text:
Page:United States Statutes at Large Volume 99 Part 1.djvu/512

 99 STAT. 490

PUBLIC LAW 99-116—OCT. 4, 1985 Public Law 99-116 99th Congress

t, I! 4]H ^ 8? Joint Resolution

Oct. 4, 1985 [H.J. Res. 394]

Disaster assistance.

Reaffirming our historic solidarity with the people of Mexico following the devastating earthquake of September 19, 1985.

Whereas on September 19, 1985, Mexico suffered a devastating earthquake resulting in heavy loss of life and injuries to many of its citizens; Whereas the United States is both Mexico's neighbor and friend; and Whereas bonds of family, friendship, and mutual esteem link the peoples of our two nations: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled. That the Government of the United States, on behalf of the citizens of the United States, extends to the people and Government of Mexico our most profound sympathies in this time of tragedy. SEC. 2. The President should provide all appropriate relief and rehabilitation assistance to help prevent further loss of life, alleviate suffering, and safeguard the public health in Mexico. SEC. 3. The United States, in consultation with the Government of Mexico, is prepared to cooperate with Mexico in long term efforts to recover from the effects of the earthquake. Approved October 4, 1985.

•JHC".

LEGISLATIVE HISTORY—H.J. Res. 394: CONGRESSIONAL RECORD, Vol. 131 (1985): Sept. 20, considered and passed House and Senate. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 21, No. 41 (1985): Oct. 4, Presidential statement.

�


text:
Page:United States Statutes at Large Volume 99 Part 1.djvu/513

 PUBLIC LAW 99-117—OCT. 7, 1985

Public Law 99-117 99th Congress

99 STAT. 491

An Act

To amend various provisions of the Public Health Service Act.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) this Act may be cited as the "Health Services Amendments of 1985". (b) Except as otherwise specifically provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or a repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Public Health Service Act.

Oct. 7, 1985 [S. 1689] Health Services Amendments of 1985. 42 USC 201 note.

42 USC 201 note.

HANSEN S DISEASE PROGRAM

SEC. 2. (a) Section 320 is amended to read as follows:

42 USC 247e.

"HANSEN'S DISEASE PROGRAM

"SEC. 320. (a) The Secretary— "(1) shall provide care and treatment (including outpatient care) without charge at the Gillis W. Long Hansen's Disease Center in Carville, Louisiana, to any person suffering from Hansen's disease who needs and requests care and treatment for that disease; and "(2) may provide for the care and treatment (including outpatient care) of Hansen's disease without charge for any person who requests such care and treatment. "(b) The Secretary shall make payments to the Board of Health of Hawaii for the care and treatment (including outpatient care) in its facilities of persons suffering from Hansen's disease at a rate, determined from time to time by the Secretary, which shall, subject to the availability of appropriations, be approximately equal to the operating cost per patient of those facilities, except that the rate determined by the Secretary shall not be greater than the comparable operating cost per Hansen's disease patient at the Gillis W. Long Hansen's Disease Center in Carville, Louisiana.". (b) The Public Health Service Facility in Carville, Louisiana, shall be known and designated as the "Gillis W. Long Hansen's Disease Center". Any reference in a law, map, regulation, document, record, or other paper of the United States to such facility shall be held to be a reference to the Gillis W. Long Hansen's Disease Center.

Louisiana. Hawaii.

LIMITED APPLICABILITY OF CERTAIN ADDITIONAL SPECIAL PAY TO PHYSICIANS IN THE PUBLIC HEALTH SERVICE COMMISSIONED CORPS

SEC. 3. (a) Section 208(a)(2) is amended— (1) by striking out "Commissioned" and inserting in lieu thereof "(A) Except as provided in subparagraph (B), commissioned"; and (2) by adding at the end the following new subparagraph:

51-194 O

QL. 3

Part 1

42 USC 210.

�

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


text:
Page:United States Statutes at Large Volume 99 Part 1.djvu/514

 99 STAT. 492

PUBLIC LAW 99-117—OCT. 7, 1985

"(B) A commissioned medical officer in the Regular or Reserve Corps may not receive additional special pay under section 302(a)(^^ of title 37, United States Code, for any period during which the 42 USC 254m. officer is providing obligated service under (i) section 338B, (ii) 42 USC 234. section 225(e) (as such section was in effect prior to October 1, 1977), 42 USC 294u. or (iii) section 752 (as such section was in effect between October 1, 1977, and August 13, 1981).". 42 USC 210 note. (b) The amendment made by subsection (a) shall not diminish any benefits under an agreement entered into before the date of enactment of this Act by a commissioned medical officer in the Regular Corps or the Reserve Corps of the Public Health Service. CASH AWARDS FOR COMMISSIONED OFFICERS

42 USC 213a. 10 USC 1124.

SEC. 4. Section 221(a) is amended by adding at the end thereof the following: "(15) Section 1124, Cash awards for suggestions, inventions, or scientific achievements.". HEALTH CARE FOR INVOLUNTARILY SEPARATED COMMISSIONED OFFICERS AND DEPENDENTS

42 USC 253.

SEC. 5. Section 326 is amended by inserting after subsection (a) the following new subsection: "(b)(1) The Secretary may provide health care for an officer of the Regular or Reserve Corps involuntarily separated from the Service, and for any dependent of such officer, if— "(A) the officer or dependent was receiving health care at the expense of the Service at the time of separation; and "(B) the Secretary finds that the officer or dependent is unable to obtain appropriate insurance for the conditions for which the officer or dependent was receiving health care. "(2) Health care may be provided under paragraph (1) for a period of not more than one year from the date of separation of the officer from the Service.". EVALUATION FUNDING

98 Stat. 2817. 42 USC 242c.

42 USC 300aa-12.

SEC. 6. Section 305(h) is amended by adding at the end thereof the following new sentence: "In administering this subsection, the Secretary shall assure that the amount to be made available in any fiscal year is seven and one-half percent of the maximum amount authorized to be made available under section 2113 in such fiscal year.". ALCOHOL, DRUG ABUSE, AND MENTAL HEALTH SERVICES BLOCK GRANT

98 Stat. 2359, 2355. 42 USC 800X-4.

SEC. 7. (a)(1) Section 1916(c) is amended— (A) by striking out paragraphs (14) and (15); and (B) by inserting immediately after paragraph (13) the following: "(14) Of the amount allotted to a State under this part in any fiscal year, the State agrees to use— "(A) in fiscal year 1985, not less than 3 percent of such amount; and "(B) in any other fiscal year, not less than 5 percent of such amount, to initiate and provide new or expanded alcohol and drug abuse services for women.

�


text:
Page:United States Statutes at Large Volume 99 Part 1.djvu/515

 PUBLIC LAW 99-117—OCT. 7, 1985 "(15) Of the amount to be used in any fiscal year for mental health activities, the State agrees to use not less than 10 percent of such amount to initiate and provide— "(A) in fiscal year 1985, new comprehensive community mental health services for underserved areas or for underserved populations, with special emphasis on new mental health services for severely disturbed children and adolescents; and "(B) in any other fiscal year, new or expanded comprehensive community mental health services for underserved areas or for underserved populations, with special emphasis on new or expanded mental health services for severely disturbed children and adolescents.". (3) Section 1916(g) is amended by inserting "or expanded" after "new" in the first sentence. (b) Section 1917(a) is amended— (1) by redesignating clauses (1), (2), (3), and (4) as clauses (A), (B), (C), and (D), respectively; (2) by inserting "(1)" after "(a)"; and (3) in clause (C) (as so redesignated), by inserting "or expanded" after "new". (c) Section 1920A is amended— (1) by striking out "part B of title XIX" in clause (1) and inserting in lieu thereof "this part"; and (2) by striking out "such part" each place it occurs in clause (2) and inserting in lieu thereof "this part",

99 STAT. 493

98 Stat. 2359, ^oJfcn QAA A 98 ^^^ 2359 42 USC 300x-5.

98 Stat. 2359. 42 USC 300x-9.

TECHNICAL AMENDMENTS RELATING TO GRANTS FOR A COUNCIL ON HEALTH CARE TECHNOLOGY

SEC. 8. (a) Section 309 is amended— (1) by inserting "GRANTS FOR A" before "COUNCIL" in the section heading; (2) by striking out "Council on Health Care Technology" and all that follows through "this section" in subsection (a)(1) and inserting in lieu thereof "council on health care technology"; (3) by inserting "(i)" before "The Secretary" in subsection (a)(2)(A); (4) by striking out "to the National Academy" and all that follows through "The amount of such grant" in subsection (a)(2)(A) and inserting in lieu thereof the following: "for the planning, development, and establishment of the council. The amount of an initial grant"; (5) by adding at the end of subsection (a)(2)(A) the following: "(ii) The Secretary shall request the National Academy of Sciences, acting through appropriate units, to submit an application for an initial grant under paragraph (1). If the Academy submits an acceptable application, the Secretary shall make the initial grant to the Academy. If the Academy does not submit an acceptable application for an initial grant under paragraph (1), the Secretary shall request one or more appropriate nonprofit private entities to submit an application for an initial grant under paragraph (1) and shall make a grant to the entity which submits the best acceptable application."; (6) by striking out "The Council shall" in subsection (c)(1) and inserting in lieu thereof "In order to qualify for a grant under this section for the operation of the council, the applicant must

98 Stat. 2820. 42 USC 242n.

�


text:
Page:United States Statutes at Large Volume 99 Part 1.djvu/516

 99 STAT. 494

Effective date. 42 USC 242n note. 98 Stat. 2815. 42 USC 201 note.

42 USC 207.

PUBLIC LAW 99-117—OCT. 7, 1985 demonstrate that it has the capability to, and that under the grant it will"; (7) by striking out subsections (d), (f), and (g) and inserting in lieu thereof the following: "(d) In order to qualify for an initial grant under this section to plan, develop, and establish the council under this section, the applicant must assure that the council will be composed of at least 10 members— "(1) each of whom has education, training, experience, or expertise relating to the quality and cost effectiveness of health care technologies, and "(2) who, as a group, provide representation of organizations of health professionals, hospitals, and other health care providers, health care insurers, employers, consumers, and manufacturers of products for health care. "(e) As a condition for receiving a grant under this section, the applicant must agree to submit to the Secretary an annual report on the council's activities under the grant. The Secretary shall provide for timely transmittal of a copy of each such report to the Committee on Labor and Human Resources of the Senate and the Committee on Energy and Commerce of the House of Representatives."; (8) by redesignating subsection (h) as subsection (f); and (9) by striking out "Council" each place it appears in subsections (a)(2), (b), and (c)(2) and inserting in lieu thereof "council". (b) The amendments made by this section shall take effect as of the date of the enactment of the Health Promotion and Disease Prevention Amendments of 1984. LIMITED EXCEPTION TO GRADE LIMITATIONS FOR COMMISSIONED OFFICERS OF THE PUBLIC HEALTH SERVICE WHO ARE ASSIGNED TO THE DEPARTMENT OF DEFENSE

SEC. 9. Section 206 is amended by adding at the end thereof the following new subsection: "(e) In computing the maximum number of commissioned officers of the Public Health Service authorized by law to hold a grade which corresponds to the grade of brigadier general or major general, there may be excluded from such computation not more than three officers who hold such a grade so long as such officers are assigned to duty and are serving in a policymaking position in the office of the Assistant Secretary of Defense for Health Affairs.". CONTINUING CARE FOR CERTAIN PSYCHIATRIC PATIENTS

Contracts. 42 USC 241 note. 42 USC 241.

