text:
Page:United States Statutes at Large Volume 100 Part 4.djvu/54

 100 STAT. 2982

PUBLIC LAW 99-519—OCT. 22, 1986

ing the date on which the Administrator completes development of the model plan. In the case of a school operated under the defense dependents' education system provided for under l^ the Defense Dependents' Education Act of 1978 (20 U.S.C. 921 et 1 seq.), the Secretary of Defense shall adopt a contractor accreditation plan at least as stringent as that model. • "(c) ACCREDITATION BY ADMINISTRATOR-APPROVED COURSE.— 5 "(1) COURSE APPROVAL.—Within 180 days after the date

-

 * f>3

f

of the enactment of this title, the Administrator shall ensure that any Environmental Protection Agency-approved asbestos training course is consistent with the model plan (including testing requirements) developed under subsection (b). A contractor may be accredited by taking and passing such a course. "(2) TREATMENT OF PERSONS WITH PREVIOUS EPA ASBESTOS

b TRAINING.—A person who— '»' "(A) completed an Environmental Protection Agency; approved asbestos training course before the date of the -^' enactment of this title, and "(B) passed (or passes) an asbestos test either before or f' after the date of the enactment of this title, ' may be accredited under paragraph (1) if the Administrator determines that the course and test are equivalent to the ^ requirements of the model plan developed under subsection (b). If the Administrator so determines, the person shall be consid^ ered accredited for the purposes of this title until a date that is . one year after the date on which the State in which such person is employed establishes an accreditation program pursuant to '* subsection (b). ^_
 * >iHi f

2 r] ^

"(3) LISTS OF COURSES.—The Administrator, in consultation

with affected organizations, shall publish (and revise as necessary)— "(A) a list of asbestos courses and tests in effect before the date of the enactment of this title which qualify for equivac,, lency treatment under paragraph (2), and '. "(B) a list of asbestos courses and tests which the Y Administrator determines under paragraph (1) are consistent with the model plan and which will qualify a contractor for accreditation under such paragraph. "(d) LABORATORY ACCREDITATION.—(1) The Administrator shall provide for the development of an accreditation program for laboratories by the National Bureau of Standards in accordance with paragraph (2). The Administrator shall transfer such funds as are necessary to the National Bureau of Standards to carry out such program. "(2) The National Bureau of Standards, upon request by the Administrator, shall, in consultation with affected organizations— "(A) within 360 days after the date of the enactment of this title, develop an accreditation program for laboratories which 3 conduct qualitative and semi-quantitative analyses of bulk samrc pies of asbestos-containing material, and "(B) within 720 days after the date of the enactment of this title, develop an accreditation program for laboratories which conduct analyses of air samples of asbestos from school buildi ings under the authority of a local educational agency. "(3) A laboratory which plans to carry out any such analysis shall comply with the requirements of the accreditation program.

�


text:
Page:United States Statutes at Large Volume 100 Part 4.djvu/55

 PUBLIC LAW 99-519—OCT. 22, 1986

100 STAT. 2983

"(e) FINANCIAL ASSISTANCE CONTINGENT ON USE OF ACCREDITED

PERSONS.—(1) A school which is an applicant for financial assistance under section 505 of the Asbestos School Hazard Abatement Act of 1984 (Public Law 98-377; 20 U.S.C. 4011 et seq.) is not eligible for 20 USC 4014. such assistance unless the school, in carrying out the requirements of this title— "(A) uses a person i^or persons)— im-; T • * 'n iHi n "(i) who is accredited by a State which has adopted an accreditation plan based on the model plan developed under diis^' subsection (b), or
 * i

"(ii) who is accredited pursuant to an Administrator's • approved course under subsection (c), and "(B) uses a laboratory (or laboratories) which is accredited under the program developed under subsection (d). "(2) This subsection shall apply to any financial assistance provided under the Asbestos School Hazard Abatement Act of 1984 for activities performed after the following dates: "(A) In the case of activities performed by persons, after the , date which is one year after the date of the enactment of this •ic title. "(B) In the case of activities performed by laboratories, after --* the date which is 180 days after the date on which a laboratory accreditation program is completed under subsection (d), "SEC. 207. ENFORCEMENT.

15 USC 2647.

"(a) PENALTIES.—Any local educational agency— "(1) which fails to conduct an inspection pursuant to regulations under section 203(b) or under section 204(b), "(2) which knowingly submits false information to the Governor regarding any inspection pursuant to regulations under section 203(i) or knowingly includes false information in any duct inspection statement under section 204(d)(3), or "(3) which fails to develop a management plan pursuant to regulations under section 203(i) or under section 204(d), is liable for a civil penalty of not more than $5,000 for each day during which the violation continues. Any civil penalty under this subsection shall be assessed and collected in the same manner, and subject to the same provisions, as in the case of civil penalties assessed and collected under section 16. For purposes of this subsec- 15 USC 2615. tion, a 'violation' means a failure to comply with respect to a single school building. The court shall order that any civil penalty collected under this subsection be used by the local educational agency for purposes of complying with this title. Any portion of a civil penalty remaining unspent after compliance by a local educational agency is completed shall be deposited into the Asbestos Trust Fund established by section 5 of the Asbestos Hazard Emergency Response Act of 1986. Post, p. 2990. "(b) RELATIONSHIP TO TITLE I.—A local educational agency is not liable for any civil penalty under title I of this Act for failing or Post, p. 2989. refusing to comply with any rule promulgated or order issued under this title. "(c) ENFORCEMENT CONSIDERATIONS.—

'k,

"(1) In determining the amount of a civil penalty to be assessed under subsection (a) against a local educational agency, the Administrator shall consider— "(A) the significance of the violation;

�

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


text:
Page:United States Statutes at Large Volume 100 Part 4.djvu/56

 100 STAT. 2984

U(f£

Post, p. 2989.

Federal Register, publication.

Courts, U.S. District of Columbia.

'(••k'-: r..V-

PUBLIC LAW 99-519—OCT. 22, 1986

"(B) the culpability of the violator, including any history of previous violations under this Act; "(C) the ability of the violator to pay the penalty; and "(D) the ability of the violator to continue to provide muiyi: educational services to the community. "(2) Any action ordered by a court in fashioning relief under section 20 shall be consistent with regulations promulgated under section 203 (or with the requirements of section 204 if there are no regulations). "(d) CITIZEN COMPLAINTS.—Any person may file a complaint with the Administrator or with the Governor of the State in which the school building is located with respect to asbestos-containing material in a school building. If the Administrator or Governor receives a complaint under this subsection containing allegations which provide a reasonable basis to believe that a violation of this Act has occurred, the Administrator or Governor shall investigate and respond (including taking enforcement action where appropriate) to the complaint within a reasonable period of time. "(e) CITIZEN PETITIONS.—(1) Any person may petition the Administrator to initiate a proceeding for the issuance, amendment, or repeal of a regulation or order under this title. "(2) Such petition shall be filed in the principal office of the Administrator and shall set forth the facts which it is claimed establish that it is necessary to issue, amend, or repeal a regulation or order under this title. "(3) The Administrator may hold a public hearing or may conduct such investigation or proceeding as the Administrator deems appropriate in order to determine whether or not such petition should be granted. "(4) Within 90 days after filing of a petition described in paragraph (1), the Administrator shall either grant or deny the petition. If the Administrator grants such petition, the Administrator shall promptly commence an appropriate proceeding in accordance with this title. If the Administrator denies such petition, the Administrator shall publish in the Federal Register the Administrator's reasons for such denial. The granting or denial of a petition under this subsection shall not affect any deadline or other requirement of this title. "(f) CITIZEN CIVIL ACTIONS WITH RESPECT TO EPA REGULATIONS.—

(1) Any person may commence a civil action without prior notice against the Administrator to compel the Administrator to meet the deadlines in section 203 for issuing advanced notices of proposed rulemaking, proposing regulations, and promulgating regulations. Any such action shall be brought in the district court of the United States for the District of Columbia. "(2) In any action brought under paragraph (1) in which the court finds the Administrator to be in violation of any deadline in section 203, the court shall set forth a schedule for promulgating the regulations required by section 203 and shall order the Administrator to comply with such schedule. The court may extend any deadline (which has not already occurred) in section 204(b), 204(c), or 204(d) for a period of not more than 6 months, if the court-ordered schedule will result in final promulgation of the pertinent regulations within the extended period. Such deadline extensions may not be granted by the court beginning 720 days after the date of enactment of this title, J^*^-v ji>» *-^. «>.r.>x,.iii •

�


text:
Page:United States Statutes at Large Volume 100 Part 4.djvu/57

 PUBLIC LAW 99-519—OCT. 22, 1986

100 STAT. 2985

"(3) Section 20 of this Act shall apply to civil actions described Post, p. 2989. in this subsection, except to the extent inconsistent with this subsection. "SEC. 208. EMERGENCY AUTHORITY. "(a) EMERGENCY ACTION.— "(1) AUTHORITY.—Whenever—

sj

15 USC 2648. Health and medical care.

"(A) the presence of airborne asbestos or the condition of friable asbestos-containing material in a school building governed by a local educational agency poses an imminent and substantial endangerment to human health or the environment, and "(B) the local educational agency is not taking sufficient action (as determined by the Administrator or the Governor) to respond to the airborne asbestos or friable asbestos-containing material, the Administrator or the Governor of a State is authorized to act to protect human health or the environment. "(2) LIMITATIONS ON GOVERNOR ACTION.—The Governor of a

State shall notify the Administrator within a reasonable period of time before the Governor plans to take an emergency action under this subsection. After such notification, if the Administrator takes an emergency action with respect to the same hazard, the Governor may not carry out (or continue to carry out, if the action has been started) the emergency action. "(3) NOTIFICATION.—The following notification shall be provided before an emergency action is taken under this subsection: "(A) In the case of a Governor taking the action, the Governor shall notify the local educational agency con/ cerned. "(B) In the case of the Administrator taking the action, the Administrator shall notify both the local educational agency concerned and the Governor of the State in which such agency is located. "(4) COST RECOVERY.—The Administrator or the Governor of a

Courts, U.S. District of Columbia.

State may seek reimbursement for all costs of an emergency action taken under this subsection in the United States District Court for the District of Columbia or for the district in which the emergency action occurred. In any action seeking reimbursement from a local educational agency, the action shall be brought in the United States District Court for the district in which the local educational agency is located. "(b) INJUNCTIVE RELIEF.—Upon receipt of evidence that the presence of airborne asbestos or the condition of friable asbestos-containing material in a school building governed by a local educational agency poses an imminent and substantial endangerment to human health or the environment— "(1) the Administrator may request the Attorney General to bring suit, or "(2) the Governor of a State may bring suit, to secure such relief as may be necessary to respond to the hazard. The district court of the United States in the district in which the Courts, U.S response will be carried out shall have jurisdiction to grant such relief, including injunctive relief.

�


text:
Page:United States Statutes at Large Volume 100 Part 4.djvu/58

 100 STAT. 2986 15 USC 2649.

Courts, U.S.

15 USC 2650.

Insurance.

PUBLIC LAW 99-519—OCT. 22, 1986

"SEC. 209. STATE AND FEDERAL LAW.

