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98 STAT. 2863

LIFESAVING EQUIPMENT ON PASSENGER FERRIES

SEC. 10. The Secretary of the department in which the Coast Guard is operating shall proceed vigorously with efforts to develop improved lifesaving equipment for use on passenger ferries.

14 USC 92 note.

SAN FRANCISCO VTS

SEC. 11. (a) Of the funds authorized to be appropriated by paragraph (1) of section 2 of this Act, such sums as are necessary shall be used to maintain in full operation the vessel traffic service (VTS) system in San Francisco, California, throughout fiscal years 1985 and 1986. (b) None of the funds authorized to be appropriated by this Act may be used to develop or issue a request for proposals to contract any function or activity involved in operating the vessel traffic service (VTS) system in San Francisco, California, which is, on the date of enactment of this Act, performed by Coast Guard personnel. (c) None of the funds authorized to be appropriated by this Act Study. may be used to hire, train, or otherwise utilize civilian personnel to replace Coast Guard military personnel involved in operating the vessel traffic service (VTS) system in San Francisco, California, until the Coast Guard has conducted a study in accordance with this subsection and has submitted the results of such study to the Congress. Such study shall identify the costs, efficiencies, and benefits, if any, that would accrue to the Federal Government, the Coast Guard, the ports, the Navy, and other users of the vessel traffic service (VTS) system in San Francisco, California, from the use of civilian personnel in that system. LONG RANGE SEARCH AND SURVEILLANCE AIRCRAFT

SEC. 12. (a) Of the amounts authorized to be appropriated by paragraphs (1) and (2) of section 2 of this Act, such sums as are necessary shall be used to procure, maintain, and operate a fleet of not less than twenty-seven long-range search and surveillance aircraft for use by the Coast Guard. (b) The Secretary of the department in which the Coast Guard is operating is encouraged to conduct the research, development, test and evaluation necessary for an electronic surveillance system, capable of producing and documenting images for search and rescue or law enforcement purposes, for the long range search and surveillance aircraft of the Coast Guard. PROTECTION OF SEAMEN

SEC. 13. (a) Chapter 21 of title 46, United States Code, is amended by adding at the end thereof the following: "§ 2114. Protection of seamen against discrimination 46 USC 2114. "(a) An owner, charterer, managing operator, agent, master, or individual in charge of a vessel may not discharge or in any manner discriminate against a seaman because the seaman in good faith has reported or is about to report to the Coast Guard that the seaman believes that a violation of this subtitle, or a regulation issued under this subtitle, has occurred. "(b) A seaman discharged or otherwise discriminated against in violation of this section may bring an action in an appropriate

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district court of the United States. In that action, the court may order any appropriate relief, including— "(1) restraining violations of this section; and "(2) reinstatement to the seaman's former position with back pay.", (b) The analysis of chapter 21 of title 46, United States Code, is amended by adding at the end thereof the following: "2114. Protection of seamen against discrimination.". CONTRACTING FOR SERVICES PERFORMED BY THE COAST GUARD

SEC. 14. (a) The Secretary of the department in which the Coast Guard is operating is encouraged to identify those functions and services presently performed by Coast Guard personnel which are not inherently governmental in nature, and which may be performed with equal effectiveness and at lower cost under contract to the private sector. (b) None of the funds authorized to be appropriated by this Act may be used— (1) to issue any contract that would have the effect, either by itself or in combination with other contracting proposals, of causing a deterioration in the overall ability of the Coast Guard to carry out its missions in behalf of the security, safety, and economic and environmental well-being of the United States; or (2) to issue a request for proposals to contract out any function or activity which is, on the date of enactment of this Act, performed by civilian employees or members of the Coast Guard, unless a period of thirty days in which either the Senate or House of Representatives is in session has expired after the Secretary has submitted in writing to the President of the Senate, the Speaker of the House of Representatives, the Chairman of the Committee on Commerce, Science, and Transportation of the Senate, and the Chairman of the Committee on Merchant Marine and Fisheries of the House of Representatives a full and complete statement (including relevant supporting studies) concerning the proposed contracting and the reasons therefor. (c) Prior to the beginning of fiscal years 1985 and 1986, the Secretary shall submit to the Congress a list of functions or activities for which the Secretary expects to submit notifications required by subsection (b)(2) of this section during that fiscal year. (d) The requirements of subsection (b)(2) of this section do not apply to contracts for functions or activities which are performed by three or fewer Coast Guard personnel. LEGAL EQUITY FOR WOMEN

SEC. 15. (a)(1) Section 371 of title 14, United States Code, is amended— (A) by striking "male" both places it appears in the second sentence of subsection (a); (B) in subsection (c)(D— (i) by striking "he agrees in writing that, upon his" and inserting in lieu thereof "the person agrees in writing that, upon"; and (ii) by striking "he will" and inserting in lieu thereof "the person will"; and

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98 STAT. 2865

(C) by striking "he has the consent of his parent or guardian to his agreement" in subsection (c)(2) and inserting in lieu thereof "the person has the consent of the person's parent or guardian to the agreement". (2) The first sentence of section 487 of such title is amended by 14 USC 487. striking "widows" and inserting in lieu thereof "surviving spouses". (3)(A) The following sections of such title are amended by striking "enlisted man" each place it appears and inserting in lieu thereof "enlisted member": 353, 354, 355, 357, 359, 360, 361, 362, 365, 366, 367, 370, 421, 423, and 424. (B) The following sections of such title are amended by striking "enlisted men" each place it appears and inserting in lieu thereof "enlisted members": 41, 211(a)(2), 212(a)(2), 213(a)(1), 214, 357, 432(c), 478(d), and 480. (C) The following sections of such title are amended by striking "Enlisted men" each place it appears and inserting in lieu thereof "Enlisted members": 41, 352, 367, 478(a), 481, and 482. (D) The following sections of such title are amended by striking "officers and enlisted men" each place it appears and inserting in lieu thereof "members": 920)), 144(a), 145(a)(2), 148, 149, 487, and 832. (E) Section 149 of such title is amended by striking "Officers and enlisted men" and inserting in lieu thereof "Members". (F) Section 351(a) of such title is amended by striking "men" and inserting in lieu thereof "persons". (G) Section 361 of such title is amended by striking "the man" and inserting in lieu thereof "the member". (H) Sections 192 and 483 of such title are amended by striking "commissioned officer, warrant officer, or enlisted man" each place it appears and inserting in lieu thereof "member". (I) Section 488 of such title is amended by striking "officers and men" and inserting in lieu thereof "members". (4)(A)(i) The heading of section 149 of such title is amended to read as follows: "§ 149. Detail of members to assist foreign governments". (ii) The item relating to such section in the analysis of chapter 7 of such title is amended as follows: "149. Detail of members to assist foreign governments.".

(B)(i) The heading of section 360 of such title is amended to read as follows: "§ 360. Recall to active duty with consent of member". (ii) The item relating to such section in the analysis of chapter 11 of such title is amended to read as follows: "360. Recall to active duty with consent of member.".

(C)(i) The heading of section 361 of such title is amended to read as follows: "§ 361. Relief of retired enlisted member promoted while on active duty". (ii) The item relating to such section in the analysis of chapter 11 of such title is amended to read as follows:

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PUBLIC LAW 98-557—OCT. 30, 1984

"361. Relief of retired enlisted member promoted while on active duty.".

14 USC 487.

(D)(i) The heading of section 487 of such title is amended to read as follows: "§ 487. Procurement and sale of stores to members and civilian employees". (ii) The item relating to such section in the analysis of chapter 13 of such title is amended to read as follows: "487. Procurement and sale of stores to members and civilian employees.".

(E)(i) The heading preceding section 350 in such title is amended to read as follows: "ENLISTED MEMBERS" (ii) The heading preceding the item relating to section 350 in the analysis of chapter 11 of such title is amended to read as follows: "ENLISTED MEMBERS" ObXD The first section of the Act of August 19, 1950 (33 U.S.C. 771) is amended— (A) by striking "he" in clause (1) and inserting in lieu thereof "that employee"; (B) by amending clause (2) to read as follows: "(2) the surviving spouse of the former employee was married to the former employee prior to the retirement of the former employee from the Lighthouse Service and has not remarried—"; and (C) by striking "such widow, so long as she" in the material after clause (2) and inserting in lieu thereof "the surviving spouse, so long as the surviving spouse". (2) Section 2 of such Act (33 U.S.C. 772) is amended— (A) by amending clause (2) to read as follows: "(2) the surviving spouse of the employee has not since remarried,"; and (B) by striking "such widow, so long as she" in the material after clause (2) and inserting in lieu thereof "the surviving spouse, so long as the surviving spouse". COASTAL AND INLAND NAVIGATION SAFETY

Mississippi River.

