text:
Page:United States Statutes at Large Volume 97.djvu/1356

 97 STAT. 1324 PUBLIC LAW 98-190—NOV. 30, 1983 Public Law 98-190 98th Congress Nov. 30, 1983 [H.R. 4294] James E. Van Zandt Veterans' Administration Medical Center; Carl Vinson Veterans' Administration Medical Center, designations. An Act To name the Veterans' Administration Medical Center in Altoona, Pennsylvania, the "James E. Van Zandt Veterans' Administration Medical Center", and to name the Veterans' Administration Medical Center in Dublin, Georgia, the "Carl Vinson Veterans' Administration Medical Center". Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That the Veterans' Administration Medical Center in Altoona, Pennsylvania, shall after the date of the enactment of this Act be known and designated as the "James E. Van Zandt Veterans' Administration Medical Center". Any reference to such medical center in any law, regula- tion, map, document, record, or other paper of the United States shall after such date be deemed a reference to the James E. Van Zandt Veterans' Administration Medical Center. SEC. 2. The Veterans' Administration Medical Center in Dublin, Georgia, shall after the date of the enactment of this Act be known and designated as the "Carl Vinson Veterans' Administration Medi- cal Center". Any reference to such medical center in any law, regulation, map, document, record, or other paper of the United States shall after such date be deemed a reference to the Carl Vinson Veterans' Administration Medical Center. Approved November 30, 1983. LEGISLATIVE HISTORY—H.R. 4294: HOUSE REPORT No. 98-481 (Comm. on Veterans' Affairs). CONGRESSIONAL RECORD, Vol. 129 (1983): Nov. 8, considered and passed House. Nov. 18, considered and passed Senate.

�


text:
Page:Dictionary of National Biography volume 62.djvu/324

 seller John Dunton [q. v.] as a hack-writer. In 1691 he translated ‘L'État de la France,’ a list of the nobility and high officials of France, with an account of their privileges and duties, under the title of ‘Galliæ Notitia; or the Present State of France’ (London, 12mo). He also edited for Dunton the ‘Compleat Library; or News for the Ingenious,’ which appeared monthly between May 1692 and April 1694, and ‘took the private minutes’ from which ‘The Secret History of Whitehall’ was composed by David Jones (fl. 1676–1720) [q. v.] The fact that he did not himself write ‘The Secret History’ renders it probable that he died some time before it was published in 1697, perhaps about the date at which the ‘Compleat Library’ ceased to appear. Dunton describes Wolley as ‘an universal scholar,’ and adds that ‘he performed to a nicety’ all the work entrusted to him.

[Information kindly given by the president of Queens' College, Cambridge; Wolley's Works; Dunton's Life and Errors, 1818, i. 163.]

WOLLSTONECRAFT, MARY (1759–1797), miscellaneous writer. [See {{sc|Godwin, Mrs. Mary Wollstonecraft.]

WOLEMAN. [See also {{sc|Woolman}}.]

WOLMAN or WOLEMAN, RICHARD (d. 1537), dean of Wells, is surmised by Cooper (Athenæ Cantabr. i. 63) to have been the son of Richard Wolman, cater to John Howard, duke of Norfolk. There was a family of the name at Alderford, Norfolk ({{sc|Blomefield}}, Norfolk, viii. 184; Index of Wills, ii. 589). In 1478 Richard Wolman was a member of Corpus Christi College, Cambridge. He also studied abroad, being entered in the Oxford register as doctor of the civil law ‘of an university beyond the seas’ ({{sc|Wood}}, Fasti, i. 89). He was principal of St. Paul's Inn, in the university of Cambridge, in 1510, and commenced doctor of canon law in 1512. On 31 Oct. 1514 he was admitted an advocate, and on 9 April 1522 collated to the archdeaconry of Sudbury. In 1524 he became vicar of Walden, Essex, and on 26 July of the same year canon of St. Stephen's, Westminster. He appears to have been resident at court in 1525, and to have been an intermediary with the king, during the absence of Wolsey, in the matter of ecclesiastical preferments. He was made chaplain to the king in 1526, and a master of requests in attendance at the court, an office involving membership of the king's council. On 4 July 1526 he was presented to the living of Amersham, but he continued to reside at court.

On 17 May 1527 Wolsey sat at his house at Westminster to hear the pleadings in the divorce suit. On this occasion Wolman was nominated by the king promoter of the suit. On 5 and 6 April 1527 he took the evidence of Bishop Foxe [see {{sc|Foxe, Richard}}] as to Henry's protest against the marriage with Catherine. On 31 May he brought forward this evidence and adduced arguments against the dispensing power of the pope. During the proceedings Wolman acted as a secret negotiator between the king and Wolsey. His reward was a prebend in St. Paul's Cathedral (25 June) and a third share of the advowson of the first canonry and prebend void in St. Stephen's, Westminster. He is frequently referred to as a canonist of authority by the correspondents of the king and of Wolsey during the divorce proceedings. He was one of twenty-one commissioners to whom Wolsey, on 11 June 1529, delegated the hearing of causes in chancery (Letters and Papers, iv. 5666; {{sc|Rymer}}, Fœdera, xiv. 299). It was presumably in his capacity of member of the king's council that he was one of the signatories of the address to Clement VII in favour of the divorce by ‘the spiritual and temporal lords’ (13 July 1530; ib. xiv. 405; Letters and Papers, iv. 6513). His name appears here under the heading of ‘milites et doctores in parlamento.’

Some time after 29 Aug. 1529 and before 8 Nov. following, when he was elected prolocutor of convocation, Wolman was appointed dean of Wells. In October 1531 he was incorporated at Oxford ({{sc|Wood}}, Fasti, i. 89), having supplicated as long before as 1523 (ib. p. 64). He sat upon the committee of convocation which on 10 April 1532 received the subscription of Latimer (Hugh Latimer) to articles propounded to him. On the following 30 June he was presented by the crown to the rectory of High Hunger (Ongar), Essex. When, in October 1532, Henry VIII had left England for an interview with Francis I at Boulogne, Wolman was acting as one of the council exercising the royal power in London. On 19 March 1533 he was made canon of Windsor ({{sc|Le Neve}}, iii. 392). As dean of Wells he signed the acknowledgment of the royal supremacy on 6 July 1534 ({{sc|Rymer}}, Fœdera, xiv. 496; Letters and Papers, vii. 1024). He evidently cultivated Cromwell's favour and supported the new queen (Anne Boleyn). He signed a declaration, as a doctor of canon law, on the subject of holy orders in 1536. This was put forward in support of the recent religious changes, and bore the signature of Cromwell, as the king's vicegerent, at its

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


text:
Page:United States Statutes at Large Volume 97.djvu/1357

 PUBLIC LAW 98-191—DEC. 1, 1983 97 STAT. 1325 Public Law 98-191 98th Congress An Act To revise the authority and responsibility of the Office of Federal Procurement Policy, to authorize appropriations for the Office of Federal Procurement Policy for an additional four fiscal years, 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 "Office of Federal Procurement PoUcy Act Amend- ments of 1983". REFERENCE SEC. 2. Except as otherwise specifically provided, whenever in this Act a reference is expressed in terms of a section or other provision, the reference shall be considered to be made to a section or other provision, respectively, of the Office of Federal Procurement Policy Act (41 U.S.C. 401 et seq.). DECLARATION OF POLICY SEC. 3. Section 2 (41 U.S.C. 401) is amended to read as follows: Dec. 1, 1983 [H.R. 2293] Office of Federal Procure me nt Policy Act Amendments of 1983 41 USC 401 note. DECLARATION OF POLICY "SEC. 2. It is the policy of the Congress to promote economy, efficiency and effectiveness in the procurement of property and services by the executive branch of the Federal Government by— "(1) promoting full and open competition; "(2) establishing policies, procedures, and practices which will provide the Government with property and services of the requisite quality, within the time needed, at the lowest reason- able cost; "(3) promoting the development of simplified uniform pro- curement processes; "(4) promoting the participation of small business concerns; "(5) supporting the continuing development of a competent, professional work force; "(6) eliminating fraud and waste in the procurement process; "(7) eliminating redundant administrative requirements placed on contractor and Federal procurement officials; "(8) promoting fair dealings and equitable relationships with the private sector; "(9) ensuring that payment is made in a timely manner and only for value received; "(10) requiring, to the extent practicable, the use of commer- cial products to meet the Government's needs; "(11) requiring that personal services are obtained in accord- ance with applicable personnel procedures and not by contract; "(12) ensuring the development of procurement policies that will accommodate emergencies and wartime as well as peace- time requirements; and

�


text:
Page:United States Statutes at Large Volume 97.djvu/1358

 97 STAT. 1326 PUBLIC LAW 98-191—DEC. 1, 1983 "(13) promoting, whenever feasible, the use of specifications which describe needs in terms of functions to be performed or the performance required.". DEFINITIONS SEC. 4. Section 4 (41 U.S.C. 403) is amended to read as follows: " DEFINITIONS "SEC. 3. As used in this Act— "(1) the term 'executive agency* means— "(A) an executive department specified in section 101 of title 5, United States Code; "(B) a military department specified in section 102 of such title; "(C) an independent establishment as defined in section 104(1) of such title; and "(D) a wholly owned Government corporation fully sub- ject to the provisioiis of chapter 91 of title 31, United States 31 USC 9101 et Code; s^Q- "(2) the term 'procurement' includes all stages of the process of acquiring property or services, beginning with the process for determining a need for property or services and ending with contract completion and closeout; "(3) the term 'procurement system' means the integration of the procurement process, the professional development of pro- curement personnel, and the management structure for carry- ing out the procurement function; (4) the term 'single system of Government-wide procurement regulations' means (A) a single Government-wide procurement regulation issued and maintained jointlv by the General Serv- ices Administration, the Department of Defense, and the Na- tional Aeronautics and Space Administration, pursuant to their respective authorities, title IH of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.), 10 USC 2301 et chapter 137 of title 10, United States Code, and the National seq. Aeronautics and Space Act of 1958 (42 U.S.C. 2451 et seq.), and (B) a^ncy acquisition r^ulations implementing and supple- menting the ubvernment-wide procurement r^ulation issued as provided in clause (A), which shall be limited to (i) regula- tions essential to implement Government-wide policies and pro- cedures within the agency and (ii) additional policies and proce- dures required to satisfy the specific and unique needs of the agency; and "(5) the term 'standards' means the criteria for determining the effectiveness of the procurement system by measuring the performance of the various elements of such system.". AUTHORITY AND FUNCTIONS OF THE ADMINISTRATOR SEC. 5. Section 6 (41 U.S.C. 405) is amended to read as follows: "AUTHORFTY AND FUNCTIONS OF THE ADMINISTRATOR "SEC. 6. (a) The Administrator shall provide overall direction of procurement policy and leadership in the development of procure-

