text:
Page:United States Statutes at Large Volume 92 Part 2.djvu/837

 PUBLIC LAW 95-557—OCT. 31, 1978

92 STAT. 2117

POWERS AND DUTIES

SEC. 606. (a)(1) The corporation shall continue the work of the Housing services Urban Reinvestment Task Force in establishing neighborhood hous- programs, ing services programs in neighborhoods throughout the United States, continuation. supervising their progress, and providing them with grants and tech- 42 USC 8105. nical assistance. For the purpose of this paragraph, a neighborhood housing services program may involve a partnership of neighborhood residents and representatives of local governmental and financial institutions, organized as a State-chartered non-profit corporation, working to bring about reinvestment in one or more neighborhoods through a program of systematic housing inspections, increased public investment, increased private lending, increased resident investment, and a revolving loan fund to make loans available at flexible rates and terms to homeowners not meeting private lending criteria. (2) The corporation shall continue the work of the Urban Reinvest- Preservation ment Task Force in identifying, monitoring, evaluating, and providing projects. grants and technical assistance to selected neighborhood preservation projects which show promise as mechanisms for reversing neighborhood decline and improving the quality of neighborhood life. (3) The corporation shall experimentally replicate neighborhood preservation projects which have demonstrated success, and after creating reliable developmental processes, bring the new programs to neighborhoods throughout the United States which in the judgment of the corporation can benefit therefrom, by providing assistance in organizing programs, providing grants in partial support of program costs, and providing technical assistance to ongoing programs. (4) The corporation shall continue the work of the Urban Reinvestment Task Force in supporting Neighborhood Housing Services of America, a nonprofit corporation established to provide services to local neighborhood housing services programs, with support which may include technical assistance and grants to expand its national loan purchase pool and may contract with it for services which it can perform more efficiently or effectively than the corporation. (5) The corporation shall, in making and providing the foregoing grants and technical and other assistance, determine the reporting and management restrictions or requirements with which the recipients of such grants or other assistance must comply. In making such determinations, the corporation shall assure that recipients of grants and other assistance make available to the corportion such information as may be necessary to determine compliance with applicable Federal laws. (b) To carry out the foregoing purposes and engage in the foregoing activities, the corporation is authorized— ^1) to adopt, alter, and use a corporate seal; (2) to have succession until dissolved by Act of Congress; (3) to make and perform contracts, agreements, and commitments; (4) to sue and be sued, complain and defend, in any State, Federal, or other court; (5) to determine its necessary expenditures and the manner in which the same shall be incurred, allowed, and paid, and appoint, employ, and fix and provide for the compensation of consultants, without regard to any other law, except as provided in section 608(d); (6) to settle, adjust, and compromise, and with or without compensation or bene6t to the corporation to release or waive in whole

�


text:
Page:United States Statutes at Large Volume 92 Part 2.djvu/838

 92 STAT. 2118

PUBLIC LAW 95-557—OCT. 31, 1978

or in part, in advance or otherwise, any claim, demand, or right ,,. ,; i of, by, or against the corporation; (7) to invest such funds of the corporation in such investments as the board of directors may prescribe; (8) to acquire, take, hold, and own, and to deal with and dispose of any property; and (9) to exercise all other powers that are necessary and proper to carry out the purposes of this title. Contracts and (c)(1) The corporation may contract with the Office of Neighborgrants, hood Reinvestment of the Federal home loan banks for all staff, services, facilities, and equipment now or in the future furnished by the / Office of Neighborhood Reinvestment to the Urban Reinvestment Task Force, including receiving the services of the Director of the Office of Neighborhood Reinvestment as the corporation's executive director. (2) The corporation shall have the power to award contracts and grants to— (A) neighborhood housing services corporations and other nonprofit corporations engaged in neighborhood preservation activities; and (B) local governmental bodies. Services and (3) The Secretary of Housing and Urban Development, the Federal facilities. Home Loan Bank Board and the Federal home loan banks, the Board of Governors of the Federal Reserve System and the Federal Reserve banks, the Federal Deposit Insurance Corporation, and the Comptroller of the Currency, the National Credit Union Administration or any other department, agency, or other instrumentality of the Federal Government are authorized to provide services and facilities, with or without reimbursement, necessary to achieve the objectives and to carry out the purposes of this title. (d)(1) The corporation shall have no power to issue any shares of stocks, or to declare or pay any dividends. ^ (2) No part of the income or assets of the corporation shall inure to the benefit of any director, officer, or employee, except as reasonable compensation for services or reimbursement for expenses. (3) The corporation may not contribute to or otherwise support any political party or candidate for elective public office. REPORTS AND

Transmittal to President and Congress. 4^USC 8106. /

/

AUDITS

SEC. 607. (a) The corporation shall publish an annual report which shall be transmitted by the corporation to the President and the Congress. (b) The accounts of the corporation shall be audited annually. Such audits shall be conducted in accordance with generally accepted auditing standards by independent certified public accountants who are certified by a regulatory authority of the jurisdiction in which the audit is undertaken. (c) In addition to the annual audit, the financial transactions of the corporation for any fiscal year during which Federal funds are available to finance any portion of its operations may be audited by the General Accounting Office in accordance with such rules and regulations as may be prescribed by the Comptroller General of the United States. The financial transactions of the corporation shall be audited by the General Accounting Office at least once during each three years. (d) For any fiscal year during which Federal funds are available to finance any portion of the corporation's grants or contracts, the General Accounting Office, in accordance with such rules and regulations as may be prescribed by the Comptroller General of the United States, may audit the grantees or contractors of the corporation.

�

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


text:
Page:Folk-lore - A Quarterly Review. Volume 10, 1899.djvu/250

 212 to the bank above the spot where the wizard had lost and was still hunting for his spear-point, Benign-face put his foot on the edge of the bank and sent a mass of gravel and mud down into the river, to force the wizard to give over his search and go home. The latter just leapt up on the opposite bank on his one leg, and presently returned to his search again. Benign-face then caused another large portion of the bank to slide down into the river. This so frightened the wizard this time that he gave over the search and ran home as fast as he could. The boys presently came to the cannibal's keekwilee-house, and, seeing the smoke ascending from the smoke-hole, judged that he was at home, and descended. They found the wizard's wife at work upon a human skin; but the wizard himself was lying on his bed with his blanket drawn over his face, which he did not remove as the boys entered. They sat down round the fire; and presently, as had been agreed upon beforehand. Funny-boy began to talk about the good dinner they had had off a trout they had found in the river that morning. The wizard still kept his head under the blanket, taking no notice of anybody or anything; but when the other brother chimed in and said: "Yes, it was a beautiful fish to look at, but still more beautiful to taste; and the man that speared it and lost that fine copper spear-head must have been very vexed at his ill luck, I should think." The wizard threw the blanket off his head, and said: "What is that I heard you remark about a fish with a copper spear-head in it?" Benign-face now joined in the conversation, and told the wizard that they had found a fine trout that morning floating down the river with a copper spear-head in it. "That was my fish and my spear-head," said the wizard; "I was out spearing this morning and lost it. I set great value on that spearhead, and want it back again." "But," replied Benign-face, "how could this spear belong to you? You do not spear fish, I think. These are not fish bones or fish heads I see around your house; nor is that a fish skin your wife is now at work upon. Tell us now truly, what do you use your copper spear for?" The old wizard, thinking he would get the spear-point back the sooner, told them the true use he put it to, which no sooner had Benign-face heard than he answered: "I knew it all before, and it was I


text:
Page:The Folk-Lore Journal Volume 4 1886.djvu/175

Rh goes to church. The clergyman sees there people who, at other times, are often missing, and with them a great influx of strangers, outsiders from other villages, married sons or daughters who have come to visit the old folks. Such visitors are said to have come a 'Mothering,' and they bring with them a 'Mothering' cake as a present, less or larger, as their means may allow, but always frosted over with sugar. "Neither is this custom confined to the poor. Families of condition are wont to observe it, and the squire's wife of the olden time (nay even down to times yet fully remembered) would betake herself to the kitchen to do what at other times she never condescended to. Mothering-cakes were supposed to be made by the givers, and if Madam wished to send one . . . . the cake was warranted of her own make."—(From a little pamphlet on Midlent Simnels, recently written by a clergyman at Scarborough for Frances Taylor, pastry-cook, of that town; but without date.)

"Unless the apples are christened on St. Peter's Day the crop will not be good; and there ought to be a shower of rain when the people will go through the orchards, but no one seems to know for what purpose exactly."—(Extract from letter, dated 25th September, 1880, written at Elton, in the north of Herefordshire, about six miles from Ludlow in Shropshire, to C. S. Burne.)

A respectable middle-aged labourer (say 42 or 43) tells me that in his boyhood his father was always careful to provide a Christmas Yule-log. On Christmas morning he would put a bit saved from last year's log on the fire, and lay the new log on the top of it, so that it might be kindled from the last year's piece. Before the log was quite burnt out he took it off, extinguished it, and put it by to kindle the next log from. He lived in Herefordshire, just where the three counties of Hereford, Radnor, and Salop meet.—(Told me at Eccleshall, November 1885. C, S. Burne.)


text:
Page:United States Statutes at Large Volume 92 Part 2.djvu/839

 PUBLIC LAW 95-557—OCT. 31, 1978

92 STAT. 2119

(e) The corporation shall conduct or require each grantee or contractor to provide for an annual financial audit. The report of each such audit shall be maintained for a period of at least five years at the principal office of the corporation. AUTHORIZATION

SEC. 608. (a) There are authorized to be appropriated to the corpo- Appropriation ration to carry out this title not to exceed $12,500,000 for fiscal year authorization. 42 USC 8107. 1979. (b) Funds appropriated pursuant to this section shall remain available until expended. (c) Non-Federal funds received by the corporation, and funds received by any recipient from a source other than the corporation, shall be accounted for and reported as receipts and disbursements separate and distinct from Federal funds. (d) The corporation shall prepare annually a business-type budget Annual budget which shall be submitted to the Office of Management and Budget, submittal. under such rules and regulations as the President may establish as to the date of submission, the form and content, the classifications of data, and the manner in which such budget program shall be prepared and presented. The budget of the corporation as modified, amended, Transmittal to or revised by the President shall be transmitted to the Congress as a Congress. part of the annual budget required by the Budget and Accounting Act, 1921. Amendments to the annual budget program may be sub- 31 USC l. mitted from time to time. TITLE VII—NEIGHBORHOOD S E L F - H E L P DEVELOPMENT SHORT TITLE

Neighborhood Self-Help Development Act of 1978.

