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Page:United States Statutes at Large Volume 101 Part 1.djvu/911

 PUBLIC LAW 100-150—NOV. 3, 1987

101 STAT. 881

Public Law 100-150 100th Congress An Act To designateasement of the Kings River in California as a wild and scenic river, and for other purposes.

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Nov. 3, 1987 [H.R. 799]

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

(a) DESIGNATION.—Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by adding the following new paragraph at the end: "(62) KINGS, CAUPORNIA.—The Middle Fork of the Kings River from its headwaters at Lake Helen between Muir Pass and Black Giant Mountain to its confluence with the main stem; the South Fork, Kings River from its headwaters at Lake 11599 to its confluence with the main stem; and the main stem of the Kings River from the confluence of the Middle Fork and the South Fork to the point at elevation 1,595 feet above mean sea level. The segments within the Kings Canyon National Park shall be administered by the Secretary of the Interior. The remaining segments shall be administered by the Secretary of Agriculture. After consultation with State and local governments and the interested public and within one year after the enactment of this paragraph, the respective Secretaries shall take such action as is required under subsection (b) of this section. In the case of the segments of the river administered by the Secretary of the Interior, the requirements of subsection (b) shall be fulfilled through appropriate revisions to the general management plan for Kings Canyon National Park, and the boundaries, classification, and development plans for such segments need not be published in the Federal Register. Such revisions to the general management plan for the park shall assure that no development or use of park lands shall be undertaken that is inconsistent with the designation of the river under this paragraph. For the purposes of the segments designated by this paragraph, there are authorized to be appropriated such sums as may be necessary, but not to exceed $250,000, to the Secretary of Agriculture for development and land acquisition.". (b) RENUMBERING.—Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by redesignating the paragraphs relating to the Cache La Poudre River, the Saline Bayou, Black Creek, the Klickitat, and the White Salmon as paragraphs (57) through (61), respectively. SEC. 2. SPECIAL MANAGEMENT AREA.

(a) ESTABLISHMENT.—In order to provide for public outdoor recreation use and enjoyment of certain areas within the Sierra National Forest and the Sequoia National Forest, to protect those areas' natural, archaeological, and scenic resources, and to provide for appropriate fish and wildlife management of those areas, there is hereby established the Kings River Special Management Area

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National parks, monuments, etc.

State and local governments.

Appropriation authorization.

Conservation. 16 USC 539g. National Forest System.

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Page:United States Statutes at Large Volume 101 Part 1.djvu/912

 101 STAT. 882

Public information.

National Forest System.

Forests and forest products.

State and local governments.

PUBLIC LAW 100-150—NOV. 3, 1987

(hereinafter in this Act referred to as the "special management area"). The special management area shall be administered by the Secretary of Agriculture (hereinafter in this Act referred to as "the Secretary") through the Sierra National Forest. (b) AREA INCLUDED.—The special management area shall consist of the lands, waters, and interests therein within the area generally depicted on the map entitled "Boundary Map, Kings River Special Management Area", dated April 1987. The map shall be on file and available for public inspection in the offices of the National Forest Service, Department of Agriculture. The Secretary of Agriculture may from time to time make minor revisions of the boundary of the special management area. (c) ADMINISTRATION.—The Secretary shall administer the special management area in accordance with this Act and with the provisions of law generally applicable to units of the National Forest System. In the case of any conflict between the provisions of such Acts, the provisions of this Act shall govern. In the administration of the special management area the Secretary may utilize such statutory authority as may be available to him for the conservation of wildlife and natural resources as he deems necessary to carry out the purposes of this Act. Nothing in this Act shall be construed to prohibit grazing within the special management area to the same extent, and in accordance with the same rules and regulations as applicable in the absence of this Act. The Secretary may permit the cutting of timber within the special management area only in those cases where in the judgment of the Secretary the cutting of such timber is required in order to control the attacks of fire, insects, or diseases or to otherwise conserve the scenery or the natural or historical objects in the area. (d) MINING AND MINERAL LEASING.—Subject to valid existing rights, lands within the special management area are withdrawn from location, entry, and patent under the mining laws of the United States, from the operation of the mineral lesising laws of the United States and from operation of the Geothermal Steam Act of 1970. (e) HUNTING AND FISHING.—The Secretary shall permit hunting and fishing on lands and waters within the special management area in accordance with applicable Federal and State law. The Secretary may designate zones where, and establish periods when, such activities will not be permitted for reasons of public safety, administration, fish and wildlife management or public use and enjojment. Except in emergencies, regulations issued by the Secretary under this subsection shall be put into effect only after consultation with the appropriate State agencies responsible for hunting and fishing activities. (f) MANAGEMENT PLAN.—After consultation with the State of California, the Secretary shall publish a management plan for the special management area within three years after the enactment of this Act. The plan shall provide for public outdoor recreation use and enjoyment of the special management area, protect the area's natural, archeological, and scenic resources, and provide for appropriate fish and wildlife management within the area. The plan shall contain provisions for management of vegetation within the area designed to enhance the wildlife carrying capacity of the area. The plan shall permit off-road vehicular use of off-road trails to the same extent and in the same locations as was permitted before enactment of this Act. The plan shall provide for the development of hiking

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


text:
Page:United States Statutes at Large Volume 101 Part 1.djvu/913

 PUBLIC LAW 100-150—NOV. 3, 1987

101 STAT. 883

trails in the special management area and shall include a trail from Garlic Creek to Little Tehipite Valley. (g) ACCESS TO PRIVATE LANDS.—If any State or privately owned land or any valid mining claim or other valid occupancy is within the special management area, or if State or private subsurface rights underlie public lands within the special management area, the Secretary shall provide the State or private owner, claimant, or occupier and their successors in interest such rights as may be necessary to assure adequate and feasible access for economic and other purposes to the site concerned. Such rights shall be subject to reasonable regulations issued by the Secretary to protect the natural and other values of the special management area, taking into - account the traditional and customary means of access used prior to the enactment of this Act. (h) SPECIFIC PROTECTIONS.—In recognition of the dispute that Dams, exists over whether a dam project should be constructed in the segment of the Main Stem of the Kings River from the point at elevation 1,595 feet above mean sea level downstream to the point at elevation 990 feet above mean sea level. Congress declares its intention at this time not to designate that segment of the Kings River as a component of the Wild and Scenic Rivers System. Notwithstanding any other provision of law, no Federal lands may be used for the construction of any dam or diversion within the boundaries of the special management area without specific authority of the Congress. In order to protect the natural, cultural, recreational, fishery, and wildlife values of the river segment referred to in this subsection, that segment shall be subject to the provisions of section 7(a) of the Act of October 2, 1968 (82 Stat. 906), in the same manner as if it were designated. Nothing in this Act shall preclude the Kings River Conservation District from conducting studies as it may deem appropriate. Approved November 3, 1987.

LEGISLATIVE HISTORY—H.R. 799: HOUSE REPORTS: No. 100-49 (Comm. on Interior and Insular Affairs). SENATE REPORTS: No. 100-185 (Comm. on Energy and Natural Resources). CONGRESSIONAL RECORD, Vol. 133 (1987): Apr. 21, considered and passed House. Oct. 1, considered and passed Senate, amended. Oct. 13, House concurred in Senate amendments.

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Page:United States Statutes at Large Volume 101 Part 1.djvu/914

 101 STAT. 884

PUBLIC LAW 100-151—NOV. 3, 1987

Public Law 100-151 100th Congress ^^

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An Act Nov. 3, 1987 [H.R. 2893] Fish and fishing. Maritime affairs. 46 USC 12102 note.

To reauthorize the Fishermen's Protective Act.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 7(e) of the Fishermen's Protective Act (22 U.S.C. 1977(e)) is amended by striking "October 1, 1987" and substituting "October 1, 1988". SEC. 2. The Act entitled "An Act to temporarily restrict the ability to document foreign-built fish processing vessels under the laws of the United States", approved August 20, 1987 (Public Law 100-111; 101 Stat. 733), is amended by striking "October" and inserting in lieu thereof "November". SEC. 3. The Act entitled "An Act to set aside certain surplus vessels for use in the provision of health and other humanitarian services to developing countries", approved October 22, 1982 (Public Law 97-360; 96 Stat. 1718), is amended— (1) by striking "to the peoples of developing countries" wherever it is found; and (2) in section 7, by striking "five calendar years after the date of enactment." and inserting in lieu thereof the following: "on October 22, 1989.". Approved November 3, 1987.

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LEGISLATIVE HISTORY—H.R. 2893: HOUSE REPORTS: No. 100-299 (Comm. on Merchant Marine and Fisheries). CONGRESSIONAL RECORD, Vol. 133 (1987): Sept. 29, considered and passed House. Oct. 14, considered and passed Senate, amended. •. Oct. 20, House concurred in Senate amendments. j:• J

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Page:United States Statutes at Large Volume 101 Part 1.djvu/915

 PUBLIC LAW 100-152—NOV. 3, 1987 Public Law 100-152 100th Congress

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101 STAT. 885 ''

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An Act To designate the segment of Corridor V in the State of Alabama as the Robert E. (Bob) Jones, Jr. Highway.

Nov. 3, 1987 [H.R. 3325]

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

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The segment of the highway on the Appalachian development highway system known as "Corridor V" which is within the boundaries of the State of Alabama shall hereafter be known and designated as the "Robert E. (Bob) Jones, Jr. Highway". SEC. 2. REFERENCE.

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Any reference in a law, map, regulation, document, or other paper of the United States to the highway referred to in section 1 shall be deemed to be a reference to the "Robert E. (Bob) Jones, Jr. Highway". Approved November 3, 1987.
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LEGISLATIVE HISTORY—H.R. 3325: HOUSE REPORTS: No. 100-317 (Comm. on Public Works and Transportation). CONGRESSIONAL RECORD, Vol. 133 (1987): Sept. 29, considered and passed House. Oct. 20, considered and passed Senate.

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Page:The Yellow Book - 06.djvu/114

 how strange! What a coincidence that he, just he and not the man in the next bed, should be one of those rare, legendary good-for-nothings who go recklessly to ruin. And yet, he was sure that he was not such a bad fellow after all. Only somehow he had been careless. Yes, careless, that was the word. . . . nothing worse. . . . . As to death, he was indifferent. Remembering his father's death, he reflected that it was probably less disturbing to die oneself than to watch another pass.

