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 PUBLIC LAW 98-273—MAY 7, 1984

98 STAT. 165

Public Law 98-273 98th Congress An Act To amend the Perishable Agricultural Commodities Act, 1930, by impressing a trust on the commodities and sales proceeds of perishable agricultural commodities for the benefit of the unpaid seller, and for other purposes.

jyj

-7 ^gg^ ^ ' [H.R. 3867]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That section 5 of the Perishable Agricultural Commodities Act, 1930 (7 U.S.C. 499e) is amended by adding at the end thereof a new subsection to read as follows: "(c)(l) It is hereby found that a burden on commerce in perishable Commerce and agricultural commodities is caused by financing arrangements *^''^^®under which commission merchants, dealers, or brokers, who have not made payment for perishable agricultural commodities purchased, contracted to be purchased, or otherwise handled by them on behalf of another person, encumber or give lenders a security interest in, such commodities, or on inventories of food or other products derived from such commodities, and any receivables or proceeds from the sale of such commodities or products, and that such arrangements are contrary to the public interest. This subsection is intended to remedy such burden on commerce in perishable agricultural commodities and to protect the public interest. "(2) Perishable agricultural commodities received by a commission merchant, dealer, or broker in all transactions, and all inventories of food or other products derived from perishable agricultural commodities, and any receivables or proceeds from the sale of such commodities or products, shall be held by such commission merchant, dealer, or broker in trust for the benefit of all unpaid suppliers or sellers of such commodities or agents involved in the transaction, until full payment of the sums owing in connection with such transactions has been received by such unpaid suppliers, sellers, or agents. Payment shall not be considered to have been made if the supplier, seller, or agent receives a payment instrument which is dishonored. The provisions of this subsection shall not apply to transactions between a cooperative association (as defined in section 15(a) of the Agricultural Marketing Act (12 U.S.C. 1141j(a)), and its members. "(3) The unpaid supplier, seller, or agent shall lose the benefits of such trust unless such person has given written notice of intent to preserve the benefits of the trust to the commission merchant, dealer, or broker and has filed such notice with the Secretary within thirty calendar days (i) after expiration of the time prescribed by which payment must be made, as set forth in regulations issued by the Secretary, (ii) after expiration of such other time by which payment must be made, as the parties have expressly agreed to in writing before entering into the transaction, or (iii) after the time the supplier, seller, or agent has received notice that the payment instrument promptly presented for payment has been dishonored. When the parties expressly agree to a payment time period different from that established by the Secretary, a copy of any such agree-

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 98 STAT. 166

Courts.

PUBLIC LAW 98-273—MAY 7, 1984 ment shall be filed in the records of each party to the transaction and the terms of payment shall be disclosed on invoices, accountings, and other documents relating to the transaction. "(4) The several district courts of the United States are vested with jurisdiction specifically to entertain (i) actions by trust beneficiaries to enforce payment from the trust, and (ii) actions by the Secretary to prevent and restrain dissipation of the trust.". SEC. 2. Section 2(4) of the Perishable Agricultural Commodities Act, 1930 (7 U.S.C. 499b(4)) is amended by adding after the semicolon at the end of the paragraph "or to fail to maintain the trust as required under section 5(c);". Approved May 7, 1984.

LEGISLATIVE HISTORY—H.R. 3867: HOUSE REPORT No. 98-543 (Comm. on Agriculture). CONGRESSIONAL RECORD: Vol. 129 (1983): Nov. 15, considered and passed House. Vol. 130 (1984): Apr. 12, considered and passed Senate.

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


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 PUBLIC LAW 98-274—MAY 7, 1984

98 STAT. 167

Public Law 98-274 98th Congress Joint Resolution Designating the week of April 29 through May 5, 1984, as "National Week of the Ocean".

Whereas the oceans of the world are one of the most precious natural resources of mankind; Whereas Americans are particularly dependent upon the ocean for environmental and recreational uses; Whereas the oceans are playing an increasingly important role in the food, energy, and mineral production of the United States as well as in the transportation of United States goods; Whereas it would be beneficial for the American public to learn of the interrelationship of the United States and the oceans of the world; and Whereas the declaration of a National Week of the Ocean would increase the American public's awareness of the world's oceans and their importance: 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 April 29 through May 5, 1984, is designated as "National Week of the Ocean" and the President is authorized and requested to issue a proclamation calling upon the people of the United States to observe such week with appropriate activities. Approved May 7, 1984.

LEGISLATIVE HISTORY—H.J. Res. 478: CONGRESSIONAL RECORD, Vol. 130 (1984): Feb. 29, considered and passed House. May 1, considered and passed Senate.

May 7, 1984 [H.J. Res. 478]

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 98 STAT. 168

P U B L I C L A W 98-275—MAY 8, 1984

Public Law 98-275 98th Congress

!.{ Joint Resolution

May 8, 1984 [ S.J. Res. 136]

To recognize "Volunteer Firefighters Recognition Day" as a tribute to the bravery and self-sacrifice of our volunteer firefighters.

Whereas over 80 per centum of the firefighters in the United States are volunteers who selflessly protect our lives and property; Wheresis three hundred and ninety-five volunteer firefighters have lost their lives in the line of duty during the past five years, with fifty-eight such deaths occurring in 1983 alone; Whereas volunteer firefighters expose themselves to physical risks, including long-term health risks such as coronary disease, with no financial remuneration; Whereas fire departments comprised only of volunteers protect a large percentage of the rural townships, hamlets, and farms within the United States; and Whereas firefighters attached to such departments spend time and energy, in addition to that spent fighting fires, to provide fire prevention instruction and other services to their communities: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That August 18, 1984, is designated as "National Volunteer Firefighters Recognition Day" and the President is authorized and requested to issue a proclamation calling upon the people of the United States to observe such day with appropriate programs, ceremonies, and activities. Approved May 8, 1984.

LEGISLATIVE HISTORY—S.J. Res. 136: CONGRESSIONAL RECORD: Vol. 129 (1983): Aug. 4, considered and passed Senate. Vol. 130 (1984): Mar. 22, considered and passed House, amended. Apr. 26, Senate concurred in House amendments.

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 PUBLIC LAW 98-276—MAY 8, 1984

98 STAT. 169

Public Law 98-276 98th Congress An Act To provide for a White House Conference on Small Business.

May 8, 1984 [H.R. 5298]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may White House be cited as the "White House Conference on Small Business Author- Conference on Small Business ization Act". Authorization AUTHORIZATION OF CONFERENCE

SEC. 2. (a) The President shall call and conduct a National White House Conference on Small Business (hereinafter referred to as the "Conference") not earlier than January 1, 1985, and not later than September 1, 1986, to carry out the purposes described in section 3 of this Act. The Conference shall be preceded by State and regional conferences with at least one such conference being held in each State. (b) Participants in the Conference and other interested individuals and organizations, are authorized to conduct conferences and other activities at the State and regional levels prior to the date of the Conference, subject to the approval of the Administrator of the Small Business Administration, and shall direct such conferences and activities toward the consideration of the purposes of the Conference described in section 3 of this Act in order to prepare for the National Conference.

Act. 15 USC 631 note. 15 USC 631 note.

State and local governments.

PURPOSE OF CONFERENCE

SEC. 3. The purpose of the Conference shall be to increase public awareness of the essential contribution of small business; to identify the problems of small business; to examine the status of minorities and women as small business owners; to assist small business in carrying out its role as the Nation's job creator; to assemble small businesses to develop such specific and comprehensive recommendations for executive and legislative action as may be appropriate for maintaining and encouraging the economic viability of small business and, thereby, the Nation; and to review the status of recommendations adopted at the 1980 White House Conference on Small Business.

Minorities. Women. 15 USC 631 note.

CONFERENCE PARTICIPANTS

SEC. 4. (a) In order to carry out the purposes specified in section 3 of this Act, the Conference shall bring together individuals concerned with issues relating to small business: Provided, That no small business concern representative may be denied admission to any State or regional conference, nor may any fee or charge be imposed on any small business concern representative except an amount to cover the cost of any meal provided to such representative plus a registration fee of not to exceed $10.

15 USC 631 note.

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 98 STAT. 170

15 USC 633.

PUBLIC LAW 98-276—MAY 8, 1984 (b) Delegates, including alternates, to the National Conference shall be elected by participants at the State and regional conferences: Provided, That each Governor and each chief executive official of the political subdivisions enumerated in section 4(a) of the Small Business Act may appoint one delegate and one alternate: Provided further. That each Member of the United States House of Representatives, including each Delegate, and each Member of the United States Senate may appoint one delegate and one alternate: And provided further. That the President may appoint one hundred delegates and alternates. Only individuals from small businesses shall be eligible for appointment pursuant to this subsection. PLANNING AND ADMINISTRATION OP CONFERENCE

15 USC 631 note.

SEC. 5. (a) All Federal departments, agencies, and instrumentalities are authorized and directed to provide such support and assistance as may be necessary to facilitate the planning and administration of the Conference. (b) In carrying out the provisions of this Act, the Administrator of the Small Business Administration— (1) shall provide such assistance as may be necessary for the organization and conduct of conferences at the State and regional levels as authorized under section 2(b) of this Act; and (2) is authorized to enter into contracts with public agencies, private organizations, and academic institutions to carry out the provisions of this Act. (c) The Chief Counsel for Advocacy shall assist in carrying out the provisions of this Act by preparing and providing background materials for use by participants in the Conference, as well as by participants in State and regional conferences. (d) Each participant in the Conference shall be responsible for his or her expenses related to attending the Conference and shall not be reimbursed either from funds appropriated pursuant to this Act or 15 USC 631 note, the Small Business Act. (e)(l) The President is authorized to appoint and compensate an executive director and such other directors and personnel for the Conference as he may deem advisable, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and without regard to the provisions of chapter 5 USC 5101 et 51 and subchapter III of chapter 53 of such title relating to classifiseq., 5331. cation and General Schedule pay rates. (2) Upon request by the executive director, the heads of the executive and military departments are authorized to detail employees to work with the executive director in planning and administering the Conference without regard to the provisions of section 3341 of title 5, United States Code. REPORTS R E Q U I R E D

15 USC 631 note.

Public availability.

SEC. 6. Not more than six months from the date on which the National Conference is convened, a final report of the Conference shall be submitted to the President and the Congress. The report shall include the findings and recommendations of the Conference as well as proposals for any legislative action necessary to implement the recommendations of the Conference. The final report of the Conference shall be available to the public.

