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Page:United States Statutes at Large Volume 101 Part 1.djvu/336

 101 STAT. 306

PUBLIC LAW 100-38—MAY 13, 1987

Public Law 100-38 100th Congress An Act May 13, 1987 [S. 1167] Stewart B. McKinney National Wildlife Refuge Designation Act of 1987. 16 USC 668dd note.

To change the name of the "Connecticut Coastal National Wildlife Refuge" to the "Stewart B. McKinney National Wildlife Refuge".

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE.

This Act may be cited as the "Stewart B. McKinney National Wildlife Refuge Designation Act of 1987". SEC. 2. NAME CHANGE OF THE REFUGE.

The Connecticut Coastal National Wildlife Refuge, as established by Public Law 98-548, is hereby redesignated as the "Stewart B. McKinney National Wildlife Refuge". SEC. 3. AUTHORIZATION TO THE SECRETARY.

In order to carry out the provisions of this Act, the Secretary of the Interior is authorized and directed to provide such modifications to maps, signs, and other references and structures to properly reflect such redesignation. SEC. 4. AUTHORIZATION TO ACCEPT FUTURE MEMORIALS.

The Secretary is authorized to accept future memorials to be placed in the Stewart B. McKinney National Wildlife Refuge describing the contributions of Stewart B. McKinney to the Nation. SEC. 5. AUTHORIZATION OF FUNDS.

There are authorized to be appropriated such sums as may be necessary to carry out the provisions of this Act. Approved May 13, 1987.

^rf*.a,,L/ LEGISLATIVE HISTORY—S. 1167 (H.R. 2334): CONGRESSIONAL RECORD, Vol. 133 (1987): May 8, considered and passed Senate. H.R. 2334 considered and passed House; proceedings vacated and S. 1167 passed in lieu.

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Page:United States Statutes at Large Volume 101 Part 1.djvu/337

 PUBLIC LAW 100-39—MAY 14, 1987 Public Law 100-39 100th Congress

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101 STAT. 307 .«

Joint Resolution To authorize and request the President to issue a proclamation designating May 8 through May 10, 1987, as "Jewish Heritage Week".

Whereas the Congress recognizes that an understanding of the heritage of all American ethnic groups contributes to the unity of our country; Whereas intergroup understanding can be further fostered through an appreciation of the culture, history, and traditions of the Jewish community and the contributions of Jews to our country and society; and Whereas the months of April and May contain events of major significance in the Jewish calendar—Passover, the anniversary of the Warsaw Ghetto Uprising, Israeli Independence Day, Solidarity Sunday for Soviet Jewry, and Jerusalem Day: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the President is authorized and requested to issue a proclamation designating May 3 through May 10, 1987, as "Jewish Heritage Week" and calling upon the people of the United States, State and local government agencies, and interested organizations to observe that week with appropriate ceremonies, activities, and programs. Approved May 14, 1987.

LEGISLATIVE HISTORY—H.J. Res, 67: CONGRESSIONAL RECORD, Vol. 133 (1987); Apr. 22, considered and passed House. May 7, considered and passed Senate,

May 14, 1987 [H.J. Res. 67]

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Page:United States Statutes at Large Volume 101 Part 1.djvu/338

 101 STAT. 308

PUBLIC LAW 100-40—MAY 15, 1987

Public Law 100-40 100th Congress

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May 15, 1987 [H.R. 2360]

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A n Act

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To provide for a temporary increase in the public debt limit.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) during the period beginning on the date of the enactment of this Act and ending on July 17, 1987, the public debt limit set forth in subsection (b) of section 3101 of title 31, United States Code, shall be equal to $2,320,000,000,000. (b) Effective on and after the date of the enactment of this Act, section 8201 of the Omnibus Budget Reconciliation Act of 1986 is hereby repealed. - Approvea may xo, i » o (. '

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Page:United States Statutes at Large Volume 101 Part 1.djvu/339

 PUBLIC LAW 100-41—MAY 15, 1987

101 STAT. 309

Public Law 100-41 100th Congress An Act To extend certain protections under title 11 of the United States Code, the Bankruptcy Code.

May 15, 1987 [S. 903]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That section 608(a) fsisna of Public Law 99-591 (100 Stat. 3341-74), and section 2(a) of Public Law 99-656 (100 Stat. 3668) are amended by striking out n use iioe "May 15, 1987" each place it appears and inserting in lieu thereof "*® °^ "September 15, 1987". Approved May 15, 1987.

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CONGRESSIONAL RECORD, Vol. 133 (1987): Apr. 10, considered and passed Senate. Apr. 30, considered and passed House. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 23 (1987): May 15, Presidential statement.

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Page:United States Statutes at Large Volume 101 Part 1.djvu/340

 101 STAT. 310

PUBLIC LAW 100-42—MAY 21, 1987

Public Law 100-42 100th Congress

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An Act May 21, 1987 [H.R. 1941]

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To repeal and amend certain sections of the Powerplant and Industrial Fuel Use Act of 1978.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. REPEAL OF CERTAIN SECTIONS OF THE POWERPLANT AND INDUSTRIAL FUEL USE ACT OF 1978.

(a) IN GENERAL.—The following provisions of the Powerplant and Industrial Fuel Use Act of 1978 (42 U.S.C. 8301 et seq.) are repealed: (1) Section 202 (42 U.S.C. 8312). (2) Section 302 (42 U.S.C. 8342). (3) Section 401 (42 U.S.C. 8371). (4) Section 402 (42 U.S.C. 8372). (5) Section 405 (42 U.S.C. 8375). (6)TitleV(42 U.S.C.8391). (7) Section 801 (42 U.S.C. 8481). (b) CLERICAL AMENDMENT.—The table of contents in section 101(b) of the Powerplant and Industrial Fuel Use Act of 1978 is amended by striking the items relating to the provisions repealed by subsection (a) of this section. (c) CONFORMING AMENDMENTS.—(1) Section 102 of the Powerplant and Industrial Fuel Use Act of 1978 (42 U.S.C. 8301) is amended— (A) by striking "and major fuel-burning installations" wherever it appears; and (B) in subsection (b), by striking paragraphs (2) and (6) and redesignating paragraphs (3), (4), (5), (7), (8), (9), (10), (11), and (12) as paragraphs (2), (3), (4), (5), (6), (7), (8), (9), and (10), respectively. (2) Section 103 of the Powerplant and Industrial Fuel Use Act of 1978 (42 U.S.C. 8302) is amended— (A) in subsection (a)(13)(B)— (i) by striking clause (ii)(III); (ii) by striking "; or" at the end of clause (ii)(II) and inserting a period; and (iii) by inserting "and" at the end of clause (iiXD; (B) in subsection (a)(15), by striking "or major fuel-burning installation"; (C) in subsection (a)(16), by striking "or installation" each place it appears; (D) in subsection (a)(19), by striking "or a m ^ o r fuel-burning installation"; (E) in subsection (a)(20), by striking "or major fuel-burning installation"; (F) in subsection 03), by striking "or major fuel-burning installation" wherever it appears; (G) in subsection 0)X1XD), by striking all after "synthetic gas involved" and inserting a period; and (H) by striking subsection 05X3).

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Page:United States Statutes at Large Volume 101 Part 1.djvu/341

 PUBLIC LAW 100-42—MAY 21, 1987

101 STAT. 311

(3) Section 104 of the Powerplant and Industrial Fuel Use Act of 1978 (42 U.S.C. 8303) is amended to read as follows: "SEC. 104. TERRITORIAL APPLICATION.

"The provisions of this Act shall onlv apply within the contiguous 48 States and the District of Columbia.. (4)(A) Section 201 of the Powerplant and Industrial Fuel Use Act of 1978 (42 U.S.C. 8311) is amended to read as follows: "SEC. 20L COAL CAPABILITY OF NEW ELECTRIC POWERPLANTS; CERTIFICATION OF COMPLIANCE.

"(a) GENERAL PROHIBITION.—Except to such extent as may be authorized under subtitle B, no new electric powerplant may be constructed or operated as a base load powerplant without the capability to use coal or another alternate fuel as a primary energy source. "(b) CAPABILITY TO U S E COAL OR ALTERNATE FUEL.—An electric powerplant has the capability to use coal or another alternate fuel for purposes of this section if such electric powerplant— (1) has sufficient inherent design characteristics to permit the addition of equipment (including all necessary pollution devices) necessary to render such electric powerplant capable of using coal or another alternate fuel as its primary energy source; and "(2) is not physically, structurally, or technologically precluded from using coal or another alternate fuel as its primary energy source. Capability to use coal or another alternate fuel shall not be interpreted to require any such powerplant to be immediately able to use coal or another alternate fuel as its primary energy source on its initial day of operation. "(c) APPLICABILITY TO BASE LOAD POWERPLANTS.—(1) This section shall apply only to base load powerplants, and shall not apply to peakload powerplants or intermediate load powerplants. "(2) For the purposes of this section, hours of electrical generation pursuant to emergency situations, as defined by the Secretary and reported to the Secretary, shall not be included in a determination of whether a powerplant is being operated as a base load powerplant. "(d) SELF-CERTIFICATION.—(1) In order to meet the requirement of subsection (a), the owner or operator of any new electric powerplant to be operated as a base load powerplant proposing to use natural as or petroleum as its primary energy source shall certify to the ecretary prior to construction, or prior to operation as a base load powerplant in the case of a new electric powerplant operated as a peakload powerplant or intermediate load powerplant, that such powerplant has capability to use coal or another alternate fuel, within the meaning of subsection (b). Such certification shall be effective to establish compliance with the requirement of subsection (a) as of the date it is filed with the Secretary. Within 15 days after receipt of a certification submitted pursuant to this paragraph, the Secretary shall publish in the Federal Register a notice reciting that the certification has been filed. "(2) The Secretary, within 60 days after the filing of a certification under paragraph (1), may require the owner or operator of such powerplant to provide such supporting documents as may be necessary to verify the certification..

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Natural gas. Petroleum and petroleum products.

Federal Register, publication.

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Page:United States Statutes at Large Volume 101 Part 1.djvu/342

 101 STAT. 312

PUBLIC LAW 100-42—MAY 21, 1987

(B) The item relating to section 201 in the table of contents in section 101(b) of the Powerplant and Industrial Fuel Use Act of 1978 is amended to read as follows: "Sec. 201. Coal capability of new electric powerplants; certification of compliance.".

