text:
Page:United States Statutes at Large Volume 101 Part 1.djvu/732

 101 STAT. 702

PUBLIC LAW 100-94—AUG. 18, 1987

SEC. 7. OFFICIAL LOGO. 98 Stat. 1262.

Marketing.

-V A!

 * 4t:

Marketing.

Federal Register, publication.

AP K:

i

v

(a) IN GENERAL.—Section 10 is amended—

(1) by amending subsection (a) to read as follows: "(a)(l) For the purpose of this section, the term 'Christopher Columbus Quincentenary Logo' means the symbol or mark designated by the Commission for use in connection with the commemoration of the quincentennieil of the voyages of discovery of Christopher Columbus. "(2) The Commission may, in accordance with rules and regulations which the Commission shall prescribe, authorize the manufacture, reproduction, use, sale, or distribution of the Christopher Columbus Quincentenary Logo. "(3) The rules and regulations under paragraph (2) shall include provisions under which— "(A) fees may be charged for any authorization under this subsection (including circumstances under which any such fee may be waived); "(B) any authorization granted under this subsection shall not be subject to reassignment or transfer without approval by the Commission; and "(C) any authorization granted under this subsection may be revoked or otherwise terminated. "(4) Amounts charged under paragraph (3)(A) shall be available to the Commission."; (2) in subsection (b)— (A) by striking "or uses any such logos, symbols, or marks, or any facsimile thereof, or in such a manner as m ^j:K suggests any such logos, symbols, or marks," and inserting in lieu thereof "uses, sells, or distributes the Christopher Columbus Quincentenary Logo"; and -m t (B) by strUdng the second sentence thereof; and (3) by adding at the end the following: m "(c)(l) Notice of designation under subsection (a)(1) shall be published in the Federal Register. "(2) Any rules and regulations under subsection (a), and any penalty under subsection (b), shall apply only in the case of any symbol or mark for which the Commission publishes notice of designation under paragraph (1).". (b) SAVINGS PROVISIONS.—(1) All rules and regulations issued by the Christopher Columbus Quincentenary Jubilee Commission in connection with section 10 of the Christopher Columbus Quincentenary Jubilee Act (as in effect before the enactment of this Act) shall continue in effect, according to their terms, until modified, terminated, superseded, or repealed by the Commission. (2) No suit, action, or other proceeding lawfully commenced before the amendments made by subsection (a) become effective shall abate by reason of the enactment of this Act. Determinations with respect to any such suit, action, or other proceeding shall be made as if this Act had not been enacted.

�


text:
Page:United States Statutes at Large Volume 101 Part 1.djvu/733

 PUBLIC LAW 100-94—AUG. 18, 1987

101 STAT. 703

SEC. 8. TERMINATION DATE. Sections 11(a), llQo), and 12(a) are each amended by striking "November 15, 1992" and inserting in lieu thereof "December 31, 1993". Approved August 18, 1987.

•'Jj- :!

LEGISLATIVE HISTORY—H.R. 2309: HOUSE REPORTS: No. 100-254 (Comm. on Post Office and Civil Service). CONGRESSIONAL RECORD, Vol. 133 (1987): Aug. 3, considered and passed House. Aug. 5, considered and passed Senate.

98 Stat. 1262.

�

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


text:
Page:United States Statutes at Large Volume 101 Part 1.djvu/734

 101 STAT. 704

PUBLIC LAW 100-95—AUG. 18, 1987

Public Law 100-95 100th Congress An Act Aug. 18, 1987 [H.R. 2855] Wampanoag Tribal Council of Gay Head, Inc., Indian Claims Settlement Act of 1987. 25 USC 1771 note. 25 USC 1771.

25 USC 1771a.

To settle Indian land claims in the town of Gay Head, Massachusetts, and for other purposes. > ^^,^, _, < .(•

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

This Act may be cited as the "Wampanoag Tribal Council of Gay Head, Inc., Indian Claims Settlement Act of 1987". SEC. 2. CONGRESSIONAL FINDINGS AND DECLARATION OF POLICY.

The Congress hereby finds and declares that— (1) there is pending before the United States District Court for the District of Massachusetts a lawsuit that involves Indian claims to certain public lands within the town of Gay Head, Massachusetts; (2) the pendency of this lawsuit has resulted in severe economic hardships for the residents of the town of Gay Head by clouding the titles to much of the land in the town, including land not involved in the lawsuit; (3) the Congress shares with the Commonwealth of Massachusetts and the parties to the lawsuit a desire to remove all clouds on titles resulting from such Indian land claim; (4) the parties to the lawsuit and others interested in settlement of Indian land claims within the Commonwealth of Massachusetts executed a Settlement Agreement which, to become effective, requires implementing legislation by the Congress of the United States and the General Court of the Commonwealth of Massachusetts; (5) the town of Gay Head has agreed to contribute approximately 50 percent of the land involved in this settlement; (6) the State of Massachusetts has agreed to provide up to $2,250,000 to be used for the purchase of land to be held in trust by the Secretary for the use and benefit of the Wampanoag Tribal Council of Gay Head, Inc.; and (7) the Secretary has acknowledged the existence of the Wampanoag Tribal Council of Gay Head, Inc. as an Indian tribe and Congress hereby ratifies and confirms that existence as an Indian tribe with a government to government relationship with the United States. SEC. 3 GAY HEAD INDIAN CLAIMS SETTLEMENT FUND. . (a) FUND ESTABLISHED.—There is hereby established within the Treasury of the United States a fund to be known as the "Wampanoag Tribal Council of Gay Head, Inc. Claims Settlement Fund". Amounts in the fund shall be available to the Secretary to carry out the purposes of this Act. ,,,. x.„

�


text:
Page:United States Statutes at Large Volume 101 Part 1.djvu/735

 PUBLIC LAW 100-95—AUG. 18, 1987

101 STAT. 705

(b) AUTHORIZATION FOR APPROPRIATION.—There is hereby authorized to be appropriated $2,250,000 for such fund to remain available until expended. (c) STATE CONTRIBUTION REQUIRED.—Amounts may be expended

from the fund only upon deposit by the State of Massachusetts into the fund of an amount equal to that amount to be expended by the United States so that both the United States and the State of Massachusetts bear one-half of the cost of the acquisition of lands under section 6. SEC. 4. APPROVAL OF PRIOR TRANSFERS AND EXTINGUISHMENT OF ABORIGINAL TITLE AND CLAIMS OF GAY HEAD INDIANS.

25 USC 1771b.

(a) APPROVAL OF PRIOR TRANSFERS.—(1) Any transfer before the date of the enactment of this Act of land or natural resources now located anywhere within the United States from, by, or on behalf of the Wampanoag Tribal Council of Gay Head, Inc., or (2) any transfer before the date of the enactment of this Act by, from, or on behalf of any Indian, Indian nation, or tribe or band of Indians, of any land or natural resources located anywhere within the town of Gay Head, Massachusetts, including any transfer pursuant to any statute of the State, and the incorporation of the town of Gay Head, shall be deemed to have been made in accordance with the Constitution and all laws of the United States that are specifically applicable to transfers of land or natural resources from, by, or on behalf of any Indian, Indian nation, or tribe or band of Indians (including the Trade and Intercourse Act of 1790, Act of July 22, 1790 (ch. 33, sec. 4, 1 Stat. 137), and all amendments thereto and all subsequent versions thereof). Any such transfer and any transfer in implementation of this Act, shall be deemed to have been made with the consent and approval of Congress as of the date of such transfer. (b) EXTINGUISHMENT OF ABORIGINAL TITLE.—Any aboriginal title held by the Wampanoag Tribal Council of Gay Head, Inc. or any other entity presently or at any time in the past known as the Gay Head Indians, to any land or natural resources the transfer of which is consented to and approved in subsection (a) is considered extinguished as of the date of such transfer. (c) EXTINGUISHMENT OF CLAIMS ARISING FROM PRIOR TRANSFERS OR EXTINGUISHMENT OF ABORIGINAL TITLE.—Any claim (including

any claim for damages for use and occupancy) by the Wampanoag Tribal Council of Gay Head, Inc., the Gay Head Indians, or any other Indian, Indian nation, or tribe or band of Indians against the United States, any State or political subdivision of a State, or any other person which is based on— (1) any transfer of land or natural resources which is consented to and approved in subsection (a), or (2) any aboriginal title to land or natural resources the transfer of which is consented to and approved in subsection (b), is extinguished as of the date of any such transfer. (d) PERSONAL CLAIMS NOT AFFECTED.—No provision of this section shall be construed to offset or eliminate the personal claim of any individual Indian which is pursued under any law of general applicability that protects non-Indians as well as Indians. SEC. 5 CONDITIONS PRECEDENT TO FEDERAL PURCHASE OF SETTLE- 25 USC 1771c.. M E N T LANDS. (a) INITIAL DETERMINATION OF STATE AND LOCAL ACTION.—No

action shall be taken by the Secretary under section 6 before the

Federal Register, publication.

�


text:
Page:United States Statutes at Large Volume 101 Part 1.djvu/736

 101 STAT. 706

ii

PUBLIC LAW 100-95—AUG. 18, 1987

Secretary publishes notice in the Federal Rej;ister of the determination by the Secretary that— (1) the Commonwealth of Massachusetts has enacted legislation which provides that— (A) the town of Gay Head, Massachusetts, is authorized to convey to the Secretary to be held in trust for the < ' Wampanoag Tribal Council of Gay Head, Inc. the public ai'i..r settlement lands and the Cook lands subject to the conditions and limitations set forth in the Settlement Agree.,., i ment; and (B) the Wampanoag Tribal Council of Gay Head, Inc. shall have the authority, after consultation with appro-f priate State and local officials, to regulate any hunting by Indians on the settlement lands that is conducted by means other than firearms or crossbow to the extent provided in, and subject to the conditions and limitations set forth in, the Settlement Agreement; i (2) the Wampanoag Tribal Council of Gay Head, Inc., has submitted to the Secretary an executed waiver or waivers of the claims covered by the Settlement Agreement all claims extinguished by this Act, and all claims arising because of the '" approval of transfers and extinguishment of titles and claims ^ under this Act; and (3) the town of Gay Head, Massachusetts, has authorized the conveyance of the public settlement lands and the Cook Lands ^ to the Secretary in trust for the Wampanoag Tribal Council of Gay Head, Inc. (b) RELIANCE UPON THE ATTORNEY GENERAL OF MASSACHUSETTS.—

In making the findings required in subsection (a) of this section, the Secretary may rely upon the opinion of the Attorney General of the Commonwealth of Massachusetts. 25 USC 1771d.

