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Page:United States Statutes at Large Volume 97.djvu/1393

 PUBLIC LAW 98-199—DEC. 2, 1983 97 STAT. 1361 Federal laws relating to the education of handicapped children and youth, and such additional information, from State and local educa- tional agencies and other appropriate sources, as is necessary for the implementation of this Act including— "(1) the number of handicapped children and youth in each State receiving a free appropriate public education (special education and related services) by disability category and by age group (3-5, 6-11,12-17, and 18-21); "(2) the number of handicapped children and youth in each State who are participating in regular educational programs, by disability category (consistent with the requirements of section 612(5)(B) and section 614(a)(l)(C)(iv)), and the number of handi- capped children and youth in separate classes, separate schools or facilities, or public or private residential facilities, or who have been otherwise removed from the regular education environment; "(3) the number of handicapped children and youth exiting the educational system each year through program completion or otherwise, by disability category and age, and anticipated services for the next year; "(4) the amount of Federal, State, and local funds expended in each State specifically for special education and related services (which may be based upon a sampling of data from State agencies including State and local educational agencies); "(5) the number and type of personnel that are employed in the provision of special education and related services to handi- capped children and youth by disability category served, and the estimated number and t3q)e of additional personnel by disability category needed to adequately carry out the policy established by this Act; and "(6) a description of the special education and related services needed to fully implement the Act throughout each State, including estimates of the number of handicapped children and youth within each disability by age group (3-5, 6-11,12-17, and 18-21) in need of improved services and the type of programs and services in need of improvement. "(c) The Secretary shall, by grant, contract, or cooperative agree- ment, provide for evaluation studies to determine the impact of this Act. Each such evsduation shall include recommendations for improvement of the programs under this Act. The Secretary shall, not later than July 1 of each year, submit to the appropriate committees of each House of the Congress and publish in the Federal Register proposed evsduation priorities for review and comment. "(d)(1) The Secretary is authorized to enter into cooperative agree- ments with State educational agencies to carry out studies to assess the impact and effectiveness of programs assisted under the Act. "(2) Such agreements shall— "(A) provide for the payment of not to exceed 60 per centum of the total cost of studies conducted by a participating State educational agency to assess the impact and effectiveness of programs assisted under the Act; and "(B) be developed in consultation with the State Advisory Panel established under this Act, the local educational agencies, and others involved in or concerned with the education of handicapped children and youth. 20 USC 1412, 1414. Studies. Recommenda- tions. Submittal to congressional committees. Publication in Federal Register. Agreements.

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Page:United States Statutes at Large Volume 97.djvu/1394

 97 STAT. 1362 PUBLIC LAW 98-199—DEC. 2, 1983 Information dissemination. Studies Report. Transmittal to Congress and Committee. 20 USC 1411. Post, pp. 1363-1372; 20 USC 1451. "(3) The Secretary shall provide technical assistance to participat- ing State educational agencies in the implementation of the study design, analysis, and reporting procedures. "(4) In addition, the Secretary shall disseminate information from such studies to State educational agencies, and as appropriate, others involved in, or concerned with the education of handicapped children and youth. "(e)(1) At least one study shall be a longitudinal study of a sample of handicapped students, encompassing the full range of handicap- ping conditions, examining their educational progress while in spe- cial education and their occupational, educational, and independent living status after graduating from secondary school or otherwise leaving special education. "(2) At least one study shall focus on obtaining and compiling current information available through State educational agencies and local educational agencies and other service providers, regard- ing State and local expenditures for educational services for handi- capped students (including special education and related services), and gather information needed in order to calculiate a range of per pupil expenditures by handicapping condition. "(f)(1) Not later than one hundred and twenty days after the close of each fiscal year, the Secretary shall publish and disseminate an annual report on the progress being made toward the provision of a free appropriate public education to all handicapped children and youth. The annual report is to be trgmsmitted to the appropriate committees of each House of Congress and the National Advisory Committee on the Education of Handicapped Children and Youth, and published and disseminated in sufficient quantities to the edu- cation community at large and to other interested parties. "(2) The Secretary shall include in each annual report— "(A) an index and summary of each evaluation activity and results of studies conducted under subsection (c); "(B) a compilation and analysis of data gathered under sub- section (b); "(C) a description of findings and determinations resulting from monitoring reviews of State implementation of part B of this Act; "(D) an analysis and evaluation of the participation of handi- capped children and youth in vocational education programs and services; "(E) an analysis and evaluation of the effectiveness of proce- dures undertaken by each State educational agency, local edu- cational agency, and intermediate educational unit to ensure that handicapped children and youth receive special education and related services in the least restrictive environment com- mensurate with their needs and to improve programs of instruc- tion for handicapped children and youth in day or residential facilities; and "(F) any recommendations for change in the provisions of this Act or any other Federal law providing support for the educa- tion of handicapped children and youth. "(3) In the annual report for fiscal year 1985 (published in 1986) and for every third year thereafter, the Secretary shall include in the annual report— "(A) an index of all current projects funded under parts C through F of this Act; and

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Page:United States Statutes at Large Volume 97.djvu/1395

 PUBLIC LAW 98-199—DEC. 2, 1983 97 STAT. 1363 "(B) data reported under sections 621, 622, 623, 627, 634, 641, and 653. "(g) There are authorized to be appropriated $3,100,000 for fiscal year 1984, $3,270,000 for fiscal year 1985, and $3,440,000 for fiscal year 1986 to carry out the provisions of this section.". Infra; post, pp. 1364, 1365, 1368, 1372; 20 USC 1453. Appropriations authorization. AMENDMENTS RELATING TO PRESCHOOL INCENTIVE GRANTS SEC. 9. Section 619(c) of the Act is amended by inserting ", and for 20 USC 1419. providing special education and related services for handicapped children from birth to three years of age" immediately before the period. AMENDMENTS CONCERNING CENTERS AND SERVICES TO MEET SPECIAL NEEDS OF THE HANDICAPPED SEC. 10. Part C of the Act is amended to read as follows: "PART C—CENTERS AND SERVICES TO MEET SPECIAL NEEDS OF THE HANDICAPPED REGIONAL RESOURCE CENTERS "SEC. 621. (a) The Secretary is authorized to make grants to, or to enter into contracts or cooperative agreements with, institutions of higher education, private nonprofit organizations. State educational agencies, or combinations of such agencies and institutions (which combinations may include one or more local educational agencies) within particular regions of the United States, to pay all or part of the cost of the establishment and operation of regional resource centers. Each regional resource center shall provide consultation, technical assistance, and training to State educational agencies and through such State agencies to local educational agencies. Each center established or operated under this section shall— "(1) assist in identifying and solving persistent problems in providing quality special education and related services for handicapped children and youth; "(2) assist in developing, identifying, and replicating success- ful programs and practices which will improve special education and related services to handicapped children and youth and their families; "(3) gather and disseminate information to all State educa- tional agencies within the region and coordinate activities with other centers assisted under this section and other relevant projects conducted by the Department of Education; and "(4) assist in the improvement of information dissemination to and training activities for professioneds and parents of handi- capped children. "(b) In determining whether to approve an application for a project under this section, the Secretary shall consider the need for such a center in the region to be served by the applicant and the capability of the applicant to fulfill the responsibilities under sub- section (a). "(c) Each regional resource center shall report a summary of materials produced or developed and this information shall be included in the annual report to Congress required under section 618. Operational costs. 20 USC 1421. Report to Congress. Ante, p. 1360.

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Page:United States Statutes at Large Volume 97.djvu/1396

 97 STAT. 1364 PUBLIC LAW 98-199—DEC. 2, 1983 Grants, cooperative agreements or contracts. 20 USC 1422. Report to Secretary. 20 USC 1411. 20 USC 2771. SERVICES FOR DEAF-BUND CHILDREN AND YOUTH "SEC. 622. (a)(1) The Secretary is authorized to make grants to, or to enter into cooperative agreements or contracts with, public or nonprofit private agencies, institutions, or organizations to assist State educational agencies to— "(A) assure deaf-blind children and youth provision of special education and related services as well as vocational and transi- tional services; and "(B) make available to deaf-blind youth upon attaining the age of twenty-two, programs and services to facilitate their transition from educational to other services. "(2) A grant, cooperative agreement, or contract pursuant to paragraph (I)(A) may be made only for programs providing (A) technical assistance to agencies, institutions, or organizations providing educational services to deaf-blind children or youth; (B) preservice or inservice training to paraprofessionals, professionals, or related services personnel preparing to serve, or serving, deaf- blind children or youth; (C) replication of successful innovative approaches to providing educational or related services to deaf-blind children and youth; and (D) facilitation of parental involvement in the education of their deaf-blind children and youth. Such programs may include— "(i) the diagnosis and educational evaluation of children and youth at risk of being certified deaf-blind; "(ii) programs of adjustment, education, and orientation for deaf-blind children and youth; and "(iii) consultative, counseling, and training services for the families of deaf-blind children and youth. "(3) A grant, cooperative agreement, or contract pursuant to paragraph (I)(B) may be made only for programs providing (A) technical assistance to agencies, institutions, and organizations serv- ing, or proposing to serve, deaf-blind individuals who have attained age twenty-two years; (B) training or inservice training to parapro- fessionals or professionals serving, or preparing to serve, such indi- viduals; and (C) assistance in the development or replication of successful innovative approaches to providing rehabilitative, semi- supervised, or independent living programs. '(4) In carrying out this subsection, the Secretary shall take into consideration the need for a center for deaf-blind children and youth in light of the general availability and quality of existing services for such children and youth in the part of the country involved. "(b) The Secretary is also authorized to enter into a limited number of cooperative agreements or contracts to establish and support regional programs for the provision of technical assistance in the education of deaf-blind children and youth. "(c)(1) Programs supported under this section shall report annually to the Secretary on (A) the numbers of deaf-blind children and youth served by age, severity, and nature of deaf-blindness; (B) the number of paraprofessionals, professionals, and family members directly served by each activity; and (C) the types of services provided. "(2) The Secretary shall examine the number of deaf-blind chil- dren and youth (A) reported under subparagraph (c)(l)(A) and by the States; (B) served by the programs under part B of this Act and subpart 2 of part B, title I, of the Elementary and Secondary Education Act of 1965 (as modified by chapter 1 of the Education

