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Page:United States Statutes at Large Volume 100 Part 1.djvu/957

 PUBLIC LAW 99-408—AUG. 28, 1986

100 STAT. 921

"(C) the sale or delivery by a manufacturer or importer of such ammunition for the purposes of testing or experimenting authorized by the Secretary.". SEC. 3. Subparagraph (A) of section 923(a)(l) of title 18 of the United States Code is amended to read as follows: "(A) of destructive devices, ammunition for destructive devices or armor piercing ammunition, a fee of $1,000 per year;". SEC. 4, Subparagraph (C) of section 923(a)(1) of title 18 of the United States Code is amended to read as follows: "(C) of ammunition for firearms, other than ammunition for destructive devices or armor piercing ammunition, a fee of $10 per year.". SEC. 5. Subparagraphs (A) and (B) of section 923(a)(2) of title 18 of the United States Code are amended to read as follows: "(A) of destructive devices, ammunition for destructive devices or armor piercing ammunition, a fee of $1,000 per year; or "(B) of firearms other than destructive devices or ammunition for firearms other than destructive devices, or ammunition other than armor piercing ammunition, a fee of $50 per year.". SEC. 6. Section 923(e) of title 18, United States Code, is amended by inserting after the first sentence the following: "The Secretary may, after notice and opportunity for hearing, revoke the license of a dealer who willfully transfers armor piercing ammunition.". SEC. 7. Section 923 of title 18, United States Code, is amended by adding at the end thereof the following: "(k) Licensed importers and licensed manufacturers shall mark all armor piercing projectiles and packages containing such projectiles for distribution in the manner prescribed by the Secretary by regulation. The Secretary shall furnish information to each dealer licensed under this chapter defining which projectiles are considered armor piercing ammunition as defined in section 921(a)(17)(B).". SEC. 8. Section 929 of title 18 of the United States Code is amended— (1) in subsection (a)— (A) by striking out "violence including" and inserting "violence (including" in lieu thereof; (B) by striking out "device for" and inserting "device) for" in lieu thereof; (C) by striking out "uses or carries any handgun" and all that follows through "subsection (b)" and inserting in lieu thereof "uses or carries a firearm and is in possession of armor piercing ammunition capable of being fired in that firearm"; (D) by striking out "nor more than ten"; and (E) by striking out the last two sentences; and (2) so that subsection (b) reads as follows: "(b) Notwithstanding any other provision of law, the court shall not suspend the sentence of any person convicted of a violation of this section, nor place the person on probation, nor shall the terms of imprisonment run concurrently with any other terms of imprisonment, including that imposed for the crime in which the armor piercing ammunition was used or possessed. No person sentenced under this section shall be eligible for parole during the term of imprisonment imposed herein.". SEC. 9. The amendments made by this Act shall take effect on the date of enactment of this Act, except that sections 3, 4, and 5 shall

Research and development.

Ante, p. 453.

Ante, p. 460.

Law enforcement and crime.

Effective date. 18 USC 921 note.

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Page:United States Statutes at Large Volume 100 Part 1.djvu/958

 100 STAT. 922

PUBLIC LAW 99-408—AUG. 28, 1986

take effect on the first day of the first calendar month which begins more than ninety days after the date of the enactment of this Act. Ante, p. 920. SEC. 10. For purposes of section 921(a)(17XB) of title 18, United 18 USC 921 note. States Code, as added by the first section of this Act, "handgun" means any firearm including a pistol or revolver designed to be fired by the use of a single hand. The term also includes any combination of parts from which a handgun can be gissembled. Approved August 28, 1986.

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text:
Page:United States Statutes at Large Volume 100 Part 1.djvu/959

 PUBLIC LAW 99-409—AUG. 28, 1986

100 STAT. 923

Public Law 99-409 99th Congress An Act To authorize the Secretary of Agriculture to make grants for the pur{>ose of establishing institutes of rural technology development.

Aug. 28, 1986 [H.R. 4331]

Be it enacted by the Senate and House of Representatives of the Rural Industrial United States of America in Congress assembled, Assistance Act of SECTION 1. That this Act may be cited as the "Rural Industrial 1986. Assistance Act of 1986". 7 USC 1921 note. SEC. 2. Section 310B of the Consolidated Farm and Rural Development Act (7 U.S.C. 1932) is amended by CD adding at the end of subsection (a) the following: "No loan Loans, may be made, insured, or guaranteed under this subsection that exceeds $25,000,000 in principal amount."; and (2) effective on October 1, 1986, adding at the end thereof the Effective date. following: "(f)(1) The Secretary may make grants under this subsection to public and nonprofit private institutions for the purpose of enabling them to establish and operate centers of rural technology development that have, as a primary objective, the improvement of the economic condition of rural areas by promoting the development (through technological innovation and adaptation of existing technology) and commercialization of (A) new products that can be produced in rural areas, and (B) new processes that can be used in such production. "(2) Grants under this subsection may be made on a competitive basis. In making grants, the Secretary shall give preference to applicants that will establish centers for rural technology in areas that have (A) few industries and agribusinesses, (B) high levels of unemployment, (C) high rates of out-migration of people, business, and industries, and (D) low levels of per capita income. "(3) If grants are to be made under this subsection, the Secretary Regulations. shall issue regulations implementing this subsection that shall include provisions for the monitoring and evaluation of the rural technology development activities carried out by institutions that receive grants under this subsection.". Approved August 28, 1986.

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LEGISLATIVE HISTORY—H.R. 4331: CONGRESSIONAL RECORD, Vol. 132 (1986): Mar. 6, considered and passed House. Aug. 15, considered and passed Senate.

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Page:United States Statutes at Large Volume 100 Part 1.djvu/960

 100 STAT. 924

PUBLIC LAW 99-410—AUG. 28, 1986

Public Law 99-410 99th Congress An Act Aug. 28, 1986 [H.R. 4393]

Uniformed and Overseas Citizens Absentee Voting Act 42 USC 1973ff note.

To consolidate and improve provisions of law relating to absentee registration and voting in elections for Federal office by members of uniformed services and persons ^}jo reside overseas.

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

This Act may be cited as the "Uniformed and Overseas Citizens Absentee Voting Act".

TITLE I—REGISTRATION AND VOTING BY ABSENT UNIFORMED SERVICES VOTERS AND OVERSEAS VOTERS IN ELECTIONS FOR FEDERAL OFFICE 42 USC 1973ff. President of U.S.

State and local governments.

Reports.

SEC. 101. FEDERAL RESPONSIBILITIES. (a) PRESIDENTIAL DESIGNEE.—The President shall designate the head of an executive department to have primary responsibility for Federal functions under this title. (b) DUTIES OF PRESIDENTIAL DESIGNEE.—The Presidential designee shall— (1) consult State and local election officials in carrying out this title; (2) prescribe an official post card form, containing both an absentee voter registration application and an absentee ballot application, for use by the States as recommended in section 104; (3) carry out section 103 with respect to the Federal write-in absentee ballot for overseas voters in general elections for Federal office; (4) prescribe a suggested design for absentee ballot mailing envelopes for use by the States as recommended in section 104; (5) compile and distribute (A) descriptive material on State absentee registration and voting procedures, and (B) to the extent practicable, facts relating to specific elections, including dates, offices involved, and the text of ballot questions; and (6) not later than the end of each year after a Presidential election year, transmit to the President and the Congress a report on the effectiveness of assistance under this title, including a statistical analysis of voter participation and a description of State-Federal cooperation. (c) DUTIES OF OTHER FEDERAL OFFICIALS.—

(1) IN GENERAL.—The head of each Government department, agency, or other entity shall, upon request of the Presidential

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 PUBLIC LAW 99-410—AUG. 28, 1986

100 STAT. 925

designee, distribute balloting materials and otherwise cooperate in carrying out this title. (2) ADMINISTRATOR OF GENERAL SERVICES.—As directed by the

Presidential designee, the Administrator of General Services shall furnish official post card forms (prescribed under subsection (b)) and Federal write-in absentee ballots (prescribed under section 103). SEC. 102. STATE RESPONSIBILITIES.

42 USC 1973ff-l.

Each State shall— (1) permit absent uniformed services voters and overseas voters to use absentee registration procedures and to vote by absentee ballot in general, special, primary, and runoff elections for Federal office; (2) accept and process, with respect to any general, special, primary, or runoff election for Federal office, any otherwise valid voter registration application from an absent uniformed services voter or overseas voter, if the application is received by the appropriate State election official not less than 30 days before the election; and (3) permit overseas voters to use Federal write-in absentee ballots (in accordance with section 103) in general elections for Federal office. SEC. 103. FEDERAL WRITE-IN ABSENTEE BALLOT FOR OVERSEAS VOTERS IN GENERAL ELECTIONS FOR FEDERAL OFFICE.

42 USC 1973ff-2.

(a) IN GENERAL.—The Presidential designee shall prescribe a Federal write-in absentee ballot (including a secrecy envelope and mailing envelope for such ballot) for use in general elections for Federal office by overseas voters who make timely application for, and do not receive. States, absentee ballots. (b) SUBMISSION AND PROCESSING.—Except as otherwise provided in

this title, a Federal write-in absentee ballot shall be submitted and processed in the manner provided by law for absentee ballots in the State involved. A Federal write-in absentee ballot of an overseas voter shall not be counted— (1) if the ballot is submitted from any location in the United States; (2) if the application of the overseas voter for a State absentee ballot is received by the appropriate State election official less than 30 days before the general election; or (3) if a State absentee ballot of the overseas voter is received by the appropriate State election official not later than the deadline for receipt of the State absentee ballot under State law. (c) SPECIAL RULES.—The following rules shall apply with respect to Federal write-in absentee ballots: (1) In completing the ballot, the overseas voter may designate a candidate by writing in the name of the candidate or by writing in the name of a political party (in which case the ballot shall be counted for the candidate of that political party). (2) In the case of the offices of President and Vice President, a vote for a named candidate or a vote by writing in the name of a political party shall be counted as a vote for the electors supporting the candidate involved. (3) Any abbreviation, misspelling, or other minor variation in the form of the name of a candidate or a political party shall be

State and local governments.

