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 PUBLIC LAW 97-35—AUG. 13, 1981 (b) The amendments made by subsection (a) shall take effect on the day after the Final Government Equity Redemption Date.

95 STAT. 435 Effective date. 12 USC 3019 note.

BOARD OF DIRECTORS

SEC. 393. (a) Subsections (a), (b), (c), and (d) of section 103 of such Act (12 U.S.C. 3013) are amended to read as follows: "(a) The Bank shall be governed by a Board of Directors (hereinafter in this Act referred to as the 'Board') which shall consist of 15 members. AH members shall serve for a term of 3 years. After the expiration of the term of any member, such member may continue to serve until his successor has been elected or has been appointed and qualified. Any member appointed by the President may be removed Removal. for cause by the President. "(b)(1) The President shall appoint, by and with the advice and Appointment. consent of the Senate— "(A) one member who shall be selected from among proprietors of small business concerns, as defined under section 3 of the 12 USC 371. Small Business Act, which are manufacturers or retailers; "(B) one member who shall be selected from among the officers of the agencies and departments of the United States; and "(C) one member who shall be selected from among persons having extensive experience in the cooperative field representing low-income cooperatives eligible to borrow from the Bank. "(2) Twelve members of the Board shall be elected by the holders of class B stock and class C stock in accordance with the provisions of subsection (d) and the bylaws of the Bank. "(c)(1) On the day after the Final Government Equity Redemption Resignation. Date, all members of the Board of Directors of the Bank who were appointed by the President shall resign, except that— "(A) the member who shall have been appointed by the President from among proprietors of small business concerns, and "(B) one member who shall be designated by the President and who shall have been appointed by the President from among the officers and employees of the agencies and departments of the United States Government, may continue to serve until their successors have been appointed and qualified. "(2) Any member of the Board of Directors of the Bank who was elected by the holders of class B or class C stock before the Final Government Equity Redemption Date shall serve the remainder of the term for which such member was elected. "(3) Any member appointed pursuant to subsection (b)(1) shall be entitled to sit on any committee of the Board, but not more than one member so appointed may sit on any one committee. "(d)(1) All elections of members of the Board by the holders of class B stock and class C stock shall be conducted in accordance with the bylaws of the Bank. Such bylaws shall conform to the requirements of this section. Nominations for such elections shall be made by the following classes of cooperatives: (A) housing, (B) consumer goods, (C) low-income cooperatives, (D) consumer services, and (E) all other eligible cooperatives. "(2)(A) Vacant shareholder directorships shall be filled so that at Vacant any time when there are three or more shareholder directors on the shareholder Board, there shall be at least one director representing each of directorships. the following classes of cooperatives: (i) housing cooperatives, (ii)

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 95 STAT. 436

Effective date. 12 USC 3013 note.

PUBLIC LAW 97-35—AUG. 13, 1981 low-income cooperatives, and (iii) consumer goods and services cooperatives. "(B) Each nominee for a shareholder directorship of a particular class shall have at least three years experience as a director or senior officer in the class of cooperatives to be represented. "(C) No one class of cooperatives specified in paragraph (1) shall be represented on the Board by more than three directors.. (b) Section 103(h) of such Act (12 U.S.C. 3013(h)) is amended— (1) in the second sentence thereof, by striking out ", until the Final Government Equity Redemption Date" and all that follows through "class B and class C stock" and inserting in lieu thereof "the member of the Board appointed pursuant to subsection (b)(1)(C)"; and (2) by adding at the end thereof the following: "The members of the Board who are elected by the holders of class B stock and class C stock shall be compensated in accordance with the bylaws of the Bank. All compensation and expenses paid to the members of the Board of Directors shall be paid by the Bank.". (c) The amendments made by subsections (a) and (b) shall take effect on the day after the Final Government Equity Redemption Date. EXAMINATIONS AND AUDITS; CONFORMING AMENDMENTS

SEC. 394. (a)(1) Section 115 of the National Consumer Cooperative Bank Act (12 U.S.C. 3025) is amended to read as follows: EXAMINATION AND AUDIT

Reports to Congress.

Effective date. 12 USC 3025 note.

12 USC 3014 note.

12 USC 3012 note.

"SEC. 115. The Farm Credit Administration and the General Accounting Office are hereby authorized and directed to examine and audit the Bank. Reports regarding such examinations and audits shall be promptly forwarded to both Houses of the Congress. The Bank shall reimburse the Farm Credit Administration for the costs of any examination or audit conducted by the Farm Credit Administration.". (2) The amendment made by paragraph (1) shall take effect on the day after the Final Government Equity Redemption Date. (b) The second sentence of section 108(a) of such Act (12 U.S.C. 3018(a)) is amended by striking out "October 1, 1983" and inserting in lieu thereof "October 1, 1985". (c)(1) The first sentence of section 104(a) of such Act (12 U.S.C. 3014(a)) is amended by inserting "by other public or private investors," after "by public bodies,". (2) The amendment made by paragraph (1) shall take effect on the day after the Final Government Equity Redemption Date. (d)(1) The last sentence of section 102 of such Act (12 U.S.C. 3012) is amended to read as follows: "In determining whether a public offering is taking place for the purpose of the Securities Act of 1933, there shall be excluded from consideration all class B and class C stock purchases which took place prior to the date of the enactment of the National Consumer Cooperative Bank Act Amendments of 1981.". (2) The amendment made by paragraph (1) shall take effect on the day after the Final Government Equity Redemption Date. (e)(1) The first sentence of section 105(a) of such Act (12 U.S.C. 3015(a)) is amended by striking out "entirely owned" and inserting in lieu thereof "primarily owned.

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 PUBLIC LAW 97-35—AUG. 13, 1981 (2) The amendment made by paragraph (1) shall take effect on the day after the Final Government Equity Redemption Date. (f) Section 105(a)(5) of such Act (12 U.S.C. 3015(a)(5)) is amended by inserting "(except that this requirement shall not apply to any housing cooperative in existence on March 21, 1980, which did not meet such requirement on such date)" after "one vote per person basis". (g)(1) The second sentence of section 107(a) of such Act (12 U.S.C. 3017(a)) is amended by striking out "after consultation with the Secretary of the Treasury". (2) The amendment made by paragraph (1) shall take effect on the day after the Final Government Equity Redemption Date.

95 STAT. 437 Effective date. 12 USC 3015 note.

Effective date. 12 USC 3017 note.

NONPROFIT CORPORATION

SEC. 395. (a) The National Consumer Cooperative Bank Act (12 U.S.C. 3001 et seq.) is amended by inserting after section 210 the following: " ESTABLISHMENT O F NONPROFIT CORPORATION

"SEC. 211. (a)(1) Upon the incorporation of the nonprofit corpora- 12 USC 3051. tion described in subsection (b), the Office of Self-Help Development and Technical Assistance is hereby abolished. "(2)(A) If the nonprofit corporation described in subsection (b) agrees to accept the liabilities of the Office, the Bank, notwithstanding any other provision of law, shall transfer all assets, liabilities, and property of the Office to such nonprofit corporation on the day on which such nonprofit corporation is incorporated. "(B) Such assets shall include all sums which are appropriated to the Office by the Congress and all sums which are contained in the Account established pursuant to section 202. If any such sums are 12 USC 3042. appropriated after the date on which the transfer described in subparagraph (A) occurs, the Bank shall promptly transfer such sums to such nonprofit corporation. "(b)(1) As soon as possible after the date of the enactment of this section, the Board shall establish a nonprofit corporation under the laws of the District of Columbia and, notwithstanding the laws of the District of Columbia, name the directors of such nonprofit corporation. "(2) Notwithstanding the laws of the District of Columbia, the Board of Directors of such nonprofit corporation shall— "(A) select an executive director who shall be responsible for the administration of such nonprofit corporation; "(B) set the compensation of such executive director and the other employees of such nonprofit corporation; "(C) promulgate and publish the policies of such nonprofit corporation and make such policies available at all times to eligible cooperatives; and "(D) perform the functions specified in subparagraphs (A) and (C) of paragraph (3). Functions. "(3) Such nonprofit corporation shall only perform— "(A) the functions which are authorized to be performed 12 USC pursuant to sections 203 through 208 and section 210; "(B) such functions as are necessary to comply with the laws 3043-3048, 3050. under which it was incorporated in the District of Columbia; and "(C) such functions as are necessary to remain qualified as an organization described in section 501(c)(3) of the Internal Reve26 USC 501. nue Code of 1954.

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 95 STAT. 438

26 USC 501.

Contributions.

26 USC 170.

26 USC 2055, ^^2^-

12 USC 3024.

12 USC 3043.

PUBLIC LAW 97-35—AUG. 13, 1981 "(4) Notwithstanding any other provision of law— "(A) the Bank may provide administrative or staff support to such nonprofit corporation; and "(B) any member of the Board of Directors of the Bank may serve as a member of the Board of Directors of such nonprofit corporation. "(c)(1) Notwithstanding any other provision of law, such nonprofit corporation shall be deemed to be, and treated as, qualified as an organization described in section 501(c)(3) of the Internal Revenue Code of 1954 from the date on which such nonprofit corporation is established under the laws of the District of Columbia until the date on which the Internal Revenue Service makes a final determination on the application which such nonprofit corporation will submit to the Internal Revenue Service seeking status as an organization qualifying under such section. "(2) When performed by such nonprofit corporation, the functions described in subsection (b)(3)(A) shall be deemed to be performed for 'charitable purposes' within the meaning of section 501(c)(3) of the Internal Revenue Code of 1954. "(d)(1) The Board of Directors of the Bank may make contributions to the nonprofit corporation in such amounts as the Board of Directors of the Bank deems appropriate, except that— "(A) such contributions may be made only out of the Bank's earnings, determined in accordance with generally accepted accounting principles; and "(B) the Bank shall set aside amounts sufficient to satisfy its obligations to the Secretary of the Treasury for payments of principal and interest on class A notes and other debt before making any contributions to such nonprofit corporation. "(2) During any period in which the nonprofit corporation described in subsection (b) is qualified as an organization described in section 501(c)(3) of the Internal Revenue Code of 1954, contributions made by the Bank pursuant to paragraph (1) shall be treated as charitable contributions within the meaning of section 170(c)(2) of the Internal Revenue Code of 1954, and may be deducted notwithstanding the provisions of section 170(b)(2) of such Code. (3) During any period in which the nonprofit corporation described in subsection (b) is qualified as an organization described in section 501(c)(3) of the Internal Revenue Code of 1954, contributions to such nonprofit corporation by any person shall qualify as charitable contributions, as defined in section 170(c) of such Code, for purposes of the charitable contribution deduction provided for in section 170(a) of such Code, and shall also qualify for the deductions for estate and gift tax purposes provided for in sections 2055 and 2522 of the Internal Revenue Code of 1954. "(e) Notwithstanding the laws of the District of Columbia, the Board of Directors of such nonprofit corporation shall adopt and publish its own conflict of interest rules which shall be no less stringent in effect than the conflict of interest provisions adopted by the Board of Directors of the Bank pursuant to section 114.'\ (b)(1) The first sentence of section 202 of the National Consumer Cooperative Bank Act (12 U.S.C. 3042) is amended by striking out "$10,000,000 for the fiscal year ending September 30, 1979, and for the next two succeeding fiscal years an aggregate amount not to exceed $65,000,000, for the purpose of making advances under section 203 of this Act" and by inserting in lieu thereof "for the purpose of making advances under section 203 of this Act an amount not to exceed $14,000,000 for fiscal year 1982".