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Page:United States Statutes at Large Volume 97.djvu/1397

 PUBLIC LAW 98-199—DEC. 2, 1983 97 STAT. 1365 Consolidation and Improvement Act of 1981); and (C) the Deaf-Blind Registry of each State. The Secretary shall revise the count of deaf- blind children and youth to reflect the most accurate count. "(3) The Secretary shall summarize these data for submission in the annual report required under section 618. "(d) The Secretary shall disseminate materials and information concerning effective practices in working with deaf-blind children and youth. 20 USC 3801. Report. Ante, p. 1360. EARLY EDUCATION FOR HANDICAPPED CHILDREN Contract, grant, or cooperative agreement. 20 USC 1423. "SEC. 623. (a)(l) The Secretary is authorized to arrange by con- tract, grant, or cooperative agreement with appropriate public agen- cies and private nonprofit organizations, for the development and operation of programs of experimental preschool and early educa- tion for handicapped children which the Secretary determines show promise of promoting a comprehensive and strengthened approach to the special problems of such children. Such programs shall include activities and services designed to (1) facilitate the intellec- tual, emotional, physical, mental, social, and language development of such children; (2) encourage the participation of the parents of such children in the development and operation of any such pro- gram; and (3) acquaint the community to be served by any such program with the problems and potentialities of such children. "(2) Programs authorized by this subsection shall be coordinated with similar programs in the schools operated or supported by State or local educational agencies of the community to be served. "(3) As much as is feasible, such programs shall be geographically dispersed throughout the Nation in urban as well as rural areas. ' (4) No arrangement pursuant to this subsection shall provide for Payment. the payment of more than 90 per centum of the total annual costs of development, operation, and evaluation of any program. Non-Federal contributions may be in cash or in kind, fairly evaluat- ed, including, but not limited to, plant, equipment, and services. "(5) For purposes of this subsection the term 'handicapped chil- dren' includes children from birth through eight years of age. "(b)(1) Subject to paragraph (2), the Secretary is authorized to make a grant to each State through the State educational agency or other State agency to assist such State agency in planning, develop- ing, and implementing a comprehensive delivery system for the provision of special education and related services to handicapped children from birth through five years of age. "(2) The Secretary shall make one of the following types of grants Types of grants (authorized under paragraph (1)) to any State which submits an application which meets the requirements of this subsection: "(A) PLANNING GRANT.— A grant for a maximum of two years for the purpose of assessing needs within the State and estab- lishing a procedure and design for the development of a State plan which includes parent participation and training of profes- sionals and others. "(B) DEVELOPMENT GRANT. — A grant for a maximum of three years for the purpose of developing a comprehensive State plan, and gaining approval of this plan from the State Board of Education, the Commissioner of Education, or other designated official of the appropriate State agency. "(C) IMPLEMENTATION GRANT.— A grant for a maximum of three years for the purpose of implementing and evaluating "Handicapped children. '

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Page:United States Statutes at Large Volume 97.djvu/1398

 97 STAT. 1366 PUBLIC LAW 98-199—DEC. 2, 1983 Application submittal. 20 USC 1412. 20 USC 1419. Ante, p. 1360. Special education and services, status. the comprehensive State plan. A State must apply for annual renewal of such grant. "(3) Each State educational agency or other State agency desiring to receive a grant under this subsection shall submit an application at such time, in such manner, and accompanied by such information as the Secretary considers necessary. Each such application shall contain assurances and evidence that: "(A) The State agency receiving the grant will coordinate with other appropriate State agencies (including the State edu- cational agency) in carrying out the grant. "(B) The State plan will address the special education and related service needs of all handicapped children from birth through five years of age with special emphasis on children who are often not identified and children who are not now served. "(C) The State plan will be closely coordinated with child-find efforts under section 612(2)(C) and with preschool incentive grant activities under section 619 of this Act. "(4) The Secretary shall include in the annual report under section 618 of this Act the following: "(A) The States and State agencies receiving grants under this subsection and the t5rpes of grants received. "(B) A description of the activities in each State being under- taken through grants under this subsection. "(C) Beginning in 1986, in consultation with the National Council for the Handicapped and the National Advisory Com- mittee on the Education of Handicapped Children and Youth, a description of the status of special education and related serv- ices to handicapped children from birth through five years of age (including those receiving services through Head Start, Developmental Disabilities Program, Crippled Children's Serv- ices, Mental Health/Mental Retardation Agency, and State child-development centers and private agencies under contract with local schools). "(c)(l) Not less than 30 per centum of the funds made available in any year for the purposes of this section may be used for purposes of subsection (b). "(2) Not less than 10 per centum of the funds made available in any year for the purposes of subsection (b) shall be available for the provision of training and technical assistance to States preparing to receive or receiving grants under this section. Grants, contracts, o r cooperative agreements. 20 USC 1424. RESEARCH, INNOVATION, TRAINING, AND DISSEMINATION ACTIVITIES IN CONNECTION WITH CENTERS AND SERVICES FOR THE HANDICAPPED "SEC. 624. (a) The Secretary is authorized to make grants to, or to enter into contracts or cooperative agreements with such organiza- tions or institutions, as are determined by the Secretary to be appropriate, consistent with the purposes of this part, for— "(1) research to identify and meet the full range of special needs of handicapped children and youth; "(2) the development or demonstration of new, or improve- ments in existing, methods, approaches, or techniques which would contribute to the adjustment and education of handi- capped children and youth; "(3) training of personnel for programs specifically designed for handicapped children; and

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Page:United States Statutes at Large Volume 97.djvu/1399

 PUBLIC LAW 98-199—DEC. 2, 1983 97 STAT. 1367 "(4) dissemination of materials and information about prac- tices found effective in working with such children and youth. "(b) In making grants and contracts under this section, the Secre- tary shall ensure that the activities funded under such grants and contracts will be coordinated with similar activities funded from grants and contracts under other sections of this Act. "(c) In carrying out the provisions of this section the Secretary is authorized to address the needs of the severely handicapped. POSTSECONDARY EDUCATION PROGRAMS "SEC. 625. (a)(l) The Secretary is authorized to make grants to or enter into contracts with State educational agencies, institutions of higher education, junior and community colleges, vocational and technical institutions, and other appropriate nonprofit educational agencies for the development, operation, and dissemination of spe- cially designed model programs of postsecondary, vocational, techni- cal, continuing, or adult education for handicapped individuals. "(2) In making grants or contracts on a competitive basis under this section, the Secretary shall give priority consideration to the four regional centers for the deaf and to model programs for individ- uals with handicapping conditions other than deafness— "(A) for developing and adapting programs of postsecondary, vocational, technical, continuing, or adult education to meet the special needs of handicapped individuals; and "(B) for programs that coordinate, facilitate, and encourage education of handicapped individuals with their nonhandi- capped peers. "(3) Of the sums made available for programs under this section, not less than $2,000,000 shall first be available for the four regional centers for the deaf. " (b) For the purposes of this section the term 'handicapped indi- viduals' means individuals who are mentally retarded, hard of hearing, deaf, speech or language impaired, visually handicapped, seriously emotionally disturbed, orthopedically impaired, or other health impaired individuals, or individuals with specific learning disabilities who by reason thereof require special education and related services. Grants or contracts. 20 USC 1424a. "Handicapped individuals." SECONDARY EDUCATION AND TRANSITIONAL SERVICES FOR HANDICAPPED YOUTH "SEC. 626. (a) The Secretary is authorized to make grants to, or enter into contracts with, institutions of higher education. State educational agencies, local educational agencies, or other appropri- ate public and private nonprofit institutions or agencies (including the State job training coordinating councils and service delivery areadministrative entities established under the Job Training Partnership Act (Public Law 97-300)) to— "(1) strengthen and coordinate education, training, and relat- ed services for handicapped youth to assist in the transitional process to postsecondary education, vocational training, compet- itive emplo3ntnent, continuing education, or adult services; and "(2) stimulate the improvement and development of programs for secondary special education. "(b) Projects assisted under this section may include— Grants or contracts. 20 USC 1425. 29 USC 1501 note.

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Page:United States Statutes at Large Volume 97.djvu/1400

 97 STAT. 1368 PUBLIC LAW 98-199—DEC. 2, 1983 "(1) developing strategies and techniques for transition to independent living, vocational training, postsecondary educa- tion, and competitive employment for handicapped youth; "(2) establishing demonstration models for services and pro- grams which emphasize vocational training, transitional serv- ices, and placement for handicapped youth; "(3) conducting demographic studies which provide informa- tion on the numbers, age levels, types of handicapping condi- tions, and services required for handicapped youth in need of transitional programs; "(4) specially designed vocational programs to increase the potential for competitive employment for handicapped youth; "(5) research and development projects for exemplary service delivery models and the replication and dissemination of successful models; "(6) initiating cooperative models between educational agen- cies and adult service agencies, including vocational rehabilita- tion, mental health, mental retardation, public employment, and employers, which facilitate the planning and developing of transitional services for handicapped youth to postsecondary education, vocational training, employment, continuing educa- tion, and adult services; and "(7) developing appropriate procedures for evaluating voca- tional training, placement, and transitional services for handi- capped youth. "(c) For purposes of subsections (b)(1) and (b)(2), if an applicant is not an educational agency, such applicant shall coordinate with the State educational agency. "(d) Projects funded under this section shall to the extent appro- priate provide for the direct participation of handicapped students and the parents of handicapped students in the planning, develop- ment, and implementation of such projects. "(e) The Secretary, as appropriate, shall coordinate programs described under this section with projects developed under section 29 USC 777a. 311 of the Rehabilitation Act of 1973. "P ROGRAM EVALUATIONS 20 USC 1426. "SEC. 627. The Secretary shall conduct, either directly or by contract, a thorough and continuing evaluation of the effectiveness Submittal to of each program assisted under this part. Results of the evaluations Congress. shall be analyzed and submitted to the appropriate committees of each House of Congress together with the annual report under Ante, p. 1360. section 618. "AUTHORIZATION OF APPROPRIATIONS 20 USC 1427. "SEC. 628. (a) There are authorized to be appropriated to carry out Ante, p. 1363. the provisions of section 621, $5,700,000 for fiscal year 1984, $6,000,000 for fiscal year 1985, and $6,300,000 for fiscal year 1986. "(b) There are authorized to be appropriated to carry out the Ante, p. 1364. provisions of section 622, $15,000,000 for fiscal year 1984, and for each of the two succeeding fiscal years. "(c) There are authorized to be appropriated to carry out the Ante, p. 1365. provisions of section 623, $26,000,000 for fiscal year 1984, $27,100,000 for fiscal year 1985, and $28,300,000 for fiscal year 1986. "(d) There are authorized to be appropriated to carry out the Ante, p. 1366. provisions of subsection (c) of section 624, $5,000,000 for fiscal year

