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 PUBLIC LAW 95-478—OCT. 18, 1978

92 STAT. 1539

"(D) study the possibility of transferring to a single r administrative unit the responsibility for the administration V of all Federal transportation programs for older individuals; and "(3) conducting a study related to the differences in unit costs, service delivery, and access between rural areas and urban areas for services assisted under this Act and the special needs of the elderly residing in rural areas. "(c) Upon completion of the studies described in subsection (b), but not later than 2 years after the date of the enactment of the Comprehensive Older Americans Act Amendments of 1978, the Commissioner shall submit to the Congress and make available through the National Information and Resource Clearing House for the Aging the results of the studies, together with such recommendations as he deems necessary.". (3) Section 412 is hereby repealed. (c)(1) Title IV is amended— (A) by redesignating part C and part E as part D and part F, respectively; (B) by redesignating sections 421, 431, and 432 of sections 441, 451, and 452, respectively; and (C) by inserting after part B the following new parts:

Study.

Submittal of study results to Congress.

Repeal. 42 USC 3035a. 42 USC 3031. 42 USC 3036, 3037. 42 USC 3036, 3037, 3037a.

"PART C—DISCRETIONARY PROJECTS AND PROGRAMS "DEMONSTRATION PROJECTS

"SEC. 421. (a) The Commissioner may, after consultation with the State agency in the State involved, make grants to any public agency or nonprofit private organization or enter into contracts with any agency or organization within such State for paying part or all of the cost of developing or operating nationwide, statewide, regional, metropolitan area, county, city, or community model projects which will demonstrate methods to improve or expand social services or nutrition services or otherwise promote the well-being of older individuals. The Commissioner shall give special consideration to the funding of rural area agencies on aging to conduct model projects devoted to the special needs of the rural elderly. Such projects shall include alternative health care delivery systems, advocacy and outreach programs, and transportation services. "(b) In making grants and contracts under this section, the Commissioner shall give special consideration to projects designed to—• "(1) assist in meeting the special housing needs of older individuals by— "(A) providing financial assistance to such individuals, who own their own homes, necessary to enable them to make the repairs or renovations to their homes, which are necessary for them to meet minimum standards; "(B) studying and demonstrating methods of adapting existing housing, or construction of new housing, to meet the needs of older individuals suffering from physical disabilities; and "(C) demonstrating alternative methods of relieving older individuals of the burden of real property taxes on their homes; " (2) provide continuing education to older individuals designed

Grants and contracts.

42 USC 3035b.

Housing assistance.

Continuing education.

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The New International Encyclopædia/Gentianaceæ

GENTIANACEÆ, (Neo-Lat. nom. pl., from Lat. gentiana, gentian), the gentian family. An order of dicotyledonous plants, most of which are herbaceous, though a few are small shrubs. Many of the herbaceous species are perennial from a rhizome. The leaves are, for the most part, opposite, and without stipules. The inflorescence is some form of cyme, and the flowers are usually regular. The calyx is 5, sometimes 4, 6, 8, or 10 parted. The corolla, which is hypogynous, has the same number of lobes as the calyx. The stamens are of the same number as the corolla-lobes and the ovary, which consists of two carpels, and contains numerous small seeds. The family embraces about 60

genera and more than 700 species. Species of this order are found in nearly every part of the globe, and in all sorts of situations. Some are arctic and alpine plants, some are saprophytes, some grow in dry situations, others in marshes, while the species of one genus are aquatic in habit. The flowers of many are of great beauty both as to color and form, and some are cultivated as ornamentals. Medicinal properties are attributed to some. The genera of this order have been variously grouped dependent upon the characters used, one of the latest classifications being based upon pollen characters. The chief genera are: Gentiana, Erythræa, Chlora, Swertia, Menyanthes, Limnanthemum, and Voyria. See

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


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 92 STAT. 1540

Preretirement education information.

Special services.

Rural

Procedures.

PUBLIC LAW 95-478—OCT. 18, 1978 to enable them to lead more productive lives by broadening the educational, cultural, or social awareness of such older individuals, emphasizing, where possible, free tuition arrangements with colleges and universities; "(3) provide preretirement education information, and relevant services (including the training of personnel to carry out such programs and the conducting of research with respect to the development and operation of such programs) to individuals planning retirement; "(4) provide services to assist in meeting the particular needs of physically and mentally impaired older individuals, including special transportation and escort services, homemaker, home health and shopping services, reader services, letter writing services, and other services designed to assist such individuals in leading more independent lives; " (5) meet the special needs of, and improve the delivery of services to, older individuals who are not receiving adequate services under other provisions of this Act, with emphasis on the needs of low-income, minority, Indian, and limited English-speaking individuals and the rural elderly; "(6) assist older individuals to remain within their communities and out of institutions and to maintain their independent living, in their own residences or in a family living arrangement, "(A) providing financial assistance for the establishment and operation of senior ambulatory care day ceYiters (providing a planned schedule of health, therapeutic, education, nutrition, recreational, rehabilitation, and social services at least 24 hours per week, transportation arrangements at low or no cost for participants to and from the center, a mid-day meal, outreach and public information programs, and opportunities for maximum participation of senior participants and senior volunteers in the planning and operation of the center); and "(B) maintaining or initiating arrangements (or providing reasonable assurances that such arrangements will be maintained or initiated) with any agency of the State involved which administers or supervises the administration of a State < plan approved under titles X IX and X X of the Social Security Act, and with other appropriate social services agencies receiving, or reimbursed through. Federal financial assistance, for the payment of all or a part of the center's costs in providing services to eligible individuals; "(7) meet the special needs of older individuals residing in rural areas; or "(8) develop or improve methods of coordinating all available social services for the homebound elderly, blind, and disabled by establishing demonstration projects in 10 States, in accordance with subsection (c). "(c)(1) The Commissioner shall consult with the Commissioner of the Rehabilitation Services Administration, the Commissioner of the Social Security Administration, and the Surgeon General of the Public Health Service, to develop procedures for— " (A) identifying elderly, blind, and disabled individuals who need social services;

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Page:Folk-lore - A Quarterly Review. Volume 10, 1899.djvu/98

 72 special import of Britain for our studies. Whilst I cannot hope to offer you any novel or definite conclusions, I may be able to suggest fresh possibilities of research, and to urge fresh reasons why we as Englishmen, as Britons, should cherish and foster our study.

My first address endeavoured to set forth the unique importance of modern English literature for mankind, due to its being the inheritor of archaic traditions and conventions (whose disappearance would have meant the irreparable impoverishment of the sources of artistic fancy), and the medium through which so much of this archaic material, otherwise doomed to decay, has to be preserved for and interpreted to the world at large.

In tracing back the fairy realm which Shakespeare's genius has made an integral portion of literature to its source in the earliest known visions and speculations of dwellers in these islands, I confined myself to Britain. But the rôle there claimed for English letters as guardian, transmitter, and interpreter of Celtic fancy has wider implications, at which I should like to glance for one moment. We island-dwellers have brought under our sway many lands, many peoples; we claim, whether rightly or wrongly need not here be inquired, that we have given them peace and prosperity, that we are enabling the races we have subdued to enter in upon the heritage of the highest civilisation. This is much, but it is not enough. Every race, no matter how backward, has a special cry—a special vision of its own. Upon us, upon our oversea kindred, rests the responsibility that these shall not be lost, but shall contribute their note, howsoever feeble it be, to the great concert of humanity. It is the privilege of English literature to enshrine utterances of countless races of men which otherwise must wholly perish, to make them part of the world's thought and fancy.


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Page:United States Statutes at Large Volume 92 Part 2.djvu/261

 PUBLIC LAW 95-478—OCT. 18, 1978 "(B) compiling a list in each community of all services available to the elderly, blind, and disabled; and "(C) establishing an information and referral service within the appropriate community agency to— "(i) inform those in need of the availability of such services; and " (ii) coordinate the delivery of such services to the elderly, blind, and disabled. The Commissioner shall establish procedures for administering demonstration projects under subsection (b)(8) no later than 6 months after the effective date of this subsection. The Commissioner shall report to the Congress with respect to the results and findings of the demonstration projects at the end of fiscal year 1979. In such report, the Commissioner shall make such recommendation, based upon the findings, as may be appropriate to improve the delivery of social services to such elderly, blind, and disabled individuals. "(2)(A) There are authorized to be appropriated for fiscal years 1979, 1980, and 1981, such sums as may be necessary for the purpose of implementing the demonstration projects under subsection (b)(8). "(B) For the purpose of carrying out this subsection, there are authorized to be appropriated such sums as may be necessary for fiscal year 1979.

92 STAT. 1541

Report to Congress.

Appropriation authorization.

u SPECIAL PROJECTS I N COMPREHENSIVE LONG-TERM CARE

"SEC. 422. (a)(1) The Commissioner may make grants to selected State agencies designated under section 305(a)(1), and, in consultation with State agencies, selected area agencies on aging designated under section 305(a)(2)(A), institutions of higher education, and other public agencies and private nonprofit organizations, associations, and groups to support the development of comprehensive, coordinated systems of community long-term care for older individuals, with special emphasis upon—• "(A) services designed to support alternatives to institutional living; and "(B) the assessment of need, the development of a plan of care, and the referral of individuals, in the delivery of long-term care services, including non-institutional and institutional services, where appropriate. "(2) A grant under this section may be made to pay part or all of the estimated cost of a program (including start-up cost) for a period of not more than 3 years, except that no funds may be used to pay for direct services which are eligible for reimbursement under title X \ n: i l, title X IX, or title X X of the Social Security Act. "(3) A grant made under this section shall be used for the development of programs which provide a full continuum of services. Such services may include— " (A) adult day health; "(B) monitoring and evaluation of service effectiveness; "(C) supported living in public and private nonprofit housing; " (D) family respite services; " (E) preventive health services; " (F) home health, homemaker, and other rehabilitative and maintenance in-home services;
 * ' (G) geriatric health maintenance organizations; and

Grants. 42 USC 3035c.

