text:
Page:United States Statutes at Large Volume 101 Part 1.djvu/842

 101 STAT. 812

PUBLIC LAW 100-135—OCT. 16, 1987 grounds of the Library of Congress", approved August 4, 1950 (2 U.S.C. 167), as in effect immediately before the first pay period to which the amendments made by section 1 apply.

2 USC 167 note.

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SEC. 3. EFFECTIVE DATE.

The amendments made by section 1 shall apply with respect to pay periods beginning after September 30, 1987, except that any pay increase for employees of the Library of Congress, pursuant to the amendments made by such section, shall be subject to appropriation and shall be implemented in four approximately equal annual increments, so that pay parity with the Capitol Police occurs beginning with the first pay period beginning after September 30, 1990. Approved October 16, 1987.

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LEGISLATIVE HISTORY—H.R. 2249: HOUSE REPORTS: No. 100-214 (Comm. on House Administration). SENATE REPORTS: No. 100-171 (Comm. on Rules and Administration). CONGRESSIONAL RECORD, Vol. 133 (1987): July 21, considered and passed House. Sept. 30, considered and passed Senate.

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Page:United States Statutes at Large Volume 101 Part 1.djvu/843

 PUBLIC LAW 100-136—OCT. 16, 1987 Public Law 100-136 100th Congress

101 STAT. 813 ,,; -

An Act To provide interim extensions of collection of the Veterans' Administration housing loan fee and of the formula for determining whether, upon foreclosure, the Veterans' Administration shall acquire the property securing a guaranteed loan, and for other purposes.

Oct. 16, 1987 [S. 1691]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. EXTENSIONS.

(a) FORMULA.—Notwithstanding section 2512(c) of the Deficit Reduction Act of 1984 (Public Law 98-369), the provisions of section 1816(c) of title 38, United States Code, shall continue in effect through November 15, 1987. (b) FEES.—Notwithstanding subsection (c) of section 1829 of such title, fees may be collected under such section with respect to loans closed through November 15, 1987. SEC. 2. SALE OF VENDEE LOANS.

Section 1816(d)(3) of title 38, United States Code, is amended to read as follows: "(3) The Administrator may sell any note securing such a loan— "(A) with recourse; or "(B) without recourse but only if the amount received is equal to an amount which is not less than the unpaid balance of such loan.". Approved October 16, 1987.

LEGISLATIVE HISTORY—S. 1691: CONGRESSIONAL RECORD, Vol. 133 (1987): Sept. 17, considered and passed Senate. Oct. 1, considered and passed House, amended. Senate concurred in House amendments. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 23 (1987): Oct. 16, Presidential statement.

Effective date. S8 USC 1816 note, 38 USC 1829 note,

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


text:
Page:United States Statutes at Large Volume 101 Part 1.djvu/844

 101 STAT. 814

PUBLIC LAW 100-137—OCT. 21, 1987

Public Law 100-137 100th Congress

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An Act Oct. 21, 1987 [S. 1574]

Effective date. 2 USC 58c.

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Effective date.

To combine the Senators' Clerk Hire Allowance Account and the Senators' Official Office Expense Account into a combined single account to be known as the "Senators' Official Personnel and Office Expense Account", and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a)(1) effective January 1, 1988, there shall be, within the contingent fund of the Senate, a separate appropriation account to be known as the "Senators' Official Personnel and Office Expense Account" (hereinafter in this section referred to as the "Senators' Account"). (2) The Senators' Account shall be used for the funding of all items, activities, and expenses which, immediately prior to January 1, 1988, were funded under either (A) the Senate appropriation account for "Administrative, Clerical, and Legislative Assistance Allowance to Senators" (hereinafter in this section referred to as the "Senators' Clerk Hire Allowance Account") under the headings "SENATE" and "SALARIES, OFFICERS AND EMPLOYEES", or (B) that part of the account, within the contingent fund of the Senate, for "Miscellaneous Items" (hereinafter in this section referred to as the "Senators' Official Office Expense Account") which is available for allocation to Senatorial Official Office Expense Accounts. In addition, the Senators' Account shall be used for the funding of agency contributions payable with respect to compensation payable by such account, but moneys appropriated to such account for this purpose shall not be available for any other purpose. The account, which in clause (A) of the first sentence of this paragraph is identified as the "Senators' Clerk Hire Allowance Account" and the account, which in clause (B) of such sentence is identified as the "Senators' Official Office Expense Account" shall, when referred to in other law, rule, regulation, or order (whether referred to by such name or any other) shall on and after January 1, 1988, be deemed to refer to the "Senators' Official Personnel and Office Expense Account". (3)(A) Effective on January 1, 1988, there shall be transferred to the Senators' Account from the Senators' Clerk Hire Allowance Account all funds therein which were available for expenditure or obligation during the fiscal year ending September 30, 1988, and from the Senators' Official Office Expense Account so much of the funds therein as was available for expenditure or obligation for the period commencing January 1, 1988, and ending September 30, 1988; except that the Senators' Official Office Expense Account shall remain in being solely for the purpose of being available to pay for any authorized item, activity, or expense, for which funds therein had been obligated, but not paid, prior to such transfer. (B) Any of the funds transferred to the Senators' Account from the Senators' Clerk Hire Allowance Account pursuant to subparagraph (A) which, prior to such transfer, had been obligated, but not expended, for any authorized item, activity, or expense, shall be

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Page:United States Statutes at Large Volume 101 Part 1.djvu/845

 PUBLIC LAW 100-137—OCT. 21, 1987

101 STAT. 815

available to pay for such item, activity, or expense in like manner as if such transfer had not been made. (4) On January 1, 1988, there shall be transferred to the Senators' Account, from the appropriation account for "Agency Contributions", under the headings "SENATE" and "SALARIES, OFFICERS AND EMPLOYEES", SO much of the moneys in such account as was appropriated for the purpose of making agency contributions for administrative, clerical, and legislative assistance to Senators with respect to compensation payable for the period commencing January 1, 1988, and ending September 30, 1988; and the moneys so transferred shall be available only for the payment of such agency contributions with respect to such compensation. (5) Vouchers shall not be required for the disbursement, from the Senators' Account, of salaries of employees in the office of a Senator. 03)(1) Effective January 1, 1988, section 506(a) of the Supplemental Effective date Appropriations Act, 1973 (2 U.S.C. 58(a)) is amended to read as follows: "SEC. 506. (a) The contingent fund of the Senate is made available for payment to or on behalf of each Senator, upon certification of the Senator, for the following expenses incurred by the Senator and his staff: "(1) telecommunications equipment and services subject to Communications such regulations as may be promulgated by the Committee on and telecommunications. Rules and Administration of the Senate; "(2) stationery and other office supplies procured for use for official business; "(3) reimbursement to each Senator for costs incurred in the Mail. preparation of required official reports, and the acquisition of mailing lists to be used for official purposes, and in the mailing, delivery, or transmitting of matters relating to official business; "(4) reimbursement to each Senator for official office expenses t incurred (other than for equipment and furniture and expenses i described in paragraphs (1) through (3)) for an office in his home State; "(5) reimbursements to each Senator for expenses incurred for publications printed or recorded in any way for auditory and visual use (including subscriptions to books, newspapers, magazines, clipping, and other information services); "(6) subject to the provisions of subsection (e) of this section, Transportation. reimbursement of travel expenses incurred by the Senator and i employees in his office; "(7) reimbursement to each Senator for expenses incurred for i additional office equipment and services related thereto (but not including personal services), in accordance with regulations promulgated by the Committee on Rules and Administration of the Senate; "(8) reimbursement to each Senator for charges officially incurred for recording and photographic services and products; and "(9) reimbursement to each Senator for such other official expenses as the Senator determines to be necessary, but only (A) in the case of expenses for the period commencing January 1, 1988, and ending with the close of September 30, 1988, to the extent that such expenses do not exceed ten percent of the total amount of expenses authorized to be paid to or on behalf of such Senator under this section (excluding any amount so authorized by subsection (b)(2)(A)(iv) of this section), and (B) in the case of

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Page:United States Statutes at Large Volume 101 Part 1.djvu/846

 101 STAT. 816

PUBLIC LAW 100-137—OCT. 21, 1987

& expenditures for periods commencing on or after October 1, j 1988, to the extent such expenses do not exceed ten percent of the total amount of expenses authorized to be paid to or on behalf of such Senator under this section (excluding any amount so authorized by subsection (b)(3)(A)(iv) of this section for the fiscal year involved). Reimbursement to a Senator and his employees under this section shall be made only upon presentation of itemized vouchers for expenses incurred and, in the case of expenses reimbursed under paragraphs (6) and (9), only upon presentation of detailed itemized vouchers for such expenses. Vouchers presented for payment under this section shall be accompanied by such documentation as is required under regulations promulgated by the Committee on Rules and Administration of the Senate. No reimbursement shall be made Effective date. (2) Effective January 1, 1988, section 506(b) of the Supplemental Appropriations Act, 1973 (2 U.S.C. 58(b)) is amended— (A) in paragraph (1), by striking out "Except as otherwise provided in paragraph (2) of this subsection," and inserting in lieu thereof the following: "(A) Except as is otherwise provided c^ in the succeeding paragraphs of this subsection and subject to subparagraph (B) of this paragraph,", •' (B) by redesignating paragraph (2) as subparagraph (B) of tfi paragraph (1), and (C) by adding at the end thereof the following new 'Lf>M paragraphs: "(2)(A) In the case of the period which commences January 1, 1988, and ends September 30, 1988, the total of— "(i) the expenses paid to or on behalf of a Senator under this section for such period, plus "(ii) the aggregate amount of gross compensation which is paid to employees in the office of such Senator for such period (as determined for purposes of section 105(d) of the Legislative Branch Appropriation Act, 1968), shall not exceed the aggregate of— "(iii) subject to subparagraph (B), an amount equal to 75 percent of the amount of the authorized expenses under this .i.i'}j rsqcjuiti section for the calendar year ending December 31, 1987, as determined in the case of a Senator, who represents the State which such Senator represents, whose term of office included all of such calendar year, plus "(iv) the amount by which (I) the aggregate of the gross compensation which may be paid to employees in the office of such Senator for the fiscal year ending September 30, 1988,, pursuant to the limitations imposed by section 105(d) of the Legislative Branch Appropriation Act, 1968 (as determined without regard to paragraph (1)(B) thereof), exceeds (II) the aggregate amount of gross compensation which is paid to employees in the office of such Senator for that part of such fiscal year which precedes January 1, 1988. "(B) In the event that the term of office of a Senator begins after the first month of the period which commences January 1, 1988, and ends September 30, 1988, or ends (except by reason of death, resignation, or expulsion) before the last month of such period, the amount computed pursuant to subparagraph (A)(iii) of this paragraph (but before application of this subparagraph) shall be recalculated as
 * i.;i ' yi(i" under paragraph (4) or (9) for any expense incurred for entertainment or meals,.

