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100 STAT. 785

this title is authorized to operate and maintain a National Technical Institute for the Deaf. SEC. 202. AGREEMENT FOR THE INSTITUTE.

20 USC 4332.

(a) GENERAL AUTHORITY.—The Secretary is authorized to establish or continue an agreement with an institution of higher education for the establishment and operation, including construction and equipment, of a National Technical Institute for the Deaf. The Secretary, in considering proposals from institutions of higher education to enter into an agreement under this Act, shall give preference to institutions which are located in metropolitan industrial areas. (b) PROVISIONS OF AGREEMENT.—The agreement shall—

(1) provide that Federal funds appropriated for the benefit of the Institute will be used only for the purposes for which appropriated and in accordance with the applicable provisions of this Act and the agreement made pursuant thereto; (2) provide that the Board of Trustees or other governing body of the institution, subject to the approval of the Secretary, will appoint an advisory group to advise the Director of the Institute in formulating and carrying out the basic policies governing its establishment and operation, which group shall include individuals who are professionally concerned with education and technical training at the postsecondary school level, persons who are professionally concerned with activities relating to education and training of the deaf, and members of the public familiar with the need for services provided by the Institute; (3) provide that the Board of Trustees or other governing body Reports. of the institution will make an annual report together with an accounting of all indirect costs paid to the institution of higher education under the agreement to the Secretary, which the Secretary shall transmit to the Congress with such comments and recommendations as the Secretary may deem appropriate; (4) include such other conditions as the Secretary deems necessary to carry out the purposes of this part; and (5) provide that any laborer or mechanic employed by any contractor or subcontractor in the performance of work on any construction aided by Federal funds appropriated for the benefit of the Institute will be paid wages at rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor in accordance with the Act of March 3, 1931 (40 U.S.C. 276a-276a-5) commonly referred to as the Davis-Bacon Act; and the Secretary of Labor shall have, with respect to the labor standards specified in this paragraph, the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (5 U.S.C App.) and section 2 of the Act of June 13, 1934 (40 U.S.C. 276c). (c) LIMITATION.—If within twenty years after the completion of any construction (except minor remodeling or alteration) for which such funds have been paid— (1) the facility ceases to be used for the purposes for which it was constructed or the agreement is terminated, unless the Secretary determines that there is good cause for releasing the institution from its obligation, or (2) the institution ceases to be the owner of the facility, the United States shall be entitled to recover from the applicant or other owner of the facility an amount which has the same ratio with respect to the current market value of the facility as the amount of

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Federal funds expended for construction of such facility bears to the total cost of construction of the facility. The current market value of the facility shall be determined by agreement of the parties or by action brought in the United States district court for the district in which the facility is situated. TITLE III—COMMISSION ON EDUCATION OF THE DEAF 20 USC 4341. Children and youth.

SEC. 301. COMMISSION ESTABLISHED. (a) ESTABLISHMENT.—There is established a Commission on Education of the Deaf to make a study of the quality of infant and early childhood education programs and of elementary, secondary, postsecondary, adult, and continuing education furnished to deaf individuals. (b) COMPOSITION.—(1) The Commission shall be composed of 12 members as follows: (A) Three members shall be appointed by the President. (B) One member shall be appointed by the Comptroller General of the United States. (C) Four of the members shall be appointed by the Speaker of the House of Representatives, with the approval of the Majority Leader and the Minority Leader of the House of Representatives. (D) Four of the members shall be appointed by the President pro tempore of the Senate, with the approval of the Majority Leader and the Minority Leader of the Senate. (2)(A) Members of the Commission shall be appointed from among individuals who have broad experience and expertise in deafness, program evaluation, education, or rehabilitation, which experience and expertise are directly relevant to the issues to be studied by the Commission. (B) The Chairperson shall be appointed jointly by the Speaker of the House of Representatives, with the approval of the Majority Leader and the Minority Leader of the House of Representatives, and the President pro tempore of the Senate, with the approval of the Majority Leader and the Minority Leader of the Senate. (3) Members of the Commission may not be employed by or be a consultant to the National Technical Institute for the Deaf or Gallaudet University during their appointment as members of the Commission and may not have been so employed for a period of one year prior to appointment. (4) Of the members appointed by the President under paragraph (1)(A), not less than 1 shall be deaf. Of the members appointed by the Speaker of the House of Representatives under paragraph (1)(C), not less than 2 shall be deaf and not more than 2 may be from the same political party. Of the members appointed by the President pro tempore of the Senate under paragraph (I)(D), not less than 2 shall be deaf and not more than 2 may be from the same political party. (5) Any vacancy in the Commission shall be filled in the same manner as the original appointment. (6) Members of the Commission shall be appointed not later than 30 days after the date of enactment of this Act.

20 USC 4342.

SEC. 302. DUTIES OF THE COMMISSION.

(a) STUDY DESCRIBED.—(1) The Commission shall make a study of—

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(A) the degree to which appropriate postsecondary, adult, and continuing educational opportunities are available to deaf individuals; (B) the advisability of expanding the number of federally supported postsecondary regional educational programs which serve the deaf; (C) the training and technical assistance needs of infant and early childhood education programs and elementary, secondary, postsecondary, adult, and continuing education programs which serve the deaf; (D) the degree to which appropriate elementary and secondary educational opportunities are available to deaf students including (i) the effects of part B of the Education of the Handicapped Act on infant and early childhood education programs and elementary and secondary educational programs for the deaf and (ii) the role played by the model secondary school for the deaf and the Kendall Demonstration Elementary School; (E) the role and impact of research, development, dissemination, and outreach activities conducted by Gallaudet University and the National Technical Institute for the Deaf in education of the deaf; (F) the degree to which the purposes of part F of the Education of the Handicapped Act (relating to instructional media for the handicapped) are being carried out; (G) the problems associated with illiteracy among deaf individuals; (H) any other issues which the Commission determines will improve the quality of infant and early education programs and elementary, secondary, postsecondary, adult, and continuing education provided to the deaf; and (I) any other recommendations to improve quality or increase cost effectiveness of providing the education of the deaf. (2) The study of each issue described in paragraph (1) shall include a description of the findings concerning each such issue together with recommendations for actions designed to address identified needs. (b) REPORTS.—The Commission shall submit to the President and to the Congress such interim reports as it deems advisable, and not later than 18 months after the date of enactment of this Act, a final report of its study and investigation together with such recommendations, including specific proposals for legislation, as the Commission deems advisable. (c) TERMINATION.—The Commission shall cease to exist 90 days following the submission of its final report. SEC. 303. ADMINISTRATIVE PROVISIONS.

(a) PERSONNEL.—(1) The Commission may appoint such personnel, including a Staff Director, as the Commission deems necessary without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and such personnel may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, but no individual so appointed shall be paid in excess of the rate authorized for GS-18 of the General Schedule.

Children and youth.

Children and youth. 20 USC 1411.

20 USC 1451.

Children and youth.

20 USC 4343.

5 USC 5101 et seq. 5 USC 5331. 5 USC 5332.

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State and local governments.

Contracts.

State and local governments. 20 USC 4344.

PUBLIC LAW 99-371—AUG. 4, 1986

(2) The Commission is authorized to obtain the services of experts and consultants in accordance with section 3109 of title 5, United States Code. (b) HEARINGS; QUORUM.—(1) The Commission or, with the authorization of the Commission, any committee thereof, may, for the purpose of carrying out the provisions of this Act, hold such hearings and sit and act at such times and such places within the United States as the Commission or such committee may deem advisable. (2) Six members of the Commission shall constitute a quorum, but a lesser number of two or more may conduct hearings. (c) CONSULTATION.—In carrying out its duties under this Act, the Commission shall consult with Gallaudet University, the National Technical Institute for the Deaf, regional postsecondary education programs for the deaf, other programs and agencies serving or representing the interests of deaf people. Federal agencies, representatives of State and local governments. State and local educational agencies, and private organizations to the extent feasible. (d) INFORMATION; STATISTICS.—(1) The Commission is authorized to secure directly from any executive department, bureau, agency, board, commission, office, independent establishment, or instrumentality (including the General Accounting Office), information, suggestions, estimates, and statistics to carry out the provisions of this title. Each such department, bureau, agency, board, commission, office, establishment, or instrumentality is authorized and directed, to the extent permitted by law, to furnish such information, suggestions, estimates, and statistics directly to the Commission, upon request made by the Chairperson. (2) For the purpose of securing necessary data and information the Commission may enter into contracts with universities, research institutions, foundations, and other competent public or private agencies. (e) AGENCY COOPERATION.—(1) The heads of all Federal agencies are, to the extent not prohibited by law, directed to cooperate with the Commission in carrying out this title. (2) The Commission is authorized to utilize, with their consent, the services, personnel, information, and facilities of other Federal, State, local and private agencies with or without reimbursement. SEC. 304. COMPENSATION OF MEMBERS. (a) UNITED STATES OFFICER AND EMPLOYEE MEMBERS.—Members of

the Commission who are officers or full-time employees of the United States shall serve without compensation in addition to that received for their services as officers or employees of the United States; but they may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5, United States Code, for individuals in the Government service employed intermittently. (b) PUBLIC MEMBERS.—Members of the Commission who are not officers or full-time employees of the United States shall receive compensation at a rate not to exceed the daily equivalent of the pay rate specified for GS-18 of the General Schedule under section 5332 of title 5, United States Code, for each day (including traveltime) during which such members are engaged in the actual performance of duties vested in the Commission. In addition, such members may be allowed travel expenses, including per diem in lieu of subsistence.

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84 from the plate to her mouth, with the slightest possible exertion, like two reversed oars, rowing steadily, out of time. As, during this operation, her eyes fulfilled the office of her tongue, and no time was lost in conversation, she was enabled to work double tides, and always left us, as soon as she had done, to finish the rest of the business by ourselves.

