text:
Page:United States Statutes at Large Volume 98 Part 2.djvu/124

 98 STAT. 1284

PUBLIC LAW 98-377—AUG. 11, 1984 PROGRAM AUTHORIZED

Grants. 20 USC 3983. Appropriations authorization.

SEC. 304. (a) The Foundation is authorized, in accordance with the provisions of this title, to make grants to applicants to pay the Federal share of the costs of the activities described in section 805. (b) There are authorized to be appropriated $80,000,000 for the fiscal year 1984, and $60,000,000 for the fiscal year 198.5, to carry out the provisions of this title. AUTHORIZED ACTIVITIES

20 USC 3984.

Business and industry.

Business and industry.

SEC. 805. (a)(1) An applicant may use payments received under this title in any fiscal year for higher education programs and activities described in this subsection. (2) Grants under this subsection may be used for partnership in education programs— (A) for the improvement of instruction in mathematics, science, computer science, and engineering education at the postsecondary level; (B) for awarding scholarships to students at institutions of higher education in the fields of mathematics, science, computer science, and engineering; (C) for the operation of faculty exchange programs by the institutions of higher education and business concerns within the State; (D) for research in the fields of mathematics, science, computer science, and engineering; (E) for the acquisition, rehabilitation, and renovation of equipment and instrumentation for use in instruction in the fields of mathematics, science, computer science, and engineering; and (F) to promote public understanding of science, mathematics, and computer science. (3) Education partnerships under this subsection may include institutions of higher education, business concerns, nonprofit private organizations, local educational agencies, professional mathematic and scientific associations, museums, libraries, educational television stations, and if the State so desires, appropriate State agencies. (b)(1) An applicant may use payments received under this title in any fiscal year for programs and activities described in this subsection. (2) A local educational agency may carry out an elementary and secondary school partnership in education program under which— (A) elementary and secondary school teachers in the schools of local educational agencies who teach mathematics, science, or computer science are made available to local business concerns and business concerns with establishments located in the community to serve in such concerns or establishments; (B) personnel of local business concerns and business concerns with establishments located in the community serve as consultants, lecturers, teaching assistants, or teachers of mathematics, science, or computer science in the elementary and secondary schools within the State; (C) training and retraining is furnished to elementary and secondary school teachers of mathematics, science, and computer science under a cooperative arrangement between the

�


text:
Page:United States Statutes at Large Volume 98 Part 2.djvu/125

 PUBLIC LAW 98-377—AUG. 11, 1984

98 STAT. 1285

State or local educational agency and appropriate business concerns; (D) secondary school students observe, participate, and work in local business concerns and business concerns with establishments located in the community; and (E) computer clubs and extracurricular activities involving modern technologies are established in elementary and secondary schools. (3) Partnerships under this subsection may include local educational agencies, business concerns, nonprofit private organizations, institutions of higher education, professional mathematic and scientific associations, museums, libraries, educational television stations, and, if the State so desires, appropriate State agencies. ^

Business and industry.

APPLICATION

SEC. 306. (a) Any applicant which desires to receive a grant under this title shall submit an application approved under section 307 to the Foundation, at such time, in such manner, and accompanied by such additional information as the Foundation may reasonably require. Each such application shall— (1) describe the activities for which assistance under this title is sought; (2) provide assurances that not more than 5 per centum of the amount received by the applicant in any fiscal year may be expended on administrative expenses; (3) with respect to each program for which assistance is sought, provide assurances that— (A) 30 per centum of the funds for each such project will be furnished by business concerns within the community; (B) 20 per centum of the funds will be supplied by— (i) the State, (ii) the institution of higher education or the local "*'• * "- educational agency, as the case may be, participating in J ^ the program; and (iii) the other parties participating in the program; (C) no stipend will be paid directly to employees of a profitmaking business concern; and (D) teachers participating in the exchange program may not be employed by the participating business concern with which the teacher served within three years after the end sp > of the exchange program unless the teacher repays the full cost of the exchange program to the State and local educational agency, as the case may be; and (4) provide assurances that whenever the program for which assistance is sought includes scholarships, the scholarships be awarded to undergraduate students at institutions of higher education within the State who wish to pursue a course of study in mathematics or science, engineering or computer science, and that each student awarded a scholarship under this title will receive a stipend which shall not exceed the cost of tuition at the institution of higher education plus a stipend of not to exceed $750 for each academic year of study for which the scholarship is awarded; (5) set forth policies and procedures to assure that whenever the application includes a local educational agency, to the extent consistent with the number and location of children in

Grants.

20 USC 3985.

�

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


text:
Page:United States Statutes at Large Volume 98 Part 2.djvu/126

 98 STAT. 1286

PUBLIC LAW 98-377—AUG. 11, 1984

the school district of such agency who are enrolled in private elementary and secondary schools, provision is made for the participation of such children in the program assisted under this title; (6) provide assurances that consideration is given to programs and activities designed to meet the needs of underrepresented and underserved populations; (7) provide assurances that in the consideration of applications submitted under section 307(a) that equitable consideration is given to applications submitted by private and public institutions of higher education; and (8) provide such additional assurances as the Foundation determines essential to ensure compliance with the requirements of this title. (b) A regional consortium of applicants in two or more States may file a joint application under the provisions of subsection (a) of this section. SUBMISSION OF APPLICATIONS

Grants. 20 USC 3986.

SEC. 307. Each applicant within a State which desires to receive a grant under this title shall submit the application prepared in accordance with section 306 to the State agency on higher education or the State educational agency, as the case may be, for approval and shall submit the approved application to the Foundation under section 306. Each such application shall be submitted jointly by the local educational agency in the case of activities described in section 305(a), or an institution of higher education in the case of activities described in section 305(b), and each business concern or other party that is to participate in the program for which assistance is sought. APPROVAL OF APPLICATIONS

20 USC 3987.

SEC. 308. (a)(1) The Foundation shall establish criteria for approval of applications under this title. (2) No application may be approved by the Foundation unless the State educational agency or the State agency for higher education, as the case may be, determines that the application is consistent with State plans for elementary and secondary education or State plans for higher education, as the case may be, in the State. (b) The Foundation shall adopt approval procedures designed to assure that there is equitable distribution of grants among the States. PAYMENTS; FEDERAL SHARE; LIMITATION

20 USC 3988.

SEC. 309. (a)(1) The Foundation shall pay, to each applicant having an application approved under section 308, the Federal share of the cost of the program described in the application. (2) The Federal share for each fiscal year shall be 50 per centum. (3) The non-Federal share of payments under this title may be in cash or in kind, fairly evaluated, including plant, equipment, or services. (b) Not more than 15 per centum of the funds appropriated under this title in any fiscal year may be paid to applicants in any single State.

�


text:
Page:United States Statutes at Large Volume 98 Part 2.djvu/127

 PUBLIC LAW 98-377—AUG. 11, 1984

98 STAT. 1287

TITLE IV—PRESIDENTIAL AWARDS FOR TEACHING EXCELLENCE IN MATHEMATICS AND SCIENCE PRESIDENTIAL AWARDS

SEC. 401. (a) The President is authorized to make Presidential President of U.S. Awards for Teaching Excellence in Mathematics and Science to 20 USC 4001. elementary and secondary school teachers of mathematics or science who have demonstrated outstanding teaching qualifications in the field of teaching mathematics or science. (b) Each year the President is authorized to make one hundred awards under subsection (a) of this section. In selecting elementary and secondary school teachers for the award authorized by this section, the President shall select at least one elementary school teacher and one secondary school teacher from each of the several States, the District of Columbia, and the Commonwealth of Puerto Rico. ADMINISTRATIVE PROVISIONS

SEC. 402. The President shall carry out the provisions of this title, President of U.S. including the establishment of the selection procedures, after con- 20 USC 4002. sultation with the Secretary of Education, the Director of the National Science Foundation, and other appropriate officials of Federal agencies. AUTHORIZATION OF APPROPRIATIONS

SEC. 403. (a) There are authorized to be appropriated $1,000,000 for 20 USC 4003. the fiscal year 1985 to carry out the provisions of this title. (b) Amounts appropriated pursuant to subsection (a) shall be available for making awards under this title, for administrative expenses, for necessary travel by teachers selected under this title, and for special activities related to carrying out the provisions of this title. TITLE V—ASBESTOS SCHOOL HAZARD ABATEMENT SEC. 501. This title may be cited as the "Asbestos School Hazard Abatement Act of 1984". FINDINGS AND PURPOSES

Asbestos School Hazard Abatement Act of 1984. 20 USC 4011 note.

