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Page:United States Statutes at Large Volume 95.djvu/609

 PUBLIC LAW 97-35—AUG. 13, 1981

95 STAT. 583

"USES OF GRANTS FOR DEMONSTRATION PROJECTS FOR SERVICES

"SEC. 2004. (a) Except as provided in subsection (h), funds provided 42 USC 300z-3. for demonstration projects for services under this title may be used by grantees only to— "(1) provide to eligible persons— "(A) care services; "(B) prevention services; or "(C) care and prevention services (in the case of a grantee who is providing a combination of care and prevention services); "(2) coordinate, integrate, and provide linkages among providers of care, prevention, and other services for eligible persons in furtherance of the purposes of this title; "(3) provide supplemental services where such services are not adequate or not available to eligible persons in the community and which are essential to the care of pregnant adolescents and to the prevention of adolescent premarital sexual relations and adolescent pregnancy; "(4) plan for the administration and coordination of pregnancy prevention services and programs of care for pregnant adolescents and adolescent parents which will further the objectives of this title; and "(5) fulfill assurances required for grant approval by section 2006. "(b)(1) No funds provided for a demonstration project for services under this title may be used for the provision of fgimily planning services (other than counseling and referral services) to adolescents unless appropriate family planning services are not otherwise available in the community. "(2) Any grantee who receives funds for a demonstration project for services under this title and who, after determining under paragraph (1) that appropriate family planning services are not otherwise available in the community, provides family planning services (other than counseling and referral services) to adolescents may only use funds provided under this title for such family planning services if all funds received by such grantee from all other sources to support such family planning services are insufficient to support such family planning services. "(c) Grantees who receive funds for a demonstration project for services under this title shall charge fees for services pursuant to a fee schedule approved by the Secretary as a part of the application described in section 2006 which bases fees charged by the grantee on the income of the eligible person or the parents or legal guardians of the eligible person and takes into account the difficulty adolescents face in obtaining resources to pay for services. A grantee who receives funds for a demonstration project for services under this title may not, in any case, discriminate with regard to the provision of services to any individual because of that individual's inability to provide payment for such services, except that in determining the ability of an unemancipated minor to provide payment for services, the income of the family of an unemancipated minor shall be considered in determining the ability of such minor to make such payments unless the parents or guardians of the unemancipated minor refuse to make such payments.

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Page:United States Statutes at Large Volume 95.djvu/610

 95 STAT. 584

PUBLIC LAW 97-35—AUG. 13, 1981 "PRIORITIES, AMOUNTS, AND DURATION OF GRANTS FOR DEMONSTRATION PROJECTS FOR SERVICES

42 USC 300Z-4.

"SEC. 2005. (a) In approving applications for grants for demonstration projects for services under this title, the Secretary shall give priority to applicants who— (1) serve an area where there is a high incidence of adolescent pregnancy; "(2) serve an area with a high proportion of low-income families and where the availability of programs of care for pregnant adolescents and adolescent parents is low; "(3) show evidence— "(A) in the case of an applicant who will provide care services, of having the ability to bring together a wide range of needed core services and, as appropriate, supplemental services in comprehensive single-site projects, or to establish a well-integrated network of such services (appropriate for the target population and geographic area to be served including the special needs of rural areas) for pregnant adolescents or adolescent parents; or "(B) in the case of an applicant who will provide prevention services, of having the ability to provide prevention services for adolescents and their families which are appropriate for the target population and the geographic area to be served, including the special needs of rural areas; "(4) will utilize to the maximum extent feasible existing available programs and facilities such as neighborhood and primary health care centers, maternity homes which provide or can be equipped to provide services to pregnant adolescents, agencies serving families, youth, and children with established programs of service to pregnant adolescents and vulnerable families, licensed adoption agencies, children and youth centers, maternal and infant health centers, regional rural health facilities, school and other educational programs, mental health programs, nutrition programs, recreation programs, and other ongoing pregnancy prevention services and programs of care for pregnant adolescents and adolescent parents; "(5) make use, to the maximum extent feasible, of other Federal, State, and local funds, programs, contributions, and other third-party reimbursements; "(6) can demonstrate a community commitment to the program by making available to the demonstration project nonFederal funds, personnel, and facilities; "(7) have involved the community to be served, including public and private agencies, adolescents, and families, in the planning and implementation of the demonstration project; and "(8) will demonstrate innovative and effective approaches in addressing the problems of adolescent premarital sexual relations, pregnancy, or parenthood, including approaches to provide pregnant adolescents with adequate information about adoption. "(b)(1) The amount of a grant for a demonstration project for services under this title shall be determined by the Secretary, based on factors such as the incidence of adolescent pregnancy in the geographic area to be served, and the adequacy of pregnancy prevention services and programs of care for pregnant adolescents and adolescent parents in such area. "(2) In making grants for demonstration projects for services under this title, the Secretary shall consider the special needs of rural areas

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


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Page:United States Statutes at Large Volume 95.djvu/611

 PUBLIC LAW 97-35—AUG. 13, 1981

95 STAT. 585

and, to the maximum extent practicable, shall distribute funds taking into consideration the relative number of adolescents in such areas in need of such services. "(c)(1) A grantee may not receive funds for a demonstration project for services under this title for a period in excess of 5 years. "(2)(A) Subject to paragraph (3), a grant for a demonstration project for services under this title may not exceed— "(i) 70 per centum of the costs of the project for the first and second years of the project; "(ii) 60 per centum of such costs for the third year of the project; "(iii) 50 per centum of such costs for the fourth year of the project; and "(iv) 40 per centum of such costs for the fifth year of the project. "(B) Non-Federal contributions required by subparagraph (A) may be in cash or in kind, fairly evaluated, including plant, equipment, or services. "(3) The Secretary may waive the limitation specified in paragraph (2)(A) for any year in accordance with criteria established by regulation. "REQUIREMENTS FOR APPLICATIONS

"SEC. 2006. (a) An application for a grant for a demonstration 42 USC 300z-5. project for services under this title shall be in such form and contain such information as the Secretary may require, and shall include— "(1) an identification of the incidence of adolescent pregnancy and related problems; "(2) a description of the economic conditions and income levels in the geographic area to be served; "(3) a description of existing pregnancy prevention services and programs of care for pregnant adolescents and adolescent parents (including adoption services), and including where, how, by whom, and to which population groups such services are provided, and the extent to which they are coordinated in the geographic area to be served; "(4) a description of the major unmet needs for services for adolescents at risk of initial or recurrent pregnancies and an estimate of the number of adolescents not being served in the area; "(5)(A) in the case of an applicant who will provide care services, a description of how all core services will be provided in the demonstration project using funds under this title or will otherwise be provided by the grantee in the area to be served, the population to which such services will be provided, how such services will be coordinated, integrated, and linked with other related programs and services and the source or sources of funding of such core services in the public and private sectors; or "(B) in the case of an applicant who will provide prevention services, a description of the necessary services to be provided and how the applicant will provide such services; "(6) a description of the manner in which adolescents needing services other than the services provided directly by the applicant will be identified and how access and appropriate referral to such other services (such as medicaid; licensed adoption agencies; maternity home services; public assistance; employment services; child care services for adolescent parents; and other city, county, and State programs related to adolescent pregnancy) will

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Page:United States Statutes at Large Volume 95.djvu/612

 95 STAT. 586

42 USC 1396.

42 USC 701.

94 Stat. 516 94 st^? 50i" 42 USC 670. 42 USC 1397.

PUBLIC LAW 97-35-AUG. 13, 1981 be provided, including a description of a plan to coordinate such other services with the services supported under this title; "(7) a description of the applicants capacity to continue services as Federal funds decrease and in the absence of Federal assistance; "(8) a description of the results expected from the provision of services, and the procedures to be used for evaluating those results; "(9) a summary of the views of public agencies, providers of services, and the general public in the geographic area to be served, concerning the proposed use of funds provided for a demonstration project for services under this title and a description of procedures used to obtain those views, and, in the case of applicants who propose to coordinate services administered by a State, the written comments of the appropriate State officials responsible for such services; (10) assurances that the applicant will have an ongoing quality assurance program; "(11) assurances that, where appropriate, the applicant shall have a system for maintaining the confidentiality of patient records in accordance with regulations promulgated by the Secretary; "(12) assurances that the applicant will demonstrate its financial responsibility by the use of such accounting procedures and other requirements as may be prescribed by the Secretary; "(13) assurances that the applicant (A) has or will have a contractual or other arrangement with the agency of the State (in which the applicant provides services) that administers or supervises the administration of a State plan approved under title XIX of the Social Security Act for the payment of all or a part of the applicant's costs in providing health services to persons who are eligible for medical assistance under such a State plan, or (B) has made or will make every reasonable effort to enter into such an arrangement; "(14) assurances that the applicant has made or will make and will continue to make every reasonable effort to collect appropriate reimbursement for its costs in providing health services to persons who are entitled to benefits under title V of the Social Security Act, to medical assistance under a State plan approved under title XIX of such Act, or to assistance for medical expenses under any other public assistance program or private health insurance program; "(15) assurances that the applicant has or will make and will continue to make every reasonable effort to collect appropriate reimbursement for its costs in providing services to persons entitled to services under parts B and E of title IV and title XX of the Social Security Act; "(16)(A) a description of— "^^^ *^® schedule of fees to be used in the provision of services, which shall comply with section 2004(c) and which shall be designed to cover all reasonable direct and indirect costs incurred by the applicant in providing services; and "(ii) a corresponding schedule of discounts to be applied to the payment of such fees, which shall comply with section 2004(c) and which shall be adjusted on the basis of the ability of the eligible person to pay; "(B) assurances that the applicant has made and will continue to make every reasonable effort—

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Page:United States Statutes at Large Volume 95.djvu/613