SEC. 10. In any fiscal year beginning after September 30, 1981, from funds appropriated for carrying out section 301 of the Public Health Service Act with respect to mental health, the Secretary of Health and Human Services may provide, by contract or otherwise, for the continuing care of psychiatric patients who were under active and continuous treatment at the National Institute on Drug Abuse Clinical Research Center on the date such Clinical Research Center ceased operations. TECHNICAL AMENDMENTS

42 USC 243.

SEC. 11. (a)(1) The first sentence of section 311(c)(1) is amended— (A) by striking out "referred to in section 317(f)"; and

�


text:
Page:United States Statutes at Large Volume 99 Part 1.djvu/517

 PUBLIC LAW 99-117—OCT. 7, 1985 (B) by striking out "involving or resulting from disasters or any such disease". (2) The second sentence of section 311(c)(1) is amended by striking out "resulting from disasters or any disease or condition referred to in section 317(f)". (b) Section 504 is amended— (1) by striking out "1915(e)" in subsection (g) and inserting in lieu thereof "1916(e)"; and (2) by striking out the section heading and inserting in lieu thereof the following:

99 STAT. 495

42 USC 243. 98 Stat. 2361. 42 USC 290aa-3.

"NATIONAL INSTITUTE OF MENTAL HEALTH".

(c) Section 928(b) of the Omnibus Budget Reconciliation Act of 1981 is amended by striking out "(42 U.S.C. 247b(j)(l)(A))" and inserting in lieu thereof "(42 U.S.C. 247b(j))". (d) Section 4(c)(2)(A) of the Federal Cigarette Labeling and Advertising Act is amended by striking out "brand" the first place it appears and inserting in lieu thereof "brand style".

95 Stat. 569. ^2 USC 247b. 98 Stat. 2201. ^^ USC 1333.

REPEAL OF O B S O L E T E PROVISIONS

SEC. 12. (a) Section 314(g) is repealed. (b) Section 315 is repealed. (c) Section 328 is repealed. (d) Title IX is repealed. (e) Title XII is repealed. (f) Section 2105 is repealed. Approved October 7, 1985.

LEGISLATIVE HISTORY—S. 1689: CONGRESSIONAL RECORD, Vol. 131 (1985): Sept. 23, considered and passed Senate. Sept. 24, considered and passed House.

42 USC 246. 42 USC 247. 42 USC 299-299j. 42 USC 300d-4, ^O^x'^.o^/. o.«. ^2 USC 300aa-4.

�


text:
Page:Bobbsey Twins at the Seashore.djvu/158

146 away with George Bingham, and it was certainly that schooner that was sighted some days ago."

The ladies, of course, were overjoyed at the prospect of the best of luck for Nellie,—her father's possible return,—and then it was decided that Uncle William should again go to Mrs. McLaughlin, this time to take her the prize money, and that Mrs. Bobbsey should go along with him, as it was such an important errand.

"And you remember that little pearl that Nellie found on the beach? Well, I'm having it set in a ring for her. It is a real pearl, but not very valuable, yet I thought it would be a souvenir of her visit at the Cliffs," said Mr. Minturn.

"That will be very nice," declared Mrs. Bobbsey. "I am sure no one deserves to be made happy more than that child does, for just fancy, how she worked in that store as cash girl until her health gave way. And now she is anxious to go back to the store again. Of course she is worried about her mother, but the prize money ought to help


text:
Page:United States Statutes at Large Volume 99 Part 1.djvu/518

 99 STAT. 496

PUBLIC LAW 99-118—OCT. 7, 1985 Public Law 99-118 99th Congress Joint Resolution

Oct. 7, 1985 rq J Tj—iT^T~

To designate 1985 as the "Oil Heat Centennial Year".

Whereas, on August 11, 1885, the United States Patent Office granted a patent to David H. Burrell of Little Falls, New York, for a furnace that could burn liquid and gaseous fuels, which patent is generally regarded by technical experts and industrial historians as the first technically sound oil burner; Whereas at the Columbian Exposition in Chicago in 1893 oil burners, for the first time, were utilized in major public exhibit buildings, and these oil burners were hailed and recognized as a technological combustion breakthrough by most, but were condemned as "instruments of Satan that brought the fires of hell to Earth" by some; Whereas, by World War I, the oil burner had become the premier naval source of propulsion; its technology was sought and adopted by Russia, Germeiny, Great Britain, France, and the United States to power large warships, especially superdreadnoughts and battle cruisers; and oil burning techniques and oilfield locations became a major source of naval espionage; Whereas oil burner technology was adopted to the heating needs of homes, businesses, and industry in the decades that followed World War I, increasing from about twelve thousand installations in 1920 to two million in 1940 to about ten million in 1960 to more than fifteen million in the 1970's, helping to generate improved housing for all Americans and the industrial boom that powered post-World War II America; Whereas the oil burner continues to be a major, modern heating technology used by millions of consumers in the States of Maine, New Hampshire, Vermont, Massachusetts, Rhode Island, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, Florida, Ohio, Indiana, Michigan, Wisconsin, Minnesota, North Dakota, South Dakota, Montana, Idaho, Utah, Nevada, Oregon, Washington, and the District of Columbia; Whereas the oil heat industry is, and always has been, developed and characterized by a large and diverse group of competitive small businesses, many of which are family owned through a second, third, and fourth generation that began in their business endeavors by supplying ice, lumber, coal, and then oil, to their communities; Whereas many of these small businesses are in the forefront of new energy efficient technologies of the 1980's, leading the way toward higher efficiency oil heat, new conservation techniques, solar heating, and other technologies; and

�


text:
Page:United States Statutes at Large Volume 99 Part 1.djvu/519

 PUBLIC LAW 99-118—OCT. 7, 1985 Whereas the one hundredth anniversary of the development of the oil burner is an appropriate time to recognize the overall contributions of oil heating to the technological revolution of the twentieth century and the individual contributions of the many thousands of small business men and women who made this century of heating comfort progress possible: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the year 1985 is designated as the "Oil Heat Centennial Year" thereby recognizing the contributions of the oil heat industry over the past century. The President is requested to issue a proclamation calling upon the people of the United States to observe this commemorative year, with appropriate Federal agencies to participate in the observance of such year and cooperate with persons and institutions conducting related observances, ceremonies, and activities. Approved October 7, 1985.

LEGISLATIVE HISTORY—S.J. Res. 115: CONGRESSIONAL RECORD, Vol. 131 (1985): July 8, considered and passed Senate. Sept. 19, considered and passed House.

99 STAT. 497

�


text:
Page:United States Statutes at Large Volume 99 Part 1.djvu/520

 99 STAT. 498

PUBLIC LAW 99-119—OCT. 7, 1985 Public Law 99-119 99th Congress An Act

Oct. 7, 1985 [H.R. 1042]

To grant a Federal charter to the Pearl Harbor Survivors Association.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. Corporation.

SECTION 1. CHARTER.

36 USC 3601.

The Pearl Harbor Survivors Association, a nonprofit corporation organized under the laws of the State of Missouri, is recognized as such and is granted a Federal charter.

36 USC 3602.

SEC. 2. POWERS.

The Pearl Harbor Survivors Association (hereinafter in this Act referred to as the "corporation") shall have those powers granted to it through its bylaws and articles of incorporation filed in the State in which it is incorporated and subject to the laws of such State, and such powers shall include the following: (1) To sue and be sued, complain, and defend in any court of competent jurisdiction. (2) To adopt, alter, and use a corporate seal. (3) To take gifts, legacies, and devises which will further the corporate purposes. (4) To adopt, alter, and amend a constitution and bylaws, not inconsistent with the laws of the United States or any State in which the corporation is to operate, for the management of its property and the regulation of its affairs. (5) To charge and collect membership dues and subscription fees and to receive contributions or grants of money or property to be used to carry out its purposes. (6) To establish, regulate, and maintain offices for the conduct of the affairs of the corporation. (7) To promote the formation of auxiliaries, the membership requirements of which shall be determined according to the constitution and the bylaws of the corporation. (8) To publish a magazine or other publications. (9) To adopt emblems and badges. (10) To do any and all lawful acts and things necessary or desirable to carry out the objects and purposes of the corporation. 36 USC 3603.

SEC. 3. OBJECTS AND PURPOSES OF CORPORATION.

The objects and purposes of the corporation are those provided in its articles of incorporation and shall include the following: (1) To uphold and defend the Constitution of the United States. (2) To collate, preserve, and encourage the study of historical episodes, chronicles, mementos, and events pertaining to "The Day of Infamy, 7 December 1941", and in particular those memories and records of patriotic service performed by the heroic Pearl Harbor survivors and nonsurvivors.

�


text:
Page:United States Statutes at Large Volume 99 Part 1.djvu/521

 PUBLIC LAW 99-119—OCT. 7, 1985 (3) To shield from neglect the graves, past and future, of those who served at Pearl Harbor on such day. (4) To stimulate communities and political subdivisions into taking more interest in the affairs and future of the United States in order to keep our Nation alert. (5) To fight unceasingly for our national security in order to protect the United States from enemies within and without our borders. (6) To preserve the American way of life and to foster the spirit and practice of Americanism. (7) To instill love of country and flag and to promote soundness of mind and body in the youth of our Nation. SEC. 4. SERVICE OF PROCESS. With respect to service of process, the corporation shall comply with the laws of the State in which it is incorporated and those States in which it carries on its activities in furtherance of its corporate purposes.

99 STAT. 499

36 USC 3604.

SEC. 5. ELIGIBILITY FOR MEMBERSHIP.

Discrimination,

Eligibility for membership in the corporation and the rights and privileges of members of the corporation shall be as provided in the constitution and bylaws of the corporation, except that terms of membership and requirements for holding office within the corporation shall not be discriminatory on the basis of race, color, religion, or national origin. SEC. 6. BOARD OF DIRECTORS. The composition of the board of directors of the corporation and the responsibilities of such board shall be as provided in the articles of incorporation of the corporation and in conformity with the laws of the State in which it is incorporated. SEC. 7. OFFICERS OF CORPORATION. The positions of officers of the corporation and the election of members to such positions shall be as provided in the articles of incorporation of the corporation and in conformity with the laws of the State in which it is incorporated. SEC. 8. RESTRICTIONS ON CORPORATE POWER.

se usc 3605.

(a) DISTRIBUTION OF INCOME OR ASSETS TO MEMBERS OR OFFICERS OF

THE CORPORATION.—No part of the income or assets of the corporation shall inure to any member, officer, or director of the corporation or be distributed to any such person during the life of the corporation or upon its dissolution or final liquidation. Nothing in this subsection shall be construed to prevent the payment of compensation to the officers of the corporation for services rendered to the corporation or to prevent their reimbursement for actual necessary expenses in amounts approved by the board of directors. (b) LOANS OR ADVANCES.—The corporation shall have no power to make loans or advances to any member, officer, director, or employee of the corporation. (c) ISSUANCE OF STOCK OR PAYMENT OF DIVIDENDS.—The corpora-

tion shall have no power to issue any shares of stock or to declare or pay any dividends. (d) NoNPOLiTicAL NATURE OF THE CORPORATION.—The corporation and its officers, employees, and agents acting as such shall have no

36 USC 3606.

36 USC 3607.

36 USC 3608.

�


text:
Page:United States Statutes at Large Volume 99 Part 1.djvu/522

 99 STAT. 500

PUBLIC LAW 99-119—OCT. 7, 1985 power to contribute to, support, or otherwise participate in any political activity or in any manner attempt to influence legislation.