He smelt the acetic acid once more, and his thoughts reverted to his mother. Poor mother! No, great mother! The grandeur of her life's struggle filled him with a sense of awe. Strange that until that moment he had never seen the heroic side of her humdrum, commonplace existence! He must write to her, now, at once, before it was too late. His letter would trouble her, add another wrinkle to her face, but he must write; she must know that he had been thinking of her.

"Nurse," he cried out, in a thin, weak voice.

"Ssh!" She was by his side directly, but not before he had lost consciousness again.

The following morning he managed with infinite labour to scrawl a few lines:

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"You will be surprised but not glad to get this letter. I'm done for, and you will never see me again. I'm sorry for what I've done, and how I've treated you, but it's no use saying anything now. If Pater had only lived he might have kept me in order. But you were too kind, you know. You ve had a hard struggle these last six years, and I hope Arthur and Dick

title: Page:The Yellow Book - 06.djvu/114


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Page:United States Statutes at Large Volume 101 Part 1.djvu/916

 101 STAT. 886

PUBLIC LAW 100-153—NOV. 5, 1987

Public Law 100-153 100th Congress

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An Act Nov. 5, 1987 [H.R. 2937] Indian Law Technical Amendments of 1987. 25 USC 331 note. 25 USC 373.

25 USC 1401.

Indian Tribal Judgment Funds Use or Distribution Act. 25 USC 2301. Federal Register, publication.

To make miscellaneous technical and minor amendments to laws relating to Indians, 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. This Act may be cited as the "Indian Law Technical Amendments of 1987". SEC. 2. Section 2 of the Act of June 25, 1910 (36 Stat. 856), as amended, is further amended by deleting the phrase "the age of twenty-one years, or over" and inserting, in lieu thereof, the phrase "the age of eighteen years or older". SEC. 3. (a) The Act of September 14, 1961 (75 Stat. 500) is amended by(1) deleting the phrase "Section 5, lots 7 and 8;" in section 1, and (2) inserting the phrase "Section 5, lots 7 and 8;" after the phrase "Township 15 north, range 3 east:" in section 2. (b) Subsection (e) of section 2 of the Act of October 28, 1986 (100 Stat. 3243) is hereby repealed. SEC. 4. Section 1 of the Act of October 19, 1973 (87 Stat. 466) is amended by— (1) inserting "(a)" before the word "That"; (2) deleting the phrase "any interest earned thereon" and inserting, in lieu thereof, the phrase "any investment income earned thereon"; and (3) adding the following new subsections— "(b) Except as provided in the Act of September 22, 1961 (75 Stat. 584), amounts which the Secretary of the Interior has remaining after execution of either a plan under this Act, or another Act enacted heretofore or hereafter providing for the use or distribution of amounts awarded in satisfaction of a judgment in favor of an Indian tribe or tribes, together with any investment income earned thereon and after payment of attorney fees and litigation expenses, shall be held in trust by the Secretary for the tribe or tribes involved if the plan or Act does not otherwise provide for the use of such amounts. "(c) This Act may be cited as the 'Indian Tribal Judgment Funds Use or Distribution Act'.". SEC. 5. Paragraph (2) of section 2 of the Old Age Assistance Claims Settlement Act (98 Stat. 2317) is amended by inserting a colon after the phrase "trust property" and the following proviso— "Provided, That, except for purposes of section 4, the term also includes the reimbursements for welfare payments identified in either the list published on April 17, 1985, at page 15290 of volume 50 of the Federal Register, as modified or amended on November 13, 1985, at page 46835 of volume 50 of the Federal Register, or the list published on March 31, 1983, at page 13698 of volume 48 of the Federal Register, as modified or amended on

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text:
Page:United States Statutes at Large Volume 101 Part 1.djvu/917

 PUBLIC LAW 100-153—NOV. 5, 1987

101 STAT. 887

November 7, 1983, at page 51204 of volume 48 of the Federal Register". SEC. 6. (a) Paragraph (1) of section 3 of the White Earth Reserva- Minnesota, tion Land Settlement Act of 1985 (100 Stat. 61, 62) is amended to 25 USC 331 note. read as follows— "(1) 'Heir' means a person who received or was entitled to receive an allotment or interest as a result of testate or intestate succession under applicable Federal or Minnesota law, or one who is determined under section 9, by the application of the inheritance laws of Minnesota in effect on March 26, 1986, to be entitled to receive compensation payable under section 8.". (b) Subsection (b) of section 5 of the White Earth Reservation Land Settlement Act is amended to read as follows— 25 USC 331 note. "Qo) The 'proper county recording officer', as that term is used in subsection (a) of this section, shall be a county recorder, registrar of titles, or probate court in Becker, Clearwater, or Mahnomen Counties, Minnesota.". (c) Notwithstanding any other provision of law, the Secretary of Appropriation the Treasury is authorized and directed to transfer to the White authorization. Earth Economic Development and Tribal Government Fund, out of funds in the Treasury of the United States not otherwise appropriated, an amount equal to the sum of— (1) $55,917 for the interest that would have accrued on the settlement funds appropriated pursuant to section 15 of the White Earth Reservation Land Settlement Act of 1985 if such funds had been properly invested during the period beginning on November 17, 1986, and ending on January 12, 1987, plus (2) an amount equal to the interest that would have accrued '* on $55,917 during the period beginning on January 12, 1987, and ending on the date the transfer required under this subsection is made by the Secretary of the Treasury if $55,917 had been invested as part of the White Earth Economic Development and Tribal Government Fund on January 12, 1987. Amounts transferred to the White Earth Economic Development and Tribal Government Fund under this subsection shall be treated as interest accrued on such Fund. SEC. 7. The Secretary of the Interior shall calculate and certify to Alaska, the Secretary of the Treasury for payment out of funds in the judgments, awards, and compromise settlements account of the United States Treasury to Cook Inlet Region, Inc., pursuant to section 2(a) and (e) of Public Law 94-204 (89 Stat. 1146), as amended by section 1411 of Public Law 96-487 (94 Stat. 2497) and section 22 of Public Law 99-396 (100 Stat. 846), a final determination of interest on funds withheld from revenues owed to Cook Inlet Region, Inc. under section 14(g) of the Alaska Native Claims Settlement Act, 43 U.S.C. 1613(g), and paid to the Treasury as windfall profits taxes on oil production from the Swanson River and Beaver Creek units in Alaska of which Cook Inlet Region, Inc. may be regarded as a producer under 26 U.S.C. 4996(a)(1), as though such funds had been withheld before conveyance to Cook Inlet Region, Inc. of interests in leases within those units. Such interest shall be calculated and paid for the period from the dates on which such funds otherwise would have been paid to Cook Inlet Region, Inc. to the date of refund of the principal amounts withheld. SEC. 8. Section 1514 of the Higher Education Amendments of 1986 (20 U.S.C. 4421) is amended—

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text:
Page:United States Statutes at Large Volume 101 Part 1.djvu/918

 101 STAT. 888

PUBLIC LAW 100-153—NOV. 5, 1987 (1) by striking out "During the 2-year period beginning on the date referred to in subsection (f) of this section" in subsection (d) and inserting in lieu thereof "Unless the Board provides

New Mexico. Contracts. Schools and colleges.

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(2) by inserting ", until October 1, 1989," after "Secretary of ^" the Interior shall" in subsection (d), and '"* (3) by striking out subsections (e) and (f) and inserting in lieu thereof the following: "(e)(1) The transfers required under subsection (b) shall be completed by no later than June 1, 1988. "(2) The Institute shall be under the direction and control of the Secretary of the Interior until the earlier of— "(A) June 1, 1988, or ' ' ' ' " -'"" "(B) a date agreed to by the Board and the Secretary of the Interior. "(f)(1) Before the later of October 15, 1987, or the date that is 10 days after the date of enactment of the Indian Law Technical Amendments of 1987, the Secretary of the Interior shall enter into a contract with the University of New Mexico, the terms of which shall— "(A) include all administrative systems which are customary ^ to the operation of a national art institute, !:, "(B) require the provision by the University of New Mexico of technical assistance to the Institute, including the monitoring of . the transfers that are required to be made under subsection (b), ^; "(C) provide for the establishment by the University of New ^ Mexico of an advisory council that makes recommendations to Ij, the University of New Mexico with respect to the operation of .., the contract, "(D) allow the University of New Mexico to fulfill its obligations under the contract through subcontracts that are entered into in accordance with section 7 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450e), [ "(E) provide for the expiration of the contract on the date that is 6 months after the date the contract is entered into, but the Board and the University of New Mexico may mutually agree to extend the contract for an additional 2-month period, Bi "(F) provide that any materials furnished to the Secretary of o the Interior by the University of New Mexico, or any subb; contractor of the University of New Mexico, under the contract shall become the property of the Institute, and "(G) include such other terms as the Secretary of the Interior determines to be necessary. "(2) The advisory council that is required to be established under the contract entered into under paragraph (1) shall be composed of— "(A) a delegate of the executive director of the National Congress of American Indians, "(B) a delegate of the president of the American Indian
 * , Higher Education Consortium, and

"(C) at least 5 individuals possessing knowledge and experiij ence in Indian arts and culture and in postsecondary education, a majority of whom shall be Indians.". SEC. 9. Subsection (e) of section 3 of the Saginaw Chippewa Indian Tribe of Michigan Distribution of Judgment Funds Act (100 Stat. 675) is amended—

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Page:United States Statutes at Large Volume 101 Part 1.djvu/919

 PUBLIC LAW 100-153—NOV. 5, 1987

101 STAT. 889

(1) by striking "Payments" in paragraph (4)(B) and inserting in lieu thereof "Except as otherwise provided in paragraph (5), payments", (2) by redesignating paragraphs (5) and (6) as paragraphs (6) and (7), respectively, and (3) by inserting after paragraph (4) the following new paragraph: "(5)(A) The Tribal Council may accelerate the payment of the aggregate sum of $3,000 to those members of the tribe certified under paragraph (3) who— "(i) are certified by a physician to be— »c ^ t.''(I) terminally ill, or "(II) at least 50 percent permanently disabled, or "(ii) are at least 60 years of age. "(B) Notwithstanding any other provision of this Act, the Tribal Council may use interest accrued on the Investment Fund for the purpose of making accelerated payments under subparagraph (A).". SEC. 10. The Frank's Landing Indian Community in the State of Washington is hereby recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians and is recognized as eligible to contract, and to receive grants, under the Indian Self-Determination and Education Assistance Act for such services, but the proviso in section 4(c) of such Act (25 U.S.C. 450b(c)) shall not apply with respect to grants awarded to, and contracts entered into with, such Community. Approved November 5, 1987.

