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Page:United States Statutes at Large Volume 100 Part 1.djvu/994

 100 STAT. 958

PUBLIC LAW 99-420—SEPT. 25, 1986

islands' natural qualities and to traditional resource-based land use including, but not limited to, fishing, farming, silviculture, and grazing. (3) In determining whether to accept or acquire conservation easements pursuant to this subsection, the Secretary shall consider the following factors: (A) the resource protection benefits that would be provided by the conservation easement; (B) the public benefit that would be provided by the conservation easement; (C) the significance of the easement in relation to the land planning objectives of local government and regional and State agencies; (D) the economic impact of the conservation easement on local livelihoods, activities, and government revenues; and (E) the proximity of the parcel to the boundary of the Park and to other parcels on which the Secretary maintains conservation easements. (4) For purposes of this subsection, the term "conservation easement" means a less-than-fee interest in land or a conservation restriction as defined in section 476 through 479-B inclusive, as amended, of title 33 of the Maine Revised Statutes of 1964, as in effect on the date of the enactment of this Act. (5) No easement may be acquired by the Secretary under this subsection without first consulting with, and providing written notification to, the town in which the land is located and the Acadia National Park Advisory Commission established by section 103 of this title. In providing such notification, the Secretary shall indicate the manner and degree to which the easement meets the criteria provided in this subsection. (i) Nothing in this section shall be construed to prohibit the use of condemnation as a means of acquiring a clear and marketable title, free of any and all encumbrances. (j)(l) Notwithstanding any other provision of this section, the Secretary shall accept an offer of the following from the Jackson Laboratory (a not-for-profit corporation organized under the laws of Maine): (A) Lands depicted on the map as 55 A ABH which are held in fee by the Jackson Laboratory. (B) A conservation easement on lands depicted on the map identified as 55 ABH (the developed property known as "Highseas"). The easement shall prohibit subdivision of such land or any further significant development on such lands, except as permitted by the guidelines published under section 102(b)(1). (2) Upon receipt of the lands and easement described in paragraph (1), the Secretary shall transfer to the Jackson Laboratory the lands depicted on the map as 8 DBH and 9 DBH. Any disparity in the fair market value of the lands and easement referred to in paragraph (1) and the lands described in the preceding sentence shall be equalized as provided in section 102(d)(1). (k) For purposes of subsection (a)(2), the construction of one single family residence on Burnt Porcupine Island by the owner of the Island shall not be treated as detrimental to the scenic, historic, cultural, or other values for which the park was established if, before such construction commences, the Secretary has reviewed

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 PUBLIC LAW 99-420—SEPT. 25, 1986

100 STAT. 959

and approved plans for the size, location and architectural design of the structure. SEC. 103. ADVISORY COMMISSION.

(a) There is hereby established an Acadia National Park Advisory Commission (hereinafter referred to as "the Commission"). The Commission shall be composed of 16 members appointed by the Secretary as follows: (1) 3 members at large. (2) 3 members appointed from among individuals recommended by the Governor of Maine. ? (3) 4 members, appointed from among individuals rec. ommended by each of the four towns on the island of Mount Desert. (4) 3 members appointed from among individuals recommended by each of the three Hancock County mainland communities of Gouldsboro, Winter Harbor, and Trenton. (5) 3 members, appointed from among individuals recommended by each of the three island towns of Cranberry Isles, Swans Island, and Frenchboro. (b) The terms of the Commission members shall be 3 years except that, for initial appointments under each paragraph, one member shall serve for a term of one year, and one member shall serve for a term of 2 years. (c) The Commission shall elect its own chairman and adopt its own bylaws. Any vacancy on the Commission shall be filled in the same manner in which the original appointment was made. (d) Members of the Commission shall serve without compensation as such, except that the Secretary is authorized to pay the expenses reasonably incurred by the Commission in carrying out its responsibilities under this title. (e) The Secretary shall consult with the Commission on matters relating to the management and development of the Park, including but not limited to each of the following: (1) The acquisition of lands and interests in lands (including conservation easements on islands). (2) Termination of rights of use and occupancy. (f) The Commission established under this section shall terminate 20 years after the enactment of this Act. SEC. 104. BEAR ISLAND.

16 USC 341 note.

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16 USC 341 note.

(a) Notwithstanding any other provision of law. Federal property located on Bear Island in the town of Cranberry Isle shall, with the concurrence of the agency having custody thereof, be transferred without consideration to the administrative jurisdiction of the Secretary for use by him in carrying out the provisions of the title. Such Federal property shall not be developed by the Secretary in a manner which would provide for or encourage intensive visitor use. (b) The Secretary is authorized to make improvements to the Federal property on Bear Island as he deems appropriate for the protection of adjacent private property. SEC. 105. TOWN OF ISLE AU HAUT.

16 USC 341 note.

The provisions of this title shall not apply to those portions of the Park lying within the Town of Isle au Haut, Maine, which lands shall continue to be governed by the provisions of Public Law 97-335.

16 USC 341 note.

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


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Page:United States Statutes at Large Volume 100 Part 1.djvu/996

 100 STAT. 960 16 USC 341 note. EffGCtivG ds-ts

PUBLIC LAW 99-420—SEPT. 25, 1986

SEC. 106. AUTHORIZATION OF APPROPRIATIONS.

(a) Effective October 1, 1986, there are authorized to be appropriated such sums as may be necessary to carry out the provisions of this title, but not to exceed $9,100,000 for acquisition of lands and interests therein. O> For the purposes of paragraph 7(a)(3) of the Land and Water t) Conservation Fund Act of 1965 as amended (16 U.S.C. 4601-9), the statutory ceiling provided in subsection (a) shall be deemed to have been enacted prior to the convening of the Ninety-fifth Congress. 16 USC 341 note.

31 USC 6904.

SEC. 107. PAYMENTS TO LOCAL GOVERNMENTS.

(a) Notwithstanding the limitation in subsection 3(d) of the Act of October 20, 1976 (90 Stat. 2662) payments in the manner provided in section 3 of that Act shall be made to the appropriate units of local government having jurisdiction over lands with the boundary of the Park. Such payments shall be made only for a period of 12 years. (b) Pa3nnents received by the units of local government pursuant to this section shall be used only for fire protection, police protection, solid waste management, and road maintenance and improvement. (c) Payments pursuant to this section may be made only from funds appropriated therefor. Such pa5mients shall be in addition to and not in place of any other funds or form of Federal assistance to which the units of local government are entitled. TITLE II SEC. 201. CAPE COD NATIONAL SEASHORE ADVISORY COMMISSION.

16 USC 459b-7.

Section 8(a) of the Act of August 7, 1961 (Public Law 87-126; 75 Stat. 292) is amended by striking out "ten years" and substituting "30 years". Approved September 25, 1986.

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LEGISLATIVE HISTORY—S. 720: HOUSE REPORTS: No. 99-572 (Comm. on Interior and Insular Affairs). SENATE REPORTS: No. 99-198 (Comm. on Energy and Natural Resources). CONGRESSIONAL RECORD: Vol. 131 (1985): Dec. 3, considered and passed Senate. Vol. 132 (1986): May 5, considered and passed House, amended. June 6, Senate concurred in House amendment with amendC ments. July 24, House concurred in certain Senate amendments, in another with an amendment. Sept. 11, Senate receded from its amendment. _

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Page:United States Statutes at Large Volume 100 Part 1.djvu/997

 PUBLIC LAW 99-421—SEPT. 25, 1986

100 STAT. 961

Public Law 99-421 99th Congress Joint Resolution Designating September 22, 1986, as "American Business Women's Day".

Whereas the American Business Women's Association is a national educational association that promotes professional and educational advancement for women; Whereas the American Business Women's Association awarded $2,900,000 in scholarships to over six thousand women in 1984, and has awarded more than $18,000,000 in scholarships since 1949; Whereas the American Business Women's Association has more than one hundred and ten thousand members and two thousand one hundred chapters throughout the United States and its territories; Whereas the American Business Women's Association encourages women to expand horizons, diversify skills, and set higher personal and career goals; and Whereas Congress recognizes the important contributions of American businesswomen to our Nation's continuing vitality: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, 'That September 22, 1986, is designated "American Business Women's Day". The President is authorized and requested to issue a proclamation calling upon the people of the United States to observe that day with appropriate ceremonies and activities. Approved September 25, 1986.

LEGISLATIVE HISTORY—S.J. Res. 196: CONGRESSIONAL RECORD, Vol. 132 (1986): June 10, considered and passed Senate. Sept. 18, considered and passed House.

71-19A 0 - 89 - 33: QL 3 Part i

—^^—'[S.J. Res. 196]

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Page:United States Statutes at Large Volume 100 Part 1.djvu/998

 100 STAT. 962

PUBLIC LAW 99-422—SEPT. 25, 1986

Public Law 99-422 99th Congress

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!

Joint Resolution Sept. 25, 1986 [S.J. Res. 357]

To designate the week of September 15, 1986, through September 21, 1986, as "National Historically Black Colleges Week".

Whereas there are one hundred and one Historically Black Colleges and Universities in the United States; Whereas such colleges and universities provide the quality education so essential to full participation in a complex, highly technological society; Whereas black colleges and universities have a rich heritage and have played a prominent role in American history; Whereas such institutions have allowed many underprivileged students to attain their full potential through higher education; and Whereas the achievements and goals of the Historically Black Colleges are deserving of national recognition: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled. That the week of September 15, 1986, through September 21, 1986, is designated as "National Historically Black Colleges Week" and the President of the United States is authorized and requested to issue a proclamation calling upon the people of the United States and interested groups to observe such week with appropriate ceremonies, activities, and programs, thereby demonstrating support for Historically Black Colleges and Universities in the United States. Approved September 25, 1986.

LEGISLATIVE HISTORY—S.J. Res. 357: CONGRESSIONAL RECORD, Vol. 132 (1986): June 13, considered and passed Senate. Sept. 18, considered and passed House.

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Page:United States Statutes at Large Volume 100 Part 1.djvu/999

 PUBLIC LAW 99-423—SEPT. 30, 1986

100 STAT. 963

Public Law 99-423 99th Congress An Act To authorize the Smithsonian Institution to plan and construct facilities for certain , sciMice activities of the Institution, and for other purposes.

Sept. 30, 1986 [H. R. 1483]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Board of Research and Regents of the Smithsonian Institution is authorized to plan and onTTsr'^n'^*^ construct facilities for the Smithsonian Astrophysical Observatory ^°*^and the Smithsonian Tropical Research Institute. SEC, 2. Effective October 1, 1986, there is authorized to be appro- Effective date. priated to the Board of Regents of the Smithsonian Institution: Appropriation (a) $4,500,000 for the Smithsonian Astrophysical Observatory; authorization. and G)) $11,100,000 for the Smithsonian Tropical Research Institute. SEC. 3. Any portion of the sums appropriated to carry out the Contracts. purposes of this Act may be transferred to the General Services Administration which, in consultation with the Smithsonian Institution, is authorized to enter into contracts and take such other action, to the extent of the sums so transferred to it, as may be necessary to carry out such purposes. au c Approved September 30, 1986.

