days thereafter, the President shall prepare and transmit' and insert in lieu thereof "(1), and every thirty days thereafter, the President shall prepare and transmit to the (Congress a report containing'. (28) In section 505(a), insert a comma after "done" the second place it appears. (29) In section 510—, i, (A) strike out subsection 0)); (B) redesignate subsection (c) as subsection (b); and (C) in subsection (c), strike out "rubles" and insert in lieu thereof "gold coins".

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Page:Bobbsey Twins at the Seashore.djvu/180

168 Harry, making up his mind that if he did not "get back at Dorothy," he would certainly have to haul in his colors as captain of the Boys' Brigade of Meadow Brook; "for she certainly did fool me," he admitted, turning over to sleep at last.


text:
Page:United States Statutes at Large Volume 100 Part 5.djvu/45

 PUBLIC LAW 99-631—NOV. 7, 1986

100 STAT. 3519

(30) In section 512(a), strike out "Subsaharan" and insert in Ante, p. 1112 lieu thereof "subSaharan". Ante, p. 1112. (31) In section 602— (A) in subsection (a)(1), insert "318(b)," after "311(b),"; Ante, p. 1105. (B) in subsection (b)(1), insert "318(b)," after "311(b),"; (C) in subsection (b)(3), insert "the" after "with"; (D) in subsection (c), redesignate paragraphs (A), (B), and (C) as paragraphs (1), (3), and (4), respectively; and J (E) in subsection (c), insert after paragraph (1), as redesig,: nated by clause (D) of this paragraph, the following new "'": paragraph: "(2) in the case of section 318(b), a joint resolution which is President of U.S. introduced in a House of Congress within 3 legislative days after Congress. the Congress receives a certification of the President pursuant to section 318(b) and for which the matter after the resolving clause reads as follows: 'That the Congress, having received on a certification of the President under section 318(b)(2) of the Comprehensive Anti-Apartheid Act of 1986, approves the President's certification.', with the date of the r receipt of the certification inserted in the blank;". i> (b) The Foreign Assistance Act of 1961 is amended as follows: 22 USC 2151 (1) In section 105(b)(2)(C)(i), strike out "inservice" and insert note.s e 2151c. 22 u in lieu thereof "in-service". (2) In section 116(f)(2)(B), strike out "paragraph" and insert in 22 USC 2151n. lieu thereof "subsection". Ante, p. n i l. (3) In section 535(a)(1), insert "and" after "enterprise,", (c) The amendments made by subsections (a) and (b) shall be Effective date. deemed to have taken effect upon the enactment of the Comprehen- Ante, p. 1086. sive Anti-Apartheid Act of 1986. Approved November 7, 1986.

LEGISLATIVE HISTORY—H.J. Res. 756: CONGRESSIONAL RECORD, Vol. 132 (1986): Oct. 17, considered and passed House. Oct. 18, considered and passed Senate.

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Page:United States Statutes at Large Volume 100 Part 5.djvu/46

 100 STAT. 3520

PUBLIC LAW 99-632—NOV. 7, 1986

Public Law 99-632 99th Congress t^-:;• •„: Nov. 7, 1986 [S. 565]

^.

..v--.^^^... A n Act To provide for the transfer of certain lands in the State of Arizona, and for other purposes.

Be it enacted by the Senate and House of Representatives of the Real property. United States of America in Congress assembled, That notwithstanding any other provision of law, the Secretary of Agriculture is authorized and directed to convey, without consideration except for -' i administrative costs associated with the preparation of title and " legal description, to the Town of Payson, Arizona, a parcel of land comprising approximately 30.96 acres, known as North Rumsey Park, in the Town of Payson, County of Gila, Arizona. SEC. 2. Title to any real property acquired by the Town of Payson pursuant to this Act shall revert to the United States if the town attempts to convey or otherwise transfer ownership of any portion of such property to any other party or attempts to encumber such title, or if the town permits the use of any portion of such property for any purpose incompatible with the purposes specified in section 3 of ' this Act. SEC. 3. Real property conveyed to the Town of Payson pursuant to this Act be used for public open space, park and recreational purposes. ., SEC. 4. (a) Notwithstanding any other provision of law or regulation, the Secretary of the Interior, acting through the Bureau of Land Management, is authorized and directed to transfer title to certain land in Arizona in accordance with the terms of the Memorandum of Agreement Regarding the Disposal of Federal Lands at Lake Havasu City among the United States Department of the Interior, Bureau of Land Management, the Arizona State Land Department, the Arizona State Parks Board and Lake Havasu City, dated November 25, 1985. The transfer of title to land along the shoreline of Lake Havasu shall be to elevation 450 feet above sea level: Provided, That the United States shall reserve unto itself the right to maintain the shoreline and to flood up to elevation 455 feet above sea level. (b) The Secretary of the Interior is hereby authorized and directed to process an application by the County of Santa Cruz, Arizona, 43 USC 869 note, pursuant to the Recreation and Public Purposes Act for the following described lands: Provided, That the processing shall be in accordance with the Memorandum of Understanding among the United States Forest Service, the Bureau of Land Management and Santa Cruz County, dated September 17, 1986: Sy2NWy4 Section 5, and Lots 10 and 11, Section 6, T. 24 S., R. 14 E., G&SM. Executive Order No. 1398, dated August 15, 1911, which temporarily withdrew the above described land for use by the United States Forest Service for administrative purposes, is hereby revoked in its entirety, effective on the date of patent of the above described lands pursuant to the Recreation and Public Purposes Act to the County of Santa Cruz, Arizona.

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166 "Well, if that isn't a ghost it certainly is a ban-shee, as Dinah said," whispered Bert. "I'm going out to Uncle William's room and tell him. Maybe he will have better luck than we had," and so saying, Bert crept out into the hall and down two doors to his uncle's room.

Uncle William had also heard the sound.

"Don't make a particle of noise," cautioned the uncle, "and we can go up in the cupola and slide down a post so quietly the bird will not hear us," and as he said this, he, in his bath robe, went cautiously up the attic stairs, out of a small window, and slid down the post before Bert had time to draw his own breath.

But there was no bird to be seen anywhere!

"I heard it this very minute!" declared Harry, from the window.

"It might be bats!" suggested Uncle William. "But listen! I thought I heard the girls laughing," and at that moment an audible titter was making its way out of Nan's room!

"That's Dorothy's doings!" declared Uncle William, getting ready to laugh himself.


text:
Page:United States Statutes at Large Volume 100 Part 5.djvu/47

 PUBLIC LAW 99-632—NOV. 7, 1986

100 STAT. 3521

SEC. 5. Section 205 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1715(c)) is amended— (1) in the first sentence of subsection (c) by striking out "Lfmds and interests" and inserting in lieu thereof "Except as t provided in subsection (e), lands and interests"; and (2) by adding at the end thereof the following new subsection: "(e) Lands acquired by the Secretary pursuant to this section or section 206 in exchange for lands which were revested in the United 43 USC 1716. States pursuant to the provisions of the Act of June 9, 1916 (39 Stat. 218) or reconveyed to the United States pursuant to the provisions of the Act of February 26, 1919 (40 Stat. 1179), shall be considered for 16 USC 342. all purposes to have the same status as, and shall be administered in accordance with the same provisions of law applicable to, the revested or reconveyed lands exchanged for the lands acquired by the Secretary.". SEC. 6. Notwithstanding any other provision of law, the Secretary of the Interior, if he determines it necessary and appropriate for the purpose of consummating an exchange of lands or interests therein under applicable law, is hereby authorized and directed to revoke the withdrawal under the First Form by Order of the Secretary of the Interior dated December 14, 1904, and as interpreted by Order of Interpretation of the Secretary of the Interior dated May 19, 1964, insofar as said withdrawal applies to Section 31 (Lots 1,2,3, WV^E%, E%NWy4, SEy4SEy4) T. 6 N., R. 7 E., Gila and Salt River Meridian, Arizona. SBC. 7. Notwithstanding any provision of law or order based Idaho. thereon, the Secretary of the Interior, at the request of the Secretary of Agriculture, is authorized to take such actions (including but not limited to the revocation of withdrawals and the issuance of patents) as may be necessary to facilitate and consummate a land exchange in Idaho known as the Mesa Falls Exchange, as described in a Land Exchange Notice by the Department of Agriculture published in the Post-Roister newspaper published in Idaho Falls, Idaho on November 12, 1985 (p. B-5), if the Secretary of Agriculture decides to proceed with such exchange. Approved November 7, 1986.