42 USC 1395, 1396, 1397.

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 92 STAT. 1542

Preference of applicants.

Program evaluation procedures.

Report to G)ngress.

PUBLIC LAW 95-478~OCT. 18, 1978 " (H) Other services which the Commissioner determines are appropriate, which were previously unavailable to the individuals to be served and which, at a minimum, provide for identification and assessment of the long-term care needs of older individuals, referral of such individuals to the appropriate services, and follow-up and evaluation of the continued appropriateness of such services with provision for re-referral as appropriate. "(4) A grant under this section may be used to encourage the development of manpower training programs designed to further the purposes described in paragraph (3). "(b)(1) In making grants to States under this section preference shall be given to applicants which demonstrate that— "(A) adequate State standards have been developed to ensure the quality of services provided; "(B) the State has made a commitment to carry out the program assisted under this section with the State agency responsible for the administration of title X IX of the Social Security Act or title X X of the Social Security Act, or both such agencies; "(C) the State will develop plans to finance the comprehensive program assisted under this section; and "(D) the State agency has a plan for statewide or designated regions of the State containing provisions designed to maximize access to older individuals for long-term care services. "(2) In awarding grants to agencies and organizations under this section, preference shall be given to applicants that— " (A) possess the capability to establish community-based longterm care programs; and "(B) demonstrate that a need exists for the establishment of such programs in the area to be served. "(3) Agencies and organizations assisted under this section shall establish procedures for evaluating the program assisted under this section, with respect to the benefits accruing to persons receiving assistance, the feasibility of the administrative model used for comprehensive coordination of services including coordination with other local prograjns, and the comparative costs and quality of services provided, and shall submit such evaluation to the Commissioner on a periodic basis. " (c) The Secretary shall involve appropriate Federal departments and agencies in carrying out the provisions of this section in order to assure coordination at the Federal level and to avoid duplication and shall report to the Congress annually on the impact of grants made, on the experiences of grantees in meeting the requirements of this section, and on the comparative benefits and costs of projects assisted under this section. "(d) Sums appropriated to carry out this section shall, to the extent feasible, be used to support programs equitably distributed throughout the Nation between urban and rural areas. • SPECIAL DEMONSTRATION PROJECTS ON LEGAL SERVICES FOR OLDER AMERICANS

42 USC 3035d.

"SEC. 423. (a) The Commissioner may make grants to and enter into contracts with public and private nonprofit agencies or organizations in order to— "(1) support legal research, technical assistance, training, information dissemination, and other support activities to agen-

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Page:United States Statutes at Large Volume 92 Part 2.djvu/263

 PUBLIC LAW 95-478—OCT. 18, 1978

92 STAT. 1543

cies, organizations, institutions, and private law firms that are providing, developing, or supporting p r o bono or reduced-fee legal services to older individuals; and (2) support demonstration projects to expand or improve the delivery of legal services to older individuals with social or economic need. " (b) Any g r a n t s or contracts entered into under subsection (a)(2) shall contain assurances that the requirements of section 307(a) (15) are met. " (c) From the sums appropriated under section 451 for each fiscal year, not less than $5,000,000 shall be reserved to carry out the provisions of this section. u NATIONAL IMPACT DEMONSTRATIONS

" SEC. 424. (a) The Commissioner may carry out directly or through 42 USC 3035e. g r a n t s or contracts— " (1) innovation and development projects and activities of national significance which show promise of having substantial impact on the expansion or improvement of social services, nutrition services, or multipurpose senior centers or otherwise promoting the well-being of older individuals; and " (2) dissemination of information activities related to such programs. " (b) A n amount not to exceed 15 percent of any sums appropriated under section 451 may be used for carrying out this section. u.UTILITY AND HOME HEATING COST DEMONSTRATION PROJECTS

" SEC. 425. The Secretary may, after consultation with the appro- 42 USC 3035f. priate State agency designated under section 305(a)(1), make g r a n t s to pay for part or all of the costs of developing model projects which show promise of relieving older individuals of the excessive burdens of high utility service and home heating costs. Any such project shall give special consideration to projects under which a business concern engaged in providing home heating oil to the public, or a public utility, provides home heating oil or utility services to low-income older individuals at a cost which is substantially lower than providing home heating oil or utility services to other individuals. " P A R T D — M O R T G A G E INSURANCE AND INTEREST GRANTS FOR MULTIPURPOSE SENIOR CENTERS "MORTGAGE INSURANCE

AUTHORIZED

" SEC. 431. (a) I t is the purpose of this part to assist and encourage 42 USC 3035g. the provision of urgently needed facilities for programs for the elderly. " (b) For the purpose of this part the terms 'mortgage', 'mortgagor', 'mortgagee', ' m a t u r i t y date', and 'State' shall have the meanings respectively set forth in section 207 of the National Housing Act. 12 USC 1713. " (c) The Secretary of Health, Education, and Welfare is authorized to insure any mortgage (including advances on such mortgage during acquisition, alteration, renovation, or construction) in accordance with the provisions of this section upon such terms and conditions as he may prescribe and make commitments for insurance of such mortgage p r i o r to the date of its execution or disbursement thereon. " (d) I n order to carry out the purpose of this section, the Secretary

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 92 STAT. 1544

PUBLIC LAW 95-478—OCT. 18, 1978

is authorized to insure any mortgage which covers a new multipurpose senior center, including equipment to be used in its operation, subject to the following conditions: "(1) The mortgage shall be executed by a mortgagor, approved by the Secretary, who demonstrates ability successfully to operate one or more programs for the elderly. The Secretary may in his discretion require any such mortgagor to be regulated or restricted as to minimum charges and methods of financing, and in addition thereto, if the mortgagor is a corporate entity, as to capital struc; ture and rate of return. As an aid to the regulation or restriction of any mortgagor with respect to any of the foregoing matters, the Secretary may make such contracts with and acquire for not to exceed $100 such stock interest in such mortgagor as he may deem necessary. Any stock or interest so purchased shall be paid for out of the Multipurpose Senior Center Insurance Fund, and shall be ^' ' ^ I. redeemed by the mortgagor at par upon the termination of all obligations of the Secretary under the insurance. "(2) The mortgage shall involve a principal obligation in an ' amount not to exceed $250,000 and not to exceed 90 percent of the estimated replacement cost of the property or project, including equipment to be used in the operation of the multipurpose senior center, when the proposed improvements are completed and the equipment is installed. "(3) The mortgage shall—• "(A) provide for complete amortization by periodic payments within such term as the Secretary shall prescribe, and "(B) bear interest (exclusive of premium charges for insurance and service charges, if any) at not to exceed such per centum per annum on the principal obligation outstanding at any time as the Secretary finds necessary to meet the mortgage market. "(4) The Secretary shall not insure any mortgage under this ' section unless he has determined that the center to be covered by the mortgage will be in compliance with minimum standards to be prescribed by the Secretary. "(5) In the plans for such multipurpose senior center, due consideration shall be given to excellence of architecture and design, and to the inclusion of works of art (not representing more than 1 percent of the cost of the project). Mortgage "(e) The Secretary shall fix and collect premium charges for the insurance insurance of mortgages under this section which shall be payable premium charges, annually in advance by the mortgagee, either in cash or in debentures of the Multipurpose Senior Center Insurance Fund issued at par plus accrued interest. In the case of any mortgage such charge shall not / be less than an amount equivalent to one-fourth of 1 percent per annum nor more than an amount equivalent to 1 percent per annum of the amount of the principal obligation of the mortgage outstanding at any one time, without taking into account delinquent payments or prepayments. In addition to the premium charge provided for in this subjection, the Secretary is authorized to charge and collect such amounts as he may deem reasonable for the appraisal of a property or project during acquisition, alteration, or renovation; but such charges for appraisal and inspection shall not aggregate more than 1 percent of the original principal face amount of the mortgage. "(f) The Secretary may consent to the release of a part or parts of the mortgaged property or project froin the lien of any mortgage

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Page:United States Statutes at Large Volume 92 Part 2.djvu/265

 PUBLIC LAW 95-478—OCT. 18, 1978 insured under this section upon such terms and conditions as he may prescribe. " (g)(1) The Secretary shall have the same functions, powers, and duties (insofar as applicable) with respect to the insurance of mortgages under this section as the Secretary of Housing and Urban Development has with respect to the insurance of mortgages under title II of the National Housing Act. " (2) The provisions of subsections (e), (g), (h), (i), (j), (k), (1), and (n) of section 207 of the National Housing Act shall apply to mortgages insured under this section; except that, for the purposes of their application with respect to such mortgages, all references in such provisions to the General Insurance F u n d shall be deemed to refer to the Multipurpose Senior Center Insurance F u n d, and all references in such provisions to 'Secretary' shall be deemed to refer to the Secretary of Health, Education, and Welfare. " (h)(1) There is hereby created a Multipurpose Senior Center Insurance F u n d which shall be used by the Secretary as a revolving fund for carrying out all the insurance provisions of this section. All mortgages insured under this section shall be insured under and be the obligation of the Multipurpose Senior Center Insurance F u n d. " (2) The general expenses of the operations of the Department of Health, Education, and Welfare relating to mortgages insured under this section may be charged to the Multipurpose Senior Center Insurance F u n d. " (3) Moneys in the Multipurpose Senior Center Insurance F u n d not needed for the current operations of the Department of Health, Education, and Welfare with respect to mortgages insured under this section shall be deposited with the Treasurer of the United States to the credit of such fund, or invested in bonds or other obligations of, or in bonds or other obligations guaranteed as to principal and interest by, the United States. The Secretary may, with the approval of the Secretary of the Treasury, purchase in the open market debentures issued as obligations of the Multipurpose Senior Center Insurance F u n d. Such purchases shall be made at a price which will provide an investment yield of not less than the yield obtainable from other investments authorized by this section. Debentures so purchased shall be canceled and not reissued. " (4) P r e m i u m charges, adjusted premium charges, and appraisal and other fees received on account of the insurance of any mortgage under this section, the receipts derived from property covered by such mortgages and from any claims, debts, contracts, property, and security assigned to the Secretary in connection therewith, and all earnings as the assets of the fund, shall be credited to the Multipurpose Senior Center Insurance F u n d. The principal of, and interest paid and to be paid on, debentures which are the obligation of such fund, cash insurance payments and adjustments, and expenses incurred in the handling, management, renovation, and disposal of properties acquired or constructed in connection with mortgages insured under this sec tion, shall be charged to such fund. " (5) There are authorized to be appropriated to provide initial capital for the Multipurpose Senior Center Insurance F u n d, and to assure the soundness of such fund thereafter, such sums as may be necessary.