SEC. 701. This title may be cited as the "Neighborhood Self-Help 42 USC 8121 Development Act of 1978". note. FINDINGS AND PURPOSE

SEC. 702. (a) The Congress finds and declares that— (1) existing urban neighborhoods are a national resource to be conserved and revitalized wherever possible, and that public policy should promote governmental and private programs and activities that further that objective; (2) to be effective, neighborhood conservation and revitalization efforts must involve the fullest possible support and participation of those most directly affected at the neighborhood levels; and (3) an effective way to obtain such support and participation at the neighborhood level is through neighborhood organizations accountable to residents of a particular neighborhood with a demonstrable capacity for developing, assessing, and carrying out projects for neighborhood conservation and revitalization. (b) Therefore, the purposes of this title are (1) to provide grants and other forms of assistance to qualified neighborhood organizations to undertake specific housing, economic or community development, and other appropriate neighborhood conservation and revitalization projects in low- and moderate-income neighborhoods, which are in need of preservation and revitalization, and (2) in the process of pro-

42 USC 8121.

�


text:
Page:United States Statutes at Large Volume 92 Part 2.djvu/840

 92 STAT. 2120

PUBLIC LAW 95-557—OCT. 31, 1978 viding such assistance, to increase the capacity of neighborhood organizations to utilize and coordinate resources available from the public and private sectors and from the residents and neighborhoods themselves, m conserving and revitalizing such neighborhoods. DEFINITIONS

42 USC 8122.

•'

'

SEC. 703. As used in this title— (1) the term "neighborhood organization" means a voluntary, nonprofit organization which (A) is broadly representative of the neighborhood in which the project will be located (and may include representatives of local business, financial and other governmental and nongovernmental entities), (B) is accountable to neighborhood residents with respect to the project being proposed, (C) has an objective the preservation and revitalization of such neighborhood, and (D) is found by the Secretary to have a proven record or demonstrable capacity for developing resources for, and effectively implementing neighborhood conservation and revitalization programs and projects; (2) the term "neighborhood conservation and revitalization projects" includes, but is not limited to, (A) locally initiated programs for housing rehabilitation or the creative reuse or improvement of existing housing; (B) conservation and revitalization of neighborhood retail business areas and the recycling of vacant or underutilized industrial sites, public facilities, and privatelyowned businesses for the purpose of expanding employment opportunities and neighborhood economic development; and (C) energy conservation and weatherization projects; and (3) the term "Secretary" means the Secretary of Housing and Urban Development. AUTHORITY TO PROVIDE ASSISTANCE

Grants. 42 USC 8123. '

-

SEC. 704. (a) The Secretary is authorized to make grants and to provide other forms of assistance to neighborhood organizations for effectively preparing and implementing specific housing, economic and community development, and other appropriate neighborhood conservation and revitalization projects within a particular neighborhood, and to assist such organizations in implementing such projects in partnership with local government and other public and private entities. (b) Grants and other forms of assistance may be made available under this section only if— (1) the assistance will be used for a specific project which is related to and supportive of a conservation or revitalization strategy for the neighborhood in which the project will be located; (2) the project will, to the extent feasible, include a self-help component which involves a contribution of time or resources by neighborhood residents; (3) the project will directly benefit the residents of a low- or moderate-income neighborhood; (4) the project will, to the extent feasible, involve leveraging of resources available from the private sector; (5) the project will, to the extent feasible, involve the coordination of resources available from the local. State, or Federal Government;

�


text:
Page:United States Statutes at Large Volume 92 Part 2.djvu/841

 PUBLIC LAW 95-557—OCT. 31, 1978

92 STAT. 2121

(6) the applicant demonstrates that the residents of the neighborhood where the project will be located, and particularly residents who will be directly affected by the project, have been actively involved in and supportive of the selection of the project, and will continue to be involved in project development, implementation, and evaluation through an effective and continuing participation mechanism; and (7) the applicant provides evidence that identified funding sources support the project and can make funds available contingent on the progress of the project. (c) Grants and other forms of assistance made available under this section shall be used primarily for preparing and the implementation of specific neighborhood housing, economic, and community development projects. No grant or other assistance or portion thereof shall be made available under this section for (1) planning functions which are not directly combined with project implementation, (2) a public works project such as street repair which is not associated with the specific project being funded under this section, (3) operation of a social service program which is not associated with the specific project , being funded under this section, (4) an economic development project which will not primarily benefit the residents of the neighborhood in which it will be located, (5) operating costs of a community group which are not associated with the specific project being fmided under this section, or (6) other purposes which the Secretary may determine are not consistent with the purposes of this title. (d) Grants and other forms of assistance may be made available under this title only if the application contains a certification by the unit of general local government within which the neighborhood to be assisted is located that such assistance is consistent with, and supportive of the specific objectives of that unit of government including housing and community development, economic development, and nei^borhood conservation or revitalization activities being carried ouVby such unit. (e) The Secretary shall consult with the heads of other Federal Consultation and departments and agencies having responsibilities related to the pur- coordination, poses of this title, including the Community Services Administration, with respect to (1) general standards, policies, and procedures to be followed in the administration of this title, and (2) particular assistance actions or approvals which the Secretary believes to be of special interest or concern to one or more of such departments and agencies. The Secretary shall ensure the close coordination of activities assisted under this title with other related Federal, State, and local assistance programs, including the programs of the Community Services Administration, and, with respect to particular assistance actions or approvals, ensure a maximum commitment by the neighborhood organization of its own financial and other resources toward the assisted project. APPROPRIATIONS

SEC. 705. There are authorized to be appropriated for the purpose 42 USC 8124. of carrying out this title not to exceed $15.000,000 for each of the fiscal years 1979 and 1980. Any amount appropriated pursuant to this section shall remain available until expended.

�


text:
Page:United States Statutes at Large Volume 92 Part 2.djvu/842

 92 STAT. 2122

PUBLIC LAW 95-557—OCT. 31, 1978

Livable Cities Act of 1978.

TITLE VIII—LIVABLE CITIES SHORT TITLE

42 USC 8141 note.

SEC. 801. This title may be cited as the "Livable Cities Act of 1978". FINDINGS

42 USC 8141.

SEC. 802. The Congress finds and declares— (1) that artistic, cultural, and historic resources, including urban design, constitute an integral part of a suitable living environment for the residents of the Nation's urban areas, and should be available to all residents of such areas, regardless of income; (2) that the development or preservation of such resources is a significant and necessary factor in restoring and maintaining the vitality of the urban environment, and can serve as a catalyst for improving decaying or deteriorated urban communities and expanding economic opportunities, and for creating a sense of community identity, spirit, and pride; and (3) that the encouragement and support of local initiatives to develop or preserve such resources, particularly in connection with federally assisted housing or community development activities or in communities with a high proportion of low-income residents, is an appropriate function of the Federal Government. PURPOSE

42 USC 8142.

SEC. 803. The primary purpose of this title is to assist the efforts of States, local governmentSj neighborhood and other organizations to provide a more suitable living environment, expand cultural opportunities, and to the extent practicable, stimulate economic opportunities, primarily for the low and moderate income residents of communities and neighborhoods in need of conservation and revitalization, through the utilization, design or development of artistic, cultural, or historic resources. DEFINITIONS

42 USC 8143.

26 USC 501.

SEC. 804. For the purpose of this title— (1) the terms "art" and "arts" include, but are not limited to, architecture (including preservation, restoration, or adaptive use of existing structures), landscape architecture, urban design, interior design, graphic arts, fine arts (including painting and sculpture), performing arts (including music, drama, and dance), literature, crafts, photography, communications media and film, as well as other similar activities which reflect the cultural heritage of the Nation's communities and their citizens; (2) the term "nonprofit organization" means an organization in which no part of its net earnings inures to the benefit of any private stockholder or stockholders, individual or individuals and, if a private entity, which is not disqualified for tax exemption under section 501(c)(3) of the Internal Revenue Code of 1954 by reason of attempting to influence legislation and does not participate in or intervene in (including the publishing or distribution of statements) any political campaign on behalf of any candidate for public office; such organizations may include States and units of local government (including pulilic agencies or special authorities thereof), regional organizations of local gov-

�


text:
Page:Folk-lore - A Quarterly Review. Volume 10, 1899.djvu/251

Rh who carried off your spear-point this morning. I was the fish that enticed you to spear it; but now that you have convicted yourself, I will see that you spear and devour no more people." And speaking thus, he took the wizard by the hair on the top of his head and shook him, transforming him at the same time into a blue jay. And because he held the wizard by the hair on the top of his head as he shook him, all blue jays have now in consequence a top-knot or bunch of feathers standing out from their heads. The cannibal's wife he changed into a mountain-grouse, and thus were both punished for their evil deeds.

From this place the brothers went to the Nicola valley, where they heard there dwelt a quarrelsome tribe of people, who were always at war with their neighbours and never gave them any peace. As Benign-face drew near the valley, the people heard of his approach, and fearing that he would work them harm, they one and all left their homes and fled up the mountain side. But they could not escape their punishment thus. When Benign-face saw them running up the mountain side, he straightway turned them all into little rocks, which may be seen from the waggon-road as one passes to-day. Leaving the Nicola, they travelled back towards the Thompson again, and on their way they came to the land of a very strong and powerful people. This tribe was very rich and possessed the best of everything; but they were fierce and cruel, and made slaves of all the people round. When they neared the outskirts of the village, Benign-face bade his brothers cut a bundle of osiers and make a large basket and put him into it, finishing the mouth of it about him in such a way that he could not fall out. While they were doing this, he made some white and red paint, and when he was presently placed in the basket he took some of each kind in either hand. He now told Funny-boy to put the basket on his shoulders and carry him towards the village. As they thus proceeded a large eagle swooped down and caught the basket containing Benign-face in his talons. He had expected this, and told his brother to let go and allow the eagle to carry him off. This eagle was not a mere bird. It possessed the power of foreknowledge to some extent It knew that Benign-face was coming to punish the people of the village, to whom it was in some way related. Benign-face knew also that this eagle was aware of his purpose and would attempt to thwart him: hence his instructions to his brothers and his


text:
Page:United States Statutes at Large Volume 92 Part 2.djvu/843

 PUBLIC LAW 95-557—OCT. 31, 1978

92 STAT. 2123

ernments and nonprofit societies, neighborhood groups, institutions, organizations, associations or museums; (3) the term "project" means a program or activity intended to carry out the purposes of this title, including programs for neighborhood and community-based arts programs, urban design, user needs design, and the encouragement of the preservation of historic or other structures which have neighborhood or community significance; (4) the term "Secretary" means the Secretary of Housing and Urban Development; (5) the term "Chairman" means the Chairman of the National Endowment for the Arts; (6) the term "Department" means the Department of Housing and Urban Development; and (7) the term "Endowment" means the National Endowment for the Arts. GRANTS TO OR CONTRACTS W I T H

