text:
Page:United States Statutes at Large Volume 100 Part 1.djvu/108

 100 STAT. 72

PUBLIC LAW 99-266—MAR. 27, 1986 Public Law 99-266 99th Congress An Act

Mar. 27, 1986 [H.R. 4399]

To designate the Federal building located in Jamaica, Queens, New York, as the "Joseph P. Addabbo Federal Building".

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

The Federal building located at Jamaica Avenue and Parsons Boulevard in Jamaica, Queens, in the State of New York, shall hereafter be known and designated as the "Joseph P. Addabbo Federal Building". SEC. 2. LEGAL REFERENCES TO BUILDING.

Any reference in any law, regulation, document, record, map, or other paper of the United States to the building referred to in section 1 is deemed to be a reference to the "Joseph P. Addabbo Federal Building". Approved March 27, 1986.

LEGISLATIVE HISTORY—H.R. 4399: CONGRESSIONAL RECORD, Vol. 132 (1986): Mar. 19, considered and passed House and Senate.

�


text:
Page:United States Statutes at Large Volume 100 Part 1.djvu/109

 PUBLIC LAW 99-267—MAR. 27, 1986

100 STAT. 73

Public Law 99- 267 99th Congress Joint Resolution To provide for the temporary extension of certain programs relating to housing and community development, and for other purposes.

Mar. 27, 1986 [H.J. Res. 563]

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. EXTENSION OF FEDERAL HOUSING ADMINISTRATION MORTGAGE INSURANCE PROGRAMS.

(a) TITLE I INSURANCE.—Section 2(a) of the National Housing Act is amended by striking out "March 17, 1986" in the first sentence and inserting in lieu thereof "April 30, 1986". (b) GENERAL INSURANCE.—Section 217 of the National Housing Act is amended by striking out "March 17, 1986" and inserting in lieu thereof "April 30, 1986".

99 Stat. 1730. 12 USC 1703.

99 Stat. 1730. 12 USC 1715h.

(c) Low AND MODERATE INCOME HOUSING INSURANCE.—Section

221(f) of the National Housing Act is amended by striking out 99 Stat. 1730. "March 17, 1986" in the fifth sentence and inserting in lieu thereof 12 USC 1715Z. "April 30, 1986". (d) SECTION 235 HOMEOWNERSHIP.— (1) ASSISTANCE PAYMENTS AUTHORITY.—Section 235(h)(1) of the

National Housing Act is amended by striking out "March 17, 99 Stat. 1730. 1986" in the last sentence and inserting in lieu thereof 12 USC 1715z. "April 30, 1986". (2) INSURANCE AUTHORITY.—Section 235(m) of the National Housing Act is amended by striking out "March 17, 1986" and inserting in lieu thereof "April 30, 1986". (3) HOUSING STIMULUS AUTHORITY.—Section 235(q)(l) of the

National Housing Act is amended by striking out "March 17, 1986" in the last sentence and inserting in lieu thereof "April 30, 1986". (e) CO-INSURANCE.— (1) GENERAL AUTHORITY.—Section 244(d) of the National Hous-

ing Act is amended by striking out "March 17, 1986" and 99 Stat. 1730. 12 USC 1715Z-9. inserting in lieu thereof "April 30, 1986". (2) RENTAL REHABILITATION AND DEVELOPMENT PROJECTS.—Sec-

tion 244(h) of the National Housing Act is amended by striking out "March 17, 1986" in the last sentence and inserting in lieu thereof "April 30, 1986". if) GRADUATED PAYMENT AND INDEXED MORTGAGE INSURANCE.—

Section 245(a) of the National Housing Act is amended by striking 99 Stat. 1730. out "March 17, 1986" in the last sentence and inserting in lieu 12 USC 1715Z-10. thereof "April 30, 1986". (g) REINSURANCE CONTRACTS.—Section 249(a) of the

National

Housing Act is amended by striking out "March 17, 1986" in the 99 Stat. 1730. second sentence and inserting in lieu thereof "April 30, 1986". 12USei715z-14. (h) LIMITATION ON INSURANCE COMMITMENTS.—Section 531 of the 12 USC 1735f-9.

National Housing Act is amended to read as follows:

�

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


text:
Page:United States Statutes at Large Volume 100 Part 1.djvu/110

 100 STAT. 74

PUBLIC LAW 99-267—MAR. 27, 1986 LIMITATION ON COMMITMENTS TO INSURE LOANS AND MORTGAGES

Effective date.

"SEC. 531. The authority of the Secretary to enter into commitments to insure loans and mortgages under this Act shall be effective for fiscal year 1986 only to such extent or in such amounts as are or have been provided in appropriation Acts for such fiscal year.". (i) ARMED SERVICES HOUSING INSURANCE.— (1) CIVILIAN EMPLOYEES OF ARMED FORCES.—Section 809(f) of

99 Stat. 1730. 12 USC 1748h-l.

99 Stat. 1731. 12 USC 1748h-2.

the National Housing Act is amended by striking out "March 17, 1986" in the last sentence and inserting in lieu thereof "April 30, 1986". (2) DEFENSE HOUSING FOR IMPACTED AREAS.—Section 810(k) of the National Housing Act is amended by striking out "March 17, 1986" in the last sentence and inserting in lieu thereof "April 30, 1986". 0") LAND DEVELOPMENT INSURANCE.—Section 1002(a) of the Na-

tional Housing Act is amended by striking out "March 17, 1986" in the last sentence and inserting in lieu thereof "April 30, 1986". (k) GROUP PRACTICE FACILITIES INSURANCE.—Section 1101(a) of the 99 Stat. 1731. National Housing Act is amended by striking out "March 17, 1986" 12 USC 1749aaa. in the last sentence and inserting in lieu thereof "April 30, 1986". 99 Stat. 1731. 12 USC 1749bb.

SEC. 2. EXTENSION OF REHABILITATION LOAN AUTHORITY. 99 Stat. 1731. 42 USC 1452b.

Section 312(h) of the Housing Act of 1964 is amended by striking out "March 17, 1986" and inserting in lieu thereof "April 30, 1986. SEC. 3. EXTENSION OF RURAL HOUSING AUTHORITIES.

99 Stat. 1731. 42 USC 1485.

(a) RENTAL HOUSING LOAN AUTHORITY.—Section 5150t>)(4) of the Housing Act of 1949 is amended by striking out "March 17, 1986" and inserting in lieu thereof "April 30, 1986". O> RURAL AREA CLASSIFICATION.—Section 520 of the Housing Act t)

99 Stat. 1731. 42 USC 1490.

of 1949 is amended by striking out "March 17, 1986" in the last sentence and inserting in lieu thereof "April 30, 1986". (c) MUTUAL AND SELF-HELP HOUSING GRANT AND LOAN AUTHOR-

99 Stat. 1731. 42 USC 1490c.

ITY.—Section 523(f) of the Housing Act of 1949 is amended by striking out "March 17, 1986" and inserting in lieu thereof "April 30, 1986". SEC. 4. EXTENSION OF FLOOD AND CRIME INSURANCE PROGRAMS. (a) FLOOD INSURANCE.— (1) GENERAL AUTHORITY.—Section 1319 of the National Flood

Insurance Act of 1968 is amended by striking out "March 17, 99 Stat. 1731. 1986" and inserting in lieu thereof "April 30, 1986". 12 USC 4026. (2) EMERGENCY IMPLEMENTATION.—Section 1336(a) of the National Flood Insurance Act of 1968 is amended by striking out 99 Stat. 1731. 12 USC 4056. "March 17, 1986" and inserting in lieu thereof "April 30, 1986". (3) ESTABLISHMENT OF FLOOD-RISK ZONES.—Section 1360(a)(2) of 99 Stat. 1731. the National Flood Insurance Act of 1968 is amended by strik12 USC 4101. ing out "March 17, 1986" and inserting in lieu thereof "April 30, 1986". (b) CRIME INSURANCE.—Section 1201(b)(l) of the National Housing 99 Stat. 1731. Act is amended by striking out "March 17, 1986" in the matter 12 USC 1749bbb. preceding subparagraph (A) and inserting in lieu thereof "April 30, 1986". SEC. 5. MISCELLANEOUS EXTENSIONS. (a) COMMUNITY DEVELOPMENT BLOCK GRANT CLASSIFICATIONS.—

�


text:
Page:United States Statutes at Large Volume 100 Part 1.djvu/111

 PUBLIC LAW 99-267—MAR. 27, 1986 (1) METROPOLITAN CITY.—Section 102(a)(4) of the Housing and Community Development Act of 1974 is amended by striking out "March 17, 1986" in the second sentence and inserting in lieu thereof "April 30, 1986". (2) URBAN COUNTY.—Section 102(a)(6) of the Housing and Community Development Act of 1974 is amended by striking out "March 17, 1986" in the second sentence and inserting in lieu thereof "April 30, 1986".

100 STAT. 75 99 Stat. 1731. ^2 USC 5302. 99 Stat. 1732. ^2 USC 5302.

(b) SECTION 202 INTEREST RATE LIMITATION.—Section 223(a)(2) of

the Housing and Urban-Rural Recovery Act of 1983 is amended by striking out "March 17, 1986" and inserting in lieu thereof "April 30, 1986". (c) HOME MORTGAGE DISCLOSURE ACT OF 1975.—Section 312 of the Home Mortgage Disclosure Act of 1975 is amended by striking out "March 17, 1986" and inserting in lieu thereof "April 30, 1986". Approved March 27, 1986.

LEGISLATIVE HISTORY—H.J. Res. 563: CONGRESSIONAL RECORD, Vol. 132 (1986): Mar. 12, considered and passed House. Mar. 19, considered and passed Senate.

99 Stat. 1732. 12 USC I70lq ''°^99 Stat. 1732. 12 USC 2811.

�


text:
Page:United States Statutes at Large Volume 100 Part 1.djvu/112

 100 STAT. 76

PUBLIC LAW 99-268—MAR. 27, 1986 Public Law 99-268 99th Congress Joint Resolution

Mar. 27, 1986 [S.J. Res. 226]

To designate the week of April 6, 1986, through April 12, 1986, as "World Health Week", and to designate April 7, 1986, as "World Health Day".

Whereas the health of a nation depends upon the health of its people; Whereas improvement of the health of the people of our Nation contributes to world health, and world health contributes to the health of our Nation—a principle enunciated in the Constitution of the World Health Organization and accepted by the United States; Whereas the United States is an active member of the World Health Organization and has both benefited from and contributed to the achievements of the Organization; Whereas the countries of the world, acting through the World Health Organization, are committed to the goal of "Health for All by the Year 2000"; Whereas primary health care is recognized as a key to the attainment of "Health for All by the Year 2000"; Whereas health education and health awareness, prevention, and treatment of common diseases and illnesses, basic sanitation, and adequate nutrition are essential elements of primary health care; Whereas the World Health Organization has established April 7 of each year as World Health Day to call attention to what individuals and governments can do to further the health of human beings ever3rwhere, and the American Association of World Health has sponsored and assisted in this endeavor; and Whereas it has been the custom for the President to call attention to World Health Day each year in the form of a public message: Now, therefore, be it

�


text:
Page:United States Statutes at Large Volume 100 Part 1.djvu/113

 PUBLIC LAW 99-268—MAR. 27, 1986

100 STAT. 77

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled. That the week of April 6, 1986, through April 12, 1986, is designated as "World Health Week" and April 7, 1986, is designated as "World Health Day" and the President is authorized and requested to issue a proclamation calling upon the people of the United States to observe such week with appropriate programs, ceremonies, and activities. Approved March 27, 1986.