(5) Section 211 of the Powerplant and Industrial Fuel Use Act of 1978 (42 U.S.C. 8321) is amended— (A) by striking "or installation from one or more of and inserting "from" each place it appears; (B) by striking "or installation wherever it appears; ^ 48" (C) in subsection (a)(1), by striking "using imported petroj leum" and inserting "the fuel that would be used"; (D) in subsection (a)(3), by striking "or 202"; and (E) by striking subsections (c) and (d). (6) Section 212 of the Powerplant and Industrial Fuel Use Act of 1978 (42 U.S.C. 8322) is amended— (A) by striking "or installation from one or more of each place it appears and inserting "from"; (B) by striking "or installation" each place it appears; >'^ (C) in subsection (a)(1)(A), by striking "using imported petroi leum" and inserting "the fuel that would be used"; '^ (D) in subsection (a)(2), by striking all that follows "paragraph (1) shall" through "new electric powerplant,"; (E) by striking subsection (a)(3); -A"" (F) in subsection (b)(2), by striking "in the case of a powerplant,"; ^ "•*-'•'-•' •- -"--•ra" (G) in subsection (d)— (i) by striking "(1)" after the subsection heading; -^ (ii) by striking paragraph (2); and ^' ^ (iii) by redesignating subparagraphs (A) and (B) as paragraphs (1) and (2), respectively; and (H) by striking subsections (g), (h), (i), and (j). (7) Section 213 of the Powerplant and Industrial Fuel Use Act of 1978 (42 U.S.C. 8323) is amended— (A) in subsections (a) and (c)(D, by striking "or (g)"; (B) in subsection (a), by striking or installation '; and (C) by amending subsection (b) to read as follows: "(b) STATE APPROVAL REQUIRED FOR POWERPLANT.—If the appropriate State regulatory authority has not approved a powerplant for ( ^ which a petition has been filed, such exemption, to the extent it applies to the prohibition under section 201 against construction without the capability of using coal or another alternate fuel, shall not take effect until all approvals required by such State regulatory authority which relate to construction have been obtained.". (8) Section 214(a) of the Powerplant and Industrial Fuel Use Act of 1978 (42 U.S.C. 8324(a)) is amended by striking "or installation". (9) Section 303 of the Powerplant and Industrial Fuel Use Act of 1978 (42 U.S.C. 8343) is amended— .,..,,.J, (A) by striking "or installation" and "or installations" wher-ii^ ^. ever they appear; ->
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(B) in subsection (a)(1) by striking "or 302"; (C) by striking subsection (a)(3); .j c'^ (D) by amending subsection (b)(1) to read as follows: Natural gas. "(1) The Secretary may prohibit, by rule, the use of natural gas or Petroleum and petrolcum Under section 301(b) in existing electric powerplants."; products.

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Page:United States Statutes at Large Volume 101 Part 1.djvu/343

 PUBLIC LAW 100-42—MAY 21, 1987

101 STAT. 313

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(E) by amending the last sentence of subsection (b)(3) to read as follows: "Any such rules shall not apply in the Case of any existing electric powerplant with respect to which a comparable prohibition was issued by order.". (10) Subtitle B of title III of the Powerplant and Industrial Fuel Use Act of 1978 (42 U.S.C. 8351-8354) is amended by striking "or installation" each place it appears. (11) Section 311(a)(3) of the Powerplant and Industrial Fuel Use Act of 1978 (42 U.S.C. 8351(a)(3)) is amended by striking "or 302". (12) Section 312 of the Powerplant and Industrial Fuel Use Act of 1978 (42 U.S.C. 8352) is amended— (A) by striking subsection (d)(2); (B) in subsection (d)(3), by striking "In the case of an existing electric powerplant, the" and inserting "The"; and (C) by striking subsections (j), (k), and (1). (13) Section 313(a) of the Powerplant and Industrial Fuel Use Act of 1978 (42 U.S.C. 8353(a)) is amended by striking "(i), or 0')" and inserting "or (i)". (14) Section 403 of the Powerplant and Industrial Fuel Use Act of 1978 (42 U.S.C. 8373) is amended— (A) in subsection (a)(D, by striking ", major fuel-burning installation, or other unit" and ", installation, or unit"; (B) in subsection (a)(2), by striking ", installation, or other unit" and ", installation, or unit"; (C) in subsection (a)(2), by striking the last sentence; and (D) by striking subsection (a)(3). (15) Section 404 of the Powerplant and Industrial Fuel Use Act of 1978 (42 U.S.C. 8374) is amended by striking subsection (g). (16) Section 701 of the Powerplant and Industrial Fuel Use Act of 1978 (42 U.S.C. 8411) is amended— (A) in subsection (b), by striking "(other than under section 402)" and "or installation'^'; (B) in subsection (c)— (i) by striking "or permit" each place it appears; (ii) by striking "or for any permit under section 405," in p a r ^ a p h (1); (iii) by striking "or, where appropriate, major fuel-burning installation" in paragraph (2); and (iv) by striking paragraph (4); (C) in the first sentence of subsection (d)(l)— (i) by striking "(or permit)"; and (ii) by striking "(other than under section 402)"; (D) in subsection (f), by striking "402 or" both places it appears; and (E) by striking subsection (g). (17) Section 711 of the Powerplant and Industrial Fuel Use Act of 1978 (42 U.S.C. 8421) is amended by striking in the first sentence of subsection (a), "or major fuel-burning installation". (18) Section 721 of the Powerplant and Industrial Fuel Use Act of 1978 (42 U.S.C. 8431) is amended by striking subsection (c). (19) Section 722 of the Powerplant and Industrial Fuel Use Act of 1978 (42 U.S.C. 8432) is amended by striking "(other than section 402)". (20) Section 723 of the Powerplant and Industrial Fuel Use Act of 1978 (42 U.S.C. 8433) is amended— (A) in subsection (a), by striking "(other than section 402)"; (B) in subsection 0)), by striking (1)"; and

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Page:United States Statutes at Large Volume 101 Part 1.djvu/344

 101 STAT. 314

PUBLIC LAW 100-42—MAY 21, 1987

(C) by striking subsections (b)(2) and (c). (21) Section 731 of the Powerplant and Industrial Fuel Use Act of 1978 (42 US.C. 8441) is amended— (A) in subsections (a)(1) and (g)(3), by striking "title II or"; and (B) in subsection (e)(D, by striking "or major fuel-burning installation" and "or major fuel burning installation". (22) Section 745 of the Powerplant and Industrial Fuel Use Act of 1978 (42 U.S.C. 8455) is amended by striking in the first sentence of subsection (a) "and major fuel-burning installations". (23) Section 761(a) of the Powerplant and Industrial Fuel Use Act of 1978 (42 U.S.C. 8471(a)) is amended by striking "or major fuelburning installation". (24) Section 763 of the Powerplant and Industrial Fuel Use Act of 1978 (42 U.S.C. 8473) is amended— (A) by striking "or major fuel-burning installation" each place it appears; and (B) by striking paragraph (2)(B). ' Natural gas.

15 USC 3341 note.

15 USC 3341 note.

SEC. 2. REPEAL OF INCREMENTAL PRICING REQUIREMENTS.

(a) REPEAL.—Subject to subsections (b) and (c) of this section, title II of the Natural Gas Policy Act of 1978 (15 U.S.C. 3341-3348) is repealed, and the items relating to title II are stricken from the table of contents of that Act. (b) LIMITED CONTINUING EFFECT OF RULES.—A rule promulgated by the Federal Energy Regulatory Commission, under title II of the Natural Gas Policy Act of 1978 shall continue in effect only with respect to the flowthrough of costs incurred before the enactment of this section, including any surcharges based on such costs. (c) IMPLEMENTATION.—The Federal Energy Regulatory Commission may take appropriate action to implement this section. Approved May 21, 1987.

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Ji asrmfo to., k LEGISLATIVE HISTORY—H.R. 1941 (S. 85): HOUSE REPORTS: No. 100-78 (Comm. on Energy and eommerce). SENATE REPORTS: No. 100-30 accompanying S. 85 (Comm. on Energy and Natural Resources). CONGRESSIONAL RECORD, Vol. 133 (1987): May 4, considered and passed House. .-;, j j ^^ y^^p ']"'" May 7, considered and passed Senate. n... WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 23 (1987): H May 21, Presidential remarks.

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Page:United States Statutes at Large Volume 101 Part 1.djvu/345

 PUBLIC LAW 100-43—MAY 22, 1987

101 STAT. 315

Public Law 100-43 100th Congress An Act To amend title 5, United States Code, to provide for procedures for the investment and payment of interest of funds in the Thrift Savings Fund when restrictions on such investments and payments are caused by the statutory public debt limit.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Thrift Savings Fund Investment Act of 1987'. SEC. 2. THRIFT SAVINGS INVESTMENT.

(a) INVESTMENT AND RESTORATION OF THE FUND.—Section 8438 of title 5, United States Code, is amended by adding at the end the following new subsection: "(h)(1) Notwithstanding subsection (f) of this section, the Secretary of the Treasury may suspend the issuance of additional amounts of obligations of the United States, if such issuances could not be made without causing the public debt of the United States to exceed the public debt limit, as determined by the Secretary of the Treasury. "(2) Any issuances of obligations to the Government Securities Investment Fund which, solely by reason of the public debt limit are not issued, shall be issued under subsection (f) by the Secretary of the Treasury as soon as such issuances can be issued without exceeding the public debt limit. "(3) Upon expiration of the debt issuance suspension period, the Secretary of the Treasury shall immediately issue to the Government Securities Investment Fund obligations under chapter 31 of title 31 that (notwithstanding subsection (f)(2) of this section) bear such interest rates and maturity dates as are necessary to ensure that, after such obligations are issued, the holdings of obligations of the United States by the Government Securities Investment Fund will replicate the obligations that would then be held by the Government Securities Investment Fund under the procedure set forth in paragraph (5), if the suspension of issuances under paragraph (1) of this subsection had not occurred. "(4) On the first business day after the expiration of any debt issuance suspension period, the Secretary of the Treasury shall pay to the Government Securities Investment Fund, from amounts in the general fund of the Treasury of the United States not otherwise appropriated, an amount equal to the excess of the net amount of interest that would have been earned by the Government Securities Investment Fund from obligations of the United States during such debt issuance suspension period if— "(A) amounts in the Government Securities Investment Fund that were available for investment in obligations of the United States and were not invested during such debt issuance suspension period solely by. reason of the public debt limit had been invested under the procedure set forth in paragraph (5), over "(B) the net amount of interest actually earned by the Government Securities Investment Fund from obligations of the United States during such debt issuance suspension period.

May 22, 1987 [S. 1177]

Thrift Savings Fund Investment Act of 1987. Government organization and employees. 5 USC 8401 note.