Prohibition.

(e) APPROVAL OF THE CONGRESS OR THE FEDERAL GOVERNMENT.—

The corporation shall have no power to claim congressional approval or Federal Government authority for any of its activities. 36 USC 3609.

SEC. 9. LIABILITY.

The corporation shall be liable for the acts of its officers and agents when they have acted within the scope of their authority. 36 USC 3610.

SEC. 10. BOOKS AND RECORDS; INSPECTION.

The corporation shall keep correct and complete books and records of accounts and shall keep minutes of any proceeding involving any of its members, the board of directors, or any committee having authority under the board of directors. The corporation shall keep at its principal office a record of the names and addresses of all members having the right to vote in any proceeding of the corporation. All books and records of the corporation may be inspected by any member, or any agent or attorney of such member, for any proper purpose, at any reasonable time. SEC. 11. AUDIT OF FINANCIAL TRANSACTIONS.

78 Stat. 635.

The first section of the Act entitled "An Act to provide for audit of accounts of private corporations established under Federal law.", approved August 30, 1964 (78 Stat. 636; 36 U.S.C. 1101), is amended by adding at the end thereof the following: "(69) Pearl Harbor Survivors Association.".

36 USC 3611.

SEC. 12. ANNUAL REPORT.

The corporation shall report annually to the Congress concerning the activities of the corporation during the preceding fiscal year. Such annual report shall be submitted at the same time as the report of the audit of the corporation required pursuant to section 2 of the Act entitled "An Act to provide for audit of accounts of private corporations established under Federal law.", approved August 30, 1964 (78 Stat. 636; 36 U.S.C. 1102). The report shall not be printed as a public document. 36 USC 3612.

SEC. 13. RESERVATION OF RIGHT TO AMEND OR REPEAL CHARTER.

The right to alter, amend, or repeal this Act is expressly reserved to the Congress. 36 USC 3613.

SEC. 14. DEFINITION OF "STATE".

For purposes of this Act, the term "State" includes the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, and the territories and possessions of the United States. 36 USC 3614.

SEC. 15. TAX-EXEMPT STATUS.

The corporation shall maintain its status as an organization exempt from taxation as provided in the Internal Revenue Code of 26 USC 1 et seq.

1954.

�


text:
Page:United States Statutes at Large Volume 99 Part 1.djvu/523

 PUBLIC LAW 99-119—OCT. 7, 1985 SEC. 16. EXCLUSIVE USE OF CORPORATE NAME.

99 STAT. 501 36 USC 3615.

The corporation and its regional districts and local branches shall have the sole and exclusive right to use in carrying out its purposes the name "Pearl Harbor Survivors Association", and such seals, emblems, and badges as the corporation may adopt. SEC. 17. TERMINATION.

If the corporation shall fail to comply with any of the restrictions or provisions of this Act, the charter granted by this Act shall expire. Approved October 7, 1985.

LEGISLATIVE HISTORY—H.R. 1042: HOUSE REPORT No. 99-71 (Comm. on the Judiciary). SENATE REPORT No. 99-103 (Comm. on the Judiciary). CONGRESSIONAL RECORD, Vol. 131 (1985): May 13, considered and passed House. July 18, considered and passed Senate, amended. Sept. 20, House concurred in Senate amendments.

36 USC 3616.

�


text:
Page:United States Statutes at Large Volume 99 Part 1.djvu/524

 99 STAT. 502

PUBLIC LAW 99-120—OCT. 8, 1985

Public Law 99-120 99th Congress Joint Resolution Oct. 8, 1985 [H.J. Res. 393]

To provide for the temporary extension of certain programs relating to housing and community development, and for other purposes.

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. EXTENSION OF FEDERAL HOUSING ADMINISTRATION MORTGAGE INSURANCE PROGRAMS. 12 USC 1703.

(a) TITLE I INSURANCE.—Section 2(a) of the National Housing Act

is amended by striking out "October 1, 1985" in the first sentence and inserting in lieu thereof "November 15, 1985". (b) GENERAL INSURANCE.—Section 217 of the National Housing 12 USC 1715h.

Act is amended by striking out "September 30, 1985" and inserting in lieu thereof "November 14, 1985".

12 USC 1715Z.

221(f) of the National Housing Act is amended by striking out "September 30, 1985" in the fifth sentence and inserting in lieu thereof "November 14, 1985".

(c) Low AND MODERATE INCOME HOUSING INSURANCE.—Section

(d) SECTION 235 HOMEOWNERSHIP.— (1) ASSISTANCE PAYMENTS AUTHORITY.—Section 235(h)(1) of the 98 Stat. 2221. 12 USC 1715z.

National Housing Act is amended by striking out "September 30, 1985" in the last sentence and inserting in lieu thereof "November 14, 1985". (2) INSURANCE AUTHORITY.—Section 235(m) of the National Housing Act is amended by striking out "September 30, 1985" and inserting in lieu thereof "November 14, 1985". (3) HOUSING STIMULUS AUTHORITY.—Section 235(q)(l) of the

National Housing Act is amended by striking out "September 30, 1985" in the last sentence and inserting in lieu thereof "November 14, 1985". (e) CO-INSURANCE.— (1) GENERAL AUTHORITY.—Section 244(d) of the National Hous98 Stat. 2225. 12 USC 1715Z-9.

ing Act is amended by striking out "September 30, 1985" and inserting in lieu thereof "November 14, 1985". (2) RENTAL REHABILITATION AND DEVELOPMENT PROJECTS.—Sec-

tion 244(h) of the National Housing Act is amended by striking out "October 1, 1985" in the last sentence and inserting in lieu thereof "November 15, 1985". (f) GRADUATED PAYMENT AND INDEXED MORTGAGE INSURANCE.—

I2usei7i5z-10.

Section 245(a) of the National Housing Act is amended by striking out "September 30, 1985" in the last sentence and inserting in lieu thereof "November 14, 1985".

12 USC 1715Z-14.

Housing Act is amended by striking out "September 30, 1985" in the second sentence and inserting in lieu thereof "November 14, 1985".

(g) REINSURANCE CONTRACTS.—Section 249(a) of the

National

�


text:
Page:United States Statutes at Large Volume 99 Part 1.djvu/525

 PUBLIC LAW 99-120—OCT. 8, 1985

99 STAT. 503

(h) ARMED SERVICES HOUSING INSURANCE.— (1) CIVILIAN EMPLOYEES OF ARMED FORCES.—Section 809(f) of

the National Housing Act is amended by striking out "Septem- 12 USC I748h-i. ber 30, 1985" in the last sentence and inserting in lieu thereof "November 14, 1985". (2) DEFENSE HOUSING FOR IMPACTED AREAS.—Section 810(k) of the National Housing Act is amended by striking out "Septem- 12 USC i748h-2. ber 30, 1985" in the last sentence and inserting in lieu thereof "November 14, 1985". (i) LAND DEVELOPMENT INSURANCE.—Section 1002(a) of the Na-

tional Housing Act is amended by striking out "September 30, 1985" in the last sentence and inserting in lieu thereof "November 14, 1985". (j) GROUP PRACTICE FACILITIES INSURANCE.—Section 1101(a) of the National Housing Act is amended by striking out "September 30, 1985" in the last sentence and inserting in lieu thereof "November 14, 1985".

12 USC I749bb.

12 USC I749aaa.

SEC. 2. EXTENSION OF REHABILITATION LOAN AUTHORITY.

Section 312(h) of the Housing Act of 1964 is amended— (1) by striking out "September 30, 1984" and inserting in lieu thereof "November 14, 1985"; and (2) by striking out "October 1, 1984" and inserting in lieu thereof "November 15, 1985".

42 USC I452b.

SEC. 3. EXTENSION OF RURAL HOUSING AUTHORITIES. (a) RENTAL HOUSING LOAN AUTHORITY.—Section 515(b)(4) of the

Housing Act of 1949 is amended by striking out "September 30, 42 USC 1485. 1985" and inserting in lieu thereof "November 14, 1985". (b) RURAL AREA CLASSIFICATION.—Section 520 of the Housing Act

of 1949 is amended by striking out "the end of fiscal year 1985" in the last sentence and inserting in lieu thereof "November 14, 1985".

42 USC 1490.

(c) MUTUAL AND SELF-HELP HOUSING GRANT AND LOAN AUTHOR-

ITY.—Section 523(f) of the Housing Act of 1949 is amended by 42USei490c. striking out "September 30, 1985" and inserting in lieu thereof "November 14, 1985". SEC. 4. EXTENSION OF FLOOD AND CRIME INSURANCE PROGRAMS. (a) FLOOD INSURANCE.— (1) GENERAL AUTHORITY.—Section 1319 of the National Flood

Insurance Act of 1968 is amended by striking out "September 42 USC 4026. 30, 1985" and inserting in lieu thereof "November 14, 1985". (2) EMERGENCY IMPLEMENTATION.—Section 1336(a) of the National Flood Insurance Act of 1968 is amended by striking out 42 USC 4056. "September 30, 1985" and inserting in lieu thereof "November 14, 1985". (3) ESTABLISHMENT OF FLOOD-RISK ZONES.—Section 1360(a)(2) of the National Flood Insurance Act of 1968 is amended by strik- 42 USC 4101. ing out "September 30, 1985" and inserting in lieu thereof "November 14, 1985". (b) CRIME INSURANCE.—Section 1201(b)(1) of the National Housing Act is amended in the matter preceding subparagraph (A)— 12 USC I749bbb. (1) by striking out "parts A, C, and D" and inserting in lieu thereof "part A"; and (2) by inserting after "1985," the following: "and parts C and D shall terminate on November 14, 1985,".

�


text:
Page:United States Statutes at Large Volume 99 Part 1.djvu/526

 99 STAT. 504

PUBLIC LAW 99-120—OCT. 8, 1985

SEC. 5. MISCELLANEOUS EXTENSIONS. (a) COMMUNITY DEVELOPMENT BLOCK GRANT CLASSIFICATIONS.— (1) METROPOLITAN CITY.—Section 102(a)(4) of the Housing and

42 USC 5302.

Community Development Act of 1974 is amended by striking out "for fiscal years 1984 and 1985" in the second sentence and inserting in lieu thereof "through November 14, 1985". (2) URBAN COUNTY.—Section 102(a)(6) of the Housing and

Community Development Act of 1974 is amended by striking out "for fiscal years 1984 and 1985" in the second sentence and inserting in lieu thereof "through November 14, 1985". (b) SECTION 202 INTEREST RATE LIMITATION.—Section 223(a)(2) of

12 USC I70iq "o*^ 12 USC 2811.

the Housing and Urban-Rural Recovery Act of 1983 is amended by striking out "October 1, 1984" and inserting in lieu thereof "November 15, 1985". (c) HOME MORTGAGE DISCLOSURE ACT OF 1975.—Section 312 of the Home Mortgage Disclosure Act of 1975 is amended by striking out "October 1, 1985" and inserting in lieu thereof "November 15, 1985". SEC. 6. EXTENSIONS OF GARN-ST GERMAIN ACT.

