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Page:United States Statutes at Large Volume 100 Part 5.djvu/829

 PUBLIC LAW 99-664—NOV. 17, 1986

Public Law 99-664 99th Congress

100 STAT. 4303

An Act

To provide for a land exchange in the State of Alaska.

Nov. 17, 1986 [H.R. 5730]

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

Exchange Act of 1986. Public lands.

(a) SHORT TITLE.—This Act may be cited as the "Haida Land Exchange Act of 1986". (b) PURPOSE.—The purpose of this Act is to provide an offer for the owners thereof to relinquish and convey voluntarily to the United States certain lands and interests therein as described below and receive in lieu thereof certain Federal lands and money. Congress finds and declares that it is in the public interest to implement the land exchanges and acquisitions set forth herein, in order to carry out the purposes of the Alaska Native Claims Settlement Act and 43 USC 1601 note. the Alaska National Interest Lands Conservation Act. SEC. 2. DEFINITIONS AND MAPS.

16 USC 3101 note.

(a) GENERAL DEFINITIONS.—As used in this Act: (1) The "Alaska Native Claims Settlement Act" means Public Law 92-203, 85 Stat. 688 (December 18, 1971), as amended. (2) The "Alaska National Interest Lands Conservation Act" means Public Law 96-487, 94 Stat. 2371 (December 2, 1980), as amended. (3) The term "Secretary" means the Secretary of Agriculture, unless otherwise specified. (4) The term "Haida Corporation" means the Alaska Native Village Corporation of Hydaburg, Alaska, which was organized pursuant to section 8 of the Alaska Native Claims Settlement Act. 43 USC 1607. (5) The term "Sealaska" means Sealaska Corporation, a Regional Corporation (as such term is defined in section 3(g) of the Alaska Native Claims Settlement Act) existing under the laws of the State 43 USC 1602. of Alaska. (6) The term "Haida Exchange Lands" means those lands and interests therein generally depicted on a map entitled "Haida Exchange Lands" dated August 1986, the surface estate of which was cc-iveyed, subject to valid existing rights and the provisions of the Alaska Native Claims Settlement Act, to Haida Corporation in partial fulfillment of its entitlement under section 16(b) of the Alaska Native Claims Settlement Act. 43 USC 1615. (7) The term "Haida Traditional Use Sites" means those lands and interests therein generally depicted on a map entitled "Haida Traditional Use Sites" dated August 1986, which are presently owned by the United States. (8) The terms "Goat Island" and "South Pass Islands" mean those lands and interests therein generally depicted on a map entitled "Goat Island and South Pass Islands Acquisitions" dated September 1986, the surface estate of which was conveyed, subject to valid existing rights and the provisions of the Alaska Native Claims Settlement Act, to Haida Corporation in partial fulfillment of its

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Page:United States Statutes at Large Volume 100 Part 5.djvu/830

 100 STAT. 4304 43 USC 1615. 43 USC 1601 note.

bn,sl ji_.

16 USC 3101 note.

District of Columbia.

PUBLIC LAW 99-664—NOV. 17, 1986

entitlement under section 16(b) of the Alaska Native Claims Settlement Act, and the subsurface estate to which was conveyed to Sealaska pursuant to the Alaska Native Claims Settlement Act. (9) The term "selection rights" means the combination of Haida Corporation's selection rights under section 16 of the Alaska Native Claims Settlement Act which have not been exercised as of January 1, 1995, plus such acreage of the Haida Exchange Lands owned by Haida Corporation on January 1, 1995. (10) The term "subsurface estate" has the same meaning as such term has when used in the Alaska Native Claims Settlement Act. (11) The term "conservation system unit" has the same meaning as such term has when used in the Alaska National Interest Lands Conservation Act. (12) The term "cooperative information and education branch site" means a tract of land of not to exceed 10 acres as shall be identified, through mutual agreement of the Secretary and Haida Corporation, for location of an affiliated branch of the center described in section 11 of this Act. (b) MAPS.—The maps referred to in this Act shall be on file in the Office of the Chief, United States Forest Service and in the Office of the Secretary of the Interior, Washington, District of Columbia. The acreage cited in this Act is approximate, and in the event of discrepancies between cited acreage and the lands depicted on the referenced maps, the maps shall control, but such maps shall not be construed as an attempt by the United States to convey State or private lands, or as an attempt by Haida Corporation or Sealaska to convey to the United States lands not owned by Haida Corporation or Sealaska. SEC. 3. OFFERS TO HAIDA.

^mDWi

(a) OFFER.—For and in consideration of the relinquishment and conveyance to the United States of all of Haida Corporation's right, title, and interest in 4,222 acres of the Haida Exchange Lands as .tmi • Jh r specified by the Secretary, there are hereby offered to Haida Corporation the following lands and interests in lands: All right, title, and interest of the United States in the surface estate of the Haida Traditional Use Sites. This conveyance shall be subject to valid existing rights and such perpetual easements as identified by the Secretary no later than 120 days after the date of enactment of this Act. (b) OFFER.—For and in consideration of the relinquishment and HB':o<ili i- conveyance to the United States of all Haida Corporation's right, title, and interest in Goat Island, South Pass Islands, and the cooperative information and education branch site, there is offered the sum of $9,000,000 subject to appropriation as authorized by section 9. (c) OFFER.—For and in consideration of the relinquishment and conveyance to the United States of all Haida Corporation's right, title, and interest in up to 667 acres of the Haida Exchange Lands, with the amount of acres to be specified by Haida Corporation at the time of its acceptance, if any, of this offer, there is offered $3,000 per acre subject to appropriation as authorized by section 9. The Secretary shall specify which of the Haida Exchange Lands shall be conveyed to the United States pursuant to this subsection after Haida specifies the number of acres, if any, to be conveyed pursuant to this subsection.

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Page:United States Statutes at Large Volume 100 Part 5.djvu/831

 PUBLIC LAW 99-664—NOV. 17-, 1986

100 STAT. 4305

(d) HAIDA DEADLINE.—Haida Corporation shall have two years from the date of enactment of this Act within which to accept the offers provided in this section by providing to the Secretary a properly executed and certified corporate resolution binding upon the corporation with respect to the relinquishment and conveyance of all of the corporation's right, title, and interest in the lands specified in subsection (a) and/or si^section Qi) and/or subsection (c) of this section. At the Secretary's discretion, the Secretary may require that any such resolution be accompanied by an opinion of counsel to Haida Corporation stating that the resolution comports with all requirements of Federal and State law and the rules and bylaws of the Haida Corporation.

•'^'" '

SEC. 4. OFFERS TO SEALASKA.

(a) ISLAND AREA.—For and in consideration of the relinquishment

to the United States of all of Sealaska's right, title, and interest in Goat Island and South Pass Islands, the cooperative information and education branch site and such other lands of the Haida Exchange Lands as Haida Corporation may relinquish and convey pursuant to subsection 3(c), there is hereby offered to Sealaska, an exchange of lands or interests therein on an equal value basis. (b) OTHER AREAS.—If not later than two years after the date of enactment of this Act, Sealaska notifies the Secretary and the Secretary of the Interior of Sealaska's desire to make an exchange, the Secretary of the Interior shall convey to Sealaska the subsurface estate in lands conveyed to Haida Corporation pursuant to this Act in exchange for the subsurface estate in the Haida Exchange Lands conveyed to the United States by Haida Corporation pursuant to section 3(a). (c) DEADLINE.—Sealaska shall have two years from the date of enactment of this Act within which to accept the offer made by subsection (a) by providing to the Secretary a properly executed and certified corporate resolution binding upon Sealaska with respect to the relinquishment and conveyance of all Sealaska's interest in Goat Island and South Pass Islands, in the cooperative information and education branch site, and in such other lands of the Haida Exchange Lands as Haida Corporation relinquishes and conveys pursuant to section 3(c). At the Secretary's discretion, the Secretary may require that any such resolution be accompanied by an opinion of counsel to Haida Corporation and Sealaska stating that the resolutions comport with all requirements of Federal and State law and the rules and bylaws of the corporations.

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SEC. 5. CONTINGENCY A N D MANAGEMENT.

(a) CONTINGENCY.—In the event that Haida Corporation does not make a timely acceptance of the offers made by section 3, any acceptance by Sealaska shall be ineffective and the United States shall not be bound to acquire any of Sealaska's interests in Goat Island, or South Pass Islands or Haida Exchange Lands. (b) MANAGEMENT.—If they are acquired by the United States National Forest pursuant to this Act, Goat Island and South Pass Islands shall be System. included within the Tongass National Forest, and shall be managed in accordance with laws applicable to the National Forest System and other applicable law. Subject to valid existing rights. Goat Island and South Pass Islands are hereby withdrawn from State selection under the Alaska Statehood Act and from native selection 48 USC note under the Alaska Native Claims Settlement Act. The provisions of PJ^*^; ^l. note.

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Page:United States Statutes at Large Volume 100 Part 5.djvu/832

 100 STAT. 4306 16 USC 3197.

PUBLIC LAW 99-664—NOV. 17, 1986

section 1307(b) of the Alaska National Interest Lands Conservation Act shall apply to Goat Island and South Pass Islands notwithstanding the fact that such areas are not conservation system units. SEC. 6. STATUS OF OFFERS AND CONDITIONS OF CONVEYANCE.

(a) SEVERABILITY.—The offers made in separate sections of this Act to Haida Corporation and to Sealaska respectively are separate, and acceptance of an offer made in one such section does not bind a corporation to accept any offer made in any other section. Claims. 43 USC 1601 note.

(b) TERMS AND CONDITIONS.—Subject to valid existing rights and

any other interests in land protected under Federal law as of the date of interim conveyance of the relevant lands to Haida Corporation pursuant to the Alaska Native Claims Settlement Act where such conveyance accrued prior to the date of enactment of this Act, the conveyance of all lands and interests therein conveyed to the United States from Haida Corporation pursuant to this Act shall be free and clear of the claims of all creditors. No encumbrances on such lands and interests therein created after such interim conveyance which are not subject to the jurisdiction of a United States court as of the date of Haida Corporation's relinquishment and conveyance of lands to the United States pursuant to this Act shall be effective unless such encumbrances are acceptable to the Secretary. The Secretary shall require Sealaska to provide such title as is acceptable to the Secretary with regard to all lands conveyed to the United States by Sealaska. SEC. 7. STATUS OF LANDS CONVEYED.

43 USC 1620. National Forest System.

eiaims.

