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Page:United States Statutes at Large Volume 98 Part 2.djvu/155

 PUBLIC LAW 98-378—AUG. 16, 1984 (c) The amendments made by this section shall apply with respect to quarters beginning on or after October 1, 1984.

98 STAT. 1315 Effective date. 42 USC 654 note.

CONTINUATION OF SUPPORT ENFORCEMENT FOR AFDC RECIPIENTS WHOSE BENEFITS ARE BEING TERMINATED

SEC. 7. (a) Section 457(c) of the Social Security Act is amended— 42 USC 657. (1) by striking out "may" in the matter preceding paragraph (1) and inserting in lieu thereof "shall"; and (2) by striking out "the net amount o f in paragraph (2), and - by striking out "to the family" and all that follows in such paragraph and inserting in lieu thereof "to the family (without requiring any formal reapplication and without the imposition of any application fee) on the same basis as in the case of other • ' individuals who are not receiving assistance under part A of 42 USC 601. this title,", (b) The amendments made by subsection (a) shall become effective Effective date. October 1, 1984.

42 USC 657 note.

SPECIAL PROJECT GRANTS TO PROMOTE IMPROVEMENTS IN INTERSTATE ENFORCEMENT

SEC. 8. Section 455 of the Social Security Act is amended by adding 42 USC 655. at the end thereof the following new subsection: "(e)(1) In order to encourage and promote the development and use of more effective methods of enforcing support obligations under this part in cases where either the children on whose behalf the support is sought or their absent parents do not reside in the State where such cases are filed, the Secretary is authorized to make grants, in such amounts and on such terms and conditions as the Secretary determines to be appropriate, to States which propose to undertake new or innovative methods of support collection in such cases and which will use the proceeds of such grants to carry out special projects designed to demonstrate and test such methods. "(2) A grant under this subsection shall be made only upon a finding by the Secretary that the project involved is likely to be of significant assistance in carrying out the purpose of this subsection; and with respect to such project the Secretary may waive any of the requirements of this part which would otherwise be applicable, to such extent and for such period as the Secretary determines is necessary or desirable in order to enable the State to carry out the project. "(3) At the time of its application for a grant under this subsection Reports. the State shall submit to the Secretary a statement describing in reasonable detail the project for which the proceeds of the grant are to be used, and the State shall from time to time thereafter submit to the Secretary such reports with respect to the project as the Secretary may specify. "(4) Amounts expended by a State in carrying out a special project assisted under this section shall be considered, for purposes of section 458(b) (as amended by section 5(a) of the Child Support Enforcement Amendments of 1984), to have been expended for the Ante, p. 1312. 42 USC 654. operation of the State's plan approved under section 454. "(5) There is authorized to be appropriated the sum of $7,000,000 Appropriation for fiscal year 1985, $12,000,000 for fiscal year 1986, and $15,000,000 authorization. for each fiscal year thereafter, to be used by the Secretary in making grants under this subsection.".

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text:
Author:T. W. Mather

Articles in Popular Science Monthly

 * 1.

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

title: Author:T. W. Mather


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Page:United States Statutes at Large Volume 98 Part 2.djvu/156

 98 STAT. 1316

PUBLIC LAW 98-378—AUG. 16, 1984 PERIODIC REVIEW OF EFFECTIVENESS OF STATE PROGRAMS; MODIFICATION OF PENALTY

42 USC 652.

Infra. 42 USC 602.

42 USC 603. 42 USC 651. Supra.

S E C 9. (a)(1) Section 452(a)(4) of the Social Security Act is amended by striking out "not less often than annually" and inserting in lieu thereof "not less often than once every three years (or not less often than annually in the case of any State to which a reduction is being applied under section 403(h)(1), or which is operating under a corrective action plan in accordance with section 403(h)(2))". (2) Section 402(a)(27) of such Act is amended by striking out "operate a child support program in conformity with such plan" and inserting in lieu thereof "operates a child support program in substantial compliance with such plan". (b) Section 403(h) of such Act is amended to read as follows: "(h)(1) Notwithstanding any other provision of this Act, if a State's program operated under part D is found as a result of a review conducted under section 452(a)(4) not to have complied substantially with the requirements of such part for any quarter beginning after September 30, 1983, and the Secretary determines that the State's program is not complying substantially with such requirements at the time such finding is made, the amounts otherwise payable to the State under this part for such quarter and each subsequent quarter, prior to the first quarter throughout which the State program is found to be in substantial compliance with such requirements, shall be reduced (subject to paragraph (2)) by— "(A) not less than one nor more than two percent, or "(B) not less than two nor more than three percent, if the finding is the second consecutive such finding made as a result of such a review, or "(C) not less than three nor more than five percent, if the finding is the third or a subsequent consecutive such finding made as a result of such a review. "(2)(A) The reductions required under paragraph (1) shall be suspended for any quarter if^ "(i) the State submits a corrective action plan, within a period prescribed by the Secretary following notice of the finding under paragraph (1), which contains steps necessary to achieve substantial compliance within a time period which the Secretary finds to be appropriate; "(ii) the Secretary approves such corrective action plan (and any amendments thereto) as being sufficient to achieve substantial compliance; and "(iii) the Secretary finds that the corrective action plan (and any amendment thereto approved by the Secretary under clause (ii)), is being fully implemented by the State and that the State is progressing in accordance with the timetable contained in the plan to achieve substantial compliance with such requirements. "(B) A suspension of the penalty under subparagraph (A) shall continue until such time as the Secretary determines that— "(i) the State has achieved substantial compliance, "(ii) the State is no longer implementing its corrective action plan, or "(iii) the State is implementing or has implemented its corrective action plan but has failed to achieve substantial compliance within the appropriate time period (as specified in subparagraph (A)(i)).

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Page:United States Statutes at Large Volume 98 Part 2.djvu/157

 PUBLIC LAW 98-378—AUG. 16, 1984

98 STAT. 1317

"(C)(i) In the case of a State whose penalty suspension ends pursuant to subparagraph (B)(i), the penalty shall not be applied. "(ii) In the case of a State whose penalty suspension ends pursuant to subparagraph (B)(ii), the penalty shall be applied as if the suspension had not occurred. "(iii) In the case of a State whose penalty suspension ends pursuant to subparagraph (B)(iii), the penalty shall be applied to all quarters ending after the expiration of the time period specified in such subparagraph (and prior to the first quarter throughout which the State program is found to be in substantial compliance). "(3) For purposes of this subsection, section 402(a)(27), and section 452(a)(4), a State which is not in full compliance with the requirements of this part shall be determined to be in substantial compliance with such requirements only if the Secretary determines that any noncompliance with such requirements is of a technical nature which does not adversely affect the performance of the child support enforcement program.". (c) The amendments made by this section shall be effective on and after October 1, 1983. i

Ante, p. 1316. Ante, p. 1316.

Effective date. 42 USC 602 note.

EXTENSION OF SECTION 1115 DEMONSTRATION AUTHORITY TO CHILD SUPPORT ENFORCEMENT PROGRAM

,. S E C 10. (a) Section 1115(a) of the Social Security Act is amended— 42 USC 1315. (1) by striking out "part A" in the matter preceding paragraph (1) and inserting in lieu thereof "part A or D"; (2) by striking out "402," in paragraph (1) and inserting in lieu thereof "402, 454,"; and (3) by striking out "403," in paragraph (2) and inserting in lieu thereof "403, 455,". (b) Section 1115 of such Act is further amended by adding at the 42 USC 1315. end thereof the following new subsection: "(c) In the case of any experimental, pilot, or demonstration project undertaken under subsection (a) to assist in promoting the objectives of part D of title IV, the project— 42 USC 651. "(1) must be designed to improve the financial well-being of children or otherwise improve the operation of the child support program; "(2) may not permit modifications in the child support program which would have the effect of disadvantaging children in need of support; and "(3) must not result in increased cost to the Federal Government under the program of aid to families with dependent children.". CHILD SUPPORT ENFORCEMENT FOR CERTAIN CHILDREN IN FOSTER CARE

S E C 11. (a)(1) Section 457 of the Social Security Act is amended by 42 USC 657. adding at the end thereof the following new subsection: "(d) Notwithstanding the preceding provisions of this section, amounts collected by a State as child support for months in any period on behalf of a child for whom a public agency is making foster care maintenance payments under part E— 42 USC 670. "(1) shall be retained by the State to the extent necessary to reimburse it for the foster care maintenance payments made with respect to the child during such period (with appropriate

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Page:United States Statutes at Large Volume 98 Part 2.djvu/158

 98 STAT. 1318

PUBLIC LAW 98-378—AUG. 16, 1984

reimbursement of the Federal Government to the extent of its participation in the financing); "(2) shall be paid to the public agency responsible for supervising the placement of the child to the extent that the amounts collected exceed the foster care maintenance payments made with respect to the child during such period but not the amounts required by a court or administrative order to be paid as support on behalf of the child during such period; and the responsible agency may use the payments in the manner it determines will serve the best interests of the child, including setting such payments aside for the child's future needs or making all or a part thereof available to the person responsible for meeting the child's day-to-day needs; and "(3) shall be retained by the State, if any portion of the amounts collected remains after making the payments required under paragraphs (1) and (2), to the extent that such portion is necessary to reimburse the State (with appropriate reimbursement to the Federal Government to the extent of its participation in the financing) for any past foster care maintenance payments (or payments of aid to families with dependent children) which were made with respect to the child (and with respect to which past collections have not previously been retained); and any balance shall be paid to the State agency responsible for supervising the placement of the child, for use by such agency in accordance with paragraph (2).". Ante, p. 1145. (2) Section 457(b) of such Act is amended by inserting "(subject to 42 USC 657. subsection (d))" after "shall" in the matter preceding paragraph (1). (b) Part D of title IV of such Act is further amended— Post, p. 1319. (1) in section 454(4)(B), by inserting "including an assignment with respect to a child on whose behalf a State agency is making 42 USC 670. foster care maintenance payments under part E," immediately after "such assignment is effective,", and by inserting "or E" immediately after "part A"; and Ante, p. 1167. (2) in section 456(a), by inserting "or secured on behalf of a 42 USC 656. child receiving foster care maintenance pa5nnents" immediately after "section 402(a)(26)". 42 USC 671. (c) Section 471(a) of such Act is amended— (1) by striking out "and" at the end of paragraph (15); (2) by striking out the period at the end of paragraph (16) and inserting in lieu thereof "; and"; and (3) by adding at the end thereof the following new paragraph: "(17) provides that, where appropriate, all steps will be taken, including cooperative efforts with the State agencies adminis42 USC 601, 651. tering the plans approved under parts A and D, to secure an assignment to the State of any rights to support on behalf of each child receiving foster care maintenance payments under this part.". Post, p. 1322. (d) Section 464(a) of such Act is amended— (1) by inserting "or section 471(a)(17)" after "402(a)(26)"; and (2) by striking out "457(b)(3)" and inserting in lieu thereof "457 (b)(4) or (d)(3)". Effective date. (e) The amendments made by this section shall become effective 42 USC 654 note. October 1, 1984, and shall apply to collections made on or after that date.