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Page:United States Statutes at Large Volume 100 Part 1.djvu/962

 100 STAT. 926

PUBLIC LAW 99-410—AUG. 28, 1986 disregarded in determining the validity of the ballot, if the intention of the voter can be ascertained. (d)

SECOND

BALLOT

SUBMISSION;

INSTRUCTION

TO OVERSEAS

VOTER.—An overseas voter who submits a Federal write-in absentee ballot and later receives a State absentee ballot, may submit the State absentee ballot. The Presidential designee shall assure that the instructions for each Federal write-in absentee ballot clearly state that an overseas voter who submits a Federal write-in absentee ballot and later receives and submits a State absentee ballot should make every reasonable effort to inform the appropriate State election official that the voter has submitted more than one ballot. (e) USE OF APPROVED STATE.ABSENTEE BALLOT IN PLACE OF FEDERAL WRITE-IN ABSENTEE BALLOT.—The Federal write-in absentee

ballot shall not be valid for use in a general election if the State involved provides a State absentee ballot that— (1) at the request of the State, is approved by the Presidential designee for use in place of the Federal write-in absentee ballot; and (2) is made available to overseas voters at least 60 days before the deadline for receipt of the State ballot under State law. (f) CERTAIN STATES EXEMPTED.—A State is not required to permit use of the Federal write-in absentee ballot, if, on and after the date of the enactment of this title, the State has in effect a law providing that— (1) a State absentee ballot is required to be available to any voter described in section 107(5)(A) at least 90 days before the general election involved; and (2) a State absentee ballot is required to be available to any voter described in section 107(5)(B) or (C), as soon as the official list of candidates in the general election is complete. 42 USC 1973ff-3. SEC. 104. RECOMMENDATIONS TO THE STATES TO MAXIMIZE ACCESS TO THE POLLS BY ABSENT UNIFORMED SERVICES VOTERS AND OVERSEAS VOTERS. To afford maximum access to the polls by absent uniformed services voters and overseas voters, it is recommended that the States— (1) use the official post card form (prescribed under section 101) for simultaneous voter registration application and absentee ballot application; (2) adopt the suggested design for absentee ballot mailing envelopes prescribed under section 101; (3) waive registration requirements for absent uniformed services voters and overseas voters who, by reason of service or residence, do not have an opportunity to register; (4) if an application other than an official post card form (prescribed under section 101) is required for absentee registration, provide that registration forms be sent with the absentee ballot and may be returned with it; (5) expedite processing of balloting materials with respect to absent uniformed services voters and overseas voters; (6) permit any oath required for a document under this title to Armed Forces. be administered by a commissioned officer of the Armed Forces or any official authorized to administer oaths under Federal law or the law of the State or other place where the oath is i,... administered; ~.. ~, _..

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Page:United States Statutes at Large Volume 100 Part 1.djvu/963

 PUBLIC LAW 99-410—AUG. 28, 1986

100 STAT. 927

(7) assure that absentee ballots are maijed to absent uni- Uniformed formed services voters and overseas voters at the earliest services. opportunity; (8) assist the Presidential designee in compiling statistical and other information relating to this title; and (9) provide late registration procedures for persons recently Armed Forces, separated from the Armed Forces. SEC. 105. ENFORCEMENT.

42 USC 1973ff-4.

The Attorney General may bring a civil action in an appropriate district court for such declaratory or injunctive relief as may be necessary to carry out this title. SEC. 106. EFFECT ON CERTAIN OTHER LAWS.

The exercise of any right under this title shall not affect, for purposes of any Federal, State, or local tax, the residence or domicile of a person exercising such right. SEC. 107. DEFINITIONS.

As used in this title, the term— (1) "absent uniformed services voter" means— (A) a member of a uniformed service on active duty who, by reason of such active duty, is absent from the place of residence where the member is otherwise qualified to vote; (B) a member of the merchant marine who, by reason of service in the merchant marine, is absent from the place of residence where the member is otherwise qualified to vote; and •' (C) a spouse or dependent of a member referred to in subparagraph (A) or (B) who, by reason of the active duty or service of the member, is absent from the place of residence where the spouse or dependent is otherwise qualified to vote; (2) "balloting materials" means official post card forms (prescribed under section 101), Federal write-in absentee ballots (prescribed under section 103), and any State balloting materials that, as determined by the Presidential designee, are essential to the carrying out of this title; (3) "Federal office" means the office of President or Vice President, or of Senator or Representative in, or Delegate or Resident Commissioner to, the Congress; (4) "member of the merchant marine" means an individual (other than a member of a uniformed service or an individual employed, enrolled, or maintained on the Great Lakes or the inland waterways)— (A) employed as an officer or crew member of a vessel documented under the laws of the United States, or a vessel owned by the United States, or a vessel of foreign-flag registry under charter to or control of the United States; or (B) enrolled with the United States for employment or training for employment, or maintained by the United States for emergency relief service, as an officer or crew member of any such vessel; (5) "overseas voter" means— (A) an absent uniformed services voter who, by reason of active duty or service is absent from the United States on the date of the election involved;

42 USC 1973ff-5.

42 USC 1973ff-6.

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Page:United States Statutes at Large Volume 100 Part 1.djvu/964

 100 STAT. 928

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PUBLIC LAW 99-410—AUG. 28, 1986 (B) a person who resides outside the United States and is qualified to vote in the last place in which the person was domiciled before leaving the United States; or (C) a person who resides outside the United States and (but for such residence) would be qualified to vote in the last place in which the person was domiciled before leaving the United States. (6) "State" means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin Islands, and American Samoa; (7) "uniformed services" means the Army, Navy, Air Force, Marine Corps, and Coast Guard, the commissioned corps of the Public Health Service, and the commissioned corps of the National Oceanic and Atmospheric Administration; and (8) "United States", where used in the territorial sense, means the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin Islands, and American Samoa.

TITLE II—POSTAL, CRIMINAL, AND GENERAL PROVISIONS SEC. 201. AMENDMENTS TO TITLE 39, UNITED STATES CODE.

(a) IN GENERAL.—Chapter 34 of title 39, United States Code, is amended by adding at the end the following new section: 39 USC 3406.

39 USC 406.

"§ 3406. Balloting materials under the Uniformed and Overseas Citizens Absentee Voting Act "(a) Balloting materials under the Uniformed and Overseas Citizens Absentee Voting Act (individually or in bulk)— "(1) shall be carried expeditiously and free of postage; and "(2) may be mailed at a post office established outside the United States under section 406 of this title, unless such mailing is prohibited by treaty or other international agreement of the United States. "(b) As used in this section, the term 'balloting materials' has the meaning given that term in section 107 of the Uniformed and Overseas Citizens Absentee Voting Act.". (b) TECHNICAL AMENDMENTS.—

(1) The table of sections for chapter 34 of title 39, United States Code, is amended by adding at the end the following new item: "3406. Balloting materials under the Uniformed and Overseas Citizens Absentee Voting Act.".

Post, p. 930. Post, p. 930.

(2) The first sentence of section 2401(c) of title 39, United States Code, is amended— (A) by striking out "3405" and inserting in lieu thereof "3406"; and (B) by striking out "the Overseas Citizens Voting Rights Act of 1975, and the Federal Voting Assistance Act of 1955". (3) Section 3627 of title 39, United States Code, is amended— (A) by striking out "3405" and inserting in lieu thereof "3406"; and

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 PUBLIC LAW 99-410—AUG. 28, 1986

100 STAT. 929

(B) by striking out "under the Federal Voting Assistance Act of 1955, or under the Overseas Citizens Voting Rights Act of 1975". (4) Section 3684 of title 39, United States Code, is amended by striking out ", or of the Federal Voting Assistance Act of 1955". SEC. 202. AMENDMENTS TO TITLE 18, UNITED STATES CODE.

(a) IN GENERAL.—Chapter 29 of title 18, United States Code, is amended by adding at the end the following new sections: "§ 608. Absent uniformed services voters and overseas voters "(a) Whoever knowingly deprives or attempts to deprive any person of a right under the Uniformed and Overseas Citizens Absentee Voting Act shall be fined in accordance with this title or imprisoned not more than five years, or both. "(b) Whoever knowingly gives false information for the purpose of establishing the eligibility of any person to register or vote under the Uniformed and Overseas Citizens Absentee Voting Act, or pays or offers to pay, or accepts payment for registering or voting under such Act shall be fined in accordance with this title or imprisoned not more than five years, or both. "§ 609. Use of military authority to influence vote of member of Armed Forces "Whoever, being a commissioned, noncommissioned, warrant, or petty officer of an Armed Force, uses military authority to influence the vote of a member of the Armed Forces or to require a member of the Armed Forces to march to a polling place, or attempts to do so, shall be fined in accordance with this title or imprisoned not more than five years, or both. Nothing in this section shall prohibit free discussion of political issues or candidates for public office.". (b) TECHNICAL AMENDMENT.—The table of sections for chapter 29 of title 18, United States Code, is amended by adding at the end the following: "608. Absent uniformed services voters and overseas voters. "609. Use of military authority to influence vote of member of Armed Forces.".

71_194 0 - 89 - 32: (X 3 Parti

Law enforcement and crime. 18 USC 608.

18 USC 609.

Freedom of speech.

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Page:United States Statutes at Large Volume 100 Part 1.djvu/966

 100 STAT. 930

PUBLIC LAW 99-410—AUG. 28, 1986 SEC. 203. REPEALS.

The Federal Voting Assistance Act of 1955 (42 U.S.C. 1973cc et seq.) and the Overseas Citizens Voting Rights Act of 1975 (42 U.S.C. 1973dd et seq.) are repealed. 42 USC 1973ff

SEC. 204. EFFECTIVE DATE.

The amendments and repeals made by this Act shall apply with respect to elections taking place after December 31, 1987. Approved August 28, 1986.

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LEGISLATIVE HISTORY—H.R. 4393: HOUSE REPORTS: No. 99-765 (Comm. on House Administration). CONGRESSIONAL RECORD, Vol. 132 (1986): Aug. 12, considered and passed House. Aug. 15, considered and passed Senate.

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Page:United States Statutes at Large Volume 100 Part 1.djvu/967

 PUBLIC LAW 99-411—AUG. 28, 1986

100 STAT. 931

Public Law 99-411 99th Congress Joint Resolution Making a repayable advance to the Hazardous Substance Response Trust Fund.

Aug. 28, 1986 [H.J. Res. 713]

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That language under the Contracts, heading "Environmental Protection Agency, Hazardous Substance Response Trust Fund" in Public Law 99-160, as amended by Public Law 99-270, is further amended by deleting "$750,000,000 shall be Ante, p. 80. 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 42 USC 9633. 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, to remain available until expended: Provided," and inserting in lieu thereof "$702,000,000 shall be derived from the Hazardous Substance Response Trust Fund and $198,000,000 shall be derived from advances 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 made available by Public Law 99-270 shall be available for obligation after May 31, 1986: Provided further. That of the additional $48,000,000 made immediately available, $15,000,000 shall be obligated by September 30, 1986, for continuation of ongoing remedial and removal site work and $19,000,000 shall be used only to continue ongoing contracts and to replace contracts for essential services: Provided further, That all funds appropriated shall remain available until expended, except as specified above: Provided further,". Approved August 28, 1986.

