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 w

PUBLIC LAW 98-478—OCT. 16, 1984

98 STAT. 2217

tion or nonprofit corporation, which is not controlled or owned by profitmaking corporations or business enterprises, and which is engaged in public or semipublic activity to further public health, safety, or welfare. SEC. 4. (a) Emergency stumpage rate redetermination shall be made upon the written application of the purchaser of National Forest timber in Alaska, bid after January 1, 1974, and rates established as a result thereof shall be effective for timber scaled during a period between January 1, 1981, and five years from the effective date of this legislation. (b) In making the emergency rate redeterminations the Secretary may modify existing contract terms, including the amount of the bid premium, in order to provide rates which will permit the holders of contracts bid after January 1, 1974, to be competitive with other purchasers of National Forest timber. (c) The provisions of this section shall not apply to contracts held by the holders of 50-year timber sale contracts in Alaska. Approved October 16, 1984.

LEGISLATIVE HISTORY—H.R. 2838: HOUSE REPORTS: No. 98-255, Pt. 1 (Comm. on Interior and Insular Affairs) and Pt. 2 (Comm. on Agriculture). SENATE REPORT No. 98-596 (Comm. on Energy and Natural Resources). CONGRESSIONAL RECORD: Vol. 129 (1983): Nov. 16, considered and passed House. Vol. 130 (1984): Sept. 26, considered and passed Senate, amended. Oct. 1, House concurred in Senate amendments. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 20, No. 42 (1984): Oct. 16, Presidential statement.

31-194 - 0

86 - 34: QL. 3 Part 2

Alaska. 16 USC 619.

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 98 STAT. 2218

PUBLIC LAW 98-479—OCT. 17, 1984

Public Law 98-479 98th Congress An Act Oct. 17, 1984 [S. 2819] Housing and Community Development Technical Amendments Act of 1984. 42 USC 5301 note.

To make technical and conforming amendments in certain laws relating to housing and community development.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That this Act may be cited as the "Housing and Community Development Technical Amendments Act of 1984. TITLE I—TECHNICAL AND CONFORMING AMENDMENTS TO HOUSING AND URBAN-RURAL RECOVERY ACT OF 1983 COMMUNITY AND NEIGHBORHOOD DEVELOPMENT AND CONSERVATON

97 Stat. 1159. 42 USC 5302.

97 Stat. 1160.

97 Stat. 1160.

SEC. 101. (a)(1) The last sentence of section 102(a)(4) of the Housing and Community Development Act of 1974 is amended— (A) by striking out "while its population is included in an urban county for such fiscal year": (B) by striking out "continues" and inserting in lieu thereof "elects'^; and (C) by striking out "such" the last place it appears and inserting in lieu thereof "an". (2) Section 102(a)(6) of the Housing and Community Development Act of 1974 is amended— (A) in the penultimate sentence, by inserting before the period at the end thereof the following: ", except that the provisions of this sentence shall not apply with respect to any county losing its classification as an urban county by reason of the election of any unit of general local government included in such county to have its population excluded under clause (B)(i) of the first sentence or to not renew a cooperation agreement under clause (B)(ii) of such sentence"; (B) by inserting before the semicolon at the end of clause (B) of the last sentence the following: ", (excluding the population of metropolitan cities therein) in all its unincorporated areas that are not units of general local government and in all units of general local government located within such county"; and (C) by inserting before the period at the end of clause (D) of the last sentence the following: "(excluding the population of metropolitan cities therein) in all its unincorporated areas that are not units of general local government and in all units of general local government located within such county". (3) Section 102(a)(20) of the Housing and Community Development Act of 1974 is amended to read as follows: "(20XA) The terms 'persons of low and moderate income' and 'low- and moderate-income persons' mean families and individuals whose incomes do not exceed 80 percent of the median income of the area involved, as determined by the Secretary with adjustments for smaller and larger families. The term 'persons of low income' means families and individuals whose

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


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Page:United States Statutes at Large Volume 98 Part 2.djvu/1059

 PUBLIC LAW 98-479—OCT. 17, 1984

98 STAT. 2219

incomes do not exceed 50 percent of the median income of the area involved, as determined by the Secretary with adjustments for smaller and larger families. The term 'persons of moderate income' means families and individuals whose incomes exceed 50 percent, but do not exceed 80 percent, of the median income of the area involved, as determined by the Secretary with adjustments for smaller and larger families. For purposes of such terms, the area involved shall be determined in the same manner as such area is determined for purposes of assistance under section 8 of the United States Housing Act of 1937. "(B) The Secretary may establish percentages of median income for any area that are higher or lower than the percentages set forth in subparagraph (A), if the Secretary finds such variations to be necessary because of unusually high or low family incomes in such area.". (4) Section 102(a)(21) of the Housing and Community Development Act of 1974 is amended by striking out "capital or office buildings" and inserting in lieu thereof the following: "capitol or office buildings,". (5) Section 104(a)(2)(E) of the Housing and Community Development Act of 1974 is amended by inserting before the period at the end thereof the following: "or in the method of distribution of such funds". (6) Section 104(b)(5)(B) of the Housing and Community Development Act of 1974 is amended by striking out "low and moderate income who are not persons of very low" and inserting in lieu thereof "moderate". (7) Section 104(d) of the Housing and Community Development Act of 1974 is amended— (A) in the third sentence, by striking out the last comma; (B) in the fifth sentence, by inserting "general" before "local" the last place it appears; and (C) in the sixth sentence, by inserting "general" before "local". (8)(A) Section 105(a)(8) of the Housing and Community Development Act of 1974 is amended by inserting "fiscal year 1982 or" before "fiscal year 1983". (B) Section 105(a)(15) of the Housing and Community Development Act of 1974 is amended by striking out "including" and inserting in lieu thereof "and". (9)(A) Section 105(c)(2) of the Housing and Community Development Act of 1974 is amended by striking out "(B)" and all that follows through "recipient" and inserting in lieu thereof the following: "(B) in any metropolitan city or urban county, the area served by such activity is within the highest quartile of all areas within the jurisdiction of such city or county in terms of the degree of concentration of persons of low and moderate income". (B) The amendment made by subparagraph (A) shall take effect upon the enactment of this Act and shall be implemented through an interim instruction issued by the Secretary of Housing and Urban Development. Not later than June 1, 1985, the Secretary of Housing and Urban Development shall issue a final regulation regarding the provisions of such amendment. (10) Section 106(d)(2)(A) of the Housing and Community Development Act of 1974 is amended—

42 USC 1437f.

97 Stat. 1160. 42 USC 5302.

97 Stat. 1161. 42 USC 5304.

97 Stat. 1162.

97 Stat. 1162.

97 Stat. 1163. 42 USC 5305. 97 Stat. 1164.

97 Stat. 1164.

Effective date. 42 USC 5305 note. Regulations.

97 Stat. 1165. 42 USC 5306.

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Page:United States Statutes at Large Volume 98 Part 2.djvu/1060

 98 STAT. 2220

97 Stat. 1166. 42 USC 5306.

97 Stat. 1166.

97 Stat. 1168. 42 USC 5312. Baltimore, Md.

42 USC 5301.

Denver, eolo.

97 Stat. 1170. 12 USC 1706e. 97 Stat. 1168. 42 USC 5316 note. 97 Stat. 1172. 42 USC 5318 note.

PUBLIC LAW 98-479—OCT. 17, 1984

(A) by striking out "a State that has elected, in such manner and at such time as the Secretary shall prescribe" any place it appears and inserting in lieu thereof "the State"; and (B) in clause (i), as such clause may have been amended by subparagraph (A), by striking out "the State" and inserting in lieu thereof the following: "a State that has elected, in such manner and at such time as the Secretary shall prescribe, to distribute such amounts". (11) Section 106(d)(3) of the Housing and Community Development Act of 1974 is amended— (A) in the second sentence of subparagraph (A), by inserting after "title" the following: "or section 17(e)(l) of the United States Housing Act of 1937"; and (B) in subparagraph (C), by inserting after "104" the following: "or to make the certifications required in subparagraphs (C) and (D) of paragraph (2)". (12) Section 106(d)(5)(D)(ii) of the Housing and Community Development Act of 1974 is amended by striking out "low and moderate income who are not persons of very low" and inserting in lieu thereof' 'moderate''. (13)(A) Section 112 of the Housing and Community Development Act of 1974 is amended by striking out subsection (c). (B)(i) Notwithstanding any other provision of law or other requirement, the City of Baltimore in the State of Maryland is authorized to retain any land disposition proceeds from financially closed-out urban renewal projects not paid to the Department of Housing and Urban Development, and to use such proceeds in accordance with the requirements of the community development block grant program specified in title I of the Housing and Community Development Act of 1974. The City of Baltimore shall retain such proceeds in a lump sum and shall be entitled to retain and use all past and future earnings from such proceeds, including any interest. (ii) Notwithstanding any other provision of law or other requirement, the City of Denver in the State of Colorado, or its designee, is authorized to receive all funds held by the Denver Urban Renewal Authority from the urban renewal project subject to civil litigation in the case of United States v. Denver Urban Renewal Authority, No. 84-K-67 (D. Colo.), for use as a direct grantee under and in accordance with the requirements of the community development block grant program specified in title I of the Housing and Community Development Act of 1974. The City of Denver shall retain such funds in a lump sum and shall be entitled to retain and use all past and future earnings from such funds, including any interest. (14) The last sentence of section 810(f) of the Housing and Community Development Act of 1974 is amended by inserting ", State," after "government". (b)(1) Section 110(b) of the Housing and Urban-Rural Recovery Act of 1983 is amended by striking out "section" and inserting in lieu thereof "part". (2) Section 123(b)(3) of the Housing and Urban-Rural Recovery Act of 1983 is amended by striking out "(a)(4)" each place it appears and inserting in lieu thereof "(a)(l)". (3) Section 123(c) of the Housing and Urban-Rural Recovery Act of 1983 is amended— (A) by striking out "(1)" after the subsection designation; and (B) by redesignating subparagraphs (A) through (D) as paragraphs (1) through (4), respectively.

