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Page:United States Statutes at Large Volume 100 Part 2.djvu/22

 xxii PUBLIC

LIST OF PUBLIC LAWS LAW

99-580 99-581

99-582 99-583 99-584 99-585

99-586 99-587

99-588

99-589 99-590 99-591 99-592 99-593

99-594 99-595 99-596 99-597

99-598

99-599 99-600 99-601 99-602 99-603 99-604 99-605 99-606

•Xvt-^'-

To designate October 23, 1986, as "National Kidney Program Day". To amend the District of Columbia Stadium Act of 1957 to direct the Secretary of the Interior to convey title to the Robert F. Kennedy Memorial Stadium to the District of Columbia. Bicentennial of the Constitution Coins Act Relating to the Indiana Dunes National Lakeshore, and for other purposes. Texas Wilderness Act Amendments of 1986 To designate the United States Courthouse at 68 Court Street, Buffalo, New York, as the "Michael J. Dillon Memorial United States Courthouse". To amend title 5, United States Code, to provide that certain individuals be accorded competitive status for purposes of transferring to the competitive service. To direct the release, on behalf of the United States, of certain conditions and reservations contained in a conveyance of land to the State of Utah, and for other purposes. To designate the United States Courthouse for the Eastern District of Virginia in Alexandria, Virginia, as the "Albert V. Bryan United States Courthouse". Designating the week beginning January 4, 1987, as "National Bowling Week". To amend the Wild and Scenic Rivers Act, and for other purposes. Making continuing appropriations for the fiscal year 1987, and for other purposes. Age Discrimination in Employment Amendments of 1986 To designate the United States Attorney's Building for the Southern District of New York as the "Silvio James MoUo Federal Building". To authorize the construction by the Secreta^ of Agriculture of a salinity laboratory at Riverside, California. To extend the exclusion from Federal unemployment tsix of wages paid to certain alien farmworkers. To authorize the Secretary of the Navy to make a certain conveyance of real property. To authorize the President to promote posthumously the late Lieutenant Colonel Ellison S. Onizuka to the grade of Colonel. To amend title 28, United States Code, relating to quiet title actions against the United States, with respect to actions brought by States. To designate the building commonly known as the Old Post Office in Worcester, Massachusetts, as the "Harold D. Donohue Federal Building". To declare that the United States holds certain public domain lands in trust for the Pueblo of Zia. To amend the National Housing Act to provide for the eligibility of certain property for single family mortgage insurance. To designate 1988 as the "National Year of Friendship with Finland". Immigration Reform and Control Act of 1986 To recognize the Army and Navy Union of the United States of America. Refugee Assistance Extension Act of 1986 To withdraw certain public lands for military purposes, and for other purposes.

DATE

PAGE

Oct. 28, 1986

3312

Oct. 29, 1986

3313

Oct. 29, 1986 Oct. 29, 1986

3315 3318

Oct. 29, 1986 Oct. 29, 1986

3322 3324

Oct. 29, 1986

3325

Oct. 29, 1986

3326

Oct. 29, 1986

3328

Oct. 29, 1986

3329

Oct. 30, 1986

3330

Oct. 30, 1986

3341

Oct. 31, 1986 Oct. 31, 1986

3342 3346

Oct. 31, 1986

3347

Oct. 31, 1986

3348

Nov. 3, 1986

3349

Nov. 3, 1986

3350

Nov. 4, 1986

3351

Nov. 5, 1986

3353

Nov. 5, 1986

3354

Nov. 5, 1986

3357

Nov. 5, 1986

3358

Nov. 6, 1986 Nov. 6, 1986

3359 3446

Nov. 6, 1986 Nov. 6, 1986

3449 3457

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Page:United States Statutes at Large Volume 100 Part 2.djvu/23

 LIST OF PUBLIC LAWS DATE

PUBLIC LAW

99-607 99-608 99-609 99-610

99-611 99-612 99-613 99-614

99-615 99-616 99-617 >.

99-618

99-619 99-620 99-621 99-622

99-623 99-624 99-625 99-626

XXlll

To authorize appropriations for the Patent and Trademark Office in the Department of Commerce, and for other purposes. To authorize funds to preserve the official papers of Joseph W. Martin, Jr. Community Development Credit Union Revolving Loan Fund Transfer Act. To authorize the establishment of a memorial on Federal land in the District of Columbia and its environs to honor women who have served in the Armed Forces of the United States. To designate the week beginning May 3, 1987 as "National Correctional Officers Week. Calling for recognition of United Way's one hundredth anniversary. Providing for the convening of the first session of the One hundredth Congress. To confirm a conveyance of certain real property by the Southern Pacific Transportation Company to Ernest Pritchett and his wife, Dianna Pritchett, and for other purposes. To change the name of the Loxahatchee National Wildlife Refuge, Florida, to the Arthur R. Marshall Loxahatchee National Wildlife Refuge. To amend the patent laws implementing the Patent Cooperation Treaty. To authorize the Board of Regents of the Smithsonian Institution to construct the Charles McC. Mathias, Jr. Laboratory for Environmental Research in Edgewater, Maryland, and to designate the United States Courthouse and Customhouse in Louisville, Kentucky, as the "Gene Snyder United States Courthouse and Customhouse". To authorize the Secretary of Transportation to release restrictions on the use of certain property conveyed to the Peninsula Airport Commission, Virginia, for airport purposes. Department of Labor Executive Level Conforming Amendments of 1986. Authorizing establishment of a memorial to honor the American Armored Force. Providing for reappointment of Murray Gell-Mann as a citizen regent of the Board of Regents of the Smithsonian Institution. To express the sense of Congress on recognition of the contributions of the seven Challenger astronauts by supporting establishment of a Children's Challenge Center for Space Science. Reaffirming our friendship and sympathy with the people of El Salvador following the deveistating earthquake of October 10, 1986. To establish a commission for the purpose of encouraging and providing for the commemoration of the centennial of the birth of President Dwight David Eisenhower. To improve the operation of certain fish and wildlife programs. Recreational Boating Safety Act of 1986

PAGE

Nov. 6, 1986

3470

Nov. 6, 1986

3473

Nov. 6, 1986

3475

Nov. 6, 1986

3477

Nov. 6, 1986

3478

Nov. 6, 1986

3479

Nov. 6, 1986

3480

Nov. 6, 1986

3481

Nov. 6, 1986

3484

Nov. 6, 1986

3485

Nov. 6, 1986

3488

Nov. 6, 1986

3490

Nov. 6, 1986

3491

Nov. 6, 1986

3493

Nov. 6, 1986

3494

Nov. 6, 1986

3495

Nov. 6, 1986

3496

Nov. 7, 1986

3497

Nov. 7, 1986

3500

Nov. 7, 1986

3504

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Page:United States Statutes at Large Volume 100 Part 2.djvu/24

 xxiv PUBLIC LAW

99-627 j.-^-,|^j <3Vt»ti,. 99-628 99-629

99-630 99-631 99-632 99-633 99-634 99-635 99-636 99-637 99-638

J,,^ " * 99-639 99-640 99-641 99-642 99-643 99-644

99-645 99-646 99-647 99-648 99-649 99-650 99-651

LIST OF PUBLIC LAWS ,1

To amend section 3726 of title 31, United States Code, relating to payment for transportation, to permit prepayment audits for selected transportation bills, to permanently authorize payment of transportation audit contractors from carrier overpayments collected, to authorize net overpayments collected to be transferred to the Treasury, and for other purposes. Child Sexual Abuse and Pornography Act of 1986 To designate the week beginning January 19, 1987, as "Shays' Rebellion Week" and Sunday, January 25, 1987, as "Shays' Rebellion Day". Calling for a wildlife sanctuary for humpback whales in the West Indies. To make corrections in the Comprehensive Anti-Apartheld Act of 1986. To provide for the transfer of certain lands in the State of Arizona, and for other purposes. To authorize appropriations to carry out the Export Administration Act of 1979 and export promotion activities. Anti-Kickback Enforcement Act of 1986 To revise the boundaries of Olympic National Park and Olympic National Forest in the State of Washington, and for other purposes. To provide for the naming or renaming of certain buildings of the United States Postal Service. To authorize the acquisition and development of a mainland tour boat facility for the Fort Sumter National Monument, South Carolina, and for other purposes. To amend title 5, United States Code, to credit time spent in the Cadet Nurse Corps during World War II as creditable service for civil service retirement; and to provide civil service retirement credit for certain employees and former employees of nonappropriated fund instrumentalities under the jurisdiction of the Armed Forces. Immigration Marriage Fraud Amendments of 1986 Coast Guard Authorization Act of 1986 Futures Trading Act of 1986 To designate the Federal Building at 111 W. Huron Street, Buffalo, New York, as the "Thaddeus J. Dulski Federal Building". Employment Opportunities for Disabled Americans Act... To amend the Alaska National Interest Lands Conservation Act of 1980 to clarify the treatment of submerged lands and ownership by the Alaskan Native Corporation. Emergency Wetlands Resources Act of 1986 Criminal Law and Procedure Technical Amendments Act of 1986. To establish the Blackstone River Valley National Heritage Corridor in Msissachusetts and Rhode Island. To clarify the exemptive authority of the Securities and Exchange Commission. Injury Prevention Act of 1986 District of Columbia Jury System Act To amend section 3006A of title 18, United States Code, to improve the delivery of legal services in the criminal justice system to those persons financially unable to obtain adequate representation, and for other purposes.

DATE

'f^''

PAGE

Nov. 7, 1986

3508 ., ••
 * j

Nov. 7, 1986 Nov. 7, 1986

'i 3510 3513

Nov. 7, 1986

3514

Nov. 7, 1986

3515

Nov. 7, 1986

3520

Nov. 7, 1986

3522

Nov. 7, 1986 Nov. 7, 1986

3523 3527

Nov. 7, 1986

3530

Nov. 7, 1986

3532

Nov. 10, 1986

3535

Nov. Nov. Nov. Nov.

10, 10, 10, 10,

r;,.;

1986 1986 1986 1986

3537 3545 3556 3573

Nov. 10, 1986 Nov. 10, 1986

3574 3581

Nov. 10, 1986 Nov. 10, 1986

3582 3592

Nov. 10, 1986

3625

Nov. 10, 1986

3632

Nov. 10, 1986 Nov. 14, 1986 Nov. 14, 1986

3633 3635 3642

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Page:United States Statutes at Large Volume 100 Part 2.djvu/25

 LIST OF PUBLIC LAWS PUBLIC LAW

99-652 99-653 99-654 99-655 99-656 99-657 99-658 99-659 99-660 99-661 99-662 99-663 99-664

XXV DATE

To provide standards for placement of commemorative works on certain Federal lands in the District of Columbia and its environs, and for other purposes. Immigration and Nationality Act Amendments of 1986.... Sexual Abuse Act of 1986 Entitled the "Lower Colorado Water Supply Act" To amend the interest provisions of the Declaration of Taking Act. Judicial Housekeeping Act of 1986 To approve the "Compact of Free Association" between the United States and the Government of Palau, and for other purposes. To amend certain provisions of the law regarding the fisheries of the United States, and for other purposes. To require States to develop, establish, and implement State comprehensive mental health plans. National Defense Authorization Act for Fiscal Year 1987. Water Resources Development Act of 1986 Columbia River Gorge National Scenic Area Act Haida Land Exchange Act of 1986

PAGE

Nov. 14, 1986

3650

Nov. Nov. Nov. Nov.