�


text:
Page:United States Statutes at Large Volume 97.djvu/1359

 PUBLIC LAW 98-191—DEC. 1, 1983 97 STAT. 1327 ment systems of the executive agencies. To the extent that the Administrator considers appropriate, in carrying out the poUcies and functions set forth in this Act, and with due regard for appli- cable laws and the program activities of the executive agencies, the Administrator may prescribe Government-wide procurement poli- cies which shall be implemented in the single system of Govern- ment-wide procurement regulations and shall be followed by execu- tive agencies in the procurement of— "(1) property other than real property in being; "(2) services, including research and development; and "(3) construction, alteration, repair, or maintenance of real property. "(b) In any instance in which the Administrator determines that the Department of Defense, the National Aeronautics and Space Administration, and the General Services Administration are unable to agree on or fail to issue Government-wide regulations, procedures and forms in a timely manner, the Administrator may, with due regard for applicable laws and the program activities of the executive agencies and consistent with the policies and functions set forth in this Act, prescribe Government-wide regulations, proce- dures and forms which sheill be followed by executive agencies in the procurement of^ "(1) property other than real property in being; "(2) services, including research and development; and "(3) construction, gilteration, repair, or maintenance of real property. "(c) The authority of the Administrator under this Act shall not be construed to— "(1) impair or interfere with the determination by executive agencies of their need for, or their use of, specific property, services, or construction, including particular specifications therefor; or "(2) interfere with the determination by executive agencies of specific actions in the award or administration of procurement contracts. "(d) The functions of the Administrator shall include— "(1) providing leadership and ensuring action by the executive agencies in the establishment, development and maintenance of the single system of simplified Government-wide procurement regulations and resolving differences among the executive agen- cies in the development of simplified Government-wide procure- ment regulations, procedures and forms; "(2) coordinating the development of Government-wide pro- curement system standards that shall be implemented by the executive agencies in their procurement systems; "(3) providing leadership and coordination in the formulation of the executive branch position on legislation relating to pro- curement; "(4) providing for a computer-based Federal Procurement Data System which shall be located in the General Services Administration (acting as executive agent for the Administra- tor) and shall collect, develop, and disseminate procurement data; "(5) providing for a Federal Acquisition Institute which shall be located in the General Services Administration (acting as executive agent for the Administrator) and shall— Regulations, procedures and forms. Federal Procu rement Data System. Federal Acquisition Institute.

�


text:
Page:United States Statutes at Large Volume 97.djvu/1360

 97 STAT. 1328 PUBLIC LAW 98-191—DEC. 1, 1983 Procu rement regulation. 40 USC 471 note. Policies, regulations, procedures, and forms. "(A) foster and promote Government-wide career man- agement programs for a professional procurement work force; and "(B) promote and coordinate Government-wide research and studies to improve the procurement process and the laws, policies, methods, regulations, procedures, and forms relating to procurement by the executive agencies; "(6) establishing criteria and procedures to ensure the effec- tive and timely solicitation of the viewpoints of interested par- ties in the development of procurement policies, regulations, procedures, and forms; "(7) developing standard contract forms and contract lan- guage in order to reduce the Government's cost of procuring property and services and the private sector's cost of doing business with the Government; and "(8) completing action, as appropriate, on the recommenda- tions of the Commission on Government Procurement. "(e) In carrying out the functions set forth in subsection (c), the Administrator— "(1) shall consult with the affected executive agencies, includ- ing the Small Business Administration; (2) may, with the concurrence of the heads of affected execu- tive agencies, designate an executive agency or executive agen- cies to assist in the performance of such functions; and "(3) may establish advisory committees or other interagency groups to assist in providing for the establishment, develop- ment, and maintenance of a single system of simplified Government-wide procurement regulations and to assist in the performance of any of the other functions which the Adminis- trator considers appropriate. "(f) The Director of the Office of Management and Budget may deny the promulgation of or rescind any Government-wide regula- tion or final rule or regulation of any executive agency relating to procurement if the Administrator determines that such rule or regulation is inconsistent with the policies set forth in section 2 or any policies, regulations, or procedures issued pursuant to subsec- tion (a). "(g) Except as otherwise provided by law, no duties, functions, or responsibilities, other than those expressly assigned by this Act, shall be assigned, delegated, or transferred to the Administrator. "(h) Nothing in this Act shall be construed to— "(1) impair or affect the authorities or responsibilities con- ferred by the Federal Property and Administrative Services Act of 1949 with respect to the procurement of automatic data processing and telecommunications equipment and services or of real property; or "(2) limit the current authorities and responsibilities of the Director of the Office of Management and Budget. "(i)(l) With due regard to applicable laws and the program activi- ties of the executive agencies administering Federal programs of grants or assistance, the Administrator may prescribe Government- wide policies, regulations, procedures, and forms which the Adminis- trator considers appropriate and which shall be followed by such executive agencies in providing for the procurement, to the extent required under such programs, of property or services referred to in clauses (1), (2), and (3) of subsection (a) by recipients of Federal grants or assistance under such programs.

�


text:
Page:United States Statutes at Large Volume 97.djvu/1361

 PUBLIC LAW 98-191—DEC. 1, 1983 97 STAT. 1329 "(2) Nothing in paragraph (1) shall be construed to— "(A) permit the Administrator to authorize procurement or supply support, either directly or indirectly, to recipients of Federal grants or assistance; or "(B) authorize any action by such recipients contrary to State and local laws, in the case of programs to provide Federal grants or assistance to States and political subdivisions.". AUTHORIZATION OF APPROPRIATIONS SEC. 6. Section 11 (41 U.S.C. 410) is amended to read as follows: "AUTHORIZATION OF APPROPRIATIONS "SEC. 11. There are authorized to be appropriated to carry out the provisions of this Act, and for no other purpose, $4,500,000 for the fiscal year ending September 30, 1984, and for each of the three succeeding fiscal years.". EXPERIMENTAL PROGRAMS; ADDITIONAL PROCUREMENT RESPONSIBILITIES OF EXECUTIVE AGENCIES SEC. 7. The Office of Federal Procurement Policy Act is further amended by adding at the end thereof the following new sections: " T ESTS OF INNOVATIVE PROCUREMENT METHODS AND PROCEDURES "SEC. 15. (a) The Administrator may develop innovative procure- 4i usc 413. ment methods and procedures to be tested by selected executive agencies. The innovative procurement methods and procedures tested under this subsection shall be consistent with the policies set forth in section 2. In developing any program to test innovative procurement methods and procedures under this subsection, the Administrator shall consult with the heads of executive agencies to— "(1) ascertain the need for and specify the objectives of such program; "(2) develop the guidelines and procedures for carrying out such program and the criteria to be used in measuring the success of such program; "(3) evaluate the potential costs and benefits which may be derived from the innovative procurement methods and proce- dures tested under such program; "(4) select the appropriate executive agencies or components of executive agencies to carry out such program; "(5) specify the categories and types of products or services to be procured under such program; and "(6) develop the methods to be used to analyze the results of such program. A program to test innovative procurement methods and procedures may not be carried out unless approved by the heads of the execu- tive agencies selected to carry out such program. "(b) If the Administrator determines that it is necessary to waive Notification to the application of any provision of law in order to carry out a congressional proposed program to test innovative procurement methods and committees. procedures under subsection (a), the Administrator shall transmit notice of the proposed program to the Committee on Government

�


text:
Page:United States Statutes at Large Volume 97.djvu/1362

 97 STAT. 1330 PUBLIC LAW 98-191—DEC. 1, 1983 Operations of the House of Representatives and the Committee on Governmental Affairs of the Senate and request that such commit- tees take such action as may be necessary to provide that such provision of law does not apply with respect to the proposed pro- gram. The notification to Congress shall include a description of the proposed program (including the scope and purpose of the proposed program), the procedures to be followed in carrying out the proposed program, the provisions of law affected and any provision of law the application of which must be waived in order to carry out the proposed program, and the executive agencies involved in carrying out the proposed program. 41 USC 414. 41 USC 415. eompletion date. Submittal to congressional committees. EXECUTIVE AGENCY RESPONSIBILITIES "SEC. 16. To further achieve effective, efficient, and economic administration of the Federal procurement system, the head of each executive agency shall, in accordance with applicable laws, Govern- ment-wide policies and regulations, and good business practices— "(1) increase the use of effective competition in procurement by the executive agency; "(2) establish clear lines of authority, accountability, and responsibility for procurement decisionmaking within the ex- ecutive agency, including placing the procurement function at a sufficiently high level in the executive agency to provide— "(A) direct access to the head of the major organizational element of the executive agency served; and "(B) comparative equality with organizational counter- parts; "(3) designate a senior procurement executive who shall be responsible for management direction of the procurement system of the executive agency, including implementation of the unique procurement policies, regulations, and standards of the executive agency; and "(4) develop and maintain a procurement career management program in the executive agency to assure an adequate profes- sional work force. "STUDIES AND REPORTS "SEC. 17. (a) The Administrator shall conduct studies and issue a report on the extent of competition in the award of subcontracts by Federal prime contractors including an evaluation of the data avail- able on subcontracts awarded in fiscal year 1982 with respect to (1) the source selection method used in awarding such subcontracts, (2) the type of subcontracts awarded, (3) the dollar value of such subcontracts, (4) the size of the subcontractors which were awarded the subcontract (by number of employees), and (5) the geographical location of such subcontractors. The report shall also include recom- mendations for improvements, if appropriate, in the extent of com- petition in the awarding of subcontracts and in the collection of data on such subcontract awards. "(b) The report required under subsection (a) of this section shall be completed by April 1, 1984, and shall be submitted to the Committee on Governmental Affairs of the Senate and the Commit- tee on Government Operations of the House of Representatives not later than April 15, 1984.".