ORGANIZATIONS

SEC. 805. (a) The Secretary is authorized to make grants to, or enter 42 USC 8144. into contracts with, nonprofit organizations for the purpose of enabling such organizations to undertake or support in cities, urban communities, or neighborhoods, projects which the Secretary, in consultation with the Chairman, deterihines will carry out the purposes of this title and which— (1) have substantial artistic, cultural, historical, or design merit, (2) represent community or neighborhood initiatives which have a significant potential for conserving or revitalizing communities or neighborhoods, and for enhancing community or neighborhood identity and pride, and (3) meet the criteria established jointly by the Secretary and the Chairman pursuant to this section. (b) The Secretary and the Chairman shall establish jointly criteria Assistance, and procedures for evaluating and selecting projects to be assisted criteria and under this title. Such criteria shall address, but need not be limited procedures, joint establishment. to— (1) artistic, cultural, historical, or design quality; (2) the degree of broadly based, active involvement of neighborhood residents, community groups, local officials, and persons with expertise in the arts with the proposed project; (3) the degree of or the potential for utilization or stimulation of assistance or cooperation from other Federal, State, and local public and private sources, including arts organizations; (4) the feasibility of project implementation, including the capability of the sponsor organization; (5) the potential contribution to neighborhood revitalization and the creation of a sense of community identity and pride; (6) the potential for stimulating neighborhood economic and community development, particularly for the benefit of persons of low and moderate income; and (7) the potential of utilization of the project by neighborhood residents, particularly residents of low and moderate income, senior citizens, and handicapped persons. (c) No assistance shall be made under this title except upon application therefor submitted to the Secretary in accordance with reg:ulations and procedures established jointly by the Secretary and the Chairman.

�


text:
Page:United States Statutes at Large Volume 92 Part 2.djvu/844

 92 STAT. 2124 Consultation.

Regulations.

Reduction or waiver.

Certification.

PUBLIC LAW 95-557—OCT. 31, 1978

(d) Prior to the approval of any application for assistance under this title, the Secretary shall consult with the Chairman and, in accordance with regulations and procedures established jointly by the Secretary and the Chairman, seek the recommendations of State and local officials and private citizens who have broad knowledge of, or experience or expertise in, community and economic development and revitalization, and of such officials and citizens who have broad knowledge of, or expertise in, the arts. (e) The Secretary, in cooperation with the Chairman, shall prescribe regulations which require that specific portions of the cost of any projects assisted under this title shall be provided from sources other than funds made available under this title. Such matching requirements may vary depending on the type of applicant, and the Secretary may reduce or waive such requirements solely in order to take account of the financial capacity of the applicant. (f) Grants and other assistance may be made available under this title only if the application contains a certification by the unit of general local government in which the project will be located that the project is consistent with and supportive of the objectives of that government for the area in which the project is located. (g) Funds made available under this title shall not be used to supplant other public or private funds. (h) No more than 10 per centum of the funds appropriated for any fiscal year under section 807 shall be available for administrative expenses. COORDINATION AND DEVELOPMENT OF PROGRAM W I T H OTHER FEDERAL AND NONFEDERAL PROGRAMS

42 USC 8145.

SEC. 806. The Secretary shall coordinate the administration of the provisions of this title in cooperation with other Federal agencies and assure that projects assisted under this title are coordinated with ej[forts undertaken by State and local public and private entities, including arts organizations. AUTHORIZATION OF APPROPRIATIONS

42 USC 8146.

SEC. 807. There are authorized to be appropriated for carrying out the purposes of this title not to exceed $5,000,000 for fiscal year 1979, and not to exceed $10,000,000 for fiscal year 1980. Any amounts appropriated under this section shall remain availaible until expended. TITLE IX—MISCELLANEOUS REPORT ON MOBILE HOME CONSTRUCTION AND SAFETY STANDARDS

42 USC 5425.

SEC. 901. (a) The first sentence of section 626(a) of the National Mobile Home Construction and Safety Standards Act of 1974 is amended— (1) by striking out "March 1 of each year" and inserting in lieu thereof "July 1 of every other year beginning with calendar year 1978"; and (2) by striking out "preceding calendar year" and inserting in lieu thereof "two preceding calendar years". (b) The second sentence of section 626(a) of such Act is amended by striking out "such year" in clauses (1), (2), and (5) and "the year" in clause (6) and inserting in lieu thereof "such years" in each such clause.

�


text:
Page:United States Statutes at Large Volume 92 Part 2.djvu/845

 PUBLIC LAW 95-557—OCT. 31, 1978 STATEMENT OF POLICY AND STUDY ON HOUSING

92 STAT. 2125

DISPLACEMENT

SEC. 902. The Congress declares that in the administration of Fed- 42 USC 5313 eral housing and community development programs, consistent with note. other program goals and objectives involuntary displacement of persons from their homes and neighborhoods should be minimized. In Report to furtherance of the objective stated in the preceding sentence, the Sec- Congress. retary of Housing and Urban Development shall conduct a study on the nature and extent of such displacement, and, not later than January 31, 1979, shall report to the Congress on recommendations for the formulation of a national policy to minimize involuntary displacement caused by the implementation of the Department's programs, and to alleviate the problems caused by displacement of residents of the Nation's cities due to residential and commercial development and housing rehabilitation, both publicly and privately financed. I n carrying out such study, the Secretary shall (1) consult with representatives of affected public interest groups, government, and the development and lending industries; (2) provide data on the nature and scope of the displacement problem, both past and projected, and identify steps needed to improve the availability of such data; and (3) report fully on the current legal and regulatory powers and policies of the Department to prevent or compensate for displacement caused by its own programs. REHABILITATION

GUIDELINES

SEC. 903. Title V of the Housing and Urban Development Act of 1970 is amended by adding at the end thereof the following: REHABILITATION

GUIDELINES

"SEC. 511. (a)(1) The Secretary shall develop model rehabilitation uidelines for the voluntary adoption by States and communities to e used in conjunction with existing building codes by State and local officials in the inspection and approval of rehabilitated properties. "(2) Such guidelines shall be developed in consultation with the National Institute of Building Sciences, appropriate national organizations of agencies and officials of State and local governments, representatives of the building industry, and consumer groups, and other interested parties. "(3) The Secretary shall publish such guidelines for public comment not later than one year after the date of enactment of this section, and promulgate them no later than eighteen months after such date of enactment. "(4) The Secretary may furnish technical assistance to State and local governments to facilitate the use and implementation of such guidelines. "(b) The Secretary shall report to Congress not later than thirtysix months after the date of enactment of this section regarding (1) actions taken by State and local governments to adopt guidelines or their equivalents, and (2) recommendations for further action.".

f

ALASKA

HOUSING

12 USC 1701Z-10.

consultation.

Publication,

Report to Congress.

PROGRAM

SEC. 904. (a) Subsection (a) of section 1004 of the Demonstration Loans and grants Cities and Metropolitan Development Act of 1966 is amended to read 42 USC 3371. as follows: "(a) The Secretary of Housing and Urban Development (hereinafter referred to as the 'Secretary') may make loans and grants on

�


text:
Page:United States Statutes at Large Volume 92 Part 2.djvu/846

 92 STAT. 2126

PUBLIC LAW 95-557—OCT. 31, 1978 the basis of need to the regional native housing authorities duly constituted under the laws of the State of Alaska for the purpose of providing planning assistance, housing rehabilitation, and maintaining an adequate administrative structure in conjunction with the provision of housing and related facilities for Alaska residents.". (b) Subsection (b) of such section is amended by inserting before the period at the end thereof the following: ", except that the Secretary may make a grant in excess of such limitation in any case, af ccr consultation with State officials".

'/

PAPERWORK

42 USC 3541.

^ A

 * i

/

REDUCTION

SEC. 905. (a) The Congress finds and declares— (1) that various departments, agencies, and instrumentalities of the Federal Government with responsibilities involving housing and housing finance programs, require, approve, use or otherwise employ a variety of different forms as residential mortgages (or deeds of trust or similar security instruments) as notes secured by those mortgages, and for applications, appraisals and other purposes, and that such duplication of forms constitutes a paperwork burden that adds to the costs imposed on the Nation's homeowners and home buyers: (2) that unnecessary paperwork impairs the effectiveness of Federal housing and housing finance programs; (3) that both single-family and multi-family programs are affected; and (4) that simplification of paperwork imposed by Federal housing and housing finance programs would contribute to achieving the Nation's housing goals by reducing housing costs. (b)(1) Insofar as it is practicable and to the extent permitted by law and to the extent that such action would result in a reduction in paperwork and regulatory burden, the Department of Housing and [Trban Development and the Veterans' Administration shall employ in their respective programs— (A) uniform single-family and multi-family note and mortgage ^ forms; (B) a uniform application form for mortgage approval and commitment for mortgage insurance; ^•• (C) a uniform form for computation of the monthly net effective income of applicants; (D) a uniform property appraisal form; (E) a imiform settlement statement which shall satisfy the requirements of the Real Estate Settlement Procedures Act; and (F) such other consolidated or simplified forms, the consolidation or simplification of which the Secretary of Housing and ••', Urban Development and the Administrator of Veterans' Affairs mutually agree would contribute to a reduction in the paperwork and legulatory burden of housing and housing finance programs administered t3y the agencies. (2) Each agency may employ riders, addenda, or similar forms of modification agreements to adapt such uniform forms to its respective ]irograms and policies, consistent with the goals of minimizing the use and extent of such modification a^-eements and maximizing the suitability of such forms for the use of all participants, public and private. (3) To the extent permitted by law. the President may require the Farmers Home Administration and the Administrator of"the Farmers Home Administration to comply with the requirements of this section

�


text:
Page:United States Statutes at Large Volume 92 Part 2.djvu/847

 PUBLIC LAW 95-557—OCT. 31, 1978

92 STAT. 2127

if such compliance will contribute to a reduction in the paperwork and regulatory burden of housing and housing finance programs administered by the agency. (c) The Director of the Office of Management and Budget shall coordinate and monitor the development and implementation by Federal departments and agencies of the efforts required by subsection (b) and shall report to the Congress on such development and implementation as part of each report required under Public Law 93-556.

Implementation, report to Congress.

