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98 STAT. 2897

cial, acting in consultation with the State educational agency, or by an existing grant agency or pginel designated by the chief State elected official and approved by the Secretary of Education. The statewide panel shall be representative of school administrators, teachers, and parents. "(b) Selections of Carl D. Perkins Scholars shall be made from students who have graduated or who are graduating from high school and who rank in the top 10 per centum of their graduating class. The State educational agency shall make applications available to high schools in the State and in other locations convenient to applicants, parents, and others. The statewide panel shall develop criteria and procedures for the selection of Carl D. Perkins Scholars. Such criteria may include the applicant's high school grade point average, involvement in extracurricular activities, financial need, and expression of interest in teaching as expressed in an essay written by the applicant. The panel may also require the applicant to furnish letters of recommendation from teachers and others. SCHOLARSHIP CONDITIONS

"SEC. 566. Recipients of scholarship assistance under this part shall continue to receive such scholarship payments only during such periods that the State agency finds that the recipient is (A) enrolled as a full-time student in an accredited postsecondary institution; (B) pursuing a course of study leading to teacher certification; and (C) maintaining satisfactory progress as determined by the postsecondary institution the recipient is attending.

20 USC 1119d-5.

SCHOLARSHIP REPAYMENT PROVISIONS

"SEC. 567. Recipients found by the State agency to be in noncompliance with the agreement entered into under section 5630)X4) of this part shall be required to repay a pro rata amount of the scholarship awards received, plus interest and, where applicable, reasonable collection fees, on a schedule and at a rate of interest to be prescribed by the Secretary by regulations issued pursuant to this part.

20 USC 1119d-6.

"EXCEPTIONS TO REPAYMENT PROVISIONS

"SEC. 568. (a) A recipient shall not be considered in violation of the agreement entered into pursuant to section 5630t)X4XC) if the recipient (1) returns to a full-time course of study related to the field of teaching at an eligible institution; (2) is serving, not in excess of three years, as a member of the armed services of the United States; (3) is temporarily totally disabled for a period of time not to exceed three years as established by sworn affidavit of a qualified physician; (4) is unable to secure employment for a period not to exceed twelve months by reason of the care required by a spouse who is disabled; (5) is seeking and unable to find full-time employment for a single period not to exceed twelve months; (6) is seeking and unable to find full-time employment as a teacher in a public elementary or secondary school or a public education program; or (7) satisfies the provisions of additional repayment exceptions that may be prescribed by the Secretary in regulations issued pursuant to this part. "0)) A recipient shall be excused from repayment of any scholarship assistance received under this part if the recipient becomes

20 USC 1119d-7.

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permanently totally disabled as established by sworn affidavit of a qualified physician. "FEDERAL ADMINISTRATION OF STATE PROGRAMS; JUDICIAL REVIEW

20 USC lll9d-8.

"SEC. 569. (a) The Secretary shall not finally disapprove any application for a State program submitted under section 563, or any modification thereof, without first affording the State agency submitting the program reasonable notice and opportunity for a hearing. "(b) Whenever the Secretary, after reasonable notice and opportunity for hearing to the State agency administering a State program approved under this part, finds— "(1) that the State program has been so changed that it no longer complies with the provisions of this part, or "(2) that in the administration of the program there is a failure to comply substantially with any such provisions, the Secretary shall notify such State agency that the State will not be regarded as eligible to participate in the program under this part until the Secretary is satisfied that there is no longer any such failure to comply. "(c)(1) If any State is dissatisfied with the Secretary's final action under subsection (b)(1) or (2), such State may appeal to the United States court of appeals for the circuit in which such State is located. The summons and notice of appeal may be served at any place in the United States. The Secretary shall forthwith certify and file in the court the transcript of the proceedings and the record on which the action was based. "(2) The findings of fact by the Secretary, if supported by substantial evidence, shall be conclusive; but the court, for good cause shown, may remand the case to the Secretary to take further evidence, and the Secretary may thereupon make new or modified findings of fact and may modify any previous action, and shall certify to the court the transcript and record of further proceedings. Such new or modified findings of fact shall likewise be conclusive if supported by substantial evidence. "(3) The court shall have jurisdiction to affirm the action of the Secretary or to set it aside, in whole or in part. The judgment of the court shall be subject to review by the Supreme Court of the United States upon certiorari or certification as provided in section 1254 of title 28, United States Code. "PART F—NATIONAL TALENTED TEACHER FELLOWSHIP PROGRAM "DECLARATION OF PURPOSE

20 USC iii9e.

"SEC. 571. It is the purpose of this part to establish a national fellowship program for outstanding teachers. AUTHORIZATION OF APPROPRIATIONS; ALLOCATION AMONG STATES

20 USC lll9e-i.

"SEC. 572. There are authorized to be appropriated $1,000,000 for fiscal year 1986, $2,000,000 for fiscal year 1987, $3,000,000 for fiscal year 1988, and $4,000,000 for fiscal year 1989, for fellowships to outstanding teachers under this part. Not more than V-k per centum of these funds shall be used for purposes of administering this part.

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


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98 STAT. 2899

TALENTED TEACHER FELLOWSHIPS

"SEC. 573. (a)(1) Except as provided under paragraph (3), sums available for the purpose of this part shall be used to award one national teacher fellowship to a public or private school teacher teaching in each congressional district of each State, and in the District of Columbia, and the Commonwealth of Puerto Rico; and one such fellowship in Guam, the Virgin Islands, American Samoa, the Northern Mariana Islands, and the Trust Territory of the Pacific Islands. "(2) Fellowship awards may not exceed the average national salary of public school teachers in the most recent year for which satisfactory data are available, as determined by the Secretary. Talented teacher fellows may not receive an award for two consecutive years. Subject to the repayment provisions of section 576, talented teaclier fellows shall be required to return to a teaching position in their current school district or private school system for at least two years following the fellowship award. "(3) If the appropriation under section 572 is not sufficient to provide the number of fellowships required by paragraph (1) at the level required under paragraph (2), the Secretary shall determine and publish an alternative distribution of fellowships which will permit fellowship awards at that level and which is geographically equitable. The Secretary shall send a notice of such determination to each of the statewide panels established under section 574. "(b) Talented teacher fellows may use such awards for such projects for improving public education as the Secretary may approve, including (1) sabbaticals for study or research directly associated with the objectives of this part, or academic improvement; (2) consultation with or assistance to other school districts or private school systems; (3) development of special innovative programs; or (4) model teacher programs and staff development.

20 USC iil9e-2.

Prohibition.

"SELECTION OF T A L E N T E D TEACHER FELLOWSHIPS

"SEC. 574. Recipients of talented teacher fellowship in each State shall be selected (in accordance with section 575) by a seven-member statewide panel appointed by the chief State elected official, acting in consultation with the State educational agency, or by an existing panel designated by the chief State elected official and approved by the Secretary of Education. The statewide panel shall be representative of school administrators, teachers, parents, and institutions of higher education.

20 USC iii9e-3.

EVALUATION OF APPLICATIONS

"SEC. 575. (a) An applicant for talented teacher fellowship assistance shall submit proposals for projects under section 573(b), and shall indicate the extent to which the applicant wishes to continue current teaching duties. The applicant shall submit such proposals to the local education agency for comment prior to submission to the statewide panel (appointed under section 574) for the State within which the project is to be conducted. In evaluating proposals, such statewide panel shall consult with the local education agency, requesting two recommendations from teaching peers; a recommendation from the principal; and a recommendation of the superintendent on the quality of the proposal and its benefit to the local education agency; and any other criteria for awarding fellowships as

20 USC 1119e-4.

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text: Author:Ernst Werner von Siemens

title: Author:Ernst Werner von Siemens


text:
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 98 STAT. 2900

PUBLIC LAW 98-558—OCT. 30, 1984

is considered appropriate by such statewide panel. Selection of fellows shall be made in accordance with regulations prescribed by the Secretary of Education. "(b) Announcement of awards shall be made in a public ceremony. "FELLOWSHIP REPAYMENT PROVISIONS

20 USC lli9e-5.

"SEC. 576. Repayment of the award shall be made to the Federal Government in the case of fraud or gross noncompliance.". MATH SCIENCE TECHNICAL AMENDMENT

Ante, p. 1301.

SEC. 702. Section 711 of the Education for Economic Security Act is amended by striking out "(a)" and by striking out subsection (b) of such section. TITLE VIII—FEDERAL MERIT SCHOLARSHIPS AMENDMENT TO THE HIGHER EDUCATION ACT OF 1965

SEC. 801. (a) Part A of title IV of the Higher Education Act of 1965 (hereafter in this title referred to as "the Act") is amended by redesignating subpart 6 as subpart 7 and by inserting after subpart 5 the following new subpart: "Subpart 6—Federal Merit Scholarships "STATEMENT OF PURPOSE 20 USC 1070d-31.

"SEC. 419A. It is the purpose of this subpart to establish a Federal Merit Scholarship Program to promote student excellence and achievement and to recognize exceptionally able students who show promise of continued excellence. "DEFINITION

20 USC 1070d-32.

20 USC 2854.

"SEC. 419B. For the purpose of this subpart— "(1) the term 'secondary school' has the same meaning given that term under section 198(a)(7) of the Elementary and Secondary Education Act of 1965; and "(2) the term 'State' means each of the several States, the District of Columbia, and the Commonwealth of Puerto Rico. "SCHOLARSHIPS AUTHORIZED

Grants. 20 USC 1070d-33.

"SEC. 419C. (a) The Secretary is authorized, in accordance with the provisions of this subpart, to make grants to States to enable the States to award scholarships to individuals who have demonstrated outst2mding academic achievement and who show promise of continued academic achievement. "(b) Scholarships under this section shall be awarded for a period of one academic year for the first year of study at an institution of higher education. "(c) A student awarded a scholarship under this subpart may attend any institution of higher education.