LEGISLATIVE HISTORY—H.J. Res. 713: CONGRESSIONAL RECORD, Vol. 132 (1986): Aug. 15, considered and passed House and Senate.

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Page:United States Statutes at Large Volume 100 Part 1.djvu/968

 100 STAT. 932

PUBLIC LAW 99-412—AUG. 28, 1986

Public Law 99-412 99th Congress An Act Aug. 28, 1986 [S. 410] Conservation Service Reform Act of 1986. Energy. 42 USC 8201 note.

To reform the Residential Conservation Service and to repeal the Commercial and Apartment Conservation Service.

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

This Act may be cited as the "Conservation Service Reform Act of 1986". TITLE 1—RESIDENTIAL CONSERVATION SERVICE SEC. 101. RESTATEMENT OF FINDINGS.

Section 102(a) of the National Energy Conservation Policy Act (42 U.S.C. 8201(a)) (relating to findings) is amended to read as follows: "(a) FINDINGS.—The Congress finds that— "(1) the United States has survived a period of energy shortage and has made significant progress toward improving energy efficiency in all sectors of the economy; "(2) effective measures must continue to be taken by the Federal Government and other users and suppliers of energy to control the rate of growth of demand for energy and the efficiency of its use; "(3) the continuation of this effort will permit the United States to become increasingly independent of the world oil market, less vulnerable to interruption of foreign oil supphes, and more able to provide energy to meet future needs; and "(4) all sectors of the economy of the United States should continue to reduce significantly the demand for nonrenewable energy resources such as oil and natural gas by implementing and maintaining effective conservation measures for the efficient use of these and other energy sources.". SEC. 102. CHANGES IN CERTAIN PLAN REQUIREMENTS. Utilities.

Post, p. 934. 42 USC 8216 note.

(a) INFORMATION REQUIREMENTS MADE APPLICABLE UNTIL J U N E 30,

1989.—(1) Section 215(a) and section 217(a)(1) of the National Energy Conservation Policy Act (42 U.S.C. 8216(a) and 42 U.S.C. 8218(a)(l)) relating to utility programs and home heating supplier programs) are amended by striking out "January 1, 1985" each place it appears and inserting in lieu thereof "June 30, 1989 (but not more often than once during the period beginning on the date of the enactment of the Conservation Service Reform Act of 1986 and ending on June 30, 1989)". (2)(A) Section 215(d) of such Act (42 U.S.C. 8216(d)) is amended by striking out "January 1, 1985" and inserting in lieu thereof "June 30, 1989". (B) The amendment made by subparagraph (A) shall apply only with respect to persons who become customers of a utility after the date of the enactment of this Act.

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Page:United States Statutes at Large Volume 100 Part 1.djvu/969

 PUBLIC LAW 99-412—AUG. 28, 1986

100 STAT. 933

(b) EUMINATION OF REQUIREMENTS T H A T P U B U C UTILITIES ARRANGE FOR INSTALLATION O F SUGGESTED M E A S U R E S AND FOR RELATED LOANS; EUMINATION OF LISTING REQUIREMENTS.—

(1) Section 215(b) of such Act (42 U.S.C. 8216(b)) (relating to project manager requirements) is amended— (A) by striking out "Each utihty program shall include" through "procedures" and inserting in lieu thereof "Each E*i#;'. utility program shall include procedures"; (B) by striking out "to" through "inspect" and inserting in lieu thereof "to inspect"; and (C) by striking out inspection;" and all that follows and • inserting in lieu thereof "inspection.". (2) Section 217(a)(2) of such Act (42 U.S.C. 8218(a)(2)) (relating to home heating supplier programs) is amended— (A) by striking out will—" through "inspect" and inserting in lieu thereof "will inspect"; and f (B) by striking out "installing, suggested measures;" and all that follows and inserting in lieu thereof "installing, suggested measures.". vt (3) Section 213(a) of such Act (42 U.S.C. 8214(a)) (relating to general plan requirements) is amended— (A) by striking out paragraphs (2) and (3); and (B) by redesignating paragraphs (4) through (9) as paragraphs (2) through (7), respectively. (c) RULES.—Section 212(b)(2) of such Act (42 U.S.C. 8213(b)(2)) (relating to rules of the Secretary) is amended— (1) by striking out subparagraphs (E) and (F), and (2) by inserting "and" at the end of subparagraph (C). (d) DEFINITIONS.—(1) Section 210(9) of such Act (42 U.S.C. 8211(9)) (relating to definitions) is amended to read as follows: "(9) The term 'residential building' means any building used for residential occupancy which is not a new building to which final standards under section 304(a) of the Energy Conservation and Production Act apply and which has a system for heating or cooling, or both.". (2) Section 212(c)(4) of such Act (42 U.S.C. 8213(c)(4)) (relating to TVA) is amended to read as follows: "(4) In the case of the Tennessee Valley Authority or any public utility with respect to which the Tennessee Valley Authority has ratemaking authority, the authority otherwise vested in a Governor, a State regulatory authority, a State agency, or an agency or instrumentality of a State under this part shall be vested in the Tennessee Valley Authority.". (e) EXEMPTION.—Section 215 of such Act (42 U.S.C. 8216) (relating to utility programs), as amended by subsection (h)(7) of this section, is amended by adding at the end the following new subsection: "(g) EXEMPTION OF CERTAIN MULTIFAMILY BUILDINGS.—The provisions of this section shall not apply to any building which has five or more dwelling units and which does not contain individual meters for the dwelling units therein.". (f) EFFECT OF 1986 AMENDMENTS ON APPROVED PLANS FOR PURPOSES OF FEDERAL STANDBY AUTHORITY.—Section 219 of such Act (42

U.S.C. 8220) (relating to Federal standby authority) is amended by adding at the end thereof the following new subsection: "(e) PLANS APPROVED BEFORE 1986 AMENDMENTS.—For purposes of

this section, any residential energy conservation plan which was approved by the Secretary before the effective date of the Conserva-

42 USC 6833 Tennessee Valley Authority. State and local governments.

Post, p. 934.

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Page:United States Statutes at Large Volume 100 Part 1.djvu/970

 100 STAT. 934

PUBLIC LAW 99-412—AUG. 28, 1986

tion Service Reform Act of 1986 shall be treated as an approved plan which is adequately implemented if such plan is adequately implemented in accordance with the requirements of this Act as amended by the Conservation Service Reform Act of 1986.". (g) TEMPORARY EXEMPTIONS.—Section 218(a) of such Act (42 U.S.C. 8219(a)) (relating to temporary exemptions) is amended by striking out the last sentence and inserting in lieu thereof the following: "Such temporary exemption may be granted or renewed until such date as determined by the Secretary.". (h) CONFORMING AMENDMENTS.—

Ante, p. 932.

Ante, p. 933.

42 USC 8211 note. 42 USC 8201 note not "° ^

42 USC 8213. State and local

governments.

(1) Section 210(16) of such Act (42 U.S.C. 8211(16)) is amended by striking out "215(b)(1)(A)" and inserting in lieu thereof "215(b)". (2) Section 212(b)(2)(C) of such Act (42 U.S.C. 8213(b)(2)(C)) is aipended by striking out "213(a)(4)" and inserting in lieu thereof "213(a)(2)". (3) Section 213(b)(2)(A) of such Act (42 U.S.C. 8214(b)(2)(A)) is amended by striking out "215(b)(1)" and inserting in lieu thereof "215(b)". (4) Section 214(b) of such Act (42 U.S.C. 8215(b)) is amended by striking out "(8)" and inserting in lieu thereof "(6)". (5) Section 215(a)(3) of such Act (42 U.S.C. 8216(a)(3)) is amended by striking out "and the lists referred to in section 213(a)(2) and (3)". (6) Section 215(d) of such Act (42 U.S.C. 8216(d)) is amended by striking out ", the offer required under subsection (b)(l)(A)" and all that follows and by inserting in lieu thereof "and the offer required under subsection (b).". (7) Section 215 of such Act (42 U.S.C. 8216) is amended by striking out subsection (f) and by redesignating subsection (g) as subsection (f). (8) Section 216(c)(l) of such Act (42 U.S.C. 8217(c)(l)) is amended by striking out subparagraph (A) and by redesignating subparagraphs (B) and (C) as subparagraphs (A) and (B), respectively. (9) Section 216(c)(2)(C) of such Act (42 U.S.C. 8217(c)(2)(C)) is amended by striking out "on the lists referred to in section 213(a)(2)". (i) STATUTORY CONSTRUCTION.—Nothing in the amendments made by subsections (b), (c), (g), and (h) shall prevent implementation of a plan or program pursuant to the National Energy (Ilonservation Policy Act as in effect before the date of the enactment of this Act. (j) EFFECTIVE DATE AND OTHER REQUIREMENTS.— ^^^ ^^ GENERAL.—The amendments made by this section shall take effect one hundred and eighty days after the date of the enactment of this Act. (2) RULES.—The Secretary of Energy shall, within the one hundred and eighty-day period referred to in paragraph (1), amend the rules promulgated under section 212 of the National Energy Conservation Policy Act to carry out the amendments made by this Act. (3) SPECIAL REQUIREMENT FOR PLANS APPROVED BEFORE 1986

AMENDMENTS.—The Secretary of Energy shall, with respect to any residential energy conservation plan approved by the Secretary of Energy before the effective date (as described in paragraph (1)) of the amendments made by this section, require the appropriate official in charge of such plan to notify the

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text:
Page:United States Statutes at Large Volume 100 Part 1.djvu/971

 PUBLIC LAW 99-412—AUG. 28, 1986

100 STAT. 935

Secretary of Energy, within one hundred and twenty days of the date of enactment of this Act, that the amendments made by subsections (a), (d), and (e) of this section shall be implemented for the duration of such plan. The Secretary may not impose any other notice or approval requirement on a Governor or agency or instrumentality of a State with respect to such amendments. SEC. 103. ALTERNATIVE PLANS FOR RESIDENTIAL BUILDINGS.

(a) IN GENERAL.—The National Energy Conservation Policy Act (42 U.S.C. 8201 et seq.) is amended by inserting the following new sections after section 225: "SEC. 226. ALTERNATIVE STATE PLANS.