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Page:United States Statutes at Large Volume 98 Part 2.djvu/159

 PUBLIC LAW 98-378—AUG. 16, 1984

98 STAT. 1319

ENFORCEMENT WITH RESPECT TO BOTH CHILD AND SPOUSAL SUPPORT

SEC. 12. (a) Section 454(4)(B) of the Social Security Act is 42 USC 654. amended— (1) by striking out "and, at the option of the State," and inserting in Heu thereof ", and"; and (2) by inserting ", and only if the support obligation established with respect to the child is being enforced under the plan" immediately after "but only if a support obligation has been established with respect to such spouse". .., i r (b) Clause (A) of section 454(6) of such Act is amended— (1) by striking out ", at the option of the State,"; and (2) by inserting ", and only if the support obligation established with respect to the child is being enforced under the plan" immediately after "but only if a support obligation has been established with respect to such spouse". (c) The amendments made by this section shall become effective Effective date. October 1, 1985.

42 USC 654 note.

MODIFICATIONS IN CONTENT OF ANNUAL REPORT OF THE SECRETARY

SEC. 13. (a) Section 452(a)(10)(C) of the Social Security Act is amended to read as follows: "(C) the following data, with the data required under each clause being separately stated for cases where the child is receiving aid to families with dependent children (or foster care maintenance payments under part E), cases where the child was formerly receiving such aid or payments and the State is continuing to collect support assigned to it under section 402(a)(26) or 471(a)(17), and all other cases under this part: "(i) the total number of cases in which a support obligation has been established in the fiscal year for which the report is submitted, and the total amount of such obligations; "(ii) the total number of cases in which a support obligation has been established, and the total amount of such obligations; "(iii) the number of cases described in clause (i) in which support was collected during such fiscal year, and the total amount of such collections; "(iv) the number of cases described in clause (ii) in which support was collected during such fiscal year, and the total amount of such collections; and "(v) the number of child support cases filed in each State in such fiscal year, and the amount of the collections made in each State in such fiscal year, on behalf of children residing in another State or against parents residing in another State;", (b) Section 452(a)(10) of such Act is further amended— (1) by striking out "and" at the end of subparagraph (G); (2) by striking out the period at the end of subparagraph (H) and inserting in lieu thereof "; and"; and (3) by inserting immediately after subparagraph (H) the following new subparagraph:

42 USC 652.

42 USC 602. ^"^^' P- i^^^-

42 USC 652. '

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Page:United States Statutes at Large Volume 98 Part 2.djvu/160

 98 STAT. 1320

Effective date. 42 USC 652 note.

PUBLIC LAW 98-378—AUG. 16, 1984

"(I) the amount of administrative costs which are expended in each functional category of expenditures, including establishment of paternity.". (c) The amendments made by this section shall be effective for reports for fiscal year 1986 and each fiscal year thereafter. REQUIREMENT THAT AVAILABILITY OF CHILD SUPPORT ENFORCEMENT SERVICES BE PUBLICIZED

Ante, p. 1314.

Effective date. 42 USC 654 note.

SEC. 14. (a) Section 454 of the Social Security Act (as amended by the preceding provisions of this Act) is further amended— (1) by striking out "and" at the end of paragraph (21); (2) by striking out the period at the end of paragraph (22) and inserting in lieu thereof "; and"; and (3) by inserting immediately after paragraph (22) the following new paragraph: "(23) provide that the State will regularly and frequently publicize, through public service announcements, the availability of child support enforcement services under the plan and otherwise, including information as to any application fees for such services and a telephone number or postal address at which further information may be obtained.". (b) The amendments made by subsection (a) shall become effective October 1, 1985. STATE COMMISSIONS ON CHILD SUPPORT

42 USC 654 note. 42 USC 601, 651.

Report. Public availability.

SEC. 15. (a) As a condition of the State's eligibility for Federal payments under part A or D of title IV of the Social Security Act for quarters beginning more than 30 days after the date of the enactment of this Act and ending prior to October 1, 1985, the Governor of each State, on or before December 1, 1984, shall (subject to subsection (f)) appoint a State Commission on Child Support. 03) Each State Commission appointed under subsection (a) shall be composed of members appropriately representing all aspects of the child support system, including custodial and non-custodial parents, the agency or organizational unit administering the State's plan under part D of such title IV, the State judiciary, the executive and legislative branches of the State government, child welfare and social services agencies, and others. (c) It shall be the function of each State Commission to examine, investigate, and study the operation of the State's child support system for the primary purpose of determining the extent to which such system has been successful in securing support and parental involvement both for children who are eligible for aid under a State plan approved under part A of title IV of such Act and for children who are not eligible for such aid, giving particular attention to such specific problems (among others) as visitation, the establishment of appropriate objective standards for support, the enforcement of interstate obligations, the availability, cost, and effectiveness of services both to children who are eligible for such aid and to children who are not, and the need for additional State or Federal legislation to obtain support for all children. (d) Each State Commission shall submit to the Governor of the State and make available to the public, no later than October 1, 1985, a full and complete report of its findings and recommendations resulting from the examination, investigation, and study under this

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Page:United States Statutes at Large Volume 98 Part 2.djvu/161

 PUBLIC LAW 98-378—AUG. 16, 1984

98 STAT. 1321

section. The Governor shall transmit such report to the Secretary of Health and Human Services along with the Governor's comments thereon. (e) None of the costs incurred in the establishment and operation of a State Commission under this section, or incurred by such a Commission in carrying out its functions under subsections (c) and (d), shall be considered as expenditures qualifying for Federal payments under part A or D of title IV of the Social Security Act or be 42 USC 601, 651. otherwise payable or reimbursable by the United States or any agency thereof. (f) If the Secretary determines, at the request of any State on the basis of information submitted by the State and such other information as may be available to the Secretary, that such State— (1) has placed in effect and is implementing objective standards for the determination and enforcement of child support obligations, (2) has established within the five years prior to the enact- Ante, p. 1305. ment of this Act a commission or council with substantially the same functions as the State Commissions provided for under this section, or (3) is making satisfactory progress toward fully effective child support enforcement and will continue to do so, then such State shall not be required to establish a State Commission under this section and the preceding provisions of this section shall not apply. INCLUSION OF MEDICAL SUPPORT IN CHILD SUPPORT ORDERS

SEC. 16. Section 452 of the Social Security Act is amended by 42 USC 652. adding at the end thereof the following new subsection: "(f) The Secretary shall issue regulations to require that State Regulations. agencies administering the child support enforcement program under this part petition for the inclusion of medical support as part of any child support order whenever health care coverage is available to the absent parent at a reasonable cost. Such regulation shall also provide for improved information exchange between such State agencies and the State agencies administering the State medicaid programs under title XIX with respect to the availability of health 42 USC 1396. insurance coverage.". I N C R E A S E D AVAILABILITY OF FEDERAL PARENT LOCATOR SERVICE TO STATE AGENCIES

SEC. 17. Section 453(f) of the Social Security Act is amended by 42 USC 653. striking out ", after determining that the absent parent cannot be located through the procedures under the control of such State agencies,". STATE GUIDELINES FOR CHILD SUPPORT AWARDS

SEC. 18. (a) Part D of title IV of the Social Security Act (as amended by section 3(b) of this Act) is further amended by adding at the end thereof the following new section:

Ante, p. 1306.

STATE GUIDELINES FOR CHILD SUPPORT AWARDS

"SEC. 467. (a) Each State, as a condition for having its State plan 42 USC 667. approved under this part, must establish guidelines for child support

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Page:United States Statutes at Large Volume 98 Part 2.djvu/162

 98 STAT. 1322

Effective date. 42 USC 667 note.

PUBLIC LAW 98-378—AUG. 16, 1984

award amounts within the State. The guidelines may be established by law or by judicial or administrative action. "(b) The guidelines established pursuant to subsection (a) shall be made available to all judges and other officials who have the power to determine child support awards within such State, but need not be binding upon such judges or other officials. "(c) The Secretary shall furnish technical assistance to the States for establishing the guidelines, and each State shall furnish the Secretary with copies of its guidelines.". (b) The amendment made by subsection (a) shall become effective on October 1, 1987. AVAILABILITY OF SOCIAL SECURITY NUMBERS FOR CHILD SUPPORT ENFORCEMENT PURPOSES

42 USC 653.

26 USC 6103.

Ante, p. 820.

SEC. 19. (a) Section 453(b) of the Social Security Act is amended by inserting "the social security account number (or numbers, if the individual involved has more than one such number) and" before LIIG mos^ rGCGut S-ddrGSS (b)(1) Section 6103(l)(6)(A)(i) of the Internal Revenue Code of 1954 is amended by inserting "social security account number (or numbers, if the individual involved has more than one such number)," before "address". (2) Section 6103(1)(8)(A) of such Code is amended by inserting "social security account numbers," before "net earnings". EXTENSION OF ELIGIBILITY UNDER TITLE XIX WHEN SUPPORT COLLECTION RESULTS IN TERMINATION OF AFDC ELIGIBILITY

42 USC 606.

42 USC 651.

42 USC 1396.

Effective date. 42 USC 606 note. Supra. Ante, p. 1104. 42 USC 1396a.

