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 PUBLIC LAW 98-373—JULY 31, 1984

98 STAT. 1249

FINDINGS AND PURPOSES

SEC. 202. (a) The Congress finds that— (1) the availability of adequate supplies of strategic and critical industrial minerals and materials continues to be essential for national security, economic well-being, and industrial production; (2) the United States is increasingly dependent on foreign sources of materials and vulnerable to supply interruption in the case of many of those minerals and materials essential to the Nation's defense and economic well-being; (8) together with increasing import dependence, the Nation's industrial base, including the capacity to process minerals and materials, is deteriorating—both in terms of facilities and in terms of a trained labor force; (4) research, development, and technological innovation, especially related to improved materials and new processing technologies, are important factors which affect our long-term capability for economic competitiveness, as well as for adjustment to interruptions in supply of critical minerals and materials; (5) while other nations have developed and implemented specific long-term research and technology programs to develop high-performance materials, no such policy and program evolution has occurred in the United States; (6) establishing critical materials reserves, by both the public and private sectors and with proper organization and management, represents one means of responding to the genuine risks to our economy and national defense from dependency on foreign sources; (7) there exists no single Federal entity with the authority and responsibility for establishing critical materials policy and for coordinating and implementing that policy; and (8) the importance of materials to national goals requires an organizational means for establishing responsibilities for materials programs and for the coordination, within and at a suitably high level of the Executive Office of the President, with other existing policies within the Federal Government. (b) It is the purpose of this title— (1) to establish a National Critical Materials Council under and reporting to the Executive Office of the President which shall— (A) establish responsibilities for and provide for necessary coordination of critical materials policies, including all facets of research and technology, among the various agencies and departments of the Federal Government, and make recommendations for the implementation of such policies; (B) bring to the attention of the President, the Congress, and the general public such materials issues and concerns, including research and development, as are deemed critical to the economic and strategic health of the Nation; and (C) ensure adequate and continuing consultation with the private sector concerning critical materials, materials research and development, use of materials. Federal materials policies, and related matters; (2) to establish a national Federal program for advanced materials research and technology, including basic phenomena through processing and manufacturing technology; and

30 USC I80i.

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 98 STAT. 1250

PUBLIC LAW 98-373—JULY 31, 1984 (3) to stimulate innovation and technology utilization in basic as well as advanced materials industries. ESTABLISHMENT OF THE NATIONAL CRITICAL MATERIALS COUNCIL

30 USC 1802.

SEC. 203. There is hereby established a National Critical Materials Council (hereinafter referred to as the "Council") under and reporting to the Executive Office of the President. The Council shall be composed of three members who shall be appointed by the President and who shall serve at the pleasure of the President. Members so appointed who are not already Senate-confirmed officers of the Government shall be appointed by and with the advice and consent of the Senate. The President shall designate one of the members to serve as Chairman. Each member shall be a person who, as a result of training, experience, and achievement, is qualified to carry out the duties and functions of the Council, with particular emphasis placed on fields relating to materials policy or materials science and engineering. In addition, at least one of the members shall have a background in and understanding of environmentally related issues. RESPONSIBILITIES AND AUTHORITIES OF THE COUNCIL

30 USC 1803.

Report.

SEC. 204. (a) It shall be the primary responsibility of the CouncilCD to assist and advise the President in establishing coherent national materials policies consistent with other Federal policies, and making recommendations necessary to implement such policies; (2) to assist in establishing responsibilities for, and to coordinate. Federal materials-related policies, programs, and research and technology activities, as well as recommending to the Office of Management and Budget budget priorities for materials activities in each of the Federal departments and agencies; (3) to review and appraise the various programs and activities of the Federal Government in accordance with the policy and directions given in the National Materials and Minerals Policy, Research and Development Act of 1980 (30 U.S.C. 1601), and to determine the extent to which such programs and activities are contributing to the achievement of such policy and directions; (4) to monitor and evaluate the critical materials needs of basic and advanced technology industries and the Government, including the critical materials research and development needs of the private and public sectors; (5) to advise the President of mineral and material trends, both domestic and foreign, the implications thereof for the United States and world economies and the national security, and the probable effects of such trends on domestic industries; (6) to assess through consultation with the materials academic community the adequacy and quality of materials-related educational institutions and the supply of materials scientists and engineers; (7) to make or furnish such studies, analyses, reports, and recommendations with respect to matters of materials-related policy and legislation as the President may request; (8)(A) to prepare a report providing a domestic inventory of critical materials with projections on the prospective needs of Government and industry for these materials, including a longrange assessment, prepared in conjunction with the Office of

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98 STAT. 1251

Science and Technology Policy in accordance with the National Materials and Minerals Policy, Research and Development Act of 1980, and in conjunction with such other Government departments or agencies as may be considered necessary, of the prospective major critical materials problems which the United States is likely to confront in the immediate years ahead and providing advice as to how these problems may best be addressed, with the first such report being due on April 1, 1985, and (B) review and update such report and assessment as appropriate and report thereon to the Congress at least biennially; and (9) to recommend to the Congress such changes in current policies, activities, and regulations of the Federal Government, and such legislation, as may be considered necessary to carry out the intent of this title and the National Materials and Minerals Policy, Research and Development Act of 1980. (b) In carrying out its responsibilities under this section the Council shall have the authority— (1) to establish such special advisory panels as it considers necessary, with each such panel consisting of representatives of industry, academia, and other members of the private sector, not to exceed ten members, and being limited in scope of subject and duration; and (2) to establish and convene such Federal interagency committees as it considers necessary in carrying out the intent of this title. (c) In seeking to achieve the goals of this title and related Acts, the Council and other Federal departments and agencies with responsibilities or jurisdiction related to materials or materials policy, including the National Security Council, the Council on Environmental Quality, the Office of Management and Budget, and the Office of Science and Technology Policy, shall work collaboratively and in close cooperation.

30 USC 1601 note.

Advisory panels and interagency committees.

PROGRAM AND POLICY FOR ADVANCED MATERIALS RESEARCH AND TECHNOLOGY

SEC. 205. (a) In addition to the responsibilities described in section 204, the Council shall be responsible for coordination with appropriate agencies and departments of the Federal Government relative to Federal materials research and development policies and programs. Such policies and programs shall be consistent with the policies and goals described in the National Materials and Minerals Policy, Research and Development Act of 1980. In carrying out this responsibility the Council shall— (1)(A) establish a national Federal program plan for advanced materials research and development, recommend the designation of the k-ey responsibilities for carrying out such research, and to provide for coordination of this plan with the Office of Science and Technology Policy, the Office of Management and Budget, and such other Federal offices and agencies as may be deemed appropriate, and (B) annually review such plan and report thereon to the Congress; (2) review annually the materials research, development, and technology authorization requests and budgets of all Federal agencies and departments; and in this activity the Council shall make recommendations, in cooperation with the Office of Sci-

30 USC 1804.

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 98 STAT. 1252

30 USC 1601 "ote.

PUBLIC LAW 98-373—JULY 31, 1984

ence and Technology Policy, the Office of Management and Budget, and all other Federal offices and agencies deemed appropriate, to ensure close coordination of the goals and directions of such programs with the policies determined by the Council; and (3) assist the Office of Science and Technology Policy in the preparation of such long-range materials assessments and reports as may be required by the National Materials and Minerals Policy, Research and Development Act of 1980, and assist other Federal entities in the preparation of analyses and reporting relating to critical and advanced materials, (b) The Office of Management and Budget, in reviewing the materials research, development, and technology authorization requests of the various Federal departments and agencies for any fiscal year, and the recommendations of the Council, shall consider all of such requests and recommendations as an integrated, coherent, multiagency request which shall be reviewed by the Office of Management and Budget for its adherence to the national Federal materials program plan in effect for such fiscal year under subsection (a). INNOVATION IN BASIC AND ADVANCED MATERIALS INDUSTRIES

Centers for Industrial so use 1805

SEC. 206. (a)(1) In Order to promote the use of more cost-effective, advanced technology and other means of providing for innovation ^^^ increased productivity within the basic and advanced materials industries, the Council shall evaluate and make recommendations regarding the establishment of Centers for Industrial Technology as provided in Public Law 96-480 (15 U.S.C. 3705). (2) The activities of such Centers shall focus on, but not be limited to, the following generic materials areas: corrosion; welding and joining of materials; advanced processing and fabrication technologies; microfabrication; and fracture and fatigue. (b) In order to promote better use and innovation of materials in design for improved safety or efficiency, the Council shall establish in cooperation with the appropriate Federal agencies and private industry, an effective mechanism for disseminating materials property data in an efficient and timely manner. In carrying out this responsibility, the Council shall consider, where appropriate, the establishment of a computerized system taking into account, to the maximum extent practicable, existing available resources. COMPENSATION OF MEMBERS AND REIMBURSEMENTS

30 USC 1806.

SEC. 207. (a) The Chairman of the Council, if not otherwise a paid officer or employee of the Federal Government, shall be paid at the rate not to exceed the rate of basic pay provided for level II of the Executive Schedule. The other members of the Council, if not otherwise paid officers or employees of the Federal Government, shall be paid at a per diem rate comparable to the rate not to exceed the rate of basic pay provided for level III of the Executive Schedule, (b) Subject to existing law and regulations governing conflicts of interest, the Council may accept reimbursement from any private nonprofit organization or from any department, agency, or instrumentality of the Federal Government, or from any State or local government, for reasonable travel expenses incurred by any member or employee of the Council in connection with such mem-