92 STAT. 1545

12 USC 1707. 12 USC 1713.

Multipurpose Senior Center Insurance Fund, .

"ANNUAL INTEREST GRANTS

" SEC. 432. (a) To assist nonprofit private agencies to reduce the 42 USC 3035h. cost of borrowing from other sources for the acquisition, alteration,

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 92 STAT. 1546

•^' '^ '' ^ •

Limitation. Limitation.

PUBLIC LAW 95-478—OCT. 18, 1978 renovation, or construction of facilities for multipurpose senior centers, the Secretary may make annual interest grants to such agencies. "(b) Annual interest grants under this section with respect to any facility shall be made over a fixed period not exceeding forty years, and provision for such grants shall be embodied in a contract guaranteeing their payment over such period. Each such grant shall be in an amount not greater than the difference between (1) the average annual debt service which would be required to be paid, during the life of the loan, on the amount borrowed from other sources for the acquisition, alteration, renovation, or construction of such facilities, and (2) the average annual debt service which the institution would have been required to pay, during the life of the loan, with respect to such amounts if the applicable interest rate were 3 percent per annum, except that the amount on which such grant is based shall be approved by the Secretary. "(c)(1) There are hereby authorized to be appropriated to the Secretary such sums as may be necessary for payment of annual interest grants in accordance with this section. "(2) Contracts for annual interest grants under this section shall not be entered into in an aggregate amount greater than is authorized in appropriation Acts. "(d) Not more than 121/^ per centum of the funds provided for in this section for grants may be used within any one State.". (2) The heading of title IV is amended to read as follows: " TITLE IV—TRAINING, RESEARCH, AND DISCRETIONARY PROJECTS AND PROGRAMS".

42 USC 3036.

42 USC 3037.

(d)(1) The first sentence of section 441, as so redesignated in subsection (c)(1), is amended by inserting before the period a comma and the following: "and gerontology centers of special emphasis (including health, income maintenance, housing, service delivery and utilization, preretirement and retirement, and long-term care and alternatives)". (2) Section 441(1)(A), as so redesignated in subsection (c)(1), is amended by inserting before the comma the following: "in accordance with the national manpower policy as described in section 401". (3) Section 441, as so redesignated in subsection (c)(1), is amended by striking out "and" at the end of clause (2), by striking out the period at the end of clause (3) and inserting in lieu thereof a semicolon and "and", and by adding at the end thereof the following new clause: " (4) provides for making biennial reports to the Commissioner summarizing the training, research, and special demonstration efforts of the centers which shall then be made available through the National Information and Resource Clearing House for the Aging, where appropriate.". (e)(1) Section 451, as so redesignated in subsection (c)(1)(B), is amended to read as follows: uAUTHORTZATiON OF APPROrRIATIOXS

"SEC. 451. (a) Except as otherwise specifically provided in this title, there are authorized to be appropriated to carry out the provisions of this title such sums as may be necessary for each fiscal year ending prior to October 1, 1981. " (b) No funds appropriated under this section—

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Page:United States Statutes at Large Volume 92 Part 2.djvu/267

 PUBLIC LAW 95-478—OCT. 18, 1978

92 STAT. 1547

"(1) may be transferred to any office or other authority of the Department of Health, Education, and Welfare which is not directly responsible to the Commissioner; or "(2) may be used for any research program or activity which is not specifically authorized by this title.". (2) Section 452, as so redesignated in subsection (c)(1), is amended 42 USC 3037a. by redesignating subsection (c) as subsection (d) and inserting after subsection (b) the following new subsection: "(c) The Commissioner may make multicategorical grants or Grants and contracts under any or all sections of this title by making grants contracts. or contracts for the purpose of supporting extensive research and demonstration of particular areas of need.". COMMUNITY SERVICE EMPLOYMENT

SEC. 105. (a) The Act is amended by redesignating title IX as title 42 USC 3056. V, and by redesignating section 901 through section 908 as section 42 USC 3001 note, 501 through section 508, respectively. (b)(1) Section 502(b) is amended by adding at the end thereof 3056-3056f. the following new paragraphs: "(3) The Secretary shall develop alternatives for innovative work modes and provide technical assistance in creating job opportunities through work sharing and other experimental methods to prime sponsors, labor organizations, groups representing business and industry and workers as well as to individual employers, where appropriate. "(4) The Secretary may enter into an agreement with the Senior Administrator of the Environmental Protection Agency to establish a Environmental Employment Senior Environmental Employment Corps.". (2) Section 502, as so redesignated in subsection (a), is amended Agency. by adding at the end thereof the following new subsections: "(d)(1) Whenever a national organization or other program Review. sponsor conducts a project within a State such organization or program sponsor shall submit to the State agency on aging a description of such project to be conducted in the State, including the location of the project, 30 days prior to undertaking the project, for review and comment according to guidelines the Secretary shall issue to assure efficient and effective coordination of programs tmder this title. "(2) The Secretary shall review on his own initiative or at the request of any public or private nonprofit agency or organization, or an agency of the State government, the distribution of programs under this title within the State including the distribution between urban and rural areas within the State. For each proposed reallocation Notice and of programs within a State, the Secretary shall give notice and opportunity for opportunity for a hearing on the record by all interested individuals hearing. and make a written determination of his findings and decision. "(e) The Secretary, in addition to any other authority contained in this title, may enter into agreements designed to assure the transition of individuals employed in public service jobs under this title to employment opportunities with private business concerns. The Secretary, from amounts reserved under section 506(a)(1)(B) in any 42 USC 3056d. fiscal year, may pay all of the costs of any agreement entered into under the provisions of this subsection.". (c)(1) Section 503(a), as so redesignated in subsection (a), is 42 USC 3056a. amended by striking out "304" each place it appears therein and inserting in lieu thereof "305".

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Page:Folk-lore - A Quarterly Review. Volume 10, 1899.djvu/99

 Rh This privilege is, I think, most likely to be realised by the folklorist, who, if he have really penetrated to the inmost sanctum of our study, will have learned to grasp the manifold links that bind us to the remotest past, to sympathise with the rudest and most infantile manifestations of human energy, and to recognise in the formless germ the source of what may be mightiest and most beautiful in human effort. He will also have learned to observe with rigid fidelity, to preserve everything, faulty and trivial though much may be, to sympathise with everything, though much may offend or startle our present conventions. It is part of his task to hold up to English literature the duty of incorporating the souls of vanishing peoples, the privilege of transmitting them to future ages. Surveying as I did the past of our literature, and noting by what happy combination of circumstances it has been enabled to preserve so much beauty, imperishable now, otherwise lost, I am filled with confidence for the future. If we know the importance of our aim, if we but will to act upon our knowledge, surely we can accomplish what chance apparently enabled our forefathers to accomplish. Imperial England of the sixteenth century preserved for later ages shapes and visions that greet us from out the oldest wonder-world of Celts and Teutons; may not imperial Britain of our days seek from the lips of passing races, before they have wholly passed away, sustenance and embodiment for the creation of new types of significance and beauty? If such is a possible outcome of the folklorist's labours, directed though these may primarily be to other objects, may he not feel that he is working for mankind at large and for all time?

In dwelling as I did upon the import of folklore for English literature in the past, in dwelling as I have just done upon its possible import for British literature in the future, I have no wish to unduly magnify the literary aspect of our studies as against others. I merely talk of that which, I confess, interests me most in folklore, that at least


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 92 STAT. 154« 42 USC 3056a.

42 USC 3056f. 42 USC 3056c.

42 USC 3056d.

42 USC 3056e.

PUBLIC LAW 95-478—OCT. 18, 1978 (3) Section 503, as so redesignated in subsection (a), is amended by adding at the end thereof the following new subsection: "(f) In carrying out the provisions of this title, the Secretary may fund and expand projects concerning the Senior Environmental Employment Corps and energy conservation from sums appropriated under section 508 for such fiscal jear.". (d) Section 505, as so redesignated in subsection (a), is amended by adding at the end thereof the following new subsection: "(c) In administering projects under this title concerning the Senior Environmental Employment Corps and energy conservation, the Secretary shall consult with the Administrator of the Environmental Protection Agency and the Secretary of Energy and shall enter into an agreement with the Administrator and the Secretary of Energy to coordinate programs conducted by them with such projects.". (e)(1) Section 506(a)(1), as so redesignated in subsection (a), is amended— (A) by inserting " (A) " after " (1) " and by adding at the end thereof the following new subparagraph: "(B) From sums appropriated under this title for each fiscal year after September 30, 1978, the Secretary may reserve an amount not to exceed one per centum of the amount appropriated in excess of the amount appropriated for fiscal year 1978 for the purpose of entering into agreements under section 502(e), relating to improved transition to private employment."; (B) by striking out "From" and inserting in lieu thereof "Subject to the provisions of paragraph (2), from"; and (C) by striking out "the fiscal year ending June 30, 1975" and inserting in lieu thereof "fiscal year 1978". (2) Section 506(a), as so redesignated in subsection (a), is amended by redesignating paragraph (2) and paragraph (3) as paragraph (3) and paragraph (4), respectively, and by inserting after paragraph (1) the following new paragraph: "(2) For each fiscal year in which the sums appropriated under this title exceed the amount appropriated for fiscal year 1978, the Secretary shall reserve not more than 45 per centum of such excess amount for the purpose described in paragraph (1). The remainder of such excess shall be allotted pursuant to paragraph (3).". (3) Section 506(a)(3), as so redesignated in subsection (a) and in paragraph (2), is amended by striking out "908" and inserting in lieu thereof "508". (f) Section 507(2), as so redesignated in subsection (a), is amended by inserting "(including any such individual whose income is not more than 125 per centum of the poverty guidelines established by the Bureau of Labor Statistics)" after "low income". (g) Section 508, as so redesignated in subsection (a), is amended by striking out "and" the second place it appears therein, and by inserting before the period at the end thereof the following: ", $350,000,000 for the fiscal year ending September 30, 1979, $400,000,000 for the fiscal year ending September 30, 1980, and $450,000,000 for the fiscal year ending September 30, 1981". GRANTS FOR I N D I A N