SEC. 502. (a) The Congress finds that— 20 USC 4011. (1) exposure to asbestos fibers has been identified over a long period of time and by reputable medical and scientific evidence as significantly increasing the incidence of cancer and other severe or fatal diseases, such as asbestosis; (2) medical evidence has suggested that children may be particularly vulnerable to environmentally induced cancers; (3) medical science has not established any minimum level of exposure to asbestos fibers which is considered to be safe to individuals exposed to the fibers; (4) substantial amounts of asbestos, particularly in sprayed form, have been used in school buildings, especially during the period 1946 through 1972; (5) partial surveys in some States have indicated that (A) in a number of school buildings materials containing asbestos fibers have become damaged or friable, causing asbestos fibers to be

�


text:
Page:United States Statutes at Large Volume 98 Part 2.djvu/128

 98 STAT. 1288

M PUBLIC LAW 98-377—AUG. 11, 1984 dislodged into the air, and (B) asbestos concentration far exceeding normal ambient air levels have been found in school buildings containing such damaged materials; (6) the presence in school buildings of friable or easily damaged asbestos creates an unwarranted hazard to the health of the school children and school employees who are exposed to such materials; (7) the Department of Health and Human Services and the Environmental Protection Agency, as well as several States, have attempted to publicize the potential hazards to school children and employees from exposure to asbestos fibers, but there is no systematic program for remedying hazardous conditions in schools; (8) because there is no Federal health standard regulating the concentration of asbestos fibers in noncommercial workplace environments such as schools, school employees and students may be exposed to hazardous concentrations of asbestos fibers in the school buildings which they use each day; (9) without a program of information distribution, technical and scientific assistance, and financial support, many local educational agencies and States will not be able to mitigate the potential asbestos hazards in their schools; and (10) the effective regulation of interstate commerce for the protection of the public health requires the establishment of programs under this title to mitigate hazards from exposure to asbestos fibers and materials emitting such fibers. (b) It is the purpose of this title to— (1) direct the Administrator of the Environmental Protection Agency to establish a program to assist States and local educational agencies to ascertain the extent of the danger to the health of school children and employees from asbestos materials in schools; (2) provide continuing scientific and technical assistance to State and local agencies to enable them to identify and abate asbestos hazards in schools; (3) provide financial assistance for the abatement of asbestos threats to the health and safety of school children or employees; and (4) assure that no employee of any local educational agency suffers any disciplinary action as a result of calling attention to potential asbestos hazards which may exist in schools. ASBESTOS HAZARD ABATEMENT PROGRAM

Establishment. 20 USC 4012.

SEC. 503. (a)(1) There is hereby established a program within the Environmental Protection Agency to be known as the Asbestos Hazards Abatement Program (hereinafter in this title referred to as "Program"). (b) The duties of the Administrator in implementing and effectuating the Program shall include— (1) the compilation of medical, scientific, and technical information including, but not limited to— (A) the health and safety hazards associated with asbestos materials; (B) the means of identifying, sampling, and testing materials suspected of emitting asbestos fibers; and

�


text:
Page:United States Statutes at Large Volume 98 Part 2.djvu/129

 PUBLIC LAW 98-377—AUG. 11, 1984

98 STAT. 1289

(C) the means of abating the threat posed by asbestos and asbestos containing materials; (2) the distribution of the information described in paragraph (1) (in any appropriate form such as pamphlets, reports, or instructions) to State and local agencies and to other institutions for the purpose of carrying out activities described in this title; (3) the development within forty-five days of enactment of this title of an interim or final application form, which shall be distributed promptly to local educational agencies; and (4) the review of applications for financial assistance, and the approval or disapproval of such applications, in accordance with the provisions of section 505.

j,. «.?r "' '

STATE PLANS

SEC. 504. (a) Not later than three months after the date of 20 USC 4013. enactment of this title, the Governor of each State shall submit to the Administrator a plan which describes the procedures to be used by the State for maintaining records on— (1) the presence of asbestos materials in school buildings of local educational agencies; (2) the asbestos detection and abatement activities conducted by local educational agencies (including activities relating to the replacement of the asbestos materials removed from school buildings with other appropriate building materials); (3) repairs made to restore school buildings to conditions comparable to those which existed before the abatement activities referred to in subparagraph (B) were undertaken. (b)(1) Not later than six months after the date of enactment of this title, and annually thereafter, the Governor of each State shall: (A) submit to the Administrator and the Secretary of the Department of Education a priority list of all schools under the authority of a local educational agency within the State, withi,a^ out regard to the public or private nature of the school involved, that are candidates for abatement; (B) forward to the Administrator and the Secretary of the Department of Education for each candidate for abatement all applications for financial assistance prepared by the local educational agencies in accordance with the provisions of section 503(b)(3) and section 505; and (C) forward to the Secretary of the Department of Education a copy of all information submitted to the Administrator in accordance with subsection (b)(3). (2) The priority list shall rank the potential candidates for abatement action based on the nature and magnitude of the existing and potential exposure presented by the asbestos materials. (3) For each school listed, the Governor shall certify that the statement of need contained in the application for assistance accurately reflects the financial resources available to the local educational agency for the asbestos abatement program. (4) For the purpose of determining the adequacy of the financial resources available to a local educational agency for the abatement of asbestos threats the Governor shall, to the extent practicable, consider the following: (A) A measure of financial need used by the State in which the local educational agency is located.

31-194 - 0 - 86 - 5: QL. 3 Part 2

�


text:
Page:United States Statutes at Large Volume 98 Part 2.djvu/130

 98 STAT. 1290

Report.

PUBLIC LAW 98-377—AUG. 11, 1984

(B) The estimated per capita income of the locality of such agency or of those directly or indirectly providing financial support for such agency. (C) The extent to which the local school millage rate falls above or below (i) the millage rate average of the State and (ii) the millage rate of other local educational agencies with comparable enrollment, per capita income and resource base. (D) The ratio, expressed as a percentage, of the estimated cost of the project to the total budget of the local educational agency. (E) The borrowing capacity of the local educational agency. (F) Any other factor that demonstrates that the local educational agency has limited financial resources. (c) Not later than nine months after the submission of the plan described in subsection (a), and each twelve months thereafter, the Governor shall submit to the Administrator a report which describes the actions taken by the State in accordance with its plan under such subsection. FINANCIAL ASSISTANCE

Asbestos Hazards Abatement Assistance Program. 20 USC 4014.

Study.

SEC. 505. (a) There is hereby established within the Environmental Protection Agency an Asbestos Hazards Abatement Assistance Program (hereinafter in this Act referred to as the "Assistance Program"), which shall be administered in accordance with this section. (b)(1) Applications for financial assistance shall be submitted by a local educational agency, to the Governor, or the Governor's designee, who shall establish a priority list based on the criteria of section 504(b)(2). (2) Pursuant to section 504, applications shall be submitted, together with the Governor's report and priority list, to the Administrator who shall review and rank such applications pursuant to section 505(c)(2) and propose financing pursuant to the criteria of section 504(b)(4). (3) Within sixty days of receipt of the information described in section 504(b)(1), the Secretary of the Department of Education shall review such information and, in the Secretary's discretion, provide to the Administrator comments and recommendations based upon the needs of local educational agencies for financial assistance. Within sixty days of receipt of the Secretary's report, or expiration of the time allowed for such report, the Administrator shall approve or disapprove applications for financial assistance. (c)(1) The Administrator shall provide financial assistance on a school-by-school basis to local educational agencies in accordance with other provisions of this section to carry out projects for— (A) abating the threat posed by materials containing asbestos to the health and safety of children or employees; (B) replacing the asbestos materials removed from school buildings with other appropriate building materials; and (C) restoring school buildings to conditions comparable to those existing before abatement activities were undertaken pursuant to this section. (2) The Administrator shall review and list in priority order applications for financial assistance. In ranking applications, the Administrator shall consider— (A) the priority assigned to the abatement program by the Governor pursuant to section 504(b)(2);

x-lL

�


text:
Page:United States Statutes at Large Volume 98 Part 2.djvu/131

 PUBLIC LAW 98-377—AUG. 11, 1984

98 STAT. 1291

(B)(i) the likelihood of release of asbestos fibers into a school environment; (ii) any other evidence of the risk caused by the presence of asbestos including, but not limited to, situations in which there is a substantial quantity of dry loose asbestos-containing material on horizontal surfaces or asbestos-containing material is substantially deteriorated or damaged, and there is asbestoscontaining material in an air plenum or in a high traffic area, confined space or within easy reach of a passerby; (iii) the extent to which the corrective action proposed by the applicant will reduce the exposure of school children and school employees; and (iv) the extent to which the corrective action proposed by the applicant is cost-effective compared to other techniques including management of material containing asbestos. (3) In determining whether an applicant is eligible for assistance, and the nature and amount of financial assistance, the Administrator shall consider— (A) the financial resources available to the applicant as certified by the Governor pursuant to section 504(b)(4); and (B) the report, if any, of the Secretary of Education pursuant to section 504(b)(5). (d) In no event shall financial assistance be provided under this title to an applicant if the Administrator determines that such applicant has resources adequate to support an appropriate asbestos materials abatement program. In making such a determination, the Administrator may consult with the Secretary of Education. (e)(1) An applicant for financial assistance may be granted a loan of up to 100 per centum of the costs of an abatement program or, if the Administrator determines the applicant is unable to undertake and complete an asbestos materials abatement program with a loan, such applicant may also receive a grant (alone or in combination with a loan) not to exceed 50 per centum of the total costs of abatement, in the amount which the Administrator deems necessary. (2) In approving any grant, the Administrator shall state with particularity the reasons why the applicant is unable to undertake and complete the abatement program with loan funds. (f) Loans under this section shall be made pursuant to agreements which shall provide for the following: (1) the loan shall not bear interest; (2) the loan shall have a maturity period of not more than twenty years (as determined by the Administrator) and shall be repayable during such period at such times and in such amounts as the Administrator may specify in the loan agreement; (3) repayment shall be made to the Secretary of the Treasury r for deposit in the general fund; and (4) such other terms and conditions that the Administrator determines necessary to protect the financial interest of the United States. (g)(1) No financial assistance may be provided under this section unless an application has been submitted to the Administrator within the five-year period beginning on the effective date of this title. (2) The Administrator shall not approve an application unless—

Loans. Grants.

Grants.

Loans.

�


text:
Page:United States Statutes at Large Volume 98 Part 2.djvu/132

 98 STAT. 1292

Regulations. 20 USC 4015.

