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Page:United States Statutes at Large Volume 98 Part 2.djvu/1160

 98 STAT. 2320

PUBLIC LAW 98-501—OCT. 19, 1984

Public Law 98-501 98th Congress An Act Oct. 19, 1984 [S. 1330]

To establish a National Council on Public Works Improvement to prepare three annual reports on the state of the Nation's infrastructure, to amend the provisions of title 31, United States Code, relating to the President's budget to require it to separately identify and summarize the capital investment expenditures of the United States, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, Public Works Improvement Act of 1984.

TITLE I- -NATIONAL COUNCIL ON PUBLIC WORKS IMPROVEMENT SHORT TITLE

42 USC 3121 note.

SEC. 101. This title may be cited as the 'Public Works Improvement Act of 1984". ESTABLISHMENT

42 USC 3121 note.

SEC. 102. There is established a council to be known as the National Council on Public Works Improvement (hereinafter in this title referred to as the "Council"). DUTIES

Report. 42 USC 3121 note.

SEC. 103. (a)(1) Not later than February 15, 1986, February 15, 1987, and February 15, 1988, the Council shall prepare and submit to the President and the Congress a report on the state of the Nation's infrastructure (hereinafter in this title referred to as the "Infrastructure Report"). Each Infrastructure Report shall include, but not be limited to, an analysis of each of the following: (A) the age and condition of public works improvements and changes in their condition from preceding years; (B) the methods used to finance the construction, acquisition, rehabilitation, and maintenance of public works improvements, including but not limited to general obligation and revenue bonds, user fees, excise taxes, direct governmental assistance, and private investment; (C) any trends in methods used to finance such construction, acquisition, rehabilitation, and maintenance; (D) the capacity of public works improvements to sustain current and anticipated economic development and to support a sustained and expanding economy;

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 PUBLIC LAW 98-501—OCT. 19, 1984

98 STAT. 2321

(E) maintenance needs and projected expenditures for public works improvements. (2) In addition, each Infrastructure Report— (A) shall include a discussion of infrastructure program priorities (including alternative methods of meeting national infrastructure needs to effectuate balanced growth and economic development); and (B) to the extent practicable, shall provide, for other public works facilities owned or operated by the Federal Government, any State or local government, or any public agency or authority organized pursuant to State or local law, an analysis similar to the analysis provided under paragraph (1) for public works improvements. (b) Not later than September 30, 1985, the Council shall— (1) analyze criteria and procedures used by Federal agencies. States, and units of local government in inventorying existing and needed public works improvements and assessing the condition of public works improvements and develop and publish uniform criteria and procedures which may be used for conducting such inventories and assessments; and (2) develop and recommend to the President and the Congress proposed guidelines for the uniform reporting by Federal agencies of construction, acquisition, rehabilitation, and maintenance data with respect to public works improvements. (c) The Council shall convene its first meeting no earlier than February 15, 1985, and no later than April 15, 1985. (d) In carrying out its duties under this section, the Council shall use existing data and sampling techniques to the maximum extent feasible. When developing new data under this title, the Council shall make every effort to assure that such data is developed in consultation with the States so that uniform methods, categories, and analyses are used. (e) Each Infrastructure Report, when submitted to the Congress, shall be referred to the Committee on Public Works and Transportation of the House of Representatives and the Committee on Environment and Public Works of the Senate.

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MEMBERSHIP

SEC. 104. (a) The Council shall be composed of five members— 42 USC 3121 (1) three of whom shall be appointed by the President; ^°^^(2) one of whom shall be appointed by the Speaker of the House of Representatives; and (3) one of whom shall be appointed by the President pro tempore of the Senate; from among persons knowledgeable and experienced in one or more of the following: public administration, planning, architecture, civil engineering, and public investment financing. (b) A vacancy in the Council shall not affect its powers but shall be filled in the manner in which the original appointment was made. (c) Four members of the Council shall constitute a quorum, but the Council may establish a lesser number as a quorum for the purpose of holding hearings, taking testimony, and receiving evidence. (d) The Chairman of the Council shall be elected by the members of the Council.

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 98 STAT. 2322

PUBLIC LAW 98-501—OCT. 19, 1984

(e) The Council shall meet at the call of the Chairman or a majority of its members. (f) Members of the Council shall be appointed for the life of the Council. (g) Members of the Council shall serve without pay, except that they shall receive per diem and travel expenses in accordance with section 5703 of title 5, United States Code. DIRECTOR AND STAFF

42 USC 3121 note.

SEC. 105. (a) The Council shall have a director who shall be appointed by the Council and shall be paid at a rate not to exceed the rate of basic pay payable to level V of the Executive Schedule. (b) The Council may appoint and fix the pay of such additional personnel as the Council considers appropriate. (c) The director and staff of the Council may be appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service and may be made without regard to the provisions of chapter 51 and subchapter III of chapter 5 USC 5101 et 53 of such title relating to classification and General Schedule pay seq., 5331. rates. Any Federal employee subject to the civil service laws and regulations who may be employed by the Council shall retain civil service status without interruption or loss of status or privilege. In no event shall any employee of the Council other than the staff director receive as compensation an amount in excess of the maxi5 USC 5332 note, mum rate of basic pay payable for GS-18 of the General Schedule. POWERS OF THE COUNCIL

42 USC 3121 note.

Contracts with U.S.

SEC 106. (a) Upon request of the Council, the head of any Federal agency may detail, on a reimbursable basis, any of the personnel of such agency to the Council to assist the Council in carrying out its duties under this title. 03) Upon request of the Council, the Secretary of the Army, acting through the Chief of Engineers, shall provide, on a reimbursable basis, such office space, supplies, equipment, and other support services to the Council and its staff as may be necessary for the Council to carry out its duties under this title. (c) The Council may secure directly from any department or agency of the United States information necessary to enable it to carry out this title. Upon request of the Chairman of the Council, the head of such department or agency shall furnish such information to the Council. (d) The Council or any member authorized by the Council may, for the purpose of carrying out this title, hold such hearings, sit and act at such time and places, take such testimony, have such printing and binding done, enter into such contracts and other arrangements (with or without consideration or bond, to such extent or in such amounts as are provided in appropriation Acts, and without regard to section 3709 of the Revised Statutes (41 U.S.C. 5)), make such expenditures, and take such other actions as the Council or such member may deem advisable to carry out this title. Any member of the Council may administer oaths or affirmations to witnesses appearing before the Council or before such member. .T\0^^

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 PUBLIC LAW 98-501—OCT. 19, 1984

98 STAT. 2323

ADVISORY GROUP

SEC. 107. (a) There is established an advisory group to provide such assistance and advice as the Council may request. Such group shall be composed of 12 members as follows: (1) the Secretary of the Army, who shall be the Chairman of such group; (2) the Secretary of Agriculture; (3) the Secretary of Housing and Urban Development; (4) the Secretary of Transportation; (5) the Administrator of the Environmental Protection Agency; (6) the Secretary of Commerce; (7) the Chairman of the National Governors Association; (8) the President of the National Conference of State Legislatures; (9) the President of the National Association of Counties; (10) the President of the National Association of Regional Councils; (11) the President of the National League of Cities; and (12) the President of the United States Conference of Mayors. (b) The members of the advisory group shall serve without pay. (c) The advisory group shall cease to exist on April 15, 1988.

Establishment. 42 USC 3121 ^°^-

Termination.

CONGRESSIONAL BUDGET OFFICE REVIEW

SEC. 108. Not later than 90 days after the date on which each Infrastructure Report is submitted to the Congress by the Council, the Congressional Budget Office shall review such report and shall submit a report on the results of such review to the Committee on Public Works and Transportation of the House of Representatives and the Committee on Environment and Public Works of the Senate.

Report. 42 USC 3121 not6.

TERMINATION

SEC. 109. The Council shall cease to exist on April 15, 1988.

42 USC 3121 note.

FUNDING

SEC. 110. (a) From funds otherwise appropriated to the Secretary of the Army for purposes of civil works, the Secretary shall transfer to the Council in the fiscal year ending September 30, 1985, such amounts as the Council may request but not to exceed $3,200,000. (b) There is authorized to be appropriated to the Council to carry out the provisions of this title $3,500,000 per fiscal year for each of the fiscal years ending September 30, 1986, and September 30, 1987, and $2,000,000 for the fiscal year ending September 30, 1988.

42 USC 3121 note.

ApiJropriation authorization.

DEFINITIONS

SEC. 111. For purposes of this title, the term— (1) "acquisition" includes the addition of land, sites, equipment, structures, facilities, or rolling stock by purchase, leasepurchase, trade, or donation; (2) "construction" includes the design, planning, and erection of new structures and facilities, the expansion of existing structures and facilities, the reconstruction of a project at an existing

42 USC 3121 note.

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 98 STAT. 2324

PUBLIC LAW 98-501—OCT. 19, 1984 site or adjacent to an existing site, and the installation of initial and replacement equipment for such structures and facilities; (3) "public works improvements" means the following publicly owned civilian facilities: highways; streets; bridges; mass transportation facilities and equipment; resource recovery facilities; airports; airway facilities; water supply and distribution systems; weistewater collection, treatment, and related facilities; dams; federally owned buildings; docks and ports; waterways; and such other public facilities as the Council determines are critical for national economic development; (4) "maintenance" means regularly scheduled activities, including routine repairs, intended to keep a facility operating efficiently; and (5) "rehabilitation" includes the alteration of or correction of deficiencies in an existing structure or facility so as to extend the useful life or improve the effectiveness of the structure or facility, the modernization or replacement of equipment at an existing structure or facility, and the modernization of, or replacement of parts for, rolling stock.

Federal Capital Investment Program Information Act of 1984. 31 USC 1101 note.