 PUBLIC LAW 97-35—AUG. 13, 1981

95 STAT. 587

"(i) to secure from eligible persons payment for services in accordance with such schedules; "(ii) to collect reimbursement for health or other services provided to persons who are entitled to have payment made on their behalf for such services under any Federal or other government program or private insurance program; and "(iii) to seek such reimbursement on the basis of the full amount of fees for services without application of any discount; and to the Secretary such reports as the Secretary may require to determine compliance with this paragraph; "(17) assurances that the applicant will make maximum use of funds available under title X of this Act; 42 USC 300. "(18) assurances that the acceptance by any individual of family planning services or family planning information (including educational materials) provided through financial assistance under this title shall be voluntary and shall not be a prerequisite to eligibility for or receipt of any other service furnished by the applicant; "(19) assurances that fees collected by the applicant for services rendered in accordance with this title shall be used by the applicant to further the purposes of this title; "(20) assurances that the applicant, if providing both prevention and care services will not exclude or discriminate against any adolescent who receives prevention services and subsequently requires care services as a pregnant adolescent; "(21) a description of how the applicant will, as appropriate in the provision of services— "(A) involve families of adolescents in a manner which will maximize the role of the family in the solution of problems relating to the parenthood or pregnancy of the adolescent; "(B) involve religious and charitable organizations, voluntary associations, and other groups in the private sector as well as services provided by publicly sponsored initiatives; "(22)(A) assurances that— "(i) except as provided in subparagraph (B) and subject to clause (ii), the applicant will notify the parents or guardians of any unemancipated minor requesting services from the applicant and, except as provided in subparagraph (C), will obtain the permission of such parents or guardians with respect to the provision of such services; and "(ii) in the case of a pregnant unemancipated minor requesting services from the applicant, the applicant will notify the parents or guardians of such minor under clause (i) within a reasonable period of time; "(B) assurances that the applicant will not notify or request the permission of the parents or guardian of any unemancipated minor without the consent of the minor— "(i) who solely is requesting from the applicant pregnancy testing or testing or treatment for venereal disease; "(ii) who is the victim of incest involving a parent; or "(iii) if an adult sibling of the minor or an adult aunt, uncle, or grandparent who is related to the minor by blood certifies to the grantee that notification of the parents or guardians of such minor would result in physical injury to such minor; and
 * (C) assurances that the applicant has submitted or will submit

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Page:United States Statutes at Large Volume 95.djvu/614

 95 STAT. 588

PUBLIC LAW 97-35-AUG. 13, 1981 "(C) assurances that the applicant will not require, with respect to the provision of services, the permission of the parents or guardians of any pregnant unemancipated minor if such parents or guardians are attempting to compel such minor to have an abortion; "(23) assurances that primary emphasis for services supported under this title shall be given to adolescents seventeen and under who are not able to obtain needed assistance through other means; "(24) assurances that funds received under this title shall supplement and not supplant funds received from any other Federal, State, or local program or any private sources of funds; and "(25) a plan for the conduct of, and assurances that the applicant will conduct, evaluations of the effectiveness of the services supported under this title in accordance with subsection (b). "(b)(1) Each grantee which receives funds for a demonstration project for services under this title shall expend at least 1 per centum but not in excess of 5 per centum of the amounts received under this title for the conduct of evaluations of the services supported under this title. The Secretary may, for a particular grantee upon good cause shown, waive the provisions of the preceding sentence with respect to the amounts to be expended on evaluations, but may not waive the requirement that such evaluations be conducted. "(2) Evaluations required by paragraph (1) shall be conducted by an organization or entity which is independent of the grantee providing services supported under this title. To assist in conducting the evaluations required by paragraph (1), each grsmtee shall develop a working relationship with a college or university located in the grantee's State which will provide or assist in providing monitoring and evaluation of services supported under this title unless no college or university in the grantee s State is willing or has the capacity to provide or assist in providing such monitoring and assistance. "(3) The Secretary may provide technical assistance with respect to the conduct of evaluations required under this subsection to any grantee which is unable to develop a working relationship with a college or university in the applicant's State for the reasons described in paragraph (2). "(c) Each grantee which receives funds for a demonstration project for services under this title shall make such reports concerning its use of Federal funds as the Secretary may require. Reports shall include, at such times as are considered appropriate by the Secretary, the results of the evaluations of the services supported under this title. "(d)(1) A grantee shall periodically notify the Secretary of the exact number of instances in which a grantee does not notify the parents or guardians of a pregnant unemancipated minor under subsection (a)(22)(B)(iii). "(2) For purposes of subsection (a)(22)(B)(iii), the term "adult" means an adult as defined by State law. "(e) Each applicant shall provide the Governor of the State in which the applicant is located a copy of each application submitted to the Secretary for a grant for a demonstration project for services under this title. The Governor shall submit to the applicant comments on any such application within the period of sixty days beginning on the day when the Governor receives such copy. The

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Page:United States Statutes at Large Volume 95.djvu/615

 PUBLIC LAW 97-35—AUG. 13, 1981

95 STAT. 589

applicant shall include the comments of the Governor with such application. "(f) No application submitted for a grant for a demonstration project for care services under this title may be approved unless the Secretary is satisfied that core services shall be available through the applicant within a reasonable time after such grant is received. "COORDINATION OF FEDERAL AND STATE PROGRAMS

"SEC. 2007. (a) The Secretary shall coordinate Federal policies and 42 USC 300z-6. programs providing services relating to the prevention of adolescent sexual relations and initial and recurrent adolescent pregnancies and providing care services for pregnant adolescents. In achieving such coordination, the Secretary shall— "(1) require grantees who receive funds for demonstration projects for services under this title to report periodically to the Secretary concerning Federal, State, and local policies and programs that interfere with the delivery of and coordination of pregnancy prevention services and other programs of care for pregnant adolescents and adolescent parente; "(2) provide technical assistance to facilitate coordination by State and local recipients of Federal assistance; "(3) review all programs administered by the Department of Health and Human Services which provide prevention services or care services to determine if the policies of such programs are consistent with the policies of this title, consult with other departments and agencies of the Federal Government who administer programs that provide such services, and encourage such other departments and agencies to make recommendations, as appropriate, for legislation to modify such programs in order to facilitate the use of all Government programs which provide such services as a basis for delivery of more comprehensive prevention services and more comprehensive programs of care for pregnant adolescents and adolescent parents; "(4) gpLve priority in the provision of funds, where appropriate, to applicants using single or coordinated grant applications for multiple programs; and "(5) give priority, where appropriate, to the provision of funds under Federal programs administered by the Secretary (other than the program established by this title) to projects providing comprehensive prevention services and comprehensive programs of care for pregnant adolescents and adolescent parents. "(b) Any recipient of a grant for a demonstration project for services under this title shall coordinate its activities with any other recipient of such a grant which is located in the same locality. "RESEARCH

"SEC. 2008. (a)(1) The Secretary may make grants and enter into 42 USC 300z-7. contracts with public agencies or private organizations or institutions of higher education to support the research and dissemination activities described in paragraphs (4), (5), and (6) of section 2001(b). "(2) The Secretary may make grants or enter into contracts under this section for a period of one year. A grant or contract under this section for a project may be renewed for four additional one-year periods, which need not be consecutive. "(3) A grant or contract for any one-year period under this section may not exceed $100,000 for the direct costs of conducting research or

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Page:United States Statutes at Large Volume 95.djvu/616

 95 STAT. 590

PUBLIC LAW 97-35—AUG. 13, 1981 disemination activities under this section and may include such additional amounts for the indirect costs of conducting such activities as the Secretary determines appropriate. The Secretary may waive the preceding sentence with respect to a specific project if he determines that— "(A) exceptional circumstances warrant such waiver and that the project will have national impact; or "(B) additional amounts are necessary for the direct costs of conducting limited demonstration projects for the provision of necessary services in order to provide data for research carried out under this title. "(4) The amount of any grant or contract made under this section may remain available for obligation or expenditure after the close of the one-year period for which such grant or contract is made in order to assist the recipient in preparing the report required by subsection (f)(1). "(b)(1) Funds provided for research under this section may be used for descriptive or explanatory surveys, longitudinal studies, or limited demonstration projects for services that are for the purpose of increasing knowledge and understanding of the matters described in paragraphs (4) and (5) of section 2001(b). "(2) Funds provided under this section may not be used for the purchase or improvement of land, or the purchase, construction, or permanent improvement (other than minor remodeling) of any building or facility. (c) The Secretary may not make any grant or enter into any contract to support research or dissemination activities under this section unless— "(1) the Secretary has received an application for such grant or contract which is in such form and which contains such information as the Secretary may by regulation require; "(2) the applicant has demonstrated that the applicant is capable of conducting one or more of the types of research or dissemination activities described in paragraph (4), (5), or (6) of section 2001(b); and "(3) in the case of an application for a research project, the panel established by subsection (e)(2) has determined that the project is of scientific merit. "(d) The Secretary shall, where appropriate, coordinate research and dissemination activities carried out under this section with research and dissemination activities carried out by the National Institutes of Health. "(e)(1) The Secretary shall establish a system for the review of applications for grants and contracts under this section. Such system shall be substantially similar to the system for scientific peer review of the National Institutes of Health and shall meet the requirements of paragraphs (2) and (3). (2) In establishing the system required by paragraph (1), the Secretary shall establish a panel to review applications under this section. Not more than 25 per centum of the members of the panel shall be physicians. The panel shall meet as often as may be necessary to facilitate the expeditious review of applications under this section, but not less than once each year. The panel shall review each project for which an application is made under this section, evaluate the scientific merit of the project, determine whether the roject is of scientific merit, and make recommendations to the ecretary concerning whether the application for the project should be approved.

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Page:United States Statutes at Large Volume 95.djvu/617

 PUBLIC LAW 97-35—AUG. 13, 1981

95 STAT. 591

"(3) The Secretary shall make grants under this section from among the projects which the panel established by paragraph (2) has determined to be of scientific merit and may only approve an application for a project if the panel has made such determination with respect to such a project. The Secretary shall make a determination with respect to an application within one month after receiving the determinations and recommendations of such panel with respect to the application. "(fKlXA) The recipient of a grant or contract for a research project under this section shall prepare and transmit to the Secretary a report describing the results and conclusions of such research. Except as provided in subparagraph (B), such report shall be transmitted to the Secretary not later than eighteen months after the end of the year for which funds are provided under this section. The recipient may utilize reprints of articles published or accepted for publication in professional journals to supplement or replace such report if the research contained in such articles was supported under this section during the year for which the report is required. "(B) In the case of any research project for which assistance is provided under this section for two or more consecutive one-year periods, the recipient of such assistance shall prepare and transmit the report required by subparagraph (A) to the Secretary not later than twelve months after the end of each one-year period for which such funding is provided. "(2) Recipiente of grsints and contracts for dissemination under this section shall submit to the Secretary such reports as the Secretary determines appropriate. "(g) In carr3ring out functions relating to the conduct and support of research under this section, the Secretary shall not be subject to the provisions of chapter 35 of title 44, United States Code, except with 94 Stat 2812. 44 respect to the collection of survey data which primarily will be used seq.u s e 3501 et for the generation of national population estimates. EVALUATION AND ADMINISTRATION

"SEC. 2009. (a) Of the funds appropriated under this title, the Secretary shall reserve not less than 1 per centum and not more than 3 per centum for the evaluation of activities carried out under this title. The Secretary shall submit to the appropriate committees of the Congress a summary of each evaluation conducted under this section, "(b) The officer or emplovee of the Department of Health and Human Services designated by the Secretary to carry out the provisions of this title shall report directly to the Assistant Secretary for Health with respect to the activities of such officer or employee in carrying out such provisions.

