Page:United States Statutes at Large Volume 96 Part 1.djvu/916

 96 STAT. 874

Ante, p. 191.

20 USC 1401 note. 20 USC 1411.

20 USC 1232.

Restriction. Report to Congress.

PUBLIC LAW 97-257—SEPT. 10, 1982 for which such special message was transmitted with respect to such rescission, reservation, or deferral: Provided further, That nothing in the foregoing provisions shall permit the transfer of funding or full-time permanent positions provided for programs and activities funded in Energy and Water Development Appropriation Acts to programs or activities funded in Interior and Related Agencies Appropriation Acts or vice versa. SEC. 304. Funds appropriated by chapter VII of the Urgent Supplemental Appropriations Act of 1982, Public Law 97-216, in the amount of $18,000,000 earmarked for use for flood control and related measures on the Cowlitz and Toutle Rivers shall be obligated or expended as expeditiously as practicable due to a declared state of emergency in the State of Washington as a result of a serious threat of catastrophic flooding. SEC. 305. (a) The Congress finds that— (1) since the enactment of Public Law 94-142, the Education for All Handicapped Children Act of 1975, amending part B of the Education of the Handicapped Act, significant numbers of handicapped youngsters have been successfully brought into the Nation's educational system; (2) part B of the Education of the Handicapped Act has been consistently upheld since its enactment and any attempt to weaken the rights of handicapped children or the rights of parents of handicapped children has been rejected by the Congress; (3) handicapped children have consistently demonstrated that they can and do take full advantage of the educational opportunities afforded to them; (4) the success of part B of the Education of the Handicapped Act in States where it is in effect can be attributed in large measure to the statutory and regulatory provisions assuring the rights and participation of parents in determining the education of their children; and (5) the Department of Education has on August 4, 1982 published proposed changes in the regulations implementing part B of the Education of the Handicapped Act designed to eliminate the assurances that the rights and participation of parents and handicapped school children be recognized. Qo) It is the sense of the Congress that— (1) the proposed final regulations implementing part B of the Education of the Handicapped Act should not become effective, and should not be transmitted to the Congress under paragraph (1) of section 431(d) of the General Education Provisions Act, until— (A) after the 97th Congress has returned from the recess which is scheduled to begin in October 1982, or (B) after the 98th Congress is convened, whichever first occurs; (2) the forty-five day period specified in such paragraph (1) should begin on the day that such regulations are transmitted to the Congress in accordance with clause (1) of this subsection; and (3) paragraph (2) (except the first sentence) of section 431(d) of such Act should not apply to such forty-five day period. SEC. 306. Effective upon enactment of this Act and for the remainder of fiscal year 1983, notwithstanding any other provision of law, no funds may be paid out of the Treasury of the United States or out

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