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Page:United States Statutes at Large Volume 97.djvu/1401

 PUBLIC LAW 98-199—DEC. 2, 1983 97 STAT. 1369 1984, $5,300,000 for fiscal year 1985, and $5,600,000 for fiscal year 1986. "(e) There are authorized to be appropriated to carry out the provisions of section 625, $5,000,000 for fiscal year 1984, $5,300,000 Ante, p. 1367. for fiscal year 1985, and $5,500,000 for fiscal year 1986. "(f) There are authorized to be appropriated to carry out the provisions of section 626, $6,000,000 for fiscal year 1984, $6,330,000 Ante, p. 1367. for fiscal year 1985, and $6,660,000 for fiscal year 1986.". AMENDMENTS CONCERNING TRAINING PERSONNEL FOR THE EDUCATION OF THE HANDICAPPED SEC. 11. Part D of the Act is amended to read as follows: "PART D—TRAINING PERSONNEL FOR THE EDUCATION OF THE HANDICAPPED "GRANTS FOR PERSONNEL TRAINING "SEC. 631. (a)(1) The Secretary is authorized to make grants, which 20 USC 1431. may include scholarships with necessary stipends and allowances, to institutions of higher education (including the university-affiliated facilities program under the Rehabilitation Act of 1973 and the 29 USC 701 note. satellite network of the developmental disabilities program) and other appropriate nonprofit agencies to assist them in training personnel for careers in special education including— "(A) special education teaching, including speech, language, and hearing impaired, and adaptive physical education; "(B) related services to handicapped children and youth in educationgil settings; "(C) special education supervision and administration; "(D) special education research; and "(E) training of special education personnel and other person- nel providing special services. "(2) The Secretary shall ensure that grants awarded to applicant institutions and agencies under this subsection meet State and professionally recognized standards for the training of special educa- tion and related services personnel. "(3) Grants under this subsection may be used by such institutions to assist in covering the cost of courses of training or study for such personnel and for establishing and maintaining fellowships or train- eeships with such stipends and allowances as may be determined by the Secretary. "(4) The Secretary in carrying out the purposes of this subsection may reserve a sum not to exceed 5 per centum of the amount available for this subsection in each fiscal year for contracts to prepare personnel in areas where shortages exist, when a response to that need has not been adequately addressed by the grant process. "(b) The Secretary is authorized to make grants to institutions of higher education and other appropriate nonprofit agencies to con- duct special projects to develop and demonstrate new approaches for the preservice training purposes set forth in subsection (a), for regular educators, and for the inservice training of special education personnel, including classroom aides, related services personnel, and regular education personnel who serve handicapped children. '(c)(1) The Secretary is authorized to make grants through a separate competition to private nonprofit organizations for the pur-

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Page:United States Statutes at Large Volume 97.djvu/1402

 97 STAT. 1370 PUBLIC LAW 98-199—DEC. 2, 1983 Quarterly review. Review, submittal to Secretary. pose of providing training and information to parents of handi- capped children and volunteers who work with parents to enable such individuals to participate more effectively with professionals in meeting the educational needs of handicapped children. Such grants shall be designed to meet the unique training and information needs of parents of handicapped children, including those who are mem- bers of groups that have been traditionally underrepresented, living in the area to be served by the grant. "(2) In order to receive a grant under this subsection a private nonprofit organization shall— "(A) be governed by a board of directors on which a majority of the members are parents of handicapped children and which includes members who are professionals in the field of special education and related services who serve handicapped children and youth; or if the nonprofit private organization does not have such a board, such organization shall have a membership which represents the interests of individuals with handicapping condi- tions, and shall establish a special governing committee on which a majority of the members are parents of hemdicapped children and which includes members who are professionals in the fields of special education and related services, to operate the training and information program under this subsection; "(B) serve the parents of children with the full range of handicapping conditions under such grant program; and "(C) demonstrate the capacity and expertise to conduct effec- tively the training and information activities authorized under this subsection. "(3) The board of directors or special governing committee of a private nonprofit organization receiving a grant under this subsec- tion shall meet at least once in each calendar quarter to review such parent training and information activities, and each such committee shall advise the governing board directly of its views and recommen- dations. Whenever a private nonprofit organization requests the renewal of a grant under this subsection, the board of directors or the special governing committee shall submit to the Secretary a written review of the parent training and information program conducted by that private nonprofit organization during the preced- ing fiscal year. "(4) The Secretary shall ensure that grants under this subsection will— "(A) be distributed geographically to the greatest extent possi- ble throughout all the States; and "(B) be targeted to parents of handicapped children in both urban and rural areas, or on a State, or regional basis. "(5) Parent training and information programs assisted under this subsection shall assist parents to— "(A) better understand the nature and needs of the handicap- ping conditions of their child; "(B) provide followup support for their handicapped child's educational programs; "(C) communicate more effectively with special and regular educators, administrators, related services personnel, and other relevant professionals; "(D) participate in educational decisionmaking processes in- cluding the development of their handicapped child's individ- ualized educational program;

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 PUBLIC LAW 98-199—DEC. 2, 1983 97 STAT. 1371 "(E) obtain information about the programs, services, and resources available to their handicapped child, and the degree to which the programs, services, and resources are appropriate; and "(F) understand the provisions for the education of handi- capped children as specified under part B of this Act. 20 USC 1411. "(6) Each private nonprofit organization operating a program receiving assistance under this subsection shall consult with appro- priate agencies which serve or assist handicapped children and youth and are located in the jurisdictions served by the program. "(7) The Secretary shall provide technical assistance, by grant or contract, for establishing, developing, and coordinating parent train- ing and information programs. "GRANTS TO STATE EDUCATIONAL AGENCIES FOR TRAINEESHIPS "SEC. 632. The Secretary shall make grants to State educational 20 USC 1432. agencies to assist them in establishing and maintaining, directly or through grants to institutions of higher education, programs for the preservice and inservice training of teachers of handicapped chil- dren, or supervisors of such teachers. "GRANTS TO IMPROVE RECRUITMENT OF EDUCATIONAL PERSONNEL AND DISSEMINATION OF INFORMATION CONCERNING EDUCATIONAL OPPOR- TUNITIES FOR THE HANDICAPPED "SEC. 633. (a) The Secretary is authorized to make a grant to or 20 USC 1433. enter into a contract with a public agency or a nonprofit private organization or institution for a national clearinghouse on the education of the handicapped and to make grants or contracts with a public agency or a nonprofit private organization or institution for other support projects which may be deemed necessary by the Secretary to achieve the following objectives: "(1) to disseminate information and provide technical assist- ance on a national basis to parents, professionals, and other interested parties concerning— "(A) programs relating to the education of the handi- capped under this Act and under other Federal laws; and (B) participation in such programs, including referral of individuals to appropriate national, State, and local agen- cies and organizations for further assistance; "(2) to encourage students and professional personnel to seek and obtain careers and employment in the various fields relat- ing to the education of handicapped children and youth; and '(3) to provide information on available services and pro- grams in postsecondary education for the handicapped. "(b) In aiddition to the clearinghouse established under subsection (a), the Secretary shall make a grant or enter into a contract for a national clearinghouse on postsecondary education for handicapped individuals for the purpose of providing information on available services and programs in postsecondary education for the handi- capped. "(c)(1) In awarding the grants and contracts under this section, the Secretary shall give particular attention to any demonstrated expe- rience at the national level relevant to performance of the functions established in this section, and ability to conduct such projects, communicate with the intended consumers of information, and

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 97 STAT. 1372 PUBLIC LAW 98-199—DEC. 2, 1983 maintain the necessary communication with other agencies and organizations. "(2) The Secretary is authorized to make contracts with profit- making organizations under this section only when necessary for materials or media access. "REPORTS TO THE SECRETARY 20 USC 1434. "SEC. 634. (a) Not more than sixty days after the end of any fiscal year, each recipient of a grant or contract under this part during such fiscal year shall prepare and submit a report to the Secretary. Each such report shall be in such form and detail as the Secretary determines to be appropriate, and shall include— "(1) the number of individuals trained under the grant or contract, by category of training and level of training; and "(2) the number of individuals trained under the grant or contract receiving degrees and certification, by category and level of training. "(b) A summary of the data required by this section shall be included in the annual report of the Secretary under section 618 of Ante, p. 1360. this Act. "AUTHORIZATION OF APPROPRIATIONS 20 USC 1435. "SEC. 635. (a) There are authorized to be appropriated to carry out Ante, p. 1371. the provisions of this part (other than section 633) $58,000,000 for fiscal year 1984, $61,150,000 for fiscal year 1985, and $64,370,000 for fiscal year 1986. There are authorized to be appropriated to carry out the provisions of section 633, $1,000,000 for fiscal year 1984, $1,050,000 for fiscal year 1985, and $1,110,000 for fiscal year 1986. "(b) Of the funds appropriated pursuant to subsection (a) for any fiscal year, the Secretary shall reserve 10 per centum for activities Ante, p. 1369. under section 631(c).". AMENDMENTS RELATED TO RESEARCH IN THE EDUCATION OF THE HANDICAPPED SEC. 12. Part E of the Act is amended to read as follows: "PART E—RESEARCH IN THE EDUCATION OF THE HANDICAPPED Grants, contracts, or cooperative agreements. 20 USC 1441. RESEARCH AND DEMONSTRATION PROJECTS IN EDUCATION OF HANDICAPPED CHILDREN "SEC. 641. (a) The Secretary is authorized to make grants to, or enter into contracts or cooperative agreements with. State and local educational agencies, institutions of higher education, and other public agencies and nonprofit private organizations for research and related activities, to assist special education personnel, related serv- ices personnel, and other appropriate persons, including parents, in improving the education and related services for handicapped chil- dren and youth and to conduct research, surveys, or demonstrations relating to the education of handicapped children and youth. Research and related activities shall be designed to increase knowl- edge and understanding of handicapping conditions and teaching, learning, and education-related practices and services for handi- capped children and youth. Research and related activities assisted under this section shall include, but not be limited to, the following:

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 PUBLIC LAW 98-199—DEC. 2, 1983 97 STAT. 1373 "(1) The development of new and improved techniques and devices for teaching handicapped children and youth. "(2) The development of curricula which meet the unique educational needs of handicapped children and youth. "(3) The application of new technologies and knowledge for the purpose of improving the instruction of handicapped chil- dren and youth. "(4) The development of program models and exemplary prac- tices in areas of special education. "(5) The dissemination of information on research and related activities conducted under this part to interested individuals and organizations. "(b) In carrying out this section the Secretary shall consider the special education experience of the applicant and the ability of the applicant to disseminate the findings of any grant or contract. "(c) The Secretary shall publish proposed research priorities in the Federal Register every two years, not later than July 1, and shall allow a period of sixty days for public comments and sugges- tions. After analyzing and considering the public comments, the Secretary shall publish final research priorities in the Federal Register not later than thirty days after the close of the comment period. "(d) The Secretary shall provide an index (including the title of each research project and the name and address of the researching organization) of all research projects conducted in the prior fiscal year in the annual report described under section 618. The Secre- tary shall make reporte of research projects available to the educa- tion community at large and to other interested parties. "(e) The Secretary shall coordinate the research priorities estab- lished under this section with research priorities established by the National Institute of Handicapped Research and shall provide infor- mation concerning research priorities established under this section to the National Council on the Handicapped and to the National Advisory Committee on the Education of Handicapped Children. Publications in Federal Register. Public comments and suggestions. Index. Ante, p. 1360. Public availability. RESEARCH AND DEMONSTRATION PROJECTS IN PHYSICAL EDUCATION AND RECREATION FOR HANDICAPPED CHILDREN "SEC. 642. The Secretary is authorized to make grants to States, State or local educational agencies, institutions of higher education, and other public or nonprofit private educational or research agencies and organizations, and to make contracts with States, State or local educational agencies, institutions of higher education, and other public or private educational or research agencies and organi- zations, for research and related purposes relating to physical educa- tion or recreation for handicapped children, and to conduct research, surveys, or demonstrations relating to physical education or recreation for handicapped children. Grants and contracts. 20 USC 1442. PANELS OF EXPERTS "SEC. 643. The Secretary shall from time to time appoint panels of 20 USC 1443 experts who are competent to evaluate various types of proposals for projects under parts C, D, E, and F, and shall secure the advice and recommendations of one such panel before making any grant or contract under parts C, D, E, and F of this Act. The panels shall be composed of— Ante, pp. 1363-1372; 20 USC 1451.

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 head. When the Lincolnshire rebellion broke out, in the autumn of 1536, Wolman was appointed to act upon the queen's council (Jane Seymour) during the contemplated absence of the king. As a ‘fat priest,’ Henry suggested that he should be ‘tasted’ by Cromwell, i.e. that a levy in the nature of a benevolence should be made upon him for the expenses of suppressing the insurrection. That he was a man of means appears from the fact that in 1532 he had given 11l. 5s. as a new year's gift to the king (, Eccl. Mem. . i. 211). Henry's hint was probably taken; for Wolman appears as a creditor of the king, who is contented ‘to forbear unto a longer day,’ and who, the manuscript note—‘ex dono’—shows, altogether surrendered his claim for the 200l. borrowed (MS. Record Office). As archdeacon of Sudbury he signed, in 1537, the address of convocation to the king desiring his sanction to the ‘Institution of a Christian Man.’

Wolman died in the summer of 1537, and was buried in the cloisters of Westminster Abbey (, Fasti, i. 153). He left a sum of money for the construction of a market cross and shelter at Wells, which was not erected till 1542 (, Hist. of Wells, p. lix). His will was executed at Clavering, Essex, to which place he bequeathed money. His connection with it probably was due to its being a royal manor, where he frequently resided in attendance upon the court. He also left 43l. 6s. 8d. to found an exhibition at Cambridge.

[Brewer and Gairdner's Cal. Letters and Papers, For. and Dom., Hen. VIII, vols. i–xiii.; MS. Record Office; Le Neve's Fasti Eccl. Angl. 3 vols. 1854; Strype's Ecclesiastical Memorials (Oxford, 1822); Strype's Memorials of Cranmer (Oxford, 1840); Blomefield's Hist. of Norfolk, vol. viii.; Masters's Hist. of Corpus Christi College, Cambridge, ed. Lamb (Cambridge, 1831); Reynolds's Hist. of Wells Cathedral, 1881; Newcourt's Repertorium, 1710; Wood's Fasti Oxonienses (in Athenæ Oxon.), 1815; Cooper's Athenæ Cantabr. 1858, i. 63, 531; Rymer's Fœdera, vol. xiv.; Fiddes's Life of Wolsey, 1726; Lord Herbert of Cherbury's Hist. of Henry VIII, ed. Kennet, 1719; Leadam's Select Cases in the Court of Requests (Selden Soc. 1898); Coote's Civilians, 1804; Challoner Smith's Index of Wills, 1893–5.]

WOLRICH, WOOLRICH, or WOOLDRIDGE, HUMPHREY (1633?–1707), quaker, of Newcastle-under-Lyme, Staffordshire, was probably born there about 1633. A baptist in early life, he joined the quakers soon after their rise, was imprisoned in London for preaching in 1658, and next year wrote ‘A Declaration to the Baptists’ … London, 1659, 4to. This is an account of a ‘dispute’ held at Withcock, Leicestershire, on 27 Feb. 1658–9, at which Isabel, wife of Colonel Francis Hacker [q. v.], was present. About the same time Wolrich, although a quaker, actually baptised a convert. In this it appears he was upheld by some in the society, while severely judged by others. In his defence Wolrich wrote ‘The Unlimited God …’ London, 1659, 4to (Meeting for Sufferings Library). Wolrich was in prison in 1660, and wrote, with John Pennyman [q. v.] and Thomas Coveney, ‘Some Grounds and Reasons to manifest the Unlawfulness of Magistrates and others who commit Men to Prison, or fine them for not putting off the hat,’ London, 1660, 4to; also a broadside dated Newgate, 14 Jan. 1660–1, ‘Oh! London, with thy Magistrates,’ with other broadsides against ‘Papist Livery,’ ‘Advice to the Army of the Commonwealth and to Presbyterian Ministers.’ Sir Richard Brown, lord mayor of London in 1661, who was particularly severe against the quakers, committed Wolrich to prison for keeping his hat on before him. During his confinement he wrote ‘From the Shepherd of Israel to the Bishops in England,’ London [1661–2], 4to, and at the same time ‘To the King and both Houses of Parliament … a timely warning that they do not make laws against the righteous and innocent people … called quakers,’ n.d. In 1661 he was taken out of a meeting in Staffordshire, and, for refusing the oath of allegiance, carried to prison, where he probably wrote the ‘Address to Magistrates, Priests, and People of Staffordshire,’ n.d. 4to. On 2 Dec. 1662 he arrived in Chester at the end of the assize. On the following Sunday he entered the cathedral during the anthem, and when the singing ceased attempted to speak, but was hastily removed and confined in the castle. In February 1682 he was fined 20l. and sent to prison for offering prayer at the burial of a quaker woman in her husband's garden at Keel, Staffordshire, the priest having threatened to arrest the corpse if Wolrich did not pay the fees.

Wolrich died, after a painful illness of two years from cancer in the mouth, at the Friends' Almshouses in Clerkenwell on 31 Aug. 1707, and was buried on 2 Sept.

Other works by him are: 1. ‘One Warning more to the Baptists, in answer to Matthew Caffin's “Faith in God's Promises the Saints best Weapon,”’ London, 1661, 4to. 2. ‘A Visitation to the Captive Seed,’ London, 1661, 4to. 3. ‘The Rock of Ages Known and Foundation of many Generations Discovered,’ London, 1661, 4to.


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 97 STAT. 1374 PUBLIC LAW 98-199—DEC. 2, 1983 "(1) individuals from the field of special education for the handicapped and other relevant disciplines who have significant expertise and experience in the content areas and age levels addressed in the proposals; and "(2) handicapped individuals and parents of handicapped indi- viduals when appropriate. "AUTHORIZATION OF APPROPRIATIONS 20 USC 1444. "SEC. 644. For purposes of carrying out this part, there are authorized to be appropriated $20,000,000 for fiscal year 1984, $21,100,000 for fiscal year 1985, and $22,200,000 for fiscal year 1986.". AUTHORIZATION OF APPROPRIATIONS FOR INSTRUCTIONAL MEDIA 20 USC 1454. SEC. 13. Section 654 of the Act is amended to read as follows: "AUTHORIZATION OF APPROPRIATIONS "SEC. 654. For the purposes of carrying out this part, there are authorized to be appropriated $19,000,000 for fiscal year 1984, $20,000,000 for fiscal year 1985, and $21,100,000 for fiscal year 1986.". REPEALERS 20 USC 1461. SEC. 14. Part G of the Act is repealed. TECHNICAL AND CONFORMING AMENDMENTS 20 USC 1411. SEC. 15. Section 611(e) and section 611(a)(2) of the Act are amended by inserting "the Northern Mariana Islands," after "the Virgin Islands,". AMENDMENTS TO THE OMNIBUS BUDGET RECONCIUATION ACT OF 1981 SEC. 16. (a) Section 602(a)(l) of the Omnibus Budget Reconciliation 20 USC 1411 Act of 1981 is amended by striking out "each of the fiscal years 1983 "°*®- and 1984" and inserting in lieu thereof "the fiscal year 1983, and $1,071,850,000 for the fiscal year 1984". 20 USC 101 note. (b) Section 605 of such Act is amended by striking out ", 1983, and 1984" and inserting in lieu thereof "and 1983, and $5,500,000 for fiscal year 1984". 95 Stat. 485. (c) Section 605(b) of such Act is amended by striking out ", 1983, and 1984" and inserting in lieu thereof "and 1983, and $56,000,000 for the fiscal year 1984". 20 USC 681 note. (d) Section 605(c) of such Act is amended by striking out ", 1983, and 1984" and inserting in lieu thereof "and 1983, and $28,000,000 for the fiscal year 1984". SPECIAL STUDY ON TERMINOLOGY SEC. 17. (a)(1) The Secretary of Education shall either directly or by grant or contract, conduct a review and evaluation of the term "behaviorally disordered" as the use of such term relates to handi- capped children, as defined in section 602(a)(l) of the Education of Ante, p. 1357. the Handicapped Act.