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PUBLIC LAW 98-373—JULY 31, 1984

98 STAT. 1253

ber's or employee's attendance at any conference, seminar, or similar meeting. POSITION A N D AUTHORITIES OF EXECUTIVE DIRECTOR

SEC. 208. (a) There shall be an Executive Director (hereinafter referred to as the "Director"), who shall be chief administrator of the Council. The Director shall be appointed by the Council full time and shall be paid at the rate not to exceed the rate of basic pay provided for level III of the Executive Schedule. (b) The Director is authorized— (1) to employ such personnel as may be necessary for the Council to carry out its duties and functions under this title, but not to exceed twelve compensated employees; (2) to obtain the services of experts and consultants in accordance with the provisions of section 3109 of title 5, United States Code; and (3) to develop, subject to approval by the Council, rules and regulations necessary to carry out the purposes of this title. (c) In exercising his responsibilities and duties under this title, the Director— (1) may consult with representatives of academia, industry, labor. State and local governments, and other groups; and (2) shall utilize to the fullest extent possible the services, facilities, and information (including statistical information) of public and private agencies, organizations, and individuals. (d) Notwithstanding section 367(b) of the Revised Statutes (31 U.S.C. 665(b)), the Council may utilize voluntary and uncompensated labor and services in carrying out its duties and functions.

30 USC 1807.

31 USC 1342.

RESPONSIBILITIES A N D DUTIES OF THE DIRECTOR

SEC. 209. In carrying out his functions the Director shall assist and advise the Council on policies and programs of the Federal Government affecting critical and advanced materials by— (1) providing the professional and administrative staff and support for the Council; (2) assisting the Federal agencies and departments in appraising the effectiveness of existing and proposed facilities, programs, policies, and activities of the Federal Government, including research and development, which affect critical materials availability and needs; (3) cataloging, as fully as possible, research and development activities of the Government, private industry, and public and private institutions; and (4) initiating Government and private studies and analyses, including those to be conducted by or under the auspices of the Council, designed to advance knowledge of critical or advanced materials issues and develop alternative proposals, including research and development, to resolve national critical materials problems.

30 USC 1808.

AUTHORITY

SEC. 210. The Council is authorized— 30 USC 1809. (1) to establish such internal rules and regulations as may be Regulations. necessary for its operation;

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 98 STAT. 1254 Contracts with US. Public information.

PUBLIC LAW 98-373—JULY 31, 1984 (2) to enter into contracts and acquire materials and supplies necessary for its operation to such extent or in such amounts as are provided for in appropriation Acts; (3) to publish, consistent with title 44 of the United States Code, or arrange to publish critical materials information that it deems to be useful to the public and private industry to the extent that such publication is consistent with the national defense and economic interest; (4) to utilize such services or personnel as may be provided to the Council on a reimbursable basis by any agency of the United States; and (5) to exercise such authorities as may be necessary and incidental to carrying out its responsibilities and duties under this title. AUTHORIZATION OF APPROPRIATIONS

30 USC 1810.

SEC. 211. There are hereby authorized to be appropriated to carry out the provisions of this title a sum not to exceed $500,000 for the fiscal year ending September 30, 1985, and such sums as may be necessary thereafter: Provided, That the authority provided for in this title shall expire on September 30, 1990, unless otherwise authorized by Congress. DEFINITION

30 USC 1811. 30 USC 1601.

SEC. 212. As used in this title, the term "materials" has the meaning given it by section 2(b) of the National Materials and Minerals Policy, Research and Development Act of 1980. Approved July 31, 1984.

LEGISLATIVE HISTORY—S. 373: HOUSE REPORT No. 98-593, Pt. 1 (Comm. on Science and Technology) and Pt. 2 (Comm. on Merchant Marine and Fisheries). SENATE REPORT No. 98-159 (Comm. on Governmental Affairs). CONGRESSIONAL RECORD: Vol. 129 (1983): June 27, considered and passed Senate. Vol. 130 (1984): Apr. 24, considered and passed House, amended. June 21, Senate concurred in House amendments with amendment. June 26, House concurred in Senate amendments.

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 PUBLIC LAW 98-374—AUG. 7, 1984

98 STAT. 1255

Public Law 98-374 98th Congress Joint Resolution Designating August 1984 as "Polish American Heritage Month".

Whereas since the first immigration of PoUsh settlers to Jamestown in the seventeenth century, Poles and Americans of Polish descent have distinguished themselves by contributing to the development of the United States of America in the arts, sciences, government, military service, athletics, and education; Whereas Kazimierz Pulaski, Tadeusz Rosciuszko, and other sons of Poland came to our shores to fight in the American War for Independence and to give their lives and fortunes for the creation of the United States; Whereas the Polish Constitution of May 3, 1791, was directly modeled after the Constitution of the United States, is recognized as the second written constitution in history, and is revered by Poles and Americans of Polish descent; Whereas Americans of Polish descent and Americans sjmipathetic to the struggle of the Polish nation to regain its freedom remain committed to a free and independent Polish nation; Whereas Poles and Americans of Polish descent take great pride in and honor Poland's greatest native son. His Holiness Pope John Paul II; Whereas Poles and Americans of Polish descent take great pride in and honor Nobel Peace Laureate, Lech Walesa, the founder of the Solidarity Labor Federation; Whereas the Solidarity Labor Federation was founded in August of 1980 and is continuing its struggle against the oppression of the Polish Government; and Whereas the Polish American Congress is observing its fortieth anniversary this year and is celebrating August 1984 as Polish American Heritage Month: Now, therefore, be it

Aug. 7, 1984 [H.J. Res. 577]

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 98 STAT. 1256

PUBLIC LAW 98-374—AUG. 7, 1984

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That August 1984 is designated "Polish American Heritage Month". The President is requested to issue a proclamation calling upon the people of the United States to observe such month with appropriate ceremonies and activities. Approved August 7, 1984.

LEGISLATIVE HISTORY—H.J. Res. 577 (S.J. Res. 323): CONGRESSIONAL RECORD, Vol. 130 (1984): June 26, considered and passed House. July 31, considered and passed Senate.

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 PUBLIC LAW 98-375—AUG. 7, 1984

98 STAT. 1257

Public Law 98-375 98th Congress An Act To establish the Christopher Columbus Quincentenary Jubilee Commission.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Christopher Columbus Quincentenary Jubilee Act". FINDINGS AND DECLARATIONS

SEC. 2. The Congress finds and declares that— (1) October 12, 1992, marks the five hundredth anniversary of the voyages of discovery of Christopher Columbus; (2) the governments and people of Spain and Italy should be recognized and commended for their historic role and contribution to those voyages; (3) all persons in this country should look with pride on the achievements and contributions of their ancestors with respect to those historic voyages; and (4) as the Nation approaches the quincentennial of the voyages of discovery of Christopher Columbus, it is appropriate to celebrate and commemorate this anniversary through local, national, and international observances and activities planned, encouraged, coordinated, and conducted by a national commission representative of appropriate individuals and public and private authorities and organizations.

Aug. 7, 1984 [H.R. 1492] Christopher Columbus Quincentenary Jubilee Act.

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ESTABLISHMENT; COMPOSITION

SEC. 3. (a) There is established a commission to be known as the Christopher Columbus Quincentenary Jubilee Commission (hereinafter in this Act referred to as the "Commission") to plan, encourage, coordinate, and conduct the commemoration of the voyages of discovery of Christopher Columbus. (b) The Commission shall be composed of thirty members as follows: (1) seven members appointed by the President upon the recommendation of the majority leader of the Senate in consultation with the minority leader of the Senate; (2) seven members appointed by the President upon the recommendation of the Speaker of the House of Representatives in consultation with the minority leader of the House of Representatives; (3) ten members appointed by the President, which members shall be broadly representative of the people of the United States, and not otherwise officers or employees of the United States; (4) the Secretary of State; (5) the Archivist of the United States; (6) the Librarian of Congress; (7) the Chairman of the National Endowment for the Arts;

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 98 STAT. 1258

PUBLIC LAW 98-375—AUG. 7, 1984

(8) the Chairman of the National Endowment for the Humanities; and (9) the Secretary of Commerce. (c) The President is hereby authorized and requested to invite the governments of Spain and Italy each to appoint, within ninety days after the date of the enactment of this Act, one individual to serve as a nonvoting participant in the activities of the Commission. (d) The Secretary of State shall call the first meeting for the purpose of electing a Chairman and Vice Chairman, both of whom shall be from among the members of the Commission appointed under subsection (b)(3). The Commission may appoint honorary members, and may establish an Advisory Council to assist the Commission in its work. (e) Appointments under subsection (b) shall be made within ninety days after the date of the enactment of this Act. Vacancies shall be filled in the same manner in which the original appointments were made. DUTIES

Spain.

Report.

