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Page:United States Statutes at Large Volume 99 Part 1.djvu/550

 99 STAT. 528

42 USC 293.

42 USC 293b.

Prohibition. 42 USC 293c note.

PUBLIC LAW 99-129—OCT. 22, 1985 "(B) in case of a facility which was not an affiliated hospital or outpatient facility but was a facility with respect to which funds have been paid under paragraph (1) or (3) of section 720(a), the owner of the facility ceases to be a public or nonprofit school, or "(C) in case of a facility which was a facility with respect to which funds have been paid under section 720(a)(2), the owner of the facility ceases to be a public or nonprofit entity, "(2) the facility ceases to be used for the teaching or training purposes (or other purposes permitted under section 722) for which it was constructed, or "(3) the facility is used for sectarian instruction or as a place for religious worship, the United States shall be entitled to recover from the owner of the facility the base amount prescribed by subsection (c)(1) plus the interest (if any) prescribed by subsection (c)(2). "(b) The owner of a facility which ceases to be a public or nonprofit agency, school, or entity as described in subparagraph (A), (B), or (C) of subsection (a)(D, as the case may be, or the owner of a facility the use of which changes as described in paragraph (2) or (3) of subsection (a), shall provide the Secretary written notice of such cessation or change of use within 10 days after the date on which such cessation or change of use occurs or within 30 days after the date of enactment of this subsection, whichever is later. "(c)(l) The base amount that the United States is entitled to recover under subsection (a) is the amount bearing the same ratio to the then value (as determined by the agreement of the parties or in an action brought in the district court of the United States for the district in which the facility is situated) of the facility as the amount of the Federal participation bore to the cost of construction. "(2)(A) The interest that the United States is entitled to recover under subsection (a) is the interest for the period (if any) described in subparagraph (B) at a rate (determined by the Secretary) based on the average of the bond equivalent rates of ninety-one-day Treasury bills auctioned during that period. "(B) The period referred to in subparagraph (A) is the period beginning— "(i) if notice is provided as prescribed by subsection (b), 191 days after the date on which the owner of the facility ceases to be a public or nonprofit agency, school, or entity as described in subparagraph (A), (B), or (C) of subsection (a)(l), as the case may be, or 191 days after the date on which the use of the facility changes as described in paragraph (2) or (3) of subsection (a), or "(ii) if notice is not provided as prescribed by subsection (b), 11 days after the date on which such cessation or change of use occurs, and ending on the date the amount the United States is entitled to recover is collected. "(d) The Secretary may waive the recovery rights of the United States under subsection (a)(2) with respect to a facility (under such conditions as the Secretary may establish by regulation) if the Secretary determines that there is good cause for waiving such rights. "(e) The right of recovery of the United States under subsection (a) shall not, prior to judgment, constitute a lien on any facility.". (b) In the case of any facility that was or is constructed on or before the date of enactment of this Act or within 180 days after the

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Page:United States Statutes at Large Volume 99 Part 1.djvu/551

 PUBLIC LAW 99-129—OCT. 22, 1985 date of enactment of this Act, the period described in clause (i) or (ii), as the case may be, of section 723(c)(2)(B) of the Public Health Service Act (as amended by subsection (a) of this section) shall begin no earlier than 181 days after the date of enactment of this Act. (c) The amendment made by subsection (a) of this section shall not adversely affect other legal rights of the United States. (d) In addition to the authority of the Secretary of Health and Human Services under subsection (d) of section 723 of the Public Health Service Act (as amended by subsection (a) of this section), the Secretary may waive the recovery rights of the United States under subsection (a) of such section 723 with respect to St. Joseph's Hospital in Omaha, Nebraska, if the Secretary determines that adequate provision has been made, through establishment of an irrevocable trust or other legally enforceable means, to assure that the teaching and other obligations assumed with respect to such St. Joseph's Hospital as a condition of assistance under title VII of the Public Health Service Act will continue to be met. (e)(1) Section 858(b) is amended— (A) by striking out "not later than" and inserting in lieu thereof "within"; and (B) by inserting "or within 30 days after the date of enactment of the Health Professions Training Assistance Act of 1985, whichever is later" before the period. (2) Section 858(c)(2)(B) is amended by striking out "(1)" and inserting in lieu thereof "(i)". (3) Section 858(d) is amended by striking out "subsection (a)" and inserting in lieu thereof "subsection (a)(2)". (4) Section 9(c)(2) of the Nurse Education Amendments of 1985 is amended by striking out "subsection (c)(2)(B)(i) of section 858" and inserting in lieu thereof "clause (i) or (ii), as the case may be, of section 858(c)(2)(B)".

99 STAT. 529

42 USC 293c note. Nebraska.

42 USC 292a. Ante, p. 400. 42 USC 298b-5.

Ante, p. 523.

Ante, p. 400. 42 USC 298b-5 note.

HEALTH EDUCATION ASSISTANCE LOAN PROGRAM

SEC. 208. (a)(1) Section 731(a)(l)(A) is amended by striking out 42USe294d. "and" at the end of clause (iii), by redesignating clause (iv) as clause (v), and by inserting after clause (iii) the following: "(iv) if required under section 3 of the Military Selective Service Act to present himself for and submit to 50 USC app. registration under such section, has presented himself 2216. and submitted to registration under such section; and". (2) Section 731(a)(l)(B) is amended by striking out "and" at the end of clause (ii), and by inserting after clause (iii) the following: "(iv) if required under section 3 of the Military Selective Service Act to present himself for and submit to registration under such section, has presented himself and submitted to registration under such section; and". (b)(1) Section 731(a)(2)(B) is amended to read as follows: "(B) provides for repayment of the principal amount of the loan in installments over a period of not less than 10 years (unless sooner repaid) nor more than 25 years beginning not earlier than 9 months nor later than 12 months after the later of— "(i) the date on which— "(I) the borrower ceases to be a participant in an accredited internship or residency program of not more than four years in duration;

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Page:United States Statutes at Large Volume 99 Part 1.djvu/552

 99 STAT. 530

42 USC 294d.

42 USC 294d note.

42 USC 294.

Regulations. 42 USC 294d n°*e.

PUBLIC LAW 99-129—OCT. 22, 1985 "(ID the borrower completes the fourth year of an accredited internship or residency program of more than four years in duration; or "(III) the borrower, if not a participant in a program described in subclause (I) or (II), ceases to carry, at an eligible institution, the normal fulltime academic workload as determined by the institution; or "(ii) the date on which a borrower who is a graduate of an eligible institution ceases to be a participant in a fellowship training program not in excess of two years or a participant in a full-time educational activity not in excess of two years, which— "(I) is directly related to the health profession for which the borrower prepared at an eligible institution, as determined by the Secretary; and "(II) may be engaged in by the borrower during such a two-year period which begins within twelve months after the completion of the borrower's participation in a program described in subclause (I) or (II) of clause (i) or prior to the completion of the borrower's participation in such program, except as provided in subparagraph (C), except that the period of the loan may not exceed 33 years from the date of execution of the note or written agreement evidencing it, and except that the note or other written instrument may contain such provisions relating to repayment in the event of default in the payment of interest or in the payment of the costs of insurance premiums, or other default by the borrower, as may be authorized by regulations of the Secretary in effect at the time the loan is made;". (2) Section 731(a)(2)(C) is amended— (A) by inserting "(including any period in such a program described in subclause (I) or subclause (II) of subparagraph (B)(i))" before the comma in clause (ii); (B) by striking out "or the 33-year period" in clause (vi); (C) by striking out "or" after "National Health Service Corps," in clause (v); and (D) by inserting "or (vii) any period not in excess of two years which is described in subparagraph (B)(ii)," after "Domestic Volunteer Service Act of 1973,". (3)(A) The provisions of clause (i) of section 731(a)(2)(B) of the Public Health Service Act (as amended by paragraph (1) of this subsection) and the provisions of clauses (ii) and (vi) of section 731(a)(2)(C) of such Act (as amended by subparagraphs (A) and (B) of paragraph (2)) shall not apply to any individual who, prior to the date of enactment of this Act, received a loan insured under subpart I of part C of title VII of such Act. (B) The provisions of clause (ii) of section 731(a)(2)(B) of the Public Health Service Act and clause (vii) of section 731(a)(2)(C) of such Act (as added by the amendments made by paragraphs (1) and (2)(D) of this subsection, respectively) shall apply to any loan insured under subpart I of part C of title VII of such Act after the date of enactment of this Act. (4) Within 90 days after the date of enactment of this Act, the Secretary of Health and Human Services shall promulgate regulations to carry out clause (ii) of section 731(a)(2)(B) of the Public

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Author:Pieter Hendrik Kritzinger

Works

 * In the Shadow of Death (1904) with R. D. McDonald

title: Author:Pieter Hendrik Kritzinger


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Page:United States Statutes at Large Volume 99 Part 1.djvu/553

 PUBLIC LAW 99-129—OCT. 22, 1985 Health Service Act and clause (vii) of section 731(a)(2)(C) of such Act (as added by the amendments made by paragraphs (1) and (2)(D) of this subsection, respectively). Such regulations shall— (A) prescribe criteria for the determination of the types of fellowship training programs and full-time educational activities which will be permitted under such clauses; and (B) establish procedures for a borrower to apply to the Secretary for a determination concerning whether a particular fellowship training program or full-time educational activity will be permitted under such clauses. (c)(1) Section 731(b) is amended by striking out "3y2" and inserting in lieu thereof "3". (2) The amendment made by paragraph (1) of this subsection shall apply to any loan insured under subpart I of part C of title VII of the Public Health Service Act after the date of enactment of this Act. (d) Section 731(c) is amended— (1) by striking out "section 731(a)(2)(C)" and inserting in lieu thereof "subsection (a)(2)(C)"; and (2) by inserting before the period a comma and "unless the borrower, in the written agreement described in subsection (a)(2), agrees to make payments during any year or any repayment period in a lesser amount". (e) Section 732(c) is amended— (1) by redesignating clauses (1) and (2) of the second sentence as clauses (A) and (B), respectively; (2) by inserting "(1)" before "The" in the first sentence; (3) by striking out "2 percent per year" in the first sentence and inserting in lieu thereof "8 percent"; (4) by striking out "in advance, at such times" in the first sentence and inserting in lieu thereof "in advance at the time the loan is made"; and (5) by adding at the end thereof the following new paragraph: "(2) The Secretary may not increase the percentage on the principal balance of loans charged pursuant to paragraph (1) for insurance premiums, unless the Secretary has, prior to any such increase— "(A) requested a qualified public accounting firm to evaluate whether an increase in such percentage is necessary to ensure the solvency of the student loan fund established by section 734, and to determine the amount of such an increase, if necessary; and "(B) such accounting firm has recommended such an increase and has determined the amount of such increase necessary to ensure the solvency of such fund. The Secretary may not increase such percentage in excess of the maximum percentage permitted by paragraph (1) or increase such percentage by an amount in excess of the amount of the increase determined by a qualified accounting firm pursuant to this paragraph.". (0 The first sentence of subsection (a) of section 734 and the first sentence of subsection (b) of such section are each amended by inserting "collection or" before "default". (g)(1) Section 729(a) is amended by inserting "allied health," after "public health," each place it appears. (2) Section 737 (as amended by sections 201(c) and 204(c) of this Act) is further amended—

99 STAT. 531

42 USC 294d. 42 USC 294d note. 42 USC 294. 42 USC 294d.

42 USC 294e.

Prohibition.