LEGISLATIVE HISTORY—S. 565: HOUSE REPORTS: No, 99-900 (Comm. on Interior and Insular Affairs). SENATE REPORTS: No. 99-339 (Comm. on Energy and Natural Resources). CONGRESSIONAL RECORD, Vol. 132 (1986): Aug. 9, considered and passed Senate. Sept. 30, considered and passed House, amended. Oct. 9, Senate concurred in House amendment with an amendment. Oct. 10, House concurred in Senate amendment.

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Page:United States Statutes at Large Volume 100 Part 5.djvu/48

 .100 STAT. 3522

PUBLIC LAW 99-633—NOV. 7, 1986

Public Law 99-633 99th Congress

r.,. An Act -

Nov. 7, 1986 [S. 2245]

- -^-J " •

To authorize appropriations to carry out the Export Administration Act of 1979 and export promotion activities.

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

Section 18(b) of the Export Administration Act of 1979 (50 U.S.C. App. 2417(b)) is amended to read as follows: "(b) AUTHORIZATION.—There are authorized to be appropriated to the Department of Commerce to carry out the purposes of this Act— "(1) $35,935,000 for each of the fiscal years 1987 and 1988, of which $12,746,000 shall be available for each such year only for enforcement, $2,000,000 shall be available for each such year only for foreign availability assessments under subsections (f) and (h)(6) of section 5, and $21,189,000 shall be available for each such year for all other activities under this Act; and "(2) such additional amounts for each of the fiscal years 1987 and 1988 as may be necessary for increases in salary, pay, retirement, other employee benefits authorized by law, and other nondiscretionary costs.".

50 USC 2404. Wages. Retirement. ft.

SEC. 2. EXPORT PROMOTION.

Section 202 of the Export Administration Amendments Act of 1985 (15 U.S.C. 4052) is amended by striking "$113,273,000 for each of the fiscal years 1985 and 1986" and inserting "$123,922,000 for each of the fiscal years 1987 and 1988". Approved November 7, 1986.

LEGISLATIVE HISTORY—S. 2245: SENATE REPORTS: No. 99-271 (Comm. on Banking, Housing, and Urban Affairs). CONGRESSIONAL RECORD, Vol. 132 (1986): July 21, considered and passed Senate. Oct. 14, considered and passed House, amended. Oct. 18, Senate concurred in House amendment with an amendment; House concurred in Senate amendment.

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Page:United States Statutes at Large Volume 100 Part 5.djvu/49

 PUBLIC LAW 99-634—NOV. 7, 1986

100 STAT. 3523

Public Law 99-634 99th Congress An Act To strengthen the prohibition of kickbacks relating to subcontracts under Federal Government contracts.

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 "Anti-Kickback Enforcement Act of 1986". SEC. 2. (a) The Act entitled "An Act to eliminate the practice by subcontractors, under cost-plus-a-fixed-fee or cost reimbursable contracts of the United States, of paying fees or kickbacks, or of granting gifts or gratuities to employees of a cost-plus-fixed-fee or cost reimbursable prime contractors or of higher tier subcontractors for the purpose of securing the award of subcontracts or orders", approved March 8, 1946 (41 U.S.C. 51-54), is amended to read as follows:

Nov. 7, 1986 [S. 2250] Anti-Kickback Enforcement Act of 1986. 41 USC 51 note.

" S H O R TITLE

"SECTION

1. This Act may be cited as the 'Anti-Kickback Act of

1986'. "DEFINITIONS

"SEC. 2. As used in this Act: "(1) The term 'contracting agency', when used with respect to a prime contractor, means any department, agency, or establishment of the United States which enters into a prime contract with a prime contractor. "(2) The term 'kickback' means any money, fee, commission, credit, gift, gratuity, thing of value, or compensation of any kind which is provided, directly or indirectly, to any prime contractor, prime contractor employee, subcontractor, or subcontractor employee for the purpose of improperly obtaining or rewarding favorable treatment in connection with a prime contract or in connection with a subcontract relating to a prime contract. "(3) The term 'person' means a corporation, partnership, business association of any kind, trust, joint-stock company, or individual. "(4) The term 'prime contract* means a contract or contractual action entercMi into by the United States for the purpose of obtaining supplies, materials, equipment, or services of any kind. "(5) The term 'prime contractor' means a person who has entered into a prime contract with the United States. "(6) The term 'prime contractor employee' means any officer, partner, employee, or agent of a prime contractor. "(7) The term 'subcontract' means a contract or contractual action entered into by a prime contractor or subcontractor for the purpose of obtaining supplies, materials, equipment, or services of any kind under a prime contract. "(8) The term 'subcontractor'—

Anti-Kickback Act of 1986. 41 USC 51. 41 USC 52.

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Page:United States Statutes at Large Volume 100 Part 5.djvu/50

 100 STAT. 3524

PUBLIC LAW 99-634—NOV. 7, 1986 "(A) means any person, other than the prime contractor, who offers to furnish or furnishes any supplies, materi^s, equipment, or services of any kind under a prime contract or a subcontract entered into in connection with such prime contract; and "(B) includes any person who offers to furnish or furnishes general supplies to the prime contractor or a higher tier subcontractor. "(9) The term 'subcontractor employee' means any officer, partner, employee, or agent of a subcontractor. "PROHIBITED CONDUCT

41 USC 53.

7'

"SEC. 3. It is prohibited for any person— "(1) to provide, attempt to provide, or offer to provide any kickback; "(2) to solicit, accept, or attempt to accept any kickback; or "(3) to include, directly or indirectly, the amount of any kickback prohibited by clause (1) or (2) in the contract price charged by a subcontractor to a prime contractor or a higher tier subcontractor or in the contract price charged by a prime contractor to the United States. "CRIMINAL PENALTIES

41 USC 54.

"SEC. 4. Any person who knowingly and willfully engages in conduct prohibited by section 3 shall be imprisoned for not more than 10 years or shall be subject to a fine in accordance with title 18, United States Code, or both. "CIVIL ACTIONS

41 USC 55.

"SEC. 5. (a)(1) The United States may, in a civil action, recover a civil penalty from any person who knowingly engages in conduct prohibited by section 3. The amount of such civil penalty shall be— "(A) twice the amount of each kickback involved in the violation; and "(B) not more than $10,000 for each occurrence of prohibited conduct. "(2) The United States may, in a civil action, recover a civil penalty from any person whose employee, subcontractor or subcontractor employee violates section 3 by providing, accepting, or charging a kickback. The amount of such civil penalty shall be the amount of that kickback. "(b) A civil action under this section shall be barred unless the action is commenced within 6 years after the later of (1) the date on which the prohibited conduct establishing the cause of action occurred, and (2) the date on which the United States first knew or should reasonably have Imown that the prohibited conduct had occurred. "ADMINISTRATIVE OFFSETS

41 USC 56.

"SEC. 6. (a) A contracting officer of a contracting agency may offset the amount of a kickback provided, accepted, or charged in violation of section 3 against any moneys owed by the United States to the prime contractor under the prime contract to which such kickback relates.

