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Page:United States Statutes at Large Volume 95.djvu/790

 95 STAT. 764

PUBLIC LAW 97-35—AUG. 13, 1981 which are discontinued by this Act as referred to in section 1741(b)(l)(B). ACCESS TO RECORDS BY COMPTROLLER GENERAL

31 USC 1243 note.

SEC. 1744. For the purpose of evaluating and reviewing the use of block grant funds, consolidated assistance, or other grant programs established or provided for by this Act, the Comptroller General shall have access to any books, accounts, records, correspondence, or other documents that are related to such funds, assistance, or programs, and that are in the possession, custody, or control of States, political subdivisions thereof, or any of the grantees of such States or political subdivisions. STATE AUDITING REQUIREMENTS

31 USC 1243 note.

SEC. 1745. (a) Each State shall conduct financial and compliance audits of any block grant funds which the State receives under this Act and any funds which the State receives under any consolidated assistance program established or provided for by this Act. (b) Any audit required by subsection (a) shall be conducted with respect to the 2-year period beginning on October 1, 1981, and with respect to each 2-year period thereafter. (c) Any audit required by subsection (a) shall, insofar as is practicable, be conducted in accordance with standards established by the Comptroller General for the audit of governmental organizations, programs^ activities, and functions. (d) The audit of funds by a State required by subsection (a) shall be conducted in lieu of any other financial and compliance audit of the same funds which the State is required to conduct under any other provision of this Act, unless such other provision, by explicit reference to this section, otherwise provides.

TITLE XVIII—WATER RESOURCE DEVELOPMENT AND ECONOMIC DEVELOPMENT PROGRAMS Subtitle A—Water Projects PART 1—WATER POLLUTION CONTROL 33 USC 1287.

Appropriation authorization. 33 USC 1285 note. 33 USC 1285.

SEC. 1801. (a) Section 207 of the Federal Water Pollution Control Act is amended by striking out "September 30, 1981, and September 30, 1982, not to exceed $5,000,000,000 per fiscal year." and inserting in lieu thereof "not to exceed $5,000,000,000; for the fiscal year ending September 30, 1981, not to exceed $2,548,837,000; and for the fiscal year ending September 30, 1982, not to exceed $0, unless there is enacted legislation establishing an allotment formula for fiscal year 1982 construction grant funds and otherwise reforming the municipal sewage treatment construction grant program under this title, in which case the authorization for fiscal year 1982 shall be an amount not to exceed $2,400,000,000.". (b) There is authorized to be appropriated to the Administrator of the Environmental Protection Agency for the fiscal year ending September 30, 1982, not to exceed $40,000,000 to carry out section 205(g) of the Federal Water Pollution Control Act. The Administrator shall make such authorization available to the States in accordance with such section 205(g) in the same manner and to the same extent

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Page:United States Statutes at Large Volume 95.djvu/791

 PUBLIC LAW 97-35—AUG. 13, 1981

95 STAT. 765

as would be the case if $2,000,000,000 had been authorized under section 207 of such Act, using the same allotment table as was 33 USC 1287. applicable to the fiscal year ending September 30, 1981. PART 2—RIVER AND HARBOR, FLOOD CONTROL, AND RELATED PROJECTS SEC. 1805. Notwithstanding any other provision of law, the total Appropriation amount authorized to be appropriated to the Secretary of the Army, oo ncp^f *A°" acting through the Chief of Engineers, for construction of river and "°*® harbor, flood control, shore protection, and related authorized projects (other than the project for the Mississippi River and tributaries) and detailed studies, and plans and specifications, of projects authorized or made eligible for selection by law, shall not exceed $1,546,755,000 for the fiscal year ending September 30, 1982; $1,688,948,000 for the fiscal year ending September 30, 1983; and $1,575,750,000 for the fiscal year ending September 30, 1984. SEC. 1806. Notwithstanding any other provision of law, there shall 16 USC 460/-6a not be appropriated to the Secretary of Defense for special recrea- note. tional user fees programs of the Corps of Engineers in excess of $5,000,000 for the fiscal year ending September 30, 1981; in excess of $5,200,000 for the fiscal year ending September 30, 1982; in excess of $6,000,000 for the fiscal year ending September 30, 1983; or in excess of $6,000,000 for the fiscal year ending September 30, 1984. SEC. 1807. (a) Subject to enactment of legislation establishing a National Board on Water Resources Policy, there is hereby authorized to be appropriated to such Board for the purposes of coordination of water resources policy and water resources planning grants to the States the sum of $12,500,000 per fiscal year for each of the fiscal years ending September 30, 1982, September 30, 1983, and September 30, 1984. Upon establishment of a National Board on Water Funds, transfer Resources Policy, all unobligated funds of the Water Resources Council, established by the Water Resources Planning Act, are transferred to such National Board. (b) No funds are authorized to be appropriated to the Secretary of Limitation. the Interior for the purposes of water resources research and develop- 42 USC 787-4 ment, saline water research, development and demonstration, and note. associated activities in excess of $23,650,000 per fiscal year for each of the fiscal years ending September 30, 1982, September 30, 1983, and September 30, 1984. PART 3—TVA PROJECT SEC. 1811. No amount shall be authorized to be appropriated for the fiscal years ending September 30, 1982, September 30, 1983, and September 30, 1984, to the Tennessee Valley Authority to carry out the North Alabama Coal Gasification Project at Murphy Hill, Alabama. The Tennessee Valley Authority shall provide for the repayment out of its proceeds from the project with interest at the rate established in accordance with section 15d(e) of the Tennessee Valley Authority Act of 1933 (16 U.S.C. 831n-4(e)) of all Federal funds invested in the North Alabama Coal Gasification Project at Murphy Hill, Alabama.

North Alabama Coal Gasification Project.

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Page:United States Statutes at Large Volume 95.djvu/792

 95 STAT. 766

PUBLIC LAW 97-35—AUG. 13, 1981 Subtitle B—Economic Development Programs PART 1—PUBLIC WORKS AND ECONOMIC DEVELOPMENT

Appropriation authorization. 42 USC 3135.

42 USC 3141.

42 USC 3144. 42 USC 3152.

42 USC 3153. 42 USC 3171. 42 USC 3172. 42 USC 3181. 42 USC 3219.

42 USC 3236. 42 USC 3245.

42 USC 3246g. 42 USC 3219 '^°t^

SEC. 1821. (a) The Public Works and Economic Development Act of jggg (43 ijQQ 3121 et seq.) is amended as follows: (1) Section 105 is amended by striking out "September 80, 1981, and September 30, 1982." at the end of the first sentence and inserting in lieu thereof "and September 30, 1981, and not to exceed $150,000,000 for the fiscal year ending September 30, 1982 " (2)' Section 201(c) is amended by striking out "September 30, 1981, and September 30, 1982." at the end thereof and inserting in lieu thereof "and September 30, 1981, and not to exceed $46,500,000 for the fiscal year ending September 30, 1982.". (3) Section 204(c) is amended by striking out "September 30, 1981, and September 30, 1982." and inserting in lieu thereof "and September 30, 1981.". (4) Section 303(a) is amended by striking out "September 30, 1981, and September 30, 1982." and inserting in lieu thereof "and September 30, 1981, and not to exceed $35,500,000 for the fiscal year ending September 30, 1982.". (5) The first sentence of section 304(a) is amended by striking out "September 30, 1981, and September 30, 1982," and inserting in lieu thereof "and September 30, 1981,". (6) Section 403(g) is amended by striking out "September 30, 1981, and September 30, 1982," and inserting in lieu thereof "and September 30, 1981,". (7) Section 404 is amended by striking out "September 30, 1981, and September 30, 1982," and inserting in lieu thereof "and September 30, 1981,". (8) Effective September 30, 1981, title V is repealed. (9) Section 709 is amended by inserting ", except that there are hereby authorized to be appropriated to carry out those provisions of the Act for which specific authority for appropriations is not otherwise provided in this Act not to exceed $25,000,000 for the fiscal year ending September 30, 1982" before the period at the end of the first sentence. (10) Title VIII is amended by striking out section 806. (H) Section 905 is amended by striking out "September 30, 1981, and September 30, 1982." and inserting in lieu thereof "and September 30, 1981, and not to exceed $33,000,000 for the fiscal year ending September 30, 1982.". (12) Section 1007 is amended by striking out "September 30, 1982." and inserting in lieu thereof "September 30, 1981.". (b) The total of all authorizations to carry out the Public Works and Economic Development Act of 1965 for the fiscal year 1982 shall not exceed $290,000,000 and in the obligation of such sum the Secretary shall approve projects in accordance with such Act as follows: (1) highest priority to those projects for which applications have been authorized to be filed as of the date of enactment of this section; (2) next priority to those projects for which preapplications or project profiles have been authorized to be filed as of the date of enactment of this section; and (3) thereafter other projects. The Secretary shall ensure that only technically approvable projects under these priorities will be funded, and that no new projects are approved which cannot be completed with funds obligated in fiscal year 1982.

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Page:United States Statutes at Large Volume 95.djvu/793

 PUBLIC LAW 97-35—AUG. 13, 1981

95 STAT. 767

PART 2—APPALACHIAN REGIONAL DEVELOPMENT SEC. 1822. (a) The Appalachian Regional Development Act of 1965 is amended as follows: (1) Section 105(b) is amended by striking out "$3,350,000 for the 40 USC app. 105. fiscal year ending September 30, 1982 (of such amount not to exceed $550,000 shall be available for expenses of the Federal cochairman, his alternate, and his staff).' and inserting in lieu thereof "$2,900,000 for the fiscal year ending September 30, 1982 (of such amount not to exceed $400,000 shall be available for expenses of the Federal cochairman, his alternate, and his staff).". (2) Section 201(g) is amended by striking out "and $215,000,000 40 USC app. 201. for fiscal year 1982" and inserting in lieu thereof "and $165,000,000 for fiscal year 1982". (3) Section 401 is amended by striking out "$140,000,000 for the 40 USC app. 40i. fiscal year ending September 30, 1982." and inserting in lieu thereof "$50,000,000 for the fiscal year ending September 30, 1982.". (4) Section 401 is amended by adding at the end thereof the following: "No part of the sums authorized in this section for the fiscal year ending September 30, 1982, shall be obligated for any project unless such project was undertaken with funds obligated in a previous fiscal year or is a capital project which was originally approved for funding in fiscal year 1981 and can be started and completed with funds authorized for fiscal year 1982."

