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STAT. 2797

"(ii) the party aggrieved may recover an award of statutory damages for all violations involved in the action, in a sum of not less than $250 or more than $10,000 as the court considers just. "(B) In any case in which the court finds that the violation was committed willfully and for purposes of commercial advantage or private financial gain, the court in its discretion may increase the award of damages, whether actual or statutory under subparagraph (A), by an amount of not more than $50,000. "(C) In any case where the court finds that the violator was not aware and had no reason to believe that his acts constituted a violation of this section, the court in its discretion may reduce the award of damages to a sum of not less than $100. "(D) Nothing in this title shall prevent any State or franchising authority from enacting or enforcing laws, consistent with this section, regarding the unauthorized interception or reception of any cable service or other communications service. EQUAL EMPLOYMENT OPPORTUNITY

"SEC. 634. (a) This section shall apply to any corporation, partner- 47 USC 554 ship, association, joint-stock company, or trust engaged primarily in the management or operation of any cable system. "(b) Equal opportunity in employment shall be afforded by each entity specified in subsection (a), and no person shall be discriminated against in employment by such entity because of race, color, religion, national origin, age, or sex. "(c) Any entity specified in subsection (a) shall establish, maintain, and execute a positive continuing program of specific practices designed to ensure equal opportunity in every aspect of its employment policies and practices. Under the terms of its program, each such entity shall— "(1) define the responsibility of each level of management to ensure a positive application and vigorous enforcement of its policy of equal opportunity, and establish a procedure to review and control managerial and supervisory performance; "(2) inform its employees and recognized employee organizations of the equal employment opportunity policy and program and enlist their cooperation; "(3) communicate its equal employment opportunity policy and program and its employment needs to sources of qualified applicants without regard to race, color, religion, national origin, age, or sex, and solicit their recruitment assistance on a continuing basis; "(4) conduct a continuing program to exclude every form of prejudice or discrimination based on race, color, religion, national origin, age, or sex, from its personnel policies and practices and working conditions; and "(5) conduct a continuing review of job structure and employment practices and adopt positive recruitment, training, job design, and other measures needed to ensure genuine equality of opportunity to participate fully in all its organizational units, occupations, and levels of responsibility. "(d)(1) Not later than 270 days after the effective date of this Regulations. section, and after notice and opportunity for hearing, the Commission shall prescribe rules to carry out this section. "(2) Such rules shall specify the terms under which an entity Minorities. Women. specified in subsection (a) shall, to the extent possible—

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 98 STAT. 2798

Report.

Public availability.

Investigations.

PUBLIC LAW 98-549—OCT. 30, 1984

"(A) disseminate its equal opportunity program to job applicants, employees, and those with whom it regularly does business; "(B) use minority organizations, organizations for women, media, educational institutions, and other potential sources of minority and female applicants, to supply referrals whenever jobs are available in its operation; "(C) evaluate its employment profile and job turnover against the availability of minorities and women in its franchise area; "(D) undertake to offer promotions of minorities and women to positions of greater responsibility; "(E) encourage minority and female entrepreneurs to conduct business with all parts of its operation; and "(F) analyze the results of its efforts to recruit, hire, promote, and use the services of minorities and women and explain any difficulties encountered in implementing its equal employment opportunity program. "(3) Such rules also shall require an entity specified in subsection (a) with more than 5 full-time employees to file with the Commission an annual statistical report identifying by race and sex the number of employees in each of the following full-time and part-time job categories: "(A) officials and managers; "(B) professionals; "(C) technicians; "(D) sales persons; "(E) office and clerical personnel; "(F) skilled craft persons; "(G) semiskilled operatives; "(H) unskilled laborers; and "(I) service workers. The report shall include the number of minorities and women in the relevant labor market for each of the above categories. The statistical report shall be available to the public at the central office and at every location where more than 5 full-time employees are regularly assigned to work. "(4) The Commission may amend such rules from time to time to the extent necessary to carry out the provisions of this section. Any such amendment shall be made after notice and opportunity for comment. "(e)(1) On an annual basis, the Commission shall certify each entity described in subsection (a) as in compliance with this section if, on the basis of information in the possession of the Commission, including the report filed pursuant to subsection (d)(3), such entity was in compliance, during the annual period involved, with the requirements of subsections (b), (c), and (d). "(2) The Commission shall, periodically but not less frequently than every five years, investigate the employment practices of each entity described in subsection (a), in the aggregate, as well as in individual job categories, and determine whether such entity is in compliance with the requirements of subsections (b), (c), and (d), including whether such entity's employment practices deny or abridge women and minorities equal employment opportunities. As part of such investigation, the Commission shall review whether the entity's reports filed pursuant to subsection (d)(3) accurately reflect employee responsibilities in the reported job classifications.

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Page:United States Statutes at Large Volume 98 Part 3.djvu/427

 PUBLIC LAW 98-549—OCT. 30, 1984

98 STAT. 2799

"(f)(1) If the Commission finds after notice and hearing that the entity involved has willfully or repeatedly without good cause failed to comply with the requirements of this section, such failure shall constitute a substantial failure to comply with this title. The failure to obtain certification under subsection (e) shall not itself constitute the basis for a determination of substantial failure to comply with this title. For purposes of this paragraph, the term 'repeatedly', when used with respect to failures to comply, refers to 3 or more failures during any,7-year period. "(2) Any person who is determined by the Commission, through an investigation pursuant to subsection (e) or otherwise, to have failed to meet or failed to make best efforts to meet the requirements of this section, or rules under this section, shall be liable to the United States for a forfeiture penalty of $200 for each violation. Each day of a continuing violation shall constitute a separate offense. Any entity defined in subsection (a) shall not be liable for more than 180 days of forfeitures which accrued prior to notification by the Commission of a potential violation. Nothing in this paragraph shall limit the forfeiture imposed on any person as a result of any violation that continues subsequent to such notification. In addition, any person liable for such penalty may also have any license under this Act for cable auxiliary relay service suspended until the Commission determines that the failure involved has been corrected. Whoever knowingly makes any false statement or submits documentation which he knows to be false, pursuant to an application for certification under this section shall be in violation of this section. "(3) The provisions of paragraphs (3) and (4), and the last 2 sentences of paragraph (2), of section 503(b) shall apply to forfeitures under this subsection. "(4) The Commission shall provide for notice to the public and appropriate franchising authorities of any penalty imposed under this section. "(g) Employees or applicants for employment who believe they have been discriminated against in violation of the requirements of this section, or rules under this section, or any other interested person, may file a complaint with the Commission. A complaint by any such person shall be in writing, and shall be signed and sworn to by that person. The regulations under subsection (d)(1) shall specify a program, under authorities otherwise available to the Commission, for the investigation of complaints and violations, and for the enforcement of this section. "(h)(1) For purposes of this section, the term 'cable operator' includes any operator of any satellite master antenna television system, including a system described in section 602(6)(A). "(2) Such term does not include any operator of a system which, in the aggregate, serves fewer than 50 subscribers. "(3) In any case in which a cable operator is the owner of a multiple unit dwelling, the requirements of this section shall only apply to such cable operator with respect to its employees who are primarily engaged in cable telecommunications. "(i)(l) Nothing in this section shall affect the authority of any State or any franchising authority— "(A) to establish or enforce any requirement which is consistent with the requirements of this section, including any requirement which affords equal employment opportunity protection for employees;

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 98 STAT. 2800

PUBLIC LAW 98-549—OCT. 30, 1984

"(B) to establish or enforce any provision requiring or encouraging any cable operator to conduct business with enterprises which are owned or controlled by members of minority groups (as defined in section 309(i)(3)(C)(ii)) or which have their principal operations located within the community served by the cable operator; or "(C) to enforce any requirement of a franchise in effect on the effective date of this title. "(2) The remedies and enforcement provisions of this section are in addition to, and not in lieu of, those available under this or any other law. "(3) The provisions of this section shall apply to any cable operator, whether operating pursuant to a franchise granted before, on, or after the date of the enactment of this section. "JUDICIAL PROCEEDINGS

Courts, U.S. 47 USC 555.

"SEC. 635. (a) Any cable operator adversely affected by any final determination made by a franchising authority under section 625 or 626 may commence an action within 120 days after receiving notice of such determination, which may be brought in— "(1) the district court of the United States for any judicial district in which the cable system is located; or "(2) in any State court of general jurisdiction having jurisdiction over the parties. "(b) The court may award any appropriate relief consistent with the provisions of the relevant section described in subsection (a). "COORDINATION OF FEDERAL, STATE, AND LOCAL AUTHORITY

47 USC 556.

47 USC 153.

"SEC. 636. (a) Nothing in this title shall be construed to affect any authority of any State, political subdivision, or agency thereof, or franchising authority, regarding matters of public health, safety, and welfare, to the extent consistent with the express provisions of this title. "(b) Nothing in this title shall be construed to restrict a State from exercising jurisdiction with regard to cable services consistent with this title. "(c) Except as provided in section 637, any provision of law of any State, political subdivision, or agency thereof, or franchising authority, or any provision of any franchise granted by such authority, which is inconsistent with this Act shall be deemed to be preempted and superseded. "(d) For purposes of this section, the term 'State' has the meaning given such term in section 3(v). "EXISTING FRANCHISES

47 USC 557.

^-^

"SEC. 637. (a) The provisions of— "(1) any franchise in effect on the effective date of this title, including any such provisions which relate to the designation, use, or support for the use of channel capacity for public, educational, or governmental use, and "(2) any law of any State (as defined in section 3(v)) in effect on the date of the enactment of this section, or any regulation promulgated pursuant to such law, which relates to such designation, use or support of'such channel capacity.