TRIBES

SEC. 106. The Act is amended by adding after title V the following new title:

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"TITLE VI—GRANTS FOR INDIAN T R I B E S u STATEMENT

OF PURPOSE

"SEC. 601. It is the purpose of this title to promote the delivery of 42 USC 3057. social services, including nutritional services, for Indians that are comparable to services provided under title III. Ante, p. 1517. ELIGIBILITY

"SEC. 602. (a) A tribal organization of an Indian tribe is eligible 42 USC 3057a. for assistance under this title only if— "(1) the tribal organization represents at least 75 individuals who have attained 60 years of age or older; "(2) the tribal organization demonstrates the ability to deliver social services, including nutritional services; and "(3) individuals to be served by the tribal organization will not receive for the year for which application under this title is made, services under title III. "(b) The terms 'Indian tribe' and 'tribal organization' for the purposes of this title are defined as in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b). u GRANTS AUTHORIZED

"SEC. 603. The Commissioner may make grants to eligible tribal 42 USC 3057b. organizations to pay all of the costs for delivery of social services and nutritional services for Indians who are aged 60 and older. ((APPLICATIONS "SEC. 604. (a) No grant may be made under this title unless the Approval criteria. eligible tribal organization submits an application to the Commis- 42 USC 3057c. sioner which meets such criteria as the Commissioner may by regulation prescribe. Each such application shall— "(1) provide that the eligible tribal organization will evaluate the need for social and nutritional services among older Indians to be represented by the tribal organization; "(2) provide for the use of such methods of administration as are necessary for the proper and efficient administration of the program to be assisted; " (3) provide that the tribal organization will make such reports in such form and containing such information, as the Commissioner may reasonably require, and comply with such requirements as the Commissioner may impose to assure the correctness of such reports; "(4) provide that a nonprofit private organization selected by the tribal organization will conduct periodic evaluation of activities and projects carried out under the application; "(5) establish objectives consistent with the purposes of this title toward which activities under the application will be directed, identify obstacles to the attainment of such objectives, and indicate the manner in which the tribal organization proposes to overcome such obstacles; "(6) provide for establishing and maintaining information and

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•

Ante, p. 1536. Ante, p. 1524.

Ante, p. 1517.

Population statistics development.

Ante, p. 1519.

PUBLIC LAW 95-478—OCT. 18, 1978 referral services to assure that older Indians to be served by the assistance made available under this title will have reasonably convenient access to such services; "(7) provide a preference for Indians aged 60 and older for full- or part-time staff positions wherever feasible; "(8) provide assurances that either directly or by way of grant or contract with appropriate entities nutritional services will be delivered to older Indians represented by the tribal organization substantially in compliance with the provisions of part C of title III; "(9) contain assurances that the provisions of sections 307 (a) (14)(A)(i) and (iii), 307(a) (14)(B), and 307(a) (14)(C) will be complied with whenever the application contains provisions for the acquisition, alteration, or renovation of facilities to serve as multipurpose senior centers; "(10) provide assurances that either directly or by way of grant or contract with appropriate entities legal and ombudsman services will be made available to older Indians represented by the tribal organization substantially in compliance with the provisions of title III relating to the furnishing of similar services; and "(11) provide satisfactory assurance that fiscal control and fund accounting procedures will be adopted as may be necessary to assure proper disbursement of, and accounting for. Federal funds paid under this title to the tribal organization, including any funds paid by the tribal organization to a recipient of a grant or contract. "(b) For the purpose of any application submitted under this title, the tribal organization may develop its own population statistics, with certification from the Bureau of Indian Affairs, in order to establish eligibility. "(c) The Commissioner shall approve any application which complies with the provisions of subsection (a). "(d) Whenever the Commissioner approves an application under this title he shall withhold from the allotment of the appropriate State made under section 304 an amount attributable to the Indians to be served under the application who were also counted for the purpose of allotments under title III. The Commissioner shall reallot sums withheld under this subsection in accordance with the provisions of section 304 rb). "(e) Whenever the Commissioner determines not to approve an application submitted under subsection (a) he shall— "(1) state his objections in writing to the tribal organization within 60 days after such decision; "(2) provide to the extent practicable technical assistance to the tribal organization to overcome his stated objections; and " (3) provide the tribal organization with a hearing, under such rules and regulations as he may prescribe. "(f) Whenever the Commissioner approves an application of a tribal organization under this title, funds shall be awarded for not less than 12 months, during which time such tribal organization may not receive funds under title III.

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92 STAT. 1551

a ADMINISTRATION

"SEC. 605. (a) In establishing regulations for the purpose of this title the (Commissioner shall consult with the Secretary of the Interior. "(b) The Commissioner shall prescribe final regulations for the administration of this title not later than 90 days after the date of the enactment of the Comprehensive Older Americans Act Amendments of 1978.

42 USC 3057d. Regulations.

"SURPLUS EDUCATIONAL FACILITIES

"SEC. 606. (a) Notwithstanding any other provision of law, the Secretary of the Interior through the Bureau of Indian Affairs shall make available surplus Indian educational facilities to tribal organizations, and nonprofit organizations with tribal approval, for use as multipurpose senior centers. Such centers may be altered so as to provide extended care facilities, community center facilities, nutritional services, child care services, and other social services. " (b) Each eligible tribal organization desiring to take advantage of such surplus facilities shall submit an application to the Secretary of the Interior at such time and in such manner, and containing or accompanied by such information, as the Secretary of the Interior determines to be necessary to carry out the provisions of this section.

Available for use as multipurpose senior centers. 42 USC 3057e.

"PAYMENTS

"SEC. 607. Payments may be made under this title (after necessary 42 USC 30571". adjustments, in the case of grants, on account of previously^ made overpayments or underpayments) in advance or by way of reimbursement m such installments and on such conditions, as the Commissioner may determine. "AUTHORIZATION OF APPROPRIATIONS

"SEC. 608. (a) Except as provided in subsection (c), there are 42 USC 3057g. authorized to be appropriated such sums as may be necessary for fiscal years 1979, 1980, and 1981, to carry out the provisions of this title. " (b) For any fiscal year in which less than $5,000,000 is appropriated under subsection (a) tribal organizations are authorized to receive assistance in accordance with the provisions of title III. Ante, p. 1517. "(c) There are authorized to be appropriated such sums as may be necessary for fiscal years 1979, 1980, and 1981, to carry out the provisions of section 606.". TITLE II — W H I T E HOUSE CONFERENCE ON AGING SHORT TITLE

SEC. 201. This title may be cited as the "1981 White House Conference on Aging Act".

1981 White House Conference on Aging Act. 42 USC 3001 note.

FINDINGS AND POLICY

SEC. 202. (a) The Congress finds that— (1) the number of individuals fifty-five years of age or older was approximately 43,000,000 in 1976, and will, by the end of this century, be over 57,000,000;

42 USC 3001 note.

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PUBLIC LAW 95-478—OCT. 18, 1978 (2) nearly 5,200,000 individuals fifty-five years of age or older had incomes below the poverty level in 1976, as determined by the Federal Government; (3) there is a great need to improve the economic well-being of older individuals; (4) there is a great need to make comprehensive and quality health care more readily available to older individuals; (6) there is a great need for expanding the availability of suitable and reasonably priced housing for older individuals, together with services needed for independent or semi-independent living; (6) there is a great need for a more comprehensive and effective social service delivery system for older individuals; (7) there is a great need for a more comprehensive long-term care policy responsive to the needs of older patients and their families; (8) there is a great need to promote greater employment opportunities for middle-aged and older individuals who want or need to work; (9) there is a great need to develop a national retirement policy that contributes to the fulfillment, dignity, and satisfaction of retirement years for older individuals; (10) there is a great need for a national policy with respect to increasing, coordinating, and expediting biomedical and other appropriate research directed at determining the causes of the aging process; and (11) false stereotypes about aging and the process of aging are prevalent throughout the Nation and policies should be developed to overcome such stereotypes. (b)(1) It is the policy of the Congress that the Federal Government should work jointly with the States and their citizens to develop recommendations and plans for action to meet the challenges and needs of older individuals, consistent with the objectives of this title. (2) In developing programs for the aging pursuant to this title, emphasis should be placed upon the right and obligation of older individuals to free choice and self-help in planning their own futures. AUTHORITY OF THE PRESIDENT AND SECRETARY; F I N A L REPORT

White House Conference on Aging, 1981. 42 USC 3001 note.

Report to President.