SEC. 4. (a) It shall be the duty of the Commission to prepare a comprehensive program for commemorating the quincentennial of the voyages of discovery of Christopher Columbus, and to plan, encourage, coordinate, and conduct observances and activities commemorating the historic events associated with those voyages. In carrying out this subsection, the Commission shall particularly examine the historic role of the government and people of Spain in order to promote a greater public awareness, understanding, and appreciation of the contributions made by Spain with respect to those voyages. (b) Within two years after the date of the first meeting called pursuant to section 3(d) of this Act, the Commission shall submit to Congress a comprehensive report incorporating its recommendations for the commemoration of the quincentennial of the voyages of discovery of Christopher Columbus. The report required by this subsection shall include— (1) recommendations for appropriate activities for the commemoration, including— (A) the production, publication, and distribution of books, pamphlets, films, and other educational materials focusing on the history, culture, and political thought of the lands Christopher Columbus traveled from and to during the voyages of discovery; (B) bibliographical and documentary projects and publications; (C) conferences, convocations, lectures, seminars, and other similar programs; (D) the development of libraries, museums, and exhibits, including mobile exhibits; (E) ceremonies and celebrations commemorating specific events; (F) programs focusing on the international significance of the voyages of discovery of Christopher Columbus; and (G) the design, inscriptions, and other specifications relating to the issuance of commemorative coins, medals, and stamps, by the United States;

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 PUBLIC LAW 98-375—AUG. 7, 1984

98 STAT. 1259

(2) recommendations for the allocation of financial and administrative responsibility among the public agencies and private organizations recommended for participation by the Commission; and (3) recommendations for such legislation and administrative actions as the Commission deems necessary to carry out the commemoration of the voyages of discovery. The President shall transmit the Commission's report to the Congress together with such comments and additional recommendations for legislation and administrative actions as the President deems appropriate. (c) The Commission shall prepare and submit to the Congress an annual report on the activities of the Commission, including an accounting of funds received and expended. (d) In preparing its plans and programs, the Commission shall consider any related plans and programs developed by State and local, and foreign governments, and private groups, including the 1992 World's Fair to be held in Chicago, Illinois, and in Seville, Spain. The Commission shall endeavor to plan and conduct its activities in such manner as to ensure that activities conducted pursuant to this Act do not duplicate activities of the 1992 World's Fair, which the Commission recognizes to be a major highlight of the quincentenary celebration. (e) The Commission may designate special committees and invite representatives from such public agencies and private organizations to assist the Commission in carrying out this section as the Commission deems appropriate. ADDITIONAL FUNCTIONS

SEC. 5. In carrying out the purposes of this Act, the Commission is authorized to provide for— (1) the preparation, distribution, dissemination, exhibition, and sale of historical, commemorative, and informational materials and objects which will contribute to public awareness of, and interest in, the quincentennial, except that any commemorative coins, medals, or stamps issued by the United States shall be sold only by an agency of the United States; (2) competitions, commissions, and awards for historical, scholarly, artistic, literary, musical, and other works, programs, and projects relating to the quincentennial; and (3) a quincentennial calendar or register of programs and projects, and in other ways provide a central clearinghouse for information and coordination regarding dates, events, places, documents, artifacts, and personalities of quincentennial historical and commemorative significance. COORDINATION OF EFFORTS

SEC. 6. (a) In carrying out the purposes of this Act, the Commission shall consult, cooperate with, and seek adyice and assistance from appropriate Federal departments and agencies. State and local public bodies, foreign governments, learned societies, and historical, patriotic, philanthropic, civic, professional, and related organizations. Such Federal departments and agencies are authorized and requested to cooperate with the Commission in planning, encourag-

President of U.S.

Report.

1992 World's Fair.

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 98 STAT. 1260

Study.

1992 World's Fair.

PUBLIC LAW 98-375—AUG. 7, 1984

ing, coordinating, and conducting appropriate commemorative activities. (b) The Secretary of State shall undertake a study of appropriate cooperative actions which might be taken with foreign governments to preserve and develop historic sites related to the voyages of discovery of Christopher Columbus, at such time and in such manner as will ensure that fitting observances and exhibits may be held at each such site during the commemoration. (In particular, the Secretary may consult with the governments of the nations of the Western Hemisphere which share the Columbian heritage and with the governments of Spain and Italy with respect to joint participation in events in the United States and in such nations.) The Secretary shall submit the results of the study to the Commission, together with his recommendations, affording the Commission an opportunity to review the study, and to incorporate such of its findings and recommendations as the Commission may deem appropriate in the report required by section 4 of this Act. (c) The Chairman of the National Endowment for the Arts, and the Chairman of the National Endowment for the Humanities shall cooperate with the Commission, especially in the encouragement and coordination of scholarly works and presentations focusing on the history, culture, and political thought of the period surrounding the voyages of discovery. (d) The Librarian of Congress, the Secretary of the Smithsonian Institution, and the Archivist of the United States shall cooperate with the Commission, especially in the development and display of exhibits and collections, and in the development and distribution of bibliographies, catalogs, and other materials relevant to the period. (e) Nothing in this Act shall be construed to restrict, abridge, or otherwise limit the planning, development, conduct, operations, or activities of the 1992 World's Fair to be held in Chicago, Illinois, and in Seville, Spain, nor shall any provision of this Act be construed to vest in the Commission any right or responsibility to regulate or otherwise oversee the planning, development, conduct, operations, or activities of such Fair. DONATIONS

SEC. 7. (a) The Commission may accept donations of money, property, or personal services, except that the Commission may not accept donations— (1) the aggregate value of which exceeds $25,000, in the case of donations from an individual; or (2) the aggregate of which exceeds $50,000, in the case of donations from a foreign government, a corporation, a partnership, or any other person. (b) All books, manuscripts, miscellaneous printed matter, memorabilia, relics, and other materials relating to the period and donated to the Commission may be deposited for preservation in national. State, or local libraries or museums or be otherwise disposed of by the Commission after consultation with the Librarian of Congress, the Secretary of the Smithsonian Institution, the Archivist of the United States, or the Administrator of General Services, as the case may be.

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98 STAT. 1261

ADMINISTRATION

SEC. 8. (a)(1) The Chairman, with the advice of the Commission, shall appoint, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, a Director who may be compensated at a rate not to exceed the rate of basic pay payable for level IV of the Executive Schedule established under section 5315 of such title and a Deputy Director who may be compensated at a rate not to exceed the rate of basic pay payable for level V of the Executive Schedule established under section 5316 of such title. Such officers shall serve at the pleasure of the Chairman. (2) The Commission shall delegate such powers and duties to the Director as may be necessary for the efficient operation and management of the Commission. (b) Subject to such rules and regulations as may be adopted by the Commission, the Commission may— (1) appoint and fix the compensation of such additional personnel, not to exceed twenty staff members, as it deems advisable, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and without regard to chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, but at such rates not in excess of the maximum rate for grade GS-18 of the General Schedule under section 5332 of such title; (2) appoint such advisory committees as it deems necessary; (3) procure supplies, services, and property; make contracts; expend in furtherance of this Act funds appropriated, donated, or received in pursuance of contracts hereunder; (4) enter into agreements with the General Services Administration for procurement of necessary financial and administrative services, for which payment shall be made by reimbursement from funds of the Commission in such amounts as may be agreed upon by the Chairman and the Administrator of the General Services Administration; and (5) use the United States mails in the same manner and upon the same conditions as other departments and agencies of the United States. (c)(1) Upon request of the Commission, the head of any Federal agency may detail any of the personnel of such agency to the Commission to assist the Commission in carrying out its duties under this Act. Details under this subsection shall be without reimbursement by the Commission to the agency from which the employee concerned was detailed. (2) The Commission may accept the services of not to exceed twenty employees under this subsection at any time. COMPENSATION

SEC. 9. (a) Members of the Commission appointed under section 3(b) of this Act shall serve without compensation, but may be reimbursed for travel, subsistence, and other necessary expenses incurred by them in the performance of their duties. (b) Persons appointed, designated, or invited to assist the Commission under section 3(c), the second sentence of section 3(d), section 4(e), or section 8(b)(2) of this Act shall serve without compensation,

5 USC 5101 et seq., 5331.

Contracts with U.S. Contracts with U.S.

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 98 STAT. 1262

PUBLIC LAW 98-375—AUG. 7, 1984 and shall not be entitled to reimbursement for travel, subsistence, or other expenses incurred by them in the performance of their duties. PENALTY

Logos, symbols, or marks. Regulations.

Federal Register, publication.

SEC. 10. (a) The Commission shall prescribe rules and regulations regarding the use of any logos, symbols, or marks originated under authority of and certified by the Commission for use in connection with the commemoration of the quincentennial, or any facsimile thereof. Under the rules and regulations, the Commission may not sell, lease, or otherwise grant to any person the right to use any such logo, symbol, or mark in connection with the production or manufacture of any commercial goods, as part of an advertisement promoting any commercial goods or services, or as part of an endorsement for any such goods or services. (b) Any person who, except as authorized under rules and regulations issued by the Commission, knowingly manufactures, reproduces, or uses any such logos, symbols, or marks, or any facsimile thereof, or in such a manner as suggests any such logos, symbols, or marks, shall be fined not more than $10,000, or imprisoned not more than one year, or both. This section shall only apply in the case of such logos, symbols, and marks for which the Commission has published in the Federal Register a notification of certification. AUTHORIZATION FOR APPROPRIATIONS

SEC. 11. (a) There are authorized to be appropriated to carry out the provisions of this Act, $220,000 per fiscal year for each of the fiscal years beginning after September 30, 1983, and ending before October 1, 1992; and $20,000 for the period beginning on October 1, 1992, and ending on November 15, 1992. (b) Amounts appropriated under this section for any fiscal year shall remain available until November 15, 1992. (c) The total appropriations authorized under this or any other Act for the purposes of this Act shall not exceed $2,000,000. TERMINATION

Report.