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 PUBLIC LAW 98-549—OCT. 30, 1984

98 STAT. 2801

shall remain in effect, subject to the express provisions of this title, and for not longer than the then current remaining term of the franchise as such franchise existed on such effective date. "(b) For purposes of subsection (a) and other provisions of this title, a franchise shall be considered in effect on the effective date of this title if such franchise was granted on or before such effective date. "CRIMINAL AND CIVIL LIABILITY

"SEC. 638. Nothing in this title shall be deemed to affect the 47 USC 558. criminal or civil liability of cable programmers or cable operators pursuant to the Federal, State, or local law of libel, slander, obscenity, incitement, invasions of privacy, false or misleading advertising, or other similar laws, except that cable operators shall not incur any such liability for any program carried on any channel designated for public, educational, governmental use or on any other channel obtained under section 612 or under similar arrangements. "OBSCENE PROGRAMMING

"SEC. 639. Whoever transmits over any cable system any matter 47 USC 559. which is obscene or otherwise unprotected by the Constitution of the United States shall be fined not more than $10,000 or imprisoned not more than 2 years, or both.". JURISDICTION

SEC. 3. (a)(1) Section 2(a) of the Communications Act of 1934 is amended by adding at the end thereof the following: "The provisions of this Act shall apply with respect to cable service, to all persons engaged within the United States in providing such service, and to the facilities of cable operators which relate to such service, as provided in title VL". (2) Section 2(b) of such Act is amended by inserting after "section 301" the following: "and title VI". (b) The provisions of this Act and amendments made by this Act shall not be construed to affect any jurisdiction the Federal Communications Commission may have under the Communications Act of 1934 with respect to any communication by wire or radio (other than cable service, as defined in section 602(5) of such Act) which is provided through a cable system, or persons or facilities engaged in such communications.

47 USC 152.

Ante, p. 2780. 47 USC 521 note. 47 USC 609.

POLE ATTACHMENTS

SEC. 4. Section 224(c) of the Communications Act of 1934 is 47 USC 224. amended by adding at the end thereof the following new paragraph: "(3) For purposes of this subsection, a State shall not be considered to regulate the rates, terms, and conditions for pole attachments— "(A) unless the State has issued and made effective rules and regulations implementing the State's regulatory authority over pole attachments; and "(B) with respect to any individual matter, unless the State takes final action on a complaint regarding such matter— "(i) within 180 days after the complaint is filed with the State, or "(ii) within the applicable period prescribed for such final action in such rules and regulations of the State, if the

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 98 STAT. 2802

PUBLIC LAW 98-549—OCT. 30, 1984 prescribed period does not extend beyond 360 days after the filing of such complaint.". UNAUTHORIZED RECEPTION OF CERTAIN COMMUNICATIONS

47 USC 605.

Crimes and misdemeanors.

SEC. 5. (a) Section 705 of the Communications Act of 1934 (as redesignated by section 6) is amended by inserting "(a)" after the section designation and by adding at the end thereof the following new subsections: "(b) The provisions of subsection (a) shall not apply to the interception or receipt by any individual, or the assisting (including the manufacture or sale) of such interception or receipt, of any satellite cable programming for private viewing if^ "(1) the programming involved is not encrypted; and "(2)(A) a marketing system is not established under which— "(i) an agent or agents have been lawfully designated for the purpose of authorizing private viewing by individuals, and "(ii) such authorization is available to the individual involved from the appropriate agent or agents; or "(B) a marketing system described in subparagraph (A) is established and the individuals receiving such programming has obtained authorization for private viewing under that system. "(c) For purposes of this section— "(1) the term 'satellite cable programming' means video programming which is transmitted via satellite and which is primarily intended for the direct receipt by cable operators for their retransmission to cable subscribers; "(2) the term 'agent', with respect to any person, includes an employee of such person; "(3) the term 'encrypt', when used with respect to satellite cable programming, means to transmit such programming in a form whereby the aural and visual characteristics (or both) are modified or altered for the purpose of preventing the unauthorized receipt of such programming by persons without authorized equipment which is designed to eliminate the effects of such modification or alteration; "(4) the term 'private viewing' means the viewing for private use in an individual's dwelling unit by means of equipment, owned or operated by such individual, capable of receiving satellite cable programming directly from a satellite; and "(5) the term 'private financial gain' shall not include the gain resulting to any individual for the private use in such individual's dwelling unit of any programming for which the individual has not obtained authorization for that use. "(d)(1) Any person who willfully violates subsection (a) shall be fined not more than $1,000 or imprisoned for not more than 6 months, or both. "(2) Any person who violates subsection (a) willfully and for purposes of direct or indirect commercial advantage or private financial gain shall be fined not more than $25,000 or imprisoned for not more than 1 year, or both, for the first such conviction and shall be fined not more than $50,000 or imprisoned for not more than 2 years, or both, for any subsequent conviction.

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 PUBLIC LAW 98-549—OCT. 30, 1984

98 STAT. 2803

"(3)(A) Any person aggrieved by any violation of subsection (a) may bring a civil action in a United States district court or in any other court of competent jurisdiction. "(B) The court may— "(i) grant temporary and final injunctions on such terms as it may deem reasonable to prevent or restrain violations of subsection (a); "(ii) award damages as described in subparagraph (C); and "(iii) direct the recovery of full costs, including awarding reasonable attorneys' fees to an aggrieved party who prevails. "(C)(i) Damages awarded by any court under this section shall be computed, at the election of the aggrieved party, in accordance with either of the following subclauses; "(I) the party aggrieved may recover the actual damages suffered by him as a result of the violation and any profits of the violator that are attributable to the violation which are not taken into account in computing the actual damages; in determining the violator's profits, the party aggrieved shall be required to prove only the violator's gross revenue, and the violator shall be required to prove his deductible expenses and the elements of profit attributable to factors other than the violation; or "(II) the party aggrieved may recover an award of statutory damages for each violation involved in the action in a sum of not less than $250 or more than $10,000, as the court considers just, "(ii) In any case in which the court finds that the violation was committed willfully and for purposes of direct or indirect commercial advantage or private financial gain, the court in its discretion may increase the award of damages, whether actual or statutory, by an amount of not more than $50,000. "(iii) In any case where the court finds that the violator was not aware and had no reason to believe that his acts constituted a violation of this section, the court in its discretion may reduce the award of damages to a sum of not less than $100. "(4) The importation, manufacture, sale, or distribution of equipment by any person with the intent of its use to assist in any activity prohibited by subsection (a) shall be subject to penalties and remedies under this subsection to the same extent and in the same manner as a person who has engaged in such prohibited activity. "(5) The penalties under this subsection shall be in addition to those prescribed under any other provision of this title. "(6) Nothing in this subsection shall prevent any State, or political subdivision thereof, from enacting or enforcing any laws with respect to the importation, sale, manufacture, or distribution of equipment by any person with the intent of its use to assist in the interception or receipt of radio communications prohibited by subsection (a). "(e) Nothing in this section shall affect any right, obligation, or liability under title 17, United States Code, any rule, regulation, or order thereunder, or any other applicable Federal, State, or local law.". (b) The amendments made by subsection (a) shall take effect on the effective date of this Act.

Courts, U.S.

Effective date. 47 USC 605 note.

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 98 STAT. 2804

PUBLIC LAW 98-549—OCT. 30, 1984 TECHNICAL AND CONFORMING AMENDMENTS

47 USC 601-610.

47 USC 309.

S E C 6. (a) Title VI of the Communications Act of 1934 (as in effect before the enactment of this Act) is redesignated as title VII, and sections 601 through 610 are redesignated as sections 701 through 710, respectively. OJXD Section 309(h) of the Communications Act of 1934 is amended by striking out "section 606" and inserting in lieu thereof "section 706". (2) Section 2511 of title 18, United States Code, is amended— (A) in subsection (2)(e), by striking out "section 605 or 606" and inserting in lieu thereof "section 705 or 706"; and (B) in subsection (2)(f), by striking out "section 605" and inserting in lieu thereof "section 705". (3) Section 105(f)(2)(C) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1805(f)(2)(C)) is amended by striking out "section 605" and inserting in lieu thereof "section 705". SUPPORT OF ACTIVITIES OF THE UNITED STATES TELECOMMUNICATIONS TRAINING INSTITUTE

SEC. 7, Nothing in this Act, the Communications Act of 1934, or any other Act, shall be construed to preclude the Federal Communications Commission or the National Telecommunications and Information Administration within the Department of Commerce from participation (including use of staff and other appropriate resources) in support of any activities of the United States Telecommunications Training Institute, TELECOMMUNICATIONS POLICY STUDY COMMISSION

SEC. 8. Title VII of the Communications Act of 1934 (as redesignated by section 6 of this Act) is amended by adding at the end thereof the following new section: TELECOMMUNICATIONS POLICY STUDY COMMISSION Establishment. 47 USC 611.

Report.

"SEC. 711. (a) There is hereby established the Telecommunications Policy Study Commission (hereinafter in this section referred to as the 'Commission') which shall— "(1) compare various domestic telecommunications policies of the United States and other nations, including the impact of all such policies on the regulation of interstate and foreign commerce, and "(2) prepare and transmit a written report thereon to the Congress, the President, and the Federal Communications Commission. "(b)(l) Such Commission shall be composed of the chairman and ranking minority members of the Committee on Commerce, Science, and Transportation and the Communications Subcommittee of the Senate and the Committee on Energy and Commerce and the Telecommunications, Consumer Protection and Finance Subcommittee of the House of Representatives (or delegates of such chairmen or members appointed by them from among members of such committees). "(2) The chairmen of such committees (or their delegates) shall be co-chairmen of the Commission.

