PUBLIC LAW 96-447, 94 STAT, 1894
to authorize appropriations for
the Commission on Civil Rights for the fiscal
year 1981.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That this Act // 42 USC
1975 // may be cited as the " Civil Rights Commission Authorization Act
of 1980".
Sec. 2. Section 106 of the Civil Rights Act of 1957 (42 U.S.C.
1975e) is amended (1) by striking out "$14,000,000" and inserting in
lieu thereof "$12,600,000"; and (2) by striking out "1980" and
inserting in lieu thereof "1981".
Approved October 13, 1980.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 96 - 969 accompanying H.R. 6888 (Comm. on the
Judiciary).
SENATE REPORT No. 96 - 706 (Comm. on the Judiciary).
CONGRESSIONAL RECORD, Vol. 126 (1980):
May 20, 22, considered and passed Senate.
June 3, H.R. 6888 considered and passed House.
June 4, passage of H.R. 6888 vacated in House; S. 2511,
amended, passed in lieu.
Sept. 22, Senate concurred in House amendments with an
amendment.
Sept. 30, House concurred in Senate amendment.
PUBLIC LAW 96-446, 94 STAT, 1893
for disaster relief.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That section 601 of the
Disaster Relief Act of 1974 (42 U.S.C. 5201) is amended--,
(1) by inserting " AND ACCEPT GIFTS" after " RULES" in the
heading;
(2) by inserting "(a)" before " The President"; and
(3) by adding at the end thereof the following new subsection:
"(b) In furtherance of the purposes of this Act, the President or his
delegate may accept and use bequests, gifts, or donations of service,
money, or property, real, personal, or mixed, tangible, or intangible.
All sums received under this subsection shall be deposited in a separate
fund on the books of the Treasury and shall be available for expenditure
upon the certification of the President or his delegate. At the request
of the President of his delegate, the Secretary of the Treasury may
invest and reinvest excess monies in the fund. Such investments shall
be in public debt securities with maturities suitable for the needs of
the fund and shall bear interest at rates determined by the Secretary of
the Treasury, taking into consideration current market yields on
outstanding marketable obligations of the United States of comparable
maturities. The interest on such investments shall be credited to, and
form a part of, the fund."
Approved October 13, 1980.
LEGISLATIVE HISTORY:
HOUSE report No. 96 - 1431 (Comm. on Public Works and
Transportation).
SENATE REPORT No. 96 - 845 (Comm. on Governmental Affairs).
CONGRESSIONAL RECORD, Vol. 126 (1980):
July 21, considered and passed Senate.
Sept. 30, considered and passed House.
PUBLIC LAW 96-445, 94 STAT, 1891
the People's Republic of
China.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That section 8 of the
International Claims Settlement Act of 1949 // 22 USC 1627. // is
amended--,
(1) in subsection (e), by striking out " The" after "(e)" and
inserting in lieu thereof " Except as provided in subsection (f),
the"; and
(2) by adding at the end thereof the following:
"(f)(1) Out of sums covered after May 11, 1979, into the special fund
created pursuant to this section to receive funds paid by the People's
Republic of China, the Secretary of the Treasury is authorized and
directed to make payments on account of awards certified by the
Commission pursuant to title V // 22 USC 1643. // with respect to
claims included within the terms of the Agreement Between the Government
of the United States of America and the Government of the People's
Republic of China Concerning the Settlement of Claims, signed on May 11,
1979, in the following order of priority:
"(A) Payment in the amount of $1,000 or the principal amount of
the award, whichever is less.
"(B) Thereafter, except as provided in paragraph (2), to the
extent there remain unpaid principal balances on awards, payments
from time to time on account of the unpaid principal balance of
each remaining award which bear to such unpaid principal balance
the same proportion as the total amount available for distribution
at the time such payments are made bears to the aggregate unpaid
principal balance of all such awards.
"(C) Thereafter, payments from time to time on account of the
unpaid balance of each award of interest which bear to such unpaid
balance of interest the same proportion as the total amount
available for distribution at the time such payments are made
bears to the aggregate unpaid balance of interest of all such
awards.
"(2)(A) For the purpose of computing the payments to be made under
paragraph (1) to any claimant which was an incorporated business
enterprise on the date of nationalization or other taking of property,
the award certified by the Commission under title V shall be reduced by
the amount of Federal tax benefits derived by such claimant on account
of the losses upon which such claim was based, but in no case shall such
payments be reduced below the amount paid to such claimant on account of
such claim before the date of the enactment of this subsection. For
purposes of this subparagraph, such Federal tax benefits shall be the
amount by which the claimant's taxes in any prior taxable year or years
under chapters 1, 2 A, 2 B, 2 D, and 2 E of the Internal Revenue Code of
1939, // 53 Stat. 1, // or subtitle A of the Internal Revenue Code of
1954, // 26 USC 1. // were decreased with respect to the loss or losses
upon which the claim was based. The sum of the amounts which would
otherwise be payable but for this paragraph which are not paid to any
such claimant shall be aggregated, and the Secretary of the Treasury is
authorized and directed to make payments out of such aggregated sums in
accordance with subparagraph (B).
"(B) To the extent that there remain unpaid principal balances on
awards to claimants which were, on the date of nationalization or other
taking of property, nonprofit organizations operated exclusively for the
promotion of social welfare, religious, charitable, or educational
purposes (after payments made to such nonprofit organizations pursuant
to subparagraphs (A) and (B) of paragraph (1) are taken into account),
the Secretary of the Treasury is authorized and directed to make
payments from time to time on account of the unpaid principal balance of
each remaining award to such nonprofit organizations which bear to such
unpaid principal balance the same proportion as the total sums
aggregated pursuant to subparagraph (A) at the times such payments are
made bear to the aggregate unpaid principal balance of all such awards
to nonprofit organizations.".
Approved October 13, 1980.
LEGISLATIVE HISTORY:
CONGRESSIONAL RECORD, Vol. 126 (1980):
Sept. 30, considered and passed House.
Oct. 1, considered and passed Senate.
PUBLIC LAW 96-444, 94 STAT, 1889
Capitol to the Sergeant at
Arms and Doorkeeper of the Senate.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That (a)(1) those
employees engaged by the Architect of the Capitol under the provisos in
the paragraph beginning " Capitol garages:" under the center heading "
CAPITOL BUILDINGS AND GROUNDS" under the general heading " ARCHITECT OF
THE CAPITOL" in section 1 of the Act // 40 USC 185a. // entitled " An
Act making appropriations for the Legislative Branch of the Government
for the fiscal year ending June 30, 1933, and for other purposes",
approved June 30, 1932 (40 U.S.C. 185a), for the primary purpose of
servicing official motor vehicles, together with the functions performed
by such employees, shall, on October 1, 1980, be transferred to the
jurisdiction of the Sergeant at Arms and Doorkeeper of the Senate.
(2) For purposes of section 8339(m) of title 5, United States Code,
// 40 USC 185a // the days of unused sick leave to the credit of any
such employee as of the date such employee is transferred under
paragraph (1), shall be included in the total service of such employee
in connection with the computation of any annuity under subsections
(a)-(e) and (o) of such section.
(3) In the case of days of annual leave to the credit of any such
employee as of the date such employee is transferred under paragraph
(1), // 40 USC 185a // the Architect of the Capitol is authorized to
make a lump sum payment to each such employee for that annual leave. No
such payment shall be considered a payment or compensation within the
meaning of any law relating to dual compensation.
(b) As used in subsection (a), // 40 USC 185a. // the term
"servicing" includes, with respect to an official motor vehicle, the
washing and fueling of such vehicle, the checking of its tires and
battery, and checking and adding oil.
Sec. 2. (a) Effective October 1, 1980, // 40 USC 185a // the
Seargeant oat Arms and Doorkeeper of the Senate is authorized to appoint
and fix the compensation of four garage attendants at not to exceed
$14,100 per annum each.
(b) If, and to the extent that, positions established by subsection
(a) are first filled by individuals transferred under subsection (a)(1)
of the first section, the Sergeant at Arms and Doorkeeper of the Senate
is authorized to fix, in lieu of the compensation prescribed in
subsection (a), the compensation--,
(1) of not more than two of such positions so filled at not to
exceed $16,560 per annum each;
(2) of one of such positions so filled at not to exceed $15,485
per annum; and
(3) of one of such positions so filled at not to exceed $14,390
per annum.
Compensation fixed under this subsection for a position first filled by
an individual transferred under subsection (a)(1) of the first section
shall cease to be applicable with respect to such position on the date
that such individual first ceases to occupy such position.
(c) During any period with respect to which subsection (b) is
applicable to a position occupied by an individual described in such
subsection, such individual shall be credited, for purposes of longevity
compensation, as authorized by section 106 (a), (b), and (d) of the
Legislative Branch Appropriation Act, 1963 (2 U.S.C. 60j), for service
performed by such individual in the position of garage attendant, as an
employee of the Architect of the Capitol, as certified to the Secretary
of the Senate by the Architect of the Capitol.
Approved October 13, 1980.
LEGISLATIVE HISTORY:
SENATE REPORT No. 96 - 844 (Comm. on Rules and Administration).
CONGRESSIONAL RECORD, Vol. 126 (1980):
July 21, considered and passed Senate.
Oct. 1, considered and passed House, amended; Senate concurred
in House amendments.
PUBLIC LAW 96-443, 94 STAT, 1888
proclamation designating October
12 through October 19, 1980, as " Italian-American
Heritage Week".
Whereas the Congress fully recognizes that it is essential for the
people of the United States of America to understand and respect the
rich heritage of all American ethnic groups if we are to maintain and
foster the national unity; and
Whereas the many great contributions of Italian-Americans to our
country must be recognized and the deep Western roots of
Italian-American culture, history, and traditions must be appreciated;
and
Whereas the long recognized American holiday of Columbus Day is
celebrated on the second Monday of October to commemorate the discovery
of America by the famous Italian geographer-navigator-explorer, and this
day is of special significance to the Italian-American community as a
symbol of their essential contributions to American society as
courageous immigrants, hard-working citizens, and true American
achievers: Now, therefore, be it
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That the President is
authorized and requested to issue a proclamation designating October 12
through October 19, 1980, as " Italian-American Heritage Week" and
calling upon the people of the United States, State, and local
government agencies, and interested organizations to observe that week
with appropriate ceremonies, activities, and programs.
Approved October 13, 1980.
LEGISLATIVE HISTORY:
CONGRESSIONAL RECORD, Vol. 126 (1980):
Sept. 17, considered and passed House.
Sept. 30, considered and passed Senate.
PUBLIC LAW 96-442, 94 STAT, 1885, MANASSAS NATIONAL BATTLEFIELD PARK
AMENDMENTS OF 1980
Manassas National Battlefield
Park, Virginia, the most important historic
properties relating to the battle
of Manassas, and for other purposes", approved
April 17, 1954 (68 Stat. 56; 16
U.S.C. 429b).
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That this Act // 16 USC
429b // may be cited as the " Manassas National Battlefield Park
Amendments of 1980".
Sec. 2. The Act entitled " An Act to preserve within the Manassas
National Battlefield Park, Virginia, the most important historic
properties relating to the battle of Manassas, and for other purposes",
approved April 17, 1954 (16 U.S.C. 429b), is amended to read as follows:
" That there is established as a unit of the national park system in
the Commonwealth of Virginia the Manassas National Battlefield Park,
which shall contain within its boundaries the important historical lands
relating to the two battles of Manassas. The total area of the park
shall not be greate than four thousand five hundred and twenty-five
acres. The boundaries of the park shall be the boundaries depicted on
the map entitled ' Boundary Map, Manassas National Battlefield Park',
dated October 1980, and numbered 379/ 80,009, which shall be on file and
available for public inspection in the offices of the National Park
Service, Department of the Interior. The Secretary shall publish in the
Federal Register, as soon as practicable after the date of the enactment
of this Act, but no later than one year from the effective date of this
section, a detailed description and map of the boundaries.
Notwithstanding section 7(c) of the Land and Water Conservation Fund Act
of 1965 (91 Stat. 211), as amended (16 U.S.C. 4601), // 16 USC 460l-9.
// the Secretary may not make any changes in the boundaries of the park.
The Secretary shall administer the park in accordance with laws, rules,
and regulations applicable to the national park system.
" Sec. 2. (a) In order to effectuate the purposes of this Act, // 16
USC 429b-1. // the Secretary is authorized to acquire by donation,
purchase with donated or appropriated funds or exchange, any property or
interests therein which are located within the boundaries of the park,
except that property owned by the Commonwealth of Virginia or by any
political subdivision thereof may be acquired only by donation.
"(b) With respect to areas within the 1954 boundaries of the park, as
identified on the map referred to in the first section of this Act, the
Secretary may not acquire fee simple title to such areas without the
consent of the owner so long as the lands continue to be devoted to a
use which is the same as that in effect on September 1, 1980. Further,
if the Secretary proposes to acquire fee simple title to such property
because of a change in use, the owner of such property may seek a review
of the proposed acquisition of his or her property and is entitled to a
hearing on the record in accordance with section 554 of title 5 of the
United States Code.
"(c) If the Virginia Department of Highways and Transportation
determines that the proposed Route 234 bypass should be properly located
between the Virginia Electric Power Company powerline easement and Route
705, the Secretary shall make available the land necessary for such
bypass, subject to such revisions, terms, and conditions as the
Secretary deems are necessary and appropriate to assure that such bypass
is located, constructed, operated, and maintained in a manner consistent
with the administration of the park.
"(d) The Secretary may not close any State roads within the park
unless action permitting the closing of such roads has been taken by
appropriate officials of the Commonwealth of Virginia.
" Sec. 3. (a) Subsequent to the date of enactment of this section,
// 16 USC 429b-2. // the owner of improved property on the date of its
acquisition by the Secretary may, as a condition of such acquisition,
retain for himself and his heirs and assigns a right of use and
occupancy of the improved property for noncommercial residential
purposes for a definite term of not more than twenty-five years or for a
term ending at the death of the owner or the death of the spouse of the
owner, whichever is later. The owner shall elect the term to be
reserved. Unless this property is wholly or partially donated to the
United States, the Secretary shall pay the owner an amount equal to the
fair market value of the property on the date of its acquisition less
the value on such date of the right retained by the owner. If such
property is donated (in whole or in part) to the United Staes, the
Secretary may pay to the owner such lesser amount as the owner may agree
to. A right retained pursuant to this section shall be subject to
termination by the Secretary upon his determination that it is being
exercised in a manner inconsistent with the purposes of this Act, and it
shall terminate by operation of law upon the Secretary's notifying the
holder of the right of such determination and tendering to him an amount
equal to the fair market value of that portion of the right which
remains unexpired.
"(b) No property owner who elects to retain a right of use and
occupancy under this section shall be considered a displaced person as
defined in section 101(6) of the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970 (84 Stat. 1894). // 42 USC
4601. // Such owners shall be considered to have waived any benefits
which would otherwise accrue to them under sections 203 through 206 of
such Act. // 42 USC 4623 - 4626. //
" Sec. 4. For purposes of this Act--, // 16 USC 429b-3. //
"(1) The term 'improved property' means a detached, one--,
family dwelling, construction of which was begun before January 1,
1979, which is used for noncommercial residential purposes,
together with not to exceed three acres of land on which the
dwelling is situated and together with such additional lands or
interests therein as the Secretary deems to be reasonable
necessary for access thereto, such lands being in the same
ownership as the dwelling, together with any structures accessory
to the dwelling which are situated on such land.
"(2) The term 'park' means the Manassas National Battlefield
Park established under this Act.
"(3) The term ' Secretary' means the Secretary of the Interior.
"(4) The term 'owner' means the owner of record as of September
1, 1980.
" Sec. 5. // 16 USC 429b-4. // (a) In addition ot sums heretofore
expended for the acquisition of property and interests therein for the
park, from funds available for expenditure from the Land and Water
Conservation Fund, as established under the Land and Water Conservation
Fund Act of 1965, // 16 USC 460l-4 // not more than a total of
$8,700,000 may be expended for the acquisition of property and interests
therein under this Act.
"(b) It is the express intent of Congress that, except for property
referred to in subsection 2(b), the Secretary shall acquire property and
interests therein under this Act within two complete fiscal years after
the date of the enactment of the Manassas National Battlefield Park
Amendments of 1980.
" Sec. 6. (a) Authorizations of moneys to be appropriated under this
Act // 16 USC 429b-5. // from the Land and Water Conservation Fund for
acquisition of properties and interests shall be effective on October 1,
1981.
"(b) Notwithstanding any other provision of this Act, authority to
enter into contracts, to incur obligations, or to make payments under
this Act shall be effective only to the extent, and in such amounts as
are provided in advance in appropriation Acts.".
Sec. 3. // 16 USC 460cc // (a) The Secretary of the Interior shall
conduct a study to determine appropriate measures for the protection,
interpretation, and public use of the natural wetlands and undeveloped
uplands of that portion of the Hackensack Meadowlands District
identified as the De Korte State Park on the official zoning maps of
that District. The Secretary shall, in the course of the study, consult
with and seek the advice of, representatives of interested local, State,
and other Federal agencies. As a part of the study, the Secretary shall
determine the suitability and feasibility of establishing the area as a
unit of the national park system, including its administration as a unit
of Gateway National Recreation Area, together with alternative measures
that may be undertaken to protect and interpret the resources of the
area for the public. Not later than two complete fiscal years from the
effective date of this Act, the Secretary shall transmit a report of the
study, including the estimated development, operation, and maintenance
costs of alternatives identified therein, to the Senate Committee on
Energy and Natural Resources and the Committee on Interior and Insular
Affairs of the House of Representatives, together with his
recommendations for such furher legislation as may be appropriate.
(b) There is authorized to be appropriated from amounts previously
authorized to study lands for possible inclusion in the national park
system not to exceed $150,000 to carry out the provisions of this Act.
Approved October 13, 1980.
Act, 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 104(u)
of the Federal Water Pollution Control Act // 33 USC 1254. // is
amended--,
(1) in paragraph (1), by inserting after " September 30, 1980,"
the following: "and not to exceed $20,697,000 for the fiscal year
ending September 30, 1981, and not to exceed $22,770,000 for the
fiscal year ending September 30, 1982,";
(2) in paragraph (2), by striking out "and $3,000,000 for
fiscal year 1980" and by inserting in lieu thereof "$3,000,000 for
fiscal year 1980, $3,000,000 for fiscal year 1981, and $3,000,000
for fiscal year 1982"; and
(3) in paragraph (3), by striking out "and $1,500,000 for
fiscal year 1980" and inserting in lieu thereof "$1,500,000 for
fiscal year 1980, "$1,500,000 for fiscal year 1981, and $1,500,000
for fiscal year 1982".
(b) Section 106(a)(2) of the Federal Water Pollution Control Act //
33 USC 1256. // is amended by inserting after "1980" a comma and the
following: "$75,000,000 per fiscal year for the fiscal years 1981 and
1982".
(c) Section 112(c) of the Federal Water Pollution Control Act // 33
USC 1262. // is amended by striking out "and $7,000,000 for the fiscal
year ending September 30, 1980" and inserting in lieu thereof
"$7,000,000 for the fiscal year ending September 30, 1980, $7,000,000
for the fiscal year ending September 30, 1981, and $7,000,000 for the
fiscal year ending September 30, 1982".
(d) Section 208(f)(3) of the Federal Water Pollution Control Act //
33 USC 1288. // is amended by inserting after "1980" a comma and the
following: "and not to exceed $100,000,000 per fiscal year for the
fiscal years ending September 30, 1981, and September 30, 1982".
(e) Section 208(j)(9) of the Federal Water Pollution Control Act is
amended by striking out "and $400,000,000 for fiscal year 1980" and
inserting in lieu thereof ", $400,000,000 for fiscal year 1980,
$100,000,000 for fiscal year 1981, and $100,000,000 for fiscal year
1982".
(f) Section 314(c)(2) of the Federal Water Pollution Control Act //
33 USC 1324. // is amended by striking out "and $60,000,000 for fiscal
year 1980" and inserting in lieu thereof "$60,000,000 for fiscal year
1980, $30,000,000 for fiscal year 1981, and $30,000,000 for fiscal year
1982".
(g) Section 517 of the Federal Water Pollution Control Act // 33 USC
1376. // is amended by striking out "and $150,000,000 for the fiscal
year ending September 30, 1980" and inserting in lieu thereof
"$150,000,000 for the fiscal year ending September 30, 1980,
$150,000,000 for the fiscal year ending September 30, 1981, and
$161,000,000 for the fiscal year ending September 30, 1982".
Sec. 2. (a) Paragraph (1) of subsection (b) of section 204 of the
Federal Water Pollution Control Act // 33 USC 1284. // is amended by
striking out clause (B) in its entirety and striking out "(C)" and
inserting in lieu thereof "(B)".
(b) Subsection (b) of section 204 of the Federal Water Pollution
Control Act // 33 USC 1284. // is amended by striking out paragraph (3)
in its entirety and paragraph (6) in its entirety and renumbering
paragraphs (4) and (5) as paragraphs (3) and (4), respectively.
(c) The Administrator of the Environmental Protection Agency shall
take such action as may be necessary to remove from any grant made under
section 201(g)(1) of the Federal Water Pollution Control Act // 33 USC
1281 // after March 1, 1973, and prior to the date of enactment of this
Act, // 33 USC 1281. // any condition or requirement no longer
applicable as a result of the repeals made by subsections (a) and (b) of
this section or release any grant recipient of the obligations
established by such conditions of other requirement.
(d) Section 201(h) of the Federal Water Pollution Control Act // 33
USC 1281. // is amended by striking out the last sentence.
(e) The second sentence of section 213(d) of the Federal Water
Pollution Control Act // 33 USC 1293. // is amended by striking out
"(1) all or any portion of the funds retained by such grantee under
section 204(b)(3) of this Act, // 33 USC 1284. // and (2)".
(f)(1) Section 75(b) of the Federal Water Pollution Control Act // 33
USC 1284 // of 1977 (91 Stat. 1610) is hereby repealed.
(2) Section 75(d) of the Clean Water Act of 1977 (91 Stat. 1610) //
33 USC 1284 // is hereby repealed.
(g) The amendments made by this section // 33 USC 1281 // shall take
effect on December 27, 1977.
Sec. 3. Section 201 of the Federal Water Pollution Control Act // 33
USC 1281. // is amended by adding at the end thereof the following new
subsection:
"(k) No grant made after November 15, 1981, for a publicly owned
treatment works, other than for facility planning and the preparation of
construction plans and specifications, shall be used to treat, store, or
convey the flow of any industrial user into such treatment works in
excess of a flow per day equivalent to fifty thousand gallons per day of
sanitary waste. This subsection shall not apply to any project proposed
by a grantee which is carrying out an approved project to prepare
construction plans and specifications for a facility to treat
wastewater, which received its grant approval before May 15, 1980.".
Sec. 4. The Administrator of the Environmental Protection Agency
shall study and report to the Congress not later than March 15, 1981, on
the effect of the amendment made by section 3 on the construction of
publicly owned treatment works, industrial participation in publicly
owned treatment works, treatment of industrial discharges, and the
appropriate degree of Federal and non-Federal participation in the
funding of publicly owned treatment works.
Sec. 5. Section 206(f)(1) of the Federal Water Pollution Control Act
// 33 USC 1286. // is amended--,
(1) by striking out " In any case where all funds allotted to a
State under this title have been obligated under section 203 of
this Act"
// 33 USC 1283. //
and inserting in lieu thereof " In any case where a substantial
portion of the funds allotted to a State for the current fiscal
year under this title have been obligated under section 201(g),
// 33 USC 1281. //
or will be so obligated in a timely manner (as determined by the
Administrator)"; and
(2) by striking out the last sentence thereof and inserting in
lieu the following:
" The Administrator may not approve an application under this subsection
unless an authorization is in effect for the first fiscal year in the
period for which the application requests payment and such requested
payment for that fiscal year does not exceed the State's expected
allotment from such authorization. The Administrator shall not be
required to make such requested payment for any fiscal year--,
"(A) to the extent that such payment would exceed such State's
allotment of the amount appropriated for such fiscal year; and
"(B) unless such payment is for project which, on the basis of
an approved funding priority list of such State, is eligible to
receive such payment based on the allotment and appropriation for
such fiscal year.
To the extent that sufficient funds are not appropriated to pay the full
Federal share with respect to a project for which obligations under the
provisions of this subsection have been made, the Administrator shall
reduce the Federal share to such amount less than 75 per centum as such
appropriations do provide.".
Sec. 6. Section 203(a) of the Federal Water Pollution Control Act //
33 USC 1283. // is amended (1) by striking out "$2,000,000" and
inserting in lieu thereof "$4,000,000", and (2) by striking out
"$3,000,000" and inserting in lieu thereof "$5,000,000".
Sec. 7. Notwithstanding section 205(d) of the Federal Water
Pollution Control Act (33 U.S.C. 1285), // 33 USC 1285 // sums allotted
to the States for the fiscal year 1979 shall remain available for
obligation for the fiscal year for which authorized and for the period
of the next succeeding twenty-four months. The amount of any allotment
not obligated by the end of such thirty-six month period shall be
immediately reallotted by the Administrator on the basis of the same
ratio as applicable to sums allotted for the then current fiscal year,
except that none of the funds reallotted by the Administrator for fiscal
year 1979 shall be allotted to any State which failed to obligate any of
the funds being reallotted. Any sum made available to a State by
reallotment under this section shall be in addition to any funds
otherwise allotted to such State for grants under title II of the
Federal Water Pollution Control Act during any fiscal year. This
section shall take effect on September 30, 1980.
Sec. 8. Section 311(k) of the Federal Water Pollution Control Act //
33 USC 1321. // is amended--,
(1) by inserting "(l)" after "(k)"; and
(2) by adding the following new paragraph at the end thereof:
"(2) The Secretary of Transportation shall notify the Congress
whenever the unobligated balance of the fund is less than $12,000,000,
and shall include in such notification a recommendation for a
supplemental appropriation relating to the sums that are needed to
maintain the fund at the level provided in paragraph (1).".
Sec. 9. (a) The first sentence of section 202(a)(1) of the Federal
Water Pollution Control Act // 33 USC 1282. // is amended by striking
the period and inserting in lieu thereof a comma and the following:
"unless modified to a lower percentage rate uniform throughout a State
by the Governor of that State with the concurrence of the Administrator.
Within ninety days after the enactment of this sentence the
Administrator shall issue guidelines for concurrence in any such
modification, which shall provide for the consideration of the
unobligated balance of sums allocated to the State under section 205 of
this Act, // 33 USC 1285. // the need for assistance under this title
in such State, and the availability of State grant assistance to replace
the Federal share reduced by such modification. The payment of any such
reduced Federal share shall not constitute an obligation on the part of
the United States or a claim on the part of any State or grantee to
reimbursement for the portion of the Federal share reduced in any such
State.".
(b) The first sentence of section 202(a)(2) of the Federal Water
Pollution Control Act // 33 USC 1282. // is amended by inserting before
the period a comma and the following: "unless modified by the Governor
of the State with the concurrence of the Administrator to a percentage
rate no less than 15 per centum greater than the modified uniform
percentage rate in which the Administrator has concurred pursuant to
paragraph (1) of this subsection".
Sec. 10. Title I of the Federal Water Pollution Control Act is
amended by adding at the end thereof the following new section:
" Sec. 116. // 33 USC 1266. // (a) The Administrator is authorized
to enter into contracts and other agreements with the State of New York
to carry out a project to demonstrate methods for the selective removal
of polychlorinated biphenyls contaminating bottom sediments of the
Hudson River, treating such sediments as required, burying such
sediments in secure landfills, and installing monitoring systems for
such landfills. Such demonstration project shall be for the purpose of
determining the feasibility of indefinite storage in secure landfills of
toxic substances and of ascertaining the improvement of the rate of
recovery of a toxic contaminated national waterway. No pollutants
removed pursuant to this paragraph shall be placed in any landfill
unless the Administrator first determines that disposal of the
pollutants in such landfill would provide a higher standard of
protection of the public health, safety, and welfare than disposal of
such pollutants by any other method including, but not limited to,
incineration or a chemical destruction process.
"(b) The Administrator is authorized to make grants to the State of
New York to carry out this section from funds allotted to such State
under section 205(a) of this Act, // 33 USC 1285. // except that the
amount of any such grant shall be equal to 75 per centum of the cost of
the project and such grant shall be made on condition that non-Federal
sources provide the remainder of the cost of such project. The
authority of this section shall be available until September 30, 1983.
Funds allotted to the State of New York under section 205(a) shall be
available under this subsection only to the extent that funds are not
available, as determined by the Administrator, to the State of New York
for the work authorized by this section under section 115 or 311 of this
Act // 33 USC 1265, 1321. // or a comprehensive hazardous substance
response and clean up fund. Any funds used under the authority of this
subsection shall be deducted from any estimate of the needs of the State
of New York prepared under section 616(b) of this Act. The
Administrator may not obligate or expend more than $20,000,000 to carry
out this section.".
Sec. 11. The first sentence of section 205(g)(1) of the Federal
Water Pollution Control Act // 33 USC 1285. // is amended by inserting
"of the amount authorized under section 207 of this title for purposes"
after "2 per centum".
Sec. 12. // 33 USC 1257a. // The Administrator of the Environmental
Protection Agency is authorized to make grants to States to undertake a
demonstration program for the cleanup of State-owned abandoned mines
which can be used as hazardous waste disposal sites. The State shall
pay 10 per centum of project costs. At a minimum, the Administrator
shall undertake projects under such program in the States of Ohio,
Illinois, and West Virginia. There are authorized to be appropriated
$10,000,000 per fiscal year for each of the fiscal years ending
September 30, 1982, September 30, 1983, and September 30, 1984, to carry
out this section. Such projects shall be undertaken in accordance with
all applicable laws and regulations.
Approved October 21, 1980.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 96 - 490 (Comm. on Interior and Insular Affairs).
SENATE REPORT No. 96 - 968 (Comm. on Energy and Natural Resources).
CONGRESSIONAL RECORD:
Vol. 125 (1979): Oct. 9, considered and passed House.
Vol. 126 (1980): Sept. 29, considered and passed Senate,
amended. Sept. 30, House concurred in certain Senate amendments
and in other with amendments. Oct. 1, Senate concurred in House
amendments.
LEGISLATIVE HISTORY:
SENATE REPORT No. 96 - 744 (Comm. on Environment and Public Works).
CONGRESSIONAL RECORD, Vol. 126 (1980):
June 25, considered and passed Senate.
Oct. 1, considered and passed House, amended; Senate concurred
in House amendment.
PUBLIC LAW 96-441, 94 STAT, 1884
the Museum of History and
Technology of the Smithsonian Institution as the
National Museum of American
Art and the National Museum of American History,
respectively.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the bureau of the
Smithsonian Institution designated as the National Collection of Fine
Arts by section 6(c) of the joint resolution entitled " Joint Resolution
providing for the construction and maintenance of a National Gallery of
Art", approved March 24, 1937 (U.S.C. 71 note), shall be known as the "
National Museum of American Art".
Sec. 2. The Bureau of the Smithsonian Institution known as the
Museum of History and Technology and so referred to in the Act
entitled " An Act to authorize the construction of a building for a
Museum of History and Technology for the Smithsonian Institution,
including the preparation of plans and specifications, and all other
work incidental thereto", approved June 28, 1955 (20 U.S.C. 59 note),
shall be known as the " National Museum of American History".
Sec. 3. Any reference in any law, regulation, document, or paper to
the National Collection of Fine Arts or the Museum of History and
Technology shall on and after the effective date of this Act // 20 USC
71 // be considered to be a reference to the National Museum of American
Art and the National Museum of American History, respectively.
Sec. 4. This Act // 20 USC 71 // shall take effect on the day after
the date of the enactment of this Act.
Approved October 13, 1980.
LEGISLATIVE HISTORY:
CONGRESSIONAL RECORD, Vol. 126 (1980):
Oct. 1, considered and passed House and Senate.
PUBLIC LAW 96-440, 94 STAT, 1879, PRIVACY PROTECTION ACT OF 1980
materials possessed by
persons, to provide a remedy for persons aggrieved by
violations of the provisions
of this Act, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That this Act // 42 USC
2000aa // may be cited as the " Privacy Protection Act of 1980".
Sec. 101. (a) Notwithstanding any other law, it shall be unlawful
for a government officer or employee, in connection with the
investigation or prosecution of a criminal offense, to search for or
seize any work product materials possessed by a person reasonably
believed to have a purpose to disseminate to the public a newspaper,
book, broadcast, or other similar form of public communication, in or
affecting interstate or foreign commerce; but this provision shall not
impair or affect the ability of any government officer or employee,
pursuant to otherwise applicable law, to search for or seize such
materials, if--,
(1) there is probable cause to believe that the person
possessing such materials has committed or is committing the
criminal offense to which the materials relate: Provided,
however, That a government officer or employee may not search for
or seize such materials under the provisions of this paragraph if
the offense to which the materials relate consists of the receipt,
possession, communication, or withholding of such materials or the
information contained therein (but such a search or seizure may be
conducted under the provisions of this paragraph if the offense
consists of the receipt, possession, or communication of
information relating to the national defense, classified
information, or restricted data under the provisions of section
793, 794, 797, or 798 of title 18, United States Code, or section
224, 225, or 227 of the Atomic Energy Act of 1954 (42 U.S.C. 2274,
2275, 2277), or section 4 of the Subversive Activities Control Act
of 1950 (50 U.S.C. 783)); or
(2) there is reason to believe that the immediate seizure of
such materials is necessary to prevent the death of, or serious
bodily injury to, a human being.
(b) Notwithstanding any other law, it shall be unlawful for a
government officer or employee, in connection with the investigation or
prosecution of a criminal offense, to search for or seize documentary
materials, other than work product materials, possessed by a person in
connection with a purpose to disseminate to the public a newspaper,
book, broadcast, or other similar form of public communication, in or
affecting interstate or foreign commerce; but this provision shall not
impair or affect the ability of any government officer or employee,
pursuant to otherwise applicable law, to search for or seize such
materials, if--,
(1) there is probable cause to believe that the person
possessing such materials has committed or is committing the
criminal offense to which the materials relate: Provided,
however, That a government officer or employee may not search for
or seize such materials under the provisions of this paragraph if
the offense to which the materials relate consists of the receipt,
possession, communication, or withholding of such materials or the
information contained therin (but such a search or seizure may be
conducted under the provisions of this paragraph if the offense
consists of the receipt, possession, or communication of
information relating to the national defense, classified
information, or restricted data under the provisions of section
793, 794, 797, or 798 of title 18, United States Code, or section
224, 225, or 227 of the Atomic Energy Act of 1954 (42 U.S.C. 2274,
2275, 2277), or section 4 of the Subversive Activities Control Act
of 1950 (50 U.S.C. 783));
(2) there is reason to believe that the immediate seizure of
such materials is necessary to prevent the death of, or serious
bodily injury to, a human being;
(3) there is reason to believe that the giving of notice
pursuant to a subpena duces tecum would result in the destruction,
alteration, or concealment of such materials; or
(4) such materials have not been produced in response to a
court order directing compliance with a subpena duces tecum,
and--,
investigation
or trial occasioned by further proceedings relating to
the subpena would threaten the interests of justice.
(c) In the event a search warrant is sought pursuant to paragraph
(4)(B) of subsection (b), the person possessing the materials shall be
afforded adequate opportunity to submit an affidavit setting forth the
basis for any contention that the materials sought are not subject to
seizure.
Sec. 105. This Act // 42 USC 2000aa-5. // shall not impair or
affect the ability of a government officer or employee, pursuant to
otherwise applicable law, to conduct searches and seizures at the
borders of, or at international points of, entry into the United States
in order to enforce the customs laws of the United States.
Sec. 106. (a) A person aggrieved by a search for or seizure of
materials in violation of this Act // 42 USC 2000aa-6. // shall have a
civil cause of action for damages for such search or seizure--,
(1) against the United States, against a State which has waived
its sovereign immunity under the Constitution to a claim for
damages resulting from a violation of this Act, or against any
other governmental unit, all of which shall be liable for
violations of this Act by their officers or employees while acting
within the scope or under color of their office or employment;
and
(2) against an officer or employee of a State who has violated
this Act while acting within the scope or under color of his
office or employment, if such State has not waived its sovereign
immunity as provided in paragraph (1).
(b) It shall be a complete defense to a civil action brought under
paragraph (2) of subsection (a) that the officer or employee had a
reasonable good faith belief in the lawfulness of his conduct.
(c) The United States, a State, or any other governmental unit liable
for violations of this Act under subsection (a)(1), may not assert as a
defense to a claim arising under this Act the immunity of the officer or
employee whose violation is complained of or his reasonable good faith
belief in the lawfulness of his conduct, except that such a defense may
be asserted if the violation complained of is that of a judicial
officer.
(d) The remedy provided by subsection (a)(1) against the United
States, a State, or any other governmental unit is exclusive of any
other civil action or proceeding for conduct constituting a violation of
this Act, against the officer or employee whose violation gave rise to
the claim, or against the estate of such officer or employee.
(e) Evidence otherwise admissible in a proceeding shall not be
excluded on the basis of a violation of this Act.
(f) A person having a cause of action under this section shall be
entitled to recover actual damages but not less than liquidated damages
of $1,000, and such reasonable attorneys' fees and other litigation
costs reasonably incurred as the court, in its discretion, may award:
Provided, however, That the United States, a State, or any other
governmental unit shall not be liable for interest prior to judgment.
(g) The Attorney General may settle a claim for damages brought
against the United States under this section, and shall promulgate
regulations to provide for the commencement of an administrative inquiry
following a determination of a violation of this Act by an officer or
employee of the United States and for the imposition of administrative
sanctions against such officer or employee, if warranted.
(h) The district courts shall have original jurisdiction of all civil
actions arising under this section.
Sec. 107. (a) " Documentary materials", as used in this Act, // 42
USC 2000aa-7. // means materials upon which information is recorded,
and includes, but is not limited to, written or printed materials,
photographs, motion picture films, negatives, video tapes, audio tapes,
and other mechanically, magentically or electronically recorded cards,
tapes, or discs, but does not include contraband or the fruits of a
crime or things otherwise criminally possessed, or property designed or
intended for use, or which is or has been used as, the means of
committing a criminal offense.
(b) " Work product materials", as used in this Act, means materials,
other than contraband or the fruits of a crime or things otherwise
criminally possessed, or property designed or intended for use, or which
is or has been used, as the means of committing a criminal offense,
and--,
(1) in anticipation of communicating such materials to the
public, are prepared, produced, authored, or created, whether by
the person in possession of the materials or by any other person;
(2) are possessed for the purposes of communicating such
materials to the public; and
(3) include mental impressions, conclusions, opinions, or
theories of the person who prepared, produced, authored, or
created such material.
(c) " Any other governmental unit", as used in this Act, includes the
District of Columbia, the Commonwealth of Puerto Rico, any territory or
possession of the United States, and any local government, unit of local
government, or any unit of State government.
Sec. 108. The provisions of this title // 42 USC 2000aa // shall
become effective on January 1, 1981, except that insofar as such
provisions are applicable to a State or any governmental unit other than
the United States, the provisions of this title shall become effective
one year from the date of enactment of this Act.
Sec. 201. (a) The Attorney General shall, within six months of date
of enactment of this Act, // 42 USC 2000aa-11. // issue guidelines for
the procedures to be employed by any Federal officer or employee, in
connection with the investigation or prosecution of an offense, to
obtain documentary materials in the private possession of a person when
the person is not reasonably believed to be a suspect in such offense or
related by blood or marriage to such a suspect, and when the materials
sought are not contraband or the fruits or instrumentalities of an
offense. The Attorney General shall incorporate in such guidelines--,
(1) a recognition of the personal privacy interests of the
person in possession of such documentary materials;
(2) a requirement that the least intrusive method or means of
obtaining such materials be used which do not substantially
jeopardize the availability or usefulness of the materials sought
to be obtained;
(3) a recognition of special concern for privacy interests in
cases in which a search or seizure for such documents would
intrude upon a known confidential relationship such as that which
may exist between clergyman and parishioner; lawyer and client;
or doctor and patient; and
(4) a requirement that an application for a warrant to conduct
a search governed by this title be approved by an attorney for the
government, except that in an emergency situation the application
may be approved by another appropriate supervisory offical if
within 24 hours of such emergency the appropriate United States
Attorney is notified.
(b) The Attorney General shall collect and compile information on,
and report annually to the Committees on the Judiciary of the Senate and
the House of Representives on the use of search warrants by Federal
officers and employees for documentary materials described in subsection
(a)(3).
Sec. 202. Guidelines issued by the Attorney General under this title
// 42 USC 2000aa-12. // shall have the full force and effect of
Department of Justice regulations and any violation of these guidelines
shall make the employee or officer involved subject to appropriate
administrative disciplinary action. However, an issue relating to the
compliance, or the failure to comply, with guidlines issued pursuant to
this title may not be litigated, and a court may not entertain such an
issue as the basis for the suppression or exlusion of evidence.
Approved October 13, 1980.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 96 - 1064 accompanying H.R. 3486 (Comm. on the
Judiciary).
SENATE REPORT No. 96 - 874 (Comm. on the Judiciary).
CONGRESSIONAL RECORD, Vol. 126 (1980):
Aug. 4, considered and passed Senate.
Sept. 22, H.R. 3486 considered and passed House; passage
vacated and S. 1790, amended, passed in lieu.
Sept. 29, Senate agreed to conference report.
Oct. 1, House agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 16, No. 42:
Oct. 14, Presidential statement.
PUBLIC LAW 96-439, 94 STAT, 1878
authorize three additional judges
for the Tax Court and to remove the age limitation on
appointments to the Tax
Court.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. THREE ADDITIONAL JUDGES FOR TAX COURT; REMOVAL OF AGE
LIMITATION.
(a) Increase in Number of Judges.--Subsection (a) of section 7443 of
the Internal Revenue Code of 1954 // 26 USC 7443. // (relating to the
number of judges on the Tax Court) is amended by striking out"16" and
inserting in lieu thereof "19".
(b) Removal Of Age Limitation.--Subsection (b) of section 7443 of
such Code (relating to appointment to the Tax Court) is amended by
striking out the last sentence.
(c) Effective Date.--The amendments made by this section // 26 USC
7443 // shall take effect on February 1,1981.
Approved October 13, 1980.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 96 - 1258 (Comm. on Ways and Means).
SENATE REPORT No.96 - 993 (Comm. on Finance).
CONGRESSIONAL RECORD, Vol. 126 (1980):
Sept. 8, considered and passed House.
Oct. 1, considered and passed Senate.
PUBLIC LAW 96-438, 94 STAT, 1871
Act.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
Section 1. The Consolidated Farm and Rural Development Act is
amended by--,
(1) in section 303(b),
// 7 USC 1923. //
amending paragraph (1) to read as follows:
limited
to, the acquisition, installation, and modification of
any
qualified nonfossil energy system located on a family
farm;
and";
// 7 USC 1932. //
striking out all
that follows "individuals" down through the end of the
sentence and inserting in lieu thereof the following:
"for the
purposes of (1) improving, developing, or financing
business,
industry, and employment and improving the economic and
environmental climate in rural communities, including
pollution
abatement and control, (2) the conservation,
development,
and use of water for aquaculture purposes in rural
areas, and (3) reducing the reliance on nonrenewable
energy
resources by encouraging the development and
construction
of solar energy systems, including the modification of
existing
systems, in rural areas. For the purposes of this
subsection,
the term 'solar energy' means energy derived from
sources (other than fossil fuels) and technologies
included in
the Federal Nonnuclear Energy Research and
Development
Act of 1974,
// 42 USC 5901 //
as amended."; and
// 7 USC 1942. //
striking out "and"
immediately before clause (10) and inserting immediately
before the period at the end of the sentence a comma
and the
following: "and (11) assisting farmers and ranchers in
reducing
their dependence on nonrenewable energy resources
through the development and construction of solar energy
systems, including the modification of existing
systems".
Sec. 2. The Consolidated Farm and Rural Development Act is amended
by--,
(1) in section 306(a)(7),
// 7 USC 1926. //
immediately after "in excess of ten thousand inhabitants, except
that", inserting the following: "(A) for the purpose of loans for
essential community facilities under subsection (a)(1) of this
section, the terms 'rural' and 'rural area' may include any area
in any city or town that has a population not in excess of twenty
thousand inhabitants; and (B)";
(2) in section 343,
// 7 USC 1991. //
inserting a new clause (3) as follows: "(3) the term
'owner-operator' shall include in the State of Hawaii the
lessee-operator of real property in any case in which the
Secretary determines that such real property cannot be acquired in
fee simple by such lessee-operator, that adequate security is
provided for the loan with respect to such real property for which
such lessee-operator applies under this title, and that there is a
reasonable probability of accomplishing the objectives and
repayment of such loan,"; and
(3) adding at the end thereof a new section 348 as follows:
" Sec. 348. Notwithstanding the provisions of this title // 7 USC
1996. // limiting the making and insuring of loans to citizens of the
United States, the Secretary may make and insure loans under this title
to aliens lawfully admitted to the United States for permanent residence
under the Immigration and Nationality Act: // 8 USC 1101 // Provided,
That no loans may be made or insured under this title to such aliens
until the Secretary issues regulations establishing the terms and
conditions under which such aliens may receive loans: Provided further,
That the Secretary shall submit the regulations to the Committee on
Agriculture of the House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the Senate at least thirty days
prior to the date the regulations are published in the Federal
Register.".
Sec. 3. (a) Section 120 of the Act of July 2, 1980 (94 Stat. 841),
is repealed.
(b) Subtitle C of the Consolidated Farm and Rural Development Act is
amended by--,
(1) amending sections 321, 322, 323, and 324 to read as
follows:
" Sec. 321. (a) The Secretary shall make and insure loans under this
subtitle to // 7 USC 1961. // (1) established farmers, ranchers, or
persons engaged in aquaculture, who are citizens of the United States,
and (2) farm cooperatives or private domestic corporations or
partnerships in which a majority interest is held by members,
stockholders, or partners who are citizens of the United States if the
cooperative, corporation, or partnership is engaged primarily in
farming, ranching, or aquaculture, where the Secretary finds that the
applicants' farming, ranching, or aquaculture operations have been
substantially affected by a natural disaster in the United States or by
a major disaster or emergency designated by the President under the
Disaster Relief Act of 1974: // 42 USC 5121 // Provided, That they have
experience and resources necessary to assure a reasonable prospect for
successful operation with the assistance of such loan and are not able
to obtain sufficient credit elsewhere.
"(b) Notwithstanding the credit elsewhere requirements of subsection
(a) of this section // 7 USC 1983. // and section 333(a) of this title,
the Secretary shall implement a program under which the Secretary may
make or insure loans under this subtitle to applicants able to obtain
sufficient credit elsewhere, subject to the other terms and conditions
for loans made or insured under this subtitle and such other terms and
conditions as the Secretary may, by regulation, prescribe.
"(c) The Secretary shall conduct the emergency loan program under
this subtitle in a manner that will foster and encourage the family farm
system of agriculture, consistent with the reaffirmation of policy and
declaration of the intent of Congress contained in section 102(a) of the
Food and Agriculture Act of 1977. // 7 USC 2266. //
"(d) For the purposes of this subtitle--,
"(1) 'aquaculture' means the husbandry of aquatic organisms
under a controlled or selected environment; and
"(2) 'able to obtain sufficient credit elsewhere' means able to
obtain sufficient credit elsewhere to finance the applicant's
actual needs at reasonable rates and terms, taking into
consideration prevailing private and cooperative rates and terms
in the community in or near which the applicant resides for loans
for similar purposes and periods of time.
" Sec. 322. (a) For the purpose of determining whether to make or
insure any loan under this subtitle, // 7 USC 1962. // the Secretary
shall take into consideration the net worth of the applicant involved,
including all the assets and liabilities of the applicant.
"(b) For the purpose of determining whether an applicant under this
subtitle is not able to obtain sufficient credit elsewhere, the
Secretary shall require at least one written indication of declination
of credit, from a legally organized lending institution within
reasonable proximity to the applicant, that specifies the reasons for
the declination: Provided, That for loans in excess of $300,000, the
Secretary shall require at least two such written declinations:
Provided further, That for loans of $300,000 or less, the Secretary may
waive the requirement of this subsection if the Secretary determines
that it would impose an undue burden on the applicant.
" Sec. 323. Loans may be made or insured under this subtitle // 7
USC 1963. // for any purpose authorized for loans under subtitle A or B
of this title // 7 USC 1922, // and for crop or livestock changes deemed
desirable by the applicant, subject to the limitations on the amounts of
loans provided in section 324(a) of this title.
" Sec. 324. (a)(1) Except as otherwise provided in paragraph (2) of
this subsection, // 7 USC 1964. // no loan made or insured under this
subtitle may exceed the amount of the actual loss caused by the disaster
or $500,000, whichever is less, for each disaster.
"(2) Through September 30, 1982, loans may be made or insured under
this subtitle in amounts in excess of the amount of actual loss (as
limited under paragraph (1) of this subsection) to applicants who are
not able to obtain sufficient credit elsewhere, within the following
limits:
"(A) Through the end of fiscal year 1980, no such loan may be
made or insured in an amount that would cause the total unpaid
principal indebtedness of the applicant for loans or portions of
loans in excess of the amount of actual loss to exceed $1,500,000;
"(B) During fiscal year 1981, no such loan may be made or
insured in an amount that would cause the total unpaid principal
indebtedness of the applicant for loans or portions of loans in
excess of the amount of actual loss to exceed $1,000,000;
"(C) During fiscal year 1982, no such loan may be made or
insured in an amount that would cause the total unpaid principal
indebtedness of the applicant for loans or portions of loans in
excess of the amount of actual loss to exceed $500,000; and
"(D) No loan or portion of a loan in excess of the amount of
actual loss that is for more than $300,000 may be made or insured
under this subtitle unless the Secretary determines that the
applicant is not able to obtain from a private or cooperative
lending agency a loan guaranteed by the Secretary under this
subtitle sufficient to finance the applicant's actual needs at
reasonable rates and terms (taking into consideration prevailing
private and cooperative rates and terms in the community in or
near which the applicant resides for loans for similar purposes
and periods of time).
"(b) Loans under this subtitle shall be at rates of interest as
follows:
"(1) For loans or portions of loans up to the amount of the
applicant's actual loss caused by the disaster, as limited under
subsection (a)(1) of this section, the interest shall be at rates
prescribed by the Secretary, but (A) if the applicant is not able
to obtain sufficient credit elsewhere, not in excess of 5 per
centum per annum, and (B) if the applicant is able to obtain
sufficient credit elsewhere, not in excess of the current average
market yield on outstanding marketable obligations of the United
States with remaining periods to maturity comparable to the
average maturities of such loans, plus an additional charge of not
to exceed 1 per centum per annum as determined by the Secretary,
and adjusted to the nearest one-eighth of 1 per centum; and
"(2) For loans or portions of loans in excess of the amount of
the applicant's actual loss caused by the disaster, as limited
under subsection (a)(1) of this section, (A) the interest for
insured loans shall be at rates prevailing in the private market
for similar loans, as determined by the Secretary, and (B) the
interest for guaranteed loans shall be at rates agreed on by the
borrower and lender, but not in excess of such rates as may be
determined by the Secretary.
"(c) For guaranteed loans under this subtitle, the Secretary may pay
interest subsidies to the lenders for those portions of the loans up to
the amount of the actual loss caused by the disaster, as limited under
subsection (a)(1) of this section. Any such subsidy shall not exceed
the difference between the interest rate being charged for loans up to
the amount of the actual loss, as established under subsection (b)(1) of
this section, and the maximum interest rate for guaranteed loans, as
established under subsection (b)(2) of this section.
"(d) All loans under this subtitle shall be repayable at such times
as the Secretary may determine, taking into account the purposes of the
loan and the nature and effect of the disaster, but not later than as
provided for loans for similar purposes under subtitles A and B of this
title, // 7 USC 1922, 1941. // and upon the full personal liability of
the borrower and upon the best security available, as the Secretary may
prescribe: Provided, That the security is adequate to assure repayment
of the loans, except that if such security is not available because of
the disaster, the Secretary shall (1) accept as security such collateral
as is available, a portion or all of which may have depreciated in value
due to the disaster and which in the opinion of the Secretary, together
with the Secretary's confidence in the repayment ability of the
applicant, is adequate security for the loan, and (2) make such loan
repayable at such times as the Secretary may determine, not later than
as provided under subtitles A and B of this title, // 7 USC 1922, 1941.
// as justified by the needs of the applicant: Provided further, That
for any disaster occurring after January 1, 1975, the Secretary, if the
loan is for a purpose described in subtitle B of this title, may make
the loan repayable at the end of a period of more than seven years, but
not more than twenty years, if the Secretary determines that the need of
the loan applicant justifies such a longer repayment period: Provided
further, That for any direct or insured loan (other than a guaranteed
loan) approved under section 321(b) of this title, // 7 USC 1961. //
three years after the loan is made or insured, and every two years
thereafter for the term of the loan, the Secretary shall review the
loan; and if, based on such review, the Secretary determines that the
borrower is able to obtain a loan from non-Federal sources at reasonable
rates and terms for loans for similar purposes and periods of time, the
borrower shall on request by the Secretary, apply for and accept such
non-Federal loan in sufficient amount to repay the Secretary.
"(e) Any political subdivision of a State with a population of less
than ten thousand inhabitants that, if such subdivision had a population
of ten thousand or more inhabitants, would be eligible for a grant under
the first title of the Community Emergency Drought Relief Act of 1977 //
42 USC 5184. // shall be eligible for a grant under the Consolidated
Farm and Rural Development Act // 7 USC 1921 // during any period in
which the Community Emergency Drought Relief Act of 1977 is or has been
in effect."; and
(2) amending section 330
// 7 USC 1971. //
to read as follows:
" Sec. 330. Subsequent loans to continue the farming, ranching, or
aquaculture operation may be made under this subtitle on an annual
basis, for not to exceed two additional years, to eligible borrowers,
subject to the limits on loans and the rates of interest established
under section 324 of this title.".
(c) Section 333(b) of the Consolidated Farm and Rural Development Act
// 7 USC 1983. // is amended by striking out "321(b)(2)" wherever it
appears and inserting in lieu thereof "321(a)(2)".
(d) The amendments to subtitle C of the Consolidated Farm and Rural
Development Act // 7 USC 1961. // made by subsection (b) of this
section // 7 USC 1961. // shall be effective with respect to loans
approved by the Secretary of Agriculture under subtitle C after the date
of enactment of this Act, except that, for borrowers with loans
outstanding under subtitle C as of December 15, 1979--,
(1) the limits on loans under section 324 of the Consolidated
Farm and Rural Development Act made by subsection (b)(1) of this
section, and
(2) the reduction in the time limit on subsequent emergency
loans under section 330 of the Consolidated Farm and Rural
Development Act made by subsection (b)(2) of this section
shall not apply to subsequent emergency loans under section 330 (as in
effect on the date preceding the date of enactment of this Act) that are
made to such borrowers for the disasters for which the borrowers
obtained loans under subtitle C prior to December 16, 1979.
RURAL
DEVELOPMENT ACT
Sec. 4. Section 346 of the Consolidated Farm and Rural Development
Act // 7 USC 1994. // is amended by inserting "(a)" after " Sec. 346"
and adding at the end thereof new subsections (b) and (c) as follows:
"(b)(1) Loans for each of the fiscal years 1980, 1981, and 1982
are authorized to be insured, or made to be sold and insured, or
guaranteed under the Agricultural Credit Insurance Fund as
follows:
transfer 25
per centum of such amounts between categories, and
$100,000,000 for water development, use, and
conservation
loans of which $90,000,000 may be for insured loans and
$10,000,000 may be for guaranteed loans with authority
to
transfer 25 per centum of such amounts between
categories;
may
be for guaranteed loans with authority to transfer 25
per
centum of such amounts between categories; and
disasters. Not more than 75 per centum of the insured loans
authorized for farm ownership purposes and not more than 75 per
centum of the insured loans authorized for farm operating purposes
may be for applicants other than low-income, limited-resource
borrowers.
"(2) Loans for each of the fiscal years 1980, 1981, and 1982
are authorized to be insured, or made to be sold and insured, or
guaranteed under the Rural Development Insurance Fund as follows:
loans, $1,000,000,000;
which
$100,000,000 may be for insured loans and $1,400,000,000
may be for guaranteed loans with authority to transfer
amounts between categories; and
"(c) The Secretary shall develop long-term cost projections for
loan program authorizations required under subsection (a) of this
section. Each such projection shall include analyses of (1) the
long-term costs of the lending levels that the Secretary requests
to be authorized under subsection (a) of this section and (2) the
long-term costs for increases in lending levels beyond those
requested to be authorized, based on increments of $10,000,000 or
such other levels as the Secretary deems appropriate. Long-term
cost projections for the three-year period beginning with fiscal
year 1983 and each three-year period thereafter shall be submitted
to the House Committee on Agriculture, the House Committee on
Appropriations, the Senate Committee on Agriculture, Nutrition,
and Forestry, and the Senate Committee on Appropriations at the
time the requests for authorizations for those periods are
submitted to Congress. Not later than fifteen days after the date
of enactment of this subsection the Secretary shall submit to such
committees long-term cost projections covering authorized lending
levels for the loan programs for fiscal years 1981 and 1982.".
Approved October 13, 1980.
LEGISLATIVE HISTORY:
HOUSE REPORTS: No. 96 - 153 and No. 96 - 153, Pt. 2, accompanying
H.R. 3683 (Comm. on Agriculture) and No. 96 - 1394 (Comm. of
Conference).
SENATE REPORT No. 96 - 168 (Comm. on Agriculture, Nutrition, and
Forestry).
CONGRESSIONAL RECORD,
Vol. 125 (1979): May 23, considered and passed Senate. Oct.
24, H.R. 3683 considered and passed House; passage vacated and S.
985, amended, passed in lieu. Dec. 14, Senate concurred in House
amendments with amendments.
Vol. 126 (1980): Sept. 30, Senate agreed to conference report.
Oct. 1, House agreed to conference report.
PUBLIC LAW 96-437, 94 STAT, 1870
permit grain delivered to
export elevators by any means of conveyance other than
barge to be transferred
into such export elevators without official weighing,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That section 3 of the
United States Grain Standards Act (7 U.S.C. 71 et seq.) // 7 USC 75. //
is amended by--,
(1) in subsection (aa) striking out the period and inserting in
lieu thereof "; and", and
(2) adding at the end thereof the following new subsection:
"(bb) the term 'intracompany shipment' means the shipment,
within the United States, of grain lots between facilities owned
or controlled by the person owning the grain. The shipment of
grain owned by a cooperative, from a facility owned by that
cooperative, to an export facility which it jointly owns with
other cooperatives, qualifies as an intracompany shipment.".
Sec. 2. Section 5(a)(2) of the United States Grain Standards Act (7
U.S.C. 77(a)) is amended to read as follows:
"(2) except as the Administrator may provide in emergency or
other circumstances which would not impair the objectives of this
Act, all other grain transferred out of and all grain transferred
into an export elevator at an export port location shall be
officially weighed in accordance with such standards or procedure:
Provided, That, unless the shipper or receiver requests that the
grain be officially weighed, intracompany shipments of grain into
an export elevator by any mode of transportation, grain
transferred into an export elevator by transportation modes other
than barge, and grain transferred out of an export elevator to
destinations within the United States shall not be officially
weighed; and".
Approved October 13, 1980.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 96 - 1166 (Comm. on Agriculture).
SENATE REPORT No. 96 - 983 (Comm. on Agriculture, Nutrition and
Forestry).
CONGRESSIONAL RECORD, Vol. 126 (1980):
Aug. 18, considered and passed House.
Sept. 30, considered and passed Senate.
PUBLIC LAW 96-436, 94 STAT, 1863
Department of Defense for
the fiscal year ending September 30, 1981, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the following sums
are appropriated, out of any money in the Treasury not otherwise
appropriated, for the fiscal year ending September 30, 1981, for
military construction functions administered by the Department of
Defense, and for other purposes, namely:
For acquisition, construction, installation, and equipment of
temporary or permanent public works, military installations, and
facilities for the Army as currently authorized in military public works
or military construction Acts, and in sections 2673, 2674, and 2675 of
title 10, United States Code, $857,834,000, of which $840,000 may be
paid for use after 1960 by the Government of the United States of land
on Roi-Namur Island, Marshall Islands District of the Trust Territories
of the Pacific Islands, as authorized by the Military Construction
Authorization Act, 1980, // 93 STAT. 1017 // to remain available until
September 30, 1985: Provided, That of this amount, not to exceed
$74,950,000 shall be available for study, planning, design, architect
and engineer services, as authorized by law, unless the Secretary of
Defense determines that additional obligations are necessary for such
purposes and notifies the Committees on Appropriations of both Houses of
Congress of his determination and the reasons therefor: And provided
further, That $4,700,000 of the funds available for planning and design
shall be available only for activities related to the conversion of
facilities to alternative fuels.
For acquisition, construction, installation, and equipment of
temporary or permanent public works, naval installations, and facilities
for the Navy as currently authorized in military public works or
military construction Acts, and in sections 2673, 2674, and 2675 of
title 10, United States Code, including personnel in the Naval
Facilities Engineering Command and other personal services necessary for
the purposes of this appropriation, $775,273,000, to remain available
until September 30, 1985: Provided, That of this amount, not to exceed
$63,790,000 shall be available for study, planning, design, architect
and engineer services, as authorized by law, unless the Secretary of
Defense determines that additional obligations are necessary for such
purposes and notifies the Committees on Appropriations of both Houses of
Congress of his determination and the reasons therefor: Provided
further, That $1,000,000 of the funds available for planning and design
shall be available only to assist State and local governments in
community impact planning for the fleet submarine support base at Kings
Bay, Georgia: And provided further, That $8,100,000 of the funds
available for planning and design shall be available only for activities
related to the conversion of facilities to alternative fuels.
For acquisition, construction, installation, and equipment of
temporary or permanent public works, military installations, and
facilities for the Air Force as currently authorized in military public
works or military construction Acts, and in sections 2673, 2674, and
2675 of title 10, United States Code, $861,125,000, to remain available
until September 30, 1985: Provided, That of this amount, not to exceed
$139,400,000 shall be available for study, planning, design, architect
and engineer services, as authorized by law, unless the Secretary of
Defense determines that additional obligations are necessary for such
purposes and notifies the Committees on Appropriations of both Houses of
Congress of his determination and the reasons therefor: Provided
further, That $5,000,000 of the funds available for planning and design
shall be available only to assist State and local governments in
community impact planning in potential MX basing areas: Provided
further, That no part of the funds in this Act may be used to transfer
or move chemical or gas weapons into MX impacted areas: And provided
further, That $6,000,000 of the funds available for planning and design
shall be available only for planning and design for activities related
to the conversion of facilities to alternative fuels.
For acquisition, construction, installation, and equipment of
temporary or permanent public works, installations, and facilities for
activities and agencies of the Department of Defense (other than the
military departments), as currently authorized in military public works
or military construction Acts, and in sections 2673, 2674, and 2675 of
title 10, United States Code, $245,600,000, to remain available until
September 30, 1985; and, in addition, not to exceed $20,000,000 to be
derived by transfer from the appropriation " Research, development,
test, and evaluation, Defense Agencies" as determined by the Secretary
of Defense: Provided, That such amounts of this appropriation as may be
determined by the Secretary of Defense may be transferred to such
appropriations of the Department of Defense available for military
construction as he may designate: Provided further, That of the amount
appropriated, not to exceed $7,000,000 shall be available for study,
planning, design, architect and engineer services, as authorized by law,
unless the Secretary of Defense determines that additional obligations
are necessary for such purposes and notifies the Committees on
Appropriations of both Houses of Congress of his determination and the
reasons therefor.
For the United States share of the cost of multilateral programs for
the acquisition or construction of military facilities and installations
(including international military headquarters) for the collective
defense of the North Atlantic Treaty Area as authorized in military
construction acts, $250,000,000, to remain available until expended:
Provided, That unexpended balances of funds, as determined by the
Secretary of Defense, heretofore appropriated under the headings "
Military Construction, Army" and " Military Construction, Defense
Agencies" may be transferred to this appropriation.
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the Army
National Guard as authorized by chapter 133 of title 10, United States
Code, // 10 USC 2231 // as amended, and the Reserve Forces Facilities
Acts, $42,269,000, to remain available until September 30, 1985.
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the Air
National Guard, and contributions therefor, as authorized by chapter 133
of title 10, United States Code, as amended, and the Reserve Forces
Facilities Acts, $83,200,000, to remain available until September 30,
1985.
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the Army
Reserve as authorized by chapter 133 of title 10, United States Code, as
amended, and the Reserve Forces Facilities Acts, $43,200,000, to remain
available until September 30, 1985.
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the
reserve components of the Navy and Marine Corps as authorized by chapter
133 of title 10, United States Code, as amended, and the Reserve Forces
Facilities Acts, $33,000,000, to remain available until September 30,
1985.
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the Air
Force Reserve as authorized by chapter 133 of title 10, United States
Code, as amended, and the Reserve Forces Facilities Acts, $21,600,000,
to remain available until September 30, 1985.
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the
reserve components of the Armed Forces, $3,742,000, to be allocated by
the Secretary of Defense for the Army Reserve.
For expenses of family housing for the Army, Navy, Marine Corps, Air
Force, and Defense agencies, for construction, including acquisition,
replacement, addition, expansion, extension and alteration and for
operation, maintenance, and debt payment, including leasing, minor
construction, principal and interest charges, and insurance premiums, as
authorized by law, $2,007,893,000, to be obligated and expended in the
Family Housing Management Account established pursuant to section 501(a)
of Public Law 87 - 554, // 42 USC 1594a-1. // in not to exceed the
following amounts:
For the Army:
Construction, $82,133,000;
For the Navy and Marine Corps:
Construction, $86,786,000;
For the Air Force:
Construction, $53,575,000;
For the Defense Agencies:
Construction, $468,000;
For the Department of Defense:
Debt payment, $133,605,000;
Operation, maintenance, $1,651,326,000;
Provided, That the amounts provided under this head for construction,
and for debt payment, shall remain available until September 30, 1985:
Provided further, That funds previously appropriated under this head in
fiscal year 1979 and prior fiscal years for construction in the amount
of $400,000 for the Navy and Marine Corps, and for debt payment in the
amount of $18,251,000 for the Department of Defense shall be transferred
and merged in the Family Housing Management Account with, and be
available for the same period as, the funds appropriated in this Act for
construction and debt service for such departments and agencies, and
such funds may be obligated and expended for such purposes: Provided
further, That of the amounts appropriated for operation and maintenance,
not less than $811,711,000 shall be available only for the maintenance
of real property facilities.
Sec. 101. Funds appropriated to the Department of Defense for
construction in prior years are hereby made available for construction
authorized for each such department by the authorizations enacted into
law during the second session of the Ninety-sixth Congress.
Sec. 102. None of the funds appropriated in this Act shall be
expended for payments under a cost-plus-a-fixed-fee contract for work,
where cost estimates exceed $25,000, to be performed within the United
States, except Alaska, without the specific approval in writing of the
Secretary of Defense setting forth the reasons therefor.
Sec. 103. None of the funds appropriated in this Act shall be
expended for additional costs involved in expediting construction unless
the Secretary of Defense certifies such costs to be necessary to protect
the national interest and establishes a reasonable completion date for
each project, taking into consideration the urgency of the requirement,
the type and location of the project, the climatic and seasonal
conditions affecting the construction, and the application of economical
construction practices.
Sec. 104. None of the funds appropriated in this Act shall be used
for the construction, replacement, or reactivation of any bakery,
laundry, or drycleaning facility in the United States, its territories,
or possessions, as to which the Secretary of Defense does not certify,
in writing, giving his reasons therefor, that the services to be
furnished by such facilities are not obtainable from commercial sources
at reasonable rates.
Sec. 105. // 31 USC 638f. // Funds herein appropriated to the
Department of Defense for construction shall be available for hire of
passenger motor vehicles.
Sec. 106. // 31 USC 700b. // Funds appropriated to the Department of
Defense for construction may be used for advances to the Federal Highway
Administration, Department of Transportation, for the construction of
access roads as authorized by section 210 of title 23, United States
Code, when projects authorized therein are certified as important to the
national defense by the Secretary of Defense.
Sec. 107. None of the funds appropriated in this Act may be used to
begin construction of new bases inside the continental United States for
which specific appropriations have not been made.
Sec. 108. No part of the funds provided in this Act shall be used
for purchase of land or land easements in excess of 100 per centum of
the value as determined by the Corps of Engineers or the Naval
Facilities Engineering Command, except: (a) where there is a
determination of value by a Federal court, or (b) purchases negotiated
by the Attorney General or his designee, or (c) where the estimated
value is less than $25,000, or (d) as otherwise determined by the
Secretary of Defense to be in the public interest.
Sec. 109. None of the funds appropriated in this Act may be used to
make payments under contracts for any project in a foreign country
unless the Secretary of Defense or his designee, after consultation with
the Secretary of the Treasury or his designee, certifies to the Congress
that the use, by purchase from the Treasury, of currencies of such
country acquired pursuant to law is not feasible for the purpose,
stating the reason therefor.
Sec. 110. None of the funds appropriated in this Act shall be used
to (1) acquire land, (2) provide for site preparation, or (3) install
utilities for any family housing, except housing for which funds have
been made available in annual military construction appropriation Acts.
Sec. 111. None of the funds appropriated in this Act for minor
construction may be used to transfer or relocate any activity from one
base or installation to another, without prior notification to the
Committee on Appropriations.
Sec. 112. None of the funds appropriated or otherwise made available
under this Act shall be obligated or expended in connection with any
base realignment or closure activity, until all terms, conditions and
requirements of the National Environmental Policy Act // 42 USC 4321 //
have been complied with, with respect to each such activity.
Sec. 113. No part of the funds appropriated in this Act may be used
for the procurement of steel for any construction project or activity
for which American steel producers, fabricators, and manufacturers have
been denied the opportunity to compete for such steel procurement.
Sec. 114. None of the funds available to the Department of Defense
for military construction during the current fiscal year may be
obligated for projects under the authority of section 402 of the
Military Construction Authorization Act, 1980, // 93 Stat. 939. // or
similar provisions in prior-year military construction authorization
Acts until twenty-one days have passed after the Secretary of Defense
has notified the Committees on Appropriations of the Senate and the
House of Representatives of the purpose and estimated cost of
construction for which these funds are to be used under such
authorities.
Sec. 115. No part of the funds appropriated in this Act for dredging
in the Indian Ocean may be used for the performance of the work by
foreign contractors: Provided, That the low responsive bid of a United
States contractor does not exceed the lowest responsive bid of a foreign
contractor by greater than 20 per centum.
Sec. 116. During the current fiscal year none of the funds available
to the Department of Defense for military construction or family housing
shall be available to furnish or install solar energy systems in new
facilities (including family housing) unless such systems can be shown
to be cost effective using the sum of all capital and operating expenses
associated with the energy system of the building involved over the
expected life of such system or during a period of twenty-five years,
whichever is shorter, and using marginal fuel costs as determined by the
Secretary of Defense and at a discount rate of 7 per centum per year.
Sec. 117. No part of the funds appropriated in this Act for
construction of space transportation system facilities at Vandenberg Air
Force Base, California, may be obligated until the first rollout of the
Space Shuttle has been accomplished.
Sec. 118. No part of the funds appropriated in this Act may be
obligated for design of any site-specific facilities for the MX missile
system until all terms, conditions, and requirements of the National
Environmental Policy Act (42 U.S.C. 4332) are met, which will include a
complete analysis of a split basing alternative.
Sec. 119. No part of the funds appropriated in this Act may be used
for the design of an area security system for the MX missile system.
Sec. 120. None of the funds available to the Department of Defense
for military construction or family housing during the current fiscal
year may be used to pay real property taxes in any foreign nation.
Sec. 121. None of the funds appropriated under this Act to construct
facilities required for and associated with a Naval hospital or medical
center in San Diego, California, may be used unless such construction is
performed on real property in which the interests of the United States
is at least fee title: Provided, however, That fee title may be subject
to a reverter to the City of San Diego in the event and at such time as
the United States shall cease to use the property for a site for a Naval
hospital or medical center, and for related purposes.
Sec. 122. No part of the funds appropriated in this Act may be used
to pay the compensation of an officer of the Government of the United
States or to reimburse a contractor for the employment of a person for
work in the continental United States by any such person if such person
is an alien who has not been lawfully admitted to the United States.
Sec. 123. The expenditure of any appropriation under this Act for
any consulting service through procurement contract, pursuant to 5 U.S.
C. 3109, shall be limited to those contracts where such expenditures are
a matter of public record and available for public inspection, except
where otherwise provided under existing law, or under existing Executive
order issued pursuant to existing law.
Sec. 124. Notwithstanding any other provision of law, any funds
appropriated to a military department or defense agency for the
construction of military projects may be obligated for a military
construction project or contract, or for any portion of such a project
or contract, at any time before the end of the fourth fiscal year after
the fiscal year for which funds for such project were appropriated if
the funds obligated for such project (1) are obligated from funds
available for military construction projects, and (2) do not exceed the
amount appropriated for such project, plus any amount by which the cost
of such project is increased pursuant to law.
Sec. 125. Each department and agency for which appropriations are
made under this Act shall take immediate action (1) to improve the
collection of overdue debts owed to the United States within the
jurisdiction of that department or agency; (2) to bill interest on
delinquent debts as required by the Federal Claims Collection Standards;
and (3) to reduce amounts of such debts written off as uncollectible.
Sec. 126. (a) For fiscal year 1982 and thereafter, a department or
establishment--as defined in section 2 of the Budget and Accounting Act,
1921--, // 31 USC 28. 31 USC 2. // shall submit annually to the House
and Senate Appropriations Committees, as part of its budget
justification, the estimated amount of funds requested for consulting
services; the appropriation accounts in which such funds are located;
and a brief description of the need for consulting services, including a
list of major programs that require consulting services.
(b) For fiscal year 1982 and thereafter, the Inspector General of
such department or establishment, or comparable official, or if there is
no Inspector General or comparable official, the agency head or the
agency head's designee, shall submit to the Congress along with the
budget justification, an evalution of the agency's progress to institute
effective management controls and improve the accuracy and completeness
of the data provided to the Federal Procurement Data System regarding
consultant service contractual arrangements.
Sec. 127. No part of the funds appropriated in this Act may be used
for the purchase of foreign steel for the construction of the shelters
or bases of the proposed MX missile system.
This Act may be cited as the " Military Construction Appropriation
Act, 1981".
Approved October 13, 1980.
LEGISLATIVE HISTORY:
HOUSE REPORTS: No. 96 - 1097 (Comm. on Appropriations) and 96 - 1433
(Comm. of Conference).
SENATE REPORT No. 96 - 931 (Comm. on Appropriations).
CONGRESSIONAL RECORD, Vol. 126 (1980):
June 27, considered and passed House.
Sept. 17, considered and passed Senate, amended.
Sept. 30, House agreed to conference report; receded and
concurred in certain Senate amendments, in others with amendments.
Senate agreed to conference report and concurred in House
amendments.
PUBLIC LAW 96-435, 94 STAT, 1861
conveyance of the United
First Parish Church in Quincy, Massachusetts, and
authorizing the Secretary to
administer the United First Parish Church as a
national historic site, 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) in order to
preserve for the benefit, education, and inspiration of present and
future generations the church in which John Adams, John Quincy Adams,
and Abigail Adams are buried, the Secretary of the Interior (hereinafter
in this Act referred to as the " Secretary") is authorized to accept the
conveyance, without monetary consideration, of the following for
administration as part of the Adams National Historic Site in Quincy,
Massachusetts:
(1) The property known as the United First Parish Church, at
1306 Hancock Street, Quincy, Massachusetts, together with such
adjacent real property as the Secretary considers desirable.
(2) The furnishings and personal property located in the United
First Parish Church, after consultation with the chairman of the
board of the United First Parish Church and with the owners of
such furnishings and personal property.
(b) The Secretary shall administer the property acquired pursuant to
subsection (a) of this section as part of the Adams National Historic
Site in accordance with this section and the provisions of law generally
applicable to national historic sites, including the Act of August 25,
1916 (16 U.S.C. 1 et seq.) and the Act of August 21, 1935 (16 U.S.C. 461
note).
Sec. 2. Prior to accepting the donation of any or all of the
property referred to in section 1 above, the Secretary shall submit,
after consultation with the Attorney General of the United States, a
report to the Committee on Energy and Natural Resources of the United
States Senate and to the Committee on Interior and Insular Affairs of
the United States House of Representatives describing the measures which
the Secretary intends to take to ensure that in the management of said
property there is no violation of the constitutional provisions
regarding the separation of church and state.
Sec. 3. Effective on October 1, 1981, there are authorized to be
appropriated such sums as may be necessary to carry out the provisions
of this Act. Notwithstanding any other provision of this Act, authority
to enter into contracts, to incur obligations, or to make payments under
this Act shall be effective only to the extent, and in such amounts, as
are provided in advance in appropriation Acts.
Approved October 10, 1980.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 96 - 141 (Comm. on Interior and Insular Affairs).
CONGRESSIONAL RECORD, Vol. 126 (1980):
Aug. 25, considered and passed House.
Sept. 30, considered and passed Senate.
PUBLIC LAW 96-434, 94 STAT, 1859
Court of Claims any claims against
the United States for damages for delay in payment
for lands claimed to be taken
in violation of the United States Constitution, 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. Notwithstanding sections 2401 and 2501 of title 28,
United States Code, and section 12 of the Indian Claims Commission Act
of August 13, 1946 (60 Stat. 1052; 25 U.S.C. 70k), and notwithstanding
the lapse of time, statutes of limitations, or the defense of res
judicata or collateral estoppel, or any other provisions of law,
jurisdiction is hereby conferred upon the Court of Claims to hear,
determine, and render judgment on any claim filed by the Assiniboine
Nation or Tribe within one year from the date of this Act for the taking
under the fifth amendment of the Constitution of the six million four
hundred and seventy-seven thousand nine hundred and forty acres of land
defined as the territory of the Assiniboine Nation in the Treaty of Fort
Laramie of September 17, 1851 (11 Stat. 749), to which the Assiniboine
Nation and the United States were parties, being the same land
determined by the Court of Claims to have an average value of 50 cents
per acre for a total of $3,238,970 in Assiniboine Indian Tribe versus
United States (77 Ct. Cl. 347) (1933), appeal dismissed and certiorari
denied (292 U.S. 606) (1934) (hereinafter "prior case"): Provided, That
the value of the land fixed at an average of 50 cents per acre in the
prior case shall be binding on the parties in any suit brought under
this Act.
Sec. 2. If the Court of Claims determines that the claimant is
entitled to just compensation under the fifth amendment, the Court shall
enter an award computed on the basis of established judicial precedent:
Provided, however, That as a measure of just compensation the Court
shall compute interest at the rate of 5 per centum per annum. In
calculating any award due claimant, the Court shall treat the amount of
$2,492,319, that portion of offsets in the prior case that represents
the tribe's own funds, as if that sum had not been offset in the prior
case: Provided further, That the court shall give appropriate credit to
the United States for that portion of the $2,492,319, to wit the amount
of $1,242,796 paid to the tribe by the Act of January 8, 1971 (84 Stat.
1981), in satisfaction of the judgment of the Indian Claims Commission
in Assiniboine Tribes against United States, Numbered 279 A, affirmed
192 Ct. Cl. 679 (1970). No offsets, including gratuities, subsequent to
the terminal date of the accounting in the prior case shall be allowed
or deducted from any judgment entered under authority of this Act,
except that the United States shall be entitled to an offset, against
any judgment entered under authority of this Act, of the sum of money,
if any, awarded as a judgment in the prior case.
Sec. 3. The provisions of section 15 of the Act of August 13, 1946
(60 Stat. 1053; 25 U.S.C. 70n), shall be applicable with respect to any
claim filed pursuant to this Act in the same manner and to the same
extent as if such claim were pending before the Indian Claims Commission
except that the functions of the Commission shall be performed by the
Court of Claims.
Sec. 4. The provisions of the Act of November 4, 1963 (77 Stat.
301; 25 U.S.C. 70n-1 - 7), shall be applicable with respect to any
claim filed pursuant to this Act in the same manner and to the same
extent as if such claim were pending before the Indian Claims Commission
except that reference to the Commission shall be deemed to be to the
Court of Claims.
Approved October 10, 1980.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 96 - 1358 (Comm. on Interior and Insular Affairs).
SENATE REPORT No. 96 - 835 (Select Comm. on Indian Affairs and Comm.
on the Judiciary).
CONGRESSIONAL RECORD, Vol. 126 (1980):
July 21, considered and passed Senate.
Sept. 29, considered and passed House, amended.
Sept. 30, Senate concurred in House amendments.
PUBLIC LAW 96-433, 94 STAT, 1855
increase the amount of protection
available under such Act to customers of brokers and
dealers, and to provide
for the applicability of the Right to Financial
Privacy Act of 1978 to the Securities
and Exchange Commission.
Be itenacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
Section 1. Section 9(a) of the Securities Investor Protection Act
(15 U.S.C. 78fff-3(a)) is amended--,
(1) by striking out "$100,000" and inserting in lieu thereof
"$500,000"; and
(2) in paragraph (1), by striking out "$40,000" and inserting
in lieu thereof "$100,000".
OF 1978
Sec. 2. Section 1122 of the Right to Financial Privacy Act of 1978
(12 U.S.C. 3422) is amended to read as follows:
" Sec. 1122. Except as provided in the Securities Exchange Act of
1934, this Act // 15 USC 78a. // shall apply with respect to the
Securities and Exchange Commission.".
Sec. 3. Section 21 of the Securities Exchange Act of 1934 (15 U.S.
C. 78u) is amended by adding at the end thereof the following:
"(h)(1) The Right to Financial Privacy Act of 1978 // 12 USC 3401 //
shall apply with respect to the Commission, except as otherwise provided
in this subsection.
"(2) Notwithstanding section 1105 or 1107 of the Right to Financial
Privacy Act of 1978, // 12 USC 3405, 3407. // the Commission may have
access to and obtain copies of, or the information contained in
financial records of a customer from a financial institution without
prior notice to the customer upon an ex parte showing to an appropriate
United States district court that the Commission seeks such financial
records pursuant to a subpena issued in conformity with the requirements
of section 19(b) of the Securities Act of 1933, // 15 USC 77s. //
section 21(b) of the Securities Exchange Act of 1934, // 15 USC 78u. //
section 18(c) of the Public Utility Holding Company Act of 1935, // 15
USC 79r. // section 42(b) of the Investment Company Act of 1940, // 15
USC 80a-41. // or section 209(b) of the Investment Advisers Act of
1940, // 15 USC 80b-9. // and that the Commission has reason to believe
that--,
"(A) delay in obtaining access to such financial records, or
the required notice, will result in--,
territorial
limits of the United States;
or
trace the source or disposition of funds involved in any
securities transaction;
"(B) such financial records are necessary to identify or trace
the record or beneficial ownership interest in any security;
"(C) the acts, practices or course of conduct under
investigation involve--,
or
the failure to make disclosures required under the
securities
laws, which remain uncorrected; or
protected
under the securities laws which remains substantially
uncompensated; or
"(D) the acts, practices or course of conduct under
investigation--,
securities;
or
investment
intermediary.
"(3) Any application under paragraph (2) for a delay in notice shall
be made with reasonable specificity.
"(4)(A) Upon a showing described in paragraph (2), the presiding
judge or magistrate shall enter an ex parte order granting the requested
delay for a period not to exceed ninety days and an order prohibiting
the financial institution involved from disclosing that records have
been obtained or that a request for records has been made.
"(B) Extensions of the period of delay of notice provided in
subparagraph (A) of up to ninety days each may be granted by the court
upon application, but only in accordance with this subsection or section
1109(a), (b)(1), or (b)(2) of the Right to Financial Privacy Act of
1978. // 12 USC 3409. //
"(C) Upon expiration of the period of delay of notification ordered
under subparagraph (A) or (B), the customer shall be served with or
mailed a copy of the subpena insofar as it applies to the customer
together with the following notice which shall describe with reasonable
specificity the nature of the investigation for which the Commission
sought the financial records:
" Records or information concerning your transactions which are held
by the financial institution named in the attached subpena were supplied
to the Securities and Exchange Commission on (date). Notification was
withheld pursuant to a determination by the (title of court so ordering)
under section 21(h) of the Securities Exchange Act of 1934 // 15 USC
78u. // that (state reason). The purpose of the investigation or
official proceeding was (state purpose).'.
"(5) Upon application by the Commission, all proceedings pursuant to
paragraphs (2) and (4) shall be held in camera and the records thereof
sealed until expiration of the period of delay or such other date as the
presiding judge or magistrate may permit.
"(6) The Commission shall compile an annual tabulation of the
occasions on which the Commission used each separate subparagraph or
clause of paragraph (2) of this subsection or the provisions of the
Right to Financial Privacy Act of 1978 // 12 USC 3401 // to obtain
access to financial records of a customer and include it in its annual
report to the Congress. Section 1121(b) of the Right to Financial
Privacy Act of 1978 // 12 USC 3421. // shall not apply with respect to
the Commission.
"(7)(A) Following the expiration of the period of delay of
notification ordered by the court pursuant to paragraph (4) of this
subsection, the customer may, upon motion, reopen the proceeding in the
district court which issued the order. If the presiding judge or
magistrate finds that the movant is the customers whom the records
obtained by the Commission pertain, and that the Commission has obtained
financial records or information contained therein in violation of this
subsection, other than paragraph (1), it may order that the customer be
granted civil penalties against the Commission in an amount equal to the
sum of--,
"(i) $100 without regard to the volume of records involved;
"(ii) any out-of-pocket damages sustained by the customer as a
direct result of the disclosure; and
"(iii) if the violation is found to have been willful,
intentional, and without good faith, such punitive damages as the
court may allow, together with the costs of the action and
reasonable attorney's fees as determined by the court.
"(B) Upon a finding that the Commission has obtained financial
records or information contained therein in violation of this
subsection, other than paragraph (1), the court, in its discretion, may
also or in the alternative issue injunctive relief to require the
Commission to comply with this subsection with respect to any subpena
which the Commission issues in the future for financial records of such
customer for purposes of the same investigation.
"(C) Whenever the court determines that the Commission has failed to
comply with this subsection, other than paragraph (1), and the court
finds that the circumstances raise questions of whether an officer or
employee of the Commission acted in a willful and intentional manner and
without good faith with respect to the violation, the Office of
Personnel Management shall promptly initiate a proceeding to determine
whether disciplinary action is warranted against the agent or employee
who was primarily responsible for the violation. After investigating
and considering the evidence submitted, the Office of Personnel
Management shall submit its findings and recommendations to the
Commission and shall send copies of the findings and recommendations to
the officer or employee or his representative. The Commission shall
take the corrective action that the Office of Personnel Management
recommends.
"(8) The relief described in paragraphs (7) and (10) shall be the
only remedies or sanctions available to a customer for a violation of
this subsection, other than paragraph (1), and nothing herein or in the
Right to Financial Privacy Act of 1978 // 12 USC 3401 // shall be deemed
to prohibit the use in any investigation or proceeding of financial
records, or the information contained therein, obtained by a subpena
issued by the Commission. In the case of an unsuccessful action under
paragraph (7), the court shall award the costs of the action and
attorney's fees to the Commission if the presiding judge or magistrate
finds that the customer's claims were made in bad faith.
"(9)(A) The Commission may transfer financial records or the
information contained therein to any government authority if the
Commission proceeds as a transferring agency in accordance with section
1112 of the Right to Financial Privacy Act of 1978, // 12 USC 3412. //
except that the customer notice required under section 1112 (b) or (c)
of such Act may be delayed upon a showing by the Commission, in
accordance with the procedure set forth in paragraphs (4) and (5), that
one or more of subparagraphs (A) through (D) of paragraph (2) apply.
"(B) The Commission may, without notice to the customer pursuant to
section 1112 of the Right to Financial Privacy Act of 1978, // 12 USC
3412. // transfer financial records or the information contained
therein to a State securities agency or to the Department of Justice.
Financial records or information transferred by the Commission to the
Department of Justice or to a State securities agency pursuant to the
provisions of this subparagraph may be disclosed or used only in an
administrative, civil, or criminal action or investigation by the
Department of Justice or the State securities agency which arises out of
or relates to the acts, practices, or courses of conduct investigated by
the Commission, except that if the Department of Justice or the State
securities agency determines that the information should be disclosed or
used for any other purpose, it may do so if it notifies the customer,
except as otherwise provided in the Right to Financial Privacy Act of
1978, // 12 USC 3401 // within 30 days of its determination, or complies
with the requirements of section 1109 of such Act regarding delay of
notice.
"(10) Any government authority violating paragraph (9) shall be
subject to the procedures and penalties applicable to the Commission
under paragraph (7)(A) with respect to a violation by the Commission in
obtaining financial records.
"(11) Notwithstanding the provisions of this subsection, the
Commission may obtain financial records from a financial institution or
transfer such records in accordance with provisions of the Right to
Financial Privacy Act of 1978.
"(12) Nothing in this subsection shall enlarge or restrict any rights
of a financial institution to challenge requests for records made by the
Commission under existing law. Nothing in this subsection shall entitle
a customer to assert any rights of a financial institution.
"(13) Unless the context otherwise requires, all terms defined in the
Right to Financial Privacy Act of 1978 which are common to this
subsection shall have the same meaning as in such Act.".
Sec. 4. The second sentence of section 21(g) of the Securities
Exchange Act of 1934 (15 U.S.C. 78u(g)) is amended by inserting "and in
subsection (h)" after "as used herein".
Sec. 5. (a) The amendments made by section 1 of this Act // 15 78u
// shall take effect on the date of enactment of this Act.
(b) The amendments made by sections 2, 3, and 4 of this Act shall
take effect on November 10, 1980. Nothing in this Act or in the Right
to Financial Privacy Act of 1978 shall apply to any Securities and
Exchange Commission subpena issued prior to such date.
Approved October 10, 1980.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 96 - 1321, Pt. I (Comm. on Interstate and Foreign
Commerce).
CONGRESSIONAL RECORD, Vol. 126 (1980):
Sept. 22, 23, considered and passed House.
Sept. 25, considered and passed Senate.
PUBLIC LAW 96-432, 94 STAT, 1851
to the United States
Capitol Grounds, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That section 1 of the
Act of July 31, 1946, as amended (40 U.S.C. 193a), // D.C. Code 9 - 118.
40 USC 193a // is amended to include within the definition of the United
States Capitol Grounds the following additional areas and portions of
streets which are situated as follows:
(1) that portion of D Street Northeast from the east curb of
Second Street Northeast to the east curb of First Street
Northeast;
(2) that portion of Second Street Northeast and Southeast from
the south curb of F Street Northeast to the south curb of C Street
Southeast;
(3) that portion of Constitution Avenue Northeast from the east
curb of Second Street Northeast to the east curb of First
Street Northeast;
(4) that portion of Pennsylvania Avenue Northwest from the west
curb of First Street Northwest to the curb of Third Street
Northwest;
(5) that portion of Maryland Avenue Southwest from the west
curb of First Street Southwest to the east curb of Third Street
Southwest;
(6) that portion of Constitute Avenue Northwest from the east
curb of Second Street Northwest to the east curb of Third Street
Northwest;
(7) that portion of Independence Avenue Southwest from the west
curb of First Street Southwest to the east curb of Third Street
Southwest;
(8) that portion of Maryland Avenue Northest from the east curb
of Second Street Northeast to the east curb of First Street
Northeast;
(9) that portion of East Capital Street from the east curb of
Second Street Southeast to the east curb of First Street
Southeast;
(10) that portion of Independence Avenue Southeast from the
east curb of Second Street Southeast to the east curb of First
Street Southeast;
(11) that portation of C Street Southeast from the east curb of
Second Street Southeast to the east curb of First Street
Southeast;
(12) that portion of North Capital Street from the south curb
of Massachusetts Avenue to the north curb of Louisiana Avenue;
(13) that portion of New Jersey Avenue Northwest from the north
curb of D Street Northwest to the north curb of Louisiana Avenue;
(14) that portion of Second Street Southwest from the north
curb of D Street to the south curb of Virginia Avenue Southwest;
(15) that portion of Virginia Avenue Southwest from the east
curb of Second Street Southwest to the west curb of Third Street
Southwest;
(16) that portion of Third Street Southwest from the south curb
of Virginia Avenue Southwest to the north curb of D Street
Southwest;
(17) that portion of D Street Southwest from the west curb of
Third Street Southwest to the east curb of Second Street
Southwest;
(18) that portion of Canal Street Southwest, including
sidewalks and traffic islands, from the south curb of Independence
Avenue Southwest to the west curb of South Capitol Steet; and
(19) all that area contiguous to, and surrounding, square
numbered 724 from the property line thereof to the contiguous
curb;
(20) those areas contiguous to, and surrounding, the areas
comprising the grounds of the United States Botanic Garden from
the property line of such grounds to the contiuous curb;
(21) all that area contiguous to, and surrounding, the
structures comprising the United States Capitol Power Plant, from
the building lines of such structures to the contiguous curbs;
and
(22) all that area contiguous to, and surrounding, square
numbered 581 from the property line thereof to the contiguous
curb.
Sec. 2. Section 1 of the Act of July 31, 1946, as amended (40 U.S.
C. 193a), // D.C. Code 9 - 118. // is amended (1) by deleting " First
Street N.E. to Second Street N.W." and inserting in lieu thereof "
Second Street Northeast to Third Street Northwest"; and (2) by
inserting immediately before the colon preceding the proviso, a comma
and the following: " Pennsylvania Avenue Northwest from First Street
Northwest to Third Street Northwest, Maryland Avenue Southwest from
First Street Southwest to Third Street Southwest, Second Street
Northwest from F Street Northeast to C Street Southeast; C Street
Southeast from Second Street Southeast to First Street Southeast; that
portion of Maryland Avenue Northeast from Second Street Northeast to
First Street Northeast; that portion of New Jersey Avenue Northwest
from D Street Northwest to Louisiana Avenue; that portion of Second
Street Southwest from the north curb of D Street to the south curb of
Virginia Avenue Southwest; that portion of Virgina Avenue Southwest
from the east curb of Second Street Southwest to the west curb of Third
Street Southwest; that portion of Third Street Southwest from the south
curb of Virginia Avenue Southwest to the north curb of D Street
Southwest; that portion of D Street Southwest from the west curb of
Third Street Southwest to the east curb of Second Street Southwest;
that portion of Canal Street Southwest, including sidewalks and traffic
islands, from the south curb of Independence Avenue Southwest to the
west curb of South Capitol Street".
Sec. 3. On and after the effective date of this section, // 40 USC
193a // that portion of C Street Northeast from the west curb of Second
Street Northeast to the east curb of First Street Northeast shall be
under the exclusive jurisdiction and control of the Capitol Police Board
and the Architect of the Capitol in the same manner and to the same
extent as such Board or the Architect of the Capitol has over other
streets comprising the Unitted States Capitol Grounds, and the Architect
of the Capitol shall be responsible for the mainteance and improvement
thereof.
Sec. 4. The foregoing provisionsd of this Act shall take effect upon
the expiration of the thirty-day period following the date of the
enactment of this Act.
Sec. 5. // 40 USC 193a, 40 USC 212a-1. // The Capitol Police Board
is authorized to detail police from the House Office, Senate Office, and
Capitol Buildings for police duty on the Capitol Grounds and on the
Library of Congress Grounds.
Sec. 6. (a) Notwithstanding any other provisions of this act, // 40
USC 193a // with respect to those squares occupied by the United States
Supreme Court and the Library of Congress, those streets or portions
thereof referred to in the first section of this Act which surround such
squares shall be considered a part of the Capitol Grounds only to the
face of the curbs contiguous to such squares.
(b) Nothing in this Act shall be construed as repealing, or otherwise
altering, modifying, affecting, or superseding those provisions of law
in effect on the date immediately preceding the date of the enactment of
this Act vesting authority in the United States Supreme Court Police and
the Library of Congress Police to make arrests in adjacent street.
(c) In order to provide a fair and reasonable transition period in
which to permit the orderly relocation of those duly licensed vendors //
40 USC 193d // operating, as of the effective date hereof, on those
portions of Pennsylvania Avenue Northwest, and Maryland Avenue
Southwest, hereby included in the definition of United States Capitol
Grounds pursuant to section 1 (4) and (5), so much of the prohibitions
contained in section 4 of the law of July 31, 1946 (60 Stat. 718), // 40
USC 193d. D.C. Code 9 - 121. // as would prvent the use of those
portions of Pennsylvania Avenue Northwest, and Maryland Avenue
Southwest, for the offer and exposure of articles for sale, shall be
suspended for a period not to exceed one year.
Sec. 7. // 40 USC 193a // (a) The Architect of the Capitol, under the
direction of the House Office Building Commission, is hereby authorized
to acquire, on behalf of the United States, by purchase, condemnation,
transfer, or otherwise, for addition to the United States Capitol
Grounds, all publicly or privately owned property contained in lot 49 in
square 582; lot 70 in square 640; and lots 1, 2, 67, 79, 80, 800, 801,
814 through 822, and 834 in square 693 in the District of Columbia
(including all alleys or parts of alleys and streets within the lotlines
and curblines surrounding such real property): Provided, That upon the
acquisition of any such real property by the Architect of the Capitol on
behalf of the United States, such property shall be subject to the
provisions of the Act of July 31, 1946 (60 Stat. 718), // 40 USC
193a-193m, 212a, 212b. D.C. Code 9 - 118 to 9 - 131. // as amended in
the same manner and to the same extent as all other areas comprising the
United States Capitol Grounds.
(b) For the purposes of this section the properties authorized to be
acquired hereunder, shall be deemed to extend to the outer face of the
curbs of the squares in which they are located.
(c) There is hereby authorized to be appropriated to the Architect of
the Capitol for the fiscal year ending September 30, 1981, the sum of
$11,500,000 for the purpose of carrying out the provisions of this
section, said appropriation to remain available until expended.
Sec. 8. The acquistion of real property under this Act // 40 USC
193a // shall be conducted in accordance with the Act entitled " Uniform
Relocation Assistance and Land Acquisition Policies Act of 1970", Public
Law 91 - 646, approved January 2, 1971, // 42 USC 4601 // and any
proceeding for condemnation brought in its course shall be conducted in
accordance with the Act entitled " An Act to provide for the acquisition
of land in the District of Columbia for the use of the United States",
approved March 1, 1929 (16 D.C. Code, secs. 1351 - 1368).
Sec. 9. // 40 USC 193a // The Architect of the Capitol is authorized
to enter into contracts and to make expenditures for grading and paving
and such other expenditures, including expenditures for personal and
other services, as may be necessary to carry out the purposes of section
7 of this Act.
Sec. 10. Any contract entered into pursuant to this Act // USC 193a
// or pursuant to any amendment made by this Act shall be effective only
to such extent and in such amounts as may be provided in advance in an
appropriation Act.
Approved October 10, 1980.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 96 - 903 (Comm. on Public Works and Transportation).
CONGRESSIONAL RECORD, Vol. 126 (1980):
Sept. 22, considered and passed House.
Sept. 24, considered and passed Senate.
PUBLIC LAW 96-431, 94 STAT, 1850
military leave be made
available for Federal employees on a fiscal year
rather than a calendar year
basis, to allow certain unused leave to accumulate for
subsequent use, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That section 6323(a) of
title 5, United States Code, is amended--,
(1) by striking out " An employee" and inserting in lieu
thereof "(1) Subject to paragraph (2) of this subsection, an
employee";
(2) by striking out "for each day, not in excess of 15 days in
a calendar year, in which he is on active duty or is engaged in
field or coast defense training" and inserting in lieu thereof the
following: "for active duty or engaging in field or coast defense
training";
(3) by adding at the end thereof the following new sentence: "
Leave under this subsection accrues for an employee or individual
at the rate of 15 days per fiscal year and, to the extent that it
is not used in a fiscal year, accumulates for use in the
succeeding fiscal year until it totals 15 days at the beginning of
a fiscal year."; and
(4) by adding at the end thereof the following new paragraph:
"(2) In the case of an employee or individual employed on a part--,
time career employment basis (as defined in section 3401(2) of this
title), the rate at which leave accrues under this subsection shall be a
percentage of the rate prescribed under paragraph (1) which is
determined by dividing 40 into the number of hours in the regularly
scheduled workweek of that employee or individual during that fiscal
year.".
Sec. 2. The amendments made by the first section of this Act // 5
USC 6323 // shall take effect October 1, 1980.
Approved October 10, 1980.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 96 - 1128 (Comm. on Post Office and Civil Service).
CONGRESSIONAL RECORD, Vol. 126 (1980):
June 30, considered and passed House.
Oct. 1, considered and passed Senate.
PUBLIC LAW 96-430, 94 STAT, 1845
American National Historic
Site in the Commonwealth of Massachusetts, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
Sec. 101. // 16 USC 461 // In order to preserve for the benefit and
inspiration of the people of the United States as a national historic
site certain historic structures and properties of outstanding national
significance located in Boston, Massachusetts, and associated with the
creation and development of a free African American community within
Beacon Hill prior to the Civil War, the Secretary of the Interior
(hereinafter in this Act referred to as the " Secretary") is authorized
to establish the Boston African American National Historic Site,
including the African American Meeting House, within the area generally
depicted on the map entitled " Boundary Map, Boston African American
National Historic Site", numbered BOAF-80,000 and dated March 1980. The
map shall be on file and available for public inspection in the offices
of the National Park Service, Department of the Interior.
Sec. 102. At such time as the Secretary determines that sufficient
properties within the boundary of the site are the subject of
cooperative agreements pursuant to section 103, he may establish the
area as the Boston African American National Historic Site. Pending
such establishment and thereafter, the site shall be administered by the
Secretary in accordance with the provisions of this Act and the
provisions of law generally applicable to the administration of national
historic sites, including the Act of August 25, 1916 (39 Stat. 535; 16
U.S.C. 1, 2 - 4) and the Act of August 21, 1935 (49 Stat. 666; 16
U.S.C. 461 - 467).
Sec. 103. The Secretary may accept any gift or bequest of any
property depicted on the map referred to in the first section of this
Act, and he is authorized to enter into cooperative agreements with the
city of Boston, the Commonwealth of Massachusetts, or any of their
political subdivisions, or any private person or organization, including
the Beacon Hill Architectural Commission, to mark, interpret, restore,
provide technical assistance, or any combination thereof, and for such
other activities as may be necessary for the preservation of any
properties depicted on such map. Cooperative agreements shall contain,
but need not be limited to, provisions that (1) the Secretary, through
the National Park Service, or some appropriate private group contracted
to the National Park Service for this purpose, shall have the right at
all reasonable times to interpret the exterior of the properties, and
such portions of the interior as have been mutually agreed upon, and (2)
no changes or alterations shall be made in such properties except by
mutual agreement between the Secretary and the other parties to such
agreements. The agreements may contain specific provisions which
outline in detail the extent of the participation by the Secretary in
the restoration, preservation, or maintenance of such historic
properties. The Secretary is authorized in his discretion to assist with
maintenance directly related to public visitation of those properties
covered by cooperative agreements consummated pursuant to this Act. No
funds may be expended on a property until after the Secretary determines
that there is applicable to that property a binding written cooperative
agreement which remains in force and effect assuring the preservation
and historical integrity of such property. If any fees are charged for
the use of a property covered by a cooperative agreement, and Federal
funds are committed in the cooperative agreements, the income from such
fees shall be applied to the costs of maintenance and renovation of that
property. Notwithstanding any other provision of law, no Federal fees
shall be charged for entrance or admission to the historic site.
Sec. 104. The Secretary, in cooperation with other interested
groups, may identify other significant sites relating to the nineteenth
century free African American community on Beacon Hill, Boston, which
are related to the historic site authorized by this Act, and, with the
consent of the owners thereof, may mark them appropriately and make
reference to them in any interpretive literature.
Sec. 105. Within three complete fiscal years from the effective date
of this Act, the Secretary shall submit to the Committee on Interior and
Insular Affairs of the United States House of Representatives and the
Committee on Energy and Natural Resources of the United States Senate, a
comprehensive general management plan for the historic site, pursuant to
the provisions of section 12(b) of the Act of August 18, 1970 (84 Stat.
825; 16 U.S.C. 1a-1 et seq.).
Sec. 106. Effective on October 1, 1981, there are authorized to be
appropriated such sums as may be necessary to carry out the provisions
of this Act. Notwithstanding any other provision of this Act, authority
to enter into contracts, to incur obligations, or to make payments under
this Act shall be effective only to the extent, and in such amounts, as
are provided in advance in appropriation Acts.
AFRO- AMERICAN
HISTORY AND CULTURE
Sec. 201. This title // 20 USC 3701 // may be cited as the "
National Center for the Study of Afro-American History and Culture Act".
Sec. 202. // 20 USC 3701. // (a) There is established a commission
to be known as the National Afro-American History and Culture Commission
(herein--, after in this title referred to as the " Commission") which
shall be composed of fifteen members, as specified in section 203 of
this title.
(b) The Commission shall have the following duties:
(1) The Commission shall be responsible for the development of
a definitive plan for the construction and operation of the
National Center for the Study of Afro-American History and Culture
and shall submit the plan, together with any recommendations for
additional legislation, to the President of the United States and
the Congress not later than twenty-four months after the date of
the enactment of this title. The plan shall include, but not be
limited to, identification of--,
establishment,
development, and operation of the National Center for
the Study of Afro-American History and Culture;
center;
institutions,
organizations, and universities to enhance their
programs
and projects relating to the knowledge, preservation,
and presentation of the history and culture of
Afro-Americans;
(2)(A) The Commission shall solicit subscriptions of funds from
private and public sources to help meet the costs of carrying out
its duties under this section; the costs of the construction,
furnishing, and operation of the center; the costs of research
programs and research staff positions, and reasonable
administrative costs which may include, subject to the
availability of funds, payment to members of the Commission of
travel expenses, including per diem in lieu of subsistence, in the
same manner as persons employed intermittently in the Government
service are allowed expenses under section 5703 of title 5, United
States Code. Any funds so received by the Commission shall be
placed in a special deposit account with the Treasurer of the
United States, and may be expended by the Commission only to meet
the costs specified in this subparagraph.
(B) The General Services Administration, the Smithsonian
Institution, and other agencies of the Government may donate or
loan to the Commission for the purposes of the center any works of
art, artifacts, or other materials under their control.
(c) For the purpose of carrying out this, the Commission may--,
(1) acquire by gift, purchase with appropriated or donated
funds (including funds from State or local sources), transfer from
any Federal or State agency, exchange, or otherwise, suitable land
(together with any buildings or other improvements thereon) and
interest in land in the vicinity of Wilberforce, Ohio, for the
location of the headquarters of the center;
(2) borrow or acquire by gift, purchase with appropriated or
donated funds (including funds from State or local sources), or
otherwise, any other real or personal property necessary for the
establishment and operation of the center; and
(3) sell, exchange, or otherwise dispose of any property
acquired under this subsection and designate any proceeds from
such disposal for the benefit of the center.
Sec. 203. // 20 USC 3702. // (a) The Commission shall be composed of
fifteen members as follows:
(1) The Secretary of the Interior (or his designee).
(2) The Secretary of Education (or his designee).
(3) The Librarian of Congress (or his designee).
(4) The President of the Association for the Study of
Afro-American Life and History.
(5) The presidents of Wilberforce University and Central State
University in Ohio.
(6) Nine members appointed by the President, who are especially
qualified to serve on the Commission by reason of their background
and experience. No more than two members appointed under this
paragraph shall be from any one State.
(b) Subject to subsection (c), the members of the Commission
specified in paragraphs (1) through (5) of subsection (a) shall serve
for the life of the Commission. The members of the Commission appointed
under paragraph (6) of such subsection shall serve for terms of four
years, except that of the members first appointed--,
(1) three shall be appointed for terms of one year;
(2) three shall be appointed for terms of two years; and
(3) three shall be appointed for terms of four years; as
designated by the President at the time of appointment.
(c) If any member of the Commission who was appointed to the
Commission under paragraphs (1) through (5) as an officer designated
under such paragraphs leaves such office, such member may continue as a
member of the Commission for not longer than the thirty-day period
beginning on the date he leaves that office.
(d)(1) Any vacancy in the Commission shall be filled in the same
manner in which the original appointment was made.
(2) Any member appointed to fill a vacancy occurring before the
expiration of the term for which his predecessor was appointed shall be
appointed for the remainder of such term. Members may be reappointed.
(e) Six members of the Commission shall constitute a quorum.
(f) The Commission shall act by affirmative majority vote.
(g) The Commission shall elect a chairman and other officers from
among its members to serve for terms established by the Commission.
(h) The Commission shall meet at the call of the chairman or a
majority of its members, but not less than two times each year. The
headquarters of the Commission shall be at Wilberforce, Ohio, and the
Commission shall conduct its meetings in such city unless circumstances
otherwise require.
(i) The Commission may adopt an official seal which shall be
judicially noticed and may make such bylaws, rules, and regulations as
it considers necessary to carry out its functions under this title.
(j) Members of the Commission shall serve without pay.
(k) The Commission may procure, subject to the availability of funds,
temporary and intermittent services to the same extent as is authorized
by section 3109(b) of title 5, United States Code.
(l) Upon request of the Commission, and subject to the availability
of funds, the head of any Federal agency may detail to the Commission on
a reimbursable basis any of the personnel of such agency to assist the
Commission in carrying out its duties under this title.
(m) The Administrator of the General Services Administration shall
provide to the Commission on a reimbursable basis such administrative
support services as the Commission may request to carry out its duties
under this title.
Sec. 204. // 20 USC 3703. // On the first January 1 occurring after
the date of the enactment of this title, and on each subsequent January
1, the Commission shall submit to appropriate committees of the Congress
a report which contains a detailed statement of the financial
transactions of the Commission and the activities undertaken by the
Commission during the previous year. The report shall contain such
other appropriate information as the committees to whom the report is
submitted may from time to time request.
Approved October 10, 1980.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 96 - 1239 (Comm. on Interior and Insular Affairs).
CONGRESSIONAL RECORD, Vol. 126 (1980):
Aug. 25, considered and passed House.
Sept. 30, considered and passed Senate, amended.
Oct. 1, House concurred in Senate amendments.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 16, No. 42:
Oct. 10, Presidential statement.
PUBLIC LAW 96-429, 94 STAT, 1844
Hartford, Connecticut, as the
" Abraham A. Ribicoff Federal Building".
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the building at 450
Main Street, Hartford, Connecticut (commonly known as the Federal
Building), shall hereinafter be known, called, and designated as the "
Abraham A. Ribicoff Federal Building". Any reference in any law, map,
regulation, document, record, or other paper of the United States to
such building shall be deemed to be a reference to the Abraham A.
Ribicoff Federal Building.
Sec. 2. The authorization contained in section 1 of this Act shall
become effective on January 15, 1981.
Approved October 10, 1980.
LEGISLATIVE HISTORY:
CONGRESSIONAL RECORD, Vol. 126 (1980):
Sept. 23, considered and passed Senate.
Sept. 30, considered and passed House.
PUBLIC LAW 96-428, 94 STAT, 1839
National Historic Site in the State of
Georgia, 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) in order to
protect and interpret for the benefit, inspiration, and education of
present and future generations the places where Martin Luther King,
Junior, was born, where he lived,worked, and worshipped, and where he is
buried, there is hereby established the Martin Luther King, Junior,
National Historic Site in the State of Georgia. The national historic
site // 16 USC 461 // shall consist of that real property in the city of
Atlanta, Georgia, within the boundary generally depicted on the map
entitled " Martin Luther King, Junior, National Historic Site Boundary
Map", numbered NASM/SERO/20, 109-C, and dated May 1980, together with
the property known as 234 Sunset Avenue, Northwest. The map referred to
in this subsection shall be on file and available for public inspection
in the local and Washington, District of Columbia offices of the
National Park Service, Department of the Interior.
(b) In furtherance of the purposes of this Act, there is hereby
established the Martin Luther King, Junior, Preservation District, which
shall consist of the area identified as " Preservation District" in the
map referred to in subsection (a) of this section.
Sec. 2. (a) The Secretary of the Interior (hereinafter referred to
as "the Secretary") shall administer the Martin Luther King, Junior,
National Historic Site and Preservation District in accordance with the
provisions of this Act, and the provisions of law generally applicable
to national historic sites, including the Act of August 25, 1916 (39
Stat. 535; 16 U.S.C. 1, 2 - 4) and the Act of August 21, 1935 (49 Stat.
666; 16 U.S.C. 461 - 7). // 16 USC 461 - 467. //
(b)(1) Within the national historic site the Secretary is authorized
to acquire by donation, purchase with donated or appropriated funds,
transfer, or exchange, lands and interests therein, except that property
owned by the State of Georgia or any political subdivision thereof may
be acquired only by donation.
(2) Notwithstanding the acquisition authority contained in paragraph
(1), any lands or interests therein which are owned wholly or in part,
by the widow of Martin Luther King, Junior, or by the Martin Luther
King, Junior, Center for Social Change, shall be acquired only with the
consent of the owner thereof, except that--,
(A) the Secretary may acquire such property in accordance with
the provisions of this section if he determines that the property
is undergoing or is about to undergo a change in use which is
inconsistent with the purposes of this Act, and
(B) with respect to properties owned by the Center for Social
Change, the Secretary shall have the first right of refusal to
purchase such property for a purchase price not exceeding the fair
market value of such property on the date it is offered for sale.
(3) Property may be acquired pursuant to this section subject to such
conditions and reservations as in the judgment of the Secretary are not
inconsistent with the purposes of this Act and the administration of the
national historic site, including, in the event that the burial site of
Martin Luther King, Junior, is acquired, the condition that his widow
may be interred therein.
(4) Any and all legal or equitable title, interests, or encumbrances,
if any, held by the Department of Housing and Urban Development in the
property designated " Parcel A" on the map referenced in section one are
hereby conveyed to the Secretary to be administered in accordance with
the purposes of this Act.
(5) Structural space requirements of the National Park Service to
meet its administrative, operational, and interpretive functions for the
national historic site and preservation district shall, to the maximum
extent feasible without displacing residents, be met within the district
through the adaptive use of existing structures.
Sec. 3. (a) Within the national historic site, the Secretary may
convey a freehold or leasehold interest in any property, for such sums
as he deems appropriate, and subject to such terms and conditions and
reservations as will assure the use the property in a manner which is,
in the judgment of the Secretary, consistent with the purposes of this
Act and the administration of the national historic site. The Secretary
shall offer the last owner or tenant of record a reasonable opportunity
to purchase or lease, as appropriate, the property proposed to be
conveyed prior to any conveyance under this subsection, and in the case
of a lease to such tenant of record, the initial rental charge shall not
be substantially more than the last rent paid by the tenant for that
property, with any future increases not to exceed the general escalation
of rental rates in the surrounding area.
(b) The Secretary may enter into cooperative agreements with the
owners of properties of historical or cultural significance as
determined by the Secretary, pursuant to which the Secretary may mark,
interpret, improve, restore, and provide technical assistance with
respect to the preservation and interpretation of such properties. Such
agreements shall contain, but need not be limited to, provisions that
the Secretary shall have the right of access at reasonable times to
public portions of the property for interpretive and other purposes, and
that no changes or alterations shall be made in the property except by
mutual agreement. The authorities in this subsection shall also be
available to the Secretary with respect to properties within the Martin
Luther King, Junior, Preservation District.
(c) The Secretary may, in carrying out his authorities with respect
to the interpretation of properties within the national historic site
and the preservation district, accept the services and assistance, with
or without reimbursement therefor, of qualified persons and entities to
the extent he deems necessary and appropriate. Funds appropriated for
the purposes of this Act may be expended for the improvement,
restoration, and maintenance of properties in which the Secretary has
acquired a leasehold interest.
(d) Notwithstanding any other provision of law, the Secretary shall
give first preference to the Martin Luther King, Junior, Center for
Social Change with respect to any contract for a concession to sell
books, postcards, tapes, or similar types of appropriate mementos
related to the purposes of this Act, on facilities operated and
maintained by the Secretary within the historic site: Provided, That
agreement can be reached on terms and conditions acceptable to the
Secretary.
(e) The Secretary is authorized to take only such actions within and
upon the grounds of the Ebenezer Baptist Church as will directly support
appropriate public visitation to and within the church in accordance
with the purposes of this Act, or which will assist in the maintenance
or preservation of those portions of said church which are directly
related to the purposes of this Act.
Sec. 4. (a) There is hereby established the Martin Luther King,
Junior, National Historic Site Advisory Commission (hereinafter referred
to in this section as the " Commission"). The Commission shall consist
of thirteen members, eleven of whom shall be appointed by the Secretary
as follows:
(1) three members appointed for terms of three years from
recommendations submitted by the governing body of the Martin
Luther King, Junior, Center for Social Change;
(2) two members appointed for terms of four years from
recommendations submitted by the Governor of the State of Georgia,
one of whom shall have professional expertise in historic
preservation matters;
(3) two members appointed for terms of five years from
recommendations submitted by the mayor of the city of Atlanta,
Georgia, one of whom shall represent the economic and cultural
interests of the Sweet Auburn Historic District;
(4) one member appointed for a term of five years from
recommendations submitted by the governing body of the Ebenezer
Baptist Church;
(5) the Chairman of the Atlanta Urban Design Commission and one
additional member from the Commission to be chosen by the
Commission; and
(6) one member, appointed for a term of five years by the
Secretary, who shall chair the Commission. In addition to the
foregoing members, Mrs. Coretta Scott King, or such other
appropriate family member as may designated by the immediate
family of Martin Luther King, Junior, and the Director of the
National Park Service shall be ex officio members of the
Commission.
(b) Any vacancy in the membership of the Commission shall be filled
in the same manner in which the original appointment was made. Members
of the Commission shall serve without compensation as such, but the
Secretary may pay expenses of Commission members reasonably incurred by
them in carrying out their responsibilities under this section upon
presentation of vouchers signed by the chair of the Commission.
Necessary administrative services and expenses shall be provided to the
Commission by the Department of the Interior.
(c) The function of the Commission shall be to:
(1) advise the Secretary with respect to the formulation and
execution of plans for and the overall administration of the
national historic site and the preservation district, including
advice with respect to the consummation of cooperative agreements,
and interpretation of properties, and the use and appreciation of
the national historic site and the preservation district by the
public;
(2) prepare a generalized impact area plan for a one-mile
radius outside the District which shall examine overall community
development goals, plans, and efforts within that area, including
historic preservation, transportation, parking, housing, urban
revitalization, and parks and recreation functions, in order to
maximize beneficial relationships between these goals, plans, and
efforts and the district herein established; and
(3) prepare, on the basis of the findings and recommendations
of the impact area plan required by the preceding paragraph, a
detailed development plan for the neighborhoods and outlying
commercial areas immediately outside the district for such
development, conservation, preservation, rehabilitation activities
and transportation, parking, and land use planning as would
complement and enhance the District and the purposes for which the
District is established.
(d) The Secretary is directed to provide the appropriate planning
agency of the city of Atlanta an amount of the local planning funds
authorized by section 6 sufficient for that agency to provide such staff
and technical assistance to the Advisory Commission as are required for
it to develop the plans required by subsection (c) of this section. Such
plans, prepared in full coordination with and opportunities for
participation by, all relevant public agencies and private groups, shall
be delivered to the Secretary in a timely fashion for use in preparing
the general management plan for the district.
(e) The Commission shall terminate ten years from the effective date
of this Act.
Sec. 5. Notwithstanding any other provision of law, no fees shall be
charged for entrance or admission to the national historic site or the
preservation district established by this Act.
Sec. 6. Effective October 1, 1980, there are authorized to be
appropriated such sums as may be necessary to carry out the provisions
of this Act, but not to exceed $1,000,000 for development, $100,000 for
local planning, and $3,500,000 for the acquisition of lands and
interests therein. Notwithstanding any other provision of this Act,
authority to enter into contracts, to incur obligations, or to make
payments under this Act shall be effective only to the extent, and in
such amounts, as are provided in advance in appropriation Acts.
Sec. 7. (a) In order to better integrate the east and west portions
of the Martin Luther King, Junior, Preservation District, the Federal
Highway Administration, in cooperation with the Georgia Department of
Transportation, is hereby directed to insure that any design and
reconstruction of the North Interstate 85 and Interstate 75 Expressway
over Auburn and Edgewood Avenues in the city of Atlanta, Georgia, and
the interchange at Edgewood Avenue, shall minimize the adverse impacts
on the preservation district.
(b) In carrying out the provisions of this subsection, the Federal
Highway Administration shall require that, where feasible, any major
change required for the Auburn Avenue overpass results in a design which
permits a wider distance between overpass support structures and the
disposition of understructure development rights for appropriate
business or recreation uses.
(c) Plans for the construction, exterior renovation, or demolition of
any structure or change in land use within the preservation district by
the National Park Service or any Federal agency must be submitted to the
Atlanta Urban Design Commission in a timely fashion for its review and
comment.
Sec. 8. Within three complete fiscal years from the effective date
of this Act, the Secretary shall submit to the Committee on Interior and
Insular Affairs of the United States House of Representatives and the
Committee on Energy and Natural Resources of the United States Senate, a
comprehensive general management plan for the historic site and the
preservation district consistent with the provisions of this Act and
pursuant to the provisions of section 12(b) of the Act of August 18,
1970 (84 Stat. 825), as amended (16 U.S.C. 1a-1 et seq.).
Approved October 10, 1980.
LEGISLATIVE HISTORY:
CONGRESSIONAL RECORD, Vol. 126 (1980):
Sept. 9, considered and passed House.
Sept. 26, considered and passed Senate.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 16, No. 42:
Oct. 11, Presidential statement.
PUBLIC LAW 96-427, 94 STAT, 1831, FEDERAL EMPLOYEES GROUP LIFE
INSURANCE ACT OF 1980
increase the amounts of
regular and optional group life insurnce available to
Federal employees and
provide optional life insurance on family members, 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. This Act // 5 USC 8701 // may be cited as the " Federal
Employees' Group Life Insurance Act of 1980".
SEC. 2. (a) Section 8701 of title 5, United States Code, is
amended--,
(1) in the section heading, by striking out " Definition" and
inserting in lieu thereof " Definition"; and
(2) by inserting at the end thereof the following new
subsection:
"(c) For the purpose of this chapter, 'basic insurance amount' means,
in the case of any employee under this chapter, an amount equal to the
greater of--,
"(1) the annual rate of basic pay payable to the employee,
rounded to the next higher multiple of $2,000, plus $2,000, or
"(2) $10,000, except that the amount of insurance may not
exceed the annual rate of basic pay payable for positions as level
II of the Executive Schedule under section 5313 of this title,
// 5 USC 5313. //
rounded to the next higher multiple of $1,000, plus $2,000. In
the case of any former employee entitled to coverage under this
chapter, the term means the basic insurance amount applicable for
the employee at the time the insurance to which the employee is
entitled as an employee under this chapter stops pursuant to
section 8706(a) of this title.".
// 5 USC 8706. //
(b) Section 8704(a) of title 5 is amended to read as follows:
"(a) An employee eligible for insurance is entitled to be insured for
an amount of group life insurance equal to--,
"(1) the employee's basic insurance amount, multiplied by
"(2) the appropriate factor determined on the basis of the
employee's age in accordance with the following schedule:
schedule omitted.
(c) Section 8704(b) of titile 5 is amended--,
(1) by inserting before " Subject to" the following new
sentence: " An employee eligible for insurance is entitled to be
insured for group accidental death and dismemberment insurance in
accordance with this subsection.";
(2) in the table, by striking out "shown in the schedule in
subsection (a) of this section" each place it appears and
inserting in lieu thereof "of the employee's basic insurance
amount"; and
(3) in the last sentence, by striking out "the amount shown in
the schedule in subsection (a) of this section",iand inserting in
lieu thereof "amount equal to the employee's basic insurance
amount.".
(d) Section 8704(c) of title 5 is amended by striking out the last
sentence and inserting in lieu thereof the following: " For the purpose
of this chapter, 'annual pay' includes--,
"(1) premium pay under section 5545(c)(1) of this title;
// 5 USC 5545. // and
"(2) with respect to a law enforcement officer as defined in
section 8331(20) of this title,
// 5 USC 8331. //
premium pay under section 5545(c)(2) of this title.".
// 5 USC 5545. //
(e) The item relating to section 8701 in the table of sections for
chapter 87 of title 5 is amended by striking out " Defintion" and
inserting in lieu thereof " Definitionsd".
(f) Subsection (b) and (c) of this section // 5 USC 8704 //
ll take effect beginning with the first pay period beginning on or
after October 1, 1981.
Sec. 3. (a) Section 8706(b) of title 5, United States Code, is
amended to read as follows:
"(b)(1) In the case of any employee who retires on an immediate
annuity and has been insured under this chapter throughout--,
"(A) the 5 years of service immediately preceding the date of
the employee's retirement, or
"(B) the full period or periods of service during which the
employee was entitled to be insured, if fewer than 5 years,
life insurance, without accidental death and dismemberment insurance,
may be continued, under conditions determined by the Office.
"(2) In the case of any employee who becomes entitled to receive
compensation under subchapter I of chapter 81 of this title // 5 USC
8101. // because of disease or injury to the employee and has been
insured under this chapter throughout--,
"(A) the 5 years of service immediately preceding the date the
employee becomes intitled to compensation, or
"(B) the full period or periods of service during which the
employee was entitled to be insured, if fewer than 5 years,
life insurance, without accidental death and dismemberment insurance,
may be continued, under conditions determined by the Office, during the
period the employee is receiving compensation and is held by the
Secretary of Labor or the Secretary's delegate to be unable to return to
duty.
"(3) The amount of life insurance continued under paragraph (1) or
(2) of this subsection shall be continued, with or without reduction, at
the end of each full calendar month after the date the employee becomes
65 years f age and is retired or is receiving compensation for disease
or injury, in accordance with the employee's written election at the
time eligibility to continue insurance during retirement or receipt of
compensation arises, as follows:
"(A) the employee may elect to have the deductions required by
section 8707 of this title
// 5 USC 8707. //
withheld from annuity or compensation, and the employee's life
insurance shall be reduced each month by 2 percent of the face
value until 25 percent of the amount of life insurance in force
before the first reduction remains; or
"(B) in addition to any deduction which would be required if
the insurance were continued as provided under subparagraph (A) of
this paragraph, the employee may elect continuous withholdings
from annuity or compensation in amounts determined by the Office,
and the employee's life insurance coverage shall be either
continued without reduction or reduced each month by no more than
1 percent of its face value until no less than 50 percent of the
amount of insurance in force before the first reduction remains.
"(4) If an employee elects to continue insurance under subparagraph
(B) of paragraph (3) of this subsection at the time eligibility to
continue insurance during retirement or receipt of compensation for
disease or injury arises, the individual may later cancel that election
and life insurance coverage shall continue as if the individual had
originally elected coverage under subparagraph (A) of paragraph (3) of
this subsection.".
Sec. 4. Section 8707 of title 5, United States Code, is amended to
read as follows:
8707. // 5 USC 8707. // Employee deductions; withholding
"(a) During each period in which an employee is insured under a
policy purchased by the Office of Personnel Management under section
8709 of this title, // 5 USC 8709. // there shall be withheld from the
employee's pay a share of the cost of the group life insurance and
accidental death and dismemberment insurance.
"(b)(1) Wenever life insurance continues after an employee retires on
an immediate annuity or while the employee is receiving compensation
under subchapter I of chapter 81 of this title, // 5 USC 8101. //
because of disease or injury to the employee, as provided in section
8706(b) of this title, deductions for insurance shall be withheld from
the employee's annuity or compensation, except that, in any case in
which the insurance is continued as provided in section 8706(b)(3)(A) of
this title, // 5 USC 8706. // the deduction shall not be made for
months after the calendar month in which the employee becomes 65 years
of age.
"(2) Notwithstanding paragraph (1) of this subsection, insurance
shall be so continued without cost (other than as provided under section
8706(b)(3)(B)) to each employee who so retires, or commences receiving
compensation, on or before December 31, 1989.
"(c) The amount withheld from the pay, annuity, or compensation of
each employee subject to insurance deductions shall be at the rate,
adjusted to the nearest half-cent, of 66 2/3 percent of the level cost
as determined by the Office for each $1,000 of the employee's basic
insurance amount.
"(d) If an agency fails to withhold the proper amount of life
insurance deductions from an individual's salary, compensation, or
retirement annuity, the collection of unpaid deductions may be waived by
the agency if, in the judgment of the agency, the individual is without
fault and recovery would be against equity and good conscience.
However, if the agency so waives the collection of unpaid deductions,
the agency shall submit an amount equal to the sum of the uncollected
deductionsd and related agency contributions required under section8708
of this title // 5 USC 8708. // to the Office for deposit to the
Employees' Life Insurance Fund.".
Sec. 5. (a) Section 8709 of title 5, United States Code, is amended
by inserting at the end thereof the following new subsection:
"(d)(1) The provisions of any contract under this chapter which
relate to the nature or extent of coverage or benefits (including
payments with respect to benefits) shall supersede and preempt any law
of any State or political subdivision thereof, or any regulation issued
thereunder, which relates to group life insurance to the extent that the
law or regulation is inconsistent with the contractual provisions.
"(2) For the purpose of this section, ' State' means a State of the
United States, the District of Columbia, the Commonwealth of Puerto
Rico, and a territory or possession of the United States.".
Sec. 6. (a) Section 8714a(c)(2)(C) of title 5, United States Code,
is amended to read as follows:
"(C) The amount of optional life insurance continued under
subparagraph (A) or subparagraph (B) of this paragraph shall be reduced
by 2 percent at the end of each full calendar month after the date the
employee becomes 65 years of age and is retired or is receiving
compensation for disease or injury. The Office shall prescribe minimum
amounts, not less than 25 percent of the amount of life insurance in
force before the first reduction, to which the insurance may be
reduced.".
(b) Section8714a(d) of titile 5 is amended by inserting "(1)" after
"(d)" and by adding at the end thereof the following new paragraph:
"(2) If an agency fails to withhold the proper cost of optional
insurance from an individual's salary, compensation, or retirement
annuity, the collection of amounts properly due may be waived by the
agency if, in the judgment of the agency, the individual is without
falult and recovery would be against equity and good conscience.
However, if the agency so waives the collection of any unpaid amount,
the agency shall submit an amount equal to the uncollected amount to the
Office for deposit to the Employees' Life Insurance Fund.".
Sec. 7. (a) Chapter 87 of title 5, United States Code, is further
amended by inserting after section 8714a the following new section:
" Section 8714b. // 5 USC 8714b. // Additional optional life
insurance
"(a) Under the conditions, directives, and terms specified insection
8709 through 8712 of this title, the Office of Personnel Management,
without regard to section 5 of titile 41, // 5 USC 8709 - 8712. // may
pruchase a policy which shall make available to each employee insured
under section 8702 of this title // 5 USC 8702. // amounts of
additional optional life insurance (without accidental death and
dismemberment insurance). An employee may elect coverage under this
section without regard to whether the employee has elected coverage
under optional insurance available under section8714a of this title. //
5 USC 8714a. //
"(b) The additional optional insurance provided under this section
shall be made available to each eligible employee who has elected
coverage under this section, under conditions the Office shall
prescribe, in multiples, at the employee's election, of 1, 2, 3, 4, or 5
times the annual rate of basic pay payabe to the employee (rounded to
the next higher multiple of $1,000) except that coverage may not exceed
an amount equal to 5 times the annual rate of basic pay payable for
posititons at level II of the Executive Schedule under section 5313 of
this title // 5 USC 5313. // (rounded to the next higher multiple of
$1,000). An employee may reduce or stop coverage elected pursuant to
this section at any time.
"(c)(1) The additional optional insurance elected by an employee
pursuant to this section shall stop on separation from service, 12
months after discontinuance of pay, or on entry on active military duty
or active duty for training, subject to provision for a 31-day temporary
extension of insurance coverage and for conversion to an individual
policy, as provided in sections 8706(a) of this title. // 5 USC 8706 //
"(2) In the case of any employee who retires on an immediate annuity
or who becomes entitled to receive compensation under subchapter I of
chapter 81 of this title // 5 USC 8101. // because of disease or injury
to the employee, so much of the additional optional insurance as has
been in force for not less than--,
"(A) the 5 years of service immediately preceding the date of
retirement or entitlement to compensation, or
"(B) the full periods or perilds of service during which the
insurance was available to the employee, if fewer than 5 years,
may be continued under conditions determined by the Office after
retirement or while the employee is receiving compensation under
subchapter I of chapter 81 of this title and is held by the Secretary of
Labor (or the Secretary's delegate) to be unable to return to duty. The
amount of insurance continued under this paragraph shall be reduced each
month by 2 percent effective at the beginning of the second calendar
month after the date the employee becomes 65 years of age and is retired
or is in receipt of compensation. The reduction shall continue for 50
months at which time the insurance stops.
"(d)(1) During each period in which the additional optional insurance
is in force on an employee the full cost thereof shall be withheld from
the employee's pay. During each period in which an employee continues
additional optional insurance after retirement or while in receipt of
compensation under subchapter I of chapter 81 of this title because of
disease or injury to the employee, as provided in subsection (c) of this
section, the full cost thereof shall be withheld rom the former
employee's annuity or compensation, except that, beginning at the end of
the calendar month in which the former employee becomes 65 years of age,
the additional optional life insurance shall be without cost to the
former employee. Amounts so withheld shall be deposited, used, and
invested as provided in section 8714 of this title // 5 USC 8714. //
and shall be reported and accouted for together with amounts withheld
under section 8714a(d) of this title.
"(2) If an agency fails to withhold the proper cost of additional
optional insurance from an individual's salary, compensation, or
retirement annuity, the collection of amounts properly due may be waived
by the agency if, in the judgment of the agency, the individual is
without fault and recovery would be against equity and good conscience.
However, if the agency so waives the collection of any unpaid amount,
the agency shall submit an amount equal to the uncollected amount to the
Office for deposit to the Employees' Life Insurance Fund.