SEC. 16. (a) Subsection (e) of Public Law 96-380 (33 U.S.C. 1231a(e)) is amended by striking "five years from the date of enactment of this Act" and inserting in lieu thereof "on September 30, 1990". (b)(1) Rule 24(i) of the Inland Navigational Rules, enacted by section 2 of the Inland Navigational Rules Act of 1980 (33 U.S.C. 2024(i)), is amended by inserting "(except below the Huey P. Long Bridge on the Mississippi River)" immediately after "Western Rivers". (2) Section 5 of the Inland Navigational Rules Act of 1980 (33 U.S.C. 2073) is amended— (A) by amending the second sentence in subsection (c) to read as follows: "Members of the Council, while away from their home or regular places of business, may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5, United States Code."; and

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98 STAT. 2867

(B) by striking "5 years from the date of enactment of this Act" in subsection (d) and inserting in lieu thereof "on September 30, 1990". (c) Rule 14 of the Inland Navigational Rules, enacted by section 2 of the Inland Navigational Rules Act of 1980 (33 U.S.C. 2014), is amended— (1) in subsection (a), by striking "When" and inserting in lieu thereof "Unless otherwise agreed, when"; and (2) by adding at the end thereof the following: "(d) Notwithstanding paragraph (a) of this Rule, a power-driven Great Lakes, vessel operating on the Great Lakes, Western Rivers, or waters Western Rivers. specified by the Secretary, and proceeding downbound with a following current shall have the right-of-way over an upbound vessel, shall propose the manner of passage, and shall initiate the maneuvering signals prescribed by Rule 34(a)(i), as appropriate.". COAST GUARD MANAGEMENT AND EFFICIENCY

SEC. 17. (a) Section 971(b) of title 10, United States Code, is amended— (1) by striking "and" at the end of clause (1); (2) by striking the period at the end of clause (2) and inserting in lieu thereof "; and"; and (3) by adding at the end thereof the following: "(3) no officer of the Coast Guard may be credited with service as a midshipman at the United States Naval Academy or as a cadet at the United States Military Academy, United States Air Force Academy, or United States Coast Guard Academy.". (b)(1) Section 257 of title 14, United States Code, is amended by adding at the end thereof the following: "(e) An officer whose involuntary retirement or separation is deferred under section 295 of this title is not eligible for consider- Infra. ation for promotion to the next higher grade during the period of that deferment.". (2)(A) Chapter 11 of such title is amended by inserting immediately after section 294 the following: "§ 295. Deferment of retirement or separation for medical reasons 14 USC 295. "(a) Subject to subsection (b), the Secretary may defer the retirement or separation of a commissioned officer, other than a commissioned warrant officer, if the evaluation of the physical condition of the officer and determination of the officer's entitlement to retirement or separation for physical disability require hospitalization, medical observation, or other physical disability processing that cannot be completed before the date on which the officer would otherwise be retired or separated. "(b) A deferment under subsection (a)— "(1) may only be made with the consent of the officer involved; and "(2) if the Secretary receives written notice from the officer withdrawing that consent, shall end not later than the end of the sixty-day period beginning on the date the Secretary receives that notice.". (B) The analysis of such chapter is amended by inserting immediately after the item relating to section 294 the following: "295. Deferment of retirement or separation for medical reasons.".

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 98 STAT. 2868 14 USC 647.

PUBLIC LAW 98-557—OCT. 30, 1984

(3)(A) Section 647 of such title is amended by striking "$25,000" and inserting in lieu thereof "$100,000". 14 USC 647 note. (B) The amendment made by subparagraph (A) of this paragraph shall apply to all claims considered, ascertained, adjusted, determined, compromised or settled on or after the date of enactment of this Act. (4) Section 367 of such title is amended— (A) by striking "(a)" before "Under regulations"; (B) by striking "person detained" and inserting in lieu thereof "member detained"; and (C) by striking "(1) of this subsection" and inserting in lieu thereof "claused)". (c) Section 1114 of title 18, United States Code, is amended by striking "any officer or enlisted man of the Coast Guard," and inserting in lieu thereof "any member of the Coast Guard, any employee of the Coast Guard assigned to perform investigative, inspection or law enforcement functions,". (d) Section 402(d) of title 37, United States Code, is amended by inserting "and the Secretary of Transportation with respect to the Coast Guard when it is not operating as a service in the Navy" immediately after "Secretary of Defense". (e)(1) Subsection (a) of section 3732 of the Revised Statutes of the United States (41 U.S.C. 11) is amended— (A) by striking "except in the War and Navy Departments" and inserting in lieu thereof "except in the Department of Defense and in the Department of Transportation with respect to the Coast Guard when it is not operating as a service in the Navy"; and (B) by striking "or transportation" and inserting in lieu thereof ", transportation, or medical and hospital supplies". (2) Subsection (b) of such section is amended by inserting "and the Secretary of Transportation with respect to the Coast Guard when it is not operating as a service in the Navy" immediately after "The Secretary of Defense". (3) The first proviso under the heading "MEDICAL DEPARTMENT" in the Act entitled "An Act making appropriations for the support of the Army for the fiscal year ending June thirteenth, nineteen 41 USC 11. hundred and seven", approved June 12, 1906 (34 Stat. 255), is repealed. (f)(1) Section 911 of the Military Construction Authorization Act, 1982 (42 U.S.C. 248c) is amended— (A) by striking "and the Secretary of Health and Human Services" each place it appears and inserting in lieu thereof ", the Secretary of Health and Human Services, and the Secretary of Transportation when the Coast Guard is not operating as a service in the Navy"; and (B) by inserting "the Secretary of Transportation when the Coast Guard is not operating as a service in the Navy," immediately before "and the appropriate officials". (2) Section 1252 of the Department of Defense Authorization Act, 97 Stat. 698. 1984 (42 U.S.C. 248d) is amended— (A) by striking "and the Secretary of Health and Human Services" each place it appears and inserting in lieu thereof ", the Secretary of Health and Human Services, and the Secretary of Transportation when the Coast Guard is not operating as a service in the Navy"; and

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98 STAT. 2869

(B) by inserting "and the Secretary of Transportation when the Coast Guard is not operating as a service in the Navy" immediately after "with the Secretary of Health and Human Services" each place it appears. (g)(1) The first section of the Act of March 23, 1906 (33 U.S.C. 491), popularly known as the "Bridge Act of 1906", is amended— (A) by striking "and Chief of Engineers for their approval, nor until they" and inserting in lieu thereof "for the Secretary's approval, nor until the Secretary"; (B) by striking "by the Chief of Engineers and"; (C) by striking "of the Chief of Engineers and"; and (D) by striking "of Transportation" the second and third place it appears. (2) Section 502(b) of the General Bridge Act of 1946 (33 U.S.C. 525(b)) is amended— (A) by striking "the Chief of Engineers and"; and (B) by striking "they" both places it appears and inserting in lieu thereof "the Secretary". REPEAL OF DUPLICATE TANKERMAN MANNING REQUIREMENT

SEC. 18. Section 87030t)) of title 46, United States Code, relating to tankerman manning requirements, is repealed. INCLUSION OF SECRETARY OF TRANSPORTATION IN CERTAIN MEDICAL MATTERS

SEC. 19. Chapter 55 of title 10, United States Code, is amended— (1) in section 1072— (A) by striking all after "by" through "may be," in paragraph (2)(D)(iii) and inserting in lieu thereof "the administering Secretary"; and (B) by adding at the end thereof the following: "(3) 'Administering Secretaries' means the Secretaries of executive departments specified in section 1073 of this title as having responsibility for administering this chapter."; (2) in section 1073, by striking all after "jurisdiction," through "Navy, and" and inserting in lieu thereof "the Secretary of Transportation shall administer this chapter for the Coast Guard when the Coast Guard is not operating as a service in the Navy, and the Secretary of Health and Human Services shall administer this chapter'; (3) in section 1074, by striking "Secretary of Defense and the Secretary of Health and Human Services" each place it appears and inserting in lieu thereof "administering Secretaries"; (4) in section 1074a(a), by striking "Secretary of Defense and 97 Stat. 665. the Secretary of Health and Human Services" and inserting in lieu thereof "administering Secretaries"; (5) in section 1076(b) and (d), by striking "the Secretary of Defense and the Secretary of Health and Human Services" and inserting in lieu thereof "the administering Secretaries"; (6) in section 1078(a) and (b), by striking "the Secretary of Health and Human Services" and inserting in lieu thereof "the other administering Secretaries"; (7) in section 1079— (A) by striking "the Secretary of Defense and the Secretary of Health and Human Services" each place it appears

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 98 STAT. 2870

97 Stat. 648.

97 Stat. 650.

PUBLIC LAW 98-557—OCT. 30, 1984

and inserting in lieu thereof "the administering Secretaries"; and (B) by striking "with the Secretary of Health and Human Services" in subsections (a), (h)(2), and (k) and inserting in lieu thereof "with the other administering Secretaries"; (8) in section 1080, by striking "the Secretary of Health and Human Services" and inserting in lieu thereof "the other administering Secretaries"; (9) in section 1081, by striking "the Secretary of Defense or the Secretary of Health and Human Services" and inserting in lieu thereof "the appropriate administering Secretary"; (10) in section 1083, by striking "the Secretary of Health and Human Services" and inserting in lieu thereof "the other administering Secretaries"; (11) in section 1084— (A) by striking "the Secretary of Defense or the Secretary of Health and Human Services" and inserting in lieu thereof "an administering Secretary"; and (B) by striking "he" and inserting in lieu thereof "the administering Secretary"; (12) by amending the text of section 1085 to read as follows: "If a member or former member of a uniformed service under the jurisdiction of one executive department (or a dependent of such a member or former member) receives inpatient medical or dental care in a facility under the jurisdiction of another executive department, the appropriation for maintaining and operating the facility furnishing the care shall be reimbursed at rates established by the President to reflect the average cost of providing the care."; (13) in section 1086— (A) by striking "the Secretary of Health and Human Services" in subsection (a) and inserting in lieu thereof "the other administering Secretaries"; and (B) by striking "the Secretary of Defense and the Secretary of Health and Human Services" in subsection (e) and inserting in lieu thereof "the administering Secretaries"; and (14) in section 1092(a)(l), by striking "Secretary of Health and Human Services" and inserting in lieu thereof "other administering Secretaries". CUTTER AVAILABILITY

SEC. 20. Throughout fiscal years 1985 and 1986, there shall be available for service at all times on the Atlantic and Gulf Coasts of the United States not less than, in the aggregate, thirty high and medium endurance Coast Guard cutters. COAST GUARD REPRESENTATION ON RESERVE FORCES POLICY BOARD

SEC. 21. Section 17503) of title 10, United States Code, is amended to read as follows: "(b) Whenever the Coast Guard is not operating as a service in the Navy, the Secretary of Transportation may designate two officers of the Coast Guard, Regular or Reserve, to serve as voting members of the Board.".

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STAT. 2871

EXPOSURE SUITS

SEC. 22. (a)(1) Chapter 31 of title 46, United States Code, is amended by adding at the end thereof the following: "§ 3102. Exposure suits 46 USC 3102. "(a) The Secretary shall by regulation require exposure suits on Regulations, vessels designated by the Secretary that operate in the Atlantic Atlantic Ocean. Ocean north of thirty-two degrees North latitude or south of thirtytwo degrees South latitude and in all other waters north of thirtyfive degrees North latitude or south of thirty-five degrees South latitude. The Secretary may not exclude a vessel from designation under this section only because that vessel carries other lifesaving equipment. "(b) The Secretary shall establish standards for an exposure suit required by this section, including standards to guarantee adequate thermal protection, buoyance, and flotation stability. "(c)(1) The owner, charterer, managing operator, agent, master, or individual in charge of a vessel violating this section or a regulation prescribed under this section is liable to the United States Government for a civil penalty of not more than $5,000. The vessel also is liable in rem for the penalty. "(2) The owner, charterer, managing operator, agent, master, or individual in charge of a vessel violating this section or a regulation prescribed under this section may be fined not more than $25,000, imprisoned for not more than 5 years, or both.". (2) The analysis of chapter 31 of title 46, United States Code, is amended by inserting immediately after the item relating to section 3101 the following: "3102. Exposure suits.".

