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101 STAT. 345

shall be treated as eligible to obtain a loan from another lender under section 428A(d)(3) or 428B(d)(3), as applicable, for the purposes of discharging the loan from the original lender, and a borrower exercising this option shall not be subject to an additional insurance fee under section 428A(d)(3)(C) or 428B(d)(3)(C). (s) CoNSOUDATiON LoANS.—Section 428C of the Act is amended— (1) in subsection (a)(l)(C), by striking out "(C) and (E)" and inserting in lieu thereof "(C), (E), and (J)"; (2) in subsection (a)(3)(A)— (A) in division (i), by adding "and" at the end thereof; (B) in division (ii), by striking out the semicolon and "and" at the end thereof and inserting in lieu thereof a 'r' period; and (C) by striking out division (iii); (3) in subsection (a)(3)(B)— (A) by striking out "loans received under this title" in
 * >• the first sentence and inserting "eligible student loans

^ received"; (B) by striking out "under this part" and inserting "under this title"; (C) by striking out "and 428(b)(l)(B)" in the second sen81 tence and inserting ", 428(b)(l)(B), 428A(b)(2), and 464(a)(2)"; 1' and (D) by adding at the end thereof the following new sentence: "Nothing in this subparagraph shall be interpreted to authorize the Secretary to require lenders, holders, or guarantors of consolidation loans to receive, to maintain, or to make reports with respect to pre-existing records relating to any eligible student loan (as defined under section 428C(a)(4)) discharged by a borrower in receiving a consolidation loan."; (4) in subsection (a)(4)(A), by inserting before the semicolon at the end thereof a comma and the following: "except for loans made to parent borrowers under section 428B, including loans made to parent borrowers under section 428B as in effect prior to the enactment of the Higher Education Amendments of 1986"; (5) in subsection (b)(l)(C)— (A) by striking out "subsection (a)(2)" in clause (i) and inserting * 'subsection (a)(3)"; and (B) by striking out "all loans received by the eligible si borrower under this title" in clause (ii) and inserting "all eligible student loans received by the eligible borrower"; (6) in subsection (c)(2)(A)(v), by striking out "more" and inserting "equal to or greater"; and (7) in subsection (c)(5), by inserting before the period at the end thereof the following: ", but a fee may be payable by the lender to the guaranty agency to cover the costs of increased or extended liability with respect to such loan". (t) STATE GARNISHMENT PROGRAM.—Section 428E of the Act is amended— (1) in subsection (a)(1) by inserting before the semicolon a comma and the following: except that any State which has a garnishment law in effect on the date of the enactment of the Higher Education Amendments of 1986 which provides for the deduction of an amount not to exceed 15 percent of disposable

20 USC 1078-1; 1078-2. 20 USC 1078-3. ^^^« •' "

.i*'

' - '-" • * ' ''

"

20 USC 1001 note.

' ''"

20 USC 1078-5.

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 101 STAT. 346

PUBLIC LAW 100-50—JUNE 3, 1987

pay, shall be deemed to meet the requirements of this % - . ^. paragraph"; (2) in subsection (a)(6), by striking out "proper notice under paragraph (2)," and inserting in lieu thereof "notice of the withholding order,"; and, 4; c (3) in subsection (c), by striking out "notice given to the employer pursuant to subsection (a)(2)" and inserting in lieu thereof "notice of the withholding order". 20 USC 1078-6. (u) REHABIUTATION PROGRAM.—Section 428F of the Act is amended— (1) by striking out subsection (b); and (2) by redesignating subsection (c) as subsection (b). (v) INFORMATION CONCERNING BORROWERS.—Section 430A(e) of the

20 USC 1080a.

20 USC 1081. 20 USC 1082.

Act is amended by adding at the end thereof the following new sentence: "To further the purpose of this section, an eligible institution may enter into an arrangement with any or all of the holders of delinquent loans made to borrowers who attend or previously attended such institution for the purpose of providing current information regarding the borrower's location or employment or for the purpose of assisting the holder in contacting and influencing borrowers to avoid default.". (w) CLARIFICATION OF REFERENCE.—Section 431(a) of the Act is amended by striking out "section 422(c)(4)(C)" and inserting "section 422". (x) AUDITS OF FINANCIAL TRANSACTIONS.—Section 432(f) of the Act is amended by inserting after paragraph (3) the following new paragraph: "(4) AUDIT PROCEDURES.—In conducting audits pursuant to

V

this subsection, the Comptroller General and the Inspector General of the Department of Education shall audit the records to determine the extent to which they, at a minimum, comply with Federal statutes, and rules and regulations prescribed by the Secretary, in effect at the time that the record was made, and in no case shall the Comptroller General or the Inspector General apply subsequently determined standards, procedures, or regulations to the records of such agency, lender, or Authority.". (y) CIVIL PENALTIES.—Section 432(g)(2) of the Act is amended by

striking out "representation" each place it appears in subparagraphs (A)(i) and (B) and inserting in lieu thereof "misrepresentation". 20 USC 1083.

(z) STUDENT LOAN INFORMATION.—Section 433 of the Act is

amended— (1) in the first sentence of subsection (a), by inserting "(other 20 USC 1078-3. than a loan made under section 428C)" after "guaranteed under this part"; (2) in subsection (a), by striking out paragraph (8) and inserting the following: "(8) a statement of the total cumulative balance, including the J ' loan applied for, owed by the student to that lender, and an estimate of the projected monthly payment, given such cumulative balance;"; (3) in subsection (b)(7), by inserting before the semicolon at the end thereof the following: ", except that such explanation is not required when the loan being made is a consolidation loan under section 428C"; and

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


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101 STAT. 347

(4) in subsection (d), by striking out "makes the first disbursement of a loan with respect to a borrower" and inserting "notifies a borrower of approval of a loan", (aa) DEFINITIONS.—Section 435 of the Act is amended—

(1) in subsection (b)(3), by inserting before the semicolon the following: ", or in the case of a hospital or health care facility, which provides training of not less than one year for graduates of accredited health professions programs, leading to a degree or certificate upon completion of such training"; (2) in subsection (d)(1)— ,1 (A) by striking out "and" at the end of subparagraph (H); (B) by striking out the period at the end of subparagraph fca; (I) and inserting "; and"; and (C) by inserting after such subparagraph the following: "(J) for purpose of making loans under section 428C, any nonprofit private agency functioning in any State as a secondary market."; (3) in section 435(d)(2)— (A) by striking out "and" at the end of subparagraph (A); ^'•'(B) by striking out the period at the end of subparagraph (B) and inserting in lieu thereof a semicolon; and (C) by inserting after subparagraph (B) the following: "(C) shall make loans to not more than 50 percent of the undergraduate students at the institutions; and "(D) shall not make a loan, other than a loan to a graduate or professional student, unless the borrower has previously received a loan from the school or has been denied a loan by an eligible lender; except that the requirements of subparagraphs (C) and (D) shall not apply with respect to loans made, and loan commitments made, after the date of enactment of the Higher Education Amendments of 1986 and prior to July 1, 1987."; (4) by striking out paragraph (2) of subsection (g) and inserting the following: "(2) DISABLED DEPENDENT OF A BORROWER.—Such term when used with respect to a disabled dependent of a borrower means a spouse or other dependent who, during a period of injury or illness of not less than 3 months, requires continuous nursing or similar services."; and (5) by striking out "DEFINITION OF" in the heading of subsection (h). (bb) SPECIAL ALLOWANCES.—Section 438(b) of the Act is amended— (1) by striking out "subsection (c)" in paragraph (2)(B)(iii) and inserting "subsection (d)"; and (2) by inserting after paragraph (6) the following new paragraph:

20 USC 1085.

20 USC 1078-3.

-^ <

• -

20 USC lOOl note.

20 USC 1087-1.

"(7) U S E OF AVERAGE QUARTERLY BALANCE.—The Secretary

shall permit lenders to calculate interest benefits and special allowance through the use of the average quarterly balance method until July 1, 1988.". (cc) REPORT ON SPECIAL ALLOWANCES.—Section 438(d)(4)(C) of the Act is amended by striking out ", as evidenced by the information submitted under paragraph (2)(G) of this subsection". (dd) CORRECTION OF REFERENCE.—Section 439(d)(l)(E)(iii) of the Act

is amended by inserting "Labor and" before "Human Resources".

20 USC 1087-2.

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 101 STAT. 348 42 USC 2752.

42 USC 2753.

.

42 USC 2756.

20 USC I087d.

, j^v.,

PUBLIC LAW 100-50—JUNE 3, 1987

SEC. 11. COLLEGE WORK-STUDY. (a) REALLOCATION.—Section 442(e)(2) of the Act is amended— ' (1) by inserting "not to exceed" immediately before "25 percent"; (2) by striking out "section 448" and inserting in lieu thereof "section 447"; and (3) by striking out "subsection (c)" and inserting in lieu thereof "section 447(c)". (b) WORK-STUDY AGREEMENTS.—Section 443(b) of the Act is amended— (1) in paragraph (2)(A), by striking out "clause (6)(B)" and inserting "paragraph (5)(B)"; and (2) in paragraph (5)(B), by striking out "clause (2)(A)" and inserting "paragraph (2)(A)". (c) PRIVATE SECTOR AGREEMENT.—(1) Section 443(c) of the Act is amended by striking out "In addition to the" and inserting in lieu thereof "As part of its agreement". (2) Section 443(c)(1) of the Act is amended by inserting "and subsection (b)(3)" before the semicolon. (d) JOB LOCATION AND DEVELOPMENT AGREEMENTS.—Section 446(b) of the Act is amended— (1) by striking out paragraph (3); and (2) by redesignating paragraphs (4) through (7) as paragraphs (3) through (6), respectively. SEC. 12. INCOME CONTINGENT LOAN DEMONSTRATION. Section 454(a)(4) of the Act is amended to read as follows: "(4)(A) The interest rate on loans under this part shall, at the discretion of the participating institution, be (i) computed in accordance with subparagraph (B) based on the interest rate computed for the calendar year in which the loan was made, and fixed over the life of the loan, or (ii) variable each calendar year based on the interest rate computed in accordance with subparagraph (B) for such calendar year. "(B) The interest rate applicable on such loans in accordance with subparagraph (A) shall be obtained by— "(i) computing the average of the bond equivalent rates of 91day Treasury bills auctioned for the 3-month period ending September 30 preceding such year; and "(ii) by adding 3 percent to the resulting percent.". SEC. 13. DIRECT STUDENT LOANS. (a) ALLOCATIONS IN PROPORTION TO FISCAL YEAR 1985 FEDERAL

20 USC I087bb.

CAPITAL CONTRIBUTION.—Section 462(a)(1) of the Act is amended by striking out subparagraph (A) and inserting the following: "(A) 100 percent of the amount of Federal capital contribution such institution received' under this part for fiscal year 1985, multiplied by". • (b) CORRECTION OF REFERENCE.—Section 462(d) of the Act is

amended by redesignating paragraph (3) the second time it appears as paragraph (4). (c) CORRECTION OF HEADING.—Section 462(e) of the Act is amended by striking out "; CASH ON HAND". (d) CORRECTION OF REFERENCE.—Section 462(f) of the Act is amend-

' 7s„ 'it

ed by striking out "under paragraph (2)" and inserting "under subsection (g)". vfrnKTm ' '^M^ J'.,^--: = i. -1.?^*.-V..,,:...-,,...,.,.... .