"(e) The cost of the additional optional insurance shall be
determined from time to time by the Office on the basis of the
employee's age relative to such age groups as the Office establishes
under section 8714a(e) of this title. // 5 USC 8714a. //
"(f) The amount of additional optional life insurance in force on an
employee at the date of his death shall be paid as provided in section
8705 of this title.". // 5 USC 8705. //
(b) The table of sections for chapter 87 of title 5, United States
Code, is amended by inserting after the item relating to section 8714a
the following new item:
"8714b. Additional optional life insurance.".
Sec. 8. (a) Chapter 87 of title 5, United States Code, is further
amended by inserting after section 8714b ( as added by section 7 of this
Act) the following new section:
" Section 8714c. // 5 USC 8714c. // Optional life insurance on
family members
"(a) Under the conditions, directives, and terms specified in
sections 8709 through 8712 of this title, the Office of Personnel
Management, ment, witout regard to section 5 of title // 5 USC 8709 -
8712. // may purchas a policy which shall make available to each
employee insured under section 8702 of this title // 5 USC 8702. //
amounts of optional life insurance (without accidental death and
dismemberment insurance) on the employee's family members.
"(b) The optional life insurance on family members provided under
this section shall be made available to each eligible employee who
elects coverage under this section, under conditions the Office shall
prescribe, in the amount of $5,000 for a spouse and $2,500 for each
child described in section 8701(d). // 5 USC 8701. // The employee may
stop coverage elected under this section at any time.
"(c)(1) Optional life insurance on family members shall stop at the
earlier of the employee's death, the employee's separation from the
service, 12 months after discontinuance of pay, or the employee's entry
on active duty or active duty for training, as provided in sections
8706(a) and 8706(c) of this title, // 5 USC 8706. // subject to
provision for a 31--, day temporary extension of insurance coverage anf
for conversion to individual policies under conditions approved by the
Office.
"(2) In the case of any employee who retires on an immediate annuity
or who becomes entitled to receive compenation under subchapter I of
chapter 81 of this title // 5 USC 8101. // because of disease or injury
to the employee and who has had in force insurance under this section
for no less than--,
"(A) the 5 years of service immediately preceding the date of
retirement or entitlement to compensation, or
"(B) the full period or periods of service during which the
insurance was available to the employee, if fewer than 5 years,
optional life insurance on family members may be continued under the
same conditions as provided in section 8714b(c)(2) of this title.
"(d)(1) During each period in which the optional life insurance on
family members is in force the full cost thereof shall be withheld from
the employee's pay. During each period in which an employee continues
optional life insurance on family members after retirement or while in
receipt of compensation under subchapter I of chapter 81 of this title
because of disease or injury to the employee, as provided in subsection
(c) of this section, the full cost shall be withheld from the annuity or
compensation, except that, beginning at the end of the calendar month in
which the former employee becomes 65 years of age, the optional life
insurance on family members shall be without cost to the employee.
Amounts so withheld shall be deposited, used, and invested as provided
in section 8714 of this title // 5 USC 8714. // and shall be
"(2) If an agency fails to withhold the proper cost of optional life
insurance on family members from an individual's salary, compensation,
or retirement annuity, the collection of amounts properly due may be
waived by the agency if, in the judgment of the agency, the individual
is without fault and recovery would be against equity and good
conscience. However, if the agency so waives the collection of any
unpaid amount, the agency shall submit an amount equal to the
uncollected amount to the Office for deposit to the Employees' Life
Insurance Fund.
"(e) The cost of optional life insurance on family members shall be
determined from time to time by the Office on the basis of the
employee's age relative to such age groups as the Office establishes
under section 8714a(e) of this title.
"(f) The amount of optional life insurance which is in force under
this section on a family member of an employee or former employee on the
date of the death of the family member shall be paid, on the
establishment of a valid claim by the employee, to such employee or, in
the event of the death of the employee before payment can be made, to
the person or persons entitled to the group life insurance in force on
the employee under section 8705 of this title.". // 5 USC 8705. //
(b) Section 8701 of title 5 is furhter amended by inserting at the
end thereof the following new subsection:
"(d)(1) For the purpose of this chapter, 'family member', when used
with respect to any individual, means--,
"(A) the spouse of the individual; and
"(B) an unmarried dependent child of the individual (other than
a stillborn child), including an adopted child, stepchild (but
only if the stepchild lived with the individual in a regular
parentchild relationship), or recognized natural child--,
self--,
support because of a mental or physical disability which
existed before the child became 22 years of age.
"(2) For the purpose of this subsection,'dependent', in the case of
any child, means that the individual involved was, at the time of the
child's death, either living with or contributing to the support of the
child, as determined in accordance with the regulations the Office shall
prescribe.".
(c) The table of sections for chapter 87 of such title 5 is amended
by inserting afer the item relating to section 87714b (as added by
section 7 of this Act) the following new item:
"8714c. Optional life insurance on family member.".
Sec. 9. (a) Section 8713 of title 5, United States Code, is
repealed.
(b) The table of sections for chapter 87 of title 5 is amended by
striking out the item relating to section 8713.
Sec. 10. (a) Unless otherwise specified, this Act // 5 USC 8701 //
shall take effect on the date of the enactment of this Act and shall
have no effect in the case of an employee who died, was separated, or
retired before the date of enactment.
(b) The amendment made by subsection (d) of section 2 of this Act
shall apply with respect to premium pay under section 5545(c)(2) of tle
5, United States Code, from and after the first day of the first pay
period which begins on or after the date of the enactment of this Act.
(c) The amendments made by section 3 of this Act shall apply only in
the case of an employee who retires or becomes entitled to receive
compensation for work injury on or after the 180th day following the
date of the enactment of this Act, or any earlier date that the Office
of Personnel Management may prescribe which is at least 60 days after
the date of enactment.
(d) The amendments made by sections7 and 8 of this Act shall take
effect on the first day of the first pay period which begins on or after
the 180th day following the date of the enactment of this Act, or on any
earlier date that the Office may prescribe which is at least 60 days
after the date of enactment, and shall have no effect in the case of an
employee who died, was finally separated, or retired before the
effective date.
INSURANCE FUND
Sec. 11. Amounts credited to the Employees' Life Insurance Fund
under section 8714a(d) of title 5, United States Code, // 5 USC 8714a.
// shall be available for expenses incurred by the Office of Personnel
Management in implementing the amendments made by sections 7 and 8 of
this Act.
Approved October 10, 1980.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 96 - 1280 (Pst Office and Civil Service).
CONGRESSIONAL RECORD, Vol. 126 (1980):
Sept. 8, considered and passed House.
Sept. 29, considered and passed Senate.
PUBLIC LAW 96-426, 94 STAT, 1830
Quincy, Topeka, Kansas, the
" Frank Carlson Federal Building".
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the Federal
Building located at 444 Southeast Quincy, Topeka, Kansas, shall
hereafter be known and designated as the " Frank Carlson Federal
Building". Any reference in any law, map, regulation, document, record
or other paper of the United States to that building shall be held and
considered to be a reference to the " Frank Carlson Federal Building".
Approved October 10, 1980.
LEGISLATIVE HISTORY:
CONGRESSIONAL RECORD, Vol. 126 (1980):
Sept. 26, considered and passed Senate.
Sept. 30, considered and passed House.
PUBLIC LAW 96-425, STAT, 1821, AUTOMOBILE FUEL EFFICIENCY ACT OF
1980.
Cost Savings Act to reduce
administrative burdens on low volume automobile
manufacturers, to encourage
an increase of the domestic value added content in
labor and materials of foreign
automobiles sold in the United States, to extend the
time available to all manufacturers
for carryforward or carryback of credits earned under
the 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. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act // 15 USC 1901 // may be-cited as the "
Automobile Fuel Efficiency Act of 1980".
(b) Table of Contents.--,
Sec. 1. Short title; table of contents.
Sec. 2. Purposes.
Sec. 3. Fuel efficiency standards applicable to small manufacturers.
Sec. 4. Modification of local content requirements to encourage
domestic production of fuel efficient automobiles.
Sec. 5. Adjustment regarding standards for 4-wheel drive, light-duty
trucks.
Sec. 6. Determinations of unlawful conduct; 3-year carryforward and
carryback.
Sec. 7. Exemptions for emergency vehicles.
Sec. 8. Technical, clerical, and conforming amendments.
Sec. 9. Effective date.
SEC. 2. // 15 USC 2001 // PURPOSES.
It is the purpose of this Act--,
(1) to amend certain Federal automobile fuel economy
requirements to improve fuel efficiency, and thereby facilitate
conservation of petroleum and reduce petroleum imports, and
(2) to encourage full employment in the domestic automobile
manufacturing sector.
SEC. 3. FUEL EFFICIENCY STANDARDS APPLICABLE TO SMALL MANUFACTURERS.
(a) Standards.--(1) Section 502(c) of the Motor Vehicle Information
and Cost Savings Act (15 U.S.C. 2002(c)) is amended by inserting "(1)"
after "(c)", and by adding at the end thereof the following new
paragraph:
"(2) Any manufacturer may elect in any application submitted under
paragraph (1) to have the applications for, and administrative
determinations regarding, exemptions and alternative average fuel
economy standards be consolidated for two or more of the model years
after model year 1980 and before model year 1986. The Secretary may
grant an exemption and set an alternative standard or standards for all
model years covered by such application.".
(2) Any application filed for model year 1981 under section 502(c) of
such Act // 15 USC 2002 // before the effective date of this Act may be
amended by the applicant to make the election allowed under the
amendment made by paragraph (1) and have such application apply for the
model years covered by the election. Additional information shall not
be required in connection with such application for the years covered by
such election except information which the Secretary of Transportation
may specifically request.
(3)(A) The Secretary of Transportation shall review the requirements
and procedures established pursuant to section 502(c)(1) of such Act //
15 USC 2002. // (as redesignated by this subsection) as soon as
practicable after the date of the enactment of this Act // 15 USC 2002.
// and modify such requirments and procedures to the maximum extent
practicable in order to further reduce administrative burdens on such
applicants and the Secretary, and expedite determinations regarding such
applications.
(B) The Secretary shall notify the Congress of the review and actions
taken or to be taken under this paragraph in the first annual report to
the Congress which is made under section 512 of such Act // 15 USC 2012.
// after the completion of such review.
(b) Certain Reporting Requirement.--Section 505(a) of such Act (15
U.S.C. 2005(a)) is amended by inserting at the end thereof the following
new paragraph:
"(4) The provisions of this subsection shall not apply to any
manufacturer for any model year for which that manufacturer is subject
to an alternative average fuel economy standard under section 502(c).".
SEC. 4. MODIFICATION OF LOCAL CONTENT REQUIREMENTS TO ENCOURAGE
DOMESTIC PRODUCTION OF FUEL EFFICIENT AUTOMOBILES.
(a) Certain New Domestic Manufacturers.--(1) Section 503(b) of such
Act (15 U.S.C. 2003(b)) is amended by adding at the end thereof the
following new paragraph:
"(3)(A) After consideration of a petition (and comments thereon) for
an exemption from the provisions of paragraph (1) filed by a
manufacturer, the Secretary shall, by order, grant an exemption from
such provisions for passenger automobiles manufactured by that
manufacturer during the period provided for in such order, unless the
Secretary finds, after notice and reasonable opportunity for written or
oral comment, that the proposed exemption would, for such period, result
in reduced employment in the United States related to motor vehicle
manufacturing.
"(B) Any exemption granted under subparagraph (A) shall be effective
for a period of 5 model years or, at the request of the manufacturer,
such longer period as the Secretary may provide, as specified in the
order.
"(C) An exemption granted under subparagraph (A) for any manufacturer
shall not be effective unless the manufacturer--,
"(i) began automobile production or assembly in the United
States after December 22, 1975, and before May 1, 1980; or
"(ii) began automobile production or assembly in the United
States on or after May 1, 1980, and has engaged in such production
or assembly in the United States for at least one model year
ending on or before December 31, 1985.
"(D)(i) Any decision by the Secretary to grant or deny an exemption
under subparagraph (A) shall be made, and notice thereof published in
the Federal Register, not later than 90 days after the date of the
petition for that exemption. The Secretary may extend such period to a
specified date if the Secretary publishes notice thereof in the Federal
Register, together with the reasons for such extension. In no event may
such period be extended beyond the 150th day after the date of the
petition for such exemption.
"(ii) The period for written or oral comment provided in subparagraph
for any petition shall end not later than 60 days after the filing of
petition, except that such period may be extended by the Secretary for
not to exceed an additional 30 days. If the Secretary fails to make a
decision pursuant to this paragraph within the period for a decision in
clause (i)--,
"(I) the petition shall be deemed to have been granted; and
"(II) the Secretary, within 30 days after the end of such
decision period, shall submit a written statement to the Committee
on Commerce, Science, and Transportation of the Senate and the
Committee on Interstate and Foreign Commerce of the House of
Representatives setting forth the reasons for failing to decide
within such decision period.
"(E)(i) Any person adversely affected by a decision of the Secretary
denying or granting an exemption pursuant to this paragraph may, not
later than 30 days after publication of the notice of such decision,
file a petition of review of such decision in the United States Court of
Appeals for the District of Columbia. Such court shall have exclusive
jurisdiction to review such decision, in accordance with section 706(2)
(A) through (D) of title 5, of the United States Code, and to affirm,
remand, or set aside the decision of the Secretary.
"(ii) Any such proceeding shall be assigned for a hearing and
completed at the earliest possible date and shall be expedited in every
possible way by such court. The court shall render its decision in any
such proceeding within 60 days after the date of filing the petition for
review unless the court determines that a longer period of time is
necessary to satisfy the requirements of the Constitution of the United
States.
"(iii) The judgment of the court affirming, remanding, or setting
aside, in whole or in part, any such decision shall be final, subject to
review by the Supreme Court of the United States upon certiorari or
certification as provided in section 1254 of title 28 of the United
States Code. Application therefor shall be made within 30 days after
entry of such judgment.
"(iv) Notwithstanding any other provision of law, a decision of the
Secretary on an exemption pursuant to this paragraph shall not be
subject to judicial or administrative review except as provided in this
paragraph.
"(F) Notwithstanding section 502(1), // 15 USC 2002. // in the case
of any model year for which an exemption under this subsection is
effective for any manufacturer--,
"(i) no credit may be earned under section 502(1)(B) by the
manufacturer; and
"(ii) no credit may be made available under section 502(1)(1)(
C) for the manufacturer.".
(2) Section 512 of such Act (15 U.S.C. 2012) is amended by adding at
the end thereof the following new subsection:
"(c)(1) After an exemption has been granted under section 503(b)(3),
// 15 USC 2003. // the Secretary and the Secretary of Labor shall
annually conduct a joint examination of the extent to which the
amendment made to section 503(b) by section 4(a)(1) of the Automobile
Fuel Efficiency Act of 1980--,
"(A) achieves the purposes of that Act and this title,
including whether such amendment has promoted employment in the
United States related to motor vehicle manufacturing,
"(B) has not caused undue harm to the motor vehicle
manufacturing sector in the United States, and
"(C) has permitted any manufacturer that has assembled
passenger automobiles which are considered domestically
manufactured under section 503(b)(2)(E) to thereafter assemble in
the United States passenger automobiles of the same model type
which have less than 75 percent of their value added in the United
States or Canada, together with the reasons for such action.
"(2) The Secretary shall include the results of such examination in
each annual report that is made to the Congress under subsection (a)
more than 180 days after an exemption has been granted under section
503(b)(3) of this subsection, or transmit the results of such
examination directly to the Congress before such a report in any case in
which circumstances so warrant.".
(b) Tansition Provisions for Certain New Domestic Production.--,
Section 503(b) of such Act (15 U.S.C. 2003(b)) is amended by adding at
the end thereof the following new paragraph:
"(4)(A) If a plan has been submitted by a manufacturer and approved
by the Secretary under subparagraph (B), the EPA Administrator shall for
each of the four model years covered by such plan include under
paragraph (1)(A) (and exclude under paragraph (1)(B)) with respect to
that manufacturer not more than 150,000 passenger automobiles which are
manufacturd by that manufacturer but which do not qualify as
domestically manufactured if--,
"(i) the model type or types involved have not previously been
domestically manufactured;
"(ii) at least 50 percent of the cost to the manufacturer of
each such automobile is attributable to value added in the United
Staes or Canada;
"(iii) in the case of any such automobile the assembly of which
is completed in Canada, that automobile is imported into the
United States not later than 30 days following the end of the
model year involved; and
"(iv) such automobile model type or types are domestically
manufactured before the close of the fourth model year covered by
such plan.
"(B)(i) A manufacturer may submit to the Secretary for approval a
plan, including supporting material, which shall set forth the actions,
and the dates by which such actions are to be taken, which will assure
that the automobile model type or types referred to in subparagraph (A)
will be domestically manufactured before the end of the fourth model
year covered by such plan.
"(ii) The Secretary shall promptly consider and act upon any plan
submitted under this subparagraph. The Secretary shall approve any such
plan unless--,
"(I) the Secretary finds that the plan is inadequate to meet
the requirements of this paragraph, or
"(II) the manufacturer has previously submitted a plan which
has been approved by the Secretary under this paragraph.
"(C) This paragraph shall only apply with respect to model years
beginning after model year 1980.".
(c) Conforming Amendments.--(1) Section 501(8) of such Act (15 U.S.
C. 2001(8)) is amended by adding at the end thereof the following new
sentence: " Such term also includes any predecessor or successor of
such a manufacturer to the extent provided under rules which the
Secretary shall prescribe.".
(2) Section 503(b)(1) of such Act (15 U.S.C. 2003(b)(1)) is
amended--,
(A) in subparagraph (A), by inserting "and passenger
automobiles which are included within this category purusant to
paragraph (3)" after "manufactured by such manufacturer";
(B) in subparagraph (B), by inserting "and which are not
included in the domestic category pursuant to paragraph (3)" after
"manufactured by such manufacturer".
(3) Section 503(b)(2)(F) of such Act (15 U.S.C. 2003(b)(2)) is
amended by striking out "or 1979," and inserting in lieu thereof "or any
subsequent model year,".
SEC. 5. ADJUSTMENTS REGARDING STANDARDS FOR 4-WHEEL DRIVE,
LIGHT-DUTY TRUCKS.
Section 502 of such Act (15 U.S.C. 2002), as amended,is further
amended by adding at the end thereof the following new subsection:
"(k)(1) On the petition of any manufacturer for any model year
beginning after model year 1981 and before model year 1986, the
Secretary may conduct an examination of the impacts on that manufacturer
or a class of manufacturers of any standard under subsection (b)
applicable to 4-wheel drive automobiles. If after consideration of the
results of that examination the Secretary finds in accordance with
paragraph (2) that the manufacturer has demonstrated that such
manufacturer or class of manufacturers would not otherwise be able to
comply with such standard for that model year as it applies to 4-wheel
drive automobiles without causing severe economic impacts, such as plant
closures or reduction in employment in the United States related to
motor vehicle manufacturing, the Secretary shall, by order, make an
adjustment or otherwise provide relief regarding--,
"(A) the manner by which the average fuel economy of that
manufacturer or class of manufacturers is calculated for purposes
of that standard as it applies to 4-wheel drive automobiles, or
"(B) other aspects regarding the application of that standards
to the manufacturer or class of manufacturers with respect to such
automobiles to the extent consistent with the provisions of this
title.
"(2) Any finding by the Secretary under paragraph (1) shall be made
(A) after notice and a reasonable opportunity for written or oral
comment, and (B) after consideration of the benefits available under the
amendments made by the Automobile Fuel Efficiency Act of 1980.
"(3) The authority of the Secretary under this subsection to make any
adjustment or provide other relief shall not be effective for any model
year after model year 1985.
"(4) The Secretary shall notify the Congress of any adjustment or
other relief provided under this subsection in the first annual report
submitted to the Congress under section 512 // 15 USC 2012. // after
the order is issued providing for that adjustment or relief.
"(5)(A) Any final decision of the Secretary under this subsection
shall be made, and notice thereof published in the Federal Register, not
later than 120 days after the date of the petition involved. The
Secretary may extend such period to a specified date if the Secretary
publishes notice thereof in the Federal Register, together with the
reasons for such extension. Any such decision by the Secretary shall
become final 30 days after the publication of the notice of final
decision unless a petition for judicial review is filed under
subparagraph (B).
"(B) Any person adversely affected by such a decision may, not later
than 30 days after publication of notice of such decision, file a
petition for review of such decision with the United States Court of
Appeals for the District of Columbia or for the circuit in which such
person resides, or in which the principal place of business of such
person is located. The United States court of appeals involved shall
have jurisdiction to review such decision in accordance with section
706(2) (A) through (D) of title 5, United States Code, and to affirm,
remand, or set aside the decision of the Seretary. Except as otherwise
provided in this subparagraph, section 504 (c) and (d) // 15 USC 2004.
// shall apply to such review to the same extent and manner as it
applies with respect to review of any rule prescribed under this section
or section 501, 503 or 506. // 15 USC 2001, 2003, 2006. //
"(6) The availability of any adjustment or other relief under this
subsection shall not be taken into account in prescribing standards
under subsection (b).".
SEC. 6. DETERMINATION OF UNLAWFUL CONDUCT; 3-YEAR CARRYFORWARD AND
CARRYBACK.
(a) Unlawful Conduct.--Section 507 of such Act (15 U.S.C. 2007) is
amended--,
(1) by striking out " The" and inserting in lieu thereof "(a)
Subject to subsection (b), the"; and
(2) by adding at the end thereof the following new subsection:
"(b) A manufacturer shall not be considered to have fuel economy
standard applicable to such manufacturer under section 502, // 15 USC
2002. // if the average fuel economy of such manufacturer, after taking
into account the credits then available to the manufacturer under
section 502(1), would result in the applicable standard being met or
exceeded.".
(b) 3-Year Carryforward and Carryback of Credits.--Section 502 of
such Act (15 U.S.C. 2002), as amended by this Act, is futher amended by
adding at the end thereof the following new subsection:
"(1)(1)(A) For purposes of this part, credits under this subsection
shall be considered to be available to any manufacturer upon the
completion of the model year in which such credits are earned under
subparagraph (B) unless under subparagraph (C) the credits are made
available for use at a time prior to the model year in which earned.
"(B) Whenever the average fuel economy of the passenger automobiles
manufactured by a manufacturer in a particular model year under
subsection (a) or (c) (determined by the Secretary without regard to any
adjustment under subsection (d) or any credit under this subsection),
such manufacturer shall be intitled to a credit, calculated under
subparagraph (C), which--,
"(i) shall be available to be taken into account with respect
to the average fuel economy of that manufacturer for any of the
three consecutive model years immediately prior to the model year
in which such manufacturer exceeds such applicable average fuel
economy standard, and
"(ii) to the extent that such credit is not so taken into
account pursuant to clause (i), shall be available to be taken
into account with respect to the average fuel economy of that
manufacturer for any of the three consecutive model years
immediately following the model year in which such manufacturer
exceeds such applicable average fuel economy standard.
"(C)(i) At any time prior to the end of any model year, a
manufacturer which has reason to believe that its average fuel economy
for passenger automobiles will be below such applicble standard for that
model year may submit a plan demonstrating that such manufacturer will
earn sufficient credits under subparagraph (B) within the next 3 model
years which when taken into account would allow the manufacturer to meet
that standard for the model year involved.
"(ii) Such credits shall be available for the model year involved
subject to--,
"(I) the Secretary approving such plan; and
"(II) the manufacturer earning such credits in accordance with
such plan.
"(iii) The Secretary shall approve any such plan unless the Secretary
finds that it is unlikely that the plan will result in the manufacturer
earning sufficient credits to allow the manufacturer to meet the
standard for the model year involved.
"(iv) The Secretary shall provide notice to any manufacturer in any
case in which the average fuel economy of that manufacturer is below the
applicable standard under subsection (a) or (c), after taking into
account credits available under subparagraph (B)(i), and afford the
manufacturer a reasonable period (of not less than 60 days) in which to
submit a plan under this subparagraph.
"(D) The amount of credit to which a manufacturer is entitled under
this paragraph shall be equal to--,
"(i) the number of tenths of a mile pe gallon by which the
average fuel economy of the passenger automobiles manufactured by
such manufacturer in the model year in which the credit is earned
pursuant to this paragraph exceeds the applicable average fuel
economy standard established under subsection (a) or (c),
multiplied by
"(ii) the total number of passenger automobiles manufactured by
such manufacturer during such model year.
"(E) The Secretary shall take credits into account for any model year
on the basis of the number of tenths of a mile per gallon by which the
manufacturer involved was below the applicable average fuel economy
standard for that model year and the volume of passenger automobiles
manufactured that model year by the manufacturer. Credits once taken
into account for any model year shall not thereafter be available for
any other model year. Prior to taking any credit into account, the
Secretary shall provide the manufacturer involved with written notice
and resonable opportunity to comment thereon.
"(2) Credits for manufacturers of automobiles which are not passenger
automobiles shall be earned and be available to be taken into account
for model years in which the average fuel economy of such class of
automobiles is below the applicable average fuel economy standard
established under subsection (b) to the same extent and in the same
manner as provided for under paragraph (1). Not later than 60 days
after the date of the enactment of this subsection, the Secretary shall
prescribe regulations to carry out the provisions of this paragraph.
"(3) Whenever a civil penalty has been assessed and collected under
section 508 // 15 USC 2008. // from a manufacturer who is entitled to a
credit under this subsection, the Secretary of the Treasury shall refund
to such manufacturer the amount of the civil penalty so collected to the
extent that penalty is attributable to credits available under this
subsection.
"(4) The Secretary may prescribe rules for purposes of carring out
the provisions of this subsection.".
(c) Conforming Amendments.--(1) Subsections (a) and (b) of section
508 of such Act (15 U.S.C. 2008) are each amended by striking out "507(
1)", "507(2)", and "507 (1) or (2)" each place such terms appear and
inserting in lieu therof "507(a)(1)", "507(a)(2)", "507(a)(3)", and
"507(a) (1) or (2)", respectively.
(2) Section 508(a) of such Act (15 U.S.C. 2008(a)) is amended by
striking out paragraph (3).
(3) Subparagraphs (A) and (B) of section 508(b)(1) of such Act (15
U.S.C. 2008) are each amended--,
(A) by striking out "(i) $5 for each tenth" and inserting in
lieu thereof "the amount obtained by multiplying $5 by (i) the
number of tenths";
(B) b striking out "by (ii) the total" and inserting in lieu
thereof "by the"; and
(C) by striking out the period at the end thereof and inserting
in lieu thereof ", reduced by (ii) the credits then available
under section 502(1)
// 15 USC 2002. //
for such model year".
(4) Section 508(d) of such Act (15 U.S.C. 2008(d)) is amended by
striking out paragraph (4).
(d) Effective Date. // 15 USC 2002 // --Under such regulations as the
Secretary of Transportation shall prescribe, the amendments made by this
section shall apply to the 3 model years preceding the model year during
which this Act is enacted.
SEC. 7. EXEMPTION FOR EMERGENCY VEHICLES.
Section 502 of such Act (15 U.S.C. 2002) is amended by redesignating
subsection (g) and the following two subsections as subsections (h),
(i), and (j), respectively, and by inserting after subsection (f) the
following new subsection:
"(g)(1) At the elcection of any manufacturer, the fuel economy of any
emergency vehicle shall not be taken into account in applying any fuel
economy standard prescribed by or under subsection (a), (b), or (c). Any
manufacturer electing to have the provisions of this subsection shall
provide written notice of that election to the Secretary and to the
Environmental Protection Agency Administrator.
"(2) For purposes of paragraph (1), the term 'emergency vehicle'
means any automobile manufactured primarily for use--,
"(A) as an ambulance or combination ambulance-hearse,
"(B) by the United States or by a States or local government
for police or other law enforcement purposes, or
"(C) for other emergency uses prescribed by the Secretary of
Transportation by regulation.".
SEC. 8. TECHNICAL, CLERICAL, AND CONFORMING AMENDMENTS.
(a)(1) The table of contents for such Act is amended by striking out
the item relating to part A.
(2) Section 2 of such Act (15 U.S.C. 1901) is amended by striking out
"except part A of title V" and inserting in lieu therof "except title
V".
(3) Title V of such Act is amended by striking out the designation
relating to Part A.
(b) Section 501(9) of such Act (15 U.S.C. 2001(9)) is amended by
striking out "manufacturer" and inserting in lieu thereof "manufacture".
(c) Section 502(b) of such Act (15 U.S.C. 2002(b)) is amended by
striking out "and shall be" and inserting in lieu thereof "and such
standards shall be".
(d) Section 502(d)(3)(E) of such Act (15 U.S.C. 2002(d)(3)(E)) is
amended by striking out "subparagraph," and inserting in lieu thereof
"subsection,".
(e) Section 503(b)(2)(A)(ii)(I) of such Act (15 U.S.C. 2003(b)(2)(
A)(ii)(I)) is amended by striking out "base" the last place it appears.
(f) Section 508(b)(1)(A) of such Act (15 U.S.C. 2008(b)(1)(A)) is
amended by inserting before ", shall be" the following "with respect to
any model year".
SEC. 9. // 15 USC 2001 // EFFECTIVE DATE.
Except as otherwise provided in this Act, the amendments made by this
Act shall take effect on the date of the enactment of this Act.
Approved October 10, 1980.
LEGISLATIVE HISTORY:
HOUSE REPORTS: No. 96 - 1026 (Comm. on Interstate and Foreign
Commerce) and No 96 - 1402 (Comm. of Conference).
SENATE REPORT No. 96 - 642 (Comm. on Commerce, Science, and
Transportation).
CONGRESSIONAL RECORD, Vol. 126 (1980):
Apr. 16, considered and passed Senate.
June 3, considered and passed House, amended.
Sept. 26, Senate agreed to conference report.
Sept. 30, House agreed to conference report.
PUBLIC LAW 96-424, 94 STAT, 1820
Assistance Act of 1980.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That effective on the
day after the date of enactment of the Refugee Education Assistance Act
of 1980, section 501(c)(5) of the Refugee Education Assistance Act of
1980 // 8 USC 1522 // is repealed.
Approved October 10, 1980.
LEGISLATIVE HISTORY:
CONGRESSIONAL RECORD, Vol. 126 (1980):
Sept. 30, considered and passed Senate.
Oct. 1, considered and passed House.
PUBLIC LAW 96-423, 94 STAT, 1811, FEDERAL RAILROAD SAFETY
AUTHORIZATION ACT OF 1980
authorize additional
appropriations, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That this Act // 45 USC
421 // may be cited as the " Federal Railroad Safety Authorization Act
of 1980".
Sec. 2. The Federal Railroad Safety Act of 1970 (45 U.S.C. 431 et
seq.) // 45 USC 441. // is amended by striking out section 212 and by
adding at the end thereof the following new section:
" SEC. 214. // 45 USC 444. // AUTHORIZATION FOR APPROPRIATIONS.
"(a) There are authorized to be appropriated to carry out the
provisions of this Act not to exceed $38,000,000 for the fiscal year
ending September 30, 1981, and not to exceed $40,000,000 for the fiscal
year ending September 30, 1982.
"(b) The amounts appropriated under subsection (a) of this section
for a fiscal year shall be available for expenditure in such fiscal year
as follows:
"(1) For the Office of Safety, including salaries and expenses
for not more than (A) six hundred safety inspectors, (B)
forty-five signal and train control insepctors, and (C) one
hundred and twenty-five clerical personnel, not to exceed
$22,500,000 for the fiscal year ending September 30, 1981, and not
to exceed $24,000,000 for the fiscal year ending September 30,
1982. Such funds shall be available for travel expenses of safety
inspectors for not less than twenty days per month.
"(2) To carry out the provisions of section 206(d) of this Act,
// 45 USC 435. //
relating to State safety programs, not to exceed $2,000,000 for
the fiscal year ending September 30, 1981, and not to exceed
$2,500,000 for the fiscal year ending September 30, 1982.
"(3) For the Federal Railroad Administration, for salaries and
expenses not otherwise provided for, not to exceed $3,500,000.
"(4) For conducting safety research and development activities
under this Act, not to exceed $10,000,000, of which not less than
$500,000 shall be available for assisting in the treatment of
alcohol and drug abuse problems of railroad employees.
"(c) Sums appropriated under this section for research and
development, automated track inspection, and the State safety grant
program are authorized to remain available until expended.".
Sec. 3. Section 203 of the Federal Railroad Safety Act of 1970 (45
U.S.C. 432) is amended to read as follows:
" SEC. 203. EMERGENCY POWERS.
"(a) If the Secretary determines, on the basis of testing,
inspection, investigation, or research carried out pursuant to this
title, that an unsafe condition or practice, or a combination of unsafe
conditions or practices, or both, create an emergency situation
involving a hazard of death or injury to persons, the Secretary may
immediately issue an order, without regard to the provisions of section
202(b) of this title, // 45 USC 431. // imposing such restrictions or
prohibitions as may be necessary to bring about the abatement of such
emergency situation.
"(b) After the issuance of an order under this section, opportunity
for review of such order shall be provided in accordance with section
554 of title 5, United States Code.
"(c) If a petition for review of an order has been filed under
subsection (b) of this section but administrative review of such order
has not been completed by the end of the thirty-day period beginning on
the date such order was issued, such order shall cease to be effective
at the end of such period unless the Secretary determines in writing
that the emergency situation remains in existence.
"(d) In issuing any order under this section, the Secretary shall
describe the conditions or practices which create an emergency situation
(as determined by the Secretary), and shall establish standards and
procedures under which relief from such order may be obtained. Nothing
in this subsection shall be construed to affect the discretion of the
Secretary under this section to maintain an order in effect until the
emergency situation has been abated.
"(e) Any employee of a common carrier by railroad engaged in
interstate or foreign commerce who may be exposed to imminent physical
injury in the course of his employment because of the Secretary's
failure, without any reasonable basis, to seek relief under subsection
(a) of this section, or the authorized representative of such an
employee, shall have the right to bring an action against the Secretary
in the United States district court for the judicial district in which
the emergency situation is alleged to exist or in which the employer has
its principal executive office, or for the District of Columbia, to
compel the Secretary to issue an order under this section. The failure
of the Secretary to seek relief under subsection (a) of this section
shall be reviewed solely under the standards of section 706 of title 5,
United States Code.".
Sec. 4. (a) Section 206 of the Federal Railroad Safety Act of 1970
(45 U.S.C. 435) is amended by adding at the end thereof the following
new subsection:
"(g) In addition to the provisions for State participation set forth
in subsections (a) and (c) of this section, the Secretary may enter into
agreements with any State to provide investigative and surveillance
activities with respect to those functions transferred to the Secretary
by section 6 (e)(1), (e)(2), and (e)(6)(A) of the Department of
Transportation Act (49 U.S.C. 1655 (e)(1), (e)(2), and (e)(6)(A)).".
(b) Section 206(d) of the Federal Railroad Safety Act of 1970 (45 U.
S.C. 435(d)) is amended by inserting "or (g)" immediately after
"subsection (c)".
Sec. 5. Section 207 of the Federal Railroad Safety Act of 1970 (45
U.S.C. 436) is amended to read as follows:
" SEC. 207. ENFORCING COMPLIANCE WITH FEDERAL RAILROAD SAFETY RULES,
REGULATIONS, ORDERS, AND STANDARDS.
"(a)(1) In any case in which the Secretary has failed to assess the
civil penalty applicable under section 209 of this title // 45 USC 438.
// with respect to a violation of any railroad safety rule, regulation,
order, or standard issued under this title or under any law transferred
by section 6 (e)(1), (e)(2), or (e)(6)(A) of the Department of
Transportation Act, // 49 USC 1655. // within sixty days after the date
on which notification was received by the Secretary from a State agency
participating in investigative and surveillance activities under the
provisions of section 206 of this title, that State agency may apply to
the United States district court for the judicial district in which the
violation occurred or in which the defendant has its principal executive
office for the assessment and collection of the civil penalty included
in or made applicable to such rule, regulation, order, or standard.
"(2) The provisions of this subsection shall not apply in any case in
which the Secretary has affirmatively determined in writing that no
violation has occurred.
"(b)(1) In any case in which the Secretary has not commenced an
action for injunctive relief under section 210 of this title // 5 USC
439. // with respect to a violation of any railroad safety rule,
regulation, order, or standard issued under this title or under any law
transferred by section 6 (e)(1), (e)(2), or (e)(6)(A) of the Department
of Transportation Act, within 15 days after the date on which the
Secretary received notification of the violation, together with a
request that an injunctive action be instituted, from a State agency
participating in investigative and surveillance activities under the
provisions of section 206 of this title, that State agency may apply to
the United States district court for the judicial district in which the
violation occurred or in which the defendant has its principal executive
office for injunctive relief to restrain further violation of such rule,
regulation, order, or standard.
"(2) The provisions of this subsection shall not apply in any case in
which the Secretary has affirmatively determined in writing that (A) no
violation has occurred, or (B) an action for injunctive relief is not
necessary because of other enforcement action undertaken by the
Secretary with respect to the subject violation.
"(c) A State agency may not bring an action under this section in any
United States district court located outside the boundaries of the
State.".
Sec. 6. (a) Section 208(b) of the Federal Railroad Safety Act of
1970 (45 U.S.C. 437(b)) is amended by inserting "and under the functions
transferred by section 6 (e)(1), (e)(2), and (e)(6)(A) of the Department
of Transportation Act (49 U.S.C. 1655 (e)(1), (e)(2), and (e)(6)(A))"
immediately after "this title".
(b) Section 208 of the Federal Railroad Safety Act of 1970 (45 U.S.
C.437) is amended by adding at the end thereof the following new
subsection:
"(d)(1) In carrying out the functions formerly vested in the
Interstate Commerce Commission and transferred to the Secretary by
section 6 (e)(1), (e)(2), and (e)(6)(A) of the Department of
Transportation Act (49 U.S.C. 1655 (e)(1), (e)(2), and (e)(6)(A)), the
Secretary is authorized to perform any act authorized in subsection (a)
of this section that he considers necessary to carry out such
transferred functions, including, but not limited to, conducting
investigations, making reports, issuing subpenas, requiring production
of documents, taking depositions, and prescribing recordkeeping and
reporting requirements. The Secretary is further authorized to issue
orders directing compliance with the laws transferred by section 6 (e)(
1), (e)(2), and (e)(6)(A) of the Department of Transportation Act // 49
USC 1655. // or with any regulation or order issued thereunder.
"(2) The district courts of the United States shall have
jurisdiction, upon petition by the Attorney General, to enforce by
appropriate means any order issued by the Secretary under paragraph (1)
of this subsection.".
Sec. 7. Section 209 of the Federal Railroad Safety Act of 1970 (45
U.S.C. 438) is amended by adding at the end thereof the following new
subsection:
"(e) Any person who knowingly and willfully--,
"(1) makes a false entry in any record or report required under
this title to be made, prepared, or preserved;
"(2) destroys, mutilates, changes, or by another means
falsifies any such record or report;
"(3) does not enter required specified facts and transactions
in any such record or report;
"(4) makes, prepares, or preserves any such record or report in
violation of a regulation or order issued under this title; or
"(5) files a false record or report with the Secretary,
shall be fined not more than $5,000, or imprisoned for not more than two
years, or both.".
Sec. 8. (a) Section 209(c) of the Federal Railroad Safety Act of
1970 (45 U.S.C. 438(c)) is amended by striking out "having jurisdiction
in the locality where such violation occurred" and inserting in lieu
thereof "for the judicial district in which such violation occurred or
in which the defendant has its principal executive office".
(b) Section 6 of the Act of March 2, 1893 (45 U.S.C. 6), is amended
by striking out "having jurisdiction in the locality where such
violation shall have been committed" and inserting in lieu thereof "for
the judicial district in which such violation occurred or in which the
defendant has its principal executive office".
(c) Section 9 of the Act of February 17, 1911 (45 U.S.C. 34), is
amended by striking out "having jurisdiction in the locality where such
violation shall have been committed" and inserting in lieu thereof "for
the judicial district in which such violation occurred or in which the
defendant has its principal executive office".
(d) Section 25(h) of the Act of February 4, 1887 (49 U.S.C. 26(h)),
is amended by striking out "having jurisdiction in the locality where
such violation shall have been committed" and inserting in lieu thereof
"for the judicial district in which such violation occurred or in which
the defendant has its principal executive office".
Sec. 9. (a) Section 210(a) of the Federal Railroad Safety Act of
1970 (45 U.S.C. 439(a)) is amended by inserting "and to restrain
violations of or to enforce rules, regulations, orders, or standards
established under any statute transferred to the Secretary under section
6 (e)(1), (e)(2), and (e)(6)(A) of the Department of Transportation Act
(49 U.S.C. 1655 (e)(1), (e)(2), and (e)(6)(A))" immediately before the
period at the end thereof.
(b) Section 210 of the Federal Railroad Safety Act of 1970 (45 U.S.
C. 439) is amended by adding at the end thereof the following new
subsection:
"(c) Subject to section 207(d) of this title, // 45 USC 436. // any
action under subsection (a) of this section may be brought in the United
States district court for the judicial district in which the violation
occurred or in which the defendant has its principal executive office.".
Sec. 10. The Federal Railroad Safety Act of 1970 (45 U.S.C. 431 et
seq.) is amended by inserting after section 211 the following new
section:
" SEC. 212. // 45 USC 441. // PROTECTION AND RIGHTS OF EMPLOYEES.
"(a) A common carrier by railroad engaged in interstate or foreign
commerce may not discharge or in any manner discriminate against any
employee because such employee, whether acting in his own behalf or in a
representative capacity, has--,
"(1) filed any complaint or instituted or caused to be
instituted any proceeding under or related to the enforcement of
the Federal railroad safety laws; or
"(2) testified or is about to testify in any such proceeding.
"(b)(1) A common carrier by railroad engaged in interstate or foreign
commerce may not discharge or in any manner discriminate against any
employee for refusing to work when confronted by a hazardous condition
related to the performance of the employee's duties, if--,
"(A) the refusal is made in good faith and no reasonable
alternative to such refusal is available to the employee;
"(B) the hazardous condition is of such a nature that a
reasonable person, under the circumstances then confronting the
employee, would conclude that--,
the
situation, to eliminate the danger through resort to
regular
statutory channels; and
"(C) the employee, where possible, has notified his employer of
his apprehension of such hazardous condition and of his intention
not to perform further work unless such condition is corrected
immediately.
"(2) The provisions of this subsection shall not apply to security
personnel employed by a railroad to protect persons and property
transported by such railroad.
"(c)(1) Any dispute, grievance, or claim arising under this section
shall be subject to resolution in accordance with the procedures set
forth in section 3 of the Railway Labor Act (45 U.S.C. 153).
"(2) In the case of any violation of subsection (a) or (b) of this
section, the Adjustment Board (or any division or delegate thereof) or
any other board of adjustment created under section 3 of the Railway
Labor Act shall, where appropriate, award backpay to the aggrieved
employee and order such employee reinstated to his position.
"(d) Whenever an employee of a railroad is afforded protection under
this section and under any other provision of law in connection with the
same allegedly unlawful act of an employer, if such employee seeks
protection he must elect either to seek relief pursuant to this section
or pursuant to such other provision of law.
"(e) As used in this section, the term ' Federal railroad safety
laws' means this Act, the Hazardous Materials Transportation Act (49 U.
S.C. 1801 et seq.), and those laws transferred to the jurisdiction of
the Secretary of Transportation by subsection (e) (1), (2), and (6)(A)
of section 6 of the Department of Transportation Act (49 U.S.C. 1655 (e)
(1), (2), and (6)(A)).".
Sec. 11. The Federal Railroad Safety Act of 1970 (45 U.S.C. 431 et
seq.) is amended by inserting after section 212, as added by section 10
of this Act, the following new section:
" SEC. 213. // 45 USC 443. // PAY CLASSIFICATIONS.
" Notwithstanding any other provision of law--,
"(1) the position held by a fully experienced and qualified
railroad safety inspector employed by the Department of
Transportation shall be classified in accordance with chapter 51
of title 5, United States Code,
// 5 USC 5101 //
but not lower than Grade GS-12 of the General Schedule; and
"(2) the position held by a railroad safety specialist employed
by the Department of Transportation shall be classified in
accordance with chapter 51 of title 5, United States Code, but not
lower than Grade GS-13 of the General Schedule.".
Sec. 12. Section 5(a) of the Act of March 4, 1907 (45 U.S.C. 64a(
a)), commonly known as the Hours of Service Act, is amended to read as
follows:
" Sec. 5. (a)(1) Any common carrier subject to this Act, or any
officer or agent thereof, that requires or permits any employee to go,
be, or remain on duty in violation of section 2, section 3, or section 3
A of this Act, // 45 USC 62 - 63a. // or that violates any other
provision of this Act, shall be liable for a penalty of $500 for each
violation, to be recovered in an action to be brought by the United
States attorney in the district court of the United States for the
judicial district in which such violation occurred or in which the
defendant has its principal executive office. It shall be the duty of
the United States attorney to bring such an action upon satisfactory
information being lodged with him. In the case of a violation of
section 2 (a)(3) or (a)(4) of this Act, each day a facility is in
noncompliance shall constitute a separate offense.
"(2) No action may be brought under this section after the expiration
of the two-year period beginning on the date the violation occurred
unless administrative notification pursuant to the Federal Claims
Collection Act (31 U.S.C. 951 - 953) has been provided to the common
carrier within such two-year period, but in no event may any such action
be brought after the expiration of the period specified in section 2462
of title 28, United States Code.".
Sec. 13. Section 6 of the Act of February 17, 1911 (45 U.S.C. 29),
is amended by striking out the fourth and fifth sentences and inserting
in lieu thereof the following: " Each carrier subject to such sections
shall keep on file the report of each inspection required by such rules
and regulations and the report showing the repair of the defects
disclosed by the inspection. The rules and regulations referred to in
this section shall prescribe the manner in which such reports shall be
kept.".
Sec. 14. Section 202 of the Federal Railroad Safety Act of 1970 (45
U.S.C. 431) is amended by adding at the end thereof the following new
subsection:
"(h)(1) The Secretary shall, within two years after the date of
enactment of this subsection, issue such initial rules, regulations,
orders, and standards as may be necessary to insure the safe
construction, maintenance, and operation of railroad passenger
equipment. The Secretary shall periodically review such rules,
regulations, orders, and standards and shall, after a hearing in
accordance with subsection (b) of this section, make such revisions in
such rules, regulations, orders, and standards as may be necessary.
"(2) In issuing initial rules, regulations, orders, and standards
under this subsection, and in making any subsequent revisions thereto,
the Secretary shall--,
"(A) concentrate on those areas which, in the judgment of the
Secretary, present the greatest opportunity for enhancing the
safety of railroad passenger equipment; and
"(B) give significant weight to the expenditures that would be
necessary to retrofit existing equipment and to alter
specifications for equipment on order;
"(3) In issuing initial rules, regulations, orders, and standards
under this subsection, and in making any subsequent revisions thereto,
the Secretary may consult with the National Railroad Passenger
Corporation, public authorities that operate passenger service, other
rail carriers that transport passengers, organizations of passengers,
and organizations of employees. Such consultations shall not be subject
to the Federal Advisory Committee Act, // 5 USC app. // but minutes of
such consultations shall be placed in the public docket of the
rulemaking proceeding.
"(4) As used in this subsection, the term 'railroad passenger
equipment' means all railroad equipment used for the transportation of
passengers, whether in commuter or intercity service.".
Sec. 15. The first section of the Act of March 12, 1914 (43 U.S.C.
975), is amended by inserting immediately after the first undesignated
paragraph the following new paragraph:
" Any security officer employed to protect life and property on the
railroad is authorized to maintain law and order, to carry firearms, and
to make arrests on railroad property with a warrant for any offense
committed against the laws of the United States, and to make arrests
without a warrant for any offense committed upon property of the
railroad if there is reasonable ground to believe that the offense
constitutes a felony under the laws of the United States and the person
to be arrested has committed or is committing the felony.".
Sec. 16. // 45 USC 431 // (a) The Secretary of Transportation shall
conduct a study regarding employee training in the railroad industry as
it affects railroad safety. Among other factors, such study shall
consider the appropriate Federal role, if any, in such training, and the
adequacy of such training. The results of such study, together with
recommendations for any necessary legislation, shall be submitted to the
Congress by December 31, 1980.
(b)(1) The Secretary of Transportation shall make every possible
effort to expedite promulgation of a final rule regarding the
retrofitting of Department of Transportation specification one hundred
and five tank cars with shelf couplers. In the event that such rule is
not promulgated prior to December 31, 1980, the Secretary of
Transportation shall submit to the Congress a status report with respect
to such rule, indicating the Federal Railroad Administration's
activities to such date, the current status of such rule, and an
estimate as to when a final rule will be promulgated.
(2) Whenever the Secretary of Transportation submits a status report
pursuant to the provisions of paragraph (1) of this subsection, or when
the Federal Railroad Administration promulgates a final rule with
respect to the retrofitting of Department of Transportation
specification one hundred and five tank cars with shelf couplers, the
Secretary shall transmit to the Congress any other recommendations and
anticipated action by the Department of Transportation with respect to
the retrofitting of such tank cars.
(c)(1) The Secretary of Transportation shall submit to the Congress a
systems safety plan relating to the activities of the Department of
Transportation in carrying out rail safety laws. The Secretary shall
complete such plan at the earliest possible date, but in no event shall
the study be submitted later than January 31, 1981.
(2) As part of the plan submitted to the Congress under paragraph (1)
of this subsection, the Secretary of Transportation shall develop a
methodology to determine frequency and schedules of safety inspections,
giving appropriate priority to track and equipment involved with
passenger trains and hazardous cargos. Such methodology shall further
take into consideration safety records of the rail carriers, location of
track and equipment in population centers, volume of usage of track and
equipment, and any other factors that the Secretary considers relevant
to railroad safety.
Sec. 17. (a) Except as provided in subsection (b) of this section,
// 45 USC 431 // the provisions of this Act shall take effect on the
date of enactment of this Act.
(b) Section 11 of this Act shall take effect on October 1, 1980, or
on the date of enactment of this Act, whichever is later.
Approved October 10, 1980.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 96 - 1025 accompanying H.R. 7104 (Comm. on
Interstate and Foreign Commerce).
SENATE REPORT No. 96 - 785 (Comm. on Commerce, Science, and
Transportation).
CONGRESSIONAL RECORD, Vol. 126 (1980):
June 6, considered and passed Senate.
Sept. 22, H.R. 7104 considered and passed House; passage
vacated, and S. 2730, amended, passed in lieu.
Sept. 24, Senate concurred in House amendments.
PUBLIC LAW 96-422, 94 STAT, 1799, REFUGEE EDUCATION ASSISTANCE ACT OF
1980
agencies for the education of
Cuban and Haitian refugee children, to provide
special impact aid to such
agencies for the education of Cuban and Haitian
refugee children and Indochinese
refugee children, and to provide assistance to State
educational agencies for
the education of Cuban and Haitian refugee adults.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That this Act // 8 USC
1522 // may be cited as the " Refugee Education Assistance Act of 1980".
Sec. 101 // 8 USC 1522 // As used in this Act--,
(1) The terms " Cuban and Haitian refugee adults" and " Cuban
and Haitian refugee children" mean aliens who have fled from Cuba
or Haiti and who--,
November 1, 1979. For purposes of this paragraph, any person who
is a Cuban--, Haitian entrant as described in subparagraph (B) at
any time after the date of the enactment of this Act shall be
considered to maintain such status for purposes of this Act
regardless of any subsequent change in status under any other law.
(2) The terms "elementary school", "local educational agency",
"secondary school", " State", and " State educational agency" have
the meanings given such terms under section 198(a) of the
Elementary and Secondary Education Act of 1965.
// 20 USC 2854. //
(3) The term "elementary or secondary nonpublic schools" means
schools which comply with the compulsory education laws of the
State and which are exempt from taxation under section 501(c)(3)
of the Internal Revenue Code of 1954.
// 26 USC 501. //
(4) The term " Indochinese refugee children" means aliens who
have fled from Cambodia, Vietnam, or Laos, and, on or after
January 1, 1979--,
refugees
under section 207 of the Immigration and Nationality
Act;
such Act;
or
(5) The term " Secretary" means the Secretary of Education.
Sec. 102. // 8 USC 1522 // (a) There are authorized to be
appropriated for each of the fiscal years 1981, 1982, and 1983, but only
in a lump sum for all programs under this Act, subject to allocation in
accordance with subsection (b), such sums as may be necessary to make
payments to which State educational agencies are entitled under this Act
and payments for administration under section 104.
(b)(1) If the sums appropriated for any fiscal year to make payments
to States under this Act are not sufficient to pay in full the sum of
the amounts which State educational agencies are entitled to receive
under titles II through IV for such year, the allocations to State
educational agencies under each of such titles shall be ratably reduced
by the same percentage to the extent necessary to bring the aggregate of
such allocations within the limits of the amounts so appropriated.
(2) In the event that funds become available for making payments
under this Act for any period after allocations have been made under
paragraph (1) of this subsection for such period, the amounts reduced
under such paragraph shall be increased on the same basis as they were
reduced.
Sec. 103. (a) The jurisdictions to which this section // 8 USC 1522
//
applies are Guam, American Samoa, the Virgin Islands, the Northern
Mariana Islands, and the Trust Territory of the Pacific Islands.
(b)(1) Each jurisdiction to which this section applies shall be
entitled to grants for the purposes set forth in sections 201(a), 302,
and 402 in amounts equal to amounts determined by the Secretary in
accordance with criteria established by the Secretary, except that the
aggregate of the amount to which such jurisdictions are so entitled for
any period--,
(A) for the purposes set forth in section 201(a), shall not
exceed an amount equal to 1 percent of the aggregate of the
amounts to which all States are entitled under section 201 for
that period;
(B) for the purposes set forth in section 302, shall not exceed
an amount equal to 1 percent of the aggregate of the amounts to
which all States are entitled under section 301 for that period;
and
(C) for the purposes set forth in section 402, shall not exceed
an amount equal to 1 percent of the aggregate of the amounts to
which all States are entitled under section 401 for that period.
(2) If the aggregate of the amounts determined by the Secretary
pursuant to paragraph (1) to be so needed for any period exceeds an
amount equal to such 1 percent limitation, the entitlement of each such
jurisdiction shall be reduced proportionately until such aggregate does
not exceed such limitation.
Sec. 104. // 8 USC 1522 //
The Secretary is authorized to pay to each State educational agency
amounts equal to the amounts expended by it for the proper and efficient
administration of its functions under this Act, except that the total of
such payments for any period shall not exceed 1 percent of the amounts
which that State educational agency is entitled to receive for that
period under this Act.
Sec. 105. // 8 USC 1522 //
Whenever the Secretary, after reasonable notice and opportunity for a
hearing to any State educational agency, finds that there is a failure
to meet the requirements of any title of this Act, the Secretary shall
notify that agency that further payments will not be made to the agency
under such title, or in the discretion of the Secretary, that the State
educational agency shall not make further payments under such title to
specified local educational agencies or other entities (in the case of
funds under title IV) whose actions cause or are involved in such
failure until the Secretary is satisfied that there is no longer any
such failure to comply. Until the Secretary is so satisfied, no further
payments shall be made to the State educational agency under such title,
or payments by the State educational agency under such title shall be
limited to local educational agencies or other entities (in the case of
funds under title IV) whose actions did not cause or were not involved
in the failure, as the case may be.
Sec. 201. (a) The Secretary shall, in accordance with the provisions
of this title, // 8 USC 1522 // make payments to State educational
agencies for each of the fiscal years 1981, 1982, and 1983 for the
purpose of assisting local educational agencies of that State in
providing basic education for Cuban and Haitian refugee children.
Payments made under this title to any State shall be used in accordance
with applications approved under section 202 for public educational
services for Cuban and Haitian refugee children enrolled in the
elementary and secondary public schools under the jurisdiction of the
local educational agencies of that State.
(b)(1) Except as provided in paragraph (2) and in subsection (c), the
amount of the grant to which a State educational agency is entitled
under this title, for any fiscal year described in subsection (a), shall
be equal to the product of--,
(A) the number of Cuban and Haitian refugee children enrolled
in elementary or secondary public schools under the jurisdiction
of each local educational agency within that State during the
period for which the determination is made;
multiplied by--,
(B) $450.
(2) The amount of the grant to which a State educational agency is
otherwise entitled for any fiscal year, as determined under paragraph
(1), shall be reduced by the amounts made available for such fiscal year
under any other Federal law for expenditure within the State for the
same purposes as those for which funds are made available under this
title, except that the reduction shall be made only to the extent that
such amounts (A) are allocated to the State (or to agencies or entities
providing services within the State) on the basis of a statutory
formula, and (B) are made available for such purposes specifically
because of the refugee, parolee, or asylee status of the individuals to
be served by such funds. The amount of the reduction required under
this paragraph shall be determined by the Secretary in a manner
consistent with subsection (c).
(3) For the purpose of this subsection, the term " State" does not
include Guam, American Samoa, the Virgin Islands, the Northern Mariana
Islands, and the Trust Territory of the Pacific Islands. The
entitlements of such jurisdictions shall be determined in the manner
specified in section 103, but for purposes of this title and section 105
any payments made under section 103 for the purposes set forth in
section 201(a) shall be considered to be payments under this title.
(c) Determinations by the Secretary under this title for any period
with respect to the number of Cuban and Haitian refugee children and the
amount of the reduction under subsection (b)(2) shall be made, whenever
actual satisfactory data are not available, on the basis of estimates.
No such determination shall operate because of an underestimate or
overestimate to deprive any State educational agency of its entitlement
to any payment (or the amount thereof) under this title to which such
agency would be entitled had such determination been made on the basis
of accurate data.
Sec. 202. (a) No State educational agency shall be entitled to any
payment under this title // 8 USC 1522 // for any period unless that
agency submits an application to the Secretary at such time, in such
manner, and containing or accompanied by such information, as the
Secretary may reasonably require. Each such application shall--,
(1) provide that the payments under this title will be used for
the purposes set forth in section 201(a);
(2) provide assurances that such payments will be distributed
among local educational agencies within that State in accordance
with section 201;
(3) provide assurances that the State educational agency will
not finally disapprove in whole or in part any application for
funds received under this title without first affording the local
educational agency submitting the application for such funds
reasonable notice and opportunity for a hearing; and
(4) provide for making such reports as the Secretary may
reasonably require to carry out this title.
(b) The Secretary shall approve an application which meets the
requirements of subsection (a). The Secretary shall not finally
disapprove an application of a State educational agency except after
reasonable notice and opportunity for a hearing on the record to such
agency.
Sec. 203. The Secretary shall pay to each State educational agency
having an application approved under section 202 // 8 USC 1522 // the
amount which that State is entitled to receive under this title.
Sec. 301. (a) The Secretary shall, in accordance with the provisions
of this title, // 8 USC 1522 // make payments to State educational
agencies for each of the fiscal years 1981, 1982, and 1983 for the
purpose set forth in section 302.
(b)(1) Except as provided in paragraph (3) and in subsections (c) and
(d) of this section, the amount of the grant to which a State
educational agency is entitled under this title--,
(A) for fiscal year 1981, shall be equal to the product of (i)
the number of Cuban and Haitian refugee children and Indochinese
refugee children enrolled during such fiscal year in elementary or
secondary public schools under the jurisdiction of each local
educational agency described under paragraph (2) within that
State, or in any elementary or secondary nonpublic school within
the districts served by each such local educational agency,
multiplied by (ii) $750;
(B) for fiscal year 1982, shall be equal to the sum of--,
refugee
children enrolled during fiscal year 1982 in elementary
or secondary public schools under the jurisdiction of
each
local educational agency described under paragraph (2)
within that State, or in any elementary or secondary
nonpublic
school within the districts served by each such local
educational agency, who were not enrolled in such
schools
during fiscal year 1981, multiplied by (II) $750; and
refugee
children enrolled during fiscal year 1982 in elementary
or secondary public schools under the jurisdiction of
each
local educational agency described under paragraph (2)
within that State, or in any elementary or secondary
nonpublic
school within the districts served by each such local
educational agency, who were enrolled in such schools
during fiscal year 1981, multiplied by (II) $500; and
(C) for fiscal year 1983, shall be equal to the sum of--,
refugee
children enrolled during fiscal year 1983 in elementary
or secondary public schools under the jurisdiction of
each
local educational agency described under paragraph (2)
within that State, or in any elementary or secondary
nonpublic
school within the districts served by each such local
educational agency, who were not enrolled in such
schools
during either fiscal year 1981 or fiscal year 1982,
multiplied
by (II) $750;
refugee
children enrolled during fiscal year 1983 in elementary
or secondary public schools under the jurisdiction of
each
local educational agency described under paragraph (2)
within that State, or in any elementary or secondary
nonpublic
school within the districts served by each such local
educational agency, who were enrolled in such schools
during either fiscal year 1981 or fiscal year 1982 (but
not
during both such fiscal years), multiplied by
(II) $500; and
of
Cuban and Haitian refugee children and Indochinese
refugee
children enrolled during fiscal year 1983 in elementary
or secondary public schools under the jurisdiction of
each
local educational agency described under paragraph (2)
within that State, or in any elementary or secondary
nonpublic
school within the districts served by each such local
educational agency, who were enrolled in such schools
during both of the fiscal years 1981 and 1982,
multiplied by
(II) $350.
(2) The local educational agencies referred to in paragraph (1) are
those local educational agencies in which the sum of the number of Cuban
and Haitian refugee children and Indochinese refugee children who are
enrolled in elementary or secondary public schools under the
jurisdiction of such agencies, or in elementary or secondary nonpublic
schools within the districts served by such agencies, during the fiscal
year for which the payments are to be made under this title, and are
receiving supplementary educational services during such period, is
equal to--,
(A) at least 500; or
(B) at least 5 percent of the total number of students enrolled
in such public or nonpublic schools during such fiscal year;
whichever number is less. Notwithstanding the provisions of this
paragraph, the local educational agencies referred to in paragraph (1)
shall include local educational agencies eligible to receive assistance
by reason of the last sentence of section 3(b) and section 3(c)(2)(B) of
the Act of September 30, 1950 (Public Law 874, Eighty-first Congress),
relating to Federal impact aid, subject to paragraph (5) of this
subsection.
(3) The amount of the grant to which a State educational agency is
otherwise entitled for any fiscal year, as determined under paragraph
(1), shall be reduced by the amounts made available under any other
Federal law to agencies or other entities for educational, or
education-related, services or activities within the State because of
the significant concentration of Cuban and Haitian refugee children or
Indochinese refugee children, except that the reduction shall be made
only to the extent that such amounts are allocated to the State, or to
such agencies or entities, on the basis of a statutory formula. The
amount of the reduction required under this paragraph shall be
determined by the Secretary in a manner consistent with subsection (c).
(4) For the purpose of this subsection, the term " State" does not
include Guam, American Samoa, the Virgin Islands, the Northern Mariana
Islands, and the Trust Territory of the Pacific Islands. The
entitlements of such jurisdictions shall be determined in the manner
specified in section 103, but for purposes of this title and section 105
any payments made under section 103 for the purposes set forth in
section 302 shall be considered to be payments under this title.
(5) The amount of the grant to which a State educational agency is
entitled as a result of the last sentence of paragraph (2) shall be
limited to Cuban and Haitian refugee children who meet the requirements
of section 101(1).
(c) Determinations by the Secretary under this title for any period
with respect to the number of Cuban and Haitian refugee children and
Indochinese refugee children and the amount of the reduction under
subsection (b)(3) shall be made, whenever actual satisfactory data are
not available, on the basis of estimates. No such determination shall
operate because of an underestimate or overestimate to deprive any State
educational agency of its entitlement to any payment (or the amount
thereof) under this title to which such agency would be entitled had
such determination been made on the basis of accurate data.
(d) Whenever the Secretary determines that any amount of a payment
made to a State under this title for a fiscal year will not be used by
such State for carrying out the purpose for which the payment was made,
the Secretary shall make such amount available for carrying out such
purpose to one or more other States to the extent the Secretary
determines that such other States will be able to use such additional
amount for carrying out such purpose. Any amount made available to a
State from an appropriation for a fiscal year in accordance with the
preceding sentence shall, for purposes of this title, be regarded as
part of such State's payment (as determined under subsection (b)) for
such year, but shall remain available until the end of the succeeding
fiscal year.
Sec. 302. (a) Payments made under this title // 8 USC 1522 // to any
State may be used in accordance with applications approved under section
303 for supplementary educational services and costs, as described under
subsection (b) of this section, for Cuban and Haitian refugee children
and Indochinese refugee children enrolled in the elementary and
secondary public schools under the jurisdiction of the local educational
agencies of the State described in section 301(b)(2) and in elementary
and secondary nonpublic schools of that State within the districts
served by such agencies.
(b) Financial assistance provided under this title shall be available
to meet the costs of providing Cuban and Haitian refugee children and
Indochinese refugee children supplementary educational services,
including but not limited to--,
(1) supplementary educational services necessary to enable
those children to achieve a satisfactory level of performance,
including--,
(2) additional basic instructional services which are directly
attributable to the presence in the school district of Cuban and
Haitian refugee children and Indochinese refugee children,
including the costs of providing additional classroom supplies,
overhead costs, costs of construction, acquisition or rental of
space, costs of transportation, or such other costs as are
directly attributable to such additional basic instructional
services; and
(3) special inservice training for personnel who will be
providing instruction described in either paragraph (1) or (2) of
this subsection.
Sec. 303. (a) No State educational agency shall be entitled to any
payment under this title // 8 USC 1522 // for any period unless that
agency submits an application to the Secretary at such time, in such
manner, and containing or accompanied by such information, as the
Secretary may reasonably require. Each such application shall--,
(1) provide that the educational programs, services and
activities for which payments under this title are made will be
administered by or under the supervision of the agency;
(2) provide assurances that payments under this title will be
used for purposes set forth in section 302;
(3) provide assurances that such payments will be distributed
among local educational agencies within that State in accordance
with section 301;
(4) provide assurances that the State educational agency will
not finally disapprove in whole or in part any application for
funds received under this title without first affording the local
educational agency submitting an application for such funds
reasonable notice and opportunity for a hearing;
(5) provide for making such reports as the Secretary may
reasonably require to perform his functions under this Act; and
(6) provide assurances--,
Cuban
and Haitian refugee children and Indochinese refugee
children
enrolled in the elementary or secondary nonpublic
schools within the district served by a local
educational
agency, such agency, after consultation with appropriate
officials of such schools, shall provide for the
benefit of these
children secular, neutral, and nonideological services,
materials,
and equipment necessary for the education of such
children;
paragraph
and the title to any materials, equipment, and property
repaired, remodeled, or constructed with those funds
shall be in a public agency for the uses and purposes
provided in this title, and a public agency shall
administer
such funds and property; and
paragraph
shall be provided by employees of a public agency or
through contract by such public agency with a person,
association, agency or corporation who or which, in the
provision of such services, is independent of such
elementary
or secondary nonpublic school and of any religious
organization;
and such employment or contract shall be under the
control and supervision of such public agency, and the
funds
provided under this paragraph shall not be commingled
with
State or local funds.
(b) The Secretary shall approve an application which meets the
requirements of subsection (a). The Secretary shall not finally
disapprove an application of a State educational agency except after
reasonable notice and opportunity for a hearing on the record to such
agency.
Sec. 304. (a) The Secretary shall pay to each State // 8 USC 1522 //
educational agency having an application approved under section 303 the
amount which that State is entitled to receive under this title.
(b) If a State is prohibited by law from providing public educational
services for children enrolled in elementary and secondary nonpublic
schools, as required by section 303(a)(6), or if the Secretary
determines that a local educational agency has substantially failed or
is unwilling to provide for the participation on an equitable basis of
children enrolled in such schools, the Secretary may waive such
requirement and shall arrange for the provision of services to such
children through arrangements which shall be subject to the requirements
of this Act.
Sec. 401. (a) The Secretary shall, in accordance with the provisions
of this title, // 8 USC 1522 // make payments to State educational
agencies for each of the fiscal years 1982 and 1983 for the purposes of
providing for the operation of adult education programs as described
under section 402 for Cuban and Haitian refugee adults aged 16 or older.
Payments made under this title to any State shall be used in accordance
with applications approved under section 403.
(b)(1) Except as provided in subsection (c) of this section, the
amount of the grant to which a State educational agency is entitled
under this Act, for any fiscal year described in subsection (a), shall
be equal to the product of--,
(A) the number of Cuban and Haitian refugee adults aged 16 or
older who are enrolled, during the period for which the
determination is made, in programs of instruction referred to in
section 402 which are offered within that State, other than any
such refugees who are enrolled in elementary or secondary public
schools under the jurisdiction of local educational agencies;
multiplied by--,
(B) $300.
(2) The amount of the grant to which a State educational agency is
otherwise entitled for any fiscal year, as determined under paragraph
(1), shall be reduced by the amounts made available for such fiscal year
under any other Federal law for expenditure within the State for the
same purposes as those for which funds are made available under this
title, except that the reduction shall be made only to the extent that
such amounts (A) are allocated to the State (or to agencies or entities
providing services within the State) on the basis of a statutory
formula, and (B) are made available for such purposes specifically
because of the refugee, parolee, or asylee status of the individuals to
be served by such funds. The amount of the reduction required under
this paragraph shall be determined by the Secretary in a manner
consistent with subsection (c).
(3) For the purpose of this subsection, the term " State" does not
include Guam, American Samoa, the Virgin Islands, the Northern Mariana
Islands, and the Trust Territory of the Pacific Islands. The
entitlements of such jurisdictions shall be determined in the manner
specified in section 103, but for purposes of this title and section 105
any payments made under section 103 for the purposes set forth in
section 402 shall be considered to be payments under this title.
(c) Determinations by the Secretary under this title for any period
with respect to the number of Cuban and Haitian refugee adults and the
amount of the reduction under subsection (b)(2) shall be made, whenever
actual satisfactory data are not available, on the basis of estimates.
No such determination shall operate because of an underestimate or
overestimate to deprive any State educational agency of its entitlement
to any payment (or the amount thereof) under this title to which such
agency would be entitled had such determination been made on the basis
of accurate data.
Sec. 402. (a) Funds made available to State educational agencies
under this title // 8 USC 1522 // shall be used by such agencies to
provide for programs of adult education and adult basic education to
Haitian and Cuban refugee adults aged 16 or older in need of such
services who are not enrolled in elementary or secondary public schools
under the jurisdiction of local educational agencies. Such programs may
be provided directly by the State educational agency, or such agency may
make grants, or enter into contracts, with local educational agencies,
and other public or private nonprofit agencies, organizations, or
institutions to provide for such programs. Funds available under this
title may be used for--,
(1) programs of instruction of such adult refugees in basic
reading and mathematics, in development and enhancement of
necessary skills, and for the promotion of literacy among such
refugees;
(2) administrative costs of planning and operating such
programs of instruction;
(3) educational support services which meet the need of such
adult refugees, including guidance and counseling with regard to
educational, career, and employment opportunities; and
(4) special projects designed to operate in conjunction with
existing Federal and non-Federal programs and activities to
develop occupational and related skills for individuals,
particularly programs authorized under the Comprehensive
Employment and Training Act of 1973
// 29 USC 801 //
or under the Vocational Education Act of 1963.
// 20 USC 2301 //
(b) The State educational agency shall review applications for grants
and contracts in a manner consistent with the purposes of paragraphs
(12) and (13) of section 306(b) of the Adult Education Act. // 20 USC
1205. //
(c) The State educational agency shall provide for the use of funds
made available under this title in such manner that the maximum number
of Haitian and Cuban refugee adults aged 16 or older residing within the
State receive education under the programs of instruction described
under subsection (a).
Sec. 403. (a) No State educational agency shall be entitled to any
payment under this title // 8 USC 1522 // for any period unless that
agency submits an application to the Secretary at such time, in such
manner, and containing or accompanied by such information, as the
Secretary may reasonably require. Each such application shall--,
(1) provide that payments made under this title will be used
only for the purposes, and in the manner, set forth in section
402;
(2) provide assurances that the State educational agency will
not finally disapprove in whole or in part any application for
funds received under this title without first affording the entity
submitting an application for such funds reasonable notice and
opportunity for a hearing; and
(3) provide for making periodic reports to the Secretary
evaluating the effectiveness of the payments made under this
title, and such other reports as the Secretary may reasonably
require to perform his functions under this Act.
(b) The Secretary shall approve an application which meets the
requirements of subsection (a). The Secretary shall not finally
disapprove an application of a State educational agency except after
reasonable notice and opportunity for a hearing on the record to such
agency.
Sec. 501. (a)(1) The President shall exercise authorities with
respect to Cuban and Haitian entrants which are identical to the
authorities which are exercised under chapter 2 of title IV of the
Immigration and Nationality Act. The authorizations provided in section
414 of that Act shall be available to carry out this section without
regard to the dollar limitation contained in section 414(a)(2).
(2) Any reference in chapter III of title I of the Supplemental
Appropriations and Rescission Act, 1980, to section 405(c)(2) of the
International Security and Development Assistance Act of 1980 or to the
International Security Act of 1980 shall be construed to be a reference
to paragraph (1) of this subsection.
(b) In addition, the President may, by regulation, provide that
benefits granted under any law of the United States (other than the
Immigration and Nationality Act) with respect to individuals admitted to
the United States under section 207(c) of the Immigration and
Nationality Act shall be granted in the same manner and to the same
extent with respect to Cuban and Haitian entrants.
(c)(1)(A) Any Federal agency may, under the direction of the
President, provide assistance (in the form of materials, supplies,
equipment, work, services, facilities, or otherwise) for the processing,
care, maintenance, security, transportation, and initial reception and
placement in the United States of Cuban and Haitian entrants. Such
assistance shall be provided on such terms and conditions as the
President may determine.
(B) Funds available to carry out this subsection shall be used to
reimburse State and local governments for expenses which they incur for
the purposes described in subparagraph (A). Such funds may be used to
reimburse Federal agencies for assistance which they provide under
subparagraph (A).
(2) The President may direct the head of any Federal agency to detail
personnel of that agency, on either a reimbursable or nonreimbursable
basis, for temporary duty with any Federal agency directed to provide
supervision and management for purposes of this subsection.
(3) The furnishing of assistance or other exercise of functions under
this subsection shall not be considered a major Federal action
significantly affecting the quality of the human environment within the
meaning of the National Environmental Policy Act of 1969. // 42 USC 4321
//
(4) Funds to carry out this subsection may be available until
expended.
(5) To facilitate the transfer of the functions described in
paragraph (1) from the Federal Emergency Management Agency to other
Federal agencies pursuant to this subsection, the purposes for which the
funds appropriated to the President in the first paragraph under the
heading " FEDERAL EMERGENCY MANAGEMENT AGENCY" in chapter VII of title I
of the Supplemental Appropriations and Rescission Act, 1980, are
available may be construed to include use in carrying out this
subsection to the extent that those funds are allocated for use for any
of the purposes described in paragraph (1) of this subsection.
(d) The authorities provided in this section are applicable to
assistance and services provided with respect to Cuban or Haitian
entrants at any time after their arrival in the United States, including
periods prior to the enactment of this section.
(e) As used in this section, the term " Cuban and Haitian entrant"
means--,
(1) any individual granted parole status as a Cuban/ Haitian
Entrant (Status Pending) or granted any other special status
subsequently established under the immigration laws for nationals
of Cuba or Haiti, regardless of the status of the individual at
the time assistance or services are provided; and
(2) any other national of Cuba or Haiti--,
proceedings
under the Immigration and Nationality Act;
// 8 USC 1101 //
or
has not
been entered.
Approved October 10, 1980.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 96 - 1218 (Comm. on Education and Labor).
CONGRESSIONAL RECORD, Vol. 126 (1980):
Aug. 18, considered and passed House.
Sept. 25, considered and passed Senate, amended.
Sept. 30, Oct. 1, House concurred in Senate amendments.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 16, No. 42:
Oct. 10, Presidential statement.
PUBLIC LAW 96-421, 94 STAT, 1798
in February of 1981 as
" National Patriotism Week".
Wheras the freedom known in this country was won through great
sacrifice and long tribulation; and
Whereas similar sacrifices have been made by the citizenry of the
United States to extend liberty and well-being to other nations of the
world; and
Whereas it is altogether fitting and proper to recognize such great
freedoms, and to honor so great a Nation: Now, therefore, be it
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That the week commencing with
the third Monday in February of 1981 is hereby designated as " National
Patriotism Week".
Sec. 2. The President is authorized and requested to issue a
proclamation--,
(1) calling upon the people of the United States to commemorate
National Patriotism Week with appropriate celebrations and
observances;
(2) encouraging primary and secondary schools to adopt an
appropriate curriculum for that week including such elements as
the study of the Pledge of Allegiance and the national anthem,
national symbols, seals, and mottos, and national monuments,
heroes, and accomplishments; and
(3) requesting each Federal agency to recognize such week by
taking such action as it may deem appropriate.
Approved October 10, 1980.
LEGISLATIVE HISTORY:
SENATE REPORT No. 96 - 577 (Comm. on the Judiciary).
CONGRESSIONAL RECORD, Vol. 126 (1980):
Feb. 26, considered and passed Senate.
Sept. 29, considered and passed House, amended.
Sept. 30, Senate concurred in House amendments.
PUBLIC LAW 96-420, 94 STAT, 1785, MAINE INDIAN CLAIMS SETTLEMENT ACT
OF 1980.
Indian nations and tribes
and bands of Indians in the State of Maine,
including the Passamaquoddy Tribe,
the Penobscot Nation, and the Houlton Band of
Maliseet Indians, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That this Act // 25 USC
1721 // may be cited as the " Maine Indian Claims Settlement Act of
1980".
Sec. 2. // 25 USC 1721. // (a) Congres hereby finds and declares
that:
(1) The Passamaquoddy Tribe, the Penobscot Nation, and the
Maliseet Tribe are asserting claims for possession of lands within
the State of Maine and for damages on the ground that the lands in
question were originally transferred in violation of law,
including, but without limitation, the Trade and Intercourse Act
of 1790 (1 Stat. 137), or subsequent reenactments or versions
thereof.
(2) The Indians, Indian nations, and tribes and bands of
Indians, other than the Passamaquoddy Tribe, the Penobscot Nation,
and the Houlton Band of Maliseet Indians, that once may have held
aboriginal title to lands within the State of Maine long ago
abandoned their aboriginal holdings.
(3) The Penobscot Nation, as represented as of the time of
passage of this Act by the Penobscot Nation's Governor and
Council, is the sole successor in interest to the aboriginal
entity generally known as the Penobscot Nation which years ago
claimed aboriginal title to certain lands in the State of Maine.
(4) The Passamaquoddy Tribe, as represented as of the time of
passage of this Act by the Joint Tribal Council of the
Passamaquoddy Tribe, is the sole successor in interest to the
aboriginal entity generally known as the Passamaquoddy Tribe which
years ago claimed aboriginal title to certain lands in the State
of Maine.
(5) The Houlton Band of Maliseet Indians, as represented as of
the time of passage of this Act by the Houlton Band Council, is
the sole successor in interest, as to lands within the United
States, to the aboriginal entity generally known as the Maliseet
Tribe which years ago claimed aboriginal title to certain lands in
the State of Maine.
(6) Substantial economic and social hardship to a large number
of landowners, citizens, and communities in the State of Maine,
and therefore to the economy of the State of Maine as a whole,
will result if the aforementioned claims are not resolved
promptly.
(7) This Act represents a good faith effort on the part of
Congress to provide the Passamaquoddy Tribe, the Penobscot Nation,
and the Houlton Band of Maliseet Indians with a fair and just
settlement of their land claims. In the absence of congressional
action, these land claims would be pursued through the courts, a
process which in all likelihood would consume many years and
thereby promote hostility and uncertainty in the State of Maine to
the ultimate detriment of the Passamaquoddy Tribe, the Penobscot
Nation, the Houlton Band of Maliseet Indians, their members, and
all other citizens of the State of Maine.
(8) The State of Maine, with the agreement of the Passamaquoddy
Tribe and the Penobscot Nation, has enacted legislation defining
the relationship between the Passamaquoddy Tribe, the Penobscot
Nation, and their members, and the State of Maine.
(9) Since 1820, the State of Maine has provided special
services to the Indians residing within its borders, including the
members
the Houlton Band of Maliseet Indians. During this same period,
the United States provided few special services to the respective
tribe, nation, or band, and repeatedly denied that it had
jurisdiction over or responsibility for the said tribe, nation,
and band. In view of this provision of special services by the
State of Maine, requiring substantial expenditures by the State of
Maine and made by the State of Maine without being required to do
so by Federal law, it is the intent of Congress that the State of
Maine not be required further to contribute directly to this
claims settlement.
(b) It is the purpose of this Act--,
(1) to remove the cloud on the titles to land in the State of
Maine resulting from Indian claims;
(2) to clarify the status of other land and natural resources
in the State of Maine;
(3) to ratify the Maine Implementing Act, which defines the
relationship between the State of Maine and the Passamaquoddy
Tribe, and the Penobscot Nation, and
(4) to confirm that all other Indians, Indian nations and
tribes and bands of Indians now or hereafter existing or
recognized in the State of Maine are and shall be subject to all
laws of the State of Maine, as provided herein.
Sec. 3. // 25 USC 1722. // For purposes of this Act, the term--,
(a) " Houlton Band of Maliseet Indians" means the sole
successor to the Maliseet Tribe of Indians as constituted in
aboriginal times in what is now the State of Maine, and all its
predecessors and successors in interest. The Houlton Band of
Maliseet Indians is represented, as of the date of the enactment
of this Act, as to lands within the United States, by the Houlton
Band Council of the Houlton Band of Maliseet Indians;
(b) "land or natural resources" means any real property or
natural resources, or any interest in or right involving any real
property or natural resources, including but without limitation
minerals and mineral rights, timber and timber rights, water and
water rights, and hunting and fishing rights;
(c) " Land Acquisition Fund" means the Maine Indian Claims Land
Acquisition Fund established under section 5(c) of this Act;
(d) "laws of the State" means the constitution, and all
statutes, regulations, and common laws of the State of Maine and
its political subdivisions and all subsequent amendments thereto
or judicial interpretations thereof;
(e) " Maine Implementing Act" means section 1, section 30, and
section 31, of the " Act to Implement the Maine Indian Claims
Settlement" enacted by the State of Maine in chapter 732 of the
public laws of 1979;
(f) " Passamaquoddy Indian Reservation" means those lands as
defined in the Maine Implementing Act;
(g) " Passamaquoddy Indian Territory" means those lands as
defined in the Maine Implementing Act;
(h) " Passamaquoddy Tribe" means the Passamaquoddy Indian
Tribe, as constituted in aboriginal times and all its predecessors
and successors in interest. The Passamaquoddy Tribe is
represented, as of the date of the enactment of this Act, by the
Joint Tribal Council of the Passamaquoddy Tribe, with separate
councils at the Indian Township and Pleasant Point Reservations;
(i) " Penobscot Indian Reservation" means those lands as
defined in the Maine Implementing Act;
(j) " Penobscot Indian Territory" means those lands as defined
in the Maine Implementing Act;
(k) " Penobscot Nation" means the Penobscot Indian Nation as
constituted in aboriginal times, and all its predecessors and
successors in interest. The Penobscot Nation is represented, as
of the date of enactment of this act, by the Penobscot Nation
Governor and Council;
(l) " Secretary" means the Secretary of the Interior;
(m) " Settlement Fund" means the Maine Indian Claims Settlement
Fund established under section 5(a) of this Act; and
(n) "transfer" includes but is not limited to any voluntary or
involuntary sale, grant, lease, allotment, partition, or other
conveyance; any trnsaction the purpose of which was to effect a
sale, grant, lease, allotment, partition, or conveyance; and any
act, event, or circumstance that resulted in a change in title to,
possession of, dominion over, or control of land or natural
resources.
INDIAN
TITLE AND CLAIMS OF THE PASSAMAQUODDY TRIBE,
THE PENOBSCOT
NATION, THE HOULTON BAND OF MALISEET INDIANS,
AND ANY OTHER
INDIANS, INDIAN NATION, OR TRIBE OR BAND OF
INDIANS WITHIN
THE STATE OF MAINE
Sec. 4. // 25 USC 1723. // (a)(1) Any transfer of land or natural
resources located anywhere within the United States from, by, or on
behalf of the Passamaquoddy Tribe, the Penobscot Nation, the Houlton
Band of Maliseet Indians, or any of their members, and any transfer of
land or natural resources located anywhere within the State of Maine,
from, by, or on behalf of any Indian, Indian nation, or tribe or band of
Indians, including but without limitation any transfer pursuant to any
treaty, compact, or statute of any State shall be deemed to have been
made in accordance with the Constitution and all laws of the United
States, including but without limitation the Trade and Intercourse Act
of 1790, Act of July 22, 1790 (ch. 33, Sec. 4, 1 Stat. 137, 138), and
all amendments thereto and all subsequent reenactments and versions
thereof, and Congress hereby does approve and ratify any such transfer
effective as of the date of said transfer: Provided however, That
nothing in this section shall be construed to affect or eliminate the
personal claim of any individual Indian (except for any Federal common
law fraud claim) which is pursued under any law of general applicability
that protects non-Indians as well as Indians.
(2) The United States is barred from asserting on behalf of any
Indian, Indian nation, or tribe or band of Indians any claim under the
laws of the State of Maine arising before the date of this Act and
arising from any transfer of land or natural resources by any Indian,
Indian nation, or tribe or band of Indians, located anywhere within the
State of Maine, including but without limitation any transfer pursuant
to any treaty, compact, or statute of any State, on the grounds that
such transfer was not made in accordance with the laws of the State of
Maine.
(3) The United States is barred from asserting by or on behalf of any
individual Indian any claim under the laws of the State of Maine arising
from any transfer of land or natural resources located anywhere within
the State of Maine from, by, or on behalf of any individual Indian,
which occurred prior to December 1, 1873, including but without
limitation any transfer pursuant to any treaty, compact, or statute of
any State.
(b) To the extent that any transfer of land or natural resources
described in subsection (a)(1) of this section may involve land or
natural resources to which the Passamaquoddy Tribe, the Penobscot
Nation, the Houlton Band of Maliseet Indians, or any of their members,
or any other Indian, Indian nation, or tribe or band of Indians had
aboriginal title, such subsection (a)(1) shall be regarded as an
extinguishment of said aboriginal title as of the date of such transfer.
(c) By virtue of the approval and ratification of a transfer of land
or natural resources effected by this section, or the extinguishment of
aboriginal title effected thereby, all claims against the United States,
any State or subdivision thereof, or any other person or entity, by the
Passamaquoddy Tribe, the Penobscot Nation, the Houlton Band of Maliseet
Indians or any of their members or by any other Indian, Indian nation,
tribe or band of Indians, or any predecessors or successors in interest
thereof, arising at the time of or subsequent to the transfer and based
on any interest in or right involving such land or natural resources,
including but without limitation claims for trespass damages or claims
for use and occupancy, shall be deemed extinguished as of the date of
the transfer.
(d) The provisions of this section shall take effect immediately upon
appropriation of the funds authorized to be appropriated to implement
the provisions of section 5 of this Act. The Secretary shall publish
notice of such appropriation in the Federal Register when such funds are
appropriated.
Sec. 5. // 25 USC 1724. // (a) There is hereby established in the
United States Treasury a fund to be known as the Maine Indian Claims
Settlement Fund in which $27,000,000 shall be deposited following the
appropriation of sums authorized by section 14 of this Act.
(b)(1) One-half of the principal of the settlement fund shall be held
in trust by the Secretary for the benefit of the Passamaquoddy Tribe,
and the other half of the settlement fund shall be held in trust for the
benefit of the Penobscot Nation. Each portion of the settlement fund
shall be administered by the Secretary in accordance with reasonable
terms established by the Passamaquoddy Tribe or the Penobscot Nation,
respectively, and agreed to by the Secretary: Provided, That the
Secretary may not agree to terms which provide for investment of the
settlement fund in a manner not in accordance with section 1 of the Act
of June 24, 1938 (52 Stat. 1037), // 25 USC 162a. // unless the
respective tribe or nation first submits a specific waiver of liability
on the part of the United States for any loss which may result from such
an investment: Provided, further, That until such terms have been
agreed upon, the Secretary shall fix the terms for the administration of
the portion of the settlement fund as to which there is no agreement.
(2) Under no circumstances shall any part of the principal of the
settlement fund be distributed to either the Passamaquoddy Tribe or the
Penobscot Nation, or to any member of either tribe or nation: Provided,
however, That nothing herein shall prevent the Secretary from investing
the principal of said fund in accordance with paragraph (1) of this
subsection.
(3) The Secretary shall make available to the Passamaquoddy Tribe and
the Penobscot Nation in quarterly payments, without any deductions
except as expressly provided in subsection 6(d)(2) and without liability
to or on the part of the United States, any income received from the
investment of that portion of the settlement fund allocated to the
respective tribe or nation, the use of which shall be free of regulation
by the Secretary. The Passamaquoddy Tribe and the Penobscot Nation
annually shall each expend the income from $1,000,000 of their portion
of the settlement fund for the benefit of their respective members who
are over the age of sixty. Once payments, under this paragraph have
been made to the tribe or nation, the United States shall have no
further trust responsibility to the tribe or nation or their members
with respect to the sums paid, any subsequent distribution of these
sums, or any property or services purchased therewith.
(c) There is hereby established in the United States Treasury a fund
to be known as the Maine Indian Claims Land Acquisition Fund in which
$54,500,000 shall be deposited following the appropriation of sums
authorized by section 14 of this Act.
(d) The principal of the land acquisition fund shall be apportioned
as follows:
(1) $900,000 to be held in trust for the Houlton Band of
Maliseet Indians;
(2) $26,800,000 to be held in trust for the Passamaquoddy
Tribe; and
(3) $26,800,000 to be held in trust for the Penobscot Nation.
The Secretary is authorized and directed to expend, at the request of
the affected tribe, nation or band, the principal and any income
accruing to the respective portions of the land acquisition fund for the
purpose of acquiring land or natural resources for the Passamaquoddy
Tribe, the Penobscot Nation, and the Houlton Band of Maliseet Indians
and for no other purpose. The first 150,000 acres of land or natural
resources acquired for the Passamaquoddy Tribe and the first 150,000
acres acquired for the Penobscot Nation within the area described in the
Maine Implementing Act as eligible to be included within the
Passamaquoddy Indian Territory and the Penobscot Indian Territory shall
be held in trust by the United States for the benefit of the respective
tribe or nation. The Secretary is also authorized to take in trust for
the Passamaquoddy Tribe or the Penobscot Nation any land or natural
resources acquired within the aforesaid area by purchse, gift, or
exchange by such tribe or nation. Land or natural resources acquired
outside the boundaries of the aforesaid areas shall be held in fee by
the respective tribe or nation, and the United States shall have no
further trust responsibility with respect thereto. Land or natural
resources acquired within the State of Maine for the Houlton Band of
Maliseet Indians shall be held in trust by the United States for the
benefit of the band: Provided, That no land or natural resources shall
be so acquired for or on behalf of the Houlton Band of Maliseet Indians
without the prior enactment of appropriate legislation by the State of
Maine approving such acquisition: Provided further, That the
Passamaquoddy Tribe and the Penobscot Nation shall each have a one-half
undivided interest in the corpus of the trust, which shall consist of
any such property or subsequently acquired exchange property, in the
event the Houlton Band of Maliseet Indians should terminate its interest
in the trust.
(4) The Secretary is authorized to, and at the request of
either party shall, participate in negotiations between the State
of Maine and the Houlton Band of Maliseet Indians for the purpose
of assisting in securing agreement as to the land or natural
resources to be acquired by the United States to be held in trust
for the benefit of the Houlton Band. Such agreement shall be
embodied in the legislation enacted by the State of Maine
approving the acquisition of such lands as required by section 5(
d)(3). The agreement and the legislation shall be limited to:
or
taxation of land or natural resources held in trust for
the
Houlton Band no less restrictive than those provided
by this
Act and the Maine Implementing Act for land or
natural
resources to be held in trust for the Passamaquoddy
Tribe or
Penobscot Nation;
Maine to
condemn such lands that are no less restrictive than the
provisions of this Act and the Maine Implementing
Act that
apply to the Passamaquoddy Indian Territory and the
Penobscot Indian Territory but not within either the
Passamaquoddy Indian Reservation or the Penobscot
Indian
Reservation;
the Houlton
Band concerning:
the
powers of a municipality under the Maine Implementing
Act;
shall not
include any other provisions regarding the enforcement
or application
of the laws of the State of Maine. Within one year
of the
date of enactment of this Act, the Secretary is
directed to submit
to the appropriate committees of the House of
Representatives
and the Senate having jurisdiction over Indian
affairs a report on
the status of these negotiations.
(e) Notwithstanding the provisions of section 1 of the Act of August
1, 1888 (25 Stat. 357), as amended, and section 1 of the Act of February
26, 1931 (46 Stat. 1421), the Secretary may acquire land or natural
resources under this section from the ostensible owner of the land or
natural resources only if the Secretary and the ostensible owner of the
land or natural resources have agreed upon the identity of the land or
natural resources to be sold and upon the purchase price and other terms
of sale. Subject to the agreement required by the preceding sentence,
the Secretary may institute condemnation proceedings in order to perfect
title, satisfactory to the Attorney General, in the United States and
condemn interests adverse to the ostensible owner. Except for the
provisions of this Act, the United States shall have no other authority
to acquire lands or natural resources in trust for the benefit of
Indians or Indian nations, or tribes, or bands of Indians in the State
of Maine.
(f) The Secretary may not expend on behalf of the Passamaquoddy
Tribe, the Penobscot Nation, or the Houlton Band of Maliseet Indians any
sums deposited in the funds established pursuant to the subsections (a)
and (c) of this section unless and until he finds that authorized
officials of the respective tribe, nation, or band have executed
appropriate documents relinquishing all claims to the extent provided by
sections 4, 11, and 12 of this Act and by section 6213 of the Maine
Implementing Act, including stipulations to the final judicial dismissal
with prejudice of their claims.
(g)(1) The provisions of section 2116 of the Revised Statutes // 25
USC 177. // shall not be applicable to (A) the Passamaquoddy Tribe, the
Penobscot Nation, or the Houlton Band of Maliseet Indians or any other
Indian, Indian nation, or tribe or band of Indians in the State of
Maine, or (B) any land or natural resources owned by or held in trust
for the Passamaquoddy Tribe, the Penobscot Nation, or the Houlton Band
of Maliseet Indians or any other Indian, Indian nation or tribe or band
of Indians in the State of Maine. Except as provided in subsections
(d)(4) and (g)(2), such land or natural resources shall not otherwise be
subject to any restraint on alienation by virtue of being held in trust
by the United States or the Secretary.
(2) Except as provided in paragraph (3) of this subsection, any
transfer of land or natural resources within Passamaquoddy Indian
Territory or Penobscot Indian Territory, except (A) takings for public
uses pursuant to the laws of the United States, or (C) transfers of
individual Indian use assignments from one member of the Passamaquoddy
Tribe or Penobscot Nation to another member of the same tribe or nation,
shall be void ab initio and without any validity in law or equity.
(3) Land or natural resources within the Passamaquoddy Indian
Territory or the Penobscot Indian Territory or held in trust for the
benefit of the Houlton Band of Maliseet Indians may, at the request of
the respective tribe, nation, or band, be--,
(A) leased in accordance with the Act of August 9, 1955 (69
Stat. 539),
// 25 USC 415 - 415d, 396. //
as amended;
(B) leased in accordance with the Act of May 11, 1938 (52 Stat.
347),
// 25 USC 396a-396f //
as amended;
(C) sold in accordance with section 7 of the Act of June 25,
1910 (36 Stat. 857),
// 25 USC 407. //
as amended;
(D) subjected to rights-of-way in accordance with the Act of
February 5, 1948 (62 Stat. 17);
// 25 USC 323 - 328 //
(E) exchanged for other land or natural resources of equal
value, or if they are not equal, the values shall be equalized by
the payment of money to the grantor or to the Secretary for
deposit in the land acquisition fund for the benefit of the
affected tribe, nation, or band, as the circumstances require, so
long as payment does not exceed 25 per centum of the total value
of the interests in land to be transferred by the tribe, nation,
or band; and
(F) sold, only if at the time of sale the Secretary has entered
into an option agreement or contract of sale to purchase other
lands of approximate equal value.
(h) Land or natural resources acquired by the Secretary in trust for
the Passamaquoddy Tribe and the Penobscot Nation shall be managed and
administered in accordance with terms established by the respective
tribe or nation and agreed to by the Secretary in accordance with
section 102 of the Indian Self-Determination and Education Assistance
Act (88 Stat. 2206), // 25 USC 450f. // or other existing law.
(i)(1) Trust or restricted land or natural resources within the
Passamaquoddy Indian Reservation or the Penobscot Indian Reservation may
be condemned for public purposes pursuant to the Maine Implementing Act.
In the event that the compensation for the taking is in the form of
substitute land to be added to the reservation, such land shall become a
part of the reservation in accordance with the Maine Implementing Act
and upon notification to the Secretary of the location and boundaries of
the substitute land. Such substitute land shall have the same trust or
restricted status as the land taken. To the extent that the compensation
is in the form of monetary proceeds, it shall be deposited and
reinvested as provided in paragraph (2) of this subsection.
(2) Trust land of the Passamaquoddy Tribe or the Penobscot Nation not
within the Passamaquoddy Reservation or Penobscot Reservation may be
condemned for public purposes pursuant to the Maine Implementing Act.
The proceeds from any such condemnation shall be deposited in the land
acquisition fund established by section 5(c) and shall be reinvested in
acreage within unorganized or unincorporated areas of the State of
Maine. When the proceeds are reinvested in land whose acreage does not
exceed that of the land taken, all the land shall be acquired in trust.
When the proceeds are invested in land whose acreage exceeds the acreage
of the land taken, the respective tribe or nation shall designate, with
the approval of the United States, and within thirty days of such
reinvestment, that portion of the land acquired by the reinvestment, not
to exceed the area taken, which shall be acquired in trust. The land
not acquired in trust shall be held in fee by the respective tribe or
nation. The Secretary shall certify, in writing, to the Secretary of
State of the State of Maine the location, boundaries, and status of the
land acquired.
(3) The State of Maine shall have initial jurisdiction over
condemnation proceedings brought under this section. The United States
shall be a necessary party to any such condemnation proceedings. After
exhaustion of all State administrative remedies, the United States is
authorized to seek judicial review of all relevant matters in the courts
of the United States and shall have an absolute right of removal, at its
discretion, over any action commenced in the courts of the State.
(j) When trust or restricted land or natural resources of the
Passamaquoddy Tribe, the Penobscot Nation, or the Houlton Band of
Maliseet Indians are condemned pursuant to any law of the United States
other than this Act, the proceeds paid in compensation for such
condemnation shall be deposited and reinvested in accordance with
subsection (i)(2) of this section.
Sec. 6. (a) Except as provided in section 8(e) and section 5(d)(4),
// 25 USC 1725. // all Indians, Indian nations, or tribes or bands of
Indians in the State of Maine, other than the Passamaquoddy Tribe, the
Penobscot Nation, and their members, and any lands or natural resources
owned by any such Indian, Indian nation, tribe or band of Indians and
any lands or natural resources held in trust by the United States, or by
any other person or entity, for any such Indian, Indian nation, tribe,
or band of Indians shall be subject to the civil and criminal
jurisdiction of the State, the laws of the State, and the civil and
criminal jurisdiction of the courts of the State, to the same extent as
any other person or land therein.
(b)(1) The Passamaquoddy Tribe, the Penobscot Nation, and their
members, and the land and natural resources owned by, or held in trust
for the benefit of the tribe, nation, or their members, shall be subject
to the jurisdiction of the State of Maine to the extent and in the
manner provided in the Maine Implementing Act and that Act is hereby
approved, ratified, and confirmed.
(2) Funds appropriated for the benefit of Indian people or for the
administration of Indian affairs may be utilized, consistent with the
purposes for which they are appropriated, by the Passamaquoddy Tribe and
the Penobscot Nation to provide part or all of the local share as
provided by the Maine Implementing Act.
(3) Nothing in this section shall be construed to supersede any
Federal laws or regulations governing the provision or funding of
services or benefits to any person or entity in the State of Maine
unless expressly provided by this Act.
(4) Not later than October 30, 1982, the Secretary is directed to
submit to the appropriate committees of the House of Representatives and
the Senate having jurisdiction over Indian affairs a report on the
Federal and State funding provided the Passamaquoddy Tribe and Penobscot
Nation compared with the respective Federal and State funding in other
States.
(c) The United States shall not have any criminal jurisdiction in the
State of Maine under the provisions of sections 1152, 1153, 1154, 1155,
1156, 1160, 1161, and 1165 of title 18 of the United States Code. This
provision shall not be effective until sixty days after the publication
of notice in the Federal Register as required by subsection 4(d) of this
Act.
(d)(1) The Passamaquoddy Tribe, the Penobscot Nation, and the Houlton
Band of Maliseet Indians, and all members thereof, and all other
Indians, Indian nations, or tribes or bands of Indians in the State of
Maine may sue and be sued in the courts of the State of Maine and the
United States to the same extent as any other entity or person residing
in the State of Maine may sue and be sued in those courts; and section
1362 of title 28, United States Code, shall be applicable to civil
actions brought by the Passamaquoddy Tribe, the Penobscot Naton, and the
Houlton Band of Maliseet Indians: Provided, however, That the
Passamaquoddy Tribe, the Penobscot Nation, and their officers and
employees shall be immune from suit to the extent provided in the Maine
Implementing Act.
(2) Notwithstanding the provisions of section 3477 of the Revised
Statutes, // 31 USC 203. // as amended, the Secretary shall honor valid
final orders of a Federal, State, or territorial court which enters
money judgments for causes of action which arise after the date of the
enactment of this Act against either the Passamaquoddy Tribe or the
Penobscot Nation by making an assignment to the judgment creditor of the
right to receive income out of the next quarterly payment from the
settlement fund established pursuant to section 5(a) of this Act and out
of such future quarterly payments as may be necessary until the judgment
is satisfied.
(e)(1) The consent of the United States is hereby given to the State
of Maine to amend the Maine Implementing Act with respect to either the
Passamaquoddy Tribe or the Penobscot Nation: Provided, That such
amendment is made with the agreement of the affected tribe or nation,
and that such amendment relates to (A) the enforcement or application of
civil, criminal, or regulatory laws of the Passamaquoddy Tribe, the
Penobscot Nation, and the State within their respective jurisdictions;
(B) the allocation or determination of governmental responsibility of
the State and the tribe or nation over specified subject matters or
specified geographical areas, or both, including provision for
concurrent jurisdiction between the State and the tribe or nation; or
(C) the allocation of jurisdiction between tribal courts and State
courts.
(2) Notwithstanding the provisions of subsection (a) of this section,
the State of Maine and the Houlton Band of Maliseet Indians are
authorized to execute agreements regarding the jurisdiction of the State
of Maine over lands owned by or held in trust for the benefit of the
band or its members.
(f) The Passamaquoddy Tribe and the Penobscot Nation are hereby
authorized to exercise jurisdiction, separate and distinct from the
civil and criminal jurisdiction of the State of Maine, to the extent
authorized by the Maine Implementing Act, and any subsequent amendments
thereto.
(g) The Passamaquoddy Tribe, the Penobscot Nation, and the State of
Maine shall give full faith and credit to the judicial proceedings of
each other.
(h) Except as other wise provided in this Act, the laws and
regulations of the United States which are generally applicable to
Indians, Indian nations, or tribes or bands of Indians or to lands owned
by or held in trust for Indians, Indian nations, or tribes or bands of
Indians shall be applicable in the State of Maine, except that no law or
regulation of the United States (1) which accords or relates to a
special status or right of or to any Indian, Indian nation, tribe or
band of Indians Indian lands, Indian reservations, Indian country,
Indian territory or land held in trust for Indians, and also (2) which
affects or preempts the civil, criminal, or regulatory jurisdiction of
the State of Maine, including, without limitation, laws of the State
relating to land use or environmental matters, shall apply within the
State.
(i) As federally recognized Indian tribes, the Passamaquoddy Tribe,
the Penobscot Nation, and the Houlton Band of Maliseet Indians shall be
eligible to receive all of the financial benefits which the United
States provides to Indians, Indian nations, or tribes or bands of
Indians to the same extent and subject to the same eligibility criteria
generally applicable to other Indians, Indian nations or tribes or bands
of Indians. The Passamaquoddy Tribe, the Penobscot Nation, and the
Houlton Band of Maliseet Indians shall be treated in the same manner as
other federally recognized tribes for the purposes of Federal taxation
and any lands which are held by the respective tribe, nation, or band
subject to a restriction against alienation or which are held in trust
for the benefit of the respective tribe, nation, or band shall be
considered Federal Indian reservations for purposes of Federal taxation.
Sec. 7. // 25 USC 1726. // (a) The Passamaquoddy Tribe, the
Penobscot Nation, and the Houlton Band of Maliseet Indians may each
organize for its common welfare and adopt an appropriate instrument in
writing to govern the affairs of the tribe, nation, or band when each is
acting in its governmental capacity. Such instrument and any amendments
thereto must be consistent with the terms of this Act and the Maine
Implementing Act. The Passamaquoddy Tribe, the Penobscot Nation, and
the Houlton Band of Maliseet Indians shall each file with the Secretary
a copy of its organic governing document and any amendments thereto.
(b) For purposes of benefits under this Act and the recognition
extended the Houlton Band of Maliseet Indians, no person who is not a
citizen of the United States may be considered a member of the Houlton
Band of Maliseets, except persons who, as of the date of this Act, are
enrolled members on the band's existing membership roll, and direct
lineal descendants of such members. Membership in the band shall be
subject to such further qualifications as may be provided by the band in
its organic governing document or amendments thereto subject to the
approval of the Secretary.
Sec. 8. // 25 USC 1727. // (a) The Passaquoddy Tribe or the
Penobscot Nation may assume exclusive jurisdiction over Indian child
custody proceedings pursuant to the Indian Child Welfare Act of 1978 (92
Stat. 3069). // 25 USC 1901 // Before the respective tribe or nation may
assume such jurisdiction over Indian child custody proceedings, the
respective tribe or nation shall present to the Secretary for approval a
petition to assume such jurisdiction and the Secretary shall approve
that petition in the manner prescribed by sections 108(a)-(c) of said
Act. // 25 USC 1918. //
(b) Any petition to assume jurisdiction over Indian child custody
proceedings by the Passamaquoddy Tribe or the Penobscot Nation shall be
considered and determined by the Secretary in accordance with sections
108(b) and (c) of the Act.
(c) Assumption of jurisdiction under this section shall not affect
any action or proceeding over which a court has already assumed
jurisdiction.
(d) For the purposes of this section, the Passamaquoddy Indian
Reservation and the Penobscot Indian Reservation are "reservations"
within section 4(10) of the Act.
(e) For the purposes of this section, the Houlton Band of Maliseet
Indians is an " Indian tribe" within section 4(8) of the Act, provided,
that nothing in this subsection shall alter or effect the jurisdiction
of the State of Maine over child welfare matters as provided in
subsection 6(e)(2) of this Act.
(f) Until the Passamaquoddy Tribe or the Penobscot Nation has assumed
exclusive jurisdiction over the Indian child custody proceedings
pursuant to this section, the State of Maine shall have exclusive
jurisdiction over Indian child custody proceedings of that tribe or
nation.
PENOBSCOT NATION,
AND HOULTON BAND OF MALISEET INDIANS
Sec. 9. // 25 USC 1728. // (a) No payments to be made for the
benefit of the Passamaquoddy Tribe, the Penobscot Nation, or the Houlton
Band of Maliseet Indians pursuant to the terms of this Act shall be
considered by any agency or department of the United States in
determining or computing the eligibility of the State of Maine for
participation in any financial aid program of the United States.
(b) The eligibility for or receipt of payments from the State of
Maine by the Passamaquoddy Tribe and the Penobscot Nation or any of
their members pursuant to the Maine Implementing Act shall not be
considered by any department or agency of the United States in
determining the eligibility of or computing payments to the
Passamaquoddy Tribe or the Penobscot Nation or any of their members
under any financial aid program of the United States: Provided, That to
the extent that eligibility for the benefits of such a financial aid
program is dependent upon a showing of need by the applicant, the
administering agency shall not be barred by this subsection from
considering the actual financial situation of the applicant.
(c) The availability of funds or distribution of funds pursuant to
section 5 of this Act may not be considered as income or resources or
otherwise utilized as the basis (1) for denying any Indian household or
member thereof participation in any federally assisted housing program,
(2) for denying or reducing the Federal financial assistance or other
Federal benefits to which such household or member would otherwise be
entitled, or (3) for denying or reducing the Federal financial
assistance or other Federal benefits to which the Passamaquoddy Tribe or
Penobscot Nation would otherwise be eligible or entitled.
Sec. 10. // 25 USC 1729. // For the purpose of subtitle A of the
Internal Revenue Code of 1954, any transfer by private owners of land
purchased or otherwise acquired by the Secretary with moneys from the
land acquisition fund whether in the name of the United States or of the
respective tribe, nation or band shall be deemed to be an involuntary
conversion within the meaning of section 1033 of the Internal Revenue
Code of 1954, // 26 USC 1033. // as amended.
OF MAINE
Sec. 11. // 25 USC 1730. // All funds of either the Passamaquoddy
Tribe or the Penobscot Nation held in trust by the State of Maine as of
the effective date of this Act shall be transferred to the Secretary to
be held in trust for the respective tribe or nation and shall be added
to the principal of the settlement fund allocated to that tribe or
nation. The receipt of said State funds by the Secretary shall
constitute a full discharge of any claim of the respective tribe or
nation, its predecessors and successors in interest, and its members,
may have against the State of Maine, its officers, employees, agents,
and representatives, arising from the administration or management of
said State funds. Upon receipt of said State funds, the Secretary, on
behalf of the respective tribe and nation, shall execute general
releases of all claims against the State of Maine, its officers,
employees, agents, and representatives, arising from the administration
or management of said State funds.
Sec. 12. // 25 USC 1731. // Except as expressly provided herein,
this Act shall constitute a general discharge and release of all
obligations of the State of Maine and all of its political subdivisions,
agencies, departments, and all of the officers or employees thereof
arising from any treaty or agreement with, or on behalf of any Indian
nation, or tribe or band of Indians or the United States as trustee
therefor, including those actions now pending in the United States
District Court for the District of Maine captioned United States of
America against State of Maine (Civil Action Nos. 1966-ND and 1969-ND).
Sec. 13. // 25 USC 1732. // Except as provided in this Act, no
provision of this Act shall be construed to constitute a jurisdictional
act, to confer jurisdiction to sue, or to grant implied consent to any
Indian, Indian nation, or tribe or band of Indians to sue the United
States or any of its officers with respect to the claims extinguished by
the operation of this Act.
Sec. 14. // 25 USC 17333 // There is hereby authorized to be
appropriated $81,500,000 for the fiscal year beginning October 1, 1980,
for transfer to the funds established by section 5 of this Act.
Sec. 15. // 25 USC 1734. // In the event that any provision of
section 4 of this Act is held invalid, it is the intent of Congress that
the entire Act be invalidated. In the event that any other section or
provision of this Act is held invalid, it is the intent of Congress that
the remaining sections of this Act shall continue in full force and
effect.
Sec. 16. // 25 USC 1735. // (a) In the event a conflict of
interpretation between the provisions of the Maine Implementing Act and
this Act should emerge, the provisions of this Act shall govern.
(b) The provisions of any Federal law enacted after the date of
enactment of this Act for the benefit of Indians, Indian nations, or
tribes or bands of Indians, which would affect or preempt the
application of the laws of the State of Maine, including application of
the laws of the State to lands owned by or held in trust for Indians, or
Indian nations, tribes, or bands of Indians, as provided in this Act and
the Maine Implementing Act, shall not apply within the State of Maine,
unless such provision of such subsequently enacted Federal law is
specifically made applicable within the State of Maine.
Approved October 10, 1980.
LEGISLATIVE HISTORY:
HOUSE REPRORT No. 96 - 1353 (Comm. on Interior and Insular Affairs).
SENATE REPORT No. 96 - 957 accompanying S. 2829 (Comm. on Indian
Affairs).
CONGRESSIONAL RECORD, Vol. 126 (1980):
Sept. 22, considered and passed House.
Sept. 23, considered and passed Senate.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 16, No. 42:
Oct. 11, Presidential statement.
PUBLIC LAW 96-419, 94 STAT, 1784
Lupus Week".
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That the President is hereby
authorized and requested to issue a proclamation designating the week of
October 19 through 25, 1980, as " National Lupus Week" and inviting the
Governors of the several States, the chief officials of local
governments, and the people of the United States to observe such week
with appropriate ceremonies and activities.
Approved October 10, 1980.
LEGISLATIVE HISTORY:
CONGRESSIONAL RECORD, Vol. 126 (1980):
Sept. 29, considered and passed Senate.
Sept. 30, considered and passed House.
PUBLIC LAW 96-418, 94 STAT, 1749, MILITARY CONSTRUCTION AUTHORIZATION
ACT, 1981
installations for fiscal year 1981, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That this Act may be
cited as the " Military Construction Authorization Act, 1981".
Sec. 101. The Secretary of the Army may establish or develop
military installations and facilities by acquiring, constructing,
converting, rehabilitating, or installing permanent or temporary public
works, including land acquisition, site preparation, appurtenances,
utilities, and equipment, for the following acquisition and
construction:
Fort Bragg, North Carolina, $16,350,000.
Fort Campbell, Kentucky, $14,200,000.
Fort Carson, Colorado, $129,960,000.
Fort Devens, Massachusetts, $1,000,000.
Fort Drum, New York, $5,900,000.
Fort Gillem, Georgia, $2,600,000.
Fort Hood, Texas, $24,420,000.
Fort Hunter-Liggett, California, $5,100,000.
Fort Lewis, Washington, $16,000,000.
Fort Ord, California, $4,700,000.
Fort Polk, Louisiana, $14,800,000.
Fort Riley, Kansas, $890,000.
Fort Sam Houston, Texas, $3,750,000.
Fort Stewart/ Hunter Army Air Field, Georgia, $31,700,000.
Presidio of San Francisco, California, $750,000.
Schofield Barracks, Hawaii, $12,220,000.
Tripler Army Medical Center, Hawaii, $84,500,000.
Fort A. P. Hill, Virginia, $930,000.
Fort Belvoir, Virginia, $2,310,000.
Fort Benning, Georgia, $13,390,000.
Fort Bliss, Texas, $2,400,000.
Fort Dix, New Jersey, $4,510,000.
Fort Eustis, Virginia, $1,100,000.
Fort Gordon, Georgia, $2,500,000.
Fort Jackson, South Carolina, $20,140,000.
Fort Knox, Kentucky, $5,400,000.
Fort Leavenworth, Kansas, $1,250,000.
Fort Leonard Wood, Missouri, $7,900,000.
Fort Rucker, Alabama, $30,560,000.
Fort Sill, Oklahoma, $4,100,000.
READINESS
COMMAND
Anniston Army Depot, Alabama, $3,550,000.
Badger Army Ammunition Plant, Wisconsin, $2,100,000.
Corpus Christi Army Depot, Texas, $1,600,000.
Fort Monmouth, New Jersey, $2,000,000.
Holston Army Ammunition Plant, Tennessee, $4,690,000.
Indiana Army Ammunition Plant, Indiana, $2,800,000.
Iowa Army Ammunition Plant, Iowa, $1,650,000.
Jefferson Proving Ground, Indiana, $960,000.
Letterkenny Army Depot, Pennsylvania, $9,250,000.
Lone Star Army Ammunition Plant, Texas, $4,350,000.
Louisiana Army Ammunition Plant, Louisiana, $1,050,000.
Mc Alester Army Ammunition Plant, Oklahoma, $620,000.
Picatinny Arsenal, New Jersey, $1,400,000.
Pine Bluff Arsenal, Arkansas, $3,150,000.
Red River Army Depot, Texas, $3,800,000.
Redstone Arsenal, Alabama, $12,190,000.
Rock Island Arsenal, Illinois, $6,870,000.
Rocky Mountain Arsenal, Colorado, $10,400,000.
Sacramento Army Depot, California, $1,930,000.
Sierra Army Depot, California, $550,000.
St. Louis Support Activity, Illinois, $3,050,000.
Tobyhanna Army Depot, Pennsylvania, $680,000.
Tooele Army Depot, Utah, $2,050,000.
Twin City Army Ammunition Plant, Minnesota, $820,000.
Umatilla Army Depot, Oregon, $620,000.
Volunteer Army Ammunition Plant, Tennessee, $2,150,000.
White Sands Missile Range, New Mexico, $1,000,000.
Yuma Proving Ground, Arizona, $2,650,000.
Holston Army Ammunition Plant, Tennessee, $300,000.
Indiana Army Ammunition Plant, Indiana, $3,570,000.
Iowa Army Ammunition Plant, Iowa, $2,300,000.
Lake City Army Ammunition Plant, Missouri, $220,000.
Lone Star Army Ammunition Plant, Texas, $540,000.
Longhorn Army Ammunition Plant, Texas, $260,000.
Louisiana Army Ammunition Plant, Louisiana, $380,000.
Milan Army Ammunition Plant, Tennessee, $210,000.
Radford Army Ammunition Plant, Virginia, $5,890,000.
Cold Regions Laboratory, New Hampshire, $6,100,000.
Cameron Station, Virginia, $930,000.
Fort Mc Nair, Washington, District of Columbia, $690,000.
Fort Myer, Virginia, $1,150,000.
Fort Huachuca, Arizona, $4,650,000.
Fort Ritchie, Maryland, $1,750,000.
Fort Detrick, Maryland, $1,350,000.
Fitzsimmons Army Medical Center, Colorado, $790,000.
Bayonne Terminal, New Jersey, $660,000.
Sunny Point Terminal, North Carolina, $1,800,000.
Various Locations, $62,074,000.
National Missile Range, $5,440,000.
Panama Area, Canal Zone, $8,100,000.
Kawakami, Japan, $3,000,000.
Various Locations, $168,340,000.
Korea, $1,186,000.
Sec. 102. The Secretary of the Army may establish or develop
installations and facilities by proceeding with construction made
necessary by changes in missions and responsibilities which have been
occasioned by (1) unforeseen security considerations, (2) new weapons
developments, (3) new and unforeseen research and development
requirements, (4) improved production schedules, or (5) revisions in the
tasks or functions assigned to a military installation or facility or
for environmental considerations, if the Secretary of Defense determines
that deferral of such construction for inclusion in the next Military
Construction Authorization Act would be inconsistent with interests of
national security and, in connection therewith, may acquire, construct,
convert, rehabilitate, or install permanent or temporary public works,
including land acquisition, site preparation, appurtenances, utilities,
and equipment in the total amount of $20,000,000. The Secretary of the
Army, or the Secretary's designee, shall notify the Committees on Armed
Services of the Senate and House of Representatives, immediately upon
reaching a final decision to implement, of the cost of construction of
any public work undertaken under this section, including those real
estate actions pertaining thereto. This authorization shall expire on
October 1, 1981, or on the date of the enactment of the Military
Construction Authorization Act for fiscal year 1982, whichever is later,
except for those public works projects concerning which the Committees
on Armed Services of the Senate and House of Representatives have been
notified pursuant to this section prior to such date.
Sec. 103. The Secretary of the Army is authorized to accomplish
minor construction projects under section 2674 of title 10, United
States Code, in the amount of $44,560,000.
PROJECTS
Sec. 104. Section 602(1) of the Military Construction Authorization
Act, 1979 (Public Law 95 - 356; 92 Stat. 580), is amended to read as
follows:
"(1) for title I: inside the United States $503,794,000;
outside the United States $232,510,000; minor construction
$35,365,000; for a total of $771,669,000.".
Sec. 201. The Secretary of the Navy may establish or develop
military installations and facilities by acquiring, constructing,
converting, rehabilitating, or installing permanent or temporary public
works, including land acquisition, site preparation, appurtenances,
utilities, and equipment, for the following acquisition and
construction:
Marine Corps Air Station, Beaufort, South Carolina, $930,000.
Marine Corps Base, Camp Lejeune, North Carolina, $24,700,000.
Marine Corps Base, Camp Pendleton, California, $8,050,000.
Marine Corps Air Station, Cherry Point, North Carolina, $16,700,000.
Marine Corps Air Station, El Toro, California, $11,500,000.
Marine Corps Air Station, Kaneohe Bay, Hawaii, $620,000.
Marine Corps Recruit Depot, Parris Island, South Carolina,
$6,800,000.
Marine Corps Development and Education Command, Quantico, Virginia,
$5,800,000.
Marine Corps Air Ground Combat Center, Twentynine Palms, California,
$9,400,000.
Marine Corps Air Station, Yuma, Arizona, $2,200,000.
Naval Research Laboratory, Washington, District of Columbia,
$7,300,000.
Naval Submarine Base, Bangor, Bremerton, Washington, $8,562,000.
Naval Submarine Support Base, Kings Bay, Kingsland, Georgia,
$18,000,000.
Commandant Naval District, Washington, District of Columbia,
$790,000.
Naval Air Station, Brunswick, Maine, $4,100,000.
Naval Station, Charleston, South Carolina, $13,200,000.
Naval Air Station, Jacksonville, Florida, $3,830,000.
Naval Amphibious Base, Little Creek, Virginia, $8,100,000.
Naval Station, Mayport, Florida, $24,620,000.
Naval Submarine Base, New London, Groton, Connecticut, $8,030,000.
Headquarters Support Activity, Atlantic Fleet, Norfolk, Virginia,
$3,400,000.
Naval Air Station, Norfolk, Virginia, $2,450,000.
Naval Station, Norfolk, Virginia, $15,500,000.
Naval Air Station, Oceana, Virginia, $19,350,000.
Naval Air Station, Alameda, California, $10,850,000.
Naval Air Station, Barbers Point, Hawaii, $2,500,000.
Naval Air Station, Fallon, Nevada, $330,000.
Naval Air Station, Lemoore, California, $5,810,000.
Naval Magazine, Lualualei, Hawaii, $6,600,000.
Naval Air Station, Miramar, California, $1,200,000.
Naval Air Station, North Island, California, $850,000.
Naval Submarine Base, Pearl Harbor, Hawaii, $1,900,000.
Naval Station, San Diego, California, $4,950,000.
Navy Submarine Support Facility, San Diego, California, $4,150,000.
Naval Air Station, Whidbey Island, Washington, $2,390,000.
Fleet Ballistic Missile Submarine Training Center, Charleston, South
Carolina, $1,100,000.
Fleet Combat Training Center, Atlantic, Dam Neck, Virginia,
$4,700,000.
Naval Submarine School, Groton, Connecticut, $1,150,000.
Naval Education and Training Center, Newport, Rhode Island, $620,000.
Naval Training Center, Orlando, Florida, $7,050,000.
Fleet Combat Training Center, Pacific, San Diego, California,
$540,000.
Naval Submarine Training Center, San Diego, California, $4,450,000.
Naval Air Station, Whiting Field, Florida, $3,680,000.
National Naval Medical Center, Bethesda, Maryland, $23,000,000.
Naval Regional Medical Center, San Diego, California, $293,000,000,
including land acquisition.
Naval Air Rework Facility, Alameda, California, $2,350,000.
Puget Sound Naval Shipyard, Bremerton, Washington, $35,000,000.
Naval Supply Center, Puget Sound, Bremerton, Washington, $2,200,000.
Naval Fuel Annex, Casco Bay, Maine, $3,900,000.
Charleston Naval Shipyard, Charleston, South Carolina, $6,600,000.
Naval Weapons Station, Charleston, South Carolina, $3,410,000.
Polaris Missile Facility, Atlantic, Charleston, South Carolina,
$8,400,000.
Naval Weapons Center, China Lake, California, $9,050,000.
Naval Construction Battalion Center, Davisville, Rhode Island,
$550,000.
Navy Public Works Center, Great Lakes, Illinois, $8,400,000.
Naval Undersea Warfare Engineering Station, Keyport, Washington,
$860,000.
Portsmouth Naval Shipyard, Kittery, Maine, $13,880,000.
Long Beach Naval Shipyard, Long Beach, California, $4,400,000.
Naval Ordnance Station, Louisville, Kentucky, $2,050,000.
Naval Supply Center, Norfolk, Virginia, $13,150,000.
Navy Public Works Center, Norfolk, Virginia, $1,560,000.
Naval Supply Center, Oakland, California, $4,600,000.
Navy Public Works Center, Pearl Harbor, Hawaii, $5,783,000.
Naval Air Rework Facility, Pensacola, Florida, $1,550,000.
Philadelphia Naval Shipyard, Philadelphia, Pennsylvania, $10,710,000.
Pacific Missile Test Center, Point Mugu, California, $8,750,000.
Norfolk Naval Shipyard, Portsmouth, Virginia, $11,500,000.
Naval Supply Center, San Diego, California, $2,900,000.
Navy Public Works Center, San Diego, California, $670,000.
Mare Island Naval Shipyard, Vallejo, California, $7,100,000.
Naval Communications Area Master Station Eastern Pacific, Honolulu,
Hawaii, $2,000,000.
Naval Communications Area Master Station Atlantic, Norfolk, Virginia,
$700,000.
Naval Security Group Activity, Winter Harbor, Maine, $1,150,000.
Naval Facility, Brawdy, Wales, United Kingdom, $3,600,000.
Naval Station, Keflavik, Iceland, $49,200,000.
Naval Station, Roosevelt Roads, Puerto Rico, $10,500,000.
Naval Air Facility, Atsugi, Japan, $1,000,000.
Naval Support Facility, Diego Garcia, Indian Ocean, $108,177,000.
Naval Station, Subic Bay, Republic of the Philippines, $780,000.
Naval Communications Area Master Station Western Pacific, Guam,
Mariana Islands, $1,900,000.
Naval Communication Station, Keflavik, Iceland, $3,600,000.
Sec. 202. The Secretary of the Navy may establish or develop
installations and facilities by proceeding with construction made
necessary by changes in missions and responsibilities which have been
occasioned by (1) unforeseen security considerations, (2) new weapons
developments, (3) new and unforeseen research and development
requirements, (4) improved production schedules, or (5) revisions in the
tasks or functions assigned to a military installation or facility or
for environmental considerations, if the Secretary of Defense determines
that deferral of such construction for inclusion in the next Military
Construction Authorization Act would be inconsistent with interests of
national security and, in connection therewith, may acquire, construct,
convert, rehabilitate, or install permanent or temporary public works,
including land acquisition, site preparation, appurtenances, utilities,
and equipment in the total amount of $20,000,000. The Secretary of the
Navy, or the Secretary's designee, shall notify the Committees on Armed
Services of the Senate and House of Representatives, immediately upon
reaching a final decision to implement, of the cost of construction of
any public work undertaken under this section, including those real
estate actions pertaining thereto. This authorization shall expire on
October 1, 1981, or on the date of the enactment of the Military
Construction Authorization Act for fiscal year 1982, whichever is later,
except for those public works projects concerning which the Committees
on Armed Services of the Senate and House of Representatives have been
notified pursuant to this section prior to such date.
Sec. 203. The Secretary of the Navy is authorized to accomplish
minor construction projects under section 2674 of title 10, United
States Code, in the amount of $33,010,000.
Sec. 204. (a) The Secretary of the Navy may contract for the
construction of the Air Passenger Terminal in Keflavik, Iceland, in
accordance with this section and any agreement which may be made between
the Government of Iceland and the Government of the United States. Of
the amount authorized in section 201 for the Naval Station, Keflavik,
Iceland, no more than $20,000,000 may be contributed by the United
States as the United States share of the cost of such construction.
(b) A contract for such construction may not be entered into until
the Government of Iceland agrees (1) to provide to the Government of the
United States funds equal to the difference between the amount required
to complete the construction and the amount of the United States share
authorized in subsection (a), and (2) to make those funds available, in
advance of the time when payments are due, in such amounts and at such
times as may be required by the Government of the United States.
Sec. 205. None of the funds authorized to be appropriated for the
construction of the Naval Regional Medical Center, San Diego,
California, may be obligated or expended until--,
(1) the Secretary of the Navy has submitted a report to the
Committees on Armed Services and on Appropriations of the Senate
and the House of Representatives which includes (A) an evaluation
of the Balboa Park and Helix Heights areas as proposed sites for
the construction of such medical center, (B) a statement of the
Secretary's preference between the two sites, and (C) a statement
justifying the Secretary's preference; and
(2) a period of 30 calendar days has elapsed after the date on
which such report is received by such committees.
Sec. 206. The Secretary of the Navy is authorized to acquire such
lands or interests in lands as may be needed for two established
low-level, high-speed aircraft corridors to serve the Naval Weapons
Center at China Lake, California. The acquisition of such lands or
interests may be made only by exchange, on an equal value basis, of
excess land of the Naval Weapons Center, China Lake, California.
Sec. 301. The Secretary of the Air Force may establish or develop
military installations and facilities by acquiring, constructing,
converting, rehabilitating, or installing permanent or temporary public
works, including land acquisition, site preparation, appurtenances,
utilities, and equipment, for the following acquisition and
construction:
Hill Air Force Base, Utah, $9,650,000.
Kelly Air Force Base, Texas, $650,000.
Mc Clellan Air Force Base, California, $3,250,000.
Robins Air Force Base, Georgia, $4,850,000.
Tinker Air Force Base, Oklahoma, $11,870,000.
Wright-Patterson Air Force Base, Ohio, $3,700,000.
Arnold Engineering Development Center, Tennessee, $11,500,000.
Brooks Air Force Base, Texas, $4,200,000.
Buckley Air National Guard Base, Colorado, $900,000.
Cape Canaveral Air Force Station, Florida, $22,300,000.
Edwards Air Force Base, California, $10,500,000.
Hanscom Air Force Base, Massachusetts, $7,200,000.
Port Hueneme Naval Installation, California, $16,700,000.
Chanute Air Force Base, Illinois, $14,648,000.
Keesler Air Force Base, Mississippi, $2,810,000.
Lackland Air Force Base, Texas, $9,740,000.
Laughlin Air Force Base, Texas, $1,100,000.
Lowry Air Force Base, Colorado, $840,000.
Mather Air Force Base, California, $860,000.
Maxwell Air Force Base, Alabama, $11,184,000.
Randolph Air Force Base, Texas, $7,850,000.
Reese Air Force Base, Texas, $4,290,000.
Eielson Air Force Base, Alaska, $5,190,000.
Elmendorf Air Force Base, Alaska, $14,820,000.
Galen Air Force Base, Alaska, $930,000.
King Salmon Airport, Alaska, $1,000,000.
Shemya Air Force Base, Alaska, $2,900,000.
Andrews Air Force Base, Maryland, $3,140,000.
Charleston Air Force Base, South Carolina, $1,740,000.
Dover Air Force Base, Delaware, $4,500,000.
Kirtland Air Force Base, New Mexico, $1,200,000.
Mc Chord Air Force Base, Washington, $5,500,000.
Norton Air Force Base, California, $2,000,000.
Pope Air Force Base, North Carolina, $9,250,000.
Scott Air Force Base, Illinois, $4,000,000.
Travis Air Force Base, California, $1,080,000.
Hickam Air Force Base, Hawaii, $580,000.
Barksdale Air Force Base, Louisiana, $3,200,000.
Beale Air Force Base, California, $2,670,000.
Blytheville Air Force Base, Arkansas, $6,141,000.
Carswell Air Force Base, Texas, $13,920,000.
Castle Air Force Base, California, $19,850,000.
Dyess Air Force Base, Texas, $10,300,000.
Ellsworth Air Force Base, South Dakota, $20,720,000.
Fairchild Air Force Base, Washington, $22,860,000.
Grand Forks Air Force Base, North Dakota, $22,650,000.
Griffiss Air Force Base, New York, $14,850,000.
K. I. Sawyer Air Force Base, Michigan, $3,700,000.
Loring Air Force Base, Maine, $11,800,000.
Malmstrom Air Force Base, Montana, $750,000.
Mc Connell Air Force Base, Kansas, $4,040,000.
Minot Air Force Base, North Dakota, $2,570,000.
Offutt Air Force Base, Nebraska, $5,360,000.
Pease Air Force Base, New Hampshire, $10,500,000.
Peterson Air Force Base, Colorado, $600,000.
Rickenbacker Air Force Base, Indiana, $6,300,000.
Vandenberg Air Force Base, California, $75,300,000.
Whiteman Air Force Base, Missouri, $990,000.
Wurtsmith Air Force Base, Michigan, $34,970,000.
Bergstrom Air Force Base, Texas, $1,910,000.
Davis Monthan Air Force Base, Arizona, $3,200,000.
George Air Force Base, California, $640,000.
Holloman Air Force Base, New Mexico, $5,800,000.
Homestead Air Force Base, Florida, $670,000.
Langley Air Force Base, Virginia, $3,892,000.
Luke Air Force Base, Arizona, $2,650,000.
Mac Dill Air Force Base, Florida, $1,160,000.
Moody Air Force Base, Georgia, $1,470,000.
Myrtle Beach Air Force Base, South Carolina, $780,000.
Nellis Air Force Base, Nevada, $6,250,000.
Shaw Air Force Base, South Carolina, $3,800,000.
Tyndall Air Force Base, Florida, $2,300,000.
Lajes Field, Portugal, $22,300,000.
Camp Zama, Japan, $1,100,000.
Clark Air Base, Republic of the Philippines, $13,050,000.
Kadena Air Base, Japan, $10,280,000.
Kunsan Air Base, Korea, $4,400,000.
Kwang-Ju Air Base, Korea, $5,900,000.
Misawa Air Base, Japan, $1,930,000.
Naval Support Facility, Diego Garcia, Indian Ocean, $23,700,000.
Osan Air Base, Korea, $16,800,000.
Taegu Air Base, Korea, $8,350,000.
Various Locations, United Kingdom, $2,200,000.
Various Locations, $34,477,000.