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98 STAT. 2901

ALLOCATION AMONG STATES

"SEC. 419D. From the sums appropriated pursuant to section 419K for any fiscal year, the Secretary shall allocate to each State having an agreement under section 419E— "(1) $1,500 multiplied by the number of individuals in the State eligible for merit scholarships pursuant to section 419G0t)), plus "(2) $10,000, plus 5 percent of the amount to which a State is eligible under clause (1) of this section.

20 USC 1070d-34.

AGREEMENTS

"SEC. 419E. The Secretary shall enter into an agreement with each State desiring to participate in the merit scholarship program authorized by this subpart. Each such agreement shall include provisions designed to assure that— "(1) the State educational agency will administer the merit scholarship program authorized by this subpart in the State; "(2) the State educational agency will comply with the eligibility and selection provisions of this subpart; "(3) the State educational agency will conduct outreach activities to publicize the availability of Federal merit scholarships to all eligible students in the State, with particular emphasis on activities designed to assure that students from low-income and moderate-income families have access to the information on the opportunity for full participation in the merit scholarship program authorized by this subpart; "(4) the State educational agency will pay to each individual in the State who is awarded a merit scholarship under this subpart $1,500 at an awards ceremony in accordance with section 4191; and "(5) the State educational agency will use the amount of the allocation described in clause (2) of section 419D for administrative expenses, including the conduct of the awards ceremony required by section 4191.

20 USC 1070d-35.

ELIGIBILITY OF MERIT SCHOLARS

"SEC. 419F. (a) Each student awarded a scholarship under this subpart shall be a graduate of a public or private secondary school or have the equivalent of a certificate of graduation as recognized by the State in which the student resides and must have been admitted for enrollment at an institution of higher education. "(b) Each student awarded a scholarship under this subpart must demonstrate outstanding academic achievement and show promise of continued academic achievement.

20 USC 1070d-36.

SELECTION OF MERIT SCHOLARS

"SEC. 419G. (a) The State educational agency is authorized to establish the criteria for the selection of merit scholars under this subpart. "(b) The State educational agency shall adopt selection procedures which are designed to assure that ten individuals will be selected from among residents of each congressional district in a State (and in the case of the District of Columbia and the Commonwealth of

20 USC 1070d-37.

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 98 STAT. 2902

PUBLIC LAW 98-558—OCT. 30, 1984

Puerto Rico not to exceed ten individuals will be selected in such district or Commonwealth). "(c) In carrying out its responsibilities under subsections (a) and (b), the State educational agency shall consult with school administrators, school boards, teachers, counselors, and parents. "STIPENDS AND SCHOLARSHIP CONDITIONS

20 USC l070d-38.

"SEC. 419H. (a) Each student awarded a merit scholarship under this subpart shall receive a stipend of $1,500 for the academic year of study for which the scholarship is awarded. "(b) The State educational agency shall establish procedures to assure that a merit scholar awarded a scholarship under this subpart pursues a course of study at an institution of higher education. "AWARDS CEREMONY

20 USC l070d-39.

"SEC. 4191. (a) The State educational agency shall make arrang:ements to award merit scholarships under this subpart at a place in each State which is convenient to the individuals selected to receive such scholarships. To the extent possible, the award shall be made by Members of the Senate and Members of the House of Representatives (by the Delegate in the case of the District of Columbia and the Resident Commissioner in the case of the Commonwealth of Puerto Rico) who represent the State, Commonwealth, or District, as the case may be, from which the individuals come. "(b) The selection process shall be completed, and the awards made prior to the end of each secondary academic year. "CONSTRUCTION OF NEEDS PROVISIONS

20 USC l070d-40.

"SEC. 419J. Nothing in this subpart, or any other Act, shall be construed to permit the receipt of a merit scholarship under this subpart to be counted for any needs test in connection with the awarding of any grant or the making of any loan under this Act or any other provision of Federal law relating to educational assistance. "AUTHORIZATION OF APPROPRIATIONS

20 USC I070d-4l. 20 USC I070e. 20 USC I070e-i. Leadership in Educational Administration Development Act of 1984. 20 USC 4201.

"SEC. 419K. There are authorized to be appropriated $8,000,000 for each of fiscal years 1986, 1987, and 1988 to carry out the provisions of this subpart.". (b)(1) Section 419 of the Act is redesignated as section 420. (2) Section 420 of the Act is redesignated as section 420A. TITLE IX—LEADERSHIP IN EDUCATIONAL ADMINISTRATION SHORT TITLE; PURPOSE

SEC. 901. (a) This title may be cited as the "Leadership in Educational Administration Development Act of 1984". (b) It is the purpose of this title to improve the level of student achievement in elementary and secondary schools through the enhancement of the leadership skills of school administrators by establishing technical assistance centers for each State to promote the development of the leadership skills of elementary and secondary

�


text: Author:Joseph Simms

title: Author:Joseph Simms


text:
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 PUBLIC LAW 98-558—OCT. 30, 1984

98 STAT. 2903

school administrators with particular emphasis upon increasing access for minorities and women to administrative positions. (c) It is the intention of Congress that contractors seeking to establish technical assistance and training centers should design programs which upgrade the skills of elementary and secondary school administrators in— (1) enhancing the schoolwide learning environment by assessing the school climate, setting clear goals for improvement, and devising strategies for completing manageable projects with measurable objectives; (2) evaluating the school curriculum in order to assess its effectiveness in meeting academic goals; (3) developing skills in instructional analysis to improve the quality of teaching through classroom observation and supervision; (4) mastering and implementing objective techniques for evaluating teacher performance; and (5) improving communication, problem-solving, student discipline, time-management, and budgetary skills. AUTHORIZATION OF APPROPRIATIONS

SEC. 902. (a) There are authorized to be appropriated to carry out this title for fiscal year 1985 and each succeeding fiscal year ending prior to October 1, 1990, such sums as may be necessary but not to exceed $20,000,000 in any fiscal year. O> Of the amount appropriated pursuant to subsection (a) for any t) fiscal year, the Secretary shall make available such amount, not less than $150,000 for each State, as may be necessary for establishing and operating a technical assistance center in each State.

20 USC 4202.

TECHNICAL ASSISTANCE CENTERS

SEC. 903. (a) The Secretary shall, subject to the availability of 20 USC 4203. funds pursuant to section 902, enter into contracts with local educational agencies, intermediate school districts, State educational agencies, institutions of higher education, private management organizations, or nonprofit organizations (or consortium of such entities) for the establishment and operation of training centers in each State in accordance with the requirements of this section and section 904. (b) Each contract entered into under subsection (a) shall require the contractor— (1) to make the services of the technical assistance center available to school administrators from any of the local educational agencies located within the State served by that contractor; (2) to collect information on school leadership skills; (3) to assess the leadership skills of individual participants based on established effective leadership criteria; (4) to conduct training programs on leadership skills for new school administrators and to conduct training seminars on leadership skills for practicing school administrators, with particular emphasis on women and minority administrators; (5) to operate consulting programs to provide within school districts advice and guidance on leadership skills;

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PUBLIC LAW 98-558—OCT. 30, 1984

(6) to maintain training curricula and materials on leadership skills drawing on expertise in business, academia, civilian and military governmental agencies, and existing effective schools; (7) to conduct programs which— (A) make available executives from business, scholars from various institutions of higher education, and practicing school administrators; and (B) offer internships in business, industry, and effective school districts to school administrators, for the purpose of promoting improved leadership skills of such administrators; (8) to disseminate information on leadership skills associated with effective schools; and (9) to establish model administrator projects. (c) In making a selection among applicants for any contract under this section, the Secretary shall take into account whether the applicant, if selected, would be able to operate its programs in a manner which would emphasize development of leadership skills identified by graduate schools of management and graduate schools of education. GENERAL CRITERIA FOR CONTRACTS

20 USC 4204.

SEC. 904. (a) The following criteria shall apply to each contract: (1) The contract shall assure the involvement of private sector managers and executives in the conduct of such programs. (2) The contract shall contain assurances of an ongoing organizational commitment to carrying out the purposes of this title through (A) obtaining matching funds for such programs in cash or in kind at least equal in amount to the amount of funds provided under this title, (B) making inkind contributions to such programs, (C) demonstrating a commitment to continue to operate such programs after expiration of funding under this title, and (D) organizing a policy advisory committee including 0)ut not limited to) representatives from business, private foundations, and local and State educational agencies. (3) The contract shall demonstrate the level of development of human relations skills which its programs will instill by (A) identifying the credentials of the staff responsible for such development; (B) describing the manner in which such skills will be developed; and (C) describing the manner in which the program deals with human relations issues facing education administrators. (4) The contract shall establish a system for the evaluation of the programs conducted. (b) Each contract shall be for a term of three years. Such contract shall not be renewable, except that a single three-year extension may be granted if the contractor agrees to maintain the programs with assistance under this title reduced by one-half. REGULATIONS

20 USC 4205.

SEC. 905. The Secretary is authorized to prescribe such regulations as may be necessary to carry out this title. DEFINITIONS

20 USC 4206.

SEC. 906. For the purposes of this title—

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98 STAT. 2905

(1) the term "Secretary" means the Secretary of Education; (2) the term "institution of higher education" has the meaning provided by section 1201 of the Higher Education Act of 1965; (3) the term "school administrator" means a principal, assistant principal, district superintendent, and other local school administrators; (4) the term "local educational agency" has the meaning provided by section 595 of the Education Consolidation and Improvement Act of 1981; and (5) the term "leadership skills" includes, but is not limited to, managerial, administrative, evaluative, communication and disciplinary skills and related techniques. TITLE X - N A T IV E AMERICAN PROGRAMS SHORT TITLE

SEC. 1001. This title may be cited as the "Native American Programs Act Amendments of 1984".