LEGISLATIVE HISTORY—H.R. 1483: SENATE REPORTS: No. 99-189 (Comm. on Rules and Administration). CONGRESSIONAL RECORD: Vol. 131 (1985): Oct. 7, considered and passed House. Vol. 132 (1986): June 24, considered and passed Senate, amended. Sept. 18, House concurred in Senate amendments.

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Page:United States Statutes at Large Volume 100 Part 1.djvu/1000

 100 STAT. 964

PUBLIC LAW 99-424—SEPT. 30, 1986

Public Law 99-424 99th Congress An Act Sept. 30, 1986 [H.R. 3002]

Executive Exchange Program Voluntary Services Act of 1986. 5 USC 4103 note. 5 USC 4103 note.

5 USC 4103 note.

To provide for the establishment of an experimental program relating to the acceptance of voluntary services from participants in an executive exchange program of the Government.

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

This Act may be cited as the "Executive Exchange Program Voluntary Services Act of 1986". SEC. 2. DEFINITIONS.

'

For the purposes of this Act— (1) the term "Government" means the Government of the United States; (2) the term "participant in an executive exchange program" means an executive, manager, or other individual from the private sector participating in an executive exchange program administered by the President's Commission on Executive Exchange (described in Executive Order 12493, dated December 5, 1984) or by a successor entity in function; (3) the term "agency" means an Executive agency (as defined by section 105 of title 5, United States Code), the United States Postal Service, and the Postal Rate Commission; and (4) the term "employee of the Government" means an individual employed in or under an agency.

5 USC 4103 note.

SEC. 3. EXPERIMENTAL PROGRAM.

President of U.S.

(a) The President may establish an experimental program, to be conducted during fiscal years 1987 through 1989, under which voluntary services may be accepted by the Government, without regard to section 1342 of title 31, United States Code. (b) Under the program, the voluntary services of an individual may be accepted if— (1) such individual is a participant in an executive exchange program; (2) the acceptance of such services will not result in the displacement of any employee of the Government; and (3) the voluntary services will be performed in or under an agency. (c)(1) An individual performing voluntary services under the experimental program shall, for purposes of any laws, rules, and regulations of the United States (including those relating to conflicts of interest, financial disclosure, and standards of conduct) be considered an individual employed in or under the agency to which assigned, except that such individual shall not be covered by chapter 51, 53, 63, 83, 87, or 89 of title 5, United States Code, or any comparable provision relating to pay, leave, retirement, life insurance, or health benefits for employees of the Government.

5 USC 5101 et seq., 5301 et seq., 6301 et seq., 8301 et seq., 8701 et seq., 8901 et seq.

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 PUBLIC LAW 99-424—SEPT. 30, 1986

100 STAT. 965

(d) Not more than ten individuals may commence participation in the experimental program during any fiscal year. (e)(l) Nothing in this Act shall prevent— (A) the continuation of pay and other benefits from the private-sector employer, or (B) continued participation in a bona fide pension, retirement, group life, health or accident insurance, profit-sharing, stock bonus, or other employee welfare or benefit plan maintained by the private-sector employer, for an individual performing voluntary services in the experimental program. (2) For the purpose of this section, the term "private-sector employer", as used with respect to an individual, means the corporation or other person by which such individual was employed immediately before beginning to perform voluntary services in the experimental program. SEC. 4. REPORTS.

Not later than March 31, 1989, the General Accounting Office shall transmit to the Congress a report on the experimental program under this Act. The report shall include a description of the administration of the program, the findings of the General Accounting Office relating to the advantages and disadvantages of accepting voluntary services from participants in an executive exchange program, and recommendations for legislation (if any) relating to the continuation of the program. Approved September 30, 1986.

LEGISLATIVE HISTORY—H.R. 3002: HOUSE REPORTS: No. 99-505 (Comm. on Post Office and Civil Service). SENATE REPORTS: No. 99-409 (Comm. on Governmental Affairs). CONGRESSIONAL RECORD, Vol. 132 (1986): Apr. 8, considered and passed House. Sept. 11, considered and passed Senate, amended. Sept. 16, House concurred in Senate amendment.

5 USC 4103 note.

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Page:United States Statutes at Large Volume 100 Part 1.djvu/1002

 100 STAT. 966

PUBLIC LAW 99-425—SEPT. 30, 1986

Public Law 99-425 99th Congress "- t.

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An Act

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Sept 30 1986 ' Lrl.K. 44Z1J

'^° authorize appropriations for fiscal years 1987, 1988, 1989, and 1990 to carry out the Head Start, Follow Through, dependent care, community services block grant, and community food and nutrition programs, and for other purposes.

Human Services Reauthorization

Be it enacted by the Senate and the House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Human Services Reauthorization Act of 1986".

Act of 1986. 42 USC 9801

note

TITLE I—THE HEAD START PROGRAM SEC. 101. REAUTHORIZATION.

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Section 639 of the Head Start Act (42 U.S.C. 9834) is amended to ^^^^ ^^ follows: e:Wi} •:

"AUTHORIZATION OF APPROPRIATIONS

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"SEC. 639, There are authorized to be appropriated for carrying out the provisions of this subchapter $1,198,000,000 for fiscal year 1987, $1,263,000,000 for fiscal year 1988, $1,332,000,000 for fiscal year 1989, and $1,405,000,000 for fiscal year 1990.". SEC. 102. ALLOTMENT OF FUNDS FOR INDIAN AND MIGRANT HEAD START PROGRAMS.

Subparagraph (A) of section 640(a)(2) of the Head Start Act (42 U.S.C. 9835(a)(2)(A)) is amended to read as follows: "(A) Indian and migrant Head Start programs and services for handicapped children, except that there shall be made available for use by Indian and migrant Head Start programs, on a nationwide basis, no less funds for fiscal year 1987 and each subsequent fiscal year than were obligated for use by Indian and migrant Head Start programs for fiscal year 1985;'. SEC. 103. COORDINATION.

Section 642(c) of the Head Start Act (42 U.S.C. 9837(c)) is amended by inserting before "programs" the following: "State and local". SEC. 104. PRESERVATION OF INCOME CALCULATION METHOD.

• Section 645(a)(2) of the Head Start Act (42 U.S.C. 9840(a)(2)) is amended by striking out "1986" and inserting in lieu thereof "1990". TITLE II—FOLLOW THROUGH PROGRAM SEC. 201. FOLLOW THROUGH. (a) AUTHORIZATION OF APPROPRIATIONS.—Subsection (a) of section

663 of the Follow Through Act (42 U.S.C. 9862(a)) is amended to read as follows: "(a) There are authorized to be appropriated for carrying out the purposes of this subchapter $7,500,000 for fiscal year 1987,

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 PUBLIC LAW 99-425—SEPT. 30, 1986

100 STAT. 967

$7,800,000 for fiscal year 1988, $8,112,000 for fiscal year 1989, and $8,436,000 for fiscal year 1990.". (b) REPEALER.—Section 668 of the Follow Through Act (42 U.S.C. 9867) is amended— (1) by striking out subsection (b); and (2) by redesignating subsection (c) as subsection (b). (c) TECHNICAL AMENDMENT.—Section 670 of the Follow Through Act (42 U.S.C. 9861 note) is amended by striking out "1986" and inserting in lieu thereof "1990". TITLE III—DEPENDENT CARE STATE GRANT PROGRAM SEC. 301. REAUTHORIZATION.

Section 670A of the Omnibus Budget Reconciliation Act of 1981 (42 U.S.C. 9871) is amended to read as follows: "AUTHORIZATION OF APPROPRIATIONS

"SEC. 670A. For the purpose of making allotments to States to carry out the activities described in section 670D, there is authorized to be appropriated $20,000,000 for each of the fiscal years 1987, 1988, 1989, and 1990.". SEC. 302. AMENDMENTS ON DEPENDENT CARE SERVICES INFORMATION; LICENSING.

(a) DEPENDENT CARE SERVICES.—Subsection (a) of section 670D of the Omnibus Budget Reconciliation Act of 1981 (42 U.S.C. 9874) is amended— (1) by inserting "(1)" after the subsection designation; (2) by striking out "shall" in the second sentence and inserting in lieu therof "may"; (3) by redesignating clauses (1), (2), (3), (4), (5), (6), and (7) in the second sentence as clauses (A), (B), (C), (D), (E), (F), and (G), respectively; and (4) by striking out the third sentence and inserting in lieu thereof the following: "(2) The State, with respect to the uses of funds described in paragraph (1) of this subsection shall— "(A) provide assurances that no information will be included with respect to any dependent care services which are not provided in compliance with the laws of the State and localities in which such services are provided; and "(B) provide assurances that the information provided will be the latest information available and will be kept up to date.".

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Ob) SCHOOL-AGE CHILD CARE SERVICES.—(1) Section 670DOt))(l) of

the Omnibus Budget Reconciliation Act of 1981 (42 U.S.C. 9874a))(l)) is amended by striking out "where school facilities are not available". (2) Section 670D(b)(2)(E) of the Omnibus Budget Reconciliation Act of 1981 (42 U.S.C. 9874(b)(2)(E)) is amended by inserting before "licensing laws" the following: "child care". SEC. 303. SCHOOL-AGE CHILD DEFINITION.

Section 670G(7) of the Omnibus Budget Reconciliation Act of 1981 (42 U.S.C. 9877(7)) is amended by inserting before the semicolon a comma and the following: "except that in any State which by State

Education.

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Page:United States Statutes at Large Volume 100 Part 1.djvu/1004

 100 STAT. 968

PUBLIC LAW 99-425—SEPT. 30, 1986

law children at an earlier age are provided free public education, the age provided in State law shall be substituted for age five". 42 USC 9801 note.

State Dependent Care Development Grants Act.

SEC. 304. SHORT TITLE.

Subchapter D of chapter 8 of title VI of the Omnibus Budget Reconciliation Act of 1981 (42 U.S.C. 9871-9877) is amended by adding at the end thereof the following new section: "SHORT TITLE

"SEC. 670H. This subchapter may be cited as the 'State Dependent Care Development Grants Act'.". » v. i. TITLE IV—COMMUNITY SERVICES BLOCK GRANT PROGRAM SEC. 401. GENERAL AUTHORIZATION OF APPROPRIATIONS.

Subsection (b) of section 672 of the Community Services Block Grant Act (42 U.S.C. 9901) is amended to read as follows: "(b) There is authorized to be appropriated $390,000,000 for fiscal year 1987, $409,500,000 for fiscal year 1988, $430,000,000 for fiscal year 1989, and $451,500,000 for fiscal year 1990, to carry out the provisions of this subtitle.". SEC. 402. DEFINITION OF ELIGIBLE ENTITY.

42 USC 9904.

The first sentence of section 673(1) of the Community Services Block Grant Act (42 U.S.C. 9902(1)) is amended by inserting after "1981" a comma and the following: "or which came into existence during fiscal year 1982 as a direct successor in interest to such a community action agency or community action program and meets all the requirements under section 675(c)(3) of this Act with respect to the composition of the board". SEC. 403. REQUIREMENTS. (a) TERMINATION

Agriculture and agricultural products. State and local governments. 42 USC 9908.