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Page:United States Statutes at Large Volume 100 Part 5.djvu/51

 PUBLIC LAW 99-634—NOV. 7, 1986

100 STAT. 3525

"(bKl) Upon direction of a contracting officer of a contracting agency with respect to a prime contract, the prime contractor shall withhold from any sums owed to a subcontractor under a subcontract of the prime contract the amount of any kickback which was or may be offset against that prime contractor under subsection (a). "(2) Such contracting officer may order that sums withheld under paragraph (1)— "(A) be paid over to the contracting agency; or "(B) if the United States has already offset the amount of such sums against that prime contractor, be retained by the prime contractor. "(3) The prime contractor shall notify the contracting officer when an amount is withheld and retained under paragraph (2)(B). '(c) An offset under subsection (a) or a direction or order of a Claims. contracting officer under subsection (b) is a claim by the Government for the purposes of the Contract Disputes Act of 1978. 41 USC 60i note. "(d) As used in this section, the term 'contracting officer' has the meaning given that term for the purposes of the Contract Disputes Act of 1978. "CONTRACTOR RESPONSIBIUTIES

"SEC. 7. (a) Each contracting agency shall include in each prime 41 USC 57. contract awarded by such agency a requirement that the prime contractor shall have in place and follow reasonable procedures designed to prevent and detect violations of section 3 in its own operations and direct business relationships. "(b) Each contracting agency shall include in each prime contract awarded by such agency a requirement that the prime contractor shall cooperate fully with any Federal Government agency investigating a violation of section 3. "(c)(l)(A) Whenever a prime contractor or subcontractor has Reports. reasonable grounds to believe that a violation of section 3 may have occurred, the prime contractor or subcontractor shall promptly report the possible violation in writing. (B) A contractor shall make the reports required by subpara- Reports. graph (A) to the inspector general of the contracting Eigency, the head of the contracting agency if the agency does not have an inspector general, or the Department of Justice. '(2) In the case of an administrative or contractual action to suspend or debar any person who is eligible to enter into contracts with the Federal Government, evidence that such person has supplied information to the United States pursuant to paragraph (1) shall be favorable evidence of such person's responsibility for the purposes of Federal procurement laws and regulations. INSPECTION AUTHORITY

"SEC. 8. For the purpose of ascertaining whether there has been a violation of section 3 with respect to any prime contract, the General Accounting Office and the inspector general of the contracting agency, or a representative of such contracting agency designated by the head of such agency if the agency does not have an inspector general, shall have access to and may inspect the facilities and audit the books and records, including any electronic data or records, of any prime contractor or subcontractor under a prime contract awarded by such agency.".

41 USC 58.

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Page:United States Statutes at Large Volume 100 Part 5.djvu/52

 100 STAT. 3526

PUBLIC LAW 99-634—NOV. 7, 1986

(b) The title of such Act is amended to read as follows: "An Act to prohibit kickbacks relating to subcontracts under Federal Government contracts.". Effective date. SEC. 3. (a) Except as provided in subsection Ob), the Anti-Kickback 41 USC 51 note. Act of 1986 (as set out in section 2(a)) shall take effect with respect to conduct described in section 3 of such Act which occurs on or after the date of the enactment of this Act. (b) Subsections (a) and (b) of section 7 of the Anti-Kickback Act of 1986 (as set out in section 2(a)) shall take effect with respect to contract solicitations issued by an agency, department, or other establishment of the Federal Government on or after the date which is 90 days after the date of the enactment of this Act. Approved November 7, 1986.

''>i

LEGISLATIVE HISTORY—S. 2250 (H.R. 4783): HOUSE REPORTS: No. 99-964, Pt. 1 accompanying H.R. 4783 (Comm. on Government Operations). SENATE REPORTS: No. 99-435 (Comm. on Governmental Affairs). t CONGRESSIONAL RECORD, Vol. 132 (1986): Sept. 12, considered and passed Senate. Oct. 7, H.R. 4783 considered and passed House; proceedings vacated and S. 2250, amended, passed in lieu. Oct. 15, Senate concurred in House amendments. ' By^i:

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Page:United States Statutes at Large Volume 100 Part 5.djvu/53

 PUBLIC LAW 99-635—NOV. 7, 1986

100 STAT. 3527

Public Law 99-635 99th Congress An Act To revise the boundaries of Olympic National Park and Olympic National Forest in the State of Washington, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. SECTION 1. (a) The boundary of Olympic National Park, Washington, is hereby revised to include within the park— (1) all submerged lands and waters of Lake Ozette, Wsishington, and the Ozette River, Washington; (2) all surveyed and unsurveyed islands lying off the coast of the State of Washington in the Pacific Ocean between latitudes 48 degrees 23 minutes north and 47 degrees 38 minutes north; (3) those lands between mean high tide and the lowest low tide beginning in section 22, township 24 north, range 13 west Willamette meridian, at the common boundary between the Olympic National Park and the Quinault Indian Reservation, to section 18, township 32 north, range 15 west Willamette meridian, at the common boundary between the Olympic National Park and the Makah Indian Reservation, except those lands directly adjacent to and west of the Hoh, Ozette, and Quillayute Indian Reservations: Provided, That such lands as are identified in this paragraph shall continue to be open to fishing and to the taking of shellfish in conformity with the laws and regulations of the State of Washington; and (4) approximately nine thousand six hundred and thirty-eight acres, and to exclude from the park approximately three thousand three hundred and fifty-two acres, as generally depicted on the maps entitled "Boundary Modifications, Olympic National Forest and Olympic National Park", numbered 149/60,030A, sheets 1 through 9, and dated September 1986, which shall be on file and available for public inspection in the office of the National Park Service, United States Department of the Interior. (b) The boundary of Olympic National Forest, Washington, is hereby revised to include in the national forest approximately three thousand three hundred and fifty-two acres and to exclude from the national forest approximately nine thousand three hundred and twenty-four acres, as generally depicted on the maps entitled "Boundary Modifications, Olympic National Forest and Olympic National Park", numbered 149/60,030A, sheets 1 through 10, and dated September 1986, which shall be on file and available for public inspection in the office of the Forest Service, United States Department of Agriculture. (c) Section 3 of the Washington State Wilderness Act of 1984 (Public Law 98-339, Act of July 3, 1984, 98 Stat. 301) is amended— (1) by striking subsection (2) and inserting in lieu thereof the following new subsection:

Nov. 7, 1986 [S. 2351] National Forest System. National parks, monuments, etc. National Wilderness Preservation System. 16 USC 251n. Indians. Fish and fishing.

Public information.

Public information. 16 USC 251n note.

98 Stat. 299.

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text: The Bobbsey Twins at the Seashore/Chapter 16


text:
Page:United States Statutes at Large Volume 100 Part 5.djvu/54

 100 STAT. 3528

Public lands. Water. 16 USC 251n note.