HOUSING PRODUCTION REPORT

SEC. 906. Section 1603 of the Housing and Urban Development Act of 1968 is amended to read as follows:

42 USC 1441c.

u REPORT ON GOALS

"SEC. 1603. Not later than January 20 of each year, the President Transmittal to shall transmit to the Congress a report which— Congress. " (1) reviews the progress made in achieving housing production objectives during the preceding year, and in the event that proposed objectives are not achieved, identifies the reasons for the failure; "(2) projects the level, composition, and general location of production and rehabilitation activity during the current year, and reassesses the availability of required resources; "(3) specifies Federal programs and policies to be implemented or recommended in order to achieve the objective; "(4) updates estimates of the housing needs of lower income families, analyzing these needs, insofar as possible, by type of household, housing need, including households with specialized needs, and general location, and in addition, reassesses the capacity of each Federal housing program to serve the needs identified; " (5) reviews the progress made in achieving goals of conserving and upgrading older housing and neighborhoods, expanding homeownership and equal housing opportunities, and assuring reasonable shelter costs; "(6) reports on progress made toward developing new methods for measuring and monitoring progress in achieving these goals; and "(7) identifies legislative and administrative actions which will or should be adopted or implemented during the current year to support achievement of the goals.". AMENDMENTS TO INTERSTATE LAND SALES F U L L DISCLOSURE ACT

SEC. 907. (a) Section 1403(a) of the Interstate Land Sales Full Disclosure Act is amended— 15 USC 1702. (1) by inserting "condominium," after "commercial." in clause (2) by inserting after " 'adverse claims' do not refer to" in clause (10) the following: "United States land patents or Federal grants and reservations similar to United States land patents, nor to"; and

�


text:
Page:United States Statutes at Large Volume 92 Part 2.djvu/848

 92 STAT. 2128

PUBLIC LAW 95-557—OCT. 31, 1978

(3) by striking out the matter which precedes "when—" in clause (11) and inserting in lieu thereof the following: "(11) the sale or lease of real estate which is zoned by the J appropriate governmental authority for industrial or commercial development or which is restricted to such use by a declaration of "?' covenants, conditions, and restrictions which has been recorded in the official records of the city or county in which such real estate is located,". 15 USC 1702. (b) Section 1403 of such Act is amended— (1) by redesignating subsection (b) as subsection (c); and (2) by inserting after subsection (a) thereof the following: "(b) Unless the method of disposition is adopted by the purpose of 15 USC evasion of this title, the requirements of sections 1405 through 1408 1704-1707. shall not apply to the sale or lease of a lot which is located within a municipality or county where a unit of local government specifies minimum standards for the development of subdivision lots taking place within its boundaries, when— "(1) the subdivision meets all local codes and standards and is either zoned for single family residences or, in the absence of a zoning ordinance, is limited exclusively to single family residences; "(2) the lot is situated on a paved, public street or highway which has been built to a standard acceptable to the unit of local government in which the subdivision is located or a bond or other surety acceptable to the municipality or county in the full amount of the cost of the improvements has been posted to assure completion to such standards and the unit of local government has accepted or is obligated to accept the responsibility of maintaining the public street or highway; "(3) at the time of closing, potable water, sanitary sewage disposal, and electricity have been extended to the lot or the unit of local government is obligated to install such facilities within 180 days. For subdivisions which do not have a central water or sewage disposal system, rather than installation of water or sewer facilities, there must be assurances that an adequate potable water supply is available year-round and that the lot is approved for the installation of a septic tank; "(4) the contract of sale requires delivery of a warranty deed . to the purchaser within 180 days after the signing of the sales contract; "(5) a policy of title insurance is issued in connection with the transaction showing that, at the time of closing, title to the lot purchased or leased is vested in the seller or lessor subject only to such exceptions as may be approved in writing by the purchaser or lessee prior to recordation of the deed or execution of the lease; n c I:;i "(6) each and every purchaser or spouse has made a personal, on the lot inspection of the lot purchased or leased, prior to signing of a contract to purchase or lease; and "(7) there are no direct mail or telephone solicitations or offers of gifts, trips, dinners, or other such promotional techniques to induce prospective purchasers or lessees to visit the subdivision or to purchase or lease a lot.".

�


text:
Page:United States Statutes at Large Volume 92 Part 2.djvu/849

 PUBLIC LAW 95-557—OCT. 31, 1978

92 STAT. 2129

COST-BENEFIT ANALYSIS OF FIELD REORGANIZATIONS

SEC. 908. Section 7 of the Department of Housing and Urban Development Act is amended by adding at the end thereof the following: 42 USC 3535. "(p) A plan for the reorganization of any regional, area, insuring, or other field office of the Department of Housing and Urban Development may take effect only upon the expiration of 90 days after publication in the Federal Register of a cost-benefit analysis of the effect of the plan on each office involved. Such cost-benefit analysis shall include, but not be limited to— " (1) an estimate of cost savings supported by background information detailing the source and substantiating the amount of the savings; "(2) an estimate of the additional cost which will result from the reorganization; " ^3^ a study of the impact on the local economy; and "^4) an estimate of the effect of the reorganization on the availability, accessibility, and quality of services provided for recipients of those services, where any of the above factors cannot be quantified, the Secretary shall provide a statement on the nature and extent of those factors in the cost-benefit analysis.". Approved October 31, 1978.

LEGISLATIVE HISTORY: HOUSE REPORTS: No. 95-1161 accompanying H.R. 12433 (Comm. on Banking, Finance, and Urban Affairs) and No. 95-1792 (Comm. of Confer6nC6).

SENATE REPORT No. 95-871 (Comm. on Banking, Housing, and Urban Affairs). CONGRESSIONAL RECORD, Vol. 124 (1978): July 19, 20, considered and passed Senate. June 23, 28, 29, July 20, 2 1, H.R. 12433 considered and passed House. July 24, considered and passed House, amended, in lieu of H.R. 12433. Oct. 14^ Senate agreed to conference report. Oct. 15, House agreed to conference report.

39-194 O—80—pt. 2

54: Q U

�


text:
Page:United States Statutes at Large Volume 92 Part 2.djvu/850

 92 STAT. 2130

PUBLIC LAW 95-558—NOV. 1, 1978

Public Law 95-558 95th Congress An Act Nov. 1, 1978 [S. 3595]

Rulemaking procedures report. Filing deadline, extension. 15 USC 57a note.

To amend section 202(d) of the Magnuson-Moss Warranty—Federal Trade Commission Improvement Act to extend the deadline for filing a report of rulemaking procedures.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 202(d) of the Magnuson-Moss Warranty—Federal Trade Commission Improvement Act is amended by striking out "July 5, 1978", and inserting in lieu thereof "June 30, 1979". Approved November 1, 1978.

LEGISLATIVE HISTORY: CONGRESSIONAL RECORD, Vol. 124 (1978): Oct. 12, considered and passed Senate. Oct. 13, considered and passed House.

�


text: Category:Easter

title: Category:Easter


text:
Page:United States Statutes at Large Volume 92 Part 2.djvu/851

 PUBLIC LAW 95-559—NOV. 1, 1978

92 STAT. 2131

Public Law 95-559 95th Congress An Act To amend tte Public Health Service Act to revise and extend the program of assistance under that Act for health maintenance organizations.

Nov. 1, 1978 [S. 2534J

Be it enacted by the Senate and House of Representatives of the Health United States of America in Congress assembled, Maintenance Organization SHORT TITLE, REFERENCE TO ACT Amendments of 1978. SECTION 1. (a) This Act may be cited as the "Health Maintenance 42 USC 201 note. Organization Amendments of.1978". (b) Whenever in this Act (other than in section 14) an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Public Health Service Act. 42 USC 201 note. EXTENSION OP PROGRAM

SEC. 2. (a) Section 1304(j) is amended (1) by striking out "may be 42 USC 300e-3. made through September 30, 1978;", and (2) by striking out "1979" and inserting in lieu thereof "1981". (b) Section 1305(d) is amended by striking out "1980" and inserting 42 USC 300e-4. in lieu thereof "1981". (c) Section 1309(a) is amended (1) by striking out "and" after 42 USC 300e-8. "1977,", and (2) by striking out the semicolon and all that follows in that section and inserting in lieu thereof the following: ", $31,000,000 for the fiscal year ending September 30, 1979, $65,000,000 for the fiscal year ending September 30, 1980, and $68,000,000 for the fiscal year ending September 30, 1981.". INITIAL DEVELOPMENT

SEC. 3. (a) The first sentence of section 1304:(b)(2) is amended by 42 USC 300e-3. striking out "includes" and inserting in lieu thereof "means the establishment of a health maintenance organization, the expansion of the services of a health maintenance organization, or the". (b)(1) The first sentence of section 1304(b)(3) is amended by striking out "in the one-year period beginning on" and inserting in lieu thereof "incurred in a period not to exceed three years from". (2) The second sentence of such section is repealed. (c)(1) Subparagraph (A) of section 1304(f)(2) is amended to read as follows: "(A) $1,000,000 through September 30, 1979, and $2,000,000 thereafter, or". (2) Section 1304(f) is amended— (A) by striking out "The amount" in paragraph (2) and inserting in lieu thereof "Except as provided in paragraph (3), the amount"; (B) by striking out" (except as provided in paragraph (3)) " in paragraph (2); and (C) by inserting after " (3) " in paragraph (3) the following: "The cumulative total of grants made to, contracts entered into with, and principal of loans guaranteed for, a health maintenance

�


text:
Page:United States Statutes at Large Volume 92 Part 2.djvu/852

 92 STAT. 2132

Effective date. 42 USC 300e-3 note.

PUBLIC LAW 95-559—NOV. 1, 1978 organization under subsection (b) of this section may not exceed $1,000,000 through September 30, 1979, or $2,000,000 thereafter.", (d) The amendments made by this section shall only be effective for fiscal years beginning on or after October 1, 1978. I N I T I A L OPERATING LOANS AND LOAN GUARANTEES

42 USC 300e-4.

SEC. 4. (a) Section 1305(b)(1) is amended by— (1) striking out "$2,500,000" and inserting in lieu thereof "$2,500,000 (or $4,000,000 if the Secretary makes a written determination that such loans or loan guarantees are necessary to preserve the fiscally sound operation of the health maintenance organization and to protect against the risk of insolvency of the health maintenance organization and, within 30 days of the making of such loans or loan guarantees, furnishes the Committee on Human Resources of the Senate and the Committee on Interstate and Foreign Commerce of the House of Representatives w i t h written notification of the making of the loans or loan guarantees and a copy of the written determination made with respect to the loans or loan guarantees and the reasons for the determination) through September 30, 1979, and $4,000,000 thereafter"; and (2) striking out "$1,000,000" and inserting in lieu thereof "$1,000,000 (or $2,000,000 if the Secretary makes a written determination that such disbursements are necessary to preserve the fiscally sound operation of the health maintenance organization and protect against the risk of insolvency of the health maintenance organization and, within 30 days of such disbursement, furnishes the Committee on Human Resources of the Senate and the Committee on Interstate and Foreign Commerce of the House of Representatives with written notification of the making of the disbursement and a copy of the written determination made with respect to it and the reasons for the determination) through September 30, 1979, and $2,000,000 thereafter". (b)(1) Section 1305(a) is amended by striking out "operating costs" each place it occurs and inserting in lieu thereof "costs of operation". (2) The second sentence of section 1305(b)(1) is amended by striking out "any fiscal year " and inserting in lieu thereof "any twelvemonth period". (3) The title of section 1305 is amended by striking out "OPERATION COSTS" and inserting in lieu thereof "COSTS OF OPERATION".