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 PUBLIC LAW 98-276—MAY 8, 1984

98 STAT. 171

FOLLOWUP ACTIONS

SEC. 7. The Small Business Administration shall report to the Report. Congress annually during the three-year period following the sub- i^ use 631 note, mission of the final report of the Conference on the status and implementation of the findings and recommendations of the Conference. AVAILABILITY OF FUNDS

SEC. 8. (a) There are hereby authorized to be appropriated such 15 USC 631 note, sums as may be necessary to carry out the provisions of this Act, and they shall remain available until expended. New spending authority or authority to enter contracts as provided in this Act shall be effective only to such extent and in such amounts as are provided in advance in appropriation Acts. (b) No funds appropriated to the Small Business Administration shall be made available to carry out the provisions of this Act other than funds appropriated specifically for the purpose of conducting the Conference. Any funds remaining unexpended at the termination of the Conference, including submission of the report pursuant to section 6, shall be returned to the Treasury of the United States and credited as miscellaneous receipts. SEC. 9. This Act shall become effective October 1, 1984. Wf?i^X%^^^15 USC 631 note.

Approved May 8, 1984.

LEGISLATIVE HISTORY—H.R. 5298 (S. 2487): HOUSE REPORT No. 98-652 (Comm. on Small Business). SENATE REPORT No. 98-380 accompanying S. 2487 (Coram, on Small Business). CONGRESSIONAL RECORD, Vol 130 (1984): Apr. 9, considered and passed House. Apr. 11, considered and passed Senate.

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Page:Collodi - The Story of a Puppet, translation Murray, 1892.djvu/92

 medicine that would have cured you of the fever.'

'Oh, Fairy, Fairy!' the puppet then began to scream, 'give me the tumbler at once. . . be quick, for pity's sake, for I will not die—no. . . I will not die. . . .'

And taking the tumbler in both hands he emptied it at a draught.

'We must have patience!' said the rabbits; 'this time we have made our journey in vain.' And taking the little bier again on their shoulders they left the room, grumbling and murmuring between their teeth.

In fact, a few minutes afterwards Pinocchio jumped down from the bed quite well: because you must know that wooden puppets have the privilege of being seldom ill and of being cured very quickly.

The Fairy, seeing him running and rushing about the room as gay and as lively as a young cock, said to him:

'Then my medicine has really done you good?'

'Good, I should think so! It has restored me to life! . . .'

'Then why on earth did you require so much persuasion to take it?'

'Because you see that we boys are all like that! We are more afraid of medicine than of the illness.'

'Disgraceful! Boys ought to know that


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 98 STAT. 172

PUBLIC LAW 98-277—MAY 8, 1984 Public Law 98-277 98th Congress An Act

May 8, 1984 [S. 2460]

To designate a Federal building in Augusta, Maine, as the "Edmund S. Muskie Federal Building".

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Federal building located at 40 Western Avenue, Augusta, Maine, shall hereafter be named and designated as the "Edmund S. Muskie Federal Building". Any reference in a law, map, regulation, document, record, or other paper of the United States to such building shall be held to be a reference to the "Edmund S. Muskie Federal Building". Approved May 8, 1984.

• h%i

LEGISLATIVE HISTORY—S. 2460: SENATE REPORT No. 98-384 (Comm. on Environment and Public Works). CONGRESSIONAL RECORD, Vol. 130 (1984): Apr. 11, considered and passed Senate. Apr. 26, considered and passed House. .. ^

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 PUBLIC LAW 98-278—MAY 8, 1984 Public Law 98-278 98th Congress

98 STAT. 173

An Act

To authorize the awarding of special congressional gold medals to the daughter of Harry S Truman, to Lady Bird Johnson, and to Elie Wiesel.

May 8, 1984 [S. 2597]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. (a) The President is authorized to present, on behalf of the Congress, to Margaret Truman Daniel, a gold medal of appropriate design, in recognition of the lifetime of outstanding public service which her father, Harry S Truman, gave to the United States, and in commemoration of his one hundredth birthday which will be celebrated on May 8, 1984. (b) For purposes of the presentation referred to in subsection (a), the Secretary of the Treasury shall cause to be struck a gold medal with suitable emblems, devices, and inscriptions to be determined by the Secretary. (c) There are authorized to be appropriated not to exceed $25,000 Appropriation for fiscal year 1985 to carry out the provisions of this section. authorization. (d)(l) The Secretary of the Treasury may cause duplicates in bronze of the medal provided for in this section to be coined and sold under such regulations as the Secretary may prescribe, at a price sufficient to cover the cost thereof, including labor, materials, dies, use of machinery, overhead expenses, and the gold medal. (2) The appropriation used to carry out the provisions of this section shall be reimbursed out of the proceeds of such sales. SEC. 2. (a) The Congress finds and declares that— (1) Lady Bird Johnson represents the finest qualities of American women, having demonstrated exceptional abilities in the fields of government, business, and social justice; (2) Lady Bird Johnson's life of service to the Nation covers a generation of change in the status of women; (3) the intelligence and devotion of Lady Bird Johnson to the concerns of the family, natural resources, and education have eased the transition of the roles of women and benefited the Nation; (4) Lady Bird Johnson, in her roles as wife of a United States Representative and Senator, First Lady of the United States, skilled businesswoman, and regent for the University of Texas, has served as an example of the bridge between the traditional role and the contemporary roles of women in the United States; and (5) Lady Bird Johnson has received national recognition with the presentation of many awards, including the George Foster Peabody Award, the Eleanor Roosevelt Golden Candlestick Award, the B'nai B'rith Humanitarian Award, the Business and Professional Women's Club Businesswomen's Award, the Ladies Home Journal Woman of the Year Award, the University of Texas Distinguished Alumni Award, the Department of the

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 98 STAT. 174

Appropriation authorization.

Appropriation authorization.

PUBLIC LAW 98-278—MAY 8, 1984 Interior Conservation Service Award, and the Presidential Medal of Freedom. (b) The President is authorized to present, on behalf of the Congress, to Lady Bird Johnson a gold medal of appropriate design, in recognition of her humanitarian efforts and outstanding contributions to the improvement and beautification of America. (c) For purposes of the presentation referred to in subsection (b), the Secretary of the Treasury shall cause to be struck a gold medal with suitable emblems, devices, and inscriptions to be determined by the Secretary of the Treasury. (d) There are authorized to be appropriated not to exceed $25,000 for fiscal year 1985 to carry out the provisions of this section. (e)(1) The Secretary of the Treasury may cause duplicates in bronze of the medal provided for in this section to be coined and sold under such regulations as the Secretary may prescribe, at a price sufficient to cover the cost thereof, including labor, materials, dies, use of machinery, overhead expenses, and the gold medal. (2) The appropriation used to carry out the provisions of this section may be reimbursed out of the proceeds of such sales. SEC. 3. (a) The Congress finds and declares that— (1) Elie Wiesel is internationaly esteemed for his accomplishments as novelist, teacher, philosopher, critic, historian, humanitarian, and distinguished citizen of the United States and the world; (2) the twenty-five published works of Elie Wiesel include novels, testimonies, short stories, and essays which fuse the richness of centuries-old religious traditions with the insights of modern philosophy; (3) the life and writings of Elie Wiesel have been the subject of at least eleven books and his work is taught in high schools, colleges, and universities throughout the United States; (4) Elie Wiesel in his role of "spiritual archivist of the Holocaust" encourages an understanding of the horrors of the past in order to offer humanity hope for a better and more secure future; (5) Elie Wiesel served with distinction as Chairman of the President's Commission on the Holocaust and as Chairman of the United States Holocaust Memorial Council; (6) Elie Wiesel has traveled, written, and worked for the cause of human rights in Biafra, Lebanon, Cambodia, the Soviet Union, and Central America; and (7) Elie Wiesel has received the International Literary Prize for Peace and the Prix Medicis, two of the most prestigious literary awards of Europe, and honorary degrees from twentyfive universities of the United States and Israel. (b) The President is authorized to present, on behalf of the Congress, to Elie Wiesel a gold medal of appropriate design, in recognition of his humanitarian efforts and outstanding contributions to world literature and human rights. (c) For purposes of the presentation referred to in subsection (b), the Secretary of the Treasury shall cause to be struck a gold medal with suitable emblems, devices, and inscriptions to be determined by the Secretary of the Treasury. (d) There are authorized to be appropriated not to exceed $25,000 for fiscal year 1985 to carry out the provisions of this section. (e)(1) The Secretary of the Treasury may cause duplicates in bronze of the medal provided for in this section to be coined and sold

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 PUBLIC LAW 98-278—MAY 8, 1984 under such regulations as the Secretary may prescribe, at a price sufficient to cover the cost thereof, including labor, materials, dies, use of machinery, overhead expenses, and the gold medal. (2) The appropriation used to carry out the provisions of this section may be reimbursed out of the proceeds of such sales. SEC. 4. The medals provided for in this Act are national medals for the purposes of section 5111 of title 31, United States Code. Approved May 8, 1984.

LEGISLATIVE HISTORY—S. 2597 (H.J. Res. 394) (H.R. 3614): CONGRESSIONAL RECORD, Vol. 130 (1984): Mar. 13, H.J. Res. 394 and H.R. 3614 considered and passed House. Apr. 26, S. 2597 considered and passed Senate and House.

98 STAT. 175

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 98 STAT. 176

PUBLIC LAW 98-279—MAY 8, 1984 Public Law 98-279 98th Congress An Act

May 8, 1984 [S. 2461]

To designate a Federal building in Bangor, Maine, as the "Margaret Chase Smith Federal Building".

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Federal building located at 202 Harlow Street, Bangor, Maine, shall hereafter be named and designated as the "Margaret Chase Smith Federal Building". Any reference in a law, map, regulation, document, record, or other paper of the United States to such building shall be held to be a reference to the "Margaret Chase Smith Federal Building". Approved May 8, 1984.

LEGISLATIVE HISTORY—S. 2461: SENATE REPORT No. 98-385 (Comm. on Environment and Public Works). CONGRESSIONAL RECORD, Vol. 130 (1984): Apr. 11, considered and passed Senate. Apr. 26, considered and passed House.