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101 STAT. 349

(e) NOTICE OF DEFAULT.—Section 463(a)(4) is amended by striking out "given to the Secretary" and everything that follows through "semiannually" and inserting "given to the Secretary in an annual report describing the total number of loans from such fund which are in such default".

Reports. 20 USC 1087CC.

(f) CORRECTION OF REFERENCE.—Section 463(b) of the Act is

amended by striking out "section 485" and inserting "section 489". (g) ESTIMATES OF BALANCES.—Section 463A(a) of the Act is amended by striking out pargigraph (8) and inserting the following: "(8) a statement of the total cumulative balance, including the loan applied for, owed by the student to that lender, and an estimate of the projected monthly payment, given such cumulative balance;". (h) DEFENSE EDUCATIONAL LOAN REPAYMENT.—Section 463A(a)(10) of the Act is amended by striking out "section 902 of the Department of Defense Authorization Act, 1981 (10 U.S.C. 2141, note)r and inserting "the Department of Defense educational loan repayment program (10 U.S.C. 2172);". (i) INTERNSHIP DEFERMENT.—Section 464(c)(2)(A)(vi) is amended by

inserting before the semicolon at the end thereof the following: "or serving in an internship or residency program leading to a degree or certificate awarded by an institution of higher education, a hospital, or a health care facility that offers postgraduate training".

20 USC 1087CC-1.

20 USC 1087dd. Schools and colleges. Health care facilities.

(j) REFERENCE TO OTHER PROGRAMS.—Section 465(a)(2) of the Act is

20 USC lOSTee.

amended— (1) in subparagraph (A) by striking out "title I of the Elementary and Secondary Education Act of 1965" and inserting "chapter 1 of the Education Consolidation and Improvement
 * Act of 1981";

(2) in subparagraph (A), by striking out "such title I" and ' inserting "such chapter 1"; and (3) in subparagraph (B), by striking out "section 222(a)(1) of '' the Economic Opportunity Act of 1964 and inserting "the Head Start Act".

20 USC 3801 et seq.

SEC. 14. NEEDS ANALYSIS.

42 USC 9801 note.

(1) in sections 475(c)(2), 475(c)(4), 475(d)(2), 476(b)(2), 476(c)(2), 477(b)(2), 477(c)(2), and 477(d), striking out "section 479" and 20 USC inserting "section 478"; 1087oo-1087qq. (2) in sections 475(c)(7) and 477(b)(7), by striking out "National"; (3) in sections 475(d)(2), 476(c)(2), and 477(c)(2), strike out "dislocated homemaker" and insert "displaced homemaker"; (4) by striking out the table contained in sections 475(d)(2)(C), 476(c)(2)(C), and 477(c)(2)(C) and inserting the following: "Adjusted Net Worth of a Business or Farm If the net worth of a business or farm is— Less than $1 $l-$60,000 $60,001-$180,000
 * Part F of title IV of the Act is amended—

Then the adjusted net worth is: $0 40 percent of NW $24,000 plus 50 percent of NW over $60,000

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 101 STAT. 350

PUBLIC LAW 100-50—JUNE 3, 1987 "Adjusted Net Worth of a Business or Farm—Continued Ifthe net wo^rthof^ business or $180,001-$300,000 $300,001 or more

.. s^

.

20 USC 1087OO, I087qq.

•'

20 USC I087rr.

..

29 USC 1651. 20 USC I087w.

$84,000 plus 60 percent of NW over $180,000 $156,000 plus 100 percent of NW over $300,000";

(5) in sections 475(d)(4)(B) and 477(c)(4)(B), by striking out "$15,000" and inserting "$15,999"; (6) in sections 475(d)(4)(C) and 477(c)(4)(C), by striking out "$15,000" each place it appears and inserting "$16,000"; (7) in section 475(d)(4)(D), by striking out "equal to or less than zero" and inserting "less than zero"; (8) in sections 475(e) and 477(d), insert a minus sign before "$3,409" each time it appears in the chart in each such section; (9) in section 475(g)(1)(C), by striking out "paragraph (3)" and inserting "paragraph (2)"; (10) in section 475(g)(3), by inserting after "following table" the following: "(or a successor table prescribed by the Secretary Under section 478)"; (11) in section 475, by striking out subsection (h) and inserting the following: "(h) STUDENT (AND SPOUSE) INCOME SUPPLEMENTAL AMOUNT FROM ASSETS.—The student (and spouse) supplemental income from

assets is determined by calculating the net assets of the student (and spouse) and multiplying the amount by 35 percent, except that in the case of a student who is a dislocated worker (certified in accordance with title III of the Job Training Partnership Act) or a displaced homemaker (as defined in section 480(e) of this Act), the net value of a principal place of residence shall be considered to be zero."; (12) in such section, by adding at the end thereof the following new subsection: "(i)

Then the adjusted net worth is:

ADJUSTMENTS FOR ENROLLMENT PERIODS OTHER THAN

9

MONTHS.—For periods of enrollment other than nine months, the parents' contribution from adjusted available income is determined as follows: "(1) For periods of enrollment less than 9 months, the parents' contribution from adjusted available income (determined in accordance with subsection (b)) is divided by 9 and the result multiplied by the number of months enrolled. "(2) For periods of enrollment greater than 9 months— "(A) the parents' adjusted available income (determined in accordance with subsection (b)(1)) is increased by the difference between the standard maintenance allowance (determined in accordance with subsection (c)(4)) for a family of four and a family of five, each with one child in college; "(B) the resulting revised parents' adjusted available income is assessed according to subsection (e) and adjusted according to subsection (b)(3) to determine a revised parents' contribution from adjusted available income;

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101 STAT. 351

"(C) the original parents' contribution from adjusted available income is subtracted from the revised parents' contribution from adjusted available income, and the result is divided by 12 to determine the monthly adjustment amount; and "(D) the original parents' contribution from adjusted available income is increased by the product of the monthly adjustment amount multiplied by the number of months greater than 9 for which the student will be enrolled."; (13) in section 476(b)(1)— (A) by striking out "subparagraph (B)" in subparagraph (C) and inserting "subparagraph (C)"; (B) by redesignating subparagraphs (B) and (C) as subparagraphs (C) and (D); and (C) by striking out everything preceding clause (i) of subparagraph (A) and inserting the following: "(A) adding the student's adjusted gross income and any income earned from work but not reported on a Federal income tax return, and subtracting excludable income (as defined in section 480); "(B) computing the student's available taxable income by deducting from the amount determined under subparagraph (A) - "; (14) in section 476(b)(2), by striking out "total taxable income" and inserting "total income"; (15) in section 476(b)(1)(C), by inserting after "section 480(c))" the following: "plus the amount of veterans' benefits paid during the award period under chapters 32, 34, and 35 of title 28, United States Code"; (16) in section 476(b)(4)— (A) by striking out "$8,900" each place it appears and inserting "$8,600"; and (B) by striking out "$6,230" and inserting "$6,020"; (17) in section 476(c)(1)— (A) by striking out the period at the end of subparagraph (C) and inserting a semicolon; and (B) by inserting at the end thereof (flush with the margin of paragraph (1)) the following: "except that the student's income supplemental amount from assets shall not be less than zero."; (18) in section 477(a)(1)— (A) by striking out "and" at the end of subparagraph (A); (B) by inserting "and" after the semicolon at the end of subparagraph (B); and (C) by inserting after such subparagraph the following: "(C) the amount of veterans' benefits to be paid during the award period under chapters 32, 34, and 35 of title 38, United States Code;"; (19) in section 477(b)(5)(A), by striking out "$2,000" and inserting "$2,100"; (20) in section 478(d)— (A) by inserting ", rounded to the nearest $100," after "present value cost"; (B) by inserting "of 40 and above" after "each age cohort"; and (C) by inserting after the second sentence the following: "For each age cohort below 40, the asset protection allow-

20 USC 1087pp.

20 USC I087w.

20 USC 1087qq.

20 USC I087rr.

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 101 STAT. 352

PUBLIC LAW 100-50—JUNE 3, 1987

i 3 /ifi; ance shall be computed by decreasing the asset protection V' 5 >'i[ allowance for age 40, as updated, by one-fifteenth for each year of age below age 40 and rounding the result to the nearest $100 "• 20 USC I087rr. (21) in section 478(c)(2), by striking out " '$26,000', '$91,000', and '$169,000'" and inserting '^'$24,000', '$84,000', and '$156,000'"; (22) in section 478(f), by striking out "Consumer Price Index for Wage Earners and Clerical Workers" and inserting in lieu thereof "Consumer Price Index for All Urban Consumers"; 20 USC 1087SS. (23) in section 479(a)— (A) by striking out "paragraph (2)" and inserting "subsec«ifc «c tion(b)"; (B) by striking out "families which" and inserting "famiu:? 3c lies (1) who"; and (C) by striking out "and which file a form 1040A pursuant to the Internal Revenue Code of 1954" and inserting "and (2) who file a form 1040A or 1040EZ pursuant to the In26 USC 1 et seq. ternal Revenue Code of 1986, or are not required to file pursuant to such Code"; ^,^^ (24) in section 479(b)— "*" '• (A) by striking out "and State" in paragraph (2); •,,,„,, (B) by striking out "and" at the end of paragraph (4); ' '""' (C) by striking out the period at the end of paragraph (5) •.;^; and inserting "; and"; and (D) by inserting after paragraph (5) the following new paragraph: State and local "(6) an allowance (A) for State and other taxes, as defined in governments. section 475(c)(2) for dependent students and in section 477(b)(2) for independent students with dependents, or (B) for State and 20 USC 1087OO, local income taxes, as defined in section 476(b)(2) for independ1087qq. 20 USC 1087pp. ent students without dependents."; (25) in section 479, by adding at the end thereof the following new subsection: "(c) SIMPLIFIED APPLICATION FORM,—The Secretary shall develop and use a simplified application form for families described in this section to qualify for the use of a simplified needs analysis."; 20 USC I087tt. (26) by striking out section 479A and inserting in lieu thereof the following:
 * V

,Tg(

DISCRETION OF STUDENT FINANCIAL AID ADMINISTRATORS

"SEC. 479A. (a) IN GENERAL.—Nothing in this title shall be interpreted as limiting the authority of the student financial aid administrator, on the basis of adequate documentation, to make necessary adjustments to the cost of attendance and expected student or parent contribution (or both) to allow for treatment of individual students with special circumstances. In addition, nothing in this title shall be interpreted as limiting the authority of the student financial aid administrator to use supplementary information about the financial status or personal circumstance of eligible applicants in selecting recipients and determining the amount of awards under subparts 1 and 2 of part A and parts B, C, and E of this title. "(b) ADJUSTMENTS TO ASSETS TAKEN INTO ACCOUNT,—A student

financial aid administrator shall be considered to be making a necessary adjustment in accordance with subsection (a) if—