SEC. 6. PURCHASE AND TRANSFER OF SETTLEMENT LANDS. (a) PURCHASE OF PRIVATE SETTLEMENT LANDS.—The Secretary is

authorized and directed to expend, at the request of the Wampanoag Tribal Council of Gay Head, Inc., $2,125,000 to acquire the private settlement lands. At the request of the Wampanoag Tribal Council of Gay Head, Inc., the Secretary shall not purchase lots 705, 222, and 528 of the private settlement lands, but, a t the request of the Wampanoag Tribal Council of Gay Head, Inc., the Secretary shall acquire in lieu thereof such other lands that are contiguous to the remaining private settlement lands. Upon the purchase of such contiguous lands, those lands shall be subject to the same restrictions and benefits as the private settlement lands. (b) PAYMENT FOR SURVEY AND APPRAISAL.—The Secretary is au-

Paul O'Leary.

-V'

thorized and directed to cause a survey of the public settlement lands to be made within 60 days of acquiring title to the public settlement lands. The Secretary shall reimburse the Native American Rights Fund and the Gay Head Taxpayers Association for an appraisal of the private settlement lands done by Paul O'Leary dated May 1, 1987. Such funds as may be necessary may be withdrawn from the Fund established in section 3(a) and may be used for the purpose of conducting the survey and providing reimbursement for the appraisal. (c) ACQUISITION OF ADDITIONAL LANDS.—The Secretary shall expend, at the request of the Wampanoag Tribal Council of Gay Head, Inc., any remaining funds not required by subsection (a) or (b)

�


text:
Page:United States Statutes at Large Volume 101 Part 1.djvu/737

 PUBLIC LAW 100-95—AUG. 18, 1987

101 STAT. 707

to acquire any additional lands that are contiguous to the private settlement lands. Any lands acquired pursuant to this section, and any other lands which are hereafter held in trust for the Wampanoag Tribal Council of Gay Head, Inc., any successor, or individual member, shall be subject to this Act, the Settlement Agreement and other applicable laws. Any after acquired land held in trust for the Wampanoag Tribal Council of Gay Head, Inc., any successor, or individual member, shall be subject to the same benefits and restrictions as apply to the most analogous land use described in the Settlement Agreement. (d) TRANSFER AND SURVEY OF LAND TO WAMPANOAG TRIBAL COUN-

CIL.—Any right, title, or interest to lands acquired by the Secretary under this section, and the title to public settlement lands conveyed by the town of Gay Head, shall be held in trust for the Wampanoag Tribal Council of Gay Head, Inc. and shall be subject to this Act, the Settlement Agreement, and other applicable laws. (e) PROCEEDINGS AUTHORIZED TO ACQUIRE OR TO PERFECT TITLE.—

The Secretary is authorized to commence such condemnation proceedings as the Secretary may determine to be necessary— (1) to acquire or perfect any right, title, or interest in any private settlement land, and (2) to condemn any interest adverse to any ostensible owner of such land, (f) PUBLIC SETTLEMENT LANDS HELD IN TRUST.—The Secretary is

authorized to accept and hold in trust for the benefit of the Wampanoag Tribal Council of Gay Head, Inc. the public settlement lands as described in section 8(7) of this Act immediately upon the effective date of this Act. (g) APPLICATION.—The terms of this section shall apply to land in the town of Gay Head. Any land acquired by the Wampanoag Tribal Council of Gay Head, Inc., that is located outside the town of Gay Head shall be subject to all the civil and criminal laws, ordinances, and jurisdiction of the Commonwealth of Massachusetts. (h) SPENDING AUTHORITY.—Any spending authority (as defined in section 401(c)(2) of the Congressional Budget Act of 1974) provided in this section shall be effective for any fiscal year only to such extent or in such amounts as are provided in appropriation Acts. SEC. 7. JURISDICTION OVER ALIENATION. (a)

LIMITATION

ON

SETTLEMENT LANDS;

INDIAN

JURISDICTION

RESTRAINT ON

OVER

SETTLEMENT

LANDS.—The Wampanoag Tribal Council of Gay Head, Inc., shall not have any jurisdiction over nontribal members and shall not exercise any jurisdiction over any part of the settlement lands in contravention of this Act, the civil regulatory and criminal laws of the Commonwealth of Massachusetts, the town of Gay Head, Massachusetts, and applicable Federal laws. 0))

SUBSEQUENT HOLDER BOUND TO SAME TERMS AND CONDI-

TIONS.—Any tribe or tribal organization which acquires any settlement land or any other land that may now or in the future be owned by or held in trust for any Indian entity in the town of Gay Head, Massachusetts, from the Wampanoag Tribal Council of Gay Head, Inc. shall hold such beneficial interest to such land subject to the same terms and conditions as are applicable to such lands when held by such council.

91-194 O - 90 - 24: QL.3 Part 1

2 USC 651.

25 USC 177 le.

�


text:
Page:United States Statutes at Large Volume 101 Part 1.djvu/738

 101 STAT. 708

PUBLIC LAW 100-95—AUG. 18, 1987

(c) RESERVATIONS OF RIGHT AND AUTHORITY RELATING TO SETTLEMENT LANDS.—No provision of this Act shall affect or otherwise

impair— (1) any authority to impose a lien or temporary seizure on the settlement lands as provided in the State Implementing Act; (2) the authority of the Secretary to approve leases in accordance with the Act entitled "An Act to authorize the leasing of restricted Indian lands for public, religious, educational, recreational, residential, business, and other purposes requiring the grant of long-term leases", approved August 9, 1955 (25 U.S.C. 415 et seq.); or (3) the legal capacity of the Wampanoag Tribal Council of Gay Head, Inc. to transfer the settlement lands to any tribal entity which may be organized as a successor in interest to Wampanoag Tribal Council of Gay Head, Inc. or to transfer— (A) the right to use the settlement lands to its members, ~ -^ ^"' - •{ /.fcfc

(B) any easement for public or p r i v a t e purposes in accordance with the laws of the C o m m o n w e a l t h of Massachusetts or the ordinances of the town of Gay Head, Massachusetts, or (C) title to the West Basin S t r i p to the town of G a y Head,

Massachusetts, pursuant to the terms of the Settlement Agreement. (d) EXEMPTION FROM STATE ASSESSMENT.—Any land held in trust by the Secretary for the benefit of the Wampanoag Tribal Council of Gay Head, Inc. shall be exempt from taxation or lien or "in lieu of payment" or other assessment by the State or any political subdivision of the State to the extent provided by the Settlement Agreement: Provided, however, That such taxation or lien or "in lieu of payment" or other assessment will only apply to lands which are zoned and utilized as commercial: Provided further. That this section shall not be interpreted as restricting the Tribe from entering into an agreement with the town of Gay Head to reimburse such town for the delivery of specific public services on the tribal lands. 25 USC 1771f

.r ';

SEC. 8. DEFINITIONS.

c.£

^\,/^

'.;«-•.':=«:;

For the purposes of this Act: (1) COOK LANDS.—The term "Cook lands" means the lands described in paragraph (5) of the Settlement Agreement. (2) WAMPANOAG TRIBAL COUNCIL OF GAY HEAD, INC.—The term "Wampanoag Tribal Council of Gay Head, Inc." means the tribal entity recognized by the Secretary of the Interior as having a government to government relationship with the United States. The Wampanoag Tribal Council of Gay Head, Inc. is the sole and legitimate tribal entity which has a claim under the Trade and Intercourse Act of 1790, Act of July 22, 1790 (ch. 33, sec. 4, 1 Stat. 137), to land within the town of Gay Head. The membership of the Wampanoag Tribal Council of Gay Head, Inc., includes those 521 individuals who have been recognized by the Secretary of the Interior as being members of the Wampanoag Tribal Council of Gay Head, Inc., and such Indians of Gay Head ancestry as may be added from time to time by the governing body of the Wampanoag Tribal Council of Gay Head, Inc.: Provided, That nothing in this section shall prevent the voluntary withdrawal from membership in the Wampanoag Tribal Council of Gay Head, Inc., pursuant to procedures established by the Tribe. The governing body of the

�


text:
Page:United States Statutes at Large Volume 101 Part 1.djvu/739

 PUBLIC LAW 100-95—AUG. 18, 1987

101 STAT. 709

Wampanoag Tribal Council of Gay Head, Inc. is hereby authorized to act on behalf of and bind the Wampanoag Tribal Council of Gay Head, Inc., in all matters related to carrying out this Act. (3) FUND.—The term "fund" means the Wampanoag Tribal Council of Gay Head, Inc. Claims Settlement Fund established under section 3. (4) LAND OR NATURAL RESOURCES.—The term "land or natural resources" means any real property or natural resources or any interest in or right involving any real property or natural resource, including but not limited to, minerals and mineral rights, timber and timber rights, water and water rights, and rights to hunt and fish. (5) LAWSUIT.—The term "lawsuit" means the action entitled Wampanoag Tribal Council of Gay Head, and others versus Town of Gay Head, and others (C.A. No. 74-5826-McN (D. Mass.)). (6) PRIVATE SETTLEMENT LANDS.—The term "private settlement lands" means approximately 177 acres of privately held land described in paragraph 6 of the Settlement Agreement. (7) PUBLIC SETTLEMENT LANDS.—The term "public settlement lands" means the lands described in paragraph (4) of the Settlement Agreement. (8) SETTLEMENT LANDS.—The term "settlement lands" means the private settlement lands and the public settlement lands. (9) SECRETARY.—The term "Secretary means the Secretary of the Interior. (10) SETTLEMENT AGREEMENT.—The term "Settlement Agreement" means the document entitled "Joint Memorandum of Understanding Concerning Settlement of the Gay Head, Massachusetts, Indian Land Claims," executed as of November 22, 1983, and renewed thereafter by representatives of the parties to the lawsuit, and as filed with the Secretary of the Commonwealth of Massachusetts. (11) STATE IMPLEMENTING ACT.—The term "State implementing act" means legislation enacted by the Commonwealth of Massachusetts conforming to the requirements of this Act and the requirements of the Massachusetts Constitution. (12) TRANSFER.—The term "transfer" includes— (A) any sale, grant, lease, allotment, partition, or conveyance, (B) any transaction the purpose of which is to effect a sale, grant, lease, allotment, partition, or conveyance, or (C) any event or events that resulted in a change of possession or control of land or natural resources. (13) WEST BASIN STRIP.—The term "West Basin Strip" means a strip of land along the West Basin which the Wampanoag Tribal Council is authorized to convey, under paragraph (11) of the Settlement Agreement, to the town of Gay Head.