42 USC 294g.

Prohibition.

42 USC 294g. 42 USC 294b. 42 USC 294j.

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Page:United States Statutes at Large Volume 99 Part 1.djvu/554

 99 STAT. 532

Ante, p. 526. 42 USC 294a.

42 USC 294d.

PUBLIC LAW 99-129—OCT. 22, 1985 (A) by inserting a comma and "allied health," after "public health in paragraph (1); and (B) by adding at the end thereof the following new paragraph: "(4) The term 'school of allied health' means a program in a school of allied health (as defined in section 701(10)) which leads to a masters' degree or a doctoral degree.". (h) Section 728(a) (as amended by section 101 of this Act) is further amended by inserting after the first sentence the following new sentence: "If the total amount of new loans made and installments paid pursuant to lines of credit in any fiscal year is less than the ceiling established for such year, the difference between the loans made and installments paid and the ceiling shall be carried over to the next fiscal year and added to the ceiling applicable to that fiscal year.". (i) Section 731(a)(2) is amended by striking out "and" at the end of subparagraph (F), by redesignating subparagraph (G) as subparagraph (H), and by inserting after subparagraph (F) the following new subparagraph: ' (G) provides that the check for the proceeds of the loan shall be made payable jointly to the borrower and the eligible institution in which the borrower is enrolled; and". HEALTH PROFESSIONS STUDENT IXDAN PROGRAM

42 USC 294m. 42 USC 294n.

SEC. 209. (a)(1) Section 740(b)(4) is amended by inserting "doctor of pharmacy or an equivalent degree," before doctor of podiatry". (2) Section 7410t>) is amended by inserting "doctor of pharmacy or an equivalent degree," before "doctor of podiatry". (3) Section 741(f)(l)(A) is amended by inserting "doctor of pharmacy or an equivalent degree," before "or doctor of podiatry or an equivalent degree". (4) Subpart II of part C of title VII is amended by adding at the end thereof the following new section: "DEFINITION

42 USC 294q-3.

Ante, p. 525. 42 USC 294n.

50 USC app. 2216. 42 USC 294n.

"SEC. 745. For purposes of this subpart, the term 'school of pharmacy' means a public or nonprofit private school in a State that provides training leading to a degree of bachelor of science in pharmacy or an equivalent degree or a degree of doctor of pharmacy or an equivalent degree and which is accredited in the manner described in section 701(5).". (b) Section 741(b) (as amended by subsection (a)(2) of this section) is further amended by inserting "(1) who is" after "student" and by inserting before the period a comma and the following: "(2) who, if pursuing a full-time course of study at the school leading to a degree of doctor of medicine or doctor of osteopathy, is of exceptional financial need (as defined by regulations of the Secretary), and (3) who, if required under section 3 of the Military Selective Service Act to present himself for and submit to registration under such section, has presented himself and submitted to registration under such section.". (c)(1) Section 741(c) is amended to read as follows: "(c) Such loans shall be repayable in equal or graduated periodic installments (with the right of the borrower to accelerate repayment) over the ten-year period which begins one year after the student ceases to pursue a full-time course of study at a school of

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Page:United States Statutes at Large Volume 99 Part 1.djvu/555

 PUBLIC LAW 99-129—OCT. 22, 1985 medicine, osteopathy, dentistry, pharmacy, podiatry, optometry, veterinary medicine, excluding from such ten-year period— "(1) all periods— "(A) not in excess of three years of active duty performed by the borrower as a member of a uniformed service; "(B) not in excess of three years during which the borrower serves as a volunteer under the Peace Corps Act; and "(C) during which the borrower participates in advanced professional training, including internships and residencies; and "(2) a period— "(A) not in excess of two years during which a borrower who is a full-time student in such a school leaves the school, with the intent to return to such school as a full-time student, in order to engage in a full-time educational activity which is directly related to the health profession for which the borrower is preparing, as determined by the Secretary; or "(B) not in excess of two years during which a borrower who is a graduate of such a school is a participant in a fellowship training program or a full-time educationsil activity which— "(i) is directly related to the health profession for which such borrower prepared at such school, as determined by the Secretary; and "(ii) may be engaged in by the borrower during such a two-year period which begins within twelve months after the completion of the borrower's participation in advanced professional training described in paragraph (I)(C) or prior to the completion of such borrower's participation in such training.". (2) The provisions of section 741(c)(2)(A) of the Public Health Service Act (as added by the amendment made by paragraph (1) of this subsection) shall apply to— (A) any individual who received a loan under subpart II of part C of title VII of the Public Health Service Act and to whom the provisions of such section (if such provisions had been in effect) would have applied between June 17, 1982, and July 7, 1983; and (B) any individual who, after the date of enactment of this Act, is a full-time student in a school referred to in such section and who (prior to, on, or after the date of enactment of this Act), receives a loan under such subpart to assist such student in such student's studies in such school. (3) The provisions of section 741(c)(2)(B) of the Public Health Service Act (as added by the amendment made by paragraph (1) of this subsection) shall apply to any loan made under subpart II of part C of title VII of such Act after the date of enactment of this Act. (4) Within 90 days after the date of enactment of this Act, the Secretary of Health and Human Services shall promulgate regulations to carry out section 741(c)(2) of the Public Health Service Act (as added by the amendment made by paragraph (1) of this subsection) with respect to any loan made under subpart II of part C of title VII of such Act on or after the date of enactment of this Act. Such regulations shall— (A) with respect to the provisions of subparagraph (A) of such section—

99 STAT. 533

22 USC 2501 note.

42 USC 294n note.

42 USC 294m.

42 USC 294n note. 42 USC 294m. Regulations. 42 USC 294n note.

42 USC 294m.

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Page:United States Statutes at Large Volume 99 Part 1.djvu/556

 99 STAT. 534

42 USC 294n.

42 USC 294o.

PUBLIC LAW 99-129—OCT. 22, 1985 (i) prescribe criteria for the determination of the types of full-time educational activities which will be permitted under such subparagraph; (ii) require the school in which the borrower was enrolled as a full-time student to determine, prior to the borrower's leaving such school, whether an educational activity in which the student proposes to engage qualifies for purposes of such subparagraph and such regulations; and (B) with respect to the provisions of subparagraph (B) of such section— (i) prescribe criteria for the determination of the types of fellowship training programs and full-time educational activities which will be permitted under such subparagraph; and (ii) establish procedures for a borrower to apply to the Secretary for a determination concerning whether a particular fellowship training program or full-time educational activity will be permitted under such subparagraph. (d) Section 741(i) is amended to read as follows: "(i) Subject to regulations of the Secretary, a school may assess a charge with respect to loans made under this subpart to cover the costs of insuring against cancellation of liability under subsection (d).". (e) Section 741(j) is amended— (1) by inserting "and in accordance with this section" after "Secretary" in the first sentence; (2) by striking out "may" in such sentence and inserting in lieu thereof "shall"; and (3) by striking out the second sentence and inserting in lieu thereof the following: "No such charge may be made if the payment of such installment or the filing of such evidence is made within 60 days after the date on which such installment or filing is due. The amount of any such charge may not exceed an amount equal to 6 percent of the amount of such installment.". (f) Section 741 is amended by adding at the end thereof the following new subsection: "(m) The Secretary is authorized to attempt to collect any loan which was made under this subpart, which is in default, and which was referred to the Secretary by a school with which the Secretary has an agreement under this subpart, on behalf of that school under such terms and conditions as the Secretary may prescribe (including reimbursement from the school's student loan fund for expenses the Secretary may reasonably incur in attempting collection), but only if the school has complied with such requirements as the Secretary may specify by regulation with respect to the collection of loans under this subpart. A loan so referred shall be treated as a debt subject to section 5514 of title 5, United States Code. Amounts collected shall be deposited in the school's student loan fund. Whenever the Secretary desires the institution of a civil action regarding any such loan, the Secretary shall refer the matter to the Attorney General for appropriate action.". (g) Section 742(b) is amended by adding at the end thereof the following new paragraph: "(5) Any funds from a student loan fund established under this subpart which are returned to the Secretary in any fiscal year shall

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text: Author talk:Pieter Hendrik Kritzinger

title: Author talk:Pieter Hendrik Kritzinger


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Page:United States Statutes at Large Volume 99 Part 1.djvu/557

 PUBLIC LAW 99-129—OCT. 22, 1985

99 STAT. 535

be available for allotment under this subpart, in such fiscal year and the fiscal year succeeding such fiscal year, to schools which, during the period beginning on July 1, 1972, and ending on September 30, 1985, established student loan funds with Federal capital contributions under this subpart.". (h) Subpart II of part C of title VII (as amended by subsection (a)(4) of this subsection) is further amended— (1) by redesignating section 745 (as added by subsection (a)(4) 42 USC 294q-3. of this section) as section 747; and (2) by inserting after section 744 the following new sections: "STUDENT LOAN INFORMATION BY INSTITUTIONS