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101 STAT. 353

—

"(1) the administrator determines, in his or her discretion, that the effective family income of the applicant is small in relation to— e- Ai V "(A) the net value of the principal place of residence; "(B) the net worth of a farm on which the family resides; hnr or "(C) the net worth of a family owned and operated small 3 H £ business; "(2) such administrator reduces or eliminates the amount of such net value or net worth that is subject to assessment in the computation of the expected family contribution of that applicant; and "(8) the administrator reports the amount of such adjust- Grants. ments made with respect to determinations for Pell Grants to the contractor or contractors processing applications for such grants for the award year. "(c) ASSET ADJUSTMENT AS EXAMPLE.—The asset adjustment described in subsection (b) is an example of the type of adjustment which financial aid administrators are authorized to make by subsection (a), and shall not be considered to be the only adjustment that is so authorized."; (27) by striking section 479B and inserting in lieu thereof the 20 USC 1087UU. following: "STUDENT ASSISTANCE AND OTHER FEDERAL PROGRAMS

479B. (a) ATTENDANCE COSTS NOT TREATED AS INCOME OR RESOURCES.—The portion of any student financial assistance received under this title, or under Bureau of Indian Affairs student assistance programs, that is made available for attendance costs described in subsection (b) shall not be considered as income or resources in determining eligibility for assistance under any other program funded in whole or in part with Federal funds. "(b) ATTENDANCE COSTS.—The attendance costs described in this subsection are— "(1) tuition and fees normally assessed a student carrying the same academic workload as determined by the institution, and including costs for rental or purchase of any equipment, materials, or supplies required of all students in the same course of study; and "(2) an allowance for books, supplies, transportation, and miscellaneous personal expenses for a student attending the institution on at least a half-time basis, as determined by the institution. "SEC.

" N A T IV E AMERICAN STUDENTS

"SEC. 479C. In determining family contributions for Native Amer- 20 USC ican students, computations performed pursuant to this part shall 1087UU-1. exclude— "(1) any income and assets of $2,000 or less per individual payment received by the student (and spouse) and student's parents under the Per Capita Act or the Distribution of Judgment Funds Act; and "(2) any income received by the student (and spouse) and student's parents under the Alaskan Native Claims Settlement Act or the Maine Indian Claims Settlement Act."; and 43 USC 1601 note; 25 USC (28) in section 480—

1721 note. 20 USC 1087w.

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 101 STAT. 354

PUBLIC LAW 100-50—JUNE 3, 1987 !

,. y

.,,

(A) by striking out "paragraphs (2) and (3)" in subsection (a)(1) and inserting "paragraphs (2) through (4)"; (B) by inserting before the period at the end of such subsection the following: "minus excludable income (as defined in subsection (f))"; (C) by striking out paragraph (2) of subsection (a) and inserting the following: "(2) In the computation of family contributions for the programs under subpart 2 of part A and parts B, C, and E of this title for any academic year, there shall be excluded from family income any proceeds of a sale of farm or business assets of that family if such sale results from a voluntary or involuntary foreclosure, forfeiture, or bankruptcy or an involuntary liquidation."; (D) by inserting at the end of subsection (a) the following: "(4) No portion of any student financial assistance received from any program by an individual shall be included as income in the computation of expected family contribution for any program funded in whole or in part under this Act."; (E) by striking out subsections (b) and (c) and inserting the following: "(b) UNTAXED INCOME AND BENEFITS OF PARENTS AND INDEPENDENT STUDENTS WITH DEPENDENTS.—The term 'untaxed income and

benefits' when applied to parent contributions or the contributions of independent students with dependents (including spouses) means— "(1) child support received; "(2) welfare benefits, including aid to families with dependent children under a State plan approved under part A of title IV of 42 USC 601. the Social Security Act and aid to dependent children; "(3) workman's compensation; "(4) veterans' benefits such as death pension, dependency and indemnity compensation, but excluding veterans' education benefits; "(5) interest on tax-free bonds; "(6) housing, food, and other allowances (excluding rent subsidies for low-income housing) for military, clergy, and others (including cash payments and cash value of benefits); "(7) cash support or any money paid on the student's behalf; "(8) the amount of earned income credit claimed for Federal income tax purposes; "(9) untaxed portion of pensions; "(10) credit for Federal tax on special fuels; "(11) the amount of foreign income excluded for purposes of Federal income taxes; "(12) untaxed social security benefits; "(13) payments to individual retirement accounts and Keogh accounts excluded from income for Federal income tax pur"'', poses; and "(14) any other untaxed income and benefits, such as Black Lung Benefits, Refugee Assistance, railroad retirement benefits, 29 USC 1501 or Job Training Partnership Act noneducational benefits. note. "(c) UNTAXED INCOME AND BENEFITS OF DEPENDENT STUDENTS OR INDEPENDENT STUDENTS WITHOUT DEPENDENTS.—For the purpose of this part, the term 'untaxed income and benefits' when applied to the contributions of dependent students or independent students without dependents means— "(1) child support received; - '
 * '^ "^M '

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101 STAT. 355

'^'

"(2) welfare benefits, including aid to families with dependent children under a State plan approved under part A of title IV of the Social Security Act and aid to dependent children; "(3) workman's compensation; "(4) veterans' benefits such as death pension, dependency and indemnity compensation, but excluding veterans' education ^ benefits; "(5) interest on tax-free bonds; "(6) housing, food, and other allowances (excluding rent sub' sidies for low-income housing) for military, clergy, and others (including cash payments and cash value of benefits); "• "(7) cash support or any money paid on the student's behalf; "(8) the amount of earned income credit claimed for Federal income tax purposes; "(9) untaxed portion of pensions; f "(10) credit for Federal tax on special fuels; "(11) the amount of foreign income excluded for purposes of ^ Federal income taxes; L "(12) untaxed social security benefits; ' "(13) payments to individual retirement accounts and Keogh ^ accounts excluded from income for Federal income tax purposes; and "(14) any other untaxed income and benefits, such as Black Lung Benefits, Refugee Assistance, railroad retirement benefits, or Job Training Partnership Act noneducational benefits."; (F) in subsection (d)(2)(F), by striking out "an annual total oo«> income" and by inserting in lieu thereof "annual total resources (including all sources of resources other than parents)"; and (G) by inserting after subsection (e) the following new 'P subsections: "(f) EXCLUDABLE INCOME.—The term 'excludable income' means— "(1) any unemployment compensation received by a dislocated r worker certified in accordance with title III of the Job Training Partnership Act; and "(2) any student financial assistance awarded based on need as determined in accordance with the provisions of this part, ^ including any income earned from work under part C of this title. "(g) ASSETS.—The term 'assets' means cash on hand, including the amount in checking and savings accounts, time deposits, money market funds, trusts, stocks, bonds, other securities, mutual funds, tax shelters, and the net value of real estate, income producing property, and business and farm assets. "(h) NET ASSETS.—The term 'net assets' means the current market value at the time of application of the assets included in the definition of 'assets', minus the outstanding liabilities or indebtedness against the assets.". SEC. 15. GENERAL PROVISIONS. Part G of title IV of the Act is amended— I (1) in section 481(c), by striking out "subsection (d) of this I section" and inserting in lieu thereof "section 484(d)"; (2) in section 482(b)— 1 (A) by striking out "or 442(e)" and inserting ", 442(e), or It 4620)"; and

91-194 O - 90 - 13: QL.3 Part 1

42 USC 601.

, „,, ^ ^ ^

AJ'V.

29 USC 1501 note. tn Q i

29 USC 1651.

20 USC 1088. 20 USC 1089.

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 101 STAT. 356

PUBLIC LAW 100-50—JUNE 3, 1987

(B) by striking out "and part C" and inserting ", part C, and part E"; 20 USC 1090. (3) in the second sentence of section 483(a)(1), by inserting "or institutions in which the students are enrolled or accepted for enrollment" after "that applicants"; (4) in the second sentence of such section 483(a)(1), by inserting before the period at the end thereof the following: "and on which the applicant shall clearly indicate a choice of lender"; ..^^, (5) in section 483(a)(2)— aT'ni,'; (^^ ^y striking out "not less than 3" and inserting "not " " ' less than 5"; and ilBi' ^^^ "^y adding at the end thereof the following: "The \^.Secretary shall not select new multiple data entry processors after the date of enactment of the Higher Education 20 USC 1001 Amendments Act of 1986, until the Advisory Commission note. on Student Financial Assistance has examined and made %, recommendations on the expansion of the number and kind ' of processors and its impact on students, has assessed and made recommendations on the relative cost of processing applications and development fees, and has examined and ^*^'^'[ made recommendations on the implementation of a •"^^^^^ standardized fee for the reimbursement of all processors by the Federal Government."; (6) in section 483— (A) by redesignating subsections (b) through (e) as subsecf'jftj: D80 es ^ tions (c) through (f), respectively; and " ' (B) by inserting after subsection (a) the following: Contracts. "(b) CERTIFICATION OF CAPABILITY.—Beginning with the 1988-1989 State and local processing year, the Secretary shall be authorized to enter into governments. agreements with institutions of higher education. States, or private organizations for the purpose of certifying the capability of their systems for determining expected family contributions under part F of this title."; 20 USC 1091. (7) in section 484— (A) in subsection (a)(1), by inserting before the semicolon .K'4' 08U:*S a comma and the following: "except as provided in subsection (b)(2)"; (B) in subsection (b), insert "(1)" before "In"; f ^ ' (C) in subsection (b), by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively; and •9(1 J (D) by inserting at the end of subsection (b) the following v'9A new paragraph: "(2) A student who— "(A) is carrying at least one-half the normal full-time work load for the course of study that the student is pursuing, as Ifj' determined by an eligible institution, and "(B) is enrolled in a course of study necessary for enrollment in a program leading to a degree or certificate, shall be, notwithstanding paragraph (1) of subsection (a), eligible to apply for loans under part B of this title. The eligibility describe^ in this paragraph shall be restricted to one 12-month period."; " " (8)(A) in section 484(d)— 81^01 3&U0ii Mfii lo ! (i) by striking out "or" at the end of paragraph (1); and (ii) by striking out paragraph (2) and inserting in lieu € 01'38U Oi; thereof the following: to,' "(2) be counseled prior to admission and be enrolled in and successfully complete the institutionally prescribed program of

iir,H.:l9

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 PUBLIC LAW 100-50—JUNE 3, 1987

101 STAT. 357

remedial or developmental education not to exceed one academic year or its equivalent; or "(3)(A) be administered a nationally recognized, standardized, or industry developed test, subject to criteria developed by the appropriate accrediting association, measuring the applicant's -J aptitude to complete successfully the program to which the "•^ applicant has applied; and "(B) with respect to applicants who are unable to satisfy the
 * '^ institutions' admissions testing requirements specified in