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 PUBLIC LAW 98-280—MAY 9, 1984

98 STAT. 177

Public Law 98-280 98th Congress An Act To declare certain lands held by the Seneca Nation of Indians to be part of the Allegany Reservation in the State of New York.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) the lands described in subsection (b) are declared— (1) to be part of the Allegany Reservation in the State of New York, and (2) to have the status of tribal lands for purposes of Federal law. (b) The lands referred to in subsection (a) are the lands held by the Seneca Nation of Indians and more particularly described as follows: (1) All that piece or parcel of land acquired by the Seneca Nation of Indians from the State of New York, Department of Transportation, pursuant to a deed dated September 2, 1981, situate in lots numbered 24, 25, 26, 28, and 29, township numbered 2, range numbered 7, in the town of Red House, county of Cattaraugus, State of New York, and consisting of seven hundred and ninety-five acres, more or less. (2) All that piece or parcel of land acquired by the Seneca Nation of Indians from the State of New York, Department of Transportation, pursuant to a deed dated February 26, 1982, situate in lot numbered 14, township numbered 2, range numbered 8, town of Cold Spring, county of Cattaraugus, State of New York, and consisting of six acres, more or less. Approved May 9, 1984.

LEGISLATIVE HISTORY—H.R. 3555 (S. 2061): HOUSE REPORT No. 98-420 (Comm. on Interior and Insular Affairs). SENATE REPORT No. 98-402 accompanying S. 2061 (Comm. on Indian Affairs). CONGRESSIONAL RECORD: Vol. 129 (1983): Nov. 7, considered and passed House. Vol. 130 (1984): Apr. 26, considered and passed Senate.

31-194 0 - 86 - 8: QL. 3 Part 1

May 9, 1984 rjj Ij 3555]

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 98 STAT. 178

PUBLIC LAW 98-281—MAY 11, 1984 Public Law 98-281 98th Congress

i Joint Resolution

May 11, 1984 [S.J. Res. 244]

Designating the week beginning on May 6, 1984, as "National Asthma and Allergy Awareness Week".

Whereas asthma and allergic diseases result in physical, emotional, and economic hardship for more than thirty-five milHon Americans and their families; Whereas thousands of Americans, many of them young, die each year from asthma even though sufficient medical knowledge and resources exist to prevent many asthma-related deaths; Whereas student absenteeism is due in significant part to asthma and allergic diseases; Whereas environmental conditions in the workplace often cause or exacerbate asthma and allergic diseases among employees; Whereas many hospital patients suffer allergic reactions to prescribed medications; Whereas it is estimated that the American public pays $2,000,000,000 per year in medical bills directly attributable to the treatment and diagnosis of asthma and allergic diseases and pays another $2,000,000,000 per year as a result of the indirect social cost of such illnesses; Whereas, because of recent developments in the study of immunology, health care providers are better equipped to diagnose and treat asthma and allergic diseases; and Whereas increased public awareness of recent scientific advancements in the study of immunology will help dispel many of the common misconceptions concerning asthma, allergic disesises, and the victims of those illnesses: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled. That the week beginning on May 6, 1984, is hereby designated as "National Asthma and Allergy Awareness Week", and the President is authorized and requested to issue a proclamation calling upon the people of the United States to observe such week with appropriate ceremonies and activities. Approved May 11, 1984.

LEGISLATIVE HISTORY—S.J. Res. 244: CONGRESSIONAL RECORD, Vol. 130 (1984): Apr. 25, considered and passed Senate. May 3, considered and passed House.

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 PUBLIC LAW 98-282—MAY 14, 1984

98 STAT. 179

Public Law 98- •282 98th Congress An Act To declare that the United States holds certain lands in trust for the Makah Indian Tribe, Washington.

May 14, 1984 [H.R. 3376]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) Subject to subsection (c), all right, title, and interest of the United States in the lands described in subsection (b) are declared— (1) to be held in trust by the United States for the Makah Indian Tribe, Washington, and (2) to be a part of the Makah Indian Reservation. (b) The lands referred to in subsection (a) are the islands described as follows: The unsurveyed island of Tatoosh together with its islets and rocks, located between latitude 48 degrees 23 minutes north and 48 degrees 24 minutes north (protracted township 33 north, range 16 west, in section 2 and protracted township 34 north, range 16 west, in section 35), containing approximately 47.2 acres in Clallam County, Washington, West Willamette Meridian. The island known as Waadah Island, described as lot 1 in section 1, containing 1.89 acres; lot 1 in section 2, containing 22.94 acres; lot 11 in section 11, containing 3.50 acres, and lot 16 in section 12, containing 5.89 acres, all in township 33 north, range 15 west. West Willamette Meridian, Plat of Survey approved February 5, 1926. (c) Nothing in subsection (a) shall deprive the United States of any Coast Guard right to use, occupy, maintain, replace, expand, or reconstruct any facility. Coast Guard facility on any island described in subsection (b), including any aid to navigation and access to any such aid to navigation. If the United States Coast Guard shall at any time cease to have need for any such facilities, the Secretary of Transportation (or the Secretary of Defense when the Coast Guard is operating as a service in the Navy) shall notify the Makah Indian Tribe and the Secretary of the Interior of that fact. Upon any such notification, any reservation of right under this subsection shall terminate. (d) No existing fishing right of the Makah Indian Tribe shall be Fish and fishing. enlarged, impaired, or otherwise affected by subsection (a). Approved May 14, 1984.

LEGISLATIVE HISTORY—H.R. 3376 (S. 2468): HOUSE REPORT No. 98-462 (Comm. on Interior and Insular Affairs). SENATE REPORT No. 98-403 accompanying S. 2468 (Comm. on Indian Affairs). CONGRESSIONAL RECORD: Vol. 129 (1983): Nov. 18, considered and passed House. Vol. 130 (1984): Apr. 26, considered and passed Senate.

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 98 STAT. 180

PUBLIC LAW 98-283—MAY 15, 1984 Public Law 98-283 98th Congress

c Joint Resolution

May 15, 1984 [S.J. Res. 232]

'^^ authorize and request the President to designate the month of May 1984 as "National Physical Fitness and Sports Month".

Whereas one of every two adults in our country is a regular participant in exercise and sports; Whereas the number of physically active men and women has doubled in ten years and continues to grow rapidly; Whereas today we recognize that physical activity is an important part of daily life for people of both sexes and of all ages; Whereas physical activity is vital to good health and is a rich source of pleasure and personal satisfaction; Whereas our physical fitness and sports programs are one of the primary means by which we strengthen our bodies and refresh our spirits; and Whereas it is essential that we make fitness and sports programs increasingly available so that all of our citizens will be able to experience the joys and benefits they offer: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled. That the President is authorized and requested to issue a proclamation designating the month of May 1984 as "National Physical Fitness and Sports Month", and to call upon Federal, State, and local government agencies, and the people of the United States to observe the month with appropriate programs, ceremonies, and activities. Approved May 15, 1984.

LEGISLATIVE HISTORY—S.J. Res. 232: CONGRESSIONAL RECORD, Vol. 130 (1984): Feb. 27, considered and passed Senate. May 1, considered and passed House.

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 PUBLIC LAW 98-284—MAY 16, 1984

98 STAT. 181

Public Law 98- •284 98th Congress A n Act To extend and improve the existing program of research, development, and demonstration in the production and manufacture of guayule rubber, and to broaden such program to include other critical agricultural materials.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the first section of the Native Latex Commercialization and Economic Development Act of 1978 (hereinafter referred to as "the Act") is amended to read as follows: "That this Act may be cited as the 'Critical Agricultural Materials Act'.". SEC. 2. Section 2 of the Act is amended— (1) by inserting "(1)" after "SEC. 2. (a)"; (2) by redesignating subsections (b) through (e) as paragraphs (2) through (5); and (3) by striking out paragraph (5) (as so redesignated) and inserting in lieu thereof the following: "(5) Congress further recognizes that ongoing research into the development and commercialization of native latex has been conducted by the Department of Agriculture, the Department of Commerce, the National Science Foundation, and other public as well as private and industrial research groups, and that these research efforts should be continued and expanded."; and (4) by striking out subsection (f) and inserting in lieu thereof the following: "(b) In addition, Congress recognizes that the development of a domestic industry or industries for the production and manufacture from native agricultural crops of products other than rubber which are of strategic and industrial importance but for which the Nation is now dependent upon foreign sources, would benefit the economy, the defense, and the general well-being of the Nation, and that additional research efforts in this area should be undertaken or continued and expanded. "(c) It is therefore the policy of the United States to provide for the development and demonstration of economically feasible means of culturing and manufacturing Parthenium and other hydrocarboncontaining plants, along with other native agricultural crops, for the production of critical agricultural materials to benefit the Nation and promote economic development.". SEC. 3. (a) Section 3(d) of the Act is amended to read as follows: "(d) The term 'native' means hydrocarbon-containing plants and other agricultural crops of strategic and industrial importance which may be cultured in North America, especially plants which are members of the genus Parthenium known as Guayule."; and (b) Section 3 of the Act is further amended by striking out subsection (e). SEC. 4. (a) Section 4(a) of the Act is amended by striking out "Guayule Research and Commercialization" and inserting in lieu thereof "Research and Development of Critical Agricultural Materials".

May 16, 1984 [H.R. 2733] 7 USC 178 note.

7 USC 178.

Hydrocarboncontaining plants.