�


text:
Page:United States Statutes at Large Volume 97.djvu/1363

 PUBLIC LAW 98-191—DEC. 1, 1983 97 STAT. 1331 MISCELLANEOUS AMENDMENTS SEC. 8. (a) Section 8 (41 U.S.C. 407) is amended— (1) in subsection (a)— (A) by striking out "(1)" at the beginning of paragraph (1); and (B) by striking out paragraphs (2), (3), and (4); (2) in subsection (b)— (A) by striking out the first sentence and inserting in lieu thereof "At least 30 days prior to the effective date of any policy or regulation prescribed under section 6(a), the Ad- ministrator shall transmit to the Congress a report on the proposed policy or regulation."; and (B) by inserting "or regulation" after "policy" each place it appears in clauses (1), (2), and (3) in the second sentence of such subsection; and (3) by striking out "any policy" in subsection (c) and inserting in lieu thereof "smy policy or regulation". (b) Section 10 (41 U.S.C. 409) is amended to read as follows: "SEC. 10. Procurement policies, regulations, procedures, or forms in effect on the date of enactment of the Office of Federal Procure- ment Policy Act Amendments of 1983 shall continue in effect, as modified from time to time, until repealed, amended, or superseded by policies, regulations, procedures, or forms promulgated by the Administrator. ". (c) Subsection (a) of section 12 (41 U.S.C. 411) is amended to read as follows: "(a) The Administrator may delegate, and authorize successive redelegations of, any authority, function, or power of the Adminis- trator under this Act (other than the authority to provide overall direction of Federsil procurement policy and to prescribe policies and regulations to carry out such policy), to any other executive agency with the consent of the head of such executive agency or at the direction of the President. ". (d)(l) Sections 201(a)(l), 201(c), and 206(a)(4) of the Federal Prop- erty and Administrative Services Act of 1949 (40 U.S.C. 481(a)(l), 481(c), 487(a)(4)) are each amended by inserting "and regulations" after "subject to policy directives". (2) Section 602(c) of such Act (40 U.S.C. 474) is amended by inserting "except as otherwise provided by the Office of Federal Procurement Policy Act, and" after "any law inconsistent here- with,". SMALL PURCHASES SEC. 9. (a)(1) Section 302(c)(3) of the Federal Property and Ad- ministrative Services Act of 1949 (41 U.S.C. 252(c)(3)) is amended by striking out "$10,000" and inserting in lieu thereof "$25,000". (2) Section 201(a)(l), 201(c), and 206(a)(4) of such Act (40 U.S.C. 481(a)(l), 481(c), 487(a)(4)) are each amended by striking out "subject to policy directives" and inserting in lieu thereof "subject to regulations". (3) Section 602(c) of such Act (40 U.S.C. 474) is amended by inserting "except as otherwise provided by the Office of Federal Procurement Policy Act, and" after "any law inconsistent here- with,". Report to Cong ress Continuing effect. Ante, p. 1325.

�


text:
Page:United States Statutes at Large Volume 97.djvu/1364

 97 STAT. 1332 PUBLIC LAW 98-191—DEC. 1, 1983 (b) Clause (1) of the first sentence of section 3709 of the Revised Statutes (41 U.S.C. 5) is amended by striking out "$10,000" and inserting in lieu thereof "$25,000". (c) The Act entitled "An Act making appropriations for the Legislative Branch for the fiscal year ending June 30, 1966, and for other purposes", approved July 27, 1965 (41 U.S.C. 6a-l), is amended by striking out "$10,000" in the third full unnumbered paragraph under the heading "Office of Architect of the Capitol" and inserting in lieu thereof "$25,000". (d) Clause (3) of the first sentence of section 90t)) of the Tennes- see Valley Authority Act of 1933 (16 U.S.C. 831h(b)) is amended by striking out "$10,000" and inserting in lieu thereof "$25,000". Review. Report to Congress. Review and comment. STUDY OF WEAPON SYSTEMS SPARE PARTS PROCUREMENT BY THE DEPARTMENT OF DEFENSE SEC. 10. (a) Not later than June 1, 1984, the Office of Federal Procurement Policy (hereinafter in this section referred to as the "Office") shall review the procurement practices, regulations, and reform proposals and programs of the Department of Defense relat- ing to the procurement of spare parts for weapon systems and ghall transmit to the Congress a report on the findings, conclusions, and recommendations of the Office relating to such matters. The report shall include (1) an evaluation of the adequacy of the reform propos- als and programs to promote practices and the development of directives which will achieve control of costs, economy, and effi- ciency in the procurement of such spare parts and (2) such recom- mendations for legislation with respect to the procurement of such spare parts as the Office considers appropriate. ObXD The Secretary of Defense shall furnish to the Office such information on the practices, regulations, and reform proposals and programs of the Department of Defense relating to the procurement of spare parts for weapon systems as the Office considers necessary to carry out subsection (a). (2) The Inspector General of the Department of Defense shall furnish to the Office such information on the practices of the Department of Defense in procuring spare parts for weapons sys- tems as the Inspector General acquires during his audits of such practices and the Office considers necessary to carry out subsection (a). (c) The Inspector General of the Department of Defense shall have reasonable opportunity to review and comment on the report re- quired by subsection (a) before the report is transmitted to the Congress. The comments of the Inspector General shall be included in such report. Review. Report to Congress. PROCUREMENT PRACTICES OF THE DEPARTMENT OF DEFENSE AT THE END OF THE FISCAL YEAR SEC. 11. (a)(l) Not later than February 1, 1984, the Office of Federal Procurement Policy (hereinafter in this section referred to as the "Office") shall review the procurement actions of the Depart- ment of Defense during the one-week period ending September 30, 1983, and transmit to the Congress a report on such review as provided in paragraph (2). In carrying out the preceding sentence, the Office shall review the regulations and administrative and

�


text:
Page:United States Statutes at Large Volume 97.djvu/1365

 PUBLIC LAW 98-191—DEC. 1, 1983 97 STAT. 1333 managerial guidelines applicable to procurement actions of the Department of Defense during the final quarter of a fiscal year. (2) The report required by paragraph (1) shall include (A) the number and dollar amount of contracts and purchases which were made by the Department of Defense during the one-week period referred to in paragraph (1), (B) the findings and conclusions of the Office on whether the Department of Defense had a bona fide need for the property or services procured by each such contract and purchase, (C) a list of the contracts and purchases which were made by the Department of Defense during such period without formal advertising, including the dollar amount of each such contract or purchase, (D) a list of the contracts and purchases made by the Department of Defense during such period after soliciting bids or proposals from only one source, including the dollar amount of each such contract and purchase, (E) each justification for making each contract and purchase included in the list under clause (C) or (D) without formal advertising or soliciting bids or proposals from more than one source, (F) the findings and conclusions of the Office on whether any regulation or administrative or managerial guideline reviewed pursuant to paragraph (1) (including the requirements of Office of Federal Procurement Policy letter number 81-1) were violated in making any of the contracts or purchases reviewed pursuant to paragraph (1), and (G) such recommendations for legislation and administrative actions relating to the procurement practices of the Department of Defense as the Office considers appropriate to assure economy and efficiency in procurement ac- tions by the Department of Defense during the final quarter of a fiscal year. (b)(1) The Secretary of Defense shall furnish to the Office such information on the procurement actions of the Department of Defense and the regulations and administrative and managerial guidelines applicable to such actions as the Office considers neces- sary to carry out subsection (a). (2) The Inspector General of the Department of Defense shall furnish to the Office such information on the procurement actions of the Department of Defense and the regulations and administrative and managerial guidelines applicable to such actions as the Inspec- tor General has acquired and the Office considers necessary to carry out subsection (a). (3) The Comptroller General of the United States shall furnish to the Office such information on the procurement actions of the Department of Defense and the regulations and administrative and managerial guidelines applicable to such actions as the Comptroller General has acquired and the Office considers necessary to carry out subsection (a).

�


text:
Page:United States Statutes at Large Volume 97.djvu/1366

 97 STAT. 1334 PUBLIC LAW 98-191—DEC. 1, 1983 (4) Each offieial furnishing information to the Office under para- graph (1), (2), or (3) shall include with such information all informa- tion furnished by such official to the Congress, any committee of the Congress, or any Member of the Congress relating to the procure- ment actions required by subsection (a) to be reviewed by the Office. Approved December 1, 1983. LEGISLATIVE HISTORY—H.R. 2293 (S. 1001): HOUSE REPORT No. 98-146 (Comm. on Government Operations). SENATE REPORT No. 98-214 accompanying S. 1001 (Comm. on Governmental Affairs). CONGRESSIONAL RECORD, Vol. 129 (1983): June 1, considered and passed House. Nov. 15, considered and passed Senate, amended, in lieu of S. 1001. Nov. 17, House concurred in Senate amendments. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 19, No. 48 (1983): Dec. 1, Presidential statement.

�


text:
Page:United States Statutes at Large Volume 97.djvu/1367

 PUBLIC LAW 98-192—DEC. 1, 1983 97 STAT. 1335 Public Law 98-192 98th Congress An Act To amend and extend the Tribally Controlled Community College Assistance Act of 1978, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. The matter preceding title I of the Tribally Controlled Community College Assistance Act of 1978 (92 Stat. 1325) (hereafter in this Act referred to as the "Act") is amended— (1) by striking out "DEFINITIONS" and inserting in lieu thereof the following: "DEFINITIONS "SEC. 2. (a) For purposes of this Act, the term—"; (2) by striking out "and is eligible to receive services from the Secretary of the Interior" in paragraph (1); (3) by inserting before the semicolon at the end of paragraph (5) thereof the following: "and the reference to Secretary in clause (5)(A) of such section shall be deemed to refer to the Secretary of the Interior"; and (4) by striking out paragraph (7) and inserting in lieu thereof the following: "(7) 'Indian student count' means a number equal to the total number of Indian students enrolled in each tribally controlled community college, determined in a manner consistent with subsection (b) of this section on the basis of the quotient of the sum of the credit hours of all Indian students so enrolled, divided by twelve. "(b) The following conditions shall apply for the purpose of deter- mining the Indian student count pursuant to paragraph (7) of subsection (a): "(1) Such number shall be calculated on the basis of the registrations of Indian students as in effect at the conclusion of the third week of each academic term. "(2) Credits earned in classes offered during a summer term Credits shall be counted toward the computation of the Indian student count in the succeeding fall term. "(3) Indian students earning credits in any continuing educa- tion program of a tribally controlled community college shall be included in determining the sum of all credit hours. "(4) Credits earned in a continuing education program shall be converted to a credit-hour basis in accordance with the tribally controlled community college's system for providing credit for participation in such program. "(5) No credit hours earned by an Indian student who is not making satisfactory progress toward a degree or certificate, in accordance with the standards and practices of the appropriate accrediting agency or the institution at which the student is in attendance, shall be taken into account.". Dec. 1, 1983 [S. 726] Tribally Controlled Community College Assistance Act of 1978, amendment. 25 USC 1801. "Indian student count."