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 PUBLIC LAW 98-549—OCT. 30, 1984

98 STAT. 2805

"(c)(1) The report under subsection (a)(2) shall be submitted not later than December 1, 1987. Such report shall contain the results of all Commission studies and investigations under this section. "(2) The Commission shall cease to exist— "(A) on December 1, 1987, if the report is not submitted in accordance with paragraph (1) on the date specified therein; or "(B) on such date (but not later than May 1, 1988) as may be determined by the Commission, by order, if the report is submitted in accordance with paragraph (1) on the date specified in such paragraph. "(d)(1) The members of the Commission who are not officers or employees of the United States, while attending conferences or meetings of the Commission or while otherwise serving at the request of the chairmen, shall be entitled to receive compensation at a rate not in excess of the maximum rate of pay for grade GS-18, as provided in the General Schedule under section 5332 of title 5 of the United States Code, including traveltime, and while away from their homes or regular places of business, they may be allowed travel expenses, including per diem in lieu of subsistence as authorized by law (5 U.S.C. 5703) for persons in the Government service employed intermittently. "(2) The Commission may appoint and fix the pay of such staff as it deems necessary. "(e)(1) In conducting its activities, the Commission may enter into contracts to the extent it deems necessary to carry out its responsibilities, including contracts with nongovernmental entities that are competent to perform research or investigations in areas within the Commission's responsibilities. "(2) The Commission is authorized to hold public hearings, forums, and other meetings to enable full public participation. "(f) The heads of the departments, agencies, and instrumentalities of the executive branch of the Federal Government shall cooperate with the Commission in carrying out this section and shall furnish to the Commission such information as the Commission deems necessary to carry out this section, in accordance with otherwise applicable law. "(g) There are authorized to be appropriated such sums as may be appropriated to carry out this section for a period of three fiscal years. "(h) Activities authorized by this section may be carried out only with funds and to the extent approved in appropriation Acts. "(i) Nothing in this section shall be construed to affect any proceedings by, or activities of, the Federal Communications Commission, except that the Federal Communications Commission shall consider submissions by the Commission submitted pursuant to subsection (a)(2).".

Contracts with U.S.

Appropriation authorization.

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Page:United States Statutes at Large Volume 98 Part 3.djvu/434

 98 STAT. 2806

PUBLIC LAW 98-549—OCT. 30, 1984 EFFECTIVE DATE

47 USC 521 note.

SEC. 9. (a) Except where otherwise expressly provided, the provisions of this Act and the amendments made thereby shall take effect 60 days after the date of enactment of this Act. 47 USC 543 note. (b) Nothing in section 623 or 624 of the Communications Act of 1934, as added by this Act, shall be construed to allow a franchising authority, or a State or any political subdivision of a State, to require a cable operator to restore, retier, or reprice any cable service which was lawfully eliminated, retiered, or repriced as of September 26, 1984. Approved October 30, 1984.

LEGISLATIVE HISTORY—S. 66 (H.R. 4103): HOUSE REPORT No. 98-934 accompanying H.R. 4103 (Comm. on Energy and eommerce). SENATE REPORT No. 98-67 (Comm. on Commerce, Science, and Transportation). CONGRESSIONAL RECORD: Vol. 129 (1983): June 13, 14, considered and passed Senate. Vol. 130 (1984): Oct 1, H.R. 4103 considered and passed House; S. 66, amended, passed in lieu. Oct. 11, Senate concurred in House amendments with amendments; House concurred in Senate amendments.

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Page:United States Statutes at Large Volume 98 Part 3.djvu/435

 PUBLIC LAW 98-550—OCT. 30, 1984

98 STAT. 2807

Public Law 98-550 98th Congress An Act To designate certain national forest system lands in the State of Wyoming for inclusion in the National Wilderness Preservation System, to release other forest lands for multiple use management, to withdraw designated wilderness areas in Wyoming from minerals activity, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, TITLE I—SHORT TITLE, FINDINGS AND PURPOSES SHORT TITLE

SEC. 101. This Act may be cited as "The Wyoming Wilderness Act of 1984". DECLARATION OF FINDINGS AND PURPOSES

SEC. 102. (a) The Congress finds that— (1) certain areas of undeveloped national forest lands in the State of Wyoming possess outstanding natural characteristics giving them high values as wilderness and will, if properly preserved, be an enduring resource of wilderness for the benefit of the American people; (2) review and evaluation of roadless and undeveloped lands in the National Forest System of Wyoming have identified those areas which, on the basis of their landform, ecosystem, associated wildlife, and location, will help to fulfill the National Forest System's share of a quality National Wilderness Preservation System; and (3) review and evaluation of roadless and undeveloped lands in the National Forest System in Wyoming have also identified those areas which should be specially managed, deserve further study, or which should be available for multiple uses other than wilderness, subject to the Forest Service's land management planning process and the provisions of this Act. (b) The purposes of this Act are to— (1) designate certain National Forest System lands in Wyoming for inclusion in the National Wilderness Preservation System in order to preserve the wilderness character of the land and to protect watersheds and wildlife habitat, preserve scenic and historic resources, and promote scientific research, primitive recreation, solitude, physical and mental challenge, and inspiration for the benefit of all of the American people; and (2) insure that certain National Forest System lands in the State of Wyoming be made available for uses other than wilderness in accordance with applicable national forest laws and planning procedures and the provisions of this Act.

Oct. 30, 1984 [S. 543]

The Wyoming Wilderness Act of 1984. National Wilderness Preservation System. National Forest System.

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Page:United States Statutes at Large Volume 98 Part 3.djvu/436

 98 STAT. 2808

PUBLIC LAW 98-550—OCT. 30, 1984 TITLE II—ADDITIONS TO THE NATIONAL WILDERNESS PRESERVATION SYSTEM

16 USC 1131 note.

16 USC 1132 note.

16 USC 1132 note.

16 USC 1132 note.

16 USC 1132 note.

16 USC 1132 note.

16 USC 1132 note.

16 USC 1132 note.

16 USC 1132 note.

SEC. 20L (a) In furtherance of the purposes of the Wilderness Act (78 Stat. 890), the following National Forest System lands in the State of Wyoming, as generally depicted on maps appropriately referenced herein, are hereby designated as wilderness, and, therefore, as components of the National Wilderness Preservation System: (1) certain lands in the Bighorn National Forest, which comprise approximately one hundred ninety-five thousand five hundred acres as generally depicted on a map entitled "Cloud Peak Wilderness Area—Proposed", dated September 1984, and which shall be known as the Cloud Peak Wilderness; (2) certain lands in the Shoshone National Forest, which comprise approximately one hundred and one thousand nine hundred and ninety-one acres, as generally depicted on a map entitled "Popo Agie Wilderness Area—Proposed", dated September 1982, and which shall be known as the Popo Agie Wilderness; (3) subject to valid existing rights and reasonable access to exercise such rights, certain lands in the Bridger-Teton National Forest, which comprise approximately two hundred eighty-seven thousand acres, as generally depicted on a map entitled "Gros Ventre Wilderness Area—Proposed", dated September 1984, and which shall be known as the Gros Ventre Wilderness; (4) certain lands in the Bridger-Teton National Forest, which comprise approximately fourteen thousand acres, as generally depicted on a map entitled, "Winegar Hole Wilderness Area— Proposed", dated September 1984, and which shall be known as the Winegar Hole Wilderness; (5) certain lands in the Targhee National Forest which comprise approximately one hundred sixteen thousand five hundred and thirty-five acres as generally depicted on a map entitled, "Jedediah Smith Wilderness Area—Proposed", dated September 1984, and which shall be known as the Jedediah Smith Wilderness; (6) subject to section 201(c) of this Act, certain lands in the Medicine Bow National Forest which comprise approximately thirty-one thousand three hundred acres as generally depicted on a map entitled, "Huston Park Wilderness Area—Proposed", dated September 1984, and which shall be known as the Huston Park Wilderness; (7) subject to section 201(c) of this Act, certain lands in the Medicine Bow National Forest which comprise approximately ten thousand four hundred acres as generally depicted on a map entitled, "Encampment River Wilderness Area—Proposed", dated September 1984, and which shall be known as the Encampment River Wilderness; (8) subject to section 201(c) of this Act, certain lands in the Medicine Bow and Routt National Forests of Wyoming and Colorado, which comprise approximately twenty-three thousand acres as generally depicted on a map entitled, "Platte River Wilderness Area—Proposed", dated September 1984, and which shall be known as the Platte River Wilderness;

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 PUBLIC LAW 98-550—OCT. 30, 1984

98 STAT. 2809

(9) certain lands in the Bridger-Teton National Forest, which comprise approximately twenty-eight thousand one hundred and fifty-six acres as generally depicted on a map entitled, "Corridor Addition to the Teton Wilderness Area—Proposed", dated September 1982, and which are hereby incorporated in and which shall be deemed a part of the Teton Wilderness as designated by Public Law 88-577; (10) certain lands in the Bridger-Teton National Forest which comprise approximately thirty-six thousand acres as generally depicted on maps entitled, "Silver Creek Addition to the Bridger Wilderness—Proposed", and "Newfork Lake Addition to the Bridger Wilderness—Proposed", dated September 1984, and which are hereby incorporated in and which shall be deemed a part of the Bridger Wilderness as designated by Public Law 88-577; (11) certain lands in the Shoshone National Forest, which comprise approximately six thousand four hundred and ninetyseven acres, as generally depicted on a map entitled, "Glacier Addition to the Fitzpatrick Wilderness—Area Proposed", dated September 1982, which are hereby incorporated in and which shall be deemed a part of the Fitzpatrick Wilderness as designated by Public Law 94-557 and Public Law 94-567: Provided, That within the area referred to in this subparagraph, occasional motorized access for administrative purposes and related activities as determined necessary by the Secretary for habitat management, trapping, transporting and proper management of the area's bighorn sheep population may be allowed; (12) certain lands in the Shoshone National Forest, which comprise approximately ten thousand acres, as generally depicted on a map entitled, "South Fork Addition to the Washakie Wilderness—Proposed", dated September 1984, and which are hereby incorporated in and which shall be deemed a part of the Washakie Wilderness as designated by Public Law 92-476; and (13) certain lands in the Shoshone National Forest, which comprise approximately twenty-three thousand seven hundred and fifty acres, as generally depicted on a map entitled, "High Lakes Addition to the Absaroka-Beartooth Wilderness— Proposed", dated September 1984, and which are hereby incorporated in and which shall be deemed a part of the Absaroka-Beartooth Wilderness as designated by Public Law 95-249. Qo) The previous classification of each of the following is hereby abolished: the Cloud Peak Primitive Area, the Popo Agie Primitive Area, and the Glacier Primitive Area. (c) The designation and continued existence of the Huston Park, Encampment River, Platte River and Savage Run Wildernesses shall not, under any Federal law, in any way impair or affect any present or future water rights for, and shall not prevent, impair, or in any way affect construction, operation or maintenance of, the Stage II or Stage III water development projects as presently defined in Wyoming Statutes, section 41-2-204(a) (iii) and (iv) (1984 Cum. Supp.), (Wyoming Laws 1979, ch. 126, sec. 1), or any subsequent modification thereof, including the water rights required therefor, to the extent that such modification provides for the diversion and transportation of water in the Little Snake River Basin for storage or use in said basin or in Wyoming east of the Continental Divide. No term or condition shall be imposed on any permit, license, right-

16 USC 1131 note.

16 USC 1132 note.

16 USC 1132 note.

16 USC 1132 note.

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Page:United States Statutes at Large Volume 98 Part 3.djvu/438

 98 STAT. 2810

PUBLIC LAW 98-550—OCT. 30, 1984

of-way or other authorization for said projects on the basis of any present or future wilderness characteristics, wilderness designations, or wilderness studies or evaluations of lands in the Medicine Bow National Forest or in Natrona, Sweetwater, or Carbon Counties in Wyoming. LEGAt. DESCRIPTION AND WILDERNESS BOUNDARIES

Public availability.