1986 1986 1986 1986

3655 3660 3665 3668

Nov. 14, 1986 Nov. 14, 1986

3670 3672

Nov. 14, 1986

3706

Nov. 14, 1986

3743

Nov. Nov. Nov. Nov.

3816 4082 4274 4303

14, 14, 14, 14,

14, 17, 17, 17,

1986 1986 1986 1986

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Page:United States Statutes at Large Volume 100 Part 2.djvu/26

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Page:United States Statutes at Large Volume 100 Part 2.djvu/27

 LIST OF BILLS ENACTED INTO PRIVATE LAW THE NINETY-NINTH CONGRESS OF THE UNITED STATES SECOND SESSION, 1986

BILL

PRIVATE LAW

BILL

PRIVATE LAW

BILL

PRIVATE LAW

H.R. 483 H.R. 737 H.R. 1010 H.R. 1260

99-5 99-2 99-22 99-13

H.R. 1757 H.R. 2574 H.R. 2991 H.R. 3093

99-7 99-23 99-4 99-8

H.R. 5016 ^ ^^ §• ixA

99-19 ^^ _ 99-16 XrfH

H.R. 1529

99-15

H.R. 3154

99-9

S ooo

QQ_24

H.R. 1598 H.R. 1693 H.R. 1783

99-18 99-6 99-14

H.R. 3323 H.R. 3365 H.R. 3577

99-10 99-11 99-12

s" 381 99-1 s! 1027".!;!;;;!*.!!!!'.!; 99-3 S. 1895 99-21 xxvii

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 �


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Page:United States Statutes at Large Volume 100 Part 2.djvu/29

 LIST OF PRIVATE LAWS CONTAINED IN THIS VOLUME

PRIVATE LAW

99-1 99-2 99-3 99-4 99-5 99-6 99-7 99-8 99-9 99-10 99-11 99-12 99-13 99-14 99-15 99-16 99-17 99-18 99-19 99-20 99-21 99-22 99-23 99-24

DATE

For the relief of Mishleen Earle For the relief of Ms. Chang Ai Bae For the relief of Kenneth David Franklin For the relief of Betsy L. Randall For the relief of Ekiwin Marcos Rios (also known as Marcos Edwin Rios) and Geovanna Rios. For the relief of Enrique Montano Ugarte For the relief of Leonard Leslie Gamble For the relief of Juan Ricardo McRae For the relief of John Patrick Brady, Ann M. Brady, and Mark P. Brady. For the relief of Alexander Lockwood For the relief of Mountaha Bou-AssaU Saad For the relief of Milanie C. Escobal Norman For the relief of Joe Herring For the relief of Mary E. Stokes For the relief of Gerald M. Hendley For the relief of Cirilo Raagas Costa and Wilma Raagas Costa. For the relief of Catherine and Robert Fossez For the relief of Steven McKenna For the relief of Sueng Ho Jang and Sueng II Jang For the relief of Elga Bouilliant-Linet For the relief of Marlboro County General Hospital Charity, of Bennettsville, South Carolina. For the relief of Audrey O. Lewis and Emerson B. Vereen. For the relief of the survivors of Christopher Eney For the relief of Ramzi Sallomy and Marie Sallomy

PAGE

May 15, 1986 May 20, 1986 June 19, 1986 Aug. 7, 1986 Aug. 23, 1986

4313 4313 4314 4314 4314

Aug. Aug. Aug. Aug.

23, 1986 23, 1986 23, 1986 23, 1986

4815 4315 4316 4316

Aug. 23, 1986 Aug. 23, 1986 Aug. 23, 1986 Aug. 28, 1986 Sept. 23, 1986 Sept. 25, 1986 Sept. 25, 1986

4316 4317 4317 4318 4318 4319 4319

Sept. 30, 1986 Oct. 21, 1986 Oct. 21, 1986 Oct. 27, 1986 Oct. 27, 1986

4320 4320 4321 4322 4322

Oct. 29, 1986

4324

Nov. 3, 1986 Nov. 7, 1986

4324 4325

xxix

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Page:United States Statutes at Large Volume 100 Part 2.djvu/31

 >Hi;f

.

...,n

'•

•-

-

,

• -i

t

LIST OF CONCURRENT RESOLUTIONS ^^'

CON. RES.

CONTAINED IN THIS VOLUME

'' *• *

H. Con. Res. 268.... H. Con. Res. 274.... S. Con. Res. 107 H. Con. Res. 276.... S. Con. Res. 114 H. Con. Res. 278.... H. Con. Res. 304.... H. Con. Res. 305.... S. Con. Res. 127 S. Con. Res. 128 S. Con. Res. 133 S. Con. Res. 126 H. Con. Res. 329.... S. Con. Res. 144 H. Con. Res. 311.... S. Con. Res. 95 S. Con. Res. 142 H. Con. Res. 340.... H. Con. Res. 346.... S. Con. Res. 152 H. Con. Res. 362.... H. Con. Res. 364.... S. Con. Res. 120 H. Con. Res. 325.... H. Con. Res. 326.... H. Con. Res. 368.... H. Con. Res. 371.... H. Con. Res. 374.... S. Con. Res. 161 H. Con. Res. 288.... H. Con. Res. 301.... H. Con. Res. 380....

DATE

Joint meeting Joint meeting Adjournment—House of Representatives and Senate Indian students—Department of Education grants.... Enrollment corrections—H.R. 1614 National TRIO Day Adjournment—House of Representatives and Senate Enrollment corrections—H.R. 3128 Commercial tied aid credits—Restrictions Australia bicentennial celebration John McMahon—Honoring upon retirement from distinguished public service. Days of Remembrance of Victims of the Holocaust— Capitol rotunda ceremony. Natan (Anatoly) Shcharansky—Welcoming ceremony and continued freedom efforts for all Soviet Jews. Adjournment—House of Representatives and Senate 1986 District of Columbia Special Olympics Torch Relay. Consumers Union of United States, Inc.— Recognition. Enrollment corrections—H.R. 2672 Enrollment corrections—H.R. 3570 Enrollment corrections—S. 124 Enrollment correction—S. 2414 Statue of Liberty ceremony—Moment of silence for American captives in Lebanon. Adjournment—House of Representatives and Senate Federal budget—Fiscal years 1987-1989 Berlin—Continued U.S. commitment and commendation on fiftieth anniversary celebration of Jesse Owens' 1936 Olympic games victories. Berlin—U.S. commitment to its people and condemnation of the Berlin Wall. Enrollment corrections—H.J. Res. 672 Enrollment correction—H.R. 3511 Adjournment limitations—House of Representatives and Senate. Enrollment correction—H.R. 4329 "U.N. Conference to Review and Appraise the U.N. Decade for Women: Report of Congressional Staff Advisors to the Nairobi Conference"—Printing. President's message—Rescissions, deferrals, and revised deferrals of budget authority. Adjournment—House of Representatives and Senate

PAGE

Jan. 22, 1986 Jan. 28, 1986 Feb. 6, 1986 Feb. 7, 1986 Mar. 11, 1986.... Mar. 21, 1986.... Mar. 24, 1986.... Mar. 26, 1986.... Apr. 14, 1986 Apr. 17, 1986 Apr. 29, 1986

4329 4329 4329 4329 4331 4331 4332 4332 4347 4348 4348

May 1, 1986

4349

May 8, 1986

4350

May 21, 1986 May 21, 1986

4351 4351

May 22, 1986

4352

May 22, 1986 June 6, 1986 June 6, 1986 June 24, 1986.... June 26, 1986....

4352 4353 4353 4353 4354

June 26, 1986.... 4354 June 27, 1986.... 4354 July 15, 1986 4371 July 15, 1986

4372

July 17, 1986 July 22, 1986 July 31, 1986

4373 4373 4373

Aug. 15, 1986.... 4374 Aug. 15, 1986.... 4374 Aug. 15, 1986.... 4374 Aug. 16, 1986.... 4374

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Page:Amazing Stories Volume 01 Number 01.djvu/42

40 Ben Zoof became calm and content, and began to make various inquiries. "And what has become," he said, "of all our old comrades in Africa?"

"As far as I can tell you," answered the captain, "they are all in Africa still; only Africa isn't by any means where we expected to find it."

"And France? Montmartre?" continued Ben Zoof eagerly. Here was the cry of the poor fellow's heart.

As briefly as he could, Servadac endeavored to explain the true condition of things; he tried to communicate the fact that Paris, France, Europe, nay, the whole world was more than eighty millions of leagues away from Gourbi Island; as gently and cautiously as he could he expressed his fear that they might never see Europe, France, Paris, Montmartre again.

"No, no, sir!" protested Ben Zoof emphatically; "that is all nonsense. It is altogether out of the question to suppose that we are not to see Montmartre again." And the orderly shook his head resolutely, with the air of a man determined, in spite of argument, to adhere to his own opinion.

"Very good, my brave fellow," replied Servadac, "hope on, hope while you may. The message has come to us over the sea, 'Never despair'; but one thing, nevertheless, is certain; we must forthwith commence arrangements for making this island our permanent home."

Captain Servadac now led the way to the gourbi, which, by his servant's exertions, had been entirely rebuilt; and here he did the honors of his modest establishment to his two guests, the count and the lieutenant, and gave a welcome, too, to little Nina, who had accompanied them on shore, and between whom and Ben Zoof the most friendly relations had already been established.

The adjacent building continued in good preservation, and Captain Servadac's satisfaction was very great in finding the two horses, Zephyr and Galette, comfortably housed in there and in good condition.

After the enjoyment of some refreshment, the party proceeded to a general consultation as to what steps must be taken for their future welfare. The most pressing matter that came before them was the consideration of the means to be adopted to enable the inhabitants of Gallia to survive the terrible cold, which, in their ignorance of the true eccentricity of their orbit, might, for aught they knew, last for an almost indefinite period. Fuel was far from abundant; of coal there was none; trees and shrubs were few in number, and to cut them down in prospect of the cold seemed a very questionable policy; but there was no doubt that some expedient must be devised to prevent disaster, and that without delay.

The victualing of the little colony offered no immediate difficulty. Water was abundant, and the cisterns could hardly fail to be replenished by the numerous streams that meandered along the plains; moreover, the Gallian Sea would ere long be frozen over, and the melted ice, (water in its congealed state being divested of every particle of salt) would afford a supply of drink that could not be exhausted. The crops that were now ready for the harvest, and the flocks and herds scattered over the island, would form an ample reserve. There was little doubt that throughout the winter the soil would remain unproductive, and no fresh fodder for domestic animals could then be obtained; it would therefore be necessary, if the exact duration of Gallia's year should ever be calculated, to proportion the number of animals to be reserved to the real length of the winter.