SEC. 20. (a) Section 406 of the Social Security Act is amended by adding at the end thereof the following new subsection: "(h) Each dependent child, and each relative with whom such a child is living (including the spouse of such relative as described in subsection (b)), who becomes ineligible for aid to families with dependent children as a result (wholly or partly) of the collection or increased collection of child or spousal support under part D, and who has received such aid in at least three of the six months immediately preceding the month in which such ineligibility begins, shall be deemed to be a recipient of aid to families with dependent children for purposes of title XIX for an additional four calendar months beginning with the month in which such ineligibility begins.". (b) The amendment made by subsection (a) shall apply only with respect to individuals becoming ineligible for aid to families with dependent children (as described in section 406(h) of the Social Security Act as added by such subsection) on or after the date of the enactment of this Act and before October 1, 1988. (c) Section 1902(a)(10)(A)(i)(I) of such Act is amended by inserting "or 406(h)" after "402(a)(37)". COLLECTION OF P A S T - D U E S U P P O R T FROM FEDERAL TAX REFUNDS

42 USC 664.

SEC. 21. (a) Section 464(a) of the Social Security Act (as amended by section 12(d) of this Act) is further amended by inserting "(1)" after "SEC. 464. (a)" and by adding at the end thereof the following new paragraphs:

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Page:United States Statutes at Large Volume 98 Part 2.djvu/163

 PUBLIC LAW 98-378—AUG. 16, 1984

98 STAT. 1323

"(2)(A) Upon receiving notice from a State agency administering a plan approved under this part that a named individual owes pastdue support (as that term is defined for purposes of this paragraph under subsection (c)) which such State has agreed to collect under section 454(6), and that the State agency has sent notice to such individual in accordance with paragraph (3)(A), the Secretary of the Treasury shall determine whether any amounts, as refunds of Federal taxes paid, are payable to such individual (regardless of whether such individual filed a tax return as a married or unmarried individual). If the Secretary of the Treasury finds that any such amount is payable, he shall withhold from such refunds an amount equal to such past-due support, and shall concurrently send notice to such individual that the withholding has been made, including in or with such notice a notification to any other person who may have filed a joint return with such individual of the steps which such other person may take in order to secure his or her proper share of the refund. The Secretary of the Treasury shall pay the amount withheld to the State agency, and the State shall pay to the Secretary of the Treasury any fee imposed by the Secretary of the Treasury to cover the costs of the withholding and any required notification. The State agency shall, subject to paragraph (3)(B), distribute such amount to or on behalf of the child to whom the support was owed. "(B) This paragraph shall apply only with respect to refunds payable under section 6402 of the Internal Revenue Code of 1954 after December 31, 1985, and before January 1, 1991. "(3)(A) Prior to notifying the Secretary of the Treasury under paragraph (1) or (2) that an individual owes past-due support, the State shall send notice to such individual that a withholding will be made from any refund otherwise payable to such individual. The notice shall also (i) instruct the individual owing the past-due support of the steps which may be taken to contest the State's determination that past-due support is owed or the amount of the past-due support, and (ii) provide information, as may be prescribed by the Secretary of Health and Human Services by regulation in consultation with the Secretary of the Treasury, with respect to procedures to be followed, in the case of a joint return, to protect the share of the refund which may be payable to another person. "(B) If the Secretary of the Treasury determines that an amount should be withheld under paragraph (1) or (2), and that the refund from which it should be withheld is based upon a joint return, the Secretary of the Treasury shall notify the State that the withholding is being made from a refund based upon a joint return, and shall furnish to the State the names and addresses of each taxpayer filing such joint return. In the case of a withholding under paragraph (2), the State may delay distribution of the amount withheld until the State has been notified by the Secretary of the Treasury that the other person filing the joint return has received his or her proper share of the refund, but such delay may not exceed six months. "(C) If the other person filing the joint return with the named individual owing the past-due support takes appropriate action to secure his or her proper share of a refund from which a withholding was made under paragraph (1) or (2), the Secretary of the Treasury shall pay such share to such other person. The Secretary of the Treasury shall deduct the amount of such payment from amounts subsequently payable to the State agency to which the amount originally withheld from such refund was paid.

Ante, p. 1310, i^^^' P"

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Effective date. Ante, p. 1154.

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Page:United States Statutes at Large Volume 98 Part 2.djvu/164

 98 STAT. 1324

Ante, p. 1322.

42 USC 664.

Ante, p. 1322.

42 USC 664.

Ante, p. 1322. Ante, p. 1307.

PUBLIC LAW 98-378—AUG. 16, 1984

"(D) In any case in which an amount was withheld under paragraph (1) or (2) and paid to a State, and the State subsequently determines that the amount certified as past-due support was in excess of the amount actually owed at the time the amount withheld is to be distributed to or on behalf of the child, the State shall pay the excess amount withheld to the named individual thought to have owed the past-due support (or, in the case of amounts withheld on the basis of a joint return, jointly to the parties filing such return).". (b)(1) Section 464(a)(1) of such Act (as redesignated by subsection (a) of this section) is amended by striking out "and pay" in the second sentence and inserting in lieu thereof the following: "shall concurrently send notice to such individual that the withholding has been made (including in or with such notice a notification to any other person who may have filed a joint return with such individual of the steps which such other person may take in order to secure his or her proper share of the refund), and shall pay". (2) Section 464(b) of such Act is amended— (A) by inserting "(1)" after "(b)"; (B) by striking out "The regulations shall specify" in the second sentence and inserting in lieu thereof "The regulations shall be consistent with the provisions of subsection (a)(3), shall specify"; (C) by striking out "and provide" and inserting in lieu thereof "and shall provide"; (D) by adding at the end of paragraph (1) as so redesignated the following: "Any fee paid to the Secretary of the Treasury pursuant to this subsection may be used to reimburse appropriations which bore all or part of the cost of applying such procedure."; and (E) by adding at the end thereof the following new paragraph: "(2) In the case of withholdings made under subsection (a)(2), the regulations promulgated pursuant to this subsection shall include the following requirements: "(A) The withholding shall apply only in the case where the State determines that the amount of the past-due support which will be owed at the time the withholding is to be made, based upon the pattern of payment of support and other enforcement actions being pursued to collect the past-due support, is equal to or greater than $500. The State may limit the $500 threshhold amount to amounts of past-due support accrued since the time that the State first began to enforce the child support order involved under the State plan, and may limit the application of the withholding to past-due support accrued since such time. "(B) The fee which the Secretary of the Treasury may impose to cover the costs of the withholding and notification may not exceed $25 per case submitted.". (c) Section 464(c) of such Act is amended— (1) by striking out "(c) As used in this part" and inserting in lieu thereof "(c)(1) Except as provided in paragraph (2), as used in this part"; and (2) by adding at the end thereof the following new paragraph: "(2) For purposes of subsection (a)(2), the term 'past-due support' means only past-due support owed to or on behalf of a minor child.". (d) Section 454(6) of the Social Security Act (as amended by section 3(c) of this Act) is further amended— (1) by redesignating clause (C) as clause (D);

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Page:United States Statutes at Large Volume 98 Part 2.djvu/165

 PUBLIC LAW 98-378—AUG. 16, 1984

98 STAT. 1325

(2) by striking out "fee so imposed" in clause (D) as so redesignated and inserting in lieu thereof "fees so imposed"; and (3) by striking out ", and" at the end of clause (B) and inserting in lieu thereof ", (C) a fee of not more than $25 may be imposed in any case where the State requests the Secretary of the Treasury to withhold past-due support owed to or on behalf of such individual from a tax refund pursuant to section 464(a)(2), and". (e)(1) Section 6402(c) of the Internal Revenue Code of 1954 is amended— (A) by striking out "to which such support has been assigned" and inserting in lieu thereof "collecting such support"; and (B) by inserting before the last sentence thereof the following: "A reduction under this subsection shall be applied first to satisfy any past-due support which has been assigned to the State under section 402(a)(26) or 471(a)(17) of the Social Security Act, and shall be applied to satisfy any other psist-due support after any other reductions allowed by law (but before a credit against future liability for an internal revenue tax) have been made.". (2) Section 6402 of such Code (as amended by section 2653 of the Deficit Reduction Act of 1984) is further amended by redesignating subsection (g) as subsection (h), and by inserting after subsection (f) the following new subsection: "(g) TREATMENT OF PAYMENTS TO STATES.—The Secretary

Ante, p. 1322. 26 USC 6402.

42 USC 602. Ante, p. 1318. Ante, p. 1154.

may

provide that, for purposes of determining interest, the payment of any amount withheld under subsection (c) to a State shall be treated as a payment to the person or persons making the overpayment.". (fKl) Section 6103(1) of such Code (as so amended) is further Ante, p. 1155 amended by adding at the end thereof the following new paragraph: "(11) DISCLOSURE OF CERTAIN INFORMATION TO AGENCIES RE- Supra. QUESTING A REDUCTION UNDER SECTION 6402(c).— "(A) RETURN INFORMATION FROM INTERNAL REVENUE

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t

- i 1 ^

SERVICE.—The Secretary shall, upon receiving a written request, disclose to officers and employees of a State agency seeking a reduction under section 6402(c)— "(i) the fact that a reduction has been made or has not been made under such subsection with respect to any taxpayer; "(ii) the amount of such reduction; "(iii) whether such taxpayer filed a joint return; "(iv) taxpayer identity information with respect to the taxpayer against whom a reduction was made or not made and of any other person filing a joint return with such taxpayer; and "(v) the fact that a payment was made (and the amount of the payment) on the basis of a joint return in accordance with section 464(a)(3) of the Social Security Ante, p. 1322. Act. "(B) RESTRICTION ON USE OF DISCLOSED INFORMATION.—

Any officers and employees of an agency receiving return information under subparagraph (A) shall use such information only for the purposes of, and to the extent necessary in, establishing appropriate agency records or in the defense of any litigation or administrative procedure ensuing from a reduction made under section 6402(c).". Supra.

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text:
Page:United States Statutes at Large Volume 98 Part 2.djvu/166

 98 STAT. 1326 Ante, p. 1155.

Ante, p. 1155.

Ante, p. 1156.

Ante, p. 1156.

Effective date. 26 USC 6103 note. Ante, p. 1325.

PUBLIC LAW 98-378—AUG. 16, 1984

(2) Section 6103(p)(3)(A) of such Code (as so amended) is further amended by striking out "or (10)" and inserting in lieu thereof "(10), or (11)". (3) Section 6103(p)(4) of such Code (as so amended) is further amended by striking out "or (10)" and inserting in lieu thereof "(10), or (11)". (4) Section 6103(p)(4)(F)(ii) of such Code (as so amended) is further amended by striking out "or (10)" and inserting in lieu thereof "(10), or (11)". (5) Section 7213(a)(2) of such Code (as so amended) is further amended by striking out "or (10)" and inserting in lieu thereof "(10), or (11)". (g) The amendments made by this section shall apply with respect to refunds payable under section 6402 of the Internal Revenue Code of 1954 after December 31, 1985. WISCONSIN CHILD SUPPORT INITIATIVE

Waiver. 42 USC 602 note. 42 USC 601, 651.