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Page:United States Statutes at Large Volume 98 Part 2.djvu/1061

 PUBLIC LAW 98-479—OCT. 17, 1984

98 STAT. 2221

HOUSING ASSISTANCE PROGRAMS

SEC. 102. (a)(1) Section 235(h)(1) of the National Housing Act is amended— (A) in the penultimate sentence, by inserting after "1983," the first place it appears the following: "utilizing amounts approved in appropriation Acts before the date of the enactment of the Housing and Urban-Rural Recovery Act of 1983,"; and (B) in the last sentence, by striking out "November 30, 1983" and inserting in lieu thereof "September 30, 1985". (2) The first sentence of section 236(f)(4) of the National Housing Act is amended by striking out "up to". (b)(1) Section 3(b)(2) of the United States Housing Act of 1937 is amended by adding at the end thereof the following new sentence: "Such ceilings shall be established in consultation with the Secretary of Agriculture for any rural area, as defined in section 520 of the Housing Act of 1949, taking into account the subsidy characteristics and types of programs to which such ceilings apply.". (2) Section 3(b)(4) of the United States Housing Act of 1937 is amended by inserting before the period at the end thereof the following: ", in consultation with the Secretary of Agriculture". (3) Section 3(b)(5)(C) of the United States Housing Act of 1937 is amended to read as follows: "(C) the amount by which the aggregate of the following expenses of the family exceeds 3 percent of annual family income: (i) medical expenses for any elderly family; and (ii) reasonable attendant care and auxiliary apparatus expenses for each handicapped member of any family, to the extent necessary to enable any member of such family (including such handicapped member) to be employed; and". (4) Section 6(j) of the United States Housing Act of 1937 is amended— (A) by inserting ", acquisition, or acquisition and rehabilitation" after "construction; and, (B) by striking out "large families" and inserting in lieu thereof "families requiring three or more bedrooms". (5) Section 6(m) of the United States Housing Act of 1937 is amended by striking out "hearing" and inserting in lieu thereof "housing". (6) Section 8(d)(2) of the United States Housing Act of 1937 is amended by striking out the last two sentences and inserting in lieu thereof the following: "Where the Secretary enters into an annual contributions contract with a public housing agency pursuant to which the agency will enter into a contract for assistance payments with respect to an existing structure, the contract for assistance payments may not be attached to the structure unless (A) the Secretary and the public housing agency approve such action, and (B) the owner agrees to rehabilitate the structure other than with assistance under this Act and otherwise complies with the requirements of this section.". (7) Section 8(e)(2) of the United States Housing Act of 1937 is amended by adding at the end thereof the following new sentence: "The Secretary shall increase the amount of assistance provided under this paragraph above the amount of assistance otherwise permitted by this paragraph and subsection (c)(1), if the Secretary determines such increase necessary to assist in the sale of multi-

97 Stat. 1194. 12 USC I715z.

97 Stat. 12 USC 97 Stat. 42 USC

1187. 1715Z-1. 1179. 1437a.

42 USC 1490. 42 USC 1437a.

97 Stat. 1179.

97 Stat. 1177. 42 USC 1437d.

97 Stat. 1179.

97 Stat. 1182. 42 U S C 1437f.

97 Stat. 1183.

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 98 STAT. 2222

42 USC 1437f.

97 Stat. 1181.

97 Stat. 1190. 12 USC 1701q. 97 Stat. 1190.

97 Stat. 1191.

97 Stat. 1187. 12 USC 1701s. 97 Stat. 1175. 42 USC 1439. 97 Stat. 1191. 42 USC 8010. 97 Stat. 1186.

97 Stat. 1188.

97 Stat. 1188. 42 USC 602 note.

PUBLIC LAW 98-479—OCT. 17, 1984

family housing projects owned by the Department of Housing and Urban Development.". (8) Section 8(n) of the United States Housing Act of 1937 is amended by striking out "In" and all that follows through "Secretary" and inserting in lieu thereof the following: "In making assistance available under subsections (b)(1) and (e)(2), the Secretary". (9) The first sentence under section 8(o)(3) of the United States Housing Act of 1937 is amended— (A) by striking out "or" before "(B)"; and (B) by inserting before the period at the end thereof the following: ", or (C) a family that is determined to be a lower income family at the time it initially receives assistance and that is displaced by activities under section 17(c)". (10) Section 8(o)(7)(D) of the United States Housing Act of 1937 is amended by inserting "unit o f before "general". (c)(1) The first sentence of section 202(a)(4)(B)(i) of the Housing Act of 1959 is amended by striking out "1985" and inserting in lieu thereof "1984". (2) Section 202(h) of the Housing Act of 1959 is amended— (A) by inserting "and" at the end of paragraph (1); and (B) by striking out "; and" at the end of paragraph (2) and inserting in lieu thereof a period. (3) Section 202(1) of the Housing Act of 1959 is amended by adding at the end thereof the following new sentence: "The Secretary shall not impose difference requirements or standards with respect to construction change orders, increases in loan amount to cover change orders, errors in plans and specifications, and use of contingency funds, because of the method of contractor selection used by the sponsor or borrower.". (d) The penultimate sentence of section 101(g) of the Housing and Urban Development Act of 1965 is amended by striking out "up to". (e) Section 213(d)(2) of the Housing and Community Development Act of 1974 is amended by striking out "532" and inserting in lieu thereof "533". (f) Section 411(a)(4) of the Congregate Housing Services Act of 1978 is amended by adding at the end thereof a semicolon. (g)(1) Section 216 of the Housing and Urban-Rural Recovery Act of 1983 is amended— (A) by inserting "of Housing and Urban Development" after "Secretary" each place it appears; and (B) by striking out "paragraph" each place it appears and inserting in lieu thereof "section". (2) Section 220 of the Housing and Urban-Rural Recovery Act of 1983 is amended by inserting "of Housing and Urban Development" after "Secretary" each place it appears. (3) Section 221 of the Housing and Urban-Rural Recovery Act of 1983 is amended— (A) by striking out "chapter" and inserting in lieu thereof "part"; (B) by striking out ", up to the utility allowance,"; (C) by inserting "in lieu of any rental payment" after "made"; and (D) by striking out "rental" and inserting in lieu thereof "shelter".

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Page:United States Statutes at Large Volume 98 Part 2.djvu/1063

 PUBLIC LAW 98-479—OCT. 17, 1984

98 STAT. 2223

RENTAL HOUSING REHABIUTATION AND PRODUCTION PROGRAM

SEC. 103. (a) Section 17(a)(1)(A) of the United States Housing Act of 1937 is amended by striking out "to States and units of general local government". (b) Section 17(b)(2)(B) of the United States Housing Act of 1937 is amended by striking out "(f)" and inserting in lieu thereof "(e)". (c)(1) Section 17(c)(2)(H) of the United States Housing Act of 1937 is amended by striking out "State or unit of general local government that receives the assistance" and inserting in lieu thereof "grantee". (2) Section 17(c)(3)(A) of the United States Housing Act of of 1937 is amended by striking out "families, including large families with children" and inserting in lieu thereof the following: "families with children, particularly families requiring three or more bedrooms". (d)(1) Section 17(d)(2) of the United States Housing Act of 1937 is amended— (A) in the penultimate sentence, by inserting "general local" before "government"; and (B) by inserting after the penultimate sentence the following new sentence: "Notwithstanding such minimum standards, a city shall also be eligible to submit such an application if (A) according to the most recent data compiled by the United States Bureau of the Census, such city has a population of not less than 450,000; and (B) the percentage of the total rental units in such city that are vacant and available for rent is less than 10 (2) Section i7(d)(4)(E) of the United States Housing Act of 1937 is amended by striking out "persons" and all that follows through "income" and inserting in lieu thereof "lower income families". (3) Section 17(d)(5)(H) of the United States Housing Act of 1937 is amended by striking out "families, including large families with children" and inserting in lieu thereof the following: "families with children, particularly families requiring three or more bedrooms". (e)(1) Section 17(e)(l) of the United States Housing Act of 1937 is amended— (A) in the first sentence, by striking out "(b)(2)" and inserting in lieu thereof "(b)"; and (B) in the second sentence, by striking out "cities with populations of less than fifty thousand" and inserting in lieu thereof the following: "units of general local government and areas of the State that do not receive allocations under subsection (b)". (2) Section 17(e)(2) of the United States Housing Act of 1937 is amended by striking out "(b)(2) of this section" and inserting in lieu thereof "(b)". (f) Section 17(i)(3) of the United States Housing Act of 1937 is amended by striking out "structure" and inserting in lieu thereof "project". (g)(1) Section 17(k)(5)(A) is amended by striking out "resources under this section" and inserting in lieu thereof the following: "resources under subsection (b), and any unit of general local government receiving resources under subsection (d)". (2) Section 17(k)(5)(B) of the United States Housing Act of 1937 is amended by striking out "(f)" and inserting in lieu thereof "(e)". (3) Section 17(k)(5)(C) of the United States Housing Act of 1937 is amended by striking out "(f)(2)" and inserting in lieu thereof "(e)".

97 Stat. 1196. 42 USC usio.

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Page:United States Statutes at Large Volume 98 Part 2.djvu/1064

 98 STAT. 2224 97 Stat. 1196. 42 USC 14370.

42 USC 5302.

PUBLIC LAW 98-479—OCT. 17, 1984

(4) Section 17(k) of the United States Housing Act of 1937 is amended— (A) by striking out "and" at the end of paragraph (4); (B) by striking out the period at the end of paragraph (5) and inserting in Heu thereof a semicolon; and (C) by inserting after paragraph (5) the following new paragraphs: "(6) the term 'State' means each of the several States and the Commonwealth of Puerto Rico; and "(7) the term 'unit of general local government' means (A) any city, county, town, township, parish, village, or other general purpose political subdivision of a State; (B) any Indian tribe (as defined in section 102(a)(17) of the Housing and Community Development Act of 1974); and (C) the District of Columbia, the Virgin Islands, Guam, American Samoa, the Northern Mariana Islands, the Trust Territory of the Pacific Islands, and any other territory or possession of the United States.". (h)(1) Section 17(1)(1) of the United States Housing Act of 1937 is amended— (A) by inserting a comma after "government"; and (B) by striking out "(f)(1)" and inserting in lieu thereof "(e)(1)"; and (2) Section 17(1)(2) of the United States Housing Act of 1937 is amended by striking out "(e)(2)" and inserting in lieu thereof "(e)(1)". (i) Section 17 of the United States Housing Act of 1937 is amended by adding at the end thereof the following new subsection: "(o) INAPPLICABILITY OF CERTAIN PROVISIONS.—Unless otherwise

42 USC 1437a. 42 USC 1437d.

specifically provided in this section, the following provisions of this Act shall not apply to grants provided under this section: section 3(a), section 3(b)(1), the third sentence of section 3(b)(3), section 3(b)(7), the last sentence of section 6(a), and any other provision of this Act that is inconsistent with the provisions of this section.". PROGRAM AMENDMENTS AND EXTENSIONS

12 USC I7i5w.

SEC. 104. (a)(1) The section heading of section 232 of the National Housing Act is amended to read as follows:"MORTGAGE INSURANCE FOR N U R S I N G H O M E S, INTERMEDIATE CARE FACILITIES, AND BOARD AND CARE H O M E S ".

97 Stat. 1213. 12 USC I7i5y.

38 USC 1801 et seq12 USC 1715Z.

(2) Section 234(k) of the National Housing Act is amended— (A) by striking o u t " o r " before "(3)"; and (B) by inserting before the period a t the end thereof the following: ", or (4) before April 20, 1984 (A) application w a s made to the Secretary for a commitment to insure a mortgage covering any unit in the project, (B) in the case of direct endorsement, the mortgagee received the case n u m b e r assigned by the Secretary for any unit in the project, or (C) application was made for approval of the project for g u a r a n t e e, insurance, or direct loan under chapter 37 of title 38, United States Code". (3) Section 235(j)(2)(C) of the National Housing Act is amended to read as follows: "(C) bear interest at a rate not to exceed such percent per annum on the amount of the principal obligation outstanding at any time as the Secretary determines is necessary to meet the mortgage market, taking into consideration the yields on mortgages in the primary and secondary markets;".