SEC. 9. APPLICABILITY OF STATE LAW.

Except as otherwise expressly provided in this Act or in the State Implementing Act, the settlement lands and any other land that may now or hereafter be owned by or held in trust for any Indian tribe or entity in the town of Gay Head, Massachusetts, shall be subject to the civil and criminal laws, ordinances, and jurisdiction of the Commonwealth of Massachusetts and the town of Gay Head,

"^ >' '-'^

r

«

 * ?- f J.;;J

25 USC 1771g.

�


text:
Page:United States Statutes at Large Volume 101 Part 1.djvu/740

 101 STAT. 710

PUBLIC LAW 100-95—AUG. 18, 1987

Massachusetts (including those laws and regulations which prohibit or regulate the conduct of bingo or any other game of chance). 25 USC 1771h.

SEC. 10. LIMITATIONS OF ACTION; JURISDICTION.

Notwithstanding any other provision of law, any action to contest the constitutionality or validity under law of this Act shall be barred unless the complaint is filed within thirty days after the date of enactment of this Act. Exclusive original jurisdiction over any such action and any proceedings under section 6(e) is hereby vested in the United States District Court of the District of Massachusetts. 25 USC 1771 note.

25USei771i.

SEC. 11. EFFECTIVE DATE.

(a) IN GENERAL.—Except as provided in subsection (b), this Act shall take effect upon the date of enactment. (b) EXCEPTION.—Section 4 shall take effect upon the date on which the title of all of the private settlement lands provided for in this Act to the Wampanoag Tribal Council of Gay Head, Inc. is transferred. The fact of such transfer, and the date thereof, shall be certified and recorded by the Secretary of the Commonwealth of Massachusetts. SEC. 12. ELIGIBILITY.

For the purpose of eligibility for Federal services made available to members of federally recognized Indian tribes, because of their status as Indians, members of this tribe residing on Martha's Vineyard, Massachusetts, shall be deemed to be living on or near an Indian reservation. Approved August 18, 1987.

,).

";»?''!

LEGISLATIVE HISTORY—H.R. 2855: HOUSE REPORTS: No. 100-238 (Comm. on Interior and Insular Affairs). CONGRESSIONAL RECORD, Vol. 133 (1987): July 28, considered and passed House. Aug. 6, considered and passed Senate. 1^*?./,?« I.) >; *? >

�


text:
Page:United States Statutes at Large Volume 101 Part 1.djvu/741

 PUBLIC LAW 100-96—AUG. 18, 1987

101 STAT. 711

Public Law 100-96 100th Congress Joint Resolution To support a ceasefire in the Iran-Iraq war and a negotiated solution to the conflict.

Whereas the conflict between Iran and Iraq has resulted in more than 400,000 fatalities on both sides, including tens of thousands of adolescents since its beginning in September 1980; Whereas both sides have resorted to periodic attacks on the civilian population of the other country, including Iranian missile attacks on Baghdad and Iraqi Air Force bombing raids on Iranian population centers; Whereas more than 75,000 prisoners of war are being held on both sides; Whereas Iraq has resorted to the use of chemical weapons, in violation of its obligations under international law not to use such weapons; Whereas attacks on neutral shipping in the Persian Gulf threaten to limit the access of the United States and its allies to oil supplies from the region; Whereas Iranian troops continue to occupy Iraqi territory; Whereas the possibility of a decisive Iranian breakthrough cannot be precluded as long as the war continues; Whereas such a breakthrough would be destabilizing to a number of friendly countries in the region, which would be increasingly vulnerable as a result of an Iranian victory both to direct Iranian attacks and to Iranian sponsored subversion and terrorist activities; Whereas a continuation of the conflict will inevitably lead to tens of thousands of additional casualties, including large numbers of civilians; and Whereas the Iraqi Government has called for an immediate ceasefire and a negotiated solution to the conflict, including a withdrawal to the internationaly recognized border: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. CONSEQUENCES OF CONTINUATION OF IRAN-IRAQ WAR.

The Congress finds that continuation of the Iran-Iraq war— (1) would produce unacceptable levels of death and destruction which would be incompatible with the humanitarian concerns and values of the American people; and (2) could result in an Iranian breakthrough which would threaten the stability of the entire region and would not be in the strategic interests of the United States. SEC. 2. SUPPORT FOR A CEASEFIRE AND A NEGOTIATED SOLUTION TO THE CONFLICT.

Accordingly, the policy of the United States Government shall be to support—

Aug. 18, 1987 [H.J. Res. 216]

�


text:
Page:United States Statutes at Large Volume 101 Part 1.djvu/742

 101 STAT. 712

PUBLIC LAW 100-96—AUG. 18, 1987 (1) a ceasefire and a negotiated solution to the Iran-Iraq conflict, including a withdrawal to the internationaly rec(^nized border, and (2) the establishment of an international tribunal to investigate the origins of the conflict.

SEC. 3. INTERNATIONAL MEASURES IF NEGOTIATIONS AND CEASEFIRE REJECTED.

It is the sense of the Congress that if either party to the Iran-Iraq war rejects peace negotiations and an internationaly sanctioned ceasefire, including a withdrawal to the internationaly recognized border, the United States should support internationaly approved political and economic measures against that country, and maintain existing limitations on trade. Approved August 18, 1987. >.>H--

'.

'
 * .-.' M.

•• I '..

.'ill' 1 I'I *

•

I

 * v'5isifi')

o..

•^ ^\. r

> " '--I' 'i'i " ' lh.f>,i

i.

LEGISLATIVE HISTORY—H.J. Res. 216: CONGRESSIONAL RECORD, Vol. 133 (1987): July 13, considered and passed House. Aug. 7, considered and passed Senate.

•X', r r..' >%"

�


text:
Page:United States Statutes at Large Volume 101 Part 1.djvu/743

 PUBLIC LAW 100-97—AUG. 18, 1987

101 STAT. 713

Public Law 100-97 100th Congress An Act To provide g r a n t s to support excellence in minority health professions education.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Excellence in Minority Health Education and Care Act". FINDINGS AND PURPOSES

SEC. 2. (a) The Congress makes the following findings: (1) Minority health care needs are currently greater than the health care needs of the general population. ] (2) While the number of health professionals has increased, i there are still shortages of health professionals from minority groups and there has been a drop in the enrollment of minority individuals in some health professions education programs. (3) Health professionals from minority groups have critical roles in serving low-income minority populations, particularly in inner-city areas and rural areas, i (4) Historically, minority schools have developed a special capacity to conduct activities to prepare health professionals to serve minority populations. (5) Health professions schools which train a disproportionate number of minority students also provide a disproportionate amount of health care services to minority populations. (6) A disproportionate number of minority students trained at the schools described in paragraph (5) choose to practice in underserved areas. (7) In the United States— (A) there are only 4 schools of medicine, 2 schools of dentistry, and 4 schools of pharmacy which focus predominantly on minority health professions education, and 40 percent of black physicians, 50 percent of all black dentists, and 25 percent of all black pharmacists have trained at one of those schools; and (B) there is only 1 school of veterinary medicine which focuses predominantly on the training of minority students, and that school has trained 75 percent of all black veterinarians. (b) The purposes of this Act are to— (1) strengthen the national capacity to train minority students in the health professions; and (2) support the health professions schools which have trained a significant number of the Nation's minority health professionals and enable those schools to supply health professionals to serve minority populations in underserved areas.

Aug. 18, 1987 [S. 769] Excellence in Minority Health Education and Care Act. 42 USC 201 note. 42 USC 295g-8a note.

ASSISTANCE

SEC. 3. Part F of title VII of the Public Health Service Act is amended by inserting before section 788B the following new section: "GRANTS FOR MINORITY EDUCATION

"SEC. 788A. (a) The Secretary shall make grants to health professions schools to assist such schools in supporting programs of excellence in health professions education for minority individuals. A grant under this section shall be used by a health professions school to—

Schools and colleges. 42 USC 295g-8a.

�


text:
Page:United States Statutes at Large Volume 101 Part 1.djvu/744

 101 STAT. 714

Libraries.

42 USC 292a. Contracts. 42 USC 295g-8b. Appropriation authorization.

PUBLIC LAW 100-97—AUG. 18, 1987

"(1) develop a plan to achieve institutional improvements, including financial independence, to enable such school to support programs of excellence in health professions education for minority individuals; "(2) improve the capacity of such school to recruit and retain faculty; "(3) provide improved access to the library and information resources of such school; "(4) establish, strengthen, or expand programs to enhance the academic performance of students in such school; "(5) establish, strengthen, or expand programs to increase the number and quality of applicants for admission to such school; and "(6) develop curricula and carry out faculty training programs in order to enable such school to become, for the Nation's health care providers, a resource with respect to the health problems of minority communities, such as higher infant mortality rates and higher incidences of acquired immunodeficiency syndrome. "(b) No grant may be made under this section unless an application therefor has been submitted to the Secretary at such time, in such form, and containing such information, as the Secretary may by regulation prescribe. "(c) In order to be eligible for a grant under this section, a health professions school must— "(1) be a school described in section 701(4); and "(2) have received a contract under section 788B for fiscal year 1987. "(d) To carry out this section, there are authorized to be appropriated $10,000,000 for fiscal year 1988 and such sums as may be necessary for each of the fiscal years 1989, 1990, and 1991.". Approved August 18, 1987.

LEGISLATIVE HISTORY—S. 769: SENATE REPORTS: No. 100-110 (Comm. on Labor and Human Resources). CONGRESSIONAL RECORD, Vol. 133 (1987): July 21, considered and passed Senate. Aug. 4, considered and passed House. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 23 (1987): Aug. 19, Presidential statement.

�


text:
Page:United States Statutes at Large Volume 101 Part 1.djvu/745

 PUBLIC LAW 100-98—AUG. 18, 1987 Public Law 100-98 100th Congress

101 STAT. 715 '

An Act To designate the Federal building located at 330 Independence Avenue, SW, Washington. District of Columbia, as the "Wilbur J. Cohen Federal Building".

Aug. 18, 1987 [S. 1371]

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

The Federal Building located at 330 Independence Avenue, SW, Washington, District of Columbia, shall be known and designated as the "Wilbur J. Cohen Federal Building". SEC. 2. LEGAL REFERENCES.

Any reference to such building in any law, map, regulation, document, record, or other paper of the United States shall be deenied to be a reference to the "Wilbur J. Cohen Federal Building". Approved August 18, 1987.