"(a) IN GENERAL.—A Governor of any State, any State regulatory authority, or any agency or instrumentality of a State may elect, to the extent authorized under State law, to formulate and certify an alternative State plan for residential buildings under this section. "(b) CONSEQUENCES OF CERTIFICATION.—(1) Beginning with the date on which the certification of a plan is made with respect to a State under subsection (d) and ending with the date on which a plan is no longer in effect under this section with respect to such State— "(A) subsections (a) through (c)(3) of section 212, sections 213 through 215 and sections 217 and 218 shall not apply with respect to— "(i) regulated utilities in such State, and J, "(ii) nonregulated utilities which are included in the plan; "(B) section 219 shall apply to utilities described in subparagraph (A) only to the extent provided for in subsection (f); and ^ "(C) sections 212 through 219 shall apply to nonregulated utilities which are not included in the plan or which have not received an exemption under section 227. "(2) Except as provided in subsection (f), any State for which a plan is certified under subsection (d) shall continue to have such plan in effect until June 30, 1989. "(c) CONTENT OF PLAN.—A plan certified pursuant to this section shall— "(1) be designed to result in annual residential energy con* servation savings of 2 percent or more; "(2) contain the goals established for the plan and an analysis of the data and rationale used by the entity in charge of ^ formulating the plan to determine that the plan is likely to " achieve such goals; ^ h "(3) contain adequate procedures to assure that, if a public • utility supplies or installs residential energy conservation meas"^ ures, such actions shall be consistent with section 216 and prices and rates of interest charged shall be fair and reasonable; and "(4) contain adequate procedures for preventing unfair, deceptive, or anticompetitive acts or practices affecting commerce which relate to the implementation of such plan. "(d) CERTIFICATION.—(1) The entity which elects to certify a plan under this section shall certify, pursuant to a form to be prescribed by the Secretary (ex;cept as provided by paragraph (2)), to the Secretary that— "(A) the plan meets the requirements of subsection (c); 3 "(B) the plan is likely to achieve the goals established for the plan if it is adequately implemented; and

42 USC 8227.

Utilities.

42 USC 82138216, 8218, 8219.

Ante, p. 933.

Post, p. 937. Termination date.

Utilities. 42 USC 8217. Fraud. Business and industry.

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text:
Page:United States Statutes at Large Volume 100 Part 1.djvu/972

 100 STAT. 936

PUBLIC LAW 99-412—AUG. 28, 1986

"(C) the plan will be adequately implemented. "(2) If a form is not made available by the Secretary within 90 days after the date of the enactment of this section, the entity in charge of certifying the plan may make such certification on a form prescribed by such entity. "(3) Any certification under this subsection shall include a detailed explanation of the manner in which the contents of the plan will be implemented. "(e) ANNUAL REPORT.—(1) The entity which certifies a plan under subsection (d) shall submit an annual report to the Secretary, within 60 days after the end of the 1-year period to which the report relates, describing the implementation of the plan and the results thereof. ^r^^ V J "(2) Such report shall include— "(A) a statement of the number of residential buildings receiv• ing benefits under the plan, "(B) an estimate of the actual energy savings resulting from the plan and a description of the sources of such savings, "(C) a statement of the percentage of individuals with low and '•' • '•^ moderate incomes who receive benefits under the plan, "(D) a detailed description of the benefits provided under the plan and of how the plan is implemented, and ,. "(E) the names of the entities carrying out the plan. "(3) The first such report shall be made by an entity within the 14month period that begins with the date that such entity certified a plan under this section. Utilities.

"(f) ADMINISTRATION AND JUDICIAL ENFORCEMENT PROCEEDINGS.—

^^

Federal Register, publication.

5 USC note prec. 551.

(1)(A) At any time more than 1 year after an alternative State plan has been certified under subsection (d) with respect to a State, any customer of a utility subject to such alternative State plan may petition the Secretary of Energy to conduct a public hearing to determine if the alternative State plan has been adequately implemented. A copy of such petition shall be transmitted to the entity in » charge of the plan on the same date it is transmitted to the Secretary. "(B) Within 60 days after the date on which a petition is received under subparagraph (A), the Secretary shall— "(i) conduct the hearing requested in such petition; or "(ii) notify in writing the customer submitting such petition of not justified in the public interest. "(C) The Secretary shall provide advance notice to the public of any hearing carried out as a result of a petition submitted under subparagraph (A). Any determination by the Secretary concerning the adequacy of the implementation of any alternative State plan shall be on the record and shall be published in the Federal Register within 60 days after such determination is made. "(D) Any person alleging that he is likely to be injured as a result of a determination by the Secretary under this paragraph may, within 60 days after publication or notification of such determination, institute an action appealing the determination in the United States Court of Appeals for the appropriate judicial circuit. The Court shall review the determination of the Secretary in accordance with the Administrative Procedures Act, and shall have jurisdiction to affirm, modify, set aside, in whole or in part, or to remand such determination to the Secretary for such other action as the Court may direct.
 * r the Secretary's reasons for determining that such a hearing is

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text:
Page:United States Statutes at Large Volume 100 Part 1.djvu/973

 PUBLIC LAW 99-412—AUG. 28, 1986

100 STAT. 937

"(2) Except as provided in paragraph (3), if any determination by the Secretary that the alternative State plan has not been adequately implemented becomes final and may not be appealed, the Secretary shall, within 30 days of the date on which the determination may no longer be appealed, initiate standby authority under section 219 with respect to such State. "(3) If a State which had an approved plan in effect under section 212 on the day before the date on which certification was made under this section informs the Secretary in writing, within 30 days after receiving a copy of the petition described in paragraph (1), that it will no longer implement a plan certified under this section and that it will implement the approved plan which was in effect in the State on the day before certification of the alternative plan under this section, then— "(A) the determinations and actions described in paragraph (1) may not be carried out; and "(B) sections 212 through 219 shall apply in such State except to the extent that waivers are provided for utilities under section 227 in such State. "(g) COVERAGE.—A plan certified under this section shall not apply to utilities other than utilities covered under section 211(a). "(h) INCLUSION OF NONREGULATED UTIUTIES.—A nonregulated utility may not be included in a plan under this section unless such inclusion is authorized under State law or the nonregulated utility agrees to such inclusion. "(i) INCENTIVES.—The entity in charge of a plan under this section, or a State regulatory authority, may, to the extent permitted under State law, provide incentives for utilities to meet the goals contained in the State's alternative plan, including providing such utilities that meet or exceed such goals with a rate of return on expenditures made for the purpose of accomplishing such goals.

Ante, p. 933. 42 USC 8213.

Utilities. Infra. Utilities. 42 USC 8212.

Utilities.

"(j) UTILITIES WITH RETAIL SERVICE TERRITORIES IN MORE THAN 1

STATE.—For purposes of this section, any utility with a retail service territory in more than one State shall be considered to be a separate utility with respect to each State in which its retail service territory is located. "(k) AMENDMENT OF A PLAN.—(1) Except as provided by paragraph (2), a plan certified under this section may be amended by any amendment— "(A) consistent with the requirements of subsection (c); and "(B) certified to the Secretary of Energy in a manner consistent with the requirements applicable to the certification of a ^ plan under subsection (d). - "(2) A plan certified under this section may not be amended— "(A) during the first year after it is certified; or "(B) more than once a year thereafter.

^

"SEC. 227. WAIVER FOR REGULATED AND NONREGULATED UTILITIES. 42 USC 8228.

"(a) WAIVER.—Any utility subject to this part may, upon request, receive a waiver from the Secretary from any provision of this part or from any provision of a State residential energy conservation plan under this part if the utility shows in appropriate State proceedings and the appropriate State officials find that— "(1) the existing and planned residential energy conservation programs that will be implemented by the utility if a waiver from such provision is approved will result in savings in petroleum, natural gas or electric energy consumed in residential

State and local governments.

Petroleum and petroleum products. Natural gas.

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text:
Page:United States Statutes at Large Volume 100 Part 1.djvu/974

 100 STAT. 938

Fraud. Business and industry.

State and local governments.

Uiili

42 USC 8213.

State and local governments.

Reports.

State and local governments.

PUBLIC LAW 99-412—AUG. 28, 1986

buildings served by the utility that are equal to or greater than the savings that would be achieved in connection with a properly implemented State residential conservation service plan under this part; and "(2) adequate procedures are in effect that prevent unfair, deceptive or anticompetitive acts or practices affecting commerce that relate to the implementation of such residential energy conservation programs, including provisions to assure that any person who alleges any injury resulting from unfair, deceptive or anticompetitive acts or practices in connection with such programs shall be entitled to redress under such procedures as may be established by the Governor in the State in which the utility provides utility service. "Ob) DEFINITION.—For purposes of this section the term 'residential energy conservation program' means any program carried out by a utility that has as its purpose— "(1) increasing the efficiency with which petroleum, natural gas or electric energy is consumed in residential buildings served by such utility; or "(2) utilizing solar or other forms of renewable energy in residential buildings served by such utility. "(c) APPROVAL.—The Secretary shall approve a request of a utility for a waiver under subsection (a) if the Secretary determines that— "(1) opportunity for a hearing on the request for a waiver has been provided in the State in which the utility provides utility service; and "(2) in the case of a regulated utility, the Governor of the State in which the utility provides utility service and the State regulatory authority that has ratemaking authority with respect to such utility both— ,, "(A) find that the showings under subsections (a)(1) and (2) are sufficient; and "(B) support the request by the utility for the waiver; or "(3) in the case of a nonregulated utility subject to a State residential energy conservation plan under section 212(c)(2), the Governor of the State in which the utility provides utility service— "(A) finds that the showings under subsections (a)(1) and h^, (2) are sufficient; and "(B) supports the request by the utility for the waiver. "(d) ANNUAL REVIEW AND REVOCATION OF WAIVER.—(1) The provi-

sions of this subsection do not apply to a nonregulated utility unless such utility is subject to a State residential energy conservation plan under section 212(c)(2). "(2) Any utility that receives a waiver under this section shall provide the Governor of the State in which that utility provides utility service with an annual report describing the performance of its residential energy conservation programs in relation to the showings of such utility under subsections (a)(1) and (2). "(3) The Secretary shall revoke any waiver received by a utility under this section upon a request under this subsection by the Governor of the State in which the utility provides utility service. Such a request shall be made upon a finding— "(A) in the case of a regulated utility, by such Governor with the concurrence of the State regulatory authority that has ratemaking authority with respect to such utility; or

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Page:United States Statutes at Large Volume 100 Part 1.djvu/975

 PUBLIC LAW 99-412—AUG. 28, 1986

100 STAT. 939

"(B) in the case of a nonregulated utility subject to a State residential energy conservation plan under section 212(c)(2), by 42 USC 8213. such Governor, that the savings described in subsection (a)(1) on an annual basis are less than the savings in the year prior to the approval of the waiver .i or that the procedures referred to in subsection (a)(2) are no longer • • "^ adequate. "(4) A request under paragraph (3) with respect to any utility may be submitted to the Secretary by a Governor only after review and opportunity for a hearing on the performance of the residential energy conservation programs of such utility. In order to facilitate such review and hearing, the utility shall provide to the Governor such information as the Governor requests about such residential energy conservation programs.". (b) The table of contents for the National Energy Conservation Policy Act is amended by adding at the end of the table of contents for part 1 of title II the following: "Sec. 226. Alternative State plans.". "Sec. 227. Waiver for regulated and nonregulated utilities.". SEC. 104. REPORTS AND DISSEMINATION OF INFORMATION.