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Page:United States Statutes at Large Volume 98 Part 2.djvu/1065

 PUBLIC LAW 98-479—OCT. 17, 1984

98 STAT. 2225

(4) Section 2360')(4)(B) of the National Housing Act is amended to read as follows: "(B) bear interest at a rate not to exceed such percent per annum on the amount of the principal obligation outstanding at any time as the Secretary determines is necessary to meet the mortgage market, taking into consideration the yields on mortgages in the primary and secondary markets; and". (5) Section 244(d) of the National Housing Act is amended to read as follows: "(d) No mortgage, advance, or loan shall be insured pursuant to this section after September 30, 1985, except pursuant to a commitment to insure made before that date.". (6) The section heading of section 526 of the National Housing Act is amended to read as follows: "MINIMUM PROPERTY STANDARDS". (7) Section 531 of the National Housing Act is amended by striking out "title 11" each place it appears and inserting in lieu thereof "this Act". (8) Section 1101(c)(4) of the National Housing Act is amended to read as follows: "(4) bear interest at such rate as may be agreed upon by the mortgagor and the mortgagee.". (b) Section 7(o)(6)(C) of the Department of Housing and Urban Development Act is amended by striking out "3 of Public Law 90-301" and inserting in lieu thereof "235 or 236 of the National Housing Act". (c)(1) Section 906(a) of the Housing and Urban Development Act of 1968 is amended— (A) by striking out "and" at the end of paragraph (2); (B) by striking out the period at the end of paragraph (3) and inserting in lieu thereof "; and"; and (C) by adding at the end thereof the following new paragraph; "(4) for the purpose of generating income to support the building or rehabilitation of housing primarily for the benefit of families and individuals of low or moderate income (A) design, develop, manufacture and sell products and services for use in the construction, sale, or financing of housing, and (B) design and develop commercial, industrial, or retail facilities that are not directly related to housing, except that the development and preservation of housing for families and individuals of low or moderate income shall be the primary activity of the corporation.". (2) Section 906 of the Housing and Urban Development Act of 1968 is amended by adding at the end thereof the following: "(e) The combined outstanding equity commitment of the corporation and the partnership with respect to activities undertaken under subsection (a)(4) may not exceed (1) 7 percent of their total combined equity commitment outstanding during the first 12-month period following the date of enactment of this subsection; (2) 14 percent of their total combined equity commitment outstanding during the second 12-month period following the date of enactment of this subsection; or (3) 20 percent of their total combined equity commitment outstanding at any time thereafter.". (3) Section 908(a) of the Housing and Urban Development Act of 1968 is amended— (A) by inserting "(1)" after "(a)"; and (B) by adding at the end thereof the following:

12 USC I7i5z-i.

12 USC 1715Z-9.

12 USC 1735f-4. 97 Stat. 1208. 12 USC 173.5f-9. 12 USC 1749aaa.

42 USC 3535.

42 USC 3936.

42 USC 3938.

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Page:United States Statutes at Large Volume 98 Part 2.djvu/1066

 98 STAT. 2226 Ante, p. 2225.

97 Stat. 1234. 12 USC 3612. 97 Stat. 1234. 12 USC 3618.

Regulations. 12 USC 3618 note. 12 USC 3612.

97 Stat. 1239. Prohibition. 12 USC 1715b note. 97 Stat. 1222. 12 USC 1715Z-7.

PUBLIC LAW 98-479—OCT. 17, 1984

"(2) The report shall contain a description of the activities undertaken under section 906(a)(4), and shall specify, as a percentage of equity and in dollars, the extent of the corporation's and the partnership's investment in housing for the benefit of families and individuals of low or moderate income, the extent of the corporation's and the partnership's investment in other housing, and the extent of the corporation's and the partnership's activities which are undertaken under section 906(a)(4).". (d)(1) Section 514(b)(5)(A) of the Solar Energy and Energy Conservation Bank Act is amended by striking out "loan" and inserting in lieu thereof "grant". (2)(A) Section 520(b)(5) of the Solar Energy and Energy Conservation Bank Act is amended to read as follows: "(5)(A) establish explicit criteria, and their relative weights, for the allocation of financial assistance under this subtitle among eligible financial institutions; and "(B) provide that all amounts available for financial assistance under this subtitle as a result of any one appropriations law, or otherwise available for such assistance, shall be allocated at the same time; and". (B) The Secretary shall issue the regulations required as a result of the amendment made by this paragraph not later than 90 days after the date of the enactment of this Act. (e)(1) Section 463 of the Housing and Urban-Rural Recovery Act of 1983 is amended by striking out "(c)(1)" the second place it appears and inserting in lieu thereof "(d)(1)". (2) Section 482 of the Housing and Urban-Rural Recovery Act of 1983 is amended by striking out "305(b)" and inserting in lieu thereof "305". (f) The Secretary of Housing and Urban Development shall, not later than October 31, 1984, issue regulations to carry out the amendments made to section 242 of the National Housing Act by section 436 of the Housing and Urban-Rural Recovery Act of 1983. RURAL HOUSING

97 Stat. 1240. 42 USC 1471. 97 Stat. 1240. 42 USC 1472.

42 USC 1472 note.

SEC. 105. (a) Section 501(b)(4) of the Housing Act of 1949 is amended by striking out "by the Secretary of Housing and Urban Development". (b)(1) Section 502(d) of the Housing Act of 1949 is amended by striking out paragraphs (1) and (2) and inserting in lieu thereof the following: "(1) not less than 40 percent of the funds approved in appropriation Acts for use under this section shall be set aside and > made available only for very low-income families or persons; and "(2) not less than 30 percent of the funds allocated to each State under this section shall be available only for very lowincome families or persons.". (2) Notwithstanding any other provision of law, the provisions of section 502(d) of the Housing Act of 1949, as amended by paragraph (1), shall apply with respect to fiscal year 1985 and thereafter, and the provisions of such section, as so amended, may not be changed or superseded except by another provision of law which amends such section.

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Page:United States Statutes at Large Volume 98 Part 2.djvu/1067

 PUBLIC LAW 98-479—OCT. 17, 1984

98 STAT. 2227

(c) Section 510(e) of the Housing Act of 1949 is amended by striking out ". Such" and ". Where" and inserting in lieu thereof "; such ' and "; where", respectively. (d)(1) Section 513(a) of the Housing Act of 1949 is amended— (A) by inserting "(1)" after the subsection designation; and (B) by adding at the end thereof the following new paragraph: "(2) Notwithstanding any other provision of law, insured and guaranteed loan authority authorized in this title for any fiscal year beginning after September 30, 1984, shall not be transferred or used for any purpose not specified in this title.". (2) Section 513(b)(7) of the Housing Act of 1949 is amended by striking out "531" and inserting in lieu thereof "533". (e) Section 515(k)(2)(B) of the Housing Act of 1949 is amended by inserting ", at the option of the applicant, either that there is a reasonable assurance that the contract for assistance will be extended or renewed, or" after "five years, and". (f) Section 517(j)(4) of the Housing Act of 1949 is amended by inserting "and" after the semicolon at the end thereof. (g) The last sentence of section 520 of the Housing Act of 1949 is amended by striking out "1984" and inserting in lieu thereof "1985". (h) Section 521(d)(1) of the Housing Act of 1949 is amended to read as follows: "(d)(1) In utilizing the rental assistance payments authority pursuant to subsection (a)(2)— "(A) the Secretary shall make such assistance available in existing projects for units occupied by low income families or persons to extend expiring contracts or to provide additional assistance when necessary to provide the full amount authorized pursuant to existing contracts; "(B) any such authority remaining after carrying out subparagraph (A) shall be used in projects receiving commitments under section 514, 515, or 516 after fiscal year 1983 for contracts to assist very low-income families or persons to occupy the units in such projects, except that not more than 5 percent of the units assisted may be occupied by low income families or persons who are not very low-income families or persons; and "(C) any such authority remaining after carrying out subparagraphs (A) and (B) may be used to provide further assistance to existing projects under section 514, 515, or 516.".

97 Stat. 1243. 42 USC 1480. 97 Stat. 1243. 42 USC 1483.

97 Stat. 1244. 42 USC 1485.

42 USC 1487. 97 Stat. 1247. 42 USC 1490. 42 USC 1490a.

42 USC 1484-1486.

TITLE II—TECHNICAL AND CONFORMING AMENDMENTS TO OTHER HOUSING AND COMMUNITY DEVELOPMENT AND BANKING LAWS CONFORMING REFERENCES TO SECRETARY OF HEALTH AND HUMAN SERVICES AND SECRETARY OF EDUCATION

SEC. 201. (a)(1) Section 242(c) of the National Housing Act is amended by striking out "Health, Education, and Welfare" and inserting in lieu thereof "Health and Human Services". (2) Section 1104 of the National Housing Act is amended by striking out "Health, Education, and Welfare and inserting in lieu thereof "Health and Human Services". (b) Section 302(c)(2)(B) of the Federal National Mortgage Association Charter Act is amended— (1) by striking out "Health, Education, and Welfare" and inserting in lieu thereof "Education"; and

12 USC 1715Z-7.

12 USC 1749aaa-3. 12 USC 1717.

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 98 STAT. 2228

42 USC 1490b. 12 USC 1749a.

12 USC 1749c. 12 USC 1701q.

42 USC 3337.

42 USC 1438. 42 USC 6863.

12 USC 17012-6 note. 42 USC 8004.

PUBLIC LAW 98-479—OCT. 17, 1984

(2) by striking out "Commissioner" and inserting in lieu thereof "Secretary". (c) Section 522(a) of the Housing Act of 1949 is amended by striking out "Health, Education, and Welfare" and inserting in lieu thereof "Health, and Human Services". (d)(1) Section 402(c) of the Housing Act of 1950 is amended— (A) by striking out paragraph (2); and (B) by redesignating paragraphs (3) through (9) as paragraphs (2) through (8), respectively. (2) Section 404(f) of the Housing Act of 1950 is amended by striking out "Housing and Urban Development" and inserting in lieu thereof "Education". (e) Section 202(f) of the Housing Act of 1959 is amended by striking out "Health, Education, and Welfare" and inserting in lieu thereof "Health and Human Services". (f) Section 207 of the Demonstration Cities and Metropolitan Development Act of 1966 is amended by striking out "Health, Education, and Welfare" and inserting in lieu thereof "Health and Human Services". (g) Section 209 of the Housing and Community Development Act of 1974 is amended by striking out "Health, Education, and Welfare" and inserting in lieu thereof "Health and Human Services". (h) Paragraphs (1) and (2) of section 413(b) of the Energy Conservation in Existing Building Act of 1976 are amended by striking out "Health, Education, and Welfare" each place it appears and inserting in lieu thereof "Health and Human Services". (i) Section 207(c)(3) of the Public Housing Security Demonstration Act of 1978 is amended by striking out "Health, Education, and Welfare" and inserting in lieu thereof "Health and Human Services". (j) Section 405(i) of the Congregate Housing Services Act of 1978 is amended by striking out "the Department of Health, Education, and Welfare" and inserting in lieu thereof "Health and Human Services". CONFORMING CROSS-REFERENCES TO TITLE 5, UNITED STATES CODE

