text:
Page:United States Statutes at Large Volume 95.djvu/1616

 95 STAT. 1590

Major weapons systems, contract limitations. Contractor insurance. 10 USC 2304 note. Travel allowances.

Retired or retainer pay, limitations.

10 USC 1201 et seq.

10 USC 1331 et seq. Federal Emergency Management Agency. Alaska and Hawaii, transportation of household goods. Reserve and National Guard technicians.

PUBLIC LAW 97-114—DEC. 29, 1981

the provisions of such a contract may deviate from the cost-sharing arrangements prescribed and the types of health care authorized under sections 1079 and 1086, when the Secretary of Defense determines that such a deviation would serve the purpose of this section. SEC, 769. No part of any appropriation contained in this Act shall be available to initiate multiyear procurement contracts for major weapons systems except as specifically provided herein. SEC. 770. None of the funds appropriated in this or any other Act shall be available for obligation to reimburse a contractor for the cost of commercial insurance that would protect against the costs of the contractor for correction of the contractor's own defects in materials or workmanship. SEC. 771. None of the funds appropriated by this Act which are available for payment of travel allowances for per diem in lieu of subsistence to enlisted personnel shall be used to pay such an allowance to any enlisted member in an amount that is more than the amount of per diem in lieu of subsistence that the enlisted member is otherwise entitled to receive minus the basic allowance for subsistence, or pro rata portion of such allowance, that the enlisted member is entitled to receive during any day, or portion of a day, that the enlisted member is also entitled to be paid a per diem in lieu of subsistence: Provided, That if an enlisted member is in a travel status and is not entitled to receive a per diem in lieu of subsistence because the member is furnished meals in a Government mess, funds available to pay the basic allowance for subsist' ence to such a member shall not be used to pay that allowance, or pro rata portion of that allowance, for each day, or portion of a day, that such enlisted member is furnished meals in a Government mess. SEC. 772. Effective January 1, 1982, none of the funds appropriated by this Act shall be available to pay the retired pay or retainer pay of a member of the Armed Forces for any month who, on or after January 1, 1982, becomes entitled to retired or retainer pay, in an amount that is greater than the amount otherwise determined to be payable after such reductions as may be necessary to reflect adjusting the computation of retired pay or retainer pay that includes credit for a part of a year of service to permit credit for a part of a year of service only for such month or months actually served: Provided, That the foregoing limitation shall not apply to any member who before January 1, 1982: (a) applied for retirement or transfer to the Fleet Reserve or Fleet Marine Corps Reserve; 0)) is being processed for retirement under the provisions of chapter 61 of title 10 or who is on the temporary disability retired list and thereafter retired under the provisions of sections 1210(c) or (d) of title 10; or (c) is retired or in an inactive status and would be eligible for retired pay under the provisions of chapter 67 of title 10, but for the fact that the person is under 60 years of age. SEC. 773. Not to exceed $1,700,000 of the funds available to the Department of Defense for Reserve Personnel shall be available for transfer to appropriations available to the Federal Emergency Management Agency. SEC. 774. None of the funds appropriated by this Act shall be obligated under the competitive rate program of the Department of Defense for the transportation of household goods to or from Alaska and Hawaii. SEC. 775. None of the funds appropriated by this Act for the pay of Reserve and National Guard technicians based upon their employment as technicians and their performance of duty as members of the Reserve components of the Armed Forces shall be available to pay

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Page:United States Statutes at Large Volume 95.djvu/1617

 PUBLIC LAW 97-114—DEC. 29, 1981

95 STAT. 1591

such technicians a combined compensation in excess of the rate payable for level V of the Executive Schedule: Provided, That for purpose of calculating such combined compensation, no military compensation other than basic pay will be included. SEC. 776. None of the funds appropriated by this Act shall be available to approve a request for waiver of the costs otherwise required to be recovered under the provisions of section 21(e)(1)(C) of the Arms Export Control Act unless the Committees on Appropriations have been notified in advance of the proposed waiver. SEC. 777. None of the funds appropriated by this Act shall be available to make any payments authorized under the provisions of subchapter VI of chapter 53 of title 5 to any prevailing rate employee who is transferred or reassigned from a position in Alaska or Hawaii to a position in another wage area outside Alaska or Hawaii on or after April 1, 1982: Provided, That the foregoing limitation shall not apply to a prevailing rate employee who is transferred or reassigned as a result of a reduction in force or a functional or organizational transfer from Alaska or Hawaii: Provided further. That the foregoing limitation shall not apply to a prevailing rate employee whose transfer or reassignment had been approved prior to April 1, 1982, or who had applied for a position in another wage area outside Alaska or Hawaii prior to April 1, 1982, and is accepted for that position. SEC. 778. Funds available to the Department of Defense during the current fiscal year shall be available to establish a program to provide child advocacy and family counseling services to deal with problems of child and spouse abuse. SEC. 779. None of the funds appropriated by this Act shall be available for the transportation of equipment or materiel designated as Prepositioned Materiel Configured in Unit Sets (POMCUS) in Europe in excess of four division sets. SEC. 780. Without regard to any other provision of law limiting the amounts payable to prevailing wage rate employees, during the current fiscal year prevailing wage rate employees employed in the Wichita, Kansas, wage area shall be paid, beginning the first pay period beginning on or after January 1, 1982, the wages determined as a result of the full scale wage survey of that area scheduled to become effective in January 1982. SEC. 781. Appropriations for the Department of Defense shall be available until the end of fiscal year 1983 for lease of no more than six aircraft, in accordance with applicable laws and regulations, for the purpose of providing passenger airlift support to the Department of the Air Force Special Airlift Mission, pending procurement of suitable replacements for the C-140 aircraft. SEC. 782. (a) None of the funds in this Act may be used to transfer any article of military equipment or data related to the manufacture of such equipment to a foreign country prior to the approval in writing of such transfer by the Secretary of the military service involved. (b) No funds appropriated by this Act may be used for the transfer of a technical data package from any Government-owned and operated defense plant to any foreign government, nor for assisting any such government in producing any defense item currently being manufactured or developed in a United States Government-owned, Government-operated defense plant manufacturing large caliber cannons. SEC. 783. None of the funds available in this Act shall be used by the Secretary of a military department to make a contract for the purchase of administrative motor vehicles that are manufactured

-194 0—82

102:QL3

5 USC 5316.

Waivers. 22 USC 2761. Transfer or reassignment from Alaska or Hawaii. 5 USC 5361.

ehild advocacy and family counseling services. POMCUS transportation.

Wichita, Kans., prevailing wage rate.

Transfer of military equipment or data to foreign country.

Administrative motor vehicles, contracts with foreign manufacturers.

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


text:
Page:United States Statutes at Large Volume 95.djvu/1618

 95 STAT. 1592

Intelligence or special activities.

Automobile procurement, requirement.

Executive Schedule employees. Chemical and biological warfare programs.

Disposal of silver. 50 USC 98d note. Ante, p. 357.

PUBLIC LAW 97-114—DEC. 29, 1981

outside the United States or Canada unless the contractor was selected through competitive bidding without a differential in favor of foreign manufacturers: Provided, That this section does not apply to contracts for amounts less than $50,000, nor to existing contracts. SEC. 784. None of the funds appropriated in this Act may be made available through transfer, reprogramming, or other means for any intelligence or special activity different from that previously justified to the Congress unless the Director of Central Intelligence or the Secretary of Defense has notified the House and Senate Appropriations Committees of the intent to make such funds available for such activity. SEC. 785. None of the funds provided in this Act to any department or agency shall be obligated or expended to procure passenger automobiles as defined in 15 U.S.C. 2001 with an EPA estimated miles per gallon average of less than 22 miles per gallon. This section does not apply to security or special mission automobiles. SEC. 786. None of the mnds appropriated by this Act may be used to appoint or compensate more than 35 individuals in the Department of Defense in positions in the Executive Schedule (as provided in sections 5312-5316 of title 5, United States Code). SEC. 787. Congress remains concerned about the rapidly escalating cost of the chemical and biological warfare programs that have not yet been adeauately justified by the Administration. Congress airected the Administration as part of the Conference Report to the fiscal year 1981 supplemental appropriations bill (H. Rept. No. 97-124) to provide studies of: the long-range costs of the modernization program; a country-by-country report from our NATO allies with respect to their official views on that long-range program; an overview of the mission-oriented requirements for the various binary weapons; and an arms control impact study of the mission-oriented requirements. This information has yet to be supplied to Congress. The Congress reaffirms the language of the Supplemental Conference Report as adopted earlier this year by Congress. Funding for binary weapons in this year's appropriation is not production or construction-oriented, but rather limited strictly to research and development. Therefore, these requirements do not apply to funding provided in this Act. The Congress views such requirements with the utmost concern and seriousness, and fully expects them to be fulfilled prior to any future request for production or construction-oriented binary weapons funding. Congress also urges the Administration to resume as rapidly as possible negotiations with the Union of Soviet Socialist Republics to prohibit the development, production and stockpiling of chemical weapons. These negotiations are vital to enhance United States national security and achieve budgetary stability. SEC. 788. After the date of enactment of this Act no sale of silver from the National Defense Stockpile under the authority of Public Law 97-35, or any other Act, shall occur until the President, not later than July 1, 1982, redetermines that the silver authorized for disposal is excess to the requirements of the stockpile, taking into consideration such factors as the President considers relevant, including the following factors: (1) The findings and recommendations of the report by the General Accounting Office on the sale of silver from the National Defense Stockpile to be completed on or before January 1, 1982.