20 USC 1141.

20 USC 3875.

Native American Programs Act Amendments of 1984. 42 USC 2991 note.

DISTRIBUTION OF FINANCIAL ASSISTANCE

SEC. 1002. (a) Section 803(a) of the Native American Programs Act of 1974 is amended by adding at the end thereof the following: "Every determination made with respect to a request for financial assistance under this section shall be made without regard to whether the agency making such request serves, or the project to be assisted is for the benefit of, Indians who are not members of a federally recognized tribe. To the greatest extent practicable, the Secretary shall ensure that each project to be assisted under this title is consistent with the priorities established by the agency which receives such assistance.". (b) Section 803(c) of the Native American Programs Act of 1974 is amended— (1) by inserting "(1)" after "(c)", and (2) by adding at the end thereof the following new paragraph: "(2) No project may be disapproved for assistance under this title solely because the agency requesting such assistance is an Indian organization in a nonreservation area or serves Indians in a nonreservation area.".

42 USC 299ib.

ADMINISTRATION OF PROGRAMS

SEC. 1003. Section 812 of the Native American Programs Act of 1974 is amended to read as follows:

42 USC 2992b.

ADMINISTRATION; DELEGATION OF AUTHORITY

"SEC. 812. (a)(1) The general administration of the programs authorized by this Act shall remain within the Department of Health and Human Services and, notwithstanding any authority under any other law, may not be transferred outside of such Department. "(2) The Secretary shall continue to administer grants under section 803 through the Administration for Native Americans. The Commissioner of such Administration may not delegate outside of the Administration the functions, powers, and duties of the Commissioner to carry out such section.

42 USC 2991b.

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 98 STAT. 2906

42 USC 2991b.

PUBLIC LAW 98-558—OCT. 30, 1984

"(b)(1) Except as provided in subsection (a)(2), the Secretary may delegate only to the heads of agencies within the Department of Health and Human Services any of the functions, powers, and duties of the Secretary under this title and may authorize the redelegation only within such Department of such functions, powers, and duties by the heads of such agencies. "(2) Funds appropriated to carry out this title, other than section 803, may be transferred between such agencies if such funds are used for the purposes for which they are authorized and appropriated. "(c) Nothing in this section shall be construed to prohibit interagency funding agreements made between the Administration for Native Americans and other agencies of the Federal Government for the development and implementation of specific grants or projects.". DEFINITIONS

42 USC 2992c.

SEC. 1004. Section 813 of the Native American Programs Act of 1974 is amended— (1) in paragraph (3) by striking out the period and inserting in lieu thereof "; and", and (2) by adding at the end thereof the following new paragraph: "(4) 'Secretary' means the Secretary of Health and Human Services.". EXPENDITURE OF AVAILABLE FUNDS

42 USC 2992d.

Ante, p. 2905.

SEC. 1005. Section 814 of the Native American Programs Act of 1974 is amended— (1) by striking out "1981" and inserting in lieu thereof "1986", (2) by inserting "(a)" after "SEC. 814.", and (3) by adding at the end thereof the following new subsection: "OD) Not less than 90 per centum of the funds made available to carry out the provisions of this title for a fiscal year shall be expended to carry out section 803(a) for such fiscal year.". Approved October 30, 1984.

LEGISLATIVE HISTORY—S. 2565: SENATE REPORT No. 98-484 (Comm. on Labor and Human Resources). CONGRESSIONAL RECORD, Vol. 130 (1984): Oct. 4, considered and passed Senate. Oct. 9, considered and passed House.

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text: Author:Charles W. Smiley

title: Author:Charles W. Smiley


text:
Page:United States Statutes at Large Volume 98 Part 3.djvu/535

 PUBLIC LAW 98-559—OCT. 30, 1984

98 STAT. 2907

Public Law 98-559 98th Congress An Act To amend the Hazardous Materials Transportation Act to authorize appropriations for fiscal years 1985 and 1986, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) section 109(d) of the Hazardous Materials Transportation Act (49 U.S.C. App. 1808(d)) is amended— (1) by inserting "(1)" immediately before "The Secretary"; (2) by redesignating paragraphs (1), (2), and (3) as subparagraphs (A), (B), and (C), respectively; and (3) by adding at the end thereof the following new paragraph: "(2) Nothing in this subsection shall be construed to limit the authority of the Secretary to enter into a contract with a private entity for use of a supplemental reporting system and data center operated and maintained by such entity.". a>)(l) Section 109(e) of such Act (49 U.S.C. App. 1808(e)) is amended by striking out "May 1" and inserting in lieu thereof "June 15". (2) The amendment made by paragraph (1) shall take effect October 1, 1984. SEC. 2. Section 115 of the Hazardous Materials Transportation Act (49 U.S.C. App. 1812) is amended to read as follows:

Oct. 30, 1984 [S 2706]

Effective date. 49 USC app. 1808 note.

AUTHORIZATION FOR APPROPRIATIONS

"SEC. 115. There is authorized to be appropriated to carry out the provisions of this title not to exceed $7,500,000 for the fiscal year ending September 30, 1985, and $8,000,000 for the fiscal year ending September 30, 1986.". SEC. 3. The Hazardous Materials Transportation Act (49 U.S.C. App. 1801-1812) is amended by adding at the end thereof the following new section: " E V A L U A T I O N OF T R A I N I N G P R O G R A M S FOR I N C I D E N T PREVENTION

AND

RESPONSE

"SEC. 116, (a) EVALUATION.—The Secretary and the Director of the Federal Emergency Management Agency (hereinafter in this section referred to as the 'Director'), in coordination with other Federal, State, and local agencies with responsibilities relating to transportation of hazardous materials (including but not limited to the Environmental Protection Agency, the Department of Energy, and the Nuclear Regulatory Commission), shall each evaluate— "(1) programs conducted by Federal, State, and local agencies and private organizations which provide training to shippers, carriers, inspectors, and enforcement personnel involved in the transportation of hazardous materials with respect to compliance with and enforcement of rules, regulations, standards, and orders promulgated by the Secretary under the authority of this title;

49 USC app 1813.

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 98 STAT. 2908

Report.

PUBLIC LAW 98-559—OCT. 30, 1984

"(2) programs conducted by Federal, State, and local agencies and private organizations which provide training to agencies or organizations responsible for responding to incidents involving transportation of hazardous materials; and "(3) planning programs conducted by Federal, State, and local agencies and private organizations for responding to incidents involving transportation of hazardous materials. "(b) REPORT.—Not later than five months after the date of the enactment of this section, the Secretary and the Director shall each submit an interim report to the Congress on the results of their respective evaluations under subsection (a). Not later than 10 months after the date of the enactment of this section, the Secretary and the Director shall complete such evaluations and submit the results of such evaluations to the Congress. Such reports shall include, but not be limited to— "(1) a description of existing planning programs for responding to incidents involving transportation of hazardous materials; "(2) a description of Federal, State, and (to the extent feasible) local training programs for responding to incidents involving transportation of hazardous materials and for compliance with and enforcement of rules, regulations, standards, and orders promulgated by the Secretary under the authority of this title; "(3) the amounts of funds expended per fiscal year in fiscal years 1980, 1981, 1982, 1983, and 1984 by Federal and State agencies on training programs described in paragraph (2); and "(4) recommendations concerning methods of funding such training programs, including but not limited to methods which assure long-term funding for such programs.". Approved October 30, 1984.

LEGISLATIVE HISTORY—S. 2706: SENATE REPORT No. 98-479 (Comm. on Commerce, Science, and Transportation). CONGRESSIONAL RECORD, Vol. 130 (1984): June 15, considered and passed Senate. Oct. 11, considered and passed House, amended; Senate concurred in House amendment.

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 PUBLIC LAW 98-560—OCT. 30, 1984

98 STAT. 2909

Public Law 98-560 98th Congress An Act To name the Federal Building in Elkins, West Virginia, the "Jennings Randolph Federal Center".

Oct. 30, 1984 [S. 3021]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the United Public buildings States Post Office and Federal Building located at the corner of and grounds. Randolph Avenue and Third Street, Elkins, West Virginia, shall hereafter be known and designated as the "Jennings Randolph Federal Center". Any reference in a law, map, regulation, document, record, or other paper of the United States to such building shall be held to be a reference to the "Jennings Randolph Federal Center". SEC. 2. The effective date of this Act shall be January 5, 1985. Effective date. Approved October 30, 1984.

LEGISLATIVE HISTORY—S. 3021 (H.R. 6324): SENATE REPORT No. 98-650 (Comm. on Environment and Public Works). CONGRESSIONAL RECORD, Vol. 130 (1984): Oct. 4, considered and passed Senate. Oct. 11, H.R. 6324 considered and passed House; S. 3021 passed in lieu.

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 98 STAT. 2910

PUBLIC LAW 98-561—OCT. 30, 1984

Public Law 98-561 98th Congress An Act Oct. 30, 1984 [S. 3034]

Corporation.

To grant a Federal charter to the National Society, Daughters of the American Colonists.

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

36 USC 2901.

SECTION 1. National Society, Daughters of the American Colonists, organized and incorporated under the laws of the District of Columbia in 1921, is hereby recognized as such and is granted a charter. POWERS

36 USC 2902.

SEC. 2. National Society, Daughters of the American Colonists (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. OBJECTS AND PURPOSES OF CORPORATION

36 USC 2908.

SEC. 3. The objects and purposes for which the corporation is organized shall be those provided in its articles of incorporation and shall include a continuing commitment, on a national basis, to— (1) conduct research with respect to the history and deeds of the American colonists, and record and publish the results of such research; (2) publish the memoirs of American colonists; (3) erect memorials to commemorate the history and deeds of the American colonists; (4) promote respect and admiration for the institutions, laws, and flag of the United States; (5) engage in mutual improvement and educational activities; and (6) establish scholarships to assist needy and deserving students and to promote the improvement of educational institutions, engage in volunteer service and make contributions to veterans hospitals, and perform such other charitable activities including the national presidents' projects as may be provided by the articles of incorporation or bylaws of the society. SERVICE OF PROCESS

36 USC 2904.

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.