(b) Section 3102 of title 46, United States Code (as added by subsection (a) of this section), does not limit the authority of the Secretary of the department in which the Coast Guard is operating to prescribe regulations requiring exposure suits on vessels not required by section 3102 to have exposure suits. (c) The regulations prescribed under section 3102 of title 46, United States Code (as added by subsection (a) of this section), shall be effective not later than 60 days after the date of enactment of this Act. (d) Not later than six months after the date of enactment of this Act, the Secretary of the department in which the Coast Guard is operating shall submit a report to the Congress evaluating the benefits and disadvantages of extending the regulations prescribed under section 3102 of title 46, United States Code (as added by subsection (a) of this section) to require exposure suits on designated vessels operating in all waters north of thirty-one degrees North latitude or south of thirty-one degrees South latitude.

46 USC 3102 note.

Regulations. Effective date. 46 USC 3102 note.

Report.

VESSEL FIRE RESPONSE CAPABILITY

SEC. 23. (a) The Secretary of the department in which the Coast Guard is operating shall make a grant to the Maritime Fire and Safety Association, a nonprofit organization incorporated in the State of Oregon. Such grant shall be used for a demonstration project to develop a fire response capability for vessels through the acquisition of equipment and supplies and through training of fire

Grants.

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PUBLIC LAW 98-557—OCT. 30, 1984

response personnel. The Secretary shall ensure that funds made avsolable by such grant are used for such purposes. (b) For purposes of subsection (a) of this section, there are authorized to be appropriated not to exceed $349,000 for fiscal year 1985, not to exceed $160,000 for fiscal year 1986, and not to exceed $103,000 for fiscal year 1987. CADET PREAPPOINTMENT TRAVEL EXPENSES

SEC. 24. (a) Chapter 9 of title 14, United States Code, is amended by inserting immediately after section 181 the following: 14 USC 181a.

"§ 181a. Cadet applicants; preappointment travel to Academy "The Secretary is authorized to expend appropriated funds for selective preappointment travel to the Academy for orientation visits of cadet applicants.". 0)) The table of sections at the beginning of such chapter is amended by inserting immediately after the item relating to section 181 the following: "181a. Cadet applicants; preappointment travel to Academy.". COMMODORE AND REAR ADMIRAL RESERVE POSITIONS

SEC. 25. (a)(1) Section 42(b) of title 14, United States Code, is amended by striking ".375" both places it appears and inserting in lieu thereof "0.375". (2) Section 290 of such title is amended by striking "Board" in the fourth sentence and inserting in lieu thereof "Boarck". (3) The table of sections at the beginning of chapter 13 of such title is amended by striking the item relating to section 462a. (4) Section 724 of such title is amended— (A) by inserting "(1)" immediately after "(b)"; (B) by striking the last sentence; and (C) by adding at the end thereof the following: "(2) The authorized number of Reserve Officers in an active status not on active duty in the grades of commodore and rear admiral is a total of two. However, the Secretary of the department in which the Coast Guard is operating may authorize an additional number of Reserve officers not on active duty in the grades of commodore and rear admiral as necessary in order to meet planned mobilization requirements.". a)Xl) The matter in the table in section 201(a) of title 37, United States Code, under the heading "Navy, Coast Guard, and National Oceanic and Atmospheric Administration" and in the columns for 0-8 and 0-7 is amended to read as follows: "Rear admiral "Conunodore".

(2)(A) The heading of section 202 of such title is amended to read as follows: "§ 202. Pay grade: retired Coast Guard commodores". (B) The item relating to section 202 in the table of sections at the beginning of chapter 3 of such title is amended to read as follows: "202. Pay grade: retired Coast Guard commodores.".

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(c) The matter in the table in section 741(a) of title 10, United States Code, under the heading "Navy and Coast Guard" is amended— (1) by striking "Rear admiral (Navy) and Rear admiral (upper half) (Coast Guard)" and inserting in lieu thereof "Rear admiral"; and (2) by striking "Commodore (Navy) and Rear admiral (lower half) (Coast Guard)" and inserting in lieu thereof "Commodore". ASSOCIATE DEPUTY SECRETARY OF TRANSPORTATION

SEC. 26. (a) Section 102 of title 49, United States Code, is amended by redesignating subsection (d) as subsection (e) and inserting immediately after subsection (c) the following: "(d) The Department has an Associate Deputy Secretary appointed by the President, by and with the advice and consent of the Senate. The Associate Deputy Secretary shall carry out powers and duties prescribed by the Secretary.". (b) Section 5316 of title 5, United States Code, is amended by adding at the end thereof the following: "Associate Deputy Secretary, Department of Transportation.". (c) Notwithstanding any other provision of law, until April 15, 49 USC 102 note. 1985, the position created by subsection (a) of this section may be held by a person named by the President alone from among qualified individuals. FLAT RATE PER DIEM TEST

SEC. 28. (a) Before October 1, 1986, the Secretary of the department in which the Coast Guard is operating may test a flat rate per diem allowances system for military travel allowances. (b) Such flat rate per diem allowances shall be an amount determined by the Secretary to be sufficient to meet normal and necessary expenses in the area in which travel is performed, but such allowances may not be more than $75 for each day in the continental United States. (c) The test authorized by this section may not begin before the Committees on Commerce, Science, and Transportation and Armed Services of the Senate and the Committees on Merchant Marine and Fisheries and Armed Services of the House of Representatives are notified of the test. IMPROVEMENTS IN SHIPPING LAWS ADMINISTERED BY THE COAST GUARD

SEC. 29. (a) Section 7101(e)(3) of title 46, United States Code, is amended to read as follows: "(3) has a thorough physical examination each year while holding the license, except that this requirement does not apply to an individual who will serve as a pilot only on a vessel of less than 1,600 gross tons;". (b) Section 8101(g) of title 46, United States Code, is amended by striking "or part B of this subtitle applies" and inserting in lieu thereof "applies or which is subject to inspection under chapter 33 of this title". (c) Section 8301(a) of title 46, United States Code, is amended— (1) by inserting "(except the Great Lakes)" immediately after "lakes'^"; and

97 Stat. 539.

97 Stat. 548.

97 Stat. 550.

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 98 STAT. 2874

97 Stat. 550. 97 Stat. 553.

97 Stat. 539.

97 Stat. 553.

46 USC 8503.

Saint Lawrence Seaway.

PUBLIC LAW 98-557—OCT. 30, 1984

(2) by striking "to which part B of this subtitle applies" and inserting in lieu thereof "subject to inspection under chapter 33 of this title". (d) Section 8301(a)(1) of title 46, United States Code, is amended by inserting "propelled by machinery or carrying passengers" immediately after "vessels". (e) Section 8501(a) of title 46, United States Code, is amended by striking "part" and inserting in lieu thereof "subtitle". (f)(1) Section 8502(a) of title 46, United States Code, is amended to read as follows: "(a) Except as provided in subsection (g) of this section, a coastwise seagoing vessel shall be under the direction and control of a pilot licensed under section 7101 of this title if the vessel is— "(1) not sailing on register; "(2) underway; "(3) not on the high seas; and "(4)(A) propelled by machinery and subject to inspection under Part B of this subtitle; or "(B) subject to inspection under chapter 37 of this title.". (2) Section 8502 of title 46, United States Code, is amended by adding at the end thereof the following: "(g) The Secretary shall designate by regulation the areas of the approaches to and waters of Prince William Sound, Alaska, on which a vessel subject to this section is not required to be under the direction and control of a pilot licensed under section 7101 of this title.". (3)(A) Chapter 85 of title 46, United States Code, is amended by adding at the end thereof the following: "§ 8503. Federal pilots authorized "(a) The Secretary may require a pilot licensed under section 7101 of this title on a self-propelled vessel when a pilot is not required by State law and the vessel is— "(1) engaged in foreign commerce; and "(2) operating on the navigable waters of the United States. "(b) A requirement prescribed under subsection (a) of this section is terminated when the State having jurisdiction over the area involved— "(1) establishes a requirement for a State licensed pilot; and "(2) notifies the Secretary of that fact. "(c) For the Saint Lawrence Seaway, the Secretary may not delegate the authority under this section to an agency except the Saint Lawrence Seaway Development Corporation. "(d) A person violating this section or a regulation prescribed under this section is liable to the United States Government for a civil penalty of not more than $25,000. Each day of a continuing violation is a separate violation. The vessel also is liable in rem for the penalty. "(e) A person that knowingly violates this section or a regulation prescribed under this section shall be fined not more than $50,000, imprisoned for not more than five years, or both.". (B) The analysis of chapter 85 of title 46, United States Code, is amended by inserting immediately after the item relating to section 8502 the following: "8503. Federal pilots authorized.".

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98 STAT. 2875

(g) Section 7 of the Ports and Waterways Safety Act (33 U.S.C. 1226) is repealed. (h) Section 10 of the Ports and Waterways Safety Act (33 U.S.C. 1229) is amended by striking "6, and 7" and inserting in lieu thereof "and 6".

Repeal.

LOGBOOK REQUIREMENT

SEC. 30. Section 11301(a) of title 46, United States Code, is amended to read as follows: "(a) Except a vessel on a voyage from a port in the United States to a port in Canada, a vessel of the United States shall have an official logbook if the vessel is— "(1) on a voyage from a port in the United States to a foreign port; or "(2) of at least 100 gross tons and is on a voyage between a port of the United States on the Atlantic Ocean and on the Pacific Ocean.".