LEGISLATIVE HISTORY—H.R. 2937: HOUSE REPORTS: No. 100-250 (Comm. on Interior and Insular Affairs). SENATE REPORTS: No. 100-186 (Select Comm. on Indian Affairs). CONGRESSIONAL RECORD, Vol. 138 (1987): Aug. 3, considered and passed House. Oct. 1, considered and passed Senate, amended. Oct. 22, House concurred in Senate amendments.

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Washington. Contracts. ^^^"t^.

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Page:United States Statutes at Large Volume 101 Part 1.djvu/920

 101 STAT. 890

PUBLIC LAW 100-154—NOV. 5, 1987

Public Law 100-154 100th Congress Joint Resolution Nov. 5, 1987 [S.J. Res. 209]

Ante, p. 793.

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 100-122, including those provisions amended by section 2 of such Public Law, is amended by striking out "October 31, 1987" wherever it appears and inserting in lieu thereof "November 15, 1987". Approved November 5, 1987.

LEGISLATIVE HISTORY—S.J. Res. 209: CONGRESSIONAL RECORD, Vol. 133 (1987): Oct. 30, considered and passed Senate. Nov. 3, considered and passed House.

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Page:United States Statutes at Large Volume 101 Part 1.djvu/921

 PUBLIC LAW 100-155—NOV. 6, 1987 Public Law 100-155 100th Congress

-

101 STAT. 891 ..

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Joint Resolution Designating the week beginning November 8, 1987, as "National Women Veterans Recognition Week".

Whereas there are about one milHon two hundred thousand women veterans in this country, representing 4.2 per centum of the total veteran population; Whereas the number and proportion of women veterans will continue to grow as the number and proportion of women serving in the Armed Forces continue to increase; Whereas women veterans through honorable military service often involving hardship and danger have contributed greatly to our national security; Whereas women veterans continue to contribute greatly to our society in civilian life, bringing with them their valuable military service experience and expertise; Whereas the contributions and sacrifices of women veterans on behalf of this Nation deserve greater public recognition and appreciation; Whereas the special needs of women veterans, especially in the area of health care, have in the past been overlooked or inadequately addressed by the Federal Government; Whereas this lack of attention to the special needs of women veterans was among the factors that tended to discourage or prevent women veterans from taking full advantage of the benefits and services to which they are entitled as veterans of the United States Armed Forces; Whereas important steps have been taken to improve the accessibility and quality of health care for women veterans, yet women veterans are still far less likely than male veterans to utilize their Veterans' Administration benefits; and Whereas recognition of women veterans by the Congress and the President through enactment of legislation declaring the week beginning on November 8, 1987, as "National Women Veterans Recognition Week" would serve to create greater public awareness and recognition of the contribution of women veterans, to express the Nation's appreciation for their service, to inspire more responsive care and services for women veterans, and to continue and reinforce important gains made in this regard in the last three years as a result of the designation of the first, second, and third National Women Veterans Recognition Weeks in November of 1984, 1985, and 1986: Now, therefore, be it

Nov. 6, 1987 [S.J. Res. 171]

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text:
Page:United States Statutes at Large Volume 101 Part 1.djvu/922

 101 STAT. 892

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PUBLIC LAW 100-155—NOV. 6, 1987

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled. That the week beginning on November 8, 1987, is designated "National Women Veterans Recognition Week". The President is requested to issue a proclamation calling upon all citizens, community leaders, interested organizations, and Government officials to observe that week with appropriate programs, ceremonies, and activities. Approved November 6, 1987. •, ^U

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LEGISLATIVE HISTORY—S.J. Res. 171: CONGRESSIONAL RECORD, Vol. 133 (1987): Oct. 15, considered and passed Senate. Oct. 27, considered and passed House.

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Page:United States Statutes at Large Volume 101 Part 1.djvu/923

 PUBLIC LAW 100-156—NOV. 9, 1987 Public Law 100-156 100th Congress

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101 STAT. 893 -

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An Act To designate the Federal Building and United States Post Office located at 315 West Allegan Street in Lansing, Michigan, as the "Charles E. Chamberlain Federal Building and United States Post Office".

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

The Federal Building and United States Post Office located at 315 West Allegan Street in Lansing, Michigan, shall hereafter be known and designated as the "Charles E. Chamberlain Federal Building and United States Post Office". SEC. 2. LEGAL REFERENCES TO BUILDING.

Any reference in any law, regulation, document, record, map, or other paper of the United States to the building referred to in section 1 is deemed to be a reference to the "Charles E. Chamberlain Federal Building and United States Post Office". Approved November 9, 1987.

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LEGISLATIVE HISTORY—H.R. 307: HOUSE REPORTS: No. 100-128 (Comm. on Public Works and Transportation). CONGRESSIONAL RECORD, Vol. 133 (1987): June 15, considered and passed House. Oct. 27, considered and passed Senate.

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Page:United States Statutes at Large Volume 101 Part 1.djvu/924

 101 STAT. 894

PUBLIC LAW 100-157—NOV. 9, 1987

Public Law 100-157 100th Congress An Act Nov. 9, 1987 [H.R. 1366]

Real property. ^^n^^it^"^^ colleges.

To provide for the transfer of certain lands in the State of Arizona, 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. Notwithstanding any other provision of law, the Secretary of Agriculture is authorized and directed to convey the property described in section 2 of this Act to the Payson Unified School District No. 10, Arizona (hereafter, the "school district"), in accordance with this Act. SEC. 2. The property referred to in section 1 is that parcel of land comprising approximately sixty acres, known as the Payson School Site, in the town of Payson, county of Gila, Arizona. SEC. 3. (a) Conveyance of the property described in section 2 shall be made upon a request of the governing body of the school district submitted to the Secretary of Agriculture no later than thirty years after the date of enactment of this Act. (b) Conveyance of title to the property described in section 2, upon a timely request by the school district shall be in consideration for payment to the United States of an amount equal to— (1) administrative costs associated with the preparation of title and legal description of such property, and the fair market value of such property (as determined by the Secretary of Agriculture on the basis of continued use of the property for school purposes) as of December 1, 1986, (2) reduced by an amount equal to the total amounts paid to the United States by the school district for use of such property (pursuant to agreements between the school district and the Secretary of Agriculture) subsequent to January 1, 1961 and prior to the date of the request by the school district for conveyance of such property pursuant to this Act (but such reduction shall not be greater than the total amount described in paragraph 1). SEC. 4. Any conveyance made pursuant to this Act shall be subject to such terms and conditions, consistent with this Act, as the Secretary of Agriculture determines necessary or desirable in the public interest, including but not limited to the treatment of existing easements or rights-of-way for roads and other purposes. SEC. 5. During the period specified in section 3(a), the Secretary of Agriculture shall permit the school district to continue to occupy and use the property described in section 2 for school purposes upon condition that the school district make annual payments to the United States for such use of the property, but such payments shall not exceed $12,500 in any one year. SEC. 6. Payments pursuant to section 3 and section 5 shall be considered to have been deposited with the Secretary of Agriculture pursuant to the Act of December 4, 1967, as amended (16 U.S.C.

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Page:United States Statutes at Large Volume 101 Part 1.djvu/925

 PUBLIC LAW 100-157—NOV. 9, 1987

101 STAT. 895

484a), and shall be handled in the same manner as amounts so deposited pursuant to such Act. SEC. 7. (a) Title to any real property conveyed pursuant to this Act shall revert to the United States if the school district attempts to convey or otherwise transfer ownership of any portion of such property to any other party or attempts to encumber such title, or permits the use of any portion of such property for any purpose incompatible with the purposes specified in subsection (b) of this section. (b) Real property conveyed pursuant to this Act shall be used for a public school. Approved November 9, 1987,

LEGISLATIVE HISTORY—H.R. 1366: HOUSE REPORTS: No. 100-188 (Comm. on Interior and Insular Affairs). SENATE REPORTS: No. 100-196 (Comm. on Energy and Natural Resources). CONGRESSIONAL RECORD, Vol. 133 (1987): June 29, considered and passed House. Oct. 22, considered and passed Senate. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 23 (1987): Nov. 9, Presidential statement.

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Page:United States Statutes at Large Volume 101 Part 1.djvu/926

 101 STAT. 896

PUBLIC LAW 100-158—NOV. 9, 1987

Public Law 100-158 100th Congress

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Joint Resolution Nov. 9, 1987 [H.J. Res. 309]

Providing support for the eivic Achievement Award Program in Honor of the Office of Speaker of the House of Representatives.

Education. Close Up Foundation. 2 USC 1001 note.

Whereas the continuing strength and vitality of American democratic traditions depend on the civic awareness of future generations; Whereas there is a need to improve the level of civic literacy of American elementary school students and to better their understanding of American history, government, geography, economics, and current events; Whereas students in the fifth grade through the eighth grade are at a critical stage for development of values, character, and attitudes; Whereas school libraries and local libraries, as repositories of the record of American history and democratic traditions, are appropriate focal points for civic literacy education; Whereas in view of the central role of the House of Representatives in our system of government, it is appropriate, in conjunction with the Bicentennial of the House of Representatives and in honor of the office of Speaker of the House of Representatives, to suppport a national civic achievement award program for students, classes, and schools; Whereas the Library of Congress, as a national symbol of learning, literacy, and culture, is an appropriate institution to assist in this endeavor; and Whereas the Close Up Foundation, a nonpartisan, nonprofit, educational organization for citizen involvement in government, is an appropriate organization to conduct such a program: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,

2 USC 1001.

SECTION 1. SUPPORT FOR THE CIVIC ACHIEVEMENT AWARD PROGRAM IN HONOR OF THE OFFICE OF SPEAKER OF THE HOUSE OF REPRESENTATIVES.

Regulations.

The Librarian of Congress is authorized to make disbursements to the Close Up Foundation, a nonpartisan, nonprofit organization incorporated under the laws of the District of Columbia. Such disbursements— (1) shall be made upon application by the Foundation and in such form and manner as the Librarian may prescribe by regulation; and (2) shall be solely for the purpose of assisting the Foundation in conducting the Civic Achievement Award Program in Honor of the Office of Speaker of the House of Representatives described in section 2. •> .?S'-!i

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Page:United States Statutes at Large Volume 101 Part 1.djvu/927

 PUBLIC LAW 100-158—NOV. 9, 1987

101 STAT. 897

SEC. 2. DESCRIPTION OF THE PROGRAM.