TITLE II—FEDERAL CAPITAL INVESTMENT PROGRAM SHORT TITLE

SEC. 201. This title may be cited as the "Federal Capital Investment Program Information Act of 1984". PURPOSES

31 USC 1105 note.

SEC. 202. The purposes of this title are— (1) to provide budget projections for major Federal capital investment programs; (2) to provide a summary of the most recent needs assessment analyses for these programs; (3) to provide information on the sensitivity of the needs estimates to major policy issues and technical and economic variables; (4) to assist the planning capabilities of State and local governments on the assessment of major capital investment programs; and (5) to improve legislative oversight over Federal capital investment programs. FEDERAL CAPITAL INVESTMENT PROGRAM REPORT

SEC. 203. Section 1105 of title 31, United States Code, is amended by adding at the end thereof the following new subsection: "(e)(1) The President shall submit with materials related to each budget transmitted under subsection (a) on or after January 1, 1985, an analysis for the ensuing fiscal year that shall identify requested appropriations or new obligational authority and outlays for each major program that may be classified as a public civilian capital investment program and for each major program that may be classified as a military capital investment program, and shall contain summaries of the total amount of such appropriations or new obligational authority and outlays for public civilian capital investment programs and summaries of the total amount of such appropriations or new obligational authority and outlays for military

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 PUBLIC LAW 98-501—OCT. 19, 1984

98 STAT. 2325

capital investment programs. In addition, the analysis under this paragraph shall contain— "(A) an estimate of the current service levels of public civilian capital investment and of military capital investment and alternative high and low levels of such investments over a period of ten years in current dollars and over a period of five years in constant dollars; "(B) the most recent assessment analysis and summary, in a standard format, of public civilian capital investment needs in each major program area over a period of ten years; "(C) an identification and analysis of the principal policy issues that affect estimated public civilian capital investment needs for each major program; and "(D) an identification and analysis of factors that affect estimated public civilian capital investment needs for each major program, including but not limited to the following factors: "(i) economic assumptions; "(ii) engineering standards; "(iii) estimates of spending for operation and maintenance; "(iv) estimates of expenditures for similar investments by State and local governments; and "(v) estimates of demand for public services derived from such capital investments and estimates of the service capacity of such investments. To the extent that any analysis required by this paragraph relates to any program for which Federal financial assistance is distributed under a formula prescribed by law, such analysis shall be organized by State and within each State by major metropolitan area if data are available. "(2) For purposes of this subsection, any appropriation, new obligational authority, or outlay shall be classified as a public civilian capital investment to the extent that such appropriation, authority, or outlay will be used for the construction, acquisition, or rehabilitation of any physical asset that is capable of being used to produce services or other benefits for a number of years and is not classified as a military capital investment under paragraph (3). Such assets shall include (but not be limited to)— "(A) roadways or bridges, "(B) airports or airway facilities, "(C) mass transportation systems, "(D) wastewater treatment or related facilities, "(E) water resources projects, "(F) hospitals, "(G) resource recovery facilities, "(H) public buildings, "(I) space or communications facilities, "(J) railroads, and "(K) federally assisted housing. "(3) For purposes of this subsection, any appropriation, new obli- Defense and gational authority, or outlay shall be classified as a military capital national investment to the extent that such appropriation, authority, or ^^'^"''"youtlay will be used for the construction, acquisition, or rehabilitation of any physical asset that is capable of being used to produce services or other benefits for purposes of national defense and security for a number of years. Such assets shall include military bases, posts, installations, and facilities.

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Page:United States Statutes at Large Volume 98 Part 2.djvu/1166

 98 STAT. 2326

PUBLIC LAW 98-501—OCT. 19, 1984

"(4) Criteria and guidelines for use in the identification of public civilian and military capital investments, for distinguishing between public civilian and military capital investments, and for distinguishing between major and nonmajor capital investment programs shall be issued by the Director of the Office of Management and Budget after consultation with the Comptroller General and the Congressional Budget Office. The analysis submitted under this subsection shall be accompanied by an explanation of such criteria and guidelines. "(5) For purposes of this subsection— "(A) the term 'construction' includes the design, planning, and erection of new structures and facilities, the expansion of existing structures and facilities, the reconstruction of a project at an existing site or adjacent to an existing site, and the installation of initial and replacement equipment for such structures and facilities; "(B) the term 'acquisition' includes the addition of land, sites, equipment, structures, facilities, or rolling stock by purchase, lease-purchase, trade, or donation; and "(C) the term 'rehabilitation' includes the alteration of or correction of deficiencies in an existing structure or facility so as to extend the useful life or improve the effectiveness of the structure or facility, the modernization or replacement of equipment at an existing structure or facility, and the modernization of, or replacement of parts for, rolling stock.". Approved October 19, 1984.

LEGISLATIVE HISTORY—S. 1330 (H.R. 1244): HOUSE REPORTS: No. 98-153 accompanying H.R. 1244, Pt. 1 (Comm. on Public Works and Transportation) and Pt. 2 (Comm. on Government Operations), and No. 98-1134 (Comm. of Conference). SENATE REPORT No. 98-341 (Comm. on Environment and Public Works). CONGRESSIONAL RECORD, Vol. 130 (1984): Feb. 9, considered and passed Senate. May 15, H.R. 1244 considered and passed House; S. 1330, amended, passed in lieu. Oct. 4, House agreed to conference report. Oct. 5, Senate agreed to conference report.

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Page:United States Statutes at Large Volume 98 Part 2.djvu/1167

 PUBLIC LAW 98-502—OCT. 19, 1984

98 STAT. 2327

Public Law 98-502 98th Congress An Act To establish uniform audit requirements for State and local governments receiving Federal financial assistance.

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

Oct. 19, 1984 [S. 1510]

Single Audit Act of 1984.

SHORT TITLE; P U R P O S E

SECTION 1. (a) This Act may be cited as the "Single Audit Act of 31 USC 7501 1984". note. (b) It is the purpose of this Act— (1) to improve the financial management of State and local governments with respect to Federal financial assistance programs; (2) to establish uniform requirements for audits of Federal financial assistance provided to State and local governments; (3) to promote the efficient and effective use of audit • resources; and (4) to ensure that Federal departments and agencies, to the ' maximum extent practicable, rely upon and use audit work done pursuant to chapter 75 of title 31, United States Code (as ^' added by this Act). AMENDMENT TO TITLE 3 1, UNITED STATES CODE

SEC. 2. (a) Subtitle V of title 31, United States Code, is amended by adding at the end thereof the following new chapter:

"CHAPTER 75—REQUIREMENTS FOR SINGLE AUDITS "Sec. "7501. "7502. "7503. "7504. "7505. "7506. "7507.

Definitions. Audit requirements; exemptions. Relation to other audit requirements. Cognizant agency responsibilities. Regulations. Monitoring responsibilities of the Comptroller General. Effective date; report.

"§ 7501. Definitions 3i use 7501. "As used in this chapter, the term— "(1) 'cognizant agency' means a Federal agency which is assigned by the Director with the responsibility for implementing the requirements of this chapter with respect to a particular State or local government. "(2) 'Comptroller General' means the Comptroller General of the United States. "(3) 'Director' means the Director of the Office of Management and Budget.

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Page:United States Statutes at Large Volume 98 Part 2.djvu/1168

 98 STAT. 2328

PUBLIC LAW 98-502—OCT. 19, 1984 "(4) 'Federal financial assistance' means assistance provided by a Federal agency in the form of grants, contracts, loans, loan guarantees, property, cooperative agreements, interest subsidies, insurance, or direct appropriations, but does not include direct Federal cash assistance to individuals. "(5) 'Federal agency' has the same meaning as the term 'agency' in section 551(1) of title 5, United States Code. "(6) 'generally accepted accounting principles' has the meaning specified in the generally accepted government auditing standards. "(7) 'generally accepted government auditing standards* means the standards for audit of governmental organizations, programs, activities, and functions, issued by the Comptroller General. "(8) 'independent auditor' means— "(A) an external State or local government auditor who meets the independence standards included in generally accepted government auditing standards, or "(B) a public accountant who meets such independence standards. "(9) 'internal controls' means the plan of organization and methods and procedures adopted by management to ensure that— "(A) resource use is consistent with laws, regulations, and policies; "(B) resources are safeguarded against waste, loss, and misuse; and "(C) reliable data are obtained, maintained, and fairly disclosed in reports. "(10) 'Indian tribe' means any Indian tribe, band, nation, or other organized group or community, including any Alaskan Native village or regional or village corporation (as defined in, or established under, the Alaskan Native Claims Settlement Act) that is recognized by the United States as eligible for the special programs and services provided by the United States to Indians because of their status as Indians. "(11) 'local government' means any unit of local government within a State, including a county, borough, municipality, city, town, township, parish, local public authority, special district, school district, intrastate district, council of governments, and any other instrumentality of local government. "(12) 'major Federal assistance program' means any program for which total expenditures of Federal financial assistance by the State or local government during the applicable year exceed— "(A) $20,000,000 in the case of a State or local government for which such total expenditures for all programs exceed $7,000,000,000; "(B) $19,000,000 in the case of a State or local government for which such total expenditures for all programs exceed $6,000,000,000 but are less than or equal to $7,000,000,000; "(C) $16,000,000 in the case of a State or local government for which such total expenditures for all programs exceed $5,000,000,000 but are less than or equal to $6,000,000,000; "(D) $13,000,000 in the case of a State or local government for which such total expenditures for all programs exceed $4,000,000,000 but are less than or equal to $5,000,000,000;