(a) To CORPORATIONS.—All lands conveyed to Haida Corporation or Sealaska pursuant to this Act shall be considered as lands conveyed pursuant to the Alaska Native Claims Settlement Act. For purposes of section 21(c) of such Act, receipt by Haida Corporation or Sealaska of lands or other things of value pursuant to this Act shall constitute receipt of an interest in land. (b) To UNITED STATES.—All lands conveyed to the United States pursuant to this Act shall be included in the Tongass National Forest and shall be subject to the laws, rules and regulations applicable thereto. Lands and interests therein conveyed to the United States pursuant to this Act shall not be subject to any levy, foreclosure, or any other action which would encumber or divest the United States of any right, title, or interest in such lands. No action may be brought by any party in any United States district court pursuant to title 28, United States Code, section 2409a, to quiet title to such lands. .,.,,,,. j^jf '?' SEC. 8. WITHDRAWALS AND INTERIM MANAGEMENT.

Minerals and mining. Energy.

16 USC 792.

(a) WITHDRAWALS.—Subject to valid existing rights, all lands identified in this Act as available for conveyance to Haida Corporation or Sealaska are withdrawn from all forms of location, entry, and selection under the mining and public land laws of the United States, from leasing under the mineral and geothermal leasing laws, and against issuance of preliminary permits and licenses pursuant to the Federal Power Act. This withdrawal shall expire eighteen months after the date of enactment of this Act. (b) INTERIM MANAGEMENT.—Subject to valid existing rights, during acceptance periods provided in this Act, the Secretary and the Secretary of the Interior shall manage the lands available for conveyance under sections 3 and 4 of this Act so as to maintain their

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Page:United States Statutes at Large Volume 100 Part 5.djvu/833

 PUBLIC LAW 99-664—NOV. 17, 1986

100 STAT. 4307

existing character and resources until conveyed. In the event that Haida Corporation or Sealaska does not maintain the character of the lands proposed for conveyance to the United States pursuant to section 3 or section 4, respectively, pending conveyance of such lands, the United States shall not be obliged to acquire any such lands from a corporation which has not so maintained the character of such lands. (c) SAVINGS PROVISIONS.—Nothing in this Act shall be deemed as a "i^ cloud of title of lands or interests therein owned on the date of enactment of this Act by Haida Corporation or Sealaska. Nothing in this Act shall be construed in any way as affecting the existing ownership or as limiting the use of lands owned by the respective Corporations on the date of enactment of this Act. Nothing in this Act shall be construed to limit the authority of the Secretary to enter into land exchanges pursuant to existing exchange authorities. No action of the Secretary or the Secretary of the Interior in effecting any conveyance of lands or interests therein authorized under this Act shall be deemed a major Federal action for purposes of the National Environmental Policy Act of 1969, nor shall any 42 USC 4321 determination pursuant to section 810 of the Alaska National In- note. terest Lands Conservation Act be required prior to implementation 16 USC 3120 of any provision of this Act. SEC. 9. FUNDING.

There are authorized to be appropriated from the Land and Water Appropriation Conservation Fund up to $11,000,000 to fund payments to Haida authorization. Corporation under section 3. SEC. 10. FUTURE SELECTIONS.

(a) WITHDRAWALS.—(1) On and after the effective date of this section, the Secretary of the Interior, after consultation with the Secretary, the Governor of Alaska, the Haida Corporation, and Sealaska is authorized and directed to withdraw from all forms of entry and appropriation under the public land laws, including the mining, mineral leasing, and geothermal leasing laws. Federal lands in Alaska outside any conservation system unit for selection by Haida Corporation pursuant to this section. The Secretary shall not concur in any withdrawal which would impair the Secretary's ability to manage the Tongass National Forest in accordance with applicable requirements of law. (2) Withdrawals pursuant to this subsection shall be in an aggregate amount equal to twice the acreage of Haida Corporation's selection rights. (3) Lands withdrawn pursuant to this subsection shall be, to the maximum extent possible, lands accessible from the coast which are of like kind and character to those traditionally used and occupied by the shareholders of Haida Corporation and shall be, to the maximum extent possible, capable of utilization for economic return to Haida Corporation. No lands within the National Forest System shall be withdrawn under this subsection without the concurrence of the Secretary. (b) SELECTIONS.—For one year after the completion of withdrawals pursuant to subsection (a) of this section, Haida Corporation shall be entitled but not required to select for conveyance to such corporation from lands withdrawn pursuant to subsection (a) lands not to exceed an amount equal in acreage to Haida Corporation selection rights which as of the date of selection had not been relinquished or

Minerals and mining. Energy. National Forest System.

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Page:United States Statutes at Large Volume 100 Part 5.djvu/834

 PUBLIC LAW 99-664—NOV. 17, 1986

100 STAT. 4308

43 USC 1601 note. Termination date.

disposed of by Haida Corporation. Haida Corporation shall notify the Secretary of the Interior which, if any, of the lands so withdrawn Haida Corporation wishes to select and which such selection rights Haida Corporation intends to relinquish in return for its selections. After their selection, the surface estate in lands selected by Haida Corporation pursuant to this subsection shall be conveyed to Haida Corporation and the subsurface estate in such lands shall be conveyed to Sealaska in partial fulfillment of such corporations' entitlements under the Alaska Native Claims Settlement Act and pursuant to the provisions of that Act. (c) DURATION.—All withdrawals made pursuant to subsection (a) and all withdrawals in aid of Haida Corporation selections made pursuant to the Alaska Native Claims Settlement Act prior to the date of enactment of this Act of land not selected by Haida Corporation shall terminate two years after the last withdrawal is made pursuant to subsection (a). (d) EFFECTIVE DATE.—This section shall take effect on January 1, 1995. SEC. 11. COOPERATIVE INFORMATION AND EDUCATION CENTER.

16 USC 3195 note.

16 USC 3195. eultural programs. National Forest System.

(a) AUTHORIZATION.—There is hereby authorized to be appropriated $250,000 to be used by the Secretary of Agriculture to conduct surveys, develop designs, and carry out other preliminary work related to the establishment of an Information and Education Center provided for in section 1305 of Public Law 96-487. 0?) PURPOSES.—The purposes of the Center authorized by subsection (a) shall be— (1) to collect and disseminate to visitors to and residents of Alaska information about the natural, recreational, cultural, historical, archeological, multiple use, and other resources and values of Alaska, with special emphasis on the Tongass Nation£d Forest and Southeast Alaska and its people; (2) to publicly display temporary and permanent exhibits illustrating and interpreting these resources and values; (3) to foster educational programs relating to the heritage ^ resources of Alaska including those pertaining to Alaska Native peoples with particular emphasis on the Haida, Tshimshian, and Tglingit peoples of Southeast Alaska. (c) DESIGN.—Design of the center in subsection (a) shall be developed in consultation with other appropriate Federal agencies, the Alaska Division of Tourism and other appropriate agencies of the State of Alaska, the local government of the city in which such center is to be located, and southeast Alaska Native organizations. (d) CONSULTATION.—In establishing, operating, and maintaining the center (and any affiliated branches), the Secretary of Agriculture shall consult with, in addition to those listed in subsection (c), Alaska colleges and universities, the National Historic Association of Alaska, the Alaska Federation of Natives, and appropriate individuals and other organizations concerned with the diverse heritage resources of Alaska. (e) COOPERATIVE AGREEMENTS.—The Secretary of Agriculture is

authorized to enter into cooperative agreements with those individuals and organizations listed in subsections (c) and (d) to facilitate carrying out the purposes of the Center.

JS** -i

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Page:United States Statutes at Large Volume 100 Part 5.djvu/835

 PUBLIC LAW 99-664—NOV. 17, 1986

100 STAT. 4309

(f) DEVELOPMENT PLAN.—Within one year after the date of enactment of this Act, and after consultation with the individuals and organizations listed in subsections (c) and (d), the Secretary of Agriculture shall submit to Congress a development plan for the Center along with an estimate of the cost. Approved November 17, 1986.

LEGISLATIVE HISTORY—H.R. 5730: CONGRESSIONAL RECORD, Vol. 132 (1986): Oct. 17, considered and passed House and Senate.

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Page:United States Statutes at Large Volume 100 Part 5.djvu/836

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Page:United States Statutes at Large Volume 100 Part 5.djvu/837

 PRIVATE LAWS SECOND SESSION, NINETY-NINTH CONGRESS

7i-iq4 O - 8q - 28: QL. 3 Part5

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Page:United States Statutes at Large Volume 100 Part 5.djvu/838

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Page:United States Statutes at Large Volume 100 Part 5.djvu/839

 PRIVATE LAW 99-2—MAY 20, 1986

100 STAT. 4313

Private Law 99-1 99th Congress An Act For the relief of Mishleen Earle.

May 15, 1986 [S. 381]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That, in the administration of the Immigration and Nationality Act, Mishleen 8 USC 1101 note. Earle shall be held and considered to have been lawfully admitted to the United States for permanent residence as of the date of the enactment of this Act upon payment of the required visa fee. Upon the granting of permanent residence to such alien as provided for in this Act, the Secretary of State shall instruct the proper officer to reduce by the proper number, during the current fiscal year or the fiscal year next following, the total number of immigrant visas which are made available to natives of the country of the alien's birth under section 203(a) of the Immigration and Nationality Act 8 USC 1153. or, if applicable, the total number of immigrant visas which are made available to natives of the country of the alien's birth under section 202(e) of such Act. 8 USC 1152. Approved May 15, 1986.

Private Law 99-2 99th Congress An Act For the relief of Ms. Chang Ai Bae.

May 20, 1986 [H.R. 737]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, for the purposes of the Immigration and Nationality Act, Ms. Chang Ai Bae 8 USC lioi note. shall be held and considered to have been lawfully admitted to the United States for permanent residence as of the date of the enactment of this Act, upon payment of the required visa fee. Upon the granting of permanent residence to such alien as provided for in this Act, the Secretary of State shall instruct the proper officer to deduct one number from the total number of immigrant visas which are made available to natives of the country of the alien's birth under section 203(a) of the Immigration and Nationality Act or, if ap- 8 USC 1153. plicable, from the total number of such visas which are made available to such natives under section 202(e) of such Act: Provided, 8 USC 1152. That the immigration status authorized under this Act shall only be effective if Ms. Chang Ai Bae applies to the Attorney General for such relief within two years after the date of enactment of this Act. Approved May 20, 1986.

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Page:United States Statutes at Large Volume 100 Part 5.djvu/840

 100 STAT. 4314

PRIVATE LAW 99-3—JUNE 19, 1986

Private Law 99-3 99th Congress

r' \ An Act

June 19, 1986 [S. 1027]

For the relief of Kenneth David Franklin.

