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 PUBLIC LAW 100-204—DEC. 22, 1987

101 STAT. 1427

(1) welcomes the democratic trends emerging in Taiwan and commends the progress that has been made recently in advancing democratic institutions and values; (2) welcomes the lifting of martial law and looks forward to the lifting of the ban on new political parties; (3) encourages the leaders and peoples of Taiwan to continue this process with the aim of consolidating fully democratic institutions, in particular by— (A) guaranteeing freedom of speech, expression, and assembly; and (B) gradually moving toward a fully representative government, including the free and fair election of all members of all central representative bodies; and (4) requests the American Institute in Taiwan to convey this Nation's continuing support for a democratic and prosperous Taiwan, as stated in the Taiwan Relations Act, and our encouragement for democracy to the leaders and the people of Taiwan.

PART F—MISCELLANEOUS SEC. 1251. REPORTS ON ILLEGAL TECHNOLOGY TRANSFERS.

(a) REPORT.—Not later than 30 days after the date of the enactment of this Act, the Secretary of State shall submit to the appropriate committees of the Congress a report concerning: (1) The status of the Japanese Government investigation of the transfer of milling machines to the Soviet Union by Toshiba Machine Company, including any prosecution, fine, or other government action. (2) The status of the Norwegian Government investigation of the transfer of numerical controllers by Kongsberg Vappenfabrik (KV) to the Soviet Union, including any prosecution, fine, or other government action. (3) Actions undertaken by the Japanese and Norwegian Governments to ensure that such transfers or other breaches of security related to international espionage do not recur. (4) Actions and plans of the United States Government to respond to such cases of international espionage. (b) DISCUSSIONS.—The Secretary of State shall enter into discussions with Japan and Norway regarding compensation for damage to United States national security resulting from such cases of international espionage. The Secretary shall submit a preliminary report to the appropriate committees of the Congress concerning the status of such discussions 180 days after the date of enactment of this Act and shall submit a final report 360 days after the date of enactment of this Act. The Secretary may submit such other subsequent reports as may be appropriate.

Japan. Union of Soviet Socialist Republics. Norway. Espionage. Defense and national security.

SEC. 1252. REPORT ON PROGRESS TOWARD A WORLD SUMMIT ON TERRORISM.

It is the sense of the Congress that the President should convene a President of U.S. summit meeting of Western world leaders to adopt a unified effective program against international terrorism.

91-194 O - 90 - 5: QL.3 Part 3

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 101 STAT. 1428

PUBLIC LAW 100-204—DEC. 22, 1987

SEC. 1253. PROTECTION OF AMERICANS ENDANGERED BY THE APPEARANCE OF THEIR PLACE OF BIRTH ON THEIR PASSPORTS. Terrorism.

(a) FINDINGS.—The Congress finds that some citizens of the United States may be specially endangered during a hijacking or other terrorist incident by the fact that their place of birth appears on their United States passports. OJ) DISCUSSIONS.—The Congress urges the President to enter into discussions with other countries regarding the feasibility of a general agreement permitting the deletion of the place of birth as a required item of information on passports.

International organizations. Japan. Federal Republic of Germany.

SEC. 1254. SUPPORT OF MUTUAL DEFENSE ALLIANCES.

(a) FINDINGS.—The Congress makes the following findings: (1) Japan, the member nations of the North Atlantic Treaty .^ Organization (NATO), and other countries rely heavily on the ,7, United States to protect their national security under mutueil >^; defense alliances. (2) The United States spends tens of billions of dollars annually to assist in the defense of allies of the United States. (3) The financial burden of mutual defense assumed by many NATO allies and particularly Japan is not commensurate with their economic resources, and, as a result, the United States bears a disproportionately large share of the financial burden of - - supporting such mutual defense. (4) While the United States is currently spending 6.5 percent of its gross national product on defense, our NATO allies spend an average of 3.5 percent of their gross national products on defense and Japan spends only 1.0 percent of its gross national product on defense. (5) United States allies, particularly West Germany and j; Japan, have derived tremendous economic benefit from the free trade system among the Western countries, accumulating in certain cases large payments surpluses, while protected through military alliances to which the United States has made an overwhelming commitment of resources. (6) The greatest weakness in the ability of the United States ,ft; to sustain the mutual defense of the United States and its allies is not the military capability of the United States, but rather the economic vulnerability of the United States. (7) The Federal budget deficit must be reduced in order to revitalize the economy. (8) The continued unwillingness of the allies of the United States to increase their contributions to the common defense to more appropriate levels could weaken the long-term vitality, effectiveness, and cohesion of the alliances between those countries and the United States. (b) PoiJCY.—It is the sense of the Congress that— ! (1) the President should enter into discussions with countries which participate in mutual defense alliances with the United States, especially the member nations of NATO and Japan, for the purpose of reaching an agreement on a more equitable distribution of the burden of financial support for the alliances; (2) the objective of such discussions with the member nations r of NATO and Japan should be to establish a schedule of increases in defense spending by our NATO allies and Japan or a system of offsetting payments that is designed to achieve, to the maximum practicable extent, a division of responsibility for

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


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 PUBLIC LAW 100-204—DEC. 22, 1987 J

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101 STAT. 1429

defense spending between those allies and the United States that is commensurate with their resources; (3) the President should report to the Congress, within one year after the date of the enactment of this Act, on the progress of such discussions; and (4) if, in the judgment of the Congress, the President's report does not reflect substantial progress toward a more equitable distribution of defense expenses among the members of a mutual defense alliance, the Congress should review the extent of the distribution of the mutual defense burden among our allies and consider whether additional legislation is appropriate.

President of U.S. Reports. President of U.S. Reports.

SEC. 1255. ARMS EXPORT CONTROL ENFORCEMENT AND COORDINATION.

(a) EXPORT LICENSES.—Section 38 of the Arms Export Control Act (22 U.S.C. 2778) is amended by adding at the end the following new subsection: "(g)(1) The President shall develop appropriate mechanisms to identify, in connection with the export licensing process under this section— "(A) persons who are the subject of an indictment for, or have been convicted of, a violation under— "(i) this section, "(ii) section 11 of the Export Administration Act of 1979 (50 U.S.C. App. 2410), "(iii) section 793, 794, or 798 of title 18, United States Code (relating to espionage involving defense or classified information), "(iv) section 16 of the Trading with the Enemy Act (50 U.S.C. App. 16), "(v) section 206 of the International Emergency Economic Powers Act (relating to foreign assets controls; 50 U.S.C. App. 1705), "(vi) section 30A of the Securities Exchange Act of 1934 (15 U.S.C. 78dd-l) or section 104 of the Foreign Corrupt Practices Act (15 U.S.C. 78dd-2), "(vii) chapter 105 of title 18, United States Code (relating to sabotage), "(viii) section 4(b) of the Internal Security Act of 1950 (relating to communication of classified information; 50 U.S.C. 783(b)), "(ix) section 57, 92, 101, 104, 222, 224, 225, or 226 of the Atomic Energy Act of 1954 (42 U.S.C. 2077, 2122, 2131, 2134, 2272, 2274, 2275, and 2276), "(x) section 601 of the National Security Act of 1947 (relating to intelligence identities protection; 50 U.S.C. 421), or "(xi) section 603(b) or (c) of the Comprehensive AntiApartheid Act of 1986 (22 U.S.C. 5113 (b) and (c)); "(B) persons who are the subject of an indictment or have been convicted under section 371 of title 18, United States Code, for conspiracy to violate any of the statutes cited in subparagraph (A); and "(C) persons who are ineligible— . (i) to contract with, "(ii) to receive a license or other form of authorization to export from, or

President of U.S.

Espionage. Defense and national security. Classified information.

Sabotage. Classified information.

Classified information.

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Page:United States Statutes at Large Volume 101 Part 3.djvu/132

 101 STAT. 1430 Imports.

President of U.S.

President of U.S.

President of U.S.

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President of U.S. Federal Register, publication. Defense and national security. Law enforcement and

PUBLIC LAW 100-204—DEC. 22, 1987

"(iii) to receive a license or other form of authorization to import defense articles or defense services from,
 * any agency of the United States Government.

"(2) The President shall require that each applicant for a license to export an item on the United States Munitions List identify in the application all consignees and freight forwarders involved in the proposed export. "(3) If the President determines— "(A) that an applicant for a license to export under this ! ?* the statutes cited in paragraph (1), "(B) that there is reasonable cause to believe that an ap,., plicant for a license to export under this section has violated any of the statutes cited in paragraph (1), or "(C) that an applicant for a license to export under this '"'''"•' section is ineligible to contract with, or to receive a license or other form of authorization to import defense articles or defense ^' services from, any agency of the United States Government, the President may disapprove the application. The President shall consider requests by the Secretary of the Treasury to disapprove any export license application based on these criteria. "(4) A license to export an item on the United States Munitions List may not be issued to a person— "(A) if that person, or any party to the export, has been convicted of violating a statute cited in paragraph (1), or "(B) if that person, or any party to the export, is at the time of the license review ineligible to receive export licenses (or other forms of authorization to export) from any agency of the United States Government, except as may be determined on a case-by-Case basis by the President, after consultation with the Secretary of the Treasury, after a thorough review of the circumstances surrounding the conviction or ineligibility to export and a finding by the President that appropriate steps have been taken to mitigate any law enforcement concerns. "(5) A license to export an item on the United States Munitions List may not be issued to a foreign person (other than a foreign government). "(6) The President may require a license (or other form of authorization) before any item on the United States Munitions List is sold or otherwise transferred to the control or possession of a foreign person or a person acting on behalf of a foreign person. "(7) The President shall, in coordination with law enforcement and national security agencies, develop standards for identifying high-risk exports for regular end-use verification. These standards shall be published in the Federal Register and the initial standards shall be published not later than October 1, 1988. "(8) Upon request of the Secretary of State, the Secretary of Defense and the Secretary of the Treasury shall detail to the office primarily responsible for export licensing functions under this section, on a nonreimbursable basis, personnel with appropriate expertise to assist in the initial screening of applications for export licenses under this section in order to determine the need for further review of those applications for foreign policy, national security, and law enforcement concerns. "(9) For purposes of this subsection—
 * section is the subject of an indictment for a violation of any of

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 PUBLIC LAW 100-204—DEC. 22, 1987