"SEC. 745. (a) With respect to loans made by a school under this 42 USC 294q-i. subpart after June 30, 1986, each school, in order to carry out the provisions of sections 740 and 741, shall, at any time such school Ante, p. 532. makes such a loan to a student under this subpart, provide thorough and adequate loan information on loans made under this subpart to the student. The loan information required to be provided to the student by this subsection shall include— "(1) the yearly and cumulative maximum amounts that may be borrowed by the student; "(2) the terms under which repayment of the loan will begin; "(3) the maximum number of years in which the loan must be repaid; "(4) the interest rate that will be paid by the borrower and the minimum amount of the required monthly payment; "(5) the amount of any other fees charged to the borrower by the lender; "(6) any options the borrower may have for deferral, cancellation, prepayment, consolidation, or other refinancing of the loan; "(7) a definition of default on the loan and a specification of the consequences which will result to the borrower if the borrower defaults, including a description of any arrangements which may be made with credit bureau organizations; "(8) to the extent practicable, the effect of accepting the loan on the eligibility of the borrower for other forms of student assistance; and "(9) a description of the actions that may be taken by the Federal Government to collect the loan, including a description of the type of information concerning the borrower that the Federal Government may disclose to (A) officers, employees, or agents of the Department of Health and Human Services, (B) officers, employees, or agents of schools with which the Secretary has an agreement under this subpart, or (C) any other person involved in the collection of a loan under this subpart. "(b) Each school shall, immediately prior to the graduation from such school of a student who receives a losm under this subpart after June 30, 1986, provide such student with a statement specifying— "(1) each amount borrowed by the student under this subpart; "(2) the total amount borrowed by the student under this subpart; and "(3) a schedule for the repayment of the amounts borrowed under this subpart, including the number, amount, and frequency of payments to be made.

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Page:United States Statutes at Large Volume 99 Part 1.djvu/558

 99 STAT. 536

PUBLIC LAW 99-129—OCT. 22, 1985 "PROCEDURES FOR APPEAL OF TERMINATIONS

42 USC 294q-2.

42 USC 294p. 42 USC 294m. Loans.

Ante, p. 397.

"SEC. 746. In any case in which the Secretary intends to terminate an agreement with a school under this subpart, the Secretary shall provide the school with a written notice specifying such intention and stating that the school may request a formal hearing with respect to such termination. If the school requests such a hearing within 30 days after the receipt of such notice, the Secretary shall provide such school with a hearing conducted by an administrative law judge.". (i) Section 743 is amended by striking out "1987" each place it appears and inserting in lieu thereof "1991". (jKX) Section 740 is amended by adding at the end thereof the following new subsection: "(c)(1) Any standard established by the Secretary by regulation for the collection by schools of medicine, osteopathy, dentistry, pharmacy, podiatry, optometry, or veterinary medicine of loans made pursuant to loan agreements under this subpart shall provide that the failure of any such school to collect such loans shall be measured in accordance with this subsection. "(2) The measurement of a school's failure to collect loans made under this subpart shall be the ratio (stated as a percentage) that the defaulted principal amount outstanding of such school bears to the matured loans of such school. "(3) For purposes of this subsection— "(A) the term 'default' means the failure of a borrower of a loan made under this subpart to— "(i) make an installment payment when due; or "(ii) comply with any other term of the promissory note for such loan, except that a loan made under this subpart shall not be considered to be in default if the loan is discharged in bankruptcy or if the school reasonably concludes from written contacts with the borrower that the borrower intends to repay the loan; "(B) the term 'defaulted principal amount outstanding' means the total amount borrowed from the loan fund of a school that has reached the repayment stage (minus any principal amount repaid or cancelled) on loans— "(i) repayable monthly and in default for at least 120 days; and (ii) repayable less frequently than monthly and in default for at least 180 days; "(C) the term 'grace period' means the period of one year beginning on the date on which the borrower ceases to pursue a full-time course of study at a school of medicine, osteopathy, dentistry, pharmacy, podiatry, optometry, or veterinary medicine; and "(D) the term 'matured loans' means the total principal amount of all loans made by a school under this subpart minus the total principal amount of loans made by such school to students who are— "(i) enrolled in a full-time course of study at such school; or "(ii) in their grace period.". (2) Section 835(c)(3) is amended— (A) by striking out subparagraph (C) and inserting in lieu thereof the following:

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Page:United States Statutes at Large Volume 99 Part 1.djvu/559

 PUBLIC LAW 99-129—OCT. 22, 1985

99 STAT. 537

"(C) the term 'grace period' means the period of nine months beginning on the date on which the borrower ceases to pursue a full-time or half-time course of study at a school of nursing; and"; and (B) by striking out "first" in subparagraph (D)(ii). SCHOLARSHIPS FOR FIRST-YEAR STUDENTS OF EXCEPTIONAL FINANCIAL NEED

SEC. 210. (a) Section 758(b) is amended by redesignating paragraph (3) as paragraph (6) and by striking out paragraph (2) and inserting in lieu thereof the following: "(2) A scholarship provided to a student for a school year under a grant under subsection (a) shall consist of— "(A) payment to, or (in accordance with paragraph (4)) on behaljf of, the student of the amount (except as provided in section 710) of— "(i) the tuition of the student in such school year; and "(ii) all other reasonable educational expenses, including fees, books, and laboratory expenses, incurred by the student in such school year; and "(B) payment to the student of a stipend of $400 per month (adjusted in accordance with paragraph (5)) for each of the 12 consecutive months beginning with the first month of such school year. "(3) Notwithstanding paragraph (2), the total scholarship award to a student for each year shall not exceed the cost of attendance for that year at the educational institution attended by the student (as determined by such educational institution). "(4) The Secretary may contract with an educational institution in which is enrolled a student who has received a scholarship with a grant under subsection (a) for the payment to the educational institution of the amounts of tuition and other reasonable educational expenses described in paragraph (2)(A). Payment to such an educational institution may be made without regard to section 3324 of title 31, United States Code. "(5) The amount of the monthly stipend, specified in paragraph (2)(B) and as previously adjusted (if at all) in accordance with this paragraph, shall be increased by the Secretary for each school year by an amount (rounded to the next highest multiple of $1) equal to the amount of such stipend multiplied by the overall percentage (as set forth in the report transmitted to the Congress under section 5305 of title 5, United States Code) of the adjustment (if such adjustment is an increase) in the rates of pay under the General Schedule made effective in the fiscal year in which such school year ends.". (b) Section 338A(g)(l) is amended by striking out "or under section 758 (relating to scholarships for first-year students of exceptional financial need),".

42 USC 294z.

42 USC 292k.

Contracts,

42 USC 254Z.

CAPITATION GRANTS FOR SCHOOLS OF PUBLIC HEALTH

SEC. 211. (a)(1) Section 770 is amended to read as follows: "CAPITATION G R A N T S FOR SCHOOLS OF PUBLIC HEALTH

"SEC. 770. (a)(1) The Secretary shall make annual grants to schools of public health for the support of the education programs of such

42 USC 295f.

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 99 STAT. 538

Regulations.

PUBLIC LAW 99-129—OCT. 22, 1985 schools. The amount of the annual grant to each such school with an approved application shall be computed for each fiscal year in accordance with paragraphs (2) and (3). "(2) Each school of public health shall receive for the fiscal year ending September 30, 1986, and for each of the next two fiscal years, an amount equal to the product of— "(A) $1,400, and "(B) the sum of (i) the number of full-time students enrolled in degree programs in such school in the school year beginning in such fiscal year, and (ii) the number of full-time equivalents of part-time students enrolled in degree programs in such school, determined pursuant to paragraph (3), for such school for such school year. "(3) For purposes of paragraph (2), the number of full-time equivalents of part-time students for a school of public health for any school year is a number equal to— "(A) the total number of credit hours of instruction in such year for which part-time students of such school, who are pursuing a course of study leading to a graduate degree in public health or an equivalent degree, have enrolled, divided by "(B) the greater of (i) the number of credit hours of instruction which a full-time student of such school was required to take in such year, or (ii) 9, rounded to the next highest whole number. "(b) Notwithstanding subsection (a), if the aggregate of the amounts of the grants to be made in accordance with such subsection for any fiscal year to schools of public health with approved applications exceeds the total of the amounts appropriated for such grants for such schools under subsection (e), the amount of a school's grant for such fiscal year shall be an amount which bears the same ratio to the amount determined for the school under subsection (a) as the total of the amounts appropriated for that year under subsection (e) for grants to schools of public health bears to the amount required to make grants in accordance with subsection (a) to each of the schools of public health with approved applications. "(c)(1) For purposes of this section, regulations of the Secretary shall include provisions relating to the determination of the number of students enrolled in a school or in a particular year-class in a school on the basis of estimates, on the basis of the number of students who in an earlier year were enrolled in a school or in a particular year-class, or on such other basis as the Secretary deems appropriate for making such determination, and shall include methods of making such determination when a school or a year-class was not in existence in an earlier year at a school. "(2) For purposes of this section, the term 'full-time students' (whether such term is used by itself or in connection with a particular year-class) means students pursuing a full-time course of study leading to a graduate degree in public health or equivalent degree. "(d) In the case of a new school of public health which applies for a grant under this section in the fiscal year preceding the fiscal year in which it will admit its first class, the enrollment for purposes of subsection (a) shall be the number of full-time students which the Secretary determines, on the basis of assurances provided by the school, will be enrolled in the school, in the fiscal year after the fiscal year in which the grant is made. "(e) For payments under this section, there are authorized to be appropriated $5,000,000 for the fiscal year ending September 30,

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99 STAT. 589

1986, $5,125,000 for the fiscal year ending September 30, 1987, and $5,250,000 for the fiscal year ending September 30, 1988.". (2) Section 731(a)(l)(A)(ii) is amended by striking out "(as defined 42 USC 294d. in section 770(c)(2))" and inserting in lieu thereof "(as defined in section 770(c)(2) (as such section was in effect on September 30, Ante, p. 537. 1985))". (b) Section 771 is amended to read as follows: 42 USC 295f-i. "ELIGIBILTTY FOR CAPITATION GRANTS