(a) IN GENERAL.—Section 225 of the National Energy Conservation Policy Act (42 U.S.C. 8226) (relating to a Federal Trade Commission study and report submitted before January 1, 1982) is amended to read as follows:

 * i£8 'Jki^J itb'

.riSiJiiijU

"SEC. 225. REPORTS AND DISSEMINATION OF INFORMATION.

"(a) GENERAL REPORT.—(1) No later than December 31, 1987, and December 31, 1989, the Secretary shall submit a report to the Chairman of the Committee on Energy and Commerce of the House of Representatives and the Chairman of the Committee on Energy and Natural Resources of the Senate relating to the operation of this part. "(2) Each such report shall include— "(A) a comparison of estimated actual and predicted energy savings resulting from plans under this part, "(B) identification of the most effective plans (or portions thereof), "(C) an analysis, based on completed audits and other relevant data, of the energy saving potential of the installation of additional residential conservation measures, and "(D) an analysis of economic, technical, behavioral, and other factors considered relevant to energy consumption by the Secretary. Nothing in this paragraph shall require a survey of each residential building in which a residential energy conservation measure has been installed under this part. "(b) SUMMARY OF ALTERNATIVE PLAN AND UTIUTY WAIVER RE-

PORTS.—No later than December 31, 1987, and December 31, 1989, the Secretary shall submit a report to the Chairman of the Committee on Energy and Commerce of the House of Representatives and the Chairman of the Committee on Energy and Natural Resources of the Senate summarizing the annual reports the Secretary received under section 226(e). "(c) DISSEMINATION OF INFORMATION.—(I)(A) The Secretary shall at least annually, in fiscal years beginning after September 30, 1986, disseminate to the States and public utilities information providing

Ante, p. 935. State and local governments. Utilities.

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Page:United States Statutes at Large Volume 100 Part 1.djvu/976

 100 STAT. 940

Public information.

Utilities.

42 USC 8211.

Utilities.

Fraud. Business and industry.

PUBLIC LAW 99-412—AUG. 28, 1986

technical assistance and relating to the most cost-effective energy conservation procedures and devices (including residential energy conservation measures) and the most successful plans (or portions thereof) under this part. "(B) The Secretary shall make the information described in subparagraph (A) available to the public. "(2) The Secretary shall conduct seminars in various regions of the United States to disseminate information described in paragraph (1).". (b) CLERICAL AMENDMENT.—The table of contents of such Act is amended by striking out the item relating to section 225 and inserting in lieu thereof the following: "Sec. 225. Reports and dissemination of information.". (c) REPORT BY COMPTROLLER GENERAL.—(1)

The Comptroller General shall prepare and transmit to Congress before December 31, 1986, a report evaluating the utility and home heating supplier plans implemented under part 1 of title II of the National Energy Conservation Policy Act. (2) The Secretary of Energy shall conduct a survey in consultation with the Comptroller General to collect the information the Comptroller General determines is necessary for the preparation of such report. (3) The report referred to in paragraph (1) shall examine and assess— (A) the potential for achievable energy savings through installation of residential energy conservation measures in residential dwellings in the United States and the importance of the programs carried out by the Residential Conservation Service of the Department of Energy in achieving these savings; (B) the costs of Residential Conservation Service programs in a representative sample of States, taking into consideration the costs to the taxpayer and ratepayers of affected utilities; (C) the benefits of Residential Conservation Service programs in a representative sample of States, taking into consideration the value of energy conservation and the value of deferral of investment in new capacity to provide energy; (D) efforts of utilities to encourage the implementation of residential energy conservation measures by their customers and the relationship between these efforts and Residential Conservation Service programs; (E) measured energy savings achieved in residential dwellings in which residential energy conservation measures have been installed under such programs; (F) the extent to which utilities have adopted programs voluntarily or under State law that offer more potential for encouraging energy efficiency than do the programs carried out by the Residential Conservation Service; (G) the extent to which modifications in the regulations implementing the programs carried out by the Residential Conservation Service could improve the cost effectiveness of the programs; (H) legislative changes that are necessary to improve the cost effectiveness of residential energy conservation programs; (I) the extent of unfair, deceptive, or anticompetitive acts or practices affecting commerce that relate to the implementation of such residential energy conservation programs, and the ade-

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Page:United States Statutes at Large Volume 100 Part 1.djvu/977

 PUBLIC LAW 99-412—AUG. 28, 1986

100 STAT. 941

quacy of procedures which are in effect to prevent such unfair, deceptive, or anticompetitive acts or practices; and (J) such other matters as the Comptroller General considers appropriate in order to assist the Congress in deciding the future of the programs carried out by the Residential Conservation Service. SEC. 105. TERMINATION.

(a) IN GENERAL.—Part I of title II of the National Energy Conservation Policy Act (42 U.S.C. 8211 and following), as amended by section 103, is amended by adding at the end the following new Ante, p. 935. section: "SEC. 228. TERMINATION.

42 USC 8229.

"Effective June 30, 1989, all authority, including the authority to enforce any prohibitions, under this part shall terminate, except that such expiration shall not affect any action or proceeding based upon an act committed prior to midnight June 30, 1989, and not finally determined by such date.". (b) CLERICAL AMENDMENT.—The table of contents of such Act, as amended by section 103(c) of this Act, is amended by inserting after the item relating to section 227 the following new item: "Sec. 228. Termination.". SEC. 106. SUPPLY AND INSTALLATION BY PUBLIC UTILITIES.

(a) GENERAL EXEMPTION.—Section 216(d) of the National Energy Conservation Policy Act (42 U.S.C. 8217(d)) (relating to general exemptions from prohibitions on supply and installation) is amended— (1) by striking out "The" and inserting in lieu thereof: "(1) Except as provided in paragraph (2), the"; (2) by redesignating paragraphs (1), (2), and (3) as subparagraphs (A), (B), and (C), respectively; and (3) by adding at the end thereof the following new paragraph: "(2) Effective July 1, 1987, subparagraphs (A) and (B) of paragraph (1) shall not apply to the supply or installation of residential energy conservation measures other than measures which the Secretary determines were being installed or supplied by a public utility during the 12-month period ending June 1, 1985.". (b) PROHIBITION; ENFORCEMENT.—(1) Section 216 of such Act (42 U.S.C. 8217) (relating to prohibitions on supply and installations) is amended by striking out subsection (g)(2) and subsection (h) and inserting in lieu thereof the following: "(2) No public utility that has an exemption or waiver under this section may carry out under this Part and pursuant to an exemption or waiver any activity if the Federal Trade Commission, pursuant to subsection (h), or a State regulatory authority, pursuant to State law, has determined that such activity involves— "(A) charging unfair or unreasonable prices or rates of interest with respect to the supply and installation of residential energy conservation measures; or "(B) engaging in unfair methods of competition or unfair or deceptive acts or practices with respect to such supply and installation. "(h) ENFORCEMENT.—(1) For the purpose of determining whether a public utility which has an exemption or waiver under this section is

Effective date.

State and local governments. Post, p. 943.

Fraud.

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text:
Page:Dio's Roman History, tr. Cary - Volume 1.djvu/73

Rh ment for war; he perceived also that the satisfactions of a policy of inoffensiveness very quickly and easily ruin those who carry it too far. For this reason he concluded that war afforded at once a more honourable and secure guaranty of peace, both materially and morally; and so whatever he was unable to obtain from the Latins with their consent, and without injuring them, he took away against their will by force of arms.

For the rest of the Latins, on account of the destruction of Alba and in fear that they themselves might suffer some similar disaster, were angry at the Romans. As long as Tullus survived, they had restrained themselves, fearing him as a mighty warrior; but thinking that Marcius was easy to attack because of his peaceful disposition, they assailed his territory and pillaged it. He, realizing that war is the means of peace, assailed his assailants, and avenged himself; he captured some of their cities, one of which he razed to the ground, and disposed of many of the prisoners as captives, while he settled many others in Rome. As the Romans multiplied and land was added to their domain, the neighbouring peoples became displeased and set themselves at odds with them. Hence the Romans overcame the Fidenates by siege, discomfited the Sabines by falling upon them while they were scattered and seizing their camp, and so terrified the rest that they caused


text:
Page:United States Statutes at Large Volume 100 Part 1.djvu/978

 100 STAT. 942

, >:., L •

, ' 15 USC 45.