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Page:United States Statutes at Large Volume 95.djvu/1619

 PUBLIC LAW 97-114—DEC. 29, 1981

95 STAT. 1593

(2) The demand for silver to meet defense, essential civilian, basic industrial, and monetary requirements, taking into account the most recent "Defense Guidance" used by the Department of Defense in programming general purpose conventional forces as well as historical monetary uses of silver as a medium of payment to foreign workers and troops during times of national emergency. (3) The projected magnitude of the increase in production as well as the accuracy and reliability of the data used in projecting increases in both domestic and reliable foreign production capacity, taking into account the lead times associated with expanding capacity and obtaining such requirements as the necessary labor, equipment, transportation and energy. (4) The current reliability of supplies from foreign sources and the economic and security implications resulting from our dependence on these sources of supply in times of national emergency taking into account the probability of a supply disruption or sharp price increase and its impact on the United States economy or a national priority such as defense. (5) The need for silver in the stockpile during the next ten year period taking into account long-term supply and demand projections of the Bureau of Mines, United States Department of the Interior. Should the President taking into consideration the factors described above find the silver to be in excess to stockpile needs, he shall report to the Committees on Armed Services of the Senate and House of Representatives that he has made such a determination, and shall include a detailed discussion and analysis of the factors set forth above, and other relevant factors, including alternative methods of disposal for such silver, together with his recommended method of disposal. No action shall be taken to dispose of silver from the National Defense Stockpile, prior to the approval by Congress of the recommended method of disposal. SEC. 789. So far as may be practicable Indian labor shall be employed, and purchases of the products of Indian industry may be made in open market in the discretion of the Secretary of Defense. SEC. 790. Of the funds appropriated by this Act for strategic programs, the Secretary of Defense shall provide funds for the Advanced Technology Bomber program at a level at least equal to the amount provided by the committee of conference on this Act in order to maintain priority emphasis on this program. SEC. 791. It is the sense of the Congress that— (1) A larger and stronger American Navy is needed as an essential ingredient of our Armed Forces, in order to fulfill its basic missions of (A) protecting the sea lanes to preserve the safety of the free world's commerce, (B) assuring continued access to raw materials essential to the well-being of the free world, (C) enhancing our capacity to project effective American forces into regions of the world where the vital interests of the United States must be protected, (D) engaging the Navy of the Soviet Union or any other potential adversary successfully, (E) continuing to serve as a viable leg of our strategic triad, and (F) providing visible evidence of American diplomatic, economic and military commitments throughout the world. (2) In order to conduct the numerous and growing missions of the modern American Navy, a goal of a naval inventory of approximately six hundred active ships of various types by the end of the century at the latest, is highly desirable, the exact

Indian labor and products. Advanced Technology Bomber program. 10 USC 7291 note.

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Page:United States Statutes at Large Volume 95.djvu/1620

 95 STAT. 1594

10 ysc 7291

note.

PUBLIC LAW 97-114—DEC. 29, 1981 figure to be flexible to accommodate new designs as the specific details of our naval missions evolve to meet various contingencies. (3) The Secretary of Defense comply with section 808 of Public Law 94-106, the Department of Defense Appropriation Authorization Act of 1976, in order that the Congress may more properly appropriate the funds necessary to reach a six hundred-ship goal at least by the end of the present century. TITLE VIII RELATED AGENCIES INTELLIGENCE COMMUNITY STAFF

For necessary expenses of the Intelligence Community Staff; $13,063,000. CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM FUND

Short title.

For payment to the Central Intelligence Agency Retirement and Disability System Fund, to maintain proper funding level for continuing the operation of the Central Intelligence Agency Retirement and Disability System; $84,600,000. This Act may be cited as the "Department of Defense Appropriation Act, 1982". Approved December 29, 1981.

LEGISLATIVE HISTORY—H.R. 4995 (S. 1857): HOUSE REPORTS: No. 97-333 (Comm. on Appropriations) and No. 97-410 (Coram, of SENATE REPORT No. 97-273 accompanying S. 1857 (Comm. on Appropriations). CONGRESSIONAL RECORD, Vol. 127 (1981): Nov. 18, considered and passed House. Nov. 30, Dec. 1-4, considered and passed Senate, amended. Dec. 15, House and Senate agreed to conference report. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 17, No. 53 (1981): Dec. 29, Presidential statement.

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Page:United States Statutes at Large Volume 95.djvu/1621

 PUBLIC LAW 97-115—DEC. 29, 1981

95 STAT. 1595

Public Law 97-115 97th Congress An Act To extend and revise the Older Americans Act of 1965, and for other purposes.

Dec. 29, 1981 [S. 1086]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) this Act Older Americans may be cited as the "Older Americans Act Amendments of 1981". ^^ ^ ^ f (b) Except as otherwise specifically provided, whenever in this Act ^g™ '"^^ ° an amendment or repeal is expressed in terms of an amendment to, 42 USC 3001 or repeal of, a section or other provision, the reference shall be note. considered to be made to a section or other provision of the Older Americans Act of 1965. PURPOSE AND ADMINISTRATIVE AMENDMENTS

SEC. 2. (a)(1) Section 101(7) is amended by inserting after "cultural," the following: "education and training". (2) Section 102(1) is amended by striking out "Secretary of Health, Education, and Welfare" and inserting in lieu thereof "Secretary of Health and Human Services". (3)(A) Section 102(3) is amended by inserting "the Commonwealth of the Northern Mariana Islands," after "Samoa,".. (B) Section 102(6) is amended by striking out "The term" and inserting in lieu thereof "Except for the purposes of title VI of this Act, the term". (C) Section 102(7) is amended by striking out "The term" and inserting in lieu thereof "Except for the purposes of title VI of this Act, the term". (b)(1) The heading for section 202 is amended by striking out "ADMINISTRATION" and inserting in lieu thereof "COMMISSIONER". (2) Section 202(a)(l) is amended by striking out "Department of Health, Education, and Welfare" and inserting in lieu thereof "Department of Health and Human Services". (3) Section 202(a)(2) is amended by striking out "serve as a clearinghouse for" and inserting in lieu thereof "collect and disseminate. (4) Section 202(a)(5) is amended by inserting "education and training services (including" after "hospitalization,", by inserting "and" after "training,", and by inserting a closing parenthetical mark after "education". (5) Section 202(a)(8) is amended by inserting before the semicolon at the end thereof the following: ", and take whatever action is necessary to achieve coordination of activities carried out or assisted by all departments, agencies, and instrumentalities of the Federal Government with respect to the collection, preparation, and dissemination of information relevant to older individuals". (6) Section 202(a)(12) is amended by striking out "nonprofit". (7) Section 202(a)(16) is amended by striking out "nonprofit". (c) Section 202(c) is amended by striking out "Action" and inserting in lieu thereof "the ACTION Agency". (d)(1) The last sentence of section 203(a) is amended by striking out "purpose" and inserting in lieu thereof "purposes".

42 USC 3001. 42 USC 3002.

42 USC 3012.

42 USC 3013.

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Page:United States Statutes at Large Volume 95.djvu/1622

 95 STAT. 1596 42 USC 3013.

Repeal 42uic^^^^ 30i5-3020d 42 USC 3015.

42 USC 3016.

42 USC 3017.

42 USC 3020.

42 USC 3020a. 42 USC 3020d.

PUBLIC LAW 97-115—DEC. 29, 1981

(2)(A) Section 203(b) is amended by striking out "purpose" and inserting in lieu thereof purposes". (B)Section 203(b)(l) is amended by striking out "of 1978". (O Section 203(b)(8) is repealed. (D) Clauses (9) and (10) of section 203(b) are redesignated as clauses (8) and (9), respectively. (E) Section 203(b)(8) (as redesignated by subparagraph (D)) is amended by adding after "1965." the following: "title I of the H i ^ e r Education Act of 1965» and the Adult Education Act". (e)(1) Section 204 is repealed. (2) Sections 205 through 214, and all references thereto, are redesignated as sections 204 through 213, respectively. (f)(1) Section 204(c) as so redesignated in subsection (e)(2), is amended by striking out "but not less often than four times a year" and inserting in lieu thereof "at least quarterly". (2) Section 204(d)(5) (as rede^gnated by subsection (e)(2)) is amended by striking out", in consultation with the National Information, and Resource Clearing House for the Aging,". (3)(A) Section 204(g) (as redesignated by subsection (e)(2)) is repealed. (B) Subsection (h) of section 204 (as redesignated by subsection (e)(2)) is redesignated as subsection (g). (4) Section 204(g) (as redesignated by subsection (e)(2) and paragraph (8)(B)) is amended to read as follows: "(g) There are authorized to be appropriated to c any out the provisions of this section $200,000 for fiscal year 1982, $214,000 for £[scalyearl983,and$228,900forfiscalyearl984.". (gxi) Section 205(b) (as redesignated by subsection (e)(2)) is repealed. (2) Subsections (c) and (d) of section 205 (as redesignated by subsection (e)(2)) are redesignated as subsections (b) and (c), respectively, (h) Section 206(b) (as redesignated by subsection (e)(2)) is amended— (1) by striking out "under section 308 or"; and (2) by striking out "section 208" and inserting in lieu thereof "section 207". (i) Section 209(b) (as redesignated in subsection (e)(2)) is amended by striking out "the amendment made by". (|)Section 210(a) (as redesignated by subsection(e)(2))is amended by stnking out", and of title V of the Act of October 15, 1977 (Public Law 95-134; 91 Stat. 1164),". (k) Section 218 (as redesignated by subsection (e)(2)) is amended by striking out "the Economic Opportunity Act of 1964" and inserting in lieu thereof "titles V m and X of the Economic Opportunity Act of 1964 and the Conununity Services Block Grant Act'. SUPPORTIVE SERVICES AND NUTRITION PROGRAMS

42 USC 3021.

SEC.8.(a)Section 301(b)(2)isamended—

(1) by inserting "the Department of Education," after "cooperationof;

42 USC 3022.

(2) by striking out '^he Community Services Administration,"; and (3) by inserting after "Transportation" a comma and the following: "the Omce of Commumty Services". (bxi) Section 302(3) is amended by inserting after "Social Security Act," the last place it appears therein the following: "any category of

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Page:United States Statutes at Large Volume 95.djvu/1623

 PUBLIC LAW 97-115—DEC. 29, 1981

95 STAT. 1597

institutions regulated by a State pursuant to the provisions of section 1616(e) of the Social Security Act (for purposes of section 307(a)(12)),". (2) Section 302 is amended by adding at the end thereof the following new paragraph: "(9) The term 'education and training service' means a supportive service designed to assist older individuals to better cope with their economic, health, and personal needs through services such as consumer education, continuing education, health education, preretirement education, financial planning, and other education and training services which will advance the objectives of this Act.". (c)(1) Section 303(a) is amended by striking out "and", and by inserting after "1981" the following: ", $306,000,000 for fiscal year 1982, $327,400,000 for fiscal year 1983, and $350,300,000 for fiscal year 1984," and by striking out "social services" and inserting in lieu thereof "supportive services and senior centers". (2) Section 303(b)(l) is amended by striking out "and", and by inserting after "1981" the following: ", $319,100,000 for fiscal year 1982, $341,400,000 for fiscal year 1983, and $365,300,000 for fiscal year 1984,". (3) Section 3030i)X2) is amended by striking out "and", and by inserting after "1981" the following: ", $60,000,000 for fiscal year 1982, $64,200,000 for fiscal year 1983, and $68,700,000 for fiscal year 1984,". (d) The Older Americans Act of 1965 is amended by striking out "social services" each place it appears therein and inserting in lieu thereof "supportive services".