98 Stat. 299. Gifts and property. Real property. Water. 16 USC 251n note.

PUBLIC LAW 99-635—NOV. 7, 1986

"(2) certain lands in the Olympic National Forest, Washington, which comprise approximately forty-four thousand four hundred and seventy-four acres, as generally depicted on a map entitled 'Buckhorn Wilderness—Revised', numbered 98-3393(2), sheets 1 and 2, and dated September 1986, and which shall be known as the Buckhorn Wilderness;"; (2) by striking subsection (13) and inserting in lieu thereof the following new subsection: "(13) certain lands in the Olympic National Forest, Washington, which comprise approximately thirteen thousand and fifteen acres, as generally depicted on a map entitled 'Mount Skokomish Wilderness—Revised', numbered 98-339-3(13) and dated September 1986, and which shall be known as the 'Mount Skokomish Wilderness—Revised', dated September 1986, and which shall be known as the Mount Skokomish Wilderness;"; and (3) by striking subsection (19) and inserting in lieu thereof the following new subsection: "(19) certain lands in the Ol5anpic National Forest, Washington, which comprise approximately sixteen thousand six hundred and eighty-two acres, as generally depicted on a map entitled 'The Brothers Wilderness—Revised', numbered 98-3393(19) and dated September 1986, and which shall be known as 'The Brothers Wilderness;'.". SEC. 2. (a) Federal lands, waters, and interests therein formerly within the boundary of Olympic National Forest which are included within the boundary of Olympic National Park pursuant to section 1 of this Act are, subject to valid existing rights, hereby transferred to the administrative jurisdiction of the Secretary of the Interior for administration as part of the park, and shall be subject to all the laws and regulations applicable to the park: Provided further. That within section 15, township 15 north, range 9 west Willamette meridian, and within an area extending not more than one mile north of such section, nothing herein shall be construed to limit or otherwise modify the authority of the Secretary of Agriculture to design and construct a forest logging road east of the park boundary: Provided, however, That the Secretary of Agriculture shall not construct the road as close as practically possible to the park boundary but not more than five hundred feet east of the divide. Following construction, the Secretary of the Interior is hereby authorized and directed to redescribe and relocate the boundary of the park along the eastern clearing limits of the road. (b) Federal lands, waters, and interests therein formerly within the boundary of Olympic National Park which are excluded therefrom pursuant to section 1 of this Act are, subject to valid existing rights, hereby transferred to the administrative jurisdiction of the Secretary of Agriculture for administration as part of Olympic National Forest, and shall be subject to all the laws and regulations applicable to the National Forest System: Provided, That any lands deleted from the park and included within the Buckhorn Wilderness, Mount Skokomish Wilderness, or The Brothers Wilderness pursuant to this Act shall be managed in accordance with the provisions of the Washington State Wilderness Act of 1984 (Public Law 98-339, Act of July 3, 1984, 98 Stat. 301). SEC. 3. (a) The Secretary of the Interior is authorized to acquire by donation, purchase with donated or appropriated funds, exchange, bequest or otherwise any non-Federal lands, waters, and interests

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Page:United States Statutes at Large Volume 100 Part 5.djvu/55

 •'.li^S'ass.

PUBLIC LAW 99-635—NOV. 7, 1986

100 STAT. 3529

therein included within the boundary of Olympic National Park pursuant to section 1 of this Act: Provided: That any lands, waters, or interests therein owned by the State of Washington or any political subdivision thereof may be acquired only by donation or exchange. (b) For the purpose of section 7 of the Land and Water Conservation Fund Act of 1965 (78 Stat. 903, as amended; 16 U.S.C. 460Z-9), the boundary of the Olympic National Forest, as modified pursuant to section 1 of this Act, shall be treated as if it was the boundary of that national forest on January 1, 1965. SEC. 4. There are hereby authorized to be appropriated such sums Appropriation as may be necessary to carry out the purposes of this Act, except authorization. that the total amounts authorized to be appropriated for the purpose Tter'^"^^^^^^ of acquisition of lands, waters, and interests therein pursuant to this le use 25in Act shall not exceed $1,000,000. note. Approved November 7, 1986.

LEGISLATIVE HISTORY—S. 2351: SENATE REPORTS: No. 99-510 (Comm. on Energy and Natural Resources). CONGRESSIONAL RECORD, Vol. 132 (1986): Oct. 10, considered and passed Senate. Oct. 15, considered and passed House.

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Page:United States Statutes at Large Volume 100 Part 5.djvu/56

 100 STAT. 3530

PUBLIC LAW 99-636—NOV. 7, 1986

Public Law 99-636 99th Congress Nov. 7, 1986 [S. 2452] Public buildings and grounds. South Carolina.

An Act

To provide for the naming or renaming of certain buildings of the United States Postal Service.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SOLOMON BLATT, SR, POST OFFICE BUILDING.

The United States Post Office to be constructed on Main Street in Barnwell, South Carolina, shall be known and designated as the "Solomon Blatt, Sr., Post Office Building". Any reference in any law, regulation, document, record, map, or other paper of the United States to such building shall be deemed to be a reference to the Solomon Blatt, Sr., Post Office Building. SEC. 2. FREDERICK N. WEATHERS STATION OF THE UNITED STATES POSTAL SERVICE.

Missouri.

New York.

The building located at 3415 North Kings Highway, St. Louis, Missouri, known as the Charles Nagel Station of the United States Postal Service, shall hereafter be known and designated as the "Frederick N. Weathers Station of the United States Postal Service". Any reference in any law, map, regulation, document, record, or other paper of the United States to such building shall be deemed to be a reference to the Frederick N. Weathers Station of the United States Postal Service. SEC. 3. BENJAMIN S. ROSENTHAL POST OFFICE BUILDING. (a) IN GENERAL.—The United states Post Office Building located at 41-65 Main Street, Flushing, New York, shall hereafter be known and designated as the "Benjamin S. Rosenthal Post Office Building". Any reference in any law, map, regulation, document, record, or other paper of the United States to such building shall be deemed to be a reference to the Benjamin S. Rosenthal Post Office Building, (b) INSTALLATION OF A PLAQUE.—As soon as practicable after the date of the enactment of this Act, the Postmaster General shall install in such post office, in a place in open view to the public, an appropriate plaque indicating the designation of such post office as the "Benjamin S. Rosenthal Post Office Building". SEC. 4 LESLIE NELSON SHAW, SR, GENERAL MAIL FACILITY OF THE UNITED STATES POSTAL SERVICE.

California.

The United States Post Office Building to be constructed on the property on the northwest corner of the intersection of Florence Avenue and Central Avenue in Los Angeles, California, shall be known and designated as the "Leslie Nelson Shaw, Sr., General Mail Facility of the United States Postal Service". Any reference in any law, map, regulation, document, record, or other paper of the United States to such building shall be deemed to be a reference to the Leslie Nelson Shaw, Sr., General Mail Facility of the United States Postal Service.

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text:
Page:United States Statutes at Large Volume 100 Part 5.djvu/57

 ^J^:ifi^^'

PUBLIC LAW 99-636—NOV. 7, 1986

100 STAT. 3531

SEC. 5. DEBRA SUE SCHATZ POST OFFICE BUILDING.

The United States Post Office Building located at 2909 Rogerdale, Texas. Houston, Texas, shall hereafter be known and designated as the "Debra Sue Schatz Post Office Building". Any reference in any law, map, regulation, document, record, or other paper of the United States to such building shall be deemed to be a reference to the:>• Debra Sue Schatz Post Office Building. SEC. 6. EDWIN B. FORSYTHE POST OFFICE BUILDING.