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Page:United States Statutes at Large Volume 101 Part 1.djvu/346

 101 STAT. 316

PUBLIC LAW 100-43—MAY 22, 1987

"(5) On each business day during the debt limit suspension period, the Executive Director shall notify the Secretary of the Treasury of the amounts, by maturity, that would have been invested or redeemed each day had the debt issuance suspension period not occurred. " "(6) For purposes of this subsection and subsection (i) of this ! section— "(A) the term 'public debt limit' means the limitation imposed by section 3101(b) of title 31; and .•..;vr«- -ti».:;' "(B) the term 'debt issuance suspension period' means any ^;'j period for which the Secretary of the Treasury determines for purposes of this subsection that the issuance of obligations of the United States may not be made without exceeding the public debt limit.", (b)

REPORTS REGARDING

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FUND.—Section 8438 of title 5, United States Code, as amended by subsection (a), is further amended by adding at the end the following new subsection: "(i)(l) The Secretary of the Treasury shall report to Congress on the operation and status of the Thrift Savings Fund during each debt issuance suspension period for which the Secretary is required to take action under paragraph (3) or (4) of subsection (h) of this section. The report shall be submitted as soon as possible after the expiration of such period, but not later than 30 days after the first business day after the expiration of such period. The Secretary shall concurrently transmit a copy of such report to the Executive Director and the Comptroller General of the United States. "(2) Whenever the Secretary of the Treasury determines that, by reason of the public debt limit, the Secretary will be unable to fully comply with the requirements of subsection (f) of this section, the Secretary shall immediately notify Congress and the Executive Director of the determination. The notification shall be made in writing.". Approved May 22, 1987. rf t i t

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Page:United States Statutes at Large Volume 101 Part 1.djvu/347

 PUBLIC LAW 100-44—MAY 23, 1987 Public Law 100-44 100th Congress

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Joint Resolution Designating May 25, 1987, as "National Day of Mourning for the Victims of the U.S.S. stark".

Whereas the U.S.S. Stark, a frigate in the United States Navy on duty in the Persian Gulf, was struck by Iraqi missiles on May 17, 1987; Whereas the missile attack killed 37 crewmembers of the U.S.S. Stark and injured another 15 crewmembers; Whereas the people of the United States share the loss and grief being experienced by the families of the crewmembers killed or injured in the attack; and Whereas Memorial Day is observed May 25 1987, and commemorates the courageous men and women who have given their lives - in the service of the United States: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That May 25, 1987, is hereby designated as "National Day of Mourning for the Victims of the U.S.S. Stark" in honor of the courageous crewmembers of the U.S.S. Stark who were killed or injured in the attack upon the U.S.S. Stark, and the President is authorized and requested to issue a proclamation calling upon the people of the United States to observe such day with appropriate ceremonies and activities. Approved May 23, 1987.

May 23, 1987 [H.J. Res. 290]

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Page:United States Statutes at Large Volume 101 Part 1.djvu/348

 101 STAT. 318

PUBLIC LAW 100-45—MAY 27, 1987

Public Law 100-45 100th Congress

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An Act May 27, 1987 [H.R. 1157]

Farm Disaster Assistance Act of 1987. Agriculture and agricultural commodities. 7 USC 1421 note.

Conservation.

Conservation. Loans.

Conservation.

To provide for an acreage diversion program applicable to producers of the crop of winter wheat harvested in 1987, and otherwise to extend assistance to farmers adversely affected by natural disasters in 1986.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Farm Disaster Assistance Act of 1987". h:r#i as

WHEAT ACREAGE DIVERSION

SEC. 2. Effective only for the 1987 crop of wheat, section 107D(c)(l)(C) of the Agricultural Act of 1949 (7 U.S.C. 1445b3(c)(l)(C)) is amended by— (1) in clause (i)— (A) inserting ", or all of such permitted acreage (as provided in subclauses (II), (III), and (IV) of clause (ii))," after "permitted wheat acreage of the farm for the crop"; and (B) in subclause (I) thereof, inserting "(or all)" after "such portion"; (2) in clause (ii)— i>;. r (A) inserting "(I)" after the clause designation; (B) inserting "subclauses (II), (III), and (IV) of this clause and" before "clauses (iii) and (vii)"; and (C) adding at the end thereof the following: "(II) "Effective for the 1987 crop, producers of winter wheat on a farm shall not be subject to the 50 percent planting requirement, and may devote all or any portion of the farm's 1987 winter wheat permitted acreage to conservation uses (or other uses as provided in subparagraph (K)) under the program under this subparagraph. "(Ill) Effective for the 1987 crop, producers of wheat on a farm shall not be subject to the 50 percent planting requirement, and may devote all or any portion of the farm's 1987 permitted wheat acreage to conservation uses (or other uses as provided in subparagraph (K)) under the program under this subparagraph, if the farm is, during the normal planting season for such crop, subject to flooding on at least 50 percent of the permitted wheat acreage of the farm as the result of damage to a levee from flooding that occurred in 1986 and the farm is located in a county in which producers were eligible to receive disaster emergency loans under section 321 of the Consolidated Farm and Rural Development Act (7 U.S.C. 1961) as a result of such disaster. "(IV) Effective for the 1987 crop, producers of wheat on a farm shall not be subject to the 50 percent planting requirement, and may devote all or any portion of the farm's 1987 permitted wheat acreage to conservation uses (or other uses as provided in subparagraph (K)) under the program under this subparagraph, if the producers on the farm are prevented from planting such acreage, if intended for wheat, to wheat for harvest in 1987 because of a natural disaster in JWi£*? IsKrt

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Page:United States Statutes at Large Volume 101 Part 1.djvu/349

 PUBLIC LAW 100-45—MAY 27, 1987

101 STAT. 319

1986 and the farm is located in a county in which producers were eligible to receive disaster emergency loans under section 321 of the Consolidated Farm and Rural Development Act (7 U.S.C. 1961) as a result of such disaster."; and (3) in clause (iv)— (A) inserting "(or all)" after "such portion"; and (B) inserting "under this subparagraph" after "subparagraph (K))". •^'

FEED GRAIN ACREAGE DIVERSION

SEC. 3. Effective only for the 1987 crop of feed grains, section 105C(c)(l)(B) of the Agricultural Act of 1949 (7 U.S.C. 1444e(c)(l)(B)) is amended by— (1) in clause (i)— (A) inserting ", or all of such permitted acreage (as provided in the second sentence of clause (ii))," after "permitted feed grain acreage of the farm for the crop"; and (B) in subclause (I) thereof, inserting "(or all)" after "such portion";

(2) in clause (ii)— ^' (A) inserting "the following sentence and" before "clause ' •« ^ -^^^ " (iii)"; and (B) adding at the end thereof the following: "Effective for Conservation. ^* the 1987 crop, producers of feed grains on a farm shall not Loans. ^ be subject to the 50 percent planting requirement, and may devote all or any portion of the farm's 1987 permitted feed rt3u grain acreage to conservation uses (or other uses as provided in subparagraph (I)) under the program under this paragraph, if the farm is, during the normal planting season for such crop, subject to flooding on at least 50 percent of the permitted feed grain acreage of the farm as y^ the result of damage to a levee from flooding that occurred in 1986 and the farm is located in a county in which ic---''-rt«; ^a producers were eligible to receive disaster emergency loans '^ ^ under section 321 of the Consolidated Farm and Rural ^' Development Act (7 U.S.C. 1961) as a result of such disas1 ter."; and (3) in clause (iv)— (A) inserting "(or all)" after "such portion"; and (B) inserting "under this subparagraph" after "subpara. graph (I))". ^^

COTTON ACREAGE DIVERSION

>

SEC. 4. Effective only for the 1987 crop of upland cotton, section 103A(c)(l)(B) of the Agricultural Act of 1949 (7 U.S.C. 1444-l(c)(l)(B)) is amended by— (1) in clause (i)— (A) inserting ", or all of such permitted acreage (as provided in subclause (II) of clause (ii))," after "permitted upland cotton acreage of the farm for the crop"; and '" (B) in subclause (I), inserting "(or all) after "such portion"; (2) in clause (ii)— ' (A) inserting "(I)" after the clause designation; -'*' (B) inserting "subclause (II) and" before "clause (iii)"; and

^"'

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Page:United States Statutes at Large Volume 101 Part 1.djvu/350

 101 STAT. 320 Conservation. Loans.

PUBLIC LAW 100-45—MAY 27, 1987

(C) adding at the end thereof the following new subclause: "(II) Effective for the 1987 crop, producers of upland cotton on a farm shall not be subject to the 50 percent planting requirement, and may devote all or any portion of the farm's 1987 permitted upland cotton acreage to conservation uses (or other uses as provided in subparagraph (G)) under the program under this subparagraph, if the farm is, during the normal planting season for such crop, subject to flooding on at least 50 percent of the permitted upland cotton acreage of the farm as the result of damage to a levee from flooding that occurred in 1986 and the farm is located in a county in which producers are eligible to receive disaster emergency loans under section 321 of the Consolidated Farm and Rural Development Act (7 U.S.C. 1961) as a result of such disaster."; and (3) in clause (iv)— ^c (A) inserting "(or all)" after "such portion"; and (B) inserting "under this subparagraph" after "subparagraph (G))". RICE ACREAGE DIVERSION

7 USC 1441-1.

Mai.

Conservation. Loans.

SEC. 5. Effective only for the 1987 crop of rice, section 101A(c)(l)(B) of the Agricultural Act of 1949 (7 U.S.C. 1444-l(c)(l)(B)) is amended by(1) in clause (i)— (A) inserting ", or all of such permitted acreage (as provided in subclause (II) of clause (ii))," after "permitted rice acreage of the farm for the crop"; and (B) in subclause (I), inserting "(or all)" after "such portion"; (2) in clause (ii)— (A) inserting "(I)" after the clause designation; (B) inserting "subclause (II) and" before "clause (iii)"; and (C) adding at the end thereof the following new subclause: "(II) Effective for the 1987 crop, producers of rice on a farm shall not be subject to the 50 percent planting requirement, and may devote all or any portion of the farm's 1987 permitted rice acreage to conservation uses (or other uses as provided in subparagraph (G)) under the program under this subparagraph, if the farm is, during the normal planting season for such crop, subject to flooding on at least 50 percent of the permitted rice acreage of the farm as the result of damage to a levee from flooding that occurred in 1986 and the farm is located in a county in which producers are eligible to receive disaster emergency loans under section 321 of the Consolidated Farm and Rural Development Act (7 U.S.C. 1961) as a result of such disaster."; and (3) in clause (iv)— - - - — " ': -^* "-'^ • fn • ^^rr^:.:T*^ - --> {{iihi!^: (A) inserting "(or all)" after "such portion"; and (B) inserting "under this subparagraph" after "subparagraph (G))". belli m.