(a) Section 141(a) of the Garn-St Germain Depository Institutions Act of 1982 is amended by striking out "upon the expiration of three years after the date of enactment of this Act" and inserting in lieu thereof "on April 15, 1986". 12 USC 1729 and (b) Section 206(a) of such Act is amended by striking out "Upon note, 1823. the expiration of three years after the date of enactment of this Act" and inserting in lieu thereof "On April 15, 1986". 12 USC 1464 "ot®

Approved October 8, 1985.

LEGISLATIVE HISTORY—H.J. Res. 393: CONGRESSIONAL RECORD, Vol. 131 (1985): Sept. 20, considered and passed House. Oct. 2, considered and passed Senate, amended. Oct. 3, House concurred in Senate amendment.

�


text:
Page:United States Statutes at Large Volume 99 Part 1.djvu/527

 PUBLIC LAW 99-121—OCT. 11, 1985

99 STAT. 505

Public Law 99-121 99th Congress An Act To amend the Internal Revenue Code of 1954 to simplify the imputed interest rules of sections 1274 and 483, and for other purposes.

Oct. 11, 1985 [H.R. 2475]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, TITLE I—AMENDMENTS TO IMPUTED INTEREST RULES

Real property.

SECTION 101. SIMPLIFICATION OF GENERAL IMPUTED INTEREST RULES. (a) REDUCTION OF IMPUTATION RATE FROM 120 TO 100 PERCENT; ELIMINATION OF SEPARATE TESTING RATE.— (1) AMENDMENTS OF SECTION 1274.—

(A) Subparagraph (B) of section 1274(b)(2) of the Internal Revenue Code of 1954 (defining imputed principal amount) is amended by striking out "120 percent of". (B) Clause (ii) of section 1274(c)(l)(A) of such Code is amended to read as follows: "(ii) in any other case, the imputed principal amount of such debt instrument determined under subsection (b), and". (C) Paragraph (2) of section 1274(c) of such Code is amended by striking out "the testing amount" and inserting in lieu thereof "the imputed principal amount of such debt instrument determined under subsection (b)". (D) Subsection (c) of section 1274 of such Code is amended by striking out paragraph (3) and by redesignating paragraph (4) as paragraph (3).

98 Stat. 538.

26 USC 1274.

(2) AMENDMENTS OF SECTION 483.—

98 Stat. 553.

(A) The last sentence of section 483(b) of such Code (defining total unstated interest) is amended by striking out "120 percent o f. (B) Subparagraph (B) of section 483(c)(l) of such Code is amended to read as follows: "(B) under which there is total unstated interest."

26 USC 483.

(b) INTEREST RATES REDETERMINED EACH MONTH.—

(1) IN GENERAL.—Paragraph (1) of section 1274(d) of such Code (defining applicable Federal rate) is amended by striking out subparagraphs (B), (C), and (D) and inserting in lieu thereof the following: "(B) DETERMINATION OF RATES.—During each calendar month, the Secretary shall determine the Federal shortterm rate, mid-term rate, and long-term rate which shall apply during the following calendar month. "(C) FEDERAL RATE FOR ANY CALENDAR MONTH.—For purposes of this paragraph— "(i) FEDERAL SHORT-TERM RATE.—The Federal shortterm rate shall be the rate determined by the Secretary based on the average market yield (during any 1-month

98 Stat. 538. 26 USC 1274.

�


text:
Page:Bobbsey Twins at the Seashore.djvu/159

Rh Mrs. McLaughlin so that Nellie would not need to cut her vacation short."

"What kind of treasure was it that these men went to sea after?" Aunt Emily asked Uncle William.

"A cargo of mahogany," Mr. Minturn replied. "You see, that wood is scarce now, a cargo is worth a fortune, and a shipload was being brought from the West Indies to New York when a storm blew the vessel out to a very dangerous point. Of course, the vessel was wrecked, and so were two others that later attempted to reach the valuable cargo. You see the wind always blows the one way there, and it is impossible to get the mahogany out of its trap. Now, George Bingham was offered fifty thousand dollars to bring that wood to port, and he decided that he could do it by towing each log around the reef by canoes. The logs are very heavy, each one is worth between eighty and one hundred dollars, but the risk meant such a reward, in case of success, that they went at it. Of course the real danger is around the wreck. Once free from that point and the remainder of the voyage


text:
Page:United States Statutes at Large Volume 99 Part 1.djvu/528

 99 STAT. 506

PUBLIC LAW 99-121—OCT. 11, 1985 period selected by the Secretary and ending in the calendar month in which the determination is made) on outstanding marketable obligations of the United States with remaining periods to maturity of 3 years or less. "(ii) FEDERAL MID-TERM AND LONG-TERM RATES.—The

Federal mid-term and long-term rate shall be determined in accordance with the principles of clause (i). "(D) LOWER RATE PERMITTED IN CERTAIN CASES.—The Secretary may by regulations permit a rate to be used with respect to any debt instrument which is lower than the applicable Federal rate if the taxpayer establishes to the satisfaction of the Secretary that such lower rate is based on the same principles as the applicable Federal rate and is appropriate for the term of such instrument." 98 Stat. 538.

26 USC 1274.

(2) R A T E APPLICABLE TO ANY SALE OR EXCHANGE.—Paragraph

(2) of section 1274(d) of such Code (relating to rate applicable to any sale or exchange) is amended to read as follows: "(2) LOWEST 3-MONTH RATE APPLICABLE TO ANY SALE OR EXCHANGE.—

Contracts.

"(A) IN GENERAL.—In the case of any sale or exchange, the applicable Federal rate shall be the lowest 3-month rate. "(B) LowEST 3-MONTH RATE.—For purposes of Subparagraph (A), the term 'lowest 3-month rate' means the lowest of the applicable Federal rates in effect for any month in the 3-calendar-month period ending with the 1st calendar month in which there is a binding contract in writing for such sale or exchange." (c) RATE INCREASED TO 110 PERCENT IN CASE OF SALE-LEASEBACK.—

98 Stat. 538. 26 USC 1274.

Section 1274 of such Code (relating to determination of issue price in the case of certain debt instruments issued for property) is amended by adding at the end thereof the following new subsection: "(e) 110 PERCENT RATE WHERE SALE-LEASEBACK INVOLVED.—

98 Stat. 553. 26 USC 483. Prohibitions. Post, p. 507.

"(1) IN GENERAL.—In the case of any debt instrument to which this subsection applies, the discount rate used under subsection (b)(2)(B) or section 483(b) shall be 110 percent of the applicable Federal rate, compounded semiannually. "(2) Lower discount rates shall not apply.—Section 1274A shall not apply to any debt instrument to which this subsection applies. "(3) Debt instruments to which this subsection applies.—This subsection shall apply to any debt instrument given in consideration for the sale or exchange of any property if, pursuant to a plan, the transferor or any related person leases a portion of such property after such sale or exchange." SEC. 102. LOWER DISCOUNT RATE IN CASE OF CERTAIN SALES WHERE STATED PRINCIPAL AMOUNT DOES NOT EXCEED $2,800,000.

(a) GENERAL RULE.—Subpart A of part V of subchapter P of chapter 1 of the Internal Revenue Code of 1954 (relating to original issue discount) is amended by inserting after section 1274 the following new section:

�


text:
Page:United States Statutes at Large Volume 99 Part 1.djvu/529

 PUBLIC LAW 9 9 - 1 2 1 - O C T. 11, 1985 "SEC.

1274A. SPECIAL RULES FOR CERTAIN TRANSACTIONS WHERE STATED PRINCIPAL AMOUNT DOES NOT EXCEED $2,800,000.

"(a) LOWER DISCOUNT RATE.—In the case of any qualified debt instrument, the discount rate used for purposes of sections 483 and 1274 shall not exceed 9 percent, compounded semiannually. "(b) QUALIFIED DEBT INSTRUMENT DEFINED.—For purposes of this section, the term 'qualified debt instrument' means any debt instrument given in consideration for the sale or exchange of property (other than new section 38 property within the meaning of section 48(b)) if the stated principal amount of such instrument does not exceed $2,800,000.

99 STAT. 507 26 USC 1274A.

98 Stat. 553. 26 USC 483. 98 Stat. 538. 26 USC 1274.

98 Stat. 638. 26 USC 48.

"(c) ELECTION TO U S E CASH METHOD WHERE STATED PRINCIPAL AMOUNT DOES NOT EXCEED $2,000,000.—

"(1) IN GENERAL.—In the case of any cash method debt instrument— "(A) section 1274 shall not apply, and "(B) interest on such debt instument shall be taken into account by both the borrower and the lender under the cash receipts and disbursements method of accounting. "(2) CASH METHOD DEBT INSTRUMENT.—For purposes of paragraph (1), the term 'cash method debt instrument' means any qualified debt instrument if— "(A) the stated principal amount does not exceed $2,000,000, "(B) the lender does not use an accrual method of accounting and is not a dealer with respect to the property sold or exchanged, "(C) section 1274 would have applied to such instrument but for an election under this subsection, and "(D) an election under this subsection is jointly made with respect to such debt instrument by the borrower and lender. "(3) SUCCESSORS BOUND BY ELECTION.—

"(A) IN GENERAL.—Except as provided in subparagraph (B), paragraph (1) shall apply to any successor to the borrower or lender with respect to a cash method debt instrument. "(B) EXCEPTION WHERE LENDER TRANSFERS DEBT INSTRUMENT TO ACCRUAL METHOD TAXPAYER.—If the lender (or

any successor) transfers any cash method debt instrument to a taxpayer who uses an accrual method of accounting, this paragraph shall not apply with respect to such instrument for periods after such transfer. "(4) FAIR MARKET VALUE RULE IN POTENTIALLY ABUSIVE SITUA-

TIONS.—In the case of any cash method debt instrument, section 483 shall be applied as if it included provisions similar to the provisions of section 12740t))(3). "(d) OTHER SPECIAL RULES.— "(1) AGGREGATION RULES.—For

purposes of this section— "(A) all sales or exchanges which are part of the same transaction (or a series of related transactions) shall be treated as 1 sale or exchange, and "(B) all debt instruments arising from the same transaction (or a series of related transactions) shall be treated as 1 debt instrument.

"(2) INFLATION ADJUSTMENTS.—

Prohibitions. 98 Stat. 538. 26 USC 1274.

�


text:
Page:United States Statutes at Large Volume 99 Part 1.djvu/530

 99 STAT. 508

Ante, p. 505. 26 USC 1274.