Opposite the door-way, in the centre of the large hall in which we dined, and in front of the place which I occupied at the table, was suspended one of those hammocks of which I have often spoken; it was hung under an awning which surrounded the internal part of the building, and encircling the court-yard. Into this she flung herself with a sort of patient indifference, which had something, however, of an air of listlessness, and, striking one of the pillars of the colonnade with her foot, and the wall on the other side with her hand, she dashed off, all at once, into a full swing. One of her maids immediately came up to


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 the justices’ (Historical Notices, p. 535). He was sentenced to be hanged at the Grassmarket on 23 April, but was reprieved till 9 May. He was then willing to have taken the test, but a quorum of the privy council could not be obtained to reprieve him.

[Howie's Scots Worthies; Wodrow's Sufferings of the Church of Scotland; Lauder of Fountainhall's Historical Notices in the Bannatyne Club.]

PATON, JOHN STAFFORD (1821–1889), general in the Indian army, was son of Captain John Forbes Paton, Bengal engineers (1796–1826), and was grandson of another Bengal officer, Col. John Paton (d. 1824), who saw 41 years' service in India, and whose ‘Tables of Routes and Stages in the Presidency of Fort William’ (3rd edition, Calcutta, 1821, fol.) went through several editions. John Stafford, born in 1821, was educated at the East India Company's military seminary at Addiscombe, and in 1837 obtained a Bengal infantry cadetship. On 3 Oct. 1840 he was appointed lieutenant in the 14th Bengal native infantry, with which he served at the battle of Maharajpore in 1843, and in the Sikh war of 1845–6, being present at the battles of Ferozeshah and Sobraon (medal and two clasps), and in the expedition to Kat-Kangra under Brigadier Alexander Jack [q. v.] As a deputy assistant quartermaster-general he served in the Punjab campaign of 1848–9, and was present in the affair at Ramnuggur, the passage of the Chenab, and the battles at Sadoolapore and Chillianwallah, where he was severely wounded (medal and clasps). In 1850 he served with the expedition under Sir Charles James Napier against the Afridees, and was present at the forcing of the Kohat Pass, near Peshawur (medal). He became captain in his regiment on 8 Feb. 1851, and received a brevet majority the day after for services in the Punjab in 1848–9. As brevet lieutenant-colonel and assistant quartermaster-general he served with the force sent to suppress the Gogaira insurrection in 1857, where he commanded the field detachment from Lahore, which was three times engaged with the enemy. While Paton was thus employed, his regiment—the 14th native infantry—mutinied at Jhelum. He was appointed brevet colonel and deputy quartermaster-general in the Punjab in November 1857. He joined the Bengal staff corps on its formation, and became a major-general on 29 Oct. 1866. He was quartermaster-general in Bengal in 1863–8, and was in temporary charge of a division of the Bengal army in 1870.

Paton, who during his active career had been thirty times mentioned in despatches and orders, was made a C.B. in 1873. He became a general on the retired list on 1 Oct. 1877. He married, in 1852, Wilhelmina Jane, daughter of the late Colonel Sir James Tennant, K.C.B., H.E.I.C.S. He died at his residence, 86 Oxford Terrace, London, W., on 28 Nov. 1889.

[Indian Registers and Army Lists, under dates; Broad Arrow, 7 Dec. 1889, p. 687; Colonel Vibart's Addiscombe, 1894, p. 679.]

PATON, MARY ANN, afterwards (1802–1864), vocalist, the eldest daughter of George Paton, a writing-master at Edinburgh and an amateur player on the violin, was born in Edinburgh in October 1802. Her mother, a Miss Crawford of Cameron Bank, was a beautiful woman and a lover of music, and her grandmother, Ann Nicoll, had enjoyed the distinction of playing the violin before the Duke of Cumberland when on his way to Culloden. Mary Ann Paton and her sisters received a good musical training, but the statement that Mary Ann composed songs for publication at the age of five may be doubted. At eight, however, she appeared at public concerts as a singer, performer on the harp and pianoforte (Viotti's concerto in G), and recited Collins's ‘Ode to the Passions’ and ‘Alexander's Feast.’ The family settled in London in 1811, and Miss Paton was heard there at the Nobility and some private concerts; but it was soon decided that her health rendered a temporary retirement from public life desirable. After an interval of six years, during which Samuel Webbe, jun., gave her lessons on the harp and pianoforte, she began her career as a vocalist. In 1820 she appeared at Bath, and in 1821 at Huntingdon.

In 1822 she joined the Haymarket company, and on 3 Aug. essayed the character and music of Susanna in the ‘Marriage of Figaro.’ This rather exacting part she performed to the satisfaction of critics, and she afterwards filled the rôles of the Countess in the same opera, of Rosina in the ‘Barber of Seville,’ of Lydia in ‘Morning, Noon, and Night,’ and of Polly in the ‘Beggar's Opera.’ Miss Paton afterwards distinguished herself at Covent Garden as Mandane in ‘Artaxerxes,’ Rosetta in ‘Love in a Village,’ Adriana in the ‘Comedy of Errors,’ and Clara in the ‘Duenna.’ The critics of the day warned her against exaggerated ornamentation, but her success was undoubted. A thoughtful article written in 1823 says: ‘She was gifted with extraordinary powers, not only as relates to the physical organ, but with an enthusiasm, an intellectual vigour of no common


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as authorized by section 5703 of title 5, United States Code, for individuals in the Government service employed intermittently. TITLE IV—GENERAL PROVISIONS SEC. 401. DEFINITIONS.

20 USC 4351.

As used in this Act— (1) The term "Board of Trustees" means (unless the context requires otherwise) the Board of Trustees of Gallaudet University established under section 103. Ante, p. 782. (2) The term "construction" includes construction and initial equipment of new buildings, and expansion, remodeling, and alteration of existing buildings and equipment thereof, including architect'services, but excluding off-site improvements. (3) The term "elementary school" means a school which provides education for deaf children from the age of onset of deafness to age fifteen, inclusive, but not beyond the eighth grade or its equivalent. (4) The term "Institute" means the National Technical Institute for the Deaf. (5) The term "institution of higher education" means an educational institution in any State which (A) admits as regular students only individuals having a certificate of graduation from a school providing secondary education, or the recognized equivalent of such a certificate, (B) is legally authorized within such State to provide a program of education beyond secondary education, (C) provides an educational program for which it awards a bachelor's degree, (D) includes one or more professional or graduate schools, (E) is a public or nonprofit private institution, and (F) is accredited by a nationally recognized accrediting agency or association. For the purpose of clause (F), the Secretary shall publish a list of nationally recognized accrediting agencies or associations which the Secretary determines to be reliable authority as to the quality of training offered. (6) The term "secondary school" means a school which provides education in grades nine through twelve, inclusive. (7) The term "Secretary" means the Secretary of Education. (8) The term "State" means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands, the Northern Mariana Islands, and the Trust Territory of the Pacific Islands. SEC. 402. GIFTS.

(a) GALLAUDET UNIVERSITY.—Gallaudet University is authorized to receive by gift, devise, bequest, purchase, or otherwise, property, both real and personal, for the use of Gallaudet University, or for the use of any of its departments or other units as may be designated in the conveyance or will, and to hold, invest, use, or dispose of such property for the purpose stated in the conveyance or will. (b) NATIONAL TECHNICAL INSTITUTE FOR THE DEAF.—The National Technical Institute for the Deaf is authorized to receive by gift, devise, bequest, purchase, or otherwise, property, both real and personal, for the use of the Institute, or for the use of any of its programs as may be designated in the conveyance or will, and to hold, invest, use, or dispose of such property for the purpose stated in the conveyance or will.

Real property. 20 USC 4352

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 100 STAT. 790 20 USC 4353.

PUBLIC LAW 99-371—AUG. 4, 1986

SEC. 403. AUDIT.

(a) GENERAL ACCOUNTING OFFICE AUTHORITY.—All financial transactions and accounts of the corporation or institution of higher education, as the case may be, in connection with the expenditure of any moneys appropriated by any law of the United States— (1) for the benefit of Gallaudet University or for the construction of facilities for its use; or (2) for the benefit of the National Technical Institute for the Deaf or for the construction of facilities for its use, shall be settled and adjusted in the General Accounting Office. (b) INDEPENDENT AUDIT.—Gallaudet University and the institution of higher education operating the National Technical Institute for the Deaf shall have an annual independent audit made of the programs and activities of the University and of the Institute, respectively. 20 USC 4354.

20 USC 3486.

20 USC 4355.

SEC. 404. REPORTS. (a) GALLAUDET UNIVERSITY.—Not later than October 15 of each

year, the Board of Trustees of Gallaudet University shall prepare and submit an annual report to the Secretary on the condition of the University, including— (1) the number of students of each description received and discharged during the preceding school year and the number remaining; (2) the branches and type of training and education taught and progress made therein; (3) a statement showing the receipts of said corporation and from what sources; and (4) its expenditures and for what objects. (b) NATIONAL TECHNICAL INSTITUTE FOR THE DEAF.—The Board of Trustees or other governing body of the institution of higher education with which the Secretary has an agreement under section 202 shall prepare and transmit to the Secretary a report on the activities of the Institute, pursuant to the agreement under section 202(b)(3). (c) MONITORING AND EVALUATION REPORT.—The Secretary, as part of the annual report required under section 426 of the Department of Education Organization Act, shall include a description of the monitoring and evaluation activities pursuant to section 405, together with such recommendations, including recommendations for legislation, as the Secretary deems necessary. SEC. 405. MONITORING AND EVALUATION ACTIVITIES.