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text:
Author:Chauncey Smith

Articles in Popular Science Monthly

 * 1.
 * 2.

title: Author:Chauncey Smith


text:
Page:United States Statutes at Large Volume 98 Part 3.djvu/539

 PUBLIC LAW 98-561—OCT. 30, 1984

98 STAT. 2911

MEMBERSHIP

SEC. 5. Eligibility for membership in the corporation and the rights and privileges of members shall, except as provided in this Act, be as provided in the constitution and bylaws of the corporation, and terms of membership and requirements for holding office within the corporation shall not be discriminatory on the basis of race, color, religion, or national origin.

36 USC 2905.

BOARD OF DIRECTORS; COMPOSITION; RESPONSIBILITIES

SEC. 6. The board of directors of the corporation and the responsibilities thereof shall be as provided in the articles of incorporation or bylaws of the corporation and in conformity with the laws of the State or States in which it is incorporated.

36 USC 2906.

OFFICERS OF CORPORATION

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

36 USC 2907.

RESTRICTIONS

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 and any officer and director of the corporation, acting as such officer or director, shall not contribute to, support, or otherwise participate in any political activity or in any manner attempt to influence legislation. (d) The corporation shall have no power to issue any shares of stock nor to declare or pay any dividends. (e) The corporation shall not claim congressional approval or Federal Government authority for any of its activities. (f) The corporation shall retain and maintain its status as a corporation organized and incorporated under the laws of the State or States wherein it is incorporated.

36 USC 2908.

E X C L U S IV E RIGHT TO NAME, EMBLEMS, SEALS, AND BADGES

SEC. 9. Subject to established or vested rights, the corporation shall have the sole and exclusive right to have and to use, in carrying out its purposes, the name National Society, Daughters of the American Colonists and any emblem, seal, or badge adopted or used by the corporation.

36 USC 2909.

LIABILTTY

SEC. 10. The corporation shall be liable for the acts of its officers and agents when acting within the scope of their authority.

36 USC 2910.

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text:
Page:United States Statutes at Large Volume 98 Part 3.djvu/540

 98 STAT. 2912

PUBLIC LAW 98-561—OCT. 30, 1984 BOOKS AND

36 USC 2911.

RECORDS;

INSPECTION

SEC. 11. The corporation shall keep correct and complete books 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 to 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 F I N A N C I A L TRANSACTIONS

SEC. 12. 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: "(66) National Society, Daughters of the American Colonists". ANNUAL REPORT

36 USC 2912.

SEC. 13. 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. RESERVATION OF RIGHT TO AMEND OR REPEAL CHARTER

36 USC 2913.

SEC 14. The right to alter, amend, or repeal this Act is expressly reserved to the Congress. DEFINITION OF " S T A T E "

36 USC 2914.

SEC. 15. 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.

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Page:United States Statutes at Large Volume 98 Part 3.djvu/541

 PUBLIC LAW 98-561—OCT. 30, 1984

98 STAT. 2913

TAX-EXEMPT STATUS

SEC. 16. The corporation shall maintain its status as an organization exempt from taxation as provided in the Internal Revenue Code of 1954. If the corporation fails to maintain such status, the charter granted hereby shall expire.

36 USC 2915. 26 USC i ^^ ««9

TERMINATION

SEC. 17. If the corporation shall fail to comply with any of the restrictions or provisions of this Act, the charter granted hereby shall expire. Approved October 30, 1984.

LEGISLATIVE HISTORY—S. 3034 (H.R. 1881): CONGRESSIONAL RECORD, Vol. 130 (1984): Oct. 4, H.R. 1881 considered and passed House. Oct. 10, S. 3034 considered and passed Senate and House.

36 USC 2916.

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Page:United States Statutes at Large Volume 98 Part 3.djvu/542

 98 STAT. 2914

PUBLIC LAW 98-562—OCT. 30, 1984

Public Law 98-562 98th Congress Joint Resolution Oct. 30, 1984 [S.J. Res. 236]

Relating to cooperative East-West ventures in space.

Whereas the United States and the Soviet Union could soon find themselves in an arms race in space, which is in the interest of no one; Whereas the prospect of an arms race in space between the United States and the Soviet Union has aroused worldwide concern expressed publicly by the governments of many countries; Whereas the 1972-1975 Apollo-Soyuz project involving the United States and the Soviet Union and culminating with a joint docking in space was successful, thus proving the practicability of a joint space effort; Whereas, shortly after the completion of the Apollo-Soyuz project, and intended as a followup to it, the United States and the Soviet Union signed an agreement to examine the feasibility of a Shuttle-Salyut program and an international space platform program, but that initiative was allowed to lapse; Whereas the United States signed a five-year space cooperation agreement with the Soviet Union in 1972, renewed it in 1977, then chose not to renew it in 1982; Whereas the United States recently proposed to the Soviet Union that the two Nations conduct a joint simulated space rescue mission; Whereas the Soviet Union has not yet responded to the substance of this proposal; and Whereas the opportunities offered by space for prodigious achievements in virtually every field of human endeavor, leading ultimately to the colonization of space in the cause of advancing human civilization, would probably be lost irretrievably were space to be made into yet another East-West battleground: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled. That the President should— (1) endeavor, at the earliest practicable date, to renew the 1972-1977 agreement between the United States and the Soviet Union on space cooperation for peaceful purposes; (2) continue energetically to gain Soviet agreement to the recent United States proposal for a joint simulated space rescue mission; and

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text:
Author:Philip Snyder

Articles in Popular Science Monthly

 * 1.

title: Author:Philip Snyder


text:
Page:United States Statutes at Large Volume 98 Part 3.djvu/543

 PUBLIC LAW 98-562—OCT. 30, 1984

98 STAT. 2915

(3) seek to initiate talks with the Government of the Soviet Union, and with other governments interested in space activities, to explore further opportunities for cooperative East-West ventures in space including cooperative ventures in such areas as space medicine and space biology, planetary science, manned and unmanned space exploration. Approved October 30, 1984.

LEGISLATIVE HISTORY—S.J. Res. 236: CONGRESSIONAL RECORD, Vol. 130 (1984): Oct. 10, considered and passed Senate. Oct. 11, considered and passed House, amended; Senate concurred in House amendment. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 20, No. 44 (1984): Oct. 30, Presidential statement.

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Page:United States Statutes at Large Volume 98 Part 3.djvu/544

 98 STAT. 2916

PUBLIC LAW 98-563—OCT. 30, 1984

Public Law 98-563 98th Congress An Act Oct 30 1984 [H.R. 89]

46 USC app. ^^^^-

Termination.

'^^ permit the transportation of passengers between Puerto Rico and other United States ports on foreign-flag vessels when United States flag service for such transportation is not available.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) notwithstanding any other provision of law, passengers may be transported on passenger vessels not qualified to engage in the coastwise trade between ports in Puerto Rico and other ports in the United States, directly or by way of a foreign port, except as otherwise provided in this Act. (b)(1) Upon a showing to the Secretary of Transportation, by the vessel owner or charterer, that service aboard a United States passenger vessel qualified to engage in the coastwise trade is being offered or advertised pursuant to a Certificate of Financial Responsibility for Indemnification of Passengers for Nonperformance of Transportation (46 App. U.S.C. 817e) from the Federal Maritime Commission for service in the coastwise trade between ports in Puerto Rico and other ports in the United States, the Secretary shall notify the owner or operator of each vessel transporting passengers under authority of this Act that he shall, within 270 days after notification, terminate all such service. Coastwise privileges granted to every owner or operator under this Act shall expire on the 270th day following the Secretary's notification. (2) Upon a showing to the Secretary, by the vessel owner or charterer, that service aboard a United States passenger vessel not qualified to engage in the coastwise trade is being offered or advertised pursuant to a Certificate of Financial Responsibility for Indemnification of Passengers for Nonperformance of Transportation (46 App. U.S.C. 817e) from the Federal Maritime Commission for service in the coastwise trade between ports in Puerto Rico and other ports in the United States, the Secretary shall notify the owner or operator of each foreign-flag vessel transporting passengers under authority of this Act that he shall, within 270 days after notification, terminate all such service. Coastwise privileges granted to every owner or operator of a foreign-flag vessel transporting passengers under authority of this Act shall expire on the 270th day following the Secretary's notification. (c) If, at the expiration of the 270-day period specified in subsections (b)(1) and (b)(2) of this Act, the vessel that has been offering or advertising service pursuant to a certificate described in either of those subsections has not entered the coastwise passenger trade between ports in Puerto Rico and other ports in the United States, then the termination of service required by either of those subsections shall not be required until 90 days following the entry into that trade by the United States vessel.

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Page:United States Statutes at Large Volume 98 Part 3.djvu/545

 PUBLIC LAW 98-563—OCT. 30, 1984

98 STAT. 2917

(d) Any coastwise privileges granted in this Act that expire under subsection (b)(1) or (b)(2) shall be reinstated upon a determination by the Secretary that the service on which the expiration of the privileges was based is no longer available. (e) For the purposes of subsections (b)(1) and (b)(2), the term "passenger vessel" means any vessel of similar size or offering service comparable to any other vessel transporting passengers under authority of this Act. Approved October 30, 1984.