LEGISLATIVE HISTORY—S. 1371 (H.R. 2655): HOUSE REPORTS: No. 100-269 accompanying H.R. 2655 (Comm. on Public Works and Transportation). CONGRESSIONAL RECORD, Vol. 133 (1987): July 7, considered and passed Senate. Aug. 6, considered and passed House in lieu of H.R. 2655.

'

�


text:
Page:United States Statutes at Large Volume 101 Part 1.djvu/746

 101 STAT. 716

PUBLIC LAW 100-99—AUG. 18, 1987

Public Law 100-99 100th Congress

J)O ^

^; r

., ,\>,

An Act Aug. 18, 1987 [S. 1577]

Ante, p. 309.

To extend certain protections under title 11 of the United States Code, the Bankruptcy Code.

,,r

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That Public Law 100-41 is amended by striking out "September 15, 1987" and inserting in lieu thereof "October 15, 1987". Approved August 18, 1987.

.

^."',

^.';' •

LEGISLATIVE HISTORY—S. 1577: CONGRESSIONAL RECORD, Vol. 133 (1987): • Aug. 3, considered and passed Senate. Aug. 6, considered and passed House. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 23 (1987): Aug. 19, Presidential statement.

�


text:
Page:United States Statutes at Large Volume 101 Part 1.djvu/747

 PUBLIC LAW 100-100—AUG. 18, 1987

101 STAT. 717

Public Law 100-100 100th Congress An Act To amend the Farm Disaster Assistance Act of 1987 to extend the reporting date for the ethanol cost effectiveness study.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. ETHANOL COST-EFFECTIVENESS STUDY.

(a) IN GENERAL.—Section 13(d) of the Farm Disaster Assistance Act of 1987 (Public Law 100-45; 101 Stat. 324) is amended by striking out "90 days" and inserting in lieu thereof "180 days". (b) EFFECTIVE DATE.—The amendment made by subsection (a) shall become effective on May 27, 1987. Approved August 18, 1987.

!if.4.4-.-,.^

LEGISLATIVE HISTORY—S. 1597: CONGRESSIONAL RECORD, Vol. 133 (1987): Aug. 5, considered and passed Senate. Aug. 7, considered and passed House.

Aug. 18, 1987 [S. 1597]

�


text:
Page:United States Statutes at Large Volume 101 Part 1.djvu/748

 101 STAT. 718

PUBLIC LAW 100-101—AUG. 18, 1987

Public Law 100-101 100th Congress Joint Resolution Aug. 18, 1987 [S.J. Res. 44]

..^;,^, To designate November 1987, as "National Diabetes Month".

Whereas diabetes is the third leading cause of death, killing more than all other diseases except cancer and cardiovascular diseases; Whereas diabetes afflicts 11 million Americans and over five million of these individuals are not aware of their illness; Whereas nearly $14,000,000,000 annually are spent on health care costs, disability payments and premature mortality costs due to diabetes; Whereas up to 85 per centum of all cases of non-insulin dependent diabetes may be preventable through greater public understanding, awareness, and education; Whereas diabetes is particularly prevalent among black, Hispanic, and Native Americans, and women; Whereas diabetes is the number one cause of new blindness in people between the ages of twenty and seventy-four, and is a leading cause of kidney disease, heart disease, strokes, birth defects, and lower life expectancy, the severity of which all may be reduced through greater patient and public understanding, awareness, and education: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the month of November 1987 is designated as "National Diabetes Month" and the President is authorized and requested to issue a proclamation calling upon the people of the United States to observe that month with appropriate programs, ceremonies, and activities. Approved August 18, 1987.

LEGISLATIVE HISTORY—S.J. Res. 44: CONGRESSIONAL RECORD, Vol. 133 (1987): June 25, considered and passed Senate. Aug. 6, considered and passed House.

�


text:
Page:United States Statutes at Large Volume 101 Part 1.djvu/749

 PUBLIC LAW 100-102—AUG. 18, 1987

101 STAT. 719

Public Law 100-102 100th Congress Joint Resolution To designate September 18, 1987, as "National POW/MIA Recognition Day".

Whereas the United States has fought in many wars; Whereas thousands of Americans who served in such wars were captured by the enemy or are missing in action; Whereas many American prisoners of war were subjected to brutal and inhuman treatment by their enemy captors in violation of international codes and customs for the treatment of prisoners of war and many prisoners of war died from such treatment; Whereas many Americans are still listed as missing and unaccounted for and the uncertainty surrounding their fates has caused their families to suffer acute hardship; and Whereas the sacrifices of American prisoners of war and Americans missing in action and their families are deserving of national recognition: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled. That September 18, 1987, shall be designated as "National POW/MIA Recognition Day", and the President is authorized and requested to issue a proclamation calling upon the people of the United States to observe such day with appropriate ceremonies and activities. Approved August 18, 1987.

LEGISLATIVE HISTORY—S.J. Res. 49: CONGRESSIONAL RECORD, Vol. 133 (1987): Mar. 24, considered and passed Senate. Aug. 6, considered and passed House.

[S.J. Res. 49]

�


text:
Page:United States Statutes at Large Volume 101 Part 1.djvu/750

 101 STAT. 720

PUBLIC LAW 100-103—AUG. 18, 1987

Public Law 100-103 100th Congress

.,.. _.^[ Joint Resolution

Aug. 18, 1987 [S.J. Res. 87]

To designate November 17, 1987, as "National Community Education Day".

Whereas public education is a community enterprise, and everyone in the community has a stake in the mission of educating adults as well as the community's children; Whereas local citizens have a right and a responsibility to be involved in deciding how the educational resources of the community should be used; Whereas education reform should, in the words of A Nation at Risk, "focus on the goal of creating a Learning Society"; Whereas the goal of community education is to promote parental involvement, lifelong learning, and educational partnerships; Whereas each community should promote the use of community resources in schools and colleges, citizen involvement in educational decisionmaking, the use of community resources to provide educational opportunities for learners of all ages and educational backgrounds, and interagency cooperation to assure effective use of limited resources; and Whereas community education encourages the participation of all generations: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled. That November 17, 1987, is designated as "National Community Education Day", and the President is requested to issue a proclamation calling upon the people of the United States to observe such day with appropriate ceremonies and activities. Approved August 18, 1987.

LEGISLATIVE HISTORY—S.J. Res. 87: CONGRESSIONAL RECORD, Vol. 133 (1987): June 25, considered and passed Senate. Aug. 6, considered and passed House.

�


text:
Page:United States Statutes at Large Volume 101 Part 1.djvu/751

 PUBLIC LAW 100-104—AUG. 18, 1987 Public Law 100-104 100th Congress

».

101 STAT. 721

Joint Resolution Aiirr I S 1Q87

To designate October 6, 1987, as "German-American Day".

Whereas the tricentennial of the arrival of the first German immigrants to the United States was celebrated on October 6, 1983; Whereas such day was proclaimed by the President to be GermanAmerican Day in honor of the contributions made by German immigrants to the life and culture of the United States; Whereas such contributions should be recognized and celebrated every year; and Whereas the German-American Friendship Garden, symbolic of friendly relations between West Germany and the United States, will be dedicated in the District of Columbia in the near future: ' Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That October 6, 1987, is designated as "German-American Day", and the President is authorized and requested to issue a proclamation calling on the people of the United States to observe such day with appropriate ceremonies and activities. Approved August 18, 1987.

LEGISLATIVE HISTORY—S.J. Res. 108: CONGRESSIONAL RECORD, Vol. 133 (1987): June 25, considered and passed Senate. Aug. 6, considered and passed House.

[S.J. Res. 108]

�


text:
Page:United States Statutes at Large Volume 101 Part 1.djvu/752

 101 STAT. 722

PUBLIC LAW 100-105—AUG. 18, 1987

Public Law 100-105 100th Congress Joint Resolution Aug. 18, 1987 [S.J. Res. 109]

To designate the week beginning October 4, 1987, as "National School Yearbook o o yf^^^„

Whereas educating the young people of the United States is essential in ensuring that the United States continues to make economic and cultural progress; Whereas the communication of the educational achievements of students and educational institutions in the United States has a vital impact on the people of the United States; Whereas school yearbooks provide vivid pictorial and editorial insights into such educational achievements; Whereas the thousands of young people who produce school yearbooks each year receive significant editorial, photographic, and business experiences; Whereas a recent study conducted by the American College Testing Program has shown that college freshmen who worked on a yearbook staff in high school have higher ACT composite scores, perform better on standardized college writing tests, and achieve higher grade point averages during their first year of college than freshmen with no high school yearbook experience; Whereas school yearbooks provide valuable historical documents for educational institutions; and Whereas school yearbooks have been an important part of the culture of the United States for approximately two centuries: 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 October 4, 1987, is designated "National School Yearbook Week", and the President is authorized and requested to issue a proclamation calling upon the people of the United States to observe such week with appropriate ceremonies and activities. Approved August 18, 1987.

LEGISLATIVE HISTORY—S.J. Res. 109: CONGRESSIONAL RECORD, Vol. 133 (1987): June 25, considered and passed Senate. Aug. 6, considered and passed House.

�


text:
Page:United States Statutes at Large Volume 101 Part 1.djvu/753

 PUBLIC LAW 100-106—AUG. 18, 1987

101 STAT. 723

Public Law 100-106 100th Congress Joint Resolution To designate the month of October 1987, as "Lupus Awareness Month".

Whereas Lupus Er5rthematosus is a disease of unknown cause that affects over five-hundred thousand people in the United States, 90 percent of whom are women in their childbearing years; Whereas Lupus Er3^hematosus, though not a rare disease, is unfamiliar even to some physicians which may result in the disease being misdieignosed or diagnosed too late; Whereas Lupus Erythematosus in the most severe form can be fatal; Whereas The Lupus Foundation of America, Inc., its constituent chapters, and other voluntary health organizations are established throughout the United States to serve and support victims of lupus and their families, encourage funding for research, and increase public awareness; and Wheregis the public and the Federal Government are not sufficiently aware of the incidence of Lupus Er3^hematosus: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the month of October 1987, is designated as "Lupus Awareness Month" and the President is authorized and requested to issue a proclamation calling upon the people of the United States to observe the month with appropriate programs, ceremonies, and activities. Approved August 18, 1987.

LEGISLATIVE HISTORY—S.J. Res. 157: CONGRESSIONAL RECORD, Vol. 133 (1987): June 25, considered and passed Senate. Aug. 6, considered and passed House.