42 USC 607. 42 USC 606.

Public availability. 42 USC 601, 651.

Medical assistance eligibility. 42 USC 1396.

42 USC 601.

Reports.

Audit. Public availability.

SEC. 22. (a)(1) If the State of Wisconsin requests the Secretary of Health and Human Services to waive the requirements of parts A and D of title IV of the Social Security Act, or to waive the requirements of part D and only those requirements of part A of such Act as relate to the provision of aid to dependent children as defined (without regard to section 407) in section 406(a) of the Social Security Act (hereafter referred to in this section as "dependent children in single-parent families"), in order to permit the State to make an adequate test in any county or counties, or throughout the State, of its Child Support Initiative, the Secretary shall waive such requirements if— (A) the State provides a complete description, in accordance with paragraph (2), of the program, known as the Initiative, which it will operate in place of the programs under such parts A and D, and makes the description readily available to the public throughout the State; (B) the Governor provides assurances that, under the Initiative, assistance will be provided to all children in need of financial support, and the State will continue to operate an effective child support enforcement program; (C) the State agrees that, during the conduct of such test, it will continue to determine eligibility for medical assistance under the State plan approved under title XIX of the Social Security Act, applying the criteria (insofar as may be applicable to members of families with dependent children affected by the Initiative) in effect under its State plan approved under part A of title IV for the month preceding the month in which the Initiative (approved under this section) becomes effective, except that such criteria shall be deemed to have been changed to the extent necessary to comply with generally applicable changes in Federal law or regulations occurring after the date of the enactment of this Act; (D) the State specifies measurable performance objectives, submits an evaluation plan (including criteria for evaluating the Initiative), and agrees to submit interim and final evaluations and reports, at such time or times and containing such information, as the Secretary may require; and (E) the State agrees to obtain, at least once every two years, a financial and compliance audit of the funds received under this

�


text:
Author:Robert Mathews

Articles in Popular Science Monthly

 * 1.

title: Author:Robert Mathews


text:
Page:United States Statutes at Large Volume 98 Part 2.djvu/167

 PUBLIC LAW 98-378—AUG. 16, 1984

98 STAT. 1327

section and to obtain, after the close of the operation of the Initiative under this section, such an audit and make it public within the State on a timely basis and provide a copy to the Secretary within 80 days after its completion. (2) The program description provided under paragraph (I)(A) shall describe in detail how the proposed Initiative will affect children and families, with specific reference to the principles for calculating benefits and establishing and enforcing child support obligations. The description shall also include estimates of cost and program effects and provide other relevant information necessary for the Secretary to determine whether the financial well-being of children and their families will be adversely affected by the operation of the Initiative. (b) The Child Support Initiative proposed by the State of Wisconsin as detailed in the program description submitted to the Secretary, and the related requested waivers, shall become effective within 120 days after its submission unless the Secretary determines that the financial well-being of children in the State will be adversely affected by the Initiative. The Secretary shall notify the State in writing that, effective with the beginning of the following quarter (or of such later quarter as the State may select), the State may operate its Child Support Initiative instead of its programs of aid to families with dependent children (or, if the State had so requested, instead of its program of aid to dependent children in single-parent families) and child support enforcement in such county or counties, or on a statewide basis, as the State has indicated in its request. Except as specifically provided in subsection (c), no amount will be payable for any quarter under section 403(a) (or under section 403(a) with respect to single-parent families, if the State had so requested), 455(a), or 458 of the Social Security Act with respect to such county or counties in which the Initiative is in effect. (c)(1) For each quarter during which such program is in effect throughout the State, the Secretary will pay to the State the sum of its proportionate share (as defined in paragraph (4)(A)) of each of the following: (A) the amount advanced by the Secretary to all the other States (as defined in section 1101(a) of the Social Security Act) for such quarter with respect to section 403(a)(1) and (2) of such Act; (B) the amount so advanced by the Secretary with respect to section 403(a)(3) of such Act; (C) the amount so advanced by the Secretary with respect to ' section 455(a) of such Act; and (D) the amount so advanced by the Secretary with respect to section 458(a) of such Act, reduced by so much of its proportionate share of support collections on behalf of individuals receiving aid to families with dependent children (as defined in paragraph (4)(B)) as would have been credited to the Federal Government under section 457(b) of such Act had such collections been made in the last quarter of fiscal year 1986. (2) If in any quarter the Initiative approved under this section is in operation in fewer than all the counties in the State, the amount paid to the State with respect to the counties to which the waiver under subsection (a) applies shall equal (in lieu of the amount specified in paragraph (1)) the proportionate share with respect to the counties in which the Initiative is operated (as defined in paragraph (5)(A)) of the amount advanced to the State under the

Effective date.

42 USC 603. Ante, pp. 1311, 1312.

42 USC I30i. 42 USC 603.

Ante, p. I3ii. Ante, p. 1312.

Ante, p. 1318.

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Page:United States Statutes at Large Volume 98 Part 2.djvu/168

 98 STAT. 1328

PUBLIC LAW 98-378—AUG. 16, 1984

four authorities specified in paragraph (1) with respect to all the other counties for such quarter, reduced by so much of the proportionate share of support collections (as defined in paragraph (5)(B)) with respect to the counties in which the Initiative is operated, as would have been credited to the Federal Government under section Ante, p. 1318. 457(b) of such Act had such collections been made in the last quarter of fiscal year 1986. (3) Payment under this subsection shall be estimated by the Secretary before the beginning of each quarter during which the Initiative is in effect on the basis of the advances made under parts 42 USC 601, 651. A and D of title IV of the Social Security Act for such quarter, and the Secretary shall make payments for such quarter on a monthly basis (with each payment made no later than the beginning of the month involved), in the amounts so estimated, and adjusted as necessary to reflect the amount of any previously made overpayment or underpayment under this section. Payment of any amount determined with respect to paragraphs (1)(A) and (1)(B) shall be made from amounts appropriated to carry out part A of title IV of the Social Security Act for the appropriate fiscal year; payment of any amount determined with respect to paragraphs (1)(C) and (1)(D) shall be made from amounts appropriated to carry out part D of title IV of the Social Security Act. (4)(A) The State's proportionate share of each amount enumerated in paragraph (1) shall be the portion of such amount that bears the same ratio to such amount as the corresponding portion advanced to the State for quarters in fiscal years 1984 through 1986 bears to the total corresponding amount advanced to all the other States for such quarters. (B) The State's proportionate share of support collections means the amount that bears the same ratio to such collections on behalf of individuals receiving aid to families with dependent children by all the other States for the quarter involved as such collections by the State for quarters in fiscal years 1984 through 1986 bear to the total of such collections by all the other States for such quarters. (5)(A) The proportionate share with respect to the counties in which the Initiative is operated, in the case of— (i) the amount advanced to the State with respect to all other 42 USC 603. counties under section 403(a)(1) of the Social Security Act; (ii) the amount so advanced under section 403(a)(3) of such Act; Ante, p. 1311. (iii) the amount so advanced under section 455(a) of such Act; and (iv) the amount so advanced with respect to section 458(a) of Ante, p. 1312.

SUCh Act,

is the sum of such amounts, each having been multiplied by the ratio of (I) the corresponding amount advanced with respect to such counties for all quarters in fiscal years 1984 through 1986 to (II) the corresponding amount advanced with respect to all the other counties in the State for all such quarters. (B) The proportionate share of support collections for any quarter, with respect to the counties in which the Initiative is operated, means the amount that bears the same ratio to such collections on behalf of individuals receiving aid to families with dependent children with respect to all the other counties in the State for such quarter as such collections by such counties for quarters in fiscal years 1984 through 1986 bear to the total of such collections by all the other counties in the State for such quarters.

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Page:United States Statutes at Large Volume 98 Part 2.djvu/169

 PUBLIC LAW 98-378—AUG. 16, 1984

98 STAT. 1329

(6) If the State requests, under subsection (a), waiver of only those requirements under part A of title IV of the Social Security Act as relate to the provision of aid to dependent children in single-parent families, and continues to operate its program of aid to families with dependent children deprived by reason of the unemployment of a parent— (A) the State's proportionate share of the amount specified in paragraph (I)(A) (and only that amount) shall be computed under paragraph (4) by application of the ratio of (i) the amount advanced to the State, under section 403(a)(l) of the Social Security Act for quarters in fiscal years 1984 through 1986 with respect to expenditures in the form of aid to dependent children in single-parent families, to (ii) the amount advanced to all the other States, under section 403(a)(1) and (2) of such Act with respect to such expenditures, rather than by application of the ratio specified in paragraph (4); and (B) part A of title IV of such Act shall continue to apply to the State's program of aid to families with dependent children deprived by reason of the unemplo3ment of a parent; except that section 403(a)(3) shall not apply during the period that, or in the part or parts of the State where, the Initiative is in effect, (d)(1) The State may cease to conduct the Initiative under this section and (if it so chooses) return to the administration of its plans approved under part A and part D of title IV of the Social Security Act upon the provision to the Secretary of at least 3 months advance notice (or such greater advance notice as may be necessary so that administration of such plans will resume at the beginning of a quarter in the fiscal year). (2) The Secretary may terminate approval of the Initiative upon the giving of at least 3 months advance, notice (or such greater advance notice as may be necessary as specified in paragraph (1)) to the State if it is determined that the financial well-being of children in the State (or county or counties involved) would be better achieved by the operation of programs under part A and part D of title IV of the Social Security Act. (e) This section shall be in effect for quarters beginning after September 30, 1986, and ending before October 1, 1994. SENSE OF THE CONGRESS THAT STATE AND LOCAL GOVERNMENTS SHOULD FOCUS ON THE PROBLEMS OF CHILD CUSTODY, CHILD SUPPORT, AND RELATED DOMESTIC ISSUES

SEC. 23. (a) The Congress finds that— (1) the divorce rate in the United States has reached alarming proportions and the number of children being raised in single parent families has grown accordingly; (2) there is a critical lack of child support enforcement, which Congress has undertaken to address through the child support enforcement program; (3) Congress is strengthening that program to recognize the needs of all children; (4) related domestic issues, such as visitation rights and child custody, are often intricately intertwined with the child support problem and have received inadequate consideration; and (5) these related issues remain within the jurisdiction of State and local governments, but have a critical impact on the health and welfare of the children of the Nation.