7 USC 178a.

7 USC 178b.

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 98 STAT. 182

PUBLIC LAW 98-284—MAY 16, 1984

7 USC 178b.

(b) Section 4(b) of the Act is amended to read as follows: "(b) The Joint Commission shall consist of the following members: Three individuals designated by the Secretary of Agriculture from among the staff of the Department of Agriculture; three individuals designated by the Secretary of Commerce from among the staff of the Department of Commerce; a representative of the Bureau of Indian Affairs of the Department of the Interior; a representative of the National Science Foundation; a representative of the Department of State; a representative of the Department of Defense; and a representative of the Federal Emergency Management Agency. Each of the members of the Joint Commission shall be an individual who, on behalf of the Department or agency which such individual represents, is engaged in the support of research, development, demonstration, and commercialization activities involving native latex and the production of other critical agricultural materials from native agricultural crops.". (c) Section 4(c) of the Act is amended to read as follows: "(c) The Joint Commission shall be headed by a Chairman who shall be selected by the Secretary of Agriculture from among the three individuals designated by the Secretary as members under subsection (b).". (d) Section 4(h) of the Act is amended by striking out "rubber manufacturing and commerce" and inserting in lieu thereof "manufacturing and commerce involving rubber and other critical agricul-

7 USC 178c.

SEC. 5. Section 5 of the Act is amended— (1) by striking out the first sentence and inserting in lieu thereof the following: "(a) The Department of Agriculture shall be the lead agency in carrying out this Act. "(b) The Secretary of Agriculture shall conduct, sponsor, promote, and coordinate basic and applied research, technology development, and technology transfer leading to effective and economical methods for large-scale culturing of plantations and the extraction of latex from Parthenium or other hydrocarbon-containing plants, and for the development of other critical agricultural materials from native agricultural crops having strategic and industrial importance."; (2) by redesignating clauses (a) through (h) in the second sentence as paragraphs (1) through (8), respectively; (3) by striking out paragraph (3) (as so redesignated) and inserting in lieu thereof the following: "(3) accelerating present plant breeding, genetics, and selection programs for the purpose of improving and increasing latex yields, expanding insect and disease resistance, broadening the ranges of drought and cold resistance of the Parthenium plant, and providing a system of regional research trials for enhancing and increasing the supply of foundation seed for certified seed production;"; (4) by striking out paragraph (4) (as so redesignated) and inserting in lieu thereof the following: "(4) establishing a system of large-scale experimental plantings (aggregating ten thousand acres or more) to provide shrub for feedstock to process in the developmental rubber processing facility described in paragraph (7);"; (5) by striking out paragraph (7) (as so redesignated) and inserting in lieu thereof the following:

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 PUBLIC LAW 98-284—MAY 16, 1984 "(7) accelerating the refinement of present extraction and processing technologies and future extraction technologies, including the development and construction of a developmental rubber processing facility for the extraction and production of test quantities of gua5aile natural rubber;"; (6) by striking out the period at the end of paragraph (8) (as so redesignated) and inserting in lieu thereof "; and, (7) by adding after paragraph (8) (as so redesignated) the following new paragraph: "(9) studying the economic feasibility of developing other native agricultural crops (in addition to Parthenium and other hydrocarbon-containing plants) that would supply critical agricultural materials for strategic and industrial purposes, and, to the extent appropriate, carrying out research activities with respect to such crops in the manner specified in paragraphs (1) through (8)."; and (8) by adding at the end thereof the following new subsection: "(c) The Secretary of Agriculture shall establish within the Department of Agriculture an Office of Critical Agricultural Materials, as a central location where such Department can address research and development with respect to agricultural crops that have the potential of producing critical materials for strategic and industrial purposes.". SEC. 6. Section 6 of the Act is amended— (1) by inserting before the period at the end of the first sentence the following: "or the manufacture and commercialization of other critical agricultural materials from native agricultural crops having strategic and industrial importance"; (2) by striking out "may be carried out through the Regional Commissions or otherwise and" in the second sentence; (3) by striking out "and" at the end of clause (e); (4) by striking out the period at the end of clause (f) and inserting in lieu thereof "; and"; and (5) by adding after clause (f) the following new clause: "(g) to the extent appropriate, carrying out research activities j^ with respect to native agricultural crops (other than Parthenium and other hydrocarbon-containing plants) that would supply critical agricultural materials for strategic and industrial purposes, in the manner specified in clauses (a) through (f).".

98 STAT. 183

Office of Critical Agricultural Materials, establishment. Research and development. 7 USC 178d.

''i,

7 USC 178e. SEC. 7. Section 7 of the Act is amended— (1) by inserting ", the Government of Australia, and the Government of Israel" after "Mexico"; and (2) by striking out "latex extraction and processing" and inserting in lieu thereof "extraction and processing of latex and other critical agricultural materials produced in the United States". SEC. 8. Section 8 of the Act is amended by inserting before the 7 USC 178f. period at the end thereof the following: "or to other critical agricultural materials". 7 USC 178g. SEC. 9. Section 9 of the Act is amended— (1) by inserting "or the culture of other native agricultural crops which could supply critical agricultural materials" before the semicolon in clause (h); and (2) by inserting "or the technology of other native agricultural crops which could supply critical agricultural materials" before the semicolon in clause (i).

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 98 STAT. 184 7 USC I78h.

7 USC I78i.

7 USC 178k.

7 USC 178/. 7 USC 178m.

Appropriation authorizations.

7 USC 178n.

PUBLIC LAW 98-284—MAY 16, 1984 SEC. 10. Section 10 of the Act is amended— (1) by striking out "the provisions of this section" and inserting in lieu thereof "the provisions of this Act"; (2) by striking out ", acting through the Regional Commissions or otherwise,"; (3) by inserting "having expertise in native agricultural crops which could supply critical agricultural materials" after "personnel" in clause (b); and (4) by striking out "natural rubber manufacture" in clause (f) and inserting in lieu thereof "the activities authorized by this Act". SEC. 11. Section 11 of the Act is amended— (1) by striking out "shall insure that their activities are closely coordinated with the activities of other Federal agencies" and inserting in lieu thereof "shall cooperate with each other in the conduct of their activities under this Act, and shall insure that their activities under this Act are closely coordinated with the activities of other Federal agencies"; (2) by inserting "Department of State," after "Department of Energy,"; and (3) by striking out "Federal Preparedness Agency, and others" and inserting in lieu thereof "Federal Emergency Management Agency, and others,". SEC. 12. Section 13 of the Act is amended— (1) by striking out "The Secretary of Agriculture and the Secretary of Commerce" and inserting in lieu thereof "The Secretaries"; (2) by inserting after "byproducts" the following: ", as well as products, other than rubber, developed from agricultural crops which are of strategic and industrial importance,"; and (3) by inserting after the first sentence the following new sentence: "Dispositions under this section may include sales of the materials involved to other Federal departments and agencies for testing purposes.". SEC. 13. Section 14 of the Act is amended by striking out "The Secretary of Agriculture and the Secretary of Commerce" and inserting in lieu thereof "The Secretaries". SEC. 14. Section 15 of the Act is amended— (1) by striking out "The Secretary of Agriculture and the Secretary of Commerce" and inserting in lieu thereof "The (2) by striking out "1982" and inserting in lieu thereof "1987". SEC. 15. (a) Section 16(a) of the Act is amended by striking out "and" where it appears after "1981," and by inserting after "1983," the following: "$5,000,000 for the fiscal year ending September 30, 1984, $5,500,000 for the fiscal year ending September 30, 1985, $6,500,000 for the fiscal year ending September 30, 1986, $7,500,000 for the fiscal year ending September 30, 1987, and $8,000,000 for the fiscal year ending September 30, 1988,". Ob) Section 16(b) of the Act is amended by striking out "and" where it appears after "1981," and by inserting after "1983," the following: "$2,500,000 for the fiscal year ending September 30, 1984, $3,000,000 for the fiscal year ending September 30, 1985, $3,500,000 for the fiscal year ending September 30, 1986, $4,000,000 for the fiscal year ending September 30, 1987, and $4,500,000 for the fiscal year ending September 30, 1988,".

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 PUBLIC LAW 98-284—MAY 16, 1984

98 STAT. 185

(c) Section 16 of the Act is further amended by adding at the end thereof the following new subsection: "(e) Notwithstanding any other provision of this Act, the Secretaries and the Joint Commission shall limit their activities under this Act to critical agricultural materials other than native latex after the close of the fiscal year ending September 30, 1988.".

7 USC I78n.

Approved May 16, 1984.

.SB--.

LEGISLATIVE HISTORY—H.R. 2733: HOUSE REPORTS: No. 98-109, Pt. 1 (Comm. on Agriculture) and Pt. 2 (Comm. on Science and Technology). SENATE REPORT No. 98-164 (Comm. on Agriculture, Nutrition, and Forestry). CONGRESSIONAL RECORD: Vol. 129 (1983): May 17, considered and passed House. Vol. 130 (1984): May 1, considered and passed Senate.

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 98 STAT. 186

PUBLIC LAW 98-285—MAY 17, 19^4 Public Law 98-285 98th Congress An Act

May 17, 1984 [H.R. 3240]

Appropriation authorization.

-JQ authorize the President of the United States to present on behalf of Congress a specially struck medal to the widow of Roy Wilkins.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) the President of the United States is authorized to present, on behalf of the Congress, to Aminda Badeau Wilkins, the widow of Roy Wilkins, a gold medal of appropriate design in recognition of the incomparable contribution of Roy Wilkins to the struggle for civil rights and equality for all Americans. For such purpose, the Secretary of the Treasury is authorized and directed to cause to be struck a gold medal with suitable emblems, devices, and inscriptions to be determined by the Secretary of the Treasury. There are authorized to be appropriated not to exceed $25,000 to carry out the provisions of this subsection. (b) The Secretary of the Treasury may cause duplicates in bronze of such medal to be coined and sold under such regulations as he may prescribe, at a price sufficient to cover the cost thereof, including labor, materials, dies, use of machinery, overhead expenses, and the gold medal. The appropriation used to carry out the provisions of subsection (a) shall be reimbursed out of the proceeds of such sales. SEC. 2. The medals provided for in this Act are national medals for purposes of section 5111 of title 31, United States Code. Approved May 17, 1984.

LEGISLATIVE HISTORY—H.R. 3240: CONGRESSIONAL RECORD, Vol. 130 (1984): Mar. 13, considered and passed House. May 8, considered and passed Senate.

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 PUBLIC LAW 98-286—MAY 17, 1984

98 STAT. 187

Public Law 98-286 98th Congress Joint Resolution To designate the week of May 20, 1984, through May 26, 1984, as "National Arts With the Handicapped Week".

Whereas programs involving the arts enhance the learning and enrich the lives of disabled persons; Whereas arts with the handicapped is a means of integrating disabled persons into the mainstream of education and cultural society; Whereas programs bringing arts to the handicapped inform the general public, parents, volunteers, and the business community of the value of arts to the disabled; Whereas emphasis is needed to expand support for arts programs with the handicapped and to increase participation and commitment of the community and educators to these activities; Whereas the National Committee Arts With the Handicapped, an educational affiliate of the John F. Kennedy Center for the Performing Arts, will celebrate its tenth anniversary as the coordinating agency for arts programs for disabled children with a very special arts festival in Washington, District of Columbia, during the week of May 20, 1984; and Whereas the committee conducts education programs in all fifty States, the District of Columbia, and Puerto Rico to assure that all disabled persons have access to programs which bring the arts into their lives: 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 May 20, 1984, through May 26, 1984, is designated as "National Arts With the Handicapped Week", and the President is authorized and requested to issue a proclamation calling upon the people of the United States to observe the week with appropriate programs, ceremonies, and activities. Approved May 17, 1984.

LEGISLATIVE HISTORY—S.J. Res. 220: CONGRESSIONAL RECORD, Vol. 130 (1984): Feb. 27, considered and passed Senate. May 3, considered and passed House.