The United States Post Office Building at East Second Street and New Jersey. Chester Avenue in Moorestown, New Jersey, shall hereafter be known and designated as the "Edwin B. Forsj^he Post Office Building". Any reference in any law, regulation, map, document, record, or other paper of the United States to such building shall be deemed to be a reference to the Edwin B. Forsythe Post Office Building. SEC. 7. JUANITA CRAFT POST OFFICE OF SOUTH DALLAS.

The United States Post Office Building located at 2120 South Ervay, Dallas, Texas, shall hereafter be known and designated as the "Juanita Craft Post Office of South Dallas". Any reference in any law, map, regulation, document, record, or other paper of the United States to such building shall be deemed to be a reference to the Juanita Craft Post Office of South Dallas. SEC. 8. GILLIS W. LONG POST OFFICE BUILDING.

The United States Post Office Building being constructed at 1300 Louisiana. Belle Terre Boulevard in La Place, Louisiana, shall be known and designated as the "Gillis W. Long Post Office Building". Any reference in any law, map, regulation, document, record, or other paper of the United States to such building shall be deemed to be a reference to the Gillis W. Long Post Office Building. Approved November 7, 1986.

LEGISLATIVE HISTORY—S. 2452: CONGRESSIONAL RECORD, Vol. 132 (1986): Sept. 29, considered and passed Senate. Oct. 15, considered and passed House, amended. Oct. 18, Senate concurred in House amendments.

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Page:United States Statutes at Large Volume 100 Part 5.djvu/58

 100 STAT. 3532

PUBLIC LAW 99-637—NOV. 7, 1986

Public Law 99-687 99th Congress An Act Nov. 7, 1986 [S. 2534] Gifts and property. Public information.

16 USC 460Z-22.

Contracts. Public buildings and grounds.

To authorize the acquisition and development of a mainland tour boat facility for the Fort Sumter National Monument, South Carolina, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, in order to provide for needed facilities for visitors to Fort Sumter National Monument, including a tour boat dock and associated facilities, and an interpretive and museum facility in cooperation with the State of South Carolina and the city of Charleston, the Secretary of the Interior (in this Act referred to as the "Secretary"), is authorized to acquire by purchase with donated or appropriated funds, donation, or exchange, not to exceed 8.91 acres of lands, including submerged lands, and interests in lands, within the area generally depicted on the map entitled "Dockside II, Proposed Site, Tourboat Facility," which map shall be on file and available for public inspection in the office of the National Park Service. When acquired, lands, including submerged lands and interests in lands, depicted on such map shall be administered by the Secretary as a part of Fort Sumter National Monument, subject to the laws and regulations applicable to such monument, and subject to the provisions of this Act. SEC. 2. (a) With respect to the lands, including submerged lands, and interests in lands acquired pursuant to the first section of this Act, the Secretary is authorized— (1) to convey, notwithstanding the provisions of section 5 of Public Law 90-400 (82 Stat. 356) and subject to the provisions of subsection (b), a leasehold interest in not to exceed one and a half acres to the State of South Carolina or the city of Charleston or either of them for development by either of them or their agents or lessees of a marine museum and associated administrative facilities; (2) to grant covenants or easements for ingress, and egress to the State of South Carolina, the city of Charleston, and to other parties as the Secretary may deem necessary to facilitate public use; and (3) to enter into cooperative agreements with the State of South Carolina, the city of Charleston, and other parties as the Secretary may deem necessary, pursuant to which construction, maintenance, and use of buildings, utilities, parking facilities, and other improvements may be shared among the parties to the agreement. (b) Any conveyance made pursuant to subsection (a)(l) and any renewal thereof may be for a period of up to 50 years, and may include the option to purchase the property in fee by the lessee within the first 10 years, upon payment by the lessee of the cost of the property to the United States plus interest based on the average yield of United States Treasury notes with maturities of one year. The Secretary may convey title to the property in fee in the event such option to purchase is exercised, subject to the condition that

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text:
Page:United States Statutes at Large Volume 100 Part 5.djvu/59

 PUBLIC LAW 99-637—NOV. 7, 1986

100 STAT. 3533

the property is used for a public marine museum and associated administrative facilities. Notwithstanding any other provision of law, any leasehold interest conveyed pursuant to subsection (a)(D shall be conveyed without monetary consideration. The proceeds from any conveyance of property in fee pursuant to subsection (a)(D shall be deposited in the Land and Water Conservation Fund in the Treasury of the United States. SEC. 3. Section 117 of Public Law 96-199 (94 Stat. 71) is hereby repealed. SEC. 4. (a) Notwithstanding any other provision of law, sums heretofore appropriated but not, on the date of enactment of this Act, obligated for construction of a tourboat facility at the Broad Street site, and for the acquisition and construction of the Fleet landing site for Fort Sumter National Monument, which was authorized by section 117 of Public Law 96-199 (94 Stat. 71) are hereby made available for obligation for the acquisition of the lands including submerged lands, and interests in lands identified in the first section of this Act and for construction of necessary facilities thereon, and to the extent that sums heretofore appropriated for land acquisition of the Fleet landing site are not sufficient to cover the cost of acquisition of the properties identified in the first section of this Act, sums heretofore appropriated for construction of facilities at the Broad Street site and the Fleet landing site may be obligated for the purposes of acquisition as authorized in the first section of this Act. (b) In addition to the sums made available under subsection (a), there is authorized to be appropriated such sums as may be necessary to carry out the purposes of this Act. SEC. 5. The Secretary of the Interior shall transfer administrative jurisdiction over the Federal property, consisting of approximately 1 acre, known as the Broad Street site, to the Secretary of the Department in which the Coast Guard is operating, who shall transfer to the Secretary of the Interior, subject to such reservations, terms, and conditions as may be necessary for Coast Guard purposes, administrative jurisdiction over the Federal property, consisting of approximately 1 acre located near Fort Moultrie on Sullivan's Island for purposes of maintenance workshop, storage, and seasonal housing in connection with the administration and protection of the Fort Sumter National Monument. SEC. 6. (a) Not later than 45 days after the date of enactment of this Act, the Secretary of the Interior shall receive, consider, and act on the application of Mr. and Mrs. J. W. Wells of Wajniesboro, Mississippi, for a patent for the land described in subsection (c) of this section under the Act entitled "An Act to authorize the Secretary of the Interior to issue patents for lands held under color of title" approved December 22, 1928 (43 U.S.C. 1068 et seq.), notwithstanding the requirement of that Act that a tract of public land be held in good faith and in peaceful, adverse, possession by a claimant, his ancestors or grantors, under claim or color of title for the period commencing not later than January 1, 1901, to the date of application during which time they have paid taxes levied on the land by State and local governmental units.

Appropriation authorization. Uniformed services.

Patents and trademarks. Public lands. Claims. Taxes.

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Page:United States Statutes at Large Volume 100 Part 5.djvu/60

 100 STAT. 3534 Minerals and mining.

PUBLIC LAW 99-637—NOV. 7, 1986

(b) Any patent issued pursuant to subsection (a) shall be without any mineral reservation to the United States, and all mineral interests of the United States in and to the land described in subsection (c) shall be transferred to Mr. and Mrs. J. W. Wells without consideration. (c) The land referred to in this section, comprising approximately 160 acres, is the NWy4 of Section 21, T. 10 N., R. 8 W., St. Stephens Meridian. Approved November 7, 1986.