98 Stat. 553. 26 USC 483.

PUBLIC LAW 99-121—OCT. 11, 1985 "(A) IN GENERAL.—In the case of any debt instrument arising out of a sale or exchange during any calendar year after 1989, each dollar amount contained in the preceding provisions of this section shall be increased by the inflation adjustment for such calendar year. Any increase under the preceding sentence shall be rounded to the nearest multiple of $100 (or, if such increase is a multiple of $50, such increase shall be increased to the nearest multiple of $100). "(B) INFLATION ADJUSTMENT.—For purposes of subparagraph (A), the inflation adjustment for any calendar year is the percentage (if any) by which— "(i) the CPI for the preceding calendar year exceeds "(ii) the CPI for calendar year 1988. For purposes of the preceding sentence, the CPI for any calendar year is the average of the Consumer Price Index as of the close of the 12-month period ending on September 30 of such calendar year. "(e) REGULATIONS.—The Secretary shall prescribe such regulations as may be necessary to carry out the purposes of this subsection, including— "(1) regulations coordinating the provisions of this section with other provisions of this title, "(2) regulations necessary to prevent the avoidance of tax through the abuse of the provisions of subsection (c), and "(3) regulations relating to the treatment of transfers of cash method debt instruments." (b) EXCEPTION FOR ASSUMPTIONS.—Subsection (c) of section 1274 of such Code is amended by adding at the end thereof the following new paragraph: "(4) EXCEPTION FOR ASSUMPTIONS.—If any person— "(A) in connection with the sale or exchange of property, assumes any debt instrument, or "(B) acquires any property subject to any debt instrument, in determining whether this section or section 483 applies to such debt instrument, such assumption (or such acquisition) shall not be taken into account unless the terms and conditions of such debt instrument are modified (or the nature of the transaction is changed) in connection with the assumption (or acquisition)." (c) TECHNICAL AMENDMENTS.—

98 Stat. 553. 26 USC 483.

Supra. Ante, p. 507. 98 Stat. 540.

98 St^? 58?' 26USe280G.

(1) Section 483 of such Code is amended by striking out subsection (e) and by redesignating subsections (f), (g), and (h) as subsections (e), (f), and (g), respectively. (2) Paragraph (1) of section 483(e) of such Code (as redesignated by paragraph (D) is amended by striking out "7 percent" and inserting in lieu thereof "6 percent". (3) Subsection (g) of section 483 of such Code (as redesignated by paragraph (1)) is amended to read as follows: "(g) CROSS REFERENCES.— "(1) For treatment of assumptions, see section 1274(c)(4). "(2) For special rules for certain transactions where stated principal amount does not exceed $2,800,000, see section 1274A. "(3) For special rules in case of the borrower under certain loans for personal use, see section 1275(b)."

^^^ Paragraph (4) of section 280G(d) of such Code is amended by striking out "in accordance with section 1274(b)(2)" and

�


text:
Page:United States Statutes at Large Volume 99 Part 1.djvu/531

 PUBLIC LAW 99-121—OCT. 11, 1985

99 STAT. 509

inserting in lieu thereof "by using a discount rate equal to 120 percent of the applicable Federal rate (determined under section 1274(d)), compounded semiannually". (d) CLERICAL AMENDMENT.—The table of sections for subpart A of part V of subchapter P of chapter 1 of such Code is amended by inserting after the item relating to section 1274 the following new item:

98 Stat. 538. 26 USC 1274.

"Sec. 1274A. Special rules for certain transactions where stated principal amount does not exceed $2,800,000."

SEC. 103. RECOVERY PERIOD FOR 18-YEAR REAL PROPERTY EXTENDED TO 19 YEARS. (a) IN GENERAL.—Clause (i) of section 16803)(2)(A) of the Internal Revenue Code of 1954 (relating to amount of deduction for 18-year 98 Stat. 631. real property) is amended by striking out "18-year recovery period" 26 USC 168. and inserting in lieu thereof "19-year recovery period". (b) TECHNICAL AMENDMENTS.—

(1) The following provisions of the Internal Revenue Code of 1954 are amended by striking out "18-year real property" each place it appears in the text and headings thereof and inserting in lieu thereof "19-year real property": (A) Section 168 (relating to accelerated cost recovery system). (B) Section 57(a)(12) (relating to preference for accelerated cost recovery deduction). (C) Section 312(k)(3)(A) (relating to earnings and profits). (D) Subparagraphs (A), (B), and (C) of section 1245(a)(5) (relating to gain from dispositions of certain depreciable property). (2) The table contained in subparagraph (A) of section 168(b)(3) of such Code (relating to election of different recovery percentage) is amended by striking out "18, 35, or 45" and inserting in lieu thereof "19, 35, or 45 years". (3)(A) Subparagraph (B) of section 168(fKl) of such Code (relating to components of section 1250 class property) is amended by redesignating clause (iii) as clause (iv) and by inserting after clause (ii) the following new clause: "(iii) BUILDINGS PLACED IN SERVICE BEFORE MAY 9, 1985.—In the case of any building placed in service by the taxpayer before May 9, 1985, for purposes of applying subparagraph (A) to components of such buildings placed in service after May 8, 1985, the deduction allowable under subsection (a) with respect to such components shall be computed in the same manner as the deduction allowable with respect to the first component placed in service after May 8, 1985." (B) Clause (ii) of section 168(f)(l)(B) of such Code is amended by striking out "March 15, 1984, the" and inserting in lieu thereof "March 15, 1984, and before May, 9, 1985, the". (C) Clause (iv) of section 168(f)(l)(B) of such Code, as redesignated by subparagraph (A), is amended by striking out "or (ii)" and inserting in lieu thereof ", (ii), or (iii)". (4) Clause (ii) of section 168(f)(12XB) of such Code (relating to limitations for property financed with tax-exempt bonds) is amended—

98 Stat. 633. 26 USC 57. 98 Stat. 633. 26 USC 312. 26 USC 1245 98 Stat. 633. 26 USC 168. 98 Stat. 632. 26 USC 168.

�


text:
Page:United States Statutes at Large Volume 99 Part 1.djvu/532

 99 STAT. 510

98 Stat. 633. 26 USC 48.

26 USC 47.

98 Stat. 633. 26 USC 57.

PUBLIC LAW 99-121—OCT. 11, 1985 (A) by striking out "15-year real property" each place it appears in the heading and the text and inserting in lieu thereof "19-year real property", and (B) by striking out "15 years" and inserting in lieu thereof "19 years". (5) Paragraph (2) of section 48(g) of such Code (relating to special rules for qualified rehabilitated buildings) is amended by striking out "18" in subparagraphs (A)(i) and (B)(v) thereof and inserting in lieu thereof "19". (6) The table contained in subparagraph (B) of section 47(a)(5) of such Code (relating to special rules for recovery property) is amended by striking out "For 15-year, 10-year, and 5-year property" and inserting in lieu thereof " For property other than 3-year property". (7) Clause (i) of section 57(a)(12XB) of such Code (relating to real property and low-income housing) is Amended by striWng out "18 years" and inserting in lieu thereof "19 years".

Loans.

SEC. 104. SPECIAL RULE FOR CERTAIN WORKOUTS.

Prohibitions. 98 Stat. 553 26 USC 483. 98 Stat. 538. 26 USC 1274.

(a) GENERAL RULE.—Sections 483 and 1274 of the Internal Revenue Code of 1954 shall not apply to the issuance or modification of any written indebtedness if— (1) such issuance or modification is in connection with a workout of a specified MLC loan which (as of May 31, 1985) was substantially in arrears, and (2) the aggregate principal amount of indebtedness resulting from such workout does not exceed the sum (as of the time of the workout) of the outstanding principal amount of the specified MLC loan and any arrearages on such loan. (b) SPECIFIED MLC LOAN.—For purposes of subsection (a), the term "specified MLC loan" means any loan which, in a submission dated June 17, 1985, on behalf of the New York State Mortgage Loan Enforcement and Administration Corporation, had one of the following loan numbers: 001, 005, 007, 012, 025, 038, 041, 042, 043, 049, 053, 064, 068, 090,141,180, or 188. SEC. 105. EFFECTIVE DATES.

26 USC 1274 note.

Prohibitions. 98 Stat. 3182.

(a) SECTIONS 101 AND 102.—

(1) IN GENERAL.—Except as provided in paragraph (2), the amendments made by sections 101 and 102 shall apply to sales and exchanges after June 30, 1985, in taxable years ending after such date. The amendment made by section 2 of Public Law 98-612 shall not apply to sales and exchanges after June 30, 1985, in taxable years ending after such date. (2) REGULATORY AUTHORITY TO ESTABLISH LOWER RATE.—Sec-

98 Stat. 531. 26 USC 168 note.

Prohibitions. Contracts.

tion 1274(d)(l)(D) of the Internal Revenue Code of 1954, as added by section 101(b), shall apply as if included in the amendments made by section 41 of the Tax Reform Act of 1984. (b) SECTION 103.—

(1) IN GENERAL.—Except as otherwise provided in this subsection, the amendments made by section 103 shall apply with respect to property placed in service by the taxpayer after May 8, 1985. (2) EXCEPTION.—The amendments made by section 103 shall not apply to property placed in service by the taxpayer before January 1, 1987, if—

�


text:
Page:United States Statutes at Large Volume 99 Part 1.djvu/533

 PUBLIC LAW 99-121—OCT. 11, 1985

99 STAT. 511

(A) the taxpayer or a qualified person entered into a binding contract to purchase or construct such property before May 9, 1985, or (B) construction of such property was commenced by or for the taxpayer or a qualified person before May 9, 1985. For purposes of this paragraph, the term "qualified person" means any person whose rights in such a contract or such property are transferred to the taxpayer, but only if such property is not placed in service before such rights are transferred to the taxpayer. (3) SPECIAL RULE FOR COMPONENTS.—For purposes of applying

section 168(f)(l)(B) of the Internal Revenue Code of 1954 (as amended by section 103) to components placed in service after December 31, 1986, property to which paragraph (2) of this subsection applies shall be treated as placed in service by the taxpayer before May 9, 1985. (4) TECHNICAL CORRECTION.—The amendment made by paragraph (6) of section 103(b) shall apply as if included in the amendments made by section 111 of the Tax Reform Act of 1984. 98 Stat. 631. (5) SPECIAL RULE FOR LEASING OF QUALIFIED REHABILITATED

BUILDINGS.—The amendment made by paragraph (5) of section 103(b) to section 48(g)(2)(B)(v) of the Internal Revenue Code of 1954 shall not apply to leases entered into before May 22, 1985, but only if the lessee signed the lease before May 17, 1985. TITLE II—AMENDMENTS TO BELOW-MARKET INTEREST RULES SEC. 201. CERTAIN LOANS TO QUALIFIED CONTINUING CARE FACILITIES EXEMPT FROM BELOW-MARKET INTEREST RATE RULES. (a) IN GENERAL.—Section 7872 of the Internal Revenue Code of 1954 (relating to treatment of loans with below-market interest rates) is amended by redesignating subsection (g) as subsection (h) and by inserting after subsection (f) the following new subsection:

98 Stat. 699. 26 USC 7872.

"(g) EXCEPTION FOR CERTAIN LOANS TO QUALIFIED CONTINUING CARE FACILITIES.—

"(1) IN GENERAL.—This section shall not apply for any cal- Contracts. endar year to any below-market loan made by a lender to a qualified continuing care facility pursuant to a continuing care contract if the lender (or the lender's spouse) attains age 65 before the close of such year. "(2) $90,000 LIMIT.—Paragraph (1) shall apply only to the extent that the aggregate outstanding amount of any loan to which such paragraph applies (determined without regard to this paragraph), when added to the aggregate outstanding amount of all other previous loans between the lender (or the lender's spouse) and any qualified continuing care facility to which paragraph (1) applies, does not exceed $90,000. "(3) CONTINUING CARE CONTRACT.—For purposes of this section, the term 'continuing care contract' means a written contract between an individual and a qualified continuing care facility under which— "(A) the individual or individual's spouse may use a qualified continuing care facility for their life or lives, "(B) the individual or individual's spouse— "(i) will first—

�


text:
Page:Bobbsey Twins at the Seashore.djvu/160

148 would be only subject to the usual ocean storms."