42 USC 60i.

42 USC 603.

42 USC 601. 42 USC 603.

42 USC 60i, 651.

Effective date.

�


text: Author:Édouard Maurel

title: Author:Édouard Maurel


text:
Page:United States Statutes at Large Volume 98 Part 2.djvu/170

 98 STAT. 1330

PUBLIC LAW 98-878—AUG. 16, 1984 (b) It is the sense of Congress that— (1) State and local governments must focus on the vital issues of child support, child custody, visitation rights, and other related domestic issues that are properly within the jurisdictions of such governments; (2) all individuals involved in the domestic relations process should recognize the seriousness of these matters to the health and welfare of our Nation's children and assign them the highest priority; and (3) a mutual recognition of the needs of all parties involved in divorce actions will greatly enhance the health and welfare of America's children and families. Approved August 16, 1984.

LEGISLATIVE HISTORY—H.R. 4325: HOUSE REPORTS: No. 98-527 (Comm. on Ways and Means) and No. 98-925 (Comm. of Conference). SENATE REPORT No. 98-387 (Comm. on Finance). CONGRESSIONAL RECORD: Vol. 129 (1983): Nov. 16, considered and passed House. Vol. 130 (1984): Apr. 25, considered and passed Senate, amended. Aug. 1, Senate agreed to conference report. Aug. 8, House agreed to conference report. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 20, No. 33 (1984): Aug. 16, 1984, Presidential statement.

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Page:United States Statutes at Large Volume 98 Part 2.djvu/171

 PUBLIC LAW98-379—AUG.16, 1984

98 STAT. 1331

Public Law 98-379 98th Congress An Act To authorize the Secretary of Defense to provide assistance to certain Indian tribes for expenses incurred for community impact planning activities relating to the planned deployment of the MX missile system in Nevada and Utah in the same manner that State and local governments were provided assistance for such expenses.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That the Secretary of Defense may provide community impact planning assistance to assist Indian tribes located near sites which on October 10, 1980, were considered to be potential sites for the MX missile system. Such assistance shall be provided for the same purposes and in accordance with the same program under which the Secretary provided community planning assistance under section 801 of the Military Construction Authorization Act, 1981 (Public Law 96-418; 94 Stat. 1775) to State and local governments near such areas. The Secretary may provide such assistance using amounts which were made available to the Air Force under Public Law 96-436 for the purpose of assisting State and local governments in community impact planning in potential MX basing areas and which remain available for obligation. SEC. 2. This Act shall apply only with respect to assistance for which a request was received by the Secretary of Defense before April 16, 1982, and which relates to expenses for community impact planning activities incurred before October 2, 1981. Approved August 16, 1984.

LEGISLATIVE HISTORY—H.R. 4952: HOUSE REPORT No. 98-661 (Comm. on Armed Services). CONGRESSIONAL RECORD, Vol. 130 (1984): Apr. 30, May 1, considered and passed House. Aug. 1, considered and passed Senate.

Aug. 16, 1984 fH.R. 4952]

94 Stat. 1864.

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Page:United States Statutes at Large Volume 98 Part 2.djvu/172

 98 STAT. 1332

PUBLIC LAW 98-380—AUG. 17, 1984

Public Law 98-380 98th Congress

e Joint Resolution

Aug. 17, 1984 [S.J. Res. 302]

-PQ designate the month of September 1984 as "National Sewing Month".

Whereas the sewing industry annually honors the approximately fifty million people who sew at home and the approximately forty million people who sew at least part of their wardrobe; Whereas the home sewing industry generates over $3,500,000,000 annually for the economy of the United States; and Whereas innumerable careers in fashion, retail merchandising, design, patternmaking, and textiles have had their genesis in the home and in elementary school home economics classes: 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 September 1984 is designated "National Sewing Month". The President is requested to issue a proclamation calling upon the people of the United States to observe that month with appropriate ceremonies and activities. Approved August 17, 1984.

•

LEGISLATIVE HISTORY—S.J. Res. 302: CONGRESSIONAL RECORD, Vol. 130 (1984): June 8, considered and passed Senate. Aug. 8, considered and passed House.

"'j:.'-'

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text: Author:Heinrich Mayr

title: Author:Heinrich Mayr


text:
Page:United States Statutes at Large Volume 98 Part 2.djvu/173

 PUBLIC LAW 98-381—AUG. 17, 1984

98 STAT. 1333

P u b l i c Law 98-381 9 8 t h Congress An Act To authorize the Secretary of the Interior to construct, operate, and maintain certain facilities at Hoover Dam, and for other purposes.

Aug. 17, 1984 [S. 268]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, Hoover Power SECTION 1. This Act may be cited as the "Hoover Power Plant Act f ^ ^ ^^^ ^^ ^*

of 1984".

^^,«eV TITLE I

SEC. 101. (a) The Secretary of the Interior is authorized to increase the capacity of existing generating equipment and appurtenances at Hoover Powerplant (hereinafter in this Act referred to as "uprating program"); and to improve parking, visitor facilities, and roadways and to provide additional elevators, and other facilities that will contribute to the safety and sufficiency of visitor access to Hoover Dam and Powerplant (hereinafter in this Act referred to as "visitor facilities program"). (b) The Secretary of the Interior is authorized to construct a Colorado River bridge crossing, including suitable approach spans, immediately downstream from Hoover Dam for the purpose of alleviating traffic congestion and reducing safety hazards. This bridge shall not be a part of the Boulder Canyon project and shall neither be funded nor repaid from the Colorado River Dam Fund or the Lower Colorado River Basin Development Fund. SEC. 102. (a) Section 403(b) of the Colorado River Basin Project Act of 1968 (82 Stat. 894, as amended, 43 U.S.C. 1543) is amended by inserting "(1)" after "(b)" and adding the following new paragraph at the end thereof: "(2) Except as provided in subsection 309(b), as amended, sums advanced by non-Federal entities for the purpose of carrying out the provisions of title III of this Act shall be credited to the development fund and shall be available without further appropriation for such purpose.". (b) Paragraph (1) of section 403(c) of the Colorado River Basin Project Act of 1968 (82 Stat. 894, as amended, 43 U.S.C. 1543(c)) is revised to read as follows: "(1) all revenues collected in connection with the operation of facilities authorized in title III in furtherance of the purposes of this Act (except entrance, admission, and other recreation fees or charges and proceeds received from recreation concessionaires), until completion of repayment requirements of the Central Arizona project;". (c) Paragraph (2) of section 403(c) is revised by inserting immediately preceding the existing proviso: "Provided, however, That for the Boulder Canyon project commencing June 1, 1987, and for the Parker-Davis project commencing June 1, 2005, and until the end of the repayment period for the Central Arizona project described in section 301(a) of this Act, the Secretary of Energy shall provide for

43 USC 619 note.

43 USC 619.

)v j >;

' 43 USC 1528. 43 USC 1521.

43 USC 1543.

43 USC I52i.

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Page:United States Statutes at Large Volume 98 Part 2.djvu/174

 98 STAT. 1334

PUBLIC LAW 98-381—AUG. 17, 1984

surplus revenues by including the equivalent of Vz mills per kilowatthour in the rates charged to purchasers in Arizona for application to the purposes specified in subsection (f) of this section and by including the equivalent IVn. mills per kilowatthour in the rates charged to purchasers in California and Nevada for application to the purposes of subsection (g) of this section as amended and supplemented: Provided further. That after the repayment period for said Central Arizona project, the equivalent of 2V2 mills per kilowatthour shall be included by the Secretary of Energy in the rates charged to purchasers in Arizona, California, and Nevada to provide revenues for application to the purposes of said subsection (g) of this section:". SEC. 103. (a) The Boulder Canyon Project Act of 1928 (45 Stat. 1057, as amended, 43 U.S.C. 617 et seq.), as amended and supplemented, is further amended: 43 USC 617a. (1) In the first sentence of section 2(b), by striking out "except that the aggregate amount of such advances shall not exceed the sum of $165,000,000", and by replacing the comma after the word "Act" with a period. 43 USC 617b. (2) In section 3, by deleting "$165,000,000." and inserting in lieu thereof "$242,000,000, of which $77,000,000 (October 1983 price levels) shall be adjusted plus or minus such amounts as may be justified by reason of ordinary fluctuations of construction costs as indicated by engineering cost indices applicable to the type of construction involved herein. Said $77,000,000 represents the additional amount required for the uprating program and the visitor facilities program.". 48 USC 617 note. (b) Except as amended by this Act, the Boulder Canyon Project Act of 1928 (45 Stat. 1057, as amended, 43 U.S.C. 617 et seq.), as amended and supplemented, shall remain in full force and effect. SEC. 104. (a) The Boulder Canyon Project Adjustment Act of 1940 (54 Stat. 774, as amended, 43 U.S.C. 618), as amended and supplemented, is further amended: 43 USC 618. (1) In section 1 by deleting the phrase "during the period beginning June 1, 1937, and ending May 31, 1987" appearing in the introductory paragraph of section 1 and in section 1(a) and inserting in lieu thereof "beginning June 1, 1937". (2) In section 1(b) by deleting the phrase "and such portion of such advances made on and after June 1, 1937, as (on the basis of repayment thereof within such fifty-year period or periods as the Secretary may determine) will be repayable prior to June 1, 1987" and inserting in lieu thereof "and such advances made on and after June 1, 1937, over fifty-year periods". (3) In section 1 by deleting the word "and" at the end of subsection (c); deleting the period at the end of subsection (d) and inserting in lieu thereof "; and", and by adding after subsection (d) the following new subsection (e): "(e) To provide, by application of the increments to rates specified 43 USC 1543. in section 403(c)(2) of the Colorado River Basin Project Act of 1968, as amended and supplemented, revenues, from and after June 1, 1987, for application to the purposes there specified.". 43 USC 618a. (4) In section 2: (i) by deleting the first sentence and subsection (a) and inserting in lieu thereof: "All receipts from the project shall be paid into the Colorado River Dam Fund and shall be available, without further appropriation, for:

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Page:United States Statutes at Large Volume 98 Part 2.djvu/175