�


text:
Page:United States Statutes at Large Volume 97.djvu/1368

 97 STAT. 1336 PUBLIC LAW 98-192—DEC. 1, 1983 25 USC 1802. 25 USC 1803. 25 USC 1807. Infra. 25 USC 1805-1815. SEC. 2. Section 101 of the Act is amended by inserting immediately before the period at the end thereof the following: ", and to allow for the improvement and expansion of the physical resources of such institutions". SEC. 3. (a) Section 102 of the Act is amended— (1) by striking out "is authorized to" in subsection (a) and inserting in lieu thereof "shall, subject to appropriations,"; and (2) by striking out "to defray the expense of activities related to education programs for Indian students" in subsection (b) and inserting in lieu thereof "to defray, at the determination of the tribally controlled community college, expenditures for aca- demic, educational, and administrative purposes and for the operation and maintenance of the college". (b) Section 106(a) of the Act is amended by inserting after the second sentence the following new sentence: "Such application shall include a description of recordkeeping procedures for the expendi- ture of funds received under this Act which will allow the Secretary to audit and monitor programs conducted with such funds.". SEC. 4. (a) The Act is amended— (1) by redesignating sections 104 through 114 as sections 105 through 115, respectively; and (2) by inserting after section 103 the following new section: 25 USC 1804a. Regulations. Applications, submission and review. Infra. 25 USC 1806. 25 USC 1807. 25 USC 1811. 25 USC 1805. PLANNING GRANTS "SEC. 104. (a) The Secretary shall establish a program in accord- ance with this section to make grants to tribes and tribal entities (1) to conduct planning activities for the purpose of developing propos- als for the establishment of tribally controlled community colleges, or (2) to determine the need and potential for the establishment of such colleges. "(b) The Secretary shall establish, by regulation, procedures for the submission and review of applications for grants under this section. "(c) From the amount appropriated to carry out this title for any fiscal year (exclusive of sums appropriated for section 105), the Secretary shall reserve (and expend) an amount necessary to make grants to five applicants under this section of not more than $15,000 each, or an amount necessary to make grants in that amount to each of the approved applicants, if less than five apply and are approved.". (b) The Act is further amended— (1) by striking out "section 106" in section 106 (as redesig- nated by subsection (a)(1)) and inserting in lieu thereof "section 107"; (2) by striking out "section 105" in section 107 (as so redesig- nated) and inserting in lieu thereof "section 106"; and (3) by striking out "section 106(a)" in section 111 (as so redesignated) and inserting in lieu thereof "section 107(a)". SEC. 5. Section 105 of the Act (as redesignated by section 4(a)(1)) is amended— (1) by inserting "from a tribally controlled community college which is receiving funds under section 108" after "upon request" in the first sentence thereof; and (2) by striking out "to tribally controlled community colleges" in such sentence.

�


text:
Page:United States Statutes at Large Volume 97.djvu/1369

 PUBLIC LAW 98-192—DEC. 1, 1983 97 STAT. 1337 SEC. 6. (a) Section 106 of the Act (as redesignated by section 4(a)(1) 25 USC 1806. of this Act) is amended— (1) by striking out "FEASIBILITY" in the heading of such section and inserting in lieu thereof "ELIGIBILITY"; (2) by striking out "feasibility" each place it appears in such section and inserting in lieu thereof "eligibility"; (3) by striking out "Assistant Secretary of Education of the Department of Health, Education, and Welfare" in subsection (a) and inserting in lieu thereof "Secretary of Education"; (4) by inserting at the end of subsection (b) the following new sentence: "Such a positive determination shall be effective for the fiscal year succeeding the fiscal year in which such determi- nation is made."; and (5) by striking out "10 per centum" in subsection (c)(2) and inserting in lieu thereof "5 per centum". (b) Section 107 of the Act (as redesignated by section 4(a)(1) of this 25 USC 1807. Act) is amended— (1) by striking out "feasibility" in subsection (a) and inserting in lieu thereof "eligibility", and (2) striking out "Assistant Secretary of Education of the Department of Health, Education, and Welfare" in subsection (b) and inserting in lieu thereof "Secretary of Education". SEC. 7. Section 108(a) of the Act (as redesignated by section 4(a)(1) 25 USC 1808. of this Act) is amended to read as follows: "SEC. 108. (a) Except as provided in section 111, the Secretary Post, p. 1338. shall, subject to appropriations, grant for each academic year to each tribally controlled community college having an application approved by him an amount equal to the product of— "(1) the Indian student count at such college during such academic year, as determined by the Secretary in accordance with section 2(a)(7) of this Act; and Ante, p. 1335. " (2)(A) $4,000 for fiscal year 1984, " (B) $5,025 for fiscal year 1985, "(C) $5,415 for fiscal year 1986, and " (D) $5,820 for fiscal year 1987, except that no grant shall exceed the total cost of the education program provided by such college.". SEC. 8. Section 109 of the Act (as redesignated by section 4(a)(1) of 25 USC 1809. this Act) is amended— (1) by inserting "(a)" immediately after the section designa- tion; and (2) by adding at the end thereof the following new subsections: "(b)(l) The amount of any grant for which tribally controlled community colleges are eligible under section 108 shall not be Supra. altered because of funds allocated to any such colleges from funds appropriated under the Act of November 2, 1921 (42 Stat. 208; 25 U.S.C. 13). "(2) No tribally controlled community college shall be denied Funds, denial. funds appropriated under such Act of November 2, 1921, because of the funds it receives under this Act. " (c) For the purposes of sections 312(2)(A)(i) and 322(a)(2)(A)(i) of the Higher Education Act of 1965, any Indian student who receives a ^^„Y^^ ^^^^' student assistance grant from the Bureau of Indian Affairs for ^ postsecondary education shall be deemed to have received such assistance under subpart 1 of part A of title IV of such Act.". 20 USC 1070. SEC. 9. Section 110 of the Act (as redesignated by section 4(a)(l) of 25 USC 1810. this Act) is amended to read as follows:

�


text:
Page:United States Statutes at Large Volume 97.djvu/1370

 97 STAT. 1338 PUBLIC LAW 98-192—DEC. 1, 1983 "APPROPRIATION AUTHORIZATION "SEC. 110. (a)(1) There is authorized to be appropriated, for the Ante, p. 1336. purpose of carrying out section 105, $3,200,000 for each of the fiscal years 1985, 1986, and 1987. "(2) There is authorized to be appropriated for the purpose of Ante, p. 1337. Carrying out section 107, $30,000,000 for each of such fiscal years. "(3) There are authorized to be appropriated such sums as may be fost, pp. 1339, necessary for the purpose of carrying out sections 112(b) and 113 for ^"^ "• each of such fiscal years. "(b)(1) For the purpose of affording adequate notice of funding available under this Act, amounts appropriated in an appropriation Act for any fiscal year to carry out this Act shall become available for obligation on July 1 of that fiscal year and shall remain avail- able until September 30 of the succeeding fiscal year. "(2) In order to effect a transition to the forward funding method of timing appropriation action described in paragraph (1), there are authorized to be appropriated, in an appropriation Act or Acts for the same fiscal year, two separate appropriations to carry out this Act, the first of which shall not be subject to paragraph (1).". 25 USC 1811. SEC. 10. Section 111 of the Act (as redesignated by section 4(a)(1) of this Act) is amended by redesignating subsection (b) as subsection (c) and by striking out subsection (a) and inserting in lieu thereof the following: "SEC. 111. (a)(1) If the sums appropriated for any fiscal year Supra. pursuant to section 110(a)(2) for grants under section 107 are not Ante, p. 1337. sufficient to pay in full the total amount which approved applicants are eligible to receive under such section for such fiscal year— (A) the Secretary shall first allocate to each such applicant which received funds under section 107 for the preceding fiscal year an amount equal to 95 per centum of the product of— "(i) the per capita payment for the preceding fiscal year; and "(ii) such applicant's Indian student count for the current fiscal year; "(B) the Secretary shall next allocate to applicants who did not receive funds under such section for the preceding fiscal year an amount equal to 100 per centum of the product of—• "(i) the per capita payment for the preceding fiscal year; and "(ii) the applicant's Indian student count for the current fiscal year; in the order in which such applicants have qualified for assist- ance in accordance with such section so that no amount shall be allocated to a later qualified applicant until each earlier quali- fied applicant is allocated an amount equal to such product; and "(C) if additional funds remain after making the allocations required by subparagraphs (A) and (B), the Secretary shall allocate such funds by— "(i) ratably increasing the amounts of the grants deter- mined under subparagraph (A) until such grants are equal to 100 per centum of the product described in such subpara- graph; and "(ii) then ratably increasing the amounts of both (I) the grants determined under subparagraph (A), as increased under clause (i) of this subparagraph, and (II) the grants determined under subparagraph (B).

�


text:
Page:United States Statutes at Large Volume 97.djvu/1371

 PUBLIC LAW 98-192—DEC. 1, 1983 97 STAT. 1339 "(2) For purposes of paragraph (1) of this subsection, the term 'per capita payment' for any fiscal year shall be determined by dividing the amount available for grants to tribally controlled community colleges under section 107 for such fiscal year by the sum of the Indian student counts of such colleges for such fiscal year. The Secretary shall, on the basis of the most satisfactory data available, compute the Indian student count for any fiscal year for which such count was not used for the purpose of making allocations under this title. "(b)(1) If the sums appropriated for any fiscal year for grants under section 107 are not sufficient to pay in full the total amount of the grants determined pursuant to subsection (a)(1)(A), the amount which applicants described in such subsection are eligible to receive under section 107 for such fiscal year shall be ratably reduced. "(2) If any additional funds become available for making pay- ments under section 107 for any fiscal year to which subsection (a) or paragraph (1) of this subsection applies, such additional amounts shall be allocated by first increasing grants reduced under para- graph (1) of this subsection on the same basis as they were reduced and by then allocating the remainder in accordance with subsection (a). Sums appropriated in excess of the amount necessary to pay in full the total amounts for which applicants are eligible under sec- tion 107 shall be allocated by ratably increasing such total amounts. "(8) References in this subsection and subsection (a) to section 107 shall, with respect to fiscal year 1983, be deemed to refer to section 106 as in effect at the beginning of such fiscal year.". SEC. 11. Section 112 of the Act (as redesignated by section 4(a)(1) of this Act) is amended to read as follows: "Per capita payment." Ante, p. 1337. Ante, p. 1337. 25 USC 1812. REPORT ON FACILITIES "SEC. 112. (a) The Administrator of General Services shall provide for the conduct of a study of facilities available for usc by tribally controlled community colleges. Such study shall consider the condi- tion of currently existing Bureau of Indian Affairs facilities which are vacant or underutilized and shall consider available alternatives for renovation, alteration, repair, and reconstruction of such facili- ties (including renovation, alteration, repair, and reconstruction necessary to bring such facilities into compliance with local building codes). Such study shall also identify the need for new construction. A report on the results of such study shall be submitted to the Submittal to Congress not later than eighteen months after the date of enactment Congress, of this subsection. Such report shall also include an identification of property— "(1) on which structurally sound buildings suitable for usc as educational facilities are located, and "(2) which is available for usc by tribally controlled commu- nity colleges under section 202(a)(2) of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 483(a)(2)) and under the Act of August 6, 1956 (70 Stat. 1057; 25 U.S.C. 443a). "(b) The Administrator of General Services, in consultation with Renovation the Bureau of Indian Affairs, shall initiate a program to conduct program, necessary renovations, alterations, repairs, and reconstruction iden- tified pursuant to subsection (a) of this section. "(c) For the purposes of this section, the term 'reconstruction' has "Reconstruction.' the meaning provided in the first sentence of subparagraph (B) of