42 USC 300z-8. Submittal to congressional committees.

"AUTHORIZATION OF APPROPRIATIONS

"SEC. 2010. (a) For the purpose of carrying out this title, there are 42 USC 300z-9. authorized to be appropriated $30,000,000 for the fiscal year ending September 30, 1982, $30,000,000 for the fiscal year ending September 30, 1983, and $30,000,000 for the fiscal year ending September 30, 1984. "(b) At least two-thirds of the amounts appropriated to carry out this title shall be used to make grants for demonstration projects for services. "(c) Not more than one-third of the amounts specified under subsection (b) for use for grants for demonstration projects for

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Page:United States Statutes at Large Volume 95.djvu/618

 95 STAT. 592

PUBLIC LAW 97-35—AUG. 13, 1981 services shall be used for grants for demonstration projects for prevention services. "RESTRICTIONS

42 USC 300Z-10.

"SEC. 2011. (a) Grants or p a r e n t s may be made only to programs or projects which do not provide abortions or abortion counseling or referral, or which do not subcontract with or make any payment to any person who provides abortions or abortion counseling or referral, except that any such program or project may provide referral for abortion counseling to a pregnant adolescent if such adolescent and the parents or guardians of such adolescent request such referral; and grants may be made only to projects or programs which do not advocate, promote, or encourage abortion. "(b) The Secretary shall ascertain whether programs or projects comply with subsection (a) and take appropriate action if programs or projects do not comply with such subsection, including withholding of funds.". Repeals (b) Effective October 1, 1981, titles VI, VII, and VIII of the Health 42 USC 300a-4i Services and Centers Amendments of 1978 are repealed. 42 USC 300a-2l'

i^ote.

Subtitle H—Alcohol and Drug Programs CHAPTER 1—ALCOHOL ABUSE AND ALCOHOLISM PREVENTION, TREATMENT, AND REHABILITATION REFERENCE

42 USC 4541

SEC. 960. Except as otherwise specifically provided, whenever in this subtitle an amendment or repeal is expressed in terms of an amendment to, or a repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Comprehensive Alcohol Abuse and Alcoholism Prevention. Treatment, and Rehabilitation Act of 1970.

note. ALCOHOL ABUSE AND ALCOHOLISM AMONG GOVERNMENT AND OTHER EMPLOYEES

42 USC 4561.

SEC. 961. Section 201(b)(2)(B) is amended by striking out "single State agencies designated pursuant to section 303 of this Act" and inserting in lieu thereof the State agencies responsible for the administration of alcohol abuse prevention, treatment, and rehabilitation activities". TECHNICAL ASSISTANCE

42 USC 4571.

SEC. 962. (a) Section 301 is amended to read as follows: "TECHNICAL ASSISTANCE

42 USC 4581.

"SEC. 301. (a) On the request of any State, the Secretary, acting through the Institute, shall, to the extent feasible, make available technical assistance for— "(1) developing and improving systems for data collection; "(2) program management, accountability, and evaluation; "(3) cert^cation, accreditation, or licensure of treatment facilities and personnel; "(4) monitoring compliance by hospitals and other facilities with the requirements of section 321; and

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Page:United States Statutes at Large Volume 95.djvu/619

 PUBLIC LAW 97-35—AUG. 13, 1981

95 STAT. 593

"(5) eliminating exclusions in health insurance coverage offered in the State which are based on alcoholism or alcohol abuse. "(b) Insofar as practicable, technical assistance provided under this section shall be provided in a manner which will improve coordination between activities supported under this Act and under the Drug Abuse Prevention, Treatment, and Rehabilitation Act.". 21 USC 1101 (b) Sections 302,303, and 310 are repealed. Sep^eais. GRANTS AND CONTRACTS

42 USC 4572, 4573, 4576.

SEC. 963. (a) The section heading for section 311 is amended to read 42 USC 4577. as follows: "GRANTS AND CONTRACTS FOR THE DEMONSTRATION OF NEW AND MORE EFFECTIVE ALCOHOL ABUSE AND ALCOHOLISM PREVENTION, TREATMENT, AND REHABIUTATION PROGRAMS".

(b) Section 311(a) is amended— (1) by adding at the end of clause (1) "and with particular emphasis on developing new and more effective alcohol abuse and alcoholism prevention, treatment, and rehabilitation programs,"; (2) by inserting "and" after the comma the last place it appears in clause (2); (3) by striking out clauses (3) and (5) and by redesignating clause (4) as clause (3); and (4) by striking out the comma and "and" at the end of clause (3) (as redesignated by clause (2) of this subsection) and inserting in lieu thereof a period. (c)(1) Section 311(c)(2)(A) is amended— (A) by striking out "designated under section 303 of this Act, if such designation has been made" in the first sentence and inserting in lieu thereof "responsible for the administration of alcohol abuse and alcoholism prevention, treatment, and rehabilitation activities"; (B) by striking out "the" before "State comprehensive plan" in the third sentence and inserting in lieu thereof "any"; and (C) by striking out "under section 303" in the third sentence. (2) Section 311(c)(3) is amended— (A) by inserting "and" after the semicolon in clause (B); (B) by striking out the semicolon and "and" at the end of clause (C) and inserting in lieu thereof a period; and (C) by striking out clause (D). (3) Section 311(c)(4) is amended to read as follows: "(4) The Secretary shall encourage the submission of and give special consideration to applications under this section for programs and projects aimed at underserved populations such as racial and ethnic minorities. Native Americans, youth, the elderly, women, handicapped individuals, public inebriates, and families of alcoholics.". (4) Section 311(c) is further amended— (A) by redesignating paragraph (5) as paragraph (6); (B) by inserting after paragraph (4) the following new paragraph: "(5)(A) No grant may be made under this section to a State or to any entity within the government of a State unless the grant application has been duly authorized by the chief executive officer of such State.

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Page:United States Statutes at Large Volume 95.djvu/620

 95 STAT. 594

PUBLIC LAW 97-35—AUG. 13, 1981

"(B) No grant or contract may be made under this section for a period in excess of five years. "(C)(i) The amount of any grant or contract under this section may not exceed 100 per centum of the cost of carrying out the grant or contract in the first fiscal year for which the grant or contract is made under this section, 80 per centum of such cost in the second fiscal year for which the grsuit or contract is made under this section, 70 per centum of such cost in the third fiscal year for which the grant or contract is made under this section, and 60 per centum of such cost in each of the fourth and fifth fiscal years for which the grant or contract is made under this section. "(ii) For purposes of this subparagraph, no grant or contract shall be considered to have been made under this section for a fiscal year ending before September 30, 1981."; and (C) by adding at the end thereof the following new paragraph: "(7) Nothing shall prevent the use of funds provided under this section for programs and projects aimed at the prevention, treatment, or rehabilitation of drug abuse as well as alcohol abuse and alcoholism.". AUTHORIZATION OF APPROPRIATIONS; PROJECT GRANTS AND CONTRACTS

42 USC 4578.

SEC. 964. (a) The first sentence of section 312 is amended— (A) by striking out "sections 310 and 311" and inserting in lieu thereof "section 311"; and (B) by striking out "and" after "1980," and by inserting before the period a comma and "and $15,000,000 for the fiscal year ending September 30, 1982". Ob) The second sentence of such section is amended by striking out "and" after the semicolon the first place it appears and by inserting before the period a semicolon and "and of the funds appropriated under this section for the fiscal year ending September 30, 1982, at least 25 per centum of the funds shall be obligated for such grants". ALCOHOL ABUSE RESEARCH AND RESEARCH CENTERS

42 USC 4588.

42 USC 4587.

42 USC 4587,

SEC. 965. (a) Section 503 (42 U.S.C. 4587) is amended— (A) by inserting "(a)" after "503.", (B) by striking out "the purposes of sections 501 and 502" and inserting in lieu thereof "this title", (C) by striking out "and" after "1980,", and (D) by striking out the period and inserting in lieu thereof a comma and the following: "$25,000,000 for the fiscal year ending September 30, 1982. Of the funds appropriated under this section for any fiscal year beginning after September 30, 1981, not more than 35 per centum may be obligated for grants under section 503.". (b) Section 504(b) (42 U.S.C. 4588(b)) is amended by adding at the end the following: "The Secretary shall include in the grants made under this section for fiscal years beginning after September 30, 1981, a grant to a designated Center for research on the effects of alcohol on the elderly.". (c) Section 503 is inserted after section 504 of such Act and is redesignated as section 504 and the section 504 of such Act relating to National Alcohol Research Centers is redesignated as section 503.

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Page:United States Statutes at Large Volume 95.djvu/621

 sy PUBLIC LAW 97-35—AUG. 13, 1981

95 STAT. 595

TECHNICAL AMENDMENTS

SEC. 966. (a) The first sentence of section 101(a) is amended (1) by striking out "Health, Education, and Welfare" and inserting in lieu thereof "Health and Human Services", and (2) by striking out "and part C of the Community Mental Health Centers Act". (b) Section 102(1) is amended by striking out "and part C of the Community Mental Health Centers Act". (c) Section 103(b) is amended by striking out "Health, Education, and Welfare" and inserting in lieu thereof "Health and Human Services". (d) Section 201(b)(4) is amended by striking out "Office and Treatment Act of 1972" and inserting in lieu thereof "Prevention, Treatment, and Rehabilitation Act". (e) Section 201(e) is amended by striking out "Health, Education, and Welfare" and inserting in lieu thereof "Health and Human Services". (f)(1) The heading for title HI is amended to read as follows:

42 USC 4551.

42 USC 4552. 42 USC 4553. 42 USC 4561.

"TITLE III—TECHNICAL ASSISTANCE AND FEDERAL GRANTS AND CONTRACTS" (2) The heading for part A of title III is amended to read as follows: "PART A—TECHNICAL ASSISTANCE".