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Page:United States Statutes at Large Volume 101 Part 1.djvu/847

 PUBLIC LAW 100-137—OCT. 21, 1987

101 STAT. 817

follows: such amount, as computed under subparagraph (A)(iii) of this paragraph, shall be divided by 9, and multiplied by the number of months in such period which are included in the Senator's term of office, counting any fraction of a month as a full month. "(3)(A) In the case of the fiscal year beginning October 1, 1988, or any fiscal year thereafter, the total of^ "(i) the expenses paid to or on behalf of a Senator under this section for such fiscal year, plus "(ii) the aggregate amount of gross compensation which is paid to employees in the office of such Senator for such fiscal year (as determined for purposes of section 105(d) of the Legislative Branch Appropriation Act, 1968), shall not exceed the aggregate of^ "(iii) subject to subparagraph (B), in case the Senator rep- State listing resents Alabama, $53,000, Alaska, $137,000, Arizona, $63,000, Arkansas, $54,000, California, $95,000, Colorado, $59,000, Connecticut, $44,000, Delaware, $36,000, Florida, $56,000, Georgia, $53,000, Hawaii, $156,000, Idaho, $62,000, Illinois, $71,000, ^ '• Indiana, $53,000, Iowa, $55,000, Kansas, $55,000, Kentucky, • $52,000, Louisiana, $56,000, Maine, $48,000, Maryland, $40,000, Massachusetts, $51,000, Michigan, $59,000, Minnesota, $56,000, Mississippi, $54,000, Missouri, $57,000, Montana, $62,000, Ne' braska, $56,000, Nevada, $64,000, New Hampshire, $45,000, New Jersey, $48,000, New Mexico, $60,000, New York, $76,000, North Carolina, $50,000, North Dakota, $55,000, Ohio, $64,000, Okla' homa, $58,000, Oregon, $66,000, Pennsylvania, $63,000, Rhode . Island, $43,000, South Carolina, $48,000, South Dakota, $56,000, •' Tennessee, $53,000, Texas, $79,000, Utah, $62,000, Vermont, $44,000, Virginia, $45,000, Washington, $68,000, West Virginia $44,000, Wisconsin, $55,000, Wyoming, $58,000, plus .^ "(iv) the aggregate of the gross compensation which may be paid to employees in the office of such Senator for such fiscal ' year, under the limitations imposed by section 105(d) of the Legislative Branch Appropriation Act, 1968, but without regard to the provisions of paragraph (l)(C)(iv) thereof. ' "(B) In the event that the term of office of a Senator begins after the first month of any such fiscal year or ends (except by reason of death, resignation, or expulsion) before the last month of any such fiscal year, the amount referred to in subparagraph (A)(iii) shall be recalculated as follows: such amount, as computed under subparagraph (iii), shall be divided by 12, and multiplied by the number of months in such year which are included in the Senator's term of office, counting any fraction of a month as a full month.". (3) Effective January 1, 1988, section 506(h) of the Supplemental Effective date. Appropriations Act, 1973 (2 U.S.C. 58(h)) is amended— (A) by striking out paragraph (2) thereof and by striking out, "(1)" where it appears immediately after "(h)"; and (B) by striking out "(a)(5)" and inserting "(a)(4)". (4) Effective January 1, 1988, subsection (e) of section 506 of such Effective date. Act (2 U.S.C. 58e) is amended to read as follows: 2 USC 58. "(e) Subject to and in accordance with regulations promulgated by Transportation. the Committee on Rules and Administration of the Senate, a Senator and the employees in his office shall be reimbursed under this section for travel expenses incurred by the Senator or employee while traveling on official business within the United States. The term 'travel expenses' includes actual transportation expenses, essential travel-related expenses, and, where applicable, per diem

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Page:United States Statutes at Large Volume 101 Part 1.djvu/848

 101 STAT. 818

Effective date.

Effective date.

PUBLIC LAW 100-137—OCT. 21, 1987

expenses (but not in excess of actual expenses). A Senator or an employee of the Senator shall not be reimbursed for any travel expenses (other than actual transportation expenses) for any travel occurring during the sixty days immediately before the date of any primary or general election (whether regular, special, or runoff) in which the Senator is a candidate for public office (within the meaning of section 301(b) of the Federal Election Campaign Act of 1971), unless his candidacy in such election is uncontested. For purposes of this subsection and subsection (a)(6) of this section, an employee in the Office of the President pro tempore, Deputy President pro tempore, Majority Leader, Minority Leader, Majority Whip, Minority Whip, Secretary of the Conference of the Majority, or Secretary of the Conference of the Minority shall be considered to be an employee in the office of the Senator holding such office.". (5) Effective January 1, 1988, the first sentence of subsection (j) of section 506 (2 U.S.C. 58(j)) of such Act is amended by striking out "(a)(8)" and inserting in lieu thereof "(a)(6)". (c)(1) Effective January 1, 1988, section 105(d)(1) of the Legislative Branch Appropriation Act, 1968 (2 U.S.C. 61-l(d)(l)) is amended— (A) by striking out "The" at the beginning of paragraph (1) and inserting in lieu thereof "(A) Except as is otherwise provided in subparagraphs (B) and (C), the", and (B) by adding at the end of paragraph (1) the following new subparagraphs: "(B) In the case of gross compensation paid to employees in the office of a Senator for the period commencing January 1, 1988, and ending September 30, 1988, the total of— "(i) the aggregate amount of gross compensation which is paid to employees in the office of such Senator for such period, plus "(ii) the expenses paid to or on behalf of such Senator under authority of section 506 of the Supplemental Appropriations Act, 1973 (as determined after application of subsection (b) of such section, but without regard to paragraph (2)(A)(iv) thereof), shall not exceed the aggregate of^ "(iii) subject to the next sentence, the amount by which (I) the aggregate of the gross compensation which may be paid to employees in the office of such Senator for the fiscal year ending September 30, 1988, as determined under this subsection Obut without regard to this subparagraph), exceeds (II) the aggregate amount of gross compensation which is paid to employees in the office of such Senator for that part of such fiscal year which precedes January 1, 1988, plus "(iv) the amount described in section 5060t))(2)(A)(iii) of the Supplemental Appropriations Act, 1973. In the event that the term of office of a Senator begins after the first month of the period which commences January 1, 1988, and ends September 30, 1988, or ends (except by reason of death, resignation, or expulsion) before the.last month of such period, the amount computed pursuant to clause (iii) of this subparagraph O^ut before application of this sentence) shall be recalculated as follows: such amount, as so computed, shall be divided by 9, and multiplied by the number of months in such period which are included in the Senator's term of office, counting any fraction of a month as a full month. "(C) In the case of gross compensation paid to employees in the office of a Senator for the fiscal year beginning October 1, 1988, or any fiscal year thereafter, the total of^

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Page:The Yellow Book - 06.djvu/113

 tones. In the middle of the ward was an open stove, and the restless flames were reflected in all the brass knobs of the bedsteads and in some shining metal balls which hung from an unlighted chandelier. His part of the ward was almost in darkness. A confused, subdued murmur of little coughs, breathings, rustlings, was continually audible, and sometimes it rose above the conversation at the table. He noticed all these things. He became conscious, too, of a strangely familiar smell. What was it? Ah, yes! Acetic acid—his mother used it for her rheumatics.

Suddenly, magically, a great longing came over him. He must see his mother, or his brothers, or his little sister—some one who knew him, same one who belonged to him. He could have cried out in his desire. This one thought consumed all his faculties. If his mother could but walk in just now through that doorway! If only old Spot, even, could amble up to him, tongue out and tail furiously wagging! He tried to sit up, and he could not move! Then despair settled on him, and weighed him down. He closed his eyes.

The doctor and the nurse came slowly up the ward, pausing here and there. They stopped before his bed, and he held his breath.

"Not roused up again, I suppose?"

"No."

"Hm! He may flicker on for forty-eight hours. Not more."

They went on, and with a sigh of relief he opened his. eyes again. The doctor shook hands with the nurse, who returned to the table and sat down.

Death! The end of all this! Yes, it was coming. He felt it. His had been one of those wasted lives of which he used to read in books. How strange! Almost amusing! He was one of those sons who bring sorrow and shame into a family. Again, how

title: Page:The Yellow Book - 06.djvu/113


text:
Page:United States Statutes at Large Volume 101 Part 1.djvu/849

 PUBLIC LAW 100-137—OCT. 21, 1987

101 STAT. 819

"(i) the aggregate amount of gross compensation which is paid to employees in the office of such Senator for such year, plus "(ii) the expenses paid to or on behalf of such Senator under authority of section 506 of the Supplemental Appropriations Act, 1973 (as determined after application of subsection (b) of such section, but without regard to paragraph (3)(A)(ii) and (iv) thereof), shall not exceed the aggregate of^ "(iii) the amount determined under subparagraph (A) for such year, plus "(iv) the amount described in section 506(b)(3) of the Supplemental Appropriations Act, 1973 (as determined without regard to subparagraph (A)(ii) and (iv) thereof).". SEC. 2, Section 110 of the Supplemental Appropriations and Effective date. Rescission Act, 1981 (Public Law 97-12; 2 U.S.C. 58b) is repealed effective January 1, 1988. SEC. 3. Subsection (h) of section 111 of the Legislative Appropria- Effective date. tions Act, 1978 (Public Law 95-94) is repealed, effective as of the first 2 USC 6l-i note. day of the 100th Congress. Approved October 21, 1987.