"And those men were to go through the dangerous waters in little canoes!" exclaimed Aunt Emily.

"But the danger was mostly from winds to the sails of vessels," explained Uncle William. "Small craft are safest in such waters."

"And if they succeeded in bringing the mahogany in?" asked Mrs. Bobbsey.

"Nellie would be comparatively rich, for her father went as George Bingham's partner," finished Mr. Minturn.

So, the evening went into night, and Nellie, the Fisherman's Daughter, slept on, to dream that the song of the waves came true.


text:
Page:United States Statutes at Large Volume 99 Part 1.djvu/534

 99 STAT. 512

PUBLIC LAW 99-121—OCT. 11, 1985 "(I) reside in a separate, independent living unit with additional facilities outside such unit for the providing of meals and other personal care, and "(ID not require long-term nursing care, and "(ii) then will be provided long-term and skilled nursing care as the health of such individual or individual's spouse requires, and "(C) no additional substantial payment is required if such individual or individual's spouse requires increased personal care services or long-term and skilled nursing care. "(4) QUALIFIED CONTINUING CARE FACILITY.—

"(A) IN GENERAL.—For purposes of this section, the term 'qualified continuing care facility' means 1 or more facilities— "(i) which are designed to provide services under continuing care contracts, and "(ii) substantially all of the residents of which are covered by continuing care contracts. "(B)

SUBSTANTIALLY ALL FACILITIES MUST BE OWNED OR

OPERATED BY BORROWER.—A facility shall not be treated as a qualified continuing care facility unless substantially all facilities which are used to provide services which are required to be provided under a continuing care contract are owned or operated by the borrower. "(C) NURSING HOMES EXCLUDED.—The term 'qualified continuing care facility' shall not include any facility which is of a type which is traditionally considered a nursing home. "(5) ADJUSTMENT OF LIMIT FOR INFLATION.—

"(A) IN GENERAL.—In the case of any loan made during any calendar year after 1986 to which paragraph (1) applies, the dollar amount in paragraph (2) shall be increased by the inflation adjustment for such calendar year. Any increase under the preceding sentence shall be rounded to the nearest multiple of $100 (or, if such increase is a multiple of $50, such increase shall be increased to the nearest multiple of $100). "(B) INFLATION ADJUSTMENT.—For purposes of subparagraph (A), the inflation adjustment for any calendar year is the percentage (if any) by which— "(i) the CPI for the preceding calendar year exceeds "(ii) the CPI for calendar year 1985. For purposes of the preceding sentence, the CPI for any calendar year is the average of the Consumer Price Index as of the close of the 12-month period ending on September 30 of such calendar year." (b) CLARIFICATION OF APPLICATION OF BELOW-MARKET INTEREST RATE RULES TO LOANS TO QUALIFIED CONTINUING CARE FACILITIES.—

98 Stat. 699. 26 USC 7872.

Paragraph (1) of section 7872(c) of such Code (relating to belowmarket loans to which section applies) is amended by adding at the end thereof the following new subparagraph: "(F) LOANS TO QUALIFIED CONTINUING CARE FACILITIES.—

Any loan to any qualified continuing care facility pursuant to a continuing care contract." (c) CONFORMING AMENDMENTS.—

(1) Paragraph (1) of section 7872(c) of such Code is amended by inserting "and subsection (g)" after "subsection".

�


text:
Page:United States Statutes at Large Volume 99 Part 1.djvu/535

 PUBLIC LAW 99-121—OCT. 11, 1985

99 STAT. 513

(2) Subparagraph (E) of section 7872(c)(l) of such Code is amended by striking out "or (C)" and inserting in lieu thereof "(C), or (F)". SEC. 202. TIME FOR DETERMINING RATE APPLICABLE TO EMPLOYEE RELOCATION LOANS. Subsection (f) of section 7872 of the Internal Revenue Code of 1954 (relating to treatment of loans with below-market interest rates) is amended by adding at the end thereof the following new paragraph:

98 Stat. 699. 26 USC 7872.

"(11) TIME FOR DETERMINING RATE APPLICABLE TO EMPLOYEE RELOCATION LOANS.—

"(A) IN GENERAL.—In the case of any term loan made by an employer to an employee the proceeds of which are used by the employee to purchase a principal residence (within the meaning of section 1034), the determination of the applicable Federal rate shall be made as of the date the written contract to purchase such residence was entered into. "(B) PARAGRAPH ONLY TO APPLY TO CASES TO WHICH SECTION 217 APPLIES.—Subparagraph (A) shall only apply to the

purchase of a principal residence in connection with the commencement of work by an employee or a change in the principal place of work of an employee to which section 217 applies." SEC. 203. SECTION 7872 OF THE INTERNAL REVENUE CODE SHALL NOT APPLY TO NON-LOAN PAYMENTS TO CERTAIN RESIDENTIAL HOUSING FACILITIES FOR THE ELDERLY. (a) GENERAL RULE.—For purposes of section 7872 of the Internal Revenue Code of 1954, payments made to a specified independent living facility for the elderly by a payor who is an individual at least 65 years old shall not be treated as loans provided— (1) the independent living facility is designed and operated to meet some substantial combination of the health, physical, emotional, recreational, social, religious and similar needs of persons over the age of 65; (2) in exchange for the payment, the payor obtains the right to occupy (or equivalent contractual right) independent living quarters located in the independent living facility; (3) the amount of the payment is equal to the fair market value of the right to occupy the independent living quarters; (4) upon leaving the independent living facility, the payor is entitled to receive a payment equal to at least 50 percent of the fair market value at that time of the right to occupy the independent living quarters, the timing of which payment may be contingent on the time when the independent living facility is able to locate a new occupant for such quarters; and (5) the excess, if any, of the fair market value of the independent living quarters at the time the payor leaves such quarters (less a reasonable amount to cover costs) over the amount paid to the payor is used by an organization described in section 501(c)(3) of such Code to provide housing and related services for needy elderly persons. (b) SPECIFIED INDEPENDENT LIVING FACILITY FOR THE ELDERLY.— For purposes of this section—

(1) IN GENERAL.—The term "specified independent living facility for the elderly" means—

26 USC 217.

98 Stat. 699. 26 USC 7872.

26 USC 501. Missouri.

�


text:
Page:United States Statutes at Large Volume 99 Part 1.djvu/536

 99 STAT. 514

26 USC 501.

PUBLIC LAW 99-121—OCT. 11, 1985 (A) the Our Lady of Life Apartments owned by a Missouri not-for-profit corporation with the same name, (B) the Laclede Oaks Manor owned by the Lutheran Health Care Association of St. Louis, Missouri, and (C) the Luther Center Northeast owned by the Lutheran Altenheim Society of Missouri. (2) REQUIREMENTS.—A facility shall not be considered to be a specified independent living facility for the elderly— (A) if it is located at any site other than the site which it occupied (or was in the process of occupying through construction) on the date of the enactment of this Act, or (B) if its ownership is transferred after such date of enactment to a person other than an organization described in section 501(c)(3) of the Internal Revenue Code of 1954. SEC. 204. EFFECTIVE DATES.

26 USC 7872

note.

Contracts. 26 USC 7872

26 USC 7872 note. 98 Stat. 699.

(a) SECTION 2 0 1. —

(1) IN GENERAL.—The amendments made by section 201 shall apply with respect to loans made after the date of enactment of this Act. (2) SECTION 7872 NOT TO APPLY TO CERTAIN LOANS.—Section 7872 of the Internal Revenue Code of 1954 shall not apply to loans made on or before the date of the enactment of this Act to any qualified continuing care facility pursuant to a continuing care contract. For purposes of this paragraph, the terms "qualified continuing care facility" and "continuing care contract" have the meanings given such terms by section 7872(g) of such Code (as added by section 201). (b) SECTION 202.—The amendment made by section 202 shall apply to contracts entered into after June 30, 1985, in taxable years ending after such date, (c) SECTION 203.—The provisions of section 203 shall apply as if included in section 172(a) of the Tax Reform Act of 1984. Approved October 11, 1985.

LEGISLATIVE HISTORY—H.R. 2475: HOUSE REPORTS: No. 99-87 (Comm. on Ways and Means) and No. 99-250 (Comm. of ("'on TGT*(*n c s l

SENATE REPORT No. 99-83 (Comm. on Finance). CONGRESSIONAL RECORD, Vol. 131 (1985): May 21, considered and passed House. June 26, considered and passed Senate, amended. Aug. 1, House agreed to conference report. Oct. 1, Senate agreed to conference report.

�


text:
Page:United States Statutes at Large Volume 99 Part 1.djvu/537

 PUBLIC LAW 99-122—Oct. 16, 1985

99 STAT. 515

Public Law 99-122 99th Congress Joint Resolution To designate October 16, 1985, as "World Food Day".

Whereas hunger and chronic malnutrition remain daily facts of life for hundreds of millions of people throughout the world and famine is again afflicting so many of the countries of Africa; Whereas the children of the world suffer the most serious effects of hunger and malnutrition, with millions of children dying each year from hunger-related illness and disease, and many others suffering permanent physical or mental impairment, including blindness, because of vitamin and protein deficiencies; Whereas Congress is particularly concerned by the rise of hunger, recurring natural catastrophes, and inadequate food production and distribution now affecting a large number of African countries and the need for an appropriate United States response to emergency and long-term food needs of that continent; Whereas there is growing recognition that improved agricultural policies, including farmer incentives, are necessary in many developing countries to increase food production and national economic growth; Whereas there is a need to increase the involvement of the private voluntary and business sectors, working with governments and the international community, in the search for solutions to food and hunger problems; Whereas although progress has been made in reducing the incidence of hunger and malnutrition in the United States, certain groups, notably Native Americans, migrant workers, the elderly, and children, remain vulnerable to malnutrition and related diseases; Whereas national policies concerning food, farmland, and nutrition require continuing evaluation and should consider and strive for the well-being and protection of all residents of the United States and particularly those most at health risk; Whereas there is widespread concern that the use and conservation of land and water resources required for food production throughout the United States ensure care for the national patrimony we bequeath to future generations; Whereas the United States has always supported the principle that the health of a nation depends on a strong agriculture based on private enterprise and the primacy of the independent family farm; Whereas the United States, as the world's largest producer and trader of food, has a key role to play in efforts to assist countries and people to improve their ability to feed themselves; Whereas the United States has a long tradition of demonstrating its humanitarian concern for helping the hungry and malnourished; Whereas efforts to resolve the world hunger problem are critical to the maintenance of world peace and therefore to the security of the United States;

Oct. 16, 1985 [S.J. Res. 72]

�


text:
Page:United States Statutes at Large Volume 99 Part 1.djvu/538

 99 STAT. 516

PUBLIC LAW 99-122—Oct. 16, 1985 Whereas Congress is acutely aware of the paradox of immense farm surpluses and rising farm foreclosures in the United States despite the desperate need for food by hundreds of millions of people around the world; Whereas a key recommendation contained in the 1980 report of the Presidential Commission on World Hunger is that efforts be undertaken to increase public awareness of the world hunger problem; Whereas the member nations of the Food and Agriculture Organization of the United Nations designated October 16 of each year as World Food Day because of the need to alert the public to the increasingly dangerous world food situation; Whereas the Food and Agriculture Organization was conceived at a conference in Hot Springs, Virginia, with a goal of freedom from hunger and 1985 marks the fortieth anniversary of the organization's existence; Whereas past observances of World Food Day have been supported by proclamations of the fifty States, the District of Columbia, the Commonwealth of Puerto Rico, and the territories and possessions of the United States, by resolutions of Congress, by Presidential proclamations, by programs of the United States Department of Agriculture and other Government departments and agencies, and by the governments and peoples of many other nations; and Whereas more than three hundred and thirty private and voluntary organizations and many thousands of community leaders are participating in the planning of World Food Day observances for 1985: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That October 16, 1985, is hereby designated as "World Food Day", and the President is authorized and requested to issue a proclamation calling upon the people of the United States to observe that day with appropriate activities to explore ways in which our Nation can further contribute to the elimination of hunger in the world. Approved October 16, 1985.