"(a) No PREEMPTION.—Nothing in this title shall be construed, interpreted, or applied to preempt, displace, or supplant any other State or Federal law, whether statutory or common. "(b) COST AND DAMAGE AWARDS.—Nothing in this title or any standard, regulation, or requirement promulgated pursuant to this title shall be construed or interpreted to preclude any court from awarding costs and damages associated with the abatement, including the removal, of asbestos-containing material, or a portion of such costs, at any time prior to the actual date on which such material is removed. "(c) STATE MAY ESTABLISH MORE REQUIREMENTS.—Nothing in this title shall be construed or interpreted as preempting a State from establishing any additional liability or more stringent requirements with respect to asbestos in school buildings within such State. "(d) No FEDERAL CAUSE OF ACTION.—Nothing in this title creates a cause of action or in any other way increases or diminishes the liability of any person under any other law. "(e) INTENT OF CONGRESS.—It is not the intent of Congress that this title or rules, regulations, or orders issued pursuant to this title be interpreted as influencing, in either the plaintiffs or defendant's favor, the disposition of any civil action for damages relating to asbestos. This subsection does not affect the authority of any court to make a determination in an adjudicatory proceeding under applicable State law with respect to the admission into evidence or any other use of this title or rules, regulations, or orders issued pursuant to this title. •SEC. 210. ASBESTOS CONTRACTORS AND LOCAL EDUCATIONAL AGENCIES. (a) STUDY.— ' '" " • - "(1) GENERAL REQUIREMENT.—The Administrator shall con-

duct a study on the availability of liability insurance and other forms of assurance against financial loss which are available to local educational agencies and asbestos contractors with respect to actions required under this title. Such study shall examine the following: "(A) The extent to which liability insurance and other forms of assurance against financial loss are available to local educational agencies and asbestos contractors. "(B) The extent to which the cost of insurance or other forms of assurance against financial loss has increased and the extent to which coverage has become less complete. fin "(C) The extent to which any limitation in the availability of insurance or other forms of assurance against financial loss is the result of factors other than standards of liability in applicable law. "(D) The extent to which the existence of the regulations required by subsections (c) and (d) of section 203 and the accreditation of contractors under section 206 has affected the availability or cost of insurance or other forms of assurance against fin£mcial loss. "(E) The extent to which any limitation on the availability of insurance or other forms of assurance against financial loss is inhibiting inspections for asbestos-containing material or the development or implementation of management plans under this title. sy*» <5^i K. ' t Krur.s

�


text:
Page:United States Statutes at Large Volume 100 Part 4.djvu/59

 PUBLIC LAW 99-519—OCT. 22, 1986

100 STAT. 2987

^ 'fii'

"(F) Identification of any other impediments to the timely completion of inspections or the development and implementation of management plans under this title. Vs "(2) INTERIM REPORT.—Not later than April 1, 1988, the ,; * Administrator shall submit to the Congress an interim report • - on the progress of the study required by this subsection, along with preliminary findings based on information collected to that • » date. "(3) FINAL REPORT.—Not later than October 1, 1990, the Administrator shall submit to the Congress a final report on the study required by this subsection, including final findings based on the information collected. "(b) STATE ACTION.—On the basis of the interim report or the final report of the study required by subsection (a), a State may enact or amend State law to establish or modify a standard of liability for local educational agencies or asbestos contractors with respect to actions required under this title. "SEC. 211. PUBLIC PROTECTION.

,^-..,,^,,;€«e^, v v

Discrimination,

"(a) PUBLIC PROTECTION.—No State or local educational agency i5°usC265l. may discriminate against a person in any way, including firing a person who is an employee, because the person provided information ,,,, ^^, >,, relating to a potential violation of this title to any other person, including a State or the Federal Government. "(b) LABOR DEPARTMENT REVIEW.—Any public or private employee

or representative of employees who believes he or she has been fired or otherwise discriminated against in violation of subsection (a) may within 90 days after the alleged violation occurs apply to the Secretary of Labor for a review of the firing or alleged discrimination. The review shall be conducted in accordance with section 11(c) of the Occupational Safety and Health Act. 29 USC 660. '•^'"SEC. 212. ASBESTOS OMBUDSMAN.

15 USC 2652.

"(a) APPOINTMENT.—The Administrator shall appoint an Asbestos Ombudsman, who shall carry out the duties described in subsection (b). "(b) DUTIES.—The duties of the Asbestos Ombudsman are— "(1) to receive complaints, grievances, and requests for ^"-'^ information submitted by any person with respect to any aspect of this title, 9r» "(2) to render assistance with respect to the complaints, griev® ^ ances, and requests received, and ' "(3) to make such recommendations to the Administrator as the Ombudsman considers appropriate. "SEC. 213. EPA STUDY OF ASBESTOS-CONTAINING MATERIAL IN PUBLIC 15 USC 2653. BUILDINGS.

"Within 360 days after the date of the enactment of this title, the Administrator shall conduct and submit to the Congress the results of a study which shall— "(1) assess the extent to which asbestos-containing materials yst! are present in public and commercial buildings; "(2) assess the condition of asbestos-containing material in commercial buildings and the likelihood that persons occupying " - such buildings, including service and maintenance personnel, are, or may be, exposed to asbestos fibers;

^^-"^ i. / i i -

�


text:
Page:United States Statutes at Large Volume 100 Part 4.djvu/60

 100 STAT. 2988

15 USC 2654. Post, p. 2989.

20 USC 4014.

PUBLIC LAW 99-519~OCT. 22, 1986

"(3) consider and report on whether public and commercial I buildings should be subject to the same inspection and response action requirements that apply to school buildings; J "(4) assess whether existing Federal regulations adequately J protect the general public, particularly abatement personnel, g from exposure to asbestos during renovation and demolition of r ^ such buildings; and "(5) include recommendations that explicitly address whether o there is a need to establish standards for, and regulate asbestos exposure in, public and commercial buildings. "SEC. 214. TRANSITION RULES. ^^ ^ "Any regulation of the Environmental Protection Agency under title I which is inconsistent with this title shall not be in effect after the date of the enactment of this title. Any advanced notice of proposed rulemaking, any proposed rule, and any regulation of the Environmental Protection Agency in effect before the date of the enactment of this title which is consistent with the regulations required under section 203 shall remain in effect and may be used to meet the requirements of section 203, except that any such regulation shall be enforced under this Act.". SEC. 3. TECHNICAL AND CONFORMING AMENDMENTS. (a) CONFORMING AMENDMENT TO ASBESTOS SCHOOL HAZARD ABATE-

Ante, p. 2980.

MENT ACT.—Section 505(g) of the Asbestos School Hazard Abatement Act of 1984 (Public Law 98-377; 20 U.S.C. 4011 et seq.) is amended by adding at the end the following new paragraph: "(4)(A) No financial assistance may be provided under this section to any school— "(i) which uses any person who has not been accredited pursuant to section 206(b) or 206(c) of the Toxic Substances Control Act, to carry out activities described in section 206(a) of that Act, or J, "(ii) which uses any laboratory which has not been accredited pursuant to section 206(d) of the Toxic Substances Control Act, to carry out activities described in such section. "(B) This paragraph shall apply to any financial assistance provided under this section after the date of the enactment of the Asbestos Hazard Emergency Response Act of 1986, for activities performed after the following dates: "(i) In the case of activities performed by persons, after the date which is one year after the date of the enactment of this title. "(ii) In the case of activities performed by laboratories, after the date which is 180 days after the date on which a laboratory accreditation program is completed under subsection (d).". (b) CONFORMING AMENDMENTS TO TOXIC SUBSTANCES CONTROL

Ante, p. 2970.

(1) Section 15 of the Toxic Substances Control Act (15 U.S.C 2614) is amended in paragraph (1)— (A) by Striking out "or" before "(C)", af (B) by striking out the semicolon and inserting in lieu thereof a comma, and ni imr (C) by adding at the end of such paragraph the following: "or (D) any requirement of title II or any rule promulgated or order issued under title II;". ,. _.,,,..

�


text:
Page:United States Statutes at Large Volume 100 Part 4.djvu/61

 PUBLIC LAW 99-519—OCT. 22, 1986

100 STAT. 2989

(2) Section 19 of such Act (15 U.S.C. 2618) is amended in subsection (a)(l)(A) by inserting after "or 8," the following: "or under title II,". (3) Section 20 of such Act (15 U.S.C. 2619) is amended in sulDsection (a)(1) by striking out "4, 5, or 6 or order issued under section 5" and inserting in lieu thereof the following: "4, 5, or 6, or title II, or order issued under section 5 or title 11" (c) TECHNICAL AMENDMENTS.—The Toxic Substances Control Act (15 U.S.C. 2601 et seq.) is amended— (1) by inserting immediately before section 1 the following:

i

'J^H s

,,,.,

"TITLE I—CONTROL OF TOXIC SUBSTANCES"; (2) by inserting in the table of contents in section 1, immediately before the item relating to section 1, the following: "TITLE I—CONTROL OF TOXIC SUBSTANCES";

and (3) by adding at the end of the table of contents in section 1 the following: "Sec. "Sec. "Sec. "Sec. "Sec. "Sec. "Sec. "Sec. "Sec. "Sec. "Sec. "Sec. "Sec. "Sec.

"TITLE II—ASBESTOS HAZARD EMERGENCY RESPONSE 201. Congressional findings and purpose. 202. Definitions. 203. EPA Regulations. 204. Requirements if EPA fails to promulgate regulations. 205. Submission to State Governor. 206. Contractor and laboratory accreditation. 207. Enforcement. 208. Emergency authority. 209. State and Federal law. 210. Asbestos contractors and local educational agencies. 211. Public protection. 212. Asbestos ombudsman. 213. EPA study of asbestos-containing material in public buildings. 214. Transition rules.".

,

SEC. 4. AUTHORIZATION.

(a) Section 512 of the Asbestos School Hazard Abatement Act of 1984 (Public Law 98-377; 20 U.S.C. 4011 et seq.) is amended by adding at the end the following: "In addition, for such purposes there are authorized to be appropriated out of the Asbestos Trust Fund established by section 5 of the Asbestos Hazard Emergency Response Act of 1986 $25,000,000 for each of fiscal years 1987, 1988, 1989, and 1990.". (b)(1) Notwithstanding section 505(c) of the Asbestos School Hazard Abatement Act of 1984, for fiscal years 1988 and 1989 the Administrator shall provide financial assistance under section 505 of such Act in the form of grants to States or local educational agencies to carry out inspections for asbestos-containing material in school buildings and preparation of management plans for school buildings under this title. (2) Not more than 2 percent of any grant awarded to a State pursuant to paragraph (1) may be used by the State for administrative purposes. For purposes of the preceding sentence, administrative purposes do not include salaries of persons who inspect for asbestos-containing material or assist in the preparation of management plans.

20 USC 4021.

Quants 20 USC 4014. 20 USC 4014 '^o^®-

Wages.

.