 PUBLIC LAW 98-381—AUG. 17, 1984

98 STAT. 1335

"(a) Defraying the costs of operation (including purchase of supplemental energy to meet temporary deficiencies in firm energy which the Secretary of Energy is obligated by contract to supply), maintenance and replacements of, and emergency expenditures for, all facilities of the project, within such separate limitations as may be included in annual appropriations Acts;' and (ii) by amending subsection (e) to read as follows: "(e) Transfer to the Lower Colorado River Basin Development Fund established by title IV of the Colorado River Basin Project Act of 1968, as amended and supplemented, of the revenues referred to in section 1(e) of this Act.". (5) By deleting the final period at the end of section 6 and inserting in lieu thereof the following: ": Provided, That the respective rates of interest on appropriated funds advanced for the visitor facilities program, as described in section 101(a) of the Hoover Power Plant Act of 1984, shall be determined by the Secretary of the Treasury, taking into consideration average market yields on outstanding marketable obligations of the United States with remaining periods to maturity comparable to the reimbursement period of the program during the month preceding the fiscal year in which the costs of the program are incurred. To the extent that more than one interest rate is determined pursuant to the preceding sentence, the Secretary of the Treasury shall establish for repayment purposes an interest rate at a weighted average of the rates so determined.". (6) In section 12, in the paragraph beginning with "Replacements", by deleting "during the period from June 1, 1937, to May 31, 1987, inclusive" and inserting in lieu thereof "beginning June 1, 1937". (b) Except as amended by this Act, the Boulder Canyon Project Adjustment Act of 1940 (54 Stat. 774, as amended, 43 U.S.C. 618), as amended and supplemented, shall remain in full force and effect. SEC. 105. (a)(1) The Secretary of Energy shall offer: (A) To each contractor for power generated at Hoover Dam a renewal contract for delivery commencing June 1, 1987, of the amount of capacity and firm energy specified for that contractor in the following table: SCHEDULE A LONG TERM CONTINGENT CAPACITY AND ASSOCIATED FIRM ENERGY RESERVED FOR RENEWAL CONTRACT OFFERS TO CURRENT BOULDER CANYON PROJECT CONTRACTORS

Contractor

Metropolitan Water District of Southern California. City of Los Angeles Southern California Edison Company. City of Glendale City of Pasadena City of Burbank Arizona Power Authority Colorado River Commission of Nevada. United States, for Boulder City Totals

Contingent Firm energy (thousands ofkWh) capacity (kW) Summer Winter

Total

247,500

904,382

387,592

1,291,974

490,875 277,500 18,000 11,000 5,125 189,000 189,000

488,535 175,486 47,398 40,655 14,811 452,192 452,192

209,658 75,208 20,313 17,424 6,347 193,797 193,797

698,193 250,694 67,711 58,079 21,158 645,989 645,989

20,000

56,000

24,000

80,000

1,448,000

2,631,651

1,128,136

3,759,787

43 USC 1541. 43 USC 618. 43 USC 618e.

Ante, p. 1333.

43 USC 618k.

43 USC 618 note. 43 USC 618o. Contracts with U.S. 43 USC 619a.

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Page:United States Statutes at Large Volume 98 Part 2.djvu/176

 98 STAT. 1336

43 USC 6i7d.

PUBLIC LAW 98-381—AUG. 17, 1984

(B) To purchasers in the States of Arizona, Nevada and California eligible to enter into such contracts under section 5 of the Boulder Canyon Project Act, contracts for delivery commencing June 1, 1987, or as it thereafter becomes available, of capacity resulting from the uprating program and for delivery commencing June 1, 1987, of associated firm energy as specified in the following table: SCHEDULE B CONTINGENT CAPACITY RESULTING FROM THE UPRATING PROGRAM AND ASSOCIATED FIRM ENERGY

State Arizona California Nevada Totals

Contingent capacity (kW)

Firm energy (thousands of kWh) Summer

Winter

Total

188,000 127,000 188,000

148,000 99,850 288,000

64,000 43,364 124,000

212,000 143,214 412,000

503,000

535,850

231,364

767,214

Provided, however. That in the case of Arizona and Nevada, such contracts shall be offered to the Arizona Power Authority and the Colorado River Commission of Nevada, respectively, as the agency specified by State law as the agent of such State for purchasing power from the Boulder Canyon project: Provided further. That in the case of California, no such contract under this subparagraph (B) shall be offered to any purchaser who is offered a contract for capacity exceeding 20,000 kilowatts under subparagraph (A) of this paragraph. (C) To the Arizona Power Authority and the Colorado River Commission of Nevada and to purchasers in the State of California eligible to enter into such contracts under section 5 of the Boulder Canyon Project Act, contracts for delivery commencing June 1, 1987, of such energy generated at Hoover Dam as is available respectively to the States of Arizona, Nevada, and California in excess of 4,501.001 million kilowatthours in any year of operation (hereinafter called excess energy) in accordance with the following table:

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Page:United States Statutes at Large Volume 98 Part 2.djvu/177

 98 STAT. 1337

PUBLIC LAW 98-381—AUG. 17, 1984 SCHEDULE C EXCESS ENERGY

Priority of entitlement to excess energy

State

First: Meeting Arizona's first priority right to delivery of excess Arizona energy which is equal in each year of operation to 200 million kilowatthours: Provided, however. That in the event excess energy in the amount of 200 million kilowatthours is not generated during any year of operation, Arizona shall accumulate a first right to delivery of excess energy subsequently generated in an amount not to exceed 600 million kilowatthours, inclusive of the current year's 200 million kilowatthours. Said first right of delivery shall accrue at a rate of 200 million kilowatthours per year for each year excess energy in the amount of 200 million kilowatthours is not generated, less amounts of excess energy delivered. Second: Meeting Hoover Dam contractual obligations under schedule A of section 105(a)(l)(A) and under schedule B of section 105(a)(l)(B) not exceeding 26 million kilowatthours in each year of operation. Third: Meeting the energy requirements of the three States, such Arizona, available excess energy to be divided equally among the States. Nevada, California

(2) The total obligation of the Secretary of Energy to deliver firm energy pursuant to schedule A of section 105(a)(l)(A) and schedule B of section 105(a)(l)(B) is 4,527,001 million kilowatthours in each year of operation. To the extent that the actual generation at Hoover Powerplant in any year of operation (less deliveries thereof to Arizona required by its first priority under schedule C of section 105(a)(l)(C) whenever actual generation in any year of operation is in excess of 4,501.001 million kilowatthours) is less than 4,527.001 million kilowatthours, such deficiency shall be borne by the holders of contracts under said schedules A and B in the ratio that the sum of the quantities of firm energy to which each contractor is entitled pursuant to said schedules bears to 4,527.001 million kilowatthours. At the request of any such contractor, the Secretary of Energy will purchase energy to meet that contractor's deficiency at such contractor's expense. (3) Subdivision E of the "General Consolidated Power Marketing Criteria or Regulations for Boulder City Area Projects" published in the Federal Register May 9, 1983 (48 Federal Register commencing at 20881), hereinafter referred to as the "Criteria^' or as the "Regulations" shall be deemed to have been modified to conform to this section. The Secretary of Energy shall cause to be included in the Federal Register a notice conforming the text of said Regulations to such modifications. (4) Each contract offered under subsection (a)(1) of this section shall: (A) expire September 30, 2017; (B) not restrict use to which the capacity and energy contracted for by the Metropolitan Water District of Southern California may be placed within the State of California: Provided, That to the extent practicable and consistent with sound water management and conservation practice, the Metropolitan Water District of Southern California shall use such capacity and energy to pump available Colorado River water prior to

Federal Register, publication.

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text: Author:Thomas Jefferson Mays

title: Author:Thomas Jefferson Mays


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Page:United States Statutes at Large Volume 98 Part 2.djvu/178

 98 STAT. 1338

43 USC 6i7t.

43 USC 6i7d.

PUBLIC LAW 98-381—AUG. 17, 1984

using such capacity and energy to pump California State water project water; and (C) conform to the applicable provisions of subdivison E of the Criteria, commencing at 48 Federal Register 20881, modified as provided in this section. To the extent that said provisions of the Criteria, as so modified, are applicable to contracts entered into under this section, those provisions are hereby ratified, (b) Nothing in the Criteria shall be construed to prejudice any rights conferred by the Boulder Canyon Project Act, as amended and supplemented, on the holder of a contract described in subsection (a) of this section not in default thereunder on September 80, 2017. (c)(1) The Secretary of Energy shall not execute a contract described in subsection (a)(l)(A) of this section with any entity which is a party to the action entitled the "State of Nevada, et al. against the United States of America, et al." in the United States District Court for the District of Nevada, case numbered CV LV '82 441 RDF, unless that entity agrees to file in that action a stipulation for voluntary dismissal with prejudice of its claims, or counterclaims, or crossclaims, as the case may be, and also agrees to file with the Secretary a document releasing the United States, its officers and agents, and all other parties to that action who join in that stipulation from any claims arising out of the disposition under this section of capacity and energy from the Boulder Canyon project. The Attorney General shall join on behalf of the United States, its officers and agents, in any such voluntary dismissal and shall have the authority to approve on behalf of the United States the form of each release. (2) If after a reasonable period of time as determined by the Secretary, the Secretary is precluded from executing a contract with an entity by reason of paragraph (1) of this subsection, the Secretary shall offer the capacity and energy thus available to other entities in the same State eligible to enter into such contracts under section 5 of the Boulder Canyon Project Act. (d) The uprating program authorized under section 101(a) of this Act shall be undertaken with funds advanced under contracts made with the Secretary of the Interior by non-Federal purchasers described in subsection (a)(1)(B) of this section. Funding provided by non-Federal purchasers shall be advanced to the Secretary of the Interior pursuant to the terms and conditions of such contracts. (e) Notwithstanding any other provisions of the law, funds advanced by non-Federal purchasers for use in the uprating program shall be deposited in the Colorado River Dam Fund and shall be available for the uprating program. (f) Those amounts advanced by non-Federal purchasers shall be financially integrated as capital costs with other project costs for rate-setting purposes, and shall be returned to those purchasers advancing funds throughout the contract period through credits which include interest costs incurred by such purchasers for funds contributed to the Secretary of the Interior for the uprating program. (g) The provisions of this section constitute an exercise by the Congress of the right reserved by it in section 5(b) of the Boulder Canyon Project Act, as amended and supplemented, to prescribe terms and conditions for the renewal of contracts for electrical energy generated at Hoover Dam. This section constitutes the exclusive method for disposing of capacity and energy from Hoover Dam for the period beginning June 1, 1987, and ending September 30, 2017.