The next thing requisite was to arrive at a true estimate of the number of the population. Without including the thirteen Englishmen at Gibraltar, about whom he was not particularly disposed to give himself much concern at present, Servadac put down the names of the eight Russians, the two Frenchman, and the little Italian girl, eleven in all, as the entire list of the inhabitants of Gourbi Island.

"Oh, pardon me," interposed Ben Zoof, "you are mistaking the state of the case altogether. You will be surprised to learn that the total of people on the island is double that. It is twenty-two."

"Twenty-two!" exclaimed the captain; "twenty-two people on this island? What do you mean?"

"The opportunity has not occurred," answered Ben Zoof, "for me to tell you before, but I have had company."

"Explain yourself, Ben Zoof," said Servadac. "What company have you had?"

"You could not suppose," replied the orderly, "that my own unassisted hands could have accomplished all that harvest work that you see has been done."

"I confess," said Lieutenant Procope, "we do not seem to have noticed that."

"Well, then," said Ben Zoof, "if you will be good enough to come with me for about a mile, I shall be able to show you my companions. But we must take our guns,"

"Why take our guns?" asked Servadac. "I hope we are not going to fight."

"No, not with men," said Ben Zoof; "but it does not answer to throw a chance away for giving battle to those thieves of birds."

Leaving little Nina and her goat in the gourbi, Servadac, Count Timascheff, and the lieutenant, greatly mystified, took up their guns and followed the orderly. All along their way they made unsparing slaughter of the birds that hovered over and around them. Nearly every species of the feathered tribe seemed to have its representative in that living cloud. There were wild ducks in thousands; snipe, larks, rooks, and swallows; a countless variety of sea-birds—widgeons, gulls, and seamewe; beside a quantity of game—quails, partridges, and woodcocks. The sportsmen did their best; every shot told; and the depredators fell by dozens on either hand.

Instead of following the northern shore of the island, Ben Zoof cut obliquely across the plain. Making their progress with the unwonted rapidity which was attributable to their specific lightness, Servadac and his companions soon found themselves near a grove of sycamores and eucalyptus massed in picturesque confusion at the base of a little hill. Here they halted.

"Ah! the vagabonds! the rascals! the thieves!" suddenly exclaimed Ben Zoof, stamping his foot with rage.

"How now? Are your friends the birds at their pranks again?" asked the captain.

"No, I don't mean the birds: I mean those lazy beggars that are shirking their work. Look here;


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Page:United States Statutes at Large Volume 100 Part 2.djvu/32

 LIST OF CONCURRENT RESOLUTIONS

XXXll CON. RES.

DATE

H. Con. Res. 375. H. Con. Res. 394. H. Con. Res. 67... S. Con. Res. 143.. H. Con. Res. 332. H. Con. Res. 400. H. Con. Res. 401. H. Con. Res. 391. H. Con. Res. 404 H. Con. Res S. Con. Res. S. Con. Res. H. Con. Res H. Con. Res S. Con. Res. H. Con. Res

^r'.'.p

411.... 168 171 412.... 414.... 174 417....

"We The People"—Official congressional calendar for Constitution bicentennial. Enrollment corrections—S. 1965 Grandparents' rights—Visitation with grandchildren. United Nations Orderly Departure Program for Vietnam —Resumption. Soviet Union—Incarceration of Ukrainian and other Helsinki monitoring groups. Enrollment correction—H.R. 4021 Enrollment corrections—S. 2069 Voice of America and RFE/RL, Incorporated—Radio broadcast interference from Soviet Union, Poland, and Czechoslovakia. Dr. Naum Meiman and Inna Kitrosskaya-Meiman— Emigration from Soviet Union. Enrollment correction—S. 475 Enrollment correction—S. 2250 Enrollment corrections—H.J. Res. 626 Enrollment correction—S. 1200 Enrollment corrections—S. 1200 Enrollment correction—H.R. 5300 Adjournment—House of Representatives and Senate

PAGE

Sept. 24, 1986.... 4375 Sept. 25, 1986.... 4375 Sept. 29, 1986.... 4376 Sept. 30, 1986.... 4378 Oct. 1, 1986

4379

Oct. 3, 1986 Oct. 3, 1986 Oct. 9, 1986

4381 4381 4381

Oct. 16, 1986

4382

Oct. Oct. Oct. Oct. Oct. Oct. Oct.

4384 4384 4384 4385 4385 4386 4386

16, 1986 16, 1986 16, 1986 17, 1986 17, 1986 18, 1986 18, 1986

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Page:United States Statutes at Large Volume 100 Part 2.djvu/33

 - >. l "•".•

LIST OF PROCLAMATIONS CONTAINED IN THIS VOLUME

PROC.

DATE

5424 5425

Made in America Month, 1985 To Amend the Quantitative Limitations on Imports of Certain Cheeses. National Fetal Alcohol.Syndrome Awareness Week, 1986 Save Your Vision Week, 1986 National Poison Prevention Week, 1986 National Day of Prayer, 1986 National Sanctity of Human Life Day, 1986 Martin Luther King, Jr. Day, 1986 National Jaycee Week, 1986 Truck and Bus Safety Week, 1986 Death of American Astronauts on Board Space Shuttle Challenger. American Heart Month, 1986 Sesquicentennial Year of the National Library of Medicine, 1986. Suspending Most-Favored-Nation Status for Afghanistan. National Safe Boating Week, 1986 Small Business Week, 1986 National Burn Awareness Week, 1986 National Humanities Week, 1986 National Hemophilia Month, 1986 National Black (Afro-American) History Month, 1986 Hugo Lafayette Black Day, 1986 Red Cross Month, 1986 Women's History Week, 1986 Freedom of Information Day, 1986 Increase in the Rates of Duty on Certain Articles From Japan. National Agriculture Day, 1986 Afghanistan Day, 1986 National Energy Education Day, 1986 To Withdraw Preferential Treatment Under the Generalized System of Preferences for Certain Ethanol Mixtures. Amending the Generalized System of Preferences World Health Week and World Health Day, 1986 Cancer Control Month, 1986 National Organ and Tissue Donor Awareness Week, 1986 Centennial Year of the Gasoline Powered Automobile, 1986. To Designate Aruba as a Beneficiary Country for Purposes of the Generalized System of Preferences and the Caribbean Basin Economic Recovery Act. Pan American Day and Pan American Week, 1986

5426 5427 5428 5429 5430 5431 5432 5433 5434 5435 5436 5437 5438, 5439 5440 5441 5442 5443 5444 5445 5446 5447 5448 5449 5450 5451 5452 5453 5454 5455 5456 5457 5458 5459

••

-fyv.••- V

•'"

PAGE

Dec. 23, 1985 Jan. 6, 1986

4389 4389

Jan. Jan. Jan. Jan. Jan. Jan. Jan. Jan. Jan.

8, 1986 13, 1986 13, 1986 13, 1986 15, 1986 18, 1986 21, 1986 25, 1986 28, 1986

4390 4391 4392 4393 4395 4396 4397 4398 4399

Jan. 29, 1986 Jan. 29, 1986

4400 4401

Jan. 31, 1986 Feb. 3, 1986 Feb. 7, 1986 Feb. 11, 1986 Feb. 11, 1986 Feb. 21, 1986 Feb. 24, 1986 Feb. 24, 1986 Feb. 28, 1986 Mar. 4, 1986 Mar. 14, 1986 Mar. 16, 1986

4402 4402 4403 4404 4404 4405 4406 4407 4408 4409 4410 4411

Mar. Mar. Mar. Mar.

20, 1986 21, 1986 21, 1986 31, 1986

4412 4413 4414 4415

Mar. 31, 1986 Apr. 7, 1986 Apr. 7, 1986 Apr. 7, 1986 Apr. 10, 1986

4419 4422 4423 4424 4425

Apr. 11, 1986

4426

Apr. 14, 1986

4428

xxxiii

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Page:United States Statutes at Large Volume 100 Part 2.djvu/34

 XXXIV

LIST OF PROCLAMATIONS

PROC.

5460 5461 5462 5463 5464 5465 5466 5467 5468 5469 5470 5471 5472 5473 5474 5475 5476 5477 5478 5479 5480 5481 5482 5483 5484 5485 5486 5487 5488 5489 5490 5491 5492 5493 5494 5495 5496 5497 5498 5499 5500 5501 5502 5503 5504 5505 5506 5507 5508 5509

DATE

Law Day U.S.A., 1986 National Mathematics Awareness Week, 1986 National Garden Week, 1986 Education Day, U.S.A., 1986 National School Library Month, 1986 Asian/Pacific American Heritage Week, 1986 Mother's Day, 1986 Father's Day, 1986 Older Americans Month, 1986 National Reading Is Fun Week, 1986 Fair Housing Month, 1986 Loyalty Day, 1986 National Barrier Awareness Day, 1986 Naval Aviation Day, 1986 National Fishing Week, 1986 Year of the Flag Flag Day and National Flag Week, 1986 National Osteoporosis Awareness Week, 1986 Imposition of Quantitative Restrictions on Imports of Certain Articles From the European Economic Community. Jewish Heritage Week, 1986 National Defense Transportation Day and National Transportation Week, 1986. National Digestive Diseases Awareness Week, 1986 World Trade Week, 1986 Just Say No To Drugs Week, 1986 Andrei Sakharov Day National Maritime Day, 1986 Better Hearing and Speech Month, 1986 National Tourism Week, 1986 Older Americans Melanoma/Skin Cancer Detection and Prevention Week, 1986. National Farm Safety Week, 1986 Prayer for Peace, Memorial Day, 1986 National Birds of Prey Month, 1986 National Food Bank Week, 1986 Hands Across America Day, 1986 Critical Care Week, 1986 National Child Safety Month, 1986 National Neighborhood Housing Services Week, 1986 National Theatre Week, 1986 Temporary Duty Increase on the Importation Into the United States of Wood Shingles and Shakes of Western Red Cedar. National Children's Accident Prevention Week, 1986 Youth Suicide Prevention Month, 1986 Baltic Freedom Day, 1986 National Agricultural Export Week, 1986 National Interstate Highway Day, 1986 National Safety in the Workplace Week, 1986 National Save American Industry and Jobs Day, 1986 National Homelessness Awareness Week, 1986 National Literacy Day, 1986 Minority Enterprise Development Week, 1986 Let Freedom Ring Day, 1986

PAGE

Apr. 16, 1986.. Apr. 17, 1986.. Apr. 18, 1986.. Apr. 19, 1986.. Apr. 22, 1986.. Apr. 22, 1986.. Apr. 22, 1986.. Apr. 22, 1986.. Apr. 23, 1986.. Apr. 24,, 1986.. Apr. 30, 1986.. May 1, 1986.... May 7, 1986..., May 8, 1986.... May 8, 1986..., May 12, 1986., May 12, 1986., May 13 1986., May 15 1986.,

4428 4430 4430 4431 4432 4432 4433 4434 4435 4436 4437 4437 4438 4439 4439, 4440 4441 . 4442 , 4443

May 15 1986. May 15 1986.,

. 4447, 4447

May 17 May 19 May 20, May 20 May 20, May 21 May 21 May 21

1986. 1986. 1986. 1986., 1986. 1986. 1986. 1986.