�


text:
Page:United States Statutes at Large Volume 100 Part 4.djvu/62

 100 STAT. 2990

20 USC 4011.

20 USC 4022.

PUBLIC LAW 99-519—OCT. 22, 1986

(3) In determining which local educational agencies to approve grants for, the Administrator shall take into account the financial need of the agency. Of the amount available under the Asb^tos School Hazard Abatement Act of 1984 for fiscal years 1988 and 1989, not more than 10 percent may be obligated for the purposes described in this subsection. SEC. 5. ASBESTOS TRUST FUND.

(a) CREATION OF TRUST FUND.—There is established in the Treasury of the United States a trust fund to be known as the "Asbestos Trust Fund", consisting of such amounts as may be transferred or credited to such Trust Fund as provided in this section. (b) TRANSFERS TO TRUST FUND.—

20 USC 4014.

(1) TRANSFER.—There are hereby transferred to the Asbestos Trust Fund amounts equivalent to— (A) amounts received in the Treasury on or after January 1, 1987, as repayments of loans made under section 505 of the Asbestos School Hazard Abatement Act of 1984 (Public Law 98-377; 20 U.S.C. 4011 et seq.) as in effect on the date of I ac: the enactment of this Act, and (B) amounts received as deposits from local educational agencies under section 207(a) of the Toxic Substances Control Act (as added by section 2 of this Act). (2) MONTHLY TRANSFERS.—The amounts transferred by paragraph (1) shall be transferred at least monthly from the general fund of the Treasury to the Asbestos Trust Fund on the basis of estimates made by the Secretary of the Treasury of the amounts referred to in such paragraph. Adjustments shall be made in the amounts subsequently transferred to the extent prior estimates were more or less than the amounts required to be transferred. (c) MANAGEMENT OF TRUST FUND.— (1) INVESTMENT.—

(A) IN GENERAL.—The Secretary of the Treasury shall invest such portion of the Asbestos Trust Fund as is not, in his judgment, required to meet current withdrawals. Such investments may be made only in interest-bearing obligations of the United States and may be acquired— .mi^ \M} O S (i) on original issue at the issue price, or %•: t>A t. v:,,. (ii) by purchase of outstanding obligations at the market price. (B) SALE OF OBLIGATIONS.—Any obligation acquired by the

Asbestos Trust Fund may be sold by the Secretary of the Treasury at the market price.
 * acL

i i.) t^^ t I li'i J >J0i3

i

(C) INTEREST ON CERTAIN PROCEEDS.—The interest on, and

held in the Asbestos Trust Fund shall be credited to and form a part of the Trust Fund. (2) REPORT.—It shall be the duty of the Secretary of the Treasury to hold the Asbestos Trust Fund and to report to the Congress each year on the financial condition and the results of the operations of the Trust Fund during the preceding fiscal year and on its expected condition and operations during the next 5 fiscal years. (d) EXPENDITURES FROM ASBESTOS TRUST FUND.—Amounts in the
 * ^® proceeds from the sale or redemption of, any obligations

,m-gi:. Asbestos Trust Fund shall be available, as provided by appropriation Acts, only for purposes of carrying out the Asbestos Hazards Abatement Assistance Program under section 505 of the Asbestos School

�


text:
Page:United States Statutes at Large Volume 100 Part 4.djvu/63

 PUBLIC LAW 99-519—OCT. 22, 1986

100 STAT. 2991

Hazard Abatement Act of 1984 as in effect on the date of the 20 USC 4014. enactment of this Act. (e) AUTHORITY TO BORROW.—

(1) IN GENERAL.—There are authorized to be appropriated to Appropriation the Asbestos Trust Fund, as repayable advances, $25,000,000 for authorization., each of fiscal years 1987, 1988, 1989, and 1990. n] (2) REPAYMENT OF ADVANCES.—

(A) IN GENERAL.—Advances made under this subsection shall be repaid, and interest on such advances shall be paid, to the general fund of the Treasury when the Secretary mi II fA determines that moneys are available for such purposes in the Asbestos Trust Fund. gi«ifii.sa (B) RATE OF INTEREST.—Interest on advances made under this subsection shall be at a rate determined by the Sec; > retary (as of the close of the calendar month preceding the month in which the advance is made) to be equal to the current average market yield on outstanding marketable fei,1 obligations of the United States with remaining periods to ta? maturity comparable to the anticipated period during which the advance will be outstanding and shall be compounded annually. (f) EFFECTIVE DATE.—The amendments made by this section shall take effect on January 1, 1986. Approved October 22, 1986.

^ru.'jr>;-|.-:

«

--r-^- V M > O -..^- •:- - r e v..

LEGISLATIVE HISTORY—H.R. 5073 (S. 2083): HOUSE REPORTS: No. 99-763 (Comm. on Energy and Commerce). SENATE REPORTS: No. 99-427 accompanying S. 2083 (Comm. on Environment and Public Works). CONGRESSIONAL RECORD, Vol. 132 (1986): Aug. 12, considered and passed House. Sept. 10, considered and passed Senate, amended. Oct. 1, House concurred in Senate amendment with an amendment. Oct. 3, Senate concurred in House amendment.

�


text:
Page:United States Statutes at Large Volume 100 Part 4.djvu/64

 100 STAT. 2992
 * r.)gT.

Oct. 22, 1986 [H.J. Res. 438]

PUBLIC LAW 99-520—OCT. 22, 1986

Public Law 99-520 99th Congress

Joint Resolution

'

.

.,v ^'

-,

d' - ..^

To designate October 31. 1986, as "National Child Identification and Safety Information Day".

Whereas the American people are becoming increasingly aware of the high incidence of abduction and exploitation of the children of the United States; Whereeis it is estimated that more than 50,000 children will be kidnapped during 1985; Whereas many organizations have dedicated themselves to teaching safety measures to children; Wheregis, to further protect the children of the United States, parents should maintain fingerprint and other identification records that will aid in locating missing children; Whereas the evening of October 31, which is known as Halloween, is a night when children are especially vulnerable to abduction or attack; Whereas there is a need on Halloween for parents to take extra precautions to ensure the safety of their children; and Whereas October 31, 1986, is an appropriate day on which to commemorate the need for educating the public regarding child identification techniques and other child safety mesisures: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled. That October 31, 1986, is designated as "National Child Identification and Safety Information Day", and the President of the United States is authorized and requested to issue a proclamation calling upon the people of the United States to observe such day with appropriate ceremonies and activities. Approved October 22, 1986.

LEGISLATIVE HISTORY—H.J. Res. 438 (S.J. Res. 424): CONGRESSIONAL RECORD, Vol. 132 (1986): Oct. 1, considered and passed House. Oct. 8, considered and passed Senate.

�


text:
Page:United States Statutes at Large Volume 100 Part 4.djvu/65

 PUBLIC LAW 99-521—OCT. 22, 1986

100 STAT. 2993

Public Law 99-521 99th Congress An Act To amend title 49, United States Code, to reduce regulation of surface freight forwarders, and for other purposes.

Oct. 22, 1986 [S. 1124]

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

Surface Freight Forwarder Deregulation Act of 1986. Transportation. Commerce and trade. 49 USC 10101 note. 49 USC 10101 note.

SECTION 1. SHORT TITLE.

This Act may be cited as the "Surface Freight Forwarder Deregulation Act of 1986". SEC. 2. PURPOSE.

This Act is part of the continuing effort by Congress to reduce burdensome and unnecessary government regulations and to ensure the competitiveness and efficacy of transportation services of surface freight forwarders in the United States. SEC. 3. FINDINGS.

The Congress finds that— (1) a safe, sound, and competitive surface freight forwarder industry is important to the national transportation system; (2) the statutes governing Federal regulation of the freight forwarder industry are outdated and must be revised to reflect present and future transportation needs and realities; (3) protective regulation heis resulted in anticompetitive pricing and has restricted the range of price and service options available to shippers; (4) in order to reduce the uncertainty experienced by the Nation's transportation industries, the Interstate Commerce Commission's remaining responsibilities for the regulation of surface freight forwarders should be eliminated in accordance with this Act; and (5) legislative and resulting changes should be implemented with the least amount of disruption consistent with achieving the reforms enacted.

49 USC 10101 note.

SEC. 4. DEFINITIONS.

Section 10102 of title 49, United States Code, is amended as follows: (1) COMMON CARRIER.—In paragraph (4), insert "household goods" before "freight forwarder". (2) FREIGHT FORWARDER.—In paragraph (9), after and below subparagraph (C), insert the following new sentence: "Such term does not include a person using transportation of an air carrier subject to the Federal Aviation Act of 1958.". (3)

HOUSEHOLD GOODS

FREIGHT

FORWARDER.—Redesignate

paragraphs (12) through (30), and any references thereto, as paragraphs (13) through (31), respectively, and insert after paragraph (11) the following new paragraph: .".•^••»ocj| bloff©;

49 USC app. 1301 note.

�


text:
Page:United States Statutes at Large Volume 100 Part 4.djvu/66

 100 STAT. 2994

PUBLIC LAW 99-521—OCT. 22, 1986 "(12) 'household goods freight forwarder' means a freight forwarder of one or more of the following items: household goods, unaccompanied baggage, or used automobiles.".

SEC. 5. INTERSTATE COMMERCE COMMISSION ADMINISTRATION.

..'^B'^.:c^9 msn.m

(a) NOTICE OF REMOVAL OF OPERATING RESTRICTIONS.—Section 10328(b)(2) of title 49, United States Code, is amended by inserting "household goods" before "freight forwarder".

M

(b) SERVICE OF NOTICE IN COMMISSION PROCEEDINGS.—Section

',/,
 * LI>^J

I0tt)i >'.' * t a^o/i morm^fi

10329 of title 49, United States Code, is amended— (1) in subsection (a)(2) by inserting "household goods" before "freight forwarder"; (2) in subsection (c)(3) by inserting "household goods" before "freight forwarder" each place it appears; and (3) in subsection (d) by inserting "household goods" before "freight forwarder". SEC. 6. JURISDICTION.

'"

(a) LIMITATION ON JURISDICTION OVER PROCUREMENT OF MOTOR VEHICLE TRANSPORTATION.—Section 10521(a) of title 49, United

Ki'^j '>v' •

States Code, is amended by inserting after "transportation" the second place it appears ", except by a freight forwarder (other than a household goods freight forwarder),". (b) EXEMPT MOTOR VEHICLE TRANSPORTATION.—Section 10523 of title 49, United States Code, is amended— (1) in subsection (a)(l)(B)(iii) by inserting "household goods" before "freight forwarder"; (2) in subsection (a)(l)(C) by inserting "household goods" before "freight forwarder"; (3) in subsection (a)(2) by inserting "household goods" before "freight forwarder"; (4) in subsection (b)(l)(B)(iv) by inserting "household goods" before "freight forwarder"; and (5) in subsection (b)(2) by inserting "household goods" before "freight forwarder" each place it appears. (c) LIMITATION ON GENERAL JURISDICTION OVER FREIGHT FOR-

WARDERS.—Section 10561 of title 49, United States Code, is amended by inserting "household goods" before "freight forwarder" each place it appears. (d) EXEMPT FREIGHT FORWARDER SERVICE.—(1) Section 10562 of title 49, United States Code, is repealed. (2) The section analysis of chapter 105 of title 49, United States Code, is amended by striking ,. > "10562. Exempt freight forwarder service."