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 PUBLIC LAW 97-35—AUG. 13, 1981 (2) Section 104(a) of such Act (12 U.S.C. 3014(a)) is amended by striking out the second and third sentences thereof and inserting in lieu thereof the following: "There are authorized to be appropriated not to exceed $47,000,000 for fiscal year 1982 for purposes of purchasing class A stock.". (3) The amendments made by paragraphs (1) and (2) shall take effect on October 1, 1981.

95 STAT. 439 Appropriation authorization.

Effective date. 12 USC 3014 note.

CONFORMING AMENDMENTS; DEFINITIONS

SEC. 396. (a) For purposes of this subtitle, the term "Final Government Equity Redemption Date" shall have the same meaning given such term in section 101(5) of the National Consumer Cooperative Bank Act (12 U.S.C. 3011(5)). (b) The first sentence of section 101 of the National Consumer Cooperative Bank Act (12 U.S.C. 3011) is amended to read as follows: "The Congress of the United States hereby creates and charters a body corporate to be known as the National Consumer Cooperative Bank (hereinafter in this Act referred to as the 'Bank').". (c)(1) Section 104(b) of such Act (12 U.S.C. 3014(b)) is amended— (A) in the first sentence, by striking out "class A, class B," and inserting in lieu thereof "class B"; and (B) by amending the second and third sentences to read as follows: "Class A notes which are held by the United States shall have first preference with respect to assets and interest payments over all classes of stock issued by the Bank. So long as any class A notes are outstanding, the Bank shall not pay any dividend on any class of stock at a rate greater than the statutory interest rate payable on class A notes.". (2) Section 104(c) of such Act (12 U.S.C. 3014(c)) is amended— (A) by striking out the first sentence thereof; (B) in the second sentence— (i) by striking out "class A stock" and inserting in lieu thereof "class A notes"; (ii) by striking out "dividends" each place it appears therein and inserting in lieu thereof "interest payments"; and (iii) by striking out": Provided, That" and inserting in lieu thereof ", except that"; (C) in the third sentence, by striking out "dividends" and inserting in lieu thereof "interest payments"; (D) by amending the fourth sentence to read as follows: "Any such interest payment may be deferred by the Board of Directors with the approval of the Secretary of the Treasury, except that any interest payment so deferred shall bear interest at a rate equal to the rate determined pursuant to the first sentence of this subsection."; (E) in the fifth sentence, by striking out "any other class of stock" and all that follows through the end thereof and inserting in lieu thereof "any class of stock at any time when the deferred interest payments on class A notes shall not have been paid in full, together with any unpaid interest on such notes."; (F) in the sixth sentence— (i) by striking out "class A stock" each place it appears therein and inserting in lieu thereof "class A notes"; (ii) by striking out "other"; (iii) by striking out "dividends" and inserting in lieu thereof "interest payments"; and

89-194 0—82

30:QL3

12 USC 3012 note.

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 95 STAT. 440

PUBLIC LAW 97-35—AUG. 13, 1981 (iv) by striking out "par value" and inserting in lieu thereof "face value"; and (G) in the seventh sentence— (i) by striking out "class A stock" each place it appears therein and inserting in lieu thereof "class A notes"; (ii) by striking out "cumulative dividends" and inserting in lieu thereof "interest payments"; (iii) by striking out": Provided, That" and inserting in lieu thereof ", except that"; (iv) by striking out "of shares" after "fiscal year a number; and (v) by striking out "par value" each place it appears therein and inserting in lieu thereof "face value". (3) Section 104(e) of such Act (12 U.S.C. 3014(e)) is amended— (A) by striking out "class A stock" each place it appears therein and inserting in lieu thereof "class A notes"; and (B) in the last sentence thereof, by striking out "statutory dividend" and inserting in lieu thereof "statutory interest payment". (4) Section 104(f) of such Act (12 U.S.C. 3014(f)) is amended— (A) by striking out "class A stock is" and inserting in lieu thereof "class A notes are"; and (B) by striking out "class A stock as to dividends" and inserting in lieu thereof "class A notes as to dividends, interest payments,". (5) Section 104(g)(2)(B) of such Act (12 U.S.C. 3014(g)(2)(B)) is amended by striking out "section 103(c)" and inserting in lieu thereof "section 103(d)(2)(A).". (6) The second sentence of section 104(h) of such Act (12 U.S.C. 3014(h)) is hereby repealed. (7) The first sentence of section 104(i) of such Act (12 U.S.C. 3014(i)) is amended— (A) by striking out "cumulative dividends on class A stock" and inserting in lieu thereof "interest payments on class A notes"; and (B) by striking out "class A stock in" and inserting in lieu thereof "class A notes in". (d) Section 107 of such Act (12 U.S.C. 3017) is amended— (1) by striking out subsection (b); and (2) by redesignating subsections (c) and (d) as subsections (b) and (c), respectively. (e) The second sentence of section 108(b) of such Act (12 U.S.C. 3018(b)) is amended by striking out ", but so long as" and all that follows through "class B stock in the Bank". (f) The last sentence of section 114 of such Act (12 U.S.C. 3024) is hereby repealed. (g) Section 203 of such Act (12 U.S.C. 3043) is amended by striking out "out of the Account" each place it appears therein. (h)(1) Section 201 of the Government Corporation Control Act (31 U.S.C. 856) is amended by striking out "(7) the Rural Telephone Bank" and all that follows through the end thereof and inserting in lieu thereof "(7) the Rural Telephone Bank, (8) the United States Railway Association, and (9) the National Credit Union Administration Central Liquidity Facility.". (2) Section 302 of the Government Corporation Control Act (31 U.S.C. 867) is amended— (A) by inserting "or" after "the Regional Banks for Cooperatives,"; and

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 PUBLIC LAW 97-35—AUG. 13, 1981 (B) by striking out "or the National Consumer Cooperative Bank,". (3) The second sentence of section 303(d) of the Government Corporation Control Act (31 U.S.C. 868(d)) is amended by striking out "National Consumer Cooperative Bank,". (4) Section 5315 of title 5, United States Code, is amended by striking out "Director, Office of Self-Help Development and Technical Assist^ce, National Consumer Cooperative Bank.". (i) The amendments made by subsections (b) through (h) shall take effect on the day after the Final Government Equity Redemption Date.

95 STAT. 441

Effective date. 12 USC 3011 note.

TITLE IV—THE DISTRICT OF COLUMBIA LIMITATION ON THE AMOUNT OP FUNDS AUTHORIZED AND EXPENDED FOR LOANS FOR CAPITAL PROJECTS

SEC. 401. (a) Subsection (c) of section 723 of the District of Columbia Self-Government and Governmental Reorganization Act (D.C. Code, sec. 47-241 note) is amended to read as follows: "(c) Subject to the limitations contained in section 603(b), there is authorized to be appropriated to make loans under this section the sum of $155,000,000 for the fiscal year ending on September 30, 1982, the sum of $155,000,000 for the fiscal year ending on September 30, 1983, and the sum of $155,000,000 for the fiscal year ending on September 30, 1984.". (b) The amendment made by this section shall take effect on October 1, 1981.

TITLE V—EDUCATION PROGRAMS

D.C. Code 47-228.

Effective date.

SHORT TITLE

Omnibus Education Reconciliation Act of 1981.

SEC. 501. This title may be cited as the "Omnibus Education Reconciliation Act of 1981".

20 USC 3489 note.

Subtitle A—Authorization Savings for Fiscal Years 1982, 1983, and 1984 EFFECT ON OTHER LAWS; GENERAL RESTRICTIONS

SEC. 502. (a) Any provision of law which is not consistent with the provisions of this subtitle is hereby superseded and shall have only such force and effect during each of the fiscal years 1982, 1983, and 1984 which is consistent with this subtitle. (b) Notwithstanding any authorization of appropriations for fiscal year 1982, 1983, or 1984 contained in any provision of law which is specified in this subtitle (including any authorization of appropriations contained in section 528 of this title), no funds are authorized to be appropriated in excess of the limitations imposed upon appropriations by the provisions of this subtitle. (c) No funds are authorized to be appropriated for the fiscal year 1982, 1983, or 1984 to pay for the expenses of any advisory council which provides advice to a program for which there are no authorizations of appropriations made under this subtitle or made by an amendment made by this subtitle.