"Education and Svke^' 42 USC 3022.

42 USC 3023.

42 USC 3001 et
 * ^9-

ALLOTMENT; FEDERAL SHARE

SEC. 4. (a) Section 304(a)(l) is amended by striking out "From the 42 USC 3024. sums appropriated under parts B and C for fiscal years 1979, 1980, and 1981," and inserting in lieu thereof "From the sums appropriated under parts B and C for each fiscal year,". (b) Section 304(d)(l)(B) is amended by striking out "90 percent in fiscal years 1979 and 1980, and 85 percent in fiscal year 1981, of the cost of social services and nutrition services authorized under parts B and C" and inserting in lieu thereof "85 percent of the cost of supportive services, senior centers, and nutrition services under this title". (c) Section 304(d)(l) is amended— (1) by striking out "and" at the end of clause (A); (2) by redesignating clause (B) as clause (C); and (3) by adding sifter clause (A) the following new clause: "(B) such amount as the State agency determines to be adequate for conducting an effective ombudsman program under section 307(a)(12) shall be available for conducting such program; and". STATE AGENCY RESPONSIBILITIES

SEC. 5. (a) Section 305(a)(l)(E) is amended by striking out "divide the 42 USC 3025. State into distinct areas" and inserting in lieu thereof "divide the State into distinct planning and service areas (or in the case of a State specified in subsection (b)(5), designate the entire State as a single planning and service area)". (b) Section 305(a)(2)(A) is amended by striking out "determine for which planning and service area an area plan will be developed, in accordance with section 306, and for each such area designate," and

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Page:United States Statutes at Large Volume 95.djvu/1624

 95 STAT. 1598

42 USC 3025.

PUBLIC LAW 97-115—DEC. 29, 1981

inserting in lieu thereof "except as provided in subsection (b)(5), designate for each such area". (c) Section 305(b) is amended by adding at the end thereof the following new paragraph: "(5) A State which on or before October 1, 1980, had designated, with the approval of the Commissioner, a single planning and service area covering all of the older individuals in the State, in which the State agency was administering the area plan, may after that date designate one or more additional planning and service areas within the State to be administered by public or private nonprofit agencies or organizations as area £^encies on aging, after considering the factors specified in subsection (a)(l)(E). iTie State agency shall continue to perform the functions of an area agency for any area of the State not included in a planning and service area for which an area agency has been designated.", (d) Section 305(c) is amended— (1) by striking out "or" at the end of clause (3), (2) by inserting "or" at the end of clause (4), and (3) by adding after clause (4) the following new clause: "(5) in the case of a State specified in subsection (b)(5), the State agency;". AREA PLANS

42 USC 3026.

SEC. 6. (a) The first sentence of section 306(a) is amended by striking out "for a 3-year period" and inserting in lieu thereof "for a two-, three-, or four-year period determined by the State agency,". (b) Section 306(a)(2) is amended by striking out "at least 50 percent" and inserting in lieu thereof "em adequate proportion". (c)(1) Section 306(b)(l) is repealed. (2)(A) Paragraph (2) of section 306(b) is redesignated as subsection (b). (B) The first sentence of section 306(b) (as redesignated by subparagraph (A)) is amended by striking out "may" and inserting in lieu thereof "shall". (C) The second sentence of section 306(b) (as redesignated by subparagraph (A)) is repealed. STATE PLANS

42 USC 3027.

42 USC 3030f.

SEC. 7. (a) The first sentence of section 307(a) is amended by striking out "for a 3-year period," and inserting in lieu thereof "for a two-, three-, or four-year period determined by the State agency,". (b) Section 307(a)(13XA) is amended by striking out the comma, and by inserting before the semicolon at the end thereof the following: ", and may be made available to handicapped or disabled individuals who have not attained 60 years of age but who reside in housing facilities occupied primarily by the elderly at which congregate nutrition services are provided". (c) Section 307(a)(13XB) is amended to read as follows: "(B) primary consideration shall be given to the provision of meals in a congregate setting, except that each area agency (i) may award funds made available under this title to organizations for the provision of home delivered meals to older individuals in accordance with the provisions of subpart 2 of part C, based upon a determination of need made by the recipient of a grant or contract entered into under this title, without requiring that such organizations also provide

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Page:United States Statutes at Large Volume 95.djvu/1625

 PUBLIC LAW 97-115—DEC. 29, 1981

95 STAT. 1599

meals to older individuals in a congregate setting; and (ii) shall, in awarding such funds, select such organizations in a manner which complies with the provisions of subparagraph (H);". (d) Section 307(a)(13)(C)(ii) is amended by inserting before the 42 USC 3027. semicolon at the end thereof a comma and the following: "to facilitate access to such meals, and to provide other supportive services directly related to nutrition services". (e) Section 307(a)(13XD) is amended by inserting after the clause designation the following: "in the case of meals served in a congregate setting,", and by striking out "or home delivered meals are furnished to eligible individuals who are homebound". (f) Section 307(a)(13XI) is amended to read as follows: "(I) each area agency shall establish procedures that will allow nutrition project administrators the option to offer a meal, on the same basis as meals are provided to elderly participants, to individuals providing volunteer services during the meal hours;". (g) Section 307(a) is amended— (1) by striking out "and" at the end of paragraph (15) thereof; (2) by redesignating paragraph (16) thereof as paragraph (18); and (3) by inserting after paragraph (15) the following new paragraphs: "(16) provide, with respect to education and training services, assurances that area agencies on aging may enter into grants and contracts with providers of education and training services which can demonstrate the experience or capacity to provide such services (except that such contract authority shall be effective for any fiscal year only to such extent, or in such amounts, as are provided in appropriations Acts); "(17) provide assurances that, if a substantial number of the older individuals residing in any planning and service area in the State are of limited English-speaking ability, then the State will require the area agency on aging for each such planning and service area— "(A) to utilize, in the delivery of outreach services under section 306(a)(2)(A), the services of workers who are fluent in 42 USC 3026. the language spoken by a predominant number of such older individuals who are of limited English-speaking ability; and "(B) to designate an individual employed by the area agency on aging, or available to such area agency on aging on a full-time basis, whose responsibilities will include— "(i) taking such action as may be appropriate to assure that counseling assistance is made available to such older individuals who are of limited English-speaking ability in order to assist such older individuals in participating in programs and receiving assistance under this Act; and "(ii) providing guidance to individuals engaged in the delivery of supportive services under the area plan involved to enable such individuals to be aware of cultural sensitivities and to take into account effectively linguistic and cultural differences.", (h) Section 307(b) is amended by striking out clause (2) and by redesignating clause (3) as clause (2).

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Page:United States Statutes at Large Volume 95.djvu/1626

 95 STAT. 1600

PUBLIC LAW 97-115—DEC. 29, 1981 ADMINISTRATION OF STATE PLANS

42 USC 3028.

Ante, p. 1597. 42 USC 3030d, 3030e. Notification.

SEC. 8. Section 308(b) is amended by adding at the end thereof the following new paragraph: "(6) Notwithstanding any other provisions of this title, with respect to funds received under subsection (a) and subsection (b) of section 303, a State may elect to transfer not more than 20 per centum of the funds appropriated for any fiscal year between programs under part B and part C of this title, for use as the State considers appropriate. The State shall notify the Commissioner of any such election.". AVAILABILITY OF SURPLUS COMMODITIES

42 USC 3030a.

Appropriation authorization.

SEC. 9. (a) The first sentence of section 311(a)(4) is amended— (1) by striking out "In" and inserting in lieu thereof "Subject to the authorization of appropriations specified in subsection (d), in"; and (2) by striking out "during the three succeeding fiscal years" and inserting in lieu thereof "for each fiscal year thereafter". O^XD Subsection O^) of section 311 is repealed. (2) Subsection (c) of section 311 is redesignated as subsection (b). (c) Section 311 (as amended by subsection (b) of this section) is amended by adding at the end thereof the following new subsection: "(d)(1) There are authorized to be appropriated $93,200,000 for fiscal year 1982, $100,000,000 for fiscal year 1983, and $105,000,000 for fiscal year 1984, to carry out the provisions of this section (other than the provisions of subsection (a)(l)) and such additional sums as may be necessary for each such fiscal year to maintain the level of reimbursement for the number of meals served under such provisions in fiscal year 1981. "(2) In any fiscal year in which compliance with subsection (a)(4) of this section costs more than the amounts authorized under paragraph (1) of this subsection for that fiscal year the Secretary of Agriculture shall reduce the cents per meal level determined pursuant to subsection (a)(4) for that fiscal year as necessary to meet the authorization of appropriation for that fiscal year.". SERVICES PROGRAMS

42 USC 3030d.

SEC. 10. (a) Section 321(a)(l) is amended by striking out "continuing education" and inserting in lieu thereof "education and training". (b) Section 321(a)(4) is amended— (1) by inserting "(A)" after "designed"; (2) by striking out "or" and inserting in lieu thereof a semicolon and "(B)"; and (3) by inserting before the semicolon at the end thereof the following: "; or (C) to prevent unlawful entry into residences of elderly individuals, through the installation of security devices and through structural modifications or alterations of such residences'. (c) Section 321 is amended by striking out "or" at the end of clause (11), by redesignating clause (12) as clause (15), and by inserting after clause (11) the following new clauses: "(12) services to encourage the employment of older workers, including job counseling and, where appropriate, job development, referral, and placement; "(13) crime prevention services and victim assistance programs for older individuals;

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Page:United States Statutes at Large Volume 95.djvu/1627

 PUBLIC LAW 97-115—DEC. 29, 1981

95 STAT. 1601

"(14) a program, to be known as 'Senior Opportunities and Services', designed to identify and meet the needs of older, poor individuals 60 years of age or older in one or more of the following areas: (A) development and provision of new volunteer services; (B) effective referral to existing health, employment, housing, legal, consumer, transportation, and other services; (C) stimulation and creation of additional services and programs to remedy gaps and deficiencies in presently existing services and programs; and (D) such other services as the Commissioner may determine are necessary or especially appropriate to meet the needs of the older poor and to assure them greater self-sufficiency; or". (d) The heading for part B of title III is amended to read as follows: "SUPPORTIVE SERVICES AND SENIOR CENTERS".