LEGISLATIVE HISTORY—H.R. HOUSE REPORT No. 98-733 (Comm. on Merchant Marine and Fisheries). SENATE REPORT No. 98-658 (Comm. on Commerce, Science, and Transportation). CONGRESSIONAL RECORD, Vol. 130 (1984): May 14, 15, considered and passed House. Oct. 11, considered and passed Senate, amended; House concurred in Senate amendment.

31-194

0

-

86

-

18

OT.T

P.

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Page:United States Statutes at Large Volume 98 Part 3.djvu/546

 98 STAT. 2918

PUBLIC LAW 98-564—OCT. 30, 1984

Public Law 98-564 98th Congress An Act Oct 30 1984 ' ' [H.R. 597]

31 USC 1304.

To amend sections 2733, 2734, and 2736 of title 10, United States Code, and section 715 °^ *^*^® ^^' United States Code, to increase the maximum amount of a claim against the United States that may be paid administratively under those sections and to allow increased delegation of authority to settle and pay certain of those claims, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That (a) section 2733 of title 10, United States Code, is amended as follows: (1) Subsection (a) is amended by striking out "chief legal officer" and "$25,000" and inserting in lieu thereof "Chief Counsel" and "$100,000", respectively. (2) Subsection (d) is amended to read as follows: "(d) If the Secretary concerned considers that a claim in excess of $100,000 is meritorious, and the claim otherwise is payable under this section, the Secretary may pay the claimant $100,000 and report any meritorious amount in excess of $100,000 to the Comptroller General for payment under section 1304 of title 31.". (3) Subsection (g) is amended to read as follows: "(g) Under regulations prescribed by the Secretary concerned, an officer or employee under the jurisdiction of the Secretary may settle a claim that otherwise would be payable under this section in an amount not to exceed $25,000. A decision of the officer or employee who makes a final settlement decision under this section may be appealed by the claimant to the Secretary concerned or an officer or employee designated by the Secretary for that purpose.". SEC. 2. Section 2734 of title 10, United States Code, is amended as follows: (1) Subsection (a) is amended by amending that part of the subsection that precedes paragraph (1) to read as follows: "(a) To promote and to maintain friendly relations through the prompt settlement of meritorious claims, the Secretary concerned, or an officer or employee designated by the Secretary, may appoint, under such regulations as the Secretary may prescribe, one or more claims commissions, each composed of one or more officers or employees or combination of officers or employees of the armed forces, to settle and pay in an amount not more than $100,000, a claim against the United States for—". (2) Subsection (a) is further amended in the last sentence by inserting "or employee" after "An officer". (3) Subsection (c) is amended to read as follows: "(c) The Secretary concerned may appoint any officer or employee under the jurisdiction of the Secretary to act as an approval authority for claims determined to be allowable under subsection (a) in an amount in excess of $10,000.". (4) Subsection (d) is amended to read as follows: "(d) If the Secretary concerned considers that a claim in excess of $100,000 is meritorious, and the claim otherwise is payable under this section, the Secretary may pay the claimant $100,000 and report

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Page:A Compendium of Irish Biography.djvu/122

COR (8th Oct.) "I certainly wish that England would now make a union with the Irish nation, instead of making it with a party in Ireland." (17th Oct.) "If it is in contemplation ever to extend the privileges of the Union to the Roman Catholics, the present appears to be the only opportunity which the British Ministry can have of obtaining any credit from the boon which must otherwise in a short time be extorted from them." (27th Dec.) "Nothing can be more melancholy and distressing to my feelings than the wretched situation into which I have been forced… I have no hopes that I shall either gain credit to myself or render any service to the country… I had my difficulties in India, but they were trifling compared with those which attend the wretched station which has been imposed upon me." (16th Jan. 1799.) "Finding from … John Parnell … that he was determined not to support the Union, I have notified to him his dismission from the office of Chancellor of the Exchequer, and I shall pursue the same line of conduct without favour or partiality, wherever I may think it will tend to promote the success of the measure." (21st Jan.) "Here I am embarked in all my troubles, and employed in a business which is ill suited to my taste … The demands of our friends rise in proportion to the appearance of strength on the other side, and you, who know how I detest a job, will be sensible of the difficulties which I must often have to keep my temper; but the object is great, and perhaps the salvation of the British Empire may depend upon it. I shall therefore as much as possible overcome my detestation of the work in which I am engaged, and march on steadily to my point. The south of Ireland is well disposed to the Union; the north seems in a state of neutrality, or rather apathy, on the subject, which is to me incomprehensible; but all the counties in the middle of the island, from Dublin to Galway, are violent against it." After the Government preparations for securing a favourable division, the defeat of the measure in the Commons by 106 to 105, on 23rd January 1799, was surprise and mortification to them. It was approved by the Lords by 52 to 16. It was decided not to bring forward the question again the same session, but to proceed vigorously in the purchase of votes, and await the first favourable opportunity. (26th Jan.) "The proposal of Union … was not disagreeable either to the Catholics or to the Protestant dissenters. … The late experiment has shown the impossibility of carrying a measure which is contrary to the private interests of those who are to decide upon it, and which is not supported by the voice of the country at large; and I think it is evident that ii ever a second trial of the Union is to be made, the Catholics must be included." (28th Jan.) "The question of Union was brought forward upon the principle that two independent legislatures had a tendency to separate; that the independent legislatures of Ireland and England had shown that tendency, and that the effects of it were felt in divisions at home, and attempts of invasion from abroad." (20th March.) "We are, I trust, rather gaining ground in respect to the Union, but in the general indisposition and disaffection of the country I cannot discover the smallest improvement." This gaining ground was effected by the clearly expressed intention of Government to spend money liberally in the purchase of seats. (15th April.) "You write as if you really believed that there was any foundation for all the lies and nonsensical clamour about my lenity. On my arrival in this country I put a stop to the burning of houses and murder of the inhabitants by the yeomen, or by other persons who delighted in that amusement, to the flogging for the purpose of extorting confession, and to the freequarters, which comprehended universal rape and robbery throughout the whole country… My conscience does not reproach me with a single act of improper or impolitic lenity." (20th May.) "The political jobbing of this country gets the better of me: it has ever been the wish of my life to avoid all this dirty business, and I am now involved in it beyond all bearing, and am consequently more wretched than ever. I trust that I shall live to get out of this most cursed of all situations, and most repugnant to my feelings. How I long to kick those whom my public duty obliges me to court! If I did not hope to get out of this country, I should most earnestly pray for immediate death." (19th June.) "Nothing but a conviction that a union is absolutely necessary for the safety of the British Empire, could make me endure the shocking task which is imposed upon me." (2nd July.) "The mass of the people of Ireland do not care one farthing about the Union, and they equally hate both the Government and Opposition." On 19th July he estimated the effective military force in the kingdom at 45,419, besides artillery. On 11th August he narrowly escaped being shot by the sentry at the Castle.—Returning alone at night he was not 98


text:
Author:Paul Souriau

Articles in Popular Science Monthly

 * 1.

title: Author:Paul Souriau


text:
Page:United States Statutes at Large Volume 98 Part 3.djvu/547

 PUBLIC LAW 98-564—OCT. 30, 1984

98 STAT. 2919

any meritorious amount in excess of $100,000 to the Comptroller General for payment under section 1304 of title 31.". SEC. 3. Section 2736(a) of title 10, United States Code, is amended by striking out "$1,000" and inserting in lieu thereof "$10,000". SEC. 4. Action 715 of title 32, United States Code, is amended as follows: (1) Subsection (a) is amended by striking out "$25,000" and inserting in lieu thereof "$100,000". (2) Subsection (d) is amended to read as follows: "(d) If the Secretary concerned considers that a claim in excess of $100,000 is meritorious, and the claim otherwise is payable under this section, the Secretary may pay the claimant $100,000 and report any meritorious amount in excess of $100,000 to the Comptroller General for payment under section 1304 of title 31.". (3) Subsection (f) is amended to read as follows: "(f) Under regulations prescribed by the Secretary concerned, an officer or employee under the jurisdiction of the Secretary may settle a claim that otherwise would be payable under this section in an amount not to exceed $25,000. A decision of the officer or employee who makes a final settlement decision under this section may be appealed by the claimant to the Secretary concerned or an officer or employee designated by the Secretary for that purpose.". Approved October 30, 1984.

LEGISLATIVE HISTORY—H.R 597: HOUSE REPORT No. 98-407 (Comm. on the Judiciary). CONGRESSIONAL RECORD: Vol. 129 (1983): Oct. 24, considered and passed House. Vol. 130 (1984): Oct. 11, considered and passed Senate.

31 USC 1304.

31 USC 1304.

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Page:United States Statutes at Large Volume 98 Part 3.djvu/548

 98 STAT. 2920

PUBLIC LAW 98-565—OCT. 30, 1984

Public Law 98-565 98th Congress An Act Oct. 30, 1984 [H.R. 1095]

Corporation.

To grant a Federal charter to the 369th Veterans' Association.

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

36 USC 3001.

SECTION 1. The 369th Veterans' Association, a nonprofit corporation organized under the laws of the State of New York, is hereby recognized as such and is granted a charter. POWERS

36 USC 3002.

SEC. 2. 369th Veterans' Association (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. OBJECTS AND PURPOSES OF CORPORATION

36 USC 3003.

SEC. 3. The objects and purposes of the corporation are those provided in its articles of incorporation and shall include— (1) to promote the principles of friendship and good will among its members; (2) to engage in all forms of social and civic endeavors that will tend to enhance the welfare of its members, and to inculcate in them the true principles of good citizenship; and (3) to memorialize, individually and collectively, the patriotic services of its members in the several units of the 369th antiaircraft artillery group and other units in the Armed Forces of the United States. SERVICE OF PROCESS

36 USC 3004.

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 3005.