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 PUBLIC LAW 98-199—DEC. 2, 1983 97 STAT. 1375 (2) The review and evaluation under this section shall involve the active participation of the parents of handicapped children. (b)(l) Not later than six months after the date of the enactment of this Act, the Secretary shall submit to the Congress, for referral to the Committee on Education and Labor of the House of Repre- sentatives and the Committee on Labor and Human Resources of the Senate, a report of the review and evaluation required by this section, together with a detailed proposal for any legislation necessary to implement the recommendations of such review and evaluation. (2) The report required under paragraph (1) shall include— (A) the number of seriously emotionally disturbed children currently being served under the Education of the Handicapped Act, and the anticipated number of children and youth (by type of condition) in special and regular education who would be served under the Education of the Handicapped Act if the definition is changed; (B) how the population of children currently served under such Act as "seriously emotionally disturbed" may be changed (particularly in terms of the severity of disability) if the term "behaviorally disordered" is substituted for the term "seriously emotionally disturbed"; (C) how a change in terminology will impact on the identifica- tion, assessment, types of special education and related services provided, and the availability of such services, if the change in terminology is made; (D) how the settings in which special education and related services are provided may change if the change in terminology is made; (E) how the change in terminology may affect the attitudes of, and the relationships among, parents, professionals, and chil- dren and youth; (F) how the change in terminology will impact upon the training of professional personnel providing services under such Act; and (G) a number of examples of seriously emotionally disturbed children who are currently effectively and ineffectively served. (c) The Secretary is authorized to usc funds appropriated for purposes of part E of the Education of the Handicapped Act to carry out the purposes of this section. SEC. 18. (a) Except as provided in subsection (b), the provisions of this Act shall take effect on the date of enactment of this Act. (b)(l) To the extent that the amendments made by this Act to parts C, D, E, and G of the Education of the Handicapped Act prohibit or limit the use of funds, such amendments shall apply only to funds obligated after the date of enactment of this Act. Report to Congress. Contents. 20 USC 1400. Ante, p. 1372. Effective date. 20 USC 1401 note. Ante, pp. 1363-1374.

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 97 STAT. 1376 PUBLIC LAW 98-199—DEC. 2, 1983 (2) As determined necessary by the Secretary of Education for purposes of providing services under the Education of the Handi- 20 USC 1400. capped Act pending the issuance of regulations implementing the amendments made by this Act, the Secretary shall provide financial Ante, pp. assistance under parts C, D, E, and G of the Act as in effect on the 1363-1374. ^^y before the date of enactment of this Act until issuance of such regulations or March 1, 1984, whichever is earlier. AUTHORIZATION OF APPROPRIATIONS FOR STATE GRANTS UNDER THE REHABILITATION ACT OF 1973 SEC. 19. (a) For the purpose of making State grants under part B of 29 USC 730. section 100(b)(1) of the Rehabilitation Act of 1973 (hereinafter in this 29 USC 720. section referred to as "the Act") $1,037,800,000 are authorized to be appropriated for fiscal year 1984, and the amount determined under section 100(c) of the Act for each of the fiscal years 1985 and 1986. (b)(1) There are also authorized to be appropriated for the purpose of section 100(b)(1) of the Act such additional sums as may be necessary for each of the fiscal years 1984, 1985, and 1986. Any amount appropriated pursuant to this subparagraph shall be allo- cated in accordance with paragraph (2). (2) For any fiscal year for which an amount is appropriated pursuant to paragraph (1), each State shall receive an additional allocation which bears the same ratio to the additional amount 29 USC 730. appropriated as that State's allotment under section 110 of the Act bears to the total amount allotted pursuant to such section. AUTHORIZATIONS OF APPROPRIATIONS FOR DISCRETIONARY PROGRAMS UNDER THE REHABIUTATION ACT OF 1973 SEC. 20. (a) For the purpose of allotments under section 112 of the 29 USC 732. Rehabilitation Act of 1973 (hereinafter in this section referred to as "the Act") there are authorized to be appropriated $3,500,000 for fiscal year 1984. (b) For the purpose of making grants to Indian tribes under part D 29 USC 750. of title I of the Act, there are authorized to be appropriated for fiscal year 1984 such sums as may be necessary, not to exceed 1 percent of 29 USC 720. the amount appropriated pursuant to section 100(b)(1) of the Act. 29 USC 761. (c) For the purposes of section 201(a)(2) of the Act there are authorized to be appropriated $36,000,000 for fiscal year 1984. 29 USC 774. (d) For the purposes of section 304 of the Act there are authorized to be appropriated $22,000,000 for fiscal year 1984. 29 USC 777. (e) For the purposes of section 310(a) of the Act there are author- ized to be appropriated $12,900,000 for fiscal year 1984. 29 USC 777c. (f) For the purpose of section 313(e) of the Act there are authorized to be appropriated $3,700,000 for fiscal year 1984. 29 USC 777f. (g) For the purposes of section 316 of the Act there are authorized to be appropriated $2,000,000 for fiscal year 1984.

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 PUBLIC LAW 98-199—DEC. 2, 1983 97 STAT. 1377 (h) For the purposes of section 502 of the Act there are authorized 29 USC 792. to be appropriated $3,000,000 for fiscal year 1984. (i) For the purposes of section 621 of the Act there are authorized 29 USC 795g. to be appropriated $13,000,000 for fiscal year 1984. 0) For the purposes of section 731 (the second place it appears) in the Act, $21,000,000 is authorized to be appropriated for fiscal year 29 USC 796i. 1984. Approved December 2, 1983. LEGISLATIVE HISTORY—S. 1341 (H.R. 3435): HOUSE REPORT No. 98 -410 accompanying H.R. 3435 (Comm. on Education and Labor). SENATE REPORT No. 98 -191 (Comm. on Labor and Human Resources). CONGRESSIONAL RECORD, Vol. 129 (1983): June 27, considered and passed Senate. Nov. 17, H.R. 3435 considered and passed House; S. 1341, amended, passed in lieu. Nov. 18, Senate concurred in House amendment. 11-194 0-85 — 45:QL3

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 97 STAT. 1378 PUBLIC LAW 98-200—DEC. 2, 1983 Public Law 98-200 98th Congress An Act Dec. 2, 1983 T^ extend the Wetlands Loan Act. [H.R. 2395] Be it enacted by the Senate and House of Representatives of the Wetlands Loan United States of America in Congress assembled. That the first A'^USCTillS section of the Act entitled "An Act to promote the conservation of migratory waterfowl by the acquisition of wetlands and other essen- tial waterfowl habitat, and for other purposes", approved October 4, 1961, is amended by striking out "September 30, 1983," and insert- ing in lieu thereof "September 30, 1984,". 16 USC 7i5k-5. SEC. 2. Section 3 of such Act of October 4, 1961, is amended by striking out "October 1, 1983," each place it appears therein and inserting in lieu thereof "October 1, 1984,". Approved December 2, 1983. LEGISLATIVE HISTORY—H.R. 2395 (S. 1284): HOUSE REPORT No. 98 -132 (Comm. on Merchant Marine and Fisheries). SENATE REPORT No. 98 -90 accompanying S. 1284 (Comm. on Environment and Public Works). CONGRESSIONAL RECORD, Vol. 129 (1983): Oct. 31, considered and passed House. Nov. 17, considered and passed Senate, amended, in lieu of S. 1284; House concurred in Senate amendment.

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 PUBLIC LAW 98-201—DEC. 2, 1983 97 STAT. 1379 Public Law 98-201 98th Congress An Act To amend the provisions of the Federal Insecticide, Fungicide, and Rodenticide Act relating to the scientific advisory panel and to extend the authorization for appropriations for such Act. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SCIENTIPIC ADVISORY PANEL Dec. 2, 1983 [H.R. 2785] Federal Insecticide, Fungicide, and Rodenticide Act, amendment. 7 USC 136w. Publication in Federal Register. SECTION 1. Section 25(d) of the Federal Insecticide, Fungicide, and Rodenticide Act is amended by— (1) amending the fourth sentence to read as follows: "The comments, evaluations, and recommendations of the advisory panel submitted under this subsection and the response of the Administrator shall be published in the Federal Register in the same manner as provided for publication of the comments of the Secretary of Agriculture under such sections."; (2) striking out the eighth sentence and inserting in lieu Membership thereof the following: "The panel referred to in this subsection shall consist of 7 members appointed by the Administrator from a list of 12 nominees, 6 nominated by the National Institutes of Health and 6 by the National Science Foundation, utilizing a system of staggered terms of appointment. Members of the panel shall be selected on the basis of their professional qual- ifications to assess the effects of the impact of pesticides on health and the environment. To the extent feasible to insure multidisciplinary representation, the panel membership shall include representation from the disciplines of toxicology, pathol- ogy, environmental biology, and related sciences. If a vacancy occurs on the panel due to expiration of a term, resignation, or any other reason, each replacement shall be selected by the Administrator from a group of 4 nominees, 2 submitted by each of the nominating entities named in this subsection. The Ad- ministrator may extend the term of a panel member until the new member is appointed to fill the vacancy. If a vacancy occurs due to resignation, or reason other than expiration of a term, the Administrator shall appoint a member to serve during the unexpired term utilizing the nomination process set forth in this subsection. Should the list of nominees provided under this subsection be unsatisfactory, the Administrator may request an additional set of nominees from the nominating entities."; and (3) striking out in the third from the last sentence "September 30, 1981" and inserting in lieu thereof "September 30, 1987".

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 97 STAT. 1380 PUBLIC LAW 98-201—DEC. 2, 1983 EXTENSION OF THE AUTHORIZATION FOR APPROPRIATIONS SEC. 2. Section 81 of the Federal Insecticide, Fungicide, and Roden- ticide Act (7 U.S.C. 136y) is amended by adding at the end thereof a new sentence as follows: "There are hereby authorized to be appro- priated to carry out the provisions of this Act for the period begin- ning October 1, 1983, and ending September 30, 1984, such sums as may be necessary, but not in excess of $64,200,000.". Approved December 2, 1988. LEGISLATIVE HISTORY—H.R. 2785: HOUSE REPORT No. 98-104 (Comm. on Agriculture). CONGRESSIONAL RECORD, Vol. 129 (1983): May 17, considered and passed House. Nov. 18, considered and passed Senate.