Sec. 302. The Secretary of the Air Force may establish or develop
installations and facilities by proceeding with construction made
necessary by changes in missions and responsibilities which have been
occasioned by (1) unforeseen security considerations, (2) new weapons
developments, (3) new and unforeseen research and development
requirements, (4) improved production schedules, or (5) revisions in the
tasks or functions assigned to a military installation or facility or
for environmental considerations, if the Secretary of Defense determines
that deferral of such construction for inclusion in the next Military
Construction Authorization Act would be inconsistent with interests of
national security and, in connection therewith, may acquire, construct,
convert, rehabilitate, or install permanent or temporary public works,
including land acquisition, site preparation, appurtenances, utilities,
and equipment in the total amount of $20,000,000. The Secretary of the
Air Force, or the Secretary's designee, shall notify the Committees on
Armed Services of the Senate and House of Representatives, immediately
upon reaching a final decision to implement, of the cost of construction
of any public work undertaken under this section, including those real
estate actions pertaining thereto. This authorization shall expire on
October 1, 1981, or on the date of the enactment of the Military
Construction Authorization Act for fiscal year 1982, whichever is later,
except for those public works projects concerning which the Committees
on Armed Services of the Senate and House of Representatives have been
notified pursuant to this section prior to such date.
Sec. 303. The Secretary of the Air Force is authorized to accomplish
minor construction projects under section 2674 of title 10, United
States Code, in the amount of $24,870,000.
SITES
Sec. 304. The Secretary of the Air Force shall acquire and install,
out of funds appropriated pursuant to section 303, an appropriate
warning system at each Titan II missile site which has in its near
vicinity a significant size population.
AGENCIES
Sec. 401. The Secretary of Defense may establish or develop military
installations and facilities by acquiring, constructing, converting,
rehabilitating, or installing permanent or temporary public works,
including land acquisition, site preparation, appurtenances, utilities,
and equipment, for defense agencies for the following acquisition or
construction:
Bolling Air Force Base, District of Columbia, $32,700,000.
Defense Electronics Supply Center, Dayton, Ohio, $730,000.
Defense Fuel Support Point, Norwalk, California, $2,000,000.
Defense Fuel Support Point, Searsport, Maine, $3,000,000.
Defense Personnel Support Center, Philadelphia, Pennsylvania,
$750,000.
Defense Storage Facility, Bayonne, New Jersey, $1,450,000.
Hydrographic/ Topographic Center, Brookmont, Maryland, $1,500,000.
Fort George G. Meade, Maryland, $5,065,000.
Kunia, Oahu, Hawaii, $2,700,000.
Classified Activity, Fort Belvoir, Virginia, $16,500,000.
Defense Property Disposal Office, Bitburg, Germany, $1,350,000.
Classified Location, $674,000.
Classified Activity, $3,500,000.
Aschaffenburg, Germany, $1,110,000.
Baumholder, Wetzel Housing Area, Germany, $3,065,000.
Bermuda, Naval Air Station, $2,580,000.
Clark Air Base, Republic of the Philippines, $1,650,000.
Iwakuni, Marine Corps Air Station, Japan, $6,060,000.
Osan Air Base, Korea, $1,900,000.
Pruem Air Station, Germany, $1,150,000.
Sagamihara, Japan, $3,220,000.
Seoul, Yongsan Garrison, Korea, $4,500,000.
Taegu, Korea, $4,100,000.
Wiesbaden, Germany, $10,176,000.
Yokota Air Base West, Japan, $7,500,000.
Sec. 402. The Secretary of Defense may establish or develop
installations and facilities which he determines to be vital to the
security of the United States and, in connection therewith, may acquire,
construct, convert, rehabilitate, or install permanent or temporary
public works, including land acquisition, site preparation,
appurtenances, utilities, and equipment in the total amount of
$15,000,000. The Secretary of Defense, or the Secretary's designee,
shall notify the Committees on Armed Services of the Senate and House of
Representatives, immediately upon reaching a final decision to
implement, of the cost of construction of any public work undertaken
under this section, including real estate actions pertaining thereto.
Sec. 403. The Secretary of Defense is authorized to accomplish minor
construction projects under section 2674 of title 10, United States
Code, in the amount of $3,680,000.
Sec. 404. (a)(1) The Secretary of Defense, acting on behalf of the
United States, may participate in the five-year slice group plan for
1980 through 1984 to implement the North Atlantic Treaty Organization
Infrastructure program. The Secretary may participate in such five-year
slice group plan, heretofore agreed to by member nations of the North
Atlantic Treaty Organization, only to the extent that the United States
share under such plan does not exceed 27.42 percent of the total amount
of the commitments made by all member nations under such plan.
(2) No funds may be obligated or expended in connection with the
North Atlantic Treaty Organization Infrastructure program in any year
unless such funds have been authorized by law for such program for such
year.
(b) The Secretary of Defense is authorized to incur obligations in
amounts not to exceed $300,000,000 for the United States share of the
cost of multilateral programs for the acquisition or construction of
military facilities and installations (including military headquarters)
for the collective defense of the North Atlantic Treaty Area.
(c) Within thirty days after the end of each calendar year quarter,
the Secretary of Defense shall furnish to the Committees on Armed
Services and on Appropriations of the Senate and House of
Representatives a description of all obligations incurred by the United
States during the preceding quarter to meet the United States share of
the cost of the multilateral programs for which the Secretary of Defense
is authorized to incur obligations.
Sec. 405. (a) There is authorized to be appropriated to the
Secretary of Defense the sum of $150,000,000 for the construction of
contingency facilities to support the national security interests of the
United States in strategic areas of the world, including the Middle East
and Indian Ocean areas.
(b) None of the funds appropriated pursuant to subsection (a) may be
obligated or expended for the construction of any facility until (1) the
United States and the country which exercises sovereignty over the land
on which the facility is to be constructed have entered into a formal
agreement which guarantees the United States access to and use of such
facility during the term of the agreement, and (2) a copy of such
agreement has been transmitted to the Congress.
(c) None of the funds appropriated pursuant to subsection (a) may be
obligated or expended for such construction if such construction is
authorized under the terms of a renegotiated, amended, or extended
agreement, previously entered into by the United States with any other
country, until after a copy of the renegotiated, amended, or extended
agreement has been transmitted to the Congress.
(d) On each separate occasion that the Secretary of Defense plans to
obligate any part of the funds appropriated pursuant to subsection (a),
he shall--,
(1) transmit to the appropriate committees of the Congress a
written report stating the purpose for which the funds are to be
obligated and the amount proposed to be obligated for such
purpose; and
(2) withhold such amount from obligation for such purpose for a
period of thirty days following the day on which such report is
received by such committees.
Each report transmitted under this subsection shall include (A) a
detailed accounting of funds appropriated pursuant to subsection (a)
that have been previously obligated, (B) a detailed accounting of funds
planned for obligation, and (C) a statement of the purposes and the
estimated amounts for which any unobligated balance of such funds are to
be used (excluding the amount for which an explanation under clause (B)
is included).
(e) None of the funds appropriated pursuant to subsection (a) may
be obligated or expended to carry out any contract for the construction
of any contingency facility referred to in such subsection unless such
contract requires that (1) all construction materials (except cement,
cement products, and aggregates) used in the construction of such
facility under such contract will be materials produced, manufactured,
or refined in the United States, and (2) materials will be transported
on United States flagships from the United States to the country in
which the contingency facility is to be located.
(f) The provisions of subsections (c) and (e) of this section shall
apply with respect to funds appropriated pursuant to sections 201 and
301 for the construction of a naval support facility at Diego Garcia.
Sec. 406. (a) None of the funds authorized to be appropriated in
this title for the construction of a new facility at Bolling Air Force
Base, Washington, District of Columbia, for the Defense Intelligence
Agency may be obligated or expended until--,
(1) the Secretary of Defense has conducted a study to examine
alternatives to the facility currently planned for construction at
Bolling Air Force Base;
(2) the Secretary of Defense has submitted the results of such
study to the appropriate committees of the Congress together with
his decision regarding the location and scope of the facility to
be constructed for the Defense Intelligence Agency; and
(3) a period of thirty calendar days has elapsed after the date
on which such study is received by such committees.
(b) The study conducted pursuant to subsection (a)(1) shall, as a
minimum--,
(1) examine alternatives in project scope for the proposed
facility referred to in subsection (a) which could result in
reduced requirements for new construction;
(2) exmine alternative sites for the construction of such
facility taking into account available lands and facilities as
well as land and facilities that could be made available by
consolidations; and
(3) provide detailed costs and operational efficiency
comparisons of the alternatives considered.
(c) The study conducted pursuant to subsection (a)(1) shall be
submitted to the appropriate committees of the Congress not later than
ninety days after the date of the enactment of this Act.
Sec. 501. (a) The Secretary of Defense, or the Secretary's designee,
is authorized to construct or acquire sole interest in existing family
housing units in the numbers and at the locations hereinafter named, but
no family housing construction shall be commenced at any such location
in the United States until the Secretary shall have consulted with the
Secretary of Housing and Urban Development as to the availability of
suitable private housing at such location. If agreement cannot be
reached with respect to the availability of suitable private housing at
any location, the Secretary of Defense shall notify the Committees on
Armed Services of the Senate and House of Representatives, in writing,
of such difference of opinion, and no contract for construction at such
location shall be entered into for a period of thirty days after such
notification has been given. This authority shall include the authority
to acquire land, and interests in land, by gift, purchase, exchange of
Government-owned land, or otherwise.
(b) With respect to the family housing units authorized to be
constructed by this section, the Secretary of Defense is authorized to
acquire sole interest in privately owned or Department of Housing and
Urban Development-held family housing units in lieu of constructing all
or a portion of the family housing authorized by this section, if the
Secretary, or the Secretary's designee, determines such action to be in
the best interests of the United States, but any family housing units
acquired under authority of this subsection shall not exceed the cost
limitations specified in this section for the project nor the
limitations on size specified in section 2684 of title 10, United States
Code. In no case may family housing units be acquired under this
subsection through the exercise of eminent domain authority, and in no
case may family housing units other than those authorized by this
section be acquired in lieu of construction unless the acquisition of
such units is hereafter specifically authorized by law.
(c) Family housing units:
Marine Corps Air Station, Yuma, Arizona, one hundred thirty-
two units, $8,050,000.
Defense Housing Complex, South Bay, San Francisco, California,
two hundred seventy units, $19,045,000.
Marine Corps Air Station, El Toro, California, three hundred
units, $17,483,000.
Fort Ord, California, five hundred units, $30,808,000.
Naval Complex, New London, Connecticut, four hundred units,
$24,608,000.
Fort Stewart, Georgia, two hundred units, $9,716,000.
Fort Polk, Louisiana, two hundred units, $11,173,000.
Naval Air Station, Brunswick, Maine, sixty-two units,
$3,956,000.
Naval Complex, Norfolk, Virginia, two hundred and thirty-two
units, $12,093,000.
Lajes Field, Azores, one hundred and fifty units, $9,768,000.
Incirlik Air Base, Turkey, two hundred units, $11,723,000.
Classified location overseas, five units, $468,000.
(d) The amounts specified in this section may, at the discretion of
the Secretary of Defense, or the Secretary's designee, be increased by
10 per centum, if he determines that such increase (1) is required for
the sole purpose of meeting unusual variations in cost, and (2) could
not have been reasonably anticipated at the time such estimate was
submitted to the Congress. The amounts authorized include the costs of
shades, screens, ranges, refrigerators, and all other installed
equipment and fixtures, the cost of the family housing unit,
supervision, inspection, overhead, land acquisition, site preparation,
installation of utilities, and solar energy systems.
Sec. 502. (a) The Secretary of Defense, or the Secretary's designee,
is authorized to accomplish alterations, additions, expansions, or
extensions, not otherwise authorized by law, to existing public quarters
at a cost not to exceed--,
(1) for the Department of the Army, $42,436,000, of which
$27,150,000 shall be available only for energy conservation
projects;
(2) for the Department of the Navy, $13,562,000, of which
$2,819,000 shall be available only for energy conservation
projects;
(3) for the Department of the Air Force, $52,819,000, of which
$17,000,000 shall be available only for energy conservation
projects; and
(4) for the Defense Agencies, $23,000.
(b) The first sentence of section 610(a) of the Military Construction
Authorization Act, 1968 (Public Law 90-110, 81 Stat. 305) // 42 USC
1594h-2. // is amended to read as follows: " None of the funds
authorized by this or any other Act may be expended for the improvement
of any single family housing unit, or for the improvement of two or more
housing units when such units are to be converted into or used as a
single family housing unit, if the total cost of such improvements
exceeds $20,000, adjusted by the area construction cost index (as
developed by the Department of Defense) for the location at the time of
contract award. The total cost of any such improvement shall include all
repair costs undertaken as part of the improvement project and all costs
in connection with (1) the furnishing of electricity, gas, water, and
sewage disposal, (2) the construction or repair of roads and walks, and
(3) any grading and drainage work.".
(c) The Secretary of Defense, or the Secretary's designee, within the
amounts specified in subsection (a), is authorized to accomplish repairs
and improvements to existing family housing amounts in excess of the
dollar limitation prescribed in section 610(a) of the Military
Construction Authorization Act, 1968 (42 U.S.C. 1594h-2), as follows:
Redstone Arsenal, Alabama, forty units, $891,000.
Navy Public Works Center, Pearl Harbor, Hawaii, one hundred and
forty-six units, $5,468,000.
Fort Knox, Kentucky, one hundred units, $2,592,000.
Loring Air Force Base, Maine, five hundred and sixty-five
units, $12,723,600.
Kirtland Air Force Base, New Mexico, one hundred and
twenty-five units, $2,458,100.
Marine Corps Development and Education Command, Quantico,
Virginia, fifty-two units, $1,910,000.
Warren Air Force Base, Wyoming, one hundred and sixty-two
units, $3,150,000.
Hahn Air Base, Federal Republic of Germany, twenty-eight units,
$980,000.
Ramstein Air Base (Vogelweh and Landstuhl), Federal Republic of
German, twenty units, $993,000.
Yokota Air Base, Japan, two hundred and sixty-eight units,
$9,054,800.
Sec. 503. The Secretary of Defense, or the Secretary's designee, may
carry out advance planning and construction design and may obtain
architectural and engineering services in connection with any family
housing construction, including improvements, authorized or not
otherwise authorized by law at a total cost of not to exceed--,
(1) for the Department of the Army, $3,993,000;
(2) for the Department of the Navy, $2,994,000;
(3) for the Department of the Air Force, $1,380,000; and
(4) for the Defense agencies, $2,000.
Sec. 504. (a) Subsection (c) of section 2686 of title 10, United
States Code, relating to leases for military family housing in the
United States, is amended to read as follows:
"(c)(1) Except as provided in paragraph (2), expenditures for the
rental of such housing facilities (including the cost of utilities,
maintenance, and operation) may not exceed $515 per month for any unit.
"(2) The Secretary of Defense may lease not more than five hundred
housing units under this section for which the expenditure for the
rental of such facilities (including the cost of utilities, maintenance,
and operation) exceeds $515 per month but does not exceed $600 per
month.".
(b) The first sentence of section 2675(d)(1) of such title, // 10 USC
2675. // relating to /LEASES IN FOREIGN COUNTRIES, IS AMENDED TO READ
AS FOLLOWS: " Expenditures for the rental of family housing in foreign
countries (including the cost of utilities and maintenance and
operation) may not exceed $1,115 per month for any unit.".
HOUSING
Sec. 505. // 42 USC 1594h-3. // Notwithstanding any other provision
of law, if the proposed settlement of any contractor claim or claims
arising out of the construction of new or improvement of existing family
housing would cause authorized cost limitations on the construction or
improvement of family housing to be exceeded, the Secretary of Defense
may proceed with the settlement of such claim or claims after (1) he has
submitted a report regarding such claim or claims, including the amount
of the proposed settlement, to the Committees on Armed Services of the
Senate and House of Representatives, and (2) a period of thirty days has
elapsed after the date of submission of such report to such committees.
Sec. 506. (a) Chapter 165 of title 10, United States Code, is
amended by adding at the end thereof the following new section:
" Section 2775. // 10 USC 2775. // Liability of member for damages
to family housing, equipment, and furnishings
"(a) A member of the armed forces shall be liable to the United
States for damage to any family housing unit, or damage to or loss of
any equipment or furnishing of any family housing unit, assigned to or
provided such member if it is determined, under regulations issued by
the Secretary of Defense, that such damage or loss was caused by the
abuse or negligence of such member or a dependent of such member.
"(b)(1) The Secretary concerned may deduct from a member's pay an
amount sufficient to pay for the cost of the repairs or replacements
made necessary as the result of any abuse or negligence referred to in
subsection (a) on the part of such member or any dependent of such
member.
"(2) The final determination of an amount to be deducted from the pay
of an offic er of an armed force in accordance with regulations issued
under this section shall be deemed to be a special order authorizing
such deduction for the purposes of section 1007 of title 37.
"(c) Amounts deducted from members' pay under this section shall be
credited to the Department of Defense family housing management account
established under section 501 of Public Law 87 - 554 (76 Stat. 236: 42
U.S.C. 1594a-1) and shall be available for use for the same purposes and
under the same circumstances as other funds in such account.
"(d) The Secretary of Defense shall issue regulations to carry out
the provisions of this section, including regulations for determining
the cost of repairs or replacements made necessary as the result of
abuse or negligence on the part of a member or dependent of a member.".
(b) The table of sections at the beginning of chapter 165 of such
title is amended by adding at the end thereof the following new item:
"27(75. Liability of member for damages to family housing,
equipment, and furnishings.".
HAWAII
Sec. 507. Notwithstanding the limitations on costs contained in
sections 501(a) and 502 of the Military Construction Authorization Act,
1974 (Public Law 93 - 166; 87 Stat. 673) and sections 501(a) and 502 of
the Military Construction Authorization Act, 1975 (Public Law 93 - 552;
88 Stat. 1757, 1758), the Secretary of Defense is authorized to complete
construction of two thousand six hundred family housing units in support
of Department of Defense requirements in Oahu, Hawaii, at a total cost
of not to exceed $117,150,000.
Sec. 508. (a) Section 501(c) of the Military Construction
Authorization Act, 1979 (Public Law 95 - 356; 92 Stat. 577), is
amended--,
(1) by striking out "$1,509,000" in the item relating to the
Naval Facility, Centerville Beach, California, and inserting in
lieu thereof "$2,030,000"; and
(2) by striking out "$4,307,000" in the item relating to the
Marine Corps Base, Twentynine Palms, California, and inserting in
lieu thereof "$6,069,000".
(b)(1) Section 505(1) of such Act is amended by striking out
"$139,105,000" and inserting in lieu there "$140,867,000".
(2) Section 602(5) of such Act is amended by striking out
"$1,701,605,000" and inserting in lieu thereof "$1,703,367,000".
METERING
DEVICES AND EXCESS ENERGY CONSUMPTION CHARGES
Sec. 509. Sections 506 and 507 of the Military Construction
Authorization Act, 1978 (Public Law 95 - 82; 91 Stat. 372), // 10 USC
4593 // are repealed.
Sec. 510. (a) There is authorized to be appropriated for fiscal year
1981 for use by the Secretary of Defense, or the Secretary's designee,
for military family housing as authorized by law for the following
purpose:
(1) For construction of, or acquisition of sole interest in,
family housing, including minor construction, improvements to
public quarters, relocation of family housing, and planning, an
amount not to exceed $276,100,000.
(2) For support of military family housing, including operating
expenses, leasing, maintenance of real property, payments of
principal and interest on mortgage debts incurred, payment to the
Commodity Credit Corporation, and mortgage insurance premiums
authorized under section 222 of the National Housing Act (12
U.S.C. 1715),
// 12 USC 1715m. //
an amount not to exceed $1,880,760,000, of which not more than
$25,000,000 may be obligated or expended for the leasing of
military family housing in the United States, the Commonwealth of
Puerto Rico, and Guam, and of which not more than $95,000,000 may
be obligated or expended for the leasing of military family
housing in foreign countries.
(b) The amounts authorized to be appropriated in subsection (a)(2)
may be increased to the extent additional funds are necessary for
increased pay costs associated with actions taken pursuant to law.
Sec. 511. Subsection (b) of section 501 of Public Law 87 - 554 (42
U.S.C. 1594a-1) is amended to read as follows:
"(b) The management account shall be administered by the Secretary of
Defense as a single account. There shall be transferred into such
account (1) appropriations made to the Department of Defense for the
purpose of, or which are available for, the payment of costs arising in
connection with the construction, acquisition, leasing, relocation,
operating and maintenance, and disposal of family housing, including the
cost of principal and interest charges, and insurance premiums, arising
in connection with the acquisition of such housing, and mortgage
insurance premiums payable under section 222(c) of the National Housing
Act (12 U.S.C. 1715m(c)), (2) proceeds from the rental of family housing
and mobile home facilities under the control of the Department of
Defense, reimbursements from occupants of such facilities for services
rendered (including utility costs), funds obtained from individuals as a
result of losses, damages, or destruction to such facilities caused by
the abuse or negligence of such individuals, and reimbursements from
other Government agencies for expenditures from the management account,
and (3) notwithstanding any other provision of law, proceeds of the
handling and the disposal of family housing of the Department of
Defense, including related land and improvements, whether effected by
the Department of defense or any other Federal agency, but less those
expenses payable pursuant to section 204(b) of the Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 485(b)), to remain
available until expended.".
Sec. 601. The Secretary of each military department may proceed to
establish or develop installations and facilities under this Act without
regard to section 3648 of the Revised Statutes (31 U.S.C. 529) and
sections 4774 and 9774 of title 10, United States Code. The authority
to place permanent or temporary improvements on land includes authority
for surveys, administration, overhead, planning, and supervision
incident to construction. That authority may be exercised before title
to the land is approved under section 355 of the Revised Statutes (40
U.S.C. 255) and even though the land is held temporarily. The authority
to acquire real estate or lands includes authority to make surveys and
to acquire land and interests in land (including temporary use), by
gift, purchase, exchange of Government-owned land, or otherwise.
Sec. 602. There are authorized to be appropriated for fiscal years
beginning after September 30, 1980, such sums as may be necessary for
the purposes of this Act, but appropriations for public works projects
authorized by titles I, II, III, and IV shall not exceed--,
(1) for title I: inside the United States $586,800,000;
outside the United States $248,140,000; minor construction
$44,560,000; for a total of $879,500,000.
(2) for title II: inside the United States $777,925,000;
outside the United States $178,757,000; minor construction
$33,010,000; for a total of $989,692,000.
(3) for title III: inside the United States $546,985,000;
outside the United States $144,487,000; minor construction
$24,870,000; for a total of $716,342,000.
(4) for title IV: a total of $587,610,000, including
$3,680,000 for minor construction.
Sec. 603. (a) Overall Title Total Limitation.-Notwithstanding the
provisions of subsections (b), (c), (d), and (g), the total cost of all
construction and acquisition in each of titles I, II, III, and IV may
not exceed the total amount authorized to be appropriated in that title.
(b) Variations in Installation Totals-Unusual Variations in Cost.-
Except as provided in subsections (c) and (d), any of the amounts
specified in titles I, II, III, and IV of this Act (other than in
sections 103, 203, 303, and 403) may, at the discretion of the Secretary
of the military department or Director of the defense agency concerned,
be increased by 5 per centum when inside the United States (other than
Alaska or Hawaii), and by 10 per centum when outside the United States
or in Alaska or Hawaii, if the Secretary of the military department or
Director of the defense agency concerned determines that such increase
(1) is required for the sole purpose of meeting unusual variations in
cost, and (2) could not have been reasonably anticipated at the time
such estimate was submitted to the Congress.
(c) Variations in Installation Totals-Only One Project at an
Installation.-When the amount named for any construction or acquisition
in title I, II, III, or IV of this Act involves only one project at any
military installation and the Secretary of the military department or
Director of the defense agency concerned determines that the amount
authorized must be increased by more than the applicable percentage
prescribed in subsection (b), the Secretary of the military department
or Director of the defense agency concerned may proceed witgh such
construction or acquisition if the amount of the increase does not
exceed by more than 25 per centum the amount named for such project by
the Congress.
(d) Variations in Installation Totals-Reports by the Secretary of
Defense.-When the Secretary of Defense determines that any amount named
in title I, II, III, or IV of this Act must be exceeded by more than the
percentages permitted in subsections (b) and (c) to accomplish
authorized construction or acquisition, the Secretary of the military
department or Director of the defense agency concerned may proceed with
such construction or acquisition after a written report of the facts
relating to the increase of such amount, including a statement of the
reasons for such increase, has been submitted to the Committees on Armed
Services of the Senate and House of Representatives, and either (1)
thirty days have elapsed after the date of submission of such report, or
(2) both committees have indicated approval of such construction or
acquisition. Notwithstanding the provisions in prior Military
Construction Authorization Acts, the provisions of this subsection shall
apply to such prior Acts.
(e) Cost and Scope Variations of Individual Projects; Reports to
Congress.-No individual project authorized under title I, II, III, or IV
of this Act for any specifically listed military installation for which
the current working estimate is greater than the statutory upper limit
for minor construction projects, may be placed under contract if--,
(1) the approved scope of the project is reduced in excess of
25 per centum; or
(2) the current working estimate, based upon bids received, for
the construction of such project exceeds by more than 25 per
centum the amount authorized for such project by the Congress;
until a written report of the facts relating to the reduced scope or
increased cost of such project, including a statement of the reasons for
reduction in scope or increase in cost, has been submitted to the
Committees on Armed Services of the Senate and House of Representatives,
and either thirty days have elapsed after the date of submission of such
report, or both committees have indicated approval of such reduction in
scope or increase in cost, as the case may be.
(f) Annual Report to Congress.-The Secretary of Defense, or the
Secretary's designee, shall submit an annual report to the Congress
identifying each individual project (other than a project authorized
under section 103, 203, 303, or 403) which has been placed under
contract in the preceding twelve-month period and with respect to which
the then current working estimate of the Department of Defense, based
upon bids received, for such project exceeded the amount authorized by
the Congress for that project by more than 25 per centum. The Secretary
shall also include in such report each individual project with respect
to which the scope was reduced by more than 25 per centum in order to
permit contract award within the available authorization for such
project. Such report shall include all pertinent cost information for
each individual project, including the amount in dollars and percentage
by which the current working estimate based on the contract price for
the project exceeded the amount authorized for such project by the
Congress.
(g) Cost and Floor Area Variations-Solar Energy.-The Secretary of
Defense shall encourage the utilization of solar energy as a source of
energy for projects authorized by this Act where utilization of solar
energy would be practical and economically feasible. In order to equip
any project authorized by this Act with solar heating equipment, solar
cooling equipment, or both solar heating and solar cooling equipment,
the Secretary of Defense may authorize increases in the cost limitations
or floor area limitations for such project by such amounts as may be
necessary for such purpose. Any increase under this section in the cost
or floor area of a project authorized by this Act shall be in addition
to any other increase in such cost or variation in floor area
limitations authorized by this or any other Act.
Sec. 604. Contracts for construction made by the United States for
performance within the United States and its possessions under this Act
shall be executed under the jurisdiction and supervision of the Corps of
Engineers, Department of the Army, the Naval Facilities Engineering
Command, Department of the Navy, or such other department or Government
agency as the Secretaries of the military departments recommend and the
Secretary of Defense approves to assure the most efficient, expeditious,
and cost-effective accomplishment of the construction herein authorized.
The Secretaries of the military departments shall report annually to
the President of the Senate and Speaker of the House of Representatives
a breakdown of the dollar value of construction contracts completed by
each of the several construction agencies selected together with the
design, construction supervision, and overhead fees charged by each of
the several agents in the execution of the assigned construction.
Further, such contracts (except architect and engineering contracts
which, unless specifically authorized by the Congress, shall continue to
be awarded in accordance with presently established procedures, customs,
and practice) shall be awarded, insofar as practicable, on a competitive
basis to the lowest responsible bidder, if the national security will
not be impaired and the award is consistent with chapter 137 of title
10, United States Code. // 10 USC 2301. // The Secretaries of the
military departments shall report annually to the President of the
Senate and Speaker of the House of Representatives with respect to all
contracts awarded on other than a competitive basis to the lowest
responsible bidder. Such reports shall also show, in the case of the
ten architect-engineering firms which, in terms of total dollars, were
awarded the most business; the names of such firms; the total number
of separate contracts awarded each firm; and the total amount paid or
to be paid in the case of each such action under all such contracts
awarded such firm.
Sec. 605. (a) As of October 1, 1981, or the date of the enactment of
the Military Construction Authorization Act for fiscal year 1982,
whichever is later, all authorizations for military public works,
including family housing, to be accomplished by the Secretary of a
military department in connection with the establishment or development
of installations and facilities, and all authorizations for
appropriations therefor, that are contained in titles I, II, III, IV,
and V of the Military Construction Authorization Act, 1980 (Public Law
96 - 125; 93 Stat. 928), // 93 Stat. 928, 931, 934, 938, 940. // and
all such authorizations contained in Acts approved before November 26,
1979, and not superseded or otherwise modified by a later authorization
are repealed except--,
(1) authorizations for public works and for appropriations
therefor that are set forth in those Acts in the titles that
contain the general provisions; and
(2) authorizations for public works projects as to which
appropriated funds have been obligated for construction contracts,
land acquisition, or payments to the North Atlantic Treaty
Organization, in whole or in part, before October 1, 1981, or the
date of the enactment of the Military Construction Authorization
Act ffor fiscal year 1982, whichever is later, and authorizations
for appropriations therefor.
(b) Notwithstanding the repeal provisions of subsection (a) of this
section and section 605 of the Military Construction Authorization Act,
1980 (Public Law 96 - 125; 93 Stat. 944), authorizations for the
following items authorized in section 101 of the Military Construction
Authorization Act, 1979 (Public Law 95 - 356; 92 Stat. 565) shall
remain in effect until October 1, 1982, or the date of the enactment of
the Military Construction Authorization Act for fiscal year 1983,
whichever is later:
(1) Energy Control System construction in the amount of
$3,300,000 at Fort Jackson, South Carolina.
(2) Regional Sewage Treatment Plant Upgrade construction in the
amount of $1,209,000 at Fort Bliss, Texas.
(3) Regional Sewage Treatment Plant Upgrade construction in the
amount of $550,000 at Fort Monroe, Virginia.
(4) Barracks with Dining construction in the amount of
$4,603,000 at Fulda, Germany.
(5) Improvements to Heating System in the amount of $394,000 at
Kansas Army Ammunition Plant, Kansas.
(6) Energy Control System in the amount of $1,372,000 at
Fitzsimmons Army Medical Center, Colorado.
(7) Hospital addition, alteration, and upgrade in the amount of
$30,283,000 at 2d General Hospital, Landstuhl, Germany.
(8) Facilities Modernization in the amount of $1,782,000 at
Christensen Barracks, Bindlach, Germany.
(9) Facilities Modernization in the amount of $7,731,000 at
Ferris Barracks, Erlangen, Germany.
(10) Barracks without dining facilities in the amount of
$2,299,000 at Conn Barracks, Schweinfurt, Germany.
(11) Small Arms Maintenance and Storage Facility in the amount
of $3,645,000 at Fort Benning, Georgia.
(12) Cargo Handling Training Facility in the amount of
$3,666,000 at Fort Eustis, Virginia.
(13) Petroleum Storage Facilities in the amount of $2,437,000
at Fort Leonard Wood, Missouri.
(14) Tactical Equipment Shop and Facilities in the amount of
$2,272,000 at Fort Polk, Louisiana.
(15) Contaminated Waste Incinerator construction in the amount
of $620,000 at Kansas Army Ammunition Plant, Kansas.
(16) Contaminated Waste Incinerator Plant construction in the
amount of $501,000 at Iowa Army Ammunition Plant, Iowa.
(17) Contaminated Waste Incinerator construction in the amount
of $637,000 at Milan Army Ammunition Plant, Tennessee.
(18) Contaminated Waste Incinerator construction in the amount
of $518,000 at Sunflower Army Ammunition Plant, Kansas.
(19) Tactical Equipment Shop and Facilities in the amount of
$1,037,000 at Wildflecken Training Area, Germany.
(20) Facilities Modernization in the amount of $7,000,000 at
Mannheim, Germany.
(21) Facilities Modernization in the amount of $14,000,000 at
Baumholder, Germany.
(22) Flight Simulator Building in the amount of $1,739,000 at
Mannheim, Germany.
(23) Explosive Waste Incinerator construction in the amount of
$763,000 at Sunflower Army Ammunition Plant, Kansas.
(24) Missile Maintenance Facility in the amount of $863,000 at
Fort Polk, Louisiana.
(c) Notwithstanding the repeal provisions of subsection (a) of this
section and section 605 of the Military Construction Authorization Act,
1980 (Public Law 96 - 125; 93 Stat. 944), authorizations for the
following items authorized in section 201 of the Military Construction
Authorization Act, 1979 (Public Law 95 - 356; 92 Stat. 567) shall
remain in effect until October 1, 1982, or the date of the enactment of
the Military Construction Authorization Act for fiscal year 1983,
whichever is later:
(1) Energy Monitoring and Control System in the amount of
$765,000 at the Naval Air Station, Jacksonville, Florida.
(2) Municipal Sewer Connection construction in the amount of
$2,500,000 at the Naval Education and Training Center, Newport,
Rhode Island.
(d) Notwithstanding the repeal provisions of subsection (a) of this
section and section 605 of the Military Construction Authorization Act,
1980 (Public Law 96 - 125; 93 Stat. 944), authorizations for the
following items authorized in section 301 of the Military Construction
Authorization Act, 1979 (Public Law 95 - 356; 92 Stat. 572) shall
remain in effect until October 1, 1982, or the date of the enactment of
the Military Construction Authorization Act for fiscal year 1983,
whichever is later:
(1) Space Transportation System airfield facilities in the
amount of $32,100,000 at Vandenberg Air Force Base, California.
(2) Energy-Alter Lighting System in the amount of $850,000 at
Hill Air Force Base, Utah.
(3) Energy Monitoring and Control System in the amount of
$3,300,000 at Kelly Air Force Base, Texas.
(4) Fire Station in the amount of $1,031,000 at Tinker Air
Force Base, Oklahoma.
(5) Energy-Alter Mechanical, Electrical and Structural Systems
in the amount of $1,120,000 at Wright-Patterson Air Force Base,
Ohio.
(6) Energy Monitoring and Control System in the amount of
$3,350,000 at Wright-Patterson Air Force Base, Ohio.
(7) Propulsion Wind Tunnel-16 T High Angle Automatic Sting in
the amount of $2,710,000 at Arnold Engineering Development Center,
Tennessee.
(8) Energy Monitoring and Control System in the amount of
$2,750,000 at Edwards Air Force Base, California.
(9) Insulate Heating and Cooling Controls and Insulate
Buildings in the amount of $650,000 at Edwards Air Force Base,
California.
(10) Chapel Center in the amount of $1,190,000 at Eglin Air
Force Base, Florida.
(11) Energy Monitoring and Control System in the amount of
$2,000,000 at Hanscom Air Force Base, Massachusetts.
(12) Aircraft Corrosion Control Facility in the amount of
$7,310,000 at Dover Air Force Base, Delaware.
(13) Chapel Center in the amount of $1,240,000 at Castle Air
Force Base, California.
(14) Energy Monitoring and Control System in the amount of
$610,000 at Grand Forks Air Force Base, North Dakota.
(15) Air Installation Compatible Use Zone in the amount of
$314,000 at Grissom Air Force Base, Indiana.
(16) Air Installation Compatible Use Zone in the amount of
$357,000 at March Air Force Base, California.
(17) Sewage Main Regional Connection in the amount of $946,000
at Rickenbacker Air Force Base, Ohio.
(18) Energy Monitoring and Control System in the amount of
$540,000 at Holloman Air Force Base, New Mexico.
(19) Energy Monitoring and Control System in the amount of
$900,000 at Nellis Air Force Base, Nevada.
(20) Add to and Alter Cadet Library in the amount of $4,000,000
at the United States Air Force Academy, Colorado.
(21) Special Operation Facilities in the amount of $2,800,000
at Various Locations, Pacific Air Forces.
(22) Telecommunications Facility in the amount of $6,515,000 at
Various Locations (Ramstein Air Base), Germany.
(e) Notwithstanding the repeal provisions of subsection (a) of this
section and section 605 of the Military Construction Authorization Act,
1980 (Public Law 96 - 125; 93 Stat. 944), authorizations for the
following items authorized in section 401 of the Military Construction
Authorization Act, 1979 (Public Law 95 - 356; 92 Stat. 572) // 92 Stat.
575. // shall remain in effect until October 1, 1982, or the date of
the enactment of the Military Construction Authorization Act for fiscal
year 1983, whichever is later:
(1) ADP and Communications Facility-Alteration of existing
space in the amount of $1,573,000 at Defense Depot, Ogden, Utah.
(2) Storage Facilities-Construction in the amount of $1,353,000
at Defense Property Disposal Office, Indianapolis, Indiana.
(3) Covered Storage Facilities-Construction in the amount of
$584,000 at Defense Property Disposal Office, Subic Bay, Republic
of the Philippines.
(f) Notwithstanding the repeal provisions of subsection (a) of this
section and section 605 of the Military Construction Authorization Act,
1980 (Public Law 96 - 125; 93 Stat. 944), authorization for the
Effluent Land Irrigation System construction in the amount of $6,933,000
at Fort Ord, California, authorized in section 101 of the Military
Construction Authorization Act, 1977 (Public Law 94 - 431; 90 Stat.
1349) shall remain in effect until October 1, 1982, or the date of the
enactment of the Military Construction Authorization Act for fiscal year
1983, whichever is later.
Sec. 606. None of the authority contained in titles I, II, III, and
IV of this Act shall be deemed to authorize any building construction
projects inside the United States in excess of a unit cost to be
determined in proportion to the appropriate area construction cost
index, based on the following unit cost limitations where the area
construction index is 1.0:
(1) $52 per square foot for permanent barracks; or
(2) $56 per square foot for unaccompanied officer quarters;
unless the Secretary of Defense, or the Secretary's designee, determines
that, because of special circumstances, application to such project of
the limitations on unit cost contained in this section is impracticable.
Notwithstanding the limitations contained in prior Military
Construction Authorization Acts on units costs, the limitations on such
costs contained in this section shall apply to all prior authorizations
for such construction not heretofore repealed and for which construction
contracts have not been awarded by the date of the enactment of this
Act.
Sec. 607. (a) Section 301 of the Military Construction Authorization
Act, 1979 (Public Law 95 - 356; 92 Stat. 572), is amended under the
heading " Inside the United States" by striking out "$141,782,000" in
the item relating to Vandenberg Air Force Base, California, under the
subheading " STRATEGIC AIR COMMAND" and inserting in lieu thereof
"$223,161,000".
(b) Section 602(3) of such Act // 92 Stat. 580. // is amended by
striking out "$423,059,000" and "$522,743,000" and inserting in lieu
thereof "$504,438,000" and "$604,122,000", respectively.
Sec. 608. Titles I, II, III, IV, and V // 10 USC 2675 // shall take
effect on October 1, 1980.
Sec. 701. Subject to chapter 133 of title 10, United States Code, //
10 USC 2231. // the Secretary of Defense may establish or develop
additional facilities for the Guard and Reserve Forces, including the
acquisition of land therefor, but the cost of such facilities shall not
exceed the following amounts:
(1) For the Department of the Army--,
States,
$36,000,000; and
(2) For the Department of the Navy: for the Naval and Marine
Corps Reserves, $30,550,000.
(3) For the Department of the Air Force--,
Sec. 702. The Secretary of Defense may establish or develop
installations and facilities under this title without regard to section
3648 of the Revised Statutes (31 U.S.C. 529) and sections 4774 and 9774
of title 10, United States Code. The authority to place permanent or
temporary improvements on lands includes authority for surveys,
administration, overhead, planning, and supervision incident to
construction. That authority may be exercised before title to the land
is approved under section 355 of the Revised Statutes (40 U.S.C. 255)
and even though the land is held temporarily. The authority to acquire
real estate or land includes authority to make surveys and to acquire
land and interests in land (including temporary use), by gift, purchase,
exchange of Government-owned land, or otherwise.
AFFECTED BY
THE MX WEAPON SYSTEM AND THE EAST COAST
TRIDENT BASE
Sec. 801. During fiscal year 1981, the Secretary of Defense may
utilize funds appropriated for planning and design purposes to provide
community planning assistance as follows:
(1) To assist communities near MX Weapon System sites,
$5,000,000.
(2) To assist communities near the East Coast Trident Base,
$1,000,000.
YEAR 1981 FOR
AREAS AFFECTED BY THE MX WEAPON SYSTEM AND THE
EAST COAST
TRIDENT BASE
Sec. 802. (a) The Secretary of Defense (hereinafter in this section
// 10 USC 139 // referred to as the " Secretary") is authorized to
assist communities located near MX Weapon System sites, communities
located near the East Coast Trident Base, and the States in which such
communities are located in meeting the costs of providing increased
municipal services and facilities to the residents of such communities,
if the Secretary determines that there is an immediate and substantial
increase in the need for such services and facilities in such
communities as a direct result of work being carried out in connection
with the construction, installation, testing, and operation of the MX
Weapon System or the East Coast Trident Base, as the case may be, and
that an unfair and excessive financial burden will be incurred by such
communities, or the States in which such communities are located, as a
result of the increased need for such services and facilities.
(b)(1) The Secretary shall carry out the program of assistance
authorized under this section through existing Federal programs. In
carrying out such program of assistance, the Secretary is authorized,
subject to the provisions of subsection (d), to (A) supplement funds
made available under such Federal programs through a direct transfer of
funds from the Secretary to the department or agency concerned in such
amounts as the Secretary considers necessary, (B) provide financial
assistance to communities described in subsection (a) to help such
communities pay their share of the costs under such programs, and (C)
guarantee State or municipal indebtedness for improved public facilities
related to the MX Weapon System or the East Coast Trident Base.
(2) The head of each department and agency of the Federal Government
concerned shall cooperate fully with the Secretary in carrying out the
provisions of this section on a priority basis.
(3) Notwithstanding any other provision of law, the Secretary, in
cooperation with the heads of other departments and agencies of the
Federal Government, is authorized to provide facilities and services in
anticipation of the work to be carried out in connection with the MX
Weapon System and the East Coast Trident Base. No department or agency
may charge a management fee for assisting the Secretary in carrying out
the provisions of this section.
(c) In determining the amount of financial assistance to be made
available under this section to any local community for any community
service or facility, the Secretary shall consult with the head of the
department or agency concerned with the type of service or facility for
which financial assistance is being made available and shall take into
consideration (1) the time lag between the initial impact of increased
population in any such community and any increase in the local tax base
which will result from such increased population, (2) the possible
temporary nature of the increased population and the long-range cost
impact on the permanent residents of any such community, (3) the initial
capitalization required for municipal sewer and water systems, (4) the
initial operating cost for upgrading municipal services, and (5) such
other pertinent factors as the Secretary considers appropriate.
(d) Funds appropriated to the Department of Defense for carrying out
the MX Weapon System and the East Coast Trident Base may, to the extent
specifically authorized in Military Construction Authorization Acts, be
utilized by the Secretary in carrying out the provisions of this
section.
(e) The Secretary shall transmit to the Committees on Armed Services
and Appropriations of the Senate and the House of Representatives, not
later than sixty days after the end of each fiscal year beginning after
fiscal year 1981, a written report indicating the total amount
transferred to and the amount obligated and expended by each local
community or State which has been provided assistance under the
authority of this section during the preceding fiscal year, the specific
projects for which assistance was provided during such year, and the
total amount for each such project during such year.
Sec. 803. (a) The Congress finds that--,
(1) the Department of Defense is required from time to time,
for national security reasons, to provide for the construction in
the United States of major, new military facilities which have a
serious adverse impact on the communities and the areas in which
such facilities are constructed; and
(2) neither the impacted local governments nor the States in
which such facilities are constructed should be expected to bear
the full cost of such impact.
(b) The Pesident shall conduct a thorough study of the adverse impact
on communities in areas in which major, new military facilities are
constructed with a view to determining the most effective and
practicable means of promptly mitigating such impact. In carrying out
such study the President shall, as a minimum--,
(1) identify those potential Department of Defense actions that
are sufficient in scope to warrant impact assistance by the
Federal Government;
(2) examine various options and recommend organizational
mechanisms to administer the Federal community impact assistance
to be made available;
(3) examine various options and recommend procedures for the
budgeting of community impact assistance funds;
(4) recommend such changes in existing programs as may be
necessary to provide effective and timely impact assistance to
areas adversely affected by the construction of major, new
military facilities; and
(5) consult with and seek the advice of appropriate State and
local leaders and officials regarding the problems and needs of
communities that result from the construction of major, new
military facilities in or near such communities.
(c) The President shall submit the results of the study required by
subsection (b) to the Congress not later than March 1, 1981, together
with such comments and recommendations as the President considers
appropriate.
Sec. 804. Section 2688(b) of title 10, United States Code, is
amended to read as follows:
"(b) For the purposes of this section, a solar energy system shall be
considered to be cost effective if the original investment cost
differential can be recovered over the expected life of the facility
using accepted life cycle costing procedures. Such accepted life cycle
costing procedures shall include--,
"(1) the use of undiscounted, constant dollars in all
calculations;
"(2) an assumption that any additional maintenance costs
incurred as a result of the installation of a solar system will be
offset by a corresponding reduction in the maintenance costs for
a conventional back-up system; and
"(3) the use of realistic assumptions with regard to the rate
of inflation on the cost of fossil fuel as compared with the
general rate of inflation, but in no event may the assumed general
rate of inflation be greater than the assumed rate of inflation on
the cost of fossil fuel.".
Sec. 805. Section 2662 of title 10, United States Code, is amended
by striking out "$50,000" each place it appears in subsections (a), (b),
and (e) and inserting in lieu thereof "$100,000".
MILITARY
DEPARTMENT IS AUTHORIZED TO EXPEND FOR
ACQUISITION OF INTERESTS
IN LAND
Sec. 806. (a) Section 2672 of title 10, United States Code, is
amended--,
(1) by striking out "$50,000" in the catchline and inserting in
lieu thereof "$100,000"; and
(2) by striking out "$50,000" each place it appears in the text
of such section and inserting in lieu thereof "$100,000".
(b) The table of sections at the beginning of chapter 159 of such
title is amended by striking out "$50,000" in the item relating to
section 2662 and inserting in lieu thereof "$100,000".
Sec. 807. (a) Within one hundred and eighty days after the date of
the enactment of this Act, the Secretary of Defense shall furnish a
report to the appropriate committees of the Congress outlining a plan
(1) to convert to the use of a fuel other than oil or gas all oil and
gas fired plants of the Department of Defense which have heat input
rates of fifty million British thermal units per hour or more, and (2)
to replace, in each case in which such action would be cost effective,
existing oil or gas fired plants with new central plants that use a fuel
other than oil or gas.
(b) Such report shall include with respect to each plant the
following:
(1) The estimated cost of conversion or replacement, including
a breakdown of costs by major work items (powerplant, utilities,
fuel handling facilities, pollution abatement facilities, and
related or similar items).
(2) The estimated oil and gas savings that would result from
such conversion or replacement.
(3) The estimated annual net fuel cost savings that would
result from such conversion or replacement.
(4) The computed benefit-cost ratio and the estimated payback
period using accepted life cycle costing procedures.
Such report shall also include funding schedules based on the assumption
that such conversions and replacements are to be completed within (A) a
five-year period, and (B) a ten-year period.
Sec. 808. (a) Except as provided in subsection (b) of this section,
no new facility or plant which requires heat input rates of fifty
million British thermal units per hour or more and which uses oil or gas
(or a derivative of either) as fuel may be constructed on lands under
the jurisdiction of the Department of Defense.
(b) The Secretary of Defense may waive the provisions of subsection
(a) in rare, unusual situations, but no such waiver shall become
effective until after the Secretary has notified the appropriate
committees of the Congress of the waiver in writing.
(c) The Secretary of Defense may not provide heating service for any
new facility or plant in increments in order to avoid the prohibition
contained in subsection (a).
ARSENAL
Sec. 809. (a) Notwithstanding any other provision of law, the
Secretary of Defense shall remove all chemical munitions from the Rocky
Mountain Arsenal, Colorado, within one year after the date of the
enactment of this Act.
(b) Within ninety days after the date of the enactment of this Act,
the Secretary of Defense shall notify the Committees on Armed Services
of the Senate and the House of Representatives in writing of the methods
proposed to be used in carrying out the provisions of subsection (a).
(c) The Secretary of Defense shall not take any action to carry out
the provisions of subsection (a) until a period of thirty days has
elapsed after the receipt by the Committees on Armed Services of the
notification required under subsection (b).
Sec. 810. (a) In order to determine the feasibility and cost of
clearing the island of Kahoolawe, Hawaii, and the adjacent waters of
ordnance and other debris resulting from the use of such island as a
target range by the United States Navy, the Secretary of the Navy is
authorized and directed to (1) develop appropriate technology for
clearing unexploded ordnance from test land which has the same or
similar soil composition as the island of Kahoolawe and from submerged
land which has the ecology characteristics of subtropical waters, and
(2) demonstrate the developed technology at selected sites on the island
of Kahoolawe.
(b) The Secretary of the Navy shall begin work on the development of
the technology described in subsection (a) within six months after the
date of the enactment of this Act and shall complete the development and
demonstration of such technology at the earliest practicable date. The
Secretary of the Navy shall submit progress reports to the Committees on
Armed Services of the Senate and the House of Representatives each year
until the project provided for in subsection (a) is completed.
(c) Any land or water area which may be cleared of unexploded
ordnance incident to the demonstration of the technology shall be fenced
or buoyed and be used for such purpose or purposes as the Secretary of
the Navy may approve.
(d) There are authorized to be approriated such sums as may be
necessary to carry out the provisions of this section during fiscal year
1981.
Sec. 811. (a) The Secretary of Defense, in consultation with the
Secretary of Transportation, shall conduct a study of the condition of
railroad lines identified in the Strategic Rail Corridor Network
(STRACNET) for National Defense (Military Traffic Management Command
Report RND 76 - 1, An Analysis of a Strategic Rail Corridor Network for
National Defense, November 1976). Such study shall include (1) an
identification of those segments of the corridor which, as a result of
deferred maintenance or deterioration, may potentially have an adverse
impact on the movement of personnel, equipment, and materials among
Federal military arsenals and installations, and (2) an estimate of the
cost of rehabilitating such segments.
(b) The Secretary of Defense shall submit the results of such study,
together with recommendations for correcting deficiencies in the
Strategic Rail Corridor Network in order to strengthen the Armed Forces'
combat readiness and mobilization base, to the Committees on Armed
Services of the Senate and the House of Representatives not later than
July 1, 1981.
Sec. 812. (a) The first section and section 2 of the Act entitled "
An Act to provide for the conveyance to the State of Maine of certain
lands located in such State", approved August 28, 1957 (71 Stat. 467),
are amended by striking out "for vocational or other school purposes"
and inserting in lieu thereof "for public purposes".
(b) The Secretary of the Navy shall issue such written instructions,
deeds, or other instruments as may be necessary to bring the conveyance
made to the State of Maine under the authority of the Act referred to in
subsection (a) into conformity with the amendment made by such
subsection.
CONVEYANCE, SOUTH
CHARLESTON, WEST VIRGINIA
Sec. 813. Section 609 of the Military Construction Authorization
Act, 1977 (Public Law 94 - 431; 90 Stat. 1365), is amended--,
(1) by striking out "a section of land" in the first sentence
and inserting in lieu thereof "three parcels of land";
(2) by striking out "4.5 acres" in the first sentence and
inserting in lieu thereof "eight acres";
(3) by striking out "eight acres" in the second sentence and
inserting in lieu thereof "approximately ten acres"; and
(4) by striking out the period at the end of the last sentence
and inserting in lieu thereof "or the Department of the Navy.".
CALIFORNIA
Sec. 814. (a)(1) Subject to paragraph (3), the Secretary of the Navy
(hereinafter in this section referred to as the " Secretary") shall
amend the declaration of taking described in paragraph (2) by
substituting for the interest described in such declaration of taking
which is condemned for the use of the United States an interest
consisting of all right, title, and interest of the City of San Diego,
California, in and to the tract of land described in such declaration
subject to a possibility of reverter of such tract of land (including
improvements thereon) to the City of San Diego in the event that the
United States ceases to use the land for hospital or medical purposes
(or purposes related thereto).
(2) The declaration of taking referred to in paragraph (1) is the
declaration of taking signed by the Secretary on December 26, 1979, and
filed in Civil Action No. 80-0021-E in the United States District Court
for the Southern District of California under the authority of section
809 of the Military Construction Authorization Act, 1980 (Public Law 96
- 125; 93 Stat. 950), condemning for the use of the United States all
right, title, and interest of the City of San Diego, California, in and
to a certain tract of land consisting of 40 acres, more or less, in
Balboa Park, San Diego, California.
(3) The amendment to such declaration of taking authorized by
paragraph (1) may not be made without the consent of the City of San
Diego.
(b) The Secretary may convey to the City of San Diego as
consideration, in whole or in part, for the acquisition under the
declaration of taking described in subsection (a) all right, title, and
interest of the United States, or any lesser interest, in and to all or
any part of the real property (including improvements thereon) of the
Naval Regional Medical Center, San Diego, California, that has been
conveyed, leased, or otherwise made available to the United States by
the City of San Diego other than through the acquisition under such
declaration of taking.
(c) Notwithstanding any other provision of law, the Secretary may
construct on the land referred to in subsection (a) or on any other land
acquired by the United States from the City of San Diego which is
contiguous to such land and in which the United States has less than a
fee simple absolute interest any military construction project for a
hospital or other medical facility which is otherwise authorized by law.
(d) The provisions of subsections (c) and (d) of section 809 of the
Military Construction Authorization Act, 1980, // 93 Stat. 950. //
shall apply to the acquisition under the declaration of taking described
in subsection (a), as amended under such subsection.
Sec. 815. (a) The Secretary of the Navy (hereinafter in this section
referred to as the " Secretary") is authorized to acquire by exchange
all right, title, and interest of the San Diego Unified School District
(hereinafter in this section referred to as the " District") in and to
certain parcels of land in the County of San Diego, State of California,
comprising approximately 5.11 acres of land (together with improvements
thereon) known and identified as the Fairhaven School, San Diego,
California, as shown and more particularly described on a map entitled "
Naval Station San Diego, California, Acquisition of Fairhaven School",
on file at the Western Division, Naval Facilities Engineering Command,
San Bruno, California.
(b) In consideration for the acquisition under subsection (a), the
Secretary is authorized to convey to the District all right, title, and
interest of the United States in and to land and improvements having a
fair market value (as determined by the Secretary) equal to or greater
than the fair market value (as determined by the Secretary) of the
improvements on the property to be acquired. If the fair market value
of the land and improvements conveyed by the Secretary exceeds the fair
market value of such improvements, the difference shall be paid by the
District to the United States and shall be covered into the Treasury as
miscellaneous receipts.
(c) The exact acreages and legal descriptions of the properties to be
acquired or conveyed under this section shall be determined by surveys
which are satisfactory to the Secretary.
Sec. 816. (a) The Secretary of the Air Force (hereinafter in this
section referred to as the " Secretary") is authorized to acquire by
exchange all right, title, and interest in all or any part of three
tracts of land contiguous to Mc Clellan Air Force Base, Sacramento
County, California, consisting of a total of approximately 443.3 acres.
(b) As consideration for any acquisition under subsection (a), the
Secretary is authorized to convey to the owners of the property to be
acquired all right, title, and interest of the United States in and to
real property of the United States under the jurisdiction of the
Secretary (including any improvements thereon) having a fair market
value of not more than the fair market value of the property to be
acquired.
(c) The exact acreage and legal description of any real property
acquired or conveyed under this section shall be determined by surveys
which are satisfactory to the Secretary.
Sec. 817. (a) Subject to subsection (b), the Secretary of the Army
(hereinafter in this section referred to as the " Secretary") is
authorized to convey to the City of Wabasha, Minnesota (hereinafter in
this section referred to as the " City") all right, title, and interest
of the United States in and to the land and improvements comprising the
United States Army Reserve Center, Wabasha, Minnesota.
(b) In consideration for the acquisition under subsection (a), the
City shall convey to the United States all right, title, and interest of
the City in and to a certain tract of land of approximately seven acres
owned by the City. If the fair market value of the land conveyed by the
City under this subsection is less than the fair market value of the
land conveyed by the United States under subsection (a), the City shall
pay to the United States the amount of the difference between such fair
market values. Any amount received under the preceeding sentence shall
be covered into the Treasury as miscellaneous receipts.
(c) The conveyances under subsections (a) and (b) shall not be made
until a new Army Reserve Center has been constructed on the land to be
conveyed to the United States under subsection (b) and the existing Army
Reserve Center referred to in subsection (a) has been vacated. Before
such conveyances are made, the City shall make available to the
Secretary without charge the lands to be conveyed under subsection (b)
for the purpose of allowing the construction of the new Army Reserve
Center.
(d) The exact acreages and legal descriptions of any property
acquired or conveyed under this section shall be determined by surveys
which are satisfactory to the Secretary.
(e) The Secretary is authorized to accept and administer any real
property conveyed to the United States under this section.
Sec. 818. (a)(1) Subject to subsections (b) and (c), the Secretary
of the Navy (hereinafter in this section referred to as the "
Secretary") is authorized to convey, without monetary consideration, to
the Government of Guam all right, title, and interest of the United
States in and to the lands (or any part of the lands) described in
paragraph (2), together with the improvements thereon.
(2) The lands referred to in paragraph (1) consist of approximately
927 acres of land located on Cabras Island and within the northern
portion of the Apra Harbor Naval Complex, Guam, Marianas Islands, as
shown and more particularly described on a map entitled " Apra Harbor
Complex, Guam, Marianas Islands, Conveyance of 927 Acres of Land to the
Government of Guam", on file at the Pacific Division, Naval Facilities
Engineering Command, Pearl Harbor, Hawaii.
(b)(1) Conveyance of the property described in subsection (a) shall
be made at such times, and shall be subject to such terms and
conditions, as the Secretary considers to be in the interest of national
defense.
(2) Conveyance of the property described in subsection (a) shall be
subject to the condition that any disposal by sale or lease of any part
or all of the property by the Government of Guam shall only be for a
monetary consideration equal to or in excess of the fair market value
(at the time of the disposal) of the property concerned, or of the
leasehold interest therein, as determined by the Administrator of
General Services, and any such monetary consideration received by the
Government of Guam, minus any reasonable development costs incurred by
such Government in preparing the property concerned for disposal, shall
be paid to the United States.
(3) The United States shall reserve easements for all existing
utilities and navigation aids in the conveyed parcels as exist on the
date of conveyance of the property whether or not such utilities and
facilities are specifically mentioned in the conveyance documents for
the property. The Government of Guam, for as long as it owns the
conveyed lands, shall agree to issue easements not interfering with
their facilities and operations to the United States at no cost for the
future facility installations including, but not limited to,
construction, installation, reconstruction, operation, maintenance, and
removal of water, oil, gas, fuel, and other pipelines, drainage and
sewage systems, power and telephone transmission lines, water sewage,
and other utility lines, navigation aids, and all things incident
thereto, in, on, under, and over the conveyed lands together with all
necessary rights and privileges for the full enjoyment of the foregoing,
including, without limitation, the right of ingress and egress. The
Government of Guam shall agree that for as long as it owns the conveyed
lands, it will bear all costs of relocation of existing and future
utility lines and other facilities owned by the United States in the
conveyed lands requisite to construction on the conveyed lands by the
Government of Guam and authorized other parties.
(4) All leases, licenses, easements, and other property interests
affecting the conveyed lands at the time of conveyance issued by the
United States shall be honored by the Government of Guam until their
final expiration dates. All rents due to be collected under such
contracts shall be remitted to the United States for all periods prior
to the date the property is conveyed, after which date the rents will be
the property of the Government of Guam.
(5) All leases, licenses, easements, conveyances of land, and other
real estate interests granted by the Government of Guam after
conveyance, shall be subject to the terms, conditions, convenants, and
reservations stated in this subsection and shall recite the same in the
contractual documents.
(c) The exact acreages and legal descriptions of all lands to be
conveyed under this section shall be determined by surveys which are
satisfactory to the Secretary. The cost of such surveys, together with
all other direct and indirect costs related to any conveyance under this
section, shall be borne by the Government of Guam.
Approved October 10, 1980.
LEGISLATIVE HISTORY:
HOUSE REPORTS: No. 96 - 1009 (Comm. on Armed Services) and No. 96 -
1399 (Comm. of Conference).
SENATE REPORT No. 96 - 915 accompanying S. 3059 (Comm. on Armed
Services).
CONGRESSIONAL RECORD, Vol. 126 (1980):
Sept. 10, considered and passed House.
Sept. 16, considered and passed Senate, amended, in lieu of S.
3059.
Sept. 30, Senate agreed to conference report.
Oct. 1, House agreed to conference report.
PUBLIC LAW 96-417, 94 STAT, 1727, CUSTOMS COURTS ACT OF 1980
and revising certain provisions
of title 28, United States Code, relating to the
judiciary and judicial review
of international trade matters, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That this Act // 28 USC
1 // may be cited as the " Customs Courts Act of 1980".
Sec. 101. Section 251 of title 28, United States Code, is amended to
read as follows:
" Section 251. Appointment and number of judges; offices
"(a) The President shall appoint, by and with the advice and consent
of the Senate, nine judges who shall constitute a court of record to be
known as the United States Court of International Trade. Not more than
five of such judges shall be from the same political party. The court
is a court established under article III of the Constitution of the
United States. // USC prec. title 1. //
"(b) The President shall designate one of the judges of the Court of
International Trade who is less than seventy years of age to serve as
chief judge. The chief judge shall continue to serve as chief judge
until he reaches the age of seventy years and another judge is
designated as chief judge by the President. After the designation of
another judge to serve as chief judge, the former chief judge may
continue to serve as a judge of the court.
"(c) The offices of the Court of International Trade shall be located
in New York, New York.".
Sec. 102. (a) Section 293(b) of title 28, United States Code, is
amended by striking out " Customs Court" and all that follows through
"need arises" and inserting in lieu thereof " Court of International
Trade to perform judicial duties in any circuit, either in a court of
appeals or district court, upon presentation of a certificate of
necessity by the chief judge or circuit justice of the circuit in which
the need arises".
(b) Section 293(d) of title 28, United States Code, is amended to
read as follows:
"(d) The chief judge of the Court of International Trade may, upon
presentation to him of a certificate of necessity by the chief judge of
the Court of Customs and Patent Appeals or the chief judge of the Court
of Claims, designate and assign temporarily any judge of the Court of
International Trade to serve as a judge of the Court of Customs and
Patent Appeals or the Court of Claims.".
Sec. 201. Chapter 95 of title 28, United States Code, is amended to
read as follows:
" Sec.
"1581. Civil actions against the United States and agencies and
officers thereof.
"1582. Civil actions commenced by the United States.
"1583. Counterclaims, cross-claims, and third-party actions.
"1584. Cure of defects.
"1585. Powers in law and equity.
" Section 1581. // 28 USC 1581. // Civil actions against the United
States and agencies and officers thereof
"(a) The Court of International Trade shall have exclusive
jurisdiction of any civil action commenced to contest the denial of a
protest, in whole or in part, under section 515 of the Tariff Act of
1930. // 19 USC 1515. //
"(b) The Court of International Trade shall have exclusive
jurisdiction of any civil action commenced under section 516 of the
Tariff Act of 1930. // 19 USC 1516. //
"(c) The Court of International Trade shall have exclusive
jurisdiction of any civil action commenced under section 516 A of the
Tariff Act of 1930. // 19 USC 1516a. //
"(d) The Court of International Trade shall have exclusive
jurisdiction of any civil action commenced to review--,
"(1) any final determination of the Secretary of Labor under
section 223 of the Trade Act 1974
// 19 USC 2273. //
with respect to the eligibility of workers adjustment assistance
under such Act;
"(2) any final determination of the Secretary of Commerce under
section 251 of the Trade Act of 1974
// 19 USC 2341. //
with respect to the eligibility of a firm for adjustment
assistance under such Act; and
"(3) any final determination of the Secretary of Commerce under
section 271 of the Trade Act of 1974
// 19 USC 2371. //
with respect to the eligibility of a community for adjustment
assistance under such Act.
"(e) The Court of International Trade shall have exclusive
jurisdiction of any civil action commenced to review any final
determination of the Secretary of the Treasury under section 305(b)(1)
of the Trade Agreements Act of 1979. // 19 USC 2515. //
"(f) The Court of International Trade shall have exclusive
jurisdiction of any civil action involving an application for an order
directing the administering authority or the International Trade
Commission to make confidential information available under section
777(c)(2) of the Tariff Act of 1930. // 19 USC 16777f. //
"(g) The Court of International Trade shall have exclusive
jurisdiction of any civil action commenced to review--,
"(1) any decision of the Secretary of the Treasury to deny or
revoke a customhouse broker's license under section 641(a) of the
Tariff Act of 1930; // 19 USC 1641. //
and
"(2) any order of the Secretary of the Treasury to revoke or
suspend a customhouse broker's license under section 641(b) of the
Tariff Act of 1930.
// 19 USC 1641. //
"(h) The Court of International Trade shall have exclusive
jurisdiction of any civil action commenced to review, prior to the
importation of the goods involved, a ruling issued by the Secretary of
the Treasury, or a refusal to issue or change such a ruling, relating to
classification, valuation, rate of duty, marking, restricted
merchandise, entry requirements, drawbacks, vessel repairs, or similar
matters, but only if the party commencing the civil action demonstrates
to the court that he would be irreparably harmed unless given an
opportunity to obtain judicial review prior to such importation.
"(i) In addition to the jurisdiction conferred upon the Court of
International Trade by subsections (a)-(h) of this section and subject
to the exception set forth in subsection (j) of this section, the Court
of International Trade shall have exclusive jurisdiction of any civil
action commenced against the United States, its agencies, or its
officers, that arises out of any law of the United States providing
for--,
"(1) revenue from imports or tonnage;
"(2) tariffs, duties, fees, or other taxes on the importation
of merchandise for reasons other than the raising of revenue;
"(3) embargoes or other quantitative restrictions on the
importation of merchandise for reasons other than the protection
of the public health or safety; or
"(4) administration and enforcement with respect to the matters
referred to in paragraphs (1)-(3) of this subsection and
subsections (a)-(h) of this section.
"(j) The Court of International Trade shall not have jurisdiction of
any civil action arising under section 305 of the Tariff Act of 1930.
// 19 USC 1305. //
" Section 1582. // 28 USC 1582. // Civil actions commenced by the
United States
" The Court of International Trade shall have exclusive jurisdiction
of any civil action which arises out of an import transaction and which
is commenced by the United States--,
"(1) to recover a civil penalty under section 592, 704(i)(2),
or 734(i)(2) of the Tariff Act of 1930;
// 19 USC 1592, 1671c, 1673c. //
"(2) to recover upon a bond relating to the importation of
merchandise required by the laws of the United States or by the
Secretary of the Treasury; or
"(3) to recover customs duties.
" Section 1583. // 28 USC 1583. // Counterclaims, cross-claims, and
third-party actions
" In any civil action in the Court of International Trade, the court
shall have exclusive jurisdiction to render judgment upon any
counterclaim, cross-claim, or third-party action of any party, if (1)
such claim or action involves the imported merchandise that is the
subject matter of such civil action, or (2) such claim or action is to
recover upon a bond or customs duties relating to such merchandise.
Section 1584. // 28 USC 1584. // Cure of defects
"(a) If a civil action within the exclusive jurisdiction of the Court
of International Trade is commenced in a district court of the United
States, the district court shall, in the interest of justice, transfer
such civil action to the Court of International Trade, where such action
shall proceed as if it had been commenced in the Court of International
Trade in the first instance.
"(b) If a civil action within the exclusive jurisdiction of a
district court, a court of appeals, or the Court of Customs and Patent
Appeals is commenced in the Court of International Trade, the Court of
International Trade shall, in the interest of justice, transfer such
civil action to the appropriate district court or court of appeals or to
the Court of Customs and Patent Appeals where such action shall proceed
as if it had been commenced in such court in the first instance.
" Section 1585. // 28 USC 1585. // Powers in law and equity
" The Court of International Trade shall possess all the powers in
law and equity of, or as conferred by statute upon, a district court of
the United States.".
Sec. 301. Chapter 169 of title 28, United States Code, is amended to
read as follows:
" Sec.
"2631. Persons entitled to commence a civil action.
"2632. Commencement of a civil action.
"2633. Procedure and fees.
"2634. Notice.
"2635. Filing of official documents.
"2636. Time for commencement of action.
"2637. Exhaustion of administrative remedies.
"2638. New grounds in support of a civil action.
"2639. Burden of proof; evidence of value.
"2640. Scope and standard of review.
"2641. Witnesses; inspection of documents.
"2642. Analysis of imported merchandise.
"2643. Relief.
"2644. Interest.
"2645. Decisions.
"2646. Retrial or rehearing.
"2647. Precedence of cases.
" Section 2631. // 28 USC 2631. // Persons entitled to commence a
civil action
"(a) A civil action contesting the denial of a protest, in whole or
in part, under section 515 of the Tariff Act of 1930 // 19 USC 1515. //
may be commenced in the Court of International Trade by the person who
filed the protest pursuant to section 514 of such Act, // 19 USC 1514.
// or by a surety on the transaction which is the subject of the
protest.
"(b) A civil action contesting the denial of a petition under section
516 of the Tariff Act of 1930 // 19 USC 1516. // may be commenced in
the Court of International Trade by the person who filed such petition.
"(c) A civil action contesting a determination listed in section 516
A of the Tariff Act of 1930 // 19 USC 1516a. // may be commenced in the
Court of International Trade by any interested party who was a party to
the proceeding in connection with which the matter arose.
"(d)(1) A civil action to review any final determination of the
Secretary of Labor under section 223 of the Trade Act of 1974 // 19 USC
2273. // with respect to the eligibility of workers for adjustment
assistance under such Act may be commenced in the Court of International
Trade by a worker, group of workers, certified or recognized union, or
authorized representative of such worker or group that applies for
assistance under such Act and is aggrieved by such final determination.
"(2) A civil action to review any final determination of the
Secretary of Commerce under section 251 of the Trade Act of 1974 // 19
USC 2341. // with respect to the eligibility of a firm for adjustment
assistance under such Act may be commenced in the Court of International
Trade by a firm or its representative that applies for assistance under
such Act and is aggrieved by such final determination, or by any other
interested domestic party that is aggrieved by such final determination.
"(3) A civil action to review any final determination of the
Secretary of Commerce under section 271 of the Trade Act of 1974 // 19
USC 2371. // with respect to the eligibility of a community for
adjustment assistance under such Act may be commenced in the Court of
International Trade by a community that applies for assistance under
such Act and is aggrieved by such final determination, or by any other
interested domestic party that is aggrieved by such final determination.
"(e) A civil action to review a final determination made under
section 305(b)(1) of the Trade Agreements Act of 1979 // 19 USC 2515.
// may be commenced in the Court of International Trade by any person
who was a party-at-interest with respect to such determination.
"(f) A civil action involving an application for the issuance of an
order directing the administering authority or the International Trade
Commission to make confidential information available under section
777(c)(2) of the Tariff Act of 1930 // 19 USC 1677f. // may be
commenced in the Court of International Trade by any interested party
whose application for disclosure of such confidential information was
denied under section 777(c)(1) of such Act.
"(g)(1) A civil action to review any decision of the Secretary of the
Treasury to deny or revoke a customhouse broker's license under section
641(a) of the Tariff Act of 1930 // 19 USC 1641. // may be commenced in
the Court of International Trade by the person whose license was denied
or revoked.
"(2) A civil action to review any order of the Secretary of the
Treasury to revoke or suspend a customhouse broker's license under
section 641(b) of the Tariff Act of 1930 may be commenced in the Court
of International Trade by the person whose license was revoked or
suspended.
"(h) A civil action described in section 1581(h) of this title // 28
USC 1581. // may be commenced in the Court of International Trade by
the person who would have standing to bring a civil action under section
1581(a) of this title if he imported the goods involved and filed a
protest which was denied, in whole or in part, under section 515 of the
Tariff Act of 1930. // 19 USC 1515. //
"(i) Any civil action of which the Court of International Trade has
jurisdiction, other than an action specified in subsections (a)-(h) of
this section, may be commenced in the court by any person adversely
affected or aggrieved by agency action within the meaning of section 702
of title 5. // 5 USC 702. //
"(j)(1) Any person who would be adversely affected or aggrieved by a
decision in a civil action pending in the Court of International Trade
may, by leave of court, intervene in such action, except that--,
"(A) no person may intervene in a civil action unnder section
515 or 516 of the Tariff Act of 1930;
// 19 USC 1515, 1516. //
"(B) in a civil action under section 516 A of the Tariff Act of
1930,
// 19 USC 1516a. //
only an interested party who was a party to the proceeding in
connection with which the matter arose may intervene, and such
person may intervene as a matter of right; and
"(C) in a civil action under section 777(c)(2) of the Tariff
Act of 1930,
// 19 USC 1677f. //
only a person who was a party to the investigation may intervene,
and such person may intervene as a matter of right.
"(2) In those civil actions in which intervention is by leave of
court, the Court of International Trade shall consider whether the
intervention will unduly delay or prejudice the adjudication of the
rights of the original parties.
"(k) In this section--,
"(1) 'interested party' has the meaning given such term in
section 771(9) of the Tariff Act of 1930;
// 19 USC 1677. //
and
"(2) 'party-at-interest' means--,
subject
of a final determination under section 305(b)(1) of the
Trade
Agreements Act of 1979;
United
States of a like product; and
product
in the United States.
" Section 2632. // 28 USC 2632. // Commencement of a civil action
"(a) Except for civil actions specified in subsections (b) and (c) of
this section, a civil action in the Court of International Trade shall
be commenced by filing concurrently with the clerk of the court a
summons and complaint, with the content and in the form, manner, and
style prescribed by the rules of the court.
"(b) A civil action in the Court of International Trade under section
515 or section 516 of the Tariff Act of 1930 // 19 USC 1515, 1516. //
shall be commenced by filing with the clerk of the court a summons, with
the content and in the form, manner, and style prescribed by the rules
of the court.
"(c) A civil action in the Court of International Trade under section
516 A of the Tariff Act of 1930 // 19 USC 1516a. // shall be commenced
by filing with the clerk of the court a summons or a summons and a
complaint, as prescribed in such section, with the content and in the
form, manner, and style prescribed by the rules of the court.
"(d) The Court of International Trade may prescribe by rule that any
summons, pleading, or other paper mailed by registered or certified mail
properly addressed to the clerk of the court with the proper postage
affixed and return receipt requested shall be deemed filed as of the
date of mailing.
" Section 2633. // 28 USC 2636. // Procedure and fees
"(a) A filing fee shall be payable to the clerk of the Court of
International Trade upon the commencement of a civil action in such
court. The amount of the fee shall be prescribed by the rules of the
court, but shall be not less than $5 nor more than the filing fee for
commencing a civil action in a district court of the United States. The
court may fix all other fees to be charged by the clerk of the court.
"(b) The Court of International Trade shall prescribe rules governing
the summons, pleadings, and other papers, for their amendment, service,
and filing, for consolidations, severances, suspensions of cases, and
for other procedural matters. "(c) All summons, pleadings, and other
papers filed in the Court of International Trade shall be served on all
parties in accordance with rules prescribed by the court. When the
United States, its agencies, or its officers are adverse parties,
service of the summons shall be made upon the Attorney General and the
head of the Government agency whose action is being contested. When
injunctive relief is sought, the summons, pleadings, and other papers
shall also be served upon the named officials sought to be enjoined.
" Section 2634. // 28 USC 2634. // Notice
" Reasonable notice of the time and place of trial or hearing before
the Court of International Trade shall be given to all parties to any
civil action, as prescribed by the rules of the court.
" Section 2635. // 28 USC 2635. // Filing of official documents
"(a)(1) Upon service of the summons on the Secretary of the Treasury
in any civil action contesting the denial of a protest under section 515
of the Tariff Act of 1930 // 19 USC 1515. // or the denial of a
petition under section 516 of such Act, // 19 USC 1516. // the
appropriate customs officer shall forthwith transmit to the clerk of the
Court of International Trade, as prescribed by its rules, and as a part
of the official record--,
"(A) the consumption or other entry and the entry summary;
"(B) the commercial invoice;
"(C) the special customs invoice;
"(D) a copy of the protest or petition;
"(E) a copy of the denial, in whole or in part, of the protest
or petition;
"(F) the importer's exhibits;
"(G) the official and other representative samples;
"(H) any official laboratory reports; and
"(I) a copy of any bond relating to the entry.
"(2) If any of the items listed in paragraph (1) of this subsection
do not exist in a particular civil action, an affirmative statement to
that effect shall be transmitted to the clerk of the court.
"(b)(1) In any civil action commenced in the Court of International
Trade under section 516 A of the Tariff Act of 1930, // 19 USC 1516a.
// within forty days or within such other period of time as the court
may specify, after the date of service of a complaint on the
administering authority established to administer title VII of the
Tariff Act of 1930 // 19 USC 1671. // or the United States
International Trade Commission, the administering authority or the
Commission shall transmit to the clerk of the court the record of such
action, as prescribed by the rules of the court. The record shall,
unless otherwise stipulated by the parties, consist of--,
"(A) a copy of all information presented to or obtained by the
administering authority or the Commission during the course of the
administrative proceedings, including all governmental memoranda
pertaining to the case and the record of ex parte meetings
required to be maintained by section 777(a)(3) of the Tariff Act
of 1930;
// 19 USC 1677f. //
and
"(B)(i) a copy of the determination and the facts and
conclusions of law upon which such determination was based, (ii)
all transcripts or records of conferences or hearings, and (iii)
all notices published in the Federal Register.
"(2) The administering authority or the Commission shall identify and
transmit under seal to the clerk of the court any document, comment, or
information that is accorded confidential or privileged status by the
Government agency whose action is being contested and that is required
to be transmitted to the clerk under paragraph (1) of this subsection.
Any such document, comment, or information shall be accompanied by a
nonconfidential description of the nature of the material being
transmitted. The confidential or privileged status of such material
shall be preserved in the civil action, but the court may examine the
confidential or privileged material in camera and may make such material
available under such terms and conditions as the court may order.
"(c) Within fifteen days, or within such other period of time as the
Court of International Trade may specify, after service of a summons and
complaint in a civil action involving an application for an order
directing the administering authority or the International Trade
Commission to make confidential information available under section
777(c)(2) of the Tariff Act of 1930, // 19 USC 1677f. // the
administering authority or the Commission shall transmit under seal to
the clerk of the Court of International Trade, as prescribed by its
rules, the confidential information involved, together with pertinent
parts of the record. Such information shall be accompanied by a
nonconfidential description of the nature of the information being
transmitted. The confidential status of such information shall be
preserved in the civil action, but the court may examine the
confidential information in camera and may make such information
available under a protective order consistent with section 777(c)(2) of
the Tariff Act of 1930.
"(d)(1) In any other civil action in the Court of International Trade
in which judicial review is to proceed upon the basis of the record made
before an agency, the agency shall, within forty days or within such
other period of time as the court may specify, after the date of service
of the summons and complaint upon the agency, transmit to the clerk of
the court, as prescribed by its rules--,
"(A) a copy of the contested determination and the findings or
report upon which such determination was based;
"(B) a copy of any reported hearings or conferences conducted
by the agency; and
"(C) any documents, comments, or other papers filed by the
public, interested parties, or governments with respect to the
agency's action.
"(2) The agency shall identify and transmit under seal to the clerk
of the court any document, comment, or other information that was
obtained on a confidential basis and that is required to be transmitted
to the clerk under paragraph (1) of this subsection. Any such document,
comment, or information shall include a nonconfidential description of
the nature of the material being transmitted. The confidential or
privileged status of such material shall be preserved in the civil
action, but the court may examine such material in camera and may make
such material available under such terms and conditions as the court may
order.
"(3) The parties may stipulate that fewer documents, comments, or
other information than those specified in paragraph (1) of this
subsection shall be transmitted to the clerk of the court.
" Section 2636. // 28 USC 2636. // Time for commencement of action
"(a) A civil action contesting the denial, in whole or in part, of a
protest under section 515 of the Tariff Act of 1930 // 19 USC 1515. //
is barred unless commenced in accordance with the rules of the Court of
International Trade--,
"(1) within one hundred and eighty days after the date of
mailing of notice of denial of a protest under section 515(a) of
such Act; or
"(2) within one hundred and eighty days after the date of
denial of a protest by operation of law under the provisions of
section 515(b) of such Act.
// 19 USC 1515. //
"(b) A civil action contesting the denial of a petition under section
516 of the Tariff Act of 1930 // 19 USC 1516. // is barred unless
commenced in accordance with the rules of the Court of International
Trade within thirty days after the date of mailing of a notice pursuant
to section 516(c) of such Act.
"(c) A civil action contesting a reviewable determination listed in
section 516 A of the Tariff Act of 1930, // 19 USC 1516a. // other than
a determination under section 703(b), 703(c), 733(b), or 733(c) of such
Act, // 19 USC 1671b, 1673b. // is barred unless commenced in
accordance with the rules of the Court of International Trade within
thirty days after the date of the publication of such determination in
the Federal Register.
"(d)(1) A civil action contesting a determination by the
administering authority under section 703(c) or 733(c) of the Tariff Act
of 1930 that a case is extraordinarily complicated is barred unless
commenced in accordance with the rules of the Court of International
Trade within ten days after the date of the publication of such
determination in the Federal Register.
"(2) A civil action contesting a negative determination by the
administering authority under section 703(b) or 733(b) of the Tariff Act
of 1930 is barred unless commenced in accordance with the rules of the
Court of International Trade within ten days after the date of the
publication of such determination in the Federal Register.
"(e) A civil action contesting a final determination of the Secretary
of Labor under section 223 of the Trade Act of 1974 // 19 USC 2273. //
or a final determination of the Secretary of Commerce under section 251
or section 271 of such Act // 19 USC 2341, 2371. // is barred unles
commenced in accordance with the rules of the Court of International
Trade within sixty days after the date of notice of such determination.
"(f) A civil action contesting a final determination made under
section 305(b)(1) of the Trade Agreements Act of 1979 // 19 USC 2515.
// is barred unless commenced in accordance with the rules of the Court
of International Trade within thirty days after the date of the
publication of such determination in the Federal Register.
"(g) A civil action involving an application for the issuance of an
order making confidential information available under section 777(c)(2)
of the Tariff Act of 1930 // 19 USC 1677f. // is barred unless
commenced in accordance with the rules of the Court of International
Trade within ten days after the date of the denial of the request for
such confidential information.
"(h) A civil action contesting the denial or revocation by the
Secretary of the Treasury of a customhose broker's license under section
641(a) of the Tariff Act of 1930 // 19 USC 1641. // or the revocation
or suspension by such Secretary of a customhouse broker's license under
section 641(b) of such Act is barred unless commenced in accordance with
the rules of the Court of International Trade within sixty days after
the date of the entry of the decision or order of such Secretary.
"(i) A civil action of which the Court of International Trade has
jurisdiction under section 1581 of this title, // 28 USC 1581. // other
than an action specified in subsections (a)-(h) of this section, is
barred unless commenced in accordance with the rules of the court within
two years after the cause of action first accrues.
" Section 2637. // 28 USC 2637. // Exhaustion of administrative
remedies
"(a) A civil action contesting the denial of a protest under section
515 of the Tariff Act of 1930 // 19 USC 1515. // may be commenced in
the Court of International Trade only if all liquidated duties, charges,
or exactions have been paid at the time the action is commenced, except
that a surety's obligation to pay such liquidated duties, charges, or
exactions is limited to the sum of any bond related to each entry
included in the denied protest.
"(b) A civil action contesting the denial of a petition under section
516 of the Tariff Act of 1930 // 19 USC 1516. // may be commenced in
the Court of International Trade only by a person who has first
exhausted the procedures set forth in such section.
"(c) A civil action described in section 1581(h) of this title // 28
USC 1581. // may be commenced in the Court of International Trade prior
to the exhaustion of administrative remedies if the person commencing
the action makes the demonstration required by such section.
"(d) In any civil action not specified in this section, the Court of
International Trade shall, where appropriate, require the exhaustion of
administrative remedies.
" Section 2638. // 28 USC 2638. // New grounds in support of a civil
action
" In any civil action under section 515 of the Tariff Act of 1930 //
19 USC 1515. // in which the denial, in whole or in part, of a protest
is a precondition to the commencement of a civil action in the Court of
International Trade, the court, by rule, may consider any new ground in
support of the civil action if such new ground--,
"(1) applies to the same merchandise that was the subject of
the protest; and
"(2) is related to the same administrative decision listed in
section 514 of the Tariff Act 1930
// 19 USC 1514. //
that was contested in the protest.
" Section 2639. // 28 USC 2639. // Burden of proof; evidence of
value
"(a)(1) Except as provided in paragraph (2) of this subsection, in
any civil action commenced in the Court of International Trade under
section 515, 516, or 516 A of the Tariff Act of 1930, // 19 USC 1515a.
// the decision of the Secretary of the Treasury, the administering
authority, or the International Trade Commission is presumed to be
correct. The burden of proving otherwise shall rest upon the party
challenging such decision.
"(2) The provisions of paragraph (1) of this subsection shall not
apply to any civil action commenced in the Court of International Trade
under section 1582 of this title.
"(b) In any civil action described in section 1581(h) of this title,
the person commencing the action shall have the burden of making the
demonstration required by such section by clear and convincing evidence.
"(c) Where the value of merchandise or any of its components is in
issue in any civil action in the Court of International Trade--,
"(1) reports or depositions of consuls, customs officers, and
other officers of the United States, and depositions and
affidavits of other persons whose attendance cannot reasonably be
had, may be admitted into evidence when served upon the opposing
party as prescribed by the rules of the court; and
"(2) price lists and catalogs may be admitted in evidence when
duly authenticated, relevant, and material.
" Section 2640. // 28 USC 2640. // Scope and standard of review
"(a) The Court of International Trade shall make its determinations
upon the basis of the record made before the court in the following
categories of civil actions:
"(1) Civil actions contesting the denial of a protest under
section 515 of the Tariff Act of 1930.
// 19 USC 1515. //
"(2) Civil actions commenced under section 516 of the Tariff
Act of 1930.
// 19 USC 1516. //
"(3) Civil actions commenced to review a final determination
made under section 305(b)(1) of the Trade Agreements Act of 1979.
// 19 USC 2515. //
"(4) Civil actions commenced under section 777(c)(2) of the
Tariff Act of 1930.
// 19 USC 1677f. //
"(5) Civil actions commenced to review any decision of the
Secretary of the Treasury to deny or revoke a customhouse broker's
license under section 641(a) of the Tariff Act of 1930.
// 19 USC 1641. //
"(6) Civil actions commenced under section 1582 of this title.
"(b) In any civil action commenced in the Court of International
Trade under section 516 A of the Tariff Act of 1930, // 19 USC 1516a.
// the court shall review the matter as specified in subsection (b) of
such section.
"(c) In any civil action commenced in the Court of International
Trade to review any final determination of the Secretary of Labor under
section 223 of the Trade Act of 1974 // 19 USC 2273. // or any final
determination of the Secretary of Commerce under section 251 or section
271 of such Act, // 19 USC 2341, 2371. // the court shall review the
matter as specified in section 284 of such Act.
"(d) In any civil action not specified in this section, the Court of
International Trade shall review the matter as provided in section 706
of title 5.
" Section 2641. // 28 USC 2641. // Witnesses; inspection of
documents
"(a) Except as otherwise provided by law, in any civil action in the
Court of International Trade, each party and its counsel shall have an
opportunity to introduce evidence, to hear and cross-examine the
witnesses of the other party, and to inspect all samples and papers
admitted or offered as evidence, as prescribed by the rules of the
court. Except as provided in section 2639 of this title, subsection (b)
of this section, // 28 USC app. // or the rules of the court, the
Federal Rules of Evidence shall apply to all civil actions in the Court
of International Trade.
"(b) The Court of International Trade may order that trade secrets
and commercial or financial information which is privileged and
confidential, or any information provided to the United States by any
foreign government or foreign person, may be disclosed to a party, its
counsel, or any other person under such terms and conditions as the
court may order.
" Section 2642. // 28 USC 2642. // Analysis of imported merchandise
" The Court of International Trade may order an analysis of imported
merchandise and reports thereon by laboratories or agencies of the
United States.
" Section 2643. // 28 USC 2643. // Relief
"(a) The Court of International Trade may enter a money judgment--,
"(1) for or against the United States in any civil action
commenced under section 1581 or 1582 of this title; and
"(2) for or against the United States or any other party in any
counterclaim, cross-claim, or third-party action under section
1583 of this title.
"(b) If the Court of International Trade is unable to determine the
correct decision on the basis of the evidence presented in any civil
action, the court may order a retrial or rehearing for all purposes, or
may order such further administrative or adjudicative procedures as the
court considers necessary to enable it to reach the correct decision.
"(c)(1) Except as provided in paragraphs (2), (3), and (4) of this
subsection, the Court of International Trade may, in addition to the
orders specified in subsections (a) and (b) of this section, order any
other form of relief that is appropriate in a civil action, including,
but not limited to, declaratory judgments, orders of remand,
injunctions, and writs of mandamus and prohibition.
"(2) The Court of International Trade may not grant an injunction or
issue a writ of mandamus in any civil action commenced to review any
final determination of the Secretary of Labor under section 223 of the
Trade Act of 1974, // 19 USC 2273. // or any final determination of the
Secretary of Commerce under section 251 or section 271 of such Act. //
19 USC 2341, 2371. //
"(3) In any civil action involving an application for the issuance of
an order directing the administering authority or the International
Trade Commission to make confidential information available under
section 777(c)(2) of the Tariff Act of 1930, // 19 USC 1677f. // the
Court of International Trade may issue an order of disclosure only with
respect to the information specified in such section. "(4) In any civil
action described in section 1581(h) of this title, the Court of
International Trade may only order the appropriate declaratory relief.
"(d) If a surety commences a civil action in the Court of
International Trade, such surety shall recover only the amount of the
liquidated duties, charges, or exactions paid on the entries included in
such action. The excess amount of any recovery shall be paid to the
importer of record.
" Section 2644. // 28 USC 2644. // Interest
" If, in a civil action in the Court of International Trade under
section 515 of the Tariff Act of 1930, // 19 USC 1515. // the plaintiff
obtains monetary relief by a judgment or under a stipulation agreement,
interest shall be allowed at an annual rate established under section
6621 of the Internal Revenue Code of 1954. // 26 USC 6621. // Such
interest shall be calculated from the date of the filing of the summons
in such action to the date of the refund.
" Section 2645. // 28 USC 2645. // Decisions
"(a) A final decision of the Court of International Trade in a
contested civil action or a decision granting or refusing a preliminary
injunction shall be supported by--,
"(1) a statement of findings of fact and conclusions of law;
or
"(2) an opinion stating the reasons and facts upon which the
decision is based.
"(b) After the Court of International Trade has rendered a jugment,
the court may, upon the motion of a party or upon its own motion, amend
its findings or make additional findings and may amend the decision and
judgment accordingly. A motion of a party or the court shall be made
not later than thirty days after the date of entry of the judgment.
"(c) A decision of the Court of International Trade is final and
conclusive, unless a retrial or rehearing is granted pursuant to section
2646 of this title or an appeal is taken to the Court of Customs and
Patent Appeals within the time and in the manner provided in section
2601 of this title. // 28 USC 2601. //
" Section 2646. // 28 USC 2646. // Retrial or rehearing
" After the Court of International Trade has rendered a judgment or
order, the court may, upon the motion of a party or upon its own motion,
grant a retrial or rehearing, as the case may be. A motion of a party
or the court shall be made not later than thirty days after the date of
entry of the judgment or order.
" Section 2647. // 28 USC 2647. // Precedence of cases
" The following civil actions in the Court of International Trade
shall be given precedence, in the following order, over other civil
actions pending before the court, and shall be assigned for hearing at
the earliest practicable date and expedited in every way:
"(1) First, a civil action involving the exclusion of
perishable merchandise or the redelivery of such merchandise.
"(2) Second, a civil action for the review of a determination
under section 516 A(a)(1)(B) (i) or (ii) of the Tariff Act of
1930.
// 19 USC 1516a. //
"(3) Third, a civil action commenced under section 515 of the
Tariff Act of 1930
// 19 USC 1515. //
involving the exclusion or redelivery of merchandise.
"(4) Fourth, a civil action commenced under section 516 or 516
A of the Tariff Act of 1930,
// 19 USC 1516, 1516a. //
other than a civil action described in paragraph (2) of this
section.".
Sec. 302. (a) Chapter 121 of title 28, United States Code, is
amended by adding at the end thereof the following new section:
" Section 1876. // 28 USC 1876. // Trial by jury in the Court of
International Trade
"(a) In any civil action in the Court of International Trade which is
to be tried before a jury, the jury shall be selected in accordance with
the provisions of this chapter and under the procedures set forth in the
jury selection plan of the district court for the judicial district in
which the case is to be tried.
"(b) Whenever the Court of International Trade conducts a jury
trial--,
"(1) the clerk of the district court for the judicial district
in which the Court of International Trade is sitting, or an
authorized deputy clerk, shall act as clerk of the Court of
International Trade for the purposes of selecting and summoning
the jury;
"(2) the qualifications for jurors shall be the same as those
established by section 1865(b) of this title
// 28 USC 1865. //
for jurors in the district courts of the United States;
"(3) each party shall be entitled to challenge jurors in
accordance with section 1870 of this title;
// 28 USC 1870. //
and
"(4) jurors shall be compensated in accordance with section
1871 of this title.".
// 28 USC 1871. //
(b) The section analysis for chapter 121 of title 28, United States
Code, is amended by adding at the end thereof the following new item:
"1876. Trial by jury in the Court of International Trade.".
(c) Section 1862 of title 28, United States Code, is amended by
inserting "or in the Court of International Trade" immediately after "
United States".
Sec. 401. (a)(1) Section 1541(a) of title 28, United States Code, is
amended to read as follows:
"(a) The Court of Customs and Patent Appeals shall have exclusive
jurisdiction of appeals from all final decisions of the Court of
International Trade.".
(2) Section 1541 of title 28, United States Code, is amended by
adding at the end thereof the following new subsection:
"(c) The Court of Customs and Patent Appeals shall have exclusive
jurisdiction of appeals from interlocutory orders of the Court of
International Trade granting, continuing, modifying, refusing, or
dissolving injunctions, or refusing to dissolve or modify injunctions.".
(b)(1) Section 1543 of title 28, United States Code, is amended to
read as follows:
" Section 1543. // 28 USC 1543. // International Trade Commission
determinations
" The Court of Customs and Patent Appeals shall have jurisdiction to
review the final determinations of the United States International Trade
Commission made under section 337 of the Tariff Act of 1930 // 19 USC
1337. // relating to unfair trade practices in import trade.".
(2) The item relating to section 1543 in the section analysis of
chapter 93 of title 28, United States Code, is amended to read as
follows:
"1543. International Trade Commission determinations.".
Sec. 402. (a) Chapter 93 of title 28, United States Code, as amended
by section 401 of this Act, is further amended by adding at the end
thereof the following new section:
" Section 1546. // 28 USC 1546. // Powers in law and equity
" The Court of Customs and Patent Appeals shall have all the powers
in law and equity of, or as conferred by statue upon, a court of appeals
of the United States.".
(b) The section analysis of chapter 93 of title 28, United States
Code, as amended by section 401 of this Act, is further amended by
adding at the end thereof the following new item:
"1546. Powers in law and equity.".
Sec. 403. (a) Section 2601(a) of title 28, United States Code, is
amended by adding at the end thereof the following new sentence: " If a
timely notice of appeals is filed by a party, any other party may file a
notice of appeal within fourteen days after the date on which the first
notice of appeal was filed.".
(b) The first sentence of section 2601(b) of title 28, United States
Code, is amended--,
(1) by inserting "or cross appeal" immediately after "appeal"
each place it appears; and
(2) by striking out "which shall include a concise statement of
the errors complained of".
(c) The third sentence of section 2601(b) of title 28, United States
Code, is amended by striking out "and the Secretary of the Treasury or
their designees" and inserting in lieu thereof "and any named official".
(d) Section 2601(c) of title 28, United States Code, is amended by
inserting immediately after the sentence the following new sentences: "
Findings of fact shall not be set aside unless clearly erroneous and due
regard shall be given to the opportunity of the Court of International
Trade to judge the credibility of the witnesses. A party may raise on
appeal the question of whether the findings of fact are clearly
erroneous, whether or not the party raising such question made an
objection to such findings in the Court of International Trade or made a
motion to amend such findings.".
(e)(1) Section 2602 of title 28, United States Code, is amended to
read as follows:
" Section 2602. // 28 USC 2602. // Precedence of cases
" The following civil actions in the Court of Customs and Patent
Appeals shall be given precedence, in the following order, over other
civil actions pending before the court, and shall be assigned for
hearing at the earliest practicable date and expedited in every way:
"(1) First, a civil action involving the exclusion of
perishable merchandise or the redelivery of such merchandise.
"(2) Second, a civil action for the review of a determination
under section 516 A(a)(1)(B) (i) or (ii) of the Tariff Act of
1930.
// 19 USC 1516a. //
"(3) Third, a civil action commenced under section 515 of the
Tariff Act of 1930
// 19 USC 1515. //
involving the exclusion or redelivery of merchandise.
"(4) Fourth, a civil action commenced under section 516 or 516
A of the Tariff Act of 1930,
// 19 USC 1516, 1516a. //
other than a civil action described in paragraph (2) of this
section.
"(5) Fifth, an appeal from findings of the Secretary of
Commerce provided for in headnote 6 to schedule 8, part 4, of the
Tariff Schedules of the United States (19 U.S.C. 1202).".
(2) The item relating to section 2602 in the section analysis of
chapter 167 of title 28, United States Code, is amended to read as
follows:
"2602. Precedence of cases.".
Sec. 404. (a) Chapter 167 of title 28, United States Code, is
amended by adding at the end thereof the following new section:
" Section 2603. // 28 USC 2603. // Rules of evidence
" Except as provided in section 2639 or 2641(b) of this title // 28
USC app. // or in the rules prescribed by the court, the Federal Rules
of Evidence shall apply in the Court of Customs and Patent Appeals in
any appeal from the Court of International Trade.".
(b) The section analysis of chapter 167 of title 28, United States
Code, is amended by adding at the end thereof the following new item:
"2603. Rules of evidence.".
Sec. 405. (a) Chapter 167 of title 28, United States Code, as
amended by section 404 of this Act, is further amended by adding at the
end thereof the following new section:
" Section 2604. // 28 USC 2604. // Judicial conference
" The chief judge of the Court of Customs and Patent Appeals is
authorized to summon annually the judges of such court to a judicial
conference, at a time and place that such chief judge designates, for
the purpose of considering the business of such court and improvements
in the administration of justice in such court.".
(b) The section analysis of chapter 167 of title 28, United States
Code, as amended by section 404 of this Act, is further amended by
adding at the end thereof the following new item:
"2604. Judicial conference.".
Sec. 501. The following provisions of title 28, United States Code,
// 28 USC 1. // are amended by striking out " Customs Court" and
inserting in lieu thereof " Court of International Trade":
(1) The item relating to chapter 11 in the chapter analysis of
part I.
(2) The chapter heading of chapter 11.
(3) Section 253(a).
(4) Section 254.
(5) Section 255(a).
(6) Section 257.
(7) Section 292(e).
(8) Section 293(c).
(9) Section 372(a) and (b).
(10) Section 451 (including that section as it will become
effective on April 1, 1984).
(11) Section 456.
(12) Section 569(a) (including that section as it will become
effective on April 1, 1984).
(13) The item relating to chapter 55 in the chapter analysis of
part III.
(14) Section 605.
(15) Section 610.
(16) The chapter heading of chapter 55.
(17) Section 871.
(18) Section 872.
(19) Section 873.
(20) The item relating to chapter 95 in the chapter analysis of
part IV.
(21) Section 1340.
(22) The item relating to section 1541 in the section analysis
of chapter 93.
(23) The section heading for section 1541.
(24) Section 1541(b).
(25) The item relating to chapter 169 in the chapter analysis
of part VI.
(26) The item relating to section 2601 in the section analysis
of chapter 167.
(27) The section heading for section 2601.
(28) Section 2601 (a), (b), and (c).
Sec. 502. Section 252 of title 28, United States Code, is amended by
striking out " Judge of the Customs Court" and inserting in lieu thereof
" Judges of the Court of International Trade".
Sec. 503. Section 518(a) of title 28, United States Code, is amended
by inserting "and in the Court of International Trade" immediately after
" Claims".
Sec. 504. Section 751 of title 28, United States Code, is amended by
adding at the end thereof the following new subsection:
"(f) When the Court of International Trade is sitting in a judicial
district, other than the Southern District or Eastern District of New
York, the clerk of the district court of such judicial district or an
authorized deputy clerk, upon the request of the chief judge of the
Court of International Trade and with the approval of such district
court, shall act in the district as clerk of the Court of International
Trade, as prescribed by the rules and orders of the Court of
International Trade for all purposes relating to the civil action then
pending before such court.".
Sec. 505. Section 1337 of title 28, United States Code, is amended
by adding at the end thereof the following new subsection:
"(c) The district courts shall not have jurisdiction under this
section of any matter within the exclusive jurisdiction of the Court of
International Trade under chapter 95 of this title.".
Sec. 506. Section 1352 of title 28, United States Code, is amended
by inserting immediately before the period at the end thereof the
following: ", Except matters within the jurisdiction of the Court of
International Trade under section 1582 of this title".
Sec. 507. Section 1355 of title 28, United States Code, is amended
by inserting immediately before the period at the end thereof the
following: ",except matters within the jurisdiction of the Court of
International Trade under section 1582 of this title".
Sec. 508. Section 1356 of title 28, United States Code, is amended
by inserting immediately before the period at the end thereof the
following: ",except matters within the jurisdiction of the Court of
International Trade under section 1582 of this title".
Sec. 509. The second paragraph of section 1491 of title 28, United
States Code, is amended by striking out "in suits" and inserting in lieu
thereof "of any civil action within the exclusive jurisdiction of the
Court of International Trade, or of any action".
Sec. 510. Section 1919 of title 28, United States Code, is amended
by inserting "or the Court of International Trade" immediately after
"court" the first place it appears.
Sec. 511. (a) Chapter 125 of title 28, United States Code, is
amended by inserting immediately after section 1963 the following new
section:
" Section 1963 A. // 28 USC 1963 A. // Registration of judgments of
the Court of International Trade
"(a) A judgment in any civil action for the recovery of money or
property entered by the Court of International Trade which has become
final by appeal or expiration of time for appeal may be registered in
any judicial district by filing a certified copy of such judgment. A
judgment so registered shall have the same effect as a judgment of the
district court of the district where registered and may be enforced in
like manner.
"(b) A certified copy of the satisfaction of any judgment in whole or
in part may be registered in like manner in any district in which the
judgment is a lien.".
(b) The section analysis of chapter 125 of title 28, United States
Code, is amended by inserting immediately after the item relating to
section 1963 the following new item:
"1963 A. Registration of judgments of the Court of Internaional
Trade.".
Sec. 512. The first paragraph of section 2414 of title 28, United
States Code, is amended by inserting "or the Court of International
Trade" immediately after "court" in the first sentence.
Sec. 601. The following provisions of law are amended by striking
out " Customs Court" and inserting in lieu thereof " Court of
International Trade":
(1) Section 6001 of title 18, United States Code.
(2) Section 305 of the Tariff Act of 1930 (19 U.S.C. 1305).
(3) Section 502(b) of the Tariff Act of 1930 (19 U.S.C. 1502(
b)).
(4) Section 503 of the Tariff Act of 1930 (19 U.S.C. 1503).
(5) Section 514 (a) and (b) of the Tariff Act of 1930 (19 U.S.
C. 1514 (a) and (b)).
(6) Section 516 (d), (e), and (f) of the Tariff Act of 1930 (19
U.S.C. 1516 (d), (e), and (f)).
(7) Section 516 A (a)(2), (c), (d), and (e) of the Tariff Act
of 1930 (19 U.S.C. 1516a (a)(2), (c), (d), and (e)).
(8) Section 528 of the Tariff Act of 1930 (19 U.S.C. 1528).
(9) Section 308(9) of the Ethics in Government Act (28 U.S.C.
app.).
// 28 USC app. //
(10) Section 7443(d) of the Internal Revenue Code of 1954.
// 26 USC 7443. //
(11) Section 906 of title 44, United States Code.
Sec. 602. Section 103(h) of the Act of March 27, 1978 (92 Stat.
170; 16 U.S.C. 791(h)) // 16 USC 79l. // is amended by striking out
"section 250 of the Trade Act of 1974 (88 Stat. 2029)" and inserting in
lieu thereof "section 284 of the Trade Act of 1974, except that such
review shall be in the appropriate court of appeals of the United
States, and the judgment of such 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.".
Sec. 603. The first section of the Act entitled " An Act to provide
the name by which the Board of General Appraisers and members thereof
shall be known" approved May 28, 1926 (19 U.S.C. 405a), is repealed.
Sec. 604. Section 337(c) of the Tariff Act of 1930 (19 U.S.C. 1337(
c)) is amended--,
(1) by inserting "for review in accordance with chapter 7 of
title 5, United States Code"
// 5 USC 701 //
immediately before the period at the end of the fourth sentence;
and
(2) by striking out the last sentence and inserting in lieu
thereof the following new sentence: " Notwithstanding the
foregoing provisions of this subsection, Commission determinations
under subsections (d), (e), and (f) with respect to its findings
on the public health and welfare, competitive conditions in the
United States economy, the production of like or directly
competitive articles in the United States, and United States
consumers, the amount and nature of bond, or the appropriate
remedy shall be reviewable in accordance with section 706 of title
5, United States Code.".
Sec. 605. (a) Section 514(a)(4) of the Tariff Act of 1930 (19 U.S.
C. 1514(a)(4)) is amended to reas as follows:
"(4) the exclusion of merchandise from entry or delivery or a
demand for redelivery to customs custody under any provision of
the customs laws, except a determination appealable under section
337 of this Act;".
(b) Section 514(a) of the Tariff Act of 1930 (19 U.S.C. 1514(a)) is
further amended by striking out "section 2632 of title 28 of the United
States Code within the time prescribed by section 2631" and inserting in
lieu thereof "chapter 169 of title 28 of the United States Code within
the time prescribed by section 2636".
Sec. 606. Section 515(b) of the Tariff Act of 1930(19 U.S.C. 1515(
b)) is amended by striking out "section 1582" and inserting in lieu
thereof "section 1581".
Sec. 607. (a) Section 516(a) of the Tariff Act of 1930 // 19 USC
1516. // is amended--,
(1) by inserting "(1)" immediately before " The Secretary";
(2) by striking out "(as defined in section 771(9) (C), (D),
and (E)
of this Act)"; // 19 USC 1677. //
(3) by redesignating paragraphs (1), (2), and (3) as
subparagraphs (A), (B), and (C), respectively; and
(4) by inserting at the end thereof the following new
paragraph:
"(2) As used in this section, the term 'interested party' means a
person who is--,
"(A) a manufacturer, producer, or wholesaler in the United
States;
"(B) a certified union or recognized union or group of workers
which is representative of an industry engaged in the manufacture,
production, or wholesale in the United States; or
"(C) a trade or business association a majority of whose
members are manufacturers, producers, or wholesalers in the United
States,
of goods of the same class or kind as the designated imported
merchandise.".
(b) Section 516(d) of the Tariff Act of 1930 (19 U.S.C. 1516(d)) is
amended by striking out "section 2632" and inserting in lieu thereof
"chapter 169".
Sec. 608. (a) Section 516 A(a)(1) of the Tariff Act of 1930 (19 U.
S.C. 1516a(a)(1))
is amended
"(1) Review of certain determinations.--,
of
publication in the Federal Register of notice of--,
administering
authority, under section 303(a)(3), 702(c), or 732(c)
of this Act,
// 19 USC 1303, 1671a, 1673a. //
not to initiate an investigation,
//19 USC 1675. //
not
to review an agreement or a determination based upon
changed circumstances, or
// 19 USC 1671b, 1673b. //
as to whether
there is reasonable indication of material injury,
threat
of material injury, or material retardation,
an interested party who is a party to the proceeding in
connection with which the matter arises may commence an
action in the United States Court of International
Trade by
filing concurrently a summons and complaint, each with
the
content and in the form, manner, and style prescribed
by the
rules of that court, contesting any factual findings or
legal
conclusions upon which the determination is based.
case is
extraordinarily complicated, or
Trade by
filing concurrently a summons and complaint, each with
the
content and in the form, manner, and style prescribed
by the
rules of that court, contesting any factual findings or
legal
conclusions upon which the determination is based.".
(b) Section 516 A(a)(3) of the Tariff Act of 1930 (19 U.S.C. 1516a(
a)(3)) is amended by striking out "section 2632" and inserting in lieu
thereof "chapter 169".
(c) Section 516 A(c)(2) of the Tariff Act of 1930 (19 U.S.C. 1516a(
c)(2)) is amended by striking out the second sentence.
(d) The second sentence of section 516 A(d) of the Tariff Act of 1930
(19 U.S.C. 1516a(d)) is amended to read as follows: " The party filing
the action shall notify all such interested parties of the filing of an
action under this section, in the form, manner, style, and within the
time prescribed by rules of the court.".
Sec. 609. Section 592(e) of the Tariff Act of 1930 (19 U.S.C. 1592(
e)) is amended by striking out "(e) District Court Proceedings.-" and
all that follows through "under this section-" and inserting in lieu
thereof the following:
"(e) Court of International Trade Proceedings.-Notwithstanding any
other provision of law, in any proceeding commenced by the United States
in the Court of International Trade for the recovery of any monetary
penalty claimed under this section-".
Sec. 610. Section 604 of the Tariff Act of 1930 (19 U.S.C. 1604) is
amended--,
(1) by striking out "every United States district attorney" and
inserting in lieu thereof "the Attorney General of the United
States";
(2) by inserting "or the Court of International Trade"
immediately after "district court"; and
(3) by striking out "such district attorney" and inserting in
lieu thereof "the Attorney General".
Sec. 611. (a) The second sentence of the second paragraph of section
641(b) of the Tariff Act of 1930 (19 U.S.C. 1641(b)) is amended by
striking out "in the circuit court" and all that follows through "
District of Columbia" and inserting in lieu thereof "in the Court of
International Trade".
(b) Section 641(b) of the Tariff Act of 1930 (19 U.S.C. 1641(b)) is
amended by striking out the next to last sentence of the second
paragraph.
Sec. 612. Section 250 of the Trade Act of 1974 (19 U.S.C. 2322), and
the item relating to such section in the table of contents of such Act,
are repealed.
Sec. 613. (a) Title II of the Trade Act of 1974 (19 U.S.C. 2251 et
seq.) // 19 USC prec. // is amended by redesignating section 284 as
section 285 and by inserting immediately after section 283 the following
new section:
" Sec. 284. // 19 USC 2395. // JUDICIAL REVIEW.
"(a) A worker, group of workers, certified or recognized union, or
authorized representative of such worker or group aggrieved by a final
determination of the Secretary of Labor under section 223 of this title,
// 19 USC 2273. // a firm or its representative or any other interested
domestic party aggrieved by a final determination of the Secretary of
Commerce under section 251 of this title, // 19 USC 2341. // or a
community or any other interested domestic party aggrieved by a final
determination of the Secretary of Commerce under section 271 of this
title // 19 USC 2371. // may, within sixty days after notice of such
determination, commence a civil action in the United States Court of
International Trade for review of such determination. The clerk of such
court shall send a copy of the summons and the complaint in such action
to the Secretary of Labor or the Secretary of Commerce, as the case may
be. Upon receiving a copy of such summons and complaint, such Secretary
shall promptly certify and file in such court the record on which he
based such determination.
"(b) The findings of fact by the Secretary of Labor or the Secretary
of Commerce, as the case may be, if supported by substantial evidence,
shall be conclusive; but the court, for good cause shown, may remand
the case to such Secretary to take further evidence, and such Secretary
may thereupon make new or modified findings of fact and may modify his
previous action, and shall certify to the court the record of the
further proceedings. Such new or modified findings of fact shall
likewise be conclusive if supported by substantial evidence.
"(c) The Court of International Trade shall have jurisdiction to
affirm the action of the Secretary of Labor or the Secretary of
Commerce, as the case may be, or to set such action aside, in whole or
in part. The judgment of the Court of International Trade shall be
subject to review by the United States Court of Customs and Patent
Appeals as prescribed by the rules of such court. The judgment of the
Court of Customs and Patent Appeals shall be subject to review by the
Supreme Court of the United States upon certiorari as provided in
section 1256 of title 28.".
(b) The table of contents of the Trade Act of 1974 (19 U.S.C. 2101 et
seq.) is amended by striking out the item relating to section 284 and
inserting in lieu thereof the following new items:
" Sec. 284. Judicial review.
" Sec. 285. Effective date.".
Sec. 701. (a) Except as provided in subsection (b) of this section,
// 28 USC 251 // the provisions of and amendments made by this Act shall
take effect on November 1, 1980.
(b)(1) The following sections of title 28, United States Code, shall
apply with respect to civil actions commenced on or after the 90th day
after the effective date of this Act:
(A) Sections 1582, 2639(a)(2), and 2640(a)(6), as amended by
sections 201 and 301 of this Act.
(B) Sections 1352, 1355, and 1356, as amended by sections 506,
507, and 508 of this Act.
(2) Section 592(e) of the Tariff Act of 1930 // 19 USC 1592. // as
amended by section 609 of this Act, shall apply with respect to civil
actions commenced on or after 90th day after the effective date of this
Act.
Sec. 702. // 28 USC 251 // Any reference in any statute or regulation
of the United States to the United States Customs Court, the U.S.
Customs Court, or the Customs Court shall be deemed to be a reference to
the United States Court of International Trade.
Sec. 703. (a) Except as provided in subsection (b) of this section,
// 28 USC 251 // the amendments made by title I of this Act shall not
affect the status of any individual serving as judge or chief judge of
the Customs Court on the date of enactment of this Act.
(b) The requirement that a person may not continue to serve as chief
judge of the Court of International Trade after having reached the age
of seventy years, as set forth in the amendment made by section 101 of
this Act, shall apply to any individual serving as chief judge on or
after the date of enactment of this Act.
Sec. 704. Nothing in this Act // 28 USC 251 // shall cause the
dismissal of any action commenced prior to the date of enactment of this
Act under jurisdictional statutes relating to the Customs Court or the
Court of Customs and Patent Appeals as in effect immediately prior to
such date of enactment.
Sec. 705. Nothing in this Act // 28 USC 251 // affects the authority
of the Tennessee Valley Authority under the Tennessee Valley Authority
Act of 1933 // 16 USC 831. // to represent itself by attorneys of its
choosing.
Approved October 10, 1980.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 96 - 1235 accompanying H.R. 7540 (Comm. on the
Judiciary).
SENATE REPORT No. 96 - 466 (Comm. on the Judiciary).
CONGRESSIONAL RECORD:
Vol. 125 (1979): Dec. 18, considered and passed Senate.
Vol. 126 (1980): Sept. 22, H.R. 7540 considered and passed
House; passage vacated and S. 1654, amended, passed in lieu.
Sept. 24, Senate concurred in House amendment.
PUBLIC LAW 96-416, STAT, 1726
Day".
Whereas agriculture is this Nation's most basic industry, and its
associated production, processing, and marketing segments, together
provide more jobs than any other single industry; and
Whereas the productivity of American agriculture is a vital
ingredient in our strength as a Nation, both domestically and on the
world scene; and
Whereas to maintain a healthy agriculture it is necessary that all
Americans should understand how agriculture affects their lives and
well-being, and should be aware of their personal stake in an abundant
food and fiber supply: Now, therefore, be it
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That March 19, 1981, is hereby
proclaimed " National Agriculture Day", and the President is authorized
and requested to issue a proclamation calling upon the people of the
United States to observe this day with appropriate ceremonies and
activities.
Approved October 9, 1980.
LEGISLATIVE HISTORY:
CONGRESSIONAL RECORD, Vol. 126 (1980):
Sept. 17, considered and passed House.
Sept. 29, considered and passed Senate.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 16, No. 42:
Oct. 9, Presidential statement.
PUBLIC LAW 96-415, 94 STAT, 1725
Oklahoma, the " Carl Albert Indian
Health Facility".
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the Indian Health
Facility located at 1001 North Country Club Road, Ada, Oklahoma, shall
hereafter be known and designated as the " Carl Albert Indian Health
Facility".
Sec. 2. Any reference in law, map, regulation, document, record, or
other paper of the United States to such facility shall be held to be
reference to the " Carl Albert Indian Health Facility".
Approved October 9, 1980.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 96 - 1369 (Comm. on Interior and Insular Affairs).
SENATE REPORT No. 96 - 846 (Comm. on Indian Affairs).
CONGRESSIONAL RECORD, Vol. 126 (1980):
July 21, considered and passed Senate.
Sept. 30, considered and passed House.
PUBLIC LAW 96-414, 94 STAT, 1724
Observance of the Two Hundredth
Anniversary of the Surrender of Lord Cornwallis to
General George Washington
at Yorktown, Virginia."
Whereas October 19, 1981, is the two hundredth anniversary of the
surrender of Lord Cornwallis to General George Washington at Yorktown,
Virginia; and
Whereas such date marks the anniversary of the end of the heroic
struggle by our forefathers for political freedom and the ideals of
liberty upon which our institutions are founded; and
Whereas it is fitting that this historic event be commemorated in
such manner as to rekindle love of country and devotion to its
principles by recaling to this generation the trials and triumphs of the
past: Now, therefore, be it
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That October 19, 1981, is
proclaimed a Day of National Observance of the Two Hundredth Anniversary
of the Surrender of Lord Cornwallis to General George Washington at
Yorktown, Virginia, and the President is authorized and requested to
issue a proclamation calling upon the people of the United States to
observe such day with appropriate ceremonies and activities.
Approved October 9, 1980.
LEGISLATIVE HISTORY:
CONGRESSIONAL RECORD, Vol. 125 (1980):
May 30, considered and passed House.
Sept 30, considered and passed Senate.
PUBLIC LAW 96-413, 94 STAT, 1723
Pittsburgh, Pennsylvania, as the
" William S. Moorhead Federal Building".
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the United States
Federal Building located at 1000 Liberty Avenue, Pittsburgh,
Pennsylvania, shall hereafter be known and designated as the " William
S. Moorhead Federal Building". Any reference in any law, map,
regulation, document, record, or other paper of the United States to
that building shall be held and considered to be a reference to the "
William S. Moorhead Federal Building".
Sec.2. This Act shall take effect January 15, 1981.
Approved October 9, 1980.
LEGISLATIVE HISTORY:
CONGRESSIONAL RECORD, Vol. 126 (1980):
Sept. 24, considered and passed House.
Sept. 30, considered and passed Senate.
PUBLIC LAW 96-412, 94 STAT, 1722
Cincinnati, Ohio, the " Andrew W. Breidenbach
Environmental Research Center".
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the Environmental
Research Center, located at 26 West Saint Clair Street, Cincinnati,
Ohio, shall hereafter be known and designated as the " Andrew W.
Breidenbach Environmental Research Center". Any reference in any law,
map, regulation, document, record, or other paper of the United States
to such building shall be held to be a reference to the Andrew W.
Breidenbach Environmental Research Center.
Approved October 9, 1980.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 96 - 1351 (Comm. on Public Works and
Transportation).
CONGRESSIONAL RECORD, Vol. 126 (1980):
Sept 23, considered and passed house.
Sept 26, considered and passed Senate.
PUBLIC LAW 96-411, 94 STAT, 1721
Courthouse Building in Concord.
New Hampshire, as the " James C. Cleveland Federal
Building".
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the United States
Post Office and Courthouse Building located at 55 Pleasant Street,
Concord, New Hampshire, shall hereafter be known and designated as the "
James C. Cleveland Federal Building". Any reference in any law, map,
regulation, document, record, or other paper of the United States to
that building shall be held and considered to be a reference to the "
James C. Cleveland Federal Building".
Sec. 2. This Act shall take effect January 15, 1981.
Approved October 9, 1980.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 96 - 1339 (Comm. on Public Works and
Transportation).
CONGRESSIONAL RECORD, Vol. 126 (1980):
Sept. 24, considered and passed House.
Sept. 30, considered and passed Senate.
PUBLIC LAW 96-410, 94 STAT, 1720
New Haven, Connecticut, as the
" Robert N. Giaimo Federal Building".
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the building at 150
Court Street, New Haven, Connecticut (commonly known as the Federal
Building), shall hereafter be known, called, and designated as the "
Robert N. Giaimo Federal Building". Any reference in any law, map,
regulation, document, record, or other paper of the United States to
such building shall be deemed to be a refernce to the Robert N. Giaimo
Federal Building.
Sec.2. This Act shall be effective on January 4, 1981.
Approved October 9, 1980.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 96 - 1333 (Comm. on Public Works and
Transportation).
CONGRESSIONAL RECORD, Vol. 126 (1980):
Sept. 23, considered and passed House.
Sept. 26, considered and passed Senate, amended.
Sept. 30, House concurred in Senate amendment.
PUBLIC LAW 96-409, 94 STAT, 1719
the " Edith Green Federal
Building".
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the Federal
building, 1220 Southwest Third Avenue, Portland, Oregon, is hereby
designated the " Edith Green-Wendell Wyatt Federal Building".
Sec. 29 Any reference in any law, map, regulation, document, record,
or other paper of the United States to such building shall be deemed to
be a reference to the " Edith Green-Wendell Wyatt Federal Building".
Approved October 9, 1980.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 96 - 1172 (Comm. on Public Works and Transportion).
CONGRESSIONAL RECORD, Vol. 126 (1980):
Aug. 18, considered and passed House.
Sept. 23, considered and passed Senate, amended.
Sept. 30, House concurred in Senate amendments.
PUBLIC LAW 96-408, 94 STAT, 1718
House and Federal Building
in Syracuse, New York, as the " James M. Hanley
Federal Building".
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the building at 100
Clinton Street, Syracuse, New York (commonly known as the United States
Court and Federal Building), shall hereafter be known, called, and
designated as the " James M. Hanley Federal Building". Any reference in
any law, map, regulation, document, record, or other paper of the United
States to such building shall be deemed to be a reference to the " James
M. Hanley Federal Building".
Sec. 2. This shall be effective on January 4, 1981.
Approved October 9, 1980.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 96 - 1171 (Comm. on Public Works and
Transportation).
CONGRESSIONAL RECORD, Vol. 126 (1980):
Aug. 18, considered and passed House.
Sept. 26, considered and passed Senate, amended.
Sept. 30, House concurred in Senate amendment.
PUBLIC LAW 96-407, 94 STAT, 1717
A. Ryan to accept the office and
title of Honorary Consul of Honduras.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That pursuant to article
I, section 9, clause 8 of the Constitution of the United States, the
Congress hereby grants consent to Hewson A. Ryan, of Winchester,
Massachusetts, a former Service Information Officer of the United
States, to accept the office and title of Honorary Consul of Honduras.
Approved October 9, 1980.
LEGISLATIVE HISTORY:
SENATE REPORT No. 96 - 988 (Comm. on Foreign Relations).
CONGRESSIONAL RECORD:
Vol. 125 (1979): July 16, considered and passed House.
Vol. 126 (1980): Sept. 30, considered and passed Senate.
PUBLIC LAW 96-406, 94 STAT, 1715
amended, to certain lands
in order that they may become parts of the Umatilla
and Wallowa National
Forests, and for other purposes.
Be it enacted by the Senate of Representatives of the United States
of America in Congress assembled, That the provisions of the Act of
March 20, 1922 (42 Stat. 465, as amended) // 16 USC 485 // are hereby
extended to the following described lands: Willamette meridian--,
township 3 north, range 36 east, section 13, that part of the east half
of the southeast quarter and of the south half of the southwest quarter
of the southease quarter lying south of the Umatilla River; section 21,
that part of lot 3 lying south of the Umatilla River, lot 4 and
southeast quarter of the southeast quarter; section 22, those parts of
lots 9, 10, 11, and 12 lying south of the Umatilla River, lots 13, 14,
15, and 46; section 23, that part of the north half and the north half
of the southwest quarter lying south of the Umatilla River, and
southwest quarter of the southwest quarter, and north half of the
southeast quarter; section 24, that part of lots 3 and 4 lying south of
the Umatilla River, lots 5 and 6; section 28, lots 1 and 2, east half
of the northeast quarter.
Township 2 north, range 41 east,
section 26;
section 35, east half;
section 36.
Township 5 south, range 32 east,
section 29, southwest quarter of the southeast quarter.
Sect. 2. Lands conveyed to the United States under section 1 of this
Act // 16 USC 485 // shall, upon acceptance of title, become parts of
the Umatilla and Wallowa National Forests and shall be subject to the
laws, rules, and regulations applicble thereto.
Sec. 3. The Act of March 4,1925 (43 Stat. 1279), // 16 USC 486a-486w
// is hereby amended to exclude the following described lands:
Township 4 north, range 41 east,
section 9 east half, northwest quarter of the northwest
quarter, south half of the northwest quarter and the southwest
quarter;
sections 10 to 17 inclusive;
sections 20 to 29 inclusive;
section 32, east half and east of the west half; sections 33,
34, 35, and 36.
Township 4 north, range 42 east,
sections 19 to 36 inclusive.
Township 3 north, range 40 east,
secctions 13, 24, 25, and 36.
Township 3 north, range 41 east.
Township 3 north, range 42 east.
Township 2 north, range 40 east,
section 1, north half.
Township 2 north, range 41 east,
sections 1 to 17 inclusive.
Township 2 north, range 42 east,
sections 1 to 13 inclusive.
Township 3 south, range 37 east,
sections 28, 29, and 30.
Township 3 south, range 45 east,
sections 13, 14, and 15.
Township 3 south, range 46 east,
section 18.
Township 4 south , range 38 east,
section 26.
Sec. 4. The Act of June 19, 1936 (49 Stat. 1534), // 16 USC
486a-486w. // is hereby amended to exclude the following describe
lands:
Township 3 south, range 37 east,
sections 1, 2, 3, 4, 5, the west half, the south half southeast
quarter, the north half northeast quarter, and the southeast
quarter northeast quarter section 7; the east half, the northwest
quarter, the east half southwest quarter, and the southwest
quarter southwest quarter section 8, sections 9 to 24 inclusive,
and sections 29 and 30.
Sec. 5. The Act of June 17, 1940 (54 Stat. 402), // 16 USC 486a-486w
// is hereby amended to exclude the following described lands:
Township 1 south, range 39 east,
section 12, south half.
Township 1 south, range 40 east,
sections 3, 4, and 5;
section 6, south half;
sections 7, 8, 9, and 10.
Township 4 south, range 38 east,
sections 11, 14, and 23.
Township 6 south, range 38 east,
sections 17, 20, 29, and 32.
Approved October 9, 1980.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 96 - 1354 (Comm. on Interior and Insular Affairs).
SENATE REPORT No. 96 - 669 (Comm. on Energy and Natural Resources).
CONGRESSIONAL RECORD, Vol. 126 (1980):
May 5, considered and passed Senate.
Sept. 29, considered and passed House.
PUBLIC LAW 96-405, 94 STAT, 1713
file in the Court of Claims
any claims against the United States for damages for
delay in payment for lands
claimed to be taken in violation of the United States
Constitution, 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. Notwithstanding sections 2401 and 2501 of title 28,
United States Code, and section 12 of the Indian Claims Commission Act
of August 13, 1946 (60 Stat. 1052; 25 U.S.C. 70k), and notwithstanding
the lapse of time, statutes of limitations, or the defense of res
judicata or collateral estoppel, or any other provisions of law,
jurisdiction is hereby conferred upon the Court of Claims to hear,
determine, and render judgment on any claim filed by the Blackfeet and
Gros Ventre Tribes within one year from the date of this Act for
thetaking under the fifth amendment of the Constitution of the twelve
million two hundred and sixty-one thousand seven hundred forty-nine and
seventy-six one-hundredths acres of land defined as the territory of the
Blackfeet and Gros Ventre Tribes in the Treaty of October 17, 1855 (11
Stat. 657) to which the Blackfeet and Gros Ventre Tribes and the United
States were parties, being the same land determined by the Court of
Claims to have an average value of 50 cents per acre for a total of
$6,130,874.88 in Blackfeet and other Nations versus United States (81
Ct. Cl 101) (1935) (hereinafter "prior case"): Provided, That the value
of the land fixed at an average of 50 cents per acre in the prior case
shall be binding on the parties in any suit brought under this Act.
Sec. 2. If the Court of Claims determines that the claimant is
entitled to just compensation under the fifth amendment, the Court shall
enter an award computed on the basis of established judicial precedent:
Provided, however, That as a measure of just compensation the Court
shall compute interest at the rate of 5 per centum per annum. No
offsets, including gratuities, subsequent to the terminal date of the
accounting in the prior case shall be allowed or deducted from any
judgment entered under authority of this Act, except that the United
States shall be entitled to an offset, against any judgment entered
under authority of this Act, of the sum of money, if any, awarded as a
judgment in the prior case.
Sec. 3. The provisions of section 15 of the Act of August 13, 1946
(60 Stat. 1053; 25 U.S.C. 70n) shall be applicable with respect to any
claim filed pursuant to this Act in the same manner and to the same
extent as if such claim were pending before the Indian Claims Commission
except that the functions of the Commission shall be performed by the
Court of Claims.
Sec. 4. The provisions of the Act of November 4, 1963 (77 Stat.
301; 25 U.S.C. 70n-1 - 7), // 25 USC 70n-1 - 70n-7. // shall be
applicable with respect to any claim filed pursuant to this Act in the
same manner and to the same extent as if such claim were pending before
the Indian Claims Commission except that reference to the Commission
shall be deemed to be to the Court of Claims.
Approved October 9, 1980.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 96 - 1357 (Comm. on Interior and Insular Affairs).
SENATE REPORT No. 96 - 834 (Comms. on Indian Affairs and the
Judiciary).
CONGRESSIONAL RECORD, Vol. 126 (1980):
July 21, considered and passed Senate.
Sept. 29, considered and passed House.
PUBLIC LAW 96-404, 94 STAT, 1711
Berthold Reservation to file in
the Court of Claims against the United States for
damages for delay in
payment for lands claimed to be taken in violation of
the United States Constitution,
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. Notwithstanding sections 2401 and 2501 of title 28,
United States Code, and section 12 of the Indian Claims Commission Act
of August 13, 1946 (60 Stat. 1052; 25 U.S.C. 70k), and notwithstanding
the lapse of time, statutes of limitations, or the defense of res
judicata or collateral estoppel, or any other provisions of law,
jurisdiction is hereby conferred upon the Court of Claims to hear,
determine, and render judgment on any claim filed by the Three
Affiliated Tribes of the Fort Berthold Reservation within one year from
the date of this Act for the taking under the fifth amendment of the
constitution of the nine million eight hundred and forty-six thousand
one hundred eighty-six and ninety-three one-hundredths acres of land
defined as the territory of the Three Affiliated Tribes in the Treaty of
Fort Laramie of September 17, 1851 (11 Stat. 749), to which the Three
Affiliated Tribes of the Fort Berthold Reservation and the United States
were parties, being the same land determined by the Court of Claims to
have an average value of 50 cents per acre for a total of $4,923,093.47
in Fort Berthold Indians versus United States (71 Ct. Cl. 308) (1930)
(hereinafter "prior case"): Provided, That the value of the land fixed
at an average of 50 cents per acre in the prior case shall be binding on
the parties in any suit brought under this Act.
Sec. 2. If the Court of Claims determines that the claimant is
entitled to just compensation under the fifth amendment, the Court shall
enter an award computed on the basis of established judicial precedent:
Provided, however, That as a measure of just compensation the Court
shall compute interest at the rate of 5 per centum per annum. No
offsets, including gratuties, subsequent to the terminal date of the
accounting in the prior case shall be allowed or deducted from any
judgment entered under authority of this Act, except that the United
States shall be entitled to an offset, against any judgment entered
under authority of this Act, of the sum of money, if any, awarded as a
judgment in the prior case.
Sec. 3. The provisions of section 15 of the Act of August 13, 1946
(60 State. 1053; 25 U.S.C. 70n) shall be applicable with respect to any
claim filed pursuant to this Act in the same manner and to the same
extent as if such claim were pending before the Indian Claims Commission
except that the functions of the Commission shall be performed by the
Court of Claims.
Sec. 4. The provisions of the Act of November 4, 1963 (77 Stat.
301; 25 U.S.C. 70n-1 - 7), // 25 USC 70n-1 - 70n-7. // shall be
applicable with respect to any claim filed pursuant to this Act in the
same manner and to the same extent as if such claim were pending before
the Indian Claims Commission except that reference to the Commission
shall be deemed to be to the Court of Claims.
Approved October 9, 1980.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 96 - 1356 (Comm. on Interior and Insular Affairs).
SENATE REPORT No. 96 - 833 (Comms. on Indian Affairs and the
Judiciary).
CONGRESSIONAL RECORD, Vol. 126 (1980):
July 21, considered and passed Senate.
Sept 29, considered and passed House.
PUBLIC LAW 96-403, 94 STAT, 1709
necessary adjustments in the
allocation of social security tax receipts between the
Federal Old-Age and Survivors
Insurance Trust Fund and the Federal Disability
Insurance Trust Fund.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That (a) section 201(
b)(1) of the Social Security Act // 42 USC 401. // is amended by
striking out clauses (H) through (K) and inserting in lieu thereof the
following: "(H) 1.50 per centum of the wages (as so defined) paid after
December 31, 1978, and before January 1, 1980, and so reported, (I) 1.12
per centum of the wages (as so defined) paid after December 31, 1979,
and before January 1, 1981, and so reported, (J) 1.30 per centum of the
wages (as so defined) paid after December 31, 1980, and before January
1, 1982, and so reported, (K) 1.65 per centum of the wages (as so
defined) paid after December 31, 1981, and before January 1, 1985, and
so reported, (L) 1.90 per centum of the wages (as so defined) paid after
December 31, 1984, and before January 1, 1990, and so reported, and (M)
2.20 per centum of the wages (as so defined) paid after December 31,
1989, and so reported,".