'*'^ subparagraph (A), be enrolled in and successfully complete an institutionally prescribed program or course of remedial or developmental education not to exceed one academic year or its equivalent."; (B) in section 484(d), by adding at the end thereof the follow' ing new sentence: "In order to be eligible for assistance a student cannot be enrolled in either an elementary or a secondary school."; (9) in section 484(f), by adding at the end thereof the following new sentence: "In carrying out the provisions of this subsection no eligible institution shall be required to verify more than 30 "^ percent of such applicants in any award year."; (10) in section 4850t)), by inserting "(other than loans made pursuant to section 428B)" after "part B of this title"; (11) in section 485(d), by inserting after the second sentence the following: "In addition, such information shall include information to enable borrowers to assess the practical consequences of loan consolidation, including differences in deferment eligibility, interest rates, monthly payments, and finance charges, and samples of loan consolidation profiles to jj fj illustrate such consequences."; (12) in section 485A(a), by striking out "clause (i), (ii), or (iii)" and inserting "subparagraph (A), (B), or (C)"; Hi (13) in section 485B— (A) by striking out "Federal agencies" in subsection (b)(1) and inserting "public agencies"; (B) by striking out "of a borrower for whom the guaranty agency provides insurance" in subsection (b)(2)(D) and inserting "of any borrower"; and (C) by striking out "Federal agency" in subsection (b)(3) and inserting "public agency"; (14) in section 488, by striking out "or 446" and inserting "or 442"; (15) in the second sentence of section 489(a), by striking out "section 448" and inserting in lieu thereof "section 447";' (16) in section 491(b), by adding at the end thereof the followDf ing new sentence: "The Secretary's authority to terminate advisory committees of the Department pursuant to section 448(b) of the General Education Provisions Act ceased to be effective on June 23, 1983."; (17) in section 491(i), by striking out "An amount, not to exceed $500,000 in any fiscal year" and inserting in lieu thereof "In each fiscal year not less than $500,000"; and (18) in section 491, by adding at the end thereof the following new subsection: (j) SPECIAL INSTITUTIONAL LENDER STUDY.—

MOi •)«(j(ii;

20 USC 1091.

20 USC 1092. Ante, p. 343. Loans.

20 USC 1092a. 20 USC 1092b.

20 USC 1095.' O S 20 USC 1096. 20 USC 1098. 20 USC 1233g.

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 101 STAT. 358

PUBLIC LAW 100-50—JUNE 3, 1987

"(1) The Advisory Committee shall conduct a thorough study of institutional lender policy. In carrying out the study, the Advisory Committee shall examine, but not be limited to— "(A) the relevance and current applicability of the institutional lender criteria established in section 435(d); 20 USC 1085. "(B) the appropriateness of using default rates for loans made under part E or other institutional criteria to deter* mine institutional participation; "(C) whether or not a portion or all of any special allowance or other payments paid to institutional lenders should benefit need-based scholarship or grant programs; "(D) whether or not institutional lenders should be reail " . quired to hold loans made to eligible borrowers through Jew-OBIJ O -woffc graduation or termination of matriculation; S "(E) examine the extent and degree to which student access to loan capital would be adversely affected by the m • restrictions contained in section 435(d)(2); and "(F) assess the potential impact on State secondary marW kets and lender portfolios if student borrowers at higher cost colleges and universities, who come from higher ' " income families, concentrate their lending with a few large lenders and secondary markets. "(2) The Advisory Committee shall consult with the Committee on Education and Labor of the House of Representatives and the Committee on Labor and Human Resources of the Senate in carrying out the study required by this subsection. Reports. "(3) The Advisory Committee shall, not later than 2 years after the date of enactment of the Higher Education Technical Amendments Act of 1987, prepare and submit to the Committee on Education and Labor of the House of Representatives and the Committee on Labor and Human Resources of the Senate a report of the study required by this section.". sum ^oiMi

iij a

20 USC 1109.

20 USC 1109a. 20 USC 1109b.

.gftOl vBU OS

•JOv

SEC. 16. LEADERSHIP IN EDUCATIONAL ADMINISTRATION MENT.

DEVELOP-

Subpart 2 of part C of title V of the Act is amended— (1) in the matter preceding paragraph (1) of section 541(b), by striking out "contractors" and inserting in lieu thereof "grantees"; (2) in section 542, by striking out "for any fiscal year" and inserting "for fiscal year 1987 or any succeeding fiscal year"; (3) in section 543— (A) in subsection (a)— (i) in the subsection heading, by striking out "CONtuo TRACTS" and inserting in lieu thereof "GRANTS"; and (ii) by striking out "enter into contracts with" and ••%' inserting in lieu thereof "award grants to"; (B) in subsection (b)— (i) in the subsection heading, by striking out "CONTRACT" and inserting in lieu thereof "GRANT"; (ii) in the matter preceding paragraph (1), by striking out "contract entered into" and inserting in lieu thereof "grant awarded"; and (iii) by striking out "contractor" each place it appears and inserting in lieu thereof "grantee"; and (C) in subsection (c)—..,,i^^..«r„.,..,^^,...*., r,.,..„.,

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 PUBLIC LAW 100-50—JUNE 3, 1987

101 STAT. 359

(i) in the subsection heading, by striking out "CONP J. * TRACTORS" and inserting in hea thereof "GRANTEES"; i;v;• i and (ii) by striking out "contract" and inserting in lieu thereof "grant"; (4) in section 544— 20 USC il09c. (A) in the section heading, by striking out "CONTRACTS" 13./ and inserting in lieu thereof "GRANTS"; (B) in subsection (a), by striking out "CONTRACT" and mu "contract" each place they appear and inserting in lieu ^ thereof "GRANT" and "grant", respectively; and ^d (C) in subsection (b), by striking out "CONTRACT", "con'-• 02 tract", and "contractor" each place they appear and inserting in lieu thereof "GRANT", "grant", and "grantee", ao respectively; and (5) in section 545— 20 USC 1109d. (A) by striking out "and" at the end of paragraph (1); (B) by striking out the period at the end of paragraph (2) and inserting "; and"; and (C) by adding at the end thereof the following: •ssri:jau.« "(3) the term 'State' includes, in addition to the several States of the Union, the Commonwealth of Puerto Rico, the District of Columbia, Guam, American Samoa, the Virgin Islands, the Commonwealth of the Northern Mariana Islands, and the Trust Territory of the Pacific Islands.". SEC. 17. CONGRESSIONAL TEACHER SCHOLARSHIP PROGRAM. (a) DESIGNATION OF CONGRESSIONAL TEACHERS' SCHOLARSHIPS.—

(1) section 551 of the Act is amended by inserting "(a) PUR- 20 USC iin. POSE.—" after the section designation; (2) by striking out the second sentence of such section; and (3) by adding at the end thereof the following new subsection: "(b) DESIGNATION.—Scholarships awarded under this subpart 20 USC 11 lib.)s shall be referred to as the 'Paul Douglas Teacher Scholarships'.". (b) APPLICATIONS.—Section 553 of the Act is amended— (1) in subsection (a), by striking out "section 546" and inserting "section 551"; (2) in subsection (b)(4)(A)— (A) by striking out "elementary or" and inserting "preschool, elementary school, or"; (B) by inserting "or private nonprofit" immediately iS*.; before "education program in any State"; and (C)(i) by inserting "or" after "State," the first time it appears; and (ii) by striking out "or, on a full-time basis handicapped D8 U.S children or children with limited English proficiency in a private nonprofit school,"; and (3) in subsection (b)(4)(B), by striking out "section 557" and „,.», inserting "section 556". (c) REPAYMENT PROVISION.—Section 557 of the Act is amended by 20 USC liiif. inserting after "interest" the following: "(but in no event at an interest rate higher than the rate applicable to loans in the applicable period under part B of this title)". (d) EXCEPTIONS TO REPAYMENT.—Section 558(a)(6) of the Act is

amended by inserting before the semicolon the following: "for a single period not to exceed 27 months".

20 USC ling.

--^ 0^

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 PUBLIC LAW 100-50—JUNE 3, 1987

101 STAT. 360 20 USC 1122.

SEC. 18. LANGUAGE AND AREA CENTERS. Section 602(b)(l)(B) of the Act is amended by striking out "in a program of competency-based training," immediately after "in a program of competency-based language training,". SEC. 19. ACADEMIC FACILITIES.

20 USC 1132a. 20 USC 1132a-l. 20 USC 1132d. 20 USC 1132d-2.

M Li

Title VII of the Act is amended— (1) in section 701(b), by inserting "part A or B o f after "grants under"; (2) in section 702(a), by inserting at the end thereof a comma and the following: "or for a preceding fiscal year"; (3) in the matter preceding paragraph (1) in section 731(a) by striking out "and insure"; (4) in section 733— (A) in the section heading, by striking out "AND INSURANCE"; and

.{{); 20 USC 1132g-3.

20 USC 1132i-l.

20 USC 1134h.

(B) in subsection (a) by striking out "and insuring"; (5) in section 764(c)(1), by inserting "at least a two-year program acceptable for full credit toward" immediately before "a baccalaureate degree"; and (6) in section 782(1)(B)— (A) by striking out "section 724" and inserting "section 701", and 4„,„, (B) by striking out "section 843" and inserting "section SEC. 20. JACOB K. JAVITS FELLOWS PROGRAM., ^ ^,. ip...?n.;^r.r>? t nnP. Part C of title IX of the Act is amended— (1) by striking out the heading of section 931 and inserting the following: OH.

AWARD OP JACOB K. JAVITS FELLOWSHIPS 20 USC 11341.

20 USC 1134J.

(2) in section 932(a)(1), by striking out "National Graduate" and inserting "Jacob K. Javits"; (3) in section 932(a)(2)(C), by striking out "directing" and inserting "selecting"; and (4) in section 93303)(1), by striking out the period at the end thereof and inserting in lieu thereof a comma and "except that such amount charged to a fellowship recipient and collected from such recipient for tuition and other expenses required by the institution as part of the recipient's instructional program shall be deducted from the payment to the institution under this subsection.". islte T sriitis?./ SEC. 21. GENERAL PROVISIONS.

20 USC 1141. Ante, p. 356.

(a) TECHNICAL AMENDMENT.—Section 1201(a) of the Act is amended by striking out "have the ability to benefit from the training offered by the institution" and inserting in lieu thereof "meet the requirements of section 484(d) of this Act'. (b) PEER REVIEW PROCESS.—Title XII of the Act is amended by

20 USC 1145e.

redesignating section 1210 as section 1211, and by adding after section 1209 the following new section: APPLICATION OF PEER REVIEW PROCESS

20 USC li45d-l.

"SEC. 1210. All applications submitted under the provisions of this Act which require peer review shall be read by a panel of readers

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 PUBLIC LAW 100-50—JUNE 3, 1987

101 STAT. 361

composed of individuals selected by the Secretary which shall include outside readers who are not employees of the Federal Government. The Secretary shall ensure that no individual assigned under this section to review any application has any conflict of interest with regard to that application which might impair the impartiality with which that individual conducts the review under this section.'. SEC. 22. EFFECTIVE DATES OF THE HIGHER EDUCATION AMENDMENTS OF 1986.