SEC. 5. Eligibility for membership in the corporation and the rights and privileges of members shall, except as provided in this Act, be as provided in the constitution and bylaws of the corporation, and terms of membership and requirements for holding office within the corporation shall not be discriminatory on the basis of race, color, religion, or national origin.

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Page:United States Statutes at Large Volume 98 Part 3.djvu/549

 PUBLIC LAW 98-565—OCT. 30, 1984

98 STAT. 2921

BOARD OF DIRECTORS; COMPOSITION; RESPONSIBIUTIES

SEC. 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.

36 USC 3006.

OFFICERS OF CORPORATION

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

36 USC 3007.

RESTRICTIONS

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 and any officer and director of the corporation, acting as such officer or director, shall not contribute to, support or otherwise participate in any political activity or in any manner attempt to influence legislation. (d) The corporation shall have no power to issue any shares of stock nor to declare or pay any dividends. (e) The corporation shall not claim congressional approval or Federal Government authority for any of its activities.

36 USC 3008.

LIABILITY

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

36 USC 3009.

BOOKS AND RECORDS; INSPECTION SEC. 10. The corporation shall keep correct and complete books and records of accounts 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 to vote. All books and records of such corporation may be inspected by any member having the right to vote, or by any agency 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: "(65) 369th Veterans' Association".

36 USC 3010.

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Page:United States Statutes at Large Volume 98 Part 3.djvu/550

 98 STAT. 2922

PUBLIC LAW 98-565—OCT. 30, 1984 ANNUAL REPORT

36 USC 3011.

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. RESERVATION OF RIGHT TO AMEND OR REPEAL CHARTER

36 USC 3012.

SEC. 13. The right to alter, amend, or repeal this Act is expressly reserved to the Congress. DEFINITION OF STATE

36 USC 3013.

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. TAX-EXEMPT STATUS

36 USC 3014.

SEC. 15. The corporation shall maintain its status as an organization exempt from taxation as provided in the Internal Revenue Code. If the corporation fails to maintain such status, the charter granted hereby shall expire. EXCLUSIVE RIGHT TO NAME, EMBLEMS, SEALS, AND BADGES

36 USC 3015.

SEC. 16. The corporation shall have the sole and exclusive right to use the name "369th Veterans' Association", and such seals, emblems, and badges as the corporation may lawfully adopt. Nothing in this section shall be construed to interfere or conflict with established or vested rights. TERMINATION

36 USC 3016.

SEC. 17. If the corporation shall fail to comply with any of the restrictions or provisions of this Act the charter granted hereby shall expire. Approved October 30, 1984.

LEGISLATIVE HISTORY—H.R. 1095: HOUSE REPORT No. 98-490 (Comm. on the Judiciary). CONGRESSIONAL RECORD: Vol. 129 (1983): Nov. 14, considered and passed House. Vol. 130 (1984): Oct. 10, considered and passed Senate, amended; House concurred in Senate amendments.

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text: Author:Francis Speir

title: Author:Francis Speir


text:
Page:United States Statutes at Large Volume 98 Part 3.djvu/551

 PUBLIC LAW 98-566—OCT. 30, 1984

98 STAT. 2923

Public Law 98-566 98th Congress An Act To require the Secretary of the Treasury to coin and sell a national medal in honor of the members and former members of the Armed Forces of the United States who served in the Vietnam conflict.

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

SECTION 1. This Act may be cited as the "Vietnam Veterans National Medal Act". FINDINGS

SEC. 2. The Congress hereby finds— (1) that it is in the national interest to issue a national medal honoring the courage and dedication of the men and women who served in the Armed Forces of the United States in the Vietnam conflict; (2) that the men and women who served in the Armed Forces of the United States in the Vietnam conflict made sacrifices that deserve recognition by the United States; and (3) that the issuance of a national medal is a fitting and suitable way for the United States to express its thanks and gratitude to those members and former members of the Armed Forces of the United States who served in the Vietnam conflict. COINAGE OF MEDALS

SEC. 3. (a) The Secretary of the Treasury shall design, coin, and sell a medal in honor of the members and former members of the Armed Forces of the United States who served in the Vietnam conflict, (b) The Secretary shall offer such medals for sale in a manner designed to elicit as much public response as possible. (c) Such medals shall be sold at a price sufficient to cover the cost of such medals, including labor, materials, dies, use of machinery, and marketing and overhead expenses. DESIGN OF MEDAL

SEC. 4. (a) The Secretary shall encourage and consider the submission of designs for the medal from Vietnam veterans, medallic artists, and other interested parties. (b) In selecting a design for the medal, the Secretary shall solicit and consider the views of bona fide organizations which are comprised, in whole or in part, of Vietnam veterans and which represent the views of Vietnam veterans. (c) The Secretary shall not coin medals of any design which has not been approved by the Commission of Fine Arts.

Qct 30 1984 [H.R. 1870]

Vietnam

Veterans National Medal Act.

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Page:United States Statutes at Large Volume 98 Part 3.djvu/552

 98 STAT. 2924

PUBLIC LAW 98-566—OCT. 30, 1984

SEC. 5. The medals provided for in this Act are national medals for purposes of section 5111 of title 31, United States Code. Approved October 30, 1984.

LEGISLATIVE HISTORY—H.R. 1870: CONGRESSIONAL RECORD: Vol. 129 (1983): Oct. 17, 18, considered and passed House. Vol. 130 (1984): Oct. 9, considered and passed Senate.

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Page:United States Statutes at Large Volume 98 Part 3.djvu/553

 PUBLIC LAW 98-567—OCT. 30, 1984

STAT. 2925

Public Law 98-567 98th Congress An Act To establish an interagency committee and a technical study group on cigarette safety.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That this Act may be cited as the "Cigarette Safety Act of 1984". SEC. 2. (a) There is established the Interagency Committee on Cigarette and Little Cigar Fire Safety (hereinafter in this Act referred to as the "Interagency Committee") which shall consist of— (1) the Chairman of the Consumer Product Safety Commission, who shall be the Chairman of the Interagency Committee; (2) the United States Fire Administrator in the Federal Emergency Management Agency, who shall be the Vice Chairman of the Interagency Committee; and (3) the Assistant Secretary of Health in the Department of Health and Human Services. (b) The Interagency Committee shall direct, oversee, and review the work of the Technical Study Group on Cigarette and Little Cigar Fire Safety (established under section 3) conducted under section 4 and shall make such policy recommendations to the Congress as it deems appropriate. The Interagency Committee may retain and contract with such consultants as it deems necessary to assist the Study Group in carrying out its functions under section 4. The Interagency Committee may request the head of any Federal department or agency to detail any of the personnel of the department or agency to assist the Interagency Committee or the Study Group in carrying out its responsibilities. The authority of the Interagency Committee to enter into contracts shall be effective for any fiscal year only to such extent or in such amounts as are provided in advance by appropriation Acts. (c) For the purpose of carrying out section 4, the Interagency Committee or the Study Group, with the advice and consent of the Interagency Committee, may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence, as the Interagency Committee or the Study Group considers appropriate. SEC. 3. (a) There is established the Technical Study Group on Cigarette and Little Cigar Fire Safety (hereinafter in this Act referred to as the "Study Group") which shall consist of— (1) one scientific or technical representative each from the Consumer Product Safety Commission, the Center for Fire Research of the National Bureau of Standards, the National Cancer Institute, the Federal Trade Commission, and the Federal Emergency Management Agency, the appointment of whom shall be made by the heads of those agencies; (2) four scientific or technical representatives appointed by the Chairman of the Interagency Committee, by and with the

Oct. 30, 1984 [H.R. 1880] Cigarette Safety Act of 1984. 15 USC 2054 note. Establishment. 15 USC 2054 note.

Contracts with U.S.

Establishment. 15 USC 2054 note.

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 98 STAT. 2926

Study. 15 USC 2054 note.

Reports. 15 USC 2054 note.

Termination.

PUBLIC LAW 98-567—OCT. 30, 1984

advice and consent of the Interagency Committee, from a list of individuals submitted by the Tobacco Institute; (3) two scientific or technical representatives appointed by the Chairman of the Interagency Committee, by and with the advice and consent of the Interagency Committee, who are selected from lists of individuals submitted by the following organizations: the American Burn Association, the American Public Health Association, and the American Medical Association; (4) two scientific or technical representatives appointed by the Chairman of the Interagency Committee, by and with the advice and consent of the Interagency Committee, who are selected from lists of individuals submitted by the following organizations: the National Fire Protection Association, the International Association of Fire Chiefs, the International Association of Fire Fighters, the International Society of Fire Service Instructors, and the National Volunteer Fire Council; and (5) one scientific or technical representative appointed by the Chairman of the Interagency Committee, by and with the advice and consent of the Interagency Committee, from lists of individuals submitted by the Business and Institutional Furniture Manufacturers Association and one scientific or technical representative appointed by the Chairman, by and with the advice and consent of the Interagency Committee, from lists of individuals submitted by the American Furniture Manufacturers Association. (b) The persons appointed to serve on the Study Group may designate, with the advice and consent of the Interagency Committee, from among their number such persons to serve as team leaders, coordinators, or chairpersons as they deem necessary or appropriate to carry out the Study Group's functions under section 4. SEC. 4. The Study Group shall undertake, subject to oversight and review by the Interagency Committee, such studies and other activities as it considers necessary and appropriate to determine the technical and commercial feasibility, economic impact, and other consequences of developing cigarettes and little cigars that will have a minimum propensity to ignite upholstered furniture or mattresses. Such activities include identification of the different physical characteristics of cigarettes and little cigars which have an impact on the ignition of upholstered furniture and mattresses, an analysis of the feasibility of altering any pertinent characteristics to reduce ignition propensity, and an analysis of the possible costs and benefits, both to the industry and the public, associated with any such product modification. SEC. 5. The Interagency Committee shall submit one year after the date of enactment of this Act a status report to the Senate and the House of Representatives describing the activities undertaken under section 4 during the preceding year. The Interagency Committee shall submit a final technical report, prepared by the Study Group, to the Senate and the House of Representatives not later than thirty months after the date of enactment of this Act. The Interagency Committee shall provide to the Congress, within sixty days after the submission of the final technical report, any policy recommendations the Interagency Committee deems appropriate. The Interagency Committee and the Study Group shall terminate one month