, 4448, 4449 . 4451 . 4452 . 4453 , 4454 . 4455 , 4455

May 21 1986. May 22, 1986. May 22 1986. May 23 1986. May 23 1986. May 25, 1986. May 28, 1986. May 30, 1986. May 30, 1986. June 6, 1986..

. 4457 . 4457 . 4458 . 4459, 4460 . 4461 , 4462 , 4463 . 4464 . 4465

June 7, 1986 June 10, 1986 June 12, 1986 June 19, 1986 June 19, 1986 June 19, 1986 June 21, 1986 June 25, 1986 July 1, 1986 July 1, 1986 July 2, 1986

4466 4467 4467 4468 4469 4470 4470 4471 4472 4473 4473

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 LIST OF PROCLAMATIONS PROC.

5510 5511 5512 5513 5514 5515 5516 5517 5518 5519 5520 5521 5522 5523 5524 5525 5526 5527 5528 5529 5530 5531 5532 5533 5534 5535 5536 5537 5538 5539 5540 5541 5542 5543 5544 5545 5546 5547 5548 5549 5550 5551 5552 5553 5554

xxxv DATE

National Immigrants Day, 1986 National Air Traffic Control Day, 1986 Captive Nations Week, 1986 National Family Reunion Weekend, 1986 National Nuclear Medicine Week, 1986 Helsinki Human Rights Day, 1986 National Neighborhood Crime Watch Day, 1986 Suspension of Cuban Immigration Women's Equality Day, 1986 Adult Literacy Awareness Month, 1986 National P.O.W./M.I.A. Recognition Day, 1986 Federal Lands Cleanup Day, 1986 National Hispanic Heritage Week, 1986 Lupus Awareness Month, 1986 National Employ the Handicapped Week, 1986 National Infection Control Week, 1986 and 1987 Citizenship Day and Constitution Week, 1986 World Food Day, 1986 National Historically Black Colleges Week, 1986 National School-Age Child Care Awareness Week, 1986.... Ethnic American Day, 1986 Emergency Medical Services Week, 1986 American Business Women's Day, 1986 Child Health Day, 1986 Veterans Day, 1986 Fire Prevention Week, 1986 National Outreach to the Rural Disabled Day, 1986 National Drug Abuse Education and Prevention Week and National Drug Abuse Education Day, 1986. Mental Illness Awareness Week, 1986 National Fire Fighters Day, 1986 General Pulaski Memorial Day, 1986 Columbus Day, 1986 American Liver Foundation National Liver Awareness Month, 1986. National Down Syndrome Month, 1986 National Spina Bifida Month, 1986 National Job Skills Week, 1986 National School Lunch Week, 1986 Leif Erikson Day, 1986 Polish American Heritage Month, 1986 National Children's Television Awareness Week, 1986 White Cane Safety Day, 1986 Thanksgiving Day, 1986 National Institutes of Health Centennial Year National Forest Products Week, 1986 Gaucher's Disease Awareness Week, 1986

PAGE

July 2, 1986 July 3, 1986 July 21, 1986 July 29, 1986 July 29, 1986 Aug. 1, 1986 Aug. 12, 1986 Aug. 22, 1986 Aug. 26, 1986 Aug. 27, 1986 Aug. 28, 1986 Sept. 5, 1986 Sept. 10, 1986 Sept. 10, 1986 Sept. 10, 1986 Sept. 15, 1986 Sept. 17, 1986 Sept. 18, 1986 Sept. 20, 1986 Sept. 20, 1986 Sept. 20, 1986 Sept. 22, 1986 Sept. 22, 1986 Sept. 23, 1986 Sept. 23, 1986 Sept. 30, 1986 Oct. 4, 1986 Oct. 6, 1986

4474 4475 4476 4477 4478 4478 4479 4480 4481 4482 4483 4483 4484 4485 4486 4487 4488 4489 4490 4491 4492 4492 4493 4494 4494 4495 4496 4497

Oct. Oct. Oct. Oct. Oct.

8 8 8 8 8

1986 1986 1986 1986 1986

4498 4499 4500 4501 4502

Oct. Oct. Oct. Oct. Oct. Oct. Oct. Oct. Oct. Oct. Oct. Oct.

1986 8 1986 8 1986 8 1986 8 1986 9 ^ 13, 1986 13, 1986 13, 1986 13, 1986 15, 1986 15, 1986 17, 1986

4502 4503 4504 4505 4506 4506 4507 4508 4509 4510 4511 4512

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Page:United States Statutes at Large Volume 100 Part 2.djvu/36

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Page:United States Statutes at Large Volume 100 Part 2.djvu/37

 PUBLIC LAWS (CONTINUED)

71-19A 0 - 89 - 3: QL. 3 Part2

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Page:United States Statutes at Large Volume 100 Part 2.djvu/38

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Page:United States Statutes at Large Volume 100 Part 2.djvu/39

 PUBLIC LAW 99-453—OCT. 8, 1986

100 STAT. 1141

Public Law 99-453 99th Congress Joint Resolution To designate October 1986 as "Polish American Herithge Month".

Whereas, since the 1st immigration of Polish settlers to Jamestown in the 17th century, Poles and Americans of Polish descent have distinguished themselves by contributing to the development of arts, sciences, government, military service, athletics, and education in the United States; Whereas Kazimierz Pulaski, Tadeusz Kosciuszko, and other sons of Poland came to our shores to fight in the American War of Independence and to give their lives and fortunes for the creation of the United States; Whereas the Polish Constitution of May 3, 1791, was modeled directly on the Constitution of the United States, is recognized as the 2d written constitution in history, and is revered by Poles and Americans of Polish descent; Whereas Americans of Polish descent and Americans sympathetic 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 the greatest son of Poland, His Holiness Pope John Paul II; Whereas Poles and Americans of Polish descent take great pride in and honor Nobel Peace Prize laureate Lech Walesa, the founder of the Solidarity Labor Federation; Whereas the Solidarity Labor Federation was founded in August 1980 and is continuing its struggle against oppression by the Government of Poland; and Whereas the Polish American Congress is observing its 42d anniversary this year and is celebrating October 1986 as Polish American Heritage Month: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled. That October 1986 is designated "Polish American Heritage Month", and the President of the United States is authorized and requested to issue a proclamation calling upon the people of the United States to observe such month with appropriate ceremonies and activities. Approved October 8, 1986.

LEGISLATIVE HISTORY—H.J. Res. 547: CONGRESSIONAL RECORD, Vol. 132 (1986): July 24, considered and passed House. Sept. 24, considered and passed Senate.

Oct. 8, 1986 [H.J. Res. 547]

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Page:United States Statutes at Large Volume 100 Part 2.djvu/40

 100 STAT. 1142

PUBLIC LAW 99-454—OCT. 8, 1986

Public Law 99-454 99th Congress Joint Resolution Oct. 8, 1986 [H.J. Res. 611]

To designate the period of December 1, 1986, through December 7, 1986, as "National Aplastic Anemia Awareness Week".

Whereas aplastic anemia is a rare but extremely serious disorder that results from the unexplained failure of the bone marrow to produce blood cells; Whereas aplastic anemia fatally strikes 2,000 Americans of all ages each year; Whereas the causes of aplastic anemia are not known and there is only a limited understanding of how to treat the disease; and Whereas increased public education on aplastic anemia will facilitate the battle against all bone marrow diseases: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the period of December 1, 1986, through December 7, 1986, is designated as "National Aplastic Anemia Awareness Week" and the President is authorized and requested to issue a proclamation calling upon the American public to observe such period with appropriate activities to assure a better understanding of aplastic anemia. Approved October 8, 1986.

LEGISLATIVE HISTORY—H.J. Res. 611: CONGRESSIONAL RECORD, Vol. 132 (1986): Sept. 18, considered and passed House. Sept. 24, considered and passed Senate.

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Page:United States Statutes at Large Volume 100 Part 2.djvu/41

 PUBLIC LAW 99-455—OCT. 8, 1986

100 STAT. 1143

Public Law 99-455 99th Congress Joint Resolution To designate the week of October 12, 1986, through October 18, 1986, as "National Job Skills Week".

Whereas one of the most critical problems facing the Nation is to design and engineer a national work force that can meet the challenges of today and tomorrow; Whereas work in the United States is undergoing rapid and profound change; Whereas advances in technology will require new skills not now held by the national work force; Whereas it is predicted that during the decade beginning in 1980, businesses will experience a shortage of skilled workers; Whereas the skills of many young adults and teenagers are inadequate to perform jobs that are becoming available, thereby contributing to a much greater than normal unemployment rate among young people; Whereas the ability to maintain a competitive and productive edge necessary for a strong economy and relatively high quality of life standard are dependent on the national work force; Whereas the productivity and ability of the Nation to compete in a world economy are dependent on the national work force; and Whereas a National Job Skills Week can serve to highlight the many changes that are underway in the workplace which have necessitated the learning of new skills, concentrate attention on private and public job training efforts, and bring attention to present and future work force needs: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled. That the week of October 12, 1986, through October 18, 1986, is designated as "National Job Skills Week", and the President is authorized and requested to issue a proclamation calling upon the people of the United States and interested groups to observe such week with appropriate programs and activities. Approved October 8, 1986.

LEGISLATIVE HISTORY—H.J. Res. 721: CONGRESSIONAL RECORD, Vol. 132 (1986): Sept. 18, considered and passed House. Sept. 24, considered and passed Senate.

Oct. 8, 1986 [H.J. Res. 721]

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Page:United States Statutes at Large Volume 100 Part 2.djvu/42

 100 STAT. 1144

PUBLIC LAW 99-456—OCT. 8, 1986

Public Law 99-456 99th Congress An Act Oct. 8, 1986 [8. 1766]

To designate the Cumberland terminus of the Chesapeake and Ohio Canal Nationed Historical Park in honor of J. Glenn Beall, Sr.

Appropriation authorization.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That (a) the Cumberland terminus of the Chesapeake and Ohio Canal National Historical Park is hereby dedicated to J. Glenn Beall, Sr. in grateful recognition of his outstanding efforts to preserve and protect the canal and towpath from development. (b) In order to carry out the provisions of this Act, the Secretary of the Interior is authorized and directed to provide such identification by signs, including changes in existing signs, materials, maps, markers, or other means as will appropriately inform the public of the contributions of J. Glenn Beall, Sr. (c) The Secretary of the Interior is further authorized and directed to cause to be erected and maintained, within the exterior boundaries of the Cumberland terminus of the Chesapeake and Ohio Canal National Historical Park, an appropriate memorial to J. Glenn Beall, Sr. Such memorial shall be of such design and be located at such place as the Secretary shall determine. (d) There are authorized to be appropriated up to $25,000 to carry out the purposes of this Act. Approved October 8, 1986.

LEGISLATIVE HISTORY—S. 1766: SENATE REPORTS: No. 99-340 (Comm. on Energy and Natural Resources). CONGRESSIONAL RECORD, Vol. 132 (1986): Aug. 1, considered and passed Senate. Sept. 24, considered ana passed House.