(b) Section 201(b)(2) of such Act is amended by striking out clauses
(H) through (K) and inserting in lieu thereof the following: "(H)
1.0400 per centum of the amount of self-employment income (as so
defined) so reported for any taxable year beginning after December 31,
1978, and before January 1, 1980, (I) 0.7775 per centum of the amount of
self-employment income (as so defined) so reported for any taxable year
beginning after December 31, 1979, and before January 1, 1981, (J)
0.9750 per centum of the amount of self-employment income (as so
defined) so reported for any taxable year beginning after December 31,
1980, and before January 1, 1982, (K) 1.2375 per centum of the amount of
self-employment income (as so defined) so reported for any taxable year
beginning after December 31, 1981, and before January 1, 1985, (L)
1.4250 per centum of the amount of self-employment income (as so
defined) so reported for any taxable year beginning after December 31,
1984, and before January 1, 1990, and (M) 1.6500 per centum of the
amount of self-employment income (as so defined) so reported for any
taxable year beginning after December 31, 1989,".
Sec. 2. The amendments made by the first section of this Act // 42
USC 401 // shall apply with respect to remuneration paid, and taxable
years beginning, after December 31, 1979.
Approved October 9, 1980.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 96 - 1148 (Comm. on Ways and Means).
SENATE REPORT No. 96 - 946 (Comm. on Finance).
CONGRESSIONAL RECORD, Vol. 126 (1980):
July 21, considered and passed House.
Sept. 25, considered and passed Senate.
PUBLIC LAW 96-402, 94 STAT, 1705, UNIFORMED SERVICES SURVIVOR
BENEFITS AMENDMENTS OF 1980
certain inequities in the Survivor
Benefit Plan provided for under chapter 73 of such
title, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That this Act // 10 USC
1447. // may be cited as the " Uniformed Services Survivor Benefits
Amendments of 1980".
Sec.2. Section 1447(2) of title 10, United States Code, relating to
definitions, is amended--,
(1) in subparagraph (C)--,
in lieu thereof a period; and
(2) by striking out "as increased from time to time under
section 1401a of this title.".
Sec. 3. (a) Subsection (a) of section 1451 of title 10, United States
Code, relating to the amount of annuities under the Survivor Benefit
Plan, is amended to read as follows:
"(a)(1) The monthly annuity payable to a widow, widower, or dependent
child who is entitle under section 1450(a) of this title // 10 USC 1450.
// to an annuity shall be--,
"(A) 55 percent of the base amount, as adjusted from time to
time under section 1401a of this title,
// 10 USC 1401a. //
if the annuity is provided by virtue of eligibility under section
1448(a)(1)(A) of this title;
// 10 USC 1448. //
or
"(B) a lesser percentage (determined by the Secretary of
Defense in accordance with subsection (d)) of the base amount, as
adjusted from time to time under section 1401a of this title on or
after the date the person becomes entitled to retired pay under
chapter 67 of this title,
// 10 USC 1331. //
if the annuity is provided by virtue of eligibility under section
1448(a)(1)(B) of this title.
"(2) In the case of a widow who has one dependent child, the monthly
annuity shall be reduced by the lesser of(A) an amount equal to the
amount of the mother's benefit, if any, to which the widow would be
entitled under title II of the Social Security Act (42 U.S.C. 401 et
seq.) based solely upon service by the person concerned as described in
section 210(1)(1) of such Act (42 U.S.C. 410(1)(1)) and calculated
assuming that the person concerned lived to age 65, or (B) an amount
equal to 40 percent of the amount of the monthly annuity as determined
under paragraph (1).
"(3) When the widow or widower reaches age 62, or there is no longer
a dependent child, whichever occurs later, the monthly annuity shall be
reduced by the lesser of (A) an amount equal to the amount of the
survivor benefit, if any, to which the widow or widower would be
entitled under title II of the Social Security Act (42 U.S.C. 401 et
seq.) based solely upon service by the person concerned as described in
section 210(1)(1) of such Act (42 U.S.C. 410(1)(1)) and calculated
assuming that the person concerned lives to age 65, or (B) an amount
equal to 40 percent of the amount of the monthly annuity as determined
under paragraph (1). For the purpose of the preceding sentence, a widow
or widower shall not be considered as entitled to a benefit under title
II of the Social Security Act (42 U.S.C. 401 et seq.) to the extent that
such benefit has been offset by deductions under section 203 of such Act
(42 U.S.C. 403) on account of work.
"(4) In the computation of any reduction made under paragraph (2) or
(3), there shall be excluded any period of service described in section
210(1)(1) of the Social Security Act (42 U.S.C. 410(1)(1)) which was
performed after the effective date of the Uniformed Services Survivor
Benefits Amendments of 1980 and which involved periods of service of
less than 30 continous days for which the person concerned is entitled
to receive a refund under section 6413(c) of the Internal Revenue Code
of 1954 // 26 USC 6413. // of the social security tax which he had
paid.".
(b) Subsection (c) of such section is amended--,
(1) by striking out "section, or section 1448(d) of this title,
on the day before the effective day of that increase" in the first
sentence and inserting in lieu thereof "section or under section
1448(d) of this title";
// 10 USC 1448. //
and
(2) by striking out "title, or" in the second sentence and
inserting in lieu thereof "title or under".
(c) Subsection (d) of such section is amended by striking out "(a)(
2)" and inserting in lieu thereof "(a)(1)(B)".
Sec. 4. Section 1452 of title 10, United States Code, relating to
reductions in retired and retainer pay, is amended by adding at the end
thereof the following new subsections:
"(g)(1) Notwithstanding any other provision of this subchapter but
subject to paragraphs (2) and (3), any person who has elected to
participate in the Plan and who is suffering from a service-connected
disability raed by the Veterans' Administration as totally disabling and
has suffered from such disability while so rated for a continuous period
of 10 or more years (or, if so rated for a lesser period, has suffered
from such disability while so rated for a continuous period of not less
than 5 years from the date of such person's last discharge or release
from active duty) may discontinue participation in the Plan by
submitting to the Secretary concerned a request to discontinue
participation in the Plan. Any such person's participation in the Plan
shall be discontinued effective on the first day of the first month
following the month in which a request under this paragraph is received
by the Secretary concerned. Effective on such date, the Secretary
concerned shall discontinue the reduction being made in such person's
retired or retainer pay on account of participation in the Plan or, in
the case of a person who has been required to make deposits in the
Treasury on account of participation in the Plan, such person may
discontinue making such deposits effective on such date. Any request
under this paragraph to discontinue participation in the Plan shall be
in such form and shall contain such information as the Secretary
concerned may require by regulation.
"(2) A person described in paragraph (1) may not discontinue
participation in the Plan under such paragraph without the written
consent of the beneficiary or beneficiaries of such person under the
Plan.
"(3) The Secretary concerned shall furnish promptly to each person
who files a request under paragraph (1) to discontinue participation in
the Plan a written statement of the advantages of participating in the
Plan and the possible disadvantages of discontinuing participation. A
person may withdraw a request made under paragraph (1) if it is
withdrawn within 30 days after having been submitted to the Secretary
concerned.
"(4) Upon the death of any person described in paragraph (1) who has
discontinued participation in the Plan in accordance with this
subsection, any amounts deducted from the retired or retainer pay of the
deceased under section 1452 of this title shall be refunded to the widow
or widower.
"(5) Any person described in paragraph (1) who has discontinued
participation in the Plan may again elect to participate in the Plan if
(A) at any time after having discontinued participation in the Plan the
Veterans' Administration reduces such person's service-connected
disability rating to less than total, and (B) such person applies to the
Secretary concerned, within such period of time after the reduction in
such person's service-connected disability rating has been made as the
Secretary concerned may prescribe, to again participate in the Plan and
includes in such application such information as the Secretary concerned
may require. Such person's participation in the Plan under this
paragraph is effective beginning on the first day of the month after the
month in which the Secretary concerned receives the application for
resumption of participation in the Plan, and the Secretary concerned
shall begin making reductions in such person's retired or retainer pay,
or require such person to make deposits in the Treasury under subsection
(d), as appropriate, effective on such day.
"(h) Whenever retired and retainer pay is increased under section
1401a of this title, the amount of the reduction to be made under
subsection (a) or (b) in the retired or retainer pay of any person shall
be increased at the same time and by the same percentage as such retired
or retainer pay is increased under section 1401a of this title.".
Sec. 5. (a)(1) The Secretary concerned shall pay an annuity to any
individual who is the surviving spouse of a member of the uniformed
services who--,
(A) died before September 21, 1972;
(B) was serving on active duty in the uniformed services at the
time of his death and had served on active duty for a period of
not less than 20 years; and
(C) was at the time of his death entitled to retired or
retainer pay or would have been entitled to that pay except that
he had not applied for or been granted that pay.
(2) An annuity under paragraph (1) shall be paid under the provisions
of subchapter II of chapter 73 of title 10, United States Code, // 10
USC 1447. // in the same manner as if such member had died on or after
September 21, 1972.
(b)(1) The amount of retired or retainer pay to be used as the basis
for the computation of an annuity under subsection (a) is the amount of
the retired or retainer pay to which the member would have been entitled
if the member had been entitled to that pay based upon his years of
active service when he died, adjusted by the overall percentage increase
in retired and retainer pay under section 1401a of title 10, United
States Code (or any prior comparable provision of law), during the
period beginning on the date of the member's death and ending on the day
before the effective date of this section.
(2) In addition to any reduction required under the provisions of
subchapter II of chapter 73 of title 10, United States Code, the annuity
paid to any surviving spouse under this section shall be reduced by any
amount such surviving spouse is entitled to receive as annuity under
subchapter I of such chapter. // 10 USC 1431. //
(c) If an individual entitled to an annuity under this section is
also entitled to an annuity under subchapter II of chapter 73 of title
10, United States Code, // 10 USC 1447. // based upon a subsequent
marriage, the individual may not receive both annuities but must elect
which to receive.
(d) As used in this section:
(1) The term "uniformed services" means the Armed Forces and
the commissioned corps of the Public Health Service and of the
National Oceanic and Atmospheric Administration.
(2) The term "surviving spouse" has the meaning given the terms
"widow" and "widower" in section 1447 of title 10, United States
Code.
(3) The term " Secretary concerned" has the meaning given such
term in section 101(8) of title 10, United States Code, and
includes the Secretary of Commerce, with respect to matters
concerning the National Oceanic and Atmospheric Administration,
and the Secretary of Health and Human Services, with respect to
matters concerning the Public Health Service.
Sec. 6. Section 4 of the Act entitled " An Act to amend chapter 73
of title 10, United States Code, // 10 USC 1431. // to establish a
Survivor Benefit Plan, and for other purposes", approved September 21,
1972 (10 U.S.C. 1448 note), is amended--,
(1) by striking out "section 9(b) of the Veterans' Pension Act
of 1959 (73 Stat. 436)" in subsection (a)(2) and inserting in lieu
thereof "section 306 of the Veterans' and Survivors' Pension
Improvement Act of 1978";
// 38 USC 521 //
(2) by striking out "in the limitation on annual income for
purposes of eligibility for benefits under section 541(b) of title
38, United States Code" in the first sentence of subsection (c)
and inserting in lieu thereof "under section 3112 of title 38,
United States Code, in the maximum annual rate of pension under
section 541(b) of such title";
// 38 USC 541. //
and
(3) by striking out "limitation on annual income" inthe second
sentence of subsection (c) and inserting in lieu thereof "the
maximum annual rate of pension".
Se. 7. The amendments made by sections 2, 3, and 4 of this Act // 10
USC 1447 // and the provisions of section 5 of this Act shall be
effective on the first day of the second calendar month following the
month in which this Act is enacted and shall apply to annuities payable
by virtue of such amendments and provisions for months beginning on or
after such date. No benefits shall accrue to any person by virtue of
the enactment of this Act for any period before the date of the
enactment of this Act.
Approved October 9, 1980.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 96 - 1315 (Comm. on Armed Services).
SENATE REPORT No. 96 - 748 (Comm. on Armed Services).
CONGRESSIONAL RECORD, Vol. 126 (1980):
May 28, considered and passed Senate.
Sept. 22, considered and passed House, amended.
Sept. 29. Senate concurred in House amendments.
PUBLIC LAW 96-401, 94 STAT, 1701
the Interior and the Northern
Cheyenne Indian Reservation.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the Congress finds
that--,
(1) certain mineral leases and prospecting permits entered into
between the Northern Cheyenne Tribal Council and private parties
in 1969, 1970, and 1971, presently encumber approximately 56 per
centum of the lands within the boundaries of the Northern Cheyenne
Indian Reservation;
(2) due to the likilihood of permanent and large-scale physical
and social disruption of their tribal community that would result
from development under such leases and permits, the Northern
Cheyenne Indian Tribe has been and continues to be opposed to any
development under these leases and permits;
(3) although such leases and permits were approved by
representatives of the Secretary of the Interior, there are
serious questions whether such approval is lawful and consistent
with the trust responsibility of the Secretary of the Interior to
"act in the best interests" of Indian tribes and individuals;
(4) the present impasse with regard to such leases and permits,
unless resolved, can only result in expensive and time-consuming
litigation that does not hold out the likelihood of a satisfactory
solution that would be fair to all parties; and
(5) cancellation of such leases and permits, and providing a
fair remedy to any party or parties whose property interest,
invested in good faith, would be adversely affected by such
cancellation, appears to be the most direct and effective manner
within which to resolve this impasse.
Sec. 2. For the purpose of entering into a cancellation agreement
under section 3 of this Act, the Secretary of the Interior (hereinafter
referred to as the " Secretary") is authorized and directed to negotiate
with the Northern Cheyenne Tribe and each party holding a lease, permit,
or right to a lease issue under the provisions of the Act of May 11,
1938 (52 Stat. 347; 25 U.S.C. 396a), as follows:
Sec. 3. (a) With respect to any lease, permit, or right to a lease
referred to in section 2 of this Act, the Secretary is authorized to
execute a cancellation agreement under which the Secretary, the Northern
Cheyenne Tribe, and the party holding such lease, permit, or right to a
lease agree in writing that such lease, permit, or right to a lease is
canceled and under which such party shall be issued:
(1) a noncompetitive lease or leases for such federally owned
coal deposits which for the foreseeable future are unlikely to be
separately mined efficiently or economically except by
incorporation into an existig mining unit controlled by such
party, and for the surface of public lands containing such
deposits, as may be agreed upon by the Secretary and such party.
Such lease or leases shall be issued at the fair market value
provided for in subsection (c) of this section only after a
determination by the Secretary that such deposits and lands are
acceptable for further consideration for coal leasing: Provided,
That such cancellation agreement shall also provide that if, after
further consideration, the Secretary determines that all or any
part of such deposits or lands are not acceptable for coal
leasing, such party shall be issued a certificate of bidding
rights that may be used to acquire Federal coal leases at
competitive sales. Such bidding rights shall have a value equal
to the amount of the actual cash investment, plus interest on such
investment compounded at a rate not to exceed 7 per centum per
annum, made by the party involved in connection with the lease,
permit, or right to a lease to be canceled under such cancellation
agreement, multiplied by the percentage of the otherwise
recoverable tonnage of any coal deposits for which the party does
not, by reason of such determination
by the Secretary, receive a lease under this subsection; or,
(2) a certificate of bidding rights that may be used to acquire
Federal coal leases at competitive sales. Such bidding rights
shall have a value equal to the amount of the actual cash
investment, plus interest on such investment compounded at a rate
not to exceed 7 per centum per annum, made by the party involved
in connection with the lease, permit, or right to a lease to be
canceled under such cancellation agreement.
(b) A determination by the Secretary under subsection (a)(1) of this
section shall be final.
(c) Any noncompetitive lease issued under subsection (a)(1) of this
section shall be valued at a sum equal to fair market value, as
determined by the Seccretary. Any bonus due may be reduced by an amount
equal to so much of the investment and interst on such investment,
compounded at a rate not to exceed 7 per centum per annum, made by the
party involved in connecction with the lease, permit, or right to a
lease, to be canceled under this section as the Secretary may consider
appropriate.
(d) Any lease issued under subsection (a)(1) of this section shall,
except as provided in this Act, be issued under, and be subject to the
provisions of the Mineral Leasing Act of 1920, as amended (30 U.S.C.
181 et seq.), and the Surface Mining Control and Reclamation Act of 1977
(30 U.S.C. 1201 et seq.).
Sec. 4. (a) With respect to any lease referred to in section 2 of
this Act, any cancellation agreement entered into pursuant to section 3
of this Act shall be valid only if executed in writing, before November
1, 1980, by the Secretary, the Northern Cheyenne Tribe, and the party
holding the lease. If such cancellation agreement is not so executed,
such lease shall be canceled on November 1, 1980.
(b) With respect to any permit or right to a lease referred to in
section 2 of this Act, any cancellation agreement entered into pursuant
to section 3 of this Act shall be valid only if executed in writing, on
or before January 1, 1982, by the Secretary, the Northern Cheyenne
Tribe, and the party holding the permit or right to a lease. If such
cancellation agreement is not so executed, such permit or right to a
lease shall be canceled upon the expiration of a period ending ninety
days after any date on which the Secretary, the Northern Cheyenne Tribe,
and such party agree in writing that negotiations under section 2 of
this Act are at an impasse, or on January 1, 1982, whichever occurs
first.
(c) If any lease, permit, or right to a lease is canceled under
subsetion (a) or (b) of this section, the United States Court of Claims
shall have jurisdiction to render judgment on any claim against the
United States arising out of such cancellation.
Sec. 5. (a) Execution of any cancellation agreement under section 3
of this Act shall extinguish any claim or liability that may otherwise
arise in connection with the lease, permit, or right to a lease canceled
under such agreement.
(b) With respect to any lease, permit, or right to a lease canceled
under section 4 of this Act, nothing in this Act shall establish or
extinguish any claim or liability that may arise in connection with such
lease, permit, or right to a lease so canceled.
Sec. 6. Not later than March 1, 1982, the Secretary shall report to
the Congress on the implementation of this Act.
Approved October 9, 1980.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 96 - 1370 (Comm. on Interior and Insular Affairs).
SENATE REPORT No. 96 - 883 (Comm. on Indian Affairs).
CONGRESSIONAL RECORD, Vol. 126 (1980):
Aug. 18, considered and passed Senate.
Sept. 29, considered and passed House.
PUBLIC LAW 96-400, 94 STAT, 1681, DEPARTMENT OF TRANSPORTATION AND
RELATED AGENCIES APPROPRIATION ACT, 1981
Transportation and related agencies
for the fiscal year ending September 30, 1981, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the following sums
are appropriated, out of any money in the Treasury not otherwise
appropriated, for the Department of Transportation and related agencies
for the fiscal year ending September 30, 1981, and for other purposes,
namely:
For necessary expenses of the Office of the Secretary of
Transportation, including not to exceed $27,000 for allocation within
the Department of official reception and representation expenses as the
Secretary may determine, $35,680,000.
For necessary expenses for conducting transportation planning,
research, and development activities, including the collection of
national transportation statistics, to remain available until expended,
$10,788,699.
Necessary expenses for operating costs and capital outlays of the
Department of Transportation Working Capital Fund not to exceed
$56,843,000 shall be paid, in accordance with law, from appropriations
made available by this Act and prior appropriation Acts to the
Department of Transportation together with advances and reimbursements
received by the Department of Transportation.
For necessary expenses for the operation and maintenance of the Coast
Guard, not otherwise provided for; purchase of not to exceed eight
passenger motor vehicles, seven for replacement and one new passenger
motor vehicle (ambulance); and recreation and welfare, $1,193,112,000
of which $233,935 shall be applied to Capehart Housing debt reduction:
// 14 USC 92 // Provided, That the number of aircraft on hand at any one
time shall not exceed one hundred and eighty exclusive of planes and
parts stored to meet future attrition: Provided further, That none of
the funds appropriated in this or any other Act shall be available for
pay or administrative expenses in connection with shipping commissioners
in the United States: Provided further, That none of the funds provided
in this Act shall be available for expenses incurred for yacht
documentation under 46 U.S.C. 103 except to the extent fees are
collected from yacht owners and credited to this appropriation, and,
notwithstanding any other law, the Secretary may prescribe fees to
recover the expenses of yacht documentation.
For necessary expenses of acquisition, construction, rebuilding, and
improvement of aids to navigation, shore facilities, vessels, and
aircraft, including equipment related thereto; to remain available
until September 30, 1985, $333,985,000.
For necessary expenses for alteration or removal of obstructive
bridges, $15,850,000,to remain available until expended.
For retired pay, including the payment of obligations therefore
otherwise chargeable to lapsed appropriations for this purpose, and
payment under the Retired Serviceman's Family Protection and Survivor
Benefit Plans, $232,000,000.
For all necessary expenses for the Coast Guard Reserve, as authorized
by law; maintenance and operation of facilities; and supplies,
equipment, and services, $45,007,000.
For necessary expenses,not otherwise provided for, for basic and
applied scientific research, development, test, and evaluation;
maintenance, rehabilitation, lease, and operation of facilities and
equipment, as authorized by law, $25,000,000, to remain available until
expended: Provided, That there may be credited to this appropriation,
funds received from State and local governments, other public
authorities, private sources and foreign countries for expenses incurred
for research, development, testing and evaluation.
For necessary expenses to carry out the provisions of title III of
the Outer Continental Shelf Lands Act Amendments of 1978 (Public Law 95
- 372), // 43 USC 1811. // such sums as may be necessary to be derived
from the Offshore Oil Pollution Compensation Fund, to remain available
until expended. In addition, the Secretary of Transportation is
authorized to issue to the Secretary of the Treasury, to meet the
obligations of the Fund, notes or other obligations pursuant to section
302 of the Amendments // 43 USC 1812. // in such amounts and at such
times as may be necessary.
To increase the capital of the Coast Guard Supply Fund, $1,500,000,
to remain available until expended.
For necessary expenses of the Federal Aviation Administration, not
otherwise provided for, including administrative expenses for research
and development and for establishment of air navigation facilities, and
carrying out the provisions of the Airport and Airway Development Act,
// 49 USC 1701. // as amended, or other provisions of law authorizing
obligation of funds for similar programs of airport and airway
development or improvement; purchase of five passenger motor vehicles
for replacement only and purchase and repair of skis and snowshoes,
$2,233,520,000, of which not to exceed $525,000,000 shall be derived
from the Airport and Airway Trust Fund: Provided, That there may be
credited to this appropriation, funds received from States, counties,
municipalities, other public authorities, and private sources, for
expenses incurred in the maintenance and operation of air navigation
facilities: Provided further, That none of these funds shall be
available for new applicants for the second career training program.
For necessary expenses of the Federal Aviation Administration, not
otherwise provided for, for acquisition and modernization of facilities
and equipment and service testing in accordance with the provisions of
the Federal Aviation Act (49 U.S.C. 1301 - 1542), including construction
of experimental facilities and acquisition of necessary sites by lease
or grant, $21,155,000, to remain available until expended: Provided,
That there may be credited to this appropriation, funds received from
States, counties, municipalities, other public authorities, and private
sources, for expenses incurred for engineering and development.
Fund)
For necessary expenses, not otherwise provided for, for acquisition,
establishment, and improvement by contract or purchase, and hire of air
navigation and experimental facilities, including initial acquisition of
necessary sites by lease or grant; engineering and service testing
including construction of test facilities and acquisition of necessary
sites by lease or grant; construction and furnishing of quarters and
related accommodations for officers and employees of the Federal
Aviation Administration stationed at remote localities where such
accommodations are not available; and purchase of one aircraft; to be
derived from the Airport and Airway Trust Fund, $350,000,000, to remain
available until September 30, 1985: Provided, That there may be
credited to this appropriation, funds received from States, counties,
municipalities, other public authorities, and private sources, for
expenses incurred in the establishment and modernization of air
navigation facilities: Provided further, That no part of the foregoing
appropriation shall be available for the construction of a new wind
tunnel, or to purchase any land for or in connection with the National
Aviation Facilities Experimental Center, or to decommission in excess of
five flight service stations.
Airway
Trust Fund)
For necessary expenses, not otherwise provided for, for research,
engineering and development in accordance with the provisions of the
Federal Aviation Act (49 U.S.C. 1301 - 1542), including construction of
experimental facilities and acquisition of necessary sites by lease or
grant, $85,000,000, to be derived from the Airport and Airway Trust Fund
and to remain available until expended: Provided, That there may be
credited to this appropriation, funds received from States, counties,
municipalities, other public authorities, and private sources, for
expenses incurred for research, engineering and development.
For liquidation of obligations incurred for airport development under
authority contained in section 14 of Public Law 91 - 258, // 49 USC
1714. // as amended, and for liquidation of obligations incurred for
airport planning and development under other law authorizing such
obligations, $595,000,000, to be derived from the Airport and Airway
Trust Fund and to remain available until expended.
For expenses incident to the care, operation, maintenance,
improvement, and protection of the federally owned civil airports in the
vicinity of the District of Columbia, including purchase of ten
passenger motor vehicles for police or ambulance type use, for
replacement only; and purchase of two motor bikes for replacement only;
purchase, cleaning, and repair of uniforms; and arms and ammunition,
$28,585,000: Provided, That there may be credited to this
appropriation, funds received from air carriers, concessionaires and
non-Federal tenants sufficient to cover utility and fuel costs which are
in excess of $5,807,000: Provided further, That there may be credited
to this appropriation, funds received from States, counties,
municipalities, other public authorities, or private sources, for
expenses incurred in the maintenance and operation of the federally
owned civil airports.
For necessary expenses for construction at the federally owned civil
airports in the vicinity of the District of Columbia, $16,200,000, to
remain available until September 30, 1983.
The Secretary of Transportation is hereby authorized to make such
expenditures and investments, within the limits of funds available
pursuant to section 1306 of the Act of August 23, 1958, as amended (49
U.S.C. 1536), and in accordance with section 104 of the Government
Corporation Control Act, as amended (31 U.S.C. 849), as may be necessary
in carrying out the programs set forth in the budget for the current
fiscal year for aviation insurance activities under said Act.
In carrying out the program for guarantee of aircraft purchase loans
under the Act of September 7, 1957, as amended (49 U.S.C. 1324 note),
during fiscal year 1981 total new commitments to guarantee loans shall
not exceed $400,000,000 of contingent liability for loan principal,
including $100,000,000 for which priority shall be given to guarantees
of aircraft purchase loans to commuter air carriers serving smaller
communities: Provided, That this limitation shall not apply to any
guarantee of an aircraft purchase loan where (1) the loan guarantee
applicant has submitted a loan guarantee application before October 1,
1980; (2) the Federal Aviation Administration has indicated prior to
October 1, 1980, that the applicant was conditionally eligible for a
guarantee; (3) the aircraft are financed and delivered in fiscal year
1981 for reasons beyond the purchaser's control; and (4) the aggregate
of all guarantees which meet the preceding three conditions when
combined with guarantees issued during fiscal year 1980 shall not exceed
$650,000,000 in principal amount.
Necessary expenses for administration, operation, and research of the
Federal Highway Administration not to exceed $191,282,000 shall be paid,
in accordance with law, from appropriations made available by this Act
to the Federal Highway Administration together with advances and
reimbursements received by the Federal Highway Administration:
Provided, That not to exceed $39,600,000 of the amount provided herein
shall remain available until expended.
For necessary expenses to carry out motor carrier safety functions of
the Secretary, as authorized by the Department of Transportation Act (80
Stat. 939 - 940), // 49 USC 1651 // $14,350,000, of which $3,740,000 of
the amount appropriated herein shall remain available until expended and
not to exceed $1,581,000 shall be available for " Limitation on general
operating expenses".
For necessary expenses in carrying out provisions of title 23, United
States Code, to be derived from the Highway Trust Fund and to remain
available until expended, $9,000,000.
For necessary expenses in carrying out section 131 of title 23 U.S.
C. and section 104(a)(11) of the Surface Transportation Assistance Act
of 1978, // 92 Stat. 2690. // $6,600,000, to remain available until
expended.
Contract
Authorization) (Trust Fund)
For payment of obligations incurred in carrying out the provisions of
title 23, United States Code, section 402, administered by the Federal
Highway Administration, to remain available until expended, $17,500,000,
to be derived from the Highway Trust Fund: Provided, That not to exceed
$560,000 of the amount appropriated herein shall be available for "
Limitation on general operating expenses".
For necessary expenses in carrying out the provisions of title 23,
United States Code, sections 152, 153, 215, and 402, $6,600,000, to
remain available until expended.
For payment of obligations incurred in carrying out the provisions of
23 U.S.C. 148, $14,000,000, to remain available until expended, of which
$9,000,000 shall be derived from the Highway Trust Fund.
Certain Lakes
For necessary expenses not otherwise provided, to carry out the
provisions of 23 U.S.C. 155, $6,525,000, together with unobligated
balances appropriated under "access highways to public recreation areas
on certain lakes" contained in Public Law 95 - 85, // 91 Stat. 408. //
to remain available until September 30, 1983.
For carrying out the provisions of title 23, United States Code,
which are attributable to Federal-aid highways, not otherwise provided,
including reimbursements for sums expended pursuant to the provisions of
23 U.S.C. 308, $7,500,000,000, or so much thereof as may be available in
and derived from the Highway Trust Fund, to remain available until
expended.
For necessary expenses in carrying out the provisions of section
126(d) of Public Law 95 - 599, // 23 USC 146 // $1,000,000, to be
derived from the Highway Trust Fund and to remain available until
expended.
For expenses necessary to discharge the functions of the Secretary
with respect to traffic and highway safety and functions under the Motor
Vehicle Information and Cost Savings Act (Public Law 92 - 513, // 15 USC
1901 // as amended), $85,876,000, of which $26,963,500 shall be derived
from the Highway Trust Fund: Provided, That not to exceed $38,477,500
shall remain available until expended, of which $11,395,000 shall be
derived from the Highway Trust Fund.
Liquidation
of Contract Authorization)
For necessary expenses of State and community highway safety programs
authorized by 23 U.S.C. 154, 402, 406 and 407, to remain available until
expended, $38,593,000, of which $10,000,000 shall be available for
transportation systems management, and of which $26,000,000 shall be
derived from the Highway Trust Fund; and for payment of obligations
incurred in carrying out the provisions of 23 U. S.C. 402 and 406, to
remain available until expended, $163,800,000, to be derived from the
Highway Trust Fund.
For necessary expenses of the Federal Railroad Administration, not
otherwise provided for, $7,970,000.
For necessary expenses in connection with railroad safety, not
otherwise provided for, $27,250,000, of which $7,600,000 shall remain
available until expended.
For necessary expenses for railroad research and development,
$50,000,000, to remain available until expended: Provided, That there
may be credited to this appropriation, funds received from State and
local governments, other public authorities, private sources and foreign
countries for expenses incurred for engineering, testing and
development.
For necessary expenses for rail service assistance authorized by
section 5 of the Department of Transportation Act, // 49 USC 1654. //
as amended, and for necessary administrative expenses in connection with
Federal rail assistance programs not otherwise provided for,
$90,000,000, together with $9,423,000 for the Minority Business Resource
Center, as authorized by title IX of Public Law 94 - 210, // 49 USC 1654
// and $25,000,000 for railroad restructuring assistance authorized by
title V of Public Law 94 - 210 // 45 USC 821. // as amended, to remain
available until expended: Provided, That none of the funds provided
under this Act shall be available for the planning or execution of a
program making commitments to guarantee new loans under the Emergency
Rail Services Act of 1970, // 45 USC 6611 // as amended, in excess of
$20,000,000 of contingent liability for loan principal in fiscal year
1981.
For necessary expenses related to Northeast Corridor improvements
authorized by title VII of Public Law 94 - 210, // 45 USC 851. // as
amended, and title I of Public Law 95 - 599, // 23 USC 101 //
$350,000,000, to remain available until expended: // 45 USC 851 //
Provided, That, notwithstanding any other provisions of law, the
provisions of Public Law 85 - 804 // 50 USC 1431. // shall apply to the
Northeast Corridor Improvement Program: Provided further, That the
Secretary may waive the provisions of 23 U.S.C. 322 (c) and (d) if he
determines such action would serve a public purpose: Provided further,
That all public at grade-level crossings remaining along the Northeast
Corridor upon completion of the project shall be equipped with
protective devices including gates and lights.
To enable the Secretary of Transportation to make grants to the
National Railroad Passenger Corporation, $881,000,000, to remain
available until expended, of which $650,000,000 shall be for operating
losses incurred by the Corporation, $18,000,000 for the payment of
capital and operating expenses incurred from rail services provided
under section 403(b) of the Rail Passenger Service Act, // 45 USC 563.
// as amended, $11,000,000 for labor protection costs authorized by 45
U.S.C. 565, and $202,000,000 for capital improvements: Provided, That
none of the funds herein appropriated shall be used for lease or
purchase of passenger motor vehicles or for the hire of vehicle
operators for any officer or employee, other than the President of the
Corporation, excluding the lease of passenger motor vehicles for those
officers or employees while in official travel status: Provided
further, That the Secretary shall make no commitments to guarantee new
loans or loans for new purposes under 45 U.S.C. 602 in fiscal year 1981:
Provided further, That the incurring of any obligation or commitment by
the Corporation for capital improvements not expressly provided for in
an appropriation act or prohibited by this Act shall be deemed a
violation of 31 U.S.C. 665.
To enable the Secretary of Transportation to make grants to the
National Railroad Passenger Corporation in fiscal year 1982 for capital
improvements, $166,000,000, to remain available until expended.
The Alaska Railroad Revolving Fund shall continue available until
expended for the work authorized by law, including operation and
maintenance of oceangoing or coastwise vessels by ownership, charter, or
arrangement with other branches of the Government service, for the
purpose of providing additional facilities for transportation of
freight, passenger, or mail, when deemed necessary for the benefit and
development of industries or travel in the area served and payment of
compensation and expenses as authorized by 5 U.S.C. 8146, to be
reimbursed as therein provided: Provided, That no employee shall be
paid an annual salary out of said fund in excess of the salaries
prescribed by the Classification Act of 1949, // 63 Stat. 954. // as
amended, for grade GS-15, // 45 FR 69201. // except the general manager
of said railroad, one assistant general manager and five officers at not
to exceed the salaries prescribed for members of the Senior Executive
Service.
For payment to the Alaska Railroad Revolving Fund for capital
replacements, improvements, operations and maintenance, $10,640,000, to
remain available until expended.
Funds
The Secretary of Transportation is authorized to issue to the
Secretary of the Treasury notes or other obligations pursuant to section
512 of the Railroad Revitalization and Regulatory Reform Act of 1976
(Public Law 94 - 210), // 45 USC 832. // as amended, in such amounts
and at such times as may be necessary to pay any amounts required
pursuant to the guarantee of the principal amount of obligations under
sections 511 through 513 of such Act, // 45 USC 831 - 833. // such
authority to exist as long as any such guaranteed obligation is
outstanding: Provided, That the aggregate principal amount of
guarantees and commitments to guarantee obligations under section 511 of
Public Law 94 - 210, as amended, shall not exceed $770,000,000.
For payment of benefits under section 509 of the Regional Rail
Reorganization Act of 1973, // 45 USC 779. // as amended, $7,500,000,
together with $1,500,000 for new career training assistance under
section 119 of the Rock Island Transition and Employment Assistance Act,
to remain available until expended.
For necessary administrative expenses of the urban mass tranportation
program authorized by the Urban Mass Transportation Act of 1964, // 23
USC 101 // as amended (49 U.S.C. 1601 et seq.); 23 U.S. C., chapter 1,
in connection with these activities, including hire of passenger motor
vehicles and services as authorized by 5 U.S.C. 3109, $22,200,000.
University
Research and Training
For necessary expenses for research and training, as authorized by
the Urban Mass Transportation Act of 1964, as amended (49 U.S.C. 1601 et
seq.), to remain available until expended, $65,500,000: Provided, That
$63,500,000 shall be available for research, development, and
demonstrations, $1,000,000 shall be available for university research
and training and not to exceed $1,000,000 shall be available for
managerial training as authorized under the authority of said Act.
For necessary expenses for urban discretionary grants as authorized
by the Urban Mass Transportation Act of 1964, as amended (49 U.S.C.
1601 et seq.), to remain available until September 30, 1984,
$2,190,000,000: Provided, That none of these funds shall be available
to retrofit any existing fixed rail transit system to comply with
regulations issued pursuant to section 504 of the Rehabilitation Act of
1973: // 29 USC 794. // Provided further, That none of the funds
provided by this Act shall be used to enforce the provisions of 43 F.R.
235, page 57145, with respect to any project contract entered into after
the date of enactment of this Act unless obligated pursuant to the
provisions of section 401, Public Law 95 - 599: // 23 USC 101 //
Provided further, That grants awarded for contracts for the acquisition
of rolling stock, including buses, which will result in the expenditure
of Federal financial assistance, shall only be awarded based on
consideration of performance, standardization, life-cycle costs, and
other factors the Secretary may deem relevant, in addition to the
consideration of initial capital costs. Where necessary, the Secretary
shall assist grantees in making such evaluations.
For necessary expenses for public transportation projects in areas
other than urbanized areas as defined for the purposes of the Urban Mass
Transportation Act of 1964, as amended (49 U.S.C. 1601 et seq.),
$72,500,000, to remain available until expended.
For necessary expenses for urban formula grants as authorized by the
Urban Mass Transportation Act of 1964, as amended (49 U.S.C. 1601 et
seq.), $1,455,000,000, to remain available until expended: Provided,
That grants awarded for contracts for the acquisition of rolling stock,
including buses, which will result in the expenditure of Federal
financial assistance, shall only be awarded based on consideration of
performance, standardization, life-cycle costs, and other factors the
Secretary may deem relevant, in addition to the consideration of initial
capital costs. Where necessary, the Secretary shall assist grantees in
making such evaluation.
For payment to the urban mass transportation fund, for liquidation of
contractual obligations incurred under authority of the Urban Mass
Transportation Act of 1964, as amended (49 U.S.C. 1601 et seq.), and 23
U.S.C. 142(c) and of obligations incurred for projects substituted for
Interstate System segments withdrawn prior to enactment of the
Federal-Aid Highway Act of 1976, // 23 USC 101 // $1,500,000,000, to
remain available until expended: Provided, That none of these funds
shall be made available for the establishment of depreciation reserves
or reserves for replacement accounts: Provided further, That amounts
for highway projects substituted for Interstate System segments shall be
transferred to the Federal Highway Administration.
For necessary expenses for conducting one waterborne transportation
demonstration project, $10,000,000 to remain available until expended.
For necessary expenses to carry out the provisions of 23 U.S.C. 103(
e)(4) for fiscal year 1981, $800,000,000, to remain available until
expended: Provided, That amounts for highway projects substitued for
Interstate System segments shall be transferred to the Federal Highway
Administration.
The Saint Lawrence Seaway Development Corporation is hereby
authorized to make such expenditures, within the limits of funds and
borrowing authority available to such Corporation, and in accord with
law, and to make such contracts and commitments without regard to fiscal
year limitations as provided by section 104 of the Government
Corporation Control Act, // 31 USC 849. // as amended, as may be
necessary in carrying out the programs set forth in the budget for the
current fiscal year for the Corporation except as hereinafter provided.
Not to exceed $1,460,000 shall be available for administrative
expenses which shall be computed on an accrual basis, including not to
exceed $3,000 for official entertainment expenses to be expended upon
the approval or authority of the Secretary of Transportation: Provided,
That Corporation funds shall be available for the hire of passenger
motor vehicles and aircraft, operation and maintenance of aircraft,
uniforms or allowances therefor operation and maintenance personnel, as
authorized by law (5 U.S.C. 5901 - 5902), and $15,000 for services as
authorized by 5 U.S.C. 3109.
For expenses necessary to discharge the functions of the Research and
Special Programs Administration, $31,420,000, of which not to exceed
$12,291,000 shall remain available until expended for $3,082,000 shall
remain available until expended for grants-in-aid to carry out a
pipeline safety program, as authorized by section 5 of the Natural Gas
Pipeline Safety Act of 1968 (46 U.S.C. 1674).
For necessary expenses to discharge the functions of a cooperative
automotive research program for conducting basic automotive research,
$12,000,000, to remain available until expended: Provided, That no
additional funds shall be expended thereafter, unless authorized by
Congress: Provided further, That the amount of funds obligated during
the period ending 6 months after the date of enactment of this section
shall not exceed $6,000,000: Provided further, That the Department of
Transportation, in cooperation with the Department of Commerce,
Department of Defense, National Science Foundation, National Aeronautics
and Space Administration, Environmental Protection Agency, and
Department of Energy, report to the Congress within 6 months of
enactment of this Act its assessment of current Federal automotive and
other surface transportation research and development and its analysis
of options for the Federal management structure, areas of research,
including applied research, detailed objectives, and funding
requirements for a cooperative automotive research program: Provided
further, That it is also the intention of the Congress that an
authorization bill with positive or negative recommendations be reported
out by the appropriate committees within said period.
For necessary expenses of the Office of Inspector General in carrying
out the provisions of the Inspector General Act of 1978, $13,657,000,
together with $8,085,000 derived from funds available under 23 U.S.C.
104(a) for payment obligations.
For necessary expenses of the National Transportation Safety Board,
including hire of passenger motor vehicles and aircraft; services as
authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed
the per diem rate equivalent to the rate for a GS-18; uniforms, or
allowances therefor, as authorized by law (5 U.S.C. 5901 - 5902),
$18,200,000, of which not to exceed $300 may be used for official
reception and representation expenses.
For necessary expenses of the Civil Aeronautics Board, including hire
of aircraft; hire of passenger motor vehicles; services as authorized
by 5 U.S.C. 3109; uniforms, or allowances therefor, as authorized by
law (5 U.S.C. 5901 - 5902); and not to exceed $5,000 for official
reception and representation expenses, $28,419,000.
For payments to air carriers of so much of the compensation fixed and
determined by the Civil Aeronautics Board under section 406 and section
419 of the Federal Aviation Act of 1958, // 49 USC 1376, 1389. // as
amended, and the Airline Deregulation Act of 1978, // 49 USC 1301 // as
is payable by the Board, $86,300,000, to remain available until
expended.
For necessary expenses of the Interstate Commerce Commission,
including services as authorized by 5 U.S.C. 3109, // 49 USC 10344. //
$82,400,000: Provided, That Joint Board members and cooperating State
commissioners may use Government transportation requests when traveling
in connection with their official duties as such.
None of the funds provided under this Act shall be available for the
execution of programs the obligations for which can reasonably be
expected to be in excess of $10,000,000 for directed rail service under
49 U.S.C. 11125 or any other legislation.
For operating expenses necessary for the Panama Canal Commission,
including hire of passenger motor vehicles and aircraft; uniforms or
allowances therefor, as authorized by law (5 U.S.C. 5901 - 5902); not
to exceed $25,000 for official reception and representation expenses;
operation of guide services; residence for the administrator,
contingencies of the administrator, and to employ services as authorized
by law (5 U.S.C. 3109); maintaining and altering facilities of other
United States Government agencies in the Republic of Panama and
facilities of the Government agencies in the Republic of Panama and
facilities of the Government of the Republic of Panama for Panama Canal
Commission use; and for payment of liabilities of the Panama Canal
Company and Canal Zone Government that were pending on September 30,
1979, or that have accrued thereafter, including accounts payable for
capital projects, $370,324,000, to be derived from the Panama Canal
Commission Fund: Provided, That of the funds appropriated by this
section not to exceed $495,000 shall be available for the hire of
passenger motor vehicles; not to exceed $776,000 shall be available for
the hire of aircraft; not to exceed $136,000 shall be available for
uniforms or allowances; not to exceed $272,000 shall be available for
operation of guide services; not to exceed $60,000 shall be available
for maintenance of a residence for the Administrator; not to exceed
$25,000 shall be available for contingencies of the Administrator; not
to exceed $520,000 shall be available to employ services as authorized
by law (5 U.S.C. 3109); and not to exceed $3,724,000 shall be available
for maintaining and altering facilities of other United States
Government agencies in the Republic of Panama and facilities of the
Government of the Republic of Panama for Panama Canal Commission use.
There may be credited to this appropriation, funds received from the
Panama Canal Commission's capital outlay account for expenses incurred
for supplies and services provided for capital projects and funds
received from officers and employees of the Commission and/or commercial
insurors of Commission employees for payment to other United States
Government agencies for expenditures made for services provided to
Commission employees and their dependents by such other agencies. To the
extent that the resources of the Fund are not adequate to provide the
amount of budget authority provided above, the Commission may incur
obligations in advance of adequate receipts in the Fund.
For acquisition, construction, and replacement of improvements,
facilities, structures, and equipment required by the Panama Canal
Commission, including the purchase of not to exceed thirty-one passenger
motor vehicles of which noneteen are for replacement only; to employ
services authorized by law (5 U.S.C. 3109); for payment of liabilities
of the Panama Canal Company and Canal Zone Government that were pending
on September 30,1979, or that have accrued thereafter; to improve
facilities of other United States Government agencies in the Republic of
Panama and facilities of the Government of the Republic of Panama of
Panama for Panama Canal Commission use, $21,350,000, to be derived from
the Panama Canal Commission Fund and to remain available until expended:
Provided, That of the funds appropriated by this section not to exceed
$16,226,000 shall be available for navigation projects; not to exceed
$1,648,000 shall be available for utilities projects; not to exceed
$800,000 shall be available for housing improvements; and not to exceed
$2,676,000 shall be available for general support projects. To the
extent that the resources of the Fund are not adequate to provide the
amount of budget authority provided above, the Commission may incur
obligations in advance of adequate receipts in the Fund.
For reimbursement to the General Fund of the Treasury from the Panama
Canal Commission Fund, the total outlays in fiscal year 1980 from
accounts 9501201 Panama Canal Commission Operating Expenses and 95 X1201
Panama Canal Commission Capital Outlay, but in no case less than
$350,000,000. The reimbursement shall be made within 30 days after
submission by the General Accounting Office of the report on audit of
the Panama Canal Commission accounts as required by section 1313 of the
Panama Canal Act of 1979. // 22 USC 3723. //
For the acquisition, in accordance with section 509 of the Railroad
Revitalization and Regulatory Reform Act of 1976, // 45 USC 829. // as
amended, and section 803 of Public Law 95 - 620, // 45 USC 821, 822 and
822 // of fund anticipation notes, $25,000,000.
For necessary administrative expenses to enable the United States
Railway Association to carry out its functions under the Regional Rail
Reorganization Act of 1973, // 45 USC 701 // as amended, $29,000,000, of
which not to exceed $4,000 may be available for official reception and
representation expenses.
For acquisition of series A preferred stock issued by the
Consolidated Rail Corporation, to remain available until expended,
$185,000,000.
For necessary expenses for interest payments, to remain available
until expended, $65,910,000: Provided, That these funds may be
disbursed pursuant to terms and conditions that the Secretary of
Transportation may establish.
Sec. 301. During the current fiscal year applicable appropriations
to the Department of Transportation shall be available for maintenance
and operation of aircraft; hire of passenger motor vehicles and
aircraft; purchase of liability insurance for motor vehicles operating
in foreign countries on official departmental business; and uniforms,
or allowances therefor, as authorized by law (5 U.S.C. 5901 - 5902).
Sec. 302. None of the funds provided in this Act shall be available
for the planning or execution of programs the commitments for which are
in excess of $700,000,000 in fiscal year 1981 for grants-in-aid for
airport planning, noise compatibility planning and programs, and
development.
Sec. 303. None of the funds provided under this Act shall be
available for the planning or execution of programs, the obligations for
which are in excess of $28,000,000 in fiscal year 1981 for "
Highway-related safety grants".
Sec. 304. None of the funds provided under this Act shall be
available for the planning or execution of programs the total
obligations for which are in excess of $150,405,000 in fiscal year 1981
for " State and Community Highway Safety": Provided, That none of the
funds under State and Community Highway Safety shall be used for
construction, rehabilitation or remodeling costs or for office
furnishings and fixtures for State, local or private buildings or
structures.
Sec. 305. Funds appropriated for the Panama Canal Commission may be
apportioned notwithstanding section 3679 of the Revised Statutes, as
amended (31 U.S.C. 665), to the extent necessary to permit payment of
such pay increases for officers or employees as may be authorized by
administrative action pursuant to law which are not in excess of
statutory increases granted for the same period in corresponding rates
of compensation for other employees of the Government in comparable
positions.
Sec. 306. Funds appropriated under this Act for expenditure by the
Federal Aviation Administration shall be available (1) except as
otherwise authorized by the Act of September 30, 1950 (20 U.S.C. 236 -
244), // 20 USC 241 // for expenses of primary and secondary schooling
for dependents of Federal Aviation Administration personnel stationed
outside the continental United States at costs for any given area not in
excess of those of the Department of Defense for the same area, when it
is determined by the Secretary that the schools, if any, available in
the locality are unable to provide adequately for the education of such
dependents and (2) for transportation of said dependents between schools
serving the area which they attend and their places of residence when
the Secretary, under such regulations as he may prescribe, determines
that such schools are not accessible by public means of transportation
on a regular basis.
Sec. 307. Appropriations contained in this Act for the Department of
Transportation shall be available for services as authorized by 5 U.
S.C. 3109, but at rates for individuals not to exceed the per diem rate
equivalent to the rate for a GS-18.
Sec. 308. None of the funds provided under this Act shall be made
available under section 5 of the Urban Mass Transportation Act of 1964,
// 49 USC 1604. // as amended, to support mass transit facilities,
equipment, or operating expenses unless the applicant for such
assistance has given satisfactory assurances in such manner and forms as
the Secretary may require, and in accordance with such terms and
conditions as the Secretary may prescribe, that the rates charged
elderly and handicapped persons during nonpeak hours shall not exceed
one-half of the rates generally applicable to other persons at peak
hours: Provided, That the Secretary, in prescribing the terms and
conditions for the provision of such assistance shall (1) permit
applicants to continue the use of preferential fare systems for elderly
or handicapped persons where those systems were in effect on or prior to
November 26, 1974, (2) allow applicants a reasonable time to expand the
coverage of operating preferential fare systems as appropriate, (3)
allow applicants to continue to use preferential fare systems
incorporating the offering of a free return ride upon payment of the
generally applicable full fare where any such applicant's existing fare
collection system does not reasonably permit the collection of half
fares, and (4) allow applicants to define the eligibility of
"handicapped persons" for the purposes of preferential fares in
conformity with other Federal laws and regulations governing eligibility
for benefits for disabled persons.
Sec. 309. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 310. None of the funds provided under or included in this Act
shall be available for the planning or execution of programs, the
obligations for which are in excess of $8,750,000,000 for " Federal-Aid
Highways" in fiscal year 1981: Provided, That this limitation shall not
apply to obligations for emergency relief authorized by 23 U.S.C. 125:
Provided further, for replacement of the West Seattle bridge in the
State of Washington, $50,000,000 to be made available from obligations
authorized by 23 U.S.C. 125 on August 4, 1978: Provided further, That
this limitation shall not become effective if subsequent legislation
containing an obligation limitation on " Federal-Aid Highways" for
fiscal year 1981 is enacted into law by September 30, 1980: Provided
further, That notwithstanding any other provisions of law, the Secretary
of Transportation shall, not later than 60 days after date of enactment
of this Act, designate under 23 U.S.C. 103(e)( 1) as a route on the
National System of Interstate and Defense Highways 3.03 miles in the
State of Missouri extending I-170 southward from I-i-70 to tie into U.S.
40 and 6.25 miles in the State of Alabama connecting I-10 and I-65 in
the vicinity of Mobile-Prichard: Provided further, That there shall be
no obligation constraints placed upon ongoing emergency projects funded
under the Discretionary Bridge Replacement Fund or the Emergency Relief
Fund.
(a) For fiscal year 1981, the Secretary of Transportation shall
control the obligation of the limitation imposed by the above allocation
according to the following formula: 80 per centum in the ratio which
sums authorized to be appropriated for Federal-aid highways and highway
safety construction which are apportioned or allocated to a State for
fiscal year 1981 bears to the total of the sums authorized to be
appropriated for Federal-aid highways and highway safety construction
which are apportioned or allocated to all the States for such fiscal
year; the remaining 20 per centum not so allocated, in the order in
which States having obligated all such sums so allocated submit projects
on or after August 1, 1981, to the Secretary of Transportation for his
approval and in the amounts for such projects.
(b) Notwithstanding subsection (a), the Secretary shall--,
(1) provide all States with authority sufficient to prevent
lapses of sums authorized to be appropriated for Federal-aid
highways and highway safety construction which have been
apportioned or allocated to a State, except in those instances in
which a State indicates its intention to lapse sums apportioned
under section 104(b)(5)(A) of title 23, United States Code;
(2) after August 1, 1981, revise a distribution of the 80 per
centum made under subsection (a) if a State will not obligate the
amount distributed during fiscal year 1981 and redistribute
sufficient amounts to those States able to obligate amounts in
addition to those previously distributed during fiscal year 1981;
and
(3) not distribute amounts authorized for administrative
expenses and forest highways.
Sec. 311. Obligations for the Great River Road shall include
preliminary engineering and the planning or execution of projects for
the acquisition of areas of archeological, scientific, or historical
importance and of necessary easements for scenic purposes, the
construction or reconstruction of roadside rest areas, bicycle trails,
and scenic viewing areas, the reconstruction and rehabilitation of
existing road segments, and the construction of new route segments. No
such funds, however, shall be used for constructing new segments until
60 per centum of the Great River Road in each State is completed:
Provided, That such completion may be waived if the Administrator
determines that circumstances in such State prevent such completion:
Provided further, None of the funds provided under this Act shall be
available for the planning or execution of programs for the Great River
Road, the obligations for which are in excess of $37,500,000 in fiscal
year 1981.
Sec. 312. None of the funds provided under this Act shall be
available for constructing an extension of the Dulles airport access
highway prior to an agreement with the Commonwealth of Virginia under
which that Commonwealth assumes responsibility for maintenance and
operation of such extension.
Sec. 313. None of the funds provided in this Act shall be available
for the implementation or execution of programs the obligations for
which are in excess of $60,000,000 in fiscal year 1981 for the "
Offshore Oil Pollution Compensation Fund".
Sec. 314. None of the funds appropriated in this Act for the Panama
Canal Commission may be expended unless in conformance with the Panama
Canal Treaties of 1977 and any law implementing those treaties.
Sec. 315. None of the funds provided in this Act may be used for
planning or construction of rail-highway crossings under section 322(a)
of title 23, United States Code, or under sections 701(a)(5) or section
703(1)(A) of the Railroad Revitalization and Regulatory Reform Act of
1976 // 45 USC 851, 853. // at the--,
(1) School Street crossing in Groton, Connecticut; and
(2) Broadway Extension crossing in Stonington, Connecticut.
Sec. 316. None of the funds in this Act shall be used for the
planning or execution of any program to pay the expenses of, or
otherwise compensate, non-Federal parties intervening in regulatory or
adjudicatory proceedings funded in this Act.
Sec. 317. None of the funds in this Act shall be used to assist,
directly or indirectly, any State in imposing mandatory State inspection
fees or sticker requirements on vehicles which are lawfully registered
in another State, including vehicles engaged in interstate commercial
transportation which are in compliance with Part 396--, Inspection and
Maintenance of the Federal Motor Carrier Safety Regulations of the U.S.
Department of Transportation. // 49 CFR Part 396. //
Sec. 318. Except as otherwise provided under existing law or under
an existing Executive order issued pursuant to an existing law, the
obligation or expenditure of any appropriation under this Act for
contracts for any consulting service shall be limited to contracts which
are (1) a matter of public record and available for public inspection,
and (2) thereafter included in a publicly available list of all
contracts entered into within 24 months prior to the date on which the
list is made available to the public and of all contracts on which
performance has not been completed by such date. The list required by
the preceding sentence shall be updated quarterly and shall include a
narrative description of the work to be performed under each such
contract.
Sec. 319. No part of any appropriation contained in this Act shall
be obligated or expended by any executive agency, as referred to in the
Office of Federal Procurement Policy Act (41 U.S.C. 401 et seq.) for a
contract for services unless such executive agency (1) has awarded and
entered into such contract in full compliance with such Act and the
regulations promulgated thereunder and (2) requires any report prepared
pursuant to such contract, including plans, evaluations, studies,
analyses and manuals, and any report prepared by the agency which is
substantially derived from or substantially includes any report prepared
pursuant to such contract, to contain information concerning (A) the
contract pursuant to which the report was prepared and (B) the
contractor who prepared the report pursuant to such contract.
Sec. 320. (a) No appropriations made available in this Act shall be
obligated in a manner that would cause obligations from the total budget
authority available to any department, agency, or establishment (as
defined in 31 U.S.C. chapter 1, subchapter I, section 2) or any major
administrative subdivision thereof during the fiscal year ending
September 30, 1981, to exceed 30 per centum for the last quarter of such
fiscal year or 15 per centum for any month in the last quarter of such
fiscal year. The Director of the Office of Management and Budget may
waive the requirements of the preceding sentence with respect to any
program or activity if the Director determines in writing that the
waiver is necessary to avoid a serious disruption in carrying out such
program or activity.
(b) Not later than 45 days after the close of each quarter of the
fiscal year, the head of each department, agency, or establishment shall
submit a report to the Committees on Appropriations and to the Director
of the Office of Management and Budget, specifying the amount of
obligations incurred during the quarter and the percentage of total
available budget authority for the fiscal year which the obligations
constitute.
(c) The Director of the Office of Management and Budget shall keep
the Committees on Appropriations fully informed of actions taken to
carry out the requirements of this section, including any waivers
granted, and shall promptly report in writing any situation in which the
obligations of any department, agency, or establishment exceed such
requirements other than pursuant to a waiver. Not later than December
31, 1981, the director shall submit a report to the Committees on
Appropriations on the results and impact of the requirements of this
section and actions taken under this section, including the effects upon
procurement and apportionment processes, together with any
recommendations the Director considers appropriate. Concurrent with the
submittal of the report to the Committees on Appropriations under the
preceding sentence, the director shall submit a copy of such report to
the Comptroller General, who shall promptly review that report and
submit to the Committees on Appropriations an analysis of the report and
any recommendations which the Comptroller General considers appropriate.
Sec. 321. All unresolved audits currently pending within agencies
and departments, for which appropriations are made under this Act, shall
be resolved not later than September 30, 1981. Any new audits,
involving questioned expenditures, arising after the enactment of this
Act shall be resolved within 6 months of completing the inital audit
report.
Sec. 322. Each department and agency for which appropriations are
made under this Act shall take immediate action (1) to improve the
collection of overdue debts owed to the United States within the
jurisdiction of that department or agency; (2) to bill interest on
delinquent debts as required by the Federal Claims Collection Standards;
and (3) to reduce amounts of such debts written off as uncollectible.
Sec. 323. (a) Notwithstanding any other provision of this Act, the
amounts otherwise available to agencies under the Act for procurement of
consultant services shall be reduced by the following amounts:
Department of Transportation, $3,894,000.
(b) For fiscal year 1982 and thereafter, a department or
establishment--, as defined in section 2 of the Budget and Accounting
Act, 1921-shall submit annually to the House and Senate Appropriations
Committees, as part of its budget justification, the estimated amount of
funds requested for consulting services; the appropriation accounts in
which such funds are located; and a brief description of the need for
consulting services, including a list of major programs that require
consulting services.
(c) For fiscal year 1982 and thereafter, the Inspector General of
such department or establishment, or comparable official, or if there is
no Inspector General or comparable official, the agency head or the
agency head's designee, shall submit to the Congress along with the
budget justification, an evaluation of the agency's progress to
institute effective management controls and improve the accuracy and
completeness of the data provided to the Federal Procurement Data System
regarding consultant service contractual arrangements.
Sec. 324. None of the funds in this Act may be used for the planning
or execution of programs to compel local transit authorities to purchase
wheelchair lifts to comply with section 504 of the Rehabilitation Act of
1973, // 29 USC 794. // except--,
(1) to the extent which would be required under the amendment
contained in section 118 of S. 2720 (96th Congress, Federal Public
Transportation Act of 1980), as passed by the Senate on June 25,
1980, or
(2) where such authorities have elected to purchase such lifts.
This section shall be effective only until modified by subsequent
legislation.
Sec. 325. None of the funds in this Act shall be used to implement,
administer, or enforce any regulation which has been disapproved
pursuant to a resolution of disapproval duly adopted in accordance with
the applicable law of the United States.
Sec. 326. Notwithstanding any other provision of this Act, any
amount appropriated by this Act for the fiscal year ending September 30,
1981, for any department, agency, or instrumentality of the United
States Government, which is available to pay for or conduct advertising
or public relations activities is reduced by 10 percent.
Sec. 327. None of the funds provided in this Act shall be available
for interstate highway I-69 between Charlotte and Lansing, Michigan, for
a period of 90 days after the date of enactment of this Act.
Sec. 328. None of the funds in this Act shall be used to mandate any
reduction under the Washington National Airport Policy of the number of
certificated air carrier slots per hour at Washington National Airport
below the number authorized on September 12, 1980, until April 26, 1981.
This Act may be cited as the " Department of Transportation and
Related Agencies Appropriation Act, 1981."
Approved October 9, 1980.
LEGISLATIVE HISTORY:
HOUSE REPORTS: No. 96 - 1193 (Comm. on Appropriations) and No. 96 -
1400 (Comm. of Conference).
SENATE REPORT No. 96 - 932 (Comm. on Appropriations).
CONGRESSIONAL RECORD, Vol. 126 (1980):
July 31, considered and passed House.
Sept. 18, considered and passed Senate, amended.
Sept. 30, House agreed to conference report; receded and
concurred in certain Senate amendments, in others with amendments.
Senate agreed to conference report and concurred in House
amendments.
PUBLIC LAW 96-399, 94 STAT, 1614, HOUSING AND COMMUNITY DEVELOPMENT
ACT OF 1980
housing, community and
neighborhood development and preservation, and related
programs, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That this Act // 42 U.
S.C. 5301 // may be cited as the " Housing and Community Development Act
of 1980".
Sec. 101. (a) Section 102(b) of the Housing and Community
Development Act of 1974 // 42 USC 5302. // is amended by adding the
following new sentence at the end thereof: " Notwithstanding any other
provision of law, for the fiscal years 1981, 1982, and 1983, (1) no data
derived from the 1980 Decennial Census, as provided for in subchapter II
of title 13, United States Code, // 13 USC 21. // except those relating
to population and poverty, shall be taken into account for purposes of
section 119 // 42 USC 5318. // or the allocation of amounts under
section 106, // 42 USC 5306. // and (2) no revision to the criteria for
establishing a metropolitan area or defining a central city of such an
area published after January 1, 1980, shall be taken into account for
purposes of this title, except that any area or city which would newly
qualify as a metropolitan area or a central city of such an area by
reason of any such revision shall be so considered.".
(b)(1) Section 102 of such Act // 42 USC 5302. // is amended by
striking out subsection (d) and inserting in lieu thereof the following:
"(d) With respect to program years beginning with the program year
for which grants are made available from amounts appropriated for fiscal
year 1982 under section 103(a)(1), the population of any unit of general
local government which is included in that of an urban county as
provided in subsection (a)(6)(B) shall be included in the population of
such urban county for three program years beginning with the program
year in which its population was first so included and shall not
otherwise be eligible for a grant under section 106 // 42 USC 5306. //
as a separate entity, unless the application by the urban county is
disapproved or withdrawn prior to or during such three-year period.
During any such three-year period, the population of any unit of general
local government which is not included in that of the urban county for
the first year shall not be eligible for such inclusion in the second or
third year.".
(2) The amendment made by paragraph (1) // 42 USC 5302 // shall take
effect on October 1, 1981.
(c) Section 102 of such Act // 42 USC 5302. // is amended by adding
at the end thereof the following:
"(e) Any county seeking qualification as an urban county, including
any urban county seeking to continue such qualification, shall notify,
as provided in this subsection, each unit of general local government,
which is included therein and is eligible to elect to have its
population excluded from that of an urban county under subsection (a)(
6)(B)(i), of its opportunity to make such an election. Such
notification shall, at a time and in a manner prescribed by the
Secretary, be provided so as to provide a reasonable period for response
prior to the period for which such qualification is sought. The
population of any unit of general local government which is provided
such notification and which does not inform, at a time and in a manner
prescribed by the Secretary, the county of its election to exclude its
population from that of the county shall, if the county qualifies as an
urban county,be included in the population of such urban county as
provided in subsection (d).".
(d) Section 104 of such Act // 42 USC 5304. // is amended by adding
the following new subsection at the end thereof:
"(j) In any case in which a metropolitan city is located, in whole or
in part, within an urban county, the Secretary may, upon the joint
request of such city and county, approve the inclusion of the
metropolitan city as part of the urban county for purposes of planning a
joint community development program, meeting the application
requirements of this section, and implementing such program.".
Sec. 102. // 42 USC 5306. // Section 106(g) of the Housing and
Community Development Act of 1974, as redesignated by section 111(d) of
this Act, is amended--,
(1) by striking out "fiscal year 1978, fiscal year 1979, or
fiscal year 1980" and inserting in lieu thereof "any fiscal year";
(2) by striking out "and hold-harmless" wherever it appears;
and
(3) by striking out "(d)(2)" and "(f)(1)(B)" and inserting in
lieu thereof "(c)" and "(e)", respectively.
DETERMINING
COMMUNITY DEVELOPMENT GRANT AMOUNTS FOR URBAN
COUNTIES
Sec. 103. // 42 USC 5306. // Section 106(b)(4) of the Housing and
Community Development Act of 1974 is amended to read as follows:
"(4) In computing amounts or exclusions under this section with
respect to any urban county, there shall be excluded units of general
local government located in the county the populations of which are not
counted in determining the eligibility of the urban county to receive a
grant under this subsection, except that there shall be included any
independent city (as defined by the Bureau of the Census) which--,
"(A) is not part of any county;
"(B) is not eligible for a grant pursuant to subsection (b)(
1);
"(C) is contiguous to the urban county;
"(D) has entered into cooperation agreements with the urban
county which provide that the urban county is to undertake or to
assist in the undertaking of essential community development and
housing assistance activities with respect to such independent
city; and
"(E) is not included as a part of any other unit of general
local government for purposes of this section.
Any independent city which is included in any fiscal year for purposes
of computing amounts pursuant to the preceding sentence shall not be
eligible for a grant under subsection (c) or (e) with respect to such
fiscal year.".
Sec. 104. // 42 USC 5301. // (a) Section 101 of the Housing and
Community Development Act of 1974 is amended--,
(1) by striking out "and" at the end of paragraph (1) of
subsection (a);
(2) by striking out the period at the end of paragraph (2) of
subsection (a) and inserting in lieu thereof ";and";
(3) by adding the following new paragraph at the end of
subsection (a):
"(3) increasing energy costs which have seriously undermined
the quality and overall effectiveness of local community and
housing development activities.";
(4) by striking out "and" at the end of paragraph (2) of
subsection (b);
(5) by striking out the period at the end of paragraph (3) of
subsection (b) and inserting in lieu thereof ";and";
(6) by adding the following new paragraph at the end of
subsection (b):
"(4) concerted action by Federal, State, and local governments
to address the economic and social hardships borne by communities
as a consequence of scarce fuel supplies.";
(7) by striking out "and" at the end of paragraph (7) of
subsection (c);
(8) by striking out the period at the end of paragraph (8) of
subsection (c) and inserting in lieu thereof ";and"; and
(9) by adding the following new paragraph after paragraph (8)
of subsection (c):
"(9) the conservation of the Nation's scarce energy resources,
improvement of energy efficiency, and the provision of alternative
and renewable energy sources of supply.".
(b) Section 104(a) of such Act // 42 USC 5304. // is amended by
adding the following new sentence at the end thereof: " The applicant
may, at the discretion of the applicant, include (as part of the program
summary, formulation, and description requirements described in
paragraphs (1), (2), and (3) of this subsection) comparable information
with respect to the applicant's energy conservation and renewable energy
resource needs and objectives.".
(c) Section 105(a) of such Act // 42 USC 5305. // is amended--,
(1) by striking out paragraph (2) and inserting in lieu thereof
the following:
"(2) the acquisition, construction, reconstruction, or
installation (including design features and improvements with
respect to such construction, reconstruction, or installation
which promote energy efficiency) of public works, facilities and
site or other improvements-including neighborhood facilities,
centers for the handicapped, senior centers, historic properties,
utilities (including power generation and distribution facilities
using renewable resource energy systems), streets, street lights,
water and sewer facilities, foundations and platforms for air
rights sites, pedestrian malls and walkways, and parks,
playgrounds, and recreation facilities (including parks,
playgrounds, and recreational facilities established as a result
of reclamation and other construction activities carried out in
connection with a river and land adjacent thereto where assistance
under other Federal laws or programs is determined to be
unavailable), flood and drainage facilities in cases where
assistance for such facilities under other Federal laws or
programs is determined to be unavailable, and parking facilities,
solid waste disposal facilities, recycling or conversion
facilities,and fire protection services and facilities which are
located in or which serve designated community development
areas;";
(2) by inserting after "rehabilitation" the first time it
appears in paragraph (4) the following: "(including
rehabilitation which promotes energy efficiency)";
(3) by inserting after "education," in paragraph (8) the
following: "energy conservation,";
(4) by inserting after "community economic development" in
paragraph (15) the following: "or energy conservation"; and
(5) by striking out "and" at the end of paragraph (14), by
striking out the period at the end of paragraph (15) and inserting
in lieu thereof "; and", and by adding the following new
paragraph at the end thereof:
"(16) activities necessary to the development of a
comprehensive community-wide energy use strategy, which may
include items such as--,
community
to conserve scarce fuels and encourage use of renewable
energy resources;
the
community's neighborhood revitalization, housing, and
economic
development strategies will support its energy
conservation
strategy;
which
energy conservation objectives will be integrated into
local
government operations, purchasing and service delivery,
capital improvements budgeting, land use planning and
zoning, and traffic control, parking, and public
transportation
functions;
to
foster energy conservation and the use of renewable
energy
resources in the private sector, including the
enactment and
enforcement of local codes and ordinances to encourage
or
mandate energy conservation or use of renewable energy
resources, financial and other assistance to be provided
(principally for the benefit of low- and moderate-income
persons) to make energy conserving improvements to
residential
structures, and any other proposed energy conservation
activities;
responsible
for administering the energy use strategy;
consumption
and the development and use of renewable energy
resources that will result from implementation of the
energy
use strategy.".
(d) Section 105(a)(4) of such Act // 42 USC 5305. // is amended by
inserting ", and including the renovation of closed school buildings"
after "privately owned properties".
(e) Section 105(a) of such Act is amended--,
(1) by inserting after "activities" the first time it appears
in paragraph (14) the following: "(as specifically described in
the application submitted pursuant to section 104)";
// 42 USC 5304. //
and
(2) by inserting after "project" in paragraph (15) the
following: "(as specifically described in the application
submitted pursuant to section 104)".
Sec. 105. (a) Section 104(a)(2) of the Housing and Community
Development Act of 1974 is amended--,
(1) by striking out "including activities," in clause (B) and
inserting in lieu thereof "activities, and objectives, including
activities";
(2) by striking out "and objectives," in clause (B); and
(3) by striking out clause (C) and inserting in lieu thereof
the following: "(C) takes into account the effect of such
activities on the involuntary displacement of low- and
moderate-income persons and takes into account appropriate
environmental factors;".
(b) The Secretary of Housing and Urban Development shall continue the
study on involuntary displacement conducted under section 902 of the
Housing and Community Development Amendments of 1978 // 42 USC 5313 //
and shall transmit, not later than March 30, 1981, a report to the
Congress which shall contain (1) data collected since the initial report
submitted under such section 902, and (2) further recommendations on
minimizing involuntary displacement and alleviating problems caused by
such displacement.
Sec. 106. (a) The second sentence of section 103(a)(1) of the
Housing and Community Development Act of 1974 // 42 USC 5303. // is
amended to read as follows: " There are authorized to be appropriated
for these purposes not to exceed $3,810,000,000 for the fiscal year
1981, not to exceed $3,960,000,000 for the fiscal year 1982, and not to
exceed $4,110,000,000 for the fiscal year 1983.".
(b) Section 103(a)(2) of such Act is amended to read as follows:
"(2) Of the amounts approved in appropriation Acts pursuant to
paragraph (1), $275,000,000 for the fiscal year 1981 shall be added to
the amount available for allocation under section 106(c) // 42 USC 5307.
// and shall not be subject to the provisions of section 107.".
(c) Section 103(c) of such Act // 42 USC 5303. // is amended to read
as follows:
"(c) There are authorized to be appropriated for supplemental grant
assistance under section 119 amounts aggregating not to exceed
$1,475,000,000 for fiscal years prior to the fiscal year 1981, and an
additional amount not to exceed $675,000,000 for each of the fiscal
years 1981, 1982, and 1983.".
Sec. 107. Section 107(a) of the Housing and Community Development
Act of 1974 // 42 USC 5307. // is amended by striking out "of authority
to enter into contracts approved in appropriation Acts // 42 USC 5303.
// under section 103(a)(1) for each of the fiscal years 1975, 1976,
1977, 1978, 1979, and 1980, an amount equal to 3 per centum thereof
shall" and inserting in lieu thereof "approved in appropriation Acts
under section 103(a)(1) for each of the fiscal years 1981, 1982, and
1983, not more than $104,000,000 for fiscal year 1981, not more than
$104,000,000 for fiscal year 1982, and not more than $107,000,000 for
fiscal year 1983, may".
Sec. 108. Section 108 of the Housing and Community Development Act
of 1974 // 42 USC 5308. // is amended--,
(1) by inserting after "commitments to guarantee" in the first
sentence of subsection (a) the following: ", only to such extent
or in such amounts as provided in appropriation Acts,";
(2) by adding the following new sentence at the end of
subsection (a): " During fiscal year 1981, the Secretary may not
enter into commitments to guarantee under this section notes and
other obligations with an aggregate principal amount in excess of
$300,000,000."; and
(3) by striking out " Notwithstanding any other provision of
this section, the" in subsection (k) and inserting in lieu thereof
" The".
COMMUNITIES
Sec. 109. Section 104(d) of the Housing and Community Development
Act of 1974 // 42 USC 5304. // is amended--,
(1) by striking out " Prior to the beginning of fiscal year
1977 and each fiscal year thereafter, each" in the first sentence
and inserting in lieu thereof " Each";
(2) by inserting after the first sentence the following new
sentence: " The performance report shall be submitted annually
prior to the beginning of each fiscal year, except that a grantee
which receives a grant made pursuant to subsection (c) or (e) of
section 106 which the Secretary determines does not fund a
comprehensive community development program may submit a report
with respect to such grant less frequently than annually as
determined by the Secretary."; and
(3) by inserting "(or less frequently as the Secretary
determines appropriate in the case of a grant for which a report
is submitted less frequently than annually in accordance with the
second sentence of this paragraph)" after "at least on an annual
basis" in the third sentence.
Sec. 110. (a) Section 119(c) of the Housing and Community
Development Act of 1974 // 42 USC 5318. // is amended by--,
(1) by striking out "and" at the end of paragraph (5);
(2) by striking out the period at the end of paragraph (6) and
inserting in lieu thereof "; and"; and
(3) by adding the following new paragraph after paragraph (6);
"(7) include (A) an identification of all properties, if any,
which are included on the National Register of Historic Places and
which, as determined by the applicant, will be affected by the
project for which the application is made; (B) an identification
of all other properties, if any, which will be affected by such
project and which, as determined by the applicant, may meet the
criteria established by the Secretary of the Interior for
inclusion on such Register, together with documentation relating
to the inclusion of such properties on the Register; and (C) a
description of the effect as determined by the applicant, of the
project on the properties identified pursuant to clauses (A) and
(B).".
(b) Section 119 of such Act is amended by adding the following new
subsection at the end thereof:
"(n) In the case of any application which identifies any property in
accordance with subsection (c)(7)(B), the Secretary may not commit funds
with respect to an approved application unless the applicant has
certified to the Secretary that the appropriate State historic
preservation officer and the Secretary of the Interior have been
provided an opportunity to take action in accordance with the provisions
of section 121(b).".
(c) Title I of such Act is amended by adding the following new
section at the end thereof:
" Sec. 121. // 42 USC 5320. // (a) With respect to applications for
assistance under section 119, // 42 USC 5318. // the Secretary of the
Interior, after consulting with the Secretary, shall prescribe and
implement regulations concerning projects funded under section 119 and
their relationship with--,
"(1) ' An Act to establish a program for the preservation of
additional historic properties throughout the Nation, and for
other purposes', approved October 14, 1966,
// 16 USC 470. // as amended; and
"(2) ' An Act to provide for the preservation of historical and
archaeological data (including relics and specimens) which might
otherwise be lost as a result of the construction of a dam',
approved June 27, 1960,
// 16 USC 469. // as amended.
"(b) In prescribing and implementing such regulations with respect to
applicants submitted under section 119 // 42 USC 5318. // which
identify any property pursuant to subsection (c)(7)(B) of such section,
the Secretary of the Interior shall provide at least that--,
"(1) the appropriate State historic preservation officer (as
determined in accordance with regulations prescribed by the
Secretary of the Interior) shall, not later than 45 days after
receiving information from the applicant relating to the
identification of properties which will be affected by the project
for which the application is made and which may meet the criteria
established by the Secretary of the Interior for inclusion on the
National Register of Historic Places (together with documentation
relating to such inclusion), submit his or her comments, together
with such other information considered necessary by the officer,
to the applicant concerning such properties; and
"(2) the Secretary of the Interior shall, not later than 45
days after receiving from the applicant the information described
in paragraph (1) and the comments submitted to the applicant in
accordance with paragraph (1), make a determination as to whether
any of the properties affected by the project for which the
application is made is eligible for inclusion on the National
Register of Historic Places.
"(c) The Advisory Council on Historic Preservation shall prescribe
regulations providing for expeditious action by the Council in making
its comments under section 106 of the Act referred to in subsection
(a)(1) in the case of properties which are included on, or eligible for
inclusion on, the National Register of Historic Places and which are
affected by a project for which an application is made under section
119.". // 42 USC 5318. //
Sec. 111. (a) Section 102 of the Housing and Community Development
Act of 1974 // 42 USC 5302. // is amended by striking out " Office of
Management and Budget" each place it appears in paragraphs (3), (4), and
(8) of subsection (a) and in subsection (b) and inserting in lieu
thereof " Department of Commerce".
(b) Section 103 of such Act // 42 USC 5303. // is amended by
striking out subsection (e).
(c) Section 104 of such Act // 42 USC 5304. // is amended--,
(1) by striking out "106(a)" in the first sentence of
subsection (c) and inserting in lieu thereof "106(b)"; and
(2) by striking out "(d)(2)" and "(f)(1)(B)" wherever they
appear in subsections (d) and (e) and inserting in lieu thereof
"(c)" and "(e)", respectively.
(d) Section 106 of such Act // 42 USC 5306. // is amended by
striking out subsections (c), (g), (h), (i), (j), and (l) and
redesignating subsections (d), (e), (f), (k), and (m) as subsections
(c), (d), (e), (f), and (g), respectively.
(e) The second sentence of section 106(a) of such Act is amended--,
(1) by striking out "subsections (c) and (e)" and inserting in
lieu thereof "subsection (d)"; and
(2) by striking out "aggregate", "the greater of" and "or its
hold-harmless amount computed pursuant to subsection (g)".
(f) Section 106(c) of such Act, as redesignated by subsection (d) of
this section, is amended--,
(1) by striking out "allocated by the Secretary, first, for
grants to metropolitan cities, urban counties, and other units of
general local government within metropolitan areas to meet their
holdharmless needs as determined under subsections (g) and (h),
and second, in accordance with the provisions of paragraph (2).
"(2) Any portion of such amounts which remains after applying
the provisions of paragraph (1) shall be";
(2) by redesignating paragraph (3) as paragraph (2);
(3) by striking out "paragraph (2)" wherever it appears in
paragraph (2), as redesignated by paragraph (2) of this
subsection, and inserting in lieu thereof "paragraph (1)";
(4) by striking out the second sentence of paragraph (2), as
redesignated; and
(5) by striking out in the final sentence of paragraph (2), as
redesignated, ", Indian tribes, and units of general local
government which are entitled to hold-harmless grants pursuant to
subsection (h)" and inserting in lieu thereof "and Indian tribes".
(g) Section 106(e) of such Act, as redesignated by subsection (d) of
this section, is amended--,
(1) by striking out in the first sentence of paragraph (1) the
following: "allocated by the Secretary--,
government
outside of metropolitan areas to meet their
hold-harmless
needs as determined under subsection (h); and
shall be";
(2) by striking out "(i)" and "(ii)" in the first sentence of
paragraph (1) and inserting in lieu thereof "(A)" and "(B)",
respectively, and by striking out "(I)", "(II)", and "(III)"
wherever they appear in such sentence and inserting in lieu
thereof "(i)", "(ii)", and "(iii)", respectively;
(3) by striking out "clause (i) of subparagraph (B)" and
"clause (ii) of subparagraph (B)" in the second sentence of
paragraph (1) and inserting in lieu thereof "subparagraph (A)",
and "subparagraph (B)", respectively;
(4) by striking out "subparagraph (B)" in the third sentence of
paragraph (1) and inserting in lieu thereof "this paragraph", and
by striking out "such subparagraph" wherever it appears in such
sentence and inserting in lieu thereof "such paragraph";
(5) by striking out the second sentence of paragraph (2);
(6) by striking out "paragraph (1)(B)" wherever it appears in
paragraph (2) and inserting in lieu thereof "paragraph (1)";
(7) by striking out "units of general local government which
are entitled to hold-harmless grants pursuant to subsection (h)
and" in the last sentence of paragraph (2); and
(8) by striking out "paragraph (1)(B)" in the first sentence of
paragraph (3) and inserting in lieu thereof "paragraph (1)".
(h) Section 116 of such Act // 42 USC 5316. // is amended--,
(1) by striking out subsections (b), (f), and (h), and by
redesignating subsection (g) as subsection (b); and
(2) by striking out in subsection (b), as redesignated, "or
from a unit a general local government for a grant pursuant to
section 106(h)".
Sec. 112. Section 106(d) of the Housing and Community Development
Act of 1974, as redesignated by section 111(d) of this Act, is amended
by striking out "first," and all that follows through the period at the
end of the first sentence and inserting in lieu thereof the following:
"first, in any metropolitan area in the same State, with a preference
for units of general local government in the same metropolitan area to
which such funds were originally allocated, and second, in any other
metropolitan area.".
Sec. 113. // 42 USC 5313 // The Secretary of Housing and Urban
Development shall not later than January 1, 1983, report to the Congress
with respect to the adequacy, effectiveness, and equity of the formula
used for allocation of funds under title I of the Housing and Community
Development Act of 1974, // 42 USC 5301. // with specific analysis and
recommendations concerning the manner in which such formula is or could
be affected by the data derived from the 1980 decennial census.
Sec. 114. (a) Section 312(c)(4) of the Housing Act of 1964 // 42 USC
1425b. // is amended--,
(1) by striking out in subparagraph (A) "$27,000" and inserting
in lieu thereof "$33,500";
(2) by inserting "(i)" after "secured by such property" in
subparagraph (A);
(3) by inserting ", and (ii) if the Secretary determines that
such refinancing is necessary and appropriate" before the
semicolon at the end of subparagraph (A);
(4) by striking out "and" at the end of subparagraph (A);
(5) by redesignating subparagraph (B) as subparagraph (D);
and
(6) by inserting after subparagraph (A) the following:
"(B) in the case of residential property in which some or all
of the dwelling units do not contain kitchen facilities and to
which there is connected a central dining facility where meals can
be served to the occupants of such residential property, $25,000
per dwelling unit;
"(C) in the case of residential property in which some or all
of the dwelling units do not contain bathroom or kitchen
facilities, $15,000 per dwelling unit; and".
(b) Section 312(d) of such Act is amended--,
(1) by striking out "and not to exceed $140,000,000 for the
fiscal year beginning on October 1, 1979" in the first sentence
and inserting in lieu thereof "not to exceed $140,000,000 for the
fiscal year beginning on October 1, 1979, not to exceed
$144,000,000 for the fiscal year beginning on October 1, 1980, and
not to exceed $129,000,000 for the fiscal year beginning on
October 1, 1981";
(2) by inserting the following before the period at the end of
the third sentence thereof: ", and not more than $210,000,000 may
be approved in appropriation Acts for such loans with respect to
the fiscal year beginning on October 1, 1980"; and
(3) by striking out the fourth and fifth sentences and
inserting in lieu thereof the following: " Of the amount
available for loans under this section during any fiscal year
beginning on or after October 1, 1980, the Secretary may utilize
not more than one--, third for rehabilitation loans for
multifamily properties.".
(c) Section 312(f) of such Act // 42 USC 1452b. // is amended by
inserting before the period at the thereof the following: ", except
that the Secretary may not delegate to any agency or organization
outside the Department of Housing and Urban Development the authority to
determine whether to permit refinancing of existing indebtedness under
subsection (c)(4)(A)".
(d) Section 312(h) of such Act is amended--,
(1) by striking out " October 15, 1980" and inserting in lieu
thereof " September 30, 1982"; and
(2) by striking out " October 16, 1980" and inserting in lieu
thereof " October 1, 1982".
Sec. 115. The first sentence of section 705 of the Housing and
Community Development Amendments of 1978 // 42 USC 8124. // is amended
by inserting after "1980" the following: ", and not to exceed
$10,000,000 for the fiscal year 1981".
Sec. 116. The first sentence of section 810(h) of the Housing and
Community Development Act of 1974 // 12 USC 1706e. // is amended by
striking out "subsection (c)" and inserting in lieu thereof "subsections
(c) and (g)".
ISLANDS, AND
INDIAN TRIBES
Sec. 117. (a) Section 119 of the Housing and Community Development
Act of 1974 // 42 USC 5318. // is amended by adding the following new
subsection at the end thereof:
"(o)(1) For the purpose of carrying out this section, the term 'city'
includes Guam, the Virgin Islands, and Indian tribes.
"(2) The application requirements--,
"(A) of section 104,
// 42 USC 5304. //
and
"(B) of subsection (c)(2) of this section, to the extent such
subsection requires a concentrated urban development action
program to be consistent with the program and plan described in
paragraphs (2) and (4) of section 104(a),
shall not apply to applications by Guam, the Virgin Islands, or Indian
tribes for assistance under this section.
"(3) Grants may be made under this section to Guam, the Virgin
Islands, or an Indian tribe only with respect to fiscal years for which
Guam, the Virgin Islands, or such Indian tribe, as the case may be, has
submitted an application meeting requirements prescribed pursuant to
section 107. // 42 USC 5307. //
"(4) The Secretary may not approve a grant to an Indian tribe unless
such Indian tribe--,
"(A) is located on a reservation or in an Alaskan Native
Village; and
"(B) is an eligible recipient under the State and Local Fiscal
Assistance Act of 1972.".
// 31 USC 1221 //
(b) Section 107(d) of such Act is amended by inserting "under this
title" after " Indian tribe" in the first sentence.
Sec. 201. (a) Section 5(c) of the United States Housing Act of 1937
// 42 USC 1437c. // is amended to read as follows:
"(c)(1) The Secretary may enter into contracts for annual
contributions aggregating not more than $7,875,049,000 per annum, which
amount shall be increased by $1,494,400,000 on October 1, 1980. The
additional authority to enter into such contracts provided on or after
October 1, 1980, shall be effective only in such amounts as may be
approved in appropriation Acts; in addition, the aggregate amount which
may be obligated, with respect to the additional authority provided on
October 1, 1980, over the duration of the contracts may not exceed
$31,200,000,000. The Secretary, in utilizing the additional authority
to enter into such contracts provided on and after October 1, 1980,
shall administer the programs authorized by this Act to provide
assistance, to the maximum extent practicable, consistent with section
213(d) of the Housing and Community Development Act of 1974.
"(2)(A) Of the additional authority approved in appropriation Acts
and made available on October 1, 1980, the Secretary shall enter into
contracts aggregating at least $100,000,000 for assistance to projects
under section 14.
"(B) Of the balance of such additional authority approved in
appropriation Acts and made available on October 1, 1980, which remains
after deducting the amount to be provided for assistance to projects
under section 14, the Secretary may not enter into contracts
aggregating--,
"(i) more than 37.5 per centum of such balance for existing
units assisted under section 8,
// 42 USC 1437f. //
including assistance provided under subsection (j) of such
section; and
"(ii) more than 62.5 per centum of such balance for newly
constructed and substantially rehabilitated units assisted under
this Act, of which not more than $265,800,000 shall be made
available for such units assisted under this Act other than
section 8.
"(3) The Secretary shall enter into only such new contracts for
preliminary loans as are consistent with the number of dwelling units
for which contracts for annual contributions may be entered into.
"(4) The full faith and credit of the United States is solemnly
pledged to the payment of all annual contributions contracted for
pursuant to this section, and there are hereby authorized to be
appropriated in each fiscal year, out of any money in the Treasury not
otherwise appropriated, the amounts necessary to provide for such
payments.
"(5) All payments of annual contributions pursuant to this section
shall be made out of any funds available for purposes of this Act when
such payments are due, except that funds obtained through the issuance
of obligations pursuant to section 4(b) // 42 USC 1437b. // (including
repayments or other realizations of the principal of loans made out of
such funds) shall not be available for the payment of such annual
contributions.".
(b) Section 9(c) of such Act // 42 USC 1437g. // is amended--,
(1) by striking out "and" immediately after "on or after
October 1, 1978,"; and
(2) by inserting immediately before the period at the end
thereof the following: ", and not to exceed $826,000,000 on or
after October 1, 1980".
(c) Section 6(b) of such Act // 42 USC 1437d. // is amended--,
(1) by inserting the following before the period at the end of
the second sentence: "; except that, for projects to be
constructed as a result of assistance provided under this Act and
which are to be located on Indian reservations or in Alaskan
Native villages, the Secretary shall determine and make the
prototype costs available within a reasonable time prior to the
beginning of each construction season as is determined to be
appropriate for the area in which the project is to be located";
and
(2) by striking out "and" at the end of clause (6) of the third
sentence, and by adding the following before the period at the end
of such sentence: ", and (8) with respect to remote areas such as
may be found in connection with projects developed under the
Indian and Alaskan Native housing program assisted under this Act,
the extensive transportation required to provide the necessary
labor, materials, and equipment to the project site and any
additional conditions that the Secretary determines should be
taken into consideration under clauses (1) through (7) for such
projects".
(d) Section 9(a)(1) of such Act // 42 USC 1437g. // is amended by
striking out "and" before "(B)" in the second sentence, and by inserting
the following before the period at the end of the second sentence: ",
and (C) with respect to housing projects developed under the Indian and
Alaskan Native housing program assisted under this Act, to provide funds
(in addition to any other operating costs contributions approved by the
Secretary under this section) as determined by the Secretary to be
required to cover the administrative costs to an Indian housing
authority during the development period of a project approved pursuant
to section 5 // 42 USC 1437c. // and until such time as the project is
occupied".
(e) Section 6(c)(4)(A) of such Act // 42 USC 1437d. // is amended by
inserting immediately after "(A)" the following: "except for projects
or portions of projects specifically designated for elderly families
with respect to which the Secretary has determined that application of
this clause would result in excessive delays in meeting the housing
needs of such families,".
PROGRAM
Sec. 202. (a) The United States Housing Act of 1937 is amended by
adding the following new section at the end thereof:
" Sec. 14. // 42 USC 1437l. // It is the purpose of this section to
provide assistance--,
"(1) to improve the physical condition of existing public
housing projects, and
"(2) to upgrade the management and operation of such projects,
in order to assure that such projects continue to be available to serve
low-income families.
"(b) The Secretary may make available and contract to make available
financial assistance (in such amounts as are authorized pursuant to
section 5(c) and as may be approved in appropriations Acts) to public
housing agencies for the purpose of improving the physical condition of
existing low-rent public housing projects and for upgrading the
management and operation of such projects to the extent necessary to
maintain such physical improvements.
"(c) Assistance under subsection (b) may be made available only for
low-rent housing projects which--,
"(1) are owned by public housing agencies;
"(2) are operated as rental housing projects and receive
assistance under section 5(c) or section 9 of this Act;
// 42 USC 1437g. //
"(3) are not assisted under section 8 of this Act;
// 42 USC 1437f. //
and
"(4) meet such other requirements consistent with the purposes
of this section as the Secretary may prescribe.
"(d) Except as provided in subsection (e)(4), no assistance may be
made available under subsection (b) unless the Secretary has approved an
application from the public housing agency which has been developed in
consultation with appropriate local officials and with tenants of the
housing projects for which assistance is requested. Such application
shall contain at least--,
"(1) a comprehensive assessment of (A) the current physical
condition of each project for which assistance is requested, and
(B) the physical improvements necessary for each such project to
meet the standards established by the Secretary pursuant to
subsection (j);
"(2) an identification, for each such project, of the equipment
systems or structural elements which would normally be replaced
(assuming routine and timely maintenance is performed) over the
remaining period of the annual contributions contract or during
the 30-year period beginning on the date of submission of the
application, whichever period is longer;
"(3) a comprehensive assessment of the improvements needed to
upgrade the management and operation of each such project so that
decent, safe, and sanitary living conditions will be provided in
such projects; such assessment shall include at least an
identification of needs related to--,
to
each project eligible for assistance under this section;
management
and operation of such projects) for each category of
employment; and
Secretary;
and
"(4) a plan for making the improvements and replacements, and
for meeting the needs, described in paragraphs (1), (2), and (3);
such plan shall include at least--,
completed,
over a period of not greater than 5 years from the date
of
approval of such application by the Secretary, within
each
12-month period covered by such plan and which are
necessary--,
in
subparagraph (A);
of the
items identified for each such project pursuant to
paragraph
(2) over the remaining period of the annual
contributions
contract or during the 30-year period beginning on the
date
of submission of the application, whichever period is
longer,
including an estimate of the amount of funds necessary
to
fund the costs which have accrued for the period which
ends
upon the date on which the application is made, and an
estimate of the costs which will accrue during
each 12-month
period subsequent to such application;
each 12-month
period covered by such plan, excluding costs
described in subparagraphs (B) and (C); and
the
public housing agency (to the extent the resources of
the
agency relate to such project), and the amounts of
assistance
which are being requested pursuant to subsection (b) for
each 12-month period covered by the plan.
"(e) The amount of financial assistance made available under
subsection (b) to any public housing agency with respect to any year may
not exceed the sum of--,
"(1) an amount determined by the Secretary to be necessary to
undertake the actions specified for such year in the schedule
submitted pursuant to subsection (d)(4)(A);
"(2) the amount determined necessary by the Secretary to fund
the replacement costs which have been identified pursuant to
subsection (d)(4)(C) for each project, which have accrued for the
period ending at the beginning of such year, and for which payment
under subsection (b) has not been made previously;
"(3) the amount determined necessary by the Secretary to
reimburse the public housing agency for the cost of developing the
plan described pursuant to subsection (d)(4), less any amount
which has been provided such public housing agency with respect to
such year under paragraph (4); and
"(4) in the case of a public housing agency which meets such
criteria of financial distress as are established by the Secretary
and which has submitted the information described in paragraphs
(1), (2), and (3) of subsection (d), the amount determined
necessary by the Secretary to enable such agency to develop the
plan described pursuant to subsection (d)(4);
except that not more than 5 per centum of the total amount utilized for
annual contributions contracts under subsection (b) in any year shall be
made available for the purposes described in paragraphs (3) and (4).
"(f) Where an application made pursuant to this section proposes
demolition of any low-rent housing project or any portion of such a
project, the Secretary may not approve such application unless the
Secretary determines that--,
"(1) timely replacement of the units in such project will be
undertaken by the public housing agency;
"(2) the total cost of providing such replacement housing is
less than the total cost of rehabilitation of such project, except
that the Secretary may waive such requirement where the Secretary
determines that the demolition is necessary to meet the purposes
of this section; and
"(3) low-income families displaced by such proposed demolition
will be provided with decent, safe, sanitary, and affordable
housing.
"(g) No assistance shall be made available to a public housing agency
pursuant to subsection (b) for any year subsequent to the first year for
which such assistance is made available to such agency unless the
Secretary has determined that such agency has made substantial efforts
to meet the objectives for the preceding year under the plan described
in subsection (d)(4) and approved by the Secretary.
"(h) In making assistance available under subsection (b), the
Secretary shall give preference to public housing agencies--,
"(1) which request assistance for projects (A) having
conditions which threaten the health or safety of the tenants, or
(B) having a significant number of vacant, substandard units; and
"(2) which have demonstrated a capability of carrying out the
activities proposed in the plan submitted by the agency pursuant
to subsection (d)(4) and approved by the Secretary.
"(i)(1) In addition to assistance made available under subsection
(b), the Secretary may, without regard to the requirements of
subsections (c), (d), (e), (g), and (h), make available and contract to
make available financial assistance (in such amounts as are authorized
pursuant to section 5(c) and as approved in appropriation Acts) to any
public housing agency in an amount which the Secretary determines is
necessary to meet emergency or special purpose needs. Such needs shall
be limited to--,
"(A) correcting conditions which threaten the health or safety
of the tenants of any project (i) which is described in subsection
(c), and (ii) with respect to which an application for assistance
pursuant to subsection (d) has not been approved by the Secretary;
"(B) correcting conditions (i) which threaten the health or
safety of the tenants of any project with respect to which an
application for assistance pursuant to subsection (d) has been
approved, and (ii) which were unanticipated at the time of the
development of such application;
"(C) correcting conditions which threaten the health or safety
of the occupants of any low-income housing project not described
in subsection (c)
// 42 USC 1437f. //
and not assisted pursuant to section 8; or
"(D) physical improvements needs which (i) would not otherwise
be eligible for assistance under this section, and (ii) pertain to
any low-income housing project other than a project assisted under
section 8.
"(2) The Secretary may issue such rules and regulations as may be
necessary to carry out this subsection.
"(j)(1) The Secretary may issue such rules and regulations as may be
necessary to carry out the provisions and purposes of this section.
"(2) The Secretary shall issue rules and regulations establishing
standards which provide for decent, safe, and sanitary living conditions
in low-rent public housing projects and for energy conserving
improvements in such projects and which, to the extent practicable, are
consistent with the Minimum Property Standards for Multi-Family Housing
as they reasonably would be applied to existing housing, except that the
Secretary may establish higher standards on a project-by-project basis
in such cases where the Secretary deems such higher standards
appropriate for futhering the purposes of this section.".
(b) Section 13 of such Act // 93 Stat. 1109. // is amended--,
(1) by striking out subsection (a); and
(2) by striking out "(b)" in subsection (b).
(c) Section 6(f) of such Act // 42 USC 1437d. // is amended by
inserting "pursuant to section 14" after "modifications" in the first
and second sentences thereof.
(d) Section 213(d)(1) of the Housing and Community Development Act of
1974 // 42 USC 1439. // is amended by striking out "modernization of
low-income housing projects" and inserting in lieu thereof "carrying out
section 14 of such Act".
Sec. 203. (a) Section 8(c)(1) of the United States Housing Act of
1937 // 42 USC 1437f. // is amended by adding the following new
sentence after the second sentence: " In the case of newly constructed
and substantially rehabilitated units, the exception in the preceding
sentence shall not apply to more than 20 per centum of the total amount
of authority to enter into annual contributions contracts for such units
which is allocated to an area and obligated with respect to any fiscal
year beginning on or after October 1, 1980.".
(b) Section 8(e)(5) of such Act is amended by inserting the following
new sentence after the second sentence thereof: " Notwithstanding
subsection (c)(1) of this section, the Secretary may, in carrying out
the preceding sentence, establish a maximum monthly rent (for units
upgraded pursuant to this paragraph) which exceeds the fair market
rental by not more than 20 per centum if such units are located in an
area where the Secretary finds cost levels so require, except that the
Secretary may approve maximum monthly rents which exceed the fair market
rentals by more than 20 but not more than 30 per centum where the
Secretary determines that special circumstances warrant such higher rent
or where necessary to the implementation of a local housing assistance
plan.".
Sec. 204. (a) The first sentence of section 201(h) of the Housing
and Community Development Amendments of 1978 // 12 USC 1715z-1a. // is
amended--,
(1) by striking out "and" after "the fiscal year 1979,"; and
(2) by inserting before the period at the end thereof the
following: ", and not to exceed $31,100,000 for the fiscal year
1981".
(b) Section 236(f)(3)(B) of the National Housing Act // 12 USC
1715z-1. // is amended--,
(1) by striking out " October 15, 1980" in the third sentence
and inserting in lieu thereof " September 30, 1981"; and
(2) by striking out "on or after October 1, 1978," in the first
sentence and all that follows through " October 31, 1978,".
Sec. 205. Section 101(1) of the Housing and Urban Development Act of
1965 // 12 USC 1701s. // is amended--,
(1) by striking out "may" the first time it appears in the
first sentence and inserting in lieu thereof "shall, not later
than 4 years after the date of enactment of the Housing and
Community Development Act of 1980,";
(2) by inserting the following new sentence after the first
sentence thereof: " In amending such contracts, the Secretary
shall provide that the housing with respect to which payments are
made under this section be maintained as low- and moderate-income
housing during the term of the original contract."; and
(3) by striking out "preceding" in the second sentence and
inserting in lieu thereof "the first sentence of this paragraph".
Sec. 206. (a) Section 235 of the National Housing Act // 12 USC
1715z. // is amended--,
(1) by striking out "$32,000", "$38,000", "$38,000", and
"$44,000" in the last proviso in subsection (b)(2) and inserting
in lieu thereof "$40,000", "$47,500", and "$47,500", and
"$55,000", respectively;
(2) by striking out "$32,000", "$38,000", "$38,000", and
"$44,000", wherever they appear in subsections (i)(3)(B) and (i)(
3)(C), and inserting in lieu thereof "$40,000", "$47,500",
"$47,500", and "$55,000", respectively;
(3) by striking out "$44,000", and "$49,000" in subsection
(i)(3)(D) and inserting in lieu thereof "$55,000", and "$31,250",
respectively;
(4) by adding at the end thereof the following new subsection:
"(p) The Secretary may insure a mortgage under this section involving
a principal obligation which exceeds, by not more than 10 per centum,
the maximum limits specified under subsection (b)(2) or (i)(3) of this
section, or, if applicable, the maximum principal obligation insurable
pursuant to subsection (o) of this section, if the mortgage relates to a
dwelling to be occupied by a physically handicapped person and the
Secretary determines that such action is necessary to reflect the cost
of making such dwelling accessible to and usable by such person.".
(b)(1) Subsection (c) of such section is amended--,
(A) by inserting "(1)" after "(c)";
(B) by redesignating paragraphs (1) and (2) of such subsection
as subparagraphs (A) and (B), respectively; and
(C) by adding the following new paragraph at the end of such
subsection:
"(2)(A) Upon disposition by the homeowner of any property assisted
pursuant to this section or where the homeowner ceases for a period of
90 continuous days or more making payments required under the mortgage,
loan, or advance of credit secured by such a property, or rents such a
property (or the owner's unit in the case of a two- to four-family
property) for a period longer than one year, the Secretary shall provide
for the recapture of an amount equal to the lesser of (i) the amount of
assistance actually received under this section, other than any amount
provided under subsection (e), or (ii) an amount equal to at least 50
per centum of the net appreciation of the property, as determined by the
Secretary. For the purpose of this paragraph, the term 'net
appreciation of the property' means any increase in the value of the
property over the original purchase price, less the reasonable costs of
sale, the reasonable costs of improvements made to the property, and any
increase in the mortgage balance due to the mortgage being insured
pursuant to section 245. // 12 USC 1715z-10. // Notwithstanding any
other provision of law, any such assistance shall constitute a debt
secured by the property to the extent that the Secretary may provide for
such recapture.
"(B) Subparagraph (A) does not apply to any property with respect to
which there is assumption in accordance with paragraph (1) of this
subsection or to any property which is subject to a mortgage, loan, or
other advance of credit insured pursuant to subsection (q).".
(2) The amendment made by paragraph (1) // 12 USC 1715z // does not
apply to any assistance contract under section 235 of the National
Housing Act // 12 USC 1715z. // entered into pursuant to a commitment
issued within 6 months following the date of enactment of this Act.
(c)(1) The Secretary of Housing and Urban Development shall conduct a
study of the effects which the application of subsection (n) // 12 USC
1715z // of section 235 of the National Housing Act has had or is likely
to have on the program established by subsection (a) of such section.
If the program established by subsection (q) of such section is
implemented, the Secretary shall include in the study an analysis of the
effects on the subsection (q) program of the application of subsection
(n) to such program.
(2) The Secretary shall transmit to the Congress, not later than
January 1, 1982, a report containing the findings and conclusions of the
study described in paragraph (1).
Sec. 207. Section 235 of the National Housing Act // 12 USC 1715z.
// is amended by adding at the end thereof the following:
"(q)(1) Notwithstanding any other provision of this section, except
subsection (n), if the Secretary determines that there is a substantial
need for emergency stimulation of the housing market, the Secretary is
authorized to make and enter into contracts to make periodic assistance
payments, to the extent of not to exceed 75 per centum of the authority
available pursuant to subsection (h)(1), on behalf of homeowners,
including owners of manufactured homes, to mortgagees or other lenders
holding mortgages, loans, or advances of credit which meet the
requirements of this subsection. The Secretary may establish such
criteria, terms, and conditions relating to homeowners and mortgages,
loans, or advances of credit assisted under this subsection as the
Secretary deems appropriate, consistent with the provisions of this
subsection. The Secretary is authorized to insure a mortgage which
meets the requirements of and is to be assisted under this subsection.
The authority to enter into contracts to provide assistance payments and
to insure mortgages under this subsection shall terminate on June 1,
1981, or at such earlier date as the Secretary may deem appropriate,
upon a determination by the Secretary that the conditions which gave
rise to the exercise of authority under this subsection are no longer
present, except pursuant to a commitment entered into prior to such
date.
"(2) Payments under this subsection may be made only on behalf of a
homeowner who satisfies such eligibility requirements as may be
prescribed by the Secretary and who--,
"(A)(i) is a mortgagor under a mortgage which meets the
requirements of and is insured under this subsection, or (ii) is
the original owner of a new manufactured home consisting of two or
more modules and a lot on which the manufactured home is situated,
where insurance under section 2 of this Act
// 12 USC 1703. //
covering the loan, advance of credit, or purchase of an obligation
representing such loan or advance of credit to finance the
purchase of such manufactured home and lot has been granted to the
lender making such loan, advance of credit, or purchase of an
obligation; and
"(B) has a family income, at the time of initial occupancy,
which does not exceed 130 per centum of the area median income for
the area (with adjustments for smaller and larger families,
unusually high or low median family income, or other factors), as
determined by the Secretary.
"(3) Assistance payments to a mortgagee or other lender by the
Secretary on behalf of a homeowner shall be made only during such time
as the homeowner shall continue to occupy the property which secures the
mortgage, loan, or advance of credit. The Secretary may, where a
mortgage insured under this subsection has been assigned to the
Secretary, continue making such assistance payments.
"(4) The amount of the assistance payments in the case of a mortgage
shall not at any time exceed the lesser of--,
"(A) the balance of the monthly payment for principal,
interest, taxes, insurance, and any mortgage insurance premium due
under the mortgage remaining unpaid after applying a minimum of 25
per centum of the mortgagor's income, except that the Secretary
may reduce such per centum of income to the extent he deems
necessary, but not lower than 20 per centum of the mortgagor's
income; or
"(B) the difference between the amount of the monthly payment
for principal, interest, and nay mortgage insurance premium which
would be required if the mortgage were a level payment mortgage
bearing interest at a rate equal to the maximum interest rate
which is applicable to level payment mortgages insured under
section 203(b),
// 12 USC 1709. //
other than mortgages subject to section 3(a)(2) of Public Law 90 -
301, and the monthly payment for principal and interest which the
mortgagor would be obligated to pay if the mortgage were a level
payment mortgage bearing interest at the rate of at least 9 per
centum per annum.
"(5) Assistance payments on behalf of the owner of a manufactured
home shall not at any time exceed the lesser of--,
"(A) the balance of the monthly payment for principal,
interest, real and personal property taxed, insurance, and
insurance premium chargeable under section 2 of this Act
// 12 USC 1703. //
due under the loan or advance of credit remaining unpaid after
applying a minimum of 25 per centum of the manufactured
homeowner's income, except that the Secretary may reduce such per
centum of income to the extent he deems necessary, but not lower
than 20 per centum of the mortgagor's income; or
"(B) the difference between the amount of the monthly payment
for principal, interest, and insurance premium chargeable under
section 2 of this Act which the manufactured homeowner is
obligated to apy under the loan or advance of credit and the
monthly payment of principal and interest which the owner would be
obligated to pay if the loan or advance of credit were to bear an
interest rate determined by the Secretary which shall not be less
than 12 per centum per annum.
"(6) The Secretary may include in the payment to the mortgagee or
other lender such amount, in addition to the amount computed under
paragraph (4) or (5), as the Secretary deems appropriate to reimburse
the mortgagee or other lender for its reasonable and necessary expenses
in handling the mortgage, loan, or advance of credit.
"(7) The Secretary shall prescribe such regulations as the Secretary
deems necessary to assure that the sales price of, or other
consideration paid in connection with, the purchase by a homeowner of
the property with respect to which assistance payments are to be made is
not greater than the appraised value as determined by the Secretary.
"(8) Assistance payments pursuant to paragraph (5) shall not be made
with respect to more than 20 per centum of the total number of units
with respect to which assistance is approved under this subsection.
"(9) The Secretary may, in addition to mortgages insured under
subsection (i), or (j), insure, upon application by the mortgagee, a
mortgage executed by a mortgagor who meets the eligibility requirements
for assistance payments prescribed by the Secretary under paragraph (2).
Commitments for the insurance of such mortgages may be issued by the
Secretary prior to the date of their execution or disbursement thereon,
upon such terms and conditions as the Secretary may prescribe.
"(10) To be eligible for insurance under this subsection, a mortgage
shall--,
"(A) be a first lien on real estate held in fee simple, or on a
leasehold under a lease which meets terms and conditions
established by the Secretary;
"(B) have been made to, and be held by, a mortgagee approved by
the Secretary as responsible and able to service the mortgage
properly;
"(C) involve a one- to four-family dwelling which has been
approved by the Secretary prior to the beginning of construction,
or if not so approved, has been completed within one year prior to
the filing of the application for insurance and which has never
been sold other than to the mortgagor;
"(D) involve a principal residence the sales price or which
does not exceed 82 per centum of the applicable maximum principal
obligation of a mortgage which may be insured in the area pursuant
to section 203(b)(2), determined without regard to the last
sentence of such section;
"(E) have maturity and amortization provisions satisfactory to
the Secretary;
"(F) bear interest (exclusive of premium charges for insurance,
and service charges if any) at not to exceed the applicable
maximum rate for mortgages insured pursuant to section 203(b);
"(G) be executed by a mortgagor who shall have paid in cash or
its equivalent, on account of the property, at least an amount
equal to 3 per centum of the Secretary's estimate of the cost of
acquisition; and
"(H) contain such other terms and conditions as the Secretary
may prescribe.
"(11) The Secretary shall, to the extent practicable, insure
mortgages under this subsection which are secured by properties which
contribute to the conservation of land and energy resources.
"(12) A mortgage to be assisted under this subsection shall, where
the Secretary deems it appropriate, provide for graduated payments
pursuant to section 245. // 12 USC 1715z-10. //
"(13) The Secretary shall develop and utilize a system to allocate
assistance under this subsection in a manner which assures a reasonable
distribution of such assistance among the various regions of the country
and which takes into consideration such factors as population, relative
decline in building permits, the need for increased housing production,
and other factors he deems appropriate. Assistance provided under this
subsection shall not be subjected to section 213 of the Housing and
Community Development Act of 1974. // 42 USC 1439. //
"(14) Upon the disposition by the homeowner of any property assisted
pursuant to this subsection, or where the homeowner ceases for a period
of 90 continuous days or more making payments on the mortgage, loan, or
advance of credit secured by the property, or rents the property (or the
owner's unit in the case of a two- to four-family residence) for a
period longer than one year, the Secretary shall provide for the
recapture of an amount equal to the lesser of (A) the amount of
assistance actually received under this subsection, other than any
amount provided under paragraph (6), or (B) an amount at least equal to
50 per centum of the net appreciation of the property, as determined by
the Secretary. For the purpose of this paragraph, the term 'net
appreciation of the property' means any increase in the value of the
property over the original purchase price, less the reasonable costs of
sale, the reasonable costs of improvements made to the property, and any
increase in the mortgage balance as of the time of sale over the
original mortgage balance due to the mortgage being insured pursuant to
section 245. // 12 USC 1715z-10. // In providing for such recapture,
the Secretary shall include incentives for the homeowner to maintain the
property in a marketable condition. Notwithstanding any other provision
of law, any such assistance shall constitute a debt secured by the
property to the extent that the Secretary may provide for such
recapture.
"(15) Procedures shall be adopted by the Secretary for
recertification of the homeowner's income at intervals of two years (or
at shorter intervals where the Secretary deems it desirable) for the
purpose of adjusting the amount of such assistance payments within the
limits of the formula described in paragraph (4) or (5).".
Sec. 208. (a) Section 405(c) of the Housing and Community
Development Amendments of 1978 // 42 USC 8004. // is amended by
inserting after "for assistance" the following: "to provide congregate
services to elderly residents".
(b) Section 405(d) of such Act is amended by inserting after "this
title" in the first sentence the following: "for the provision of
congregate services to elderly residents".
(c) Section 405(e) of such Act is amended--,
(1) by striking out " When" and all that follows through "local
agency" in pargraph (1) and inserting in lieu thereof the
following: " A public housing agency or nonprofit corporation
applying for assistance to provide congregate services to
nonelderly handicapped residents shall consult with the
appropriate agency"; and
(2) by striking out "local" in the first sentence of paragraph
(2).
Sec. 209. (a) This section // 12 USC 1701z-6 // may be cited as the
" Public Housing Anti--, Crime Amendments of 1980".
(b) The Congress finds that--,
(1) public housing and surrounding neighborhoods continue to
suffer substantially from rising crime and the fear of crime;
(2) funding to provide more security for public housing can be
used to leverage funding from other sources and thereby produce
more successful anti-crime efforts;
(3) the effects of inflation and the need for reductions in the
budget of the Federal Government resutl in a need for more
co-targeting of Federal and local anti-crime resources;
(4) as authorized by the Public Housing Securtiy Demonstration
Act of 1978,
// 12 USC 1701z-6 //
the Urban Initiatives Anti-Crime Program has performed in a
promising manner; and
(5) the First Annual Report to Congress of the Urban
Initiatives Anti-Crime Program and the two General Accounting
Office reports to Congress on such Program have provided useful
suggestions which can now be implemented.
(c) It is, therefore, the purpose of this section // 12 USC 1701z-6
// to continue the efforts of the Urban Initiatives Anti-Crime Program
so that more progress can be made in providing secure, decent, safe, and
sanitary dwelling units for low-income and elderly tenants in public
housing projects.
(d) Section 207 of the Housing and Community Development Amendments
of 1978 // 12 USC 1701z-6 // is amended--,
(1) by striking out subsection (c)(4) and inserting in lieu
thereof the following:
"(4) In carrying out the provisions of this section, the Secretary
shall coordinate and jointly target resources with other agencies,
particularly the Law Enforcement Assistance Administration, the
Department of Health and Human Services, the Department of Labor, the
Department of Justice, the Department of the Interior, the Department of
Commerce, the Department of Education, ACTION, the Community Services
Administration, and State and local agencies.
"(5) In order to assess the impact of crime and vandalism in public
housing projects the Secretary may, as part of the Annual Housing Survey
conducted by the Department of Housing and Urban Development or by other
means, collect date on crime and vandalism and integrate the data
collection with the victimization surveys undertaken by the Department
of Justice and the Department of Commerce.
"(6) The Secretary shall, to the maximum extent practicable, utilize
information derived from the program authorized by this section for
assisting in establishing (A) guidelines to be used by public housing
authorities in determining strategies to meet the security needs of
tenants of public housing projects assisted under the United States
Housing Act of 1937, // 42 USC 1437 // other than under section 8 of
such Act, // 42 USC 1437 // and (B) guidelines for improvements relating
to the security of projects (and the tenants living in such projects)
assisted under section 14 of such Act.";
(2) by striking out "this Act" in the first sentence of
subsection (e) and inserting in lieu thereof "the Housing and
Community Development Act of 1980"; and
(3) by adding the following new sentence at the end of
subsection (f): " Of the authority approved in appropriation Acts
for the purpose of entering into annual contributions contracts
under section 5(c) of the United States Housing Act of 1937 with
respect to the fiscal year beginning on October 1, 1980, the
Secretary may enter into contracts to carry out this section,
except that the aggregate amount obligated over the duration of
such contracts may not exceed $10,000,000.".
Sec. 210. Section 5 of the United States Housing Act of 1937 // 42
USC 1437c. // is amended by adding at the end thereof the following new
subsection:
"(i) In entering into contracts for assistance with respect to newly
constructed or substantially rehabilitated projects under this section
(other than for projects assisted pursuant to section 8), // 42 USC
1437f. // the Secretary shall require the installation of a passive or
active solar energy system in any such project where the Secretary
determines that such installation would be cost effective over the
estimated life of the system.".
Sec. 211. Section 236 of the National Housing Act // 12 USC 1715z-1.
// is amended by adding the following new subsection at the end
thereof:
"(q) The Secretary may provide assistance under section 8 of the
United States Housing Act of 1937 // 42 USC 1437f. // with respect to
residents of units in a project assisted under this section. In
entering into contracts under section 5(c) of such Act with respect to
the additional authority provided on October 1, 1980, the Secretary
shall not utilize more than $20,000,000 of such additional authority to
provide assistance for elderly or handicapped families which, at the
time of applying for assistance under such section 8, // 42 USC 1437f.
// are residents of a project assisted under this section and are
expending more than 50 percent of their income on rental payments.".
Sec. 212. The United States Housing Act of 1937 is amended by adding
at the end thereof the following new section:
" Sec. 15. // 42 USC 1437m. // Any of the following may be used as
the non-Federal share required in connection with activities undertaken
under Federal grant-in-aid programs which provide social, educational,
employment, and other services to the tenants in a project assisted
under this Act, // 42 USC 1437f. // other than under section 8:
"(1) annual contributions under this Act for operation of the
project; or
"(2) rental or use-value of buildings or facilities paid for,
in whole or in part, from development, modernization, or operation
cost financed with loans or debt service annual contributions
under this Act.".
Sec. 213. (a) Section 203(a) of the Housing and Community
Development Amendments of 1978 // 12 USC 1701z-11. // is amended--,
(1) by striking out paragraph (1) and inserting in lieu thereof
the following:
"(1) preserving the housing units so that at least those units
which are occupied by low- and moderate-income persons or which
are vacant, at the time of acquisition, are available to and
affordable by such persons;";
(2) by striking out "and" at the end of clause (4);
(3) by striking out the period at the end of clause (5) and
inserting in lieu thereof "; and"; and
(4) by adding at the end thereof the following:
"(6) maintaining the project for the purpose of providing
rental or cooperative housing.".
(b) Section 203(b)(1) of such Act // 12 USC 1701z-11. // is amended
by inserting after "considering the low- and moderate-income character
of the project" the following: ", including the number of units in the
project occupied by low- and moderate-income persons,".
(c) Section 203(c) of such Act is amended--,
(1) by striking out "and" at the end of paragraph (1);
(2) by striking out the period at the end of paragraph (2) of
such subsection and inserting in lieu thereof "; and"; and
(3) by adding at the end thereof the following new paragraph:
"(3) maintain the project for purposes of providing rental or
cooperative housing for the longest feasible period.".
(d) Subpargraphs (B) and (C) of section 203(d)(2) of such Act are
amended by inserting "except for tenants of above-moderate income,"
before "to".
(e) Section 203(f) of such Act is amended to read as follows:
"(f) For the purpose of this section, the term 'multifamily housing
project' means any multifamily rental housing project which is, or prior
to acquisition by the Secretary was, assisted or insured under the
National Housing Act, // 12 USC 1701. // or was subject to a loan under
section 202 of the Housing Act of 1959 // 12 USC 1701q, 42 USC 1452b.
// or section 312 of the Housing Act of 1964, or which is acquired by
the Secretary pursuant to any other provision of law.".
Sec. 214. // 42 USC 1436a. // (a) Notwithstanding any other
provision of law, the Secretary of Housing and Urban Development may not
make financial assistance available for the benefit of any nonimmigrant
student--, alien.
(b) For purposes of this section--,
(1) the term "financial assistance" means financial assistance
made available pursuant to the United States Housing Act of 1937,
// 42 USC 1437 //
section 235 or 236 of the National Housing Act,
// 12 USC 1715z, 1715z-1. //
or section 101 of the Housing and Urban Development Act of 1965;
// 12 USC 1701s, 42 USC 1451, 1465. //
and
(2) the term "nonimmigrant student-alien" means (A) an alien
having a residence in a foreign country which he or she has no
intention of abandoning, who is a bona fide student qualified to
pursue a full course of study and who is admitted to the United
States temporarily and solely for purpose of pursuing such a
course of study at an established institution of learning or other
recognized place of study in the United States, particularly
designated by him or her and approved by the Attorney General
after consultation with the Department of Education of the United
States, which institution or place of study shall have agreed to
report to the Attorney General the termination of attendance of
each nonimmigrant student, and if any such institution of learning
or place of study fails to make reports promptly the approval
shall be withdrawn, and (B) the alien spouse and minor children of
any such alien if accompanying him or her or following to join him
or her.
Sec. 215. The Secretary shall conduct a comprehensive examination of
the feasibility of a housing assistance block grant program, including
the feasibility of replacing the categorical housing assistance programs
proposed to be utilized in fiscal year 1982, and shall transmit to the
Congress a report thereon not later than March 31, 1981. Such
examination shall include, but not be limited to--,
(1) simplified and expedited application and review procedures;
(2) an equitable allocation formula which reflects both current
program experience and identified needs; and
(3) such other recommendations as the Secretary deems
appropriate.
Sec. 216. // 42 USC 1436b. // The Secretary of Housing and Urban
Development shall not exclude from consideration for financial
assistance under federally assisted housing programs proposals for
housing projects solely because the site proposed is located within an
impacted area. For the purposes of this section, the term "federally
assisted housing programs" means any program authorized by the United
States Housing Act of 1937, // 42 USC 1437 // sections 235 and 236 of
the National Housing Act, section 101 of the Housing and Urban
Development Act of 1965, or section 202 of the Housing Act of 1959. //
12 USC 1715z, 1715z-1. 12 USC 1701s, 42 USC 1451, 1465. 12 USC 1701q.
//
Sec. 301. (a) Section 2(a) of the National Housing Act // 12 USC
1703. // is amended by striking out " October 16, 1980" in the first
sentence and inserting in lieu thereof " October 1, 1981".
(b) Section 217 of such Act // 12 USC 1715h. // is amended by
striking out " October 15, 1980" and inserting in lieu thereof "
September 30, 1981".
(c) Section 221(f) of such Act // 12 USC 1715l. // is amended by
striking out " October 15, 1980" in the fifth sentence and inserting in
lieu thereof " September 30, 1981".
(d) Section 235(m) of such Act // 12 USC 1715z. // is amended by
striking out " October 15, 1980" and inserting in lieu thereof "
September 30, 1981".
(e) Section 236(n) of such Act // 12 USC 1715z-1. // is amended by
striking out " October 15, 1980" and inserting in lieu thereof "
September 30, 1981".
(f) Section 244(d) of such Act // 12 USC 1715z-9. // is amended
by--,
(1) striking out " October 15, 1980" in the first sentence and
inserting in lieu thereof " September 30, 1981"; and
(2) striking out " October 16, 1980" in the second sentence and
inserting in lieu thereof " October 1, 1981".
(g) Section 245(a) of such Act // 12 USC 1715z-10. // is amended by
striking out " October 15, 1980" where it appears and inserting in lieu
thereof " September 30, 1981".
(h) Section 809(f) of such Act // 12 USC 1748h-1. // is amended by
striking out " October 15, 1980" in the second sentence and inserting in
lieu thereof " September 30, 1981".
(i) Section 810(k) of such Act // 12 USC 1748h-2. // is amended by
striking out " October 15, 1980" in the second sentence and inserting in
lieu thereof " September 30, 1981".
(j) Section 1002(a) of such Act // 12 USC 1749bb. // is amended by
striking out " October 15, 1980" in the second sentence and inserting in
lieu thereof " September 30, 1981".
(k) Section 1101(a) of such Act // 12 USC 1749aaa. // is amended by
striking out " October 15, 1980" in the second sentence and inserting in
lieu thereof " September 30, 1981".
Sec. 302. (a) Section 3(a) of Public Law 90 - 301 // 12 USC 1709-1.
// is amended by striking out " October 16, 1980" and inserting in lieu
thereof " October 1, 1981".
(b) Section 3(a) of such Public Law is amended--,
(1) by inserting after "finds necessary to meet the mortgage
market," in the first sentence thereof the following: "taking
into consideration the yields on mortgages in the primary and
secondary markets,";
(2) by inserting after "finds necessary to meet the loan
market" in the second sentence the following: ", taking into
consideration the yields on home improvement and manufactured home
loans"; and
(3) by adding the following new sentence at the end thereof: "
In setting such rates, the Secretary shall seek to minimize
uncertainty and speculation in connection with mortgage and loan
transactions insured under the National Housing Act,
// 12 USC 1701. //
and when effective rates on home mortgages and other such loans
are rising, the Secretary shall exercise the authority to set the
interest rates for such mortgage and loan insurance programs with
sufficient frequency to promote the objective that discount points
payable in connection with mortgages and loans insured pursuant to
such programs should be minimized.".
Sec. 303. The second sentence of section 501 of the Housing and
Urban Development Act of 1970 // 12 USC 1701z-1. // is amended by
striking out "and not to exceed $50,300,000 for the fiscal year 1980"
and inserting in lieu thereof "not to exceed $50,300,000 for the fiscal
year 1980, and not to exceed $51,000,000 for the fiscal year 1981".
Sec. 304. Section 1376(c) of the National Flood Insurance Act of
1968 // 42 USC 4127. // is amended by striking out "and not to exceed
$74,000,000 for the fiscal year 1980" and inserting in lieu thereof "not
to exceed $74,000,000 for the fiscal year 1980, and not to exceed
$61,600,000 for the fiscal year 1981".
Sec. 305. Section 519(f) of the National Housing Act // 12 USC
1735c. // is amended by striking out all that follows " General
Insurance Fund not to exceed and inserting in lieu thereof
"$1,738,000,000.".
ACT
Sec. 306. Section 201(a) of the National Housing Act // 12 USC 1707.
// is amended by striking out "having a period of not less than fifty
years to run from the date the mortgage was executed" and inserting in
lieu thereof "having a period of not less than ten years to run beyond
the maturity date of the mortgage".
Sec. 307. Notwithstanding the provisions of title VII of the Housing
Act of 1961 // 42 USC 1500. // or any other law, the transactions under
which land acquired by the city of Springfield, Illinois, in connection
with Open--, Space Projects Numbered I11.- OSC-171 (DL) and Numbered
I11.-OSC-246 (DL) was transferred by such city to the United States
Department of the Interior for the Lincoln Home National Historic Site
shall be deemed to have been made in accordance with all provisions of
title VII of such Act and of any other law and with any regulations or
other requirements in implementation thereof.
Sec. 308. (a) Section 2(b) of the National Housing Act // 12 USC
1703. // is amended--,
(1) by striking out "$18,000 ($27,000 in the case of a mobile
home containing two or more modules)" in the first sentence and
inserting in lieu thereof "$20,000 ($30,000 in the case of a
manufactured home composed of two or more modules)";
(2) by striking out subparagraph (A) of the second paragraph
and inserting in lieu thereof the following:
"(A) involve an amount not exceeding $26,675 ($36,675 in the
case of a manufactured home composed of more than two modules);
and";
(3) by striking out subparagraph (A) of the third paragraph and
inserting in lieu thereof the following:
"(A) involve an amount not exceeding $30,550 ($40,550 in the
case of a manufactured home composed of two or more modules);
and"; and
(4) by striking out "$6,250 in the case of an undeveloped lot,
or (ii) $9,375" in the fourth paragraph and inserting in lieu
thereof "$6,950 in the case of an undeveloped lot, or (ii)
$10,425".
(b) Section 2(b) of the National Housing Act is amended by adding the
following new sentence at the end of the last paragraph: " In other
areas where there are high land costs or high set-up costs, the
Secretary may, by regulation, increase any such dollar amount limitation
to--,
"(1) $32,500 (or $43,000 with respect to a manufactured home
composed of two or more modules) in the case of a manufactured
home and an undeveloped lot;
"(2) $38,100 (or $49,000 with respect to a manufactured home
composed of two or more modules) in the case of a manufactured
home and a developed lot; and
"(3) $11,750 (or $17,450 with respect to a developed lot) in
the case of a lot in which to place a manufactured home.".
(c)(1) The National Housing Act // 12 USC 1701 // is amended by
striking out "mobile home" each place it appears and inserting in lieu
thereof "manufactured home".
(2) Section 235(a)(2)(B) of such Act // 12 USC 1715z. // is amended
by striking out "mobile homeowner" and "mobile homeowner's" and
inserting in lieu thereof "manufactured homeowner" and "manufactured
homeowner's", respectively.
(3) The United States Housing Act of 1937 // 42 USC 1437 // is
amended by striking out "mobile home" each place it appears and
inserting in lieu thereof "manufactured home".
(4) Title VI of the Housing and Community Development Act of 1974 //
42 USC 5401 // is amended by striking out " Mobile Home" each place it
appear, other than in section 601, and inserting in lieu thereof "
Manufactured Home" and by striking out "mobile home" each place it
appears and inserting in lieu thereof "manufactured home".
(5) Section 601 of the Housing and Community Development Act of 1974
// 42 USC 5401 // is amended by striking out " Mobile Home" and
inserting in lieu thereof " Manufactured Housing".
(6) Section 501(e)(4) of Public Law 96 - 221 is amended by striking
out "mobile home" and inserting in lieu thereof "manufactured home".
(7) In adopting regulations and procedures in accordance with this
subsection, // 42 USC 5424 // the Secretary of Housing and Urban
Development shall have discretion to take actions in a manner which he
deems necessary to insure that the public is fully aware of the
distinctions between the various types of factory-built housing.
(d) Section 603(6) of the Housing and Community Development Act of
1974 // 42 USC 5402. // is amended--,
(A) by striking out "is eight body feet or more in width and is
thirty-two body feet or more in length" and inserting in lieu
thereof ", in the traveling mode, is eight body feet or more in
width or forty body feet or more in length, or, when erected on
site, is three hundred twenty or more square feet"; and
(B) by inserting the following after the semicolon at the end
thereof: "except that such term shall include any structure which
meets all the requirements of this paragraph except the size
requirements and with respect to which the manufacturer
voluntarily files a certification required by the Secretary and
complies with the standards established under this title;".
(e) Not later than January 1, 1982, the Secretary of Housing and
Urban Development shall develop a procedure for collecting and regularly
reporting data on the mean and median sales price for new manufactured
homes, and, where available, data on the mean and median sales price for
manufactured home lots and combination new manufactured home and lot
packages. Such reports shall contain, to the maximum extent feasible,
sales price information for the Nation, each census region, each State
on an annual basis, and selected standard metropolitan statistical areas
having sufficient activity on an annual basis.
OF
CERTAIN MULTIFAMILY MORTGAGES
Sec. 309. The second sentence of section 302(b)(1) of the National
Housing Act // 12 USC 1717. // is amended--,
(1) by striking out "(1)"; and
(2) by striking out ", and (2)" and all that follows through
"1937".
SOLAR
ENERGY SYSTEMS AND ENERGY CONSERVING MEASURES
Sec. 310. (a) The last sentence of section 207(c)(3) of the National
Housing Act // 12 USC 1713. // is amended by striking out "therein" and
inserting in lieu thereof "or residential energy conservation measures
(as defined in section 210(11) (A) through (G) and (I) of Public Law 95
- 619) // 42 USC 8211. // in cases where the Secretary determines that
such measures are in addition to those required under the minimum
property standards and will be cost-effective over the life of the
measure therein".
(b) Section 213 of such Act // 42 USC 1715e. // is amended by adding
at the end thereof the following:
"(p) Notwithstanding any other provision of this section, the project
mortgage amounts which may be insured under this section may be
increased by up to 20 per centum if such increase is necessary to
account for the increased cost of the project due to the installation of
a solar energy system (as defined in subparagraph (3) of the last
paragraph of section 2(a) of this Act) // 12 USC 1703. // or
residential energy conservation measures (as defined in section 210(11)
(A) through (G) and (I) of Public Law 95 - 619) // 42 USC 8211. // in
cases where the Secretary determines that such measures are in addition
to those required under the minimum property standards and will be
cost-effective over the life of the measure therein.".
(c) Section 220(d)(3)(B)(iii) of such Act // 12 USC 1715k. // is
amended by inserting before the semicolon at the end thereof the
following: ": And provided further, That the Secretary may further
increase any of the dollar amount limitations which would otherwise
apply for the purpose of this clause by not to exceed 20 per centum if
such increase is necessary to account for the increased cost of the
project due to the installation of a solar energy system (as defined in
subparagraph (3) of the last paragraph of section 2(a) of this Act) //
12 USC 1703. // or residential energy conservation measures (as defined
in section 210(11) (A) through (G) and (I) of Public Law 95 - 619) // 42
USC 8211. // in cases where the Secretary determines that such measures
are in addition to those required under the minimum property standards
and will be cost-effective over the life of the measure therein".
(d) Section 221 of such Act // 12 USC 1715l. // is amended by adding
at the end thereof the following new subsection:
"(k) With respect to any project insured under subsection (d)(3) or
(d)(4), the Secretary may further increase the dollar amount limitations
which would otherwise apply for the purpose of those subsections by up
to 20 per centum if such increase is necessary to account for the
increased cost of the project due to the installation of a solar energy
system (as defined in subparagraph (3) of the last paragraph of section
2(a) of this Act) or residential energy conservation measures (as
defined in section 210(11) (A) through (G) and (I) of Public Law 95 -
619) // 42 USC 8211. // in cases where the Secretary determines that
such measures are in addition to those required under the minimum
property standards and will be cost-effective over the life of the
measure therein.".