PROCEDURES.—(1) Section

675(c)(ll) of

the

Community Services Block Grant Act (42 U.S.C. 9904(c)(ll)) is amended by inserting "the procedures and" after "subject to". (2) Section 676A of the Community Services Block Grant Act (42 U.S.C. 9905a) is amended— (A) by redesignating the section as subsection 0)); and (B) by inserting before the redesignated subsection (b) the following: "SEC. 676A. (a) Whenever a State violates the assurances contained in section 675(c)(ll) and terminates the funding of a community action agency or migrant and seasonal farmworker organization prior to the completion of the State's hearing and the Secretary's review as required in section 679 of this Act, the Secretary shall assume responsibility for providing financial assistance to the community action agency or migrant and seasonal farmworker organization affected. The allotment for the State shall be reduced by an amount equal to the funds provided under this section by the Secretary to such agency or organization.". (3) Section 676A of the Community Services Block Grant Act (42 U.S.C. 9905a), as amended by this subsection, is amended by adding at the end thereof the following: "(c) The Secretary shall conduct the review under subsection (b) through the Office of Community Services, which shall promptly

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Page:United States Statutes at Large Volume 100 Part 1.djvu/1005

 PUBLIC LAW 99-425—SEPT. 30, 1986

100 STAT. 969

conduct such review and issue a written determination together with the reasons of the Secretary therefor.". (4) The heading of section 676A of the Community Services Block Grant Act (42 U.S.C. 9905a) is amended to read as follows: PROCEDURES FOR A REVIEW OF TERMINATION OF FUNDING.

(b) REPEAL OF EXECUTED PROVISION.—The last sentence of section 675(c) of the Community Services Block Grant Act (42 U.S.C. 9904(c)) is repealed. SEC. 404. FISCAL EVALUATIONS.

(a) GENERAL RULE.—Section 679(b)(1) of the Community Services Block Grant Act (42 U.S.C. 9908(b)(1)) is amended— (1) by inserting "evaluations and" after "fiscal year"; (2) by adding before the period at the end thereof a comma and the following: "and especially with respect to compliance with subsections (a) and O> of section 675, and clauses (1) t) through (11) of subsection (c) of such section"; and (3) by adding at the end thereof the following: "Each such evaluation shall include identifying the impact that assistance furnished under this subtitle has on children, pregnant adolescents, homeless families, and the elderly poor. A report of the evaluation, together with recommendations of improvements designed to enhance the benefit and impact to people in need, will be sent to each State evaluated. Upon receiving the report the State will then submit a plan of action in response to the recommendation contained in the report. The results of the evaluation shall be submitted annually to the Chairman of the Committee on Education and Labor of the House of Representatives and the Chairman of the Committee on Labor and Human Resources of the Senate.".

Children and youth. Aged persons. Homeless persons. Reports.

State and local governments.

(b) CONFORMING AMENDMENT.—Subsection (i) of section 675 of the

Community Services Block Grant Act (42 U.S.C. 9904(i)) is repealed. SEC. 405.DISCRETIONARY AUTHORITY.

(a) GENERAL RULE.—(1) The matter preceding clause (1) of section 681(a) of the Community Services Block Grant Act (42 U.S.C. 9910(a)) is amended— (A) by striking out "is authorized, either directly or through" and inserting in lieu thereof "is authorized to make"; and 1 (B) by inserting "to enter into" before "contracts". (2) Section 681(a)(l) of the Community Services Block Grant Act (42 U.S.C. 9910(a)(1)) is amended by inserting before the semicolon a comma and the following: "including national conferences, newsletters, and collection and dissemination of data about programs and projects assisted under this subtitle". (3) Subclause (A) of section 681(a)(2) of the Community Services Block Grant Act (42 U.S.C. 9910(a)(2)(A)) is amended to read as follows: "(A) special programs of assistance, awarded on a competitive basis, to private, locally initiated, nonprofit community development corporations, (or affiliates of such corporations) governed by a board consisting of residents of the community and business and civic leaders, which spont sor enterprises providing employment and business development opportunities for low-income residents of the

Corporations. Business and industry. Employment and unemployment. Disadvantaged persons.

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Page:United States Statutes at Large Volume 100 Part 1.djvu/1006

 100 STAT. 970

PUBLIC LAW 99-425—SEPT. 30, 1986

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community designed to increase business and employment opportunities in the community;". (4) Section 681(a)(2)(D) of the Community Services Block Grant Act (42 U.S.C. 9910(a)(2)(D)) is amended by inserting before the semicolon the following: "(in selecting entities to carry out such programs, the Secretary shall give priority to private nonprofit organizations that before the date of the enactment of the Human Services Reauthorization Act of 1986 carried out such programs under this subparagraph)". (b) REPORTS ON PROJECTS.—Section 681 of the Community Services

Block Grant Act (42 U.S.C. 9910) is amended— (1) by redesignating subsection (b) as subsection (c); and (2) by inserting after subsection (a) the following: "(b)(l) The final reports submitted by recipients of assistance under this section on projects completed with such assistance shall be summarized and reported by the Secretary annually to the Chairman of the Committee on Education and Labor of the House of Representatives and the Chairman of the Committee on Labor and Human Resources of the Senate. The report shall contain a list of recipients who have received assistance under this section outside of the competitive process. "(2) The Secretary shall, at the end of each fiscal year, prepare and distribute a catalog listing all the projects assisted under clause (A) of subsection (a)(2) in such fiscal year. The catalog shall include— "(A) a description of each project; "(B) an identification of the agency receiving the award, including the name and address of the principal investigator; "(C) a description of the project objectives; and "(D) a statement of the accomplishments of the project.". (c) CONFORMING AMENDMENTS.—(1)

Section 674(a)(1)(B) of the

Community Services Block Grant Act (42 U.S.C. 9903(a)(1)(B)) is amended by striking out "section 681(b)" and inserting in lieu thereof "section 681(c)". (2) Section 680(a) of the Community Services Block Grant Act (42 U.S.C. 9909(a)) is amended by striking out "section 6810b)" and inserting in lieu thereof "section 681(c)". (3) Section 614 of the Community Economic Development Act of 1981 (42 U.S.C. 9803) is amended by striking out "section 68103)" and inserting in lieu thereof "section 681(c)". State and local governments. Disadvantaged persons. Employment and unemployment.

SEC. 406. AUTHORIZATION OF APPROPRIATIONS FOR COMMUNITY FOOD AND NUTRITION.

Section 681A of the Community Services Block Grant Act (42 U.S.C. 9910a) is amended by striking out subsection Ob) and inserting in lieu thereof the following new subsections: "(b)(1) From 60 percent of the amount appropriated for a fiscal year to carry out this section, the Secretary shall allot for grants under subsection (a) to eligible agencies for statewide programs in each State an amount which bears the same ratio to 60 percent of such appropriation as the low-income and unemployed populations of such State bear to the low-income and unemployed populations of all the States. "(2) Forty percent of the amount appropriated in a fiscal year to carry out this section shall be available for grants under subsection (a) to be awarded on a competitive basis to eligible agencies for local and statewide programs. In any fiscal year no agency may receive

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Page:United States Statutes at Large Volume 100 Part 1.djvu/1007

 PUBLIC LAW 99-425—SEPT. 30, 1986

100 STAT. 971

funds awarded in accordance with this paragraph in excess of $50,000. "(c) There is authorized to be appropriated $3,000,000 for each of the fiscal years 1987, 1988, 1989, and 1990 to carry out this section.". SEC. 407. INTEREST RATES PAYABLE ON CERTAIN RURAL DEVELOPMENT LOANS; ASSIGNMENT OF LOAN CONTRACTS.

(a) MODIFICATION OF INTEREST RATES.—Notwithstanding any other 42 USC 98i2a provision of law— (1) any outstanding loan made after December 31, 1982, by the Secretary of Health and Human Services; or (2) any loan made after the date of the enactment of this Act; with moneys from the Rural Development Loan Fund established by section 623(c)(1) of the Omnibus Budget Reconciliation Act of 1981 (42 U.S.C. 9812(c)(1)) or with funds available under section 681(a) of the Community Services Block Grant Act (42 U.S.C. 9910(a)) to an Ante, pp. 969, intermediary borrower shall bear interest at a fixed rate equal to 970. the rate of interest that was in effect on the date of issuance for loans made in 1980 with such moneys or such funds if the weighted average rate of interest for all loans made after December 31, 1982, by such intermediary borrower with such moneys or such funds does not exceed the sum of 6 percent and the rate of interest payable under this subsection by such intermediary borrower. 0)) ASSIGNMENT OF CERTAIN LOAN CONTRACTS.—Any contract for a

State and local governments. 42 USC 9812a.

loan made during the period beginning on December 31, 1982, and ending on the date of the enactment of this Act with— (1) moneys from the Rural Development Loan Fund established by section 623(c)(1) of the Omnibus Budget Reconciliation Act of 1981 (42 U.S.C. 9812(c)(1)); or (2) funds available under section 681(a) of the Community Services Block Grant Act (42 U.S.C. 9910(a)); to an intermediary borrower that is a county government may be assigned by such borrower to an entity to which such loan could have been made for the purpose for which such contract was made. Any entity to which such contract is so assigned shall be substituted as a party to such contract and shall be obligated to carry out such contract and the purpose for which such contract was made. (c) TECHNICAL AMENDMENT.—Section 1323(b)(2) of the Food Security Act of 1985 (7 U.S.C. 1631(b)(2)) is amended— 7 USC 1932 note. (1) by striking out "authorized under" and inserting in lieu thereof "in, appropriated to, or repaid to"; (2) in subparagraph (A) by striking out "and" at the end thereof; (3) in subparagraph (B) by striking out the period at the end thereof and inserting in lieu thereof "; and"; and (4) by adding at the end thereof the following new subparagraph: "(C) notwithstanding paragraph (1), all funds other than funds to which subparagraph (A) applies shall be used by the Secretary to make loans— "(i) to the entities; "(ii) for the purposes; and J "(iii) subject to the terms and conditions; specified in the first, second, and last sentences of section 623(a) I of the Community Economic Development Act of 1981 (42 U.S.C. 9812(a)). For purposes of this subparagraph, any reference in

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Page:United States Statutes at Large Volume 100 Part 1.djvu/1008

 100 STAT. 972

PUBLIC LAW 99-425—SEPT. 30, 1986 such sentences to the Secretary shall be deemed to be a reference to the Secretary of Agriculture.".

42 USC 9910b.

SEC. 408. DEMONSTRATION PARTNERSHIP AGREEMENTS ADDRESSING THE NEEDS OF THE POOR.

State and local governments. Research and development.