42 USC 300e-7.

(c)(1) Section 1308 is amended by adding at the end the following new subsection: " (f) The Secretary may take such action as he deems appropriate to protect the interest of the United States in the event of a default on a loan made or guaranteed under this title, including taking possession of, holding, and using real property pledged as security for such a loan or loan guarantee.". (2)(A) Subsection (d) of section 1308 is amended (i) by inserting before the period in the first sentence of paragraph (1) the following: " and to take the action authorized by subsection (f) ", and (ii) by inserting after "under this title " in the first sentence of paragraph (2) the following: " and to take the action authorized by subsection (f) ". (B) The first sentence of subsection (e) of section 1308 is amended by inserting before the period the following: " and to take the action authorized by subsection (f) ".

�


text:
Page:United States Statutes at Large Volume 92 Part 2.djvu/853

 PUBLIC LAW 95-559—NOV. 1, 1978

92 STAT. 2133

(d) The amendments made by this section shall only be effective for f^ ® ^ ^^ ^ ^ i^ *^)®^® 42 USC 300e-4 fiscal years beginning on or after October 1, 1978. note LOANS AND LOAN GUARANTEES FOR ACQUISITION AND CONSTRUCTION OF AMBULATORY H E A L T H CARE FACILITIES

SEC. 5. (a) Title X III is amended by inserting after section 1305 the 42 USC 300e. following new section: " L O A N S A N D L O A N GUARANTEES FOR ACQUISITION AND CONSTRUCTION OF AMBULATORY H E A L T H CARE FACILITIES

"SEC. 1305A. (a) The Secretary may— "(1) make loans, from the fund established under section 1308 (e), to public and nonprofit private health maintenance organizations for projects for the acquisition or construction of ambulatory health care facilities and for the acquisition of equipment for facilities acquired or constructed under a loan made under this paragraph; and "(2) guarantee to— "(A) non-Federal lenders for their loans to nonprofit private health maintenance organizations for projects described in paragraph (1) and to private health maintenance organizations for such projects which will serve medically underserved populations, and " (B) the Federal Financing Bank for its loans to nonprofit private health maintenance organizations for projects described in paragraph (1) and to private health maintenance organizations for such projects which will serve medically underserved populations, the payment of principal and interest on such loans. "(b)(1) Except as provided in paragraph (2), the aggregate amount of principal of loans made or guaranteed, or both, under subsection (a) for an ambulatory health care facility may not exceed $2,500,000. "(2) The cumulative total of the principal of the loans outstanding at any time which have been directly made or with respect to which guarantees have been issued under subsection (a) may not exceed such limitations as may be specified in appropriation Acts. "(3) The authority of the Secretary to make loans under subsection (a) shall be effective for any fiscal year only to such extent or in such amounts as are provided in advance in appropriation Acts. "(c) For purposes of this section— "(1) The term 'ambulatory health care facility' means a health care facility for the provision of diagnostic, treatment, and prevention services to ambulatory patients; and "(2) the term 'construction' means the (A) construction of new facilities, (B) alterations, expansion, remodeling, replacement, and renovation of existing facilities, (C) cost of offsite improvements in connection with an activity described in clause (A) or (B), and (D) cost of the acquisition of land in connection with an activity described in clause (A), (B), or (C).". (b) Section 1313(4) is amended by inserting before the period the following: "or in meeting the costs of such organizations in acquiring or constructing ambulatory health care facilities".

42 USC 300e-4a. 42 USC 300e-7.

Principal of loans, limitation. Cumulative total, limitation.

"Ambulatory health care facility." "Construction.

42 USC 300e-12.

�


text:
Page:United States Statutes at Large Volume 92 Part 2.djvu/854

 92 STAT. 2134

PUBLIC LAW 95-559—NOV. 1, 1978 CONTINUING DEVELOPMENT ASSISTANCE

42 USC 300e-3. 42 USC 300e-9.

SEC. 6. Section 1304(b) is amended by adding after paragraph (3) the following new paragraph: " (4) A health maintenance organization which is a qualified health maintenance organization within the meaning of section 1310(d) may receive, in accordance with paragraph (1), a grant, contract, or loan guarantee for the expansion of its services or the significant expansion of its membership or the area served by it.". TRAINING AND TECHNICAL ASSISTANCE

42 USC 300e.

SEC. 7. (a) Title X III is amended by adding at the end thereof the following new section: " T R A I N I N G AND TECHNICAL ASSISTANCE

National Health Maintenance Organization Intern Program. Establishment.

42 USC 300e-16.

Travel and other expenses. Payments to organization or other entity.

Technical assistance. 42 USC 300e-2, 300e-3. 42 USC 300e-9.

"SEC. 1317. (a)(1) The Secretary shall establish a National Health Maintenance Organization Intern Program (hereinafter in this subsection referred to as the 'Program') for the purpose of providing training to individuals to become administrators and medical directors of health maintenance organizations or to assume other managerial positions with health maintenance organizations. Under the Program the Secretary may directly provide internships for such training and may make grants to or enter into contracts with health maintenance organizations and other entities to provide such internships. "(2) No internship may be provided by the Secretary and no grant may be made or contract entered into by the Secretary for the provision of internships unless an application therefor has been submitted to and approved by the Secretary. Such an application shall be in such form and contain such information, and be submitted to the Secretary in such manner, as the Secretary shall prescribe. Section 1306 does not apply to an application submitted under this section. " (3) Internships under the Program shall provide for such stipends and allowances (including travel and subsistence expenses and dependency allowances) for the recipients of the internships as the Secretary deems necessary. An internship provided an individual for training at a health maintenance organization or any other entity shall also provide for payments to be made to the organization or other entity for the cost of support services (including the cost of salaries, supplies, equipment, and related items) provided such individual by such organization or other entity. The amount of any such payments to any organization or other entity shall be determined by the Secretary and shall bear a direct relationship to the reasonable costs of the organization or other entity for establishing and maintaining its training programs. "(4) Payments under grants under the Program may be made in advance or by way of reimbursement, and at such intervals and on such conditions, as the Secretary finds necessary. "(b) The Secretary shall provide technical assistance (1) to entities in connection with projects for which assistance is being provided under section 1303 or 1304, (2) to entities intending to become a qualified health maintenance organization within the meaning of section 1310(d), and (3) to health maintenance organizations. The Secretary may provide such technical assistance through grants to public and nonprofit private entities and contracts with public and private entities.

�


text:
Page:United States Statutes at Large Volume 92 Part 2.djvu/855

 PUBLIC LAW 95-559—NOV. 1, 1978

92 STAT. 2135

"(c) The authority of the Secretary to enter into contracts under subsections (a) and (b) shall be effective for any fiscal year only to such extent or in such amounts as are provided in advance by appropriation Acts.". (b) Section 1309(a) is amended by striking out "and 1304(b)" and inserting in lieu thereof "1304(b), and 1317". (c) The amendments made by this section shall only be effective for fiscal years beginning on or after October 1, 1978.

42 USC 300e-8. Ante p. 2134. 42 USC 300e-16 note.

EMPLOYEE H E A L T H BENEFIT PLANS

SEC. 8. (a) Section 1310(c) is amended by adding at the end the 42 USC 300e-9. following: "Each employer which provides payroll deductions as a means of paying emj^loyees' contributions for health benefits or which provides a health benefits plan to which an employee contribution is not required and which is required by subsection (a) to offer his employees the option of membership in a qualified health maintenance organization shall, with the consent of an employee who exercises such option, arrange for the employee's contribution for such membership to be paid through payroll deductions,". (b) Clauses (1) and (2) of section 1310(b) are amended to read as follows: "(1) one or more of such organizations provides basic health services through physicians or other health professionals who are members of the staff of the organization or a medical group (or groups), and "(2) one or more of such organizations provides basic health services through (A) an individual practice association (or associations), or (B) a combination of such association (or associations), medical group (or groups), staff, and individual physicians and other health professionals under contract with the organization,". F I N A N C I A L DISCLOSURE; ENROLLMENT PROTECTION

SEC. 9. (a) Title X III as amended by section 7 is amended by adding 42 USC 300e. at the end the following new section: uFINANCIAL

DISCLOSURE

"SEC. 1318. (a) Each health maintenance organization shall, in accordance with regulations of the Secretary, report to the Secretary financial information which shall include the following: "(1) Such information as the Secretary may require demonstrating that the health maintenance organization has a fiscally sound operation. " (2) The information required to be reported under section 1124 of the Social Security Act by disclosing entities and the information required to be supplied under section 1902(a) (38) of such Act. " (3) A description of transactions, as specified by the Secretary, between the health maintenance organization and a party in interest. Such transactions shall include— "(A) any sale or exchange, or leasing of any property between the health maintenance organization and a party in interest;

42 USC 300e-17.

42 USC 1320a-3. 42 USC 1396a.

�


text:
Page:United States Statutes at Large Volume 92 Part 2.djvu/856

 92 STAT. 2136

Consolidated financial statement. "Party in interest."

Information, availability. Evaluation of transactions.

Number of organizations.

Report to G)ngress.