Claims. Securities.

FULL PAYMENTS FOR DISASTER LOSSES

SEC. 6. Notwithstanding any other provision of law, the Secretary of Agriculture shall make full payment in the form of generic negotiable commodity certificates to eligible producers, using funds, facilities, and authorities of the Commodity Credit Corporation, on all qualifying claims for assistance under section 633(B) of the

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Page:United States Statutes at Large Volume 101 Part 1.djvu/351

 PUBLIC LAW 100-45—MAY 27, 1987

101 STAT. 321

Agriculture, Rursil Development, and Related Agencies Appropriations Act, 1987, as included in section 101(a) of Public Laws 99-500 100 Stat. and 99-591, and as amended by sections 7 and 11 of this Act, to the 334^130' extent provided in advance in an appropriation Act. To the extent 100 Stat. 1783. that partial payment on any such claim has been made prior to the 100 Stat. 3341. date of enactment of this Act, the Secretary shall provide a supplemental payment to the producer under this section, as soon as practicable after the date of enactment of this Act, to cover the difference between the partial payment and the amount of the full . JAISM claim. DISASTER PAYMENTS

SEC. 7. Section 633(B) of the Agriculture, Rural Development, and Related Agencies Appropriations Act, 1987, as included in section 101(a) of Public Laws 99-500 and 99-591, is amended by— 100 Stat. (1) in subsection (a)(5)1783-30, . (A) amending clause (ii) of subparagraph (B) to read as ^ follows: ^, "(ii) with respect to soybeans, peanuts, sugar beets, and sugarcane— i "(I) except as provided in subclause (III), with respect to soybeans and peanuts, the acreage so affected but not to /^^., exceed the acreage planted in the immediately preceding 1, year to soybeans or peanuts, respectively, for harvest '' including any acreage that the producer was prevented from planting to such commodity or to other nonconserving crops in lieu of soybeans or peanuts because of drought, ^^^,, excessive moisture, flood, hail, or other natural disaster, or . j^ ''""^ other condition beyond the control of the producer; ^^^ ' A, "(II) with respect to sugar beets and sugarcane (including ^. sugar beets or sugarcane produced by those producers who J, did not plant acreage to sugar beets or sugarcane during 1985 as the result of the bankruptcy of the Great Western wism. Sugar Company), the acreage so affected; and ^ " (III) with respect to producers of soybeans and peanuts ^ whose plantings of such commodities in 1985 were either prevented or below normal levels because of rotation prac'j., tices carried out by such producers, the acreage so affected 1^' but not to exceed a quantity of acreage based on the " historical plantings of such commodities as determined by the county committee established under section 8(b) of the Soil Conservation and Domestic Allotment Act (16 U.S.C. 590h(b))."; and (B) adding at the end thereof the following: "(C) Any payments made available in accordance with subclause (II) or (III) of subparagraph (B)(ii) may be made only to the extent such payments are provided for in advance in an appropriation Act, as authorized under section 6 of the Farm Disaster Assistance Act of 1987."; (2) in paragraph (1) of subsection (c), inserting "(including hay ' Jon isd 08IJ s w and straw that was harvested in 1986, stored on a field, and removed from the field by a flood)" after "commercial crops";

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Page:United States Statutes at Large Volume 101 Part 1.djvu/352

 101 STAT. 322

^ ••.{-.,.

Maine.

Maine.

PUBLIC LAW 100-45—MAY 27, 1987

(3) striking out "1987." in paragraph (2) of subsection (d) and inserting in lieu thereof the following: "1987, except as provided in the following sentence. Applications for payments— "(A) with respect to hay and straw referred to in subsection (c)(1) and crops of apples damaged by freezing; "(B) made by producers under the last sentence of subsection (a)(SXAXii) or under subclause (II) or (III) of subsection (a)(5)(B)(ii); and "(C) with respect to program or nonprogram crops produced in the State of Maine, must be filed on or before the date that is 30 days after the date of enactment of the Farm Disaster Assistance Act of 1987."; (4) adding at the end of subsection (e) the following: "(3) With respect to losses of hay and straw referred to in subsection (c)(D— "(A) payments may be made to producers only to the extent payments under this section are provided for in advance in an appropriation Act, as authorized under section 6 of the Farm Disaster Assistance Act of 1987; "(B) the total amount of payments made to all producers may not exceed $1,000,000; and "(C) the total amount of payments made to an individual producer may not exceed $20,000. "(4) With respect to losses of apple crops under subsection (b), payments may be made to producers only to the extent payments under this section are provided for in advance in an appropriation Act, as authorized under section 6 of the Farm Disaster Assistance Act of 1987. "(5) With respect to losses of program or nonprogram crops produced in the State of Maine— "(A) payments may be made to producers only to the extent payments under this section are provided for in advance in an appropriation Act, as authorized under section 6 of the Farm Disaster Assistance Act of 1987; and "(B) the total amount of payments made to all producers may not exceed $1,000,000."; and (5)(A) in paragraph (1) of subsection (b), inserting "and (with respect to apple crops) freeze," after "excessive moisture,"; (B) in paragraph (2)(A) of subsection (b) inserting "or (with respect to apple crops) freeze," after "excessive moisture,"; and (C) in paragraph (I)(B) of subsection (c), inserting "freeze" after "excessive moisture,". AUTHORIZATION NOT TO INCREASE THE DEFICIT

SEC. 8. Each appropriation made pursuant to authorizations in this Act and any new appropriation for an expenditure of funds by the Department of Agriculture (whether in a general, supplemental, or continuing appropriation Act) shall be made in accordance with the provisions of the Congressional Budget and Impoundment Con2 USC 621 note, trol Act (which prohibits the consideration by Congress of any bill that would cause the deficit of the United States Government to exceed the levels established by the Balanced Budget and Emer2 USC 901 note, gency Deficit Control Act of 1985 (Gramm-Rudman-Hollings)), such that the appropriation does not increase the deficit of the United States Government for fiscal year 1987, and shall be made only if the expenditure is authorized by law.

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Page:United States Statutes at Large Volume 101 Part 1.djvu/353

 PUBLIC LAW 100-45—MAY 27, 1987 1.

101 STAT. 323

GREAT LAKES FLOOD EMERGENCY ASSISTANCE

SEC. 9. Section 5 of the Act of August 18, 1941 (33 U.S.C. TOln) is amended— (1) by redesignating subsection (a) as subsection (a)(1); and (2) by adding at the end of subsection (a)(1), as redesignated by this Act, the following new paragraph: "(2) In preparing a cost and benefit feasibility assessment for any emergency project described in paragraph (1), the Chief of Engineers shall consider the benefits to be gained by such project for the protection of— "(A) residential establishments; "(B) commercial establishments, including the protection of inventory; and f "(C) agricultural establishments, including the protection of crops.".

•

CONSERVATION RESERVE

SEC. 10. Section 1235(a) of the Food Security Act of 1985 should be reviewed by the Secretary of Agriculture to ensure that the provisions thereof relating to exceptions to the three-year ownership requirement with respect to eligibility for the conservation reserve are being implemented in a manner to encourage inclusion of producer-owned land in the conservation reserve. However, any such exception to the three-year requirement should be made only if the Secretary determines that the land involved (1) was not acquired for the purpose of placing the land in the conservation reserve or (2) otherwise meets the criteria for exceptions made under section 1235(a).

16 USC 3835.

UPLAND COTTON DISASTER P A Y M E N T S

SEC. 11. Section 633(B) of the Agriculture, Rural Development, and Related Agencies Appropriations Act, 1987, as included in section 101(a) of Public Laws 99-500 and 99-591, is amended by— (1) adding at the end of subsection (a)(5)(A)(ii) a new sentence as follows: "To ensure equitable treatment of all producers suffering losses, each county committee established under section 80t)) of the Soil Conservation and Domestic Allotment Act, in accordance with regulations established by the Secretary, shall make adjustments in the actual production on each farm of the 1986 upland cotton crop to reflect any reduction in the quality of such crop caused by drought, excessive heat, floods, hail, or excessive moisture in 1986."; and (2) adding a t the end of subsection (e), as amended by section 7 of this Act, the following: "(6) W i t h respect to payments based on adjustments m a d e to reflect any reduction in the quality of the 1986 upland cotton crop under subsection (a)— "(A) payments may be m a d e to producers only to the e x t e n t payments under t h i s section a r e provided for in advance in a n appropriation Act, as authorized under section 6 of the F a r m Disaster Assistance Act of 1987; and "(B) the total a m o u n t of payments m a d e to all producers may not exceed $15,000,000.".

91-194 O - 90 -12: QL.3 Part 1

100 Stat. oo4?~on' ^QO Stat. 1783 3341. 16 USC 590h.

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 PUBLIC LAW 100-45—MAY 27, 1987

101 STAT. 324

DESIGNATION OF CERTAIN LANDS AS WETLANDS UNDER WATER BANK ACT South Dakota.

SEC. 12. The Secretary of Agriculture shall designate as "wetlands", for purposes of section 3 of the Water Bank Act (16 U.S.C. 1302), areas in the Kingsbury, Hamlin, Lake, Miner, Brookings, and Codington Counties of the State of South Dakota that suffered from floods in 1986: Provided, That, notwithstanding the designation of such lands as wetlands, total payments to owners and operators under the Water Bank Program for lands in the State of South Dakota shall not exceed $1,243,000 during fiscal year 1987. I D 0ol^'>ttj

,aK8*

.ri'.)'

Reports.