97 Stat. 581.

TRENT RIVER RAILROAD BRIDGE

SEC. 31. Notwithstanding any other provision of law, the Trent River Railroad Bridge, mile 0.0, in New Bern, North Carolina, is deemed an unreasonable obstruction to navigation.

New Bern, N.C.

AMENDMENTS TO THE COASTWISE LOAD UNE ACT

SEC. 32. (a) Section 1(b) of the Act of August 27, 1935 (46 App. U.S.C. 88(b)), popularly known as the "Coastwise Load Line Act, 1935", is amended to read as follows: "(h) This Act does not apply to ^ "(1) a fish tender vessel of not more than 500 gross tons— "(A) constructed, under construction, or contracted to be constructed as a vessel of this type before January 1, 1980; or "(B) converted for use as a vessel of this t)T)e before January 1, 1983; and "(2) a fish processing vessel of not more than 5,000 gross tons, except a vessel constructed after August 15, 1974, or converted for use as a vessel of this type after January 1, 1983.". (b) Section 2 of such Act (46 App. U.S.C. 88a) is amended to read as follows: "SEC. 2. (a) For vessels to which this Act applies, the Secretary of the department in which the Coast Guard is operating shall establish by regulation load lines and marks indicating the maximum depth to which these vessels may be loaded safely. 'Olj) In prescribing regulations under this Act, the Secretary shall consider the age, condition, character, design, and construction of a vessel to which this Act applies, including subdivision and stability characteristics. "(c) This Act applies to the Great Lakes, except that the Secretary may establish special operating regulations for barges operating close to shore between Calumet Harbor, Illinois, and Burns Harbor, Indiana, that exempt these barges from the load line and marking requirements of this section. "(d) The Secretary may not establish on any vessel a load line that is above the actual line of safety.".

Regulations.

Regulations. Calumet Harbor, 111. Burns Harbor, Ind.

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 98 STAT. 2876

PUBLIC LAW 98-557—OCT. 30, 1984

TECHNICAL AMENDMENTS REGARDING COMMERCIAL FISHING INDUSTRY VESSELS

Ante, pp. 445, ^^^-

SEC. 33. (a) Section 4502(b)(3) of title 46, United States Code, is amended by striking "the exemption" and inserting in lieu thereof "this chapter". (b) Section 4503 of title 46, United States Code, is amended by striking "shall be deemed" and inserting in lieu thereof "is deemed". (c) Section 8104(k) and (1) of title 46, United States Code, is amended by striking "may" and inserting in lieu thereof "shall". (d) Section 402(13) of the Act of July 17, 1984 (Public Law 98-364) is amended by striking "Section 10101(a)" and inserting in lieu thereof "Section 10101". SAIUNG SCHOOL VESSELS

46 USC app. 446b.

SEC. 34. (a) Section 2101 of title 46, United States Code, is amended: (1) in clause (21)(B), by inserting "or a sailing school vessel" immediately after "vessel" the first time it appears; and (2) in clause (27), by striking all after "by sail" and inserting in lieu thereof "and may include— "(A) any subject related to that operation and to the sea, including seamanship, navigation, oceanography, other nautical and marine sciences, and maritime history and literature; and "(B) only when in conjunction with a subject referred to in subclause (A) of this clause, instruction in mathematics and language arts skills to sailing school students having learning disabilities.". (b) Section 206 of the Sailing School Vessels Act of 1982 (46 App. U.S.C. 446(b)) is amended by inserting "section 11101(a)-(c) of title 46, United States Code," immediately before "and".

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98 STAT. 2877

COMPENSATION OF COMMANDANT OF THE COAST GUARD

SEC. 35. (a) Footnote 2 of the table entitled "COMMISSIONED OFFICERS" in section 101(b)(1) of the Uniformed Services Pay Act of 1981 (Public Law 97-60; 95 Stat. 990) is amended— 37 USC 1009 (1) by striking "or"; and note. (2) by inserting "or Commandant of the Coast Guard," immediately after "Corps,". (b) The first sentence of footnote 4 of the table in section 1401 of title 10, United States Code, is amended— (1) by striking "or"; and (2) by inserting "or Commandant of the Coast Guard," immediately after "Corps,". (c) The amendments made by this section shall become effective Effective date. on October 1, 1984. 10 USC 1401 note.

Approved October 30, 1984.

LEGISLATIVE HISTORY—S. 2526: SENATE REPORT No. 98-454 (Comm. on Commerce, Science, and Transportation). CONGRESSIONAL RECORD, Vol. 130 (1984): Oct. 5, considered and passed Senate. Oct. 9, considered and passed House.

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 98 STAT. 2878

PUBLIC LAW 98-558—OCT. 30, 1984

Public Law 98-558 98th Congress An Act Oct. 30, 1984 [S. 2565] Human Services Reauthorization Act 42 USC 9801 note. Children and youth. 42 USC 9832.

To extend programs under the Head Start Act, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Human Services Reauthorization Act". TITLE I—HEAD START TECHNICAL AMENDMENT

SEC. lOL Section 637(2) of the Head Start Act is amended by inserting "the Commonwealth o f before "the Northern Mariana Islands". AUTHORIZATION OF APPROPRIATIONS

42 USC 9834.

SEC. 102. Section 639 of the Head Start Act is amended to read as follows: "AUTHORIZATION OF APPROPRIATIONS

"SEC. 639. There are authorized to be appropriated for carrying out the provisions of this subchapter $1,093,030,000 for fiscal year 1985, and $1,221,000,000 for fiscal year 1986.". RESERVATION OF FUNDS FOR TRAINING AND TECHNICAL ASSISTANCE 42 USC 9835.

SEC. 103. (a) Section 640(a)(2)(C) of the Head Start Act is amended by inserting before the semicolon the following: "as described in section 648 of this subchapter, in an amount for each fiscal year which is not less than the amount expended for training and technical assistance activities under this clause for fiscal year 1982". (b) Section 640(a)(2) of the Head Start Act is amended by adding at the end thereof the following new flush sentences: "The minimum reservation contained in clause (C) of this paragraph shall not apply in any fiscal year in which the appropriation for the program authorized by this subchapter is less than the amount appropriated for fiscal year 1984. No funds reserved under this paragraph may be combined with funds appropriated under any other Act if the purpose of combining funds is to make a single discretionary grant or a single discretionary payment, unless such funds appropriated under this subchapter are separately identified in such grant or payment and are used for the purposes of this subchapter.". DESIGNATION OF HEAD START AGENCIES

42 USC 9836.

SEC. 104. (a) Section 641(a) of the Head Start Act is amended by inserting after "agency" the second time it appears ", within a community,". (b) Section 641(c) of the Head Start Act is amended—

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98 STAT. 2879

(1) by striking out ", except that" in the matter preceding clause (1) and inserting in lieu thereof "unless"; (2) by striking out "shall, before giving such priority, determine" in clause (1) and inserting in lieu thereof "makes a finding"; (3) by striking out "meets" in clause (1) and inserting in lieu thereof "fails to meet"; and (4) by inserting "except that" before " i f in clause (2). (c) Section 641 of the Head Start Act is amended by redesignating subsection (d) as subsection (f) and by inserting after subsection (c) the following new subsections: "(d) If there is no Head Start agency as described in subsection (c)(2), and no existing Head Start program serving a community, then the Secretary may designate a Head Start agency from among qualified applicants in such community. Any such designation shall be governed by the program and fiscal requirements, criteria, and standards applicable on September 1, 1983, to then existing Head Start agencies. "(e) The provisions of subsections (c) and (d) shall be applied by the Secretary in the distribution of any additional appropriations made available under this subchapter during any fiscal year as well as to initial designations of Head Start agencies.".

42 USC 9836.

PARTICIPATION IN HEAD START PROGRAMS

SEC. 105. (a) Section 645(a) of the Head Start Act is amended by adding at the end thereof the following: "During the period beginning on the date of the enactment of the Human Services Reauthorization Act and ending on October 1, 1986, and unless specifically authorized in any statute of the United States enacted after such date of enactment, the Secretary may not make any change in the method, as in effect on April 25, 1984, of calculating income used to prescribe eligibility for the participation of persons in the Head Start programs assisted under this subchapter if such change would result in any reduction in, or exclusion from, participation of persons in any of such programs.". (b) Section 645 of the Head Start Act is amended by adding at the end thereof the following new subsection: "(c) Each Head Start program operated in a community may provide more than one year of Head Start services to children from age 3 to the age of compulsory school attendance in the State in which the Head Start program is located.".

42 USC 9840.

TECHNICAL ASSISTANCE AND TRAINING

SEC. 106. Section 648 of the Head Start Act is amended— (1) by striking out "may" and inserting in lieu thereof "shall"; and (2) by inserting before the period at the end thereof a comma and the following: "including a centralized child development training and national assessment program which may be administered at the State or local level leading to recognized credentials for such personnel, and resource access projects for personnel of handicapped children".