SEC. 12. (a) A final report shall be made to the Congress no later than November 15, 1992, upon which date the Commission shall terminate.

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 PUBLIC LAW 98-375—AUG. 7, 1984

98 STAT. 1263

(b) Any property acquired by the Commission remaining upon its termination may be used by the Secretary of the Interior for purposes of the National Park Service, or may be disposed of in accordance with the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 471 et seq.). Approved August 7, 1984. 'Otmd anifesii"

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LEGISLATIVE HISTORY—H.R. 1492 (S. 500): HOUSE REPORTS: No. 98-150 (Comm. on Post Office and Civil Service) and No. 98-876 (Comm. of Conference). SENATE REPORT No. 98-194 accompanying S. 500 (Comm. on the Judiciary). CONGRESSIONAL RECORD: Vol. 129 (1983): June 21, considered and passed House. Vol. 130 (1984): Feb. 1, considered and passed Senate, amended, in lieU of S. 500. June 27, Senate agreed to conference report. July 25, House agreed to conference report.

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 98 STAT. 1264

PUBLIC LAW 98-376—AUG. 10, 1984

Public Law 98-376 98th Congress A n Act Aug. 10, 1984 [H.R. 559]

To amend the Securities Exchange Act of 1934 to increase the sanctions against trading in securities while in possession of material nonpublic information.

Be it enacted by the Senate and House of Representatives of the Insider Trading United States of America in Congress assembled, Sanctions Act of SECTION 1. ITiis Act may be cited as the "Insider Trading Sanc1984. 15 USC 78a note. tions Act of 1984". SEC. 2. Section 21 of the Securities Exchange Act of 1934 is 15 USC 78u.

15 USC 78aa.

Prohibition. 15 USC 78t.

amended by redesignating subsection (d) as subsection (d)(1), and adding at the end thereof the following new paragraph: "(2)(A) Whenever it shall appear to the Commission that any person has violated any provision of this title or the rules or regulations thereunder by purchasing or selling a security while in possession of material nonpublic information in a transaction (i) on or through the facilities of a national securities exchange or from or through a broker or dealer, and (ii) which is not part of a public offering by an issuer of securities other than standardized options, the Commission may bring an action in a United States district court to seek, and the court shall have jurisdiction to impose, a civil penalty to be paid by such person, or any person aiding and abetting the violation of such person. The amount of such penalty shall be determined by the court in light of the facts and circumstances, but shall not exceed three times the profit gained or loss avoided as a result of such unlawful purchase or sale, and shall be payable into the Treasury of the United States. If a person upon whom such a penalty is imposed shall fail to pay such penalty within the time prescribed in the court's order, the Commission shall refer the matter to the Attorney General who shall recover such penalty by action in the appropriate United States district court. The actions authorized by this paragraph may be brought in addition to any other actions that the Commission or the Attorney General are entitled to bring. For purposes of section 27 of this title, actions under this paragraph shall be actions to enforce a liability or a duty created by this title. The Commission, by rule or regulation, may exempt from the provisions of this paragraph any class of persons or transactions. "(B) No person shall be subject to a sanction under subparagraph (A) of this paragraph solely because that person aided and abetted a transaction covered by such subparagraph in a manner other than by communicating material nonpublic information. Section 20(a) of this title shall not apply to an action brought under this paragraph. No person shall be liable under this paragraph solely by reason of employing another person who is liable under this paragraph. "(C) For purposes of this paragraph 'profit gained' or 'loss avoided' is the difference between the purchase or sale price of the security and the value of that security as measured by the trading price of the security a reasonable period after public disseminaton of the nonpublic information.

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"(D) No action may be brought under this paragraph more than Prohibitions. five years after the date of the purchase or sale. This paragraph shall not be construed to bar or limit in any manner any action by the Commission or the Attorney General under any other provision of this title, nor shall it bar or limit in any manner any action to recover penalties, or to seek any other order regarding penalties, imposed in an action commenced within five years of such SEC. 3. Section 32 of the Securities Exchange Act of 1934 is amended by striking "$10,000" from subsection (a) and inserting in lieu thereof "$100,000". SEC. 4. Section 15(c)(4) of the Securities Exchange Act of 1934 is amended to read as follows: "(4) If the Commission finds, after notice and opportunity for a hearing, that any person subject to the provisions of section 12, 13, 14, or subsection (d) of section 15 of this title or any rule or regulation thereunder has failed to comply with any such provision, rule, or regulation in any material respect, the Commission may publish its findings and issue an order requiring such person, and any person who was a cause of the failure to comply due to an act or omission the person knew or should have known would contribute to the failure to comply, to comply, or to take steps to effect compliance, with such provision or such rule or regulation thereunder upon such terms and conditions and within such time as the Commission may specify in such order.". SEC. 5. Section 20 of the Securities Exchange Act of 1934 is amended by adding at the end thereof the following: "(d) Wherever communicating, or purchasing or selling a security while in possession of, material nonpublic information would violate, or result in liability to any purchaser or seller of the security under any provision of this title, or any rule or regulation thereunder, such conduct in connection with a purchase or sale of a put, call, straddle, option, or privilege with respect to such security or with respect to a group or index of securities including such security, shall also violate and result in comparable liability to any purchaser or seller of that security under such provision, rule, or regulation.". SEC. 6. (a) Section 3(a)(39) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)(39)) is amended— (1) by inserting before the semicolon at the end of subparagraph (A) the following: ", contract market designated pursuant to section 5 of the Commodity Exchange Act (7 U.S.C. 7), or futures association registered under section 17 of such Act (7 U.S.C. 21), or has been and is denied trading privileges on any such contract market"; (2) by inserting before the semicolon at the end of subparagraph (B) the following: ", or is subject to an order of the Commodity Futures Trading Commission denying, suspending, or revoking his registration under the Commodity Exchange Act (7 U.S.C. 1 et seq.)"; and (3) by inserting after "municipal securities dealer," in subparagraph (C) the following: "or while associated with an entity or person required to be registered under the Commodity Exchange Act,". (b) Section 15(b)(4) of such Act (15 U.S.C. 78o(b)(4)) is amended— (1) by striking out "or fiduciary" in subparagraph (B)(ii) and inserting in lieu thereof "fiduciary, or any entity or person

15 USC 78ff. 15 USC 78o.

15 USC 78/, 78111-780.

15 USC 78t.

15 USC 78o.

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PUBLIC LAW 98-376—AUG. 10, 1984

required to be registered under the Commodity Exchange Act (7 U.S.C. 1 et seq.)"; (2) in subparagraph (C)— (A) by inserting "entity or person required to be registered under the Commodity Exchange Act," before "or municipal securities dealer"; and (B) by inserting "entity or person required to be registered under such Act," before "or insurance company"; and (3) by inserting "the Commodity Exchange Act," after "Investment Company Act of 1940," each place it appears in subparagraphs (D) and (E). Effective date. SEC. 7. The amendments made by this Act shall become effective 15 USC 78c note, immediately upon enactment of this Act. Approved August 10, 1984.

LEGISLATIVE HISTORY—H.R. 559 (S. 910): HOUSE REPORT No. 98-355 (Comm. oh Energy and Commerce). CONGRESSIONAL RECORD: Vol. 129 (1983): Sept. 19, considered and passed House. Vol. 130 (1984): June 29, considered and passed Senate, amended, in lieu of S. 910. July 25, House concurred in Senate amendment. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 20, No. 33 (1984): Aug. 11, Presidential statement.

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Public Law 98-377 98th Congress An Act To provide assistance to improve elementary, secondary, and postsecondary education in mathematics and science; to provide a national policy for engineering, technical, and scientific personnel; to provide cost sharing by the private sector in training such personnel; to encourage creation of new engineering, technical, and scientific jobs; and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Education for Economic Security Act". STATEMENT OF PURPOSE

Aug. 11, 1984 [H.R. 1310] "

Education for Economic Security Act. 20 USC 3901 note.

SEC. 2. It is the purpose of this Act to improve the quality of 20 USC 3901. mathematics and science teaching and instruction in the United States. DEFINITIONS

SEC. 3. For the purpose of this Act— (1) The term "area vocational education school" has the same meaning given that term under section 195(2) of the Vocational Education Act of 1965. (2) The term "Director" means the Director of the National Science Foundation. (3) The term "elementary school" has the same meaning given that term under section 198(a)(7) of the Elementary and Secondary Education Act of 1965. (4) The term "Governor" means the chief executive of a State. (5) The term "Foundation" means the National Science Foundation. (6) The term "institution of higher education" has the same meaning given that term by section 1201(a) of the Higher Education Act of 1965. (7) The term "local educational agency" has the same meaning given that term under section 198(a)(10) of the Elementary and Secondary Education Act of 1965. (8) The term "secondary school" has the same meaning given that term under section 198(a)(7) of the Elementary and Secondary Education Act of 1965. (9) The term "Secretary" means the Secretary of Education. (10) The term "State" means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands, the Trust Territory of the Pacific Islands, and the Northern Mariana Islands. (11) The term "State agency for higher education" means the State board of higher education or other agency or officer primarily responsible for the State supervision of higher education, or, if there is no such officer or agency, an officer or agency designated for the purpose of this title by the Governor or by State law.