101 STAT. 1431

"(A) the term 'foreign corporation' means a corporation that is not incorporated in the United States; "(B) the term 'foreign government' includes any agency or subdivision of a foreign government, including an official mission of a foreign government; "(C) the term 'foreign person' means any person who is not a citizen or national of the United States or lawfully admitted to the United States for permanent residence under the Immigration and Nationality Act, and includes foreign corporations, international organizations, and foreign governments; "(D) the term 'party to the export' means— "(i) the president, the chief executive officer, and other senior officers of the license applicant; "(ii) the freight forwarders or designated exporting agent of the license application; and "(iii) any consignee or end user of any item to be exported; and "(E) the term 'person' means a natural person as well as a corporation, business association, partnership, society, trust, or any other entity, organization, or group, including governmental entities.". (b)

REVIEW

OF MUNITIONS

CONTROL

REGISTRATIONS.—Section

38(b)(1) of that Act is amended— 22 USC 2778. (1) by inserting "(A)" after "(1)"; and (2) by adding at the end the following new paragraph: "(B) A copy of each registration made under this paragraph shall be transmitted to the Secretary of the Treasury for review regarding law enforcement concerns. The Secretary shall report to the Presi- Reports. dent regarding such concerns as necessary.". (c) MUNITIONS CONTROL REGISTRATION FEES.—Section 38(b) of that Act is amended by inserting at the end the following: "(3)(A) For each of the fiscal years 1988 and 1989, $250,000 of registration fees collected pursuant to paragraph (1) shall be credited to a Department of State account, to be available without fiscal year limitation. Fees credited to that account shall be available only for the payment of expenses incurred for— "(i) contract personnel to assist in the evaluation of munitions control license applications, reduce processing time for license applications, and improve monitoring of compliance with the terms of licenses; and "(ii) the automation of munitions control functions and the processing of munitions control license applications, including the development, procurement, and utilization of computer equipment and related software. "(B) The authority of this paragraph may be exercised only to such extent or in such amounts as are provided in advance in appropriation Acts.".

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 101 STAT. 1432

PUBLIC LAW 100-204—DEC. 22, 1987

TITLE XIII—EFFECTIVE DATE i'.a

22 USC 2651

SEC. 1301. EFFECTIVE DATE.

Except as otherwise provided in this Act, this Act shall take effect on the date of its enactment. Approved December 22, 1987.

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LEGISLATIVE HISTORY—H.R. 1777 (S. 1394): HOUSE REPORTS: No. 100-34 (Comm. on Foreign Affairs) and No. 100-475 (Comm. of Conference). SENATE REPORTS: No. 100-75 accompanying S. 1394 (Comm. on Foreign Relations). CONGRESSIONAL RECORD, Vol. 133 (1987): June 11, 16, 18, 23, considered and passed House. Oct. 2, 6, 7, S. 1394 considered in Senate. Oct. 8, H.R. 1777 considered and passed Senate, amended, in lieu of S. 1894. Dec. 15, House agreed to conference report. Dec. 16, Senate agreed to conference report. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 23 (1987): Dec. 22, Presidential statement.

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 PUBLIC LAW 100-205—DEC. 23, 1987

101 STAT. 1433

Public Law 100-205 100th Congress An Act To amend the boundaries of Stones River National Battlefield, Tennessee, and for other purposes.

Dec. 23, 1987 [H.R. 1994]

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

16 USC 426n.

(a) EXPANSION OF STONES RIVER NATIONAL BATTLEFIELD.—In furtherance of the Act of March 3, 1927 (44 Stat. 1399), as amended, the 16 USC 426. boundary of Stones River National Battlefield (hereinafter referred to as "battlefield") is hereby revised to include the lands generally depicted on the map entitled "Boundary Map, Stones River National Battlefield" numbered 327/80,001, and dated March 1987. The map Public shall be on file and available for public inspection in the offices of information, the National Park Service, Department of the Interior and in the office of the Superintendent of the Stones River National Battlefield. (b) ACQUISITION OF LANDS.—The Secretary of the Interior (hereinafter referred to as "Secretary") is hereby authorized to acquire lands or interests therein within the boundary of the battlefield by donation, purchase with donated or appropriated funds, or exchange. Any lands or interests in lands owned by the State of Tennessee or any political subdivision thereof may be acquired only by donation. Lands and interests therein acquired pursuant to this Act shall become part of the battlefield, subject to all the laws and regulations applicable thereto. SEC. 2. AGREEMENT.

16 USC 426o.

The Secretary is authorized to enter into an agreement with the city of Murfreesboro, Tennessee, under which (1) the Secretary shall acquire sufficient interest in land and shall construct thereon a trail linking the battlefield with Fortress Rosecrans, (2) the city shall operate and maintain the trail in accordance with standards approved by the Secretary, and (3) the Secretary shall preserve the existing remnants of Fortress Rosecrans and the city shall operate and maintain the fortress. SEC. 3. AUTHORIZATION OF APPROPRIATIONS.

There is hereby authorized to be appropriated such sums as may be necessary to carry out the purposes of this Act. Approved December 23, 1987.

LEGISLATIVE H I S TO R Y — H. R. 1994 (S. 963):

HOUSE REPORTS: No. 100-187 (Comm. on Interior and Insular Affairs). SENATE REPORTS: No. 100-243 accompanying S. 963 (Comm. on Energy and Natural Resources). CONGRESSIONAL RECORD, Vol. 133 (1987): June 29, considered and passed House. Dec. 11, considered and passed Senate.

16 USC 426p.

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 101 STAT. 1434

PUBLIC LAW 100-206—DEC. 23, 1987

Public Law 100-206 100th Congress

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An Act Dec. 23, 1987 [H.R. 2416]

To establish the Jimmy Carter National Historic Site and Preservation District in the State of Georgia, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, 16 USC 161note.

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SECTION 1. ESTABLISHMENT OF JIMMY CARTER NATIONAL HISTORIC SITE.

(a) ESTABLISHMENT.—In order to provide for the benefit, inspiration, and education of the American people, there is hereby established the Jimmy Carter National Historic Site in the State of Georgia. In administering the historic site, the Secretary shall— (1) preserve the key sites and structures located within the historic site associated with Jimmy Carter during his lifespan; (2) provide for the interpretation of the life and Presidency of Jimmy Carter; and (3) present the history of a small rural southern town. (b) DESCRIPTION OF JIMMY CARTER NATIONAL HISTORIC SITE.—(1)

The historic site shall consist of the lands and interests in lands (including the real property described in paragraph (2)) as generally depicted on the map entitled "Jimmy Carter National Historic Site and Preservation District Boundary Map", numbered NHS-JCPublic 80000, and dated April 1987. The map shall be on file and available information. for public inspection at appropriate offices of the National Park Service. (2) The real property referred to in paragraph (1) is that real property which has significant historical association with the life of uj I vil« James Earl Carter, Jr., 39th President of the United States, located in the town of Plains and the County of Sumter, Georgia, and described more particularly as follows— (A) the home of former President Carter on Woodland Drive in Plains, Georgia, including the residence and approximately 2.9 acres across Woodland Drive; (B) the Plains Railroad Depot, adjacent to the Seaboard Coast Line Railroad, which served as the campaign headquarters of '* former President Carter; (C) the boyhood home of former President Carter, consisting -, ^^.^ of the residence, together with not more than 15 acres, located west of Plains near the community of Archery, Georgia; ii (D) the 100-foot wide scenic easements on either side of Old Plains Highway from the intersection of U.S. Highway 280 to the boyhood home referred to in subparagraph (C); (E) the Plains High School and grounds of approximately 12 acres; and (F) the Gnann House at 1 Woodland Drive, which is adjacent to the residence referred to in subparagraph (A) of former President Carter. (c) ACQUISITION OF REAL AND PERSONAL PROPERTY.—(1) Except as otherwise provided in this subsection and subject to such terms.

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text:
Page talk:Petition of the residents of Auburn, New York (1898).jpg

I am confident in my transcription of main portion. However there was not a large enough sample to be confident in all of the signatures. So I am going to place some supportting evidence here
 * 1 & 2 [http://www.correctionhistory.org/auburn&osborne/html/osborne_ancestry.html Family papers (Mother & son also 1 sister of 3)
 * 3 Wife of William Lloyd Garrison (Sister of 1)
 * 4
 * 5 Has a Wikipedia article
 * 7 Family tree (daughter of 12)
 * 12Family tree (mother of 7)
 * 13 & 14 Obituary begining page 8 through page 9 (Spouses)
 * 15
 * 16 & 17 Family Tree (Spouses)

 * Continuing, 4 and 10 family tree (mother & daughter), 15 genealogy page (cf W in White and middle initial), 9 could be preacher listed here, 18 preacher listed here. That leaves 6, 8, 9. The only one I really don't like is 8, I've marked it with an illegible tag while giving the rest of the page a proofread. Prosody (talk) 22:07, 11 July 2011 (UTC)
 * If you examine the signature under the portrait at the beginning of this book. illegible 8 is surely "F.D." husband of 10 and father of 4.--Birgitte SB  15:14, 12 July 2011 (UTC)


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Page:United States Statutes at Large Volume 101 Part 3.djvu/137

 PUBLIC LAW 100-206—DEC. 23, 1987

101 STAT. 1435

reservations, and conditions as the Secretary determines reasonable or necessary, the Secretary may acquire by donation, purchase with donated or appropriated funds, exchange, or otherwise— (A) lands and interests in lands within the boundaries of the historic site; and (B) personal property and artifacts for purposes of the historic site. (2) The Carter home (described in subsection (b)(2)(A)), the Plains Railroad Depot (described in subsection (b)(2)(B)), and the Plains High School (referred to in subsection (b)(2)(E)) may only be acquired by donation. (3) Former President and Mrs. Carter may, as a condition of the acquisition of the Carter home (described in subsection (b)(2)(A)), reserve for themselves a right of use and occupancy of the home for a term of years or for a term ending at the deaths of President and Mrs. Carter. (4) The Administrator of the General Services Administration shall acquire by purchase the Gnann House (described in subsection (b)(2)(F)) to be used for security purposes during the lives of former President and Mrs. Carter, or for such period as they may be entitled to security pursuant to Federal law, after which time the Gnann House shall be transferred to the Secretary of the Interior for administrative purposes by the National Park Service. SEC. 2. JIMMY CARTER NATIONAL PRESERVATION DISTRICT.