The Secretary shall conduct monitoring and evaluation activities of the education programs and activities and the administrative operations of Gallaudet University and of the National Technical Institute for the Deaf. In carrying out the responsibilities described in this section, the Secretary is authorized to employ such consultants as may be necessary pursuant to the provisions of section 3109 of title 5, United States Code. 20 USC 4356.

SEC. 406. LIAISON FOR EDUCATIONAL PROGRAMS FOR THE DEAF.

(a) DESIGNATION OF LIAISON.—Not later than 30 days after the date of enactment of this Act, the Secretary shall designate an individual in the Office of Special Education and Rehabilitative Services of the Department of Education from among individuals who have experience in the education of the deaf to serve as liaison

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between the Department and Gallaudet University, the National Technical Institute for the Deaf, and other postsecondary educational programs for the deaf under the Education of the Handi20 USC 1400; capped Act and the Rehabilitation Act of 1973. (b) DUTIES OF LIAISON.—The individual serving as liaison for 29 USC 701 note. educational programs for the deaf shall: (1) provide information to institutions regarding the Department's efforts directly affecting the operation of such programs by such institutions; and (2) provide such support and assistance as such institutions may request and the Secretary considers appropriate. (c) AUTHORITY OF SECRETARY.—Nothing in this section may be construed to affect the authority of the Secretary under this Act or any other Act with respect to Gallaudet University or the National Technical Institute for the Deaf. SEC. 407. GALLAUDET UNIVERSITY FEDERAL ENDOWMENT PROGRAM.

20 USC 4357.

(a) ESTABLISHMENT OF FEDERAL ENDOWMENT PROGRAM.—The Secretary and the Board of Directors of Gallaudet University are authorized to establish the Gallaudet University Federal Endowment Fund (in this section referred to as the "endowment fund") in accordance with the provisions of this section, to promote the financial independence of Gallaudet University. The Secretary and the Board may enter into such agreements as may be necessary to carry out the purposes of this section. (b) FEDERAL PAYMENTS.—

(1) The Secretary shall make payments to the endowment fund from amounts appropriated pursuant to subsection (g) consistent with the provisions of this section. (2) Subject to the availability of appropriations, the Secretary shall make payments to the endowment fund in amounts equal to sums contributed to the fund from non-Federal sources (excluding transfers from other endowment funds of the University). (c) INVESTMENTS.—

(1) The University, in investing the endowment fund corpus and income, shall exercise the judgment and care, under the prevailing circumstances, which a person of prudence, discretion, and intelligence would exercise in the management of that person's own business affairs. (2) The endowment fund corpus and income shall be invested in federally insured bank savings accounts or comparable interest bearing accounts, certificates of deposit, money market funds, mutual funds, obligations of the United States, or other low-risk instruments and securities in which a regulated insurance company may invest under the laws of the District of Columbia. The endowment fund corpus and income may not be invested in real estate. (d) WITHDRAWALS AND EXPENDITURES.—

(1) For a twenty-year period from the date of the enactment of this Act, the University may not make a withdrawal or expenditure from the endowment fund corpus. (2)(A) Gallaudet University may withdraw or expend endowment fund income for any expenses necessary to the operation of the University, including expenses of operations and maintenance, administration, academic and support personnel,

Banks and banking. District of eolumbia.

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construction and renovation, community and student services programs, technical assistance, and research. (B) The University may not withdraw or expend endowment fund income for any commercial purpose. (3)(A) Except as provided in subparagraph (B), the University may not withdraw or expend more than 50 percent of the total accumulated endowment fund income. (B) The Secretary may waive the limitation under subparagraph (A), if the Secretary determines that an expenditure or withdrawal is a necessary response to exceptional or uncontrollable circumstance affecting the University, (e) RECOVERY OF PAYMENTS.—After notice and an opportunity for a hearing, the Secretary is authorized to recover any Federal payments under this section if Gallaudet University— (1) makes a withdrawal or expenditure of endowment fund corpus or income which is not consistent with the provisions of this section; (2) fails to comply with the investment standards and limitations under this section; or (3) fails to account properly to the Secretary concerning the investment of or expenditures from the endowment fund corpus or income. (0 DEFINITIONS.—For the purposes of this section the following terms have the following meanings: (1) The term "endowment fund" means a fund, or a taxexempt foundation, established and maintained by Gallaudet University for the purpose of generating income for the support of the University. (2) The term "endowment fund corpus" means an amount equal to the Federal payments to the endowment fund and amounts contributed to the fund from non-Federal sources. (3) The term "endowment fund income" means an amount equal to the total market value of the endowment fund minus the endowment fund corpus. (4) The term "Secretary" means the Secretary of Education, (g) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to carry out the purposes of this section such sums as may be necessary for each of the fiscal years 1987, 1988, 1989, 1990, and 1991. Such sums shall remain available until expended. 20 USC 4358.

SEC. 408. NATIONAL TECHNICAL INSTITUTE FOR THE DEAF ENDOWMENT PROGRAM.

(a) ESTABLISHMENT OF FEDERAL ENDOWMENT PROGRAM.—The Secretary and the Board of Directors of the National Technical Institute for the Deaf are authorized to establish the National Technical Institute for the Deaf Federal Endowment Fund (in this section referred to as the "endowment fund") in accordance with the provisions of this section, to promote the financial independence of the National Technical Institute for the Deaf. The Secretary and the Board may enter into such agreements as may be necessary to carry out the purposes of this section. (b) FEDERAL PAYMENTS.—

(1) The Secretary shall make payments to the endowment fund from amounts appropriated pursuant to subsection (g) consistent with the provisions of this section. (2) Subject to the availability of appropriations, the Secretary shall make payments to the endowment fund in amounts equal

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Rh The Commissioner makes several recommendations worthy of special attention. He calls special attention to the inadequacy of the rooms provided for the use of the office. He also calls attention to the great need of a system of digests of inventions. To carry out this suggestion would require special appropriation or an increase in the working force of the office, in order that a portion thereof might be detailed for that purpose.

The interests of the service, in his judgment, demand an additional force of clerks and examiners, and in submitting his estimates for the fiscal year ending July 1, 1882, he recommends an increase of one principal examiner, three first assistant examiners, three second assistants, and three third assistants beyond what was provided for in the appropriation bill for the present fiscal year. For the purpose of a better organization of the office he, in the same connection, recommends that there be created three chiefs of divisions at a salary of $2,000 each, who shall take the place of an equal number of fourth-class clerks. He also recommended a small increase in the number of clerks, and that the salaries thereof be readjusted to correspond with the character of work performed. To do this an increase of about $50,000 in the appropriation for salaries is required.

The Commissioner reports satisfactory results in the work of his bureau. During the year 87,304 documents, circulars, and letters were sent to correspondents at home and abroad. During the same period 19,654 were received by the office.

The office library contains about 12,000 volumes and 25,000 pamphlets.

Attention is called to the marked improvement in the methods of teaching, especially in rural schools, and the gratifying growth of public sentiment throughout the country in favor of our public school system.

The laudable efforts in the direction of industrial education are noticed, and the excellent work being done by colleges of agriculture and the mechanic arts is commented upon.

The Commissioner renews his recommendation for the passage by Congress of some act of financial aid which should be distributed at first on the basis of the percentage of illiterate persons to the total population, and, substantially, on the plan adopted by the trustees of the Peabody Fund.

He refers to the interesting information received respecting the efforts made to establish schools in Alaska. The Eusso-Greek bishop sends word of his desire to co-operate, if any plan for public schools be adopted by the government. The schools at Sitka and Wrangel, especially the girls' boarding-school at the latter place, report good progress; the children are managed easily and learn readily.


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to sums contributed to the fund from non-Federal sources (excluding transfers from other endowment funds of the Institute). (c) INVESTMENTS.—

(1) The Institute, in investing the endowment fund corpus and income, shall exercise the judgment and care, under the prevailing circumstances, which a person of prudence, discretion, and intelligence would exercise in the management of that person's own business affairs. (2) The endowment fund corpus and income shall be invested in federally insured bank savings accounts or comparable interest bearing accounts, certificates of deposit, money market funds, mutual funds, obligations of the United States, or other low-risk instruments and securities in which a regulated insurance company may invest under the laws of the District of Columbia. The endowment fund corpus and income may not be invested in real estate. (d) WITHDRAWALS AND EXPENDITURES.—

(1) For a twenty-year period from the date of the enactment of this Act, the Institute may not make a withdrawal or expenditure from the endowment fund corpus. (2)(A) The National Technical Institute for the Deaf may withdraw or expend endowment fund income for any expenses necessary to the operation of the Institute, including expenses of operations and maintenance, administration, academic and support personnel, construction and renovation, community and student services programs, technical assistance, and research. (B) The Institute may not withdraw or expend endowment fund income for any commercial purpose. (3)(A) Except as provided in subparagraph (B), the Institute may not withdraw or expend more than 50 percent of the total accumulated endowment fund income. (B) The Secretary may waive the limitation under subparagraph (A), if the Secretary determines that an expenditure or withdrawal is a necessary response to exceptional or uncontrollable circumstances affecting the Institute. (e) RECOVERY OF PAYMENTS.—After notice and an opportunity for a hearing, the Secretary is authorized to recover any Federal payments under this section if the National Technical Institute for the DeafCD makes a withdrawal or expenditure of endowment fund corpus or income which is not consistent with the provisions of this section; (2) fails to comply with the investment standards and limitations under this section; or (3) fails to account properly to the Secretary concerning the investment of or expenditures from the endowment fund corpus or income. (f) DEFINITIONS.—For the purposes of this section the following terms have the following meanings: (1) The term "endowment fund" means a fund, or a taxexempt foundation, established and maintained by the National Technical Institute for the Deaf for the purpose of generating income for the support of the Institute. (2) The term "endowment fund corpus" means an amount equal to the Federal payments to the endowment fund and amounts contributed to the fund from non-Federal sources.

Banks and banking. District of Columba.