20 USC 3902. 20 USC 2461.

20 USC 2854.

20 USC 1141. 20 USC 2854.

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20 USC 2854.

PUBLIC LAW 98-377—AUG. 11, 1984 (12) The term "State educational agency" has the meaning given that term under section 198{aX17) of the Elementary and Secondary Education Act of 1965.

TITLE I—NATIONAL SCIENCE FOUNDATION MATHEMATICS AND SCIENCE PROGRAMS PART A—TEACHER INSTITUTES GRANTS FOR TEACHER INSTITUTES AUTHORIZED

20 USC 3911.

SEC. 101. The Foundation is authorized, in accordance with the provisions of this part, to make grants to State and local educational agencies and institutions of higher education, applying jointly, for the establishment and operation of teacher institutes for the enhancement of the subject matter skills of public and private elementary and secondary school teachers of mathematics and physical and life sciences. ../ « APPLICATIONS

20 USC 3912.

SEC. 102. (a) Each local educational agency and institution of higher education, and each State educational agency and institution of higher education desiring to receive a grant under this part shall submit a joint application at such time, in such manner, and containing or accompanied by such information as the Director may require. One or more local educational agencies may apply jointly with one or more institutions of higher education under the provisions of this section. A State educational agency may apply jointly with one or more institutions of higher education. (b) Each such application shall— (1) describe the establishment and operation of a teacher institute for elementary and secondary school teachers of mathematics and physical and life sciences, including— (A) the designation of the institute as a full-time summer or part-time school year, or both; (B) a description of the courses of study to be offered at the institute; (C) an estimate of the number of teachers, including the number of teachers from private elementary and secondary schools, to attend the institute and describe the selection procedures; (D) the nature and location of existing facilities to be used in the operation of the institute; (E) the teaching and administrative staff for the institute; (F) the academic credits, if any, to be awarded for the completion of the courses of study to be offered at the institute; and (G) a schedule of stipends to be paid teacher participants in the institute, including (i) allowances for subsistence and other expenses for teachers attending the institute and their dependents and (ii) provisions assuring that there will be no duplication of Federal benefits paid to participants; (2) provide assurances that the design and operation of the institute will involve the participation of both the subject matter departments or divisions of each institution of higher education making application as well as the teacher education department or division, if any, of each such institution;

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(3) provide for prior and continuing consultation with the State educational agency in the formulation and operation of the institute; and (4) provide such additional assurances as the Director deems essential to assure compliance with the requirements of this part. DISTRIBUTION OF ASSISTANCE

SEC. 113. (a) In approving applications under this part, the Direc- 20 USC 3913. tor shall assure that there is an equitable distribution of institutes established and operated under approved applications among States and within States. The Director shall award not less than one institute in each State, except that the Director may waive the requirements of this sentence if there is no proposal from a State that meets the requirements of this part. (b) No grant to a single applicant may exceed $200,000 in any fiscal year. COOPERATION WITH BUSINESS CONCERNS

SEC. 114. Institutes assisted under this part may, to the extent 20 USC 3914. possible, involve the cooperation of advanced technology business concerns and other business concerns which are able to supply assistance in the teaching of mathematics and science. SPECIAL CONSIDERATION OF UNDERREPRESENTED AND UNDERSERVED POPULATIONS

SEC. 115. In providing financial assistance under this part the 20 USC 3915. Foundation shall make every effort to ensure that consideration is i given to applications which contain provisions designed to meet the needs of underrepresented and underserved populations. PART B—MATHEMATICS AND SCIENCE EDUCATION DEVELOPMENT PROGRAMS PROGRAM AUTHORIZED

SEC. 121. The Foundation is authorized, in accordance with the 20 USC 3921. provisions of this part, to enter into agreements with institutions of higher education or local educational agencies for— (1) developing and disseminating programs and materials for training, retraining, and inservice training for elementary and secondary school teachers in the fields of mathematics, science, including physical and life sciences, computer learning; and i(2) the research, development, and dissemination of instructional programs and materials for courses of study in elementary and secondary schools in the fields of mathematics, science, including physical and life sciences, and computer learning. APPLICATIONS

SEC. 122. (a) No grant may be made under this part unless an Grants. eligible applicant, at such time, in such manner, and containing or 20 USC 3922. accompanied by such information as the Director may reasonably require. Each application shall contain assurances— (1) that (A) in the case of an institution of higher education, the institution will enter into a cooperative agreement with one

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PUBLIC LAW 98-377—AUG. 11, 1984 or more local educational agencies, (B) in the case of a State or local educational agency, the agency will enter into a cooperative agreement with one or more institutions of higher education in the case of a profession of a society or association described in subsection (b)(3) the association or society will enter into a cooperative agreement with one or more local educational agencies and one or more institutions of higher education, for the purpose of furnishing the activities authorized by this part; (2) that the planning and implementation of the cooperative agreement will involve the participation of both the subject matter departments or divisions of each institution of higher education as well as the teacher education department or division, if any, of each such institution; and (3) that the applicant has consulted with, as appropriate, the State agency for higher education or the State educational agency in the development of the program for which assistance is sought, and will assure appropriate participation of such agencies in the program. (b) For the purpose of this part an eligible applicant means— (1) an institution of higher education, (2) a State or local educational agency, and (3) a professional society or association, in the fields of mathematics, physical or biological sciences, or engineering. SPECIAL CONSIDERATION OF UNDERREPRESENTED AND UNDERSERVED POPULATIONS

20 USC 3923.

Congressional Merit Scholarships in Mathematics, Science, and Engineering Education. 20 USC 3931 note. 20 USC 3931.

SEC. 123. In providing financial assistance under this part, the Foundation shall make every effort to ensure that consideration is given to applications which provide for the development and improvement of instructional programs and materials designed to meet the needs of underrepresented and underserved populations. PART C—CONGRESSIONAL MERIT SCHOLARSHIPS SHORT TITLE

SEC. 131. This part may be cited as the "Congressional Merit Scholarships in Mathematics, Science, and Engineering Education". M E R I T SCHOLARSHIPS ESTABLISHED

SEC. 132. (a) The Foundation is authorized, in accordance with the provisions of this part, to award scholarships to individuals who are enrolled in institutions of higher education and who demonstrate outstanding potential for, and who plan to pursue, a career in teaching in the fields of mathematics, science, and engineering. (b) Scholarships under this part shall be awarded for such period as the Foundation may prescribe, but for not to exceed four academic years. (c)(1) A student awarded a scholarship under this part may attend any institution of higher education offering courses of study designed to prepare them for teaching careers. Such awards shall be available for periods of study commencing not sooner than the third undergraduate year. (2) In order to be eligible for a scholarship under this part, each individual shall—

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(A) concentrate, at the undergraduate level, in mathematics or science, and indicate a serious intent to teach at the elementary school level; or (B) concentrate, at the undergraduate level, in mathematics or science, and indicate a serious intent to teach mathematics or science at the secondary school level; or (C) concentrate, at the undergraduate level, in engineering and indicate a serious intent to teach at the postsecondary level, in an engineering discipline in which the Foundation has determined a shortage of qualified teachers. (d) Not to exceed 25 per centum of the scholarships available under this part shall be available for students meeting the criteria of subsection (c)(2)(C). SELECTION OF MERIT SCHOLARS

SEC. 133. (a) The Foundation shall establish criteria for the selec- 20 USC 3932. tion of merit scholars under this part. (b) The Foundation shall adopt selection procedures which are designed to assure that— (1) the number of individuals to be selected will not exceed the product of the number of Members of Congress for each State, multiplied by two, and that the individuals will be selected from among the residents of each State (and in the case of the District of Columbia and the Commonwealth of Puerto Rico, not to exceed ten individuals will be selected); and (2) each recipient of a merit scholarship will enter into an agreement with the Foundation under which the recipient will agree— (A) to comply with provisions of paragraph (2) of section 142(c) relating to concentration of study; and Ante, p. 1270. (B) to pursue a career in teaching, as prescribed in section 142(c) for not less than two years for each academic year in which a merit scholarship award is received. STIPENDS AND SCHOLARSHIP CONDITIONS

SEC. 134. (a) Each student awarded a merit scholarship under this 20 USC 3933. part shall receive an award of $5,000 for each academic year of study. (b) Each student awarded a merit scholarship under the provisions of this part shall continue to receive payments provided under this part for such scholarship only during such period as the Foundation determines that the student is maintaining satisfactory progress in, and devoting full time to, the course of study for which the scholarship is awarded. (c) The Foundation is authorized to require reports containing such information in such form and to be filed at such time as the Foundation determines to be necessary from any student awarded a merit scholarship under the provisions of this part. Such reports shall be accompanied by a certificate from any appropriate official of the institution of higher education, approved by the Foundation, stating that such student is making satisfactory progress in, and is devoting essentially full time to, the study described in subsection (b).