TITLE XIX—SMALL BUSINESS SEC. 1901. This title may be cited as the "Small Business Budget Reconciliation and Loan Consolidation/Improvement Act of 1981". SEC. 1902. Subsection (a) of section 7 of the Small Business Act is amended to read as follows: "(a) The Administration is empowered to the extent and in such amounts as provided in advance in appropriation Acts to make loans for plant acquisition, construction, conversion, or expansion, including the acquisition of land, material, supplies, equipment, and working capital, and to make loans to any qualified small business concern, including those owned by qualified Indian tribes, for purposes of this Act. Such financings may be made either directly or in cooperation with banks or other financial institutions through agreements to participate on an immediate or deferred (guaranteed) basis. These powers shall be subject, however, to the following restrictions, limitations, and provisions: "(1) No financial assistance shall be extended pursuant to this subsection if the applicant can obtain credit elsewhere. No immediate participation may be purchased unless it is shown that a deferred participation is not available; and no direct financing may be made unless it is shown that a participation is not available. "(2) In agreements to participate in loans on a deferred basis under this subsection, such participation by the Administration, except as provided in paragraph (6), shall be: "(A) not less than 90 per centum of the balance of the financing outstanding at the time of disbursement if such financing does not exceed $100,000; and

Small Business Budget Reconciliation and Loan Consolidation/ Improvement Act of 1981. 15 USC 631 note. 15 USC 636.

Loan authority limitations.

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Page:United States Statutes at Large Volume 95.djvu/794

 95 STAT. 768

PUBLIC LAW 97-35—AUG. 13, 1981 "(B) subject to the limitation in paragraph (3)— "(i) not less than 70 per centum nor more than 90 per centum of the financing outstanding at the time of disbursement if such financing exceeds $100,000 but is less than $714,285, and "(ii) less than 70 per centum of the financing outstanding at the time of disbursement if such financing exceeds $714,285; Provided, That the Administration shall not use the per centum of guarantee requested as a criterion to establish priorities in approving guarantee requests nor shall the Administration reduce the per centum guaranteed to less than 90 per centum pursuant to subparagraph (B) other than by a determination made on each application. "(3) No loan under this subsection shall be made if the total amount outstanding and committed 0)y participation or otherwise) to the borrower from the business loan and investment fund established by this Act would exceed $500,000: Provided, That no such loan made or effected either directly or in cooperation with banks or other lending institutions through agreements to participate on an immediate basis shall exceed $350,000. "(4) The rate of interest on financings made on a deferred basis shall be legal and reasonable but shall not exceed a rate prescribed by the Administration, and the rate of interest for the Administration's share of any direct or immediate participation loan shall not exceed the current average market yield on outstanding marketable obligations of the United States with remaining periods to maturity comparable to the average maturities of such loans and adjusted to the nearest one-eighth of 1 per centum, and an additional amount as determined by the Administration, but not to exceed 1 per centum per annum: Provided, That for those loans to assist any public or private organization for the handicapped or to assist any handicapped individual as provided in paragraph (10) of this subsection, the interest rate shall be 3 per centum per annum. "(5) No such loans including renewals and extensions thereof may be made for a period or periods exceeding twenty-five years, except that such portion of a loan made for the purpose of acquiring real property or constructing, converting, or expanding facilities may have a maturity of twenty-five years plus such additional period as is estimated may be required to complete such construction, conversion, or expansion. "(6) All loans made under this subsection shall be of such sound value or so secured as reasonably to assure repayment: Provided, however. That— "(A) for loans to assist any public or private organization or to assist any handicapped individual as provided in paragraph (10) of this subsection any reasonable doubt shall be resolved in favor of the applicant; "(B) recognizing that greater risk may be associated with loans for energy measures as provided in paragraph (12) of this subsection, factors in determining 'sound value' shall include, but not be limited to, quality of the product or service; technical qualifications of the applicant or his employees; sales projections; and the financial status of the business concern: Provided further. That such status need

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Page:United States Statutes at Large Volume 95.djvu/795

 PUBLIC LAW 97-35—AUG. 13, 1981 not be as sound as that required for general loans under this subsection; and "(C) the Administration shall not decline to participate in a loan on a deferred basis under this subsection solely because such loan will be used to refinance all or any part of the existing indebtedness of a small business concern, unless the Administration determines that— "(i) the holder of such existing indebtedness is in a position likely to sustain a loss if such refinancing is not provided, and "(ii) if the Administration provides such refinancing through an agreement to participate on a deferred bas/is, it will be in a position likely to sustain part or all of any loss which would have otherwise been sustained by the holder of the original indebtedness: Provided further, That the Administration may decline to approve such refinancing if it determines that the loan will not benefit the small business concern. On that portion of the loan used to refinance existing indebtedness held by a bank or other lending institution, the Administration shall limit the amount of deferred participation to 80 per centum of the amount of the loan at the time of disbursement: Provided further, That any authority conferred by this subparagraph on the Administration shall be exercised solely by the Administration and shall not be delegated to other than Administration personnel. "(7) The Administration may defer payments on the principal of such loans for a grace period and use such other methods as it deems necessary and appropriate to assure the successful establishment and operation of such concern. "(8)(A) Any loan made under the authority of this subsection by the Administration in cooperation with a bank or other lending institution through an agreement to participate on a deferred basis, may, upon the concurrence of the Administration, borrower and such bank or institution, have the term of such loan extended or such loan refinanced with an extension of its term: Provided, That the aggregate term of such extended or refinanced loan does not exceed the term permitted pursuant to paragraph (5): And provided further. That such extended loans, or refinancings shall be repaid in equal installments of principal and interest. "(B) An additional service fee not exceeding 1 per centum of the outstanding amount of the principal may be paid by the borrower to the lender in consideration for such lender extending the term or refinancing of such borrower's indebtedness if such extension or refinancing results in the term of such indebtedness exceeding ten years. "(C) The authority provided in this paragraph shall not be construed to otherwise limit the authority of the Administration to set terms and conditions of the loan. "(9) The Administration may provide loans under this subsection to finance residential or commerical construction or rehabilitation for sale: Provided, however, That such loans shall not be used primarily for the acquisition of land. "(10) The Administration may provide loans under this subsection to assist any public or private organization for the handicapped or to assist any handicapped individual in establishing, acquiring, or operating a small business concern.

95 STAT. 769

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Page:United States Statutes at Large Volume 95.djvu/796

 95 STAT. 770

15 USC 631.

15 USC 695.

26 USC 401.

PUBLIC LAW 97-35—AUG. 13, 1981 "(11) The Administration may provide loans under this subsection to any small business concern, or to any qualified person seeking to establish such a concern when it determines that such loan will further the policies established in section 2(c) of this Act, with particular emphasis on the preservation or establishment of small business concerns located in urban or rural areas with high proportions of unemployed or low-income individuals or owned by low-income individuals. "(12) The Administration may provide loans under this subsection to assist any small business concern, including start up, to enable such concern to design architecturally or engineer, manufacture, distribute, market, install, or service energy measures: Provided, however, That such loan proceeds shall not be used primarily for research and development. "(13) The Administration may provide financings under this subsection to State and local development companies for the purposes of, and subject to the restrictions in, title V of the Small Business Investment Act of 1958. "(14) The Administration under this subsection may provide extensions and revolving lines of credit for export purposes to enable small business concerns to develop foreign markets and for preexport financing: Provided, however. That no such extension or revolving line of credit may be made for a period or periods exceeding eighteen months. A bank or participating lending institution may establish the rate of interest on extensions and revolving lines of credit as may be legal and reasonable. "(15)(A) The Administration may guarantee loans under this subsection to qualified employee trusts with respect to a small business concern for the purpose of purchasing stock of the concern under a plan approved by the Administrator which, when carried out, results in the qualified employee trust owning at least 51 per centum of the stock of the concern. "(B) The plan requiring the Administrator's approval under subparagraph (A) shall be submitted to the Administration by the trustee of such trust with its application for the guarantee. Such plan shall include an agreement with the Administrator which is binding on such trust and on the small business concern and which provides that— "(i) not later than the date the loan guaranteed under subparagraph (A) is repaid (or as soon thereafter as is consistent with the requirements of section 401(a) of the Internal Revenue Code of 1954), at least 51 per centum of the total stock of such concern shall be allocated to the accounts of at least 51 per centum of the employees of such concern who are entitled to share in such allocation, "(ii) there will be periodic reviews of the role in the management of such concern of employees to whose accounts stock is allocated, and "(iii) there will be adequate management to assure management expertise and continuity. "(C) In determining whether to guarantee any loan under this paragraph, the individual business experience or personal assets of employee-owners shall not be used as criteria, except inasmuch as certain employee-owners may assume managerial responsibilities, in which case business experience may be considered.

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Page:United States Statutes at Large Volume 95.djvu/797

 PUBLIC LAW 97-35—AUG. 13, 1981 "(D) For purposes of this paragraph, a corporation which is controlled by any other person shall be treated as a small business concern if such corporation would, after the plan described in subparagraph (B) is carried out, be treated as a small business concern. "(E) The Administration shall compile a separate list of applications for assistance under this paragraph, indicating which applications were accepted and which were denied, and shall report periodically to the Congress on the status of employeeowned firms assisted by the Administration.". SEC. 1903. Section 3 of the Small Business Act is amended by adding thereto the following subsections: "(d) For purposes of section 7 of this Act, the term 'qualified Indian tribe' means an Indian tribe as defined in section 4(a) of the Indian Self-Determination and Education Assistance Act, which owns and controls 100 per centum of a small business concern. "(e) For purposes of section 7 of this Act, the term 'public or private organization for the handicapped' means one— "(1) which is organized under the laws of the United States or of any State, operated in the interest of handicapped individuals, the net income of which does not inure in whole or in part to the benefit of any shareholder or other individual; "(2) which complies with any applicable occupational health and safety standard prescribed by the Secretary of Labor; and "(3) which, in the production of commodities and in the provision of services during any fiscal year in which it received financial assistance under this subsection, employs handicapped individuals for not less than 75 per centum of the man-hours required for the production or provision of the commodities or services. "(f) For purposes of section 7 of this Act, the term 'handicapped individual' means a person who has a physical, mental, or emotional impairment, defect, ailment, disease, or disability of a permanent nature which in any way limits the selection of any type of employment for which the person would otherwise be qualified or qualifiable. "(g) For purposes of section 7 of this Act, the term 'energy measures' includes— "(1) solar thermal energy equipment which is either of the active type based upon mechanically forced energy transfer or of the passive type based on convective, conductive, or radiant energy transfer or some combination of these types; "(2) photovoltaic cells and related equipment; "(3) a product or service the primary purpose of which is conservation of energy through devices or techniques which increase the energy efficiency of existing equipment, methods of operation, or systems which use fossil fuels, and which is on the Energy Conservation Measures list of the Secretary of Energy or which the Administrator determines to be consistent with the intent of this subsection; "(4) equipment the primary purpose of which is production of energy from wood, biological waste, grain, or other biomass source of energy; "(5) equipment the primary purpose of which is industrial cogeneration of energy, district heating, or production of energy from industrial waste; "(6) hydroelectric power equipment; "(7) wind energy conversion equipment; and

95 STAT. 771

Report to Congress.