20 USC 3489 note.

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 95 STAT. 442

PUBLIC LAW 97-35—AUG. 13, 1981 ACT OF MARCH 2, 1867 (HOWARD UNIVERSITY)

20 USC 123 note.

SEC. 503. The total amount of appropriations to carry out the Act of March 2, 1867 (14 Stat. 439), shall not exceed $145,200,000 for each of the fiscal years 1982, 1983, and 1984. ACT O F SEPTEMBER 23, 1950 (IMPACT AID)

SEC. 504. The total amount of appropriations to carry out the Act of 20 USC 631 note. September 23, 1950 (Public Law 815,81st Congress), shall not exceed $20,000,000 for each of thefiscalyears 1982, 1983, and 1984. ACT OF SEPTEMBER 30, 1950 (IMPACT AID)

SEC. 505. (a)(1) The total amount of appropriations to make pay20 USC 237 note, ments under the Act of September 30, 1950 (Public Law 874, 81st Congress), shall not exceed $455,000,000 for each of the fiscal years 1982, 1983, and 1984 of which— (A) $10,000,000 shall be available for payments under section 2 ofsuchAct;and (B) $10,000,000 shall be available for payments under section 7 of such Act. 20 USC 237. Funds available for section 2 of such Act for each such fiscal year shall also be available for section 16 of the Act of September 23, 1950 20 USC 646. (Public Law 815,81st Congress). 20 USC 238. (2) Section 3(d)(2) of such Act is amended by adding at the end thereof the following new subparagraph: "(E)(i) The amount of the entitlement of any local educational agency under this section for fiscal year 1982 with respect to children determined under subsection (b) with respect to such agency shall be the amount determined under paragraph (1) with respect to such children multiplied by 66% per centum. 'Xii) The amount of the entitlement of any local educational agency under this section for fiscal year 1983 with respect to children determined under subsection (b) with respect to such agency shall be the amount determined under paragraph (1) with respect to such children multiplied by 33 V per centum. a "(iii) The amount of the entitlement of any local educational agency under this section for fiscal year 1984 or any succeeding fiscal year with respect to children determined under subsection (b) with respect to such agency shall be zero.". 20 USC 237 note. (3) If the amount appropriated for making pa3anents under such Act for fiscal year 1982, 1983, or 1984 is not sufficient to pay in full the 20 USC 237. sum of the entitlements established under section 2 of such Act, then the amount of each such entitlement shall be ratably reduced. If, for any fiscal year in which such a reduction is required, additional amounts are made available for making such payments, then such entitlements shall be increased on the same basis as they were reduced. 20 USC 238 note. (b) No funds are authorized to be appropriated for fiscal year 1982, 1983, or 1984 for the purpose of making payments— (1) on the basis of entitlements determined under section 3(e) 20 USC 238, 239. or 4 of such Act; or 94 Stat. 1500. (2) under sections 4A or 6 of such Act. 20 USC 239a, ^^^i^ Subsection (d) of section 402 of the Act of September 30, 1950 20 USC 243. (Public Law 874, 81st Congress), shall not apply during fiscal year 1982, or any succeedingfiscalyear.

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 PUBLIC LAW 97-35—AUG. 13, 1981

95 STAT. 443

(2) Funds appropriated to the Department of Defense shall be available to the Secretary of Defense for payments and arrangements of the khid that may be made by the Secretary of Education under section 6 of the Act of September 30, 1950 (Public Law 874, 81st Congress). (3) The Secretary of Defense shall delegate to the Secretary of Education responsibility for the conduct of programs with funds so available.

20 USC 241 note.

20 USC 241. 20 USC 241 note.

ADULT EDUCATION ACT

SEC. 506. The total amount of appropriations to carry out the Adult Education Act shall not exceed $100,000,000 for each of the fiscal years 1982, 1983, and 1984.

20 USC 1211 note. 20 USC 1201 note.

ALCOHOL AND DRUG ABUSE EDUCATION ACT

SEC. 507. The total amount of appropriations to carry out the Alcohol and Drug Abuse Education Act shall not exceed $3,000,000 for fiscal year 1982.

21 USC 1002 note. 21 USC 1001 note.

CAREER EDUCATION INCENTIVE AC?!

SEC. 508. The total amount of appropriations to carry out the Career Education Incentive Act shall not exceed $10,000,000 for fiscal year 1982. CIVIL RIGHTS ACT OF 1964

SEC. 509. The total amount of appropriations to carry out sections 403, 404, and 405 of title IV of the Civil Rights Act of 1964 (42 U.S.C. 2000c et seq.) shall not exceed $37,100,000 for each of the fiscal years 1982, 1983, and 1984.

20 USC 2603 note. 20 USC 2601 note. 42 USC 2000C-2 note.

DEPARTMENT OP EDUCATION

SEC. 510. The total amount of appropriations for salaries and expenses of the Department of Education shall not exceed $308,000,000 for each of the fiscal years 1982, 1983, and 1984, of which— (1) $49,396,000 shall be available for the Office of Civil Rights; and (2) $12,989,000 shall be available for the Office of the Inspector General; for each such year.

Appropriation authorization. 20 USC 3488 note.

EDUCATION AMENDMENTS OF 1978

SEC. 511. (a) No funds are authorized to be appropriated to carry out section 1015 of the Education Amendments of 1978 for fiscal year 1982, 1983, or 1984. (b)(1) No funds are authorized to be appropriated to carry out part A of title XV of the Education Amendments of 1978 for fiscal year 1982, 1983, or 1984. (2) No funds are authorized to be appropriated to carry out part B of title XV of the Education Amendments of 1978 for fiscal year 1982, 1983, or 1984. (3) The total amount of appropriations to carry out section 1524 of the Education Amendments of 1978 relating to general assistance for the Virgin Islands shall not exceed $2,700,000 for each of the fiscal years 1982, 1983, and 1984.

94 Stat. 1497. 20 USC 236 note. 22 USC 287 note. 20 USC 1123 note. 20 USC 1172 note. 92 Stat. 2379.

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 95 STAT. 444 20 USC 1231a note.

PUBLIC LAW 97-35—AUG. 13, 1981 (4) No funds are authorized to be appropriated to carry out section 1526 of the Education Amendments of 1978 for fiscal year 1982, 1983, or 1984. EDUCATION AMENDMENTS OF 1980

94 Stat. 1499. 20 USC 1221-1 note. 94 Stat. 1502.

SEC. 512. (a) No funds are authorized to be appropriated to carry out part D of title XIII of the Education Amendments of 1980 for fiscal year 1982, 1983, or 1984. (b) No funds are authorized to be appropriated to carry out part H of title XIII of the Education Amendments of 1980 for fiscal year 1982, 1983, or 1984. E L E M E N T A R Y A N D SECONDARY E D U C A T I O N ACT O P

20 USC 2702 note. 20 USC 2701.

20 USC 2761, 2771, 2781. 20 USC 2722.

20 USC 2921 note. 20 USC 2943 note. 20 USC 2954 note. 20 USC 2963 note. 20 USC 2971 note. 20 USC note. 20 USC note. 20 USC note. 20 USC note. 20 USC note. 20 USC note. 20 USC note. 20 USC note. 20 USC note. 94 Stat. 20 USC note.

2983 2992 3003 3018 3024 3034 3041 3057 3062 1471. 3065

1965

SEC. 513. (a) The total amount of appropriations to carry out title I of the Elementary and Secondary Education Act of 1965 shall not exceed $3,480,000,000 for fiscal year 1982. From the amount appropriated in accordance with the preceding sentence, not more than 14.6 percent of such amount for fiscal year 1982 shall be available to carry out sections 141, 146, and 151, of such Act. After the requirement of the preceding sentence is met, the Secretary of Education shall assure that the amount available for section 117 of such Act bears the same ratio to the amount appropriated in such fiscal year for title I of such Act as the amount available for such section 117 in fiscal year 1980 bore to the total amount appropriated for title I of such Act in fiscal year 1980. Ob) The total amount of appropriations to carry out title II of the Elementary and Secondary Education Act of 1965 shall not exceed $31,500,000 for fiscal year 1982. (c)(1) The total amount of appropriations to carry out section 303 of the Elementary and Secondary Education Act of 1965 shall not exceed $25,500,000 for fiscal year 1982. (2) The total amount of appropriations to carry out part B of title III of such Act shall not exceed $1,380,000 for fiscal year 1982. (3) The total amount of appropriations to carry out part C of title III of such Act shall not exceed $3,150,000 for fiscal year 1982. (4) No funds are authorized to be appropriated to carry out part D of title III of such Act for fiscal year 1982. (5) The total amount of appropriations to carry out part E of title III of such Act shall not exceed $3,600,000 for fiscal year 1982. (6) No funds are authorized to be appropriated to carry out part F of title III of such Act for fiscal year 1982. (7) The total amount of appropriations to carry out part G of title III of such Act shall not exceed $1,000,000 for fiscal year 1982. (8) No funds are authorized to be appropriated to carry out part H of title III of such Act for fiscal year 1982. (9) No funds are authorized to be appropriated to carry out part I of title III of such Act for fiscal year 1982. (10) No funds are authorized to be appropriated to carry out part J of title III of such Act for fiscal year 1982. (11) No funds are authorized to be appropriated to carry out part K of title III of such Act for fiscal year 1982. (12) The total amount of appropriations to carry out part L of title III of such Act shall not exceed $3,000,000 for fiscal year 1982. (13) No funds are authorized to be appropriated to carry out part M of title III of such Act for fiscal year 1982. (14) No funds are authorized to be appropriated to carry out part N of title III of such Act for fiscal year 1982.

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 PUBLIC LAW 97-35—AUG. 13, 1981 (d)(1) The total amount of appropriations to carry out part B of title IV of the Elementary and Secondary Education Act of 1965 shall not exceed $161,000,000 for fiscal year 1982. (2) The total amount of appropriations to carry out part C of title IV of such Act shall not exceed $66,130,000 for fiscal year 1982. (3) The total amount of appropriations to carry out part D of title IV of such Act shall not exceed $15,000,000 for fiscal year 1982. (e)(1) The total amount of appropriations to carry out part B of title V of the Elementary and Secondary Education Act of 1965 shall not exceed $42,075,000 for fiscal year 1982. (2) No funds are authorized to be appropriated to carry out part C of title V of such Act for fiscal year 1982. (f) The total amount of appropriations to carry out title VI of the Elementary and Secondary Education Act of 1965 shall not exceed $149,292,000 for fiscal year 1982. (g) The total amount of appropriations to carry out title VII of the Elementary and Secondary Education Act of 1965 shall not exceed $139,970,000 for each of the fiscal years 1982, 1983, and 1984. (h) The total amount of appropriations to carry out title VIII of the Elementary and Secondary Education Act of 1965 shall not exceed $3,138,000 for fiscal year 1982. (i)(l) The total amount of appropriations to carry out part A of title IX of the Elementary and Secondary Education Act of 1965 shall not exceed $5,652,000 for fiscal year 1982. (2) No funds are authorized to be appropriated to carry out part B of title IX of such Act for fiscal year 1982. (3) The total amount of appropriations to carry out part C of title IX of such Act shall not exceed $6,000,000 for each of the fiscal years 1982, 1983, and 1984. (4) No funds are authorized to be appropriated to carry out part D of title IX of such Act for fiscal year 1982. (5) The total amount of appropriations to carry out part E of title IX of such Act shall not exceed $2,250,000 for fiscal year 1982. (j)(l) Funds appropriated in an appropriation Act for fiscal year 1982 for title I of the Elementary and Secondary Education Act of 1965 which are intended for use by a State or local educational agency in the school year 1982-1983 shall remain available to such agency but shall be expended and used in accordance with chapter 1 of the Education Consolidation and Improvement Act of 1981. (2) Funds appropriated in an appropriation Act for fiscal year 1981 for title I of the Elementary and Secondary Education Act of 1965 which are not obligated by a State or local educational agency prior to July 1, 1982, shall remain available to such agency but shall be expended and used in accordance with chapter 1 of the Education Consolidation and Improvement Act of 1981.