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 PUBLIC LAW 98-202—DEC. 2, 1983 97 STAT. 1381 Public Law 98-202 98th Congress An Act To amend the Arms Control and Disarmament Act in order to extend the authorization for appropriations. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 4d{a) of the Arms Control and Disarmament Act (22 U.S.C 2589(a)) is amended to read as follows: "SEC. 49. (a) To carry out the purposes of this Act, there are authorized to be appropriated— "(1) for the fiscal year 1984, $20,888,000; "(2) for the fiscal year 1985, $21,932,000; and "(3) such additional amounts as may be necessary, for each such fiscal year, for increases in salary, pay, retirement, other employee benefits authorized by law, and other nondiscretion- ary costs, and to offset adverse fluctuations in foreign currency exchange rates. Of the sums authorized to be appropriated for the fiscal years 1984 and 1985, not less than $200,000 shall be available in each such fiscal year only for the program for visiting scholars in the field of arms control and disarmament established under section 28 of this Act. Amounts appropriated under this subsection are authorized to remain available until expended.". SEC. 2. Section 22 of the Arms Control and Disarmament Act (22 U.S.C. 2562) is amended by striking out "He" in the third sentence and inserting in lieu thereof the following: "The Director shall attend all meetings of the National Security Council involving weapons procurement, arms sales, consideration of the defense budget, and all arms control and disarmament matters. The Director". SEC. 3. Title II of the Arms Control and Disarmament Act (22 U.S.C. 2561 et seq.) is amended by adding at the end thereof the following new section: Dec. 2, 1983 [H.R. 2906] Arms Control and Disarma- ment Act, amendment. Appropriations authorization. Infra. PROGRAM FOR VISITING SCHOLARS "SEC, 28. A program for visiting scholars in the field of arms control and disarmament shall be established by the Director in order to obtain the services of scholars from the faculties of recog- nized institutions of higher learning. The purpose of the program will be to give specialists in the physical sciences and other disci- plines relevant to the Agency's activities an opportunity for active participation in the arms control and disarmament activities of the Agency and to gain for the Agency the perspective and expertise such persons can offer. Each fellow in the program shall be appointed for a term of one year, except that such term may be extended for a 1-year period. Fellows shall be chosen by a board consisting of the Director, who shall be the chairperson, and all former Directors of the Agency.". 22 USC 2568.

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 170 Natural or Normal; that in short which, as Mr. Jevons phrases it, "defeats reasonable expectation." Or perhaps another and a better way of putting it, seeing that it calls attention to the feeling behind the logic, is to say that it is the Awful, and that everything wherein or whereby it manifests itself is, so to speak, a Power of Awfulness, or, more shortly, a Power (though this, like any other of our verbal equivalents, cannot but fail to preserve the vagueness of the original notion ). Of all English words Awe is, I think, the one that expresses the fundamental Religious Feeling most nearly. Awe is not the same thing as "pure funk." "Primus in orbe deos fecit timor" is only true if we admit Wonder, Admiration, Interest, Respect, even Love perhaps, to be, no less than Fear, essential constituents of this elemental mood.

Now ghosts and spirits are undoubtedly Powers, but it does not follow that all Powers are ghosts and spirits, even if they tend to become so. In what follows I propose that we examine a few typical cases of Powers, which, beneath the animistic colour that in the course of time has more or less completely overlaid them, show traces of having once of their own right possessed pre-animistic validity as objects and occasions of man's religious feeling.

Let us start with some cases that, pertaining as they do to the "Unknown Without" as it appears in most direct contradistinction to the "Unknown Within," are thus farthest removed from the proper domain and parent-soil of Animism, and may therefore be supposed to have suffered its influences least. What we call "Physical Nature" may very well be "nature" also to the savage in most of its normal aspects; yet its more startling manifestations, thunderstorms, eclipses, eruptions, and the like, are eminently calculated to awake '


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 97 STAT. 1382 PUBLIC LAW 98-202—DEC. 2, 1983 SEC. 4. The Arms Control and Disarmgiment Act is amended by adding at the end thereof the following new section: "SPECIAUSTS FLUENT IN RUSSIAN LANGUAGE 22 USC 2591. "SEC. 51. The Director is authorized to create up to eight additional permanent personnel positions at both junior and more senior levels for specialists in Soviet foreign and military policies, arms control, or strategic affairs, who also demonstrate fluency in the Russian language.". REPORT TO CONGRESS ON SOVIET COMPUANCE WITH ARMS CONTROL AGREEMENTS Transmittal to SEC. 5. The President shall prepare and transmit to the Congress a Congress. report on the record of the compliance or noncompliance of the Soviet Union with existing arms control agreements to which the Soviet Union is a party. SPECIAL REPRESENTATIVES FOR ARMS CONTROL AND DISARMAMENT NEGOTIATIONS SEC. 6. (a) Section 27 of the Arms Control and Disarmament Act (22 U.S.C. 2567) is amended by striking out "a Special Representa- tive" and inserting in lieu thereof "two Special Representatives". (b) Section 5315 of title 5, United States Code, is amended— (1) by striking out "Special Representative for Arms Control and Disarmament Negotiations, United States Arms Control and Disarmament Agency."; and (2) by adding at the end thereof the following: "Special Representatives for Arms Control and Disarmament Negotiations, United States Arms Control and Disarmament Agency (2).". Approved December 2, 1983. LEGISLATIVE HISTORY—H.R. 2906 (S. 608): HOUSE REPORTS: No. 98 -180 (Comm. on Foreign Affairs) and No. 98 -564 (Comm. of Conference). SENATE REPORT No. 98 -144 accompanying S. 608 (Comm. on Foreign Relations). CONGRESSIONAL RECORD, Vol. 129 (1983): May 23, considered and passed House. Nov. 10, considered and passed Senate, amended, in lieu of S. 608. Nov. 17, House agreed to conference report. Nov. 18, Senate agreed to conference report.

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 PUBLIC LAW 98-203—DEC. 2, 1983 97 STAT. 1383 Public Law 98-203 98th Congress An Act To declare that the United States holds certain lands in trust for the Las Vegas Dec. 2, 1983 Paiute Tribe. [H.R. 3765] Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That (a) subject to Paiute Tribe of the provisions of subsection (b), all right, title, and interest of the ^^ Vegas, Nev. United States in the following lands (including all improvements Lands m trust. thereon and appurtenances thereto) located in Las Vegas, Clark County, Nevada, are hereby declared to be held by the United States in trust for the benefit and use of the Las Vegas Paiute Tribe and are hereby declared to be part of the Leis Vegas Paiute Reservation: Township 18 south, range 59 east. Mount Diablo base line and meridian, section 36, 640 acres more or less, excepting there- from that certain strip of land 400 feet in width bearing north- westerly through said section for the purposes of right-of-way for United States Highway numbered 95. Reservations, restric- tions, and conditions, if any; rights-of-way and assessors either of record or actually existing on said premises. Township 18 south, range 59 east. Mount Diablo base line and meridian, section 35, 640 acres more or less, excepting there- from that certain strip of land 400 feet in width bearing north- westerly through said section for the purposes of right-of-way for United States Highway numbered 95. Reservations, restric- tions, and conditions, if any; rights-of-way and assessors either of record or actually existing on said premises. Township 18 south, range 59 east, Mount Diablo base line and meridian, section 26, 640 acres more or less, excepting there- from that certain strip of land 400 feet in width bearing north- westerly through said section for the purposes of right-of-way for United States Highway numbered 95. Reservations, restric- tions, and conditions, if any; rights-of-way and assessors either of record or actually existing on said premises. Township 18 south, range 59 east. Mount Diablo base line and meridian, section 27, 640 acres more or less, excepting there- from that certain strip of land 400 feet in width bearing north- westerly through said section for the purposes of right-of-way for United States Highway numbered 95. Reservations, restric- tions, and conditions, if any; rights-of-way and assessors either of record or actually existing on said premises. Township 18 south, range 59 east. Mount Diablo base line and meridian, section 25, 640 acres more or less, reservations, re- strictions, and conditions, if any; rights-of-way and assessors either of record or actually existing on said premises. Township 18 south, range 59 east. Mount Diablo base line and meridian, section 34, 640 acres more or less, reservations, re- strictions, and conditions, if any; rights-of-way and assessors either of record or actually existing on said premises.

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 97 STAT. 1384 PUBLIC LAW 98-203—DEC. 2, 1983 Township 20 south, range 61 east, Mount Diablo base line and meridian, 10 acres of land within section 27 as acquired by the United States for the use of Paiute Indians by deed dated December 30, 1911, said deed being of record in book 2, page 246 in Clark County, Nevada. Right or interest. (b) Nothing in this section shall deprive any person of any right-of- way, mining claim, grazing permit, water right, or other right or interest which such person may have in land described in subsection (a) on the date preceding the date of enactment of this Act. (c) Section 1 of the Act of August 9, 1955 (69 Stat. 539), as amended (25 U.S.C. 415), is further amended by inserting ", and lands held in trust for the Las Vegas Paiute Tribe of Indians," immediately after "Chelan County, Washington,". (d) Section 164 of the Act of July 14, 1955 (69 Stat. 322, 42 U.S.C. 7474), as amended, shall be applied without regard to the provisions of subsection (a). Approved December 2, 1983. LEGISLATIVE HISTORY—H.R. 3765: HOUSE REPORT No. 98-530 (Comm. on Interior and Insular Affairs). CONGRESSIONAL RECORD, Vol. 129 (1983): Nov. 18, considered and passed House and Senate.