2 USC 1002.

(a) IN GENERAL.—The Civic Achievement Award Program in Honor of the Office of Speaker of the House of Representatives shall be conducted by the Close Up Foundation, in cooperation with the National Association of Elementary School Principals. The program— (1) shall be designed to inspire learning of American history, '^'- -^^'^ I* government, geography, economics and current events in the fifth, sixth, seventh, and eighth grades; (2) shall recognize achievement in civic literacy by students, classes, and schools throughout the Nation; (3) shall be based upon a specially designed set of learning materials and activities that will allow students to develop and demonstrate civic knowledge and skills; and (4) may include such program elements as individual and group projects, mastery of academic materials, development of library skills, and community service. (b) AWARDS.—The Close Up Foundation shall provide annual awards for the program. The awards, in the form of certificates signed by the Speaker of the House of Representatives and other persons designated by the Speaker, shall be presented in the following categories: (1) Individual students who satisfy award standards. (2) Classes with a specified percentage of students who satisfy award standards. (3) Schools with a specified percentage of students who satisfy award standards. (c) NATIONAL ADVISORY COMMITTEE.— Establishment. (1) IN GENERAL.—The Speaker of the House of Representatives (in consultation with the minority leader of the House of Representatives) shall appoint 11 persons who, together with the Librarian of Congress, one representative of the Close Up Foundation, and one representative of the National Association of Elementary School Principals, shall constitute a national committee to advise the Close Up Foundation on the structure and administration of the program. The 11 persons appointed under the preceding sentence shall serve at the pleasure of the Speaker. (2) EXPENSES.—Members of the committee shall serve without compensation, except that, while away from their homes or regular places of business in the performance of services for the committee, members shall be allowed expenses in the same manner as persons employed intermittently in the Government service are allowed expenses under section 5703 of title 5, United States Code. (d) PARTICIPATION BY LIBRARIES.—School libraries and local libraries shall, to the extent practicable, serve as the primary centers for the distribution of materials and the coordination of testing and evaluation for the program. SEC. 3. AUDITS AND REPORTS.

(a) AUDITS.—The Comptroller General shall conduct annual and other necessary audits of the program and shall submit reports of such audits to the House of Representatives and to the Librarian of Congress. 03) REPORTS.—The Close Up Foundation shall submit to the House of Representatives and to the Librarian of Congress semiannual

2 USC 1003.

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Page:United States Statutes at Large Volume 101 Part 1.djvu/928

 101 STAT. 898 ' '*

2 USC 1004.

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PUBLIC LAW 100-158—NOV. 9, 1987

reports of the activities of the program as follows: (1) not later than July 31 of each year, a report relating to the 6-month period ending on the preceding June 30; and (2) not later than January 31 of each year, a report relating to the 6-month period ending on the preceding December 31. SEC. 4. AUTHORIZATION OF APPROPRIATIONS.

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There are authorized to be appropriated to carry out this joint resolution not more than $680,000 for the fiscal year ending September 30, 1988 (of which not more than $100,000 shall be available for reimbursement of expenses of the program incurred during the period beginning on July 1, 1987, and ending on September 30, 1987), and $680,000 for the fiscal year ending September 30, 1989. Approved November 9, 1987.

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LEGISLATIVE HISTORY—H.J. Res. 309: HOUSE REPORTS: No. 100-221 (Comm. on House Administration). SENATE REPORTS: No. 100-172 (Comm. on Rules and Administration). CONGRESSIONAL RECORD, Vol. 133 (1987): July 21, considered and passed House. Oct. 1, considered and passed Senate, amended. Oct. 27, House concurred in Senate amendment.

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Page:United States Statutes at Large Volume 101 Part 1.djvu/929

 PUBLIC LAW 100-159—NOV. 9, 1987 Public Law 100-159 100th Congress

101 STAT. 899

• ' An Act

To amend chapter 9 of title 17, United States Code, regarding protection extended to semiconductor chip products of foreign entities.

Nov. 9, 1987 [S. 442]

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

17 USC 914 note.

(a) FINDINGS.—The Congress finds that— (1) section 914 of title 17, United States Code, which authorizes the Secretary of Commerce to issue orders extending interim protection under chapter 9 of title 17, United States Code, to mask works fixed in semiconductor chip products and orginating in foreign countries that are making good faith efforts and reasonable progress toward providing protection, by treaty or legislation, to mask works of United States nationals, has resulted in substantial and positive legislative developments in foreign countries regarding protection of mask works; (2) the Secretary of Commerce has determined that most of the industrialized countries of the world are eligible for orders affording interim protection under section 914 of title 17, United States Code; (3) the World Intellectual Property Organization has com- international menced meetings to draft an international convention regard- agreements. ing the protection of integrated electronic circuits; (4) these bilateral and multilateral developments are encouraging steps toward improving international protection of mask works in a consistent and harmonious manner; and (5) it is inherent in section 902 of title 17, United States Code, that the President has the authority to revise, suspend, or revoke, as well as issue, proclamations extending mask work protection to nationals, domiciliaries, and sovereign authorities of other countries, if conditions warrant. (b) PURPOSES.—The purposes of this Act are— (1) to extend the period within which the Secretary of Commerce may grant interim protective orders under section 914 of title 17, United States Code, to continue this incentive for the bilateral and multilateral protection of mask works; and (2) to codify the President's existing authority to revoke, suspend, or limit the protection extended to mask works of foreign entities in nations that extend mask work protection to United States nationals. SEC. 2. AUTHORITY TO ISSUE PROTECTIVE ORDERS.

Section 914(e) of title 17, United States Code, is amended by striking out "three years after such date of enactment" and inserting in lieu thereof "on July 1, 1991".

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Page:United States Statutes at Large Volume 101 Part 1.djvu/930

 101 STAT. 900

PUBLIC LAW 100-159—NOV. 9, 1987

SEC. 3. AUTHORITY TO ISSUE PROCLAMATIONS.

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Section 902(a)(2) of title 17, United States Code, is amended by adding at the end thereof the following: "The President may revise, suspend, or revoke any such proclamation or impose any conditions or limitations on protection extended under any such proclamation.". SEC. 4. REPORT TO CONGRESS.

Section 914(f) of title 17, United States Code, is amended by adding at the end the following: "Not later than July 1, 1990, the Secretary rfmitr«">cU Vi of Commerce, in consultation with the Register of (Copyrights, shall transmit to the Committees on the Judiciary of the Senate and the House of Representatives a report updating the matters contained in the report transmitted under the preceding sentence.", i< .;. Approved November 9, 1987.

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Page:United States Statutes at Large Volume 101 Part 1.djvu/931

 PUBLIC LAW 100-160—NOV. 10, 1987

101 STAT. 901

Public Law 100-160 100th Congress An Act To designate the new United States courthouse in Birmingham, Alabama, as the "Hugo L. Black United States Courthouse".

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the United States courthouse located at 5th Avenue and 17th Street North in Birmingham, Alabama, shall be known and designated as the "Hugo L. Black United States Courthouse". Each reference to such courthouse in a law, map, regulation, document, record, or other paper of the United States shall be deemed to be a reference to the "Hugo L. Black United States Courthouse". Approved November 10, 1987.

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LEGISLATIVE HISTORY—H.R. 614: HOUSE REPORTS: No. 100-131 (Comm. on Public Works and Transportation). SENATE REPORTS: No. 100-207 (Comm. on Environment and Public Works). CONGRESSIONAL RECORD, Vol. 133 (1987): June 15, considered and passed House. Oct. 28, considered and passed Senate.

Nov. 10, 1987 [H.R. 614]

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Page:United States Statutes at Large Volume 101 Part 1.djvu/932

 101 STAT. 902

PUBLIC LAW 100-161—NOV. 10, 1987

Public Law 100-161 100th Congress

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Joint Resolution Nov. 10, 1987 [H.J. Res. 368]

Designating the week of November 8 through November 14, 1987, as "National Food Bank Week".

Whereas although the United States is a nation of abundance, it has been reported that at least 20,000,000 Americans go hungry at some time during every month; Whereas the assistance of the private sector is needed to meet the increasing demand for food from families, children, the elderly, unemployed workers, and the homeless; Whereas an extraordinary yearlong effort to feed the hungry is being coordinated by Second Harvest, America's Food Bank Network; Whereas the 200 local food banks of the non-profit Second Harvest network are committed to channeling the surplus products of food manufacturers and retailers to the needy; Whereas Second Harvest food banks rely upon the generous donations of hundreds of national food corporations, thousands of local food companies, and millions of concerned individuals; Whereas in 1986 Second Harvest was able to distribute 352,000,000 pounds of wholesome, nutritious food valued at $500,000,000 to 38,000 charitable feeding programs nationwide; and Whereas the upcoming Thanksgiving season is a time not only to count one's own blessings but to support those who are extending a helping hand to our fellow Americans in need: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the week of November 8 through November 14, 1987, is designated as "National Food Bank Week", and the President is authorized and requested to issue a proclamation calling upon the people of the United States to observe such week with appropriate ceremonies and activities. Approved November 10, 1987.

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LEGISLATIVE HISTORY—H.J. Res. 368 (S.J. Res. 200): CONGRESSIONAL RECORD, Vol. 133 (1987): Nov. 3, considered and passed House. Nov. 4, S.J. Res. 200 and H.J. Res. 368 considered and passed Senate.

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Page:United States Statutes at Large Volume 101 Part 1.djvu/933

 PUBLIC LAW 100-162—NOV. 10, 1987

101 STAT. 903

Public Law 100-162 100th Congress Joint Resolution Making further continuing appropriations for the fiscal year 1988, and for other purposes.

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That section 102(c) of the joint resolution of September 30, 1987 (Public Law 100-120), is hereby amended by striking out "November 10, 1987" and inserting in lieu thereof "December 16, 1987". Approved November 10, 1987.

LEGISLATIVE HISTORY—H.J. Res. 394: HOUSE REPORTS: No. 100-414 (Comm. on Appropriations). CONGRESSIONAL RECORD, Vol. 133 (1987): Nov. 5, considered and passed House. Nov. 6, considered and passed Senate.

Nov. 10, 1987 [H.J. Res. 394]

Ante, p. 790.