(a) GENERAL AUTHORITY.—(1) In order to provide for the selfsufficiency of the Nation's poor, the Secretary may make grants from funds appropriated under subsection (e) to eligible entities for the development and implementation of new and innovative approaches to deal with particularly critical needs or problems of the poor which are common to a number of communities. Grants may be made only with respect to applications which— (A) involve activities which can be incorporated into or be closely coordinated with eligible entities' ongoing programs; (B) involve significant new combinations of resources or new and innovative approaches involving partnership agreements; or (C) are structured in a way that will, within the limits of the type of assistance or activities contemplated, most fully and effectively promote the purposes of the Community Services Block Grant Act. (2) No grant may be made under this section unless an application is submitted to the Secretary at such time, in such manner, and containing or accompanied by such information, as the Secretary may require. (b) FEDERAL SHARE; LIMITATIONS.—(1) Grants awarded pursuant to this section shall be used for new programs and shall not exceed 50 per centum of the cost of such new programs. (2) Non-Federal contributions may be in cash or in kind, fairly evaluated, including but not limited to plant, equipment, or services. (3) Not more than one grant may be made to any eligible entity, and no grant may exceed $250,000. (4) No application may be approved for assistance under this section unless the Secretary is satisfied that— (A) the activities to be carried out under the application will be in addition to, and not in substitution for, activities previously carried on without Federal assistance; and (B) funds or other resources devoted to programs designed to meet the needs of the poor within the community, area, or State will not be diminished in order to provide the matching contributions required under this section. (c) DISSEMINATION OF RESULTS.—As soon as practicable, but no later than 90 days after the expiration of the fiscal year for which any grant is awarded under this section, the Secretary shall prepare and make available upon request to each State and eligible entity descriptions of the demonstration programs assisted under this section, and any relevant information developed and results achieved, so as to provide models for innovative programs to other eligible entities. (d) DEFINITIONS.—As used in this section— (1) the term "eligible entity" has the same meaning given such term by section 673(1) of the Community Services Block Grant Act (42 U.S.C. 9902(1)); and (2) the term "Secretary" means the Secretary of Health and Human Services.

42 USC 9901 note.

Ante, p. 968.

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Page:Amazing Stories Volume 01 Number 01.djvu/38

36 of the ravine in some degree facilitated their progress, but it was not until they had been toiling up for two hours more that they succeeded in reaching the summit of the cliff.

Eagerly and anxiously did they look around. To the south there was nothing but the sea they had traversed; to the north, nothing but one drear, inhospitable stretch.

Servadac could not suppress a cry of dismay. Where was his beloved France? Had he gained this arduous height only to behold the rocks carpeted with ice and snow, and reaching interminably to the far-off horizon? His heart sank within him.

The whole region appeared to consist of nothing but the same strange, uniform mineral conglomerate crystallized into regular hexagonal prisms. But whatever was its geological character it was only too evident that it had entirely replaced the former soil, so that not a vestige of the old continent of Europe could be discerned. The lovely scenery of Provence, with the grace of its rich and undulating landscape; its gardens of citrons and oranges rising tier upon tier from the deep red soil—all, all had vanished. Of the vegetable kingdom, there was not a single representative; the most meager of Arctic plants, the most insignificant of lichens, could obtain no hold upon that stony waste. Nor did the animal world assert the feeblest sway. The mineral kingdom reigned supreme.

Captain Servadac's deep dejection was in strange contrast to his general hilarity. Silent and tearful, he stood upon an ice-bound rock, straining his eyes across the boundless vista of the mysterious territory. "It cannot be!" he exclaimed. "We must somehow have mistaken our bearings. True, we have encountered this barrier; but France is there beyond! Yes, France is there! Come, count, come! By all that's pitiful, I entreat you, come and explore the farthest verge of the ice-bound track!"

He pushed onwards along the rugged surface of the rock, but had not proceeded far before he came to a sudden pause. His foot had come in contact with something hard beneath the snow, and, stooping down, he picked up a little block of stony substance, which the first glance revealed to be of a geological character altogether alien to the universal rocks around. It proved to be a fragment of discolored marble, on which several letters were inscribed, of which the only part at all decipherable was the syllable "Vil." "Vil—Villa!" he cried out, in his excitement dropping the marble, which was broken into atoms by the fall.

What else could this fragment be but the sole surviving remnant of some sumptuous mansion that once had stood on this unrivaled site? Was it not the residue of some edifice that had crowned the luxuriant headlands of Antibes, overlooking Nice, and commanding the gorgeous panorama that embraced the Maritime Alps and reached beyond Monaco and Mentone to the Italian height of Bordighera? And did it not give in its sad and too convincing testimony that Antibes itself had been involved in the great destruction? Servadac gazed upon the shattered marble, pensive and disheartened.

Count Timascheff laid his hand kindly on the captain's shoulder, and said, "My friend, do you not remember the motto of the old Hope family?"

He shook his head mournfully.

"Orbe fracto, spes illœsa," continued the count—"Though the world be shattered, hope is unimpaired."

Servadac smiled faintly, and replied that he felt rather compelled to take up the despairing cry of Dante, "All hope abandon, ye who enter here."

"Nay, not so," answered the count; "for the present at least, let our maxim be Nil desperandum!"

Upon re-embarking, the bewildered explorers began to discuss the question whether it would not now be desirable to make their way back to Gourbi Island, which was apparently the only spot in their new world from which they could hope to derive their future sustenance. Captain Servadac tried to console himself with the reflection that Gourbi Island was, after all, a fragment of a French colony, and as such almost like a bit of his dear France; and the plan of returning thither was on the point of being adopted, when Lieutenant Procope remarked that they ought to remember that they had not hitherto made an entire circuit of the new shores of the sea on which they were sailing.

"We have," he said, "neither investigated the northern shore from the site of Cape Antibes to the strait that brought us to Gibraltar, nor have we followed the southern shore that stretches from the strait to the Gulf of Cabes. It is the old coast, and not the new, that we have been tracing; as yet, we cannot say positively that there is no outlet to the south; as yet, we cannot assert that no oasis of the African desert has escaped the catastrophe. Perhaps, even here in the north, we may find that Italy and Sicily and the larger islands of the Mediterranean may still maintain their existence."

"I entirely concur with you," said Count Timascheff, "I quite think we ought to make our survey of the confines of this new basin as complete as possible before we withdraw."

Servadac, although he acknowledged the justness of these observations, could not help pleading that the explorations might be deferred until after a visit had been paid to Gourbi Island.

"Depend upon it, captain, you are mistaken," replied the lieutenant; "the right thing to do is to use the Dobryna while she is available."

"Available! What do you mean?" asked the count, somewhat taken by surprise.

"I mean," said Procope, "that the farther this Gallia of ours recedes from the sun, the lower the temperature will fall. It is likely enough, I think, that before long the sea will be frozen over, and navigation will be impossible. Already you have learned something of the difficulties of traversing a field of ice, and I am sure, therefore, you will acquiesce in my wish to continue our explorations while the water is still open."

"No doubt you are right, lieutenant," said the count. "We will continue our search while we can for some remaining fragment of Europe. Who shall tell whether we may not meet with some more survivors from the catastrophe, to whom it might be in our power to afford assistance, before we go into our winter quarters?"


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Page:United States Statutes at Large Volume 100 Part 1.djvu/1009

 PUBLIC LAW 99-425—SEPT. 30, 1986

100 STAT. 973

(e) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated $5,000,000 for each of the fiscal years 1987, 1988, and 1989, to carry out this section. TITLE V—LOW-INCOME HOME ENERGY ASSISTANCE PROGRAM SEC. 501. REAUTHORIZATION.

Subsection 0^) of section 2602 of the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 862103)) is amended to read as follows: "(b) There are authorized to be appropriated to carry out the provisions of this title $2,050,000,000 for fiscal year 1987, $2,132,000,000 for fiscal year 1988, $2,218,000,000 for fiscal year 1989, and $2,307,000,000 for fiscal year 1990.". SEC. 502. ADMINISTRATION OF ENERGY CRISIS INTERVENTION PROGRAM. (a) ENERGY CRISIS INTERVENTION.—Section 2604(c) of the Low-

Income Home Energy Assistance Act of 1981 (42 U.S.C. 8623(c)) is amended— (1) in the last sentence— (A) by striking out "and the capacity" and inserting in lieu thereof "the capacity"; and (B) by inserting ", and the ability to carry out the program in local communities" before the period at the end thereof; and (2) by adding at the end thereof the following: "The program for which funds are reserved under this subsection shall— "(1) not later than 48 hours after a household applies for energy crisis benefits, provide some form of assistance that will resolve the energy crisis if such household is eligible to receive such benefits; "(2) not later than 18 hours after a household applies for crisis benefits, provide some form of assistance that will resolve the energy crisis if such household is eligible to receive such benefits and is in a life-threatening situation; and "(3) require each entity that administers such program— "(A) to accept applications for energy crisis benefits at '' sites that are geographically accessible to all households in the area to be served by such entity; and "(B) to provide to low-income individuals who are physically infirm the means— "(i) to submit applications for energy crisis benefits without leaving their residences; or "(ii) to travel to the sites at which such application ' ' are accepted by such entity. The preceding sentence shall not apply to a program in a geographical area affected by a natural disaster in the United States designated by the Secretary, or by a major disaster or emergency designated by the President under the Disaster Relief Act of 1974, for so long as such designation remains in effect, if the Secretary determines that such disaster or such emergency makes compliance with such sentence impracticable.". (b) ISSUANCE OF RULES.—Not later than 60 days after the date of the enactment of this Act, the Secretary of Health and Human

^^IIH.

Disaster assistance. 42 USC 5121 note.

42 USC 8623 note.

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Page:United States Statutes at Large Volume 100 Part 1.djvu/1010

 100 STAT. 974

PUBLIC LAW 99-425—SEPT. 30, 1986

Services shall issue rules to carry out the amendments made by subsection (a). SEC. 503. CALCULATION OF GRANTS TO INDIAN TRIBES.

Section 2604(d)(2) of the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8623(d)(2)) is amended— (1) by striking out "in such State with respect to which a determination under this subsection is made" and inserting in lieu thereof "and residing within the State on the reservation of the tribes or on trust lands adjacent to such reservation"; (2) by inserting before the period at the end of such section a comma and the following: "or such greater amount as the Indian tribe and the State may agree upon"; and (3) by adding at the end thereof the following: "In cases where a tribe has no reservation, the Secretary, in consultation with the tribe and the State, shall define the number of Indian households for the determination under this paragraph." SEC. 504. APPLICATIONS AND REQUIREMENTS.

(a) STATE PROCEDURES.—Section 26050b)(5) of the Low-Income

Home Energy Assistance Act of 1981 (42 U.S.C. 8624(b)(5)) is amended by striking out "in a manner consistent with the efficient and timely payment of benefits" and inserting in lieu thereof "in a timely manner". (b) CONFORMING

Ante, p. 973.