(e) Section 231(c)(2) of such Act // 12 USC 1715v. // is amended by
inserting immediately before the semicolon at the end thereof ":
Provided, That the Secretary may further increase the dollar amount
limitations which would otherwise apply for the purpose of this section
by not to exceed 20 per centum if such increase is necessary to account
for the increased cost of the project due to the installation of a solar
energy system (as defined in subparagraph (3) of the last paragraph of
section 2(a) of this Act) or residential energy conservation measures
(as defined in section 210(11) (A) through (G) and (I) of Public Law 95
- 619) // 42 USC 8211. // in cases where the Secretary determines that
such measures are in addition to those required under the minimum
property standards and will be cost-effective over the life of the
measure therein".
(f) Section 232(d)(2) of such Act // 12 USC 1715w. // is amended to
read as follows:
"(2) The mortgage shall involve a principal obligation in an
amount not to exceed 90 per centum of the estimated value of the
property or project, including--,
installed;
or
subparagraph (3)
of the last paragraph of section 2(a) of this Act)
// 12 USC 1703. //
or residential
energy conservation measures (as defined in
section 210(11)
(A) through (G) and (I) of Public Law 95 - 619)
// 42 USC 8211. //
in cases where
the Secretary determines that such measures are in
addition
to those required under the minimum property standards
and will be cost-effective over the life of the
measure.".
(g) Section 234 of such Act // 12 USC 1715y. // is amended by adding
at the end thereof the following new subsection:
"(j) The Secretary may further increase the dollar amount limitations
which would otherwise apply under subsection (e) by not to exceed 20 per
centum if such increase is necessary to account for the increased cost
of a project due to the installation of a solar energy system (as
defined in subparagraph (3) of the last paragraph of section 2(a) of
this Act) // 12 USC 1703. // or residential energy conservation
measures (as defined in section 210(11) (A) through (G) and (I) of
Public Law 95 - 619) // 42 USC 8211. // in cases where the Secretary
determines that such measures are in addition to those required under
the minimum property standards and will be cost-effective over the life
of the measure therein.".
(h) Section 242(d)(2) of such Act // 12 USC 1715z-7. // is amended
to read as follows:
"(2) The mortgage shall involve a principal obligation in an
amount not to exceed 90 per centum of the estimated replacement
cost of the property or project including--,
hospital,
when the proposed improvements are completed and the
equipment is installed; and
subparagraph (3)
of the last paragraph of section 2(a) of this Act)
// 12 USC 1703. //
or residential
energy conservation measures (as defined in
section 210(11)
(A) through (G) and (I) of Public Law 95 - 619)
// 42 USC 8211. //
in cases where
the Secretary determines that such measures are in
addition
to those required under the minimum property standards
and will be cost-effective over the life of the
measure.".
(i) Section 1101(c)(2) of such Act // 12 USC 1749aaa. // is amended
by inserting immediately after "the boundaries of the property," the
following: "a solar energy system (as defined in subparagraph (3) of
the last paragraph of section 2(a) of this Act) // 12 USC 1703. // or
residential energy conservation measures (as defined in section 210(11)
(A) through (G) and (I) of Public Law 95 - 619) // 42 USC 8211. // in
cases where the Secretary determines that such measures are in addition
to those required under the minimum property standards and will be
cost-effective over the life of the measure,".
CONCENTRATED
DEVELOPMENT ACTIVITIES
Sec. 311. (a) Section 220(d)(1)(A) of the National Housing Act // 12
USC 1715k. // is amended by inserting after "pursuant to Section 117 of
the Housing Act of 1949" // 42 USC 1468. // the following: ", or (v)
an area, designated by the Secretary, where concentrated housing,
physical development, and public service activities are being or will be
carried out in a coordinated manner, pursuant to a locally developed
strategy for neighborhood improvement, conservation, or preservation".
(b) Section 220(d)(3)(B)(iv) of such Act // 12 USC 1715k. // is
amended by inserting after "urban renewal plan" the following: "or,
where appropriate, with the locally developed strategy for neighborhood
improvement, conservation or preservation".
Sec. 312. Section 1603 of the Housing and Urban Development Act of
1968 // 42 USC 1441c. // is amended--,
(1) by striking out " January 20 of each year" and inserting in
lieu thereof " March 15 of each year beginning with calendar year
1981";
(2) by inserting after "current year" in paragraph (2) the
following: "and sets general objectives for such activity during
the next year";
(3) by striking out "objective" in paragraph (3) and inserting
in lieu thereof "objectives"; and
(4) by inserting after "current year" in paragraph (7) the
following: "and, as feasible, the next year".
HOME LOAN
MORTGAGE CORPORATION MORTGAGE AMENDMENTS
Sec. 313. (a) Section 302(b)(2) of the National Housing Act // 12
USC 1717. // is amended by striking out the last sentence and inserting
in lieu thereof the following: " For the purpose of this section, the
term 'conventional mortgages' shall include a mortgage, lien, or other
security interst on the stock or membership certificate issued to a
tenant-stockholder or resident-member of a cooperative housing
corporation, as defined in section 216 of the Internal Revenue Code of
1954, // 26 USC 216. // and on the proprietary lease, occupancy
agreement, or right of tenancy in the dwelling unit of the
tenant-stockholder or resident--, member in such cooperative housing
corporation. The corporation shall establish limitations governing the
maximum principal obligation of conventional mortgages purchased by it.
Such limitations shall not exceed $93,750 for a mortgage secured by a
single-family residence, $120,000 for a mortgage secured by a two-family
residence, $145,000 for a mortgage secured by a three-family residence,
and $180,000 for a mortgage secured by a four-family residence, except
that such maximum limitations shall be adjusted effective January 1 of
each year beginning with 1981. Each such adjustment shall be made by
adding to each such amount (as it may have been previously adjusted) a
percentage thereof equal to the percentage increase during the
twelve-month period ending with the previous October in the national
average one-family house price in the monthly survey of all major
lenders conducted by the Federal Home Loan Bank Board. With respect to
mortgages secured by property comprising five or more family dwelling
units, such limitations shall not exceed 125 per centum of the
limitations established under section 207(c)(3) of this Act. The
foregoing limitations may be increased by not to exceed 50 per centum
with respect to properties located in Alaska, Guam, and Hawaii.".
(b) Section 305(a)(2) of the Federal Home Loan Mortgage Corporation
Act // 12 USC 1454. // is amended by striking out the last sentence and
inserting in lieu thereof the following: " The Corporation shall
establish limitations governing the maximum principal obligation of
conventional mortgages purchased by it. Such limitations shall not
exceed $93,750 for a mortgage secured by a single-family residence,
$120,000 for a mortgage secured by a two-family residence, $145,000 for
a mortgage secured by a three-family residence, and $180,000 for a
mortgage secured by a four-family residence, except that such maximum
limitations shall be adjusted effective January 1 of each year beginning
with 1981. Each such adjustment shall be made by adding to each such
amount (as it may have been previously adjusted) a percentage thereof
equal to the percentage increase during the twelve-month period ending
with the previous October in the national average one-family house price
in the monthly survey of all major lenders conducted by the Federal Home
Loan Bank Board. With respect to mortgages of property comprising five
or more family dwelling units, such limitations shall not exceed 125 per
centum of the limitations established under section 207(c)(3) of the
National Housing Act. The foregoing limitations may be increased by not
to exceed 50 per centum with respect to properties located in Alaska,
Guam, and Hawaii.".
Sec. 314. Section 241(e)(1) of the National Housing Act // 12 USC
1715z-6. // is amended by inserting after "multifamily housing project"
the following: "if such meters are purchased or installed in connection
with other energy conserving improvements or with a solar energy system
or the project meets minimum standards of energy conservation
established by the Secretary,".
Sec. 315. Title VI of the Housing and Community Development
Amendments of 1978 // 42 USC 8102. // is amended--,
(1) by striking out " National" in section 603(a);
(2) by striking out "supervising" in the first sentence of
section 606(a)(1)
// 42 USC 8105. //
and inserting in lieu thereof the word "monitoring"; and
(3) by striking out "and not to exceed $12,000,000 for fiscal
year 1980" in section 608(a)
// 42 USC 8107. //
and inserting in lieu thereof the following: "not to exceed
$12,000,000 for fiscal year 1980, and not to exceed $13,426,000
for fiscal year 1981".
Sec. 316. // 42 USC 8106 // (a) The Congress--,
(1) recognizes the significant potential of mutual housing
associations for helping make multifamily housing in the United
States more affordable; and
(2) commends and encourages the efforts being made in
connection with the national demonstration program of mutual
housing associations being undertaken by the Neighborhood
Reinvestment Corporation and the National Consumer Cooperative
Bank with the cooperation of the Department of Housing and Urban
Development.
(b) The Neighborhood Reinvestment Corporation, in conjunction with
the National Consumer Cooperative Bank and the Secretary of Housing and
Urban Development, shall transmit a report to the Congress on the
findings and conclusions reached as a result of the demonstration
program described in subsection (a)(2), together with legislative
recommendations, not later than September 30, 1981.
Sec. 317. The Secretary of Housing and Urban Development shall
conduct a study to determine the feasibility of collecting data
pertaining to all home mortgage delinquencies on an appropriate regional
basis, and shall, as soon as practicable, but not later than April 1,
1981, transmit to the Congress a report containing the results of such
study.
Sec. 318. The first sentence of section 234(c) of the National
Housing Act // 12 USC 1715y. // is amended by inserting after " Act)"
the following: "or the project was approved for a guarantee, insurance,
or a direct loan under chapter 37 of title 38, United States Code". //
38 USC 1801 //
SIMILAR
FACILITIES FOR THE HANDICAPPED
Sec. 319. Section 202(d)(3) of the Housing Act of 1959 // 12 USC
1701q. // is amended by adding at the end thereof the following: " In
the case of housing to meet the needs of handicapped (primarily
nonelderly) persons, such term also means the cost of acquiring existing
housing and related facilities, the cost of rehabilitation, alteration,
conversion, or improvement, including the moderate rehabilitation,
thereof, and the cost of the land on which the housing and related
facilities are located.".
Sec. 320. Title V of the National Housing Act is amended by adding
the following new section at the end thereof:
" Sec. 530. In carrying out the provisions of titles, I, II, IV,
VII, VIII, IX, X, and XI // 12 USC 1735f-8. 12 USC 1702, 1707, 1724,
1747, 1748, 1750, 1749aa, 1749aaa. // pertaining to the payment of loan
or mortagage insurance premium charges by a financial institution, other
mortgagees, or agent thereof to the Federal Government in connection
with a loan or mortgage insurance program established pursuant to any of
these titles, the Secretary shall require that payment of such premiums
be made promptly upon their receipt from the borrower; except that the
Secretary may approve payment of such premiums within twenty-four months
of such receipt if the financial institution, mortgagee, or agent
thereof pays interest, at a rate specified by the Secretary, to the
insurance fund for the period beginning twenty days after receipt from
the borrower and ending upon payment of the premiums to the Federal
Government.".
REHABILITATION
LOAN INSURANCE PROGRAM
Sec. 321. Section 203(k)(5) of the National Housing Act // 12 USC
1709. // is amended by striking out the second sentence and inserting
in lieu thereof the following: " Insurance benefits paid with respect
to loans secured by a first mortgage and insured under this subsection
shall be paid in accordance with section 204, // 12 USC 1710. // except
that all references in section 204 to the Mutual Mortgage Insurance Fund
shall be construed as referring to the General Insurance Fund.
Insurance benefits paid with respect to loans secured by a mortgage
other than a first mortgage and insured under this subsection shall be
paid in accordance with paragraphs (6) and (7) of section 220( h), // 12
USC 1715k. // except that reference to 'this subsection' in such
paragraphs shall be construed as referring to this subsection.".
Sec. 322. (a) Notwithstanding any other provision of law, Valley
Homes Mutual Housing Corporation, obligor on a note and mortgage secured
by a multifamily housing project located at 972 Medosch Avenue, Lincoln
Heights, Ohio and held by the Government National Mortgage Association,
is hereby relieved of all liability to the Government for the
outstanding principal balance on the above mentioned mortgage; for the
amount of accrued out unpaid interest thereon; and for taxes,
insurance, and other charges previously paid by the Government. This
release from liability is in full settlement of all present and any
future claims Valley Homes Mutual Housing Corporation, its successors
and assigns may have against the United States or any of its Agencies
concerning the mortgagor's purchase of the mortgaged premises from the
Public Housing Administration in 1954.
(b) The President of the Government National Mortgage Association is
authorized and directed to release Valley Homes Mutual Housing
Corporation from its liability to the Association and to discharge the
mortgage note secured by the mortgage on the multifamily housing project
located at 972 Medosch Avenue, Lincoln Heights, Ohio.
(c) No amount in excess of ten per centum of the principal and
interest due upon the mortgage released under subsection (b) or this
provision shall be paid to or received by an attorney or other person in
consideration for services rendered in connection with the claims of
Valley Homes Mutual Housing Corporation against the United States or any
of its Agencies referred to in subsection (a) of this provision. Any
person who violates this subsection shall be fined not more than $1,000.
Sec. 323. // 12 USC 1715d // The Secretary of Housing and Urban
Development shall study the feasibility of utilizing factory-built and
other appropriate types of housing (other than the traditional type of
site-built housing), to the extent practicable, in carrying out housing
programs for Indians and Alaskan Native, and shall, not later than
eighteen months after the date of enactment of this Act, transmit a
report to the Congress containing the findings and conclusions of such
study, including a comparison of the costs and benefits of utilizing the
traditional type of site-built housing and of utilizing other types of
housing in situations in which either type of housing could be used.
Sec. 324. (a) Section 501(a)(1)(A) of the Depository Institutions
Deregulation and Monetary Control Act of 1980 is amended--,
(1) by striking out "stock" the first place it appears and
inserting in lieu thereof "all stock allocated to a dwelling
unit"; and
(2) by striking out "where the loan, mortgage, or advance is
used to finance the acquisition of such stock".
(b) Section 511 of such Act is amended by redesignating subsection
(b) as subsection (c) and by inserting after subsection (a) the
following:
"(b) For the purpose of this part--,
"(1) the term 'loan' includes all secured and unsecured loans,
credit sales, forbearances, advances, renewals or other extensions
of credit made by or to any person or organization for business or
agricultural purposes;
"(2) the term 'interest' includes any compensation, however
denominated, for a loan;
"(3) the term 'organization' means a corporation, government or
governmental subdivision or agency, trust, estate, partnership,
cooperative, association, or other entity; and
"(4) the term 'person' means a natural person or
organization.".
(c)(1) Section 512 of such Act is amended--,
(A) by inserting "(a)" after " Sec. 512."; and
(B) by adding at the end thereof the following:
"(b) A loan shall be deemed to be made during the period described in
subsection (a) if such loan--,
"(1)(A) is funded or made inwhole or part during such period,
regardless of whether pursuant to a commitment or other agreement
therefor made prior to April 1, 1980;
"(B) was made prior to or on April 1, 1980, and bears or
provides for interest during such period on the outstanding amount
thereof at a variable or fluctuating rate; or
"(C) is a renewal, extension, or other modification is made
with the written consent of any person obligated to repay such
loan; and
"(2)(A) is an original principal amount of $25,000 or more
($1,000 or more on or after the date of enactment of the Housing
and Community Development Act of 1980); or
"(B) is part of a series of advances if the aggregate of all
sums advanced or agreed or contemplated to be advanced pursuant to
a commitment or other agreement thereof is $25,000 or more ($1,000
or more on or after the date of enactment of the Housing and
Community Development Act of 1980).".
(2) The amendments made by paragraph (1) // 12 USC 86a take effect on
April 1, 1980.
(d) Part B of title V of such Act, other than section 512(b), is
amended by striking out "$25,000" wherever it appears and inserting in
lieu thereof "$1,000".
(e) Section 501(a)(1)(C)(vi) of such Act is amended by inserting
before the period at the end thereof the following: ", and any
individual who finances the sale or exchange of residential real
property which such individual owns and which such individual occupies
or has occupied as his principal residence".
Sec. 325. (a) The first sentence of section 5 A(b)(1) of the Federal
Home Loan Bank Act // 12 USC 1425a. // is amended--,
(1) by striking out "and" before "(E)";
(2) by redesignating clause (E) as subparagraph (E);
(3) by striking out the period at the end of subparagraph (E)
and inserting in lieu thereof a semicolon; and
(4) by adding at the end thereof the following:
"(F) to such extent as the Board may approve as liquid, highly
rated corporate debt obligations with 3 years or less remaining
until maturity; and
"(G) to such extent as the board may so approve, highly rated
commercial paper with 270 days or less remaining until maturity.".
(b) Section 916 of the Housing and Urban Development Act of 1970 //
84 Stat. 1816. // is amended by adding at the end thereof the following
sentence: " In addition, to such extent as the Federal Home Loan Bank
Board may so approve, unpledged deposits in the Savings Banks Trust
Company, New York, New York, may be considered assets for the purpose of
meeting the liquidity requirements of section 5 A(b) of the Federal Home
Loan Bank Act (12 U.S.C. 1425a(b)).".
STANDARDS FOR
NEW BUILDINGS
Sec. 326. (a) Paragraphs (1) and (2) of section 304(a) of the Energy
Conservation Standards for New buildings Act of 1976 // 42 USC 6833. //
are amended by striking out "within 6 months after the date of
publication of the proposed standards" in the last sentence of each such
paragraph and inserting in lieu thereof "by April 1, 1983,".
(b) Section 304(a)(1) of such Act is amended by inserting the
following new sentences after the first sentence thereof: " Interim
performance standards for new Commercial buildings shall be promulgated
by August 1, 1981, and, for at least the 12-month period beginning on
such date, the Secretary of Energy shall conduct a demonstration project
utilizing such standards in at least two geographical areas in different
climatic regions of the country. Prior to the effective date of final
performance standards promulgated pursuant to this paragraph and not
later than 180 days after completing such demostration project, such
Secretary shall transmit to both Houses of the Congress a report
containing an analysis of the findings and conclusions made as a result
of carrying out such project, including at least an analysis of the
effect such standards would have on the design, construction costs, and
the estimated total energy savings (including the types of energy) to be
realized from utilizing such energy standards in commercial buildings.".
(c) Section 304(a)(2) of such Act is amended by inserting the
following new sentences after the first sentence thereof: " Interim
performance standards for new residential buildings shall be promulgated
by August 1, 1981, and, for at least the 12-month period beginning on
such date, the Secretary of Energy shall conduct a demonstration project
utilizing such standards in at least two geographical areas in different
climatic regions of the country. Prior to the effective date of final
performance standards promulgated pursuant to this paragraph and not
later than 180 days after completing such demonstration project, such
Secretary shall transmit to both Houses of the Congress a report
containing an analysis of the findings and conclusions made as a result
of carrying out such project, including at least (A) an analysis of the
impact of such standards on builders (especially on small builders) and
on the cost of constructing such buildings and the impact of such cost
on the ability of low-and moderate-income persons to purchase or rent
such buildings, and (B) an analysis of the estimated total energy
savings (including the types of energy) to be realized from utilizing
such standards in residential buildings.".
(d) Section 306 of such Act // 42 USC 6835. // is amended by
striking out "final performance standards" and all that follows and
inserting in lieu thereof the following: "interim performance standards
promulgated pursuant to section 304(a). Upon the effective date of the
final performance standards promulgated pursuant to such section, the
head of each such agency shall adopt such procedures as may be necessary
to assure that construction of any Federal building meets or exceeds the
applicable final performance standards.".
(e) Section 526 of the National Housing Act // 12 USC 1735f-4 is
amended by striking out ", until such time as the energy conservation
performance standards required under the Energy Conservation Standards
for New Buildings Act of 1976 // 42 USC 6801 // become effective" in the
second sentence.
Sec. 327. Section 223(f) of the National Housing Act // 12 USC
1715n. // is amended--,
(1) by inserting "(1)" after "(f)";
(2) by inserting "(2)" at the beginning of the second sentence
and redesignating that sentence as a new paragraph;
(3) by inserting "the purchase or" after " In the case of" in
paragraph (2) as so redesignated;
(4) by inserting after "located in an older, declining urban
area, the Secretary shall" in paragraph (2), as so redesignated,
the following: "make available an amount not to exceed
$30,000,000 of available purchase authority pursuant to section
305 of this Act
// 12 USC 1720. //
to reduce interest rates on low-and moderate-income rental housing
in projects having 100 units or less which otherwise could no
support refinancing and moderate rehabilitation without causing
excessive rent burdens on current tenants due to rent increases.
The Secretary shall";
(5) by striking out "(1)" before "the refinancing" in paragraph
(2), as so redesignated and inserting in lieu thereof "(A)" and by
striking out "and" after the semicolon;
(6) in paragraph (2) as so redesignated, by striking out "(2)"
before "during" and inserting in lieu thereof "(B)", by inserting
"and maintain reasonable profit levels" before "approved by the
Secretary";
(7) by inserting after subparagraph (B), as so redesignated,
the following:
"(3) For all insurance authorized by this subsection and provided
pursuant to a commitment entered into after the date of enactment of the
Housing and Community Development Act of 1980, the Secretary may not
accept an offer to prepay or request refinancing of a mortgage secured
by rental housing unless the Secretary takes appropriate action that
will obligate the borrower (and successors in interest thereof) to
utilize the property as a rental property for a period of five years
from the date on which the insurance was provided (twenty years in the
case of any such mortgage purchased under section 305) unless the
Secretary finds that--,
"(A) the conversion of the property to a cooperative, or
condonminium form of ownership is sponsored by a bona fide
tenants' organization representing a majority of the households in
the project;
"(B) continuance of the property as rental housing is clearly
unnecessary to assure adequate rental housing opportunities for
low-and moderate-income people in the community; or
"(C) continuance of the property as rental housing would have
an undesirable and deleterious effect on the surrounding
neighborhood."; and
(8) by inserting "(5)" before the sentence beginning " In the
case of refinancing of an exisiting hospital" and redesignating
that sentence as paragraph (5).
Sec. 328. Section 203 of the National Housing Act // 12 USC 1709.
// is amended by adding at the end thereof the following new subsection:
"(p)(1) Notwithstanding any other provision of this section or any
other section of this title, the Secretary is authorized to insure, and
to commit to insure, under subsection (b) of this section as modified by
this subsection a mortgage which meets both the requirements of this
subsection and such criteria as the Secretary by regulation shall
prescribe to further the purpose of this subsection, in any community
where the Secretary determines that--,
"(A) temporary adverse economic conditions exist throughout the
community as a direct and primary result of outstanding claims to
ownership of land in the community be an American Indian tribe,
band, or nation;
"(B) such ownership claims are reasonably likely to be settled,
by court action or otherwise; and
"(C) fifty or more individual homeowners were joined as parties
defendant or were members of a defendant class prior to April 1,
1980, in litigation involving claims to ownership of land in the
community by an American Indian tribe, band, group, or nation
pursuant to a dispute involving the Articles of Confederation,
Trade and Intercourse Act of 1790,
// USC prec. title I, 1 Stat. 137. //
or any similar State or Federal law.
"(2) A mortgage shall be eligible for insurance under subsection (b)
of this section as modified by this subsection without regard to
limitations in this title relating to marketability of title, or any
other statutory restriction which the Secretary determines is contrary
to the purpose of this subsection, but only if the mortgagor is an
owner-occupant of a home in a community specified in paragraph (1). The
Secretary, in connection with any mortgage insured under subsection (b)
as modified by this subsection, shall have all statutory powers,
authority, and responsibilities which the Secretary has with respect to
other mortgages insured under subsection (b), except that the Secretary
may modify such powers, authority, or responsibilities where the
Secretary deems such action to be necessary because of the special
nature of the mortgage involved. Notwithstanding section 202 of this
title, // 12 USC 1708. // the insurance of a mortgage under subsection
(b) of this section as modified by this subsection shall be the
obligation of the Special Risk Insurance Fund created pursuant to
section 238 of this title.". // 12 USC 1715z-3. //
ASSISTED PROJECTS
Sec. 329. Section 3 of the Housing and Urban Development Act of 1968
// 12 USC 1701u. // is amended--,
(1) by striking out "residing in the area of such project" in
paragraph (1) and inserting in lieu thereof "residing within the
unit of local government or the metropolitan area (or
nonmetropolitan county), as determined by the Secretary, in which
the project is located"; and
(2) by striking out "residing in the area of such project" in
paragraph (2) and inserting in lieu thereof "residing in the same
metropolitan area (or nonmetropolitan county) as the project".
Sec. 330. // 12 USC 1723a // If the Federal National Mortgage
Asociation submits to the Secretary of Housing and Urban Development or
the Secretary of the Treasury, after the date of enactment of this
section, a proposal with respect to undertaking a mortgage-backed
securities program, the Secretary of Housing and Urban Development or
the Secretary of the Treasury, as the case may be, shall, within 90 days
after submission of such proposal, approve the proposal or transmit to
the Congress a report explaining why the proposal has not been approved.
ACCEPTABLE STANDARDS FOR MASONRY CONSTRUCTION
Sec. 331. (a) Until the Secretary of Housing and Urban Development
submits the report required by subsection (b) to the Congress, any final
rule published for effect by the Secretary pertaining to increases in
thermal requirements for the Department of Housing and Urban
Development's minimum property standards shall provide for the
continuation of any local acceptable standards exemptions, approved by
the Secretary prior to May 31, 1979, which are applicalbe to masonry
construction.
(b) The Secretary shall conduct an analysis and, on August 1, 1981,
report to Congress on the cost of constructing, heating, and cooling
masonry, frame, log, and other buildings that comply with the increased
thermal requirements and on the competitive economic impact of applying
such increased thermal standards or permitting any exemptions from them.
(c) If such analysis shows there is an economic justification for any
exemption from the thermal standards, an appropriate exemption for a
specific construction type in a specific geographical location may be
provided by the Secretary.
Sec. 332. Section 3(a) of Public Law 90 - 301 // 12 USC 1709 - 1.
// is amended--,
(1) by inserting "(1)" after " Sec. 3. (a)";
(2) by inserting ", except those provided for in paragraph
(2)," in the first sentence after "for all purposes"; and
(3) by adding the following new paragraph at the end thereof:
"(2)(A) Notwithstanding any other provision of law, the Secretary may
provide that the interest rate applicable to mortgages insured under
section 203(b) of the National Housing Act // 12 USC 1709. // shall be
an interest rate specified in a commitment agreement which is negotiated
between the mortgagor and mortgagee if--,
"(i) the mortgagee discloses to the borrower, prior to the
commitment, information on the applicable, maximum rate
established under paragraph (1) and a good faith estimate of the
prevailing number of discount points associated with such rate;
"(ii) the agreement commits the mortgagee to such specified
interest rate for at least 30 days after the date on which it is
entered into; and
"(iii) the agreement contains a commitment with respect to any
discount points to be charged which shall be binding during the
same period as the commitment period with respect to the specified
interest rate.
"(B) The number of mortgages which are insured in accordance with
this paragraph in any fiscal year may not exceed--,
"(i) the number of mortgages which exceeds 10 per centum of all
mortgages insured under such section 203
// 12 USC 1709. //
during the preceding fiscal year, or
"(ii) 50,000 mortgages,
whichever is greater.
"(C) The provisions of this paragraph shall not apply with respect to
mortgages which are subject to section 245 of the National Housing Act.
// 12 USC 1715z-10. //
"(D) The Secretary shall monitor experience under this paragraph and
report to Congress by March 1, 1982, comparing the discount points and
effective yields associated with mortgages insured under this paragraph
with the discount points and effective yields associated with (i)
mortgages in the conventional mortgage market, and (ii) other mortgages
insured under section 203(b) of the National Housing Act.".
Sec. 333. (a) Section 203(b)(3) of the National Housing Act // 12
USC 1709. // is amended by striking out the following: "or
three-quarters of the Secretary's estimate of the remaining economic
life of the building improvements, whichever is the lesser".
(b) Section 220(h)(2)(iv) of such Act // 12 USC 1715k. // is amended
by striking out the following: "or three-quarters of the remaining
economic life of the structure, whichever is the lesser".
(c) Section 221(d)(6) of such Act // 12 USC 1715l. // is amended by
striking out ": Provided, That no mortgage insured under subsection
(d)(2) shall have a maturity exceeding three-quarters of the Secretary
estimate of the remaining economic life of the building improvements".
(d) Section 221(i)(2)(A)(iv) of such Act is amended by striking out
"the lesser of" and by striking out "or three-quarters of the
Secretary's estimate of the remaining economic life of the building
improvements".
(e) Section 234(c) of such Act // 12 USC 11715y. // is amended by
striking out the following: "or three-fourths of the Secretary's
estimate of the remaining economic life of the project, whichever is the
lesser".
(f) Section 240(c)(5) of such Act // 12 USC 1715z-5. // is amended
by stiking out the following "or three-quarters of the remaining
economic life of the home, whichever is the lesser".
Sec. 334. (a) Section 7(o)(3) of the Department of Housing and Urban
Development Act // 42 USC 3535. // is amended by striking out "20" each
place it appears and inserting in lieu thereof "30".
(b) The amendment made by subsection (a) // 42 USC 3535 // shall
apply only to rules and regulations which are published as final on or
after the date of enactment of this Act.
IN
CERTAIN SITUATIONS
Sec. 335. Section 306(g) of the Federal National Mortgage
Association Charter Act // 12 USC 1721. // is amended--,
(1) by striking out " Any Federal, State, or other law to the
contrary notwithstanding, the" in the fourth sentence and
inserting in lieu thereof " The"; and
(2) by inserting after the fourth sentence the following new
sentence: " No State or local law, and no Federal law (except
Federal law enacted expressly in limitation of this subsection
after the effective date of this sentence), shall preclude or
limit the exercise by the Association of (A) its power to contract
with the issuer on the terms stated in the preceding sentence, (B)
its rights to enforce any such contract with the issuer, or (C)
its ownership rights, as provided in the preceding sentence, in
the mortgages constituting the trust or pool against which the
guaranteed securities are issued.".
Sec. 336. (a) Section 203(b)(2) of the National Housing Act // 12
USC 1709. // is amended by inserting after "four-family residence" the
following: "; except that the Secretary may increase the preceding
maximum dollar amounts on an area-by-area basis to the extent the
Secretary deems necessary, after taking into consideration the extent to
which moderate and middle income persons have limited housing
opportunities in the area due to high prevailing housing sales prices,
but in no case may such limits, as so increased, exceed the lesser of
(A) 133 1/3 per centum of the dollar amount specified, or (B) in the
case of a one-family residence, 95 per centum of the median one-family
house price in the area, as determined by the Secretary; in the case of
a two-family residence, 107 per centum of such median price; in the
case of a three-family residence, 130 per centum of such median price;
or in the case of a four-family residence, 150 per centum of such median
price".
(b) Section 220(d)(3)(A)(i) of such Act // 12 USC 1715k. // is
amended--,
(1) by striking out "$67,500" and all that follows through
"four-family residence" and inserting in lieu thereof the
following: "the applicable maximum principal obligation which may
be insured in the area under section 203(b)";
(2) by striking out "$107,000" the second place it appears and
inserting in lieu thereof "the applicable maximum principal
obligation secured by a four-family residence which may be insured
in the area under section 203(b)"; and
(3) by stiking out "$8,250" and inserting in lieu thereof
"$9,165".
(c) Section 222(b)(2) of such Act // 12 USC 1715m. // is amended to
read as follows:
"(2) involve a dwelling designed principally for a one-family
residence or a one-family unit in a condominium project;".
(d) Section 234(c) of such Act // 12 USC 1715y. // is amended by
inserting after "$67,500," the following: "except that the Secretary
may increase such maximum dollar amount on an area-by-area basis to the
extent the Secretary deems necessary, after taking into consideration
the extent to which moderate and middle income persons have limited
housing opportunities in the area due to high prevailing housing sales
prices, but in no case may such limit, as so increased, exceed the
lesser of 111 per centum of such amount or 95 per centum of the median
one-family house price in the area, as determined by the Secretary;".
(e) The Secretary of Housing and Urban Development shall conduct a
study of the appropriate role of mortgage and loan insurance programs
administered by the Federal Housing Administration--,
(1) in assisting various income groups to obtain homeownership;
(2) in assuring an adequate level of new home construction;
(3) in assuring an adequate flow of capital into mortgage
markets; and
(4) in moderating housing costs.
In conducting such study, the Secretary shall examine the desirability
and feasibility of establishing mortgage limits for the mortgage
insurance programs on an area-by-area basis and the desirability and
feasibility of doing so by relating such limits to housing sales price
data or indices. The Secretary shall prepare a report (including such
recommendations as the Secretary deems appropriate) based upon such
study and transmit it to the Congrss by March 1, 1981.
EMERGENCY
HOME PURCHASE ASSISTANCE ACT OF 1974
Sec. 337. (a) Section 3(b) of the Emergency Home Purchase Assistance
Act of 1974 // 12 USC 1723e // is amended by striking out " October 16,
1980" and inserting in lieu thereof " October 1, 1981".
(b) Section 313 of the National Housing Act // 12 USC 1723e. // is
amended--,
(1) by inserting "and if the Secretary determines that the
implementation of this section will not significantly worsen
inflationary conditions," after "1968," in the first sentence of
subsection (a)(1);
(2) by striking out "mortgages" in the first sentence of
subsection (a)(1) and inserting in lieu thereof "mortgages and
securities";
(3) by striking out "mortgages (1)" in the first sentence of
subsection (b) and inserting in lieu thereof "(1) mortgages";
(4) by striking out "or (2)" in the first sentence of
subsection (b) and inserting in lieu thereof ", (2) securities
guaranteed by the Association and backed by loans and advances of
credit insured under title I of the National Housing Act
// 12 USC 1702. //
or guaranteed under chapter 37 of title 38, United States Code,
// 38 USC 1801 //
and made for the purchase of a manufactured home and lot, or
manufactured home, or (3) mortgages";
(5) by inserting "or guaranteed under title V of the Housing
Act of 1949"
// 42 USC 1471. //
before "or by qualified" in the first sentence of subsection (b);
(6) by striking out all that follows "such mortgage involves an
original principal obligation not to exceed" in clause (B) of the
second sentence of subsection (b) and inserting in lieu thereof
the following: ", for that part of the property attributable to
dwelling use in the case of a more than four-family residence, the
per unit limitations under the section of the National Housing Act
// 12 USC 1701. //
under which the project mortgage is insured or, in the case of a
manufactured home loan or advance of credit, the limitation
contained in section 2(b) of this Act;";
// 12 USC 1703. //
(7) by striking out in clause (C) of the second sentence of
subsection (b) "such mortgage involves an interest rate not in
excess of that which the Secretary may prescribe, taking into
account the cost of funds and administrative costs under this
section, but in no event shall such rate exceed the lesser of (i)
7 1/2 per centum, or (ii) the rate set by the Secretary applicable
to mortgages insured under section 203(b) of the National Housing
Act"
// 12 USC 1709. //
and inserting in lieu thereof the following: "such mortgage
involves an interest rate which the Secretary may prescribe which
shall be as high as feasible consistent with meeting the
objectives of this section at the lowest feasible cost, but if
such mortgage is executed to finance the acquisition of a
one-to-four family residence, it may not bear interest at a rate
lower than 3 percentage points below the average contract
commitment rate for single family, thirty-year conventional
mortgages with loan-to-value ratios of 90 per centum in the
monthly survey of all major lenders conducted by the Federal Home
Loan Bank Board which is most recently available at the time that
funds are released, and if such mortgage is executed to finance
the acquisition of a more than four-family residence, it may not
bear interest at a rate lower than 4 1/2 percentage points below
such average contract commitment rate";
(8) by striking out all that follows "such mortgage involves a
principal residence the sales price of which does not exceed" in
clause (D) of the second sentence of subsection (b) and inserting
in lieu thereof the following: "92 per centum of the applicable
maximum principal obligation which may be insured in the area
under section 203(b).";
(9) by adding the following new sentence at the end of
subsection (b):
" A security may be purchased under this section only if all of the
loans or advances of credit backing such security (i) finance the
purchase of manufactured homes and lots, or manufactured homes, which
will be the principal residences of the borrowers, and (ii) involve an
interest rate which the Secretary may prescribe which shall be as high
as feasible consistent with meeting the objectives of this section at
the lowest feasible cost, but in no event shall such rate be lower than
3 percentage points below the rate set by the Secretary and applicable
to loans and advances of credit insured under title I of the National
Housing Act."; // 12 USC 1702. //
(10) by inserting "or securities" after "mortgages" the first
time it appears in subsection (d)(2);
(11) by striking out "enactment of this section" in subsection
(e) and inserting in lieu thereof "the issuance of the commitment
to purchase the mortgage";
(12) by inserting "or securities" after "mortgages" in
subsection (f)(1);
(13) in subsection (h)--,
(14) by adding at the end thereof the following new
subsections:
"(i) The Association may not purchase under this section any mortgage
or loan which was executed or made (1) to finance the conversion of an
existing rental housing project into a condominium or cooperative
project, or (2) to finance the purchase of an individual unit in a
condominium project or the purchase of a share in a cooperative project,
in connection with such a conversion.
"(j) In carrying out the provisions of this section, the Association
shall, to the extent practicable, purchase mortgages secured by dwelling
units which contribute to the conservation of land and energy
resources.".
Sec. 338. section 305(c) of the Federal National Mortgage
Association Charter Act // 12 USC 1720. // is amended by inserting the
following before the period at the end thereof: ", and by $900,000,000
on October 1, 1980".
Sec. 339. (a)(1) Section 302(b)(3) of the Federal National Mortgage
Association Charter Act // 12 USC 1717. // is amended to read as
follows:
"(3) The corporation is authorized, with the approval of the
Secretary of Housing and Urban Development, to purchase, service, sell,
lend on the security of, and otherwise deal in loans or advances of
credit for the purchase and installation of home imporvements, including
energy conserving imporvements or solar energy systems described in the
last paragraph of section 2(a) of the National Housing Act // 12 USC
1703. // and residential energy conservation measures as described in
section 210(11) of the National Energy Conservation Policy Act // 42 USC
8211. // and financed by a public utility in accordance with the
requirements of title II of such Act. // 42 USC 8211. // To be eligible
for purchase, any such loan or advance of credit (other than a loan or
advance made with respect to energy conserving improvements or solar
energy systems or residential energy conservation measures) not insured
under title I of the National Housing Act // 12 USC 1702. // shall be
secured by a lien against the property to be improved.".
(2) When the Federal National Mortgage Association submits its
proposal to the Secretary of Housing and Housing and Urban Development
to implement the authority granted by the amendment made by paragraph
(1), the Secretary of Housing and Urban Development shall, within 75
days, approve such proposal or transmit to the Congress a report
explaining why such proposal has not been approved.
(b)(1) Section 302(b) of such Act // 12 USC 1717. // is amended by
adding at the end thereof the following:
"(4) The corporation is authorized, with the approval of the
Secretary of Housing and Urban Development, to purchase, service, sell,
lend on the security of, and otherwise deal in loans or advances of
credit secured by mortgages or other liens against manufactured homes.".
(2) When the Federal National Mortgage Association submits its
proposal to the Secretary of Housing and Urban Development to implement
the authority granted by the amendment made by paragraph (1), the
Secretary of Housing and Urban Development shall, within 75 days,
approve such proposal or transmit to the Congress a report explaining
why such proposal has not been approved.
Sec. 340. (a) Section 304 of the Home Mortgage Disclosure Act of
1975 // 12 USC 2803. // is amended--,
(1) by striking out " Office of Management and Budget" in
subsection (a)(1) and inserting in lieu thereof " Department of
Commerce";
(2) by amending subsection (a)(2)(A) to read as follows:
population
of more than 30,000, within that standard metropolitan
statistical area, otherwise, by county, for mortgage
loans
secured by property located within any other county
within
that standard metropolitan statistical area."; and
(3) by adding at the end thereof the following:
"(d) Notwithstanding the provisions of subsection (a)(1), data
required to be disclosed under this section for 1980 and thereafter
shall be disclosed for each calendar year. Any depository institution
which is required to make disclosures under this section but which has
been making disclosures on some basis other than a calendar year basis
shall make available a separate disclosure statement containing data for
any period prior to calendar year 1980 which is not covered by the last
full year report prior to the 1980 calendar year report.
"(e) The Board shall prescribe a standard format for the disclosures
required under this section.
"(f) The Federal Financial Institutions Examination Council, in
consultation with the Secretary, shall implement a system to facilitate
access to data required to be disclosed under this section. Such system
shall include arrangements for a central depository of data in each
standard metropolitan statistical area. Disclosure statements shall be
made available to the public for inspection and copying at such central
depository of data for all depository institutions which are required to
disclose information under this section (or which are exempted pursuant
to section 306(b)) // 12 USC 2805. // and which have a home office or
branch office within such standard metropolitan statistical area.".
(b) Section 310 of such Act // 12 USC 2809. // is repealed.
(c) Such Act is amended by adding at the end thereof the following:
" Sec. 310. // 12 USC 2809. // (a) Beginning with data for calendar
year 1980, the Federal Financial Institutions Examination Council shall
compile each year, for each standard metropolitan statistical area,
aggregate data by census tract for all depository institutions which are
required to disclose data under section 304 // 12 USC 2803. // or which
are exempt pursuant to section 306(b). // 12 USC 2805. // The Council
shall also produce tables indicating, for each standard metropolitan
statistical area, aggregate lending patterns for various categories of
census tract grouped according to location, age of housing stock, income
level, and racial characteristics.
"(b) The Board shall provide staff and data processing resources to
the Council to enable it to carry out the provisions of subsection (a).
"(c) The data and tables required pursuant to subsection (a) shall be
made available to the public by no later than December 31 of the year
following the calendar year on which the data is based.
" Sec. 311. // 12 USC 2810. // Beginning with data for calendar year
1980, the Secretary shall make publicly available data in the
Secretary's possession for each mortgagee which is not otherwise subject
to the requirements of this title // 12 USC 2805. // and which is not
exempt pursuant to section 306(b), with respect to mortgage loans
approved by the Secretary for insurance under title I or II of the
National Housing Act. // 12 USC 1702, 1707. // Such data to be
disclosed shall consist of data comparable to the data which would be
disclosed if such mortgagee were subject to the requirements of section
304. // 12 USC 2803. // Dislosure statements containing data for each
such mortgagee for a standard metropolitan statistical area shall, at a
minimum, be publicly available at the central depository of data
established pursuant to section 304(f) for such standard metropolitan
statistical area. The Secretary shall also compile and make publicly
available aggregate data for such mortgagees by census tract, and tables
indicating aggregate lending patterns, in a manner comparable to the
information required to be made publicly available in accordance with
section 310.
" Sec. 312. // 12 USC 2811. // The authority granted by this title
shall expire on October 1, 1985.".
(d) The Federal Financial Insitutions Examination Council, in
consultation with the Administrator of the Small Business
Administration, shall conduct a study to assess the feasbility and
usefulness of requiring depository institutions which make small
business loans to compile and publicly disclose information regarding
such loans. The Council shall submit a report on the results of such
study, together with recommendations, to the Committee on Banking,
Housing, and Urban Affairs of the Senate and the Committee on Banking,
Finance and Urban Affairs of the House of Representatives not later than
March 1, 1981.
(e) To promote efficiency and avoid duplication to the maximum extent
feasible, the Federal Financial Institutions Examination Council shall
transmit a report to the Congress not later than September 30, 1982, on
the feasibility and desirability of establishing a unified system for
enforcing fair lending laws and regulations, implementing the Community
Reinvestment Act of 1977, // 12 USC 2901 // and satisfying the public
disclosure purposes of the Home Mortgage Disclosure Act of 1975. // 12
USC 2801 // Such report shall evaluate the status and effectiveness of
data collection and analysis systems of such agencies involving fair
lending and community reinvestment, and shall outline possible specific
timetables for implementing such a unified system.
Sec. 341. Section 230 of the National Housing Act is amended to read
as follows:
ACQUISITION OF
MORTGAGES TO AVOID FORECLOSURE
" Sec. 230. // 12 USC 1715u. // (a)(1) Upon receiving notice of the
default of any mortgage covering a one-, two-, three-, or four-family
residence insured under this Act, the Secretary (for the purpose of
avoiding foreclosure of the mortgage, and notwithstanding the fact that
the Secretary has previously approved a request of the mortgagee for an
extension of the time for curing the default and of the time for
commencing foreclosure proceedings or for otherwise acquiring title to
the mortgaged property, or has approved a modification of the mortgage
for the purpose of changing the amortization provisions by recasting the
unpaid balance) may make all or part of the monthly payments due under
the mortgage directly to the mortgagee on behalf of the mortgagor, if
such default was caused by circumstances which are beyond the
mortgagor's control and render the mortgagor temporarily unable to
correct a mortgage delinquency and to resume full mortgage payments.
Payments may be made only in accordance with the provisions of this
subsection and shall be subject to any additional requirements the
Secretary may prescribe.
"(2) No payments may be provided under this subsection unless the
Secretary has determined that such payments are necessary to avoid
foreclosure and that there is a reasonable prospect that the mortgagor
will be able--,
"(A) to resume full mortgage payments within thirty-six months
after the beginning of the period for which such payments are
provided or upon termination of assistance under this subsection;
"(B) to commence repayment of the payments made under this
subsection at a time designated by the Secretary; and
"(C) to pay the mortgage in full by its maturity date or by a
later date established by the Secretary for completing the
mortgage payments.
"(3) Payments under this subsection may be in an amount determined by
the Secretary up to the amount of the principal, interest, taxes,
assessments, ground rents, hazard insurance, mortgagee's expenses in
connection with payments or repayments under this subsection, and
mortgage insurance premiums due under the mortgage, and the intial
payment may include an amount necessary to make the payments on the
mortgage current. Payments may not exceed amounts which the Secretary
determines to be necessary to supplement the amounts, if any, which the
mortgagor is capable of contributing toward the mortgage payments.
"(4) Payments under this subsection may be provided for a period of
not to exceed eighteen months, and any period of default. Such period
may be extended, in the Secretary's discretion, for not to exceed
eighteen months where the Secretary has determined that such extension
is necessary to avoid foreclosure and that there is a reasonable
prospect that the mortgagor will be able to make the payments and
repayments specified in paragraph (2) of this subsection. The Secretary
shall establish procedures for periodic review of the mortgagor's
financial circumstances for the purpose of determining the necessity for
continuation, termination, or adjustment in the amount of the payments.
Payments shall be discontinued at any time when the Secretary determines
that, because of changes in the mortgagor's financial circumstances, the
payments are no longer necessary to avoid foreclosure or that there is
no longer a reasonable prospect that the mortgagor will be able to make
the payments and repayments specified in paragraph (2) of this
subsection.
"(5) All payments shall be secured by a lien on the property and by
such other obligation as the Secretary may require. Payments shall be
repayable upon terms and conditions prescribed by the Secretary, and
such terms and conditions may include requirements for repayment of any
amount paid by the Secretary toward a mortgagee's expenses in connection
with the payment or repayments made under this subsection. The
Secretary may establish interest charges on payments made under this
subsection; except that such charges shall not exceed a rate which is
more than the maximum interest rate applicable with respect to level
payment mortgages insured pursuant to section 203(b) of this Act // 12
USC 1709. // at the time assistance under this section is approved by
the Secretary. Such charges shall be payable notwithstanding any
provision of any State constitution or law or local law which limits the
rate of interest on loans or advances of credit.
"(6) Payments under this subsection may be made without regard to
whether the Secretary has previously taken action to avoid mortgage on
behalf of a mortgagor previously assisted under this section only in
cases in which full mortgage payments (and any repayments to the
Secretary which may have been requested) have been made by such
mortgagor for at least 12 months from the time such previous assistance
under this section was terminated.
"(b)(1) When the Secretary receives notice of a default described in
subsection (a)(1) and makes a determination that assistance under
subsection (a) would be inappropriate in the case of the mortgagor, the
Secretary (for the purpose of avoiding foreclosure of the mortgage, and
notwithstanding the facts described in the parenthetical material
contained in subsection (a)(1) and the fact that payments have been made
under subsection (a) with respect to the mortgage) shall, if determined
necessary by the Secretary, acquire the mortgage and security therefor
upon payment of the insurance benefits in an amount equal to the unpaid
principal balance of the mortgage plus any unpaid mortgage interest and
reimbursement for such costs and attorney's fees as the Secretary finds
were properly incurred in connection with the defaulted mortgage and its
assignment to the Secretary, and for any proper advances theretofore
made by the mortgagee under the provisions of the mortgage. After the
acquisition of such mortgage by the Secretary, the mortgagee shall have
no further rights, liabilities, or obligations with respect thereto.
The provisions of section 204 // 12 USC 1710. // relating to the
issuance of debentures incident to the acquisition of foreclosed
properties shall apply with respect to debentures issued under this
subsection, and the provisions of section 204 relating to the rights,
liabilities, and obligations of a mortgagee shall apply with respect to
the Secretary when the Secretary has acquired an insured mortgage under
this section, in accordance with and subject to regulations (modifying
such provisions to the extent necessary to render their application for
such purpose appropriate and effective) which shall be prescribed by the
Secretary.
"(2) The Secretary may provide assistance, to a mortgagor whose
mortgage has been acquired under paragraph (1) of this subsection,
through forebearance of interest or principal, or both, or through other
means, for a period of not more than eighteen months after the
acquisition of the mortgage, if the mortgagor has not been assisted
under subsection (a) within twelve months of the date of such
acquisition and if the Secretary determines that there is a reasonable
prospect that the mortgagor will be able to meet the conditions
described in subsection (a)(2). Such period may be extended, in the
Secretary's discretion, for not to exceed eighteen months where the
Secretary has determined that such extension is necessary to avoid
foreclosure and that there is a reasonable prospect that the mortgagor
will be able to meet the conditions described in subsection (a)(2).
Such assistance (which may include any expenses of the Secretary
incurred in connection with providing such assistance) shall be
repayable upon terms and conditions prescribed by the Secretary, except
that in no event shall any interest rate charged on such repayments
exceed the interest rate chargeable for repayments of assistance made
under subsection (a). Such rate shall be payable notwithstanding any
provision of any State constitution or law or local law which limits the
rate of interest on loans or advances of credit.
"(3) In carrying out paragraph (1), the Secretary shall, if
determined necessary by the Secretary, acquire a mortgage, with respect
to which assistance was being provided under subsection (a) immediately
prior to such acquisition, for the sole purpose of extending the term of
repayment under the mortgage so that the mortgagor will be able to make
the full payments on the mortgage.
"(c) All expenditures made under this section shall be made from the
insurance fund chargeable for insurance benefits on the mortgage
covering the property to which the payments made relate, and any
payments received under this section shall be credited to such fund;
except that payments made pursuant to subsection (a) of this section may
only be made to the extent approved in appropriation Acts.
"(d) The Secretary shall, to the extent practicabe, provide
home-ownership counseling to persons assisted under this section.".
Sec. 401. Section 701 of the Housing Act of 1954 is amended to read
as follows:
" Sec. 701. // 40 USC 461. // (a) The Congress finds that--,
"(1) the general welfare requires the conservation and the
orderly and efficient growth and development of the Nation's
communities, particularly communities suffering from fiscal,
economic, and social distress;
"(2) effective and coordinated planning efforts at all levels
of government are necesary in order for such conservation, growth,
and development to be effectively and efficiently achieved;
"(3) a major component of such planning effort should be
detailed strategies that can guide governmental actions in order
to assure that, to the maximum extent practicable, the goals and
objectives of such plans will be achieved through the
implementation of such planning efforts;
"(4) such planning efforts and strategies should be consistent
with National Policy Objectives; and
"(5) Federal actions and programs, to the extent practicable,
should be administered in conformance with State, areawide and
local plans and strategies.
"(b) The purposes of this section are--,
"(1) to provide assistance to encourage State and local
governments and areawide planning organizations to develop
strategies for implementing comprehensive plans (or components of
such plans) and to the extent necessary comprehensive plans or
components of such plans, giving particular emphasis to those
strategies which are designed to implement those components of the
plan which relate to the National Policy Objectives; and
"(2) to encouage, to the maximum extent practicable, the
coordination of Federal policy and program decisions with such
plans and strategies.
"(c) As used in this section--,
"(1) the term 'secretary' means the Secretary of Housing and
Urban Development;
"(2) the term 'state' means any State of the United States, the
District of Columbia, and the Commonwealth of Puerto Rico;
"(3) the term 'unit of general local government' means any
city, county, town, township, parish, village, or other general
purpose political subdivision of a State;
"(4) the term ' Indian tribe' means any Indian tribe, band,
group, and nation, including Alaska Indians, Aleuts, and Eskimos,
and any Alaskan Native Village, of the United States, which is
considered an eligible recipient under the Indian
Self-Determination and Education Assistance Act (Public Law 93 -
638)
// 25 USC 450 //
or under the State and Local Fiscal Assistance Act of 1972 (Public
Law 92 - 512);
//31 USC 1221 //
"(5) the term 'metropolitan area' means a standard metropolitan
statistical area, established by the Department of Commerce,
except that, to the extent the Secretary deems apropriate to carry
out the purposes of this section, the Secretary may modify or
extend such an area, but such modification or extension shall not
affect the boundaries of any standard metropolitan statistical
area for any other purpose;
"(6) the term 'areawide planning organization' means any
multijurisdictional unit which--,
compact, or
interlocal agreement for the purpose of formulating
policies
and plans for the orderly development of a substate or
interstate region;
Act of
1968;
// 42 USC 4231. //
governments
on its governing body; and
"(7) the term ' National Policy Objectives' means--,
communities,
particularly the improvement of those communities
which are characterized by fiscal, economic or social
distress;
persons,
women, and persons with special needs such as the
elderly
and handicapped, and a reduction in the cost of
housing; and
into
consideration the necessity of conseving energy;
"(8) the term 'comprehensive plan' means a plan which includes,
at least, housing and land use elements which take into account
factors prescribed by the Secretary, including those required to
achieve the National Policy Objectives;
"(9) the term 'strategy' means a detailed strategy statement
designed to identify and describe the actions required to
implement such plan, or components of such plan, in order to
achieve, to the maximum extent practicable, the goals and
objectives of such plan or, in the absence of such plan, the
actions which will be required in the course of developing a
comprehensive plan; and
"(10) the term 'action program' means a program which includes
(A) an identification of specific actions that are necessary for
implementing elements included in the strategy statement; (B) an
identification of the governmental entity responsible for
undertaking each such action; (C) a timetable specifying when
each such action may be reasonably expected to be carried out;
and (D) to the maximum extent practicable, agreements, by the
governmental entities identified as being responsible for
undertaking such actions, that they will undertake such actions.
"(d)(1) The Secretary may contract to make, and make, grants on an
annual basis which are approved in accordance with the provisions of
this section to--,
"(A) States, for statewide activities;
"(B) States, for the provision of assistance to (i)
nonmetropolitan areawide planning organizations; (ii) units of
general local government (except counties) having a population of
less than 50,000 according to the latest decennial or mid-decade
census, as appropriate; (iii) counties, other than urban counties
as defined under title I of the Housing and Community Development
Act of 1974;
// 42 USC 5301. //
and (iv) any group of adjacent units of general local government
having a total population of less than 50,000 (according to the
latest decennial or med-decade census, as appropriate) and having
common or related planning needs; except that a grant may not be
made under this paragraph where the State would be undertaking the
activities described in subsection (e) on behalf of such
organization, local government, county, or group of adjacent units
of local government unless such organization, local government,
county, or group of adjacent units of local government requests
the State to undertake such activities;
"(C) metropolitan areawide planning organizations;
"(D) units of general purpose local government having a total
population of fifty thousand or more according to the latest
decennial or mid-decade census, as appropriate;
"(E) urban counties as defined under title I of the Housing and
Community Development Act of 1974;
"(F) Indian tribes; and
"(G) the Virgin Islands, Guam, the Northern Mariana Islands,
American Samoa, and the Trust Territory of the Pacific Islands.
"(2) In making grants under paragraph (1), the Secretary may make
grants to States for the provision of assistance to any entity which is
described in subparagraphs (C), (D), or (E) and which does not receive
direct funding from the Secretary under paragraph (1), except that such
grants may be made only if such entity notifies the Secretary of its
desire to receive funding through the State.
"(e) Grants may be made under this section only for those activities
determined by the Secretary to be necessary to assist--,
"(1) in the development of strategies and action programs to
implement a comprehensive plan or a part thereof or related plans
or planning and, where such a plan does not exist or is determined
by the Secretary to be inadequate, in the development of a
comprehensive plan;
"(2) in the development of evaluations or studies related to
such plan, strategies, or action programs; or
"(3) in the carrying out of the clearinghouse functions
required pursuant to OMB Circular A-95.
"(f)(1) The Secretary shall require that each recipient develop
strategies and action programs and, except as provided in paragraph (2),
maintain and update a comprehensive plan and a planning process.
"(2) In the case of a recipient that is not covered by or does not
have a comprehensive plan and a planning process, the Secretary shall
require, with respect to such a plan and process, only that such
recipient begin the phased development of such a plan and process in a
manner designed to assure that such a plan and process will be completed
in a reasonable period of time taking into consideration the nature and
scope of the recipient's reasonable planning needs and its financial
resources.
"(3) In carrying out this subsection, the Secretary shall require--,
"(A) citizen participation pursuant to regulations of the
Secretary;
"(B) the development and subsequent modifications of an
implementation strategy and an action program and, to the extent
necessary, a comprehensive plan and the review of such strategy,
program, and plan, at least triennially for necessary or desirable
amendments; and
"(C) procedures, including criteria set forth in advance, for
evaluating programs and activities undertaken pursuant to this
section to determine whether such programs and activities are
meeting the goals and objectives set forth in the strategies.
"(g) The Secretary may not approve a grant for any year after the
first year in which a grant pursuant to this section is made to a
recipient unless the Secretary determines that--,
"(1) additional funds are required to assist in the development
of the strategy, action program, and, to the extent necessary, the
comprehensive plan or part thereof; and
"(2) substantial progress has been made in the development and
implementation of the strategy.
To assist the Secretary in making such determinations, the applicant
shall submit to the Secretary such information as the Secretary may
require, including the performance report required pursuant to
subsection (1), except that at least triennially the Secretary shall
require the applicant to submit a detailed evaluation of the progress it
has made during the preceding three-year period toward the development
of such strategy and its implementation.
"(h) The Secretary shall encourage the cooperation of all interested
States, areawide planning organizations, municipalities, polictical
subdivisions, public agencies, and other parties in the preparation of
and in the carrying out of programs developed pursuant to this section.
Such parties shall be afforded by the recipient organization or
government a reasonable opportunity to comment on such strategies,
plans, and programs.
"(i) States are authorized, subject to approval of the Secretary, to
provide for the administration by areawide planning organizations of
assistance provided pursuant to subsection (d), except that
responsibility for adherence to the requirements of this section and
other applicable laws shall remain with the State.
"(j)(1) Contracts to make grants pursuant to this section shall
contain such terms and conditions as the Secretary may prescribe.
"(2) A grant made under subsection (d) shall not exceed two-thirds of
the estimated cost of the work for which the grant is made.
"(3) The Secretary is authorized by grant, contract, or otherwise to
provide technical assistance directly to the entities referred to in
subsection (d) to assist such entities to carry out the purposes of this
section.
"(k) In providing assistance to areawide planning organizations under
subsection (d), the Secretary (or the State, in the case of assistance
provided through the State) shall give preference to, and may provide
additional funding for, organizations which provide for voting rights
among their members weighted in proportion to the population of the
areas represented by such members.
"(l)(1) The Secretary shall, by regulation, established criteria for
the evaluation and approval of applications for grants under this
section.
"(2) For each year in which activities assisted under this section
are being carried out, each entity receiving assistance directly from
the Secretary shall submit to the Secretary a performance report
concerning activities carried out with such assistance. The Secretary
shall, at least on an annual basis, make such reviews and audits as may
be necessary or appropriate to determine whether a recipient of funds
under this section has carried out activities substantially as described
in its application, whether such actions and activities conformed to the
requirements of this section and other applicable laws, and whether the
recipient has a continuing capacity to carry out such actions and
activities in a timely manner. The Secretary shall adjust, reduce, or
withdraw grant funds, or take other action as appropriate in accordance
with such reviews and audits.
"(3) Insofar as they relate to funds provided under this section, the
financial transactions of recipients of such funds may be audited by the
General Accounting Office under such rules and regulations as may be
prescribed by the Comptroller General of the United States. The
representatives of the General Accounting Office shall have access to
all books, accounts, records, reports, files, and other papers, things,
or property belonging to or in use by such recipients pertaining to such
financial transactions and necessary to facilitate the audit.
"(m)(1) Grants made under this section shall only be used to carry
out planning and related activities necessary to carry out the purposes
of this section.
"(2) Grant assistance under this section shall not be used to defray
the cost of the acquisition, construction, repair or rehabilitation of,
or the preparation of engineering drawings or similar detailed
specifications for, specific housing, capital facilities, public works
projects, or for financing routine administrative responsibilities of
any State or local government.
"(3) Grant assistance under this section may be made available for--,
"(A) communities with populations of 25,000 or less; or
"(B) communities with populations above 25,000 but less than
50,000 which meet the criteria set forth in section 119(e) of the
Housing and Community Development Act of 1974;
// 42 USC 5318. // for the preparation of applications for Federal
financial assistance, except that there shall be a priority for such
assistance to communities with populations of 25,000 or less.
"(n)(1) The Secretary shall utilize, to the maximum extent
practicable, the plans and strategies approved by the Secretary under
this section to guide policy and funding decisions with respect to the
programs and activities of the Department of Housing and Urban
Development which affect the geographical areas covered by such plans.
"(2) The Secretary shall encourage other Federal departments and
agencies to use the plans and strategies approved by the Secretary, to
the maximum extent practicable, to guide policy and funding decisions
with respect to their programs and activities which affect the
geogrphical areas covered by such plans and strategies. The Secretary
shall encourage other Federal departments and agencies, consistent with
their programs authority, to adopt approved plans (or components
thereof) as all or part of the planning requirements of such departments
or agencies.
"(3) A plan and strategy approved by the Secretary under this section
shall remain in effect for a maximum of three years following the date
of its approval. Any extension of a plan and strategy beyond such
three-year term, or any major modification (as approved by the
Secretary) of such a plan and strategy during such term, shall meet all
of the requirements of this section and must be approved by the
Secretary. Any proposed modification shall be submitted to the
Secretary prior to its incorporation into the plan or strategy.
"(4) The Secretary shall report to the Congress no later than January
15, 1984, and no later than January 15 of every third year thereafter,
concerning the progress made in encouraging other Federal departments
and agencies to use approved plans and strategies as provided in
paragraphs (1) and (2) of this subsection.
"(o) The consent of the Congress is hereby given to any two or more
States to enter into agreements or compact, not in conflict with any law
of the United States, for cooperative effort and mutual assistance in
the comprehensive planning for the growth and development of interstate,
metropolitian, or other urban areas, and to establish such agencies,
joint or otherwise, as they may deem desirable for making effective such
agreements and compacts.
"(p) There is authorized to be appropriate for purposes of this
section an amount not to exceed $40,000,000 for the fiscal year 1981,
and not to exceed $40,000,000 for the fiscal year 1982. Any amounts
appropriated shall remain available until expended.".
Sec. 402. This title // 40 USC 461 // shall become effective on the
effective date of regulations implementing section 401 of this title,
but in no event later than May 1, 1981.
Sec. 501. (a) Section 513 of the Housing Act of 1949 // 42 USC 1483.
// is amended--,
(1) by striking out "not to exceed $4,484,000,000 with respect
to fiscal year ending October 15, 1980" in subsection (a) and
inserting in lieu thereof "not to exceed $3,797,600,000 with
respect to the fiscal year ending September 30,1981";
(2) by striking out "not less than $3,070,000,000" in
subsection (a)(1) and inserting in lieu thereof "not less than
$3,120,000,000";
(3) by striking out "not more than $38,000,000" in subsection
(a)(2) and inserting in lieu thereof "not more than $25,600,000";
(4) by striking out "and" at the end of subsection (a)(2), by
striking out the period at the end of subsection (a)(3) and
inserting in lieu thereof "; and", and by adding at the end of
subsection (a) the following new paragraph:
"(4) not more than $100,000,000 of such amount shall be
available for loans guaranteed pursuant to this title on behalf of
borrowers who do not receive assistance pursuant to subparagraph
(B) or (C) of section 521(a)(1).";
// 42 USE 1490a. //
(5) by striking out subsection (b)(2) and inserting in lieu
thereof the following:
"(2) not to exceed $49,000,000 for loans and grants pursuant to
section 504
// 42 USC 1474. //
for the fiscal year ending September 30, 1981, of which not more
than $25,000,000 shall be available for grants;";
(6) by striking out "not to exceed $30,000,000 for financial
assistance pursuant to section 516
// 42 USC 1486. //
for the fiscal year ending October 15, 1980" in subsection (b)(3)
and inserting in lieu thereof "not to exceed $25,000,000 for
financial assistance pursuant to section 516 for the fiscal year
ending September 30,1981"; and
(7) by striking out "not to exceed $1,500,000 for the purposes
of section 525(a)
// 42 USC 1490e. //
of which not less than $750,000 shall be used for counseling
purchasers and delinquent borrowers and not to exceed $1,000,000
for the purposes of section 525(b) for the fiscal year ending
September 30, 1980" in subsection (b)(4) and inserting in lieu
thereof "not to exceed $2,000,000 for the purposes of section
525(a),
// 42 USC 1490e. //
of which not less than $1,000,000 shall be used for counseling
purchasers and delinquent borrowers, for the fiscal year ending
September 30, 1981".
(b) Section 515(b)(5) of such Act // 42 USC 1485. // is amended by
striking out " October 15, 1980" and inserting in lieu thereof "
September 30, 1981".
(c) Section 517(a)(1) of such Act // 42 USC 1487. // is amended by
striking out " October 15, 1980" and inserting in lieu thereof "
September 30, 1981".
(d) Section 523 of such Act // 42 USC 1490c. // is amended--,
(1) by striking out " October 15, 1980" wherever it appears in
subsection (f) and inserting in lieu thereof " September 30,
1981"; and
(2) by striking out subsection (g) and inserting in lieu
thereof the following:
"(g) There are authorized to be appropriated for the purposes of
subsection (b)(1)(B) not to exceed $2,500,000 for fiscal year 1981.
Amounts appropriated under this subsection, together with principal
collections from loans made under appropriations in any previous fiscal
years, shall be deposited in the Self-Help Housing Land Development
Fund, which shall be available as a revolving fund for making loans
under subsection (b)(1)(B). Instruments and property acquired by the
Secretary in or as a result of making such loans shall be assets of the
Self-Help Land Development Fund.".
(e) Section 521(a)(2) of such Act // 42 USC 1490a. // is amended by
adding the following new subparagraph at the end thereof:
"(D) The Secretary, to the extent approved in appropriation Acts, may
enter into rental assistance contracts aggregating not more than
$493,000,000 in carrying out subparagraph (A) with respect to the fiscal
year ending on September 30, 1981, except that such amount shall be
reduced by any amount approved in apropriation Acts for use pursuant to
section 521(a)(1)(C).".
(f) Section 521(a)(1)(C) of such Act is amended--,
(1) by striking out the second sentence thereof and inserting
in lieu thereof the following: " The amount of such additional
assistance which may be approved in appropriation Acts may not
exceed an aggregate amount of $100,000,000."; and
(2) by striking out "after October 15, 1980" in the third
sentence and inserting in lieu thereof "with respect to any fiscal
year beginning on or after October 1, 1981".
Sec. 502. Section 515 of the Housing Act of 1949 // 42 USC 1485. //
is amended by adding at the end thereof the following:
"(f) Notwithstanding the provisions of subsections (a) and (b) of
this section, the Secretary may make and insure loans to consumer
cooperatives to enable such cooperatives to finance the transfers of
memberships in the cooperatives upon such terms and conditions as
low-and moderate-income persons can reasonably afford, except that such
loans shall not be made upon terms more favorable than are authorized
under section 521(a), // 42 USC 1490a. // and that the total loan to a
cooperative under this section shall not exceed the value of the
property.".
Sec. 503. (a) Section 515(a) of the Housing Act of 1949 // 42 USC
1485. // is amended--,
(1) by striking out "and" at the end of paragraph (2);
(2) by striking out the period at the end of paragraph (3) and
inserting in lieu thereof "; and"; and
(3) by inserting after paragraph (3) the following:
"(4) such a loan, when made to a consumer cooperative for
cooperative housing purposes, may, notwithstanding any other
provision of law, be made upon the condition that any person who
is admitted as an eligible member and tenant of the cooperative
may not subsequently be deprived of his membership of tenancy by
reason of his no longer meeting the income eligibility
requirements established by the Secretary.". (b) Section 515(b) of
such Act
// 42 USC 1485. //
is amended--,
(1) by striking out "and" at the end of paragraph (4);
(2) by striking out the period at the end of paragraph (5) and
inserting in lieu thereof ";and"; and
(3) by adding at the end thereof the following new paragraph:
"(6) such a loan, when made to a consumer cooperative for
cooperative housing purposes, may, notwithstanding any other
provision of law, be made upon the condition that any person who
is admitted as an eligible member and tenant of the cooperative
may not subsequently be deprived of his membership or tenancy by
reason of his no longer meeting the income eligibility
requirements established by the Secretary.".
SURPLUS FEDERAL LAND
Sec. 504. The first sentence of section 414 of the Housing and Urban
Development Act of 1969 // 40 USC 484b. // is amended to read as
follows: " Notwithstanding the provisions of the Federal Property and
Administrative Services Act of 1949, // 40 USC 471 // any Federal
surplus real property within the meaning of such Act may, in the
discretion of the Administrator of General Services, be transferred to
the Secretary of Housing and Urban Development or the Secretary of
Agriculture at the request of either such Secretary for sale or lease by
either Secretary at its fair value for use in the provision of housing
to be occupied predominantly by families or individuals of low- or
moderate-income, assisted under a Federal housing assistance program
administered by the Secretary of Housing and Urban Development or the
Secretary of Agriculture or under a State or local program found by the
appropriate Secretary to have the same general purpose, and for related
public commercial or industrial facilities approved by the appropriate
Secretary.".
Sec. 505. Section 521(a)(1)(B) of the Housing Act of 1949 // 42 USC
1490a. // is amended by striking out "may" and inserting in lieu
thereof "shall".
Sec. 506. Section 501(b) of the Housing Act of 1949 // 42 USC 1471.
// is amended by adding at the end thereof the follwing new paragraphs:
"(6) For the purposes of this title, the term ' Indian tribe' means
any Indian tribe, band, group, and nation, including Alaska Indians,
Aleuts, and Eskimos, and any Alaskan Native Village, of the United
States, which is considered an eligible recipient under the Indian
Self-Determination and Education Assistance Act (Public Law 93 - 638) //
25 USC 450 // or under the State and Local Fiscal Assistance Act of 1972
(Public Law 92 - 512). // 31 USC 1221 //
"(7) For the purposes of this title, the term 'rural resident' shall
include a family or a person who is a renter of a dwelling unit in a
rural area.
"(8) For the purposes of this title, the term 'adequate dwelling'
means a decent, safe, and sanitary dwelling unit.".
OTHER
PERSONS RESIDING IN RESERVATIONS OR VILLAGES
Sec. 507. (a) Section 501 of the Housing Act of 1949 // 42 USC 1471.
// is amended by inserting the following after "residents" in
subsection (a)(2): ", including persons who reside in reservations or
villages of Indian tribes,".
(b) Section 514 of such Act // 42 USC 1484. // is amended by
inserting "or to any Indian tribe for such purpose," before "or to any
State" in subsection (a).
(c) Section 515 of such Act // 42 USC 1485. // is amended--,
(1) by inserting "and Indian tribes" after "consumer
cooperatives" in subsection (a); and
(2) by inserting " Indian tribes," after "trust," in subsection
(b).
(d) Section 516 of such Act // 42 USC 1486. // is amended by
inserting "or any Indian tribe," after "or political subdivision
thereof" in subsection (a).
(e) Section 523 of such Act // 42 USC 1490c. // is amended--,
(1) by inserting " Indian tribes," after "organizations," in
subsection (b)(1)(A);
(2) by inserting "and to Indian tribes" after "private
nonprofit organizations" in subsection (b)(1)(B); and
(3) by inserting ", including Indian tribes," after "other
associations" in subsection (b)(2).
(f) Section 524(a) of such Act // 42 USC 1490d. // is amended by
inserting "and to Indian tribes" after "nonprofit organizations" the
first time it appears in the first sentence.
(g) Section 525 of such Act // 42 USC 1490e. // is amended by
inserting " Indian tribes," after "organizations," in the first
sentences of subsections (a) and (b).
(h) The second sentence of section 501(c) of such Act // 42 USC 1471.
// is amended by inserting "or Indian tribe" after "local public
agency".
HOMES
ACQUIRED AND SOLD BY THE FARMERS' HOME
ADMINISTRATION
Sec. 508. Section 510(e) of the Housing Act of 1949 // 42 USC 1480.
// is amended by inserting after "standards," in clause (1) the
following: "including cost-effective energy conservation standards
prescribed under section 509(a),". // 42 USC 1479. //
PROJECTS
Sec. 509. Title V of the Housing Act of 1949 is amended by adding
the following new section at the end thereof:
PROJECTS
" Sec. 530. // 42 USC 1490j. // The Secretary may not approve any
increase in rental payments, with respect to units in which the tenants
are paying rentals in excess of 25 per centum of their incomes, in any
project which is assisted under section 514, 515, or 517 // 42 USC 1484,
1485, 1487. // and under section 521(a)(1)(B) // 42 USC 1490a. //
unless the project owner is receiving, or has applied for (within the
most recent period of 180 days prior to the effective date of such
increase), rental assistance payments with respect to such project under
section 521(a)(2)(A) of this title or section 8 of the United States
Housing Act of 1937.".
Sec. 510. Section 510 of the Housing Act of 1949 // 42 USC 1480. //
is amended by inserting the following after "available" in subsection
(h): "for subsequent loans to permit necessary dwelling repairs and
rehabilitation and".
Sec. 511. Section 517(n) of the Housing Act of 1949 // 42 USC 1487.
// is amended by inserting "moderate or" after "borrowers with".
Sec. 512. Section 501 of the Housing Act of 1949 // 42 USC 1471. //
is amemded by adding at the end thereof the following:
"(g) The programs authorized by this title shall be carried out,
consistent with program goals and objectives, so that the involuntary
displacement of families and businesses is avoided.".
Sec. 513. (a) The Secretary of Agriculture shall study the
legislative and administrative changes which would be required--,
(1) to conform the procedures of the Farmers Home
Administration for reporting budget and accounting information
with the reporting principles established by the Presidential
Commission on Budget Concepts;
(2) to establish procedures to reflect fully in the Federal
Budget the budget authority and budget outlays of the programs
administered by the Farmers Home Administration;
(3) to remove budget and accounting practices which are
inconsistent with the practices for recording debt transactions as
provided in the current policy of the Office of Management and
Budget; and
(4) to simplify the authorities provided in title V of the
Housing Act of 1949.
// 4i USC 1471. //
(b) In carrying out this study, the Secretary shall consult with the
appropriate committees of the Congress, the Comptroller General of the
United States, and the Office of Management and Budget.
(c) The Secretary shall report to the Congress the results of such
study with recommendations for legislative and administrative changes
for each of the matters described in paragraphs (1) through (4) of
subsection (a), no later than the date on which the President's Budget
for Fiscal Year 1982 is submitted to the Congress.
SECTIONS 514 AND
515
Sec. 514. (a) Section 502(c) of the Housing Act of 1949 // 42 USC
1472. // is amended--,
(1) by striking out " Except as provided in paragraph (2), the"
in paragraph (1) and inserting in lieu thereof " The";
(2) by striking out "entered into before or after" each time it
appears in paragraph (1) and inserting in lieu thereof "entered
into after"; and
(3) by striking out paragraph (2) and inserting in lieu thereof
the following:
"(2) If any loan which was made or insured under section 514 or 515
// 42 USC 1484, 1485. // pursuant to a contract entered into before
December 21, 1979, is prepaid or refinanced on or after the date of
enactment of the Housing and Community Development Act of 1980, and
tenants of the housing and related facilities financed with such loan
are displaced due to a change in the use of the housing, or to an
increase in rental or other charges, as a result of such prepayment or
refinancing, the Secretary shall provide such tenants a priority for
relocation in alternative housing assisted pursuant to this title.".
(b) The Secretary of Agriculture shall conduct a study of, and report
to the Congress not later than 6 months after the date of enactment of
this Act on, any adverse effects the amendments made by subsection (a)
may have on housing, particularly for the elderly and persons of low
income.
Sec. 601. This title // 15 USC 3601 // may be cited as the "
Condominium and Cooperative Abuse Relief Act of 1980".
Sec. 602. // 15 USC 3601. // (a) The Congress finds and declares
that--,
(1) there is a shortage of adequate and affordable housing
throughout the Nation, especially for low- and moderate-income and
elderly and handicapped persons;
(2) the number of conversions of rental housing to condominiums
and cooperatives is accelerating, which in some communities may
restrict the shelter options of low- and moderate-income and
elderly and handicapped persons;
(3) certain long-term leasing arrangements for recreation and
other condominium- or cooperative-related facilities which have
been used in the formation of cooperative and condominium projects
may be unconscionable; in certain situations State governments
are unable to provide appropriate relief; as a result of these
leases, economic and social hardships may have been imposed upon
cooperative and condominium owners, which may threaten the
continued use and acceptability of these forms of ownership and
interfere with the interstate sale of cooperatives and
condominiums; appropriate relief from these abuses requires
Federal action; and
(4) there is a Federal involvement with the cooperative and
condominium housing markets through the operation of Federal tax,
housing, and community development laws, through the operation of
federally chartered and insured financial institutions, and
through other Federal activities; that the creation of many
condominiums and cooperatives is undertaken by entities operating
on an interstate basis.
(b) The purpose of this title are to seek to minimize the adverse
impacts of condominium and cooperative conversions particularly on the
housing opportunities of low- and moderate-income and elderly and
handicapped persons, to assure fair and equitable principles are
followed in the establishment of condominium and cooperative
opportunities, and to provide appropriate relief where long-term leases
of recreation and other cooperative- and condominium-related facilities
are determined to be unconscionable.
Sec. 603. // 15 USC 3602. // It is the sense of the Congress that
lending by federally insured lending institutions for the conversion of
rental housing to condominiums and cooperative housing should be
discouraged where there are adverse impacts on housing opportunities of
the low- and moderate-income and elderly and handicapped tenants
involved.
Sec. 604. // 15 USC 3603. // For the purpose of this title--,
(1) "affiliate of a developer" means any person who controls,
is controlled by, or is under common control with a developer. A
person "controls" a developer if the person (A) is a general
partner, officer, director, or employer of the developer, (B)
directly or indirectly or acting in concert with one or more other
persons, or through one or more subsidiaries, owns, controls,
holds with power to vote, or holds proxies representing, more than
20 per centum of the voting interests of the developer, (C)
controls in any manner the election of a majority of the directors
of the developer, or (D) has contributed more than 20 per centum
of the capital of the developer. A person "is controlled by" a
developer if the developer (i) is a general partner, officer,
director or employer of the person, (ii) directly or indirectly or
acting in concert with one or more other persons, or through one
or more subsidiaries, owns, controls, holds with power to vote, or
holds proxies representing, more than 20 per centum of the voting
interests of the person, (iii) controls in any manner the election
of a majority of the directors, or (iv) has contributed more than
20 per centum of the capital of the person;
(2) "automatic rent increase clause" means a provision in a
lease permitting periodic increases in the fee under the lease
which is effecitve automatically or at the sole option of the
lessor, and which provides that the fee shall increase at the rate
of an economic, commodity, or consumer price index or at a
percentage rate such that the actual increases in the rental
payment over the lease term cannot be established with specificity
at the time the lease is entered into;
(3) "common elements" means all portions of the cooperative or
condominium project, other than the units designated for separate
ownership or for exclusive possession or use;
(4) "condominium association" means the organization, whose
membership consists exclusively of all the unit owners in the
condominium project, which is, or will be, responsible for the
operation, administration, and management of the condominium
project;
(5) "condominium project" means real estate (A) which has five
or more residential condominium units, in each residential
structure, and the remaining portions of the real estate are
designated for common ownership solely by the owners of those
units, each owner having an undivided interest in the common
elements, and (B) where such units are or have been offered for
sale or sold, directly or indirectly, through the use of any means
or instruments of transportation or communication of interstate
commerce, or the mails;
(6) "condominium unit" means a portion of a condominium project
designated for separate ownership;
(7) "conversion project" means a project, which has five or
more residential units, which was used primarily for residential
rental purposes immediately prior to being converted to a
condominium or cooperative project;
(8) "convey or conveyance" means (A) a transfer to a purchaser
of legal title in a unit at settlement, other than as security for
an obligation, or (B) the acquisition by a purchaser of a
leasehold interest for more than five years;
(9) "cooperative association" means an organization that owns
the record interest in the residential cooperative property or a
leasehold of the residential property of a cooperative project and
that is responsible for the operation of the cooperative project;
(10) "cooperative project" means real estate (A) which has five
or more residential cooperative units, in each residential
structure, subject to separate use and possession by one or more
individual cooperative unit owners whose interest in such units
are in the undivided assets of the cooperative association which
are appurtenant to the unit are evidenced by a membership or share
interest in a cooperative association and a lease or other
muniment of title or possession granted by the cooperative
association as the owner of all the cooperative property, and (B)
an interest in which is or has been offered for sale or lease or
sold, or leased directly or indirectly, through use of any means
or instruments of transportation or communication in interstate
commerce or of the mails;
(11) "cooperative property" means the real estate and personal
property which is subject to exclusive use and possession by a
cooperative unit owner. A unit may be improvements, land, or land
and improvements together, as specified in the cooperative
documents;
(13) "cooperative unit owner" means the person having a
membership or share interest in the cooperative association and
holding a lease, or other muniment of title or possession, of a
cooperative unit that is granted by the cooperative association as
the owner of the cooperative propety;
(14) "developer" means (A) any person who offers to sell or
sells his interest in a cooperative or condominium unit not
previously conveyed, or (B) any successor of such person who
offers to sell or sells his interests in units in a cooperative or
condominium project and who has the authority to exercise special
developer control in the project including the right to: add,
convert, or withdraw real estate from the cooperative or
condominium project, and maintain sales offices, management
offices and rental units; exercise easements through common
elements for the purpose of making improvements within the
cooperative or condominium; or exercise control of the owners'
association;
(15) "interstate commerce" means trade, traffic,
transportation, communication, or exchange among the States, or
between any foreign country and a State, or any transaction which
affects such trade, traffic, transportation, communication, or
exchange;
(16) "lease" includes any agreement or arrangement containing a
condominium or cooperative unit owner's obligation, individually,
collectively, or through an association to make payments for a
leasehold interest or for other rights to use or possess real
estate, or personal property (which rights may include the right
to receive services with respect to such real estate or personal
property), except a lease does not include mortgages or other such
agreements for the purchase of real estate;
(17) "person" means a natural person, corporation, partnership,
association, trust or other entity, or any combination thereof;
(18) "purchaser" means any person, other than a developer, who
by means of a voluntary trasfer acquires a legal or equitable
interest in a unit, other than (A) a leasehold interest (including
renewal options) of less than five years, or (B) as security for
an obligation;
(19) "real estate" means any leasehold or other estate or
interest in, over or under land, including structures, fixtures,
and other improvements and interests which by custom, usage, or
law pass with a conveyance of land though not described in the
contract of sale or instrument of conveyance. " Real estate"
includes parcels with or without upper or lower boundaries, and
spaces that may be filled with air or water;
(20) "residential" means used as a dwelling;
(21) "sale", "sale of a cooperative unit" or "sale of a
condominium unit" means any obligation or arrangement for
consideration for conveyance to a purchaser of a cooperative or
condominium unit, excluding options or reservations not binding on
the purchaser;
(22) "special developer control" means any right arising under
State law, cooperative or condominium instruments, the
association's bylaws, charter or articles of association or
incorporation, or power of attorney or similar agreement, through
which the developer may control or direct the unit owners'
association or its executive board. A developer's right to
exercise the voting share allocated to any condominium or
cooperative unit which he owns is not deemed a right of special
developer control if the voting share allocated to that
condominium or cooperative unit is the same voting share as would
be allocated to the same condominium or cooperative unit were that
unit owned by any other unit owner at that time;
(23) " State" includes the several States, the District of
Columbia, the Commonwealth of Puerto Rico, and the territories and
possessions of the United States; and
(24) "tenants' organization" means a bona fide organization of
tenants who represent a majority of the occupied rental units in a
rental housing project.
Sec. 605. // 15 USC 3604. // The provisions of this title shall not
apply to--,
(1) a cooperative or condominium unit sold or offered for sale
by the Federal Government, by any State or local government, by
any corporate instrumentality of the United States, or by any
agency thereof;
(2) a cooperative or condominium project in which all units are
restricted to nonresidential purposes or uses; or
(3) any lease or portion thereof--,
more
residential condominium or cooperative units are
located,
the termination of which will terminate the condominium
or
cooperative project, or reduce the number of units in
such
project, or
condominium or
cooperative unit.
Sec. 606. // 15 USC 3605. // It is the sense of the Congress that,
when multifamily rental housing projects are converted to condominium or
cooperative use, tenants in those projects are entitled to adequate
notice of the pending conversion and to receive the first opportunity to
purchase units in the converted projects and that State and local
governments which have not already provided for such notice and
opportunity for purchase should move toward that end. The Congress
believes it is the responsibility of State and local governments to
provide for such notice and opportunity to purchase in a prompt manner.
The Congress has decided not to intervene and therefore leaves this
responsibility to State and local governments to be carried out.
Sec. 607. // 15 USC 3606. // Where an application for mortgage or
loan insurance in connection with a conversion or purchase of a rental
housing project being undertaken by a tenants' organization is
submitted, the Secretary of Housing and Urban Development shall expedite
the processing of the application in every way and shall make a final
decision on such application at the earliest practicable time.
Sec. 608. // 15 USC 3607. // (a) Any contract or portion thereof
which is entered into after the effective date of this title, and
which--,
(1) provides for opration, maintenance, or management of a
condominium or cooperative association in a conversion project, or
of property serving the condominium or cooperative unit owners in
such project;
(2) is between such unit owners or such association and the
developer or an affiliate of the developer;
(3) was entered into while such association was controlled by
the developer through special developer control or because the
developer held a majority of the votes in such association; and
(4) is for a period of more than three years, including any
automatic renewal provisions which are exercisable at the sole
option of the developer or an affiliate of the developer,
may be terminated without penalty by such unit owners or such
association.
(b) Any termination under this section may occur only during the
two-year period beginning on the date on which--,
(1) special developer control over the association is
terminated; or
(2) the developer owns 25 per centum or less of the units in
the conversion project,
whichever occurs first.
(c) A termination under this section shall be by a vote of owners of
not less than two-thirds of the units other than the units owned by the
developer or an affiliate of the developer.
(d) Following the unit owners' vote, the termination shall be
effective ninety days after hand delivering notice or mailing notice by
prepaid United States mail to the parties to the contract.
Sec. 609. // 15 USC 3608. // (a) Cooperative and condominium unit
owners through the unit owners' association may bring an action seeking
a judicial determination that a lease or leases, or portions thereof,
were unconscionable at the time they were made. An action may be
brought under this section if each such lease has all of the following
characteristics:
(1) it was made in connection with a cooperative or condominium
project;
(2) it was entered into while the cooperative or condominium
owners' association was controlled by the developer either through
special developer control or because the developer held a majority
of the votes in the owners' association;
(3) it had to be accepted or ratified by purchasers or through
the unit owners' association as a condition of purchase of a unit
in the cooperative or condominium project;
(4) it is for a period of more than twenty-one years or is for
a period of less than twenty-one years but contains automatic
renewal provisions for a period of more than twenty-one years;
(5) it contains an automatic rent increase clause; and
(6) it was entered into prior to June 4, 1975.
Such action must be authorized by the cooperative or condominium unit
owners through a vote of not less than two-thirds of the owners of the
units other than units owned by the developer or an affiliate of the
developer, and may be brought by the cooperative or condominium unit
owners through the units owners' association. Prior to instituting such
action, the cooperative or condominium unit owners must, through a vote
of not less than two-thirds of the owners of the units other than units
owned by the developer or an affiliate of the developer, agree to enter
into negotiation with the lessor and must seek through such negotiation
of eliminate or modify any lease terms that are alleged to be
unconscionable; if an agreement is not reached in ninety days from the
date on which the authorizing vote was taken, the unit owners may
authorize an action after following the procedure specified in the
preceding sentence.
(b) A rebuttable presumption of unconscionability exists if is is
established that, in addition to the characteristics set forth in
subsection (a) of this section, the lease--,
(1) creates a lien subjecting any unit to foreclosure for
failure to make payments;
(2) contains provisions requiring either the cooperative or
condominium unit owners or the cooperative or condominium
association as lessees to assume all or substantially all
obligations and liabilities associated with the maintenance,
management and use of the leased property, in addition to the
obligation to make lease payments;
(3) contains an automatic rent increase clause without
establishing a specific maximum lease payment; and
(4) requires an annual rental which exceeds 25 per centum of
the appraised value of the leased property as improved: Provided,
That, for purposes of this paragraph "annual rental" means the
amount due during the first twelve months of the lease for all
units, regardless of whether such units were occupied or sold
during that period, and "appraised value" means the appraised
value placed upon the leased property the first tax year after the
sale of a unit in the condominium or after the sale of a
membership or share interest in the cooperative association to a
party who is not an affiliate of the developer.
Once the rebuttable presumption is established, the court, in making its
finding, shall consider the lease or portion of the lease to be
unconscionable unless proven otherwise by a preponderance of the
evidence to the contrary.
(c) Whenever it is claimed, or appears to the court, that a lease or
any portion thereof is, or may have been, unconscionable at the time it
was made, the parties shall be afforded a reasonable opportunity to
present evidence at least as to--,
(1) the commercial setting of the negotiations;
(2) whether a party has knowingly taken advantage of the
inability of the other party reasonably to protect his interests;
(3) the effect and purpose of the lease or portion thereof,
including its relationship to other contracts between the
association, the unit owners and the developer or an affiliate of
the developer; and
(4) the disparity between the amount charged under the lease
and the value of the real estate subject to the lease measured by
the price at which similar real estate was readily obtainable in
similar transactions.
(d) Upon finding that any lease, or portion thereof, is
unconscionable, the court shall exercise its authority to grant remedial
relief as necessary to avoid an unconscionable result, taking into
consideration the economic value of the lease. Such relief may include,
but shall not be limited to rescission, reformation, restitution, the
award of damages and reasonable attorney fees and court costs. A
defendant may recover reasonable attorneys' fees if the court determines
that the cause of action filed by the plantiff is frivolous, malicious,
or lacking in substantial merit.
(e) Nothing in this section may be construed to authorize the
bringing of an action by cooperative and condominium unit owners'
association, seeking a judicial determination that a lease or leases, or
portions thereof, are unconscionable, where such unit owners or a unit
owners' association representing them has, after the termination of
special developer control, reached an agreement with a holder of such
lease or leases which either--,
(1) sets forth the terms and conditions under which such lease
or leases is or shall be purchased by such unit owners or
associations; or
(2) reforms any clause in the lease which contained an
automatic rent increase clause, unless such agreement was entered
into when the leaseholder or his affiliate held a majority of the
votes in the owners' association.
Sec. 610. // 15 USC 3609. // Any provision in any lease or contract
requiring unit owners or the owners' association, in any conversion
project involving a contract meeting the requirements of section 608 of
this title or in any project involving a lease meeting the requirements
of section 609 of this title, to reimburse, regardless of outcome, the
developer, his successor, or affiliate of the developer for attorneys'
fees or money judgments, in a suit between unit owners or the owners'
association and the developer arising under the lease or agreement, is
against public policy and void.
Sec. 611. // 15 USC 3610. // Nothing in this title may be construed
to prevent or limit the authority of any State or local government to
enact and enforce any law, ordinance, or code with regard to any
condominium, cooperative, or conversion project, if such law, ordinance,
or code does not abridge, deny, or contravene any standard for consumer
protection established under this title. Notwithstanding the preceding
sentence, the provisions of this title, except for the application of
section 609 and the prohibition included in section 610 as it relates to
a lease with respect to which a cause of action may be established under
section 609, shall not apply in the case of any State or local
government which has the authority to enact and enforce such a law,
ordinance, or code, if, during the three-year period following the date
of enactment of this title, such State or local government enacts a law,
ordinance, or code, or amendments thereto, stating in substance that
such provisions of this title shall not apply in that State or local
government jurisdiction.
Sec. 612. // 15 USC 3611. // (a) Unless otherwise limited as in
section 608 or 609 of this title, any person aggrieved by a violation of
this title may sue at law or in equity.
(b) In any action authorized by this section for a violation of
section 608 or 610 where actual damages have been suffered, such damages
may be awarded or such other relief granted as deemed fair, just, and
equitable.
(c) Every person who becomes liable to make any payment under this
section may recover contributions from any person who, if sued
separately, would have been liable to make the same payment.
(d) The amounts recoverable under this section may include interest
paid, reasonable attorneys' fees, independent engineer and appraisers'
fees, and court costs. A defendant may recover reasonable attorneys'
fees if the court determines that the cause of action filed by the
plaintiff is frivolous, malicious, or lacking in substantial merit.
Sec. 613. // 15 USC 3612. // The district courts of the United
States, the United States courts of any territory, and the United States
District Court for the District of Columbia shall have jurisdiction
under this title and, concurrent with State courts, of actions at law or
in equity brought under this title without regard to the amount in
controversy. Any such action may be brought in the district wherein the
defendant is found or is an inhabitant or transacts business, or in the
district where the sale took place, and process in such cases may be
served in other districts of which the defendant is an inhabitant or
wherever the defendant may be found. No case arising under this title
and brought in any State court of competent jurisdiction shall be
removed to any court of the United States, except where any officer or
employee of the United States in his official capacity is a party.
Sec. 614. // 15 USC 3613. // No action shall be maintained to
enforce any right or liability created by this title unless brought
within six years after such cause of action accrued, except that an
action pursuant to section 609 must be brought within four years after
the date of enactment of this title.
Sec. 615. // 15 USC 3614. // Any condition, stipulation, or
provision binding any person to waive compliance with any provisions of
this title shall be void.
Se. 616. // 15 USC 3615. // The rights and remedies provided by this
title shall be in addition to any and all other rights and remedies that
may exist under Federal or State law.
Sec. 617. // 15 USC 3616. // If any provisions of this title or the
application thereof to any person or circumstance is held invalid, the
remainder of this title shall not be affected thereby.
Sec. 618. // 15 USC 3601 // The provisions of this title shall become
effective upon enactment, except that section 609, and the prohibition
included in section 610 as it relates to a lease with respect to which a
cause of action may be established under section 609, shall become
effective one year after enactment.
Approved October 8, 1980.
LEGISLATIVE HISTORY:
HOUSE REPORTS: No. 96 - 979 and supplemental reports Pts. II and
III, all accompanying H.R. 7262 (all from Comm. on Banking, Finance, and
Urban Affairs) and No. 96 - 1420 (Comm. of Conference).
SENATE REPORTS: No. 96 - 716 accompanying S. 2711, and No. 96 - 736
accompanying S. 2719 (all from Comm. on Banking, Housing, and Urban
Affairs).
CONGRESSIONAL RECORD, Vol. 126 (1980):
June 20, 21, considered and passed Senate.
Aug. 18, 21, 22, H.R. 7262 considered and passed House;
passage vacated and S. 2719, amended, passed in lieu.
Sept. 30, Senate and House agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 16, No. 41:
Oct. 8, Presidential statement.
PUBLIC LAW 96-398, 94 STAT, 1564, MENTAL HEALTH SYSTEMS ACT
otherwise promote mental
health throughout the United States, 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. This Act // 42 USC 9401 // may be cited as the " Mental
Health Systems Act".
Sec. 1. Short title and table of contents.
Sec. 2. Findings.
Sec. 101. Definition of community mental health center.
Sec. 102. Other definitions.
Sec. 105. State mental health authority.
Sec. 106. Mental health service areas.
Sec. 107. Allotments to States to improve the administration of
State mental health programs.
Sec. 201. Grants for community mental health centers.
Sec. 202. Grants for services for chronically mentally ill
individuals.
Sec. 203. Grants for services for severely metally disturbed
children and adolescents.
Sec. 204. Grants for mental health services for elderly individuals
and other priority populations.
Sec. 205. Grants for non-revenue-producing services.
Sec. 206. Grants for mental health services in health care centers.
Sec. 207. Grants and contracts for innovative projects.
Sec. 208. Grants for the prevention of mental illness and the
promotion of mental health.
PROGRAMS
Sec. 301. State mental health services programs.
Sec. 302. Contents of programs.
Sec. 303. Mental health provisions of State health plans.
Sec. 305. State administration.
Sec. 306. Processing of applications by State mental health
authorities.
Sec. 307. Applications.
Sec. 308. Indian tribes and organizations.
Sec. 309. Procedures.
Sec. 315. Performance contracts.
Sec. 316. Performance standards.
Sec. 317. Evaluation and monitoring.
Sec. 321. Enforcement.
Sec. 325. National Institute of Mental Health Prevention Unit.
Sec. 326. Technical assistance.
Sec. 327. Indirect provision of services.
Sec. 328. Cooperative agreements.
Sec. 401. Associate Director for Minority Concerns.
Sec. 501. Bill of rights.
Sec. 502. Grants for protection and advocacy programs.
Sec. 601. Rape prevention and control.
Sec. 602. Grants for services for rape victims.
CENTERS ACT
Sec. 701. One-year extension of Community Mental Health Centers Act.
Sec. 801. Employee protection.
Sec. 802. Report on shelter and basic living needs of chronically
mentally ill individuals.
Sec. 803. Obligated service for mental health traineeships.
Sec. 804. Conforming amendments.
Sec. 805. Special pay for Public Health Service physicians and
dentists.
Sec. 806. Contract authority.
INFORMATION
RETRIEVAL SYSTEMS
Sec. 901. Mechanized claims processing and information retrieval
systems.
Sec. 2. // 42 USC 9401. // The Congress finds--,
(1) despite the significant progress that has been made in
making community mental health services available and in improving
residential mental health facilities since the original community
mental health centers legislation was enacted in 1963, unserved
and underserved populations remain and there are certain groups in
the population, such as chronically mentally ill individuals,
children and youth, elderly individuals, racial and ethnic
minorities, women, poor persons, and persons in rural areas, which
often lack access to adequate private and public mental health
services and support services;
(2) the process of transferring or diverting chronically
mentally ill individuals from unwarranted or inappropriate
institutionalized settings to their home communities has
frequently not been accompanied by a process of providing those
individuals with the mental health and support services they need
in community-based settings;
(3) the shift in emphasis from institutional care to
community--, based care has not always been accompanied by a
process of affording training, retraining, and job placement for
employees affected by institutional closure and conversion;
(4) the delivery of mental health and support services is
typically uncoordinated within and among local, State, and Federal
entities;
(5) mentally ill persons are often inadequately served by (A)
programs of the Department of Health and Human Services such as
medicare, medicaid, supplemental security income, and social
services, and (B) programs of the Department of Housing and Urban
Development, the Department of Labor, and other Federal agencies;
(6) health care systems often lack general health care
personnel with adequate mental health care training and often lack
mental health care personnel and consequently many individuals
with some level of mental disorder do not receive appropriate
mental health care;
(7) present knowledge of methods to prevent mental illness
through discovery and elimination of its causes and through early
detection and treatment is too limited;
(8) a comprehensive and coordinated array of appropriate
private and public mental health and support services for all
people in need within specific geographic areas, based upon a
cooperative local-State-Federal partnership, remains the most
effective and humane way to provide a majority of mentally ill
individuals with mental health care and needed support; and
(9) because of the rising demand for mental health services and
the wide disparity in the distribution of psychiatrists nurses,
there is a psychologists, social workers, and psychiatric nurses,
there is a shortage in the medical specialty of psychiatry and
there are also shortages among the other health personnel who
provide mental health services.
Sec. 101. // 42 USC 9411. // (a) For purposes of this Act, the term
"community mental health center" means a legal entity (1) through which
comprehensive mental health services are provided--,
(A) principally to individuals residing in a mental health
service area, with special attention to those who are chronically
mentally ill,
(B) within the limits of its capacity, to any individual
residing or employed in such area regardless of ability to pay for
such services, current or past health condition, or any other
factor, and
(C) in the manner prescribed by subsection (b),
and (2) which is organized in the manner prescribed by subsections (c)
and (d).
(b)(1) The comprehensive mental health services which shall be
provided through a community mental health center are as follows:
(A) Beginning on the date the community mental health center is
established for purposes of section 201, the services provided
through the center shall include--,
service
area who are being considered for referral to a State
mental
health facility for inpatient treatment to determine if
they
should be so referred and provision, where appropriate,
of
treatment for such persons through the center as an
alternative
to inpatient treatment at such a facility;
mental
health service area who have been discharged from
inpatient
treatment at a mental health facility;
delivery
agencies, and other appropriate entities; and
develop
effective mental health programs in the center's mental
health service area, promote the coordination of the
provision of mental health services among various
entities
serving the center's mental health service area,
increase the awareness of the residents of the center's
mental health service area of the nature of mental
halth problems and the types of mental health services
available, and promote the prevention and control of
rape and the proper treatment of the victims of rape;
and
lieu of
such services, the center shall have a plan approved by
the
Secretary under which the center will, during the
three-year
period beginning on such establishment date, assume in
increments the provision of the services described in
subparagraph
(B) and will upon the expiration of such three-year
period provide all the services described in
subparagraph (B).
(B) After the expiration of such three-year period, a community
mental health center shall provide, in addition to the services
required by subparagraph (A), services which include--,
health
of children, including a full range of diagnostic,
treatment,
liaison, and followup services (as prescribed by the
Secretary);
health
of the elderly, including a full range of diagnostic,
treatment,
liaison, and followup services (as prescribed by the
Secretary);
sufficient
need (as determined by the Secretary) in the center's
mental health service area, or the need for which in the
center's mental health serivce area the Secretary
determines
is currently being met):
(2) The provision of comprehensive mental health services through a
center shall be coordinated with the provision of services by other
health and social service agencies (including public mental health
facilities) in or serving residents of the center's mental health
service area to ensure that persons receiving services through the
center have acess to all such health and social services as they may
require. The center's services (A) may be provided at the center or
satellite centers through the staff of the center or through appropriate
arrangements with health professionals and others in the center's mental
health service area, or, with the approval of the Secretary, in the case
of inpatient services, emergency services, partial hospitalization,
transitional half-way house services, and certain specialized services,
through appropriate arrangements with health professionals and others
serving the residents of the mental health service area, (B) shall be
available and accessible to the residents of the area promptly, as
appropriate, and in a manner which preserves human dignity and assures
continuity and high quality care and which overcomes geographic,
cultural, linguistic, and economic barriers to the receipt of services,
and (C) when medically necessary, shall be available and accessible
twenty-four hours a day and seven days a week.
(3)(A) The mental health care of every patient of a center shall be
under the supervision of a member of the professional staff of the
center. The center shall provide for having a member of its
professional staff available to furnish necessary mental health care in
case of an emergency.
(B) Any medical services provided by a center shall be under the
supervision of a physician unless otherwise permitted by State law.
Whenever possible, the supervising physician shall be a psychiatrist.
(c)(1) Except as provided in paragraph (2) or (3), a community mental
health center shall have a governing body which (A) is composed of
individuals who reside in the center's mental health service area and
who, as a group, represent the residents of that area taking into
consideration their employment, age, sex, and place of residence, and
other demographic characteristics of the area, and (B) is required to
meet at least once a month, to establish general policies for the center
(including a schedule of hours during which services will be provided),
to approve the center's annual budget, and to approve the selection of a
director for the center. At least one-half of the members of such body
shall be individuals who are not providers of health care.
(2)(A) Except as provided in subparagraph (B), in the case of a
community mental health center which is operated by a governmental
agency or a hospital, such center may, in lieu of meeting the
requirements of paragraph (1), appoint a committee which advises it with
respect to the operations of the center and which is composed of
individuals who reside in the center's mental health service area, who
are representative of the residents of the area as to employment, age,
sex, place of residence, and other demographic characteristics, and at
least one-half of whom are not providers of health care. A center to
which this subparagraph applies shall submit to such a committee for its
review any application for a grant under section 201.
(B) Subparagraph (A) does not apply with respect to a community
mental health center which on the date of the enactment of this Act had
a governing body which met the requirements of paragraph (1).
(3) Paragraphs (1) and (2) do not apply to a community mental health
center which is operated by a primary care center, community health
center, or migrant center and which meets the applicable requirements of
part D of title III of the Public Health Service Act. // 42 USC 255. //
(4) For purposes of paragraphs (1) and (2), the term "provider of
health care" has the same meaning as is prescribed for that term by
section 1531(3) of the Public Health Service Act. // 42 USC 300n. //
(d) A center shall, in accordance with regulations prescribed by the
Secretary, have (1) an ongoing quality assurance program (including
multidisciplinary utilization and peer review systems) respecting the
center's services, (2) an integrated medical records system (including a
drug use profile) which, in accordance with applicable Federal and State
laws respecting confidentiality, is designed to provide access to all
past and current information regarding the health status of each patient
and to maintain safeguards to preserve confidentiality and to protect
the rights of the patient, (3) a multidisciplinary professional advisory
board, which is composed of members of the center's professional staff,
to advise the governing board or the advisory committee in establishing
policies governing medical and other services provided by such staff on
behalf of the center, and (4) an identifiable administrative unit which
shall be responsible for providing the consultation and education
services described in subsection (b)(1)(A)( iv). The Secretary may
waive the requirements of clause (4) with respect to any center if he
determines that because of the size of such center or because of other
relevant factors the establishment of the administrative unit described
in such clause is not warranted.
Sec. 102. // 42 USC 9412. // For purposes of this Act:
(1) The term " Secretary" means the Secretary of Health and
Human Services.
(2) The term " State" includes (in addition to the fifty
States) the District of Columbia, the Commonwealth of Puerto Rico,
the Virgin Islands, Guam, American Samoa, the Trust Territory of
the Pacific Islands, and the Northern Mariana Islands.
(3) The term " State mental health authority" means the agency
of a State designated under section 105 to be responsible for the
mental health programs of the State.
(4) The term "mental health service area" means an area
established under section 106.
(5) The term "nonprofit", as applied to any entity, means an
entity which is owned and operated by one or more corporations or
associations no part of the net earnings of which inures or may
lawfully inure to the benefit of any private shareholder or
person.
(6) The term "priority population group" means an identifiable
population group in a mental health service area which is unserved
or underserved by mental health programs in such area as
determined under a health systems plan or a State health plan in
effect under section 1513 or 1524 of the Public Health Service
Act.
// 42 USC 300l-2, 300m-3. //
(7) The term " Governor" means the chief executive officer of a
State.
Sec. 105. // 42 USC 9421. // Each State shall designate an agency of
the State to be responsible for the mental health programs of the State.
Sec. 106. // 42 USC 9422. // (a) Each catchment area of a community
mental health center designated under the Community Mental Health
Centers Act is redesignated as a mental health service area.
(b) A mental health service area in a State shall, except to the
extent permitted under regulations of the Secretary, have boundaries
which conform to or are within the boundaries of a health service area
established under title XV of the Public Health Service Act // 42 USC
300k-1. // and, to the extent practicable, conform to boundaries of one
or more school districts or political or other subdivisions in the
State.
(c)(1) The State mental health authority of a State shall review the
boundaries of any mental health service area in the State which does not
meet the requirements of subsection (b) and shall make such revisions in
the boundaries of the area as may be necessary to meet such
requirements.
(2) The State mental health authority of a State may review the
boundaries of any mental health service area in the State and may revise
the boundary of any such area to--,
(A) ensure that the size of such area is such that the services
to be provided in the area are available and accessible to the
residents of the area promptly, as appropriate, and
(B) ensure that the boundary of such area eliminates, to the
extent possible, barriers to access to the services provided in
the area, including barriers resulting from an area's physical
characteristics, its residential patterns, its economic and social
groupings, and its available transportation.
(3) In conducting a review of a boundary under paragraph (1) or (2) a
State mental health authority shall provide notice of its review and
shall provide a reasonable opportunity for a hearing on its review and
any proposed boundary revision.
OF STATE
MENTAL HEALTH PROGRAMS
Sec. 107. // 42 USC 9423. // (a) For the purpose of assisting State
mental health authorities to improve the administration of State mental
health programs and to carry out their activities under this Act
relating to--,
(1) planning and program design,
(2) data collection,
(3) data analysis,
(4) research,
(5) evaluation,
(6) setting and enforcing regulatory and other standards,
(7) reporting to the Secretary, and
(8) establishing, expanding, or operating mental health
patients' rights protection programs,
the Secretary shall, for each fiscal year and in accordance with
regulations, allot to the States the sums appropriated for such year
under subsection (c) on the basis of the population and the financial
need of the respective States. The populations of the States shall be
determined on the basis of the latest figures for the populations of the
States available from the Department of Commerce.
(b) No allotment may be made to a State under subsection (a) unless
the State has submitted to the Secretary an application for the
allotment containing such information as the Secretary may require.
(c) There are authorized to be appropriated for allotments under
subsection (a), $15,000,000 for the fiscal year ending September 30,
1982, $15,000,000 for the fiscal year ending September 30, 1983, and
$15,000,000 for the fiscal year ending September 30, 1984.
(d) Effective September 30, 1981, section 314(g) of the Public Health
Service Act // 42 USC 246. // is repealed.
Sec. 201. // 42 USC 9431. // (a)(1) The Secretary may make grants to
any public or nonprofit private community mental health center to assist
it in meeting its costs of operation (other than costs related to
construction).
(2) No application for a grant under paragraph (1) for a community
mental health center which has not received a grant for its operation
under the Community Mental Health Centers Act may be approved unless the
application is accompanied by assurances, satisfactory to the Secretary,
that the grant applied for and the State, local, and other funds and the
fees, premiums, and third-party reimbursements which the applicant may
reasonably be expected to collect in the year for which the grant would
be made are sufficient to meet the projected costs of operation for that
year.
(3) Grants under paragraph (1) may only be made for a grantee's costs
of operation during the first eight years after its establishment. In
the case of a community mental health center which received a grant
under section 220 of the Community Mental Health Centers Act // 79 Stat.
428, 84 Stat. 56. // (as in effect before the date of enactment of the
Community Mental Health Centers Amendments of 1975) // 42 USC 2689 // or
section 203(a) of such Act // 42 USC 2689b. // (as in effect after such
date), such center shall, for purposes of grants under paragraph (1), be
considered as having been in operation since its establishment for a
number of years equal to the sum of the number of grants it received
under such sections and the number of grants it has received under
paragraph (1).
(b) Each grant under subsection (a) to a community mental health
center shall be made for the costs of its operations for the one-year
period beginning on the first day of the month in which such grant is
made, except that if at the end of such period a center has not
obligated all the funds received by it under a grant, the center may use
the unobligated funds under the grant in the succeeding year for the
same puposes for which such grant was made but only if the center is
eligible to receive a grant under subsection (a) for such succeeding
year.
(c)(1) The amount of a grant for any year made under subsection (a)
shall be the lesser of the amounts computed under subparagraph (A) or
(B) as follows:
(A) An amount equal to the amount by which the grantee's
projected costs of operation for that year exceed the total of
State, local, and other funds and of the fees, premiums, and
third--, party reimbursements which the grantee may reasonably be
expected to collect in that year.
(B)(i) Except as provided in clause (ii), an amount equal to
the following percentages of the grantee's projected costs of
operation: 80 percent of such costs for the first year of its
operation, 65 percent of such costs for the seond year of its
operation, 50 percent of such costs for the third year of its
operation, 35 percent of such costs for the fourth year of its
operation, 30 percent of such costs for the fifth and sixth years
of its operation, and 25 percent of such costs for the seventh and
eighth years of its operation.
(ii) In the case of a grantee providing services for persons in
an area designated by the Secretary as an urban or rural poverty
area, an amount equal to the following percentages of the
grantee's projected costs of operation: 90 percent of such costs
for the first two years of its operation, 80 percent of such costs
for the third year of its operation, 70 percent of such costs for
the fourth year of its operation, 60 percent of such costs for the
fifth year of its operation, 50 percent of such costs for the
sixth year of its operation, 40 percent of such costs for the
seventh year of its operation, and 30 percent of such costs for
the eighth year of its operation.
(2) The amount of a grant prescribed by paragraph (1) for a community
mental health center for any year shall be reduced by the amount of
unobligated funds from the preceding year which the center is
authorized, under subsection (b)(1), to use in the year for which the
grant is to be made.
(3) If in a fiscal year the sum of--,
(A) the total of State, local, and other funds, and of the
fees, premiums, and third-party reimbursements collected in that
year, and
(B) the amount of the grant received under subsection (a) by a
center,
exceeds its actual costs of operation for that year, and if the center
is eligible to receive a grant under subsection (a) in the succeeding
year, an adjustment in the amount of that grant shall be made in such a
manner that the center may retain such an amount (not to exceed 50 per
centum of the amount by which such sum exceeded such costs) as the
center can demonstrate to the satisfaction of the Secretary will be used
to enable the center (i) to expand and improve its services, (ii) to
increase the number of persons which it is able to serve, (iii) to
modernize its facilities, (iv) to improve the administration of its
service programs, and (v) to establish a financial reserve for the
purpose of offsetting the decrease in the percentage of Federal
participation in program operations in fture years.
(d)(1) For initial grants under subsection (a) there are authorized
to be appropriated $30,000,000 for the fiscal year ending September 30,
1982, $35,000,000 for the fiscal year ending September 30, 1983, and
$40,000,000 for the fiscal year ending September 30, 1984.
(2) There are authorized to be appropriated for the fiscal year
ending September 30, 1982, and for each of the next nine fiscal years
such sums as may be necessary to make grants, for the number of years
prescribed by subsection (a)(3), to community mental health centers
which received an initial grant for operations under the Community
Mental Health Centers Act or this Act // 42 USC 2689. // for a fiscal
year beginning before October 1, 1984.
(3) Of the total amount appropriated under paragraphs (1) and (2) for
any fiscal year, the Secretary may not obligate more than 5 percent for
grants under subsection (a) to community mental health centers which are
operated by hospitals and which have advisory committees as prescribed
by section 101(c)(2).
INDIVIDUALS
Sec. 202. // 42 USC 9432. // (a)(1) The Secretary may make grants to
any State mental health authority, community mental health center, or
other public or nonprofit private entity for projects for the provision
of mental health and related support services for chronically mentally
ill individuals. No grant may be made under this subsection for a
project unless the project provides for at least the following:
(A) The identification of the chronically mentally ill
individuals residing in the area to be served by the project.
(B) Assistance to such individuals in gaining access to
essential mental health services, medical and dental care and
rehabilitation services, and employment, housing, and other
support services designed to enable chronically mentally ill
individuals to function outside of inpatient institutions to the
maximum extent of their capabilities.
(C) Assuring the availability, for each such chronically
mentally ill individual who needs both mental health and related
support services, of an individual to assume responsibility for
seeing to it that the individual receives any such service that
the individual needs.
(D) Coordinating the provision of mental health and related
support services to such individuals with the provision of other
services to them.
(2) A grant under this subsection for a project in a mental health
service area served by a community mental health center may be made only
to the community mental health center or to the State mental health
authority of the State in which the area is located, except that, if the
Secretary finds that because of exceptional circumstances in the mental
health service area the chronically mentally ill individuals in the area
would be otherwise underserved, a grant may be made to any other public
or private nonprofit entity.
(3) In considering applications for grants under this subsection, the
Secretary shall give special consideration to applications for projects
designed to supplement and strengthen exisiting community support
services.
(b) The Secretary may make grants to any State mental health
authority to--,
(1) improve the skills of personnel providing services to
chronically mentally ill individuals by providing or arranging for
the provision of inservice training, other training, or retraining
for such personnel; or
(2) coordinate the operations of State agencies or intrastate
regional agencies responsible for mental health and related
support services for chronically mentally ill individuals, and
coordinate the provision of mental health and support services for
chronically mentally ill individuals with the provision of
services to such individuals under titles IV, V, XVI, XVIII, XIX,
and XX of the Social Security Act
// 42 USC 601, 701, 1381, 1395, 1396, 1397. //
and under the Rehabilitation Act of 1973,
// 29 USC 701 //
the United States Housing Act,
// 42 USC 1437 note. //
the Comprehensive Employment and Training Act,
// 29 USC 801 //
the Development Disabilities Assistance and Bill of Rights Act,
// 42 USC 6001 //
the Older Americans Act,
// 42 USC 3001 //
and other Federal and States statues.
(c)(1) No entity may receive more than eight grants under this
section.
(2) The amount of any grant under subsection (a) or (b) shall be
determined by the Secretary, except that the amount of--,
(A) the first and second grant may not exceed 90 percent of the
costs (as determined by the Secretary) of the project for which
the grant is made;
(B) the third grant may not exceed 80 percent of such costs;
(C) the fourth grant may not eceed 70 percent of such costs;
(D) the fifth grant may not exceed 60 percent of such costs;
(E) the sixth grant may not exceed 50 percent of such costs;
(F) the seventh grant may not exceed 40 percent of such costs;
and
(G) the eighth grant may not exceed 30 percent of such costs.
(3) If in a fiscal year the sum of--,
(A) the total of State, local, and other funds, and of the
fees, premiums, and third-party reimbursements collected in that
year, and
(B) the amount of the grant received under subsection (a) by an
entity,
exceeds its actual costs of operation for that year and if the entity is
eligible to receive a grant under subsection (a) in the succeeding year,
an adjustment in the amount of that grant shall be made in such a manner
that the entity may retain such an amount (not to exceed 50 per centum
of the amount by which such sum exceeded such costs) as the entity can
demonstrate to the satisfaction of the Secretary will be used to enable
the entity (i) to expand and improve its services, (ii) to increase the
number of persons which it is able to serve, (iii) to modernize its
facilities, (iv) to improve the administration of its service programs,
and (v) to establish a financial reserve for the purpose of offsetting
the decrease in the percentage of Federal participation in program
operations in future years.
(d)(1) Except as provided in paragraph (3), no grant be made to an
entity under subsection (a) or (b) unless the entity meets the
requirements of paragraph (2).
(2)(A) Except as provided in subparagraph (B), an applicant for a
grant under subsection (a) to provide the services described in that
subsection shall have a governing body which (i) is composed of
individuals who reside in the entity's mental health service area and
who, as a group, represent the residents of that area taking into
consideration their employment, age, sex, and place of residence, and
other demographic characteristics of the area, and (ii) is required to
meet at least once a month, to establish general policies for the entity
(including a schedule of hours during which services will be provided)
to approve the entity's annual budget, and to approve the selection of a
director for the entity. At least one-half of the members of such body
shall be individuals who are not providers of health care.
(B) An applicant which is a hospital, a State agency, or other public
or nonprofit private entity which does not have as its primary purpose
the provision of mental health services under grants under subsection
(a) may appoint a committee which advises it with respect to the
operations of the entity which are funded with a grant under subsection
(a) or (b) and which is composed of individuals who reside in the
entity's mental health service area, who are representative of the
residents of the area as to employemtn, age, sex, place of residence,
and other demographic characteristics, and at least one--, half of whom
are not providers of health care.
(3) Paragraph (1) does not apply with respect to an entity which is a
primary care center, community health center, or migrant health center
and which meets the applicable requirements of part D of title III of
the Public Health Service Act. // 42 USC 255. //
(4) For purposes of paragraph (2), the term "provider of health care"
has the same meaning as is prescribed for that term by section 1531(3)
of the Public Health Serivice Act. // 42 USC 300n. //
(e) For grants under subsections (a) and (b) there are authorized to
be appropriated $45,000,000 for the fiscal year ending September 30,
1982, $50,000,000 for the fiscal year ending September 30, 1983, and
$60,000,000 for the fiscal year ending September 30, 1984.
CHILDREN
AND ADOLESCENTS
Sec. 203. // 42 USC 9433. // (a) The Secretary may make grants to
any State mental health authority, community mental health center, or
other public or nonprofit private entity for the provision of mental
health and related support services for severely mentally disturbed
children and adolescents and for members of their families. The
services which may be provided under a grant under this subsection shall
include at least one of the following:
(1) The indentification and assessment of the needs of severely
mentally distrubed children and adolescents and the provision of
needed mental health and related support services which are not
provided by existing programs.
(2) Assuring the availability of appropriate personnel to be
responsible for providing, or arranging for the provision of, the
needed mental health and related support services for such
children and adolescents.
(3) The provision of auxiliary mental health services under the
Education for all Handicapped Children Act of 1975
// 20 USC 1401 //
to such children and adolescents who are handicapped.
(4) The establishment of cooperative arrangements with juvenile
justice authorities, educational authorities, and other
authorities and agencies that come in contact with such children
and adolescents to ensure referral of such children and
adolescents for appropriate mental health and related support
services.
A grant made under this subsection for a project in a mental health
service area served by a community mental health center may be made only
to the community mental health center or to the State mental health
authority of the State in which the area is located, except that, if the
Secretary finds that because of exceptional circumstances in the mental
health service area the severly mentally disturbed children and
adolescents in the area would otherwise be underserved, a grant may be
made to any other public or private nonprofit entity.
(b) The Secretary may make grants to any public entity for projects
to coordinate the provision of mental health and related support
services to severely mentally disturbed children and adolescents with
the activities of community agencies and State agencies and with the
provision of services available to such children and adolescents under
titles IV, V, XVI, XIX, and XX of the Social Security Act // USC 601,
701, 1381, 1396, 1397. // and under the Education for All Handicapped
Children Act of 1975, // 20 USC 1401 // the Developmental Disabilities
Assistance and Bill of Rights Act, // 42 USC 6001 // the Rehabilitation
Act of 1973, // 29 USC 701 // and other Federal and State statutes.
(c)(1) No entity may receive more than eight grants under this
section.
(2) The amount of any grant under subsection (a) or (b) shall be
determined by the Secretary, except that the amount of--,
(A) the first and second grant may not exceed 90 percent of the
costs (as determined by the Secretary) of the project for which
the grant is made;
(B) the third grant may not exceed 80 percent of such costs;
(C) the fourth grant may not exceed 70 percent of such costs;
(D) the fifth grant may not exceed 60 percent of such costs;
(E) the sixth grant may not exceed 50 percent of such costs;
(F) the seventh grant may not exceed 40 percent of such costs;
and
(G) the eighth grant may not exceed 30 percent of such costs.
(3) If in a fiscal year the sum of--,
(A) the total of State, local, and other funds, and of the
fees, premiums, and third-party reimbursements collected in that
year, and
(B) the amount of the grant received under subsection (a) by an
entity,
exceeds its actual costs of operation for that year and if the entity is
eligible to receive a grant under subsection (a) in the succeeding year,
an adjustment in the amount of that grant shall be made in such a manner
that the entity may retain such an amount (not to exceed 50 per centum
of the amount by which such sum exceeded such costs) as the entity can
demonstrate to the satisfaction of the Secretary will be used to enable
the entity (i) to expand and improve its services, (ii) to increase the
number of persons which it is able to serve, (iii) to modernize its
facilities, (iv) to improve the administration of its service programs,
and (v) to establish a financial reserve for the purpose of offsetting
the decrease in the percentage of Federal participation in program
operations in future years.
(d)(1) Except as provided in paragraph (3), no grant may be made to
an entity under subsection (a) or (b) unless the entity meets the
requirements of paragraph (2).
(2)(A) Except as provided in subparagraph (B), an applicant for a
grant under subsection (a) to provide the services described in that
subsection shall have a governing body which (i) is composed of
individuals who reside in the entity's mental health service area and
who, as a group, represent the residents of that area taking into
consideration their employment, age, sex, and place of residence, and
other demographic characteristics of the area, and (ii) is required to
meet at least once a month, to establish generalo policies for the
entity (including a schedule of hours during which services will be
provided), to approve the entity's annual budget, and to approve the
selection of a director for the entity. At least one-half of the
members of such body shall be individuals who are not providers of
health care.
(B) An applicant which is a hospital, a State agency, or other public
or nonprofit private entity which does not have as its primary purpose
the provision of mental health services under grants under subsection
(a) may appoint a committee which advises it with respect to the
operations of the entity which are funded with a grant under subsection
(a) or (b) and which is composed of individuals who reside in the
entity's mental health service area, who are representative of the
residents of the area as to employment, age, sex, place of residence,
and other demographic characteristics, and at least one--, half of who
are not providers of health care.
(3) Paragraph (1) does not apply with respect to an entity which is a
primary care center, community health ceter, or migrant health center
and which meets the applicable requirements of part D of title III of
the Public Health Service Act. // 42 USC 255. //
(4) For purposes of paragraph (2), the term "provider of health care"
has the same meaning as is prescribed for that term by section 1531(3)
of the Public Health Service Act. // 42 USC 300n. //
(e) For grants under subsections (a) and (b) there are authorized to
be appropriated $10,000,000 for the fiscal year ending September 30,
1982, $12,000,000 for the fiscal year ending September 30, 1983, and
$15,000,000 for the fiscal year ending September 30, 1984.
INDIVIDUALS AND
OTHER PRIORITY POPULATIONS
Sec. 204. // 42 USC 9434. // (a)(1) The Secretary may make grants to
any public or nonprofit private entity for projects for services for
elderly individuals. Each such project shall include at least the
following:
(A) The location of elderly individuals in the mental health
service area or areas served by the entity who are in need of
mental health services.
(B) The provision or arrangement for the provision of medical
idfferential diagnoses of elderly individuals in such area or
areas to distinguish between their need for mental health services
and other medical care.
(C) The specification of the mental health needs of elderly
individuals in such area or areas and the mental health and
support services required to meet such needs.
(D) The provision of--,
areas,
or
homes
and intermediate care facilities in such area or areas
and
training of the employees of such homes and facilities
in the
provision of such services.
(2) The Secretary may make grants to any public or nonprofit private
entity in a mental health serivce area in which, as determined by the
Secretary, the services described in paragraph (1) are being provided to
enable the entity to--,
(A) assure the availability of appropriate personnel to be
responsible for the provision of or for arranging for the
provision of such services to elderly individuals; or
(B) coordinate the provision of such services to elderly
individuals with (i) the area agency on aging (as defined in the
Older Americans Act) and other community agencies profiding mental
health and related support services for elderly individuals, and
(ii) with the provision of services available to elderly
individuals under titles XVI, XVIII, XIX, and XX of the Social
Security Act
// 42 USC 1381, 1396, 1396, 1397. //
and under the Older Americans Act,
// 42 USC 3001 //
the Comprehensive Alcohol Abuse and Alcoholism Prevention,
Treatment, and Rehabilitation Act of 1970,
// 42 USC 4541 //
the Drug Abuse Prevention, Treatment, and Rehabilitation Act,
// 21 USC 1101 //
the United States Housing Act,
// 42 USC 1437 //
the Domestic Volunteer Service Act of 1973, and other Federal and
State statutes.
(3)(A) No entity may receive more than eight grants under paragraph
(1) or (2).
(B) The amount of any grant under paragraph (1) or (2) shall be
determined by the Secretary, except that the amount of--,
(i) the first and second grant may not exceed 90 percent of the
costs (as determined by the Secretary) of the project for which
the grant is made;
(ii) the third grant may not exceed 80 percent of such costs;
(iii) the fourth grant may not exceed 70 percent of such costs;
(iv) the fifth grant may not exceed 60 percent of such costs;
(v) the sixth grant may not exceed 50 percent of such costs;
(vi) the seventh grant may not exceed 40 percent of such costs;
(vii) the eighth grant may not exceed 30 percent of such costs.
(C) If in a fiscal year the sum of--,
(i) the total of State, local, and other funds, and of the
fees, premiums, and third-party reimbursements collected in that
year, and
(ii) the amount of the grant received under paragraph (1) by an
entity,
exceeds its actual costs of operation for that year and if the entity is
eligible to receive a grant under paragraph (1) in the succeeding year,
an adjustment in the amount of that grant shall be made in such a manner
that the entity may retain such an amount (not to exceed 50 per centum
of the amount by which such sum exceeded such costs) as the entity can
demonstrate to the satisfaction of the Secretary will be used to enable
the entity (I) to expand and improve its services, (II) to increase the
number of persons which it is able to serve, (III) to modernize its
facilities, (IV) to improve the administration of its service programs,
and (V) to establish a financial reserve for the purpose of offsetting
the decrease in the percentage of Federal participation in program
operations in future years.
(D) A grant made under paragraph (1) for a project in a mental health
service area served by a community mental health center may be made only
to the community mental health center or to the State mental health
authority of the State in which the area is located, except that, if the
Secretary finds that because of exceptional circumstances in the mental
health service area the elderly individuals in the area would otherwise
be underserved, a grant may be made to any other public or private
nonprofit entity.
(E)(i) Except as provided in clause (iii), no grant may be made to an
entity under paragraph (1) or (2) unless the entity meets the
requirements of clause (ii).
(ii)(I) Except as provided in subclause (I), an applicant for a grant
under paragraph (1) to provide the services described in that paragraph
shall have a governing body which is composed of individuals who reside
in the entity's mental health service area and who, as a group,
represent the residents of that area taking into consideration their
employment, age, sex, and place of residence, and other demographic
characteristics of the area, and which is required to meet at least once
a month, to establish general policies for the entity (including a
schedule of hours during which services will be provided), to approve
the entity's annual budget, and to approve the selection of a director
for the entity. At least one-half of the members of such body shall be
individuals who are not providers of health care.
(II) An applicant which is a hospital, a State agency, or other
public or nonprofit private entity which does not have as its primary
purpose the provision of mental health services under grants under
paragraph (1) may appoint a committee which advises it with respect to
the operations of the entity which are funded with a grant under
paragraph (1) or (2) and which is composed of individuals who reside in
the entity's mental health service area, who are representative of the
residents of the area as to employment, age, sex, place of residence,
and other demographic characteristics, and at least one--, half of whom
are not providers of health care.
(iii) Clause (i) does not apply with respect to an entity which is a
primary care center, community health center, or migrant health center
and which meets the applicable requirements of part D of title III of
the Public Health Service Act. // 42 USC 255. //
(iv) For purposes of clause (ii), the term "provider of health care"
has the same meaning as is prescribed for that term by section 1531(3)
of the Public Health Service Act. // 42 USC 300n. //
(b)(1) The Secretary may make grants to any public or nonprofit
private entity for any project for mental health services which--,
(A) is designed to serve principally one or more priority
population groups in a mental health service area, and
(B) is available to all residents of the area.
(2) A grant made under paragraph (1) for a project in a mental health
service area served by a community mental health center may be made only
to the community mental health center or to the State mental health
authority of the State in which the area is located and only if the
Secretary finds that because of exceptional circumstances in the mental
health service area priority populations in the area would be otherwise
underserved.
(3)(A) Not more than four grants may be made under paragraph (1) to
the same entity for mental health services for the same priority
population group or groups, except that, if the entity is a community
mental health center or other entity in a mental health service area
served by a community mental health center, the number of grants which
it may receive for the same population group or groups may not exceed
two.
(B) In any fiscal year not more than two grants may be made under
paragraph (1) for projects in one mental health service area and the
total numbers of grants that may be made for projects in such an area
under paragraph (1) may not exceed eight.
(C) The amount of any grant under paragraph (1) shall be determined
by the Secretary, except that the amount of--,
(i) the first such grant may not exceed 90 percent of the costs
of the project (as determined by the Secretary) for which the
grant is made,
(ii) the second such grant may not exceed 80 percent of such
costs,
(iii) the third such grant may not exceed 70 percent of such
costs, and
(iv) the fourth such grant may not exceed 60 percent of such
costs,
(D) If in a fiscal year the sum of--,
(i) the total of State, local, and other funds, and of the
fees, premiums, and third-party reimbursements collected in that
year, and
(ii) the amount of the grant received under paragraph (1) by an
entity,
exceeds its actual costs of operation for that year and if the entity is
eligible to recieive a grant under paragraph (1) in the succeeding year,
an adjustment in the amount of that grant shall be made in such a manner
that the entity may retain such an amount (not to exceed 50 per centum
of the amount by which such sum exceeded such costs) as the entity can
demonstrate to the satisfaction of the Secretary will be used to enable
the entity (I) to expand and improve its services, (Ii) to increase the
number of persons which it is able to serve, (III) to modernize its
facilities, (IV) to improve the administration of its service programs,
and (V) to establish a financial reserve for the purpose of offsetting
the decrease in the percentage of Federal participation in program
operations in future years.
(4) For purposes of this subsection, if a grant could be made under
subsection (a) or section 202 or 203 for a project designed primarily to
serve a particular population group, such population group shall not be
included in the priority population groups for which grants are
authorized under this subsection.
(c) An application for a grant under subsection (b) may be approved
only if--,
(1) the application contains satisfactory assurances that the
project for which the application is made will lead to increased
or more appropriate mental health services for a priority
population group or to the development of mental health services
for such a group;
(2) the application contains satisfactory assurances that
members of the priority population group or groups to be served by
the project will be afforded reasonable opportunity to comment on
performance under the project; and
(3) the applicant (A) will during the first three years that it
receives a grant under subsection (b) provide outpatient mental
health services and any two of the following mental health
services determined to be of the greatest need for the priority
population to be served by the applicant: inpatient, screening,
followup, consultation and education, and emergency services, and
(B) unless the applicant is a community mental health center or a
State mental health authority receiving a grant under subsection
(b) as authorized by paragraph (2) of that subsection, has a plan
satisfactory to the Secretary for the provision of all the mental
health services described in clause (A) upon the expiration of the
first three years that it receives a grant under subsection (b).
The Secretary may not approve an application of an entity which has
received a grant for three years under subsection (b) unless the
applicant is providing all the mental health services described in
paragraph (3)(A).
(d)(1) Except as provided in paragraph (3), no grant may be made to
an entity under subsection (b) unless the entity meets the requirements
of paragraph (2).