"SEC. 771. (a)(1) The Secretary shall not make a grant under section 770 to any school of public health in a fiscal year beginning after September 30, 1985, unless the application for the grant contains, or is supported by, assurances satisfactory to the Secretary that— "(A) the enrollment of full-time equivalent students enrolled in degree programs in the school in the school year beginning in the fiscal year in which the grant applied for is to be made will not be less than the enrollment of such students in degree programs in the school in the school year beginning in the fiscal year ending September 30, 1983; and "(B) the applicant will expend in carrying out its functions as a school of public health during the fiscal year for which such grant is sought, an amount of funds (other than funds for construction as determined by the Secretary) from non-Federal sources which is at least as great as the amount of funds expended by such applicant for such purpose (excluding expenditures of a nonrecurring nature) in the fiscal year preceding the fiscal year for which such grant is sought. "(2) For purposes of subsection (a)(l)(A), the number of full-time equivalent students enrolled in a degree program in a school in a school year is equal to the sum calculated under section 770(a)(2)(B) for that school year. "(b) The Secretary may waive (in whole or in part) application to a school of public health of the requirement of subsection (a)(l)(A) if the Secretary determines, after receiving the written recommendation of the appropriate accreditation body or bodies (approved for such purpose by the Commissioner of Education) that compliance by such school with such requirement will prevent it from maintaining its accreditation.". (c)(1) Section 772(b) is amended— (A) by striking out "or subsection (a) or (b) of section 788"; (B) by striking out "medicine, osteopathy, dentistry, public health, veterinary medicine, optometry, pharmacy, or podiatry," and inserting in lieu thereof "public health,"; (C) by striking out "Commissioner of Education" and inserting in lieu thereof "Secretary of Education"; and (D) by striking out "Commissioner" each place it appears and inserting in lieu thereof "Secretary of Education". (2) The section heading for section 772 is amended to read as follows:

Prohibition. Ante, p. 537.

Ante, p. 537.

42 USC 295f-2.

"APPLICATIONS FOR CAPITATION GRANTS".

(d) The heading for part E of title VII is amended to read as 42 USC 295f. follows:

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 99 STAT. 540

PUBLIC LAW 99-129—OCT. 22, 1985 "PART E—GRANTS TO IMPROVE THE QUAUTY OF SCHOOLS OF PUBLIC HEALTH". DEPARTMENTS OF FAMILY MEDICINE

SEC. 212. Section 780 is amended by redesignating subsection (c) (as amended by section 103 of this Act) as subsection (d) and by inserting after subsection (h) the following new subsection: "(c) In making grants under subsection (a), the Secretary shall give priority to applicants that demonstrate to the satisfaction of the Secretary a commitment to family medicine in their medical education training programs.". AREA HEALTH EDUCATION CENTERS 42 USC 295g-l.

Contracts.

42 USC 295g-l note.

42 USC 295g-l.

SEC. 213. (a) Section 781(a)(2) is amended by redesignating subparagraphs (A), (B), and (C) as clauses (i), (ii), and (iii), respectively, and by striking out all that precedes clause (i) (as so redesignated) and inserting in lieu thereof the following: "(2)(A) The Secretary shall enter into contracts with schools of medicine and osteopathy— "(i) which have previously received Federal financial assistance for an area health education center program under section 802 of the Health Professionals Educational Assistance Act of 1976 in fiscal year 1979 or under paragraph (1), or "(ii) which are receiving assistance under paragraph (1), to carry out projects described in subparagraph (B) through area health education centers for which Federal financial assistance was provided under paragraph (1) and which are no longer eligible to receive such assistance. "(B) Projects for which assistance may be provided under subparagraph (A) are—". (b) The last sentence of section 781(g) is gmiended by striking out "may" and inserting in lieu thereof "shall", (c) Section 781(d)(2)(F) is amended to read as follows: "(F) conduct interdisciplinary training and practice involving physicians and other health personnel including, where practicable, physician assistants and nurse practitioners;". GENERAL INTERNAL MEDICINE AND GENERAL PEDIATRICS

Grants. Contracts. Education.

SEC. 214. Section 784 is amended by redesignating subsection 0)) (as amended by section 106 of this Act) as subsection (c) and by inserting after subsection (a) the following new subsection: "(b) In making grants and entering into contracts under subsection (a), the Secretary shall give priority to applicants that demonstrate to the satisfaction of the Secretary a commitment to general internal medicine and general pediatrics in their medical education training programs.". FAMILY MEDICINE AND GENERAL DENTISTRY

42 USC 295g-6.

SEC. 215. (a) Section 786(b) is amended— (1) by inserting "or an approved advanced educational program in the general practice of dentistry" before the semicolon in paragraph (1); and (2) by striking out "residents" in paragraph (2) and inserting in lieu thereof "participants".

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 PUBLIC LAW 99-129—OCT. 22, 1985 (b) Section 786 is amended by redesignating subsection (c) (as amended by section 107 of this Act) as subsection (d) and by inserting after subsection (b) the following new subsection: "(c) In making grants and entering into contracts under subsection (a), the Secretary shall give priority to applicants that demonstrate to the satisfaction of the Secretary a commitment to family medicine in their medical education training programs.", (c) Section 786(d) (as amended by section 107 of this Act and redesignated by subsection (b) of this section) is further amended by inserting before the period in the second sentence a comma and "and shall obligate not less than 7.5 percent of such amounts in each such fiscal year for grants under subsection (\))".

99 STAT. 541

Grants. Contracts. Education.

EDUCATIONAL ASSISTANCE TO INDIVIDUALS FROM DISADVANTAGED BACKGROUNDS

SEC. 216. (a) Section 787(a)(l) is amended— (1) by inserting "chiropractic," after "allied health,"; and (2) by inserting after "podiatry" a comma and "public and nonprofit private schools which offer graduate programs in clinical psychology,". (b) Section 787(a)(2) is amended— (1) by striking out "and" after the last comma in subparagraph (D); (2) by striking out the period at the end of subparagraph (E) and inserting in lieu thereof a comma and "and"; and (3) by inserting after subparagraph (E) the following: "(F) paying such stipends as the Secretary may determine for such individuals for any period of health professions education at a school of medicine, osteopathy, or dentistry. The term 'regular course of education of such a school' as used in subparagraph (D) includes a graduate program in clinical psychology.'. (c) Section 7870t>) is amended by adding at the end thereof the following new sentence: "Of the funds appropriated under this section for any fiscal year, 20 percent shall be obligated for stipends under subsection (a)(2)(F) to individuals of exceptional financial need (as defined by regulations promulgated by the Secretary under section 758) who are students at schools of medicine, osteopathy, or dentistry.".

42 USC 295g-7.

42 USC 294z.

SPECIAL PROJECTS

SEC. 217. (a)(l) Section 788(a)(l) is amended to read as follows: "(a)(1) The Secretary may make grants to maintain and improve schools which provide the first or last two years of education leading to the degree of doctor of medicine or osteopathy. Grants provided under this paragraph to schools which were in existence on September 30, 1985, may be used for construction and the purchase of equipment.", (2) Paragraph (2) of section 788(a) is repealed and paragraph (3) of such section is redesignated as paragraph (2). (3) Section 788(a)(2) (as redesignated by paragraph (2) of this subsection) is amended by inserting "or Igist after the first", by inserting "or osteopathy" after "medicine" and by inserting "or be operated jointly with a school that is accredited by" after accredited by". (b) Section 788(b) is amended to read as follows:

Grants. Contracts. Education. 42 USC 295g-

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 99 STAT. 542

Post, p. 543.

Prohibition. Post, p. 543.

42 USC 295g-8. Ante, pp. 525, 526. Aged persons.

PUBLIC LAW 99-129—OCT. 22, 1985 "(b)(1) The Secretary may make grants to and enter into contracts with any health profession, aUied health profession, or nurse training institution, or any other public or nonprofit private entity for projects in areas such as— "(A) health promotion and disease prevention; "(B) curriculum development and training in health policy and policy analysis, including curriculum development and training in areas such as— "(i) the organization, delivery, and financing of health care; "(ii) the determinants of health and the role of medicine in health; and "(iii) the promotion of economy in health professions teaching, health care practice, and health care systems management; "(C) curriculum development in clinical nutrition; "(D) the development of initiatives for assuring the competence of health professionals; and "(E) curriculum and program development and training in applying the social and behavioral sciences to the study of health and health care delivery issues. "(2)(A) Of the amounts available for grants and contracts under this subsection from amounts appropriated under subsection (g), at least 75 percent shall be obligated for grants to and contracts with health professions institutions, allied health institutions, and nurse training institutions. "(B) Any application for a grant to institutions described in subparagraph (A) shall be subject to appropriate peer review by peer review groups composed principally of non-Federal experts. "(C) The Secretary may not approve or disapprove an application for a grant to an institution described in subparagraph (A) unless the Secretary has received recommendations with respect to such application from the appropriate peer review group required under subparagraph (B) and has consulted with the National Advisory Council on Health Professions Education with respect to such application. subsection from amounts appropriated under subsection (g), not more than 25 percent shall be obligated for grants to and contracts with public and nonprofit entities which are not health professions institutions, allied health institutions, or nurse training institutions.". (c) Section 788(d) is amended to read as follows: "(d)(1) The Secretary may make grants to and enter into contracts with accredited health professions schools referred to in section 701(4) or 701(10) and programs referred to in section 701(8) to assist in meeting the costs of such schools or programs of providing projects to— "(A) improve the training of health professioneds in geriatrics; "(B) develop and disseminate curricula relating to the treatment of the health problems of elderly individuals; "(C) expand and strengthen instruction in methods of such treatment; "(D) support the training and retraining of faculty to provide such instruction; "(E) support continuing education of health professionals and allied health professionals who provide such treatment; and
 * (3) Of the amounts available for grants and contracts under this

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99 STAT. 543

"(F) establish new affiliations with nursing homes, chronic and acute disease hospitals, ambulatory care centers, and senior centers in order to provide students with clinical training in geriatric medicine. "(2)(A) Any application for a grant or contract under this subsection shall be subject to appropriate peer review by peer review groups composed principally of non-Federal experts. "(B) The Secretary may not approve or disapprove an application for a grant or contract under this subsection unless the Secretary has received recommendations with respect to such application from the appropriate peer review group required under subparagraph (A) and has consulted with the National Advisory Council on Health Professions Education with respect to such application.". (d) Section 788(f) (as amended by section 109 of this Act) is further amended by adding at the end thereof the following new sentence: "Of the amounts appropriated for each fiscal year to carry out this section— "(1) 25 percent of such amount for the fiscal year ending September 30, 1986; and "(2) 37.5 percent of such amount for each of the fiscal years ending September 30, 1987, and September 30, 1988, shall be available to carry out subsection (d).". (e) Section 788 is amended by redesignating subsection (f) (as amended by section 109 of this Act and subsection (d) of this section) as subsection (g) and by inserting after subsection (e) the following: "(f) The Secretary may make grants to schools of veterinary Animals. Research and medicine for— "(1) the development of curricula for training in the care of development. animals used in research, the treatment of animals while being used in research, and the development of alternatives to the use of animals in research; "(2) the provision of such training; and "(3) large animal care and research.". (f) The heading for section 788 is amended to read as follows: 42 USC 295g-8. TWO-YEAR SCHOOLS OF MEDICINE, INTERDISCIPUNARY TRAINING, AND CURRICULUM DEVELOPMENT ".