-

-

16 USC 461 note.

(a) JIMMY CARTER NATIONAL PRESERVATION DISTRICT.—In order to preserve and interpret the life of James Earl Carter, Jr. and the rural southern town of Plains, Georgia, including the 20th century south and the roles of agriculture and the agricultural economy there is hereby established the Jimmy Carter National Preservation District, which shall consist of the area identified on the map referred to in section 1(b)(1) as "Preservation District". The preservation district shall include the Plains Historic District as listed in the National Register of Historic Places on June 28, 1984, and those agricultural lands not to exceed 650 acres and that portion of Bond Street as depicted on such map. (b) PRESERVATION EASEMENTS.—(1) The Secretary may obtain by

donation or purchase preservation easements on historically or culturally significant (as determined by the Secretary) buildings and open spaces located within the preservation district. Each preservation easement shall contain (but need not be limited to) provisions that the Secretary shall have the right of access at reasonable times to the portions of the property covered by that easement for interpretive or other purposes, and that no changes or alterations shall be made to such portions of the property except by mutual agreement. (2) The Secretary may mark, interpret, and provide technical assistance to properties within the preservation district in accordance with the Secretary of the Interior's Standards for Historic Preservation Projects. SEC. 3. ADMINISTRATION DISTRICT.

OF HISTORIC

SITE

AND PRESERVATION

(a) IN GENERAL.—The Secretary shall administer the historic site and the preservation district in accordance with the provisions of this Act, and the provisions of law generally applicable to national historic sites, including the Act entitled "An Act to establish a

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 101 STAT. 1436

PUBLIC LAW 100-206—DEC. 23, 1987

National Park Service, and for other purposes", approved August 25, 1916 (16 U.S.C. 1, 2-4), and the Act entitled "An Act to provide for the preservation of historic American sites, buildings, objects and antiquities of national significance, and for other purposes", approved August 21, 1935 (16 U.S.C. 461 et seq.). (b) COOPERATION WiTH STATE OF GEORGIA.—The Secretary may enter into a cooperative agreement with the State of Georgia pursuant to which the Secretary may cooperate in the operation and use of the State of Georgia Visitor Center in Sumter County. (c) HISTORY.—The Secretary shall gather oral history on the historic site, its occupants, and environs. The Secretary may also preserve personal property that has been acquired by the Secretary for purposes of the historic site. (d) REPORT.—25 years after the date of enactment of this Act, the Secretary shall convene a distinguished group of nationally recognized historians, scholar*?^ and other experts to examine the life of President Carter in greater historical perspective. The group shall examine the research then available on President Carter, his life and Presidency, and make recommendations on interpretation, preservation, and other issues (as appropriate) at the Jimmy Carter National Historic Site and the Jimmy Carter National Preservation District. v-

Contracts.

16 USC 461 note.

SEC. 4. ADVISORY COMMISSION.

(a) ESTABLISHMENT.—The Secretary shall establish an advisory commission to provide advice on achieving balanced and accurate interpretation of the historic site. (b) MEMBERSHIP.—(1) The commission shall consist of a group of five nationally recognized scholars with collective expertise on the life and Presidency of Jimmy Carter, the 20th century rural south, historic preservation, and the American Presidency. (2) The commission members shall be appointed by the Secretary for staggered terms of 3 years each. Any vacancy on the commission shall be filled in the same manner in which the original appointment was made. Any member of the Commission appointed for a definite term may serve after the expiration of such term until a successor is appointed. (3) Meetings of the Commission shall be called twice annually by the Secretary. (c) EXPENSES.—The Secretary is authorized to pay, in accordance with section 5703 of title 5, United States Code, the expenses reasonably incurred by the members of the Commission in carrying out their responsibilities under this Act. 16 USC 461 note.

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SEC. 5. MANAGEMENT PLAN.

Not later than 3 years after the date of enactment of this Act, the Secretary shall develop and submit to the Congress a general management plan for the use and development of the historic site and the preservation district. Such plan shall— ,,. (1) be prepared in accordance with section 12(b) of the Act ' ' entitled "An Act to improve the administration of the national park system by the Secretary, and to clarify the authorities August 18, 1970 (16 U.S.C. la-1 et seq.), and shall be consistent with the purposes of this Act;
 * ' applicable to the system, and for other purposes", approved

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 PUBLIC LAW 100-206—DEC. 23, 1987

101 STAT. 1437

(2) include consideration of the economic feasibility and interpretive necessity of providing a transportation system for visitor use; and (3) address the preservation and interpretation of Plains High School (referred to in section 1(b)(2)(E)) including appropriate use by the town of Plains. ) Following a determination of the appropriate uses of the Plains Contracts. High School for the town of Plains, the Secretary may enter into a cooperative agreement with the town concerning its use of the high ir' school. SEC. 6. DEFINITIONS.

16 USC 461 note.

For the purposes of this Act— (1) the term "preservation district" means the Jimmy Carter National Preservation District established under section 2; (2) the term "historic site" means the Jimmy Carter National Historic Site established under section 1; and (3) the term "Secretary" means the Secretary of the Interior. SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

(a) IN GENERAL.—There is authorized to be appropriated such sums as may be necessary to carry out this Act, except that not more than $3,500,000 is authorized to be appropriated for acquisition of real and personal property (including preservation easements) and development of the preservation district and the historic site. Ob) COST SHARING.—Not more than 60 percent of the aggregate cost of restoring the Plains High School (referred to in section 1(b)(2)(E)) may be provided from appropriated Federal funds. The remaining 40 percent, non-Federal share of such cost may be in the form of cash, goods, or services, fairly valued. Approved December 23, 1987.

LEGISLATIVE HISTORY—H.R. 2416: HOUSE REPORTS: No. 100-342 (Comm. on Interior and Insular Affairs). SENATE REPORTS: No. 100-250 (Comm. on Energy and Natural Resources). CONGRESSIONAL RECORD, Vol. 133 (1987): Oct. 5, considered and passed House. Dec. 11, considered and passed Senate.

16 USC 461 note.

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 101 STAT. 1438

PUBLIC LAW 100-207—DEC. 23, 1987

Public Law 100-207 100th Congress An Act Dec. 23, 1987 [H.R. 3700]

To designate the Federal building located at 600 West Madison, Chicago, Illinois, as the "Harold Washington Social Security Center".

Public buildings

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

and grounds.

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The Federal building known as the "Great Lakes Program Service Center" and located at 600 West Madison, Chicago, Illinois, shall be known and designated as the "Harold Washington Social Security Center". .^, - ... ^,,^^,.^;,.^^;^.^:A SEC. 2. LEGAL REFERENCES.

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Any reference in a law, map, regulation, document, record, or other paper of the United States to the Federal building referred to in section 1 shall be deemed to be a reference to the "Harold Washington Social Security Center". Approved December 23, 1987.

LEGISLATIVE HISTORY—H.R. 3700: HOUSE REPORTS: No. 100-471 (Comm. on Public Works and Transportation). CONGRESSIONAL RECORD, Vol. 133 (1987): Dec. 10, considered and passed House. • _; -,;•, ' Dec. 11, considered and passed Senate. >• r • i•

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Page:United States Statutes at Large Volume 101 Part 3.djvu/141

 PUBLIC LAW 100-208—DEC. 23, 1987

101 STAT. 1439

Public Law 100-208 100th Congress An Act To designate the United States Livestock Insects Laboratory in Kerrville, Texas, as the "Knipling-Bushland Research Laboratory".

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the United States Livestock Insects Laboratory of the United States Department of Agriculture's Agricultural Research Service, located in Kerrville, Texas, is hereby designated as the "Knipling-Bushland Research Laboratory". Any reference to the United States Livestock Insects Laboratory in a law, map, regulation, document, record, or other paper of the United States shall be considered to be a reference to the "Knipling-Bushland Research Laboratory". Approved December 23, 1987.

LEGISLATIVE HISTORY—H.R. 3712: HOUSE REPORTS: No. 100-477 (Comm. on Agriculture). CONGRESSIONAL RECORD, Vol. 133 (1987): Dec. 14, considered and passed House. Dec. 19, considered and passed Senate.

Dec. 23, 1987 [H.R. 3712]

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 101 STAT. 1440

PUBLIC LAW 100-209—DEC. 23, 1987

Public Law 100-209 100th Congress

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Joint Resolution Dec 2S 1987 ' [H.J. Res. 376]

'^° designate the Clarks Hill Dam, Reservoir, and Highway trahsversing the Dam on the Savannah River, Georgia and South Carolina, as the J. Strom Thurmond Dam, Reservoir, and Highway.

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled. That in honor of J. Strom Thurmond, and in recognition of his long and outstanding service as a United States Senator, Governor of South Carolina, and South Carolina State Senator, to promote flood control, soil conservation, and rural electrification, the Clarks Hill Dam, Reservoir, and Highway transversing the Dam on the Savannah River, Georgia and South Carolina, shall hereafter be known and designated as the J. Strom Thurmond Dam, Reservoir, and Highway, and shall be dedicated as a monument to his distinguished public service. Any law, regulation, map, document, or record of the United States in which such project is referred to shall be held and considered to refer to such project by the name of the J. Strom Thurmond Dam, Reservoir, and Highway, Approved December 23, 1987.

LEGISLATIVE HISTORY—H.J. Res. 376: CONGRESSIONAL RECORD, Vol. 133 (1987): Nov. 16, 17, considered and passed House. Dec. 4, considered and passed Senate, amended. Dec. 18, House concurred in Senate amendment with amendments. Dec. 19, Senate concurred in House amendments.

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 PUBLIC LAW 100-210—DEC. 24, 1987

101 STAT. 1441

Public Law 100-210 100th Congress An Act To provide that a special gold medal be presented to Mary Lasker for her humanitarian contributions in the areas of medical research and education, urban beautification and the fine arts, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) the President is authorized to present, on behalf of the Congress, to Mary Lasker, a gold medal of appropriate design in recognition of her humanitarian contributions in the areas of medical research and education, urban beautification, and the fine arts. For such purpose, the Secretary of the Treasury is authorized and directed to cause to be struck a gold medal with suitable emblems, devices, and inscriptions to be determined by the Secretary of the Treasury. There are authorized to be appropriated not to exceed $20,000 to carry out the provisions of this subsection. OJ) The Secretary of the Treasury may cause duplicates in bronze of such medal to be coined and sold under such regulations as he may prescribe, at a price sufficient to cover the cost thereof, including labor, materials, dies, use of machinery, overhead expenses, and the gold medal. The appropriation used to carry out the provisions of subsection (a) shall be reimbursed out of the proceeds of such sales. SEC. 2. The medals provided for in this Act are national medals for purposes of chapter 51 of title 31, United States Code. SEC. 3. Section 2(b) of the Young Astronaut Program Medal Act, Public Law 99-295, is amended by striking out "December 31, 1987" and inserting in lieu thereof "December 31, 1988". Approved December 24, 1987.