�


text:
Page:United States Statutes at Large Volume 97.djvu/1372

 97 STAT. 1340 PUBLIC LAW 98-192—DEC. 1, 1983 25 USC 1813. section 742(2) of the Higher Education Act of 1965 (20 U.S.C. 1132e-l(2)(B)).". SEC. 12. Section 113 of the Act (as redesignated by section 4(a)(l) of this Act) is amended to read as follows: Grants. Ante, p. 1339. Ante, pp. 1336, 1337. Accreditation. Waiver. Waiver. CONSTRUCTION OF NEW FACILITIES "SEC. 113. (a) With respect to any tribally controlled community college for which the report of the Administrator of General Serv- ices under section 112(a) of this Act identifies a need for new construction, the Secretary shall, subject to appropriations and on the basis of an application submitted in accordance with such requirements as the Secretary may prescribe by regulation, provide grants for such construction in accordance with this section. "(b) In order to be eligible for a grant under this section, a tribally controlled community college— "(1) must be a current recipient of grants under section 105 or 107, and "(2) must be accredited by a nationally recognized accrediting agency listed by the Secretary of Education pursuant to the last sentence of section 1201(a) of the Higher Education Act of 1965 (20 U.S.C. 1141(a)), except that such requirement may be waived if the Secretary determines that there is a reasonable expecta- tion that such college will be fully accredited within eighteen months. In any case where such a waiver is granted, grants under this section shall be available only for planning and development of proposals for construction. "(c)(1) Except as provided in paragraph (2), grants for construction under this section shall not exceed 80 per centum of the cost of such construction, except that no tribally controlled community college shall be required to expend more than $400,000 in fulfillment of the remaining 20 per centum. For the purpose of providing its required portion of the cost of such construction, a tribally controlled commu- nity college may usc funds provided under the Act of November 2, 1921 (25 U.S.C. 13), popularly referred to as the Snyder Act. "(2) The Secretary may waive, in whole or in part, the require- ments of paragraph (1) in the case of any tribally controlled commu- nity college which demonstrates that neither such college nor the tribal government with which it is affiliated have sufficient re- sources to comply with such requirements. The Secretary shall base a decision on whether to grant such a waiver solely on the basis of the following factors: (A) tribal population; (B) potential student population; (C) the rate of unemployment among tribal members; (D) tribal financial resources; and (E) other factors alleged by the college to have a bearing on the availability of resources for compliance with the requirements of paragraph (1) and which may include the educational attainment of tribal members. "(d) If, within twenty years after completion of construction of a facility which has been constructed in whole or in part with a grant made available under this section— "(1) the facility ceases to be used by the applicant in a public or nonprofit capacity as an academic facility, unless the Secre- tary determines that there is good cause for releasing the institution from this obligation, and "(2) the tribe with which the applicant is affiliated fails to usc the facility for a public purpose approved by the tribal govern-

�


text:
Page:United States Statutes at Large Volume 97.djvu/1373

 PUBLIC LAW 98-192—DEC. 1, 1983 97 STAT. 1341 ment in furtherance of the general welfare of the community served by the tribal government, title to the facility shall vest in the United States and the applicant (or such tribe if such tribe is the successor in title to the facility) shall be entitled to recover from the United States an amount which bears the same ratio to the present value of the facility as the amount of the applicant's contribution (excluding any funds pro- vided under the Act of November 2, 1921 (25 U.S.C. 13)) bore to the original cost of the facility. Such value shall be determined by agreement of the parties or by action brought in the United States district court for the district in which such facility is located. "(e) No construction assisted with funds under this section shall be used for religious worship or a sectarian activity or for a school or department of divinity. "(f) For the purposes of this section— "(1) the term 'construction' includes reconstruction or renova- tion (as such terms are defined in the first sentence of subpara- graph (B) of section 742(2) of the Higher Education Act of 1965 (20 U.S.C. 1132e-l(2)(B))); and "(2) the term 'academic facilities' has the meaning provided such term under section 742(1) of the Higher Education Act of 1965 (20 U.S.C. 1132e-l(l)). ". SEC. 13. The Act is further amended by adding at the end thereof the following new title: Religious activities. Definitions. "TITLE III—TRIBALLY CONTROLLED COMMUNITY COLLEGE ENDOWMENT PROGRAM PURPOSE "SEC. 301. It is the purpose of this title to provide grants for the encouragement of endowment funds for the operation and improve- ment of tribally controlled community colleges. 25 USC 1831. ESTABLISHMENT OF PROGRAM; PROGRAM AGREEMENTS "SEC. 302. (a) From the amount appropriated pursuant to section 306, the Secretary shall establish a program of making endowment grants to tribally controlled community colleges which are current recipients of assistance under section 107 of this Act or under section 3 of the Navajo Community College Act. No such college shall be ineligible for such a grant for a fiscal year by reason of the receipt of such a grant for a preceding fiscal year, but no such college shall be eligible for such a grant for a fiscal year if such college has been awarded a grant under section 333 of the Higher Education Act of 1965 for such fiscal year. "(h) No grant for the establishment of an endowment fund by a tribally controlled community college shall be made unless such college enters into an agreement with the Secretary which— "(1) provides for the establishment and maintenance of a trust fund at a federally insured banking or savings institution; "(2) provides for the deposit in such trust fund of— "(A) any Federal capital contributions made from funds appropriated under section 306; "(B) a capital contribution by such college in an amount equal to the amount of each Federal capital contribution; and 25 USC 1832. Ante, p. 1387. 25 USC 640b. Ante, p. 708.

�


text:
Page:United States Statutes at Large Volume 97.djvu/1374

 97 STAT. 1342 PUBLIC LAW 98-192—DEC. 1, 1983 "(C) any earnings of the funds so deposited; "(3) provides that such funds will be deposited in such a manner as to insure the accumulation of interest thereon at a rate not less than that generally available for similar funds deposited at the same banking or savings institution for the same period or periods of time; "(4) provides that, if at any time such college withdraws any capital contribution made by that college, an equal amount of Federal capital contribution shall be withdrawn and returned to the Secretary for reallocation to other colleges; "(5) provides that no part of the net earnings of such trust fund will inure to the benefit of any private person; and "(6) includes such other provisions as may be necessary to protect the financial interest of the United States and promote the purpose of this title and as are agreed to by the Secretary and the college, including a description of recordkeeping proce- dures for the expenditure of accumulated interest which will allow the Secretary to audit and monitor programs and activi- ties conducted with such interest. "USE OF FUNDS 25 USC 1833. "SEC. 303. Interest deposited, pursuant to section 302(b)(2)(C), in the trust fund of any tribally controlled community college may be periodically withdrawn and used, at the discretion of such college, to defray any expenses associated with the operation of such college, including expense of operations and maintenance, administration, academic and support personnel, community and student services programs, and technical assistance. "COMPLIANCE WITH MATCHING REQUIREMENT 25 USC 1834. "SEC. 304. For the purpose of complying with the contribution requirement of section 302(b)(2)(B), a tribally controlled community college may usc funds which are available from any private or tribal source. "ALLOCATION OF FUNDS 25 USC 1835. "SEC. 305. (a) From the amount appropriated pursuant to section 306, the Secretary shall allocate to each tribally controlled commu- nity college which is eligible for an endowment grant under this title an amount for a Federal capital contribution equal to the amount which such college demonstrates has been placed within the control of, or irrevocably committed to the use of, the college and is available for deposit as a capital contribution of that college in accordance with section 302(b)(2)(B), except that the maximum amount which may be so allocated to any such college for any fiscal year shall not exceed $350,000. "(b) If for any fiscal year the amount appropriated pursuant to section 306 is not sufficient to allocate to each tribally controlled community college an amount equal to the amount demonstrated by such college pursuant to subsection (a), then the amount of the allocation to each such college shall be ratably reduced.

�


text:
Page:United States Statutes at Large Volume 97.djvu/1375

 PUBLIC LAW 98-192—DEC. 1, 1983 97 STAT. 1343 "AUTHORIZATION OF APPROPRIATIONS "SEC. 306. (a) There is authorized to be appropriated to carry out 25 USC 1836. the provisions of this title $5,000,000 for each of the fiscal years 1985, 1986, and 1987. "(b) Any funds appropriated pursuant to subsection (a) are author- ized to remain available until expended.". SEC. 14. Section 5(a)(1) of the Navajo Community College Act is 25 USC 640c-i. amended by striking out "October 1, 1979" and inserting in lieu thereof "October 1, 1984". SEC. 15. In promulgating any regulations to implement the 25 USC 1815 amendments made by this Act, the Secretary of the Interior shall ^°^- consult with tribally controlled community colleges. Approved December 1, 1983. LEGISLATIVE HISTORY—S. 726 (H.R. 2307): HOUSE REPORTS: No. 98 -77 accompanying H.R. 2307 (Comm. on Education and Labor) and No. 98 -505 (Comm. of Conference). SENATE REPORTS: No. 98 -64 (Comm. on Indian Affairs) and No. 98 -303 (Comm. of CONGRESSIONAL RECORD, Vol. 129 (1983): May 3, H.R. 2307 failed of passage in House. May 25, considered and passed Senate. Oct. 20, considered and passed House, amended. Nov. 17, Senate and House agreed to conference report.