Aug. 18, 1987 [S.J. Res. 157]

�


text:
Page:United States Statutes at Large Volume 101 Part 1.djvu/754

 101 STAT. 724

PUBLIC LAW 100-107—AUG. 20, 1987

Public Law 100-107 100th Congress ^ Aug. 20, 1987 [H.R. 812]

An Act

To amend the Stevenson-Wydler Technology Innovation Act of 1980 to establish the Malcolm Baldrige National Quality Award, with the objective of encouraging American business and other organizations to practice effective quality control in the provision of their goods and services.

Malcolm

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

Baldrige National Quality

SECTION 1. SHORT TITLE.

A^fofTgs?" Decorations,

This Act may be cited as the "Malcolm Baldrige National Quality Improvement Act of 1987".

medals, awards. 15 USC 3701

"5 USC 3711a note.

.

SEC. 2. FINDINGS AND PURPOSES.

•

,

<ti

^

^^^ FINDINGS.—The Congress finds and declares that— (1) the leadership of the United States in product and process quality has been challenged strongly (and sometimes success' fully) by foreign competition, and our Nation's productivity growth has improved less than our competitors over the last two • decades; ^ (2) American business and industry are beginning to understand that poor quality costs companies as much as 20 percent of sales revenues nationally, and that improved quality of goods and services goes hand in hand with improved productivity, lower costs, and increased profitability; (3) strategic planning for quality and quality improvement programs, through a commitment to excellence in manufacturing and services, are becoming more and more essential to the well-being of our Nation's economy and our ability to compete effectively in the global marketplace; (4) improved management understanding of the factory floor, worker involvement in quality, and greater emphasis on statistical process control can lead to dramatic improvements in the cost and quality of manufactured products; (5) the concept of quality improvement is directly applicable to small companies as well as large, to service industries as well as manufacturing, and to the public sector as well as private enterprise; (6) in order to be successful, quality improvement programs must be management-led and customer-oriented and this may require fundamental changes in the way companies and agencies do business; (7) several major industrial nations have successfully coupled rigorous private sector quality audits with national awards giving special recognition to those enterprises the audits identify as the very best; and (8) a national quality award program of this kind in the United States would help improve quality and productivity by—

�


text:
Page:United States Statutes at Large Volume 101 Part 1.djvu/755

 PUBLIC LAW 100-107—AUG. 20, 1987

101 STAT. 725

(A) helping to stimulate American companies to improve quality and productivity for the pride of recognition while obtaining a competitive edge through increased profits, (B) recognizing the achievements of those companies which improve the quality of their goods and services and providing an example to others, ih (C) establishing guidelines and criteria that can be used by business, industrial, governmental, and other organizations in evaluating their own quality improvement efforts, '1 and (D) providing specific guidance for other American organizations that wish to learn how to manage for high quality by making available detailed information on how winning organizations were able to change their cultures and achieve eminence. 0>) PURPOSE,—It is the purpose of this Act to provide for the establishment and conduct of a national quality improvement program under which (1) awards are given to selected companies and other organizations in the United States that practice effective quality management and as a result make significant improvements in the quality of their goods and services, and (2) information is disseminated about the successful strategies and programs. SEC. 3. ESTABLISHMENT OF THE MALCOLM BALDRIGE NATIONAL QUALITY AWARD PROGRAM.

(a) IN GENERAL.—The Stevenson-Wydler Technology Innovation 15 USC Act of 1980 (15 U.S.C. 3701 et seq.) is amended by redesignating 3712-3714. sections 16,17, and 18 as sections 17,18, and 19, respectively, and by inserting after section 15 the following new section: "SEC. 16. MALCOLM BALDRIGE NATIONAL QUALITY AWARD.

15 USC 3711a.

"(a) ESTABLISHMENT.—There is hereby established the Malcolm Baldrige National Quality Award, which shall be evidenced by a medal bearing the inscriptions 'Malcolm Baldrige National Quality Award' and 'The Quest for Excellence'. The medal shall be of such design and materials and bear such additional inscriptions as the Secretary may prescribe. "(b) MAKING AND PRESENTATION OF AWARD.—(1) The President (on President of U.S.

the basis of recommendations received from the Secretary), or the Secretary, shall periodically make the award to companies and other organizations which in the judgment of the President or the Secretary have substantially benefited the economic or social wellbeing of the United States through improvements in the quality of their goods or services resulting from the effective practice of quality management, and which as a consequence are deserving of special recognition. "(2) The presentation of the award shall be made by the President President of U.S. or the Secretary with such ceremonies as the President or the Secretary may deem proper. "(3) An organization to which an award is made under this section, and which agrees to help other American organizations improve their quality management, may publicize its receipt of such award and use the award in its advertising, but it shall be ineligible to receive another such award in the same category for a period of 5 years.

�


text:
Page:United States Statutes at Large Volume 101 Part 1.djvu/756

 101 STAT. 726

PUBLIC LAW 100-107—AUG. 20, 1987 "(c) CATEGORIES IN WHICH AWARD MAY BE GIVEN.—(1) Subject to

paragraph (2), separate awards shall be made to qualifying organizations in each of the following categories— "(A) Small businesses. "(B) Companies or their subsidiaries. "(C) Companies which primarily provide services. "(2) The Secretary may at any time expand, subdivide, or otherwise modify the list of categories within which awards may be made as initially in effect under paragraph (1), and may establish separate awards for other organizations including units of government, upon a determination that the objectives of this section would be better served thereby; except that any such expansion, subdivision, modification, or establishment shall not be effective unless and until the Secretary has submitted a detailed description thereof to the Congress and a period of 30 days has elapsed since that submission. "(3) Not more than two awards may be made within any subcategory in any year (and no award shall be made within any category or subcategory if there are no qualifying enterprises in that category or subcategory). "(d) CRITERIA FOR QUALIFICATION.—(1) An organization may qualify for an award under this section only if it— "(A) applies to the Director of the National Bureau of Standards in writing, for the award, "(B) permits a rigorous evaluation of the way in which its business and other operations have contributed to improve• } •, ments in the quality of goods and services, and "(C) meets such requirements and specifications as the Secretary, after receiving recommendations from the Board of Overseers established under paragraph (2)(B) and the Director of the National Bureau of Standards, determines to be appro-• < V priate to achieve the objectives of this section. In applying the provisions of subparagraph (C) with respect to any organization, the Director of the National Bureau of Standards shall rely upon an intensive evaluation by a competent board of examiners which shall review the evidence submitted by the organization and, through a site visit, verify the accuracy of the quality improvements claimed. The examination should encompass all aspects of the ^ organization's current practice of quality management, as well as ' •' the organization's provision for quality management in its future goals. The award shall be given only to organizations which have made outstanding improvements in the quality of their goods or services (or both) and which demonstrate effective quality management through the training and involvement of all levels of personnel in quality improvement. "(2)(A) The Director of the National Bureau of Standards shall, under appropriate contractual arrangements, carry out the Director's responsibilities under subparagraphs (A) and (B) of paragraph a ' j > t r HR;rf« (1) through one or more broad-based nonprofit entities which are leaders in the field of quality management and which have a history of service to society. "(B) The Secretary shall appoint a board of overseers for the award, consisting of at least five persons selected for their preeminence in the field of quality management. This board shall meet annually to review the work of the contractor or contractors and make such suggestions for the improvement of the award process as Reports. they deem necessary. The board shall report the results of the award activities to the Director of the National Bureau of Standards each

�


text:
Page:The Yellow Book - 06.djvu/111

 fiends something to pass them down food on the voyage and give them an airing at nights. We had a particularly lively trip, battened everything down tight, and scarcely uncovered till we got into port. Then I and another man found those five girls among the coal."

"Dead, eh?"

"They'd simply torn themselves to pieces. Their bits of frock things were in strips, and they were scratched deep from top to toe. The Chinese had never troubled their heads about them at all, although they must have known it meant death. You may bet there was a row. The Japanese authorities make you search ship before sailing, now."

"Well?"

"Well, I sha'n't die like that. That's all."

He stretched himself out once more, and for ten minutes neither spoke. The park-keeper strolled up again.

"Get up, there!" he said shortly and gruffly.

"Up ye get, mate," added Darkey, but the man on the bench did not stir. One look at his face sufficed to startle the keeper, and presently two policemen were wheeling an ambulance cart to the hospital. Darkey followed, gave such information as he could, and then went his own ways.

II

In the afternoon the patient regained full consciousness. His eyes wandered vacantly about the illimitable ward, with its rows of beds stretching away on either side of him. A woman with a white cap, a white apron, and white wristbands bent over him, and he felt something gratefully warm passing down his throat. For

title: Page:The Yellow Book - 06.djvu/111


text:
Page:United States Statutes at Large Volume 101 Part 1.djvu/757

 PUBLIC LAW 100-107—AUG. 20, 1987

101 STAT. 727

year, along with its recommendations for improvement of the process. "(e) INFORMATION AND TECHNOLOGY TRANSFER PROGRAM.—The

Director of the National Bureau of Standards shall ensure that all program participants receive the complete results of their audits as well as detailed explanations of all suggestions for improvements. The Director shall also provide information about the awards and the successful quality improvement strategies and programs of the award-winning participants to all participants and other appropriate groups. "(f) FUNDING.—The Secretary is authorized to seek and accept Gifts and gifts from public and private sources to carry out the program under property. this section. If additional sums are needed to cover the full cost of the program, the Secretary shall impose fees upon the organizations applying for the award in amounts sufficient to provide such additional sums. ^ "(g) REPORT.—The Secretary shall prepare and submit to the President and the Congress, within 3 years after the date of the enactment of this section, a report on the progress, findings, and conclusions of activities conducted pursuant to this section along with recommendations for possible modifications thereof.". (b) CONFORMING AMENDMENT.—Section 9(d) of such Act (15 U.S.C. 3708(d)) is amended by striking "or 16" and inserting in lieu thereof "16, or 17". Approved August 20, 1987.
 * 1s

LEGISLATIVE HISTORY—H.R. 812: HOUSE REPORTS: No. 100-96 (Comm. on Science, Space, and Technology). SENATE REPORTS: No. 100-143 (Ctomm. on Commerce, Science, and Transportation). CONGRESSIONAL RECORD, Vol. 133 (1987): June 8, considered and peissed House. Aug. 5, considered and passed Senate, amended. Aug. 7, House concurred in Senate amendments. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 23 (1987): Aug. 22, Presidential statement.

�


text:
Page:United States Statutes at Large Volume 101 Part 1.djvu/758

 101 STAT. 728

PUBLIC LAW 100-108—AUG. 20, 1987

Public Law 100-108 100th Congress

'\.:':. ^ An Act

Aug. 20, 1987 [H.R. 2971]

To provide continuing authority to the Secretary of Agriculture for recovering costs associated with cotton classing services, and for other purposes.