42 USC 9843.

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 98 STAT. 2880

PUBLIC LAW 98-558—OCT. 30, 1984 RESEARCH, DEMONSTRATION, AND PILOT PROJECTS

42 USC 9844.

SEC. 107. Section 649 of the Head Start Act is amended by adding at the end thereof the following new subsection: "(c) No funds appropriated under this subchapter may be combined with funds appropriated under any other Act if the purpose of combining funds is to make a single discretionary grant or a single discretionary payment, unless such funds appropriated under this subchapter are separately identified in such grant or payment and are used for the purposes of this title.". EVALUATION

42 USC 9846.

SEC. 108. The second sentence of section 65103) of the Head Start Act is amended to read as follows: "Any revisions in such standards shall not result in the elimination of nor any reduction in the scope or types of health, education, parental involvement, social or other services required to be provided under the standards in effect on November 2, 1978.". STATE GRANTS FOR DEPENDENT CARE PLANNING AND DEVELOPMENT

SEC, 109. Chapter 8 of title VI of the Omnibus Budget Reconciliation Act of 1981, relating to community services programs, is amended by inserting at the end thereof the following new subchapter: "Subchapter D—Grants to States for Planning and Development of Dependent Care Programs and for Other Purposes " AUTHORIZATION O F APPROPRIATIONS

42 USC 9871.

"SEC. 670A. For the purpose of allotments to States to carry out the activities described in section 670D, there are authorized to be appropriated $20,000,000 for each of the fiscal years 1985 and 1986. "ALLOTMENTS

42 USC 9872.

"SEC. 670B. (a) From the amounts appropriated under section 670A for each fiscal year, the Secretary shall allot to each State an amount which bears the same ratio to the total amount appropriated under such section for such fiscal year as the population of the State bears to the population of all States, except that no State may receive less than $50,000 in each fiscal year. "(b) For the purpose of the exception contained in subsection (a), the term 'State' does not include Guam, American Samoa, the Virgin Islands, the Trust Territory of the Pacific Islands, and the Commonwealth of the Northern Mariana Islands. "PAYMENTS UNDER ALLOTMENTS TO STATES

42 USC 9873.

"SEC. 670C. The Secretary shall make payments, as provided by section 6503(a) of title 31, United States Code, to each State from its allotments under section 670B from amounts appropriated under section 670A. "USE OF ALLOTMENTS

42 USC 9874.

"SEC. 670D. (a) Subject to the provisions of subsections (c) and (d), amounts paid to a State under section 670C from its allotment under

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section 670B for fiscal year 1985 and fiscal year 1986 may be used for the planning, development, establishment, expansion, or improvement by the States, directly or by grant or contract with public or private entities, of State and local resource and referral systems to provide information concerning the availability, types, costs, and locations of dependent care services. The information provided by any such system shall include— "(1) the types of dependent care services available, including services provided by individual homes, religious organizations, community organizations, employers, private industry, and public and private institutions; "(2) the costs of available dependent care services; "(3) the locations in which dependent care services are provided; "(4) the forms of transportation available to such locations; "(5) the hours during which such dependent care services are available; "(6) the dependents eligible to enroll for such dependent care services; and "(7) any resource and referral system planned, developed, established, expanded, or improved with amounts paid to a State under this subchapter. In carrying out clause (7) of the previous sentence, no information shall be included with respect to any dependent care services which are not provided in compliance with the laws of the State and localities in which such services are provided. "(b)(1) Subject to the provisions of subsections (c) and (d), amounts paid to a State under section 670C from its allotment under section 670B for fiscal year 1985 and fiscal year 1986 may be used for the planning, development, establishment, expansion, or improvement by the States, directly, or by grant or contract, with public agencies or private nonprofit organizations of programs to furnish school-age child care services before and after school in public or private school facilities or in community centers in communities where school facilities are not available. "(2) The State, with respect to the uses of funds described in paragraph (1) of this subsection shall— "(A) provide assurances, in the case of an applicant that is not a State or local educational agency, that the applicant has or will enter into an agreement with the State or local educational agency, institution of higher education or community center containing provisions for— "(i) the use of facilities for the provision of before or after school child care services (including such use during holidays and vacation periods), '(ii) the restrictions, if any, on the use of such space, and "(iii) the times when the space will be available for the use of the applicant; "(B) provide an estimate of the costs of the establishment of the child care service program in the facilities; "(C) provide assurances that the parents of school-age children will be involved in the development and implementation of the program for which assistance is sought under this Act; "(D) provide assurances that the applicant is able and willing to seek to enroll racially, ethnically, and economically diverse as well as handicapped school-age children in the child care service program for which assistance is sought under this Act;

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PUBLIC LAW 98-558—OCT. 30, 1984

"(E) provide assurances that the child care program is in compliance with State and local licensing laws and regulations governing day care services for school-age children to the extent that such regulations are appropriate to the age group served; and "(F) provide such other assurances as the Governor may reasonably require to carry out the provisions of this Act. "(c) Of the allotment to each State in each fiscal year— "(1) 40 percent shall be available for the activities described in subsection (a); "(2) 60 percent shall be available for the activities described in subsection (b). "(d) A State may not use amounts paid to it under this subchapter to— "(1) pay the costs of operation of any resource and referral system or before or after school child care program established, expanded, or improved under subsection (a); "(2) make cash payments to intended recipients of dependent care services including child care services; "(3) subsidize the direct provision of dependent care services including child care services; "(4) pay for construction or renovation; or "(5) satisfy any requirement for the expenditure of nonFederal funds as a condition for the receipt of Federal funds. "(e)(1) The Federal share of any project supported under this subchapter shall be not more than 75 percent. "(2) Not more than 10 percent of the allotment of each State under this subchapter may be available for the cost of administration. "(f) Projects supported under this section to plan, develop, establish, expand, or improve a State or local resource and referral system or before or after school child care program shall not duplicate any services, which prior to the date of enactment of this subchapter, are provided by the State or locality which will be served by such system. "(g) The Secretary may provide technical assistance to States in planning and operating activities to be carried out under this subchapter. "APPLICATION AND DESCRIPTION OF ACTIVITIES; REQUIREMENTS

42 USC 9875.

"SEC. 670E. (a)(1) In order to receive an allotment under section 670B, each State shall submit an application to the Secretary. Each such application shall be in such form and submitted by such date as the Secretary shall require. "(2) Each application required under paragraph (1) for an allotment under section 670B shall contain assurances that the State will meet the requirements of subsection (b). "(b) As part of the annual application required by subsection (a), the chief executive officer of each State shall— "(1) certify that the State agrees to use the funds allotted to it under section 670B in accordance with the requirements of this subchapter; and "(2) certify that the State agrees that Federal funds made available under section 670C for any period will be so used as to supplement and increase the level of State, local, and other nonFederal funds that would in the absence of such Federal funds

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98 STAT. 2883

be made available for the programs and activities for which funds are provided under that section and will in no event supplant such State, local, and other non-Federal funds. The Secretary may not prescribe for a State the manner of compliance with the requirements of this subsection. "(c) The chief executive officer of a State shall, as part of the application required by subsection (a), also prepare and furnish the Secretary (in accordance with such form as the Secretary shall provide) with a description of the intended use of the payments the State will receive under section 670C, including information on the programs and activities to be supported. The description shall be made public within the State in such manner as to facilitate comment from any person (including any Federal or other public agency) during development of the description and after its transmittal. The description shall be revised (consistent with this section) until September 30, 1987, as may be necessary to reflect substantial changes in the programs and activities assisted by the State under this subchapter, and any revision shall be subject to the requirements of the preceding sentence. "(d) Except where inconsistent with the provisions of this subchapter, the provisions of section 1903(b), paragraphs (1) through (5) of section 1906(a), and sections 1906(b), 1907, 1908, and 1909 of the Public Health Service Act shall apply to this subchapter in the same manner as such provisions apply to part A of title XIX of such Act.

42 USC 300W-2. 42 USC 300W-5300W-8. 42 USC SOOw.

"REPORT

"SEC. 670F. Within three years after the date of enactment of this subchapter, the Secretary shall prepare and transmit to the Senate Committee on Labor and Human Resources and the House.Committee on Education and Labor a report concerning the activities conducted by the States with amounts provided under this subchapter.

42 USC 9876.

"DEFINITIONS

"SEC. 670G. For purposes of this subchapter— "(1) the term 'community center' means facilities operated by nonprofit community-based organizations for the provision of recreational, social, or educational services to the general public; "(2) the term 'dependent' means— "(A) an individual who has not attained the age of 17 years; "(B) an individual who has attained the age of 55 years; or "(C) a person with a developmental disability; "(3) the term 'developmental disability' has the same meaning as in section 102(7) of the Developmental Disabilities Assistance and Bill of Rights Act; "(4) the term 'equipment' has the same meaning given that term by section 198(a)(8) of the Elementary and Secondary Education Act of 1965; "(5) the term 'institution of higher education' has the same meaning given that term under section 1201(a) of the Higher Education Act of 1965;

42 USC 9877.

42 USC 6001. 20 USC 2854. 20 USC 1141.

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 98 STAT. 2884

20 USC 2854.

20 USC 2854.

PUBLIC LAW 98-558—OCT. 30, 1984 "(6) the term 'local educational agency' has the same meaning given that term under section 198(a)(10) of the Elementary and Secondary Education Act of 1965; "(7) the term 'school-age children' means children aged five through thirteen; "(8) the term 'school facilities' means classrooms and related facilities used for the provision of education; "(9) the term 'Secretary' means the Secretary of Health and Human Services; "(10) the term 'State' means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands, the Trust Territory of the Pacific Islands, and the Commonwealth of the Northern Mariana Islands; and "(11) the term 'State educational agency' has the meaning given that term under section 198(a)(17) of the Elementary and Secondary Education Act of 1965.". TITLE II—COMMUNITY SERVICES BLOCK GRANT AUTHORIZATION OF APPROPRIATIONS

42 USC 9901.

SEC. 201. Section 67203) of the Community Services Block Grant Act (hereinafter in this title referred to as the "Act") is amended by adding at the end thereof the following new sentence: "There is authorized to be appropriated $400,000,000 for the fiscal year 1985, and $415,000,000 for the fiscal year 1986, to carry out the provisions of this subtitle.". DEFINITIONS

42 USC 9902. 42 USC 2781.

42 USC 2809. 97 Stat. 871. Supra.

SEC. 202. (a)(1) The second sentence of section 673(1) of the Act is amended to read as follows: "The term 'eligible entity' also includes any limited purpose agency designated under title II of the Economic Opportunity Act of 1964 for fiscal year 1981 which served the general purposes of a community action agency under title II of such Act, unless such designated agency lost its designation under title II of such Act as a result of a failure to comply with the provisions of such Act, any grantee which received financial assistance under section 222(a)(4) of the Economic Opportunity Act of 1964 in fiscal year 1981, and any organization to which a State which applied for and received a waiver from the Secretary under Public Law 98-139 made a grant under this Act in fiscal year 1984.". (2) Section 673(1) of the Act is amended by adding at the end thereof the following two sentences: "In any geographic area of a State not presently served by an eligible entity, the Governor of the State may decide to serve such a new area by— "(A) requesting an existing eligible entity which is located and provides services in an area contiguous to the new area to serve the new area; "(B) if no existing eligible entity is located and provides services in an area contiguous to the new area, requesting the eligible entity located closest to the area to be served or an existing eligible entity serving an area within reasonable proximity of the new area to provide services in the new area; or "(C) where no existing eligible entity requested to serve the new area decides to do so, designating any existing eligible entity, any organization which has a board meeting the require-

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98 STAT. 2885

merits of section 675(c)(3) or any political subdivision of the State to serve the new area. The Governor's designation of an organization which has a board meeting the requirements of section 675(c)(3) or a political subdivision of the State to serve the new area shall qualify such organization as an eligible entity under this Act.'. (b) Section 673(2) of the Act is amended by inserting at the end thereof the following new sentence: "Whenever the State determines that it serves the objectives of the block grant established by this subtitle the State may revise the poverty line to not to exceed 125 percent of the official poverty line otherwise applicable under this paragraph.".