Ante, p. 941. j^

42 USC 8220.

PUBLIC LAW 99-412—AUG. 28, 1986

engaging in any activity described in subsection (g)(2), a person alleging injury from any such activity may request— "(A) to the extent authorized under State law, a State regulatory authority; or "(B) in any case described in paragraph (2), the Federal Trade Commission, to review an activity being carried out by such a public utility in whole or in part in such State. Such request shall contain a description of the actions of the utility alleged to constitute an activity described in subsection (g)(2); an allegation that an injury has been incurred by the person requesting the review; and an allegation that such injury resulted from an activity described in subsection (g)(2). "(2) The Federal Trade Commission may review an activity of a public utility as a result of a request made under paragraph (1) only if— "(A) a State regulatory authority has— "(i) informed the resident making the request that it will uni not review such activity for the purpose described in paragraph (1); or ' "(ii) within the 90-day period beginning on the date on which the request to review such activity was made to the State regulatory authority by the resident, failed to inform the resident that it will review such activity for such purpose; or "(B) a State regulatory authority has informed the resident that it will review such activity for such purpose but has failed '} to initiate a proceeding for such purpose during the 6-month period beginning on the date on which the request to review ' such activity was made to the State regulatory authority by the resident. "(3) If a request for review is made to the Commission in any case described in paragraph (2), and the Commission determines, on the basis of the information provided, that there is reason to believe that the public utility is carrying out an activity described in subsection (g)(2), the Commission shall issue and serve upon such utility a complaint and a notice of hearing and conduct a proceeding in accordance with section 5(b) of the Federal Trade Commission Act to determine if such an activity is being carried out by the utility. "(4) If the Commission makes a determination pursuant to a proceeding described in paragraph (3) that a public utility is carrying out an activity described in subsection (g)(2) of this section, the Commission shall, utilizing the authority of the Commission to enforce prohibitions made by section 5 of the Federal Trade Commission Act, take appropriate action to enforce the prohibition in subsection (g)(2) of this section. "(5) Any violation of a prohibition contained in this section other than a violation of subsection (g)(2) shall be treated, for purposes of section 219(d), as a violation of a plan promulgated under section 219(a).". (c) CONFORMING AMENDMENTS.—(1) Section 216(c)(2)(A) of such Act (42 U.S.C. 8217(c)(2)(A)) (relating to an exemption from the prohibition on supply and installation by a public utility) is amended by inserting the following before the semicolon at the end: "or other activities described in subsection (g)(2)". (2) Section 216(f) of such Act (42 U.S.C. 8217(f)) (relating to the applicability of section 215) is amended by striking out "(d)(2)",

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Page:United States Statutes at Large Volume 100 Part 1.djvu/979

 PUBLIC LAW 99-412—AUG. 28, 1986

100 STAT. 943

"(d)(1)", and "(d)(3)" and inserting in lieu thereof "(d)(1)(B)", "(d)(1)(A)", and "(d)(1)(C)", respectively. (3) The heading of subsection (g) of section 216 is amended to read as follows: "Authority to Monitor and Terminate Certain Activities by Utilities.—". (d) EFFECTIVE DATE.—The amendments made by this section shall become effective 180 days after the date of the enactment of this Act.

Ante, p. 941.

42 USC 8217 note.

4 TITLE II—COMMERCIAL BUILDINGS AND MULTIFAMILY DWELLINGS SEC. 201. REPEAL OF TITLE VII OF THE NATIONAL ENERGY CONSERVATION POLICY ACT.

(a) IN GENERAL.—Title VII of the National Energy Conservation Policy Act (42 U.S.C. 8281 and following) (relating to energy conservation for commercial buildings and multifamily dwellings) is hereby repealed. (b) CLERICAL AMENDMENT.—The table of contents for such Act is amended by striking out the items relating to such title VII. (c) AUTHORITY TO CONTINUE CERTAIN STATE ENERGY CONSERVATION PLANS.—Notwithstanding subsection (a), any State energy con-

servation plan for commercial buildings and multifamily dwellings approved under section 721 of the National Energy Conservation Policy Act before August 1, 1984, may, with respect to regulated utilities, continue in effect until January 1, 1990. SEC.

202. DEMONSTRATION PROJECTS FOR ENERGY EFFICIENCY IN COMMERCIAL BUILDINGS.

The Secretary of Energy shall, using funds appropriated for energy conservation activities of the Department of Energy, carry out demonstration projects by sharing the cost of the construction and development by nongovernmental entities of facilities which demonstrate innovative technologies for utility applications that increase energy efficiency in commercial buildings. Approved August 28, 1986.

LEGISLATIVE HISTORY—S. 410 (H.R. 969): HOUSE REPORTS: No. 99-484 accompanying H.R. 969 (Comm. on Energy and Commerce) and No. 99-787 (Comm. of Conference). SENATE REPORTS: No. 99-94 (Comm. on Energy and Natural Resources). CONGRESSIONAL RECORD: Vol. 131 (1985): July 29, considered and passed Senate. Vol. 132 (1986): Mar. 11, H.R. 969 considered and passed House; S. 410, amended, passed in lieu. Aug. 15, House and Senate agreed to conference report. Senate receded from disagreement to House amendment.

Termination date. 42 USC 8282 note. 42 USC 8282. Science and technology. 42 USC 8281 note.

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Page:United States Statutes at Large Volume 100 Part 1.djvu/980

 100 STAT. 944

PUBLIC LAW 99-413—AUG. 29, 1986

Public Law 99-413 99th Congress Aug. 29, 1986 [H.R. 4843]

An Act

To provide for a minimum price and an alternative production rate for petroleum produced from the naval petroleum reserves, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. PRODUCTION RATE AND MINIMUM PRICE FOR NAVAL PETROLEUM RESERVES.

(a) RATE OF PRODUCTION.—(1) Section 7422(c)(l) of title 10, United States Code, is amended by striking out subparagraph (B) and inserting in lieu thereof the following: "(B) to produce, during any extension of a period under paragraph (2), such reserves— •i V . "(i) at the maximum efficient rate consistent with sound engineering practices; or 31 "(ii) at a lesser rate consistent with sound engineering practices and the protection, conservation, maintenance, and testing of such reserves if the Secretary determines that the minimum price described in section 7430(b)(2) of this title cannot be attained for the United States share of petroleum produced from such Reserves;". (2) Section 7422(c) of such title is amended by striking out paragraph (3). (b) MINIMUM PRICE.—Section 7430(b) of such title is amended— (1) by striking out "(b) Notwithstanding" and inserting in lieu thereof "(b)(1) Subject to paragraph (2) and notwithstanding"; and (2) by adding at the end the following paragraph: "(2) The Secretary may not sell any part of the United States share of petroleum produced from Naval Petroleum Reserves Numbered 1, 2, and 3 at a price less than the higher of^ "(A) 90 percent of the current sales price, as estimated by the Secretary, of comparable petroleum in the same area; or "(B) the price of petroleum being purchased for the Strategic Petroleum Reserve, minus the cost of transporting petroleum from the naval petroleum reserve concerned to the nearest storage area of the Strategic Petroleum Reserve, with adjustments for the difference in the quality of the petroleum being

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Page:United States Statutes at Large Volume 100 Part 1.djvu/981

 PUBLIC LAW 99-413—AUG. 29, 1986

100 STAT. 945

purchased for the Strategic Petroleum Reserve and petroleum being produced from the naval petroleum reserve concerned.", (c) NOTICE PERIOD.—Section 7430(g)(2) of such title is amended by lo use 7430. striking out "30 days" and "30-day" and inserting in lieu thereof "15 days" and "15-day", respectively. Approved August 29, 1986.

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LEGISLATIVE HISTORY—H.R. 4843: HOUSE REPORTS: No. 99-775, Pt. 1 (Comm. on Energy and Commerce). CONGRESSIONAL RECORD, Vol. 132 (1986): Aug. 13, considered and passed House. Aug. 15, considered and passed Senate.

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Page:United States Statutes at Large Volume 100 Part 1.djvu/982

 100 STAT. 946 -Of!

Sept. 16, 1986 [H.J. Res. 580]

PUBLIC LAW 99-414—SEPT. 16, 1986

Public Law 99-414 99th Congress Joint Resolution To designate the week beginning September 7, 1986, as "National Freedom of Information Act Awareness Week". ,.. j.,..,.,!...j,-.

Whereas a fundamental principle of the American system of government is that the people of the United States should participate in the governing process; Whereas the people of the United States, in order to participate effectively in the governing process, require free access to information about the activities and decisions of Federal agencies; Whereas section 552 of title 5, United States Code, commonly known as the Freedom of Information Act, helps provide the people of the United States with free access to such information; Whereas the Freedom of Information Act became law in 1966, and 1986 is the 20th anniversary of the Act; Whereas the commemoration of the Freedom of Information Act should include efforts to educate the people of the United States with respect to the substance and principles of the Act; Whereas such efforts should be made by schools in the United States; and Whereas the week beginning September 7 is the week in which many students begin the academic year: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the week beginning September 7, 1986, is designated "National Freedom of Information Act Awarenesy Week", and the President of the United States is authorized and requested to issue a proclamation calling upon Federal, State, and local government officials and the people of the United States to observe such week with appropriate ceremonies and activities. Approved September 16, 1986.

LEGISLATIVE HISTORY—H.J. Res. 580: CONGRESSIONAL RECORD, Vol. 132 (1986): June 11, considered and passed House. Sept. 10, considered and passed Senate.

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Page:United States Statutes at Large Volume 100 Part 1.djvu/983

 PUBLIC LAW 99-415—SEPT. 19, 1986

100 STAT. 947

Public Law 99-415 99th Congress An Act To authorize United States contributions to the International Fund established pursuant to the November 15, 1985, agreement between the United Kingdom and Ireland, as well as other assistance.

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t 19 1986 ——'-——— [H.R. 4329]

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

Anglo-Irish

SECTION 1. SHORT TITLE.

Agreement Support Act of 1986,

This Act may be cited as the "Anglo-Irish Agreement Support Act of 1986". SEC. 2. FINDINGS AND PURPOSES.

(a) FINDINGS.—The Congress finds that the Anglo-Irish Agreement is a clear demonstration of the determination of the Government of the United Kingdom and the Government of Ireland to make progress concerning the complex situation in Northern Ireland. The Congress strongly supports the Anglo-Irish Agreement and is particularly encouraged that these two neighboring countries, longstanding friends of the United States, have joined together to rebuild a land that has too often been the scene of economic hardship and where many have suffered severely from the consequences of violence in recent years. In recognition of our ties of kinship, history, and commitment to democratic values, the Congress believes the United States should participate in this renewed commitment to social and economic progress in Northern Ireland and affected areas of Ireland. (b) PURPOSES.—It is, therefore, the purpose of this Act to provide for United States contributions in support of the Anglo-Irish Agreement, such contributions to consist of economic support fund assistance for payment to the International Fund established pursuant to the Anglo-Irish Agreement, as well as other assistance to serve as an incentive for economic development and reconciliation in Ireland and Northern Ireland. The purpose of these United States contributions shall be to support the Anglo-Irish Agreement in promoting reconciliation in Northern Ireland and the establishment of a society in Northern Ireland in which all may live in peace, free from discrimination, terrorism, and intolerance, and with the opportunity for both communities to participate fully in the structures and processes of government.

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SEC. 3. UNITED STATES CONTRIBUTIONS TO THE INTERNATIONAL FUND.