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Page:United States Statutes at Large Volume 101 Part 1.djvu/934

 101 STAT. 904

PUBLIC LAW 100-163—NOV. 12, 1987

Public Law 100-163 100th Congress

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Joint Resolution Nov. 12, 1987 [S.J. Res. 154]

To designate the period commencing on November 15, 1987, and ending on November 22, 1987, as "National Arts Week".

Whereas the performing arts, the visual arts, and literature are central to human expression; M?.«; fi%^ Whereas our identity as a people and as a Nation is expressed through the arts; Whereas support of the arts has been a partnership of Federal, State, and local government entities, businesses, and individuals; Whereas designating a National Arts Week provides a focal point to celebrate the diverse cultural heritage of the United States and the vitality of contemporary writers, artists, and performers; and Whereas designating a National Arts Week brings together the public and private sectors to restate support of the arts: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the period commencing on November 15, 1987, and ending on November 22, 1987, is designated as "National Arts Week", and the President is authorized and requested to issue a proclamation calling upon the citizens of the United States to observe such period with appropriate programs and activities. Approved November 12, 1987.

LEGISLATIVE HISTORY—S.J. Res. 154: CONGRESSIONAL RECORD, Vol. 133 (1987): June 25, considered and passed Senate. Nov. 3, considered and passed House.

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Page:United States Statutes at Large Volume 101 Part 1.djvu/935

 PUBLIC LAW 100-164—NOV. 13, 1987

101 STAT. 905

Public Law 100-164 100th Congress

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Joint Resolution To recognize the Disabled American Veterans Vietnam Veterans National Memorial as a memorial of national significance.

Nov. 13, 1987 [H.J. Res. 97]

Whereas in August, 1968, following the tragic death of their eldest New Mexico. son and brother, First Lieutenant Victor Davis Westphall, III, in the southeast Asian conflict, Dr. and Mrs. Victor Westphall and their younger son, Douglas, began construction of a memorial chapel at Angel Fire Recreation Area, near Eagle Nest, New Mexico, to honor Vietnam veterans; Whereas the chapel was opened in 1971 as a memorial to all Vietnam veterans: the living, the dead, and the maimed in body and spirit; Whereas the Disabled American Veterans and other interested persons have contributed much financial assistance toward the chapel; Whereas in September, 1982, the Disabled American Veterans established a non-profit corporation to improve and perpetuate the chapel; Whereas the chapel was rededicated and named the Disabled American Veterans Vietnam Veterans National Memorial in May, 1983; Whereas the chapel has become known to millions of people in this Nation and abroad through extensive publicity in the national and international news media; Whereas the chapel has inspired the construction of other memorials to Vietnam veterans throughout the United States, including the Vietnam Veterans Memorial in Washington, D.C.; Whereas the chapel has received an award for architectural excellence from the New Mexico Society of Architects; Whereas Dr. Westphall has received the New Mexico Medal of Merit in recognition of his services in connection with the chapel and its programs over the years; Whereas to many persons, especially Vietnam veterans, the chapel is literally sacred; and Whereas the chapel has served for more than 15 years as a national shrine without benefit of an official national designation: Now, therefore, be it

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Page:United States Statutes at Large Volume 101 Part 1.djvu/936

 101 STAT. 906

PUBLIC LAW 100-164—NOV. 13, 1987

Resolved by the Senate and House of Representatives of the 16 USC 431 note. United States of America in Congress assembled, That the Disabled American Veterans Vietnam Veterans National Memorial near Eagle Nest, New Mexico, is hereby recognized as a memorial of ., national significance, and the President is requested to issue a proclamation commemorating the occasion of this recognition and ' '' saluting the efforts of those individuals who have made the creation ,./„:' V »f and continued existence of the Memorial possible. Approved November 13, 1987.

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LEGISLATIVE HISTORY—H.J. Res. 97: CONGRESSIONAL RECORD, Vol. 133 (1987): May 4, considered and passed House. Oct. 30, considered and passed Senate.

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Page:United States Statutes at Large Volume 101 Part 1.djvu/937

 PUBLIC LAW 100-165—NOV. 13, 1987

101 STAT. 907

Public Law 100-165 100th Congress Joint Resolution To designate the week beginning November 22, 1987, as "National Family Caregivers Week".

Whereas the number of Americans who are sixty-five or older is growing, with an unprecedented increase in the number of persons eighty-five or older; Whereas the incidences of frailty and disability increase among persons of advanced age; Whereas approximately 5.2 million older persons who reside in the community have disabilities that leave them in need of help with such daily tasks as food preparation, dressing, and bathing; Whereas families provide older persons help with such tasks, in addition to between 80 and 90 percent of the medical care, household maintenance, transportation, and shopping needed by older persons; Whereas families who give care to older persons face many additional expenses due to home modifications, equipment rental, and higher heating bills; Whereas 80 percent of the disabled elderly receive care from family members, most of whom are wives, daughters, and daughters-inlaw, who often must sacrifice employment opportunities to provide such care; Whereas the role of the aged spouse as a principal caregiver has generally been understated; Whereas family caregivers are often physically and emotionally exhausted from the time and stress involved in caregiving activities; Whereas family caregivers need information about available community resources; Whereas family caregivers need respite from the strains of their caregiving roles; Whereas the contribution of family caregivers helps maintain strong family ties and assures support among generations; and Whereas there is a need for greater public awareness of and support for the care that family caregivers are providing: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the week beginning

Nov. 13, 1987 [H.J. Res. 130]

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Page:United States Statutes at Large Volume 101 Part 1.djvu/938

 101 STAT. 908

PUBLIC LAW 100-165—NOV. 13, 1987

November 22, 1987, is designated "National Family Caregivers Week". The President is authorized and requested to issue a proclamation calling upon the people of the United States to observe such week with appropriate ceremonies and activities. l.H!

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Page:United States Statutes at Large Volume 101 Part 1.djvu/939

 PUBLIC LAW 100-166—NOV. 13, 1987 Public Law 100-166 100th Congress

101 STAT. 909 " ^

Joint Resolution To designate the week of November 22, 1987, through November 28, 1987, as "National Family Week".

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the President is hereby authorized and requested to issue a proclamation designating the week of November 22, 1987, through November 28, 1987, as "National Family Week", and inviting the Governors of the several States, the chief officials of local governments, and the people of the United States to observe such week with appropriate ceremonies and activities. Approved November 13, 1987.

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LEGISLATIVE HISTORY—S.J. Res. 66 (H.J. Res. 34): CONGRESSIONAL RECORD, Vol. 133 (1987): Sept. 15, H.J. Res. 34 considered and passed House. Oct. 30, S.J. Res. 66 considered and passed Senate. Nov. 3, considered and passed House.

Nov. 13, 1987 [S.J. Res. 66]

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Page:United States Statutes at Large Volume 101 Part 1.djvu/940

 101 STAT. 910

PUBLIC LAW 100-167—NOV. 17, 1987

Public Law 100-167 100th Congress

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,,, An Act; Nov. 17, 1987 [H.R. 3428]

To provide for the distribution within the United States of the film entitled "America The Way I See It".

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. DISTRIBUTION WITHIN THE UNITED STATES OF THE USIA FILM ENTITLED "AMERICA THE WAY I SEE IT".

Public information.

Notwithstanding section 208 of the Foreign Relations Authorization Act, Fiscal Years 1986 and 1987 (22 U.S.C. 1461-la) and the second sentence of section 501 of the United States Information and Education Exchange Act of 1948 (22 U.S.C. 1461)— (1) the Director of the United States Information Agency shall make available to the Archivist of the United States a master copy of the film entitled 'America The Way I See It"; and (2) upon evidence that necessary United States rights and licenses have been secured and paid for by the person seeking domestic release of the film, the Archivist shall— (A) reimburse the Director for any expenses of the Agency in making that master copy available; (B) deposit that film in the National Archives of the United States; and (C) make copies of that film available for purchase and public viewing within the United States. Any reimbursement to the Director pursuant to this section shall be credited to the applicable appropriation of the United States Information Agency. Approved November 17, 1987.

LEGISLATIVE HISTORY—H.R. 3428: CONGRESSIONAL RECORD, Vol. 133 (1987): Oct. 19, considered and passed House. Nov. 4, considered and passed Senate.

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Page:United States Statutes at Large Volume 101 Part 1.djvu/941

 PUBLIC LAW 100-168—NOV. 17, 1987

101 STAT. 911

Public Law 100-168 100th Congress Joint Resolution Designating the week beginning November 15, 1987, as "African American Education Week".

Whereas the enrollment of African American students in urban public school districts is expected to increase significantly by 1990, but the number of African American educators available to teach these students is expected to decline; Whereas a critical shortage of African American educators already exists in the teaching force, and the percentage of African Americans pursuing careers in education has declined significantly in recent years; Whereas the National Alliance of Black School Educators promotes academic excellence as the cornerstone of achievement and upward mobility for African American students and promotes teaching as a viable career option for African Americans; Whereas the commitment of the National Alliance of Black School Educators to African American education is consistent with the current movement in the United States to reform education in the public schools; and Whereas the National Alliance of Black School Educators has initiated and will coordinate a celebration of African American education that will occur during the week of November 15, 1987: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the week beginning November 15, 1987, is designated as "African American Education Week", and the President is authorized and requested to issue a proclamation calling upon— (1) the Department of Education, and State and local governments, to support appropriate ceremonies and activities carried out to observe such week;

Nov. 17, 1987 [S.J. Res. 174]

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Page:United States Statutes at Large Volume 101 Part 1.djvu/942

 101 STAT. 912

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PUBLIC LAW 100-168—NOV. 17, 1987 (2) schools and communities in which African Americans are represented to demonstrate their commitment to the education of African Americans; and (3) community organizations that share an interest in the education of African Americans to intensify their efforts to support the achievement of academic excellence by African Americans. Approved November 17, 1987,

LEGISLATIVE HISTORY—S.J. Res. 174: CONGRESSIONAL RECORD, Vol. 133 (1987): Oct. 30, considered and passed Senate. Nov. 10, considered and passed House.

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Page:United States Statutes at Large Volume 101 Part 1.djvu/943

 PUBLIC LAW 100-169—NOV. 17, 1987 Public Law 100-169 100th Congress

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Joint Resolution Expressing the sense of the Congress that United Nations General Assembly Resolution 3379 (XXX) should be overturned, and for other purposes.