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

SECTION 1. WAIVER OF EMPLOYEE STATUS REQUIREMENT FOR DEPOSIT OF RETIREMENT CONTRIBUTIONS.

Notwithstanding the requirement of section 8334(d) of title 5, United States Code, relating to status as an employee, Kenneth David Franklin of Raleigh, North Carolina, or his spouse, may make a deposit under such section. SEC. 2. WAIVER OF TIME LIMITATION FOR CLAIMING DISABILITY RETIREMENT BENEFITS.

An^e, pp. 589, 591-593.

Notwithstanding the time limitation of section 8337(b) of title 5, United States Code, on filing a claim for disability retirement benefits, Kenneth David Franklin may file a claim, after making the deposit allowed in section 1, for disability retirement benefits under subchapter III of chapter 83 of such title. Approved June 19, 1986.

Private Law 99-4 99th Congress An Act Aug. 7, 1986 [H.R. 2991]

p^j. j.j^g ^gjjg^ Q^ gg^ L. Randall.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That Betsy L. Randall is relieved of all liability to repay the United States $523.82. Such amount represents money advanced for relocation travel in anticipation of employment with the Forest Service, Department of Agriculture in 1982, and was advanced pursuant to a properly executed Travel Authorization. In the audit and settlement of the accounts of any certifying or disbursing officer of the United States, credit shall be given for amounts for which liability is relieved by this Act. Approved August 7, 1986.

'''

Private Law 99-5 99th Congress,.

, ^ An Act

Aug. 23, 1986 [H.R. 483]

For the relief of Edwin Marcos Rios (also known as Marcos Edwin Rios) and Geovanna Rios.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That, in the lUSC iioinote. administration of the Immigration and Nationality Act, Edwin

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Page:United States Statutes at Large Volume 100 Part 5.djvu/841

 PRIVATE LAW 99-7—AUG. 23, 1986

100 STAT. 4315

Marcos Rios (also known as Marcos Edwin Rios) and Geovanna Rios may be classified as children within the meaning of section 101(b)(1)(F) of the Act, upon approval of a petition which shall be eligible to be filed in their behalf in the United States by Robert and Nelly Oliva, citizens of the United States, pursuant to section 204 of the Act, and thereafter the beneficiaries shall be eligible for processing under section 245 of the Act: Provided, That the immigration status authorized under this Act shall only be effective if Robert and Nelly Oliva file a petition within two years after the date of enactment of this Act.

8 USC 1101.

8 USC 1255.

Approved August 23, 1986.

Private Law 99-6 99th Congress

' -" ' '' An Act

For the relief of Enrique Montano Ugarte.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, in the administration of the Immigration and Nationality Act, Enrique Montano Ugarte may be classified as a child within the meaning of section 101(b)(1)(F) of the Act, upon approval of a petition which shall be eligible to be filed in his behalf in the United States by Blanca Ugarte, citizen of the United States, pursuant to section 204 of the Act, and thereafter the beneficiary shall be eligible for processing under section 245 of the Act: Provided, That the natural parents or brothers or sisters of the beneficiary shall not, by virtue of such relationship, be accorded any right, privilege, or status under the Immigration and Nationality Act: Provided further. That the immigration status authorized under this Act shall only be effective if Blanca Ugarte files a petition within two years after the date of enactment of this Act. Approved August 23, 1986.

^^—'[H.R. 1693]

8 USC lioi note. 8 USC 1101. 8 USC 1154. 8 USC 1255.

. r; t -.

Private Law 99-7 99th Congress An Act For the relief of Leonard Leslie Gamble.

Aug. 23, 1986 [H.R. 1757]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That, in the administration of the Immigration and Nationality Act, Leonard 8 USC lioi note. Leslie Gamble, the uncle of the wife of a citizen of the United States, shall be deemed to be an immediate relative within the meaning of section 2010t)) of such Act, and the provisions of section 204 of that 8 USC 1151, Act shall not be applicable in this case: Provided, That a suitable 1154. and proper bond or undertaking, approved by the Attorney General be deposited as prescribed by section 213 of the said Act. Provided 8 USC 1183.

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Page:United States Statutes at Large Volume 100 Part 5.djvu/842

 100 STAT. 4316

PRIVATE LAW 99-8—AUG. 23, 1986

further. That a visa is issued on behalf of Mrs. Christine Ballard Denton in compliance with the Act. Approved August 23, 1986.

Private Law 99-8 99th Congress ^°' ' [H.R. 3093]

.

j

An Act

For the relief of Juan Ricardo McRae.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, in the 8 USC 1101 note, administration of the Immigration and Nationality Act, Juan Ricardo McRae may be classified as a child within the meaning of 8 USC 1101. section 101(b)(l)(F) of the Act, upon approval of a petition filed in his behalf by Barry McRae and Edilma McRae citizens of the United 8 USC 1154. States, pursuant to section 204 of the Act: Provided, That the natural parents or brothers or sisters of the beneficiary shall not, by virtue of such relationship, be accorded any right, privilege, or status under the Immigration and Nationality Act. ""^^'^

'

Aug. 23, 1986 [H.R. 3154]

8 USC 1101.

Approved August 23, 1986.

Private Law 99-9 99th Congress

.\

.

An Act

r

< -, ^

p^j. ^j^g ^jjg^ ^^ j^y^^ Patrick Brady, Ann M. Brady, and Mark P. Brady.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in the administration of section 101(a)(15XE)(i) of the Immigration and Nationality Act, John Patrick Brady, Ann M. Brady, and Mark P. Brady shall be treated as being aliens described in that section during any period in which John Patrick Brady is employed by Swiss Air Transport Company, Limited. Approved August 23, 1986.

Private Law 99-10 99th Congress Aug. 23, 1986 [H.R. 3323]

An Act

^'

For the relief of Alexander Lockwood.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That, in the 8 USC 1101 note, administration of the Immigration and Nationality Act, Alexander Lockwood may be classified as a child within the meaning of section 8 USC 1101. 101(b)(l)(F) of the Act, upon approval of a petition which shall be

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Page:United States Statutes at Large Volume 100 Part 5.djvu/843

 PRIVATE LAW 99-12—AUG. 23, 1986

100 STAT. 4317

eligible to be filed in his behalf in the United States by Mr. and Mrs. Donald Lockwood, citizens of the United States, pursuant to section 204 of the Act, and thereafter the beneficiary shall be eligible for 8 USC 1154. processing under section 245 of the Act: Provided, That the natural ^ USC 1255. parents or brothers or sisters of the beneficiary shall not, by virtue of such relationship, be accorded any right, privilege, or status under the Immigration and Nationality Act: Provided further. That the immigration status authorized under this Act shall only be effective if Mr. and Mrs. Donald Lockwood file a petition within two years after the date of enactment of this Act. Approved August 23, 1986.

Private Law 99-11 99th Congress An Act For the relief of Mountaha Bou-Assali Saad.

—rxfp oogci [H.R. O3D5J

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That Mountaha Bou-Assali Saad shall be held and considered to have satisfied the requirements of section 312 of the Immigration and Nationality Act 8 USC 1423. relating to knowledge and understanding of the English language and the history, principles, and form of government of the United States and, notwithstanding the provisions of section 310(d) of such Act, may be naturalized within two years after the date of enact- 8 USC 1421. ment of this Act: Provided, That a suitable and proper bond or undertaking, approved by the Attorney General, in such amount and containing such conditions as he may prescribe, be deposited. Approved August 23, 1986.

Private Law 99-12 99th Congress ^
 * i\

> i An Act

For the relief of MilanieC.Escobal Norman.

Aug. 23, 1986 [H.R. 3577]

Be it enacted by the Senate and House of Representatives of the ,,,.^,^^^ United States of America in Congress assembled. That, in administration of the Immigration and Nationality Act, Milanie C. Escobal 8 USC lioi note. Norman, the widow of a citizen of the United States, shall be deemed to be an immediate relative within the meaning of section 20103) of such Act, and the provisions of section 204 of that Act shall 8 USC 1151, not be applicable in this case: Provided, That the immigration status 1154. authorized under this Act shall only be effective if Milanie C. Escobal Norman applies to the Attorney General for such relief within two years after the date of enactment of thi& Act, Approved August 23, 1986.

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Page:United States Statutes at Large Volume 100 Part 5.djvu/844

 100 STAT. 4318

PRIVATE LAW 99-13—AUG. 28, 1986

Private Law 99-13 99th Congress An Act Aug. 28, 1986 [H.R. 1260]

'*

For the relief of Joe Herring.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Treasury is authorized and directed to pay, out of any money in the Treasury not otherwise appropriated, to Joe Herring of Wellington, Texas, an amount equal to (1) the fair market value, on the date of the foreclosure sale, of the farm of Joe Herring (including the mineral rights therein) that secured a loan made to him by the Secretary of Agriculture under the Consolidated Farm and Rural Development Act (7 U.S.C. 1921, et seq.) and that was sold, as a result of improper activities by an employee of the Department of Agriculture, at foreclosure sale in 1975, less (2) any outstanding indebtedness of Joe Herring secured by such farm on such date: Provided, That in no event shall the amount paid to Joe Herring under this Act exceed $200,000. For purposes of this Act, the fair market value of Joe Herring's farm on the date of said foreclosure sale shall be determined by an independent appraisal obtained by the Secretary of Agriculture. SEC. 2. No part of the amount appropriated in this Act in excess of 10 per centum thereof shall be paid or delivered to or received by an agent or attorney on account of services rendered in connection with this matter, and the same shall be unlawful, any contract to the contrary notwithstanding. Any person violating the provisions of this Act shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not exceeding $1,000. Approved August 28, 1986.

Private Law 99-14 99th Congress An Act Sept. 23, 1986 [H.R. 1783]

Ante, pp. 25, 335.

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Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That, for the purpose of Computing the survivor annuity payable to Mary E. Stokes (social security number 263-09-1926) of Pensacola, Florida, under section 8341 of title 5, United States Code, the creditable service of her deceased husband. Hartley T. Stokes (social security number 265-28-0423), shall include, subject to section 83320) of such title, military service performed by him. S E C 2. (a) The Director of the Office of Personnel JManagement shall pay to Mary E. Stokes in a lump sum an amount equal to the unpaid portion of the survivor annuity she would have received for the period beginning on March 26, 1977, and ending on the first day of the last month beginning before the date of the enactment of this Act if the first section of this Act had been effective on or before March 26, 1977.

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Page:United States Statutes at Large Volume 100 Part 5.djvu/845

 PRIVATE LAW 99-16—SEPT. 25, 1986

100 STAT. 4319

0)) No amount in excess of 10 percent of any amount paid pursuant to subsection (a) may be paid to or received by any attorney or agent for services rendered in connection with such payment. Any violation of this subsection is a misdemeanor and any person convicted thereof shall be fined not more than $1,000.