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 PUBLIC LAW 98-204—DEC. 2, 1983 97 STAT. 1385 Public Law 98-204 98th Congress An Act To suspend the noncash benefit requirement for the Puerto Rico nutrition assistance program, to provide States with greater flexibility in the administration of the food stamp program, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That effective for the period beginning January 1, 1984, and ending September 30, 1985, section 19(a)(l)(A) of the Food Stamp Act of 1977 (7 U.S.C. 2028(a)(l)(A)) is amended by striking out "noncash". SEC. 2. The Secretary of Agriculture shall conduct a study of the food assistance program in Puerto Rico carried out under section 19 of the Food Stamp Act of 1977 (7 U.S.C. 2028) which shall include (1) an assessment of its impact on the adequacy of the nutritional level of the diets of households receiving food assistance in the form of cash rather than in a noncash form, (2) an assessment of the expenditure levels for food of such households, and (3) any other factors the Secretary considers appropriate. The Secretary shall submit a final report of the findings of the study to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate no later than March 1 1985. SEC. 3.' Section 3(c) of the Food Stamp Act of 1977 (7 U.S.C. 2012(c)) is amended by— (1) by striking out "the limit of twelve months may be waived by the Secretary to improve the administration of the program" in the second sentence and inserting in lieu thereof "the forego- ing limits on the certification pericNd may, with the approval of the Secretary, be waived by a State ^ency for certain catego- ries of households where such waiver will improve the adminis- tration of the program"; and (2) adding at the end of clause (2) the following new sentence: "The maximum limit of twelve months for such period under the foregoing proviso may be waived by the Secretary where such waiver will improve the administration of the program.". SEC. 4. Section 5(f)(2) of the Food Stamp Act of 1977 (7 U.S.C. 2014(f)(2)) is amended by redesignating subparagraph (B) as subpara- graph (C), and inserting after subparagraph (A) the following new subparagraph: "(B) Household income for households that (i) are permitted to report household circumstances at specified intervals less frequent than monthly under section 6(c)(l) of this Act, (ii) have no earned income and in which all adult members are elderly or disabled members, or (iii) are any other households, other than a migrant household, not required to report monthly or at less frequent inter- vals under section 6(c)(l) of this Act, may, with the approval of the Secretary, be calculated by a State agency on a prospective basis, as provided in paragraph (3)(A) of this subsection.". SEC. 5. Section 6(c)(l) of the Food Stamp Act of 1977 (7 U.S.C. 2015(c)(l)) is amended by inserting after the first sentence the Dec. 2, 1983 [H.R. 4252] Puerto Rico, nutrition assistance program. Food stamp program. Study. 7 USC 2028 note. Report to congressional committees. Waiver. Household income. 7 USC 2015.

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 97 STAT. 1386 PUBLIC LAW 98-204—DEC. 2, 1983 following new sentence: "The Secretary may permit State agencies to accept, as satisfying the requirement that households report at such specified less frequent intervals, (i) recertifications conducted 7 USC 2020. in accordance with section ll(e)(4) of this Act, (ii) in-person inter- views conducted during a certification period, (iii) written reports filed by households, or (iv) such other documentation or actions as the Secretary may prescribe.". SEC. 6. Section 6(c)(3) of the Food Stamp Act of 1977 (7 U.S.C. 2015(c)(3)) is amended by striking out the third sentence and insert- ing in lieu thereof: "Reports required to be filed monthly under paragraph (1) shall be the sole reporting requirement for subject matter included in such reports.". SEC. 7. Section ll(e)(19) of the Food Stamp Act of 1977 (7 U.S.C. 2020(e)(19)) is amended to read as follows: "(19) that— "(A) in any case in which information is available from agencies administering State unemployment compensation laws under section 803(d) of the Social Security Act (42 U.S.C. 503(d)), the information shall be requested and uti- lized by the State agency to the extent permitted under such section; or "(B) in any case in which information is not available from agencies administering State unemployment compen- sation laws under section 303(d) of the Social Security Act— "(i) information available from the Social Security Administration under section 6103(1)(7) of the Internal 26 USC 6103. Revenue Code of 1954 shall be requested and utilized by the State agency to the extent permitted under such section; or "(ii) similar information available from other sources shall be requested and utilized by the State agency to the extent approved by the Secretary and permitted by any law controlling access to the information;". Approved December 2, 1983. LEGISLATIVE HISTORY—H.R. 4252: HOUSE REPORT No. 98-539 (Comm. on Agriculture). CONGRESSIONAL RECORD, Vol. 129 (1983): Nov. 15, considered and passed House. Nov. 17, considered and passed Senate, amended. Nov. 18, House concurred in certain Senate amendments and in another with amendments; Senate concurred in House amendments.

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 PUBLIC LAW 98-205—DEC. 2, 1983 97 STAT. 1387 Public Law 98-205 98th Congress An Act To designate the Federal building to be constructed in Savannah, Georgia, as the "Juliette Gordon Low Federal Building". Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Federal building to be constructed at Telfair Square, Savannah, Georgia, shall hereafter be named and designated as the "Juliette Gordon Low Federal Building". Any reference in a law, map, regulation, document, record, or other paper of the United States to such building shall be held to be a reference to the "Juliette Gordon Low Federal Building". SEC. 2. (a) The Administrator of General Services (hereinafter referred to as the "Administrator") may accept and usc contribu- tions from individuals and private organizations for the design and construction of a memorial, to be located in or around the building referred to in the first section of this Act, commemorating the life and accomplishments of Juliette Gordon Low. The Administrator, in consultation with the chairman of the National Endowment for the Arts and the national president of the Girl Scouts of America, shall determine the appropriate form and location of such memorial, taking into account the cost of maintaining such memorial. (b) The Administrator shall provide maintenance for such memorial. SEC. 3. Notwithstanding any other provision of law, the Secretary of Transportation, in cooperation with the Commonwealth of Vir- ginia and the District of Columbia, shall carry out a demonstration project on Interstate Highways 95 and 395 in Virginia and the District of Columbia for a period of not less than 12 months com- mencing within 30 days after the District of Columbia begins actual reconstruction of the Greorge Mason Bridge. The Commonwealth of Virginia and the District of Columbia shall restrict the use of the express lanes on such highway to buses, emergency vehicles, and other vehicles carrying four or more persons during the hours of 6 o'clock ante meridiem to 9 o'clock ante meridiem on Monday through Friday, exclusive of holidays, on northbound lanes and during the hours of 3:30 o'clock post meridiem to 6 o'clock post meridiem on Monday through Friday, exclusive of holidays, on southbound lanes during the demonstration period. The Secretary of Transportation, in consultation with the Commonwealth of Virginia and the District of Columbia, may adjust such hours and refine the demonstration to enhance safety, minimize congestion, and maximize the use of the facility. During the demonstration period, the Secretary of Trans- portation, in cooperation with the Commonwealth of Virginia and the District of Columbia shall carry out an environmental assess- ment of the effects of the high occupancy vehicle restrictions, and shall, upon completion of such assessment, report to the Congress the results of the assessment and the demonstration project. Dec. 2, 1983 [S. 505] Juliette Gordon Low Federal Building, designation. Highway projects, Va. and D.C. Memorial, construction. Maintenance. Interstate Highway demonstration and reconstruction project, Va. and D.C. Environmental assessment. Report to Congress.

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 97 STAT. 1388 PUBLIC LAW 98-205—DEC. 2, 1983 20 USC 76j. Memorials or plaques. Interstate Highway 66, Va. Demonstration project. SEC. 4. Section 4 of the John F. Kennedy Center Act is amended by inserting "(a)" after "SEC. 4." and by adding at the end thereof the following new subsection: "(b)(1) Except as provided in paragraph (2) of this subsection, the Board shall assure that after the date of enactment of this subsec- tion, no additional memorials or plaques in the nature of memorials shall be designated or installed in the public areas of the John F. Kennedy Center for the Performing Arts. "(2) Paragraph (1) of this subsection shall not apply to— "(A) any plaque acknowledging a gift from a foreign country; "(B) any plaque on a theater chair or a theater box acknowl- edging the gift of such chair or box; and "(C) any inscription on the marble walls in the north or south galleries, the Hall of States, or the Hall of Nations acknowledg- ing a major contribution; which plaque or inscription is permitted under policies of the Board in effect on the date of enactment of this subsection! "(3) For purposes of this subsection, testimonials and benefit performances shall not be construed to be memorials.". SEC. 5. Notwithstanding any other provisions of law and the Secretary of Transportation's decision on Interstate Highway 66, Fairfax and Arlington Counties, Virginia, dated January 5, 1977, the Secretary of Transportation, in cooperation with the Commonwealth of Virginia, shall carry out a demonstration project on Interstate Highway 66 in Fairfax and Arlington Counties, Virginia for a period not less than 12 months commencing within 60 days of the enact- ment of this section. The Commonwealth of Virginia shall restrict the use of such highway between 1-495 and the District of Columbia to high occupancy vehicles carrying three or more passengers during the hours of 7 o'clock ante meridiem to 9 o'clock ante meridiem on Monday through Friday, exclusive of holidays, on eastbound lanes and during the hours of 4 o'clock post meridiem to 6 o'clock post meridiem on Monday through Friday, exclusive of holidays, on westbound lanes during the demonstration period. High occupancy vehicle requirements shall not apply to vehicles entering 1-66 or the

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 PUBLIC LAW 98-205—DEC. 2, 1983 97 STAT. 1389 Theodore Roosevelt Bridge from Lynn Street or the George Wash- ington Parkway in Arlington County, Virginia. During the demon- Environmental stration period, the Secretary of Transportation, in cooperation with assessment, the Commonwealth of Virginia, shall carry out an environmental congress^ assessment of the effects of the high occupancy vehicle restrictions, and shall, upon completion of such assessment, report to the Con- gress the results of the assessment and the demonstration project. Approved December 2, 1983. LEGISLATIVE HISTORY—S. 505 (H.R. 1551): HOUSE REPORT No. 98-363 accompanying H.R. 1551 (Comm. on Public Works and Transportation). SENATE REPORT No. 98 -123 (Comm. on Environment and Public Works). CONGRESSIONAL RECORD, Vol. 129 (1983): Aug. 3, considered and passed Senate. Nov. 18, H.R. 1551 considered and passed House; S. 505, amended, passed in lieu; Senate concurred in House amendments.