ADVANCED FINANCIAL DISTRESS ASSISTANCE

S E C 218. Subsections (b)(1) and (f) of section 788B are each amended by striking out "five" and inserting in lieu thereof "six".

42 USC 295g-8b.

GRADUATE PROGRAMS IN HEALTH ADMINISTRATION

S E C 219. Section 791(c)(2)(A)(i) is amended by inserting before the semicolon a comma and "except that in any case in which the number of minority students enrolled in the graduate educational programs of such entity in such school year will exceed an amount equal to 45 percent of the number of all students that will be enrolled in such programs in such school year, such application shall only be required to contain assurances that at least 20 individuals will complete such programs in such school year".

Minorities. 42 USC 295h.

PROGRAM ELIMINATIONS

SEC. 220. (a) Section 703 is repealed, (b) Section 708(c) is repealed.

42 USC 292c. 42 USC 292h.

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 99 STAT. 544 42 USC

295—295e-5. 42 USC 295g-2. 42 USC 295g-5. 42 USC 295g-8a. 42 USC 295g-8b.

42 USC 295g-9.

PUBLIC LAW 99-129—OCT. 22, 1985 (c) Part D of title VII is repealed. (d) Section 782 is repealed. (e) Section 785 is repealed. (fKl) Section 788A is repealed. (2) The second sentence of section 788B(a) is amended by inserting "(as such section was in effect prior to October 1, 1985)" after "section 788A". (3) Section 788B(f) (as amended by section 218 of this Act) is further amended by striking out the last sentence. (4) Section 788B(h) (as amended by section 110 of this Act) is further amended— (A) by striking out "and section 788A" in the first sentence; and (B) by striking out the second sentence, (g) Section 789 is repealed. ANALYSIS OF FINANCIAL DISINCENTIVES TO CAREER CHOICES IN HEALTH PROFESSIONS

Report. 42 USC 292h note.

SEC. 221. By October 1, 1986, the Secretary of Health and Human Services shall prepare and transmit to the Congress a report which contains— (1) an analysis of any financial disincentive to graduates of health professions schools which affects the specialty of practice chosen by such graduates or the decision of such graduates to practice their profession in an area which lacks an adequate number of health care professionals; and (2) recommendations for legislation and administrative action to correct any disincentives which are identified pursuant to clause (1) and which are contrary to the achievement of national health goals, including recommendations concerning the appropriateness of providing financial assistance to mitigate such disincentives. STUDY ON COMPUANCE WITH SELECTIVE SERVICE ACT

Loans. 50 USC app. 462 note.

50 USC app. 2216. Report.

SEC. 222. The Secretary of Health and Human Services, in cooperation with the Director of Selective Service, shall conduct a study to determine if health professions schools are engaged in a pattern or practice of failure to comply with section 12(f) of the Military Selective Service Act (50 U.S.C. App. 462(f)) (or regulations issued under such section) or are engaged in a pattern or practice of providing loans or work assistance to persons who are required to register under section 3 of such Act (and any proclamation of the President and regulations prescribed under that section) and have not so registered. The Secretary shall complete the study and report its resulte to the Congress not later than one year after the date of enactment of this Act. STUDY OF THE ROLE OF ALLIED HEALTH PERSONNEL IN HEALTH CARE DEUVERY

42 USC 292h note.

SEC. 223. (a)(1) The Secretary of Health and Human Services shall arrange for the conduct of a study concerning the role of allied health personnel in health care delivery. The Secretary shall request the National Academy of Sciences to conduct the study under an arrangement under which the actual expenses incurred by the Academy in conducting such study will be paid by the Secretary and

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 PUBLIC LAW 99-129—OCT. 22, 1985 the Academy will prepare the report required by subsection (c). If the National Academy of Sciences is willing to do so, the Secretary shall enter into such an arrangement with the Academy for the conduct of the study. (2) If the National Academy of Sciences is unwilling to conduct the study required by paragraph (1) under the type of arrangement described in such paragraph, the Secretary shall enter into a similar arrangement with one or more appropriate nonprofit private entities. (b) The study required by subsection (a) shall— (1) assess the role of allied health personnel in health care delivery; (2) identify projected needs, availability, and requirements of various types of health care delivery systems for each type of allied health personnel; (3) investigate current practices under which each type of allied health personnel obtain licenses, credentials, and accreditation; (4) assess changes in programs and curricula for the education of allied personnel and in the delivery of services by such personnel which are necessary to meet the needs and requirements identified pursuant to paragraph (2); and (5) assess the role of the Federal, State, and local governments, educational institutions, and health care facilities in meeting the needs and requirements identified pursuant to paragraph (2). (c) By October 1, 1987, the Secretary of Health and Human Services shall transmit to the Committee on Labor and Human Resources of the Senate and the Committee on Energy and Commerce of the House of Representatives, and make available to the public, a report— (1) describing the study conducted under this section; (2) containing a statement of the data obtained under such study; and (3) specifying such recommendations for legislation and administrative action as the Secretary considers appropriate.

99 STAT. 545

State and local governments.

Report.

STUDY OF THE SUPPLY OF, AND REQUIREMENTS FOR, HEALTH PROFESSIONALS

SEC. 224. (a) The Secretary of Health and Human Services shall conduct or enter into contracts for the conduct of analytic and descriptive studies of chiropractors, clinical psychologists, veterinarians, optometrists, pharmacists, podiatrists, public health professionals, and health administrators. The studies shall include evaluations and projections of the supply of, and requirements for, each such profession by specialty and geographic location. The Secretary shall include in the report submitted on October 1, 1987, under section 708(d)(l) of the Public Health Service Act the results of the studies conducted under this subsection. (b) The authority of the Secretary of Health and Human Services to enter into contracts under subsection (a) shall be effective for any fiscal year only to the extent or in such amounts as are provided in advance by appropriation Acts.

Contracts. 42 USC 292h note.

Report. 42 USC 292h.

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 99 STAT. 546

PUBLIC LAW 99-129—OCT. 22, 1985 STUDY OF THE DEUVERY OF HEALTH CARE SERVICES TO HOMELESS INDIVIDUALS

State and local governments. Report.

SEC. 225. (a) The Secretary of Health and Human Services shall arrange, in accordance with subsection (c), for the conduct of a study of the delivery of inpatient and outpatient health care services to homeless individuals. Such study shall include— (1) an evaluation of whether eligibility requirements in existing health care programs prevent homeless individuals from receiving health care services; (2) an evaluation of the efficiency of the delivery of health care services to homeless individuals; and (3) recommendations for activities by Federal, State, and local governments and private entities that would improve the availability of health care service delivery to homeless individuals. (b) The Secretary shall report the results of the study required by subsection (a) to the Committee on Labor and Humsm Resources of the Senate and the Committee on Energy and Commerce of the House of Representatives not later than September 30, 1986. (c)(1) The Secretary shall request the National Academy of Sciences, acting through the Institute of Medicine, to conduct the study required by subsection (a) under an arrangement whereby the actual expenses incurred by the Academy directly related to the conduct of such study will be paid by the Secretary. If the Academy agrees to such request, the Secretary shall enter into such an agreement with the Academy. (2) If the National Academy of Sciences declines the Secretary's request to conduct such study under such arrangement, then the Secretary, after consultation with the Committee on Labor and Human Resources of the Senate and the Committee on Energy and Commerce of the House of Representatives, shall enter into a similar arrangement with another appropriate public or nonprofit entity to conduct such study. RECOVERY OF ASSISTANCE FOR COMMUNITY MENTAL HEALTH CENTERS

42 USC

300aa-14.

SEC. 226. (a) Section 2115 is amended to read as follows: "RECOVERY

42 USC 2681.

42 USC 2689J.

"SEC. 2115. (a) If any facility with respect to which funds have been paid under the Community Mental Health Centers Act (as such Act was in effect prior to October 1, 1981) is, at any time within twenty years after the completion of remodeling, construction, or expansion or after the date of its acquisition— "(1) sold or transferred to any entity (A) which would not have been qualified to file an application under section 222 of such Act (as such section wsus in effect prior to October 1, 1981) or (B) which is disapproved as a transferee by the State mental health agency or by another entity designated by the chief executive officer of the State, or "(2) ceases to be used by a community mental health center in the provision of comprehensive mental health services, the United States shall be entitled to recover from the transferor, transferee, or owner of the facility, the base amount prescribed by subsection (c)(1) plus the interest (if any) prescribed by subsection (c)(2).