<-.

"-i*

••ji:

LEGISLATIVE HISTORY—S. 2534: SENATE REPORTS: No. 99-476 (Comm. on Energy and Natural Resources). CONGRESSIONAL RECORD, Vol. 132 (1986): Oct. 10, considered and passed Senate. Oct. 15, considered and passed House, amended. Oct. 17, Senate concurred in House amendment.

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Page:United States Statutes at Large Volume 100 Part 5.djvu/61

 PUBLIC LAW 99-638—NOV. 10, 1986

Public Law 99-638 99th Congress

100 STAT. 3535

An Act

To amend title 5, United States Code, to credit time spent in the Cadet Nurse Corps during World War II as creditable service for civil service retirement; and to provide civil service retirement credit for certain employees and former employees of nonappropriated fund instrumentalities under the jurisdiction of the Armed -Forces.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That (a) service described in subsection (b) shall be considered creditable civilian service for purposes of subchapter III of chapter 83, or chapter 84, of title 5, United States Code, as applicable, in the case of any individual who meets the requirements of subsection (c). (b) This section relates to any period of training as a student or graduate nurse under a plan approved under section 2 of the Act of June 15, 1943 (57 Stat. 153), if the total period of training under such plan was at least 2 years. (c)(1) An individual may not receive credit for service pursuant to this Act unless— (A) within 14 months after the date of the enactment of this Act, and in accordance with regulations under subsection (d), f the individual files appropriate written application with the Office of Personnel Management; (B) at the time of filing the application under subparagraph i to subchapter III of chapter 83 of title 5, United States Code f (other than section 8344 of such title), or chapter 84 of such title (other than section 8468 of such title); (C) before the date of the separation on which is based the individual's entitlement to an annuity under subchapter III of chapter 83 of title 5, United States Code, or chapter 84 of such title, as applicable, such individual deposits into the Civil Service Retirement and Disability Fund the amount required under paragraph (2) with respect to the period of training involved. (2) The amount to be deposited shall be determined by the Office of Personnel Management in a manner consistent with applicable provisions of subchapter III of chapter 83 of title 5, United States Code, chapter 84 of such title or title III of the Federal Employees' Retirement System Act of 1986, as the case may be, relating to deposits for earlier periods of civilian service for which deductions from basic pay have not been made. (d) The Office of Personnel Management shall, not later than 2 months after the date of the enactment of this Act, prescribe regulations to carry out this Act. SEC. 2. RETIREMENT CREDIT FOR CERTAIN FORMER EMPLOYEES OF NONAPPROPRIATED FUND INSTRUMENTALITIES.
 * •- (A), the individual is employed by the Government and subject

(a)

SHORT

TITLE.—This

section

may

be

cited

as

the

"Nonappropriated Fund Instrumentalities Employees' Retirement Credit Act of 1986".

Nov. 10, 1986 [H.R. 2663]

5 USC 8332 note.

5 USC 831, 8431 et seq.

Ante, p. 599.

Regulations.

Nonappropriated Fund Instrumentalities Employees' Retirement Credit Act of 1986. 5 USC 8331 note.

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Page:United States Statutes at Large Volume 100 Part 5.djvu/62

 100 STAT. 3536

5 USC 8331.

'

5 USC 8332 note.

PUBLIC LAW 99-638—NOV. 10, 1986

(b) IN GENERAL.—(1) Section 2105(c)(1) of title 5, United States Code, is amended by inserting "of this title, subchapter III of chapter 83 of this title to the extent provided in section 8332(b)(16) of this title," after "chapter 53". (2) Subchapter (b) of section 8332 of such title is amended— (A) by striking out "and" at the end of paragraph (14); I (B) by striking out the period at the end of paragraph (15) and " inserting in lieu thereof "; and"; (C) by inserting after paragraph (15) the following new paragraph: "(16) service performed by any individual as an employee described in section 2105(c) of this title after June 18, 1952, and before January 1, 1966, if (A) such service involved conducting an arts and crafts, drama, music, library, service club, youth activities, sports, or recreation program (including any outdoor recreation program) for personnel of the armed forces, and (B) such individual is an employee subject to this subchapter on the day before the date of the enactment of the Nonappropriated Fund Instrumentalities Employees' Retirement Credit Act of 1986."; and (D) by adding at the end thereof the following: "The Office of Personnel Management shall accept, for the purposes of this subchapter, the certification of the head of a nonappropriated • fund instrumentality of the United States concerning service of the type described in paragrpah (16) of this subsection which was performed for such appropriated fund instrumentality.". (c) EFFECTIVE DATE.—Notwithstanding any other provision of this Act which specifies an effective date for amendments made by this Act, the amendments made by this section shall take effect on the date of the enactment of this Act. Approved November 10, 1986.

LEGISLATIVE HISTORY—H.R. 2663: CONGRESSIONAL RECORD, Vol. 132 (1986): Oct. 6, considered and passed House. Oct. 18, considered and passed Senate, amended; House concurred in Senate amendments.

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Page:United States Statutes at Large Volume 100 Part 5.djvu/63

 PUBLIC LAW 99-639—NOV. 10, 1986

100 STAT. 3537

Public Law 99-639 99th Congress An Act .To amend the Immigration and Nationality Act to deter immigration-related marriage fraud and other immigration fraud.

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 "Immigration Marriage Fraud Amendments of 1986".

Nov. 10, 1986 [H.R. 3737] Immigration Marriage Fraud Amendments of 1986. 8 USC 1101 note.

SEC. 2. DETERRING IMMIGRATION-RELATED MARRIAGE FRAUD. (a) CONDITIONAL BASIS FOR PERMANENT RESIDENT STATUS BASED ON RECENT MARRIAGE.—Chapter 2 of title II of the Immigration and

NationaUty Act is amended by adding at the end the following new section: CONDITIONAL PERMANENT RESIDENT STATUS FOR CERTAIN AUEN SPOUSES AND SONS AND DAUGHTERS " S E C 216. (a) IN GENERAL.— "(1) CONDITIONAL BASIS FOR STATUS.—Notwithstanding any

other provision of this Act, an alien spouse (as defined in subsection (g)(D) and an alien son or daughter (as defined in subsection (g)(2)) shall be considered, at the time of obtaining the status of an alien lawfully admitted for permanent residence, to have obtained such status on a conditional basis subject to the provisions of this section. "(2) NOTICE OF REQUIREMENTS.— "(A) A T TIME OF OBTAINING PERMANENT RESIDENCE.—At

the time an alien spouse or alien son or daughter obtains permanent resident status on a conditional basis under paragraph (1), the Attorney General shall provide for notice to such a spouse, son, or daughter respecting the provisions of this section and the requirements of subsection (c)(1) to have the conditional basis of such status removed. "(B) A T TIME OF REQUIRED PETITION.—In addition, the

Attorney General shall attempt to provide notice to such a spouse, son, or daughter, a t or about the beginning of the 90-day period described in subsection (d)(2)(A), of the requirements of subsections (c)(D"(C) EFFECT OF FAILURE TO PROVIDE NOTICE.—The failure

of the Attorney General to provide a notice under this paragraph shall not affect the enforcement of the provisions of this section with respect to such a spouse, son, or daughter. "(b) TERMINATION OF STATUS I F FINDING THAT QUALIFYING MARRIAGE IMPROPER.—

"(1) IN GENERAL.—In the case of an alien with permanent resident status on a conditional basis under subsection (a), if the

8 USC 1186a.

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Page:United States Statutes at Large Volume 100 Part 5.djvu/64