CHAPTER 2—DRUG ABUSE PREVENTION, TREATMENT, AND REHABILITATION REFERENCE

SEC. 967. Except as otherwise specifically provided, whenever in this chapter an amendment or repeal is expressed in terms of an amendment to, or a repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Drug Abuse Prevention, Treatment, and Rehabilitation Act. 21 USC 1101 ADDITIONAL DRUG ABUSE PREVENTION FUNCTIONS

"°**

SEC. 968. (a) Section 406(a) is amended— 2i use 1173. (1) by inserting "and" after the semicolon in clause (2); (2) by striking out the semicolon and "and" at the end of clause (3) and inserting in lieu thereof a period; and (3) by striking out clause (4). (b) The section heading for section 406 is amended by striking out "Health, Education, and Welfare" and inserting in lieu thereof "Health and Human Services". (c) The item relating to section 406 in the table of sections for title IV is amended by striking out "Health, Education, and Welfare" and inserting in lieu thereof 'health and Human Services". FORMULA GRANTS

SEC. 969. (a) Section 409 is repealed. Repeal. Ob) The table of sections for title IV is amended by striking out the ^^ ^ ^ ^^'^^ item relating to section 409.

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Page:United States Statutes at Large Volume 95.djvu/622

 95 STAT. 596

PUBLIC LAW 97-35—AUG. 13, 1981 GRANTS AND CONTRACTS

21 USC 1177.

SEC. 970. (a)(1) The section heading for section 410 is amended to read as follows: ''§410. Grants and contracts for the demonstration of new and more effective prevention, treatment, and rehabilitation programs.". (2) The item relating to section 410 in the table of sections for title IV is amended to read as follows: "410. Grants and contracts for the demonstration of new and more effective prevention, treatment, and rehabilitation programs.".

Appropriation authorization.

(b)(1) The first sentence of section 410(a) is amended to read as follows: "The Secretary acting through the National Institute on Drug Abuse, may make grants to and enter into contracts with individuals and public and private nonprofit entities— "(1) to provide training seminars, educational programs, and technical assistance for the development, demonstration, and evaluation of drug abuse prevention, treatment, and rehabilitation programs; and "(2) to conduct demonstration and evaluation projects, with a high priority on prevention and early intervention projects and on identifying new and more effective drug abuse prevention, treatment, and rehabilitation programs.". (2) Section 410(a) is further amended by adding at the end thereof the following new sentence: "Furthermore, nothing shall prevent the use of funds provided under this section for programs and projects aimed at the prevention, treatment, and rehabilitation of alcohol abuse and alcoholism as well as drug abuse.". (c) Section 410(b) is amended by adding at the end thereof the following new Sentences: "For carrying out the purposes of this section, there are authorized to be appropriated $15,000,000 for the fiscal year ending September 30, 1982. Of the funds appropriated under the preceding sentence, at least 25 per centum of the funds shall be obligated for grants and contracts for primary prevention and intervention programs designed to discourage individuals, particularly individuals in high risk populations, from abusing drugs.". (d)(1)(A) The first sentence of section 410(c)(2) is amended by striking out "designated or established under section 409" and inserting in lieu thereof "responsible for the administration of drug abuse prevention activities". (B) The third sentence of such section is amended— (i) by striking out "the" before "State comprehensive plan" and inserting in lieu thereof "any"; and (ii) by striking out "under section 409". (2) Section 410(c)(3) is amended— (A) by inserting "and" after the semicolon in clause (B); (B) by striking out the semicolon and "and" at the end of clause (C) and inserting in lieu thereof a period; and (C) by striking out clause (D). (e) Section 410(d) is amended to read as follows: "(d) The Secretary shall encourage the submission of and give special consideration to applications under this section to programs and projects aimed at underserved populations such as racial and ethnic minorities, native Americans, youth, the elderly, women, handicapped individuals, and families of drug abusers.".

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 PUBLIC LAW 97-35—AUG. 13, 1981

95 STAT. 597

(f) Section 410 is further amended by adding at the end thereof the 2i use 1177. following new subsection: "(g)(1) No grant may be made under this section to a State or to any entity within the government of a State unless the grant application has been duly authorized by the chief executive officer of such State. "(2) No grant or contract may be made under this section for a period in excess of five years, "(3)(A) The amount of any grant or contract under this section may not exceed 100 per centum of the cost of carrying out the grant or contract in the first fiscal year for which the grant or contract is made under this section, 80 per centum of such cost in the second fiscal year for which the grant or contract is made under this section, 70 per centum of such cost in the third fiscal year for which the grant or contract is made under this section, and 60 per centum of such cost in each of the fourth and fifth fiscal years for which the grant or contract is made under this section. "(B) For purposes of this paragraph, no grant or contract shall be considered to have been made under this section for a fiscal year ending before September 30, 1981.". RECORDS AND AUDIT

SEC. 971. Section 411(a) is amended by striking out "409 or". 21 USC 1178. DRUG ABUSE RESEARCH

SEC. 972. (a) Section 503 is amended— 21 USC 1193. (1) by inserting "(a)" before "The Director shall"; (2) by striking out "and" after the semicolon in clause (3); (3) by striking out the period at the end of clause (4) and inserting in lieu thereof a semicolon and "and"; and (4) by inserting after clause (4) the following new clause: "(5) drug abuse prevention, treatment, and rehabilitation."; (5) by striking out "this section" in the last sentence and inserting in lieu thereof "this subsection"; and (6) by adding at the end the following: "(b) The Director may— "(1) make grants or enter into contracts with individuals and public and nonprofit entities for the purpose of determining the causes of drug abuse in a particular area, and "(2) make grants to and enter into contracts with individuals and public and private nonprofit entities for research respecting improved drug maintenance and detoxification techniques and programs. "(c) For the purposes of subsections (a) and (b), there are authorized Appropriation to be appropriated $45,000,000 for the fiscal year ending September authorization. 30, 1982.". (b) The heading for section 503 of such Act is amended by striking out "certain research and development" and inserting in lieu thereof "research". (c) The item relating to section 503 in the table of sections for title V of such Act is amended by striking out "certain research and development" and inserting in lieu thereof "research".

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Page:United States Statutes at Large Volume 95.djvu/624

 95 STAT. 598

PUBLIC LAW 97-35—AUG. 13, 1981 TECHNICAL AMENDMENTS

21 USC 1115. 21 USC 1162. 21 USC 1172.

21 USC 1175. 21 USC 1180.

21 USC 1191.

consumerPatient Radiation Health and Safety Act of 1981. 42 USC 10001 note.

SEC. 973. (a) Section 205 is amended by striking out "Health, Education, and Welfare" and inserting in lieu thereof "Health and Human Services". (b) Section 302 is amended by striking out "Health, Education, and Welfare" and inserting in lieu thereof "Health and Human Services". (c)(l) Section 405 is amended by striking out "Health, Education, and Welfare" each place it appears and inserting in lieu thereof "Health and Human Services". (2) The section heading for section 405 is amended by striking out "Health, Education, and Welfare" and inserting in lieu thereof "Health and Human Services". (3) The item relating to section 405 in the table of sections for title IV is amended by striBng out "Health, Education, and Welfare" and inserting in lieu thereof 'llealth and Human Services". (d) Section 408(g) is amended by striking out "Health, Education, and Welfare" and inserting in lieu thereof "Health and Human Services". (e) Section 4130b)(2)(B) is amended by striking out "single State agencies designated pursuant to section 409(e)(1) of this Act" and inserting in lieu thereof "the State agencies responsible for the administration of drug abuse prevention activities". (f) Section 501 is amended by striking out "Health, Education, and Welfare" and inserting in lieu thereof "Health and Human Services".

Subtitle I—Consumer-Patient Radiation Health and Safety Act of 1981 SHORT TITLE

SEC. 975. This subtitle may be cited as the "Consumer-Patient Radiation Health and Safety Act of 1981". STATEMENT OF FINDINGS

42 USC 10001.

SEC. 976. The Congress finds that— (1) it is in the interest of public health and safety to minimize unnecessary exposure to potentially hazardous radiation due to medical and dental radiologic procedures; (2) it is in the interest of public health and safety to have a continuing supply of adequately educated persons and appropriate accreditation and certification programs administered by State governments; (3) the protection of the public health and safety from unnecessary exposure to potentially hazardous radiation due to medical and dental radiologic procedures and the assurance of efficacious procedures are the responsibility of State and Federal governments; (4) persons who administer radiologic procedures, including procedures at Federal facilities, should be required to demonstrate competence by reason of education, training, and experience; and (5) the administration of radiologic procedures and the effect on individuals of such procedures have a substantial and direct effect upon United States interstate commerce.

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Page:United States Statutes at Large Volume 95.djvu/625

 PUBLIC LAW 97-35—AUG. 13, 1981

95 STAT. 599

STATEMENT OP PURPOSE

SEC. 977. It is the purpose of this subtitle to— 42 USC 10002. (1) provide for the establishment of minimum standards by the Federal Government for the accreditation of education programs for persons who administer radiologic procedures and for the certification of such persons; and (2) insure that medical and dental radiologic procedures are consistent with rigorous safety precautions and standards. DEFINITIONS

SEC. 978. Unless otherwise expressly provided, for purposes of this '^2 USC 10003. subtitle, the term— (1) "radiation" means ionizing and nonionizing radiation in amounts beyond normed background levels from sources such as medical and dental radiologic procedures; (2) "radiologic procedure" means any procedure or article intended for use in— (A) the diagnosis of disease or other medical or dental conditions in humans (including diagnostic X-rays or nuclear medicine procedures); or (B) the cure, mitigation, treatment, or prevention of disease in humans; that achieves its intended purpose through the emission of radiation; (3) "radiologic equipment" means any radiation electronic product which emits or detects radiation and which is used or intended for use to— (A) diagnose disease or other medical or dental conditions (including diagnostic X-ray equipment); or (B) cure, mitigate, treat, or prevent disease in humans; that achieves its intended purpose through the emission or detection of radiation; (4) "practitioner" means any licensed doctor of medicine, osteopathy, dentistry, podiatry, or chiropractic, who prescribes radiologic procedures for other persons; (5) "persons who administer radiologic procedures" means any person, other than a practitioner, who intentionally administers radiation to other persons for medical purposes, and includes medic£j radiologic technologists (including dental hygienists and assistants), radiation therapy technologists, and nuclear medicine technologists; (6) "Secretary" means the Secretary of Health and Human Services; and (7) "State" means the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, the Virgin Islands, Guam, American Samoa, and the Trust Territory of the Pacific Islands. PROMULGATION OF STANDARDS

SEC. 979. (a) Within twelve months after the date of enactment of this Act, the Secretary, in consultation with the Radiation Policy Council, the Administrator of Veterans' Affairs, the Administrator of the Environmental Protection Agency, appropriate agencies of the States, and appropriate professional organizations, shall by regulation promulgate minimum standards for the accreditation of educa-

89-194 O—82

40:QL3

Regulation. 42 USC 10004.