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98 STAT. 2329

"(E) $10,000,000 in the case of a State or local government for which such total expenditures for all programs exceed $3,000,000,000 but are less than or equal to $4,000,000,000; "(F) $7,000,000 in the case of a State or local government for which such total expenditures for all programs exceed $2,000,000,000 but are less than or equal to $3,000,000,000; "(G) $4,000,000 in the case of a State or local government for which such total expenditures for all programs exceed $1,000,000,000 but are less than or equal to $2,000,000,000; "(H) $3,000,000 in the case of a State or local government for which such total expenditures for all programs exceed $100,000,000 but are less than or equal to $1,000,000,000; and "(I) the larger of (i) $300,000, or (ii) 3 percent of such total expenditures for all programs, in the case of a State or local government for which such total expenditures for all programs exceed $100,000 but are less than or equal to $100,000,000. "(13) 'public accountants' means those individuals who meet the qualification standards included in generally accepted government auditing standards for personnel performing government audits. "(14) 'State' means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and the Trust Territory of the Pacific Islands, any instrumentality thereof, any multi-State, regional, or interstate entity which has governmental functions, and any Indian tribe. "(15) 'subrecipient' means any person or government department, agency, or establishment that receives Federal financial assistance through a State or local government, but does not include an individual that receives such assistance. "§ 7502. Audit requirements; exemptions "(a)(l)(A) Each State and local government which receives a total amount of Federal financial assistance equal to or in excess of $100,000 in any fiscal year of such government shall have an audit made for such fiscal year in accordance with the requirements of this chapter and the requirements of the regulations prescribed pursuant to section 7505 of this title. "(B) Each State and local government that receives a total amount of Federal financial assistance which is equal to or in excess of $25,000 but less than $100,000 in any fiscal year of such government shall— "(i) have an audit made for such fiscal year in accordance with the requirements of this chapter and the requirements of the regulations prescribed pursuant to section 7505 of this title; or "(ii) comply with any applicable requirements concerning financial or financial and compliance audits contained in Federal statutes and regulations governing programs under which such Federal financial assistance is provided to that government. "(C) Each State and local government that receives a total amount of Federal financial assistance which is less than $25,000 in any

3i use 7502.

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 98 STAT. 2330

PUBLIC LAW 98-502—OCT. 19, 1984

fiscal year of such government shall be exempt for such fiscal year from compliance with— "(i) the audit requirements of this chapter; and "(ii) any applicable requirements concerning financial or financial and compliance audits contained in Federal statutes and regulations governing programs under which such Federal financial assistance is provided to that government. The provisions of clause (ii) of this subparagraph do not exempt a State or local government from compliance with any provision of a Federal statute or regulation that requires such government to maintain records concerning Federal financial assistance provided to such government or that permits a Federal agency or the Comptroller General access to such records. "(2) For purposes of this section, a State or local government shall be considered to receive Federal financial assistance whether such assistance is received directly from a Federal agency or indirectly through another State or local government. "(b)(1) Except as provided in paragraphs (2) and (3), audits conducted pursuant to this chapter shall be conducted annually. "(2) If a State or local government is required— "(A) by constitution or statute, as in effect on the date of enactment of this chapter, or "(B) by administrative rules, regulations, guidelines, standards, or policies, as in effect on such date, to conduct its audits less frequently than annually, the cognizant agency for such government shall, upon request of such government, permit the government to conduct its audits pursuant to this chapter biennially, except as provided in paragraph (3). Such audits shall cover both years within the biennial period. "(3) Any State or local government that is permitted, under clause (B) of paragraph (2), to conduct its audits pursuant to this chapter biennially by reason of the requirements of a rule, regulation, guideline, standard, or policy, shall, for any of its fiscal years beginning after December 31, 1986, conduct such audits annually unless such State or local government codifies a requirement for biennial audits in its constitution or statutes by January 1, 1987. Audits conducted biennially under the provisions of this paragraph shall cover both years within the biennial period. "(c) Each audit conducted pursuant to subsection (a) shall be conducted by an independent auditor in accordance with generally accepted government auditing standards, except that, for the purposes of this chapter, such standards shall not be construed to require economy and efficiency audits, program results audits, or program evaluations. "(d)(1) Each audit conducted pursuant to subsection (a) for any fiscal year shall cover the entire State or local government's operations except that, at the option of such government— "(A) such audit may, except as provided in paragraph (5), cover only each department, agency, or establishment which received, expended, or otherwise administered Federal financial assistance during such fiscal year; and "(B) such audit may exclude public hospitals and public colleges and universities. "(2) Each such audit shall encompass the entirety of the financial operations of such government or of such department, agency, or establishment, whichever is applicable, and shall determine and report whether— "»-- v.-«:*~<..^^,...,...,...,.. „...

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98 STAT. 2331

"(A)(i) the financial statements of the government, department, agency, or establishment present fairly its financial position and the results of its financial operations in accordance with generally accepted accounting principles; and "(ii) the government, department, agency, or establishment has complied with laws and regulations that may have a material effect upon the financial statements; "(B) the government, department, agency, or establishment has internal control systems to provide reasonable assurance that it is managing Federal financial assistance programs in compliance with applicable laws and regulations; and "(C) the government, department, agency, or establishment has complied with laws and regulations that may have a material effect upon each major Federal assistance program. In complying with the requirements of subparagraph (C), the independent auditor shall select and test a representative number of transactions from each major Federal assistance program. "(3) Transactions selected from Federal assistance programs, other than major Federal assistance programs, pursuant to the requirements of paragraphs (2)(A) and (2)(B) shall be tested for compliance with Federal laws and regulations that apply to such transactions. Any noncompliance found in such transactions by the independent auditor in making determinations required by this paragraph shall be reported. "(4) The number of transactions selected and tested under para' ' ' --''' graphs (2) and (3), the selection and testing of such transactions, and the determinations required by such paragraphs shall be based on the professional judgment of the independent auditor. "(5) Each State or local government which, in any fiscal year of such government, receives directly from the Department of the Treasury a total of $25,000 or more under chapter 67 of this title 31 USC 6701 et (relating to general revenue sharing) and which is required to Qconduct an audit pursuant to this chapter for such fiscal year shall not have the option provided by paragraph dXA) for such fiscal year. "(6) A series of audits of individual departments, agencies, and establishments for the same fiscal year may be considered to be an audit for the purpose of this chapter. "(e)(1) Each State and local government subject to the audit requirements of this chapter, which receives Federal financial assistance and provides $25,000 or more of such assistance in any fiscal year to a subrecipient, shall— "(A) if the subrecipient conducts an audit in accordance with the requirements of this chapter, review such audit and ensure that prompt and appropriate corrective action is taken on instances of material noncompliance with applicable laws and regulations with respect to Federal financial assistance provided to the subrecipient by the State or local government; or "(B) if the subrecipient does not conduct an audit in accordance with the requirements of this chapter— "(i) determine whether the expenditures of Federal financial assistance provided to the subrecipient by the State or local government are in accordance with applicable laws and regulations; and "(ii) ensure that prompt and appropriate corrective action is taken on instances of material noncompliance with applicable laws and regulations with respect to Federal financial

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Page:United States Statutes at Large Volume 98 Part 2.djvu/1172

 98 STAT. 2332

Report.

31 USC 3512. 31 USC 7503.

PUBLIC LAW 98-502—OCT. 19, 1984

assistance provided to the subrecipient by the State or local government. "(2) Each such State and local government shall require each subrecipient of Federal assistance through such government to permit, as a condition of receiving funds from such assistance, the independent auditor of the State or local government to have such access to the subrecipient's records and financial statements as may be necessary for the State or local government to comply with this chapter. "(f) The report made on any audit conducted pursuant to this section shall, within thirty days after completion of such report, be transmitted to the appropriate Federal officials and made available by the State or local government for public inspection. (g) If an audit conducted pursuant to this section finds any material noncompliance with applicable laws and regulations by, or material weakness in the internal controls of, the State or local government with respect to the matters described in subsection (d)(2), the State or local government shall submit to appropriate Federal officials a plan for corrective action to eliminate such material noncompliance or weakness or a statement describing the reasons that corrective action is not necessary. Such plan shall be consistent with the audit resolution standard promulgated by the Comptroller General (as part of the standards for internal controls in the Federal Government) pursuant to section 3512(b) of this title. "§ 7503. Relation to other audit requirements "(a) An audit conducted in accordance with this chapter shall be in lieu of any financial or financial and compliance audit of an individual Federal assistance program which a State or local government is required to conduct under any other Federal law or regulation. To the extend that such audit provides a Federal agency with the information it requires to carry out its responsibilities under Federal law or regulation, a Federal agency shall rely upon and use that information and plan and conduct its own audits accordingly in order to avoid a duplication of effort. "(b) Notwithstanding subsection (a), a Federal agency shall conduct any additional audits which are necessary to carry out its responsibilities under Federal law or regulation. The provisions of this chapter do not authorize any State or local government (or subrecipient thereof) to constrain, in any manner, such agency from carrying out such additional audits. "(c) The provisions of this chapter do not limit the authority of Federal agencies to conduct, or enter into contracts for the conduct of, audits and evaluations of Federal financial assistance programs, nor limit the authority of any Federal agency Inspector General or other Federal audit official. "(d) Subsection (a) shall apply to a State or local government which conducts an audit in accordance with this chapter even though it is not required by section 7502(a) to conduct such audit. "(e) A Federal agency that performs or contracts for audits in addition to the audits conducted by recipients pursuant to this chapter shall, consistent with other applicable law, arrange for funding the cost of such additional audits. Such additional audits include economy and efficiency audits, program results audits, and program evaluations.