 100 STAT. 3538

PUBLIC LAW 99-639—NOV. 10, 1986

Attorney General determines, before the second anniversary of the alien's obtaining the status of lawful admission for permanent residence, that— "(A) the qualifying marriage— "(i) was entered into for the purpose of procuring an ' ' • alien's entry as an immigrant, or ' "(ii) has been judicially annulled or terminated, other than through the death of a spouse; or ' • "(B) a fee or other consideration was given (other than a " ' ^* • " ^ fee or other consideration to an attorney for assistance in preparation of a lawful petition) for the filing of a petition 8 USC 1154; pos<, under section 204(a) or 214(d) with respect to the alien; p- 3542. the Attorney General shall so notify the parties involved and, subject to paragraph (2), shall terminate the permanent resident status of the alien (or aliens) involved as of the date of the determination. "(2) HEARING IN DEPORTATION PROCEEDING.—Any alien whose permanent resident status is terminated under paragraph (1) may request a review of such determination in a proceeding to deport the alien. In such proceeding, the burden of proof shall be on the Attorney General to establish, by a preponderance of the evidence, that a condition described in paragraph (1) is met. ^5., f

"(c) REQUIREMENTS OF TIMELY PETITION AND INTERVIEW FOR REMOVAL OF CONDITION.—

"(1) IN GENERAL.—In order for the conditional basis established under subsection (a) for an alien spouse or an alien son or daughter to be removed— ,,^, "(A) the alien spouse and the petitioning spouse (if not deceased) jointly must submit to the Attorney General, ,, during the period described in subsection (d)(2), a petition which requests the removal of such conditional basis and which states, under penalty of perjury, the facts and ,^ information described in subsection (d)(D, and "(B) in accordance with subsection (d)(3), the alien spouse and the petitioning spouse (if not deceased) must appear for a personal interview before an officer or employee of the Service respecting the facts and information described in subsection (d)(D"(2) TERMINATION OF PERMANENT RESIDENT STATUS FOR FAILURE TO FILE PETITION OR HAVE PERSONAL INTERVIEW.—

"(A) IN GENERAL.—In the case of an alien with permanent resident status on a conditional basis under subsection (a), if— "(i) no petition is filed with respect to the alien in accordance with the provisions of paragraph (I)(A), or "(ii) unless there is good cause shown, the alien spouse and petitioning spouse fail to appear at the ., interview described in paragraph (I)(B), the Attorney General shall terminate the permanent resi^ ^ •• dent status of the alien as of the second anniversary of the alien's lawful admission for permanent residence. "(B)

HEARING IN

DEPORTATION PROCEEDING.—In

any

deportation proceeding with respect to an alien whose permanent resident status is terminated under subparagraph (A), the burden of proof shall be on the alien to establish compliance with the conditions of paragraphs (I)(A) and (I)(B).

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Page:United States Statutes at Large Volume 100 Part 5.djvu/65

 PUBLIC LAW 99-639—NOV. 10, 1986 Hfj-B

100 STAT. 3539

"(3) DETERMINATION AFTER PETITION AND INTERVIEW.— "(A) IN GENERAL.—If—

"(i) a petition is filed in accordance with the provisions of paragraph (1)(A), and "(ii) the alien spouse and petitioning spouse appear at the interview described in paragraph (1)(B), the Attorney General shall make a determination, within 90-days of the date of the interview, as to whether the facts and information described in subsection (d)(1) and alleged in the petition are true with respect to the qualifying marriage. "(B) REMOVAL OF CONDITIONAL BASIS IF FAVORABLE DETER-

j .;„

MINATION.—If the Attorney General determines that such facts and information are true, the Attorney General shall so notify the parties involved and shall remove the conditional basis of the parties effective as of the second anniversary of the alien's obtaining the status of lawful admission for permanent residence. "(C)

TERMINATION IF ADVERSE DETERMINATION.—If

the

Attorney General determines that such facts and information are not true, the Attorney General shall so notify the parties involved and, subject to subparagraph (D), shall terminate the permanent resident status of an alien spouse or an alien son or daughter as of the date of the determination. "(D) HEARING IN DEPORTATION PROCEEDING.—Any alien ( = whose permanent resident status is terminated under subparagraph (C) may request a review of such determination in a proceeding to deport the alien. In such proceeding, the burden of proof shall be on the Attorney General to i. establish, by a preponderance of the evidence, that the facts and information described in subsection (d)(1) and alleged in the petition are not true with respect to the qualifying marriage. V "(4) HARDSHIP WAIVER.—The Attorney General, in the Attorney General's discretion, may remove the conditional basis of the permanent resident status for an alien who fails to meet the requirements of paragraph (1) if the alien demonstrates that— "(A) extreme hardship would result if such alien is deported, or "(B) the qualifying marriage was entered into in good faith by the alien spouse, but the qualifying marriage has been terminated (other than through the death of the spouse) by the alien spouse for good cause and the gilien was ^ not at fault in failing to meet the requirements of paragraph (1). In determining extreme hardship, the Attorney General shall consider circumstances occurring only during the period that the alien was admitted for permanent residence on a conditional basis. "(d) DETAILS OF PETITION AND INTERVIEW.— "(1) CONTENTS OF PETITION.—Each petition

under subsection (c)(l)(A) shall contain the following facts and information: "(A) STATEMENT OF PROPER MARRIAGE AND PETITIONING

PROCESS.—The facts are that— "(i) the qualifying marriage—

.Hi;

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Page:Bobbsey Twins at the Seashore.djvu/181

", Aunt Sarah," pleaded Nan, the next morning, "you might just as well wait and go home on the excursion train. All Meadow Brook will be down, and it will be so much pleasanter for you. The train will be here by noon and leave at three o'clock."

"But think of the hour that would bring us to Meadow Brook!" objected Aunt Sarah.

"Well, you will have lots of company, and if Uncle Daniel shouldn't meet you, you can ride up with the Hopkinses or anybody along your road."

Mrs. Bobbsey and Aunt Emily added their entreaties to Nan's, and Aunt Sarah finally agreed to wait.

"If I keep on," she said, "I'll be here all summer. And think of the fruit that's waiting to be preserved!" Rh


text:
Page:United States Statutes at Large Volume 100 Part 5.djvu/66

 100 STAT. 3540

PUBLIC LAW 99-639—NOV. 10, 1986

8 USC ii54;/)osf, P- 3542.

"(I) was entered into in accordance with the laws of the place where the marriage took place, "(II) has not been judicially annulled or terminated, other than through the death of a spouse, and "(III) was not entered into for the purpose of procuring an alien's entry as an immigrant; and "(ii) no fee or other consideration was given (other than a fee or other consideration to an attorney for assistance in preparation of a lawful petition) for the filing of a petition under section 204(a) or 214(d) with respect to the alien spouse or alien son or daughter. "(B)