LEGISLATIVE HISTORY—S.J. Res. 226: CONGRESSIONAL RECORD, Vol. 132 (1986): Feb. 4, considered and passed Senate. Mar. 20, considered and passed House.

�


text:
Page:U.S. Department of the Interior Annual Report 1880.djvu/11

Rh belonging to various bauds of the Sioux, Cheyennes, Arapahoes, Kiowas, Comanches, Pawnees, Menomonees, Iowas, Sac and Fox, Lipans, Poncas, Nez Percés, Wichitas, Apaches, and Pueblos. About two-thirds of them are children of chiefs and prominent men. A school committee of chiefs and headmen from nine Sioux Agencies on the Missouri River visited Carlisle and Hampton last summer. Likewise delegations from the Lake Superior Chippewas, the Crows, the Shoshones and Bannacks of Idaho, and the Cheyennes and Arapahoes of the Indian Territory. They were all highly delighted with the care taken of the children and the progress they had made in the arts of the white man, and promised their active support and co-operation.

The favor which these schools find with the influential men of the different Indian tribes is of great importance as to the effect to be produced upon the advancement of the Indians generally. Formerly it was thought that Indian children so educated would speedily relapse into the savage habits of their people as soon as they returned to them. This was true as long as all the home influences to be found among the Indian tribes were hostile to the education of any of their members, and those who had received such an education found themselves therefore isolated and despised. This obstructive spirit has now been superseded by a very general and anxious desire of Indian chiefs and influential men to see their children raised in the scale of civilization, and the same influences which formerly were so effective in driving educated Indians back into the savage habits of the multitude surrounding them are now employed in turning the education received by a comparatively few to the advantage of the many. The circumstances surrounding the educated Indian when now returning to his tribe are therefore radically changed. In the old time the educated Indian would have found his people thinking of nothing but their savage pursuits and pleasures, incapable of appreciating his superior knowledge and accomplishments, rather inclined to deride them as useless. Now he will find multitudes of parents anxious to have their children educated like him, and, if possible, to employ him for that purpose. An Indian wagon or harness maker returning to a wild Indian tribe years ago would have found no wagons or harness upon which to practice his skill; but sent back there now, when wagons and harness are in general and profitable use, that skill will be in active and general requisition. And so it is in many other things. I therefore feel warranted in saying that the results gained by this system of education will no longer be apt to pass away as before, but, if properly pursued, will be lasting and generally beneficial. It is, under such circumstances, scarcely necessary to characterize the charge recently made, that Indian children were taken to Hampton and Carlisle by force, against the will of their parents, as utterly groundless. On the contrary, the number of applications on the part of Indian parents to have their children admitted to these schools has been far in excess of our means to accommodate them.


text:
Page:United States Statutes at Large Volume 100 Part 1.djvu/114

 100 STAT. 78

PUBLIC LAW 99-269—APR. 1, 1986

Public Law 99-269 99th Congress An Act Apr. 1, 1986 [H.R. 2453]

Older Americans Act Amendments of 1986. 42 USC 3001 note.

To amend the Older Americans Act of 1965 to increase the amounts authorized to be appropriated for fiscal years 1985, 1986, and 1987 for commodity distribution, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Older Americans Act Amendments of 1986". COMMODITY DISTRIBUTION LEVEL OF ASSISTANCE PER MEAL

SEC. 2. Section 311(a)(4) of the Older Americans Act of 1965 (42 U.S.C. 3030a(a)(4)) is amended— (1) by striking out "15 cents" and all that follows through "30 cents per meal for", and inserting in lieu thereof "56.76 cents per meal during fiscal year 1986 and during", and (2) by striking out "June 30, 1975" and inserting in lieu thereof "September 30, 1986". AUTHORIZATION OF APPROPRIATIONS

42 USC 3030a note.

SEC. 3. (a) There is authorized to be appropriated $127,800,000 for fiscal year 1985, in order to provide reimbursement at the level of 56.76 cents per meal during fiscal year 1985, determined under section 311(a)(4) of the Older Americans Act of 1965 (42 U.S.C. 3030a(a)(4)), for meals served under section 311 of such Act in such fiscal year. For purposes of subsections (a) and (b) of section 311 of such Act, the sum authorized to be appropriated by this subsection shall be deemed to have been authorized to be appropriated for fiscal year 1985 by section 311(c)(1) of such Act. For purposes of section 311(c)(1)(B) of such Act, the date of the enactment of this Act shall be deemed to be the last day of each quarter of fiscal year 1985 for which reimbursement is claimed. (b) Subparagraph (A) of section 311(c)(l) of the Older Americans Act of 1965 (42 U.S.C. 3030a(c)(l)(A)) is amended to read as follows: "(A)(i) There are authorized to be appropriated $144,000,000 for fiscal year 1986 and $144,000,000 for fiscal year 1987 to carry out this section (other than subsection (a)(1)). "(ii) The provisions of the second and third sentences of subsection (a)(4) shall not apply for fiscal years 1986 and 1987.". INFORMATION REGARDING FEDERAL FOOD PROCESSING PROGRAMS

State and local governments.

SEC. 4. Section 311 of the Older Americans Act of 1965 (42 U.S.C. 3030a) is amended by adding at the end thereof the following new subsection: "(d) In each fiscal year, the Secretary of Agriculture and the Secretary of Health and Human Services shall jointly disseminate to State agencies, area agencies on aging, and providers of nutrition services assisted under this title, information concerning—

�


text:
Page:United States Statutes at Large Volume 100 Part 1.djvu/115

 PUBLIC LAW 99-269—APR. 1, 1986

100 STAT. 79

"(1) the existence of any Federal commodity processing program in which such State agencies, area agencies, and providers may be eligible to participate; and "(2) the procedures to be followed to participate in the program.". EFFECTIVE DATE

SEC. 5. This Act and the amendments made by this Act shall take 42 USC 3030a effect on October 1, 1985. note. Approved April 1, 1986.

LEGISLATIVE HISTORY—H.R. 2453 (S. 1858): HOUSE REPORT: No. 99-286 (Comm. on Education and Labor) and No. 99-487 (Comm. of Conference). SENATE REPORT: No. 99-232 accompanying S. 1958 (Comm. on Labor and Human Resources). CONGRESSIONAL RECORD: Vol. 131 (1985): Sept. 24, considered and passed House Vol. 132 (1986): Feb. 5, considered and passed Senate, amended, in lieu of S. 1958. Mar. 13, Senate agreed to conference report. Mar. 18, House agreed to conference report.

�


text:
Page:United States Statutes at Large Volume 100 Part 1.djvu/116

 100 STAT. 80

PUBLIC LAW 99-270—APR. 1, 1986 Public Law 99-270 99th Congress Joint Resolution

Apr. 1, 1986 [H.J. Res. 573]

99 Stat. 916.

42 USC 9633.

Making a repayable advance to the Hazardous Substance Response Trust Fund.

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled. That language under the heading "Environmental Protection Agency, Hazardous Substance Response Trust Fund" in Public Law 99-160, is amended by deleting "as amended, including sections 111(c)(3), (c)(5), (c)(6), and (e)(4) (42 U.S.C. 9611), $900,000,000, to be derived from the Hazardous Substance Response Trust Fund", and inserting in lieu thereof "including sections 111(c)(3), (c)(5), (c)(6), and (e)(4) (42 U.S.C. 9611), $900,000,000, of which $750,000,000 shall be derived from the Hazardous Substance Response Trust Fund and $150,000,000 shall be derived from an advance from the general fund of the Treasury to the Hazardous Substance Response Trust Fund to be repaid in accordance with section 223(c)(3) of Public Law 96-510 and notwithstanding section 223(c)(2)(D) of Public Law 96-510: Provided, That none of the $150,000,000 shall be available for obligation after May 31, 1986,". Approved April 1, 1986.

LEGISLATIVE HISTORY—H.J. Res. 573: CONGRESSIONAL RECORD, Vol. 132 (1986): Mar. 20, considered and passed House. Mar. 21, considered and passed Senate.

�


text:
Page:United States Statutes at Large Volume 100 Part 1.djvu/117

 PUBLIC LAW 99-271—APR. 1, 1986

100 STAT. 81

Public Law 99-271 99th Congress Joint Resolution To authorize and request the President to issue a proclamation designating June 2 through June 8, 1986, as "National Fishing Week".

Wheresis the United States Bureau of the Census reported that fiftyfour million residents of our country participated in sport fishing in 1980; Whereas sport fishing is a family oriented, outdoor recreational activity that provides therapeutic rewards and enjoyment; Whereas sport and commercial fishing provide an excellent source of healthful protein-rich food; Whereas the demands for goods and services by sport fishing participants is estimated to generate $25,000,000,000 in economic activity and employment for an estimated six hundred thousand individuals in 1985; Whereas the commercial fishing industry annually employs an estimated three hundred thousand individuals and lands over six billion pounds of seafood worth over $2,400,000,000 in direct sales; Whereeis fishing promotes respect for our Nation's marine, estuarine, and fresh waters, and their associated plant and animal communities; and Whereas our country's league of fishing enthusiasts represent a constituency that seeks to prevent the degradation of our Nation's diverse aquatic habitats: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the President is requested and authorized to issue a proclamation designating June 2 through June 8, 1986, as "National Fishing Week" and calling upon Federal, State, and local government agencies, and the people of the United States to observe the week with appropriate programs and activities. Approved April 1, 1986.

LEGISLATIVE HISTORY—S.J. Res. 262: CONGRESSIONAL RECORD, Vol. 132 (1986): Mar. 4, considered and passed Senate. Mar. 20, considered and passed House.

Apr. 1, 1986 [S.J. Res. 262]

�


text:
Page:Collodi - The Story of a Puppet, translation Murray, 1892.djvu/120

 'Then where is Melampo? Where is the old dog who lived in this kennel?'

'He died this morning.'

'Is he dead? Poor beast! He was so good. But judging you by your face I should say that you were also a good dog.'

'I beg your pardon, I am not a dog.'

'Not a dog? Then what are you?'

'I am a puppet.'

'And you are acting as watch-dog?'

'That is only too true—as a punishment.'

'Well, then, I will offer you the same conditions that we made with the deceased Melampo, and I am sure you will be satisfied with them.'

'What are these conditions?'

'One night in every week you are to permit us to visit this poultry-yard as we have hitherto done, and to carry off eight chickens. Of these chickens seven are to be eaten by us, and one we will give to you, on the express understanding, however, that you pretend to be asleep, and that it never enters your head to bark and to wake the peasant.'