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Author:Michael DeWayne Brown

Works

 * "Resignation of Michael D. Brown as Head of FEMA" (2005)

title: Author:Michael DeWayne Brown


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 PUBLIC LAW 98-502—OCT. 19, 1984

98 STAT. 2333

"§ 7504. Cognizant agency responsibilities "(a) The Director shall designate cognizant agencies for audits conducted pursuant to this chapter. "(b) A cognizant agency shall— "(1) ensure that audits are made in a timely manner and in accordance with the requirements of this chapter; "(2) ensure that the audit reports and corrective action plans made pursuant to section 7502 of this title are transmitted to the appropriate Federal officials; and "(3)(A) coordinate, to the extent practicable, audits done by or under contract with Federal agencies that are in addition to the audits conducted pursuant to this chapter; and (B) ensure that such additional audits build upon the audits conducted pursuant to this chapter.

31 USC 7504.

"§ 7505. Regulations "(a) The Director, after consultation with the Comptroller General and appropriate Federal, State, and local government officials, shall prescribe policies, procedures, and guidelines to implement this chapter. Each Federal agency shall promulgate such amendments to its regulations as may be necessary to conform such regulations to the requirements of this chapter and of such policies, procedures, and guidelines. "(b)(l) The policies, procedures, and guidelines prescribed pursuant to subsection (a) shall include criteria for determining the appropriate charges to progreuns of Federal financial assistance for the cost of audits. Such criteria shall prohibit a State or local government which is required to conduct an audit pursuant to this chapter from charging to any such program (A) the cost of any financial or financial and compliance audit which is not conducted in accordance with this chapter, and (B) more than a reasonably proportionate share of the cost of any such audit that is conducted in accordance with this chapter. "(2) The criteria prescribed pursuant to paragraph (1) shall not, in the absence of documentation demonstrating a higher actual cost, permit (A) the ratio of (i) the total charges by a government to Federal financial assistance programs for the cost of audits performed pursuant to this chapter, to (ii) the total cost of such audits, to exceed (B) the ratio of (i) total Federal financial assistance expended by such government during the applicable fiscal year or years, to (ii) such government's total expenditures during such fiscal year or years. "(c) Such policies, procedures, and guidelines shall include such provisions as may be necessary to ensure that small business concerns and business concerns owned and controlled by socially and economically disadvantaged individuals will have the opportunity to participate in the performance of contracts awarded to fulfill the audit requirements of this chapter.

3i use 7505.

"§ 7506. Monitoring responsibilities of the Comptroller General "The Comptroller General shall review provisions requiring financial or financial and compliance audits of recipients of Federal assistance that are contained in bills and resolutions reported by the committees of the Senate and the House of Representatives. If the Comptroller General determines that a bill or resolution contains provisions that are inconsistent with the requirements of this chap-

3i use 7506.

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 98 STAT. 2334

PUBLIC LAW 98-502—OCT. 19, 1984

ter, the Comptroller General shall, at the earliest practicable date, notify in writing— "(1) the committee that reported such bill or resolution; and "(2)(A) the Committee on Governmental Affairs of the Senate (in the case of a bill or resolution reported by a committee of the Senate); or "(B) the Committee on Government Operations of the House of Representatives (in the case of a bill or resolution reported by a committee of the House of Representatives). 31 USC 7507.

Tennessee Valley Authority. 31 USC 7501 note.

"§ 7507. Effective date; report "(a) This chapter shall apply to any State or local government with respect to any of its fiscal years which begin after December 31, 1984. "(b) The Director, on or before May 1, 1987, and annually thereafter, shall submit to each House of Congress a report on operations under this chapter. Each such report shall specifically identify each Federal agency or State or local government which is failing to comply with this chapter.". (b) The provisions of this Act shall not diminish or otherwise affect the authority of the Tennessee Valley Authority to conduct its own audits of any matter involving funds disbursed by the Tennessee Valley Authority. (c) The table of chapters for subtitle V of title 31, United States Code, is amended by inserting after the item relating to chapter 73 the following new item: "75. Requirements for Single Audits

7501".

Approved October 19, 1984.

LEGISLATIVE HISTORY—S. 1510 (H.R. 4821): HOUSE REPORT No. 98-708 accompanying H.R. 4821 (Comm. on Government Operations). SENATE REPORT No. 98-234 (Comm. on Governmental Affairs). CONGRESSIONAL RECORD: Vol. 129 (1983): Nov. 2, considered and passed Senate. Vol. 130 (1984): May 15, H.R. 4821 considered and passed House; S. 1510, amended, passed in lieu. Oct. 3, Senate concurred in House amendments with amendments. Oct. 4, House concurred in Senate amendments.

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Page:United States Statutes at Large Volume 98 Part 2.djvu/1175

 PUBLIC LAW 98-503—OCT. 19, 1984

98 STAT. 2335

Public Law 98-503 98th Congress An Act To amend the Act of October 18, 1972, to authorize additional authorization of appropriations for Sitka Nationed Historical Park, Alaska.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 8 of the Act entitled "An Act to authorize certain additions to the Sitka National Monument in the State of Alaska, and for other purposes", approved October 8, 1972 (86 Stat. 904), as amended by section 101, paragraph (23), of the Act of November 10, 1978 (92 Stat. 3472) is further amended by striking out "$1,571,000" and inserting in lieu thereof "such sums as may be necessary, but not to exceed $4,000,000.". Approved October 19, 1984.

•ii:

LEGISLATIVE HISTORY—S. 1688: SENATE REPORT No. 98-550 (Comm. on Energy and Natural Resources). CONGRESSIONAL RECORD, Vol. 130 (1984): Oct. 3, considered and passed Senate. Oct. 5, considered and passed House.

Oct. 19, 1984 [S. 1688]

,;

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 98 STAT. 2336

PUBLIC LAW 98-504—OCT. 19, 1984

Public Law 98-504 98th Congress

Wce - i^.i^^.. ad^ An Act

Oct. 19, 1984 [S. 1790]

Corporation.

To authorize the Secretary of the Interior to enter into contracts or cooperative agreements with the Art Bam Association to assist in the preservation and interpretation of the Art Barn in Rock Creek Park in the District of Columbia, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in order to preserve the Art Barn, located in Rock Creek Park in the District of Columbia, for the benefit and inspiration of the people of the United States, the Secretary of the Interior is authorized to enter into contracts or cooperative agreements with the Art Barn Association (a nonprofit corporation organized under the laws of the District of Columbia), or a successor organization, to assist in the preservation and interpretation of the Art Barn. (b) Pursuant to contracts or cooperative agreements under subsection (a) and subject to such terms and conditions as the Secretary of the Interior may establish, funds available to the Secretary for operation and maintenance of the Art Barn may be made available to the Art Barn Association. (c) The authority of the Secretary of the Interior to enter into contracts and cooperative agreements under subsection (a) shall expire on the date 5 years after the enactment of this Act. (d) For purposes of complying with section 401 of the Congressional Budget Act of 1974, the authorization provided under this Act is subject to the availability of appropriations. Approved October 19, 1984.

LEGISLATIVE HISTORY—S. 1790: HOUSE REPORT No. 98-1031 (Comm. on Interior and Insular Affairs). SENATE REPORT No. 98-551 (Comm. on Energy and Natural Resources). CONGRESSIONAL RECORD, Vol. 130 (1984): Aug. 9, considered and passed Senate. Oct. 2, considered and passed House, amended. Oct. 4, Senate concurred in House amendments.

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Page:United States Statutes at Large Volume 98 Part 2.djvu/1177

 PUBLIC LAW 98-505—OCT. 19, 1984

98 STAT. 2337

Public Law 98-505 98th Congress An Act To add $2,000,000 to the budget ceiling for new acquisitions at Sleeping Bear Dunes National Lakeshore.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 15 of the Act entitled "An Act to establish in the State of Michigan the Sleeping Bear Dunes National Lakeshore, and for other purposes", approved October 21, 1970 (Public Law 91-479; 16 U.S.C. 460x-14), as amended, is further amended by striking out "$82,149,558" and inserting in lieu thereof "$84,149,558". Approved October 19, 1984.

LEGISLATIVE HISTORY—S. 1868: HOUSE REPORT No. 98-1032 (Comm. on Interior and Insular Affairs). SENATE REPORT No. 98-419 (Comm. on Energy and Natural Resources). CONGRESSIONAL RECORD, Vol. 130 (1984): Aug. 9, considered and passied Senate. Oct. 2, considered and passed House.

Oct. 19, 1984 [S. 1868]

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PUBLIC LAW 98-506—OCT. 19, 1984 Public Law 98-506 98th Congress An Act

Oct. 19, 1984 [S. 1889]

National parks, monuments, etc.

Waste disposal. 16 USC 460Z-22.

Regulations. Waste disposal.

To amend the Act authorizing the establishment of the Congaree Swamp National Monument to provide that at such time as the principal visitor center is established, such center shall be designated as the "Harry R. E. Hampton Visitor Center", and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. Section 3 of the Act approved October 18, 1976 (90 Stat. 2517), is amended by adding at the end the following new subsection: "(c) At such time as the principal visitor center at such monument is established, such center shall be designated as the 'Harry R. E. Hampton Visitor Center'.". SEC. 2. Section 5 of the Act of July 15, 1968 (82 Stat. 354), is amended by redesignating subsection (c) as subsection (d) and by inserting the following new subsection (c) after subsection (b): "(c) In order to protect the air, land, water, and natural and cultural values of the National Park System and the property of the United States therein, no solid waste disposal site (including any site for the disposal of domestic or industrial solid wastes) may be operated within the boundary of any unit of the National Park System, other than— "(1) a site which was operating as of September 1, 1984, or "(2) a site used only for disposal of wastes generated within that unit of the park system so long as such site will not degrade any of the natural or cultural resources of such park unit. The Secretary of the Interior shall promulgate regulations to carry out the provisions of this subsection, including reasonable regulations to mitigate the adverse effects of solid waste disposal sites in operation as of September 1, 1984, upon property of the United States.". Approved October 19, 1984.