LEGISLATIVE HISTORY—S. 1574: SENATE REPORTS: No. 100-134 (Comm. on Rules and Administration). CONGRESSIONAL RECORD, Vol. 133 (1987): Aug. 6, considered and passed Senate. Oct. 8, considered and passed House.

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Page:United States Statutes at Large Volume 101 Part 1.djvu/850

 101 STAT. 820

PUBLIC LAW 100-138—OCT. 23, 1987

Public Law 100-188 100th Congress Oct 23 1987 — ' ' „„— [H.R. 3226]

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Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. AUTHORIZATION OF TRAVEL EXPENSE REIMBURSEMENT; AUTHORITY TO RECEIVE DONATIONS. .•iiHt

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(a) TRAVEL EXPENSES.—Subsection (d) of section 1936 of the AntiDrug Abuse Act of 1986 (20 U.S.C. 4601 note) is amended to read as follows: "(d)(1) While away from home or regular place of business in the performance of services for the conference, a participant in the conference may, in the sole discretion of the executive director and subject to the limitation contained in paragraph (2), be allowed travel expenses, including per diem allowance in lieu of subsistence, in the same amount, and to the same extent, as persons serving intermittently in the Government service are allowed travel expenses under section 5703 of title 5, United States Code. "(2) Travel expenses may be allowed a conference participant under paragraph (1) only if the executive director finds on the basis of a written statement submitted by the participant that the participant would otherwise be unable to participate in the conference. "(3) Total travel expenses allowed under this subsection shall not exceed $400,000.". (b) AUTHORITY TO ACCEPT GIFTS.—Section 1936 of the Anti-Drug

Abuse Act of 1986 (20 U.S.C. 4601 note) is amended by adding at the end the following: "(e)(1) The conference may accept, use, and dispose of gifts or donations for the sole purpose of carrying out its responsibilities under this subtitle. "(2) Gifts or donations accepted under paragraph (1) of this subsection are limited to— "(A) food, food services, transportation, or lodging and related services; or "(B) funds for the sole purpose of providing food, food services, transportation, or lodging and related services.".

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Page:United States Statutes at Large Volume 101 Part 1.djvu/851

 PUBLIC LAW 100-138—OCT. 23, 1987

101 STAT. 821

SEC. 2. FINAL REPORT.

Section 1937(a) of the Anti-Drug Abuse Act of 1986 (20 U.S.C. 4601 note) is amended by striking out "six months after the effective date of this Act" and inserting "July 31, 1988" in lieu thereof. SEC. 3. AUTHORIZATION.

Section 1938 of the Anti-Drug Abuse Act of 1986 (20 U.S.C. 4601 note) is amended by striking out "$2,000,000" and inserting "$3,500,000" in lieu thereof. Approved October 23, 1987.

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LEGISLATIVE HISTORY—H.R. 3226: HOUSE REPORTS: No. 100-340 (Comm. on the Judiciary). CONGRESSIONAL RECORD, Vol. 133 (1987): Oct. 5, considered and passed House. Oct. 8, considered and passed Senate.

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Page:United States Statutes at Large Volume 101 Part 1.djvu/852

 101 STAT. 822

PUBLIC LAW 100-139—OCT. 26, 1987

Public Law 100-139 100th Congress An Act Oct. 26, 1987 [H.R. 1567]

To provide for the use and distribution of funds awarded to the Cow Creek Band of Umpqua Tribe of Indians in United States Claims Court docket numbered 53-81L, and for other purposes.

Be it enacted by the Senate and House of Representatives of the Cow Creek Band United States of America in Congress assembled, That this Act may of Umpqua Tribe be cited as the "Cow Creek Band of Umpqua Tribe of Indians of Indians Distribution of Judgment Funds Act of 1987". Distribution of Judgment Funds Act of 1987. 25 USC 712 note.

SEC. 2. DEFINITIONS.

For the purposes of this Act— (1) The term "Secretary" means the Secretary of the Interior. (2) The term "tribe" means the Cow Creek Band of Umpqua Tribe of Indians, which was extended Federal recognition by the Cow Creek Band of Umpqua Tribe of Indians Recognition Act (25 U.S.C. 712, et seq.). (3) The term "tribal member" means any individual who is a member of the Cow Creek Band of Umpqua Tribe of Indians within the meaning of section 5 of the Cow Creek Band of Umpqua Tribe of Indians Recognition Act (25 U.S.C. 712c), as amended by section 5 of this Act. (4) The term "tribe's governing body" means the governing body as determined by the tribe's governing documents. (5) The term "tribe's governing documents" means either the By-Laws of Cow Creek Band of Umpqua Tribe of Indians which bear an approved date of 9-10-78 or those bylaws as amended or revised or any subsequent final governing document adopted pursuant to section 4 of the Cow Creek Band of Umpqua Tribe of Indians Recognition Act (25 U.S.C. 712b), as amended by section 7 of this Act. (6) The term "tribal council" means the general membership of the Cow Creek Band of Umpqua Tribe of Indians convened in a meeting open to all tribal members. (7) The term "tribal elder" means any tribal member who reached 50 years of age on or before December 31, 1985, and whose name appears on the list compiled pursuant to section 4(b)(1)(A). SEC. 3. JUDGMENT DISTRIBUTION PLAN.

Notwithstanding Public Law 93-134 (25 U.S.C. 1401, et seq.), or any plan prepared or promulgated by the Secretary pursuant to such Act, the judgment funds awarded in United States Claims Court docket numbered 53-81L shall be distributed and used in the manner provided in this Act. SEC. 4. DISTRIBUTION AND USE OF FUNDS. (a) PRINCIPAL PRESERVED; N O PER CAPITA PAYMENTS.—(1)

The

total judgment fund of $1,500,000, less attorney's fees and loan with the Bureau of Indian Affairs for expert witness testimony during

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Page:United States Statutes at Large Volume 101 Part 1.djvu/853

 PUBLIC LAW 100-139—OCT. 26, 1987

101 STAT. 823

the land claims case, shall be set aside as the principal from which programs under this Act will be funded. Only the interest earned on this principal may be used to fund such programs. There will be no per capita distribution of any funds, other than as specified in this Act. (2) The Secretary shall— (A) maintain the judgment fund in an interest-bearing account in trust for the tribe; and (B) shall disburse funds as provided in this Act within thirty days of receipt by the Portland Area Director, Bureau of Indian Affairs, of a request by the tribe's governing body for disbursement of funds. (b) ELDERLY ASSISTANCE PROGRAM.—(1) From the principal, the Secretary shall set aside the sum of $500,000 for an Elderly Assistance Program. The Secretary shall provide a one-time-only payment of $5,000 to each tribal elder within thirty days after the tribe's governing body— (A) has compiled and reviewed for accuracy a list of all tribal members who were 50 years of age or older as of December 31, 1985; and (B) has made a request for disbursement of judgment funds ,^ for the Elderly Assistance Program pursuant to subsection (a) of r this section. (2) Payments of $5,000 to tribal elders shall be made— (A) to tribal elders by age in descending order, beginning with the oldest tribal elder, until the interest accumulated for one year on the $500,000 has been depleted below the sum of $5,000: Provided, That any interest remaining shall carry over to the following year for distribution hereunder in the next $5,000 payment; (B) on or before January 1 of succeeding years, and will continue to be made to tribal elders in descending order by age until the interest earned in such year on the $500,000 has been depleted below the sum of $5,000: Provided, That any interest remaining shall carry over to the following year for distribution hereunder in the next $5,000 payment; and (C) each year until every individual eligible for payment under this subsection has received a one-time-only payment of $5,000: Provided, That when all payments have been completed, the principal sum of $500,000 will be distributed to other tribal programs as provided in this Act and any remaining interest will be distributed to other tribal programs as determined by the tribe's governing body. (3) If any tribal member eligible for an elderly assistance payment should die before receiving such payment, the money which would have been paid to that individual will be returned to the Elderly Assistance Program fund for distribution in accordance with this section. (c) HIGHER EDUCATION AND VOCATIONAL TRAINING PROGRAM.—(1)

From the principal, the Secretary shall set aside the sum of $100,000 for a Higher Education and Vocational Training Program. Interest earned on such sum shall be disbursed annually in a lump sum to the tribe and will be utilized to provide scholarships to tribal members pursuing college, university, or professional education or training. Tribal members seeking vocational training also will be funded from this program, although adult vocational training funding available through a contract with the Bureau of Indian Affairs

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Page:United States Statutes at Large Volume 101 Part 1.djvu/854

 101 STAT. 824

PUBLIC LAW 100-139—OCT. 26, 1987

will be utilized first if an individual is eligible and there is sufficient funding in such program. (2) When the Elderly Assistance Program under subsection (b) has been completed, the principal funding for the higher education and vocational training program shall be increased to $250,000. (d) HOUSING ASSISTANCE PROGRAM.—(1) From the principal, the Secretary shall set aside the sum of $100,000 for a Housing Assistance Program for tribal members. Interest earned on such sum shall be disbursed annually in a lump sum to the tribe and may be added to any existing tribal housing improvement programs to supplement ' be established by the tribe's governing body. Such funding may be used for— (A) rehabilitation of existing homes; (B) emergency repairs to existing homes; (C) down payments on new or previously occupied homes; and ,. (D) if sufficient funding is available in a given year, for purchase or construction of new homes. (2) When the Elderly Assistance Program under subsection Q)) has been completed, the principal funding for the Housing Assistance Program shall be increased to $250,000. (e) ECONOMIC DEVELOPMENT AND TRIBAL CENTER.—(1) From the principal, the Secretary shall set aside the sum of $250,000 for economic development and, if other funding is not available or not adequate, for the construction and maintenance of a tribal center. Interest earned on such sum shall be disbursed annually in a lump sum to the tribe and may be used for— Business and (A) land acquisition for business or other activities which industry. would benefit the tribe economically or provide employment for tribal members: Provided, That at least 50 per centum of all individuals employed in a tribally operated business acquired or operated under this subsection shall be tribal members or their spouses as available and qualified: Provided further, That as new positions open or existing ones are vacated, preference will be given to tribal members or their spouses, but if insufficient numbers of qualified tribal members or their spouses are available to fill at least 50 per centum of the positions offered, nontribal members may be considered for employment; (B) business development for the tribe, including collateralization of loans for the purchase or operation of businesses, matching funds for economic development grants, joint venture partnerships, and other similar ventures which can be expected to produce profits for the tribe or to employ tribal members; Conservation. (C) reservation activities, including forest management, wildlife management and enhancement of wildlife habitats, stream enhancement, and development of recreational areas. The tribe's governing body shall determine what reservation activities will be funded from economic development funds under this subparagraph; or (D) construction, support, or maintenance of a tribal center. (2) When the Elderly Assistance Program under subsection Qo) has been completed, the principal funding available for economic development and tribal center shall be increased to $400,000. (f) MISCELLANEOUS TRIBAL ACTIVITIES.—(1) From the principal, the Secretary shall set aside the sum of $50,000 for miscellaneous tribal activities as determined by the tribe's governing body. Interest
 * , them or it may be used in a separate Housing Assistance Program to