'Did Melampo act in this manner?' asked Pinocchio.

'Certainly, and we were always on the best terms with him. Sleep quietly, and rest assured that before we go we will leave by the kennel a beautiful chicken ready plucked


text:
Page:United States Statutes at Large Volume 100 Part 1.djvu/118

 100 STAT. 82

PUBLIC LAW 99-272—APR. 7, 1986 Public Law 99-272 99th Congress

•? An Act

Apr. 7, 1986 rTT p 31281

Consolidated

To provide for reconciliation pursuant to section 2 of the first co.:Q,current resolution on the budget for fiscal year 1986 (S. Con. Res. 32, Ninety-ninth Congress).

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

Omnibus Budget Reconciliation Act of 1985.

SHORT TITLE

1. This Act may be cited as the "Consolidated Omnibus Budget Reconciliation Act of 1985". SECTION

TABLE OF CONTENTS Title Title Title Title Title Title Title Title Title Title Title Title Title Title Title Title Title Title Title Title

I. Agriculture programs. II. Armed services and defense-related programs. III. Housing and community development programs. IV. Transportation and related programs. V. Corporation for Public Broadcasting and Federal Communications Commission. VI. Maritime, coastal zone, and related programs. VII. Energy and related programs. VIII. Outer Continental Shelf and related programs. IX. Medicare, Medicaid, and Maternal and Child Health programs. X. Private health insurance coverage. XI. Single-employer plan termination insurance system amendments. XII. Income security and related programs. XIII. Revenues, trade, and related programs. XIV. Revenue sharing. XV. Civil service, postal service, and governmental affairs generally. XVI. Higher education programs. XVII. Graduate Medical Education Council and technical amendments to the Public Health Service Act. XVIII. Small business programs. XIX. Veterans' programs. XX. Miscellaneous provisions.

\^

TITLE I—AGRICULTURE PROGRAMS Subtitle A—Agricultural Program Savings SEC. 1001. AGRICULTURAL PROGRAM SAVINGS.

99 Stat. 1465, 1^18-

The expenditures and outlays resulting from the provisions of title XI (relating to the export sales of dairy products) and title XIII (relating to emergency disaster loans and loan authorizations under the Agricultural Credit Insurance Fund) of the Food Security Act of 1985 (H.R. 2100, 99th Congress) shall be counted for purposes of determining savings under the Consolidated Omnibus Budget Reconciliation Act of 1985 as having been enacted under this Act.

�


text:
Page:United States Statutes at Large Volume 100 Part 1.djvu/119

 PUBLIC LAW 99-272—APR. 7, 1986

100 STAT. 83

Subtitle B—Tobacco Program Improvements SEC. 1101. FINDINGS AND PURPOSES.

(a) FINDINGS.—Congress finds that— (1) the maintenance of a viable tobacco price support and production adjustment program is in the interests of tobacco producers, purchasers of tobacco, persons employed directly or indirectly by the tobacco industry, and the localities and States whose economies and tax bases are dependent on the tobacco industry; (2) the present tobacco price support program is in jeopardy and in need of reform; (3) under present law, the levels of price support for tobacco have resulted in market prices for tobacco that are not competitive on the world market; (4) as a consequence, extremely large quantities of domestic tobacco have been put under loan and placed in the inventories of the producer-owned cooperative marketing associations that administer the tobacco price support program; (5) the increased inventories have led to a significant increase in the assessments producers are required to pay to maintain the tobacco price support program on a "no net cost" basis; (6) such increasingly large assessments are creating a severe hardship on producers; (7) the existence of such large inventories poses a threat to the orderly marketing of future crops of tobacco; (8) inventories of producer associations must be significantly reduced or the tobacco price support program will collapse; (9) the Commodity Credit Corporation is threatened with substantial losses on disposition of these inventories should the tobacco price support program collapse; (10) it is imperative that such excess inventories of tobacco be disposed of, under the supervision of the Secretary of Agriculture, in a manner that— (A) will not disrupt the orderly marketing of new tobacco crops; (B) will minimize any losses to the Federal Government; and (C) will be fair and equitable to all tobacco producers and purchasers; (11) the mutual cooperation of tobacco producers, tobacco purchasers, producer associations, and the Secretary of Agriculture is necessary— (A) to restore the tobacco price support program to a stable condition; and (B) to prevent substantial losses to taxpayers that would result from the collapse of the program; (12) restoration of stability to the tobacco price support program through a sharing of the cost of that program by purchasers of tobacco along with producers of tobacco is necessary to prevent undue burdens on, or obstruction of, interstate and foreign commerce in tobacco; and (13) the system of grading tobacco should be thoroughly reviewed to ensure that grades are assigned to tobacco that properly state the quality of such tobacco. (b) PURPOSES.—The purposes of this subtitle are—

7 USC 1445 note.

state and local governments.

Commerce and trade,

�


text:
Page:United States Statutes at Large Volume 100 Part 1.djvu/120

 100 STAT. 84

PUBLIC LAW 99-272—APR, 7, 1986 (1) to encourage cooperation among tobacco producers, tobacco purchasers, and the Secretary of Agriculture in reducing tobacco price support levels, assessment costs, the size of inventories of producer associations, and the exposure of taxpayers to large budget outlays; (2) to adjust the method by which price support levels and production quotas are calculated to reflect actual market conditions; (3) to facilitate the purchase and sale of Flue-cured and Burley tobacco presently in the inventories of producer associations through which producers of Flue-cured and Burley tobacco are provided price support; (4) to provide that purchasers and producers of domestic tobacco share equally in the cost of maintaining the tobacco price support program at no net cost to the taxpayers; and (5) to expedite reform of the system of grading tobacco so that grades assigned to tobacco more accurately reflect the quality of such tobacco. SEC. 1102. PRICE SUPPORT ADJUSTMENTS.

99 Stat. 818.

(a) IN GENERAL.—Effective for the 1985 and subsequent crops of tobacco, section 106(f) of the Agricultural Act of 1949 (7 U.S.C. 1445(f)) is amended by striking out paragraphs (4) and (5) and inserting in lieu thereof the following new paragraphs: "(4) For the 1985 and 1986 crops of Burley tobacco, the support level shall be $1,488 per pound. "(5) For the 1986 crop of Flue-cured tobacco, the support level shall be $1,438 per pound. "(6)(A) Except as provided in subparagraph (B), for the 1986 and each subsequent crop of any kind of tobacco (other than Flue-cured and Burley tobacco) for which marketing quotas are in effect or are not disapproved by producers, the support level shall be the level in cents per pound at which the immediately preceding crop was supported, plus or minus, respectively, the amount by which— "(i) the support level for the crop for which the determination is being made, as determined under subsection (b); is greater or less than "(ii) the support level for the immediately preceding crop, as determined under subsection (b), as that difference may be adjusted by the Secretary under subsection (d) if the support level under clause (i) is greater than the support level under clause (ii). "(B) Notwithstanding subparagraph (A) and subsection (d), if requested by the board of directors of an association through which price support for the respective kind of tobacco specified in subparagraph (A) is made available to producers, the Secretary may reduce the support level for such kind of tobacco to the extent requested by the association to more accurately reflect the market value and improve the marketability of such tobacco. "(7)(A) For the 1987 and each subsequent crop of Flue-cured and Burley tobacco for which marketing quotas are in effect or are not disapproved by producers, the support level shall be the level in cents per pound at which the immediately preceding crop was supported, plus or minus, respectively, an adjustment of not less than 65 percent nor more than 100 percent of the

�


text:
Page:United States Statutes at Large Volume 100 Part 1.djvu/121

 PUBLIC LAW 99-272—APR. 7, 1986

100 STAT. 85

total, as determined by the Secretary after taking into consideration the supply of the kind of tobacco involved in relation to demand, of— "(i) 66.7 percent of the amount by which— "(I) the average price received by producers for Fluecured and Burley tobacco, respectively, on the United States auction markets, as determined by the Secretary, during the 5 marketing years immediately preceding the marketing year for which the determination is being made, excluding the year in which the average price was the highest and the year in which the average price was the lowest in such period, is greater or less than "(II) the average price received by producers for Fluecured and Burley tobacco, respectively, on the United States auction markets, as determined by the Secretary, during the 5 marketing years immediately preceding the marketing year prior to the marketing year for which the determination is being made, excluding the year in which the average price was the highest and the year in which the average price was the lowest in such period; and "(ii) 33.3 percent of the change, expressed as a cost per pound of tobacco, in the index of prices paid by tobacco producers from January 1 to December 31 of the calendar year immediately preceding the year in which the determination is made. "(B) For purposes of subparagraph (A)— "(i) the average market price for Burley tobacco for the 1985 marketing year shall be reduced by $0,039 per pound; "(ii) the average market price for Burley tobacco for the 1984 and each prior applicable marketing year shall be reduced by $0.30 per pound; "(iii) the average market price for Flue-cured tobacco for the 1985 marketing year shall be reduced by $0.25 per pound; "(iv) the average market price for Flue-cured tobacco for the 1984 and each prior applicable marketing year shall be reduced by $0.30 per pound; and "(v) the index of prices paid by tobacco producers shall include items representing general, variable costs of producing tobacco, as determined by the Secretary, but shall not include the cost of land, risk, overhead, management, purchase or leasing of quotas, marketing contributions or assessments, and other costs not directly related to the production of tobacco.". (b) CERTAIN GRADES OF FLUE-CURED TOBACCO.—Effective for

the

1986 and subsequent crops of tobacco, section 106 of the Agricultural Act of 1949 (7 U.S.C. 1445) is further amended by striking out subsection (g). SEC. 1103. DETERMINATION OF MARKETING QUOTAS FOR FLUE-CURED AND BURLEY TOBACCO.

(a) DEFINITIONS.—Section 3010?) of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1301(b)) is amended— (1) by adding at the end of paragraph (14) the following new subparagraphs:

�


text:
Page:United States Statutes at Large Volume 100 Part 1.djvu/122

 100 STAT. 86

Post, p. 88. Exports.

Loans.