Definitions. 15 USC 632. 15 USC 636.

25 USC 450b.

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Page:United States Statutes at Large Volume 95.djvu/798

 95 STAT. 772

PUBLIC LAW 97-35—AUG. 13, 1981

"(8) engineering, architectural, consulting, or other professional services which are necessary or appropriate to aid citizens in using any of the measures described in paragraph (1) through (7). "(h) For purposes of this Act, the term 'credit elsewhere' means the availability of credit from non-Federal sources on reasonable terms and conditions taking into consideration the prevailing rates and terms in the community in or near where the concern transacts business, or the homeowner resides, for similar purposes and periods of time. 15 USC 636. "(i) For purposes of section 7 of this Act, the term 'homeowners' includes owners and lessees of residential property and also includes personal property.". Report to SEC. 1904. Section 10(b) of the Small Business Act is amended by congressional striking out "subsection" and all that follows and by inserting in lieu committees. thereof, "this Act. Such report shall provide such information sepa15 USC 639. rately on each type of loan made under paragraphs (10) through (15) of section 7(a) and separately for all other loan programs. In addition, the information on loans shall be supplied on a monthly basis to the Committee on Small Business of the Senate and the Committee on Small Business of the House of Representatives.". 15 USC 631 note. SEC. 1905. Section 20 of the Small Business Act is amended by striking out all after subsection 0) and inserting the following: Loan program "(k) The following program levels are authorized for fiscal year expenditure 1982: levels. "(1) For the programs authorized by section 7(a) of this Act, the Administration is authorized to make $195,000,000 in direct and immediate participation loans; and of such sum, the Administration is authorized to make $15,000,000 in loans as provided in paragraph (10), $45,000,000 in loans as provided in paragraph (11), and $10,00,000 in loans as provided in paragraph (12). "(2) For the programs authorized by 7(a) of this Act, and section 503 of the Small Business Investment Act of 1958, the Adminis15 USC 697. tration is authorized to make $3,140,000,000 in deferred participation loans and guarantees of debentures; and of such sum, the Administration is authorized to make $5,000,000 in loans as provided in paragraph (10), $60,000,000 in loans as provided in paragraph (11), $17,000,000 in loans as provided in paragraph (12), and $250,00,000 in loans as provided in paragraph (13) and guarantees of debentures as provided in section 503. "(3) For the programs authorized by title III of the Small Business Investment Act of 1958, the Administration is author15 USC 681. ized to make $35,000,000 in direct purchase of debentures and preferred securities and to make $160,000,000 in guarantees of debentures. "(4) For the programs authorized by part B of title IV of the 15 USC 694a. Small Business Investment Act of 1958, the Administration is authorized to enter into guarantees not to exceed $1,400,000,000. 15 USC 636. "(5) For the program authorized by section 70bX3) of this Act, the Administration shall not enter into any loans, guarantees, or other obligations or commitments. "(6) For the programs authorized in sections 404 and 405 of the 15 USC 694-1, Small Business Investment Act of 1958, the Administration is 694-2. authorized to enter into guarantees not to exceed $250,000,000. "(7) There are hereby authorized to be appropriated such sums as may be necessary and appropriate for the carrying out of the provisions and purposes, including administrative expenses, of sections 70i)Xl) and 7 (b)(2) of this Act; and there are authorized to

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Page:United States Statutes at Large Volume 95.djvu/799

 PUBLIC LAW 97-35—AUG. 13, 1981 be transferred from the disaster loan revolving funds such sums as may be necessary and appropriate for such administrative expenses. "(1) There are authorized to be appropriated to the Administration for fiscal year 1982, $623,000,000. Of such sum, $362,000,000 shall be available for the purpose of carrying out the programs referred to in subsection (k), paragraphs (1) through (3); $30,000,000 shall be available for the purpose of carrying out the provisions of section 412 of the Small Business Investment Act of 1958; $4,000,000 shall be available for the purpose of carrying out the provisions of section 403 of the Small Business Investment Act of 1958; and $227,000,000 shall be available for salaries and expenses of the Administration of which amount— "(1) $12,526,000 shall be available for procurement and technical Eissistance; of which amount not less than $2,318,000 shall be available for technical assistance, and of this amount not less than $903,000 shall be used to pay for the continued development of a procurement automated source system, and not less than $175,000 shall be used to develop and maintain technology assistance centers which shall have direct or indirect access to a minimum of thirty technology data banks to define the technology problems or needs of small businesses by searching technology data banks or other sources to locate, obtain and interpret the appropriate technology for such small business. "(2) $26,638,000 shall be available for management assistance of which amount not less than $1,214,000 shall be used to sustain the small business export development program and to employ not less than seventeen staff people for the Office of International Trade, ten of whom shall serve as export development specialists with each of the Administration's regional offices being assigned one such specialist. "(3) $8,000,000 shall be available for economic research and analysis and advocacy, of which amount not less than $2,420,000 shall be used to employ at least sixty-nine staff people for the office of the Chief Counsel for Advocacy to carry out research and those functions prescribed by Public Law 94-305; not less than $1,400,000 shall be used to develop an external small business data bank and small business index; not less than $1,350,000 shall be used for research; and not less than $1,000,000 shall be used to pay for development and maintenance of an indicative small business data base comprised of names and addresses and related information. "(4) $30,250,000 shall be available for the Office of Minority Small Business and Capital Ownership Development, $13,655,000 of which shall be used to carry out those functions, including administrative expenses, prescribed by section 7(j) of this Act. "(5) $10,546,000 shall be available for program evaluation and data management with priority given to the development of an automated internal Administration management data base, to the enhancement of the Administration's document tracking system, and to the installation of terminals in Administration field offices. "(6) There are hereby authorized to be appropriated such sums as may be necessary and appropriate for carrying out the provisions and purposes of the small business development center program in section 21.

95 STAT. 773

Appropriation authorization.

15 USC 694c. 15 USC 694.

15 USC 634a.

15 USC 636.

15 USC 648.

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Page:United States Statutes at Large Volume 95.djvu/800

 95 STAT. 774 Funds, transfer. Ante, p. 772.

Program expenditure levels. Ante, p. 767.

15 USC 697.

15 USC 681.

15 USC 694a.

15 USC 694-1, 694-2.

Appropriation authorization.

15 USC 694c. 15 USC 694.

PUBLIC LAW 97-35—AUG. 13, 1981 "(m) The Administrator may transfer no more than 10 per centum of each of the total levels for salaries and expenses authorized in paragraphs (1) through (5) of section 20(1) of this Act: Provided, however, That no level authorized in such paragraphs may be increased more than 20 per centum by any such transfers. "(n) The following program levels are authorized for fiscal year 1983: "(1) For the programs authorized by section 7(a) of this Act, the Administration is authorized to make $195,000,000 in direct and immediate participation loans; and of such sum, the Administration is authorized to make $15,000,000 in loans as provided in paragraph (10), $45,000,000 in loans as provided in paragraph (11), and $10,000,000 in loans as provided in paragraph (12). "(2) For the programs authorized by section 7(a) of this Act and section 503 of the Small Business Investment Act of 1958, the Administration is authorized to make $3,140,000,000 in deferred participation loans and guarantees of debentures; and of such sum, the Administration is authorized to make $5,000,000 in loans as provided in paragraph (10), $60,000,000 in loans as provided in paragraph (11), $17,000,000 in loans as provided in paragraph (12), and $350,000,000 in loans as provided in paragraph (13) and guarantees of debentures as provided in section 503. "(3) For the programs authorized by title III of the Small Business Investment Act of 1958, the Administration is authorized to make $35,000,000 in direct purchases of debentures and preferred securities and to make $160,000,000 in guarantees of debentures. "(4) For the programs authorized by part B of title IV of the Small Business Investment Act of 1958, the Administration is authorized to enter into guarantees not to exceed $1,400,000,000. "(5) For the progrsmi authorized by section 7(b)(3) of this Act, the Administration shall not enter into any loans, guarantees, or other obligations or commitments. "(6) For the programs authorized in sections 404 and 405 of the Small Business Investment Act of 1958, the Administration is authorized to enter into guarantees not to exceed $250,000,000. "(7) There are hereby authorized to be appropriated such sums as may be necessary and appropriate for the carrying out of the provisions and purposes, including administrative expenses, of sections 7(b)(l) and 7(b)(2) of this Act; and there are authorized to be transferred from the disaster loan revolving funds such sums as may be necessary and appropriate for such administrative expenses, "(o) There are authorized to be appropriated to the Administration for fiscal year 1983, $675,000,000. Of such sum, $408,000,000 shall be available for the purpose of carrying out the programs referred to in subsection (n), paragraphs (1) through (3); $30,000,000 shall be available for the purpose of carrying out the provisions of section 412 of the Small Business Investment Act of 1958; $4,000,000 shall be available for the purpose of carrying out the provisions of section 403 of the Small Business Investment Act of 1958; and $233,000,000 shall be available for salaries and expenses of the Administration of which amount— "(1) $12,526,000 shall be available for procurement and technical assistance; of which amount not less than $2,318,000 shall be available for technical assistance, and of this amount not less than $903,000 shall be used to pay for the continued development

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Page:United States Statutes at Large Volume 95.djvu/801

 PUBLIC LAW 97-35—AUG. 13, 1981

95 STAT. 775

of a procurement automated source system, and not less than $175,000 shall be used to develop and maintain technology assistance centers which shall have direct or indirect access to a minimum of thirty technology data banks to define the technology problems or needs of small businesses by searching technology data banks or other sources to locate, obtain and interpret the appropriate technology for such small business. "(2) $29,638,000 shall be available for management assistance of which amount not less than $1,214,000 shall be used to sustain the small business export development program and to employ not less than seventeen staff people for the Office of International Trade, ten of whom shall serve as export development specialists with each of the Administration's regional offices being assigned one such specialist. "(3) $8,000,000 shall be available for economic research and analysis and advocacy, of which amount not less than $2,420,000 shall be used to employ at least sixty-nine staff people for the office of the Chief Counsel for Advocacy to carry out research and those functions prescribed by Public Law 94-305; not less than 15 USC 634a. $1,400,000 shall be used to develop an external small business data bank and small business index; not less than $1,350,000 shall be used for research; and not less than $1,000,000 shall be used to pay for development and maintenance of an indicative small business data beise comprised of names and addresses and related information. "(4) $30,250,000 shall be available for the Office of Minority Small Business and Capital Ownership Development, $13,655,000 of which shall be used to carry out those functions, including administrative expenses, prescribed by section 7(j) of this Act.