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Page:United States Statutes at Large Volume 95.djvu/626

 95 STAT. 600

Regulation.

PUBLIC LAW 97-35—AUG. 13, 1981 tional programs to train individuals to perform radiologic procedures. Such standards shall distinguish between programs for the education of (1) medical radiologic technologists (including radiographers), (2) dental auxiliaries (including dental hygienists and assistants), (3) radiation therapy technologists, (4) nuclear medicine technologists, and (5) such dther kinds of health auxiliaries who administer radiologic procedures as the Secretary determines appropriate. Such standards shall not be applicable to educational programs for practitioners. (b) Within twelve months after the date of enactment of this Act, the Secretary, in consultation with the Radiation Policy Council, the Administrator of Veterans' Affairs, the Administrator of the Environmental Protection Agency, interested agencies of the States, and appropriate professional organizations, shall by regulation promulgate minimum standards for the certification of persons who administer radiologic procedures. Such standards shall distinguish between certification of (1) medical radiologic technologists (including radiographers), (2) dental auxiliaries (including dental hygienists and assistants), (3) radiation therapy technologists, (4) nuclear medicine technologists, and (5) such other kinds of health auxiliaries who administer radiologic procedures as the Secretary determines appropriate. Such standards shall include minimum certification criteria for individuals with regard to accredited education, practical experience, successful passage of required examinations, and such other criteria as the Secretary shall deem necessary for the adequate qualification of individuals to administer radiologic procedures. Such standards shall not apply to practitioners. MODEL STATUTE

42 USC 10005.

SEC. 980. In order to encourage the administration of accreditation and certification programs by the States, the Secretary shall prepare and transmit to the States a model statute for radiologic procedure safety. Such model statute shall provide that— (1) it shall be unlawful in a State for individuals to perform radiologic procedures unless such individuals are certified by the State to perform such procedures; and (2) any educational requirements for certification of individuals to perform radiologic procedures shall be limited to educational programs accredited by the State. COMPUANCE

42 USC 10006.

SEC. 981. (a) The Secretary shall take all actions consistent with law to effectuate the purposes of this subtitle. (b) A State may utilize an accreditation or certification program administered by a private entity if^ (1) such State delegates the administration of the State accreditation or certification program to such private entity; (2) such program is approved by the State; and (3) such program is consistent with the minimum Federal standards promulgated under this subtitle for such program. (c) Absent compliance by the States with the provisions of this subtitle within three years after the date of enactment of this Act, the Secretary shall report to the Congress recommendations for legislative changes considered necessary to assure the States' compliance with this subtitle.

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Page:United States Statutes at Large Volume 95.djvu/627

 PUBLIC LAW 97-35—AUG. 13, 1981 (d) The Secretary shall be responsible for continued monitoring of compliance by the States with the applicable provisions of this subtitle and shall report to the Senate and the House of Representatives by January 1, 1982, and January 1 of each succeeding year the status of the States' compliance with the purposes of this subtitle. (e) Notwithstanding any other provision of this section, in the case of a State which has, prior to the effective date of standards and guidelines promulgated pursuant to this subtitle, established standards for the accreditation of educational programs and certification of radiologic technologists, such State shall be deemed to be in compliance with the conditions of this section unless the Secretary determines, after notice and hearing, that such State standards do not meet the minimum standards prescribed by the Secretary or are inconsistent with the purposes of this subtitle.

95 STAT. 601 Report to Congress.

FEDERAL RADIATION GUIDELINES

SEC. 982. The Secretary shall, in conjunction with the Radiation Policy Council, the Administrator of Veterans' Affairs, the Administrator of the Environmental Protection Agency, appropriate agencies of the States, and appropriate professional organizations, promulgate Federal radiation guidelines with respect to radiologic procedures. Such guidelines shall— (1) determine the level of radiation exposure due to radiologic procedures which is unnecessary and specify the techniques, procedures, and methods to minimize such unnecessary exposure; (2) provide for the elimination of the need for retakes of diagnostic radiologic procedures; (3) provide for the elimination of unproductive screening programs; (4) provide for the optimum diagnostic information with minimum radiologic exposure; and (5) include the therapeutic application of radiation to individuals in the treatment of disease, including nuclear medicine applications.

42 USC 10007.

APPLICABILITY TO FEDERAL AGENCIES

SEC. 983. (a) Except as provided in subsection (b), each department, agency, and instrumentality of the executive branch of the Federal Government shall comply with standards promulgated pursuant to this subtitle. (b)(1) The Administrator of Veterans' Affairs, through the Chief Medical Director of the Veterans' Administration, shall, to the maximum extent feasible consistent with the responsibilities of such Administrator and Chief Medical Director under subtitle 38, United States Code, prescribe regulations making the standards promulgated pursuant to this subtitle applicable to the provision of radiologic procedures in facilities over which the Administrator has jurisdiction. In prescribing and implementing regulations pursuant to this subsection, the Administrator shall consult with the Secretary in order to achieve the maximum possible coordination of the regulations, standards, and guidelines, and the implementation thereof, which the Secretary and the Administrator prescribe under this subtitle. (2) Not later than 180 days after standards are promulgated by the Secretary pursuant to this subtitle, the Administrator of Veterans'

42 USC 10008.

Regulations.

38 USC loi et ^^9

Report to congressional committees.

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Page:United States Statutes at Large Volume 95.djvu/628

 95 STAT. 602

Publication in Register

PUBLIC LAW 97-35—AUG. 13, 1981 Affairs shall submit to the appropriate committees of Congress a full report with respect to the regulations (including guidelines, policies, and procedures thereunder) prescribed pursuant to paragraph (1) of this subsection. Such report shall include— (A) an explanation of any inconsistency between standards made applicable by such regulations and the standards promulgated by the Secretary pursuant to this subtitle; (B) an account of the extent, substance, and results of consultations with the Secretary respecting the prescription and implementation of regulations by the Administrator; and (C) such recommendations for legislation and administrative action as the Administrator determines are necessary and desirable. (3) The Administrator of Veterans' Affairs shall publish the report required by paragraph (2) in the Federal Register.

Subtitle J—Orderly Closure, Transfer, and Financial Self-Sufficiency of Public Health Service Hospitals and Clinics FINDINGS AND PURPOSES

42 USC 248b ^°^^-

SEC. 985. (a) Congress finds that— (1) because of national budgetary considerations, it has become necessary to terminate Federal appropriations for Public Health Service hospitals and clinics, (2) with proper planning and coordination, some of these hospitals and clinics could be transferred to State, local, or private control or become financially self-sufficient and continue to provide effective and efficient health care to individuals in the areas in which they are located, (3) a precipitous closure of these hospitals and clinics will preclude the possibility of such orderly transfer to entities which are willing and able to take over operations at such facilities and will cause unnecessary and costly hardships on the patients and staffs at such facilities and on the communities in which the facilities are located, and (4) it is in the national interest, consistent with sound budgetary considerations, to assist in the orderly and prompt transfer of such operations to State, local, or private operation or in the achievement of financial self-sufficiency where feasible. (b) The purposes of this subtitle are— (1) to provide for the prompt and orderly closure by October 31, 1981, of Public Health Service hospitals and clinics which cannot reasonably be transferred to State, local, or private operation or become financially self-sufficient and for the transfer or achievement of financial self-sufficiency by September 30, 1982, of those hospitals and clinics which can be so transferred or which can achieve such financial self-sufficiency, and (2) to provide for transitional assistance for merchant seamen whose entitlement to receive free care through Public Health Service hospitals and clinics is repealed and who are hospitalized at the end of fiscal year 1981 and require continuing hospitalization.

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Page:United States Statutes at Large Volume 95.djvu/629

 PUBLIC LAW 97-35—AUG. 13, 1981 ELIMINATION

OP MERCHANT MARINE SERVICES

95 STAT. 603

ENTITLEMENT TO HEALTH

SEC. 986. (a) Subsection (h) of section 2 and subsections (a) and (b) of section 322 of the Public Health Service Act are repealed. 42 USC 201, 249. (b)(1) Section 322(e) of such Act is amended— (A) by striking out "entitled to care and treatment under subsection (a) of this section and persons"; and (B) by striking out "subsection (c)" and inserting in lieu thereof "subsection (a). (2) Subsections (c), (d), and (e) of section 322 of such Act are redesiffliated as subsections (a), (b), and (c), respectively. (3) llie section heading for section 322 of such Act is amended by striking out "SEAMEN" and inserting in lieu thereof "PERSONS UNDER QUARANTINE".