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 100 STAT. 794

PUBLIC LAW 99-371—AUG. 4, 1986

(3) The term "endowment fund income" means an amount equal to the total market value of the endowment fund minus the endowment fund corpus. (4) The term "Secretary" means the Secretary of Education, (g) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to carry out the purposes of this section such sums as may be necessary for each of the fiscal years 1987, 1988, 1989, 1990, and 1991. Such sums shall remain available until expended. 20 USC 4359. SEC. 409. OVERSIGHT AND EFFECT OF AGREEMENTS. (a) OVERSIGHT ACTIVITIES.—Nothing in this Act shall be construed to diminish the oversight activities of the Committee on Labor and Human Resources of the Senate and the Committee on Education and Labor of the House of Representatives with respect to any agreement entered into between the Secretary of Education and Gallaudet University, and the institution of higher education with which the Secretary has an agreement under title II. (b) CONSTRUCTION OF AGREEMENTS.—The agreements described in subsection (a) of this section shall continue in effect, to the extent that such agreements are not inconsistent with the provisions of this Act. SEC. 410. REPEALS. (a) GALLAUDET COLLEGE.—The Act entitled "An Act to amend the charter of the Columbia Institution for the Deaf, change its name, define its corporate powers, and provide for its organization and 20 USC administration, and for other purposes", approved June 18, 1954, is 691-691g. repealed. (b) KENDALL DEMONSTRATION ELEMENTARY SCHOOL.—The Act entitled "An Act to modify and enlarge the authority of Gallaudet College to maintain and operate the Kendall School as a demonstration elementary school for the deaf to serve primarily the National Capital region, and for other purposes", approved December 24, 20 USC 1970, is repealed. 695-695C. (j,) MODEL SECONDARY SCHOOL FOR THE DEAF.—The Model Second20 USC ary School for the Deaf Act is repealed. 693-693b. (d) NATIONAL TECHNICAL INSTITUTE FOR THE DEAF.—The National 20 USC 681-685. Technical Institute for the Deaf Act is repealed. 20 USC 4360. SEC. 411. AUTHORIZATION OF APPROPRIATIONS. (a) GALLAUDET UNIVERSITY.—There are authorized to be appropriated such sums as may be necessary for each of the fiscal years 1987, 1988, 1989, 1990, and 1991 to carry out the provisions of this Act, relating to— (A) Gallaudet University, (B) part B of title I, relating to Kendall Demonstration Elementary School, and (C) part C of title I, relating to the model secondary school for the deaf. (b) NATIONAL TECHNICAL INSTITUTE FOR THE DEAF.—There

are

authorized to be appropriated such sums as may be necessary for each of the fiscal years 1987, 1988, 1989, 1990, and 1991 to carry out the provisions of title II, relating to the National Technical Institute for the Deaf.

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Page:United States Statutes at Large Volume 100 Part 1.djvu/831

 PUBLIC LAW 99-371—AUG. 4, 1986 (c) COMMISSION ON EDUCATION FOR THE DEAF.—There are

100 STAT. 795 au-

thorized to be appropriated such sums as may be necessary to carry out the provisions of title III, relating to the Commission on Education of the Deaf. Sums appropriated pursuant to this subsection shall remain available until expended or until the termination of the Commission, whichever first occurs. Approved August 4, 1986.

LEGISLATIVE HISTORY—S. 1874: SENATE REPORTS: No. 99-290 (Comm. on Labor and Human Resources). CONGRESSIONAL RECORD, Vol. 132 (1986):

May 6, considered and passed Senate. June 26, considered and passed House, amended. July 17, Senate concurred in House amendment. WEEKLY COMPILATION OP PRESIDENTIAL DOCUMENTS, Vol. 22 (1986): Aug. 4, Presidential statement.

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 100 STAT. 796

PUBLIC LAW 99-372—AUG. 5, 1986

Public Law 99-372 99th Congress Aug. 5, 1986 [S. 415]

Handicapped Children's Protection Act of 1986. Courts, U.S. 20 USC 1400 note.

An Act

To amend the Education of the Handicapped Act to authorize the award of reasonable attorneys' fees to certain prevailing parties, to clarify the effect of the Education of the Handicapped Act on rights, procedures, and remedies under other laws relating to the prohibition of discrimination, and for other purposes.

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

of the

SHORT TITLE

1. This Act may be cited as the 'Handicapped Children's Protection Act of 1986". SECTION

AWARD OF ATTORNEYS FEES

20 USC 1415.

28 USC app.

SEC. 2. Section 615(e)(4) of the Education of the Handicapped Act is amended by inserting "(A)" after the paragraph designation and by adding at the end thereof the following new subparagraphs: "(B) In any action or proceeding brought under this subsection, the court, in its discretion, may award reasonable attorneys' fees as part of the costs to the parents or guardian of a handicapped child or youth who is the prevailing party. "(C) For the purpose of this subsection, fees awarded under this subsection shall be based on rates prevailing in the community in which the action or proceeding arose for the kind and quality of services furnished. No bonus or multiplier may be used in calculating the fees awarded under this subsection. "(D) No award of attorneys' fees and related costs may be made in any action or proceeding under this subsection for services performed subsequent to the time of a written offer of settlement to a parent or guardian, if— "(i) the offer is made within the time prescribed by Rule 68 of the Federal Rules of Civil Procedure or, in the case of an administrative proceeding, at any time more than ten days before the proceeding begins; "(ii) the offer is not accepted within ten days; and "(iii) the court or administrative officer finds that the relief finally obtained by the parents or guardian is not more favorable to the parents or guardian than the offer of settlement. "(E) Notwithstanding the provisions of subparagraph (D), an award of attorneys' fees and related costs may be made to a parent or guardian who is the prevailing party and who was substantially justified in rejecting the settlement offer. "(F) Whenever the court finds that— "(i) the parent or guardian, during the course of the action or proceeding, unreasonably protracted the final resolution of the controversy; "(ii) the amount of the attorneys' fees otherwise authorized to be awarded unreasonably exceeds the hourly rate prevailing in

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 PUBLIC LAW 99-372—AUG. 5, 1986

100 STAT. 797

the community for similar services by attorneys of reasonably comparable skill, experience, and reputation; or "(iii) the time spent and legal services furnished were excessive considering the nature of the action or proceeding, the court shall reduce, accordingly, the amount of the attorneys' fees awarded under this subsection. "(G) The provisions of subparagraph (F) shall not apply in any action or proceeding if the court finds that the State or local educational agency unreasonably protracted the final resolution of the action or proceeding or there was a violation of section 615 of this Act.".

State and local government.

20 USC 1415.

EFFECT OF EDUCATION OF THE HANDICAPPED ACT ON OTHER LAWS

SEC. 3. Section 615 of the Education of the Handicapped Act is 20 USC 1415. amended by adding at the end thereof the following new subsection: "(0 Nothing in this title shall be construed to restrict or limit the rights, procedures, and remedies available under the Constitution, title V of the Rehabilitation Act of 1973, or other Federal statutes 29 USC 790. protecting the rights of handicapped children and youth, except that before the filing of a civil action under such laws seeking relief that is also available under this part, the procedures under subsections (b)(2) and (c) shall be exhausted to the same extent as would be required had the action been brought under this part.". GAO STUDY OF ATTORNEYS FEES PROVISION

SEC. 4. (a) The Comptroller General of the United States, through Reports, the General Accounting Office, shall conduct a study of the impact of the amendments to the Education of the Handicapped Act made 20 USC 1415 by section 2 of this Act. Not later than June 30, 1989, the Comptrol- note. ler General shall submit a report containing the findings of such 29 USC 701 note. study to the Committee on Education and Labor of the House of Representatives and the Committee on Labor and Human Resources of the Senate. The Comptroller General shall conduct a formal briefing for such Committees on the status of the study not later than March 1, 1988. Such report shall include the information described in subsection (b). (b) The report authorized under subsection (a) shall include the following information: (1) The number, in the aggregate and by State, of written decisions under sections 615(b)(2) and (c) transmitted to State 20 USC 1415 advisory panels under section 615(d)(4) for fiscal years 1984 through 1988, the prevailing party in each such decision, and the type of complaint. For fiscal year 1986, the report shall designate which decisions concern complaints filed after the date of the enactment of this Act. (2) The number, in the aggregate and by State, of civil actions brought under section 615(e)(2), the prevailing party in each action, and the type of complaint for fiscal years 1984 through 1988. For fiscal year 1986 the report shall designate which decisions concern complaints filed after the date of enactment. (3) Data, for a geographically representative selective sample of States, indicating (A) the specific amount of attorneys' fees, costs, and expenses awarded to the prevailing party, in each action and proceeding under section 615(e)(4)(B) from the date of the enactment of this Act through fiscal year 1988, and the

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Page:United States Statutes at Large Volume 100 Part 1.djvu/834

 100 STAT. 798

20 USC 1415.

PUBLIC LAW 99-372—AUG. 5, 1986 range of such fees, costs, and expenses awarded in the actions and proceedings under such section, categorized by type of complaint and (B) for the same sample as in (A) the number of hours spent by personnel, including attorneys and consultants, involved in the action or proceeding, and expenses incurred by the parents and the State educational agency and local educational agency. (4) Data, for a geographically representative sample of States, on the experience of educational agencies in resolving complaints informally under section 615(b)(2), from the date of the enactment of this Act through fiscal year 1988. EFFECTIVE DATE

20 USC 1415 ^°*®'

SEC. 5. The amendment made by section 2 shall apply with respect to actions or proceedings brought under section 615(e) of the Education of the Handicapped Act after July 3, 1984, and actions or proceedings brought prior to July 4, 1984, under such section which were pending on July 4, 1984. Approved August 5, 1986.