Uniform Cotton

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

Classing Fees Act of 1987.

SECTION 1. SHORT TITLE.

ffrSt^urai ^'"^ commodities. 7 USC 471 note.

That this Act may be cited as the "Uniform Cotton Classing Fees Act 01 1987. SEC. 2. COTTON CLASSIFICATION SERVICES AND FEES.

Effective date.

•""

Effective for the period beginning on the date of enactment of this Act and ending September 30, 1992, section 3a of the Cotton Statistics and Estimates Act (7 U.S.C. 473a) is amended— (1) by amending the first sentence to read as follows: „g "Effective for the fiscal years ending September 30, 1987, " September 30, 1988, September 30, 1989, September 30, 1990, September 30, 1991, and September 30, 1992, the Secretary of Agriculture shall make cotton classification services available to producers of cotton and shall provide for the collection of classification fees from participating producers, or agents who voluntarily agree to collect and remit the fees on behalf of producers."; (2) in the second sentence by striking out the proviso and inserting in lieu thereof the following: "Provided, That (1) the uniform per bale classification fee to be collected from producers, or their agents, for such classification service in any year shall be the uniform fee collected in the previous year, exclusive of adjustments to such fee made in the previous year under clauses (2), (3), and (4) of this proviso, and as may be adjusted by the percentage change in the Implicit Price Deflator for Gross National Product as indexed during the most recent twelvemonth period for which statistics are available; (2) the fee calculated in accordance with clause (1) for a crop year may be increased by an amount not to exceed 1 per centum for every 100,000 running bales, or portion thereof, that the Secretary estimates will be produced in such crop year below the level of 12,500,000 running bales, or decreased by an amount not to exceed 1 per centum for every 100,000 running bales, or portion thereof, that the Secretary estimates will be produced in such crop year above the level of 12,500,000 running bales; (3) adjustments made under clause (2) shall not exceed 15 per centum, except when the Secretary estimates that income generated by fees, surcharges, and other sources of income will not provide an ending accumulated operating reserve for a fiscal year of at least 10 per centum of the estimated cost of operating the program; (4) if the Secretary projects an accumulated operating '. reserve at the end of a fiscal year of less than 25 per centum of "' the estimated cost of operating the program, the Secretary may

�


text:
Page:United States Statutes at Large Volume 101 Part 1.djvu/759

 PUBLIC LAW 100-108—AUG. 20, 1987

101 STAT. 729

add a special surcharge, not to exceed 5 cents per bale, applicable to such fiscal year, to ensure sufficient funds are available; (5) notwithstanding the previous clauses, the Secretary, to the extent practicable, shall not establish a fee which, when combined with all other sources of revenue and adjusted for than 25 per centum; (6) the Secretary should continue to recognize that central billing and collection can reduce administrative costs, and offer appropriate discounts where practicable; and (7) the Secretary shall announce the uniform classification fee and any surcharge for the crop not later than June 1 of the year in which the fee applies, except that for fiscal year 1987, such announcement shall be made as soon as practicable following enactment of this proviso."; and > (3) in the third sentence by striking out "clauses (1) and (2)" and inserting in lieu thereof the following: "clauses (1), (2), and (3)". SEC. 3. STUDY ON PROCESSING CERTAIN COTTON GRADES.
 * expenses, would result in a projected operating reserve of more

(a) STUDY.—The Secretary of Agriculture shall conduct a study, and perform such testing as necessary, of the differences between processing efficiency and product quality for Light Spotted and White grade cottons. The Secretary shall also conduct a survey and research to determine why an incresising proportion of the cotton crop is being classified as Light Spotted. (b) REPORT.—Not later than October 1, 1988, the Secretary shall submit an initial report describing the results of the studies required under subsection (a) to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate. A final report shall be submitted to such committees as soon as practicable after submission of the initial report. Approved August 20, 1987.

LEGISLATIVE HISTORY—H.R. 2971: HOUSE REPORTS: No. 100-242 (Comm. on Agriculture). CONGRESSIONAL RECORD, Vol. 133 (1987): July 27, considered and passed House. Aug. 5, considered and passed Senate.

''•'

,

7 USC 473a note.

�


text:
Page:United States Statutes at Large Volume 101 Part 1.djvu/760

 101 STAT. 730

PUBLIC LAW 100-109—AUG. 20, 1987

Public Law 100-109 100th Congress An Act Aug. 20, 1987 [H.R. 3085]

100 Stat. 4111.

iS'

To amend the Water Resources Development Act of 1986 relating to the level of flood protection provided by the flood control project for Lock Haven, Pennsylvania.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the undesignated paragraph under the heading "Lock Haven, Pennsylvania" in section 401(a) of the Water Resources Development Act of 1986 is amended by striking out ". The project shall be constructed to provide protection at least sufficient to prevent any future flood losses to the city of Lock Haven, Pennsylvania, from flooding equivalent to a level of flooding 50 percent greater than the level of flooding which occurred as a result of tropical storm Agnes in 1972." and inserting in lieu thereof the following: "with such modifications as are contained in the report of the District Engineer, Baltimore District, entitled 'General Design Memorandum, Phase II, Lock Haven Local Flood Protection Project, West Branch Susquehanna River and Bald Eagle Creek, Pennsylvania', dated May 1987.". Approved August 20, 1987.

LEGISLATIVE HISTORY—H.R. 3085: HOUSE REPORTS: No. 100-272 (Comm. on Public Works and Transportation). CONGRESSIONAL RECORD, Vol. 133 (1987): Aug. 6, considered and passed House. Aug. 7, considered and passed Senate.

�


text:
Page:United States Statutes at Large Volume 101 Part 1.djvu/761

 PUBLIC LAW 100-110—AUG. 20, 1987 Public Law 100-110 100th Congress

101 STAT. 731 «

i

Joint Resolution Designating the week of September 13 through September 19, 1987, as "National Reye's Syndrome Awareness Week".

Whereas Reye's Syndrome is a disease of unknown cause that swiftly strikes children, adolescents and adults recovering from a viral illness; Whereas because Reye's Syndrome has no cure, over 30 percent of its victims die and another 15-25 percent are left with brain damage; Whereas recent medical research has proven a link between the use of aspirin (salicylate) and the development of Reye's Syndrome; Whereas the Surgeon General, the Center for Disease Control, the American Academy of Pediatrics and the National Reye's Syndrome Foundation have issued warnings against the use of aspirin for children and young adults recovering from influenza-like illnesses and chicken pox; Whereas the symptoms of Reye's Syndrome are unfamiliar to most citizens and health professionals, and this lack of knowledge often leads to misdiagnosis and improper treatment; Whereas the current reporting of cases does not provide a true count of the incidence of the disease since comprehensive records are not maintained throughout the United States and more cases are annually reported to the National Reye's Syndrome Foundation than to the Center for Disease Control; Whereas the National Reye's Syndrome Foundation is a volunteer organization with affiliates established throughout the continental United States and is supported by thousands of volunteers; Whereas the goals of the National Reye's Syndrome Foundation are to assist in the communication of information on Reye's Syndrome to the general public and the medical community, to stimulate the scientific community by sponsoring symposiums, to support research that will identify the cause, develop a cure and lead to the prevention of Reye's Syndrome, to give families experiencing the personal trauma of Reye's Syndrome support and guidance, and to encourage the Federal Government to support and sponsor Reye's Syndrome research; and Whereas there has been a lack of urgency to resolve the mystery of Reye's Syndrome at the Federal level: 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 September 13 through September 19, 1987, is designated as "National

Aug. 20, 1987 [H.J. Res. 335]

�


text:
Page:United States Statutes at Large Volume 101 Part 1.djvu/762

 101 STAT. 732

PUBLIC LAW 100-110—AUG. 20, 1987

Reye's Syndrome Awareness Week", and the President is authorized and requested to issue a proclamation calling upon the people of the United States to observe that week with appropriate ceremonies and activities. '•,

Approved August 20, 1987.

V

J.

 * ' f

^

LEGISLATIVE HISTORY—H.J. Res. 335 (S.J. Res. 155): CONGRESSIONAL RECORD, Vol. 133 (1987): Aug. 6, considered and passed House. Aug. 7, S.J. Res. 155 and H.J. Res. 335 considered and passed Senate.

�


text:
Page:United States Statutes at Large Volume 101 Part 1.djvu/763

 PUBLIC LAW 100-111—AUG. 20, 1987

101 STAT. 733

Public Law 100-111 100th Congress

An Act To temporarily restrict the ability to document foreign-built fish processing vessels under the laws of the United States.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That notwithstanding chapter 121 of title 46 of the United States Code, the Secretary of the department in which the Coast Guard is operating may not document a foreign-built vessel for which an application for documentation was submitted after July 20, 1987, for use as a fish processing vessel as defined in section 2101(1 lb) of title 46, United States Code. This prohibition is effective until October 15, 1987. The Secretary may issue regulations to obtain information about the intended use of a vessel for which an application for documentation has been submitted to prevent the documentation of a foreign-built fish processing vessel. Approved August 20, 1987.

,; | f ^ • •.

LEGISLATIVE HISTORY—S. 1591: CONGRESSIONAL RECORD, Vol. 133 (1987): Aug. 5, considered and passed Senate. Aug. 6, considered and passed House, amended. Senate concurred in House amendment.

Aug. 20, 1987 [S. 1591] 46 USC 12102 note. 46 USC 12101 et seq.

Effective date.

�


text:
Page:United States Statutes at Large Volume 101 Part 1.djvu/764

 101 STAT. 734

PUBLIC LAW 100-112—AUG. 20, 1987

Public Law 100-112 100th Congress Joint Resolution Aug. 20, 1987 [S.J. Res. 175]

To recognize the efforts of the United States Soccer Federation in bringing the World Cup to the United States in 1994.

Whereas soccer is one of the world's most popular sports and the World Cup is the single most important event in that sport; ./ Whereas the 1986 World Cup games had a television audience of 12.8 billion with a live attendance of over 2.4 million; Whereas the United States Soccer Federation is seeking to bring the World Cup games to the United States in 1994; Whereas the United States is capable of meeting all of the require'.' J.i: • ments of a host country including financing, transportation, security, communications, and physical accommodations; and Whereas the World Cup would serve as a tremendous impetus to national and international tourism, because the games would bring people from all nations together in friendly competition and permit these people to experience, first hand, the American way of life: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That Congress recognizes the efforts of the United States Soccer Federation to bring the World Cup to the United States in 1994, and the President of the United States is authorized and requested to designate the Secretary of Commerce as the official representative of the United States Government in any discussions with the Federation Internationale de Football Association. Approved August 20, 1987.