(a) SEOG ALLOCATION.—Section 401(b) of the Higher Education Amendments of 1986 is amended— (1) by redesignating paragraph (6) as paragraph (7); and „.,;4 (2) by inserting after paragraph (5) the following new paragraph: "(6) The changes made in section 413D of the Act shall apply with respect to the allocation of funds for the academic year 1988-1989 and succeeding academic years.". (b) GSL AMENDMENTS.—Section 402(b) of such Amendments is amended— (1) by striking out paragraph (2) and inserting the following: "(2) the changes in sections 427(a)(2)(C) and 428(b)(l)(M) of the Act (other than clauses (viii), (ix), and (x) of each such section) shall apply only to loans to new borrowers that (A) are made to cover the cost of instruction for periods of enrollment beginning on or after July 1, 1987; or (B) are disbursed on or after July 1, 1987;"; (2) in paragraphs (3) and (4), by inserting "disbursed on or after January 1, 1987, or" after "only to loans"; and (3) in paragraph (7), by inserting "disbursed on or after 30 days after the date of enactment of this Act or" after "with respect to loans". (c) CWS AMENDMENTS.—Section 403(b) of such Amendments is amended by striking out "(b) EFFECTIVE DATE.—" and inserting in lieu thereof the following: "(b) EFFECTIVE DATES.—(1) Section 442 of the Act shall apply with respect to the allocation of funds for academic year 1988-1989 and succeeding academic years. "(2)". (d) NDSL AMENDMENTS.—Section 4050^) of such Amendments is amended— (1) by inserting "and section 463A" after "Section 463(a)(9)" in paragraph (2); (2) by redesignating paragraphs (1), (2), and (3) as paragraphs (2), (3), and (4), respectively; and (3) by inserting after the subsection heading the following: "(1) Section 462 of the Act shall apply with respect to academic year 1988-1989 and succeeding academic years.".

irfjiii;: ^ i; o s

i&}l OfcU O K 20 USC note. 20 USC note. 20 USC note. 20 USC

1070a-l 1070d-lb 1070b-3 1070b-3.

20 USC 1071 note.

noiJonqoiqqA .j"ioi;ifx«horftoe

I mi 'ym os

42 USC 2753 note. 42 USC 2752 note.

42 USC 2753 note. 20USei087dd note.

20 USC 1087bb.

(e) EFFECTIVE DATE OF CERTAIN NEED ANALYSIS PROVISIONS.—

Section 406(b) of such Amendments is amended— (1) by striking out "paragraphs (2) and (3)" in paragraph (1) and inserting "paragraphs (2) through (4)"; , (2) by redesignating paragraph (4) as paragraph (5); and (3) by inserting after paragraph (3) the following new paragraph: "(4) Section 479B of the Act (as so added) shall apply with respect to financial assistance provided for any academic year beginning after such date of enactment.".

20 USC 1087kk note. 20 USC 1087w note. Ante, p. 353. 20 USC 1087kk note.

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 101 STAT. 362

PUBLIC LAW 100-50—JUNE 3, 1987 (f) SUNSET FOR DISCLOSURE OF FOREIGN GIFTS.—Section 1206(b) of

20 USC 1145d note.

such Amendments is amended by striking out "section 1208" and inserting "section 1209". SEC. 23. EDUCATION ADMINISTRATION.

20 USC 1091 note. 20 USC 1121 note. 20 USC 1221e-l note.

IVij.

•rfoj-;

Appropriation authorization.

20 USC 1011 note.

100 Stat. 1583. • ~ " - ~ " ' * * -

Loans. 20 USC 1071 note.

20 USC 1078-3. 20 USC 1221-1 note. contracts. 3la?i; srvV^i^i

Title XIII of the Higher Education Amendments of 1986 is amended— (1) in section 1301, by striking out "section 484(d)" and inserting "section 484(c)"; (2) in section 1302(b)(1), by striking out "this title" and inserting "title VI of the Act"; (3) in section 1303— ^'^' (A) by striking out "shall, through the Office of Education Research and Improvement or the Center for Education Statistics," in subsection (a) and inserting ", through the Office of Educational Research and Improvement,"; (B) by striking out "the Department of Education," in 81 8 subsection (b)(3); ..:,. (C) by striking out "Resources," in such subsection and inserting "Resources"; and (D) by adding at the end thereof the following: "(0 There are authorized to be appropriated $2,700,000 for the fiscal year 1987 and for each of the 2 succeeding fiscal years to carry out the provisions of this section."; (4) in section 1304— (A) by striking out "of this title" in subsection (a) and "iif 1 inserting "of title I of the Act"; (B) by inserting "the provision o f before "an information network" in subsection (b)(2); (C) by striking out "under this title" in subsection (c) and inserting "under this section"; and '' (D) by striking out "purposes of this title" in such subsection and inserting "purposes of title I of the Act"; •fliv- (5) in section 1307— (A) by striking out "$2,700,000" and inserting in lieu bm thereof "$1,000,000"; and (B) by striking out "this part" and inserting in lieu thereof "sections 1301 and 1302"; (6) in section 1314 by adding at the end thereof the following new sentence: "Nothing in this section shall be interpreted to authorize the Secretary to require lenders, holders, or guarantors to maintain or report records relating to the loans discharged by borrowers in receiving a consolidation loan pursuant to section 428C of the Act."; and (7) in section 1341, by striking out subsection (b) and inserting in lieu thereof the following: (b) "(1 REPORT REQUIRED.—Not later than one year after the date of entering into a contract with the Department of Education for the study described in this section, the National Academy of Sciences shall prepare and submit to the Congress a report, together with a description of programs on the use of volunteers and with such recommendations as deemed appropriate.". SEC. 24. GENERAL EDUCATION PROVISIONS ACT.

(a) EDUCATIONAL RESEARCH.—Section 405(g)(1)(C) of the General 20 USC 1221e.

Education Provisions Act is amended to read as follows:

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 PUBLIC LAW 100-50—JUNE 3, 1987

101 STAT. 363

"(C) not less than $5,700,000 shall be available in each fiscal year to assist a separate system of 16 education resources information clearinghouses (including direct supporting dissemination services) pursuant to subsection (d)(3)(A) of this section, having the same functions and scope of work as the j; clearinghouses had on the date of enactment of the Higher Education Amendments of 1986;". 20 USC lOOl (b) EDUCATION STATISTICS.—Section 406(e)(1) of the General Edu- note. cation Provisions Act is amended by adding at the end thereof the 20 USC I22le-1. following new sentence: "All funds received in payment for work or services described in this paragraph shall be deposited in a separate account which may be used to pay directly the costs of such work or services, to repay appropriations which initially bore all or part of such costs, or to refund excess sums when necessary.". SEC. 25. UNITED STATES INSTITUTE OF PEACE.

Section 1703 of the United States Institute of Peace Act is 22 USC 4604. amended by inserting after "(3)" the following: "establish a Jeannette Rankin Research Program on Peace to". SEC. 26. EXEMPTION FROM CERTAIN PROVISIONS OF LAW.

The parties to the term loan and security agreement dated March 3, 1986, as amended, pursuant to which up to $21,000,000 of loans will be made to students and parents of students at a university located in California by a branch of a foreign bank located in New York shall, with respect to loans made on or before February 20, 1987, and the transactions relating thereto under such term loan and security agreement, be deemed not to be in violation of the provisions of sections 435(d)(5)(A) and 490(c) of the Higher Education Act of 1965. SEC. 27. EFFECTIVE DATE OF TECHNICAL AMENDMENTS.

Loans. Contracts. California.

20 USC 1085, 1097.

The amendments made by this Act shall take effect as if enacted 20 USC 1001 note. as part of the Higher Education Amendments of 1986. Approved June 3, 1987.

LEGISLATIVE HISTORY—H.R. 1846: HOUSE REPORTS: No. 100-44 (Comm. on Education and Labor). CONGRESSIONAL RECORD, Vol. 133 (1987): Apr. 21, considered and passed House. May 19, considered and passed Senate, amended. May 20, House concurred in Senate amendment.

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 101 STAT. 364

PUBLIC LAW 100-51—JUNE 16, 1987

Public Law 100-51 * ^ '^^ •» ^^^^^'^^^ - ''' ^" ^ ' ^^^" ' ' 100th Congress - '-'•' '-^ ^^^^^^-^ ^ -i^>^4 • ^^^^c gjji >j f Joint Resolution June 16, 1987 [H.J. Res. 280]

To observe the 300th Commencement exercise at the Ohio State University on June 12, 1987.

Whereas the Ohio State University's 300th Commencement cere.i~9ji?2i « • -.a mony is scheduled for June 12, 1987; Whereas the 300th Commencement is of particular significemce and honor to the rich heritage of the University; Whereas this very special occasion in the life of the Ohio State University should be observed with all appropriate and due celebration of academic excellence; and Whereas this landmark event commemorates a truly historic occasion for the University, its faculty, staff, and students, and its ,|v0i^'.O8UH£ 260,000 proud alumni nationwide: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That— (1) the date June 12, 1987, is observed on the occasion of the 300th Commencement exercise at the Ohio State University, and ^' (2) the President is authorized and requested to issue a proclamation calling on the people of the United States to commemorate this date with appropriate programs, ceremonies, and activities. .580ir>3U0i:

Approved June 16, 1987, "

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b ^; J a i y t 3 l j 8fi J D S R S 93fBi'"•

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LEGISLATIVE HISTORY—H.J. Res. 280: CONGRESSIONAL RECORD, Vol. 133 (1987): May 21, considered and passed House. June 3, considered and peissed Senate.
 * Af 5? H-YHty^?:iH ^f'/ITA.'PllOSJ

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Page:United States Statutes at Large Volume 101 Part 1.djvu/395

 PUBLIC LAW 100-52—JUNE 16, 1987

101 STAT. 365

Public Law 100-52 100th Congress Joint Resolution Designating June 14, 1987, as "Baltic Freedom Day".