LEGISLATIVE HISTORY—S. 415 (H.R. 1523): HOUSE REPORTS: No. 99-296 accompanying H.R. 1523 (Comm. on Education and Labor) and No. 99-687 (Comm. of Conference). SENATE REPORTS: No. 99-112 (Comm. on Labor and Human Resources). CONGRESSIONAL RECORD: Vol. 131 (1985): July 30, considered and passed Senate. Nov. 12, H.R. 1523 considered and passed House; S. 415, amended, passed in lieu. Vol. 132 (1986): July 17, Senate agreed to conference report. July 24, House agreed to conference report. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 22 (1986): Aug. 5, Presidential statement.

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Page:United States Statutes at Large Volume 100 Part 1.djvu/835

 PUBLIC LAW 99-373—AUG. 6, 1986

100 STAT. 799

Public Law 99-373 99th Congress Joint Resolution To authorize the designation of a calendar week in 1986 and 1987 as National Infection Control Week.

Whereas nosocomial infections directly cause more than twentythousand deaths each year and indirectly contribute to sixtythousand additional deaths; Whereas one-third of all such infections are preventable; Whereas the spread of infection in day care centers is a new source of concern; and Whereas increased public awareness, dissemination of information, and assistance are essential to combat and prevent the problem of infection: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the President is authorized and requested to designate a calendar week in 1986 and 1987 as National Infection Control Week and to call upon Federal, State, and local government agencies and the people of the United States to observe such week with appropriate progrsmis, activities, and ceremonies. Approved August 6, 1986.

LEGISLATIVE HISTORY: H.J. Res. 623: CONGRESSIONAL RECORD, Vol. 132 (1986): July 16, considered and passed House. July 23, considered and passed Senate.

Aug. 6, 1986 [H.J. Res. 623]

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Page:United States Statutes at Large Volume 100 Part 1.djvu/836

 100 STAT. 800

PUBLIC LAW 99-374—AUG. 6, 1986

Public Law 99-374 99th Congress Joint Resolution Aug. 6, 1986 [S.J. Res. 371]

To designate August 1, 1986, as "Helsinki Human Rights Day".

Whereas August 1, 1986, will be the eleventh anniversary of the signing of the Final Act of the Conference on Security and Cooperation in Europe (hereafter in this preamble referred to as the "Helsinki Accords"); Whereas on August 1, 1975, the Helsinki Accords were agreed to by the Governments of Austria, Belgium, Bulgaria, Canada, Cyprus, Czechoslovakia, Denmark, Finland, France, the German Democratic Republic, the Federal Republic of Germany, Greece, the Holy See, Hungary, Iceland, Ireland, Italy, Liechtenstein, Luxembourg, Malta, Monaco, the Netherlands, Norway, Poland, Portugal, Romania, San Marino, Spain, Sweden, Switzerland, Turkey, the Union of Soviet Socialist Republics, the United Kingdom, the United States of America, and Yugoslavia; Whereas the Helsinki Accords express the commitment of the participating States to "respect human rights and fundamental freedoms, including the freedom of thought, conscience, religion or belief, for all without distinction as to race, sex, language or religion"; Whereas the Helsinki Accords also express the commitment of the participating ' States to "promote and encourage the effective exercise of civil, political, economic, social, cultural and other rights and freedoms all of which derive from the inherent dignity of the human person and are essential for his free and full development"; Whereas the Helsinki Accords also express the commitment of the participating States to "recognize and respect the freedom of the individual to profess and practise, alone or in community with others, religion or belief acting in accordance with the dictates of his own conscience"; Whereas the Helsinki Accords also express the commitment of the participating States in whose territory national minorities exist to "respect the right of persons belonging to such minorities to equality before the law" and that such States "will afford them the full opportunity for the actual enjoyment of human rights and fundamental freedoms and will, in this manner, protect their legitimate interests in this sphere"; Whereas the Helsinki Accords also express the commitment of the participating States to "recognize the universal significance of human rights and fundamental freedoms, respect for which is an essential factor for the peace, justice and well-being necessary to ensure the development of friendly relations and cooperation among themselves as among all States"; Whereas the Helsinki Accords also express the commitment of the participating States to "constantly respect these rights and freedoms in their mutual relations" and that such States "will endeavor jointly and separately, including in cooperation with the

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Page:United States Statutes at Large Volume 100 Part 1.djvu/837

 PUBLIC LAW 99-374—AUG. 6, 1986 United Nations, to promote universal and effective respect for them"; Whereas the Helsinki Accords also express the commitment of the participating States to "confirm the right of the individual to know and act upon his rights and duties in this field"; Whereas the Helsinki Accords also express the commitment of the participating States in the field of human rights and fundamental freedoms to "act in conformity with the purposes and principles of the Charter of the United Nations and with the Universal Declaration of Human Rights" and to "fulfill their obligations as set forth in the international declarations and agreements in this field, including inter alia the International Covenants on Human Rights, by which they may be bound"; Whereas the Helsinki Accords also express the commitment of the participating States to "facilitate freer movement and contacts, individually and collectively, whether privately or officially, among persons, institutions and organizations of the participating States, and to contribute to the solution of the humanitarian problems that arise in that connection"; Whereas the Helsinki Accords also express the commitment of the participating States to "favorably consider applications for travel with the purpose of allowing persons to enter or leave their territory temporarily, and on a regular basis if desired, in order to visit members of their families"; Whereas the Helsinki Accords also express the commitment of the participating States to "deal in a positive and humanitarian spirit with the applications of persons who wish to be reunited with members of their family" and "to deal with applications in this field as expeditiously as possible"; Whereas the Helsinki Accords also express the commitment of the participating States to "examine favorably and on the basis of humanitarian considerations requests for exit or entry permits from persons who have decided to marry a citizen from another participating State"; Whereas the Helsinki Accords also express the commitment of the participating States to "facilitate wider travel by their citizens for personal or professional reasons"; Whereas the Governments of the Union of Soviet Socialist Republics, Bulgaria, Czechoslovakia, the German Democratic Republic, Hungary, Poland, and Romania, in agreeing to the Helsinki Accords, have acknowledged an adherence to the principles of human rights and fundamental freedoms as embodied in the Helsinki Accords; Whereas the aforementioned Governments have violated their commitments to the Helsinki Accords by denying individuals their inherent rights to freedom of religion, thought, conscience, and belief; Whereas the aforementioned Governments have violated their commitments to the Helsinki Accords by restricting the freer movement of people, ideas, and information; Whereas the concluding document of the Madrid Review Conference of September 9, 1983, called for the Ottawa Human Rights Experts Meeting, the Budapest Cultural Forum, and the Bern Human Contacts Experts Meeting to discuss questions concerning respect for human rights and cooperation in humanitarian fields as embodied in the Helsinki Accords;

71-194 0 - 89 - 28: CL 3 Parti

100 STAT. 801

59 Stat. 1031.

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 100 STAT. 802

PUBLIC LAW 9 9 - 3 7 4 - A U G. 6, 1986

Whereas these meetings, which were attended by representatives from all the signatory States, presented important opportunities to address issues of compliance with the human rights and humanitarian provisions of the Helsinki Accords; and Whereas in November 1986 representatives from the signatory States will be meeting in Vienna to review implementation of the Helsinki Accords, including the human rights and humanitarian provisions: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That— (1) August 1, 1986, the eleventh anniversary of the signing of the Helsinki Accords is designated as "Helsinki Human Rights Day"; (2) the President is authorized and requested to issue a proclamation reasserting the American commitment to full implementation of the human rights and humanitarian provisions of the Helsinki Accords, urging all signatory nations to abide by their obligations under the Helsinki Accords, and encouraging the people of the United States to join the President and Congress in observance of Helsinki Human Rights Day with appropriate programs, ceremonies, and activities; (3) the President is further requested to continue his efforts to achieve full implementation of the human rights provisions of the Helsinki Accords by raising the issue of noncompliance with the Governments of the Soviet Union, Bulgaria, Czechoslovakia, the German Democratic Republic, Hungary, Poland, and Romania at every available opportunity; (4) the President is further requested to convey to all signatories of the Helsinki Accords that respect for human rights and fundamental freedoms is a vital element of further progress in the ongoing Helsinki process; and (5) the President is authorized to convey to allies and friends of the United States that unity on the question of respect for human rights and fundamental freedoms is the most effective means to promote the full implementation of the human rights and humanitarian provisions of the Helsinki Accords. SEC. 2. The Secretary of the Senate is directed to transmit copies of this joint resolution to the President, the Secretary of State, and the Ambassadors of the thirty-four Helsinki signatory nations. Approved August 6, 1986.

LEGISLATIVE HISTORY—S.J. Res. 371: CONGRESSIONAL RECORD, Vol. 132 (1986): July 23, considered and passed Senate. July 31, considered and passed House.

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 PUBLIC LAW 99-375—AUG. 7, 1986

100 STAT. 803

Public Law 99-375 99th Congress An Act To authorize appropriations for nongame fish and wildlife conservation during years 1986, 1987, and 1988.

flscal

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That section 11 of the Fish and Wildlife Conservation Act of 1980 (16 U.S.C. 2910) is amended by striking out "and 1985." and inserting in lieu thereof "1985, 1986, 1987, and 1988.". Approved August 7, 1986.

LEGISLATIVE HISTORY—H.R. 1406 (S. 1353): HOUSE REPORTS: No. 99-75 (Comm. on Merchant Marine and Fisheries). CONGRESSIONAL RECORD: Vol. 131 (1985): July 29, considered and passed House. Vol. 132 (1986): July 25, considered and passed Senate.

Aug. 7, 1986 [H.R. 1406]

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Page:United States Statutes at Large Volume 100 Part 1.djvu/840

 100 STAT. 804

PUBLIC LAW 99-376—AUG. 7, 1986

Public Law 99-376 99th Congress An Act Aug. 7, 1986 [H.R. 4434]

36 USC 3501. 31 Stat. 1438. Taxes. Voluntarism. 26 USC 501.

To amend the Act entitled "An Act granting a charter to the General Federation of Women's Clubs".