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Page:United States Statutes at Large Volume 100 Part 2.djvu/43

 PUBLIC LAW 99-457—OCT. 8, 1986

100 STAT. 1145

Public Law 99-457 99th Congress An Act To amend the Education of the Handicapped Act to reauthorize the discretionary programs under that Act, to authorize an early intervention program under that Act for handicapped infants and toddlers and their families, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE; REFERENCE. (a) SHORT TITLE.—This Act may be cited as the "Education of the

Handicapped Act Amendments of 1986". (b) REFERENCE.—References in this Act to "the Act" are references to the Education of the Handicapped Act. TITLE I—HANDICAPPED INFANTS AND TODDLERS SEC.

Oct. 8, 1986 [S. 2294]

Education of the Handicapped Act Amendments of 1986. Contracts. Grants. 20 USC 1400 note. 20 USC 1400.

101. ADDITION OF A NEW PART RELATING TO HANDICAPPED INFANTS AND TODDLERS.

(a) AMENDMENT.—The Act is amended by inserting after the part added by section 316 the following new part: "PART H—HANDICAPPED INFANTS AND TODDLERS FINDINGS AND POLICY

"SEC. 671. (a) FINDINGS.—The Congress finds that there is an 20 USC 1471. urgent and substantial need— "(1) to enhance the development of handicapped infants and toddlers and to minimize their potential for developmental delay, "(2) to reduce the educational costs to our society, including our Nation's schools, by minimizing the need for special education and related services after handicapped infants and toddlers reach school age, "(3) to minimize the likelihood of institutionalization of handicapped individuals and maximize the potential for their independent living in society, and "(4) to enhance the capacity of families to meet the special needs of their infants and toddlers with handicaps. "(b) POLICY.—It is therefore the policy of the United States to State and local provide financial assistance to States— governments. "(1) to develop and implement a statewide, comprehensive, coordinated, multidisciplinary, interagency program of early intervention services for handicapped infants and toddlers and their families, " "(2) to facilitate the coordination of payment for early intervention services from Federal, State, local, and private sources (including public and private insurance coverage), and "(3) to enhance its capacity to provide quality early intervention services and expand and improve existing early interven-

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Page:United States Statutes at Large Volume 100 Part 2.djvu/44

 100 STAT. 1146

PUBLIC LAW 99-457—OCT. 8, 1986 tioo services being provided to handicapped infants, toddlers, and their families. "DEFINITIONS

20 USC 1472.

"SEC. 672. As used in this part ed) The term 'handicapped infants and toddlers' means individuals from birth to age 2, inclusive, who need early intervention services because they— "(A) are experiencing developmental delays, as measured by appropriate diagnostic instruments and procedures in one or more of the following areas: Cognitive development,, physical development, language and speech development,, psychosocial development, or self-help skills, or "(B) have a diagnosed physical or mental condition which has a high probability of resulting in developmental delay. Such term may also include, at a State's discretion, individuals from birth to age 2, inclusive, who are at risk of having substantial developmental delays if early intervention services are not provided. "(2) 'Early intervention services' are developmental services which— "(A) are provided under public supervision, "(B) are provided at no cost except where Federal or State law provides for a system of payments by families, including a schedule of sliding fees, (C) are designed to meet a handicapped infant's or toddler's developmental needs in any one or more of the following areas: "(i) physical development, "(ii) cognitive development, "(iii) language and speech development, "(iv) psycho-social development, or "(v) self-help skills, "(D) meet the standards of the State, including the requirements of this part, '^(E) include— "(i) family training, counseling, and home visits, "(ii) special instruction, "(iii) speech pathology and audiology, "(iv) occupational therapy, "(v) physical therapy, "(vi) psychological services, "(vii) case management services, "(viii) medical services only for diagnostic or evaluation purposes, "(ix) early identification, screening, and assessment services, and "(x) health services necessary to enable the infant or toddler to benefit from the other early intervention services, "(F) are provided by qualified personnel, including— "(i) special educators, "(ii) speech and language pathologists and audiologists, "(iii) occupational therapists, "(iv) physical therapists, "(v) psychologists,

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Page:United States Statutes at Large Volume 100 Part 2.djvu/45

 PUBLIC LAW 99-457—OCT. 8, 1986

100 STAT. 1147

"(vi) social workers, "(vii) nurses, and "(viii) nutritionists, and "(G) are provided in conformity with an individualized family service plan adopted in accordance with section 677. "(3) The term 'developmental delay' has the meaning given such term by a State under section 676(b)(1). "(4) The term 'Council' means the State Interagency Coordinating Council established under section 682. GENERAL AUTHORITY

"SEC. 673. The Secretary shall, in accordance with this part, make grants to States (from their allocations under section 684) to assist each State to develop a statewide, comprehensive, coordinated, multidisciplinary, interagency system to provide early intervention services for handicapped infants and toddlers and their families.

State and local governments. Grants. 20 USC 1473.

GENERAL ELIGIBILITY

"SEC. 674. In order to be eligible for a grant under section 673 for any fiscal year, a State shall demonstrate to the Secretary (in its application under section 678) that the State has established a State Interagency Coordinating Council which meets the requirements of section 682.

State and local governments. Grants. 20 USC 1474.

"CONTINUING ELIGIBILITY

"SEC. 675. (a) FIRST TWO YEARS.—In order to be eligible for a grant

under section 673 for the first or second year of a State's participation under this part, a State shall include in its application under section 678 for that year assurances that funds received under section 673 shall be used to assist the State to plan, develop, and implement the statewide system required by section 676. "(b) THIRD AND FOURTH YEAR.—(1) In order to be eligible for a grant under section 673 for the third or fourth year of a State's participation under this part, a State shall include in its application under section 678 for that year information and assurances demonstrating to the satisfaction of the Secretary that— "(A) the State has adopted a policy which incorporates all of the components of a statewide system in accordance with section 676 or obtained a waiver from the Secretary under paragraph (2), "(B) funds shall be used to plan, develop, and implement the statewide system required by section 676, and "(C) such statewide system will be in effect no later than the beginning of the fourth year of the State's participation under section 673, except that with respect to section 676(b)(4), a State need only conduct multidisciplinary assessments, develop individualized family service plans, and make available case management services. "(2) Notwithstanding paragraph (1), the Secretary may permit a State to continue to receive assistance under section 673 during such third year even if the State has not adopted the policy required by paragraph (I)(A) before receiving assistance if the State demonstrates in its application— "(A) that the State has made a good faith effort to adopt such a policy,

State and local governments. Grants. 20 USC 1475.

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Page:United States Statutes at Large Volume 100 Part 2.djvu/46

 100 STAT. 1148

PUBLIC LAW 99-457—OCT. 8, 1986

"(B) the reasons why it was unable to meet the timeline and the steps remaining before such a policy will be adopted, and "(C) an assurance that the policy will be adopted and go into effect before the fourth year of such assistance. "(c) FIFTH AND SUCCEEDING YEARS.—In order to be eligible for a grant under section 673 for a fifth and any succeeding year of a State's participation under this part, a State shall include in its application under section 678 for that year information and assurances demonstrating to the satisfaction of the Secretary that the State has in effect the statewide system required by section 676 and a description of services to be provided under section 676(b)(2). "(d) EXCEPTION.—Notwithstanding subsections (a) and (b), a State which has in effect a State law, enacted before September 1, 1986, that requires the provision of free appropriate public education to handicapped children from birth through age 2, inclusive, shall be eligible for a grant under section 673 for the first through fourth years of a State's participation under this part. "REQUIREMENTS FOR STATEWIDE SYSTEM

20 USC 1476.

Public information.

"SEC. 676. (a) IN GENERAL.—A statewide system of coordinated, comprehensive, multidisciplinary, interagency programs providing appropriate early intervention services to all handicapped infants and toddlers and their families shall include the minimum components under subsection (b). "(b) MINIMUM COMPONENTS.—The statewide system required by subsection (a) shall include, at a minimum— "(1) a definition of the term 'developmentally delayed' that will be used by the State in carrying out programs under this part, "(2) timetables for ensuring that appropriate early intervention services will be available to all handicapped infants and toddlers in the State before the beginning of the fifth year of a State's participation under this part, "(3) a timely, comprehensive, multidisciplinary evaluation of the functioning of each handicapped infant and toddler in the State and the needs of the families to appropriately assist in the development of the handicapped infant or toddler, "(4) for each handicapped infant and toddler in the State, an individualized family service plan in accordance with section 677, including case management services in accordance with such service plan, "(5) a comprehensive child find system, consistent with part B, including a system for making referrals to service providers that includes timelines and provides for the participation by primary referral sources, "(6) a public awareness program focusing on early identification of handicapped infants and toddlers, "(7) a central directory which includes early intervention services, resources, and experts available in the State and research and demonstration projects being conducted in the State, "(8) a comprehensive system of personnel development, "(9) a single line of responsibility in a lead agency designated or established by the Governor for carrying out— "(A) the general administration, supervision, and monitoring of programs and activities receiving assistance under section 673 to ensure compliance with this part,

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Page:United States Statutes at Large Volume 100 Part 2.djvu/47

 PUBLIC LAW 99-457—OCT. 8, 1986

100 STAT. 1149

"(B) the identification and coordination of all available resources within the State from Federal, State, local and private sources, "(O the assignment of financial responsibility to the appropriate agency, (D) the development of procedures to ensure that services are provided to handicapped infants and toddlers and their families in a timely manner pendii:^ the resolution of any disputes among public agencies or service providers, (E) the rraolution of intra- and interagency disputes, and "(F) the entry into formal interagency agreements that define the financial responsibility of each agency for paying for early intervention services (consistent with State law) and procedures for resolving disputes and that include all additional components necessary to ensure meaningful cooperation and coordination, "(10) a policy pertaining to the contracting or making of other arrangements with service providers to provide early intervention services in the State, consistent with the provisions of this part, including the (intents of the application used and the conditions of the contract or other arrangements, "(11) a procedure for securing timely reimbursement of funds used under this part in accordance with section 681(a), "(12) procedural saft^uards with respect to pn^ams under this part as required by section 680, and "(13) policies and procedures relating to the establishment and mamtenanoe of standards to ensure that personnel necessary to carry out this part are appropriately and adequately prepared and trained, induding— "(A) the establishment and maintenance of standards which are consistent with any State approved or recognized certification, licensing, r^pystration, or other comparable requirements which apjply to the area in which such personnel are providing early intervention services, and "(B) to the extent such standards are not based on the highest requirements in the State applicable to a specific profession or discipline, the steps the State is taking to require the retraining or hiring of personnel that meet appropriate professional requirements in the State, and "(14) a system for compiling data on the numbers of handicapped infants and toddlers and their families in the State in need of appropriate early intervention services (which may be based on a sampling of data), the numbers of such infants and toddlers and their families served, the types of services provided (which may be based on a sampling of data), and other information required by the Secretary. "iNDIVmUALIZED FAMILY SERVICE PLAN

"SEC. 677. (a) ASSESSMENT AND PROGRAM DEVELOPMENT.—Each

handicapped infant or toddler and the infant or toddler's family shall receive— "(1) a multidisciplinary assessment of unique needs and the identification of services appropriate to meet such needs, and "(2) a written individualized family service plan developed by a multidisciplinary teaan, including the parent or guardian, as required by subsection (d).