,,^ '-

and inserting in lieu thereof • 'tin

"10562. Repealed.".

imi "4

SEC. 7. RATES, TARIFFS, AND VALUATIONS. (a) AUTHORITY TO ENTER INTO CONTRACTS WITH CERTAIN CAR-

RIERS.—Section 10703(a)(4)(E) of title 49, United States Code, is amended by inserting "household goods" before "freight forwarder". (b) AUTHORITY OF COMMISSION.—Section 10704 of title 49, United States Code, is amended— (1) in subsection (b)(l)(C) by inserting "household goods" before "freight forwarder";

�


text:
Page:United States Statutes at Large Volume 100 Part 4.djvu/67

 PUBLIC LAW 99-521—OCT. 22, 1986

100 STAT. 2995

-' ^

(2) in subsection (b)(3) by inserting "household goods" before "freight forwarder"; and (3) in subsection (b)(4) by inserting "household goods" before "freight forwarder" and "freight forwarding, respectively", (c) RATE AGREEMENTS; ANTI-TRUST LAWS.—Section 10706 of title 49, United States Code, is amended— (1) in subsection (a)(2)(A) by striking "(c)(l)(B)-(E)" and inserting in lieu thereof "(d)(l)(BHE)"; and (2) in subsection (d)(l)(E) by striking "Freight" and inserting ' in lieu thereof "Household goods freight". ' (d) INVESTIGATION AND SUSPENSION OF RATES.—Section 10708 of title 49, United States Code, is amended— (1) in subsection (d)(l) by inserting "household goods" before ^ "freight forwarder; and (2) in subsection (d)(2) by inserting "household goods" before "freight forwarders" each place it appears. (e) SPECIAL PASSENGER RATES.—Section 10722(d)(2) of title 49, United States Code, is amended by inserting "household goods" before "freight forwarder". (f) SPECIAL RATES.—Section 10725 of title 49, United States Code, is amended— (1) in subsection (b) by inserting "household goods" before "freight forwarders; and (2) in subsection (c) by inserting "household goods" before "freight forwarder". (g) RATES AND LIABILITY BASED ON VALUE.—Section 10730 of title 49, United States Code, is amended— (1) in the last sentence of subsection (a) by inserting "by a household goods freight forwarder" after "Commission" the first place it appears; and (2) in subsection (b)— (A) by inserting "or a freight forwarder" after "title" the first place it appears, , ^.; (B) by inserting ", with respect to a motor carrier," after g,,j. "including", and (C) by inserting "or freight forwarder" after "carrier" the ^^ last 5 places it appears. (h) PROHIBITION AGAINST DISCRIMINATION.—Section 10741(c) of

title 49, United States Code, is amended by inserting "household goods" before "freight forwarder" each place it appears. (i) PAYMENT OF RATES.—Section 10743(b)(2) of title 49, United States Code, is amended by inserting "household goods" before "freight forwarder". (j) LIMITATION ON USE OF COMMON CARRIERS.—(1) Section 10749(b)

of title 49, United States Code, is amended by inserting "household goods" before "freight forwarder" each place it appears. (2) The heading of section 10749 of title 49, United States Code, is amended by inserting "household goods" before "freight forwarders". (3) The item relating to section 10749 in the section analysis of chapter 107 of title 49, United States Code, is amended by inserting "household goods" before "freight forwarders". (k) GENERAL TARIFF REQUIREMENTS.—Section 10762(a)(2) of title 49, United States Code, is amended by inserting "household goods" before "freight forwarder". (1) TRAFFIC AGREEMENTS.—

i;

' - * * -S'' '• ^ •

.!':ctH c i:

�


text:
Page:United States Statutes at Large Volume 100 Part 4.djvu/68

 100 STAT. 2996

PUBLIC LAW 99-521—OCT. 22, 1986

s)'

(1) HOUSEHOLD GOODS FREIGHT FORWARDERS.—Section 10766 of title 49, United States Code, is amended by inserting "household £•!' goods" before "freight forwarder" each place it appears.
 * 4i

(2) CONTINUING AUTHORITY OF DEREGULATED FREIGHT FORWARDERS TO CONTRACT.—Section 10766 of title 49, United States

Code, is further amended by redesignating subsection (c), and any reference thereto, as subsection (d) and by inserting after subsection (b) the following new subsection: "(c) AUTHORITY OF FREIGHT FORWARDERS TO ENTER INTO CON-

49 USC 10561.

49 USC 10521.

TRACTS.—A freight forwarder (other than a household goods freight forwarder) providing service which, on the day before the date of the enactment of the Surface Freight Forwarder Deregulation Act of 1986, would have been service subject to the jurisdiction of the Commission under subchapter IV of chapter 105 of this title may contract with— "(1) a rail carrier, "(2) a water common carrier providing transportation subject ' gtj o the Shipping Act, 1916 (46 U.S.C. App. 801-842) or the Intercoastal Shipping Act, 1933 (46 U.S.C. App. 843-848), p.j "(3) a motor common carrier providing transportation subject to the jurisdiction of the Commission under subchapter II of si< such chapter, "(4) a motor contract carrier of property providing transportation subject to the jurisdiction of the Commission under such »tt. subchapter II, and "(5) a shipper."., ^,, j ^..., „.? SEC. 8. LICENSING.

(a) PERMITS.—(1) Section 10923 of title 49, United States Code, is amended by inserting "households goods" before "freight forwarder" each place it appears. (2) The heading of section 10923 of title 49, United States Code, is amended by inserting "household goods" before "freight forwarders". (3) The item relating to section 10923 in the section analysis of chapter 109 of title 49, United States Code, is amended by inserting "household goods" before "freight forwarders". (b) EFFECTIVE PERIOD OF PERMITS.—Section 10925 of title 49, United States Code, is amended by inserting "household goods" before "freight forwarder" each place it appears. (c) TRANSFERS OF PERMITS.—Section 10926 of title 49, United States Code, is amended by inserting "household goods" before "freight forwarder" each place it appears. (d) SECURITY.—(1) Section 10927(c)(1) of title 49, United States Code, is amended by inserting "household goods" before "freight forwarder" each place it appears. (2) Section 10927(c)(2) of title 49, United States Code, is amended— (A) by inserting "household goods" before "freight forwarder" the first place it appears, (B) by inserting or a freight forwarder" after "permit", and (C) by striking under this subtitle". (e) LIMITATIONS ON PERMITS.—Section 10930(b) of title 49, United States Code, is amended by inserting "household goods" before "freight forwarder" each place it appears. (f) AUTHORIZING ABANDONMENT OF SERVICE.—(1) Section 10933 of title 49, United States Code, is amended by inserting "household goods" before "freight forwarder" each place it appears.. - «>...

�


text:
Page:United States Statutes at Large Volume 100 Part 4.djvu/69

 PUBLIC LAW 99-521—OCT. 22, 1986

100 STAT. 2997

(2) The heading of section 10933 of title 49, United States Code, is amended by inserting ''household goods" before "freight forwarder". (3) The item relating to section 10933 in the section analysis of chapter 109 of title 49, United States Code, is amended by inserting "household goods before * 'freight forwarder. SEC. 9. OPERATIONS OF CARRIERS.

(a) PROVIDING TRANSPORTATION AND SERVICE.—Section 11101(b) of title 49, United States Code, is amended by inserting "household goods" before "freight forwarders". (b) SERVICE.—(1) Section 11127 of title 49, United States Code, is amended by inserting "household goods" before "freight forwarder" and "freight forwarders" each place they appear. (2) The heading of section 11127 of title 49, United States Code, is amended by inserting "household goods" before "freight forwarders". (3) The item relating to section 11127 in the section analysis of chapter 111 of title 49, United States Code, is amended by inserting "household goods" before "freight forwarders". (c) REPORTS AND RECORDS.—Section 11141(1) of title 49, United States Code, is amended by inserting "household goods" before "freight forwarder". SEC. 10. FINANCE. (a) LIMITATION ON OWNERSHIP OF OTHER CARRIERS.—Section 11323

of title 49, United States Code, is amended by inserting "household goods" before "freight forwarder" each place it appears. (b) CONFORMING AMENDMENTS.—(1) The heading of section 11323

of title 49, United States Code, is amended by inserting "household goods" before "freight forwarders". (2) The item relating to section 11323 in the section analysis of chapter 113 of title 49, United States Code, is amended by inserting "household goods" before "freight forwarders". SEC. 11. FEDERAL-STATE RELATIONS. (a) ICC AUTHORITY OVER INTERSTATE TRANSPORTATION.—Section

11501 of title 49, United States Code, is amended— (1) in subsection (a) by striking "carrier" and inserting in lieu thereof "household goods freight forwarder"; and (2) by adding at the end thereof the following new subsection: "(g) PREEMPTION OF STATE REGULATION OF FREIGHT FORWARDERS.— "(1) GENERAL RULE.—Subject to paragraph (2) of this subsec-

tion, no State or political subdivision thereof and no interstate agency or other political agency of two or more States shall enact or enforce any law, rule, regulation, standard, or other provision having the force and effect of law relating to interstate rates, interstate routes, or interstate services of any freight forwarder. "(2) CONTINUATION OF HAWAII'S AUTHORITY.—Nothing in this subsection and the amendments made by the Surface Freight Forwarder Deregulation Act of 1986 shall be construed to affect the authority of the State of Hawaii to continue to regulate a motor carrier operating within the State of Hawaii.".

71-19A 0 - 89 - A: QL. 3 Part4

Hawaii,

�


text:
Page:United States Statutes at Large Volume 100 Part 4.djvu/70

 100 STAT. 2998

PUBLIC LAW 99-521—OCT. 22, 1986 (b)

STATE

AUTHORITY

TO

ENJOIN

ABANDONMENTS.—Section

11505(b) of title 49, United States Code, is amended by inserting "household goods" before "freight forwarder". SEC. 12. ENFORCEMENT: INVESTIGATIONS, RIGHTS, AND REMEDIES.