Whereas the people of the Baltic Republics of Lithuania, Latvia, and Estonia have cherished the principles of religious and political freedom and independence; Whereas the Baltic Republics have existed as independent, sovereign nations belonging to and fully recognized by the League of Nations; and Whereas the people of the Baltic Republics have individual and separate cultures, national traditions, and languages distinctively foreign to those of Russia; Whereas the Union of the Soviet Socialist Republics (U.S.S.R.) in 1940 did illegally seize and occupy the Baltic Republics and by force incorporate them against their national will and contrary to their desire for independence and sovereignty into the U.S.S.R.; Whereas the U.S.S.R. since 1940 has systematically removed native Baltic peoples from their homelands by deporting them to Siberia and caused great masses of Russians to relocate in the Baltic Republics, thus threatening the Baltic cultures with extinction; Whereas the U.S.S.R. has imposed upon the captive people of the Baltic Republics an oppressive political system which has destroyed every vestige of democracy, civil liberties, and religious freedom; Whereas the people of Estonia, Latvia, and Lithuania find themselves today subjugated by the U.S.S.R., locked into a union they deplore, denied basic human rights, and persecuted for daring to protest; Whereas the U.S.S.R. refuses to abide by the Helsinki accords which the U.S.S.R. voluntarily signed; Whereas the United States stands as a champion of liberty, dedicated to the principles of national self-determination, human rights, and religious freedom, and opposed to oppression and imperialism; Whereas the United States, as a member of the United Nations, has repeatedly voted with a majority of that international body to uphold the right of other countries of the world, including those in Africa and Asia, to determine their fates and be free of foreign domination; and

June 16, 1987 [S.J. Res. 5]

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 101 STAT. 366

PUBLIC LAW 100-52—JUNE 16, 1987

Whereas the U.S.S.R. has steadfastly refused to return to the people of the Baltic States of Latvia, Lithuania, and Estonia, the right to exist as independent republics separate and apart from the U.S.S.R. or permit a return of personal, political, and religious freedoms: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the Congress of the United States recognizes the continuing desire and the right of the people of Lithuania, Latvia, and Estonia for freedom and independence from the domination of the U.S.S.R., deplores the refusal of the U.S.S.R. to recognize the sovereignty of the Baltic Republics and to yield to their rightful demands for independence from foreign domination and oppression and that the fourteenth day of June 1987, the anniversary of the mass deportation of Baltic peoples from their homelands in 1941, be designated "Baltic Freedom Day" as a symbol of the solidarity of the American people with the aspirations of the enslaved Baltic people and that the President of the United States be authorized and requested to issue a proclamation for the observance of Baltic Freedom Day with appropriate ceremonies and activities. Approved June 16, 1987.

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LEGISLATIVE HISTORY—S.J. Res. 5: CONGRESSIONAL RECORD, Vol. 133 (1987): Mar. 20, considered and passed Senate. June 11, considered and passed House.

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Page:United States Statutes at Large Volume 101 Part 1.djvu/397

 PUBLIC LAW 100-53—JUNE 18, 1987

101 STAT. 367

Public Law 100-58 100th Congress An Act To amend title 5, United States Code, to provide enhanced retirement credit for j^. United States magistrates.

June 18, 1987 [H.R. 1947]

Be it enacted by the Senate and House of Representatives of the Magistrates' United States of America in Congress assembled, SECTION 1. SHORT TITLE.

This Act may be cited as the "Magistrates' Retirement Parity Act of 1987".

Retirement Parity Act of 1987. 5 USC 8331 note.

SEC. 2. ANNUITIES UNDER THE CIVIL SERVICE RETIREMENT SYSTEM.

(a) DEFINITIONS.—Section 8331 of title 5, United States Code, is amended— (1) by amending paragraph (22) to read as follows: "(22) 'bankruptcy judge' means an individual— "(A) who is appointed under section 34 of the Bankruptcy Act (11 U.S.C. 62) or under section 404(d) of the Act of %^ November 6, 1978 (Public Law 95-598; 92 Stat. 2549), and— 28 USC note "(i) who is serving as a United States bankruptcy prec. 151. r: judge on March 31, 1984; or '^ "(ii) whose service as a United States bankruptcy ',r judge at any time in the period beginning on October 1, " ^ 1979, and ending on July 10, 1984, is terminated by reason of death or disability; or "(B) who is appointed as a bankruptcy judge under secf tion 152 of title 28;"; (2) by striking out "and" at the end of paragraph (23); '"^ (3) by striking out the period at the end of paragraph (24) and ^' inserting in lieu thereof "; and"; and (4) by adding at the end the following new paragraph: "(25) 'magistrate' or 'United States magistrate' means an individual appointed under section 631 of title 28.". 03) DEDUCTIONS, CONTRIBUTIONS, AND DEPOSITS.—Section 8334 of title 5, United States Code, is amended— (1) in subsection (a)(1)— (A) by striking out "and" after "Member" and inserting in lieu thereof ", a United States magistrate,"; and (B) by inserting a comma after "Military Appeals"; and (2) in subsection (c), by inserting at the end of the table the following:

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text:
Page:United States Statutes at Large Volume 101 Part 1.djvu/398

 101 STAT. 368

PUBLIC LAW 100-53—JUNE 18, 1987 "United States magistrate

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August 1, 1920, to June 30, 1926. July 1, 1926, to June 30, 1942. July 1, 1942, to June 30, 1948. July 1, 1948, to October 31,

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November 1, 1956, to December 31, 1969. January 1, 1970, to September 30, 1987. After September 30, 1987.".

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(c) IMMEDIATE RETIREMENT.—Section 8336(k) of title 5, United States Code, is amended to read as follows: "(k) A bankruptcy judge or United States magistrate who is separated from service, except by removal, after becoming 62 years of age and completing 5 years of civilian service, or after becoming 60 years of age and completing 10 years of service as a bankruptcy judge or United States magistrate, is entitled to an annuity.". (d) COMPUTATION OF ANNUITY.—Section 8339(n) of title 5, United States Code, is amended to read as follows: "(n) The annuity of an employee who is a bankruptcy judge or United States magistrate is computed, with respect to service as a referee in bankruptcy, as a bankruptcy judge, as a United States magistrate, and as a United States commissioner and with respect to the military service of any such individual (not exceeding 5 years) creditable under section 8332 of this title, by multiplying 2^/^ percent of the individual's average pay by the years of that service.".

5 USC 8331 note.

SEC. 3. EFFECTIVE DATE.

5 USC 8301 et

This Act shall take effect on October 1, 1987, and shall apply to bankruptcy judges and United States magistrates in office on that date and to individuals subsequently appointed to such positions to whom chapter 83 of title 5, United States Code, otherwise applies.

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LEGISLATIVE HISTORY—H.R. 1947: CONGRESSIONAL RECORD, Vol. 133 (1987): May 27, considered and passed House. June 3, considered and passed Senate.

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Page:United States Statutes at Large Volume 101 Part 1.djvu/399

 PUBLIC LAW 100-54—JUNE 18, 1987

101 STAT. 369

Public Law 100-54 100th Congress Joint Resolution Recognizing the service and contributions of the Honorable Wilbur J. Cohen.

Whereas the Congress mourns the loss of the Honorable Wilbur J. Cohen, a great humanitarian who was a compassionate spokesman, advocate, and champion of the poor and the common people; Whereas Wilbur J. Cohen was a participant and author in the creation of all social legislation in this country over the past five decades; Whereas Wilbur J. Cohen had a distinguished career in the Federal Government from 1935-1956, including being the 1st employee of the Social Security Board and the director of the office of research and statistics; Whereas Wilbur J. Cohen held the posts of the Assistant Secretary, Under Secretary, and Secretary of the Department of Health, Education, and Welfare under the Kennedy and Johnson Administrations; Whereas Wilbur J. Cohen had an additional distinguished career as a professor, while only holding a Bachelor's degree, at the University of Michigan at Ann Arbor and at the University of Texas at Austin; Whereas Wilbur J. Cohen was the principal architect of the Medicare/Medicaid amendments of 1965; Whereas, in the last weeks of his life, Wilbur J. Cohen saw pending catastrophic legislation as a vehicle for expanding all aspects of health care, including prevention, home care, and nursing home coverage, in addition to long-term hospitalization coverage; and Whereas, in the last 52 years as a public and private citizen, Wilbur J. Cohen effectively advocated for expansion of social insurance: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the Honorable Wilbur J, Cohen, champion of social insurance, architect of Social Security, disability insurance, Medicare and Medicaid, mental

June 18, 1987 [H.J. Res. 283]

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Page:United States Statutes at Large Volume 101 Part 1.djvu/400

 101 STAT. 370

PUBLIC LAW 100-54—JUNE 18, 1987

health legislation, children's programs, and civil rights legislation, is recognized for outstanding service and contributions for the development of a social insurance system that provides vital health and social services to all Americans regardless of their age, sex, race, creed, or national origin. Approved June 18, 1987. »^' - 'J s-^ •*;, « n-^^-^a-Ji'J ^-^

LEGISLATIVE HISTORY—H.J. Res. 283: CONGRESSIONAL RECORD, Vol. 133 (1987): May 27, considered and passed House. June 3, considered and passed Senate.

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text:
Page:United States Statutes at Large Volume 101 Part 1.djvu/401

 PUBLIC LAW 100-55—JUNE 19, 1987

101 STAT. 371

Public Law 100-55 100th Congress

^ An Act

To prohibit the imposition of an entrance fee at the Statue of Liberty National Monument, and for other purposes.

June 19, 1987 [S. 626]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, notwithstand- 16 USC 460/-6a ing any other provision of law, after the date of enactment of this ^°Act, the Secretary of the Interior shall not charge any entrance or admission fee at the Statue of Liberty National Monument, New Jersey and New York. Approved June 19, 1987.

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LEGISLATIVE HISTORY—S. 626: HOUSE REPORTS: No. 100-136 (Comm. on Interior and Insular Affairs). SENATE REPORTS: No. 100-32 (Comm. on Energy and Natural Resources). CONGRESSIONAL RECORD, Vol. 133 (1987): Apr. 7, considered and passed Senate. June 8, considered and passed House.

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Page:United States Statutes at Large Volume 101 Part 1.djvu/402

 101 STAT. 372

PUBLIC LAW 100-56—JUNE 23, 1987

Public Law 100-56 100th Congress

3<^-001 WAJ idiS aaaigfioD irOOl Joint Resolution

June 23, 1987 [H.J. Res. 106]

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To designate June 19, 1987, as "American Gospel Arts Day".

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Whereas Gospel music is an American art, a product of the fusion of the African and European cultures; Whereas Gospel music is the forerunner of popular music in America; Whereas Gospel music, as an art form, is an important part of our cultural heritage; Whereas the black American church community, in which Gospel music has its roots, has historically been a source for peaceful social change and a positive influence in all communities; Whereas it is in the national interest to preserve Gospel music as an American art form, and promote recognition of the Gospel heritage; and Whereas June 19 is traditionally observed in the black community as a special day of appreciation for black American cultural heritage and civil rights: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled. That June 19, 1987, is hereby designated "American Gospel Arts 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 ceremonies and activities. Approved June 23, 1987.

LEGISLATIVE HISTORY—H.J. Res. 106: CONGRESSIONAL RECORD, Vol. 133 (1987): June 2, considered and passed House. June 16, considered and passed Senate.

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Page:United States Statutes at Large Volume 101 Part 1.djvu/403

 PUBLIC LAW 100-57—JUNE 25, 1987 Public Law 100-57 100th Congress

101 STAT. 373 f

Joint Resolution To designate the third week in June 1987 as "National Dairy Goat Awareness Week".

Whereas United States goat cheeses are in demand by consumers and replacing imported cheeses; Whereas due to the efficiency of the modern domestic dairy goat, which produces an excellent healthful milk, the dairy goat is becoming increasingly popular and useful on our Nation's family farms; Whereas United States farmers have developed a dairy goat that produces superior milk and that is sought after and exported worldwide; and Whereas there is a need to further educate consumers as to the high nutritional value of products made from goats' milk: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That— (1) the period beginning the second Saturday, and ending the third Saturday, of June 1987 is designated as "National Dairy Goat Awareness Week"; and (2) the President is authorized and requested to issue a f ^' proclamation calling on the people of the United States to Approved June 25, 1987.
 * ^' commemorate such week with appropriate programs, ceremonies, and activities.