May 17, 1984 [S.j. Res. 220]

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 98 STAT. 188

PUBLIC LAW 98-287—MAY 21, 1984 Public Law 98-287 98th Congress An Act

May 21, 1984 [S. 597]

Real property.

Real property.

To convey certain lands to Show Low, Arizona.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. That the Secretary of Agriculture is authorized and directed to survey and convey, by quitclaim deed and without consideration, to the city of Show Low, Arizona, all right, title, and interest of the United States to the lands generally depicted on a map entitled "Land Conveyance, City of Show Low, Arizona", and dated February 1984, which shall be on file and available in the office of the Chief of the Forest Service, Department of Agriculture, and more particularly described as a tract of land, together with improvements thereon, known as the Show Low City Park estimated to include approximately 52.46 acres. SEC. 2. Title to any real property acquired by the city of Show Low pursuant to this Act shall revert to the United States if the city attempts to convey or otherwise transfer ownership of any portion of such property to any other party or attempts to encumber such title, or if the city permits the use of any portion of such property for any purpose incompatible with the purposes specified in section 3 of this Act. SEC. 3. Real property conveyed to the city of Show Low pursuant to this Act shall be used only for public open space, park and recreational purposes. Approved May 21, 1984.

.1.801

LEGISLATIVE HISTORY—S. 597 (S. 613): HOUSE REPORT No. 98-609 (Comm. on Interior and Insular Affairs). SENATE REPORT No. 98-12 accompanying S. 613 (Comm. on Energy and Natural Resources). CONGRESSIONAL RECORD: Vol. 129 (1983): Apr. 13, considered and passed Senate. Vol. 130 (1984): Mar. 5, considered and passed House, amended. Apr. 11, Senate concurred in House amendment with amendment. May 2, House concurred in Senate amendment.

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 PUBLIC LAW 98-288—MAY 21, 1984

98 STAT. 189

Public Law 98-288 98th Congress An Act To extend and improve the Domestic Volunteer Service Act of 1973, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That this Act may be cited as the "Domestic Volunteer Service Act Amendments of 1984". VOLUNTEERS IN SERVICE TO AMERICA; STATEMENT OF PURPOSE

SEC. 2. Section 101 of the Domestic Volunteer Service Act of 1973 (hereafter in this Act referred to as the "Act") is amended— (1) in the second sentence— (A) by inserting "and alleviate" after "eliminate"; (B) by striking out "human, social, and environmental" after "poverty-related"; (e; (C) by inserting ", all geographical areas," after "all walks of life"; and 4^a

(D)

by

inserting

"low-income

individuals,"

May 21, 1984 [S. 1129] Domestic Volunteer Service Act Amendments of 1984. 42 USC 4951 note. 42 USC 4951.

before

"elderly"; and (2) by adding at the end thereof the following new sentence: "In addition the objective of this part is to generate the commitment of private sector resources and to encourage volunteer service at the local level to carry out the purposes set forth in this section.". RECRUITMENT

SEC. 3. Section 102 of the Act is amended by inserting "(a)" after the section designation and by adding at the end thereof the following new subsections: "(b) If any applicant under this part who is recruited locally becomes unavailable for service prior to the commencement of service, the recipient of the project grant or contract may replace such applicant with another qualified applicant approved by the Director. "(c) The Director shall ensure that not less than 20 per centum of all volunteers under this part are fifty-five years of age or older.".

42 USC 4952.

ASSIGNMENT OF VOLUNTEERS

SEC. 4. (a) Section 103(a) of the Act is amended— (1) in the matter preceding clause (1)— (A) by inserting "in the local communities in which the volunteers were recruited" after "States"; and (B) by inserting ", including work" after "programs"; and (2) by striking out in paragraph (2) ", under the supervision of nonprofit institutions or facilities, and" and inserting in lieu thereof a semicolon;

42 USC 4953.

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 98 STAT. 190

42 USC note. 42 USC 2996. 42 USC note. 42 USC note.

9901 2991, 9801 9801

42 USC 4953.

Employment and unemployment. 29 USC 1501 note.

42 USC 5042.

42 USC 4953.

PUBLIC LAW 98-288—MAY 21, 1984 (3) by striking out in clause (3) "the Economic Opportunity Act of 1964, as amended (42 U.S.C. chapter 34)" and inserting in lieu thereof "the Community Service Block Grant Act, titles VIII and X of the Economic Opportunity Act of 1964, the Headstart Act, or the Community Economic Development Act of 1981,"; and (4) by redesignating clause (3) as clause (5) and by inserting immediately after clause (2) the following new clauses: "(3) in addressing the problems of the homeless, the jobless, the hungry, illiterate or functionally illiterate youth and other individuals, and low-income youths; "(4) in addressing the special needs connected with alcohol and drug abuse prevention, education, and related activities, consistent with the purpose of this part; and". (b) Section 103(b) of the Act is amended by striking out all that follows the first sentence and inserting in lieu thereof "The Director shall make efforts to assign volunteers to serve in their home communities or in nearby communities and shall make national efforts to attract other volunteers to serve in the VISTA program.". (c)(1) Section 103 of the Act is further amended— (A) by redesignating subsections (c) and (d) as subsections (e) and (f), respectively; and (B) by inserting after subsection (b) the following new subsections: "(c) The Director shall provide each low-income community volunteer with an individual plan for job advancement or for transition to a situation leading to gainful employment. Whenever feasible, such efforts shall be coordinated with an appropriate private industry council under the Job Training Partnership Act. "(d) The Director may provide or arrange for educational and vocational counseling of volunteers and recent former volunteers under this part to (1) encourage them to use, in the national interest, the skills and experience which they have derived from their training and service, particularly working in combating poverty as members of the helping professions, and (2) promote the development of appropriate opportunities for the use of such skills and experience, and the placement therein of such volunteers.". (2) Section 402 of the Act is amended by— (A) striking out all of clause (13); and (B) redesignating clauses (14) and (15) as clauses (13) and (14), respectively. (d) The first sentence of section 103(f) (as redesignated by subsection (c) of this section) is amended by striking out "duties or work in a program or project in any State unless such program or project" and inserting in lieu thereof "work in a program or project in any community unless the application for such program or project contains evidence of local support and". TERMS AND PERIODS OF SERVICE

42 USC 4954.

SEC. 5. Section 104(a) is amended— (1) by striking out "human, social, and environmental" in the first sentence; and (2) by striking out "this" the first place it appears in the second sentence and inserting in lieu thereof "the requirement for full-time commitment".

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 PUBLIC LAW 98-288—MAY 21, 1984

98 STAT. 191

SUPPORT SERVICES

SEC. 6. Section 105(b) of the Act is amended by inserting "preservice training and where appropriate in-service training,' after "supervision,".

42 USC 4955.

PARTICIPATION OF BENEFICIARIES

SEC. 7. Section 106 of the Act is amended by striking out "take all necessary steps to establish, in regulations he shall prescribe" and insert in lieu thereof "establish in regulations".

42 USC 4956.

REPEAL OF LIMITATIONS

SEC. 8. Section 108 of the Act is amended— (1) by striking out in the first sentence of subsection (a) "1977" and inserting in lieu thereof "1984"; (2) by striking out all of the second sentence of subsection (a); and (3) in subsection (b)(2) by striking out "human, social, or environmental".

42 USC 4958.

SERVICE LEARNING PpOGRAMS; STATEMENT OF PURPOSE

SEC. 9. Section 111 of the Act is amended— (1) by inserting immediately before the first sentence of such section the following new sentence: "The purpose of this part is to assist students, through service-learning programs, to undertake volunteer service in such a way as to enhance the educational value of the service experience, through participation in activities that strengthen and supplement efforts to eliminate and alleviate poverty and poverty-related problems."; and (2) by striking out "encourage other students" in the third sentence and all that follows through the end of such subsection and inserting in lieu thereof "provide technical assistance and training to encourage other students and faculty to engage in volunteer service on a part-time, self-supporting basis, to meet the needs of the poor in the surrounding community through expansion of service-learning programs and otherwise.".

Students. 42 USC 4971.

SPECIAL SERVICE LEARNING PROGRAMS

SEC. 10. Section 114(a) of the Act is amended to read as follows: "SEC. 114. (a) The Director is authorized to make grants and contracts for technical assistance, training, and projects which encourage and enable students in secondary, secondary vocational, and postsecondary schools to participate in service-learning programs on an in-school or out-of-school basis in assignments of a character and on such terms and conditions as are described in subsections (a) and (e) of section 103. Any project assisted under this part shall meet the anti-poverty criteria of section 111 and contain an educational and service component.".

Grants. Students. 42 USC 4974.

42 USC 4953. 42 USC 4971.

SPECIAL VOLUNTEER PROGRAMS; STATEMENT OF PURPOSE

SEC. 11. Section 121 of the Act is amended— (1) by striking out "human, social, and environmental"; and (2) by adding at the end thereof the following new sentence: "It is the further purpose of this part to provide technical and

42 USC 4991.

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 98 STAT. 192

PUBLIC LAW 98-288—MAY 21, 1984 financial assistance to encourage voluntary organizations and volunteer efforts at the national, State, and local level.". AUTHORITY TO ESTABLISH AND OPERATE PROGRAMS

Grants. Contracts with U.S. 42 USC 4992.

SEC. 12. Section 122 of the Act is amended by inserting at the end thereof the following new subsection (d): "(d)(1) In carrying out programs authorized by this part, the Director shall establish criteria to make grants and enter into contracts, in each fiscal year, on the basis of merit and the equitable geographic distribution of programs. "(2) No grant or contract exceeding $50,000 shall be made under this part unless the grantee or contractor has been selected by a competitive process which includes public announcement of the availability of funds for such grant or contract, general criteria for the selection of recipients or contractors, and a description of the application process and application review process. "(3) Multiple grants or contracts to the same grantee or contractor within any one year to support activities having the same general purpose shall be deemed to be a single grant for the purpose of this subsection, but multiple grants or contracts to the same grantee or contractor to support clearly distinct activities shall be considered separate grants or contracts.". TECHNICAL AND FINANCIAL ASSISTANCE

42 USC 4993.

SEC. 13. Section 123 of the Act is amended by striking out "or (2)" and inserting in lieu thereof "(2) technical assistance and training programs, including the creation or expansion of private capabilities where possible and the development of voluntary organizations, with particular emphasis on low-income, minority, and communitybased groups, or (3)". GENERAL AMENDMENTS REGARDING PROGRAMS

Foster grandparent.