SEC. 203. (a) The President may call a White House Conference on Aging in 1981 in order to develop recommendations for further research and action in the field of aging which will further the policies set forth in section 202. The Conference shall be planned and conducted under the direction of the Secretary in cooperation with the Commissioner on Aging and the Director of the National Institute on Aging, and the heads of such other Federal departments and agencies as are appropriate. Such assistance may include the assignment of personnel. (b) For the purpose of arriving at facts and recommendations concerning the utilization of skills, experience, and energies and the improvement of the conditions of older individuals, the Conference shall bring together representatives of Federal, State, and local governments, professional and lay people who are working in the field of aging (including researchers on problems of the elderly and the process of aging), and representatives of the general public, including older individuals. (c) A final report of the Conference, which shall include a statement of a comprehensive coherent national policy on aging together with

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recommendations for the implementation of the policy, shall be submitted to the President not later than 180 days following the date on which the Conference is adjourned. The findings and recommendations included in the report shall be immediately available to the public. The Secretary shall, within 90 days after submission of the Report to report, transmit to the President and to the Congress his recommenda- President and tions for administrative action and the legislation necessary to imple- Congress. ment the.recommendations contained in the report. ADMINISTRATION

SEC. 204. (a) I n administering this title the Secretary shall— (1) request the cooperation and assistance of the heads of such other Federal departments and agencies as may be appropriate in carrying out the provisions of this title; (2) render all reasonable assistance, including financial assistance, to State agencies on the aging and to area agencies on aging, and to other appropriate organizations to enable them to organize and conduct conferences on aging prior to the Conference; (3) prepare and make available background materials for the use of delegates to the Conference which he deems necessary, and prepare and distribute any such report of the Conference as may be necessary and a p p r o p r i a t e; and (4) engage such additional personnel as may be necessary to carry out the provisions of this title without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and without regard to chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates. (b) I n carrying out his functions under clause (2) of subsection (a) the Secretary shall assure that conferences will be so conducted as to assure broad participation of older individuals. (c) I n carrying out his responsibilities under this title the Secretary shall assure that current and adequate statistical data and other information on the well-being of older individuals in the United States are readily available, in advance of the Conference, to participants in the Conference, together with such information as may be necessary to evaluate Federal programs and policies relating to aging. I n carrying out the requirements of this subsection the Secretary may make grants to, 'and enter into contracts with, public agencies and nonprofit private organizations.

42 USC 3001 note.

5 USC 5101 et seq., 5331.

Statistics and information availability.

Grants and contracts.

ADVISORY COMMITTEES

SEC. 205. (a) The Secretary shall establish an advisory committee to the Conference which shall include representation from the Federal Council on A g i n g and other public agencies and private nonprofit organizations as appropriate. The Secretary shall establish such other committees, including technical committees, as may be necessary to assist in planning, conducting, and reviewing the Conference. E a c h such committee shall be composed of professional and public members and shall include individuals from low-income families and from minority groups. A majority of the public members of each such committee shall be 55 years of age or older. (b) Appointed members of any such committee (other than any officers or employees of the Federal Government), while attending conferences or meetings of the committee or otherwise serving at the request of the Secretary, shall be entitled to receive compensation at

39-194 O—80—pt. 2

18: QL3

Establishment. 42 USC 3001 note.

Membership,

eompensation

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5 USC 5703.

PUBLIC LAW 95-478—OCT. 18, 1978 a rate to be fixed by the Secretary but not to exceed the daily rate prescribed for GS-18 under section 5332 of title 5, United States Code (including travel time). While away from their homes or regular places of business, such members may be allowed travel expenses, including per diem in lieu of subsistence, as authorized under section 5703 of such title for persons in Federal Government service employed intermittently. DEFINITIONS

42 USC 3001 note. Ante, p. 1520.

SEC. 206. For the purpose of this title— (1) The term "area agency on aging" means the agency designated under section 305(a)(2)(A) of the Older Americans Act ! of 1965. (2) The term "State agency on aging" means the agency designated under 305(a)(1) of the Older Americans Act of 1965. (3) The term "Secretary" means the Secretary of Health, Edut cation, and Welfare. (4) The term "Conference" means the White House Conference on Aging authorized in section 203(a). (5) The term "State" includes the District of Columbia, the • iH Commonwealth of Puerto Rico, Guam, American Samoa, the Vir(K gin Islands, the Trust Territory of the Pacific Islands, and the Northern Mariana Islands. AUTHORIZATION OF APPROPRIATIONS

42 USC 3001 note.

SEC. 207. There are authorized to be appropriated such sums as may be necessary, for fiscal years 1979, 1980, and 1981, to carry out the provisions of this title. TITLE III—STUDY OF RACIAL AND ETHNIC DISCRIMINATION IN PROGRAMS FOR OLDER AMERICANS STUDY AUTHORIZED

42 USC 1975c note.

Hearings.

SEC. 301. (a) The Commission on Civil Rights shall (1) undertake a comprehensive study of discrimination based on race or ethnic background in any federally-assisted programs and activities which affect older individuals; and (2) identify with particularity any such federally-assisted program or activity in which evidence is found of individuals or organizations who are otherwise qualified being, on the basis of race or ethnic background, excluded from participation in, denied the benefits of, refused employment or contracts with, or subject to discrimination under, such program or activity. (b) As part of the study required by this section, the Commission shall conduct public hearings to elicit the views of interested parties, including the heads of Federal departments and agencies, on issues relating to racial or ethnic discrimination in programs and activities affecting older individuals receiving Federal financial assistance, and particularly with respect to discrimination among potential participants in, or beneficiaries of, specific federally-assisted programs. ADMINISTRATIVE PROVISIONS

Independently prepared analyses, research and studies. 42 USC 1975c note.

SEC. 302. (a)(1) The Commission may obtain, through grant or contract, analyses, research, and studies by independent experts of

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issues relating to racial and ethnic discrimination in aging programs and activities and publish the results thereof. (2) For purposes of the study required by section 301, the Commission may accept and utilize the services of voluntary or uncompensated personnel, without regard to the provisions of section 105(b) of the Civil Rights Act of 1957 (42 U.S.C. 1975 (b)). (b) The head of each Federal department or agency shall cooperate in all respects with the Commission with respect to the study required by section 301, and shall provide to the Commission such data, reports, and documents in connection with the subject matter of such study as the Commission may request.

Voluntary or uncompensated personnel, utilization. 42 USC 1975d.

REPORTS

SEC. 303. (a) Not later than 18 months after the date of the enact- 42 USC 1975c ment of this Act, the Commission shall transmit a report of its findings note. and its recommendations for any statutory changes and administrative action, including suggested general regulations, to the Congress and to the President. The Commission shall provide a copy of its report to the head of each Federal department or agency with respect to which the Commission makes findings or recommendations. (b) Not later than 45 working days after receiving a copy of the report required by subswtion (a), the head of each Federal department or agency with respect to which the Commission makes its recommendations or findings shall submit his comments and recommendations regarding such report to the President and to the appropriate committees of the Congress. AUTHORIZATION OP APPROPRIATIONS

SEC. 304. There are authorized to be appropriated such sums as may 42 USC 1975c be necessary to carry out the provisions of this title. note. TITLE IV—AMENDMENTS TO OTHER LAWS AMENDMENTS TO AGE DISCRIMINATION ACT OF 19 75

SEC. 401. (a) Section 302 of the Age Discrimination Act of 1976 is amended by striking out "unreasonable". (b)(1) The last sentence of section S04(a)(4) of the Age Discrimination Act of 1975 is amended to read as follows: "Such regulations shall be consistent with the final general regulations issued by the Secretary, and shall not become effective until approved by the Secretary.". (2) Section 304(a)(5) of the Age Discrimination Act of 1975 is amended by striking out "January 1, 1979" and inserting in lieu thereof "July 1, 1979". (c) Section 305 of the Age Discrimination Act of 1976 is amended by striking out subsection (e) and inserting in lieu thereof the following new subsections: "(e)(1) When any interested person brings an action in any United States district court for the district in which the defendant is found or transacts business to enjoin a violation of this Act by any program or activity receiving Federal financial assistance, such interested person shall give notice by registered mail not less than 30 days prior to the commencement of that action to the Secretary of Health, Education, and Welfare, the Attorney General of the United States, and the person against whom the action is directed. Such interested person may elect, by a demand for such relief in his complaint, to recover

42 USC 6101. 42 USC 6103.

42 USC 6104. Notice of violations,

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' "»'-' i,,

,:

42 USC 6104.

42 USC 6106, 6107.

PUBLIC LAW 95-478—OCT. 18, 1978 reasonable attorney's fees, in which case the court shall award the costs of suit, including a reasonable attorney's fee, to the prevailing plaintiff. "(2) The notice referred to in paragraph (1) shall state the nature of the alleged violation, the relief to be requested, the court in which the action will be brought, and whether or not attorney's fees are being demanded in the event that the plaintiff prevails. No action described in paragraph (1) shall be brought (A) if at the time the action is brought the same alleged violation by the same defendant is the subject of a pending action in any court of the United States; or (B) if administrative remedies have not been exhausted. "(f) With respect to actions brought for relief based on an alleged violation of the provisions of this title^ administrative remedies shall be deemed exhausted upon the expiration of 180 days from the filing of an administrative complaint during which time the Federal department or agency makes no finding with regard to the complaint, or upon the day that the Federal department or agency issues a finding in favor of the recipient of financial assistance, whichever occurs first.". (d) Section 305(b) of the Age Discrimination Act of 1975 is amended by adding at the end thereof the following new sentence: "Whenever the head of any Federal department or agency who prescribes regulations under section 304 withholds funds pursuant to subsection (a), he may, in accordance with regulations he shall prescribe, disburse the funds so withheld directly to any public or nonprofit private organization or agency, or State or political subdivision thereof, which demonstrates the ability to achieve the goals of the Federal statute authorizing the program or activity while complying with regulations issued under section 304.". (e) The Age Discrimination Act of 1975 is amended by redesignating section 308 as section 309, and by inserting after section 307 the following new section: "REPORTS

42 USC 6106a. ^ f( ! J,

'

',

"SEC. 308. (a) Not later than December 31 of each year (beginning in 1979), the head of each Federal department or agency shall submit to the Secretary of Health, Education, and Welfare a report (1) describing in detail the steps taken during the preceding fiscal year by such department or agency to carry out the provisions of section 303; and (2) containing specific data about program participants or beneficiaries, by age, sufficient to permit analysis of how well the department or agency is carrying out the provisions of section 303. "(b) Not later than March 31 of each year (beginning in 1980), the Secretary of Health, Education, and Welfare shall compile the reports made pursuant to subsection (a) and shall submit them to the Congress, together with an evaluation of the performance of each department or agency with respect to carrying out the provisions of section 303.". AMENDMENTS TO DOMESTIC VOLUNTEER SERVICE ACT OF 1973