20 USC 1477.

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Page:United States Statutes at Large Volume 100 Part 2.djvu/48

 100 STAT. 1150

PUBLIC LAW 99-457—OCT. 8, 1986

"(b) PERIODIC REVIEW.—The individualized family service plan shall be evaluated once a year and the family shall be provided a review of the plan at 6 month-intervals (or more often where appropriate bsised on infant and toddler and family needs). "(c) PROMPTNESS AFTER ASSESSMENT.—The individualized family

20 USC 1411.

service plan shall be developed within a reasonable time after the assessment required by subsection (a)(1) is completed. With the parent's consent, early intervention services may commence prior to the completion of such assessment. "(d) CONTENT OF PLAN.—The individualized family service plan shall be in writing and contain— "(1) a statement of the infant's or toddler's present levels of physical development, cognitive development, language and speech development, psycho-social development, and self-help skills, based on acceptable objective criteria, "(2) a statement of the family's strengths and needs relating to enhancing the development of the family's handicapped infant or toddler, "(3) a statement of the major outcomes expected to be achieved for the infant and toddler and the family, and the criteria, procedures, and timelines used to determine the degree to which progress toward achieving the outcomes are being made and whether modifications or revisions of the outcomes or services are necessary, "(4) a statement of specific early intervention services necessary to meet the unique needs of the infant or toddler and the family, including the frequency, intensity, and the method of delivering services, "(5) the projected dates for initiation of services and the anticipated duration of such services, "(6) the name of the case manager from the profession most immediately relevant to the infant's and toddler's or family's needs who will be responsible for the implementation of the plan and coordination with other agencies and persons, and "(7) the steps to be taken supporting the transition of the handicapped toddler to services provided under part B to the extent such services are considered appropriate. "STATE APPLICATION AND ASSURANCES

Grants. Regulations. 20 USC 1478.

"SEC. 678. (a) AppucATiON.—Any State desiring to receive a grant under section 673 for any year shall submit an application to the Secretary at such time and in such manner as the Secretary may reasonably require by regulation. Such an application shall contain— "(1) a designation of the lead agency in the State that will be responsible for the administration of funds provided under section 673, "(2) information demonstrating eligibility of the State under section 674, "(3) the information or assurances required to demonstrate eligibility of the State for the particular year of participation under section 675, and "(4)(A) information demonstrating that the State has provided (i) public hearings, (ii) adequate notice of such hearings, and (iii) an opportunity for comment to the general public before the submission of such application and before the adoption by the

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Page:United States Statutes at Large Volume 100 Part 2.djvu/49

 PUBLIC LAW 99-457—OCT. 8, 1986

100 STAT. 1151

State of the policies described in such appHcation, and (B) a summary of the public comments and the State's responses, "(5) a description of the uses for which funds will be expended in accordance with this part and for the fifth and succeeding fiscal years a description of the services to be provided, "(6) a description of the procedure used to ensure an equitable distribution of resources made available under this part among all geographic areas within the State, and "(7) such other information and assurances as the Secretary may reasonably require by regulation. "(b) STATEMENT OF ASSURANCES.—Any State desiring to receive a grant under section 673 shall file with the Secretary a statement at such time and in such manner as the Secretary may reasonably require by regulation. Such statement shall— "(1) assure that funds paid to the State under section 673 will be expended in accordance with this part, "(2) contain assurances that the State will comply with the requirements of section 681, "(3) provide satisfactory assurance that the control of funds provided under section 673, and title to property derived therefrom, shall be in a public agency for the uses and purposes provided in this part and that a public agency will administer such funds and property, "(4) provide for (A) making such reports in such form and containing such information as the Secretary may require to carry out the Secretary's functions under this part, and (B) keeping such records and affording such access thereto as the Secretary may find necessary to assure the correctness and verification of such reports and proper disbursement of Federal funds under this part, "(5) provide satisfactory assurance that Federal funds made available under section 673 (A) will not be commingled with State funds, and (B) will be so used as to supplement and increase the level of State and local funds expended for handicapped infants and toddlers and their families and in no case to supplgmt such State and local funds, "(6) provide satisfactory assurance that such fiscal control and fund accounting procedures will be adopted as may be necessary to assure proper disbursement of, and accounting for, Federal funds paid under section 673 to the State, and "(7) such other information and assurances as the Secretary may reasonably require by regulation.

Regulations.

"(c) APPROVAL OF APPLICATION AND ASSURANCES REQUIRED.—No

State may receive a grant under section 673 unless the Secretary has approved the application and statement of assurances of that State. The Secretary shall not disapprove such an application or statement of assurances unless the Secretary determines, after notice and opportunity for a hearing, that the application or statement of assurances fails to comply with the requirements of this section. "USES OF FUNDS

"SEC. 679. In addition to using funds provided under section 673 to plan, develop, and implement the statewide system required by section 676. a State may use such funds—

State and local governments.

20 USC 1479.

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Page:United States Statutes at Large Volume 100 Part 2.djvu/50

 100 STAT. 1152

PUBLIC LAW 99-457—OCT. 8, 1986 "(1) for direct services for handicapped infants and toddlers that are not otherwise provided from other public or private sources, and "(2) to expand and improve on services for handicapped infants and toddlers that are otherwise available. PROCEDURAL SAFEGUARDS

state and local governments. 20 USC 1480.

Classified information.

680. The procedural safeguards required to be included in a statewide system under section 676(b)(12) shall provide, at a minimum, the following: "(1) The timely administrative resolution of complaints by parents. Any party aggrieved by the findings and decision regarding an administrative complaint shall have the right to bring a civil action with respect to the complaint, which action may be brought in any State court of competent jurisdiction or in a district court of the United States without regard to the amount in controversy. In any action brought under this paragraph, the court shall receive the records of the administrative proceedings, shall hear additional evidence at the request of a party, and, basing its decision on the preponderance of the evidence, shall grant such relief as the court determines is appropriate. "(2) The right to confidentiality of personally identifiable information. "(3) The opportunity for parents and a guardian to examine records relating to assessment, screening, eligibility determinations, and the development and implementation of the individualized family service plan. "(4) Procedures to protect the rights of the handicapped infant and toddlers whenever the parents or guardian of the child are not known or unavailable or the child is a ward of the State, including the assignment of an individual (who shall not be an employee of the State agency providing services) to act as a surrogate for the parents or guardian. "(5) Written prior notice to the parents or guardian of the handicapped infant or toddler whenever the State agency or service provider proposes to initiate or change or refuses to initiate or change the identification, evaluation, placement, or the provision of appropriate early intervention services to the handicapped infant or toddler. "(6) Procedures designed to assure that the notice required by paragraph (5) fully informs the parents or guardian, in the parents' or guardian's native language, unless it clearly is not feasible to do so, of all procedures available pursuant to this section. "(7) During the pendency of any proceeding or action involving a complaint, unless the State agency and the parents or guardian otherwise agree, the child shall continue to receive the appropriate early intervention services currently being provided or if applying for initial services shall receive the services not in dispute. ''SEC.

"PAYOR OP LAST RESORT 20 USC 1481.

"SEC. 681. (a) NONSUBSTTTUTION.—Funds provided under section 673 may not be used to satisfy a financial commitment for services which would have been paid for from another public or private

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100 STAT. 1153

source but for the enactment of this part, except that whenever considered necessary to prevent the delay in the receipt of appropriate early intervention services by the infant or toddler or family in a timely fashion, funds provided under section 673 may be used to pay the provider of services pending reimbursement from the agency which has ultimate responsibility for the payment. "(b) REDUCTION OF OTHER BENEFITS.—Nothing in this part shall be construed to permit the State to reduce medical or other assistance available or to alter eligibility under title V of the Social Security Act (relating to maternal and child health) or title XIX of the Social 42 USC 701. Security Act (relating to medicaid for handicapped infants and 42 USC 1396. toddlers) within the State. "STATE INTERAGENCY COORDINATING COUNCIL

"SEC. 682. (a) ESTABLISHMENT.—(1) Any State which desires to receive financial assistance under section 673 shall establish a State Interagency Coordinating Council composed of 15 members. "(2) The Council and the chairperson of the Council shall be appointed by the Governor. In making appointments to the Council, the Governor shall ensure that the membership of the Council reasonably represents the population of the State. "(b) COMPOSITION.—The Council shall be composed of— "(1) at least 3 parents of handicapped infants or toddlers or handicapped children aged 3 through 6, inclusive, "(2) at least 3 public or private providers of early intervention services, "(3) at least one representative from the State legislature, "(4) at leeist one person involved in personnel preparation, and "(5) other members representing each of the appropriate agencies involved in the provision of or payment for early intervention services to handicapped infants and toddlers and their families and others selected by the Governor. "(c) MEETINGS.—The Council shall meet at least quarterly and in such places as it deems necessary. The meetings shall be publicly announced, and, to the extent appropriate, open and accessible to the general public. "(d) MANAGEMENT AUTHORITY.—Subject to the

approval of

20 USC 1482.

the

Governor, the Council may prepare and approve a budget using funds under this part to hire staff, and obtain the services of such professional, technical, and clerical personnel as may be necessary to carry out its functions under this part. "(e) FUNCTIONS OF COUNCIL.—The Council shall— "(1) advise and assist the lead agency designated or established under section 676(b)(9) in the performance of the responsibilities set out in such section, particularly the identification of the sources of fiscal and other support for services for early intervention programs, assignment of financial responsibility to the appropriate agency, and the promotion of the interagency agreements, "(2) advise and assist the lead agency in the preparation of applications and amendments thereto, and "(3) prepare and submit an annual report to the Governor and Reports. to the Secretary on the status of early intervention programs for handicapped infants and toddlers and their families operated within the State.

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 100 STAT. 1154

PUBLIC LAW 99-457—OCT. 8, 1986

"(f) CONFLICT OF INTEREST.—NO member of the Council shall cast a vote on any matter which would provide direct financial benefit to that member or otherwise give the appearance of a conflict of interest under State law. "(g) USE OF EXISTING COUNCILS.—TO the extent that a State has established a Council before September 1, 1986, that is comparable to the Council described in this section, such Council shall be considered to be in compliance with this section. Within 4 years after the date the State accepts funds under section 673, such State shall establish a council that complies in full with this section. "FEDERAL ADMINISTRATION

State and local governments. 20 iusc°5'83. 20 USC 1)416, 1417,14^0.

"SEC. 683. Sections 616, 617, and 620 shall, to the extent not inconsistent with this part, apply to the program authorized by this P^r*' except that— "(1) any reference to a State educational agency shall be deemed to be a reference to the State agency established or designated under section 676(b)(9), "(2) any reference to the education of handicapped children and the education of all handicapped children and the provision of free public education to all handicapped children shall be deemed to be a reference to the provision of services to handicapped infants and toddlers in accordance with this part, and "(3) any reference to local educational agencies and intermediate educational agencies shall be deemed to be a reference to local service providers under this part. ALLOCATION OF FUNDS

Guam. American Samoa. Virgin Islands. Republic of the Marshall Islands. Federated States of Micronesia. Republic of Palau. Commonwealth of the Northern Mariana Islands. 20 USC 1484.