PUBLIC LAW 99-272—APR. 7, 1986 "(C) 'Reserve stock level', in the case of Flue-cured tobacco, shall be the greater of— "(i) 100,000,000 pounds (farm sales weight); or "(ii) 15 percent of the national marketing quota for Flue-cured tobacco for the marketing year immediately preceding the marketing year for which the level is being determined. "(D) 'Reserve stock level', in the case of Burley tobacco, shall be the greater of—"(i) 50,000,000 pounds (farm sales weight); or "(ii) 15 percent of the national marketing quota for Burley tobacco for the marketing year immediately preceding the marketing year for which the level is being determined."; and (2) by adding at the end thereof the following new paragraph: "(17) 'Domestic manufacturer of cigarettes' means a person that produces and sells more than 1 percent of the cigarettes produced and sold in the United States.". (b) FLUE-CURED TOBACCO.—Section 317(a)(1) of such Act (7 U.S.C. 1314c(a)(l)) is amended— (1) by striking out " 'National marketing quota' " in the first sentence and inserting in lieu thereof "(A) Except as provided in subparagraph (B), 'national marketing quota' "; and (2) by adding at the end thereof the following new suljparagraphs: "(B) For the 1986 and each subsequent crop of Flue-cured tobacco, 'national marketing quota' for a marketing year means the quantity of Flue-cured tobacco, as determined by the Secretary, that is not more than 103 percent nor less than 97 percent of the total of— "(i) the aggregate of the quantities of Flue-cured tobacco that domestic manufecturers of cigarettes estimate the manufacturers intend to purchase on the United States auction markets or from producers during the marketing year, as compiled and determined under section 320A; "(jj) ^jjg average annual quantity of Flue-cured tobacco exported from the United States during the 3 marketing years immediately preceding the marketing year for which the determination is being made; and "(iii) the quantity, if any, of Flue-cured tobacco that the Secretary, in the discretion of the Secretary, determines is necessary to increase or decrease the inventory of the producerowned cooperative marketing association that has entered into a loan agreement with the Commodity Credit Corporation to make price support available to producers of Flue-cured tobacco to establish or maintain such inventory at the reserve stock level for Flue-cured tobacco. "(C) Notwithstanding any other provision of law— "(i) the national marketing quota for Flue-cured tobacco for each of the 1986 through 1989 marketing years for such tobacco shall not be less than 94 percent of the national marketing quota for such tobacco for the preceding marketing year; and "(ii) the national marketing quota for Flue-cured tobacco for each of the 1990 through 1993 marketing years for such tobacco shall not be less than 90 percent of the national marketing quota for such tobacco for the preceding marketing year.". (c) BURLEY TOBACCO.—Section 319 of such Act (7 U.S.C. 1314e) is amended— (1) in subsection (c)—

�


text:
Page:United States Statutes at Large Volume 100 Part 1.djvu/123

 PUBLIC LAW 99-272—APR. 7, 1986

100 STAT. 87

(A) by striking out "The national marketing quota" in the first sentence and inserting in lieu thereof "(1) Except as provided in paragraph (3), the national marketing quota"; (B) by striking out the second sentence; (C) by designating the third sentence as paragraph (2); and (D) by adding at the end thereof the following new paragraphs: "(3)(A) For the 1986 and each subsequent crop of Burley tobacco, the national marketing quota for any marketing year shall be the quantity of Burley tobacco, as determined by the Secretary, that is not more than 103 percent nor less than 97 percent of the total of— "(i) the aggregate of the quantities of Burley tobacco that domestic manufacturers of cigarettes estimate the manufacturers intend to purchase on the United States auction markets or from producers during the marketing year, as compiled and determined under section 320A; "(ii) the average annual quantity of Burley tobacco exported Exports, from the United States during the 3 marketing years immediately preceding the marketing year for which the determination is being made; and "(iii) the quantity, if any, of Burley tobacco that the Loans. Secretary, in the discretion of the Secretary, determines is necessary to increase or decrease the inventories of the producer-owned cooperative marketing associations that have entered into loan agreements with the Commodity Credit Corporation to make price support available to producers of Burley tobacco to establish or maintain such inventories, in the aggregate, at the reserve stock level for Burley tobacco. "(B) In determining the quantity of Burley tobacco necessary to establish or maintain the inventories of the producer associations at the reserve stock level under subparagraph (AKiii)— "(i) the Secretary shall provide for initially attaining the reserve stock level over a period of 5 years; and "(ii) any downward adjustment in such inventories of Burley tobacco may not exceed the greater of— "(I) 35,000,000 pounds; or "(II) 50 percent of the quantity by which— "(aa) the total inventories of Burley tobacco of the producer-owned cooperative marketing associations that have entered into loan agreements with the Commodity Credit Corporation to make price support available to producers of Burley tobacco; exceed "(bb) the reserve stock level for Burley tobacco. "(C) Notwithstanding any other provision of law— "(i) the national marketing quota for Burley tobacco for each of the 1986 through 1989 marketing years for such tobacco shall not be less than 94 percent of the national marketing quota for such tobacco for the preceding marketing year; and "(ii) the national marketing quota for Burley tobacco for each of the 1990 through 1993 marketing years for such tobacco shall not be less than 90 percent of the national marketing quota for such tobacco for the preceding marketing year."; and (2) by inserting ", except in the case of Burley tobacco," after "Provided, That" in the fourth sentence of subsection (e).

�


text:
Page:United States Statutes at Large Volume 100 Part 1.djvu/124

 100 STAT. 88

PUBLIC LAW 99-272—APR. 7, 1986 (d) PURCHASE INTENTIONS.—Effective for the 1986 and each subsequent crop of tobacco, such Act is amended by inserting after section 320 (7 U.S.C. 13140 the following new section: SUBMISSION OF PURCHASE INTENTIONS BY CIGARETTE MANUFACTURERS

7 USC 1314g.

Classified information.

Law enforcement and crime.

"SEC. 320A. (a)(1) Not later than December 1 of any marketing year with respect to Flue-cured tobacco (or, in the case of the 1986 crop, 14 days after the date of enactment of the Consolidated Omnibus Budget Reconciliation Act of 1985) and January 15 of any marketing year with respect to Burley tobacco (or, in the case of the 1986 crop, 14 days after the date of enactment of such Act or January 15, 1986, whichever is later), each domestic manufacturer of cigarettes shall submit to the Secretary a statement, by kind, of the quantity of Flue-cured tobacco and Burley tobacco (for which a national marketing quota is in effect or for which the Secretary has proclaimed a national marketing quota for the next succeeding marketing year) that the manufacturer intends to purchase, directly or indirectly, on the United States auction markets or from producers during the next succeeding marketing year (hereafter in this section referred to as the 'quantity of intended purchases'). "(2) The Secretary shall aggregate the quantities of intended purchases in a manner that will not allow the identification of the quantity of intended purchases of any manufacturer. "(b) If any domestic manufacturer of cigarettes fails to submit to the Secretary a statement of the quantity of intended purchases of the manufacturer, as required by this section, the Secretary shall establish the quantity of intended purchases to be attributed to such manufacturer for purposes of this Act, based on— "(1) the quantity of intended purchases submitted by such manufacturer under this section for the marketing year immediately preceding the marketing year for which the determination is being made; or "(2) if such manufacturer did not submit a statement of the quantity of intended purchases of the manufacturer for the marketing year immediately preceding the marketing year for which the determination is being made, the most recent information available to the Secretary. "(c)(1) All information relating to the quantity of intended purchases that is submitted by domestic manufacturers of cigarettes under this section shall be kept confidential by all officers and employees of the Department of Agriculture. "(2) Such information may only be disclosed by such officers or employees in a suit or administrative hearing— "(A)(i) brought at the direction, or on the request, of the Secretary; or "(ii) to which the Secretary or any officer of the United States is a party; and "(B) involving enforcement of this Act. "(3) Nothing in this section shall be considered to prohibit the publication, by direction of the Secretary, of the name of any person violating this Act, together with a statement of the particular provisions of the Act violated by such person. "(4) Any officer or employee of the Department of Agriculture who violates this subsection, on conviction, shall be—

�


text:
Page:United States Statutes at Large Volume 100 Part 1.djvu/125

 PUBLIC LAW 99-272—APR. 7, 1986

100 STAT. 89

"(A) subject to a fine of not more than $1,000 or to imprisonment for not more than 1 year, or to both; and "(B) removed from office. "(d) Notwithstanding any other provision of law, a statement of the quantity of intended purchases that is submitted under this section shall be exempt from disclosure under section 552 of title 5, United States Code.". SEC. 1104. MARKETING QUOTA ANNOUNCEMENT DATE; PROCLAMATION OF QUOTAS FOR FLUE-CURED AND BURLEY TOBACCO.

(a) IN GENERAL.—Section 312 of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1312) is amended— (1) by striking out "and February 1 of any marketing year with respect to other kinds of tobacco" in the matter preceding clause (1) of subsection (a) and inserting in lieu thereof "February 1 of any marketing year with respect to Burley tobacco, and March 1 of any marketing year with respect to other kinds of tobacco"; and (2) by striking out "and not later than the first day of February with respect to other kinds of tobacco" in the first sentence of subsection (b) and inserting in lieu thereof ", not later than the first day of February with respect to Burley tobacco, and not later than the first day of March with respect to other kinds of tobacco". (b) DARK AIR-CURED AND FIRE-CURED TOBACCO.—Section 319(b) of such Act (7 U.S.C. 1313e(b)) is amended by striking out "February 1" 7 USC I3l4e. each place it appears in the fourth paragraph and inserting in lieu thereof "March 1". (c) PROCLAMATION OF QUOTA FOR FLUE-CURED TOBACCO.—Section

317(d) of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1314c(d)) is amended by adding at the end thereof the following new sentences: "Notwithstanding any other provision of law, for the 1986 marketing year, the Secretary shall proclaim the national marketing quota for Flue-cured tobacco not later than 21 days after the date of enactment of the Consolidated Omnibus Budget Reconciliation Act of 1985. Any proclamation with respect to the national marketing quota for the 1986 marketing year for Flue-cured tobacco made by the Secretary prior to such date of enactment shall become void on enactment of such Act.". (d) PROCLAMATION OF QUOTA FOR BURLEY TOBACCO.—Section 319(a)

of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1314e(a)) is amended by adding at the end thereof the following new sentences: "Notwithstanding any other provision of law, for the 1986 marketing year, the Secretary shall proclaim the national marketing quota for Burley tobacco not later than 21 days after the date of enactment of the Consolidated Omnibus Budget Reconciliation Act of 1985 or February 1, 1986, whichever is later. Any proclamation with respect to the national marketing quota for the 1986 marketing year for Burley tobacco made by the Secretary prior to such date of enactment shall become void on enactment of such Act.". SEC. 1105. REDUCTION IN EXCESS TOBACCO NOT SUBJECT TO MARKETING PENALTY. (a) PENALTY ON EXCESS TOBACCO.—Effective for

the

1986

and

subsequent crops of tobacco, the Agricultural Adjustment Act of 1938 is amended—

�


text:
Page:United States Statutes at Large Volume 100 Part 1.djvu/126

 100 STAT. 90

PUBLIC LAW 99-272—APR. 7, 1986 (1) by striking out "110" in section 317(g)(1) (7 U.S.C. 1314c(g)(l)) and inserting in lieu thereof "103"; and (2) by striking out "110" in section 319(i)(l) (7 U.S.C. 1314e(i)(l)) and inserting in lieu thereof "103". (b) PRICE SUPPORT ON EXCESS TOBACCO.—Effective for the 1986 and

subsequent crops of tobacco, section 106(c)(1) of the Agricultural Act of 1949 (7 U.S.C. 1445(c)(1)) is amended by striking out "110" and inserting in lieu thereof "103". SEC. 1106. PURCHASE REQUIREMENTS; PENALTY.

Ante, p.