STATEMENT

OF

ADDITIONAL

INFORMATION.—The

information is a statement of— "(i) the actual residence of each party to the qualifying marriage since the date the alien spouse obtained permanent resident status on a conditional basis under subsection (a), and "(ii) the place of emplo5maent (if any) of each such party since such date, and the name of the employer of such party. "(2) PERIOD FOR FIUNG PETITION.— "(A) 90-DAY PERIOD BEFORE SECOND ANNIVERSARY.—Except

as provided in subparagraph (B), the petition under subsection (c)(l)(A) must be filed during the 90-day period before the second anniversary of the alien's obtaining the status of lawful admission for permanent residence. "(B) DATE PETITIONS FOR GOOD CAUSE.—Such a petition may be considered if filed after such date, but only if the alien establishes to the satisfaction of the Attorney General good cause and extenuating circumstances for failure to file the petition during the period described in subparagraph (A). "(C) F I U N G OF PETITIONS DURING DEPORTATION.—In

the

case of an alien who is the subject of deportation hearings as a result of failure to file a petition on a timely basis in accordance with subparagraph (A), the Attorney General may stay such deportation proceedings against an alien pending the filing of the petition under subparagraph (B). "(3) PERSONAL INTERVIEW.—The interview under subsection (c)(l)(B) shall be conducted within 90 days after the date of submitting a petition under subsection (c)(l)(A) and at a local office of the Service, designated by the Attorney General, which is convenient to the parties involved. The Attorney General, in the Attorney General's discretion, may waive the deadline for such an interview or the requirement for such an interview in such cases as may be appropriate. "(e) TREATMENT OF PERIOD FOR PURPOSES OF NATURALIZATION.—

8 USC 1401.

For purposes of title III, in the case of an alien who is in the United States as a lawful permanent resident on a conditional basis under this section, the alien shall be considered to have been admitted as an alien lawfully admitted for permanent residence and to be in the United States as an alien lawfully admitted to the United States for permanent residence. "(f) TREATMENT OF CERTAIN WAIVERS.—In the case of an alien who has permanent residence status on a conditional basis under this section, if, in order to obtain such status, the alien obtained a waiver

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Page:United States Statutes at Large Volume 100 Part 5.djvu/67

 PUBLIC LAW 99-639—NOV. 10, 1986

100 STAT. 3541

under subsection (h) or (i) of section 212 of certain grounds of 8 USC 1182. exclusion, such waiver terminates upon the termination of such permanent residence status under this section. "(g) DEFINITIONS.—In this section: "(1) The term 'alien spouse' means an alien who obtains the status of an alien lawfully admitted for permanent residence (whether on a conditional basis or otherwise)— "(A) as an immediate relative (described in section 201(b)) 8 USC 1151. as the spouse of a citizen of the United States, "(B) under section 214(d) as the fiancee or fiance of a Post, p. 3542. citizen of the United States, or "(C) under section 203(a)(2) as the spouse of an alien 8 USC 1153. lawfully admitted for permanent residence, by virtue of a marriage which was entered into less than 24 months before the date the alien obtains such status by virtue of such marriage, but does not include such an alien who only obtains such status as a result of section 203(a)(8). "(2) The term 'alien son or daughter' means an alien who obtains the status of an alien lawfully admitted for permanent residence (whether on a conditional basis or otherwise) by virtue of being the son or daughter of an individual through a qualifying marriage. "(3) The term 'qualifying marriage' means the marriage described to in paragraph (1). "(4) The term 'petitioning spouse' means the spouse of a qualifying marriage, other than the alien.". 0)) ADDITIONAL GROUND FOR DEPORTATION.—Section 241 (8 U.S.C.

1251) is amended— (1) in subsection (a)(9)— (A) by inserting "(A)" after "(9)", and (B) by inserting before the semicolon the following: ", (B) or is an alien with permanent resident status on a conditional basis under section 216 and has such status terminated under such section"; and (2) by adding at the end the following new subsection: "(g) The provisions of subsection (a)(9)(B) shall not apply in the cases described in section 216(c)(4).". Ante, p. 3537. (c) CLASSIFICATION PETITIONS.—Section 204(a) of such Act (8 U.S.C. 1154(a)) is amended— (1) by inserting "(1)" after "(a)", and (2) by adding at the end the following new paragraph: "(2)(A) The Attorney General may not approve a spousal second preference petition filed by an alien who, by virtue of a prior marriage, has been accorded the status of an alien lawfully admitted for permanent residence as the spouse of a citizen of the United States or as the spouse of an alien lawfully admitted for permanent residence, unless— "(i) a period of 5 years has elapsed after the date the alien acquired the status of an alien lawfully admitted for permanent residence, or "(ii) the alien establishes to the satisfaction of the Attorney General by clear and convincing evidence that the prior marriage (on the basis of which the alien obtained the status of an alien lawfully admitted for permanent residence) Was not entered into for the purpose of evading any provision of the immigration laws.

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text:
Page:United States Statutes at Large Volume 100 Part 5.djvu/68

 100 STAT. 3542 8 USC 1153.

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Ante, p. 3537.

PUBLIC LAW 99-639—NOV. 10, 1986

In this subparagraph, the term 'spousal second preference petition' refers to a petition, seeking preference status under section 203(a)(2), for an alien as a spouse of an alien lawfully admitted for permanent residence. "(B) Subparagraph (A) shall not apply to a petition filed by an alien whose prior marriage was terminated by the death of his or her spouse.". (d) CRIMINAL PENALTY FOR MARRIAGE FRAUD.—Section 275 of such Act (8 U.S.C. 1325) is amended— (1) by inserting "(a)" after "275.", and (2) by adding at the end the following new subsection: "(t,) Any individual who knowingly enters into a marriage for the purpose of evading any provision of the immigration laws shall be imprisoned for not more than 5 years, or fined not more than $250,000, or both.". (e) LIMITATION ON ADJUSTMENT OF STATUS.—Section 245 of such Act (8 U.S.C. 1255) is amended by adding at the end the following new subsection: "(d) The Attorney General may not adjust, under subsection (a), the status of an alien lawfully admitted to the United States for permanent residence on a conditional basis under section 216.". (f) CONFORMING AMENDMENT.—The table of contents of such Act is amended by inserting after the item relating to section 215 the following new item: "Sec. 216. Conditional permanent resident status for certain alien spouses and sons and daughters.". SEC. 3. PREVENTING MARRIAGE NONIMMIGRANTS.

FRAUD

WITH

RESPECT

TO

"K"

(a) REQUIRING PREVIOUS MEETING TO OBTAIN " K " NONIMMIGRANT

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VISA.—The third sentence of section 214(d) of the Immigration and Nationality Act (8 U.S.C. 1184(d)) is amended— (1) by striking "have a bona fide intention to marry" and inserting "have previously met in person within 2 years before the date of filing the petition, have a bona fide intention to marry,", and (2) by inserting before the period at the end the following: ", except that the Attorney General in his discretion may waive the requirement that the parties have previously met in person. (b) RESTRICTING SEPARATE ADJUSTMENT TO PERMANENT RESIDENT STATUS OF " K " NONIMMIGRANTS.—Section 245(d) of such Act (8

8 USC 1101.

U.S.C. 1255(d)), as added by section 2(d) of this Act, is amended by inserting before the period at the end the following: "or of a nonimmigrant described in section 101(a)(15XK)". (c) REQUIRING F I U N G OF ADJUSTMENT OF STATUS PETITION.—Sec-

tion 214(d) of such Act (8 U.S.C. 1184(d)) is amended by striking the last sentence. 8 USC 1184 note. (d) EFFECTIVE DATES.—(1) The amendments made by subsection (a) shall apply to petitions approved on or after the date of the enactment of this Act. 8 USC 1255 note. (2) The amendment made by subsection (b) shall apply to adjustments occurring on or after the date of the enactment of this Act. 8 USC 1184 note. (3) The amendment made by subsection (c) shall apply to aliens issued visas under section 101(a)(15XK) of the Immigration and 8 USC 1101. Nationality Act on or after the date of the enactment of this Act.

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