42 USC 5001.

SEC. 402. (a) Section 201 of the Domestic Volunteer Service Act of 1973 is amended— (1) in subsections (a) and (c), by striking out "section 304 J (a)(1) " and inserting in lieu thereof "section 305(a)(1)" and by striking out "section 3024(a)(1)" and inserting in lieu thereof
 * "section 3025(a)(1)";

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(2) in subsection (c), by striking out "sixty" and inserting in lieu thereof "fortj-five"; and (3) by inserting at the end thereof the following new subsection: "(d) Notwithstanding any other provision of law, volunteer service under this part shall not be deemed employment for any purpose which the Director finds is not fully consistent with the provisions and in furtherance of the purpose of this part.". (b) Section 211 of the Domestic Volunteer Service Act of 1973 is 42 USC 5011. amended by adding at the end thereof the following new subsections: " (e) The Director, in accordance with regulations he shall prescribe, Domestic may provide to persons serving as volunteers under this part, such Volunteer allowances, stipends, and other support as he determines are necessary Service, to carry out the purpose of this part. Any stipend or allowance pro- allowances and vided under this subsection shall not be less than $2 per hour, except stipends. that (1) no increase in the stipend or allowance shall be made pursuant to this sentence unless the funds appropriated for carrying out this part are sufficient to maintain for the fiscal year in question a number of participants to serve under this part at least equal to the number of such participants serving during the preceding fiscal year, and (2) in the event that sufficient appropriations for any fiscal year are not available to increase any such stipend or allowance provided to $2 per hour, the Director shall increase the stipend or allowance to such amount as appropriations for such year permit consistent with clause (1) of this exception. "(f) For the purposes of this part, the terms 'low-income person' "Low-income and 'person of low income' mean (1) any person whose income is not person" and more than 125 percent of the poverty line set forth in section 625 "person of low of the Economic Opportunity Act of 1964, as amended (42 U.S.C. income." 297ld); and (2) any person considered a poor or low-income person under section 421(4) of this Act, with special consideration for participation in projects under this part provided to persons described in clause (2).". (c) Section 212(a) of the Domestic Volunteer Service Act of 1973 42 USC 5012. is amended by striking out paragraphs (2) and (3) and inserting in lieu thereof the following new paragraph: "(2)(A) The Director shall award a grant or contract under this Grants and part for a project to be carried out over an area in a State more com- contracts. prehensive than one community, to the State agency established or designated pursuant to section 305(a)(1) of the Older Americans Act of 1965, as amended (42 U.S.C. 3025(a)(1)), unless (i) the State has not established or designated such an agency; or (ii) such agency has been afforded at least 45 days to (I) review the project application made b}^ a prospective grantee or contractor other than such agency for a project to be carried out in such State; and (II) make recommendations thereon. In the event that such an established or designated State agency is not awarded the grant or contract, any application approved for a project in such State shall contain or be supported by satisfactory assurances that the project has been developed, and will, to the extent feasible, be conducted, in consultation with, or with the participation of, such agency. "(B) The Director shall award a grant or contract under this part for a project to be carried out entirely in a community served by a community action agency, to such agency unless such agency and the State agency established or designated pursuant to section 305(a)(1) of the Older Americans Act of 1965, as amended (42 U.S.C. 3025 (a)(1)) have been afforded at least 45 days to (i) review the proj-

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PUBLIC LAW 95-478—OCT. 18, 1978

ect application made by a prospective grantee or contractor other than either such agency for a project to be carried out in such community; and (ii) make recommendations thereon. I n the event that such a community action agency or such an established or designated State agency is not awarded the grant or contract, any application approved for a project to be carried out entirely in such community shall contain or be supported by satisfactory assurances that the project has been developed, and will, to the extent feasible, be conducted, ~* in consultation with, or with the participation of, such community action agency.". 42 USC 5082. (d) Section 502 of the Domestic Volunteer Service Act of 1973 is amended— (1) in subsection (a), by striking out "and" after "Septems -!*' ber 30, 1976", and by inserting "$25,000,000 for the fiscal year ending September 30, 1979, $30,000,000 for the fiscal year ending September 30, 1980, and $35,000,000 for the fiscal year ending September 30, 1981," after "September 30, 1978,"; and 1 (2) in subsection (b)(2), by adding at the end thereof the foli lowing new sentence: "There are further authorized to be appropriated $55,000,000 for the fiscal year ending September 30, 1979, $70,000,000 for the fiscal year ending September 30, 1981, for the purpose of carrying out programs under part B of such title.". TITLE V—MISCELLANEOUS PROVISIONS REPEALERS; EXISTING PROJECTS
 * $62,500,000 for the fiscal year ending September 30, 1980, and

42 USC 3056 note.

42 USC

3041-3041f, 3042, 3045-30451. Ante, p. 1547. 42 USC 3045 note. Ante, p. 1536. Ante, p. 1517,

SEC. 501. (a) Effective at the close of September 30, 1978, title V and title VII are repealed. The Commissioner on Aging may complete any project which was undertaken under either such title, or under title V, as so redesignated in section 105(a), before such date, and which is unfinished on such date, with funds obligated but unexpended on such date. (b) Any project receiving funds under title VII of the Older Americans Act of 1965, as in effect on the day before the effective date of this Act, shall continue to receive funds under part C of title III of such Act, as amended by this Act, if such project meets the requirements and criteria established in such title III, as amended by this Act, except that a State, pursuant to regulations prescribed by the Commissioner on Aging, shall not discontinue the payment of such funds to a project unless such State, after a hearing (if requested by the person responsible for administering such project), determines that such project has not carried out activities supported by such funds with demonstrated effectiveness. LIMITATIONS ON PAYMENTS

SEC. 502. No authorization of appropriations in this Act shall be effective for any fiscal year beginning before October 1, 1978. Notwithstanding any other provision of this Act, no payment under this Act, or authorization to make payments or to enter into contracts under this Act, shall be effective except to such extent, or in such amounts, as are provided in advance in appropriations Acts.

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92 STAT. 1559

CONFORMING AND TECHNICAL AMENDMENTS

SEC. 503. (a)(1) Section 102(1) is amended by inserting ", other than for purposes of title V" before the period at the end thereof. (2) Section 102 is amended by redesignating paragraph (4), the second place it appears therein, as paragraph (5), and by redesignating paragraphs (5) and (6) as paragraphs (6) and (7), respectively. (b)(1) Section 201(a) is amended by striking out "VI and as otherwise specifically provided by the Older Americans Comprehensive Services Amendments of 1973" and inserting in lieu thereof "V". (2) Section 202(a) (15), as so redesignated in section 102(b)(1), is amended by inserting after "Discrimination" the following: "in Employment". (3) Section 205(d)(3) is amended by striking out "and" at the end thereof. (4)(A) Sections 202, 204, and 205 are amended by striking out "older persons" each place it appears therein and inserting in lieu thereof "older individuals". (B) Section 202(a) (12), as so redesignated in section 102(b)(1), is amended by striking out "such persons" and inserting in lieu thereof "such individuals". (c)(1) Section 404(a)(6), as so redesignated in section 104(a)(4) (C), is amended by striking out "curricula" the second place it appears therein and inserting in lieu thereof "curriculum". (2) Section 404(b) is amended by striking out "federally supported" and inserting in lieu thereof "federally-supported". (3) Sections 404 and 411 are amended by striking out "older persons" each place it appears therein and inserting in lieu thereof "older individuals". (d) Section 504(b), as so redesignated in section 105(a), is amended by striking out the comma after "contract" the second place it appears therein.

42 USC 3002.

42 USC 3011. 42 USC 3012. 42 USC 3015. 42 USC 3012, 3014, 3015.

42 USC 3034.

42 USC 3034, 3035. 42 USC 3056b.

E P F E C n V E DATE

SEC. 504. This Act, and the amendments made by this Act, shall 42 USC 3001 take effect at the close ojf September 30, 1978. note. Approved October 18, 1978.

LEGISLATIVE HISTORY: HOUSE REPORTS: No. 95-1150 (Comm. on Education and Labor) and No. 95-1618 (Comm. of Conference). SENATE REPORTS: No. 95-855 accompanying S. 2850 (Comm. on Human Resources) and No, 95-1236 (Comm. of Conference). CONGRESSIONAL RECORD, Vol 124 (1978): May 15, considered and passed House. July 24, considered and passed Senate, amended, in lieu of S. 2850. Oct. 4, House agreed to conference report. Oct. 6, Senate agreed to conference report. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 14, No. 42: Oct. 18, Presidential statement.

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 92 STAT. 1560

PUBLIC LAW 95-479—OCT. 18, 1978

Public Law 95-479 95th Congress An Act Oct. 18, 1978 [H.R. 11886]

Veterans' Disability Compensation and Survivors' Benefits Act of 1978. 38 USC 101 note.