�


text:
Page:United States Statutes at Large Volume 97.djvu/1376

 97 STAT. 1344 PUBLIC LAW 98-193—DEC. 1, 1983 Dec. 1, 1983 [S. 1046] Product Liability Risk Retention Act of 1981, amendment. Public Law 98-193 98th Congress An Act To clarify the applicability of a provision of law regarding risk retention. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That section 2(b) of the Product Liabihty Risk Retention Act of 1981 (15 U.S.C. 3901(b)) is amended to read as follows: "(b) Nothing in this Act shall be construed to affect either the tort law or the law governing the interpretation of insurance contracts of any State, and the definitions of product liability and product liability insurance under any State law shall not be applied for the purposes of this Act, including recognition or qualification of risk retention groups or purchasing groups.". Approved December 1, 1983, LEGISLATIVE HISTORY—S. 1046: SENATE REPORT No. 98 -172 (Comm. on Commerce, Science, and Transportation). CONGRESSIONAL RECORD, Vol. 129 (1983): Sept. 27, considered and passed Senate. Nov. 18, considered and passed House.

�


text:
Page:United States Statutes at Large Volume 97.djvu/1377

 PUBLIC LAW 98-194—DEC. 1, 1983 97 STAT. 1345 Public Law 98-194 98th Congress An Act To provide revised reimbursement criteria for small rural health clinics utilizing National Health Service Corps personnel. 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 "Rural Health Clinics Act of 1983". FINDINGS Dec. 1, 1983 [S. 2129] Rural Health Clinics Act of 1983. 42 USC 201 note. 42 USC 254g note. SEC. 2. Congress finds and declares that— (1) rural health clinics are an important part of America's health care delivery system; (2) National Health Service Corps personnel assigned to rural health clinics located in health manpower shortage areas have provided valuable and needed staffing help for such clinics; (3) rural health clinics receiving assistance from National Health Service Corps personnel should be expected to reimburse the Federal Government for a reasonable share of the costs of such personnel; and (4) the criteria which should be applied to reimbursement by Reimbursement, such clinics for use of such personnel should be a fair and equitable one which reflects the needs of such clinics and the populations served by such clinics, as well as the value of the services rendered by such personnel. ALTERNATIVE REIMBURSEMENT PROVISIONS SEC. 3. (a)(1) Subsection (a) of section 334 of the Public Health Service Act (42 U.S.C. 254g) is amended— (A) in the matter preceding subparagraph (A) of paragraph (3), by inserting ", if not a small health center," after "the entity"; (B) by striking out "and" at the end of subparagraph (C) of such paragraph; (C) by redesignating paragraph (4) as (5); and (D) by inserting after paragraph (3) the following new para- graph: "(4) the entity, if a small health center, shall pay to the United States, in each calendar quarter (or other period as may be specified in the agreement) during which any Corps member is assigned to such entity, an amount determined by the Secre- tary in accordance with subsection (f); and", (b) Subsection (b) of such section is amended— (l)*by inserting ", on a prospective or retrospective basis," after "m whole or in part" in paragraph (1); (2) by inserting "which is not a small health center" after "for an entity" in such paragraph; (3) by inserting ", on a prospective or retrospective basis," after "in whole or in part" in paragraph (2); 11-1940-85 —44:QL3

�


text:
Page:United States Statutes at Large Volume 97.djvu/1378

 97 STAT. 1346 PUBLIC LAW 98-194—DEC. 1, 1983 Waiver. Payment to U.S. Proposed budget, submittal to Secretary. (4) by inserting "is not a small health center and which" after "for any entity which" in such paragraph; (5) by inserting "and does not, pursuant to paragraph (5), require payment by the entity in the amount described in subsection (f)(D/' after "paragraph (1) or (2)," in paragraph (3); and (6) by adding at the end thereof the following new paragraph: "(5)(A) If the Secretary determines that an entity which is not a small health center is eligible for a waiver under paragraph (1) or (2), the Secretary may waive the application of subsection (a)(3) for such entity and require such entity to make payment in an amount equal to the amount described in subsection (fKD that would be payable by such entity if such entity were a small health center. "(B) The Secretary may waive in whole or in part, on a prospective or retrospective basis, the application of the requirement of subpara- graph (A) for any entity if the Secretary determines that the entity is financially unable to meet such requirement or that compliance with such requirement would unreasonably limit the ability of the entity to provide for the adequate support of the provision of health services by Corps members. Funds which would be paid to the United States but for a waiver under this subparagraph shall be used by an entity to— "(i) expand or improve its provision of health services; "(ii) increase the number of individuals served; "(iii) renovate or modernize facilities for its provision of health services; "(iv) improve the administration of its health service pro- grams; or "(v) to establish a financial reserve to assure its ability to continue providing health services. ". (c) Subsection (c) of such section is amended— (1) by inserting "which is not a small health center" after "an entity"; (2) by inserting "or subsection (b)(5)(A)" before "shall be used by the entity". (d) Such section is amended by adding at the end thereof the following new subsection: "(f)(1) An entity which is a small health center shall pay to the United States, as prescribed by the Secretary in each calendar quarter (or other period as may be specified in the agreement) during which any Corps member is assigned to such entity, an amount equal to the amount (prorated for a calendar quarter or other period) by which the revenues that the center may reasonably expect to receive during an annual period for the provision of health services exceeds the costs that the center may reasonably expect to incur in the provision of such services, except that the amount that an entity shall pay to the United States under this paragraph shall not exceed the amount such entity would pay to the United States under paragraph (3) of subsection (a) if such paragraph applied to such entity. "(2)(A) To determine for purposes of paragraph (1) the revenues and costs which an entity that is a small health center may reason- ably be expected to receive and incur in an annual period for the provision of health services, the entity shall submit to the Secretary before the beginning of such period a proposed budget which—

�


text:
Page:United States Statutes at Large Volume 97.djvu/1379

 PUBLIC LAW 98-194—DEC. 1, 1983 97 STAT. 1347 "(i) describes the primary and supplemental health services (as defined in section 330) which are needed by the area the entity serves in such period; and "(ii) states the revenues and costs which the entity expects to receive and incur in providing such health services in such period. "(B) From the submission under subparagraph (A) and other information available to the Secretary, the Secretary shall de- termine— "(i) the primary and supplemental health services (as defined in section 330) needed in the area the entity serves; "(ii) the fees, premiums, third party reimbursements, and other revenues the entity making the submission may reason- ably expect to receive from the provision of such services; and "(iii) the costs which the entity may reasonably expect to incur in providing such services. The revenues and costs determined by the Secretary shall be the revenues and costs used in making the determination under para- graph (1). "(3) The Secretary may waive in whole or in part, on a prospective or retrospective basis, the application of paragraph (1) for an entity which is a small health center if the Secretary determines that the entity needs all or part of the amounts otherwise payable under such paragraph to— "(A) expand or improve its provision of health services; "(B) increase the number of individuals served; "(C) renovate or modernize facilities for its provision of health services; "(D) improve the administration of its health service pro- grams; or "(E) establish a financial reserve to assure its ability to continue providing health services. "(4) The excess (if any) of the amount of funds collected by an entity which is a small health center in accordance with subsection (a)(2) over the amount paid to the United States in accordance with paragraph (1) of this subsection shall be used by the center for the purposes set out in subparagraphs (A) through (E) of paragraph (3) of this subsection or to recruit and retain health manpower to provide health services to the individuals in the health manpower shortage area for which the entity submitted an application. "(5) For purposes of this section, the term 'small health center' means an entity other than— "(A) a hospital (or part of a hospital); "(B) a public entity; or "(C) an entity that is receiving a grant under section 329 or section 330, except that such term includes an entity whose grant is less than the total of the amounts, calculated on an annual basis, specified in subparagraphs (A) and (B) of subsec- tion (a)(3).". 42 USC 254c. Revenues and costs. Waiver. Health manpower. "Small health center. " 42 USC 254b, 254c.

�


text:
Page:United States Statutes at Large Volume 97.djvu/1380

 97 STAT. 1348 PUBLIC LAW 98-194—DEC. 1, 1983 EFFECTIVE DATE AND APPLICABILITY 42 USC 254g SEC. 4. The amendments made by section 3 shall apply with ^°^- respect to agreements entered into under section 334 of the Public Ante, p. 1345. Health Service Act after the date of the enactment of this Act, but, to the extent feasible, the Secretary of Health and Human Services shall revise agreements entered into under such section 334 before such date to reflect the amendments made by section 3. Approved December 1, 1983. LEGISLATIVE HISTORY—S. 2129: CONGRESSIONAL RECORD, Vol. 129 (1983): Nov. 18, considered and passed Senate and House.

�


text:
Page:United States Statutes at Large Volume 97.djvu/1381

 PUBLIC LAW 98-195—DEC. 1, 1983 97 STAT. 1349 Public Law 98-195 98th Congress An Act To direct the Secretary of Agriculture to release on behalf of the United States a reversionary interest in certain land in the State of Delaware. Dec. 1, 1983 [S. 1503] State of Delaware, release of reversionary land interest. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That subject to section 2, the Secretary of Agriculture shall release, on behalf of the United States, with respect to the land described in section 3, the condition contained in the deed dated September 24, 1954, recorded June 30, 1955, in deed book 447, page 595, in the Office of the Sussex County Recorder of Deeds, Georgetown, Delaware, between the United States of America and the State of Delaware, conveying certain tracts of land to the State of Delaware, which condition requires that the land conveyed be used for public purposes and if at any time such land ceases to be so used, it shall immediately revert to and become revested in the United States. SEC. 2. The condition referred to in section 1, with respect to the Certification land described in section 3, shall be released only upon certification by the Secretary of the Delaware Department of Natural Resources and Environmental Control to the Secretary of Agriculture that an area of wetlands, marsh, or shore lands within the State of Dela- ware containing at least 6.21 acres has been dedicated to public purposes. Such certification shall specify the location and set forth a legal description of the dedicated area, and shall be accompanied by a legal opinion establishing that title to the dedicated property is vested in the State of Delaware and that a restriction of public purpose applies to the dedicated property. SEC. 3. The land referred to in section 1 is a tract of land, being a portion of tract numbered 24 of those lands conveyed by James Leslie Ford, marshal of the United States for the District of Delaware, to the United States of America in the deed dated September 16, 1939, recorded November 20, 1939, in deed book 322, page 125, in the Office of the Sussex County Recorder of Deeds, Georgetown, Delaware, containing 6.21 acres of land, more or less, more particularly described as follows: Beginning at the point of intersection of the northeasterly side of Hassell Street (at 30 feet wide) with the northeasterly side of a 50-foot wide right-of-way known as Assawoman Street, thence with said point of beginning and along the said north- easterly side of Hassell Street^ and crossing the said 50-foot wide right-of-way known as Assawoman Street, south 05 degrees 20 minutes 55 seconds east, 297.80 feet to a point in the low water line of Little Bay; thence by the various meanderings thereof, generally in a northwesterly and northeasterly direction, and the westerly limits of lands known as Bay View Park and Bay View Park first addition, 1,666 feet, more or less, to a point, said point being distant by the seventeen following tie lines connecting