LEGISLATIVE HISTORY—H.R. 390: CONGRESSIONAL RECORD, Vol. 133 (1987): Sept. 29, considered and passed House. Dec. 17, considered and passed Senate.

Q

94 1987 ' ' [H.K. dyOJ

31 USC 5111 "ote.

Appropriation authorizations.

31 USC 5111 ^°^^31 USC 5111 note.

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 101 STAT. 1442

PUBLIC LAW 100-211—DEC. 24, 1987

Public Law 100-211 100th C o n g r e s s

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A n Act Dec 24 1987 ' [H.R. 2121]

"^^ authorize and direct the National Park Service to assist the State of Georgia in relocating a highway affecting the Chickamauga and Chattanooga National Militaj.y Park in Georgia.

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

Safety.

(a) ASSISTANCE F R O M DEPARTMENT OF THE INTERIOR.—For purpOSeS

Grants.

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Qf reducing damage to natural and historic resources from highway traffic within the Chickamauga and Chattanooga National Mihtary Park and for purposes of improving highway safety within the park, the Secretary of the Interior shall provide a grant to the State of Georgia to assist the State in relocating a 3.7 mile section of Highway 27 which passes through the park. The assistance shall be provided upon application of the State if the Secretary of the Interior, acting through the Director of the National Park Service, approves the design and siting of the highway at a location generally outside the western boundary of the park. G> FEDERAL SHARE.—The assistance provided by the Secretary of t) the Interior under subsection (a) shall not exceed 75 percent of the total costs of relocating the 3.7 mile section of highway referred to in subsection (a). (c) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated not more than $30,000,000 for assistance under subsection (a). Such funds shall remain available until expended. Approved December 24, 1987,

LEGISLATIVE HISTORY—H.R. 2121: HOUSE REPORTS: No. 100-225 (Comm. on Interior and Insular Affairs). S E N A T E REPORTS: No. 100-248 (Comm. on Energy and Natural Resources). CONGRESSIONAL RECORD, Vol. 133 (1987): July 21, considered and passed House. Dec. 11, considered and passed Senate. <, * <

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 PUBLIC LAW 100-212—DEC. 24, 1987

101 STAT. 1443

Public Law 100-212 100th Congress An Act To repeal the Brown-Stevens Act concerning certain Indian tribes in the State of Nebraska.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Act of May 6, 1910 (36 Stat. 348) and the Act of December 30, 1916 (39 Stat. 865) are hereby repealed. SEC. 2. Nothing in this Act shall affect any claim of an Indian tribe or individual arising out of the Acts repealed by the first section of this Act, including but not limited to those claims listed by the Secretary of the Interior pursuant to the Indian Claims Limitation Act of 1982 (Public Law 97-394; 28 U.S.C. 2415 note). SEC. 3. For the purpose of any Federal payments made to the Macy, Walthill, and Winnebago school districts in Thurston County, Nebraska, because of the existence of nontaxable Indian lands located within such school districts, this Act shall be deemed to have been effective on January 1, 1951. SEC. 4. Section 7(c) of the White Earth Reservation Land Settlement Act of 1985 (Public Law 99-264; 100 Stat. 61; 25 U.S.C. 331 note) is amended by (1) deleting "not later than five hundred and forty days of the date of publication of the Secretary's first list in the Federal Register" and inserting in lieu thereof "not later than March 12, 1989", and (2) deleting "should be added to" and inserting in lieu thereof "should be corrected or added to". Approved December 24, 1987.

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LEGISLATIVE HISTORY—H.R. 2639: HOUSE REPORTS: No. 100-401 (Comm. on Interior and Insular Affairs). CONGRESSIONAL RECORD, Vol. 133 (1987): Nov. 16, considered and passed House. Dec. 11, considered and passed Senate, amended. Dec. 18, House concurred in Senate amendment.

Dec. 24, 1987 [H.R. 2639]

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 101 STAT. 1444

PUBLIC LAW 100-213—DEC. 24, 1987

Public Law 100-213 100th Congress An Act Dec. 24, 1987 [H.R. 2689]

Arms Control and Disarmament Amendments Act of 1987. 22 USC 2551 note.

To amend the Arms Control and Disarmament Act to authorize appropriations for the fiscal years 1988 and 1989 for the Arms Control and Disarmament Agency, 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 'Arms Control and Disarmament Amendments Act of 1987". SEC. 2. AUTHORIZATIONS OF APPROPRIATIONS.

Section 49(a) of the Arms Control and Disarmament Act (22 U.S.C. 2589(a)) is amended to read as follows: "(a)(1) To carry out the purposes of this Act, there are authorized to be appropriated— ^'(A) $29,000,000 for the fiscal year 1988 and $29,800,000 for fiscal year 1989; and r "(B) such additional amounts as may be necessary for each such fiscal year for increases in salary, pay, retirement, other employee benefits authorized by law, and other nondiscretion" ary costs, and to offset adverse fluctuations in foreign currency ' exchange rates. "(2) Of the amounts authorized to be appropriated by paragraph (I)(A) for each of the fiscal years 1988 and 1989— "(A) $7,063,000 shall be available only to pay necessary expenses incurred in connection with arms control negotiations conducted with the Government of the Soviet Union on strategic arms reductions, intermediate-range nuclear forces, and space and defensive weapons; "(B) not less than $310,000 shall be available only for the program for visiting scholars in the field of arms control and disarmament established under section 28 of this Act; "(C) $780,000 shall be used for external research to assist the Bureau of Verification and Intelligence in making assessments of possible new systems, devices, and capabilities for verification of arms control; "(D) not more than $1,560,000 may be used for any other external research program; and "(E) a total of not more than $3,000,000 may be used for all external research. "(3) Amounts appropriated under this subsection are authorized to remain available until expended.". International organizations. Union of Soviet Socialist Republics. 22 USC 2578 note.

SEC. 3. STANDING CONSULTATIVE COMMISSION.

(a) FINDINGS.—The Congress finds that— (1) the Standing Consultative Commission was established by the United States and the Soviet Union under Article XIII of the Treaty on the Limitation of Anti-Ballistic Missile Systems

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 PUBLIC LAW 100-213—DEC. 24, 1987

101 STAT. 1445

as a framework for considering and resolving questions concerning compliance with arms control obligations; and (2) the United States should raise and attempt to resolve issues relating to compliance by the United States and the Soviet Union with arms control agreements in the Standing Consultative Commission. (b) ANNUAL REPORTS.—Title III of the Arms Control and Disarmament Act (22 U.S.C. 2571-2577) is amended by adding at the end the following: "SEC. 38. REPORTS ON STANDING CONSULTATIVE COMMISSION ACTIVITIES.

22 USC 2578.

"The President shall submit, not later than January 31 of each year, to the Speaker of the House of Representatives and the chairman of the Committee on Foreign Relations of the Senate a report prepared by the United States Commissioner on the activities of the United States-Union of Soviet Socialist Republics Standing Consultative Commission established under Article XIII of the Treaty on the Limitation of Anti-Ballistic Missile Systems. In preparing this report, the Commissioner should consult with former United States Commissioners and other experts. Such annual report shall include detailed information on all substantive issues raised by either party to the Treaty and the response of the other party with regard to such issues. Such annual report shall be transmitted under an injunction of secrecy, but shall be accompanied by an unclassified addendum containing such information with respect to the activities of the Commission as can be made public consistent with the need for confidentiality of Commission proceedings and the national security of the United States.". (c) STUDY AND REPORT.—The Director of the United States Arms Control and Disarmament Agency shall conduct a study to determine how the Standing Consultative Commission could be used more effectively to resolve arms control compliance issues. The Director shall report the results of this study to the Speaker of the House of Representatives and the chairman of the Committee on Foreign Relations of the Senate within 6 months after the date of enactment of this Act.

President of U.S. International agreements.

Classified information. Public information.

SEC. 4. COMPREHENSIVE COMPILATION OF ARMS CONTROL AND DISARMAMENT STUDIES.

Title III of the Arms Control and Disarmament Act, as amended by section 303) of this Act, is further amended by adding at the end the following: "SEC. 39. COMPREHENSIVE COMPILATION OF ARMS CONTROL AND DISARMAMENT STUDIES.

"Pursuant to his responsibilities under section 31 of this Act, and in order to enhance Congressional and public understanding of arms control and disarmament issues, the Director shall provide to the Congress not later than June 30 of each year a report setting forth— "(1) a comprehensive list of studies relating to arms control and disarmament issues concluded during the previous calendar year by government agencies or for government agencies by private or public institutions or persons; and "(2) a brief description of each such study. This report shall be unclassified, with a classified addendum if necessary.".

Reports. 22 USC 2579.

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 101 STAT. 1446

PUBLIC LAW 100-213—DEC. 24, 1987

SEC. 5. COMPLIANCE REPORTS.

22 USC 2592.

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22 USC 2593.

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Section 52 of the Arms Control and Disarmament Act (22 U.S.C. 2591) is amended— (1) in paragraph (1)— (A) by inserting ", the Soviet Union, and other nations" after "adherence of the United States"; and - i. (B) by inserting "the Soviet Union and" after "compli-ui' anceby";and (2) by striking out "and" at the end of paragraph (2) and by redesignating paragraph (3) as paragraph (5); (3) by inserting the following after paragraph (2): "(3) the section of the report dealing with Soviet adherence shall include information on actions taken by the Soviet Union with regard to the size, structure, and disposition of its military forces in order to comply with arms control agreements; "(4) the section of the report dealing with adherence by other nations shall include information on actions taken by each such nation with regard to the size, structure, and disposition of its military forces in order to comply with arms control agreements; and"; and (4) in paragraph (5), as so redesignated by this section, by inserting "the Soviet Union and" after "problems of compliance by". SEC. 6. ACDA INSPECTOR GENERAL. (a) ESTABLISHMENT.—Title IV of the Arms Control and Disarmament Act (22 U.S.C. 2581-2591) is amended by adding at the end the following: "SEC. 53. ACDA INSPECTOR GENERAL. ^ "(a) ESTABLISHMENT AND DUTIES.—There shall be an Office of the Inspector General at the Agency headed by the Inspector General of the Agency who shall have the duties, responsibilities, and authorities specified in the Inspector General Act of 1978. "(b) DUAUTY OF APPOINTMENT.—An individual appointed to the position of Inspector General of the Department of State shall, by virtue of such appointment, also hold the position of Inspector General of the Agency. "(c) UTILIZATION OF STAFF.—The Inspector General of the Agency shall utilize personnel of the Office of the Inspector General of the Department of State in performing the duties of the Inspector General of the Agency, and shall not appoint any individuals to positions within the Agency. "(d) REFERENCES.—For purposes of this section, references in the Inspector General Act of 1978 to the establishment involved, to the head of the establishment, and to an Inspector General shall be deemed to be references to the Agency, the Director of the Agency, and Inspector General of the Agency, respectively, except to the extent inconsistent with this section.". (b) SURVEY OF ACDA CLASSIFIED INFORMATION SECURITY.—Not later than 90 days after the date of enactment of this Act, the Inspector General of the United States Arms Control and Disarmament Agency— (1) shall conduct a survey of physical, personnel, document, and communications security programs, procedures, and pracj tices at the Agency for the protection of classified information; and

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 PUBLIC LAW 100-213—DEC. 24, 1987

101 STAT. 1447

(2) shall submit a report on the results of that survey, Reports, together with such recommendations for improvement of classified information security at the Agency as the Inspector General considers appropriate, to the Director of the Agency and to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate. Approved December 24, 1987.