15 USC 636.

"(5) $10,546,000 shall be available for program evaluation and data management with priority given to the development of an automated internal Administration management data base, to the enhancement of the Administration's document tracking system, and to the installation of terminals in Administration field offices. "(6) There are hereby authorized to be appropriated such sums as may be necessary and appropriate for carrying out the provisions and purposes of the Small business development 15 USC 648. center program in section 21. "(p) The Administrator may transfer no more than 10 per centum Funds, transfer. of each of the total levels for salaries and expenses authorized in paragraphs (1) through (5) of section 20(o) of this Act: Provided, Ante, p. 772. however, That no level authorized in such paragraphs may be increased more than 20 per centum by any such transfers. "(q) The following program levels are authorized for fiscal year Loan program expenditure 1984: "(1) For the programs authorized by section 7(a) of this Act, the levels.p. 767. Ante, Administration is authorized to make $195,000,000 in direct and immediate participation loans; and of such sum, the Administration is authorized to make $15,000,000 in loans as provided in paragraph (10), $45,000,000 in loans as provided in paragraph (11), and $10,000,000 in loans as provided in paragraph (12). "(2) For the programs authorized by 7(a) of this Act and section 503 of the Small Business Investment Act of 1958, the Adminis- 15 USC 697. tration is authorized to make $3,140,000,000 in deferred participation loans and guarantees of debentures; and of such sum, the Administration is authorized to make $5,000,000 in loans sis

-194 0—82

51:QL3

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Page:United States Statutes at Large Volume 95.djvu/802

 95 STAT. 776

15 USC 697. 15 USC 681.

15 USC 694a. 15 USC 636.

15 USC 694-1, 694-2.

Appropriation authorization.

15 USC 694c. 15 USC 694.

15 USC 634a.

PUBLIC LAW 97-35—AUG. 13, 1981 provided in paragraph (10), $60,000,000 in loans as provided in paragraph (11), $17,000,000 in loans as provided in paragraph (12), and $350,00,000 in loans as provided in paragraph (13) and guarantees of debentures as provided in section 503. "(3) For the programs authorized by title III of the Small Business Investment Act of 1958, the Administration is authorized to make $35,000,000 in direct purchases of debentures and preferred securities and to make $160,000,000 in guarantees of debentures. "(4) For the programs authorized by part B of title IV of the Small Business Investment Act of 1958, the Administration is authorized to enter into guarantees not to exceed $1,400,000,000. "(5) For the program authorized by section 7(b)(3) of this Act, the Administration shall not enter into any loans, guarantees, or other obligations or commitments. "(6) For the programs authorized in sections 404 and 405 of the Small Business Investment Act of 1958, the Administration is authorized to enter into guarantees not to exceed $250,000,000. "(7) There are hereby authorized to be appropriated such sums as may be necessary and appropriate for the carrying out of the provisions and purposes, including administrative expenses, of sections 7(b)(1) and 7(b)(2) of this Act; and there are authorized to be transferred from the disaster loan revolving funds such sums as may be necessary and appropriate for such administrative expenses, "(r) There are authorized to be appropriated to the Administration for fiscal year 1984, $804,000,000. Of such sum, $531,000,000 shall be available for the purpose of carrying out the programs referred to in subsection (q), paragraphs (1) through (3); $30,000,000 shall be available for the purpose of carrying out the provisions of section 412 of the Small Business Investment Act of 1958; $4,000,000 shall be available for the purpose of carrying out the provisions of section 403 of the Small Business Investment Act of 1958; and $239,000,000 shall be available for salaries and expenses of the Administration of which amount— "(1) $12,526,000 shall be available for procurement and technical assistance; of which amount not less than $2,318,000 shall be available for technical assistance, and of this amount not less than $903,000 shall be used to pay for the continued development of a procurement automated source system, and not less than $175,000 shall be used to develop and maintain technology assistance centers which shall have direct or indirect access to a minimum of thirty technology data banks to define the technology problems or needs of small businesses by searching technology data banks or other sources to locate, obtain and interpret the appropriate technology for such small business. "(2) $32,138,000 shall be available for management assistance of which amount not less than $1,214,000 shall be used to sustain the small business export development program and to employ not less than seventeen staff people for the Office of International Trade, ten of whom shall serve as export development specialists with each of the Administration's regional offices being assigned one such specialist. "(3) $8,000,000 shall be available for economic research and analysis and advocacy, of which amount not less than $2,420,000 shall be used to employ at least sixty-nine staff people for the office of the Chief Counsel for Advocacy to carry out research and those functions prescribed by Public Law 94-305; not less than

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Page:United States Statutes at Large Volume 95.djvu/803

 PUBLIC LAW 97-35—AUG. 13, 1981 $1,400,000 shall be used to develop an external small business data bank and small business index; not less than $1,350,000 shall be used for research; and not less than $1,000,000 shall be used to pay for development and maintenance of an indicative small business data base comprised of names and addresses and related information. "(4) $30,250,000 shall be available for the Office of Minority Small Business and Capital Ownership Development, $13,655,000 of which shall be used to carry out those functions, including administrative expenses, prescribed by section 7(j) of this Act. "(5) $10,546,000 shall be available for program evaluation and data management with priority given to the development of an automated internal Administration management data base, to the enhancement of the Administration's document tracking system, and to the installation of terminals in Administration field offices. "(6) There are hereby authorized to be appropriated such sums as may be necessary and appropriate for carrying out the provisions and purposes of the small business development center program in section 21. "(s) The Administrator may transfer no more than 10 per centum of each of the total levels for salaries and expenses authorized in paragraphs (1) through (5) of section 20(r) of this Act: Provided, however, That no level authorized in such paragraphs may be increased more than 20 per centum by any such transfers.". SEC. 1906. Section 20(h) of the Small Business Act is hereby amended by striking from paragraph (9) the figure "$110,000,000" and by inserting "$180,000,000". SEC. 1907. Not later than February 28, 1984, and February 28, 1985, the Small Business Administration shall submit to the Committee on Small Business of the Senate and the Committee on Small Business of the House of Representatives, a report which shall contain— (1) with respect to section 7(a)(5) of the Small Business Act— (A) the aggregate number, dollar value, and default rate of all loans (other than for the acquisition of real property or for construction) having a maturity not in excess of ten years, and the aggregate number, dollar value, and default rate of all loans made for the purpose of acquiring real property or for construction having a maturity of between ten years and twenty years plus such additional period as is estimated may be required to complete such construction; and (B) the aggregate number, dollar value, and default rate of all loans (other than for the acquisition of real property or for construction) made since the effective date of this section, having a maturity in excess of ten years, and the aggregate number, dollar value, and default rate of all loans made for the purpose of acquiring real property or for construction made since the effective date of this section, having a maturity in excess of twenty years plus such additional period as is estimated may be required to complete such construction; (2) with respect to section 7(a)(8)(A) of the Small Business Act— (A) the aggregate number, dollar value, and default rate of loans extended or refinanced pursuant to such section; and

95 STAT. 777

15 USC 648. Funds, transfer. Ante, p. 772. 15 USC 631 note. 15 USC 631 note.

Report to congressional committees. 15 USC 636 note. Ante, p. 767.

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Page:United States Statutes at Large Volume 95.djvu/804

 95 STAT. 778

Ante, p. 767. 15 USC 633. 15 USC 696. Ante, p. 767. Disaster loans. 15 USC 636.

PUBLIC LAW 97-35—AUG. 13, 1981 (B) the average term of loans before such extension or refinancing and the average term of such loans after such extension or refinancing; and (3) with respect to section 7(a)(6)(C) of the Small Business Act, the aggregate number, dollar value, and default rate of all loans refinanced pursuant to such provision. SEC. 1908. Section 4(c)(l)(B) of the Small Business Act is amended by deleting "7(e), 7(h), 7(i), 7(1),". SEC. 1909. Section 502 of the Small Business Investment Act of 1958 is amended by striking paragraphs (1) and (5) and by renumbering paragraphs (2), (3), and (4) as paragraphs (1), (2), and (3), respectively. SEC. 1910. Sections 7(a)(6)(C) and 7(a)(8) of the Small Business Act as enacted herein are repealed October 1, 1985. SEC. 1911. Sections 7(b)(1) and 7(b)(2) of the Small Business Act are amended to read as follows: "(b) The Administration also is empowered to the extent and in such amounts as provided in advance in appropriation Acts— "(1)(A) to make such loans (either directly or in cooperation with banks or other lending institutions through agreements to participate on an immediate or deferred (guaranteed) basis) as the Administration may determine to be necessary or appropriate to repair, rehabilitate or replace property, real or personal, damaged or destroyed by or as a result of floods, riots or civil disorders, or other catastrophes: Provided, That such damage or destruction is not compensated for by insurance or otherwise; "(B) to refinance any mortgage or other lien against a totally destroyed or substantially damaged home or business concern: Provided, That no loan or guarantee shall be extended unless the Administration finds that (i) the applicant is not able to obtain credit elsewhere; (ii) such property is to be repaired, rehabilitated, or replaced; (iii) the amount refinanced shall not exceed the amount of physical loss sustained; and (iv) such amount shall be reduced to the extent such mortgage or lien is satisfied by insurance or otherwise; "(2) to make such loans (either directly or in cooperation with banks or other lending institutions through agreements to participate on an immediate or deferred (guaranteed) basis) as the Administration may determine to be necessary or appropriate to any small business concern located in an area affected by a disaster, if the Administration determines that the concern has suffered a substantial economic injury as a result of such disaster and if such disaster constitutes— "(A) a major disaster, as determined by the President under the Act entitled "An Act to authorize Federal assistance to States and local governments in major disasters, and for other purposes", approved September 30, 1950, as amended (42 U.S.C. 1855-1855g); or "(B) a natural disaster, as determined by the Secretary of Agriculture pursuant to the Consolidated Farmers Home .',;: Administration Act of 1961 (7 U.S.C. 1961); or "(C) a disaster, as determined by the Administrator of the Small Business Administration; or "(D) if no disaster declaration has been issued pursuant to subparagraph (A), (B), or (C), the Governor of a State in which a disaster has occurred may certify to the Small Business Administration that small business concerns (1) have suffered economic injury as a result of such disaster, and (2) are in need of financial assistance which is not