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LEGISLATIVE HISTORY-H.J. Res. 17: CONGRESSIONAL RECORD, Vol. 133 (1987): June 10, considered and passed House. June 16, considered and passed Senate.

June 25, 1987 [H.J. Res. 17]

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Page:United States Statutes at Large Volume 101 Part 1.djvu/404

 101 STAT. 374

PUBLIC LAW 100-58—JUNE 25, 1987

Public Law 100-58 100th Congress

,,.,„^ ,clf Joint Resolution

June 25, 1987 [H.J. Res. 178]

< 4*i..w ««.,_,. Designating June 25, 1987, as "National Catfish Day".

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Whereas catfish comprised the third highest volume of finned fish consumed in the United States in 1986; Whereas 99 percent of all catfish consumed in the United States are now farm-raised catfish; Whereas the farm-raised catfish is not like its bottom-feeding ancestors, but is surface-fed soybean meal, corn, fish meal, vitamins, and minerals in clean freshwater ponds; Whereas the farm-raised catfish is the product of state-of-the-art methods in aquaculture; Whereas the production of farm-raised catfish increased by 1200 percent between 1975 and 1985 and is expected to continue to increase in 1987; Whereas the accompanying growth of the catfish processing industry creates thousands of permanent year-round jobs; Whereas the cost of producing farm-raised catfish is very stable and averaged only 65 cents per pound over the past eight years; Whereas catfish is an American delicacy and can be cooked in many delicious ways, and consumption of catfish is growing in popularity; and Whereas farm-raised catfish are low in cholesterol, are a low-calorie source of protein, and are a nutritious addition to the general diet of the people of the United States: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That June 25, 1987, is designated as "National Catfish Day", and the President is authorized and requested to issue a proclamation calling on the people of the United States to observe such day with appropriate ceremonies and activities. Approved June 25, 1987.

LEGISLATIVE HISTORY—H.J. Res. 178: CONGRESSIONAL RECORD, Vol. 133 (1987): May 11, considered and passed House. June 19, considered and passed Senate.

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Page:United States Statutes at Large Volume 101 Part 1.djvu/405

 PUBLIC LAW 100-59—JUNE 29, 1987

101 STAT. 375

Public Law 100-59 100th Congress An Act To designate the Federal Building located at 10 Causeway Street, Boston, Massachusetts, as the "Thomas P. O'Neill, Jr., Federal Building".

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. DESIGNATION OF BUILDING.

The Federal Building located at 10 Causeway Street, Boston, Massachusetts, shall be known and designated as the "Thomas P. O'Neill, Jr., Federal Building". SEC. 2. LEGAL REFERENCES.

Any reference to such building in any law, map, regulation, document, record, or other paper of the United States shall be deemed to be a reference to the "Thomas P. O'Neill, Jr., Federal Building". Approved June 29, 1987.

LEGISLATIVE HISTORY—H.R. 2243: HOUSE REPORTS: No. 100-127 (Comm. on Public Works and Transportation). CONGRESSIONAL RECORD, Vol. 133 (1987): June 8, considered and passed House. June 18, considered and passed Senate.

June 29, 1987 [H.R. 2243]

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text:
Page:Collodi - The Story of a Puppet, translation Murray, 1892.djvu/129

 evening, however, he ate to repletion, and when he had nearly emptied the basket he turned to the Pigeon and said to him:

'I never could have believed that vetch was so good!'

'Be assured, my boy,' replied the Pigeon, 'that when hunger is real, and there is nothing else to eat, even vetch becomes delicious. Hunger knows neither caprice nor greediness.'

Having quickly finished their little meal they recommenced their journey and flew away. The following morning they reached the seashore.

The Pigeon placed Pinocchio on the ground, and not wishing to be troubled with thanks for having done a good action, flew quickly away and disappeared.

The shore was crowded with people who were looking out to sea, shouting and gesticulating.

'What has happened?' asked Pinocchio of an old woman.

'A poor father who has lost his son has gone away in a boat to search for him on the other side of the water, and to-day the sea is tempestuous and the little boat is in danger of sinking.'

'Where is the little boat?'

'It is out there in a line with my finger,' said the old woman, pointing to a little boat


text:
Page:United States Statutes at Large Volume 101 Part 1.djvu/406

 101 STAT. 376

PUBLIC LAW 100-60—JUNE 29, 1987

Public Law 100-60 100th Congress

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An Act June 29, 1987 [H.R. 2100]

To designate the border station at 9931 Guide Meridian Road, Ljmden, Washington, as the "Kenneth G. Ward Border Station".

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. DESIGNATION.

The border station at 9931 Guide Meridian Road, Lynden, Washington, shall be known and designated as the "Kenneth G. Ward Border Station". SEC. 2. LEGAL REFERENCES.

Any reference in a law, map, regulation, document, record, or other paper of the United States to the border station referred to in section 1 shall be deemed to be a reference to the "Kenneth G. Ward Border Station". . sfcwjwi* Approved June 29, 1987.

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LEGISLATIVE HISTORY—H.R. 2100: HOUSE REPORTS: No. 100-134 (Comm. on Public Works and Transportation). CONGRESSIONAL RECORD, Vol. 133 (1987): June 15, considered and passed House. June 17, considered and passed Senate.:•: (,• -jii^ «.« i<.^.»t'.- - - > "••

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Page:United States Statutes at Large Volume 101 Part 1.djvu/407

 PUBLIC LAW 100-61—JUNE 29, 1987 Public Law 100-61 100th Congress

101 STAT. 377

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Joint Resolution Designating the week beginning June 21, 1987, as "National Outward Bound Week".

Whereas Outward Bound is an organization that offers young people the opportunity to participate in rigorous outdoor recreational programs to improve their self-confidence, physical fitness, outdoor skills, and sense of social responsibility; Whereas since 1962 when Outward Bound offered its first program in the United States in the State of Colorado, Outward Bound has dedicated its resources and leadership to the betterment of young people and the environment of the United States; Whereas Outward Bound is a pioneer in the development and application of experience-based outdoor recreational programs in the United States; Whereas the principles of Outward Bound, including accomplishment through perseverance, teamwork, leadership, and social responsibility, give countless young people the courage to cope better with adversities, overcome personal obstacles, and discover their potential for achievement and compassion; Whereas over 150,000 people in the United States have participated in the rigorous outdoor recreational programs offered by Outward Bound; and Whereas Outward Bound serves as the model and inspiration for hundreds of other experience-based programs that have been established in the United States since 1962: 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 June 21, 1987, is designated as "National Outward Bound Week" in honor of the 25th anniversary of the first Outward Bound outdoor recreational program offered in the United States, 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 June 29, 1987.

LEGISLATIVE HISTORY—H.J. Res. 284 (S.J. Res 145): CONGRESSIONAL RECORD, Vol. 133 (1987): June 18, considered and passed House. June 23, considered and passed Senate.

June 29, 1987 [H.J. Res. 284]

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Page:United States Statutes at Large Volume 101 Part 1.djvu/408

 101 STAT. 378

PUBLIC LAW 100-62—JUNE 29, 1987

Public Law 100-62 100th Congress

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Joint Resolution June 29, 1987 [S.J. Res. 86]

To designate October 28, 1987, as "National Immigrants Day".

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Whereas the Statue of Liberty has been the symbol of freedom, hope, and opportunity for millions of immigrants since the people of France dedicated the Lady of Liberty to the people of America on October 28, 1886; Whereas the Statue of Liberty serves as a reminder to all that the United States is a nation of immigrants, a nation of nations; Whereas the Statue of Liberty is a lasting memorial to the immigrants who have made America great; Whereas millions of immigrants settled throughout the vast territory of the United States, and supported the ideals of independence and liberty; Whereas the torch held by the Statue of Liberty serves as a beacon of freedom that lives in the soul of every American; Whereas on October 28, 1886, the Statue of Liberty began to greet immigrants who came to America in pursuit of their dreams; and Whereas it is only fitting that we set aside October 28, 1987, as a day of celebration to honor the immigrants welcomed by the burning torch of the Lady of Liberty to this land of freedom: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That October 28, 1987, is designated as "National Immigrants Day", and the President is authorized and requested to issue a proclamation calling on the people of the United States to observe such day with appropriate ceremonies and activities. Approved June 29, 1987.

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LEGISLATIVE HISTORY—S.J. Res. 86: CONGRESSIONAL RECORD, Vol. 133 (1987): June 5, considered and passed Senate. June 18, considered and passed House.

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Page:United States Statutes at Large Volume 101 Part 1.djvu/409

 PUBLIC LAW 100-63—JUNE 30, 1987

101 STAT. 379

Public Law 100-63 100th Congress An Act To authorize the establishment of a Peace Garden on a site to be selected by the Secretary of the Interior.

June 30, 1987 [H.R. 191]

Be it enacted by the Senate and House of Representatives of the National parks, United States of America in Congress assembled, SECTION 1. ESTABLISHMENT OF PEACE GARDEN.

The Secretary of the Interior, acting through the Director of the National Park Service is authorized to enter into an agreement with the Peace Garden Project, Incorporated (a nonprofit corporation organized under the laws of the State of California) pursuant to which the Peace Garden Project, Incorporated may construct a garden to be known as the "Peace Garden on a site on Federal land in the District of Columbia to honor the commitment of the people of the United States to world peace. The site for the Peace Garden shall be selected by the Secretary of the Interior, subject to the approval of the Commission of Fine Arts and the National Capital Planning Commission. SEC. 2. PROCEDURES AND DOCUMENTATION.

(a) PROCEDURES.—The site selection, design and construction of the Peace Garden shall comply with all procedures, rules, policies, and provisions of law applicable to the establishment of commemorative works on Federal land in the District of Columbia. (b) DOCUMENTATION.—The agreement under section 1 shall require that the Peace Garden Project, Incorporated provide complete documentation of the design and construction of the Peace Garden to the Director of the National Park Service. Such documentation shall be permanently maintained. SEC. 3. PREPARATION AND APPROVAL OF DESIGN PLANS.

The agreement under section 1 shall require the Peace Garden Project, Incorporated to be responsible for the preparation of the design plans for the Peace Garden. Such plans shall be subject to the approval of the Secretary of the Interior, the Commission of Fine Arts, and the National Capital Planning Commission. SEC. 4. APPROVAL FOR COMMENCEMENT OF CONSTRUCTION.

The Peace Garden Project, Incorporated may not commence construction of the Peace Garden until both of the following conditions have been met: (1) The Secretary of the Interior has determined that the full amount of funds estimated to be necessary for the completion of such construction in accordance with the design plans approved under section 3 are available from non-Federal sources. (2) An additional amount equal to 10 percent of the estimated construction cost has been made available from non-Federal sources to the Secretary of the Interior to provide for maintenance of the Peace Garden.

monuments, etc. 40 USC 1003 note. District of Columbia. Public buildings and grounds.