20 USC 1416.

"SEC. 684. (a) From the sums appropriated to carry out this part for any fiscal year, the Secretary may reserve 1 percent for payments to Guam, American Samoa, the Virgin Islands, the Republic of the Marshall Islands, the Federated States of Micronesia, the Republic of Palau, and the Commonwealth of the Northern Mariana Islands in accordance with their respective needs. "(b)(1) The Secretary shall make payments to the Secretary of the Interior according to the need for such assistance for the provision of early intervention services to handicapped infants and toddlers and their families on reservations serviced by the elementary and secondary schools operated for Indians by the Department of the Interior. The amount of such payment for any fiscal year shall be 1.25 percent of the aggregate of the amount available to all States under this part for that fiscal year. "(2) The Secretary of the Interior may receive an allotment under paragraph (1) only after submitting to the Secretary an application which meets the requirements of section 678 and which is approved by the Secretary. Section 616 shall apply to any such application. "(c)(1) For each of the fiscal years 1987 through 1991 from the funds remaining after the reservation and payments under subsections (a) and (b), the Secretary shall allot to each State an amount which bears the same ratio to the amount of such remainder as the number of infants and toddlers in the State bears to the number of infants and toddlers in all States, except that no State shall receive less than 0.5 percent of such remainder. "(2) For the purpose of paragraph (1)—

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100 STAT. 1155

"(A) the terms 'infants' and 'toddlers' mean children from birth to age 2, inclusive, and "(B) the term 'State' does not include the jurisdictions described in subsection (a). "(d) If any State elects not to receive its allotment under subsection (c)(1), the Secretary shall reallot, among the remaining States, amounts from such State in accordance with such subsection. "AUTHORIZATION OF APPROPRIATIONS

"SEC. 685. There are authorized to be appropriated to carry out this part $50,000,000 for fiscal year 1987, $75,000,000 for fiscal year 1988, and such sums as may be necessary for each of the 3 succeeding fiscal years.". (b) STUDY OF SERVICES; COORDINATION OF ACTIONS.—(1) The Secretary of Education and the Secretary of Health and Human Services shall conduct a joint study of Federal funding sources and services for early intervention programs currently available and shall jointly act to facilitate interagency coordination of Federal resources for such programs and to ensure that funding available to handicapped infants, toddlers, children, and youth from Federal programs, other than programs under the Education of the Handicapped Act, is not being withdrawn or reduced. (2) Not later than 18 months after the date of the enactment of this Act, the Secretary of Education and the Secretary of Health and Human Services shall submit a joint report to the Congress describing the findings of the study conducted under paragraph (1) and describing the joint action taken under that paragraph.

20 USC 1485

20 USC 1485 note.

20 USC 1400. Reports.

TITLE II—HANDICAPPED CHILDREN AGED 3 TO 5 SEC. 201. PRESCHOOL GRANTS.

(a) AMENDMENT.—Section 619 of the Act (20 U.S.C. 1419) is amended to read as follows: "PRE-SCHOOL GRANTS

"SEC. 619. (a)(1) For fiscal years 1987 through 1989 (or fiscal year 1990 if the Secretary makes a grant under this paragraph for such fiscal year) the Secretary shall make a grant to any State which— "(A) has met the eligibility requirements of section 612, "(B) has a State plan approved under section 613, and "(C) provides special education and related services to handicapped children aged three to five, inclusive. "(2)(A) For fiscal year 1987 the amount of a grant to a State under paragraph (1) may not exceed— "(i) $300 per handicapped child aged three to five, inclusive, who received special education and related services in such State as determined under section 611(a)(3), or "(ii) if the amount appropriated under subsection (e) exceeds the product of $300 and the total number of handicapped children aged three to five, inclusive, who received special education and related services as determined under section 611(a)(3)"(I) $300 per handicapped child aged three to five, inclusive, who received special education and related services in such State as determined under section 611(a)(3), plus

State and local governments. 20 USC 1412. 20 USC 1413.

20 USC 1411.

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 100 STAT. 1156

20 USC 1411.

Post, p. 1158. Post, pp. 1159, 1174.

PUBLIC LAW 99-457—OCT. 8, 1986

"(II) an a m o u n t equal to the portion of the appropriation available after allocating funds to all States under subclause (I) (the excess appropriation) divided by the estimated increase, from the preceding fiscal year, in the n u m b e r of handicapped children aged t h r e e to five, inclusive, who will be receiving special education and related services in all States multiplied by the estimated n u m b e r of such children in such State. "(B) For fiscal year 1988, funds shall be distributed in accordance with clause (i) or (ii) of paragraph (2)(A), except that the amount specified therein shall be $400 instead of $300. "(C) For fiscal year 1989, funds shall be distributed in accordance with clause (i) or (ii) of paragraph (2)(A), except that the amount specified therein shall be $500 instead of $300. "(D) If the Secretary makes a g r a n t under paragraph (1) for fiscal year 1990, the a m o u n t of a g r a n t to a State under such paragraph may not exceed $1,000 per handicapped child aged t h r e e to five, inclusive, who received special education and related services in such State as determined under section 611(a)(3). "(E) If the actual n u m b e r of additional children served in a fiscal year differs from the e s t i m a t e m a d e under clause (ii)(II) of the applicable subparagraph, subparagraph (A)(ii)(II), the Secretary shall adjust (upwards or downwards) a State's allotment in the subsequent fiscal year. "(F)(i) The a m o u n t of a g r a n t under subparagraph (A), (B), or (C) to any State for a fiscal year may not exceed $3,800 per estimated handicapped child aged t h r e e to five, inclusive, who will be receiving or handicapped child, age t h r e e to five, inclusive, who is receiving special education and related services in such State. "(ii) If the a m o u n t appropriated under subsection (e) for any fiscal year exceeds the a m o u n t of g r a n t s which may be m a d e to the States for such fiscal year, the excess a m o u n t appropriated shall r e m a i n available for obligation under this section for 2 succeeding fiscal years. "(3) To receive a g r a n t under paragraph (1) a State shall m a k e an application to the Secretary a t such time, in such m a n n e r, and containing or accompanied by such information as the Secretary may reasonably require. "(b)(1) For fiscal year 1990 (or fiscal year 1991 if required by paragraph (2)) and fiscal years thereafter the Secretary shall m a k e a g r a n t to any State which— "(A) has met the eligibility requirements of section 612, and "(B) has a State plan approved under section 613 which includes policies and procedures that a s s u r e the availability under the State law and practice of such State of a free appropriate public education for all handicapped children aged t h r e e to five, inclusive. "(2) The Secretary may m a k e a g r a n t under paragraph (1) only for fiscal year 1990 and fiscal year s thereafter, except that if— "(A) the aggregate a m o u n t that was appropriated under subsection (e) for fiscal years 1987, 1988, and 1989 was less than $656,000,000, and "(B) the a m o u n t appropriated for fiscal year 1990 under subsection (e) is less than $306,000,000, the Secretary may not m a k e a g r a n t under paragraph (1) until fiscal year 1991 and shall m a k e a g r a n t under subsection (a)(1) for fiscal year 1990.

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100 STAT. 1157

"(3) The amount of any grant to any State under paragraph (1) for any fiscal year may not exceed $1,000 for each handicapped child in such State aged three to five, inclusive. "(4) To receive a grant under paragraph (1) a State shall make an application to the Secretary at such time, in such manner, and containing or accompanied by such information as the Secretary may reasonably require. "(c)(1) For fiscal year 1987, a State which receives a grant under subsection (a)(1) shall— "(A) distribute at least 70 percent of such grant to local educational agencies and intermediate educational units in such State in accordance with paragraph (3), except that in applying such section only handicapped children aged three to five, inclusive, shall be considered, "(B) use not more than 25 percent of such grant for the planning and development of a comprehensive delivery system for which a grant could have been made under section 623(b) in Post, p. 1161. effect through fiscal year 1987 and for direct and support services for handicapped children, and "(C) use not more than 5 percent of such grant for administrative expenses related to the grant. "(2) For fiscal years beginning after fiscal year 1987, a State which receives a grant under subsection (a)(1) or (b)(1) shall— "(A) distribute at least 75 percent of such grant to local educational agencies and intermediate educational units in such State in accordance with paragraph (3), except that in applying such section only handicapped children aged three to five, inclusive, shall be considered, "(B) use not more than 20 percent of such grant for the planning and development of a comprehensive delivery system for which a grant could have been made under section 623(b) in effect through fiscal year 1987 and for direct and support services for handicapped children, and "(C) use not more than 5 percent of such grant for administrative expenses related to the grant. "(3) From the amount of funds available to local educational agencies and intermediate educational units in any State under this section, each local educational agency or intermediate educational unit shall be entitled to— "(A) an amount which bears the same ratio to the amount available under subsection (a)(2)(A)(i) or subsection (a)(2)(A)(iiXI), as the case may be, as the number of handicapped children aged three to five, inclusive, who received special education and related services as determined under section 611(a)(3) in such 20 USC I4il. local educational agency or intermediate educational unit bears to the aggregate number of handicapped children aged three to five, inclusive, who received special education and related services in all local educational agencies and intermediate educational units in the State entitled to funds under this section, and "(B) to the extent funds are available under subsection (a)(2)(A)(iiXn), an amount which bears the same ratio to the amount available under subsection (a)(2)(A)(iiXII) as the estimated number of additional handicapped children aged three to five, inclusive, who will be receiving special education and related services in such local educational agency or intermediate educational unit bears to the aggregate number of

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PUBLIC LAW 99-457—OCT. 8, 1986

handicapped children aged three to five, inclusive, who will be receiving special education and related services in all local educational agencies and intermediate educational units in the State entitled to funds under this section. "(d) If the sums appropriated under subsection (e) for any fiscal year for making payments to States under subsection (a)(1) or (b)(1) are not sufficient to pay in full the maximum amounts which all States may receive under such subsection for such fiscal year, the maximum amounts which all States may receive under such subsection for such fiscal year shall be ratably reduced by first ratably reducing amounts computed under the excess appropriation provision of subsection (a)(2)(A)(iiXII)- If additional funds become available for making such payments for any fiscal year during which the preceding sentence is applicable, the reduced maximum amounts shall be increased on the same basis as they were reduced. "(e) For grants under subsections (a)(l) and (b)(1) there are authorized to be appropriated such sums as may be necessary.". (b) CONFORMING AMENDMENTS.—

20 USC 1419.

20 USC 1419 note.

(1) Section 611(a)(l)(A) of the Act (20 U.S.C. 1411(a)(l)(A)) is amended to read as follows: "(A) the number of handicapped children aged 3-5, inclusive, in a State who are receiving special education and related services as determined under paragraph (3) if the State is eligible for a grant under section 619 and the number of handicapped children aged 6-21, inclusive, in a State who are receiving special education and related services as so determined;". (2)(A) Section 611(g)(l) of the Act is amended by striking out "this part" each place it occurs and inserting in lieu thereof "subsection (a)". (B) Section 611(g)(l) of the Act is amended by inserting "under subsection (h)" after "appropriated". (C) Section 611(g)(2) of the Act is amended by striking out "this part" the first place it occurs and inserting in lieu thereof "this section". (3) Section 611 of the Act is amended by adding at the end the following: "(h) For grants under subsection (a) there are authorized to be appropriated such sums as may be necessary.". (c) EFFECTIVE DATE.—The amendment made by subsection (a) shall take effect with respect to the school year 1987-1988. SEC. 202. ELIGIBILITY FOR FINANCIAL ASSISTANCE.