SEC. 202. As soon as particable after the enactment of this Act, a map and a legal description of each area described in titles II and III shall be filed with the Committee on Energy and Natural Resources of the United States Senate and the Committee on Interior and Insular Affairs of the House of Representatives, and each such map and description shall have the same force and effect as if included in this Act, except that correction of clerical and typographical errors in each such legal description and map may be made. Each such map and legal description shall be on file and available for public inspection in the Office of the Chief of the Forest Service, Department of Agriculture. APPLICATION OF THE WILDERNESS ACT OF 1964

Effective date. 16 USC 1131 note.

SEC. 203. Subject to valid existing rights, each wilderness area designated by this Act shall be administered by the Secretary in accordance with the provisions of this Act and the Wilderness Act, except that any reference in the provisions of the Wilderness Act to the effective date of the Wilderness Act shall be deemed to be a reference to the effective date of this Act. TITLE III—WILDERNESS STUDY AREAS

16 USC 1600 note.

Reports.

SEC. 301. (a) In furtherance of the purposes of the Wilderness Act, the Secretary of Agriculture shall, upon revision of the initial land management plans for the Bridger-Teton, Targhee, and Shoshone National Forests required by the Forest and Rangeland Renewable Resources Planning Act of 1974, as amended by the National Forest Management Act of 1976, review the following lands as to their suitability for preservation as wilderness: (1) certain lands in the Bridger-Teton and Targhee National Forests of Wyoming, which comprise approximately one hundred and thirty-five thousand eight hundred and forty acres, as generally depicted on a map entitled "Palisades Wilderness Study Area—Proposed", dated September 1984, and which shall be known as the Palisades Wilderness Study Area; (2) certain lands in the Bridger-Teton National Forest, which comprise approximately thirty thousand acres, as generally depicted on a map entitled "Shoal Creek Wilderness Study Area—Proposed", dated September 1984, and which shall be known as the Shoal Creek Wilderness Study Area; and (3) certain lands in the Shoshone National Forest of Wyoming, which comprise approximately fourteen thousand seven hundred acres, as generally depicted on a map entitled "High Lakes Wilderness Study Area—Proposed", dated September 1984, and which shall be known as the High Lakes Wilderness Study Area. (b) Subsequent to such review the Secretary shall submit his reports and findings to the President and the President shall submit

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Page:United States Statutes at Large Volume 98 Part 3.djvu/439

 PUBLIC LAW 98-550—OCT. 30, 1984

98 STAT. 2811

his recommendations to the Congress within three years of the date of receipt of the Secretary's report. (c) Subject to vaHd existing rights and reasonable access to exercise such rights, until Congress determines otherwise, the Palisades, High Lakes and Shoal Creek Wilderness Study Areas shall be administered by the Secretary of Agriculture so as to maintain their presently existing wilderness character and potential for inclusion in the National Wilderness Preservation System: Provided, That— (1) with respect to oil and gas exploration and development activities, the Palisades Wilderness Study Area shall be administered under reasonable conditions to protect the environment according to the laws and regulations generally applicable to nonwilderness lands within the National Forest System; (2) subject to valid existing rights, the Palisades Wilderness Study Area as designated by this Act is hereby withdrawn from all forms of appropriation under the mining laws; (3) the provisions of section 308 of the Interior Department Appropriations Act for fiscal year 1984 (Public Law 98-146) or similar provisions which may hereafter be enacted concerning oil and gas leasing, exploration and development in further planning or wilderness study areas shall not apply to the Palisades Wilderness Study Area; and (4) within the Palisades, High Lakes and Shoal Creek Wilderness Study Areas, snowmobiling shall continue to be allowed in the same manner and degree as was occurring prior to the date of enactment of this Act.

Petroleum and petroleum products.

97 Stat. 951.

TITLE IV-RELEASE OF LANDS FOR MULTIPLE USE MANAGEMENT ADMINISTRATIVE AND CONGRESSIONAL REVIEW OF ROADLESS AREAS

SEC. 401. (a) The Congress finds that— (1) the Department of Agriculture has completed the second roadless area review and evaluation program (RARE II); and (2) the Congress has made its own review and examination of national forest roadless areas in Wyoming and the environmental impacts associated with alternative allocations of such areas. Ob) On the basis of such review, the Congress hereby determines and directs that— (1) without passing on the question of the legal and factual sufficiency of the RARE II final environmental statement (dated January 1979) with respect to national forest lands in States other than Wyoming, such statement shall not be subject to judicial review with respect to National Forest System lands in the State of Wyoming; (2) with respect to the national forest lands in the State of Wyoming which were reviewed by the Department of Agriculture in the second roadless area review and evaluation (RARE II) and those lands referred to in subsection (d) except those lands remaining in wilderness study upon enactment of this Act and subject to section 301, that review and evaluation or reference shall be deemed for the purposes of the initial land management plans required for such lands by the Forest and Rangeland Renewable Resources Planning Act of 1976 (Public Law 94-588) to be an adequate consideration of the suitability of such lands for inclusion in the National Wilderness Preserva-

Conservation.

16 USC 1600 note.

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Page:United States Statutes at Large Volume 98 Part 3.djvu/440

 98 STAT. 2812

16 USC 1604.

PUBLIC LAW 98-550—OCT. 30, 1984

tion System and the Department of Agriculture shall not be required to review the wilderness option prior to the revisions of the plans, but shall review the wilderness option when the plans are revised, which revisions will ordinarily occur on a ten-year cycle, or at least every fifteen years, unless, prior to such time, the Secretary finds that conditions in a unit have significantly changed; (3) areas in the State of Wyoming reviewed in such final environmental statement or referred to in subsection (d) and not designated wilderness or wilderness study upon enactment of this Act shall be managed for multiple use in accordance with land management plans pursuant to section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974 as amended by the National Forest Management Act of 1976: Provided, That such areas need not be managed for the purpose of protecting their suitability for wilderness designation prior to or during revision of the initial land management plans; (4) in the event that revised land management plans in the State of Wyoming are implemented pursuant to section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974 as amended by the National Forest Management Act of 1976, and other applicable law, areas not recommended for wilderness designation need not be managed for the purpose of protecting their suitability for wilderness designation prior to or during revision of such plans and areas recommended for wilderness designation shall be managed for the purpose of protecting their suitability for wilderness designation as may be required by the Forest and Rangeland Renewable Resources Planning Act of 1974 as amended by the National Forest Management Act of 1976, and other applicable law; and (5) unless expressly authorized by Congress, the Department of Agriculture shall not conduct any further statewide roadless area review and evaluation of National Forest System lands in the State of Wyoming for the purpose of determining their suitability for inclusion in the National Wilderness Preservation System. (c) As used in this section, and as provided in section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974 as amended by the National Forest Management Act of 1976, the term "revision" shall not include an "amendment" to a plan. (d) The provisions of this section shall also apply to: (1) National Forest System roadless areas or portions thereof in the State of Wyoming identified by unit plans listed at the end of this subparagraph, which are not designated as wilderness by this Act: National Forest Bridger-Teton Bridger-Teton Bridger-Teton Bridger-Teton Targhee Targhee Medicine Bow Medicine Bow Shoshone

Unit Plan Union Pass Big Piney Spread Creek North Gros Ventre West Slope-Tetons Island Park Huston Park Savage Run Beartooth Plateau

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Page:United States Statutes at Large Volume 98 Part 3.djvu/441

 PUBLIC LAW 98-550—OCT. 30, 1984

98 STAT. 2813

(2) that portion of the Beartooth-High Lakes Area not included in wilderness or wilderness study by this Act; and (3) national forest roadless lands'in the State of Wyoming which are less than five thousand acres in size. (e) The provisions of this section shall not apply to the area referred to in section 5 of Public Law 92-476 (86 Stat. 792) and generally known as the Dunoir Special Management Unit, which shall continue to be managed pursuant to Public Law 92-476.

16 USC 1132 note.

TITLE V—MISCELLANEOUS PROVISIONS GRAZING IN WILDERNESS AREAS

SEC. 501. The Secretary of Agriculture is directed to review all policies, practices, and regulations of the Department of Agriculture regarding livestock grazing in national forest wilderness areas in the State of Wyoming in order to insure that such policies, practices, and regulations fully conform with and implement the intent of Congress regarding grazing in such areas, as such intent is expressed in the Wilderness Act, as interpreted by Public Law 98406. STATE WATER ALLOCATION AUTHORITY

Animals.