.li; j „, I

SEC. 14. (a) Section 201(a) of the Act (42 U.S.C. 5001(a)) is amended by striking out "he" each place it appears and inserting in lieu thereof "the Director". (b) Section 201(b) of the Act (42 U.S.C. 5001(b)) is amended by striking out "30 per centum" and all that follows through "years", and inserting in lieu thereof "and 30 per centum in any subsequent such years". (c) Section 211 of the Act (42 U.S.C. 5011) is amended— Q) ^^ subsection (a) by Striking out "he" each place it appears and inserting in lieu thereof "the Director"; (2) in subsection (b)(2) by adding at the end thereof "If the particular foster grandparent subject to the determination under this paragraph becomes unavailable to serve after such determination is made, the agency or organization may select another foster grandparent."; (3) in subsection (d)— (A) by striking out "he" each place it appears and inserting in lieu thereof "the Director"; and (B) by striking out "$2" each place its appears and inserting in lieu thereof "$2.20"; and (4) by amending subsection (e) to read as follows:

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 PUBLIC LAW 98-288—MAY 21, 1984

98 STAT. 193

"(e) For purposes of this part, the terms 'low-income person' and 'person of low income' mean— "(1) any person whose income is not more than 125 per centum of the poverty line defined in section 673(2) of the Community Services Block Grant Act (42 U.S.C. 9902(2)) and adjusted by the Director in the manner described in such section; and "(2) any person whose income is not more than 100 per centum of such poverty line, as so adjusted and determined by the Director after taking into consideration existing poverty guidelines as appropriate to local situations. Persons described in paragraph (2) shall be given special consideration for participation in projects under this part.".

Disadvantaged persons.

SENIOR COMPANION PROJECTS TO ASSIST HOMEBOUND ELDERLY

SEC. 15. Section 213 of the Act is amended by adding at the end thereof the following new subsection: "(c)(1) The Director is authorized to make grants or contracts for senior companion projects to assist homebound elderly to remain in their own homes and to enable institutionalized elderly to return to home care settings. "(2)(A) The Director is authorized to recruit, subject to subparagraph (B), senior companion volunteer trainers who on the basis of experience (such as, doctors, nurses, home economists, social workers) will be used to train senior companion volunteers to participate in and monitor initial and continuing needs assessments and appropriate in-home services for senior companion volunteer recipients. The needs assessments and in-home services shall be coordinated with and supplement existing community based home health and long-term care systems. The Director may also use senior companion volunteer leaders, who on the basis of experience as volunteers, special skills, and demonstrated leadership abilities may spend time in the program (in addition to their regular assignment) to assist newer senior companion volunteers in performing their assignments and in coordinating activities of such volunteers. "(B) Senior companion volunteer trainers recruited under subparagraph (A) of this paragraph shall not be paid stipends. "(3) The Director shall conduct an evaluation of the impact of the projects assisted under this subsection based upon a sample survey of projects so assisted. In the third year of such study, the Director shall prepare and submit a report to the Congress. Such evaluation study shall include information on— "(A) the extent to which costs of providing long-term care are reduced by using senior companion volunteers who receive stipends in the provision of long-term care services; "(B) the effectiveness of the provision of long-term care with the use of volunteers; "(C) the extent to which health care needs and health related costs of the senior companion volunteers themselves are affected because of their involvement in the project; "(D) the extent of coordination with other Federal and State efforts aimed at enabling older individuals to receive care in their own homes; and "(E) the effectiveness of using senior companion volunteer leaders and of involving senior companion volunteers based on the training of the volunteer leaders and volunteers.".

42 USC 5013. Grants. Contracts with U.S.

Report.

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 98 STAT. 194 ,,,

PUBLIC LAW 98-288—MAY 21, 1984 OLDER AMERICAN VOLUNTEER PROGRAMS; LOCALLY GENERATED CONTRIBUTIONS

SEC. 16. (a) Part C of title II of the Act is amended by adding at the end thereof the following new section: " U S E OF LOCALLY GENERATED CONTRIBUTIONS IN OLDER AMERICAN VOLUNTEER PROGRAMS

42 USC 5024.

"SEC. 224. Whenever locally generated contributions made to volunteer programs for older Americans under this title are in excess of the amount required by the Director, the Director may not restrict the manner in which such contributions are expended if expenditures from locally generated contributions are not inconsistent with the provisions of this Act.". (b) The table of contents of part C of title II of the Act is amended by inserting after item "Sec. 223." the following new item: "Sec. 224. Use of locally generated contributions in older American volunteer programs.". ESTABLISHMENT OF AGENCIES

42 USC 5041.

42 USC 4951. 42 USC 5001.

SEC. 17. Section 401 of the Act is amended— (1) by inserting before the period at the end of the first sentence the following: "in order to provide a focal point for volunteerism at the national. State, and local level"; and (2) by striking out all of such section after the fourth sentence and inserting in lieu thereof the following: "There shall also be in such agency one Associate Director who shall be appointed by the President with the advice and consent of the Senate, and shall be compensated at the rate provided for level 5 of the Executive Schedule under section 5316 of title 5, United States Code. Such Associate Director shall be designated 'Associate Director for Domestic and Anti-Poverty Operations' and shall carry out operational responsibility for all programs authorized under this Act. There shall also be in such agency two Assistant Directors, each of whom shall be appointed by the Director, and who shall report directly to the Associate Director for Domestic and Anti-Poverty Operations. One such Assistant Director shall be primarily responsible for VISTA and other antipoverty programs under title I of this Act, and one such Assistant Director shall be primarily responsible for the Older American Volunteer Programs under title II of this Act.". AUTHORITY OF THE DIRECTOR

42 USC 5042.

Effective date. note ^ ^^^^

SEC. 18. (a) Section 402(1) of the Act is amended by inserting immediately before the semicolon at the end thereof the following: "except that the number of schedule C employees, individuals employed on a temporary basis at GS-8 or higher, experts, and consultants shall at no time exceed 8.5 per centum of the total number of individuals employed by the ACTION Agency". (b) The amendment made by subsection (a) shall take effect one y®^*" after the date of the enactment of this Act.

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Page:United States Statutes at Large Volume 98 Part 1.djvu/243

 PUBLIC LAW 98-288—MAY 21, 1984

98 STAT. 195

SPECIAL LIMITATIONS

SEC. 19. Section 404(f) of the Act is amended— 42 USC 5044. (1) by striking out "and except as provided in the second sentence of this subsection" in the first sentence; and (2) by striking out the second sentence. REPEAL OF THE NATIONAL VOLUNTEER SERVICE ADVISORY COUNCIL

SEC. 20. (a) Effective January 1, 1986, section 405 of the Act is 42 USC 5045. repealed. (b) Effective January 1, 1986, the item relating to section 405 in the table of contents is repealed. .-)<Mft

 * iQ'

REPORTS

SEC. 21. Section 407 of the Act is amended by inserting at the end 42 USC 5047. thereof the following new sentence: "Such report shall reflect the findings and actions taken as a result of any evaluation conducted pursuant to section 416.". 42 USC 5056. C H A N G E S IN NOTICE AND HEARING PROCEDURES

SEC. 22. Section 412 of the Act is amended— 42 USC 5052. (1) by inserting "(a)" after "412."; (2) by striking out in paragraph (1) ", nor shall an" and all that follows to the end of such paragraph and inserting in lieu thereof a semicolon; (3) by redesignating paragraph (2) as paragraph (4); (4) by inserting after paragraph (1) the following new paragraphs: "(2) an application for refunding under this Act may not be denied unless the recipient has been given (A) notice at least 75 ^,, days before the denial of such application of the possibility of such denial and the grounds for any such denial, and (B) opportunity to show cause why such action should not be taken; '(3) in any case where an application for refunding is denied for failure to comply with the terms and conditions of the grant or contract award, the recipient shall be afforded an opportu„^,, nity for an informal hearing before an impartial hearing officer, who has been agreed to by the recipient and the Agency; and"; and (5) inserting at the end thereof the following new subsection: "(b) In order to assure equal access to all recipients, such hearings or other meetings as may be necessary to fulfill the requirements of this section shall be held at locations convenient to the recipient agency.". EVALUATION

SEC. 23. Section 416(a) of the Act is amended— 42 USC 5056. (1) by striking out "periodically" and inserting in lieu thereof "biennially"; and (2) in the second sentence by striking out "or project evaluated." and inserting in lieu thereof "or any project of such program being evaluated. Such evaluation shall also measure and evaluate compliance with the equitable distribution requirement of section 414 of this Act.". 42 USC 5054.

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title: Page:The Yellow Book - 06.djvu/205


text:
Page:United States Statutes at Large Volume 98 Part 1.djvu/244

 98 STAT. 196

PUBLIC LAW 98-288—MAY 21, 1984 ELIGIBILITY FOR OTHER PROJECTS

42 USC 5058.

SEC. 24. Section 418 of the Act is amended by inserting "workers* compensation," after "public assistance,". LEGAL EXPENSES

42 USC 5059.

SEC. 25. Section 419 of the Act is amended by striking out "or section 8(b)(1) of the Small Business Act, as amended (15 U.S.C. 637(b)(1))". REQUIREMENTS FOR PRESCRIBING REGULATIONS

42 USC 5060.

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SEC. 26. Section 420 of the Act is amended— (1) by striking out in subsection (c)(1) "Except as provided in paragraph (2)(B) of this subsection, no" and inserting in lieu thereof "No"; (2) in subsection (c)(2)(A) by striking out "(A)" after "(2)"; (3) by striking out paragraph (B) of subsection (c)(2); and (4) in subsection (d)— (A) by striking out in the second sentence "Except as is provided in the following sentence, no" and inserting in lieu thereof "No"; and (B) by striking out the third sentence. NATIONAL VOLUNTEER ANTIPOVERTY PROGRAMS AUTHORIZATION

42 USC 5081.

SEC. 27. (a) Section 501 of the Act is amended to read as follows: " N A T I O N A L V O L U N T E E R ANTIPOVERTY PROGRAMS AUTHORIZATION

42 USC 4951. 42 USC 4971. 42 USC 4991.

42 USC 4951. 97 Stat. 964. 42 USC 4971, 4991, 5001. 42 USC 4951.

"SEC. 501. (a) There is authorized to be appropriated to carry out part A of title I of this Act $17,000,000 for fiscal year 1984, $20,000,000 for fiscal year 1985, and $25,000,000 for fiscal year 1986. "(b) There is authorized to be appropriated to carry out part B of title I of this Act $1,800,000 for the fiscal year 1984 and for each of the fiscal years 1985 and 1986. "(c) There is authorized to be appropriated to carry out part C of title I of this Act $1,984,000 for the fiscal year 1984 and for each of the fiscal years 1985 and 1986. "(d)(1) Of the amounts appropriated under this section for parts A, B, and C of title I, there shall first be available for part A of title I an amount not less than the amount necessary to provide— "(A) 2,000 years of volunteer service in fiscal year 1984; "(B) 2,200 years of volunteer service in fiscal year 1985; and "(C) 2,400 years of volunteer service in fiscal year 1986. "(2) For purposes of paragraph (1), the term 'volunteer service' shall include training and other support required under this Act for purposes of part A of title L "(3) The requirement of paragraph (1)(A) shall not apply unless there is appropriated for title I for fiscal year 1984 an amount in addition to amounts available under Public Law 98-151. "(e) No part of the funds authorized under subsection (a) may be used to provide volunteers or assistance to any program or project authorized under part B or C of title I, or under title II, unless the program or project meets the antipoverty criteria of part A of title I.".