95 STAT. 445 20 USC 3101 note. 20 USC 3111 note. 20 USC 3121 note. 20 USC 3163 note. 20 USC 3171 note. 20 USC 3194 note. 20 USC 3222 note. 20 USC 3282 note. 20 USC 3313 note. 20 USC 3331 note. 20 USC 3348 note. 20 USC 3352 note. 20 USC 3367 note. 20 USC 2702 note. Post, p. 464.

EDUCATION CONSOLIDATION AND IMPROVEMENT ACT OF 1981

SEC. 514. (a)(1) The total amount of appropriations to carry out chapter 1 of the Education Consolidation and Improvement Act of 1981 shall not exceed $3,480,000,000 for each of the fiscal years 1983 and 1984. (2) From the amount appropriated in accordance with the paragraph (1), not more than 14.6 percent of such amount for each of the fiscal years 1983 and 1984 shall be available to carry out programs described in sections 141, 146, and 151 of the Elementary and Secondary Education Act of 1965. After the requirement of the preceding sentence is met, the Secretary of Education shall assure

20 USC 3802 note.

20 USC 2761, 2771, 2781.

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 95 STAT. 446 20 USC 2722.

Post, p. 464. 20 USC 2701 Post, p. 469.

Post, p. 469.

PUBLIC LAW 97-35—AUG. 13, 1981 that the amount available for the programs described in section 117 of the Elementary and Secondary Education Act of 1965 bears the same ratio to the amount appropriated in each such fiscal year for chapter 1 of the Education Consolidation and Improvement Act of 1981 as the amount available for such section 117 in fiscal year 1980 bore to the total amount appropriated for title I of the Elementary and Secondary Education Act of 1965 in fiscal year 1980. (b)(1) The total amount of appropriations to carry out chapter 2 of the Education Consolidation and Improvement Act of 1981 shall not exceed $589,368,000 for each of the fiscal years 1982, 1983, and 1984. (2)(A) Funds appropriated in an appropriation Act for fiscal year 1982 for any program described in section 561(a)(1), (2), (3), (5), and (6) of this Act which are intended for use by a State or local educational agency in the school year 1982-1983 shall remain available to such agency but shall be expended and used in accordance with chapter 2 of the Education Consolidation and Improvement Act of 1981. (B) Funds appropriated in an appropriation Act for fiscal year 1981 for any program described in section 561(a)(1), (2), (3), (5), and (6) of this Act which are not obligated by a State or local educational agency prior to July 1, 1982, shall remain avsiilable to such agency but shall be expended and used in accordance with chapter 2 of the Education (Consolidation and Improvement Act of 1981. GENERAL EDUCATION PROVISIONS ACT

94 Stat. 1498. 20 USC 1221e note. 20 USC 1221e-l note. 20 USC 1221e-la note.

SEC. 515. (a) The total amount of appropriations to carry out section 405 of the General Education Provisions Act shall not exceed $55,614,000 for each of the fiscal years 1982, 1983, and 1984. (b) The total amount of appropriations to carry out section 406 of the Genered Education Provisions Act shall not exceed $8,947,000 for each of the fiscal years 1982, 1983, and 1984. (c) The total amount of appropriations to carry out section 406A(1) of the General Education Provisions Act shall not exceed $1,875,000 for fiscal year 1982. (d) The total amount of appropriations to carry out section 406A(2) of the General Education Provisions Act shall not exceed $5,000,000 for each of the fiscal years 1982, 1983, and 1984. HIGHER EDUCATION ACT OF 1965

94 Stat. 1373. 20 USC 1005 note. 94 Stat. 1377. 20 USC 1019 note. 94 Stat. 1384. 20 USC 1029 note. 94 Stat. 1385. 20 USC 1031 note. 94 Stat. 1386. 20 USC 1041 note. 20 USC 1047J note.

SEC. 516. (a)(1) No funds are authorized to be appropriated to carry out part A of title I of the Higher Education Act of 1965 for fiscal year 1982, 1983, or 1984. (2) The total amount of appropriations to carry out part B of title I of such Act shall not exceed $8,000,000 for fiscal year 1982, 1983, or 1984. (b)(1) The total amount of appropriations to carry out part A of title II of the Higher Education Act of 1965 shall not exceed $5,000,000 for each of the fiscal years 1982, 1983, and 1984. (2) The total amount of appropriations to carry out part B of title II of such Act shall not exceed $1,200,000 for each of the fiscal years 1982, 1983, and 1984. (3) The total amount of appropriations to carry out part C of title II of such Act shall not exceed $6,000,000 for each of the fiscal years 1982, 1983, and 1984. (4) No funds are authorized to be appropriated to carry out part D of title II of such Act for fiscal year 1982, 1983, or 1984.

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 PUBLIC LAW 97-35—AUG. 13, 1981 (5) No funds available for carrying out part A and section 224 of part B of such title for any such fiscal year shall be made available to any institution, organization, or agency which is a recipient of assistance under part C of such title. (c)(1) The total amount of appropriations to carry out title III of the Higher Education Act of 1965 shall not exceed $129,600,000 for each of the fiscal years 1982, 1983, and 1984. (2) Section 381(a)(1) of the Higher Education Act of 1965 is amended by striking out the period at the end of clause (B) and by inserting in lieu thereof a semicolon and the word "or", and by adding at the end thereof the following new clause: "(C) which is an institution of higher education which includes a substantial number of minority and educationally disadvantaged students, which provides a medical education program which leads to a doctor of medicine degree or which is not less than a two year program fully acceptable toward such a degree, and which in fiscal year 1980 received a grant as a two year medical school under section 788(a) of the Health Professions Educational Assistance Act of 1976.". (d)(1)(A) The total amount of appropriations to carry out subpart 1 of part A of title IV of the Higher Education Act of 1965 shall not exceed $2,650,000,000 for fiscal year 1982, $2,800,000,000 for fiscal year 1983, and $3,000,000,000 for fiscal year 1984. (B) If the Secretary of Education determines that it is necessary to waive any provision of subpart 1 of part A of title IV of the Higher Education Act of 1965 to meet the authorizations specified in subparagraph (A) of this paragraph, the Secretary shall notify the Committee on Labor and Human Resources of the Senate and the Committee on Education and Labor of the House of Representatives. The notification shall contain a description of each provision of such subpart that the Secretary proposes to waive and the reasons for the waiver. The Secretary may waive each provision contained in the notification submitted under this subparagraph if the Committee on Labor and Human Resources of the Senate and the Committee on Education and Labor of the House of Representatives within 30 days after the receipt approve of the waiver of that provision. Before the Secretary may act under this subparagraph, each such committee must approve of the waiver of each provision requested in the notification. (2) The total amount of appropriations to carry out subpart 2 of part A of title IV of such Act shall not exceed $370,000,000 for each of the fiscal years 1982, 1983, and 1984. (3) The total amount of appropriations to carry out subpart 3 of part A of title IV of such Act shall not exceed $76,800,000 for each of the fiscal years 1982, 1983, and 1984. (4) The total amount of appropriations to carry out subpart 4 of part A of title IV of such Act shall not exceed $165,000,000 for the fiscal year 1982, $170,000,000 for each of the fiscal years 1983 and 1984. (5) The total amount of appropriations to carry out subpart 5 of part A of title IV of such Act shall not exceed $7,500,000 for each of the fiscal years 1982, 1983, and 1984. (6)(A) No funds are authorized to be appropriated to carry out section 419 of such Act for fiscal year 1982, 1983, or 1984. (B) The total amount of appropriations to carry out section 420 of such Act shall not exceed $12,000,000 for each of the fiscal years 1982, 1983, and 1984.

95 STAT. 447 94 Stat. 1384, 1385. 20 USC 1029 note. 94 Stat. 1386. 20 USC 1041. 94 Stat. 1390. 20 USC 1069c note. 1395. 94 Stat. 1064.

20 USC

42 USC 295g-8. 20 USC 1070a note. Waiver notification to congressional committees.

20 USC 1070b note. 20 USC 1070c note. 94 Stat. 1407. 20 USC 1070d note. 94 Stat. 1411. 20 USC 1070d-2 note. 20 USC 1070e note. 94 Stat. 1412. 20 USC 1070e-l note.

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 95 STAT. 448 94 Stat. 1433. 42 USC 2751 note. 94 Stat. 1437. 20 USC 1087aa note. 94 Stat. 1454. 20 USC 1098 note. 94 Stat. 1459. 20 USC 1101 note. 94 Stat. 1459. 20 USC 1119 note.

94 Stat. 20 USC note. 94 Stat. 20 USC note. 94 Stat. 20 USC note. 94 Stat. 20 USC note.

1461. 1119b-5 1464. 1119c 1464. 1127 1472. 1132a-l

94 Stat. 1481. 20 USC 1133 note. 20 USC 1134 note. 94 Stat. 1482. 20 USC 1134g note. 94 Stat. 20 USC note. 94 Stat. 20 USC note. 94 Stat. 20 USC note.