12 USC 1702. 12 USC 1749bbb-17. 12 USC 1701c.

12 USC 1701h.

15 USC 1715.

SEC. 202. (a)(1) The second sentence of section 1 of the National Housing Act is amended by striking out "without" and all that follows through "States". (2) Section 1247 of the National Housing Act is amended by striking out "the Administrative Procedure Act" and inserting in lieu thereof the following: "subchapter II of chapter 5, and chapter 7, of title 5, United States Code". OliXD The first sentence of section 502(a) of the Housing Act of 1948 is amended by striking out "the Clsissification Act of 1949, as amended" and inserting in lieu thereof the following: "chapter 51 and subchapter III of chapter 53 of title 5, United States Code". (2) Section 502(c)(1) of the Housing Act of 1948 is amended by striking out "5 U.S.C. 73b-2" and inserting in lieu thereof the following: "section 5703 of title 5, United States Code". (c) Section 601 of the Housing Act of 1949 is amended by striking out "section 5 of the Act of August 2, 1946 (5 U.S.C. 73b-2)" and inserting in lieu thereof the following: "section 5703 of title 5, United States Code". (d) Section 14160t)) of the Interstate Land Sales Full Disclosure Act is amended by striking out "the Administrative Procedure Act" and

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98 STAT. 2229

inserting in lieu thereof the following: "subchapter II of chapter 5, and chapter 7, of title 5, United States Code". CONFORMING CROSS-REFERENCES TO TITLE 31, UNITED STATES CODE

SEC. 203. (a)(1) Section 304(c) of the Federal National Mortgage Association Charter Act is amended by striking out "the Second Liberty Bond Act, as now or hereafter in force" each place it appears and inserting in lieu thereof "chapter 31 of title 31, United States Code". (2) Section 306(d) of the Federal National Mortgage Association Charter Act is amended by striking out "the Second Liberty Bond Act, as now or hereafter in force" each place it appears and inserting in lieu thereof "chapter 31 of title 31, United States Code". (3) Section 309(b) of the Federal National Mortgage Association Charter Act is amended by striking out "the Government Corporation Control Act" and inserting in lieu thereof "chapter 91 of title 31, United States Code". (4) Section 315(c) of the Federal National Mortgage Association Charter Act is amended by striking out "the Second Liberty Bond Act, as now or hereafter in force" each place it appears and inserting in lieu thereof "chapter 31 of title 31, United States Code". (5) Section 316(c) of the Federal National Mortgage Association Charter Act is amended by striking out "the Second Liberty Bond Act, as now or hereafter in force" each place it appears and inserting in lieu thereof "chapter 31 of title 31, United States Code". (b)(1) Section 4(b) of the United States Housing Act of 1937 is amended— (A) by striking out "the Second Liberty Bond Act, as amended" and inserting in lieu thereof "chapter 31 of title 31, United States Code"; and (B) by striking out "such Act, as amended," and inserting in lieu thereof "such chapter". (2) Section 10(a) of the United States Housing Act of 1937 is amended by striking out "the Government Corporation Control Act, as amended" each place it appears and inserting in lieu thereof "chapter 91 of title 31, United States Code". (c) Section 502(c)(2) of the Housing Act of 1948 is amended by striking out "section 3648 of the Revised Statutes" and inserting in lieu thereof "subsections (a) and (b) of section 3324 of title 31, United States Code". (d)(1) Section 102(f) of the Housing Act of 1949 is amended— (A) by striking out "the Second Liberty Bond Act, as amended" and inserting in lieu thereof "chapter 31 of title 31, United States Code"; and (B) by striking out "such Act, as amended," and inserting in lieu thereof "such chapter". (2) Section 106(a) of the Housing Act of 1949 is amended by striking out "the Government Corporation Control Act, as amended" each place it appears and inserting in lieu thereof "chapter 91 of title 31, United States Code". (3) Section 501(b)(6) of the Housing Act of 1949 is amended by striking out "the State and Local Fiscal Assistance Act of 1972 (Public Law 92-512)" and inserting in lieu thereof "chapter 67 of title 31, United States Code". (4) Section 511 of the Housing Act of 1949 is amended—

12 USC 1719.

12 USC 1721.

12 USC 1723a.

12 USC I723g.

12 USC I723h. 42 USC 1437b.

42 USC I437h.

12 USC I70ic.

42 USC 1452.

42 USC 1456.

42 USC I47i.

42 USC 1481.

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 98 STAT. 2230

42 USC 1487.

12 USC 1749.

12 USC 1749a.

42 USC 1493.

42 USC 2414.

12 USC 1701q.

12 USC 1749bbb-8.

PUBLIC LAW 98-479—OCT. 17, 1984

(A) by striking out "the Second Liberty Bond Act, as amended" and inserting in lieu thereof "chapter 31 of title 31, United States Code"; and (B) by striking out "such Act" and inserting in lieu thereof "such chapter". (5) Section 517(h) of the Housing Act of 1949 is amended— (A) by striking out "the Second Liberty Bond Act, as amended" and inserting in lieu thereof "chapter 31 of title 31, United States Code"; and (B) by striking out "such Act" and inserting in lieu thereof "such chapter". (6) Section 517(k) of the Housing Act of 1949 is amended by striking out "the Budget and Accounting Act, 1921" and inserting in lieu thereof "chapter 11 of title 31, United States Code". (e)(1) Section 401(e) of the Housing Act of 1950 is amended— (A) by striking out "the Second Liberty Bond Act, as amended" and inserting in lieu thereof "chapter 31 of title 31, United States Code"; and (B) by striking out "such Act, as amended," and inserting in lieu thereof "such chapter''. (2) Section 402(a)(1) of the Housing Act of 1950 is amended by striking out "the Government Corporation Control Act, as amended" and inserting in lieu thereof "chapter 91 of title 31, United States Code". (3) Section 402(a)(2) of the Housing Act of 1950 is amended by striking out "the Accounting and Auditing Act of 1950" and inserting in lieu thereof "chapter 35 of title 31, United States Code". (4) Section 402(e) of the Housing Act of 1950 is amended— (A) by striking out "section 309 of the Independent Offices Appropriation Act, 1950 (63 Stat. 662)" and inserting in lieu thereof "section 9107(a) of title 31, United States Code"; and (B) by striking out "the Government Corporation Control Act" and inserting in lieu thereof "chapter 91 of such title". (f) Section 203(a) of the Housing Amendments of 1955 is amended— (1) by striking out "the Second Liberty Bond Act, as amended" and inserting in lieu thereof "chapter 31 of title 31, United States Code"; and (2) by striking out "such Act, as amended," and inserting in lieu thereof "such chapter". (g) Section 15(e) of the Federal Flood Insurance Act of 1956 is amended— (1) by striking out "the Second Liberty Bond Act, as amended," and inserting in lieu thereof "chapter 31 of title 31, United States Code"; and (2) by striking out "such Act, as amended," and inserting in lieu thereof "such chapter". (h) Section 202(a)(4)(B)(i) of the Housing Act of 1959 is amended— (1) by striking out "the Second Liberty Bond Act" and inserting in lieu thereof "chapter 31 of title 31, United States Code"; and (2) by striking out "that Act" and inserting in lieu thereof "such chapter". (i)(l) Section 1222(c) of the Urban Property Protection and Reinsurance Act of 1968 is amended by striking out "section 3679(a) of the Revised Statutes of the United States (31 U.S.C. 665(a))" and

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98 STAT. 2231

inserting in lieu thereof "section 1341(a) of title 31, United States Code". (2) Section 1243(d) of the Urban Property Protection and Reinsurance Act of 1968 is amended by striking out "law (sections 102, 103, and 104 of the Government Corporation Control Act (31 U.S.C. 847-849))" and inserting in lieu thereof "sections 9103 and 9104 of title 31, United States Code". (j)(l) Section 1310(e) of the National Flood Insurance Act of 1968 is amended by striking out "law (sections 102, 103, and 104 of the Government Corporation Control Act (31 U.S.C. 847-849))" and inserting in lieu thereof "sections 9103 and 9104 of title 31, United States Code". (2) Section 1360(b) of the National Flood Insurance Act of 1968 is amended by striking out "sections 3648 and 3709 of the Revised Statutes, as amended (31 U.S.C. 529 and 41 U.S.C. 5)" and inserting in lieu thereof "subsections (a) and (b) of section 3324 of title 31, United States Code, and section 3709 of the Revised Statutes (41 U.S.C. 5)". (3) Section 1373 of the National Flood Insurance Act of 1968 is amended by striking out "the Government Corporation Control Act" and inserting in lieu thereof "chapter 91 of title 31, United States Code,". (k) Section 502(e) of the Housing and Urban Development Act of 1970 is amended by striking out "section 3648 of the Revised Statutes" and inserting in lieu thereof "subsections (a) and (b) of section 3324 of title 31, United States Code,". (IXD Section 102(a)(17) of the Housing and Community Development Act of 1974 is amended by striking out "the State and Local Fiscal Assistance Act of 1972 (Public Law 92-512)" and inserting in lieu thereof "chapter 67 of title 31, United States Code". (2) Section 108(g) of the Housing and Community Development Act of 1974 is amended— (A) by striking out "the Second Liberty Bond Act, as now or hereafter in force" and inserting in lieu thereof "chapter 31 of title 31, United States Code"; and (B) by striking out "such Act" and inserting in lieu thereof "such chapter". (3) Section 119(n)(2) of the Housing and Community Development Act of 1974 is amended by striking out "the State and Local Fiscal Assistance Act of 1972" and inserting in lieu thereof "chapter 67 of title 31, United States Code". (4) Section 802(e)(2) of the Housing and Community Development Act of 1974 is amended— (A) by striking out "the Second Liberty Bond Act" and inserting in lieu thereof "chapter 31 of title 31, United States Code"; and (B) by striking out "that Act" and inserting in lieu thereof "such chapter". (m) Section 608(d) of the Neighborhood Reinvestment Corporation Act is amended by striking out "the Budget and Accounting Act, 1921" and inserting in lieu thereof "chapter 11 of title 31, United States Code".

12 USC

1749bbb-13.

42 USC 4017.

42 USC 4101.

42 USC 4124.

12 USC 1701Z-2.

42 USC 5302.

42 USC 5308.

42 USC 5318.

42 USC 1440.

42 USC 8107.

MISCELLANEOUS TECHNICAL CORRECTIONS

SEC. 204. (a)(1) Section 4 of the National Housing Act is amended by striking out "suuch" and inserting in lieu thereof "such".

12 USC 1705.

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 98 STAT. 2232 12 USC 1709. 12 USC 1713.