(e) Section 337 is amended by striking out "National Association of 42 USC 3030g. Title VII Project Directors" and inserting in lieu thereof "National Association of Nutrition and Aging Services Programs". REVISION OF TRAINING, RESEARCH, AND DISCRETIONARY PROJECTS AND PROGRAMS

SEC. 11. (a) Title IV is amended to read as follows: "TITLE IV—TRAINING, RESEARCH, AND DISCRETIONARY PROJECTS AND PROGRAMS "PART A—EDUCATION AND TRAINING "TRAINING AND RECRUITING PERSONNEL FOR THE FIELD OF AGING

"SEC. 411. The Commissioner may make grants to any public or 42 USC 3031. nonprofit private agency, organization, or institution, and may enter into contracts with any agency, organization, or institution, to assist the Commissioner in recruiting persons to enter the field of aging, training volunteers and persons employed in or preparing for employment in the field of aging (including such stipends to persons participating in training programs as the Commissioner may find appropriate), technical assistance, and other activities related to such training. "MULTIDISCIPLINARY CENTERS OF GERONTOLOGY

"SEC. 412. The (Dommissioner may make grants to public and 42 USC 3032. private nonprofit agencies, organizations, and institutions for the purpose of establishing or supporting multidisciplinary centers of gerontology, and gerontology centers of special emphasis. "PART B—RESEARCH, DEMONSTRATIONS, AND OTHER ACTIVITIES "RESEARCH AND DEVELOPMENT PROJECTS

"SEC. 421. The Commissioner may make grants to any public or 42 USC 3035. nonprofit private agency, organization, or institution, and may enter into contracts with any agency, organization, institution, or individual to support research and development related to the purposes of this Act, evaluation of the results of such research and development activities, and collection and dissemination of information concerning research findings, demonstration results, and other materials

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Page:United States Statutes at Large Volume 95.djvu/1628

 95 STAT. 1602

PUBLIC LAW 97-115—DEC. 29, 1981

developed in connection with activities assisted under this title, and conducting of conferences and other meetings for purposes of exchange of information and other activities related to the purposes of this title. "DEMONSTRATION PROJECTS

42 USC 3035a.

"ggc 422. (a) The Commissioner may, after consultation with the State agency in the State involved, make grants to any public agency or nonprofit private organization or enter into contracts with any agency or organization within such State for paying part or all of the cost of developing or operating nationwide, statewide, regional, metropolitan area, county, cify, or community model projects which will demonstrate methods to improve or expand supportive services or nutrition services or otherwise promote the weU-bein^ of older individuals. The Commissioner shall give special consideration to the funding of rural area agencies on aging to conduct model projects devoted to the social needs of the rural elderly Such projects.shall include alternative health care delivery systems, advocacy and outreach programs, and transportation services. "(b) In making grants and contracts under this section, the Commissioner shall give special consideration to projects designed to— "(1) meet the special health care needs of the elderly, including— "(A) the location of older individuals who are in need of mental health services; "(B) the provision of, or arrangement for the provision of, medical differential diagnoses of older individuals to distinguish between their need for mental health services and other medical care; "(C) the specification of the mental health needs of older individuals, and the mental health and support services required to meet such needs; and "(D) the provision of— "(i) the mental health and support services specified in clause (C) in the communities; or "(iij such services for older individuals in nursing homes and intermediate care facilities, and training of the employees of such homes and facilities in the provision of such services; "(2) assist in meeting the special housing needs of older individuals by— "(A) providing financial assistance to such individuals, who own their own homes, necessary to enable them (i) to make the repairs or renovations to their homes, which are necessary for them to meet minimum standards, and (ii) to install securit}^ devices, and to make structural modifications or alterations, designed to prevent unlawful entry; and "(B) studying and demonstrating methods of adapting existing housing, or construction of new housing, to meet the needs of older individuals suffering from physical disabilities; "(3) provide education and training to older individuals designed to enable them to lead more productive lives by broadening the education, occupational, cultural, or social awareness of such older individuals; "(4) provide preretirement education information and relevant services (including the training of personnel to cany out such

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Page:United States Statutes at Large Volume 95.djvu/1629

 PUBLIC LAW 97-115—DEC. 29, 1981

95 STAT. 1603

programs and the conduct of research with respect to the development and operation of such programs) to individuals planning retirement; "(5) meet the special needs of, and improve the delivery of services to, older individuals who are not receiving adequate services under other provisions of this Act, with emphasis on the needs of low-income, minority, Indian, and limited Englishspeaking individuals and the rural elderly; "(6) develop or improve methods of coordinating all available supportive services for the homebound elderly, blind, and disabled by establishing demonstration projects in ten States, in accordance with subsection (c); and "(7) improve transportation systems for the rural elderly. "(c) The Commissioner shall consult with the Commissioner of the Rehabilitation Services Administration, the Commissioner of the Social Security Administration, and the Surgeon General of the Public Health Service, to develop procedures for— "(1) identifying elderly, blind, and disabled individuals who need supportive services; "(2) compiling a list in each community of all services available to the elderly, blind, and disabled; and "(3) establishing an information and referral service within the appropriate community agency to— "(A) inform those in need of the availability of such services; and "(B) coordinate the delivery of such services to the elderly, blind, and disabled. The Commissioner shall establish procedures for administering demonstration projects under subsection (b)(6) not later than 6 months after the effective date of this subsection. The Commissioner shall Report to report to the Congress with respect to the results and findings of the Congress. demonstration projects conducted under this section at the completion of the projects. "SPECIAL PROJECTS IN COMPREHENSIVE LONG-TERM CARE

"SEC. 423. (a)(1) The Commissioner may— "(A) make grants to selected State agencies, designated under section 305(a)(1), and, in consultation with State agencies, selected area agencies on aging designated under section 305(a)(2)(A), institutions of higher education, and other public agencies and nonprofit private organizations; and "(B) enter into contracts with any agency, organization, or institution (except that such contract authority shall be effective for any fiscal year only to such extent, or in such amounts, as are provided in appropriations Acts); to support the development of comprehensive, coordinated systems of community long-term care for older individuals, with special emphasis upon services designed to support alternatives to institutional living and the assessment of need, the development of a plan of care, and the referral of individuals, in the delivery of long-term care services, including noninstitutional and institutional services, where apjpropriate. '(2) A grant under this section may be made to pay part or all of the estimated cost of the program (including startup cost) for a period of not more than 3 years, except that no funds may be used to pay for direct services which are eligible for reimbursement under title XVIII, title XIX, or title XX of the Social Security Act. ^

42 USC 3035b. 42 USC 3025. ^"*«' P-1597.

42 USC 1395, 1396, 1397.

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Page:United States Statutes at Large Volume 95.djvu/1630

 95 STAT. 1604

42 USC 1396. 42 USC 1397.

Evaluations.

Ante, p. 1596.

PUBLIC LAW 97-115—DEC. 29, 1981

"(3) A grant made under this section shall be used for the development of programs which provide a full continuum of services. Such services may include adult day health care; monitoring and evaluation of service effectiveness; supported living in public and private nonprofit housing; family respite services; preventive health services; home health, homemaker, and other rehabilitative and maintenance in-home services; services provided by geriatric health maintenance organizations; and other services which the Commissioner determines are appropriate, and which, at a minimum, provide for identification and assessment of the long-term care needs of older individuals, referral of such individuals to the appropriate services, and follow-up and evaluation of the continued appropriateness of such services with provision for re-referral as appropriate. "(b)(1) In making grants to States under this section, preference shall be given to applicants which demonstrate that— "(A) adequate State standards have been developed to ensure the quality of services provided; "(B) the State has made a commitment to carry out the program assisted under this section with the State agency responsible for the administration of title XIX of the Social Security Act or title XX of the Social Security Act, or both such agencies; "(C) the State will develop plans to finance the comprehensive program assisted under this section; and "(D) the State agency has a plan for statewide or designated regions of the State containing provisions designed to maximize access by older individuals to long-term care services. "(2) In awarding grants to or entering into contracts with agencies and organizations under this section, preference shall be given to applicants that possess the capability to establish community-based long-term care programs and demonstrate that a need exists for the establishment of such programs in the area to be served. "(3) Agencies and organizations assisted under this section shall establish procedures for evaluating the program assisted under this section, with respect to the benefits accruing to persons receiving assistance, the feasibility of the administrative model used for comprehensive coordination of services including coordination with other local programs, and the comparative costs and quality of services provided, and shall submit such evaluation to the Commissioner on a periodic basis. "(c) The Secretary shall involve appropriate Federal departments and agencies in carrying out the provisions of this section in order to assure coordination at the Federal level and to avoid duplication and shall include in the annual report to the Congress required by section 207, a report on the impact of grants made, or contracts entered into, on the experiences of grantees and contractors in meeting the requirements of this section, and on the comparative benefits and costs of projects assisted under this section. "(d) Sums appropriated to carry out this section shall, to the extent feasible, be used to support programs equitably distributed throughout the Nation between urban and rural areas. "SPECIAL DEMONSTRATION PROJECTS ON LEGAL SERVICES FOR OLDER AMERICANS

42 USC 3035c.

"SEC. 424. (a) The Commissioner shall make grants to, and enter into contracts with, public and private nonprofit agencies or organizations in order to—

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Page:United States Statutes at Large Volume 95.djvu/1631

 PUBLIC LAW 97-115—DEC. 29, 1981

95 STAT. 1605

"(1) provide support activities to State and area agencies on aging providing, developing, or supporting legal services to older individuals; and "(2) support demonstration projects to eyoand or improve the deliveix of legal services to older individuals with social or economic need. "(b) Any grants or contracts entered into under subsection (a)(2) shall contain assurances that the requirements of section 307(a)(15) 42 USC 3027. are met. "NATIONAL IMPACT ACTIVITIES