(2)(A) Except as privided in subparagraph (B), an applicant for a
grant under subsection (b) to provide the services described in that
subsection shall have a governing body which (i) is composed of
individuals who reide in the entity's mental health service area and
who, as a group, represent the residents of the area taking into
consideration their employment, age, sex, and place of residence, and
other demographic characteristics of the area, and (ii) is required to
meet at least once a month, to establish general policies for the entity
(including a schedule of hours during which services will be provided),
to approve the entity's annual budget, and to approve the selection of a
director for the entity. At least one-half of the members of such body
shall be individuals who are not providers of health care.
(B) An applicant which is a hospital, a State agency, or other public
or nonprofit private entity which does not have as its primary purpose
the provision of mental health services under grants under subsection
(b) may appoint a committee which advises it with respect to the
operations of the entity which are funded with a grant under subsection
(b) nd which is composed of individuals who reside in the entity's
mental health service area, who are representative of the residents of
the area as to employment, age, sex, place of residence, and other
demographic characteristics, and at least one-half of whom are not
providers of health care.
(3) Paragraph (1) does not apply with respect to an entity which is a
primary care center, community health center, or migrant health center
and which meets the applicable requirements of part D of title III of
the Public Health Service Act. // 42 USC 255. //
(4) For purposes of paragraph (2), the term "provider of health care"
has the same meaning as is prescribed for that term by section 1531(3)
of the Public Health Service Act. // 42 USC 300n. //
(e) For grants under this section there are authorized to be
appropriated $30,000,000 for the fiscal year ending September 30, 1982,
$35,000,000 for the fiscal year ending September 30, 1983, and
$40,000,000 for the fiscal year ending September 30, 1984. Not less
than 40 percent of the amount appropriated under this subsection for any
fiscal year shall be obligated by the Secretary for grants under
subsection (a).
Sec. 205. // 42 USC 9435. // (a)(1) The Secretary may make grants to
any public or nonprofit private community mental health center to assist
in meeting the costs (as determined by the Secretary by regulation)
of--,
(A) providing the consultation and education services described
in clause (iv) of section 101(b)(1)(A),
(B) providing the followup services described in clause (iii)
of such section,
(C) administering the mental health service programs of the
center,
(D) providing individuals who will be responsible for assuring
that individuals in need of both mental health services and
support services receive each of the services that they need, and
(E) any other non-revenue-producing service which the Secretary
determines is appropriate for a community mental health center to
provide.
(2) To be eligible for a grant under paragraph (1) a community mental
health center must--,
(A) have received a grant under section 203(a) of the Community
Mental Health Centers Act,
// 42 USC 2689b. //
under section 220 of such Act
// 79 Stat. 428, 84 Stat. 56. //
as in effect before July 29, 1975, or under section 201 of this
Act; and
(B) because of the limitations on the period for which a center
may receive such a grant or on the number of such grants the
center may receive, be no longer eligible to receive such a grant.
(b) An application for a grant under subsection (a) shall contain
assurances satisfactory to the Secretary that the applicant will, during
the period which it receives a grant under subsection (a), provide, at a
minimum--,
(1) the comprehensive mental health services described in
clauses (i) through (iv) of section 101(b)(1)(A), and
(2) any service described in section 101(b)(1)(B) which the
center was providing in the last year it received a grant under
the Community Mental Health Centers Act
// 42 USC 2689 //
or this Act for its operations.
Such an application shall also include information regarding the extent
to which and manner in which the applicant has served chronically
mentally ill individuals in prior years (if such service has been
provided) and proposes to serve chronically mentally ill individuals
during the fiscal year for which the grant is sought.
(c)(1) No community mental health center may receive more than five
grants under subsection (a).
(2) The amount of a grant under subsection (a) shall be determined by
the Secretary, except that no grant may exceed the product of $1.25 and
the population of the mental health service area of the community mental
health center receiving the grant. The population of a mental health
service area shall be determined on the basis of the latest figures for
the populations of the States available from the Department of Commerce.
(d) For grants under subsection (a) there are authorized to be
appropriated $30,000,000 for the fiscal year ending September 30, 1982,
$35,000,000 for the fiscal year ending September 30, 1983, and
$40,000,000 for the fiscal year ending September 30, 1984.
CENTERS
Sec. 206. // 42 USC 9436. // (a)(1) For the purpose of assisting
health care centers to participate appropriately in the provision of
mental health services to their patients, the Secretary may make grants
to--,
(A) any public or nonprofit private entity which provides
mental health services that include at least twenty-four-hour
emergency services, outpatient services, and consultation and
education services (as described in section 101(b)(1)(A)(iv)) and
has in effect an agreement of affiliation, described in paragraph
(2), with an entity which is a health care center; or
(B) any public or nonprofit private health care center which
has in effect an agreement of affiliation, described in paragraph
(2), with an entity described in subparagraph (A).
(2) An agreement of affiliation referred to in paragraph (1) is an
agreement between a mental health services entity described in paragraph
(1)(A) and a health care center which agreement--,
(A) describes the geographical area the residents of which will
be served by the mental health services to be provided under the
agreement;
(B) provides for the employment of at least one mental health
professional to serve as a liaison between the parties to the
agreement and includes a description of the qualifications to be
required of that person and of any other professional mental
health personnel to be employed under the agreement;
(C) provides satisfactory assurances that the mental health
services entity will make mental health services available to
patients of the center referred to it by the liaison or other
mental health professionals; and
(D) includes transportation arrangements and other arrangements
for effecting referral from the center to the mental health
services entity of patients needing the services of such entity.
(b) Any grant under subsection (a) may be made for a project for any
one or more of the following:
(1) The costs of the liaison or other mental health
professionals providing services in the health care center in
accordance with an agreement of affiliation.
(2) Mental health services provided by other personnel of the
center which the mental health services entity determines can be
appropriately provided by such personnel.
(3) Consultation and inservice training on mental health
provided to personnel of the health care center by the mental
health services entity.
(4) Establishing liaison between the center and other providers
of mental health services or support services.
(c)(1) No entity may receive more than eight grants under subsection
(a).
(2) The amount of any grant under subsection (a) shall be determined
by the Secretary, except that the amount of--,
(A) the first and second grant may not exceed 90 percent of the
costs (as determined by the Secretary) of the project for which
the grant is made;
(B) the third grant may not exceed 80 percent of such costs;
(C) the fourth grant may not exceed 70 percent of such costs;
(D) the fifth grant may not exceed 60 percent of such costs;
(E) the sixth grant may not exceed 50 percent of such costs;
(F) the seventh grant may not exceed 40 percent of such costs;
and
(G) the eighth grant may not exceed 30 percent of such costs.
(3) If in a fiscal year the sum of--,
(A) the total of State, local, and other funds, and of the
fees, premiums, and third-party reimbursements collected in that
year, and
(B) the amount of the grant received under subsection (a) by a
center or other entity,
exceeds its actual costs of operation for that year and if the center or
entity is eligible to receive a grant under subsection (a) in the
succeeding year, an adjustment in the amount of the grant shall be made
in such a manner that the center or entity may retain such an amount
(not to exceed 50 per centum of the amount by which such sum exceeded
such costs) as the center or entity can demonstate to the satisfaction
of the Secretary will be used to enable the center or entity (i) to
expand and improve its services, (ii) to increase the number of persons
which it is able to serve, (iii) to modernize its facilities, (iv) to
improve the administration of its service programs, and (v) to establish
a financial reserve for the purpose of offsetting the decrease in the
percentage of Federal participation in program operations in future
years.
(d) For grants under subsection (a) there are authorized to be
appropriated $15,000,000 for the fiscal year ending September 30, 1982,
$17,500,000 for the fiscal year ending September 30, 1983, and
$20,000,000 for the fiscal year ending September 30, 1984.
(e) For purposes of this section, the term "health care center"
includes an outpatient facility operated in connection with a hospital,
a primary care center, a community health center, a migrant health
center, a clinic of the Indian Health Service, a skilled nursing home,
an intermediate care facility, and an outpatient health care facility of
a medical group practice, a public health department, or a health
maintenance organization.
Sec. 207. // 42 USC 9437. // (a) The Secretary may make grants to
any public or nonprofit private entity for--,
(1) projects for the training and retraining of employees
adversely affected by changes in the delivery of mental health
services and for providing such employees assistance in securing
employment;
(2) projects for the innovative use of personnel in the
management and delivery of mental health services; and
(3) any other innovative project of national significance
respecting mental health services and mental health services
personnel.
The Secretary may enter into contracts for the projects described in
this subsection with any private entity which is engaged solely in the
provision of mental health services.
(b)(1) The total number of grants and contracts which an entity may
receive under subsection (a) may not exceed five.
(2) The amount of any grant or contract under subsection (a) shall be
determined by the Secretary.
(c) No contract may be entered into under subsection (a) unless an
application therefor has been submitted to and approved by the
Secretary. The application shall be submitted in such form and manner
and shall contain such information as the Secretary may prescirbe.
(d) Of the total amount appropriated for any fiscal year under
sections 201 through 206, 5 percent is available to the Secretary in
such fiscal year for grants and contracts under subsection (a). Of the
funds obligated in any fiscal year by the Secretary for such grants and
contracts, not less than 50 percent shall be obligated for approvable
projects described in subsection (a)(1).
THE
PROMOTION OF MENTAL HEALTH
Sec. 208. // 42 USC 9438. // (a) The Secretary may make grants to
any public or nonprofit private entity for projects for the prevention
of mental illness and the promotion of mental health or to demonstrate
the effectiveness of intervention techniques and mental health promotion
activities in the--,
(1) maintenance and improvement of the mental health of
individuals and groups of individuals particularly susceptible to
mental illness,
(2) prevention of the onset of mental illness in such
individuals and groups,
(3) prevention of the deterioration of the mental health of
such individuals and groups,
(4) education of the general public regarding mental health
problems and mental illness, the prevention of mental health
problems and mental illness, and the promotion of mental health,
and
(5) provision of screening, consultation, referral, and
education in public school systems and in places of employment to
detect and prevent early mental health problems and to promote
mental health.
(b) Projects supported by grants under subsection (a) shall be
consistent with national goals and priorities regarding the prevention
of mental illness and promotion of mental health determined by the
Director of the National Insitute of Mental Health under section 455(
d)(1) of the Public Health Service Act. // 42 USC 289k-1. //
(c) An application for a grant under subsection (a) shall--,
(1) define the techniques and mental health promotion
activities to be funded by the grant;
(2) define the individuals or groups of indivduals to be served
by such techniques and activities; and
(3) provide for the evaluation of the effectiveness of such
techniques and activities and describe the methodology to be used
in making such evaluation.
(d) No entity may receive more than eight grants under subsection
(a). The amount of a grant under subsection (a) shall be determined by
the Secretary.
(e) For the purpose of grants under subsection (a) there are
authorized to be appropriated $6,000,000 for the fiscal year ending
September 30, 1982, $7,000,000 for the fiscal year ending September 30,
1983, and $8,000,000 for the fiscal year ending September 30, 1984.
Sec. 301. // 42 USC 9451. // The State mental health authority of
and any entity in an State is not eligible to receive a grant or
contract under title II or this title for any fiscal year unless such
State has in effect a State mental health services program which--,
(1) has been prepared by the State mental health authority in
consultation with the Statewide Health Coordinating Council of the
State, and
(2) is consistent with the provisions relating to mental health
services of the State health plan prepared in accordance with
section 1524(c)(2) of the Public Health Service Act.
// 42 USC 300m-3. //
Sec. 302. // 42 USC 9452. // A State mental health services program
shall be submitted in such form and manner as the Secretary prescribes.
The program shall consist of an administrative part and a services part
as follows:
(1) The administrative part shall--,
council
to consult with the State mental health authority in
administering
the program, which council shall include--,
provision
of mental health services, and
services,
and the nonprovider members of which shall constitute at
least one-half of the membership of the council;
information
as the Secretary may from time to time reasonably
require, and will keep such records and afford such
access
thereto as the Secretary may find necessary to assure
the
correctness and verification of such reports;
in the
program or on which the program is based will conform to
such criteria, standards, and other requirements
relating to
their form, method of collection, content, or other
aspects as
the Secretary may prescribe;
review
the program and submit to the Secretary appropriate
modifications
thereof which it considers necessary;
relating to
the establishment and maintenance of personnel standards
on a merit basis; and
(2) The services part shall--,
of
the State for mental health and related support
services
after consideration of--,
emotionally
disturbed children and adolescents, elderly individuals,
and other priority population groups;
personnel,
and services necessary to meet the mental health needs
of each area;
(ii) to
evaluate the facilities, personnel, and services of each
mental health service area;
(B)
through (D) for mental health services and related
support
service needs which relate to more than one mental
health
service area;
needs
should be addressed through the use of existing
Federal,
State, and local resources;
with
respect to the delivery of mental health services in the
mental health service areas;
who are
mentally ill or otherwise mentally handicapped and
describe
any measure which needs to be taken to protect such
rights;
State
and entities in communities of the State to coordinate
the
provision of mental health and related support services
in
the State;
mental
health authority will take--,
// 42 USC 2689 //
and this Act and for which Federal
financial assistance is no longer available;
request
of the State mental helth authority, permits)--,
settings
and provided mental health and related support
services appropriate to such persons' level of
functioning;
least-restrictive
settings and provided mental health and
related support services appropriate to such persons'
level of fuctioning; and
facilities
in the State in order to determine if such care is
medically or psychologically indicated;
for
mentally ill individuals in the State under titles
IV, V, XVI,
XVIII, XIX, and XX of the Social Security Act
// 42 USC 601, 701, 1381, 1395, 1396, 1397. //
and under
the Education for All Handicapped Children Act
of 1975,
// 20 USC 1401 //
the
Older Americans Act,
// 42 USC 3001 //
the Developmental Disabilities
Assistance and Bill of Rights Act, the
Comprehensive Alcohol
Abuse and Alcoholism Prevention, Treatment, and
Rehabilitation Act of 1970,
// 42 USC 6001 //
the Drug Abuse Prevention,
Treatment, and Rehabilitation Act,
// 42 USC 4541 //
and other relevant Federal
statutes;
coordinate
the provision of services under this Act
// 21 USC 1101 //
with the
provision of services under the Acts referred to in
subparagraph
(K); and
information
or assurances and meet such other requirements as the
Secretary prescribes in order to achieve the purposes
of this
Act.
Sec. 303. Section 1623(a)(1)(B) of the Public Health Service Act //
42 USC 300m-2. // is amended by inserting after "the statewide health
needs of the State" the following: ",including the need for mental
health services in the State,".
Sec. 305. // 42 USC 9461. // (a) The Secretary may enter into an
agreement with any qualified State mental health authority of a State
under which the authority will be the exclusive agent for the State and
entities within the State for purposes of the financial assistance
programs asthorized by title II (other than the programs authorized by
sections 207 and 208).
(b) For purposes of subsection (a), a qualified State mental health
authority is an authority which meets the following requirements:
(1) A State mental health authority shall demonstrate to the
satisfaction of the Secretary (A) that it is effectively
implementing its State mental health services program prepared
pursuant to section 301, and (B) that it, or another agency of the
State, is making a good faith effort to establish and implement
procedures for carrying out the requirements of paragraph (2).
(2)(A) For the purpose of eliminating the overconcentration of
chronically mentally ill individuals in any community or group of
communities in a State, the State mental health authority of the
State shall monitor the discharge and diversion of such
individuals into communities by inpatient mental health
facilities.
(B) A State mental health authority shall administer a program
of services for chronically mentally ill individuals in the State
who have been discharged or diverted from inpatient mental health
facilities. Such program shall include at least the following:
health
facilities in the State to the appropriate community
mental
health centers or other entities of the discharge of
and the
location of the residence of each chronically mentally
ill
individual who has given as informed consent to such
notification.
discharged
form an inpatient mental health facility into a
community, a prerelease consultation between the
facility
and the appropriate community mental health center or
other entity respecting the individual if the
individual has
given an informed consent to such consultation. Such
consultation
shall take place without delaying the discharge of
such individual from the mental health facility. Such
consultation
shall include a preliminary evaluation of the physical,
mental, social, and monetary needs of the individual to
be
discharged, and an identification of the services and
programs
for which such individual is eligible.
facility
of a written treatment and services plan for each
chronically
mentally ill individual who is to be discharged or who
is
diverted by the facility and who has given an informed
consent to the development of such plan. The plan
shall be
developed in consultation with a case manager in the
community
mental health center or other appropriate entity in
the mental health service area in which such individual
will
or does reside. Such plan shall--,
resides
or is to reside in a residence in which there are at
least
three other chronically mentally ill individuals with
whom the individual is not related by blood or marriage
and which charges the individual for residing in the
residence, assure that the residence meets the
requirements
prescribed under subparagraph (C) or meets the
comparable requirements established under section
1616(e) of the Social Security Act.
// 42 USC 1382e. //
services,
rehabilitation services, vocational training and
placement, social services, and living skills training;
and
least
every one hundred and twenty days.
(iv) In the case of a chronically mentally ill individual for
whom a plan has been developed under clause (iii),
designation
of a case manager to be responsible for the
implementation
of the plan and the coordiantion of services under the
plan.
standards
for the provision of followup care for the chronically
mentally ill by community mental health centers and
other
appropriate entities.
Compliance with the informed consent requirements of the
program shall be determined in accordance with the law of the
State in which the program is in effect.
(C) A State mental health authority shall develop a program for
regulating, in accordance with guidelines established by the
Secretary, residences in which there are at least four chronically
mentally ill individuals who are not related by blood or marriage,
which charge such individuals for residing in the residence, and
which do not meet the comparable requirements established under
section 1616(e) of the Social Security Act. Such program shall
include the following:
including
a standard which requires a mechanism to be available
to the residents who are chronically mentally ill to
provide
referral to and assistance in reaching appropriate
medical,
dental, mental health, and other services not available
at a
residence, compliance with appropriate life safety,
fire, and
sanitation codes, and access for visitation during
reasonable
hours without prior notice by appropriate mental health
and
social service staff.
monitoring
of the compliance of the residence with the requirements
of the program.
community
mental health service area in which such individual will
or does reside. Such plan shall--,
resides
or is to reside in a residence in which there are at
least
three other chronically mentally ill individuals with
whom the individual is not related by blood or marriage
and which charges the individual for residing in the
residence, assure that the residence meets the
requirements
prescribied under subparagraph (C) or meets the
comparable requirements established under section
1616(e) of the Social Security Act.
// 42 USC 1382e. //
services,
rehabilitation services, vocational training and
placement, social services, and living skills training;
and
individual for
whom a plan has been developed under clause (iii),
designation
of a case manager to be responsible for the
implementation
of the plan and the coordination of services under the
plan.
standards
for the provision of followup care for the chronically
mentally ill by community mental health centers and
other
appropriate entities.
Compliance with the informed consent requirements of the program
shall be determined in accordance with the law of the State in
which the program is in effect.
(C) A State mental health authority shall develop a program for
regulating, in accordance with guidelines established by the
Secretary, residences in which there are at least four chronically
mentally ill individuals who are not related by blood or marriage,
which charge such individuals for residing in the residence, and
which do not meet the comparable requirements established under
section 1616(e) of the Social Security Act. Such program shall
include the following:
including
a standard which requires a mechanism to be available
to the residents who are chronically mentally ill to
provide
referral to and assistance in reaching appropriate
medical,
dental, mental health, and other services not available
at a
residence, compliance with appropriate life safety,
fire, and
sanitation codes, and access for visitation during
reasonable
hours without prior notice by appropriate mental health
and
social service staff.
monitoring
of the compliance of the residence with the requirements
of the program.
funded when approved by the Secretary, and (ii) in accordance
withthe agreement entered into under section 305, transmit such
applications to the Secretary.
If the State mental health authority modifies or returns an application,
the State mental health authority shall provide the applicant involved
with a statement of the reasons for the modification or return.
(2) If a State mental health authority has not entered into an
agreement under section 305, the authority shall carry out the
following:
(A) The authority shall consider the applications submitted to
it in accordance with subsection (a), and, in the course of such
consideration, shall provide the applicants and other interested
persons with a reasonable opportunity for a hearing before the
authority on the applications. The authority shall also provide a
reasonable opportunity for a hearing on applications the authority
proposes to submit for itself to the Secretary.
(B) For each category of grants under title II for which an
application was submitted to or proposed by the authority, the
authority shall (i) rank all the applications for such category of
grants in the order in which the authority determines the
applications should be funded when approved by the Secretary, and
(ii) in accordance with regulations issued by the Secretary,
transmit such applications to the Secretary.
(c)(1) An application may appeal to the Secretary a decision of a
State mental health authority under subsection (b)(1) to return to the
applicant its application or to modify its application. In reviewing
the decision of the authority, the Secretary shall provide the authority
and the applicant involved a reasonable opportunity for a hearing on the
appeal of the decision of the authority. If the Secretary finds that
the decision of the authority was arbitrary or capricious, the
Secretary--,
(A) shall, if the decision of the authority was to return the
application, return the application to the authority for ranking,
and
(B) shall, if the decision of the authority was to modify the
application, provide the authority an opportunity to change its
rank of the application,and the Secretary may consider the
application without regard to the modifications.
(2) An applicant may appeal to the Secretary a decision of a State
mental health authority under subsection (b)(2) ranking the application.
In reviewing the decision of the authority, the Secretary shall provide
the authority and the applicant involved a reasonable opportunity for a
hearing on the appeal of the decision of the authority. If the
Secretary finds that on the basis of the record established in the
hearing provided under the preceding sentence, there is substantial
evidence that the activity proposed in the application involved would
better carry out the purposes of the section under which it would be
funded than other applications under that section given a higher rank,
the Secretary may consider the applicatiojn without regard to the rank
given the application by the State mental health authority.
(3) A decision of the Secretary under paragraph (1) or (2) is not
subject to judicial review.
(d) If the State mental health authority fails to carry out, in
accordance with an agreement entered in to under section 305 or with
regulations issued by the Secretary, its responsibilities under
subsection (b) with respect to applications submitted to it, the
applicants under such applications shall be provided an opportunity to
submit their applications directly to the Secretary.
Sec. 307. // 42 USC 9463. // (a) No grant may be made under this
title or title II unless an pplication therefor is submitted to and
approved by the Secretary. The application shall be in such form,
submitted in such manner, and contain such information, as the Secretary
may require.
(b) An application for a grant under section 201, 202, 203, or 204
must, in addition to the application requirements prescribed in the
section under which the grant is to be made, contain or be accompanied
by--,
(1) a financial plan and budget covering the year for which the
grant is sought (and such additional period as the Secretary may
require) showing the sources of funding for the project among the
various types of services to be provided or assisted and among the
various population groups to which the project is directed;
(2) a statement of the objectives of the project;
(3) with respect to health services which are to be provided,
assurances satisfactory to the Secretary that--,
cover
its reasonable costs of operation and a corresponding
schedule
of discounts to be applied to the payment of such fees
or
payments which discounts are adjusted on the basis of
the
patient's ability to pay; (ii) has made and will
continue tpo
make every reasonable effort (I) to secure from
patients
payment for services in accordance with such approved
schedules, and (II) to collect reimbursement for
health services
to persons described in subparagraph (B) on the basis
of
the full amount of fees and payments for such services
without application of any discount, and (iii) has
submitted
to the Secretary such reports as the Secretary may
require to
determine compliance with this subparagraph; and
reimbursement
for its costs in providing services to persons who
are entitled to insurance benefits under title XVIII
of the
Social Security Act,
// 42 USC 1395. // or to assistance for approved under title XIX of
such Act, // 42 USC 1396. // or to assistance for
medical expenses under any other public assistance
program
or private health insurance program; and
under
which fees for the provisions of mental health services
through the applicant will be paid to the applicant,
and (ii)
which prohibits health professional who provide such
services
to patients through the applicant from providing such
services to such patients except through the applicant.
(4) in the case of a project which will serve a population
whihc includes a substantial proportion of individuals of limited
English-speaking ability, assurances satisfactory to the Secretary
that the applicant has (A) developed a plan and made arrangements
responsive to the needs of such population for providing services
to the extent practicable in the language and cultural context
most appropriate to such individuals, and (B) identified an
individual on its staff who is fluent in both that language and
English and whose responsibilities shall include providing
guidance to such individuals and to appropriate staff members with
respect to cultural sensitivity and bridging linguistic and
cultural differences;
(5) assurances that the applicant has in effect a system,
satisfactory to the Secretary, to assure that an employee of the
applicant who reports to any officer or employee of the Department
of Health and Human Services or appropriate State
authority any failure on the part of the applicant to comply with
an applicable requirement of this Act or regulation of the
Secretary or requirement of State law will not on account of such
report be discharged or discriminated against with respect to the
employee's compensation or the terms, conditions, or privileges of
the employee's employment;
(6) satisfactory assurances that each facility to be used in
the provision of mental health or support services to be supported
by the grant applied for meets the requirements of applicable fire
and safety codes imposed by State law;
(7) information on the organization and operation of the
applicant;
(8) satisfactory assurances that the applicant will submit such
reports, at such times and containing such information, as the
Secretary may request and maintain such records as the Secretary
may find necessary for purposes of this Act, and afford the
Secretary and the Comptroller General of the United States such
access to such records and other documents as may be necessary for
an effective audit of the project;
(9) satisfactory assurances that funds made available under
this Act will be used to supplement and, to the extent practical,
increase the level of non-Federal funds that would, in the absence
of those Federal funds, be made available for the purpose for
which the funds under this Act are made available, and will in no
event supplant such non-Federal funds;
(10) satisfactory assurances that measures have been taken by
the applicant to consult with members of the group or groups to be
served, members of the public, and affected organizations and
agencies during the development of the application, and to give
reasonable opportunities to members of such groups, members of the
public, and interested organizations and agencies to comment on
the application;
(11) assurances that the applicant has made satisfactory
efforts to coordinate the services to be provided with other
mental health and support services in the same area;
(12) in the case of a grant under section 201 or 202,
information regarding the extent to which and manner in which the
applicant has served chronically mentally ill individuals in prior
years (if such service has been provided) and proposes to serve
chronically mentally ill individuals during the fiscal year for
which the grant is sought;
(13) statistics and other information requested by the
Secretary necessary to evaluate the compliance of the application
with the requirements of this section;
(14) satisfactory assurance that the project is consistent with
the State mental health services program; and
(15) such other information and material and such other
assurances as the Secretary may prescribe.
(c) If an entity has received a grant under section 201, 202, 203,
204, or 206, the entity is not eligible to apply for a grant under
another of such sections unless it continues to provide the service it
provided under the grant it received or the Secretary determines that
the service is not needed.
(d) If a grant is made for any fiscal year under section 202. 203, or
204(a) for a project in a mental health service area, no more than one
grant may be made for such fiscal year for a project in such mental
health service area under any one of the other such sections.
Sec. 308. // 42 USC 9464. // (a) Except as provided in this section,
the requirements of this title and title II shall apply with respect to
any application of an Indian tribe, intertribal organization, or urban
Indian organization made for a grant under title II.
(b)(1) Any Indian tribe or intertribal organization may apply
directly to the Secretary for a grant under title II for the provision
of mental health services if such services will be available within or
will specifically serve--,
(A) a federally recognized Indian reservation,
(B) any land area in Oklahoma that is held in trust by the
United States for Indians or that is a restricted Indian-owned
land area,
(C) a native village in Alaska (as defined in section 3(c) of
the Alaska Native Claims Settlement Act),
// 43 USC 1602. //
or
(D) an Indian community the members of which are recognized as
eligible for services under the Indian Health Care Improvement
Act.
// 25 USC 1601 //
(2) An application of an Indian tribe or intertribal organization
authorized by paragraph (1)--,
(A) shall also be submitted by the applicant to the Indian
Health Service and may not be approved by the Secretary unless the
Indian Health Service certifies that the application is consistent
with the Tribal Specific Health Plan of the tribe or tribes to be
served by the grant,
(B) shall not be subject to consideration by a State mental
health authority,
(C) may be made without regard to the State mental health
services program in effect in the State in which the tribe or
organization is located, and
(D) may be considered, approved, and funded by the Secretary
without regard to the mental health service area or areas in which
the services under the grant will be provided.
(c) If the application of any Indian tribe, intertribal organization,
or urban Indian organization for a grant under title II requests that
the Indian Health Service or any entity of the Service provide the
mental health services under the grant to members of such tribe or
organization--,
(1) the application shall not be subject to consideration by a
State mental health authority, and
(2) if the application is approved, payments under the grant
shall be made to the Indian Health Service or entity of the
Service as requested in the application.
(d) For purposes of this section--,
(1) the term " Indian tribe" has the same meaning as is given
that term by the Indian Self-Determination Act,
// 25 USC 450f //
and
(2) the term "urban Indian organization" has the same meaning
as is given that term by the Indian Health Care Improvement Act.
Sec. 309. // 42 USC 9465. // In considering any application for a
grant or contract under this title or title II, the Secretary shall
provide a reasonable opportunity for the submission of comments on the
application. If the Secretary does not approve an application, the
Secretary shall provide the applicant and the State mental health
authority of the State in which the applicant is located to the
Secretary with a statement of the reasons of the Secretary for not
approving the application.
Sec. 315. // 42 USC 9471. // No payment may be made under any grant
or contract made or entered into under title II or this title unless the
Secretary has entered into a contract with the entity to which the grant
has been made or with which the contract has been entered into
specifying the following with respect to the performance of the
activities for which the grant or contract was made or entered into:
(1) A schedule for the performance of such activities.
(2) The standards by which the performance of such activities
by the entity will be monitored and evaluated, the incentives
which will be provided the entity to meet such standards, and the
role of the Secretary and of consumers and representatives of
communities affected by such activities in such monitoring and
evaluation.
(3) The methods and format which will be used in collecting and
transmitting data to the Secretary respecting the performance of
such activities.
(4) An expeditious and impartial method for the resolution of
disputes between the entity and the Secretary respecting the
performance of such activities.
(5) Such other matters which the Secretary includes in the
contract to carry out the purposes of the section under which the
grant or contract was made or entered into.
Sec. 316. // 42 USC 9472. // (a) The Secretary shall prescribe
standard measures of performance designed to test the quality and extent
of performance by the recipients of grants and contracts under title II
and this title and the extent to which such performance has helped to
achieve the national or other objectives for which the grants or
contracts were made or entered into.
(b) In determining whether or not to approve an application for a
grant or contract under title II or this title, the Secretary shall
consider the performance by the applicant under any prior grant or
contract under title II or this title as measured under subsection (a).
Sec. 317. // 42 USC 9473. // (a) With the approval of the Secretary,
any recipient of a grant or contract under title II or this title may
use a portion of that grant or contract for evaluation of the project or
activity involved.
(b) Not more than 1 per centum of the total amount appropriated under
title II and this title for any fiscal year shall be used by the
Secretary, or through contracts with State mental health authorities or
other entites, to monitor activities of the recipients of grants and
contracts under title II or this title to determine if the requirements
of this Act applicable to the receipt of such grants or contracts are
being met.
Sec. 321. // 42 USC 9481. // (a) If the Secretary determines that
there has been a substantial and persistent failure--,
(1) by a State mental health authority to implement its State
mental health services program in accordance with the requirements
of part A of this title, the Secretary may issue a proposed order
to stop payments under title II and this title to any entity in
the State, including the State mental health authority, until the
Secretary is satisfied that such failure has been or will be
corrected, or
(2) by any entity in a State which is receiving funds under a
grant or contract under title II or this title to comply with the
requirements of this title (other than the requirements of part
A), the Secretary may issue a proposed order to stop payments
under such grant or contract until the Secretary is satisfied that
such failure has been or will be corrected.
The Secretary shall notify each entity affected by an order issued under
this subsection of the effect of the order.
(b) If the Secretary issues an order under subsection (a), the
Secretary shall provide a reasonable opportunity for an informal hearing
for the entities affected by the order. Such a hearing shall be held in
the State in which such entities are located. If after such a hearing
the Secretary reaffirms the determination on which the order was based,
the Secretary may discontinue payments as specified in the proposed
order or as revised by the Secretary after the hearing.
Sec. 325. Section 455 of the Public Health Service Act // 42 USC
289k-1. // is amended by adding at the end thereof the following new
subsection:
"(d) The Director shall designate an administrative unit in the
Institute to--,
"(1) design national goals and establish national priorities
for--,
"(2) encourage and assist local entities and State agencies to
achieve the goals and priorities described in paragraph (1), and
"(3) develop and coordiante Federal prevention policies and
programs and to assure increased focus on the prevention of mental
illness and the promotion of mental health.".
Sec. 326. // 42 USC 9491. // Such portion as the Secretary may
determine, but not more than 2 percent, of the total amount appropriated
under title II for any fiscal year is available to the Secretary to
provide technical assistance, including short-term training, to any
State mental health authority or other entity which is or has been a
recipient of a grant under title II or this title to assist it in
developing, or in better administering, the mental health services
program or programs for which it is responsible.
Sec. 327. // 42 USC 9492. // Except as provided in section 101(b)(
2), any mental health service which an entity is responsible for
providing in a mental health service area under a grant or contract
under title II may be provided by it directly at its primary or
satellite facilities or through arrangements with other entities or
health professionals and others in, or serving residents of, the same
mental health service area.
Sec. 328. // 42 USC 9493. // In lieu of providing funds under a
grant under title II or this title, the Secretary may provide such funds
under a cooperative agreement, and all requirements which would apply
with respect to such a grant shall apply to the cooperative agreement.
Sec. 401. (a) Section 455 of the Public Health Service Act // 42 USC
289k-1. // (as amended by section 325 of this Act) is amended by adding
at the end thereof the following new subsection:
"(e)(1) The Director of the National Institute of Mental Health shall
designate an Associate Director for Minority Concerns.
"(2) The Secretary, acting through the Associate Director for
Minortiy Concerns, shall--,
"(A) develop and coordinate prevention, treatment, research and
administrative policies and programs to assure increased emphasis
on the mental health needs of minority populations.
"(B) support programs and projects relating to the delivery of
mental health services to minority populations, including
demonstration programs and projects;
"(C) develop a plan to increase the representation of minority
populations in mental health service delivery and manpower
programs;
"(D) support programs of basic and applied social and
behavioral research on the mental health problems of minority
populations;
"(E) study the effects of discrimination on institutions and
individuals, including majority institutions and individuals;
"(F) develop systems to assist minority populations in adapting
to, and coping with, the effects of discrimination;
"(G) support and develop research, demonstration, and training
programs designed to eliminate institutional discrimination; and
"(H) provide increased emphasis on the concerns of minority
populations in training programs, service delivery programs, and
research endeavors of the Institute.".
(b) The amendment made by subsection (a) // 42 USC 289k-1 // shall
take effect on the date of the enactment of this Act or October 1, 1980,
whichever occurs later.
Sec. 501. // 42 Usc 9501. // It is the sense of the Congress that
each State should review and revise, if necessary, its laws to ensure
that mental health patients receive the protection and services they
require; and in making such review and revision should take into
account the recommendations of the President's Commission on Mental
Health and the following:
(1) A person admitted to a program or facility for the purpose
of receiving mental health services should be accorded the
following:
services
in a setting and under conditions that--,
applicable
requirements of law, and applicable judicial orders.
or
service plan (such plan to be developed promptly after
admission of such person), the right to treatment based
on
such plan, the right to periodic review and
reassessment of
treatment and related service needs, and the right to
appropriate
revision of such plan, including any revision necessary
to provide a description of mental health services that
may be needed after such person is discharged from such
program or facility.
appropriate
to such person's capabilities, in the planning of
mental health service to be provided such person
(including
the right to participate in the development and periodic
revision of the plan described in subparagraph (B)),
and, in
connection with such participation, the right to be
provided
with a reasonable explanation, in terms and language
appropriate
to such person's condition and ability to understand,
of--,
absence of
such person's informed, voluntary, written consent to
such
mode or course of treatment, except treatment--,
professional;
or
the
absence of such person's informed, vouluntary, written
consent,
the right to appropriate protections in connection with
such participation, including the right to a reasonable
explanation
of the procedure to be followed, the benefits to be
expected, the relative advantages of alternative
treatments,
and the potential discomforts and risks, and the right
and
opportunity to revoke such consent.
other
than as a mode or course of treatment or restraint or
seclusion during an emergency situation if such
restraint or
seclusion is pursuant to or documented contemporaneously
by the written order of a responsible mental health
professional.
records.
others
privately, to have convenient and reasonable access to
the
telephone and mails, and to see visitors during
regularly
scheduled hours, except that, if a mental health
professional
treating such person determines that denial of access
to a
particular visitor is necessary for treatment purposes,
such
mental health professional may, for a specific,
limited, and
reasonable period of time, deny such access if such
mental
health professional has ordered such denial in writing
and
such order has been incorporated in the treatment plan
for
such person. An order denying such access should
include
the reasons for such denial.
ability to
understand, of the rights described in this section.
infringement
of the rights described in this section, including the
right to have such grievances considered in a fair,
timely,
and impartial grievance procedure provided for or by the
program or facility.
access
to (including the opportunities and facilities for
private
communication with) any available--,
assistance to understand,
exercise,
and protect the rights described in this section and in
other provisions of law.
form of
denial of any appropriate, available treatment.
providers
of mental health services upon discharge.
(2)(A) The rights described in this section should be in
addition to and not in derogation of any other statutory or
constitutional rights.
(B) The rights to confidentiality of and access to records as
provided in subparagraphs (H) and (I) of paragraph (1) should
remain applicable to records pertaining to a person after such
person's discharge from a program or facility.
(3)(A) No otherwise eligible person should be denied admission
to a program or facility for mental health services as a reprisal
for the exercise of the rights described in this section.
(B) Nothing in this section should--,
professional
to administer treatment contrary to such professional's
clinical
judgment;
consistent
with the clinical judgment of the mental health
professional
with the clinical judgement of the mental health
professional
primarily responsible for such person's treatment, is
or has
become impossible as a result of such person's refusal
consent
to such treatment;
who,
while admitted on prior occasions to such program or
facility, has
repeatedly frustrated the purposes of such admissions
by withholding
consent to proposed treatment; or
services
to any person who is admitted to such program or
facility solely
for diagnostic or evaluative purposes.
(C) In order to assist a person admitted to a program or
facility in the exercise or protection of such person's rights,
such person's attorney or legal representatives should have
reasonable access to--,
person has
records and information pertaining to such person's
diagnosis,
treatment, and related services described in paragraph
(1)(I).
(D) Each program and facility should post a notice listing and
describing, in language and terms appropriate to the ability of
the persons to whom such notice is addressed to understand, the
rights described in this section of all persons admitted to such
program or facility. Each such notice should conform to the
format and content for such notices, and should be posted in all
appropriate locations.
(4)(A) In the case of a person adjudicated by a court of
competent jurisdiction as being incompetent to exercise the right
to consent to tretment or experimentation described in
subparagraph (D) or (E) of paragraph (1), or the right to
confidentiality of or access to records described in subparagraph
(H) or (I) of such paragraph, or to provide authorization as
described in paragraph (3)(C)(iii), such right may be exercised or
such authorization may be provided by the individual appointed by
such court as such person's guardian or representative for the
purpose of exercising such right or such authorization.
(B) In the case of a person who lacks capacity to exercise the
right to consent to treatment or experimentation under
subparagraph (D) or (E) of paragraph (1), or the right to
confidentiality of or access to records described in subparagraph
(H) or (I) of such paragraph, or to provide authorization as
described in paragraph (3)(C)(iii), because such person has not
attained an age considered sufficiently advanced under State law
to permit the exercise of such right or such authorization to be
legally binding, such right may be exercised or such authorization
may be provided on behalf of such person by a parent or legal
guardian of such person.
(C) Notwithstanding subparagraphs (A) and (B), in the case of a
person admitted to a program or facility for the purpose of
receiving mental health services, no individual employed by or
receiving any remuneration from such program or fcility should
aqct as such person's guardian or representative.
Sec. 502. // 42 USC 9502. // (a)(1) The Secretary may make grants to
any public or nonprofit private entity for projects to protect and
advocate the rights of mentally ill individuals if the entity--,
(A) has the authority and ability to pursue legal,
administrative, and other appropriate remedies to ensure the
protection of the rights of mentally ill individuals, and
(B) is independent of any entity which provides treatment or
services to mentally ill individuals.
(2) A grant under paragraph (1) for the first fiscal year for which
funds are appropriated under subsection (d) may be made only to an
entity of the government of a State designated by the Governor of the
State or a public or nonprofit private entity in a State recommended by
the Governor of the State. A grant under paragraph (1) for a succeeding
fiscal year may be made to any public or nonprofit private entity,
except that in considering an application of an entity which is not an
entity of State government designated by the Governor or which has not
been recommended by the Governor of a State, the Secretary shall notify
the Governor of the State in which such entity is located of the
application and shall provide the Governor and other interested persons
a reasonable opportunity for a hearing on the application.
(b) The Secretary may make grants to any public or nonprofit private
entity for the provision of training and technical assistance for
entities carrying out projects to protect and advocate the rights of
mentally ill individuals.
(c) No grant may be made under subsection (a) or (b) unless an
application therefor is submitted to and approved by the Secretary. The
application shall be submitted in such form and manner, and shall
contain such information, as the Secretary may prescribe.
(d) For grants under subsections (a) and (b), there are authorized to
be appropriated $10,000,000 for the fiscal year ending September 30,
1982, $12,500,000 for the fiscal year ending September 30, 1983, and
$15,000,000 for the fiscal year ending September 30, 1984. Not more
than 10 percent and not less than 5 percent of the amount appropriated
under this subsection for any fiscal year shall be obligated for grants
under subsection (b).
Sec. 601. // 42 USC 9511. // (a) The Secretary, acting through the
National Center for the Prevention and Control of Rape (hereafter in
this section referred to as the " Center"), may directly or by grant,
carry out the following:
(1) A continuing study of rape, including a study and
investigation of--,
local
laws dealing with rape;
and
social attitudes toward sexual roles, the act of rape,
and the
formulation of laws dealing with rape;
enforcement
agencies, hospitals or other medical institutions,
prosecutors,
and the courts;
possible--,
the
reasons for any difference between the two; and
State
government educational, counseling, and other programs
designed to prevent and control rape.
(2) The compilation, analysis, and publication of summaries of
the continuing study conducted under paragraph (1) and the
research and demonstration projects conducted under paragraph (5).
The Secretary shall submit not later than March 30, 1983, to the
Congress a summary of such study and projects together with a
review of their effectiveness and recommendations where
appropriate.
(3) The development and maintenance of an information
clearinghouse with regard to--,
and
their families; and
(4) The compilation and publication of training materials for
personnel who are engaged or intend to engage in programs designed
to prevent and control rape.
(5) Assistance to community mental health centers and other
qualified public and nonprofit private entities in conducting
research and demonstration projects concerning the prevention and
control of rape, including projects (A) for the planning,
development, implementation, and evaluation of alternative methods
used in the prevention and control of rape, the treatment and
counseling of the victims of rape and their families, and the
rehabilitation of offenders; (B) for the application of such
alternative methods; and (C) for the promotion of community
awareness of the specific locations in which, and the specific
social and other conditions under which sexual attacks are most
likely to occur.
(6) Assistance to community mental health centers in meeting
the costs of providing consultation and education services
respecting rape.
(b) The Secretary shall appoint an advisory committee to advise,
consult with, and make recommendations to the Secretary on the
implementation of subsection (a). The recommendations of the committee
shall be submitted directly to the Secretary without review or revision
by any person without the consent of the committee. The Secretary shall
appoint to such committee persons who are particularly qualified to
assist in carrying out the functions of the committee. A majority of the
members of the committee shall be women. Members of the advisory
committee shall receive compensation at rates, not to exceed the daily
equivalent of the annual rate in effect for grade GS-18 of the General
Schedule, // 45 FR 69201. // for each day (including traveltime) they
are engaged in the performance of their duties as members of the
advisory committee and, while so serving away from their homes or
regular places of business, each member shall be allowed travel
expenses, including per diem in lieu of subsistence, in the same manner
as authorized by section 5703 of title 5, United States Code, for
persons in Government service employed intermittently.
(c) No grant may be made under subsection (a) unless an application
therefor is submitted to and approved by the Secretary. The application
shall be submitted in such form and manner and contain such information
as the Secretary may prescribe.
(d) For the purpose of carrying out subsection (a), there are
authorized to be appropriated $6,000,000 for the fiscal year ending
September 30, 1981, $1,500,000 for the fiscal year ending September 30,
1982, $1,500,000 for the fiscal year ending September 30, 1983.
(e) For purposes of subsection (a), the term "rape" includes
statutory and attempted rape and any other criminal sexual assault
(whether homosexual or heterosexual) which involves force or the threat
of force.
(f) Part D of the Community Mental Health Centers Act // 42 USC
2689q. // is repealed.
Sec. 602. // 42 USC 9512. // The Secretary may make grants to any
public or nonprofit private entity to assist in meeting the cost of--,
(1) providing counseling and followup counseling for rape
victims and the immediate family of rape victims;
(2) providing assistance in securing mental health, social,
medical, and legal services for rape victims; and
(3) demonstration projects to develop and implement methods of
preventing rape and assisting rape victims.
(b)(1) No grant may be made under subsection (a) unless an
application therefor is submitted to and approved by the Secretary. The
application shall be submitted in such form and manner and contain such
assurances as the Secretary may require that the applicant will comply
with the requirements of subsection (e) and such other information as
the Secretary may prescribe.
(2) The amount of any grant under this section shall be determined by
the Secretary, except that the amount may not exceed 90 per centum of
the cost of the project (as determined by the Secretary) with respect to
which the grant is made.
(c)(1) In carrying out this section, the Secretary shall coordinate
with other activities related to rape carried out by the Secretary and
the heads of other Federal departments and agencies.
(2) The Secretary shall establish a grant review panel to make
recommendations to the Secretary with respect to the approval of
applications for grants under subsection (a). The Secretary shall
appoint individuals to the panel who ar or have been engaged in the
provision of services to rape victims.
(d)(1) There are authorized to be appropriated for grants under
subsection (a) $6,000,000 for the fiscal year ending September 30, 1981,
$9,000,000 for the fiscal year ending September 30, 1982, $12,000,000
for the fiscal year ending September 30, 1983, and $12,000,000 for the
fiscal year ending September 30, 1984.
(2) The Secretary may in a fiscal year obligate not more than 7.5
percent of the funds appropriated for that fiscal year under paragraph
(1) to provide, upon request, technical assistance in the development
and submission of applications for a grant under subsection (a). Such
assistance shall be provided only to those entities which the Secretary
determines do not possess the resources or expertise necessary to
develop and submit such an application.
(e) No officer or employee of the Federal Government or of any
recipient of a grant under subsection (a) may use or disclose any
personally identifiable information obtained, in carrying out an
activity assisted by such grant, by the recipient (or an officer or
employee of the recipient) from a rape victim or a rape victim's
immediate family unless such use or disclosure is necessary to carry out
the activity or is made with the consent of the person who supplied the
information. Such information shall be immune from legal process and
may not, without the consent of the person furnishing the information,
be admitted as evidence or otherwise used in civil or criminal action or
other judicial or administrative proceeding.
CENTERS ACT
Sec. 701. (a) Subsection (d) of section 202 of the Community Mental
Health Centers Act (42 U.S.C. 2689a(d)) (relating to grants for
planning) is amended by striking out "for the fiscal year ending
September 30, 1980" and inserting in lieu thereof "each for the fiscal
year ending September 30, 1980, and the next fiscal year".
(b) Subsection (d) of section 203 of such Act (relating to grants for
initial operation) is amended--,
(1) in paragraph (1), by (A) striking out "and" after "1979,",
and (B) inserting before the period a comma and the following:
"and $37,000,000 for the fiscal year ending September 30, 1981";
and
(2) effective October 1, 1981, by striking out "(1)" and
paragraph (2).
(c) Subsection (c) of section 204 of such Act (42 U.S.C. 2689c(c))
(relating to grants for consultation and education services) is amended
(1) by striking out "and" after "1979,", and (2) by inserting before the
period a comma and the following: "and $15,000,000 for the fiscal year
ending September 30, 1981".
(d)(1) Section 213 of such Act (42 U.S.C. 2689h) (relating to
financial distress grants) is amended (1) by striking out "and" after
"1978,", and (B) by inserting after "1979," the following: "and
$20,000,000 for the fiscal year ending September 30, 1981,".
(2) Section 212(c) of such Act (42 U.S.C. 2689g(c)) of such Act is
amended by striking out "five" and inserting in lieu thereof "six".
(e) Section 206(e)(2)(B) of such Act (42 U.S.C. 2689e(e)(2)(B)) is
amended by striking out "the fiscal year ending September 30, 1979, and
during the fiscal year ending September 30, 1980" and inserting in lieu
thereof "the fiscal year ending September 30, 1979, September 30, 1980,
and September 30, 1981".
Sec. 801. // 42 USC 9521. // (a)(1) Each State mental health
authority shall have in effect equitable arrangements to protect the
interests of employees affected adversely by actionss taken by the State
mental health authority to emphasize outpatient mental health services.
Such arrangements shall include arrangements designed to preserve
employee rights and benefits and to provide training and retraining of
employees, where necessary, for work in mental health or other fields
and arrangements under which maximum effort will be made to place
employees in employment. The arrangements required by this paragraph
shall be established by a State mental health authority in accordance
with regulations issued by the Secretary with the concurrence of the
Secretary of Labor.
(2) The Secretary shall issue the regulations referred to in
paragraph (1) not later than six months after the date of the enactment
of this Act.
(b) Whenever the Secretary, after reasonable notice and opportunity
for a hearing to the State mental health authority involved, finds
(after consultation with the Secretary of Labor) that there is a failure
to comply substantially with the requirements of subsection (a), the
Secretary may, until the Secretary is satisfied that there will no
longer be any such failure, discontinue payments to the State mental
health authority under sections 107 and 305.
(c) Not later than March 1, 1983, and March 1, 1984, the Secretary of
Health and Human Services shall submit to the Committee on Labor and
Human Resources of the Senate and the Committee on Interstate and
Foreign Commerce of the House of Representatives a report on actions
taken under subsection (a). The report shall include the comments of
the Secretary of Labor on such actions and shall include--,
(1) a statement of the number, by State, of public inpatient
mental health facilities which have been closed or partially
closed since the date of the enactment of this Act,
(2) a statement of the number, by State, of public employees
who were adversely affected by such closings,
(3) a summary, by State, of the arrangements made under
subsection (a) for such employees and the cost of carrying out
such arrangements,
(4) a description of agency procedures, resources, and
personnel used to implement subsections (a) and (b), and
(5) a description of the training and retraining projects
funded under section 207.
CHRONICALLY
MENTALLY ILL INDIVIDUALS
Sec. 802. // 42 USC 9522. // (a) The Secretary of Health and Human
Services and the Secretary of Housing and Urban Development shall
jointly submit a report to the Committees on Labor and Human Resources
and Banking, Housing, and Urban Affairs of the Senate, and the
Committees on Interstate and Foreign Commerce and Banking, Finance, and
Urban Affairs of the House of Representatives, relating to Federal
efforts to respond to the shelter and basic living needs of chronically
mentally ill individuals.
(b) The report required by subsection (a) shall include--,
(1) an analysis of the extent to which chronically mentally ill
individuals remain inappropriately housed in institutional
facilities or have otherwise inadequate or inappropriate housing
arrangements;
(2) an analysis of available permanent noninstitutional housing
arrangements for the chronically mentally ill;
(3) an evaluatin of ongoing permanent and demonstration
programs, funded in whole or in part by Federal funds, which are
designed to provide noninstitutional shelter and basic living
services for the chronically mentally ill, including--,
eligible
to participate in each program, the number of
individuals
served by each program, and an estimate of the total
population each program expects to serve; and
(4) recommendations of measures to encourage States to
coordinate and link the provisions in State health plans which
relate to mental health and, in particular, the shelter and basic
living needs of chronically mentally ill individuals, with local
and State housing plans;
(5) recommendations for Federal legislation relating to the
provision of permanent residential noninstitutional housing
arrangements and basic living services for chronically mentally
ill individuals, including an estimate of the cost of such
recommendations; and
(6) any other recommendations for Federal initiatives which, in
the judgment of the Secretary of Health and Human Services and the
Secretary of Housing and Urban Development, will lead to improved
shelter and basic living services for chronically mentally ill
individuals.
(c) The report required by subsection (a) shall be submitted to the
committees referred to in subsection (a) no later than January 1, 1981.
Sec. 803. (a) Section 303 of the Public Health Service Act // 42 USC
242a. // is amended by adding at the end thereof the following new
subsection:
"(d)(1) Any individual who has recived a clinical traineeship, in
psychology, psychiatry, nursing, or social work, under subsection (a)(
1) that was not of a limited duration or experimental nature (as
determined by the Secretary) is obligated to serve, in service
determined by the Secretary to be appropriate in the light of the
individual's training and experience, at the rate of one year for each
year (or academic year, whichever the Secretary determines to be
appropriate) of the traineeship.
"(2) The service required under paragraph (1) shall be performed--,
"(A) for a public inpatient mental institution providing
inpatient care or any entity receiving a grant under the Mental
Health Systems Act,
"(B) in a health manpower shortage area (as determined under
subpart II of part D of this title),
// 42 USC 254d. //
or
"(C) in any other area or for any other entity designated by
the Secretary,
and shall begin within such period after the termination of the
traineeship as the Secretary may determine. In developing criteria for
determining for which institutions or entities or in which areas,
referred to in the preceding sentence, individuals must perform service
under paragraph (1), the Secretary shall give preference to
institutions, entities, or areas which in his judgment have the greatest
need for personnel to perform that service. The Secretary may permit
service for or in other institutions, entities, or areas if the
Secretary determines that the request for such service is supported by
good cause.
"(3) Any individual who fails to perform the service required under
this subsection within the period prescribed by the Secretary is
obligated to repay to the United States an amount equal to three times
the cost of the traineeship (including stipends and allowances) plus
interest at the maximum legal rate at the time of payment of the
traineeship, multiplied, in any case in which the service so required
has been performed in part, by the percentage which the length of the
service not so performed is of the length of the service so required to
be performed.
"(4)(A) In the case of anyindividual any part of whose obligation to
perform service under this subsection exists at the same time as any
part of the individual's obligation to perform service under section 752
or 753 // 42 USC 294u, 294v. // (because of receipt of a scholarship
under subpart IV of part C of title VII) or the individual's obligation
to perform service under section 472 // 42 USC 294t. // (because of
receipt of a National Research Service Award), or both, the same service
may not be used to any extent to meet more than one of those
obligations.
"(B) In any case to which subparagraph (A) is applicable and in which
one of the obligations is to perform service under section 752 or 753,
// 42 USC 294u, 294v. // the obligation to perform service under that
section must be met (by performance of the required service or payment
of damages) before the obligation to perform service under this
subsection or under section 472. // 42 USC 289l-1 //
"(C) In any case to which subparagraph (A) is applicable, if any part
of the obligation to perform service under section 472 exists at the
same time as any part of the obligation to perform service under this
subsection, the manner and time of meeting each obligation shall be
prescribed by the Secretary.
"(5) In disseminating application forms to individuals desiring
traineeships, the Secretary shall include with such forms a fair summary
of the liabilities under this subsection of an individual who receives a
traineeship.".
(b) The amendment made by subsection (a) // 42 USC 242a // applies in
the case of any academic year (of any traineeship awarded under section
303(a)(1) of the Public Health Service Act) // 42 USC 242a. //
beginning after the date of the enactment of this Act if the award for
such academic year is made after such date.
Sec. 804. (a) The Second Sentence of section 455(a) of the Public
Health Service Act (42 U.S.C. 289k-1(a)) (relating to the National
Institute of Mental Health) is amended--,
(1) by striking out "and" after "sections 301 and 303 of this
Act" and inserting in lieu thereof a comma; and
(2) by inserting ", and the Mental Health Systems Act" after "
Mental Retardation Facilities and Community Mental Health Centers
Construction Act of 1963
// 42 USC 2661 //
(other than part C of title II)".
(b) Section 507 of the Public Health Service Act (42 U.S.C. 225a)
(relating to grants to Federal institutions) is amended--,
(1) by striking out "and" after "drug dependence,"; and
(2) by inserting ," and appropriations under title VI of the
Mental Health Systems Act" before "shall also be available".
(c) Section 513 of the Public Health Service Act (42 U.S.C. 22.b)
(relating to evaluation of programs) is amended by inserting "the Mental
Health Systems Act," after " Community Mental Health Centers Act,". //
42 USC 2681 //
(d) Section 1513(e)(1)(A)(i) of the Public Health Service Act (42 U.
S.C. 3001 - 2(e)(1)(A)) // ji USC 300l-2. // (relating to functions of
health systems agencies) is amended by inserting "the Mental Health
Systems Act," after " Community Mental Health Centers Act,".
AND DENTISTS
Sec. 805. Section 208(a) of the Public Health Service Act (42 U.S.
C. 210(a)) is amended (1) by inserting "(1)" after "(a)", and (2) by
adding at the end the following:
"(2) Commissioned medical and dental officers in the Regular and
Reserve Corps shall while on active duty be paid special pay in the same
amounts as, and under the same terms and conditions which apply to, the
special pay now or hereafter paid to commissioned medical and dental
officers of the Armed Forces under chapter 5 of title 37, United States
Code.". // 37 USC 301. //
Sec. 806. // 42 USC 9523. // The authority of the Secretary to enter
into contracts under this Act shall be effective for any fiscal year
only to such extent or in such amounts as are provided in advance by
appropriation Acts.
RETRIEVAL
SYSTEMS
Sec. 901. Section 1903 of the Socail Security Act // 42 USC 1396b.
// is amended by adding at the end thereof the following new subsection:
"(r)(1)(A) In order to receive payments under paragraphs (2) and (7)
of subsection (a) without being subject to per centum reductions set
forth in subparagraph (C) of this paragraph, a State must provide that
mechanized claims processing and information retrieval systems of the
type described in subsection (a)(3)(B) and detailed in an advance
planning document approved by the Secretary are operational on or before
the deadline established under subparagraph (B).
"(B) The deadline for operation of such systems for a State is the
earlier of (i) September 30, 1982, or (ii) the last day of the sixth
month following the date specified for operation of such systems in the
State's most recently approved advance planning document submitted befor
the date of the enactment of this subsection.
"(C) If a State fails to meet the deadline established under
subparagraph (B), the per centums specified in paragraphs (2) and (7) of
subsection (a) with respect to that State shall each be reduced by 5
percentage points for the first two quarters beginning on or after such
deadline, and shall be further reduced by an additional 5 percentage
points after each period consisting of two quarters during which the
Secretary determines that State fails to meet the requirements of
subparagraph (A); except that--,
"(i) neither such per centum may be reduced by more than 25
percentage points by reason of this paragraph; and
"(ii) no reduction shall be made under this paragraph for any
quarter following the quarter during which such State meets the
requirements of subparagraph (A).
"(2)(A) In order to receive payments under paragraphs (2) and (7) of
subsection (a) without being subject to the per centum reductions set
forth in subparagraph (C) of this paragraph, a State must have its
mechanized claims processing and information retrieval systems, of the
type required to be operational under paragraph (1), initially approved
by the Secretary in accordance with paragraph (5)(A) on or before the
deadline established under subparagraph (B).
"(B) The deadline for approval of such systems for a State is the
last day of the fourth quarter that begins after the date on which the
Secretary determines that such systems became operational as required
under paragraph (1).
"(C) If a State fails to meet the deadline established under
subparagraph (B), the per centums specified in paragraphs (2) and (7) of
subsection (a) with respect to that State shall each be reduced by 5
percentage points for the first two quarters beginning after such
deadline, and shall be further reduced by an additional 5 percentage
points at the end of each period consisting of two quarters during which
the State fails to meet the requirements of subparagraph (A); except
that--,
"(i) neither such per centum may be reduced by more than 25
percentage points by reason of this paragraph, and
"(ii) no reduction shall be made under this paragraph for any
quarter following the quarter during which such State's systems
are approved by the Secretary as provided in subparagraph (A).
"(D) Any State's systems which are approved by the Secretary for
purposes of subsection (a)(3)(B) on or before the date of the enactment
of this subsection shall be deemed to be initially approved for purposes
of this subsection.
"(3)(A) When a State's systems are initially approved, the 75 per
centum Federal matching provided in subsection (a)(3)(B) shall become
effective with respect to such systems, retroactive to the first quarter
beginning after the date on which such systems became operational as
required under paragraph (1), except as provided in subparagraph (B).
"(B) In the case of any State which was subject to a per centum
reduction under paragraph (2), the per centum specified in subsection
(a)(3)(B) shall be reduced by 5 percentage points for the first two
quarters,beginning after the deadline established under paragraph (2)(
B), and shall be further reduced by an additional 5 percentage points at
the end of each period consisting of two quarters beginning after such
deadline and before the date on which such systems are initially
approved, except that no reduction shall be made under this paragraph
for any quarter following the quarter during which the State's systems
are initially approved by the Secretary.
"(4)(A) The Secretary shall review all approved systems not less
often than once each fiscal year, and shall reapprove or disapprove any
such systems. Systems which fail to meet the current performance
standards, system requirements, and any other conditions for approval
developed by the Secretary under paragraph (6) shall be disapproved.
Any State having systems which are so disapproved shall be subject to a
per centum reduction under subparagraph (B). The Secretary shall make
the determination of reapproval or disapproval and so notify the States
not later than the end of the first quarter following the review period.
"(B) If the Secretary disapproves a State's systems under
subparagraph (A), the Secretary shall, with respect to such State for
quarters beginning after the determination of disapproval and before the
first quarter beginning after such systems are reapproved, reduce the
per centum specified in subsection (a)(3)(B) to a per centum of not less
than 50 per centum and not more than 70 per centum as the Secretary
determines to be appropriate and commensurate with the nature of
noncompliance by such State; except that such per centum may not be
reduced by more than 10 percentage points in any 4-quarter period by
reason of this subparagraph. No State shall be subject to a per centum
reduction under this paragraph (i) before the fifth quarter beginning
after such State's systems were initially approved, or (ii) on the basis
of a review conducted before October 1, 1981.
"(C) The Secretary may retroactively waive a per centum reduction
imposed under subparagraph (B), if the Secretary determines that the
State's systems meet all current performance standards and other
requirements for reapproval and that such action would improve the
administration of the State's plan under this title, except that no such
waiver may extend beyond the four quarters immediately prior to the
quarter in which the State's systems are reapproved.
"(5)(A) In order to be initially approved by the Secretary,
mechanized claims processing and information retrieval systems must be
of the type described in subsection (a)(3)(B) and must meet the
following requirements:
"(i) The systems must be capable of developing provider,
physician, and patient profiles which are sufficient to provide
specific information as to the use of covered types of services
and items, including prescribed drugs.
"(ii) The State must provide that information on probable fraud
or abuse which is obtained from, or developed by, the systems, is
made available to the State's medicaid fraud control unit (if any)
certified under subsection (q) of this section.
"(iii) The systems must meet all performance standards and
other requirements for initial approval developed by the Secretary
under paragraph (6).
"(B) In order to be reapproved by the Secretary, mechanized claims
processing and information retrieval systems must meet the requirements
of subparagraphs (A)(i) and (A)(ii) and performance standards and other
requirements for reapproval developed by the Secretary under paragraph
(6).
"(6) The Secretary, with respect to State systems, shall--,
"(A) develop performance standards, system requirements, and
other conditions for approval for use in initially approving such
State systems, and shall further develop written approval
procedures for conducting reviews for initial approval, including
specific criteria for assessing systems in operation to insure
that all such performance standards and other requirements are
met;
"(B) by not later than October 1, 1980, develop an initial set
of performance standards, system requirements, and other
conditions for reapproval for use in reapproving or disapproving
State systems, and shall further develop written reapproval
procedures for conducting reviews for reapproval, including
specific criteria for reassessing systems operations over a period
of at least six months during each fiscal year to insure that all
such performance standards and other requirements are met on a
continuous basis;
"(C) provide that reviews for reapproval, conducted before
October 1, 1981, shall be for the purpose of developing a systems
performance data base and assisting States to improve their
systems, and that no per centum reduction shall be made under
paragraph (4) on the basis of such a review;
"(D) insure that review procedures, performace standards, and
other requirements developed under subparagraph (B) are
sufficiently flexible to allow for differing administrative needs
among the States, and that such procedures, standards, and
requirements are of a nature which will permit their use by the
States for self-evaluation;
"(E) notify all States of proposed procedures, standards, and
other requirements at least one quarter prior to the fiscal year
in which such procedures, standards, and other requirements will
be used for conducting reviews for reapproval;
"(F) periodically update the systems performance standards,
system requirements, review criteria, objectives, regulations and
guides as the Secretary shall from time to time deem appropriate;
"(G) provide technical assistance to States in the development
and improvement of the systems so as to continually improve the
capacity of such systems to effectively detect cases of fraud or
abuse;
"(H) for the purpose of insuring compatibility between the
State systems and the systems utilized in the administration of
title XVIII--,
// 42 USC 1395. //
the
extent feasible) for providers, other persons receiving
payments
under the State plans (approved under this title) or
under title XVIII, and beneficiaries of medical
services
under such plans or title;
intermediaries
having agreements under title XVIII to facilitate
timely exchange of appropriate data; and
and
the Secretary with respect to providers and other
persons
who have been terminated, suspended, or otherwise
sanctioned
under a State plan (approved under this title) or
under title XVIII;
"(I) develop and disseminate clear definitions of those types
of reasonable costs relating to State systems which are
reimbursable under the provisions of subsection (a)(3) of this
section; and
"(J) report on or before October 1, 1981, to the Congress on
the extent to which States have developed and operated effective
mechanized claims processing and information retrieval systems.
"(7)(A) The Secretary shall waive the provisions of this subsection
with respect to initial operation and approval of mechanized claims
processing and information retrieval systems with respect to any State
which--,
"(i) had a 1976 population (as reported by the Bureau of the
Census) of less than 1,000,000 and which made total expenditures
(including Federal reimbursement) for which Federal financial
participation is authorized under this title of less than
$1000,000,000 in fiscal year 1976 (as reported by such State for
such year), or
"(ii) is a Commonwealth, or territory or possession, of the
United States,
if such State reasonably demonstrates, and the Secretary does not
formally disagree, that the application of such provisions would not
significantly improve the efficiency of the administration of such
State's plan under this title.
"(B) If the Secretary determines that the application of the
provisions described in subparagraph (A) to a State would significantly
improve the efficiency of the administration of the State's plan under
this title, the Secretary may withdraw the State's waiver under
subparagraph (A) and, in such case, the Secretary shall impose a
timetable for such State with respect to compliance with the provisions
of this subsection and the imposition of per centum reductions. Such
timetable shall be comparable to the timetable established under this
subsection as to the amount of time allowed such State to comply and the
timing of per centum reductions.
"(8)(A) The per centum reductions provided for under this subsection
shall not apply to a State for any quarter with respect to which the
Secretary determines that such State is unable to comply with the
relevant requirements of this subsection--,
"(i) for good cause (but such a waiver may not be for a period
in excess of 2 quarters), or
"(ii) due to circumstances beyond the control of such State.
"(B) If the Secretary determines under subparagraph (A) that such a
reduction will not apply to a State, the Secretary shall report to the
Congress on the basis for each such determination and on the
modification of all time limitations and deadlines as described in
subparagraph (C).
"(C) For purposes of determining all time limitations and deadlines
imposed under this subsection, any time period during which a State was
found under subparagraph (A)(ii) to be unable to comply with
requirements of this subsection due to circumstances beyond its control
shall not be taken into account, and the Secretary shall modify all such
time limitations and deadlines with respect to such State accordingly.".
Approved October 7, 1980.
LEGISLATIVE HISTORY:
HOUSE REPORTS: No. 96 - 977 accompanying H.R. 7299 (Comm. on
Interstate and Foreign Commerce) and No. 96 - 1367 (Comm. of
Conference).
SENATE REPORTS: No. 96 - 712 (Comm. on Labor and Human Resources)
and No. 96 - 980 (Comm. of Conference). CONGRESSIONAL RECORD, Vol. 126
(1980):
July 24, considered and passed Senate.
Aug. 22, H.R. 7299 considered and passed House; passage
vacated and S. 1177, amended, passed in lieu.
Sept. 24, Senate agreed to conference report.
Sept. 30, House agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 16, No. 41:
Oct. 7, Presidential statement.
PUBLIC LAW 96-397, 94 STAT, 1563
Department of Justice
Appropriation Authorization Act, Fiscal Year 1980,
for a certain period.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the authority, and
any limitation on authority, contained in the Department of Justice
Appropriation Authorization Act, Fiscal Year 1980, shall continue in
effect with respect to activities of the Department of Justice
(including any bureau, office, board, division, commission, or
subdivision thereof) until the effective date of a general authorization
Act // 93 Stat. 1040. // or the end of the one hundred and eightieth
day after the date of the enactment of this Act, whichever is earlier.
Approved October 7, 1980.
LEGISLATIVE HISTORY:
CONGRESSIONAL RECORD, Vol. 126 (1980):
Sept. 25, considered and passed House.
Sept. 30, considered and passed Senate.
PUBLIC LAW 96-396, 94 STAT, 1562
Firemen's Salary Act of 1958 to
provide for the same adjustments in the basic
compensation of officers and
members of the United States Secret Service
Uniformed Division as are give to
Federal employees under the General Schedule.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That (a) the purpose of
this Act is to insure that officers and members of the United States
Secret Service Uniformed Division are entitled to adjustments in basic
compensation in the same overall percentage as are other Federal
employees within the General Schedule under the Federal pay
comparability system.
(b) Section 501 of the District of Columbia Police and Firemen's
Salary Act of 1958 (D.C. Code, sec. 4 - 833) is amended--,
(1) by striking out " Executive Protective Service" in
subsection (a) and inserting in lieu thereof " United States
Secret Service Uniformed Division";
(2) by inserting ", and the annual rate of basic compensation
of officers and members of the United States Secret Service
Uniformed Division may be adjusted by the Secretary of the
Treasury," in subsection (b)(1) after " Secretary of the
Interior"; and
(3) by inserting "or to officers and members of the United
States Secret Service Uniformed Division" in subsection (c) after
" United States Park Police force".
(c) The amendments made by subsection (b) shall take effect on
October 1, 1980.
Approved October 7, 1980.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 96 - 1323 (Comm. on the District of Columbia).
CONGRESSIONAL RECORD, Vol. 126 (1980):
Sept. 25, considered and passed House.
Sept. 26, considered and passed Senate.
PUBLIC LAW 96-395, 94 STAT, 1561
United States Post Office
Federal Building in Waterbury, Connecticut, as the
" John S. Monagan Federal
Building".
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the building at 135
Grand Street, Waterbury, Connecticut (commonly known as the Federal
Building), shall hereafter be known, called, and designated as the "
John S. Monagan Federal Building". Any reference in any law, map,
regulation, document, record, or other paper of the United States to
such building shall be deemed to be a reference to the " John S.
Monagan Federal Building".
Approved October 7, 1980.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 96 - 1174 (Comm. on Public works and Transporation).
CONGRESSIONAL RECORD, Vol. 126 (1980):
Aug. 18, considered and passed House.
Sept. 26, considered and passed Senate.
PUBLIC LAW 96-394, 94 STAT, 1560
and United States Courthouse
in Amarillo, Texas, as the " J. Marvin Jones
Federal Building".
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the building known
as the Federal Building and United States Courthouse in Amarillo, Texas,
shall hereafter be known, called, and designated as the " J. Marvin
Jones Federal Building". Any reference in any law, map, regulation,
document, record, or other paper of the United States to such building
shall be deemed to be a reference to the " J. Marvin Jones Federal
Building".
Approved October 7, 1980.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 96 - 1173 (Comm. on Public Works and
Transportation).
CONGRESSIONAL RECORD, Vol. 126 (1980):
Aug. 18, considered and passed House.
Sept. 26, considered and passed Senate.
PUBLIC LAW 96-393, 94 STAT, 1559
Indiana, the Minton-Capehart
Federal Building.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the Federal
building located at 575 North Pennsylvania Street, Indianapolis,
Indiana, shall hereinafter be known as, and is hereby designated as, the
" Minton-Capehart Federal Building". Any references in any law,
regulation, document, record, map, or other paper of the United States
to such a building shall be considered to be a reference to the
Minton-Capehart Federal Building.
Approved October 7, 1980.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 96 - 1170 (Comm. on Public Works and
Transportation).
CONGRESSIONAL RECORD, Vol. 126 (1980):
Aug. 18, considered and passed House.
Sept. 26, considered and passed Senate.
PUBLIC LAW 96-392, 94 STAT, 1558
Twohig, San Angelo, Texas, as
the " O. C. Fisher Federal Building".
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the Federal
Building located at 33 West Twohig, San Angelo, Texas, shall hereinafter
be called and designated as the " O. C. Fisher Federal Building". Any
reference in law, map, regulation, document, record, or other paper of
United States to such building shall be held to be a reference to the O.
C. Fisher Federal Building.
Approved October 7, 1980.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 96 - 1169 (Comm. on Public Works and
Transportation).
CONGRESSIONAL RECORD, Vol. 126 (1980):
Aug. 18, considered and passed House.
Sept. 26, considered and passed Senate.
PUBLIC LAW 96-391, 94 STAT, 1557
Federal employee who elects at
the time of retirement not to provide survivorship
benefits for the employee's
spouse to notify (or take all reasonable steps to
notify) the spouse of that election.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That section 8339(j) of
title 5, United States Code, is amended by inserting "(1)" after "(j)"
and by adding at the end thereof the following:
"(2) Any written notification (or designation) by any employee or
Member under the first sentence of paragraph (1) shall not be considered
valid unless the employee or Member establishes to the satisfaction of
the Office (A) that the spouse has been notified of the loss of or
reduction in survivor benefits or (B) that the employee or Member has
complied with such notification requirements as the Office shall, by
regulation, prescribe.".
Sec. 2. The last sentence of section 12(b) of the Act of September
1, 1916, as amended (D.C. Code, sec. 4 - 522), is amended to read as
follows: " Any member of the United States Secret Service Division
appointed from the Executive Protective Service, or appointed from the
Metropolitan Police force prior to January 1, 1972, and assigned to
duties directly related to the protection of the President shall receive
credit for periods of prior service with the Metropolitan Police force,
the United States Park Police force, or the Executive Protective Service
toward the required ten years or more service.".
Sec. 3. The amendments made by the first section of this Act // 5
USC 8339 // shall take effect with respect to notifications and
designations made under the first sentence of section 8339(j) of title
5, United States Code, on or after the ninetieth day after the date of
the enactment of this Act.
Approved October 7, 1980.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 96 - 850 (Comm. on Post Office and Civil Service).
SENATE REPORT No. 96 - 903 (Comm. on Governmental Affairs).
CONGRESSIONAL RECORD, Vol. 126 (1980):
Mar. 31, Apr. 1, considered and passed House.
Aug. 27, considered and passed Senate, amended.
Sept. 25, House concurred in Senate amendments.
PUBLIC LAW 96-390, 94 STAT, 1556
the Bob Casey Federal
Building-U.S. Courthouse.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the Federal
building located at 515 Rusk Avenue, in Houston, Texas, shall
hereinafter be known as, and is hereby designated as, the " Bob Casey
Federal Building-U.S. Courthouse". Any reference in any law,
regulation, document, record, map, or other paper of the United States
to such a building shall be considered to be a reference to the Bob
Casey Federal Building-U.S. Courthouse.
Approved October 7, 1980.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 96 - 433 (Comm. on Public Works and Transportation).
CONGRESSIONAL RECORD:
Vol. 125 (1979): Oct. 15, considered and passed House.
Vol. 126 (1980): Sept. 26, considered and passed Senate.
PUBLIC LAW 96-389, 94 STAT, 1551
authorize consent to an increase in
the United States quota in the International
Monetary Fund, 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. The Bretton Woods Agreements Act (22 U.S.C. 286 et seq.)
is amended by adding at the end thereof the following new section:
" Sec. 32. // 22 USC 286e-1g. // The United States Governor of the
Fund is authorized to consent to an increase in the quota of the United
States in the Fund equivalent to 4,202.5 million Special Drawing Rights,
to such extent or in such amounts as are provided in appropriation
Acts.".
Sec. 2. (a) The Bretton Woods Agreements Act is further amended by
adding at the end thereof the following new section:
" Sec. 33. // 22 USC 286s. // (a) The President shall instruct the
Secretary of the Treasury, the Secretary of State, and other appropriate
Federal officials to use all appropriate means to encourage countries,
in formulating economic adjustment programs to deal with their balance
of payments difficulties, to design those programs so as to safeguard,
to the maximum feasible extent, jobs, investment, real per capita
income, policies to reduce the gap in wealth between rich and poor, and
social programs such as health, housing, and education.
"(b) To ensure the effectiveness of economic adjustment programs
supported by Fund resources and the reinforcement of those programs by
longer term efforts to promote sustained growth and improved living
conditions--,
"(1) United States representatives to the Fund shall recommend
and shall work for changes in Fund guidelines, policies, and
decisions that would--,
implement
their economic adjustment programs successfully;
such
program will have on jobs, investment, real per capita
income, the gap in wealth between the rich and poor, and
social programs such as health, housing, and education,
in
order to seek to minimize the adverse impact of those
adjustment programs on basic human needs; and
Fund in
support of an economic adjustment program reflect that
the
member country has taken into account the effect such
program will have on the factors listed in subparagraph
(B);
"(2)(A) before voting on the approval of any standby
arrangement with respect to any economic adjustment program, the
United States Executive Director shall review--,
such
review, an analysis which shall be prepared by the
United
States Governor of the Fund which examines the
effect of
the program on the factors listed in subparagraph (B)
of
paragraph (1); and
"(B) the United States Executive Director of the Fund shall
take into account the analysis reviewed pursuant to subparagraph
(A) of this paragraph in voting on approval of that standby
arrangement;
"(3) United States representatives to the Fund, to the Bank,
and to other appropriate institutions shall work toward improving
coordination among these institutions and, in particular, shall
work toward formulation of programs in association with economic
adjustment programs supported by Fund resources which (A) will,
among other things, promote employment, investment, real income
per capita, improvements in income distribution, and the
objectives of social programs such as health, housing, and
education, and (B) will, to the maximum extent feasible and
consistent with the borrowing country's need to improve its
balance of payments position within a reasonable period,
ameliorate any adverse effects of economic adjustment programs on
the poor;
"(4) United States representatives to the Fund and the Bank
shall seek amendments to decisions on policies on the use of Fund
and Bank resources to provide that, where countries are seeking
Extended Fund Facility or upper credit tranche drawings from the
Fund and are eligible to receive financing from the Bank, the Fund
and Bank will coordinate their financing activities in order--,
adjustment
programs on the areas listed in clause (A) of paragraph
(3),
"(B) to provide, to the extent feasible, Bank
project loans
designed to safeguard and further basic human needs in
countries adopting economic adjustment programs
supported
by Fund resources, and
programs
of structural adjustment that will facilitate
development
of a productive economic base and greater attainment
of basic human needs objectives over the longer term;
and
"(5) United States representatives to the Fund and the Bank
shall request the Fund and the Bank to provide periodic analyses
of the effects of economic adjustment programs supported by Fund
or Bank financing on jobs, investment, real income per capita,
income distribution, and social programs such as health, housing,
and education.
"(c) The National Advisory Council on International Monetary and
Financial Policies shall include in each of its annual reports to the
Congress a statement detailing the actions and progress made in carrying
out the requirements of subsections (a) and (b) of this section.".
(b) Section 30 of the Bretton Woods Agreements Act (22 U.S.C.
286e-9) is amended--,
(1) in subsection (a) by striking out "entered into pursuant to
loans from the Supplementary Financing Facility";
(2) in the first sentence of subsection (b) by striking out
"entered into pursuant to loans from the Supplementary Financing
Facility"; and
(3) in the second sentence of subsection (b) by striking out
"by the Supplementary Financing Facility".
Sec. 3. Strike 7 of Public Law 95 - 435, the Bretton Woods
Agreements Act Amendments of 1978, // 31 USC 27. // which reads: "
Beginning with Fiscal Year 1981, the total budget outlays of the Federal
Government shall not exceed its receipts.", and insert in lieu thereof:
" The Congress reaffirms its commitment that beginning with Fiscal Year
1981, the total budget outlays of the Federal Government shall not
exceed its receipts.".
Sec. 4. // 22 USC 286t // (a) It is the sense of the Congress that
(1) the interests of the United States and those of other member
countries require an effective International Monetary Fund equipped with
resources adequate to facilitate orderly balance-of-payments
adjustments; (2) persistent balance-of-payments surpluses in oil
exporting countries have placed, and will continue to place, severe
strains on the resources of oil importing countries and on the liquidity
of the Fund; (3) these strains can only be relieved if the oil
exporting countries assume a greater burden for financing
balance-of-payments deficits through direct methods of recycling their
surpluses and through proportionally greater contributions to the Fund
and to the international lending institutions; and (4) the Fund must
explore innovative proposals to encourage more direct recycling of oil
surpluses and to increase its own liquidity.
(b) The Bretton Woods Agreements Act is further amended by adding at
the end thereof the following new sections:
" Sec. 34. // 22 USC 286t. // The Secretary of the Treasury, in
consultation with the United States Executive Director of the Fund,
shall study and, following consultations with member countries, shall
report to the Congress prior to May 15, 1981, with respect to--,
"(1) the current adequacy of Fund resources, together with
projected needs of the Fund over the next five years;
"(2) the feasibility of increasing Fund liquidity by
encouraging the Fund to borrow directly from the governments of
oil exporting countries;
"(3) the feasibility of increasing Fund liquidity by
encouraging the Fund to borrow in private capital markets through
the issuance of securities backed by Fund resources;
"(4) the feasibility of an offer by the Fund of incentives to
oil exporting countries, including financial guarantees by the
Fund for government-to-government loans to countries with
balance-of-payments deficits, in order to promote more direct
recycling of oil surpluses; and
"(5) methods to enhance cooperation between commercial banks
and the Fund to promote the availability of adequate resources for
balance-of-payments financing.
" Sec. 35. It is the sense of the Congress that the Secretary of the
Treasury and the United States Executive Director of the Fund shall
encourage member countries of the Fund to negotiate a dollar-Special
Drawing Rights substitution account in which equitable burden sharing
would exist among participants in the account, and shall report to the
Congress prior to May 15, 1981, with respect to progress toward
achieving this goal.".
Sec. 5. // 22 USC 286e-8. // Section 29 of the Bretton Woods
Agreements Act is amended by striking out "on the use of the facility".
Sec. 6. The Bretton Woods Agreements Act is further amended by
adding at the end thereof the following new section:
" Sec. 36. // 22 USC 286v. // It is the sense of the Congress that
it is the policy of the United States that Taiwan (before January 1,
1979, known as the Republic of China) shall be granted appropriate
membership in the Fund and that the United States Executive Director of
the Fund shall so notify the Fund.".
Sec. 7. The Bretton Woods Agreements Act is further amended by
adding at the end thereof the following new section:
" Sec. 37. // 22 USC 286w. // It is the policy of the United States
that the Palestine Liberation Organization should not be given
membership in the Fund or be given observer status or any other official
status at any meeting sponsored by or associated with the Fund. The
United States Executive Director of the Fund shall promptly notify the
Fund of such policy.
" In the event that the Fund provides either membership, observer
status, or any other official status to the Palestine Liberation
Organization, such action would result in a serious diminution of United
States support. Upon review of such action, the President would be
required to report his recommendations to the Congress with regard to
any further United States participation in the Fund.".
AND OTHER
NATIONS
Sec. 8. The Bretton Woods Agreements Act is further amended by
adding at the end thereof the following new section:
" Sec. 38. // 22 USC 286x. // It is the sense of the Congress that
in providing assistance through loans or other means to any nation, in
particular El Salvador and Nicaragua, the Fund and the Bank should
encourage programs which assist the private sector to create an
environment which will stabilize the economy of the nation; and that
the United States representatives to the Fund and the Bank shall promote
the use of assistance by the Fund and the Bank to encourage such
programs.".
Sec. 9. The United States Executive Director to the Fund shall seek
to insure (a) that Fund salaries do not exceed those levels endorsed by
the Fund Bank Joint Committee on Staff Compensation Issues; and (b)
that travel costs are minimized by limiting first class and supersonic
travel to instances where no reasonable alternative exists.
Sec. 10. // 31 USC 822a // (a) The Secretary of the Treasury shall
establish and chair a commission consisting of--,
(1) three members of the Board of Governors of the Federal
Reserve System and two members of the Council of Economic
Advisors, all of whom shall be designated by the Secretary of the
Treasury;
(2) one majority and one minority member each from (A) the
Joint Economic Committee of the Congress, (B) the Committee on
Banking, Housing, and Urban Affairs of the Senate, and (C) the
Committee on Banking, Finance and Urban Affairs of the House of
Representatives, who shall be designated by the Speaker of the
House of Representatives and the President of the Senate,
respectively, upon the recommendations of the majority and
minority leaders of the respective Houses; and
(3) four distinguished private citizens with business, finance,
or academic backgrounds who shall be designated by the Secretary.
(b) The commission shall conduct a study to assess and make
recommendations with regard to the policy of the United States
Government concerning the role of gold in domestic and international
monetary systems, and shall transmit to the Congress a report containing
its findings and recommendations not later than one year after the date
of enactment of this Act.
(c) Sums appropriated pursuant to section 5 of Public Law 95 - 612 //
92 Stat. 3092. // shall be available to the commission to carry out its
functions.
Sec. 11. Section 32 of the Bretton Woods Agreements Act, // 22 USC
286e-1g. // as added by section 1 of this Act, is amended by striking
"to such extent or in such amounts as are provided in appropriations
Acts" and inserting in lieu thereof "limited to such amounts as are
appropriated in advance in appropriation Acts."
Sec. 12. This Act // 22 USC 286s // shall take effect on its date of
enactment, except that funds may not be appropriated under any
authorization contained in this Act for any period prior to October 1,
1980.
Approved October 7, 1980.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 96 - 1018 accompanying H.R. 7244 (Comm. on Banking,
Finance and Urban Affairs).
SENATE REPORTS: No. 96 - 693 (Comm. on Foreign Relations) and No.
96 - 794 (Comm. on Banking, Housing, and Urban Affairs).
CONGRESSIONAL RECORD, Vol. 126 (1980):
June 16, considered and passed Senate.
Sept. 17, 18, H.R. 7244 considered and passed House; passage
vacated and S. 2271, amended, passed in lieu.
Sept. 23, Senate concurred in House amendments.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 16, No. 41:
Oct. 7, Presidential statement.
PUBLIC LAW 96-388, 94 STAT, 1547
Council.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That there is hereby
established the United States Holocaust Memorial Council (hereinafter in
this Act // 36 USC 1401. // referred to as the " Council"). The
Council shall--,
(1) provide for appropriate ways for the Nation to commemorate
the Days of Remembrance, as an annual, national, civic
commemoration of the holocaust, and shall encourage and sponsor
appropriate observances of such Days of Remembrance throughout the
United States;
(2) plan, construct, and oversee the operation of, a permanent
living memorial museum to the victims of the holocaust, in
cooperation with the Secretary of the Interior and other Federal
agencies as provided in section 5; and
(3) develop a plan for carrying out the recommendations of the
President's Commission on the Holocaust in its report to the
President of September 27, 1979, to the extent such
recommendations are not otherwise provided for in this Act.
Sec. 2. (a) The Council shall consist of sixty voting members
appointed (except as otherwise provided in this section) // 36 USC 1402.
// by the President and the following ex officio nonvoting members:
(1) one appointed by the Secretary of the Interior;
(2) one appointed by the Secretary of State, and
(3) one appointed by the Secretary of Education.
Of the sixty voting members, five shall be appointed by the Speaker of
the United States House of Representatives from among members of the
United States House of Representatives and five shall be appointed by
the President pro tempore of the United States Senate upon the
recommendation of the majority and minority leaders from among members
of the United States Senate. Any vacancy in the Council shall be filled
in the same manner as the original appointment was made.
(b) The members of the United States Holocaust Memorial Council, as
in effect immediately before the date of the enactment of this Act, are
hereby designated as the initial members of the Council. Such initial
members (other than the initial members appointed from the United States
Senate or the United States House of Representatives) shall serve terms
as follows:
(1) All initial members shall serve until January 15, 1986.
(2) On January 15, 1986, the terms of ten of such initial
members, as designated in the bylaws of the Council, shall
terminate.
(3) On January 15 of each year thereafter through 1990 the
terms of ten other initial members, as designated in the bylaws of
the Council, shall terminate.
The terms of the initial members appointed from the United States Senate
of the United States House of Representatives shall expire upon the
expiration of the term of Congress in session at the time of the
enactment of this Act.
(c)(1) Except as provided in subsection (b) with respect to the
initial members of the Council and except as otherwise provided in this
subsection, Council members shall serve for five-year terms.
(2) The terms of the five members of the United States House of
Representatives and the five members of the United States Senate
appointed during any term of Congress shall each expire at the end of
such term of Congress.
(3) Any member appointed to fill a vacancy occurring before the
expiration of the term for which his predecessor was appointed shall be
appointed only for the remainder of such term. A member, other than a
Member of Congress appointed by the Speaker of the United States House
of Representatives or the President pro tempore of the United States
Senate, may serve after the expiration of his term until his successor
has taken office.
(d)(1) Except as provided in paragraph (2), the Chairperson and Vice
Chairperson of the Council shall be appointed by the President from
among the members of the Council and such Chairperson and Vice
Chairperson shall each serve for terms of five years. Vacancies in the
offices of Chairperson shall be filled, as they arise, by appointment of
the President.
(2) The Chairperson and Vice Chairperson of the United States
Holocaust Memorial Council, as in effect immediately before the date of
the enactment of this Act, are hereby designated respectively as the
initial Chairperson and Vice Chairperson of the Council. Such initial
Chairperson and Vice Chairperson shall serve until January 15, 1986.
(e) Members whose terms expire may be reappointed, and the
Chairperson and Vice Chairperson may be reappointed to those offices.
Sec. 3. (a) Except as provided in subsection (b), // 36 USC 1403.
// members of the Council are each authorized to be paid the daily
equivalent of the maximum annual rate of basic pay in effect for grade
GS-18 of the General Schedule // 5 USC 5332 // for each day (including
traveltime) during which they are engaged in the actual performance of
duties of the Council. While away from their homes or regular places of
business in the performance of services for the Council, members of the
Council shall be allowed travel expenses, including per diem in lieu of
subsistence, in the same manner as persons employed intermittently in
Government service are allowed expenses under section 5703 of title 5 of
the United States Code.
(b) Members of the Council who are full-time officers or employees of
the United States or Members of the Congress shall receive no additional
pay by reason of their service on the Council.
Sec. 4. (a) The Council shall adopt bylaws to carry out its
functions under this Act. // 36 USC 1404. // One-third of the members
of the Council shall constitute a quorum, and any vacancy in the Council
shall not affect its powers to function.
(b) The Council may obtain the services of experts and consultants in
accordance with the provisions of section 3109 of title 5, United States
Code, at rates not to exceed the daily equivalent of the maximum annual
rate of basic pay in effect for grade GS-18 of the General Schedule. //
5 USC 5332 //
(c) The Council may, in accordance with applicable law, enter into
contracts and other arrangements with public agencies and with private
organizations and persons and may make such payments as may be necessary
to carry out its functions under this Act.
(d) The Secretary of the Smithsonian Institution, the Library of
Congress, and all executive branch departments, agencies, and
establishments of the United States may assist the Council in the
performance of its functions under this Act.
(e) The Secretary of the Interior may provide administrative services
and support to the Council on a reimbursable basis.
Sec. 5. // 36 USC 1465. // (a) The Council shall, without regard to
section 5311(b) of title 5, United States Code, have an Executive
Director who shall be appointed by the President upon the recommendation
of the Chairperson of the Council and who shall be paid at a rate not to
exceed the maximum rate of basic pay payable for GS-18 of the General
Schedule. // 5 USC 5332 //
(b) Without regard to section 5311(b) of title 5, United States Code,
the Executive Director may appoint and fix the pay of such additional
personnel as he considers appropriate. The Executive Director and staff
of the Council shall be appointed subject to the provisions of title 5,
United States Code, governing appointments in the competitive service,
and shall be paid in accordance with the provisions of chapter 51 and
subchapter III of chapter 53 of such title // 5 USC 5101 5331. //
relating to classification and General Schedule pay rates.
Sec. 6. (a) For purposes of establishing the memorial museum
referred to in paragraph (2) of the first section of this Act, // 36 USC
1406. // any department, agency, or instrumentality of the United
States is authorized to transfer to the administrative jurisdiction of
the Council, with the approval of the Secretary of the Interior in
consultation with the Commission of Fine Arts and the National Capital
Planning Commission, any real property in the District of Columbia which
is under the administrative jurisdiction of such department, agency, or
instrumentality and which is deemed suitable by the Council for such
memorial. With the approval of the Secretary of the Interior, in
consultation with the Commission of Fine Arts and the National Capital
Planning Commission, the Council may purchase, with the consent of the
owner thereof, any real property within the District of Columbia which
it deems suitable for purposes of establishing such memorial museum.
(b) The architectural design for such memorial museum shall be
subject to the approval of the Secretary of the Interior, in
consultation with the Commission of Fine Arts and the National Capital
Planning Commission.
(c) The authority conferred pursuant to this Act for the construction
and operation of the memorial museum shall lapse on the date five years
after the date of the enactment of this Act unless (1) the erection or
establishment of such memorial is commenced within such five year
period, and (2) prior to the commencement, the Secretary of the Interior
certifies that funds are available in an amount sufficient, in the
judgment of the Secretary, to ensure completion of the memorial museum.
Sec. 7. // 36 USC 1407. // The Council may solicit, accept, hold,
administer, and use gifts, bequests, and devises of property, both real
and personal, to aid or facilitate the construction, maintenance, and
operation of the memorial. Property may be accepted pursuant to this
section, and the property and the proceeds thereof used as nearly as
possible in accordance with the terms of the gift, bequest, or devise
donating such property. For the purposes of Federal income, estate, and
gift taxes, property accepted under this section shall be considered as
a gift, bequest, or devise to the United States.
Sec. 8. There is authorized to be appropriated to carry out the
purposes of this Act // 36 USC 1408. // $722,000 for the fiscal year
1981, $800,000 for the fiscal year 1982, and $850,000 for the fiscal
year 1983: Provided, however, That notwithstanding any other provision
of this Act, none of the funds authorized herein may be available for
construction. Authority to enter into contracts and to make payments
under this Act, using funds authorized to be appropriated under this
section, shall be effective only to the extent, and in such amounts, as
provided in advance in appropriation Acts.
Approved October 7, 1980.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 96 - 1347, Pt. 1 (Comm. on Interior and Insular
Affairs).
CONGRESSIONAL RECORD, Vol. 126 (1980):
Sept. 23, considered and passed House.
Sept. 24, considered and passed Senate, amended.
Sept. 25, House concurred in Senate amendments.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 16, No. 41:
Oct. 7, Presidential statement.
PUBLIC LAW 96-387, 94 STAT, 1545
vessels of the United States,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That, notwithstanding
the provisions of title 46 of the United States Code, particularly but
not limited to section 27 of the Merchant Marine Act of 1920, as amended
(46 U.S.C. 883), or any other provision of law, the Secretary of the
department in which the Coast Guard is operating, shall cause the
vessels Sara (vessel numbered 530082), Aurelia Four, Alice (vessel
numbered 289731), Albatross (vessel numbered 299537), Hillbilly I, and
Kailua (registration numbered AK-7716- B) to be documented as vessels of
the United States, with the privileges of engaging in coastwise trade so
long as each such vessel being so documented is owned by a citizen of
the United States.
Sec. 2. The vessel Sara which was constructed in a country other
than the United States, is, pursuant to section 1, granted the privilege
of engaging in coastwise trade only so long as the vessel is owned by a
citizen of the United States and is operated for a nonprofit purpose.
Sec. 3. Section 502 of the Merchant Marine Act, 1936, // 46 USC
1152. // is amended by adding at the end of subsection (g) thereof two
new subsections to read as follows:
"(h) The Secretary of Commerce is authorized to construct, purchase,
lease, acquire, store, maintain, sell, or otherwise dispose of national
defense features intended for installation on vessels. The Secretary of
Commerce is authorized to install or remove such national defense
features on any vessel (1) which is in the National Defense Reserve
Fleet as defined by section 11(a) of the Merchant Ship Sales Act of
1946, (2) // 50 USC app. 1744. // which is requisitioned, purchased, or
chartered under section 902 of the Merchant Marine Act, 1936, // 46 USC
1242. // (3) which serves as security for the guarantee of an
obligation by the Secretary of Commerce under title XI of this Act, //
46 USC 1271. // or (4) which is the subject of an agreement between the
owner of such vessel and the Secretary of Commerce to install or remove
such national defense features. Title to such national defense features
which the Secretary of Commerce determines are not to be permanently
incorporated in a vessel shall not be affected by such installation or
removal unless otherwise transferred in accordance with the provisions
of this title V. // 46 USC 1151. //
"(i) The Secretary of Commerce shall submit the plans and
specifications for such national defense features and the proposals for
their acquisition, storage, utilization, or disposition to the Navy
Department for examination thereof and suggestion for such changes
therein as may be deemed necessary or proper in order that such features
shall be suitable for the use of the United States Government in time of
war or national emergency. If the Secretary of the Navy approves such
plans, specifications, or proposals as submitted, or as modified in
accordance with the provisions of this subsection, he shall certify such
approval to the Secretary of Commerce.".
Sec. 4. Section 209(b) of the Merchant Marine Act, 1936, // 46 USC
1119. // is amended by (a) deleting from clause (2) the words "and cost
of national defense features"; (b) inserting after clause (2) the
following new clause: "(3) cost of national defense features;"; and,
(c) renumbering the remaining clauses accordingly.
Sec. 5. // 46 USC 1121 - 1. // Notwithstanding any other provisions
of law, any vessel engaged in the coastwise transportation of coal
produced in the United States, from a port in the United States to
another port in the United States, shall until June 30, 1987, have the
priority to load at any such ports ahead of any waiting vessels engaged
in the export trade of coal produced in the United States: Provided,
That, the Secretary of Commerce may, if he determines that it is in the
national interest, eliminate priority loading, as provided herein, at
any such port or ports, and to report such action to the Congress within
30 days.
Sec. 6. Notwithstanding section 27 of the Merchant Marine Act, 1920,
as amended (46 U.S.C. 883), or any other provision of law to the
contrary, the vessel known as the Scuba King, official numbered 532376,
owned by Bernard Despins, shall be entitled to be documented to engage
in the fisheries and the coastwise trade upon compliance with the usual
requirements, so long as such vessel is, from the date of enactment of
this section, continuously owned by a citizen of the United States. For
the purposes of this section, the term "citizen of the United States"
includes corporations, partnerships, and associations, but only those
which are citizens of the United States within the meaning of section 2
of the Shipping Act, 1916 (46 U.S.C. 802).
Approved October 7, 1980.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 96 - 1221 (Comm. on Merchant Marine and Fisheries).
SENATE REPORT No. 96 - 477 (Comm. on Commerce, Science, and
Transportation).
CONGRESSIONAL RECORD:
Vol. 125 (1979): Dec. 18, considered and passed Senate.
Vol. 126 (1980): Aug. 26, considered and passed House,
amended. Sept. 19, Senate concurred in House amendments with
amendments. Sept. 22, House agreed to Senate amendments.
PUBLIC LAW 96-386, 94 STAT, 1539, MAGNETIC FUSION ENERGY ENGINEERING
ACT OF 1980
development of magnetic
fusion energy technologies leading to the construction
and successful operation of
a magnetic fusion demonstration plant in the United
States before the end of the
twentieth century to be carried out by the Department
of Energy.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That this Act // 42 USC
9301 // may be cited as the " Magnetic Fusion Energy Engineering Act of
1980".
Sec. 2. // 42 USC 9301. // (a) The Congress hereby finds that--,
(1) the United States must formulate an energy policy designed
to meet an impending worldwide shortage of many exhaustible,
conventional energy resources in the next few decades;
(2) the energy policy of the United States must be designed to
ensure that energy technologies using essentially inexhaustible
resources are commercially available at a time prior to serious
depletion of conventional resources;
(3) fusion energy is one of the few known energy sources which
are essentially inexhaustible, and thus constitutes a long-term
energy option;
(4) major progress in all aspects of magnetic fusion energy
technology during the past decade instills confidence that power
production from fusion energy systems is achievable;
(5) the United States must aggressively pursue research and
development programs in magnetic fusion designed to foster
advanced concepts and advanced technology and to develop
efficient, reliable components and subsystems;
(6) to ensure the timely commercialization of magnetic fusion
energy systems, the United States must demonstrate at an early
date the engineering feasibility of magnetic fusion energy
systems;
(7) progress in magnetic fusion energy systems is currently
limited by the funds made available rather than technical
barriers;
(8) it is a proper role for the Federal Government to
accelerate research, development, and demonstration programs in
magnetic fusion energy technologies; and
(9) acceleration of the current magnetic fusion program will
require a doubling within seven years of the present funding level
without consideration of inflation and a 25 per centum increase in
funding each of fiscal years 1982 and 1983.
(b) It is therefore declared to be the policy of the United States
and the purpose of this Act to accelerate the national effort in
research, development, and demonstration activities related to magnetic
fusion energy systems. Further, it is declared to be the policy of the
United States and the purpose of this Act that the objectives of such
program shall be--,
(1) to promote an orderly transition from the current research
and development program through commercial development;
(2) to establish a national goal of demonstrating the
engineering feasibility of magnetic fusion by the early 1990's;
(3) to achieve at the earliest practicable time, but not later
than the year 1990, operation of a magnetic fusion engineering
device based on the best available confinement concept;
(4) to establish as a national goal the operation of a magnetic
fusion demonstration plant at the turn of the twenty-first
century;
(5) to foster cooperation in magnetic fusion research and
development among government, universities, industry, and national
laboratories;
(6) to promote the broad participation of domestic industry in
the national magnetic fusion program;
(7) to continue international cooperation in magnetic fusion
research for the benefit of all nations;
(8) to promote greater public understanding of magnetic fusion;
and
(9) to maintain the United States as the world leader in
magnetic fusion.
Sec. 3. // 42 USC 9302. // For the purposes of this Act--,
(1) "fusion" means a process whereby two light nuclei, such as
deuterium and tritium, collide at high velocity, forming a
compound nucleus, which subsequently separates into constituents
which are different from the original colliding nuclei, and which
carry away the accompanying energy release;
(2) "magnetic fusion" means the use of magnetic fields to
confine a very hot, fully ionized gas of light nuclei, so that the
fusion process can occur;
(3) "energy system" means a facility designed to utilize energy
released in themagnetic fusion process for the generation of
electricity and the production of hydrogen or other fuels;
(4) "fusion engineering device" means a magnetic fusion
facility which achieves at least a burning plasma and serves to
test components for engineering purposes;
(5) "demonstration plant" means a prototype energy system which
is of sufficient size to provide safety, environmental
reliability, availability, and ready engineering extrapolation of
all componnents to commercial size but which system need not be
economically competitive with then alternative energy sources;
and
(6) " Secretary" means Secretary of Energy.
Sec. 4. // 42 USC 9303. // (a) The Secretary shall initiate
activities or accelerate existing activities in research areas in which
the lack of knowledge limits magnetic fusion energy systems in order to
ensure the achievement of the purposes of this Act.
(b)(1) The Secretary shall maintain an aggressive plasma confinement
research program on the current lead concept to provide a full measure
of support for the design, construction, and operation of the fusion
engineering devices.
(2) The Secretary shall maintain a broadly based research program on
alternate confinement concepts and on advanced fuels at a sufficient
level of funding to achieve optimal design of each successive magnetic
fusion facility using the then best available confinement and fuel
concept.
(3) The Secretary shall ensure that research on properties of
materials likely to be required for the construction of fusion
engineering devices is adequate to provide timely information for the
design of such devices.
(c)(1) The Secretary shall initiate design activities on a fusion
engineering device using the best available confinement concept to
ensure operation of such a device at the earliest practicable time, but
not later than the year 1990.
(2) The Secretary shall develop and test the adequacy of the
engineering design of components to be utilized in the fusion
engineering device.
(d) The Secretary shall initiate at the earliest practical time each
activity which he deems necessary to achieve the national goal for
operation of a demonstration plant at the turn of the twenty-first
century.
(e) The Secretary shall continue efforts to assess factors which will
determine the commercial introduction of magnetic fusion energy systems
including, but not limited to--,
(1) projected costs relative to other alternative energy
sources;
(2) projected growth rates in energy demand;
(3) safety-related design limitations;
(4) environmental impacts; and
(5) limitations on the availability of strategic elements, such
as helium, lithium, and special metals.
Sec. 5. // 42 USC 9304. // (a) The Secretary shall prepare a
comprehensive program management plan for the conduct of the research,
development, and demonstration activities under this Act. Such plan
shall include at a minimum--,
(1) a presentation of the program strategy which will be used
to achieve the purposes of this Act;
(2) a five-year program implementation schedule, including
identification of detailed milestone goals, with associated budget
and program resources requirements;
(3) risk assessments;
(4) supporting research and development needed to solve
problems which may inhibit or limit development of magnetic fusion
energy systems; and
(5) an analysis of institutional, environmental, and economic
considerations which are limiting the national magnetic fusion
program.
(b) The Secretary shall transmit the comprehensive program management
plan to the Committee on Science and Technology of the House of
Representatives and the Committee on Energy and Natural Resources of the
Senate not later than January 1, 1982.
Sec. 6. // 42 USC 9305. // (a) The Secretary shall develop a plan
for the creation of a national magnetic fusion engineering center for
the purpose of accelerating fusion technology development via the
concentration and coordination of major magnetic fusion engineering
devices and associated activities at such a national center.
(b) In developing the plan, the Secretary shall include relevant
factors including, but not limited to--,
(1) means of saving cost and time through the establishment of
the national center relative to the cost and schedule currently
projected for the program;
(2) means of providing common facilities to be shared by many
magnetic fusion concepts;
(3) assessment of the environmental and safety-related aspects
of the national center;
(4) provisions for international cooperation in magnetic fusion
activities at the national center;
(5) provision of access to facilities for the broader technical
involvement of domestic industry and universities in the magnetic
fusion energy program;
(6) siting criteria for the national center including a list of
potential sites;
(7) the advisability of establishing such a center considering
all factors, including the alternative means and associated costs
of pursuing such technology; and
(8) changes in the management structure of the magnetic fusion
program to allow more effective direction of activities related to
the national center.
(c) The Secretary shall submit not later than July 1, 1981, a report
to the House Committee on Science and Technology and the Senate
Committee on Energy and Natural Resources characterizing the plan and
setting forth the steps necessary for implementation of the plan,
including any steps already implemented.
Sec. 7. // 42 USC 9306. // (a) A technical panel on magnetic fusion
of the Energy Research Advisory Board shall be established to review the
conduct of the national magnetic fusion energy program.
(b)(1) The technical panel shall be comprised of such representatives
from domestic industry, universities, government laboratories, and other
scientific and technical organizations as the Chairman of the Energy
Research Advisory Board deems appropriate based on his assessment of the
technical qualifications of each such representative.
(2) Members of the technical panel need not be members of the full
Energy Research Advisory Board.
(c) The activities of the technical panel shall be in compliance with
any laws and regulations guiding the activities of technical and
factfinding groups reporting to the Energy Research Advisory Board.
(d) The technical panel shall review and may make recommendations on
the following items, among others:
(1) the preparation of the five-year program plan prepared
pursuant to section 5;
(2) the type of future facilities needed to meet the goals of
this Act along with their projected completion dates;
(3) the adequacy of participation by universities and industry
in the program;
(4) the adequacy of international cooperation in magnetic
fusion and any problems associated therewith; and
(5) institutional, environmental, and economic factors
limiting, or prospectively limiting, efforts to achieve commercial
application of magnetic fusion energy systems.
(e) The technical board shall submit to the Energy Research Advisory
Board on at least a triennial basis a written report of its findings and
recommendations with regard to the magnetic fusion program.
(f) After consideration of the technical panel report, the Energy
Research Advisory Board shall submit such report, together with any
comments such Board deems appropriate, to the Secretary.
Sec. 8. // 42 USC 9307. // The Secretary may direct the director of
each laboratory or installation at which a major magnetic fusion
facility is operated for, or funded primarily by, the Federal Government
to establish, for the sole purpose of providing advice to such director,
a program advisory committee composed of persons with expertise in
magnetic fusion from such domestic industry, universites, government
laboratories, and other scientific and technical organizations as such
director deems appropriate.
Sec. 9. // 42 USC 9308. // (a)(1) The Secretary in consultation with
the Secretary of State shall actively seek to enter into or to
strengthen existing international cooperative agreements in magnetic
fusion research and development activities of mutual benefit to all
parties.
(2) The Secretary shall seek to achieve equitable exchange of
information, data, scientific personnel, and other considerations in the
conduct of cooperative efforts with technologically advanced nations.
(b)(1) The Secretary shall examine the potential impacts on the
national magnetic fusion program of United States participation in an
international effort to construct fusion engineering devices.
(2) The Secretary shall explore, to the extent feasible, the
prospects for joint financial participation by other nations with the
United States in the construction of a fusion engineering device.
(3) Within two years of the enactment of this Act the Secretary shall
transmit to the House Committee on Science and Technology and the Senate
Committee on Energy and Natural Resources the results of such
examinations and explorations with his recommendations for construction
of a national or international fusion engineering device: Provided,
however, That such examinations and explorations shall not have the
effect of delaying design activities related to a national fusion
engineering device.
Sec. 10. // 42 USC 9309. // (a) The Secretary shall assess the
adequacy of the projected United States supply of manpower in the
engineering and scientific disciplines required to achieve the purposes
of this Act taking cognizance of the other demands likely to be placed
on such manpower supply.
(b) The Secretary shall within one year of the date of enactment of
this Act submit a report to the President and to the Congress setting
forth his assessment along with his recommendations regarding the need
for increased support for education in such engineering and scientific
disciplines.
Sec. 11. // 42 USC 9310. // (a) The Secretary shall take all
necessary steps to assure that technical information relevant to the
status and progress of the national magnetic fusion program is made
readily available to interested persons in domestic industry and
universities in the United States: Provided, however, That upon a
showing to the Secretary by any person that any information or portion
thereof provided to the Secretary directly or indirectly from such
person would, if made public, divulge (1) trade secrets or (2) other
proprietary information of such person, the Secretary shall not disclose
such information and disclosure thereof shall be punishable under
section 1905 of title 18, United States Code.
(b) The Secretary shall maintain an aggressive program in the United
States for the provision of public information and educational materials
to promote widespread knowledge of magnetic fusion among educational,
community, business, environmental, labor, and governmental entities and
the public at large.
Sec. 12. // 42 USC 9311. // As a separate part of the annual report
submitted pursuant to section 801 of the Department of Energy
Organization Act (Public Law 95 - 91), // 42 USC 7321. // the Secretary
shall submit to Congress an annual report of activities pursuant to this
Act. Such report shall include--,
(a) modifications to the comprehensive program management plan
for implementing this Act;
(b) an evaluation of the status of national magnetic fusion
energy program in the United States;
(c) a summary of the findings and recommendations of any report
of the Energy Research Advisory Board on magnetic fusion;
(d) an analysis of the progress made in commercializing
magnetic fusion technology; and
(e) suggestions for improvements in the national magnetic
fusion program, including recommendations for legislation.
Sec. 13. // 42 USC 9312. // (a) There is hereby authorized to be
appropriated to the Secretary, for the fiscal year ending September 30,
1981, such sums as are provided in the annual authorization Act pursuant
to section 660 of Public Law 95 - 91. // 42 USC 7270. //
(b) In carrying out the provisions of this Act, the Secretary is
authorized to enter into contracts only to such extent or in such
amounts as may be provided in advance in appropriations Acts.
Approved October 7, 1980.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 96 - 1096 (Comm. on Science and Technology).
SENATE REPORT No. 96 - 942 accompanying S. 2926 (Comm. on Energy and
Natural Resources).
CONGRESSIONAL RECORD, Vol. 126 (1980):
Aug. 25, considered and passed House.
Sept. 23, S. 2926 considered and passed Senate; passage
vitated and H.R. 6308, amended, passed inlieu.
Sept. 24, House concurred in Senate amendments.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 16, No. 44:
Oct. 7, Presidential statement.
PUBLIC LAW 96-385, 94 STAT, 1528, VETERAN's DISABILITY COMPENSATION
AND HOUSING BENEFITS AMENDMENTS OF 1980
cost-of-living increases in the rates
of compensation for veterans with service-connected
disabilities and in the rates
of dependency and indemnity compensation for surviving
spouses and children of
veterans, to provide for limited grants for special
home adaptations for certain
severely disabled veterns, to provide for Veterans'
Administration guaranties for
loans to refinance certain existing veterans' home
loans and to increase the
maximum loan guaranties for home loans made to
veterans, and to provide for
the confidentiality of certain Veterans'
Administration medical quality assurance
records; 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) this Act // 38
USC 101 // may be cited as the " Veterans' Disability Compensation and
Housing Benefits Amendments of 1980".
(b) Except as otherwise expressly provided, whenever in this Act an
amendment or repeal is expressed in terms of an amendment to, or repeal
of, a section or other provisions, the reference shall be considered to
be made to a section or other provision of title 38, United States Code.
Sec. 101. // 38 USC 314. // (a) Section 314 is amended--,
(1) by striking out "$48" in subsection (a) and inserting in
lieu thereof "$54";
(2) by striking out "$88" in subsection (b) and inserting in
lieu thereof "$99";
(3) by striking out "$133" in subsection (c) and inserting in
lieu thereof "$150";
(4) by striking out "$182" in subsection (d) and inserting in
lieu thereof "$206";
(5) by striking out "$255" in subsection (e) and inserting in
lieu thereof "$291";
(6) by striking out "$321" in subsection (f) and inserting in
lieu thereof "$367";
(7) by striking out "$380" in subsection (g) and inserting in
lieu thereof "$434";
(8) by striking out "$440" in subsection (h) and inserting in
lieu thereof "$503";
(9) by striking out "$495" in subsection (i) and inserting in
lieu thereof "$566";
(10) by striking out "$889" in subsection (j) and inserting in
lieu thereof "$1,016";
(11) by striking out "$1,104" and "$1,547" in subsection (k)
and inserting in lieu thereof "$1,262" and "$1,768", respectively;
(12) by striking out "$1,104" in subsection (l) and inserting
in lieu thereof "$1,262";
(13) striking out "$1,217" in subsection (m) and inserting in
lieu thereof "$1,391";
(14) by striking out "$1,383" in subsection (n) and inserting
in lieu thereof "$1,581";
(15) by striking out "$1,547" each place it appears in
subsections (o) and (p) and inserting in lieu thereof "$1,768";
(16) by striking out "$664" and "$989" in subsection (r) and
inserting in lieu thereof "$759" and "$1,130", respectively;
(17) by striking out "$995" in subsection (s) and inserting in
lieu thereof "$1,137"; and
(18) by striking out "$192" in subsection (t) and inserting in
lieu thereof "$219".
(b) The Administrator of Veterans' Affairs may adjust
administratively, consistent with the increases authorized by this
section, the rates of disability compensation payable to persons within
the purview of section 10 of Public Law 85 - 857 // 38 USC prec. 101.
// who are not in receipt of compensation payable pursuant to chapter 11
of title 38, United States Code. // 38 USC 301 //
Sec. 102. // 38 USC 315. // Section 315 (1) is amended--,
(1) by striking out "$54" in clause (A) and inserting in lieu
thereof "$62";
(2) by striking out "$91" in clause (B) and inserting in lieu
thereof "$104";
(3) by striking out "$121" in clause (C) and inserting in lieu
thereof "$138";
(4) by striking out "$151" and "$30" in clause (D) and
inserting in lieu thereof "$173" and "$34", respectively;
(5) by striking out "$37" in clause (E) and inserting in lieu
thereof "$42";
(6) by striking out "$67" in clause (F) and inserting in lieu
thereof "$77";
(7) by striking out "$97" and "$30" in clause (G) and inserting
in lieu thereof "$111" and "$34", respectively;
(8) by striking out "$44" in clause (H) and inserting in lieu
thereof "$50";
(9) by striking out "$98" in clause (I) and inserting in lieu
thereof "$112"; and
(10) by striking out "$82" in clause (J) and inserting in lieu
thereof "$94".
Sec. 103. Section 362 // 38 USC 362. // is amended by striking out
"$240" and inserting in lieu thereof "$274".
Sec. 201. (a) Subsection (a) of section 411 // 38 USC 411. // is
amended to read as follows:
"(a) Dependency and indemnity compensation shall be paid to a
surviving spouse, based on the pay grade of the person upon whose death
entitlement is predicated, at monthly rates set forth in the following
table:
(b) Subsection (b) of such section is amended by striking out "$38"
and inserting in lieu thereof "$43".
(c) Subsection (c) of such section is amended by striking out "$98"
and inserting in lieu thereof "$112".
(d) Subsection (d) of such section is amended by striking out "$49"
and inserting in lieu thereof "$56".
CHILDREN
Sec. 202. // 38 USC 413. // Section 413 is amended--,
(1) by striking out "$165" in clause (1) and inserting in lieu
thereof "$189";
(2) by striking out "$237" in clause (2) and inserting in lieu
thereof "$271";
(3) by striking out "$306" in clause (3) and inserting in lieu
thereof "$350"; and
(4) by striking out "$306" and "$62" in clause (4) and
inserting in lieu thereof "$350" and "$71", respectively.
COMPENSATION
FOR CHILDREN
Sec. 203. // 38 USC 414. // Section 414 is amended--,
(1) by striking out "$98" in subsection (a) and inserting in
lieu thereof "$112";
(2) by striking out "$165" in subsection (b) and inserting in
lieu thereof "$189"; and
(3) by striking out "$84" in subsection (c) and inserting in
lieu thereof "$96".
Sec. 301. (a) Section 801 // 38 USC 801. // is amended by inserting
"(a) before " The Administrator" and by adding at the end the following
new subsection:
z"(b)(1) Subject to paragraph (2) of this subsection, the
Administrator, under regulations which the Administrator shall
prescribe, shall assist any veteran (other than a veteran who is
eligible for assistance under subsection (a) of this section) // 38 USC
301 // who is entitled to compensation under chapter 11 of this title
for a permanent and total service-connected disability which--,
"(A) is due to blindness in both eyes with 5/200 visual acuity
or less, or
"(B) includes the anatomical loss or loss of use of both hands,
in acquiring such adaptations to such veterna's residensce as are
determined by the Administrator to be reasonably necessary because of
such disability.
"(2) Assistance under paragraph (1) of this subsection may be
provided only to a veteran who the Administrator determines is residing
in and reasonably intends to continue residing in a residence owned by
such veteran or by a member of such veteran's family or, if the
veteran's residence is to be constructed or purchased, will be residing
in and reasonably intends to continue residing in a residence owned by
such veteran or by a member of such veteran's family.".
(b) Section 802 // 38 USC 802. // is amended--,
(1) by inserting "(a)" before " The assistance";
(2) by striking out "section 801" and inserting in lieu thereof
"section 801(a)"; and
(3) by adding at the end the following new subsection:
"(b) Except as provided in section 804(b)(2) of this title, the
assistance authorized by section 801(b) of this title shall be limited
to the lesser of--,
"(1) the actual cost of the adaptations determined by the
Administrator under such section 801(b) to be reasonably
necessary,
or
"(2) $5,000.".
(c) Section 804 // 38 USC 804. // is amended--,
(1) by inserting "(a)" before " Any veteran";
(2) by striking out "the assistance authorized by this chapter"
and inserting in lieu thereof "except as provided in subsection
(b)
of this section, the assistance authorized by section 801 of this
title"; and
(3) by adding at the end the following new subsection:
"(b) A veteran eligible for assistance under section 801(b) of this
title shall not by reason of such eligibility be denied benefits for
which such veteran becomes eligible under section 801(a) of this title
or benefits relating to home health services under section 612(a) of
this title. However, no particular type of adaptation, improvement, or
structural alteration provided to a veteran under section 612(a) // 38
USC 612. // of this title may be provided to such veteran under section
801(b) of this title.".
(d) Section 805 // 38 USC 805. // is amended by striking out "unit,
or necessary land therefor," and inserting in lieu thereof "unit, or
necessary land therefor, or adaptation".
Sec. 401. (a) Section 1810 // 38 USC 1810. // is amended--,
(1) by inserting after clause (7) of subsection (a) the
following new clause:
"(8) To refinance in accordance with subsection (e) of this
section an existing loan guaranteed, insured, or made under this
chapter."; and
(2) by adding at the end the following new subsection:
"(e)(1) For a loan to be guaranteed for the purpose specified in
subsection (a)(8) of this section--,
"(A) the interest rate of the loan must be less than the
interest rate of the loan being refinanced;
"(B) the loan must be secured by the same dwelling or farm
residence as was the loan being refinanced and such dwelling or
residence must be owned and occupied by the veteran as such
veteran's home;
"(C) the amount of the loan may not exceed an amount equal to
the sum of the balance of the loan being refinanced and such
closing costs (including any discount permitted pursuant to
section 1803(c)(3)(A) of this title)
// 38 USC 1803. //
as may be authorized by the Administrator, under regulations which
the Administrator shall
prescribe, to be included in such loan;
"(D) the amount of the guaranty of the loan may not exceed the
original guaranty amount of the loan being refinanced; and
"(E) the term of the loan may not exceed the original term of
the loan being refinanced.
"(2) A loan to a veteran may be guaranteed by the Veterans'
Administration under this chapter for the purpose specified in clause
(8) of subsection (a) of this section without regard to the amount of
outstanding guaranty entitlement available for use by such veteran, and
the amount of such veteran's guaranty entitlement shall not be charged
as a result of any guaranty provided for such purpose. For purposes of
section 1802(b) of this title, // 38 USC 1802. // such loan shall be
deemed to have been obtained with the guaranty entitlement used to
obtain the loan being refinanced.
"(3) If a veteran is deceased and if such veteran's surviving spouse
was a co-obligor under an existing loan guaranteed, insured, or made
under this chapter, such surviving spouse shall, only for the purpose
specified in subsection (a)(8) of this section, be deemed to be a
veteran eligible for benefits under this chapter.".
(b) Section 1819(a) // 38 USC 1819. // is amended--,
(1) by adding at the end of paragraph (1) the following new
clause:
"(F) To refinance in accordance with paragraph (4) of this
subsection an existing loan guaranteed, insured, or made under
this section."; and
(2) by adding at the end the following new paragraph:
"(4)(A) For a loan to be guaranteed for the purpose specified in
clause (F) of paragraph (1) of this subsection--,
"(i) the interest rate of the loan must be less than the
interest rate of the loan being refinanced;
"(ii) the loan must be secured by the same mobile home or
mobile-home lot, or mobile home and mobile-home lot, as was the
loan being refinanced and such mobile home (or a mobile home on
such lot) must be owned and occupied by the veteran as such
veterna's home;
"(iii) the amount of the loan may not exceed an amount equal to
the sum of the balance of the loan being refinanced and such
closing costs (including any discount permitted pursuant to
section 1803(c)(3)(A) of this title) // 38 USC 1803. //
as may be authorized by the
Administrator, under regulations which the Administrator shall
prescribe, to be included in such loan;
"(iv) the amount of the guaranty of the loan may not exceed the
original guaranty amount of the loan being refinanced; and
"(v) the term of the loan may not exceed the original term of
the loan being refinanced.
"( A loan to a veteran may be guaranteed by the Veterans'
Administration under this chapter for the purpose specified in clause
(F) of paragraph (1) of this subsection without regard to the amount of
outstanding guaranty entitlement available for use by such veteran, and
the amount of such veteran's guaranty entitlement shall not be charged
as a result of any guaranty provided for such purpose. For purposes of
section 1802(b) of this title, // 38 USC 1802. // such loan shall be
deemed to have ben obtained with the guaranty entitlement used to obtain
the loan being refinanced.
"( If a veteran is deceased and if such veteran's surviving spouse
was a co-obligor under an existing loan previously guaranteed, insured,
or made under this section, such surviving spouse shall, only for the
purpose specified in clause (F) of paragraph (1) of this subsection, be
deemed to be a veteran eligible for benefits under this chapter.".
(c)(1) Section 1803(c)(3)(A) // 38 USC 1803. // is amended by
striking out "section 1810(a)(5)" and inserting in lieu thereof "clause
(5) or (8) of section 1810(a) of this title or section 1819(a)(1)(F) of
this title".
(2) The second sentence of section 1811(b) // 38 USC 1811. // is
amended by inserting "(other than the refinancing of a loan under
section 1810(a)(8) or 1819(a)(1)(F))" after "section 1810(a) or 1819 of
this title".
Sec. 402. (a) Section 1810(c) // 38 USC 1810. // is amended by
striking out "$25,000" and inserting in lieu thereof "$27,500".
(b) Section 1811(d)(2) // 38 USC 1811. // is amended--,
(1) by striking out "$25,000" both places it appears in
subparagraph (A) and inserting in lieu thereof "$27,500"; and
(2) by striking out "$17,500" both places it appears in
subparagraph (B) and inserting in lieu thereof "$20,000".
(c) Section 1819(c) // 38 USC 1819. // is amended by striking out
"$17,500" each place it appears and inserting in lieu thereof "$20,000".
OFFICE IN
THE REPUBLIC OF THE PHILIPPINES
Sec. 501. Section 230(b) // 38 USC 230. // is amended by striking
out "1981" and inserting in lieu thereof "1985".
Sec. 502. Section 906(a) // 38 USC 906. // is amended by adding at
the end of such section the following new paragraph:
"(4) Any individual described in section 1002(5) of this title // 38
USC 1002. // who is buried in a veterans' cemetery owned by a State.".
Sec. 503. (a) Section 3104(a) // 38 USC 3104. // is amended--,
(1) by inserting "(1)" after "(a)"; and
(2) by adding at the end of such subsection the following new
paragraph:
"(2) Notwithstanding the provisions of paragraph (1) of this
subsection and of section 3105 of this title, // 38 USC 3105. //
pension under section 521 or 541 of this title // 38 USC 521, 541. //
may be paid to a person entitled to receive retired or retirement pay
described in section 3105 of this title concurrently with such person's
receipt of such retired or retirement pay if the annual amount of such
retired or retirement pay is counted as annual income for the purposes
of chapter 15 of this title.". // 38 USC 501 //
(b) Section 3203(a)(1)(C) // 38 USC 3203. // is amended by striking
out "of not less than two full calendar months" and inserting in lieu
thereof "in connection with which pension was reduced pursuant to
subparagraph (A) or (B) of this paragraph".
SERVICE-CONNECTED
DISABILITIES OR DEATH AND OF DEPENDENCY AND
INDEMNITY COMPENSATION
FOR INCARCERATION FOR FELONY CONVICTION
Sec. 504. (a) Chapter 53 is amended by adding at the end the
following new section:
" Sec. 3113. // 38 USC 3113. // Limitation on payment of
compensation and dependency and indemnity compensation to persons
incarcerated for conviction of a felony
"(a)(1) To the extent provided in subsection (d) of this section, any
person who is entitled to compensation or to dependency and indemnity
compensation and who is incarcerated in a Federal, State, or local penal
institution for a period in excess of sixty days for conviction of a
felony shall not be paid such compensation or dependency and indemnity
compensation, for the period beginning on the sixty-first day of such
incarceration and ending on the day such incarceration ends, in an
amount that exceeds--,
"(A) in the case of a veteran with a service-connected
disability rated at 20 percent or more, the rate of compensation
payable under section 314(a) of this title;
// 38 USC 314. // or
"(B) in the case of a veteran with a service-connected
disability not rated at 20 percent or more or in the case of a
surviving spouse, parent, or child, one-half of the rate of
compensation payable under section 314(a) of this title.
"(2) The provisions of paragraph (1) of this section shall not apply
with respect to any period during which a person is participating in a
work-release program or is residing in a halfway house.
"(b)(1) All or any part of the compensation not paid to a veteran by
reason of subsection (a) of this section may, as appropriate in an
individual case, be apportioned under the same terms and conditions as
are provided under section 3107 of this title. // 38 USC 3107. //
"(2) All or any part of the dependency and indemnity compensation not
paid to a surviving spouse or child by reason of subsection (a) of this
section may, as appropriate in an individual case, be apportioned as
follows:
"(A) In the case of dependency and indemnity compensation not
paid to a surviving spouse, any apportionment shall be to the
surviving child or children.
"(B) In the case of dependency and indemnity compensation not
paid to a surviving child, any apportionment shall be to the
surviving spouse or other surviving children, as applicable.
"(3) No apportionment may be made under this subsection to or on
behalf of any person who is incarcerated in a Federal, State, or local
penal institution for conviction of a felony.
"(c) The Administrator shall not assign to any veteran a rating of
total disability based on the individual unemployability of the veteran
resulting from a service-connected disability during any period during
which the veteran is incarcerated in a Federal, State, or local penal
institution for conviction of a felony.
"(d) The provisions of subsection (a) of this section shall apply (1)
with respect to any period of incarceration of a person for conviction
of a felony committed after the date of the enactment of this section,
and (2) with respect to any period of incarceration on or after October
1, 1980, for conviction of a felony of a person who on October 1, 1980,
is incarcerated for conviction of such felony and with respect to whom
the action granting an award of compensation or dependency and indemnity
compensation is taken on or after such date.
"(e) For purposes of this section--,
"(1) The term 'compensation' includes disability compensation
payable under section 351 of this title.
// 38 USC 351. //
"(2) The term 'dependency and indemnity compensation' means
death compensation payable under section 321 or 341 of this title,
// 38 USC 321, 341. // death compensation and dependency and indemnity
compensation payable under section 351 of this title,
// 38 USC 351. //
and any benefit payable under chapter 13 of this title."
// 38 USC 401 //
(b) The table of sections at the beginning of such chapter is amended
by adding at the end the following new item:
"3113. Limitations on payment of compensation and dependency and
indemnity compensation to persons incarcerated for conviction of a
felony.".
Sec. 505. (a) Subchapter I of chapter 57 is amended by adding at the
end the following new section:
" Sec. 3305. // 38 USC 3305. // Confidentiality of medical
quality-assurance records
"(a) Records and documents created by the Veterans' Administration as
part of a medical quality-assurance program are confidential and
privileged and may not be disclosed to any person or entity except as
provided in subsection (b) of this section.
"(b)(1) Subject to paragraph (2) of this subsection, a record or
document described in subsection (a) of this section shall, upon
request, be disclosed as follows:
"(A) To a Federal agency or private organization, if such
record or document is needed by such agency or organization to
perform licensing or accreditation functions related to Veterans'
Administration health-care facilities or to perform monitoring,
required by statue, of Veterans' Administration health-care
facilities.
"(B) To a Federal executive agency or provider of health-care
services, if such records or document is required by such agency
or provider for participation by the Veterans' Administration in a
health-care program with such agency or provider.
"(C) To a criminal or civil law enforcement government agency
or instrumentality charged under applicable law with the
protection of the public health or safety, if a qualified representative
that such record or document be provided for a purpose authorized
by law.
"(D) To health-care personnel, to the extent necessary to meet
a medical emergency affecting the health or safety of any
individual.
"(2) The name of and other identifying information regarding any
individual Veterans' Administration patient or employee, or any other
individual associated with the Veterans' Administration for purposes of
a medical quality-assurance program, contained in a record or document
described in subsection (a) of this section shall be deleted from any
record or document before any disclosure made under this subsection if
disclosure of such name and identifying information would constitute a
clearly unwarranted invasion of personal privacy.
"(3) No person or entity to whom a record or document has been
disclosed under this subsection shall make further disclosure of such
record or document except for a purpose provided in this subsection.
"(4) Nothing in this section shall be construed as authority to
withhold any record or document from a committee of either House of
Congress or any joint committee of Congress, if such record or document
pertains to any matter within the jurisdiction of such committee or
joint committee.
"(5) Nothing in this section shall be construed as limiting the use
of records and documents described in subsection (a) of this section
within the Veterans' Administration (including contractors and
consultants of the Veterans' Administration).
"(c) For the purpose of this section, the term 'medical
quality-assurance program means--,
"(1) with respect to any activity carried out before the date
of the enactment of this section, a Veterans' Administration
systemic health-care review activity carried out by or for the
Veterans' Administration for the purpose of improving the quality
of medical care or improving the utilization of health-care
resources in Veterans' Administration health-care facilities;
and
"(2) with respect to any activity carried out on or after the
date of the enactment of this section, a Veterans' Administration
systemic health-care review activity designated by the
Administrator to be carried out by or for the Veterans'
Administration for either such purpose.
"(d)(1) Not later than 180 days after the date of the enactment of
this section, the Administrator shall prescribe regulations to carry out
this section. In prescribing such regulations, the Administrator shall
specify those activities carried out before such enactment date which
the Administrator determines meet the definition of medical
quality-assurance program in subsection (c)(1) of this section and those
activities which the Administrator has designated under subsection
(c)(2) of this section. The Administrator shall, to the extent
appropriate, incorporate into such regulations the provisions of the
existing administrative guidelines and procedures governing such
programs.
"(2) After the date on which such regulations are first prescribed,
no activity shall be considered as having been designated as a medical
quality-assurance program for the purposes of subsection (c)(2) of this
section unless the designation has been specified in such regulations.
"(e) Any person who, knowing that a document or record is a document
or record described in subsection (a) of this section, willfully
discloses such record or document except as provided for in subsection
(b) of this sections shall be fined not more than $5,000 in the case of
a first offense and not more than $20,000 in the case of a subsequent
offense.".
(b) The table of sections at the beginning of such chapter is amended
by inserting after the item relating to section 3304 the following new
item:
"3305. Confidentiality of medical quality-assurance records.".
MONUMENTS
Sec. 506. The third paragraph of the first section of the Act
entitled " An Act for the creation of an American Battle Monuments
Commission to erect suitable memorials commemorating the services of the
American soldier in Europe, and for other purposes", approved March 4,
1923 (36 U.S.C. 121), is amended by inserting after the second sentence
thereof the following new sentence: " To ensure adequate care and
maintenance of the cemeteries, monuments, and memorials under the
jurisdiction of the Commission, the Commission, subject to the
availability of appropriations, shall employ (1) not less than 50
personnel in the competitive service (as defined in section 2102 of
title 5, United States Code), of whom not less than 43 shall be assigned
to duty in foreign countries in which such cemeteries, monuments, and
memorials are located, and (2) not less than 348 individuals who are
citizens of the countries in which such cemeteries, monuments, and
memorials are located, who shall be hired for local employment relating
to the care and maintenance of such cemeteries, monuments, and
memorials.".