12 USC 1715d.

PUBLIC LAW 98-479—OCT. 17, 1984

(2) Section 203(n)(2)(A) of the National Housing Act is amended by striking out "an" and inserting in lieu thereof "a". (3) The first sentence of section 207(i) of the National Housing Act is amended by inserting "section" before "221(g)". (4)(A) The National Housing Act is amended by inserting the following section heading for section 214: "INSURANCE OF MORTGAGES ON PROPERTY IN ALASKA, GUAM, AND HAW A l l ".

12USei715d.

12 USC 1715h. 12 USC 1715/.

12 USC 1715n. 12 USC 1715z. 12 USC 1715Z-1.

12 USC 1715Z-5.

12 USC 1715Z-6.

12 USC 1715Z-7.

12 USC 1715Z-8.

12 USC 1717.

12 USC 1731a. 12 USC 1731b.

(B) The third sentence of section 214 of the National Housing Act is amended by striking out "Nowithstanding" and inserting in lieu thereof "Notwithstanding", (5) Section 217 of the National Housing Act is amended by inserting "section 244, section 245," after "236,". (6) Section 221(d)(3)(iii) of the National Housing Act is amended by striking out "rehabilited" and inserting in lieu thereof "rehabilitated". (7) The first sentence of section 223(f)(2) of the National Housing Act is amended by inserting "a" before "multifamily". (8) Section 235(i)(3)(C) of the National Housing Act is amended by striking out "Seretary" and inserting in lieu thereof "Secretary'. (9) Section 236(j)(5)(C) of the National Housing Act is amended by striking out "or residents" and inserting in lieu thereof "of residents". (10) Section 240(a) of the National Housing Act is amended by striking out "purchasers" and inserting in lieu thereof "purchases". (11) The first sentence of section 241(a) of the National Housing Act is amended by striking out "to made" and inserting in lieu thereof "to make". (12) Section 241(b)(1) of the National Housing Act is amended by striking out "of facility" and inserting in lieu thereof "or facility'. (13) Section 242(d)(3)(A) of the National Housing Act is amended by striking out the comma at the end thereof and inserting in lieu thereof a semicolon. (14) Section 243(d)(2) of the National Housing Act is amended by redesignating subparagraphs (1) through (3) as subparagraphs (A) through (C), respectively. (15) Section 243(j)(3)(ii) of the National Housing Act is amended by striking out the period at the end thereof and inserting in lieu thereof"; and". (16) The fourth sentence of section 302(b)(2) of the National Housing Act is amended by striking out "Corporation" and inserting in lieu thereof "corporation". (17) The National Housing Act is amended by inserting the following section heading for section 512: "PENALTIES '. (18) The National Housing Act is amended by inserting the following section heading for the first section 513: PROHIBITION AGAINST TRANSIENT HOUSING".

12 USC 1732. 12 USC 1732 note.

12 USC 1734.

(19) The National Housing Act is amended by redesignating the second section 513 as section 513A. Any reference in any law, regulation, order, document, record, or other paper of the United States to the section redesignated in this paragraph hereby is deemed to refer to section 513A of the National Housing Act. (20) The National Housing Act is amended by inserting the following section heading for section 515: "AMENDMENT, EXTENSION, OR INCREASE OF COMMITMENT AMOUNTS".

12 USC 1735.

(21) The National Housing Act is amended by inserting the following section heading for section 516: "PAYMENT OF CERTAIN FUNDS TO TREASURY".

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98 STAT. 2233

(22) Section 527 of the National Housing Act is amended by inserting "(a)" after the section designation. (23) The last sentence of section 904(d) of the National Housing Act is amended by striking out "auhorized" and inserting in lieu thereof "authorized". (b)(1) The first sentence of section 6(a) of the United States Housing Act of 1937 is amended by striking out "convenants" and inserting in lieu thereof "covenants". (2) Section 14(a) of the United States Housing Act of 1937 is amended by striking out the comma at the end of each of paragraphs (1) and (2) and inserting in lieu thereof a semicolon. (c)(1) The last sentence of section 105(f) of the Housing Act of 1949 is amended by striking out "Committees on Banking and Currency of the Senate and the House of Representatives" and inserting in lieu thereof the following: "Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Banking, Finance and Urban Affairs of the House of Representatives". (2) Section 523(g) of the Housing Act of 1949 is amended by inserting "Housing" before "Land" the second place it appears. (3) The Housing Act of 1949 is amended by inserting the following section heading for section 528: "TAXATION OF PROPERTY HELD BY

12 USC i735f-5. 12 USC I750c. 42 USC I437d. 42 USC 1437/. 42 USC 1455.

42 USC I490c. 42 USC I490h.

SECRETARY".

(d) Section 402(a)(2) of the Housing Act of 1950 is amended by striking out "Administrator" each place it appears and inserting in lieu thereof "Secretary". (e) Section 101(j)(l)(D) of the Housing and Community Development Act of 1965 is amended by striking out "divided" and inserting in lieu thereof "dividend". if) The second sentence of section 106(b)(1) of the Housing and Urban Development Act of 1968 is amended by striking out "architectual" and inserting in lieu thereof "architectural". (g) The last sentence of section 1309(a) of the National Flood Insurance Act of 1968 is amended— (1) by striking out "and Currency" and inserting in lieu thereof ", Finance and Urban Affairs"; and (2) by inserting a comma after "Housing". (h) Section 308(f) of the Federal Home Loan Mortgage Corporation Act is amended by striking out "United States Code" and inserting in lieu thereof "United States". (i) Section 702(d)(8) of the National Urban Policy and New Community Development Act of 1970 is amended by striking out "of the last place it appears. (j) The last sentence of section 201(e) of the Flood Disaster Protection Act of 1973 is amended by striking out the quotation marks. (k)(1) The first sentence of section 108(h) of the Housing and Community Development Act of 1974 is amended by striking out "subsection (g)" and inserting in lieu thereof "subsection 0*)". (2) Section 117(B) of the Housing and Community Development Act of 1974 is amended by striking out "of 1965 (Public Law 81-428;" and inserting in lieu thereof ", 1955 (Public Law 83-428;". (1) Section 604(e) of the National Manufactured Housing Construction and Safety Standards Act of 1974 is amended by striking out

12 USC I749a.

12 USC I70is. 12 USC I70ix. 42 USC 4016.

12 USC 1457. 42 USC 4502. 42 USC 4105. 42 USC 5308. 42 USC 5317. 42 USC 5403.

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 98 STAT. 2234

PUBLIC LAW 98-479—OCT. 17, 1984

"than" the last place it appears and inserting in lieu thereof "that". (m)(l) Section 107 of the Emergency Homeowners' Relief Act is amended— 12 USC 2706. (A) by striking out "(a)(1)" and inserting in lieu thereof "(a)"; (B) by redesignating subparagaphs (A) through (C) of paragraph (1) as paragraphs (1) through (3), respectively; (C) by redesignating paragraph (2) as subsection (b); and (D) by redesignating subparagraphs (A) and (B) of paragraph (2) as paragraphs (1) and (2), respectively. (2) Section 110 of the Emergency Homeowners' Relief Act is 12 USC 2709. amended by striking out the subsection designation. (n)(l) Section 201(c) of the Housing and Community Development Amendments of 1978 is amended by striking out "a" the first place 12 USC it appears and inserting in lieu thereof "A". 1715z-la. (2) Section 201(j) of the Housing and Community Development Amendments of 1978 is amended by striking out "236(fK3)(B)" and inserting in lieu thereof "236(f)(3)". (3) Section 209(d) of the Housing and Community Development 12USei701z-13. Amendments of 1978 is amended by striking out "conjuction" and inserting in lieu thereof "conjunction". (4) Section 905(b)(l) of the Housing and Community Development Amendments of 1978 is amended by inserting "of 1974" after "Act". 42 USC 3541. AMENDMENT TO THE TRUTH IN LENDING ACT

SEC. 205. Section 125(e) of the Truth in Lending Act (15 U.S.C. 1635(e)) is amended— (1) by striking out "(1)" after "(e)"; (2) by redesignating clauses (A) through (D) as clauses (1) through (4), respectively; and (3) by striking out paragraph (2). CREDIT U N I O N LOANS TO HOMEOWNERS

SEC. 206. Section 107(5)(A)(ii) of the Federal Credit Union Act (12 U.S.C. 1757(5)(A)(ii)) is amended to read as follows: "(ii) a loan to finance the purchase of a mobile home, which shall be secured by a first lien on such mobile home, to be used by the credit union member as his residence, a loan for the repair, alteration, or improvement of a residential dwelling which is the residence of a credit union member, or a second mortgage loan secured by a residential dwelling which is the residence of a credit union member, shall have a maturity not to exceed fifteen years unless such loan is insured or guaranteed as provided in subparagraph (iii);".

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98 STAT. 2235

AMENDMENT TO THE FEDERAL HOME LOAN BANK ACT

SEC. 207. Section 5A(b)(l)(D) of the Federal Home Loan Bank Act (12 U.S.C. 1425a(b)(l)(D)) is amended by striking out "solely to any of the obligations or other investments enumerated in subparagraphs (A) through (C)" and inserting in lieu thereof "solely to any of the obligations or other investments enumerated in subparagraphs (A) through (C), (F), and (G)". Approved October 17, 1984.

LEGISLATIVE HISTORY—S. 2819: HOUSE REPORT No. 98-1103 (Comm. of Conference). CONGRESSIONAL RECORD, Vol. 130 (1984): June 29, considered and passed Senate. Sept. 11, considered and passed House, amended. Oct. 2, House agreed to conference report. Oct. 3, Senate agreed to conference report. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 20, No. 42 (1984): Oct. 17, Presidential statement.

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 98 STAT. 2236

PUBLIC LAW 98-480—OCT. 17, 1984

Public Law 98-480 98th Congress An Act Oct. 17, 1984 [H.R. 2878] Grants. Library Services and Construction Act Amendments of 1984. 20 USC 351 note. 20 USC 351 note.

20 USC 351 note.

To amend and extend the Library Services and construction Act.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, TITLE I—LIBRARY SERVICES AND CONSTRUCTION SHORT TITLE; F I N D I N G S

SEC. 101. (a) This title may be cited as the "Library Services and Construction Act Amendments of 1984". OJ) The Congress finds that— (1) the role of libraries has expanded to include (A) providing programs to meet the needs of special segments of the population, including librarian training and outreach programs, (B) providing literacy training for illiterate and functionally illiterate adults, and (C) sharing resources and materials among a wide variety of libraries; (2) it has become necessary to expand the role of libraries as information centers for their communities, utilizing improved and new technologies and resources to meet the increasing need for information services and educational resources of Americans in a rapidly changing economy; (3) funding for construction of new libraries and renovation of existing libraries is essential to ensure continuation of library services for the public; (4) attention should be paid to the needs of small and rural community libraries and information centers because these facilities are often underfunded and understaffed and as a consequence cannot adequately serve the needs of the community; and (5) the scope and purpose of the Library Services and Construction Act should therefore be revised to include a more comprehensive range of programs which may receive funds thereunder and to ensure the extension of services to minorities and other populations that would otherwise be unable to use regular library facilities. DECLARATION OF PURPOSE

20 USC 351. Indians.

SEC. 102. (a) Section 2(a) of the Library Services and Construction Act (hereafter in this title referred to as "the Act") is amended to read as follows: "SEC. 2. (a) It is the purpose of this Act to assist the States in the extension and improvement of public library services to areas and populations of the States which are without such services or to which such services are inadequate and to assist Indian tribes in planning and developing library services to meet their needs. It is the further purpose of this Act to assist with (1) public library

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98 STAT. 2237

construction and renovation; (2) improving State and local public library services for older Americans, and for handicapped, institutionalized, and other disadvantaged individuals; (3) strengthening State library administrative agencies; (4) promoting interlibrary cooperation and resource sharing among all types of libraries; (5) strengthening major urban resource libraries; and (6) increasing the capacity of libraries to keep up with rapidly changing information technology.". (b) Section 2(b) of the Act is amended by inserting "and Indian tribes" before the period at the end of the second sentence.