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99 STAT. 547

"(b) The transferor and transferee of a facility that is sold or transferred as described in subsection (a)(1), or the owner of a facility the use of which changes as described in subsection (a)(2), shall provide the Secretary written notice of such sale, transfer, or change within 10 days after the date on which such sale, transfer, or cessation of use occurs or within 30 days after the date of enactment of this subsection, whichever is later. "(c)(l) The base amount that the United States is entitled to recover under subsection (a) is the amount bearing the same ratio to the then value (as determined by the agreement of the parties or in an action brought in the district court of the United States for the district in which the facility is situated) of so much of the facility as constituted an approved project or projects as the amount of the Federal participation bore to the cost of the remodeling, construction, expansion, or acquisition of the project or projects. "(2)(A) The interest that the United States is entitled to recover under subsection (a) is the interest for the period (if any) described in subparagraph (B) at a rate (determined by the Secretary) based on the average of the bond equivalent rates of ninety-one-day Treasury bills auctioned during that period. "(B) The period referred to in subparagraph (A) is the period beginning— "(i) if notice is provided as prescribed by subsection (b), 191 days after the date on which such sale, transfer, or cessation of use occurs, or "(ii) if notice is not provided as prescribed by subsection (b), 11 days after such sale, transfer, or cessation of use occurs, and ending on the date the amount the United States is entitled to recover is collected. "(d) The Secretary may waive the recovery rights of the United States under subsection (a)(2) with respect to a facility (under such conditions as the Secretary may establish by regulation) if the Secretary determines that there is good cause for waiving such rights. "(e) The right of recovery of the United States under subsection (a) Prohibition shall not, prior to judgment, constitute a lien on any facility.". (b) In the case of any facility that was or is constructed, 42 USC 300aa-14 remodeled, expanded, or acquired on or before the date of enactment note. of this Act or within 180 days after the date of enactment of this Act, the period described in clause (i) or (ii), as the case may be, of section 2115(c)(2)(B) of the Public Health Service Act (as amended by subsection (a) of this section) shall begin no earlier than 181 days after the date of enactment of this Act. (c) The amendments made by subsection (a) of this section shall 42 USC 300aa-14 note. not adversely affect other legal rights of the United States. NURSING EDUCATION IN GERIATRICS

SEC. 227. (a)(l) Section 820(a) is amended by redesignating paragraphs (4), (5), (6), (7), and (8) as paragraphs (5), (6), (7), (8), and (9), respectively, and by inserting after paragraph (3) the following new paragraph: "(4) demonstrate improved geriatric training in preventive care, acute care, and long-term care (including home health care and institutional care);". (2) Section 820(d) is amended—

Ante, p. 393.

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 99 STAT. 548

Grants. Contracts. Education. Aged persons. Ante, p. 394. Ante, p. 394.

PUBLIC LAW 99-129—OCT. 22, 1985 (A) by striking out "paragraphs (1) through (5)" in paragraph (1) and inserting in lieu thereof "paragraphs (1) through (6)"; (B) by striking out "paragraphs (6), (7), and (8)" in the first sentence of paragraph (2) and inserting in lieu thereof "paragraphs (7), (8), and (9)"; and (C) by striking out "paragraph (7)" in the second sentence of paragraph (2) and inserting in lieu thereof "paragraph (8)". (b) Section 821(a) is amended by adding at the end thereof the following new sentence: "In making grants and entering into contracts under this section, the Secretary shall give priority to applications for grants and contracts for education projects in geriatric and gerentologiceil nursing.". (c) The second sentence of section 822(a)(l) is amended by inserting "(particularly problems in the delivery of preventive care, acute care, and long-term care (including home health care and institutional care) to such patients)" after "geriatric patients". EFFECTIVE DATE

42 USC 254/ note.

Ante, p. 536.

SEC. 228. (a) Except as provided in subsection (b), this Act and the amendments and repeals made by this Act shall take effect on the date of enactment of this Act. (b)(l) The amendments made by section 101(a) of this Act shall take effect as of October 1, 1985. (2) The amendments made by section 208(e) of this Act shall teike effect nine months after the date of enactment of this Act. (3) The amendment made by section 208(h) of this Act shall take effect as of October 1, 1983. (4) The provisions of section 746 of the Public Health Service Act (as added by the amendment made by section 209(h)(2) of this Act) shall take effect as of June 30, 1984. (5) The amendments made by section 209(j) of this Act shall take effect as of June 30, 1984. (6) The amendments made by section 213(a) of this Act shall take effect as of October 1, 1985. Approved October 22, 1985.

LEGISLATIVE HISTORY—H.R. 2410 (S. 1288): HOUSE REPORT No. 99-145 (Comm. on Energy and Commerce). SENATE REPORT No. 99-105 accompanying S. 1283 (Comm. on Labor and Human RGSourcGs) CONGRESSIONAL RECORD, Vol. 131 (1985): July 15, considered and passed House. July 19, S. 1283 considered in Senate; H.R. 2410, amended, passed in lieu. Oct. 3, House concurred in Senate amendment with amendment. Oct. 4, Senate concurred in House amendment.

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 99 STAT. 549

PUBLIC LAW 99-130—OCT. 28, 1985 Public Law 99-130 99th Congress An Act To provide for the use and distribution of funds awarded in docket 363 to the Mdewakanton and Wahpekute Eastern or Mississippi Sioux before the United States Court of Claims and Claims Court.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. SECTION 1. (a) That notwithstanding any other law, except as provided in subsection (b) of this section, the funds for awards to the Mdewakanton and Wahpekute Sioux appropriated on January 30, 1981 ($800,000), on October 15, 1982 ($591,058), and one-half of the funds appropriated on March 2, 1981 ($7,500), all in docket numbered 363 before the United States Court of Claims, and the funds appropriated on August 1, 1983 ($3,468,246.48), in docket numbered 363 before the United States Claims Court, less attorney fees and litigation expenses, and including all interest and investment income accrued, shall be divided by the Secretary of the Interior (hereinafter the "Secretary") as follows: Percent (1) Santee Sioux Tribe of Nebraska (2) Flandreau Santee Sioux Tribe (3) Prairie Island Sioux, Lower Sioux, and Shakopee Mdewakanton Sioux Communities of Minnesota to be divided on the basis of the respective members of each of the three communities, born on or prior to and living on the date of this Act

58.69 15.84

25.47

(b) To the share of the Santee Sioux Tribe of Nebraska in subsection (a) of this section shall be added $172,363.20, and to the share of the Flandreau Santee Sioux Tribe $135,244.32, both sums appropriated on August 1, 1983, in docket numbered 363, less attorney fees and litigation expenses, and including all interest and investment income accrued. SEC. 2. The share of the Santee Sioux Tribe of Nebraska shall be used and distributed as follows: (a) Eighty per centum of the funds apportioned shall be used and distributed as follows: (1) the Secretary shall make a per capita distribution of $300 to each tribal member born on or prior to and living on the date of this Act, except that those members at least sixty years of age on that date shall be paid $900. (2) the balance of the 80 per centum portion of the funds shall be invested by the Secretary for a tribal investment fund designed to yield periodic dividend payments to all tribal members born on or prior to and living on the dates such dividend payments are declared. Only the interest and investment income accrued shall be available for dividend payments. The amounts and payment dates shall be determined by the tribal governing body with the approval of the Secretary, and the first of such payments shall not be made earlier than five years from the date of the per capita payment in paragraph (1) of this subsection.

Oct. 28, 1985 [S. 1349]

Indians.

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Page:United States Statutes at Large Volume 99 Part 1.djvu/572

 99 STAT. 550

PUBLIC LAW 99-130—OCT. 28, 1985 (b)(1) Twenty per centum of the funds shall be utilized for tribal social and economic development purposes, and for the establishment of a tribal burial fund; $200,000 of such program funds shall be invested by the Secretary for the purpose of establishing a burial fund utilizing the interest and investment income accrued. Such funds shall not be available for burial services until two years after the date of initial investment. The tribal governing body, with the approval of the Secretary, shall develop criteria for the implementation of tribal burial services. (2) The balance of the 20 per centum portion shall be invested by the Secretary and the interest and investment income accrued shall be utilized by the tribal governing body on a budgetary basis, with the approval of the Secretary, for programs designed to enhance the social and economic development of the tribe. None of the 20 per centum programming portion of the funds shall be available for per capita or dividend payments. SEC. 3. The share of the Flandreau Santee Sioux Tribe shall be used and distributed as follows: (a) Twenty-five per centum of the funds shall be distributed in the form of per capita payments to each tribal member born on or prior to and living on the date of the enactment of this Act, except that those members at least sixty years of age as of that date shall be paid twice the amount of other per capita recipients. (b) Seventy-five per centum of the funds (which includes funds previously advanced to the tribal governing body) shall be used by the tribal governing body on a budgetary basis, with approval of the Secretary, for programs designed to enhance the social and economic development of the tribe. None of the 75 per centum programming portion of the funds shall be available for per capita payments. SEC. 4. The share of the Prairie Island Sioux Community shall be used and distributed as follows: (a) Eighty per centum of the funds shall be invested by the Secretary for a Tribal Investment Fund designed to yield periodic dividend payments to all tribal members born on or prior to and living on the dates such dividend payments are declared. Only the interest and investment income accrued shall be available for dividend payments. The amounts and payment dates shall be determined by the tribal governing body with the approval of the Secretary. (b) Twenty per centum of the funds shall be utilized by the tribal governing body on a budgetary basis, with the approval of the Secretary, for programs designed to enhance the social and economic development of the tribe. None of the 20 per centum programming portion of the funds shall be available for per capita or dividend payments. SEC. 5. The share of the Lower Sioux Indian Community shall be used and distributed as follows: (a) Eighty per centum of the funds apportioned shall be used and distributed as follows: (1) the Secretary shall make a per capita distribution of $300 to each tribal member born on or prior to and living on the date of the enactment of this Act; (2) one year from the date that the per capita payments in paragraph (1) of this subsection are made, an additional per capita payment of $300 shall be made to each tribal member who is at least sixty years of age living on such date;

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Page:United States Statutes at Large Volume 99 Part 1.djvu/573

 PUBLIC LAW 99-130—OCT. 28, 1985

99 STAT. 551

(3) the balance of the 80 per centum portion of the funds shall be invested by the Secretary for a Tribal Investment Fund designed to yield periodic dividend payments to all tribal members born on or prior to and living on the dates such dividend payments are declared. Only the interest and investment income accrued shall be available for dividend payments. The amounts and payment dates shall be determined by the tribal governing body with the approval of the Secretary, and the first of such payments shall not be made earlier than five years from the date of the per capita pa3anent in paragraph (1) of this subsection. (h) Twenty per centum of the funds shall be invested by the Secretary and the interest and investment income accrued shall be utilized by the tribal governing body on a budgetary basis, with the approval of the Secretary, for programs designed to enhance the social and economic development of the tribe. None of the 20 per centum programming portion of the funds shall be available for per capita or dividend payments. SEC. 6. The share of the Shakopee Mdewakanton Sioux Community shall be used and distributed as follows: (a) Eighty per centum of the funds shall be invested by the Secretary for a Tribal Investment Fund designed to yield periodic dividend payments to all tribal members born on or prior to and living on the dates such dividend payments are declared. Only the interest and investment income accrued thereon shall be available for dividend pa3niients. The amounts and payment dates shall be determined by the tribal governing body with the approval of the Secretary. (b) Twenty per centum of the funds shall be invested by the Secretary and the interest and investment income accrued shall be utilized by the tribal governing body on a budgetary basis, with the approval of the Secretary, for programs designed to enhance the social and economic development of the tribe. None of the 20 per centum programming portion of the funds shall be available for per capita or dividend payments. GENERAL PROVISION

SEC. 7. (a) No person shall receive benefit payments as a member Prohibition. of more than one of the tribes under this Act. An individual who is a member of more than one of the tribes under this Act must designate the tribe from which he or she will receive per capita or dividend payments prior to receiving a per capita or dividend payment under this Act.