(a) IN GENERAL.—Effective for the 1986 and subsequent crops of tobacco, the Agricultural Adjustment Act of 1938 (as amended by section 1103(d)) is further amended by inserting after section 320A the following new section: "PURCHASE REQUIREMENTS; PENALTY

7 USC 1314 h.

Loans.

Ante, p.

"SEC. 320B. (a)(1) At the conclusion of each marketing year, on or before a date prescribed by the Secretary, each domestic manufacturer of cigarettes shall submit to the Secretary a statement, by kind, of the quantity of Flue-cured and Burley quota tobacco purchased, directly or indirectly, by such manufacturer during such marketing year. "(2) The statement shall include, but not be limited to, the quantity of each such kind of tobacco purchased by the manufacturer on the United States auction markets, from producers, and from the inventories of tobacco from the 1985 and subsequent crops of the producer-owned cooperative marketing associations that have entered into loan agreements with the Commodity Credit Corporation to make price support available to producers of Flue-cured or Burley tobacco. "(b)(1) Except as otherwise provided in this subsection, any domestic manufacturer of cigarettes that fails, as determined by the Secretary after notice and opportunity for a hearing, to purchase during a marketing year on the United States auction markets, from producers, or from the inventories of tobacco from the 1985 and subsequent crops of the producer associations described in subsection (a)(2) a quantity of Flue-cured quota tobacco and a quantity of Burley quota tobacco equal to at least 90 percent of the quantity of the intended purchases of Flue-cured tobacco and Burley tobacco, respectively, submitted by such manufacturer or established by the Secretary for such manufacturer for that marketing year under section 320A (as that quantity may be reduced under paragraph (2)) shall be subject to a penalty as prescribed in subsection (c). "(2)(A) If the total quantity of Flue-cured or Burley quota tobacco, respectively, marketed by producers at auction in the United States during the marketing year in question is less than the national marketing quota (including any adjustments for overmarketings or undermarketings) for that kind of tobacco for that marketing year, the quantity of intended purchases of each domestic manufacturer of cigarettes, for purposes of paragraph (1), shall be reduced by a percentage equal to the percentage by which the total quantity marketed at auction in the United States during the marketing year is less than the national marketing quota (including any adjustments for overmarketings or undermarketings) for that kind of tobacco for the marketing year.

�


text:
Page:United States Statutes at Large Volume 100 Part 1.djvu/127

 PUBLIC LAW 99-272—APR. 7, 1986

100 STAT. 91

"(B) For purposes of this section, the term 'marketed' shall include disposition of tobacco by consigning the tobacco to a producer association described in subsection (a)(2) for a price support advance. "(c) The amount of any penalty to be imposed on a manufacturer under this section shall be determined by multiplying— "(1) twice the per pound assessment (as determined under section 106A or 106B of the Agricultural Act of 1949 (7 U.S.C. 1445-1 or 1445-2)) for the kind of tobacco involved; by Post, pp. 92, 94. "(2) the quantity by which— "(A) the purchases by such manufacturer on the United States auction markets, from producers, or from the inventories of tobacco from the 1985 and subsequent crops of the producer associations described in subsection (a)(2) of Fluecured and Burley quota tobacco, respectively, for the marketing year; are less than "(B) 90 percent of the quantity of intended purchases of such kinds of tobacco, respectively, submitted by the manufacturer or established by the Secretary for such manufacturer for that marketing year under section 320A (as that Ante, p. 88. quantity may be reduced under subsection (b)(2)). "(d)(1) An amount equivalent to the penalty collected by the Secretary under this section shall be transmitted by the Secretary to the appropriate producer-owned cooperative marketing association that has entered into a loan agreement with the Commodity Credit Corporation to make price support available to producers of Fluecured or Burley tobacco, as the case may be. "(2) Each association to which amounts are transmitted by the Secretary under this section shall deposit such amounts in the No Net Cost Fund or Account of such association in accordance with section 106A or 106B of the Agricultural Act of 1949. "(e) The limitations on disclosure set forth in subsections (c) and (d) of section 320A shall apply to information submitted by domestic manufacturers of cigarettes under this section with respect to the quantity of purchases of Flue-cured and Burley quota tobacco during a marketing year. Any officer or employee of the Department of Agriculture who violates such limitations on disclosure shall be subject to the penalties set forth in section 320A(c)(4). "(f) As used in this section, the term 'quota tobacco' means any kind of tobacco for which marketing quotas are in effect or for which marketing quotas are not disapproved by producers.". (b) CONFORMING AMENDMENT.—Effective for the 1986 and subse-

quent crops of tobacco, the last sentence of section 372(b) of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1372(b)) is amended by striking out "The" and inserting in lieu thereof "Except as provided in section 320B, the". Ante, p. 90. SEC. 1107. LEASE AND TRANSFER OF BURLEY TOBACCO QUOTAS. Effective with respect to the 1985 and subsequent crops of Burley tobacco, the fourth proviso of section 319(g) of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1314e(g)) is amended by inserting after "July 1 of that crop year" the following: "or, if such record of the transfer is filed with the county committee after July 1, the county committee determines with the concurrence of the State committee that all interested parties agreed to such lease and transfer before July 1 and that the failure to file such record of the transfer did not result from gross negligence on the part of any party to such lease and transfer".

�


text:
Page:United States Statutes at Large Volume 100 Part 1.djvu/128

 100 STAT. 92

PUBLIC LAW 99-272—APR. 7, 1986 SEC. 1108. ASSESSMENTS TO NO NET COST FUNDS OR ACCOUNTS.

(a) No NET COST FUND.—Effective for the 1986 and subsequent

crops of tobacco, section 106A of the Agricultural Act of 1949 (7 U.S.C. 1445-1) is amended— (1) in subsection (a)— (A) by striking out "and" at the end of paragraph (5); (B) by redesignating paragraph (6) as paragraph (7); and (C) by inserting after paragraph (5) the following new paragraph: "(6) the term 'purchaser' means any person who purchases in the United States, either directly or indirectly for the account of such person or another person. Flue-cured or Burley quota tobacco; and"; (2) by inserting "or paid by or on behalf of purchasers" after "producer-members" in the second sentence of subsection (c); (3) in subsection (d)— (A) by striking out "and" at the end of clause (i) of paragraph (1)(A); (B) by inserting after clause (ii) of paragraph (1)(A) the following new clause: "(iii) each purchaser of Flue-cured and Burley quota tobacco shall pay to the appropriate association, for deposit in the Fund of the association, an assessment, in an amount determined from time to time by the association with the approval of the Secretary, with respect to purchases ojf all such kind of tobacco marketed by a producer from a farm (including purchases of such tobacco from the 1986 and subsequent crops from the association); and"; (C) by striking out "The" in the last sentence of paragraph (1) and inserting in lieu thereof the following: "The amount of producer contributions and purchaser assessments shall be determined in such a manner that producers and purchasers share equally, to the maximum extent practicable, in maintaining the Fund of an association. In making such determination with respect to the assessment of a purchaser, only 1985 and subsequent crops of Fluecured and Burley quota tobacco shall be taken into account. The"; (D) by inserting "and assessments" after "contributions" in the last sentence of paragraph (1); (E) by striking out paragraph (2) and inserting in lieu thereof the following new paragraph: "(2) require that any producer contribution or purchaser assessment due under paragraph (1) shall be collected— "(A) from the person who acquired the tobacco involved from the producer, except that if the tobacco is marketed by sale, an amount equal to the producer contribution may be deducted by the purchaser from the price paid to such producer; "(B) if the tobacco involved is marketed by a producer through a warehouseman or agent, from such warehouseman or agent, who may— "(i) deduct an amount equal to the producer contribution from the price paid to the producer; and

�


text:
Page:United States Statutes at Large Volume 100 Part 1.djvu/129

 PUBLIC LAW 99-272—APR. 7, 1986

100 STAT. 93

"(ii) add an amount equal to the purchaser assessment to the price paid by the purchaser; and "(C) if the tobacco involved is marketed by a producer directly to any person outside the United States, from the producer, who may add an amount equal to the purchaser assessment to the price paid by the purchaser;"; (F) by striking out "producers who contribute" in the proviso of paragraph (3) and inserting in lieu thereof "producers and purchasers who contribute or pay"; (G) by striking out "and" at the end of paragraph (5); (H) by inserting "effective for the 1982 through 1985 crops of quota tobacco," after the paragraph designation in paragraph (6); (I) by striking out the period at the end of paragraph (6) and inserting in lieu thereof "; and"; and (J) by inserting after paragraph (6) the following new paragraph: "(7) effective for the 1986 and subsequent crops of quota Loans, tobacco, provide, in loan agreements between the Corporation and an association, that if the Secretary determines that the amount in the Fund or the net gains referred to in paragraph (5) exceeds the amounts necessary for the purposes specified in this section, the association, with the approval of the Secretary, may suspend the payment and collection of contributions and assessments under this section on terms and conditions established by the association, with the approval of the Secretary."; and (4) by adding at the end thereof the following new subsection: "(h)(1)(A) Each person who fails to collect any contribution or assessment as required by subsection (d)(2) and remit such contribution or assessment to the association, at such time and in such manner as may be prescribed by the Secretary, shall be liable, in addition to any amount due, to a marketing penalty at a rate equal to 75 percent of the average market price (calculated to the nearest whole cent) for the kind of tobacco involved for the immediately preceding year on the quantity of tobacco as to which the failure occurs. "(B) The Secretary may reduce any such marketing penalty in such amount as the Secretary determines equitable in any case in which the Secretary determines that the failure was unintentional or without knowledge on the part of the person concerned. "(C) Any penalty provided for under this paragraph shall be assessed by the Secretary after notice and opportunity for a hearing. "(2)(A) Any person against whom a penalty is assessed under this Courts, U.S. subsection may obtain review of such penalty in an appropriate district court of the United States by filing a civil action in such court not later than 30 days after such penalty is imposed. "(B) The Secretary shall promptly file in such court a certified copy of the record on which the penalty is based. "(3) The district courts of the United States shall have jurisdiction Courts, U.S. to review and enforce any penalty imposed under this subsection. "(4) An amount equivalent to any penalty collected by the Secretary under this subsection shall be transmitted by the Secretary to the appropriate association, for deposit in the Fund of such association. "(5) The remedies provided in this subsection shall be in addition to, and not exclusive of, other remedies that may be available.".

�


text:
Page:United States Statutes at Large Volume 100 Part 1.djvu/130

 100 STAT. 94

PUBLIC LAW 99-272—APR. 7, 1986 (b) No NET COST ACCOUNT.—Effective for the 1986 and subsequent

Ante, p. 92.

Loans.

Marketing.