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Approved September 23, 1986. Private Law 99-15 99th Congress An Act

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For the relief of Gerald M. Hendley.

Sept. 25, 1986 [H.R. 1529]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That Gerald M. Hendley of Harmons, Maryland— (1) during the one-year period beginning on the date of enactment of this Act, may present to the appropriate Federal agency, for administrative adjustment in accordance with section 2672 of title 28, United States Code, a claim against the United States for money damages for injuries sustained when the military bus in which he was a passenger overturned on October 19, 1969; and (2) if such claim is finally denied by such agency (or is deemed to be finally denied), may institute a civil action upon such claim in accordance with section 2675 of such title; notwithstanding the two-year limitation set forth in section 24010?) of title 28, United States Code, and notwithstanding any disposition of such claim by an agency or a court before the enactment of this Act to the extent such disposition was determined to have been based on that two-year limitation. The appropriate district court shall, in accordance with section 1346(b) of title 28, United States Code, have jurisdiction of any action brought under paragraph (2) of this section. SEC. 2. No more than 10 per centum of the amount appropriated in the first section shall be paid to or received by any agent or attorney on account of services rendered in connection with the claims dealt with in this Act. Any person violating the provisions of this section shall be fined not more than $1,000. Approved September 25, 1986. Private Law 99-16 99th Congress An Act For the relief of Cirilo Raagas Costa and Wilma Raagas Costa.

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Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That, in the administration of the Immigration and Nationality Act, Cirilo 8 USC 1101 note. Raagas Costa shall be held and considered to be a child, and Wilma

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Page:United States Statutes at Large Volume 100 Part 5.djvu/846

 100 STAT. 4320 8 USC 1101. 8 USC 1154.

PRIVATE LAW 99-17—SEPT. 30, 1986

Raagas Costa shall be held and considered to be a child, within the meaning of section 101(b)(1)(E) of such Act upon approval of petitions filed on their behalf by Richard G. Costa and Evangeline M. Costa, citizens of the United States, pursuant to section 204 of such Act. No natural parent, brother, or sister of Cirilo Raagas Costa or Wilma Raagas Costa shall, by virtue of such relationship, be accorded any right, privilege, or status under such Act. Approved September 25, 1986,

'- 'V Private Law 99-17 99th Congress An Act Sept. 30, 1986 [S. 290]

For the relief of Catherine and Robert Fossez. •

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Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That, in the 8 USC 1101 note, administration of the Immigration and Nationality Act, Catherine and Robert Fossez shall be held and considered to have been lawfully admitted to the United States for permanent residence as of the date of the enactment of this Act upon payment of the required visa fees. Upon the granting of permanent residence to such aliens, as provided for in this Act, the Secretary of State shall instruct the proper officer to reduce by the proper number, during the current fiscal year or the fiscal year next following, the total number of immigrant visas which are made avsiilable to natives of the countries of the aliens' birth under section 203(a) of the Immigration and 8 USC 1153. Nationality Act, or if applicable, the total number of immigrant visas which are made available to natives of the countries of the 8 USC 1152. aliens* birth under section 202(e) of such Act. SEC. 2. No financial or other consideration shall be paid or delivered to or received by any agent or attorney on account of services rendered in connection with the enactment of this Act, any contract to the contrary notwithstanding. Violation of the provisions of this section is a misdemeanor punishable by a fine of $1,000. Approved September 30, 1986.

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Private Law 99-18 99th Congress

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An Act Oct. 21, 1986 [H.R. 1598]

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For the relief of Steven McKenna. ^v

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. (a) Notwithstanding the time limitations of section 2401 of title 28, United States Code, and the exception contained in section 2680(k) of such title, Steven M. McKenna of Wickliffe, Ohio, may, during the one-year period beginning on the date of enactment of this Act, present to the appropriate Federal agency for administrative adjustment in the memner provided in section 2672 of such

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Page:United States Statutes at Large Volume 100 Part 5.djvu/847

 PRIVATE LAW 99-19—OCT. 21, 1986

100 STAT. 4321

title, a claim for money damages against the United States for the conditions described in subsection (b). (b) The conditions referred to in subsection (a) are certain congenital malformations suffered by Steven McKenna alleged to have occurred as a result of ingestion of the drug thalidomide by his mother. SEC. 2. Notwithstanding section 1402(b) of title 28, United States Code, the United States District Court for the Northern District of Ohio shall have jurisdiction to hear, determine, and render judgment on the claim described in the first section if an action on such claim is instituted in such court within the six-month period beginning on the date that such claim is finally denied, or deemed to be finally denied, by such Federal agency. SEC. 3. Proceedings for the determination of the claim described in the first section, determination of damages, and review and payment of any judgment on such claim, shall be had in the same manner as if— (1) the act or omission complained of occurred in the State of Ohio; and (2) the court referred to in section 2 had jurisdiction under section 1346(b) of title 28, United States Code. SEC. 4. Nothing in this Act shall be construed as an inference or admission of liability on the part of the United States.

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Approved October 21, 1986.

Private Law 99-19.^, 99th Congress An Act For the relief of Sueng Ho Jang and Sueng II Jan.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, (a) for the purposes of the Immigration and Nationality Act, Sueng Ho Jang and Sueng II Jang shall be considered to have been lawfully admitted to the United States for permanent residence as of the date of the enactment of this Act if, within two years after such date, Sueng Ho Jang and Sueng II Jang apply to the Attorney General for adjustment to such status and pay the required visa fees. (b) Upon the granting of permanent residence to Sueng Ho Jang and Sueng II Jang pursuant to this Act, the Secretary of State shall instruct the proper officer to deduct two numbers from the total number of immigrant visas which are made available to natives of the country of the aliens' birth under section 203(a) of the Immigration and Nationality Act and, if applicable, from the total number of immigrant visas which are made available to such natives under section 202(e) of such Act. Approved October 21, 1986.

Oct. 21, 1986 [H.R. 5016]

8 USC 1101 note.

8 USC 1153. 8 USC 1152.

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Page:United States Statutes at Large Volume 100 Part 5.djvu/848

 100 STAT. 4322

PRIVATE LAW 99-20—OCT. 27, 1986

Private Law 99-20 99th Congress Oct. 27, 1986 [S. 197]

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An Act

For the relief of Elga Bouilliant-Linet.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, for the 8 USC 1101 note, purposes of the Immigration and Nationality Act, Elga BouilliantLinet shall be held and considered to have been lawfully admitted to the United States for permanent residence as of the date of the enactment of this Act upon payment of the required visa fee. Upon the granting of permanent residence to such alien as provided for in this Act, the Secretary of State shall instruct the proper officer to reduce by one number, during the current fiscal year or the fiscal year next following, the total number of immigrant visas and conditional entries which are made available to natives of the country of the alien's birth under section 203(a) of the Immigration and 8 USC 1153. Nationality Act, or, if applicable, from the total number of immigrant visas and entries which are made available to natives under 8 USC 1152. section 202(e) of such Act. Approved October 27, 1986.

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Private Law 99-21 99th Congress An Act Oct. 27, 1986 [S. 1895]

For the relief of Marlboro County General Hospital Charity, of Bennettsville, South Carolina.

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

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SECTION 1. LIABILITY UNDER THE PUBLIC HEALTH SERVICE ACT. (a) IN GENERAL.—If—

(1) the Hospital Corporation of America and the Marlboro County General Hospital Charity of Bennettsville, South Carolina, enter into an agreement with the Secretary of Health and Human Services within 12 months of the date of the enactment of this Act which meets the requirements of section 2, and (2) the Secretary of Health and Human Services certifies to Congress that the requirements of such section have been fulfilled, Marlboro County General Hospital Charity of Bennettsville, South Carolina, and the Hospital Corporation of America shall each be relieved of all liability under section 609 of the Public Health 42 USC 29li. Service Act resulting from the sale of Marlboro County General Hospital, Inc., also known as Marlboro County General Hospital, of Bennettsville, South Carolina, the predecessor in interest of Marl;I boro County General Hospital Charity, to the Hospital Corporation of America. r 10

(b) LlABILITY.—

(1) During the 6-month period beginning on the date of the enactment of this Act Marlboro County General Hospital Char-

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Page:United States Statutes at Large Volume 100 Part 5.djvu/849

 PRIVATE LAW 99-21—OCT. 27, 1986

100 STAT. 4323

ity of Bennettsville, South Carolina, and the Hospital Corporation of America shall each not be subject to the interest penalty described in section 609(c)(2)(A) of such Act for the sale referred to in subsection (a). (2) If such an agreement is not entered into within one year of the date of the enactment of this Act, the Secretary of Health and Human Services shall take such action as may be necessary to recover from Marlboro County General Hospital Charity of Bennettsville, South Carolina, and the Hospital Corporation of America the amount the United States is entitled to recover under section 609 of such Act for the sale referred to in subsection (a). SEC. 2. AGREEMENT REQUIREMENTS.

The agreement referred to in subsection (a) shall contain the following requirements: (1) Under the agreement Marlboro County General Hospital Charity shall establish and maintain an irrevocable trust in the amount described in section 609(d)(l)(A)(i) of the Public Health Service Act. (2) The principal and interest of the trust described in paragraph (1) shall only be used to pay for medically necessary services provided at Marlboro Park Hospital by the Hospital Corporation of America at no charge to individuals unable to pay for such services. For purposes of this paragraph, an individual shall be considered unable to pay for medically necessary services if such individual (A) has an income below 100 percent of the nonfarm income official poverty line defined by the Office of Management and Budget (and revised annually in accordance with section 673(2) of the Omnibus Budget Reconciliation Act of 1981) applicable to a family of the size of such individual's family, and (B) does not have private health insurance coverage and is not eligible for assistance under title XVIII of the Social Security Act, a Medical Assistance Plan approved under title XIX of such Act, or any other public indigent medical care program. (3) The Hospital Corporation of America shall at Marlboro Park Hospital— (A) not deny needed medical services to persons unable to pay for such medical services, (B) participate, if qualified, in the program under title XVIII of the Social Security Act and a Medical Assistance Plan approved under title XIX of such Act, and in any other public indigent program in South Carolina, (C) treat all individuals in need of medical care who are eligible, or may be eligible, for assistance under a program described in subparagraph (B) irrespective of whether such individuals have a personal physician with admitting privileges at Marlboro Park Hospital, and (D) notify each individual seeking medical care in writing of the availability of reimbursement under paragraph (2) for charges and services. Approved October 27, 1986.