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the Congress hereby— (1) declares that United Nations General Assembly Resolution 3379 (XXX), which equates Zionism with racism— (A) has been unhelpful in the context of the search for a settlement in the Middle East; (B) is inconsistent with the Charter of the United Nations; (C) remains unacceptable as a misrepresentation of Zionism; and (D) has served to escalate religious animosity and incite anti-Semitism; and (2) recommends that the United States Government should lend support to efforts to overturn Resolution 3379 (XXX) in the United Nations. Approved November 17, 1987.

LEGISLATIVE HISTORY—S.J. Res. 205: CONGRESSIONAL RECORD, Vol. 133 (1987): Oct. 23, considered and passed Senate. Nov. 9, considered and passed House.

Nov. 17, 1987 [g j. Res. 205]

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Page:United States Statutes at Large Volume 101 Part 1.djvu/944

 101 STAT. 914

PUBLIC LAW 100-170—NOV. 17, 1987

Public Law 100-170 100th Congress

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Joint Resolution Nov. 17, 1987 [S.J. Res. 220]

Ante, p. 890.

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 100-154 is amended by striking "November 15, 1987" and inserting "December 2, 1987". Approved November 17, 1987.

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LEGISLATIVE HISTORY—S.J. Res. 220: CONGRESSIONAL RECORD, Vol. 133 (1987): Nov. 13, considered and passed Senate. Nov. 16, considered and passed House.

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Page:United States Statutes at Large Volume 101 Part 1.djvu/945

 PUBLIC LAW 100-171—NOV. 19, 1987

101 STAT. 915

Public Law 100-171 100th Congress Joint Resolution To designate the period commencing November 22, 1987, and ending November 28, 1987, as "American Indian Week".

Whereas American Indians were the original inhabitants of the lands that now constitute the United States; Whereas American Indians have made a unique and essential contribution to the United States; Whereas the people of the United States should be reminded of the assistance American Indians provided to the Founding Fathers of our Nation; Whereas the people of the United States should consider the present relationship between American Indians and the United States: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the period commencing November 22, 1987, and ending November 28, 1987, is designated as "American Indian Week", and the President is authorized and requested to issue a proclamation calling upon Federal, State, and local governments, interested groups and organizations, and the people of the United States to observe such week with appropriate programs, ceremonies, and activities. Approved November 19, 1987.

LEGISLATIVE HISTORY—S.J. Res. 53: CONGRESSIONAL RECORD, Vol. 133 (1987): Oct. 15, considered and passed Senate. Nov. 10, considered and passed House.

Nov. 19, 1987 [S.J. Res. 53]

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Page:United States Statutes at Large Volume 101 Part 1.djvu/946

 101 STAT. 916

PUBLIC LAW 100-172—NOV. 19, 1987

Public Law 100-172 100th Congress

1T' u ^ WBJ ^ V^I Q sir^^aoO-JVOi Joint Resolution

Nov. 19, 1987 [S.J. Res. 97]

To designate the week beginning November 22, 1987, as "National Adoption Week".

Whereas Thanksgiving week has been commemorated as "National Adoption Week" for the past ten years; Whereas we in Congress recognize the essential value of belonging to a secure, loving, permanent family as every child's basic right; Whereas approximately fifty thousand children who have special needs—school age children, children within sibling groups, children who are members of minorities, or children with physical, mental, or emotional handicaps—are now in foster care or institutions financed at public expense and are legally free for adoption; Whereas the adoption by capable parents of these institutionalized or foster care children into permanent, adoptive homes would insure the opportunity for their continued happiness and longrange well-being; Whereas public and private barriers inhibiting the placement of these special needs children must be reviewed and removed where possible to assure these children's adoption; Whereas the public and prospective parents must be informed of the availability of adoptive children; Whereas a variety of media, agencies, adoptive parent and advocacy groups, civic and church groups, businesses, and industries will feature publicity and information to heighten community awareness of the crucial needs of waiting children; and Whereas the recognition of Thanksgiving week as "National Adoption Week" is in the best interest of adoptable children and the public in general: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the week of November 22, 1987, through November 28, 1987, is designated "National Adoption Week", and the President of the United States is authorized and requested to issue a proclamation calling upon the people of the United States to observe such week with appropriate ceremonies and activities. Approved November 19, 1987.

LEGISLATIVE HISTORY—S.J. Res. 97 (H.J. Res. 274): CONGRESSIONAL RECORD, Vol. 133 (1987): Oct. 20, H.J. Res. 274 considered and passed House. Oct. 30, S.J. Res. 97 considered and passed Senate. Nov. 1, considered and passed House.

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Page:United States Statutes at Large Volume 101 Part 1.djvu/947

 PUBLIC LAW 100-173—NOV. 23, 1987

101 STAT. 917

Public Law 100-173 100th Congress An Act To amend the Packers and Stockyards Act, 1921, to provide financial protection to poultry growers and sellers, and to clarify Federal jurisdiction under such Act.

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

This Act may be cited as the "Poultry Producers Financial Protection Act of 1987". SEC. 2. DEFINITIONS.

Section 2(a) of the Packers and Stockyards Act, 1921 (7 U.S.C. 182), is amended— (1) in paragraph (5) by striking "and" at the end; (2) by redesignating paragraph (6) as paragraph (11); and (8) by inserting after paragraph (5) the following: "(6) The term 'poultry' means chickens, turkeys, ducks, geese, and other domestic fowl; "(7) The term 'poultry product' means any product or byproduct of the business of slaughtering poultry and processing poultry after slaughter; "(8) The term 'poultry grower' means any person engaged in the business of raising and caring for live poultry for slaughter by another, whether the poultry is owned by such person or by another, but not an employee of the owner of such poultry; "(9) The term poultry growing arrangement' means any growout contract, marketing agreement, or other arrangement under which a poultry grower raises and cares for live poultry for delivery, in accord with another's instructions, for slaughter; "(10) The term 'live poultry dealer' means any person engaged in the business of obtaining live poultry by purchase or under a poultry growing arrangement for the purpose of either slaughtering it or selling it for slaughter by another, if poultry is obtained by such person in commerce, or if poultry obtained by such person is sold or shipped in commerce, or if poultry products from poultry obtained by such person are sold or shipped in commerce; and". SEC. 3. UNLAWFUL PRACTICES.

Section 202 of the Packers and Stockyards Act, 1921 (7 U.S.C. 192), is amended— (1) by striking "It shall be unlawful with respect to livestock, meats, meat food products, livestock products in unmanufactured form, poultry or poultry products for any packer or any live poultry dealer or handler to:" and inserting "It shall be unlawful for any packer with respect to livestock, meats, meat food products, or livestock products in unmanufactured form, or for any live poultry dealer with respect to live poultry, to:"; and (2) in subdivision (c) by striking 'Sell or otherwise transfer to or for any other packer or any live poultry dealer or handler, or

Nov. 23, 1987 [H.R. 3457] Poultry Producers Financial Protection Act of 1987. 7 USC 181 note.

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Page:United States Statutes at Large Volume 101 Part 1.djvu/948

 101 STAT. 918

PUBLIC LAW 100-173—NOV. 23, 1987 buy or otherwise receive from or for any other packer or any live poultry dealer or handler, any article for the purpose or with the effect of apportioning the supply between any such packers," and inserting "Sell or otherwise transfer to or for any other packer or any live poultry dealer, or buy or otherwise receive from or for any other packer or any live poultry dealer. any article for the purpose or with the effect of apportioning the supply between any such persons,".

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7 USC 197.

SEC. 4. STATUTORY TRUST ESTABLISHED.

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The Packers and Stockyards Act, 1921 (7 U.S.C. 181 et seq.), is amended by inserting after section 206 the following: "SEC. 207. (a) It is hereby found that a burden on and obstruction to commerce in poultry is caused by financing arrangements under which live poultry dealers encumber, give lenders security interest in, or place liens on, poultry obtained by such persons by purchase in cash sales or by poultry growing arrangements, or on inventories of or receivables or proceeds from such poultry or poultry products therefrom, when payment is not made for the poultry and that such financing arrangements are contrary to the public interest. This section is intended to remedy such burden on and obstruction to commerce in poultry and protect the public interest. "(b) All poultry obtained by a live poultry dealer, by purchase in cash sales or by poultry growing arrangement, and all inventories of, or receivables or proceeds from such poultry or poultry products derived therefrom, shall be held by such live poultry dealer in trust for the benefit of all unpaid cash sellers or poultry growers of such poultry, until full payment has been received by such unpaid cash sellers or poultry growers, unless such live poultry dealer does not have average annual sales of live poultry, or average annual value of live poultry obtained by purchase or by poultry growing arrangement, in excess of $100,000. "(c) Payment shall not be considered lo have been made if the cash seller or poultry grower receives a payment instrument which is dishonored. "(d) The unpaid cash seller or poultry grower shall lose the benefit of such trust if, in the event that a payment instrument has not been received, within 30 days of the final date for making payment under section 410, or within 15 business days after the seller or poultry grower has received notice that the payment instrument promptly presented for payment has been dishonored, the seller or poultry grower has not preserved his trust under this section. The trust shall be preserved by giving written notice to the live poultry dealer and by filing such notice with the Secretary. "(e) For the purpose of this section, a cash sale means a sale in which the seller does not expressly extend credit to the buyer.". SEC. 5. LIABILITY AND ENFORCEMENT,

Section 308(a) of the Packers and Stockyards Act, 1921 (7 U.S.C. 209(a)), is amended by inserting "the purchase or sale of poultry, or relating to any poultry growing arrangement," after "livestock,". SEC. 6. RECORDS AND RESPONSIBILITY.

Sections 401 and 403 of the Packers and Stockyards Act, 1921 (7 U.S.C. 221, 223), are each amended by striking, "or any live poultry dealer or handler," each place it appears and inserting ", any live poultry dealer,".

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Page:United States Statutes at Large Volume 101 Part 1.djvu/949

 PUBLIC LAW 100-173—NOV. 23, 1987

101 STAT. 919

SEC. 7. POWERS OF FEDERAL TRADE COMMISSION AND SECRETARY OF AGRICULTURE.