Marketing.

crops of tobacco, section 106B of the Agricultural Act of 1949 (7 U.S.C. 1445-2) is amended— (1) in subsection (a)— (A) by striking out "and" at the end of paragraph (6); (B) by striking out the period at the end of paragraph (7) and inserting in lieu thereof "; and"; and (C) by adding at the end thereof the following new paragraph: "(8) the term 'purchaser' means any person who purchases in the United States, either directly or indirectly for the account of such person or another person. Flue-cured or Burley quota tobacco."; (2) by inserting "and purchasers" after "producers" in subsection (c)(1); (3) in subsection (d)— (A) by inserting at the end of paragraph (1) the following new sentence: "The Secretary shall also require (in lieu of any requirement under section 106A(d)(l)) that each purchaser of Flue-cured and Burley quota tobacco shall pay to the Corporation, for deposit in the Account of such association, an assessment, as determined under paragraph (2) and collected under paragraph (3), with respect to purchases of all such kind of tobacco marketed by a producer from a farm (including purchases of such tobacco from the 1986 and subsequent crops from the association)."; (B) by striking out "area. Such amount" in paragraph (2)(A) and inserting in lieu thereof "area and the amount of the assessment to be paid by purchasers of tobacco. The amount of the assessment to be paid by producers and purchasers shall be determined in such a manner that producers and purchasers share equally, to the maximum extent practicable, in maintaining the Account of an association. In making such determination with respect to the assessment of a purchaser, only 1985 and subsequent crops of Flue-cured and Burley quota tobacco shall be taken into account. The amount of the assessment"; (C) by inserting at the end of paragraph (2)(A) the following: "Notwithstanding the foregoing provisions of this paragraph, the amount of any assessment that is determined by the Secretary for the 1986 and subsequent crops of Burley quota tobacco shall be determined without regard to any net losses that the Corporation may sustain under the loan agreements of the Corporation with such association with respect to the 1983 crop of such tobacco."; and (D) by amending paragraph (3) to read as follows: "(3)(A) Except as provided in subparagraphs (B) and (C), any assessment to be paid by a producer or a purchaser under paragraph (1) shall be collected from the person who acquired the tobacco involved from such producer, except that if the tobacco is marketed by sale, an amount equal to the producer assessment may be deducted by the purchaser from the price paid to such producer. "(B) If tobacco of the kind for which an Account is established is marketed by a producer through a warehouseman or agent, both the producer and the purchaser assessment shall be collected from such warehouseman or agent, who may—

�


text:
Page:U.S. Department of the Interior Annual Report 1880.djvu/12

10 A considerable number of the Indian boys and girls at Hampton and Carlisle have, during the summer vacation, been intrusted to the care of private families in Pennsylvania and Massachusetts, where they have received very valuable lessons in household economy and farming,. and where they were under the elevating influence of cultivated homes. Their conduct has been generally commended. The number of Indian children educated in these schools is at present necessarily small in proportion to the whole number of children of school age; but the system is capable of great extension, if only the necessary means are provided. It is a mere question of money and of wise and active supervision. In no direction could money be more usefully employed. The success of the schools at Hampton and Carlisle has attracted the sympathy of many benevolent men and women throughout the country, and I have to express my thanks to them for valuable donations with which the schools have been aided. But the continuance and development of these government institutions cannot and ought not to depend upon private munificence. So far the expenses have been defrayed from the civilization fund at the disposal of this Department; but that fund has already beeu largely drawn upon in establishing and sustaining Indian education at these institutions, and cannot be depended upon to last much longer, especially if the system is extended as it should be. The continuance of this work will then depend upon specific appropriations by Congress, and I cannot too warmly recommend this subject to the favorable consideration of our legislators. As each school is capable of taking care of only a limited number of pupils, the number of such institutions should be increased. There are government buildings no longer used which might be profitably employed for that purpose, and they certainly can be used for no worthier object. It is in contemplation to establish another Indian school of this kind in some unoccupied public buildings id the neighborhood of Washington, where it would be easily accessible for the inspection of members of Congress, and I hope this plan may soon be carried out.

Another civilizing agency largely introduced under the present administration was the organization of a police force consisting of Indians. It has been put in operation at forty agencies and the force consists now of 162 officers and 653 privates. The duties of the policemen, performed under the direction of the agent, consist in acting as guards at annuity payments and rendering assistance and preserving order during ration issues and protecting agency buildings and property; in returning truant pupils to school; in searching for and returning lost or stolen property, whether belonging to Indians or white men; in preventing depredations on timber and the introduction of whisky on the reservation; in arresting or driving off whisky-sellers, horse and cattle thieves; in making arrests for disorderly conduct, drunkenness, wife-beating, theft,


text:
Page:United States Statutes at Large Volume 100 Part 1.djvu/131

 PUBLIC LAW 99-272—APR. 7, 1986 "(i) deduct an amount equal to the producer assessment from the price paid to the producer; and "(ii) add an amount equal to the purchaser assessment to the price paid by the purchaser. "(C) If tobacco of the kind for which an Account is established is marketed by a producer directly to any person outside the United States, both the producer and the purchaser assessment shall be collected from the producer, who may add an amount equal to the purchaser assessment to the price paid by the purchaser."; and (4) by adding at the end thereof the following new subsection: "(j)(l)(A) Each person who fails to collect any assessment as required by subsection (d)(3) and remit such assessment to the Corporation, at such time and in such manner as may be prescribed by the Secretary, shall be liable, in addition to any amount due, to a marketing penalty at a rate equal to 75 percent of the average market price (calculated to the nearest whole cent) for the kind of tobacco involved for the immediately preceding year on the quantity of tobacco as to which the failure occurs. "(B) The Secretary may reduce any such marketing penalty in such amount as the Secretary determines equitable in any case in which the Secretary determines that the failure was unintentional or without knowledge on the part of the person concerned. "(C) Any penalty provided for under this paragraph shall be assessed by the Secretary after notice and opportunity for a hearing. "(2)(A) Any person against whom a penalty is assessed under this subsection may obtain review of such penalty in an appropriate district court of the United States by filing a civil action in such court not later than 30 days after such penalty is imposed. "(B) The Secretary shall promptly file in such court a certified copy of the record on which the penalty is based. "(3) The district courts of the United States shall have jurisdiction to review and enforce any penalty imposed under this subsection. "(4) An amount equivalent to any penalty collected by the Secretary under this subsection shall be transmitted by the Secretary to the Corporation, for deposit in the Account of the appropriate association. "(5) The remedies provided in this subsection shall be in addition to, and not exclusive of, other remedies that may be available.". (c) IMPLEMENTATION.—The Secretary of Agriculture shall implement sections 1102 through 1109, and the amendments made by such sections, without regard to the provisions requiring notice and other procedures for public participation in rulemaking contained in section 553 of title 5, United States Code, or in any directive of the Secretary. (d) CONFORMING AMENDMENT.—The section heading of section 106A of the Agricultural Act of 1949 (7 U.S.C. 1445-1) is amended to read as follows:

100 STAT. 95

Marketing,

Courts, U.S.

Courts, U.S.

7 USC 1301 note,

"PRODUCER CONTRIBUTIONS AND PURCHASER ASSESSMENTS FOR NO NET COST TOBACCO F U N D ".

SEC. 1109. PURCHASE OF INVENTORY STOCK.

Notwithstanding any other provision of law, in order to reduce or eliminate the excessive inventories of Flue-cured and Burley tobacco held by associations from the 1976 through 1984 crops, and in order to provide for the orderly disposition of such excessive inventories of tobacco in a manner that will not disrupt the orderly marketing of

7 USC 1445-3.

�


text:
Page:United States Statutes at Large Volume 100 Part 1.djvu/132

 100 STAT. 96

Corporations. Loans.

Loans.

PUBLIC LAW 99-272—APR. 7, 1986 new tobacco crops and will minimize any losses to the Federal Government: (a) SALE OF INVENTORY STOCK.—(1) The producer-owned cooperative marketing association that has entered into a loan agreement with the Commodity Credit Corporation to make price support available to producers of Flue-cured tobacco shall offer to sell the stocks of Flue-cured tobacco of the association from the 1976 through 1984 crops as provided in this section. (2) Each producer-owned cooperative marketing association that has entered into a loan agreement with the Commodity Credit Corporation to make price support available to producers of Burley tobacco shall offer to sell its stocks of Burley tobacco from the 1982 and 1984 crops as provided in this section. (3)(A)(i) Not later than 30 days after the date of enactment of this subtitle, the Commodity Credit Corporation shall acquire title to the Burley tobacco from the 1983 crop that is pledged as security for loans on such tobacco by calling the loans on such tobacco. (ii) The Corporation shall, then, offer such tobacco for sale at such times, in such quantities, and subject to such conditions as the Corporation considers appropriate. (B) If the Commodity Credit Corporation has not sold all of the stocks of the 1983 crop of Burley tobacco within 2 years from the date the Corporation calls the loans on such tobacco, the Corporation may offer to sell to domestic manufacturers of cigarettes the remaining stocks of such tobacco as provided in this section. (b) SALE PRICES.—(1)(A) The stocks of Flue-cured tobacco from the 1976 through 1984 crops shall be offered for sale at the base prices, including carrying charges, in effect as of the date of the offer, reduced by— (i) 90 percent for Flue-cured tobacco from the 1976 through 1981 crops; and (ii) 10 percent for Flue-cured tobacco from the 1982 through 1984 crops. (B) The purchasers of the stocks of Flue-cured tobacco from the 1976 through 1984 crops shall pay the full carrying charges that have accrued to such tobacco from the date of the offer made under this section to the date that such tobacco is removed from the inventory of the association. (2)(A) The stocks of Burley tobacco from the 1982 crop shall be offered for sale at the listed base price in effect as of July 1, 1985. (B) The stocks of Burley tobacco from the 1984 crop shall be offered for sale at the costs of the association for such tobacco as of the date of enactment of this subtitle. (C) The purchasers of the stocks of Burley tobacco from the 1982 crop shall pay the full carrying charges that have accrued to such tobacco. (D) The purchasers of the stocks of Burley tobacco from the 1984 crop shall pay the full carrying charges that have accrued to such tobacco from the date of enactment of this subtitle to the date such tobacco is removed from the inventories of the associations. (3)(A) After the 2-year period specified in subsection (a)(3)(B) has expired, if the Commodity Credit Corporation offers to sell the stocks of the Corporation of Burley tobacco from the 1983 crop to domestic manufacturers of cigarettes, such stocks shall be offered for sale at the costs of the association, including carrying charges, as of the date on which the Corporation calls the loans on such tobacco, reduced by 90 percent.