1484. 1134h 1486. 1134m 1487. 1134p

94 Stat. 1489. 20 USC 1135a-3 note.

PUBLIC LAW 97-35—AUG. 13, 1981 (7) The total amount of appropriations to carry out part C of title IV of such Act shall not exceed $550,000,000 for each of the fiscal years 1982, 1983, and 1984. (8) The total amount of appropriations to carry out part E of title IV of such Act shall not exceed $286,000,000 for each of the fiscal years 1982, 1983, and 1984. (9) The total amount of appropriations to carry out section 491 of such Act shall not exceed $1,000,000 for fiscal year 1982 and $2,000,000 for fiscal year 1983. (e)(1) The total amount of appropriations to carry out part A of title V of the Higher Education Act of 1965 shall not exceed $22,500,000 for fiscal year 1982. (2)(A) The total amount of appropriations to carry out part B of title V of such Act shall not exceed $9,100,000 for fiscal year 1982. (B) The last sentence of section 531 of such Act shall not apply to the funds appropriated to carry out part B of title V of such Act for fiscal year 1982, 1983, or 1984. (3) No funds are authorized to be appropriated to carry out part C of title V of such Act for fiscal year 1982, 1983, or 1984. (4) No funds are authorized to be appropriated to carry out part D of title V of such Act for fiscal year 1982, 1983, or 1984. (f) The total amount of appropriations to carry out title VI of the Higher Education Act of 1965 shall not exceed $30,600,000 for each of thefiscalyears 1982, 1983, and 1984. (g) No funds are authorized to be appropriated to carry out part A or B of title VII of the Higher Education Act of 1965 for fiscal year 1982, 1983, or 1984. (h) The total amount of appropriations to carry out title VIII of the Higher Education Act of 1965 shall not exceed $20,000,000 for each of thefiscalyears 1982, 1983, and 1984. (i)(l) No funds are authorized to be appropriated to carry out part A of title IX of such Act for fiscal year 1982, 1983, or 1984. (2) The total amount of appropriations to carry out part B of title IX of the Higher Education Act of 1965 shall not exceed $14,000,000 for each of the fiscal years 1982, 1983, and 1984. (3) No funds are authorized to be appropriated to carry out part C of title IX of such Act for fiscal year 1982, 1983, or 1984. (4) The total amount of appropriations to carry out part D of title IX of such Act shall not exceed $1,000,000 for each of the fiscal years 1982, 1983, and 1984. (5) The total amount of appropriations to carry out part E of title IX of such Act shall not exceed $1,000,000 for each of the fiscal years 1982, 1983, and 1984. (j) The total amount of appropriations to carry out title X of the Higher Education Act of 1965 shall not exceed $13,500,000 for each of the fiscal years 1982, 1983, and 1984. INDIAN EDUCATION ACT

20 USC 241ff note. 20 USC 241aa note.

SEC. 517. The total amount of appropriations to carry out the Indian Education Act shall not exceed $81,700,000 for fiscal year 1982, $88,400,000 for the fiscal year 1983, and $95,300,000 for the fiscal year 1984.

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 PUBLIC LAW 97-35—AUG. 13, 1981

95 STAT. 449

JOHNSON-O'BIALLEY ACT; SNYDER ACT; NAVAJO COMMUNITY COLLEGE ACT; TRIBALLY CONTROLLED COMMUNITY COLLEGE ASSISTANCE ACT OF 1978 25 USC 13 note. SEC. 518. The total amount of appropriations— (1) to carry out the Act of April 16» 1934» commonly referred to as the JohnsonO'Mallev Act; 25 USC 452 (2) to carry out all education programs under the direction of " * o® the Office of Indian Education Pn^rams in the Bureau of Indian Affairs of the Department of the mterior authorized under the Act of November 2, 1921, commonly referred to as the Snyder Act 25 USC 13. (and not otherwise expressly authorized by law); (3) to carry out the Navsyo Community College Act; and 25use640a (4) to carry out the Tribally Controlled Community College "^^ Assistance Act of 1978; 25 USC 1801 shall not exceed $262,300,000 for fiscal year 1982, $276,100,000 for the '^"^ fiscal year 1983, and $290,400,000 forfiscalyear 1984. JOINT RESOLUTION OF OCTOBER 19, 1972 (ELLENDER FELLOWSHIP PROGRAM)

SEC. 519. The total amount of appropriations to carry out the joint resolution of October 19, 1972, shall not exceed $1,000,000 for each of 86 Stat. 907. thefiscalyears 1982, 1983, and 1984. LIBRARY SERVICES AND CONSTRUCTION ACT

SEC. 520. (a) The total amount of appropriations to carry out the Library Services and Construction Act shall not exceed $80,000,000 for eachof thefiscalyears 1982, 1983,and 1984of which— (1) not more than $65,000,000 shall be available for title I of such Act; and (2) not more than $15,000,000 shall be available for title m of such Act,

20 USC 351b «« TTQP or.

„^.^ ^" ^^ ^^^ ''°^20 USC 352. 20USe355e.

for each such year. (b) No funds are authorized to be appropriated to carry out title n of the Library Services and Construction Act for fiscal year 1982, 1983, 20 USC 355a. or 1984. BfUSEUM SERVICES ACT

SEC. 521. The total amount of appropriations to carry out the 20 USC 96? note. Museum Services Act shall not exceed $9,600,000 for each of the fiscal 20 USC 96i note. years 1982, 1983, and 1984. NATIONAL COMBOSSION ON LIBRARIES AND INFORBfATION SCIENCE ACT

SEC. 522. The total amount of appropriations to carry out the National Commission on Libraries and Information Science Act shall not exceed $700,000 for each of the fiscal years 1982, 1983, and 1984. NATIONAL FOUNDATION ON THE ARTS AND THE HUBIANITIES ACT OF 1965

20 USC 1506 note. 20 USC 1501 note. 20 USC 951 note.

SEC. 528. The total amount of appropriations to the National 20 USC 960 note. Endowment for the Arts shall not exceed $119,300,000 for each of the fiscal years 1982, 1983, and 1984. SEC. 524. The total amount of appropriations to the National ^^ use 96o note. Endowment for the Humanities shall not exceed $118,700,000 for each of thefiscalyears 1982, 1983, and 1984.

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 95 STAT. 450

PUBLIC LAW 97-35—AUG. 13, 1981 REFUGEE EDUCATION CONSOLIDATION

94 Stat. 1799-1807. 8 USC 1522 note.

SEC. 525. The total amount of appropriations to carry out titles I through IV of the Refugee Education Assistance Act of 1980 shall not exceed $5,000,000 for fiscal year 1982, $7,500,000 for fiscal year 1983, and $10,000,000 for fiscal year 1984. REFUGEE CUBAN AND HAITIAN PROGRAMS

8 USC 1522 note.

SEC. 526. (a)(1) The total amount of appropriations to carry out Cuban and Haitian reception activities shall not exceed $20,000,000 for fiscal year 1982. (2) No funds are authorized to be appropriated to Cuban and Haitian reception activities for the fiscal year 1983. (b) The total amount of appropriations to carry out Cuban and Haitian domestic activities shall not exceed $94,000,000 for fiscal year 1982 and $59,000,000 for fiscal year 1983. VOCATIONAL EDUCATION ACT OF 1963

20 USC 2302 note. 20 USC 2301 note.

SEC. 527. The total amount of appropriations to carry out the Vocational Education Act of 1963 shall not exceed $735,000,000 for each of the fiscal years 1982, 1983, and 1984. GENERAL EXTENSION OF AUTHORIZATIONS

20 USC 3489.

20 USC 236 et seq. 20 USC 631 et seq. 20 USC 1221. 20 USC 241aa. 92 Stat. 2313, 2365, 2373. 94 Stat. 1502. 20 USC 1201 note. 20 USC 2532. 94 Stat. 487. 20 USC 3601 note. 20 USC 2301 note. 42 USC 2000c. 25 USC 351 note. 25 USC 640a. note. 20 USC 1801 note. 20 USC 3341. Postsecondary Student Assistance Amendments of 1981. 20 USC 1001 note.

SEC. 528. Subject to the limitations contained in subtitle A of this title, there are authorized to be appropriated for fiscal years 1982, 1983, and 1984 such sums as may be necessary to carry out each of the following provisions of law: (1) the Act of September 30, 1950 (Public Law 874, 81st Congress); (2) the Act of September 23, 1950 (Public Law 815, 81st Congress); (3) the (General Education Provisions Act; (4) the Indian Education Act; (5) titles XI, XIV, and XV of the Education Amendments of 1978 and part H of title XIII of the Education Amendments of 1980; (6) the Adult Education Act; (7) section 342 of the Education Amendments of 1976; (8) the Asbestos School Hazards Detection and Control Act; (9) the Joint Resolution of October 19, 1972 (86 Stat. 907); (10) the Vocational Education Act of 1963; (11) title IV of the Civil Rights Act of 1964; (12) the Library Services and Construction Act; (13) the Navajo Community College Act and the Tribally Controlled Community College Assistance Act of 1978; and (14) part C of title IX of the Elementary and Secondary Education Act of 1965, relating to Women's Educational Equity.

Subtitle B—Student Assistance Provisions SHORT TITLE

SEC. 531. This subtitle may be cited as the "Postsecondary Student Assistance Amendments of 1981".

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 PUBLIC LAW 97-35—AUG. 13, 1981

95 STAT. 451

ELIGIBILITY FOR SUBSIDIZED LOANS

SEC. 582. (a) Section 428(a)(2) of the Higher Education Act of 1965 (hereafter in this subtitle referred to as the "Act") is amended to read as follows: "(2)(A) Each student qualifying for a portion of an interest payment under paragraph (1) s h ^ — "(i) have provided to the lender a statement from the eligible institution, at which the student has been accepted for enrollment, or at which the student is in attendance, which— "(I) sets forth such student's estimated cost of attendance; and "(II) sets forth such student's estimated financial assistance; and "(ii) meet the requirements of subparagraph (B). "(B) For the purpose of clause (ii) of subparagraph (A), a student shall qualify for a portion of an interest payment under paragraph (1) if the adjusted gross income of such student's family— "(i) is less than or equal to $30,000; or "(ii) is greater than $30,000, and the eligible institution has provided the lender with a statement evidencing a determination of need for a loan and the amount of such need, subject to the provisions of subparagraph (F). "(C) For the purpose of paragraph (1) and this paragraph— "(i) a student's estimated cost of attendance means, for the period for which the loan is sought, the tuition and fees applicable to such student together with the institution's estimate of other expenses regisonably related to attendance at such institution, including, but not limited to, the cost of room and board, reasonable transportation costs, and costs for books and supplies; "(ii) a student's estimated financial assistance means, for the period for which the loan is sought, the amount of assistance such student will receive under subparts 1 and 2 of part A, and parts C and E of this title, 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 any amount paid the student under chapters 32,34, and 35 of title 38, United States Code, plus other scholarship, grant, or loan assistance; and "(iii) the determination of need and of the amount of a loan by an eligible institution under subparagraph (B)(ii) with respect to a student shall be calculated by subtracting from the estimated cost of attendance at the eligible institution the total of the expected family contribution with respect to such student plus any estimated financial assistance reasonably available to such student. "(D) The Secretary shall submit a separate schedule of expected family contributions to the President of the Senate and the Speaker of the House of Representatives not later than the submission of, and in accordance with the procedures for, the proposed schedule of expected family contributions under section 482, except as provided in subparagraph (E). "(E)(i) The initial separate schedule required by subparagraph (D) shall— "(I) be submitted not later than August 15, 1981; "(II) be effective on October 1, 1981, except as is otherwise provided in division (ii);

20 USC 1078.

20 USC 1070a, 1070b; 42 USC 2751; 20 USC 1087aa. 42 USC 1305. 38 USC 1601 et seq., 1651 et seq., 1700 et seq.

Schedule of expected family contributions. 94 Stat. 1445. 20 USC 1089.

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 95 STAT. 452 94 Stat. 1445. 20 USC 1089. 20 USC 1232.