PUBLIC LAW 98-377—AUG. 11, 1984

(A) the application contains such information as the Administrator may require, including but not limited to information describing— (i) the nature and extent of the asbestos problem for which the assistance is sought; (ii) the asbestos content of the material to be abated; (iii) the methods which will be used to abate the asbestos materials; (iv) the amount and type of financial assistance requested; (v) a description of the financial resources of the local educational agency; and (vi) a justification for the type and amount of the financial assistance requested. (B) the application contains a certification that— (i) any employee engaged in an asbestos material abatement program will be trained and equipped pursuant to section 506(b)(2)(B); and (ii) no child or inadequately informed or protected school employee will be permitted in the vicinity of any asbestos abatement activity; (C) the application contains assurances that the local educational agency will furnish such information as is necessary for the Administrator to make the report required by section 507 of this title. (3) No financial assistance may be provided by the Administrator under this section for projects described in subsection (a)(2) on which abatement action was completed prior to January 1, 1984. (B) Except as provided in section 512(b)(1) in approving applications the Administrator shall provide Eissistance to the local educational agencies having the highest priority among applications being considered in order of ranking until the appropriated funds are expended. SEC. 506. (a) The Administrator shall promulgate rules and regulations as necessary to implement the authorities and requirements of this title, (b) The Administrator shall also establish— (1) procedures to be used by local educational agencies, in programs for which financial assistance is made available under section 505 for— (A) abating asbestos materials in school buildings; (B) replacing the asbestos materials removed from school buildings with other appropriate building materials; and (C) restoring such school buildings to conditions comparable to those existing before asbestos containment or removal activities were undertaken; and (2) within ninety days, standards for determining— (A) which contractors are qualified to carry out the activities referred to in paragraph (1), and (B) what training, equipment, protective clothing and other information and material must be supplied to adequately advise and protect school employees utilized to carry out the activities in paragraph (1). (3) nothing contained in this title shall be construed, interpreted or applied to diminish in any way the level of protection required under State or Federal worker protection laws.

�


text:
Page:United States Statutes at Large Volume 98 Part 2.djvu/133

 PUBLIC LAW 98-377—AUG. 11, 1984

98 STAT. 1293

(c) In order to effectuate the purposes of this title, the Administrator may also adopt such other procedures, standards and regulations as the Administrator deems necessary, including— (1) procedures for testing the level of asbestos fibers in schools, including safety measures to be followed in conducting such tests; (2) standards for evaluating (on the basis of such tests) the « likelihood of the leakage of asbestos fibers into the school environment; and (3) periodic reporting with respect to the activities that have taken place using funds loaned or granted under this title. ANNUAL REPORT

SEC. 507. During each of the ten calendar years after the year in which this title is enacted, the Administrator shall prepare and submit not later than February 1 of each year a report to the Committee on Environment and Public Works of the United States Senate and the Committee on Energy and Commerce of the United States House of Representatives on the loan and grant program authorized by section 505 of this title. The report shall— (1) describe the number of applications received; (2) describe the number of loans and grants made in the preceding calendar year and specify each applicant for and recipient of a loan or grant; (3) specify the number of loan or grant applications which were disapproved during the preceding calendar year and deI scribe the reasons for such disapprovals; t (4) describe the types of programs for which loans or grants were made; (5) specify the estimated total costs of such programs to the recipients of loans or grants and specify the amount of loans or grants made under the program authorized by this section; and (6) estimate the number of schools still in need of assistance. SEC. 508. (a)(1) As a condition of the award of any financial assistance under section 505, the recipient of any such loan or grant shall permit the United States to sue on behalf of such recipient any person determined by the Attorney General to be liable to the recipient for the costs of any activities undertaken by the recipient under such sections. (2) The proceeds from any judgment recovered in any suit brought by the United States under paragraph (1) (or, if the recipient files a similar suit on its own behalf, the proceeds from a judgment recovered by the recipient in such suit) shall be used to repay to the United States, to the extent that the proceeds are sufficient to provide for such repayment, an amount equal to the sum of^ (A) the amount (i) outstanding on any loan and (ii) of any grant made to the recipient; and (B) an amount equal to the interest which would have been charged on such loan were the loan made by a commercial lender at prevailing interest rates (as determined by the Administrator). (b) The Attorney General shall, where appropriate, proceed in an expeditious manner to recover the amounts expended by the United States to carry out this title from the persons identified by the Attorney General as being liable for such costs.

Loans, ^J^^g^ ^Q^Q

«U oii

Suits. 20 USC 4017.

�


text:
Page:United States Statutes at Large Volume 98 Part 2.djvu/134

 98 STAT. 1294 Discrimination, prohibition. 20 USC 4018.

Prohibitions. 20 USC 4019.

20 USC 4020.

20 USC 2854.

PUBLIC LAW 98-377—AUG. 11, 1984

SEC. 509. No State OF local educational agency receiving assistance under this title may discharge any employee or otherwise discrimijjQ^g against any employee with respect to the employee's compensation, terms, conditions, or privileges of employment because the employee has brought to the attention of the public information concerning any asbestos problem in the school buildings within the jurisdiction of such agency. SEC. 510. Except as otherwise provided in section 508, nothing in this title shall— (1) affect the right of any party to seek legal redress in connection with the purchase or installation of asbestos materials in schools or any claim of disability or death related to exposure to asbestos in a school setting; or (2) affect the rights of any party under any other law. SEC. 511. For purposes of this title CD the term "asbestos" means— (A) chrysotile, amosite, or crocidolite; or (B) in fibrous form, tremolite, anthophyllite, or actinolite; (2) the term "Attorney General" means the Attorney General of the United States; (3) the term "threat" or "hazard" means that an asbestos material is friable or easily damaged, or within each reach of students or employees or otherwise susceptible to damage (including damage from water or air circulation) which could result in the dispersal of asbestos fibers into the school environment; (4) the term "local educational agency" means— (A) any local educational agency as defined in section 198(a)(10) of the Elementary and Secondary Education Act of 1965; and (B) the governing authority of any nonprofit elementary or secondary school; ^ (5) the term "nonprofit elementary or school" means— (A) any elementary or secondary school as defined in section 198(a)(7) of the Elementary and Secondary Education Act of 1965 owned and operated by one or more nonprofit corporations or associations no part of the net earnings of which inures, or may lawfully inure, to the benefit of any private shareholder or individual; and (B) any school of any agency of the United States; (6) the term "school buildings" means— (A) structures suitable for use as classrooms, laboratories, libraries, school eating facilities, or facilities used for the preparation of food; (B) any gymnasium or other facility which is specially designed for athletic or recreational activities for an academic course in physical education; (C) other facilities used for the instruction of students, for research, or for the administration of educational or research programs; and (D) maintenance, storage, or utility facilities essential to the operation of the facilities described in subparagraphs (A) through (C) of this paragraph; (7) the term "Administrator" means the Administrator of the Environmental Protection Agency, or the Administrator's designee;

�


text:
Page:United States Statutes at Large Volume 98 Part 2.djvu/135

 PUBLIC LAW 98-377—AUG. 11, 1984

98 STAT. 1295

(8) the term "State" means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands, the Northern Mariana Islands, the Trust Territory of the Pacific Islands, and the Bureau of Indian Affairs. SEC. 512. (a)(1) There are hereby authorized to be appropriated for the asbestos abatement program not more than $50,000,000 for the fiscal year ending on September 30, 1984, $50,000,000 for the fiscal year ending on September 30, 1985, and $100,000,000 for each of the five succeeding fiscal years. (2) The sums appropriated under this title shall remain available until expended. (b)(1) A State with qualified applicants shall receive no less than one-half of 1 per centum of the sums appropriated under this title or the total of the amounts requested by such applicants, whichever is less. Those amounts available in each fiscal year under this paragraph shall be obligated before the end of that fiscal year. For the purposes of this paragraph the term "State" means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Bureau of Indian Affairs and, taken together, Guam, American Samoa, the Virgin Islands, the Northern Mariana Islands, and the Trust Territory of the Pacific Islands. (2) Of those sums appropriated for the implementation of this title, up to 10 per centum shall be reserved during the fiscal year ending September 30, 1984, and up to 5 per centum for the fiscal year ending September 30, 1985, for the administration of this title and for programs including, but not limited to, the following: (A) the establishment of a training center for contractors, engineers, school employees, parents and other personnel to provide instruction on eisbestos assessment and abatement; (B) the development and dissemination of abatement guidance documents to assist in evaluation of potential hazards, and the determination of proper abatement programs; (C) the development of rules and regulations regarding inspection, reporting and record-keeping; and (D) the development of a comprehensive testing and technical assistance program. TITLE VI—EXCELLENCE IN EDUCATION PROGRAM

Appropriations authorization. 20 USC 4021.

Excellence in Education Act.

SHORT TITLE

SEC. 601. This title may be cited as the "Excellence in Education Act".

20 USC 4031 note.

STATEMENT OF PURPOSE

SEC. 602. It is the purpose of this title to make awards to local educational agencies, after a competitive selection process, in order to carry out programs of excellence in individual schools of such agencies designed to achieve excellence in education, which— (1) demonstrate successful techniques for improving the quality of education, (2) can be disseminated and replicated, and (3) are conducted with the participation of school principals, schoolteachers, parents, and business concerns in the locality.