16 USC 1131 note. Ante, p. 1485.

SEC. 502. As provided in section 4(d)(6) of the Wilderness Act, except as provided in section 201(c) of this Act, nothing in this Act shall constitute an express or implied claim or denial on the part of the Federal Government as to exemption from Wyoming water laws. STATE FISH AND WILDLIFE AUTHORITY

SEC. 503. As provided in section 4(d)(7) of the Wilderness Act, nothing in this Act shall be construed as affecting the jurisdiction or responsibilities of the State of Wyoming with respect to wildlife and fish in the national forests in Wyoming.

16 USC 1133.

PROHIBITION ON BUFFER ZONES

SEC. 504. Congress does not intend that the designation of wilderness areas in the State of Wyoming lead to the creation of protective perimeters or buffer zones around each wilderness area. The fact that nonwilderness activities or uses can be seen or heard from within any wilderness area shall not, of itself, preclude such activities or uses up to the boundary of the wilderness area. PROTECTION OF ARCHAEOLOGICAL RESOURCES

SEC. 505. (a) Within the areas described in sections 201 and 301, and within any previously-designated components of the National Wilderness Preservation System in the State of Wyoming, and in furtherance of the purposes of the Wilderness Act, section 6 of the National Forest Management Act, the Archaeological Resources and Protection Act, and the Historic Preservation Act, the Secretary shall cooperate with the Secretary of the Interior and with agencies and institutions of the State of Wyoming, in conducting a cultural resources management program. (b) Such program shall have as its purpose the protection of archaeological sites and interpretation of such sites for the public benefit and knowledge, and compliance with all Federal and State

16 USC 1604, 470aa note, 470 note.

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Page:United States Statutes at Large Volume 98 Part 3.djvu/442

 98 STAT. 2814

Provisions held invalid.

PUBLIC LAW 98-550—OCT. 30, 1984

historic and cultural resource preservation statutes, regulations, guidelines, and standards, insofar as these activities are compatible with the purposes for which the affected lands were designated as wilderness or special management areas. SEC. 506. If any provision of this Act or the application thereof is ^gj^ invalid, the remainder of the Act and the application thereof shall not be affected thereby. Approved October 30, 1984.

LEGISLATIVE HISTORY—S. 543: SENATE REPORT No. 98-54 (Comm. on Energy and Natural Resources). CONGRESSIONAL RECORD: Vol. 129 (1983): Apr. 13, considered and passed Senate. Vol. 130 (1984): Oct. 2, considered and passed House, amended. Oct. 3, Senate concurred in House amendment.

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text:
Author:Francesco Sansone

Articles in Popular Science Monthly

 * 1.

title: Author:Francesco Sansone


text:
Page:United States Statutes at Large Volume 98 Part 3.djvu/443

 PUBLIC LAW 98-551—OCT. 30, 1984 Public Law 98-551 98th Congress

98 STAT. 2815

An Act

To revise and extend provisions of the Public Health Service Act relating to health promotion and disease prevention, to provide for the establishment of centers for research and demonstrations concerning health promotion and disease prevention, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Health Promotion and Disease Prevention Amendments of 1984". SEC. 2. (a)(1) Section 1701(a) of the Public Health Service Act (42 U.S.C. 300u(a)) is amended— (A) by striking out "and" after the semicolon in paragraph (8); (B) by striking out the period at the end of paragraph (9) and inserting in lieu thereof a semicolon and "and"; (C) by inserting after paragraph (9) the following new paragraph: "(10) establish in the Office of the Assistant Secretary for Health an Office of Disease Prevention and Health Promotion, which shall— "(A) coordinate all activities within the Department which relate to disease prevention, health promotion, preventive health services, and health information and education with respect to the appropriate use of health care; "(B) coordinate such activities with similar activities in the private sector; "(C) establish a national information clearinghouse to facilitate the exchange of information concerning matters relating to health information and health promotion, preventive health services, and education in the appropriate use of health care, to facilitate access to such information, and to assist in the analysis of issues and problems relating to such matters; and "(D) support projects, conduct research, and disseminate information relating to preventive medicine, health promotion, and physical fitness and sports medicine."; (D) by striking out "and with health planning and resource development activities undertaken under titles XV and XVI" in the last sentence; and (E) by adding at the end thereof the following: "The Secretary shall appoint a Director for the Office of Disease Prevention and Health Promotion established pursuant to paragraph (10) of this subsection. The Secretary shall administer this title in cooperation with health care providers, educators, voluntary organizations, businesses, and State and local health agencies in order to encourage the dissemination of health information and health promotion activities.". (2) Section 1701(b) of such Act is amended to read as follows:

Oct. 30, 1984 [S. 771]

Health Promotion and Disease Prevention Amendments of 1984. 42 USC 201 note. Education.

Office of Disease Prevention and Health Promotion, establishment.

42 USC 300k-l, 300q.

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Page:United States Statutes at Large Volume 98 Part 3.djvu/444

 98 STAT. 2816

PUBLIC LAW 98-551—OCT. 30, 1984

"(b) To carry out this title, there are authorized to be appropriated $9,000,000 for the fiscal year ending September 30, 1985, $9,500,000 for the fiscal year ending September 30, 1986, and $10,000,000 for the fiscal year ending September 30, 1987.". (b) Paragraph (6) of section 1704 of such Act (42 U.S.C. 300u-3(6)) IS rGOGfl-lGd

(c) Sections 1706, 1707, 1708, 1709, and 1710 of such Act (42 U.S.C. 300U-5, 300U-6, 300u-7, 300u-8, and 300u-9) are repealed. (d) Title XVII of such Act is amended by adding at the end thereof the following new sections: "CENTERS FOR RESEARCH AND DEMONSTRATION OF HEALTH PROMOTION AND DISEASE PREVENTION

42 USC 300U-5. Grants.

Study. Study.

"SEC. 1706. (a) The Secretary shall make grants or enter into contracts with academic health centers for the establishment, maintenance, and operation of centers for research and demonstration with respect to health promotion and disease prevention. Centers established, maintained, or operated under this section shall undertake research and demonstration projects in health promotion, disease prevention, and improved methods of appraising health hazards and risk factors, and shall serve as demonstration sites for the use of new and innovative research in public health techniques to prevent chronic diseases. "(b) Each center established, maintained, or operated under this section shall— "(1) be located in an academic health center with— "(A) a multidisciplinary faculty with expertise in public health and which has working relationships with relevant groups in such fields as medicine, psychology, nursing, social work, education and business; "(B) graduate training programs relevant to disease prevention; "(C) a core faculty in epidemiology, biostatistics, social sciences, behavioral and environmental health sciences, and health administration; "(D) a demonstrated curriculum in disease prevention; "(E) a capability for residency training in public health or preventive medicine; and "(F) such other qualifications as the Secretary may prescribe; "(2) conduct— "(A) health promotion and disease prevention research, including retrospective studies and longitudinal prospective studies in population groups and communities; "(B) demonstration projects for the delivery of services relating to health promotion and disease prevention to defined population groups using, as appropriate, community outreach and organization techniques and other methods of educating and motivating communities; and "(C) evaluation studies on the efficacy of demonstration projects conducted under subparagraph (B) of this paragraph. The design of any evaluation study conducted under subparagraph (C) shall be established prior to the commencement of the demonstration project under subparagraph (B) for which the evaluation will be conducted.

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Page:United States Statutes at Large Volume 98 Part 3.djvu/445

 PUBLIC LAW 98-551—OCT. 30, 1984

98 STAT. 2817

"(c)(1) During fiscal year 1985, the Secretary shall make grants or enter into contracts for the establishment of three centers under this section. During fiscal year 1986, the Secretary shall make grants and enter into contracts for the establishment of five centers under this section and the maintenance and operation of the three centers established under this section in fiscal year 1985. During fiscal year 1987, the Secretary shall make grants and enter into contracts for the establishment of five centers under this section and the operation and maintenance of the eight centers established under this section in fiscal years 1985 and 1986. "(2)(A) In making grants and entering into contracts under this section, the Secretary shall provide for an equitable geographical distribution of centers established, maintained, and operated under this section and for the distribution of such centers among areas containing a wide range of population groups which exhibit incidences of diseases which are most amenable to preventive intervention. "(B) The Secretary, through the Director of the Centers for Disease Control and in consultation with the Director of the National Institutes of Health, shall establish procedures for the appropriate peer review of applications for grants and contracts under this section by peer review groups composed principally of non-Federal experts. "(d) For purposes of this section, the term 'academic health center' means a school of medicine, a school of osteopathy, or a school of public health, as such terms are defined in section 701(4). "(e) To carry out this section, there are authorized to be appropriated $3,000,000 for the fiscal year ending September 30, 1985, $8,000,000 for the fiscal year ending September 30, 1986, and $13,000,000 for the fiscal year ending September 30, 1987.". SEC. 3. Subsection (a) of section 338G of the Public Health Service Act (42 U.S.C. 254r(a)) is amended by inserting "clinical psychologists," after "pharmacists,". SEC. 4. (a) Section 526(a)(2) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360bb(a)(2)) is amended by striking out "which occurs so infrequently in the United States that" and inserting in lieu thereof "which (A) affects less than 200,000 persons in the United States, or (B) affects more than 200,000 in the United States and for which". (b) Section 5(b)(2) of the Orphan Drug Act (21 U.S.C. 360ee(b)(2)) is amended by striking out "which occurs so infrequently in the United States that" and inserting in lieu thereof "which (A) affects less than 200,000 persons in the United States, or (B) affects more than 200,000 in the United States and for which". SEC. 5. (a) Section 305 of the Public Health Service Act (42 U.S.C. 242c) is amended— (1) by striking out "National Center for Health Services Research" and inserting in lieu thereof "National Center for Health Services Research and Health Care Technology Assessment"; (2) in subsection (b), by striking out "and" at the end of paragraph (3), by striking out the period at the end of paragraph (4) and inserting in lieu thereof "; and", and by adding after paragraph (4) the following: "(5) the safety, efficacy, effectiveness, cost effectiveness, economic, and social impacts of health care technologies."; and

Contracts with U.S.

Contracts with U.S.

Contracts with U.S.

Appropriation authorization.

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Page:United States Statutes at Large Volume 98 Part 3.djvu/446

 98 STAT. 2818

Science and technology.