LEGISLATIVE HISTORY—H.R. 2689 (S. 1498): HOUSE REPORTS: No. 100-193 (Comm. on Foreign Affairs). SENATE REPORTS: No. 100-112 accompanying S. 1498 (Comm. on Foreign Relations). CONGRESSIONAL RECORD, Vol. 133 (1987): June 29, considered and passed House. July 22, considered and passed Senate, amended, in lieu of S. 1498. Dec. 8, House concurred in Senate amendment with an amendment and disagreed to another. Dec. 11, Senate receded and concurred in House amendment.

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 101 STAT. 1448 ...c.

PUBLIC LAW 100-214—DEC. 24, 1987

Public Law 100-214 100th Congress Joint Resolution

Dec. 24, 1987 [H.J. Res. 255]

Designating the third week in May 1988 as "National Tourism Week".

Whereas tourism is vital to the United States, contributing to overall economic prosperity, employment, and the international balance of payments; Whereas tourism creates employment opportunities which provide wages and salaries for individuals and tax revenues for Federal, State, and local governments; Whereas the travel and tourism sector of the economy constitutes a large industry in the United States; Whereas tourism promotes personal growth and education and the appreciation of intercultural differences among all people; Whereas tourism enhances international understanding and goodwill; and Whereas as people throughout the world become aware of the outstanding cultural and recreational resources available across the United States, travel and tourism will become an increasingly important aspect of the daily lives of the people of the United States: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the week beginning on the third Sunday in May 1988 is designated as "National Tourism Week". The President is requested to issue a proclamation calling on the people of the United States to observe such week with appropriate ceremonies and activities. Approved December 24, 1987.

LEGISLATIVE HISTORY—H.J. Res. 255 (S.J. Res. 134): CONGRESSIONAL RECORD, Vol. 133 (1987): Sept. 15, considered and passed House. Oct. 30, S.J. Res. 134 considered and passed Senate. Dec. 18, H.J. Res. 255 considered and passed Senate.

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 PUBLIC LAW 100-215—DEC. 24, 1987

101 STAT. 1449

Public Law 100-215 100th Congress An Act To designate the United States Post Office at 600 Franklin Avenue in Garden City, New York, as the "John W. Wydler United States Post Office".

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 United States Post Office located at 600 Franklin Avenue in Garden City, New York, shall be known and designated as the "John W. Wydler United States Post Office". SEC. 2. LEGAL REFERENCES.

Any reference to the building referred to in section 1 in any law, map, regulation, document, record, or other paper of the United States shall be deemed to be a reference to the "John W. Wydler United States Post Office". Approved December 24, 1987.

LEGISLATIVE HISTORY—S. 1642: HOUSE REPORTS: No. 100-482 (Comm. on Public Works and Transportation). CONGRESSIONAL RECORD, Vol. 133 (1987): Aug. 7, considered and passed Senate. Dec. 18, considered and passed House, amended. Dec. 19, Senate concurred in House amendments.

Dec. 24, 1987 [S. 1642]

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 101 STAT. 1450

PUBLIC LAW 100-216—DEC. 29, 1987

Public Law 100-216 100th Congress An Act Dec. 29, 1987 [H.R. 519]

To direct the Federal Energy Regulatory Commission to issue an order with respect to Docket No. EL-85-38-000.

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

(a) ISSUANCE OF ORDER.—Notwithstanding the petition filed by the Idaho Power Company on November 26, 1984, with the Federal Energy Regulatory Commission for a declaratory order concerning an Agreement dated October 25, 1984 (Exhibit A, Petition of Idaho Power Company for Declaratory Order, FERC Docket No. EL-8538-000), relative to the projects of such company specifically referenced in the petition, the Federal Energy Regulatory Commission is authorized and directed, in lieu of the petition request, to issue an order under the Federal Power Act providing that such Agreement shall not be considered by the Commission, in any subsequent proceeding before the Commission during the remaining term of the licenses applicable to such projects, to be either— (1) inconsistent with the terms and conditions of such licenses concerning the retention of project property; or (2) imprudent for purposes of section 205 of the Federal Power Act. The order, subject to the requirements of section 3(a)(2), shall be issued within 90 calendar days after enactment of this Act and shall take effect on the date provided in section 3. (b) CONSIDERATION OF OTHER MATTERS.—Notwithstanding the issuance of an order pursuant to this section, except for the specific terms and conditions referred to in subsection (a)(1) and the specific provisions of the Federal Power Act referred to in subsection (a)(2), the Commission may, at any time, consider, in accordance with existing and applicable law, whether the settlement agreement and the licensee are in full compliance with— (1) any terms and conditions of the license (including those Fish and fishing. Wildlife. relating to the protection, mitigation, and enhancement of fish and wildlife), and (2) any other applicable provision of Federal environmental Environment. law (including section 10 of the Federal Power Act). (c) OFFERS OF SETTLEMENT.—In issuing an order pursuant to this section, the Commission shall accept and adopt as part of the order the Offers of Settlement pending before the Commission on enactment of this Act between the licensee, the State of Idaho, the Secretary of the Interior, the National Marine Fisheries Service and others. Idaho. Contracts.

SEC. 2. SAVINGS PROVISION. Idaho.

(a) FISH AND WILDLIFE AGREEMENTS AND STIPULATIONS.—Nothing

in section 1 or in any order issued by the Commission pursuant to section 1 shall be construed as affecting any stipulation or other

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 PUBLIC LAW 100-216—DEC. 29, 1987

101 STAT. 1451

agreement entered into by the State of Idaho or the Idaho Power Company prior to the date of enactment of this Act relating to any fish and wildlife matters affected by any such project. 03) FERC AUTHORITY.—Nothing in section 1 shall be construed to modify, change, expand, or limit the authority of the Federal Energy Regulatory Commission under the Federal Power Act or other applicable law relating to fish and wildlife. (c) WATER.—Nothing in this Act shall be construed as (1) affecting State and local the rights or jurisdiction of the United States, the States, Indian governments. tribes, or other entities over waters of any river or stream or over Indians. any ground water resource; (2) altering or establishing the respective rights of States, the United States, Indian tribes, or any person with respect to any water or water-related right; or (3) altering, amending, repealing, interpreting, modifying, or be in conflict with, the Treaty rights or other rights of any Indian tribe. SEC. 3. STUDY. (a) JOINT AGREEMENT TO CONDUCT STUDY.—

(1) The Federal and licensee parties to the Offers of Settle- Reports. ment and the settlement agreement referred to in section 1 Fish and fishing. shall immediately after enactment of this Act enter into good Wildlife. faith negotiations for a joint agreement to conduct and adequately finance detailed evaluations and studies (and issue a report thereon) concerning the timing, quantity and quality of instream flows and related matters to protect, enhance, and mitigate fish and wildlife resources, including anadromous fish and related habitat of the Snake River and the Deer Flat National Wildlife Refuge. Such agreement shall be filed with the Federal Energy Regulatory Commission and shall be considered thereafter as part of the order issued pursuant to section 1. Such negotiations shall be completed and a joint agreement entered into by all such parties and filed with the Commission not later than 60 calendar days after the order is issued under section 1. (2) If a joint agreement is not entered and filed within the 60day period referred to in paragraph (1), the Commission shall within 60 calendar days after the expiration of such period issue an order under this paragraph requiring that the evaluations and studies referred to in paragraph (1) be undertaken and the duties and responsibilities of such parties to conduct and finance them. The Commission may for good cause extend the time for issuance of the order under this paragraph an additional period of not more than 45 calendar days. The Commission in issuing an order under this subsection, may take into consideration such information as the parties may stipulate and file with the Commission resulting from such negotiations. The Commission is not required, notwithstanding any provision of law, to afford the parties any other opportunity to make oral or written presentations to the Commission regarding such order. In any judicial review of the order issued under section 1, the order (or the adequacy thereof) issued under this paragraph shall not be a basis for that review or for a stay of the effective date of the order issued under section 1. (3) The order referred to in section 1 shall be effective and final when the joint agreement referred to in paragraph (1) is filed by all the parties with the Commission, or not later than 60 calendar days after such order is issued under section 1,

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 101 STAT. 1452

Reports. Public information.

State and local governments. Idaho.

.Appropriation authorization.

Indians.

PUBLIC LAW 100-216—DEC. 29, 1987

whichever comes first. The order referred to in paragraph (2) shall be effective and final when issued. When effective, each order issued and joint agreement adopted shall be enforced by the Commission under the Federal Power Act and the licensee V shall pay its assigned share at the times and in the manner directed by the Commission. (4) The evaluations and studies and the report thereof required by this subsection shall be made available by the Federal parties to the public and the Commission and shall be consid*' ered by the Commission in accordance with existing and applicable law. Nothing contained in this Act requires the ' Commission to take any action pursuant to such consideration, or authorizes or grants the Commission any authority to take any action, based upon the findings, recommendations, results, or conclusions of the study required by this section. (5) Any final order issued pursuant to this Act shall be subject to judicial review in the same manner as final orders under the Federal Power Act are subject to judicial review under that Act. Qa) PARTICIPATION BY GOVERNOR.—At any time prior to the effective date of the order issued under section 1(a) of this Act, the Governor of the State of Idaho shall have the option to participate in good faith in the negotiations required by section 3 of this Act. In exercising such option, the Governor shall agree to carry out the State's responsibilities under the agreement or any order issued by the Commission under subsection (a). (c) FUNDING FOR FEDERAL SHARE OF STUDIES.—The Secretary of

the Interior and the National Oceanic and Atmospheric Administration shall, subject to applicable appropriation Acts, utilize such funds as may be available for carrying out the evaluations and studies required by this Act to be conducted by the parties referred to in subsection (a) and such agencies are authorized and directed to seek further appropriations as may be necessary. All such funds shall be available until expended. The Federal share of the costs of carrying out the evaluations and studies shall be determined pursuant to the joint agreement under subsection (a) (or the Commission order under subsection (a)(2), if applicable). The Federal agencies shall provide for consultation with the affected Indian tribes and other interested public or private persons during the conduct of any study conducted pursuant to this Act. SEC. 4. PROVIDING INFORMATION TO CONGRESS.