Congressional disapproval.

20 USC 1070a, 1070b-l.

20 USC 1078.

Repeal. 20 USC 1087-3a, 1078 note. 20 USC 1001 note. 20 USC 1071.

94 Stat. 1424. 20 USC 1078-2.

94 Stat. 1425. 20 USC 1087-1.

94 Stat. 1430. 20 USC 1087-2.

PUBLIC LAW 97-35—AUG. 13, 1981 "(Ill) not be the subject of public comment otherwise required by section 482(a)(1) of this Act or section 431 of the General Education Provisions Act; and "(IV) be subject to amendment prior to the next regular submission of a separate schedule as required by subparagraph (D) only in accordance with division (iv) of this subparagraph. "(ii) If either the Senate or the House of Representatives adopts, prior to October 1, 1981, a resolution of disapproval of the schedule submitted under division (i), such schedule shall not take effect. If such schedule is so disapproved, or if the Secretary does not submit such a schedule by August 15, 1981, then beginning on October 1, 1981, the expected family contribution for purposes of this paragraph shall be determined by the eligible institution in accordance with regulations promulgated under section 411 or 413B, as in effect for the period beginning on July 1, 1981, governing the determination of expected family contribution. (iii) The method of determining the expected family contribution established under this subparagraph shall remain in effect until superseded by the taking effect of the next schedule submitted in accordance with subparagraph (D) or amended in accordance with division (iv) of this subparagraph. "(iv) Any amendment promulgated by the Secretary to the initial separate schedule established under this subparagraph shall be transmitted 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 House of Representatives adopts, within 30 legislative days following the publication of such amendment, a resolution of disapproval of such amendment, such amendment shall not take effect. "(F) For the purpose of a student described in clause (ii) of subparagraph (B), the amount of the loan which is qualified for a payment under paragraph (1) is the amount of the need of such student as determined by the eligible institution, except that, if the amount of need is equal to or more than $500, but is less than $1,000, the amount of the loan which is qualified for such payment shall be $1,000.". (b)(1) Section 42803)(l)(A)(i) of the Act is amended by striking out "section 428(a)(2)(B)(i)" and inserting in lieu thereof "section 428(a)(2)(C)(i)". (2) Section 439B of the Act is repealed. Nothing in this paragraph or in any other provision of this title, or in any provision of the Higher Education Act of 1965 as amended by this title, shall be construed to permit any analysis of need for the purposes of loans under part B of title IV of such Act other than that expressly required by section 428(a)(2) of such Act as amended by this section or to require a student seeking to qualify under section 428(a)(2)(B)(i) to prove any element of need other than compliance with the adjusted gross income amount specified in such section. (3) Section 428B03)(3) of the Act is amended by striking out "No" and inserting in lieu thereof "Any loan under this section may be counted as part of the student's expected family contribution in the determination of need under this title, but no". (4) Section 438G3)(5) of the Act is amended to read as follows: "(5) As used in this section, the term 'eligible loan' means a loan— "(A)(i) on which a portion of the interest is paid on behalf of the student and for his account to the holder of the loan under section 428(a); "(ii) which is made under section 428B or 439(o); or

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 PUBLIC LAW 97-35—AUG. 13, 1981

95 STAT. 453

"(iii) which was made prior to October 1, 1981; and "(B) which is insured under this part, or made under a program covered by an agreement under section 428(b) of this Act.". 20 USC 1078. NEED ANALYSIS AMENDMENTS

SEC. 533. (a)(1) Section 482(a)(1) of the Act is amended by striking out everything after the comma following the words "family income, which," and inserting in lieu thereof the following: "together with any amendments published in the Federal Register, no later than September 1, 1981, June 1, 1982, and June 1 of each succeeding year, shall become effective July 1 of the calendar year which succeeds such calendar year, except as is otherwise provided in paragraph (2). During the thirty-day period following publication of a schedule 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) Section 482(a)(2) of the Act is amended to read as follows: "(2) The schedule of expected family contributions required for each academic year, including any amendments thereto published pursuant to paragraph (1), shall be transmitted 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 House of Representatives adopts, prior to October 15, 1981, July 15, 1982, or July 15 of any succeeding year, following the submission of such schedule and any amendments thereto as required by this paragraph, a resolution of disapproval of such schedule or amendments, 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 first sentence of section 431(d)(1) of the General Education Provisions Act is amended by inserting after "final regulation" the first time it appears the following: "(except expected family contribution schedules and any amendments thereto promulgated pursuant to sections 428(a)(2)(D) and (E) and 482(a)(1) and (2) of the Higher Education Act of 1965)". (b) Section 482(b)(4) of the Act is amended to read as follows: "(4) In determining the expected family contribution under this section for any academic year after academic year 1981-1982, the Secretary shall establish a series of assessment rates to be applied to parental discretionary income.".

94 Stat. 1445. 20 USC 1089.

New or revised schedules, congressional disapproval. Publication in Federal Register.

Publication in Federal Register.

20 USC 1232.

Ante, p. 451. 94 Stat. 1445. 20 USC 1089.

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 95 STAT. 454

PUBLIC LAW 97-35—AUG. 13, 1981 AUXILIARY PROGRAM

94 Stet. 1419. 20 USC 1077a.

SEC. 534. (a)(1) Section 427A of the Act is amended by redesignating subsection (c) as subsection (d) and by inserting after subsection (b) the following: ''(c)(1) Except as otherwise provided in this subsection, the applica9ft ^ Q- ^ftls 9 ^^® ^^*® of interest on loans made pursuant to section 428B on or after Tr 20 USC 1078-2. October 1, 1981, shall be 14 per centum per anniun on the unpaid principal balance of the loan. ''(2) If for any twelve-month period beginning on or after October 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 14 per centum, the applicable rate of i n t e r s for loans made pursuant to section 428B on and after the first day of the first month beginning after the date of publication of such determination shall be 12 per centum per annum on the unpaid principal balance of the loan. "(3) If for any twelve-month period beginning on or after the date of publication of a determination under paragraph (2), 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 exceeds 14 per centum, the applicable rate of interest for loans made pursuant to section 428B on and after the first day of the first month beginning after the date of publication of that determination under this paragraph shall be 14 per centum per annum on the unpaid principal balance of the loan.. (2) Section 428B(c)(3) is amended by striking out everything after ''unpaid principal balance of the loan," and inserting in lieu thereof the following: "except as otherwise required by section 427A(c).". ?ft i^h Iftll 1 ^0 ubL io«7-i. (J) jjy striking out subparagraphs (A), (B), and (C) and inserting in lieu thereof the following: "(2)(A) Subject to subparagraph (B) and paragraph (4), the special allowance paid pursuant to this subsection on loans shall be computed (i) by determining the average of the bond equivalent rates of ninety-one-day Treasury bills auctioned for such three month period, (ii) by subtracting the applicable interest rate on such loans from such average, (iii) by ad(ung 3.5 per centum to the resultant per centum, and (iv) by dividing the resultant per centum by four."; (2) by redesignating subparagraph (D) as subparagraph (B); and (3) by striking out "subparagraph (A), (B), or (C)" in subparagraph (B) (as so redesignated) and inserting in lieu thereof subparagraph (A)". (c)(1) Section 428B(a) of the Act is amended by inserting "(1)" after "(a)" and by adding at the end thereof the following new paragraph: "(2) Graduate or professional students (as defined by regulations of the Secretary) and independent undergraduate students (as defined 94 Stat. 1445. in section 482(c)(2)) shall be eligible to borrow funds under this section 20 USC 1089. ijj amounts specified in subsection (b) (treating graduate and professional students as parents for the purposes of such subsection), 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.". Oft ^^h lanro (2) Section 428B(b) of the Act is amended by adding at the end ^^ use 1078-2. thereof the following new paragraph:
 * ) Section 438(b)(2) of the Act is amended—

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 PUBLIC LAW 97-35—AUG. 13, 1981

95 STAT. 455

"(4)(A) Subject to subparagraph (B) of this paragraph, the maximum amount an independent undergraduate student may borrow under this section in any academic year or its equivalent (as defined by regulation by the Secretary) is equal to (i) $2,500, minus (ii) the amount of all other loans under this part to such student for such academic year or its equivalent. "(B) The aggregate insured unpaid principal amount for insured loans made to an independent undergraduate student under this part (including loans made under this section) shall not exceed $12,500.". (3) The heading of section 428B of the Act is amended to read as follows: "AUXILIARY LOANS TO ASSIST STUDENTS". INDEPENDENT STUDENT LOAN LIMITATIONS

SEC. 535. (a) Section 425(a)(1) of the Act is amended— (1) by striking out clause (A) and by redesignating clauses (B), (C), and (D) as clauses (A), (B), and (C), respectively; and (2) by striking out "clause (C)" in the last sentence of such section and inserting in lieu thereof "clause (B)". (b) Section 425(a)(2) of the Act is amended— (1) by striking out "(other than an independent student)"; and (2) by striking out "$15,000 in the case of any independent student who has not successfully completed a program of undergraduate education,". (c) The matter preceding subdivision (i) of section 428(b)(1)(A) of the Act is amended— (1) by striking out "(other than an independent student)"; and (2) by striking out "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— (1) by striking out "(other than an independent student)"; and (2) by striking out "$15,000 in the case of any independent student who has not successfully completed a program of undergraduate education,". (e) Section 428 A of the Act is amended— (1) by striking out ", other than an independent student," in subsection (a)(1)(A) and in subsection (a)(2)(A); (2) by striking out "$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)," in each such subsection; (3) by striking out "(other than an independent student)" in each such subsection; and (4) by striking out "$15,000 in the case of any independent student who has not successfully completed a program of undergraduate education," in each such subsection.

94 Stat. 1416. ^^ ^SC 1075.

Ante, p. 452.

94 Stat. 1445. ^^ USC 1089.

94 Stat. 1416, 1417. 20 USC 1078-1.

ORIGINATION FEES

SEC. 536. (a) Section 438 of the Act is amended by redesignating 94 Stat. 1425. subsection (c) as subsection (d) and by inserting after subsection (b) ^0 USC 1087-1. the following new subsection: "(c)(1) Notwithstanding subsection (b), the total amount of interest and special allowance payable under section 428(a)(3)(A) and subsec- 20 USC 1078.