LEGISLATIVE HISTORY—S. 1889: HOUSE REPORT No. 98-1069 (Comm. on Interior and Insular Affairs). SENATE REPORT No. 98-553 (Comm. on Energy and Natural Resources). CONGRESSIONAL RECORD, Vol. 130 (1984): Aug. 9, considered and passed Senate. Sept. 24, considered and passed House, amended. Oct. 5, Senate concurred in House amendments.

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Page:United States Statutes at Large Volume 98 Part 2.djvu/1179

 PUBLIC LAW 98-507—OCT. 19, 1984

98 STAT. 2339

Public Law 98-507 98th Congress An Act To provide for the establishment of the Task Force on Organ Transplantation and the Organ Procurement and Transplantation Network, to authorize financial assistance for organ procurement organizations, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That this Act may be cited as the "National Organ Transplant Act". TITLE I—TASK FORCE ON ORGAN PROCUREMENT AND TRANSPLANTATION

Oct. 19, 1984 [S. 2048]

National Organ Transplant Act. 42 USC 201 note. Health.

ESTABLISHMENT AND DUTIES OF TASK FORCE

SEC. 101. (a) Not later than ninety days after the date of the 42 USC 273 note. enactment of this Act, the Secretary of Health and Human Services (hereinafter in this title referred to as the "Secretary") shall establish a Task Force on Organ Transplantation (hereinafter in this title referred to as the "Task Force"). (b)(1) The Task Force shall— (A) conduct comprehensive examinations of the medical, legal, ethical, economic, and social issues presented by human organ procurement and transplantation, (B) prepare the assessment described in paragraph (2) and the report described in paragraph (3), and (C) advise the Secretary with respect to the development of regulations for grants under section 371 of the Public Health Service Act. Post, p. 2342. (2) The Task Force shall make an assessment of immunosuppressive medications used to prevent organ rejection in transplant patients, including— (A) an analysis of the safety, effectiveness, and costs (including cost-savings from improved success rates of transplantation) of different modalities of treatment; (B) an analysis of the extent of insurance reimbursement for long-term immunosuppressive drug therapy for organ transplant patients by private insurers and the public sector; (C) an identification of problems that patients encounter in obtaining immunosuppressive medications; and (D) an analysis of the comparative advantages of grants, coverage under existing Federal programs, or other means to assure that individuals who need such medications can obtain them. .-;\j ^::(3) The Task Force shall prepare a report which shall include— Report. (A) an assessment of public and private efforts to procure human organs for transplantation and an identification of factors that diminish the number of organs available for transplantation; (B) an assessment of problems in coordinating the procurement of viable human organs including skin and bone;

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i':.

PUBLIC LAW 98-507—OCT. 19, 1984 (C) recommendations for the education and training of health professionals, including physicians, nurses, and hospital and emergency care personnel, with respect to organ procurement; (D) recommendations for the education of the general public, the clergy, law enforcement officers, members of local fire departments, and other agencies and individuals that may be instrumental in effecting organ procurement; (E) recommendations for assuring equitable access by patients to organ transplantation and for assuring the equitable allocation of donated organs among transplant centers and among patients medically qualified for an organ transplant; (F) an identification of barriers to the donation of organs to patients (with special emphasis upon pediatric patients), including an assessment of^ (i) barriers to the improved identification of organ donors and their families and organ recipients; (ii) the number of potential organ donors and their geographical distribution; (iii) current health care services provided for patients who need organ transplantation and organ procurement procedures, systems, and programs which affect such patients; (iv) cultural factors affecting the family with respect to the donation of the organs; and (v) ethical and economic issues relating to organ transplantation needed by chronically ill patients; (G) recommendations for the conduct and coordination of continuing research concerning all aspects of the transplantation of organs; (H) an analysis of the factors involved in insurance reimbursement for transplant procedures by private insurers and the public sector; (I) an analysis of the manner in which organ transplantation technology is diffused among and adopted by qualified medical centers, including a specification of the number and geographical distribution of qualified medical centers using such technology and an assessment of whether the number of centers using such technology is sufficient or excessive and of whether the public has sufficient access to medical procedures using such technology; and (J) an assessment of the feasibility of establishing, and of the likely effectiveness of, a national registry of human organ donors. MEMBERSHIP

42 USC 273 note.

SEC. 102. (a) The Task Force shall be composed of twenty-five members as follows: (1) Twenty-one members shall be appointed by the Secretary of which: (A) nine members shall be physicians or scientists who are eminent in the various medical and scientific specialties related to human organ transplantation; (B) three members shall be individuals who are not physicians and who represent the field of human organ procurement; (C) four members shall be individuals who are not physicians and who as a group have expertise in the fields of law,

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98 STAT. 2341

theology, ethics, health care financing, and the social and behavioral sciences; (D) three members shall be individuals who are not physicians or scientists and who are members of the general public; and (E) two members shall be individuals who represent private health insurers or self-insurers. (2) The Surgeon General of the United States, the Director of the National Institutes of Health, the Commissioner of the Food and Drug Administration, and the Administrator of the Health Care Financing Administration shall be ex officio members. (b) No individual who is a full-time officer or employee of the United States may be appointed under subsection (a)(1) to the Task Force. A vacancy in the Task Force shall be filled in the manner in which the original appointment was made. A vacancy in the Task Force shall not affect its powers. (c) Members shall be appointed for the life of the Task Force. (d) The Task Force shall select a Chairman from among its members who are appointed under subsection (a)(1). (e) Thirteen members of the Task Force shall constitute a quorum, but a lesser number may hold hearings. (f) The Task Force shall hold its first meeting on a date specified by the Secretary which is not later than thirty days after the date on which the Secretary establishes the Task Force under section 101. Thereafter, the Task Force shall meet at the call of the Chairman or a majority of its members, but shall meet at least three times during the life of the Task Force. (g)(1) Each member of the Task Force who is not an officer or employee of the United States shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay in effect for grade GS-18 of the General Schedule under section 5332 of title 5, United States Code, for each day (including traveltime) during which such member is engaged in the actual performance of duties as a member of the Task Force. Each member of the Task Force who is an officer or employee of the United States shall receive no additional compensation. (2) While away from their homes or regular places of business in the performance of duties for the Task Force, all members of the Task Force shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under sections 5702 and 5703 of title 5, United States Code. SUPPORT FOR THE TASK FORCE

SEC. 103. (a) Upon request of the Task Force, the head of any 42 USC 273 note. Federal agency is authorized to detail, on a reimbursable basis, any of the personnel of such agency to the Task Force to assist the Task Force in carrying out its duties under this Act. (b) The Secretary shall provide the Task Force with such administrative and support services as the Task Force may require to carry out its duties. REPORT

SEC. 104, (a) The Task Force may transmit to the Secretary, the 42 USC 273 note. Committee on Labor and Human Resources of the Senate, and the

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 98 STAT. 2342

Report.

Report.

PUBLIC LAW 98-507—OCT. 19, 1984

Committee on Energy and Commerce of the House of Representatives such interim reports as the Task Force considers appropriate. (b) Not later than 7 months after the date on which the Task Force is estabhshed by the Secretary under section 101, the Task Force shall transmit a report to the Secretary, the Committee on Labor and Human Resources of the Senate, and the Committee on Energy and Commerce of the House of Representatives on its assessment under section 101(b)(2) of immunosuppressive medications used to prevent organ rejection. (c) Not later than twelve months after the date on which the Task Force is established by the Secretary under section 101, the Task Force shall transmit a final report to the Secretary, the Committee on Labor and Human Resources of the Senate, and the Committee on Energy and Commerce of the House of Representatives. The final report of the Task Force shall include— (1) a description of any findings and conclusions of the Task Force made pursuant to any examination conducted under section 101(b)(1)(A), (2) the matters specified in section 101(b)(3), and (3) such recommendations as the Task Force considers appropriate. TERMINATION

42 USC 273 note.

SEC. 105. The Task Force shall terminate three months after the date on which the Task Force transmits the report required by section 104(c). TITLE II—ORGAN PROCUREMENT ACTIVITIES SEC. 201. Part H of title III of the Public Health Service Act is amended to read as follows: "PART H—ORGAN TRANSPLANTS ASSISTANCE FOR ORGAN PROCUREMENT ORGANIZATIONS

Grants. 42 USC 273.

Ante, p. 2339.

"SEC. 371. (a)(1) The Secretary may make grants for the planning of qualified organ procurement organizations described in subsection (b). "(2) The Secretary may make grants for the establishment, initial operation, and expansion of qualified organ procurement organizations described in subsection (b). "(3) In making grants under paragraphs (1) and (2), the Secretary shall— "(A) take into consideration any recommendations made by the Task Force on Organ Transplantation established under section 101 of the National Organ Transplant Act, and "(B) give special consideration to applications which cover geographical areas which are not adequately served by organ procurement organizations. "(b)(1) A qualified organ procurement organization for which grants may be made under subsection (a) is an organization which, as determined by the Secretary, will carry out the functions described in paragraph (2) and— "(A) is a nonprofit entity,

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98 STAT. 2343

"(B) has accounting and other fiscal procedures (as specified by the Secretary) necessary to assure the fiscal stability of the organization, "(C) has an agreement with the Secretary to be reimbursed under title XVIII of the Social Security Act for the procurement 42 USC 1395. of kidneys, "(D) has procedures to obtain payment for non-renal organs provided to transplant centers, "(E) has a defined service area which is a geographical area of sufficient size which (unless the service area comprises an entire State) will include at least fifty potential organ donors each year and which either includes an entire standard metropolitan statistical area (as specified by the Office of Management and Budget) or does not include any part of such an area, "(F) has a director and such other staff, including the organ donation coordinators and organ procurement specialists necessary to effectively obtain organs from donors in its service area, and "(G) has a board of directors or an advisory board which— "(i) is composed of— "(I) members who represent hospital administrators, > 3 j-;n i intensive care or emergency room personnel, tissue banks, and voluntary health associations in its service area, "(II) members who represent the public residing in such area, "(III) a physician with knowledge, experience, or skill in the field of histocompatability, "(IV) a physician with knowledge or skill in the field of neurology, and "(V) from each transplant center in its service area which has arrangements described in paragraph (2)(G) with the organization, a member who is a surgeon who has practicing privileges in such center and who performs organ transplant surgery, "(ii) has the authority to recommend policies for the procurement of organs and the other functions described in paragraph (2), and "(iii) has no authority over any other activity of the organization. '(2) An organ procurement organization shall— "(A) have effective agreements, to identify potential organ donors, with a substantial majority of the hospitals and other health care entities in its service area which have facilities for organ donations, "(B) conduct and participate in systematic efforts, including professional education, to acquire all useable organs from potential donors, "(C) arrange for the acquisition and preservation of donated organs and provide quality standards for the acquisition of organs which are consistent with the standards adopted by the Organ Procurement and Transplantation Network under section 372(b)(2)(D), "(D) arrange for the appropriate tissue typing of donated organs.