42 USC 29ii.

42 USC 9902. 42 USC 1395. 42 USC 1396.

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Page:United States Statutes at Large Volume 100 Part 5.djvu/850

 100 STAT. 4324

PRIVATE LAW 99-22—OCT. 29, 1986

Private Law 99-22 / >^^-i, • 99th Congress ' " An Act " Oct. 29, 1986 [H.R. 1010]

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For the relief of Audrey O. Lewis and Emerson B. Vereen.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That (a) the Secretary of the Treasury shall pay, out of any money in the Treasury not otherwise appropriated, to— (1) Audrey O. Lewis of Loris, South Carolina, the sum of $70,250; and (2) Emerson B. Vereen of Baltimore, Maryland, the sum of $18,275, in full settlement of all of their claims against the United States arising out of the tortious and felonious activity of Wayne A. Ambrose, Junior, who, while employed as a special agent of the Bureau of Narcotics and Dangerous Drugs (abolished pursuant to Reorganization Plan No. 2 of 1973 in conjunction with the formation of the Drug Enforcement Administration) engaged in such activity. (b)(1) Any amount of money damages to be paid by the United States pursuant to subsection (a) shall be reduced by an amount equal to any sum received by Audrey O. Lewis or Emerson B. Vereen on or before the date of such payment under such subsection from Wayne A. Ambrose, Junior, or Larry L. Clark pursuant to the default judgment entered on November 18, 1982, in favor of Audrey O. Lewis and Emerson B. Vereen by the United States District Court for the District of Maryland in civil action numbered Y-81-2569. (2) Upon the payment by the United States of the amounts described in the subsection (a), the United States shall be subrogated to the claims of Audrey O. Lewis and Emerson B. Vereen against Wayne A. Ambrose, Junior, or Larry L. Clark under the default judgment described in paragraph (1) to the extent of the amounts paid by the United States, and any amount received by Audrey O. Lewis or Emerson B. Vereen to which such subrogation applies shall be due and payable to the United States as of the date of receipt of such amount. SEC. 2. No amount in excess of $4,550 shall be transferred or received by any agent or attorney for services rendered in connection with the payment authorized in the first section of this Act. Any person violating this section shall be fined not more than $1,000. Approved October 29, 1986.

Private Law 99-23 99th Congress Nov. 3, 1986 LH.R. 2574]

^. An Act

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p^jj. jj^g ^gjjg^ ^f ^j^g survivors of Christopher Eney.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That part L of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42

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Page:United States Statutes at Large Volume 100 Part 5.djvu/851

 PRIVATE LAW 99-24—NOV 7, 1986

100 STAT. 4325

U.S.C. 3796-3796c) shall apply with respect to the survivors of Christopher Eney, of Hyattsville, Maryland, as if Christopher Eney had been a public safety officer covered by the Act as of October 1, 1984. Approved November 3, 1986.

Private Law 99-24 99th Congress An Act For the relief of Ramzi Sallomy and Marie Sallomy.

Nov. 1, 1986 [8. 332]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, in the administration of the Immigration and Nationality Act, Ramzi 8 USC 1101 note. Sallomy and Marie Sallomy shall be held and considered to have been lawfully admitted to the United States for permanent residence as of the date of the enactment of this Act upon payment of the required visa fees. Upon the granting of permanent residence to such aliens as provided for in this Act, the Secretary of State shall instruct the proper officer to reduce by the proper number, during the current fiscal year or the fiscal year next following, the total number of immigrant visas and conditional entries which are made available to natives of the country of the aliens' birth under section 203(a) of the Immigration and Nationality Act or, if applicable, the 8 USC 1153. total number of immigrant visas and conditional entries which are made available to natives of the country of the aliens' birth under section 202(e) of such Act: Provided further, That a suitable and 8 USC 1152. proper bond or undertaking, approved by the Attorney General, be deposited on behalf of Ramzi Sallomy as prescribed by section 213 of the said Act. 8 USC 1183. Approved November 7, 1986.

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 CONCURRENT RESOLUTIONS SECOND SESSION, NINETY-NINTH CONGRESS

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 CONCURRENT RESOLUTIONS—FEB. 7, 1986

100 STAT. 4329

JOINT MEETING Resolved by the House of Representatives (the Senate concurring), That the two Houses of Congress assemble in the Hall of the House of Representatives on Tuesday, January 28, 1986, at 9 o'clock post meridiem, for the purpose of receiving such communication as the President of the United States shall be pleased to make to them.

Jan. 22, 1986 [H. Con. Res. 268] Communication from President.

Agreed to January 22, 1986.

JOINT MEETING Resolved by the House of Representatives (the Senate concurring), That, notwithstanding the provisions of H. Con. Res. 268, the two Houses of Congress assemble in the HEIII of the House of Representatives on Tuesday, February 4, 1986, at 9 o'clock post meridiem, for the purpose of receiving such communication as the President of the United States shall be pleased to make to them.

Jan. 28, 1986 [H. Con. Res. 274] Communication from President.

Agreed to January 28, 1986.

ADJOURNMENT—HOUSE OF REPRESENTATIVES AND SENATE

Feb. 6, 1986 [S. Con. Res. 107]

Resolved by the Senate (the House of Representatives concurring). That when the House adjourns on Thursday, February 6, 1986, or Friday, February 7, 1986, pursuant to a motion made by the Majority Leader of the House, or his designee, in accordance with this resolution, it stand adjourned until 12 o'clock meridian on Tuesday, February 18, 1986, and that when the Senate adjourns on Thursday, February 6, 1986, or Friday, February 7, 1986, pursuant to a motion made by the Majority Leader of the Senate, or his designee, in accordance with this resolution, it stand adjourned until 12 o'clock meridian on Monday, February 17, 1986, or until 12 o'clock meridian on the second day after Members are notified to reassemble pursuant to section 2 of this concurrent resolution. SEC. 2. The Speaker of the House, after consultation with the Minority Leader of the House, and the Majority Leader of the Senate, after consultation with the Minority Leader of the Senate, shall notify the Members of the House and the Senate, respectively, to reassemble whenever, in their opinion, the public interest shall warrant it. Agreed to February 6, 1986.

INDIAN STUDENTS—DEPARTMENT OF EDUCATION GRANTS

Feb. 7, 1986 [H Con. Res. 276]

Whereas in 1972 the Congress enacted part A of the Indian Education Act, to enable public school districts to meet the "special 20 USC 24iaa.

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Page:United States Statutes at Large Volume 100 Part 5.djvu/856

 100 STAT. 4330

CONCURRENT RESOLUTIONS—FEB. 7, 1986

educational and culturally related academic needs of Indian students"; Whereas this program was specifically structured to assure services for Indian students who are not eligible for other Federal services provided to Indians; Whereas these Indian students are predominantly urban, or affiliated with terminated, State-recognized, or nonfederally recognized tribal groups; Whereas on November 25, 1985, the Department of Education sent to the superintendents of public school districts having Indian Education Act programs a letter setting forth a requirement that only specific forms of information could be used to verify eligibility for Indian Education Act programs; Whereas this Departmental letter rescinds the current policy of "good-faith" compliance with eligibility and proof requirements; Whereas the initial evidence is that, for many school districts, immediate implementation of this "proof requirement for all students will be extremely difficult, because of difficulties in communicating requirements to parents, gaps in information, distance from home reservations and Federal officials or tribal entities who are in a position to verify information, problems involved in obtaining responses from these groups, and other factors; Whereas the promulgation of these standards was done by administrative letter, not by regulation, with no prior notice or opportunity for comment; Whereas this letter was sent only 11 weeks prior to the date upon which applications for fiscal year 1986 grants for these programs must be submitted, creating an unreasonable burden on a number of districts; Whereas there is evidence that requiring absolute compliance with the November 25, 1986, letter for all students for the fiscal year 1986 grants will lead to a substantial (up to two-thirds) reduction in the eligible student count in a substantial number of districts, mainly among the students whom this program was specifically designed to assist; Whereas the Department informed congressional offices and school districts until recently that while immediate implementation of the November 25, 1986, letter must be begun, the Department would not require absolute compliance for all students until the application for the fiscal year 1987 grants; and Whereas there now seems to be a problem in securing the necessary evidence of this implementation policy from the Department: Now, therefore, be it

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Resolved by the House of Representatives (the Senate concurring), That— (1) the proofs of eligibility set forth in the Department of Education letter dated November 25, 1985, will not be applied for all students for the Indian Education Act grants distributed for fiscal year 1986, (2) school districts may count students for whom they are still seeking to obtain information for the fiscal year 1986 grant period (academic year 1986-1987), upon identification in their application of the number of such students and the efforts being made to achieve full compliance, and such students shall not be subsequently ruled ineligible for the fiscal year 1986 grant period if the efforts to obtain proof prove unsuccessful, and

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Page:United States Statutes at Large Volume 100 Part 5.djvu/857

 CONCURRENT RESOLUTIONS—MAR. 21, 1986

100 STAT. 4331

(8) the Department of Education shall take all necessary actions to clearly adopt this interpretation and to inform superintendents of school districts who received the November 25, 1985, letter of this interpretation immediately Agreed to February 7, 1986.

E N R O L L M E N T CORRECTIONS — H. R. 1614

^ar. ii, 1986_ [S. Con. Res. 114]

Resolved by the Senate (the House of Representatives concurring). That the Secretary of the Senate is requested to return to the House of Representatives the enrolled bill (H.R. 1614). The Clerk of the House is authorized to receive such bill if it is returned when the House is not in session. Upon the return of such bill, the action of the Speaker of the House of Representatives Pro Tempore in signing it shall be deemed rescinded and the Clerk of the House shall reenroU the bill with the following corrections: (1) In section 13(a), strike out the matter preceding paragraph (1) and insert in lieu thereof the following: "(a) It is the sense of Congress that the Secretary of Agriculture carry out a program authorized by section 424 of the Agricultural Act of 1949. Such program, if implemented, shall provide for the following:". (2) In the first sentence of section 13(c)— (a)j strike out "shall"; and (b) strike out "the program provided for" and insert in lieu thereof "any program established". (3) In section 17(b)(2) of the United States Warehouse Act (as added by section 14 of the bill), strike out "warehouse to which" and insert in lieu thereof "warehouse from which".

Ante, p. 45.

7 USC I433c.

Agreed to March 11, 1986.