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Page:United States Statutes at Large Volume 98 Part 1.djvu/245

 PUBLIC LAW 98-288—MAY 21, 1984

98 STAT. 197

(b) The item related to section 501 in the table of contents of the Act is amended by inserting "authorization" after "programs". AMENDMENTS AUTHORIZING APPROPRIATIONS

SEC. 28. (a) Section 502(a) of the Act (42 U.S.C. 5082(a)) is amended— (1) by striking out "$28,691,000 for fiscal year 1982 and"; and (2) by inserting "$29,700,000 for fiscal year 1984, $30,400,000 for fiscal year 1985, and $31,100,000 for fiscal year 1986" after "1983 " (b) Section 502(b) of the Act (42 U.S.C. 5082(b)) is amended— (1) by striking out "$49,670,000 for fiscal year 1982 and"; and (2) by inserting "$54,300,000 for fiscal year 1984, $56,700,000 for fiscal year 1985, and $58,700,000 for fiscal year 1986" after "1983 " (c) Section 502(c) of the Act (42 U.S.C. 5082(c)) is amended— (1) by striking out "$16,610,000 for fiscal year 1982 and"; and (2) by inserting "$27,800,000 for fiscal year 1984, $28,200,000 for fiscal year 1985, and $28,600,000 for fiscal year 1986" after "1983,". ADMINISTRATION AND COORDINATION

SEC. 29. Section 504 of the Act is amended to read as follows: 42 USC 5084. "ADMINISTRATION AND COORDINATION

"SEC. 504. There is authorized to be appropriated for the administration of this Act, as authorized in title IV of this Act, $25,800,000 42 USC 5041. for fiscal year 1984, $27,000,000 for fiscal year 1985, and $28,000,000 for fiscal year 1986.". TECHNICAL AMENDMENTS

SEC. 30. (a) Section 417(c)(1) of the Act is amended by striking out 42 USC 5057. "and the Peace Corps Act (22 U.S.C. 2501 et seq.)". (b)(1) Section 112 of the Act is amended by striking out "103(d)" 42 USC 4972. and inserting in lieu thereof "103(f)". (2) Section 122(c)(2)(B) of the Act is amended by striking out 42 USC 4992. "103(d)" and inserting in lieu thereof "103(f)". AMENDMENTS TO OTHER LAWS

SEC. 31. (a) Section 673(2) of the Community Services Block Grant Act (42 U.S.C. 9902(2)) is amended— (1) by striking out "established by the Director of the Office of Management and Budget" and inserting in lieu thereof "defined by the Office of Management and Budget based on Bureau of the Census data"; and ..:. f

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Page:Collodi - The Story of a Puppet, translation Murray, 1892.djvu/93

 a good remedy taken in time may save them from a serious illness, and perhaps even from death. . . .'

'Oh! but another time I shall not require so much persuasion. I shall remember those black rabbits with the bier on their shoulders. . . and then I shall immediately take the tumbler in my hand, and down it will go! . . .'

'Now come here to me, and tell me how it came about that you fell into the hands of those assassins.'

'It came about that the showman Fire-eater gave me some gold pieces and said to me: "Go, and take them to your father!" and instead I met on the road a Fox and a Cat, two very respectable persons, who said to me: "Would you like those pieces of gold to become a thousand or two? Come with us and we will take you to the Field of miracles," and I said: "Let us go." And they said: "Let us stop at the inn of the Red Craw-fish" and after midnight they left. And when I awoke I found that they were no longer there, because they had gone away. Then I began to travel by night, for you cannot imagine how dark it was; and on that account I met on the road two assassins in charcoal sacks who said to me: "Out with your money," and I said to them: "I have got none," because I had hidden the


text:
Page:United States Statutes at Large Volume 98 Part 1.djvu/246

 98 STAT. 198

PUBLIC LAW 98-288—MAY 21, 1984 (2) by inserting "For All Urban Consumers" after "Consumer Price Index", (b) Section 683(c)(1) of the Community Services Block Grant Act (42 U.S.C. 9912(c)(1)) is amended by striking out "section 624" and inserting in lieu thereof "section 624 or 625". Approved May 21, 1984.

LEGISLATIVE HISTORY—S. 1129 (H.R. 2655): HOUSE REPORTS: No. 98-161 accompanying H.R. 2655 (Comm. on Education and Labor) and No. 98-679 (Comm. of Conference). SENATE REPORT No. 98-182 (Cbmm. on Labor and Human Resources). CONGRESSIONAL RECORD: Vol. 129 (1983): Sept. 14, considered and passed Senate. Oct. 17, 28, H.R. 2655 considered and passed House; S. 1129, amended, passed in lieu. Vol. 130 (1984): Apr. 11, Senate agreed to conference report. May 8, House agreed to conference report.

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Page:United States Statutes at Large Volume 98 Part 1.djvu/247

 PUBLIC LAW 98-289—MAY 21, 1984

98 STAT. 199

Public Law 98-289 98th Congress An Act To establish the Irish Wilderness in Mark Twain National Forest, Missouri.

May 21, 1984 [S. 64]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may Irish Wilderness Act of 1984. be cited as the "Irish Wilderness Act of 1984", SEC, 2. (a) In furtherance of the purposes of the Wilderness Act (16 16 USC 1132 U.S.C. 1131-1136), certain lands in the Mark Twain National Forest, note. Missouri, which comprise approximately sixteen thousand five hundred acres, as generally depicted on a map entitled "Irish Wilderness", dated March 27, 1984, are hereby designated as wilderness and shall be known as the Irish Wilderness. (b) Subject to valid existing rights, the wilderness area designated under subsection (a) shall be administered by the Secretary of Agriculture (hereinafter in this Act referred to as the "Secretary") in accordance with the provisions of the Wilderness Act of 1964 (16 U.S.C. 1131-1136) governing areas designated by that Act as wilderness except that any reference in such provisions to the effective date of the Wilderness Act shall be deemed to be a reference to the effective date of this Act. (c) As soon as practicable after the date of the enactment of this Act, the Secretary shall submit a map and legal description of the wilderness area designated by subsection (a) to the Committee on Energy and Natural Resources of the Senate and the Committees on Agriculture and Interior and Insular Affairs of the House of Representatives. Such map and legal description shall have the same force and effect as if included in this Act, except that any clerical or t3rpographical error in such map or legal description may be corrected. The Secretary shall place such map and legal description on Public file, and make them available for public inspection, in the office of availability. the Chief of the Forest Service, Department of Agriculture.

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Page:United States Statutes at Large Volume 98 Part 1.djvu/248

 98 STAT. 200

PUBLIC LAW 98-289—MAY 21, 1984 SEC. 3. The provision of Public Law 98-146 (97 Stat. 919, at 921), reading ": Provided further, That subject to valid existing rights, no appropriation herein made shall be used by the Secretary of the Interior for the processing or issuance of prospecting permits in certain lands in the Mark Twain National Forest, Missouri, which comprise approximately 17,562 acres, EIS generally depicted on a map entitled 'Irish Wilderness—Proposed', dated December 1981" is hereby repealed. Approved May 21, 1984.

LEGISLATIVE HISTORY—S. 64: HOUSE REPORTS: No. 98-337, Pt. 1 (Comm. on Interior and Insular Affairs) and No. 98-663 (Comm. of Conference). SENATE REPORT No. 98-45 (Comm. on Energy and Natural Resources). CONGRESSIONAL RECORD, Vol. 129 (1983): Vol. 129 (1983): Apr. 13, considered and passed Senate. Aug. 1, 2, considered and passed House, amended. Vol. 130 (1984): May 2, House agreed to conference report. May 3, Senate agreed to conference report.

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Page:United States Statutes at Large Volume 98 Part 1.djvu/249

 PUBLIC LAW 98-290—MAY 21, 1984

98 STAT. 201

Public Law 98-290 98th Congress An Act To confirm the boundaries of the Southern Ute Indian Reservation in the State of Colorado and to define jurisdiction within such reservation.

May 21, 1984 [H.R. 4176]

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

1. The purposes of this Act are— (1) to resolve uncertainty over the boundaries of the Southern Ute Indian Reservation and the status of unrestricted land on such reservation, and (2) to avoid long and costly litigation over issues dependent on reservation or Indian country status.

SECTION

25 USC 668 note.

INDIAN TRUST LAND DEFINED

SEC. 2. For purposes of this Act, the term "Indian trust land" means any land within the boundaries of the Southern Ute Indian Reservation which— (1) is held by the United States in trust for the benefit of the Southern Ute Indian Tribe or individual Indians, or (2) is owned by the United States and reserved for use or actually used in the administration of Indian affairs. Any right-of-way bounded on both sides by Indian trust land shall be Indian trust land. Any other right-of-way shall not be Indian trust land.

25 USC 668 note.

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BOUNDARIES OF THE SOUTHERN UTE INDIAN RESERVATION DEFINED

SEC. 3. The Southern Ute Indian Reservation in the State of Colorado is declared to have the following boundaries: (1) Bounded on the north by the southern boundary of the lands— (A) ceded to the United States by certain bands of Ute ' Indians under the Articles of Convention entered into on September 13, 1873, and ratified by the Act approved April 29, 1874 (18 Stat. 36), and (B) described in article I of such Articles of Convention. (2) Bounded on the south by the boundary line between the States of Colorado and New Mexico as described in article II of the treaty between the United States and the Ute Indians concluded March 2, 1868, and proclaimed November 6, 1868 (15 Stat. 619). (3) Bounded on the west by the eastern boundary of the Ute Mountain Ute Indian Reservation. (4) Bounded on the east by the southernmost 15 miles of the eastern boundary of the lands reserved to the Ute Indians by article II of the treaty between the United States and the Ute

25 USC 668 note.

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Page:United States Statutes at Large Volume 98 Part 1.djvu/250

 98 STAT. 202

PUBLIC LAW 98-290—MAY 21, 1984 Indians concluded March 2, 1868, and proclaimed November 6, 1868 (15 Stat. 619), except that the lands east of such boundary in township 32 north, range 1 west, New Mexico principal meridian, that are held by the United States in trust for the benefit of the Southern Ute Indian Tribe are part of the Southern Ute Indian Reservation. JURISDICTION OVER RESERVATION

25 USC 668 note.

Alcohol and alcoholic beverages.