9-194 0—82

31: QL3

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Page:United States Statutes at Large Volume 95.djvu/482

 95 STAT. 456

20 USC 1078.

94 Stat. 1424, 20^TJsr 078-2 1087-2 Ante, p. 450.

94 Stat. 1419. 20 USC 1077a.

15 USC 1640. 15 USC 1607. 20 USC 1078. Ante, p. 455.

PUBLIC LAW 97-35—AUG. 13, 1981 tion (b) of this section, respectively, to any holder shall be reduced by the Secretary by the amount which the lender is authorized to charge as an origination fee in accordance with paragraph (2) of this subsection. If the total amount of interest and special allowance payable under section 428(a)(3)(A) and subsection (b) of this section, respectively, is less than the amount the lender was authorized to charge borrowers for origination fees in that quarter, the Secretary shall deduct the excess amount from the subsequent quarters' payments until the total amount has been deducted. "(2) With respect to any loan (other than loans made under section 428B and section 439(o)) for which a completed note or other written evidence of the loan was sent or delivered to the borrower for signing ®^ °^ after 10 days after the date of enactment of the Postsecondary Student Assistance Amendments of 1981, each eligible lender under this part is authorized to charge the borrower an origination fee in an amount not to exceed 5 per centum of the principal amount of the loan, which may be deducted from the proceeds of the loan prior to payment to the borrower. "(3) Such origination fee shall not be taken into account for purposes of determining compliance with section 427A. «(4) "pj^g lender shall disclose to the borrower the amount and method of calculating the origination fee. For any loan for which the lender is authorized to charge an origination fee and which is made prior to August 1, 1982— "(A) this disclosure need not meet the requirements of the Truth in Lending Act (15 U.S.C. 1601 et seq.) or the disclosure requirements of any State law; "(B) for purposes of such Act, a lender may disclose either in the note or other written evidence of the loan or in a supplementary letter (which need not be signed by the borrower); "(C) for purposes of such Act, the origination fee shall not be taken into account in calculating and disclosing the annual percentage rate; and "(D) a lender or an assignee shall not incur civil liability under section 130 of such Act nor be subject to any administrative enforcement action pursuant to section 108 of such Act for disclosures in connection with such loans.". (b) Section 428(a)(3)(A) of the Act is amended by inserting "and subject to section 438(c)" after "Except as provided in paragraph (8)". ADMINISTRATIVE SAVINGS; TECHNICAL AMENDMENTS

O fjih }^BA 20 USC 1096. 20 USC 1077. 20 USC 1078.

SEC. 537. (a)(1) Section 428(e) of the Act is repealed. (2) The first sentence of section 489(a) of the Act is amended by striking out "$10" and inserting in lieu thereof "$5". (b)(1) Section 427(c) of the Act is amended by striking out "$360" each place it appears and inserting in lieu thereof "$600". (2) Section 428(b)(l)(L) of the Act is amended by striking out "$360" each place it appears and inserting in lieu thereof "$600". (c) Section 428(c) of the Act is amended— (1) in paragraph (2)(D), by striking out "but shall not otherwise provide for subrogation of the United States to rights of any insurance beneficiary" and inserting in lieu thereof "but shall provide for subrogation of the United States to the rights of any insurance beneficiary only to the extent required for purposes of paragraph (8)"; and (2) by adding at the end thereof the following new paragraph:

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95 STAT. 457

"(8) If the Secretary determines that the protection of the Federal fiscal interest so requires, a State or nonprofit private institution or organization with which the Secretary has an agreement under subsection (b) shall assign to the Secretary any loan of which it is the holder and for which the Secretary has made a payment pursuant to paragraph (1) of this subsection.". (d)(1) The matter following section 428(b)(l)(M)(viii) of the Act is 20 USC 1078. amended by striking out", 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. (2) Section 427(a)(2)(C) of the Act is amended— 20 USC 1077. (A) by striking out "that any such period" and inserting in lieu thereof "and that any such period"; and (B) by striking out", and that no repayment of principal of any loan for a 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)(1) Section 427(a)(2)(B) of the Act is amended by striking out "not earlier than". (2) Section 428(b)(l)(E) of the Act is amended by striking out "not earlier than". AMENDMENTS CONCERNING THE STUDENT LOAN MARKETING ASSOCIATION

SEC. 538. (a) Section 439(a) of the Act is amended by striking out 20 USC 1087-2. "insured" wherever it appears, and by inserting after "student ^" ^°^ ^""^• loans," the first time it appears the following: "including loans which are insured". (b) Section 439(a) of the Act is further amended by striking out "and" at the end of clause (1), and by striking the period at the end of clause (2) and inserting in lieu thereof the following: "; and (3) to assure nationwide the establishment of adequate loan insurance programs for students, to provide for an additional program of loan insurance to be covered by agreements with the Secretary.". (c) Section 439(d)(1) of the Act is amended to read as follows: "(d)(1) The Association is authorized, subject to the provisions of this section— "(A) pursuant to commitments or otherwise to make advances on the security of, purchase, or repurchase, service, sell or resell, offer participations, or pooled interests or otherwise deal in, at prices and on terms and conditions determined by the Association, student loans which are insured by the Secretary under this part or by a State or nonprofit private institution or organization with which the Secretary has an agreement under section 428(b); "(B) to buy, sell, hold, underwrite, and otherwise deal in obligations, if such obligations are issued, for the purpose of making or purchasing insured loans, by a State or nonprofit private institution or organization which has an agreement with the Secretary under section 428(b) or by an eligible lender in a State described in section 435(g)(l)(D) or (F); "(C) to undertake a program of loan insurance pursuant to agreements with the Secretary under sections 428 and 428(A), and except with respect to loans under section 439(o), the Secre-

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Page:The Life of Michael Angelo.djvu/251

 Porto co vostri piedi un pondo adosso, Che de mie zoppi non è lor costume. Volo con le vostr' ale e senza piume. Col vostro ingegno al ciel sempre son mosso. Dal vostro arbitrio son pallido et rosso, Fred do al sol, caldo alle piu fredde brume. Nel voler vostro è sol la voglia mia. I miei pensier nel vostro cor si fanno. Nel vostro fiato son le mie parole. Come luna da se sol par ch'io sia, Che gli ochi nostri in ciel veder non sanno Se non quel tanto che n'accende il sole. (" Poems," cix, 19.)

S'un casto amor, s'una pieta superna, S'una fortuna infra dua amanti equale, S'un' aspra sorte all'un dell' altro cale, S'un spirto, s'un voler duo cor governa, S'un' anima in duo corpi è facta ecterna, Ambo levando al cielo e com pari ale, S'amor d'un colpo e d'un dorato strale Le viscier di duo pecti arda e discierna, S'amar l'un l'altro e nessun se medesmo D'un gusto e d'un dilecto a tal mercede, C a un fin voglia l'uno e l'altro porre, Se mille e mill' altri non sarien centesmo A tal nodo d'amore, a tanta fede, — sol l'isdegnio il puo rompere e sciorre? (" Poems," xliv.)


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Page:United States Statutes at Large Volume 95.djvu/484

 95 STAT. 458

20 USC 1087-2.

PUBLIC LAW 97-35—AUG. 13, 1981 tary may enter into an agreement with the Association for such purpose only if the Secretary determines that (i) eligible borrowers are seelong and unable to obtain loans under this part, and (ii) no State or nonprofit private institution or organization having an agreement with the Secretary for a program of loan insurance under this part is capable of or willing to provide a program of loan insurance for such borrowers; and "(D) to undertake any other activity which the Board of Directors of the Association determines to be in furtherance of the programs of insured student loans authorized under this part or will otherwise support the credit needs of students. The Association is further authorized to undertake any activity with regard to student loans which are not insured or guaranteed as provided for in this subsection as it may undertake with regard to insured or guaranteed student loans. Any warehousing advance made on the security of such loans shall be subject to the provisions of paragraph (3) of this subsection to the same extent as a warehousing advance made on the security of insured loans.". (d) Section 439(1) of the Act is amended by adding at the end thereof the following: "The obligations of the Association shall be deemed to be obligations of the United States for purposes of section 3701 of the Revised Statutes (31 U.S.C. 742). For the purpose of the distribution of its property pursuant to section 726 of title 11, United States Code» the Association shall be deemed a person within the meaning of such title.". DIRECT STUDENT LOAN INTEREST RATE

20 USC 1087dd.

SEC. 539. Section 464(c)(l)(D) of the Act is amended by striking out "October 1, 1980," and inserting in lieu thereof "Juty 1, 1981, or 5 per centum in the case of any loan made on or after October 1, 1981,". EFFECTIVE DATES

20 USC 1078 note.

20 USC 1078.

Consolidated Refugee Education Assistance Act. 8 USC 1522 note.

SEC. 540. (a) Except as provided in subsection (b), the amendments made by this subtitle take effect on October 1, 1981. (b)(1) The amendments made by section 532 (other than subsection (b)(4)) shall apply to loans for which the statement required by section 428(a)(2)(A) of the Act is completed by the eligible institution on or after October 1, 1981. (2) The amendments made by section 534(b) shall apply to loans made on or after October 1, 1981. (3) The amendments made by section 536 shall take effect as provided therein. (4) The amendments made by section 538 shall take effect 30 days after the date of enactment of this Act.

Subtitle C—Refugee Education Consolidation SHORT TITLE

SEC. 541. This subtitle may be cited as the "Consolidated Refugee Education Assistance Act". REPEALER

20 USC 239a.

SEC. 542. The following provisions are hereby repealed: (1) Section 4A of the Act of September 30, 1950 (Public Law 81-874).

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95 STAT. 459

(2) Titles I and 11 of the Indochina Refugee Children Assistance Act of 1976. (3) Section 317 of the Adult Education Act.