•h'J;>

ETHANOL COST-EFFECTIVENESS STUDY

SEC. 13. (a) The Secretary of Agriculture shall, within 30 days after the date of enactment of this Act, establish a panel to conduct a study of the cost-effectiveness of ethanol production. (b) The panel shall consist of 7 members appointed by the Secretary, of which— (1) 4 members shall be persons who are representatives of— (A) feed grain producers; ^-, (B) feed grain processors; ^' (C) members of associations involved in the production ^^ and marketing of ethanol; and //•" (D) other related industries or institutions of higher edu:; cation, and both; and (2) no more than 2 of the remaining 3 members shall be employees of the Federal Government. .^ (c) The panel shall— - v^ (1) review and assess the economics and cost of production factors involved in the manufacture of ethanol in modern ethanol production facilities; •:>f (2) assess ethanol technology, production, and marketing '• advances that have enabled the ethanol industry to grow rapidly since the inception of the industry in 1980; (3) assess the economic effect on United States agriculture from fuel ethanol production from United States agricultural ' commodities; (4) review and analyze the tradeoffs between Federal production and marketing incentives for fuel ethanol and other agricultural programs designed to enhance farm income and adjust agricultural production; 5« (5) analyze the effect on the agricultural economy resulting from increasing levels of ethanol production, including in^ creased employment, increased tax receipts, expanded economic activity, export potential of residual products, and net costs or O savings; v Q < (6) analyze the effect fuel ethanol production has on agricultural prices and farm income; and ^f (7) analyze the effect of increased ethanol production on the 0/ balance of trade, energy security, and air quality in the United States. (d) Not later than 90 days after the date of enactment of this Act, the panel shall submit a report describing the results of the study to the Committee on Agriculture of the House of Representatives, the Committee on Agriculture, Nutrition, and Forestry of the Senate, and the Secretary of Agriculture.

•

K-')hni-a

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Page:United States Statutes at Large Volume 101 Part 1.djvu/355

 PUBLIC LAW 100-45—MAY 27, 1987 MARKETING LOAN REPORT

101 STAT. 325 ,.i / »

SEC. 14. If marketing loan programs are not established for the 1987 crops of wheat, feed grains, and soybeans under sections 107D(a)(5), 105C(a)(4), and 201(i)(3) of the Agricultural Act of 1949 (7 U.S.C. 1445b-3(a)(5), 1444e(a)(4), and 1446(i)(3)) before the date of enactment of this Act, the Secretary of Agriculture, no later than July 1, 1987, shall submit to the Committee on Agriculture of the House of Representatives and to the Committee on Agriculture, Nutrition, and Forestry of the Senate a report that contains— (Da statement of the reasons for not establishing marketing loan programs for the 1987 crops of wheat, feed grains, and soybeans; (2) a comparison o— f (A) the cost of the price support and production control programs for the 1987 crops of wheat, feed grains, and <^ soybeans; and (B) the cost of such programs if such marketing loan programs were established; loan programs for cotton and rice; (4) a comparison of— (A) the effectiveness of the c u r r e n t marketing loan programs for cotton and rice; and (B) the effectiveness of m a r k e t i n g loan programs that • ^ could be established by the Secretary for wheat, feed grains, and soybeans; (5) a n analysis of w h e the r the generic certificate program established by the Secretary produces the same effect on the price of exported grain a s would be achieved by establishing m a r k e t i n g loan programs; and (6) a n analysis of the effect a soybean marketing loan program would have on the m a r k e t s for sunflower and other oil seeds, situations in which a sunflower marketing loan program would be appropriate, and how such program would operate in conjunction with m a r k e t i n g loan programs for other commodities. '
 * ' " (3) a n analysis of the effectiveness of the existing marketing

HooiAsUss^ft

SUNFLOWER PRICE SUPPORT PROGRAM

SEC. 15. (a) Effective for the 1987 through 1990 crops of sunflowers, section 201 of the Agricultural Act of 1949 (7 U.S.C. 1446) is amended by CD in the first sentence, inserting "sunflower seeds," after "soybeans,"; and (2) adding a t the e n d thereof the following new subsection: "(1)(1) The Secretary may support the price of sunflower seeds Loans, through loans and purchases for each of the 1987 through 1990 crops of sunflowers a t such level a s the Secretary determines will t a k e into account the historical price relationship between sunflower seeds and soybeans, the prevailing loan level for soybeans, and the historical oil content of sunflower seeds and soybeans, except that the level of loans and purchases may not be less than 8¥2 cents p e r .;H I: oeu v pound of sunflower seeds. "(2)(A) The Secretary may permit a producer to repay a loan m a d e under paragraph (1) for a crop a t a level that is the lesser of—

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Page:United States Statutes at Large Volume 101 Part 1.djvu/356

 101 STAT. 326

Regulations.

7 USC 1446.

PUBLIC LAW 100-45—MAY 27, 1987

"(i) the loan level determined for such crop; or "(ii) the prevailing world market price for sunflower seeds, as determined by the Secretary. "(B) If the Secretary permits a producer to repay a loan in accordance with subparagraph (A), the Secretary shall prescribe by regulation— "(i) a formula to define the prevailing world market price for sunflower seeds; and "(ii) a mechanism by which the Secretary shall announce periodically the prevailing world market price for sunflower seeds. "(3)(A) The Secretary may, for each of the 1987 through 1990 crops of sunflowers, make payments available to producers who, although eligible to obtain a loan or purchase agreement under paragraph (1), agree to forgo obtaining such loan or agreement in return for such payments. "(B) A payment under this paragraph shall be computed by multiplying— -, "(i) the loan payment rate; by "(ii) the quantity of sunflower seeds the producer is eligible to place under loan. "(C) For purposes of this paragraph, the loan payment rate shall not be less than the amount by which the loan level determined for such crop under paragraph (1) exceeds the level at which a loan may be repaid under this subsection. "(D) At the option of the Secretary, payments to a producer under this paragraph shall be made in the form of cash or negotiable certificates redeemable for any agricultural commodity owned by the Commodity Credit Corporation, or any combination thereof. "(4) For purposes of this subsection, the marketing year for sunflower seeds shall be prescribed by the Secretary by regulation. "(5)(A) If price support is to be provided under this subsection for a crop of sunflowers, the Secretary shall make a preliminary announcement of the level of price support for sunflower seeds for the marketing year for such crop not earlier than 30 days before the beginning of the marketing year. The announced level shall be based on the latest information and statistics available at the time of the announcement. "(B) The Secretary shall make a final announcement of such level as soon as complete information and statistics are available on prices for the 5 years preceding the beginning of the marketing year. Such final level of support may not be announced later than 30 days after the beginning of the marketing year with respect to which the announcement is made. The final level of support may not be less than the level of support provided for in the preliminary announcement. "(6) Notwithstanding any other provision of law, the Secretary shall not require participation in any production adjustment program for sunflowers or any other commodity as a condition of eligibility for price support for sunflower seeds.'. (b) It is the sense of Congress that, if producers are permitted to repay loans for a crop of soybeans under section 201(i) of the Agricultural Act of 1949 at a level that is less than the full amount of the loan, the Secretary should— • Amu

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Page:United States Statutes at Large Volume 101 Part 1.djvu/357

 PUBLIC LAW 100-45—MAY 27, 1987

101 STAT. 327

(1) make loans and purchases available for such crop of sunflowers in accordance with section 201(1)(1) of the Agricultural Act of 1949; and (2) permit producers to repay such loans in accordance with section 201(1)(2) of such Act. Approved May 27, 1987.

LEGISLATIVE HISTORY—H.R. 1157: HOUSE REPORTS: No. 100-25 (Comm. on Agriculture) and No. 100-91 (Comm. of CONGRESSIONAL RECORD, Vol. 133 (1987): Mar. 17, considered and passed House. Apr. 21-23, considered and passed Senate, amended. May 5, House disagreed to Senate amendments. May 7, Senate insisted on its amendments. May 12, Senate agreed to conference report. May 13, House agreed to conference report. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 23 (1987): May 27, Presidential statement.

Ante, p. 325.

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Page:United States Statutes at Large Volume 101 Part 1.djvu/358

 101 STAT. 328

PUBLIC LAW 100-46—MAY 29, 1987

Public Law 100-46, . 100th Congress ^ > "' ', Joint Resolution May 29, 1987 [H.J. Res. 270]

To recognize the one hundred and twenty-fifth anniversary of the United States Department of Agriculture.

Whereas President Abraham Lincoln recognized the importance of the Nation's agricultural community by recommending the establishment of a Federal agriculture agency and subsequently signing the bill establishing the United States Department of Agriculture on May 15, 1862; Whereas the importance of the United States farmer was further recognized by the adoption of the Homestead Act on May 20, 1862, 7 USC 301 note. and the Land-Grant College Act on July 2, 1862; Whereas the Department of Agriculture has worked with farmers to provide a steady supply of food to the people of the United States and those in less fortunate areas of the world; Whereas the Department of Agriculture, during the past century and a quarter, has facilitated the work of the world's foremost agricultural scientists to research and solve problems faced by United States farmers, discover and develop new and improved plant varieties, and assist farmers in achieving extraordinary gains in production yields and quality; Whereas the Department of Agriculture, through its extension activities, has reached homes and classrooms throughout the Nation to develop and foster an understanding, among the people and particularly the youth of the United States, of the virtues and importance of our agricultural heritage and future; Whereas the Department of Agriculture has invested resources and technology into the development of rural United States; Whereas the Department of Agriculture has worked with farmers and conservationists to preserve the Nation's fertile topsoils; Whereas the Department of Agriculture has acted to protect our borders from introduction of pests and diseases that might harm the health and well-being of the people and agricultural industries of the United States; Whereas the Department of Agriculture has endeavored to ensure that all the people of the United States have a safe and wholesome food supply and have the opportunity to receive nutritionally wellbalanced meals; Whereas the Department of Agriculture has sought to open and maintain foreign markets for United States agricultural goods and has represented United States farmers in foreign affairs; and Whereas the first Commissioner of Agriculture Isaac Newton stated in the first annual report to the President of the United States: "I hardly deem it necessary to attempt to convince our intelligent countrymen of the vast importance of such a department, inasmuch as whatever improves the condition and character of the farmer feeds the lifesprings of national character, wealth, and power", words that still ring true: Now, therefore, be it

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 PUBLIC LAW 100-46—MAY 29, 1987

101 STAT. 329

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That it is the sense of Congress that the United States Department of Agriculture, on the event of its one hundred and twenty-fifth anniversary, be commended for its outstanding contributions and wished a happy one hundred and twenty-fifth anniversary, and such anniversary be commemorated by the agencies of the Federal Government and the citizens of the United States. SEC. 2. The President is authorized and requested to issue a proclamation commemorating the one hundred and twenty-fifth anniversary of the United States Department of Agriculture, and the substantial contributions made by the Department of Agriculture to the well-being of the people of the United States. Approved May 29, 1987.

LEGISLATIVE HISTORY—H.J. Res. 270 (S.J. Res. 129): CONGRESSIONAL RECORD, Vol. 133 (1987): May 8, considered and passed House. May 15, considered and passed Senate.

J

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 101 STAT. 330

PUBLIC LAW 100-47—MAY 29, 1987

Public Law 100- •47 100th Congress An Act May 29, 1987 [S. 942]

Government organization and employees. Arizona.