Grants. Contracts with U.S. Science and technology.

National Advisory Council on Health Care Technology Assessment, establishment.

PUBLIC LAW 98-551—OCT. 30, 1984

(3) by redesignating subsection (e) as subsection (i) and by adding after subsection (d) the following: "(e)(1) The Center shall advise the Secretary respecting health care technology issues and make recommendations with respect to whether specific health care technologies should be reimbursable under federally financed health programs. "(2) In making recommendations respecting health care technol( ^ e s, the Center shall consider the safety, efficacy, and effectiveness, and, as appropriate, the cost-effectiveness and appropriate uses of the technology. "(3) In carrying out its responsibilities under this section respecting health care technolc^es, the Center shall cooperate and consult with the National Institutes of Health, the Food and Drug Administration, and any other interested Federal departments or agencies. "(f)(1) The Secretary, acting through the Center, shall undertake and support (by grant or contract) research regarding technology difTusion, methods to assess health care technology, and specific health care technologies. "(2) Any grant or contract under paragraph (1), the direct cost of which will exceed $50,000, may be made or entered into only after consultation with the National Advisory Council on Health Care Technolc^y Assessment. "(g)(1) There is established the National Advisory Council on Health Care Technology Assessment (hereinafter in this section referred to as the 'Council'). The Council shall advise the Secretary and the Director of the Center with respect to the performance of the health care technology assessment functions prescribed by this section. The Council shall assist the Director in developing criteria and methods to be used by the dlenter in making h e ^ t h care technology coverage recommendations. "(2) The Council shall consist of— "(A) the Director of the National Institutes of Health, the Chief Medical Director of the Veterans' Administration, the Assistant Secretary for Health and Environment of the Department of Defense, the head of the Centers for Disease Control, the head of the Health Care Financing Administration, and such other Federal officials as the Secretary may specify, who shall be ex officio members, and "(B) twelve voting members appointed by ths Secretary. "(3) The Secretary shall make appointments to the (I!ouncil as follows: "(A) The Secretary shall appoint six members of the C!ouncil from individuals who are distinguished in the fields of medicine, engineering, and science (including social science) and shall appoint four members from individuals who are distinguished in the fields of law, ethics, economics, and management. Of the members appointed under this subparagraph— "(i) at least two shall be physicians, "(ii) two shall be selected from individuals who represent business entities engaged in development or production of medical technol(^;y, "(iii) one shall be selected from individuals who represent hospital administrators, and "(iv) one shall be selected from individuals who represent health insurance companies or self-insured employers.

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Page:United States Statutes at Large Volume 98 Part 3.djvu/447

 PUBLIC LAW 98-551—OCT. 30, 1984

98 STAT. 2819

"(B) The Secretary shall appoint two members from members of the general public who represent the interest of consumers of health care. "(4)(A) Each appointed member of the Council shall be appointed for a term of three years, except that— "(i) any member appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed for the remainder of such term; and "(ii) of the members first appointed after the date of the enactment of this subsection, four shall be appointed for a term of three years, four shall be appointed for a term of two years, and four shall be appointed for a term of one year, as designated by the Secretary at the time of appointment. Appointed members may be appointed for additional terms and may serve after the expiration of their terms until their successors have taken office. "(B) Members of the Council who are not officers or employees of the United States shall receive for each day they are engaged in the performance of the functions of the Council compensation at rates not to exceed the daily equivalent of the annual rate in effect for grade GS-18 of the General Schedule, including traveltime; and all 5 USC 5332 note, members, while so serving away from their homes or regular places of business, may be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as such expenses are authorized by section 5703 of title 5, United States Code, for persons in the Government service employed intermittently. "(5) The Council shall annually elect one of its appointed members to serve as Chairman until the next election. "(6) The Council shall meet at the call of the Chairman, but not less often than three times a year. "(7) The Director of the Center shall (A) designate a member of the staff of the Center to act as Executive Secretary of the Council, and (B) make available to the Council such staff, information, and other assistance as it may require to carry out its functions. "(h) In each fiscal year, seven and one-half percent of the amount Contracts with made available under section 2113 for such fiscal year for evalua- U.S. tions shall be made available to the Assistant Secretary for Health ^i"^"*^ to conduct or support (by both grants and contracts) through the ^*^* ^^^ Center, evaluations of health services and health care technology which evaluations are not being conducted or supported under this section or section 304.". (b) Subsection (i) of such section (as so redesignated) is amended by striking out "subsections (b), (c), and (d) of. (c)(1) Section 304 of such Act (42 U.S.C. 242b) is amended by striking out "National Center for Health Services Research" each place it occurs and inserting in lieu thereof "National Center for Health Services Research and Health Care Technology Assessment". (2) Such section is amended by striking out ", the National Center for Health Statistics, and the National Center for Health Care Technology" each place it occurs and inserting in lieu thereof "and the National Center for Health Statistics". (3) Such section is amended by striking out ", the National Center for Health Statistics, or the National Center for Health Care Technology" and inserting in lieu thereof "or the National Center for Health Statistics".

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text: Author:Arnold Schafft

title: Author:Arnold Schafft


text:
Page:United States Statutes at Large Volume 98 Part 3.djvu/448

 98 STAT. 2820

42 USC 242c.

PUBLIC LAW 98-551—OCT. 30, 1984

(4) The heading for such section is amended by striking out "and Health Care Technology" and inserting in lieu thereof ", and Health Care Technology Assessment". SEC. 6. Section 305(c) is amended— (1) by redesignating paragraphs (1), (2), and (3) as subparagraphs (A), (B), and (C), respectively; (2) by inserting "(1)" before "The"; and (3) by adding at the end thereof the following new paragraph: "(2) In carrying out this section, the Secretary shall assist State and local health agencies through a user liaison program and a technical assistance program.". SEC. 7. (a)(1) The first sentence of paragraph (1) of section 308(i) of such Act (42 U.S.C. 242m(i)) is amended by striking out "and" after "1983," and by inserting before the period a comma and the following: "$20,500,000 for the fiscal year ending September 30, 1985, $22,750,000 for the fiscal year ending September 30, 1986, and $24,750,000 for the fiscal year ending September 30, 1987". (2) The second sentence of such paragraph is amended (A) by inserting after "Research" the following: "and Health Care Technology Assessment", and (B) by striking out "and at least 5 per centum of such amount or $1,000,000, whichever is less, shall be available only for dissemination activities directly undertaken through such Center" and inserting in lieu thereof "and at least 10 per centum of such amount or $1,500,000, whichever is less, shall be available only for the user liaison program and the technical assistance program referred to in section 305(c)(2) and for dissemination activities directly underteiken through such Center". (3) Such paragraph is amended by adding after the second sentence the following: "For health care technology assessment activities undertaken under subsections (b)(5), (e), (f), and (g) of section 305 the Secretary shall obligate from funds appropriated under this paragraph not less than $3,000,000 for the fiscal year ending September 30, 1985, $3,500,000 for the fiscal year ending September 30, 1986, and $4,000,000 for the fiscal year ending September 30, 1987. For grants under section 309 the Secretary shall obligate from funds appropriated under this paragraph not less than $500,000 for the fiscal year ending September 30, 1985, $750,000 for the fiscal year ending September 30, 1986, and $750,000 for the fiscal year ending September 30, 1987.". (4) The last sentence of such paragraph is amended by striking out "for each" through "1984," and inserting in lieu thereof "for any fiscal year". (b) Paragraph (2) of such section is amended by striking out "and" after "1983," and by inserting before the period a comma and the following: "$47,000,000 for the fiscal year ending September 30, 1985, $49,000,000 for the fiscal year ending September 30, 1986, and $52,000,000 for the fiscal year ending September 30, 1987". SEC. 8. Section 309 of the Public Health Service Act (42 U.S.C. 242n) is amended to read as follows: "COUNCIL ON HEALTH CARE TECHNOLOGY

Grants.

"SEC. 309. (a)(1) In accordance with this section, the Secretary shall make grants for the planning, development, establishment, and operation of a Council on Health Care Technology. The Council shall comply with the provisions of this section.