20 USC 4031.

�


text:
Page:United States Statutes at Large Volume 98 Part 2.djvu/136

 98 STAT. 1296

PUBLIC LAW 98-377—AUG. 11, 1984 DEFINITIONS

20 USC 4032. 20 USC 2854.

SEC. 603. For the purpose of this title— (1) The term "elementary school" has the same meaning given that term under section 198(a)(7) of the Elementary and Secondary Education Act of 1965. (2) The term "local educational agency" has the same meaning given that term under section 198(a)(10) of the Elementary and Secondary Education Act of 1965. (3) The term "secondary school" has the same meaning given that term under section 198(a)(7) of the Elementary and Secondary Education Act of 1965. (4) The term "Secretary" means the Secretary of Education. (5) The term "State" means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands, the Northern Mariana Islands, and the Trust Territory of the Pacific Islands. (6) The term "State educational agency" has the same meaning given that term under section 198(a)(17) of the Elementary and Secondary Education Act of 1965. SCHOOL EXCELLENCE AWARDS AUTHORIZED

20 USC 4033.

Appropriations authorization.

SEC 604. (a) The Secretary is authorized, in accordance with the provisions of this title, to make awards to local educational agencies for school excellence programs which are consistent with the purpose of this title. (b)(1) There are authorized to be appropriated $16,000,000 for each of the fiscal years 1984 and 1985 to carry out the provisions of this title. (2) From the amount appropriated in each fiscal year, the Secretary shall reserve $3,000,000 in each fiscal year to carry out the provisions of section 607. (3) From the amount appropriated in each fiscal year, the Secretary shall reserve $1,000,000 in each fiscal year to carry out the provisions of section 608. SELECTION OF SCHOOLS FOR AWARDS

20 USC 4034.

SEC. 605. (a)(1) The Secretary is authorized to establish, in accordance with the provisions of this section, criteria for the selection of schools to receive awards under this title. Each local educational agency desiring to participate in the awards program authorized by this title shall submit a proposal nominating each specific school of that agency for school improvement activities designed to carry out the purpose of this title. Each such submission shall be made to the chief State school officer of the State in which the local educational agency is located. (2) The criteria required by paragraph (1) of this subsection shall include standards for each local educational agency to nominate schools of that agency— (A) which have the potential to experiment with standards of quality; and (B) which show promise of demonstrating that the school will carry out well-planned, creative, or innovative activities designed to carry out the purposes of this title in a successful manner. (3) Each proposal submitted under this subsection shall contain—

�


text:
Page:United States Statutes at Large Volume 98 Part 2.djvu/137

 PUBLIC LAW 98-377—AUG. 11, 1984

98 STAT. 1297

(A) a description of the activities which will be conducted in the school nominated, (B) assurances that the school to be nominated will carry out the activities so described, and (C) such other information as may be necessary to carry out paragraph (2) of this subsection. (b)(1)(A) The chief State school officer of each State shall in each fiscal year from the proposed nominations made pursuant to subsection (a) select twenty-five schools for submission to the Secretary. (B) In the case of the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands, the Northern Mariana Islands, and the Trust Territory of the Pacific Islands, the chief educational officer of such jurisdiction shall nominate five schools in accordance with this subsection. (2) In selecting schools from proposed nominations submitted under subsection (a), the chief State school officer shall assure a fair and equitable distribution of schools within the State, after considering— (A) all categories of elementary and secondary schools within the State, including elementary schools, junior high schools, secondary schools, vocational-technical schools, or any combination of two or more of the schools; (B) socioeconomic conditions in the State; (C) geographic distribution within the State; (D) school size; (E) the size and location of the community in which the school is located; (F) the local governmental arrangements between the government and the local educational agency making the nomination; (G) the potential for the proposed project to successfully demonstrate techniques for improving the quality of education which can be disseminated and replicated; and (H) such other relevant factors as the Secretary may prescribe. (3) Each State shall submit to the Secretary the school nominations made in accordance with this subsection. Each such submission may include such additional information as the chief State school officer (the chief educational officer as prescribed in paragraph (1)(B)), and the local educational agency concerned deem appropriate. (c)(1) The Secretary shall select not more than five hundred schools from among the nominations submitted pursuant to subsection (b) of this section. The selection under this subsection shall be made by the Secretary after an impartial review panel has considered each submission. The review and selection shall be based upon the factors described in subsection (b)(2) and in accordance with uniform criteria developed by the Secretary. (2) In making the selections under paragraph (1), the Secretary shall give priority to proposals which have the highest potential for successfully demonstrating techniques to improve the quality of education and which can be disseminated and replicated. In addition the Secretary shall give priority to proposals which have as their purposes— (A) modernization and improvement of secondary school curricula to improve student achievement in academic or vocational subjects, or both, and competency in basic functional skills;

• " ''"

i

€? C'i "' '

>;'

�


text:
Page:United States Statutes at Large Volume 98 Part 2.djvu/138

 98 STAT. 1298

PUBLIC LAW 98-377—AUG. 11, 1984 (B) the elimination of excessive electives and the establishment of increased graduation requirements in basic subjects; (C) improvement in student attendance and discipline through the demonstration of innovative student motivation techniques and attendance policies with clear sanctions to reduce student absenteeism and tardiness; (D) demonstrations designed to increase learning time for students; (E) experimentation providing incentives to teachers, and teams of teachers for outstanding performance, including financial awards, administrative relief such as the removal of paperwork and extra duties, and professional development; (F) demonstrations to increase student motivation and achievement through creative combinations of independent study, team teaching, laboratory experience, technology utilization, and improved career guidance and counseling; or (G) new and promising models of school-community and school-to-school relationships including the use of nonschool personnel to alleviate shortages in areas such as math, science, and foreign language instruction, as well as other partnerships between business and education, including the use of equipment. A M O U N T A N D CONDITIONS OF AWARDS

20 USC 4035.

Prohibition.

SEC. 606. (a)(1) A school award made to a local educational agency pursuant to this title may not exceed $25,000 in any fiscal year or a total of $40,000. (2) The amount of each individual school award made pursuant to this title shall be determined by the Secretary based upon the size of the school, the number of students enrolled in the school, and the number of teachers teaching in the school. (b) Awards made under this title may not be made for more than two school years. No individual school may be eligible for any additional award under this title. SPECIAL SCHOOL AWARDS

20 USC 4036.

SEC. 607. (a) From the amount reserved under section 604(b)(2) in any fiscal year, the Secretary is authorized to make awards to schools nominated in accordance with the provisions of section 605 to pay the Federal share of the activities described in the proposal if the local educational agency provides further assurances that funds from the private sector will be contributed for carrying out the activities for which assistance is sought. (b) For purposes of this section, the Federal share for each fiscal year shall be not less than 67% per centum nor more than 90 per centum. The Secretary shall set the Federal share for categories of school awards based upon uniform criteria established by the Secretary. RESEARCH, EVALUATION, DISSEMINATION, A N D MONITORING ACTIVITIES

20 USC 4037.

SEC. 608. (a) From the amount set aside under section 604(b)(3), the Secretary shall conduct research, evaluation, and dissemination activities to assure that exemplary projects and practices which are developed with assistance provided under this title are made available to local educational agencies throughout the United States.

�


text:
Page:United States Statutes at Large Volume 98 Part 2.djvu/139

 PUBLIC LAW 98-377—AUG. 11, 1984

98 STAT. 1299

(b) The Secretary shall use such amount of the funds reserved pursuant to section 604(bH3) as is necessary to carry out the provisions of this subsection. The Secretary shall establish an independent panel to monitor the success of the programs assisted by this title in achieving the national objectives in improving instruction and the achievement of the students.

Independent Monitoring Panels.

TITLE VII—MAGNET SCHOOLS ASSISTANCE AUTHORIZATION OF APPROPRIATIONS

SEC. 701. There are authorized to be appropriated $75,000,000 for each of the fiscal years 1984, 1985, and 1986 to carry out the provisions of this title.

20 USC 4051.

ELIGIBILITY

SEC. 702. A local educational agency is eligible to receive assistance under this title if the local educational agency— (1) has received $1,000,000 less in the first fiscal year after the repeal of the Emergency School Assistance Act by section 5 of the Omnibus Budget Reconciliation Act of 1981 as a result of the repeal of that Act; or (2) is implementing a plan undertaken pursuant to a final order issued by a court of the United States, or a court of any State, or any other State agency or official of competent jurisdiction, and which requires the desegregation of minority group segregated children or faculty in the elementary and secondary schools of such agency; or (3) without having been required to do so, has adopted and is implementing, or will, if assistance is made available to it under this title, adopt and implement, a plan which has been approved by the Secretary as adequate under title VI of the Civil Rights Act of 1964 for the desegregation of minority group segregated children or faculty in such schools. r,

20 USC 4052.

20 USC 3191. Discrimination, prohibition.

42 USC 2000d.

STATEMENT OF PURPOSE

SEC. 703. It is the purpose of this title— (1) to provide financial assistance to eligible local educational agencies to enable such agencies to establish and operate magnet schools; (2) to meet the special needs incident to the elimination of minority group segregation and discrimination among students and faculty in elementary and secondary schools; (3) to encourage the voluntary elimination, reduction, or prevention of minority group isolation in elementary and secondary schools with substantial proportions of minority group students; and (4) to encourage the development of courses of instruction within magnet schools that will substantially strengthen the knowledge of academic subjects and the grasp of tangible and marketable vocational skills of students attending such schools.

20 USC 4053.

Discrimination, prohibition.

PROGRAM AUTHORIZED

SEC. 704. The Secretary is authorized, in accordance with the provisions of this title, to make grants to eligible local educational agencies for use in magnet schools which are part of an approved

Grants. 20 USC 4054.