Sec. 507. (a) Subject to subsection (b), the Administrator of
Veterans' Affairs is authorized to execute such instruments as may be
necessary to permit the city of Cheyenne, Wyoming, to use for public
roadway purposes a tract of land consisting of four acres, more or less,
which is a portion of a larger tract of land previously conveyed by the
United States to such city under the authority of the Act entitled " An
Act authorizing the Administrator of Veterans' Affairs to convey certain
property to the city of Cheyenne, Wyoming", approved November 8, 1965
(Public Law 89 - 345; 79 Stat. 1304), for use by such city for park and
recreational purposes only.
(b) Any instrument executed by the Administrator of Veterans' Affairs
under under this section shall--,
(1) provide that the four-acre tract of land referred to in
subsection (a) may be used only for park and recreational
pur purposes or for public roadway purposes, or both, and only in a
manner that will not, in the judgment of the Administrator of
Veterans' Affairs, interfere in any manner with the care and
treatment of patients in the Veterans' Administration Center,
Cheyenne, Wyoming;
(2) containe such additional terms, conditions, and
restrictions as may be determined by the Administrator of
Veterans' Affairs to be necessary to protect the interest of the
United States; and
(3) provide that, if the Administrator of Veterans' Affairs
determines that the city of Cheyenne has violated any provision of
any such instrument, title to the tract of land conveyed under the
authority of such Act shall revert to the United States as
provided in the deed of conveyance executed pursuant to such Act.
(c) The legal description of the four-acre tract of land referred to
in subsection (a) shall be determined by the Administrator of Veterans'
Affairs. If a survey is required in order to make such determination,
the city of Cheyenne shall bear the expenses of the survey.
Sec. 508. (a) Section 4107(c)(3) is amended by striking out "section
4507" and inserting in lieu thereof "sections 4507 and 5384".
(b) Section 4109(b) is amended--,
(1) by inserting "after August 25, 1980," after "any period of
service"; and
(2) by inserting "after such date" after "such service".
Sec. 601. (a) The amendments made by titles I and II // 38 USC 314
// shall apply only to payments for months beginning after September 30,
1980.
(b) The amendments made by title III and by sections 402, 501, 503,
and 506 shall take effect on October 1, 1980.
(c) The amendments made by section 502 shall apply only with respect
to individuals who die after September 30, 1980.
(d) The amendments made by sections 401, 504, 505, and 507 shall take
effect on the date of the enactment of this Act.
(e) The amendments made by section 508 shall take effect as of August
26, 1980.
Approved October 7, 1980.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 96 - 1155 (Comm. on Veterans' Affairs).
SENATE REPORT No. 96 - 876 accompanying S. 2649 (Comm. on Veterans'
Affairs).
CONGRESSIONAL RECORD, Vol. 126 (1980):
July 21, considered and passed House.
Aug. 6, considered and passed Senate, amended, in lieu of S.
2649.
Sept. 18, House concurred in Senate amendments with amendments.
Sept. 24, Senate concurred in House amendments.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 16, No. 41:
Oct. 7, Presidential statement.
PUBLIC LAW 96-384, 94 STAT, 1527
Roberts Lake.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the Aubrey Lake
project, Elm Fork of the Trinity River, Texas, authorized by the River
and Harbor Act of 1965 (79 Stat. 1073), shall hereafter be known as Ray
Roberts Lake. Any law, regulation, map, document, or record of the
United States in which such lake is referred to shall be held and
considered to refer to such lake as " Ray Roberts Lake". This Act shall
take effect on January 4, 1981.
Approved October 6, 1980.
LEGISLATIVE HISTORY:
HOUSE REPORT: No. 96 - 1335 (Comm. on Public Works and
Transportation).
CONGRESSIONAL RECORD, Vol. 126 (1980):
Sept. 24, considered and passed House.
Sept. 26, considered and passed Senate.
PUBLIC LAW 96-383, 94 STAT, 1526
River Basin, Ohio, as the
" William H. Harsha Lake" and the " William
H. Harsha Dam".
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the reservoir and
dam in the Little Miami River Basin, Ohio, which--,
(1) are known as " East Fork Lake" and " East Fork Dam",
respectively; and
(2) were completed on site 44 of the general comprehensive
flood control plan of 1937 for the Ohio River Basin which was
submitted by the United States Army Corps of Engineers (described
in Flood Control Committee Document Numbered 1, Seventy-fifth
Congress, first session), and which is authorized under the
heading " Ohio River Basin" in section 4 of the Act of June 28,
1938 (Public Law 75 - 61; 52 Stat. 1217), commonly known as the "
Flood Control Act of 1938";
hereafter shall be known and designated as the " William H. Harsha Lake"
and the " William H. Harsha Dam", respectively.
Sec. 2. Any reference in any law, map, regulation, document, record,
or other paper of the United States to the reservoir or dam specified in
the first section of this Act hereby is deemed to be a reference to the
" William H. Harsha Lake" or the " William H. Harsha Dam", as the case
may be.
Sec. 3. This Act shall take effect on January 4, 1981.
Approved October 6, 1980.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 96 - 1334 (Comm. on Public Works and
Transportation).
CONGRESSIONAL RECORD, Vol. 126 (1980):
Sept. 25, considered and passed House.
Sept. 26, considered and passed Senate.
PUBLIC LAW 96-382, 94 STAT, 1525
limitations in actions to
recover damages for personal injury or death, arising
out of a maritime tort, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That, unless otherwise
specified by law, a suit for recovery of damages for personal injury or
death, or both, arising out of a maritime tort, // 46 USC 763a. //
shall not be maintained unless commenced within three years from the
date the cause of action accrued.
Sec. 2. Section 3 of the Act of March 30, 1920 (41 Stat. 537; 46 U.
S.C. 763) is repealed.
Approved October 6, 1980.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 96 - 737 (Comm. on Merchant Marine and Fisheries).
CONGRESSIONAL RECORD, Vol. 126 (1980):
Feb. 11, considered and passed House.
Sept. 23, considered and passed Senate.
PUBLIC LAW 96-381, 94 STAT, 1523
research,and Sanctuaries Act
of 1972 to authorize appropriations for title II of
such Act for fiscal year
1980.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That section 203 of the
Marine Protection, Research, and Sanctuaries Act of 1972 (33 U.S.C
1443)is amended to read as follows:
" Sec.203. (a) The Administrator of the Environmental Protection
Agency shall--,
"(1) conduct research, investigations,experiments, training,
demonstrations, surveys, and studies for the purpose of--,
section, the
dumping into ocean waters, or waters described in
section
101(b),
// 33 USC 1411. //
of material which may unreasonably degrade or
endanger human health, welfare, or amenities, or the
marine environment, ecological systems, or economic
potentialities,
and
"(2) encourage, cooperate with, promote the coordination of,
and render financial and other assistance to appropriate public
authorities, agencies, and institutions (whether Federal, State,
interstate, or local) and appropriate private agencies,
institutions, and individuals in the conduct of research and other
activities described in paragraph (1).
"(b) Nothing in this section shall be construed to affect in any way
the December 31, 1981, termination date, established in section 4 of the
Act of November 4, 1977 (Public Law 95 - 153; 33 U.S.C. 1412a), for the
ocean dumping of sewage sludge.".
Sec. 2. Section 204 of the Marine Protection, Research, and
Sanctuaries Act of 1972 (33 U.S.C. 1444) is amended--,
(1) by striking out "and" immediately after "fiscal year
1977,", and
(2) by striking out "fiscal year 1978". and inserting in lieu
thereof the following: "fiscal year 1978, not to exceed
$11,396,000 for fiscal year 1981, and not to exceed $12,000,000
for fiscal year 1982.".
Sec. 3. Section 202(a) of the Marine Protection, Research, and
Sanctuaries Act of 1972 (33 U.S.C. 1442(a)) is amended by inserting the
following immediately after the first sentence thereof: " These
responsibilities shall include the scientific assessment of damages to
the natural resources from spills of petroleum or petroleum products.".
Approved October 6, 1980.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 96 - 894 Pt. 1 (Comm. on Merchant Marine and
Fisheries) and Pt. 2 ((comm. on Science and Technology), both
accompanying H.R. 6616.
SENATE REPORT No. 96 - 133 (Comm. on Commerce, Science, and
Transportation).
CONGRESSIONAL Record:
Vol. 125 (1979): June 6, considered and passed Senate.
Vol. 126 (1980): May 12, 13, H. R. 6616 considered and passed
House; passage,
vacated and S. 1123, amended, passed in lieu. Sept. 9, Senate
concurred in House amendment with an amendment. Sept. 24, House
concurred in Senate amendment.
PUBLIC LAW 96-380, 94 STAT, 1521
the Department of
Transportation.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That (a) there is
established a Towing Safety Advisory Committee (hereinafter referred to
as the " Committee"). The Committee shall consist of sixteen members
with particular expertise, knowledge, and experience regarding
shallow-draft inland and coastal waterway navigation and towing safety
as follows:
(1) seven members from the barge and towing industry,
reflecting a regional geographic balance;
(2) one member from the offshore mineral and oil supply vessel
industry; and
(3) two members from each of the following--,
the
shipment of oil or hazardous materials by barge); and
(b) The Secretary of the department in which the Coast Guard is
operating (hereinafter referred to as the " Secretary") shall appoint
the members of the Committee. The Secretary shall designate one of the
members of the Committee as the Chairman and one of the members as the
Vice Chairman. The Vice Chairman shall act as Chairan in the absence or
incapacity of, or in the event of a vacancy in the office of, the
Chairman. The Secretary may request the Secretary of the Army and the
Secretary of Commerce to each designate a representative to participate
as an observer on the Committee.
(c) The Committee shall advise, consult with, and make
recommendations to the Secretary on matters relating to shallow-draft
inland and coastal waterway navigation and towing safety. Any advice or
recommendation made by the Committee to the Secretary shall reflect the
independent judgment of the Committee on the matter concerned. The
Secretary shall consult with the Committee before taking any significant
action affecting shallow-draft inland and coastal waterway navigation
and towing safety. The Committee shall meet at the call of the
Secretary, but in any event not less than once during each calendar
year. All proceedings of the Committee shall be open to the public, and
a record of the proceedings shall be made available for public
inspection.
(d) The Secretary shall furnish to the Committee an executive
secretary and such secretarial, clerical, and other services as are
considered necessary for the conduct of its business. There are
authorized to be appropriated such sums as may be necessary to implement
the provisions of this subsection.
(e) Unless extended by subsequent Act of Congress, the Committee
shall terminate five years from the date of enactment of this Act.
Approved October 6, 1980.
LEGISLATIVE HISTORY:
CONGRESSIONAL RECORD, Vol. 126 (1980):
June 23, considered and passed House.
Sept. 23, considered and passed Senate.
PUBLIC LAW 96-379, 94 STAT, 1520
Mexico) to the Santa Rosa Dam
and Lake, and to designate Clark Hill Dam and Lake
on the Savannah River,
Georgia and South Carolina, as " Clarks Hill Dam
and Lake".
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the Los Esteros Dam
in New Mexico, authorized by Public Law 83 - 780, shall hereafter be
identified and known as the Santa Rosa Dam and Lake.
Sec. 2. The Clark Hill Dam and Lake, Georgia and South Carolina,
project, authorized by Public Law 534, Seventy-eighth Congress, approved
December 22, 1944, shall hereafter be known and designated as " Clarks
Hill Dam and Lake". Any reference in any law, regulation, map,
document, record or other paper of the United States to such dam and
lake, shall be held and considered to be a reference to " Clarks Hill
Dam and Lake".
Approved October 6, 1980.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 96 - 1336 (Comm. on Public Works and
Transportation).
SENATE REPORT No. 96 - 742 (Comm. on Environment and Public Works).
CONGRESSIONAL RECORD, Vol. 126 (1980):
June 5, considered and passed Senate.
Sept. 29, considered and passed House.
PUBLIC LAW 96-378, 94 STAT, 1513
to small vessels carrying
passengers or freight for hire, and for other purposes.
Be it enacted by Senate and House of Representatives of the United
States of America in Congress assembled, That (a) section 4426 of the
Revised Statues (46 U.S.C. 404), is amended so that the first portion of
the section, commencing with the words "4426. The hulls and boilers of
every ferryboat," and ending with the words "after December 31, 1953:
Provided further," reads as follows:
" Sec. 4426. The hulls and boilers of every ferryboat, canal boat,
yacht, or other small craft of like character propelled by steam, shall
be inspected under the provisions of this title. All mechanically
propelled vessels of one hundred gross tons or over, except those
vessels propelled by machinery other than steam and engaged in fishing
as a regular business, which carry freight or passengers for hire shall
likewise be inspected under the provisions of this title. The Secretary
of the department in which the Coast Guard is operating shall issue
regulations as may be necessary to carry out the provisions of this
section for the inspection of hulls,machinery, and equipment; for the
manning of these vessels; and for the duties and qualifications the
personnel thereof. Other applicable provisions of law and the
regulations issued hereunder shall be complied with before a certificate
of inspection may be issued: Provided, That no such vessel of three
hundred gross tons or over may be navigated without a licensed engineer
and a licensed deck officer: Provided further, That, for any violation
of the provisions of this title or of the regulations issued thereunder,
these vessels, their masters, officers, and owners shall be subject to
the provisions of sections 4496, 4497, 4498, 4499, and 4500 of this
title, // 46 USC 494 - 498. // relating to the imposition of penalties
and the enforcement of law: Provided further,".
(b) Title 52 of the Revised Statutes is amended by adding the
following new section after section 4426:
" Sec. 4426a. // 46 USC 401 - 1. // (1) An offshore supply vessel is
a vessel that--,
"(i) is propelled by machinery other than steam,
"(ii) is not within the description of passenger carrying
vessels in section 1 of the Act of May 10, 1956 (70 Stat. 151), as
amended (46 U.S.C. 390),
"(iii) is of more than fifteen and less than five hundred gross
tons, and
"(iv) regularly carries goods, supplies, or equipment in
support of exploration, exploitation, or production of offshore
mineral or energy resources.
"(2) An existing offshore supply vessel is one that was operating as
such on or before January 1, 1979, or that, if not in service of any
kind on or before that date, was contracted for on or before that date
and entered service as such before the effective date of this section.
"(3) A new offshore supply vessel is one that is not an existing
offshore supply vessel.
"(4) In the application of section 4417 or 4426 of this title or the
Act of May 10, 1956 (70 Stat. 151), // 46 USC 391; // as amended (46
U.S.C. 390 - 390g), to an offshore supply vessel, the term 'passenger'
means any person carried on board the vessel other than--,
"(i) the owner;
"(ii) a representative of owner;
"(iii) the master;
"(iv) a bona fide member of crew engaged in the business of the
vessel who has contributed no consideration for carriage on board
and is paid for services on board;
"(v) an employee of the owner, or of a subcontractor to the
owner, employed in the business of the owner;
"(vi) charterer of the vessel;
"(vii) a person with the same relationship to a charterer as a
person in (ii) or (v) above has to an owner;
"(vii) a person employed in some phase of exploration,
exploitation, or production of offshore mineral or energy
resources served by the vessel; or
"(ix) a borna fide guest who has contributed no consideration
for carriage on board.
"(5) The terms 'freight for hire' in section 4426 of this title and
'freight carrying vessel' in the Act of May 10,1956 (70 Stat. 151),as
amended (46 U.S.C. 390 - 390g), have no application to an offshore suppy
vessel.
"(6) Each new offshore supply vessel is subject to inspection as
follows:
"(i) a vessel of above fifteen and less than one hundred gross
tons is subject to inspection to the same extent as a freight
carrying vessel as defined in the Act of May 10, 1956 (70 Stat.
151), as amended (46 U.S.C. 390 - 390g).
"(ii) a vessel of one hundred gross tons and less than five
hundred gross tons is subject to inspection under this title to
the same extent as a vessel propelled in whole or in part by
steam.
In issuing regulations for the inspection of these vessels, the
Secretary of the department in which the Coast Guard is operating shall
take into consideration the characteristics of these vessels, their
method of operations, and the service in which they are engaged.
"(7) Each existing offshore supply vessel is likewise subject to
inspection under this title or under the Act of May 10,1956 (70 Stat.
151), as amended (46 U.S.C. 390 - 390g), as applicable. Such a vessel,
however, shall not be subject to rules, regulations, or standards for
major structural or major equipment requirements unless compliance
therewith is necessary in order to remove an especially hazardous
condition. Each existing offshore supply vessel that does not possess
avalid certificate of inspection issued by the Secretary shall be
registered by its owner with the Secretary within three months of the
date of enactment of this section. The Secretary shall cause the
initial inspection of each such vessel to be made within two years of
its registration date. Upon registration each existing offshore supply
vessel shall be held to be in compliance with all applicable vessel
inspection laws pending verification by actual inspection. The
Secretary shall establish a reasonable time schedule to bring vessels
subject to this subsection into compliance with applicable requirements.
For the interim period, between registration and initial inspection, the
Secretary shall prescribe a manning level for each such vessel in
accordance with applicable law. On or after January 1, 1989, each
existing offshore supply vessel that is twenty years or older shall be
subject to inspection under subsection (6) of this section.
"(8) No offshore supply vessel may be navigated without a licensed
deck officer and, if over two hundred gross tons, without a licensed
engineer. "(9) No offshore supply vessel operating on January 1, 1979,
under a certificate of inspection issued by the Secretary shall be
subjected to any higher standards or new inspection requirements as a
result of the enactment of this section. "(10) No offshore supply vessel
may carry passengers except in an emergency. An offshore supply vessel
that takes aboard one or more passengers in an emergency does not alter
its character as an offshore supply vessel under this section.".
Sec. 2. Section 4438 of the Revised Statutes (46 U.S.C. 224), is
amended to read as follows:
" Sec. 4438. The Secretary of the department in which the Coast
Guard is operating shall license and classify the masters, chief mates,
and second and third mates, engineers and pilots of all vessels subject
to the vessel inspection or manning laws of the United State. In
classifying licensed officers under this section, the Secretary shall,
where possible, establish suitable career patterns,and service and other
qualifying requirements, appropriate to the particlar service or
industry in which the officers are engaged. It shall be unlawful to
employ any person or for any person to serve as a master, mate,
engineer, or pilot of any such vessel, when required to be licensed by
the laws of the United States, or the regulations issued in
implementation thereof, who is not licensed by the Secretary. Anyone
violating this section is liable to a civil penalty of not more than
$500 for each offense. Each day of a continuing violation shall
constitute a separate offense.".
Sec. 3. The Act of May 10, 1956 (70 Stat. 151), as amended (46 U.S.
C. 390 - 390g), is amended as follows:
(1) Section 1(a) // 46 USC 390. //
is amended by striking the words "passenger--, carrying".
(2) Section 1(b) is amended to read as follows: "(b) The term
'passenger-carrying vessel' means any vessel which carries more than six
passengers, and which is (1) propelled in whole or in part by steam or
by any form of mechanical or electrical power and is of less than one
hunder gross tons; (2) propelled by sail and is of seven hundred gross
tons or less; or (3) non-self-propelled and is of one hundred gross
tons or less; except any public vessel of the United States or of any
foreign state, or any lifeboat forming part of a vessel's lifesaving
equipment. The term includes (1) a domestic vessel operating on the
navigable waters of the United States, or on the high seas outside of
those waters and within the normal operating range of the vessel, (2) a
foreign vessel departing from a port of the United States.".
(3) Section 1 is amended by adding new subsection as follows:
"(e) The term 'freight-carrying vessel' means a vessel which carries
freight for hire, is propelled by machinery, and is above fifteen gross
tons and less than one hundred gross tons. The term does not include
(1) vessel propelled by machinery other than steam and engaged in
fishing as a regular business, or (2) vessels of foreign registry.".
(4) Section 2(a) // 46 USC 390a. // is amended by striking the words
"passenger-carrying vessel," and inserting in lieu thereof the words
"passenger-carrying vessel and each freight-carrying vessel,".
(5) Section 3 // 46 USC 390b. // is amended by striking the words
"passenger-carrying vessels" and inserting in lieu thereof the words
"passenger-carrying vessels and freight-carrying vessels".
(6) Sections 4 and 5 // 46 USC 390c, 390d. // are amended by
striking in four places the words "passenger-carrying vessel" and
inserting in lieu thereof the words "passenger-carrying vessel or
freight-carrying vessel".
Sec. 4. Section 13 of the Act of March 4, 1915 (38 Stat. 1169), as
amended (46 U.S.C. 672), is amended to read as follows:
" Sec. 13. (a) All vessels of one hundred gross tons or over shall
meet the requirements of this section and the regulations issued
hereunder by the Secretary of the department in which the Coast Guard is
operating, hereinafter referred to as ' Secretary', except--,
"(1) vessels navigating exclusively on the rivers and smaller
inland lakes of the United States; and
"(2) non-self-propelled vessels, other than barges subject to
section 10 of the Act of May 28, 1908 (35 Stat. 428), as amended
(46 U.S.C. 385), or section 4417(a) of the Revised Statutes (46
U.S.C. 391a).
"(b) Every person may be rated an able seaman and qualified to serve
as such who is eighteen years of age or older; meets the regulatory
requirements with respect to sight, hearing, and physical condition;
meets the applicable professional knowledge examination or educational
requirements; and meets the following applicable service requirements:
"(1) ' Able seaman' qualified for unlimited service on any
vessel and on any waters shall have at least three years' service
on deck
on vessels operating on the oceans or the Great Lakes.
"(2) ' Able seaman-limited' qualified for limited service on
any vessel on any waters shall have at least eighteen months'
service on deck on vessels subject to this section operating on
the oceans or the navigable waters of the United States including
the Great Lakes.
"(3) ' Able seaman-special' qualified for special service on
any vessel on any waters shall have at least twelve months'
service on deck on vessels operating on the oceans or the
navigable waters of the United States including the Great Lakes.
For service on a vessel of less than five hundred gross tons
engaged in support of exploration, exploitation, or production of
offshore mineral or energy resources, a person may be rated as
able seaman-special who has at least six months service on deck on
vessels operating on the oceans or the navigable waters of the
United States including the Great Lakes.
"(c) ' Service on deck' means service in the deck department in work
related to the work usually performed aboard vessels by able seamen and
may include service on decked fishing vessels and on public vessels of
the United States. Three hundred and sixty days shall be equal to one
year's service, and a day shall be equal to eight hours of labor or
duty. A graduate of a school ship approved by the Secretary may be
rated as able seaman upon satisfactory completion of the course of
instruction. The satisfactory completion of other relevant training
pograms approved by the Secretary may be substituted for not more than
one-third of the required service on deck in accordance with applicable
regulations. These regulations may not allow substitution for time
spent in these training programs for the required service on deck in a
ratio greater than three to one.
"(d) No person below the rating of able seaman shall permitted at the
wheel in ports, harbors, and other waters subject to congested vessel
traffic; or under conditions of reduced visibility, adverse weather, or
other hazardous circumstances.
"(e) No vessel subject to this section may depart from any port of
the United States unless the following provisions are complied with:
"(1) Not less than 75 per centum of the crew in each department
are able to understand any order given by the officers of the
vessel.
"(2) Al least 65 per centum of the deck crew, exclusive of
licensed officers, are of a rating not less than able seaman.
This
percentage may be reduced to 50 per centum on vessels that are
permitted by the Act of March 4, 1915 (38 Stat. 1164), as amended
(46 U.S.C. 673), to maintain a two watch system. Able seamen
shall not be required on tugs and towboats operating on the bays
and sounds connected directly with the ocean.
"(f) Employment of persons rated as able seaman under subsection (b)
of this section shall be in accordance with the following scale:
"(1) Persons qualified as able seaman may constitute the entire
complement of able seamen required on any vessel.
"(2) Persons qualified as able seaman-limited may constitute
the entire complement of able seamen required on a vessel of less
than one thousand six hundred gross tons or on a vessel operating
on the Great Lakes and the Saint Lawrence River as far east as
Sept iles; persons qualified as able seaman-limited may consitute
up to 50 per centum of the complement of able seamen required
aboard other vessels.
"(3e Persons qualified as able seaman-special may constitute
the entire complement of able seamen required on a vessel of five
hundred gross tons or less, or on a seagoing barge, tug, or
towboat and may constitute up to 50 per centum of the complement
of able seamen required aboard other vessels.
"(4) In no case in which the service of able seaman-limited or
able seaman-special is authorized for only a part of the required
complement of able seamen aboard a vessel may the combined
percentage of persons so qualified be greater than 50 per centum
of the required complement.
"(g) No vessel may be navigated unless all of the complement in her
engine department above the rating of coal passer or wiper and below
licensed officer shall be the holders of a certificate of service,
attesting to proficiency as a qualified member of the engine department.
An applicant for this rating shall have six months' service at sea in a
rating at least equal to that of coal passer or wiper. A graduate of a
school ship approved by the Secretary may be rated as a qualified member
of the engine department upon satisfactory completion of the course of
instruction. The satisfactory completion of other courses of
instruction approved by the Secretary may be substituted for not more
than one-half of the required service at sea in accordance with
applicable regulations.
"(h) It is unlawful to employ any person, or for any person to serve
aboard a vessel to which this section applies, other than a licensed
officer, if that person does not have a certificate of service attesting
to proficiency issued by the Secretary.
"(i) The Secretary shall issue regulations as may be necessary to
carry out the provisions of this section. These regulations shall,
among other things, establish procedures for the processing,
verification, examination, and retention of records and affidavits
related to the issuance of certificates of service attesting to
proficiency.
"(j) Enery master, person in charge, owner, or operator who violates
a provision of this section or of the regulations issued hereunder, and
every vessel that is navigated in violation of this section or of the
regulations issued hereunder is equally and severally liable to a civil
penalty of not more than $500 for each offense.".
Sec. 5. The provisions of section 4 of the Act of June 25, 1936 (49
Stat. 1935), // 46 USC 660b, 643a. // The provisions of section 4 of
the Act of June 25, 1936 (49 Stat. 1935), // 46 USC 660b, 643a. // as
amended (46 U.S.C. 660a), with respect to crew quarters; and section
4551 of the Revised Statutes of the United States (46 U.S.C. 643), shall
not apply to non-self-propelled vessels, other than barges subject to
section 10 of the Act of May 28, 1908 (35 Stat. 428), as amended (46
U.S.C. 395), or section 4417 (a) of the Revised Statutes (46 U.S.C.
391a).
Sec. 6. Section 2 of the Act of May 11, 1918 (40 Stat. 549; 46 U.
S.C. 223), is further amended: (1) by adding immediately before the
last clause, the following; " That an offshore supply vessel, as
defined in section 4426a of the Revised Statutes shall, when on a voyage
of less than six hundred miles, have on board and in her service one
licensed mate, but if any such vessel is engaged on a voyage of six
hundred miles or more, then such vessel shall have two licensed mates.";
and (2) by striking in the last clause the reference "the Act of June
Ninth, Nineteen Hundred and Ten," and inserting in lieu thereof "the Act
of April 25, 1940, c. 155, 54 Stat. 163,". // 46 USC 526 - 526w. //
Sec. 7. Section 2 of the Act of March 4, 1915 (38 Stat. 1164), as
amended (46 U.S.C. 673), is amended by deleting from the last proviso
the words "tugs and barges" and inserting in lieu thereof the following:
"tugs, barges, and offshore supply vessels as defined in section 4426a
of the Revised Statutes,".
Sec. 8. Section 4399 of the Revised Statutes (46 U.S.C. 361), is
amended to read as follows:
" Sec. 4399. Every vessel propelled in whole or in part by steam and
every vessel subject to inspection propelled by machinery other than
steam is a steam vessel within the meaning of this title.".
Sec. 9. Section 1 of the Act of April 25, 1940 (54 Stat. 163; 46 U.
S.C. 526 - 526t), // 46 USC 526. // is amended to read as follows: "
That the word 'motorboat' where used in this Act includes every vessel
propelled by machinery and not more than sixty-five feet in length
except tugboats and towboats propelled by steam. The length shall be
measured from end to end over the deck, excluding sheer.".
Sec. 10. The Secretary of the department in which the Coast Guard is
operating may, for a period of two years after the effective date of
this Act, // 46 USC 22j // issue a temporary license as master, mate, or
engineer,or certificate of service as able seaman or qualified member of
the engine department to any person who on or before January 1, 1979,
was serving in such a capacity on board an offshore supply vessel as
defined in section 4426a of the Revised Statutes. This license or
certificate may be for a term no longer than three years. It may not be
renewed, nor may more than one such license or certificate be issued to
any person, except for replacements occasioned by loss of a license or
certificate. A person holding such a license or certificate may not
serve under it on any vessel other than an offshore supply vessel. To
qualify for a temporary license or certificate the person must apply to
the Secretary within three months of the date of enactment of this Act.
The Secretary shall acknowledge receipt of that application and advise
the person of those positions in which he may serve pending issuance of
a temporary license or certificate. Upon receipt of that
acknowledgement the person shall be deemed to be in compliance with the
appropriate statutes dealing with licensing or certification of merchant
marine personnel pending issuance of the temporary license or
certificate. Before issuing such a license or certificate, the
Secretary shall satisfy himself that the applicant has sufficient
qualifications and experience as to warrant the belief that the
applicant's continued service in the position for which he is being
licensed or certificated will be consistent with the safety of the
vessel. Any temporary license,certificate, or acknowledgement of
application issued under this subsection is subject to suspension and
revocation on the same grounds and with like procedure as provided in
section 4450 of the Revised Statutes. // 46 USC 239. //
Sec. 11. The following laws are repealed, except with respect to
rights and duties that matured, penalties that were incurred, and
proceedings that were begun before the date of enactment of this Act:
(a) the Acts of July 8, 1941, chapters 279 and 280 (55 Stat.
579), (46 U.S.C. 672 - 2 and 672 - 1, respectively);
(b) the Act of September 25, 1941 (55 Stat. 732; 46 U.S.C 672b
- 1);
(c) the Act of June 16, 1938 (52 Stat. 753; 46 U.S.C. 672b,
660b, 643a, and 672c); and
(d) section 18 of the Act of April 25, 1940 (54 Stat. 166; 46
U.S.C. 526q).
Approved October 6, 1980.
LEGISLATIVE HISTORY:
HOUSE REPORTS: No. 96 - 1075 (Comm. on Merchant Marine and
Fisheries) and No. 96 - 1342 (Comm. of Conference).
SENATE REPORT No. 96 - 886 (Comm. on Commerce, Science, and
Transportation).
CONGRESSIONAL RECORD, Vol. 126 (1980):
June 30, considered and passed House.
Aug. 18, considered and passed Senate, amended.
Sept. 18, Senate agreed to conference report.
Sept. 23, House agreed to coference report.
PUBLIC LAW 96-377, 94 STAT, 1512
permitting an increase in the
investment yield on United States savings bonds above
the existing 7 per centum
ceiling, and by increasing the amount of the bonds
paying interest in excess of
4 1/4 per centum which may be outstanding.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That, with respect to
interest accrual periods beginning after the date of the enactment of
this Act, paragraph (3) of section 22(b) of the Second Liberty Bond Act
(31 U.S.C. 757c) is amended to read as follows:
"(3) The Secretary of the Treasury, with the approval of the
President, may fix the investment yield on any United States savings
bond at a yield which is above the 5 1/2 per centum limitation contained
in paragraph (1). The aggregate of the increases in investment yield
which may take effect during any 6-month period pursuant to the
preceding sentence for any United States savings bonds may not exceed 1
per centum per annum compounded semiannually."
Sec. 2. (a) Effective on the date of the enactment of this Act, the
last sentence of the second paragraph of the first section of the Second
Liberty Bond Act (31 U.S.C. 752) is amended by striking out
"$50,000,000,000" and inserting in lieu thereof "$54,000,000,000".
(b) Effective on October 1, 1980, the last sentence of the second
paragraph of the first section of such Act is amended by striking out
"$54,000,000,000" and inserting in lieu thereof "$70,000,000,000".
Approved October 3, 1980.
LEGISLATIVE History:
HOUSE REPORT No. 96 - 1180 (Comm. on Ways and Means).
SENATE REPORT No. 96 - 911 (Comm. on Finance).
CONGRESSIONAL RECORD, Vol. 126 (1980):
July 28, considered and passed House.
Sept. 26, considered and passed Senate.
PUBLIC LAW 96-376, 94 STAT, 1509
fiscal year 1981, to authorize
supplemental appropriations for fiscal year 1980, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That funds are hereby
authorized to be appropriated for necessary expenses of the Coast Guard
for fiscal year 1981, as follows:
(1) for the operation and maintenance of the Coast Guard,
including expenses related to the Capehart housing debt reduction:
$1,248,367,000;
(2) for the acquisition, construction, rebuilding, and
improvement of aids to navigation, shore facilities, vessels, and
aircraft, including equipment related thereto: $469,320,000;
(3) for the alteration or removal of bridges over navigable
waters of the United States, constituting obstructions to
navigation: $16,200,000; and
(4) for research, development, test, and evaluation:
$30,000,000.
Sec. 2. For fiscal year 1981, the Coast Guard is authorized an
end-of--, year strength for active duty personnel of 39,600: Provided,
That the ceiling shall not include members of the Ready Reserve called
to active duty under the authority of section 764 of title 14, United
States Code.
Sec. 3. For fiscal year 1981, average military training student
loads for the Coast Guard are authorized as follows:
(1) recruit and special training: 4,175 student-years;
(2) flight training: 117 student-years;
(3) professional training in military and civilian
institutions: 595 student-years; and
(4) officer acquisition: 925 student-years.
Sec. 4. The second sentence of subsection 475(a) of title 14, United
States Code, is amended to read as follows: " When any such lease
involves housing facilities in a foreign country, the lease may be made
on a multiyear basis for a period not to exceed five years, and, in
accordance with local custom and practice, advance payment may be made
for the lease.".
Sec. 5. The third sentence of subsection 650(a) of title 14, United
States Code, is amended to read as follows: " In these regulations,
whenever the fund is extended to include items not previously stocked,
or spare parts obtained as part of a procurement under a different
account of major items such as vessels or aircraft, whether or not such
parts were previously stocked, the Secretary may authorize an increase
in the existing capital of the fund by the value of such usable
materials transferred thereto from Coast Guard inventories carried in
other accounts.".
Sec. 6. The last sentence of subsection 214(d) of title 14, United
States Code, is amended to read as follows: " A person who is appointed
under this section may not suffer any reduction in the rate of pay and
allowances to which he would have been entitled had he remained in his
former grade and continued to receive the increases in pay and
allowances authorized for that grade.".
Sec. 7. (a) Chapter 13 of title 14, United States Code, is
amended by
adding a new section 512 as follows:
" Section 512. // 14 USC 512. // Monetary allowance for
transportation of household effects
" The transportation and reimbursement authorized by subsection (b)
of section 406 of title 37, United States Code, shall be available
hereafter to pay a monetary allowance in place of such transportation to
a member who, under regulations prescribed by the Secretary,
participates in a program designated by the Secretary in which his
baggage and household effects are moved by a privately owned or rental
vehicle. This allowance shall not be limited to reimbursement for
actual expenses and may be paid in advance of the transportation of the
baggage and household effects. The allowance shall, however, be in an
amount that will result in savings to the Government when the total cost
of the movement of baggage and household effects is compared with the
cost that otherwise would have been incurred under subsection (b) of
section 406 of title 37, United States Code.".
(b) The analysis of chapter 13 of title 14, United States Code, is
amended by adding the following item at the end thereof:
"512. Monetary allowance for transportation of household effects.".
Sec. 8. // 46 USC 382b-1. // When an inspection or examination of a
vessel documented or to be documented as a vessel of the United States
is conducted at a foreign port or place at the request of the owner or
operator of the vessel, that owner or operator shall reimburse the
Secretary of the department in which the Coast Guard is operating for
the travel and subsistence expenses incurred by the personnel assigned
to perform the inspection or examination. Amounts received as
reimbursement for these expenses shall be credited to the appropriation
for operating expenses of the Coast Guard.
Sec. 9. The joint resolution of June 4, 1958 (72 Stat. 179; 36 U.
S.C. 161) is amended by striking the words "week which includes July 4"
and inserting in lieu thereof the words "week commencing on the first
Sunday in June".
Sec. 10. (a) Chapter 17 of title 14, United States Code, is amended
by adding a new section 660 as follows:
" Section 660. // 14 USC 660. // Transportation to and from certain
places of employment
"(a) Whenever the Secretary determines that it is necessary for the
effective conduct of the affairs of the Coast Guard, he may, at
reasonable rates of fare fixed under regulations to be prescribed by
him, provide assured and adequate transportation by motor vehicle or
water carrier to and from their places of employment for persons
attached to, or employed by, the Coast Guard; and during a war or
during a national emergency declared by Congress or the President, for
persons attached to, or employed in, a private plant that is
manufacturing material for the Coast Guard.
"(b) Transportation may not be provided under subsection (a) unless
the Secretary or an officer designated by the Secretary, determines
that--,
"(1) other transportation facilities are inadequate and cannot
be made adequate;
"(2) a reasonable effort has been made to induce operators of
private facilities to provide the necessary transportation; and
"(3) the service to be furnished will make proper use of
transportation facilities and will supply the most efficient
transportation to the person concerned.
"(c) To provide transportation under subsection (a), the Secretary
may--,
"(1) buy, lease, or charter motor vehicles or water carriers
having a seating capacity of 12 or more passengers;
"(2) maintain and operate that equipment by enlisted members or
employees of the Coast Guard, or by private persons under
contract; and
"(3) lease or charter the equipment to private or public
carriers for operation under terms that are considered necessary
by the Secretary or by an officer designated by the Secretary, and
that may provide for the pooling of government-owned and privately
owned equipment and facilities and for the reciprocal use of that
equipment.
"(d) Fares received under subsection (a), and proceeds of the leasing
or chartering of equipment under subsection (c)(3), shall be covered
into the Treasury as miscellaneous receipts.".
(b) The analysis of chapter 17 of title 14, United States Code, is
amended by adding the following item at the end thereof:
"660. Transportation to and from certain places of employment.".
Sec. 11. Paragraph (1) of the first section of Public Law 96 - 23
(93 Stat. 68) is amended by striking "$1,058,357,000;" and substituting
"1,091,357,000;".
Sec. 12. // 14 USC 656 // The President shall submit to the Congress,
with the fiscal year 1982 budget request for the Coast Guard and each
subsequent budget request, the current copy of the Coast Guard's Capital
Investment Plan, Cutter Plan, Aviation Plan, and Shore Facilities Plan.
Sec. 13. Section 2(c) of Public Law 96 - 324 is amended by striking
the words "the Canal Zone,".
Approved October 3, 1980.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 96 - 909 accompanying H.R. 6672 (Comm. on Merchant
Marine and Fisheries).
SENATE REPORT No. 96 - 779 (Comm. on Commerce, Science, and
Transportation).
CONGRESSIONAL RECORD, Vol. 126 (1980):
June 23, considered and passed Senate.
Sept. 15, H.R. 6672 considered and passed House; passage
vacated and S. 2489, amended, passed in lieu.
Sept. 22, Senate concurred in House amendments.
PUBLIC LAW 96-375, 94 STAT, 1505
feasibility investigations of
certain water resource developments, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the Secretary of
the Interior is hereby authorized to engage in feasibility studies of
the following proposals:
(1) Hungry Horse Project, Hungry Horse Powerplant Enlargement and
Reregulating Reservoir, located on the South Fork of the Flathead River
in Flathead County, Montana.
(2) Boise Project, Power and Modification Study, located in
southwestern Idaho (Ada, Boise, Canyon, Elmore, Gem, Payette, and Valley
Counties) and in eastern Oregon (Malheur County).
(3) San Francisco Bay Area Waste Water Reclamation Project, located
in the San Francisco Bay area and western San Joaquin Valley of
California.
(4) San Joaquin Valley Drainage Investigation with a study area in
the San Joaquin River basin, Tulare basin, and the Sacramento-San
Joaquin Delta-Suisun Bay area of California.
(5) Delta Overland Water Service Facilities, located in the
Sacramento, San Joaquin, Solano, and Contra Costa Counties of
California.
(6) Chino Valley Project, located in north central Yavapai County and
south central Coconino County in Arizona.
(7) North Platte River Hydroelectric Power Study, Pick-Sloan Missouri
Basin Program, Western Division, located in Natrona and Carbon Counties,
Wyoming.
(8) Wind-Hydroelectric Energy Project in Carbon and Albany Counties,
Wyoming.
(9) Lake Meredith Salinity Project, in Quay County, New Mexico, and
Oldham, Potter, Moore, Carson, and Hutchinson Counties in Texas.
(10) Colorado-Big Thompson Powerplants of the Pick-Sloan Missouri
Basin Program in Colorado.
(11) The relocation of the intake of the Contra Costa County Water
District Canal from Rock' Slough to the vicinity of the Clifton Court
Forebay in Contra Costa County, California.
(12) The Los Vaqueros Dam, pump-generating plant, and related
features at a site approximately eight miles west of the Clifton Court
Forebay in Contra Costa County, California.
(13) The obtaining of a water supply of up to ten thousand acre-feet
per year for existing and potential domestic, recreational, and
municipal water users along the Colorado River in California who do not
hold water rights or whose rights are insufficient to meet their
requirements.
(14) To determine the cause and extent of the high groundwater levels
which developed in and adjacent to the town of Moses Lake, Washington,
following the initigation of the lands in and adjacent to the town and
determine by the studies authorized herein measures to resolve the
problems caused by the high water levels in the area.
(15) The Cle Elum Dam and Tieton Dam powerplants, Yakima Project,
Washington.
(16) The Owyhee Dam powerplant, Owyhee Project, Oregon.
(17) The Wichiup Dam powerplant, Deschutes Project, Oregon.
(18) The Tiber Dam powerplant, Lower Marias Unit, Marias Division,
Pick-Sloan Missouri Basin Program, Montana.
(19) The New Siphon Drop powerplant, Yuma Project, Arizona--,
California.
(20) The Guernsey Dam powerplant enlargement, North Platte Project,
Wyoming.
(21) Increasing the height of the Theodore Roosevelt Dam, Salt River
Project, Arizona.
(22) The Sly Park Extension Unit, American River Division, Central
Valley Project, California.
(23) The Prineville Dam powerplant, Crooked River Project, Oregon.
Sec. 2. (a) The Secretary of the Interior is hereby authorized to
engage in feasibility studies relating to enlarging Shasta Dam and
Reservoir, Central Valley Project, California, or to the construction of
a larger dam on the Sacramento River, California, to replace the present
structure.
(b) The Secretary of the Interior is further authorized to engage in
feasibility studies for the purpose of determining the potential costs,
benefits, environmental impacts, and feasibility of using the Sacramento
River for conveying water from the enlarged Shasta Dam and Reservoir or
the larger dam to points of use downstream from the dam.
(c) Before funds are expended for the feasibility studies authorized
by this section, the State of California shall agree to participate in
the studies and to participate in the costs of the studies. The State's
share of the costs may be partly or wholly in the form of services
directly related to the conduct of the studies.
Sec. 3. The Secretary of the Interior is authorized to review and
revise, as may be necessary, the feasibility study of the Kellogg Unit,
Central Valley Project, Contra Costa County, California.
Sec. 4. In preparing the studies and review authorized by
subsections (11) and (12) of section 1 and section 3, the Secretary of
the Interior shall fully describe all potential beneficial or detrmental
impacts resulting from the construction or operation of the projects
under study. The Secretary shall further make recommendations to the
Congress for assuring that neither the construction nor the operation of
any such project results in the deterioration of the water quality and
ecology of the Sacramento-San Joaquin Delta or the San Francisco Bay
estuarine system.
Sec. 5. (a) Notwithstanding any other provision of law, the
Secretary of the Interior is authorized to enter into new negotiated
concession agreements with the present concessionaires at Lake
Berryessa, California. Such agreements shall be for a term ending not
later than May 26, 1989, and may be renewed at the request of the
concessionaire with the consent of the Secretary of the Interior for no
more than two consecutive terms of 10 years each. Concession agreements
may be renegotiated preceding renewal. Such agreements must comply with
the 1959 National Park Service Public Use Plan for Lake Berryessa, as
amended, and with the Water and Power Resources Service Reservoir Area
Management Plan: Provided, That the authority to enter into contracts
or agreements to incur obligations or to make payments under this
section shall be effective only to the extent and in such amounts as are
provided in advance in appropriation Acts.
(b) Notwithstanding any other laws to the contary, all permanet
facilities placed by the concessionaires in the seven resorts at Lake
Berryessa shall be considered the property of the respective current
concessionaires. Further, any permanent additions or modifications to
these facilities shall remain the property of said concessionaires:
Provided, That at the option of the Secretary of the Interior, the
United States may require that the permanent facilities mentioned herein
not be removed from the concession areas, and instead, pay fair value
for the permanent facilities or, if a new concessionaire assumes
operation of the concession, require that concessionaire to pay fair
value for the permanent facilities to the existing concessionaire.
Sec. 6. The Reclamation Project Authorization Act of 1972 (Public
Law 92 - 514, 86 Stat. 964) is amended--,
(a) by inserting in section 101 of such Act, following "on this
project", "as modified by the plans shown in the Definite Plan
Report of the Water and Power Resources Service, dated November
1979";
(b) by inserting in section 102(b) of such Act,
// 86 Stat. 965. //
following "domestic
wells in existence", "outside the project boundary"; and
(c) by striking in section 109 of such Act
// 86 Stat. 966. //
"$18,246,000 (April 1972 prices)" and inserting in lieu thereof
"$57,139,000 (October 1979 prices)".
Sec. 7. The Curecanti Storage Unit of the Colorado River Storage
Project constructed under the authority of the Act of April 11, 1956 (70
Stat. 106) // 43 USC 620, 621i, 620k // is hereby designated and
hereafter shall be known as the Wayne N. Aspinall Storage Unit of the
Colorado River Storage Project. Any law, regulation, record, map, or
other document of the United States referring to the Curecanti Storage
Unit shall be held to refer to the Wayne N. Aspinall Storage Unit.
Sec. 8. Section 1(5) of the Act of July 2, 1956 (70 Stat. 483), //
43 USC 485h-1. // is hereby amended to read as follows: "(5) Provide
for payment of rates under any contract entered into pursuant to said
subsection (e) in advance of delivery of water on an annual, semiannual,
bimonthly, or monthly basis as specified in the contract."
Sec. 9. The Secretary of the Interior in coordination with the
Secretary of Energy shall conduct a three-year study of the feasibility
of integrating a solar powerplant in Arizona, Nevada, and California
into the Federal hydroelectric system, including but not limited to
consideration of the applicable solar technology, the operation of the
Federal hydroelectric system and the integration of electric power
generated by such a powerplant in the Federal system. The study shall
specifically consider operations of Department of Energy Project 76 -
2-b, 10 MW Solar Thermal Power and related technology development. The
Secretary shall complete the study by January 1, 1984 and submit a
report to the President and the Congress.
Sec. 10. That the proviso contained in section 201 of the Colorado
River Basin Project Act (43 U.S.C. 1511) is amended by striking out "the
Secretary" and inserting in lieu thereof "any Federal official".
Sec. 11. Section 206 of Public Law 92 - 514 is amended to read as
follows: " There is hereby authorized to be appropriated for
construction of the Brantley project the sum of $172,728,000 (based on
April 1979 prices), plus or minus such amounts, if any, as may be
justified by reason of changes in the construction costs as indicated by
engineering cost indexes applicable to the types of construction
involved and, in addition thereto, sums as may be required for operation
and maintenance of the project.".
Sec. 12. The Secretary of the Interior is hereby authorized to
engage in feasibility studies of the following salinity control
proposals:
(1) Lower Gunnison Basin unit, located in Delta, Montrose, and
Ouray Counties, Colorado.
(2) Glenwood-Dotsero Springs unit, located in Garfield and
Eagle Counties, Colorado.
(3) Meeker Dome unit, located in Rio Blanco County, Colorado.
(4) Mc Elmo Creek unit, located in Montezuma County, Colorado.
(5) Uinta Basin unit, located in Duchesne and Uintah Counties,
Utah.
(6) Dirty Devil River unit, located in Sanpete, Sevier, Emery,
and Wayne Counties, Utah.
(7) Price-San Rafael Rivers unit, located in Carbon, Emery, and
Sapete Counties, Utah.
(8) La Verkin Springs unit, located in Washington County, Utah.
(9) Lower Virgin River unit, located in Clark County, Nevada,
and Mohave County, Arizona.
(10) Big Sandy River unit, located in Sweetwater County,
Wyoming.
Sec. 13. Nothing in this Act shall be interpreted to preclude or
delay issuance of a license by the Federal Energy Regulatory Commission.
Approved October 3, 1980.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 96 - 710 (Comm. on Interior and Insular Affairs).
SENATE REPORT No. 96 - 890 accompanying H.R. 5278, and No. 96 - 938
accompanying S. 3017 (Comm. on Energy and Natural Resources).
CONGRESSIONAL RECORD, Vol. 126 (1980):
Feb. 5, considered and passed House.
Sept. 17, considered and passed Senate, amended, in lieu of S.
3017.
Sept. 24, House concurred in Senate amendment.
PUBLIC LAW 96-374, 94 STAT, 1367, EDUCATION AMENDMENTS OF 1980
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That this Act // 20 USC
1001 // may be cited as the " Education Amendments of 1980".
HIGHER EDUCATION
ACT OF 1965
Sec. 101. New programs established.
AND
PLANNING
Postsecondary Education
" Sec. 101. Findings.
" Sec. 102. Establishment of the Commission on National Development
in Postsecondary Education.
" Sec. 103. Duties of the Commission.
" Sec. 104. Powers and administrative provisions.
" Sec. 105. Authorization.
" Sec. 111. Findings.
" Sec. 112. State allotments.
" Sec. 113. Comprehensive statewide planning.
" Sec. 114. Information services.
" Sec. 115. Continuing education.
" Sec. 116. Federal discretionary grants.
" Sec. 117. National Advisory Council on Continuing Education.
" Sec. 118. Definitions.
" Sec. 119. Appropriations authorized and payments.".
THE HIGHER
EDUCATION ACT OF 1965
Sec. 201. Extension and revision of library programs.
AND LIBRARY
TRAINING AND RESEARCH
" Sec. 201. Purpose; authorization.
" Sec. 202. Notification of State agency.
" Sec. 211. Resource development grants.
" Sec. 221. Grants authorized.
" Sec. 222. Library career training.
" Sec. 223. Research and demonstrations.
" Sec. 224. Special purpose grants.
" Sec. 231. Eligibility for assistance.
" Sec. 232. Geographical distribution of grants.
" Sec. 241. Purpose.
" Sec. 242. Establishment.
" Sec. 243. Functions of the Corporation.
" Sec. 244. Board of Directors.
" Sec. 245. Director and staff of Corporation.
" Sec. 246. Nonprofit nature of Corporation.
" Sec. 247. Authority of Corporation.
" Sec. 248. Implementing the design.
" Sec. 249. Copyright Act.
" Sec. 250. Definitions.
" Sec. 251. Authorization of appropriations.".
THE HIGHER
EDUCATION ACT OF 1965
Sec. 301. Programs authorized.
" Sec. 301. Findings and purposes.
" Sec. 311. Program purpose.
" Sec. 312. Definitions.
" Sec. 313. Duration of grant.
" Sec. 321. Program purpose.
" Sec. 322. Definitions.
" Sec. 323. Duration of grant.
" Sec. 324. Federal share.
for Assistance Under
Part A or Part B
Sec. 331. Establishment of challenge grant program.
" Sec. 332. Applications for challenge grants.
" Sec. 341. Applications for assistance.
" Sec. 342. Waiver authority and reporting requirement.
" Sec. 343. Application review process.
" Sec. 344. Cooperative arrangements.
" Sec. 345. Assistance to institutions under other programs.
" Sec. 346. Limitations.
" Sec. 347. Authorizations.".
Institutions of Higher
Education
Sec. 401. Statement of purpose.
Sec. 402. Pell grants.
Sec. 403. Supplemental educational opportunity grants.
Sec. 404. Grants to States for State student incentives.
Sec. 405. Special programs for students from disadvantaged
backgrounds.
Disadvantaged Backgrounds
" Sec. 417 A. Program authority; authorization of appropriations.
" Sec. 417 B. Talent search.
" Sec. 417 C. Upward bound.
" Sec. 417 D. Special services for disadvantaged students.
" Sec. 417 E. Educational opportunity centers.
" Sec. 417 F. Staff development activities.".
Sec. 406. Special program for migrant and seasonal farmwork
students.
Sec. 407. Veterans' cost-of-instruction payments.
Sec. 411. Extension of programs.
Sec. 412. Loan limitations.
Sec. 413. Deferral of repayment.
Sec. 414. State agencies as lenders of last resort.
Sec. 415. Interest rate and payment.
Sec. 416. Collection practices.
Sec. 417. Administrative improvements.
Sec. 418. Loan information program authorized.
Sec. 419. Loans to parents.
Sec. 420. Special allowances.
Sec. 421. The Student Loan Marketing Association.
Sec. 422. Prompt due diligence determinations.
Sec. 423. Miscellaneous amendments.
Sec. 431. Purpose; appropriations authorized.
Sec. 432. Allotment to States.
Sec. 433. Use of certain unused college work-study program funds for
the support of cooperative education programs.
Sec. 434. Grants for work-study programs.
Sec. 435. Distribution of assistance.
Sec. 436. Job location and development.
Sec. 437. Work study for community service-learning.
Sec. 441. Extension of program.
Sec. 442. Alternative funding for direct loans; recapture of
current balances.
Sec. 443. Loan limitations.
Sec. 444. Deferral of repayment.
Sec. 445. Collection practices.
Sec. 446. Interest rates.
Sec. 447. Student loan information program authorized.
Sec. 448. Miscellaneous amendments.
Part E--General Provisions
Sec. 451. Student assistance general provisions.
Assistance Programs
" Sec. 481. Definitions.
" Sec. 482. Need analysis.
" Sec. 483. Forms and regulations.
" Sec. 484. Student eligibility.
" Sec. 485. Institutional and financial assistance information for
students.
" Sec. 486. Training in financial aid and student support services.
" Sec. 487. Program participation agreements.
" Sec. 488. Transfer of allotments.
" Sec. 489. Administrative expenses.
" Sec. 490. Criminal penalties.
" Sec. 491. National Commission on Student Financial Assistance.".
THE HIGHER
EDUCATION ACT OF 1965
Sec. 501. Extension of programs.
Sec. 502. Teacher Corps amendments.
Sec. 503. Teacher centers amendments.
Sec. 504. Teacher training.
Sec. 505. Training for teachers of handicapped children in areas
with a shortage.
Teachers To Teach
Handicapped Children in Areas With a Shortage
" Sec. 541. Grants authorized.
" Sec. 542. Application.
" Sec. 543. Stipends and institution of higher education allowances.
" Sec. 544. Fellowship conditions.
" Sec. 545. Definition.
" Sec. 546. Appropriations authorized.".
Sec. 506. Education professional development.
Development
" Sec. 551. Findings.
" Sec. 552. Policy.
" Sec. 553. Office of Education Professional Development.".
HIGHER
EDUCATION ACT OF 1965
Sec. 601. Programs authorized.
" Sec. 601. Findings and purposes.
" Sec. 602. Graduate and undergraduate language and area centers.
" Sec. 603. International studies centers.
" Sec. 604. Undergraduate international studies and foreign language
programs.
" Sec. 605. Research; studies; annual report.
" Sec. 606. Equitable distribution of funds.
" Sec. 607. Authorization of appropriations.
" Sec. 611. Findings and purposes.
" Sec. 612. Education and training programs.
" Sec. 613. Authorization of appropriations.
" Sec. 621. Advisory board.
" Sec. 622. Definitions.".
EDUCATION ACT
OF 1965
Sec. 701. Amendment.
RENOVATION OF
ACADEMIC FACILITIES
" Sec. 701. General purposes.
" Sec. 702. Appropriations authorized.
and Renovation of
Undergraduate Academic Facilities
" Sec. 711. State plan.
" Sec. 712. Basic criteria.
" Sec. 713. Allotment of funds.
Renovation of
Graduate Academic Facilities
" Sec. 721. Grants.
Renovation of
Academic Facilities
" Sec. 731. Eligibility conditions, amounts, and terms.
" Sec. 732. General provisions for loan program.
" Sec. 733. Revolving loan and insurance fund.
" Sec. 734. Annual interest grants.
" Sec. 735. Academic facilities loan insurance.
" Sec. 741. Recovery of payments.
" Sec. 742. Definitions.".
Sec. 801. Extension of program.
Sec. 901. Grants to institutions of higher education.
Sec. 902. Graduate fellowships.
Study
" Sec. 921. Statement of purpose.
" Sec. 922. Program authorized.
" Sec. 923. Award of fellowships.
" Sec. 924. Authorization of appropriations.".
Sec. 903. New program authorized.
" Sec. 931. Award of national graduate fellowships.
" Sec. 932. Allocation of fellowships.
" Sec. 933. Stipends.
" Sec. 934. Fellowship conditions.".
Sec. 904. Training and legal assistance profession program
authorized.
Profession
" Sec. 941. Program authorized.
" Sec. 942. Authorization of appropriations.".
Sec. 905. Law school programs included in title IX.
" Sec. 951. Program authorization.
" Sec. 952. Applications.
" Sec. 953. Authorization of appropriations.".
HIGHER
EDUCATION ACT OF 1965
Sec. 1001. Fund for the Improvement of Postsecondary Education.
" Sec. 1001. Authorization of program.
" Sec. 1002. Consultation.
" Sec. 1003. National Board of the Fund for the Improvement of
Postsecondary Education.
" Sec. 1004. Administrative provisions.
" Sec. 1005. Authorization of appropriations.".
HIGHER
EDUCATION ACT OF 1965
Sec. 1101. Program authorized.
" Sec. 1101. Findings and purpose.
" Sec. 1102. Appropriations authorized.
" Sec. 1103. Project assistance.
" Sec. 1104. Limitation.
" Sec. 1105. Definitions.".
Sec. 1201. Amendments.
" Sec. 1203. Federal-State relationships; State agreements.
" Sec. 1204. Treatment of territories and territorial student
assistance.
" Sec. 1205. National Advisory Committee on Accreditation and
Institutional Eligibility.".
Sec. 1301. Contingent extension.
Sec. 1302. Enforcement of the rules.
Sec. 1303. Science education programs.
Sec. 1304. Commission on the Review of the Federal Impact Aid
Program.
Sec. 1305. Evaluation reports.
Sec. 1306. Education impact statement.
Sec. 1311. Extension of authority.
Sec. 1312. Declaration of policy.
Sec. 1313. Research and development priorities.
Sec. 1314. Repealer.
Sec. 1321. Composition of the Architectural and Transportation
Barriers Compliance Board and transmission of report.
Sec. 1322. Information clearinghouse for handicapped individuals.
Sec. 1331. Study authorized.
Sec. 1341. Program authorized.
Program
Sec. 1351. Amendments to the Navajo Community College Act.
Sec. 1361. American Samoa and Micronesia land grant colleges.
Sec. 1371. Short title.
Sec. 1372. Grants for development.
Sec. 1373. Authorization of appropriations.
Education Center
Sec. 1376. Financial assistance authorized.
Sec. 1377. Authorization of appropriations.
Affairs
Sec. 1381. Short title.
Sec. 1382. Assistance for the establishment of the William Levi
Dawson Chair of Public Affairs.
Sec. 1383. Authorization of appropriations.
Sec. 1391. Administrative amendments.
Sec. 1392. Contract authority.
Sec. 1393. Effective dates.
Sec. 101. (a) Title I of the Higher Education Act of 1965 (hereafter
in this Act referred to as the " Act") is amended to read as follows:
" Sec. 101. // 20 USC 1001. // The Congress finds--,
"(1) that institutions of higher education in our Nation and
their human and intellectual resources are critical to the future
of the American society, and that the Nation's economic potential,
its strength and freedom, and the quality of life for all citizens
are tied to the quality and extent of higher education available;
"(2) that it is the responsibility of the Federal Government,
consistent with the rights, duties, and privileges of States and
institutions of higher education, to promote--,
without
regard to age, race, sex, creed, handicap, national
origin,
geographic location, or economic status;
participate
in postsecondary education, to select institutions and
programs
which meet their needs and abilities;
responsibility,
and educational diversity;
education,
and the optimal allocation of human, physical and
financial resources, through efficient planning and
management
to achieve these goals; and
"(3) that demographic, economic, and social changes will
require institutions of postsecondary education to adapt to the
future needs of individuals and of American society.
DEVELOPMENT
IN POSTSECONDARY EDUCATION
" Sec. 102 // 20 USC 1002. // (a) There is established a Commission
to be known as the Commission on National Development in Postsecondary
Education to review the effectiveness of policies to promote the Federal
responsibilities set forth in clauses (A) through (E) of section 101(2).
"(b) The Commission shall be composed of twenty-five members as
follows:
"(1) Nine members shall be appointed by the President of the
United States.
"(2) Eight of the members shall be appointed by the President
pro tempore of the Senate upon the recommendation of the Majority
Leader and the Minority Leader.
"(3) Eight members shall be appointed by the Speaker of the
House of Representatives.
"(c)(1) Of each class specified in subsection (b) not more than four
members shall be from the same political party, except in the case of
the members appointed under clause (1), in which case not more than five
members shall be from the same political party. The members of the
Commission appointed from private life shall be individuals who by
reason of experience or training are especially qualified to serve on
the Commission.
"(2) In making appointments under subsection (b) of this section the
President, the President pro tempore, and the Speaker of the House of
Representatives shall give due consideration to the appointment of
individuals who, collectively, will provide appropriate representation
of institutions of higher education, State agencies responsible for
postsecondary education, labor, the business community, and public
service.
"(d) Any vacancy in the Commission shall not affect its powers but
shall be filled in the same manner in which the original appointment was
made.
"(e) The Commission shall select a Chairman and a Vice Chairman from
among its members.
"(f) Thirteen members of the Commission shall constitute a quorum for
the transaction of business, but the Commission may establish a lesser
number as a quorum for the purpose of holding hearings, taking
testimony, and receiving evidence.
"(g)(1) Members of the Commission who are Members of Congress or
officers or employees of the executive branch of the Government shall
serve without additional compensation but shall be reimbursed for
travel, subsistence and other necessary expenses incurred by them in
carring out the duties of the Commission.
"(2) Members of the Commission not otherwise employed by the Federal
Government shall receive compensation at a rate equal to the daily rate
prescribed for GS-18 of the General Schedule // 45 FR 69201. // under
section 5332 of title 5, United States Code, including traveltime for
each day they are engaged in the performance of their duties as members
of the Commission and shall be entitled to reimbursement for travel,
subsistence, and other necessary expenses incurred by them in carrying
out the duties of the Commission.
" Sec. 103. // 20 USC 1003. // (a) The Commission shall study and
investigate the extent to which national policies promote the objectives
set forth in clauses (A) through (E) of section 101(2). Such study shall
include, but not be limited to, consideration of--,
"(1) the extent to which postsecondary educational planning by
States and localities and institutions of higher education is
designed to identify the future needs of education in American
society;
"(2) the effectiveness of Federal financial assistance to
students and institutions of higher education in promoting
national development of postsecondary education in the most
efficient manner;
"(3) the physical and financial capacity of institutions of
higher education to carry out their mission, including the conduct
of basic and applied research in the humanities and scientific and
technical fields, and the relationship between institutions of
higher education, public agencies, and the private sector in
developing the capacity of higher education to promote such
research;
"(4) the human and technical resources currently and
prospectively available to institutions of higher education to
enable them to address and respond to national and worldwide
social and economic forces; "(5) the effect of demographic
changes on institutions of higher education and their constituent
disciplines and professions and the ability of such institutions
to meet national needs; and
"(6) the extent to which Federal student assistance may be used
to promote the recruiting of individuals to serve in the Armed
Forces and to retain members of the Armed Forces.
"(b)(1) In addition, the Commission shall conduct a study of the
remaining barriers to adult postsecondary education which analyzes the
characteristics of current or potential adult postsecondary students,
the Federal response to the needs of adult postsecondary students, and
the ability of educational institutions to respond to the growing
postsecondary student population. For the purpose of the study
conducted under this subsection, the term 'adult postsecondary student'
means individuals twenty-two years of age or older.
"(2) In analyzing the characteristics of current or potential adult
postsecondary students and the Federal response to their needs, the
Commission shall--,
"(A) review the extent to which such students are motivated by
employment goals, and whether these students seek further
education in order to enter the labor force or reenter after an
extended absence, advance in a current career, or move from one
career to another;
"(B) analyze the relationship between different employment
motivations and sources of financial assistance for education,
choice of institution or patterns of participation in
postsecondary education;
"(C) evaluate the extent to which the unavailability or
inaccessibility of financial aid sources may prevent educational
participation by economically or socially disadvantaged adults, or
otherwise limit their choice of educational focus or intensity of
study; and
"(D) evaluate the extent to which age represents a barrier to
participation in postsecondary education and the potential for
greater participation in postsecondary education by individuals
age 60 and older.
"(3) In analyzing the ability of postsecondary institutions to
respond to the potential adult postsecondary student population, the
Commission shall, at a mimimum--,
"(A) review the availability of outreach, information,
counseling, or supportive service programs, with particular
attention to programs serving adults such as homemakers or
retirees who are least likely to have access to normal sources of
educational information; and
"(B) review the availability of alternative methods of
evaluating past education credits and experience to promote adult
participation in postsecondary education, and the availability of
remedial courses for adult students.
"(4) The Commission shall coordinate the study conducted under this
subsection with the research and demonstration priorities of the
National Institute of Education, and such other studies on student
financial assistance as are authorized by this Act.
"(c) The Commission shall submit to the President and to the Congress
such interim reports as it deems advisable and, not later than December
31, 1983, a final report of its study and investigation together with
such recommendations, including recommendations for legislation, as the
Commission deems advisable.
"(d) The Commission shall cease to exist 60 days after the submission
of its final report.
" Sec. 104. // 20 USC 1004. // (a) The Commission or, on
authorization of the Commission, any subcommittee or member thereof,
may, for the purposes of carrying out the provisions of this Act, hold
such hearings, sit and act at such times and places, as the Commission
or such subcommittee or member may deem advisable.
"(b) The Commission may acquire directly from the head of any
department, agency, independent instrumentality, or other authority of
the executive branch of the Government, available information which the
Commission considers useful in the discharge of its duties. All
departments, agencies, and independent instrumentalities, or other
authorities of the executive branch of the Goverment, shall cooperate
with the Commission and furnish all information requested by the
Commission to the extent permitted by law.
"(c) The Commission is authorized to--,
"(1) appoint and fix the compensation of such personnel as may
be necessary, without regard to the provisions of title 5, United
States Code,
// 5 USC 101. //
governing appointments in the competitive service, and without
regard to the provisions of chapter 51 and subchapter III of
chapter 53 of such title relating to classification and General
Schedule pay rates;
"(2) obtain the services of experts and consultants in
accordance with the provisions of section 3109 of title 5, United
States Code;
"(3) enter into agreements with the General Services
Administration for procurement of necessary financial and
administrative services, for which payment shall be made by
reimbursement from funds of the Commission in such amounts as may
be agreed upon by the Chairman and the Administrator of General
Services;
"(4) procure supplies, services, and property, and make
contracts, without regard to the laws and procedures applicable to
Federal agencies; and
"(5) enter into contracts with Federal or State agencies,
private firms, institutions, and agencies for the conduct of
research or surveys, the preparation of reports, and other
activities necessary to the discharge of its duties.
" Sec. 105. // 20 USC 1005. // There are authorized to be
appropriated $3,000,000 to carry out the provisions of this part for the
period beginning October 1, 1981 through March 1, 1984.
" Sec. 111. // 20 USC 1011. // The Congress finds that--,
"(1) the rapid pace of social, economic, and technological
change has created pressing needs for postsecondary educational
opportunities for adults in all stages of life;
"(2) postsecondary educational opportunities in the United
States are traditionally provided for individuals between the ages
of eighteen and twenty-two;
"(3) many adults are barred from advancement or
self-sufficiency by lack of access to, and lack of retention in,
postsecondary educational opportunities appropriate to their
needs, or by lack of information or support services concerning
the availability of postsecondary educational opportunities;
"(4) access to postsecondary educational opportunities is
severely limited for adults whose educational needs have been
inadequately served during youth, or whose age, sex, race,
handicap, national origin, rural isolation, or economic
circumstance may be a barrier to such opportunities;
"(5) with declining population growth rates, the future of
postsecondary education in the United States is largely dependent
upon its ability to respond to the challenges of new student
populations;
"(6) service in continuing education will be better achieved
through increased emphasis on planning and coordination which more
effectively utilizes existing resources of both public and private
sectors; and
"(7) to meet the unique problems and needs of adults who are
disadvantaged in seeking access to postsecondary educational
opportunities, resources must be marshalled from a wide range of
institutions and groups, including community colleges,
community--, based educational institutions, business, industry,
labor, and other public and private organizations and
institutions.
" Sec. 112. // 20 USC 1012. // (a)(1) From 90 per centum of the
funds appropriated for this part for each fiscal year, the Secretary
shall--,
"(A) allot to each State having an agreement under section 1203
of this Act an amount which bears the same ratio to 60 per centum
of such amount as the adult population of that State bears to the
adult population of all States, and
"(B) allot 40 per centum of such amount to all States having an
agreement under section 1203 on an equal basis,
except that no State shall receive less than $187,500 in any such fiscal
year. If 90 per centum of the sums appropriated for any fiscal year are
insufficient to pay the allotment specified in clauses (A) and (B) of
the previous sentence and the exception contained in the previous
sentence, the amount of each State's allotment under such clauses (A)
and (B) (but not the amount in the exception) shall be ratably reduced.
If 90 per centum of the sums appropriated for any fiscal year are
insufficient after the application of the previous sentence, the amount
of each State's allotment shall be equal. In case additional funds
become available in making such payments in any fiscal year during which
the second and third sentence of this paragraph are applicable, such
reduced amounts shall be increased on the same basis as they were
reduced.
"(2) Ten per centum of the funds appropriated for this part shall be
available for carrying out section 116.
"(b) If, in any fiscal year, a State does not wish to conduct
comprehensive planning pursuant to section 113, the Secretary shall
allot to such State an amount equal to the amount the State would
otherwise receive for the conduct of programs of continuing education
and information services under this part. The Secretary shall reallot
the funds that would have been used by such State for the conduct of
statewide planning under section 113 to all other States having
agreements under section 1203. Such reallotments shall be made in
proportion to their allotments pursuant to subsection (a).
" Sec. 113. // 20 USC 1013. // (a)(1) Subject to paragraphs (2) and
(3), each State with an agreement pursuant to section 1203 of this Act
shall use at least 15 per centum but not to exceed 20 per centum of its
allotment for the purpose of conducting comprehensive statewide planning
for improving access and retention within the State to postsecondary
educational programs for traditional and nontraditional learners,
coordinating educational and occupational information and counseling
services to youth and adults throughout the State, and promoting more
effective and efficient use of available resources for continuing
education within the State.
"(2) In any fiscal year in which appropriations for this part are
equal to or exceed $18,500,000 but are less than $24,000,000, each State
with an agreement pursuant to section 1203 of this Act shall use at
least 10 per centum but not to exceed 15 per centum of its allotment for
the purpose described in paragraph (1) of this subsection.
"(3) In any fiscal year in which the appropriations for this part are
equal to or exceed $24,000,000, each State having an agreement pursuant
to section 1203 of this Act shall use not to exceed 10 per centum of its
allotment for the purpose described in paragraph (1) of this subsection.
"(b) A State shall submit to the Secretary at the end of each fiscal
year for which sums have been received a list of programs assisted under
this part, a brief description of the purposes of the programs, and an
analysis of the relationship between grants and contracts awarded under
this part and comprehensive statewide planning for postsecondary
education.
"(c) Of the sums granted to States for comprehensive statewide
planning, not less than 50 per centum shall be for the purpose of
carrying out a program of statewide planning for continuing education in
order to improve access for adults within the State to postsecondary
education programs and to promote more effective and efficient use of
available resources, including efforts to ensure equal treatment of
applicants in the evaluation of grant proposals, except that the
Secretary may, upon application, grant a waiver to a State which has
demonstrated that the State has adequately provided for meeting the
needs of adult learners in its statewide planning activities. Such
planning shall give particular consideration to the educational needs of
adults who have been inadequately served by programs of postsecondary
education.
"(d) Planning undertaken pursuant to this section shall be
coordinated, to the maximum extent feasible, with the planning
activities under subpart 4 of part A and part B of title IV and section
485 of this Act; the Vocational Education Act; the Comprehensive
Employment and Training Act; the Older Americans Act of 1965; the
Rehabilitation Act of 1973; the Career Education Incentive Act; the
Adult Education Act; the Veterans Readjustment Assistance Act; and
other Federal, State, and local activities intended to provide outreach,
guidance, counseling, and educational, student aid, and occupational
information to persons within the State.
"(e) Each State may use the funds available for this section to
conduct studies of student financial assistance needs and resources,
information cooridation, continuing education, and other topics
consistent with the purposes of subsections (a) and (c) of this section.
" Sec. 114. // 20 USC 1014. // (a) Each State shall use not less
than $50,000 nor more than 12 per centum of its allotment, whichever is
greater, to conduct programs to develop and coordinate new and existing
educational and occupational information and counseling programs to
eliminate unnecessary duplication and to provide a more comprehensive
delivery of services to both traditional and nontraditional learners
seeking educational information and to youth and adults seeking
occupational information.
"(b) Such educational and occupational information and counseling
programs shall be coordinated to the maximum extent possible with those
authorized by subpart 4 of part A and part B of title IV and section 485
of this Act; the Vocational Education Act; the Comprehensive
Employment and Training Act; the Older Americans Act of 1965; the
Rehabilitation Act of 1973; the Career Education Incentive Act; the
Adult Education Act; the Veterans Readjustment Assistance Act; and
other Federal, State, and local activities intended to provide outreach,
guidance, counseling, and educational, student aid, and occupational
information to persons within the State.
"(c) For the purposes of carrying out this section, each State may
make grants to, and enter into contracts with, institutions of higher
education, public and private institutions and organizations, business,
industry, and labor, or any combination thereof.
" Sec. 115. // 20 USC 1015. // (a) Each State shall use such sums as
may remain available from that State's allotment after reserving the
amounts required to carry out the provisions of sections 113 and 114 of
this part for the purpose of--,
"(1) promoting access to and retention in postsecondary
educational programs for adults whose educational needs have been
inadequately served;
"(2) expanding and improving postsecondary education programs
which help adults develop their occupational potential and prepare
for transitions between education and work;
"(3) eliminating barriers posed by previous education or
training, age, sex, race, handicap, national origin, rural
isolation, or economic circumstance which may place adults at a
disadvantage in seeking postsecondary educational opportunities;
"(4) strengthening statewide and other mechanisms of
information, counseling, and referral which provide access to
postsecondary education and serve the special needs of adults;
and
"(5) developing strategies to promote the financial
self-sufficiency of postsecondary education programs initiated
pursuant to this part.
"(b) To promote the purposes of subsection (a), each State may make
grants to and enter into contracts with public and private institutions
and organizations, institutions of higher education, business, industry,
and labor, or any combination thereof, for programs, such as--,
"(1) the creation or expansion of labor education, training and
technical assistance programs, and the development of cooperative
relationships between State and local labor organizations and
institutions and agencies which provide opportunities for
continuing education;
"(2) the removal of barriers to continuing education caused by
rural isolation or other rural-related factors;
"(3) legal, vocational, and health educational services and
information services for older individuals who use preretirement
education as a means to adjust to retirement;
"(4) the promotion of resource sharing for innovative uses of
technology, including telecommunications, either on an interstate
or intrastate basis, to overcome barriers to postsecondary
educational opportunities;
"(5) educational and occupational information and counseling
services designed to meet the special needs of adult women,
particularly homemakers, and to assist their entry or reentry into
postsecondary education and the labor force;
"(6) the collection and dissemination of information, including
data banks, on sources of student financial assistance and
information designed to assist individuals to make choices among
postsecondary institutions, programs, and other educational
opportunities;
"(7) community education service activities consistent with the
purpose of this section for adults in rural areas;
"(8) postsecondary educational programs suited to individuals
whose educational needs have been inadequately served, especially
the handicapped, older individuals, migrant and seasonal
farmworkers, individuals who can participate in programs only on a
part-time basis, and individuals who otherwise would be unlikely
to continue their education beyond high school;
"(9) child care services to assist individuals desiring to
participate to enter or reenter the field of postsecondary
education and the labor force; and
"(10) the promotion or delivery of postsecondary education
services to women at the place of their employment or in
conjunction with their employment.
"(c) No grant or contract may be entered into to carry out the
activities described in clause (9) of subsection (b) unless the
agreement to make the grant or the contract contains provisions designed
to assure that--,
"(1) the State will provide assurances that the State has
established a cooperative agreement between the State entity
responsible for planning under section 113 and the agency
responsible for coordinating child care services within the State;
and
"(2) funds made available pursuant to such grant or contract
will be used for services furnished only by child care providers
licensed in the State or child care providers who have applied for
renewal of such a license and are determined by the State to be
likely to be approved for renewal.
"(d) Each State may use an amount which does not exceed 5 per centum
of sums available for this section or $40,000, whichever is greater, for
the administration and operation of programs described in subsection (b)
of this section.
" Sec. 116. // 20 USC 1016. // (a) From 10 per centum of the sums
appropriated to carry out the provisions of this part, the Secretary is
authorized to make grants to and enter into contracts with public and
private institutions and organizations, institutions of higher
education, business, industry, labor, and States, or any combination
thereof for activities which--,
"(1) develop and evaluate innovative delivery systems to
increase access to postsecondary education for underserved adults;
"(2) expand the range of educational and community resources
used to meet the needs of underserved adults for continuing
education;
"(3) promote the development of interstate educational delivery
systems, cooperative and consortial arrangements, and programs
(including telecommunications) which more effectively address
regional needs for continuing education;
"(4) stimulate and evaluate creative approaches to the problems
of access for adults inadequately served by existing educational
offerings;
"(5) develop statewide, regional, or national programs to
coordinate educational and occupational information, including
information on student financial assistance, through creation and
expansion of data banks for the more effective coordination and
dissemination of such information;
"(6) assist States to perform their functions of authorizing
institutions of higher education effectively; and
"(7) provide preservice and inservice training to teachers and
administrative personnel involved in child care programs,
including the recruitment and training of low-income parents for
child care positions, and provide specialized training in early
childhood education, and to provide improved teacher certification
criteria for child care programs.
"(b) No grant may be awarded under this section within a State unless
the Secretary has provided the State entity responsible for
comprehensive planning under section 1203, if applicable, an opportunity
to comment on the relationship of the proposed grant to such planning.
" Sec. 117. // 20 USC 1017. // (a) The President shall appoint a
National Advisory Council on Continuing Education consisting of eight
representatives of Federal agencies having postsecondary continuing
education and training responsibilities, including but not limited to,
one representative each from the Departments of Education, Agriculture,
Defense, and Labor, and the Veterans' Administration; and twelve
members, not full-time employees of the Federal Government, who are
knowledgeable and experienced in the field of continuing education,
including State and local government officials, representatives of
business, labor, and community groups, and adults whose educational
needs have been inadequately served. The Advisory Council shall meet at
the call of the chairman but not less than twice a year.
"(b) The Advisory Council shall advise the Secretary in the
preparation of general regulations and with respect to policies and
procedures arising in the administration of this title.
"(c) The Advisory Council shall examine all federally supported
continuing education and training programs and make recommendations with
regard to policies to eliminate duplication and to effectuate the
coordination of programs under this title and other federally funded
continuing education and training programs and services.
"(d) The Advisory Council shall make annual reports to the President,
the Congress, and the Secretary, commencing on September 30, 1981, of
its findings and recommendations, including recommendations for changes
in the provisions of this title and other Federal laws relating to
continuing education and training activities. The President shall
transmit each such report to the Congress with his comments and
recommendations. The Advisory Council shall make such other reports or
recommendations to the President, the Congress, the Secretary, or the
head of any other Federal department or agency as may be appropriate.
"(e) The Advisory Council may utilize the services and facilities of
any agency of the Federal Government as may be necessary. The Advisory
Council may accept, employ, and dispose of gifts or bequests to carry
out its responsibilities under this title.
" Sec. 118. // 20 USC 1018. // For the purposes of this subpart--,
"(1) the term ' Commission' means the Commission on National
Development in Postsecondary Education established under section
102;
"(2) the term ' Advisory Council' means the National Advisory
Council on Continuing Education established under section 117;
"(3) the term 'adults whose educational needs have been
inadequately served' means individuals eighteen years of age or
older who, because of circumstances of age, sex, low income,
handicap, minority status, rural isolation, status of unemployment
or underemployment, lack of education, or other significant
barriers have been discouraged from obtaining equal educational
opportunities;
"(4) the term 'continuing education' means postsecondary
instruction and support services designed to meet the educational
needs of adults, including the expansion of available learning
opportunities for adults whose educational needs are inadequately
served by current educational offerings in their communities; and
"(5) the term 'adult population' means the population eighteen
years old and older of a State and of all the States which shall
be determined by the Secretary on the basis of the most recent
satisfactory data available from the Department of Commerce.
" Sec. 119. // 20 USC 1019. // (a) There is authorized to be
appropriated $20,000,000 for fiscal year 1981; $30,000,000 for fiscal
year 1982; $40,000,000 for fiscal year 1983; $50,000,000 for fiscal
year 1984; and $60,000,000 for fiscal year 1985 to carry out the
provisions of this part.
"(b) Payments under this part shall not exceed two-thirds of the cost
of activities assisted under this part. The non-Federal share may be in
cash or in kind, but may not include payments received under any other
Federal program.
"(c) Each State is authorized to use not more than 50 per centum of
the funds provided under section 113 for the purpose of carrying out
programs under section 115.".
(b) Subpart 5 of part A of title IV of the Act // 20 USC 1070d-2,
1070d-3. // is repealed.
Sec. 201. Title II of the Act is amended to read as follows:
Sec. 201. // 20 USC 1021. // (a) The Secretary shall carry out a
program to assist--,
"(1) institutions of higher education in the acquisition of
library resources, including law library resources, and in the
establishment and maintenance of networks for sharing library
resources in accordance with part A;
"(2) in the training of persons in librarianship and to
encourage research and development relating to the improvement of
libraries (including the promotion of economical and efficient
information delivery, cooperative efforts, and developmental
projects) in accordance with part B;
"(3) the Nation's major research libraries, in maintaining and
strengthening their collections, and in making their holdings
available to other libraries whose users have need for research
materials, in accordance with part C; and
"(4) the establishment of a National Periodical System
Corporation, in accordance with part D.
"(b)(1)(A) There are authorized to be appropriated to carry out part
A $10,000,000 for the fiscal year 1981, $30,000,000 for the fiscal year
1982 and for each of the two succeeding fiscal years, and $35,000,000
for the fiscal year 1985.
"(B) There are authorized to be appropriated to carry out part B
$10,000,000 for the fiscal year 1981, $30,000,000 for the fiscal year
1982 and for each of the two succeeding fiscal years, and $35,000,000
for the fiscal year 1985.
"(C) There are authorized to be appropriated to carry out part C
$10,000,000 for the fiscal year 1981, $15,000,000 for the fiscal year
1982 and each of the three succeeding fiscal years.
"(2) Notwithstanding paragraph (1), no funds are authorized to be
appropriated for part D unless the appropriation for each of parts A, B,
and C equals or exceeds the amount appropriated for each such part,
respectively, for fiscal year 1979.
"(c) No grant may be made under this title for books, periodicals,
documents, or other related materials to be used for sectarian
instruction or religious worship, or primarily in connection with any
part of the program of a school or department of divinity.
" Sec. 202. // 20 USC 1022. // Each institution of higher education
which receives a grant under this title shall annually inform the State
agency designated pursuant to section 1203 of its activities under this
title.
" Sec. 211. // 20 USC 1029. // (a) From the amount appropriated for
this part, the Secretary shall make grants to institutions of higher
education or combinations thereof (and to each branch of an institution
which is located in a community different from that in which its parent
institution is located), and to other public and private nonprofit
library institutions whose primary function is to provide library and
information services to institutions of higher education on a formal,
cooperative basis. The amount of a resource development grant under
this section shall not exceed $10,000.
"(b) A grant under this part may be made only if the application
provides--,
"(1) information about the institution and its library
resources as prescribed by the Secretary in regulations;
"(2) satisfactory assurance that the applicant will expend, for
all library material expenditures (exclusive of construction)
during the fiscal year for which the grant is sought, from funds
other than funds received under this part, an amount not less than
the average annual aggregate amount or the average amount per
full-time equivalent student it expended for such purposes during
the two fiscal years preceding the fiscal year for which
assistance is sought under this part;
"(3) for such fiscal control and fund accounting procedures as
are necessary to assure proper disbursement of and accounting for
Federal funds paid to the applicant under this part; and
"(4) for making such reports as the Secretary may require and
for keeping such records and for affording such access thereto as
the Secretary deems necessary to assure the correctness and
verification of such reports.
"(c) If the Secretary determines, in accordance with regulations,
that there are very unusual circumstances which prevent the applicant
from making the assurance required by subsection (b)(2), the requirement
for such assurance may be waived. For purposes of this subsection, the
term 'very unusual circumstances' means theft, vandalism, fire, flood,
earthquake, or other occurrence which may temporarily reduce the level
of expenditures for library materials and total library purposes, or
which resulted in unusually high expenditures for library materials and
total library purposes.
"(d) Grants under this part may be used only for books, periodicals,
documents, magnetic tapes, phonographic records, audiovisual materials,
and other related library materials (including necessary binding) and
for the establishment and maintenance networks for sharing library
resources with other institutions of higher education.
" Sec. 221. // 20 USC 1031. // From the amount appropriated for this
part, the Secretary shall make grants in accordance with section 222,
223, and 224. Of such amount, one-third shall be available for the
purposes of each such section.
" Sec. 22. // 20 USC 1032. // (a) The Secretary shall make grants
to, and contracts with, institutions of higher education and library
organizations or agencies to assist them in training persons in
librarianship. Such grants or contracts may be used by such
institutions, library organizations, or agencies (1) to assist in
covering the cost of courses of training or study (including short term
or regular session institutes), (2) to establish and maintain
fellowships or traineeships with stipends (including allowances for
travel, subsistence, and other expenses) for fellows and others
undergoing training and their dependents, not in excess of such maximum
amounts as may be determined by the Secretary, and (3) to establish,
develop, or expand programs of library and information science,
including new techniques of information transfer and communication
technology.
"(b) Not less than 50 per centum of the grants made under this
section shall be for the purpose of establishing and maintaining
fellowships or traineeships under subsection (a)(2).
" Sec. 223. // 20 USC 1033. // The Secretary is authorized to make
grants to, and contracts with, institutions of higher education and
other public or private agencies, institutions, and organizations for
research and demonstration projects related to the improvement of
libraries, training in librarianship, and information technology, and
for the dissemination of information derived from such projects.
" Sec. 224. // 20 USC 1034. // (a) The Secretary is authorized to
make special purpose grants to (1) institutions of higher education to
meet special national or regional needs in the library or information
sciences, (2) combinations of institutions of higher education which
demonstrate a need for special assistance in establishing and
strengthening joint-use library facilities, resources, or equipment, (3)
other public and private non--, profit library institutions which
provide library and information services to institutions of higher
education on a formal, cooperative basis for the purpose of
establishing, developing, or expanding programs or projects that improve
their services, and (4) institutions of higher education which
demonstrate a need for special assistance to develop or expand programs
or projects that will service the communities in which the institutions
are located.
"(b) A grant under this section may be made only if the application
therefor (whether by an individual institution or a combination of
institutions) is approved by the Secretary on the basis of criteria
prescribed in regulations and provides satisfactory assurance that (1)
the applicant will expend during the fiscal year for which the grant is
sought (from funds other than funds received under this title), for the
same purpose as such grant, an amount from such other sources equal to
not less than one-third of such grant, and (2) the applicant will expend
during such fiscal year from such other sources for all library purposes
(exclusive of construction) an amount not less than the average annual
amount it expended for such purposes during the two fiscal years
preceding the fiscal year for which the grant is sought under this
section.
" Sec. 231. // 20 USC 1041. // (a)(1) From the amount appropriated
for this part, the Secretary shall make grants to institutions with
major research libraries.
"(2) For the purposes of this part, the term 'major research library'
means a public or private nonprofit institution (including the library
resources of an institution of higher education), an independent
research library, or a State or other public library, having a library
collection which is available to qualified users and which--,
"(A) makes a significant contribution to higher education and
research;
"(B) is broadly based and is recognized as having national or
international significance for scholarly research;
"(C) is of a unique nature, and contains material not widely
available; and
"(D) is in substantial demand by researchers and scholars not
connected with that institution.
"(b) No institution receiving a grant under this part for any fiscal
year may receive a grant under section 211 or 224 for that year.
" Sec. 232. // 20 USC 1042. // In making grants under this part, the
Secretary shall endeavor to achieve broad and equitable geographical
distribution throughout the Nation.
" Sec. 241. // 20 USC 1047. // It is the purpose of this part to
assess the feasibility and advisability of, and, if feasible and
advisable, prepare a design for a national periodical system to serve as
a national periodical resource by contributing to the preservation of
periodical materials and by providing access to a comprehensive
collection of periodical literature to public and private libraries
throughout the United States.
" Sec. 242. // 20 USC 1047a. // There is established a nonprofit
corporation, to be known as the National Periodical System Corporation,
which shall not be considered an agency or establishment of the United
States Government. The Corporation shall be subject to the provisions of
this part, and to the extent consistent with this Act, to the laws of
the jurisdiction where incorporated.
" Sec. 243. // 20 USC 1047b. // (a) The Corporation shall assess the
feasibility and advisability of a national system and, if feasible and
advisable, design such a system to provide reliable and timely document
delivery from a comprehensive collection of periodical literature. A
design may be implemented by the Corporation only in accordance with the
provisions of section 248.
"(b) Any design for a national periodical system shall include
provisions for such system to--,
"(1) acquire current and past issues of periodicals, and to
preserve and maintain a dedicated collection of such documents;
"(2) provide information on periodicals to which the system can
insure access, including those circulated from private sector
sources, and cooperate in efforts improve bibliographic and
physical access to periodicals;
"(3) make such periodicals available through libraries, by
loan, photoreproduction or other means;
"(4) cooperate with and participate in international borrowing
and lending activities as may be appropriate for such purposes;
"(5) ensure that copyright owners who do not wish to
participate in such system are not required to participate;
"(6) ensure that copyright fees are fixed by the copyright
owners for any reproduction or dissemination of a document
delivered through the system;
"(7) complement and not duplicate activities in the private
sector to provide access to periodical literature;
"(8) ensure, to the maximum extent feasible, that such system
periodicals, particulary scholarly periodicals of small
circulation; and
"(9) ensure coordination with existing programs to distribute
periodical literature, including programs of regional libraries
and programs of interlibrary loan and library networks.
"(c) Any design shall include provisions for the role, if any, of the
Corporation in the governance, administration, and operation of the
system.
"(d) Any design shall be accompanied by an estimate of the cost for
each fiscal year of carrying out the system proposed in the design.
" Sec. 244. // 20 USC 1047c. // (a) The Corporation shall have a
Board of Directors, consisting of fifteen members, including fourteen
members appointed by the President, by and with the advice and consent
of the Senate, and the Director of the Corporation.
"(b) The members of the Board appointed by the President shall be
equitably representative of the needs and interests of the Government,
academic and research communities, libraries, publishers, the
information community, authors, and the public. Except for the initial
Board of Directors, the members shall be appointed after consultation
with the Board.
"(c) The members of the initial Board of Directors shall serve as
incorporators and shall take whatever actions are necessary to establish
the Corporation under the laws of the jurisdiction in which it is
incorporated.
"(d) The term of office for each member of the Board (other than the
Director) shall be two years except that any member appointed to fill a
vacancy occurring prior to the expiration of the term for which his
predecessor was appointed shall be appointed for the remainder of such
term. Notwithstanding the preceding provisions of this paragraph, a
member whose term has expired may serve until his sucessor has taken
office.
"(e)(1) The members of the Board shall not, by reason of membership,
be deemed employees of the United States. Except as provided in
paragraph (2), members shall, while engaged in activities of the Board,
be entitled to receive compensation at the rate equal to the daily rate
prescribed for grade GS-18 of the General Schedule // 45 FR 69201. //
under section 5332 of title 5, United States Code, for each day and,
while away from their homes or regular place of business, may be allowed
travel expenses.
"(2) Members of the Corporation who are full-time officers and
employees of the United States shall receive no additional pay,
allowances, or benefits by reason of their service on the Corporation.
"(f) Eight members of the Board shall constitute a quorum.
"(g) The Board shall elect annually one of its members to serve as
the Chairman.
"(h) The Board shall meet annually or at the call of the Chairman or
a majority of its members.
" Sec. 245. // 20 USC 1047d. // (a) The Corporation shall have a
Director, and such other officers as appointed by the Board for the
terms and at rates of compensation fixed by the Board. The Director
shall manage the operations of the Corporation, subject to such rules as
may be prescribed by the Board.
"(b) Subject to such rules as may be prescribed by the Board, the
Director may appoint and fix the pay of personnel and may procure
temporary and intermittent services.
" Sec. 246. // 20 USC 1047e. // (a) The Corporation shall have no
power to issue any shares of stock, or to declare or pay any dividends.
"(b) No part of the incomes or assets of the Corporation shall inure
to the benefit of any director, officer, employee, or any other
individual except as salary or reasonable compensation for services.
"(c) The National Periodical System Corporation shall be exempt from
taxation now or hereafter imposed by the United States, or any territory
or possession thereof, or by any State, county, municipality, or local
taxing authority.
" Sec. 247. // 20 USC 1047f. // (a) The Corporation is authorized
to--,
"(1) obtain grants from and to make contracts with individuals
and with private, State, and Federal agencies, organizations, and
institutions;
"(2) conduct its business, carry on its operations, and have
officers and exercise the power granted by this section in any
State without regard to any qualification or similar statute in
any State;
"(3) lease, purchase, or otherwise acquire, own, hold, improve,
use or otherwise deal in and with any property (real, personal, or
mixed), or any interest therein, wherever situated;
"(4) sell, convey, mortgage, pledge, lease, exchange, and
otherwise dispose of its property and assets; and
"(5) enter into contracts, execute instruments, incur
liabilities, and do all things as are necessary or incidental to
the proper management of its affairs and the proper conduct of its
business.
"(b) To carry out its functions and to engage in the activities
described in subsection (a), the Corporation shall have the usual powers
conferred upon a nonprofit corporation by the jurisdiction in which the
Corporation is incorporated.
"(c) The Corporation may use the United States mails in the same
manner and under the same conditions as departments and agencies of the
United States. The Administrator of General Services shall provide to
the Corporation on a reimbursable basis such administratve support
services as the Corporation may request.
"(d) The Corporation is authorized to accept, hold, administer, and
use gifts, bequests, and devises of property, both real and personal,
for the purpose of aiding or facilitating the authority of the
Corporation pursuant to section 243. For the purpose of Federal income,
estate, and gift taxes, property accepted by the National Periodical
System Corporation shall be a gift, bequest, or devise to the United
States.
"(e) The Corporation shall be subject to the provisions of section
552b of title 5, United States Code.
" Sec. 248. // 20 USC 1047g. // Any design established under this
part shall be submitted to the Congress not later than December 31,
1981, and may not be implemented until the design is approved in whole
or in part by enactment of a joint resolution of the Congress approving
such design.
" Sec. 249. // 20 USC 1047h. // Nothing in this part shall be
considered to amend, affect, or redefine the provisions of title 17,
United States Code, // 17 USC 1. // relating to copyrights.
" Sec. 250. // 20 USC 1047i. // As used in this part--,
"1) the term 'access' means the ability to identify, locate,
and obtain a specific item (generally a periodical article), and
includes both bibliographic access (the ability to identify a
specific item from its description) and physical access to
materials (the ability to obtain the text of an item in an
appropriate form, such as visual, audio, or printed formats);
"(2) the term ' Board' means the Board of Directors of the
National Periodical System Corporation;
"(3) the term 'comprehensive collection' means a collection of
periodical titles which will provide access to approximately 90
percentum of the requests received, except that such titles need
not all be physically located in the same place;
"(4) the term 'copyright owner' means the owner of any one of
the exclusive rights comprised in a copyright;
"(5) the term ' Corporation' means the National Periodical
System Corporation established under this part;
"(6) the term 'dedicated collection' means a collection of
periodicals maintained for the sole purpose of assuring the
provision of permanent physical access;
"(7) the term 'document' means any portion or the entire issue
of a periodical;
"(8) the term 'periodical' means a publication consisting of
issues in a continuous series under the same title published at
regular or irregular intervals, over an indefinite period,
individual issues in the series being numbered consecutively or
each issue being dated; and
"(9) the term 'private sector' means nongovernmental,
nonprofit, and for-profit organizations.
" Sec. 251. // 20 USC 1047j. // (a) There are authorized to be
appropriated, for the purpose of carrying out this part, $750,000 for
each of fiscal years 1981 and 1982, and such sums as may be necessary
for each of the fiscal years 1983, 1984, and 1985.
"(b) In any fiscal year after the joint resolution described in
section 248 is enacted, there are authorized to be appropriated such
additional sums as may be necessary to implement an approved design for
any such fiscal year ending prior to October 1, 1985.".
Sec. 301. Title III of the Act is amended to read as follows:
" Sec. 301. // 20 USC 1051. // (a) The Congress finds that--,
"(1) many institutions of higher education in this era of
declining enrollments and scarce resources face problems which
threaten their ability to survive;
"(2) the problems relate to the management and fiscal
operations of certain institutions of higher education, as well as
to an inability to engage in long-range planning, recruitment
activities, and development activities;
"(3) the solution of the problems of these institutions would
enable them to become viable, thriving institutions of higher
education; and
"(4) these institutions play an important role in the American
system of higher education, and there is a strong national
interest in assisting them in solving their problems and in
stabilizing their management and fiscal operations.
"(b) It is the purpose of this title to assist such institutions
through a program of Federal assistance.
" Sec. 311. // 20 USC 1057. // (a) The Secretary shall carry out a
program, in accordance with this part, to improve the academic quality,
institutional management, and fiscal stability of eligible institutions,
in order to increase their self-sufficiency and strengthen their
capacity to make a substantial contribution to the higher education
resources of the Nation.
"(b) From the sums available for this part under section 347(a)(1),
the Secretary may award grants to any eligible institution with an
application approved under section 341 in order to assist such an
institution to plan, develop, or implement activities that promise to
strengthen the institution. Special consideration shall be given to
applications which propose to engage in the following activities
pursuant to the institution's plan:
"(1) faculty development;
"(2) funds and administrative management;
"(3) development and improvement of academic programs;
"(4) acquisition of equipment for use in strengthening funds
management and academic programs;
"(5) joint use of facilities such as libraries and
laboratories; and
"(6) student services.
" Sec. 312. // 20 USC 1058. // For purposes of this part:
"(1) The term 'educational and general expenditures' means the
total amount expended by an institution of higher education for
instruction, research, public service, academic support (including
library expenditures), student services, institutional support,
scholarships and fellowships, operation, and maintenance
expenditures for physical plant, and any mandatory transfers which
the institution is required to pay by law.
"(2) The term 'eligible institution' means--,
// 20 USC 1070a. //
the average
amount of which is high in comparison with the average
amount of all grants awarded under such subpart to
students at such institutions, and (II) which, in the
case
of junior or community colleges, has an enrollment
which includes a substantial percentage of students
receiving awards under subpart 1 of title IV, the
average
amount of which is high in comparison with the average
amount of all grants awarded under such subpart to
students at such institutions;
comparison
with the average educational and general
expenditures per full-time equivalent undergraduate
student of institutions that offer similar instruction;
community
college;
offered
or is, according to such an agency or association,
making
reasonable progress toward accreditation;
satisfies
the requirements contained in clauses (i) and (ii) of
such
subparagraph.
For purposes of the determination of whether an institution is an
eligible institution under this paragraph, the factor described
under subparagraph (A)(i) shall be given twice the weight of the
factor described under subparagraph (A)(ii).
"(3) The term 'full-time equivalent students' means the sum of
the number of students enrolled full time at an institution, plus
the full-time equivalent of the number of students enrolled part
time (determined on the basis of the quotient of the sum of the
credit hours of all part-time students divided by twelve) at such
institution.
"(4) The term 'junior or community college' means an
institution of higher education--,
State
in which the institution is located and who have the
ability
to benefit from the training offered by the institution;
such a
degree, or
mathematics,
or the physical or biological sciences, designed
to prepare a student to work as a technician or at the
semiprofessional level in engineering, scientific, or
other technological fields requiring the understanding
and application of basic engineering, scientific, or
mathematical
principles of knowledge.
" Sec. 313. // 20 USC 1059. // (a) The Secretary may award a grant
to an eligible institution under this part for--,
"(1) not to exceed three years, or
"(2) not less than four nor more than seven years,
subject for each fiscal year to the availability of appropriations
therefor. The Secretary shall not accept the application of an eligible
institution for a grant under both paragraphs (1) and (2) for a fiscal
year.
"(b) The Secretary shall not award a grant under this part to an
eligible institution that has, for any prior fiscal year, received a
grant under subsection (a)(2).
"(c) Notwithstanding subsection (a), the Secretary may award a grant
to an eligible institution under this part for a period of one year for
the purpose of assisting such institution in the preparation of plans
and applications under this part.
" Sec. 321. // 20 USC 1060. // (a) The purpose of this part is to
provide for a program of short-term Federal assistance to strengthen the
planning, management, and fiscal capabilities of institutions with
special needs.
"(b) From the sums available for this part under section 347(a)(1),
the Secretary may make grants to any institution with special needs with
an application approved under section 341 in order to assist such an
institution to plan, develop, or implement activities consistent with
the purpose of this part. Such activities shall include--,
"(1) faculty development;
"(2) funds and administrative management;
"(3) development and improvement of academic programs;
"(4) acquisition of equipment for use in strengthening funds
management and academic programs;
"(5) joint use of facilities such as libraries and
laboratories; and
"(6) student services.
" Sec. 322. // 20 USC 1061. // (a) For purposes of this part:
"(1) The term 'educational and general expenditures' means the
total amount expended by an institution of higher education for
instruction, research, public service, academic support (including
library expenditures), student services, institutional support,
scholarships and fellowships, operation, and maintenance
expenditures of physical plant, and any mandatory transfers which
the institution is required to pay by law.
"(2) The term 'institution with special needs' means--,
// 20 USC 1070. //
the
average amount of which assistance is high in comparison
with the average amount of all assistance provided
under such title to students at such institutions, and
(II)
which, in the case of junior or community colleges, has
an enrollment which includes a substantial percentage
of students receiving need-based assistance under title
IV, the average amount of which assistance under title
comparison with the average amount of all assistance
provided under such title to students at such
institutions;
comparison
with the average educational and general
expenditures per full-time equivalent undergraduate
student of institutions that offer similar instruction;
community
college;
offered
or is, according to such an agency or association,
making
reasonable progress toward accreditation;
satisfies
the requirements contained in clauses (i), (ii), and
(vi) of such
subparagraph and which is located in a community
different
from that in which its parent institution is located.
For purposes of the determination of whether an institution is an
eligible institution under this paragraph, the factor described
under subparagraph (A)(i) shall be given the same weight as the
factor described under subparagraph (A)(ii), and the Secretary may
also consider the factors specified under subsection (b) of this
section.
"(3) The term 'full-time equivalent students' means the sum of
the number of students enrolled full time at an institution, plus
the full-time equivalent of the number of students enrolled part
time at such institution (determined on the basis of the quotient
of the sum of the credit hours of all part-time students divided
by twelve).
"(4) The term 'junior or community college' means an
institution of higher education--,
State
in which the institution is located and who have the
ability
to benefit from the training offered by the institution;
such a
degree, or
mathematics,
or the physical or biological sciences, designed
to prepare a student to work as a technician or at the
semiprofessional level in engineering, scientific, or
other technological fields requiring the understanding
and application of basic engineering, scientific, or
mathematical
principles of knowledge.
"(b) In determining whether an institution is an institution with
special needs under subsection (a)(2), the Secretary may also consider
the following factors:
"(1) extreme financial limitations requiring low faculty
salaries, low costs of instruction for students, and low library
expenditures;
"(2) a little or no endowment, whether or not unrestricted;
"(3) a high student to faculty ratio;
"(4) a substantial percentage of students receiving need-based
Federal student assistance;
"(5) limited library resources;
"(6) a low percentage of faculty with doctorate degrees;
"(7) poor physical facilities and limited resources to maintain
physical facilities;
"(8) little or no support from foundations, alumni, or
corporations;
"(9) limited or no sponsored research or faculty publications;
"(10) inadequate development offices and a limited capacity for
long-range planning; and
"(11) poor or inadequate fiscal management and accounting
procedures.
" Sec. 323. // 20 USC 1062. // The Secretary may make a grant to any
institution with special needs under this part for a period of not more
than five years. A grant to enhance the planning capabilities of an
institution shall not exceed one year.
" Sec. 324. // 20 USC 1063. // The Federal share of the cost of
grants made to institutions with special needs under this part shall be
100 per centum for the first two years in which an institution receives
a grant, 90 per centum for the third year an institution receives a
grant, 80 per centum for the fourth year an institution receives a
grant, and 70 per centum for the fifth year an institution receives a
grant.
for
Assistance Under Part A or Part B
" Sec. 331. // 20 USC 1064. // (a)(1) From the sums available under
section 347(a)(2) for each fiscal year, the Secretary may award a
challenge grant to each institution--,
"(A) which is an eligible institution under part A or would be
considered to be such an institution if section 312(2)(A)(iii)
referred to a postgraduate degree rather than a bachelor's degree;
or
"(B) which is an institution with special needs under part B or
would be considered to be such an institution if section 322(
a)(2)(A)(iii) referred to a postgraduate degree rather than a
bachelor's degree.
"(2) The Secretary may waive the requirements set forth in
subparagraphs (A) and (B) of paragraph (1) with respect to a
postgraduate degree in the case of any institution otherwise eligible
under such paragraph for a challenge grant upon determining that the
institution makes a substantial contribution to medical education
opportunities for minorities and the economically disadvantaged.
"(b) The Secretary may make a grant under this section for a period
of not more than 5 years. A grant under this section may be used for
the programs and activities described in part A or part B, as the case
may be.
" Sec. 332. // 20 USC 1065. // (a) Any institution eligible for a
challenge grant under section 331(a) may apply for such a grant under
section 341, except that the application for the purpose of this part
shall--,
"(1) provide evidence that funds are available to the applicant
to match funds that the Secretary is requested to make available
to the institution as a challenge grant;
"(2) in the case of an application by a public institution,
contain the recommendations of an appropriate State agency
responsible for higher education in the State, or provide evidence
that the institution requested the State agency to comment but the
State agency failed to comment; and
"(3) in the case of an application by an institution described
under section 331(a)(1)(B), demonstrate how challenge grant funds
will be used to eradicate the conditions enumerated in section
322(b) (1) through (11), and lead to greater financial
independence.
"(b) Not later than April 1 of the fiscal year preceding the fiscal
year in which any grant is to be made under this part, the Secretary
shall determine which institutions will receive challenge grants under
this part and notify the institutions of the amount of the grant.
"(c) In approving applications for grants under this part, preference
shall be given to institutions which are receiving, or have received,
grants under part A or part B.
" Sec. 341. // 20 USC 1066. // (a) Any institution which is eligible
for assistance under this title may submit to the Secretary an
application for assistance at such time, in such form, and containing
such information, as may be necessary to enable the Secretary to
evaluate its need for assistance. Subject to the availability of
appropriations to carry out this title, the Secretary may approve an
application for a grant under this title if the application meets the
requirements of subsection (b) and shows that the applicant is eligible
for assistance in accordance with the part of this title under which the
assistance is sought.
"(b) An institution, in its application for a grant, shall--,
"(1) set forth, or describe how it will develop, a
comprehensive development plan to strengthen the institution's
academic quality and institutional management, and otherwise
provide for institutional self-sufficiency and growth (including
measurable objectives for the institution and the Secretary to use
in monitoring the effectiveness of activities under this title);
"(2) set forth policies and procedures to ensure that Federal
funds made available under this title for any fiscal year will be
used to supplement and, to the extent practical, increase the
funds that would otherwise be made available for the purposes of
section 311(b) or 321(b), and in no case supplant those funds;
"(3) set forth policies and procedures for evaluating the
effectiveness in accomplishing the purpose of the activities for
which a grant is sought under this title;
"(4) provide for such fiscal control and fund accounting
procedures as may be necessary to ensure proper disbursement of
and accounting for funds made available to the applicant under
this title;
"(5) provide for making such reports, in such form and
containing such information, as the Secretary may require to carry
out his functions under this title (including not less than one
report annually setting forth the institution's progress toward
achieving the objectives for which the funds were awarded), and
for keeping such records and affording such access thereto, as the
Secretary may find necessary to assure the correctness and
verification of such reports;
"(6) provide that the institution will comply with the
limitations set forth in section 346;
"(7) include such other information as the Secretary may
prescribe; and
"(8) describe in a comprehensive manner any development project
for which funds are sought under the application and include--,
development
project, including the estimated time required to
complete each such component;
consists
of several components (as described by the applicant
pursuant
to subparagraph (A)), a statement identifying those
components which, if separately funded, would be sound
investments of Federal funds and those components which
would be sound investments of Federal funds only if
funded
under this title in conjunction with other parts of the
development project (as specified by the applicant);
sought by
the applicant under this title, and a similar evaluation
regarding priorities among the components of any single
development project (as described by the applicant
pursuant
to subparagraph (A));
of
more than one year, a statement of reasons explaining
why
funds are necessary for each year of such period and
why a
single year award would be inadequate;
prepare for
the critical financial problems that all institutions
of higher
education will face during the subsequent decade as a
result
of declining enrollment, increased energy costs, and
other
problems;
applicant;
and
involves
the expenditure of more than $25,000, as identified in
the
budget referred to in subparagraph (F).
" Sec. 342. // 20 USC 1067. // (a)(1) The Secretary may waive the
requirements set forth in section 312(2)(A)(ii) or section 322(a)(2)(
A)(ii) if the Secretary determines, based on persuasive evidence
submitted by the institution, that the institution's failure to meet
that criterion is due to factors which, when used in the determination
of compliance with such criterion, distort such determination, and that
the institution's designation as an eligible institution under part A or
as an institution with special needs under part B (as the case may be)
is otherwise consistent with the purposes of such parts.
"(2) The Secretary shall submit to the Congress each year a report
concerning the institutions which, although not satisfying the criterion
contained in section 312(2)(A)(ii) or section 322(a)(2)(A)( ii), have
been determined to be eligible institutions under part A or institutions
with special needs under part B, as the case may be. Such report
shall--,
"(A) identify the factors referred to in paragraph (1) which
were considered by the Secretary as factors that distorted the
determination of compliance with section 312(2)(A)(ii) or section
322(a)(2)(A)(ii), as the case may be; and
"(B) contain a list of each institution determined to be an
eligible institution under part A or as an institution with
special needs under part B and include a statement of the reasons
for each such determination.
"(b) The Secretary may waive the requirement set forth in sections
312(2)(v) and 322(a)(2)(v) in the case of an institution--,
"(1) located on or near an Indian reservation or a substantial
population of Indians, if the Secretary determines that the waiver
will substantially increase higher education opportunities
appropriate to the needs of American Indians;
"(2) wherever located, if the Secretary determines that the
waiver will substantially increase higher education opportunities
appropriate to the needs of Spanish-speaking people;
"(3) wherever located, if the Secretary determines that the
waiver will substantially increase higher education opportunities
appropriate to the needs of individuals living in rural areas,
whose needs are for the most part unserved by other postsecondary
education institutions;
"(4) wherever located, if the Secretary determines that the
waiver will substantially increase higher education opportunities
appropriate to the needs of low-income individuals; or
"(5) wherever located, if the Secretary determines that the
institution has traditionally served substantial numbers of black
students.
" Sec. 343. // 20 USC 1068. // (a)(1) All applications submitted
under this title by institutions of higher education shall be read by a
panel of readers composed of individuals selected by the Secretary. The
Secretary shall ensure that no individual assigned under this section to
review any application has any conflict of interest with regard to the
application which might impair the impartiality with which the
individual conducts the review under this section.
"(2) All readers selected by the Secretary shall receive thorough
instruction from the Secretary regarding the evaluation process for
applications submitted under this title and consistent with the
provisions of this title, including--,
"(A) explanations and examples of the types of activities
referred to in section 311(b) that should receive special
consideration for grants awarded under part A and of the types of
activities referred to in section 321(b) that should receive
special consideration for grants awarded under part B;
"(B) an enumeration of the factors to be used to determine the
quality of applications submitted under this title; and
"(C) an enumeration of the factors to be used to determine
whether a grant should be awarded for a project under this title,
the amount of any such grant, and the duration of any such grant.
"(b) In awarding grants under this title, the Secretary shall take
into consideration the recommendations of the panel made under
subsection (a).
"(c) Not later than June 30 of each year, the Secretary shall notify
each institution of higher education making an application under this
title of--,
"(1) the scores given the applicant by the panel pursuant to
this section,
"(2) the recommendations of the panel with respect to such
application, and
"(3) the reasons for the decision of the Secretary in awarding
or refusing to award a grant under this title, and any
modifications, if any, in the recommendations of the panel made by
the Secretary.
" Sec. 344. // 20 USC 1069. // (a) The Secretary may make grants to
encourage cooperative arrangements--,
"(1) with funds available to carry out part A, between
institutions eligible for assistance under part A; or
"(2) with funds available to carry out part B, between
institutions eligible for assistance under part B;
for the activities described in section 311(b) or section 321(b), as the
case may be, so that the resources of the cooperating institutions might
be combined and shared to achieve the purposes of such parts and avoid
costly duplicative efforts.
"(b) The Secretary shall give priority to grants for the purposes
described under subsection (a) whenever the Secretary determines that
the cooperative arrangement is geographically and economically sound.
"(c) Grants to instututions having a cooperative arrangement may be
made under this section for a period as determined under section 313 or
323, as the case may be.
" Sec. 345. // 20 USC 1069a. // (a) Each institution which the
Secretary determines to be an eligible institution under part A or an
institution with special needs under part B shall be eligible for
waivers in accordance with subsection (b).
"(b)(1) Subject to, and in accordance with, regulations promulgated
for the purpose of this section, in the case of any application by an
institution referred to in subsection (a) for assistance under any
programs specified in paragraph (2), the Secretary is authorized, if
such application is otherwise approvable, to waive any requirement fora
non-Federal share of the cost of the program or project, or, to the
extent not inconsistent with other law, to give, or require to be given,
priority consideration of the application in relation to applications
from other institutions.
"(2) The provisions of this section shall apply to any program
authorized by title II, IV, VII, or VIII of this Act.
"(c) The Secretary shall not waive, under subsection (b), the
non-Federal share requirement for any program for applications which, if
approved, would require the expenditure of more than 10 per centum of
the appropriations for the program for any fiscal year.
" Sec. 346. // 20 USC 1069b. // The funds appropriated under section
347 may not be used--,
"(1) for a school or department of divinity or any religious
worship or sectarian activity;
"(2) for an activity that is inconsistent with a State plan for
desegregation of higher education applicable to such institution;
"(3) for an activity that is inconsistent with a State plan of
higher education applicable to such institution; or
"(4) for purposes other than those set forth in the approved
application under which the funds were made available to the
institution.
" Sec. 347. // 20 USC 1069c. // (a)(1) There are authorized to be
appropriated to carry out parts A and B $175,000,000 for the fiscal year
1985, $185,000,000 for the fiscal year 1983, $200,000,000 for the fiscal
year 1984, and $220,000,000 for the fiscal year 1985. Of the amounts
appropriated under this paragraph for each fiscal year, 50 per centum
shall be made available to carry out part A and 50 per centum shall be
made available to carry out part B.
"(2) There are authorized to be appropriated to carry out part C
$25,000,000 for the fiscal year 1982, $35,000,000 for the fiscal year
1983, $45,000,000 for the fiscal year 1984, and $50,000,000 for the
fiscal year 1985.
"(b) In the event of a multile year award to any institution under
this title, the Secretary shall make funds available for such award from
funds appropriated for this title for the fiscal year in which such
funds are to be used by the recipient.
"(c)(1) Of the sums appropriated under subsection (a)(1) for any
fiscal year for part A, the Secretary shall make available to use for
the purposes of each such part--,
"(A) not less than 24 per centum to institutions that are
junior or community colleges, and
"(B) the remainder to institutions that plan to award a
bachelor's degree during that year.
"(2) Of the sums appropriated under subsection (a)(1) for any fiscal
year for part B, the Secretary shall make available to use for the
purposes of each such part--,
"(A) not less than 30 per centum to institutions that are
junior or community colleges, and
"(B) the remainder to institutions that plan to award a
bachelor's degree during that year.
"(d) Of the sums appropriated under subsection (a)(1) for the purpose
of part A for any fiscal year, the Secretary shall make available not
less than 25 per centum for grants under section 313(a)( 2). Any funds
made available under this subsection for such grants which are not
expended during the fiscal year for which such funds were appropriated
shall remain available for expenditure for the purpose of making such
grants during subsequent fiscal years.
"(e) The Secretary shall assure that in each fiscal year the amount
available under part B for institutions with special needs that
historically serve substantial numbers of black students will not be
less than 50 per centum of the amount received by such institutions for
fiscal year 1979.".
Institutions of
Higher Education
Sec. 401. // 20 USC 1070. // Section 401 (a) of the Act is
amended--,
(1) by striking out "qualified students" and inserting in lieu
thereof "eligible students (defined in accordance with section
484)";and
(2) by striking out "of exceptional need who, for lack of such
a grant, would be unable to obtain the benefits of a postsecondary
education" in paragraph (2) and inserting in lieu thereof "who
demonstrate financial need".
Sec. 402. // 20 USC 1070a. // (a) Section 411(a)(1) of the Act is
amended to read as follows;
" Sec. 411. (a)(1)(A) The Secretary shall, during the period
beginning July 1, 1972, and ending September 30, 1985, pay to each
eligible student (defined in accordance with section 484) for each
academic year during which that student is in attendance at an
institution of higher education, as an undergraduate, a basic grant in
the amount for which that student is eligible, as determined pursuant to
paragraph (2).
"(B) The purpose of this subpart is to provide a basic grant that (i)
as determined under paragraph (2), will meet in academic year 1985 -
1986, 70 per centum of a student's cost of attendance not in excess of
$3,700; and (ii) in combination with reasonable parental or independent
student contribution and supplemented by the programs authorized under
subparts 2 and 3 of this part, will meet 75 per centum of a student's
cost of attendance, unless the institution determines that greater
amount of assistance would better serve the purposes of section 401.
"(C) Basic grants made under this subpart shall be known as ' Pell
Grants'.".
(b)(1) Section 411(a)(2)(i) of the Act is amended to read as follows:
"(2)(A)(i) The amount of the basic grant for a student eligible under
this part shall be--,
"(I) $1,900 for academic year 1981 - 1982,
"(II) $2,100 for academic year 1982 - 1983,
"(III) $2,300 for academic year 1983 - 1984,
"(IV) $2,500 for academic year 1984 - 1985, and
"(V) $2,600 for academic year 1985 - 1986,
less an amount equal to the amount determined under section 482 to be
the expected family contribution with respect to that student for that
year.".
(2) Section 411(a)(2)(A)(ii) of this Act // 20 USC 1070a. // is
amended by striking out " February 1 of each year" and inserting in lieu
thereof " January 1, 1981, October 1, 1981, and on October 1 of each
succeeding year".
(c)(1) Section 411(a)(2)(B)(i) of the Act is amended to read as
follows:
"(B)(i) The amount of a basic grant to which a student is entitled
under this subpart for any academic year shall not exceed--,
"(I) 50 per centum of the cost of attendance (as defined under
section 482(d)) at the institution at which the student is in
attendance for that year, when the maximum grant is less than or
equal to $1,900;
"(II) 55 per centum of such cost of attendance when the maximum
basic is more than $1,900 but is less than $2,100;
"(III) 60 per centum of such cost of attendance when the
maximum basic grant is at least $2,100 but is less than $2,300;
"(IV) 65 per centum of such cost of attendance when the maximum
basic grant is at least $2,300 but is less than $2,600; and
"(V) 70 per centum of such cost of attendance when the maximum
basic grant is $2,600.".
(2) Section 411(a)(2)(B)(ii) of the Act is amended by striking out
"actual" each time it appears.
(3) Section 411(a)(2)(B)(iv) of the Act is repealed.
(d)(1) Section 411(a)(3) of the Act is repealed.
(2) Paragraph (4) of section 411(a) of the Act is redesignated as
paragraph (3).
(e) Section 411(a)(3) of the Act (as redesignated by subsection (d)(
2)) is amended to read as follows:
"(3) The period during which a student may receive basic grants shall
be the period required for the completion of the first undergraduate
baccalaureate course of study being pursued by that student at the
institution at which the student is in attendance. Nothing in this
section shall exclude from eligibility courses of study which are
noncredit or remedial in nature which are determined by the institution
as necessary to help the student be prepared for the pursuit of a first
undergraduate baccalaureate degree.".
(f) Section 411(b)(3)(B)(i) of the Act is amended to read as follows:
"(B)(i) If, during any period of any fiscal year, the funds available
for payments under this subpart are insufficient to satisfy fully all
entitlements, the amount paid with respect to each such entitlement, as
calculated prior to the cost of attendance limitation provided in
section 411(a)(2)(B)(i) under this subpart, shall be--,
"(I) the full amount in the case of any student's eligibility
index which is less than 601;
"(II) 90 per centum of the amount when the student's
eligibility index is 601 but less than 801;
"(III) 80 per centum of the amount when the student's
eligibility
index is 801 but less than 1001;
"(IV) 70 per centum when the student's eligibility index is
1001 but less than 1201;
"(V) 60 per centum when the student's eligibility index is 1201
but less than 1601; and
"(VI) 50 per centum when the student's eligibility index is
1601 or greater.
For the purpose of this division, a 'student's eligibility index' is the
index of need of a student established by the Secretary in carrying out
section 482, relating to the family contribution schedule.".
(g) Section 411(b)(5) of the Act // 20 USC 1070a. // is amended to
read as follows:
"(5)(A) For any fiscal year ending prior to October 1, 1985, if--,
"(i) the appropriation for making grants under subpart 2 of
this part for that fiscal year does not at least equal
$370,000,000,
"(ii) the appropriation for State student incentive grants
under subpart 3 of this part
// 20 USC 1070c. // for that fiscal year does not at least equal
$76,750,000,
"(iii) the appropriation for work-study payments under section
441 of this title for that fiscal year does not at least equal
$550,000,000,and
"(iv)(I) the amount available for Federal capital contributions
to student loan funds for that fiscal year from funds appropriated
under section 461
// 20 USC 1087aa. // does not at least equal $286,000,000,(II) the
sum of the amounts available under both sections 461 and 468 for
Federal capital contributions to student loan funds for that
fiscal year does not at least equal $286,000,000,or (III) the
amount available under section 468 is not sufficient to provide
Federal capital contributions to such funds for that fiscal year
in an amount which equals or exceeds the total amount which was
available for student loans during the preceding fiscal year,
no payment may be made in excess of $1,800 on the basis of entitlements
established under this subpart in excess of such amount.
"(B) For any fiscal year ending prior to October 1, 1985, if--,
"(i) the appropriation for making grants under subpart 2 of
this part for that fiscal year does not at least equal
$400,000,000,
"(ii) the appropriation for State student incentive grants
under subpart 3 of this part for that fiscal year does not at
least equal $76,750,000,
"(iii) the appriopriation for work-study payments under section
441 of this title for that fiscal year does not at least equal
$550,000,000,and
"(iv)(I) the amount available for Federal capital contributions
to student loan funds for that fiscal year from funds appropriated
under section 461 does not at least equal $286,000,000,(II) the
sum of the amounts available under both sections 461 and 468 for
Federal capital contributions to student loan funds for that
fiscal year does not at least equal $286,000,000,or (III) the
amount available under section 468 is not sufficient to provide
Federal capital contributions to such funds for that fiscal year
in an amount which equals or exceeds the total amount which was
available for student loans during the preceding fiscal year,
no payment may be made in excess of $1,899 on the basis of entitlements
established under this subpart in excess of such amount.
"(C) For any fiscal year ending prior to October 1, 1985, if--,
"(i) the appropriation for making grants under subpart 2 of
this part for that fiscal year does not at least equal
$440,000,000,
"(ii) the appropriation for State student incentive grants
under subpart 3 of this part for that fiscal year does not at
least equal $76,750,000,
"(iii) the appropriation for work-study payments under section
441 of this title for that fiscal year does not at least equal
$550,000,000,and
"(iv)(I) the amount available for Federal capital contributions
to student loan funds for that fiscal year from funds appropriated
under section 461 does not at least equal $286,000,000, (II) the
sum of the amounts available under both section 461 and 468 for
Federal capital contributions to student loan funds that fiscal
year does not at least equal $286,000,000, or (III) the amount
available under section 468 is not sufficient to provide Federal
capital contributions to such funds for that fiscal year in an
amount which equals or exceeds the total amount which was
available for student loans during the preceding fiscal year,
no payment may be made in excess of $2,099 on the basis of entitlements
established under this subpart in excess of such amount.
"(D) For any fiscal year ending prior to October 1, 1985, if--,
"(i) the appropriation for making grants under subpart 2 of
this part
// 20 USC 1070b. //
for that fiscal year does not at least equal $460,000,000,
"(ii) the appropriation for State student incentive grants
under subpart 3 of this part
// 20 USC 1070c. //
for that fiscal year does not at least equal $76,750,000,
"(iii) the appropriation for work-study payments under section
441 of this title for that fiscal year does not at least equal
$550,000,000,and
"(iv)(I) the amount available for Federal capital contributions
to student loan funds for that fiscal year from funds appropriated
under section 461 does not at least equal $286,000,000, (II) the
sum of the amounts available under both sections 461 and 468 for
Federal capital contributions to student loan funds for that
fiscal year does not at least equal $286,000,000, or (III) the
amount available under section 468 is not sufficient to provide
Federal capital contributions to such funds for that fiscal year
in an amount which equals or exceeds the total amount which was
available for student loans during the preceding fiscal year,
no payment may be made in excess of $2,299 on the basis of entitlements
established under this subpart in excess of such amount.
"(E) For any fiscal year ending prior to October 1, 1985, if--,
"(i) the appropriation for making grants under subpart 2 of
this part for that fiscal year does not at least equal
$480,000,000,
"(ii) the appropriation for State student incentive grants
under subpart 3 of this part for that fiscal year does not at
least equal $76,750,000,
"(iii) the appropriation for work-study payments under section
441 of this title for that fiscal year does not equal at least
$550,000,000, and
"(iv)(I) the amount available for Federal capital contributions
to student loan funds for that fiscal year from funds appropriated
under section 461 does not at least equal $286,000,000, (II) the
sum of the amounts available under both sections 461 and 468 for
Federal capital contributions to student loan funds for that
fiscal year does not at least equal $286,000,000, or (III) the
amount available under section 468 is not sufficient to provide
Federal capital contributions to such funds for that fiscal year
in an amount which equals or exceeds the total amount which was
available for student loans during the preceding fiscal year,
no payment may be made equal to or in excess of $2,500 on the basis of
entitlements established under this subpart which are equal to or in
excess of such amount.".
(h) Subsections (d) and (e) of section 411 of the Act // 20 USC
1070a. // are repealed.
Sec. 403. // 20 USC 1070b. // (a) Section 413 A(a) of the Act is
amended by striking out "who, for lack of financial means, would be
unable to obtain such benefits without such a grant" and inserting in
lieu thereof "who demonstrate financial need in accordance with the
provisions of section 482".
(b)(1) The first sentence of section 413 A(b)(1) of the Act // 20 USC
1070b. // is amended by inserting before the period a comma and the
following: "and $350,000,000 for the fiscal year 1981, and for each of
the succeeding fiscal years ending prior to October 1, 1985".
(2) Section 413 A(b)(3) of the Act is amended by inserting "second"
before "fiscal year" the second time it appears in such section.
(c)(1) Section 413 B(a)(2)(A) of the Act // 20 USC 1070b-1. // is
amended to read as follows:
"(2)(A) The amount of the payment to any student pursuant to
paragraph (1) shall be equal to the amount determined by the
institution, in accordance with the provisions of section 482, to be
needed by that student to enable him to pursue a course of study at the
institution, except that such amount shall not exceed $2,000.".
(2) Section 413 B(a)(2)(B) of the Act is amended by adding at the end
thereof the following new sentence: " For a student enrolled for less
than a full academic year, the minimum payment required shall be reduced
proportionately.".
(3) Section 413 B(a)(2) of the Act is further amended by striking out
subparagraph (C).
(4) Section 413 B(b) of the Act is amended to read as follows:
"(b)(1) The period during which a student may receive supplemental
grants shall be the period required for the completion of the first
undergraduate baccalaureate course of study being pursued by that
student at the institution at which the student is in attendance.
"(2) A supplemental grant awarded under this subpart shall entitle
the student to whom it is awarded to payments pursuant to such grant
only if the student meets the requirements of section 484, except as
provided in section 413 C(c).".
(d) Section 413 C of the Act is amended to read as follows:
INSTITUTIONS
" Sec. 413 C. // 20 USC 1070b-2. // (a) An individual shall be
eligible for the award of a supplemental grant under this subpart by an
institution of higher education which, in accordance with section 487,
has an agreement with the Secretary applicable to this subpart, if the
individual makes application at a time and in a manner consistent with
the requirements of the Secretary and that institution, and meets the
requirements of section 484.
"(b) From among individuals who are eligible for supplemental grants
for each fiscal year, the institution shall, in accordance with the
agreement under section 487, and within the amount allocated to the
institution for that purpose for that year under section 413 D(b),
select individuals who are to be awared such grants and determine, in
accordance with section 413 B, the amounts to be paid to them.
"(c) An eligible institution may use not more than 10 per centum of
its allocation for less-than-half-time undergraduate who are determined
by the institution to be in need of such grants and who meet the
requirements of section 484, other than the requirement of clause (2) of
section 484(a).".
(e)(1) Section 413 D(a)(1) of the Act // 20 USC 1070b-3. // is
amended by striking out "persons" each place it appears and inserting in
lieu thereof "undergraduates".
(2) Section 413 D(a)(2) is amended by striking out "section 431 A(
b)(2)" and inserting in lieu thereof "section 413 A(b)(2)".
(3) Section 413 D(b)(1)(B)(ii) of the Act is amended to read as
follows:
"(ii) Allocations under division (i) by the Secretary to such
institutions shall be made in accordance with a formula which determines
institutional need for funds under this subpart by substracting from 75
per centum of total student expenses the sum of expected family or
independent student contributions, awards made under subparts 1 and 3 of
this part, // 20 USC 1070a. 20 USC 1070c. // and 25 per centum of
grants and wawards made by the institution from its own resources. In
addition, the Secretary, in establishing equitable criteria, shall not
issue any regulation which has the effect of penalizing institutions
that under existing State law must provide scholarships or grant
assistance from their own funds and yet are not free under laws in
effect on January 1, 1979, either to select the recipients of such
assistance or to adjust the criteria by which the recipients are
selected. The formula established under this division shall not result
in any institution receiving an amount less than--,
"(I) 100 per centum of the amount such institution received and
used under this section for fiscal year 1979 in the case of any
fiscal year for which the appropriation for this part is less than
$400,000,000;
"(II) 80 per centum of such amount in the case of any fiscal
year for which such appropriation is at least $400,000,000 but
less than $420,000,000;
"(III) 60 per centum of such amount in the case of any fiscal
year for which such appropriation is at least $420,000,000 but
less than $440,000,000;
"(IV) 40 per centum of such amount in the case of any fiscal
year for which such appropriation is at least $440,000,000 but
less $460,000,000; or
"(V) 20 per centum of such amount in the case of any fiscal
year for which such appropriation is at least $460,000,000 but
less than $480,000,000.".
(4) Section 413 D(b)(2) of the Act // 20 USC 1070b-3. // is amended
by adding at the end thereof the following new sentence: " Such
allocation shall be made in accordance with the formula prescribed by
regulation under division (ii) of paragraph (1)(B) of this subsection.".
(f) Section 413 D(b) of the Act is amended by redesignating paragraph
(3) as paragraph (4) and by inserting after paragraph (2) the following
new jparagraph:
"(3) Each institution receiving allocations under this subsection
from apportionments made to the State under subsection (a)(1) and under
subsection (a)(2) may use its allocations for initial supplemental
grants and for continuing supplemental grants in such manner as the
institution determines will best achieve the purposes of this subpart.".
Sec. 404. (a) Section 415 A of the Act is amended to read as
follows:
" Sec. 415 A. // 20 USC 1070c. // (a) It is the purpose of this
subpart to make incentive grants available to the States to assist them
in providing grants to eligible students attending institutions of
higher education.
"(b)(1) There are authorized to be appropriated $100,000,000 for each
of the fiscal years 1981 and 1982, $150,000,000 for fiscal year 1983,
$200,000,000 for fiscal year 1984, and $250,000,000 for fiscal year
1985, for payments to the States for grants to eligible students under
this subpart.
"(2) Sums appropriated pursuant to paragraph (1) for any fiscal year
shall remain available for payments to States for the award of student
grants under this subpart until the end of the fiscal year succeeding
the fiscal year for which such sums were appropriated.".
(b) Section 415 B(a)(1)(A) of the Act // 20 USC 1070c-1. // is
amended by inserting before the period a comma and the following:
"except that no State shall receive less than the State received for
fiscal year 1979".