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Page:United States Statutes at Large Volume 101 Part 1.djvu/855

 PUBLIC LAW 100-139—OCT. 26, 1987

101 STAT. 825

earned on such sum shall be disbursed annually in a lump sum to the tribe and may be used for— (A) operating costs of the tribe's governing body, including travel, telephone, and other expenses incurred in the conduct of the tribe's affairs; (B) legal fees incurred in the conduct of tribal affairs, tribal businesses or other tribal activities, recommended by the tribe's jr governing body and approved by the tribal council; or (C) repayment to the Secretary of any funds provided by the r Secretary under Bureau of Indian Affairs Contract Numbered • POOC14207638. (2) When the Elderly Assistance Program under subsection (b) has been completed, the principal funding for miscellaneous tribal activities shall be increased to $100,000. (g) EVERGREEN PROPERTY; COLLATERAUZATION OF LOAN WITH BUREAU OF INDIAN AFFAIRS.—(1) From the principal, the Secretary

shall set aside the sum of $315,000 as collateral on the property known as Evergreen. The interest from such amount shall be disbursed annually in a lump sum to the tribe and shall be utilized for payments on the loan property and for maintenance and upgrade of such property. If the tribe's governing body determines that the interest and income together are sufficient to pay off the loan more quickly, it may commit the full interest from $315,000 to repayment of the loan until such time as loan payments are completed or the income from the property is sufficient to complete the loan payments. (2) When the loan has been paid or the income from the property is sufficient to pay the loan, the principal amount of $315,000 and any remaining interest generated from such sum shall be redistributed to the Housing Assistance Program, Higher Education and Vocational Training Program, and Economic Development and Tribal Center Program established under this section in such proportions as the tribe's governing body determines to be appropriate. (h) GENERAL CONDITIONS.—The following conditions will apply to the management and use of the judgment funds by the tribe's governing body: (1) No amount greater than 10 per centum of the interest earned on the principal may be used for the administrative costs of any of the above programs, except as provided in paragraph (2). (2) No service area is implied or imposed under any program under this Act. If the costs of administering any program under this Act for the benefit of a tribal member living outside the tribe's Indian health service area are greater than 10 per centum of the interest earned thereon, the tribe's governing body may authorize the expenditure of such funds for that program, but in carrying out the program shall give priority to individuals within the tribe's Indian health service area. (3) The tribe's governing body may at any time after enactment of this Act declare a dividend to tribal members from the profits from any business enterprise of the tribe. Prior to declaring or distributing dividends, however, the tribe's governing body must first take into consideration the effect of such declaration or distribution of dividends on future operating costs i and proposed business expansions. Profits from business enterprises may also be distributed back into any of the programs

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Page:United States Statutes at Large Volume 101 Part 1.djvu/856

 101 STAT. 826

PUBLIC LAW 100-139—OCT. 26, 1987

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established under this section provided that future operating costs and proposed expansion costs are first set aside. Any such distribution back into the program under this Act shall be proportional to the percentage of principal then being allocated hereunder. (4) Notwithstanding any other provisions of this Act, interest ' ' accrued on the principal prior to enactment of this Act shall as of the date of this Act be distributed under the tribal programs described in section 4 of this Act. (5) The tribe's governing body shall adopt and publish in a publication of general circulation regulations which provide standards for the participation of individuals who are eligible for programs established pursuant to subsections (c) and (d) of this section. (6) Benefits received pursuant to this Act shall be considered supplementary to existing Federal programs and their existence shall not be used by any Federal agency as a basis to deny eligibility in whole or in part for existing Federal programs. (7) Any individual who feels he or she has been unfairly denied the right to take part in any program under subsections (h), (c), or (d) of this section may appeal to the Secretary. The Secretary shall provide payments pursuant to this section to any individual who the Secretary determines, after notice and hearing, has been unfairly denied the right to take part in such program. (8) Notwithstanding any other provisions of this Act, no funds shall be disbursed pursuant to subsections (c) or (d) of this section until one year after enactment of this Act. (i)(l) Any portion of the principal set aside under subsection (a) which remains after the allocations of the principal required under subsections (b), (c), (d), (e), and (f) have been made shall be allocated among the Housing Assistance Program, the Higher Education and Vocational Training Program, and the Economic Development and Tribal Center Program established under this section in such proportions as the tribe's governing body determines to be appropriate. (2) If the total amount of the principal set aside under subsection (a) after amounts sufficient to pay attorney's fees and the loan described in subsection (a) have been deducted is insufficient to make all of the allocations of the principal required under subsections (b), (c), (d), (e), and (f), the portion of the principal which is required to be allocated to the purposes provided in subsections (c), (d), (e), and (f) shall be reduced in such proportions as the tribe's governing body determines to be appropriate. SEC. 5. MEMBERSHIP ROLLS.

(a) Section 5 of the Cow Creek Band of Umpqua Tribe of Indians Recognition Act (25 U.S.C. 712c) is amended to read as follows: "SEC. 5. TRIBAL MEMBERSHIP.

"(a) Until such time as the Secretary of the Interior publishes a tribal membership roll as mandated in subsection (b) of this section, the membership of the Cow Creek Band of Umpqua Tribe of Indians shall consist of all persons listed in the official tribal roll approved on September 13, 1980, by the tribe's Board of Directors, and their descendants. Following publication by the Secretary of the tribal membership roll mandated in subsection (h) of this section, the

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Page:United States Statutes at Large Volume 101 Part 1.djvu/857

 PUBLIC LAW 100-139—OCT. 26, 1987

101 STAT. 827

membership of the Cow Creek Band of Umpqua Tribe of Indians shall consist of all persons listed on such roll. "(b) Within three hundred and sixty-five days after the enactment of the Cow Creek Band of Umpqua Tribe of Indians Distribution of Judgment Funds Act of 1987, the Secretary shall prepare in accordance with the regulations contained in part 61 of title 25 of the Code of Federal Regulations a tribal membership roll of the Cow Creek Band of Umpqua Tribe of Indians. Such roll shall include all Indian individuals who were not members of any other federally recognized Indian tribe on July 30, 1987 and who— "(1) are listed on the tribal roll referred to in subsection (a); "(2) are the descendants of any individuals listed pursuant to paragraph (1) born on or prior to enactment of this Act; or "(3)(A) are the descendants of any individual considered to be a member of the Cow Creek Band of Umpqua Tribe of Indians for the purposes of the treaty entered between such Band and • >'.' the United States on September 18, 1853; (B) have applied to the Secretary for inclusion in the roll pursuant to subsection (c); and (C) meet the requirements for membership provided in the tribe's governing documents. "(c) The Secretary shall devise regulations governing the application process under which individuals may apply to have their names placed on the tribal roll pursuant to paragraph 3 of subsection (b). "(d) After publication of the roll in the Federal Register, the membership of the tribe shall be limited to the persons listed on such roll and their descendants: Provided, That the tribe, at its discretion, may subsequently grant tribal membership to any individual of Cow Creek Band of Umpqua ancestry who pursuant to tribal procedures, has applied for membership in the tribe and has been determined by the tribe to meet the tribal requirements for membership in the tribe: Provided further, That nothing in this Act shall be interpreted as restricting the tribe's power to impose additional requirements for future membership in the tribe upon the adoption of a new constitution or amendments thereto as provided in section 7 of the Cow Creek Band of Umpqua Tribe of Indians Distribution of Judgment Funds Act of 1987.". (b) TECHNICAL CORRECTION.—The Cow Creek Band of Umpqua Tribe of Indians Recognition Act is amended by striking out "Umpqua Tribe of Oregon" each place it appears and inserting in lieu thereof "Umpqua Tribe of Indians". SEC. 6. ELIGIBILITY OF NONTRIBAL MEMBERS.

(a) IN GENERAL.—Notwithstanding any other provision of this Act, any individual who is not a tribal member shall be eligible to participate— (1) in the programs established under subsections (c) and (d) of section 4 of this Act if such individual— (A) submits to the Secretary and to the tribe an application for participation in such programs which is accompanied by evidence establishing that such individual is within the group of persons described in section 4(a) of Public Law 96-251; and (B) is certified by the Secretary as being within such group; and (2) in the program established under subsection (b) of section 4 of this Act if such individual—

Regulations Federal Register, publication.