AMENDMENTS.—Section 2605(b) of the

Low-

Income Home Energy Act of 1981 (42 U.S.C. 8624(b)) is amended— (1) by striking out clauses (14), (15), and (16); (2) by inserting "and" at the end of clause (13); and (3) by redesignating clause (17) as clause (14). (c) CONTENTS OF STATE PLAN.—Section 2605(c)(1) of the LowIncome Home Energy Assistance Act of 1981 (42 U.S.C. 8624(c)(1)) is amended by striking out clauses (A) through (E) and inserting in lieu thereof the following: "(A) describes the eligibility requirements to be used by the State for each type of assistance to be provided under this title, including criteria for designating an emergency under section 2604(c); "(B) describes the benefit levels to be used by the States for each type of assistance including assistance to be provided for emergency crisis intervention and for weatherization and other energy-related home repair; "(C) contains estimates of the amount of funds the State will use for each of the programs under such plan and describes the alternative use of funds reserved under section 2604(c) in the event any portion of the amount so reserved is not expended for emergencies; "(D) describes weatherization and other energy-related home repair the State will provide under subsection (k); "(E) describes how the State will carry out assurances in clauses (3), (4), (5), (6), (7), (8), (10), (12), and (13) of subsection (b); and "(F) contains any other information determined by the Secretary to be appropriate for purposes of this title.". (d) MODEL STATE PLAN FORMAT.—Section 2605(c) of the

Low-

Income Home Energy Assistance Act of 1981 (42 U.S.C. 8624(c)) is amended by adding at the end thereof the following new paragraph:

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Page:United States Statutes at Large Volume 100 Part 1.djvu/1011

 PUBLIC LAW 99-425—SEPT. 30, 1986

100 STAT. 975

"(3) Not later than April 1 of each fiscal year the Secretary shall make available to the States a model State plan format that may be used, at the option of each State, to prepare the plan required under paragraph (1) for the next fiscal year.". (e) CONSISTENT TREATMENT OF ENERGY ASSISTANCE PAYMENTS.—

Section 2605(f) of the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8624(f)) is amended— (1) by inserting "(1)" after the subsection designation; (2) by striking out "provided to" and inserting in lieu thereof "provided directly to, or indirectly for the benefit of,"; and (3) by adding at the end thereof the following: "(2) For purposes of paragraph (1) of this subsection and for purposes of determining any excess shelter expense deduction under section 5(e) of the Food Stamp Act of 1977 (7 U.S.C. 2014(e))— "(A) the full amount of such pa3mients or allowances shall be deemed to be expended by such household for heating or cooling expenses, without regard to whether such payments or allowances are provided directly to, or indirectly for the benefit of, such household; and "(B) no distinction may be made among households on the basis of whether such pa3mients or allowances are provided directly to, or indirectly for the benefit of, any of such households.".

< -^'''

^

SEC. 505. GRANTS AND CONTRACTS FOR TECHNICAL ASSISTANCE AND TRAINING. (a)

AUTHORITY TO MAKE GRANTS AND CONTRACTS.—The

Low-

Income Home Energy Assistance Act of 1981 (42 U.S.C. 8621 et seq.) is amended by inserting after section 2609 the following new section: "TECHNICAL ASSISTANCE AND TRAINING

"SEC. 2609A. (a) Of the amounts appropriated under section 42 USC 8628a. 2602(b) for any fiscal year, not more than $500,000 of such amounts Ante, p. 973. may be reserved by the Secretary— "(1) to make grants to State and public agencies and private nonprofit organizations; or "(2) to enter into contracts or jointly financed cooperative arrangements with States and public agencies and private nonprofit organizations; to provide for training and technical assistance related to the purposes of this subtitle, including collection and dissemination of information about programs and projects assisted under this subtitle, and ongoing matters of regional or national significance that the Secretary finds would assist in the more effective provision of services under this title. "(b) No provision of this section shall be construed to prevent the Secretary from making a grant pursuant to subsection (a) to one or more private nonprofit organizations that apply jointly with a busis;; ness concern to receive such grant.". (b) TECHNICAL AMENDMENTS.—Section 2604(a)(1) of the LowIncome Home Energy Assistance Act of 1981 (42 U.S.C. 8623(a)(l)) is amended— (1) in subparagraph (A) by inserting "after reserving any amount permitted to be reserved under section 2609A and" after "remaining"; and

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Page:United States Statutes at Large Volume 100 Part 1.djvu/1012

 100 STAT. 976

PUBLIC LAW 99-425—SEPT. 30, 1986 (2) in subparagraph (B) by inserting "after reserving any amount permitted to be reserved under section 2609A" after "therefor".

SEC. 506. CONTENT OF REPORTS.

Ante, p. 974.

Child Development Associate Scholarship Assistance Act of 1985. 42 USC 10901 note. 42 USC 10901. 42 USC 1397.

Section 2610(b) of the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8629(b)) is amended by inserting before the period at the end thereof the following: ", and a report that describes for the prior fiscal year— "(1) the manner in which States carry out the requirements of clauses (2), (5), (8), and (15) of section 2605(b); and "(2) the impact of each State's program on recipient and eligible households". TITLE VI—CHILD DEVELOPMENT ASSOCIATE SCHOLARSHIP ASSISTANCE PROGRAM SEC. 601. SHORT TITLE.

This title may be cited as the 'Child Development Associate Scholarship Assistance Act of 1985". SEC. 602. GRANTS AUTHORIZED.

The Secretary is authorized to make a grant for any fiscal year to any State receiving a grant under title XX of the Social Security Act for such fiscal year to enable such State to award scholarships to eligible individuals within the State who are candidates for the Child Development Associate credential. SEC. 603. APPLICATIONS. State and local governments. 42 USC 10902.

Rural areas. Urban areas. 42 USC 10903.

(a) APPLICATION REQUIRED.—A State desiring to participate in the grant program established by this title shall submit an application to the Secretary in such form as the Secretary may require. (b) CONTENTS OF APPLICATIONS.—A State's application shall contain appropriate assurances that— (1) scholarship assistance made available with funds provided under this title will be awarded— (A) only to eligible individuals; (B) on the basis of the financial need of such individuals; ' and (C) in amounts sufficient to cover the cost of application, assessment, and credentialing for the Child Development Associate credential for such individuals; and (2) not more than 10 percent of the funds received by the State under this title will be used for the costs of administering the program established in such State to award such assistance. (c) EQUITABLE DISTRIBUTION.—In making grants under this title, the Secretary shall— (1) distribute such grants equitably among States; and (2) ensure that the needs of rural and urban areas are appropriately addressed. SEC. 604. DEFINITIONS.

For purposes of this title— (1) the term "eligible individual" means a candidate for the Child Development Associate credential whose income does not exceed the poverty line, as defined in section 673(2) of the

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Page:United States Statutes at Large Volume 100 Part 1.djvu/1013

 PUBLIC LAW 99-425—SEPT. 30, 1986

100 STAT. 977

Community Services Block Grant Act (42 U.S.C. 9902(2)), by more than 50 percent; (2) the term "Secretary" means the Secretary of Health and Human Services; and (3) the term "State" means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands, the Commonwealth of the Northern Mariana Islands, the Marshall Islands, the Federated States of Micronesia, and Palau. SEC. 605. ADMINISTRATIVE PROVISIONS.

(a) REPORTING.—Each State receiving grants under this title shall annually submit to the Secretary information on the number of eligible individuals assisted under the grant program, and their positions and salaries before and after receiving the Child Development Associate credential. Ob) PAYMENTS.—Payments pursuant to grants made under this title may be made in installments, and in advance or by way of reimbursement, with necessary adjustments on account of overpayments or underpayments, as the Secretary may determine. SEC. 606. AUTHORIZATION OF APPROPRIATIONS.

There is authorized to be appropriated $1,500,000 for each of the fiscal years 1987, 1988, 1989, and 1990 for carrying out this title. TITLE VII—EXCELLENCE IN EDUCATION SEC. 701. TECHNICAL AMENDMENTS.

Section 604(b) of the Excellence in Education Act (20 U.S.C. 4O330t))) is amended— (1) in paragraph (2) by inserting after "fiscal year" the second place it appears the following: "in which the appropriations for that year exceed $15,000,000"; and (2) in paragraph (3) by inserting after "fiscal year" the second place it appears the following: "in which the appropriations for that year exceed $15,000,000". TITLE VIII—REPORT REGARDING HOURS OF EMPLOYMENT OF BATBOYS AND BATGIRLS SEC. 801. REPORT TO CONGRESS.

Not later than 180 days after the date of the enactment of this Act, the Secretary of Labor shall— (1) determine whether a change in the permissible hours of employment for batboys and batgirls would be detrimental to their well-being and whether any such change should be proposed to the Congress; and (2) submit a report to the President pro tempore of the Senate and the Speaker of the House of Representatives describing the '^'- results of such determination.

State and local governments. 42 USC 10904.

42 USC 10905.

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text:
Author:Martin Theodoor Houtsma

Works

 * (ed.) Encyclopaedia of Islam (1913–1938)

title: Author:Martin Theodoor Houtsma


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Page:United States Statutes at Large Volume 100 Part 1.djvu/1014

 100 STAT. 978

PUBLIC LAW 99-425—SEPT. 30, 1986

TITLE IX—BEGINNING READING INSTRUCTION STUDY AND LISTING REQUIRED SEC. 901. STUDY AND LISTING REQUIRED.

Public information.

(a) STUDY.—The Secretary of Education (hereinafter in this title referred to as the "Secretary") shall conduct a study in order to compile a complete list, by name, of beginning reading instruction programs and methods, including phonics, indicating— (1) the average cost per pupil of such programs and methods; and (2) whether such programs and methods do or do not present well-designed instruction as recommended in the report of the Commission on Reading entitled "Becoming a Nation of Readers". The listing required by this section shall be written in such a way as to be understandable to the general public. (b) PUBLIC COMMENT.—In carrying out the study required by this section, the Secretary shall solicit public comments on beginning reading programs and methods. (c) REPORTS.—The Secretary shall prepare and submit to the Congress such interim reports of the study and listing as the Secretary deems advisable. The Secretary shall prepare and submit a final report containing the listing required by this subsection to the Congress not later than 12 months after the date of the enactment of this Act. The Secretary shall publicize and disseminate nationally the listing required by this section to the education community, parents, and other interested persons.

TITLE X—EFFECTIVE DATES AND RELATED MATTERS 42 USC 8621

SEC. 1001. EFFECTIVE DATES; APPLICATION OF AMENDMENTS.

(a) GENERAL EFFECTIVE DATE.—Except as provided in subsections Qji) and (c), this Act and the amendments made by this Act shall take effect on October 1, 1986, or the date of the enactment of this Act, whichever occurs later. (b) EFFECTIVE DATE FOR ENERGY CRISIS INTERVENTION AMENDMENTS. —The amendments made by section 502(a) shall take effect

on December 1, 1986, or 60 days after the date of the enactment of this Act, whichever occurs later.