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the first section of the Act entitled "An Act granting a charter to the General Federation of Women's Clubs", approved March 3, 1901, is amended by (1) inserting "(a)" after "That", (2) striking the comma after "succession" and all that follows through "pleasure", (3) and adding the following new subsections at the end thereof: "(b) The General Federation of Women's Clubs shall be organized and operated exclusively for charitable and educational purposes within the meaning of section 501(c)(3) of the Internal Revenue Code of 1954 and shall otherwise comply with any requirements for classification as an exempt organization under such section. Said charitable purposes shall be achieved through volunteer efforts on the part of the membership of the General Federation of Women's Clubs, specifically including arts programs, conservation programs, educational programs, homelife programs, international affairs, public affairs programs advancing information regarding public affairs, and community improvement programs. "(c) In the event of the dissolution of the General Federation of Women's Clubs, its board of directors shall liquidate and distribute its assets to organizations qualified as exempt organizations under section 501(c)(3) of the Internal Revenue Code of 1954 with purposes similar to those of the General Federation of Women's Clubs.". Approved August 7, 1986.

LEGISLATIVE HISTORY—H.R. 4434 (S. 1827): HOUSE REPORTS: No. 99-595 (Comm. on the Judiciary). SENATE REPORTS: No. 99-319 accompanying S. 1827 (Comm. on the Judiciary). CONGRESSIONAL RECORD, Vol. 132 (1986): May 19, considered and passed House. July 25, considered and passed Senate.

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 PUBLIC LAW 99-377—AUG. 8, 1986

100 STAT. 805

Public Law 99-377 99th Congress An Act To provide for the use and distribution of funds appropriated in satisfaction of judgments awarded to the Chippewas of the Mississippi in Docket Numbered 18-S before the Indian Claims Commission, and for other purposes.

Aug. 8, 1986 [H.R. 1904]

Be it enacted by the Senate and House of Representatives of the Indians. United States of America in Congress assembled, SECTION 1. Notwithstanding any other provision of law, the funds Securities. appropriated for the Indian Claims Commission judgment awards in Docket 18-S for the Chippewas of the Mississippi (less attorney fees and litigation expense and plus all investment income and interest accrued) shall be used and distributed under this Act. SEC. 2. The Secretary of the Interior shall divide the amount for Minnesota. Docket 18-S with two-thirds of the funds for the Chippewas of Lake Superior and one-third for the Chippewas of the Mississippi. The respective shares of the Mississippi Band in Docket 18-S shall be divided by reservation affiliation as follows: (1) Mille Lac Reservation, Minnesota 569/7624; (2) White Earth Reservation, Minnesota 6431/7624; and (3) Leech Lake Reservation, Minnesota 624/7624. SEC. 3. The apportioned shares of funds under section 2 of this Act of each reservation or community shall be used as follows: (1) Eighty percent of each reservation's share shall be held and administered by the Secretary for per capita distribution and the sums (including the investment income accrued) shall be distributed in a sum as nearly equal as possible for each individual born on or prior to and living on the date of enactment of this Act who is enrolled on the respective tribal membership roll brought current to such date of enactment under tribal enrollment procedures. (2) Twenty percent of each reservation's share shall be held in trust in separate accounts for the tribal organization of the reservation and invested by the Secretary under the Act of June 24, 1938 (52 Stat. 1037; 25 U.S.C. 162a) until needed for use or distribution under the tribe's plan approved by the Secretary. (3) The per capita distributions under this section from funds apportioned to reservations or communities of the Minnesota Chippewa Tribe shall only be made to those individuals enrolled with the historical band designation for which the award was made. Plans submitted by two or more of the reservation business committees of the Minnesota Chippewa Tribe may include joint investment and use programs. SEC. 4. (a) MISCELLANEOUS.—The per capita shares under this Act of competent adults shall be paid directly to them. The per capita shares under this Act of deceased individual beneficiaries, legal incompetents, and minors shall be determined and distributed under regulations prescribed by the Secretary which are generally applicable to funds distributed under the Act of October 19, 1973 (87 Stat. 466), as amended (25 U.S.C. 1401 et seq.).

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 100 STAT. 806 Taxes. 42 USC 1305.

PUBLIC LAW 99-377—AUG. 8, 1986

(b) None of the funds distributed per capita or held in trust shall be subject to Federal or State income taxes or be considered as income or resources in determining the extent of eligibility for assistance under the Social Security Act or other Federal assistance programs. (c) Amounts remaining after per capita payments under this Act shall revert to the governing body of the respective tribal group for program purposes approved by the Secretary. (d) No person shall be entitled to receive under this Act more than one per capita share from the same Docket award. Approved August 8, 1986.

LEGISLATIVE HISTORY—H.R. 1904: HOUSE REPORTS: No. 99-269 (Comm. on Interior and Insular Affairs). SENATE REPORTS: No. 99-309 (Select Comm. on Indian Affairs). CONGRESSIONAL RECORD: Vol. 131 (1985): Oct. 7, considered and passed House. Vol. 132 (1986): July 25, considered and passed Senate.

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CH. VI.] her with a paper cigar which she was smoking to keep alight, and, watching her opportunity, popped it into the hand which was mechanically held out, and which transferred it, in a twinkling, into the mouth of the mistress. The operation was so neatly performed that the oscillation of the swing was not in the slightest degree deranged. A subsidiary kick or thump kept it going for a quarter of an hour, when it gradually stopt; the cigar was smoked,—the lady was asleep,—and our dinner was almost finished.


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 PUBLIC LAW 99-378—AUG. 8, 1986

100 STAT. 807

Public Law 99-378 99th Congress Joint Resolution To recognize and support the efforts of the United States Committee for the Battle of Normandy Museum to encourage American awareness and participation in development of a memorial to the Battle of Normandy.

Whereas the battle fought in Normandy, France, in the summer months of 1944 was the largest land battle in history and considered by many to be the turning point of World War II in Europe; Whereas the Battle of Normandy is one of the first examples of successful Allied military efforts to defend liberty and perpetuate freedom; Whereas the people of France are creating a memorial museum and study center in Normandy to commemorate the Allied effort and provide future generations of students and others an opportunity to study and understand the causes of the European conflict and the role played by the Allied Governments and military forces in the successful resolution of that conflict; and Whereas a United States Committee for the Battle of Normandy Museum has been created to inform Americans and encourage support of the museum and study center: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled. That the United States Congress recognizes and supports the historic and educational purposes to be served by the museum and study center in Normandy, France, and of the United States Committee for the Battle of Normandy Museum to encoureige understanding of and support among Americans for such an important memorial. Approved August 8, 1986.

LEGISLATIVE HISTORY—S.J. Res. 356: CONGRESSIONAL RECORD: Vol. 132 (1986): July 23, considered and passed Senate. July 28, considered and passed House.

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 100 STAT. 808

PUBLIC LAW 99-379—AUG. 13, 1986

Public Law 99-379 99th Congress Joint Resolution r s / R e s 2561

Designating August 12, 1986, as "National Neighborhood Crime Watch Day".

Whereas neighborhood crime is of continuing concern to the American people; Whereas the fight against neighborhood crime requires people to work together in cooperation with law enforcement officials; Whereas neighborhood crime watch organizations are effective at promoting awareness about, and the participation of volunteers in, crime prevention activities at the local level; and Whereas citizens across America will soon take part in a "National Night Out", a unique crime prevention event which will demonstrate the importance and effectiveness of community participation in crime prevention efforts by having people spend the period from 8 to 9 o'clock postmeridian on August 12, 1986, with their neighbors in front of their homes: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled. That August 12, 1986, is designated as "National Neighborhood Crime Watch Day", and the President is authorized and requested to issue a proclamation calling upon the people of the United States to observe such day with appropriate programs, ceremonies, and activities. Approved August 13, 1986.

LEGISLATIVE HISTORY—S.J. Res. 256: CONGRESSIONAL RECORD, Vol. 132 (1986): June 20, considered and passed Senate. Aug. 8, considered and passed House.

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 PUBLIC LAW 99-380—AUG. 14, 1986 Public Law 99-380 99th Congress

100 STAT. 809

An Act To direct the Secretary of the Interior to release a reversionary interest in certain lands in Orange County, Florida which were previously conveyed to Orange County. F l ^ r i d r " ^.^.^.^-•^. ... ^.-a^

^y^„ j ^ jggg [H.R. 1740]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. RELEASE OF REVERSIONARY INTEREST. (a) RELEASE.—

(1) To ORANGE COUNTY, FLORIDA.—The Secretary of the Interior, on behalf of the United States, shall release to Orange County in the State of Florida the reversionary interest of the United States contained in the deed described in paragraph (3). (2) REVERSIONARY INTEREST.—The reversionary interest re-

ferred to in paragraph (1) is the condition which provides that title to the lands described in the deed shall revert to, and revest in, the United States if the lands cease to be used for recreational purposes or if such lands are deemed to be necessary for national defense. (3) DEED.—The deed referred to in paragraph (1) is the quitclaim deed dated February 11, 1972, by which the United States conveyed to Orange County, Florida, a site of approximately 12,000 square feet on the Apopka-Vineland Road, formerly used by the United States as a radar site. (b) CONDITION OF RELEASE.—The Secretary shall release the rever- Public buildings sionary interest described in subsection (a)(2) only if Orange County, ^^^ grounds. Florida, agrees to use any proceeds from the sale of the land referred to in subsection (a)(3) for park and recreation purposes (including the construction of buildings and facilities for the storage of equipment and materials used for park and recreation purposes). Approved August 14, 1986.