LEGISLATIVE HISTORY—S.J. Res. 175: CONGRESSIONAL RECORD, Vol. 133 (1987): Aug. 5, considered and passed Senate. Aug. 6, considered and passed House.

�


text:
Page:United States Statutes at Large Volume 101 Part 1.djvu/765

 PUBLIC LAW 100-113—AUG. 21, 1987

101 STAT. 735

Public Law 100-113 100th Congress An Act To complete the Federal Triangle in the District of Columbia, to construct a public building to provide Federal office space and space for an international cultural and trade center, and for other purposes.

Aug. 21, 1987 [S. 1550]

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

Federal Triangle

SECTION 1. SHORT TITLE.

This Act may be cited as the "Federal Triangle Development

Development Act.

40 USCTfo/

Act".

note.

SEC. 2. FINDINGS AND PURPOSES.

40 USC 1101.

(a) FINDINGS.—The Congress finds and declares that— (1) it is in the national interest to build a Federal building complex and establish an international cultural and trade center on the Federal Triangle property in the District of Columbia; (2) development of such a Federal building complex will permit consolidation of a number of Federal agencies which are currently housed in numerous, scattered locations and will enable more economical and efficient use of building space and environs; (3) inclusion of an international cultural and trade center • within the Federal building complex will create and enhance ^ opportunities for American trade, commerce, communications, and cultural exchanges with other nations and complement the work of Federal, State, and local agencies in the areas of international trade and cultural exchange; and (4) the appropriate development, maintenance, and use of the Federal Triangle property should be a joint development effort of the General Services Administration, the Pennsylvania Avenue Development Corporation, and the International Cultural and Trade Center Commission. (h) PURPOSES.—The purposes of this Act are as follows: (1) To transfer the Federal Triangle property from the Administrator of General Services to the Pennsylvania Avenue Development Corporation. ' (2) To grant to the Corporation the power of eminent domain to acquire certain properties and rights-of-way adjacent to the Federal Triangle site and to authorize the Corporation to exercise such power as may be necessary to further the public interest. (3) To authorize the Corporation, after consultation with the Secretary of State, the Administrator, and the Commission, to prepare plans for development of such property. (4) To establish a process for review and selection of such plans and, after completion of such review process, to authorize the Corporation to enter into an agreement with a private developer selected for the development of such property.

�


text:
Page:United States Statutes at Large Volume 101 Part 1.djvu/766

 101 STAT. 736

PUBLIC LAW 100-113—AUG. 21, 1987

(5) To ensure that the design and construction of the Federal building complex on such property will insofar as practicable be in accordance with the guiding principles for Federal architecture recommended by the Committee on Federal Office Space in 1962 which require among other things that facilities to be used by Federal agencies be efficient and economical and that public 6-t buildings provide visual testimony to the dignity, enterprise, vigor, and stability of the Federal Government. V|\ (6) To provide for establishment, operation, and maintenance of a self-sustaining international cultural and trade center in such complex. 40 USC 1102.

SEC. 3. FEDERAL TRIANGLE PROPERTY. 1-'

.,., riirBLu

s

-

.

n-ii.

(a) TRANSFER TO PADC.— (1) GENERAL RULE.—Subject to such terms and conditions as the Administrator and the Corporation may establish, the Administrator shall transfer, without compensation, to the Corporation title to the Federal Triangle property for development . under this Act. ifv (2) DURATION OF TRANSFER.—Title to the Federal Triangle property shall revert to the Administrator at such time as the lO Administrator and the Corporation agree but not later than the date on which ownership of the building to be constructed on such property under section 5 vests in the United States. On, and after such date, title to such building shall be in the Administrator. (3) LEGAL DESCRIPTION.—The exact acreage and legal descrip-

tion of the Federal Triangle property shall be based upon surveys which are satisfactory to the Administrator and the Corporation. 0)) ADJOINING PROPERTY AND RIGHTS-OF-WAY.—

tj: 9.

40 USC 1103.

(1) ACQUISITION.—The Corporation may acquire by purchase, exchange, condemnation, or otherwise such additional property or improvements or interest therein (including any portion of any street, roadway, highway, alley, or right-of-way and any easements to and air rights on or above any public lands or rights-of-way) as are necessary for development of the Federal Triangle property. (2) TRANSFER TO GSA.—At the time title to the Federal Triangle property reverts to the Administrator under subsection (a), the Corporation shall transfer to the Administrator, without compensation, title to any property or interest therein acquired under this subsection and improvements thereon. ^

SEC. 4. DEVELOPMENT PROPOSAL.

(a) PREPARATION AND CONTENTS.—The Corporation shall prepare a written proposal for development of the Federal Triangle property which shall include, but not be limited to, the following: (1) A narrative description of the building to be constructed on the Federal Triangle property, including a description of the jij types of uses both public and private to be permitted in the building. (2) A comprehensive plan prepared by the Administrator for providing space for Federal officers and employees in the building. (3) A plan for inclusion of an international cultural and trade center comprising not to exceed 500,000 occupiable square feet.

�


text:
Page:United States Statutes at Large Volume 101 Part 1.djvu/767

 PUBLIC LAW 100-113—AUG. 21, 1987

! ] ' ^ ^ " ^

'i

101 STAT. 737

including a leasing plan prepared by the Commission for occupancy of such center and a plan for permitting conversion of space not used for such center to office space. (4) A comprehensive plan for providing security for the building and its occupants and contents. (5) A comprehensive plan for providing parking for motor vehicles of occupants of and visitors to the building and for providing access to the building by delivery and service vehicles. (6) A statement prepared by the Administrator of rents and other housing costs currently being paid by the United States for Federal agencies to be housed in the building. (7) Design criteria for the building. (8) An estimate of the cost of construction of the building and of the annual cost to the United States of leasing the building under section 6. (9) Environmental impact documentation for development Environmental of the Federal Triangle property under Federal laws and protection. regulations. (10) An analysis of the economic impact in the metropolitan area which includes the District of Columbia of development of the Federal Triangle property. (11) Terms and conditions approved by the Administrator for inclusion in the lease agreement under section 6.

(b) LIMITATIONS.—

(1) SIZE OF BUILDING.—The building (including parking facilities) to be constructed on the Federal Triangle property may not exceed 3,100,000 gross square feet in size. ' (2) HEIGHT OF BUILDING.—The height of the building shall be t compatible with the height of surrounding Government buildings. 5 ^ (3) DESIGN.—The building shall be designed in harmony with r historical and Government buildings in the vicinity, shall reflect the sjmibolic importance and historic character of Pennsylvania Avenue and the Nation's Capital, and shall represent the dignity and stability of the Federal Government. (c) CONSULTATION REQUIREMENT.—In preparing the development proposal under subsection (a), the Corporation shall consult the Secretary of State, the Administrator, and the Commission. (d) DUTIES OF THE ADMINISTRATOR AND COMMISSION.—

(1) ADMINISTRATOR.—The Administrator shall prepare and submit to the Corporation for inclusion in the development proposal under subsection (a)— (A) a comprehensive plan for providing space for Federal officers and employees in the building to be constructed on ' the Federal Triangle property; >.. (B) a statement of rents and other housing costs currently being paid by the United States for Federal agencies to be f, housed in the building; and (C) a list of terms and conditions which the Administrator has approved for inclusion in the lease agreement to be entered into under section 6. (2) COMMISSION.—The Commission shall prepare and submit to the Corporation for inclusion in the development proposal under subsection (a) a leasing plan for occupancy of the international cultural and trade center under section 8. (e) REVIEW AND APPROVAL OF DEVELOPMENT PROPOSAL BY G S A AND OTHERS.—

^ ^

,^ '

�


text:
Page:United States Statutes at Large Volume 101 Part 1.djvu/768

 101 STAT. 738

.,^ p

40 USC 1104.

PUBLIC LAW 100-113—AUG. 21, 1987

(1) SUBMISSION FOR REVIEW.—As soon as practicable but not the Corporation shall submit the development proposal prepared under subsection (a) to the General Services Administration, the Commission, the National Capital Planning Commission, and the Commission of Fine Arts. (2) APPROVAL OR RECOMMENDED MODIFICATIONS.—Not later than 60 days after the date of submission of the development proposal under paragraph (1), each governmental entity re' ferred to in paragraph (1) shall notify the Corporation of approval or recommended modifications of the development ' ^ proposal. If such governmental entity does not notify the Cor..j poration of its approval or recommended modifications of the '^^ proposal within such 60-day period, such governmental entity shall be deemed to have approved the proposal. (3) CONSULTATION.—In the event a governmental entity referred to in paragraph (1) submits recommended modifications J. p of the development proposal within the 60-day period described %.^ in paragraph (2), the Corporation shall consult such entity regarding such modifications and may modify such proposal to, take into account one or more of such recommended modifications. if) SUBMISSION FOR CONGRESSIONAL REVIEW.—Not later than 150 days after the date of submission of the development proposal to governmented entities under subsection (e)(D, the Corporation shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Public Works and Transportation of the House of Representatives for review and approval the development proposal with any modifications made under subsection (e)(3), a statement of the areas of difference between such proposal and the recommended modifications of each such governmental entity, and the views of the Corporation with respect to such differences. (g) FUNDING.—Not later than 60 days after the date of the enactment of this Act, the Administrator shall transfer from amounts appropriated to the Administrator $800,000 to the Corporation for carrying out this section. SEC. 5. CONSTRUCTION OF BUILDING. (a) SELECTION PROCESS.— J (1) GENERAL RULE.—Upon
 * '•' later than 365 days after the date of the enactment of this Act,

approval of the development proposal submitted under section 4(f) by resolutions adopted by the •i- Committee on Environment and Public Works of the Senate j and the Committee on Public Works of the House of Representatives, the Corporation in accordance with its policies and f,I procedures for a development competition, shall select a person to develop the Federal Triangle property. (2) CONSULTATION REQUIREMENT.—In selecting a person to

ir develop the Federal Triangle property, the Corporation shall A consult the Administrator and the Commission. (3) COMPETITION.—The Corporation shall conduct a competition for selection of a person to develop the Federal Triangle property. Such competition shall be conducted in accordance with the existing policies and procedures of the Corporation for ^ a development competition. -