The Federal Energy Regulatory Commission, the Secretary of the Interior, and the Administrator of the National Oceanic and Atmospheric Administration shall keep the Committee on Energy and

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 PUBLIC LAW 100-216—DEC. 29, 1987

101 STAT. 1453

Commerce of the House of Representatives and the Committee on Energy and Natural Resources of the Senate fully and currently informed of the status of all actions taken or required by this Act and of any delays (and the reasons therefor) in implementing all such actions. Approved December 29, 1987.

LEGISLATIVE HISTORY—H.R. 519 (S. 214): HOUSE REPORTS: No. 100-418 (Comm. on Energy and Commerce). SENATE REPORTS: No. 100-8 accompanying S. 214 (Comm. on Energy and Natural Resources). CONGRESSIONAL RECORD, Vol. 133 (1987): Feb. 19, S. 214 considered and passed Senate. Nov. 9, H.R. 519 considered and passed House. Dec. 18, considered and passed Senate, amended. House concurred in Senate amendment.

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 101 STAT. 1454

PUBLIC LAW 100-217—DEC. 29, 1987

Public Law 100-217..- 100th Congress An Act Dec. 29, 1987 [H.R. 3289]

12 USC 635i-3.

To amend the Export-Import Bank Act of 1945.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 15(c)(2) of the Export-Import Bank Act of 1945 (22 U.S.C. 635i-3(c)(2)) is amended by striking out "during fiscal year 1986" and inserting in lieu thereof "during fiscal years 1986, 1987, and 1988". Approved December 29, 1987.

LEGISLATIVE HISTORY—H.R. 3289: CONGRESSIONAL RECORD, Vol. 133 (1987): Sept. 17, considered and passed House. Dec. 18, considered and passed Senate.

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 PUBLIC LAW 100-218—DEC. 29, 1987

101 STAT. 1455

Public Law 100-218 100th Congress An Act To allow the obsolete submarine United States ship Blenny to be transferred to the State of Maryland before the expiration of the otherwise applicable 60-day congressional review period.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That clauses (2) and (3) of section 7308(c) of title 10, United States Code, shall not apply with respect to the transfer, under section 7308(a) of such title, by the Secretary of the Navy of the obsolete submarine United States ship Blenny to the State of Maryland. Approved December 29, 1987.

LEGISLATIVE HISTORY—H.R. 3427: CONGRESSIONAL RECORD, Vol. 133 (1987): Dec. 16, considered and passed House. Dec. 17, considered and passed Senate.

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 101 STAT. 1456

PUBLIC LAW 100-219—DEC. 29, 1987

Public Law 100-219 100th Congress

-»-»;

An Act Dec. 29, 1987 [H.R. 3492] Rural Crisis Recovery Program Act of 1987. 7 USC 2661 note.

Entitled the "Rural Crisis Recovery Program Act of 1987".

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 "Rural Crisis Recovery Program Act of 1987". SEC. 2. COUNSELING AND OUTREACH PROGRAMS TO AID FARMERS AND RURAL FAMILIES.

Subsection (f) of section 502 of the Rural Development Act of 1972 (7 U.S.C. 2662(f)) is amended to read as follows:

Education.

"(f) SPECIAL GRANTS FOR FINANCIALLY STRESSED FARMERS, DISLOCATED FARMERS, AND RURAL FAMILIES.— "(1) GRANT PROGRAM.— "(A) PROGRAM BENEFICIARIES.—The Secretary shall pro-

vide special grants for programs to develop educational, retraining, and counseling assistance for farmers, dislocated farmers, and rural families, who have been adversely affected by the current farm and rural economic crisis. "(B) SERVICES TO BE PROVIDED.—Such programs shall provide the following services: "(i) Clinical outreach counseling and crisis management assistance through appropriate State officials, "(ii) Assistance in evaluating individual or family finances, preparing financial plans, and implementing financial plans and management strategies. "(iii) Evaluation of vocational skills and counseling in enhancing such skills. "(iv) Assistance in obtaining training in basic, remedial, and literacy skills. "(v) Assistance in job search and training in jobseeking skills. "(vi) Assistance in obtaining training for operating a business or enterprise. "(vii) Formal on-the-job training to the extent practicable. "(viii) Tuition assistance (including fees, books, and other educational expenses) to the extent practicable. "(C) AUTHORITY OF GRANT RECIPIENTS TO CONTRACT FOR DELIVERY OF SERVICES.—The recipients of a grant under this

State and local governments.

subsection may contract for the delivery of such services with units of local government, State agencies, accredited educational institutions, and other appropriate public and private nonprofit agencies and organizations. "(D) DEVELOPMENT OF COMPREHENSIVE PLAN.—The Agricultural Extension Service of the Department of Agri-

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 PUBLIC LAW 100-219—DEC. 29, 1987 culture is encouraged to work with State agencies, units of local government, and other public and private nonprofit agencies and organizations in developing a comprehensive plan for the use of the special grant funds and the delivery of services provided for in this subsection. "(2) GRANT PERIOD.—Grants may be made under paragraph (1) during the period beginning on the date of the enactment of this Act and ending on December 23, 1990.". Approved December 29, 1987.

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LEGISLATIVE HISTORY—H.R. 3492: HOUSE REPORTS: No. 100-379 (Comm. on Agriculture). CONGRESSIONAL RECORD, Vol. 133 (1987): Oct. 19, considered and passed House. Dec. 19, considered and passed Senate.

101 STAT. 1457

, v.

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 PUBLIC LAW 100-220—DEC. 29, 1987

101 STAT. 1458

Public Law 100- 220 100th Congress An Act Dec. 29, 1987 [H.R. 3674]

United StatesJapan Fishery Agreement Approval Act of 1987. Environmental protection. 16 USC 1801 note.

To provide congressional approval of the Governing International Fishery Agreement between the United States and Japan; to implement the provisions of Annex V to the International Convention for the Prevention of Pollution from Ships, 1973; to reauthorize the National Sea Grant College Program Act; to improve efforts to monitor, assess, and reduce the adverse impacts of driftnets; 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 "United States-Japan Fishery Agreement Approval Act of 1987". SEC. 2. TABLE OF CONTENTS.

The contents of this Act are as follows: Sec. 1. Short title. Sec. 2. Table of contents. TITLE I—APPROVAL OF GOVERNING INTERNATIONAL FISHERY AGREEMENT WITH JAPAN Sec. 1001. Approval of agreement. TITLE II—PLASTIC POLLUTION RESEARCH AND CONTROL Sec. 2001. Short title. Sec. 2002. Effective date. Sec. 2003. Preemption; additional State requirements.

Sec.

Subtitle A—Amendments to Act to Prevent Pollution From Ships 2101. Definitions. 2102. Application of Act. 2103. Pollution reception facilities. 2104. Violations. 2105. Civil penalties. 2106. Proposed amendments to protocol. 2107. Administration and enforcement; refuse record books; waste management plans; notification of crew and passengers. 2108. Compliance with international law.

Sec. Sec. Sec. Sec.

Subtitle B—Studies and Report 2201. Compliance reports. 2202. EPA study of methods to reduce plastic pollution. 2203. Effects of plastic materials on the marine environment. 2204. Plastic pollution public education program.

Sec. Sec, Sec. Sec. Sec.

Subtitle C—New York Bight 2301. New York Bight restoration plan. 2302. New York Bight plastic study. 2303. Reports. 2304. Definitions. 2305. Authorization of appropriations.

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

TITLE III—MARINE SCIENCE, TECHNOLOGY. AND POLICY DEVELOPMENT Sec. 3001. Short title.

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101 STAT. 1459

Subtitle A—National Sea Grant College Program Authorization Sec. 3101. Short title. Sec. 3102. Reference to the National Sea Grant College Program Act. Sec. 3103. Declaration of policy. Sec. 3104. Definitions. Sec. 3105. Contracts and grants. Sec. 3106. Sea grant strategic research program. Sec. 3107. Fellowships. Sec. 3108. Sea grant review panel. Sec. 3109. Marine affairs and resource management improvement grants. Sec. 3110. Authorization of appropriations. Sec. 3111. Sea grant international program. Subtitle B—Great Lakes Mapping Sec. Sec. Sec. Sec. Sec. Sec.

3201. Short title. 3202. Great Lakes shoreline mapping plan. 3203. Preparation of Great Lakes shoreline maps. 3204. Contract authority. 3205. Definitions. 3206. Authorization of appropriations.

TITLE IV—DRIFTNET IMPACT MONITORING, ASSESSMENT, AND CONTROL Sec. 4001. Short title. Sec. 4002. Findings. Sec. 4003. Definitions. Sec. 4004. Monitoring agreements. Sec. 4005. Impact report. Sec. 4006. Enforcement agreements. Sec. 4007. Evaluations and recommendations. Sec. 4008. Construction with other laws. Sec. 4009. Authorization of appropriations. TITLE V—RED TIDE CONTAMINATION Sec. 5001. Declaration of disaster. Sec. 5002. Provision of assistance. Sec. 5003. Recent North Carolina Coast red tide contamination, defined.

TITLE I—APPROVAL OF GOVERNING INTERNATIONAL FISHERY AGREEMENT WITH JAPAN SEC. 1001. APPROVAL OF AGREEMENT.

Notwithstanding section 203 of the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1823), the governing international fishery agreement between the Government of the United States of America and the Government of Japan Concerning Fisheries Off the Coasts of the United States, as contained in the message to Congress from the President of the United States, dated November 17, 1987— (1) is approved by Congress as a governing international fishery agreement for the purposes of such Act; and (2) shall enter into force and effect with respect to the United States on the date of the enactment of this Act.