NATIONAL TRIO DAY

Mar. 21, 1986 [H. Con. Res. 278]

Whereas the Special Programs for Students from Disadvantaged Backgrounds, commonly known as the TRIO programs, are integral to the Federal strategy aimed at advancing equal opportunity in postsecondary education; Whereas the 1,280 TRIO programs—Educational Opportunity Centers, Special Services, Talent Search, Upward Bound, and TRIO Staff Training—presently provide over 460,000 disadvantaged youth and adults the upward mobility afforded by higher education; Whereas TRIO programs are targeted upon students whose family incomes fall below 150 percent of poverty and whose parents did not graduate from college; Whereas 41 percent of TRIO students are black, 35 percent are white, 17 percent are Hispanic, 4 percent are American Indian, and 3 percent are Asian; Whereas the TRIO programs are an important retention mechanism for physically handicapped students in higher education, currently serving over 14,000 disabled students;

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Page:United States Statutes at Large Volume 100 Part 5.djvu/858

 100 STAT. 4332

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CONCURRENT RESOLUTIONS—MAR. 24, 1986

Whereas TRIO programs have a record of success in providing students information about college, motivating them to attend college, and enabling them to succeed in college; Whereas the TRIO programs in the last two decades have produced hundreds of thousands of educational success stories, including two Rhodes Scholars and the first Hispanic astronaut; Whereas, absent action by the Congress, the Gramm-Rudman-Hollings legislation will eliminate 38,500 students from the TRIO programs in fiscal year 1986, and an additional 123,400 students in fiscal year 1987; and Whereas, absent action by the Congress, over 300 colleges and universities will lose TRIO programs as a result of the GrammRudman-Hollings legislation by fiscal year 1987: Now, therefore, be it Resolved by the House of Representatives (the Senate concurring), That February 28, 1986, be declared "National TRIO Day", a day on which the Nation is asked to turn its attention to the needs of disadvantaged young people and adults aspiring to improve their lives, to the investment necessary if they are to become contributing citizens of this country, and to the talent which will be wasted if that investment is not made. Agreed to March 21, 1986.

Mar. 24, 1986

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ADJOURNMENT—HOUSE OF

[H. Con. Res. 304] !mi ill h REPRESENTATIVES AND SENATE Resolved by the House of Representatives (the Senate concurring), That when the House adjourns on Tuesday, March 25, 1986, and that when the Senate adjourns on Wednesday, March 26, 1986, or on Thursday, March 27, 1986, pursuant to a motion made by the Majority Leader, or his designee, in accordance with this resolution, they stand adjourned until 12 o'clock meridian on Tuesday, April 8, 1986, or until 12 o'clock meridian on the second day after Members are notified to reassemble pursuant to section 2 of this concurrent resolution whichever occurs first. SEC. 2. The Speaker of the House, after consultation with the Minority Leader of the House, and the Majority Leader of the Senate, after consultation with the Minority Leader of the Senate, acting jointly, shall notify the Members of the House and the Senate, respectively, to reassemble whenever, in their opinion, the public interest shall warrant it. Agreed to March 24, 1986.

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'^^^ ENROLLMENT CORRECTIONS—H.R. 3128

[H. Con. Res. 305]

Insurance. Ante, p. 82.

Resolved by the House of Representatives (the Senate concurring), That, in the enrollment of the bill (H.R. 3128) to make changes in spending and revenue provisions for purposes of deficit reduction and program improvement, consistent with the budget process, the Clerk of the House of Representatives shall make the following corrections:

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 CONCURRENT RESOLUTIONS—MAR. 26, 1986

100 STAT. 4333

(1) SECTION iiooi.—In section 11001 of the bill, strike out "1985" and insert in lieu thereof "1986". (2) SECTION 11002 (c).—In section 11002(c) of the bill, strike out "Act" and insert in lieu thereof "title". (8) SECTION 11004.—In section 11004 of the bill— (A) in section 4001(a)(2)(B) of the Employee Retirement Income Security Act of 1974 (hereinafter in this resolution referred to as ERISA"), as proposed to be amended, strike out "affiliated group" and all that follows and insert in lieu thereof "controlled group, and"; (B) in section 4001(a)(13XA) of ERISA, as proposed to be added, insert ", in connection with such plan," after (C) in section 4001(a)(14XB) of ERISA, as proposed to be added, strike out "section 414(c)" and insert in lieu thereof "subsections (b) and (c) of section 414"; (D) in section 4001(a)(15) of ERISA, as proposed to be added, strike out ", except as otherwise specifically provided in this title,";(E) in section 4001(a)(17XB) of ERISA, as proposed to be added, strike out "as of such date" and insert in lieu thereof "(as of such date)"; (F) in section 4001(a)(18) of ERISA, as proposed to be added, strike out " of the fourth place it appears in subparagraph (A) and insert in lieu thereof "to", and strike out "as of such date" in subparagraph (B) and insert in lieu thereof "(as of such date)"; and (G) in section 4001(a)(19) of ERISA, as proposed to be added, strike out " of the fifth place it appears in subparagraph (A) and insert in lieu thereof "to", and insert "required to be" after "are" in subparagraph (B). (4) SECTION 11004 (b).—In section 11004(b) of the bill— (A) strike out "paragraphs" and insert in lieu thereof "paragraph"; and (B) strike out paragraphs (2) and (3) of section 400103) of ERISA, as proposed to be added, and insert in lieu thereof the following: "(A) except as otherwise provided in subtitle E, contributions or other payments shall be considered made under a plan for a plan year if they are made within the period prescribed under section 412(c)(10) of the Internal Revenue Code of 1954 (deter- 26 USC 412. mined, in the case of a terminated plan, as if the plan had continued beyond the termination date), and "(B) the term 'Secretary of the Treasury' means the Secretary of the Treasury or such Secretary's delegate.". (5) SECTION 11005(c).—In section 11005(c)— (A) redesignate paragraphs (9) and (10) as paragraphs (10) and (11), respectively; (B) insert after paragraph (8) the following new paragraph (9): "(9) Subsection (f)(4)(C) of section 4022A (29 U.S.C. 1322a(f)(4)(C)) is amended by striking out 'concurrent' and inserting in lieu thereof 'joint'."; and (C) insert after paragraph (11) (as redesignated) the following new paragraph (12): "(12) Subsection (g)(4)(D) of section 4022A (29 U.S.C.
 * (2) For purposes of subtitle E—

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 100 STAT. 4334

1 I f

CONCURRENT RESOLUTIONS—MAR. 26, 1986 1322a(g)(4)(D)) is amended by striking out 'concurrent' and inserting in lieu thereof 'joint'.". (6) SECTION II 0 0 5. — I n section 11005 of the bill, add at the end the following new subsection: "(e) TRANSITIONAL RULE.— "(1) NOTICE OF PREMIUM INCREASE.—Not

later than 30 days after the date of the enactment of this Act, the Pension Benefit Guaranty Corporation shall send a notice to the plan administrator of each single-employer plan affected by the premium increase established by the amendment made by subsection (a)(1). Such notice shall describe such increase and the requirements of this subsection. "(2) DUE DATE FOR UNPAID PREMIUMS.—With respect to

'

any

plan year beginning during the period beginning on January 1, 1986, and ending 30 days after the date of the enactment of this Act, any unpaid amount of such premium increase shall be due . and payable no later than the earlier of 60 days after the date of ^ the enactment of this Act or 30 days after the date on which the notice required by paragraph (1) is sent, except that in no event shall the amount of the premium increase established under the amendment made by subsection (a)(1) be due and payable for a plan year earlier than the date on which premiums for the plan would have been due for such plan year had this Act not been enacted. "(3) ENFORCEMENT.—For purposes of enforcement, the requirements of paragraphs (1) and (2) shall be considered to be requirements of sections 4006 and 4007 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1306 and 1307).". (7) SECTION ii006(a).—In section 11006(a) of the bill, in section 204(h) of ERISA, as proposed to be added— (A) strike out "on or after the date of the enactment of the Single-Employer Pension Plan Amendments Act of .^.^^ 1985"; and .•<-'!. ^g) -j^ paragraph (2), strike out "under the plan who is a beneficiary of a deceased participant or". C'' (8) SECTION ii006(b).—In section 11006(b) of the bill, strike out "the date described in section 11019(a)" and insert in lieu thereof "January 1, 1986, except that, in the case of plan amendments adopted on or after January 1, 1986, and on or ' before the date of the enactment of this Act, the requirements of section 204(h) of the Employee Retirement Income Security Act of 1974 (as added by this section) shall be treated as met if the written notice required under such section 204(h) is provided before 60 days after the date of the enactment of this Act". (9) SECTION 11007(a).—In section 11007(a) of the bill, in section 4041(a)(2) of ERISA, as proposed to be amended, strike out "plan termination under subsection (b) or (c)" and insert in lieu thereof "standard termination under subsection 0?) or a distress termination under subsection (c)", and insert "of" after "case". ' (10) SECTION ii008(a).—In section 11008(a) of the bill— (A) in section 4041(b)(2)(A) of ERISA, as proposed to be amended, strike out "the termination date proposed in the •• notice" and insert in lieu thereof "the date on which the notice of intent to terminate is", and in clause (iii), strike "''' out "is" and insert in lieu thereof "are"; .. (B) in section 4041(b)(2)(B) of ERISA, as proposed to be

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100 STAT. 4335

amended, strike out "At the time" and insert in lieu thereof "No later than the date on which", and in clause (i), strike out ", expressed in terms of the normal form of benefits under the plan," and insert in lieu thereof "and the benefit form on the bsisis of which such amount is determined"; (C) in section 4041(b)(2)(C)(i) of ERISA, as proposed to be amended, strike out "provide the plan administrator with a notice of noncompliance" and insert in lieu thereof "issue a notice of noncompliance to the plan administrator", and in subclause (I), strike out "the requirements of subsection (a)(2) and subparagraphs (A) and (B) have" and insert in lieu thereof "any requirement of subsection (a)(2) or subparagraph (A) or (B) has"; (D) in section 4041(b)(3)(A) of ERISA, as proposed to be amended, strike out "the termination of the plan" and insert in lieu thereof "the standard termination of the plan under this subsection", and in clauses (i) and (ii), strike out "are allocated" each place it appears and insert in lieu thereof "are required to be allocated"; and (E) in section 404103)(3)(B) of ERISA, as proposed to be amended, strike out "the termination of the plan" and insert in lieu thereof "the standard termination of a plan under this subsection", and strike out "are allocated" and insert in lieu thereof "are required to be allocated". (11) SECTION iioosOa).—In section 11008 of the bill, strike out subsection Oa) and insert in lieu thereof the following: "(b) CONFORMING AMENDMENT.—Section 4041(f) (29 U.S.C. 1341(f)) is amended to read as follows: " '(f) LIMITATION ON THE CONVERSION OF A DEFINED BENEFIT PLAN TO A DEFINED CONTRIBUTION PLAN.—The adoption of an amendment

to a plan which causes the plan to become a plan described in section 40210t))(l) constitutes a termination of the plan. Such an amendment may take effect only after the plan satisfies the requirements for standard termination under subsection (b) or distress termination under subsection (c).'.". (12) SECTION 11008(C).—In section 11008(c) of the bill, strike out "May 1, 1986," and insert in lieu thereof "120 days after the date of the enactment of this Act,". (13) SECTION 11008(d).—In section 11008(d) of the bill, strike out paragraphs (1) and (2) and insert in lieu thereof the following paragraphs (1) and (2): "(1) REQUIREMENTS TO BE MET BEFORE FINAL DISTRIBUTION OF