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Page:United States Statutes at Large Volume 95.djvu/805

 PUBLIC LAW 97-35—AUG. 13, 1981

95 STAT. 779

available on reasonable terms in the disaster stricken area. Upon receipt of such certification, the Administration may then make such loans as would have been available under this paragraph if a disaster declaration had been issued. Provided, That no loan or guarantee shall be extended pursuant to this paragraph (2) unless the Administration finds that the applicant is not able to obtain credit elsewhere. SEC. 1912. Section 7(c) of the Small Business Act is amended by Interest rates on adding the following: federal bans. 15 USC 636. "(4) Notwithstanding the provisions of any other law, the interest rate on the Federal share of any loan made under subsection (b) shall be— "(A) in the case of a homeowner unable to secure credit elsewhere, the rate prescribed by the Administration but not more than one-half the rate determined by the Secretary of the Treasury taking into consideration the current average market yield on outstanding marketable obligations of the United States with remaining periods to maturity comparable to the average maturities of such loans plus an additional charge of not to exceed 1 per centum per annum as determined by the Administrator, and adjusted to the nearest one-eighth of 1 per centum but not to exceed 8 per centum per annum; "(B) in the case of a homeowner able to secure credit elsewhere, the rate prescribed by the Administration but not more than the rate determined by the Secretary of the Treasury taking into consideration the current average market yield on outstanding marketable obligations of the United States with remaining periods to maturity comparable to the average maturities of such loans plus an additional charge of not to exceed 1 per centum per annum as determined by the Administrator, and adjusted to the nearest one-eighth of 1 per centum; "(C) in the case of a business concern unable to obtain credit elsewhere, not to exceed 8 per centum per annum; "(D) in the case of a business concern able to obtain credit elsewhere, the rate prescribed by the Administration but not in excess of the rate prevailing in private market for similar loans and not more than the rate prescribed by the Administration as the maximum interest rate for deferred participation (guaranteed) loans under section 7(a) of this Act. Loans under this subparagraph shall be limited to a maximum term of three years. Such loans, subject to the reductions required by subparagraphs (A) and (B) of paragraph (1), shall be in amounts equal to 100 percent of loss if the applicant is a homeowner and 85 percent of loss if the applicant is a business or otherwise. The interest rates for loans made under paragraphs (1) and (2), as determined pursuant to this paragraph (4), shall be the rate of interest which is in effect on the date the disaster commenced: Provided, That no loan under paragraphs (1) and (2) shall be made, either directly or in cooperation with banks or other lending institutions through agreements to participate on an immediate or deferred (guaranteed) basis, if the total amount outstanding and committed to the borrower under this subsection would exceed $500,000 for each disaster unless an applicant constitutes a major source of employment in an area suffering a disaster, in which

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Page:United States Statutes at Large Volume 95.djvu/806

 95 STAT. 780

PUBLIC LAW 97-35—AUG. 13, 1981

case the Administration, in its discretion, may waive the $500,000 limitation.". Disaster loans. SEC. 1913. (a) Section 7(b) of the Small Business Act is amended by 15 USC 636. striking out paragraphs (3) through (9) and inserting in lieu thereof the following: "(3) to make such loans (either directly or in cooperation with banks or other lending institutions through agreements to participate on an immediate or deferred basis) as the Administration may determine to be necessary or appropriate to assist any small business concern in effecting additions to, alterations in, or restablishment in the same or a new location of its plant, facilities, or methods of operation made necessary by direct action of the Federal Government or as a consequence of Federal Government action or to meet requirements or restrictions imposed on such concern under any Federal law heretofore or hereafter enacted or any State law enacted in conformity therewith, or any regulation or order of a duly authorized Federal, State, regional, or local agency issued in conformity with such Federal law, if the Administration determines that such concern is likely to suffer substantial economic injury or be unable to market a product without assistance under this paragraph: Provided, That the maximum loan made to any small business concern under this paragraph shall not exceed $500,000 and the amount thereof shall be based solely on a determination made on each application: Provided further. That no loan or guarantee shall be extended unless the Administration finds that the K TTon «QQ applicant is unable to obtain credit elsewhere."; 15 USC 633. (ij) Section 4(cKl) of the Small Business Act is amended by striking all of subparagraph (A) after "7(b)(3)," and by inserting in lieu thereof "and 7(c)(2) of this Act; and". 15 USC 636. (c) Section 7(g) of the Small Business Act is hereby repealed. SEC. 1914. Section 7(c)(3) of the Small Business Act is amended by striking "to October 1, 1983" and by inserting "the effective date of this Act". SEC. 1915. Section 4(c)(5)(B)(ii) of the Small Business Act is amended by striking all of the first sentence after "are made" and by inserting "from amounts appropriated for the disaster loan fond after October 1, 1980 or are made from repayments of principal of loans made from funds appropriated to the disaster loan fund, or from amounts appropriated to the business loan and investment fund on or after October 1, 1981 or are made from repayments of principal of loans made from funds appropriated to the business loan and investment fund and received on or after October 1, 1981.". 15 USC 636 note. SEC. 1916. (a) Notwithstanding section 5(b)(6) of the Small Business Act, or any other provision of law, any business concern applicant for assistance made pursuant to paragraph (1), (2), or (4) of subsection 7(b) of the Small Business Act whose application was received but not approved by the Small Business Administration on or before March 19, 1981, shall be offered loan assistance by the Small Business Administration as provided in this section. (b) The Small Business Administration is specifically directed to reconsider and act upon any such application and to make, remake, obligate, reobligate, commit or recommit such financing as provided herein. (c) If the applicant was a business concern able to obtain credit elsewhere, the terms and conditions shall be those specified in section 7(b)(3) of the Small Business Act; but if the Administrator determines that imposition of these provisions would impose a

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Page:United States Statutes at Large Volume 95.djvu/807

 PUBLIC LAW 97-35—AUG. 13, 1981

95 STAT. 781

substantial hardship on the applicant, he may, in his discretion on a case-by-case basis waive these provisions and provide assistance in accord with rules and regulations in effect for the date the disaster commenced for applicants able to secure credit elsewhere. If the applicant was a business concern unable to obtain credit elsewhere, or was an applicant under sections 7(b)(2) or 7(b)(4) of the Small Business Act, the terms and conditions shall be those in effect for Ante, p. 778 such applicants on the date such application was first received. As used herein, the term "credit elsewhere" shall have the meaning prescribed by the Small Business Act as amended herein. SEC. 1917. Section 231 of the Disaster Relief Act is hereby repealed. Repeal. SEC. 1918. Sections 1908, 1909, and 1913 of this title shall be 15 USC 636a. dates. effective October 1, 1981, and section 1910 of this title shall be Effective631 note. effective as provided therein. All other provisions of this title shall be 15 USC effective immediately but shall not affect any financing made, obligated, or committed under the Small Business Act or the Small 15 USC 631 note, Business Investment Act of 1958 prior to the effective date hereof. 661 note.

TITLE XX—VETERANS' PROGRAMS BURIAL BENEFITS

SEC. 2001. (a)(1) Section 902(a) of title 38, United States Code, is amended by striking out "Where a veteran dies—" and clauses (1) and (2) and inserting in lieu thereof "When a veteran dies who was in receipt of compensation (or but for the receipt of retirement pay would have been entitled to compensation) or in receipt of pension,'. (2) The amendment made by paragraph (1) shall take effect with respect to deaths occurring after September 30, 1981. (b) Section 903(b) of such title is amended by inserting "who was discharged from the active military, naval, or air service for a disability incurred or aggravated in line of duty, or who is a veteran of any war" after "such subsection,". OUTPATIENT DENTAL TREATMENT

SEC. 2002. (a) Section 612(b) of title 38, United States Code, is amended— (1) in clause (2)— (A) by striking out "and (B)" after "service" and inserting in lieu thereof a comma and the following: "(B) if the veteran had served not less than 180 days of active military, naval, or air service immediately before such discharge or release, (C)"; (B) by striking out "within one year" both places it appears and inserting in lieu thereof within 90 days"; and (C) by striking out the semicolon and inserting in lieu thereof a comma and the following: "and (D) if the veteran's certificate of discharge or release from active duty does not bear a certification that the veteran was provided, within the 90-day period immediately before the date of such discharge or release, a complete dental examination (including dental X-rays) and all appropriate dental services and treatment indicated by the examination to be needed;"; and (2) by inserting before the second sentence the following: "The Secretary concerned shall at the time a member of the Armed Forces is discharged or released from a period of active military, naval, or air service of not less than 180 days provide to such member

Effective date. 38 USC 902 note.

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Page:United States Statutes at Large Volume 95.djvu/808

 95 STAT. 782

Effective date. 38 USC 612 note.