25 USC 712, 712a.

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Page:United States Statutes at Large Volume 101 Part 1.djvu/858

 101 STAT. 828

PUBLIC LAW 100-139—OCT. 26, 1987 < >

(A) submits to the Secretary and to the tribe, by no later than one hundred and eighty days after the date of enact'•!•'ment of this Act, an application for participation in such ip program which is accompanied by evidence establishing t> that such individual is within the group of persons deyi> scribed in section 4(a) of Public Law 96-251; and Afrr (B) is certified by the Secretary as being within such group, (b) BASIS OF CERTIFICATIONS.—In making certifications under subsection (a) of this section, the Secretary may use— (1) records collected pursuant to Bureau of Indian Affairs Contract Numbered POOC14207638 that are made available to ^• (2) any other documents, records, or other evidence that the ^' Secretary determines to be satisfactory. SEC. 7. ORGANIZATION OF TRIBE; CONSTITUTION, BYLAWS AND GOVERNING BODY.
 * the Secretary by the tribe; and

(a) IN GENERAL.—Section 4 of the Cow Creek Band of Umpqua Tribe of Indians Recognition Act (25 U.S.C. 712b) is amended to read ' '•«-' as follows: "SEC. 4. (a) The tribe may organize for its common welfare and adopt an appropriate instrument, in writing, to govern the affairs of, ^., the tribe when acting in its governmental capacity. The tribe shall ,;:,';,,. file with the Secretary of the Interior a copy of its organic governing document and any amendments thereto. "(b) Not less than one year following enactment of the Cow Creek Band of Umpqua Tribe of Indians Distribution of Judgment Funds Act of 1987, the tribe's governing body may propose a new governing document or amendments or revisions to the interim governing document, and the Secretary shall conduct a tribal election as to the adoption of that proposed document within one hundred twenty days from the date it is submitted to the Bureau of Indian Affairs. "(c) The Secretary shall approve the new governing document if approved by a majority of the tribal voters unless he or she deter,,.. mines that such document is in violation of any laws of the United States. "(d) Until the tribe adopts and the Secretary approves a new governing document, its interim governing document shall be the tribal bylaws entitled 'By-Laws of Cow Creek Band of Umpqua Tribe of Indians' which bear an 'approved' date of '9-10-78,'.

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text: Author:Alexander Russell Simpson

title: Author:Alexander Russell Simpson


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Page:United States Statutes at Large Volume 101 Part 1.djvu/859

 PUBLIC LAW 100-139—OCT. 26, 1987

101 STAT. 829

"(e) Until the tribe adopts a final governing document, the tribe's governing body shall consist of its current board of directors elected at the tribe's annual meeting of August 10, 1986, or such new board members as are selected under election procedures of the interim governing document identified at subsection (d).". Approved October 26, 1987.

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LEGISLATIVE HISTORY—H.R. 1567: HOUSE REPORTS: No. 100-66 (Comm. on Interior and Insular Affairs). SENATE REPORTS: No. 100-157 (Select Comm. on Indian Affairs). CONGRESSIONAL RECORD, Vol. 133 (1987): Apr. 27, considered and passed House. Sept. 18, considered and passed Senate, amended. Oct. 5, House concurred in Senate amendment.

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Page:United States Statutes at Large Volume 101 Part 1.djvu/860

 101 STAT. 830

PUBLIC LAW 100-140—OCT. 26, 1987

Public Law 100-140 100th Congress An Act Oct. 26, 1987 [S. 1666]

To amend title 5, United States Code, to provide for the extension of physicians comparability allowances and to amend title 37, United States Code, to provide for special pay for psychologists in the commissioned corps of the Public Health Service.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. FEDERAL PHYSICIANS AMENDMENTS.

COMPARABILITY

ALLOWANCE

(a) PHYSICIANS COMPARABILITY ALLOWANCES.—Section 5948(a) of title 5, United States Code, is amended— (1) in paragraph (1) by striking out "$7,000" and inserting in lieu thereof "$14,000"; (2) in paragraph (2) by striking out "$10,000" and inserting in lieu thereof "$20,000"; and (3) by adding at the end thereof (after and below paragraph (2)) the following: "For the purpose of determining length of service as a Government physician, service as a physician under section 4104 or 4114 of title 38 or active service as a medical officer in the commissioned corps of the Public Health Service under Title II of the Public Health Service Act (42 U.S.C. ch. 6A) shall be deemed service as a Government physician." (b) EXTENSION OF AUTHORITY.—The second sentence of section 5948(d) of title 5, United States Code, is amended to read as follows: "No agreement shall be entered into under this section later than September 30, 1990, nor shall any agreement cover a period of service extending beyond September 30, 1992.". SEC. 2. SPECIAL PAY FOR PSYCHOLOGISTS IN THE PUBLIC HEALTH SERVICE CORPS. (a) SPECIAL PAY.—Chapter 5 of title 37, United States Code, is amended by inserting after section 302b the following new section: 37 USC 302c.

"§ 302c. Special pay: psychologists in the Public Health Service Corps "(a) A member who is— "(1) an officer in the Regular or Reserve Corps of the Public Health Service and is designated as a psychologist; and "(2) has been awarded a diploma as a Diplomate in Psychology by the American Board of Professional Psychology, is entitled to special pay, as provided in subsection (b). "(b) The rate of special pay to which an officer is entitled pursuant to subsection (a) shall be— "(1) $2,000 per year, if the officer has less than 10 years of creditable service; "(2) $2,500 per year, if the officer has at least 10 but less than 12 years of creditable service;

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Page:United States Statutes at Large Volume 101 Part 1.djvu/861

 PUBLIC LAW 100-140—OCT. 26, 1987

101 STAT. 831

"(3) $3,000 per year, if the officer has at least 12 but less than 14 years of creditable service; "(4) $4,000 per year, if the officer has at least 14 but less than 18 years of creditable service; or "(5) $5,000 per year, if the officer has 18 or more years of creditable service.". Ooi) CONFORMING AMENDMENTS.—(1) Section 303a of title 37, United States Code, is amended by inserting "302c," after "302b," each place it appears. (2) The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 302b the following new item: "302c. Special pay: psychologists in the Public Health Service Corps.". (c) EFFECTIVE DATE.—The amendments made by this section

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shall 37 USC 302c take effect on October 1, 1987 or on the date of the enactment of this "ote. ,, Act, whichever is later, and shall apply with respect to pay periods beginning on or after that effective date. Approved October 26, 1987.

LEGISLATIVE HISTORY—S. 1666: CONGRESSIONAL RECORD, Vol. 133 (1987): Sept. 16, considered and passed Senate. Oct. 13, considered and passed House. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 23 (1987): Oct. 28, Presidential statement.

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Page:United States Statutes at Large Volume 101 Part 1.djvu/862

 101 STAT. 832

PUBLIC LAW 100-141—OCT. 28, 1987

Public Law 100- 141 100th Congress An Act Oct. 28, 1987 [H.R. 2741] 1988 Olympic Commemorative Coin Act. 31 USC 5112 note. 31 USC 5112 note.

To authorize the minting of commemorative coins to support the training of American athletes participating in the 1988 Olympic Games.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE.

This Act may be cited as the "1988 Olympic Commemorative Coin Act". SEC. 2. COIN SPECIFICATIONS.

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•• (a) FIVE DOLLAR GOLD COINS.—

(1) ISSUANCE.—The Secretary of the Treasury (hereinafter in this Act referred to as the "Secretary") shall issue not more than one million five dollar coins which shall weigh 8.359 grams, have a diameter of 0.850 inches, and shall contain 90 percent gold and 10 percent alloy. (2) DESIGN.—The design of such five dollar coins shall be emblematic of the participation of American athletes in the 1988 Olympic Games. On each such coin there shall be a designation of the value of the coin, an inscription of the year "1988", and inscriptions of the words "Liberty", "In God We Trust", "United States of America", and "E Pluribus Unum". Oo) ONE DOLLAR SILVER COINS.—

(1) ISSUANCE.—The Secretary shall issue not more than ten million one dollar coins which shall weigh 26.73 grams, have a diameter of 1.500 inches, and shall contain 90 percent silver and 10 percent copper. (2) DESIGN.—The design of such dollar coins shall be emblematic of the participation of American athletes in the 1988 Olympic Games. On each such coin there shall be a designation of the value of the coin, an inscription of the year "1988", and inscriptions of the words "Liberty", "In God We Trust", "United States of America", and "E Pluribus Unum". (c) LEGAL TENDER.—The coins issued under this Act shall be legal tender as provided in section 5103 of title 31, United States Code. 31 USC 5112 note.

SEC. 3. SOURCES OF BULLION.

(a) SILVER BULLION.—The Secretary shall obtain silver for the coins minted under this Act only from stockpiles established under the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98 et seq.). O3) GOLD BULLION.—The Secretary shall obtain gold for the coins minted under this Act pursuant to the authority of the Secretary under existing law. ..7 w> '^

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Page:United States Statutes at Large Volume 101 Part 1.djvu/863

 PUBLIC LAW 100-141—OCT. 28, 1987 SEC. 4. SELECTION OF DESIGN.

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101 STAT. 833 -

31 USC 5112

The design for each coin authorized by this Act shall be selected by the Secretary after consultation with the United States Olympic Committee and the Commission of Fine Arts. SEC. 5. SALE OF THE COINS.

31 USC 5112

(a) SALE PRICE.—Notwithstanding any other provision of law, the

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coins issued under this Act shall be sold by the Secretary at a price equal to the face value, plus the cost of designing and issuing such coins (including labor, materials, dies, use of machinery, and overhead expenses). (b) BULK SALES.—The Secretary shall make bulk sales at a reasonable discount to reflect the lower costs of such sales. (c) PREPAID ORDERS AT A DISCOUNT.—The Secretary shall accept prepaid orders for the coins prior to the issuance of such coins. Sales under this subsection shall be at a reasonable discount to reflect the benefit of prepayment. (d) SURCHARGE REQUIRED.—All sales shall include a surcharge of $35 per coin for the five dollar coins and $7 per coin for the one dollar coins.

SEC. 6. ISSUANCE OF THE COINS.

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31 USC 5112

(a) GOLD COINS.—The five dollar coins authorized under this Act New York. shall be issued in uncirculated and proof qualities and shall be struck at the United States Bullion Depository at West Point. -- • (b) SILVER COINS.—The one dollar coins authorized under this Act may be issued in uncirculated and proof qualities, except that not more than one facility of the United States Mint may be used to strike each such quality. (c) SUNSET PROVISION.—No coins shall be minted under this Act after June 30, 1989. SEC. 7. GENERAL WAIVER OF PROCUREMENT REGULATIONS.

31 USC 5112

No provision of law governing procurement or public contracts shall be applicable to the procurement of goods or services necessary for carrying out the provisions of this Act. Nothing in this section shall relieve any person entering into a contract under the authority of this Act from complying with any law relating to equal employment opportunity. SEC. 8. DISTRIBUTION OF SURCHARGES.