ASSETS.—In the case of the termination of a single-employer plan described in paragraph (2) with respect to which the amount payable to the employer pursuant to section 4044(d) exceeds $1,000,000 (determined as of the proposed date of final distribution of gissets), the final distribution of assets pursuant to such termination may not occur unless the Pension Benefit Guaranty Corporation— "(A) determines that the assets of the plan are sufficient for benefit commitments (within the meaning of section 4041(d)(l) of the Employee Retirement Income Security Act of 1974 (as amended by section 11007)) under the plan, and "(B) issues to the plan administrator a written notice setting forth the determination described in subparagraph (A). "(2) PLANS TO WHICH SUBSECTION APPLIES.—A single-employer

plan is described in this paragraph if—

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 100 STAT. 4336

,

CONCURRENT RESOLUTIONS—MAR. 26, 1986

"(A) the plan administrator has filed a notice of intent to terminate with the Pension Benefit Guaranty Corporation, and— "(i) the filing was made before January 1, 1986, and the Corporation has not issued a notice of sufficiency for such plan before the date of the enactment of this Act, or "(ii) the filing is made on or after January 1, 1986, and before 60 days after the date of the enactment of this Act and the Corporation has not issued a notice of • ' sufficiency for such plan before the date of the enactment of this Act, and ^^j ^ "(B) of the persons who are (as of the termination date) participants in the plan, the lesser of 10 percent or 200 have filed complaints with the Corporation regarding such termination— "(i) in the case of plans described in subparagraph (A)(i), before 15 days after the date of the enactment of this Act, or "(ii) in any other case, before the later of 15 days after the date of the enactment of this Act or 45 days j^^. after the date of the filing of such notice.". '"* (14) SECTION ii008(d)(4)(A).—In section 11008(d)(4)(A) of the bill, strike out "paragraph (1)(C)" and insert in lieu thereof "paragraph (1)(B)". (15) SECTION 11008(d)(4)(B).—In section 11008(d)(4)(B) of the bill, strike out "The preceding provisions of this subsection shall not apply (except in the case of an acquisition, takeover, or leveraged buyout)" and insert in lieu thereof "Except in the case of an acquisition, takeover, or leveraged buyout, the preceding provisions of this subsection shall not apply", and strike out "it" and insert in lieu thereof "the contributing sponsor". (16) SECTION 11009(a).—In section 11009(a) of the bill— (A) strike out "title)" and insert in lieu thereof "Act)"; (B) in section 4041(c)(2)(A) of ERISA, as proposed to be amended, strike out "the termination date proposed in the 3irx: notice of intent to terminate provided" and insert in lieu .•f.;[; thereof "the date on which the notice of intent to terminate is provided", and strike out "is" in clause (iv) and insert in lieu thereof "are"; (C) in section 4041(c)(2)(B) of ERISA, as proposed to be amended, insert "(as of the termination date)" after "each ' person who is", strike out "it" in clause (i)(I) and insert in lieu thereof "such person", strike out "it" in clause (ii)(I) and insert in lieu thereof "such person", and insert "to such person" after "unreasonably burdensome" in clause (iii)(II); (D) in section 4041(c)(2)(C) of ERISA, as proposed to be amended, strike out the last sentence;

(E) in section 4041(c)(3)(A) of ERISA, as proposed to be V amended, strike out "whether" each place it appears in T clauses (i) and (ii) and insert in lieu thereof "that"; (F) in section 4041(c)(3)(B) of ERISA, as proposed to be amended— J. (b)(3), and" in clause (i) and insert in lieu thereof ", and •jjvoiu, make certification to the corporation with respect to
 * "^(i) strike out "in the manner described in subsection

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100 STAT. 4337

such distribution, in the manner described in subsection (b)(3), and shall"; (ii) strike out "that the plan is not sufficient for benefit commitments (or" in clause (ii), strike out "it)" in clause (ii) and insert in lieu thereof "it", strike out "whether" in clause (ii) and insert in lieu thereof "that", insert after "subsection (b)(3)," in clause (ii)(I) the following: "make certification to the corporation that the distribution has occurred, and take such actions as may be appropriate to carry out the termination of the plan,"; and (iii) strike out "that the plan is not sufficient for guaranteed benefits (or" in clause (iii), strike out "it)" in clause (iii) and insert in lieu thereof "it", and strike out "whether" in clause (iii)'and insert in lieu thereof "that"; (G) in section 4041(c)(3)(C) of ERISA, as proposed to be amended, strike out clauses (i) and-(ii) and insert in lieu thereof the following: "(i) FINDING WITH RESPECT TO BENEFIT COMMITMENTS WHICH ARE NOT GUARANTEED BENEFITS.—If, after the

.11;.

plan administrator has begun to terminate the plan as authorized under subparagraph (B)(i), the plan administrator finds that the plan is unable, or will be unable, to pay benefit commitments which are not benefits guaranteed by the corporation under section 4022, the plan administrator shall notify the corporation of such finding as soon as practicable thereafter. If the corporation concurs in the finding of the plan administrator (or the corporation itself makes such a finding) the corporation shall take the actions set forth in subparagraph (B)(ii)(II) relating to the trust established for purposes of section 4049. "(ii)

FINDING WITH RESPECT TO GUARANTEED BENE-

FITS.—If, after the plan administrator has begun to terminate the plan as authorized by subparagraph (B)(i) or (ii), the plan administrator finds that the plan is > unable, or will be unable, to pay all benefits under the plan which are guaranteed by the corporation under section 4022, the plan administrator shall notify the corporation of such finding as soon as practicable thereafter. If the corporation concurs in the finding of the plan administrator (or the corporation itself makes such a finding), the corporation shall institute appropriate proceedings under section 4042."; and (H) in section 4041(c)(3) of ERISA, as proposed to be amended, strike out subparagraph (D) and insert in lieu thereof the following: "(D) ADMINISTRATION OF THE PLAN DURING INTERIM PERIOD.—

"(i) IN GENERAL.—The plan administrator shall— "(I) meet the requirements of clause (ii) for the period commencing on the date on which the plan administrator provides a notice of distress termination to the corporation under subsection (a)(2) and ending on the date on which the plan administrator receives notification from the corporation of its determinations under subparagraph (A), and

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CONCURRENT RESOLUTIONS—MAR. 26, 1986

"(II) meet the requirements of clause (ii) commencing on the date on which the plan administrator or the corporation makes a finding under subparagraph (C)(ii). "(ii) REQUIREMENTS.—The requirements of this clause are met by the plan administrator if the plan administrator— "(I) refrains from distributing assets or taking any other actions to carry out the proposed termination of this subsection, "(II) pays benefits attributable to employer contributions, other than death benefits, only in the form of an annuity, "(III) does not use plan assets to purchase irrevocable commitments to provide benefits from an insurer, and ' "(IV) continues to pay all benefit commitments under the plan, but, commencing on the proposed termination date, limits the payment of benefits under the plan to those benefits which are guaranteed by the corporation under section 4022 or to which assets are required to be allocated under section 4044. In the event the plan administrator is later determined not to have met the requirements for distress termination, any benefits which are not paid solely by reason of compliance with subclause (IV) shall be due and payable immediately ' (together with interest, at a reasonable rate, in accordance with regulations of the corporation).". (17) SECTION iioosO?).—In section 11009(b) of the bill, strike out "Act" and insert in lieu thereof "title". (18) SECTION 11010(a)(1).—In section 11010(a)(1) of the bill, strike out subparagraph (B) and insert in lieu thereof the following: "(B) by inserting at the beginning of the matter following paragraph (4) the following new sentence: 'The corporation shall as soon as practicable institute proceedings under this section to terminate a single-employer plan whenever the corporation determines that the plan does not have assets available to pay benefits which are currently due under the terms of the plan.'.". (19) SECTION iioio(a)(2)(A).—In section 11010(a)(2)(A) of the bill, strike out "court". (20) SECTION 11010(a)(2)(B).—In section 11010(a)(2)(B) of the bill, strike out "it may," and insert in lieu thereof "has determined", strike out "court", and strike out "(whether" and all that follows down through "shall,". (21) SECTION 11010(b).—In section 11010 of the bill, insert after subsection (a) the following new subsection: "(b) ESTABLISHMENT OF SECTION 4049 TRUST.—Section 4042 is further amended by adding at the end thereof the following new subsection: " '(i) In any case in which a plan is terminated under this section in a termination proceeding initiated by the corporation pursuant to subsection (a), the corporation shall establish a separate trust in connection with the plan for purposes of section 4049, unless the corporation determines that all benefit commitments under the plan are benefits guaranteed by the corporation under section 4022 or that there is no amount of unfunded benefit commitments under the plan.'.".

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100 STAT. 4339

(22) SECTION iioii(a).—In section 11011(a) of the bill, strike out "(a) Liability" and all that follows down through "following:" and insert in lieu thereof the following: "(a) LlABILITY FOR DISTRESS TERMINATIONS AND TERMINATIONS BY

THE CORPORATION.—Section 4062 (29 U.S.C. 1362) is amended— "(1) by redesignating subsection (e) as subsection (f); and "(2) by striking out so much as precedes subsection (f) (as redesignated) and inserting in lieu thereof the following:". (23) SECTION iioii(a).—In section 11011(a) of the bill, in section 4062(a) of ERISA, as proposed to be amended, insert a comma after "corporation" in paragraph (1), insert "or section 4042(i)," after "or (iii)" in paragraph (2), and strike out "referred to in section 4042(d)(1)(B) in paragraph (3) and insert in lieu thereof "appointed under subsection (b) or (c) of section 4042,". (24) SECTION iioii(a).—In section 11011(a) of the bill, strike out section 40260t>) of ERISA, as proposed to be amended, and insert in lieu thereof the following: "(b) LlABILITY TO THE CORPORATION.— "(1) AMOUNT OF LIABILITY.—

nj I.