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COR 13th June 1798, and held office to 17th March 1801. He was selected by Pitt with the expectation of his being able to carry through the Union when once the Insurrection was suppressed. It was Lord Cornwallis's decided conviction that the measure was essential for the security and permanence of the British Empire. His policy and character cannot be better depicted than in the following extracts from his private despatches to Pitt, the Duke of Portland, and others:—(28th June 1798.) "I am much afraid that any man in a brown coat who is found within several miles of the field of action is butchered without discrimination. It shall be one of my first objects to soften the ferocity of our troops … I shall immediately authorize the general officers … to offer to the deluded wretches who are still wandering about in considerable bodies, and are committing still greater cruelties than they themselves suffer, the permission of returning quietly to their homes, on their delivering up their arms and taking the oath of allegiance; and I shall use my utmost exertions to suppress the folly which has been too prevalent in this quarter, of substituting the word Catholicism instead of Jacobinism as the foundation of the present rebellion." (1st July.) "The life of a Lord-Lieutenant of Ireland comes up to my idea of perfect misery, but if I can accomplish the great object of consolidating the British Empire I shall be sufficiently repaid." (8th July.) "The Irish militia are totally without discipline, contemptible before the enemy when any serious resistance is made to them, but ferocious and cruel in the extreme when any poor wretches, either with or without arms, come into their power: in short, murder appears to be their favourite pastime… The principal persons of this country, and the members of both Houses of Parliament, are in general averse to all acts of clemency, and although they do not express, and perhaps are too much heated to see the ultimate effects which their violence must produce, would pursue measures that could only terminate in the extirpation of the greater number of the inhabitants, and in the utter destruction of the country." (9th July.) "Although there is no enemy here to oppose a large body of our troops in the field, we are still engaged in a war of plunder and massacre; but I am in great hopes that, partly by force, and partly by conciliation, we shall bring it to a speedy termination… Of all the situations which I ever held, the present is by far the most intolerable to me, and I have often within the last fortnight wished myself back in Bengal." (13th July.) "Amnesty is more likely to succeed than extirpation." (20th July.) "Convinced as I am that it [the Union] is the only measure which can long preserve this country, I will never lose sight of it." (24th July.) "Numberless murders are hourly committed by our people without any process or examination whatever… The yeomanry are in the style of the loyalists in America, only much more numerous and powerful, and a thousand times more ferocious. These men have saved the country, but they now take the lead in rapine and murder." (l0th August.) "People's minds are getting cooler, and I have no doubt of their being sufficiently manageable for all ordinary purposes, but I do not know how they will be brought to act on the great measure of all [the Union], on the event of which the safety of Great Britain and Ireland so much depends." (12th August.) "Unless a great measure [the Union] is adopted, the connection between Great Britain and Ireland must soon be at an end." Lord Cornwallis was in the field in the west, from 28th of August to about the 12th of September, in consequence of Humbert's invasion; but was not present at Humbert's defeat at Ballinamuck. In a general order, dated from Ballinamore, 31st August, he calls upon the officers to "assist him in putting a stop to the licentious conduct of the troops, and in saving the wretched inhabitants from being robbed, and in the most shocking manner ill-treated by those to whom they had a right to look for safety and protection." (16th Sept.) "A perseverance in the system [of governing Ireland] which has hitherto been pursued can only lead us from bad to worse, and after exhausting the resources of Britain, must end in the total separation of the two countries." (25th Sept.) "Situated as I am for my sins in the direction of the affairs of a country ninetenths of the inhabitants of which are thoroughly disaffected to the Government, with a militia on which no dependence whatever can be placed, and which Abercromby too justly described by saying that they were only formidable to their friends." (30th Sept.) "I am determined not to submit to the insertion of any clause that shall make the exclusion of the Catholics a fundamental part of the Union, as I am fully convinced that until the Catholics are admitted into a general participation of rights (which when incorporated with the British government they cannot abuse), there will be no peace or safety in Ireland." 97


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 PUBLIC LAW 98-551—OCT. 30, 1984

98 STAT. 2821

"(2)(A) The Secretary shall make an initial grant under paragraph (1) to the National Academy of Sciences for the planning, development, and establishment of the Council with the membership prescribed by subsection (d)(1). The amount of such grant may not exceed $500,000 and may be made for not more than two-thirds of the cost of the planning, development, and establishment of the Council. "(B) The Secretary may not make a grant for the operation of the Council unless the application submitted to the Secretary for the grant contains written assurances from the applicant that the applicant will expend from non-Federal sources for the operation of the Council an amount equal to at least twice the amount of the grant applied for. "(b) The purposes of the Council shall include— "(1) promoting the development and application of appropriate health care technology assessments; and "(2) the review of existing health care technologies in order to identify obsolete or inappropriately used health care technologies. "(CXD The C o u n c i l s h a l l —

Science and

"(A) serve as a clearinghouse for information on health care technologies and health care technology assessment; "(B) collect and analyze data concerning specific health care technologies; "(C) identify needs in the assessment of specific health care technologies and research on assessment methodologies; "(D) develop and evaluate criteria and methodologies for health care technology Eissessment; "(E) promote education, training, and technical assistance in the use of health care technology assessment methodologies and results; and "(F) stimulate, coordinate, and commission assessments of health care technologies. "(2) No funds from any grant made by the Secretary under this section for the planning, development, and establishment of the Council may be used to conduct any Eissessment of a health care technology. "(d)(1) For purposes of a grant for the planning, development, and establishment of the Council, the Council shall be composed of: "(A) At least ten members appointed by the National Academy of Sciences from individuals who have education, training, experience, or expertise relating to the quality and cost-effectiveness of health care technologies and who are representatives of organizations of health professionals, hospitals, and other health care providers, health care insurers, employers, consumers, and manufacturers of products for health care. "(B) Three members appointed by the Secretary of Health and Human Services. "(C) The Director of the Office of Technology Assessment, who shall be an ex officio member. "(2) Any vacancy in the Council shall not affect its power and, for purposes of a grant for the planning, development, and establishment of the Council, shall be filled in the manner prescribed by paragraph (1). "(f) The President of the National Academy of Science shall designate one of the members appointed to the initial Council under subsection (d)(l)(A) as Chairman of the Council for a one-year term.

31-194

0 - 8 6 - 1 5

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technology.

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 98 STAT. 2822

Report.

PUBLIC LAW 98-551—OCT. 30, 1984

Thereafter, the members of the Council shall elect one of its members as Chairman for such terms as may be determined by the Council. "(g) The recipient of a grant under subsection (a) shall submit an annual report to the Committee on Energy and Commerce of the House of Representatives and the Committee on Labor and Human Resources of the Senate on the Council's activities. "(h) No grant may be made under this section unless an application is submitted to the Secretary in such form and containing such information as the Secretary shall prescribe.". Approved October 30, 1984.

LEGISLATIVE HISTORY—S. 771: SENATE REPORT No. 98-158 (Comm. on Labor and Human Resources). CONGRESSIONAL RECORD: Vol. 129 (1983): Sept. 21, considered and passed Senate. Vol. 130 (1984): Oct. 9, considered and passed House, amended. Oct. 11, Senate concurred in House amendment. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 20, No. 44 (1984): Oct. 30, Presidential statement.

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text: A Chant of Mystics and Other Poems

title: A Chant of Mystics and Other Poems


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 PUBLIC LAW 98-552—OCT. 30, 1984

98 STAT. 2823

Public Law 98-552 98th Congress An Act To authorize Douglas County of the State of Nevada to transfer certain land to a private owner.

Oct. 30, 1984 [S. 1160]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That notwithstand- Real property. ing the Act entitled "An Act to authorize acquisition or use of public lands by States, counties, or municipalities for recreational purposes", approved June 14, 1926 (43 U.S.C. 869 et seq.), or the provisions of any patent granted pursuant to such Act by the United States concerning the real property described in section 2, the United States releases any reversionary interest in such real property, and Douglsis County of the State of Nevada is authorized to transfer such real property to any private person. SEC. 2. The real property authorized to be transferred in the first Real property. section is the lot, piece or parcel of land lying along and adjoining the Virginia and Truckee Redlroad right-of-way in the Town of Minden, Nevada, described as follows: Beginning at a point on the northerly side of the State Highway right-of-way line, north 63 degrees 25 minutes west, 146 feet from the southeast comer of the wool warehouse lot, said point of beginning further described as bearing north 58 degrees 58 minutes 40 seconds west, 855.32 feet from the established Town Monument of the said Town of Minden; thence north 63 degrees 25 minutes west, along the Highway rightof-way line 60 feet to a point; thence north 26 degrees 35 minutes east, 55 feet, to a point; thence south 63 degrees 25 minutes east, parallel with the railroad spur track, 60 feet to a point; thence south 26 degrees 35 minutes west, 55 feet, to the point of beginning; all within section 29, township 13 north, range 20 east. Mount Diablo Meridian, Nevada, containing 3,300 square feet. SEC. 3. The Secretary of the Interior, in connection with Federal Water. resource protection and the Federal administration of the use and Law occupancy of lands and waters within a water resource development enforcement. 42 USC project under his jurisdiction, is authorized to cooperate with the 1962d-19. regulatory and law enforcement officials of any State or political subdivision thereof in the enforcement of the laws or ordinances of such State or political subdivision. Such cooperation may include the reimbursement of a State or its political subdivision for expenditures incurred in connection with such resource protection and administration. For purposes of complying with section 401 of the Congressional Budget Act of 1974, the authorization provided under 2 USC 651. this section is subject to the availability of appropriations. SEC. 4. The Secretary of Energy, acting through the Alaska Power Eklutna Lake Administration, is authorized and directed to enter into an agree- project, Alaska. ment with respect to the Eklutna Lake hydropower project in Energy. accordance with provisions of the Act of July 31, 1950, as amended Water. (64 Stat. 382), the last sentence of the first paragraph of section 1 of 48 USC 312. which is amended to read as follows: "The water of Eklutna Lake and its tributaries which are required for the operation of the

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 98 STAT. 2824

PUBLIC LAW 98-552—OCT. 30, 1984

Eklutna project are reserved for that purpose: Provided, That a portion of the waters so reserved may be diverted from Eklutna Lake for public water supply purposes, if compensation for reduced electric energy production due to such diversions is made as required by the February 1984 agreement between the Municipality of Anchorage and the Alaska Power Administration.". Approved October 30, 1984.

LEGISLATIVE HISTORY—S. 1160: SENATE REPORT No. 98-620 (Comm. on Energy and Natural Resources). CONGRESSIONAL RECORD, Vol. 130 (1984): Sept. 26, considered and passed Senate. Oct. 4, considered and passed House, amended. Oct. 10, Senate concurred in House amendment.

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 PUBLIC LAW 98-553—OCT. 30, 1984

98 STAT. 2825

Public Law 98-553 98th Congress An Act To authorize appropriations to the Nuclear Regulatory Commission in accordance with section 261 of the Atomic Energy Act of 1954, and section 305 of the Energy Reorganization Act of 1974.