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 PUBLIC LAW 98-381—AUG. 17, 1984

98 STAT. 1339

(h)(1) Notwithstanding any other provision of law, any claim that the provisions of subsection (a) of this section violates any rights to capacity or energy from the Boulder Canyon project is barred unless the complaint is filed within one year after the date of enactment of this Act in the United States Claims Court which shall have exclusive jurisdiction over this action. An;^ claim that actions taken by any administrative agency of the United States violates any right under this title or the Boulder Canyon Project Act or the Boulder Canyon Project Adjustment Act is barred unless suit asserting such -claim is filed in a Federal court of competent jurisdiction within one year after final refusal of such agency to correct the action complained of. (2) Any contract entered into pursuant to section 105 or section 107 of this Act shall contain provisions by which any dispute or disagreement as to interpretation or performance of the provisions of this title or of applicable regulations or of the contract may be determined by arbitration or court proceedings. The Secretary of Energy or the Secretary of the Interior, as the case may be, if authorized to act for the United States in such arbitration or court proceedings and, except as provided in paragraph (1) of this subsection, jurisdiction is conferred upon any district court of the United States of proper venue to determine the dispute. (i) It is the purpose of subsections (c), (g), and (h) of this section to ensure that the rights of contractors for capacity and energy from the Boulder Canyon project for the period beginning June 1, 1987, and ending September 30, 2017, will vest with certainty and finality. SEC. 106. Reimbursement of funds advanced by non-Federal purchasers for the uprating program shall be a repayment requirement of the Boulder Canyon project beginning with the first day of the month following completion of each segment thereof. The cost of the visitor facilities program as defined in section 101(a) of this Act shall become a repayment requirement beginning June 1, 1987, or when substantially completed, as determined by the Secretary of the Interior, if later. SEC. 107. (a) Subject to the provisions of any existing layoff contracts, electrical capacity and energy associated with the United States' interest in the Navajo generating station which is in excess of the pumping requirements of the Central Arizona project and any such needs for desalting and protective pumping facilities as may be required under section 1010t)X2)(B) of the Colorado River Basin Salinity Control Act of 1974, as amended (hereinafter in this Act referred to as "Navajo surplus") shall be marketed and exchanged by the Secretary of Energy pursuant to this section. (b) Navajo surplus shall be marketed by the Secretary of Energy pursuant to the plan adopted under subsection (c) of this section, directly to, with or through the Arizona Power Authority and/or other entities having the status of preference entities under the reclamation law in accordance with the preference provisions of section 9(c) of the Reclamation Project Act of 1939 and as provided in part IV, section A of the Criteria. (c) In the marketing and exchanging of Navajo surplus, the Secretary of the Interior shall adopt the plan deemed most acceptable, after consultation with the Secretary of Energy, the Governor of Arizona, and the Central Arizona Water Conservation District (or its successor in interest to the repayment obligation for the Central Arizona project), for the purposes of optimizing the availability of Navajo surplus and providing financial assistance in the timely

43 USC 6i7t. 43 USC 6i8o.

'' 43 USC 6i9b.

42 USC 7133 note.

43 USC I57i.

43 USC 485h.

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 98 STAT. 1340

43 USC 389.

Report.

Fish and fishing. 16 USC 839b note. 43 USC 371 note. 16 USC 839 note.

PUBLIC LAW 98-381—AUG. 17, 1984

construction and repayment of construction costs of authorized features of the Central Arizona project. The Secretary of the Interior, in concert with the Secretary of Energy, in accordance with section 14 of the Reclamation Project Act of 1939, shall grant electrical power and energy exchange rights with Arizona entities as necessary to implement the adopted plan: Provided, however, That if exchange rights with Arizona entities are not required to implement the adopted plan, exchange rights may be offered to other entities. (d) For the purposes provided in subsection (c) of this section, the Secretary of Energy, or the marketing entity or entities under the adopted plan, are authorized to establish and collect or cause to be established and collected, rate components, in addition to those currently authorized, and to deposit the revenues received in the Lower Colorado River Basin Development Fund to be available for such purposes and if required under the adopted plan, to credit, utilize, pay over directly or assign revenues from such additional rate components to make repayment and establish reserves for repayment of funds, including interest incurred, to entities which have advanced funds for the purposes of subsection (c) of this section: Provided, however. That rates shall not exceed levels that allow for an appropriate saving for the contractor. (e) To the extent that this section may be in conflict with any other provision of law relating to the marketing and exchange of Navajo surplus, or to the disposition of any revenues therefrom, this section shall control. SEC. 108. Recognizing the expiration of Colorado River storage project (CRSP) contracts in 1989, prior to final reallocation of CRSP power pursuant to existing law, and within one year after enactment of this Act, the Secretary of Energy, acting through the Western Area Power Administration, shall report, to the Committee on Interior and Insular Affairs of the House of Representatives and the Committee on Energy and Natural Resources of the United States Senate, on all Colorado River storage project (CRSP) power resources, including those presently allocated to the Lower Division States, which may be used to financially support the development of authorized projects in the States of the Upper Division (as that term is used in article II of the Colorado River Compact) of the Colorado River Basin. SEC. 109. The Secretary of the Interior, acting pursuant to Federal reclamation law (Act of June 17, 1902, 32 Stat. 388, and Acts amendatory thereof and supplementary thereto) and in accordance with the Pacific Northwest Electric Power Planning and Conservation Act (94 Stat. 2697) is authorized to design, construct, operate, and maintain fish passage facilities within the Yakima River Beisin, and to accept funds from any entity, public or private, to design, construct, operate, and maintain such facilities. TITLE II

contracts with U.S. Conservation. 42 USC 7275.

SEC. 201. (a) Each long-term firm power service contract entered into or amended subsequent to one year from the date of enactment of this Act by the Secretary of Energy acting by and through the Western Area Power Administration (hereinafter "Western"), shall contain an article requiring the development and implementation by the purchaser thereunder of an energy conservation program. A long-term firm power service contract is any contract for the sale by Western of firm capacity, with or without energy, which is to be

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 PUBLIC LAW 98-381—AUG. 17, 1984

98 STAT. 1341

delivered over a period of more than one year. The term "purchaser" includes parent-t3T)e entities and their distribution or user members. If more than one such contract exists with a purchaser, only one program will be required for that purchaser. Each such contract article shall— (1) contain time schedules for meeting program goals and delineate actions to be taken in the event such schedules are not met, which may include a reduction of the allocation of capacity or energy to such purchaser as would otherwise be provided under such contract; and (2) provide for review and modification of the energy conservation program at not to exceed five year intervals. (b) For purposes of this title, an energy conservation program shall— (1) apply to all uses of energy and capacity which are provided from any Federal project; (2) contain definite goals; (3) encourage customer consumption efficiency improvements and demand management practices which ensure that the available supply of hydroelectric power is used in an economically efficient and environmentally sound manner. SEC. 202. (a) Within one year after the date of enactment of this Regulations. Act, Western shall amend its existing regulations (46 Fed. Reg. 42 USC 7276. 56140) to reflect— (1) the elements to be considered in the energy conservation programs required by this title, and (2) Western's criteria for evaluating and approving such programs. Such amended regulations shall be promulgated only after public Public notice and opportunity to comment in accordance with the Adminis- information. trative Procedure Act (5 U.S.C. 551-706). 5 USC note prec. (b) The following elements shall be considered by Western in 551. evaluating energy conservation programs: (1) energy consumption efficiency improvements; (2) use of renewable energy resources in addition to hydroelectric power; (3) load management techniques; (4) cogeneration; (5) rate design improvements, including— (i) cost of service pricing; (ii) elimination of declining block rates; (iii) time of day rates; (iv) seasonal rates; and (v) interruptible rates; and (6) production efficiency improvements. (c) Where a purchaser is implementing one or more of the foregoing elements under a program responding to Federal, State, or other

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Page:United States Statutes at Large Volume 98 Part 2.djvu/182

 98 STAT. 1342

PUBLIC LAW 98-381—AUG. 17, 1984

initiatives that apply to conservation and renewable energy development, in evaluating that purchaser's energy conservation program submitted pursuant to this title. Western shall make due allowance for the incorporation of such elements within the energy conservation program required by this title. Approved August 17, 1984.

LEGISLATIVE HISTORY—S. 268 (H.R. 4275): HOUSE REPORT No. 98-648 accompanying H.R. 4275 (Comm. on Interior and Insular Affairs). SENATE REPORT No. 98-137 (Comm. on Energy and Natural Resources). CONGRESSIONAL RECORD: Vol. 129 (1983): Aug. 4, considered and passed Senate. Vol. 130 (1984): May 3, H.R. 4275 considered and passed House; S. 268, amended, passed in lieu. July 26, 27, 30, 31, Senate considered and concurred in House amendments.

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Page:United States Statutes at Large Volume 98 Part 2.djvu/183

 PUBLIC LAW 98-382—AUG. 17, 1984

98 STAT. 134.^

Public Law 98-382 98th Congress An Act To recognize the organization known as the Catholic War Veterans of the United States of America, Incorporated.

Aug. 17, 1984 [S 1145]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, CHARTER SECTION 1. The Catholic War Veterans of the United States of America, Incorporated, organized and incorporated under the laws of the State of New York, is hereby recognized as such and is granted a charter.

Corporation. 36 USC 260i.

POWERS

SEC. 2. The Catholic War Veterans of the United States of America. Incorporated, (hereinafter referred to as the "corporation") shall have only those powers granted to it through its bylaws and articles of incorporation filed in the State or States in which it is incorporated and subject to the laws of such State or States.