Section 406 of the Packers and Stockyards Act, 1921 (7 U.S.C. 227), is amended— (1) in subsection (h)— (A) in the first sentence of paragraph (2)— , (i) by striking "or poultry products"; and -' (ii) by inserting "or" before "livestock products in unmanufactured form."; and (B) by amending paragraph (3) to read as follows: "(3) Over all transactions in commerce in margarine, oleo- Margarine. margarine, or poultry products and over retail sales of meat, meat Meat. food products and livestock products in unmanufactured form."; (2) by amending subsection (d) to read as follows: "(d) The Secretary of Agriculture shall exercise power or jurisdiction over oleomargarine or retail sales of meat, meat food products, or livestock products in unmanufactured form only when he determines, in any investigation of, or any proceeding for the prevention of, an alleged violation of this Act, that such action is necessary to avoid impairment of his power or jurisdiction over acts or transactions involving livestock, meat, meat food products, livestock products in unmanufactured form, or poultry other than retail sales thereof. In order to avoid unnecessary duplication of effort by the Government and burdens upon the industry, the Secretary shall notify the Federal Trade Commission of such determination, the reasons therefor, and the acts or transactions involved, and shall not exercise power or jurisdiction with respect to acts or transactions involving oleomargarine or retail sales of meat, meat food products, or livestock products in unmanufactured form if the Commission within 10 days from the date of receipt of such notice notifies the Secretary that there is pending in the Commission an investigation of, or proceeding for the prevention of, an alleged violation of any Act administered by the Commission involving the same subject matter."; (3) by redesignating subsection (e) as subsection (f); (4) by inserting after subsection (d) the following: "(e) The Secretary of Agriculture shall exercise jurisdiction over poultry products only in a proceeding brought under section 207 or section 410 when such action is necessary to avoid impairment of his jurisdiction."; and (5) in subsection (f), as so redesignated, by striking "and (d)" and inserting ", (d), and (e)". SEC. 8. AUTHORITY OF SECRETARY TO REQUEST INJUNCTIVE RELIEF.

Section 408 of the Packers and Stockyards Act, 1921 (7 U.S.C. 228a), is amended by inserting after "unmanufactured form," the following: "or live poultry, or has failed to pay any poultry grower what is due on account of poultry obtained under a poultry growing arrangement,". SEC. 9 PROMPT PAYMENT FOR PURCHASE OF POULTRY. . The Packers and Stockyards Act, 1921 (7 U.S.C. 181 et seq.), is amended— (1) by redesignating sections 410 and 411 as sections 414 and 7 USC 228c, 229. 415, respectively; and (2) by inserting after section 409 the following:

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Page:United States Statutes at Large Volume 101 Part 1.djvu/950

 101 STAT. 920 7 USC 228b-l.

PUBLIC LAW 100-173—NOV. 23, 1987

"SEC. 410. (a) Each live poultry dealer obtaining live poultry by purchase in a cash sale shall, before the close of the next business day following the purchase of poultry, and each live poultry dealer obtaining live poultry under a poultry growing arrangement shall, before the close of the fifteenth day following the week in which the poultry is slaughtered, deliver, to the cash seller or poultry grower from whom such live poultry dealer obtains the poultry, the full amount due to such cash seller or poultry grower on account of such poultry. "(b) Any delay or attempt to delay, by a live poultry dealer which is a party to any such transaction, the collection of funds as herein •h .M' provided, or otherwise for the purpose of or resulting in extending the normal period of payment for poultry obtained by poultry growing arrangement or purchased in a cash sale, shall be considered an 'unfair practice' in violation of this Act. Nothing in this section shall be deemed to limit the meaning of the term 'unfair practice' as used in this Act. "(c) For the purpose of this section, a cash sale means a sale in which the seller does not expressly extend credit to the buyer. 7 USC 228b-2. "SEC. 411. (a) Whenever the Secretary has reason to believe that any live poultry dealer has violated or is violating any provision of section 207 or section 410 of this Act, he shall cause a complaint in writing to be served upon the live poultry dealer, stating his charges in that respect, and requiring the live poultry dealer to attend and testify at a hearing at a time and place designated therein, at least 30 days after the service of such complaint; and at such time and place there shall be afforded the live poultry dealer a reasonable opportunity to be informed as to the evidence introduced against him (including the right of cross-examination), and to be heard in person or by counsel and through witnesses, under such regulations as the Secretary may prescribe. Any person for good cause shown may, on application, be allowed by the Secretary to intervene in such proceeding, and appear in person or by counsel. At any time prior to the close of the hearing, the Secretary may amend the complaint; but in case of any amendment adding new charges, the hearing shall, on the request of the live poultry dealer, be adjourned for a period not exceeding 15 days. Reports. "(\>) If, after such hearing, the Secretary finds that the live poultry dealer has violated, or is violating, any provisions of section 207 or section 410 of this Act covered by the charges, he shall make a report in writing in which he shall state his findings as to the facts, and shall issue and cause to be served on the live poultry dealer an order requiring such live poultry dealer to cease and desist from continuing such violation. 'The testimony taken at the hearing shall be reduced to writing and filed in the records of the Department of Agriculture. The Secretary may also assess a civil penalty of not more than $20,000 for each such violation. In determining the amount of the civil penalty to be assessed under this section, the Secretary shall consider the gravity of the offense, the size of the business involved, and the effect of the penalty on the person's ability to continue in business: Provided, however, That in no event can the penalty assessed by the Secretary take priority over or impede the ability of the live poultry dealer to pay any unpaid cash seller or poultry grower. If, after the lapse of the period allowed for •ML,^i^ 3^1]? appeal or after the affirmance of such penalty, the person against whom the civil penalty is assessed fails to pay such penalty, the Secretary may refer the matter to the Attorney General, who may

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Page:United States Statutes at Large Volume 101 Part 1.djvu/951

 PUBLIC LAW 100-173—NOV. 23, 1987

101 STAT. 921

recover such penalty by an action in the appropriate District Court of the United States. "(c) Until the record in such hearing has been filed in a court of appeals of the United States, as provided in section 412, the Secretary, at any time, upon such notice and in such manner as he deems proper, but only after reasonable opportunity to the live poultry dealer to be heard, may amend or set aside the report or order, in whole or in part. "(d) Complaints, orders, and other processes of the Secretary under this section may be served in the same manner as provided in section 5 of the Act entitled 'An Act to create a Federal Trade f^-<ii,;'j? Commission, to define its powers and duties, and for other purposes', approved September 26, 1914. "SEC. 412. (a) An order made under section 411 shall be final and 7 USC 228b-3. conclusive unless within 30 days after service the live poultry dealer appeals to the court of appeals for the circuit in which he has his principal place of business, by filing with the clerk of such court a written petition praying that the Secretary's order be set aside or modified in the manner stated in the petition, together with a bond in such sum as the court may determine, conditioned that such live poultry dealer will pay the costs of the proceedings if the court so directs. "(b) The clerk of the court shall immediately cause a copy of the petition to be delivered to the Secretary, and the Secretary shall thereupon file in the court the record in such proceedings, as provided in section 2112 of title 28, United States Code. If before such record is filed the Secretary amends or sets aside his report or order, in whole or in part, the petitioner may amend the petition within such time as the court may determine, on notice to the Secretary. "(c) At any time after such petition is filed, the court, on application of the Secretary, may issue a temporary injunction, restraining, to the extent it deems proper, the live poultry dealer and his -^.gy v officers, directors, agents, and employees, from violating any of the provisions of the order pending the final determination of the appeal. "(d) The evidence so taken or admitted, and filed as aforesaid as a part of the record, shall be considered by the court as the evidence in the case. The proceedings in such cases in the court of appeals shall be made a preferred cause and shall be expedited in every way. "(e) The court may affirm, modify, or set aside the order of the Secretary. "(f) If the court determines that the just and proper disposition of the case requires the taking of additional evidence, the court shall order the hearing to be reopened for the taking of such evidence, in such manner and upon such terms and conditions as the court may deem proper. The Secretary may modify his findings as to the facts, or make new findings, by reason of the additional evidence so taken, and he shall file such modified or new findings and his recommendations, if any, for the modification or setting aside of his order, with the return of such additional evidence. "(g) If the court of appeals affirms or modifies the order of the Secretary, its decree shall operate as an injunction to restrain the live poultry dealer, and his officers, directors, agents, and employees from violating the provisions of such order or such order as modified.

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Page:United States Statutes at Large Volume 101 Part 1.djvu/952

 101 STAT. 922

7 USC 228b-4. i;:

PUBLIC LAW 100-173—NOV. 23, 1987

"(h) The court of appeals shall have jurisdiction which upon the filing of the record with it shall be exclusive, to review, and to affirm, set aside, or modify, such orders of the Secretary, and the decree of such court shall be final except that it shall be subject to review by the Supreme Court of the United States upon certiorari, as provided in section 1254 of title 28, United States Code, if such writ is duly applied for within 60 days after entry of the decree. The issue of such writ shall not operate as a stay of the decree of the court of appeals, insofar as such decree operates as an injunction, unless so ordered by the Supreme Court. "SEC. 413. Any live poultry dealer, or any officer, director, agent, or employee of a live poultry dealer, who fails to obey any order of the Secretary issued under the provisions of section 411, or such order as modified— "(1) after the expiration of the time allowed for filing a petition in the court of appeals to set aside or modify such order, if no such petition has been filed within such time; "(2) after the expiration of the time allowed for applying for a writ of certiorari, if such order, or such order as modified, has been sustained by the court of appeals and no such writ has been applied for within such time; or "(3) after such order, or such order as modified, has been ' sustained by the courts as provided in section 412; shall on conviction be fined not less than $1,000 nor more than $20,000. Each day during which such failure continues shall be deemed a separate offense.". SEC. 10. REPEALER.

7 USC 227 note.

Title V of the Packers and Stockyards Act, 1921 (7 U.S.C. 218218d), is repealed. SEC. 11. CONSTRUCTION. (a) GENERAL RuLE.—The amendments made by this Act to the Packers and Stockyards Act, 1921, shall not be construed to limit or otherwise affect the power or jurisdiction of the Federal Trade Commission under the Federal Trade Commission Act to prevent the use of— (1) unfair methods of competition in or affecting commerce, and (2) unfair and deceptive acts or practices in or affecting commerce, involving poultry products.

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Page:United States Statutes at Large Volume 101 Part 1.djvu/953

 PUBLIC LAW 100-173—NOV. 23, 1987

101 STAT. 923

(b) SECRETARY'S AUTHORITY.—Subsection (a) shall not be construed to limit or otherwise affect the authority of the Secretary of Agriculture under section 406(e), as amended, of the Packers and Stockyards Act, 1921. SEC. 12. EFFECTIVE DATE. This Act and the amendments made by this Act shall take effect 7 USC 182 note. 90 days after the date of the enactment of this Act. Approved November 23, 1987.