42 USC 9904.

42 USC 9902.

APPLICATIONS AND REQUIREMENTS

SEC. 203. (a)(1) Section 675(c)(2)(A)(i) of the Act is amended by striking "1982 only" and inserting in lieu thereof "1985 and for each subsequent fiscal year". (2) Section 675(c)(2)(A)(i) of the Act is amended by inserting before the semicolon a comma and the following: "except that no more than 7 percent of the funds available for this subclause shall be granted to organizations which were not eligible entities during the previous fiscal year". (3) Section 675(c)(2)(A) of the Act is amended— (A) by striking out "(i)"; and (B) by striking out division (ii). (4) Section 675(c)(2)(B) of the Act is amended by inserting after "than" the following: "the greater of $55,000 or". (5) Section 675(c)(5) of the Act is amended— (A) by striking out "or the energy" and inserting in lieu thereof "the energy", and (B) by inserting ", or the Temporary Emergency Food Assistance Act of 1983' before the semicolon. (b) Section 675 of the Act is amended— (1) by striking out "and" at the end of clause (9); (2) by striking out the period at the end of clause (10) and inserting in lieu thereof a semicolon and the word "and"; and (3) by adding at the end thereof the following new clause: "(11) provide assurances that any community action agency or migrant and seasonal farmworker organization which received funding in the previous fiscal year under this Act will not have its present or future funding terminated under this Act unless after notice, and opportunity for hearing on the record, the State determines that cause existed for such termination subject to review by the Secretary as provided in section 676A.". (c) Section 675 is amended by adding at the end thereof the following new subsection: "(i)(l) For purposes of determining compliance with this subchapter the Secretary shall conduct, in several States in each fiscal year, evaluations of the uses made of funds received under this subchapter by such States. "(2) The results of such evaluations shall be submitted annually to the chairman of the Committee on Education and Labor of the House of Representatives and the chairman of the Committee on Labor and Human Resources of the Senate.". (d) The Act is amended by inserting after section 676 the following new section:

31-194

0 -

86 -

17

 * QL 3

Part3

42 USC 9904.

Post, p. 2286.

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title: Author:Edward Richard Shaw


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 98 STAT. 2886

PUBLIC LAW 98-558—OCT. 30, 1984 TERMINATION OF FUNDING REVIEW

42 USC 9905a.

"SEC. 676A. The Secretary shall upon request review any termination of funding to a community action agency or migrant and seasonal farmworker organization protected by a State's assurance under section 675(c)(ll). Such review shall be conducted promptly and shall be based upon the record and no determination shall become effective until a finding by the Secretary confirming the State's finding of cause.". DISCRETIONARY PROGRAM

42 USC 9910.

SEC. 204. (a)(1) The matter preceding clause (1) of section 681(a) of the Act is amended by striking out "public and other organizations and agencies" both times it appears and inserting in lieu thereof "public agencies and private nonprofit organizations". (2) Section 681(a) of the Act is amended— (A) by striking out "and" at the end of clause (1); (B) by striking out the period at the end of clause (2) and inserting in lieu thereof a semicolon and the word "and"; and (C) by adding at the end thereof the following new clause: "(3) training and technical assistance to aid States in carrying out their responsibilities under this subchapter.", (b) Section 681(a) of the Act is amended by adding at the end thereof the following new flush sentence: "In addition, grants, loans, and guarantees made pursuant to this subsection may be made to a private nonprofit organization applying jointly with a business concern.". WITHHOLDING

42 USC 9908.

SEC. 205. (a) Section 679(b) of the Act is amended— (1) in paragraph (2) by striking out "he" and inserting in lieu thereof the Secretary", and (2) in paragraph (3) by striking out "may" and inserting in lieu thereof "shall". (b) Section 679 of the Act is amended by striking out subsection (d). COMMUNITY FOOD AND NUTRITION PROGRAM

SEC. 206. The Act is amended by inserting after section 681 the following new section: "COMMUNITY FOOD AND NUTRITION 42 USC 9910a.

Appropriation authorization.

"SEC. 681A. (a) The Secretary may through grants to public and private nonprofit agencies, provide for community-beised, local, and statewide programs— "(1) to coordinate existing private and public food assistance resources, whenever such coordination is determined to be inadequate, to better serve low-income populations; "(2) to assist low-income communities to identify potential sponsors of child nutrition programs and to initiate new programs in underserved or unserved areas; and "(3) to develop innovative approaches at the State and local level to meet the nutrition needs of low-income people. "(b) There is authorized to be appropriated $2,500,000 for each of the fiscal years 1985 and 1986 to carry out the provisions of this section.".

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98 STAT. 2887

CONSTRUCTION

SEC. 207. Notwithstanding any other provision of law the provisions of section 675(c)(2) of the Act made by the amendments contained in paragraphs (1), (2), and (3) of section 203 of this Act shall apply to the funds appropriated for the Act for fiscal year 1985.

42 USC 9904 note. Ante, p. 2885.

TITLE III—FOLLOW THROUGH AUTHORIZATION OF APPROPRIATIONS

SEC. 301. Section 663(a)(l) of the Follow Through Act is amended to read as follows: "(1) There is authorized to be appropriated for carrying out the purposes of this subchapter $10,000,000 for the fiscal year 1985 and $7,500,000 for the fiscal year 1986.".

42 USC 9862.

REPEALER

SEC, 302. Section 670 of the Follow Through Act is amended by striking out "1984" and inserting in lieu thereof "1986".

42 USC 9861 note.

TITLE IV—WEATHERIZATION PROGRAM STATE ELECTION OF UHEAP INCOME ELIGIBILTTY LEVEL

SEC. 401. Section 412(7) of the Energy Conservation in Existing Buildings Act of 1976 (42 U.S.C. 6862(7)) is amended by striking out "or" before the beginning of clause (B), by striking out the period at the end of the paragraph and inserting in lieu thereof a comma, and by adding at the end of the paragraph "or (C) if a State elects, is the basis for eligibility for assistance under the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8621), provided that such basis is at least 125 percent of the poverty level determined in accordance with criteria established by the Director of the Office of Management and Budget.". N E W T E C H N O L O G Y A N D E L I M I N A T I O N OF A RULEMAKING REQUIREMENT

SEC. 402. Section 412(9) of the Energy Conservation in Existing Buildings Act of 1976 (42 U.S.C. 6862(9)) is amended by— (1) amending paragraph (B) to read as follows: "(B) furnace efficiency modifications, including, but not limited to— "(i) replacement burners, furnaces, or boilers or any combination thereof; "(ii) devices for minimizing energy loss through heating system, chimney, or venting devices; and '(iii) electrical or mechanical furnace ignition systems which replace standing gas pilot lights;"; and (2) striking out "by rule" in paragraph (G). MAXIMUM EXPENSES

SEC. 403. Section 415 of the Energy (]!onservation in Existing Buildings Act of 1976 (42 U.S.C. 6865) is amended— (1) by striking out the first sentence in subsection (a) and inserting in lieu thereof: "An average of at least forty percent of the funds provided in a State under this part for weatherization

Energy.

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 98 STAT. 2888

PUBLIC LAW 98-558—OCT. 30, 1984

materials, labor, and related matters described in subsection (c) shall be spent for weath'erization materials."; and (2) by amending subsection (c) to read as follows: "(c)(1) The expenditure of financial assistance provided under this part for labor, weatherization materials, and related matters shall not exceed an average of $1,600 per dwelling unit weatherized in that State. Labor, weatherization materials, and related matter includes, but is not limited to— "(A) the appropriate portion of the cost of tools and equipment used to install weatherization materials for a dwelling unit; "(B) the cost of transporting labor, tools, and materials to a dwelling unit; "(C) the cost of having onsite supervisory personnel; and "(D) the cost of making incidental repairs to a dwelling unit if such repairs are necessary to make the installation of weatherization materials effective. "(2) Dwelling units partially weatherized under this part or under other Federal programs during the period September 30, 1975, through September 30, 1979, may receive further financial assistance for weatherization under this part.". PERFORMANCE FUND

42 USC 6865.

SEC. 404. Section 415 of the Energy Conservation in Existing Buildings Act of 1976 (42 U.S.C. 6862) is amended by adding at the end thereof the following new subsection: "(d) Beginning in fiscal year 1986, not less than 5 percent and no more than 15 percent of the amount appropriated under this part for each fiscal year shall be allotted by the Secretary to a performance fund, which shall be available only to provide financial assistance under this part to those States which the Secretary determines to have demonstrated the best performance during the previous fiscal year in providing weatherization assistance. The Secretary shall make such determination on the basis of such information as may be available to the Secretary, to include, but not be limited to, the percentage of eligible dwelling units within the State which have been weatherized using low-income weatherization assistance program funds during the relevant reporting period. In assessing the quality of the weatherization assistance provided, the Secretary shall consider comparable energy savings data supplied by the States.". TITLE V—HIGHER EDUCATION AND RESEARCH PROJECT CENTER FOR EXCELLENCE IN EDUCATION AUTHORIZED

Indiana University.

SEC. 501. (a) The Secretary of Education (hereinafter in this section referred to as the "Secretary") is authorized in accordance with the provisions of this title, to provide financial assistance to Indiana University located in Bloomington, Indiana, to pay the Federal share of the cost of the construction, and related costs, including renovation costs, for the Center for Excellence in Education facility at Indiana University, to be used as a national research and training resource for individuals who intend to become exemplary elementary and secondary school teachers and administrators.