�


text:
Page:United States Statutes at Large Volume 97.djvu/1382

 97 STAT. 1350 PUBLIC LAW 98-195—DEC. 1, 1983 points in or near the said low water line from the last described point: (1) south 39 degrees 04 minutes 05 seconds west, 45.00 feet to a point; (2) north 68 degrees 30 minutes 00 seconds west, 40.00 feet to a point; (3) north 30 degrees 50 minutes 00 seconds west, 72.00 feet to a point; (4) north 66 degrees 10 minutes 00 seconds west, 114,00 feet to a point; (5) north 62 degrees 34 minutes 00 seconds west, 178.00 feet to a point; (6) north 41 degrees 07 minutes 35 seconds west, 180.00 feet to a point; (7) north 22 degrees 10 minutes 50 seconds east, 138.00 feet to a point; (8) north 79 degrees 25 minutes 00 seconds east, 120,00 feet to a point; (9) north 47 degrees 20 minutes 00 seconds east, 87,00 feet to a point; (10) north 27 degrees 20 minutes 00 seconds east, 67.00 feet to a point; (11) north 48 degrees 40 minutes 00 seconds east, 121.00 feet to a point; (12) north 66 degrees 50 minutes 00 seconds east, 23.00 feet to a point; (13) north 04 degrees 00 minutes 00 seconds west, 100.00 feet to a point; (14) north 25 degrees 52 minutes 00 seconds west, 74.00 feet to a point; (15) north 77 degrees 25 minutes 00 seconds west, 96.00 feet to a point; (16) north 02 degrees 00 minutes 00 seconds east, 145,00 feet to a point; and (17) north 81 degrees 52 minutes 00 seconds west, 66.00 feet to a point; thence by a line through Bay View Park the first and second additions, crossing Hassell Street and Todd Drive and through lots numbered 8, 10, 12, 14, 16, 18 and a portion of 20, north 09 degrees 57 minutes 20 seconds west, 650.30 feet to a point; thence continuing through a portion of lot numbered 20 and recrossing a portion of said Todd Drive, north 40 degrees 04 minutes 20 seconds west, 115,00 feet to a point in the low water line of Jefferson Creek; thence thereby the two following described courses and distances: (1) south 77 degrees 36 minutes 45 seconds east, 68.63 feet to a point; and (2) north 75 degrees 50 minutes 00 seconds east, 30.90 feet to a point; thence along the northeasterly line of lots numbered 2, 4, 6, 8, 10, 12, 14, 16, 18, and 20 of Bay View Park second addition, south 15 degrees 24 minutes 53 seconds east, 698.18 feet to a point in the line dividing Bay View Park first addition from Bay View Park second addition and the northeasterly side of Hassell Street;

�


text:
Page:United States Statutes at Large Volume 97.djvu/1383

 PUBLIC LAW 98-195—DEC. 1, 1983 97 STAT. 1351 thence by new lines along the said northeasterly side of Hassell Street the three following described courses and distances: (1) south 85 degrees 30 minutes 00 seconds east, 53.72 feet to a point; (2) south 15 degrees 24 minutes 53 seconds east, 295.00 feet to a point; and (3) south 05 degrees 20 minutes 55 seconds east, 469.20 feet to a point on the northeasterly side of said Assawoman Street and the point and place of beginning. Approved December 1, 1983. LEGISLATIVE HISTORY—S. 1503: SENATE REPORT No. 98 -287 (Comm. on Agriculture, Nutrition, and Forestry). CONGRESSIONAL RECORD, Vol. 129 (1983): Nov. 17, considered and passed Senate. Nov. 18, considered and passed House.

�


text:
Page:United States Statutes at Large Volume 97.djvu/1384

 97 STAT. 1352 PUBLIC LAW 98-196—DEC. 1, 1983 Dec. 1, 1983 [S. 577] Orchard and Lake Shore Drives, Lake Lowell, Boise, Idaho. Land conveyance. Mineral rights. Public Law 98-196 98th Congress An Act To provide for the conveyance of certain Federal lands adjacent to Orchard and Lake Shore Drives, Lake Lowell, Boise project, Idaho. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. The Secretary of the Interior (hereinafter referred to as the "Secretary") is hereby authorized to convey all right, title, and interest, except as reserved herein, to certain small tracts of Federal lands located adjacent to Orchard and Lake Shore Drives, Lake Lowell, Boise project, Idaho, to the adjacent landowners. SEC. 2. Such conveyances shall be made by the Secretary only to the adjacent landowners, and shall be made within one year from the date of his receipt of a proper application from such landowners. Applicants for such conveyances must pay the fair market value of the lands as of the date of the conveyance, including administrative costs and the costs to the Government of conducting the necessary land surveys and preparing the legal descriptions of the land to be conveyed. In determining the fair market value of the lands, the Secretary shall not include the value of any improvements made to the lands by the adjacent landowners or their predecessors. SEC. 3. All conveyances made pursuant to this Act shall reserve to the United States all mineral deposits in the lands and shall assure that the right to mine and remove such minerals is subservient to the surface rights granted in the conveyances. Approved December 1, 1983. LEGISLATIVE HISTORY—S. 577: HOUSE REPORT No. 98-269 (Comm. on Interior and Insular Affairs). SENATE REPORT No. 98 -7 (Comm. on Energy and Natural Resources). CONGRESSIONAL RECORD, Vol. 129 (1983): Mar. 2, considered and passed Senate. July 18, considered and passed House, amended. Nov. 18, Senate concurred in House amendments.

�


text:
Page:United States Statutes at Large Volume 97.djvu/1385

 PUBLIC LAW 98-197—DEC. 1, 1983 97 STAT. 1353 Public Law 98-197 98th Congress Joint Resolution To extend the term of the Presidential Commission for the German-American Tricentennial, and for other purposes. Whereas in commemoration of the three hundredth anniversary of German settlement in America at Philadelphia, Pennsylvania, on October 6, 1683, the Congress passed Senate Joint Resolution 260, Ninety-seventh Congress, which was signed into law by the Presi- dent on January 14, 1983, as Public Law 97-472 (hereinafter in this resolution referred to as the "Act"); Whereas the Act established the Presidential Commission for the German-American Tricentennial (hereinafter in this resolution referred to as the "Commission") to plan, encourage, develop, and coordinate the commemoration of the German-American Tricen- tennial, and provided for the termination of the Commission on January 31, 1984; Whereas the Act authorizes the Commission to encourage the par- ticipation of, and receive donations of money, property, and personal services from, public and private organizations and individuals to assist the Commission in carrying out its responsi- bilities, and provides that all expenditures of the Commission are to be made from donated funds; Whereas one of the key projects undertaken by the Commission is to oversee the planning and establishment of a German-American Friendship Garden in the District of Columbia as an enduring symbol of German-American contributions to this country and the lasting friendship between the United States and the Federal Republic of Germany; and Whereas the President and the Congress are of the opinion that more time will be needed by the Commission beyond its presently scheduled expiration date of January 31, 1984, to complete its work on the German-American Friendship Garden: Now, there- fore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the term of the Commission is hereby extended to October 31, 1984, and the dead- line for the report of the Commission's activities to the Congress required by the Act is hereby also extended to that date. SEC. 2. After December 31, 1983, the Commission shall not incur any obligations other than in connection with its work on the German-American Friendship Garden, or the carrying out of neces- sary administrative functions, nor shall the Commission solicit, receive, or usc any donated funds or the support or assistance of any Dec. 1, 1983 [H.J. Res. 405] 96 Stat. 2603. Presidential Commission for the German- American Tricentennial. Term and report deadline, extension.

�


text:
Page:United States Statutes at Large Volume 97.djvu/1386

 97 STAT. 1354 PUBLIC LAW 98-197—DEC. 1, 1983 other executive agency or department after December 31, 1983, except for the purposes of its work on the German-American Friend- ship Garden, the liquidation of financial obligations incurred prior to January 1, 1984, and the carrying out of necessary administrative functions. SEC. 3. Except as otherwise provided in this resolution, the provi- sions of the Act shall remain in effect. Approved December 1, 1983. LEGISLATIVE HISTORY—H.J. Res. 405: CONGRESSIONAL RECORD, Vol. 129 (1983): Nov. 4, considered and passed House. Nov. 18, considered and passed Senate.

�


text:
Page:United States Statutes at Large Volume 97.djvu/1387

 PUBLIC LAW 98-198—DEC. 1, 1983 97 STAT. 1355 Public Law 98-198 98th Congress Joint Resolution Expressing the sense of the Congress with respect to international efforts to further a Dec. 1, 1983 revolution in child health. [S.J. Res. Ill] Whereas the report entitled "State of the World's Children, 1982- 83" of the United Nations Children's Fund (hereafter in this joint resolution referred to as "UNICEF") offers unprecedented hope for a "revolution in child health" which could save the lives of up to twenty thousand of the forty thousand children who perish daily around the world from malnutrition and disease; Whereas the techniques involved in this health revolution, includ- ing oral rehydration home treatment, low-cost vaccines which do not require refrigeration, promotion of breast-feeding, and use of child growth charts to detect malnutrition, are estimated to cost only a few dollars per child; Whereas this UNICEF report and the activities of UNICEF have been widely acclaimed by the Secretary General of the United Nations and the heads of the governments of such countries as the United Kingdom, France, Sweden, India, and Pakistan; and Whereas the President of the United States on April 18, 1983, has issued a statement endorsing this health revolution for children and calling on the cooperation of United States Government agencies with international organizations and agencies associated in this effort: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That it is the International sense of the Congress that- Sren (1) the techniques articulated by UNICEF in its report enti- tled "The State of the World's Children, 1982-1983" represent an unprecedented low-cost opportunity to significantly reduce child mortality and morbidity throughout the world, and have the full support and encouragement of the Congress at a time of economic difficulty and constriction for all countries; (2) the President be commended for taking steps to promote, encourage, and undertake activities to further the objectives of the child health revolution and for directing all appropriate United States Government agencies, including the Department of State, the Agency for International Development, and the Department of Health and Human Services, to support and cooperate with UNICEF, the World Health Organization, the United Nations Development Program, and qther international financial and assistance agencies participating in fostering this child health revolution; and

�


text:
Page:United States Statutes at Large Volume 97.djvu/1388

 97 STAT. 1356 PUBLIC LAW 98-198—DEC. 1, 1983 (3) other public and private organizations involved in health, education, finance, labor, communications, and humanitarian assistance should cooperate with and support the efforts of the United States to further the objectives of the child health revolution. Approved December 1, 1983. LEGISLATIVE HISTORY—S.J. Res. Ill: CONGRESSIONAL RECORD, Vol. 129 (1983): July 13, considered and passed Senate, Nov. 17, considered and passed House.