"SEC. 425. The Commissioner may carry out directly or through 42 USC 3035d. grants or contracts— "(1) innovation and development projects and activities of national significance which show promise of having substantial impact on the expansion or improvement of supportive services, nutrition services, or multipunJOse senior centers, or otherwise promoting the well-being of older individuals; and "(2) dissemination of information activities related to such programs. "(b) ^ amount not to exceed 15 percent of any sums appropriated Infra. under section 431 may be used for carrying out tms section. "UTILITY AND HOME HEATING COST DEMONSTRATION PROJECTS

"SEC. 426. The Secretary may, after consultation with the appropri- 42 USC 3035e. ate State agency designated under section 805(a)(l), make grants to 42 USC 3025. pay for part or all of the costs of developing model projects which show promise of relieving older inchviduails of the excessive burdens of high utility service and home heating costs. Any such project shall give special consideration to projects under which a business concern engaged in providing home heating oil or utility services to lowincome older individuals at a cost which is substantially lower than providing home heating oil or utility services to other individuals. "PART CMJENERAL PROVISIONS "AUTHORIZATION OF APPROPRIATIONS

"SEC. 431. (a) There are authorized to be appropriated to carry out 42 USC 3037. the provisions of this title $23,200,000 for fiscal year 1982, $24,800,000 forfiscalyear 1983, and $26,600,000 for fiscal year 1984. Transfer of "(b) No funds appropriated under this title— "(1) may be transferred to any office or other authority of the funds. Federal Government which is not directly responsible to the Commissioner; or "(2) may be used for any program or activity which is not specifically authorized by tms title. 'PAYMENTS OF GRANTS

"SEC. 432. (a) To the extent he deems it appropriate, the Commis- 42 USC 3037a. sioner shall require the recipient of any grant or contract under this title to contribute money, facilities, or services for carrying out the project for which such grant or contract was made. Qo) Payments under this title pursuant to a grant or contract may be made (after necessary adjustment, in the case of grants, on account of previously made overpayments or underpayments) in advance or

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Page:United States Statutes at Large Volume 95.djvu/1632

 95 STAT. 1606

42 USC 3021. Ante, p. 1596. 42 USC 3015.

42 USC 3030.

PUBLIC LAW 97-115—DEC. 29, 1981

by way of reimbursement, and in such installments and on such conditions, as the Commissioner may determine. "(c) The Commissioner shall make no grant or contract under this title in any State which has established or designated a State agency for purposes of title III unless the Commissioner has consulted with such State agency regarding such grant or contract.". (b)(1) Section 204(d)(2) (as redesignated by section 2(e)(2)) is amended by striking out "the appraisal of needs required by section 402" and inserting in lieu thereof "an appraisal of needs pursuant to the functions carried out by the Commissioner under section 411". (2) Section 310 is amended by striking out "section 421" each place it appears therein and inserting in lieu thereof "section 422". COMMUNITY SERVICE EMPLOYMENT FOR OLDER AMERICANS

42 USC 3056.

42 USC 3056e.

42 USC 3056c.

Experimental projects. Agreements.

Post, p. 1607.

Evaluation.

SEC. 12. (a)(1) Section 502(a) is amended by striking out "and who have poor employment prospects". (2) Section 502(b)(1)(E) is amended by striking out "whose opportunities for other suitable public or private paid employment are poor". (3) Section 507(2) is amended by striking out "and who has or would have difficulty in securing employment,". (h)(1) Section 502(c)(1) is amended by striking out "Community Services Administration" and inserting in lieu thereof "Office of Community Services of the Department of Health and Human Services". (2) Section 505(b) is amended by striking out "the Director of the Community Services Administration, the Secretary of Health, Education, and Welfare" and insert in lieu thereof ", the Director of the Office of Community Services, the Secretary of Health and Human Services", (c) Section 502(e) is amended to read as follows: "(e)(1) The Secretary, in addition to any other authority contained in this title, shall conduct experimental projects designed to assure second career training and the placement of eligible individuals in employment opportunities with private business concerns. The Secretary shall enter into such agreements with States, public agencies, nonprofit private organizations and private business concerns as may be necessary to conduct the experimental projects authorized by this subsection. The Secretary, from amounts reserved under section 506(a)(1)(B) in any fiscal year, may pay all of the costs of any agreements entered into under the provisions of this subsection. The Secretary shall, to the extent feasible, assure equitable geographic distribution of projects authorized by this subsection. "(2) Not later than 90 days after the date of enactment of the Older Americans Act Amendments of 1981, the Secretary shall issue criteria designed to assure that agreements entered into under paragraph (1) of this subsection— "(A) will involve different kinds of work modes, such as flextime, job sharing, and other arrangements relating to reduced physical exertion; and "(B) will emphasize projects involving second careers and job placement and give consideration to placement in growth industries and in jobs reflecting new technological skills. "(3)(A) The Secretary shall carry out an evaluation of the second career training and job placement projects authorized by this subsection. "(B) The evaluation shall include but not be limited to the projects described in paragraph (2).

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Page:United States Statutes at Large Volume 95.djvu/1633

 PUBLIC LAW 97-115—DEC. 29, 1981

95 STAT. 1607

"(C) The Secretary shall prepare and submit, not later than one year after the enactment of the Older Americans Act Amendments of 1981, to the Congress an interim report describing the agreements entered into under paragraph (1) and the design for the evaluation required by this paragraph. The Secretary shall prepare and submit to the President and the Congress a final report on the evaluation required by this paragraph not later than February 1, 1984, together with his findings and such recommendations, including recommendations for additional legislation, as the Secretary deems appropriate. "(D) The Secretary shall make the final report submitted under subparagraph (C) available to interested private business concerns. "(4) For the purpose of this subsection, eligible individual' means any individual who is 55 years of age or older and who has an income equal to or less than the intermediate level retired couples budget as determined annually by the Bureau of Labor Statistics.. (d) Section 503(b) is amended by striking out "of 1973" each place it appears therein. (e)(1) Section 506(a)(2) is amended by adding after the first sentence the following: "The Secretary in awarding grants and contracts under such paragraph (1) from such 45 per centum shall, to the extent feasible, assure an equitable distribution of activities under such grants and contracts designed to achieve the allotment among the States described in paragraph (3) of this subsection.". (2) Section 506(a)(l)(B) is amended— (A) by striking out "may" and inserting in lieu thereof "shall"; and (B) by striking out "not to exceed one per centum" and inserting in lieu thereof "which is equal to at least 1 per centum but not more than 3 per centum". (3)(A) Section 506(a)(2) is amended by inserting "to the appropriate public agency of each State" after "allotted". (B) Section 506(a)(3) is amended by striking out "for projects within each State" and inserting in lieu thereof "to State agency on aging of each State", and by inserting "the Commonwealth of the Northern Mariana Islands," after "Samoa," each place it appears therein. (C) Section 506(a)(4)(A) is amended by inserting the Commonwealth of the Northern Mariana Islands, after "Samoa,". (f)(1) Section 507(1) is amended by inserting "the Commonwealth of the Northern Mariana Islands," after "Samoa,". (2) Section 507(3) is amended by inserting "weatherization activities;" after "efforts;". (g) Section 508 is amended to read as follows:

Report to Congress. Report to Prigsident and Congress.

Report, availability. "Eligible individual."

42 USC 3056a. 42 USC 3056d.

42 USC 3056e.

42 USC 3056f.

AUTHORIZATION OF APPROPRIATIONS

"SEC. 508. (a) There is authorized to be appropriated to carry out this title— "(1) $277,100,000 for fiscal year 1982, $296,500,000 for fiscal year 1983, and $317,300,000 for fiscal year 1984; and "(2) such additional sums as may be necessary for each such fiscal year to enable the Secretary, through programs under this title, to provide for at least 54,200 part-time employment positions for eligible individuals. For purposes of paragraph (2), 'part-time employment position' "Part-time employment means an employment position within a workweek of at least 20 position." hours. "(b) Amounts appropriated under this section for any fiscal year shall be used during the annual period which begins on July 1 of the

-194

O—82

103: QL3

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Page:United States Statutes at Large Volume 95.djvu/1634

 95 STAT. 1608

PUBLIC LAW 97-115—DEC. 29, 1981

calendar year immediately following the beginning of such fiscal year and which ends on June 30 of the following calendar year. The Secretary may extend the period during which such amounts may be obligated or expended in the case of a particular organization or agency receiving funds under this title if the Secretary determines that such extension is necessary to ensure the effective use of such funds by such organization or agency. Any such extension shall be for a period of not more than 60 days after the end of such annual period.". INDIAN TRIBES 42 USC 3057b. 42 USC 3057c.

42 USC 3021.

42 USC 3057d.

Appropriation authorization. 42 USC 3057g.

SEC. 13. (a) Section 603 is amended by striking out "Indians who are aged 60 and older" and inserting in lieu thereof "older Indians". 0))(1) Section 604(a)(4) is amended by striking out "that a nonprofit private organization selected by the tribal organization will conduct" and inserting in lieu thereof "for". (2) Section 604(a)(8) is amended by inserting before the semicolon a comma and the following: "except that in any case in which the need for nutritional services for older Indians represented by the tribal organization is already met from other sources, the tribal organization may use the funds otherwise required to be expended under this paragraph for supportive services". (3) Section 604(a)(10) is amended to read as follows: "(10) provide that any legal or ombudsman services made available to older Indians represented by the tribal organization will be substantially in compliance with the provisions of title III relating to the furnishing of similar services; and". (4) Section 604 is amended by striking out subsection (d) thereof, and by redesignating subsection (e) and subsection (f) as subsection (d) and subsection (e), respectively. (c) Section 605 is amended— (1) by striking out the subsection designation "(a)", and (2) by striking out subsection (b). (d) Section 608(a) is amended to read as follows: "(a) There are authorized to be appropriated $6,500,000 for fiscal year 1982, $7,000,000 for fiscal year 1983, and $7,500,000 for fiscal year 1984 to carry out the provisions of this title other than section 606.". TITLE VII PROVIDERS UNDER PART C OF TITLE III

42 USC 3045 note.

42 USC 3045 note.

SEC. 14. (a) Section 501(b) of the Comprehensive Older Americans Act Amendments of 1978 is amended to read as follows: "(b) No contract awarded after September 30, 1982, shall be entered into for the provision of nutrition services unless such contract has been awarded through a competitive process. Whenever there is no evidence of improved quality of service and cost effectiveness on the part of another bidder, a provider of services who received funds under title VII of the Older Americans Act of 1965 as in effect on September 29, 1978, shall be given preference.". AVAILABILITY OF APPROPRIATIONS FOR WHITE HOUSE CONFERENCE

42 USC 3001 note.

SEC. 15. Sums appropriated under section 207 of the 1981 White House Conference on Aging Act for fiscal year 1981 obligation and expenditure shall remain available for the succeeding fiscal year.