(a) GENERAL AUTHORITY.—(1) Section 11701(a) of title 49, United States Code, is amended by striking "or broker" each place it appears and inserting in lieu thereof ", broker or freight forwarder". (2) Section 11701(b) of title 49, United States Code, is amended by inserting ", or freight forwarder" before the period at the end of the first sentence. (b) RIGHTS AND REMEDIES OF INJURED PERSONS.—Section 11705

of

title 49, United States Code, is amended— (1) in subsection (a) by inserting "or a freight forwarder" after . ^ "title"; r,„| (2) in subsection (b)(1)— (A) by inserting "or a freight forwarder" after "title" the first place it appears, and (B) by inserting "or the applicable freight forwarder rate, as the case may be" after "title" the second place it appears; and (3) in subsection (b)(3) by inserting "or a freight forwarder" after "title". (c) LIMITATION ON COURT ACTIONS.—Section 11706(a) of title 49, United States Code, is amended— (1) by inserting "or a freight forwarder" after "title"; and • (2) by inserting "or freight forwarder" after "carrier" the ' second place it appears. (d) LIABILITY UNDER RECEIPTS AND BILLS OF LADING.—Section

'11707(a) of title 49, United States Code, is amended— (1) in paragraph (1)— (A) by inserting "and a freight forwarder" after "title" 1-0 B'ii¥.t* the first place it appears, ^niiF 8: (B) by inserting "or freight forwarder" after "carrier" the first place it appears in the second sentence, (C) by inserting ", except in the case of a freight forwarder," after "and" in the third sentence, and '!Oil->?>H- (D) by inserting "or freight forwarder" after "carrier" in the fourth sentence; and (2) in paragraph (2) by striking "subject to this subtitle". (e) PRIVATE ENFORCEMENT OF LICENSES.—(1) Section 11708(a) of

title 49, United States Code, is amended by inserting "household . goods" before "freight forwarder". (2) The heading of section 11708 of title 49, United States Code, is _ amended by inserting "household goods" before "freight forwarder". (3) The item relating to section 11708 in the section analysis of ,' chapter 117 of title 49, United States Code, is amended by inserting "household goods" before "freight forwarder". SEC. 13. CIVIL AND CRIMINAL PENALTIES. (a) ADDITIONAL RATE AND DISCRIMINATION VIOLATIONS.—Section

jte'.v'.si

. 11904(d)(1) of title 49, United States Code, is amended by inserting "household goods" before "freight forwarder" each place it appears. (b) ABANDONMENT OF SERVICE.—(1) Section 11908 of title 49, = United States Code, is amended by inserting "household goods" before "freight forwarder" each place it appears.

�


text:
Page:United States Statutes at Large Volume 100 Part 4.djvu/71

 PUBLIC LAW 99-521—OCT. 22, 1986

100 STAT. 2999

(2) The heading of section 11908 of title 49, United States Code, is amended by inserting "household goods" before "freight forwarder". (3) The item relating to section 11908 in the section analysis of chapter 119 of title 49, United States Code, is amended by inserting "household goods" before "freight forwarder". (c) RECORDKEEPING AND REPORTING VIOLATIONS.—Section 11909(d) of title 49, United States Code, is amended by inserting "household goods" before "freight forwarder" each place it appears. (d) UNLAWFUL DISCLOSURE OF INFORMATION.—Section 11910(a)(4) of title 49, United States Code, is amended by inserting "household goods" before "freight forwarder" each place it appears.

' /-" "

,5,^, /.J ,' ' \f^"'-: • • ' •'

SEC. 14. LIMITATION ON STATUTORY CONSTRUCTION.

49 USC 10101

Nothing in this Act (including any amendment made by this Act) shall be construed to limit or otherwise affect the authority of the Secretary of Transportation to regulate a freight forwarder and the transportation the freight forwarder uses (whether or not such transportation is provided by a carrier subject to the jurisdiction of the Interstate Commerce Commission under chapter 105 of title 49, United States Code). ..,

49 USC 10501 et

SEC. 15. EFFECTIVE DATE.

4?USC 10102

This Act shall take effect sixty days after the date of the enactment of this Act.

"°^-

t Approved October 22, 1986.

J

t'fv

LEGISLATIVE HISTORY—S. 1124: SENATE REPORTS: No. 99-120 (Comm. on Commerce, Science, and Transportation). CONGRESSIONAL RECORD: Vol. 131 (1985): Nov. 4, considered and passed Senate. Vol. 132 (1986): Sept. 30, considered and passed House, amended. Oct. 8, Senate concurred in House amendment.

�


text:
Page:United States Statutes at Large Volume 100 Part 4.djvu/72

 100 STAT. 3000

PUBLIC LAW 99-522—OCT. 22, 1986

Public Law 99-522 99th Congress An Act Oct. 22, 1986 [S. 2266] National Forest Ski Area Permit Act of 1986. National Forest System. 16 USC 497b note. 16 USC 497b note. ,,„.„

16 USC 497b.

To establish a ski area permit system on national forest lands, 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 "National Forest Ski Area Permit Act of 1986". SEC. 2. PURPOSES.

The purposes of this Act are to— (a) provide a unified and modern permitting process for nordic and alpine ski areas on national forest lands; 0)) provide for ski area permits which more closely reflect the acreage and other physical requirements of modern ski area development; and '^ * (c) provide a permit system which will be more commensurate with the long-term construction, financing, and operation needs of ski areas on national forest lands. SEC. 3. SKI AREA PERMITS.

(a) LAW APPLICABLE TO PERMITS.—The provisions of the Act of March 4, 1915 (16 U.S.C. 497) notwithstanding, the term and acreage of permits for the operation of nordic and alpine ski areas and facilities on National Forest System lands shall henceforth be governed by this Act and other applicable law. (b) AUTHORITY.—The Secretary of Agriculture (hereinafter referred to as "the Secretary") is authorized to issue permits (hereinafter referred to as "ski area permits") for the use and occupancy of suitable lands within the National Forest System for nordic and alpine skiing operations and purposes. A ski area permit— (1) may be issued for a term not to exceed 40 years; (2) shall ordinarily be issued for a term of 40 years (unless the Secretary determines that the facilities or operations are of a scale or nature as are not likely to require long-term financing or operation), or that there are public policy reasons specific to a particular permit for a shorter term; (3) shall encompass such acreage as the Secretary determines sufficient and appropriate to accommodate the permittee's needs for ski operations and appropriate ancillary facilities; (4) may be renewed at the discretion of the Secretary; (5) may be cancelled by the Secretary in whole or in part for any violation of the permit terms or conditions, for nonpayment of permit fees, or upon the determination by the Secretary in his planning for the uses of the national forests that the permitted area is needed for higher public purposes; (6) may be modified from time to time by the Secretary to accommodate changes in plans or operations in accordance with the provisions of applicable law;

-! fr • I

�


text:
Page:United States Statutes at Large Volume 100 Part 4.djvu/73

 PUBLIC LAW 99-522—OCT. 22, 1986

100 STAT. 3001

(7) shall be subject to such reasonable terms and conditions as the Secretary deems appropriate; and (8) shall be subject to a permit fee based on fair market value in accordance with applicable law. (c) RULES AND REGULATIONS.—Within one year after the date of enactment of this Act, the Secretary shall promulgate rules and ^ regulations to implement the provisions of this Act, and shall, to the extent practicable and with the consent of existing permit holders, convert all existing ski area permits or leases on National Forest System lands into ski area permits which conform to the provisions of this Act within 3 years of the date of enactment of this Act. (d) Nothing in this Act shall be deemed to amend, modify or otherwise affect the Secretary's duties under the National Environmental Policy Act, or the Forest and Rangelands Renewable 42 USC 4321 Resources Planning Act as amended by the National Forest note. Management Act, including his duties to involve the public in his 16 USC 1600 decisionmaking and planning for the national forests. note. Approved October 22, 1986.

.i^i^;

i''

•!--'

LEGISLATIVE HISTORY—S. 2266: SENATE REPORTS: No. 99-449 (Comm. on Energy and Natural Resources). CONGRESSIONAL RECORD, Vol. 132 (1986): Oct. 9, considered and passed Senate. Oct. 10, considered and passed House.

�


text:
Page:United States Statutes at Large Volume 100 Part 4.djvu/74

 100 STAT. 3002

PUBLIC LAW 99-523—OCT. 22, 1986

Public Law 99-523 99th Congress

_ Joint Resolution

Oct. 22, 1986 [S.J. Res. 169]

?' ' V ' J S ^

,,.;., \

'-,-.

To commemorate the bicentennial anniversary of the first patent and the first copyright laws.

Whereas the Constitution empowers Congress "To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries"; Whereas the enforcement of this constitutional principle through specific patent and copyright laws merits special recognition; Whereas the first patent bill signed into law on April 10, 1790, and the first copyright bill was signed into law on May 31, 1790, and we will recognize the bicentennial anniversary of these laws in 1990: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That special recognition be given during 1990, the bicentennial year of the first patent and the first copyright laws, and the President is authorized and requested to issue a proclamation upon the enactment of this joint resolution calling upon the people of the United States to foster such recognition through appropriate educational and cultural programs and activities. Approved October 22, 1986.

LEGISLATIVE HISTORY—S.J. Res. 169: CONGRESSIONAL RECORD, Vol. 132 (1986): June 10, considered and passed Senate. Oct. 10, considered and passed House.

�


text:
Page:United States Statutes at Large Volume 100 Part 4.djvu/75

 PUBLIC LAW 99-524—OCT. 22, 1986 Public Law 99-524 99th Congress

100 STAT. 3003

ev-. ^. i ,; >' ' i o'- A,. Joint Resolution

To designate the week of December 7, 1986, through December 13, 1986, as "National Alopecia Areata Awareness Week".

Whereas alopecia areata is a serious disease affecting approximately two million people; Whereas alopecia areata, which usually afflicts children and young adults, causes severe and often permanent hair loss; Whereas the coordinated efforts of support groups in forty-two States have helped thousands of people cope with the physical and emotional problems caused by alopecia areata; Whereas much of the trauma associated with alopecia areata could be reduced through greater public awareness, understanding, and education; and Whereas the cause of alopecia areata is unknown, and promising research efforts to find a cure for the disease should be promoted: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the week of December 7, 1986, through December 13, 1986, is designated as "National Alopecia Areata Awareness Week" and the President is authorized and requested to issue a proclamation calling upon the people of the United States to observe such week with appropriate ceremonies and activities. Approved October 22, 1986. ' - o."3u tM^/oigaii

LEGISLATIVE HISTORY—S.J. Res. 299: CONGRESSIONAL RECORD, Vol. 132 (1986): Sept. 12, considered and passed Senate. Oct. 10, considered and passed House.

Oct. 22, 1986 [S.J. Res. 299]

�


text:
Page:United States Statutes at Large Volume 100 Part 4.djvu/76

 100 STAT. 3004

PUBLIC LAW 99-525—OCT. 22, 1986

Public Law 99-525 99th Congress

,,. •-., ^y, ^., -r. * Joint Resolution

Oct. 22, 1986 [S.J. Res. 304]

To designate the week of November 16, 1986, through November 22, 1986, as "National Arts Week".

Whereas the performing arts, the visual arts, and literature are central to human expression; Whereas our identity as a people and as a Nation is expressed through the arts; Whereas support of the arts has been a partnership of Federal, State, and local government entities, business, and individuals; Whereas a congressionally declared National Arts Week provides a focal point to celebrate the diverse cultural heritage of the United States and the vitality of contemporary writers, artists, and performers; and Whereas a congressionally proclaimed National Arts Week brings together the public and private sectors to restate support of the arts: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the week of November 16, 1986, through November 22, 1986, is designated as "National Arts Week" and the President is authorized and requested to issue a proclamation calling upon the citizens of the United States to observe such week with appropriate programs and activities. Approved October 22, 1986.

LEGISLATIVE HISTORY—S.J. Res. 304: CONGRESSIONAL RECORD, Vol. 132 (1986): June 10, considered and passed Senate. Oct. 10, considered and passed House.

v ^

�


text:
Page:United States Statutes at Large Volume 100 Part 4.djvu/77

 PUBLIC LAW 99-526—OCT. 22, 1986 Public Law 99-526 99th Congress

100 STAT. 3005 t

.