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 97 STAT. 1390 PUBLIC LAW 98-206—DEC. 2, 1983 Public Law 98-206 98th Congress Joint Resolution Dec. 2, 1983 TQ proclaim March 20, 1984, as "National Agriculture Day". [H.J. Res. 311] Whereas agriculture is this Nation's most basic industry, and its associated production, processing, and marketing segments, to- gether provide more jobs than any other single industry; and Whereas the productivity of American agriculture is a vital ingredi- ent in our strength as a Nation, both domestically and on the world scene; and Whereas to maintain a healthy agriculture it is necessary that all Americans should understand how agriculture affects their lives and well-being, and should be aware of their personal stake in an abundant food and fiber supply: Now, therefore, be it Resolved by the Senate and House of Representatives of the United National States of America in Congress assembled, That March 20, 1984, is Agriculture Day. hereby proclaimed "National Agriculture Day", and the President is authorized and requested to issue a proclamation calling upon the people of the United States to observe this day with appropriate ceremonies and activities. Approved December 2, 1983. LEGISLATIVE HISTORY—H.J. Res. 311: CONGRESSIONAL RECORD, Vol. 129 (1983): Sept. 15, considered and passed House. Nov. 18, considered and passed Senate.

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 PUBLIC LAW 98-207—DEC. 5, 1983 97 STAT. 1391 Public Law 98-207 98th Congress An Act To extend the authorities under the Export Administration Act of 1979, and for other Dec. 5, 1983 purposes. [H.R. 4476] Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That section 20 of Export the Export Administration Act of 1979 (50 U.S.C. App. 2419) is ActTmf'"'' amended by striking out "October 14* 1983" and inserting in lieu authority thereof "February 29, 1984". extension. Ante, p. 744. Approved December 5, 1983. LEGISLATIVE HISTORY—H.R. 4476: CONGRESSIONAL RECORD, Vol. 129 (1983): Nov. 17, considered and passed House. Nov. 18, considered and passed Senate.

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 97 STAT. 1392 PUBLIC LAW 98-208—DEC. 5, 1983 Public Law 98-208 98th Congress Joint Resolution Dec. 5, 1983 TQ provide for appointment of Samuel Curtis Johnson as a citizen regent of the Board [H.J. Res. 381] of Regents of the Smithsonian Institution. Resolved by the Senate and House of Representatives of the United Smithsonian States of America in Congress assembled. That the vacancy in the Institution. Board of Regents of the Smithsonian Institution, of the class other than Members of Congress, caused by the resignation of John Paul Austin of Georgia on May 9, 1983, is filled by appointment of Samuel Curtis Johnson of Wisconsin for the statutory term of six years. Approved December 5, 1983. LEGISLATIVE HISTORY—H.J. Res. 381 (S.J. Res. 177): SENATE REPORT No. 98 -313 accompanying S.J. Res. 177 (Comm. on Rules and Administration). CONGRESSIONAL RECORD, Vol. 129 (1983): Nov. 17, considered and passed House. Nov. 18, considered and passed Senate.

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 PUBLIC LAW 98-209—DEC. 6, 1983 97 STAT. 1398 Public Law 98-209 98th Congress An Act To amend chapter 47 of title 10, United States Code (the Uniform Code of Military Dec. 6, 1983 Justice), to improve the quality and efficiency of the military justice system, to fs^9741 revise the laws concerning review of courts-martial, and for other purposes. Be it enacted by the Senate and the House of Representatives of the United States of America in Congress assembled. Military Justice ' Act of 1983. SHORT TITLE; REFERENCES TO THE UNIFORM CODE OF MILITARY JUSTICE SECTION 1. (a) This Act may be cited as the "Military Justice Act 10 USC 801 note. of 1983". (b) Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of chapter 47 of title 10, United States Code (the Uniform Code of Military Justice). 10 USC 801 et seq. INCLUSION OF LAW SPECIALISTS OF THE COAST GUARD WITHIN DEFINITION OF JUDGE ADVOCATE SEC. 2. (a) Clause 13 of section 801 (article 1(13)) is amended to 10 USC 801. read as follows: "(13) 'Judge advocate' means— "(A) an officer of the Judge Advocate General's Corps of the Army or the Navy; "(B) an officer of the Air Force or the Marine Corps who is designated as a judge advocate; or "(C) an officer of the Coast Guard who is designated as a law specialist.". (b) The first sentence of section 806(a) (article 6(a)) is amended by 10 USC 806. striking out "and Air Force and law specialists of the" and inserting in lieu thereof "Air Force, and". (c) Section 815(e) (article 15(e)) is amended by striking out "of the 10 USC 815. Army, Navy, Air Force, or Marine Corps, or a law specialist or lawyer of the Coast Guard or" and inserting in lieu thereof "or a lawyer of the". (d) Section 827 (article 27) is amended— 10 USC 827. (1) in subsection (b)(D, by striking out "of the Army, Navy, Air Force, or Marine Corps or a law specialist of the Coast Guard,"; and (2) in subsection (c)(3), by striking out ", or a law specialist,". (e) Section 842(a) (article 42(a)) is amended by striking out ", law 10 USC 842. specialist," both places it appears in the third sentence. (f) Section 936(a) (article 136(a)) is amended— 10 USC 936. (1) in clause (1), by striking out "of the Army, Navy, Air Force, and Marine Corps"; and (2) by striking out clause (2) and redesignating clauses (3) through (7) as clauses (2) through (6), respectively.

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 97 STAT. 1394 PUBLIC LAW 98-209—DEC. 6, 1983 MATTERS RELATING TO THE MILITARY JUDGE, COUNSEL, AND MEMBERS OF THE COURT-MARTIAL 10 USC 816. SEC. 3. (a) Section 816(1)(B) (article 16(1)(B)) is amended by insert- ing "orally on the record or" before "in writing". 10 USC 825. (b) Section 825 (article 25) is amended by adding at the end thereof the following new subsection: "(e) Before a court-martial is assembled for the trial of a case, the convening authority may excuse a member of the court from partici- pating in the case. Under such regulations as the Secretary con- cerned may prescribe, the convening authority may delegate his authority under this subsection to his staff judge advocate or legal officer or to any other principal assistant.". 10 USC 826. (c)(l) Section 826 (article 26) is amended— (A) by striking out subsection (a) and inserting in lieu thereof the following: "(a) A military judge shall be detailed to each general court- martial. Subject to regulations of the Secretary concerned, a Regulations. military judge may be detailed to any special court-martial. The Secretary concerned shall prescribe regulations providing for the manner in which military judges are detailed for such courts- martial and for the persons who are authorized to detail military judges for such courts-martial. The military judge shall preside over each open session of the court-martial to which he has been de- tailed.'; and (B) in the first sentence of subsection (c), by striking out "by the convening authority, and, unless" and inserting in lieu thereof "in accordance with regulations prescribed under sub- section (a). Unless". (2) Section 827(a) (article 27(a)) is amended— (A) by striking out "For each" and all that follows through "appropriate." and inserting in lieu thereof the following: "(1) Trial counsel and defense counsel shall be detailed for each general and special court-martial. Assistant trial counsel and assistant and associate defense counsel may be detailed for each general and special court-martial. The Secretary concerned shall prescribe regulations providing for the manner in which counsel are detailed for such courts-martial and for the persons who are authorized to detail counsel for such courts-martial."; and (B) by designating the sentence beginning "No person who has acted as investigating officer" as paragraph (2) and by striking out "assistant defense counsel" in such sentence and inserting in lieu thereof "assistant or associate defense counsel'. 10 USC 829. (d) Section 829(a) (article 29(a)) is amended by striking out "except for" and all that follows through the period and inserting in lieu thereof the following: "unless excused as a result of a challenge, excused by the military judge for physical disability or other gcwod cause, or excused by order of the convening authority for good cause.". 10 USC 838. (e)(i) Section 838(b)(6) (article 38(b)(6)) is amended by striking out "a convening authority" and inserting in lieu thereof "the person authorized under regulations prescribed under section 827 of this title (article 27) to detail counsel". (2) Paragraph (7) of section 838(b) (article 38(b)(7)) is amended by inserting after the first sentence the following new sentence: "Such 10 USC 827. Regulations.

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 PUBLIC LAW 98-209—DEC. 6, 1983 97 STAT. 1395 regulations may not prescribe any limitation based on the reason- able availability of counsel solely on the grounds that the counsel selected by the accused is from an armed force other than the armed force of which the accused is a member.". (3) Section 838(c) (article 38(c)) is amended to read as follows: 10 USC 838. "(c) In any court-martial proceeding resulting in a conviction, the defense counsel— "(1) may forward for attachment to the record of proceedings a brief of such matters as he determines should be considered in behalf of the accused on review (including any objection to the contents of the record which he considers appropriate); "(2) may assist the accused in the submission of any matter under section 860 of this title (article 60); and Infra. "(3) may take other action authorized by this chapter.", (f) Section 842(a) (article 42(a)) is amended by striking out "assist- 10 USC 842. ant defense counsel" in the first and third sentences and inserting in lieu thereof "assistant or associate defense counsel". PRETRIAL ADVICE AND REFERRAL OF CHARGES SEC. 4. (a)(1) The first sentence of section 834(a) is amended by 10 USC 834. striking out "or legal officer". (2) The second sentence of such section is amended to read as follows: "The convening authority may not refer a specification under a charge to a general court-martial for trial unless he has been advised in writing by the staff judge advocate that— "(1) the specification alleges an offense under this chapter; "(2) the specification is warranted by the evidence indicated in the report of investigation under section 832 of this title (article 32) (if there is such a report); and "(3) a court-martial would have jurisdiction over the accused and the offense.", (b) Section 834 (article 34) is further amended by redesignating subsection (b) as subsection (c) and inserting after subsection (a) the following new subsection (b): "(b) The advice of the staff judge advocate under subsection (a) with respect to a specification under a charge shall include a written and signed statement by the staff judge advocate— "(1) expressing his conclusions with respect to each matter set forth in subsection (a); and "(2) recommending action that the convening authority take regarding the specification. If the specification is referred for trial, the recommendation of the staff judge advocate shall accompany the specification.". RIGHT TO APPEAL AND RELATED MATTERS SEC. 5. (a)(1) Section 860 (article 60) is amended to read as follows: 10 USC 860. "§ 860. Art. 60. Action by the convening authority "(a) The findings and sentence of a court-martial shall be reported promptly to the convening authority after the announcement of the sentence. "(b)(1) Within 30 days after the sentence of a general court- martial or of a special court-martial which has adjudged a bad- conduct discharge has been announced, the accused may submit to the convening authority matters for consideration by the convening

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