To amend title 38, United States Code, to provide increases in the rates of disability and dependency and indemnity compensation for disabled veterans and their survivors, to provide for the payment of benefits to surviving spouses and children of certain totally disabled service-connected disabled veterans, to increase the amounts paid for funeral and burial expenses of deceased veterans, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Cmigress assembled, That (a) this Act may be cited as the "Veterans' Disability Compensation and Survivors' Benefits Act of 1978". (b) Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of title 38, United States Code. TITLE I—VETERANS' DISABILITY COMPENSATION BENEFITS RATES OF DISABILITY COMPENSATION

38 USC 314. ,., ' '

.. ^^

I

Ji:j tt

SEC. 101. (a) Section 314 is amended— (I) by striking out "$41" in subsection (a) and inserting in lieu thereof "$44"; (2) by striking out "$75" in subsection (b) and inserting in _ lieu thereof "$80"; (3) by striking out "$113" in subsection (c) and inserting in lieu thereof "$121"; (4) by striking out "$155" in subsection (d) and inserting in lieu thereof "$166"; (5) by striking out "$216" in subsection (e) and inserting in lieu thereof "$232"; (6) by striking out "$272" in subsection (f) and inserting in lieu thereof "$292"; (7) by striking out "$322" in subsection (g) and inserting in lieu thereof "$346"; (8) by striking out "$373" in subsection (h) and inserting in lieu thereof "$400"; (9) by striking out "$419" in subsection (i) and inserting in lieu thereof "$450"; (10) by striking out "754" in subsection (j) and inserting in J lieu thereof "$809"; (II) by striking out "$937" and "$1,312" in subsection (k) and inserting in lieu thereof "$1,005" and "$1,408", respectively; (12) by striking out "$937" in subsection (1) and inserting in lieu thereof "$1,005"; (13) by striking out "$1,032" in subsection (m) and inserting in lieu thereof "$1,107"; (14) by striking out "$1,172" in subsection (n) and inserting in lieu thereof "$1,258";

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 PUBLIC LAW 95-479—OCT. 18, 1978

92 STAT. 1561

(15) by striking out "$1,312" each place it appears in subsections (o) and (p) and inserting in lieu thereof "$1,408"; and (16) by striking out "$843" in subsection (s) and inserting in lieu thereof "$905". (b) Subsection (p) of section 314 (as amended by clause (15) of sub- 38 USC 314. section (a) of this section) is further amended by inserting before the semicolon a period and the following new sentence: "In the event the veteran has suffered the anatomical loss oi- loss of use, or a combination of anatomical loss and loss of use, of three extremities, the Administrator shall allow the next higher rate or intermediate rate, but in no event in excess of $1,408". (c) Section 314(r) is amended by striking out the first sentence and inserting in lieu thereof the following new sentences: "Subject to section 3203(e) of this title, if any veter-an, otherwise entitled to the com- 38 USC 3203. pensatioji authorized under subsection (o) of this section or at the maximum rate authorized under subsection (p) of this section, is in need of regular aid and attendance, then, in addition to such compensation under subsection (o) or (p) of this section— "(1) the veteran shall be paid a monthly aid and attendance allowance at the rate of $604; or " (2) if the veteran, in addition to such need for regular aid and attendance, is in need of a higher level of care, such veteran shall be paid a monthly aid and attendance allowance at the rate of $900, in lieu of the allowance authorized in clause (1) of this subsection, if the Administi-ator finds that the veteran, in the absence of the provision of such care, would require hospitalization, nursing home care, or other residential institutional care. For the purposes of clause (2) of this subsection, need for a higher level of care shall be considered to be need for personal health-care services provided on a daily basis in the veteran's home by a person who is licensed to provide such services or who provides such services under the regular supervision of a licensed health-care professional. The existence of the need for such care shall be determined by a physician employed by the Veterans' Administration or, in areas where no such physician is available, by a physican carrying out such function under contract or fee arr'angement based on an examination by such physician.". (d) Section 314 is amended by adding at the end thereof the 38 USC 314. following new subsection: "(t)(1) If the veteran (A) is entitled to receive compensation at any rate provided for under subsections (a) through (i) of this ti section and compensation under subsection (k) of this section, • (B) has suffered the loss or loss of use of an extremity as a result of a service-connected disability ratable at 40 per centum or more, f and (C) has suffered the loss or loss of use of the paired extremity as a result of a non-service-connected disability, not the result of the veteran's own willful misconduct, that would be rated, if service-connected, at 40 per centum or more, the monthly rate of compensation payable to such veteran shall be increased by $175. "(^2) If a veteran described in paragraph (1) of this subsection • receives any money or property of value pursuant to an award in a judicial proceeding based upon, or a settlement or compromise of, any cause of action for damages for the non-service-connected
 * , disability described in such paragraph, the increase in the rate

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 92 STAT. 1562

PUBLIC LAW 95-479—OCT. 18, 1978 ,

of compensation otherAvise payable under this subsection shall not be paid for any month following a month in which any such i; money or property is received until such time as the total of the amount of such increase that would otherwise have been payable hU: Jcii I t - equals the total of the amount of any such money received and the fair market value of any such property received.". Rates of (e) The Administrator of Veterans' Affairs may adjust administracompensation. tively, consistent with the increases authorized by the amendments ^«iTQr^^'^"i°m ^'^^^^ by this section, the rates of disability compensation payable to note ^'"^''' persons within the purview of section 10 of Public Law 85-857 who are not in receipt of compensation payable pursuant to chapter 11 of 38 title 38, United States Code. seq. use 301 et RATES o r ADDITIONAL COMPENSATION FOR DEPENDENTS

38 USC 315.

SKC. 102. (a) Section 315(1) isamended— (1) by striking out "$46" pi clause (A) and inserting in lieu thereof "$49";_ (2) by striking out "$77" in clause (B) and inserting in lieu thereof "83"; (3) by striking out "$98" in clause (C) and inserting in lieu ' thereof"$110"; (4) by striking out "$120" and "$22" in clause (D) and inserting " (5) by striking out "$30" in clause ( E j and inserting in lieu ' thereof''$34"; (6) by striking out "$.52" in clause (F) and inserting in lieu thereof "$61"; (7) by striking out "$77" and '"$22" in clause (G) and inserting •' in lieu thereof "$88" and "$27". respectively; (8) by striking out "$37" in clause (H) and inserting in lieu thereof "$40"; (9) by striking out "$83" in clause (I) and inserting in lieu thereof "$89"; and (10) by striking out "$70" in clause (J) and inserting in lieu thereof "$75". (b) Section 315 is further amended by striking out "50 per centum" in the matter preceding paragraph (i) and in paragraph (2) and inserting in lieu thereof "30 per centum". CLOTHING ALLOWANCE FOR CERTAIN DISABLED VETERANS
 * in lieu thereof''$137" and "$27", respectively;

38 USC 362.

SEC. 103. Section 362 is amended by striking out "$203" and inserting in lieu thereof "$218". . M:^ TITLE II—SURVIVORS' DEPENDENCY AND INDEMNITY COMPENSATION B E N E F I T S 'O '' - •'

38 USC 411.

RATES OF DEPENDENCY AND I N D E M N I T Y COMPENSATION FOR SURVIVING SPOUSES

SEC. 201. (a) Subsection (a) of section 411 is amended to read as follows: "(a) Dependency and indemnity compensation shall be paid to a surviving spouse, based on the pay grade of the persons upon whose

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 PUBLIC LAW 95-479—OCT. 18, 1978

92 STAT. 1563

death entitlement is predicated, at monthly rates set forth in the following t a b l e: ''Pay grade: E-1 E-2 E-3 E-4 E-5 E-6 E-7 E-8 E-9 W-1 W-2 W-3

Monthly rate "Pay grade: §297 W-4 307 0-1 314 0-2 334 0-3 343 0-4 351 O-o 368 0-6 388 0-7 '406 0-8 376 0-9 391 O-IO 402

Monthly rate $426 376 388 416 439 484 544 590 &46 694 =760

"1 If the veteran served as sergeant major of the Army^ senior enlisted advisor of the Xavy, chief master sergeant of the Air Force, sergeant major of the Marine Corps, or master chief petty officer of the Coast Guard, at the applicable time designated by section 402 of this title, the surviving spouse's rate shall be $437. "2 If the veteran served as Chairman of the Joint Chiefs of Staff, Chief of Staff of the Army, Chief of Naval Operations. Chief of Staff of the Air Force or Commandant of the Marine Corps, at the applicable time designated by section 402 of this title, the surviving spouse's rate shall be $814.".

(b) Subsection (b) of such section is amended by striking out '•$33'' and inserting in lieu thereof "$35". (c) Subsection (c) of such section is amended by striking out "$83" and inserting in lieu thereof "$89"'. (d) Such section is further amended by a d d i n g a t the end thereof the following new subsection: ' ' (d) The monthly rate of dependency and indemnity compensation payable to a s u r \ i v i n g spouse shall be increased by $45 if the surviving spouse is, by reason of disability, permanently housebound but does not qualify for the aid and attendance allowance under subsection (c) of this section. For the purposes of this subsection, the requirement of 'permanently housebound' will be considered to have been met when the surviving spouse is substantially confined to such surviving spouse's home (ward or clinical aivas. if institutionalized) or immediate premises by reason of a disability or disabilities which it is reasonably certain will i*em'ain throughout such surviving spouse's lifetime.". RAl'ES OF DEPKNDKNCV A M) l.NDKMMTV COMPEXSATION

SEC. '102. Secti(m 413 is amended— (1) by striking out "$140" in thereof "$150"; (2) by striking out "$201" in thereof ""$216": (3) by striking out "$259" in
 * thereof''$278"; and

(4) by striking out ''$259" and in lieu thereof "$278" and "$56".

FOR (IIII.DRKX

38 USC 413. clause (1) and inserting in lieu clause (2) and inserting in lieu clause (3) and inserting in lieu ,

>

''$52" in clause (4) and inserting respectively.

RATES OF SUPPLEMENTAL DEPENDENCY AND INDEMNITY COMPENSATION FOR CHILDREN

S E C 203. Section 414 is amended— 38 USC 414. (1) by striking out "$83" in subsection (a) and inserting in lieu thereof "$89";

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 92 STAT. 1564

PUBLIC LAW 95-479—OCT. 18, 1978 (2) by striking out "$140" in subsection (b) and inserting in lieu thereof "$150"; and (3) by striking out "$7l" in subsection (c) and inserting in lieu thereof "$76".