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PUBLIC LAW 98-377—AUG. 11, 1984 PART D—DISCRETIONARY FUNDS OF THE DIRECTOR AUTHORIZATION

Grants. Contracts with US 20 USC 3941.

SEC. 141. (a) From funds available for this part, the Director is authorized to make grants to and to enter into contracts with any public agency or any private organization to carry out any activity authorized by this title. In addition, from such funds, the Director is authorized, directly or by way of grant or contract, to conduct— (1) a faculty exchange program between institutions of higher education (particularly institutions having established and nationally recognized research facilities) and eligible institutions; and (2) programs of national significance promoting the improvement of instruction in the fields of mathematics, science, and engineering. In carrying out the provisions of this part, the Director shall give special consideration to programs and activities for women in science and minorities in science which have been assisted by the Foundation prior to the date of enactment of this Act. (b) For the purpose of this section the term "eligible institution" means an institution of higher education in any State which— (I)(A) has an enrollment which includes a substantial percentage of students who are members of a minority group or who are economically or educationally disadvantaged; or (B) is located in a community that is not within commuting distance of a major institution of higher education; and (2) demonstrates a commitment to meet the special educational needs of students who are members of a minority group or are economically or educationally disadvantaged. PART E—GENERAL PROVISIONS ADMINISTRATIVE PROVISIONS

20 USC 3951.

SEC. 161. (a) In order to carry out the provisions of this title, the Foundation is authorized to— (1) appoint and fix the compensation of such personnel as may be necessary to carry out the provisions of this title, except that in no case shall employees be compensated at a rate to exceed the rate provided for employees in grade GS-18 of the General Schedule set forth in section 5332 of title 5, United States Code; (2) procure temporary and intermittent services of experts and consultants as are necessary to the extent authorized by section 3109 of title 5, United States Code, but at rates not to exceed the rate specified at the time of such service for grade GS-18 of section 5332 of such title; (3) prescribe such regulations as it deems necessary governing the manner in which its functions shall be carried out; (4) receive money and other property donated, bequeathed, or devised, without condition or restriction other than it be used for the purposes of this Act; and to use, sell, or otherwise dispose of such property for the purpose of carrying out the functions of the Foundation under this Act; (5) accept and utilize the services of voluntary and noncompensated personnel and reimburse them for travel expenses.

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including per diem, as authorized by section 5703 of title 5, United States Code; (6) enter into contracts, grants, or other arrangements, or modifications thereof, to carry out the provisions of this title, and such contracts or modifications thereof may, with the concurrence of two-thirds of the members of the National Science Board, be entered into without performance or other bonds, and without regard to section 3709 of the Revised Statutes, as amended (41 U.S.C. 5); (7) make advances, progress, and other payments which the Board deems necessary under this title without regard to the provisions of section 3324 of title 31, United States Code; and (8) make other necessary expenditures. (b) The Foundation shall submit to the President and to the Congress an annual report of its operations under this title.

Contracts with U.S. Grants.

Report.

PARTICIPATION OF TEACHERS FROM PRIVATE SCHOOLS

S E C 162. The Foundation shall, after consultation with appropri- 20 USC 3952. ate private school representatives, make provision for the benefit of teachers in private elementary and secondary schools in the programs authorized by this title, in order to assure equitable participation of such teachers. PROHIBITION AGAINST FEDERAL CONTROL OF EDUCATION

SEC. 163. The provisions of section 432 of the General Education Provisions Act, relating to prohibition against Federal control of education, shall apply to each program authorized by this title.

20 USC 3953. 20 USC 1232a.

AUTHORIZATION OF APPROPRIATIONS

SEC. 164. (a) There are authorized to be appropriated $20,000,000 20 USC 3954. for each of the fiscal years 1984 and 1985 to carry out the provisions of part A of this title. (b) There are authorized to be appropriated $20,000,000 for the fiscal year 1985 to carry out the provisions of part B of this title. (c) There are authorized to be appropriated $5,000,000 for the fiscal year 1984 and $15,000,000 for the fiscal year 1985 to carry out the provisions of part C of this title. (d) There are authorized to be appropriated $3,000,000 for the fiscal year 1985 to carry out the provisions of part D of this title. (e) There are authorized to be appropriated to the Foundation $20,000,000 for the fiscal year 1984 and $21,000,000 for the fiscal year 1985 to carry out the graduate fellowship program under the National Science Foundation Act of 1950. 42 USC 1861 note.

TITLE II—EDUCATION FOR ECONOMIC SECURITY STATEMENT OF PURPOSE

SEC. 201. It is the purpose of this title to make financial assistance 20 USC 3961. available to State and local educational agencies, and to institutions of higher education, to improve the skills of teachers and instruction in mathematics, science, computer learning, and foreign languages, and to increase the access of all students to such instruction, and thereby contribute to strengthening the economic security of the United States.

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Author:John James Robert Manners

Works

 * England's Trust and Other Poems (1841)
 * English Ballads and Other Poems (1850)

title: Author:John James Robert Manners


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PUBLIC LAW 98-377—AUG. 11, 1984 DEFINITION

20 USC 3962.

SEC. 202. As used in this title, the term "junior or community college" means an institution of higher education— (1) that admits as regular students individuals who are beyond the age of compulsory school attendance in the State in which the institution is located and who have the ability to benefit from the training offered by the institution; (2) that does not provide an educational program for which it awards a bachelor's degree (or an equivalent degree); and (3) that— (A) provides an educational program of not less than two years that is acceptable for full credit toward such a degree, or (B) offers a two-year program designed to prepare a student to work as a technician or at the semiprofessional level in engineering, scientific, or other technological fields requiring the understanding and application of basic engineering, scientific, or mathematical principles of knowledge. PROGRAM AUTHORIZED

Grants. 20 USC 3963.

Appropriations authorization.

SEC. 203. (a) The Secretary is authorized to make grants to States and to make discretionary grants, in accordance with the provisions of this title, for strengthening the skills of teachers and instruction in mathematics, science, computer learning, and foreign languages. (b) There are authorized to be appropriated $350,000,000 for the fiscal year 1984, and $400,000,000 for the fiscal year 1985 to carry out the provisions of this title. ALLOTMENT TO STATES

20 USC 3964.

SEC. 204. (a)(1) From 90 per centum of the amount appropriated to carry out this title for each fiscal year, the Secretary shall allot to each State an amount which bears the same ratio to such 90 per centum as the number of children aged five to seventeen, inclusive, in the State bears to the number of such children in all States, except that no State shall receive less than one-half of 1 per centum of the amount available under this subsection in any fiscal year. (2) The Secretary shall reserve the remaining 10 per centum to carry out section 212, relating to discretionary grants of national significance. (3) For the purpose of this subsection, the term "State" does not include Guam, American Samoa, the Virgin Islands, the Northern Mariana Islands, or the Trust Territory of the Pacific Islands. (4) The number of children aged five to seventeen, inclusive, in the State and in all States shall be determined by the Secretary on the basis of the most recent satisfactory data available to him. (b) The amount of any State's allotment under subsection (a) for any fiscal year to carry out this title which the Secretary determines will not be required for that fiscal year to carry out this title shall be available for reallotment from time to time, on such dates during that year as the Secretary may fix, to other States in proportion to the original allotments to those States under subsection (a) for that year but with such proportionate amount for any of those other States being reduced to the extent it exceeds the sum the Secretary

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estimates that State needs and will be able to use for that year; and the total of those reductions shall be similarly reallotted among the States whose proportionate amounts were not so reduced. Any amounts reallotted to a State under this subsection during a year shall be deemed a part of its allotment under subsection (a) for that year. (c) There are authorized to be appropriated for each fiscal year for the purpose of this subsection amounts equal to not more than 1 per centum of the amount appropriated for such year under this title. The Secretary shall allot the amount appropriated pursuant to this subsection among Guam, American Samoa, the Virgin Islands, the Northern Mariana Islands, or the Trust Territory of the Pacific Islands according to their respective needs for assistance under this title. In addition for each fiscal year the Secretary shall allot from not less than one-half of such amount, to such agency as the Secretary deems appropriate, for programs authorized by this title for children in elementary and secondary schools operated for Indian children by the Department of the Interior. The terms upon which payments are made under the previous sentence shall be determined by such criteria as the Secretary determines will best carry out the purpose of this title.

Appropriations authorization.

Indians.