20 USC 1211b note. 20 USC 1211b.

AMENDMENTS 7 0 TITLE I OF THE REFUGEE EDUCATION ASSISTANCE ACT OF 1980

SEC. 543. (a)(1) Section 101 of the Refugee Education Assistance Act 8 USC 1522 note. of 1980 is amended— (A) by striking out paragraph (1) and by redesignating paragraphs (2) and (3) as paragraphs (1) and (2), respectively; (B) by inserting after paragraph (2) (as so redesignated) the following new paragraph: "(3) The term 'eligible participant' means any alien who— "Eligible "(A) has been admitted into the United States as a refugee participant.' under section 207 of the Immigration and Nationality Act; 8 USC 1157. "(B) has been paroled into the United States as a refugee by the Attorney General pursuant to section 212(d)(5) of such 8 USC 1182. Act; "(C) is an applicant for asylum, or has been granted asylum, in the United States; or "(D) has fled from the alien's country of origin and has, pursuant to an Executive order of the President, been permitted to enter the United States and remain in the United States indefinitely for humanitarian reasons; but only during the 36-month beginning with the first month in which the alien entered the United States (in the case of an alien described in (A), (B), or (D)) or the month in which the alien applied for asylum (in the case of an alien described in subparagraph (C))."; and (C) by striking out paragraph (4) and redesignating paragraph (5) as paragraph (4). (2) For purposes of the Refugee Education Assistance Act of 1980, 8 USC 1522 note. an alien who entered the United States on or after November 1, 1979, and is in the United States with the immigration status of a CubanHaitian entrant (status pending) shall be considered to be an eligible participant (within the meaning of section 101(3) of such Act), but only during the 36-month period beginning with the first month in which the alien entered the United States as such an entrant or otherwise first acquired such status. (b) Section 103(b)(l)(A) of the Refugee Education Assistance Act of 8 USC 1522 note. 1980 is amended by striking out "aggregate of the amounts to which all States are entitled" and inserting in lieu thereof "amount authorized to be appropriated". (c) Section 104 of the Refugee Education Assistance Act of 1980 is 8 USC 1522 note. amended by striking out "1 percent of the amounts which that State educational agency is entitled to receive for that period under this Act" and inserting in lieu thereof "2 percent of the amount which that State educational agency receives for that period under this Act". (d) Title I of the Refugee Education Assistance Act of 1980 is amended by adding at the end thereof the following new section: CONSULTATION WITH OTHER AGENCIES

"SEC. 106. To the extent that may be appropriate to facilitate the determination of the amount of any reductions under sections 201(b)(2), 301(b)(3), and 401(b)(2), the Secretary shall consult with the 8 USC 1522 note.

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 95 STAT. 460

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8 USC 1522 note.

heads of other agencies providing assistance to eligible participants in order to secure information concerning the disbursement of funds for educational puiposes under programs administered by them and provide, wherever feasible, for coordination among those programs and the programs under titles II through IV of this Act.". AMENDMENTS TO TITLE II OF THE REFUGEE EDUCATION ASSISTANCE ACT OF 1980

Grants to State educational agencies. 8 USC 1522 note.

Grant entitlement formula.

20 USC 843.

8 USC 1522 note.

SEC. 544. (a) Section 201 of the Refugee Education Assistance Act is amended— (1) by amending the first sentence of subsection (a)(1) to read as follows: "The Secretary shall, in accordance with the provisions of this title, make grants to State educational agencies for fiscal year 1981, and for each subsequent fiscal year, for the purposes of assisting local educational agencies of that State in providing basic education for eligible participants enrolled in elementary or secondary public schools.; (2) in the second sentence of subsection (a)(D, by striking out "Cuban and Haitian refugee children" and inserting in lieu thereof "eligible participants'*: (3) by amending subsection (b)(1) to read as follows: "Oi>Xl) As soon as possible after the date of the enactment of the Consolidated Refugee Education Assistance Act, the Secretary shall establish a formula (reflecting the availability of the full amount authorized for this title under section 20303)) by which to determine the amount of the grant which each State educational agency is entitled to receive under this title for any fiscal year. The formula established by the Secretary shall take into account the number of years that an eligible participant assisted under this title has resided within the United States and the relative costs, by grade level, of providing education for elementary and secondary school children. On the beisis of the formula the Secretary shall allocate among the State educational agencies, for each fiscal year, the amounts available to carry out this title, subject to such reductions or adjustments as may be required under paragraph (2) or subsection (c). Funds shall be allocated among State educational agencies pursuant to the formula without regard to variations in educational costs among different geographical areas."; (4) by amending the first sentence of subsection 03X2) to read as follows: "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 (other than section 303 of the Elementary and Secondary Education Act of 1965) 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 (A) such amounts are made available for such purposes specifically because of the refugee, parolee, or asylee status of the individuals to be served by such funds, and (B) such amounts are made available to provide assistance to individuals eligible for services under this title."; and (5) in subsection (c), by striking out "Cuban and Haitian refugee children" and inserting in lieu thereof "eligible participants". 0>) Section 202(a) of the Refugee Education Assistance Act of 1980 is amended—

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95 STAT. 461

(1) by amending paragraph (2) to read as follows: "(2) provide assurances that such payments will be distributed among local educational agencies within that State in accordance with the formula established by the Secretary under section 201, subject to any reductions in payments for those local 8 USC 1522 note. educational agencies identified under paragraph (3) to which funds described by section 201(b)(2) are made available for the same purposes under other Federal laws;"; (2) by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively; and (3) by inserting after paragraph (2) the following: "(3) specify the amount of funds described by section 201(b)(2) which are made available under other Federal laws for expenditure within the State for the same purposes as those for which funds are made available under this title and the local educational agencies to which such funds are made available;", (c) Section 203 of the Refugee Education Assistance Act of 1980 is 8 USC 1522 note. amended— (1) by amending the section heading to read as follows: "PAYMENTS AND AUTHORIZATIONS";

(2) by inserting "(a)" after the section designation; and (3) by adding at the end the following new subsection: "(b) For fiscal year 1981 and for each subsequent fiscal year, there is authorized to be appropriated, in the manner specified under section 102, to make payments under this title an amount equal to the 8 USC 1522 note. product of— "(1) the total number of eligible participants enrolled in elementary or secondary public schools under the jurisdiction of local educational agencies within all the States (other than the jurisdictions to which section 103 is applicable) during the fiscal 8 USC 1522 note. year for which the determination is made, multiplied by— "(2) $400.". AMENDMENTS TO TITLE III OF THE REFUGEE EDUCATION ASSISTANCE ACT OF 1980

SEC. 545. (a) The heading of title III of the Refugee Education Assistance Act of 1980 is amended by striking out "REFUGEE". (b) Section 301 of the Refugee Education Assistance Act of 1980 is amended— (1) in subsection (a), by striking out "for each of the fiscal years 1981, 1982, and 1983" and inserting in lieu thereof "for fiscal year 1981, and for each subsequent fiscal year,"; (2) by amending subsection (b)(1) to read as follows: "(b)(1) Except as provided in paragraph (3) of this subsection 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 for any fiscal year shall be equal to the sum of— "(A) the amount equal to the product of (i) the number of eligible participants enrolled during the period for which the determination is made 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 district served by each

Grants to State educational agencies. 8 USC 1522 note.

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PUBLIC LAW 97-35—AUG. 13, 1981

such local educational agency, who have been eligible participants less than one year, multiplied by (ii) $700; "(B) the amount equal to the product of (i) the number of eligible participants enrolled during the period for which the determination is made 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 district served by each such local educational agency, who have been eligible participants at least one year but not more than two years, multiplied by (ii) $500; and "(C) the product of (i) the number of eligible participants enrolled during the period for which the determination is made 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 district served by each such local educational agency, who have been eligible participants more than two years but not more than three years, multiplied by (ii) $300."; (3) in subsection (b)(2), by striking out "Cuban and Haitian refugee children and Indocninese refugee children" and inserting in lieu thereof "eligible participants; (4) in the first sentence of subsection (b)(3), by striking out "Cuban and Haitian refugee children and Indochinese refugee children" and all that follows through the period and inserting in lieu thereof "eligible participants, except that no reduction under this paragraph shall be made for any funds made available to the State under section 303 of the Elementary and Secondary 20 USC 843. Education Act of 1965."; (5) in subsection (b)(5), by striking out "Cuban and Haitian refugee children who meet the requirements of section 101(1)" and inserting in lieu thereof "eligible participants who meet the requirements of section 101(4)"; and (6) in subsection (c), by striking out "Cuban and Haitian refugee children and Indochinese refugee children" and inserting in lieu thereof "eligible participants. 8 USC 1522 note. (b) Section 302 of the Refugee Education Assistance Act of 1980 is amended by striking out "Cuban and Haitian refugee children and Indochinese refugee children" each place it appears and inserting in lieu thereof "eligible participants". 8 USC 1522 note. (c) Section 303(a) of the Refugee Education Assistance Act of 1980 is amended— (1) in paragraph (3), by inserting before the semicolon ", subject to any reductions in payments for local educational agencies identified under paragraph (5) to take into account the funds 8 USC 1522 note. described by section 301(b)(3) that are made available for educational, or education-related, services or activities for eligible participants enrolled in elementary or secondary public schools under the jurisdiction of such agencies or elementary or secondary nonpublic schools within the districts served by such agencies;; (2) by redesignating paragraphs (5) and (6) as paragraphs (6) and (7), respectively; (3) by inserting after paragraph (4) the following: "(5) specify (A) the amount of funds described by section 301(b)(3) that are made available under other Federal laws to agencies or other entities for educational, or education-related, services or activities within the State because of a significant

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95 STAT. 463

concentration of eligible participants, and (B) the local educational agencies within whose districts are eligible participants provided services from such funds who are enrolled in elementary or secondary schools under the jurisdiction of such agencies, or in elementary or secondary nonpublic schools served by such agencies;"; and (4) in paragraph (7), as so redesignated, by striking out "Cuban and Haitian refugee children and Indochinese refugee children" and inserting in lieu thereof "eligible participants". AMENDMENTS TO TITLE IV OF THE REFUGEE EDUCATION ASSISTANCE ACT OF 1980

SEC. 546. (a) Title IV of the Refugee Education Assistance Act of 1980 is amended by striking out "Cuban and Haitian refugee adults" and "Haitian and Cuban refugee adults" each place such terms appear and inserting in lieu thereof "eligible participants". (b)(1) Section 401(a) of the Refugee Education Assistance Act of 1980 is amended by striking out "for each of the fiscal years 1982 and 1983" and inserting in lieu thereof "for fiscal year 1982, and for each subsequent fiscal year". (2) The first sentence of section 401(b)(2) of the Refugee Education Assistance Act of 1980 is amended to read as follows: "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 (other than section 303 of the Elementary and Secondary Education Act of 1965) 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 (A) such amounts are made available for such purposes specifically because of the refugee, parolee, or asylee status of the individuals to be served by such funds, and (B) such amounts are made available to provide assistance to individuals eligible for services under this title.". (c) Section 403(a) of the Refugee Education Assistance Act of 1980 is amended— (1) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; and (2) by inserting after paragraph (1) the following: "(2) specify the amount of reduction required under section 401(b)(2);".

8 USC 1522 note.

8 USC 1522 note.

20 USC 843.

8 USC 1522 note.

EFFECTIVE DATE

SEC. 547. This subtitle shall take effect on October 1, 1981.

Subtitle D—Elementary and Secondary Education Block Grant SEC. 551. This subtitle may be cited as the "Education Consolidation and Improvement Act of 1981".

8 USC 1522 note. Education consolidation and Improvement Act of 1981. 20 USC 3801 note.

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