..

Joint Resolution To designate the week beginning November 23, 1986, as "National Adoption Week".

Whereas the week of November 23 has been commemorated as "National Adoption Week" for the past ten years; Whereas we in Congress recognize the essential value of belonging to a secure, loving permanent family as every child's basic right; Whereas approximately fifty thousand children who have special needs—school age, in sibling groups, members of minorities, or children with physical, mental, and emotional handicaps—are now in foster care or institutions financed at public expense and are legally free for adoption; Whereas the adoption by capable parents of these institutionalized or foster care children into permanent, adoptive homes would insure the opportunity for their continued happiness and longrange well-being; Whereas public and private barriers inhibiting the placement of these special needs children must be reviewed and removed where possible to assure these children's adoption; Whereas the public and prospective parents must be informed of the availability of adoptive children; Whereas a variety of media, agencies, adoptive parent and advocacy groups, civic and church groups, businesses, and industries will feature publicity and information to heighten community awareness of the crucial needs of waiting children; and Whereas the recognition of Thanksgiving week as "National Adoption Week" is in the best interest of adoptable children and the public in general: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the week of November 23 through November 29, 1986, hereby is designated "National Adoption Week", and the President of the United States is authorized and requested to issue a proclamation calling upon the

Oct. 22, 1986 [S.J. Res. 306]

�


text:
Page:United States Statutes at Large Volume 100 Part 4.djvu/78

 100 STAT. 3006

PUBLIC LAW 99-526—OCT. 22, 1986

people of the United States to observe such week with appropriate ceremonies and activities. Approved October 22, 1986. f\

i*.-

iB->V.,'.tj t^

bai

••'.H

•'.»

LEGISLATIVE HISTORY—S.J. Res. 306: CONGRESSIONAL RECORD, Vol. 132 (1986): Apr. 11, considered and passed Senate. Oct. 10, considered and passed House.

�


text:
Page:United States Statutes at Large Volume 100 Part 4.djvu/79

 PUBLIC LAW 99-527—OCT. 22, 1986 Public Law 99-527 99th Congress

100 STAT. 3007

^ ^ Joint Resolution

Designating the week beginning November 9, 1986, as "National Women Veterans Recognition Week".

Whereas there are more than one million one hundred and eighty thousand women veterans in this country, representing 4.2 per centum of the total veteran population; Whereas the number and proportion of women veterans will continue to grow as the number and proportion of women serving in the Armed Forces continue to increase; Whereas women veterans through honorable military service often involving hardship and danger have contributed greatly to our national security; Whereas the contributions and sacrifices of women veterans on behalf of this Nation deserve greater public recognition and appreciation; Whereas the special needs of women veterans, especially in the area of health care, have often been overlooked or inadequately addressed by the Federal Government; Whereas this lack of attention to the special needs of women veterans heis discouraged or prevented women veterans from taking full advantage of the benefits and services to which they are entitled as veterans of the United States Armed Forces; and Whereas recognition of women veterans by the Congress and the President through enactment of legislation declaring the week beginning on November 9, 1986, as "National Women Veterans Recognition Week" would serve to create greater public awareness and recognition of the contributions of women veterans, to express the Nation's appreciation for their service, to inspire more responsive care and services for women veterans and to continue and reinforce important gains made in this regard in the last two years as a result of the designation of the first and second National Women Veterans Recognition Weeks in November of 1984 and 1985: Now, therefore, be it

Oct. 22, 1986 [S.J. Res. 311]

�


text:
Page:United States Statutes at Large Volume 100 Part 4.djvu/80

 100 STAT. 3008

PUBLIC LAW 99-527—OCT. 22, 1986

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the week beginning on November 9, 1986, is designated "National Women Veterans Recognition Week". The President is requested to issue a proclamation calling upon all citizens, community leaders, interested organizations, and Government officials to observe that week with appropriate programs, ceremonies, and activities. Approved October 22, 1986.

•• • '

'^': .t'.\)

^f.^.'''"

• " 5 L _•»'>.,

'•^i*-'

".''••3 /

-!^ -

• •,,

'-?j< •

-

<"j,>

. '}'•

J'-t.''

•.

•'l--".-

•

•

I

,•..-».. 1 ">.:'

H '•' 'J-'
 * ,"5

^

"-X' • '...'• 'A."

O" i

LEGISLATIVE HISTORY—S.J. Res. 311: CONGRESSIONAL RECORD, Vol. 132 (1986): June 13, considered and passed Senate. Oct. 10, considered and passed House.

�


text:
Page:United States Statutes at Large Volume 100 Part 4.djvu/81

 PUBLIC LAW 99-528—OCT. 22, 1986 Public Law 99-528 99th Congress

100 STAT. 3009 •

Joint Resolution To designate the week of October 26, 1986, through November 1, 1986, as "National Adult Immunization Awareness Week".

Whereas influenza and pneumonia are among the top killers of American adults, especially elderly Americans; Whereas fewer than 12 percent of the adult population is adequately protected against these diseases or against other highly infectious diseases including measles, rubella, diphtheria, and hepatitis B; Whereas less than half of Americans over 60 are inoculated against the deadly tetanus toxoid; Whereas the lives of tens of thousands of American adults could be spared this year simply by taking vaccines that are approved as safe and effective by the United States Food and Drug Administration and are readily available to the public; and Whereas the Surgeon General of the Public Health Service has repeatedly called on this Nation to prevent the massive costs of health care through a program of preventive health care, of which a major role is played by inoculation against infectious diseases: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the week of October 26, 1986, through November 1, 1986, is designated as "National Adult Immunization Awareness Week". The President of the United States is authorized and requested to issue a proclamation calling upon the people of the United States to observe such week with appropriate ceremonies and activities. Approved October 22, 1986.

,:>jig

LEGISLATIVE HISTORY—S.J. Res. 396: CONGRESSIONAL RECORD, Vol. 132 (1986): Sept. 24, considered and passed Senate. Oct. 10, considered and passed House.

Oct. 22, 1986 [S.J. Res. 396]

.,

,^:, -\\

- - '',,;^t

�


text:
Page:United States Statutes at Large Volume 100 Part 4.djvu/82

 100 STAT. 3010

PUBLIC LAW 99-529—OCT. 24, 1986

Public Law 99-529 99th Congress An Act Oct. 24, 1986 [S. 1917]

To promote immunization and oral rehydration in developing countries, to promote democracy in Haiti, to protect tropical forests and biological diversity in developing countries, to «iuthorize increased funding for the Child Survival Fund and for international narcotics control assistance, and for other purposes.

Special Foreign Assistance Act of 1986. 22 USC 2151 note.

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 "Special Foreign Assistance Act of 1986". TITLE I—PROMOTING IMMUNIZATION AND ORAL REHYDRATION IN DEVELOPING COUNTRIES SEC. 101. FINDINGS.

'

The Congress finds that— (1) the United Nations Children's Fund (UNICEF) reports that 3.5 million children die annually because they have not been immunized against the six major childhood diseases: polio, .j_, measles, whooping cough, diphtheria, tetanus, and tuberculosis; " (2) at present less than 20 percent of children in the developing world are fully immunized against these diseases; (3) each year more than five million additional children are permanently disabled and suffer diminished capacities to contribute to the economic, social, and political development of their countries because they have not been immunized; (4) ten million additional childhood deaths from immunizable and potentially immunizable diseases could be averted annually by the development of techniques in biotechnology for new and cost-effective vaccines; (5) the World Health Assembly, the Executive Board of the United Nations Children's Fund, and the United Nations (General Assembly are calling upon the nations of the world to commit the resources necessary to meet the challenge of universal access to childhood immunization by 1990; (6) at the 1984 "Bellagio Conference' it was determined that the goal of universal childhood immunization by 1990 is indeed achievable; and (7) the Congress has expressed its expectation that the Agency for International Development will set as a goal the immunization by 1990 of at least 80 percent of all the children in those countries in which the Agency has a program. SEC. 102. UNITED STATES PARTICIPATION IN GLOBAL EFFORT. President of U.S.

(a) UNITED STATES GOVERNMENT SUPPORT.—The Congress calls upon the President to direct the Agency for International Development, working through the Centers for Disease Control and other appropriate Federal agencies, to work in a global effort to provide enhanced support toward achieving the goal of universal access to childhood immunization by 1990 by—

�


text:
Page:United States Statutes at Large Volume 100 Part 4.djvu/83

 PUBLIC LAW 99-529—OCT. 24, 1986

100 STAT. 3011

(1) assisting in the delivery, distribution, and use of vaccines, including— (A) the building of locally sustainable systems and technical capacities in developing countries to reach, by the alii • appropriate age, not less than 80 percent of their annually '" projected target population with the full schedule of re'^ quired immunizations; and c (B) the development of a sufficient network of indigenous '* professionals and institutions with responsibility for devel*'•' oping, monitoring, and assessing immunization programs and continually adapting strategies to reach the goal of ' preventing immunizable diseases; and f (2) performing, supporting, and encouraging research and development activities, both in the public and private sector, that will be targeted at developing new vaccines and at modifying and improving existing vaccines to make them more appropriate for use in developing countries, (b) PRIVATE SECTOR SUPPORT.—In support of this global effort, the President should appeal to the people of the United States and the United States private sector to support public and private efforts to provide the resources necessary to achieve universal access to childhood immunization by 1990. SEC. 103. FUNDING LEVELS.

President of U.S.

22 USC 2151b.

(a) EARMARKING.—Section 104(c)(3) of the Foreign Assistance Act of 1961 is amended by adding at the end thereof the following: "Of the aggregate amounts made available for fiscal year 1987 to carry out paragraph (2) of this subsection (relating to the Child Survival Fund) and to carry out subsection (c) (relating to development assistance for health), $50,000,000 shall be used to carry out this paragraph.". (b) AUTHORIZATION LEVEL FOR CHILD SURVIVAL FUND.—Section

104(c)(2)(B) of that Act is amended by striking out "$25,000,000 for fiscal year 1987" and inserting in lieu thereof "$75,000,000 for fiscal year 1987". .:.

TITLE II—PROMOTING DEMOCRACY IN HAITI

»

SEC. 201. FINDINGS CONCERNING HAITI.

i i K

t 'i

The Congress finds that— (1) the establishment of an interim government in Haiti committed to a restoration of democracy provides Haiti with an opportunity to build the political, social, and economic institutions necessary to promote Haiti's development, to provide a better future for the people of Haiti, and to provide the framework for more effective mutual cooperation with the United States, Haiti's neighbor in the Caribbean, and the other nations of the Hemisphere; (2) the magnitude of the political, economic, and social tasks facing the people of Haiti will make the achievement of a better future a difficult task which will require a determined and sustained effort by the Haitian people over a long period of time and will require significant external assistance from the United States and other donors; and (3) it is in the interest of the United States to provide appropriate support for the development of Haiti, a close neighbor

.a*tSi,Ti

tiL,l-.-~.:>i

.WHil.liSXj

�


text:
Page:United States Statutes at Large Volume 100 Part 4.djvu/84

 100 STAT. 3012

PUBLIC LAW 99-529—OCT. 24, 1986

,6f- which is one of the world's poorest nations and which is committed to the establishment of a democratic government. SEC. 202. ECONOMIC ASSISTANCE FOR HAITI.