(a) FISCAL YEAR 1986.—Of the amounts made available for the fiscal year 1986 to carry out chapter 4 of part II of the Foreign Assistance Act of 1961 (relating to the economic support fund), 22 USC 2346. $50,000,000 shall be used for United States contributions to the International Fund. Pending the formal establishment of the International Fund and submission of the certification required by section 5(c) of this Act, these funds may, pursuant to an agreement ':«ll iV

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Page:United States Statutes at Large Volume 100 Part 1.djvu/984

 100 STAT. 948

PUBLIC LAW 99-415—Sept. 19, 1986

with the Government of the United Kingdom and the Government of Ireland, be disbursed into and maintained in a separate account, (b) FISCAL YEARS 1987 AND 1988.—Of the amounts made available for each of the fiscal years 1987 and 1988 to carry out that chapter, $35,000,000 shall be used for United States contributions to the International Fund; and that amount is hereby authorized to be appropriated for each of those fiscal years to carry out that chapter (in addition to amounts otherwise authorized to be appropriated). Amounts appropriated pursuant to this subsection are authorized to remain available until expended. SEC. 4. OTHER ASSISTANCE.

22 USC 2151f. 22 USC 2181-2183. 22 USC 2191.

22 USC 2421.

(a) AVAILABLE AUTHORITIES.—In addition to other available authorities, the following authorities may be used to provide assistance or other support to carry out the purposes of section 2 of this Act: (1) Section 108 of the Foreign Assistance Act of 1961 (relating to the Private Sector Revolving Fund). (2) Sections 221 through 223 of that Act (relating to the Housing Guaranty Program). (3) Title IV of chapter 2 of part I of that Act (relating to the Overseas Private Investment Corporation), without regard to the limitation contained in paragraph (2) of the second undesignated paragraph of section 231 of that Act. (4) Section 661 of that Act (relating to the Trade and Development Program). (b) OTHER LAWS.—Assistance under this Act may be provided without regard to any other provision of law. SEC. 5. CONDITIONS AND UNDERSTANDINGS RELATING TO THE UNITED STATES CONTRIBUTIONS. (a) PROMOTING ECONOMIC AND SOCIAL RECONSTRUCTION AND

Northern Ireland.

22 USC 2346-2420. President of U.S.

DEVELOPMENT.—The United States contributions provided for in this Act may be used only to support and promote economic and social reconstruction and development in Ireland and Northern Ireland. The restrictions contained in sections 531(e) and 660(a) of the Foreign Assistance Act of 1961 apply with respect to any such contributions. (b) UNITED STATES REPRESENTATION ON THE BOARD OF THE FUND.—

The President shall make every effort, in consultation with the Government of the United Kingdom and the Government of Ireland, to ensure that there is United States representation on the Board of the International Fund. (c) PRIOR CERTIFICATIONS.—Each fiscal year, the United States

may make contributions to the International Fund only if the President certifies to the Congress that he is satisfied that— (1) the Board of the International Fund, as a whole, is broadly representative of the interests of the communities in Ireland and Northern Ireland; and (2) disbursements from the International Fund— (A) will be distributed in accordance with the principle of equality of opportunity and nondiscrimination in employment, without regard to religious affiliation; and (B) will address the needs of both communities in Northern Ireland. Each such certification shall include a detailed explanation of the basis for the President's decision.

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Page:United States Statutes at Large Volume 100 Part 1.djvu/985

 PUBLIC LAW 99-415—SEPT. 19, 1986

100 STAT. 949

SEC. 6. ANNUAL REPORTS.

At the end of each fiscal year in which the United States Government makes any contribution to the International Fund, the President shall report to the Congress on the degree to which— (1) the International Fund has contributed to reconciliation between the communities in Northern Ireland; (2) the United States contribution to the International Fund is meeting its objectives of encouraging new investment, job creation, and economic reconstruction on the basis of strict equality of opportunity; and (3) the International Fund has increased respect for the human rights and fundamental freedoms of all people in Northern Ireland.

President of U.S.

Human rights. Northern Ireland.

SEC. 7. REQUIREMENTS RELATING TO FUNDS FOR "INTERNATIONAL ORGANIZATIONS AND CONFERENCES".

(a) DISBURSEMENTS, AUDITS, AND REPORTS.—The provisions relating to disbursements on vouchers, audits, and submission of reports with respect to expenditures pursuant to the Joint Resolution of July 11, 1956 (Public Law 689), shall also apply with respect to expenditures pursuant to section 109(c) of the Act of November 22, 1983 (Public Law 98-164). (b) FUNDS SUBJECT TO REQUIREMENTS.—That section is amended— (1) by striking out "In addition to" and inserting in lieu thereof "Of; (2) by striking out "by section 102(2)" and all that follows through "1985" and inserting in lieu thereof "for each fiscal year"; (3) by inserting "may be used" before "for expenses"; and (4) by striking out all that follows "participation in" through "such as". SEC. 8. DEFINITIONS.

As used in this Act— (1) the term "Anglo-Irish Agreement" means the Agreement Between the Government of Ireland and the Government of the United Kingdom dated November 15, 1985; and (2) the term "International Fund" means the international fund for economic development projects in Northern Ireland and Ireland, established pursuant to Article 10 of the AngloIrish Agreement. Approved September 19, 1986.

LEGISLATIVE HISTORY—H.R. 4329: CONGRESSIONAL RECORD, Vol. 132 (1986): Mar. 11, considered and passed House. Aug. 13, considered and passed Senate, amended. Aug. 14, House concurred in Senate amendments.

22 USC 1928a. 97 Stat. 1019.

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Page:United States Statutes at Large Volume 100 Part 1.djvu/986

 100 STAT. 950

PUBLIC LAW 99-416—SEPT. 23, 1986

Public Law 99-416 99th Congress

• ^ ^'^ An Act

Sept. 23, 1986 [H.R. 3443]

To designate the Closed Basin Conveyance Channel of the Closed Basin Division, San Luis Valley Project, Colorado, as the "Franklin Eddy Canal".

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. DESIGNATION OF CLOSED BASIN CONVEYANCE CHANNEL AS THE "FRANKLIN EDDY CANAL."

86 Stat. 964.

The Closed Basin Conveyance Channel of the Closed Basin Division, San Luis Valley Project, Colorado, constructed, operated, and maintained under Public Law 92-514, as amended, hereafter shall be known and designated as the "Franklin Eddy Canal.". SEC. 2. REFERENCES TO CHANNEL.

Any reference in any law, regulation, document, record, map, or other paper of the United States to the channel referred to in section 1 is hereby deemed to be a reference to the "Franklin Eddy Canal.". Approved September 23, 1986. ' ( O,;. ^ >' • i

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LEGISLATIVE HISTORY—H.R. 3443: HOUSE REPORTS: No. 99-297 (Comm. on Interior and Insular Affairs). SENATE REPORTS: No. 99-233 (Comm. on Energy and Natural Resources). CONGRESSIONAL RECORD: Vol. 131 (1985): Oct. 9, considered and passed House. Vol. 132 (1986): Sept. 10, considered and passed Senate. i'* ' ,''^-

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Page:United States Statutes at Large Volume 100 Part 1.djvu/987

 PUBLIC LAW 99-417—SEPT. 23, 1986

100 STAT. 951

Public Law 99-417 99th Congress Joint Resolution To designate the week beginning September 15, 1986, as "National School-Age Child Care Awareness Week".

Whereas more than half of the children in the United States are in families in which both parents are in the work force; Whereas more than one in five children in the United States are in a one-parent family; Whereas changes in the composition of American families and the American work force have resulted in an increased demand for child care for children of all ages; Whereas the demand for child care for school-age children has increased at a greater rate than the availability of school-age child care; Whereas estimates show that millions of school-age children between the ages of six and thirteen, often referred to as latchkey children, may return alone after school to an empty house or in the supervision of a slightly older brother or sister; Whereas research studies have indicated that children in self and sibling care run greater physical and psychological risks, including accidents and feelings of fear and loneliness, than children who are cared for by an adult; Whereas the Congress has begun to examine the issue of child care and the role of Federal and State government, the private sector, and parents in providing child care; Whereas the parents, communities, employers, and agencies serving youth that have recognized the shortage of adequate and affordable school-age child care have developed after school programs for children in their communities; and Whereas many more parents, communities, employers, and agencies serving youth need to address the problems facing these children and to maximize the use of State and Federal resources in collaboration with these efforts: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the week beginning September 15, 1986, is hereby designated as "National School-Age Child Care Awareness Week" and the President is hereby authorized and requested to issue a proclamation calling upon the people of the United States to observe such week with appropriate programs and activities. Approved September 23, 1986.

LEGISLATIVE HISTORY—H.J. Res. 60: CONGRESSIONAL RECORD: Vol. 131 (1985): Aug. 1, considered and passed House. Vol. 132 (1986): Sept. 12, considered and passed Senate, amended. Sept. 18, House concurred in Senate amendments.

Sept. 23, 1986 [H.J. Res. 60]

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Page:United States Statutes at Large Volume 100 Part 1.djvu/988

 100 STAT. 952

PUBLIC LAW 99-418—SEPT. 23, 1986

Public Law 99-418 99th Congress An Act Sept. 23, 1986 [S. 2462] Music.

To provide for the awarding of a special gold medal to Aaron Copland.

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

31 USC 5111 note.

SECTION 1. FINDINGS AND STATEMENT OF POLICY.

31 USC 5111 note.

(a) FINDINGS.—The Congress finds that—

(1) Aaron Copland has contributed to American music as a composer, a pianist, a lecturer, an author, and an organizer of various musical societies;

(2) Aaron Copland has composed patriotic musical works, such as "Lincoln Portrait", which was composed during World War II as a patriotic tribute to the United States and distributed worldwide;

(3) Aaron Copland has enjoyed great popularity and critical acclaim as evidenced by his receiving many awards, including a Guggenheim Fellowship, a Pulitzer Prize, an Academy Award, and the Presidential Medal of Freedom; and

(4) Aaron Copland is referred to as the "dean" of American musical composition as the result of his contributions to American music.

(b) STATEMENT OF POLICY.—The incomparable contributions of Aaron Copland to American musical composition should be recognized by awarding him a special congressional gold medal.

President of U.S. 31 USC 5111 note.

SEC. 2. AUTHORIZATION TO PRESENT GOLD MEDAL.

The President is authorized to present on behalf of the Congress 1 gold medal of appropriate design to Aaron Copland.

SEC. 3. PRODUCTION OF GOLD MEDALS AND PRODUCTION AND SALE OF BRONZE MEDALS. (a) PRODUCTION OF GOLD MEDAL.—The Secretary of the Treasury shall coin 1 gold medal and shall deliver the medal to the President for presentation under section 2. The gold medal shall contain suitable emblems, devices, and inscriptions to be determined by the Secretary.