To amend title 5, United States Code, to extend the pay retention provisions of such title to certain prevailing rate employees in the Tucson wage area whose basic pay would otherwise be subject to reduction pursuant to a wage survey.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That notwithstanding section 536.104(a)(3) of title 5, Code of Federal Regulations, Federal wage employees in the Tucson, Arizona wage area whose pay has been reduced as a result of a wage survey conducted during fiscal year 1986 shall be entitled to pay retention under section 5363 of title 5, United States Code, commencing on the date such reduction took effect. Approved May 29, 1987.

LEGISLATIVE HISTORY—S. 942: CONGRESSIONAL RECORD, Vol. 133 (1987): May 7, considered and passed Senate. May 13, considered and passed House.

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Page:United States Statutes at Large Volume 101 Part 1.djvu/361

 PUBLIC LAW 100-48—JUNE 1, 1987

101 STAT. 331

Public Law 100-48 100th Congress An Act To amend title 38, United States Code, to make permanent the new GI bill educational assistance programs established by chapter 30 of such title, and for other purposes.

June 1, 1987 [H.R. 1085]

Be it enacted by the Senate and House of Representatives of the New GI Bill United States of America in Congress assembled, SECTION 1. SHORT TITLE.

This Act may be cited as the "New GI Bill Continuation Act". SEC. 2. SHORT TITLE OF THE NEW GI BILL.

Section 701 of the Department of Defense Authorization Act, 1985 (Public Law 98-525; 38 U.S.C. 101 note) is amended to read as follows: "SHORT TITLE

"SEC. 701. This title may be cited as the 'Montgomery GI Bill Act of 1984'.". SEC. 3. CONTINUATION OF ALL-VOLUNTEER FORCE VETERANS' EDUCATIONAL ASSISTANCE UNDER THE NEW GI BILL PROGRAM. (a) ACTIVE DUTY PROGRAM.—Section 1411(a)(l)(A) of title 38,

United States Code, is amended by striking out "during the period beginning on July 1, 1985, and ending on June 30, 1988, and inserting in lieu thereof "after June 30, 1985,".

(b) ACTIVE DUTY AND SELECTIVE RESERVE PROGRAM.—Section

1412(a)(l)(A) of title 38, United States Code, is amended by striking out "during the period beginning on July 1, 1985, and ending on June 30, 1988," and inserting in lieu thereof "after June 30, 19»5,". SEC. 4. CONTINUATION OF EDUCATION ASSISTANCE FOR MEMBERS OF THE SELECTED RESERVE UNDER THE NEW GI BILL.

Section 2132(a)(l) of title 10, United States Code, is amended by striking out "during the period beginning on July 1, 1985, and ending on June 30, 1988 and inserting in lieu thereof "-''^"'after June 30, 1985". SEC. 5. REVISION OF DECLARED PURPOSES.

Section 1401 of title 38, United States Code, is amended— (1) by striking out "and" at the end of clause (2) and redesignating clauses (2) and (3) as clauses (4) and (5) respectively; (2) by inserting after clause (1) the following new clauses: "(2) to extend the benefits of a higher education to qualifying men and women who might not otherwise be able to afford such an education; "(3) to provide for vocational readjustment and to restore lost educational opportunities to those service men and women who served on active duty after June 30, 1985;";

Continuation Act 38 USC 101 note. Montgomery GI Bill Act of 1984.

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 101 STAT. 332

PUBLIC LAW 100-48—JUNE 1, 1987 (3) by striking out the period at the end of clause (5), as redesigiaated by clause (1) of this section, and inserting in lieu thereof "; and"; and (4) by inserting at the end the following new clause: "(6) to enhance our Nation's competitiveness through the 1'*,^ development of a more highly educated and productive work

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force.".

Approved June 1, 1987.

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LEGISLATIVE HISTORY—H.R. 1085 (S. 12): HOUSE REPORTS: No. 100-22 (Comm. on Veterans' Affairs) and Pt. 2 (Comm. on Armed Services). SENATE REPORTS: No. 100-13 accompanying S. 12 (Comm. on Veterans' Affairs). CONGRESSIONAL RECORD, Vol. 133 (1987): Mar. 17, considered and passed House. May 8, considered and passed Senate, amended, in lieu of S. 12. May 13, House concurred in Senate amendment with amendment. Senate concurred in House amendment. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 23 (1987): June 1, Presidential statement and remarks.

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Page:United States Statutes at Large Volume 101 Part 1.djvu/363

 PUBLIC LAW 100-49—JUNE 1, 1987 Public Law 100-49 100th Congress

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101 STAT. 333

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Joint Resolution Commemorating the fortieth anniversary of the Marshall plan.

Whereas 1987 marks the fortieth year since the European Recovery Program or what came to be called the Marshall plan was first conceived and proclaimed by George Catlett Marshall; Whereas the Marshall plan has been hailed by leaders of friend and foe alike in World War II as the most magnanimous act by Americans in history; Whereas the Marshall plan uniquely symbolizes the bold and creative promise inherent in the thought of all free peoples; Whereas the Marshall plan made possible new measures of transAtlantic cooperation through the North Atlantic Treaty Organization and other institutions; Whereas these institutional developments have profoundly enhanced the security, freedom, and prosperity of the United States and the Atlantic Community generally; Whereas new challenges have arisen which call for recommitment to and reinvigoration of these institutions and for their continued viability; Whereas creative thought and rededication to the ideals and principles undergirding the Marshall plan are now required to assure the preservation of these institutions; and Whereas the occasion of the fortieth anniversary of the Marshall plan provides a fitting opportunity for rededication of commitments to these instructions: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, (a) That the Congress acknowledges the magnanimity of the Marshall plan, the dedication to public service and integrity of its author, and the effort by the Marshall Foundation in Lexington, Virginia, to continue in American life the values for which he stood. (b) That the Congress calls upon all Americans to rededicate themselves to the ideals of public service, hard work, integrity, and compassion which George Catlett Marshall represents to this day in American society, (c) That the Congress remembers that it approved a special congressional medal for General Marshall to honor his service to the Nation. (d) That the Congress welcomes with great anticipation the publication on June 5, 1987, of the fourth and final volume of the official biography of George Catlett Marshall. (e) That Congress believes the principles that inspired the initiation of the Marshall plan should continue to be cherished by our people.

June 1, 1987 [S.J. Res. 70]

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 101 STAT. 334

PUBLIC LAW 100-49—JUNE 1, 1987

(f) That the month of June 1987, is designated as "George C. Marshall Month", and the President is authorized and requested to issue a proclamation calling upon the people of the United States to observe such month with appropriate programs, ceremonies, and activities. • ,/,. .Approved June 1, 1987.

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LEGISLATIVE HISTORY—S.J. Res. 70: CONGRESSIONAL RECORD, Vol. 133 (1987): Mar. 20, considered and passed Senate. May 27, considered and passed House.

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Page:United States Statutes at Large Volume 101 Part 1.djvu/365

 PUBLIC LAW 100-50—JUNE 3, 1987 Public Law 100-50 100th Congress

101 STAT. 335 '

•••• -

An Act To make certain technical and conforming amendments in the Higher Education Act of 1965, and for other purposes.

June 3, 1987 [H.R. 1846]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, Higher SECTION 1. SHORT TITLE; REFERENCE.

(a) SHORT TITLE.—This Act may be cited as the "Higher Education Technical Amendments Act of 1987". (b) REFERENCE.—References in this Act to "the Act" are references to the Higher Education Act of 1965.

Education Technical

Act of 1987. 20 USC lOOl note.

SEC. 2. INSTITUTIONAL AID.

(a) TECHNICAL PROVISIONS.—Title III of the Act is amended— (1) in section 311(b)(1), by striking out "section 358(a)(1)" and " inserting "section 360(a)(l)^'; (2) in section 312(b)(1)— (A) by inserting "which" before "is" each place it appears in subparagraphs (C) and (D); (B) by inserting "which" before "has" in subparagraph (E); and (C) by inserting "which" before "meets" in subparagraph (F); (3) in section 312(b)(3), by striking out "subparagraphs (A) and (B)" and inserting in lieu thereof "subparagraphs (A), (B), (C), and (D)"; (4) in section 312(b)(5), by striking out "subparagraphs (A) and (B)" and inserting in lieu thereof "subparagraphs (A), (B), (C), and (D)"; (5) in section 312(c)(1), by inserting "in the second fiscal year preceding the fiscal year for which the determination is being ,v made" immediately after "Act"; (6) in section 312(c)(2)— (A) by striking out "preceding fiscal year," and inserting in lieu thereof "fiscal year preceding the fiscal year for which determination is being made,"; and 34 (B) by striking out "such fiscal year" and inserting in lieu /jf thereof "second preceding fiscal year"; (7) in section 323(a), by striking out "section 358(a)(2)" and j*,j inserting "section 360(a)(2)"; (8) in section 325(a)(1), by striking out "section 322" and inserting "section 323"; (9) in section 326(a)(2), by inserting before the period at the end thereof the following: except that the Morehouse School of Medicine shall receive at least $3,000,000"; (10) in section 326(c), by striking out "section 333" and inserting "section 332"; (11) in section 327(a), by striking out "Act" and inserting in -,; lieu thereof "part";

20 USC 1057. 20 USC 1058. . •

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'^; 20 USC 1062. 20 USC 1063a. > Schools and colleges. „„, „ „,„„„. ^^ ^^^ ^"*'^''20 USC I063c.

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Page:United States Statutes at Large Volume 101 Part 1.djvu/366

 101 STAT. 336 20 USC 1065. 20 USC 1066. 20 USC 1067.

Indians. 20 USC 1058.

20 USC 1069a.

• i y >>'

PUBLIC LAW 100-50—JUNE 3, 1987

(12) in section 332(f)(1), by inserting "(or section 355)" after "part A or B"; (13) in section 351(b)(6), by striking out "section 356" and inserting "section 357"; (14) in section 352(a)(2), by striking out "low- and middleincome" and inserting "low-income"; (15) in section 352(b), by adding at the end thereof the following: "(3) The Secretary may waive the requirement set forth in section 312(b)(l)(E) in the case of an institution located on or near an Indian reservation or a substantial population of Indians, if the Secretary determines that the waiver will substantially increase higher education opportunities appropriate to the needs of American Indians."; (16) in section 355(a) by inserting "or part B" immediately after "part A" each place it appears; and (17) in section 355(b), by inserting "part A or" immediately before "part B" each place it appears. (b) APPLICATION REVIEW PROCESS.—Part A of title III of the Act is amended by adding at the end thereof the following new section: APPLICATION REVIEW PROCESS

20 USC 1059a.

Minorities.