PUBLIC LAW 97-35—AUG. 13, 1981 a written explanation of the provisions of clause (2) of this subsection and enter in the service records of the member a statement signed by the member acknowledging receipt of such explanation (or, if the member refuses to sign such statement, a certification from an officer designated for such purpose by the Secretary concerned that the member was provided such explanation).". (b)(1) The amendments made by clauses (1)(A), (1)(C), and (2) of subsection (a) shall take effect on October 1, 1981. (2) The amendment made by clause (1)(B) of subsection (a) shall apply only to veterans discharged or released from active military, naval, or air service after September 30, 1981. TERMINATION OF EDUCATIONAL ASSISTANCE FOR PURSUIT OF FLIGHT TRAINING

SEC. 2003. (a)(1) Section 1631(c) of title 38, United States Code, is amended by striking out "either" and "or a program of flight training". (2) Section 1641 of such title is amended to read as follows:

38 USC 1770 et ««<? 38 USC 1662.

"§ 1641. Requirements "The provisions of sections 1663, 1670, 1671, 1673, 1674, 1676, 1683, and 1691(a)(1) of this title and the provisions of chapter 36 of this title (with the exception of sections 1777, 1780(c), and 1787) shall be applicable to the program.". (b)(1) Section 1662(c) of such title is amended by striking out "or flight training within the provisions of section 1677 of this chapter,". (2) Section 1673(b) of such title is amended by striking out "Except as provided in section 1677 of this title, the" and inserting in lieu thereof "The". (3)(A) Section 1677 of such title, relating to flight training, is repealed. (B) The table of sections at the beginning of chapter 34 of such title is amended by striking out the item relating to section 1677. (4) Section 1681 of such title is amended— (A) in subsection (b), by striking out "or a program of flight training"; and (B) by striking out subsection (c) (including the center heading preceding such subsection). (5) Section 1682(a)(1) of such title is amended by striking out "1677 or". (c) Section 1780(a) of such title is amended by striking out "or a program of flight training". REDUCTION IN LEVEL OF EDUCATIONAL ASSISTANCE FOR CORRESPONDENCE COURSES

Effective date. 38 USC 1786 note.

S E C 2004. (a) Section 1786(a)(1) of title 38, United States Code, is amended by striking out "70 percent" and inserting in lieu thereof "55 percent". (b) The amendment made by subsection (a) shall not apply to correspondence lessons completed and submitted to the educational institution concerned before October 1, 1981. EDUCATION LOAN PROGRAM

SEC. 2005. (a) Section 1631 of title 38, United States Code, is amended by striking out subsection (d).

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Page:United States Statutes at Large Volume 95.djvu/809

 PUBLIC LAW 97-35—AUG. 13, 1981

95 STAT. 783

(b) Section 1686 of such title is amended by inserting "to whom 38 USC 1686. section 1662(a)(2) of this title is applicable" after "eligible veteran". (c) Section 1737 of such title is amended by inserting a comma and "before October 1, 1981," after "shall be entitled". (d) Section 1798(a) of such title is amended— (1) by striking out "Each" and inserting in lieu thereof "(1) Subject to paragraph (2) of this subsection, each"; and (2) by adding at the end the following new paragraph: "(2) Except in the case of a veteran to whom section 1662(a)(2) of this title is applicable, no loan may be made under this subchapter after September 30, 1981.". EFFECTIVE DATES WITH RESPECT TO FLIGHT TRAINING

SEC. 2006. (a) Except as provided in subsection (b), the amendments made by sections 2003 and 2005 shall take effect on October 1, 1981. (b) The amendments made by such sections shall not apply to any person receiving educational assistance under section 1677 of title 38, United States Code, as such section was in effect on August 31, 1981, for the pursuit of a program of education (as defined in section 1652(b) of such title) in which such person was enrolled on that date, for as long as such person is continuously thereafter so enrolled and meets the requirements of eligibility for such assistance for the pursuit of such program under the provisions of chapters 34 and 36 of such title, as in effect on that date.

38 USC I63i "ote. Ante, p. 782.

38 USC I65i et s^?- I'^'^o ^^ s^*?-

TITLE XXI—MEDICARE, MEDICAID, AND MATERNAL AND CHILD HEALTH SHORT TITLE OF SUBTITLES A, B, AND C; TABLE OF CONTENTS OF TITLE

SEC. 2100. Subtitles A, B, and C of this title may be cited as the Medicare and "Medicare and Medicaid Amendments of 1981". Medicaid Amendments of TABLE OF CONTENTS OF TITLE

42^USC 1305

TITLE XXI—MEDICARE, MEDICAID, AND MATERNAL AND CHILD HEALTH Sec. 2100. Short title for subtitles A, B, and C; table of contents of title. Subtitle A—Provisions Relating to Medicare and Medicaid Sec. 2101. Sec. 2102. Sec. 2103. Sec. 2104.

CHAPTER 1—REIMBURSEMENT CHANGES Payments to promote closing and conversion of underutilized hospital facilities. Adjustment in payment for inappropriate hospital services. Limitation on medicare and medicaid payments for certain drugs. Withholding of payments for certain medicaid providers. CHAPTER 2—OTHER ADMINISTRATIVE CHANGES

Sec. 2105. Civil monetary penalties. Sec. 2106. Technical corrections for errors made by the Medicare and Medicaid Amendments of 1980. CHAPTER 3—PROFESSIONAL STANDARDS REVIEW ORGANIZATIONS (PSRO'S) Sec. 2111. Making delegated review optional. Sec. 2112. Assessment of PSRO performance.

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Page:Folk-lore - A Quarterly Review. Volume 7, 1896.djvu/230

204 of God, which we transcribe as Jehovah] of the angels, the mighty, the powerful, the strong, the holy, the ruling, and let him sleep, and speak to no man. Then the angels will come to him in the night as a prophetic vision (real vision, and not a parable), and they will inform him and tell him anything he asks without fear."

For the Book of Raziel may be consulted Wolf, ''Bill. Rabb''., vol. i., p. III. (cf. iii., p. 69; iv., p. 711), Zünz, Gottesdienstliche Vorträge der Juden. It must be clearly understood that the sacrificial ceremony described above is not any part of the Jewish sacrificial rites, and in some points openly contradicts it. One of the most striking features of this performance is the use of the two-edged knife. The use of sacrificial ashes for divination is met with several times in the Talmud and Midrash; but, as far as I know, there is no mention of such a use being made of the ashes of ordinary sacrifice.

.

St. John's College, Oxford.

.

Popular Religion.

1. Ceremonies observed in the month Kuar (November).—Elaborate details. Worship done at home more efficacious than if done at the shrine. Red powder figures largely; and cowdung; also a pitcher draped in a way to resemble a woman, and called Devi. Burnt-sacrifice.—A dramatic representation of the fight between Rāma and Rāwana. At night, after one of these days, they worship the moon, and put sweetmeats on the roof for the god of night.

18. A legend, including some moon-lore. It appears to be regarded as sin to see the moon on a certain day, and the sin is wiped away by seeing the moon on another day.

21. On vestiges of moon-worship in Behar and Bengal. If on the day alluded to above, any one does catch a glimpse of the moon, he throws stones on his neighbours' tiles, in order that they may abuse him: this they do, and the ill effects of the sight of the


text:
Page:United States Statutes at Large Volume 95.djvu/810

 95 STAT. 784

PUBLIC LAW 97-35—AUG. 13, 1981 Sec. 2113. Optional use of PSRO's under State medicaid plans. Sec. 2114. Secretarial determination in lieu of PSRO certification. Subtitle B—Provisions Relating to Medicare CHAPTER 1-CHANGES IN SERVICES AND BENEFITS Sec. 2121. Elimination of part A coverage of alcohol detoxification facility services. Sec. 2122. Elimination of occupational therapy as a basis for initial entitlement to home health services. CHAPTER 2-CHANGES IN COINSURANCE, DEDUCTIBLES, AND COPAYMENTS Sec. 2131. Making part A coinsurance current with the year in which services furnished. Sec. 2132. Making part A coinsurance and deductible more current. Sec. 2133. Elimination of carryover from previous year of incurred expenses for meeting the part B deductible. Sec. 2134. Increase in part B deductible. CHAPTER 3-REIMBURSEMENT CHANGES Sec. 2141. Limitation on routine nursing differential. Sec. 2142. Limitation on reeisonable cost and reasonable charge for outpatient services. Sec. 2143. Limits on reimbursement to hospitals. Sec. 2144. Limits on reimbursement to home health agencies. Sec. 2145. Incentive reimbursement rate for renal dialysis services. Sec. 2146. Medicare payments secondary in cases of end stage renal disease services covered under certain group health policies. CHAPTER 4-MISCELLANEOUS CHANGES Sec. 2151. Elimination of unlimited open enrollment. Sec. 2152. Utilization guidelines for provision of home health services. Sec. 2153. Repeal of statutory time limitation on agreement with skilled nursing facilities. Sec. 2154. Removal of limitation on number of medicare demonstration projects. Sec. 2155. Repeal of temporary delay in periodic interim payments (PIP). Sec. 2156. Statutory deadlines for implementing AFDC home health aide demonstration projects. Subtitle C—Provisions Relating to Medicaid CHAPTER 1—CHANGES IN PAYMENTS TO STATES Sec. 2161. Reduction in medicaid payments to States and offset for meeting Federal medicaid expenditure targets. Sec. 2162, Payments to territories. Sec. 2163. Eliminating time period limitation on payment of interest on disputed claims. Sec. 2164. Eliminating Federal matching for certain laboratory tests. Sec. 2165. Study of Federal medical assistance percentage formula and of actjustments of target amounts for Federal medicaid expenditures. CHAPTER 2-INCREASED FLEXIBILITY FOR STATES Sec. Sec. Sec. Sec. Sec.

2171. Coverage of, and services for, the medically needy. 2172. Flexibility in coverage of individuals aged 18-20. 2173. Reimbursement of hospitals. 2174. Removal of medicaid reasonable charge limitation. 2175. Inapplicability and waiver of freedom-of-choice and other State plan requirements. Sec. 2176. Waiver to provide home and community-based services for certain individuals. Sec. 2177. Time limitation for action on requests for plan amendments and waivers. Sec. 2178. Flexibility in HMO and prepaid provider participation in State plans.

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Page:United States Statutes at Large Volume 95.djvu/811

 PUBLIC LAW 97-35—AUG. 13, 1981

95 STAT. 785

CHAPTER 3-MISCELLANEOUS CHANGES Sec. 2181. Repeal of EPSDT penalty. Sec. 2182. Flexibility in requiring collection of third-party payments. Sec. 2183. Permitting physician assistants and nurse practitioners to provide certain recertifications. Sec. 2184. Repeal of obsolete authority for medical assistance. Subtitle D—Maternal and Child Health Services Block Grant Sec. Sec. Sec. Sec.

2191. 2192. 2193. 2194.

Short title of subtitle. Maternal and child health services block grant. Repeals and conforming amendments. Effective date; transition.