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 98 STAT. 2344

Appropriation authorization.

PUBLIC LAW 98-507—OCT. 19, 1984

"(E) have a system to allocate donated organs among transplant centers and patients according to established medical criteria, "(F) provide or arrange for the transportation of donated organs to transplant centers, "(G) have arrangements to coordinate its activities with transplant centers in its service area, "(H) participate in the Organ Procurement Transplantation Network established under section 372, "(I) have arrangements to cooperate with tissue banks for the retrieval, processing, preservation, storage, and distribution of tissues as may be appropriate to assure that all useable tissues are obtained from potential donors, and "(J) evaluate annually the effectiveness of the organization in acquiring potentially available organs. "(c) For grants Under subsection (a) there are authorized to be appropriated $5,000,000 for fiscal year 1985, $8,000,000 for fiscal year 1986, and $12,000,000 for fiscal year 1987. "ORGAN PROCUREMENT AND TRANSPLANTATION NETWORK

42 USC 274.

"SEC. 372. (a) The Secretary shall by contract provide for the establishment and operation of an Organ Procurement and Transplantation Network which meets the requirements of subsection (b). The amount provided under such contract in any fiscal year may not exceed $2,000,000. Funds for such contracts shall be made available from funds available to the Public Health Service from appropriations for fiscal years beginning after fiscal year 1984. "(b)(1) The Organ Procurement and Transplantation Network shall carry out the functions described in paragraph (2) and shall— "(A) be a private nonprofit entity which is not engaged in any activity unrelated to organ procurement, and "(B) have a board of directors which includes representatives of organ procurement organizations (including organizations which have received grants under section 371), transplant centers, voluntary health associations, and the general public. "(2) The Organ Procurement and Transplantation Network shall— "(A) establish in one location or through regional centers— "(i) a national list of individuals who need organs, and "(ii) a national system, through the use of computers and in accordance with established medical criteria, to match organs and individuals included in the list, especially individuals whose immune system makes it difficult for them to receive organs, "(B) maintain a twenty-four-hour telephone service to facilitate matching organs with individuals included in the list, "(C) assist organ procurement organizations in the distribution of organs which cannot be placed within the service areas of the organizations, "(D) adopt and use standards of quality for the acquisition and transportation of donated organs, "(E) prepare and distribute, on a regionalized basis, samples of blood sera from individuals who are included on the list and whose immune system makes it difficult for them to receive organs, in order to facilitate matching the compatability of such individuals with organ donors.

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98 STAT. 2345

"(F) coordinate, as appropriate, the transportation of organs from organ procurement organizations to transplant centers, "(G) provide information to physicians and other health professionals regarding organ donation, and "(H) collect, analyze, and publish data concerning organ donation and transplants. SCIENTIFIC REGISTRY

"SEC. 373. The Secretary shall, by grant or contract, develop and maintain a scientific registry of the recipients of organ transplants. The registry shall include such information respecting patients and transplant procedures as the Secretary deems necessary to an ongoing evaluation of the scientific and clinical status of organ transplantation. The Secretary shall prepare for inclusion in the report under section 376 an analysis of information derived from the registry.

42 USC 274a.

GENERAL PROVISIONS RESPECTING GRANTS AND CONTRACTS

"SEC. 374. (a) No grant may be made under section 371 or 373 or Grants. contract entered into under section 372 or 373 unless an application 42 USC 274b. therefor has been submitted to, and approved by, the Secretary. Such an application shall be in such form and shall be submitted in such manner as the Secretary shall by regulation prescribe. "(b)(1) In considering applications for grants under section 371— "(A) the Secretary shall give priority to any applicant which has a formal agreement of cooperation with all transplant centers in its proposed service area, "(B) the Secretary shall give special consideration to organizations which met the requirements of section 371(b) before the date of the enactment of this section, and "(C) the Secretary shall not discriminate against an applicant solely because it provides health care services other than those related to organ procurement. The Secretary may not make a grant for more than one organ Prohibition procurement organization which serve the same service area. "(2) A grant for planning under section 371 may be made for one year with respect to any organ procurement organization and may not exceed $100,000. "(3) Grants under section 371 for the establishment, initial operation, or expansion of organ procurement organizations may be made for two years. No such grant may exceed $500,000 for any year and no organ procurement organization may receive more than $800,000 for initial operation or expansion. "(c)(l) The Secretary shall determine the amount of a grant made under section 371 or 373. Payments under such grants may be made in advance on the basis of estimates or by the way of reimbursement, with necessary adjustments on account of underpayments or overpa3rments, and in such installments and on such terms and conditions as the Secretary finds necessary to carry out the purposes of such grants. "(2)(A) Each recipient of a grant under section 371 or 373 shall Records. keep such records as the Secretary shall prescribe, including records which fully disclose the amount and disposition by such recipient of the proceeds of such grant, the total cost of the undertaking in connection with which such grant was made, and the amount of that

31-194 - 0 - 86 - 38: QL. 3 Part 2

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 98 STAT. 2346

Audit.

PUBLIC LAW 98-507—OCT. 19, 1984

portion of the cost of the undertaking supplied by other sources, and such other records as will facilitate an effective audit. "(B) The Secretary and the Comptroller General of the United States, or any of their duly authorized representatives, shall have access for the purpose of audit and examination to any books, documents, papers, and records of the recipient of a grant under section 371 or 373 that are pertinent to such grant. "(d) For purposes of this part: "(1) The term 'transplant center' means a health care facility in which transplants of organs are performed. "(2) The term 'organ' means the human kidney, liver, heart, lung, pancreas, and any other human organ (other than corneas and eyes) specified by the Secretary by regulation and for purposes of section 373, such term includes bone marrow. ADMINISTRATION

42 USC 274c.

42 USC 1395. Public information.

Report.

"SEC. 375. The Secretary shall, during fiscal years 1985, 1986, 1987, and 1988, designate and maintain an identifiable administrative unit in the Public Health Service to— "(1) administer this part and coordinate with the organ procurement activities under title XVIII of the Social Security Act, "(2) conduct a program of public information to inform the public of the need for organ donations, "(3) provide technical assistance to organ procurement organizations receiving funds under section 371, the Organ Procurement and Transplantation Network established under section 372, and other entities in the health care system involved in organ donations, procurement, and transplants, and "(4) one year after the date on which the Task Force on Organ Transplantation transmits its final report under section 104(c) of the National Organ Transplant Act, and annually thereafter through fiscal year 1988, submit to Congress an annual report on the status of organ donation and coordination services and include in the report an analysis of the efficiency and effectiveness of the procurement and allocation of organs and a description of problems encountered in the procurement and allocation of organs. "REPORT

42 USC 274d.

"SEC. 376. The Secretary shall annually publish a report on the scientific and clinical status of organ transplantation. The Secretary shall consult with the Director of the National Institutes of Health and the Commissioner of the Food and Drug Administration in the preparation of the report.". TITLE III—PROHIBITION OF ORGAN PURCHASES

Penalties. 42 USC 274e.

SEC. 301. (a) It shall be unlawful for any person to knowingly acquire, receive, or otherwise transfer any human organ for valuable consideration for use in human transplantation if the transfer affects interstate commerce. (b) Any person who violates subsection (a) shall be fined not more than $50,000 or imprisoned not more than five years, or both. (c) For purposes of subsection (a): (1) The term "human organ" means the human kidney, liver, heart, lung, pancreas, bone marrow, cornea, eye, bone, and skin.

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98 STAT. 2347

and any other human organ specified by the Secretary of Health and Human Services by regulation. (2) The term "valuable consideration" does not include the reasonable payments associated with the removal, transportation, implantation, processing, preservation, quality control, and storage of a human organ or the expenses of travel, housing, and lost wages incurred by the donor of a human organ in connection with the donation of the organ. (3) The term "interstate commerce" has the meaning prescribed for it by section 201(b) of the Federal Food, Drug and Cosmetic Act. 21 USC 321. TITLE IV—MISCELLANEOUS BONE MARROW REGISTRY DEMONSTRATION AND STUDY

SEC. 401. (a) Not later than nine months after the date of enact- 42 USC 273 note. ment of this Act, the Secretary of Health and Human Services shall hold a conference on the feasibility of establishing and the effectiveness of a national registry of voluntary bone marrow donors. (b) If the conference held under subsection (a) finds that it is feasible to establish a national registry of voluntary donors of bone marrow and that such a registry is likely to be effective in matching donors with recipients, the Secretary of Health and Human Services, acting through the Assistant Secretary for Health, shall, for purposes of the study under subsection (c), establish a registry of voluntary donors of bone marrow. The Secretary shall assure that— (1) donors of bone marrow listed in the registry have given an informed consent to the donation of the bone marrow; and (2) the names of the donors in the registry are kept confidential and access to the names and any other information in the registry is restricted to personnel who need the information to maintain and implement the registry, except that access to such other information shall be provided for purposes of the study under subsection (c). If the conference held under subsection (a) makes the finding described in this subsection, the Secretary shall establish the registry not later than six months after the completion of the conference. (c) The Secretary of Health and Human Services, acting through the Assistant Secretary for Health, shall study the establishment and implementation of the registry under subsection (b) to identify the issues presented by the establishment of such a registry, to evaluate participation of bone marrow donors, to assess the imple-

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 98 STAT. 2348

Report.