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Page:United States Statutes at Large Volume 101 Part 1.djvu/410

 101 STAT. 380

PUBLIC LAW 100-63—JUNE 30, 1987

SEC. 5. MAINTENANCE.

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The Secretary of the Interior shall, upon the completion of the construction of the Peace Garden, maintain the garden. Notwithstanding any other provision of law, the Secretary may retain and use for such purpose the monies made available under paragraph (2) of section 4. SEC. 6. PAYMENT OF EXPENSES. ^ ' ' • f ^ The United States may not pay any expense of the construction of the Peace Garden except that technical advice may be provided by the Secretary of the Interior as he deems necessary. SEC. 7. EXPIRATION OF AUTHORITY.

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The authority to establish the Peace Garden under this Act shall expire at the end of the 5-year period beginning on the date of the enactment of this Act, unless construction of such garden begins during such period. Approved June 30, 1987.

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LEGISLATIVE HISTORY—H.R. 191: HOUSE REPORTS: No. 100-17 (Comm. on Interior and Insular Affairs). SENATE REPORTS: No. 100-69 (Comm. on Energy and Natural Resources). CONGRESSIONAL RECORD, Vol. 133 (1987): Mar. 10, considered and passed House. June 17, considered and passed Senate.

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Page:United States Statutes at Large Volume 101 Part 1.djvu/411

 PUBLIC LAW 100-64—JULY 6, 1987 Public Law 100-64 100th Congress

101 STAT. 381 xr

Joint Resolution ^^^to'A

„ Designating July 2, 1987, as ' National Literacy Day.

Whereas literacy is a necessary tool for survival in our society; Whereas 35,000,000 Americans today read at a level which is less than necessary for full survival needs; Whereas there are 27,000,000 adults in the United States who cannot read, whose resources are left untapped, and who are unable to offer their full contribution to society; Whereas illiteracy is growing rapidly, as 2,300,000 persons, including 1,200,000 legal and illegal immigrants, 1,000,000 high school dropouts, and 100,000 refugees, are added to the pool of illiterates annually; Whereas the annual cost of illiteracy to the United States in terms of welfare expenditures, crime, prison expenses, lost revenues, and industrial and military accidents has been estimated at $225,000,000,000; Whereas the competitiveness of the United States is eroded by the presence in the workplace of millions of Americans who are functionally or technologically illiterate; Whereas there is a direct correlation between the number of illiterate adults unable to perform at the standard necessary for available employment and the money allocated to child welfare and unemployment compensation; Whereas the percentage of illiterates in proportion to population size is higher for blacks and Hispanics, resulting in increased economic and social discrimination against these minorities; Whereas the prison population represents the single highest concentration of adult illiteracy; Whereas 1,000,000 children in the United States between the ages of 12 and 17 cannot read above a 3rd grade level, 13 percent of all 17-year-olds are functionally illiterate, and 15 percent of graduates of urban high schools read at less than a 6th grade level; Whereas 85 percent of the juveniles who appear in criminal court are functionally illiterate; Whereas the 47 percent illiteracy rate among black youths is expected to increase to 50 percent by 1990; Whereas one-half of all heads of households cannot read past the 8th grade level and one-third of all mothers on welfare are functionally illiterate; Whereas the cycle of illiteracy continues because the children of illiterate parents are often illiterate themselves because of the lack of support they receive from their home environment; Whereas Federal, State, municipal, and private literacy programs have only been able to reach 5 percent of the total illiterate population; Whereas it is vital to call attention to the problem of illiteracy, to understand the severity of the problem and its detrimental effects

July 6, 1987 [S.J. — 117] Res.

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Page:United States Statutes at Large Volume 101 Part 1.djvu/412

 101 STAT. 382

I

PUBLIC LAW 100-64—JULY 6, 1987

on our society, and to reach those who are illiterate and unaware of the free services and help available to them; and Whereas it is also necessary to recognize and thank the thousands of volunteers who are working to promote literacy and provide support to the millions of illiterates in need of assistance: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That July 2, 1987, is designated as "National Literacy Day", and the President is authorized and requested to issue a proclamation calling upon the people of the United States to observe such day with appropriate ceremonies and activities. Approved July 6, 1987. p^-ty^'anT:

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LEGISLATIVE HISTORY—S.J. Res. 117: CONGRESSIONAL RECORD, Vol. 133 (1987): June 5, considered and passed Senate. June 29, considered and passed House.

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Page:United States Statutes at Large Volume 101 Part 1.djvu/413

 PUBLIC LAW 100-65—JULY 10, 1987

101 STAT. 383

Public Law 100-65 100th Congress An Act To provide for the conveyance of certain public lands in Cherokee, De Kalb, and Etowah Counties, Alabama, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That, notwithstanding any other provision of law, the Secretary of the Interior is authorized and directed to convey, without consideration, all right, title, and interest of the United States in those public lands originally granted and conveyed to the State of Alabama by the United States pursuant to the Act of June 3, 1856 (11 Stat. 17), in aid of the Coosa and Chattooga Railroad and subsequently forfeited to the United States pursuant to the Act of September 29, 1890 (26 Stat. 496), to any trustee qualified under the laws of the State of Alabama to do business as a trustee and approved by the Secretary of the Interior. Such trustee shall convey said right, title, and interest in those lands, in such manner as he determines appropriate, to those persons whom he determines to be current owners of record of the balance of the interests in such lands. No costs incurred by the trustee in implementing his responsibilities under this Act shall be borne by the United States, SEC. 2. All minerals shall be reserved to the United States together with the right to prospect for, mine and remove the same, Approved July 10, 1987.

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LEGISLATIVE HISTORY—H.R. 626: HOUSE REPORTS: No. 100-13 (Comm. on Interior and Insular Affairs). SENATE REPORTS: No. 100-74 (Comm. on Energy and Natural Resources). CONGRESSIONAL RECORD, Vol. 133 (1987): Mar. 10, considered and passed House. June 25, considered and peissed Senate.

July 10, 1987 [H.R. 626]

Railroads, ^, "^.-t^X

43 USC 904. i*;?: *C;L:)i

Minerals and mining.

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Page:United States Statutes at Large Volume 101 Part 1.djvu/414

 101 STAT. 384

PUBLIC LAW 100-66—JULY 10, 1987

Public Law 100-66

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100th Congress

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An Act July 10, 1987 [H.R. 2480]

To extend temporarily the governing international fishery agreement between the United States and the Republic of Korea, and for other purposes.

Be it enacted by the Senate and House of Representatives of the ..f..„,uop United States of America in Congress assembled, 16 USC 1823 note.

SECTION 1. EXTENSION OF GOVERNING INTERNATIONAL FISHERY AGREEMENT BETWEEN THE UNITED STATES AND SOUTH KOREA.

Notwithstanding any provision of the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.), the governing international fishery agreement entered into between the .m D * f zi Government of the United States and the Government of the RepubS lic of Korea on July 26, 1982, shall remain in force and effect with respect to the United States until the closing date of the sixty-day 16 USC 1823. period referred to in section 203(a) of such Act that applies with respect to any new governing international fishery agreement between the United States and the Republic of Korea that is transmitted to the Congress under section 203(a) after May 1, 1987, or November 1, 1987, whichever is earlier. ba-

SEC. 2. TECHNICAL AMENDMENT.

Section 309(a)(1) of the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1859(a)(1)) is amended by striking out "(J)" and inserting "(I)". SEC. 3. FEDERAL FELLOWSHIPS.

Section 208 of the National Sea Grant College Program Act (33 U.S.C. 1127) is amended— (1) by striking out "Sea" in the third sentence of subsection (a) and inserting "Except as provided in subsection (b), sea"; (2) by redesignating subsection (b) as subsection (c); and (3) by inserting after subsection (a) the following new subsection: "(b) FEDERAL FELLOWSHIPS.—(1) As part of the sea grant fellowship program, the Secretary may award sea grant fellowships to support the placement of qualified individuals in positions with the executive and legislative branches of the United States Government. No fellowship may be awarded under this paragraph for a period exceeding one year.

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Page:United States Statutes at Large Volume 101 Part 1.djvu/415

 PUBLIC LAW 100-66—JULY 10, 1987

101 STAT. 385

"(2) For purposes of this subsection, the term 'qualified individual' means an individual at the graduate level of education in fields related to ocean and coastal resources.". SEC. 4. EFFECTIVE DATE.

33 USC 1127

The amendment made by section 3 shall take effect January 1, 1978. Approved July 10, 1987.

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LEGISLATIVE HISTORY—H.R. 2480: HOUSE REPORTS: No. 100-161 (Comm. on Merchant Marine and Fisheries). CONGRESSIONAL RECORD, Vol. 133 (1987): June 22, considered and passed House. June 30, considered and passed Senate.

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Page:United States Statutes at Large Volume 101 Part 1.djvu/416

 101 STAT. 386

PUBLIC LAW 100-67—JULY 10, 1987

Public Law 100-67 100th Congress Joint Resolution July 10, 1987 [H.J. Res. 181]

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Commemorating the bicentennial of the Northwest Ordinance of 1787.

Whereas, on July 13, 1787, the Congress of the United States, which was established by the Articles of Confederation, enacted a law entitled "An Ordinance for the government of the territory of the United States northwest of the river Ohio"; Whereas such law, commonly known as the Northwest Ordinance, provided civil government for and opened to settlement the Northwest Territory from which all or part of the States of Ohio, Indiana, Illinois, Michigan, Wisconsin, and Minnesota were subsequently formed; Whereas the Northwest Ordinance provided that States formed in the Northwest Territory would be admitted into the Union on an equal footing with the original States, and admission into the Union on this basis was subsequently applied to States formed in other territories of the United States; Whereas the Northwest Ordinance led to the orderly development of the Northwest Territory; Whereas the Northwest Ordinance recognized the dignity of the individual without regard to race, religion or origin and provided for the equality of civil rights for all people by prohibiting slavery and involuntary servitude in the Territory, thereby preceding the Bill of Rights; Whereas the Northwest Ordinance encouraged public education by providing for free public education within the local community: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the Northwest Ordinance of 1787 is hereby commemorated as one of the fundamental legal documents of the United States in that the Northwest Ordinance is an early example of the commitment of the people of the United States to democratic principles, religious freedom, and individual rights. The President of the United States is authorized

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Page:United States Statutes at Large Volume 101 Part 1.djvu/417

 PUBLIC LAW 100-67—JULY 10, 1987

101 STAT. 387

and requested to issue a proclamation, as soon as practicable after the date of the adoption of this joint resolution, that calls upon the people of the United States to carry out appropriate ceremonies and activities commemorating the bicentennial of the Northwest Ordinance. Approved July 10, 1987.

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LEGISLATIVE HISTORY—H.J. Res. 181 (S.J. Res. 82): CONGRESSIONAL RECORD, Vol. 133 (1987): June 10, considered and passed House. June 26, considered and passed Senate.

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