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Author:Samuel Sheldon

Articles in Popular Science Monthly

 * 1.
 * 2.

title: Author:Samuel Sheldon


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98 STAT. 2889

(b)(1) No financial assistance may be made under this title unless an application is made at such time, in such manner, and containing or accompanied by such information as the Secretary may reasonably require. (2) For the purpose of this section, the Federal share of the cost of the Center for Excellence in Education facility at the Indiana University should not exceed 50 percent. (c) There are authorized to be appropriated such sums, not to exceed $6,000,000, as may be necessary to carry out the provisions of this section. Funds appropriated pursuant to this title shall remain available until September 30, 1987.

Appropriation authorization.

RESEARCH CENTERS

SEC. 502. (a)(1) The Secretary of Health and Human Services (hereinafter in this section referred to as the "Secretary") is authorized, in accordance with the provisions of this section, to provide financial assistance to the University of Utah located in Salt Lake City, Utah, to pay the Federal share of the cost of the establishment and operation (including construction, and related costs, including renovation costs) of a center for research on the health effects of nuclear energy and other new energy technologies. (2)(A) No financial assistance may be made under this subsection unless an application is made at such time, in such manner, and containing or accompanied by such information as the Secretary may reasonably require. (B) For the purpose of this subsection, the Federal share of the cost of the center shall not exceed 50 percent. (3) There are authorized to be appropriated such sums, not to exceed $4,000,000, as may be necessary to carry out the provisions of this subsection. Funds appropriated pursuant to this subsection shall remain available until September 30, 1987. (b)(l) The Secretary shall, through the National Cancer Institute, establish or support at least one clinic or health facility for cancer screening and research in St. George, Utah. Such clinic shall be affiliated with a health science center capable of providing clinical, research, and interdisciplinary technical assistance to such clinic or facility, and shall make its services accessible to the preponderance of the residents of the areas that have received the greatest fallout from the Nevada nuclear tests. (2) There are authorized to be appropriated such sums, not to exceed $6,000,000, as may be necessary to carry out the provisions of this subsection. Funds appropriated pursuant to this subsection shall remain available until September 30, 1987.

Health. Energy. University of Utah.

Appropriation authorization.

St. George, Utah, cancer screening center.

Appropriation authorization.

TITLE VI—LOW-INCOME HOME ENERGY ASSISTANCE AUTHORIZATION OF APPROPRIATIONS

SEC. 601. Section 2602(b) of the Low-Income Home Energy Assistance Act of 1981 (hereinafter in this title referred to as the "Act") is amended to read as follows: "(b) There is authorized to be appropriated to carry out the provisions of this title $2,140,000,000 for the fiscal year 1985, and $2,275,000,000 for the fiscal year 1986.".

42 USC 8621.

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 98 STAT. 2890

PUBLIC LAW 98-558—OCT. 30, 1984 DEFINITION

42 USC 8622.

Ante, p. 2885.

SEC. 602. (a) Section 2603(1) of the Act is amended— (1) by striking out "intervention"; and (2) by inserting before the period "and other household energy-related emergencies". (b) Section 2603(4) of the Act is amended to read as follows: "(4) The term 'poverty level' means, with respect to a household in any State, the income poverty line as prescribed and revised at least annually pursuant to section 673(2) of the Community Services Block Grant Act, as applicable to such State.". ENERGY CRISIS INTERVENTION

42 USC 8623.

SEC. 603. (a) Section 2604(c) of the Act is amended— (1) by inserting after "reserved" the following: "until March 15 of each program year"; and (2) by adding at the end thereof the following new sentence: "The program for which funds are reserved by this subsection shall be administered by public or nonprofit entities which have experience in administering energy crisis programs under the Low-Income Energy Assistance Act of 1980, or under this Act, experience in assisting low-income individuals in the area to be served, and the capacity to undertake a timely and effective energy crisis intervention program.". 0)) Section 2604(d)(1) of the Act is amended by striking out "otherwise be paid" and inserting in lieu thereof "otherwise be payable". (c) Section 2604(e) of the Act is repealed. (d) Section 2604(f) of the Act is amended by striking out "its allotment" and inserting in lieu thereof "the funds payable to it". STATE ALLOTMENTS

42 USC 8623.

97 Stat. 871.

SEC. 604. (a) Section 2604(a)(2) is amended to read as follows: "(2) For purposes of paragraph (1), for fiscal year 1985 and thereafter, a State's allotment percentage is the percentage which expenditures for home energy by low-income households in that State bears to such expenditures in all States, except that States which thereby receive the greatest proportional increase in allotments by reason of the application of this paragraph from the amount they received pursuant to Public Law 98-139 shall have their allotments reduced to the extent necessary to ensure that— "(A)(i) no State for fiscal year 1985 shall receive less than the amount of funds the State received in fiscal year 1984; and "(ii) no State for fiscal year 1986 and thereafter shall receive less than the amount of funds the State would have received in fiscal year 1984 if the appropriations for this title for fiscal year 1984 had been $1,975,000,000, and "(B) any State whose allotment percentage out of funds available to States from a total appropriation of $2,250,000,000 would be less than 1 percent, shall not, in any year when total appropriations equal or exceed $2,250,000,000, have its allotment percentage reduced from the percentage it would receive from a total appropriation of $2,140,000,000.". (h) Section 2604(a) is amended by adding at the end thereof the following new paragraph:

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98 STAT. 2891

"(4) For the purpose of this section, the Secretary shall determine the expenditure for home energy by low-income households on the basis of the most recent satisfactory data available to the Secretary.". APPLICATIONS AND REQUIREMENTS

SEC. 605. (a)(1) Section 260503)(1) of the Act is amended by striking out "subsection" and inserting in lieu thereof "section". (2) Subclause (B) of section 260503)(2) of the Act is amended by inserting after the semicolon and flush to the margin of subclause (B) the following: "except that no household may be excluded from eligibility under this subclause for payments under this title for fiscal year 1986 and thereafter if the household has an income which is less than 110 percent of the poverty level for such State for such fiscal year". (3) Section 26050t)X5) is amended by inserting before the semicolon a comma and the following: "except that the State may not differentiate in implementing this section between the households described in clause (2)(A) and (2)(B) of this subsection". (4) Section 2605(b)(7)(C) is amended by striking out "any differently" and inserting in lieu thereof "adversely". (5) Section 26050t)X8) of the Act is amended by inserting after "that" the following: "(A) the State will not exclude households described in clause (2)(B) of this subsection from receiving home energy assistance benefits under clause (2), and (B)". (6) Section 26050t)X9XA) of the Act is amended to read as follows: "(A) the State may use for planning and administering the use of funds under this title an amount not to exceed 10 percent of the funds payable to such State under this title for a fiscal year and not transferred pursuant to section 2604(f) for use under another block grant; and". (7) Section 26050^X10) of the Act is amended by striking out "every year" and inserting in lieu thereof "every two years". (8) Section 26050)) of the Act is amended— (A) by striking out "and" at the end of clause (12); (B) by striking out the period at the end of clause (13) and inserting in lieu thereof a semicolon; and (C) by adding at the end thereof the following new clauses: "(14) describe the procedures by which households in the State are identified as eligible to participate under this title and the manner in which the State determines benefit levels; "(15) describe the amount that the State will reserve in accordance with section 2604(c) in each fiscal year for energy crisis intervention activities together with the administrative procedures (A) for designating an emergency, (B) for determining the assistance to be provided in any such emergency, and (C) for the use of funds reserved under such section for the purposes under this title in the event any portion of the amount so reserved is not expended for emergencies. "(16) describe energy usage and the average cost of home energy in the State, identified by type of fuel and by region of the State; and "(17) cooperate with the Secretary with respect to data collecting and reporting under section 2610.". (9) Section 2605(b) is amended by adding at the end thereof the following new sentence: "The Secretary shall issue regulations to

42 USC 8624.

42 USC 8623.

Ante, p. 2890.

42 USC 8629. Regulations.

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 98 STAT. 2892

42 USC 8624.

Audits.

PUBLIC LAW 98-558—OCT. 30, 1984

?irevent waste, fraud, itle.".

and abuse in the programs assisted by this

(b)(1) Section 2605(c)(1) of the Act is amended to read as follows: "(c)(1) As part of the annual application required in subsection (a), the chief executive officer of each State shall prepare and furnish to the Secretary, in such format as the Secretary may require, a plan which— "(A) describes how the State will carry out the assurances required under subsection (b); "(B) contains estimates of the amount of funds the State will use for each of the programs under such plan; "(C) describes the eligibility requirements to be used by the State for each type of assistance to be provided under this title; "(D) describes weatherization and other energy-related home repair the State will provide under subsection (k); and '(E) contains any other information determined by the Secretary to be appropriate for purposes of this title. The chief executive officer may revise any plan prepared under this paragraph and shall furnish the revised plan to the Secretary.". (2) Section 2605(c)(2) of the Act is amended— (A) by inserting "and each substantial revision thereof after "Each plan prepared under paragraph (1)", and (B) by striking out the period at the end thereof and inserting in lieu thereof "or substantial revision.". (c) Section 2605(d) of the Act is amended to read as follows: "(d) The State shall expend funds in accordance with the State plan under this title or in accordance with revisions applicable to such plan.". (d) Section 2605(e) of the Act is amended to read as follows: "(e) Each State shall, in carrying out the requirements of subsection (b)(10), obtain financial and compliance audits of any funds which the State receives under this title. Such audits shall be made public within the State on a timely basis. The audits shall be conducted at least every two years by an organization or person independent of any agency administering activities under this title. The audits shall be conducted in accordance with the Comptroller General's standards for audit of governmental organizations, programs, activities, and functions. Within 30 days after completion of each audit, the chief executive officer of the State shall submit a copy of the audit to the legislature of the State and to the Secretary.". (e) Section 2605(f) of the Act is amended by inserting before the comma the first time it appears the following: "unless enacted in express limitation of this paragraph". (f) Section 2605(h) of the Act is amended by inserting "Obut not less frequently than every three years)" after "time" the second place it appears. PAYMENTS TO STATES

42 USC 8626.

SEC. 606. (a)(1) The second sentence of section 2607(b)(2)(A) of the Act is amended by inserting "or the amount payable to" after "of. (2) Section 2607(b)(2)(A) of the Act is amended by inserting after the first sentence thereof the following: "Such request shall include a statement of the reasons that the amount allotted to such State for a fiscal year will not be used by such State during such fiscal year and a description of the types of assistance to be provided with the amount held available for the following fiscal year.'.