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Page:United States Statutes at Large Volume 99 Part 1.djvu/574

 99 STAT. 552

PUBLIC LAW 99-130—OCT. 28, 1985 (b) The per capita shares or dividend payments of living, competent adults shall be paid directly to them. The shares or payments of deceased individuals, legal incompetents and minors, shall be determined and distributed under regulations prescribed by the Secretary pursuant to the Act of October 19, 1973 (87 Stat. 466), as amended (96 Stat. 2512; 25 U.S.C. 1401 et seq.). SEC. 8. Per capita and dividend payment distributions made pursuant to this Act shall be subject to the provisions of section 7 of the Act of October 19, 1973 (87 Stat. 466), as amended (96 Stat. 2515; 25 U.S.C. 1407). Approved October 28, 1985.

LEGISLATIVE HISTORY—S. 1349: HOUSE REPORT No. 99-298 (Comm. on Interior and Insular Affairs). SENATE REPORT No. 99-115 (Comm. on Indian Affairs). CONGRESSIONAL RECORD, Vol. 131 (1985): July 31, considered and passed Senate. Oct. 9, considered and passed House.

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Page:United States Statutes at Large Volume 99 Part 1.djvu/575

 PUBLIC LAW 99-131—OCT. 28, 1985

99 STAT. 553

Public Law 99-131 99th Congress Joint Resolution To designate October 1985 as "National Foster Grandparent Month".

Whereas the Foster Grandparent Program celebrates its twentieth anniversary in 1985; Whereas the Foster Grandparent Program, administered by the national volunteer agency known as the ACTION Agency, was the first Federal program to provide older individuals with opportunities for retirement to service as an alternative to retirement from activity; Whereas older individuals participating in the Foster Grandparent Program have provided unique, personal guidance and care to tens of thousands of physically, emotionally, and mentally handicapped children and children who are abused, neglected, in the juvenile justice system, or in need of special help; Whereas in its first year of operation the Foster Grandparent Program established 33 projects in 27 States and involved 782 Foster Grandparent volunteers; Whereas today approximately 19,000 Foster Grandparents are serving some 65,000 children in 245 projects in the 50 States, the Commonwealth of Puerto Rico, the Virgin Islands, and the District of Columbia; Whereas the growth of the Foster Grandparent Program reflects increasing public and institutional awareness of the enormous benefit that such Program brings to all who participate in it and to the Nation: the volunteers benefit from improved health, increased independence, decreased isolation, and lessened financial burdens; and the children who are served make great gains in their physical, social, and psychological development, and the love of a Foster Grandparent is for many children the first personal warmth and concern they have known; Whereas the service of Foster Grandparent volunteers represents a tremendous return on tax dollars and a great value to the American people; Whereas the Foster Grandparent Program is one of the most meaningful social service programs ever developed, providing older individuals with opportunities to participate crucially and creatively in community service; and Whereas the activities of Foster Grandparent volunteers continue to improve the public attitude concerning older individuals and to demonstrate the importance of using the expertise of retired persons to help solve social problems: Now, therefore, be it

Oct. 28, 1985 [S.J. Res. 92]'

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Page:United States Statutes at Large Volume 99 Part 1.djvu/576

 99 STAT. 554

PUBLIC LAW 99-131—OCT. 28, 1985 Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That October 1985 is designated as "National Foster Grandparent Month", and the President is authorized and requested to issue a proclamation calling upon all government agencies, interested organizations, community groups, and the people of the United States to celebrate the twentieth anniversary of the Foster Grandparent Program by observing such month with appropriate ceremonies and activities. Approved October 28, 1985.

LEGISLATIVE HISTORY—S.J. Res. 92: CONGRESSIONAL RECORD, Vol. 131 (1985): May 3, considered and passed Senate. Oct. 17, considered and passed House.

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Page:United States Statutes at Large Volume 99 Part 1.djvu/577

 PUBLIC LAW 99-132—OCT. 28, 1985

99 STAT. 555

Public Law 99-132 99th Congress Joint Resolution To proclaim October 23, 1985, as "A Time of Remembrance" for all victims of terrorism throughout the world.

Whereas the problem of terrorism has become an international concern that knows no boundaries—religious, racial, political, or national; Whereas thousands of men, women, and children have died at the hands of terrorists in nations around the world, and today terrorism continues to claim the lives of many peace-loving individuals; Whereas October 23, 1983, is the date on which the largest number of Americans were killed in a single act of terrorism—the bombing of the United States compound in Beirut, Lebanon, in which two hundred and forty-one United States servicemen lost their lives; Whereas many of these victims died defending ideals of peace and freedom; and Whereas it is appropriate to honor all victims of terrorism, and in America to console the families of victims, and to cherish the freedom that their sacrifices make possible for all Americans: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled. That October 23, 1985, be proclaimed as "A Time of Remembrance", to urge all Americans to take time to reflect on the sacrifices that have been made in the pursuit of peace and freedom, and to promote active participation by the American people through the wearing of a purple ribbon, a symbol of patriotism, dignity, loyalty, and martyrdom. The President is authorized and requested to issue a proclamation calling upon the departments and agencies of the United States and interested organizations, groups, and individuals to fly United States flags at half staff throughout the world in the hope that the desire for peace and freedom take firm root in every person and every nation. Approved October 28, 1985.

LEGISLATIVE HISTORY—S.J. Res. 104: CONGRESSIONAL RECORD, Vol. 131 (1985): May 3, considered and passed Senate. Oct. 22, considered and passed House.

51-194 O - 88 -

19: QL. 3

Parti

Oct. 28, 1985 [S.J. Res. 104]

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Page:United States Statutes at Large Volume 99 Part 1.djvu/578

 99 STAT. 556

PUBLIC LAW 99-133—OCT. 28, 1985 Public Law 99-183 99th Congress

J^,,. An Act

Oct. 28, 1985 [H.R. 2174]

Indians.

To provide for the transfer to the Colville Business Council of any undistributed portion of amounts appropriated in satisfaction of certain judgments awarded the Confederated Tribes of the Colville Reservation before the Indian Claims Commission.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. TRANSFER OF CERTAIN UNDISTRIBUTED JUDGMENT FUNDS TO THE COLVILLE BUSINESS COUNCIL. (a) TRANSFER OF UNDISTRIBUTED AMOUNTS TO GOVERNING BODY OF

THE TRIBE.—Notwithstanding the Act entitled "An Act to provide for the use and distribution of funds appropriated in satisfaction of certain judgments of the Indian Claims Commission and the United States Court of Claims, and for other purposes." and approved October 19, 1973 (25 U.S.C. 1401 et seq.) or any plan prepared or regulation promulgated by the Secretary of the Interior (hereinafter in this Act referred to as the "Secretary") pursuant to such Act, any portion of the funds appropriated in satisfaction of judgments awarded the Confederated Tribes of the Colville Reservation (hereinafter in this section referred to as the "Tribe") in Dockets Numbered 161, 222, and 224 before the Indian Claims Commission which, on the date of the enactment of this Act, is held in trust by the Secretary for the benefit of the Tribe shall be transferred by the Secretary to the Colville Business Council. (b)

TRANSFER OF INTEREST, ETC., ACCRUED ON FUNDS.—Any

amount held by the Secretary on the date of the transfer required under subsection (a) which is attributable to interest or investment income accrued or accruing on the funds described in such subsection on or before such date shall be transferred by the Secretary to the Colville Business Council. (c) USE OF TRANSFERRED FUNDS AUTHORIZED FOR TRIBAL PUR-

POSES.—Amounts transferred under subsection (a) shall be used for purposes which— (1) the Colville Business Council determines benefit the Tribe, and (2) the Secretary of the Interior approves. Approved October 28, 1985.

LEGISLATIVE HISTORY—H.R. 2174: HOUSE REPORT No. 99-270 (Comm. on Interior and Insular Affairs). CONGRESSIONAL RECORD, Vol. 131 (1985): Oct. 7, considered and passed House. Oct. 15, considered and passed Senate.

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Page:United States Statutes at Large Volume 99 Part 1.djvu/579

 PUBLIC LAW 99-134—OCT. 28, 1985

99 STAT. 557

Public Law 99-134 99th Congress Joint Resolution To designate the week beginning October 6, 1985, as "National Children's Week".

Whereas there are approximately 65 million children in the Nation; Whereas the children of the Nation are its most precious resource and its greatest hope for the future; and Whereas a week designated for the purpose of focusing on the needs of children and the community services available to them will be beneficial both to children and to the future of the Nation: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled. That the week beginning October 6, 1985, hereby is designated "National Children's Week", and the President of the United States is authorized and requested to issue a proclamation calling upon the people of the United States to observe such week with appropriate ceremonies and activities. Approved October 28, 1985.

LEGISLATIVE HISTORY—H.J. Res. 79: CONGRESSIONAL RECORD, Vol. 131 (1985): Oct. 9, considered and passed House. Oct. 18, considered and passed Senate.