�


text:
Page:United States Statutes at Large Volume 98 Part 2.djvu/140

 98 STAT. 1300

PUBLIC LAW 98-877—AUG. 11, 1984

desegregation plan and which are designed to bring students from different social, economic, ethnic, and racial backgrounds together. DEFINITION

20 USC 4055.

SEC. 705. For the purpose of this title the term "magnet school" means a school or education center that offers a special curriculum capable of attracting substantial numbers of students of different racial backgrounds. USES OF FUNDS

Grants. 20 USC 4056.

SEC. 706. (a) Grants made under this title may be used by eligible local educational agencies for the planning for, and conduct of, programs in magnet schools, including— (1) courses of academic instruction offered at magnet schools; (2) courses of instruction in magnet schools offering secondary education or vocational education which is designed to increase the tangible and marketable skills of secondary school students and vocational school students; (3) the purchase of books, materials, and equipment including computers, which directly contribute to academic excellence and the purposes of this title; and (4) the payment of or subsidization of the compensation of elementary and secondary school teachers in magnet schools who are certified or licensed by the State and who are necessary to carry out the courses of instruction for which assistance is sought. APPLICATIONS AND REQUIREMENTS

20 USC 4057.

Discrimination, prohibition.

SEC. 707. (a) Each eligible local educational agency which desires to receive assistance under this title shall submit an application to the Secretary. Each such application shall be in such form as the Secretary may reasonably require. Each such application shall contain assurances that the local educational agency will meet the conditions enumerated in subsection (b). (b) As part of the annual application required by subsection (a), each eligible local educational agency shall certify that the agency agrees— (1) to use funds made available under this title for the purposes specified in section 703; (2) to employ teachers in the courses of instruction assisted under this title who are certified or licensed by the State to teach the subject matter of the courses of instruction; (3) to provide assurances that the local educational agency will not engage in discrimination based upon race, religion, color, or national origin in the hiring, promotion, or assignment of employees of the agency or other personnel for whom the agency has any administrative responsibility; (4) to provide assurances that the local educational agency will not engage in discrimination based upon race, religion, color, or national origin in the mandatory assignment of students to schools or to courses of instruction within schools of such agency except to carry out the approved plan; (5) to provide assurances that the local educational agency will not engage in discrimination based upon race, religion, color, or national origin in designing or operating extracurricular activities for students; and

�


text:
Page:United States Statutes at Large Volume 98 Part 2.djvu/141

 PUBLIC LAW 98-377—AUG. 11, 1984

98 STAT. 1301

(6) to provide such other assurances as the Secretary determines necessary to carry out the provisions of this title. (c) No application may be approved under this section unless the Assistant Secretary of Education for Civil Rights determines that the assurances contained in clauses (3), (4), and (5) will be met. SPECIAL CONSIDERATION

SEC. 708. In approving applications under this title the Secretary shall give special consideration to— (1) the recentness of the implementation of the approved plan or modification thereof; (2) the proportion of minority group children involved in the approved plan; (3) the need for assistance based on the expense or difficulty of effectively carrying out an approved plan and the program or projects for which assistance is sought; and (4) the degree to which the program or project for which assistance is sought affords promise of achieving the purposes of this title.

20 USC 4058.

PROHIBITION

SEC. 709. Grants under this title may not be used for consultants, for transportation, or for any activity which does not augment academic improvement, or for the courses of instruction the substance of which is secular humanism.

20 USC 4059.

LIMITATION ON PAYMENTS

SEC. 710. (a) No local educational agency may receive a grant under this title for more than one fiscal year unless the Secretary determines that the program for which assistance was provided in the first fiscal year is making satisfactory progress in achieving the purposes of this title. (b) No local educational agency may expend more than 10 percent of the amount that the agency receives in any fiscal year for planning. (c) No State shall reduce the amount of State aid with respect to the provision of free public education or the amount of assistance received under chapter 2 of the Education Consolidation and Improvement Act of 1981 in any school district of any local educational agency within such State because of assistance made or to be made available to such agency under this title, except that a State may reduce the amount of assistance received under such chapter 2 if the amount is attributable to clause (3) of section 577 (as in effect prior to the date of enactment of section 502 of the Education for Economic Security Act) but only to the extent the amount is so attributable. The Secretary may waive the prohibition against the reduction of assistance received under chapter 2 and permit such a reduction if the State demonstrates that the assistance under such chapter 2 is not necessary to the local education agency concerned.

20 USC 4060.

20 USC 38ii et ^^9 20 USC 3832.

20 USC 3811 et s«9

PAYMENTS

SEC. 711. (a) The Secretary shall pay to each local educational agency having an application under this title the amount set forth in the application. Payments under this title for a fiscal year shall

20 USC 4061

�


text:
Page:United States Statutes at Large Volume 98 Part 2.djvu/142

 98 STAT. 1302

PUBLIC LAW 98-377—AUG. 11, 1984

remain available for obligation and expenditure by the recipient until the end of the succeeding fiscal year. (b)(1) If a local educational agency in a State is prohibited by law from providing for the participation of children and staff enrolled or employed in private nonprofit elementary and secondary schools as required by this title, the Secretary may waive such requirement with respect to local educational agencies in such State and, upon the approval of an application from a local educational agency within such State, shall arrange for the provision of services to such children enrolled in, or teachers or other educational staff of, any nonprofit private elementary or secondary school located within the school district of such agency if the participation of such children and staff would assist in achieving the purpose of this title. The services to be provided through arrangements made by the Secretary under this paragraph shall be comparable to the services to be provided by such local educational agency under such application. (2) In determining the amount to be paid pursuant to paragraph (1), the Secretary shall take into account the number of children and teachers and other educational staff who, except for provisions of State law, might reasonably be expected to participate in the program carried out under this title by such local educational agency. (3) If the Secretary determines that a local educational agency has substantially failed to provide for the participation on an equitable basis of children and staff enrolled or employed in private nonprofit elementary and secondary schools, the Secretary shall arrange for the provision of services to children enrolled in, or teachers or other educational staff of, the nonprofit private elementary or secondary school or schools located within the school district of such local educational agency, which services shall, to the maximum extent feasible, be identical with the services which would have been provided such children or staff had the local educational agency carried out such assurance. The Secretary shall pay the cost of such services from the grant to such local educational agency and shall have the authority for this purpose of recovering from such agency any funds paid to it under such grant. WITHHOLDING

20 USC 4062. 20 USC 1234b, 1234c. The Equal

SEC. 712. The provisions of sections 453 and 454 of the General Education Provisions Act, relating to withholding and cease and desist orders, shall apply to the program authorized by this title. TITLE VIII—THE EQUAL ACCESS ACT

Access Act. SHORT TITLE

20 USC 4071

SEC. 801. This title may be cited as "The Equal Access Act",

note. DENIAL OF EQUAL ACCESS PROHIBITED

20 USC 4071.

SEC. 802. (a) It shall be unlawful for any public secondary school which receives Federal financial assistance and which has a limited open forum to deny equal access or a fair opportunity to, or discriminate against, any students who wish to conduct a meeting within that limited open forum on the basis of the religious, political, philosophical, or other content of the speech at such meetings, (b) A public secondary school has a limited open forum whenever such school grants an offering to or opportunity for one or more

�


text:
Page:United States Statutes at Large Volume 98 Part 2.djvu/143

 PUBLIC LAW 98-377—AUG. 11, 1984

98 STAT. 1303

noncurriculum related student groups to meet on school premises during noninstructional time. (c) Schools shall be deemed to offer a fair opportunity to students who wish to conduct a meeting within its limited open forum if such school uniformly provides that— (1) the meeting is voluntary and student-initiated; (2) there is no sponsorship of the meeting by the school, the government, or its agents or employees; (3) employees or agents of the school or government are present at religious meetings only in a nonparticipatory capacity; (4) the meeting does not materially and substantially interfere with the orderly conduct of educational activities within the school; and (5) nonschool persons may not direct, conduct, control, or regularly attend activities of student groups. (d) Nothing in this title shall be construed to authorize the United States or any State or political subdivision thereof— (1) to influence the form or content of any prayer or other religious activity; (2) to require any person to participate in prayer or other religious activity; (3) to expend public funds beyond the incidental cost of providing the space for student-initiated meetings; (4) to compel any school agent or employee to attend a school meeting if the content of the speech at the meeting is contrary to the beliefs of the agent or employee; (5) to sanction meetings that are otherwise unlawful; (6) to limit the rights of groups of students which are not of a specified numerical size; or (7) to abridge the constitutional rights of any person. (e) Notwithstanding the availability of any other remedy under the Constitution or the laws of the United States, nothing in this title shall be construed to authorize the United States to deny or withhold Federal financial assistance to any school. (f) Nothing in this title shall be construed to limit the authority of the school, its agents or employees, to maintain order and discipline on school premises, to protect the well-being of students and faculty, and to assure that attendance of students at meetings is voluntary.

DEFINITIONS

SEC. 803. As used in this title— (1) The term "secondary school" means a public school which provides secondary education as determined by State law. (2) The term "sponsorship" includes the act of promoting, leading, or participating in a meeting. The assignment of a teacher, administrator, or other school employee to a meeting for custodial purposes does not constitute sponsorship of the meeting. (3) The term "meeting" includes those activities of student groups which are permitted under a school's limited open forum and are not directly related to the school curriculum. (4) The term "noninstructional time" means time set aside by the school before actual classroom instruction begins or after actual classroom instruction ends.