PUBLIC LAW 95-559~NOV. 1, 1978 "(B) any furnishing for consideration of goods, services (including management services, but excluding health services provided to members b;^ staff, medical group (or groups), individual practice association (or associations), or any combination thereof), or facilities between the health maintenance organization and a party in interest; and "(C) any lending of money or other extension of credit between a health maintenance organization and a party in interest. The Secretary may require that information reported respecting a health maintenance organization which controls, is controlled by, or is under common control with, another entity be in the form of a consolidated financial statement for the organization and such entity. "(b) For the purposes of this section the term 'party in interest' means: " (1) any director, officer, partner, or employee of a health maintenance organization, any person who is directly or indirectly the beneficial owner of more than 6 per centum of the equity of the organization, any person who is the beneficial owner of a mortgage, deed of trust, note, or other interest secured by, and valuing more than 5 per centum of the health maintenance organization, and, in the case of a health maintenance organization organized as a nonprofit corporation, an incorporator or member of such corporation under applicable State corporation law; " (2) any entity in which a person described in paragraph (1) — "(A) is an officer or director; "(B) is a partner (if such entity is organized as a partnership); "(C) has directly or indirectly a beneficial interest of more than 5 per centum of the equity; or "(D) has a mortgage, deed of trust, note, on other interest valuing more than 5 per centum of the assets of such entity; " (3) any person directly or indirectly controlling, controlled by, or under common control with a health maintenance organization; and "(4) any member of the immediate family of an individual described in paragraph (1). "(c) Each health maintenance organization shall make the information reported pursuant to subsection (a) available to its enrollees upon reasonable request. "(d) The Secretary shall, as he deems necessary, conduct an evaluation of transactions reported to the Secretary under subsection (a)(3) for the purpose of determining their adverse impact, if any, on the fiscal soundness and reasonableness of charges to the health maintenance organization with respect to which they transpired. The Secretary shall evaluate the reported transactions of not less than five, or if there are more than twenty health maintenance organizations reporting such transactions, not less than one-fourth of the health maintenance organizations reporting any such transactions under subsection (a)(3). "(e) The Secretary shall file an annual report with the Congress on the operation of this section. Such report shall include— "(1) an enumeration of standards and norms utilized to make the evaluations required under subsection (d);

�


text:
Page:United States Statutes at Large Volume 92 Part 2.djvu/857

 PUBLIC LAW 95-559—NOV. 1, 1978

92 STAT. 2137

"(2) an assessment of the degree of conformity or noncon- Conformity, or formity of each health maintenance organization evaluated by nonconformity. the Secretary mider subsection (d) with such standards and norms; "(3) what action, if any, the Secretary considers necessary under section 1312 with respect to health maintenance organi- 42 USC 300e-ll. zations evaluated under subsection (d). "(f) Nothing in this section shall be construed to confer upon the Rates. Secretary any authority to approve or disapprove the rates charged by any health maintenance organization. "(g) Any health maintenance organization failing to file with the Annual financial Secretary the annual financial statement required in subsection (a) statement, filing. shall be ineligible for any Federal assistance under this title until such time as such statement is received by the Secretary and shall not be a qualified health maintenance organization for purposes of 42 USC 300e-9. section 1310. "(h) Whoever knowingly and willfully makes or causes to be made False statement any false statement or representation of a material fact in any or representation statement filed pursuant to this section shall be guilty of a felony of material fact, and upon conviction thereof shall be fined not more than $25,000 or penalty. imprisoned for not more than five years, or both.". (b) Section 1301(c)(3) is amended (1) by inserting " (A) " after 42 USC 300e. "(3)", and (2) by inserting before the semicolon a comma and the following: "and (B) carry out enrollment of members who are entitled to medical assistance under a State plan approved under title X IX of the Social Security Act in accordance with procedures 42 USC 1396. approved under regulations promulgated by the Secretary". ORGANIZATION REQUIREMENTS

SEC. 10. (a) Section 1301(b) is amended (1) by inserting "except in 42 USC 300e. the case of basic health services provided a member who is a full-time student (as defined by the Secretary) at an accredited institution of higher education," after " (C) " in paragraph (1), and (2) by inserting "unless the supplemental health services payment is for a supplemental health service provided a member who is a full-time student (as defined by the Secretary) at an accredited institution of higher education," after "community rating system" in the second sentence of paragraph (2). (b) Section 1301(c)(1) is amended (1) by inserting " (A) " after "(1)", and (2) by inserting before the semicolon a comma and the following: "and (B) have administrative and managerial arrangements satisfactory to the Secretary". (c) Section 1301(c)(6) is amended (1) by striking out " (6) " and inserting in lieu thereof "(6)(A) in the case of a private health maintenance organization,", (2) by redesignating clauses (A) and (B) as subclauses (i) and (ii), respectively, and (3) by inserting before the semicolon a comma and the following: "and (B) in the case of a public health maintenance organization, have an advisory board to the policymaking body of the public entity operating the organization which board meets the requirements of clause (A) of this paragraph and to which may be delegated policymaking authority for the organization."

�


text:
Page:United States Statutes at Large Volume 92 Part 2.djvu/858

 92 STAT. 2138

PUBLIC LAW 95-559—NOV. 1, 1978 REQUIREMENTS FOR THE PROVISION OF SERVICES

42 USC 300e.

42 USC 300e-l.

Contracts with other than staff physicians, prohibition.

SEC. 11. (a) Paragraph (3) of section 1310(b) is amended to read as follows: "(3)(A) Except as provided in subparagraph (B), the services of a physician vs^hich are provided as basic health services shall be provided through— "(i) members of the staff of the health maintenance organization, '" (ii) a medical group (or groups), "(iii) an individual practice association (or associations), "(iv) subject to subparagraph (C), physicians or other health professionals who have contracted with the health maintenance organization for the provision of such services, or "(v) any combination of such staff, medical group (or groups), individual practice association (or associations) or physicians or other health professionals under contract with the organization. "(B)(i) Subparagraph (A) does not apply to the provision of the services of a physician— " (I) which the health maintenance organization determines, in conformity with regulations of the Secretary, are unusual or infrequently used, or " ( II) which are provided a member of the organization in a manner other than that prescribed by subparagraph (A) because of an emergency which made it medically necessary that the service be provided to the member before it could be provided in a manner prescribed by subparagraph (A), "(ii) In a forty-eight-month period beginning after the month in which a health maintenance organization becomes a qualified health maintenance organization (within the meaning of section 1310(d)), the organization may provide the services of physicians through an entity which but for the requirement of section 1302 (4)(C)(i) would be a medical group for the purposes of this title. After the expiration of such period, the organization may provide physician services through such an entity only if authorized by the Secretary in accordance with regulations which take into consideration the unusual circumstances of such entity. "(C) After the expiration of the first four fiscal years of a health maintenance organization beginning after the month in which it became a qualified health maintenance organization (within the meaning of section 1310(d)), the organization may not enter into contracts with physicians other than members of staff, medical groups, or individual practice associations if the amounts paid under such contracts for basic and supplemental health services provided by physicians exceed 15 per centum of the total estimated amount to be paid in such fiscal year by the health maintenance organization to physicians for the provision of basic and supplemental health services by physicians, or, if the health maintenance organization principally serves a rural area, 30 per centum of such amount, except that this subparagraph does not apply to the entering into contracts for the purchase of physician services through an entity which, but for the requirements of

�


text:
Page:United States Statutes at Large Volume 92 Part 2.djvu/859

 PUBLIC LAW 95-559—NOV. 1, 1978 section 1302(4)(C)(i), would be a medical group for the purposes of this title. "(D) Contracts between a health maintenance organization and health professionals for the provision of basic and supplemental health services shall include such provisions as the Secretary rnay require (including provisions requiring appropriate continuing education). " (E) For purposes of this paragraph the term 'health professional' means physicians, dentists, nurses, podiatrists, optometrists, and such other individuals engaged in the delivery of health services as the Secretary may by regulation designate.". (b) Section 1301(b)(1) is amended by adding at the end the following: "The requirements of this paragraph respecting the basic health services payment shall not apply to the provision of basic health services to a member for an illness or injury for which the member is entitled to benefits under a workmen's compensation law or an insiirance policy but only to the extent such benefits apply to such services. For the provision of such services for an illness or injury for which a member is entitled to benefits under such a law, the health maintenance organization may, if authorized by such law, charge or authorize the provider of such services to charge, in accordance with the charges allowed under such law, the insurance carrier, employer, or other entity which under such law is to pay for the provision of such services or, to the extent that such member has been paid under such law for such services, such member. For the provision of such services for an illness or injury for which a member is entitled to benefits under an insurance policy, a health maintenance organization may charge or authorize the provider of such services to charge the insurance carrier under such policy or, to the extent that such member has been paid under such policy for such services, such member.". (c) The second sentence of section 1301(b)(4) is amended to read as follows: "A member of a health maintenance organization shall be reimbursed by the organization for his expenses in securing basic and supplemental health services other than through the organization if the services were medically necessary and immediately required because of an unforeseen illness, injury, or condition.". (d) Section 1301(b) is amended by adding at the end the following new paragraph: "(5) To the extent that a natural disaster, war, riot, civil insurrection, or any other similar event not within the control of a health maintenance organization (as determined under regulations of the Secretary) results in the facilities, personnel, or financial resources of a health maintenance organization not being available to provide or arrange for the provision of a basic or supplemental health service in accordance with the requirements of paragraphs (1) through (4) of this subsection, such requirements only require the organization to make a good-faith effort to provide or arrange for the provision of such service within such limitation on its facilities, personnel, or resources.". (e) Section 1302(1) is amended by inserting before the second sentence the following: "Such term does not include a health service which the Secretary, upon application of a health maintenance organization, determines is unusual and infrequently provided and not neces-

92 STAT. 2139 42 USC 300e-l.

"Health professional.'

42 USC 300e. Basic health service payment.

Charges by health maintenance organization or provider of services.

Reimbursement.

Natural disaster, war, riot, or other similar event.

42 USC 300e-l.

�


text:
Page:United States Statutes at Large Volume 92 Part 2.djvu/860

 92 STAT. 2140

PUBLIC LAW 95-559—NOV. 1, 1978

sary for the protection of individual health. The Secretary shall Publication in publish in the Federal Register each determination made by him under Federal Register, the preceding sentence.". ADMINISTRATION OP PROGRAM

Repeal. SEC. 1 2. (a)(1) Subsection (h) of section 1310 is repealed. 42 USC 300e-9. (2) Subsection (c) of section 1312 is repealed. Repeal. (b) Section 1306(b)(2) is amended by inserting "in the case of an 42 USC 300e-ll. 42 USC 300e-5. application for assistance under section 1304, 1305, or 1305A," before

"he determines". (c) Section 1306(b) is amended by adding at the end the following new sentence: "In determining, for purposes of paragraph (2), whether an applicant would be able to complete a project or undertaking without the assistance applied for, the Secretary shall not consider any asset of the applicant the obligation of which for such undertaking or project would jeopardize the fiscal soundness of the applicant.". PROGRAM MANAGEMENT

42 USC 300e-13. Grant and loan programs. Report to Congress.

EVALUATION

SEC. 13. Section 1314 is amended by adding at the end thereof the following new subsection: "(d) The Comptroller General shall evaluate the adequacy and effectiveness of the policies and procedures of the Secretary for the management of the grant and loan programs established by this title and the adequacy of the amounts of assistance available under such programs and shall report to the Congress the results of such evaluation not later than May 1, 1979.". AMENDMENTS TO THE SOCIAL SECURITY ACT

42 USC 1396a.

Effective date. 42 USC 1396a note. 42 USC 1396.