Aged persons. Handicapped persons. Disadvantaged persons.

Indians. 20 USC 351.

DEFINITIONS; ADMINISTRATIVE AMENDMENT

SEC. 103. (a) Section 3 of the Act is amended— (1) by striking out paragraph (1) and inserting in lieu thereof the following: "(1) 'Secretary' means the Secretary of Education."; (2) by inserting after the first sentence in paragraph (2) the following new sentence: "Such term includes remodeling to meet standards under the Act of August 12, 1968, commonly known as the 'Architectural Barriers Act of 1968', remodeling designed to conserve energy, renovation or remodeling to accommodate new technologies, and the purchase of existing historic buildings for conversion to public libraries."; (3) by inserting "the Northern Mariana Islands," after "the Virgin Islands," in paragraph (7); (4) by striking out the parenthetical in paragraph (9) and inserting in lieu thereof the following: "(including mentally retarded, hearing impaired, speech impaired, visually handicapped, seriously emotionally disturbed, orthopedically impaired, or other health impaired persons who by reason thereof require special education)"; and (5) by adding at the end thereof the following new paragraphs: "(15) 'Indian tribe' means any Indian tribe, band, nation, or other organized group or community, including any Alaskan Native village or regional or village corporation as defined in or established pursuant to the Alaskan Native Claims Settlement Act, which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians, as determined by the Secretary after consultation with the Secretary of the Interior. "(16) 'Hawaiian native' means any individual any of whose ancestors were natives prior to 1778 in the area which now comprises the State of Hawaii.". (b) The Act is amended— (1) by striking out "Commissioner" each place it appears and inserting in lieu thereof "Secretary"; and (2) by striking out "Commissioner's" each place it appears and inserting in lieu thereof "Secretary's".

20 USC 351a.

42 USC 4151 note.

43 USC 1601 note.

AUTHORIZATION OF APPROPRIATIONS

SEC. 4. (a) Section 4(a) of the Act is amended to read as follows: "SEC. 4. (a) There are authorized to be appropriated— "(1) for the purpose of making grants as provided in title I, $75,000,000 for fiscal year 1985, $80,000,000 for fiscal year 1986,

20 USC 851b. 20 USC 352.

�


text:
Page:United States Statutes at Large Volume 98 Part 2.djvu/1078

 98 STAT. 2238

20 USC 355a. 20 USC 355e.

Post, p. 2244. Post, p. 2245. Post, p. 2243.

20 USC 351b.

PUBLIC LAW 98-480—OCT. 17, 1984

$85,000,000 for fiscal year 1987, $90,000,000 for fiscal year 1988, and $95,000,000 for fiscal year 1989; "(2) for the purpose of making grants as provided in title II, $50,000,000 for each of the fiscal years 1985, 1986, 1987, 1988, and 1989; "(3) for the purpose of making grants as provided in title III, $20,000,000 for fiscal year 1985, $25,000,000 for fiscal year 1986, $30,000,000 for fiscal year 1987, $35,000,000 for fiscal year 1988, and $30,000,000 for fiscal year 1989; "(4) for the purpose of making grants as provided in title V, $1,000,000 for each of the fiscal years 1985, 1986, 1987, and 1988; and "(5) for the purpose of making grants as provided in title VI, $5,000,000 for each of the fiscal years 1985, 1986, 1987, and 1988. There shall be available for the purpose of making grants under title IV for each of the fiscal years 1985, 1986, 1987, 1988, and 1989, 1.5 per centum of the amount appropriated pursuant to each of clauses (1), (2), and (3) for each such fiscal year. There shall be available for the purpose of making grants under section 5(d) for such fiscal years 0.5 per centum of the amount appropriated pursuant to each of such clauses for each such fiscal year.". OJ) Section 4 of the Act is further amended by adding at the end thereof the following new subsection: "(c)(1) For the purpose of affording adequate notice of funding available under this Act, appropriations under this Act are authorized to be included in an appropriation Act for the fiscal year preceding the fiscal year for which they are first available for obligation. "(2) In order to effect a transition to the advance funding method of timing appropriation action, the provisions of this subsection shall apply notwithstanding that its initial application will result in the enactment in the same year (whether in the same appropriation Act or otherwise) of two separate appropriations, one for the then current fiscal year and one for the succeeding fiscal year.". ALLOTMENTS TO STATES AND INDIAN TRIBES

20 USC 351c.

Ante, p. 2237. Post, p. 2244.

SEC. 105. Section 5 of the Act is amended— (1) by inserting "AND INDIAN TRIBES" after "STATES" in the heading of such section; (2) by striking out "paragraph (1), (2), (3), or (4)" each place it appears in subsection (a) and inserting in lieu thereof "clause (l),(2),or(3)"; (3) by inserting "the Northern Mariana Islands," after "the Virgin Islands," each place it appears in subsection (a)(3); (4) in subsection (a)(3), by inserting "and" at the end of clause (B), by striking out "; and" at the end of clause (C), and inserting in lieu thereof a period, and by striking out clause (D); (5) in subsection (b), by striking out "paragraph (1), (2), or (3)" and inserting in lieu thereof "clause (1), (2), or (3)"; and (6) by adding at the end thereof the following new subsections: "(c)(1) From the sums available pursuant to the second sentence of section 4(a) for any fiscal year, the Secretary shall allot an equal amount to each Indian tribe. Grants from such allotted amounts shall be made to Indian tribes which have submitted approved applications under section 403.

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text:
Wikisource:Copyright discussions/Archives/2011-06

=Kept=

Tom Swift and His Giant Telescope
=Deleted=

Address to the Saskatchewan Liberal Party
I cannot remember if there are any exemptions for Canadian political leaders, however, my gut instinct is that there is not, and if that is the case, then this work would be covered by copyright. — billinghurst  sDrewth  15:43, 10 June 2011 (UTC)

=Other=

Customs of possible copyright violations
ResScholar posted the below on my talk page and, so that I can share my response with all, I thought I would post it and my response here.

 * Because of particular circumstances of Wikisource, the customs we have on this website don't correspond exactly with the sense of the deletion page notice. Because we have a large backlog of cases to deal with, the prevailing custom of Possible Copyright Violations is to use the copyvio notice as a warning and to attract the possible violator to the Copyvio page.

 * The copyright violation refers to our website policy of only hosting "free" texts, not necessarily a violation of the law. It is probably not illegal to host them here once warning has been made and they are hidden from view, as the republication would be done by an individual disregarding the warning.  In other cases it is probably even legal to post them openly, as we are, in certain specific cases, only making "fair use" of them in an academic type of setting.

 * Once the possible violator learns about the discussion page, they usually present a defense of their work, and it gets discussed by admins.

 * More often, what occurs is that an admin takes a work from our backlog, thinks about and presents the work along with reasons for deleting the work, though sometimes with the reasons implied through a sort of understood shorthand if the case is less difficult. This makes the case easier to archive since we don't know ahead of time in what month the case will be decided, and each case or whether one work or a series of similar works, can be understood independently of other cases.

 * Finally, we generally don't delete works immediately as there are factions on Wikisource who want to host more than "free" texts, and so they sometimes take the opportunity to stretch the "free" definition as far as possible. If we give them time to object, it prevents them from being able to complain later if the results aren't to their liking.

 * I hope this helps explain some of the behavior you may see at Possible Copyright Violations, and that it soothes your irritation if that is what I am seeing from you.

 * I personally appreciate the work you have done to find the works you have found that may violate the terms of "what Wikisource includes". The only other delay I should expect, apart from the one I described, is that of notifying the contributors of the removal if they wish to make a defense.  ResScholar (talk) 05:29, 22 April 2010 (UTC)

 * Thank you ResScholar. There is a lot to take in there. The procedure of hiding pieces from view is one I am familiar with. The concept of making "fair use" of copyright-protected pieces is something I am not familiar with.
 * On this - "More often, what occurs is that an admin takes a work from our backlog, thinks about and presents the work along with reasons for deleting the work, though sometimes with the reasons implied through a sort of understood shorthand if the case is less difficult." I hope this does not mean that the burden is on me (or other editors) to prove that a piece is in breach of copyright? Surely this should be the job of the editor who puts the material up?
 * Re ":Finally, we generally don't delete works immediately as there are factions on Wikisource who want to host more than "free" texts, and so they sometimes take the opportunity to stretch the "free" definition as far as possible. If we give them time to object, it prevents them from being able to complain later if the results aren't to their liking." My experience, for example, in respect of a good number of pieces that I previously published, was that AdminBillinghurst 'hid them' in the usual way, and then it was left for me to raise their discussion on this page. I have absolutely no problem with that approach. It is entirely reasonable and appropriate. As publisher, the work should be on me to establish the copyright position. In a few cases now, with the help of others, I have now done that. In one or two other cases, I have conceded that material I published is not copyright free and should be hidden or deleted. I am personally following AdminBillinghurst's approach in a number of other pieces where I have now 'hidden them' and am waiting for editors to raise their status on this page if they want them to be 'unhidden'.
 * Thank you for your encouragement for my work in identifying pieces that are not copyright free and then following the standard approach (like that used by Billinghurst with my own pieces in the past). You mention notifying contributors. I am not sure I understand what you mean by that. I certainly received no notification from AdminBillinghurst about most of the articles I had contributed that he had 'hidden'. Is it a requirement that before I 'hide' a piece and post a 'potential copyright violation' tag etc, that I also leave a message on the related user's talk page to that effect?
 * This is ResScholar: Allow me to interject briefly.  Unless your work was a PD-Manifesto, where a hundred works were hidden simultaneously recently, I am willing to bet that although Billinghurst placed a notice on some of your works, he did not begin a process to have them deleted here at Possible copyright violations.  We are especially careful to delay proceedings if the contributor is thought to be active, and likely to return in the near future.  Once listed here, however, an effort is usually made to contact the contibutor on their user talk  page. ResScholar (talk) 08:03, 22 April 2010 (UTC)
 * In reply to your interjection - what I said was "AdminBillinghurst 'hid them' in the usual way". I never said he sought to delete them. I do not know if he did or not but expect you are right and beyond hiding them, he probably proposed to take no other action (Billinghurst can presumably clarify what was his intent). Any way, he hid the articles. Thereafter, they were no longer accessible save if you go into the history log of the page and dig them out. As I say I have no problem with what Billinghurst did (and I have started helping out vis-a-vis copyright duties in a similar fashion). The tag he put on my articles reads "The contents of this page may violate Wikisource's copyright policy. The contents have been hidden and are being discussed [although they were not in fact being discussed there....but I agree with Billinghurst's approach that if a discussion is to start, it should be the publisher who starts it...the burden is on them] at Possible copyright violations, where you may add your comments. A contributor has the primary responsibility [the logic of this (in italics) is in fact that is for the contributor to start the copyright discussion] for establishing that a work may be legally included in Wikisource under the terms of its Copyright policy. Other users may make efforts to establish the validity of the text's inclusion, but they are under no obligation to do so. Failure to establish validity may result in the deletion of the text."
 * Re. "I hope this helps explain some of the behavior you may see at Possible Copyright Violations, and that it soothes your irritation if that is what I am seeing from you." Thanks again ResScholar. I appreicate your thoughtfulness and your taking the time to communicate with me. It is apprecited. Generally, I am very content with the principles (as I currently understand them) concerning how copyright rules should operate on this Website. I respect the law and have no problem with my or other person's pieces being 'hidden' (as many of my pieces were) or removed (as at least one of my pieces - currently still under discussion was). However, I am hoping for a level playing field around here. I have identified a few pieces now where I cannot 'hide' them because technically, only Admins can edit them. Yet these pieces most likely violate copyright and most certainly the burden for establishing copyright should be on the editors who contributed them. In the meantime they should be 'hidden' as my pieces were. If the position is otherwise, whether intended or not, there are two standards being applied.
 * Thanks again. Formosa (talk) 06:37, 22 April 2010 (UTC)