(c) APPLICATION OF CERTAIN OTHER AMENDMENTS RELATING TO ENERGY ASSISTANCE.—The amendments made by subsections (a), (b, >

(c), and (d) of section 504 shall not apply with respect to any fiscal year beginning in or before the 60-day period ending on the effective date of this Act. Approved September 30, 1986. LEGISLATIVE HISTORY—H.R. 4421 (S. 2444):

HOUSE REPORTS: No. 99-545 (Comm. on Education and Labor) and No. 99-815 (Comm. of Conference). SENATE REPORTS: No. 99-327 accompanying S. 2444 (Comm. on Labor and Human RGSOurcGs) CONGRESSIONAL RECORD, Vol. 132 (1986): Apr. 29, considered and passed House. July 14, considered and passed Senate, amended, in lieu of S. 2444. Sept. 16, House agreed to conference report. Sept. 17, Senate agreed to conference report.

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Page:United States Statutes at Large Volume 100 Part 1.djvu/1015

 PUBLIC LAW 99-426—SEPT. 30, 1986

100 STAT. 979

Public Law 99-426 99th Congress An Act To amend the Department of Defense Authorization Act, 1985, to provide that members of the Commission on Merchant Marine and Defense shall not be considered to be Federal employees for certain purposes, to extend the deadline for reports of the Commission, and to extend the availability of funds appropriated to the Commission.

Sept. 30, 1986 rxj TJ /i t;Qm LH.K. 45dliJ

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. STATUS OF MEMBERS OF COMMISSION ON MERCHANT MARINE AND DEFENSE; EXTENSIONS OF REPORT DEADLINES AND AVAILABILITY OF APPROPRIATIONS.

(a) STATUS OF COMMISSION MEMBERS.—Subsection (d) of section

1536 of the Department of Defense Authorization Act, 1985 (Public Law 98-525; 98 Stat. 2633), is amended— (1) by inserting "(D" after "(d)"; and (2) by adding at the end the following new paragraph: "(2) A member of the Commission appointed under subsection (c)(1)(C) (who is not otherwise employed by the Federal Government) shall not be considered to be a Federal employee, except for the purposes of— "(A) chapter 81 of title 5, United States Code, relating to compensation for work-related injuries; and "(B) chapter 171 of title 28, United States Code, relating to tort claims.". (b) EXTENSIONS.—Such section is further amended as follows: (1) The last sentence of subsection (b) and the first sentence of subsection (g) are each amended by striking out "the date of the enactment of the law first providing funds for the Commission" and inserting in lieu thereof "the date on which sufficient members of the Commission to constitute a quorum have been appointed". (2) The second sentence of subsection (g) is amended by striking out "of enactment" each place it appears. (3) The last sentence of subsection (i) is amended by striking i out "September 30, 1988" and inserting in lieu thereof "36 y months after the date on which sufficient members of the V Commission to constitute a quorum have been appointed". Approved September 30, 1986.

LEGISLATIVE HISTORY—H.R. 4530: HOUSE REPORTS: No. 99-601 (Comm. on Armed Services). CONGRESSIONAL RECORD, Vol. 132 (1986): May 19, considered and passed House. Sept. 12, considered and passed Senate.

46 USC app. 1120 note.

5 USC 8101 et olWor. oc^i 28^USC 26ae<

seq.

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Page:United States Statutes at Large Volume 100 Part 1.djvu/1016

 100 STAT. 980

PUBLIC LAW 99-427—SEPT. 30, 1986

Public Law 99-427 99th Congress Sept. 30, 1986 [S. 1963] Public lands.

An Act

To direct the Secretary of the Interior to convey certain interests in lands in Socorro County, New Mexico, to the New Mexico Institute of Mining and Technology.

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

Research and development. Education.

(a) CONVEYANCE.—Subject to valid existing rights and except as provided in section 3, the Secretary of the Interior (hereafter in this Act referred to as the "Secretary") is authorized and directed to convey to the New Mexico Institute of Mining and Technology (hereafter in this Act referred to as the "Institute"), Socorro, New Mexico, at fair market value, as determined by the Secretary, all right, title, and interest of the United States in and to the public lands aggregating approximately 8,501.55 acres in Socorro County, New Mexico, as generally depicted on a map entitled "New Mexico Institute of Mining and Technology Land Transfer, Socorro, New Mexico" dated 1985, to be used for research and education. (b) SURVEY.—The conveyance required by subsection (a) shall occur only after the Institute performs and provides to the Secretary a survey of the archeological resources of the area which identifies the mitigation measures, if any, that the Institute, in coordination with the State of New Mexico Historic Preservation Office, will implement following the conveyance and shall be conditioned on the implementation of such mitigation measures. SEC. 2. MAPS AND DESCRIPTION OF LANDS.

Public information.

As soon as practicable after enactment of this Act, the Secretary shall submit a map and legal description of the public lands designated in the first section of this Act to the Committee on Energy and Natural Resources of the Senate and the Committee on Interior and Insular Affairs of the House of Representatives. Such map and legal description shall have the same force and effect as if included in this Act, except that any clerical or typographical errors in such map or legal description may be corrected. The Secretary shall place such map and legal description on file, and make them available for public inspection, in the Office of the Director, New Mexico State Office, Bureau of Land Management, Santa Fe, New Mexico.

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Page:United States Statutes at Large Volume 100 Part 1.djvu/1017

 PUBLIC LAW 99-427—SEPT. 30, 1986

100 STAT. 981

SEC. 3. RESERVATION OF RIGHTS.

Minerals and

There are reserved to the United States all minerals that may be Patents and found in the lands described in the first section: Provided, however, trademarks. That such lands, except for valid existing rights, shall not be available for location and patent under the United States Mining Law, Act of May 10, 1872, 17 Stat. 91, 30 U.S.C. 22, 28, 28b. Approved September 30, 1986.

LEGISLATIVE HISTORY—S. 1963 (H.R. 4971): HOUSE REPORTS: No. 99-76 accompanying H.R. 4971 (Comm. on Interior and Insular Affairs). SENATE REPORTS: No. 99-341 (Comm. on Energy and Natural Resources). CONGRESSIONAL RECORD, Vol. 132 (1986): Aug. 1, considered and passed Senate. Aug. 11, considered and passed House, amended, in lieu of H.R. 4971. Sept. 17, Senate concurred in House amendment.

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Page:United States Statutes at Large Volume 100 Part 1.djvu/1018

 100 STAT. 982

PUBLIC LAW 99-428—SEPT. 30, 1986

Public Law 99-428 99th Congress

3v;a3s.i:,'>:'^

An Act Sept. 30, 1986 [S. 2095] Tribally Controlled Community College Assistance Amendments of 1986. Education. Indians. 25 USC 1801 note.

To reauthorize the Tribally Controlled Community College Assistance Act of 1978 and the Navajo Community College Act.

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

This Act may be cited as the "Tribally Controlled Community College Assistance Amendments of 1986". SEC. 2. AUTHORIZATION OF APPROPRIATIONS.

(a) GRANT PROGRAMS.—Subsection (a) of section 110 of the Tribally Controlled Community College Assistance Act of 1978 (25 U.S.C. 1810(a)) is amended— (1) by striking out "1985, 1986, and 1987" in paragraph (1) and inserting in lieu thereof "1987, 1988, 1989, and 1990", and (2) by striking out "such fiscal years" in paragraphs (2) and (3) and inserting in lieu thereof "the fiscal years 1987, 1988, 1989, and 1990". (b) ENDOWMENT PROGRAM.—Section 306 of the Tribally (Dontrolled Community College Assistance Act of 1978 (25 U.S.C. 1836) is amended by striking out "1985, 1986, and 1987" and inserting in lieu thereof "1987, 1988, 1989, and 1990". SEC. 3. DEFINITIONS.

(a) SATISFACTORY PROGRESS.—Subsection (a) of section 2 of the

Tribally Controlled Community College Assistance Act of 1978 (25 U.S.C. 1801(a)) is amended— (1) by striking out "and" at the end of paragraph (6), (2) by striking out the period at the end of paragraph (7) and inserting in lieu thereof; and", and (3) by adding at the end thereof the following new paragraph: "(8) 'satisfactory progress toward a degree or certificate' has the meaning given to such term by the institution at which the student is enrolled.". (b) INDIAN STUDENT COUNT.—Subsection (b) of section 2 of the

Tribally Controlled Community College Assistance Act of 1978 (25 U.S.C. 1801(b)) is amended— (1) by striking out ", in accordance with the standards and practices of the appropriate accrediting agency or the institution at which the student is in attendance," in paragraph (5), (2) by redesignating paragraphs (3), (4), and (5) as paragraphs (4), (5), and (6), respectively, and (3) by inserting after paragraph (2) the following new paragraph: "(3) Credits earned by any student who has not obtained a high school degree or its equivalent shall be counted toward the computation of the Indian student count if the institution at which the student is in attendance has established criteria for the admission of

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Page:United States Statutes at Large Volume 100 Part 1.djvu/1019

 PUBLIC LAW 99-428—SEPT. 30, 1986

100 STAT. 983

such student on the basis of the student's ability to benefit from the education or training offered. The institution shall be presumed to have established such criteria if the admission procedures for such studies include counseling or testing that mesisures the student's aptitude to successfully complete the course in which the student has enrolled. No credits earned by such student for purposes of obtaining a high school degree or its equivalent shall be counted toward the computation of the Indian student count.". SEC. 4. OPERATION AND IMPROVEMENT GRANTS. Paragraph (2) of section 108(a) of the Tribally Controlled Community College Assistance Act of 1978 (25 U.S.C. 1808(a)(2)) is amended to read as follows: "(2) $5,820,". SEC. 5. CONTRACTS UNDER INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE ACT.

Subsection (h) of section 109 of the Tribally Controlled Community College Assistance Act of 1978 (25 U.S.C. 18090?)) is amended by adding at the end thereof the following new paragraph: "(3) No tribally controlled community college for which a tribe has designated a portion of the funds appropriated for the tribe from funds appropriated under the Act of November 2, 1921 (42 Stat. 208; 25 U.S.C. 13) may be denied a contract for such portion under the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.) (except as provided in that Act), or denied appropriate contract support to administer such portion of the appropriated funds.". SEC. 6. REPORT ON FACILITIES.

(a) IN GENERAL.—Section 112 of the Tribally Controlled Community College Assistance Act of 1978 (25 U.S.C. 1812) is amended— (1) by striking out "Administrator of General Services" each place it appears and inserting in lieu thereof "Secretary", and (2) by striking out "enactment of this subsection" in subsection (a) and inserting in lieu thereof "enactment of the Tribally Controlled Community College Assistance Amendments of 1986". (b) CONFORMING AMENDMENT.—Section 113(a) of the Tribally Controlled Community College Assistance Act of 1978 (25 U.S.C. 1813(a)) is amended by striking out "Administrator of General Services" and inserting in lieu thereof "Secretary". SEC. 7. NAVAJO COMMUNITY COLLEGE.

Section 5 of the Navajo Community College Act (25 U.S.C. 640c-l) is amended—

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Page:United States Statutes at Large Volume 100 Part 1.djvu/1020

 100 STAT. 984

PUBLIC LAW 99-428—SEPT. 30, 1986 (1) by striking out "the fiscal year beginning October 1, 1984, and for the three succeeding fiscal years" in subsection (a)(1) and inserting in lieu thereof "each of the fiscal years 1987, 1988, 1989, and 1990", and (2) by striking out "for any fiscal year" in subsection (b)(1) and inserting in lieu thereof "for each fiscal year". Approved September 30, 1986.