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Page:United States Statutes at Large Volume 95.djvu/1635

 PUBLIC LAW 97-115—DEC. 29, 1981

95 STAT. 1609

LOW-INCOME HOME ENERGY ASSISTANCE PROGRAM

SEC. 16. Section 2603(2) of the Omnibus Budget Reconciliation Budget Act of 1981 is amended to read as follows: "(2) the term 'household' means any individual or group of individuals who are living together as one economic unit for whom residential energy is customarily purchased in common or who make undesignated payments for energy in the form of rent;".

"Household." Ante, p. 894.

COMMUNITY SERVICES BLOCK GRANT

SEC. 17. (a)(1) Section 673(1) of the Omnibus Budget Reconciliation "Eligible entity.' Act of 1981 is amended by adding at the end thereof the following new Ante, p. 511. sentence: "The term 'eligible entity' includes any limited purpose agency designated under title II of the Economic Opportunty Act of 1964 for fiscal year 1981 which served the general purposes of a community action agency under title II of such Act, unless such designated agency lost its designation under title II of such Act as a result of a failure to comply with the provisions of such Act, and any grantee which received financial assistance under section 221 or section 222(a)(4) of the Economic Opportunity Act of 1964 in fiscal year 1981.". (2) Section 675(c) of such Act is amended by adding at the end Ante, p. 513. thereof the following new sentences: "The Secretary shall provide to the chief executive officer of each State appropriate information regarding designated limited purpose agencies and grantees which meet the requirements of the second sentence of section 673(1). No eligible entity which receives funds for a project or activity under clause (2)(A)(i) of this subsection may receive funds otherwise available under this subtitle for that project or activity.". Qo) Section 675(c)(2)(A)(ii) of the Omnibus Budget Reconciliation Act of 1981 is amended by inserting a comma after "directly". (c) Section 682(b)(4) of the Omnibus Budget Reconciliation Act of 1981 is amended by inserting before the period at the end thereof the ^"-te, p. 518. following: ", to migrant and seasonal farm worker organizations, or to both such entities and such organizations".

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Page:United States Statutes at Large Volume 95.djvu/1636

 95 STAT. 1610

PUBLIC LAW 97-115—DEC. 29, 1981 AMENDMENT TO HIGHER EDUCATION ACT OF 1965

20 USC 1087-2.

SEC. 18. Section 439(1) of the Higher Education Act of 1965 is amended by adding at the end thereof the following new sentence: "The priority established in favor of the United States by section 3466 of the Revised Statutes (31 U.S.C. 191) shall not establish a priority over the indebtedness of the Association issued or incurred on or before September 30, 1982.". Approved December 29, 1981.

LEGISLATIVE HISTORY—S. 1086 (H.R. 3046): HOUSE REPORTS: No. 97-70 accompanying H.R. 3046 (Comm. on Education and Labor) and No. 97-386 (Comm. of Conference). SENATE REPORT No. 97-159 (Comm. on Labor and Human Resources). CONGRESSIONAL RECORD, Vol. 127 (1981): Nov. 2, considered and passed Senate. Nov. 20, H.R. 3046 considered and passed House; proceedings vacated and S. 1086, amended, passed in lieu. Dec. 11, Senate agreed to conference report. Dec. 16, House agreed to conference report.

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Page:United States Statutes at Large Volume 95.djvu/1637

 PUBLIC LAW 97-116—DEC. 29, 1981

95 STAT. 1611

Public Law 97-116 97th Congress An Act To amend the Immigration and Nationality Act, and for other purposes.

^'—! [H.R. 4327]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) this Act immigration and may be cited as the "Immigration and Nationality Act Amendments Amendments of of 1981". 1981. (b) Except as specifically provided in this Act, whenever in this Act 8 USC 1101 note. an amendment or repeal is expressed as an amendment to, or repeal of, a provision, the reference shall be deemed tti be made to the Immigration and Nationality Act. SEC. 2. (a) Subsection (a)(15) of section 101 (8 U.S.C. 1101) is amended— (1) by striking out "institution of learning or other recognized place of study" in subparagraph (F) and inserting in lieu thereof college, university, seminary, conservatory, academic high school, elementary school, or other academic institution or in a language training program"; and (2) by adding after subparagraph (L) the following new subparagraph: "(M)(i) an alien having a residence in a foreign country which he has no intention of abandoning who seeks to enter the United States temporarily and solely for the purpose of pursuing a full course of study at an established vocational or other recognized nonacademic institution (other than in a language training program) in the United States particularly designated by him and approved by the Attorney General, after consultation with the Secretary of Education, which institution shall have agreed to report to the Attorney Gteneral the termination of attendance of each nonimmigrant nonacademic student and if any such institution faUs to make reports promptly the approval shall be withdrawn, and (ii) the alien spouse and minor children of any such alien if accompanying him or following to join him.". (b) Subsection (b) of such section is amended by striking out "fourteen" in subparagraphs (E) and (F) and inserting in lieu thereof "sixteen". (c) Subsection (f) of such section is amended— (1) by striking out paragraph (2); and (2) by striking out "paragraphs (9), (10), and (23) of section 212(a)" in paragraph (3) and inserting in lieu thereof "paragraphs (9) and (10) of section 212(a) and paragraph (23) of such section (except as such paragraph relates to a single offense of simple possession of 30 grams or less of marihuana). SEC. 3. Section 204 (8 U.S.C. 1154) is amended by striking out subsection (d) and by redesignating subsection (e) as subsection (d) and the subsection (f), which was renumbered by section 3 of Public Law 95-417, as subsection (e). 92 Stat. 917. SEC. 4. Section 212 (8 U.S.C. 1182) is amended—

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204. We did not suppose that peace was at hand, being ignorant of the negotiations. We were anxious to take part in the Porto Rico campaign, and would have been more than willing to suffer any amount of sickness, if by so doing we could get into action. But if we were not to take part in the Porto Rico campaign, then we knew it was absolutely indispensable to get our commands north immediately, if they were to be in trim for the great campaign against Havana, which would surely be the main event of the winter if peace were not declared in advance.

Our army included the great majority of the regulars, and was, therefore, the flower of the American force. It was on every account imperative to keep it in good trim; and to keep it in Santiago meant its entirely purposeless destruction. As soon as the surrender was an accomplished fact, the taking away of the army to the north should have begun.

Every officer, from the highest to the lowest, especially among the regulars, realized all of this, and about the last day of July, General Shafter called a conference, in the palace, of all the division and brigade commanders. By this time, owing to Wood's having been made Governor-General, I was in command of my brigade, so I went to the conference too, riding in with Generals Sumner and


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Page:United States Statutes at Large Volume 95.djvu/1638

 95 STAT. 1612

PUBLIC LAW 97-116—DEC. 29, 1981

(1) by inserting "and who seek admission within five years of the date of such deportation or removal," in subsection (a)(17) after "section 242(bV'; (2) by striking out the second sentence of paragraph (6) of subsection (d); and (3) by striking out "paragraphs (9), (10), or (12) of this section" in suteection (h) and inserting in heu thereof "paragraphs (9), (10), or (12) of subsection (a) or paragraph (23) of such subsection ' as such paragraph relates to a single offense of simple possession of 30 grams or less of marihuana". SEC. 5. (a)(l) Section 212 (8 U.S.C. 1182) is amended by striking out the semicolon at the end of paragraph (32) of subsection (a) and inserting in lieu thereof a period and the following: "For the purposes of this paragraph, an alien who is a graduate of a medical school shall be considered to have passed parts I and II of the National Board of Medical Examiners examination if the alien was fully and permanently licensed to practice medicine in a State on January 9, 1978, and was practicing medicine in a State on that date;". (2) Subsection (j)(l)(B) of such section is amended by striking out the semicolon at the end thereof and inserting in lieu thereof a period and the following: "For the purposes of this subparagraph, an alien who is a graduate of a medical school shall be considered to have passed parts I and n of the National Board of Medical Examiners examination if the alien was fully and permanently licensed to practice medicine in a State on January 9, 1978, and was practicing medicine in a State on that date.". 8 USC 1182 note. (3) Section 602 of the Health Professions Educational Assistance Act of 1976 (Public Law 94-484), added by section 307(q)(3) of Public 8 V^c i^oS^'\^^^ Law 95-83, is amended by striking out subsections (a) and (b). 8 USC 1182' (1) by inserting "as follows" after "education or training are" in paragraph (1) in the matter before subparagraph (A); (2) by striking out "(including any extension of the duration thereof under subparagraph (D)) in pare^aph (I)(C); (3) by striking out 'xlommissioner of Education" and "Secretary of Health, Education, and Welfare" each place it appears and inserting in lieu thereof "Secretary of Education' and "Secretary of Health and Human Services, respectively; (4) by striking out the semicolon at the end of subparagraph (A) and "; and" at the end of subparagraph (C) and inserting in lieu thereof a period in each case; Medical (5) by amending subparagraph (D) of paragraph (1) to read as education.
 * ) Subsection 0') of section 212 is amended—

follows:

"(D) The duration of the alien's participation in the program of graduate medical education or training for which the alien is coming to the United States is limited to the time typically required to complete such program, as determined by the Director of the International Communication Agency at the time of the alien's entry into the United States, based on criteria which are established in coordination with the Secretary of Health and Human Services and which take into consideration the published requirements of the medical specialty board which administers such education or training program; except that— "(i) such duration is further limited to seven years unless the alien has demonstrated to the satisfaction of the Director that the country to which the alien will return at the end of such specialty education or training has an exceptional need for an individual trained in such specialty, and