(4) Section 332(a)(2)(C) of such Act is amended by striking out 42 USC 254e. "seamen" and inserting in lieu thereof "persons under quarantine". (c) The amendments and repeals made by this section shall take Effective date. effect on October 1, 1981. ^^ use 249 note. PROPOSALS FOR TRANSFER OR FINANCIAL SELF-SUFFICIENCY OF PUBLIC HEALTH SERVICE HOSPITALS AND CLINICS

SEC. 987. (a) The Secretary of Health and Human Services (herein- 42 USC 248b. after in this subtitle referred to as the "Secretary") shall, in accordance with this section and notwithstanding section 818 of Public Law 93-155, provide for the closure, transfer, or financial self-sufficiency 42 USC 248a. of all hospitals and other stations of the Public Health Service (hereinafter in this subtitle referred to as the "Service") not later than September 30, 1982. (b) Not later than July 1, 1981, the Secretary shall notify each Service hospital and other station, and the chief executive officer of each State and of each locality in which such a hospital or other station is located, that the Secretary will accept proposals for the transfer of each such hospital and station from the Service to a public (including Federal) or nonprofit private entity or for the achievement of financial self-sufficiency of each such hospital and station not later than September 30, 1982. No such proposal shall be considered by the Secretary if it is submitted later than September 1, 1981. (c) The Secretary shall evaluate promptly each proposal submitted under subsection (b) with respect to a hospital or other station and determine, not later than September 30, 1981, whether or not under such proposal the hospital or station— (1) will be maintained as a general health care facility providing a range of services to the population within its service area, (2) will continue to make services available to existing patient populations, and (3) has a reasonable expectation of financial viability and, in the case of a hospital or station that is not proposed to be transferred, of financial self-sufficiency. Paragraph (1) shall not apply in the case of a proposal for the transfer of a discrete, minor, freestanding part of a hospital or station to a local public entity for the purpose of continuing the provision of services to refugees. (d)(1) If the Secretary determines that a proposal for a hospital or other station does not meet the standards of subsection (c) or if there is no proposal submitted under subsection (b) with respect to a hospital or other station, the Secretary shall provide for the closure of the hospital or station by not later than October 31, 1981.

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Page:United States Statutes at Large Volume 95.djvu/630

 95 STAT. 604

PUBLIC LAW 97-35—AUG. 13, 1981 (2) If the Secretary determines that a proposal for a hospital or other station meets the standards of subsection (c), the Secretary shall take such steps, within the amounts available through appropriations, as may be necessary and proper— (A) to operate (or participate or assist in the operation of) the hospital or station by the Service until the transfer is accomplished or financial self-sufficiency is achieved, (B) to bring the hospital or station into compliance with applicable licensure, accreditation, and local medical practice standards, and (C) to provide for such other legal, administrative, personnel, and financial arrangements (including allowing payments made with respect to services provided by the hospital or station to be made directly to that hospital or station) as may be necessary to effect a timely and orderly transfer of such hospital or station (including the land, building, and equipment thereof) from the Service, or for the financial self-sufficiency of the hospital or station, not later than September 30, 1982. (e) There is established, within the Office of the Assistant Secretary for Health of the Department of Health and Human Services, an identifiable administrative unit which shall have direct responsibility and authority for overseeing the activities under this section. (f) For purposes of this section, a hospital or station cannot be found to be financially self-sufficient if the hospital or station is relsdng, in whole or in part, on direct appropriated funds for its continued operations. CONTINUED CARE FOR MERCHANT SEAMEN HOSPITAUZED IN PUBLIC HEALTH SERVICE HOSPITALS

42 USC 249 note.

SEC. 988. (a) The Secretary shall provide, by contract or other arrangement with a Federal entity and without charge but subject to subsection (h), for the continuation of inpatient hospital services (and outpatient services related to the condition of hospitalization) to any individual who— (1) on September 30, 1981, is receiving inpatient hospital services at a Public Health Service hospital on the basis of the entitlement contained in section 322(a) of the Public Health Service Act (42 U.S.C. 249(a)), as such section was in effect on such date, for treatment of a condition, (2) requires continued hospitalization after such date for treatment of that condition (or requires outpatient services related to such condition), and (3) the Secretary determines has no other source of inpatient hospital services available for continued treatment of that condition. (b) Services may not be provided under subsection (a) to an individual after the earlier of— (1) September 30, 1982, (2) the end of the first 60-day consecutive period (beginning after September 30, 1981) during the entire period of which the individual is not an inpatient of a hospital. (c) Notwithstanding any other provision of law, the head of any Federal department or agency which provides, under other authority of law and through federal facilities, inpatient hospital services or outpatient services, or both, is authorized to provide inpatient hospital services (and related outpatient services) to individuals under

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Page:United States Statutes at Large Volume 95.djvu/631

 PUBLIC LAW 97-35—AUG. 13, 1981

95 STAT. 605

contract or other arrangement with the Secretary pursuant to this section.

Subtitle K—Office of the Secretary of Health and Human Services APPROPRIATIONS FOR IMMEDIATE OFFICE OF SECRETARY OF HEALTH AND HUMAN SERVICES

SEC. 991. The appropriations for the immediate office of the 42 USC 350i Secretary of Health and Human Services and the Under Secretary of "°^® Health and Human Services for the executive direction of the Department of Health and Human Services may not exceed $4,125,000 for fiscal year 1982, may not exceed $4,485,000 for fiscal year 1983, and may not exceed $4,875,000 for fiscal year 1984. Before the Secretary may request additional funds for the office of the Secretary or the Under Secretary or request the reprograming to such offices of appropriated funds, the Secretary shall consult with the Committee on Energy and Commerce of the House of Representatives.

TITLE X—ENERGY AND ENERGYRELATED PROGRAMS Subtitle A—Department of Energy Authorization CHAPTER 1-CIVILIAN RESEARCH AND DEVELOPMENT AUTHORIZATION OPERATING EXPENSES

SEC. 1001. Funds are hereby authorized to be appropriated in 42 USC 7270 accordance with section 660 of the Department of Energy Organiza- ^ tion Act for operating expenses for the civilian research and develop- ^^ use 7270. ment programs of the Department of Energy for the following appropriations accounts; (1) General science and research activities, (A) for the fiscal year ending on September 30, 1982, $439,160,000; (B) for the fiscal year ending on September 30, 1983, $471,000,000; and (C) for the fiscal year ending on September 30, 1984, $500,000,000. (2) Energy supply, research and development activities, (A) for the fiscal year ending on September 30, 1982, $2,057,460,000; (B) for the fiscal year ending on September 30, 1983, $2,141,000,000 including programs authorized in section 1007(a)(3)(A);and (C) for the fiscal year ending on September 30, 1984, $2,258,000,000 including programs authorized in section 1007(a)(3)(A). (3) Uranium supply and enrichment activities (advanced isotope separation), for the fiscal year ending on September 30, 1982, $80,292,000.

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Page:United States Statutes at Large Volume 95.djvu/632

 95 STAT. 606

PUBLIC LAW 97-35—AUG. 13, 1981 (4) Geothermal resources development fund: geothermal loan guarantee and interest assistance program, (A) for the fiscal year ending on September 30, 1982, $200,000; (B) for the fiscal year ending on September 30, 1983, $200,000; and (C) for the fiscal year ending on September 30, 1984, $200,000. (5) Fossil energy research and development, including capital equipment not related to construction, (A) for the fiscal year ending on September 30, 1982, $460,800,000; (B) for the fiscal year ending on September 30, 1983, $430,800,000; and (C) for the fiscal year ending on September 30, 1984, $430,800,000. (6) Energy conservation research and development, including capital equipment not related to construction, (A) for the fiscal year ending on September 30, 1982, $149,444,000; (B) for the fiscal year ending on September 30, 1983, $154,000,000; and (C) for the fiscal year ending on September 30, 1984, $158,600,000. PLANT AND CAPITAL EQUIPMENT GENERALLY

42 USC 7270 ^°^^42 USC 7270.

SEC. 1002. Funds are hereby authorized to be appropriated in accordance with section 660 of the Department of E n e r ^ Orgginization Act for construction, including planning, construction, acquisition, or modification of facilities, including land acquisition; and acquisition and fabrication of captial equipment not related to construction of the Department of Energy for the following appropriations accounts: (1) General science and research activities, (A) for the fiscal year ending on September 30, 1982, $128,300,000 including the amounts authorized to be appropriated in sections 1003 and 1004(a)(3); (B) for the fiscal year ending on September 30, 1983, $137,000,000; and (C) for the fiscal year ending on September 30, 1984, $147,000,000. (2) Energy supply, research and development activities, (A) for the fiscal year ending on September 30, 1982, $370,132,000 including the amounts authorized to be appropriated in sections 1003 and 1004(a)(2); (B) for the fiscal year ending on September 30, 1983, $354,000,000; and (C) for the fiscal year ending on September 30, 1984, $416,200,000. (3) Fossil energy construction, (A) for the fiscal year ending on September 30, 1982, $18,000,000 including the amounts authorized to be appropriated in sections 1003 and 1004(a)(l); (B) for the fiscal year ending on September 30, 1983, $13,000,000; and (C) for the fiscal year ending on September 30, 1984, $6,000,000.

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 PUBLIC LAW 97-35—AUG. 13, 1981

95 STAT. 607

PRIOR YEAR CONSTRUCTION

SEC. 1003. (a) Of the amounts authorized to be appropriated for fiscal year 1982 by sections 1001 and 1002, there are authorized to be appropriated in accordance with section 660 of the Department of Energy Organization Act for construction (including planning, construction, acquisition, and modification of facilities, including land acquisition), and for acquisition and fabrication of capital equipment not related to construction, with respect to each prior year project listed in the budget documents submitted to the Congress in support of the fiscal year 1982 budget, amounts not to exceed the appropriations amount requested for such project for fiscal year 1982 as set forth in such budget documents, except as otherwise provided (in the case of specific projects) under subsection (b). (b) The amounts otherwise authorized by subsection (a) to be appropriated for fiscal year 1982 or previously authorized are increased or decreased as follows: (1) Fossil energy research and development: (A) in the case of acquisition and fabrication of capital equipment not related to construction, the amount so authorized for fossil energy research and development is decreased by $800,000; (2) Energy supply research and development: (A) in the case of acquisition and fabrication of capital equipment not related to construction, the amount so authorized for energy supply, research, and development activities is increased by $1,000,000; (B) in the case of Project 81-ES-l, OTEC 40MW Pilot Plant, the amount previously authorized is increased by $6,300,000, for a total project authorization of $36,300,000; (C) in the case of Project 81-T-314, Impurity Studies Experiment Modification (ISX-C), Oak Ridge, Tennessee, the amount previously authorized is increased by $3,500,000, for a total project authorization of $7,000,000; (D) in the case of Project 80-ES-19,250KW, Small Community Solar Thermal Power Experiment, the amount previously authorized is increased by $4,000,000, for a total project authorization of $8,180,000; (E) in the case of Project 80-G-2, Second 50 MWe Demonstration Power Plant, Heber, Imperial Valley, California, the amount previously authorized is increased by $11,000,000, for a total project authorization of $19,000,000; (F) in the case of Project 78-6-f, Fuels and Materials Examination Facility, Hanford, Washington, the amount previously authorized is increased by $17,800,000, for a total project authorization of $176,800,000; and (G) in the case of Project 78-3-b, Mike McCormack Fusion Materials Irradiation Test Facility, Hanford, Washington, the amount previously authorized is increased by $14,000,000, for a total project authorization of $47,000,000. (3) Energy conservation: (A) in the CEise of acquisition and fabrication of capital equipment not related to construction, the amount so authorized for energy conservation is increased by $326,000. (c) For purposes of this section, the terms "budget documents submitted to the Congress in support of the fiscal year 1982 budget" and "budget documents" mean the Department of Energy Congres-

42 USC 7270 "°*® 42 USC 7270.

Definitions.