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 PUBLIC LAW 98-567—OCT. 30, 1984 after submission of the policy recommendations prescribed by this section. SEC. 6. (a) Any information provided to the Interagency Committee or to the Study Group under section 4 which is designated as trade secret or confidential information shall be treated as trade secret or confidential information subject to section 552(b)(4) of title 5, United States Code, and section 1905 of title 18, United States Code, and shall not be revealed, except as provided under subsection (b). No member of the Study Group or Interagency Committee, and no person assigned to or consulting with the Study Group, shall disclose any such information to any person who is not a member of, assigned to, or consulting with, the Study Group or Interagency Committee unless the person submitting such information specifically and in writing authorizes such disclosure. (b) Subsection (a) does not authorize the withholding of any information from any duly authorized subcommittee or committee of the Congress, except that if a subcommittee or committee of the Congress requests the Interagency Committee to provide such information, the Chairman of the Interagency Committee shall notify the person who provided the information of such a request in writing. (c) The Interagency Committee shall, on the vote of a majority of its members, adopt reasonable procedures to protect the confidentiality of trade secret and confidential information, as defined in this section. SEC. 7. As used in this Act, the terms "cigarettes" and "little cigars" have the meanings given such terms by section 3 of the Federal Cigarette Labeling and Advertising Act. Approved October 30, 1984.

LEGISLATIVE HISTORY—H.R. 1880 (S. 1935): HOUSE REPORT No. 98-917 (Comm. on Energy and eommerce). SENATE REPORT No. 98-597 accompanying S. 1935 (Comm. on Governmental Affairs). CONGRESSIONAL RECORD, Vol. 130 (1984): Aug. 6, considered and passed House. Sept. 21, considered and passed Senate, amended, in lieu of S. 1935. Oct. 1, House concurred in Senate amendment with an amendment. Oct. 4, Senate concurred in House amendment.

STAT. 2927

Confidentiality. 15 USC 2054 note.

15 USC 2054 note.

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 98 STAT. 2928

PUBLIC LAW 98-568—OCT. 30, 1984

Public Law 98- 568 98th Congress An Act Oct. 30, 1984 [H.R. 2645]

To amend the Act of August 15, 1978, regarding the Chattahoochee River National Recreation Area in the State of Georgia.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) section 101 of the Act of August 15, 1978, entitled "An Act to authorize the establishment of the Chattahoochee River National Recreation Area in the State of Georgia, and for other purposes" (Public Law 95-344; 16 U.S.C. 460ii) is amended by adding the following at the end thereof: "For purposes of facilitating Federal technical and other support to State and local governments to assist State and local efforts to protect the scenic, recreational, and natural values of a 2,000 foot wide corridor adjacent to each bank of the Chattahoochee River and its impoundments in the 48-mile segment referred to above, such corridor is hereby declared to be an area of national concern.". 16 USC 460ii. (b) Section 101 of such Act is amended— (1) by striking out "numbered CHAT-20,000, and dated July 1976" and substituting "numbered CHAT-20,003, and dated September 1984"; and (2) by striking out "six thousand three hundred acres" and substituting "approximately 6,800 acres". 16 USC 460irl. (c) Section 102 of such Act is amended by adding the following at the end thereof: Public lands. "(f)(1) The Secretary shall exchange those federally owned lands identified on the map referenced in section 101 of this Act as 'exchange lands' for non-Federal lands which are within the boundaries of the recreation area. The values of the lands exchanged under this subsection shall be equal, or shall be equalized in the same manner as provided in section 206 of the Federal Land Policy and Management Act of 1976. Federal "(2) At three year intervals after the date of the enactment of this Register, subsection, the Secretary shall publish in the Federal Register a publication. progress report on the land exchanges which have taken place and Report. the exchanges which are likely to take place under the authority of this subsection. Such report shall identify the lands which are unsuitable for exchange pursuant to such authority. "(3) Effective on the date ten years after the date of the enactment Termination. of this subsection, the exchange authority of paragraph (1) shall terminate. The exchange lands identified under paragraph (1) which have not been exchanged prior to such date shall be retained in Federal ownership as a part of the recreation area. "(4) The Secretary shall publish a revision of the boundary map referred to in section 101 to exclude from the boundaries of the recreation area any exchange lands which are used to acquire nonFederal lands under paragraph (3).". 16 USC 460ii-3. (d) Section 104 of such Act is amended by adding the following at the end thereof:

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 PUBLIC LAW 98-568—OCT. 30, 1984

98 STAT. 2929

"(d)(1) Notwithstanding any other authority of law, any depart- Public lands. ment, agency, or instrumentality of the United States or of the State of Georgia, or any other entity which may construct any project recommended in the study entitled 'Metropolitan Atlanta Water Resources Management Study, Georgia: Report of Chief of Engineers,' dated June 1, 1982, which directly adversely impacts any lands within the authorized recreation boundaries of the Bowman's Island tract as shown on the map numbered and dated CHAT20,003, September 1984, which were in Federal ownership as of September 1, 1984, shall, upon request by the Secretary, mitigate such adverse impacts. It is expressly provided that use of or adverse impact upon any other lands within the recreation area as result of any such project shall not require mitigation. Mitigation required by this paragraph shall be provided by payment to the United States of a sum not to exceed $3,200,000. The mitigation funds paid pursuant to this paragraph shall be utilized by the Secretary for the acquisition of replacement lands. Such replacement lands shall be acquired only after consultation with the Governor of Georgia. "(2) In acquiring replacement lands under paragraph (1) priority shall be given to acquisition of lands within the recreation area boundary and those lands within or adjacent to the 2,000 foot wide corridor referred to in section 101. Any lands acquired pursuant to this subsection lying outside the boundaries of the recreation area shall, upon acquisition, be included within the recreation area and transferred to the Secretary for management under this Act. The Secretary shall publish a revised boundary map to include any lands added to the recreation area pursuant to this subsection. "(3) If lands as described in paragraph (2) are not available for acquisition, other lands within the State of Georgia may be acquired as replacement lands under paragraph (1) if such lands are transferred to the State of Georgia for permanent management for public outdoor recreation.". (e)(1) Section 105(a) of such Act is amended by striking out 16 USC 460ii-4. "$72,900,000" and substituting "$79,400,000" and by adding the following at the end thereof: "For purposes of section 7(a)(3) of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 46019(a)(3)), the statutory ceiling on appropriations under this subsection shall be deemed to be a statutory ceiling contained in a provision of law enacted prior to the convening of the Ninety-sixth Congress.". (2) Section 105(c) of such Act is amended by striking out "three years" and substituting "seven years". (3) Section 105 of such Act is further amended by adding the following new subsection at the end thereof: "(d)(1) Whenever any Federal department, agency, or instrumentality proposes to undertake any action, or provide Federal assistance for any action, or issue any license or permit for an action within the corridor referred to in section 101 which may have a direct and adverse effect on the natural or cultural resources of the recreation area, the head of such department, agency, or instrumentality shall— "(A) promptly notify the Secretary of the action at the time it is planning the action, preparing an environmental assessment regarding the action, or preparing an environmental impact statement under the National Environmental Policy Act of 1969 42 USC 4321 note. for the action; "(B) provide the Secretary a reasonable opportunity to comment and make recommendations regarding the effect of the

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 98 STAT. 2930

42 USC 4321 I'-ote.

PUBLIC LAW 98-568—OCT. 30, 1984

Federal action on the natural and cultural resources of the recreation area; and "(C) notify the Secretary of the specific decisions made in respect to the comments and recommendations of the Secretary. The requirements of this subsection shall be carried out in accordance with procedures established by the Federal agency responsible for undertaking or approving the Federal action. These procedures may utilize the procedures developed by such Agency pursuant to the National Environmental Policy Act. "(2) Following receipt of notification pursuant to paragraph (1)(A), the Secretary, after consultation with the Governor of Georgia, shall make such comments and recommendations as the Secretary deems appropriate pursuant to paragraph (1)(B) as promptly as practicable in accordance with the notifying agency's procedures established pursuant to paragraph (1)(A). In any instance in which the Secretary does not provide comments and recommendations under paragraph (1)(B), the Secretary shall notify in writing, the appropriate committees of Congress. "(3) Following receipt of the notifying agency's decisions pursuant to paragraph (1)(C), the Secretary shall submit to the appropriate committees of Congress, including the authorizing committees with primary jurisdiction for the program under which the proposed action is being taken, a copy of the notifying agency's specific decisions made pursuant to paragraph (1)(C), along with a copy of the comments and recommendations made pursuant to paragraph (I)(B). "(4) In any instance in which the Secretary has not been notified of a Federal agency's proposed action within the corridor, and on his or her own determination finds that such action may have a significant adverse effect on the natural or cultural resources of the recreation area, the Secretary shall notify the head of such Federal agency in writing. Upon such notification by the Secretary, such agency shall promptly comply with the provisions of subparagraphs (A), (B), and (C) of paragraph (1) of this subsection. "(5) Each agency or instrumentality of the United States conducting Federal action upon federally owned lands or waters which are administered by the Secretary and which are located within the authorized boundary of the recreation area shall not commence such action until such time as the Secretary has concurred in such action. "(6) The following Federal actions which constitute a major and necessary component of an emergency action shall be exempt from the provisions of this subsection— "(A) those necessary for safeguarding of life and property; "(B) those necessary to respond to a declared state of disaster; "(C) those necessary to respond to an imminent threat to national security; and "(D) those that the Secretary has determined to be not inconsistent with the general management plan for the recreation area. Actions which are part of a project recommended in the study entitled 'Metropolitan Atlanta Water Resources Management Study, Georgia: Report of Chief of Engineers', dated June 1, 1982, and any Federal action which pertains to the control of air space, which is regulated under the Clean Air Act, or which is required for maintenance or rehabilitation of existing structures or facilities shall also be exempt from the provisions of this subsection.".