22 USC 2151a, 2151d. 22 USC 2346. 7 USC 1701, 1721.

22 USC 2151a-2151d.

(a) EARMARKING OF FUNDS.—Not less than $108,000,000 of the aggregate amounts available for fiscal year 1987 to carry out sections 103 through 106 of the Foreign Assistance Act of 1961 (relating to development assistance), chapter 4 of part II of that Act (relating to the Economic Support Fund), and titles I and II of the Agricultural Trade Development and Assistance Act of 1954 (relating to the Food for Peace Program) shall be available only for Haiti. (b) USE OF DEVELOPMENT ASSISTANCE.—Assistance under sections 103 through 106 of the Foreign Assistance Act of 1961 which is provided for Haiti pursuant to subsection (a) shall be used to support a transition to democracy in Haiti, emphasizing foreign investment, job creation (especially in the private sector), rural development, health care and sanitation, small-scale irrigation, reforestation and land conservation, and literacy education. Such assistance should reflect the need to distribute development assistance resources more equitably among the various regions in Haiti in order to support sustainable development in all of Haiti. (c) REQUIREMENT FOR SEGREGATED ACCOUNT FOR ECONOMIC SUPPORT ASSISTANCE FUNDS PAID TO GOVERNMENT OF HAITI.—Funds

itiii'D^jm

under chapter 4 of part II of the Foreign Assistance Act of 1961 which are made available for Haiti pursuant to subsection (a) may be paid to the Government of Haiti only if the Government of Haiti will maintain those funds in a separate account and not commingle them with other funds. (d) CONDITIONS ON ECONOMIC SUPPORT AND DEVELOPMENT ASSIST-

Human rights.

22 USC 290f.

ANCE.—Funds may be obligated for assistance for Haiti under sections 103 through 106 of chapter 4 of part II of the Foreign Assistance Act of 1961 pursuant to subsection (a) only if the President determines that the interim Government of Haiti— 1^..,- (1) is improving the human rights situation in Haiti; (2) is implementing its timetable for completion of a new constitution that promotes genuine democratic reforms and guarantees the fundamental principles of democracy; (3) is establishing a framework for free and open elections leading to a democratically-elected civilian government, which would include free and functioning political parties and associations, free labor unions, and freedom of the press; (4) is cooperating fully in implementing United States development, food, and other economic sissistance programs in Haiti (including programs for prior fiscal years); (5) is maintaining a system of fiscal accountability to ensure that all resources allocated to the development of Haiti are used in the most effective and efficient manner; (6) is continuing its investigation of alleged human rights abuses and corruption by the Duvalier government and is prosecuting, in accordance with due process, those responsible for human rights abuses and corruption; (7) is maintaining a free and independent judiciary system; (8) is continuing to cooperate with the United States in halting illegal emigration to the United States from Haiti; and (9) is encouraging private sector development. (e) INTER-AMERICAN FOUNDATION.—Section 401(s)(2) of the Foreign

Assistance Act of 1969 is amended by striking out "$11,969,000 for

�


text:
Page:United States Statutes at Large Volume 100 Part 4.djvu/85

 PUBLIC LAW 99-529—OCT. 24, 1986

100 STAT. 3013

fiscal year 1987" and inserting in lieu thereof "$12,969,000 for fiscal year 1987 (not less than $1,000,000 of which shall be for Haiti)", (f)

ADDITIONAL ASSISTANCE FOR ECONOMIC DEVELOPMENT IN

HAITI.—In order to assist economic development in Haiti, a Foreign Commercial Service officer should be assigned to the United States Embassy in Haiti. SEC. 203. MILITARY TRAINING AND OTHER NONLETHAL ASSISTANCE FOR HAITI.

(a) AUTHORIZATION OF ASSISTANCE.—Up to $4,000,000 of the aggregate amounts available for fisceil year 1987 to carry out chapter 2 of part II of the Foreign Assistance Act of 1961 (relating to grant 22 USC 2347. military gissistance), chapter 5 of part II of that Act (relating to international military education and training), and the Arms Export Control Act (relating to FMS assistance) may be made 22 USC 2751. available for Haiti for education, training, and other nonlethal assistance (such as transportation equipment, communications equipment, and uniforms). (b) CONDITIONS ON MILITARY ASSISTANCE.—Funds made available Human rights. pursuant to subsection (a) may be obligated only if the President certifies to the Congress the following: (1) The Government of Haiti has submitted a formgd request to the United States specifying a comprehensive plan for the reform and reorganization of the mission, command, and control structures of the Haitian armed forces consistent with a transition to democracy, the rule of law, constitutional government, and an elected civilian government. Such a plan should include a publicly announced commitment by the armed forces of Haiti to abide by international human rights standards and adoption of a code of conduct to assure adherence to these standards. (2) The Government of Haiti is making substantial efforts— (A) to prevent the involvement of the Haitian armed forces in human rights abuses and corruption by removing from those forces and prosecuting, in accordance with due process, those military personnel responsible for the human " • rights abuses and corruption; (B) to ensure that freedom of speech and assembly are respected; (C) to conduct investigations into the killings of unarmed civilians in Gonaives, Martissant, and Fort Dimanche, to Stts"! ':c J O, c prosecute, in accordance with due process, those responsible for those killings, and to prevent any similar occurrences in the future; ti«w (D) to provide education and training to the Haitian Education. armed forces with respect to internationaly recognized human rights and the civil and political rights essential to democracy, in order to enable those forces to function consistent with those rights; and (E) to take steps to implement the policy of the Government of Haiti requiring former members of the Volunteers for National Security (VSN) to turn in their weapons and to take the necessary actions to enforce this requirement. (c) REPORTS.—Not later than three months after the President President of U.S. submits his certification under subsection (b) and every three months thereafter, the President shall report to the Congress on the extent to which the actions of the Government of Haiti are consist-

�


text:
Page:United States Statutes at Large Volume 100 Part 4.djvu/86

 100 STAT. 3014

 * tiv

99 Stat. 241.

PUBLIC LAW 99-529—OCT. 24, 1986

ent with each of the objectives specified in subsection (b). Half of the assistance provided pursuant to subsection (a) shall be withheld from delivery until the President submits the first such report. (d) NOTIFICATION TO CONGRESS.—Funds made available pursuant to subsection (a) may be obligated only if the Committee on Appropriations and the Committee on Foreign Affairs of the House of Representatives and the Committee on Appropriations and the Committee on Foreign Relations of the Senate are notified fifteen days in advance. (e) RELATION TO EXISTING PROVISION.—Assistance under subsection (a) may be provided notwithstanding the limitations contained in section 705(e) of the International Security and Development Cooperation Act of 1985 and is in addition to the assistance allowed under that section. SEC. 204. RECOVERY BY HAITI OF ASSETS STOLEN BY DUVALIER REGIME.

j? a;;iifiBy.aH

50 USC 1702.

50 USC 1701.

(a) FINDINGS.—The Congress finds that— (1) the Government of Haiti believes that former presidentfor-life Jean Claude Duvalier and other individuals associated with the Duvalier regime illegally diverted to their own use substantial amounts of the assets of the Government of Haiti; (2) the Government of Haiti is attempting to locate and recover those assets through legal means; (3) virtually every relevant jurisdiction, both in the United States and abroad, requires the posting of some form of security to secure the issuance of orders of attachment or other judicial seizures of property; (4) the Government of Haiti is unable, without outside assistance, to post the necessary security because of its lack of assets; (5) Haiti's economic situation could be significantly improved, and the need for external resources reduced, if the Government of Haiti is able to pursue its legal remedies against those who are in large part responsible for the economic crisis in Haiti; and (6) the United States has a substantial foreign policy interest in helping the Government of Haiti recover any assets which were illegally diverted by those associated with the Duvalier r^ime. (b) ACTIONS TO ASSIST HAITI.—The President shall exercise the authorities granted by section 203 of the International Emergency Economic Powers Act (50 U.S.C. App. 1702) to assist the Government of Haiti in its efforts to recover, through legal proceedings, assets which the Government of Haiti alleges were stolen by former president-for-life Jean Claude Duvalier and other individuals associated with the Duvalier regime. This subsection shall be deemed to satisfy the requirements of section 202 of that Act. TITLE ni—PROTECTING TROPICAL FORESTS AND BIOLOGICAL DIVERSITY IN DEVELOPING COUNTRIES SEC. 301. PROTECTING TROPICAL FORESTS.

22 USC 2i5ip.

Chapter 1 of part I of the Foreign Assistance Act of 1961 is amended— (1) by redesignating section 118 as section 117; ira (2) by striking out subsection (d) of that section; and (3) by inserting after that section the following new section 118:

-,,.,.,....

,.. _.„

 * „....,_,..:,.....,„ _... „..

...__

�


text:
Page:United States Statutes at Large Volume 100 Part 4.djvu/87

 PUBLIC LAW 99-529—OCT. 24, 1986

100 STAT. 3015

"SEC. 118. TROPICAL FORESTS.

"(a) IMPORTANCE OF FORESTS AND TREE COVER.—In enacting section 103(b)(3) of this Act the Congress recognized the importance of forests and tree cover to the developing countries. The Congress is particularly concerned about the continuing and accelerating alteration, destruction, and loss of tropical forests in developing countries, which pose a serious threat to development and the environment. Tropical forest destruction and loss— "(1) result in shortages of wood, especially wood for fuel; loss of biologically productive wetlands; siltation of lakes, reservoirs, and irrigation systems; floods; destruction of indigenous peoples; extinction of plant and animal species; reduced capacity for food production; and loss of genetic resources; and "(2) can result in desertification and destabilization of the earth's climate. Properly managed tropical forests provide a sustained flow of resources essential to the economic growth of developing countries, as well as genetic resources of value to developed and developing countries alike. "(b) PRIORITIES.—The concerns expressed in subsection (a) gmd the recommendations of the United States Intergigency Task Force on Tropical Forests shall be given high priority by the President— "(1) in formulating and carrying out programs and policies with respect to developing countries, including those relating to bilateral and multilateral assistance and those relating to private sector activities; and "(2) in seeking opportunities to coordinate public and private development and investment activities which affect forests in developing countries. "(c) ASSISTANCE TO DEVELOPING COUNTRIES.—In providing assist-

ance to developing countries, the President shall do the following: "(1) Place a high priority on conservation and sustainable management of tropical forests. "(2) To the fullest extent feasible, engage in dialogues and exchanges of information with recipient countries— "(A) which stress the importance of conserving and sustainably managing forest resources for the long-term /. economic benefit of those countries, as well as the irreversible losses associated with forest destruction, and "(B) which identify and focus on policies of those countries which directly or indirectly contribute to deforestation. "(3) To the fullest extent feasible, support projects and activities— "(A) which offer employment and income alternatives to those who otherwise would cause destruction and loss of forests, and "(B) which help developing countries identify and implement alternatives to colonizing forested areas. "(4) To the fullest extent feasible, support training programs, educational efforts, and the establishment or strengthening of institutions which increase the capacity of developing countries to formulate forest policies, engage in relevant land-use planning, and otherwise improve the management of their forests. "(5) To the fullest extent feasible, help end destructive slashand-burn agriculture by supporting stable and productive farm-

22 USC 2151p-l.

,^, .^

President of U.S.