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Page:United States Statutes at Large Volume 95.djvu/634

 95 STAT. 608

PUBLIC LAW 97-35—AUG. 13, 1981 sional Budget Request, Fiscal Year 1982 (February 1981; DOE/ CR-0011-3). NEW CONSTRUCTION

42 USC 7270 ^°^^-

SEC. 1004. (a) Of the amounts appropriated for fiscal year 1982 pursuant to the authorization provided in section 1002, funds may be expended for new plant and capital equipment activities, including planning, construction, acquisition, or modification of facilities, including land acquisition. The following new plant and capital equipment activities are hereby authorized in an amount not to exceed the Federal share of the total estimated cost set forth for each project in budget documents submitted to the Congress in support of the fiscal year 1982 budget. Within such amounts the authorizations for the new plant and capital equipment activities for fiscal year 1982 are limited as follows: (1) Fossil energy construction: (A) Project 82-F-506, Surface Water Containment and Waste Water Treatment Facility, Pittsburgh Energy Technology Center, Bruceton, Pennsylvania, $1,000,000; and (B) Project 82-F-505, General plant projects for technology centers, six locations, $6,000,000; and (2) Energy supply research and development: (A) Nuclear fission activities: (i) Project 82-N-315, General plant projects, Richland, Washington, and other sites, $1,100,000; (ii) Project 82-N-310, Modification to reactors, various locations, $2,000,000; and (iii) Project 82-N-312, General plant projects, $11,000,000. (B) Magnetic fusion activities: (i) Project GPP-82, General plant projects, Princeton, New Jersey, and Oak Ridge, Tennessee, $5,700,000. (C) Supporting research and technical analysis activities: (i) Project 82-E-322, High Temperature Materials Laboratory, Oak Ridge National Laboratory, Oak Ridge, Tennessee, $3,500,000; (ii) Project 82-E-321, Accelerator Improvements and Modifications, various locations, $300,000; (iii) Project 82-E-320, General plant projects, various locations, $300,000; (iv) Project 82-E-301, 300 area critical utilities upgrading, Richland, Washington, $1,000,000; (v) Project 82-E-302, Security Facility, Argonne National Laboratory, Argonne, Illinois, $1,500,000; (vi) Project 82-E-305, Traffic safety improvements, Richland, Washington, $3,800,000; (vii) Project 82-E-306, Railroad modifications, Idaho National Engineering Laboratory, Idaho, $2,000,000. (D) Environmental research and development activities: (i) Project 82-GPP-l, General plant projects, $3,000,000; and (ii) Project 82-V-305, Modifications and additions to environmental research facilities, various locations, $1,000,000. (3) General science and research activities: (A) High energy physics activities: (i) Project 82-E-206, Tevatron II, Fermi National Accelerator Laboratory, Batavia, Illinois, $6,000,000;

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Page:United States Statutes at Large Volume 95.djvu/635

 PUBLIC LAW 97-35—AUG. 13, 1981

95 STAT. 609

(ii) Project 82-E-205, Accelerator improvements and modifications, various locations, $7,000,000; and (iii) Project 82-E-204, General plant projects, various locations, $6,000,000; (B) Nuclear physics activities: (i) Project 82-E-223, Argonne Tandem-Linac Accelerator System (ATLAS), Argonne National Laboratory, Argonne, Illinois, $4,000,000; (ii) Project 82-EJ-221, Accelerator improvements and modifications, various locations $2,000,000; and (iii) Project 82-E-222, General plant projects, various locations, $2,800,000.

Definitions.

(b) For purposes of this section, the terms "budget documents submitted to the Congress in support of the fiscal year 1982 budget" and "budget documents" mean the Department of Energy Congressional Budget Request, Fiscal Year 1982 (February 1981; DOE/ CR-0011-3). CHAPTER 2-CONSERVATION, INFORMATION, AND REGULATION AUTHORIZATIONS FOR FISCAL YEARS 1982, 1983, AND 1984

SEC. 1005. Funds are hereby authorized to be appropriated in 42 USC 7270 accordance with section 660 of the Department of Energy Organiza- ^°^tion Act for operating expenses for— ^2 USC 7270. (1) Energy conservation, (A) for the fiscal year ending on September 30, 1982, $363,056,000; (B) for the fiscal year ending on September 30, 1983, $387,400,000; and (C) for the fiscal year ending on September 30, 1984, $399,000,000. (2) Regulation and information activities— (A) for the fiscal year ending on September 30, 1982, including— (i) for economic regulation, $44,600,000; (ii) for the Federal Energy Regulatory Commission, $80,400,000; and (iii) for the Energy Information Administration, $84,986,000; (B) for the fiscal year ending on September 30, 1983, $265,000,000; and (C) for the fiscal year ending on September 30, 1984, $275,000,000. (3) Strategic Petroleum Reserve, to carry out part B of title I of the Energy Policy and Conservation Act, except acquisition, transportation, and injection of petroleum products for the Reserve and the carrying out of any drawdown and distribution of the Reserve— (A) for the fiscal year ending September 30, 1983, $366,319,000; and (B) for the fiscal year ending on September 30, 1984, $864,429,000.

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Page:United States Statutes at Large Volume 95.djvu/636

 95 STAT. 610

PUBLIC LAW 97-35—AUG. 13, 1981 CHAPTER 3—POWER MARKETING ADMINISTRATIONS

42 USC 7270

SEC. 1006. Funds are hereby authorized to be appropriated in

"°^®42 USC 7270.

accordance w i t h section 660 of the Department of Energy Organization Act for the ci\dlian program s of the Department of Energy for

the following appropriations accounts: (1) Alaska Power Administration operation and maintenance, (A) for the fiscal year ending on September 30, 1982, $3,538,000 of which $50,000 shall be reserved for an emergency fund to assure continuous operations during unusual or emergency conditions; (B) for the fiscal year ending on September 30, 1983, $3,374,000; and (C) for the fiscal year ending on September 30, 1984, $3,374,000. (2) Southeastern Power Administration operation and maintenance, (A) for the fiscal year ending on September 30, 1982, $7,237,000; (B) for the fiscal year ending on September 30, 1983, $11,848,000; and (C) for the fiscal year ending on September 30, 1984, $24,240,000. (3) Southwestern Power Administration operation maintenance, (A) for the fiscal year ending on September 30, 1982, $20,239,000; (B) for the fiscal year ending on September 30, 1983, $38,119,000; and (C) for the fiscal year ending on September 30, 1984, $40,254,000. (4) Western Area Power Administration construction rehabilitation, operation and maintenance, (A) for the fiscal year ending on September 30, 1982, $210,774,000; (B) for the fiscal year ending on September 30, 1983, $226,400,000; and (C) for the fiscal year ending on September 30, 1984, $259,700,000. (5) Western Area Power Administration emergency fund, (A) for the fiscal year ending on September 30, 1982, $500,000; (B) for the fiscal year ending on September 30, 1983, $500,000; and (C) for the fiscal year ending on September 30, 1984, $500,000. CHAPTER 4—OTHER ACTIVITIES OPERATING EXPENSES

42 USC 7270 ^°^-

SEC. 1007. (a) Funds are hereby authorized to be appropriated in accordance with section 660 of the Department of Energy Organization Act for operating expenses— (1) uranium supply and enrichment activities, (A) other than advanced isotope separation, for the fiscal year ending on September 30, 1982, for—

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Page:United States Statutes at Large Volume 95.djvu/637

 PUBLIC LAW 97-35—AUG. 13, 1981

95 STAT. 611

(i) gaseous diffusion operations and support, $961,825,000; (ii) gas centrifuge operations and support, $5,200,000; (iii) uranium enrichment process development, $93,075,000; (iv) program administration, $3,100,000; and (v) uranium resource assessment, $9,700,000; (B) including advanced isotope separation, for the fiscal year ending on September 30, 1983, $1,621,600,000; and (C) including advanced isotope separation, for the fiscal year ending on September 30, 1984, $1,973,600,000. (2) Department administration, (A) for the fiscal year ending on September 30, 1982, $206,000,000; (B) for the fiscal year ending on September 30, 1983, $246,963,000, including plant and capital equipment; and (C) for the fiscal year ending on September 30, 1984, $246,963,000, including plant and capital equipment. (3) Energy supply research and development, (A) solar and hydropower for the fiscal year ending on September 30, 1982, $11,700,000; and (B) commercial waste management, (i) other than programs authorized in section 101(2)(A), for the fiscal year ending on September 30, 1982, $67,370,000; (ii) for the fiscal year ending on September 30, 1983, $284,148,000; and (iii) for the fiscal year ending on September 30, 1984, $300,000,000. (4) Energy conservation, including capital equipment not related to construction, (A) for the fiscal year ending on September 30, 1982, $32,600,000; (B) for the fiscal year ending on September 30, 1983, $33,600,000; and (C) for the fiscal year ending on September 30, 1984, $34,600,000. (5) Energy production, demonstration, and distribution, (A) for the fiscal year ending on September 30, 1982, $230,963,000; (B) for the fiscal year ending on September 30, 1983, $377,195,000; and (C) for the fiscal year ending on September 30, 1984, $292,305,000. (h) Any State receiving financial assistance for energy extension service activities pursuant to the National Energy Extension Service Act shall be required to provide funds from non-Federal sources for such activities in an amount no less than 20 per centum of the amount allocated to such State under such Act during any fiscal year. PLANT AND CAPITAL EQUIPMENT GENERALLY

SEC. 1008. Funds are hereby authorized to be appropriated in 42 USC 7270 accordance with section 660 of the Department of E n e r ^ Organiza- "°^ tion Act for construction, including planning, construction, acquis!- 42 USC 7270. tion, or modification of facilities, including land acquisition; and acquisition and fabrication of capital equipment not related to

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Page:United States Statutes at Large Volume 95.djvu/638

 95 STAT. 612

PUBLIC LAW 97-35—AUG. 13, 1981 construction of the Department of Energy for the following appropriations accounts: (1) Uranium supply and enrichment activities, including research and development activities, (A) for the fiscal year ending on September 30, 1982, (i) $748,250,000 including the amounts authorized in sections 1009 and lOlO(a)(l), and (ii) $200,000 for uranium resource assessment, capital equipment not related to construction; (B) for the fiscal year ending on September 30, 1983, $1,002,800,000; and (C) for the fiscal year ending on September 30, 1984, $981,500,000. (2) Department administration, (A) for the fiscal year ending on September 30, 1982, $40,963,000 including the amounts authorized in sections 1009(a) and 1010(a)(2). (3) Energy supply research and development, commercial waste management, (A) for the fiscal year ending on September 30, 1982, $975,000. PRIOR YEAR CONSTRUCTION

42 USC 7270 "°*®fiscal 42 USC 7270.

Definitions.