Grants. 20 USC 1057.

Grants.

Grants.

314. (a) REVIEW PANEL.—(1) All applications submitted under part A by institutions of higher education shall be read by a panel of readers composed of individuals selected by the Secretary which shall include outside readers who are not employees of the Federal Government. The Secretary shall ensure that no individual assigned under this section to review any application has any conflict of interest with regard to that application which might impair the impartiality with which that individual conducts the review under this section. "(2) The Secretary shall take care to include as readers representatives of historically and predominantly Black colleges, Hispanic institutions. Native American colleges and universities, and institutions with substantial numbers of students who are Hispanic, Native American, Asian American, and Native American Pacific Islander (including Native Hawaiians). "(3) All readers selected by the Secretary shall receive thorough instruction from the Secretary regarding the evaluation process for applications submitted under part A, including— "(A) explanations and examples of the types of activities referred to in section 311(b) that must receive special consider> ation for grants awarded under part A; ^ "(B) an enumeration of the factors to be used to determine the li quality of applications submitted under part A; and "(C) an enumeration of the factors to be used to determine whether a grant should be awarded for a project under part A, the amount of any such grant, and the duration of any such grant. "(b) RECOMMENDATIONS OF PANEL.—In awarding grants under part A, the Secretary shall take into consideration the recommendations of the panel established under subsection (a). "(c) NOTIFICATION.—Not later than June 30 of each year, the Secretary shall notify each institution of higher education making an application under part A of— "(1) the scores given the applicant by the panel pursuant to this section; "SEC.

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 PUBLIC LAW 100-50—JUNE 3, 1987 1

101 STAT. 337

.. "(2) the recommendations of the panel with respect to such '"'*•' '^ ^>j 0^1 application; and "(3) the reasons for the decision of the Secretary in awarding Grants. l U 'K:> or refusing to award a grant under part A and any modifications, if any, in the recommendations of the panel made by the Secretary.".

SEC. 3. PELL GRANTS. (a) CLARIFICATION OF REFERENCE.—Section 411(g)(2) of the Act is

amended by striking out "paragraph (1)" and inserting "paragraph (I)(B)". (b) EXCLUSION OF FORCED SALE PROCEEDS.—(1) Section 411A of the Act is amended by adding at the end thereof the following new subsection: "(b) EXCLUSION OF FORCED SALE PROCEEDS.—In the computation of family contributions for the program under this subpart for any academic year, there shall be excluded from family income any proceeds of a sale of farm or business assets of that family if such sale results from a voluntary or involuntary foreclosure, forfeiture, or bankruptcy or an involuntary liquidation.". (2) Section 411B(g) of the Act is amended— (A) by striking out "paragraphs (1) through (7)" in the matter preceding paragraph (1) and inserting "paragraphs (1) through (6)"; and (B) by striking out paragraph (7). (3) Section 411C(f) of the Act is amended— (A) by striking out "paragraphs (1) through (7)" in the matter preceding paragraph (1) and inserting "paragraphs (1) through (6)"; and (B) by striking out paragraph (7). (4) Section 411D(f) of the Act is amended by striking out paragraph (5). (c) TREATMENT OF EXCLUDABLE INCOME.—(1) Sections 411B(d)(l)(A), 411C(c)(l)(A), and 411D(c)(l)(A) are each amended by inserting before the semicolon ", less any excludable income (as defined in section 411F(9))". (2) Section 411B(i)(l)(A) of the Act is amended— (A) by striking out "other than amounts earned under part C of this title"; and (B) by inserting before the semicolon ", less any excludable income (as defined in section 411F(9))".

20 USC 1070a.

20 USC 1070a-l.

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20 USC 1070a-2.

20 USC 1070a-3.

20 USC 1070a-4.

20 USC 1070a-6.

(d) EFFECTIVE FAMILY INCOME.—Section 411B(d)(l) of the Act is

amended— (1) by striking out "and" at the end of subparagraph (A); (2) by striking out "minus" at the end of subparagraph (B) and inserting "and"; and (3) by inserting after such subparagraph the following: "(C) one-half of the student's total veterans educational benefits, excluding Veterans' Administration contributory benefits, expected to be received during the award period, minus".

Veterans.

(e) CONTRIBUTION FROM STUDENT'S AND SPOUSE'S ASSETS.—Section

411B(1) of the Act is amended by inserting before the period at the end thereof the following: ", except that in the case of a student who is a dislocated worker (certified in accordance with title III of the Job Training Partnership Act) or a displaced homemaker (as defined 29 USC 1651.

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 101 STAT. 338 20 USC 1087w.

20 USC 1070a-2.

PUBLIC LAW 100-50—JUNE 3, 1987

in section 480(e) of this Act), the net value of a principal place of residence shall be considered to be zero". (0 ASSESSMENT OF DISCRETIONARY INCOME.—(1) Section 411B(f)(l) of the Act is amended to read as follows: "(f) ASSESSMENT OF DISCRETIONARY INCOME.—(1) The discretionary

income that is assessed under this subsection is equal to (A) the effective family income (as determined under subsection (d)), minus (B) the total offsets to such income (as determined under subsection (e)). If such discretionary income is a negative amount, the contribution from the parents' income is zero.". 20 USC 1070a-3. (2) Section 411C(e)(l) of the Act is amended to read as follows: "(e) ASSESSMENT OF DISCRETIONARY INCOME.—(1) The discretionary

20 USC 1070a-4.

income that is assessed under this subsection is equal to (A) the effective family income (as determined under subsection (c)), minus (B) the total offsets to such income (as determined under subsection (d)). If such discretionary income is a negative amount, the contribution from the student's (and spouse's) income is zero.". (3) Section 411D(e)(l) of the Act is amended to read as follows: "(e) ASSESSMENT OF DISCRETIONARY INCOME.—(1) The discretionary

income that is assessed under this subsection is equal to (A) the effective family income (as determined under subsection (c)), minus (B) the total offsets to such income (as determined under subsection (d)). If such discretionary income is a negative amount, the contribution from the student's (and spouse's) income is zero.". (4) Sections 411B(f)(2), 411B(j)(2), 411C(e)(2), and 411D(e)(2) of the Act are each amended by striking out "effective family income" each place it appears in the text thereof and inserting "discretionary income". (5) The tables in sections 411B(f)(2) and 411C(e)(2) of the Act are each amended— (A) by striking out "Effective family income" and inserting "Discretionary income"; and (B) by striking out "effective family income" and inserting "discretionary income". (g) TREATMENT OF DISLOCATED WORKERS AND DISPLACED HOME-

MAKERS.—Sections 411B(g)(l), 411C(f)(l), and 411D(f)(3) of the Act are .<}-wMeach amended by inserting before the period at the end of the first sentence the following: ", except that in the case of a dislocated worker (certified in accordance with title III of the Job Training 29 USC 1651. Partnership Act) or a displaced homemaker (as defined in section 480(e) of this Act), the net value of a principal place of residence shall be considered to be zero". 20 USC 1070a-6. (h) CORRECTION OF REFERENCES.—(1) Section 411F(1)(B) is amended by striking out "paragraph (13)" and inserting "paragraph (15)". (2) Section 411C(f)(5)(B) of the Act is amended by striking out "the calculation of effective family income required by subsection (c)" and inserting in lieu thereof "the assessment of discretionary income under subsection (e)". (i) TUITION AND FEES.—Section 411F(5)(A) is amended by striking out "student's tuition and uniform compulsory fees" and inserting "tuition and uniform compulsory fees normally charged a full-time student". (j) DEPENDENT OF A STUDENT.—Section 411F(6) is amended to read as follows: "(6) Except as otherwise provided, the term (A) 'dependent of the student' means the student's spouse, the student's dependent children, and other persons who live with and receive more

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 PUBLIC LAW 100-50—JUNE 3, 1987

101 STAT. 339

i= ' than one-half of their support from the student and will continue to receive more than half of their support from the student during the award year; and (B) the term 'dependent of the parent' means the parents of the student, the student, any of the student's dependent children, dependent children of the student's parents, including those children who are deemed to be dependent students when applying for aid under this title, and other persons who live with and receive more than one-half of their support from the parents and will continue to receive more than half of their support from the parents during the award year.", (k) EXCLUDABLE INCOME.—Section 411F(9) of the Act is amended—

(1) in subparagraph (A), by striking out "(B), (C), and (D)" and inserting "(B) through (E)"; (2) by striking out subparagraph (B) and inserting in lieu thereof the following: "(B) For a Native American Student, the annual adjusted family income does not include any income and assets of $2,000 or less per individual payment received by the student (and spouse) and student's parents under the Per Capita Act or the Distribution of Judgment Funds Act or any income received by the student (and spouse) and student's parents under the Alaska Native Claims Settlement Act or the Maine Indians Claims Settlement Act."; (3) in subparagraph (D), by inserting "(including any income earned from work under part C of this title)" after "financial assistance''; and (4) by adding at the end thereof the following new subparagraph: ^ "(E) Annual adjusted family income does not include any unemployment compensation received by a dislocated worker certified in accordance with title III of the Job Training Partnership Act.". (1) INDEPENDENT.—Section 411F(12) of the Act is amended— (1) in subparagraph (B)(iii), by striking out "gradulate" and inserting "graduate; and (2) in subparagraph (B)(vi), by striking out "an annual total income" and by inserting in lieu thereof annual total resources (including all sources of resources other than parents)".

20 USC i070a-6.

e ~ ^ Indians.

43 USC 1601 note. 25 USC 1721 note. 42 USC 2751.

29 USC 1651.

(m) UNTAXED INCOME AND BENEFITS.—Section 411 F( 15) of the Act

is amended to read as follows: "(15) The term 'untaxed income and benefits' means— "(A) child support received; "(B) welfare benefits, including aid to families with V^ dependent children under a State plan approved under part A of title IV of the Social Security Act and aid to dependent 42 USC 601. children; "(C) workman's compensation; fc "(D) veterans' benefits such as death pension, dependency -:. and indemnity compensation, but excluding veterans' education benefits; "(E) interest on tax-free bonds; "(F) housing, food, and other allowances (excluding rent subsidies for low-income housing) for military, clergy, and others (including cash payments and cash value of benefits); i • "(G) cash support or any money paid on the student's behalf;

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 101 STAT. 340

PUBLIC LAW 100-50—JUNE 3, 1987

r;' ^.''

'' 29 USC 1501 note.