�


text:
Page:United States Statutes at Large Volume 100 Part 1.djvu/133

 PUBLIC LAW 99-272—APR. 7, 1986 (B) Neither tobacco producers nor tobacco purchasers shall be responsible for carrying charges that accrue to the 1983 crop of Burley tobacco after the date on which the Commodity Credit Corporation calls the loans on such tobacco. (c) TERMS OF AGREEMENTS.—(1)(A) Each domestic manufacturer of cigarettes may enter into agreements to purchase inventory stocks of Flue-cured and Burley tobacco, in accordance with this section. (B) To be eligible for the reductions in price specified in this section, such manufacturer shall enter into such agreements as soon as practicable, but not later than 90 days after the date of enactment of this subtitle, except that, with respect to the 1983 crop of Burley tobacco, if the Corporation offers to sell the stocks of such tobacco pursuant to subsection (b)(3)(A), such agreements shall be entered into as soon as practicable, but not later than 90 days after the end of the 2-year period referred to in subsection (a)(3)(B). (C)(i) Such agreements shall provide that, over a period of time, each participating domestic manufacturer of cigarettes shall purchase a percentage of the stocks of Flue-cured and Burley tobacco held— (I) by the producer-owned cooperative marketing associations at the close of the 1984 marketing year; or (II) in the case of the 1983 crop of Burley tobacco, by the Commodity Credit Corporation at the time the Corporation offers such tobacco for sale to domestic manufacturers of cigarettes under this section. (ii) The period of time referred to in clause (i) may not exceed— (I) in the case of Flue-cured tobacco, 8 years from the date of enactment of this subtitle; (II) in the case of Burley tobacco from the 1982 and 1984 crops, 5 years from the date of enactment of this subtitle; and (III) in the case of the 1983 crop of Burley tobacco, 5 years from the end of the 2-year period referred to in subsection (a)(3)(B). (2)(A)(i) The percentage to be purchased by each participating manufacturer shall be at least equal to the respective percentage of the participating manufacturer of the total quantity of net cigarettes manufactured for use as determined by the Secretary of Agriculture under this paragraph on the basis of the monthly reports ("Manufacturer of Tobacco Products—Monthly Reports) submitted (on ATF Form 3068) by manufacturers of tobacco products to the Bureau of Alcohol, Tobacco and Firearms of the Department of the Treasury. (ii) The Secretary of Agriculture shall request from the Secretary of the Treasury copies of such monthly reports necessary to make the determinations required under this section. (iii) Notwithstanding any other provision of law, the Secretary of the Treasury may release and disclose such information to the Secretary of Agriculture. (B) "Net cigarettes manufactured for use" shall be computed by subtracting— (i) the cumulative figures entered for large and small cigarettes in item 16f of ATF Form 3068 ("Reduction to tobacco"); from (ii) the cumulative figures entered for large and small cigarettes in item 7 of such form ("Manufactured'). (C)(i) The percentage to be purchased by each participating manufacturer shall be determined—

71-19A 0 - 89 - 6: QL 3 Parti

100 STAT. 97

�


text:
Page:Collodi - The Story of a Puppet, translation Murray, 1892.djvu/121

 for your breakfast to-morrow. Have we understood each other clearly?'

'Only too clearly! . . .' answered Pinocchio, and he shook his head threateningly as much as to say: 'You shall hear of this shortly!'

The four polecats thinking themselves safe repaired to the poultry-yard, which was close to the kennel, and having opened the wooden gate with their teeth and claws, they slipped in one by one. But they had only just passed through when they heard the gate shut behind them with great violence.

It was Pinocchio who had shut it; and for greater security he put a large stone against it to keep it closed.

He then began to bark, and he barked exactly like a watch-dog: bow-wow, bow-wow.

Hearing the barking the peasant jumped out of bed, and taking his gun he came to the window and asked:

'What is the matter?'

'There are robbers!' answered Pinocchio.

'Where are they?'

'In the poultry-yard.'

'I will come down directly.'

In fact, in less time than it takes to say Amen, the peasant came down. He rushed into the poultry-yard, caught the polecats, and having put them into a sack, he said to them in a tone of great satisfaction:


text:
Page:United States Statutes at Large Volume 100 Part 1.djvu/134

 100 STAT. 98

PUBLIC LAW 99-272—APR. 7, 1986 (I) on the date of enactment of this subtitle; and (II) annually thereafter over the course of the respective buyout periods specified in this subsection. (ii) Such percentage shall be determined by dividing— (I) the average net cigarettes manufactured by a manufacturer for use for the 12-month period immediately preceding the appropriate determination date (the date of enactment of this subtitle and annually thereafter over the course of the respective buy-out periods specified in this subsection); by (II) the aggregate average net cigarettes manufactured by all domestic cigarette manufecturers for use for such 12-month period. (D)(i) The quantity of tobacco to be purchased by each participating manufacturer shall be determined annually, (ii) Such quantity shall be based on— (I) the percentage of net cigarettes of a manufacturer manufactured for use, as determined under subparagraph (C); multiplied by (II) the appropriate annual quantity to be withdrawn from the inventories of the associations or the Commodity Credit Corporation. (iii) The appropriate annual quantity to be withdrawn from inventories shall be— (I) 12y2 percent of the inventories of Flue-cured tobacco from the 1976 through 1984 crops on hand on the date of enactment of this subtitle; (II) 20 percent of the inventories of Burley tobacco from the 1982 and 1984 crops on hand on the date of enactment of this subtitle; and (III) 20 percent of the inventories of Burley tobacco from the 1983 crop held by the Commodity Credit Corporation on the date that is 2 years after the call of the loans on such tobacco by the Corporation. (E) Any purchases by a manufacturer from the inventories of the associations or from the Commodity Credit Corporation for a crop covered by this section in any year of the buy-out period that exceed the quantity of the purchases of the manufacturer required under the agreement, as determined under this section, shall be applied against future purchases required of such manufacturer. (3) In carrying out this section, manufacturers may confer with one another and, separately or collectively, with associations, the Secretary of Agriculture, and the Commodity Credit Corporation, as may be necessary or appropriate to carry out this section and the purposes of this subtitle. (d) APPROVAL OF AGREEMENTS.—(1)(A) Each agreement entered into under this section shall be submitted to the Secretary of Agriculture for review and approval. (B) In the case of an agreement to purchase tobacco from the inventory of a producer association, the agreement shall be submitted by the association. (C) No agreement may become effective until approved by the Secretary. (2) The Secretary of Agriculture shall not approve any agreement suljmitted under this section unless the Secretary has determined that— (A) the agreement—

�


text:
User:Dick Bos

You can find me also on:
 * Dutch Wikisource-logo.svg Wikisource as s:nl:Gebruiker:Dick Bos;
 * Dutch Wikipedia-logo-v2.svg Wikipedia as: w:nl:Gebruiker:Dick Bos;
 * English Wikipedia as: w:en:User:Dick Bos;
 * Commons-logo.svg Wikimedia Commons as: c:User:Dick Bos;
 * Wikidata-logo.svg Wikidata as: d:User:Dick Bos.

See my complete list of accounts on meta.

Wilma is also active here since 12 Dec. 2011 as user:WeeJeeVee (talk|contribs).

Subpages

 * My contributions from 2011 until now
 * separate: Zoologist (from 2018 onward) and The Trees of Great Britain & Ireland (from 2024 onward)
 * About proofreading, and working with DjVu-files etc.
 * Templates overview, and some other editing help
 * Botanical and ornithological authors
 * Other authors
 * Interesting projects; take a look here to find some of the interesting projects (finished or in a early stage) that I found on en-wikisource;
 * ToDo
 * Personal preferences, scripts etc.
 * Searching Wikisource-en
 * About the relation between Wikisource and Wikidata
 * Wishlist: Books etc., not yet on Wikisource
 * Handy: about old synonyms for birds
 * Sandbox
 * Complete list of subpages

Some important pages on Wikisource

 * WikiSource Page Game - new tool for creating pagelists
 * Help:Copyright tags
 * Annotations and Wikilinks
 * Naming conventions - under construction (since 2014)
 * For Wikipedians - as the text describes: introduction to Wikisource for Wikipedians. <- interesting to "translate" to nl-ws!
 * Wikisource_Community_User_Group
 * Scriptorium Help
 * Everything you always wanted to know about hyphens and dashes (but were afraid to ask, of course!), as written down in the Wikipedia Manual of Style.
 * books requiring validation
 * about TemplateScript: TemplateScript
 * Wilma's user page
 * DjVu_vs._PDF
 * about purging: w:en:Wikipedia:Purging ->.
 * Authority control

"Proofread of the Month"-awards
(older things below)

nl:Gebruiker:Dick Bos de:Benutzer:Dick Bos

title: User:Dick Bos


text:
Page:United States Statutes at Large Volume 100 Part 1.djvu/135

 PUBLIC LAW 99-272—APR. 7, 1986

100 STAT. 99

(i) will not unduly impair or disrupt the orderly marketing of current and future tobacco crops during the term of the agreement; and (ii) is otherwise consistent with the purposes of this subtitle; and (B) the price and other terms of sale are uniform and nondiscriminatory among various purchasers. (e) DISCLOSURE.—The limitations on disclosure set forth in subsections (c) and (d) of section 320A of the Agricultural Adjustment Act of 1938 (as added by section 1103(d)) shall apply to information submitted by domestic manufacturers of cigarettes under this section with respect to net cigarettes manufactured for use, including information provided on ATF Form 3068. Any officer or employee of the Department of Agriculture who violates such limitations on disclosure shall be subject to the penalties set forth in section 320A(c)(4)ofsuchAct. SEC. 1110. REVIEW OF TOBACCO GRADING SYSTEM AND DISASTER CROP DESIGNATION.

(a) STUDY.—(1)(A) The Secretary of Agriculture shall conduct a comprehensive study of the methods and procedures for grading tobacco marketed in the United States. (B) In carrying out such study, the Secretary shall evaluate, among other things— (i) the extent to which grades assigned to tobacco accurately reflect the quality of such tobacco; (ii) the extent to which the number of grades of tobacco affects the operation of the grading system; and (iii) the competence and independence of tobacco graders. (2) The Secretary shall also study the feasibility and desirability of— (A) providing for a grade that would be used to designate tobacco that is of such poor quality as a result of a natural disaster as to affect substantially the marketability of such tobacco; and (B) establishing a price support level, if any, for such tobacco that may be adjusted by the Secretary as necessary to facilitate the sale of such tobacco and protect the no net cost funds or accounts. (b) REPORT.—(1) Not later than 120 days after the date of enact- Congress, ment of this subtitle, the Secretary of Agriculture shall report the results of the studies required under subsection (a), together with any recommendations for necessary legislation, to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate. (2) As soon as practicable after submission of the report required under paragraph (1), but not later than the opening of the marketing season for the 1986 crop of Flue-cured tobacco, the Secretary shall implement any recommendations made in such report that may be implemented by the Secretary under existing authority. SEC. nil. INVESTMENT OF TOBACCO INSPECTION FEES. Section 5 of the Tobacco Inspection Act (7 U.S.C. 51 Id) is amended— (1) by inserting "late payment penalties, and interest earned from the investment of such funds," after "The fees and charges," in the ninth sentence;

/

�


text:
Page:United States Statutes at Large Volume 100 Part 1.djvu/136

 100 STAT. 100

7 USC 5lle.

7 USC 1445 note.

PUBLIC LAW 99-272—APR. 7, 1986 (2) by inserting after the ninth sentence the following new sentences: "Any funds realized from the collection of fees or charges authorized under this section and section 6 and credited to the current appropriation account incurring the cost of services provided under this section and section 6, late payment penalties, and interest earned from the investment of such funds may be invested by the Secretary in insured or fully collateralized, interest-bearing accounts or, at the discretion of the Secretary, by the Secretary of the Treasury in United States Government debt instruments. Any income realized from this activity may be used to pay the expenses of the Secretary of Agriculture incident to providing services under this Act or reinvested in the manner authorized in the preceding sentence."; and (3) by striking out "Such fees and charges" in the tenth sentence (as it existed before the amendment made by clause (2)) and inserting in lieu thereof "The fees and charges authorized in this section".