PUBLIC LAW 98-507—OCT. 19, 1984

mentation of the informed consent and confidentiality requirements, and to determine if the establishment of a permanent bone marrow registry is needed and appropriate. The Secretary shall report the results of the study to the Committee on Energy and Commerce of the House of Representatives and the Committee on Labor and Human Resources of the Senate not later than two years after the date the registry is established under subsection (b). Approved October 19, 1984.

--s--\r|-'^-rr:

LEGISLATIVE HISTORY—S. 2048 (H.R. 5580) (H.R. 4080): HOUSE REPORTS: No. 98-575, Pt. 1, accompanying H.R. 4080 (Comm. on Energy and Commerce), No. 98-769 accompanying H.R. 5580 (Comm. on Energy and Commerce), and No. 98-1127 (Comm. of Conference). SENATE REPORT No. 98-382 (Comm. on Labor and Human Resources). CONGRESSIONAL RECORD, Vol. 130 (1984): Apr. 11, considered and passed Senate. June 20, 21, H.R. 5580 considered and passed House; S. 2048, amended, passed in lieu. Oct. 3, House agreed to conference report. Oct. 4, Senate agreed to conference report. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 20, No. 42 (1984): Oct. 19, Presidential statement.

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 PUBLIC LAW 98-508—OCT. 19, 1984

98 STAT. 2349

Public Law 98-508 98th Congress An Act To designate certain national forest system lands in the State of Arkansas for inclusion in the National Wilderness Preservation System, and for other purposes.

Oct. 19, 1984 [S. 2125]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That this Act may Arkansas Wilderness Act be cited as the "Arkansas Wilderness Act of 1984". of 1984. SEC. 2. (a) The Congress finds that— National (1) many areas of undeveloped national forest system lands in Wilderness the State of Arkansas possess outstanding natural characteris- Preservation tics which give them high values as wilderness and will, if System. Forest properly preserved, contribute as an enduring resource of wil- National System. derness for the benefit of the American people; (2) the Department of Agriculture's second roadless area review and evaluation (RARE II) of national forest system lands in the State of Arkansas and the related congressional review of such lands have identified areas which, on the basis of their land-form, ecosystem, associated wildlife, and location, will help to fulfill the national forest system's share of a quality National Wilderness Preservation System; and (3) the Department of Agriculture's second roadless area review and evaluation of national forest system lands in the State of Arkansas and the related congressional review of such lands have also identified areas which do not possess outstanding wilderness attributes or which possess outstanding energy, mineral, timber, grazing, dispersed recreation, and other values and which should not now be designated as components of the National Wilderness Preservation System but should be available for nonwilderness multiple uses under the land management planning process and other applicable laws. (b) The purposes of this Act are to— (1) designate certain national forest system lands in the State of Arkansas as components of the National Wilderness Preservation System, in order to promote, perpetuate, and preserve the wilderness character of the land, protect watersheds and wildlife habitat, preserve scenic and historic resources, and promote scientific research, primitive recreation, solitude, physical and mental challenge, and inspiration for the benefit of all the American people, to a greater extent than is possible in the absence of wilderness designation; and (2) insure that certain other national forest system lands in the State of Arkansas be available for nonwilderness multiple uses. SEC. 3. In furtherance of the purposes of the Wilderness Act, the 16 USC 1131 following lands in the State of Arkansas are hereby designated as note. wilderness and, therefore, as components of the National Wilderness Preservation System: (a) certain lands in the Ouachita National Forest, Arkansas, 16 USC 1132 which comprise approximately seven thousand five hundred note.

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 98 STAT. 2350

16 USC 1132 note.

16 USC 1132 note.

16 USC 1132 note.

16 USC 1132 note. 16 USC 1132 note.

16 USC 1132 note.

16 USC 1132 note.

16 USC 1132 note.

conservation.

PUBLIC LAW 98-508—OCT. 19, 1984 and sixty-eight acres, as generally depicted on a map entitled "Black Fork Mountain Wilderness—Proposed", dated September 1984, and which shall be known as the Black Fork Mountain Wilderness; (b) certain lands in the Ouachita National Forest, Arkansas, which comprise approximately six thousand three hundred and ten acres, as generally depicted on a map entitled "Dry Creek Wilderness—Proposed", dated September 1984, and which shall be known as the Dry Creek Wilderness; (c) certain lands in the Ouachita National Forest, Arkansas, which comprise approximately ten thousand eight hundred and eighty-four acres, as generally depicted on a map entitled "Poteau Mountain Wilderness—Proposed", dated September 1984, and which shall be known as the Poteau Mountain Wilderness; (d) certain lands in the Ouachita National Forest, Arkansas, which comprise approximately ten thousand one hundred and five acres, as generally depicted on a map entitled "Flatside Wilderness—Proposed', dated September 1984, and which shall be known as the Flatside Wilderness; c (e) certain lands in the Ozark-Saint Francis National Forest which comprise approximately one thousand five hundred and four acres, as generally depicted on a map entitled "Upper Buffalo Addition—Proposed", dated November 1983, and which are hereby incorporated in and shall be deemed to be a part of the Upper Buffalo Wilderness as designated by Public Law 93-622; (f) certain lands in the Ozark-Saint Francis National Forest which comprise approximately fifteen thousand one hundred and seventy-seven acres, as generally depicted on a map entitled "Hurricane Creek Wilderness—Proposed", dated November 1983, and which shall be known as the Hurricane Creek Wilderness; (g) certain lands in the Ozark-Saint Francis National Forest, Arkansas, which comprise approximately eleven thousand eight hundred and twenty-two acres, as generally depicted on a map entitled "Richland Creek Wilderness—Proposed", dated November 1983, and which shall be known as the Richland Creek Wilderness; (h) certain lands in the Ozark-Saint Francis National Forest, Arkansas, which comprise approximately ten thousand seven hundred and seventy-seven acres, as generally depicted on a map entitled "East Fork Wilderness—Proposed", dated September 1984, and which shall be known as the East Fork Wilderness; and (i) certain lands in the Ozark-Saint Francis National Forest, Arkansas, which comprise approximately sixteen thousand nine hundred and fifty-six acres, as generally depicted on a map entitled "Leatherwood Wilderness—Proposed", dated November 1983, and which shall be known as the Leatherwood Wilderness. SEC. 4. (a) The Congress finds that— (1) the Department of Agriculture has completed the second roadless area review and evaluation program (RARE II); (2) the Congress has made its own review and examination of national forest system roadless areas in Arkansas and of the

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 PUBLIC LAW 98-508—OCT. 19, 1984

98 STAT. 2351

environmental impacts associated with alternative allocations of such areas. (b) On the basis of such review, the Congress hereby determines and directs that— (1) without passing on the questions of the legal and factual sufficiency of the RARE II Final Environmental Impact Statement (dated January 1979) with respect to national forest system lands in States other than Arkansas, such statement shall not be subject to judicial review with respect to national forest system lands in the State of Arkansas; (2) with respect to the national forest system lands in the State of Arkansas which were reviewed by the Department of Agriculture in the second roadless area review and evaluation (RARE II) and those lands referred to in subsection (d), that review and evaluation or reference shall be deemed for the purposes of the initial land management plans required for such lands by the Forest and Rangeland Renewable Resources Planning Act of 1974, as amended by the National Forest Management Act of 1976, to be an adequate consideration of the suitability of such lands for inclusion in the National Wilderness Preservation System and the Department of Agriculture shall not be required to review the wilderness option prior to the revisions of the plans, but shall review the wilderness option when the plans are revised, which revisions will ordinarily occur on a ten-year cycle, or at least every fifteen years, unless, prior to such time the Secretary of Agriculture finds that conditions in a unit have significantly changed; (3) areas in the State of Arkansas reviewed in such final environmental statement or referenced in subsection (d) and not designated wilderness upon enactment of this Act shall be managed for multiple use in accordance with land management plans pursuant to section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974, as amended by the National Forest Management Act of 1976: Provided, That such areas need not be managed for the purpose of protecting their suitability for wilderness designation prior to or during revision of the initial land management plans; (4) in the event that revised land management plans in the State of Arkansas are implemented pursuant to section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974, as amended by the National Forest Management Act of 1976, and other applicable law, areas not recommended for wilderness designation need not be managed for the purpose of protecting their suitability for wilderness designation prior to or during revision of such plans, and areas recommended for wilderness designation shall be managed for the purpose of protecting their suitability for wilderness designation as may be required by the Forest and Rangeland Renewable Resources Planning Act of 1974, as amended by the National Forest Management Act of 1976, and other applicable law; and (5) unless expressly authorized by Congress, the Department of Agriculture shall not conduct any further statewide roadless area review and evaluation of national forest system lands in the State of Arkansas for the purpose of determining their suitability for inclusion in the National Wilderness Preservation System.

Congress.