LEGISLATIVE HISTORY—S. 2095: SENATE REPORTS: No. 99-324 (Select Comm. on Indian Affairs). CONGRESSIONAL RECORD, Vol. 132 (1986): June 25, considered and passed Senate. Sept. 16, considered and passed House.

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Page:United States Statutes at Large Volume 100 Part 1.djvu/1021

 PUBLIC LAW 99-429—SEPT. 30, 1986

100 STAT. 985

Public Law 99-429 99th Congress An Act To temporarily delay the repeal of the United States Trustee System.

Sept. 30, 1986 [S. 2888]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That effective immediately before September 30, 1986, section 408(c) of the Act of November 6, 1978 (Public Law 95-598; 92 Statute 2687), is amended 28 USC note by striking out "September 30, 1986" and inserting in lieu thereof P^ec. 581. "November 10, 1986". Approved September 30, 1986.

LEGISLATIVE HISTORY—S. 2888: CONGRESSIONAL RECORD, Vol. 132 (1986): Sept. 27, considered and passed Senate. Sept. 29, considered and passed House.

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Page:United States Statutes at Large Volume 100 Part 1.djvu/1022

 100 STAT. 986

PUBLIC LAW 99-430—SEPT. 30, 1986

Public Law 99-430 99th Congress

oqp. An Act

Sept. 30, 1986 [S. J. Res. 353]

Ante, p. 673.

To provide for the extension of certain programs relating to housing and community development, and for other purposes.

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That each provision of law amended by Public Law 99-345 is amended by striking out "September 30, 1986" wherever it appears and inserting in Heu thereof "September 30, 1987". Approved September 30, 1986.

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LEGISLATIVE HISTORY—S.J. Res. 353 (H.R. 1): HOUSE REPORTS: No. 99-230 and Pt. 2 accompanying H.R. 1 (Comm. on Banking, Finance and Urban Affairs). CONGRESSIONAL RECORD, Vol. 132 (1986): May 13, June 4, 5, 11, 12, H.R. 1 considered and passed House. Sept. 26, S.J. Res. 353 considered and passed Senate. '^ * Sept. 30, considered and passed House.

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Page:United States Statutes at Large Volume 100 Part 1.djvu/1023

 PUBLIC LAW 99-431—SEPT. 30, 1986

100 STAT. 987

Public Law 99-431 99th Congress Joint Resolution To provide for a settlement to the Maine Central Railroad Company and Portland Terminal Company labor-management dispute.

Whereas the labor dispute between the common rail carriers, Maine Central Railroad Company and Portland Terminal Company, and certain of the employees of such carriers represented by the Brotherhood of Maintenance of Way Employees threatens essential transportation services of the Nation; Whereas it is essential to the national interest, including the national health and defense, that essential transportation services be maintained; Whereas the Congress finds that emergency measures are essential to security and continuity of transportation services by such carriers; Whereas the President by Executive Order Numbered 12557 of May 16, 1986, pursuant to the provisions of section 10 of the Railway Labor Act (45 U.S.C. 160), created a Presidential Emergency Board to investigate the dispute and report findings; Whereas the recommendations of Presidential Emergency Board Numbered 209 for settlement of such dispute have not yet resulted in a settlement; Whereas the extension of the provisions of section 10 of the Railway Labor Act (45 U.S.C. 160) for an additional 60-day period to such dispute provided by the joint resolution entitled: "Joint resolution to provide for a temporary prohibition of strikes or lockouts with respect to the Maine Central Railroad Company and the Portland Terminal Company labor-management dispute", approved August 21, 1986 (Public Law 99-385), has not yet resulted in a settlement of such dispute; Whereas the advisory board established pursuant to section 2 of such joint resolution recommended that in the event that the parties to the dispute were unable to reach agreement on the dispute before September 13, 1986, the Congress should enact legislation directing the parties to accept and apply the recommendations of Emergency Board Numbered 209, and if such parties are unable to agree as to all necessary details in applying the recommendations of such Emergency Board, all such unsettled issues should be submitted to final and binding arbitration; Whereas all the procedures for resolving such dispute provided for in the Railway Labor Act have been exhausted and have not yet resulted in settlement of the dispute; Whereas the Congress, under the Commerce Clause of the Constitution, has the authority and responsibility to ensure the uninterrupted operation of essential transportation services; and Whereas the Congress in the past has enacted legislation for such purposes: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled. That the following

Sept. 30, 1986 [S.J. Res. 415]

3 CFR, 1986 Comp., p. 215.

Ante, p. 819.

45 USC 151 note.

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Page:United States Statutes at Large Volume 100 Part 1.djvu/1024

 100 STAT. 988 3 CFR, 1986 Comp., p. 215.

45 USC 157. 45 USC 159.

PUBLIC LAW 99-431—SEPT. 30, 1986

conditions shall apply to the dispute referred to in Executive Order Numbered 12557 of May 16, 1986, between the common rail carriers, Maine Central Railroad Company and Portland Terminal Company (hereafter in this resolution referred to as the "carriers") and the employees of such carriers represented by the Brotherhood of Maintenance of Way Employees.

(1) The parties to such dispute shall take all necessary steps to restore or preserve the conditions out of which such dispute arose as such conditions existed before 12:01 ante meridiem of March 3, 1986, except as provided in paragraphs (2) through (4). (2) The report and recommendations of Presidential Emergency Board Numbered 209 shall be binding on the parties and shall have the same effect as though arrived at by agreement of the parties under the Railway Labor Act (45 U.S.C. 151 et seq.), except that nothing in this joint resolution shall prevent a mutual written agreement by the parties to any terms and conditions different from those established by this joint resolution. (3)(A) If there are unresolved implementing issues remaining with respect to the report and recommendations or agreement under paragraph (2) after ten days after the date of the enactment of this joint resolution, the parties to the dispute shall enter into binding arbitration to provide for a resolution of such issues. (B) The National Mediation Board established by section 4 of the Railway Labor Act (45 U.S.C. 154) shall appoint an arbitrator to resolve the issues described in subparagraph (A). Except as provided in this joint resolution, such arbitration shall be conducted as if it were under section 7 of such Act, and any award of such arbitration shall be enforceable as if under section 9 of such Act. (4) Within thirty days after the date of the enactment of this joint resolution, the binding arbitration entered into pursuant to paragraph (3) shall be completed. Approved September 30, 1986.

LEGISLATIVE HISTORY—S.J. Res. 415: CONGRESSIONAL RECORD, Vol. 132 (1986): Sept. 17, considered and passed Senate. Sept. 23, considered and passed House. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 22 (1986): Sept. 30, Presidential statement.

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Page:United States Statutes at Large Volume 100 Part 1.djvu/1025

 PUBLIC LAW 99-432— OCT. 1, 1986

Public Law 99-432 99th Congress

100 STAT. 989

An Act

To reauthorize the Atlantic Striped Bass Conservation Act, and for other purposes.

Oct. 1, 1986 [H.R. 3358]

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

Paragraphs (2), (3), and (4) of section 3 of the Atlantic Striped Bass Conservation Act (16 U.S.C. 1851 note) are amended to read as follows: "(2) The term 'Atlantic striped bass' means members of stocks or populations of the species Morone saxatilis, which ordinarily migrate seaward of the waters described in paragraph (3)(A)(i). "(3) The term 'coastal waters' means— "(A) for each coastal State referred to in paragraph (4)(A)"(i) all waters, whether salt or fresh, of the coastal State shoreward of the baseline from which the territorial sea of the United States is measured; and "(ii) the waters of the coastal State seaward from the baseline referred to in clause (i) to the inner boundary of the exclusive economic zone; "(B) for the District of (Columbia, those waters within its f jurisdiction; and "(C) for the Potomac River Fisheries Commission, those waters of the Potomac River within the boundaries established by the Potomac River Compact of 1958. "(4) The term 'coastal State' means— "(A) Pennsylvania and each State of the United States bordering on the Atlantic Ocean north of the State of South Carolina; "(B) the District of Columbia; and ' "(C) the Potomac River Fisheries Commission established by the Potomac River Compact of 1958.". SEC. 2. COMMISSION FUNCTIONS.

Section 4 of the Atlantic Striped Bass Conservation Act (16 U.S.C. 1851 note) is amended by— (a) striking subsections (a) and (c) and redesignating subsections (b) and (d) as (a) and (b) respectively; (b) amending subsection (a), as so redesignated, to read as follows: "(a) MONITORING OF IMPLEMENTATION AND ENFORCEMENT.—

"(1) During December of fiscal year 1987, and of each fiscal year thereafter, the Commission shall determine: "(A) whether each coastal State has adopted all regulatory measures necessary to fully implement the Plan in its coastal waters; and

District of Columbia.

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Page:United States Statutes at Large Volume 100 Part 1.djvu/1026

 100 STAT. 990

PUBLIC LAW 99-432—Oct. 1, 1986 "(B) whether the enforcement of the Plan by each coastal State is satisfactory. Enforcement by a coastal State shall not be considered satisfactory by the Commission if, in its view, the enforcement is being carried out in such a manner that the implementation of the Plan within its coastal waters is being, or will likely be, substantially and ^: adversely affected. "(2) The Commission shall immediately notify the Secretaries of each negative determination made by it under this subsection."; (c) amending subsection (b), as so redesignated, to read as follows: "(b) SECRETARIAL ACTION AFTER NOTIFICATION.—Upon receiving

notice from the Commission under subsection (a) that a coastal State has not taken the actions described in that subsection, the Secretaries shall determine jointly, within thirty days, whether that coastal State is in compliance with the Plan and, if the State is not in compliance, the Secretaries shall declare jointly a moratorium on fishing for Atlantic striped bass within the coastal waters of that coastal State. In making such a determination, the Secretaries shall carefully consider and review the comments of the Commission and that coastal State in question.". SEC. 3. MORATORIUM.

Section 5 of the Atlantic Striped Bass Conservation Act (16 U.S.C. 1851 note) is amended by— (a) striking "(4)(d)" and inserting in lieu thereof "(4)(b)"; and (b) striking "Secretary" and inserting in lieu thereof "Secretaries". SEC. 4. AUTHORIZATION OF APPROPRIATIONS.

Section 7 of the Atlantic Striped Bass Conservation Act (16 U.S.C. 1851 note) is amended to read as follows: "SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

"For each of fiscal years 1986, 1987, and 1988, there are authorized to be appropriated such sums as may be necessary or appropriate to carry out this Act.". ,,.,, 16 USC 1851

SEC. 5. EFFECTIVE PERIOD.

Section 9 of the Atlantic Striped Bass Conservation Act is amended by striking "18 months after the date of the enactment of this Act." and inserting in lieu thereof "at the close of September 30, 1988.". 16 USC 757g.

SEC. 6. FUNDING OF STRIPED BASS STUDIES.