(c) Section 415 C of the Act // 20 USC 1070c-2. // is amended--,
(1) in subsection (a), by striking out "shall submit" and
inserting inlieu thereof "shall have a State agreement pursuant to
section 1203 and shall submit";
(2) in subsection (b)(1), by inserting "under section 1203"
immediately after "agency";
(3) in subsection (b)(2), by striking out "$1,500" and
inserting in lieu thereof "$2,000", and by striking out "as an
undergraduate";
(4) in subsection (b)(4), by inserting immediately before the
semicolon at the end thereof the following: "or in any State in
which participation of nonprofit institutions of higher education
is in violation of a statute of the State which was enacted prior
to October 1, 1978"; and
(5) in subsection (b), by striking out "and" at the end of
clause (5), by redesignating clause (6) as clause (8), and by
inserting after clause (5) the following new clauses:
"(6) provides that institutions of higher education, with the
approval of the State agency, may use any proportion of the
payments received in any fiscal year for grants to otherwise
eligible students who fail to meet the requirement of section
484(a)(2);
"(7) provides for State expenditures under such program of an
amount not less than the average annual aggregate expenditures for
the preceding three fiscal years or the average annual expenditure
per full-time equivalent student for such years; and".
(d) Section 415 E of the Act // 20 USC 1070c-4. // is repealed.
BACKGROUNDS
Sec. 405. Subpart 4 of part A of title IV of the Act is amended to
read as follows:
" Sec. 417 A. // 20 USC 1070d. // (a) The Secretary shall, in
accordance with the provisions of this subpart, carry out a program of
making grants and contracts designed to identify qualified individuals
from disadvantaged backgrounds, to prepare them for a program of
postsecondary education, to provide special services for such students
who are pursuing programs of postsecondary education, and to train
persons serving or preparing for service in programs and projects so
designed.
"(b)(1) For the purposes described in subsection (a), the Secretary
is authorized, without regard to section 3709 of the Revised Statutes
(41 U.S.C.5), to make grants to, and contracts with, institutions of
higher education, public and private agencies and organizations, and, in
exceptional circumstances, secondary schools for planning, developing,
or carrying out one or more of the services assisted under this subpart.
"(2) In making grants and contracts under this subpart,the Secretary
shall consider the prior experience of service delivery under the
particular program for which funds are sought by each applicant.
"(c) For the purpose of making grants and contracts under this
subpart there are authorized to be appropriated $400,000,000 for fiscal
year 1982 and such sums as may be necessary for each of the succeeding
fiscal years ending prior to October 1, 1985.
"(d) For the purposes of this subpart--,
"(1) the term 'first generation college student' means a person
neither of whose parents completed a baccalaureate degree; and
"(2) the term 'low-income individual' means an individual from
a family whose taxable income for the preceding year did not
exceed 150 per centum of an amount equal to the proverty level
determined by using criteria of poverty established by the Bureau
of the Census.
"(e) No individual who is an eligible veteran, as that term is
defined by section 1652(a) of title 38, United States Code, shall be
deemed ineligible to participate in any program under this subpart by
reason of such individual's age.
" Sec. 417 B. // 20 USC 1070d-1. // (a) The Secretary shall carry
out a program to be known as talent search which shall be designed--,
"(1) to identify qualified youths with potential for education
at the postsecondary level and to encourage such youth to complete
seccondary school and to undertake a program of postsecondary
education;
"(2) to publicize the availability of student financial
assistance available to persons who pursue a program of
postsecondary education; and
"(3) to encourage persons who have not completed programs of
education at the secondary or postsecondary level, but who have
the ability to complete such programs, to reenter such programs.
"(b) A talent search project assisted under this subpart may include,
in addition to the services described in paragraphs (1), (2), and (3) of
subsection (a), tutorial services for youths being encouraged to
undertake or reenter programs of postsecondary education if such
tutorial services are not otherwise available to such youths through a
project assisted under this subpart.
"(c) In approving applications for talent search projects under this
subpart for any fiscal year the Secretary shall--,
"(1) require an assurance that not less than two-thirds of the
youths participating in the project proposed to be carried out
under any application be low-income individuals who are first
generation college students;
"(2) require that such participants be persons who either have
completed six years of elementary education or are at least twelve
years of age but not more than twenty-seven years of age, unless
the imposition of any such limitation with respect to any person
would defeat the purposes of this section or the purposes of
section 417 E; and
"(3) require an assurance that individuals participating in the
project proposed in the application do not have access to services
from another project funded this section or under section 417 E.
"(d) In approving applications for talent search projects under this
subpart for any fiscal year, the Secretary shall require assurances that
the project will be located in a setting accessible to the persons
proposed to be served by the project.
" Sec. 417 C. // 20 USC 1070d-1a. // (a) The Secretary shall carry
out a program to be known as upward bound which shall be designed to
generate skills and motivation necessary for success in education beyond
high school.
"(b) Any upward bound project assisted under the subpart may provide
services such as--,
"(1) instruction in reading, writing, study skills,
mathematics, and other subjects necessary for success beyond high
school;
"(2) personal counseling;
"(3) academic advice and assistance in high school course
selection;
"(4) tutorial services;
"(5) exposure to cultural events, academic programs, and other
activities not usually available to disadvantaged youth;
"(6) activities designed to acquaint youths participating in
the project with the range of career options available to them;
"(7) instruction designed to prepare youths participating in
the project for careers in which persons from disadvantaged
backgrounds are particularly underrepresented;
"(8) on-campus residential programs; and
"(9) programs and activities as described in paragraphs (1)
through (8) which are specially designed for students of limited
English proficiency.
"(c) In approving applications for upward bound projects under this
subpart for any fiscal year the Secretary shall--,
"(1) require an assurance that not less than two-thirds of the
youths participating in the project proposed to be carried out
under any application be low-income individuals who are first
generation college students;
"(2) require an assurance that the remaining youths
participating in the project proposed to be carried out under any
application be either low-income individuals or be first
generation college students;
"(3) require that there be determination, with respect to each
participant in such project, that the participant has a need for
academic support in order to pursue successfully a program of
education beyond high school; and
"(4) require that such participants be persons who have
completed eight years of elementary education and are at least
thirteen years of age but not more than nineteen years of age,
unless the imposition of any such limitation would defeat the
purposes of this section.
"(d) Youths participating in a project proposed to be carried out
under any application may be paid stipends not in excess of $60 per
month during June, July, and August, and not in excess of $40 per month
during the remaining period of the year.
" Sec. 417 D. // 20 USC 1070d-1b. // (a) The Secretary shall carry
out a program to be known as special services for disadvantaged students
(hereinafter referred to as 'special services') which shall be designed
to provide supportive services to persons participating in the projects.
"(b) A special services project assisted under this subpart may
provide services such as--,
"(1) instruction in reading, writing, study skills,
mathematics, and other subjects necessary for success beyond high
school;
"(2) personal counseling;
"(3) academic advice and assistance in course selection;
"(4) tutorial services;
"(5) exposure to cultural events and academic programs not
usually available to disadvantaged students;
"(6) activities designed to acquaint students participating in
the project with the range of career options available to them;
"(7) activities designed to assist students participating in
the project in securing admission and financial assistance for
enrollment in graduate and professional programs; and
"(8) programs and activties as described in paragraphs (1)
through (7) which are specially designed for students of limited
English proficiency.
"(c) In approving applications for special services project under
this subpart for any fiscal year the Secretary shall--,
"(1) require an assurance that not less than two-thirds of the
persons participating in the project proposed to be carried out
under any application--,
"(2) require an assurance that the remaining students
participating in the project proposed to be carried out under any
application either be low-income individuals, first generation
college students, or physically handicapped;
"(3) require that there be a determination, with respect to
each participat in such project, that the participant has a need
for academic support in order to pursu successfully a program of
education beyond high school; and
"(4) require that such participants be enrolled or accepted for
enrollment at the institution which is the recipient of the grant
or contract.
"(d) In approving applications for special services projects under
this subpart for any fiscal year, the Secretary shall require an
assurance from the institution which is the recipient of the grant or
contract that each student enrolled in the project will receive
sufficient financial assistance to meet that student's full financial
need.
" Sec. 417 E. // 20 USC 1070d-1c. // (a) The Secretary shall carry
out a program of paying up to 75 per centum of the cost of establishing
and operating programs to be known as educational opportunity centers
which shall be designed--,
"(1) to provide information with respect to financial and
academic assistance available for individuals desiring to pursue a
program of postsecondary education; and
"(2) to provide assistance to such persons in applying for
admission to institutions at which a program of postsecondary
education is offered, including preparing necessary applications
for use by admissions and financial aid officers.
"(b) An educational opportunity center assisted under this subpart
may provide, in addition to the services described in clauses (1) and
(2) of subsection (a), tutorial and counseling services for persons
participating in the project if such tutorial and counseling services
are not otherwise available through a project assisted under this
subpart.
"(c) In approving applications for educational opportunity centers
under this subpart for any fiscal year the Secretary shall--,
"(1) require an assurance that not less than two-thirds of the
persons participating in the project proposed to be carried out
under any application be low-income individuals who are first
generation college students;
"(2) require that such participants be persons who are at least
nineteen years of age, unless the imposition of such limitation
with respect to any person would defeat the purposes of this
section or the purposes of section 417 B; and
"(3) require an assurance that individuals participating in the
project proposed in the application do not have access to services
from another project funded under this section or under section
417 B.
" Sec. 417 F. // 20 USC 1070d-1d. // For the purpose of improving
the operation of the programs and projects authorized by this subpart,
the Secretary is authorized to make grants to institutions of higher
education and other public and private nonprofit institutions and
organizations to provide training for staff and leadership personnel
employed in, or preparing for employment in, such programs and projects.
Such training shall include conferences, internships, seminars, and
workshops designed to improve the operation of such programs and
projects and shall be carried out in the various regions of the Nation
in order to ensure that the training opportunities are appropriate to
meet the needs in the local areas being served by such programs and
projects. Grants for the purposes of this section shall be made only
after consultation with regional and State professional associations of
persons having special knowledge with respect to the needs and problems
of such programs and projects.".
STUDENTS
Sec. 406. Subpart 5 of part A of title IV of the Act is amended to
read as follows:
Families
Are Engaged in Migrant and Seasonal Farmwork
" Sec. 418 A. // 20 USC 1070d-2. // (a) The Secretary shall maintain
and expand existing secondary and postsecondary high school equivalency
program and college assistance migrant program projects, which shall be
designed to provide services to students of families who are engaged in
migrant and seasonal farmwork. The services authorized by this subpart
include--,
"(1) instruction in reading, writing, study skills,
mathematics, communication skills, and other subjects necessary
for success beyond high school, and in preparation for the
examination for a certificate of high school equivalency;
"(2) personal and academic counseling;
"(3) outreach and recruitment, special admissions, and
financial assistance;
"(4) tutorial services;
"(5) career-oriented work study;
"(6) housing support and on-campus residential programs;
"(7) activities designed to acquaint youths participating in
the project with the range of career options available to them;
"(8) exposure to cultural events, academic programs and other
activities not usually available to migrant youth; and
"(9) other essential supportive services, as needed to ensure
the success of eligible migrant and seasonal farmwork students at
the secondary and postsecondary levels.
"(b) There is authorized to be appropriated $9,600,000 for the fiscal
year 1981, $12,000,000 for the fiscal year 1982, $14,000,000 for the
fiscal year 1983, $16,000,000 for the fiscal year 1984, and $18,000,000
for the fiscal year 1985, to carry out the provisions of this subpart.".
Sec. 407. Section 420 of the Act is amended to read as follows:
INSTITUTIONS OF
HIGHER EDUCATION
" Sec. 420. // 20 USC 1070e-1. // (a)(1) During the period beginning
July 1, 1972, and ending September 30, 1985, each institution of higher
education shall be entitled to a payment under, and in accordance with,
this section during any fiscal year if--,
"(A) the number of persons who are veterans receiving
vocational rehabilitation under chapter 31 of title 38, United
States Code,
// 38 USC 1501 //
or veterans receiving educational assistance under chapter 34 of
such title,
// 38 USC 1651 //
and who are in attendance as undergradutate students at such
institution during any academic year, equals at least--,
preceding
academic year, or
per
centum of such undergraduate students which is less than
such per centum for the preceding academic year; and
"(B) the number of such persons is at least 25.
"(2) With respect to any academic year ending on or before September
30, 1986, each institution which has qualified for payment under this
section for the preceding year shall be entitled during such academic
year, notwithstanding the provisions of paragraph (1)(A), to a payment
under this section if--,
"(A) the number of persons referred to in paragraph (1) equals
at least the number which bears the same ratio to the number of
such recipients who were in attendance at such institution during
the first academic year in which the institution was entitled to
payments under this section as the number of such recipients in
all institutions of higher education during the academic year for
which the determination is made bears to the number of such
recipients in all institutions of higher education for the first
such academic year; or
"(B) in the event that subparagraph (A) of this paragraph is
not satisfied, the Secretary determines, on the basis of evidence
presented by such institution, that such institution is making
reasonable efforts, taking into consideration the extent to which
the number of persons referred to in such paragraph (1) falls
short of meeting the ratio criterion set forth in such
subparagraph (A), to continue to recruit, enroll, and provide
necessary services to veterans.
"(3) For any fiscal year beginning after September 30, 1980, the
Secretary may waive the provisions of paragraph (1) of this subsection
for any institution of higher education which has qualified for payment
under this section for any preceding fiscal year but subsequently became
ineligible, if
"(A) the institution would have been eligible had section 420(
a)(2) been in effect when such institution became ineligible,
"(B) the institution has had a full-time office of veterans'
affairs since that institution was so eligible, and
"(C) the appropriations made available in any such fiscal year
for this section are in excess of (i) $14,380,000, or (ii) the
amount requested for carrying out this section in the budget of
the President submitted under section 201 of the Budget and
Accounting Act, 1921,
// 31 USC 11. //
whichever is greater, by an amount sufficient to make payments to
all institutions meeting the requirements of clauses (A) and (B)
of this paragraph.
"(b)(1) The amount of the payment to which any institution shall be
entitled under this section for any fiscal year shall be--,
"(A) $300 for each person who is a veteran receiving vocational
rehabilitation under chapter 31 of title 38, United States Code,
// 38 USC 1501 //
or a veteran receiving educational assistance under chapter 34 of
such title 38,
// 38 USC 1651 //
and who is in attendance at such institution as an undergraduate
student during such year; and
"(B) in addition, $150 for each person who is in attendance at
such institution as an undergraduate student during such year and
who has been the recipient of educational assistance under
subchapter V or VI of chapter 34 of such title 38,
// 38 USC 1690, 1695. //
or who has a service-connected disability as defined in section
101(16) of such title 38, or who is disabled, as determined in
accordance with regulations promulgated by the Secretary after
consultation with the Administrator of Veterans' Affairs.
"(2) In any case where a person on behalf of whom a payment is made
under this section attends an institution on less than a full-time
basis, the amount of the payment on behalf of that person shall be
reduced in proportion to the degree to which that person is not
attending on a full-time basis. In no case shall a payment be made on
behalf of a person who attends an institution on less than a half-time
basis.
"(c)(1) An institution of higher education shall be eligible to
receive the payment to which it is entitled under this section only if
it makes application therefor to the Secretary. An application under
this section shall be submitted at such time or times, in such manner,
in such form and containing such information as the Secretary determines
necessary to carry out the functions of the Secretary under this title,
and shall--,
"(A) set forth such policies, assurances, and procedures as
will insure that--,
section
and available to it after the requirements of
subsection (e)
have been met will be used solely to defray
instructional
expenses in academically related programs of the
applicant;
divinity
or for any religious worship or sectarian activity;
related
programs of the institution, an amount equal to at
least the
average amount so expended during the three years
preceding
the year for which the grant is sought; and
"(B) contain such other statement of policies, assurances, and
procedures as the Secretary may require by regulation in order to
protect the financial interests of the United States; and
"(C) set forth such plans, policies, assurances, and procedures
as will insure that the applicant will make an adequate effort--,
which
has responsibility for veterans' outreach, recruitment,
and
special education programs, including the provision of
educational,
vocational, and personal counseling for veterans,
educationally
disadvantaged veterans for postsecondary education (I)
under subchapter V of chapter 34 of title 38, United
States
Code,
// 38 USC 1690. //
and (II) in the case of any institution located near a
military installation, under subchapter VI of such
chapter
34,
// 38 USC 1695. //
or
handicapped veterans, incarcerated veterans, and
educationally
disadvantaged veterans), recruiting, and counseling
activities through the use of funds available under
federally
assisted work-study programs (with special emphasis on
the
veteran-student services program under section 1685 of
such
title 38),
program)
in order to make maximum use of the benefits
available under section 1692 of such title 38, and
under
section 612 A of title 38, United States Code, and
with the
veterans employment and training initiatives authorized
under the Comprehensive Employment and Training Act
// 29 USC 801 //
and under chapters 41 and 42 of title 38, United
States Code,
// 38 USC 2001 //
in order to assist in serving the readjustment,
rehabilitation,
personal counseling, and employment needs of veterans,
except that an institution which the Secretary determines, in accordance
with regulations jointly prescribed by the Secretary and the
Administrator of Veterans' Affairs (hereinafter referred to as the '
Administrator'), cannot feasibly itself, in terms of the number of
veterans in attendance there, carry out any or all of the programs set
forth in subclauses (i) through (v) of clause (C), may carry out such
program or programs through a consortium agreement with one or more
other institutions of higher education and shall be required to carry
out such programs only to the extent that the Secretary determines, in
accordance with regulations jointly prescribed by the Secretary and the
Administrator, is appropriate in terms of the number of veterans in
attendance at such institution. The adequacy of efforts to meet the
requirements of clause (C) of this paragraph shall be determined by the
Secretary, based upon the recommendations of the Administrator, in
accordance with criteria established in regulations jointly prescribed
by the Secretary and the Administrator.
"(2) The Secretary shall not approve an application under this
subsection unless he determines that the applicant will implement the
requirements of clause (C) of paragraph (1) within the first academic
year during which it receives a payment under this section.
"(d)(1) The Secretary shall pay to each institution of higher
education which has had an application approved under subsection (c) the
amount to which it is entitled under this section.
"(2) The maximum amount of payments to any institution of higher
education, or any branch which is located in a community which is
different from that in which the parent institution thereof is located,
in any fiscal year shall be $75,000. In making payments under this
section for any fiscal year, the Secretary shall apportion the
appropriation for making such payments, from funds which become
available as a result of the limitation on payments set forth in the
preceding sentence, in such a manner as will result in the receipt by
each institution which is eligible for payment under this section of the
first $9,000 (or the amount of its entitlement for that fiscal year,
whichever is the lesser) and then additional amounts up to the
limitation set forth in the preceding sentence.
"(e) Not less than 90 per centum of the amounts paid to any
institution under subsection (d) in any fiscal year shall be used to
implement the requirement of clause (C)(i) of paragraph (1) of
subsection (c), and to the extent that such funds remain after
implementing such requirement, funds limited by such 90 per centum
requirement shall be used for implementing the requirements of
subclauses (ii) through (v) of clause (C) of such paragraph (1), except
that the Secretary may, in accordance with criteria established in
regulations jointly prescribed by the Secretary with the Administrator,
waive the requirement of this subsection to the extent that he finds
that such institution is adequately carrying out all such requirements
without the necessity for such application of such amount of the
payments received under this subsection.
"(f) The Secretary, in carrying out the provisions of this section,
shall seek to assure the coordination of programs assisted under this
section with programs carried out by the Veterans' Administration
pursuant to title 38, United States Code, // 38 USC 101. // and the
Administrator shall provide all assistance, technical consultation, and
information otherwise authorized by law as necessary to promote the
maximum effectiveness of the activities and programs assisted under this
section.
"(g) The program provided for in this section shall be administered
by an identifiable administrative unit in the Department of Education.".
Sec. 411. (a) Section 424(a) of the Act // 20 USC 1074. // is
amended--,
(1) by striking out "1981" and inserting in lieu thereof
"1986"; and
(2) by striking out "1985" and inserting in lieu thereof
"1990".
(b) Section 428(a)(5) of the Act // 20 USC 1078. // is amended--,
(1) by striking out "1981" and inserting in lieu thereof
"1986"; and
(2) by striking out "1985" and inserting in lieu thereof
"1990".
Sec. 412. (a) Section 425(a)(1) of the Act // 30 USC 1075. // is
amended--,
(1) by redesignating clauses (A), (B), and (C), as clauses (B),
(C), and (D), respectively;
(2) by inserting immediately before clause (B) (as so
redesignated) the following new clause:
"(A) that in the case of an independent student (defined in
accordance with section 482(c)(2)) who has not successfully
completed a program of undergraduate education, the total of such
loans may not exceed $3,000,"; and
(3) by striking out "clause (B)" in the last sentence of such
section and inserting in lieu thereof "clause (C)".
(b) Section 425(a)(2) of the Act is amended by striking out "$7,500,
in the case of any student who has not successfully completed a program
of undergraduate education, and $15,000 in the case of any graduate or
professional student" and inserting in lieu thereof "$12,500 in the case
of any student (other than an independent student) who has not
successfully completed a program of undergraduate education, $15,000 in
the case of any independent student who has not successfully completed a
program of undergraduate education, and $25,000 in the case of any
graduate or professional student".
(c) The matter preceding division (i) of section 428(b)(1)(A) of the
Act // 20 USC 1078. // is amended--,
(1) by inserting after "student" the following: "(other than
an independent student)"; and
(2) by inserting after "undergraduate education," the
following:
"or not more than $3,000 in the case of an independent
student (defined in accordance with section 482(c)(2)) who has not
successfully completed a program of undergraduate education,".
(d) Section 428(b)(1)(B) of the Act is amended by striking out
"$7,500, in the case of any student who has not successfully completed a
program of undergraduate education, and $15,000 in the case of any
graduate or professional student" and inserting in lieu thereof "$12,500
in the case of any student (other than an independent student) who has
not successfully completed a program of undergraduate education, $15,000
in the case of any independent student who has not successfully
completed a program of undergraduate education, and $25,000 in the case
of any graduate or professional student".
(e) Section 428 A of the Act // 20 USC 1078-1. // is amended--,
(1) by striking out "$2,500 (in the case of a student who has
not successfully completed a program of undergraduate education)
or $5,000 (in the case of a graduate or professional student)" in
subsection (a)(1)(A) and in subsection (a)(2)(A) and inserting in
lieu thereof in each such place the following: "$2,500 (in the
case of a student, other than an independent student, who has not
successfully completed a program of undergraduate education),
,3,000 (in the case of an independent student (as defined in
section 482(c)(2)) who has not successfully completed a program of
undergraduate education), or $5,000 (in the case of a graduate or
professional student)"; and
(2) by striking out "$7,500 in the case of any student who has
not successfully completed a program of undergraduate education,
and $15,000 in the case of any graduate or professional student"
in subsection (a)(1)(A) and in subsection (a)(2)(A) and inserting
in lieu thereof in each such place the following: "$12,500 in the
case of any student (other than an independent student) who has
not successfully completed a program of undergraduate education,
$15,000 in the case of any independent student who has not
successfully completed a program of undergraduate education, and
$25,000 in the case of any graduate or professional student".
(f) Part B of title IV of the Act // 20 USC 1071. //, // 20 USC
1075. //, // 20 USC 1078. //, // 20 USC 1078-1. // is further amended
by inserting immediately before the period at the end of section
425(a)(2) and immediately before the semicolon at the end of sections
428(b)(1)(B)8 428 A(a)(1)(A), and 428 A(a)(2)(A) the following: ",
except that the Secretary may increase the limit applicable to graduate
or professional students who are pursuing programs which the Secretary
determines are exceptionally expensive".
Sec. 413. (a) Section 427 (a)(2)(C) // 20 USC 1077. // is amended--,
(1) by inserting "or is an officer in the Commissioned Corps of
the Public Health Service" immediately after " Armed Forces of the
United States" in clause (ii); and
(2) by striking out "or (v)" and inserting in lieu thereof the
following: "(v) not in excess of three years during which the
borrower is in service, comparable to the service referred to in
clauses (iii) and (iv), as a full-time volunteer for an
organization which is exempt from taxation under section 501(c)(
3) of the Internal Revenue Code of 1954;
// 26 USC 501. // (vi) not in excess of two years
during which the borrower is serving an intership, the successful
complettion of which is required in order to rerceive professional
recognition required to begin professional practice or service;
(vii) not in excess of three years during which the borrower is
temporarily totally disabled, as established by sworn affidavit of
a qualified physician, or during which the borrower is unable to
secure employment by reason of the care required by a spouse who
is so disabled; or (viii)".
(b) Section 428(b)(1)(M) of the Act // 20 USC 1078. // is amended--,
(1) by inserting "or is an officer in the Commissioned Corps of
the Public Health Service" immediately after " Armed Forces of the
United States" in clause (ii); and
(2) by striking out "or (v)" and inserting in lieu thereof the
following: "(v) not in excess of three years during which the
borrower is in service, comparable to the service referred to in
clauses (iii) and (iv), as a full-time volunteer for an
organization which is exempt from taxation under section 501(c)(
3) if the Internal Revenue Code of 1954; (vi) not in excess of
two years during which the borrower is serving an intership, the
successful completion of which is required in order to receive
professional recognition required to begin professional practice
or service; (vii) not in excess of three tears during which the
borrower is temporarily totally disabled, as established by sworn
affidavit of a qualified physician, or during which the borrower
is unable to secure employment by reason of the care required by a
spouse who is so disabled, or (viii)".
(c) Section 427(a)(2)(C) fi tge Act us anended--,
(1) by striking out "and any such period" and inserting in lieu
thereof "that any such period", and
(2) by inserting before the comma at the end thereof a comma
and the following: "and that no repayment of principal of any
loan for any peropd pf study, training, service, or unemployment
described in this clause or any combination thereof shall begin
until six months after the completion of such period or
combination thereof".
(d) Section 428(b)(1)(M) is amended by inserting before the semicolon
at the end thereof a comma and the following: "and that no repayment of
principal of any loan for any period of study, training, service, or
unemployment described in this clause or any combination thereof shall
begin until six months after the completion of such period or
combination thereof".
(e) Section 435 of the Act // 20 USC 1085. // is amended by adding
at the end thereof the following new subsection:
"(j) The term 'temporarily totally disabled' when used with respect
to a borrower means a borrower who, by reason of injury or illness,
cannot be expected to be able to atten an eligible institution or to be
gainfully employed during a reasonable period of recovery from such
injury or illness not to exceed three years. Such term when used with
respect to the spouse of a borrower means a spouse who, by reason of
injury or illness, cannot be expected to be gainfully employed during a
reasonable period of recovery from such injury or illness not to exceed
three years and who during such period required continuous nursing or
other similar services.".
Sec. 414. Section 428 of the Act // 20 USC 1078. // is amended by
adding at the end thereof the following new subsection:
"(h)(1) From sums advanced by the Association pursuant to section
439(p), each State agency and nonprofit private institution or
organization with which the Secretary has an agreement under subsection
(b) of this section or an eligible lender in a State describe in section
435(g)(1) (D) or (F) of the Act // 20 USC 1085. // is authorization to
make loans directly to students otherwise unable to obtain loans under
this part.
"(2)(A) Each State agency or nonprofit private institution or
organization which has an agreement under subsection (b) of this section
or an eligible lender in a State described in section 435(g)(1) (D) or
(F) and which has an application approved under section 439(p)( 2) may
receive advances under section 439(p) for each fiscal year in an amount
necessary to meet the demand for loans under this section. The amount
such agency, institution, organization, or lender is eligible to receive
may not exceed 25 per centum of the average of the loans guaranteed by
that agency, institution, organization, or lender for the three years
preceding the fiscal year for which the determination is made. Whenever
the determination required by the preceding sentence cannot be made
because the agency, institution, organization, or lender does not have
three years previous experience, the amount such agency, institution,
organization, or lender is eligible to receive may not exceed 25 per
centum of the loans guaranteed under a program of a State of comparable
size.
"(B) Each State agency or nonprofit private institution or
organization which has an agreement under subsection (b) of this section
and each eligible lender in a State described in section 435( g)(1) (D)
or (F) // 20 USC 1085. // shall repay advances made under section
439(p) in accordance with agreements entered between the Association and
such agency, institution, organization, or lender.
"(3) Loans made pursuant to this subsection shall have the same
terms, conditions, and benefits as all other loans made under this
part.".
Sec. 415. (a)(1) Par B of the Act is amended by inserting
immediately after section 427 the following new section:
" Sec.427 A. // 20 USC 1077a. // (a) With respect toany loan to
cover the cost of instruction for any period of instruction beginning on
or afteer January 1, 1981, the rate of interest applicable toany
borrower shall--,
"(1) not exceed 7 per centum per annum on the unpaid principal
balance of the loan in the case of any borrower who, on the date
of entering into the note or other wirtten evidence of that loan,
has an outstanding balance of principal or interest on any loan
made, insured, or guaranteed under this part, other than a loan
for which the interest rate is determined under paragraph (2) or
(3) of this subsection;
"(2) except as provide in paragraph (3), be 9 per centum per
annum on the unpaid principal balance of the loan in the case of
any borrower who, on the date of entering into the note or other
written evidence of that loan, has no outstanding balance of
principal or interest on any loan made, insured, or guaranteed
under this part, or who has such an outstanding balance on a loan
for which the interest rate is determined under this paragraph;
or
"(3) be 8 per centum per annum on the unpaid principal balance
of the loan in the case of any borrower not subject to paragraph
(1) or (2) for any loan to cover the cost of education for any
period of enrollment beginning on or after a date which is three
months after a determination made under subsection (b).
"(b) If for any twelve-month period beginning on or after January 1,
1981, the Secretary, after consultation with the Secretary of the
Treasury, determines that the average of the bond equivalent rates of
ninety-one-day Treasury bills auctioned for such twelve-month period is
equal to or less than 9 per centum, the interest rate for loans under
this part shall be the rate prescribed in subsection (a)(3) for
borrowers described in such subsection.
"(c) Nothing inthis section shall be construed to prohibit a lender
from charging a borrower interest at a rate less than the rate which is
applicable under this part.".
"(2) Section 427(b) of the Act // 20 USC 1077. // is amended by
striking " No maximum and inserting in lieu thereof " Except as provided
in section 427 A, no maximum".
(3) Section 428(a)(3)(B)(ii) of the Act // 20 USC 1078. // is
amended by striking out "7 per centum per annum on the unpaid principal
balance" and inserting in lieu thereof "the applicable interest rate
under this part".
(4) Section 428(b)(1)(F) of the Act is amended by inserting
immediately before the semicolon at the end thereof a comma and the
following: "except as otherwise require by section 427 A".
(5) Section 428(d) of the Act // 20 USC 1078. // is amended by
striking out "( per centum per annum" and inserting in lieu thereof "the
rate specified in this part".
(b)(1)(A) Section 427(a)(2)(B) of the Act // 20 USC 1077. // is
amended by striking out "nine-to-twelve-month period" the first time it
appears and inserting in lieu thereof "six months".
(B) Such section 427(a)(2)(B) is further amended by striking out
"nine months nor later than one year" and inserting in lieu thereof "six
months".
(2)(A) Section 428(b)(1)(E) of the Act // 20 USC 1078. // is amended
by striking out "nine-to-twelve-month period" the first time it appears
and inserting in lieu thereof "six months".
] B) Such section 428(b)(1)(E) is further amended by striking out
"nine months nor later than one year" in both places that it appears and
inserting in lieu thereof "six months".
Sec. 416. (a)(1) Section 430(b) of the Act // 20 USC 1080. // is
amended by inserting "(1) after "(b)" and by adding at the end thereof
the following new paragraph:
"(2)(A) For the purpose of promoting responsible repayment of loans
covered by Federal loan insurance pursuant tothis part, the Secretary
shall enter into cooperative agreements with credit bureau organizations
providing for the exchange of information concerning student borrowers
in accordance with the requirements of this paragraph. For the purpose
of assisting such organiztions to comply with the Fair Credit Reporting
Act, // 15 USC 1681. // such agreements may provide for timely response
by the Secretary to requests from such organizations for responses to
objections raised by such borrowers. Subject to the requirements of
subparagraph (C), such agreements shall provide for the disclosure by
the Secretary to such organizations with respect to any loan for which
the Secretary has received a notice of default under subsection (a) of
this section of--,
"(i) the date of disbursement and the amount of any such loan;
"(ii) information concerning collection of any such loan,
including information concerning the status of any defaulted loan
on which the Secretary has made a payment pursuant to subsection
(a) of this section; and
"(iii) the date of cancellation of the note upon completion of
repayment by the borrower of any such loan or payments by the
Secretary pursuant to section 437.
// 20 USC 1087, //
"(B) Such agreements may also provide for the disclosure by such
organizations to the Secretary, upon receipt from the Secretary of a
notice under subparagraph (A)(ii) that such a loan is in default, of
information concerning the borrower's location or other information
which may assist the Secretary in proceeding to collection of the
defaulted amount.
"(C) Agreements entered into pursuant to this paragraph shall contain
such provisions as may be necessary to ensure that--,
"(i) no information is disclosed by the Secretary unless its
accuracy and completeness have been verified, and no information
stating that a loan is in default is disclosed until the Secretary
has made a reasonable effort to collect the debt;
"(ii) as to any information so disclosed, such organizations
will be promptly notified of, and will promptly record, any change
submitted by the Secretary with respect to such information, or
any objections by the borrower with respect to any such
information, as required by section 611 of the Fair Credit
Reporting Act (15 U.S.C. 1681i);
"(iii) no use will be made of any such information which would
result in the use of collection practices with respect to such a
borrower that are not fair and reasonable or that involve
harassment, intimidation, false or misleading representations, or
unnecessary communication concerning the existence of such loan or
concerning any such information; and
"(iv) except for disclosures made to obtain the borrower's
location, the Secretary (I) shall not disclose any such
information until he has notified the borrower that such
information will be disclosed to credit bureau organizations
unless the borrower enters into repayment of his loan, but (II)
shall, if the borrower has not entered into repayment within a
reasonable period of time, but not less than thirty days from the
date such notice has been sent to the borrower, disclose the
information required by this subsection.
"(D)(i) The Secretary shall, within ninety days after the date of
enactment of this paragraph, take such steps as may be necessary to
establish the disclosure of information described in subparagraph (A)
(i), (ii), and (iii) as a routine use in accordance with section 552a(
b)(3) of title 5, United States Code, and to establish a system for the
prompt notification of any borrower of any disclosure made pursuant to
this paragraph.
"(ii) Information disclosed by the Secretary to credit bureau
organizations under the requirements of this paragraph shall not
constitute a system of records within the meaning of section 552a of
title 5, United States Code (the Privacy Act of 1974); and credit
bureau organizations which enter into agreements with the Secretary
under this paragraph shall not be considered Government contractors
within the meaning of that Act.".
(2) Section 427(a)(2) of the Act // 20 USC 1077. // is amended by
redesignating suparagraphs (H) and (I) as subparagraphs (I) and (J),
respectively, and by inserting after subparagraph (G) the following new
subparagraph:
"(H)(i) contains a notice of the system of disclosure of
information concerning such loan to credit bureau organizations
under section 430(b)(2), and (ii) provides that the lender on
request of the borrower will provide information on the repayment
status of the note to such organizations,".
(b) Section 430(c) of the Act is amended by adding at the end thereof
the following nrw sentence: " Any forbearance which is approved by the
Secretary under this subsection wiht respect tothe payment of a loan
shall not be considered as indicating that a holder of a federally
insured loan has failed to ercise reasonable care and due diligence in
the colleation of the loan.".
(c) Section 432 of the Act // 20 USC 1082. // is amended by adding
at the end thereof the following new subsection:
"(e) Notwithstanding any other provision of law, the Secretary may
provide to eligible lenders, and to any State or any nonprofit private
institution or organization having a guaranty agreement under section
428(c)(1), // 20 USC 1078. // any information with respect to the names
and addreses of borrowers or other relevant information which is
available to the Secretary, from whatever source such information may be
derived.".
Sec. 417. (a) Section 428(b)(1)n H) of the Act // 20 USC 1078. //
is amended by inserting before the semicolon a comma anf the following:
"and insures that the proceeds of the premium will not be used for
incentive payments to lenders".
(b)(1) Section 428 (c)(6)(A)(ii) of the Act is amended--,
(A) by striking out "and" the first time it appears and
inserting in lieu thereof a comma; and
(B) by inserting after "prevention " a comma and the following:
"and the administrative costs of monitioring the enrollment and
repayment status of students".
(2) Section 428(c)(6)(B) is amended--,
(A) by striking out "and" at the end of clause (i) and
inserting in lieu thereof a comma;
(B) by inserting "and" at the end of clause (ii); and
(C) by adding after clause (ii) the following:
"(iii) 'administrative costs of monitoring the enrollment and
repayment status of students' means any administrative costs by a
guaranty agency which are directly related to ascertaining the
student's enrollment status, prompt notification to the lender of
such status, an audit of the note agreement to determine if the
provisions of that agreement are consistent with the records of
the guaranty agency as to the principal amunt of the loan
guaranteed, and an examination of the note to assure that the
repayment provisions are consistent with the provisions of this
part,".
(3) Section 428(f)(1)(A) fo the Act is amended--,
(A) by striking out "or" at the end of clause (iii);
(B) by redesignating clause (iv) as clause (v); and
(C) by inserting after clause (iii) the following new clause:
"(iv) the administrative costs of monitoring the enrollment and
repayment status of students; or".
(4)( Section 428(f)(1) of the Act is amended by striking out "(f)(
1)(A)" and inserting in lieu thereof "(f)(1)" and by striking out
subparagraphs (B)and(C).
(B) Such section is further amended by redesignating clauses (i)
through (v) as clauses (A) through (E), respectively.
(5) Section 428(f)(2) of the Act is amended--,
( by striking out "or" at the end of clause (iii);
(B) by redesignating clause (iv) as clause (v); and
(C) by inserting after clause (iii) the following new clause:
"(iv) the administrative costs of monitoring the enrollment and
repayment status of students; ot".
(6) Section 428(f)(3) of the Act is amended--,
(A) by striking out "and" at the end of clause (B);
(B) by striking out the period at the end of clause (C) and
inserting in lieu thereof a comma and the word "and"; and
(C) by adding after clause (C) the following new clause:
"(D) 'administrative costs ofmonitoring the enrollment and
repayment status of students' means any administrative costs by a
guaranty agency which are directly related to ascertaining the
student's enrollment status, prompt to the lender of
such status, an audit of the note agreement to determine if the
provisions of that agreement are consistent with the records of
the guaranty agency as to the principal amount of the loan
guranteed, and an examination of the note to assure that the
repayment provisions are consistent with the provisions of this
part,".
(c) Section 428(f)(3)(A) of the Act // 20 USC 1078. // is amended by
redesignating clauses (iv) and (v) as clauses (vi) and (vii)
respectively, and by inserting after clause (iii) the following new
clauses: "(iv) the costs of providing interest and special allowance
computation and billing services to lenders, (v) the amount of
non-Federal funds expended by an insurer as incentive payments to
lenders to induce them to improve or expand their program
participation,".
(d) Section 428 of the Act is amended by adding at the end thereof
the following new subsection:
"(i)(1) Any State agency or any nonprofit private institution or
organization which has an agreement under subsection (b) of this section
may enter into an agreement with any eligible lender (other than an
eligible institution or an agency or instrumentality of the State) for
the purpose of authorizing multiple disbursements of the proceeds of a
loan under which the lender will pay the proceeds of such loans into an
escrow account to be administered by the State agency or any nonprofit
private institution or organization in accordance with the provisions of
paragraph (2) of this subsection.
"(2) Each State agency or each nonprofit private institution or
organization entering into an agreement under paragraph (1) of this
subsection is authorized to--,
"(A) make the disbursements in accordance with the note
evidencing the loan;
"(B) commingle the proceeds of all loans paid to it pursuant to
the escrow agreement entered into under such paragraph (1);
"(C) invest the proceeds of such loans in obligations of the
Federal Government or obligations which are insured or guaranteed
by the Federal Government;
"(D) retain interest or other earnings on such investment;
and
"(E) return to the eligible lender undisbursed funds when the
student ceases to carry at an eligible institution at least
one-half of the normal full-time academic workload as determined
by the institution.".
Sec. 418. Title IV of the Act is amended by adding after section 433
the following new section:
" Sec. 433 A. // 20 USC 1083a. // Each eligible lender shall enter
into an agreement with the Secretary under which the eligible lender
will, at the time such lender makes a loan to a student borrower which
is insured or guaranteed under this part, provide thorough and accurate
loan information on loans insured or guaranteed under this part to the
student borrower. The loan information required by this section shall
include--,
"(1) the yearly and cumulative maximum amounts that may be
borrowed by a student;
"(2) the terms on which repayment will begin;
"(3) the maximum number of years in which the loan must be
repaid;
"(4) the interest rate that will be repaid, and the minimum
amount of required monthly payment;
"(5) any special options the borrower may have for deferral,
cancellation, prepayment, consolidation, or other refinancing of
the loan;
"(6) a definition of default and the consequences to the
borrower if the borrower should default, including a description
of any arrangements made with credit bureau organizations; and
"(7) to the extent practicable, the effect of accepting the
loan on the eligibility of the borrower for other forms of student
assistance.".
Sec. 419. Part B of title IV of the Act is amended by inserting
immediately after section 428 A the following new section:
STUDENTS
" Sec. 428 B. // 20 USC 1078-2. // (a) Parents of a dependent
undergraduate student (as defined by regulations by the Secretary) shall
be eligible to borrow funds under this part in amounts specified in
subsection (b), and unless otherwise specified in subsections (c) and
(d), such loans shall have the same terms, conditions, and benefits as
all other loans made under this part. Whenever necessary to carry out
the provisions of this section the terms 'student' and 'student
borrower' used in this part shall include a parent borrower under this
section.
"(b)(1) Subject to paragraphs (2) and (3), the maximum amount parents
may borrow for one student in any academic year or its equivalent (as
defined by regulation by the Secretary) is $3,000.
"(2) The aggregate insured principal amount for insured loans made to
parents on account of an undergraduate dependent student shall not
exceed $15,000.
"(3) No loan may be made to any parent or student under this part
which would cause their combined loans for any academic year to exceed
the student's estimated cost of attendance minus such student's
estimated financial assistance as certified by the eligible institution
under section 428(a)(2)(A) of this part. // 20 USC 1078. // The annual
insurable limit on account of any student shall not be deemed to be
exceeded by a line of credit under which actual payments to the borrower
will not be made in any year in excess of the annual limit.
"(c)(1) Repayment of principal on loans made under this section shall
commence not later than sixty days after the date such loan is disbursed
by a lender.
"(2) No payments to reduce interest costs shall be paid pursuant to
section 428(a) of this part on loans made pursuant to this section.
"(3) Interest on loans made pursuant to this section shall be at the
rate of 9 per centum per annum on the unpaid principal balance of the
loan, except that, if the loan is to cover the cost of education for a
period of enrollment which begins on or after a date which is three
months after the date on which the Secretary has made a determination
under section 427 A(b) and that borrower, on the date of entering into
the note or other written evidence of the loan, has no obligation to
repay any amount of principal or interest on any other loan made under
this section with respect to the same student, then the interest shall
be at therate of 8 per centum per annum on the unpaid principal balance
of the loan.
"(d) Loans made under this section shall be insured by the Secretary
in a State only if--,
"(1) the State is not served by a State agency or nonprofit private
institution or organization having an agreement with the Secretary
pursuant to section 428(b), or
"(2) an agency, institution, or organization in a State having such
an agreement does not authorize loans under this section (A) within one
hundred and twenty days after the effective date of this amendment, or
(B) if a State is prohibited from authorizing loans under this section
because of existing State law, one hundred and twenty days after the
adjournment of the next regular session of the State legislature which
convenes after the effective date of this amendment.".
Sec. 420. (a) Section 438 of the Act is amended to read as follows:
" Sec. 438. // 20 USC 1087-1. // (a) In order to assure (1) that the
limitation on interest payments or other conditions (or both) on loans
made or insured under this part, do not impede or threaten to impede the
carrying out of the purposes of this part or do not cause the return to
holders of loans to be less than equitable, (2) that incentive payments
on such loans are paid promptly to eligible lenders, and (3) that
appropriate consideration of relative administrative costs and money
market conditions is made in setting the quartly rate of such payments,
the Congress finds it necessary to establish an improved method for the
determination of the quarterly rate of the special allowances on such
loans, and to provide for a thorough, expeditious and objective
examination of alternative methods for the determination of the
quarterly rate of such allowances.
"(b)(1) A special allowance shall be paid for each of the three-month
periods ending March 31, June 30, September 30, and December 31 of every
year and the amount of such allowance paid to any holder with respect to
any three-month period shall be a percentage of the average unpaid
balance of principal (not including unearned interest added to
principal) of all eligible loans held by such holder during such period.
"(2)(A) Subject to subparagraph (D) and paragraph (4), the special
allowance paid pursuant to this subjection on which the applicable
interest rate is 7 per centum per annum or less shall be computed (i) by
determining the average of the bond equivalent rates of the
ninety-one-day Treasury bills auctioned for such three-month period,
(ii) by subtracting 3.5 per centum from such average, (iii) by rounding
the resultant per centum upward to the nearest one-eighth of 1 per
centum, and (iv) by dividing the resultant per centum by four.
"(B) Subject to subparagraph (D) and paragraph (4), the special
allowance paid pursuant to this subsection onloans for which the
applicable interest rate is 8 per centum per annum shall be computed (i)
by determining the average of the bond equivalent rates of the
ninety-one-day Treasury bills auctioned for such three-month period,
(ii) by subtracting 4.5 per centum from such average, (iii) by rounding
the resultant per centum upward to the nearest one-eighth of 1 per
centum, and (iv) by dividing the resultant per centum by four.
"(C) Subject to subparagraph (D) and paragraph (4), the special
allowance paid pursuant to this subsection on loans for which the
applicable interest rate is 9 per centum per annum shall be computed (i)
by determining the average of the bond equivalent rates of the
ninety-one-day Treasury bills auctioned for such three-month period,
(ii) by subtracting 5.5 per centum from such average, (iii) by rounding
the resultant per centum upward to the nearest one-eighth of 1 per
centum, and (iv) be dividing the resultant per cventum by four.
"(D)(i) The quarterly rate of the special allowance for holders of
loans which were made or purchased with funds obtained by the holder
from the isuance of obligations, the income from which is exempt from
taxation under the Internal Revenue Code of 1954 // 26 USC 1. // shall
be one-half the quartly rate of the special allowance established under
subparagraph (A), (B), or (C). Such rate shall also apply to holders of
loans which were made or purchased with funds obtained by the holder
from collections or default reimbursements on, or interests or other
imcome pertaining to, eligible loans made or purchased with funds
described in the preceding sentence of this subparagraph or from income
on the investment of such funds. This subparagraph shall not apply to
loans which were made or insured prior to October 1, 1980.
"(ii) The rate set under division (i) shall not be less than (I) 2.5
per centum per annum in the case of loans for which the appicble
interest rate is 7 per centum per annum, (II) 1.5 per centum per annum
in the case of loans for which the applicable interest rate is 8 per
centum per annum, or (III) 0.5 per centum in the case of loans for which
the applicable rate is 9 per centum per annum.
"(iii) No special allowance may be paid under this subparagraph
unless the issuer of such obligations complies with section 420(b) of
the Education Amendments of 1980.
"(3) The holder of an eligible loan shall be deemed to have a
contractual right against the United States, during the life of such
loan, to receive the special allowance according to the provisions of
this section. Subject to paragraph (4) the special allowance determined
for any such three-month period shall be paybale at such time, after the
close of such period, as may be specified by or pursuant to regulations
promulgated under this section.
"(4)(A) If payments of the special allowances payable under this
section // 20 USC 1078. // or of interest payments under section 428(
a) with respect to a loan have not been made within thirty days after
the Secretary has received an accurate, timely, and complete request for
payment thereof, the special allowance payable to such holder shall be
increased by an amount equal to the daily interest accruing on the
special allowance and interest benefits payments due the holder.
"(B) Such daily interest shall be computed at the daily equivalent
rate of the sum of the special allowance rate computed pursuant to
paragraph (2) and the interest rate applicable to the loan and shall be
paid for the later of (i) the thirty-first day after the receipt of such
request for payment from the holder, on (ii) the thirty-first day after
the final day of the period or periods covered by such request, and
shall be paid for each succeeding day until, and including, the date on
which the Secretary authorizes payments.
"(C) For purposes of reporting to the Congress the amounts of special
allowances paid under this section, amounts of special allowances paid
pursuant to this paragraph shall be segregated and reported separately.
"(5) As used in this section, the term 'eligible loan' means a loan
which is insured under this part, or made under a program covered by an
agreement under section 428(b) of this Act.
"(6) The Secretary shall pay the holder of an eligible loan, at such
time or times as are specified in regulations, a special allowance
prescribed pursuant to this subsection subject to the condition that
such holder shall submit to the Secretary, at such time or times and in
such a manner as he may deem proper, such information as may be required
by regulation for the purpose of enabling the Secretary to carry out his
functions under this section and to carry out the purposes of this
section.
"(c) The Secretary shall adopt or amend appropriate regulations
pertaining to programs carried on under this part to prevent, where
practicable, any practices which he finds have denied loans to a
substantial number of eligible students.".
(b) In order for the holders of loans which were made or purchased
with funds obtained by the holder from an Authority issuing obligations,
the income from which is exempt from taxation under the Internal Revenue
Code of 1954, // 26 USC 1. // to be eligible to receive a special
allowance under section 438(b)(2)(D) of the Higher Education Act of
1965, the Authority shall submit to the Secretary a plan for doing
business. The Secretary shall approve or disapprove such plan within 30
days after the date of its submission. Each such plan shall contain
provisions designed to assure that--,
(1) no eligible lender in the area served by the Authority will
be excluded from participation in the program of the Authority and
that all eligible lenders may participate in the program on the
same terms and conditions if eligible lenders are going to
participate in the program;
(2) no director or staff member of the Authority who receives
compensation from the Authority may own stock in, or receive
compensation from any agency that would contract to service and
collect the loans of the Authority;
(3) student loans will not be purchased from participating
lenders at a premium or discount amounting to more than 1 per
centum of the unpaid principal amount borrowed plus accrued
interest to the date of acquisition, but a reasonable loan
transfer fee may be paid by the purchaser;
(4) the Authority will, within the limit of funds available and
subject to applicable State and Federal law, make loans to, or
purchase loans incurred by, all eligible students who are
residents of, or who attend an eligible institution within, the
area served by the Authority;
(5) the Authority has a plan under which the Authority will
pursue the development of new lender participation in a continuing
program of benefits to students together with assurances of
existing lender commitments to the program; and
(6) there will be an annual audit of the Authority by a
certified public accounting firm which will include review of
compliance by the Authority with the provisions of the plan.
Sec. 421. (a)(1) Section 439(a)(1) of the Act // 20 USC 1087-2. //
is amended by striking out " Government-sponsored".
(2) Section 439(f) of the Act is amended to read as follows:
"(f)(1) The Association shall have common stock having such par value
as may be fixed by its Board of Directors from time to time which may be
issued only to lenders under this part, pertaining to guaranteed student
loans, who are qualified as insured lenders under this part or who are
eligible institutions, as defined in section 435(a), // 20 USC 1085. //
other than an institution outside of the United States.
"(2) Each share of common stock shall be entitled to one vote with
rights of cumulative voting at all elections of Directors. Voting shall
be by classes as described in subsection (c)(3).
"(3) The maximum number of shares of common stock that the
Association may issue and have outstanding at any one time shall be
fixed by the Board of Directors from time to time. Any common share
issued shall be fully transferable, except that, as to the Association,
it shall be transferred only on the books of the Association.
"(4) To the extent that net income is earned and realized, subject to
subsection (g)(2), dividends may be declared on common stock and
nonvoting common stock by the Board of Directors. Such dividends as may
be declared by the Board shall be paid to the holders of outstanding
shares of common stock and nonvoting common stock, except that no such
dividends shall be payable with respect to any share which has been
called for redemption past the effective date of such call.
"(5) The Association is authorized to issue nonvoting common stock
having such par value as may be fixed by its Board of Directors from
time to time. Any nonvoting common stock shall be freely transferable,
except that, as to the Association, it shall be transferable only on the
books of the Association.".
(3) The first sentence of section 439(g)(1) of the Act // 20 USC
1087-2. // is amended to read as follows: " The Association is
authorized to issue nonvoting preferred stock having such par value as
may be fixed by its Board of Directors from time to time.".
(b)(1) Section 439(d) of the Act is amended--,
(A) in paragraph (1), by inserting "or repurchase," after
"purchase" and by inserting "or resell, offer participations, or
pooled interests," after "sell";
(B) by amending paragraph (2) to read as follows:
"(2) Any warehousing advance made under paragraph (1) of this
subsection shall be made on the security of (A) insured loans, (B)
marketabel obligations and securities issued, guaranteed or insured by,
the United States, or for which the full faith and credit of the United
States is pledged for the repayment of principal and interest thereof,
or (C) marketable obligations issued, guaranteed, or insured by any
agency, instrumentality or corporation of the United States for which
the credit of such agency, instrumentality or corporation is pledged for
the repayment of principal and interest thereof, in an amount equal to
the amount of such advance. The proceeds of any such advance secured by
insured loans shall either be invested in additional insured loans or
the lender shall provide assurances to the Association that during the
period of the borrowing it will maintain a level of insured loans in its
portfolio not less than the aggregate outstanding balance of such loans
held at the time of the borrowing. The proceeds from any such advance
secured by collateral described in clauses (B) and (C) shall be invested
in additional insured student loans."; and
(C) by adding at the end thereof the following new paragraph:
"(4) Securities issued pursuant to the offering of participations or
pooled interests under paragraph (1) of this subsection may be in the
form of debt obligations, or trust certificates of beneficial ownership,
or both. Student loans set aside pursuant to the offering of
participations or pooled interests shall at all times be adequate to
ensure the timely principal and interest payments on such securities.".
(2) Section 439(1) of the Act is amended by inserting "including
those made under subsection (d)(4)" immediately after " All obligations
issued by the Association".
(c) Section 439(e)(A) of the Act // 20 USC 1087 - 2. // is amended
by striking out "$50,000,000" and inserting in lieu thereof
"$75,000,000".
(d)(1) Section 439(h)(1) of the Act is amended to read as follows:
"(h)(1) The Association is authorized with the approval of the
Secretary of Education and the Secretary of the Treasury to issue and
have outstanding obligations having such maturities and bearing such
rate or rates of interest as may be determined by the Association. The
authority of the Secretary of Education to approve the issuance of such
obligations is limited to obligations issued by the Association and
guranteed by the Secretary pursuant to paragraph (2) of this subsection.
Such obligations may be redeemable at the option of the Association
before maturity in such a manner as may be stipulated therein. The
Secretary of the Treasury may not direct as a condition of his approval
that any such issuance of obligations by the Association be made or sold
to the Federal Financing Bank.".
(2) Section 439(h)(2) of the Act is amended--,
(A) by striking out " July 1, 1982" and inserting in lieu
thereof " October 1, 1984"; and
(B) by adding at the end thereof the following new sentence: "
Nothing in this section shall be construed so as to authorize the
Secretary of Education or the Secretary of the Treasury to limit,
control, or constrain programs of the Association or support of
the Guaranteed Student Loan Program by the Association.".
(3) Section 439(h) of the Act is amended by adding at the end thereof
the following new paragraphs:
"(4) Upon receipt of a request from the Association under this
subsection requiring approvals by the Secretary of Education or the
Secretary of the Treasury, the Secretary of Education or the Secretary
of the Treasury shall act promptly either to grant approval or to advise
the Association of the reasons for withholding approval. In no case
shall such an approval be withheld for a period longer than sixty days
unless, prior to the end of such period, the Secreatary of Education and
the Secretary of the Treasury submit to the Congress a detailed
explanation of reasons for doing so.
"(5) The Secretary of the Treasury is authorized to purchase any
obligations issued by the Association pursuant to this subsection as now
or hereafter in force, and for such purpose the Secretary of the
Treasury is authorized to use as a public debt transaction the proceeds
of the sale of any securities hereafter issued under the Second Liberty
Bond Act, // 31 USC 774. // as now or hereafter in force, and the
purposes for which securities may be issued under the Second Liberty
Bond Act, as now or hereafter in force are extended to include such
purchases. The Secretary of the Treasury shall not at any time purchase
any obligations under this subsection if such purchase would increase
the aggregate principal amount of his then outstanding holdings of such
obligations under this subsection to an amount greater than
$1,000,000,000. Each purchase of obligations by the Secretary of the
Treasury under this subsection shall be upon such terms and conditions
as to yield a return at a rate determined by the Secretary of the
Treasury, taking into considerartion the current average rate on
outstanding marketable obligations of the United States of comparable
maturities as of the last day of the month preceding the making of such
purchase. The Secretary of the Treasury may, at any time, sell, upon
such terms and conditions and at such price or prices as he shall
determine, any of the obligations acquired by him under this subsection.
All redemptions, purchases, and sales by the Secretary of the Treasury
of such obligations under this subsection shall be treated as public
transactions of the United States.
"(6) Notwithstanding any other provision of law the Association is
authorized to sell or issue obligations on the security of student
loans, the payment of interest or principal of which has at any time
been guaranteed under section 428 or 429 of this part, // 20 USC
1078,1079. // to the Federal Financing Bank.".
(e)(1) Section 439 of the Act // 20 USC 1087 - 2. // is amended by
adding at the end thereof the following new subsections:
"(o)(1)(A) The Association or its designated agent may, upon request
of a borrower who has received loans under this title from two or more
programs or lenders, or has received any other federally insured or
guranteed student loan, and where the borrower's aggregate outstanding
indebtedness is in excess of $5,000, or where the borrower's aggregate
outstanding indebteness is in excess of $7,500 from a single lender
under this part, make, notwithstanding any other provision of this part
limiting the maximum insured principal amount for all insured loans made
to a borrower, a new loan to the borrower in an amount equal to the
unpaid principal and accrued unpaid interest on the old loans. The
proceeds of the new loan shall be used to discharge the liability on
such old loans.
"(B) The Association in making loans pursuant to this subsection in
any State served by a State agency or nonprofit private institution or
organization with which the Secretary has an agreement under section
428(b) or an eligible lender in a State described in section 435(g)(1)
(D) or (F) // 20 USC 1085. // may designate as its agent such agency,
institution, organization, or lender to perform such functions as the
Association determines appropriate. Any agreements made pursuant to
this subparagraph shall be on such terms and conditions as agreed upon
by the Association and such agency, institution, organization, or
lender.
"(2) Loans made pursuant to this subsection shall be insurable either
by the Secretary under section 429 // 20 USC 1079. // with a
certificate of comprehensive insurance coverage provided for under
section 429(b)(1) or by a State or nonprofit private institution or
organization with which the Secretary has an agreement under section
428(b), except that such State or nonprofit private institution or
organization shall provide the Association with a certificate of
comprehensive insurance coverage. The terms of loans made under this
subsection shall be such as may be agreed upon by the borrower and the
Association and meet the requirements of section 427, // 20 USC 1077.
// except that (A) the ten-year maximum period referred to insection
427(a)(2)(B) may be extended to no more than twenty years, and (B)
clause (ii) of section 427(a)(2)(B) shall not be applicable.
"(3)(A) Notwithstanding any other provision of this part, the
Association, with the agreement of the borrower, may establish such
repayment terms as it determines will promote the objectives of this
subsection including, but not limited to, the establishment of
graduated, income sensitive repayment schedules.
"(B) For any borrower who has received two or more loans under this
part bearing interest at the rate of 9 per centum per annum on the
unpaid principal balance of the loan and who requests a new loan under
this subsection for the purpose of consolidation on a date after the
date on which the Secretary has made a determination under section 427
A(b), the rate of interest on such new loan shall not exceed 8 per
centum per annum on the unpaid principal balance of such new loan.
"(4) The Association shall develop a program to ensure the
dissemination of information to students, lenders, and institutions of
higher education regarding the loans authorized by this subsection.
"(p)(1) The Association shall make advances in each fiscal year from
amounts available to it to each State agency, nonprofit institution or
organization, and eligible lender described in subsection 428(h)(1)
which has an agreement with the Association which sets forth that
advances are necessary to enable such agency, institution, organization
or lender to make student loans in accordance with section 428(h) of
this title and that such advances will be repaid to the Association in
accordance with such terms and conditions as may be set forth in the
agreement and agreed to by the Association and such agency, institution,
organization, or lender. Advances made under this subsection shall not
be subject to section 439(d)(2) of this Act.
"(2) No advance may be made under this subsection unless the State
agency or nonprofit private institution, organization, or lender makes
an application to the Association, which shall be accompanied by such
information as the Association determines to be reasonably necessary.
"(q)(1)(A) Whenever the Secretary determines that eligible borrowers
in a State not served by a State agency or nonprofit private institution
or organization having an agreement pursuant to section 428(b), // 20
USC 1085. // or an eligible lender in a State described in section
435(g)(1) (D) or (F) are seeking and are unable to obtain loans under
this part, the Association or its designated agent may begin making
loans in accordance with this subsection at the request of the
Secretary. The Association shall give preference to such States in
making loans under this subsection.
"(B) Loans made pursuant to this subsection shall be insurable by the
Secretary under section 429 // 20 USC 1079. // with a certificate of
comprehensive insurance coverage provided for under section 429(b)( 1).
"(2)(A) Whenever the Secretary, after consultation with, and with the
agreement of, representatives of the agency in a State or nonprofit
private institution or organization having an agreement pursuant to
section 428(b), or an eligible lender in a State described in section
435(g)(1)(D), determines that a substantial portion of eligible
borrowers in such State or within an area of such State are seeking and
are unable to obtain loans under this part, the Association or its
designated agent may begin making loans in accordance with this
subsection at the request of the Secretary.
"(B) Loans made pursuant to this subsection shall be insurable by the
agency identified in subparagraph (A) having an agreement pursuant to
section 428(b). For loans insured by such agency, the agency shall
provide the Association with a certificate of comprehensive insurance
coverage, if the Association and the agency have mutually agreed upon a
means to determine that the agency has not already guaranteed a loan
under this part to a student which would cause a subsequent loan made by
the Association to be in violation of any provision under this part.
"(3) The Association or its designated agent shall cease making loans
under this part in any State at such time as it is determined by the
Secretary, with regard to loans made under paragraph (1), or by any
party to the agreement required by paragraph (2), that--,
"(A) the conditions which caused the implementation of this
subsection have ceased to exist; or
"(B) the implementation of this subsection has either (i)
further reduced the availability of loans from other sources in
the applicable geographical area, or (ii) inhibited the formation
in a State of an agency which would have an agreement pursuant to
section 428(b) of this part
// 20 USC 1078. //
which would have the responsibility of developing local sources of
funds for student loans.".
(2) Section 435(g)(1) of the Act // 20 USC 1085. // is amended by
striking out "and" at the end of subparagraph (E), by striking out the
period at the end of subparagrph (F), and by adding at the end thereof
the following:
"(G) for purposes of making loans under section 439 (o) and
(q), the Student Loan Marketing Association; and
"(H) for purposes of making loans under section 428(j), a State
agency or a nonprofit private institution or organization having
an agreement under section 428(b).".
Sec. 422. Section 430(a) of the Act // 20 USC 1080. // is amended
by adding at the end thereof the following new sentence: " The
Secretary shall make the determination required to carry out the
provisions of this section not later than ninety days after the
notification by the insurance beneficiary and shall make payment in full
on the amount of the beneficiary's loss pending completion of his due
diligence investigation.".
Sec. 423. (a)(1) Section 427(a)(1) of the Act // 20 USC 1077. // is
amended to read as follows:
"(1) made to a student who (A) is an eligible student under
section 484, and (B) has agreed to notify promptly the holder of
the loan concerning any change of address; and".
(2) Section 428(a)(2)(B)(i) of the Act // 20 USC 1078. // is amended
to read as follows:
"(i) a student's estimated cost of attendance means the cost of
attendance for such student determined in accordance with section
482(d);".
(b) The first sentence of section 428(c)(1)(A) of the Act is amended
by striking out everything after "of any insured loan" and inserting in
lieu thereof a period.
(c) Section 428(e) of the Act is amended to read as follows:
"(e) From funds appropriated to carry out this part in any fiscal
year the Secretary shall pay to each eligible institution the amount of
$10 per academic year for each student enrolled in that institution who
is in receipt of a loan described in paragraph (1) of subsection (a) of
this section or made under section 428 B, for that year. Payments
received by an institution under this subsection shall be used solely
for the purpose of offsetting the costs to the institution for the
program under this part.".
(d) Section 428(f) of the Act is amended by adding at the end thereof
the following new paragraph:
"(5)(A) The Secretary shall make payments in accordance with this
paragraph to an agency, institution, or organization in any State which
has an agreement under subsection (b) of this section which provides a
lender referral service for students who meet the requirements of
subparagraph (B).
"(B) A student is eligible to apply for lender referral services to
an agency, institution, or organization in a State if (i) such student
is either a resident of such State or is accepted for enrollment in or
is attending an eligible institution in such State, and (ii) such
student has sought and was unable to find a lender willing to make a
loan under this part.
"(C) The amount which the Secretary shall pay to any eligible agency,
institution, or organization under this paragraph shall be equal to
one-half of 1 per centum of the total principal amount of the loans upon
which insurance was issued under this part on loans made to a student
described in subparagraph (B) who subsequently obtained such loans
because of such agency's, institution's, or organization's referral
service.
"(D) Nothing in this or any law shall prohibit an agency from using
all or a portion of the funds received under this part for the payment
of incentive fees to lenders who agree to participate in a loan referral
service.
"(E) There is authorized to be appropriated such sums as are
necessary to carry out the provisions of this paragraph.".
Sec. 431. Section 441 of the Act is amended to read as follows:
" Sec. 441. // 42 USC 2751. // (a) The purpose of this part is to
stimulate and promote the part-time employment of students, particularly
students who are in need of earnings from employment to pursue courses
of study at eligible institutions.
"(b) There are authorized to be appropriated for carrying out this
part $670,000,000 for fiscal year 1981, $720,000,000 for fiscal year
1982, $760,000,000 for fiscal year 1983, $800,000,000 for fiscal year
1984, and $830,000,000 for fiscal year 1985.".
Sec. 432. Section 442 of the Act // 42 USC 2752. // is amended--,
(1) by striking out "2 per centum" in subsection (a)(1) and
inserting in lieu thereof "1 per centum";
(2) by striking out " Puerto Rico," in subsection (a)(1);
(3) by striking out "subsection (e)" in subsection (a)(2) and
inserting in lieu thereof "subsection (f)",
(4) by inserting "second" immediately after "until the close of
the" in subsection (d); and
(5) by striking out " Puerto Rico," in subsection (e).
FUNDS FOR THE
SUPPORT OF COOPERATIVE EDUCATION PROGRAMS
Sec. 433. (a) The first sentence of section 442(d) of the Act is
amended by inserting before the period a comma and the following:
"except that the Secretary shall give preference for the first 50 per
centum of such reallotments to eligible institutions for use for
initiating, improving, and expanding programs of cooperative education
conducted in accordance with title VIII of this Act". // 20 USC 1133.
//
(b) Section 442(d) of the Act is amended by inserting "(1)" after the
subsection designation and by adding at the end thereof the following
new paragraph:
"(2) The requirement for preference under reallotment contained in
the exception of the first sentence of paragraph (1) of this subsection
shall be made upon application by the eligible institution to the
Secretary in such manner and such form as the Secretary may require.
The Secretary shall allot funds under such preference based upon the
ratio of the number of students assisted under the cooperative education
program authorized by title VIII // 20 USC 1133. // for the fiscal year
for which the determination is made enrolled in the eligible institution
making application under this paragraph to the number of such students
for such year enrolled in all eligible institutions applying under this
part.".
Sec. 434. Part C of title IV of the Act // 42 USC 2753, 2754. // is
amended by striking out sections 443 and 444 and inserting in lieu
thereof the following:
" Sec. 443. // 42 USC 2753. // (a) The Secretary is authorized to
enter into agreements with institutions of higher education under which
the Secretary will make grants to such institutions to assist in the
operation of work-study programs as provided in this part.
"(b) An agreement entered into pursuant to this section shall--,
"(1) provide for the operation by the institution of a program
for the part-time employment of its students in work for the
institution itself (except in the case of a proprietary
institution of higher education) or work in the public interest
for a Federal, State, or local public agency or private nonprofit
organization under an arrangement between the institution and such
agency or organization, and such work--,
factors as
type of work performed, geographical region, and
proficiency
of the employee;
maintenance
of so much of any facility as is used or is to be used
for sectarian instruction or as a place for religious
worship;
and
minimum
wage as mandated by section 6(a) of the Fair Labor
Standards
Act of 1938;
// 20 USC 206. //
"(2) provide that funds granted an institution of higher
education, pursuant to section 443, may be used only to make
payments to students participating in work-study programs, except
that an institution may use a portion of the sums granted to it to
meet administrative expenses in accordance with section 489 of the
Act, may use a portion of the sums granted to it to meet the cost
of a job location and development program in accordance with
section 447 of this part,
// 42 USC 2756a. //
and may transfer funds in accordance with the provisions of
section 488 of this Act;
"(3) provide that in the selection of students for employment
under such work-study program, only students who demonstrate
financial need in accordance with the provisions of section 482,
and who meet the requirements of section 484 will be assisted,
except that each eligible institution may reserve and award not
more than 10 per centum of the funds made available under this
part for each fiscal year for less-than-half-time students who are
determined by the institution to be in need of such grants and who
meet the requirements of section 484, other than the requirement
of clause (2) of section 484(a);
"(4) provide that no student in a work-study program under this
part shall be required to terminate that employment during a
semester (or other regular enrollment period) at the time income
derived from any employment (including work-study or nonwork-study
or both) is in excess of the determination of the amount of such
student's need for that semester under clause (3) of this
subsection, but when such excess income equals $200 or more,
continued employment under a work-study program shall not be
subsidized with funds appropriated under this part;
"(5) provide that the institution will meet the requirements of
section 487(2) of this Act (relating to maintenance of effort):
"(6) provide that the Federal share of the compensation of
students employed in the work-study program in accordance with the
agreement will not exceed 80 per centum of such compensation;
except that the Federal share may exceed 80 per centum of such
compensation if the Secretary determines, pursuant to regulations
adopted and promulgated by him establishing objective criteria for
such determinations, that a Federal share in excess of 80 per
centum is required in furtherance of the purposes of this part;
"(7) include provisions to make employment under such
work-study program reasonably available (to the extent of
available funds) to all eligible students in the institution in
need thereof, and to make equivalent employment offered or
arranged by the institution reasonably available (to the extent of
available funds) to all students in the institution who desire
such employment;
"(8) provide assurances that employment made available from
funds under this part will, to the maximum extent practicable,
complement and reinforce the educational program or vocational
goals of each student receiving assistance under this part; and
"(9) include such other provisions as the Secretary shall deem
necessary or appropriate to carry out the purposes of this part.".
Sec. 435. (a) Section 446(a) of the Act // 42 USC 2756. // is
amended by inserting at the end thereof the following new sentence: "
The criteria established under this subsection shall not result in any
institution's receiving an amount less than the institution used under
this section for fiscal year 1979, unless there is a substantial decline
in the student enrollment of the institution.".
(b) Section 446 of the Act is amended by striking out subsection (b)
and inserting in lieu thereof the following new subsections:
"(b) Of the sums granted to an eligible institution under this part
for any fiscal year, 10 per centum may, at the discretion of the
institution, remain available for expenditure during the succeeding
fiscal year to carry out programs under this part. Any of the sums so
granted to an institution for a fiscal year which are not needed by that
institution to operate work-study programs during that fiscal year, and
which it does not wish to use during the next fiscal year as authorized
in the preceding sentence, shall remain available to the Secretary for
making grants under section 443 to other institutions in the same State
until the close of the second fiscal year next succeeding the fiscal
year for which such funds were appropriated.
"(c) Up to 10 per centum of the sums the Secretary determines an
eligible institution may receive from funds which have been appropriated
for a fiscal year may be used by the Secretary to make grants under this
part to such institution for expenditure during the fiscal year
preceding the fiscal year for which the sums were appropriated.".
Sec. 436. Section 447 of the Act // 42 USC 2756a. // is amended by
striking out "$15,000" and inserting in lieu thereof "$25,000".
Sec. 437. Part C of title IV of the Act is amended by adding at the
end thereof the following new section:
BEHALF OF LOWINCOME
INDIVIDUALS AND FAMILIES
" Sec. 448. (a) The purpose of this section // 42 USC 2756b. // is
to encourage and enable institutions of higher education to develop work
study programs involving eligible students in community service-learning
designed to develop, improve, or expand services for low-income
individuals and families or to solve particular problems related to the
needs of low--, income individuals.
"(b) For the purpose of this section--,
"(1) 'community service-learning' means a program of student
work that--,
behalf
of low-income individuals or families; and
vocational programs
or goals; and
"(2) 'community services' means direct service, planning or
applied research activities designed to improve the quality of
life for community residents, particularly low-income individuals,
or to solve particular problems related to their needs including,
but not limited to, such fields as health care, education,
welfare, social services, public safety, crime prevention and
control, transportation, recreation, housing and neighborhood
improvement, rural development, and community improvement.
"(c) Each institution participating under this part may use funds
made available under the last sentence of section 489(a) to conduct that
institution's program of community service-learning, including--,
"(1) development of mechanisms to assure the academic quality
of the student experience,
"(2) assuring student access to educational resources,
expertise, and supervision necessary to achieve community service
objectives, and
"(3) collaboration with public and private nonprofit agencies
in the planning and administration of such programs.".
Sec. 441. (a) Section 461(b)(1) of the Act // 20 USC 1087aa. // is
amended to read as follows:
"(b)(1) For the purpose of enabling the Secretary to make
contributions to student loan funds established under this part, there
are authorized to be appropriated $400,000,000 for each of the fiscal
years 1981 and 1982, $475,000,000 for fiscal year 1983, $550,000,000 for
fiscal year 1984, and $625,000,000 for fiscal year 1985, except that no
funds are authorized to be appropriated for any fiscal year which begins
after there has been a capital distribution under section 466(a).". //
20 USC 1087ff. //
(b) Section 461(b)(2) of the Act // USC 1087aa. // is amended--,
(1) by striking out "for the fiscal year ending September 30,
1980, and each of the three succeeding fiscal years" and inserting
in lieu thereof "for fiscal year 1985 and each of the five
succeeding fiscal years"; and
(2) by striking out " October 1, 1980" and inserting in lieu
thereof " October 1, 1985".
CURRENT
BALANCES
Sec. 442. (a) Part E of title IV of the Act is amended by adding at
the end thereof the following new sections:
" Sec. 468.
// 20 USC 1087hh. // (a)(1) The Secretary shall, not later than April 1
of each fiscal year, issue and have outstanding at any one time notes,
debentures, bonds, or other obligations in such amounts as shall be
necessary to carry out functions under this part, subject to such annual
limitations as may be provided in an appropriation Act with respect to
such fiscal year, except that the Secretary shall not issue any such
obligation without the prior concurrence of the Secretary of the
Treasury as to the terms and conditions of such obligations. The
Secretary of the Treasury may direct that any such issuance by the
Secretary be sold to the Department of the Treasury for its own account
or to the Federal Financing Bank.
"(2) The Secretary of the Treasury is authorized and directed to
purchase any obligations issued under this section, and for that
purpose, the Secretary of the Treasury is authorized to use as a public
debt transaction the proceeds from the sale of any securities hereafter
issued under the Second Liberty Bond Act, and the purposes for which
securities may be issued under the Second Liberty Bond Act are extended
to include such purchases. Each purchase of obligations by the
Secretary of the Treasury under this section shall be upon such terms
and conditions as to yield a return at a rate not less than a rate
determined by the Secretary of the Treasury, taking into consideration
the current average yield on outstanding marketable obligations of the
United States of comparable maturity. Interest due on obligations of
the Secretary held by the Treasury may be deferred, at the discretion of
the Secretary, but any such deferred interest shall bear interest at the
rate specified in this section. The Secretary of the Treasury may sell,
upon such terms and conditions and at such price or prices as he shall
determine, any of the obligations acquired by him under this section.
All redemptions, purchases, and sales by the Secretary of the Treasury
of such obligations under this section shall be treated as public debt
transactions of the United States.
"(3) All obligations of the Secretary issued under this section shall
be fully and unconditionally guaranteed as to principal and interest and
shall constitute general obligations of the United States, backed by the
full faith and credit of the Government of the United States of America.
Such guarantee shall be expressed on the face of all such obligations.
"(4) Obligations of the Secretary issued pursuant to this section
shall be lawful investments, and may be accepted as security for all
fiduciary, trust, and public funds the investment or deposit of which
shall be under the authority or control of the United States or any
officer or officers thereof. All stock and obligations issued by the
Secretary pursuant to this section shall be deemed to be exempt
securities within the meaning of laws administered by the Securities and
Exchange Commission, to the same extent as securities which are direct
obligations of, or obligations guaranteed as to principal or interest
by, the United States.
"(5) In order that the Secretary may be supplied with such forms of
notes, debentures, bonds, or other such obligations as it may need for
issuance under this section, the Secretary of the Treasury is authorized
to prepare such forms as shall be suitable and approved by the
Secretary, to be held in the Treasury subject to delivery, upon order of
the Secretary. The engraved plates, dies, bed pieces, and so forth,
executed in connection therewith shall remain in the custody of the
Secretary of the Treasury. The Secretary shall reimburse the Secretary
of the Treasury for any expenses incurred in the preparation, custody,
and delivery of such notes, debentures, bonds, or other obligations.
"(6) All moneys of the Secretary not otherwise employed may be--,
"(A) deposited with the Treasury of the United States subject
to withdrawal by the Secretary, by check drawn on the Treasury of
the United States by a Treasury disbursing officer, or
(B) with the approval of the Secretary of the Treasury,
deposited in any Federal Reserve bank, or
"(C) with the approval of the Secretary of the Treasury, and by
authorization of the Secretary, used in the purchase for
redemption and retirement of any notes, debentures, bonds, or
other obligations issued by the Secretary.
"(b)(1) The Secretary shall make payments under this section for any
fiscal year to each institution of higher education having an agreement
under section 463 // 20 USC 1087cc. // on the basis of the estimated
needs of that institution for making student loans taking intl
consideration--,
"(A) the cost of attendance at that institution,
"(B) the financial need of students at that institution to meet
the cost of attendance as determined under section 482, and
"(C) the financial assistance received by students at that
institution under parts A and C of this title,
// 20 USC 1070. //
or any other provision of Federal law (other than part B), and
other scholarship, grant, work, and loan assistance received by
students,
// 20 USC 1087dd. // No application under subsection (c) shall be
approved which requests an amount greater than the amount determined
under this subsection to be needed by that institution.
"(2) If the total amount of Federal capital contributions requested
in applications under subsection (c) exceeds the amount available under
this section for a fiscal year, the request from each institution shall
be ratably reduced, except that no reduction may be made under this
sentence to an amount which, together with funds available to the
institution of higher education under section 463(a)(2) (A) and (B) for
that fiscal year, is less than the amount which was used by that
institution for making loans under this part during fiscal year 1980.
In case additional amounts become available for such contributions in
any fiscal year in which requests have been so reduced, such requests
shall be increased on the same basis as they were reduced, except that
no such request shall be increased above the amount requested in the
application.
"(c) Any institution of higher education desiring to receive payments
of Federal capital contributions from the apportionment under subsection
(b) shall submit an application therefor to the Secretary at such time
as the Secretary prescribes.
"(d) There are authorized to be appropriated such sums as may be
necessary to pay the differential between the rate of return on
obligations of the Secretary made under this section and the interest
collected on student loans made under this part.
"(e) In carrying out the provisions of this part, the Secretary is
authorized--,
"(1) to consent to modification, with respect to rate of
interest, time of payment of any installment of principal and
interest or any portion thereof, or any other provision of any
note evidencing a loan which has been made under this part;
"(2) to enforce, pay, compromise, waive, or release any right,
title, claim, lien, or demand, however acquired, including any
equity or any right of redemption;
"(3) to conduct litigation in accordance with the provisions of
section 432(a)(2);
// 20 USC 1082. //
and
"(4) to enter into a contract or other arrangment with State or
nonprofit agencies and, on a competitive basis, with collection
agencies for servicing and collection of loans under this part.
" Sec. 469. // 20 USC 1087ii. // If, by April 1 of any fiscal year,
the Secretary has made available for deposit in student loan funds
pursuant to section 463(a)(2)(C) an amount which equals or exceeds
$1,000,000,000 to be available for loans for such fiscal year, there
shall be collected from each student loan fund established under this
part the current balance of such student loan fund as follows:
"(1) The Secretary shall first be paid an amount which bears
the same ratio to the balance in such fund (excluding any portion
of such balance which was deposited pursuant to section 463(a)(
2)(C) as the total amount of Federal capital contributions to such
fund by the Secretary from funds appropriated under section 461
// 20 USC 1087aa. //
or under title II of the National Defense Education Act of 1958
// 20 USC 421. //
bears to the sum of such Federal capital contributions and the
institution's capital contribution to such fund. Such amounts
shall be deposited in the Treasury of the United States.
"(2) The remainder of such balance, excluding any portion of
such balance which was deposited pursuant to section 463(a)(2)(
C), shall be paid to the institution.
"(3) Any portion of such balance which was deposited pursuant
to section 463(a)(2)(C) shall be retained in the student loan fund
for use in accordance with this part.".
(b)(1) Section 463(a)(2) of the Act // 20 USC 1087cc. // is amended
to read as follows:
"(2) provide for the deposit in such fund of--,
appropriated
under section 461;
of the
Federal capital contributions described in
subparagraph (A);
by
the Secretary under section 468;
loans
made from deposited funds other than those described in
subparagraph (C);
section
464(c)(1)(H);
// USC 1087dd. //
and
// 20 USC 1087cc. // is amended by striking out "section 464(c)(1)(G)"
and inserting in lieu thereof "section 464(c)(1)(H)".
(3) Section 463(a) of the Act is further amended by striking out
"and" at the end of paragraph (5), by redesignating paragraph (6) as
paragraph (9), and by inserting immediately after paragraph (5) the
following new paragraph:
"(6)(A) provide that collections of principal and interest on
student loans made from funds described in paragraph (2)(C), after
deduction of any costs of litigation and other servicing and
collection costs agreed to by the Secretary in connection with the
charge assessed pursuant to regulations under section
464(c)(1)(H), shall be paid to the Secretary at such time and in
such manner as the Secretary may prescribe by regulation and shall
be deposited in the Treasury of the United States; or
"(B) provide that, if an institution of higher education
determines not to service and collect student loans made from
funds described in paragraph (2)(C), the institution will assign,
at the beginning of the repayment period, notes or evidence of
obligations of student loans made from funds described in such
paragraph to the Secretary;".
(4) Section 463(b) of the Act is amended by inserting "(1)" after the
subsection designation and by adding at the end thereof the following
new paragraph:
"(2) An institution which has entered into an agreement under
subsection (a) and has elected to assign the notes or evidence of
obligations of student loans in accordance with paragraph (6)(B) of such
subsection shall be eligible to receive, from funds available to the
Secretary, an amount equal to $10 per academic year for each student
enrolled in that institution who in that year received a loan from funds
described in paragraph (2)(C) of subsection (a) of this section.
Payments received by an institution under this paragraph shall be used
for the purposes of offsetting the costs to the institution for the
program under this part.".
(5) Section 464(c)(1)(G) of the Act // 20 USC 1087dd. // is amended
by inserting before the semicolon a comma and the following: "and
except as necessary to carry out section 463(a)(6)(B)".
(6) Section 465(b) of the Act // 20 USC 1087ee. // is amended by
inserting immediately before the period at the end of the first sentence
the following: ", minus an amount equal to the aggregate of the amounts
of any such loans so canceled which were made from Federal capital
contributions to its student loan fund provided by the Secretary under
section 468".
(c) Section 466 of the Act // 20 USC 1087ff. // is amended--,
(1) by striking out " September 30, 1984" each place it appears
in subsection (a) and inserting in lieu thereof " September 30,
1990";
(2) by striking out " March 31, 1985" each place it appears in
subsections (a) and (b) and inserting in lieu thereof " March 31,
1991";
(3) by striking out " September 30, 1978" in subsection (b) and
inserting in lieu thereof " September 30, 1981"; and
(4) by striking out " October 1, 1984" in subsection (c) and
inserting in lieu thereof " October 1, 1990".
Sec. 443. Section 464(a)(2) of this Act // 20 USC 1087dd. // is
amended--,
(1) by striking out "$10,000" in clause (A) and inserting in
lieu thereof "$12,000";
(2) by striking out "$5,000" in clause (B) and inserting in
lieu thereof "$6,000"; and
(3) by striking out "$2,500" in clause (C) and inserting in
lieu thereof "$3,000".
Sec. 444. (a) Section 464(c)(2)(A) of the Act is amended--,
(1) by inserting "or is an officer in the Commissioned Corps of
the Public Health Service" immediately after " Armed Forces of the
United States" in clause (ii);
(2) by striking out "or" at the end of clause (iii), by
striking out the period at the end of clause (iv) and inserting in
lieu thereof a semicolon, and by inserting after clause (iv) the
following new clauses:
"(v) is in service, comparable to the service referred to in
clauses (iii) and (iv), as a full-time volunteer for an
organization which is exempt from taxation under section 501(c)(
3) of the Internal Revenue Code of 1954;
// 26 USC 501. //
"(vi) is serving an internship, the successful completion of
which is required in order to receive professional recognition
required to begin professional practice or service; or
"(vii) is temporarily totally disabled (as defined in section
435(j)), as established by sworn affidavit of a qualified
physician, or during which the borrower is unable to secure
employment by reason of the care required by a spouse who is so
disabled.";
(3) by striking "clause (ii), (iii), or (iv)" in the second
sentence of such section and inserting in lieu thereof "clause
(ii), (iii), (iv), (v), or (vii)"; and
(4) by inserting immediately after such sentence the following
new sentence: " The period during which repayment may be deferred
by reason of clause (vi) shall not exceed two years.".
(b) Section 464(c)(1)(A) of the Act is amended by striking out "nine
months" each place it appears and inserting in lieu thereof "six
months".
(c) Section 464(c)(2) of the Act is amended by adding at the end
thereof the following new subparagraph:
"(C) No repayment of principal of, or interest on, any loan for any
period of study, service, or disability described in subparagraph (A) or
any combination thereof shall begin until six months after the
completion of such period of study, service, disability, or combination
thereof.".
(d) Section 464(c)(3) of the Act is amended by inserting "(A)"
immediately after "(3)" and by adding at the end thereof the following:
"(B) Pursuant to uniform criteria established by the Secretary, the
repayment period for any student borrower who during the repayment
period is a low-income individual may be extended for a period not to
exceed ten years and the repayment schedule may be adjusted to reflect
the income of that individual.".
Sec. 445. (a) Section 463(a) of the Act // 20 USC 1087cc. // (as
amended by section 442(b)(3)) is further amended by inserting after
paragraph (6) the following new paragraph:
"(7) provide that, notwithstanding any other provision of law,
the Secretary will provide to the institution any information with
respect to the names and addresses of borrowers or other relevant
information which is available to him, from whatever sources such
information may be derived;".
(b)(1) Section 463 of the Act is amended by adding at the end thereof
the following new subsection:
"(c)(1) For the purpose of promoting responsible repayment of loans
made pursuant to this part, the Secretary shall enter into cooperative
agreements with credit bureau organizations to provide for the exchange
of information concerning student borrowers concerning whom the
Secretary has received a referral pursuant to section 467. // 20 USC
1087gg. //
"(2) Each cooperative agreement made pursuant to paragraph (1) shall
be made in accordance with requirements of section 430(b)(2) except that
such agreement shall provide for the disclosure by the Secretary to such
organizations, with respect to any loan for which the Secretary is
responsible, of--,
"(A) the date of disbursement and the amount of any such loan;
"(B) information concerning collection of any such loan,
including information concerning the status of any defaulted loan;
and
"(C) the date of cancellation of the note upon completion of
repayment by the borrower of any such loan.".
(2) Section 464(c)(1) of such Act // 20 USC 1087dd. // is amended by
striking out "and" at the end of subparagraph (G), by striking out the
period at the end of subparagraph (H) and inserting in lieu thereof
";and", and by adding at the end thereof the following new subparagraph:
"(I) shall contain a notice of the system of disclosure of
information concerning default on such loan to credit bureau
organizations under section 463(c).".
(c) Section 467 of the Act // 20 USC 1087gg. // is amended by
inserting "(a)" after " Sec. 467." and by adding at the end thereof the
following new subsection:
"(b) The Secretary shall continue to attempt to collect any loan
assigned under section 463(a)(5) or (6) or referred under subsection (a)
of this section until a date which is not earlier than four years after
the date of default (determined in a manner consistent with section
430(e)).". // 20 USC 1080. //
Sec. 446. Section 464(c)(1)(D) of the Act // 20 USC 1087dd. // is
amended by inserting immediately after "3 per centum annum" the
following: "or 4 per centum per annum in the case of any loan made on
or after October 1, 1980".
Sec. 447. (a) Section 463(a) of the Act // 20 USC 1087cc. // (as
amended by section 442(b)(3)) is amended by inserting immediately after
paragraph (7) the following new paragraph:
"(8) provide assurances that the institution will comply with
the provisions of section 463 A;".
(b) Part E of title IV of the Act is amended by adding after section
463 the following new section:
" Sec. 463 A. // 20 USC 1087cc-1. // Each institution of higher
education, in order to carry out the provisions of section 463(a)(7),
shall, at the time such institution makes a loan to a student borrower
which is made under this part, provide thorough and adequate loan
information on loans made under this part to the student borrower. The
loan information required by this section shall include--,
"(1) the yearly and cumulative maximum amounts that may be
borrowed by a student;
"(2) the terms on which repayment will begin;
"(3) the maximum number of years in which the loan must be
repaid;
"(4) the interest rate that will be repaid and the minimum
amount of required monthly payment;
"(5) any special options the borrower may have for deferral,
cancellation, prepayment, consolidation, or other refinancing of
the loan;
"(6) a definition of default and the consequences to the
borrower if the borrower should default, including a description
of any arrangements made with credit bureau organizations; and
"(7) to the extent practicable, the effect of accepting the
loan on the eligibility of the borrower for other forms of student
assistance.".
Sec. 448. (a) Section 462 of the Act // 20 USC 1087bb. // is
amended by striking out subsection (d).
(b) Section 463(b) of the Act // 20 USC 1087cc. // is amended by
striking out "section 493" and inserting in lieu thereof "section 485".
(c)(1) Section 464(b) of the Act // 20 USC 1087dd. // is amended to
read as follows:
"(b) A loan from a student loan fund assisted under this part may be
made only to a student who demonstrates financial need in accordance
with section 482 and who meets the requirements of section 484.".
(2) Section 464(e) of the Act is repealed.
(d) Section 465(a)(2) of the Act // 20 USC 1087ee. // is amended by
striking out the last sentence and inserting in lieu thereof the
following: " For purposes of this paragraph, the term 'handicapped
children' has the meaning set forth in section 602(1) of the Education
of the Handicapped Act.".
(e) Section 465(a) of the Act is amended by adding at the end thereof
the following new paragraph:
"(5) The amount of a loan, and interest on a loan, which is canceled
under this section shall not be considered income for purposes of the
Internal Revenue Code of 1954.". // 26 USC 1. //
Sec. 451. (a) Part F of title IV of the Act is amended to read as
follows:
Assistance
Programs
" Sec. 481. (a)(1) For the purposes of this title, // 20 USC 1088.
// except subpart 6 of part A and part B, // 20 USC 1070e, 1071. // the
term 'institution of higher education' includes, in addition to the
institutions covered by the definition contained in section 1201(a)--,
// 20 USC 1141. //
"(A) a proprietary institution of higher education;
"(B) a postsecondary vocational institution;
"(C) a department, division, or other administrative unit in a
college or university which provides primarily or exclusively an
accredited program of education in professional nursing and allied
subjects leading to the degree of bachelor of nursing, or to an
equivalent degree, or to a graduate degree in nursing; and
"(D) a department, division, or other administrative unit in a
junior college, community college, college, or university which
provides primarily or exclusively an accredited two-year program
of education in professional nursing and allied subjects leading
to an associate degree in nursing or to an equivalent degree.
"(2) The term 'accredited' when applied to any program of nurse
education means a program accredited by a recognized body or bodies
approved for such purpose by the Secretary.
"(b) For the purposes of this section, the term 'proprietary
institution of higher education' means a school (1) which provides not
less than a six-month program of training to prepare students for
gainful employment in a recognized occupation, (2) which meets the
requirements of clauses (1) and (2) of section 1201(a), (3) which does
not meet the requirement of clause (4) of section 1201(a), (4) which is
accredited by a nationally recognized accrediting agency or association
approved by the Secretary for this purpose, and (5) which has been in
existence for at least two years. Such term also includes a proprietary
educational institution in any State which, in lieu of the requirement
in clause (1) of section 1201(a), admits as regular students persons who
are beyond the age of compulsory school attendance in the State in which
the institution is located and who have the ability to benefit from the
training offered by the institution. For purposes of this subsection,
the Secretary shall publish a list of nationally recognized accrediting
agencies or associations which he determines to be reliable authority as
to the quality of training offered.
"(c) For the purposes of this section, the term 'postsecondary
vocational institution' means a school (1) which provides not less than
a six-month program of training to prepare students for gainful
employment in a recognized occupation, (2) which meets the requirements
of clauses (1), (2), (4), and (5) of section 1201(a), and (3) which has
been in existence for at least two years. Such term also includes an
educational institution in any State which, in lieu of the requirement
in clause (1) of section 1201(a), admits as regular students persons who
are beyond the age of compulsory school attendance in the State in which
the institution is located and who have the ability to benefit from the
training offered by the institution.
"(d) For the purpose of any program under this title, the term
'academic year' shall be defined by the Secretary by regulation.
" Sec. 482. (a)(1) For the purpose of determining a student's need
for financial assistance under this title // 20 USC 1089. // (other
than under subpart 3 of part A and under part B), // 20 USC 1070c, //
the Secretary shall publish in the Federal Register, no later than July
1, 1981, April 1, 1982, and on April 1 of each succeeding calendar year,
a proposed schedule of expected family contributions for the academic
year which begins after July 1 of the calendar year which succeeds such
calendar year for various levels of family income, which, except as is
otherwise provided in paragraph (2), together with any amendments
thereto, shall become effective July 1 of the calendar year which
succeeds such calendar year. During the thirty-day period following
such publication the Secretary shall provide interested parties with an
opportunity to present their views and make recommendations with respect
to such schedule. Such schedule shall be adjusted annually.
"(2) The schedule of expected family contributions required for each
academic year shall be submitted to the President of the Senate and the
Speaker of the House of Representatives not later than the time of its
publication in the Federal Register. If either the Senate or the House
of Representatives adopts, prior to October 1, 1981, July 1, 1982, or
July 1 of any succeeding year following the submission of such schedule
as required by this paragraph, a resolution of disapproval of such
schedule, in whole or in part, the Secretary shall publish a new
schedule of expected family contributions in the Federal Register not
later than fifteen days after the adoption of such resolution of
disapproval. Such new schedule shall take into consideration such
recommendations as may be made in either House in connection with such
resolution. If within fifteen days following the submission of the
revised schedule either the Senate or the House of Representatives again
adopts a resolution of disapproval, in whole or in part, of such revised
schedule, the Secretary shall publish a new schedule of expected family
contributions in the Federal Register not later than fifteen days after
the adoption of such resolution of disapproval. This procedure shall be
repeated until neither the Senate nor the House of Representatives
adopts a resolution of disapproval. The Secretary shall publish
together with each new schedule a statement identifying the
recommendations made in either House in connection with such resolution
of disapproval and explaining his reasons for the new schedule.
"(3) The Secretary, in cooperation with representatives of agencies
and organizations involved in student financial assistance, shall
develop a proposed schedule of expected family contributions each year
for publication in the Federal Register.
"(b)(1) For the purposes of this section, the term 'family
contribution' with respect to any student means the amount which the
student and his family may be reasonably expected to contribute toward
his postsecondary education for the academic year for which the
determination is made, as determined in accordance with regulations. In
promulgating such regulations, the Secretary shall follow the basic
criteria set forth in paragraph (2) of this subsection.
"(2) The basic criteria to be followed in promulgating regulations
with respect to expected family contributions are as follows:
"(A) The amount of the effective income of the student or the
effective family income of the student's parents.
"(B) The number of dependents of the family of the student.
"(C) The number of dependents of the student's family who are
in attendance in a program of postsecondary education and for whom
the family may be reasonably expected to contribute for their
postsecondary education.
"(D) The amount of the assets of the student and the assets of
the student's family.
"(E) Any unusual expenses of the student or his family, such as
unusual medical expenses and those which may arise from a
catastrophe.
"(F) Any educational expenses of other dependent children in
the family.
"(3) For purposes of subparagraph (A) of paragraph (2), the term
'effective family income' with respect to a student, means the annual
adjusted family income, as determined in accordance with regulations
prescribed by the Secretary, received by the parents or legal guardians
of the student minus Federal, State and local taxes paid or payable with
respect to such income, and includes any amount paid under the Social
Security Act to, or on account of, the student which would not be paid
if he were not a student and one-half any amount paid the student under
chapters 34 and 35 of title 38, United States Code. // 38 USC 1651 //
The term 'effective family income' includes any effective student income
after any offset as determined by regulations prescribed by the
Secretary.
"(4) In determining the expected family contribution under this
section for any academic year after academic year 1978 - 1979, an
assessment rate of not more than 14 per centum shall be applied to
parental discretionary income for families with adjusted gross family
income which does not exceed $25,000 for each such year. The Secretary
may set an assessment rate or a series of assessment rates to be applied
to parental discretionary income for families with adjusted gross
incomes which exceed $25,000 for each such year for income in excess of
$25,000.
"(5) For the purposes of paragraph (2)(D), the assets shall be
determined by--,
"(A) excluding all equity in a single principal place of
residence from the computation of assets;
"(B) deducting an asset reserve of not less than $10,000 from
the net value of all assets; and
"(C) if net assets include farm or business assets, deducting
an additional asset reserve of not less than $50,000 from the net
assets.
"(c)(1) The Secretary shall promulgate special regulations for
determing the expected family contribution and effective family income
of an independent student. Such special regulations shall be consistent
with the basic criteria set forth in paragraph (2) of subsection (b).
In addition, such regulations shall--,
"(A) provide that the portion of assets which shall be exempt
from assessment for contribution for an independent student who
has one or more dependents shall be the same as the portion so
exempt for the family of a dependent student;
"(B) provide that the rate of assessment for contribution on
that portion of assets of such an independent student which is not
exempt under subparagraph (A) shall be the same as the rate
applied to the comparable portion of assets of the family of a
dependent student;
"(C) in establishing a portion of effective family income which
shall be exempt from assessment for contribution by reason of
subsistence requirements of independent students who have no
dependents, use the same method for computation of such portion
for such students as is used for dependent students and for
independent students who have dependents;
"(D) in determining the family contribution for an independent
student who has one or more dependents, provide that the
assessment rate which is to be applied to the student's
discretionary income shall be the same as the assessment rate
applied to discretionary income of the family of a dependent
student; and
"(E) provide that a married student shall be considered
independent if, notwithstanding prior dependency status, such
student certifies that in the year of application he (i) will not
live with parents for more than six weeks; (ii) will not be
claimed by parents as a dependent on any tax return filed for
purposes of Federal income taxes; and (iii) will not receive more
than $750 in support from parents.
"(2) For purposes of this title, the term 'independent student' means
a student who is determined, pursuant to regulations of the Secretary,
to be independent of the parents or legal guardians of the student.
"(d) For the purposes of this title, the term 'cost of attendance'
means--,
"(1) tuition and fees normally assessed a full-time student at
the institution at which the student is in attendance;
"(2) an allowance for books, supplies, transportation, and
miscellaneous personal expenses;
"(3) an allowance for room and board costs incurred by the
student which--,
institutionally
owned or operated housing, shall be a standard
allowance determined by the institution based on the
amount normally assessed most of its residents for room
and
board;
a
standard allowance determined by the institution based
on
the expenses reasonably incurred by such students for
room
and board; and
students
for room and board;
"(4) for a student engaged in a program of study by
correspondence, only tuition and fees and, if required, books and
supplies, and travel and room and board costs incurred
specifically in fulfilling a required period of residential
training;
"(5) for a student enrolled in an academic program which
normally includes a formal program of study abroad, reasonable
costs associated with such study;
"(6) for a student with dependent children,an allowance based
on the expenses reasonably incurred for child care; and
"(7) for a handicapped student, an allowance for those expenses
related to his handicap, including special services,
transportation, equipment, and supplies that are reasonably
incurred and not provided for by other assisting agencies.
"(e) Nothing in this section shall prohibit an institution, in
individual cases, from adjusting the financial need determination for a
student aided under subpart 2 of part A or part C or E of this title //
20 USC 1070b, 42 USC 2751, 20 USC 1088. // if the basis for such
adjustment is documented.
" Sec. 483. // 20 USC 1090. // (a) The Secretary, in cooperation
with representatives of agencies and organizations involved in student
financial assistance, shall prescribe a common Federal financial aid
application form to be used to determine the need and eligibility of a
student for financial assistance under this title (other than under
subpart 3 of part A and under part B). // 20 USC 1070c, 1071. // No
student or parent of a student shall be charged a fee for processing the
data elements of the form prescribed by the Secretary. The Secretary
shall, to the extent practicable, enter into not less than three
contracts with States, institutions of higher education, or private
organizations for the purpose of processing the application required
under this subsection and issuing eligibility reports. The Secretary
may also contract for additional services to assure coordination of
financial aid from both Federal and non--, Federal sources, and to
provide information, training, and similar services to institutions, aid
officers, counselors, lenders, parrents and students. Nothing in this
section shall prohibit States, institutions, or private organizations
from simultaneously collecting data elements, in addition to the data
elements prescribed by the Secretary, as may be necessary to determine
the eligibility of a student for financial aid funds not covered by this
title (or covered under subpart 3 of part A or under part B of this
title).
"(b) Copies of all rules, regulations, guidelines, instructions, and
application forms published or promulgated pursuant to this title shall
be provided to the Committee on Labor and Human Resources of the Senate
and the Committee on Education and Labor of the House of Representatives
at least thirty days prior to their effective date.
"(c) To help insure access to postsecondary education by providing
early notice to students of their potential eligibility for financial
aid, the Secretary is authorized to enter into contracts with States,
institutions of higher education, and private organizations for the
purpose of--,
"(1) developing a common pre-eligibility Federal financial aid
form,
"(2) distributing and processing such form on a year-round
basis free of charge to students, and
"(3) issuing on the basis of information reported by the
student on such form a pre-eligibility index designed to estimate
the amount of Federal (and, if feasible, non-Federal) funds for
which the student might qualify in later completing and submitting
the application form called for under this section.
The Secretary shall widely disseminate the pre-eligibility form through
post offices and other appropriate Federal installations, schools,
postsecondary institutions, libraries, and community-based agencies,
including projects assisted under subpart 4 of part A of this title.
" Sec. 484. // 20 USC 1091. // (a) In order to receive any grant,
loan, or work assistance under this title, a student must--,
"(1) be enrolled or accepted for enrollment at an institution
of higher education that is an eligible institution in accordance
with the provisions of section 487;
"(2) except as otherwise specifically provided, be carrying or
planning to carry at least one-half the normal full-time workload
for the course of study the student is pursuing, as determined by
the institution;
"(3) if the student is presently enrolled at an institution, be
maintaining satisfactory progress in the course of study the
student is prusuing according to the standards and practices of
the institution at which the student is in attendance;
"(4) not owe a refund on grants previously received at such
institution under this title, or be in default on any loan from a
student loan fund at such institution provided for in part E,
// 20 USC 1088. //
or a loan made, insured, or guaranteed by the Secretary under this
title for attendance at such institution; and
"(5) file with the institution of higher education which the
student intends to attend, or is attending (or in the case of a
loan or loan guarantee with the lender), a statement of
educational purpose (which need not be notarized) stating that the
money attributable to such grant, loan, or loan guarantee will be
used solely for expenses related to attendance or continued
attendance at such institution.
"(b) Any permanent resident of the Trust Territory of the Pacific
Islands or of the Northern Mariana Islands shall be eligible for
assistance under this title to the same extent that citizens of the
United States are eligible for such assistance.
FOR
STUDENTS
" Sec. 485. // 20 USC 1092. // (a)(1) Each eligible institution
participating in any program under this title shall carry out
information dissemination activities for prospective and enrolled
students regarding the institution and financial assistance under this
title. The information required by this section shall be produced and
be made readily available, through appropriate publications and
mailings, to all current students, and to any prospective student upon
request. The information required by this section shall accurately
describe--,
"(A) the student financial assistance programs available to
students who enroll at such institution;
"(B) the methods by which such assistance is distributed among
student recipients who enroll at such institution;
"(C) any means, including forms, by which application for
student financial assistance is made and requirements for
accurately preparing such application;
"(D) the rights and responsibilities of students receiving
financial assistance under this title;
"(E) the cost of attending the institution, including (i)
tuition and fees, (ii) books and supplies, (iii) estimates of
typical student room and board costs or typical commuting costs,
and (iv) any additional cost of the program in which the student
is enrolled or expresses a specific interest;
"(F) a statement of the refund policy of the institution for
the return of unearned tuition and fees or other refundable
portion of cost, as described in clause (E) of this paragraph;
"(G) the academic program of the institution, including (i) the
current degree programs and other educational and training
programs, (ii) the instructional, laboratory, and other physical
plant facilities which relate to the academic program, and (iii)
the faculty and other instructional personnel;
"(H) each person designated under subsection (b) of this
section, and the methods by which and locations in which any
person so designated may be contacted by students and prospective
students who are seeking information required by this subsection;
"(I) special facilities and services available to handicapped
students;
"(J) the names of associations, agencies, or governmental
bodies which accredit, approve, or license the institution and its
programs, and the procedures under which any current or
prospective student may obtain or review upon request a copy of
the documents describing the institution's accreditation,
approval, or licensing; and
"(K) the standards which the student must maintain in order to
be considered to be making satisfactory progress, pursuant to
section 484(a)(3).
"(2) For purposes of this section, the term 'prospective student'
means any individual who has contacted an eligible institution
requesting information concerning admission to that institution.
"(b) Each eligible institution shall designate an employee or group
of employees who shall be available on a full-time basis to assist
students or potential students in obtaining information as specified in
subsection (a). The Secretary may, by regulation, waive the requirement
that an employee or employees be available on a full--, time basis for
carrying out responsibilities required under this section whenever an
institution in which the total enrollment, or the portion of the
enrollment participating in programs under this title at that
institution, is too small to necessitate such employee or employees
being available on a full-time basis. No such waiver may include
permission to exempt any such institution from designating a specific
individual or a group of individuals to carry out the provisions of this
section.
"(c) The Secretary shall make available to eligible institutions
descriptions of Federal student assistance programs including the rights
and responsibilities of student and institutional participants, in order
to (1) assist students in gaining information through institutional
sources, and (2) assist institutions in carrying out the provisions of
this section, so that individual and institutional participants will be
fully aware of their rights and responsibilities under such programs.
SERVICES
" Sec. 486. // 20 USC 1093. // (a) The Secretary is authorized to
enter into contracts with appropriate public agencies or nonprofit
private organizations or institutions of higher education to provide
training for financial aid administrators, student peer counselors,
student staff or volunteers, and other part-time staff and volunteers
who provide financial aid, admissions and academic counseling and
outreach, and student support programs in postsecondary education in
postsecondary institutions, communities or statewide programs.
"(b) Financial assistance under this section may be used for--,
"(1) development of materials and inservice training and career
awareness programs;
"(2) operation of short-term training institutes designed to
improve the skills and career awareness of participants in such
institutes; and
"(3) special programs to assist in training of students and
part--, time staff or volunteers at institutions eligible for
assistance under title III of this Act.
// 20 USC 1051. //
"(c) There are authorized to be appropriated $1,000,000 to carry out
the provisions of this section for fiscal year 1981 and for each of the
succeeding fiscal years ending prior to October 1, 1985.
" Sec. 487. // 20 USC 1094. // (a) In order to be an eligible
institution for the purposes of any program authorized under this title,
an institution must be an institution of higher education or an eligible
institution (as that term is defined for purposes of that program) and
shall, except with respect to a program under subpart 3 of part A, // 20
USC 1070c. // enter into a program participation agreement with the
Secretary. The agreement shall condition the initial and continuing
eligibility of an institution to participate in a program upon
compliance with the following requirements:
"(1) The institution will use funds received by it for any
program under this title solely for the purposes specified in, and
in accordance with, the provisions of that program.
"(2) In the case of an institution participating in any program
authorized under subpart 2 of part A or part C of this title
// 20 USC 1070b, 42 USC 2751. //
for any fiscal year, the institution will continue to spend in its
own scholarship and student aid program, from sources other than
funds received under such parts, not less than the average
expenditures per year made for that purpose during the most recent
period of three fiscal years preceding the effective date of the
program participation agreement, except that, under special and
unusual circumstances prescribed by regulation, the Secretary is
authorized to waive the requirements of this paragraph.
"(3) The institution will establish and maintain such
administrative and fiscal procedures and records as may be
necessary to ensure proper and efficient administration of funds
received from the Secretary or from students under this title.
"(4) The institution will comply with the provisions of
subsection (b) of this section and the regulations prescribed
under that subsection, relating to fiscal eligibility.
"(5) The institution will submit reports to the Secretary and,
in the case of an institution participating in a program under
part B or part E,
// 20 USC 1071, 1088. //
to holders of loans made to the institution's students under such
parts at such times and containing such information as the
Secretary may reasonably require to carry out the purposes of this
title.
"(6) The institution will comply with the requirements of
section 485.
"(b)(1) Notwithstanding any other provisions of this title, the
Secretary is authorized to prescribe such regulations as may be
necessary to provide for--,
"(A) a fiscal audit of an eligible institution with regard to
any funds obtained by it under this title or obtained from a
student who has a loan insured or guaranteed by the Secretary
under this title;
"(B) the establishment of reasonable standards of financial
responsibility and appropriate institutional capability for the
administration by an eligible institution of a program of student
financial aid under this title;
"(C) the establishment, by each eligible institution under part
B responsible for furnishing to the lender the statement required
by section 428(a)(2)(A)(i),
// 20 USC 1078. //
of policies and procedures by which the latest known address and
enrollment status of any student who has had a loan insured under
this part and who has either formally terminated his enrollment,
or failed to re-enroll on at least a half-time basis, at such
institution, shall be furnished either to the holder (or if
unknown, the insurer) of the note, not later than sixty days after
such termination or failure to re--, enroll; and
"(D) the limitation, suspension, or termination of the
eligibility for any program under this title of any otherwise
eligible institution, or the imposition of a civil penalty under
paragraph (2)(B) whenever the Secretary has determined, after
reasonable notice and opportunity for hearing on the record, that
such institution has violated or failed to carry out any provision
of this title or any regulation prescribed under this title,
except that no period of suspension under this section shall
exceed sixty days unless the institution and the Secretary agree
to an extension or unless limitation or termination proceedings
are initiated by the Secretary within that period of time.
"(2)(A) Upon determination, after reasonable notice and opportunity
for a hearing on the record, that an eligible institution has engaged in
substantial misrepresentation of the nature of its educational program,
its financial charges, or the employability of its graduates, the
Secretary may suspend or terminate the eligibility status for any or all
programs under this title of any otherwise eligible institution, in
accordance with procedures specified in paragraph (1)(D) of this
subsection, until the Secretary finds that such practices have been
corrected.
"(B)(i) Upon determination, after reasonable notice and opportunity
for a hearing on the record, that an eligible institution--,
"(I) has violated or failed to carry out any provision of this
title or any regulation prescribed under this title; or
(II) has engaged in substantial misrepresentation of the nature
of its educational program, its financial charges, and the
employability of its graduates,
the Secretary may impose a civil penalty upon such institution of not to
exceed $25,000 for each violation or misrepresentation.
"(ii) Any civil penalty may be compromised by the Secretary. In
determining the amount of such penalty, or the amount agreed upon in
compromise, the appropriateness of the penalty to the size of the
institution of higher education subject to the determination, and the
gravity of the violation, failure, or misrepresentation shall be
considered. The amount of such penalty, when finally determined, or the
amount agreed upon in compromise, may be deducted from any sums owing by
the United States to the institution charged.
"(3) The Secretary shall publish a list of State agencies which the
Secretary determines to be reliable authority as to the quality of
public postsecondary vocational education in their respective States for
the purpose of determining eligibility for all Federal student
assistance programs.
"(c) For the purpose of this section the term 'eligible institution'
means any such institution described in section 435(a) of this Act. //
20 USC 1085. //
" Sec. 488. // 20 USC 1095. // Up to 10 per centum of the allotment
of an eligible institution for a fiscal year under section 413 D or 446
of this Act, may be transferred to, and used for the purposes of, the
institution's allotment under the other section within the discretion of
such institution in order to offer an arrangement of types of aid,
including institutional and State aid, which best fits the needs of each
individual student. The Secretary shall have no control over such
transfer, except as specifically authorized, except for the collection
and dissemination of information.
" Sec. 489. // 20 USC 1096. // (a) From the sums appropriated for
any fiscal year for purposes of the program authorized under subpart 1
of part A, // 20 USC 1070a. // the Secretary shall reserve such sums as
may be necessary to pay to each institution with which he has an
agreement under section 487, an amount equal to $10 for each student at
that institution who receives assistance under subpart 1 of part A. In
addition, an institution which has entered into an agreement with the
Secretary under subpart 2 of part A or part C (other than section 448),
of this title or under part E of this title // 20 USC 107b, 42 USC 2751.
// shall be entitled for each fiscal year for which it receives an
allotment by payment under any such part to a payment for the purposes
set forth in subsection (b). The payment for a fiscal year shall be
payable from each such allotment by payment in accordance with
regulations of the Secretary and shall be equal to 5 per centum of the
institution's first $2,750,000 of expenditures plus 4 per centum of the
institution's expenditures greater than $2,750,000 and less than
$5,500,000, plus 3 per centum of the institution's expenditures in
excess of $5,500,000 during the fiscal year from the sum of its grants
to students under subpart 2 of part A, its expenditures during such
fiscal year under part C for compensation of students, and the principal
amount of loans made during such fiscal year from its student loan fund
established under part E, excluding the principal amount of any such
loans which the institution has agreed to assign under section
463(a)(6)(B). The payment for a fiscal year for the purpose of
subsection (b) with respect to section 448 shall be payable from each
allotment under part C in accordance with regulations of the Secretary,
and shall be 10 per centum of the institution's expenditures during such
fiscal year under such section.
"(b) The sums paid to institutions under this part are for the sole
purpose of offsetting the administrative costs of the programs described
in subsection (a).
" Sec. 490. // 20 USC 1097. // (a) Any person who knowingly and
willfully embezzles, misapplies, steals, or obtains by fraud, false
statement, or forgery any funds, assets, or property provided or insured
under this title shall be fined not more than $10,000 or imprisoned for
not more than five years, or both; but if the amount so embezzled,
misapplied, stolen, or obtained by fraud, false statement, or forgery
does not exceed $200, the fine shall not be more than $1,000 and
imprisonment shall not exceed one year, or both.
"(b) Any person who knowingly and willfully makes any false
statement, furnishes any false information, or conceals any material
information in connection with the assignment of a loan which is made or
insured under this title shall, upon conviction thereof, be fined not
more than $1,000 or imprisoned not more than one year, or both.
"(c) Any person who knowingly and willfully makes an unlawful payment
to an eligible lender under part B // 20 USC 1071. // as an inducement
to make, or to acquire by assignment, a loan insured under that part
shall, upon conviction thereof, be fined not more than $1,000 or
imprisoned not more than one year, or both.
"(d) Any person who knowingly and willfully destroys or conceals any
record relating to the provision of assistance under this title with
intent to defraud the United States or to prevent the United States from
enforcing any right obtained by subrogation under this part, shall upon
conviction thereof, be fined not more than $10,000 or imprisoned not
more than five years, or both.
" Sec. 491. // 20 USC 1098. // (a) There is established, as an
independent agency within the executive branch, a National Commission on
Student Financial Assistance (referred to in this section as the '
Commission').
"(b)(1) The Commission shall be composed of twelve members. Four of
the members shall be appointed by the President. Four of the members
shall be appointedby the Speaker of the House, including two Members of
the House, one from each political party. Four of the members shall be
appointed by the President pro tempore of the Senate, including two
Members of the Senate, one from each political party.
"(2) The Chairman shall be designated by the President from among the
members appointed by him. If the President has not appointed four
members of the Commission and designated a Chairman within sixty days of
the enactment of this Act, the members of the Commission appointed by
the Speaker of the House and the President pro tempore of the Senate
shall elect a Chairman who shall continue to serve for the duration of
the Commission.
"(3) Any vacancy in the Commission shall be filled by appointment of
the same person who appointed the person who has left the Commission.
"(c)(1) The Commission shall make a study of the following issues:
"(A) more effective means to reduce default, fraud, abuse, and
delinquency in the programs authorized by this title;
"(B) the appropriate balance between loans and other sources of
financing postsecondary education from the point of view of the
needs and welfare of students and their parents;
"(C) the adequacy of capital to serve the postsecondary
educational needs of students or their parents for credit; if
adequate credit is available, the likelihood it will continue to
remain available; if adequate credit is not available, the
likelihood it will become available and the steps that can be
taken to provide adequate credit for the postsecondary educational
needs of students;
"(D) the impact of various levels of student borrowing, grants,
gift aid, and employment on the educational performance, future
career choices, and future educational choices of students;
"(E) the impact of various levels of parent borrowing for
postsecondary education on parents;
"(F) the appropriate annual and aggregate self-help limits and
gift aid for parents, dependent students, and independent
students;
"(G) the most appropriate mechanism for the effective and
efficient origination, servicing, and collection of student loans
and for the effective and efficient delivery of other forms of
student assistance;
"(H) the most appropriate source or sources of student loan
capital considering both the cost and the reliability of adequate
capital availability;
"(I) the appropriate level of public subsidy to students and
parents for the cost of capital for student loans;
"(J) the impact of the availability of Federal student
financial assistance on the availability of student financial
assistance from all other sources;
"(K) the impact of the availability of student assistance,
particularly from Federal sources, on the level of postsecondary
education costs;
"(L) the most appropriate mechanism to provide students and
parents with the flexible repayment options and opportunities for
consolidation of student loan indebtedness;
"(M) means to remove barriers to capital availability caused by
patterns of lender discrimination;
"(N) the cost to the Federal Government of the arbitrage
derived from revenue bonds issued by agencies for the purpose of
making or purchasing loans under part B of this title
// 20 USC 1071. //
and the appropriate role of such bonds as a mechanism for raising
student loan capital; and
"(O) the effectiveness in serving the purposes of this title of
the existing formulas for allotment among the States in subpart 2
of part A and in parts C and E of this title.
// 20 USC 1070b, 42 USC 2751, 20 USC 1088. //
"(2) The Commission shall make a study of the insurance premium
charged by an insurer pursuant to section 428(b)(1)(H) in order to
determine if the rate of the insurance premium exceeds the rate
necessary to protect the reserves of the insurer and to determine if a
statutory limit should be enacted for the rate of such premium.
"(3)(A) The Commission shall make a study of an improved method or
methods for determination of the quarterly rate of special allowances
paid under part B of this title which the Commission determines will
carry out the objectives set forth in section 438(a).
"(B) The Commission shall make every effort to reach a unanimous
decision with respect to the method for determination of the quarterly
rate of the special allowances required to be studied by this paragraph.
"(C) In developing the method for the determination of the quarterly
rate of the special allowances under this paragraph, the Commission
shall consider--,
"(i) the experiences of students and eligible lenders under the
method in operation during the period of the study,
"(ii) the administrative costs of various types of eligible
lenders under part B of title IV,
"(iii) relevant and widely available financial indicators which
accurately reflect the costs of capital invested in programs under
such part, or substitute financial indicators which equitably
represent the cost of such capital,
"(iv) an administrative mechanism necessary to produce a prompt
and rapidly disseminated determination of the quarterly rate of
the special allowances, in order to avoid delays in the
determination and dissemination of that rate and in the actual
payment of the special allowances to eligible lenders, and
"(v) such other factors as the Commission considers necessary
to carry out the purposes of section 438(a).
"(4) The Commission shall conduct a study to determine if
institutions of higher education which meet the requirements of section
1201(a) (other than the provisions of subclauses (A) and (B) // 20 USC
1141. // of clause (5) of such section), but fail to meet such
requirements because the institution is not located in a State, should
be included in the definition of institution of higher education under
section 481.
"(5) The Commission shall conduct a study to determine if student
eligibility for financial assistance under section 484 on the basis of
maintaining satisfactory academic progress should include provisions
which would require that a student complete successfully a specified
portion of the workload undertaken during the academic period for which
assistance was received by the student.
"(6) The Commission shall, in consultation with the National Center
for Education Statistics, conduct longitudinal studies of high school
students in order to determine the effect of federally authorized
student assistance programs upon postsecondary education access and
choices of high school students.
"(7)(A) The Commission shall, in consultation with appropriate higher
education associations and representatives from institutions of higher
education, collect data necessary for the study of graduate education
throughout the United States required by this paragraph. Such study
shall--,
"(i) analyze trends and shortcomings in the sources of support
available to students for the financing of graduate education, and
compare the nature and level of support available in the various
academic disciplines, including sources of support from student
assistance and research programs sponsored by--,
entities,
and
in addition, consider the resources of the students and the
students' families;
"(ii) examine the extent to which students may be dissuaded
from pursuing graduate education on financial grounds, to the
consequent detriment of--,
the
most able and talented students of each generation if
they
are to remain strong and vigorous; and
promising
students are precluded because of financial
circumstances
from developing their capacities and abilities to the
fullest
possible extent;
"(iii) investigate existing and projected levels of graduate
student indebtedness, and consider the implications (for the
students involved and for the health of graduate education
generally) or existing and projected expectations for borrowing to
meet the costs of graduate education;
"(iv) assess the desirability of modifying existing Federal
fellowship and student assistance programs or establishing a new
Federal graduate student assistance program in which the selection
of students and the amounts of their awards are based on merit or
financial need or both, particularly with regard to the special
needs of students in the humanities and social sciences or other
disciplines; and
"(v) examine and assess the financial and educational needs of
individuals from disadvantaged backgrounds in order to enhance
their participation in graduate and professional education and
their potential for employment in occupational areas where these
individuals are underrepresented.
"(B) In conducting the study described in this paragraph, the
Commission shall consult with representatives of the National Science
Foundation, the National Endowment for the Humanities, the National
Endowment for the Arts, and representatives of higher education
institutions and associations, learned societies, and professional
organizations.
"(8)(A) The Commission shall conduct a study of a proposal to amend
the guaranteed student loan program authorized by part B of title IV //
20 USC 1071. // by recapturing interest subsidies from borrowers who do
not obtain loans for undergraduate study under such part by reason of
need or who borrow under such part for graduate study to the extent such
loans are made for graduate study. In conducting such study, the
Commission shall analyze the long term effect on the Budget of the
United States of recapturing the interest subsidy in accordance with
such proposal outlined in this paragraph and the impact of such proposal
on the availability of funds for postsecondary education for students.
"(B) In conducting the study under this paragraph, the Commission
shall also consider other alternative proposals designed to reduce the
cost of the guaranteed student loan program under part B of title IV in
fiscal years subsequent to fiscal year 1982 and the impact of such
proposals on the availability of funds for postsecondary education for
students.
"(d)(1) The Commission shall prepare and submit reports and
recommendations to the President and to the Congress on the studies
required to be conducted under subsection (c) of this section. The
reports for the studies required by paragraphs (2), (3), (5), and (8) of
such subsection shall be submitted as soon as practicable but in no
event later than one year after the date of the first meeting of the
Commission. The reports for the studies required by paragraphs (1),
(4), (6), and (7) shall be submitted as soon as practicable but in no
event later than July 1, 1983.
"(2) Any recommendations and reports submitted under this paragraph
which contemplate changes in Federal legislation shall include draft
legislation to accomplish the recommendations.
"(3) The Commission shall cease to exist 90 days following the
submission of its final report.
"(e)(1) Members of the Commission who are officers or full-time
employees of the United States shall serve without compensation in
addition to that received for their services as officers or employees of
the United States; but they may be allowed travel expenses, including
per diem in lieu of subsistence, as authorized by section 5703 of title
5, United States Code, for persons in the Government service employed
intermittently.
"(2) Members of the Commission who are not officers or full-time
employees of the United States may each receive $150 per diem when
engaged in the actual performance of duties vested in the Commission.
In addition, they may be allowed travel expenses, including per diem in
lieu of subsistence, as authorized by section 5703 of title 5, United
States Code, for persons in the Government service employed
intermittently.
"(f) Such personnel as the Commission deems necessary may be
appointed by the Commission without regard to the provisions of title 5,
United States Code, governing appointments in the competitive service,
and may be paid without regard to the provisions of chapter 51 and
subtitle III of chapter 53 of such title // 5 USC 5101 // relating to
classification and General Schedule pay rates, but no individual so
appointed shall be paid in excess of the rate authorized for GS-18 of
the General Schedule. // 45 FR 69201. //
"(g)(1) The Commission or, on the authorization of the Commission,
any committee thereof, may, for the purpose of carrying out the
provisions of the Act, hold such hearings and sit and act at such times
and such places within the United States as the Commission or such
committee may deem advisable.
"(2) In carrying out its duties under the Act, the Commission shall
consult with other Federal agencies, representatives of State and local
governments, and private organizations to the extent feasible.
"(3) The Commission is authorized to secure directly from any
executive department, bureau, agency, board, commission, office,
independent establishment, or instrumentality, information, suggestions,
estimates, and statistics for the purpose of this section, and each such
department, bureau, agency, board, commission, office, establishment, or
instrumentality is authorized and directed, to the extent permitted by
law, to furnish such information, suggestions, estimates, and statistics
directly to the Commission, upon request made by the Chairman.
"(4) For the purpose of securing the necessary data and information
the Commission may enter into contracts with universities, research
institutions, foundations, and other competent public or private
agencies. For such purpose, the Commission is authorized to obtain the
services of experts and consultants in accordance with section 3109 of
title 5, United States Code.
"(5) The heads of all Federal agencies are, to the extent not
prohibited by law, directed to cooperate with the Commission in carrying
out this section.
"(6) The Commission is authorized to utilize, with their consent, the
services, personnel, information and facilities of other Federal, State,
local and private agencies with or without reimbursement.
"(7) The Commission shall have authority to accept in the name of the
United States, grants, gifts, or bequests of money for immediate
disbursement in furtherance of the functions of the Commission. Such
grants, gifts, or bequests, after acceptance by the Commission, shall be
paid by the donor or his representative to the Treasurer of the United
States whose receipts shall be their acquittance. The Treasurer of the
United States shall enter them in a special account to the credit of the
Commission for the purposes in each case specified.
"(8) Six members of the Commission shall constitute a quorum, but a
lesser number of two or more may conduct hearings.
"(h) There is authorized to be appropriated an amount not to exceed a
total of $10,000,000 for fiscal years beginning on or after October 1,
1980, to carry out the provisions of this section, which shall remain
available until expended or until the termination of the Commission,
whichever occurs first.".
(b) Section 440 of the Act // 20 USC 1087 - 4. // is repealed.
(c) The amendments made by section 6 of the Middle Income Student
Assistance Act // 20 USC 1088 // shall take effect on July 1, 1972.
(d) Section 438 of the Act // 20 USC 1088. 20 USC 1087 - 1. // is
amended by striking out subsections (e), (f), and (g).
Sec. 501. (a) Section 511(b) of the Act // 20 USC 1101. // is
amended to read as follows:
"(b) For the purpose of carrying out the provisions of this part,
there are authorized to be appropriated $45,000,000 for the fiscal year
1981, $50,000,000 for the fiscal year 1982, $60,000,000 for the fiscal
year 1983, $70,000,000 for the fiscal year 1984, and $80,000,000 for the
fiscal year 1985.".
(b) The first sentence of section 531 of the Act // 20 USC 1119. //
is amended to read as follows: " There are authorized to be
appropriated $20,000,000 for the fiscal year 1981, $30,000,000 for the
fiscal year 1982, $40,000,000 for the fiscal year 1983, $50,000,000 for
the fiscal year 1984, and $55,000,000 for the fiscal year 1985 to carry
out the provisions of this part.".
Sec. 502. (a) Section 513(a) of the Act // 20 USC 1103. // is
amended by striking out "and" at the end of paragraph (8), by striking
out the period at the end of paragraph (9) and inserting in lieu thereof
"; and" and by inserting after such paragraph the following:
"(10) make grants to schools, colleges and departments of
education and local educational agencies with high concentrations
of low income students for the purpose of--,
offerings
or instructional materials for the purpose of improving
instruction in the areas of--,
increase
their effectiveness in developing instructional
materials
and teaching science and mathematics related subject
matter.".
(b) Section 513(c)(2) of the Act is amended--,
(1) by striking out " Not to exceed 5 per centum" and inserting
in lieu thereof " Not to exceed 2 per centum"; and
(2) by striking out " Puerto Rico," each place it appears.
(c) Section 513(d) of the Act is amended by striking out "section
205(a)(2) of Public Law 874, Eighty-first Congress, as amended," and
inserting in lieu thereof "section 130 of the Elementary and Secondary
Education Act of 1965".
(d) Section 513(f) of the Act is amended by striking out "goal" and
inserting in lieu thereof "the goal".
(e) Section 514(a)(2) of the Act // 20 USC 1104. // is amended by
striking out ", not to exceed $150 per week plus $15 per week for each
dependent".
Sec. 503. (a) Section 531 of the Act // 20 USC 1119. // is amended
by striking out " In the event that sums exceeding $50,000,000 are
appropriated in any fiscal year for purposes of carrying out this part,
each" and inserting in lieu thereof " Each".
(b) Section 532(a)(2) of the Act // 20 USC 1119a. // is amended--,
(1) by striking out "local educational agency (or a combination
of such agencies) which serve" and inserting in lieu thereof
"local educational agency, a combination of such agencies, or an
educational service agency which serves";
(2) by inserting "and, where desirable, in collaboration with
one or more institutions of higher education which serve teachers"
immediately after "experts as may be necessary";
(3) by inserting ", including the use of technology and
telecommunications" immediately before the semicolon in
subparagraph (A);
(4) by inserting ", testing," immediately after "curriculum
development" in subparagraph (B).
(c) The first sentence of section 532(b) of the Act // 20 USC 1119a.
// is amended by inserting before the period "and, where appropriate,
bilingual education teachers".
Sec. 504. Section 533 of the Act is amended to read as follows:
" Sec. 533. // 20 USC 1119a-1. // (a) The Secretary is authorized to
make grants to schools of education for the purposes of--,
"(1) developing model projects within schools of education to
carry out improved preservice or support activities for preparing
elementary or secondary school teachers;
"(2) achieving diversification and redirection of education
programs for elementary and secondary school teachers in order to
make maximum use of human resources in the fields of education and
public service;
"(3) retraining faculty members of such schools of education to
provide courses of study for training elementary and secondary
school teachers to teach in programs of career education,
education of the gifted and talented children, education of
handicapped individuals, community education, adult education
programs, earth sciences, and other related programs;
"(4) training and orientation projects for faculty members of
schools of education designed to prepare the faculty to teach and
train personnel to work in conjunction with personnel who carry
out projects under the Comprehensive Employment and Training Act
// 29 USC 801 //
and under title VIII of this Act, relating to cooperative
education and training of individuals to prepare for the work--,
place; and
"(5) training educational personnel who will specialize in the
implementation of the urban and environmental policies of the
United States, and for other areas of critical need within
education which are developing or are likely to develop as
provided in section 406(b)(5) of the General Education Provisions
Act.
// 20 USC 1221e-1. //
"(b) The Secretary is authorized to make grants to schools of
education for the fiscal year 1981 and for each of the four succeeding
years to carry out model projects for the purposes set forth in
subsection (a). No grant may be made under this subsection unless an
application is made to the Secretary, at such time, in such manner, and
containing or accompanied by such information as the Secretary may
reasonably require.
"(c)(1) The Secretary is authorized to enter into agreements with
consortia of schools of education for planning programs designed to help
member schools of the consortium to diversify and redirect programs and
curricula of the member schools of education.
"(2)(A) The Secretary shall develop criteria for determining the
regions of the country in which consortia of schools of education are to
be established.
"(B) No consortium may receive a grant in excess of $200,000 in any
fiscal year under this section.
"(C) No cooperative agreement may be entered into under this section
unless an application is submitted through the State education agency of
the State in which the applicant is located. Each such State agency
will review and approve the application to assure its consistency with
the comprehensive plan mandated by sections 404(a)(12) and 522(2) of the
Elementary and Secondary Education Act of 1965. Such application shall
be submitted at such time, in such manner, and containing or accompanied
by such other information as the Secretary may reasonably require.
"(d) For purposes of this section, the term 'schools of education'
means institutions of higher education, and administrative units of
institutions of higher education, specializing in the training of
individuals to serve as teachers, guidance and counseling personnel,
administrative personnel, or other education specialists.".
AREAS WITH A
SHORTAGE
Sec. 505. (a) Title V of the Act is amended by adding after part B
the following new part:
With a
Shortage
" Sec. 541. // 20 USC 1119b. // (a) The Secretary is authorized to
make grants, in accordance with the provisions of this part, to State
educational agencies to enable such agencies to support a fellowship
program of stipends and allowances to institutions of higher education
for teachers to be trained to provide special education for handicapped
children.
"(b) The Secretary shall establish criteria for--,
"(1) determining if there is a shortage of teachers in the area
of special education for handicapped children in the State;
"(2) assuring that the institutions of higher education, at
which recipients of fellowships awarded under this part are
pursuing courses of study, offer a program designed to prepare
such recipients in the area of special education for handicapped
children; and
"(3) assuring that individuals trained with assistance under
this part receive specialized training in the subject areas in
which there is the greatest need for such teachers.
"(c) The Secretary shall assure an equitable distribution among the
States of grants made under this part, consistent with criteria
established under subsection (b).