IN-STATE APPORTIONMENT

SEC. 205. (a) For each of the fiscal years 1984 and 1985, 70 per 20 USC 3965. centum of each State's allotment under section 204 of this title shall be used for elementary and secondary education programs in accordance with section 206. (b) For each of the fiscal years 1984 and 1985, 30 per centum of each State's allotment under section 204 of this title shall be used for higher education programs in accordance with section 207. ELEMENTARY AND SECONDARY EDUCATION PROGRAMS

SEC. 206. (a) The amount apportioned under section 205(a) from 20 USC 3966. each State's allotment under this title shall be used by the State educational agency to strengthen elementary and secondary education programs in accordance with the provisions of this section. (b)(1) Not less than 70 per centum of the amount available under this section shall be distributed to local educational agencies within the State. Each local educational agency shall use funds distributed under this paragraph for— (A) the expansion and improvement of inservice training and retraining of teachers and other appropriate school personnel in the fields of mathematics and science, including vocational education teachers who use mathematics and science in the courses of study the teachers teach; or (B) if the local educational agency determines that the agency has met its need for such training and retraining and subject to the provisions of section 210(c), computer learning and instruction, foreign language instruction, and instructional materials and equipment related to mathematics and science instruction. Such training and instruction may be carried out through agreements with public agencies, private industry, institutions of higher education, and nonprofit private organizations, including museums, libraries, educational television stations, professional science, njathematics and engineering associations, and other appropriate institu-

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Minorities. Handicapped persons. Migrants.

Disadvantaged persons. 20 USC 2711.

PUBLIC LAW 98-377—AUG. 11, 1984

tions. A local educational agency may carry out the activities authorized by this paragraph with one or more other local educational agencies within the State, or with the State educational agency, or both. Each local educational agency shall assure that programs of inservice training and retraining will take into account the need for greater access to and participation in mathematics, science, and computer learning programs and careers of students from historically underrepresented groups, including females, minorities, individuals with limited-English proficiency, the handicapped, and migrants. (2)(A) The State educational agency shall distribute 50 per centum of the funds available under this subsection to local educational agencies within the State according to the relative number of children enrolled in public and nonpublic schools within the school districts of such agencies. (B) The State educational agency shall distribute 50 per centum of the funds available under this subsection based on the relative number of children aged five to seventeen who— (i) are from families below the poverty level as determined under section lll(c)(2)(A) of the Elementary and Secondary Education Act of 1965; and (ii) are from families above the poverty level as determined under section lll(cK2XB) of the Elementary and Secondary Education Act of 1965; in the public schools of the local educational agencies within the State. (3) The State educational agency shall renew payments to local educational agencies under this subsection based upon the criteria set forth in paragraph (2) of this subsection and a determination by the State educational agency that the local educational agency is implementing the program assisted under this title so that a substantial number of teachers in the public and private schools in the school district of such agency are served and several grade levels of instruction in such schools are involved in the program. (c)(1) If a local educational agency is spending funds under subsection (b)(1)(B), not to exceed 30 per centum of the funds available to the local educational agency under subsection (b) may be used for the purchase of computer and computer-related instructional equipment. (2) If a local educational agency is spending funds under subsection (b)(1)(B), not to exceed 15 per centum of the funds available to the local educational agency under subsection (b) may be used to strengthen instruction in foreign languages. (d) Not less than 20 per centum of the amount available under this section shall be used by the State educational agency for demonstration and exemplary programs for— (1) teacher training and retraining and inservice upgrading of teacher skills in the fields of mathematics and science, foreign language instruction, and computer learning, (2) instructional equipment and materials in such fields and necessary technical assistance, (3) special projects for historically underrepresented and underserved populations and for gifted and talented students, and (4) the dissemination of information to all local educational agencies within the State relating to the exemplary programs in the fields of mathematics, science, foreign languages, and computer learning.

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98 STAT. 1277

In providing financial assistance for such demonstration and exemplary programs, the State educational agency shall reserve not less than 20 per centum of the amount available under this subsection for special projects in mathematics and science, foreign languages, and computer education to historically underrepresented and underserved populations of students, including females, minorities, handicapped individuals, individuals with limited-English proficiency, and migrant students, and to programs for gifted and talented students. The programs for gifted and talented students may include assistance to magnet schools for such students. (e) Not less than 5 per centum of the amount available under this section may be used by the State educational agency to provide technical assistance to local educational agencies, institutions of higher education, and nonprofit organizations, including museums, libraries, and educational television stations, in the conduct of programs specified under subsection (b). (f) Not to exceed 5 per centum of the amount available under this section may be used by the State educational agency for— (1) the State assessment required by section 208 of this title; and (2) the costs of administration and evaluation of the program assisted under this title.

Minorities. Handicapped persons. Migrants.

HIGHER EDUCATION PROGRAMS

SEC. 207. (a) The amount apportioned under section 205(b) from 20 USC 3967 each State's allotment under this title shall be used by the State agency for higher education for higher education programs in accordance with the provisions of this section. (b)(1)(A) Not less than 75 per centum of the amount available for this section shall be used by the State agency for higher education for grants to institutions of higher education in accordance with the provisions of this subsection. (B) The State agency for higher education shall make funds available on a competitive basis to institutions of higher education in the State which apply for payments under this section. The State agency for higher education shall make every effort to ensure equitable participation of private and public institutions of higher education. (2) The amount available under this subsection shall be used for— (A) establishing traineeship programs for new teachers who will specialize in teaching mathematics and science at the secondary school level; (B) retraining of secondary school teachers who specialize in disciplines other than the teaching of mathematics and science to specialize in the teaching of mathematics, science, or computer learning, including provision of stipends for participation in institutes authorized under title I; and (C) inservice training for elementary, secondary, and vocational school teachers and training for other appropriate school personnel to improve their teaching skills in the fields of mathematics and science, and computer learning, including stipends for participation in institutes authorized under title I. Each institution of higher education receiving a grant under this Minorities. subsection shall assure that programs of training, retraining, and Handicapped inservice training will take into account the need for greater access persons. Migrants. to and participation in mathematics, science, and computer learning

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 98 STAT. 1278

Post, p. 1281.

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and careers of students from historically underrepresented and underserved groups, including females, minorities, individuals with limited-English proficiency, the handicapped, migrants, and the gifted and talented. (3) No institution of higher education may receive assistance under paragraphs (2)(B) and (C) of this subsection unless the institution enters into an agreement with a local educational agency, or consortium of such agencies, to provide inservice training and retraining for the elementary and secondary school teachers in the public and private schools of the school district of each such agency. (c)(1) Not less than 20 per centum of the amount available under this section shall be used by the State agency for higher education for cooperative programs among institutions of higher education, local educational agencies. State educational agencies, private industry, and private nonprofit organizations, including museums, libraries, educational television stations, and professional mathematics, science, and engineering societies and associations for the development and dissemination of projects designed to improve student understanding and performance in science, mathematics, and critical foreign languages. In carrying out this subsection, the State agency for higher education shall give special consideration to programs involving consortial arrangements which include local educational agencies. (2) For the purpose of paragraph (1) of this subsection, critical foreign languages include foreign languages designated by the Secretary pursuant to section 211(d). (d) Not to exceed 5 per centum of the amount available under this section may be used by the State agency for higher education for— (1) the State assessment required by section 208 of this title; and (2) the costs of administration and evaluation of the program assisted under this title incurred by the State higher education agency. STATE ASSESSMENT OF MATHEMATICS, SCIENCE, FOREIGN LANGUAGES, AND COMPUTER LEARNING

Grants. 20 USC 3968.

Public availability.

SEC. 208. (a) Each State which desires to receive grants under this title shall prepare not later than nine months following the date for which funds under this title become available, a preliminary assessment of the status of mathematics, science, foreign language, and computer learning within the State. Such preliminary assessment shall be made available to all local educational agencies within the State to assist the local educational agencies to carry out the requirements of section 210. A final version of such assessment shall be submitted to the Secretary not later than the end of the first year for which funds under this title are made available. Each first assessment shall be prepared after an examination of the local assessments submitted under section 210. Each such assessment shall include a description and a five-year projection of— (1) the availability of qualified mathematics, science, foreign language, and computer learning teachers at the secondary and postsecondary education levels within the State; (2) the qualifications of teachers in mathematics, science, foreign languages, and computer learning at the secondary and postsecondary education levels, and the qualifications of teach-

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Author:Paul Marchal

Articles in Popular Science Monthly

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title: Author:Paul Marchal


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98 STAT. 1279

ers at the elementary level to teach mathematics, science, foreign languages, and computer learning; (3) the State standards for teacher certification, including any special exceptions currently made, for teachers of mathematics, science, foreign languages, and computer learning; (4) the availability of adequate curricula, instructional materials and equipment, in mathematics, science, foreign languages, and computer learning; and (5) the degree of access to instruction in mathematics, science, foreign languages, and computer learning of historically underrepresented and underserved individuals and of the gifted and talented. (b) Each such assessment shall also describe the programs, initiatives, and resources committed or projected to be undertaken within the State to— (1) improve teacher recruitment and retention; (2) improve teacher qualifications and skills in the fields of mathematics, science, foreign languages, and computer and computer learning; (3) improve curricula in mathematics, science, foreign languages, and computer learning including instructional materials and equipment; and (4) improve access for historically underrepresented and underserved populations, and for the gifted and talented, to instruction in mathematics, science, foreign languages, and computer learning. (c)(1) Each State assessment shall be developed in consultation with the Governor, the State legislature. State Board of Education, local educational agencies within the State, and representatives of— (A) vocational secondary schools and area vocational education schools, (B) public and private institutions of higher education, (C) teacher organizations, (D) private industry, (E) other public organizations, including libraries, museums, and educational television stations, and professional scientific and mathematics associations, and (F) private elementary and secondary schools, within the State. (2) Each State assessment shall be submitted jointly by the State educational agency and the State agency for higher education.