91-194 O - 90 - 6: QL.3 Part 3

16 USC 1823

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 101 STAT. 1460 Marine Plastic Pollution Research and Control Act of 1987. 33 USC 1901 note.

PUBLIC LAW 100-220—DEC. 29, 1987

TITLE II—PLASTIC POLLUTION RESEARCH AND CONTROL SEC. 2001. SHORT TITLE.

This title may be cited as the "Marine Plastic Pollution Research and Control Act of 1987". SEC. 2002. EFFECTIVE DATE.

(a) IN GENERAL.—Except as provided in subsections (b) and (c), this title shall be effective on the date on which Annex V to the International Convention for the Prevention of Pollution from Ships, 1973, enters into force for the United States. (b) EXCEPTIONS.—Sections 2001, 2002, 2003, 2108, 2202, 2203, 2204, and subtitle C of this title shall be effective on the date of the enactment of this title. (c) ISSUANCE OF REGULATIONS.—

(1) IN GENERAL.—The authority to prescribe regulations pursuant to this title shall be effective on the date of enactment of this title. " (2) EFFECTIVE DATE OF REGULATIONS.—Any regulation prescribed pursuant to this title shall not be effective before the effective date of the provision of this title under which the regulation is prescribed. SEC. 2003. PREEMPTION; ADDITIONAL STATE REQUIREMENTS.

(a) PREEMPTION.—Except as specifically provided in this title, nothing in this title shall be interpreted or construed to supersede or preempt any other provision of Federal or State law, either statutory or common. (b) ADDITIONAL STATE REQUIREMENTS.—Nothing in this title shall be construed or interpreted as preempting any State from imposing any additional requirements.

Subtitle A—Amendments to Act to Prevent Pollution From Ships SEC. 2101. DEFINITIONS. 33 USC 1901.

Section 2 of the Act to Prevent Pollution from Ships (33 U.S.C. 1901 et seq.) is amended as follows: (1) "(a)" is inserted after "SEC. 2.". (2) Subsection (a)(1) (as redesignated) is amended to read as follows: "(1) 'MARPOL Protocol' means the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships, 1973, and includes the C!k)nvention;". (3) Subsection (a)(2) (as redesignated) is amended by striking all after "and" the second time it appears and inserting in lieu thereof the following: "Annexes I, II, and V thereto, including any modification or amendments to the Convention, Protocols, or Annexes which have entered into force for the United States;". (4) Subsection (a)(3) (as redesignated) is amended by inserting "and 'garbage' " after "discharge". (5) The following is added at the end of section 2:

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101 STAT. 1461

"(b) For purposes of this Act, the requirements of Annex V shall apply to the navigable waters of the United States, as well as to all other waters and vessels over which the United States has jurisdiction.". SEC. 2102. APPLICATION OF ACT.

(a) IN GENERAL.—Section 3(a) of the Act to Prevent Pollution from Ships is amended to read as follows: 33 USC 1902. "(a) This Act shall apply— "(1) to a ship of United States registry or nationality, or one operated under the authority of the United States, wherever located; "(2) with respect to Annexes I and II to the Convention, to a ship, other than a ship referred to in paragraph (1), while in the navigable waters of the United States; "(3) with respect to the requirements of Annex V to the Convention, to a ship, other than a ship referred to in paragraph (1), while in the navigable waters or the exclusive economic zone of the United States; and "(4) with respect to regulations prescribed under section 6 of this Act, any port or terminal in the United States.". (b) EXCLUSIONS.—Section 3(b) of the Act to Prevent Pollution from Ships is amended to read as follows: "(b)(1) Except as provided in paragraph (2), this Act shall not apply to— "(A) a warship, naval auxiliary, or other ship owned or operated by the United States when engaged in noncommercial service; or "(B) any other ship specifically excluded by the MARPOL Protocol. "(2)(A) Notwithstanding any provision of the MARPOL Protocol, and subject to subparagraph (B) of this paragraph, the requirements of Annex V to the (Convention shall apply after 5 years after the effective date of this paragraph to a ship referred to in paragraph (I)(A). "(B) This paragraph shall not apply during time of war or a declared national emergency.". (c) REGULATIONS.—Section 3(c) of the Act to Prevent Pollution from Ships is amended to read as follows: "(c) The Secretary shall prescribe regulations applicable to the ships of a country not a party to the MARPOL Protocol, including regulations conforming to and giving effect to the requirements of Annex V as they apply under subsection (a) of section 3, to ensure that their treatment is not more favorable than that accorded ships to parties to the MARPOL Protocol.". SEC. 2103. POLLUTION RECEPTION FACILITIES. (a) DETERMINATION OF ADEQUACY OF FACILITIES.—Section 6(a) of

the Act to Prevent Pollution from Ships is amended— 33 USC 1905. (1) by inserting "(1)" immediately after "(a)"; (2) in subsection (a)(D, as so redesignated, by striking "reception facilities of a port or terminal" and inserting in lieu thereof the following: "a port's or terminal's reception facilities for mixtures containing oil or noxious liquid substances"; and (3) by adding at the end the following: "(2) The Secretary, after consulting with appropriate Federal Regulations. agencies, shall establish regulations setting criteria for deter-

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 101 STAT. 1462

PUBLIC LAW 100-220—DEC. 29, 1987 mining the adequacy of reception facilities for garbage at a port or terminal, and stating such additional measures and requirements as are appropriate to ensure such adequacy. Persons in charge of ports and terminals shall provide reception facilities, or ensure that such facilities are available, for receiving garbage in accordance with those regulations.". 0>) CONSIDERATION OF NUMBER AND TYPES OF SHIPS.—Section 6(b)

33 USC 1905.

of the Act to Prevent Pollution from Ships is amended by striking "terminal," the first time it appears and inserting in lieu thereof the following: "terminal, and in establishing regulations under subsection (a) of this section," and by striking "seagoing ships" and inserting in lieu thereof the following: "ships or seagoing ships". (c) CERTIFICATE ISSUANCE.—Section 6(c) of the Act to Prevent

Pollution from Ships is amended to read as follows: "(c)(1) If reception facilities of a port or terminal meet the requirements of Annex V to the Convention and the regulations prescribed under subsection (a)(D, the Secretary shall, after consultation with the Administrator of the Environmental Protection Agency, issue a certificate to that effect to the applicant. "(2) If reception facilities of a port or terminal meet the requirements of Annex V to the Convention and the regulations prescribed under subsection (a)(2), the Secretary may, after consultation with appropriate Federal agencies, issue a certificate to that effect to the person in charge of the port or terminal. "(3) A certificate issued under this subsection— "(A) is valid until suspended or revoked by the Secretary for cause or because of changed conditions; and "(B) shall be available for inspection upon the request of the master, other person in charge, or agent of a ship using or intending to use the port or terminal. "(4) The suspension or revocation of a certificate issued under this subsection may be appealed to the Secretary and acted on by the Secretary in the manner prescribed by regulation.". (d) ENTRY DENIAL.—Section 6(e) of the Act to Prevent Pollution from Ships is amended— (1) by inserting "(1)" immediately after "(e)"; (2) by striking "(1)" and inserting in lieu thereof "(A)"; (3) by striking "(2)" and inserting in lieu thereof "(B)"; (4) in subparagraph (A), as so redesignated, by striking "the MARPOL Protocol" and inserting in lieu thereof the following: "Annexes I and II of the Convention"; and (5) by adding at the end the following: "(2) The Secretary may deny the entry of a ship to a port or terminal required by regulations issued under this section to provide adequate reception facilities for garbage if the port or terminal is not in compliance with those regulations.". SEC. 2104. VIOLATIONS.

(a) SHIP INSPECTIONS.—Section 8(c) of the Act to Prevent Pollution

33 USC 1907.

from Ships is amended by— (1) striking "(1)" and inserting "(A)"; (2) striking "(2)" and inserting "(B)"; (3) inserting "(2)" immediately after "(c)"; (4) in the last sentence of paragraph (2) (as redesignated), striking "If a report made under this subsection involves a ship, other than one of United States registry or nationality or one

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 PUBLIC LAW 100-220—DEC. 29, 1987

101 STAT. 1463

operated under the authority of the United States, the" and inserting "The"; and (5) inserting before paragraph (2) (as redesignated) the following: "(1) This subsection applies to inspections relating to possible violations of Annex I or Annex II to the Convention by any seagoing ship referred to in section 3(a)(2) of this Act.". AD) SHIP INSPECTIONS OTHER THAN AT PORT OR TERMINAL.—Section

8 of the Act to Prevent Pollution from Ships is amended by redesignating subsection (d) as subsection (f) and inserting after subsection (c) the following: "(d)(1) The Secretary may inspect a ship referred to in section 3(a)(3) of this Act to verify whether the ship has disposed of garbage in violation of Annex V to the Convention or this Act. "(2) If an inspection under this subsection indicates that a violation has occurred, the Secretary may undertake enforcement action under section 9 of this Act. "(e)(1) The Secretary may inspect at any time a ship of United States registry or nationality or operating under the authority of the United States to which the MARPOL Protocol applies to verify whether the ship has discharged a harmful substance or disposed of garbage in violation of that Protocol or this Act. "(2) If an inspection under this subsection indicates that a violation of the MARPOL Protocol has occurred the Secretary may undertake enforcement action under section 9 of this Act.".

33 USC 1907.

SEC. 2105. CIVIL PENALTIES.

33 USC 1908.

(a) PAYMENT FOR INFORMATION.— (1) INFORMATION LEADING TO CONVICTION.—Section 9(a) of the

Act to Prevent Pollution From Ships is amended by inserting after the first sentence the following: "In the discretion of the Court, an amount equal to not more than Vi of such fine may be paid to the person giving information leading to conviction.". (2) INFORMATION LEADING TO ASSESSMENT OF PENALTY.—Sec-

tion 9(b) of the Act to Prevent Pollution From Ships is amended by adding at the end the following: "An amount equal to not more than V of such penalties may be paid by the Secretary to 2 the person giving information leading to the assessment of such penalties.". (b)

REFERENCE OF VIOLATION TO COUNTRY OF REGISTRY OR

NATIONALITY.—Section 9(0 of the Act to Prevent Pollution from Ships is amended by striking "to that country" and inserting "to the government of the country of the ship's registry or nationality, or under whose authority the ship is operating". SEC. 2106. PROPOSED AMENDMENTS TO PROTOCOL.