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98 STAT. 2893

(b)(l)(A) The first sentence of section 2607(b)(2)(B) of the Act is amended by striking out "25 percent" and inserting in lieu thereof "15 percent". (B) The first sentence of section 2607(b)(2)(B) of the Act is further amended by striking out "allotted to such State for such prior fiscal year" and inserting in lieu thereof "payable to such State for such prior fiscal year and not transferred pursuant to section 2604(f)". (2) The second sentence of section 26070t))(2)(B) of the Act is amended by striking out "allotted to a State" and inserting in lieu thereof "payable to a State but not transferred by the State". (c) Section 2607(b)(2) of the Act is amended by adding at the end thereof the following new subparagraph: "(C) The Secretary shall reallot amounts made available under this paragraph for the fiscal year following the fiscal year of the original allotment in accordance with paragraph (1) of this subsection.".

42 USC 8626.

STUDIES

SEC. 607. (a) Section 2610(a)(2) of the Act is amended— (1) by inserting "amount," before "cost"; and (2) by adding at the end thereof the following: "for households eligible for assistance under this title". (b) Section 2610(a) of the Act is amended by— (1) striking out "and" at the end of clause (4); (2) redesignating clause (5) as clause (6); and (3) inserting after clause (4) the following new clause: "(5) the number of households which received such assistance and include one or more individuals who are 60 years or older or handicapped; and". (c) Section 2610(a) of the Act is amended by adding at the end thereof the following new flush sentence: "Nothing in this subsection may be construed to require the Secretary to collect data which has been collected and made available to the Secretary by any other agency of the Federal Government." (d) Section 2610(b) of the Act is amended to read as follows: "(b) The Secretary shall, no later than June 30 of each fiscal year, submit a report to the Congress containing a detailed compilation of the data under subsection (a) with respect to the prior fiscal year.".

42 USC 8629.

Report.

TECHNICAL AMENDMENT

SEC. 608. Section 2608(b)(2) of the Act is amended by striking out "he" and inserting in lieu thereof "the Secretary".

42 USC 8627.

EFFECTIVE DATES

SEC. 609. (a) Except as provided in subsections (b), (c), and (d), the amendments made by this title shall take effect on the date of enactment of this Act. (b) The amendments made by section 605 shall take effect on the first day of the first fiscal year beginning after the date of the enactment of this Act. (c) The amendments made by section 606 shall apply to amounts held available for fiscal years beginning after September 30, 1985. (d) The amendment made by section 607 shall apply to data collected and compiled after the date of the enactment of this Act. Section 2610 of the Act as in effect before the date of the enactment

42 USC 8621 "o^e.

42 USC 8629.

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 98 STAT. 2894 42 USC 8629.

PUBLIC LAW 98-558—OCT. 30, 1984

of this Act shall apply with respect to the report submitted under such section 2610 for fiscal year 1984. TITLE VII—POSTSECONDARY EDUCATION SCHOLARSHIP PROGRAM AMENDMENT TO TITLE V OF THE HIGHER EDUCATION ACT OF 1965

SEC. 701. Title V of the Higher Education Act of 1965 is amended by inserting after part D the following new parts E and F: "PART E—CARL D. PERKINS SCHOLARSHIP PROGRAM "DECLARATION OF PURPOSE; AUTHORIZATION OF APPROPRIATIONS

20 USC iii9d.

"SEC. 561. (a) It is the purpose of this part to make available, through grants to the States, scholarships during fiscal years 1986 through 1990 to a maximum of ten thousand individuals who are outstanding high school graduates and who demonstrate an interest in teaching, in order to enable and encourage those individuals to pursue teaching careers in education at the elementary or secondary level. Such scholarships shall be referred to as 'Carl D. Perkins Scholarships'. "(b) There are authorized to be appropriated $20,000,000 for fiscal year 1986, $21,000,000 for fiscal year 1987, $22,000,000 for fiscal year 1988, and $23,000,000 for fiscal year 1989, for Carl D. Perkins Scholarships to eligible students under this part. "ALLOCATION AMONG STATES

20 USC iii9d-i.

"SEC. 562. (a) From the sums appropriated pursuant to section 561 for any fiscal year, the Secretary shall allocate to any State an amount which bears as nearly as possible the same ratio to such sums as the number of persons in that State bears to the number of persons in all States. "(b) For the purpose of this section, the number of persons in a State and in all States shall be determined by the most recently available data from the United States Census Bureau. "GRANT APPLICATIONS

20 USC iii9d-2.

20 USC 1070c.

"SEC. 563. (a) The Secretary is authorized to make grants to States in accordance with the provisions of this part. In order to receive a grant under this part, a State shall submit an application at such time or times, in such manner, and containing such information as the Secretary may prescribe by regulation. Such application shall set forth a program of activities for carrying out the purposes set forth in section 561(a) in such detail as will enable the Secretary to determine the degree to which such program will accomplish such purposes and such other policies, procedures, and assurances as the Secretary may require by regulation. "(b) The Secretary shall approve an application only if the application— "(1) describes the selection criteria and procedures to be used by the State in the selection of scholarships under this part which satisfy the provisions of this part; "(2) designates the State agency which administers the program under subpart 3 of part A of title IV, relating to State

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98 STAT. 2895

student incentive grants, or the State agency with which the Secretary has an agreement under section 428(b); "(3) describes the outreach effort the State agency intends to use to publicize the availability of Carl D. Perkins Scholarships to high school students in the State; "(4) provides assurances that each recipient eligible under section 565(b) of this part who receives a Carl D. Perkins Scholarship shall enter into an agreement with the State agency under which the recipient shall— "(A) within the ten-year period after completing the postsecondary education for which the Carl D. Perkins Scholarship was awarded, teach, for a period of not less than two years for each year for which assistance was received, in a public elementary or secondary school in any State, in a public education program in any State, or in a private nonprofit school located and serving students in a district eligible for assistance pursuant to chapter 1 of the Education Consolidation and Improvement Act of 1981, or, on a full-time basis, handicapped children or children with limited English proficiency in a private nonprofit school, except that, in the case of individuals who teach in a school serving large numbers or high concentrations of economically disadvantaged students, or who teach children with limited English proficiency or handicapped children, the requirements of this subparagraph shall be reduced by onehalf; "(B) provide the State agency evidence of compliance with section 566 of this part as required by the State agency; and "(C) repay all or part of a Carl D. Perkins Scholarship received under section 564 of this part plus interest and, if applicable, reasonable collection fees, in compliance with regulations issued by the Secretary under section 567 of this part, in the event that the conditions of clause (A) are not complied with, except as provided for in section 568 of this part; "(5) provides that the agreement entered into with recipients shall fully disclose the terms and conditions under which assistance under this part is provided and under which repayment may be required. Such disclosure shall include— "(A) a description of the procedures required to be established under paragraph (6); and "(B) a description of the appeals procedures required to be established under paragraph (7) under which a recipient may appeal a determination of noncompliance with any provision under this part; "(6) provides for procedures under which a recipient of assistance received under this part who teaches for less than the period required under paragraph (4)(A) will have the repayment requirements reduced or eliminated consistent with the provisions of sections 567 and 568 of this part; "(7) provides for appeals procedures under which a recipient may appeal any determination of noncompliance with any provision under this part; "(8) provides assurances that the State agency shall make particular efforts to attract students from low-income backgrounds or who express a willingness or desire to teach in

20 USC 1078.

20 USC 3801.

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 98 STAT. 2896

PUBLIC LAW 98-558—OCT. 30, 1984

schools having less than average academic results or serving large numbers of economically disadvantaged students; and "(9) provides assurances that Carl D. Perkins Scholarships will be awarded without regard to sex, race, handicapping condition, creed, or economic background. "(c) The selection criteria and procedures to be used by the State shall reflect the present and projected teacher needs of the State, including the demand for and supply of elementary teachers in the State, the demand for and supply of secondary teachers in the State, and the demand for teachers with training in specific academic disciplines in the State. "(d) In developing the selection criteria and procedures to be used by the State, the State shall solicit the views of State and local educational agencies, private educational institutions, and other interested parties. Such views— "(1) shall be solicited by means of (A) written comments; and (B) publication of proposed selection criteria and procedures in final form for implementation; and "(2) may be solicited by means of (A) public hearings on the teaching needs of elementary and secondary schools in the State (including the number of new teachers needed, the expected supply of new teachers, and the shortages in the State of teachers with training in specific academic disciplines); or (B) such other methods as the State may determine to be appropriate to gather information on such needs. AMOUNT AND DURATION OF AND RELATION TO OTHER ASSISTANCE

20 USC iii9d-3. Prohibition. 20 USC 1070.

20 USC 1089.

Prohibition.

"SEC. 564. (a) Subject to subsection (c), each Carl D. Perkins Scholar shall receive a $5,000 scholarship for each academic year of postsecondary education for study in preparation to become an elementary or secondary teacher. No individual shall receive scholarship assistance for more than four years of postsecondary education, as determined by the State agency. "(b) Notwithstanding the provisions of title IV of this Act, scholarship funds awarded pursuant to this part shall be considered in determining eligibility for student assistance under title IV of this Act. "(c) Carl D. Perkins Scholarship assistance awarded by the statewide panel established pursuant to section 565 to any individual in any given year, when added to assistance received under title IV of this Act, shall not exceed the cost of attendance, as defined under section 482(d), at the institution the individual is attending. If the amount of the Carl D. Perkins Scholarship assistance and assistance received under title IV of this Act, exceeds the cost of attendance, the Carl D. Perkins Scholarship shall be reduced by an amount equal to the amount by which the combined awards exceed the cost of attendance. "(d) No individual shall receive an award under the Carl D. Perkins Scholarship established under this part, in any academic year, which shall exceed the cost of attendance, as defined under section 482(d), at the institution the individual is attending. "SELECTION O F CARL D. PERKINS SCHOLARS

20 USC lll9d-4.

"SEC. 565. (a) Carl D. Perkins Scholars shall be selected by a sevenmember statewide panel appointed by the chief State elected offi-

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