SEC. 14. (a)(1) Section 1902(a)(4) of the Social Security Act is amended (A) by striking out "and" at the end of clause (A), and (B) by inserting before the semicolon a comma and the following: "and (C) that each State or local officer or employee who is responsible for the expenditure of substantial amounts of funds under the State plan, each individual who formerly was such an officer or employee, and each partner of such an officer or employee shall be prohibited from committing any act, in relation to any activity under the plan, the commission of which, in connection with any activity concerning the United States Government, by an officer or employee of the United States Government, an individual who was such an officer or employee, or a partner of such an officer or employee is prohibited by section 207 or 208 of title 18, United States Code". (2)(A) Except as provided in subparagraph (B), the amendments made by paragraph (1) shall take effect one hundred and eighty days after the date of the enactment of this Act. (B) In the case of a State plan for medical assistance under title X IX of the Social Security Act which the Secretary determines requires State legislation in order for the plan to meet the requirement added by the amendments made by paragraph (1), such amendments shall not apply with respect to such State plan before ninety days after the close of the first regular session of the State legislature that begins after the date of the enactment of this Act.

�


text:
Page:United States Statutes at Large Volume 92 Part 2.djvu/861

 PUBLIC LAW 95-559—NOV. 1, 1978

92 STAT. 2141

(b) Section 1122 of the Social Security Act is amended— 42 USC (1) by striking out "or health maintenance organizations" each 1320a-l. place it occurs, (2) by striking out "or health maintenance organizations" each place it occurs, and (3) by striking out "or organization, or of any facility of such organization," in subsection (d)(2). (c) Section 1903(m)(1)(B) of the Social Security Act is amended 42 USC 1396b. by striking out "shall be administered through the Assistant Secretary for Health and in the Office of the Assistant Secretary for Health, and the administration of such duties and functions". Approved November 1, 1978.

LEGISLATIVE HISTORY: HOUSE REPORTS: No. 95-1479 accompanying H.R. 13655 (Comm. on Interstate and Foreign Commerce) and No. 95-1784 (Comm. of Conference). SENATE REPORT No. 95-837 (Comm. on Human Resources). CONGRESSIONAL RECORD, Vol. 124 (1978): July 21, considered and passed Senate. Sept. 25, H.R. 13655 considered and passed House; passage vacated and S. 2534, amended, passed in lieu. Oct. 13, House agreed to conference report. Oct. 14, Senate agreed to conference report.

�


text:
Page:United States Statutes at Large Volume 92 Part 2.djvu/862

 92 STAT. 2142

PUBLIC LAW 95-560—NOV. 1, 1978

Public Law 95-560 95th Congress An Act Nov. 1, 1978 [H.R. 8389]

Mrs. Robert F. Kennedy. Gold medal presentation, authorization.

Appropriation authorization.

Authorizing the President of the United States to present a gold medal to the widow of Robert F. Kennedy.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the President is authorized to present, in the name of Congress, an appropriate gold medal to Mrs. Robert F. Kennedy, in recognition of the distinguished and dedicated service which her late husband gave to the Government and to the people of the United States. For such purposes, the Secretary of the Treasury shall cause to be struck a gold medal with suitable emblems, devices, and inscriptions to be determined by the Secretary. There is authorized to be appropriated the sum of $3,000 to carry out the provisions of this section. SEC. 2. The Secretary of the Treasury is authorized to strike and make available for sale to the public— (1) full-sized duplicates in bronze, and (2) replicas in bronze, one and five-sixteenths inches in diameter, of the medal authorized by section 1. Approved November 1, 1978.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-1601 (Comm. on Banking, Finance, and Urban Affairs). SENATE REPORT No. 95-1316 (Comm. on Banking, Housing, and Urban Affairs). CONGRESSIONAL RECORD, Vol. 124 (1978): Sept. 26, considered and passed House. Oct. 15, considered and passed Senate, amended; House disagreed to Senate amendment; Senate subsequently receded from amendment.

�


text:
Page:United States Statutes at Large Volume 92 Part 2.djvu/863

 PUBLIC LAW 95-561—NOV. 1, 1978

92 STAT. 2143

Public Law 95-561 95th Congress An Act To extend and amend expiring elementary and secondary education programs, and for other purposes.

Nov. 1, 1978 [H.R. 15]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembledy That this Act may Education be cited as the "Education Amendments of 1978". Amendments of TABLE OF CONTENTS TITLE I—AMENDMENT TO TITLE I OF THE ELEMENTARY AND SECONDARY EDUCATION ACT OF 1965 Sec. 101. Special educational programs and pro'jects for educationally deprived children. "TITLE I—FINANCIAL ASSISTANCE TO MEET SPECIAL EDUCATIONAL NEEDS OF CHILDREN "Sec. 101. Declaration of policy. "Sec. 102. Duration of assistance. " ' " P A B T A—PEOGEAMS OPEEATED BY LOCAL EDtJCATioNAi AGENCIES

"Subpart 1—Basic Grants "Sec. 111. Grants—Amount and eligibility. "Sec. 112. Treatment of earnings for purposes of aid to families with dependent children. "Subpart 2—Special Grants "Sec, 116. Special incentive grants. "Sec. 117. Grants for local educational agencies in counties with especially high concentrations of children from low-income families. "Subpart 3—Program Requirements and Applications !

"Sec. "Sec. "Sec. "Sec. "Sec. "Sec. "Sec. "Sec. "Sec. "Sec.

121. 122. 123. 124. 125. 126. 127. 128. 129. 130.

Local program application. Designating school attendance areas. Children to be served. Requirements for design and implementation of programs. Parental involvement. Funds allocation. Accountability. Complaint resolution. Individualized plans. Participation of children enrolled in private schools.

"Subpart 4—Exemptions From Certain Program Requirements "Sec. 131. Exclusions from excess costs and comparability provisions for certain special State and local programs. "Sec. 132. Limited exemption to supplement, not supplant, requirement where certain special programs for educationally deprived children are fully funded. "Sec. 133. Schoolwide projects. "Sec. 134. Noninstructional duties.

1978. 20 USC 2701 note.

�


text:
Page:United States Statutes at Large Volume 92 Part 2.djvu/864

 92 STAT. 2144

PUBLIC LAW 95-561—NOV. 1, 1978 " P A S T B—PBOGEAMS OPERATED BY STATE AGENCIES

"Subpart 1—Programs for Migratory Children "Sec. 141. Grants—Entitlement and amount. "Sec. 142. Program requirements. "Sec. 143. Coordination of migrant education activities. "Subpart 2—Programs for Handicapped Children "Sec. 146. Amount and eligibility. "Sec. 147. Program requirements. "Subpart 3—Programs for Neglected and Delinquent Children "Sec. 151. Amount and entitlement. "Sec. 152. Program requirement. "Sec. 153. Transition services.

"

"Subpart 4—General Provisions for State Operated Programs "Sec. 156. Reservation of funds for territories. "Sec. 157. Minimum payments for State operated programs. " P A E T C—STATE ADMINISTRATION OF PROGRAMS AND PROJECTS

"Subpart 1—Applicability; State Applications "Sec. 161. Applicability. "Sec. 162. State applications. "Subpart 2—Duties Imposed on State Educational Agencies "Sec. "Sec. "Sec. "See. "Sec. "Sec. "Sec.

164. 165. 166. 167. 168. 169. 170.

Application approval. State rulemaking. Technical assistance and dissemination of information. Monitoring. Complaint resolution. Withholding of payments. Audits and audit resolution.

"Subpart 3—•Responsibilities of State Educational Agencies to Commissioner "Sec. "Sec. "Sec. "Sec.

171. 172. 173. 174.

State monitoring and enforcement plans. Reporting. Recordkeeping, fiscal control, and fund accounting. Prohibition of consideration of Federal aid in determining State aid.

"PART D—FEDERAL ADMINISTRATION OF PROGRAMS AND PROJECTS

"Sec. "Sec. "Sec. "Sec. "Sec. "Sec. "Sec. "Sec.

181. 182. 183. 184. 185. 186. 187. 188.

Applicability, Approval of applications. Program evaluation. Complaint resolution. Audits and audit resolution. Withholding of payments. Policy manual. Enforcement report. "PART E — P A Y M E N T S

"Sec. "Sec. "Sec. "Sec.

191. Payment methods. 192. Amount of payments to local educational agencies. 193. Adjustments where necessitated by appropriations. 194. Payments for State administration. "PART F—GENERAL PROVISIONS

"Sec. 195. Judicial review. "Sec. 196. National Advisory Council.

�


text:
Page:United States Statutes at Large Volume 92 Part 2.djvu/865

 PUBLIC LAW 95-561—NOV. 1, 1978

92 STAT. 2145

"Sec. 197. Limitation on grant to Puerto Rico. "Sec. 198. Definitions.". Sec. 102. Study of alternatives for demonstrating comparability.

,

TITLE II—ESTABLISHMENT OF A NEW TITLE II OF THE ELEMENTARY AND SECONDARY EDUCATION ACT OF 1965 Sec. 201. Basic skills. "TITLE II—BASIC SKILLS IMPROVEMENT "PART A—NATIONAL PEOGEAM

"Sec. "Sec. "Sec. "Sec. "Sec. "Sec. "Sec. "Sec. "Sec.

201. 202. 203. 204. 205. 206. 207. 208. 209.

Purpose. Applications. Acceptance of gifts. Grants and contracts. Instruction in basic skills. Parental participation in basic skills instruction. Use of technology in basic skills instruction. Involvement of educational agencies and private organizations. Collection and dissemination of information relating to basic skills programs. "Sec. 210. Coordination. "PART B — S T A T E BASIC SKILLS IMPROVEMENT PROGRAM

"Sec. "Sec. "Sec. "Sec.

221. Statement of purpose. 222. Agreements with State educational agencies. 223. Distribution of funds. 224. State leadership program. "PART C—SPECIAL PROGRAMS FOB IMPROVING BASIC SKILLS

"Sec. 231. Inexpensive book distribution program for reading motivation. "Sec. 232. Special mathematics program. "PART D—GENERAL PROVISIONS

"Sec. 241. Authorization of appropriations. "Sec. 242. Apportionment of appropriations.". TITLE III—ESTABLISHMENT OF A NEW TITLE III OP THE ELEMENTARY AND SECONDARY EDUCATION ACT OF 1965 Sec. 301. Special projects.

"TITLE III—SPECIAL PROJECTS "PART A—GENERAL PROVISIONS

"Sec. 301. Statement of purpose. "Sec. 302. Grants and contracts authorized. "Sec. 303. Commissioner's discretionary projects. "PART B—METRIC EDUCATION

"Sec. "Sec. "Sec. "Sec.