International

Section 10 of the Act to Prevent Pollution from Ships is 33 USC^i9oT amended— (1) in subsection (a), by striking "Inter-Governmental Maritime Consultative Organization" and inserting "International Maritime Organization"; and (2) in subsection (b), by striking "Annex I or II, appendices to the Annexes, or Protocol I of the MARPOL Protocol," and inserting "Annex I, II, or V to the Convention, appendices to those Annexes, or Protocol I of the Convention", and by striking "Inter-Governmental Maritime Consultative Organization" and inserting "International Maritime Organization".

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 101 STAT. 1464

PUBLIC LAW 100-220—DEC. 29, 1987

SEC. 2107. ADMINISTRATION AND ENFORCEMENT; REFUSE RECORD BOOKS; WASTE MANAGEMENT PLANS; NOTIFICATION OF CREW AND PASSENGERS. (a) ADMINISTRATION AND ENFORCEMENT, GENERALLY.—Section 4(a)

33 USC 1903.

of the Act to prevent pollution from ships is amended to read as follows: "(a) Unless otherwise specified in this Act, the Secretary shall administer and enforce the MARPOL Protocol and this Act. In the administration and enforcement of the MARPOL Protocol and this Act, Annexes I and II of the Convention apply only to seagoing ships.". (b) REFUSE RECORD BOOKS; WASTE MANAGEMENT PLANS; NOTIFICATION OF CREW AND PASSENGERS.—Section 4(b) of the Act to Prevent

Regulations.

or International agreements.

Reports.

Pollution from Ships is amended by— (1) inserting "(1)" after "(b)"; and (2) adding at the end the following: "(2) The Secretary of the department in which the Coast Guard is operating shall— "(A) within 1 year after the effective date of this paragraph, prescribe regulations which— "(i) require certain ships described in section 3(a)(l) to maintain refuse record books and shipboard management plans, and to display placards which notify the crew and passengers of the requirements of Annex V to the Convention; and "(ii) specify the ships described in section 3(a)(l) to which the regulations apply; "(B) seek an international agreement or international gigreements which apply requirements equivalent to those described in subparagraph (A)(i) to all vessels subject to Annex V to the Convention; and "(C) within 2 years after the effective date of this paragraph, report to the Congress— "(i) regarding activities of the Secretary under subparagraph (B); and "(ii) if the Secretary has not obtained agreements pursuant to subparagraph (B) regarding the desirability of applying the requirements described in subparagraph (A)(i) to £dl vessels described in section 3(a) which call at United States ports.". SEC. 2108. COMPLIANCE WITH INTERNATIONAL LAW.

33 USC 1912.

The Act to Prevent Pollution from Ships is amended by adding at the end the following: "SEC. 17. Any action taken under this Act shall be taken in accordance with international law.".

Subtitle B—Studies and Report 33 USC 1902 note.

SEC. 2201. COMPLIANCE REPORTS.

(a) IN GENERAL.—Within 1 year after the effective date of this section, and biennially thereafter for a period of 6 years, the Secretary of the department in which the Coast Guard is operating, in consultation with the Secretary of Agriculture and the Secretary of Commerce, shall report to the Congress regarding compliance with

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101 STAT. 1465

Annex V to the International Convention for the Prevention of Pollution from Ships, 1973, in United States waters. (b) REPORT ON INABILITY TO COMPLY.—Within 3 years after the Contracts. effective date of this section, the head of each Federal agency that operates or contracts for the operation of any ship referred to in section 3(b)(l)(A) of the Act to Prevent Pollution from Ships that may not be able to comply with the requirements of that section shall report to the Congress describing— (1) the technical and operational impediments to achieving that compliance; (2) an alternative schedule for achieving that compliance as rapidly as is technologically feasible; (3) the ships operated or contracted for operation by the agency for which full compliance with section 3(b)(2)(A) is not technologically feasible; and (4) any other information which the agency head considers relevant and appropriate. (c) CONGRESSIONAL ACTION.—Upon receipt of the compliance report under subsection (b), the Congress shall modify the applicability of Annex V to ships referred to in section 3(b)(l)(A) of the Act to Prevent Pollution from Ships, as may be appropriate with respect to the requirements of Annex V to the Convention. SEC. 2202. EPA STUDY OF METHODS TO REDUCE PLASTIC POLLUTION.

42 USC 6981 note.

(a) IN GENERAL.—The Administrator of the Environmental Protection Agency, in consultation with the Secretary of Commerce, shall commence a study of the adverse effects of the improper disposal of plastic articles on the environment and on waste disposal, and the various methods to reduce or eliminate such adverse effects. (b) SCOPE OF STUDY.—A study under this section shall include the Wildlife. following: (1) A list of improper disposal practices and associated specific plsistic articles that occur in the environment with sufficient frequency to cause death or injury to fish or wildlife, affect adversely the habitat of fish or wildlife, contribute significantly to aesthetic degradation or economic losses in coastal EUid waterfront areas, endanger human health or safety, or cause other significant adverse impacts. gtixiaii (2) A description of specific statutory and regulatory authority available to the Administrator of the Environmental Protection Agency, and the steps being taken by the Administrator, to reduce the amount of plastic materials that enter the marine and aquatic environment. (3) An evaluation of the feasibility and desirability of substitutes for those articles identified under paragraph (1), comparing the environmental and health risks, costs, disposability, durability, and availability of such substitutes. (4) An evaluation of the impacts of plastics on the solid waste stream relative to other solid wastes, and methods to reduce those impacts, including recycling. (5) An evaluation of the impact of plastics on the solid waste stream relative to other solid wastes, and methods to reduce those impacts, including— (A) the status of a need for public and private research to develop and market recycled plastic articles; (B) methods to facilitate the recycling of plastic materials by identifying types of plastic articles to aid in their sorting.

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 101 STAT. 1466

-: r

PUBLIC LAW 100-220—DEC. 29, 1987

and by standardizing types of plastic materials, taking into account trade secrets and protection of public health; (C) incentives, including deposits on plastic containers, to increase the supply of plastic material for recycling and to decrease the amount of plastic debris, especially in the marine environment; (D) the effect of existing tax laws on the manufacture and distribution of virgin plastic materials as compared with recycled plastic materials; and (E) recommendations on incentives and other measures to promote new uses for recycled plastic articles and to encours^e or require manufacturers of plastic articles to consider re-use and recycling in product design. (6) An evaluation of the feasibility of making the articles identified under paragraph (1) from degradable plastics materials, taking into account— (A) the risk to humsui health and the environment that may be presented by fragments of degradable plastic articles and the properties of the end-products of the degradation, including biotoxicity, bioaccumulation, persistence, and environmental fate; (B) the efficiency and variability of degradation due to differing environmental and biological conditions; and (C) the cost and benefits of using degradable articles, including the duration for which such articles were designed to remain intact. (c) CONSULTATION.—In carrying out the study required by this section, the Administrator shall consult with the heads of other appropriate Federal agencies, representatives of affected industries, consumer and environment interest groups, and the public. (d) REPORT.—Within 18 months after the date of the enactment of this Act, the Administrator of the Environmental Protection Agency shall report to the Congress the results of the study required by this section, including recommendations in connection therewith. SEC. 2203. EFFECTS OF PLASTIC ENVIRONMENT.

MATERIALS

ON

THE

MARINE

Reports.

Not later than September 30, 1988, the Secretary of Commerce shall submit to the Congress a report on the effects of plastic materials on the marine environment. The report shall— (1) identify and quantify the harmful effects of plastic materials on the marine environment; (2) assess the specific effects of plastic materials on living marine resources in the marine environment; (3) identify the types and classes of plastic materials that pose the greatest potential hazard to living marine resources; (4) Emalyze, in consultation with the Director of the National Bureau of Standards, plastic materials which are claimed to be capable of reduction to environmentally benign submits under the action of normal environmental forces (including biological decomposition, photodegradation, and hydrolysis); and (5) recommend legislation which is necessary to prohibit, tax, or regulate sources of plastic materials that enter the marine environment.

42 USC 6981

SEC. 2204. PLASTIC POLLUTION PUBLIC EDUCATION PROGRAM.

(a) OUTREACH PROGRAM.—

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101 STAT. 1467

(1) IN GENERAL.—Not later than April 1, 1988, the Administrator of the National Oceanic and Atmospheric Administration and the Administrator of the Environmental Protection Agency, in consultation with the Secretary of Transportation, shall jointly commence and thereafter conduct for a period of at least 3 years, a public outreach program to educate the public (including recreational boaters, fishermen, and other users of the marine environment) regarding— (A) the harmful effects of plastic pollution; (B) the need to reduce such pollution; (C) the need to recycle plastic materials; and (D) the need to reduce the quantity of plastic debris in the marine environment. (2) AUTHORIZED ACTIVITIES.—A public outreach program under paragraph (1) may include— (A) workshops with interested groups; (B) public service announcements; (C) distribution of leaflets and posters; and (D) any other means appropriate to educating the public. (b) CITIZEN POLLUTION PATROLS.—The Secretary of Commerce,

Voluntarism.

along with the Administrator of the Environmental Protection Agency and the Secretary of the Department in which the Coast Guard is operating, shall conduct a program to encourage the formation of volunteer groups, to be designated as "Citizen Pollution Patrols", to assist in monitoring, reporting, cleanup, and prevention of ocean and shoreline pollution.

Subtitle C—New York Bight

33 USC 2267 note.

SEC. 2301. NEW YORK BIGHT RESTORATION PLAN.

(a) IN GENERAL.—Within 3 years after the effective date of this State and local section, the Administrator, in consultation with the Administrator governments. of the National Oceanic and Atmospheric Administration and other Federal, State, and interstate agencies, shall prepare a New York Bight Restoration Plan. In preparing such plan, the Administrator shall seek the views and comments of interested persons and hold public hearings in States to be affected by the plan. The first such public hearing shall occur not later than 8 months after the effective date of this section. (b) SCOPE OF PLAN.—The New York Bight Restoration Plan prepared under subsection (a) shall, at a minimum— (1) identify and assess the impact of pollutant inputs, such as treated and untreated sewage discharge, industrial outfalls, agricultural and urban runoff^ storm sewer overflow, upstream contaminant sources, atmospheric fallout, and dumping, that are affecting the water quality and marine resources of the New York Bight; (2) identify those uses in the New York Bight and other areas that are being adversely affected by such pollutant inputs; (3) determine the fate of the contaminants from such pollutant inputs and their effect on human health and the marine environment; (4) identify technologies and management practices necessary for controlling such pollutant inputs; (5) identify the costs of implementing such technologies and practices and any impediments to such implementation;

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