Subtitle A—Provisions Relating to Medicare and Medicaid CHAPTER 1—REIMBURSEMENT CHANGES PAYMENTS TO PROMOTE CLOSING AND CONVERSION OF UNDERUTILIZED HOSPITAL FACILITIES

SEC. 2101. (a) Part C of title XVIII of the Social Security Act is amended by adding at the end the following new section: " P A Y M E N T S TO PROMOTE CLOSING AND CONVERSION OF UNDERUTILIZED HOSPITAL FACILITIES

"SEC. 1884. (a) Any hospital may file an application with the 42 USC I395uu. Secretary (in such form and including such data and information as the Secretary may require) for establishment of a transitional allowance under this title with respect to the closing or conversion of an underutilized hospital facility. The Secretary also may establish procedures, consistent with this section, by which a hospital, before undergoing an actual closure or conversion of a hospital facility, can have a determination made as to whether or not it will be eligible for a transitional allowance under this section with respect to such closure or conversion. "(b) If the Secretary finds, after consideration of an application under subsection (a), that— "(1) the hospital's closure or conversion— "(A) is formally initiated after September 30, 1981, "(B) is expected to benefit the program under this title by (i) eliminating excess bed capacity, (ii) discontinuing an underutilized service for which there are adequate alternative sources, or (iii) substituting for the underutilized service some other service which is needed in the area, and "(C) is consistent with the findings of an appropriate health planning agency and with any applicable State program for reduction in the number of hospital beds in the State, and "(2) in the case of a complete closure of a hospital— "(A) the hospital is a private nonprofit hospital or a local governmental hospital, and "(B) the closure is not for replacement of the hospital, the Secretary may include as an allowable cost in the hospital's reasonable cost (for the purpose of making payments to the hospital under this title) an amount (in this section referred to as a 'transitional allowance'), as provided in subsection (c).

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text:
Page:United States Statutes at Large Volume 95.djvu/812

 95 STAT. 786

42 USC 1396b.

Ante, p. 785. 42 USC 1395UU note. Report to Congress.

PUBLIC LAW 97-35—AUG. 13, 1981 "(c)(1) Each transitional allowance established shall be reasonably related to the prior or prospective use of the facility involved under this title and shall recognize— "(A) in the case of a facility conversion or closure (other than a complete closure of a hospital)— "(i) in the case of a private nonprofit or local governmental hospital, that portion of the hospital's costs attributable to capital assets of the facility which have been taken into account in determining reasonable cost for purposes of determining the amount of payment to the hospital under this title, and "(ii) in the case of any hospital, transitional operating cost increases related to the conversion or closure to the extent that such operating costs exceed amounts ordinarily reimbursable under this title; and "(B) in the case of complete closure of a hospital, the outstanding portion of actual debt obligations previously recognized as reasonable for purposes of reimbursement under this title, less any salvage value of the hospital. "(2) A transitional allowance shall be for a period (not to exceed 20 years) specified by the Secretary, except that, in the case of a complete closure described in paragraph (I)(B), the Secretary may provide for a lump-sum allowance where the Secretary determines that such a one-time allowance is more efficient and economical. "(3) A transitional allowance shall take effect on a date established by the Secretary, but not earlier than the date of completion of the closure or conversion concerned. "(4) A transitional allowance shall not be considered in applying the limits to costs recognized as reasonable pursuant to the third sentence of subparagraph (A) and subparagraph (L)(i) of section 1861(v)(l) of this Act, or in determining whether the reasonable cost exceeds the customary charges for a service for purposes of determining the amount to be paid to a provider pursuant to sections 1814(b) and 1833(a)(2) of this Act. "(c) A hospital dissatisfied with a determination of the Secretary on its application under this section may obtain an informal or formal hearing, at the discretion of the Secretary, by filing (in such form and within such time period as the Secretary establishes) a request for such a hearing. The Secretary shall make a final determination on such application within 30 days after the last day of such hearing.". (2) Section 1903 of such Act is amended by inserting after subsection (d) the following new subsection: "(e) A State plan approved under this title may include, as a cost with respect to hospital services under the plan under this title, periodic expenditures made to reflect transitional allowances established with respect to a hospital closure or conversion under section 1884.". (b)(1) Notwithstanding section 1884(a) of the Social Security Act, the Secretary of Health and Human Services may not establish under such section transitional allowances with respect to more than 50 hospitals prior to January 1, 1984. (2) The Secretary of Health and Human Services shall evaluate the effectiveness of the program of transitional allowances established under section 1884 of the Social Security Act and shall, not later than January 1, 1983, report to the Congress on such evaluation and include in such report such recommendations for such legislative changes as he deems appropriate.

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Page:United States Statutes at Large Volume 95.djvu/813

 PUBLIC LAW 97-35—AUG. 13, 1981

95 STAT. 787

(c) The amendment made by subsection (a) shall apply only to services furnished by a hospital during any accounting year beginning on or after October 1, 1981.

Effective date. 42 USC 1395UU note.

ADJUSTMENT IN PAYMENT FOR INAPPROPRIATE HOSPITAL SERVICES

SEC. 2102. (a)(1) Section 1861(v)(l)(G)(i) of the Social Security Act is 42 USC I395x. amended by striking out "the hospital had (during the immediately preceding calendar year) an average daily occupancy rate of 80 percent or more" and inserting in lieu thereof "there is not an excess of hospital beds in such hospital and (subject to clause (iv)) there is not an excess of hospital beds in the area of such hospital". (2) Clause (iv) of section 1861(v)(l)(G) of such Act is amended to read as follows: "(iv) In determining under clause (i), in the case of a public hospital, whether or not there is an excess of hospital beds in the area of such hospital, such determination shall be made on the basis of only the public hospitals (including the hospital) which are in the area of the hospital and which are under common ownership with that hospital.". (b)(1) The amendments made by subsection (a) shall apply to Effective date. services provided on or after the first day of the first month beginning 42 USC 1395x note. after the date of the enactment of this Act. (2) For amendments respecting reimbursement for inappropriate hospital services under medicaid, see section 2173 of this subtitle. LIMITATION ON MEDICARE AND MEDICAID PAYMENTS FOR CERTAIN DRUGS

SEC 2103. (a)(1) Section 1862 of the Social Security Act is amended by inserting after subsection (b) the following new subsection: "(c) No payment may be made under part B for any expenses incurred for— "(1) a drug product— "(A) which is described in section 107(c)(3) of the Drug Amendments of 1962, "(B) which may be dispensed only upon prescription, "(C) for which the Secretary has issued a notice of an opportunity for a hearing under subsection (e) of section 505 of the Federal Food, Drug, and Cosmetic Act on a proposed order of the Secretary to withdraw approval of an application for such drug product under such section because the Secretary has determined that the drug is less than effective for all conditions of use prescribed, recommended, or suggested in its labeling, and "(D) for which the Secretary has not determined there is a compelling justification for its medical need; and "(2) any other drug product— "(A) which is identical, related, or similar (as determined in accordance with section 310.6 of title 21 of the Code of Federal Regulations) to a drug product described in paragraph (1), and "(B) for which the Secretary has not determined there is a compelling justification for its medical need, until such time as the Secretary withdraws such proposed order.". (2) The amendment made by paragraph (1) shall apply with respect to expenses incurred on or after October 1, 1981.

42 USC I395y.

21 USC 321 note.

2i use 355.

Effective date. 42 USC I395y note.

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Page:United States Statutes at Large Volume 95.djvu/814

 95 STAT. 788 42 USC 1396b.

Ante, p. 787. Effective date. 42 USC 1396b note.

PUBLIC LAW 97-35—AUG. 13, 1981 (b)(1) Section 1903(i) of such Act is amended by striking out the period at the end of paragraph (4) and inserting in lieu thereof "; or" and by adding after such paragraph the following new paragraph: "(5) with respect to any amount expended for any drug product for which payment may not be made under part B of title XVIII because of section 1862(c).". (2) The amendment made by paragraph (1) shall apply to amounts expended on or after October 1, 1981. WITHHOLDING OP PAYMENTS FOR CERTAIN MEDICAID PROVIDERS

SEC. 2104. Part C of title XVIII of the Social Security Act is amended by adding after section 1884 (added by section 2101 of this subtitle) the following new section: WITHHOLDING OF PAYMENTS FOR CERTAIN MEDICAID PROVIDERS 42 USC 1395w.

42 USC 1395u.

42 USC 1396.

42 USC 1395i, 1395t.

"SEC. 1885. (a) The Secretary may adjust, in accordance with this section, payments under parts A and B to any institution which has in effect an agreement with the Secretary under section 1866, and any person who has accepted payment on the basis of an assignment under section 1842(b)(3)(B)(ii), where such institution or person— "(1) has (or previously had) in effect an agreement with a State agency to furnish medical care and services under a State plan approved under title XIX, and "(2) from which (or from whom) such State agency (A) has been unable to recover overpayments made under the State plan, or (B) has been unable to collect the information necessary to enable it to determine the amount (if any) of the overpayments made to such institution or person under the State plan. "(b) The Secretary shall by regulation provide procedures for implementation of this section, which procedures shall— "(1) assure that the authority under this section is exercised only on behalf of a State agency which demonstrates to the Secretary's satisfaction that it has provided adequate notice of a determination or of a need for information, and an opportunity to appeal such determination or to provide such information, "(2) determine the amount of the payment to which the institution or person would otherwise be entitled under this title which shall be treated as a setoff against overpayments under ,. title XIX, and "(3) assure the restoration to the institution or person of amounts withheld under this section which are ultimately determined to be in excess of overpayments under title XIX and to which the institution or person would otherwise be entitled under this title. "(c) Notwithstanding any other provision of this Act, from the trust funds established under sections 1817 and 1841, as appropriate, the Secretary shall pay to the appropriate State agency amounts recovered under this section to offset the State agency's overpayment under title XIX. Such payments shall be accounted for by the State agency as recoveries of overpayments under the State plan.".