SEC. 1112. EFFECTIVE DATE.

Except as otherwise provided in this subtitle, this subtitle and the amendments made by this subtitle shall become effective on the date of enactment of this subtitle.

TITLE II—ARMED SERVICES AND DEFENSE-RELATED PROGRAMS SEC. 2001. COLLECTION BY THE UNITED STATES OF INPATIENT HOSPITAL COSTS INCURRED ON BEHALF OF CERTAIN PERSONS.

(a) IN GENERAL.—(1) Chapter 55 of title 10, United States Code, is amended by adding at the end thereof the following new section: 10 USC 1095. Insurance. Health and 99 Stat 656^ 10 USC 1076.

"§ 1095. Collection from third-party payers of reasonable inpatient hospital care costs incurred on behalf of retirees and dependents "(a)(1) In the case of a person who is covered by section 1074(b), 1076(a), or 1076(b) of this title, the United States shall have the right ^^ Collect from a third-party payer the reasonable costs of inpatient hospital care incurred by the United States on behalf of such person through a facility of the uniformed services to the extent that the person would be eligible to receive reimbursement or indemnification from the third-party payer if the person were to incur such costs on the person's own behalf. If the insurance, medical service, or health plan of that payer includes a requirement for a deductible or copayment by the beneficiary of the plan, then the amount that the United States may collect from the third-party payer is the reasonable cost of the care provided less the appropriate deductible or copayment amount. "(2) A person covered by section 1074(b), 1076(a), or 1076(b) of this title may not be required to pay an additional amount to the United States for inpatient hospital care by reason of this section. "(b) No provision of any insurance, medical service, or health plan contract or agreement having the effect of excluding from coverage or limiting payment of charges for certain care if that care is

�


text:
Page:United States Statutes at Large Volume 100 Part 1.djvu/137

 PUBLIC LAW 99-272—APR. 7, 1986

100 STAT. 101

provided through a faciHty of the uniformed services shall operate to prevent collection by the United States under subsection (a). "(c) Under regulations prescribed under subsection (f), records of the facility of the uniformed services that provided inpatient hospital care to a beneficiary of an insurance, medical service, or health plan of a third-party payer shall be made available for inspection and review by representatives of the payer from which collection by the United States is sought. "(d) Notwithstanding subsections (a) and (b), collection may not be made under this section in the case of a plan administered under title XVIII or XIX of the Social Security Act (42 U.S.C. 1395 et seq.). 42 USC 1396. "(e)(1) The United States may institute and prosecute legal proceedings against a third-party payer to enforce a right of the United States under this section. "(2) The administering Secretary may compromise, settle, or waive a claim of the United States under this section. "(f) The Secretary of Defense, in consultation with the other Regulations, administering Secretaries, shall prescribe regulations for the administration of this section. Such regulations shall provide for computation of the reasonable cost of inpatient hospital care. Computation of such reasonable cost may be based on— "(1) per diem rates; or "(2) such other method as may be appropriate. "(g) In this section, 'third-party payer' means an entity that provides an insurance, medical service, or health plan by contract or agreement.". (2) The table of sections at the beginning of such chapter is amended by adding at the end thereof the following new item: "1095. Collection from third-party payers of reasonable inpatient hospital care costs incurred on behalf of retirees and dependents.".

(b) EFFECTIVE DATE.—Section 1095 of title 10, United States Code, 10 USC 1095 as added by subsection (a), shall apply with respect to inpatient note. hospital care provided after September 30, 1986, but only with respect to an insurance, medical service, or health plan agreement entered into, amended, or renewed on or after the date of the enactment of this Act. SEC. 2002. EXTENSION OF DEADLINE FOR REPORT ON USE BY CHAMPUS SYSTEM OF MEDICARE PROSPECTIVE PAYMENT PROGRAM.

Section 634(c) of the Department of Defense Authorization Act, 1985 (Public Law 98-525; 98 Stat. 2544), is amended by striking out "February 28, 1985" and inserting in lieu thereof "June 30, 1986",

TITLE III—HOUSING AND COMMUNITY DEVELOPMENT PROGRAMS SEC. 3001. SHORT TITLE AND TABLE OF SECTIONS.

(a) SHORT TITLE.—This title may be cited as the "Housing and Community Development Reconciliation Amendments of 1985". (b) TABLE OF SECTIONS.— Sec. 3001. Short title and table of sections. Sec. 3002. Purchase of CDBG guaranteed obligations by the Federal Financing Bank. Sec. 3003. Public housing operating subsidies.

Housing and Community Development Reconciliation Amendments of 1985. 42 USC 5301 note.

�


text:
Page:United States Statutes at Large Volume 100 Part 1.djvu/138

 100 STAT. 102

PUBLIC LAW 99-272—APR. 7, 1986

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

3004. 3005. 3006. 3007.

Public and Indian housing financing reforms. Rural housing authorizations. Management of insured and guaranteed rural housing loans. Extension of Federal Housing Administration mortgage insurance programs. 3008. Extension of rehabilitation loan authority. 3009. Extension of rural housing authorities. 3010. Extension of flood and crime insurance programs. 3011. Miscellaneous extensions.

SEC. 3002. PURCHASE OF CDBG GUARANTEED OBLIGATIONS BY THE FEDERAL FINANCING BANK. 42 USC 5308.

42 USC 5308 note. 42 USC 5308 note.

(a) PROHIBITION.—Section 108 of the Housing and Community Development Act of 1974 is amended by adding at the end thereof the following: "(1) Notes or other obligations guaranteed under this section may not be purchased by the Federal Financing Bank.". (b) EFFECTIVE DATE.—The amendment made by subsection (a) shall take effect on July 1, 1986, (c) ADMINISTRATIVE ACTIONS.—The Secretary of Housing and

Urban Development shall take such administrative actions as are necessary to provide by the effective date of subsection (a) private sector financing of loans guaranteed under section 108 of the Housing and Community Development Act of 1974. SEC. 3003. PUBLIC HOUSING OPERATING SUBSIDIES.

42 USC 1437g.

Section 9(c) of such Act is amended by striking out "and by" after "1983," and by inserting after "1984" the following: ", and not to exceed $1,279,000,000 on or after October 1, 1985". SEC. 3004. PUBLIC AND INDIAN HOUSING FINANCING REFORMS.

42 USC 1437b. Loans. Contracts.

Section 4 of the United States Housing Act of 1937 is amended by adding at the end thereof the following new subsection: "(c)(1) At such times as the Secretary may determine, and in accordance with such accounting and other procedures as the Secretary may prescribe, each loan made by the Secretary under subsection (a) that has any principal amount outstanding or any interest amount outstanding or accrued shall be forgiven; and the terms and conditions of any contract, or any amendment to a contract, for such loan with respect to any promise to repay such principal and interest shall be canceled. Such cancellation shall not affect any other terms and conditions of such contract, which shall remain in effect as if the cancellation had not occurred. This paragraph shall not apply to any loan the repayment of which was not to be made using annual contributions, or to any loan all or part of the proceeds of which are due a public housing agency from contractors or others. "(2)(A) On the date of the enactment of the Housing and Community Development Reconciliation Amendments of 1985, each note or other obligation issued by the Secretary to the Secretary of the Treasury pursuant to subsection (b), together with any promise to repay the principal and unpaid interest that has accrued on each note or obligation, shall be forgiven; and any other term or condition specified by each such obligation shall be canceled. "(B) On September 30, 1986, and on any subsequent September 30, each such note or other obligation issued by the Secretary to the Secretary of the Treasury pursuant to subsection (b) during the fiscal year ending on such date, together with any promise to repay the principal and unpaid interest that has accrued on each note or

�


text:
Page:United States Statutes at Large Volume 100 Part 1.djvu/139

 PUBLIC LAW 99-272—APR. 7, 1986

100 STAT. 103

obligation, shall be forgiven; and any other term or condition specified by each such obligation shall be canceled. "(3) Any amount of budget authority (and contract authority) that becomes available during any fiscal year as a result of the forgiveness of any loan, note, or obligation under this subsection shall be rescinded.". SEC. 3005. RURAL HOUSING AUTHORIZATIONS.

Subsection (a)(1) of section 513 of the Housing Act of 1949 is amended to read as follows: "(a)(1) The Secretary may insure and guarantee loans under this title during fiscal year 1986 in an aggregate amount not to exceed $2,146,600,000, of which— "(A) $1,209,600,000 shall be for loans under section 502; "(B) $17,000,000 shall be for loans under section 504; "(C) $19,000,000 shall be for loans under section 514; "(D) $900,000,000 shall be for loans under section 515; and "(E) $1,000,000 shall be for loans under section 524.".

42 USC 1483.

42 USC 1472. 42 USC 1474. 42 USC 1484. 42 USC 1485. 42 USC I490a.

SEC. 3006. MANAGEMENT OF INSURED AND GUARANTEED RURAL HOUSING LOANS. (a) SALE OF INSURED AND GUARANTEED LOANS TO PUBLIC.—Section

517(c) of the Housing Act of 1949 is amended by adding at the end 42 USC 1487. thereof the following new sentence: "Any loan made and sold by the Secretary under this section after the date of the enactment of the Housing and Community Development Reconciliation Amendments of 1985 (and any loan made by other lenders under this title that is insured or guaranteed in accordance with this section, is purchased by the Secretary, and is sold by the Secretary under this section after such date) shall be sold to the public and may not be sold to the Federal Financing Bank, unless such sale to the Federal Financing Bank is required to service transactions under this title between the Secretary and the Federal Financing Bank occurring on or before such date.". (b) INTEREST SUBSIDY ON INSURED AND GUARANTEED LOANS O F -

FERED FOR SALE TO PUBLIC.—Section 517(d) of the Housing Act of

1949 is amended— (1) by inserting "(1)" after the subsection designation; and (2) by adding at the end thereof the following new paragraph: "(2) Each loan made by the Secretary or other lenders under this title that is insured or guaranteed in accordance with this subsection shall, when offered for sale to the public, be accompanied by an agreement by the Secretary to pay to the holder of such loan (through an agreement to purchase such loan or through such other means as the Secretary determines to be appropriate) the difference between the rate of interest paid by the borrower of such loan and the market rate of interest (as determined by the Secretary) on obligations having comparable periods to maturity on the date of such sale.". (c) PROTECTION OF BORROWERS UNDER LOANS SOLD TO PUBLIC.—

Section 517(d) of the Housing Act of 1949, as amended by subsection (b) of this section, is amended by adding at the end thereof the following new paragraph: "(3) Each loan made by the Secretary or other lenders under this title that is insured or guaranteed in accordance with this subsection shall, when offered for sale to the public, be accompanied by