LEGISLATIVE HISTORY—H.R. 1740: HOUSE REPORTS: No. 99-347 (Comm. on Interior and Insular Affairs). SENATE REPORTS: No. 99-343 (Comm. on Energy and Natural Resources). CONGRESSIONAL RECORD: Vol. 131 (1985): Nov. 4, considered and passed House. Vol. 132 (1986): Aug. 1, considered and passed Senate.

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 100 STAT. 810

PUBLIC LAW 99-381—AUG. 14, 1986

Public Law 99-381 99th Congress An Act Aug. 14, 1986 [H.R. 1795]

Public lands.

To exempt certain lands in the State of Mississippi from a restriction set forth in the Act of April 21, 1806.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the restriction set forth in the proviso in section 5 of the Act of April 21, 1806 (2 Stat. 401) shall not apply to— (1) the land conveyed by the Yazoo Mississippi Valley Railroad Company to the City of Natchez by a deed dated June 20, 1945, and recorded on page 177 of deed book 5-J in the records of Adams County in the State of Mississippi; and (2) the land conveyed by the City of Natchez to Sim C. Callon by a deed dated June 12, 1984, and recorded on page 402 of deed book 16-J in the records of Adams County in the State of Mississippi. Approved August 14, 1986.

LEGISLATIVE HISTORY—H.R. 1795: HOUSE REPORTS: No. 99-346 (Comm. on Interior and Insular Affairs). SENATE REPORTS: No. 99-344 (Comm. on Energy and Natural Resources). CONGRESSIONAL RECORD: Vol. 131 (1985): Nov. 4, considered and passed House. Vol. 132 (1986): Aug. 1, considered and passed Senate.

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 PUBLIC LAW 99-382—AUG. 14, 1986 Public Law 99-382 99th Congress

100 STAT. 811

An Act

To amend the Stevenson-Wydler Technology Innovation Act of 1980 for the purpose of improving the availability of Japanese science and engineering literature in the United States, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That this Act may be cited as the "Japanese Technical Literature Act of 1986". SEC. 2. Section 5 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3704) is amended— (1) by redesignating subsection (d) as subsection (e); and (2) by inserting immediately after subsection (c) the following new subsection: "(d) JAPANESE TECHNICAL LITERATURE.—(1) In addition to the duties specified in subsection (c), the Secretary shall establish and, through the National Technical Information Service and such other offices within the Department of Commerce as the Secretary considers appropriate, maintain a program (including an office in Japan) which shall, on a continuing basis— "(A) monitor Japanese technical activities and developments; "(B) consult with businesses, professional societies, and libraries in the United States regarding their needs for information on Japanese developments in technology and engineering; "(C) acquire and translate selected Japanese technical reports and documents that may be of value to agencies and departments of the Federal Government, and to businesses and researchers in the United States; and "(D) coordinate with other agencies and departments of the Federal Government to identify significant gaps and avoid duplication in efforts by the Federal Government to acquire, translate, index, and disseminate Japanese technical information. Activities undertaken pursuant to subparagraph (C) of this paragraph shall only be performed on a cost-reimbursable basis. Translations referred to in such subparagraph shall be performed only to the extent that they are not otherwise available from sources within the private sector in the United States. "(2) Beginning in 1986, the Secretary shall prepare annual reports regarding important Japanese scientific discoveries and technical innovations in such areas as computers, semiconductors, biotechnology, and robotics and manufacturing. In preparing such reports, the Secretary shall consult with professional societies and businesses in the United States. The Secretary may, to the extent provided in advance by appropriation Acts, contract with private organizations to acquire and translate Japanese scientific and technical information relevant to the preparation of such reports. "(3) The Secretary also shall encourage professional societies and private businesses in the United States to increase their efforts to

Aug. 14, 1986 [S. 1073]

Japanese Technical Literature Act of 1986. Science and technology. 15 USC 3701 note.

Reports. Contracts.

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 100 STAT. 812

Public information.

Reports.

Appropriations authorization.

PUBLIC LAW 99-382—AUG. 14, 1986

acquire, screen, translate, and disseminate Japanese technical literature. "(4) In addition, the Secretary shall compile, publish, and disseminate an annual directory which lists— "(A) all programs and services in the United States that collect, abstract, translate, and distribute Japanese scientific and technical information; and "(B) all translations of Japanese technical documents performed by agencies and departments of the Federal Government in the preceding 12 months that are available to the public. "(5) The Secretary shall transmit to the Congress, within 1 year after the date of enactment of the Japanese Technical Literature Act of 1986, a report on the activities of the Federal Government to collect, abstract, translate, and distribute declassified Japanese scientific and technical information.". SEC. 3. There is authorized to be appropriated for fiscal year 1987 the sum of $1,000,000 to carry out the purpose of this Act. Approved August 14, 1986.

LEGISLATIVE HISTORY—S. 1073: HOUSE REPORTS: No. 99-618 (Comm. on Science and Technology). SENATE REPORTS: No. 99-175 (Comm. on Commerce, Science, and Transportation). CONGRESSIONAL RECORD: Vol. 131 (1985): Nov. 23, considered and passed Senate. Vol. 132 (1986): June 23, considered and passed House, amended. Aug. 1, Senate concurred in House amendment. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 22 (1986): Aug. 14, Presidential statement.

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Page:United States Statutes at Large Volume 100 Part 1.djvu/849

 PUBLIC LAW 99-383—AUG. 21, 1986

Public Law 99-883 99th Congress

100 STAT. 813

An Act

To authorize appropriations to the National Science Foundation for the fiscal year 1987, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "National Science Foundation Authorization Act for Fiscal Year 1987". AUTHORIZATION OF APPROPRIATIONS

SEC. 2. (a) There are authorized to be appropriated to the National Science Foundation, for fiscal year 1987, the sums set forth in the following categories: (1) Mathematical and Physical Sciences, $489,870,000. (2) Engineering, $172,470,000. (3) Biological, Behavioral, and Social Sciences, $270,500,000. (4) Geosciences, $298,150,000. (5) Scientific, Technological, and International Affairs, $47,030,000. (6) Computer and Information Science and Engineering, $122,980,000. (7) Program Development and Management, $78,000,000. (8) United States Antarctic Program, $117,000,000. (9) Science and Engineering Education, $89,000,000. (b) Notwithstanding any other provision of this Act, from the amount authorized under subsection (a)— (1) not less than $33,430,000 is authorized only for purposes of the Social and Economic Sciences Division; (2) not less than $49,870,000 is authorized only for purposes of the Behavioral and Neural Sciences Division; (3) not less than $89,060,000 is authorized only for the purposes of the Astronomical Sciences Division; and (4) not less than $11,500,000 is authorized only for the purposes of the College Science Instrumentation Program. AVAILABILITY

SEC. 3. (a) Appropriations made under authority provided in sections 2 and 5 shall remain available for obligation for periods specified in the Acts making the appropriations. (b) To the extent that the total amount appropriated to carry out program activities specified in this Act is less than the total amount authorized to be appropriated for such activities under this Act, all such authorized amounts for such activities or their subactivities shall be reduced proportionally. OFFICIAL EXPENSES

SEC. 4. From appropriations made under authorizations provided in this Act, not more than $5,000 for fiscal year 1987 may be used for

Aug. 21, 1986 [H.R. 4184] National Science Foundation Authorization Act for Fiscal Year 1987. 42 USC 1861 note.

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 100 STAT. 814

PUBLIC LAW 99-383—AUG. 21, 1986

official consultation, representation, or other extraordinary expenses at the discretion of the Director of the National Science Foundation. The determination of the Director will be final and conclusive upon the accounting officers of the Government. FOREIGN CURRENCY AUTHORIZATION

SEC. 5. In addition to the sums authorized by section 2, not more than $700,000 for fiscal year 1987 are authorized to be appropriated for expenses of the National Science Foundation incurred outside the United States, to be drawn from foreign currencies that the Department of the Treasury determines to be excess to the normal requirements of the United States. TRANSFERS AUTHORIZED

SEC. 6. (a) Funds may be transferred among the categories listed in section 2(a), so long as the net funds transferred to or from any category do not exceed 10 percent of the amount authorized for that category in section 2. (b) The Director of the National Science Foundation may propose transfers to or from any category exceeding 10 percent of the amount authorized for that category in section 2. An explanation of any such proposed transfer must be transmitted in writing to the Speaker of the House of Representatives, the President of the Senate, the Committees on Labor and Human Resources and Commerce, Science, and Transportation of the Senate, and the Committee on Science and Technology of the House of Representatives. The proposed transfer may be made only when 30 calendar days have passed after submission of the written explanation. MISCELLANEOUS AMENDMENTS

SEC. 7. (a) Section 3(a)(6) of the National Science Foundation Act of 1950 (42 U.S.C. 1862(a)(6)) is amended to read as follows: "(6) to provide a central clearinghouse for the collection, interpretation, and analysis of data on scientific and engineering resources and to provide a source of information for policv formulation by other agencies of the Federal Government; and'. (b)(1) Section 6 of the National Science Foundation Act of 1950 (42 U.S.C. 1864a) is amended— (A) by striking out "(a)" after the section designation; and (B) by striking out subsection (b). (2) Section 5316 of title 5, United States Code, is amended by striking out "Assistant Directors, National Science Foundation (4),'. (c) Section 10 of the National Science Foundation Act of 1950 (42 U.S.C. 1869) is amended by striking out ", within the limits of funds made available specifically for such purpose pursuant to section 16,". (d) Section 11 of the National Science Foundation Act of 1950 (42 U.S.C. 1870) is amended— (1) by striking out "and" at the end of paragraph (i); (2) by striking out the period at the end of paragraph (j) and inserting in lieu thereof "; and"; and (3) by adding at the end thereof the following: "(k) during the 5-year period beginning on the date of the enactment of the National Science Foundation Authorization Act for Fiscal Year 1987, to indemnify grantees, contractors,