38 USC 410.

38 USC 411.

BENEFITS FOR SURVIVING SPOUSES AND CHILDREN OF CERTAIN TOTAIXY DISABLED VETERANS

SEC. 204. Section 410 is amended by redesignating subsection (b) as subsection (c) and by inserting after subsection (a) the following new subsection (b): "(b)(1) Notwithstanding the provisions of subsection (a) of this section, when any veteran dies, not as the result of the veteran's own willful misconduct, if the veteran was in receipt of (or but for the receipt of retired or retirement pay was entitled to receive) compensation at the time of death for a service-connected disability that either (A) was continuously rated totally disabling for a period of ten or more years immediately preceding death, or (B) if so rated for a lesser period, was so rated continuously for a period of not less than five years from the date of such veteran's discharge or other release from active duty, the Administrator shall pay benefits under this chapter to the veteran's surviving spouse, if such surviving spouse was married to such veteran for not less than two years immediately preceding such veteran's death, and to such veteran's children, in the same manner as if the veteran's death were service connected. " (2) If a surviving spouse or a child receives any money or property of value pursuant to an award in a judicial proceeding based upon, or a settlement or compromise of, any cause of action for damages for the death of a veteran described in paragraph (1) of this subsection, benefits under this chapter payable to such surviving spouse or child by virtue of this subsection shall not be paid for any month following a month in which any such money or property is received until such time as the total amount of such benefits that would otherwise have been payable equals the total of the amount of the money received and the fair market value of the property received. "(3) For purposes of sections 1448(d) and 1450(c) of title 10, eligibility for benefits under this chapter by virtue of this subsection shall be deemed eligibility for dependency and indemnity compensation under section 411(a) of this title.". TITLE III—MISCELLANEOUS PROVISIONS NONTAXABLE STATUS OF CERTAIN RETIRED PAY RECEIVED I N L I E U OF V E T E R A N S ' BENEFITS

38 USC 3101. X

,,

S E C 301. Section 3101 is amended by adding at the end thereof the following new subsection: "(d) In the case of a person who— "(1) has been determined to be eligible to receive pension or compensation under laws administered by the Veterans' Administration but for the receipt by such person of pay pursuant to any provision of law providing retired or retirement pay to members or former members of the Armed Forces or commissioned officers (%i the National Oceanic and Atmospheric Administration or of 11:6 Public Health Service: and

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 PUBLIC LAW 95-479—OCT. 18, 1978

92 STAT. 1565

-'

" ( ^) lilt'^ y- waiver of such pay in accoidanco with section;]10r> of this title in the amount of such pension or compensation before the end of the one-year period beginning on the date such person is notified by the Veterans' Administration of such person's eligibility for such pension or compensation, the retired or retirement pay of such person shall be exempt from taxation, as provided in subsection (a) of this section, in an amount equal to the amount of pension or compensation which would have been paid to such person but for the receipt by such person of such pay.". IfATK OK SI'KCIAL I'KNSKtN I'OK MKDAI. OK IIOXOK KKCII'IKXTS

SEC. 302. Section 562(a) is amended by striking out "$100"' and 38 USC 562. inserting in lieu thereof "$200". BURIAL BEXEFITS

. s.

SEC. 803. (a) Section 902(a) and section 903(a)(1) are amended by striking out "$250" and inserting in lieu thereof "$300''. (b) Section 906(b) is amended by striking out "dying in the service, and". (c) The first sentence of section 907 is amended by inserting "the greater of (1) $1,100, or (2) " after "not exceeding". AI:T0M0BILE

A L L O W A N C E FOK

CERTAIN

38 USC 902, ^^3. 38 USC 906. 38 USC 907.

IMSABf.ED VETERANS

SEC. 304. Section 1902(a) is amended by striking out ".'^3.300" and inserting in lieu thereof "$3,800".

38 USC 1902.

S T I D Y OF IIEALTH-CARE AND COMPENSATiON NEEDS OF FOK'MER I'l.TSdNEItS OF W^\R

SEC. 305. (a) The Administrator of Veterans' Affairs, in consultation with the Secretary of Defense, shall carry out a comprehensive study of the disability compensation awarded to, and the health-care needs of, veterans who are former prisoners of war. The Administrator shall include in such study— (1) descriptions and analyses of the repatriation procedures, including physical examinations, for former prisoners of war and the adequacy of such procedures and the resultant medical records of former prisoners of w a r; (2) the types and severity of disabilities that are particularly prevalent among former prisoners of war in various theaters of operation at various times; (3) a description and analysis of procedures used with respect to former prisoners of war in determining eligibility for healthcare benefits and in adjudicating claims for disability compensation, including an analysis of the current use of statutor}' and regulatory provisions specifically relating to former prisoners of w a r; and (4) a survey and analysis of the medical liteiature on the health-related problems of former prisoners of war. " (b) The Administrator shall transmit to the Congress and to the President a report on the results of such study not later than February 1, 1980. Such report shall include recommendations for such administrative and legislative action as the Administrator considers

38 USC 301 note,

Report to Congress and President,

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 92 STAT. 1566

PUBLIC LAW 95-479—OCT. 18, 1978 may be necessary to assure that former prisoners of war receive compensation and health-care benefits for all disabilities which may reasonably be attributed to their internment. REQUIREMENT OF UNITED STATES C I T I Z E N S H I P FOR SUPERlN'tENDENTS AND ASSISTANT SUPERINTENDENTS OF CEMETERIES OPERATED BY THE AMERICAN BATTLE MONUMENTS COMMISSION

(.,^-

fa

 * 'V

J B. ^'"*

S E C 306. The third paragraph of the first section of the Act entitled "An Act for the creation of an American Battle Monuments Commission to erect suitable memorials commemorating the services of the American soldier in Europe, and for other purposes", approved March 4, 1923 (36 U.S.C. 121), is amended by adding after the last sentence thereof the following new sentence: "No individual may be employed as the superintendent, or as an assistant superintendent, of a cemetery operated by the Commission unless such individual is a citizen of the United States.". - ,, MEMORIAL TO HONOR VETERANS OF THE VIETNAM CONFLICT I N MEMORIAL A M P H I THE A T E R OF ARLINGTON NATIONAL CEMETERY

24 USC 295a note. ^^, _,j

SEC. 307. The Secretary of Defense shall have placed in the Trophy Hall of the Memorial Amphitheater at Arlington National Cemetery a memorial plaque which shall bear the following inscription: "The people of the United States of America pay tribute to those members of the Armed Forces of the United States who served honorably in Southeast Asia during the Vietnam conflict.". To further honor those .;; -: • i '••< members of the Armed Forces who lost their lives in hostile action in Southeast Asia during the Vietnam conflict, the Secretary of Defense shall have placed near such plaque in a suitable repository a display of the Purple Heart Medal and other medals, ribbons, and decorations associated with service in Southeast Asia during the Vietnam conflict. TITLE IV—EFFECTIVE DATES

38 USC 314note.

SEC. 401. (a) Except as provided in subsection (b), the amendments made by this Act shall take effect on October 1, 1978. (b) The amendment made by section 302 shall take effect on January 1, 1979.
 * Approved October 18, 1978.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-1226 (Comm. on Veterans' Affairs). SENATE REPORT No. 95-1054 accompanying S. 2828 (Comm. on Veterans' Affairs). CONGRESSIONAL RECORD, Vol. 124 (1978): June 28, considered and passed House. Aug. 7, considered and passed Senate, amended in lieu of S. 2828. Sept. 26, House concurred in Senate amendments with amendments. > Oct. 2, Senate agreed to House amendments. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 14, No. 42: Oct. 18, Presidential statement.

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 PUBLIC LAW 95-480—OCT. 18, 1978

92 STAT. 1567

Public Law 95-480 95th Congress An Act Making appropriations for the Departments of Labor, and Health, Education, and Welfare, and related agencies, for the fiscal year ending September 30, 1979, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the Departments of Labor, and Health, Education, and Welfare, and related agencies for the fiscal year ending September 30,19T9, and for other purposes, namely: TITLE I—DEPARTMENT OF LABOR J

EMPLOYMENT AXD T R A I N I N G

ADMINISTRATION

Oct. 18. 1978 [H.R. 12929]

Departments of Labor and Health, Education, and Welfare Appropriations Act, 1979. Department of Labor Appropriation Act, 1979.

FEDERAL UNEMPLOYMENT BENEFITS AND ALLOWANCES

For payments during the current fiscal year of benefits and allow' ances to unemployed Federal employees and ex-servicemen, as authorized by title 5, chapter 85 of the United States Code, of benefits and 5 USC 8501 et payments as authorized by title II of Public Law 95-250, of trade seq. adjustment benefit payments and allowances, as provided by law (19 Ante, p. 172. U.S.C. 1941-1944 and 1952; part I, subchapter B, chapter 2, title II of the Trade Act of 1974), and for reimbursement to States for unem- 19 USC 2291. ployment benefits paid on the basis of public service employment as authorized by title II of the Emergency Jobs and Unemployment Assistance Act of 1974, as amended, and for reimbursements as authorized by Section 121 of P.L. 94-566, $950,000,000, together with 26 USC 3304 such amounts as may be necessary to be charged to the subsequent note. appropriation for payments for any period subsequent to September 15 of the current year: Provided, That, in addition, there shall be transferred from the Postal Service Fund to this appropriation such sums as the Secretary of Labor determines to be the, cost of benefits for ex-Postal Service employees: Provided further, That amounts received during the current fiscal year from the Postal Service or recovered from the States pursuant to 5 U.S.C. 8505(d) shall be available for such payments during the year: Provided further. That amounts received or recovered pursuant to section 208(e) of Public Law 95-250 Ante, p. 180. shall be available for payments. GRANTS TO STATES FOR UNEMPLOYMENT INSURANCE AND EMPLOYMENT SERVICES

For grants for activities authorized by the Act of June 6, 1933, as amended (29 U.S.C. 49-49n; 39 U.S.C. 3 2 0 2 (a)(1)(E)); Veterans' Employment and Readjustment Act of 1972, as amended (38 U.S.C. 2001-2013); title III of the Social Security Act, as amended (42 U.S.C. 501-503); sections 312(e) and (g)' of the Comprehensive Employment and Training Act of 1973, as amended; and necessary 29 USC 882. administrative expenses for carrying out 5 U.S.C. 8501-8523,19 U.S.C. 1941-1944, 1952, and chapter 2, title II, of the Trade Ac£ of 1974, 19 USC 2271.

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