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LEGISLATIVE HISTORY—H.R. 3457: HOUSE REPORTS: No. 100-397 (Comm. on Agriculture). CONGRESSIONAL RECORD, Vol. 133 (1987): Oct. 27, considered and passed House. Nov. 3, considered and passed Senate.

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Page:United States Statutes at Large Volume 101 Part 1.djvu/954

 101 STAT. 924

PUBLIC LAW 100-174—NOV. 24, 1987

Public Law 100-174

100th Congress

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An Act Nov. 24, 1987 [S. 247]

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To designate the Kern River as a national wild and scenic river.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by adding the following new paragraphs at the end: "(

) (A) NORTH FORK KERN RIVER, CALIFORNIA.—The segment of

the main stem from the Tulare-Kern County line to its headwaters in Sequoia National Park, as generally depicted on a map entitled 'Kern River Wild and Scenic River—Proposed' and dated June, 1987; to be administered by the Secretary of Agriculture; except that portion of the river within the boundaries of the Sequoia National Park shall be administered by the Secretary of the Interior. With respect to the portion of the river segment designated by this paragraph which is within the boundaries of Sequoia National Park, the requirements of subsection (b) of this section shall be fulfilled by the Secretary of the Interior through appropriate revisions to the general management plan for the park, and the boundaries, classification, and development plans for such portion need not be published in the Federal Register. Such revision to the general management plan for the park shall assure that no developments or use of park lands shall be undertaken that is inconsistent with the designation of such river segment. "(B) SOUTH FORK KERN RIVER, CALIFORNIA.—The segment from its headwaters in the Inyo National Forest to the southern boundary of the Domelands Wilderness in the Sequoia National Forest, as generally depicted on a map entitled 'Kern River Wild and Scenic River—Proposed' and dated June 1987; to be administered by the Secretary of Agriculture. "(C) Nothing in this Act shall affect the continued operation and maintenance of the existing diversion project, owned by Southern California Edison on the North Fork of the Kern River, including

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Page:United States Statutes at Large Volume 101 Part 1.djvu/955

 PUBLIC LAW 100-174—NOV. 24, 1987

101 STAT. 925

reconstruction or replacement of facilities to the same extent as existed on the date of enactment of this paragraph. "(D) For the purposes of the segments designated by this para- Appropriation graph, there are authorized to be appropriated such sums as may authorization, be necessary, but not to exceed $100,000, to the Secretary of Agriculture for development and land acquisition.". tf^^ Approved November 24, 1987.

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LEGISLATIVE HISTORY—S. 247: HOUSE REPORTS: No. 100-424 (Comm. on Interior and Insular Affairs). SENATE REPORTS: No. 100-184 (Comm. on Energy and Natural Resources). CONGRESSIONAL RECORD, Vol. 133 (1987): Oct. 1, considered and passed Senate. Nov. 9, considered and passed House.

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Page:United States Statutes at Large Volume 101 Part 1.djvu/956

 101 STAT. 926

PUBLIC LAW 100-175—NOV. 29, 1987

Public Law 100-175 100th Congress An Act Nov. 29, 1987 [H.R. 1451]

Older Americans Act Amendments of 1987. 42 USC 3001 note.

To amend the Older Americans Act of 1965 to authorize appropriations for the fiscal years 1988, 1989, 1990, and 1991; to amend the Native Americans Programs Act of 1974 to authorize appropriations for such fiscal years; 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.

This Act may be cited as the "Older Americans Act Amendments of 1987". TABLE OF CONTENTS Sec. 1. Short title; table of contents. TITLE I—AMENDMENTS TO THE OLDER AMERICANS ACT OF 1965 PART A—OBJECTIVES AND ADMINISTRATION

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

101. Objectives. 102. Establishment of Administration on Aging. 103. Data collection; reports. 104. Veterans' programs. 105. Mental health. 106. Older individuals with disabilities. 107. Older Native Americans. 108. Federal Council on Aging. 109. Regulations. 110. Publication of goals. 111. Assessment of unsatisfied demand for supportive services provided at senior centers and other sites.

PART B—GRANTS FOR SUPPORTIVE SERVICES, NUTRITION, AND OTHER ACTIVITIES

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

121. 122. 123. 124. 125. 126. 127.

Purpose. Reauthorization for State and community programs on aging. Administrative expenses of area agencies on aging. Area agencies on aging as separate units. Area plans. Daycare and respite services provided by volunteers. Coordination of certain programs relating to older victims of Alzheimer's disease. 128. Public hearings. 129. Ombudsman office and program. 130. Flexibility of services; legal assistance. 131. Documentation regarding minority participation. 132. Targeting of services. 133. Coordination relating to mental health services. 134. Services to older Native Americans. 135. Outreach regarding tuition free post-secondary education. 136. Services to individuals with disabilities. 137. Confidentiality of information relating to legal assistance provided. 138. Coordination of community-based services. 139. Pajnnents. 140. In-home services for frail older individuals. 141. Assistance for special needs. 142. State plan information regarding services to older individuals residing in rural areas. 143. Health education and promotion for older individuals. 144. Prevention of abuse of older individuals. ": 145. Limitation on certain authority to make appropriations.

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Page:United States Statutes at Large Volume 101 Part 1.djvu/957

 PUBLIC LAW 100-175—NOV. 29, 1987

101 STAT. 927

Sec. 146. Assistive technology information. PART C—DEMONSTRATION GRANTS

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

151. 152. 153. 154. 155. 156. 157.

Demonstration projects; purpose. Demonstration projects. .| Volunteer opportunities. Special projects in comprehensive long-term care. Outreach to SSI, medicaid, and food stamp recipients. Demonstration grants for individuals with disabilities. Consumer protection demonstration projects for services provided in the home. Sec. 158. Authorization of appropriations for training, research, and discretionary projects and programs. Sec. 159. Limitation on certain authority to make appropriations. PART D—COMMUNITY SERVICE EMPLOYMENT

Sec. Sec. Sec. Sec. Sec.

161. 162. 163. 164. 165.

Administrative costs of employment projects. Community service employment special needs assurance. Information on age discrimination prohibitions. Definitions. Authorization of appropriations for community service employment for older Americans. Sec. 166. Employment assistance and other programs. PART E—NATIVE AMERICAN PROGRAMS

Sec. 171. Native American programs. PART F—MISCELLANEOUS AND TECHNICAL AMENDMENTS

Sec. 181. Repeal of older Americans personal health education and training program. Sec. 182. Technical amendments. PART G—CONSUMER PRICE INDEX FOR OLDER AMERICANS

Sec. 191. Index authorized. Sec. Sec. Sec. Sec. Sec. Sec. Sec.

201. 202. 203. 204. 205. 206. 207.

TITLE 11—1991 WHITE HOUSE CONFERENCE ON AGING White House conference authorized. Authorization of the conference. Conference administration. Conference committees. Report of the conference. Definitions. Authorization of appropriations.

TITLE III—ALZHEIMER'S DISEASE RESEARCH Sec. 301. Requirement for clinical trials. Sec. 302. Authorization of appropriations. TITLE IV—NATIONAL SCHOOL LUNCH ACT AMENDMENT Sec. 401. Participation of older persons and chronically impaired disabled persons in child care food program. Sec. Sec. Sec. Sec. Sec. Sec.

501. 502. 503. 504. 505. 506.

TITLE V—NATIVE AMERICAN PROGRAMS Short title. Review of applications for assistance. Procedural requirements. Inclusion of other Native American Pacific Islanders. Authorization of appropriations. Revolving loan fund for Native Hawaiians.

TITLE VI—HEALTH CARE SERVICES IN THE HOME Sec. 601. Short title. Sec. 602. Establishment of grant programs for demonstration projects. TITLE VII—GENERAL PROVISIONS Sec. 701. Effective dates; application of amendments.

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Page:United States Statutes at Large Volume 101 Part 1.djvu/958

 101 STAT. 928

PUBLIC LAW 100-175—NOV. 29, 1987

TITLE I—AMENDMENTS TO THE OLDER AMERICANS ACT OF 1965 ,. PART A—OBJECTIVES A N D ADMINISTRATION SEC. 101. OBJECTIVES.

Indians.

Section 101 of the Older Americans Act of 1965 (42 U.S.C. 3001) is amended— ...„..^ (1) in the matter preceding paragraph (1)— (A) by striking "United States and" and inserting "United States,", and (B) by inserting ", and of Indian tribes" after "subdivisions", (2) in paragraph (3) by striking "Suitable" and inserting "Obtaining and maintaining suitable", (3) in paragraph (7) by striking "Pursuit o f and inserting "Participating in and contributing to", and (4) in paragraph (10)— (A) by striking "lives and" and inserting "lives,", and (B) by inserting ", and protection against abuse, neglect, and exploitation' before the period at the end. SEC. 102. ESTABLISHMENT OF ADMINISTRATION ON AGING.

Section 201(a) of the Older Americans Act of 1965 (42 U.S.C. 3011(a)) is amended in the third and fourth sentences by striking "the Office o f. SEC. 103. DATA COLLECTION; REPORTS.

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(a) COLLECTION REQUIRED.—Section 202(a) of the Older Americans Act of 1965 (42 U.S.C. 3012(a)) is amended— (1) in paragraph (17) by striking "and" at the end, (2) in paragraph (18) by striking the period at the end and inserting "; and ', and (3) by adding at the end the following: "(19) collect for each fiscal year, for fiscal years beginning after September 30, 1988, directly or by contract, statistical data regarding programs and activities carried out with funds provided under this Act, including— "(A) with respect to each type of service provided with such funds— "(i) the aggregate amount of such funds expended to gnofjif&i r 4 provide such service; "(ii) the number of individuals who received such service; and "(iii) the number of units of such service provided; "(B) the number of senior centers which received such funds; and "(C) the extent to which each area agency on aging designated under section 305(a) satisfied the requirements of paragraphs (2) and (5)(A) of section 306(a).". (b) REPORTS.—The last sentence of section 207(a) of the Older Americans Act of 1965 (42 U.S.C. 3018(a)) is amended to read as follows: "Such annual reports shall include— "(1) statistical data reflecting services and activities provided to individuals during the preceding fiscal year; "(2) statistical data collected under section 202(a)(19); OT;»?

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