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 PUBLIC LAW 99-383—AUG. 21, 1986

100 STAT. 815

and subcontractors associated with the Ocean Drilling Program under the provisions of section 2354 of title 10, United States Code, with all approvals and certifications required by such indemnification made by the Director.". TASK FORCE ON WOMEN, MINORITIES, AND THE HANDICAPPED IN SCIENCE AND TECHNOLOGY

SEC. 8. (a) It is the purpose of this section to establish a task force on women, minorities, and the handicapped in science and technology to— (1) examine the current status of women, minorities, and the handicapped in science and engineering positions in the Federal Government and in federally assisted research programs; (2) coordinate existing Federal programs designed to promote the employment of women, minorities, and the handicapped in such positions; (3) suggest cooperative interagency programs for promoting such employment; (4) identify exemplary State, local, or private sector programs designed to promote such employment; and (5) develop a long-range plan to advance opportunities for women, minorities, and the handicapped in Federal scientific and technical positions in federally assisted research, and to coordinate the activities of participating agencies with the Committee on Equal Opportunities in Science and Engineering established by section 36 of the National Science Foundation Authorization and Science and Technology Equal Opportunities Act (42 U.S.C. 1885c), after the termination of the task force established by this section. (b) For purposes of this section, the term "participating agency" means— (1) the National Science Foundation; (2) the Department of Health and Human Services; (3) the National Aeronautics and Space Administration; (4) the Environmental Protection Agency; (5) the Department of Agriculture; (6) the Department of Defense; (7) the Department of Education; (8) the Department of Energy; (9) the Department of Commerce; and (10) the Department of the Interior. (c)(1) The task force on women, minorities, and the handicapped in science and technology shall be composed of individuals appointed by participating agencies pursuant to this subsection. (2) The head of each participating sigency shall appoint two individuals to serve as members of the task force. If an appointed member is unable to serve for the duration of the task force, the head of the participating agency who appointed that member shall appoint another individual to fill the vacancy. (3) Task force members may be appointed from private business, academia, professional associations, or nonprofit foundations. (d) The task force shall prepare and submit a report on its findings and recommendations to the President, the Congress, and the head of each participating agency not later than December 31, 1989. (e) The Office of Science and Technology Policy shall call the first meeting of the task force not later than 90 days after the date of

Government organization and employees. State and local governments. 42 USC 1885a note.

Reports.

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 100 STAT. 816

PUBLIC LAW 99-383—AUG. 21, 1986

enactment of this Act, shall ensure that each participating agency has appointed two members, and shall assist the task force to meet its objectives. (f)(1) Members of the task force not otherwise employed by the Federal Government shall be reimbursed for travel, subsistence, and other necessary expenses incurred by them in carrying out the duties of the task force. (2) The Director of the National Science Foundation shall make provision for administrative support of the task force, and may enter into agreements with the heads of other participating agencies to facilitate the work of the task force. (g) The task force shall terminate on January 31, 1990. GREENHOUSE EFFECT REPORT

President of U.S.

SEC. 9. The President shall, at the earliest practical date (but not later than August 1, 1987), submit to the Congress a report on any action taken or proposed to be taken by the Federal Government with respect to the establishment of an International Year of the Greenhouse Effect to occur in calendar year 1991. Such report shall include descriptions of possible international missions and related research and educational activities, and other such activities as the President may consider appropriate. COMPUTER NETWORK STUDY

Research and development. 42 USC 6614 note.

Reports.

SEC. 10. (a) The Office of Science and Technology Policy (hereinafter referred to as the "Office") shall undertake a study of critical problems and current and future options regarding communications networks for research computers, including supercomputers, at universities and Federal research facilities in the United States. The study shall include an analysis of— (1) the networking needs of the Nation's academic and Federal research computer programs, including supercomputer programs, over the period which is fifteen years after the date of enactment of this Act, including requirements in terms of volume of data, reliability of transmission, software compatibility, graphics capability, and transmission security; (2) the benefits and opportunities that an improved computer network would offer for electronic mail, file transfer, and remote access and communications for universities and Federal research facilities in the United States; and (3) the networking options available for linking academic and other federally supported research computers, including supercomputers, with a particular emphasis on the advantages and disadvantages, if any, of fiber optic systems. Qji) The Office shall submit to the Congress— (1) within one year after the date of enactment of this Act, a report on findings from the study undertaken pursuant to subsection (a) with respect to needs and options regarding communications networks for university and Federal research supercomputers within the United States; and (2) within two years after the date of enactment of this Act, a report on findings from the study undertaken pursuant to subsection (a) with respect to needs and options regarding communications networks for all research computers at universities and Federal research facilities in the United States.

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 PUBLIC LAW 99-383—AUG. 21, 1986

100 STAT. 817

REPEAL

SEC. 11. Title IX of the National Defense Education Act of 1959 (42 U.S.C. 1876 et seq.) is repealed. Approved August 21, 1986.

LEGISLATIVE HISTORY—H.R. 4184 (S. 2184): HOUSE REPORTS: No. 99-619 (Comm. on Science and Technology). SENATE REPORTS: No. 99-325 (Comm. on Labor and Human Resources) and No. 99-338 (Comm. on Commerce, Science, and Transportation), both accompanying S. 2184. CONGRESSIONAL RECORD, Vol. 132 (1986): June 26, considered and passed House. Aug. 1, considered and passed Senate, amended, in lieu of S. 2184. Aug. 6, House concurred in Senate amendment.

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 100 STAT. 818

PUBLIC LAW 99-384—AUG. 21, 1986

Public Law 99-384 99th Congress An Act Aug. 21, 1986 [H.R. 5395]

To increase the statutory limit on the public debt.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, subsection (b) of section 3101 of title 31, United States Code, is amended by striking out the dollar limitation contained in such subsection and inserting in lieu thereof "$2,111,000,000,000,". Approved August 21, 1986.

LEGISLATIVE HISTORY—H.R. 5395: HOUSE REPORTS: No. 99-789 (Comm. on Ways and Means). CONGRESSIONAL RECORD, Vol. 132 (1986): Aug. 14, considered and passed House. Aug. 15, considered and passed Senate, amended; House concurred in certain ^ n a t e amendment, disagreed to another; Senate receded from its amendment.

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 PUBLIC LAW 99-385—AUG. 21, 1986

100 STAT. 819

Public Law 99-385 99th Congress Joint Resolution To provide for a temporary prohibition of strikes or lockouts with respect to the Maine Central Railroad Company and Portland Terminal Company labormanagement dispute.

Whereas the labor dispute between the common rail carriers, Maine Central Railroad Company and Portland Terminal Company, and certain of the employees of such carriers represented by the Brotherhood of Maintenance of Way Employees threatens essential transportation services of the Nation; Whereas it is essential to the national interest, including the national health and defense, that essential transportation services be maintained; Whereas the Congress finds that emergency measures are essential to security and continuity of transportation services by such carriers; Whereas it is desirable to resolve such dispute in a manner which encourages solutions reached through collective bargaining; Whereas the President, pursuant to section 10 of the Railway Labor Act (45 U.S.C. 160), by Executive Order No. 12557 of May 16, 1986, created a Presidential Emergency Board to investigate the dispute and report findings; Whereas the recommendations of Presidential Emergency Board No. 209 for settlement of such dispute have not yet resulted in a settlement; and Whereas all the procedures for resolving such dispute provided for in the Railway Labor Act have been exhausted and have not resulted in settlement of the dispute: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the final paragraph of section 10 of the Railway Labor Act (45 U.S.C. 160) shall apply and be extended for an additional period of 60 days beginning on July 21, 1986, with respect to the dispute referred to in Executive Order No. 12557 of May 16, 1986, so that no change, except by agreement, shall be made by the common rail carriers, Maine Central Railroad Company and Portland Terminal Company, or by the employees of such carriers in the conditions out of which such dispute arose as such conditions existed before 12:01 ante meridiem of March 3, 1986. SEC. 2. (a) Not later than 10 days prior to the expiration date of the 60-day period referred to in the first section of this joint resolution the board established under subsection (b) shall submit to the Congress a full and comprehensive report containing— (1) the progress, if any, of negotiations between the common rail carriers, Maine Central Railroad Company and Portland Terminal Company, and the employees of such carriers represented by the Brotherhood of Maintenance of Way Employees;

A p 21 l<)8fi ' [H*^- ^^- ^^^]

3 CFR, 1986 Comp., p. 215.

45 USC 151.

Reports,

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 100 STAT. 820

Ante, p. 819.

PUBLIC LAW 99-385—AUG. 21, 1986

(2) findings of fact regarding financial and other circumstances related to the dispute described in this resolution, including, but not limited to, developments since March 3, 1986; and (3) recommendations for a proposed solution of the dispute described in this resolution, including, but not limited to, the issues covered by Presidential Emergency Board Number 209. (b) The National Mediation Board shall appoint a three-member board for the purpose of preparing and submitting the report described in subsection (a). No member appointed to such board shall be pecuniarily or otherwise interested in any organization of employees or any carrier. The compensation of such members shall be fixed by the National Mediation Board. The second paragraph of section 10 of the Railway Labor Act shall apply to the expenses of the board established under this subsection as if such board were a board created under such section 10. (c) The board appointed under subsection (b) shall terminate upon the submission to the Congress of the report required under subsection (a). Approved August 21, 1986.

LEGISLATIVE HISTORY—H.J. Res. 683: HOUSE REPORTS: No. 99-784 (Comm. on Energy and Commerce). CONGRESSIONAL RECORD, Vol. 132 (1986): Aug. 12, considered and passed House and Senate. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 22 (1986): Aug. 21, Presidential statement.

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