20 USC 4072.

'*

�


text:
Page:United States Statutes at Large Volume 98 Part 2.djvu/144

 98 STAT. 1304

PUBLIC LAW 98-377—AUG. 11, 1984 SEVERABILITY

20 USC 4073.

SEC. 804. If any provision of this title or the application thereof to any person or circumstances is judicially determined to be invalid, the provisions of the remainder of the title and the application to other persons or circumstances shall not be affected thereby. CONSTRUCTION

20 USC 4074.

SEC. 805. The provisions of this title shall supersede all other provisions of Federal law that are inconsistent with the provisions of this title. Approved August 11, 1984.

LEGISLATIVE HISTORY—H.R. 1310 (S. 1285): HOUSE REPORT No. 98-6, Pt. 1 (Comm. on Education and Labor) and Pt. 2 (Comm. on Science and Technology). SENATE REPORT No. 98-151 accompanying S. 1285 (Comm. on Labor and Human Resources). CONGRESSIONAL RECORD: Vol. 129 (1983): Mar. 2, considered and passed House. Vol. 130 (1984): June 6, 26, S. 1285 considered in Senate. June 27, considered and passed Senate, amended, in lieu of S. 1285. July 25, House concurred in Senate amendment. WEEKLY eOMPILATION OF PRESIDENTIAL DOOUMENTS, Vol. 20, No. 33 (1984): Aug. 11, Presidential statement.

�


text: Appletons' Cyclopædia of American Biography/Rose, Ernestine Louise Lasmond Potowsky


text:
Page:United States Statutes at Large Volume 98 Part 2.djvu/145

 PUBLIC LAW 98-378—AUG. 16, 1984

Public Law 98-378 98th Congress

98 STAT. 1305

An Act

To amend part D of title IV of the Social Security Act to assure, through mandatory income withholding, incentive payments to States, and other improvements in the child support enforcement program, that all children in the United States who are in need of assistance in securing financial support from their parents will receive such assistance regardless of their circumstances, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SHORT TITLE; T A B L E OF C O N T E N T S

SECTION 1. This Act may be cited as the "Child Support Enforcement Amendments of 1984".

Aug. 16, 1984 [H.R. 4325]

Child Support Enforcement Amendments of 1984. 42 USC 1305 note.

TABLE OF C O N T E N T S

Sec. 1. Short title; table of contents. Sec. 2. Purpose of the program. Sec. 3. Improved child support enforcement through required State laws and procedures. Sec. 4. Federal matching of administrative costs. Sec. 5. Federal incentive payments. Sec. 6. 90-percent matching for automated management systems used in income withholding and other required procedures. Sec. 7. Continuation of support enforcement for AFDC recipients whose benefits are being terminated. Sec. 8. Special project grants to promote improvements in interstate enforcement. Sec. 9. Periodic review of effectiveness of State programs; modification of penalty. Sec. 10. Extension of section 1115 demonstration authority to child support enforcement program. Sec. 11. Child support enforcement for certain children in foster care. Sec. 12. Enforcement with respect to both child and spousal support. Sec. 13. Modifications in content of annual report of the Secretary. Sec. 14. Requirement that availability of child support enforcement services be publicized. Sec. 15. State Commissions on child support. Sec. 16. Inclusion of medical support in child support orders. Sec. 17. Increased availability of Federal parent locator service to State agencies. Sec. 18. State guidelines for child support awards. Sec. 19. Availability of social security numbers for child support enforcement purposes. Sec. 20. Extension of eligibility under title XIX when support collection results in termination of AFDC eligibility. Sec. 21. Collection of past-due support from Federal tax refunds. Sec. 22. Wisconsin child support initiative. Sec. 23. Sense of the Congress that State and local governments should focus on the problems of child custody, child support, and related domestic issues. PURPOSE OF THE PROGRAM

SEC. 2. Section 451 of the Social Security Act is amended by 42 USC 651. striking out "and obtaining child and spousal support," and inserting in lieu thereof "obtaining child and spousal support, and assuring that assistance in obtaining support will be available under this

�


text:
Page:United States Statutes at Large Volume 98 Part 2.djvu/146

 98 STAT. 1306 42 USC 601.

PUBLIC LAW 98-378—AUG. 16, 1984

part to all children (whether or not eligible for aid under part A) for whom such assistance is requested,". IMPROVED CHILD SUPPORT ENFORCEMENT THROUGH REQUIRED STATE LAWS AND PROCEDURES

42 USC 654.

SEC. 8. (a) Section 454 of the Social Security Act is amended— (1) by striking out "and" at the end of paragraph (18); (2) by striking out the period at the end of paragraph (19) and inserting in lieu thereof "; and"; and (3) by adding after paragraph (19) the following new paragraph: "(20) provide, to the extent required by section 466, that the State (A) shall have in effect all of the laws to improve child support enforcement effectiveness which are referred to in that section, and (B) shall implement the procedures which are prescribed in or pursuant to such laws.", (b) Part D of title IV of such Act is further amended by adding at the end thereof the following new section: "REQUIREMENT OF STATUTORILY PRESCRIBED PROCEDURES TO IMPROVE EFFECTIVENESS OF CHILD SUPPORT ENFORCEMENT

42 USC 666. Supra.

Ante, p. 1145. Post, p. 1317. 42 USC 602. Post, p, 1318. Post, pp. 1310, 1319, 1324. 42 USC 654.

"SEC. 466. (a) In order to satisfy section 454(20)(A), each State must have in effect laws requiring the use of the following procedures, consistent with this section and with regulations of the Secretary, to increase the effectiveness of the program which the State administers under this part: "(1) Procedures described in subsection (b) for the withholding from income of amounts payable as support. "(2) Procedures under which expedited processes (determined in accordance with regulations of the Secretary) are in effect under the State judicial system or under State administrative processes (A) for obtaining and enforcing support orders, and (B) at the option of the State, for establishing paternity. The Secretary may waive the provisions of this paragraph with respect to one or more political subdivisions within the State on the basis of the effectiveness and timeliness of support order issuance and enforcement within the political subdivision (in accordance with the general rule for exemptions under subsection (d)). "(3) Procedures under which the State child support enforcement agency shall request, and the State shall provide, that for the purpose of enforcing a support order under any State plan approved under this part— "(A) any refund of State income tax which would otherwise be payable to an absent parent will be reduced, after notice has been sent to that absent parent of the proposed reduction and the procedures to be followed to contest it (and after full compliance with all procedural due process requirements of the State), by the amount of any overdue support owed by such absent parent; (B) the amount by which such refund is reduced shall be distributed in accordance with section 457(b)(4) or (d)(3) in the CEise of overdue support assigned to a State pursuant to section 402(a)(26) or 471(a)(17), or, in the case of overdue support which a State has agreed to collect under section 454(6), shall be distributed, after deduction of any fees

�


text:
Author:William Marshall

Articles in Popular Science Monthly

 * 1.
 * 2.
 * 3.

title: Author:William Marshall


text:
Page:United States Statutes at Large Volume 98 Part 2.djvu/147

 PUBLIC LAW 98-378—AUG. 16, 1984

98 STAT. 1307

imposed by the State to cover the costs of collection, to the child or parent to whom such support is owed; and "(C) notice of the absent parent's social security account number (or numbers, if he has more than one such number) and home address shall be furnished to the State agency requesting the refund offset, and to the State agency enforcing the order. "(4) Procedures under which liens are imposed against real and personal property for amounts of overdue support owed by ,. an absent parent who resides or owns property in the State. "(5) Procedures which permit the establishment of the paternity of any child at any time prior to such child's eighteenth birthday. "(6) Procedures which require that an absent parent give ,_..-,.. security, post a bond, or give some other guarantee to secure payment of overdue support, after notice has been sent to such absent parent of the proposed action and of the procedures to be followed to contest it (and after full compliance with all procedural due process requirements of the State). "(7) Procedures by which information regarding the amount of overdue support owed by an absent parent residing in the State will be made available to any consumer reporting agency (as defined in section 603(f) of the Fair Credit Reporting Act (15 U.S.C. 1681a(f))) upon the request of such agency; except that (A) if the amount of the overdue support involved in any case is less than $1,000, information regarding such amount shall be made available only at the option of the State, (B) any information with respect to an absent parent shall be made available under such procedures only after notice has been sent to such absent parent of the proposed action, and such absent parent has been given a reasonable opportunity to contest the accuracy of such information (and after full compliance with all procedural due process requirements of the State), and (C) a fee for furnishing such information, in an amount not exceeding the actual cost thereof, may be imposed on the requesting agency by the State. "(8) Procedures under which all child support orders which are issued or modified in the State will include provision for withholding from wages, in order to assure that withholding as a means of collecting child support is available if arrearages occur without the necessity of filing application for services under this part. Notwithstanding section 454(20)(B), the procedures which are re- Ante, p. 1306. quired under paragraphs (3), (4), (6), and (7) need not be used or applied in cases where the State determines (using guidelines which are generally available within the State and which take into account the payment record of the absent parent, the availability of other remedies, and other relevant considerations) that such use or application would not carry out the purposes of this part or would be otherwise inappropriate in the circumstances. "(b) The procedures referred to in subsection (a)(1) (relating to the Withholding of withholding from income of amounts payable as support) must income. provide for the following: "(1) In the case of each absent parent against whom a support order is or has been issued or modified in the State, and is being enforced under the State plan, so much of such parent's wages (as defined by the State for purposes of this section) must be withheld, in accordance with the succeeding provisions of this