16 USC 1601 note.

16 USC 1604.

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 98 STAT. 2352

16 USC 1604.

Public availability.

16 USC 1131 ^°^-

PUBLIC LAW 98-508—OCT. 19, 1984

(c) As used in this section, and as provided in section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974, as amended by the National Forest Management Act of 1976, the term "revision" shall not include an "amendment" to a plan. (d) The provisions of this section shall also apply to national forest system roadless lands in the State of Arkansas which are less than five thousand acres in size. SEC. 5. As soon as practicable after the date of enactment of this Act, the Secretary of Agriculture shall file maps and legal descriptions of each wilderness area designated by this Act with the Committee on Energy and Natural Resources of the United States Senate, and the Committee on Interior and Insular Affairs and the Committee on Agriculture of the House of Representatives, and each map and legal description shall have the same force and effect as if included in this Act: Provided, however, That correction of clerical and typographical errors in such legal descriptions shall be on file and available for public inspection in the office of the Chief, United States Forest Service, Department of Agriculture. SEC. 6. Subject to valid existing rights, each wilderness area designated by this Act shall be administered by the Secretary of Agriculture in accordance with the provisions of the Wilderness Act of 1964 (78 Stat. 892) governing areas designated by that Act as wilderness areas, except that, with respect to any area designated in this Act, any reference in such provisions to the effective date of the Wilderness Act of 1964 shall be deemed to be a reference to the effective date of this Act. SEC. 7. Congress does not intend that designation of wilderness areas in the State of Arkansas lead to the creation of protective perimeters or buffer zones around each wilderness area. The fact that nonwilderness activities or uses can be seen or heard from areas within the wilderness shall not, of itself, preclude such activities or uses up to the boundary of the wilderness area. Approved October 19, 1984.

LEGISLATIVE HISTORY—S. 2125: HOUSE REPORT No. 98-1097, Pt. 1 (Comm. on Interior and Insular Affairs). SENATE REPORT No. 98-462 (Comm. on Energy and Natural Resources). CONGRESSIONAL RECORD, Vol. 130 (1984): Aug. 9, considered and passed House. Oct. 2, considered and passed Senate, amended. Oct. 4, Senate concurred in House amendment.

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 PUBLIC LAW 98-509—OCT. 19, 1984

98 STAT. 2353

Public Law 98-509 98th Congress An Act To amend the Public Health Service Act to revise and extend the authorities of that Act for assistance for alcohol and drug abuse and mental health services.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) this Act may be cited as the "Alcohol Abuse, Drug Abuse, and Mental Health Amendments of 1984". (b) Except as otherwise specifically 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 the Public Health Service Act.

Oct. 19, 1984 [S. 2303] Alcohol Abuse, Drug Abuse, and Mental Health Amendments of 1984. 42 USC 201 note.

TITLE I—AMENDMENTS TO TITLE XIX OF THE PUBLIC HEALTH SERVICE ACT SEC. 101. Section 1911 (42 U.S.C. BOOx) is amended by striking out "and" after "1983," and by inserting before the period a comma and the following: "$515,000,000 for fiscal year 1985, $545,000,000 for fiscal year 1986, and $576,000,000 for fiscal year 1987". SEC. 102. (a) Title XIX is amended by striking out section 1912 and inserting in lieu thereof the following: "GRANTS

"SEC. 1912. (a) The Secretary may use not more than 1 percent of the amount appropriated under section 1911 for any fiscal year to make grants to public and nonprofit private entities for projects for the training and retraining of employees adversely affected by changes in the delivery of mental health services and for providing such employees assistance in securing employment. "(b) No grant may be made by the Secretary under subsection (a) unless an application therefor has been submitted to, and approved by, the Secretary. Such application shall be in such form, submitted in such manner, and contain and be accompanied by such information, as the Secretary may specify. No such application may be approved unless it contains assurances that the applicant will use the funds provided only for the purposes specified in the approved application and will establish such fiscal control and fund accounting procedures as may be necessary to assure proper disbursement and accounting of Federal funds paid to the applicant under subsection (a).

42 USC 300x-i.

"ALLOTMENTS

"SEC. 1913. (a)(1) If the amount available for allotment from appropriations under section 1911 for a fiscal year does not exceed $490,000,000, the Secretary shall allot such amount—

42 USC 300x-ia.

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 98 STAT. 2354

42 USC 300X.

Indians.

PUBLIC LAW 98-509—OCT. 19, 1984

"(A) on the basis of a formula prescribed by the Secretary which is based equally— "(i) on the population of each State, and "(ii) the population of each State weighted by its relative per capita income, or "(B) on the basis of the amount received by a State in fiscal year 1984, whichever yields a higher amount. For purposes of subparagraph (A), the term 'relative per capita income' means the quotient of the per capita income of the United States and the per capita income of the State, except that if the State is Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, the Trust Territory of the Pacific Islands, the Commonwealth of Puerto Rico, or the Virgin Islands, the quotient shall be considered to be one. "(2) If the amount available for allotment from appropriations under section 1911 for a fiscal year is at least $490,000,000, the Secretary shall allot $490,000,000 in accordance with paragraph (1) and shall allot the amount which is in excess of such amount on the basis of the formula described in paragraph (I)(A). "(3) Notwithstanding paragraph (1), if the aggregate of the amounts to be allotted to each State pursuant to paragraph (I)(B) in any fiscal year exceeds the total amount available for allotment from appropriations under section 1911, the amount to be allotted to a State for such fiscal year shall be an amount which bears the same ratio to the amount which is to be allotted to the State pursuant to such paragraph as the total amount available for allotment from appropriations under section 1911 bears to the total of the amount required to be appropriated and made available under such section for allotments to provide each State with the allotment required by such paragraph. "(4) To the extent that all the funds appropriated under section 1911 for a fiscal year and available for allotment in such fiscal year are not otherwise allotted to States because— "(A) one or more States have not submitted an application or description of activities in accordance with section 1916 for the fiscal year; "(B) one or more States have notified the Secretary that they do not intend to use the full amount of their allotment; or "(C) some State allotments are offset or repaid under section 1917(b)(3); such excess shall be allotted among each of the remaining States in proportion to the amount otherwise allotted to such States for the fiscal year without regard to this paragraph. "(b)(1) If the Secretary— "(A) receives a request from the governing body of an Indian tribe or tribal organization within any State that funds under this part be provided directly by the Secretary to such tribe or organization, and "(B) determines that the members of such tribe or tribal organization would be better served by means of grants made directly by the Secretary on this part, the Secretary shall reserve from amounts which would otherwise be allotted to such State under subsection (a) for the fiscal year the amount determined under paragraph (2). "(2) The Secretary shall reserve for the purpose of paragraph (1) from amounts that would otherwise be allotted to such State under subsection (a) an amount equal to the amount which bears the same

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 PUBLIC LAW 98-509—OCT. 19, 1984

98 STAT. 2355

ratio to the State's allotment for the fiscal year involved as the total amount provided or allotted for fiscal year 1980 by the Secretary to such tribe or tribal organization under— "(A) the Community Mental Health Centers Act, "(B) the Mental Health Systems Act, "(C) section 301 of this Act, "(D) sections 301 and 312 of the Comprehensive Alcohol Abuse and Alcoholism, Prevention, Treatment, and Rehabilitation Act of 1970, and "(E) sections 409 and 410 of the Drug Abuse Prevention, Treatment, and Rehabilitation Act, bore to the total amount provided or allotted for such fiscal year by the Secretary to the State and entities (including Indian tribes and tribal organizations) in the State under such provisions of law. "(3) The amount reserved by the Secretary on the basis of a determination under this subsection shall be granted to the Indian tribe or tribal organization serving the individuals for whom such a determination has been made. "(4) In order for an Indian tribe or tribal organization to be eligible for a grant for a fiscal year under this subsection, it shall submit to the Secretary a plan for such fiscal year which meets such criteria as the Secretary may prescribe. "(5) The terms 'Indian tribe' and 'tribal organization' have the same meaning given such terms in section 40b) and section 4(c) of the Indian Self-Determination and Education Assistance Act.". (b)(1) The Secretary of Health and Human Services shall enter into an agreement with a nongovernmental entity to review the allotment of funds to the States under part B of title XIX of the Public Health Service Act for the purpose of determining whether a formula for the allotment of funds under such part can be devised which is more equitable than the formula specified in section 1913 of such Act. In conducting such review, such entity shall consider— (A) the financial resources of the various States; (B) the populations of the States; (C) any relevant conditions or circumstances which have changed since the date of enactment of such part B; and (D) any other factor which the Secretary may consider appropriate. (2) In conducting the review required by paragraph (1), such entity shall consult with appropriate representatives of State and local governments. (3) By October 1, 1986, the Secretary shall prepare and transmit to the Congress a report concerning the review conducted under paragraph (1) which includes such recommendations as the Secretary considers appropriate. SEC. 103. (a) Section 1915(c)(6) (42 U.S.C. 300x-4(c)(6)) is amended by striking out subparagraphs (B) and (C) and inserting in lieu thereof the following: "(B) The State agrees to use 75 percent of the funds allotted to it under section 1913 for fiscal years beginning after fiscal year 1984 for the mental health and alcohol and drug abuse activities prescribed by section 1915(a) as prescribed by subparagraph (A).". (b) Section 1915(c) is amended— (1) in paragraph (2) by striking out "fiscal years 1982, 1983, and 1984" and inserting in lieu thereof "fiscal years 1985, 1986, and 1987"; and

42 USC 2681 note. 42 USC 940i 49 USC 241 42 USC 4571, 4578. 21 USC 1176 "ote, 1177.

25 USC 450b. 42 USC 300x-ia note. 42 USC 300x. 42 USC 300x-2.

\K. J

Report.

Post, p. 2359.

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