31 USC 5112

All surcharges which are received by the Secretary from the sale of coins issued under this Act shall be promptly paid by the Secretary to the United States Olympic Committee. Such amounts shall be used by the United States Olympic Committee solely to train United States Olympic athletes, to support local or community amateur athletic programs, and to erect facilities for the training of such athletes. SEC. 9. AUDITS.

31 USC 5112

The Comptroller General shall have the right to examine such books, records, documents, and other data of the United States Olympic Committee as may be related to the expenditure of amounts paid under section 8. SEC. 10. COINAGE PROFIT FUND.

Notwithstanding any other provision of law—

31 USC 5112

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Page:United States Statutes at Large Volume 101 Part 1.djvu/864

 101 STAT. 834
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31 USC 5112

PUBLIC LAW 100-141—OCT. 28, 1987 (1) all amounts received from the sale of coins issued under this Act shall be deposited in the coinage profit fund; (2) the Secretary shall pay the amounts authorized under this Act from the coinage profit fund; and (3) the Secretary shall charge the coinage profit fund with all expenditures under this Act.

SEC. 11. FINANCIAL ASSURANCES.

(a) No NET COST TO THE GOVERNMENT.—The Secretary shall take all actions necessary to ensure that the issuance of the coins authorized by this Act shall result in no net cost to the United States Government. (h) ADEQUATE SECURITY FOR PAYMENT REQUIRED.—No coin shall be issued under this Act unless the Secretary has received— (1) full payment therefor; ''s (2) security satisfactory to the Secretary to indemnify the United States for full payment; or Insurance. ^^ (3) a guarantee of full payment satisfactory to the Secretary • ^ from a depository institution whose deposits are insured by the Federal Deposit Insurance Corporation, the Federal Savings •J. » •>.; and Loan Insurance Corporation, or the National Credit Union Administration Board. Approved October 28, 1987.

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LEGISLATIVE HISTORY—H.R. 2741: SENATE REPORTS: No. 100-197 (Comm. on Banking, Housing, and Urban Affairs). CONGRESSIONAL RECORD, Vol. 133 (1987): Aug. 6, considered and passed House. Oct. 13, considered and passed Senate, amended. • '.i Oct. 14, House concurred in Senate amendment.

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Page:United States Statutes at Large Volume 101 Part 1.djvu/865

 PUBLIC LAW 100-142—OCT. 28, 1987

101 STAT. 835

Public Law 100-142 100th Congress Joint Resolution To designate the month of November in 1987 as "National Hospice Month.

Whereas hospice care has been demonstrated to be a humanitarian way for terminally ill patients to approach the end of their lives in comfort with appropriate, competent and compassionate care in an environment of personal individuality and dignity; Whereas hospice advocates care for the patient and family by attending to their physical, emotional and spiritual needs and specifically, the pain and grief they experience; Whereas hospice care is provided by an interdisciplinary team of physicians, nurses, social workers, pharmacists, psychological and spiritual counselors, and other community volunteers trained in the hospice concept of care; Whereas hospice is rapidly becoming a full partner in the Nation's health care system; Whereas the recent enactment of a permanent medicare hospice benefit and an optional medicaid hospice benefit makes it possible for many more Americans to have the opportunity to elect to receive hospice care; Whereas private insurance carriers and employers have recognized the value of hospice care by the inclusion of hospice benefits in health care coverage packages; and Whereas there remains a great need to increase public awareness of the benefits of hospice care: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the month of November in 1987 is designated as "National Hospice Month". The President is requested to issue a proclamation calling upon all Government agencies, the health care community, appropriate private organizations, and people of the United States to observe those months with appropriate forums, programs and activities designed to encourage national recognition of and support for hospice care as a humane response to the needs of the terminally ill and as a viable component of the health care system in this country. Approved October 28, 1987.

LEGISLATIVE HISTORY—H.J. Res. 234: CONGRESSIONAL RECORD, Vol. 133 (1987): Sept. 23, considered and passed House. Oct. 15, considered and passed Senate, amended. Oct. 20, House concurred in Senate amendments.

91-194 O - 90 - 28: QL.3 Part 1

Oct. 28, 1987 "TH^FR 2S41

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Page:United States Statutes at Large Volume 101 Part 1.djvu/866

 101 STAT. 836

PUBLIC LAW 100-143—OCT. 28, 1987

Public Law 100-143 100th Congress Joint Resolution Oct. 28, 1987 [S.J. Res. 163]

To designate the month of November 1987, as "National Family Bread Baking Month".

Whereas baking bread in the home is a long-standing American tradition, and has contributed to the well being and nutrition of the family since the earliest days of colonial settlement; Whereas family bread baking utilizes American agricultural commodities and the products thereof (notably wheat, rye, corn, dairy products, sugar, and eggs), resulting in a significant contribution to the economies of the States in which these commodities are grown and produced; Whereas homemade bread provides health benefits and valuable nutrients to the American diet; and Whereas family bread baking contributes to the strength and unity of the family, and provides an important means for educating future generations about American traditions and values: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled. That the month of November 1987, is designated as "National Family Bread Baking Month", and the President is authorized and requested to issue a proclamation calling on the people of the United States to observe such month with appropriate programs, ceremonies, and activities. Approved October 28, 1987.

LEGISLATIVE HISTORY—S.J. Res. 163: CONGRESSIONAL RECORD, Vol. 133 (1987)June 25, considered and passed Senate. Oct. 20, considered and passed House.

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Page:United States Statutes at Large Volume 101 Part 1.djvu/867

 PUBLIC LAW 100-144—OCT. 28, 1987

101 STAT. 837

Public Law 100-144 100th Congress Joint Resolution Designating the week beginning October 25, 1987, as "National Adult Immunization Awareness Week".

Whereas the Surgeon General of the Public Health Service launched a decade-long initiative in 1979 to reduce preventable death and disease among adults in the United States; Whereas reducing the incidence of infectious disease through immunization is an objective of the initiative; Whereas the Surgeon General established for influenza an immunization goal of 60 percent of the elderly and individuals with chronic illnesses and for pneumococcal pneumonia an immunization goal of 60 percent of individuals over the age of 40 and individuals weakened with underlying medical conditions; Whereas, by the end of 1985, only 17.6 percent of the elderly and individuals with chronic illnesses were immunized against influenza and 10.3 percent of individuals over the age of 40 and individuals weakened with underlying medical conditions were immunized against pneumococcal pneumonia; Whereas influenza, pneumonia, and other infectious diseases including measles, rubella, diphtheria, tetanus, and hepatitis B are among the top killers of adults in the United States particularly the elderly, despite readily available vaccines that have been proven safe and effective by the Food and Drug Administration and could save the lives of tens of thousands of adults in the United States; Whereas reducing the incidence of infectious disease through immunization would help decrease the high cost of health care in the United States; and Whereas efforts to educate adults in the United States about the benefits of immunization generally are vital and will encourage more adults in the United States to be immunized against infectious diseases so that the immunization goals of the Surgeon General are met: Now, therefore, be it

Oct. 28, 1987 [S.J. Res. 168]

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Page:United States Statutes at Large Volume 101 Part 1.djvu/868

 101 STAT. 838

PUBLIC LAW 100-144—OCT. 28, 1987

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the week beginning October 25, 1987, is designated as "National Adult Immunization 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 October 28, 1987.

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LEGISLATIVE HISTORY—S.J. Res. 168: CONGRESSIONAL RECORD, Vol. 133 (1987): Oct. 15, considered and passed Senate. Oct. 20, considered and passed House.

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Page:United States Statutes at Large Volume 101 Part 1.djvu/869

 PUBLIC LAW 100-145—OCT. 28, 1987 Public Law 100-145 100th Congress

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101 STAT. 839 v

Joint Resolution To designate the week beginning on November 2, 1987, and ending on November 8, 1987, as "National Tourette Syndrome Awareness Week".

Whereas Tourette syndrome is a neurological disorder which occurs in children between the ages of 2 and 16 and lasts for the remainder of the life of each afflicted child; Whereas Tourette syndrome is characterized by repeated tic movements and involuntary vocalizations which are physically debilitating, socially crippling, and emotionally devastating; Whereas an estimated 100,000 Americans currently suffer from Tourette syndrome and an additional 3,500,000 Americans suffer from less severe forms of this affliction; Whereas the lack of knowledge about this disorder on the part of health professionals and the public causes additional hardships for those afflicted with Tourette syndrome; Whereas greater public understanding of Tourette syndrome will encourage those persons currently diagnosed as suffering from this disorder, and nurture hope for those who are suffering from the disorder but whose afflictions have not been diagnosed or have been diagnosed incorrectly; and Whereas thousands of caring volunteers and the families of persons afflicted with Tourette syndrome have devoted much time and energy to educate health professionals and the public about this disorder: 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 November 2, 1987, and ending on November 8, 1987, is designated as "National Tourette Syndrome Awareness Week", and the President is authorized and requested to issue a proclamation calling upon Federal, State, and local government agencies, interest groups and organizations, and all of the people of the United States to observe such week by engaging in appropriate activities and programs to show their support and concern for those Americans afflicted with Tourette syndrome. Approved October 28, 1987.

LEGISLATIVE HISTORY—S.J. Res. 198: CONGRESSIONAL RECORD, Vol. 133 (1987): Oct. 15, considered and passed Senate. Oct. 20, considered and passed House.

Oct. 28, 1987 [S.J. Res. 198]

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Page:United States Statutes at Large Volume 101 Part 1.djvu/870

 PUBLIC LAW 100-146—OCT. 29, 1987

101 STAT. 840

Public Law 100-146 100th Congress

<:-j>' iii.*

An Act Oct. 29, 1987 [8. 1417]

Developmental Disabilities Assistance and Bill of Rights Act Amendments of 1987. Health and medical care. Handicapped persons. 42 USC 6000 note.

To amend the Developmental Disabilities Assistance and Bill of Rights Act to extend the programs established in such Act, and for other purposes.