�


text:
Page:United States Statutes at Large Volume 98 Part 2.djvu/148

 98 STAT. 1308

42 USC 503.

42 USC 601.

PUBLIC LAW 98-378—AUG. 16, 1984 subsection, as is necessary to comply with the order and provide for the payment of any fee to the employer which may be required under paragraph (6)(A), up to the maximum amount permitted under section 303(b) of the Consumer Credit Protection Act (15 U.S.C. 1673(b)). If there are arrearages to be collected, amounts withheld to satisfy such arrearages, when added to the amounts withheld to pay current support and provide for the fee, may not exceed the limit permitted under such section 303(b), but the State need not withhold up to the maximum amount permitted under such section in order to satisfy arrearages. "(2) Such withholding must be provided without the necessity of any application therefor in the case of a child (whether or not eligible for aid under part A) with respect to whom services are already being provided under the State plan under this part, and must be provided in accordance with this subsection on the basis of an application for services under the State plan in the case of any other child in whose behalf a support order has been issued or modified in the State. In either case such withholding must occur without the need for any amendment to the support order involved or for any further action (other than those actions required under this part) by the court or other entity which issued such order. "(3) An absent parent shall become subject to such withholding, and the advance notice required under paragraph (4) shall be given, on the earliest of— "(A) the date on which the payments which the absent parent has failed to make under such order are at least equal to the support payable for one month, "(B) the date as of which the absent parent requests that such withholding begin, or "(C) such earlier date as the State may select. "(4)(A) Such withholding must be carried out in full compliance with all procedural due process requirements of the State, and (subject to subparagraph (B)) the State must send advance notice to each absent parent to whom paragraph (1) applies regarding the proposed withholding and the procedures such absent parent should follow if he or she desires to contest such withholding on the grounds that withholding (including the amount to be withheld) is not proper in the case involved because of mistakes of fact. If the absent parent contests such withholding on those grounds, the State shall determine whether such withholding will actually occur, shall (within no more than 45 days after the provision of such advance notice) inform such parent of whether or not withholding will occur and (if so) of the date on which it is to begin, and shall furnish such parent with the information contained in any notice given to the employer under paragraph (6)(A) with respect to such withholding. "(B) The requirement of advance notice set forth in the first sentence of subparagraph (A) shall not apply in the case of any State which has a system of income withholding for child support purposes in effect on the date of the enactment of this section if such system provides on that date, and continues to provide, such procedures as may be necessary to meet the procedural due process requirements of State law.

�


text:
Page:United States Statutes at Large Volume 98 Part 2.djvu/149

 PUBLIC LAW 98-378—AUG. 16, 1984

98 STAT. 1309

"(5) Such withholding must be administered by a public agency designated by the State, and the amounts withheld must be expeditiously distributed by the State or such agency in accordance with section 457 under procedures (specified by the 42 USC 657. State) adequate to document payments of support and to track and monitor such payments, except that the State may establish or permit the establishment of alternative procedures for the collection and distribution of such amounts (under the supervision of such public agency) otherwise than through such public agency so long as the entity making such collection and distribution is publicly accountable for its actions taken in carrying out such procedures, and so long as such procedures will assure prompt distribution, provide for the keeping of adequate records to document payments of support, and permit the tracking and monitoring of such payments. "(6)(A)(i) The employer of any absent parent to whom paragraph (1) applies, upon being given notice as described in clause (ii), must be required to withhold from such absent parent's wages the amount specified by such notice (which may include a fee, established by the State, to be paid to the employer unless waived by such employer) and pay such amount (after deducting and retaining any portion thereof which represents the fee so established) to the appropriate agency (or other entity authorized to collect the amounts withheld under the alternative procedures described in paragraph (5)) for distribution in accordance with section 457. "(ii) The notice given to the employer shall contain only such information as may be necessary for the employer to comply with the withholding order. "(B) Methods must be established by the State to simplify the withholding process for employers to the greatest extent possible, including permitting any employer to combine all withheld amounts into a single payment to each appropriate agency or entity (with the portion thereof which is attributable to each individual employee being separately designated). "(C) The employer must be held liable to the State for any amount which such employer fails to withhold from wages due an employee following receipt by such employer of proper notice under subparagraph (A), but such employer shall not be required to vary the normal pay and disbursement cycles in order to comply with this paragraph. "(D) Provision must be made for the imposition of a fine against any employer who discharges from employment, refuses to employ, or takes disciplinary action against any absent parent subject to wage withholding required by this subsection because of the existence of such withholding and the obligations or additional obligations which it imposes upon the employer. "(7) Support collection under this subsection must be given priority over any other legal process under State law against the same wages. "(8) The State may take such actions as may be necessary to extend its system of withholding under this subsection so that such system will include withholding from forms of income other than wages, in order to assure that child support owed by absent parents in the State will be collected without regard to the types of such absent parents' income or the nature of their income-producing activities.

>

'

�


text:
Page:United States Statutes at Large Volume 98 Part 2.djvu/150

 98 STAT. 1310

42 USC 654.

Exemption.

PUBLIC LAW 98-378—AUG. 16, 1984

"(9) The State must extend its withholding system under this subsection so that such system will include withholding from income derived within such State in cases where the applicable support orders were issued in other States, in order to assure that child support owed by absent parents in such State or any other State will be collected without regard to the residence of the child for whom the support is payable or of such child's custodial parent. "(10) Provision must be made for terminating withholding. "(c) Any State may at its option, under its plan approved under section 454, establish procedures under which support payments under this part will be made through the State agency or other entity which administers the State's income withholding system in any case where either the absent parent or the custodial parent requests it, even though no arrearages in child support payments are involved and no income withholding procedures have been instituted; but in any such case an annual fee for handling and processing such payments, in an amount not exceeding the actual costs incurred by the State in connection therewith or $25, whichever is less, shall be imposed on the requesting parent by the State. "(d) If a State demonstrates to the satisfaction of the Secretary, through the presentation to the Secretary of such data pertaining to caseloads, processing times, administrative costs, and average support collections, and such other data or estimates as the Secretary may specify, that the enactment of any law or the use of any procedure or procedures required by or pursuant to this section will not increase the effectiveness and efficiency of the State child support enforcement program, the Secretary may exempt the State, subject to the Secretary's continuing review and to termination of the exemption should circumstances change, from the requirement to enact the law or use the procedure or procedures involved. "(e) For purposes of this section, the term 'overdue support' means the amount of a delinquency pursuant to an obligation determined under a court order, or an order of an administrative process established under State law, for support and maintenance of a minor child which is owed to or on behalf of such child, or for support and maintenance of the absent parent's spouse (or former spouse) with whom the child is living if and to the extent that spousal support (with respect to such spouse or former spouse) would be included for purposes of paragraph (4) or (6) of section 454. At the option of the State, overdue support may include amounts which otherwise meet the definition in the first sentence of this subsection but which are owed to or on behalf of a child who is not a minor child. The option to include support owed to children who are not minors shall apply independently to each procedure specified under this section.". (c) Section 454(6)(B) of such Act is amended to read as follows: "(B) an application fee for furnishing such services shall be imposed, which shall be paid by the individual applying for such services, or recovered from the absent parent, or paid by the State out of its own funds (the payment of which from State funds shall not be considered as an administrative cost of the State for the operation of the plan, and shall be considered income to the program), the amount of which (i) will not exceed $25 (or such higher or lower amount (which shall be uniform for all States) as the Secretary may determine to be appropriate for any fiscal year to reflect increases or decreases in

�


text:
Page:United States Statutes at Large Volume 98 Part 2.djvu/151

 PUBLIC LAW 98-378—AUG. 16, 1984

98 STAT. 1311

administrative costs), and (ii) may vary among such individuals on the basis of ability to pay (as determined by the State), and". (d) Section 454 of such Act (as amended by subsection (a) of this section) is further amended— (1) by striking out "and" at the end of paragraph (19); (2) by striking out the period at the end of paragraph (20) and inserting in lieu thereof "; and"; and (3) by adding after paragraph (20) the following new paragraph: "(21)(A) at the option of the State, impose a late payment fee on all overdue support (as defined in section 466(e)) under any obligation being enforced under this part, in an amount equal to a uniform percentage determined by the State (not less than 3 percent nor more than 6 percent) of the overdue support, which shall be payable by the absent parent owing the overdue support; and "(B) assure that the fee will be collected in addition to, and only after full payment of, the overdue support, and that the imposition of the late payment fee shall not directly or indirectly result in a decrease in the amount of the support which is paid to the child (or spouse) to whom, or on whose behalf, it is owed.". (e) Section 454(5) of such Act is amended by inserting after "directly to the family" the following: ", and the individual will be notified at least annually of the amount of the support payments collected;". (f) Section 454 of such Act is further amended by adding at the end thereof (after and below paragraph (21) (as added by subsection (d) of this section)) the following new sentence: "The State may allow the jurisdiction which makes the collection involved to retain any application fee under paragraph (6)(B) or any late payment fee under paragraph (21).". (g)(1) Except as provided in paragraphs (2) and (3), the amendments made by this section shall become effective on October 1, 1985. (2) Section 454(21) of the Social Security Act (as added by subsection (d) of this section), and section 466(e) of such Act (as added by subsection (b) of this section), shall be effective with respect to support owed for any month beginning after the date of the enactment of this Act. (3) In the case of a State with respect to which the Secretary of Health and Human Services has determined that State legislation is required in order to conform the State plan approved under part D of title IV of the Social Security Act to the requirements imposed by any amendment made by this section, the State plan shall not be regarded as failing to comply with the requirements of such part solely by reason of its failure to meet the requirements imposed by such amendment prior to the beginning of the fourth month beginning after the end of the first session of the State legislature which ends on or after October 1, 1985. For purposes of the preceding sentence, the term "session" means a regular, special, budget, or other session of a State legislature.