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Page:United States Statutes at Large Volume 95.djvu/815

 PUBLIC LAW 97-35—AUG. 13, 1981

95 STAT. 789

CHAPTER 2-OTHER ADMINISTRATIVE CHANGES CIVIL MONETARY PENALTIES

SEC. 2105. (a) Part A of title XI of the Social Security Act is amended by inserting after section 1128 the following new section: "CIVIL MONETARY PENALTIES

"SEC. 1128A. (a) Any person (including an organization, agency, or 42 USC other entity) that presents or causes to be presented to an officer, 1320a-7a. employee, or agent of the United States, or of any department or agency thereof, or of any State agency (as defined in subsection (h)(D), a claim (as defined in subsection (h)(2)) that the Secretary determines— "(1) is for a medical or other item or service— "(A) that the person knows or has reason to know was not provided as claimed, or "(B) payment for which may not be made under the program under which such claim was made, pursuant to a determination by the Secretary under section 1128, 1160(b), 94 Stat. 2619. 1862(d), or 1866(b)(2), or "(2) is submitted in violation of an agreement between the 42 USC 1320a-7, 1320C-9, 1395y, person and the United States or a State agency, 1395CC. shall be subject, in addition to any other penalties that may be prescribed by law, to a civil money penalty of not more than $2,000 for each item or service. In addition, such a person shall be subject to an assessment of not more than twice the amount claimed for each such item or service in lieu of damages sustained by the United States or a State agency because of such claim. "(b)(l) The Secretary may initiate a proceeding to determine whether to impose a civil money penalty or assessment under subsection (a) only as authorized by the Attorney General pursuant to procedures agreed upon by them. "(2) The Secretary shall not make a determination adverse to any Notice and person under subsection (a) until the person has been given written hearing. notice and an opportunity for the determination to be made on the record after a hearing at which the person is entitled to be represented by counsel, to present witnesses, and to cross-examine witnesses against the person. "(c) In determining the amount or scope of any penalty or assessment imposed pursuant to subsection (a), the Secretary shall take into account— "(1) the nature of claims and the circumstances under which they were presented, "(2) the degree of culpability, history of prior offenses, and financial condition of the person presenting the claims, and "(3) such other matters as justice may require. "(d) Any person adversely affected by a determination of the Secretary under this section may obtain a review of such determination in the United States Court of Appeals for the circuit in which the person resides, or in which the claim was presented, by filing in such court (within sixty days following the date the person is notified of the Secretary's determination) a written petition requesting that the determination be modified or set aside. A copy of the petition shall be forthwith transmitted by the clerk of the court to the Secretary, and thereupon the Secretary shall file in the Court the record in the proceeding as provided in section 2112 of title 28, United States Code.

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Page:United States Statutes at Large Volume 95.djvu/816

 95 STAT. 790

42 USC 1396.

42 USC 701.

42 USC 13951, ^^^^^-

PUBLIC LAW 97-35—AUG. 13, 1981 Upon such filing, the court shall have jurisdiction of the proceeding and of the question determined therein, and shall have the power to make and enter upon the pleadings, testimony, and proceedings set forth in such record a decree affirming, modifying, remanding for further consideration, or setting aside, in whole or in part, the determination of the Secretary and enforcing the same to the extent that such order is affirmed or modified. No objection that has not been urged before the Secretary shall be considered by the court, unless the failure or neglect to urge such objection shall be excused because of extraordinary circumstances. The findings of the Secretary with respect to questions of fact, if supported by substantial evidence on the record considered as a whole, shall be conclusive. If any party shall apply to the court for leave to adduce additional evidence and shall show to the satisfaction of the court that such additional evidence is material and that there were reasonable grounds for the failure to adduce such evidence in the hearing before the Secretary, the court may order such additional evidence to be taken before the Secretary and to be made a part of the record. The Secretary may modify his findings as to the facts, or make new findings, by reason of additional evidence so taken and filed, and he shall file with the court such modified or new findings, which findings with respect to questions of fact, if supported by substantial evidence on the record considered as a whole, shall be conclusive, and his recommendations, if any, for the modification or setting aside of his original order. Upon the filing of the record with it, the jurisdiction of the court shall be exclusive and its judgment and decree shall be final, except that the same shall be subject to review by the Supreme Court of the United States, as provided in section 1254 of title 28, United States Code. "(e) Civil money penalties and assessments imposed under this section may be compromised by the Secretary and may be recovered in a civil action in the name of the United States brought in United States district court for the district where the claim was presented, or where the claimant resides, as determined by the Secretary. Amounts recovered under this section shall be paid to the Secretary and disposed of as follows: "(I)(A) In the case of amounts recovered arising out of a claim under title XIX, there shall be paid to the State agency an amount equal to the State's share of the amount paid by the State agency for such claim. "(B) In the case of amounts recovered arising out of a claim under an allotment to a State under title V, there shall be paid to the State agency an amount equal to three-sevenths of the amount recovered. "(2) Such portion of the amounts recovered as is determined to have been paid out of the trust funds under sections 1817 and 1841 shall be repaid to such trust funds. "(3) The remainder of the amounts recovered shall be deposited as miscellaneous receipts of the Treasury of the United States. The amount of such penalty or assessment, when finally determined, or the amount agreed upon in compromise, may be deducted from any sum then or later owing by the United States or a State agency to the person against whom the penalty or assessment has been assessed. "(f) A determination by the Secretary to impose a penalty or assessment under subsection (a) shall be final upon the expiration of the sixty-day period referred to in subsection (d). Matters that were raised or that could have been raised in a hearing before the Secretary or in an appeal pursuant to subsection (d) may not be raised

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Page:United States Statutes at Large Volume 95.djvu/817

 PUBLIC LAW 97-35—AUG. 13, 1981 as a defense to a civil action by the United States to collect a penalty or assessment assessed under this section. "(g) Whenever the Secretary's determination to impose a penalty or assessment under subsection (a) becomes final, he shall notify the appropriate State or local medical or professional organization, and the appropriate Professional Standards Review Organization, and the appropriate State or local licensing agency or organization (including the agency specified in section 1864(a) and 1902(a)(33)) that such a penalty or assessment has become final and the reasons therefor. "(h) For the purposes of this subsection: "(1) The term 'State agency' means the agency established or designated to administer or supervise the administration of the State plan under title XIX of this Act or designated to administer the State's program under title V of this Act. "(2) The term 'claim' means an application submitted by— "(A) a provider of services or other person, agency, or organization that furnishes an item or service under title XVIII of this Act, or "(B) a person, agency, or organization that furnishes an item or service for which medical assistance is provided under title XIX of this Act, or "(C) a person, agency, or organization that provides an item or service for which payment is made under title V of this Act or from an allotment to a State under such title, to the United States or a State agency, or agent thereof, for payment for health care services under title XVIII or XIX of this Act or for any item or service under title V of this Act. "(3) The term 'item or service' includes (A) any particular item, device, medical supply, or service claimed to have been provided to a patient and listed in an itemized claim for payment, and (B) in the case of a claim based on costs, any entry in the cost report, books of account or other documents supporting such claim. "(4) The term 'agency of the United States' includes any contractor acting as a fiscal intermediary, carrier, or fiscal agent or any other claims processing agent for a health insurance or medical services program under title XVIII or XIX of this Act.". (b) Section 1128 of such Act is amended— (1) by striking out ", for such period as he may deem appropriate," in subsection (a)(D, (2) by striking out "subsection (a)" in subsection (c) and inserting in lieu thereof "subsection (a) or (b)", (3) by redesignating subsections (b) and (c) as subsections (c) and (d), respectively, and (4) by inserting after subsection (a) the following new subsection: "(b) Whenever the Secretary makes a final determination to impose a civil money penalty or assessment against a person (including an organization, agency, or other entity) under section 1128A relating to a claim under title XVIII or XIX, the Secretary— ' (1) may bar the person from participation in the program under title XVIII, and "(2)(A) shall promptly notify each appropriate State agency administering or supervising the administration of a State plan approved under title XIX of the fact and circumstances of such determination, and (except as provided in subparagraph (B)) may require each such agency to bar the person from participation in the program established by such plan for such period as he shall

9-194 O—82

52:QL3

95 STAT. 791

42 USC 1395aa, 1396a. Definitions. 42 USC 1396. 42 USC 701.

42 USC 1395.

94 Stat. 2619. 42 USC 1320a-7.

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Page:United States Statutes at Large Volume 95.djvu/818

 95 STAT. 792

42 USC 1396a.

PUBLIC LAW 97-35—AUG. 13, 1981 specify, which in the case of an individual shall be the period established pursuant to paragraph (1), and "(B) may waive the requirement of subparagraph (A) to bar a person from participation in such program where he receives and approves a request for such waiver with respect to that person from the State agency referred to in that subparagraph.". (c) Section 1902(a)(39) of such Act is amended by striking out "individual" and inserting in lieu thereof "person" each place it appears. TECHNICAL CORRECTIONS FOR ERRORS MADE BY THE MEDICARE AND MEDICAID AMENDMENTS OF 1980

94 Stat. 2641. 42 USC 1395/. 42 USC 1395x.

42 USC 1395f.

42 USC 1395CC.

42 USC 1395n.

42 USC 1395q. 42 USC 1395p. 42 USC 1396b. Effective date. 42 USC 1395/ note.

SEC. 2106. (a) Section 1833(a)(2) of the Social Security Act (as amended by section 942 of the Medicare and Medicaid Amendments of 1980, P.L. 96-499) is amended by amending subparagraphs (A) and (B) to read as follows: "(A) with respect to home health services and to items and services described in section 1861(s)(10), the lesser of^ "(i) the reasonable cost of such services, as determined under section 1861(v), or "(ii) the customary charges with respect to such services, or, if such services are furnished by a public provider of services free of charge or at nominal charges to the public, the amount determined in accordance with section 1814(b)(2); "(B) with respect to other services (except those described in subparagraph (C) of this paragraph)— "(i) the lesser of— "(I) the reasonable cost of such services, as determined under section 1861(v), or "(II) the customary charges with respect to such services, less the amount a provider may charge as described in clause (ii) of section 1866(a)(2)(A), but in no case may the payment for such other services exceed 80 percent of such reasonable cost, or "(ii) if such services are furnished by a public provider of services free of charge or at nominal charges to the public, 80 percent of the amount determined in accordance with section 1814(b)(2), or "(iii) if (and for so long as) the conditions described in section 1814(b)(3) are met, the amounts determined under the reimbursement system described in such section; and". (b)(1) Section 1835(a)(2) of such Act is amended— (A) by adding "and" at the end of subparagraph (D), and (B) by striking out "; and" at the end of subparagraph (E) and inserting in lieu thereof a period. (2) The paragraph after section 1838(b) of such Act is amended by striking out "and such notice shall not be considered a disenrollment for the purposes of section 1837(b)". (3) Section 1903(n) of such Act is amended by striking out "of this section" after "section 1866". (c) The amendment made by subsection (a) is effective as of December 5, 1980, and the amendment made by subsection (b)(2) is effective as of April 1, 1981.

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