Section 7(d) of the Anadromous Fish Conservation Act (16 U.S.C. 767g(d)) is amended by striking "and September 30, 1986" and inserting in lieu thereof "September 30, 1986, September 30, 1987, and September 30, 1988". SEC. 7. TRANSFER OF MILES CITY NATIONAL FISH HATCHERY.

Montana. 16 USC 760-2 note.

Notwithstanding any other law, the Secretary of the Interior shall convey to the State of Montana, without reimbursement to the United States and no later than thirty days following enactment of this legislation, all of the rights (including all water rights), title, and interest of the United States in and to the fish hatchery property located south of Miles City, Montana, and known as the

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Page:United States Statutes at Large Volume 100 Part 1.djvu/1027

 PUBLIC LAW 99-432—OCT. 1, 1986

100 STAT. 991

Miles City National Fish Hatchery, consisting of 168.22 acres, more or less, of land, together with any improvements and related personal property thereon. The property conveyed shall be used by the Montana Department of Fish, Wildlife and Parks as part of the Montana fishery resources management program. If the property conveyed is ever used for other than these purposes, title to such property shall revert to the United States. Approved October 1, 1986.

-193.

LEGISLATIVE HISTORY—H.R. 3358 (S. 1813): HOUSE REPORTS: No. 99-532 (Comm. on Merchant Marine and Fisheries). SENATE REPORTS: No. 99-287 accompanying S. 1813 (Comm. on Environment and Public Works). CONGRESSIONAL RECORD, Vol. 132 (1986): Apr. 29, considered and passed House. June 26, considered and passed Senate, amended, in lieu of S. 1813. Sept. 16, House concurred in Senate amendment. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 22 (1986): Oct. 1, Presidential statement.

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Page:United States Statutes at Large Volume 100 Part 1.djvu/1028

 100 STAT. 992

PUBLIC LAW 99-433—OCT. 1, 1986

Public Law 99-433 99th Congress An Act

Oct. 1, 1986 [H.R. 3622]

GoldwaterNichols Department of Defense Reorganization Act of 1986. Armed Forces. Defense and national security. 10 USC 111 note.

To reorganize the Department of Defense and strengthen civilian authority in the Department of Defense, to improve the military advice provided to the President, the National Security Council, and the Secretary of Defense, to place clear responsibility on the commanders of the unified and specified combatant commands for the accomplishment of missions assigned to those commands and ensure that the authority of those commanders is fully commensurate with that responsibility, to increase attention to the formulation of strategy and to contingency planning, to provide for more efficient use of defense resources, to improve joint officer management policies, otherwise to enhance the effectiveness of military operations and improve the management and administration of the Department of Defense, and for other purposes.

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

(a) SHORT TITLE.—This Act may be cited as the "GoldwaterNichols Department of Defense Reorganization Act of 1986". (h) TABLE OF CONTENTS.—The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. References to title 10, United States Code. Sec. 3. Policy. TITLE I—DEPARTMENT OF DEFENSE GENERALLY Sec. 101. Organization of the Department of Defense. Sec. 102. Powers and duties of the Secretary of Defense. Sec. 103. Modification of authority of Secretary of Defense to reorganize the Department of Defense. Sec. 104. Office of the Secretary of Defense. Sec. 105. Under Secretary for Policy and Director of Defense Research and Engineering. Sec. 106. Assistant Secretaries of Defense. Sec. 107. Comptroller of the Department of Defense. Sec. 108. Inspector General of the Department of Defense. Sec. 109. Management studies of Office of the Secretary of Defense. Sec. 110. Technical and conforming amendments. TITLE II—MILITARY ADVICE AND COMMAND FUNCTIONS PART A—JOINT CHIEFS OF STAFF

Sec. Sec. Sec. Sec.

201. 202. 203. 204.

Revised functions of Chairman; establishment of Vice Chairman. Provisions relating to Vice Chairman. Participation in National Security Council meetings. Transition. PART B—COMBATANT COMMANDS

Sec. Sec. Sec. Sec.

211. 212. 213. 214.

Establishment of combatant commands and authority of commanders. Initial review of combatant commands. Repeal of certain limitations on command structure. Transition. ..

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Page:United States Statutes at Large Volume 100 Part 1.djvu/1029

 PUBLIC LAW 99-433—OCT. 1, 1986

100 STAT. 993

TITLE III—DEFENSE AGENCIES AND DEPARTMENT OF DEFENSE FIELD ACTIVITIES Sec. 301. Establishment and management of Defense Agencies and Department of Defense Field Activities. Sec. 302. Definitions of Defense Agency and Department of Defense Field Activity. Sec. 303. Reassessment of Defense Agencies and DOD Field Activities. Sec. 304. Transition. TITLE IV—JOINT OFFICER PERSONNEL POLICY Sec. 401. Joint officer management. Sec. 402. Promotion procedures for joint officers. Sec. 403. Consideration of joint duty in senior general and flag officer appointments and advice on qualifications. Sec. 404. Joint duty assignment as prerequisite for promotion to general or flag officer grade. Sec. 405. Annual report on implementation. Sec. 406. Transition. TITLE V—MILITARY DEPARTMENTS PART A—DEPARTMENT OF THE ARMY

Sec. 501. The Army Secretariat. Sec. 502. The Army Staff. Sec. 503. Authority to organize Army into commands, forces, and organizations PART B—DEPARTMENT OF THE NAVY

Sec. Sec. Sec. Sec.

511. 512. 513. 514.

The Navy Secretariat. Office of the Chief of Naval Operations. Headquarters, Marine Corps. Technical and clerical amendments. PART C—DEPARTMENT OF THE AIR FORCE

Sec. 521. The Air Force Secretariat. Sec. 522. The Air Staff. Sec. 523. Authority to organize Air Force into separate organizations. PART D—GENERAL CONFORMING AMENDMENTS AND TRANSITION PROVISIONS

Sec. 531. Conforming amendments. Sec. 532. Transition. Sec. 601. Sec. Sec. Sec. Sec.

602. 603. 604. 605.

TITLE VI—MISCELLANEOUS Reduction in personnel assigned to management headquarters activities and certain other activities. Reduction of reporting requirements. Annual report on national security strategy. Legislation to make required conforming changes in law. General technical amendments.

SEC. 2. REFERENCES TO TITLE 10, UNITED STATES CODE

Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of title 10, United States Code. SEC. 3. POLICY

10 USC 111 note.

In enacting this Act, it is the intent of Congress, consistent with the congressional declaration of policy in section 2 of the National Security Act of 1947 (50 U.S.C. 401)— (1) to reorganize the Department of Defense and strengthen civilian authority in the Department; (2) to improve the military advice provided to the President, the National Security Council, and the Secretary of Defense;

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Page:United States Statutes at Large Volume 100 Part 1.djvu/1030

 100 STAT. 994

PUBLIC LAW 99-433—OCT. 1, 1986 (3) to place clear responsibility on the commanders of the unified and specified combatant commands for the accomplishment of missions assigned to those commands; (4) to ensure that the authority of the commanders of the unified and specified combatant commands is fully commensurate with the responsibility of those commanders for the accomplishment of missions assigned to their commands; (5) to increase attention to the formulation of strategy and to contingency planning; (6) to provide for more efficient use of defense resources; (7) to improve joint officer management policies; and (8) otherwise to enhance the effectiveness of military operations and improve the management and administration of the Department of Defense.

TITLE I—DEPARTMENT OF DEFENSE GENERALLY 10 USC 101 et ««9-

SEC. 101. ORGANIZATION OF THE DEPARTMENT OF DEFENSE (a) REORGANIZATION OF CODE.—(1) Part I of subtitle A is amended by inserting after chapter 1 the following new chapter: "CHAPTER 2—DEPARTMENT OF DEFENSE "Sec. "111. "112. "113. "114. "115.

V

n

Executive department. Department of Defense: seal. Secretary of Defense. Annual authorization of appropriations. Annual authorization of personnel strengths; annual manpower requirements report. "116. Annual operations and maintenance report. "117. Annual report on North Atlantic Treaty Organization readiness. "118. Sale or transfer of defense articles: reports to Congress.".

10 USC 131 et s«9-

(2) The sections of chapter 4 listed in the left-hand column of the following table are transferred (in the order they appear in that column) to the end of chapter 2 of such title, as added by paragraph (1), and are redesignated in accordance with the corresponding section numbers in the right-hand column of the table, as follows: Existing sections of chapter 4: 131 132 133 138 133a 133b

10 USC 121 et seq.

(3) The sections of chapter 4 listed in the left-hand column of the following table are transferred (in the order they appear in that column) to the end of chapter 3 of such title and are redesignated in accordance with the corresponding section numbers in the righthand column of the table, as follows: Existing sections of chapter 4: 140 140a 140b 140c

10 USC 2201 et seq-

New sections of chapter 2 Ill 112 113 114 117 118

New sections of chapter 3 127 128 129 130

(4) Part IV of subtitle A is amended by inserting after chapter 143 the following new chapter:

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Page:United States Statutes at Large Volume 100 Part 1.djvu/1031

 PUBLIC LAW 99-433—OCT. 1, 1986

100 STAT. 995

"CHAPTER 144—OVERSIGHT OF COST GROWTH IN MAJOR PROGRAMS "Sec. "2431. "2432. "2433. "2434.

Weapons development and procurement schedules. Selected Acquisition Reports. Unit cost reports. Independent cost estimates.".

^ ' "

(5) The sections of chapter 4 listed in the left-hand column of the following table are transferred (in the order they appear in that column) to chapter 144, as added by paragraph (4), and are redesignated in accordance with the corresponding section numbers in the right-hand column of the table, as follows: Existing sections of chapter 4: 139 139a 139b 139c

New sections of chapter 3 2431 2432 2433 2434

(6) The heading of chapter 4 is amended to read as follows: "CHAPTER 4—OFFICE OF THE SECRETARY OF DEFENSE". (7) Chapter 4 is amended by redesignating sections of such chapter listed in the left-hand column of the following table in accordance with the corresponding section numbers in the right-hand column of the table, as follows: Existing sections: 134 134a 136a 137 (b) ELEMENTS OF THE DEPARTMENT.—Section

New sections 132 133 138 139

111 (as transferred and redesignated by subsection (a)(2)) is amended— (1) by inserting "(a)" before "The Department of Defense"; and (2) by adding at the end the following: "(b) The Department is composed of the following: "(1) The Office of the Secretary of Defense. "(2) The Joint Chiefs of Staff. "(3) The Joint Staff. "(4) The Defense Agencies. "(5) Department of Defense Field Activities. "(6) The Department of the Army. "(7) The Department of the Navy. "(8) The Department of the Air Force. "(9) The unified and specified combatant commands. "(10) Such other offices, agencies, activities, and commands as may be established or designated by law or by the President. "(11) All offices, agencies, activities, and commands under the control or supervision of any element named in paragraphs (1) through (10). "(c) If the President establishes or designates an office, agency, activity, or command in the Department of Defense of a kind other than those described in paragraphs (1) through (9) of subsection (b).

President of U.S.

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