311. Short title; declaration of purpose. 312. Program authorized. 313. Application. 314. Authorization of appropriations. "PART C — A R T S I N EDUCATION

"Sec. 321. Short title; statement of findings. "Sec. 322. Program authorized. "Sec. 323. Authorization of appropriations.

39-194 O—80—pt. 2

55: QL3

^ ,

.,,...

�


text:
Page:United States Statutes at Large Volume 92 Part 2.djvu/866

 92 STAT. 2146

PUBLIC LAW 95-561—NOV. 1, 1978 " P A B T D—PKESCHOOL PARTNERSHIP PBOGBAMS

"Sec. 325. Establishment of program. " P A B T B—CONSUMEB EDUCATION

"Sec. "Sec. "Sec. "Sec. "Sec. "Sec.

331. Short title; statement of findings. 332. Oflace of Consumers' Education. 333. Program authorized. 334. Application. 335. Reports and evaluations. 336. Reservation of funds.

'

"PABT F — Y O U T H EMPLOYMENT

"Sec. 341. Program authorized. "Sec. 342. Authorization of appropriations. " P A B T G—LAW-RELATED EDUCATION

"Sec. 346. Short title; declaration of findings. "Sec. 347. Program authorized. "Sec. 348. Authorization of appropriations. "PABT H—ENVIRONMENTAL EDUCATION

"Sec. "Sec. "Sec. "Sec. "Sec. "Sec. "Sec. "Sec.

351. 352. 353. 354. 355. 356. 357. 358.

Short title; declaration of findings; purpose. Office of Environmental Education. Program authorized. Application. Technical assistance. Special grants. . . Administration. Authorization of appropriations.

.

^

"PABT I — H E A L T H EDUCATION

"Sec. "Sec. "Sec. "Sec.

361. 362. 363. 364.

Short title; declaration of purpose. Program authorized. Application. Authorization of appropriations.

•

"PABT J—CoBBEonoN EDUCATION

"Sec. "Sec. "Sec. "Sec.

371. 372. 373. 374.

Short title. Program authorized. Technical assistance. Authorization of appropriations.

. -:.

"PABT K—DISSEMINATION OF INFOB^ATION

"Sec. 376. Dissemination of information. "PABT L—BIOMEDICAL SCIENCES

"Sec. "Sec. "Sec. "Sec. "Sec. "Sec. "Sec.

381. 382. 383. 384. 385. 386. 387.

Findings and purpose. Definitions. Projects for economically disadvantaged students. Project activities. Applications. Use of funds. Appropriations authorized. " P A B T M—POPULATION EDUCATION

"Sec. 391. Short title. "Sec. 392. Program authorized.". TITLE IV—AMENDMENT TO TITLE IV O F THE ELEMENTARY AND SECONDARY EDUCATION ACT O F 1965 Sec. 401. Libraries, learning resources, educational innovation and support.

�


text:
Page:United States Statutes at Large Volume 92 Part 2.djvu/867

 PUBLIC LAW 95-561—NOV. 1, 1978

92 STAT. 2147

"TITLE IV—EDUCATIONAL IMPROVEMENT, RESOURCES, AND SUPPORT "PART A—GENERAL PROVISIONS

"Sec. "Sec. "Sec. "Sec. "Sec. "Sec.

401. 402. 403. 404. 405. 406.

Purpose. Authorization of appropriations. Allotments to States. State plans. Payments to States. Participation of children enrolled in private schools.

"PART B—INSTRUCTIONAL MATERIALS AND SCHOOL LIBRARY RESOURCES

"Sec. 421. Activities authorized. "Sec. 422. Program requirements. "PART C—IMPROVEMENT IN LOCAL EDUCATIONAL PRACTICES

.

"Sec. 431. Activities authorized. "Sec. 432. Program requirements. "PART D—GUIDANCE, COUNSELING, AND TESTING

"Sec. 441. Program authorized. "Sec. 442. Program requirements. "Sec. 443. Administration.".

"^ "

^

TITLE V—ESTABLISHMENT OF NEW TITLE V OF THE ELEMENTARY AND SECONDARY EDUCATION ACT OF 1965 Sec. 501. State leadership. "TITLE V—STATE LEADERSHIP "PART A—ADMINISTRATION OF EDUCATION PROGRAMS AND DUTIES OF THE STATE EDUCATIONAL AGENCY

"Sec. 501. "Sec. 502. "Sec. 503. "Sec. 504. "Sec. 505. "Sec. 506. "Sec. 507. "Sec. 508. "Sec. 509. "Sec. 510.

Single State application. Single local educational agency application. Application approval. State rulemaking. Technical assistance and dissemination of information. Monitoring. Complaint resolution. Withholding of payments. Audits and audit resolution. Payments; authorization.

a

"PART B—STRENGTHENING STATE EDUCATIONAL MANAGEMENT

"Sec. 521. Activities authorized. "Sec. 522. Program requirements. "Sec. 523. Authorization of appropriations. "PART C—COUNCILS ON QUALITY IN EDUCATION

"Sec. 531. National and State advisory councils.". TITLE VI—ESTABLISHMENT OF A NEW TITLE VI OF THE ELEMENTARY AND SECONDARY EDUCATION ACT OF 1965 Sec. 601. Emergency school aid. "TITLE VI—EMERGENCY SCHOOL AID "Sec. 601. Short title. "Sec. 602, Bindings and purpose.

^

/

�


text:
Page:United States Statutes at Large Volume 92 Part 2.djvu/868

 92 STAT. 2148

PUBLIC LAW 95-561—NOV. 1, 1978 "Sec. 603. Policy with respect to the application of certain provisions of Federal law. "Sec. 604. Authorization. "Sec. 605. Apportionment among States. "Sec. 606. Eligibility for assistance. "Sec. 607. Authorized activities. ,,. "Sec. 608. Special programs and projects. "Sec. 609. Metropolitan area projects. "Sec. 610. Applications. "Sec. 611. Educational television and radio. "Sec. 612. Payments. "Sec. 613. Evaluations. "Sec. 614. Joint funding. "Sec. 615. Attorney fees, "Sec. 616. Neighborhood schools. "Sec. 617. Definitions.", TITLE VII—AMENDMENT TO TITLE VII OF THE ELEMENTARY AND SECONDARY EDUCATION ACT OF 1965 Sec. 701. Amendment. "TITLE VII—BILINGUAL EDUCATION PROGRAMS "Sec. 701. Short title. "Sec. 702. Policy; appropriations. "Sec. 703. Definitions; regulations,

.,.

t

•

"PART A — F I N A N C I A L ASSISTANCE FOB BILINGUAL EDUCATION PROQBAMS

"Sec. 721. Bilingual education programs. "Sec. 722. Indian children in schools. "Sec. 723. Training.

. !.>{i.

"PABT B—^ADMINISTRATION

"See. 731. OflBce of Bilingual Education. "Sec. 732. National Advisory Council on Bilingual Education. "PART C—SUPPORTIVE SERVICES AND ACTIVITIES

"See. 741. Administration. "Sec. 742. Bilingual education research and development. "PABT D—CONTINUED BILINGUAL EDUCATION ASSISTANCE

"Sec. 751. Assistance to local educational agencies eligible under the Emergency School Aid Act.". TITLE VIII—ESTABLISHMENT OF A NEW TITLE VIII AND A NEW TITLE IX OF THE ELEMENTARY AND SECONDARY EDUCATION ACT OF 1965 Sec. 801. Community education program authorized. "TITLE VIII—COMMUNITY SCHOOLS "Sec. 801. Short title. "See. 802. Statement of findings and policy. "Sec. 803. Definition of community education program. "Sec. 804. State programs for community education. "Sec. 805. Allotment. "Sec. 806. Use of community education programs for non-Federal contribution in certain Federal programs. "Sec. 807. Uses of funds. "Sec. 808. State plan. "Sec. 809. Grants to local educational agencies. "Sec. 810. Grants to public agencies and nonprofit organizations for delivery of community services through community education.

�


text:
Page:United States Statutes at Large Volume 92 Part 2.djvu/869

 PUBLIC LAW 95-561—NOV. 1, 1978

92 STAT. 2149

"Sec. 811. National leadership and planning. "Sec. 812. Training of community education personnel. "Sec. 813. Research. "Sec. 814. Administration. "Sec. 815. Federal share.". Sec. 802. Additional programs authorized. "TITLE IX—.ADDITIONAL PROGRAMS " P A B T A—GIFTED AND TALENTED CHILDBEN

"Sec. 901. Short title; purpose. "Sec. 902. Definition. "Sec. 903. Authorization of appropriations; apportionment ations. "Sec. 904. State programs. "Sec. 905. Discretionary programs. "Sec. 906. State allotments. "Sec. 907. Administration., "Sec. 908. Federal share.

of

appropri-

"PABT B—EDUCATIONAL PBOFICIENCY STANDARDS

"Sec. 921. Grants to implement educational proficiency standards. "Sec. 922. Achievement testing assistance. " P A B T C — W O M E N ' S EDUCATIONAL E Q I H T T

"Sec. "Sec. "Sec. "Sec. "Sec. "Sec. "Sec. "Sec.

931. 932. 933. 934. 935. 936. 937. 938.

Short title; purpose. Grant and contract authority. Application; participation. Small grants. Criteria and ixriorities. National Advisory Council on Women's Educational Programs. Report. Authorization of appropriations. "PABT D—'SPECIAL GRANTS FOR SAFE SCHOOLS

"Sec. "Sec. "Sec. "Sec.

941. 942. 943. 944.

Purpose. Authorization of appropriations. Allotments to local educational agencies. Application. "PABT E — E T H N I C HEBITAGE PBOGBAM

"Sec. "Sec. "See. 'Sec. "Sec. "Sec. "Sec.

951. Statement of policy. 952. Ethnic heritage studies programs. 953. Authorized activities. 954. Applications. 955. Administrative provisions. 956. National Advisory Council. 957. Authorization of appropriations.".

TITLE IX—AMENDMENTS RELATING TO GENERAL PROVISIONS OF THE ELEMENTARY AND SECONDARY EDUCATION ACT OF 1965 See. 901. Revision of title VIII—^general provisions. TITLE X—IMPACT AID AMENDMENTS PABT A—PUBLIC L A W 874

Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec.

1001. 1002. 1003. 1004. 1005. 1006. 1007. 1008.

General extensions of Public Law 874. Revision of jurisdictional limits on locations of Federal property. Provisions regarding heavily impacted school districts. Absorption. Early payments on the basis of estimates. State equalization. Adjustments necessitated by appropriations. Hearings.