Q^.^ 3Q ^^934 ' [S- 1291]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, TITLE I—AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEARS 1984 AND 1985 SEC. 101. There are hereby authorized to be appropriated to the Nuclear Regulatory Commission in accordance with the provisions of section 261 of the Atomic Energy Act of 1954 and section 805 of the Energy Reorganization Act of 1974, for the fiscal years 1984 and 1985 to remain available until expended, $466,800,000 for fiscal year 1984 and $460,000,000 for fiscal year 1985. SEC. 102. (a) The sums authorized to be appropriated in this Act for fiscal years 1984 and 1985 shall be allocated as follows: (1) not more than $91,490,000 for fiscal year 1984 and $87,140,000 for fiscal year 1985, may be used for "Nuclear Reactor Regulation", of which an amount not to exceed $1,000,000 is authorized each such fiscal year to be used to accelerate the effort in gas-cooled thermal reactor preapplication review; (2) not more than $70,910,000 for fiscal year 1984 and $74,770,000 for fiscal year 1985, may be used for "Inspection and Enforcement"; (3) not more than $36,280,000 for fiscal year 1984 and $35,710,000 for fiscal year 1985, may be used for "Nuclear Material Safety and Safeguards"; (4) not more than $199,740,000 for fiscal year 1984 and $193,290,000 for fiscal year 1985, may be used for "Nuclear Regulatory Research", of which an amount not to exceed $2,600,000 is authorized each such fiscal year to be used to accelerate the effort in gas-cooled thermal reactor safety (5) not more than $27,520,000 for fiscal year 1984 and $27,470,000 for fiscal year 1985, may be used for "Program Technical Support"; (6) not more than $40,860,000 for fiscal year 1984 and $41,620,000 for fiscal year 1985, may be used for "Program Direction and Administration". (b) The Nuclear Regulatory Commission may use not more than 1 per centum of the amounts authorized to be appropriated under paragraph 102(a)(4) to exercise its authority under section 31 a. of the Atomic Energy of 1954 (42 U.S.C. 2051(a)) to enter into grants and cooperative agreements with universities pursuant to such paragraph. Grants made by the Commission shall be made in accordance

42 USC 2017. 42 USC 5875.

Grants.

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 98 STAT. 2826

31 USC 3302.

Report. Prohibition.

PUBLIC LAW 98-553—OCT. 30, 1984

with the Federal Grant and Cooperative Agreement Act of 1977 (41 U.S.C. 501 et seq.) and other applicable law. (c) Any amount appropriated for a fiscal year to the Nuclear Regulatory Commission pursuant to any paragraph of subsection 102(a) for purposes of the program referred to in such paragraph, may be reallocated by the Commission for use in a program referred to in any other paragraph of such subsection, or for use in any other activity within a program, except that the amount available from appropriations for such fiscal year for use in any program or specified activity may not, as a result of reallocations made under this subsection, be increased or reduced by more than $500,000 unless— (1) a period of thirty calendar days (excluding any day in which either House of Congress is not in session because of an adjournment of more than three calendar days to a day certain or an adjournment sine die) passes after the receipt, by the Committee on Energy and Commerce and the Committee on Interior and Insular Affairs of the House of Representatives and the Committee on Environment and Public Works of the Senate, of notice submitted by the Commission containing a full and complete statement of the reallocation proposed to be made and the facts and circumstances relied upon in support of such proposed reallocation; or (2) each such committee, before the expiration of such period, transmits to the Commission a written notification that such committee does not object to such proposed reallocation. SEC. 103. Moneys received by the Nuclear Regulatory Commission for the cooperative nuclear research program and the material access authorization program may be retained and used for salaries and expenses associated with such programs, notwithstanding the provisions of section 3617 of the Revised Statutes (31 U.S.C. 484), and shall remain available until expended. SEC. 104. From amounts appropriated to the Nuclear Regulatory Commission pursuant to this title, the Commission may transfer to other agencies of the Federal Government sums for salaries and expenses for the performance by such agencies of activities for which such appropriations of the Commission are made. Any sums so transferred may be merged with the appropriation of the agency to which such sums are transferred. SEC. 105. Notwithstanding any other provisions of this Act, no authority to make payments under this Act shall be effective except to such extent or in such amounts as are provided in advance in appropriation Acts. SEC. 106. (a) No funds authorized to be appropriated under this Act may be used to carry out any policy or program for the decentralization or regionalization of any Nuclear Regulatory Commission authorities regarding commercial nuclear powerplant licensing until sixty legislative days after the date on which the Commission submits to the Congress a report evaluating the effect of such policy or program on nuclear reactor safety: Provided, however, That the prohibition contained in this subsection shall not apply to any personnel assigned to the field, or to activities in which they were engaged, on or before September 22, 1983. The report shall include— (1) a detailed description of the authorities to be transferred, the reason for such transfer, and an assessment of the effect of such transfer on nuclear reactor safety;

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 PUBLIC LAW 98-553—OCT. 30, 1984

98 STAT. 2827

(2) an analysis of all comments submitted to the Commission regarding the effect on nuclear reactor safety which would result from carrying out the policy or program proposed by the Commission; and (3) an evaluation of the results, including the advantages and disadvantages, of the pilot program conducted under subsection (b). (b) Notwithstanding the prohibition contained in subsection (a), the Commission is authorized to conduct a pilot program for the purpose of evaluating the concept of delegating authority to regional offices for issuance of specific types of operating reactor licensing actions and for the purpose of addressing the issues identified in paragraphs (a)(l)-(3) of this section. SEC. 107. (a) Of the amounts authorized to be appropriated under this Act for the fiscal years 1984 and 1985, such sums as may be necessary are authorized to be used by the Nuclear Regulatory Commission for— (1) the acquisition (by purchase, lease, or otherwise) and installation of equipment to be used for the small test prototype nuclear data link program or for any other program for the collection and transmission to the Commission of data from licensed nuclear reactors during abnormal conditions at such reactors; and (2) a full and complete analysis of— (A) the appropriate role of the Commission during abnormal conditions at a nuclear reactor licensed by the Commission; (B) the information which should be available to the Commission to enable the Commission to fulfill such role and to carry out other related functions; (C) various alternative means of assuring that such information is available to the Commission in a timely manner; and (D) any changes in existing Commission authority necessary to enhance the Commission response to abnormal conditions at a nuclear reactor licensed by the Commission: Provided, however, That no funds shall be available under this Act for the acquisition and installation of any equipment for the collection and transmission to the Commission of data from licensed nuclear reactors during abnormal conditions at such reactors, or for the analysis of such equipment, unless such acquisition and analysis includes, as one of the alternatives considered, a fully automated electronic nuclear data link. The small test prototype referred to in paragraph (1) may be used by the Commission in carrying out the study and analysis under paragraph (2). Such analysis shall include a cost-benefit analysis of each alternative examined under subparagraph (C). SEC. 108. Of the amounts authorized to be appropriated under this Act, the Nuclear Regulatory Commission may use such sums as may be necessary, in the absence of a State or local emergency preparedness plan which has been approved by the Federal Emergency Management Agency, to issue an operating license (including a temporary operating license under section 192 of the Atomic Energy Act of 1954, as amended) for a nuclear power reactor, if it determines that there exists a State, local, or utility plan which provides reasonable assurance that public health and safety is not endangered by operation of the facility concerned.

42 USC 2242.

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 98 STAT. 2828 42 USC 2133. 42 USC 2134.

PUBLIC LAW 98-553—OCT. 30, 1984

SEC. 109. Notwithstanding the second sentence of section 103 d. and the second sentence of section 104 d. of the Atomic Energy Act of 1954, as amended, the Nuclear Regulatory Commission is hereby authorized to transfer Facility Operating License numbered R-81 to a United States entity or corporation owned or controlled by a foreign corporation if the Commission— (1) finds that such transfer would not be inimical to the common defense and security or to the health and safety of the public; and (2) includes in such license, as transferred, such conditions as the Commission deems necessary to ensure that such foreign corporation cannot direct the actions of the licensee in ways that would be inimical to the common defense and security or the health and safety of the public. Approved October 30, 1984.

LEGISLATIVE HISTORY—S. 1291 (S. 2846) (H.R. 2510): HOUSE REPORTS: No. 98-103, Pt. 1 (Comm. on Interior and Insular Affairs) and Pt. 2 (Comm. on Energy and eommerce) both accompanying H.R. 2510. SENATE REPORTS: No. 98-118 (Comm. on Environment and Public Works). No. 98-546 (Comm. on Environment and Public Works); No. 98-579 (Comm. on Energy and Natural Resources) both accompanying S. 2846. CONGRESSIONAL RECORD, Vol. 130 (1984): Oct. 10, considered and passed Senate. tJct 1T consioGrGd 3.nQ DJISSGQ HOUSG

WEEKLY eOMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 20, No. 44 (1984): Oct. 30, Presidential statement.

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 PUBLIC LAW 98-554—OCT. 30, 1984

98 STAT. 2829

Public Law 98-554 98th Congress An Act To provide for exemptions, based on safety concerns, from certain length and width limitations for commercial motor vehicles, and for other purposes.

Oct. 30, 1984 [S. 2217]

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

SEC. 101. This title may be cited as the "Tandem Truck Safety Act of 1984". EXEMPTION FROM LENGTH REQUIREMENTS

SEC. 102. Section 411 of the Surface Transportation Assistance Act of 1982 (49 U.S.C. App. 2311) is amended by adding at the end thereof the following new subsection: "(i)(l) If the Governor of a State, after making the consultations specified in paragraph (2) of this subsection, determines that any specific segment of the National System of Interstate and Defense Highways is not capable of safely accommodating motor vehicles having the lengths set forth in subsection (a) of this section or motor vehicle combinations described in subsection (c) of this section, the Governor may notify the Secretary of such determination and request that the Secretary exempt such segment from one or both of such subsections. "(2) Before making such notification, the Governor shall consult with units of local government within the State in which the specific segment of such System is located, as well as the Governor of any State adjacent to that State that might be directly affected by such exemption. As part of such consultations, consideration shall be given to any potential alternative route that— "(A) can safely accommodate motor vehicles having the lengths set forth in subsection (a) of this section or motor vehicle combinations described in subsection (c) of this section; and "(B) serves the area in which such segment is located. "(3) The Governor shall transmit with such notification specific evidence of safety problems that supports such determination and the results of consultation regarding any alternative route under paragraph (2) of this subsection. "(4)(A) If the Secretary determines, upon request by a Governor under paragraph (1) of this subsection or on the Secretary's own initiative, that any segment of the National System of Interstate and Defense Highways is not capable of safely accommodating motor vehicles having the lengths set forth in subsection (a) of this section or motor vehicle combinations described in subsection (c) of this section, the Secretary shall exempt such segment from one or both of such subsections. Before making such determination, the

Tandem Truck Safety Act of 1984.

49 USC app. 2301 note.

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