(4) PROHIBITION ON PAYMENTS FOR BIDS AND DESIGNS.—The

Corporation may not make any payment to any person for any

�


text:
Page:United States Statutes at Large Volume 101 Part 1.djvu/769

 PUBLIC LAW 100-113—AUG. 21, 1987

101 STAT. 739

bid or design proposal under the competition conducted under >; - s ^ this subsection. (b) DEVELOPMENT AGREEMENT.— Contracts. (1) AUTHORITY TO ENTER.—The Corporation may enter into an agreement for the development of the Federal Triangle property in accordance with the development proposal approved under subsection (a) with the person selected to develop the Federal Triangle property, (2) CONTENTS.—The development agreement under paragraph (1) shall at a minimum provide for the following: (A) The construction of a building on the Federal Triangle property in accordance with the architectural ...^ plans and specifications selected under the development competition. (B) Ownership of such property and building will be by the United States; except that the person selected under subsection (a) may own such building for a term not to exceed 35 years beginning on the date on which construction of such building commences. (C) The Administrator to lease such building from such person for the term determined under subparagraph (B). (D) Inspection of such building during construction by the y - n Administrator and the Corporation. The ^ r e e m e n t shall include a copy of the lease agreement and technical directives and specifications prepared by the Administrator entered into by the Administrator and such person under section 6. (c) CONNECTION WITH RAIL SYSTEM.—The building to be constructed under this section may be connected with the rapid rail system operated by the Washington Metropolitan Area Transit Authority via a station located on the Federal Triangle property. The construction cost of making such connection shall be the responsibility of the person selected to develop the Federal Triangle property. The Washington Metropolitan Transit Authority may not charge any fee or other amount for the connection of such building to such rail system. (d) CONSTRUCTION STANDARDS AND INSPECTION.—The building constructed under this section shall meet all standards applicable to construction of a Federal building. During construction, the Administrator and the Corporation shall conduct periodic inspections of such building for the purpose of assuring that such standards are being met. (e) TREATMENT OF P A D C. — For purposes of any State or local law (including laws relating to taxation and building permits and inspections), the Corporation with respect to development of the Federal Triangle property shall be treated as the Genersil Services Administration is treated with respect to acquisition and construction of a Federal building. (f) APPLICABILITY OF CERTAIN LAWS.—Any person who enters into Taxes. an agreement with the Corporation under subsection (b) for development of the Federal Triangle property shall not, with respect to such development, be subject to any State or local law relating to building permits and building inspection. Such property and any improvements to such property shall not be subject to real and personal property taxation, or special assessments. (g) TREATMENT OF FEDERAL TRIANGLE DEVELOPMENT AREA.—For

purposes of the Pennsylvania Avenue Development Corporation Act

91-194 O - 90 - 25: QL.3 Part 1

�


text:
Page:United States Statutes at Large Volume 101 Part 1.djvu/770

 101 STAT. 740

PUBLIC LAW 100-113—AUG. 21, 1987

40 USC 871 note, of 1972 (other than section 5), the Federal Triangle development area shall be treated as being a part of the development area c.jru. described in section 2(f) of such Act (40 U.S.C. 871(f)). The Corporation shall have the same authority with respect to the Federal Triangle development area as it has with respect to the development area described in such section 2(f). (h) POWERS OF THE CORPORATION.—The Corporation shall have with respect to its duties under this Act any powers which the Corporation has under section 6 (other than paragraphs (9) and (10)) of the Pennsylvania Avenue Development Corporation Act of 1972 (40 U.S.C. 875) with respect to its duties under such Act. The Corporation may enter into agreements with any Federal agency or the Commission with respect to this Act, or as permitted or authorized by 31 U.S.C. 1535. (i) AUTHORIZATION OF APPROPRIATION.—There is authorized to be appropriated, from the fund established by section 210(f) of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 490(f)), to the Administrator for transfer to the Corporation for carrying out this section and section 4 $3,700,000 for fiscal year 1988. Such sums shall remain available until expended. Contracts.

SEC. 6. LEASE OF BUILDING BY GSA. (a) ENTRY INTO AGREEMENT.—Before the development agreement

^.xt

is entered into under section 5, the Administrator shall enter into with the person selected to construct the building under section 5 an agreement for the lease of such building for Federal office space and the international cultural and trade center space. (b) TERMS OF AGREEMENT.—The agreement entered into under this section shall include at a minimum the following terms: (1) The Administrator will lease the building for the term that the person selected to construct the building owns the building. (2) The rental rate per square foot of occupiable space for all space in the building will be in the best interest of the United , States and carry out the objectives of this Act, but in no case may the aggregate rental rate for all space in the building produce an amount less than the amount necessary to amortize the cost of development of the Federal Triangle property over the term of the lease. (3) Obligations of funds from the Federal Building Fund shall only be made on an annual basis to meet lease pa3mients. (4) The Administrator will be permitted to sublease to the Commission for establishment, operation, and management of the international cultural and trade center under section 8. (c) ACCOUNTING SYSTEM.—The Administrator shall maintain an accounting system for operation and maintenance of the building to be constructed under section 5 which will permit accurate projections of the dates and the costs of major repairs, improvements, reconstructions, and replacements of such building and other capital expenditures on such building. The Administrator shall take such action as may be necessary to assure that funds are available to cover such projected costs and expenditures. (d) OBLIGATION OF FUNDS.—Obligation of funds to make lease pa3mrients under this section may only be made on an annual basis and from amounts in the fund established by section 210(f) of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 490(f)).

�


text:
Page:United States Statutes at Large Volume 101 Part 1.djvu/771

 PUBLIC LAW 100-113—AUG. 21, 1987

101 STAT. 741

SEC. 7. INTERNATIONAL CULTURAL AND TRADE CENTER COMMISSION. (a) ESTABLISHMENT.—There is established a commission to be known as the International Cultural and Trade Center Commission. (b) DUTIES OF COMMISSION.—The duties of the Commission are as follows: (1) To participate in accordance with section 4 in the planning of the building to be constructed under section 5. (2) To enter into an agreement with the Administrator under section 8 for the lease of space in the building constructed under section 5 for establishment, operation, and maintenance of an international cultural and trade center. (3) To operate and manage any space leased under section 8 in accordance with the objectives of this Act. (4) To prepare under section 8 an annual report on the operation and management of such space.

40 USC 1106.

Contracts.

Reports,

(c) MEMBERSHIP.— (1) NUMBER AND APPOINTMENT.—The Commission shall be

composed of 15 members as follows: (A) The Secretary of State or his delegate, ^ (B) The Secretary of Commerce or his delegate. (C) The Secretary of Agriculture or his delegate. (D) The United States Trade Representative or his delegate. (E) The Administrator or his delegate. (F) The Director of the United States Information Agency L^i or his delegate. (G) The Chairman of the Corporation or his delegate. (H) The Mayor of the District of Columbia or his delegate. (I) The Chairman of the National Endowment for the -Mi Arts or his delegate. (J) 6 individuals appointed by the President one of whom shall be a resident and registered voter of the District of Columbia and all of whom shall be specially qualified to serve on the Commission by virtue of their education, training, or experience in international trade, commerce, ^d: cultural exchange, finance, business, or management of facilities similar to the international cultural and trade center described in section 8. A vacancy in the Commission shall be filled in the manner in which the original appointment was made. (2) TERMS.— (A) GENERAL RULE.—Except as provided in subparagraph

(B), the terms of office of the private sector Members first ft taking office shall begin on the date of the enactment of this Act and shall expire as designated at the time of appointment, two at the end of two years, two at the end of four years, and two at the end of six years. (B) FiLUNG A VACANCY.—Any member of the Commission 9ft. appointed to fill a vacancy occurring before the expiration of the term for which his predecessor was appointed shall be appointed only for the remainder of such term. A '^ ' member may serve after the expiration of his term until his successor has taken office. (3) PAY.—Members of the Commission shall serve without ei pay; except that any member of the Commission appointed under paragraph (IXJ) shall while attending meetings of and

'*^^^« ^S^-'

J3

�


text:
Page:United States Statutes at Large Volume 101 Part 1.djvu/772

 101 STAT. 742

PUBLIC LAW 100-113—AUG. 21, 1987

Mrtk }

i

attending hearings held by the Commission be entitled to travel or transportation expenses in accordance with section 5703 of title 5, United States Code. (4) QUORUM.—8 members of the Commission shall constitute a quorum but a lesser number may hold hearings. (5) DESIGNATION OF CHAIRMAN.—The Chairman and Vice Chairman of the Commission shall be designated by the President; except that the Chairman may only be designated from individuals appointed under paragraph (IXJ). (6) MEETINGS.—The Commission shall meet at the call of the Chairman but no less often than every 4 months.

(1) GENERAL RULE.—The
 * (d) STAFF OF COMMISSION.—

Commission shall have a staff, ar>-j h '• including an executive director. Such staff shall be composed of individuals who may either be appointed under paragraph (2) or detailed under paragraph (3); except that the staff of the 5 Commission may not at any time be composed of more than 15 individuals. (2) AUTHORITY TO APPOINT.—The Commission may appoint and fix the pay of not to exceed 10 individuals, including an individual to serve as the executive director of the Commission. I Staff appointed under this paragraph shall be appointed subject to the provisions of title 5, United States Code, governing appointments in the competitive service, and shall be paid in 5 USC 5101 accordance with the provisions of chapter 51 and subchapter III ^^ « ^ of chapter 53 of such title relating to classification and General 5 USC 5332 note Schedule pay rates; except that— (A) the individual appointed to serve as the executive ^1^ 3 director and one other individual appointed to the staff of the Commission may be appointed and compensated witht: out regard to such provisions; and l(B) the pay of any individual (other than the 2 individuals referred to in subparagraph (A)) appointed under this paragraph shall be at a rate not to exceed the maximum rate of ,fe basic pay payable for GS-17 of the General Schedule. '\i (3) DETAIL.—Subject to paragraph (1), upon request of the s Commission, the Secretary of State, the Secretary of Commerce, the Secretary of Agriculture, the Special Trade Representative, n the Administrator, and the Director of the United States Information Agency may detail, on a reimbursable basis, such of the personnel of the department or agency such person heads as may be necessary to assist the Commission in carrying out its duties under this Act. (e) OFFICE SPACE AND SUPPUES.—Upon request of the Commission, the Secretary of State, the Secretary of Commerce, the Secretary of Agriculture, the Special Trade Representative, the Administrator, and the Director of the United States Information Agency may provide, on a reimbursable basis, such office space, supplies, equipment, and other support services as may be necessary for the Commission to carry out its duties under this Act. a; t'h b:

(f) POWERS OF COMMISSION.— (1) HEARINGS AND SESSIONS.—The

Commission may, for the purpose of carrying out its duties under this Act, hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence, as the Commission considers appropriate.