36 USC 2602.

OBJECTS AND PURPOSES OF CORPORATION

SEC. 3. The objects and purposes of the corporation are those provided in its articles of incorporation and shall include a continuing commitment, on a national basis, to— (a) preserve, protect, and defend the Constitution of the United States and the laws of the several States; (b) commemorate the wars, campaigns, and military actions of the United States in order to reflect profound respect, high honor, and great tribute on the glorious dead and the surviving veterans of those wars, campaigns, and actions and to give all Americans a greater understanding of and appreciation for the sacrifices of those who participated in them on behalf of all Americans; (c) stimulate to the highest degree possible the interest of the entire Nation in the problems of veterans, their widows, and orphans; (d) cooperate to the fullest extent and in a harmonious manner with all veterans' organizations in common projects designed to serve the interests of all veterans of all wars in which the United States of America has participated; (e) collate, preserve, and encourage the study of historical episodes, chronicles, mementos, and events pertaining to the wars, campaigns, and military actions of the United States of America; (f) inculcate an enduring love of country, a deep and abiding sense of patriotism, and a profound commitment to Americanism among all the people of the United States;

36 USC 2603.

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 98 STAT. 1344

PUBLIC LAW 98-382—AUG. 17, 1984 (g) encourage, among the youth of our Nation, respect for our national flag, anthem, and for the traditions of America; (h) preserve the freedoms of all of the people, national peace, prosperity, tranquility, good will, the permanence of free institutions, and the defense of the United States; (i) foster the association of veterans of the Catholic faith who have served in the Armed Forces of the United States; (j) encourage morality in government, labor, management, economic, social, fraternal, and all other phases of American life; (k) promote the realization that the family is the basic unit of society; (1) increase our love, honor, service to God, and to our fellow man without regard to race, creed, color, or national origin; and (m) function as a veterans' and patriotic organization as authorized by the laws of the State or States where it is incorporated. SERVICE OF PROCESS

36 USC 2604.

SEC. 4. With respect to service of process, the corporation shall comply with the laws of the States in which it is incorporated and those States in which it carries on its activities in furtherance of its corporate purposes. MEMBERSHIP

36 USC 2605.

SEC. 5. Eligibility for membership in the corporation and the rights and privileges of members shall be as provided in the bylaws of the corporation. BOARD OF DIRECTORS; COMPOSITION; RESPONSIBIUTIES

36 USC 2606.

S E C 6. The board of directors of the corporation and the responsibilities thereof shall be as provided in the articles of incorporation of the corporation and in conformity with the laws of the State or States in which it is incorporated. OFFICERS OF CORPORATION

36 USC 2607.

SEC. 7. The officers of the corporation, and the election of such officers shall be as is provided in the articles of incorporation of the corporation and in conformity with the laws of the State or States wherein it is incorporated. RESTRICTIONS

36 USC 2608.

SEC. 8. (a) No part of the income or assets of the corporation shall inure to any member, officer, or director of the corporation or be distributed to any such person during the life of this charter. Nothing in this subsection shall be construed to prevent the payment of reasonable compensation to the officers of the corporation or reimbursement for actual necessary expenses in amounts approved by the board of directors. (b) The corporation shall not make any loan to any officer, director, or employee of the corporation. (c) The corporation shall have no power to issue any shares of stock nor to declare or pay any dividends. (d) The corporation shall not claim congressional approval or Federal Government authority for any of its activities.

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 PUBLIC LAW 98-382—AUG. 17, 1984

98 STAT. 1345

LIABILITY

SEC. 9. The corporation shall be liable for the acts of its officers and agents when acting within the scope of their authority. BOOKS AND

RECORDS;

36 USC 2609.

INSPECTION

SEC. 10. The corporation shall keep correct and complete books 36 USC 2610. and records of account and shall keep minutes of any proceeding of the corporation involving any of its members, the board of directors, or any committee having authority under the board of directors. The corporation shall keep at its principal office a record of the names and addresses of all members having the right of vote. All books and records of such corporation may be inspected by any member having the right to vote, or by any agent or attorney of such member, for any proper purpose, at any reasonable time. Nothing in this section shall be construed to contravene any applicable State law. AUDIT OF FINANCIAL TRANSACTIONS

SEC. 11. The first section of the Act entitled "An Act to provide for audit of accounts of private corporations established under Federal law", approved August 30, 1964 (36 U.S.C. 1101), is amended by adding at the end thereof the following: "(60) Catholic War Veterans of the United States of America, Incorporated.". ANNUAL REPORT

SEC. 12. The corporation shall report annually to the Congress concerning the activities of the corporation during the preceding fiscal year. Such annual report shall be submitted at the same time as is the report of the audit required by section 11 of this Act. The report shall not be printed as a public document.

36 USC 2611.

RESERVATION OF RIGHT TO AMEND OR REPEAL CHARTER

SEC. 13. The right to alter, amend, or repeal this Act is expressly Congress. reserved to the Congress. 36 USC 2612. DEFINITION OF " S T A T E "

SEC. 14. For purposes of this Act, the term "State" includes the District of Columbia, the Commonwealth of Puerto Rico, and the territories and possessions of the United States.

36 USC 2613.

TAX-EXEMPT STATUS

SEC. 15. The corporation shall maintain its status as an organiza- 36 USC 2614. tion exempt from taxation as provided in the Internal Revenue Code. If the corporation fails to maintain such status, the charter 26 USC i et seq. granted hereby shall expire.

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 98 STAT. 1346

PUBLIC LAW 98-382—AUG. 17, 1984 TERMINATION

36 USC 2615.

SEC. 16. If the corporation shall fail to comply with any of the restrictions or provisions of this Act the charter granted hereby shall expire. Approved August 17, 1984.

>i>

WO'-ij-.i^

(1*:";rr*r. * s

LEGISLATIVE HISTORY—S. 1145 (H.R. 1199): SENATE REPORT No. 98-315 (Comm. on the Judiciary). CONGRESSIONAL RECORD: Vol. 129 (1983): Nov. 18, considered and passed Senate. Vol. 130 (1984): Aug. 6, considered and psissed House.

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Page:United States Statutes at Large Volume 98 Part 2.djvu/187

 PUBLIC LAW 98-383—AUG. 17, 1984

98 STAT. 1347

Public Law 98-383 98th Congress Joint Resolution Designating August 21, 1984, as "Hawaii Statehood Silver Jubilee Day".

Whereas, on March 12, 1959, Americans were thrilled to learn that the United States House of Representatives, by a vote of three hundred and twenty-three to eighty-nine, had approved statehood for Hawaii, following the favorable United States Senate vote of seventy-six to fifteen the day before; Whereas President Dwight D. Eisenhower signed the Hawaii Statehood Bill on March 18, 1959; Whereas pursuant to the provisions of the Hawaii Statehood Act, a plebiscite was held in the territory of Hawaii and on June 27, 1959, the people of Hawaii voted one hundred and thirty-two thousand nine hundred to seven thousand eight hundred in favor of statehood; Whereas President Eisenhower proclaimed Hawaii the fiftieth State on August 21, 1959; Whereas the admission of Hawaii to the Union has proven to be of immense benefit both to the United States itself and the State of Hawaii; Whereas Hawaii is essential to our national security as the site of the headquarters of United States military and naval forces in the Pacific at Pearl Harbor, and is the location of the Army's Schofield Barracks, the Air Forces Hickam and Wheeler Air Force Bases, the Kaneohe Marine Corps Air Station, and other defense facilities; Whereas Hawaii is our Nation's largest producer of sugarcane and pineapple and its only major domestic source of coffee, macadamia nuts, and certain species of decorative flowers, and is a leader in the development of commercial aquaculture; Whereas Hawaii is also outstanding as a leader in astronomy, in ocean science, and alternate energy research and development, and in the extent and quality of its tourism industry; Whereas the State of Hawaii contributes significantly to the national balance of trade, operating Hawaii Foreign-Trade Zone numbered 9 and Subzone numbered 9-A, welcoming hundreds of thousands of foreign tourists, and serving as a mid-Pacific base for United States and foreign commercial interchange; Whereas Hawaii is the site of the unique, congressionally-funded Center for Cultural and Technical Interchange between East and West; Whereas Hawaii is blessed with great natural beauty, clean waters, pure air, and extraordinary scenery; and Whereas Hawairs multiethnic people, in their personal lives and in the various social and civil institutions and policies they have formed, show a warm spirit of aloha, and have expressed this spirit in their Constitution's Preamble, "... with an understanding and compassionate heart toward all the peoples of the Earth ...": Now, therefore, be it

Aug. 17, 1984 [S.J. Res. 248]'

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 98 STAT. 1348

PUBLIC LAW 98-383—AUG. 17, 1984

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That August 21, 1984, be known throughout our Nation as "Hawaii Statehood Silver Jubilee Day" in honor of the twenty-fifth anniversary—the Silver Jubilee— of Hawairs Statehood. SEC. 2. The President be requested and authorized to issue a proclamation calling upon the people of the United States and all Federal, State, and local governments to observe "Hawaii Statehood Silver Jubilee Day" with observances and ceremonies appropriate to its importance. Approved August 17, 1984.

LEGISLATIVE HISTORY—S.J. Res. 248: CONGRESSIONAL RECORD, Vol. 130 (1984): Apr. 11, considered and passed Senate. Aug. 8, considered and passed House.

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 PUBLIC LAW 98-384—AUG. 17, 1984

98 STAT. 1349

Public Law 98-384 98th Congress Joint Resolution Recognizing the anniversaries of the Warsaw uprising and the Polish resistance to invasion of Poland during World War II.

Whereas August 1, 1984, marks the fortieth anniversary of the Warsaw uprising, an event of major significance in the history of World War II; Whereas on August 1, 1944, the PoUsh Home Army under the command of General Tedeusz Bor-Komorowski rose up against the Nazis who had begun evacuating Warsaw in the face of the Soviet advance through Eastern Europe, held major portions of the city for sixty-three days against insuperable odds, and suffered extreme hardship, retribution, and personal sacrifice throughout a heroic engagement in which approximately two hundred and fifty thousand Poles were killed, wounded, or missing; Whereas September 1, 1984, marks the forty-fifth anniversary of the invasion of Poland by the Army and Air Force of the Third Reich, which was followed just sixteen days later by the Soviet invasion from the East and the subsequent occupation of a zone populated by thirteen million Poles, these events having led to the development of a strong underground movement directed by the Polish Government in exile; Whereas the three wartime leaders of the Polish Home Army, Lieutenant General Stefan Rowecki, murdered by the Gestapo in 1944, Lieutenant General Bor-Komorowski, imprisoned by the Nazis and died in London in 1966, and Major General Leopold Okulicki, imprisoned by the Soviets and perished in a Soviet jail in 1945, symbolize the supreme personal sacrifice and commitment to the cause of freedom and self-determination; Whereas the spirit of Polish resistance to foreign oppression and domination is symbolized by these historic events and remains a vital element in the Polish national character as manifested by the emergence of the Solidarity Trade Union movement in 1980; and Whereas, in prior years, the President has granted special recognition to these important days in Polish history, with particular regard to the crucial role of the Polish Home Army in the Allied war effort, and to the leaders of the Polish Home Army: Now, therefore, be it Resolved by the Senate and the House of Representatives of the United States of America in Congress assembled, That the United States joins in recognizing the anniversary of the Warsaw uprising, which stands as a poignant reminder to the world of the power of the human spirit over adversity, and the anniversary of the Polish

^ ^ g j-y 2^934 B• [S.J. Res. 272]

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