 * I believe the 2006 locked articles are, in fact, part of that ever growing backlog that was mentioned - not the intentional application of a double standard by anyone. In the years that followed, fewer and fewer requests to lock were proposed & granted as moderating and patrolling techniques were refined (eliminating the need for such "locking" I surmise). George Orwell III (talk) 07:08, 22 April 2010 (UTC)

 * Why have the locked articles that Formosa identified as probable copyvio not been tagged and hidden? JeepdaySock (talk) 10:47, 22 April 2010 (UTC)

Outstanding Issues
This is a list of outstanding issues where I have received no response or an inadequate response - I am flagging these here in the hope of focussing attention back on them. Formosa (talk) 13:25, 26 April 2010 (UTC)
 * . In this discussion, I have asked Billinghurst why he is applying two sets of copyright rules: One standard for new works and a lower standard for existing works published on this website. Billinghurst has said that the differentiation is justified because old works have been “patrolled”. I asked him to explain on what basis he can say that they have ever been “patrolled”. After all, in many cases they are in clear breach of copyright – hence why are double standards being applied. He has given no response on this point except to say that he will “leave [me] to it.”. This is the most important discussion I have raised here.
 * – I do not know if this work is an “Edict of Government” either. Carl Lindberg thought it might be but given that Billinghurst has ‘tagged and hidden’ other similar works, I do not know if it is or is not an “Edict of Government”. Can any one answer whether it is or is not an "Edict of Government"?
 * – Whether this work is copyright-ok or not hinges, once again, on whether it is an “Edict of Government”. Billinghurst indicated that it was not but his responses contained contradictions. Can any one answer whether it is or is not an "Edict of Government"?
 * – I identified these “locked” articles as being in copyright breach. User: JeepdaySock has asked "[w]hy have the locked articles that Formosa identified as probable copyright breaches not been tagged and hidden?" He has received no response whatsoever. The articles have not been "tagged and hidden" or deleted.

Edict of Government

 * – I asked whether for something to be considered an “Edict of Government”, it must have ‘legal effects’ and must be made by a Government (i.e. that a Minister’s statement won’t do). Billinghurst says that these questions have been answered. I disagree and say that I still have no answers to these questions. Can any one decipher what the answer is?
 * – This page was “tagged and hidden” by Billinghurst. I listed it here for discussion. He has not given any reasons for why it is in violation of copyright. Whether it is or is not probably depends on whether it is a “Edict of Government”. Can any one answer whether it is or is not an "Edict of Government"?

 * The best guidance on the meaning of edicts of government is in the Copyright Compendium, which was pointed out in previous discussions. It says: Edicts of government, such as judicial opinions, administrative rulings, legislative enactments, public ordinances, and similar official legal documents are not copyrightable for reasons of public policy. This applies to such works whether they are Federal, State, or local as well as to those of foreign governments.  So yes, the emphasis is on documents with legal effect.  Most of the works you mention there are not edicts of government by that definition, which means the U.S. Copyright Office would deem them copyrightable, as they note explicitly in a later section, and that copyright would need to expire before they can be hosted here. For recent stuff, that would not be the case, and most of the above should be deleted.  The Japanese speech is borderline-ish to me, but the rest should be deleted I think.  Carl Lindberg (talk) 13:50, 30 April 2010 (UTC)

 * Carl – Thanks for that – A review should get under way as to when this “Edicts of Government “ tag is used here on Wiki. A lot of works are probably need to come down. I will start the job. Your explanation was clear to me until you said that the Japanese speech is borderline. How can it be borderline. It is not an ordinance of government etc nor does it have any legal effect. Do you disagree? Thanks. Formosa (talk)

Help:Licensing_compatibility to discuss
At this edit (and I revived the deleting edit) there is reference to Help:Licensing_compatibility. At that page it discussed UK laws, and that they do not allow non-derivative works. Now I wasn't here at that time, however, to me we should be able to host acts and regulations under PD-EdictGov. Also I haven't dug into the specific links, however, it would seem interesting if one government alone was able to lay copyright to international regulations, unless of course they are local variations of international components. — billinghurst  sDrewth  15:51, 19 July 2010 (UTC)

 * If it falls under PD-EdictGov, then yes, we can host it here. UK laws do not trump US laws, in the United States, which is the law we follow.  All Canadian/UK legislation, from whatever era, is fine here.  Commons cannot host that type of work, and non-edict items under Crown Copyright also cannot be here though.  Carl Lindberg (talk) 00:57, 20 July 2010 (UTC)

FINALLY!! Chapter CXXMLVI of All edicts can be a law but not all laws can be edicts released :)

(or restore in this case). - In addition to Carl's point, this UK legislation is akin to it's U.S. sister Title(s) governing the same practices in the U.S. by the United States Code and/or in the Code of Federal Regulations as ratified by the IMO membership (admittedly not 100% clear if International Maritime Organization is U.N. based or not off the top of my head). George Orwell III (talk) 01:38, 20 July 2010 (UTC)
 * (Off the top of Google search) International Maritime Organization – IMO is the United Nations' specialized agency responsible for improving maritime safety and preventing pollution from ships.


text:
Page:United States Statutes at Large Volume 98 Part 2.djvu/1079

 PUBLIC LAW 98-480—OCT. 17, 1984

98 STAT. 2239

"(2) Any allotted funds for which an Indian tribe does not apply, or applies but does not qualify, shall be reallocated by the Secretary among Indian tribes which have submitted approved plans under section 404. In making such allocations (A) no funds shall be aliocated to an Indian tribe unless such funds will be administered by a librarian, and (B) the Secretary shall take into account the needs of Indian tribes for such allocations to carry out the activities described in section 4020t)). "(d)(1) From the sums available pursuant to the last sentence of section 4(a) for any fiscal year, the Secretary shall make grants to organizations primarily serving and representing Hawaiian natives that are recognized by the Governor of the State of Hawaii. "(2) Grants under this subsection shall be made on the basis of applications and plans submitted by such organizations that are consistent with the requirements imposed pursuant to sections 403 and 404. Funds made available by grants under this subsection may be used for the purposes specified in clauses (1) through (8) of section 402(a). Section 402(c) shall apply with respect to the cultural materials of Hawaiian natives.".

Post, p. 2244.

Post, p. 2243. Ante, p. 2237.

Post, p. 2244. Post, p. 2244. Post, p. 2243.

PLANS AND PROGRAMS

SEC. 106. Section 6 of the Act is amended— (1) by striking out "STATE" in the heading of such section; (2) by striking out "titles I, II, III, and IV" in subsection (a) and inserting in lieu thereof "titles I, II, and III"; (3) by striking out clause (4) of subsection (b) and inserting in lieu thereof the following: "(4) provide that priority will be given to programs and projects— "(A) that improve access to public library resources and services for the least served populations in the State, including programs for individuals with limited Englishspeaking proficiency or handicapping conditions, and programs and projects in urban and rural areas; "(B) that serve the elderly; "(C) that are designed to combat illiteracy; and "(D) that increase services and access to services through effective use of technology."; and (4) by adding at the end thereof the following new subsection: "(g)(1) Any Indian tribe desiring to receive its allotment under section 5(c)(1) shall submit an application to the Secretary in accordance with section 403. "(2) Any Indian tribe desiring to receive an additional allocation under section 5(c)(2) shall submit a plan in accordance with section 404.".

20 USC 35id.

Ante, p. 2238. Post, p. 2244. Ante, p. 2238. Post, p. 2244.

PAYMENTS

SEC. 107. Section 7 of the Act is amended— (1) by striking out "TO STATES" in the heading of such section; (2) by striking out "paragraph (1), (2), (3), or (4)" in subsection (a) and inserting in lieu thereof "clause (1), (2), or (3)"; (3) by striking out "and title IV" in subsection (b)(1); (4) by inserting "and the Northern Mariana Islands" after "American Samoa," in subsection (b)(D; (5) by inserting "the Northern Mariana Islands," after "the Virgin Islands," in subsection (b)(2); and

20 USC 35le.

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text:
Page:United States Statutes at Large Volume 98 Part 2.djvu/1080

 98 STAT. 2240

Ante, p. 2237. Post, p. 2244. Ante, p. 2238. Post, p. 2244. Ante, p. 2239.

PUBLIC LAW 98-480—OCT. 17, 1984

(6) by adding at the end thereof the following new subsection: "(c) From the sums available pursuant to the second sentence of section 4(a), the Secretary shall pay to each Indian tribe which has an approved application under section 403 an amount equal to such tribe's allotment under section 5(c)(1) and shall pay to each Indian tribe which has an approved plan under section 404 an amount equal to such tribe's additional allocation under section 6(g)(2), except that such additional allocation shall not exceed 80 percent of the cost of carrying out such plan.". ADMINISTRATIVE COST

20 USC 35lf.

SEC. 108. Section 8 of the Act is amended to read as follows: "ADMINISTRATIVE COST

20 USC 352, ^^^^ 20 USC 355e.

"SEC. 8. A State may expend funds received under titles I and II for administrative costs in connection with programs and activities carried out under titles I, II, and III, but such administrative expenditures under such titles for any fiscal year may not exceed the greater of (1) 6 per centum of the sum of the amounts allotted to such State under such titles for such fiscal year, or (2) $60,000.". GRANTS FOR LIBRARY SERVICE

20 USC 352.

S E C 109. Section 101 of the Act is amended to read as follows: "GRANTS TO STATES FOR LIBRARY SERVICES

Ante, p. 2237. Ante, p. 2239. Post, p. 2241.