�


text:
Page:United States Statutes at Large Volume 100 Part 4.djvu/88

 100 STAT. 3016

Research and development.

PUBLIC LAW 99-529—OCT. 24, 1986

ing practices in areas already cleared or degraded and on lands which inevitably will be settled, with special emphasis on demonstrating the feasibility of agroforestry and other techniques which use technologies and methods suited to the local environment and traditional agricultural techniques and feature close consultation with and involvement of local people. "(6) To the fullest extent feasible, help conserve forests which have not yet been degraded, by helping to increase production on lands already cleared or degraded through support of reforestation, fuelwood, and other sustainable forestry projects and practices, making sure that local people are involved at all stages of project design and implementation. "(7) To the fullest extent feasible, support projects and other activities to conserve forested watersheds and rehabilitate those which have been deforested, making sure that local people are involved at all stages of project design and implementation. "(8) To the fullest extent feasible, support training, research, and other actions which lead to sustainable and more environmentally sound practices for timber harvesting, removal, and processing, including reforestation, soil conservation, and other activities to rehabilitate degraded forest lands. "(9) To the fullest extent feasible, support research to expand knowledge of tropical forests and identify alternatives which will prevent forest destruction, loss, or degradation, including research in agroforestry, sustainable management of natural forests, small-scale farms and gardens, small-scale animal husbandry, wider application of adopted traditional practices, and suitable crops and crop combinations. "(10) To the fullest extent feasible, conserve biological diversity in forest areas by— "(A) supporting and cooperating with United States Government agencies, other donors (both bilateral and multilateral), and other appropriate governmental, intergovernmental, and nongovernmental organizations in ef•ha forts to identify, establish, and maintain a representative network of protected tropical forest ecosystems on a worldwide basis; "(B) whenever appropriate, making the establishment of protected areas a condition of support for activities involving forest clearance or degradation; and -l»-? (C) helping developing countries identify tropical forest ecosystems and species in need of protection and establish and maintain appropriate protected areas. isfii "(11) To the fullest extent feasible, engage in efforts to increase the awareness of United States Government agencies and other donors, both bilateral and multilateral, of the immediate and long-term value of tropical forests. "(12) To the fullest extent feasible, utilize the resources and abilities of all relevant United States Government agencies. "(13) Require that any program or project under this chapter significantly affecting tropical forests (including projects involving the planting of exotic plant species)— "(A) be based upon careful analysis of the alternatives available to achieve the best sustainable use of the land, and "(B) take full account of the environmental impacts of the proposed activities on biological diversity, « >, M« /»y,

�


text:
Page:United States Statutes at Large Volume 100 Part 4.djvu/89

 PUBLIC LAW 99-529—OCT. 24, 1986

100 STAT. 3017

as provided for in the environmental procedures of the Agency for International Development. "(14) Deny assistance under this chapter for— "(A) the procurement or use of logging equipment, unless an environmental assessment indicates that all timber harvesting operations involved will be conducted in an ,, environmentally sound msuiner which minimizes forest ' destruction and that the proposed activity will produce positive economic benefits and sustainable forest management systems; and ! ^ "(B) actions which significantly degrade national parks or " similar protected areas which contain tropical forests or introduce exotic plants or animals into such areas. "(15) Deny assistance under this chapter for the following activities unless an environmental assessment indicates that the proposed activity will contribute significantly and directly to improving the livelihood of the rural poor and will be conducted in an environmentally sound manner which supports sustainable development: "(A) Activities which would result in the conversion of forest lands to the rearing of livestock. "(B) The construction, upgrading, or maintenance of .. J, roads (including temporary haul roads for logging or other extractive industries) which pass through relatively ,>.: -^ undegraded forest lands. "(C) The colonization of forest lands. "(D) The construction of dams or other water control structures which flood relatively undegraded forest lands. "(d) PVOs AND OTHER NONGOVERNMENTAL ORGANIZATIONS.— Whenever feasible, the President shall accomplish the objectives of this section through projects managed by private and voluntary organizations or international, regional, or national nongovernmental organizations which are active in the region or country where the project is located. "(e) COUNTRY ANALYSIS REQUIREMENTS.—Each country development strategy statement or other country plan prepared by the Agency for International Development shall include an analysis of— "(1) the actions necessary in that country to achieve conservation and sustainable management of tropical forests, and "(2) the extent to which the actions proposed for support by the Agency meet the needs thus identified. "(f) ANNUAL REPORT.—Each annual report required by section 634(a) of this Act shall include a report on the implementation of this section.". SEC. 302. PROTECTING BIOLOGICAL DIVERSITY.

Section 119 of the Foreign Assistance Act of 1961 is amended by striking out subsections (c) and (d) and inserting in lieu thereof the following: "(c) FUNDING LEVEL.—For fiscal year 1987, not less than $2,500,000 of the funds available to carry out this part (excluding funds made available to carry out section 104(c)(2), relating to the Child Survival Fund) shall be allocated for assistance pursuant to subsection (b) for activities which were not funded prior to fiscal year 1987. In addition, the Agency for International Development shall, to the fullest extent possible, continue and increase assistance

22 USC 2394. 22 USC 2151q.

22 USC 2l5lb.

�


text:
Page:United States Statutes at Large Volume 100 Part 4.djvu/90

 100 STAT. 3018

.^K^

PUBLIC LAW 99-529—OCT. 24, 1986

pursuant to subsection (b) for activities for which assistance was provided in fiscal years prior to fiscal year 1987. "(d) COUNTRY ANALYSIS REQUIREMENTS.—Each country development strategy statement or other country plan prepared by the Agency for International Development shall include an analysis of^ "(1) the actions necessary in that country to conserve biological diversity, and "(2) the extent to which the actions proposed for support by the Agency meet the needs thus identified. "(e) LOCAL INVOLVEMENT.—To the fullest extent possible, projects supported under this section shall include close consultation with and involvement of local people at all stages of design and implementation. (f) PVOs AND OTHER NONGOVERNMENTAL ORGANIZATIONS.— Whenever feasible, the objectives of this section shall be accomplished through projects managed by appropriate private and voluntary organizations, or international, regional, or national nongovernmental organizations, which are active in the region or country where the project is located. "(g) ACTIONS BY AID.—The Administrator of the Agency for International Development shall— "(1) cooperate with appropriate international organizations, both governmental and nongovernmental; .^, "(2) look to the World Conservation Strategy as an overall "(3) engage in dialogues and exchanges of information with recipient countries which stress the importance of conserving biological diversity for the long-term economic benefit of those countries and which identify and focus on policies of those countries which directly or indirectly contribute to loss of biological diversity; "(4) support training and education efforts which improve the capacity of recipient countries to prevent loss of biological - > diversity; "(5) whenever possible, enter into long-term Eigreements in which the recipient country agrees to protect ecosystems or other wildlife habitats recommended for protection by relevant ' governmental or nongovernmental organizations or as a result -ev of activities undertaken pursuant to paragraph (6), and the United States agrees to provide, subject to obtaining the nepV • essary appropriations, additional assistance necessary for the establishment and maintenance of such protected areas; .si "(6) support, as necessary and in cooperation with the appro14. i priate governmental and nongovernmental organizations, efforts to identify and survey ecosystems in recipient countries worthy of protection; "(7) cooperate with and support the relevant efforts of other ¥»:! agencies of the United States Government, including the United "I* States Fish and Wildlife Service, the National Park Service, the Forest Service, and the Peace Corps; "(8) review the Agency's environmental regulations and revise them as necessary to ensure that ongoing and proposed i actions by the Agency do not inadvertently endanger wildlife species or their critical habitats, harm protected areas, or have other adverse impacts on biological diversity (and shall report to the Congress within a year after the date of enactment of this 5 Ml paragraph on the actions taken pursuant to this paragraph);
 * V
 * guide for actions to conserve biological diversity;

�


text:
Page:United States Statutes at Large Volume 100 Part 4.djvu/91

 PUBLIC LAW 99-529—OCT. 24, 1986

100 STAT. 3019

"(9) ensure that environmental profiles sponsored by the Agency include information needed for conservation of biological diversity; and "(10) deny any direct or indirect assistance under this chapter for actions which significantly degrade national parks or similar protected areas or introduce exotic plants or animals into such areas. "(h) ANNUAL REPORTS.—Each annual report required by section 634(a) of this Act shall include, in a separate volume, a report on the implementation of this section.". TITLE IV—MISCELLANEOUS PROVISIONS RELATING TO CERTAIN FOREIGN ASSISTANCE PROGRAMS SEC. 401. INCREASE AUTHORIZATION FOR INTERNATIONAL NARCOTICS CONTROL PROGRAMS.

22 USC 2291a.

Section 482(a)(1) of the Foreign Assistance Act of 1961 is amended by striking out "$57,529,000 for the fiscal year 1987" and inserting in lieu thereof "$65,445,000 for the fiscal year 1987". SEC. 402. AUTHORIZING A SEPARATE LINE ITEM APPROPRIATION FOR THE INSPECTOR GENERAL OF THE AGENCY FOR INTERNATIONAL DEVELOPMENT.

22 USC 2427.

Section 667(a)(1) of the Foreign Assistance Act of 1961 is amended by inserting after "Act" the following: ", of which $21,750,000 for the fiscal year 1987 is authorized for the necessary operating expenses of the Office of the Inspector General of the Agency for International Development and the remaining amount for the fiscal year is authorized for other necessary operating expenses of that agency". SEC. 403. ADDITIONAL PROVISIONS.

(a) BOARD OF THE INTER-AMERICAN FOUNDATION.—Section 401(g) of the Foreign Assistance Act of 1969 (22 U.S.C. 290f.(g)) is amended by striking out "seven" in the first sentence and "Four" in the second sentence and inserting in lieu thereof "nine" and "Six", respectively. (b) EFFECTIVE DATE.—The amendments made by subsection (a) shall take effect 120 days after the date of enactment of this Act.

22 USC 290f note.

SEC. 404. OFFSETTING REDUCTIONS IN CERTAIN FOREIGN ASSISTANCE PROGRAMS.

In order to provide the increased authorizations of appropriations contained in section 103(b), section 202(e), and section 401 without increasing the overall amount authorized to be appropriated for foreign assistance programs for fiscal year 1987— (1) section 104(g)(1)(B) of the Foreign Assistance Act of 1961 (relating to development assistance for health programs) is amended by striking out "$205,000,000 for fiscal year 1987" and inserting in lieu thereof "$180,000,000 for fiscal year 1987"; and (2) section 302(a)(l) of that Act (relating to international organizations and programs) is amended by striking out "$270,000,000 for fiscal year 1987" and insert in lieu thereof "$236,084,000 for fiscal year 1987".

22 USC 2i5ib.

22 USC 2222.