^,, ' ^

STATE APPLICATION

SEC. 209. (a) Each State which desires to receive grants under this Grants, title shall file an application with the Secretary at such time, in 20 USC 3969. such manner, and containing or accompanied by such information as the Secretary may reasonably require. (b) Each such application shall— (1) designate the State educational agency for the purpose of programs described in section 206, and the State agency for higher education for programs described in section 207 as the agency or agencies responsible for the administration and supervision of the programs described in sections 207 and 208, as the case may be; (2) describe the programs for which assistance is sought under the application;

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 98 STAT. 1280

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(3) provide assurances that payments will be distributed by the State in accordance with the provisions of sections 207 and 208, as the case may be; (4) provide procedures— (A) for submitting applications by local educational agencies, institutions of higher education, junior or community colleges, and other organizations for programs described in section 206 for distribution of payments under this title within the State, and (B) for approval of applications by the appropriate State agency, including appropriate procedures to assure that the appropriate State agency will not disapprove an application without notice and opportunity for a hearing; (5) provide assurances that— (A) the State will prepare and submit the assessment required under section 208; (B) in the second year for which funds are available under this title, the State will use funds for purposes consistent with the findings of the State assessment under section 208; (C) for programs described in section 206, the provisions of sections 210 and 211 will be carried out; and (D) to the extent feasible, evaluations of the program assisted under this title will be performed; (6) provide assurances that Federal funds made available under this title for any fiscal year will be so used as to supplement, and to the extent practicable, to increase the level of funds that would, in the absence of such funds, be available for the purposes described in sections 207 and 208, and in no case supplant such funds; and (7) provide such fiscal control and accounting procedures as may be necessary (A) to ensure proper accounting of Federal funds paid to the applicant under this title, and (B) to ensure the verification of the programs assisted under the application. (c) The Secretary shall expeditiously approve any State plan that meets the requirements of this section. LOCAL EDUCATIONAL AGENCY ASSESSMENT

20 USC 3970.

SEC. 210. (a) Each local educational agency which desires to receive a payment from the State educational agency pursuant to section 206 shall provide to the State educational agency an assessment of the local educational agency's need for assistance in— (1) teacher training, retraining, and inservice training and the training of appropriate school personnel in the areas of mathematics, science, foreign languages, and computer learning, including a description of the availability and qualifications of teachers in the areas of mathematics, science, foreign language, and computer learning, including the qualifications of teachers at the elementary level to teach in such areas; (2) improving instructional materials and equipment related to mathematics and science education; and (3) improving the access to instruction in mathemactics, science, foreign languages, and computer learning of historically underserved and underrepresented individuals and of the gifted and talented, and an assessment of the current degree of access to such instruction of such individuals.

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(b) Such assessment shall also describe the types of services to be provided pursuant to the program assisted under section 206, a description of how the services assisted will meet the program needs of the local educational agency, and in the second year for which funds under this title are made available, a description of how the services assisted will address unmet needs described under section 208. (c) If a local educational agency determines, pursuant to section 206(b)(1), that the agency has met its teacher retraining and inservice training needs in mathematics and science and desires to expend its funds on other activities prescribed in section 206(b)(1)(B), the local educational agency may request the State educational agency to waive such training requirements. If the State educational agency determines that the local educational agency has met such teacher training needs, the State educational agency shall grant the waiver. PARTICIPATION OF CHILDREN AND TEACHERS FROM PRIVATE SCHOOLS

SEC. 211. (a) To the extent consistent with the number of children in the State or in the school district of each local educational agency who are enrolled in private elementary and secondary schools, such State or agency shall, after consultation with appropriate private school representatives, make provision for including services and arrangements for the benefit of such children as will assure the equitable participation of such children in the purposes and benefits of this title. (b) To the extent consistent with the number of children in the State or in the school district of a local educational agency who are enrolled in private elementary and secondary schools, such State, State educational agency, or State agency for higher education shall, after consultation with appropriate private school representatives, make provision, for the benefit of such teachers in such schools, for such inservice and teacher training and retraining as will assure equitable participation of such teachers in the purposes and benefits of this title. (c) If by reason of any provision of law a State or local educational agency is prohibited from providing for the participation of children or teachers from private schools as required by subsections (a) and (b), or if the Secretary determines that a State or local educational agency has substantially failed or is unwilling to provide for such participation on an equitable basis, the Secretary shall waive such requirements and shall arrange for the provision of services to such children or teachers which shall be subject to the requirements of this section. Such waivers shall be subject to consultation, withholding, notice, and judicial review requirements in accordance with sections 557(b)(3) and (4) of the Education Consolidation and Improvement Act of 1981.

20 USC 3971.

20 USC 3806.

SECRETARY S DISCRETIONARY FUND FOR PROGRAMS OF NATIONAL SIGNIFICANCE

SEC. 212. (a) From 10 per centum of amounts appropriated under section 203(b), the Secretary shall make grants in accordance with this section. (b)(1) From 75 per centum of the amount available under this section in each fiscal year, the Secretary shall make grants to State and local educational agencies, institutions of higher education, and

Grants. 20 USC 3972. Grants.

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 98 STAT. 1282

Grants.

Research and development.

Federal Register, publication.

PUBLIC LAW 98-377—AUG. 11, 1984

private nonprofit organizations, including museums, libraries, educational television stations, and professional science, mathematics, and engineering societies and associations for programs of national significance in mathematics and science instruction, computer learning, and foreign language instruction in critical languages. The Secretary shall give special consideration to provide assistance to local educational agencies, or consortia thereof, to establish or improve magnet schools for gifted and talented students. In awarding of grants the Secretary shall give special consideration to local educational agencies, institutions of higher education, and private nonprofit organizations, including museums, libraries, educational television stations, and professional science, mathematics, and engineering societies and associations providing special services to historically underserved and underrepresented populations in the fields of mathematics and science. (2) The Secretary, from the amount available under paragraph (1) for each fiscal year, shall reserve not to exceed $3,000,000 in each such year for the Director of the National Institute of Education for the purpose of conducting evaluation and research activities. Such evaluation and research activities shall include— (A) a policy analysis of alternative methods to improve instruction in mathematics and science; (B) an annual evaluation of the programs assisted under this title; and (C) research on improving teacher training, retraining, inservice training, and retention, as well as the development of curriculum and materials in the fields of mathematics and science. One-half of the funds reserved under this paragraph shall be used for the research activities described in clause (C). (c) From 25 per centum of the amount available in each fiscal year, the Secretary shall make grants to institutions of higher education for the improvement and expansion of instruction in critical foreign languages. (d) In determining which languages are critical to national security, economic, and scientific needs, the Secretary shall consult with the Secretary of State, the Secretary of Defense, the Secretary of Health and Human Services, and the Director of the National Science Foundation. The Secretary shall publish in the Federal Register a list of critical foreign languages. PAYMENTS

20 USC 3973.

SEC. 213. (a) From the amounts appropriated under section 203(b), the Secretary shall pay, in accordance with the provisions of this title, the costs of the programs and activities described in the application approved under section 209, and the costs of programs of national significance under section 211. (b) Payments under this title shall be made as soon after approval of the application as practicable.

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98 STAT. 1283

TITLE III—NATIONAL SCIENCE FOUNDATION PROGRAM FOR PARTNERSHIPS IN EDUCATION FOR MATHEMATICS, SCIENCE, AND ENGINEERING

Partnerships in Education for Mathematics, Science, and Engineering Act.

SHORT TITLE

S]EC. 301. This title may be cited as the "Partnerships in Education for Mathematics, Science, and Engineering Act".

20 USC 3981 note.

STATEMENT OF PURPOSE

SEC. 302. It is the purpose of this title to supplement State and 20 USC 3981. local resources to— (1) improve the quality of instruction in the fields of mathematics, science, and engineering in the State; (2) furnish additional resources and support for research, student scholarships, and faculty exchange programs in the fields of mathematics, science, and engineering; and (3) encourage partnerships in education between the business Business and community, institutions of higher education, and elementary industry. and secondary schools in the community. DEFINITIONS

SEC. 303. As used in this title— 20 USC 3982. (1) the term "applicant" means with respect to activities described in section 305(a) an institution of higher education and the other participants described in paragraph (3) of section 305(a), and with respect to activities described in section 305(b) a local educational agency and the other participants described in paragraph (3) of section 305(b); (2) the term "equipment" includes machinery, utilities, and built-in equipment and any necessary enclosures or structures to house them, and includes all other items necessary for the functioning of a particular facility as a facility for the provision of educational services, including items such as instructional equipment and necessary furniture, printed, published, and audio-visual instructional materials, and books, periodicals, documents, and other related materials; (3) the term "Foundation" means the National Science Foundation; (4) the term "institution of higher education" has the same meaning given that term by section 1201(a) of the Higher Education Act of 1965; 20 USC 1141. (5)' the term "States" includes the fifty States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands, the Trust Territory of the Pacific Islands, and the Northern Mariana Islands; and (6) the term "State agency for higher education" means the State board of higher education or other agency or officer primarily responsible for the State supervision of higher education, or if there is no such officer or agency, an officer or agency designated by the Governor or by State law.

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