�


text:
Page:United States Statutes at Large Volume 97.djvu/1389

 PUBLIC LAW 98-199—DEC. 2, 1983 97 STAT. 1357 Public Law 98-199 98th Congress An Act To revise and extend the Education of the Handicapped 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 "Education of the Handicapped Act Amendments of 1983". DEFINITIONS SEC. 2. Section 602 of the Education of the Handicapped Act (hereinafter in this Act referred to as "the Act") is amended— (1) in paragraph (1) by inserting "or language" after "speech"; (2) by striking out paragraph (2); (3) in paragraph (3) by inserting "the Education of after "Committee on"; (4) in paragraph (6) by amending such paragraph to read as follows: "(6) Thfe term 'State' means any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Northern Mariana Islands, or the Trust Territory of the Pacific Islands."; (5) in paragraph (14) by striking out "Health, Education, and Welfare" and inserting in lieu thereof "Ekiucation"; (6) by inserting "(a)" after "602"; and (7) by inserting at the end of such section a new subsection (b) as follows: "(b) For purposes of part C of this title, 'handicapped youth' means any handicapped child (as defined in section 602(a)(l)) who— "(1) is twelve years of age or older; or "(2) is enrolled in the seventh or higher grade in school.". DESIGNATION OF THE AGENCY FOR SPECIAL EDUCATION SEC. 3. (a) Section 603 of the Act is amended to read as follows: Dec. 2, 1983 [S. 1341] Education of the Handicapped Act Amend- ments of 1983. 20 USC 1400 note. 20 USC 1401. "Handicapped youth." 20 USC 1421. 20 USC 1402. OFFICE OF SPECIAL EDUCATION PROGRAMS "SEC. 603. (a) There shall be, within the Office of Special Educa- tion and Rehabilitative Services in the Department of Education, an Office of Special Education Programs which shall be the principal agency in the Department for administering and carrying out this Act and other programs and activities concerning the education and training of the handicapped. "(b)(l) The office established under subsection (a) shall be headed by a Deputy Assistant Secretary who shall be selected by the Secretary and shall report directly to the Assistant Secretary for Special Education and Rehabilitative Services. The position of Deputy Assistant Secretary shall be in grade GS-18 of the General Schedule under section 5104 of title 5, United States Code, and shall

�


text:
Page:United States Statutes at Large Volume 97.djvu/1390

 97 STAT. 1358 PUBLIC LAW 98-199—DEC. 2, 1983 be a Senior Executive Service position for the purposes of section 5 USC 3132. 3132(a)(2) of such title. "(2) In addition to such Deputy Assistant Secretary, there shall be established in such office not less than six positions for persons to assist the Deputy Assistant Secretary, including the position of the Associate Deputy Assistant Secretary. Each such position shall be in grade GS-15 of the General Schedule under section 5104 of title 5, United States Code.". 20 USC 1400 et (b) The Act is amended by striking out "Commissioner" or "Com- missioner's" wherever it appears and inserting in lieu thereof "Sec- retary" or "Secretary's", respectively. 20 USC 1403. AMENDMENTS WITH RESPECT TO THE ADVISORY COMMITTEE ON THE EDUCATION OF HANDICAPPED CHILDREN AND YOUTH SEC. 4. Section 604 of the Act is amended to read as follows: Establishment. Review and recommendations. Annual report. Report to Congress. Appropriation authorization. NATIONAL ADVISORY COMMITTEE ON THE EDUCATION OF HANDICAPPED CHILDREN AND YOUTH "SEC 604. (a) The Secretary shall establish in the Department of Education a National Advisory Committee on the Education of Handicapped Children and Youth, consisting of fifteen members, appointed by the Secretary. Not less than five such members shall be parents of handicapped children and the remainder shall be handicapped persons (including students), persons affiliated with education, training, or research programs for the handicapped, and those having demonstrated a commitment to the education of handi- capped children. '(b) The Advisory Committee shall review the administration and operation of the programs authorized by this Act and other provi- sions of law administered by the Secretary with respect to handi- capped children (including the effect of such programs in improving the educational attainment of such children) and make recommen- dations for the improvement of such programs. Such recommenda- tions shall take into consideration experience gained under this and other Federal programs for handicapped children and, to the extent appropriate, experience gained under other public and private pro- grams for handicapped children. The Advisory Committee may make such recommendations to the Secretary as the Committee considers appropriate and shall make an annual report of its findings and recommendations to the Secretary not later than June 30 of each year. The Secretary shall transmit each such report, together with comments and recommendations, to the Congress. (c) There are authorized to be appropriated for the purposes of this section $200,000 for fiscal year 1984, and for each of the two succeeding fiscal years.". 20 USC 1406. AMENDMENTS WITH RESPECT TO GRANTS FOR THE REMOVAL OF ARCHITECTURAL BARRIERS SEC 5. Section 607 of the Act is amended to read as follows: GRANTS FOR THE REMOVAL OF ARCHITECTURAL BARRIERS "SEC 607. (a) The Secretary is authorized to make grants and to enter into cooperative agreements with State educational agencies
 * ^9-

�


text:
Page:United States Statutes at Large Volume 97.djvu/1391

 PUBLIC LAW 98-199—DEC. 2, 1983 97 STAT. 1359 to assist such agencies in making grants to local educational agen- cies or intermediate educational units to pay part or all of the cost of altering existing buildings and equipment in accordance with stand- ards promulgated under the Act approved August 12, 1968 (Public Law 90-480), relating to architectural barriers. "(b) For the purposes of carrying out the provisions of this section, there are authorized to be appropriated such sums as may be necessary.". 42 USC 4151-4157. Appropriation authorization. REQUIREMENTS FOR PRESCRIBED REGULATIONS SEC. 6. The Act is amended by inserting after section 607 following new section: the REQUIREMENTS FOR PRESCRIBING REGULATIONS "SEC. 608. (a) For purposes of complying with section 431(b) of the General Education Provisions Act with respect to regulations pro- mulgated under part B of this Act, the thirty-day period under such section shall be ninety days. "(b) The Secretary may not implement, or publish in final form, any regulation prescribed pursuant to this Act which would proce- durally or substantively lessen the protections provided to handi- capped children under this Act, as embodied in regulations in effect on July 20, 1983 (particularly as such protections relate to parental consent to initial evaluation or initial placement in special educa- tion, least restrictive environment, related services, timelines, at- tendance of evaluation personnel at lEP meetings, or qualifications of personnel), except to the extent that such regulation reflects the clear and unequivocal intent of the Congress in legislation. "(c) The Secretary shall transmit a copy of any regulations pro- mulgated under this Act to the National Advisory Committee on the Education of the Handicapped concurrently with publication in the Federal Register.". 20 USC 1407. 20 USC 1232. 20 USC 1411. Transmittal to Committee. Publication in Federal Register. PARTICIPATION OF HANDICAPPED CHILDREN IN PRIVATE SCHOOLS SEC. 7. Section 613 of the Act is amended by inserting at the end of 20 USC 1413. such section the following new subsection: "(d)(1) If, on the date of enactment of the Education of the Waiver. Handicapped Act Amendments of 1983, a State educational agency ^"^^^ P 1357. is prohibited by law from providing for the participation in special programs of handicapped children enrolled in private elementary and secondary schools as required by subsection (a)(4), the Secretary shall waive such requirement, and shall arrange for the provision of services to such children through arrangements which shall be subject to the requirements of subsection (a)(4). "(2)(A) When the Secretary arranges for services pursuant to this Payments, subsection, the Secretary, after consultation with the appropriate public and private school officials, shall pay to the provider of such services an amount per child which may not exceed the Federal amount provided per child under this part to all handicapped children enrolled in the State for services for the fiscal year preced- ing the fiscal year for which the determination is made. '(B) Pending final resolution of any investigation or complaint Withholding of that could result in a determination under this subsection, the avocation. Secretary may withhold from the allocation of the affected State

�


text:
Page:United States Statutes at Large Volume 97.djvu/1392

 97 STAT. 1360 PUBLIC LAW 98-199—DEC. 2, 1983 Petition. Judgment, review. educational agency the amount the Secretary estimates would be necessary to pay the cost of such services. "(C) Any determination by the Secretary under this section shall continue in effect until the Secretary determines that there will no longer be any failure or inability on the part of the State educa- tional agency to meet the requirements of subsection (a)(4). "(3)(A) The Secretary shall not take any final action under this subsection until the State educational agency affected by such action has had an opportunity, for at least 45 days after receiving written notice thereof, to submit written objections and to appear before the Secretary or his designee to show cause why such action should not be taken. "(B) If a State educational agency is dissatisfied with the Secre- tary's final action after a proceeding under subparagraph (A) of this paragraph, it may, within 60 days after notice of such action, file with the United States court of appeals for the circuit in which such State is located a petition for review of that action. A copy of the petition shall be forthwith transmitted by the clerk of the court to the Secretary. The Secretary thereupon shall file in the court the record of the proceedings on which he based his action, as provided in section 2112 of title 28, United States Code. "(C) The findings of fact by the Secretary, if supported by substan- tial evidence, shall be conclusive; but the court, for good cause shown, may remand the case to the Secretary to take further evidence, and the Secretary may thereupon make new or modified findings of fact and may modify his previous action, and shall file in the court the record of the further proceedings. Such new or modi- fied findings of fact shall likewise be conclusive if supported by substantial evidence. "(D) Upon the filing of a petition under subparagraph (B), the court shall have jurisdiction to affirm the action of the Secretary or to set it aside, in whole or in part. The judgment of the court shall be subject to review by the Supreme Court of the United States upon certiorari or certification as provided in section 1254 of title 28, United States Code. 20 USC 1418. AMENDMENTS RELATING TO EVALUATION SEC. 8. Section 618 of the Act is amended to read as follows: Programs and projects, data collection. EVALUATION "SEC. 618. (a) The Secretary shall directly or by grant, contract, or cooperative agreement, collect data and conduct studies, investiga- tions, and evaluations— "(1) to assess progress in the implementation of this Act, the impact, and the effectiveness of State and local efforts to pro- vide free appropriate public education to all handicapped chil- dren and youth; and "(2) to provide Congress with information relevant to policy- making and provide Federal, State, and local educational agencies with information relevant to program management, administration, and effectiveness with respect to such education. "(b) In carrying out the responsibilities under this section, the Secretary, on at least an annual basis, shall obtain data concerning programs and projects assisted under this Act, and under other