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 PUBLIC LAW 98-568—OCT. 30, 1984

98 STAT. 2931

(f) Title I of such Act is amended by adding the following at the end thereof: "SEC. 106. (a) There is hereby established the Chattahoochee River National Recreation Area Advisory Commission (hereinafter in this Act referred to as the 'Advisory Commission') to advise the Secretary regarding the management and operation of the area, protection of resources with the recreation area, and the priority of lands to be acquired within the recreation area. The Advisory Commission shall be composed of the following thirteen voting members appointed by the Secretary: "(1) four members appointed from among individuals recommended by local governments— "(A) one of whom shall be recommended by the Board of County Commissioners of Forsyth County; "(B) one of whom shall be recommended by the Board of County Commissioners of Fulton County; "(C) one of whom shall be recommended by the Board of County Commissioners of Cobb County; and "(D) one of whom shall be recommended by the Board of County Commissioners of Gwinnett County; "(2) one member appointed from among individuals recommended by the Governor of Georgia; "(3) one member appointed from among individuals recommended by the Atlanta Regional Commission; "(4) four members appointed from among individuals recommended by a coalition of citizens public interest groups, recreational users, and environmental organizations concerned with the protection and preservation of the Chattahoochee River; "(5) one member appointed from among individuals recommended by the Business Council of Georgia or by a local chamber of commerce in the vicinity of the recreation area; and "(6) two members who represent the general public, at least one of whom shall be a resident of one of the counties referred to in paragraph (1). In addition, the Park Superintendent for the recreation area shall serve as a nonvoting member of the Advisory Commission. The Advisory Commission shall designate one of its members as Chairman. "(b)(l) Except as provided in paragraph (2), members of the Advisory Commission shall serve for terms of three years. Any voting member of the Advisory Commission may be reappointed for one additional three-year term. "(2) The members first appointed under paragraph (1) shall serve for a term of one year. The members first appointed under paragraphs (2), (3), (5), and (6) shall serve for a term of two years. "(c) The Advisory Commission shall meet on a regular basis. Notice of meetings and agenda shall be published in local newspapers which have a distribution which generally covers the area affected by the park. Commission meetings shall be held at locations and in such a manner as to insure adequate public involvement. "(d) Members of the Commission shall serve without compensation as such, but the Secretary may pay expenses reasonably incurred in carrying out their responsibilities under this Act on vouchers signed by the Chairman. "(e) The Advisory Commission shall terminate on the date ten years after the date of the enactment of this subsection.".

Chattahoochee River National Recreation Area Advisory Commission, establishment. 16 USC 460ii-5.

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Author:C. H. Stephens

Articles in Popular Science Monthly

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title: Author:C. H. Stephens


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 98 STAT. 2932 Effective date. 16 USC 460ii ^° ^'

PUBLIC LAW 98-568—OCT. 30, 1984

SEC. 2. Any provision of any amendment made by this Act which, directly or indirectly, authorizes the enactment of new budget authority described in section 402(a) of the Congressional Budget Act of 1974 shall be effective only for fiscal years beginning after September 30, 1984. Approved October 30, 1984.

LEGISLATIVE HISTORY—H.R. 2645: HOUSE REPORT No. 98-607 (Comm. on Interior and Insular Affairs). SENATE REPORT No. 98-633 (Comm. on Energy and Natural Resources). CONGRESSIONAL RECORD, Vol. 130 (1984): Mar. 5, considered and passed House. Oct. 3, considered and passed Senate, amended. Oct. 4, House concurred in Senate amendments.

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 PUBLIC LAW 98-569—OCT. 30, 1984 Public Law 98-569 98th Congress

98 STAT. 2933

An Act

To amend the Colorado River Basin Salinity Control Act to authorize certain additional measures to assure accomplishment of the objectives of title II of such Act, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. Section 201(b) of the Colorado River Basin Salinity Control Act (43 U.S.C. 1591(b)), hereinafter referred to as the 'Act", is amended by adding at the end thereof the following new sentence: "In determining the relative priority of implementing additional units or new self-contained portions of units authorized by section 202, the Secretary or the Secretary of Agriculture, as the case may be, shall give preference to those additional units or new selfcontained portions of units which reduce salinity of the Colorado River at the least cost per unit of salinity reduction.". SEC. 2. (a) Section 202 of the Act (43 U.S.C. 1592) is amended by inserting "(a)" after "SEC. 202.". (b) Section 202(a) of such Act, as amended by subsection (a), is amended— (1) in paragraph (1) by inserting before the period at the end thereof the following: ", and consisting of measures to replace incidental fish and wildlife values foregone"; (2) in the second sentence of paragraph (2) by inserting "replacing canals and laterals with pipe," after "canals and laterals," and by inserting "implementing other measures to reduce salt contributions from the Grand Valley to the Colorado River, and implementing measures to replace incidental fish and wildlife values foregone." after "efficient facilities"; (3) in the third sentence of paragraph (2) by inserting ", or portion thereof," after "Grand Valley unit", by striking out "agencies" and inserting in lieu thereof "non-Federal entities", by inserting ", or portions thereof," after "water distribution systems", and by striking out "all obligations" and inserting in lieu thereof "the obligations specified in subsection (b)(2)"; (4) in paragraph (2) by striking out the fourth, fifth, and sixth sentences; (5) by striking out paragraph (3) and by redesignating paragraph (4) as paragraph (3); (6) in paragraph (3) (as redesignated) by deleting the period at the end thereof and inserting ", and consisting of measures to replace incidental fish and wildlife values foregone."; and (7) by adding at the end thereof the following new paragraphs: "(4) Stage I of the Lower Gunnison Basin unit, Colorado, consisting of measures and all necessary appurtenant and associated works to reduce seepage from canals and laterals in the Uncompahgre Valley, and consisting of measures to replace incidental fish and wildlife values foregone, essentially as described in the feasibility report and final environmental statement dated February 10, 1984. Prior to initiation of construction

Oct. 30, 1984 [H.R. 2790]

Conservation. Water. Fish and fishing. Wildlife.

Contracts with U.S.

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 98 STAT. 2934

43 USC 1501 note. 43 USC 620 note.

43 USC 371 note, contracts with U.S.

Ante, p. 2933.

Reports.

PUBLIC LAW 98-569—OCT. 30, 1984

of stage I of the Lower Gunnison Basin unit, or of a portion of stage I, the Secretary shall enter into contracts through which the non-Federal entities owning, operating, and maintaining the water distribution systems, or portions thereof, in the Uncompahgre Valley, singly or in concert, will assume the obligations specified in subsection (b)(2) relating to the continued operation and maintenance of the unit's facilities. "(5) Portions of the McElmo Creek unit, Colorado, as components of the Dolores participating project, Colorado River Storage project, authorized by Public Law 90-537 and Public Law 84-485, consisting of all measures and all necessary appurtenant and associated works to reduce seepage only from the Towaoc-Highline combined canal. Rocky Ford laterals, Lone Pine lateral, and Upper Hermana lateral, and consisting of measures to replace incidental fish and wildlife values foregone. The Dolores participating project shall have salinity control as a project purpose insofar as these specific facilities are concerned: Provided, That the costs of construction and replacement of these specific facilities shall be allocated by the Secretary to salinity control and irrigation only after consultation with the State of Colorado, the Montezuma Valley Irrigation District, Colorado, and the Dolores Water Conservancy District, Colorado: And provided further, That such allocation of costs to salinity control will include only the separable and specific costs of these specific facilities and will not include any joint costs of any other facilities of the Dolores participating project. Repayment of costs allocated to salinity control shall be subject to this Act. Repayment of costs allocated to irrigation shall be subject to the Acts which authorized the Dolores participating project, the Reclamation Act of 1902, and Acts amendatory and supplementary thereto. Prior to initiation of construction of these specific facilities, or a portion thereof, the Secretary shall enter into contracts through which the non-Federal entities owning, operating, and maintaining the water distribution systems, or portions thereof, in the Montezuma Valley, singly or in concert, will assume the obligations specified in subsection (b)(2) relating to the continued operation and maintenance of the unit's facilities.". (c) Section 202 of such Act is further amended by inserting at the end thereof the following new subsections: "(b) In implementing the units authorized to be constructed pursuant to subsection (a), the Secretary shall carry out the following directions: "(1) As reports are completed describing final implementation plans for the unit, or any portion thereof, authorized by paragraph (5) of subsection (a), and prior to expenditure of funds for related construction activities, the Secretary shall submit such reports to the appropriate committees of the Congress and to the governors of the Colorado River Basin States. "(2) Non-Federal entities shall be required by the Secretary to contract for the long-term operation and maintenance of canal and lateral systems constructed pursuant to activities provided for in subsection (a): Provided, That the Secretary shall reimburse such non-Federal entities for the costs of such operation and maintenance to the extent the costs exceed the expenses that would have been incurred by them in the thorough and timely operation and maintenance of their canal and lateral

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