"SEC. 101. The Secretary shall carry out a program of making grants from sums appropriated pursuant to section 4(a)(1) to States which have approved basic State plans under section 6 and have submitted annual programs under section 103— "(1) for the extension of public library services to areas and populations without such services and the improvement of such services to areas and populations to ensure that such services are adequate to meet user needs and to make library services accessible to individuals who, by reason of distance, residence, handicap, age, literacy level, or other disadvantage, are unable to receive the benefits of public library services regularly made available to the public; "(2) for adapting public library services to meet particular needs of individuals within the States; "(3) for assisting libraries to serve as community information referral centers; "(4) for assisting libraries in providing literacy programs for adults and school dropouts in cooperation with other agencies and organizations, if appropriate; "(5) for strengthening State library administrative agencies; and "(6) for strengthening major urban resource libraries.". USES OF FEDERAL FUNDS

20 USC 353.

SEC. 110. Section 102(a)(1) of the Act is amended by inserting "assist libraries to serve as community centers for information and referral and to" after "designed to".

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text:
Page:United States Statutes at Large Volume 98 Part 2.djvu/1081

 PUBLIC LAW 98-480—OCT. 17, 1984

98 STAT. 2241

STATE LIBRARY SERVICE PROGRAM

SEC. 111. Section 103 of the Act is amended— (1) by inserting after "handicapped" in clause (3) the following: "and institutionalized individuals"; (2) by redesignating clauses (4) and (5) as clauses (6) and (7), respectively, and inserting after clause (3) the following: "(4) describe the uses of funds for programs for the elderly, which may include (A) the training of librarians to work with the elderly; (B) the conduct of special library programs for the elderly particularly for the elderly who are handicapped; (C) the purchase of special library materials for use by the elderly; (D) the payment of salaries for elderly persons who wish to work in libraries as assistants on programs for the elderly; (E) the provision of in-home visits by librarians and other library personnel to the elderly; (F) the establishment of outreach programs to notify the elderly of library services available to them; and (G) the furnishing of transportation to enable the elderly to have access to library services; "(5) describe the manner in which funds for programs for handicapped individuals will be used to make library services more accessible to such individuals;"; and (3) by adding at the end thereof the following new sentence: "The amount which a State is required to expend pursuant to clause (3) of this section shall be ratably reduced to the extent that Federal allocations to the State are reduced.".

20 USC 354.

CONSTRUCTION: USE OF FUNDS

SEC. 112. (a) Section 202 of the Act is amended by striking out the second sentence and inserting in lieu thereof the following: "Such grants shall be used for the construction (as defined in section 3(2)) of public libraries.". (b)(1) Section 202 of the Act is further amended by inserting "(a)" after "SEC. 202." and by adding at the end thereof the following new subsections: "(b) For the purposes of subsection (a), the Federal share of the cost of construction of any project assisted under this title shall not exceed one-half of the total cost of such project. "(c) If, within 20 years after completion of construction of any library facility which has been constructed in part with funds made available under this title— "(1) the recipient (or its successor in title or possession) ceases or fails to be a public or nonprofit institution, or "(2) the facility ceases to be used as a library facility, unless the Secretary determines that there is good cause for releasing the institution from its obligation, the United States shall be entitled to recover from such recipient (or successor) an amount which bears the same ratio to the value of the facility at that time (or part thereof constituting an approved project or projects) as the amount of the Federal grant bore to the cost of such facility (or part thereof). The value shall be determined by the parties or by action brought in the United States district court for the district in which the facility is located.". (2) Subsection (c) of section 202 of the Act as added by the amendment made by paragraph (1) of this subsection shall apply to

20 USC 355b.

Courts, U.S. 20 USC 355b note.

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text:
Page:United States Statutes at Large Volume 98 Part 2.djvu/1082

 98 STAT. 2242 20 USC 355a.

PUBLIC LAW 98-480—OCT. 17, 1984

any facility constructed prior to or after the date of enactment of this Act with funds made available under title II of the Act. INTERLIBRARY COOPERATION AND RESOURCE SHARING

20 USC prec. 355e. 20 USC 355e.

Infra. 20 USC 355e-2.

SEC. 113. (a) The heading of title III of the Act is amended by inserting "AND RESOURCE SHARING" after "INTERLIBRARY COOPERATION". (b) Section 301 of the Act is amended— (1) by striking out "section 6 and" and inserting in lieu thereof "section 6,"; and (2) by inserting before the period at the end thereof a comma and the following: "and have submitted long-range and annual programs which are directed toward eventual compliance with the requirements ofsection 304". (c) Section 303 of the Act is amended by inserting "shall comply with the requirements of section 304," after "by regulation and" in the second sentence. (d) Title III of the Act is further amended by adding at the end thereof the following new section: " R E S O U R C E SHARING

20USe355e-3.

Ante, p. 2239.

"SEC. 304. (a) The long-range program and annual program of each State shall include a statewide resource sharing plan which is directed toward eventual compliance with the provisions of this section. "(b) In developing the State basic and long-range programs, the State library agency with the assistance of the State advisory council on libraries shall consider recommendations from current and potential participating institutions in the interlibrary and resource sharing programs authorized by this title. "(c) The State's long-range program shall identify interlibrary and resource sharing objectives to be achieved during the period covered by the basic and long-range plans required by section 6. The longrange program may include— "(1) criteria for participation in statewide resource sharing to ensure equitable participation by libraries of all types that agree to meet requirements for resource sharing; "(2) an analysis of the needs for development and maintenance of bibliographic access, including data bases for monographs, serials, and audiovisual materials; "(3) an analysis of the needs for development and maintenance of communications systems for information exchange among participating libraries; "(4) an analysis of the needs for development and maintenance of delivery systems for exchanging library materials among participating libraries; "(5) a projection of the computer and other technological needs for resource sharing; "(6) an identification of means which will be required to provide users access to library resources, including collection development and maintenance in major public, academic, school, and private libraries serving as resource centers; "(7) a proposal, where appropriate, for the development, establishment, demonstration, and maintenance of intrastate multitype library systems;

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text:
Page:United States Statutes at Large Volume 98 Part 2.djvu/1083

 PUBLIC LAW 98-480—OCT. 17, 1984

98 STAT. 2243

"(8) an analysis of the State's needs for development and maintenance of links with State and national resource sharing systems; and "(9) a description of how the evaluations required by section 6(d) will be conducted. "(d) Libraries participating in resource sharing activities under this section may be reimbursed for their expenses in loaning materials to public libraries.". LIBRARY SERVICES FOR INDIAN TRIBES

SEC. 114. Title IV of the Act is amended to read as follows: "TITLE IV—LIBRARY SERVICES FOR INDIAN TRIBES "FINDINGS AND PURPOSE; AUTHORIZATION OF GRANTS

"SEC. 401. (a) The Congress finds that— "(1) most Indian tribes receive little or no funds under titles I, II, and III of this Act; "(2) Indian tribes and reservations are generally considered to be separate nations and seldom are eligible for direct library allocations from States; "(3) the vast majority of Indians living on or near reservations do not have access to adequate libraries or have access to no libraries at all; and "(4) this title is therefor required specifically to promote special efforts to provide Indian tribes with library services. "(b) It is therefor the purpose of this title (1) to promote the extension of public library services to Indian people living on or near reservations; (2) to provide incentives for the establishment and expansion of tribal library programs; and (3) to improve the administration and implementation of library services for Indians by providing funds to establish and support ongoing library programs. "(c) The Secretary shall carry out a program of making grants from allotments under section 5(c)(1) to Indian tribes that have submitted an approved application under section 403 for library services to Indians living on or near reservations. "(d) The Secretary shall carry out a program of making special project grants from funds available under section 5(c)(2) to Indian tribes that have submitted approved plans for the provision of library services as described in section 404.

20 USC 361. 20 USC 352, 355a, 355e.

Ante, p. 2238. Post, p. 2244. Ante, p. 2238. Post, p. 2244.

"USE OF FUNDS

"SEC. 402. (a) Funds made available by grant under subsection (c) 20 USC 362. or (d) of section 401 may be used for— Supra. "(1) inservice or preservice training of Indians as library personnel; "(2) purchase of library materials; "(3) conduct of special library programs for Indians; "(4) salaries of library personnel; "(5) construction, purchase, renovation, or remodeling of library buildings and facilities; "(6) transportation to enable Indians to have access to library services; "(7) dissemination of information about library services;

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text:
The Battle Eternal

We live to fight for what we know To be the truth: we live to see The branches of the spirit grow Beyond the reaches of the 'Me'.

title: The Battle Eternal


text:
Page:United States Statutes at Large Volume 98 Part 2.djvu/1084

 98 STAT. 2244

PUBLIC LAW 98-480—OCT. 17, 1984

"(8) assessment of tribal library needs; and "(9) contracts to provide public library services to Indians living on or near reservations or to accomplish any of the activities described in clauses (1) through (8). "(b) Any tribe that supports a public library system shall continue to expend from Federal, State, and local sources an amount not less than the amount expended by the tribe from such sources for public library services during the second fiscal year preceding the fiscal year for which the determination is made. "(c) Nothing in this Act shall be construed to prohibit restricted collections of tribal cultural materials with funds made available under this Act. "APPLICATIONS FOR LIBRARY SERVICES TO INDIANS

20 USC 363. Ante, p. 2238.

"SEC. 403. Any Indian tribe which desires to receive its allotment under section 5(c)(1) shall submit an application which contains such information as the Secretary may require by regulation. "PLANS FOR LIBRARY SERVICES TO INDIANS

20 USC 364. Ante, p. 2238.

Ante, p. 2243.

"SEC. 404. Any Indian tribe which desires to receive a special project grant from funds available under section 5(c)(2) shall submit a plan for library services on or near an Indian reservation. Such plans shall be submitted at such time, in such form, and contain such information as the Secretary may require by regulation and shall set forth a program for the year under which funds paid to the Indian tribe will be used, consistent with— "(Da long-range program, and "(2) the purposes set forth in section 402(a). "COORDINATION W I T H PROGRAMS FOR INDIANS

20 USC 365.

"SEC. 405. The Secretary, with the Secretary of the Interior, shall coordinate programs under this title with the programs assisted under the various Acts and programs administered by the Department of the Interior that pertain to Indians.". FOREIGN LANGUAGE MATERIALS AND LITERACY PROGRAMS

SEC. 115. The Act is further amended by adding at the end thereof the following new titles: "TITLE V—FOREIGN LANGUAGE MATERIALS ACQUISITION " G R A N T S FOR FOREIGN LANGUAGE MATERIAL ACQUISITION

20 USC 371. Ante, p. 2237.

"SEC. 501. (a) The Secretary shall carry out a program of making grants from sums appropriated pursuant to section 4(a)(4) to State and local public libraries for the acquisition of foreign language materials. "(b) Recipients of grants under this title shall be selected on a competitive basis. "(c) No grant under this title for any fiscal year shall exceed $15,000.

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