•u

"(A) IN GENERAL.—Except as provided in subparagraph (B), the liability to the corporation of a person described in subsection (a) shall consist of the sum of— "(i) the lesser of^ "(I) the total amount of unfunded guaranteed benefits (as of the termination date) of all participants and beneficiaries under the plan, or "(II) 30 percent of the collective net worth of all persons described in subsection (a), and "(ii) the excess (if any) of— "(I) 75 percent of the amount described in clause (i)(I), over "(II) the amount described in clause (i)(II), together with interest (at a reasonable rate) calculated from the termination date in accordance with regulations prescribed by the corporation. "(B)

SPECIAL RULE IN CASE OF SUBSEQUENT INSUFFI-

CIENCY.—For purposes of subparagraph (A), in any case described in section 4041(c)(3)(C)(ii), actuarial present values shall be determined as of the date of the notice to the corporation (or the finding by the corporation) described in such section. "(2) PAYMENT OF LIABILITY.—

"(A) IN GENERAL.—Except as provided in subparagraph Securities. (B), the liability to the corporation under this subsection shall be due and payable to the corporation as of the termination date, in cash or securities acceptable to the corporation. "(B) SPECIAL RULE.—Payment of the liability under paragraph (l)(A)(ii) shall be made under commercially reasonable terms prescribed by the corporation. The parties involved shall make a reasonable effort to reach agreement on such commercially reasonable terms. Any such terms prescribed by the corporation shall provide for deferral of 50 percent of any amount of liability otherwise payable for any year under this subparagraph if a person subject to such liability demonstrates to the satisfaction of the corporation that no person subject to such liability has any

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 100 STAT. 4340

CONCURRENT RESOLUTIONS—MAR. 26, 1986 individual pre-tax profits for such person's fiscal year ending during such year. "(3) ALTERNATIVE ARRANGEMENTS.—The corporation and any

person liable under this section may agree to alternative arrangements for the satisfaction of liability to the corporation under this subsection.", (25) SECTION iioii(a).—In section 11011(a) of the bill, strike out section 4062(c) of ERISA, as proposed to be amended, and insert in lieu thereof the following: "(c) LiABiuTY TO SECTION 4049 TRUST.— "(1) AMOUNT OF LIABILITY.—

•

"(A) IN GENERAL.—In any case in which there is an outstanding amount of benefit commitments under a plan terminated under section 4041(c) or 4042, a person described in subsection (a) shall be subject to liability under this subsection to the trust established under section 4041(c)(3)(B) (ii) or (iii) or section 4042(i) in connection with the terminated plan. Except as provided in subparagraph (B), the liability of such person under this subsection shall consist of the lesser of— "(i) 75 percent of the total outstanding amount of benefit commitments under the plan, or "(ii) 15 percent of the actuarial present value (determined as of the termination date on the basis of assumptions prescribed by the corporation for purposes of section 4044) of all benefit commitments under the plan.

-^" f

'• '

' '

"(B) SPECIAL RULE IN CASE OF SUBSEQUENT INSUFFI-

CIENCY.—For purposes of subparagraph (A)— "(i) PLANS INSUFFICIENT FOR GUARANTEED BENEFITS.—

^? s;

In any case described in section 4041(c)(3)(C)(ii), actuarial present values shall be determined as of the date of the notice to the corporation (or the finding by the corporation) described in such section. "(ii) PLANS SUFFICIENT FOR GUARANTEED BENEFITS BUT INSUFFICIENT FOR BENEFIT ENTITLEMENTS.—In any case

 * •,.'.' -c
 * •,.'.' -c

r «^ 'n r

described in section 4041(c)(3)(C)(i) but not described in section 4041(c)(3)(C)(ii), actuarial present values shall be determined as of the date on which the final distribution of assets is completed.

"(2) PAYMENT OF LIABILITY.—

^ • i r » /

"(A) GENERAL RULE.—Except as otherwise provided in this paragraph, payment of a person's liability under this subsection shall be made for liability payment years under commercially reasonable terms prescribed by the fiduciary designated by the corporation pursuant to section 4049(b)(1)(A). Such fiduciary and the liable persons assessed liability under this subsection shall make a reasonable effort to reach agreement on such commercially reasonable terms. "(B) SPECIAL RULE FOR PLANS WITH LOW AMOUNTS OF

26 USC 6621. / > %

LIABILITY.—In any case in which the amount described in paragraph (I)(A) is less than $100,000, the requirements of subparagraph (A) may be satisfied by payment of such liability over 10 liability payment years in equal annual installments (with interest at the rate determined under section 6621(b) of the Internal Revenue Code of 1954). The corporation may, by regulation, increase the dollar amount

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100 STAT. 4341

referred to in this subparagraph as it determines appropriate, taking into account reasonable administrative costs of trusts established under section 4041(c)(3)(B) (ii) or (iii) or section 4042(i). h "(C) DEFERRAL OF PAYMENTS.—The terms for payment provided for under subparagraph (A) or (B) shall also provide for deferral of 75 percent of any amount of liability oJ otherwise payable for any liability payment year if a person subject to such liability demonstrates to the satisfaction of the corporation that no person subject to such liability has any individual pre-tax profits for such person's fiscal year ending during such year. The amount of liability so deferred is payable only after payment in full of any amount of liability under subsection (b) in connection with the termination of the same plan which has been deferred -& f K > pursuant to terms provided for under subsection (b)(2)(B).". (26) SECTION iioii(a).—In section 11011(a) of the bill, in section 4062(d) of ERISA, as proposed to be amended, strike out "referred to in section 4042(d)(1)(B)" and insert in lieu thereof "appointed under subsection (b) or (c) of section 4042" and in the matter following paragraph (3), insert "(at a reasonable rate) calculated from the termination date in accordance with regulations prescribed by the corporation" after "interest". (27) SECTION iioii(a).—In section 11011(a) of the bill, in section 4062(e)(3) of ERISA, as proposed to be amended, strike out "begins" and insert in lieu thereof "ends". (28) SECTION 11011(b).—In section llOllOt)) of the bill, strike out "Subsection (e) of section 4062" and insert in lieu thereof "Subsection (f) of section 4062 (as redesignated by subsection (a)(1))" and strike out "(e)" the second place it appears and insert in lieu thereof "(f)". (29) SECTION IIOII(CX2).—In section 11011(c)(2) of the bill, in section 404(g)(4) of the Internal Revenue Code of 1954, as proposed to be added, strike out "Any" and insert in lieu thereof Tor purposes of this subsection, any", and strike out "the date described in section 11019(a) of the Single-Employer Pension Plan Amendments Act of 1985" and insert in lieu thereof "the date of the enactment of the Single-Employer Pension Plan Amendments Act of 1986". (30) SECTION IIOII(CX3).—In section 11011(c)(3) of the bill, strike out "the date described in section 11019(a)" and insert in lieu thereof "January 1, 1986,". (31) SECTION 11012(a).—In section 11012(a) of the bill, in section 4049(a) of ERISA, as proposed to be added, strike out the last sentence and insert in lieu thereof the following: "The trust shall be maintained for such period of time as is necessary to receive all liability payments required to be made to the trust under section 4062(c) with respect to the terminated plan and to make all distributions required to be made to participants and beneficiaries under this section with respect to the terminated plan.". (32) SECTION 11012(a).—In section 11012(a) of the bill, in section 4049 of ERISA, as proposed to be added, strike out so much of subsection (b) as precedes paragraph (2) and insert in lieu thereof the following: "(b) DESIGNATION OF FIDUCIARY BY THE CORPORATION.— "(1) PURPOSES FOR DESIGNATION OF FIDUCIARY.— "(A) COLLECTION OF LIABILITY.—The corporation

shall designate a fiduciary (within the meaning of section 3(21)) to

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•

serve as trustee of the trust for purposes of conducting negotiations and assessing and collecting liability pursuant to section 4062(c). "(B) ADMINISTRATION OF TRUST.— "(i) CORPORATION'S FUNCTIONS.—Except as provided

iC

in clause (ii), the corporation shall serve as trustee of the trust for purposes of administering the trust, including making distributions from the trust to participants and beneficiaries. "(ii) DESIGNATION OF FIDUCIARY IF COST-EFFECTIVE.—If

the corporation determines that it would be cost-effective to do so, it may designate a fiduciary (within the . ^ > meaning of section 3(21)), including the fiduciary designated under subparagraph (A), to perform the functions described in clause (i).". (33) SECTION 11012(a).—In section 11012(a) of the bill, in section 4049(c)(1)(A) of ERISA, as proposed to be added, strike out " of the second place it appears and insert in lieu thereof "to". (34) SECTION 11012(a).—In section 11012(a) of the bill, redesignate the second subsection (c) of section 4049 of ERISA, as proposed to be added, as subsection (d). (35) SECTION iioi20t>).—In section 110120t)) of the bill, in section 501(c)(24) of the Internal Revenue Code of 1954, as proposed to be added, strike out "1985" and insert in lieu thereof "1986". (36) SECTION 11012(c).—In section 11012(c) of the bill, insert "of such Code" after "section 402(a)". (37) SECTION 11012(d).—In section 11012(d) of the bill, strike out "incurred under" and insert in lieu thereof "otherwise payable as provided in". (38) SECTION 11013(b).—In section 11013(b) of the bill, strike out "the date described in section 11019(a)" and insert in lieu thereof "January 1, 1986". (39) SECTION 11014(a).—In section 11014(a) of the bill, in section 4070(a) of ERISA, as proposed to be added, strike out "A person" and insert in lieu thereof "Any person", strike out "who is adversely" and insert in lieu thereof "is adversely", strike out "an employee organization which represents" and insert in lieu thereof "who is an employee organization representing", and by inserting "so adversely affected" after "beneficiary". (40) SECTION iioi4(b)(i).—In section 11014(b)(1) of the bill— (A) in section 4003(fKl) of ERISA, as proposed to be amended, strike out "who is adversely" and insert in lieu ' thereof "is adversely", strike out "and any employee organization which represents" and insert in lieu thereof ", or who is an employee organization representing", and by inserting "so adversely affected" after "beneficiary"; and (B) in section 4003(f)(2)(B) of ERISA, as proposed to be amended, insert "for the judicial district" after "district court". (41) SECTION 11014(b)(2).—In section 11014(b)(2) of the bill, in section 4003(e)(6)(C) of ERISA, as proposed to be amended, strike out "if such date is later than the date described in clause (i)". (42) SECTION iioi5(a)(2)(A).—In section 11015(a)(2)(A) of the bill— (A) in section 412(f)(3)(C)(i) of the Internal Revenue Code of 1954, as proposed to be added, strike out "oustanding" in

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