Ante, p. 1306.

Ante, p. 1306.

• ! 42 USC 654.

'

' i

Supra. Ante, p. 1310. Effective dates, 42 USC 654 note. Supra. Ante, p. 1306.

42 USC 651.

FEDERAL MATCHING OF ADMINISTRATIVE COSTS

SEC. 4. (a) Section 455(a) of the Social Security Act is amended— 42 USC 655. (1) by inserting "(1)" after "(a)";

�


text: Author:Éleuthère Élie Nicolas Mascart

title: Author:Éleuthère Élie Nicolas Mascart


text:
Page:United States Statutes at Large Volume 98 Part 2.djvu/152

 98 STAT. 1312

PUBLIC LAW 98-378—AUG. 16, 1984

(2) by striking out ", beginning with the quarter commencing July 1, 1975,"; (3) by striking out paragraph (2) and redesignating paragraphs (1) and (3) as subparagraphs (A) and (B), respectively; (4) by amending paragraph (1)(A) as so redesignated to read as follows: "(A) equal to the percent specified in paragraph (2) of the total amounts expended by such State during such quarter for the operation of the plan approved under section 454, and"; (5) in paragraph (1)(B) as so redesignated, by striking out "specified in clause (1) or (2)" and inserting in lieu thereof "specified in subparagraph (A)"; and (6) by adding at the end thereof the following new paragraph: "(2) The percent applicable to quarters in a fiscal year for purposes of paragraph (1)(A) is— "(A) 70 percent for fiscal years 1984, 1985, 1986, and 1987, "(B) 68 percent for fiscal years 1988 and 1989, and "(C) 66 percent for fiscal year 1990 and each fiscal year (b) Subsections (d)(1)(B), (d)(2)(A), (d)(2)(B), and (e) of section 452 of such Act are each amended by striking out "455(a)(3)" and inserting in lieu thereof "455(a)(1)(B)". Effective date. (c) The amendments made by this section shall apply to fiscal 42 USC 652 note, years after fiscal year 1983. 42 USC 652.

FEDERAL INCENTIVE PAYMENTS

42 USC 658.

SEC. 5. (a) Section 458 of the Social Security Act is amended to read as follows: "INCENTIVE PAYMENTS TO STATES

42 USC 602. Post, p. 1318.

"SEC. 458. (a) In order to encourage and reward State child support enforcement programs which perform in a cost-effective and efficient manner to secure support for all children who have sought assistance in securing support, whether such children reside within the State or elsewhere and whether or not they are eligible for aid to families with dependent children under a State plan approved under part A of this title, and regardless of the economic circumstances of their parents, the Secretary shall, from support collected which would otherwise represent the Federal share of assistance to families of absent parents, pay to each State for each fiscal year, on a quarterly basis (as described in subsection (e)) beginning with the quarter commencing October 1, 1985, an incentive payment in an amount determined under subsection (b). "(b)(1) Except as provided in paragraphs (2), (3), and (4), the incentive payment shall be equal to— "(A) 6 percent of the total amount of support collected under the plan during the fiscal year in cases in which the support obligation involved is assigned to the State pursuant to section 402(a)(26) or section 471(a)(17) (with such total amount for any fiscal year being hereafter referred to in this section as the State's 'AFDC collections' for that year), plus "(B) 6 percent of the total amount of support collected during the fiscal year in all other cases under this part (with such total amount for any fiscal year being hereafter referred to in this section as the State's 'non-AFDC collections' for that year).

�


text:
Page:United States Statutes at Large Volume 98 Part 2.djvu/153

 PUBLIC LAW 98-378—AUG. 16, 1984

98 STAT. 1313

"(2) If subsection (c) applies with respect to a State's AFDC collections or non-AFDC collections for any fiscal year, the percent specified in paragraph (1)(A) or (B) (with respect to such collections) shall be increased to the higher percent determined under such subsection (with respect to such collections) in determining the State's incentive payment under this subsection for that year. "(3) The dollar amount of the portion of the States incentive payment for any fiscal year which is determined on the basis of its non-AFDC collections under paragraph (1)(B) (after adjustment under subsection (c) if applicable) shall in no case exceed— "(A) the dollar amount of the portion of such payment which is determined on the basis of its AFDC collections under paragraph (1)(A) (after adjustment under subsection (c) if applicable) in the case of fiscal year 1986 or 1987; "(B) 105 percent of such dollar amount in the case of fiscal year 1988; "(C) 110 percent of such dollar amount in the case of fiscal year 1989; or "(D) 115 percent of such dollar amount in the case of fiscal year 1990 or any fiscal year thereafter. "(4) The Secretary shall make such additional payments to the State under this part, for fiscal year 1986 or 1987, as may be necessary to assure that the total amount of payments under this section and section 455(a)(1)(A) for such fiscal year is no less than 80 percent of the amount that would have been payable to that State and its political subdivisions for such fiscal year under this section and section 455(a)(1)(A) if those sections (including the amendment made by section 5(c)(2)(A) of the Child Support Enforcement Amendments of 1984) had remained in effect as they were in effect for fiscal year 1985. "(c) If the total amount of a State's AFDC collections or non-AFDC collections for any fiscal year bears a ratio to the total amount expended by the State in that year for the operation of its plan approved under section 454 for which payment may be made under section 455 (with the total amount so expended in any fiscal year being hereafter referred to in this section as the State's 'combined AFE)C/non-AFDC administrative costs' for that year) which is equal to or greater than 1.4, the relevant percent specified in subparagraph (A) or (B) of subsection (b)(1) (with respect to such collections) shall be increased to— "(1) 6.5 percent, plus "(2) one-half of 1 percent for each full two-tenths by which such ratio exceeds 1.4; except that the percent so specified shall in no event be increased (for either AFDC collections or non-AFDC collections) to more than 10 percent. For purposes of the preceding sentence, laboratory costs incurred in determining paternity in any fiscal year may at the option of the State be excluded from the State's combined AFDC/ non-AFDC administrative costs for that year. "(d) In computing incentive payments under this section, support which is collected by one State on behalf of individuals residing in another State shall be treated as having been collected in full by each such State. "(e) The amounts of the incentive payments to be made to the various States under this section for any fiscal year shall be estimated by the Secretary at or before the beginning of such year on the basis of the best information available. The Secretary shall

.; (,,^,,^^

Ante, p. 1311.

i ' Ante, p. 1312.

42 USC 654. 42 USC 655.

, iu

A.

�


text:
Page:United States Statutes at Large Volume 98 Part 2.djvu/154

 98 STAT. 1314

Ante, p. 1306.

Effective dates. 42 USC 658 note. Ante, p. 1312.

Ante, p. 1145. 42 USC 658 note. Ante, p. 1145.

PUBLIC LAW 98-378—AUG. 16, 1984

make such payments for such year, on a quarterly basis (with each quarterly payment being made no later than the beginning of the quarter involved), in the amounts so estimated, reduced or increased to the extent of any overpayments or underpayments which the Secretary determines were made under this section to the States involved for prior periods and with respect to which adjustment has not already been made under this subsection. Upon the making of any estimate by the Secretary under the preceding sentence, any appropriations available for payments under this section shall be deemed obligated.". (b) Section 454 of such Act (as amended by subsections (a), (d), and (f) of section 3 of this Act) is amended— (1) by striking out "and" at the end of paragraph (20); (2) by striking out the period at the end of paragraph (21) and inserting in lieu thereof "; and"; and (3) by inserting immediately after paragraph (21) the following new paragraph: (22) in order for the State to be eligible to receive any incentive payments under section 458, provide that, if one or more political subdivisions of the State participate in the costs of carrying out activities under the State plan during any period, each such subdivision shall be entitled to receive an appropriate share (as determined by the State) of any such incentive payments made to the State for such period, taking into account the efficiency and effectiveness of the activities carried out under the State plan by such political subdivision.". (c)(1) The amendments made by the preceding provisions of this section shall become effective on October 1, 1985. (2)(A) Effective until September 30, 1985, section 458(a) of the Social Security Act is amended by striking out "distributed as provided in section 457 to reduce or repay assistance payments" and inserting in lieu thereof "distributed as provided in paragraphs (1), (2), and (4)(A) of section 457(b)". (B) The reference to provisions of section 457(b) of the Social Security Act in the amendment made by subparagraph (A) of this paragraph is a reference to such provisions as in effect after the effective date of section 2640(b) of the Deficit Reduction Act of 1984. 90-PERCENT MATCHING FOR AUTOMATED MANAGEMENT SYSTEMS USED IN INCOME WITHHOLDING AND OTHER REQUIRED PROCEDURES

42 USC 654.

Ante, p. 1311.

SEC. 6. (a) Section 454(16) of the Social Security Act is amended by striking out "and (D)" and inserting in lieu thereof the following: "(D) to facilitate the development and improvement of the income withholding and other procedures required under section 466(a) through the monitoring of support payments, the maintenance of accurate records regarding the payment of support, and the prompt provision of notice to appropriate officials with respect to any arrearages in support payments which may occur, and (E)". (b) Section 455(a)(1)(B) of such Act (as redesignated by section 4(a) of this Act) is amended— (1) by inserting after "automatic data processing and information retrieval system" the following: "(including in such sums the full cost of the hardware components of such system)"; and (2) by inserting before the semicolon at the end thereof the following: ", or meets such requirements without regard to clause (D) thereof.