SEC. 4. (a) Such territorial jurisdiction as the Southern Ute Indian Tribe has over persons other than Indians and the property of such persons shall be limited to Indian trust lands within the reservation. (b) Any person who is not an Indian and the property of any such person shall be subject to the jurisdiction of the United States under section 1152 of title 18, United States Code, only on Indian trust land. (c) Any law of the United States related to the sale, possession, introduction, or manufacture of alcoholic beverages or to trading with Indians within Indian country, or within the Indian reservation, shall apply, with respect to the Southern Ute Indian Reservation, only on Indian trust land. JURISDICTION OVER INCORPORATED MUNICIPALITIES WITHIN THE RESERVATION

25 USC 668 note.

SEC. 5. The State of Colorado shall exercise criminal and civil jurisdiction within the boundaries of the town of Ignacio, Colorado, and any other municipality which may be incorporated under the laws of Colorado within the Southern Ute Indian Reservation, as if such State had assumed jurisdiction pursuant to the Act of August 15, 1953 (67 Stat. 588), as amended by the Act of April 11, 1968 (82 Stat. 79). Approved May 21, 1984.

LEGISLATIVE HISTORY—H.R. 4176 (S. 1979): HOUSE REPORT No. 98-716 (Comm. on Interior and Insular Affairs). SENATE REPORT No. 98-404 accompanying S. 1979 (Comm. on Indian Affairs). CONGRESSIONAL RECORD, Vol. 130 (1984): Apr. 30, considered and passed House. May 3, considered and passed Senate.

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Page:United States Statutes at Large Volume 98 Part 1.djvu/251

 PUBLIC LAW 98-291—MAY 21, 1984

98 STAT. 203

Public Law 98-291 98th Congress An Act To relieve the General Accounting Office of duplicative audit requirements with respect to the Disabled American Veterans.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 9 of the Act entitled "An Act to incorporate the Disabled American Veterans of the World War", approved June 17, 1932 (36 U.S.C. 90i), is amended— (1) by striking out "(a)"; and (2) by striking out subsection (b).

May 21, 1984 rg jjggi

vi

Approved May 21, 1984.

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LEGISLATIVE HISTORY—S. 1188 (H.R. 3115): HOUSE REPORT No. 98-683 accompanying H.R. 3115 (Comm. on the Judiciary). CONGRESSIONAL RECORD: Vol. 129 (1983): Nov. 18, considered and passed Senate. Vol. 130 (1984): May 7, H.R. 3115 considered and passed House; S. 1188 passed in lieu.

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Page:United States Statutes at Large Volume 98 Part 1.djvu/252

 98 STAT. 204

PUBLIC LAW 98-292—MAY 21, 1984 Public Law 98-292 98th Congress

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An Act May 21, 1984 [H.R. 3635] Child Protection Act of 1984. 18 USC 2251 note. 18 USC 2251 note. Child pornography.

Penalties.

Penalties.

To amend chapter 110 (relating to sexual exploitation of children) of title 18 of the United States Code, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Child Protection Act of 1984". SEC. 2. The Congress finds that— (1) child pornography has developed into a highly organized, multi-million-dollar industry which operates on a nationwide scale; (2) thousands of children including large numbers of runaway and homeless youth are exploited in the production and distribution of pornographic materials; and (3) the use of children as subjects of pornographic materials is harmful to the physiological, emotional, and mental health of the individual child and to society. S E C 3. Section 2251 of title 18 of the United States Code is amended— (1) by striking out "visual or print medium" each place it appears and inserting "visual depiction" in lieu thereof; (2) by striking out "depicting" each place it appears and inserting " o f in lieu thereof; (3) by striking out "person" each place it appears in subsection (c) and inserting "individual" in lieu thereof; (4) by striking out "$10,000" and inserting "$100,000" in lieu thereof; (5) by striking out "$15,000" and inserting "$200,000" in lieu thereof; and (6) by adding at the end of subsection (c) the following: "Any organization which violates this section shall be fined not more than $250,000.". S E C 4. Section 2252 of title 18 of the United States Code is amended— (1) by striking out ", for the purpose of sale or distribution for sale"; (2) by striking out "for the purpose of sale or distribution for sale" the second place it appears; (3) by striking out "obscene" each place it appears; (4) by striking out "visual or print medium" each place it appears and inserting "visual depiction" in lieu thereof; (5) by striking out "depicts" each place it appears and inserting "is o f in lieu thereof; (6) by striking out "or knowingly sells or distributes for sale" and inserting in lieu thereof "or distributes"; (7) by inserting after "mailed" the following: "or knowingly reproduces any visual depiction for distribution in interstate or foreign commerce or through the mails";

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Page:United States Statutes at Large Volume 98 Part 1.djvu/253

 PUBLIC LAW 98-292—MAY 21, 1984 (8) by striking out "person" each place it appears in subsection (b) and inserting "individual" in lieu thereof; (9) by striking out "$10,000" and inserting "$100,000" in lieu thereof; (10) by striking out "$15,000" and inserting "$200,000" in lieu thereof; and (11) by adding at the end of subsection (b) the following: "Any organization which violates this section shall be fined not more than $250,000.". SEC. 5. (a) Section 2253 of title 18 of the United States Code is amended— (1) in paragraph (1), by striking out "sixteen" and inserting "eighteen" in lieu thereof; (2) by striking out "sado-masochistic" and inserting "sadistic or masochistic" in lieu thereof; (3) by striking out "(for the purpose of sexual stimulation)"; and (4) by striking out "lewd" and inserting "lascivious" in lieu thereof; (5) by striking out ", for pecuniary profit"; and (6) by amending paragraph (4) to read as follows: "(4) 'organization' means a person other than an individual.". (b) Section 2253 of title 18 of the United States Code, as amended by subsection (a) is redesignated as section 2255. SEC. 6. Chapter 110 of title 18 of the United States Code is amended by inserting after section 2252 the following: "§ 2253. Criminal forfeiture "(a) A person who is convicted of an offense under section 2251 or 2252 of this title shall forfeit to the United States such person's interest in— "(1) any property constituting or derived from gross profits or other proceeds obtained from such offense; and "(2) any property used, or intended to be used, to commit such offense. "(b) In any action under this section, the court may enter such restraining orders or take other appropriate action (including acceptance of performance bonds) in connection with any interest that is subject to forfeiture. "(c) The court shall order forfeiture of property referred to in subsection (a) if the trier of fact determines, beyond a reasonable doubt, that such property is subject to forfeiture. "(d)(1) Except as provided in paragraph (3) of this subsection, the customs laws relating to disposition of seized or forfeited property shall apply to property under this section, if such laws are not inconsistent with this section. "(2) In any disposition of property under this section, a convicted person shall not be permitted to acquire property forfeited by such person. "(3) The duties of the Secretary of the Treasury with respect to dispositions of property shall be performed under paragraph (1) of this subsection by the Attorney General, unless such duties arise from forfeitures effected under the customs laws. "§ 2254. Civil forfeiture "(a) The following property shall be subject to forfeiture by the United States:

98 STAT. 205

18 USC 2255.

18 USC 2253. Property forfeiture. Ante, p. 204.

18 USC 2254. Property forfeiture.

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Page:United States Statutes at Large Volume 98 Part 1.djvu/254

 98 STAT. 206

Customs law.

PUBLIC LAW 98-292—MAY 21, 1984 "(1) Any material or equipment used, or intended for use, in producing, reproducing, transporting, shipping, or receiving any visual depiction in violation of this chapter. "(2) Any visual depiction produced, transported, shipped, or received in violation of this chapter, or any material containing such depiction. "(3) Any property constituting or derived from gross profits or other proceeds obtained from a violation of this chapter, except that no property shall be forfeited under this paragraph, to the extent of the interest of an owner, by reason of any act or omission established by that owner to have been committed or omitted without the knowledge or consent of that owner. "(b) All provisions of the customs law relating to the seizure, summary and judicial forfeiture, and condemnation of property for violation of the customs laws, the disposition of such property or the proceeds from the sale thereof, the remission or mitigation of such forfeitures, and the compromise of claims, shall apply to seizures and forfeitures incurred, or alleged to have been incurred, under this section, insofar as applicable and not inconsistent with the provisions of this section, except that such duties as are imposed upon the customs officer or any other person with respect to the seizure and forfeiture of property under the customs laws shall be performed with respect to seizures and forfeitures of property under this section by such officers, agents, or other persons as may be authorized or designated for that purpose by the Attorney General, except to the extent that such duties arise from seizures and forfeitures effected by any customs officer.". SEC. 7. The table of sections at the beginning of chapter 110 of title 18 of the United States Code is amended— (1) by inserting after the item relating to section 2252 the following new items: "2253. Criminal forfeiture. "2254. Civil forfeiture.";

Report. 28 USC 522 note.

18 USC 2251 et seq.

and (2) by redesignating the item relating to section 2253 as 2255. SEC. 8. Section 2516(l)(c) of title 18 of the United States Code is amended by inserting "sections 2251 and 2252 (sexual exploitation of children)," after "section 664 (embezzlement from pension and welfare funds),". SEC. 9. Beginning one hundred and twenty days after the date of enactment of this Act, and every year thereafter, the Attorney General shall report to the Congress on prosecutions, convictions, and forfeitures under chapter 110 of title 18 of the United States Code. Approved May 21, 1984. LEGISLATIVE HISTORY—H.R. 3635 (S. 1469): HOUSE REPORT No. 98-536 (Coram, on the Judiciary). CONGRESSIONAL RECORD: Vol. 129 (1983): Nov. 14, considered and passed House. Vol. 130 (1984): Mar. 30, considered and passed Senate, amended. May 8, House concurred in Senate amendment. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 20, No. 21 (1984): May 21, Presidential statement.

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