20 USC 1400.

Part A of the Act is amended by adding at the end the following: ELIGIBILITY FOR FINANCIAL ASSISTANCE

State and local governments. 20 USC 1408. Ante, p. 1155.

20 USC 1421-1454; post, p. 1172.

"SEC. 609. Effective for fiscal years for which the Secretary may make grants under section 619(b)(l), no State or local educational agency or intermediate educational unit or other public institution or agency may receive a grant under parts C through G which relate exclusively to programs, projects, and activities pertaining to children aged three to five, inclusive, unless the State is eligible to receive a grant under section 61903)(1).". SEC. 203. SHARING OF COSTS OF FREE APPROPRIATE PUBLIC EDUCATION. (a) EuGiBiuTY FOR SECTION 611 GRANTS.—Section 612(6) of the Act (20 U.S.C. 1412(6)) is amended by adding at the end the following:

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100 STAT. 1159

"This paragraph shall not be construed to limit the responsibility of agencies other than educational agencies in a State from providing or paying for some or all of the costs of a free appropriate public education to be provided handicapped children in the State.", (b) STATE PLANS.—

(1) Section 613(a)(9) of the Act (20 U.S.C. 1413(a)(9)) is amended to read as follows: "(9) provide satisfactory assurance that Federal funds made available under this part (A) will not be commingled with State funds, and (B) will be so used as to supplement and increase the level of Federal, State, and local funds (including funds that are not under the direct control of State or local educational agencies) expended for special education and related services provided to handicapped children under this part and in no case to supplant such Federal, State, and local funds, except that, where the State provides clear and convincing evidence that all handicapped children have available to them a free appropriate public education, the Secretary may waive in part the requirement of this clause if he concurs with the evidence provided by the State;". (2) Section 613(a) of the Act is amended by striking out "and" at the end of paragraph (11), by striking out the period at the end of paragraph (12) and inserting in lieu thereof a semicolon, and by adding at the end the following: "(13) set forth policies and procedures for developing and implementing interagency agreements between the State educational agency and other appropriate State and local agencies to (A) define the financial responsibility of each agency for providing handicapped children and youth with free appropriate public education, and (B) resolve interagency disputes, including procedures under which local educational agencies may initiate proceedings under the agreement in order to secure reimbursement from other agencies or otherwise implement the provisions of the agreement.". (3) Section 613 of the Act is amended by adding at the end the following: "(e) This Act shall not be construed to permit a State to reduce medical and other assistance available or to alter eligibility under titles V and XIX of the Social Security Act with respect to the provision of a free appropriate public education for handicapped children within the State; and".

42 USC 701, 1396.

TITLE III—DISCRETIONARY PROGRAMS SEC. 301. REGIONAL RESOURCE CENTERS.

Section 621 of the Act (20 U.S.C. 1421) is amended to read as follows: "REGIONAL RESOURCE AND FEDERAL CENTERS

"SEC. 621. (a) The Secretary may make grants to, or enter into contracts or cooperative agreements with, institutions of higher education, public agencies, private nonprofit organizations, State educational agencies, or combinations of such agencies or institutions (which combinations may include one or more local educational agencies) within particular regions of the United States, to pay all or part of the cost of the establishment and operation of

Grants. Contracts. governments^

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20 USC 1417.

20 USC 1422-1454; post, p. 1172.

Reports.

20 USC 1418.

20 USC 1422. Grants. Contracts.

PUBLIC LAW 99-457—OCT. 8, 1986

regional resource centers. Each regional resource center shall provide consultation, technical assistance, and training to State educational agencies and through such State educational agencies to local educational agencies and to other appropriate State agencies providing early intervention services. The services provided by a regional resource center shall be consistent with the priority needs identified by the States served by the center and the findings of the Secretary in monitoring reports prepared by the Secretary under section 617 of the Act. Each regional resource center established or operated under this section shall— "(1) assist in identifying and solving persistent problems in providing quality special education and related services for handicapped children and youth and early intervention services to handicapped infants and toddlers and their families, "(2) assist in developing, identifying, and replicating successful programs and practices which will improve special education and related services to handicapped children and youth and their families and early intervention services to handicapped infants and toddlers and their families, "(3) gather and disseminate information to all State educational agencies within the region and coordinate activities with other centers assisted under this subsection and other relevant projects conducted by the Department of Education, "(4) assist in the improvement of information dissemination to and training activities for professionals and parents of handicapped infants, toddlers, children, and youth, and "(5) provide information to and training for agencies, institutions, and organizations, regarding techniques and approaches for submitting applications for grants, contracts, and cooperative agreements under this part and parts D through G. "(b) In determining whether to approve an application for a project under subsection (a), the Secretary shall consider the need for such a center in the region to be served by the applicant and the capability of the applicant to fulfill the responsibilities under subsection (a). "(c) Each regional resource center shall report a summary of materials produced or developed and the summaries reported shall be included in the annual report to Congress required under section 618. "(d) The Secretary may establish one coordinating technical assistance center focusing on national priorities established by the Secretary to assist the regional resource centers in the delivery of technical assistance, consistent with such national priorities. "(e) Before using funds made available in any fiscal year to carry out this section for purposes of subsection (d), not less than the amount made available for this section in the previous fiscal year shall be made available for regional resource centers under subsection (a) and in no case shall more than $500,000 be made available for the center under subsection (d).". SEC. 302. SERVICES FOR DEAF-BLIND CHILDREN AND YOUTH. Section 622 is amended by adding at the end thereof the following new subsections: "(e) The Secretary is authorized to make grants to, or enter into contracts or cooperative agreements with, public or nonprofit private agencies, institutions, or organizations for the development and operation of extended school year demonstration programs for se-

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100 STAT. 1161

verely handicapped children and youth, including deaf-blind children and youth. "(f) The Secretary may make grants to, or enter into contracts or cooperative agreements with, the entities under section 624(a) for the purposes in such section.".

Grants. Contracts. Post, p. 1162.

SEC. 303. EARLY EDUCATION FOR HANDICAPPED CHILDREN.

Section 623 of the Act (20 U.S.C. 1423) is amended to read as follows: " E A R L Y EDUCATION FOR HANDICAPPED CHILDREN

"SEC. 623. (a)(1) The Secretary may arrange by contract, grant, or cooperative agreement with appropriate public agencies and private nonprofit organizations, for the development and operation of experimental, demonstration, and outreach preschool and early intervention programs for handicapped children which the Secretary determines show promise of promoting a comprehensive and strengthened approach to the special problems of such children. Such programs shall include activities and services designed to (1) facilitate the intellectual, emotional, physical, mental, social, speech, language development, and self-help skills of such children, (2) encourage the participation of the parents of such children in the development and operation of any such program, and (3) acquaint the community to be served by any such program with the problems and potentialities of such children, (4) offer training about exemplary models and practices to State and local personnel who provide services to handicapped children from birth through eight, and (5) support the adaption of exemplary models and practices in States and local communities. "(2) Programs authorized by paragraph (1) shall be coordinated with similar programs in the schools operated or supported by State or local educational agencies of the community to be served and with similar programs operated by other public agencies in such community. "(3) As much as is feasible, programs assisted under paragraph (1) shall be geographically dispersed throughout the Nation in urban as well as rural areas. "(4)(A) Except as provided in subparagraph (B), no arrangement under paragraph (1) shall provide for the payment of more than 90 percent of the total annual costs of development, operation, and evaluation of any program. Non-Federal contributions may be in cash or in kind, fairly evaluated, including plant, equipment, and services. "(B) The Secretary may waive the requirement of subparagraph (A) in the case of an arrangement entered into under paragraph (1) with governing bodies of Indian tribes located on Federal or State reservations and with consortia of such bodies. "Q)) The Secretary shall arrange by contract, grant, or cooperative agreement with appropriate public agencies and private nonprofit organizations for the establishment of a technical assistance development system to assist entities operating experimental, demonstration, and outreach programs and to assist State agencies to expand and improve services provided to handicapped children. "(c) The Secretary shall arrange by contract, grant, or cooperative agreement with appropriate public agencies and private nonprofit organizations for the establishment of early childhood research institutes to carry on sustained research to generate and dissemi-

Contracts. Grants. State and local governments.

Urban areas. Rural areas.

Indians.

Contracts. Grants. State and local governments.

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 100 STAT. 1162

Grants. Contracts.

Federal Register, publication.

PUBLIC LAW 99-457—OCT. 8, 1986

nate new information on preschool and early intervention for handicapped children and their families. "(d) The Secretary may make grants to, enter into contracts or cooperative agreements under this section with, such organizations or institutions, as are determined by the Secretary to be appropriate, for research to identify and meet the full range of special needs of handicapped children and for training of personnel for programs specifically designed for handicapped children. "(e) At least one year before the termination of a grant, contract, or cooperative agreement made or entered into under subsections (b) and (c), the Secretary shall publish in the Federal Register a notice of intent to accept application for such a grant, contract, or cooperative agreement contingent on the appropriation of sufficient funds by Congress. "(f) For purposes of this section the term 'handicapped children' includes children from birth through eight years of age.". SEC. 304. PROGRAMS FOR SEVERELY HANDICAPPED CHILDREN. Section 624 of the Act (20 U.S.C. 1424) is amended to read as follows: PROGRAMS FOR SEVERELY HANDICAPPED CHILDREN

Grants. Contracts.

Urban areas. Rural areas.

"SEC. 624. (a) The Secretary may make grants to, or enter into contracts or cooperative agreements with, such organizations or institutions, as are determined by the Secretary to be appropriate, to address the needs of severely handicapped children and youth, for— "(1) research to identify and meet the full range of special needs of such handicapped children and youth, "(2) the development or demonstration of new, or improvements in, existing, methods, approaches, or techniques which would contribute to the adjustment and education of such handicapped children and youth, "(3) training of personnel for programs specifically designed for such children, and "(4) dissemination of materials and information about practices found effective in working with such children and youth. "(b) In making grants and contracts under subsection (a), the Secretary shall ensure that the activities funded under such grants and contracts will be coordinated with similar activities funded from grants and contracts under other sections of this Act. "(c) To the extent feasible, programs, authorized by subsection (a) shall be geographically dispersed throughout the nation in urban and rural areas.'. SEC. 305. POSTSECONDARY EDUCATION PROGRAMS.

20 USC 1424a.

Section 625 is amended to read as follows: POSTSECONDARY EDUCATION

Grants. Contracts.

"SEC. 625. (a)(1) The Secretary may make grants to, or enter into contracts with, State educational agencies, institutions of higher education, junior and community colleges, vocational and technical institutions, and other appropriate nonprofit educational agencies for the development, operation, and dissemination of specially designed model programs of postsecondary, vocational, technical, continuing, or adult education for handicapped individuals.

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