Oct. 28, 1985 [H.J. Res. 79]

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Page:United States Statutes at Large Volume 99 Part 1.djvu/580

 99 STAT. 558

PUBLIC LAW 99-135—OCT. 28, 1985 Public Law 99-135 99th Congress Joint Resolution

Oct. 28, 1985 [H.J. Res. 386]

To designate November 24, 1985, as "National Day of Fasting to Raise Funds to Combat Hunger".

Whereas the famine in Africa has caused the death of hundreds of thousands of people and has endangered the Uves of milHons; Whereas the solution to such famine involves not only rushing emergency food and medical supplies to the areas stricken, but also improving agricultural policies and instituting more sophisticated famine prevention practices in such areas; Whereas people from all walks of life and every part of the United States have responded quickly and effectively to every famine which has occurred since World War II and have already raised more than $120,000,000 for emergency relief of the famine in Africa; Whereas the generosity and compassion of the people of the United States should be recognized and commended; Whereas, in Africa, 24 people die of starvation each minute; Whereas more remains to be done to fight starvation in Mrica and in other parts of the world; Whereas our Nation has enough resources to save many lives; Whereas hunger in the United States is a pressing domestic problem that must be addressed through food relief and economic development for those in need; and Whereas fasting is one of the strongest symbolic acts by which solidarity with the plight of fellow human beings may be demonstrated: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That November 24, 1985, is designated as "National Day of Fasting to Raise Funds to Combat Hunger", and the President is authorized and requested to issue a proclamation calling upon the people of the United States to fast, to contribute generously to relief organizations fighting hunger, and to observe such day with appropriate ceremonies and other activities. Approved October 28, 1985.

LEGISLATIVE HISTORY—H.J. Res. 386: CONGRESSIONAL RECORD, Vol. 131 (1985): Oct. 9, considered and passed House. Oct. 16, considered and passed Senate.

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calm that always follows a storm settled down upon the Cliffs the day after the carnival. The talk of the entire summer settlement was Nellie and her prize, and naturally, the little girl herself thought of home and the lonely mother, who was going to receive such a surprise—fifty dollars!

It was a pleasant morning, and Freddie and Flossie were out watching Downy trying to get through the fence that the boys had built to keep him out of the ocean. Freddie had a pretty little boat Uncle William had brought down from the city. It had sails, that really caught the wind, and carried the boat along.

Of course Freddie had a long cord tied to it, so it could not get out of his reach, and while Flossie tried to steer the vessel with a long whip, Freddie made believe he was a Rh


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Page:United States Statutes at Large Volume 99 Part 1.djvu/581

 PUBLIC LAW 99-136—OCT. 28, 1985

99 STAT. 559

Public Law 99-136 99th Congress Joint Resolution Designating the twelve-month period ending on October 28, 1986, as the "Centennial Year of Liberty in the United States".

Whereas the Statue of Liberty (originally called "Liberty Enlightening the World") was a generous gift from the people of France to the people of the United States; Whereas the Statue of Liberty has, since its dedication on October 26, 1886, held high the beacon of freedom, hope and opportunity to welcome millions of immigrants and visitors from foreign lands; Whereas the Statue of Liberty and Ellis Island are in the process of being restored from the ravages of time and weather by the Statue of Liberty-Ellis Island Centennial Foundation, Incorporated; and Whereas this Nation will celebrate the Statue of Liberty's one hundredth anniversary through commemorative events scheduled to take place during the Fourth of July weekend in 1986 and on October 28, 1986: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled. That the twelvemonth period ending on October 28, 1986, is designated as the "Centennial Year of Liberty in the United States", and the President is requested to issue a proclamation calling upon the people of the United States to observe that year with appropriate ceremonies and activities. Approved October 28, 1985.

LEGISLATIVE HISTORY—H.J. Res. 407: CONGRESSIONAL RECORD, Vol. 131 (1985): Oct. 9, considered and passed House. Oct. 21, considered and passed Senate. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 21, No. 44 (1985): Oct. 28, Presidential statement.

Oct. 28, 1985 [H.J. Res. 407]

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Page:United States Statutes at Large Volume 99 Part 1.djvu/582

 99 STAT. 560

PUBLIC LAW 99-137—OCT. 30, 1985 Public Law 99-137 99th Congress Joint Resolution

Oct. 30, 1985 [H.J. Res. 308]

Designating the week beginning on October 20, 1985, as "Benign Essential Blepharospasm Awareness Week".

Whereas benign essential blepharospasm is a little known eyerelated disease, causing involuntary and usually uncontrollable spastic contraction of muscles around the eyes; Whereas approximately five hundred thousand Americans are afflicted with blepharospasm, which is progressive and ultimately causes functional blindness; Whereas the Benign Essential Blepharospasm Research Foundation, Incorporated, was begun with the purpose of finding the cause and a successful cure for benign essential blepharospasm; Whereas this important foundation sponsors programs and activities to create an awareness of blepharospasm in the medical community as well as in the general public, organizes support groups throughout the country to encourage communication among persons with the disease, and it seeks to raise money through public and private contributions to be used for research; Whereas research scientists from around the country are extremely interested in research on this little known malady and are submitting grant applications to the National Institutes of Health to study benign essential blepharospasm; and Whereas increased public awareness of the disease and its victims will be a tremendous benefit to the victims of this disease and will lead to increased medical research and awareness, as well as available information and advice for those afflicted with benign essential blepharospasm: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the week beginning on October 20, 1985, is hereby designated as "Benign Essential Blepharospasm Awareness Week", and the President is authorized and requested to issue a proclamation calling upon the people of the United States to observe such week with appropriate ceremonies and activities. Approved October 30, 1985.

LEGISLATIVE HISTORY—H.J. Res 308: CONGRESSIONAL RECORD, Vol. 131 (1985): Oct. 17, considered and passed House. Oct. 25, considered and passed Senate.

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Page:United States Statutes at Large Volume 99 Part 1.djvu/583

 PUBLIC LAW 99-138—OCT. 30, 1985

99 STAT. 561

Public Law 99-138 99th Congress Joint Resolution To provide for the designation of October 1985, as "National Sudden Infant Death Syndrome Awareness Month".

Whereas Sudden Infant Death Syndrome is a recognized disease entity which kills thousands of infants each year in the United States; Whereas Sudden Infant Death Syndrome is the leading killer of infants between the age of one week and one year; Whereas Sudden Infant Death Syndrome knows no boundaries of race, ethnic group, region, class, or country; Whereas the victims of Sudden Infant Death Syndrome are babies who appear healthy but who nonetheless die without warning during sleep and nap time; Whereas the parents and siblings of Sudden Infant Death Syndrome often suffer anguish because many people are unaware of the existence of the pernicious killer; Whereas research is underway throughout the world to identify the causes and process of the syndrome and to treat infants who can be identified as potential victims; and Whereas an increase in the national awareness of the problem of Sudden Infant Death Syndrome may ease the burden of the families of victims and may stimulate interest in increased research into the causes and the cure of Sudden Infant Death Syndrome: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the month of October 1985, is designated as 'National Sudden Infant Death Syndrome Awareness Month", and the President is authorized and requested to issue a proclamation calling upon the people of the United States to observe this month with appropriate activities. Approved October 30, 1985.

LEGISLATIVE HISTORY—H.J. Res. 322: CONGRESSIONAL RECORD, Vol. 131 (1985): Oct. 9, considered and passed House. Oct. 25, considered and passed Senate.

Oct. 30, 1985 [H.J. Res. 322]

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Page:United States Statutes at Large Volume 99 Part 1.djvu/584

 99 STAT. 562

PUBLIC LAW 99-139—OCT. 30, 1985 Public Law 99-139 99th Congress

,-, An Act

Oct. 30, 1985 [8. 1726]

Defense and national security.

Ante, p. 204. Ante, p. 196.

22 USC 2762. 22 USC 2403. 22 USC 2795 note.

To amend section 51(b) of the Arms Export Control Act, relating to the funding of the Special Defense Acquisition Fund.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. FUNDING FOR THE SPECIAL DEFENSE ACQUISITION FUND. (a) AMENDMENT TO SECTION 51(b) OF THE ARMS EXPORT CONTROL

ACT.—Subsection (b) of section 51 of the Arms Export Control Act (22 U.S.C. 2795(b)) is amended to read as follows: "(b) The Fund shall consist of— "(1) collections from sales made under letters of offer issued pursuant to section 21(a)(l)(A) of this Act representing the actual value of defense articles not intended to be replaced in stock, "(2) collections from sales representing the value of asset use charges (including contractor rental payments for United States Government-owned plant and production equipment) and charges for the proportionate recoupment of nonrecurring research, development, and production costs, and "(3) collections from sales made under letters of offer (or transfers made under the Foreign Assistance Act of 1961) of defense articles and defense services acquired under this chapter, representing the value of such items calculated in accordance with subparagraph (B) or (C) of section 21(a)(l) or section 22 of this Act or section 644(m) of the Foreign Assistance Act of 1961, as appropriate, together with such funds as may be authorized and appropriated or otherwise made available for the purposes of the Fund.". (b) EFFECTIVE DATE.—The amendment made by subsection (a) shall take effect as of October 1, 1985. Approved October 30, 1985.

LEGISLATIVE HISTORY—S. 1726 (S. 960): CONGRESSIONAL RECORD, Vol. 131 (1985): Oct. 10, considered and passed Senate. Oct. 17, considered and passed House.

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 PUBLIC LAW 99-140—OCT. 31, 1985

99 STAT. 563

Public Law 99-140 99th Congress An Act To provide that the authority to establish and administer flexible and compressed work schedules for Federal Government employees be extended through December"3171985. """ - - ' - " — -

Q^^ ^i 1985 [H.R. 3605]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That section 5 of the Federal Employees Flexible and Compressed Work Schedules Act of 1982 (5 U.S.C. 6101 note) is amended to read as follows: Ante, p. 167. "SEC. 5. The amendments made by this Act shall not be in effect after December 31, 1985.". Approved October 31, 1985.

LEGISLATIVE HISTORY—H.R. 3605: CONGRESSIONAL RECORD, Vol. 131 (1985): Oct. 24, considered and passed House. Oct. 25, considered and passed Senate.

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