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Page:United States Statutes at Large Volume 95.djvu/1639

 PUBLIC LAW 97-116—DEC. 29, 1981

95 STAT. 1613

"(ii) the alien may, once and not later than two years after the date the alien enters the United States as an exchange visitor or acquires exchange visitor status, change the alien's designated program of graduate medical education or training u the Director approves the change and if a commitment and written assurance with respect to the alien's new program have been provided in accordance with subparagraph (C)."; (6) by inserting after subparagraph (D) the following new subparagraph: "(E) The alien furnishes the Attorney General each year with an affidavit (in such form as the Attorney General shall prescribe) that attests that the alien (i) is in good standing in the program of graduate medical education or training in which the alien is participating, and (ii) will return to the country of his nationality or last residence upon completion of the education or training for which he came to the United States."; (7)(A) by striking out "(ii)" in paragraph dXB) and inserting in lieu thereof "(iiXIT; (B) by inserting, in paragraph (I)(B), "(II)" before "has competency", "(HI)" before ^*will be able to adapt", and "(IV)" before "has adequate prior education"; (C) by striking out "December 31, 1981" in paragraph (2)(A) and inserting in lieu thereof "December 31, 1983: (D) by stnking out "and (B) of paragraph (1) in paragraph , (2)(A) and inserting in lieu thereof "and (B)(iiXD of paragraph (1)"; (E) by inserting after "if' in paragraph (2)(A) the following: "(i) the Secretary of Health and Humaui Services determines, on a case-by-case oasis, that"; (F) by striking out the period at the end of paragraph (2)(A) and inserting in lieu thereof the following: ", and (ii) the program has a comprehensive plan to reduce reliance on alien physicians, which plan the Secretary of Health and Human Services finds, in accordance with criteria published by the Secretary, to be satisfactory and to include the following: "(I) A detidled discussion of specific problems that the program ,, anticipates without such waiver and of the alternative resources and methods (including use of physician extenders and other paraprofessionals) that have been considered and have been and will be applied to reduce such disruption in the delivery of health services. "(II) A detailed description of those changes of the program (including improvement of educational and medical services training) which have been considered and which have been or will be applied which would make the program more attractive to graduates of medical schools who are citizens of the United States. "(Ill) A detailed description of the recruiting efforts which have been and will be undertaken to attract graduates of medical schools who are citizens of the United States. "(IV) A detailed description and analysis of how the program, on a year-by-year basis, has phased down and will phase down its dependence upon aliens who are graduates of foreign medical schools so that the program will not be dependent upon the admission to the program of any additional such aliens after December 31, 1983."; and (G) by inserting at the end of paragraph (2)(B) the following:

Affidavit.

Plan to reduce reliance on alien physicians.

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Page:United States Statutes at Large Volume 95.djvu/1640

 95 STAT. 1614 Waivers.

PUBLIC LAW 97-116—DEC. 29, 1981

"The Secretary of Health and Human Services, in coordination with the Attorney General and the Director of the International Communication Agency, shall (i) monitor the issuance of waivers under subparagraph (A) and the needs of the communities (with respect to which such waivers are issued) to assure that quality medical care is provided, and (ii) review each program with such a waiver to assure that the plan described in subparagraph (A)(ii) is being carried out and that participants in such program are being provided appropriate supervision in their medical education and training. Report to "(C) The Secretary of Health and Human Services, in coordination Congress. with the Attorney General and the Director of the International Communication Agency, shall report to the Congress at the beginning of fiscal years 1982 and 1983 on the distribution (by geography, nationality, and medical specialty or field of practice) of foreign medical graduates in the United States who have received a waiver under subparagraph (A), including an analysis of the dependence of the various communities on aliens who are in medical education or training programs in the various medical specialties."; and Report to (8) by adding at the end the following new paragraph:Congress. "(3) The Director of the International Communication Agency annually shall transmit to the Congress a report on aliens who have submitted affidavits described in paragraph (I)(E), and shall include in such report the name and address of each such alien, the medical education or training program in which such alien is participating, and the status of such alien in that program.". 8 USC 1182 note. (c) The amendments made by paragraphs (2), (5), and (6) of subsection (b) shall apply to aliens entering the United States as exchange visitors (or otherwise acquiring exchange visitor status) on or after January 10, 1978. (d)(1) Section 101(a)(27) (8 U.S.C. 1101(a)(27)) is amended by striking out "or" at the end of subparagraph (F), by striking out the period at the end of subparagraph (G) and inserting in lieu thereof "; or", and by adding after subparagraph (G) the following new subparagraph: "(H) an immigrant, and his accompanying spouse and children, who— "(i) has graduated from a medical school or has qualified to practice medicine in a foreign state, "(ii) was fully and permanently licensed to practice medicine in a State on January 9, 1978, and was practicing medicine in a State on that date, "(iii) entered the United States as a nonimmigrant under subsection (a)(lSXH) or (a)(15)(J) before January 10, 1978, and "(iv) has been continuously present in the United States in the practice or study of medicine since the date of such entry.". (2) Section 245(c)(2) (8 U.S.C. 1255(c)(2)) is amended by inserting "or a special immigrant described in section 101(a)(27XH)" after "an immediate relative as defined in section 201(b)". Report to (e) The Secretary of Health and Human Services, after consultation Congress. 8 USC 1101 note. with the Attorney General, the Secretary of State, and the Director of the International Communication Agency, shall evaluate the effectiveness and value to foreign nations and to the United States of exchange programs for the graduate medical education or training of aliens who are graduates of foreign medical schools, and shall report to Congress, not later than January 15, 1983, on such evaluation and include in such report such recommendations for changes in legislation and regulations as may be appropriate.

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Page:United States Statutes at Large Volume 95.djvu/1641

 PUBLIC LAW 97-116—DEC. 29, 1981

95 STAT. 1615

SEC. 6. Section 223(b) (8 U.S.C. 1203(b)) is amended by striking out "one year from the date of issuance: Provided, That the Attorney General may in his discretion extend the validity of the permit for a period or periods not exceeding one year in the aggregate" and inserting in lieu thereof "two years from the date of issuance and shall not be renewable" SEC. 7. (a) Subsection (a) of section 237 (8 U.S.C. 1227) is amended to Deportation read as follows: "(a)(1) Any alien (other than an alien crewman) arriving in the United States who is excluded under this Act, shall be immediatelv deported, in accommodations of the same class in which he arrived, unless the Attorney General, in an individual case, in his discretion, concludes that immediate deportation is not practicable or proper. Deportation shall be to the country in which the alien boarded the vessel or aircraft on which he arrived in the United States, unless the alien boarded such vessel or aircraft in foreign territory contiguous to the United States or in any island acUacent thereto or adjacent to the United States and the alien is not a native, citizen, subject, or national of, or does not have a residence in, such foreign contiguous territory or adjacent island, in which case the deportation shall instead be to the country in which is located the port at which the alien embarked for such foreign contiguous territory or adjacent island. The cost of the maintenance including detention expenses and Detention expenses incident to detention of any such alien while he is being expenses. detained shall be borne by the owner or owners of the vessel or aircraft on which he arrived, except that the cost of maintenance (including detention expenses and expenses incident to detention while the alien is being detained prior to the time he is offered for depNortation to the transportation line which brought him to the United States) shall not be ass^sed against the owner or owners of such vessel or aircraft if (A) the alien was in possession of a valid, unexpired immigrant visa, or (B) the alien (other than an alien crewman) was in possession of a valid, unexpired nonimmigrant visa or other document authorizing such alien to apply for temporary admission to the United States or an unexpired reentry permit issued to him, and (i) such application was made within one hundred and twenty days of the date of issuance of the visa or other document, or in the case of an alien in possession of a reentry permit, within one hundred and twenty days of the date on which the alien was last examined and admitted by the Service, or (ii) in the event the application was made later than one hundred and twenty days of the date of issuance of the visa or other document or such examination and admission, if the owner or owners of such vessel or aircraft established to the satisfaction of the Attorney General that the ground of exclusion could not have been ascertained by the exercise of due diligence prior to the alien's embarkation, or (C) the person claimed United States nationality or citizenship and was in possession of an unexpired United States passport issued to him by competent authority. "(2) If the government of the country designated in paragraph (1) will not accept the alien into its territory, the alien's deportation shall be directed by the Attorney General, in his discretion and without necessarily giving any priority or preference because of their order as herein set forth, either to— "(A) the country of which the alien is a subject, citizen, or national; "(B) the country in which he was born; "(C) the country in which he has a residence; or

Nonacceptance of deported aliens.

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Page:United States Statutes at Large Volume 95.djvu/1642

 95 STAT. 1616

Transportation expense.

Deportation.