LEGISLATIVE HISTORY—S.J. Res. 72: CONGRESSIONAL RECORD, Vol. 131 (1985): Mar. 28, considered and passed Senate. Oct. 9, considered and passed House.

�


text:
Page:United States Statutes at Large Volume 99 Part 1.djvu/539

 PUBLIC LAW 99-123—OCT. 16, 1985

99 STAT. 517

Public Law 99-123 99th Congress Joint Resolution To provide for the designation of the week of October 6 through October 12, 1985, as "Myasthenia Gravis Awareness Week".

Whereas the incidence and prevalence of myasthenia gravis present a significant health problem in the United States; Whereas myasthenia gravis is a severe neuromuscular disorder, characterized by weakness of the voluntary muscles of the body; Whereas an estimated one hundred thousand to two hundred thousand diagnosed, and over one hundred thousand undiagnosed, Americans of both sexes, and all races and ages, are afflicted with the disease; Whereas the Nation faces a continuing need to support innovative research into the causes, treatment, and cure of myasthenia gravis; and Whereas it is appropriate to focus the Nation's attention upon the problem of myasthenia gravis: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the week of October 6 through October 12, 1985, is designated as "Myasthenia Gravis Awareness Week" and the President of the United States is authorized and requested to issue a proclamation calling upon all government agencies and the people of the United States to observe the week with appropriate programs, ceremonies, and activities. Approved October 16, 1985.

LEGISLATIVE HISTORY—S.J. Res. 183: CONGRESSIONAL RECORD, Vol. 131 (1985): Aug. 1, considered and passed Senate. Oct. 9, considered and passed House.

Oct. 16, 1985 [S.J. Res. 183]

�


text: The Bobbsey Twins at the Seashore/Chapter 14


text:
Page:United States Statutes at Large Volume 99 Part 1.djvu/540

 99 STAT. 518

PUBLIC LAW 99-124—Oct. 16, 1985 Public Law 99-124 99th Congress Joint Resolution

Oct. 16, 1985 [S.J. Res. 197]

To designate the week of October 6, 1985 through October 13, 1985 as "National Housing Week".

Whereas the combined commitment of the Federal Government with the strength and ingenuity of private enterprise has brought decent housing to an overwhelming majority of all Americans; Whereas the opportunity to own a home and live on decent housing strengthens the family, the community, and the Nation, giving individual Americans a stake in the local community and stimulating political involvement; Whereas the housing industry has led the Nation to economic recovery following every recession since World War II by creating millions of productive jobs for the unemployed, generating billions of dollars worth of tax revenue, and creating demand for goods and services; Whereas shelter is one of the basic needs for all individuals, and the production of affordable housing is an important concern at all levels of government; and Whereas it is appropriate to reaffirm the national historical commitment to housing and homeownership and to recognize the economic opportunities created by the present housing recovery: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled. That the week of October 6, 1985, through October 13, 1985, is designated as "National Housing Week", and the President is authorized and requested to issue a proclamation calling upon the people of the United States to observe such week with appropriate ceremonies and activities. Approved October 16, 1985.

LEGISLATIVE HISTORY—S.J. Res. 197:, CONGRESSIONAL RECORD, Vol. 131 (1985): Sept. 19, considered and passed Senate. Oct. 9, considered and passed House.

�


text:
Page:United States Statutes at Large Volume 99 Part 1.djvu/541

 PUBLIC LAW 99-125—OCT. 18, 1985

99 STAT. 519

Public Law 99-125 99th Congress Joint Resolution To designate the month of November 1985 as "National Hospice Month".

Whereas hospice care has been demonstrated to be a humanitarian way for terminally ill patients to approach the end of their lives in comfort with appropriate, competent, and compassionate care in an environment of personal individuality and dignity; Whereas the hospice concept of care advocates care of the patient and family by attending to their physical, emotional, and spiritual needs, and specifically the pain and grief they experience; Whereas hospice care is provided by an interdisciplinary team of physicians, nurses, soci^ workers, pharmacists, psychological and spiritual counselors, and other community volunteers trained in the hospice concept of care; Whereas hospice care is rapidly becoming a full partner in the Nation's health care system; Whereas the recent enactment of the medicare hospice benefit makes it possible for many more elderly Americans to have the opportunity to elect to receive hospice care; Whereas private insurance carriers and employers have recognized the value of hospice care by the inclusion of hospice benefits in health care coverage packages; and Whereas there remains a great need to increase public awareness of the benefits of hospice care: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled. That the month of November 1985 is designated "National Hospice Month". SEC. 2. The President is requested to issue a proclamation calling upon all Government agencies, the health care community, appropriate private organizations, and the people of the United States to observe such month with appropriate forums, programs, and activities designed to encourage national recognition of and support for hospice care as a humane response to the needs of the terminally ill and a viable component of the health care system in this country. Approved October 18, 1985.

LEGISLATIVE HISTORY—S.J. Res. 155: CONGRESSIONAL RECORD, Vol. 131 (1985): Sept. 23, considered and passed Senate. Oct. 9, considered and passed House.

Oct. 18, 1985 [S.J. Res. 155]

�


text:
Page:United States Statutes at Large Volume 99 Part 1.djvu/542

 99 STAT. 520

PUBLIC LAW 99-126—OCT. 18, 1985 Public Law 99-126 99th Congress Joint Resolution

Oct. 18, 1985 [S.J. Res. 175]

To designate the week of October 20, 1985, through October 26, 1985, as "National CPR Awareness Week".

Whereas heart attacks are the leading cause of death in the United States; Whereas as many as 1,500,000 Americans may be stricken by a heart attack during 1985; Whereas cardio-pulmonary resuscitation, commonly referred to as CPR, is a first aid procedure which significantly reduces the incidence of sudden death due to a heart attack; and Whereas the death rate due to heart attacks would be reduced if more Americans received training in CPR: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the week of October 20, 1985, through October 26, 1985, is designated as "National CPR Awareness Week", and the President is authorized and requested to issue a proclamation calling upon the people of the United States to observe such week with appropriate programs and activities. Approved October 18, 1985.

LEGISLATIVE HISTORY—S.J. Res. 175: CONGRESSIONAL RECORD, Vol. 131 (1985): Sept. 19, considered and passed Senate. Oct. 9, considered and passed House.

�


text:
Page:United States Statutes at Large Volume 99 Part 1.djvu/543

 PUBLIC LAW 99-127—OCT. 18, 1985

99 STAT. 521

Public Law 99-127 99th Congress Joint Resolution To designate the week beginning October 1, 1985, as "National Buy American Week".

Whereas the Nation accumulated record merchandise trade deficits in 1982, 1983, and 1984, and a record deficit is predicted for 1985; Whereas we have become a debtor nation for the first time since the onset of World War I; Whereas in many cases the prices of imported goods are artificially low because of illegal subsidies by foreign governments; and Whereas record merchandise trade deficits cause loss of jobs, loss of productivity, loss of tax revenues, and a decline in the American standard of living: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the week beginning October 1, 1985, hereby is designated "National Buy American Week", and the President of the United States is authorized and requested to issue a proclamation calling upon the people of the United States to observe such week with appropriate ceremonies and activities. Approved October 18, 1985.

LEGISLATIVE HISTORY—S.J. Res. 194: CONGRESSIONAL RECORD, Vol. 131 (1985): Sept. 19, considered and passed Senate. Oct. 9, considered and passed House.

Oct. 18, 1985 [S.J. Res. 194]

�


text:
Page:United States Statutes at Large Volume 99 Part 1.djvu/544

 99 STAT. 522

PUBLIC LAW 99-128—OCT. 22, 1985 Public Law 99-128 99th Congress Joint Resolution

Oct. 22, 1985 [S.J. Res. 158]

Designating February 1986 as "National Community College Month".

Whereas, in the fall of 1981, there were over one thousand two hundred and nineteen community, technical, and junior colleges in which 40 per centum of all undergraduate college students in the United States were enrolled; Whereas such colleges prepare people for employment in over one thousand four hundred different occupations or for transfer to four-year colleges and universities; Whereas such colleges are within reasonable commuting distance for more than 90 per centum of all Americans; Whereas such colleges provide an opportunity to obtain a postsecondary education at low cost for many people who could not otherwise afford one; and Whereas such colleges are community-based institutions which provide flexible and diverse programs and services tailored to fit the needs of their local populations and industries: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That February 1986 is designated as "National Community College Month", and the President is authorized and requested to issue a proclamation calling upon the people of the United States to observe such month with appropriate ceremonies and activities. Approved October 22, 1985.

LEGISLATIVE HISTORY—S.J. Res. 158: CONGRESSIONAL RECORD, Vol. 131 (1985): Sept. 30, considered and passed Senate. Oct. 9, considered and passed House.

�


text:
Page:United States Statutes at Large Volume 99 Part 1.djvu/545

 PUBLIC LAW 99-129—OCT. 22, 1985

99 STAT. 523

Public Law 99-129 99th Congress An Act To amend the Public Health Service Act to revise and extend the programs under title VII of that Act.

Oct. 22, 1985 [H.R. 2410]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may Health be cited as the "Health Professions Training Assistance Act of Professions Training 1985". Assistance Act of REFERENCE

SEC. 2. Except as otherwise specifically provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or a repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Public Health Service Act.

1985. 42 USC 201 note.