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

1. This Act may be cited as the "Developmental Disabilities Assistance and Bill of Rights Act Amendments of 1987". SECTION

REFERENCE

<^. -^ l - - - ' - ; -. < ! •: • / ' T;

'?-.

SEC. 2. Except as otherwise specifically provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or a repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Developmental Disabilities Assistance and Bill of Rights Act. TITLE I—GENERAL PROVISIONS FINDINGS AND PURPOSES

42 USC 6000.

SEC. 101. Section 101 is amended to read as follows: " F I N D I N G S AND t>URPOSES

''; ' '

"SEC. 101. (a) The Congress finds that— "(1) there are more than two million persons with developmental disabilities in the United States; "(2) persons whose disabilities occur during their developmental period frequently have severe disabilities which are likely to continue indefinitely; c. "(3) notwithstanding their severe disabilities, these persons have capabilities, competencies, and personal needs and preferences; "(4) family and members of the community can play a central role in enhancing the lives of persons with developmental disabilities, especially when the family is provided with necessary support services; "(5) persons with developmental disabilities and their families often require specialized lifelong assistance to be provided in a coordinated manner by many agencies and others in order to eliminate barriers for such persons and to meet the needs of such persons; "(6) generic service agencies and agencies providing specialized services to persons with disabilities sometimes overlook, inappropriately address the needs of, or exclude persons with

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101 STAT. 841

developmental disabilities in their planning and delivery of services; "(7) public and private employers tend to be unaware of the capability of persons with developmental disabilities to be engaged in competitive work in integrated settings; and "(8) it is in the national interest to offer persons with developmental disabilities the opportunity, to the maximum extent feasible, to make decisions for themselves and to live in tj^ical homes and communities where they can exercise their full rights and responsibilities as citizens. "(b) The purposes of this title are— "(1) to provide assistance to States and public and private nonprofit agencies and organizations to assure that all persons with developmental disabilities receive the services and other assistance and opportunities necessary to enable such persons to achieve their maximum potential through increased independence, productivity, and integration into the community; "(2) to enhance the role of the family in assisting persons with developmental disabilities to achieve their maximum potential; and "(3) to make grants to support a system in each State to protect the legal and human rights of persons with developmental disabilities.".

State and local governments.

Grants.

DEFINITIONS

SEC. 102. Section 102 is amended— 42 USC 6001. (1) by striking out paragraphs (2) and (3) and inserting in lieu thereof the following: "(2) The term 'nonprofit' means an agency, institution, or organization that is owned or operated by one or more corporations or associations, no part of the net earnings of which inures, or may lawfully inure, to the benefit of any private share holder or individual."; (2) by redesignating paragraph (4) as paragraph (3); (3) by striking out paragraph (5); (4) by redesignating paragraphs (6), (7), (8), and (9) as paragraphs (4), (5), (6), and (7), respectively; (5) by redesignating paragraph (10) as paragraph (8), and in such paragraph, by striking out "nonhandicapped" each place it appears and inserting in lieu thereof "nondisaoled"; (6) by striking out paragraph (11); (7) by redesignating paragraphs (12), (13), (14), and (15) as paragraphs (17), (18), (19), and (20), respectively; (8) by inserting after paragraph (8) (as redesignated by paragraph (5) of this section) the following new paragraphs: "(9) The term 'priority area activities' includes, with respect to Federal priority areas or a State priority area— yj. "(A) activities to increase the capacities and resources of public and private nonprofit entities and others to develop a system for providing specialized services or special adaptations of generic services or other assistance which responds to the needs and capabilities of persons with developmental disabilities and their families and to enhance coordination ,•:-., among entities; "(B) the— "(i) conduct of studies and analyses; "(ii) gathering of information; j^...

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 101 STAT. 842

PUBLIC LAW 100-146—OCT. 29, 1987 ' '-^ *

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"(iii) development of model policies, and procedures; and "(iv) presentation of information, models, findings, conclusions, and recommendations to policjonakers, in order to enhance opportunities for persons with development£d disabilities, including the enhancement of a system for providing or making available specialized services or special adaptations of generic services for persons with developments^ disabilities and the families of such persons; "(C) the demonstration of new ways to enhance the ' ' independence, productivity, and integration into the community of persons with developmental disabilities, such as model demonstrations which, if successful, will be made generally applicable through sources of funding other than funding under this title, including new ways to enhance specialized services or special adaptations of generic services for persons with developmental disabilities and the families of such persons; "(D) outreach activities for persons with developmental -asjD, w £ disabilities to enable such persons to obtain assistance in Federal priority areas or a State priority area, including access to specialized services or special adaptations of generic services for persons with developmental disabilities and the families of such persons; • ' .^ "(E) the training of persons with developmental disabil'* -^ ities, family members of such persons, and personnel, including professionals, paraprofessionaLs, students, and volunteers, to obtain access to, or to provide, services and other assistance in the area, including specialized services or special adaptations of generic services for persons with developmental disabilities and the families of such persons; and "(F) similar activities designed to prevent developmental disabilities from occurring or to expand and enhance the >4 !> independence, productivity and integration into the community of persons with developmental disabilities through the State on a comprehensive basis. "(10) The term 'Federal priority areas' means community living activities, emplojntnent activities, child development activities, and ceise management activities. "(11) The term 'State priority area' means priority area activities in an area considered essential by the State Planning Council. "(12) The term 'community living activities' means such priority area activities as will assist persons with developmental disabilities in developing or maintaining suitable residential arrangements and supports in the community (including nonfinancial supports and family support services). "(13) The term 'employment activities' means such priority area activities as will increase the independence, productivity, or integration of a person with developmental disabilities in work settings. "(14) The term 'supported employment' means competitive work in integrated work settings— "(A) for persons with developmental disabilities for whom competitive emplo3ment has not traditionally occurred; or

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101 STAT. 843

"(B) for persons for whom competitive employment has been interrupted or intermittent as a result of a developmental disability, and who because of their disability need on-going support services to perform such work. "(15) The term 'child development activities' means such priority area activities as will assist in the prevention, identification, and alleviation of developmental disabilities in children, including early intervention services. "(16) The term 'case management activities' means priority area activities to establish a potentially life-long, goal-oriented process for coordinating the range of assistance needed by persons with developmental disabilities and their families, which is designed to ensure accessibility, continuity of supports and services, and accountability and to ensure that the maximum potential of persons with developmental disabilities for independence, productivity, and integration into the community is attained."; (9) by striking out "facility or facilities" in subparagraph (A)(ii) of paragraph (17) (as redesignated by paragraph (7) of this section) and inserting in lieu thereof "program or programs"; (10) by striking out "facilities" each place it appears in paragraph (17) (as redesignated by paragraph (7) of this section) and inserting in lieu thereof "programs'; (11) by striking out "paragraph (13)" in subparagraph (A)(iii) of paragraph (17) (as redesignated by paragraph (7) of this section) and inserting in lieu thereof "paragraph (18)"; (12) by striking out "facility" the first place it appears in paragraph (18) (as redesignated by paragraph (7) of this section) and inserting in lieu thereof "program"; (13) by striking out "public or nonprofit facility" in paragraph (18) (as redesignated by paragraph (7) of this section) and inserting in lieu thereof "program operated by a public or nonprofit private entity"; (14) by inserting ", including parents of persons with developmental disabilities, professionals, paraprofessionals, students, and volunteers," before "which is" in subparagraph (A) of paragraph (18) (as redesignated by paragraph (7) of this section); (15) by striking out "the facility" in paragraph (18) (as redesignated by paragraph (7) of this section) and inserting in lieu thereof a facility'; and (16) by adding at the end thereof the following new paragraphs: "(21) The term 'family support services' means services designed to— "(A) strengthen the family's role as primary caregivers; "(B) prevent inappropriate out-of-the-home placement and maintain family unity; and "(C) reunite families with members who have been placed out of the home. Such term includes respite care, personal care, parent training and counseling, support for elderly parents, and other individualized services. "(22) The term 'assistive technology' means the systematic application of technology, engineering methodologies, or scientific principles to meet the needs of, and address the barriers confronted by, persons with developmental disabilities in areas including education, employment, supported employment,

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 101 STAT. 844

PUBLIC LAW 100-146—OCT. 29, 1987

transportation, and independent living and other community living arrangements. J "(23) The term 'early intervention services' means services provided to infants, toddlers, young children, and the families of -., such to— 1;. "(A) identify, assess, and treat developmental disabilities [:£^.^ - at the earliest possible time to prevent more serious disability; ,.•;oi > "(B) ensure the maximum growth and development of a I' person within the above classes who has a developmental disability; and "(C) assist families in raising a child with a developmental disability.", f; REPORTS State and local governments.

42 USC 6006.

Minorities.

SEC. 103. (a) Section 107(a) is amended— (1) by striking out "and" at the end of paragraph (2); (2) by striking out the period at the end of paragraph (3) and inserting in lieu thereof a semicolon; and (3) by adding at the end thereof the following new paragraphs: "(4) a description of the State Planning Council's response to lij^,. significant actions taken by the State with respect to each annual survey report and plan of corrections for cited deficiencies prepared pursuant to section 1902(a)(31XB) of the Social Security Act with respect to any intermediate care facility for the mentally retarded in such State; and f'j (. "(5) a description of the progress made in the State in, and policy reform concerning, and advocacy for, persons with developmental disabilities which are attributable to physical impairment, mental impairment, or a combination of physical and mental impairments, including any other subpopulation of persons with developmental disabilities (including minorities) that the State Planning Council may identify under sections 122(b)(3) and 122(f).". (b) Section 107(c)(1) is amended— (1) by striking out "and" at the end of subparagraph (A); (2) by striking out the period at the end of subparagraph (B) ^._ and inserting in lieu thereof a semicolon; and (3) by adding at the end thereof the following new subpara••fitffi- g r a p h s:
 * tf^- any identifiable trends concerning, the setting of priorities for,

Minorities.