SEC. 1009. (a) Of the amounts authorized to be appropriated for year 1982 by section 1008, there are authorized to be appropriated in accordance with section 660 of the Department of Energy Organization Act for construction (including planning, construction, acquisition, and modification of facilities, including land acquisition), and for acquisition and fabrication of capital equipment not related to construction, with respect to each prior year project listed in the budget documents submitted to the Congress in support of the fiscal year 1982 budget amounts not to exceed the appropriations amount requested for such project for fiscal year 1982 as set forth in such budget documents, except as otherwise provided (in the case of specific projects) under subsection (b). (b) The amounts authorized to be appropriated for fiscal year 1982 with respect to the following projects are as follows: (1) Uranium supply and enrichment activities, (A) Project 80-UE-5, Motor and switchgear upgrading, gaseous diffusion plants, the amount previously authorized is increased by $6,600,000 for a total project authorization of $26,500,000; and (B) Project 76-8-g, Enriched uranium production facilities, Portsmouth, Ohio, the amount previously authorized is increased by $601,00,000 for a total project authorization of $1,552,845,000. (c) For purposes of this section, the terms "budget documents submitted to the Congress in support of the fiscal year 1982 budget" and "budget documents" mean the Department of Energy Congressional Budget Request, Fiscal Year 1982 (February 1981; DOE/ CR-0011-3). NEW CONSTRUCTION

42 USC 7270 "

SEC. 1010. (a) Of the amounts appropriated for fiscal year 1982 pursuant to the authorization provided in section 1008, funds may be expended for new plant and capital equipment activities, including planning, construction, acquisition, or modification of facilities, including land acquisition. The following new plant and capital

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Page:United States Statutes at Large Volume 95.djvu/639

 PUBLIC LAW 97-35—AUG. 13, 1981

95 STAT. 613

equipment activities are hereby authorized in an amount not to exceed the Federal share of the total estimated cost set forth for each project in budget documents submitted to the Congress in support of the fiscal year 1982 budget. Within such amounts the authorizations for the new plant and capital equipment activities for fiscal year 1982 are limited as follows: (1) Uranium supply and enrichment activities, (A) Project 82-R-410, General plant projects, various locations, including Grand Junction, Colorado, $17,600,000; (B) Project 82-R-411, UF6 cylinders and storage yards, gaseous diffusion plants, $11,000,000; (C) Project 82-R-412, Cooling tower modifications. Oak Ridge, Tennessee and Portsmouth, Ohio, gaseous diffusion plants, $8,000,000; (D) Project 82-R-413, Improved UF6 containment and gaseous diffusion plants, $7,100,000; (E) Project 82-R-414, Purge and cascade withdrawal modifications, gaseous diffusion plant, Paducah, Kentucky, $9,000,000; (F) Project 82-R-415, Fire alarm system replacement, gaseous diffusion plants, $4,700,000; (G) Project 82-R-416, Environmental protection and safety modifications, Phase II, gaseous diffusion plants, $2,000,000; (H) Project 82-R-417, Air distribution system upgrading, gaseous diffusion plant, Paducah, Kentucky, $2,700,000; (I) Project 82-R-418, Advanced Centrifuge Test Facilities, Oak Ridge, Tennessee, $6,000,000; and (J) Project 82-N-402, General plant projects, various locations, $650,000. (2) Departmental administration, (A) Project 82-A-601, Modifications for energy management, various locations, $14,100,000; (B) Project 82-A-602, Advanced Test Reactor (ATR) waste heat recovery, Idaho National Engineering Laboratory, Idaho, $4,900,000; (C) Project 82-A-603, High temperature water distribution system, Los Alamos Scientific Laboratory, New Mexico, $5,000,000; (D) Project 82-C-601, Plcmt engineering and design, various locations, $2,000,000; and (E) Capital equipment not related to construction for departmental administration activities, $5,563,000. 0)) For purposes of this section, the terms "budget documents Definitions. submitted to the Congress in support of the fiscal year 1982 budget" and "budget documents" mean the Department of Energy Congressional Budget Request, Fiscal Year 1982 (February 1981; DOE/ CR-0011-3). GENERAL REQUIREMENT

SEC. 1011. (a) At the same time that the President submits his budget to the Congress for fiscal years 1983 and 1984 for the Department of Enermr as required by the Budget and Accounting Act, 1921, there shall be submitted, in addition to any other existing 31 USC i. requirements, a tabular listing for the recommended level of program activity and subactivity funding the fiscal years 1983 and 1984 of civilian energy activities in the same format as is contained in the program tables relating to this title appearing in the statement of

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Page:United States Statutes at Large Volume 95.djvu/640

 95 STAT. 614

PUBLIC LAW 97-35—AUG. 13, 1981 managers aocompanying the conference report on the Omnibus Budget Reconciliation Act of 1981 (H.R. 3982; 97th Congress). (b) At the same time that the President submits his budget to the Congress those plant and capital amounts requested for that fiscal year, additional authorization requested for prior year projects, and any new construction requests shall also be submitted as a separate request for authorization of appropriations for civilian research and development activities. CHAPTER 5—UNITED STATES ENERGY TARGETS ENERGY TARGETS

SEC. 1012. United States energy targets: ENERGY TARGETS [Quadrillion Btu's per year] 1985 Domestic production: OilandNGL Natural gas Coal Nuclear Hydro geothermal Renewables Subtotal Imports: OU Natural gas Coal Subtotal Total supply End-use consumption: Petroleum liquids Gas Direct coal Electricity Decentralized solar.— Subtotal Conversion losses.... Stock increase Total consumption

1990

1995

2000

18 18 21 5 3 2 67

17 18 27 7 4 3 76

18 16 82 8 4 5 83

18 15 41 9 4 6_ 93

18 2 -1.8 18

14 3 -2.1 15

11 3 -2.2 11

7 2 -2.4 7

85

90

94

100

32 17 5 9 2 64 21

29 18 6 10 3 66 25

28 18 6 11 4 67 28

85

91

94

27 18 7 12 5_ 68 32 100

Subtitle B—Powerplant and Industrial Fuel Use Act of 1978 Provisions APPLICABILITY OF FUEL USE RESTRICTIONS TO CERTAIN EXISTING ELECTRIC POWERPLANTS

SEC. 1021. (a) Title m of the Powerplant and Industrial Fuel Use Act of 1978 is amended by striking out section 301 (42 U.S.C. 8341) and inserting in lieu thereof the following:

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Page:United States Statutes at Large Volume 95.djvu/641

 PUBLIC LAW 97-35—AUG. 13, 1981

95 STAT. 615

"SEC. 301. EXISTING ELECTRIC POWERPLANTS. "(a) CERTIFICATION BY POWERPLANTS OF COAL CAPABILITY.—At any

time, the owner or operator of an existing electric powerplant may certify to the Secretary, for purposes of subsection (b)— "(1) whether or not such powerplant has or previously had the technical capability to use coal or another alternate fuel as a primary energy source; "(2) whether or not such powerplant could have the technical capability to use coal or another alternate fuel as a primary energy source without having— "(A) substantial physical modification of the powerplant, or "(B) substantial reduction in the rated capacity of the powerplant; and "(3) whether or not it is financially feasible to use coal or another alternate fuel as a primary energy source in such a powerplant. "(b) AUTHORITY OF SECRETARY TO PROHIBIT WHERE COAL OR ALTERNATE FUEL CAPABILITY EXISTS.—The Secretary may prohibit, in

accordance with section 303(a) or (b), the use of petroleum or natural 42 USC 8343. gas, or both, as a primary energy source in any existing electric powerplant, if an affirmative certification under subsection (a)(D, (2), and (3) is in effect with respect to such powerplant and if, after examining the basis for the certification, the Secretary concurs with the certification. "(c) AUTHORITY OF SECRETARY TO PROHIBIT EXCESSIVE U S E IN

MIXTURES.—At any time, the owner or operator of an existing electric powerplant may certify to the Secretary for purposes of this subsection whether or not it is technically and financially feasible to use a mixture of petroleum or natural gas and coal or another alternate fuel as a primary energy source in that powerplant. If an affirmative certification under this subsection is in effect with respect to such powerplant and if, after examining the basis for the certification, the Secretary concurs with the certification, the Secretary may prohibit, in accordance with section 303(a), the use of petroleum or natural gas, or both, in such powerplant in amounts in excess of the minimum amount necessary to maintain reliability of operation of the unit consistent with maintaining reasonable fuel efficiency of such mixture. "(d) AMENDMENT OF SUBSECTION (a) AND (C) CERTIFICATIONS.—The

owner or operator of any such powerplant may at any time amend any certification under subsection (a) or (c) in order to take into account changes in relevant facts and circumstances; except that no such amendment to such a certification may be made after the date of any final prohibition under subsection (b) or (c) based on that certification.". (b) Section 711 of the Powerplant and Industrial Fuel Use Act of 1978 (42 U.S.C. 8421) is amended by adding at the end thereof the following new subsection: "(c) NATURAL GAS USAGE BY ELECTRIC UTIUTIES.—(1) For purposes

of section 404(b) and other emergency authorities, the Secretary shall 42 USC 8374. obtain data necessary to determine— "(A) within 6 months after the date of the enactment of this subsection, the total quantities of natural gas used as a primary energy source by each electric utility during calendar year 1977, and

9-194 O—82

41: QL3

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