TITLE I—AUTHORIZATIONS OF APPROPRIATIONS SCOPE AND DURATION OF FEDERAL LOAN INSURANCE PROGRAM

SEC. 101. (a) The first sentence of section 728(a) is amended by 42 USC 294a. striking out "and" after "1983;" and by inserting before the period a semicolon and "$250,000,000 for the fiscal year ending September 30, 1985; $275,000,000 for the fiscal year ending September 30, 1986; $290,000,000 for the fiscal year ending September 30, 1987; and $305,000,000 for the fiscal year ending September 30, 1988". (b) The second sentence of such section is amended by striking out "1987," and inserting in lieu thereof "1991,". SCHOLARSHIPS FOR STUDENTS OF EXCEPTIONAL FINANCIAL NEED

SEC. 102. Section 758(d) is amended by striking out "and" after 42 USC 294z. "1983," and by inserting before the period a comma and "$7,000,000 for the fiscal year ending September 30, 1986, $7,000,000 for the fiscal year ending September 30, 1987, and $7,000,000 for the fiscal year ending September 30, 1988". DEPARTMENTS OF FAMILY MEDICINE

SEC. 103. Section 780(c) is amended by striking out "and" after 42 USC 295g. "1983," and by inserting a comma and "$7,000,000 for the fiscal year ending September 30, 1986, $7,000,000 for the fiscal year ending September 30, 1987, and $7,000,000 for the fiscal year ending September 30, 1988" after "1984". AREA HEALTH EDUCATION CENTERS

SEC. 104. The first sentence of section 781(g) is amended by 42 USC 295g-i. striking out "and" after "1983," and by inserting before the period a comma and "$18,000,000 for the fiscal year ending September 30,

51-194 O -

QL. 3

Parti

�


text:
Page:United States Statutes at Large Volume 99 Part 1.djvu/546

 99 STAT. 524

PUBLIC LAW 99-129—OCT. 22, 1985 1986, $18,000,000 for the fiscal year ending September 30, 1987, and $18,000,000 for the fiscal year ending September 30, 1988". PHYSICIAN ASSISTANTS

42 USC 295g-3.

SEC. 105. Section 783(d) is amended by striking out "and" after "1983," and by inserting before the period a comma and "$4,800,000 for the fiscal year ending September 30, 1986, $4,800,000 for the fiscal year ending September 30, 1987, and $4,800,000 for the fiscal year ending September 30, 1988". GENERAL INTERNAL MEDICINE AND GENERAL PEDIATRICS

42 USC 295g-4.

SEC. 106. Section 784(b) is amended by striking out "and" after "1983," and by inserting before the period a comma and "$18,500,000 for the fiscal year ending September 30, 1986, $19,500,000 for the fiscal year ending September 30, 1987, and $22,000,000 for the fiscal year ending September 30, 1988". FAMILY MEDICINE AND GENERAL PRACTICE OF DENTISTRY

42 USC 295g-6.

SEC. 107. (a) The first sentence of section 786(c) is amended by striking out "and" after "1983," and by inserting before the period a comma and "$36,000,000 for the fiscal year ending September 30, 1986, $37,000,000 for the fiscal year ending September 30, 1987, and $39,400,000 for the fiscal year ending September 30, 1988". (b) The second sentence of such section is amended by striking out "and" after "1983," and by inserting "September 30, 1986, September 30, 1987, and September 30, 1988," after "1984,". EDUCATIONAL ASSISTANCE TO INDIVIDUALS FROM DISADVANTAGED BACKGROUNDS

42 USC 295g-7.

SEC. 108. The first sentence of section 787(b) is amended by striking out "and" after "1983," and by inserting before the period a comma and "$26,000,000 for the fiscal year ending September 30, 1986, $28,000,000 for the fiscal year ending September 30, 1987, and $30,000,000 for the fiscal year ending September 30, 1988". CURRICULUM DEVELOPMENT AND FACULTY TRAINING GRANTS

42 USC 295g-8.

SEC. 109. Section 788(f) is amended by striking out "and" after "1983;" and by inserting before the period a semicolon and "$8,000,000 for the fiscal year ending September 30, 1986; $8,000,000 for the fiscal year ending September 30, 1987; and $8,000,000 for the fiscal year ending September 30, 1988". ADVANCED FINANCIAL DISTRESS ASSISTANCE

42 USC 295g-8b.

SEC. 110. The first sentence of section 788B(h) is amended by inserting before the period a comma and "$4,200,000 for the fiscal year ending September 30, 1986, and $3,800,000 for the fiscal year ending September 30, 1987". GRADUATE PROGRAMS IN HEALTH ADMINISTRATION

42USe295h.

SEC. 111. Section 791(d) is amended by striking out "and" after "1983," and by inserting before the period a comma and "$1,500,000 for the fiscal year ending September 30, 1986, $1,500,000 for the

�


text:
Page:United States Statutes at Large Volume 99 Part 1.djvu/547

 PUBLIC LAW 99-129—OCT. 22, 1985

99 STAT. 525

fiscal year ending September 30, 1987, and $1,500,000 for the fiscal year ending September 30, 1988". TRAINEESHIPS FOR STUDENTS IN OTHER GRADUATE PROGRAMS

SEC. 112. Section 791 A(c) is amended by striking out "and" after "1980;" and by inserting before the period a semicolon and "and $500,000 for the fiscal year ending September 30, 1986, and each of the next two fiscal years".

42 USC 295h-ia.

PUBLIC HEALTH TRAINEESHIPS

SEC. 113. Section 792(c) is amended by striking out "and" after 42 USC 295h-lb. "1983;" and by inserting before the period a semicolon and "$3,000,000 for the fiscal year ending September 30, 1986; $3,075,000 for the fiscal year ending September 30, 1987; and $3,150,000 for the fiscal year ending September 30, 1988". TRAINING IN PREVENTIVE MEDICINE

SEC. 114. Section 793(c) is amended by striking out "and" after 42 USC 295h-ic. "1983," and by inserting before the period a comma and "$1,600,000 for the fiscal year ending September 30, 1986, $1,600,000 for the fiscal year ending September 30, 1987, and $1,600,000 for the fiscal year ending September 30, 1988". TITLE II—PROGRAM REVISIONS SCHOOLS OF CHIROPRACTIC

SEC. 201. (a) The first sentence of section 701(4) is amended— 42 USC 292a. (1) by striking out "and" after "'school of veterinary medicine',"; (2) by inserting a comma and "and 'school of chiropractic'" after " 'school of public health' "; (3) by striking out "and" after "a degree of doctor of veterinary medicine or an equivalent degree,"; and (4) by inserting "and a degree of doctor of chiropractic or an equivalent degree," before "and including advanced training related to". (b) Section 701(5) is amended— (1) by striking out "or" after "pharmacy,"; and (2) by inserting "or chiropractic," after "public health,". (c) Section 737 is amended by striking out paragraph (2) and by 42 USC 294j. redesignating paragraphs (3), (4), and (5) as paragraphs (2), (3), and (4), respectively. TRAINING OF PHYSICIAN ASSISTANTS

SEC. 202. Section 701(8) is amended to read as follows: Education. "(8)(A) The term 'program for the training of physician assist- 42 USC 292a. ants' means an educational program which (i) has as its objective the education of individuals who will, upon completion of their studies in the program, be qualified to provide primary health care under the supervision of a physician, and (ii) meets regulations prescribed by the Secretary in accordance with subparagraph (B). "(B) After consultation with appropriate organizations, the Secretary shall, not later than October 1, 1986, prescribe regula-

�


text:
Page:United States Statutes at Large Volume 99 Part 1.djvu/548

 99 STAT. 526

PUBLIC LAW 99-129—OCT. 22, 1985 tions for programs for the training of physician assistants. Such regulations shall, as a minimum, require that such a program— "(i) extend for at least one academic year and consist of— "(I) supervised clinical practice, and "(II) at least four months (in the aggregate) of classroom instruction, directed toward preparing students to deliver health care; "(ii) have an enrollment of not less than eight students; and "(iii) train students in primary care, disease prevention, health promotion, geriatric medicine, and home health care.". SCHOOLS OF ALLIED HEALTH

42 USC 292a.

SEC. 203. (a) Section 701(10) is amended— (1) by inserting "college," before "junior college,"; and (2) by striking out "in a discipline of allied health leading to a baccalaureate or associate degree (or an equivalent degree of either) or to a more advanced degree" in subparagraph (A) and inserting in lieu thereof "to enable individuals to become allied health professionals or to provide additional training for allied health professionals". (b) Section 701 is amended by adding at the end thereof the following new paragraph: "(13) The term 'allied health professional' means an individual— "(A) who has received a certificate, an associate's degree, a bachelor's degree, a masters' degree, a doctoral degree, or postbaccalaureate training, in a science relating to health care; "(B) who shares in the responsibility for the delivery of health care services or related services, including— "(i) services relating to the identification, evaluation, and prevention of diseases and disorders; "(ii) dietary and nutrition services; "(iii) health promotion services; "(iv) rehabilitation services; or "(v) health systems management services; and "(C) who has not received a degree of doctor of medicine, a degree of doctor of osteopathy, a degree of doctor of dentistry or an equivalent degree, a degree of doctor of veterinary medicine or an equivalent degree, a degree of doctor of optometry or an equivalent degree, a degree of doctor of podiatry or an equivalent degree, a degree of bachelor of science in pharmacy or an equivalent degree, a degree of doctor of pharmacy or an equivalent degree, a graduate degree in public health or an equivalent degree, a degree of doctor of chiropractic or an equivalent degree, a graduate degree in health administration or an equivalent degree, or a doctoral degree in clinical psychology or an equivalent degree.". GRADUATE PROGRAMS IN CLINICAL PSYCHOLOGY

SEC. 204. (a) Section 701 (as amended by section 203(b) of this Act) is further amended by adding at the end thereof the following new paragraph:

�


text:
Page:United States Statutes at Large Volume 99 Part 1.djvu/549

 PUBLIC LAW 99-129—OCT. 22, 1985

99 STAT. 527

"(14) The term 'graduate program in clinical psychology' means an accredited graduate program in a public or nonprofit private institution in a State which provides training leading to a doctoral degree in clinical psychology or an equivalent degree.". (b) Section 701(5) (as amended by section 201(b) of this Act) is further amended— (1) by striking out "or" after "chiropractic,"; and (2) by inserting "or a graduate program in clinical psychology," after "health administration,". (c) Section 737 (as amended by section 201(c) of this Act) is further amended by striking out paragraph (2) (as redesignated by section 201(c) of this Act) and by redesignating paragraphs (3) and (4) (as redesignated by section 201(c) of this Act) as paragraphs (2) and (3), respectively. NATIONAL ADVISORY COUNCIL ON HEALTH PROFESSIONS EDUCATION

SEC. 205. (a) Section 702(a) is amended by striking out the last 42 USC 292b. sentence and inserting in lieu thereof the following: "Of the appointed members of the Council— "(1) twelve shall be representatives of the health professions schools assisted under programs authorized under this title, including— "(A) one representative of each of schools of veterinary medicine, optometry, pharmacy, podiatry, public health, and allied health, and graduate programs in health administration; and "(B) at least six persons experienced in university administration, at least one of whom shall be a representative of a school described in subparagraph (A); "(2) two shall be full-time students enrolled in health professions schools; and "(3) six shall be members of the general public". TECHNICAL ASSISTANCE

SEC. 206. Section 709(d) is amended to read as follows: 42 USC 292j. "(d) Funds appropriated under this title may be used by the Secretary to provide technical assistance in relation to any of the authorities under this title.". RECOVERY OF ASSISTANCE

SEC. 207. (a) Section 723 is amended to read as follows:

42 USC 293c.

"RECOVERY

"SEC. 723. (a) If at any time within twenty years (or within such shorter period as the Secretary may prescribe by regulation for an interim facility) after the completion of construction of a facility with respect to which funds have been paid under section 720(a)— 42 USC 293. "(I)(A) in case of a facility which was an affiliated hospital or outpatient facility with respect to which funds have been paid under section 720(a)(l), the owner of the facility ceases to be a public or other nonprofit agency that would have been qualified to file an application under section 605, 42 USC 29ie.