"(C) the progress made by States in, and any identifiable B-Kii% i- trends concerning, the setting of priorities for, policy reform concerning, and advocacy for, persons with developmental disabilities attributable to physical impairment, mental impairment, or a combination of physical and mental impairments, including any other subpopulation of btJ^'j'ir:; ' persons with developmental disabilities (including minorities) that the State Planning Council may identify under .. u;^r- sections 122(b)(3) and 122(0; •..pir,t. "(D) the significant Federal policies that impact on the ability of States to address the needs of persons with developmental disabilities attributable to physical impairments, mental impairments, or a combination of mental and physical impairments; and "(E) the number of meetings held by the interagency ,^'fM.i.' committee established under section 108(b) during the

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 PUBLIC LAW 100-146—OCT. 29, 1987

101 STAT. 845

period for which the report is made, which agencies were represented at each such meeting, and the accomplishments of the interagency committee in comparison to the goals and objectives of such committee.". -t«0

>. >

TITLE II—STATE ASSISTANCE PROGRAM

7

PURPOSE

'

SEC. 201. (a) Section 121 is amended to read as follows:

42 USC 6021.

"PURPOSE

"SEC. 121. The purpose of this part is to provide payments to States to assist in the development of a comprehensive system and a coordinated array of services and other assistance for persons with developmental disabilities through the conduct of, and appropriate planning and coordination of, administrative activities, Federal priority activities, and a State priority activity, in order to support persons with developmental disabilities to achieve their maximum potential through increased independence, productivity, and integration into the community.". (b) The heading for part B is amended by striking out "AND 42 USC prec. SERVICE" and inserting in lieu thereof "PRIORITY AREA". ^^^i. STATE PLAN REQUIREMENTS

SEC. 202. (a) Section 1220)) is amended by striking out "for the 42 USC 6022. provision of services for persons with developmental disabilities" in the matter preceding paragraph (1). OsXlXA) Section 122(b)(1) is amended— (i) by striking out subparagraph (A) and inserting in lieu thereof the following: "(A) The plan must provide for the establishment of a State Planning Council in accordance with section 124."; (ii) by striking out subparagraph (B) and inserting in lieu thereof the following: "(B) The plan must designate the State agency which shall administer or supervise the administration of the State plan (hereafter in this part referred to as the 'designated State agency'). Except as provided in subsection (e), the designated State agency may be— "(i) the State Planning Council required under subparagraph (A) if such Council may be the designated State agency under the laws of the State; "(ii) a State agency that does not provide or pay for services »* made available to persons with developmental disabilities; or "(iii) a State office, including the immediate office of the / Governor of the State or a State planning office."; and (iii) by striking out "each" in subparagraph (C) and inserting o; in lieu thereof "the". (B) Section 122 is amended by adding at the end thereof the following new subsection: "(e)(1) If a State agency that provides or pays for services for persons with developmental disabilities was a designated State agency for purposes of this part on the date of enactment of the , Developmental Disabilities Assistance and Bill of Rights Act Amendments of 1987 and the Governor of the State determines, before June 30, 1988, not to change the designation of such agency,

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PUBLIC LAW 100-146—OCT. 29, 1987

such agency may continue to be a designated State agency foi purposes of this part. "(2) The determination of the Governor of a State under paragraph (1) shall be at the discretion of the Governor and shall be made by the Governor after the Governor has considered the comments of the general public and the non-State agency members of the State Planning Council with respect to the designation of such State agency, and after the Governor has made an independent assessment of the impact that the designation of such agency has on the ability of the State Planning Council to serve as an advocate for persons with developmental disabilities. "(3) If the Governor of a State determines not to retain the designation of a State agency in effect on the date of enactment of the Developmental Disabilities Assistance and Bill of Rights Act Amendments of 1987, the Governor shall, by October 1, 1990, designate another agency as the State agency in accordance with the requirements of subsection (b)(l)(B). "(4) After the date of enactment of the Developmental Disabilities Assistance and Bill of Rights Act Amendments of 1987, any designation of a State agency shall be made in accordance with the requirements of subsection ObXlXB).". (2) Section 122(b)(2) is amended— (A) by inserting a comma and "activities," after "programs" in subparagraph (A); (B) by striking out clause (i) of subparagraph (C) and inserting in lieu thereof "(i) the extent and scope of services being provided, or to be provided, to persons with developmental disabilities under such other State plans or federally assisted State programs that the State conducts and in which persons with developmental disabilities are eligible to participate, including programs relating to education, job training, vocational rehabilitation, public assistance, medical assistance, social services, maternal and child health, aging, programs for children with special health care needs, housing, comprehensive health and mental health, and such other plans as the Secretary may specify, and"; and (C) by striking out "priority services being or to be provided" in subparagraph (D) and inserting in lieu thereof "Federal and State priority areas which are addressed or which will be addressed". (3) Section 122 (as amended by paragraph (I)(B) of this subsection) is further amended— (A) by redesignating paragraphs (3) through (7) of subsection (b) as paragraphs (4) through (8), respectively; (B) by inserting after paragraph (2) of such subsection the following new paragraph: "(3) The plan must describe a process and timetable for the completion, by January 1, 1990, by the State Planning Council in the State, of the reviews, analyses, and final report described in subsection (f)."; and (C) by adding at the end thereof the following new subsection: "(fKD Each State Planning Council shall conduct a comprehensive review and analysis of the eligibility for services provided, and the extent, scope, and effectiveness of, services provided and functions performed by, all State agencies (including agencies which provide public assistance) which affect or which potentially affect the ability of persons with developmental disabilities to achieve the goals of

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 PUBLIC LAW 100-146—OCT. 29, 1987

101 STAT. 847

independence, productivity, and integration into the community, including persons with developmental disabilities attributable to physical impairment, mental impairment, or a combination of physical and mental impairments. "(2) Each State Planning Council shall conduct a review and analysis of the effectiveness of, and consumer satisfaction with, the functions performed by, and services provided or paid for from Federal and State funds by each of the State agencies (including agencies providing public assistance) responsible for performing functions for, and providing services to, all persons with developmental disabilities in the State. Such review and analysis shall be based upon a survey of a representative sample of persons with developmental disabilities receiving services from each such agency, and if appropriate, shall include their families. "(3) Each State Planning Council shall convene public forums, after the provision of notice within the State, in order to— "(A) present the findings of the reviews and analyses prepared under paragraphs (1) and (2); "(B) obtain comments from all interested persons in the State regarding the unserved and underserved populations of persons with developmental disabilities which result from physical impairment, mental impairment, or a combination of physical i and mental impairments; and "(C) obtain comments on any proposed recommendations concerning the removal of barriers to services for persons with developmental disabilities and to connect such services to existing State agencies by recommending the designation of one or more State agencies, as appropriate, to be responsible for the provision and coordination of such services. "(4) By January 1, 1990, each State Planning Council shall pre- Reports. pare and transmit to the Governor of the State and the legislature of the State a final written report concerning the review and analyses conducted under paragraphs (1) and (2). The report shall contain recommendations by the State Planning Council concerning— "(A) the most appropriate agency or agencies of the State to be designated as responsible for the provision and coordination of services for persons with developmental disabilities who are disabilities attributable to physical impairment, persons with developmental disabilities attributable to dual mental impairments, and persons with developmental disabilities attributable to a combination of physical and mental impairments, and such other subpopulations of persons with developmental disabilities (including minorities) as the State Planning Council may identify; and s "(B) the steps to be taken to include the data and recommendations obtained through the conduct of the reviews and analyses under paragraphs (1) and (2) in the State Planning Council's ongoing advocacy, public policy, and model service demonstration activities. "(5) By January 15, 1990, the Governor of each State shall submit Reports. to the Secretary a copy of the report required by paragraph (4). By April 1, 1990, the Secretary shall transmit a summary of such reports to the appropriate committees of the Congress.". (4) Section 122(b)(4) (as redesignated by paragraph (3)(A) of this subsection) is amended—
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 101 STAT. 848

PUBLIC LAW 100-146—OCT. 29, 1987

(A) by striking out "strengthening services for" in subparagraph (A) and inserting in lieu thereof "enhancing the independence, productivity, and integration into the community of; and (B) by striking out "or agencies" each place it appears in subparagraph (C). (5) Section 122(b)(5) (as redesignated by paragraph (3)(A) of this subsection) is amended— (A) by striking out subparagraph (A) and inserting in lieu thereof the following: "(A) The plan must provide for the examination, not less often than once every three years, of the provision, and the need for the provision, in the State of the four Federal priority areas and the State priority area. Such examination shall be made consistent with subparagraph (B)."; (B) by striking out subparagraph (B) and inserting in lieu thereof the following: "(B) The plan must provide for the review and revision, not less often than once every three years, of the comprehensive Statewide plan to ensure the existence of appropriate planning, financial support and coordination, and to otherwise appropriately address, on a Statewide and comprehensive basis, urgent needs in the State for the provision of services for persons with developmental disabilities and the families of such persons. Such review and revision, and examination under subparagraph (A), shall take into account the reviews and analyses conducted, and the report prepared, under subsection (f), and shall, at a minimum, include— "(i) an analysis of such priority areas in relation to limited support or lack of support for persons with developmental disabilities attributable to either physical impairment, men> rf«.* * tal impairment, or a combination of physical and mental impairments; "(ii) an analysis of criteria for eligibility for services, including specialized services and special adaptation of generic services provided by agencies within the State, that may be causing persons with developmental disabilities to be excluded from receiving such services; "(iii) an analysis of services, assistive technology, or knowledge which may be unavailable to assist persons with developmental disabilities; "(iv) an analysis of existing and projected fiscal resources; "(v) an analysis of any other issues identified by the State Planning Council; and "(vi) the formulation of objectives in both policy reform and >- service demonstration to address the issues described in clauses (i) through (v) for all subpopulations of persons with developmental disabilities which may be identified by the State Planning Council."; (C) by striking out subparagraph (C); (D) by redesignating subparagraphs (D), (E) and (F) as subparagraphs (C),(D), and (E), respectively; taTxiaH (E) by striking out "service activities in the priority services" in clause (i) of subparagraph (D) (as redesignated by subparagraph (D) of this paragraph) and inserting in lieu thereof "activities in the Federal priority area of employment activities, i and, at the discretion of the State, activities in any or all of the three other Federal priority areas and a State priority area, the

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