8 USC 1182. Waiver of deportation.

PUBLIC LAW 97-116—DEC. 29, 1981

"(D) any country which is willing to accept the alien into its territory, if deportation to any of the foregoing countries is impracticable, inadvisable, or impossible.". (b) Subsection (b) of such section is amended— (1) by striking out "to the country whence he came" in clause (3) and inserting in lieu thereof "to the country to which his deportation has been directed"; and (2) by striking out "collector of customs" each place it appears and inserting in lieu thereof "district director of customs". (c) Subsection (c) of such section is amended to read as follows: "(c) An alien shall be deported on a vessel or aircraft owned by the same person who owns the vessel or aircraft on which the alien arrived in the United States, unless it is impracticable to so deport the alien within a reasonable time. The transportation expense of the alien's deportation shall be borne by the owner or owners of the vessel or aircraft on which the alien arrived. If the deportation is effected on a vessel or aircraft not owned by such owner or owners, the transportation expense of the alien's deportation may be paid from the appropriation for the enforcement of this Act and recovered by civil suit from any owner, agent, or consignee of the vessel or aircraft on which the alien arrived.". SEC. 8. Section 241(f) (8 U.S.C. 1251(f)) is amended to read as follows: "(f)(l)(A) The provisions of this section relating to the deportation of aliens within the United States on the ground that they were excludable at the time of entry as aliens who have sought to procure or have procured visas or other documentation, or entry into the United States, by fraud or misrepresentation, whether willful or innocent, may, in the discretion of the Attorney General, be waived for any alien (other than an alien described in subsection (a)(19)) who— "(i) is the spouse, parent, or child of a citizen of the United States or of an alien lawfully admitted to the United States for permanent residence; and "(ii) was in possession of an immigrant visa or equivalent document and was otherwise admissible to the United States at the time of such entry except for those grounds of inadmissibility specified under paragraphs (14), (20), and (21) of section 212(a) which were a direct result of that fraud or misrepresentation. "(B) A waiver of deportation for fraud or misrepresentation granted under subparagraph (A) shall also operate to waive deportation based on the grounds of inadmissibility at entry described under subparagraph (A)(ii) directly resulting from such fraud or misrepresentation. "(2) The provisions of subsection (a)(ll) as relate to a single offense of simple possession of 30 grams or less of marihuana may, in the discretion of the Attorney General, be waived for any alien (other than an alien described in subsection (a)(19)) who— "(A) is the spouse or child of a citizen of the United States or of an alien lawfully admitted for permanent residence, or "(B) has a child who is a citizen of the United States or an alien lawfully admitted for permanent residence, if it is established to the satisfaction of the Attorney General that the alien's deportation would result in extreme hardship to the United States citizen or lawfully resident spouse, parent, or child of such alien and that such waiver would not be contrary to the national welfare, safety, or security of the United States.". SEC. 9., Subsection if) of section 244 (8 U.S.C. 1254) is amended to read as follows:

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Page:United States Statutes at Large Volume 95.djvu/1643

 PUBLIC LAW 97-116—DEC. 29, 1981

95 STAT. 1617

"(f) The provisions of subsection (a) shall not apply to an alien who— "(1) entered the United States as a crewman subsequent to June 30, 1964; "(2) was admitted to the United States as a nonimmigrant exchange alien as defined in section 101(a)(15XJ), or has acquired the status of such a nonimmigrant exchange alien after admission, in order to receive graduate medical education or training, regardless of whether or not the alien is subject to or has fulfilled the two-year foreign residence recjuirement of section 212(e); or "(3)(A) was admitted to the United States as a nonimmigrant exchange alien as defined in section 101(a)(15XJ) or has acquired the status of such a nonimmigrant exchange alien after admission other than to receive graduate medical education or training, (B) is subject to the two-year foreign residence requirement of section 212(e), and (C) has not fulfilled that requirement or received a waiver thereof.". SEC. 10. Section 248 (8 U.S.C. 1258) is amended by striking out "except" and all that follows through the end and inserting in lieu thereof the following: "except in the case of— "(1) an alien classified as a nonimmigrant under subparagraph (C), (D), or (K) of section 101(a)(15), "(2) an alien classified as a nonimmigrant under subparagraph (J) of section 101(a)(15) who came to the United States or acquired such classification in order to receive graduate medical education or training, and "(3) an alien (other than an alien described in paragraph (2)) classified as a nonimmigrant under subparagraph (J) of section 101(a)(15) who is subject to the two-year foreign residence requirement of section 212(e) and has not received a waiver thereof, unless such alien applies to have the alien's classification changed from classification under subparagraph (J) of section 101(a)(15) to a classification under subparagraph (A) or (G) of such section " SEC. 11. Section'265 (8 U.S.C. 1305) is amended to read as follows: "SEC. 265. (a) Each alien required to be registered under this title who is within the United States shall notify the Attorney General in writing of each change of address and new address within ten days from the date of such change and furnish with such notice such additional information as the Attorney General may require by regulation. (b) The Attorney General may in his discretion, upon ten days notice, require the natives of any one or more foreign states, or any class or group thereof, who are within the United States and who are required to be registered under this title, to notify the Attorney General of their current addresses and furnish such additional information as the Attorney General may require. "(c) In the case of an alien for whom a parent or legal guardian is required to apply for registration, the notice required by this section shall be given to such parent or legal guardian.". SEC. 12. Subsection (b) of section 274 (8 U.S.C. 1324) is amended to read as follows: "(b)(1) Any conveyance, including any vessel, vehicle, or aircraft, which is used in the commission of a violation of subsection (a) shall be subject to seizure and forfeiture, except that— "(A) no conveyance used by any person as a common carrier in the transaction of business as a common carrier shall be forfeited under the provisions of this section unless it shall appear that the

8 USC 1101.

8 USC 1182.

Nonimmigrant classification.

Alien registration and address changes.

eonveyances used in customs laws violation.

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Page:United States Statutes at Large Volume 95.djvu/1644

 95 STAT. 1618

PUBLIC LAW 9 7 - 1 1 6 - D E C. 29, 1981

owner or other person in charge of such conveyance was a consenting party or privy to the illegal act; and "(B) no conveyance shall be forfeited under the provisions of this section by reason of any act or omission established by the owner thereof to have been committed or omitted by any person other than such owner while such conveyance was unlawfully in the possession of a person other than the owner in violation of the criminal laws of the United States or of any State. "(2) Any conveyance subject to seizure under this section may be seized without warrant if there is probable cause to believe the conveyance has been used in a violation of subsection (a) and circumstances exist where a warrant is not constitutionally required. "(3) All provisions of law relating to the seizure, summary and judicial forfeiture, and condemnation of property for the violation of the customs laws; the disposition of such property or the proceeds from the sale thereof; the remission or mitigation of such forfeitures; and the compromise of claims and the award of compensation to informers in respect of such forfeitures shall apply to seizures and forfeitures incurred, or alleged to have been incurred, under the provisions of this section, insofar as applicable and not inconsistent with the provisions hereof, except that duties imposed on customs officers or other persons regarding the seizure and forfeiture of conveyances under the customs laws shall be performed with respect to seizures and forfeitures carried out under the provisions of this section by such officers or persons authorized for that purpose by the Attorney General. "(4) Whenever a conveyance is forfeited under this section the Attorney General may— "(A) retain the conveyance for official use; "(B) sell the conveyance, in which case the proceeds from any such sale shall be used to pay all proper expenses of the proceedings for forfeiture and sale including expenses of seizure, maintenance of custody, advertising, and court costs; or "(C) require that the General Services Administration take custody of the conveyance and remove it for disposition in accordance with law. "(5) In all suits or actions brought for the forfeiture of any conveyance seized under this section, where the conveyance is claimed by any person, the burden of proof shall lie upon such claimant: Provided, That probable cause shall be first shown for the institution of such suit or action. In determining whether probable cause exists, any of the following shall be prima facie evidence that an alien involved in the alleged violation was not lawfully entitled to enter, or reside within, the United States: "(A) Records of any judicial or administrative proceeding in which that alien's status was an issue and in which it was determined that the alien was not lawfully entitled to enter, or reside within, the United States. "(B) Official records of the Service showing that the alien was not lawfully entitled to enter, or reside within, the United States. "(C) Testimony, by an immigration officer having personal knowledge of the facts concerning that alien's status, that the alien was not entitled to enter, or reside within, the United States.". SEC. 13. Section 286 (8 U.S.C. 1356) is amended— (1) by redesignating subsection (b) as subsection (c) and by inserting "and subsection (b)" in that subsection after "Except as otherwise provided in subsection (a)", and

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Page:United States Statutes at Large Volume 95.djvu/1645

 PUBLIC LAW 97-116—DEC. 29, 1981

95 STAT. 1619

(2) by inserting after subsection (a) the following new subsection: "(b) Moneys expended from appropriations for the Service for the purchase of evidence and subsequently recovered shall be reimbursed to the current appropriation for the Service/'. SEC. 14. Section 316(b) (8 U.S.C. 1427(b)) is amended by adding at the end the following: "The spouse and dependent unmarried sons €md daiuhters who are memoers of the household of a person who quujfies for the benefits of this subsection shall also be entitled to such benefits during the period for which they were residing abroad as dependent members of the household of the person.". SEC. 15. (a) Section 329(b) (8 U.S.C. 1440(b)) is amended by inserting "and" at the end of paragraph (3), by striking out"; and" at the end of paragraph (4) and inserting in lieu thereof a period, and by striking out paragraph (5). (b) Section 334(a) (8 U.S.C. 1445(a)) is amended by striking out "and duly verified by two witnesses,". (c) Section 335 (8 U.S.C. 1446) is amended— (1) by striking out "and the oaths of petitioner's witnesses to the petition for naturalization" in the second sentence of subsection (b); (2) by striking out subsections (f), (g), and (h); and (3) by redesignating subsection (i) as subsection (f). (d) Section 336 (8 U.S.C. 1447) is amended— (1) by striking out "and the witnesses" each place it appears in subsections (a) and (b); (2) by striking out subsection (c); (3) by redesignating subsection (d) as subsection (c); (4) by redesignating subsection (e) as subsection (d) and striking out the last sentence thereof; and (5) by redesignating subsection (f) as subsection (e). (e) Section 328(b)(2) (8 U.S.C. 1439(b)(2)) is amended by striking out "and section 336(c)" and "and the witnesses". Sec. 16. Section 344(c) (8 U.S.C. 1455(c)) is amended by striking out "$6,000" each place it appears and inserting in lieu thereof "$40,000". SEC. 17. Section 13(b) of the Act of September 11, 1957 (71 Stat. 642: 8 U.S.C. 1255b(b)), is amended by inserting after "Attorney General*' the first place it appears the following: that the alien has shown compelling reasons demonstrating both that the alien is unable to return to the country represented by the government which accredited the alien or the member of the alien's immediate family and that adjustment of the alien's status to that of an alien lawfully admitted forpermanent residence would be in the national interest,. SEC. 18. (a) Section 101 (8 U.S.C. 1101) is amended— (1) by striking out "Office of Education of the United States" in subsection (a)(15XF) and inserting in lieu thereof "Secretary of Education"; (2) by striking out the period at the end of each of subparagraphs (H), (J), and (K) of subsection (a)(15) and inserting in lieu thereof a semicolon; (3) by striking out the period at the end of subparagraph (L) of subsection (aK15) and inserting in lieu thereof "; or"; (4) by striking out the second sentence of subsection (a)(33); and (5)(A) by striking out "or" at the end of subparagraphs (A) and (B) of subsection (b)(D, (B) by striking out the period at the end of subparagraph (C) of such subsection and inserting in lieu thereof a semicolon, and

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