(b) PRODUCTION AND SALE OP BRONZE DUPLICATE MEDALS.—The Secretary of the Treasury may coin and sell bronze medals which are duplicates of the gold medal coined pursuant to subsection (a) under such regulations as the Secretary may prescribe, at a price sufficient to cover the cost of the gold medal and such duplicates, including the cost of labor, materials, dies, use of machinery, and overhead.


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Page:United States Statutes at Large Volume 100 Part 1.djvu/989

 PUBLIC LAW 99-418—SEPT. 23, 1986 SEC. 4. AUTHORIZATION OF APPROPRIATIONS.

100 STAT. 953 31 USC 5111

There are authorized to be appropriated for any fiscal year beginning on or after October 1, 1986, not to exceed $20,000 to carry out the purposes of thds Act. SEC. 5. EFFECT ON OTHER LAW.

The medals provided for in this Act are national medals for the purpose of section 5111 of title 31, United States Code. Approved September 23, 1986.

LEGISLATIVE HISTORY—S. 2462 (H.R. 3041): CONGRESSIONAL RECORD, Vol. 132 (1986): Aug. 15, considered and passed Senate. Sept. 9, H.R. 3041 considered and passed House; proceedings vacated and S. 2462 passed in lieu.

31 USC 5111

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Page:United States Statutes at Large Volume 100 Part 1.djvu/990

 100 STAT. 954

PUBLIC LAW 99-419—SEPT. 25, 1986

Public Law 99-419 99th Congress 7 W ' Joint Resolution Sept. 25, 1986 [H.J. Res. 692]

To designate the week of October 19, 1986, through October 26, 1986, "National Housing Week".

Whereas the Federal Government and the housing industry have worked together to enable a substantial majority of Americans to live in adequate housing; Whereas living in adequate housing strengthens the family and the community; Whereas, following every economic recession since World War II, the housing industry has helped the United States to achieve economic recovery by creating millions of jobs for the unemployed, creating demand for goods and services, and generating billions of dollars in tax revenues; Whereas adequate housing is one of the basic needs of all individuals, and providing for the availability of affordable housing is an important policy of the Federal Government and the governments of the States; and Whereas it is appropriate to reaffirm the historic national commitment to providing for the availability of adequate housing and the opportunity to own a home, and to recognize the economic benefits resulting from the activities of the housing industry: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled. That the week of October 19, 1986, through October 26, 1986, is designated "National Housing Week", and the President of the United States is authorized and requested to issue a proclamation calling upon the people of the United States to observe such week with appropriate ceremonies and activities. Approved September 25, 1986.

LEGISLATIVE HISTORY—H.J. Res. 692: CONGRESSIONAL RECORD, Vol. 132 (1986): Aug. 13, considered and passed House. Sept. 12, considered and passed Senate.

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Page:United States Statutes at Large Volume 100 Part 1.djvu/991

 PUBLIC LAW 99-420—SEPT. 25, 1986

Public Law 99-420 99th Congress

100 STAT. 955

An Act To establish a permanent boundary for the Acadia National Park in the State of Maine, and for other purposes.

Sept. 25, 1986 [S. 720]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, TITLE I SEC. 101. BOUNDARIES OF ACADIA NATIONAL PARK.

In order to protect and conserve the land and water resources of Acadia National Park in the State of Maine (hereinafter in this title referred to as "the Park"), and to facilitate the administration of the Park, the boundary depicted on the map entitled "Acadia National Park Boundary Map", numbered 123-80011, and dated May 1986 (hereinafter in this title referred to as "the map") is hereby established as the permanent boundary for the Park. The map shall be on file and available for public inspection in the offices of the National Park Service, Department of the Interior, and it shall be made available to the Registry of Deeds for Hancock and Knox Counties, Maine. SEC. 102. LANDS WITHIN BOUNDARIES.

(a) The Secretary of the Interior (hereinafter in this title referred to as "the Secretary") is authorized to acquire lands and interests therein within the boundaries of the Park by donation, exchange (in accordance with this section), or purchase with donated or appropriated funds, except that— (1) any lands or interests therein owned by the State of Maine or any political subdivision thereof may be acquired only by donation or exchange; and (2) privately owned lands or interests therein may be acquired only with the consent of the owner thereof unless the Secretary determines that the property is being developed or proposed to be developed in a manner which is detrimental to the scenic, historical, cultural, and other values for which the Park was established. (b)(l) Not later than 6 months after the enactment of this Act, the Secretary shall publish specific guidelines under which determinations shall be made under subsection (a)(2). The Secretary shall provide adequate opportunity for public comment on such guidelines. The guidelines shall provide for notice to the Secretary prior to commencement of any proposed development within the boundaries of the Park. The Secretary shall provide written notice to the owner of the property of any determination proposed to be made under subsection (a)(2) and shall provide the owner a reasonable opportunity to comment on such proposal. (2) For purposes of this section, except as provided in paragraph (3), development or proposed development of private property within

Conservation. Public information. 16 USC 341 note.

Gifts and property. 16 USC 341 note.

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Page:United States Statutes at Large Volume 100 Part 1.djvu/992

 100 STAT. 956

Real property.

PUBLIC LAW 99-420—SEPT. 25, 1986

the boundaries of the Park that is significantly different from, or a significant expansion of, development existing as of November 1, 1985, shall be considered by the Secretary as detrimental to the values for which the Park was established. (3) Reconstruction or expansion of a private or commercial building shall not be treated as detrimental to the Park or as an incompatible development within the meaning of this section if such reconstruction or expansion is limited to one or more of the following: (A) Reconstruction of an existing building. (B) Construction of attached or accessory structural additions, which do not exceed 25 per centum of the square footage of the principal structure. (C) Construction of reasonable support development such as roads, parking facilities, water and sewage systems, and dock facilities. (c)(1) The Owners of any private property within the Park may, on the date of its acquisition by the Secretary and as a condition of such acquisition, retain for himself and his successors or assigns a right to use and occupancy for a definite term of not more than 25 years, or ending at the death of the owner, or his spouse, whichever is later. The owners shall elect the term to be reserved. The Secretary shall pay to the owner the fair market value of the property on the date of such acquisition, less the fair market value, of the right retained by the owner. (2) Any such right retained pursuant to this subsection shall be subject to such terms and conditions as the Secretary may prescribe and may be terminated by the Secretary upon his determination and after reasonable notice to the owner thereof that such property is being used for any purpose which is incompatible with the administration of the Park or with the preservation of the resources therein. Such right shall terminate by operation of law upon notification to the owner by the Secretary and tendering to the owner the amount equal to the fair market value of that portion which remains unexpired. (d)(1) In exercising his authority to acquire lands by exchange pursuant to this title, the Secretary may accept title to non-Federal property located within the the boundary of the Park and may convey to the grantor of such property any federally owned property under the jurisdiction of the Secretary which lies outside said boundary and depicted on the map. Properties so exchanged shall be approximately equal in value, as determined by the Secretary, except that the Secretary may accept cash from or pay cash to the grantor in such an exchange in order to equalize the value of the properties exchanged. (2) Federally owned property under jurisdiction of the Secretary referred to in paragraph (1) of this subsection which is not exchanged within 10 years after enactment of this Act, shall be conveyed to the towns in which the property is located without emcumbrance and without monetary consideration, except that no town shall be eligible to receive such lands unless, within 10 years after enactment of this Act, lands within the Park boundary and owned by the town have been acquired by the Secretary. (e) Notwithstanding any other provision of this section, lands depicted on the map referenced in section 101 and identified as lODBH and IIDBH known as the "Bar Harbor Sewage Treatment Plant"; 14DBH known as the "New Park Street Ballfield"; and

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Page:United States Statutes at Large Volume 100 Part 1.djvu/993

 PUBLIC LAW 99-420—SEPT. 25, 1986

100 STAT. 957

15DBH known as the "Former Park Headquarters"; shall be conveyed by the Secretary, without monetary consideration, to the town of Bar Harbor, Maine, within 180 days following the enactment of this Act. The real property conveyed pursuant to this subsection shall be used and retained by the town for municipal and public purposes. Title to the properties conveyed pursuant to this subsection shall revert to the United States if such property or any portion thereof is conveyed by the town to another party or used for purposes other than those specified in this subsection. (f) Notwithstanding any other provision of this section, land depicted on the map identified as 4DBH, located in the village of Town Hill, Maine, shall be conveyed by the Secretary without monetary consideration, to the town of Bar Harbor, Maine, as soon as practicable following the enactment of this Act, subject to such terms and conditions, including appropriate reversionary provisions, as will in the judgment of the Secretary provide for the development and use of such property by any town which so desires as a solid waste transfer station in accordance with a plan that is satisfactory to the town and the Secretary. The Secretary shall (subject to the availability of prior appropriations) contribute toward the cost of constructing such transfer station the lesser of— (1) $350,000, or (2) 50 per centum of the cost of such construction. (g) Notwithstanding any other provision of this section, the Secretary is authorized to acquire by donation or exchange lands or interests therein in the area identified on the map as "Schooner Head", which is outside the boundary of the park. The Secretary is further authorized to acquire conservation easements on such lands by purchase with donated or appropriated funds if he determines after written notice to the owner and after providing a reasonable opportunity to comment on such notice, that the property is being developed or proposed to be developed in a manner which is significantly different from or a significant expansion of development existing as of November 1, 1985, as defined in subsection (b) of this section. (h)(1) The Secretary is authorized to acquire conservation ease- Conservation, ments by purchase from a willing seller or by donation on parcels of land adjacent to the Park on Schoodic Peninsula, the islands of Hancock County, and the islands of Knox County east and south of the Penobscot Ship Channel, except such islands as lie within the town of Isle au Haut, Knox County. Parcels subject to conservation easements acquired or accepted by the Secretary under this subsection must possess one or more of the following characteristics: (A) important scenic, ecological, historic, archeological, or cultural resources; (B) shorefront property; or (C) largely undeveloped entire islands. (2) Conservation easements acquired pursuant to this subsection shall— (A) protect the respective scenic, ecological, historic, archeological, or cultural resources existing on the parcels; (B) preserve, through setback requirements or other appropriate restrictions, the open, natural, or traditional appearance of the shorefront when viewed from the water or from other public viewpoints; or (C) limit year-round and seasonal residential and commercial development to activities consistent with the preservation of the

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