^

"(H) the amount of earned income credit claimed for Federal income tax purposes; "(I) untaxed portion of pensions; i: bjt'"(J) credit for Federal tax on special fuels; "(K) the amount of foreign income excluded for purposes of Federal income taxes; "(L) untaxed social security benefits; "(M) payments to individual retirement accounts and Keogh accounts excluded from income for Federal income tax purposes; and "(N) any other untaxed income and benefits, such as Black Lung Benefits, Refugee Assistance, railroad retirement benefits, or Job Training Partnership Act noneducational benefits.".

SEC. 4. SUPPLEMENTAL EDUCATIONAL OPPORTUNITY GRANTS. 20 USC 1070b-3.

(a) FORMULA.—Section 413D(d)(2) of the Act is amended— (1) by striking out subparagraph (D) and inserting the following: "(D) multiply the number of eligible dependent students in each income category by 75 percent of the average cost of ^ attendance for all undergraduate students determined under ^ subparagraph (C), minus the expected family contribution deter,, mined under subparagraph (B) for that income category, except that the amount computed by such subtraction shall not be less than zero;"; and ,jj (2) by striking out subparagraph (F) and inserting the following: "(F) multiply the number of eligible independent students in ^' each income category by 75 percent of the average cost of ,-s attendance for all undergraduate students determined under subparagraph (C), minus the expected family contribution determined under subparagraph (B) for that income category, except [ > that the amount computed by such subtraction shall not be less than zero;". (b) TECHNICAL AMENDMENTS.—(1) Section 413D(d)(3)(A) of the Act is amended by striking out "and for graduate and professional students". (2) Section 413D(d)(3)(B) is amended— (A) by striking out "and graduate and professional"; and (B) by striking out "and graduate". SEC. 5. STATE STUDENT INCENTIVE GRANTS.

20 USC 1070C-4.

Section 415E(1) of the Act is amended by striking out "literary" and inserting "literacy". SEC. 6 STUDENT SUPPORT SERVICES. .

20 USC 1070d-lb.

' ^i;

Section 417D(d) of the Higher Education Act of 1965 is amended by striking out "Post-Baccalaureate Achievement Program" and inserting in lieu thereof "Ronald E. McNair Post-Baccalaureate Achievement Program". SEC. 7. SEPARATION OF HEP/CAMP AUTHORIZATION.

20 USC 1070d-2.

'

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Section 418A(g) of the Act is amended to read as follows: "(g) AUTHORIZATION OF APPROPRIATIONS.—(1) There are authorized to be appropriated for the high school equivalency program

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 101 STAT. 341

PUBLIC LAW 100-50—JUNE 3, 1987

$7,000,000 for fiscal year 1987 and such sums as may be necessary j,. for each of the four succeeding fiscal years. ' "(2) There are authorized to be appropriated for the college assistance migrant program $2,000,000 for fiscal year 1987 and such sums as may be necessary for each of the four succeeding fiscal years.". SEC. 8 VETERANS' EDUCATION OUTREACH. . Section 420A of the Act is amended— 20 USC I070e-i. (1) in subsection (b)(2)(B), by striking out "subchapter V or '* VI" and inserting "subchapter V"; (2) in subsection (b)(5), by striking out "paragraph (3)(A)" and inserting "paragraph (4)(A)"; ^' (3) in subsection (c)(2)(A)(i), by striking out "subsection (e)" , and inserting "subsection (b)(5)"; and ^' (4) in subsection (c)(2)(C)(ii)— (A) by striking out "(I)"; and (B) by striking out "and (II) in the case of any institution located near a military installation, under subchapter VI of = c^;; v^j > such chapter 34". SEC. 9. SPECIAL CHILD CARE SERVICES.

Section 420B of the Act is amended— 20 USC I070f. (1) in subsection 03X2)— (A) by striking out "to pursue a successful program" in ^, ^, subparagraph (C) and inserting "to pursue successfully a program"; (B) by striking out subparagraph (B); and (C) by redesignating subparagraphs (C) through (F) as subparagraphs (B) through (E), respectively; and (2) by striking out subsection (d) and inserting the following: "(d) DEFINITION.—For purposes of this subpart, the term 'lowincome individual' means an individual from a family whose taxable income for the preceding year did not exceed 150 percent of an amount equal to the poverty level determined by using the criteria of poverty established by the Bureau of the Census.". SEC. 10. GUARANTEED STUDENT LOANS.

'

(a) INAPPUCABILITY OF AGGREGATE LOAN LIMITS TO SUPPLEMENTAL

AND PLUS LOANS.—Sections 425(a)(2)(A) and 428(b)(l)(B) are each 20 USC 1075, amended— 1078. (1) in clause (i), by inserting ", excluding loans made under section 428A or 428B" after "undergraduate education"; and (2) in clause (ii) by inserting ", excluding loans made under section 428A or 428B" after "graduate or professional student)". (b) TEACHER DEFERMENT; INTERNSHIP DEFERMENT.—(1) Sections

427(a)(2)(C)(vi) and 428(b)(l)(M)(vi) of the Act are each amended by 20 USC 1077. inserting "nonprofit" before "private". (2) Sections 427(a)(2)(C)(vii) and 428(b)(l)(M)(vii) of the Act are each Health care amended by inserting before the semicolon at the end thereof the facilities. following: "or serving in an internship or residency program leading to a degree or certificate awarded by an institution of higher education, a hospital, or a health care facility that offers postgraduate training". (c) MULTIPLE DISBURSEMENT.—Sections 427(a)(4) and 428(b)(l)(O) of ' "' "^ '^ the Act are each amended by striking out "more than $1,000" and inserting "$1,000 or more".

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 101 STAT. 342

PUBLIC LAW 100-50—JUNE 3, 1987

(d) VARIABLE INTEREST RATES ON SUPPLEMENTAL AND PLUS 20 USC 1077a. LoANS.—(1) Section 427A(c)(4) of the Act is amended— (A) in subparagraph (A), by striking out "to cover the cost of ,^ instruction for any period of enrollment beginning on or after July 1, 1987," and inserting "and disbursed on or after July 1, 1987,"; (B) in such subparagraph (A), by striking out "any calendar ., ,.,^ year" and inserting "any 12-month period beginning on July 1 and ending on June 30"; and ' (C) by striking out subparagraph (B) and inserting the following: 54 "(B) For any 12-month period beginning on July 1 and ending "(i) the bond equivalent rate of 52-week Treasury bills auctioned at the final auction held prior to such June 1; plus "(ii) 3.25 percent.". 20 USC 1087-1. (2) Section 438(b)(2)(C) of the Act is amended by striking out "12.5 percent" and inserting "12 percent". (e) COMPLIANCE WITH LOAN LIMITS.—Section 428(a)(2)(D) of the
 * , on June 30, the rate determined under this subparagraph is
 * determined on the preceding June 1 and is equal to—

20 USC 1078.

Act is amended by striking out "permits the student" and inserting "certifies the eligibility of any student". (f) INSURANCE PROGRAM AGREEMENTS.—Section 428(b)(1) of the Act

is amended— (1) by striking out "first or" in subparagraph (A)(i) and inserting "first and"; (2) by inserting before the semicolon at the end of subpara^i graph (N) the following: "and except in the case of attendance at an institution outside the United States, the funds shall be '4 delivered directly to the student"; "^ " (3) by striking out "being dispensed" in subparagraph (0)(i) -' and inserting "being disbursed"; 'i (4) by striking out subparagraph (P) and inserting the k: following: "(P) requires the borrower to notify the institution concerning any change in local address during enrollment and requires the borrower and the institution at which the borrower is in attendance promptly to notify the holder of . V ! ••; ' the loan, directly or through the guaranty agency, concern' ing (i) any change of permanent address, (ii) when the '. ' student ceases to be enrolled on at least a half-time basis, and (iii) any other change in status, when such change in status affects the student's eligibility for the loan;"; and (5) by inserting in subparagraph (T) after "eligible institutions" the following: "(other than nonresidential correspondN J: • ^ ^ ence schools)". (g) CLARIFICATION OF REFERENCE.—Section 428(b)(5) of the Act is

.• .,

amended by striking out "paragraph (1)(M)" and inserting "paragraph (lKM)(i)(III)". (h)

20 USC 1092b.

GUARANTY

AGENCY

INFORMATION

TRANSFERS.—Section

428(b)(6) of the Act is amended— (1) in subparagraph (A), by striking out "Prior to the implementation of section 485B" and inserting "Until such time as the Secretary has implemented section 485B and is able to provide to guaranty agencies the information required by such section"; and

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 PUBLIC LAW 100-50—JUNE 3, 1987

101 STAT. 343

(2) in subparagraph (B), by striking out clause (ii) and inserting the following: "(ii) the amount borrowed and the cumulative amount borrowed.". (i) SUPPLEMENTAL PRECLAIMS ASSISTANCE.—Section 428(c)(6)(C)(iv) of the Act is amended by adding at the end thereof the following: "In 20 USC 1078. the case of accounts brought into repayment status as a result of performing supplemental preclaims assistance, the cost of such assistance is a permissible charge to the borrower (for the cost of collection) for which the borrower shall be liable.". (j)

SECRETARY'S

EQUITABLE

SHARE;

GARNISHMENT.—Section

428(c)(6)(D) of the Act is amended by inserting "and enforces" after "enacts". (k) REINSURANCE FEES.—Section 428(c)(9) of the Act is amended— (1) by inserting "covered" before "loans" each place it appears in clauses (i) and (ii) of subparagraph (A); and (2) by adding at the end thereof the following new subparagraph: "(D) For purposes of subparagraph (A), the term 'covered ' ' loans' means loans made under this part to which the insurance applies, but does not include loans made under section 428A(d), 428B(d), or 428C.". (1) ESCROW OF DISBURSEMENTS.—(1) The first sentence of section 428(i)(l) of the Act is amended by striking out "multiple". (2) The third sentence of section 428(i)(l) of the Act is amended by striking out "45" and inserting in lieu thereof "21". (m) LENDERS-OF-LAST-RESORT.—Section 428(j) is amended by adding at the end thereof the following new sentence: "The guaranty agency shall consider the request of any eligible lender, as defined under section 435(d)(1)(A) of this Act, to serve as the lenderof-last-resort pursuant to this subsection.".

"u - v j =.

20 USC 1078-1. 20 USC 1078-2, 1078-3.

20 USC 1085.

(n) USE OF SUPPLEMENTAL LOAN PROGRAM BY UNDERGRADUATES.—

Section 428A(a) of the Act is amended by adding at the end thereof 20 USC 1078-1. the following: "In addition, undergraduate dependent students shall be eligible to borrow funds under this section if the financial aid administrator determines, after review of the financial information submitted by the student and considering the debt burden of the student, that extenuating circumstances will likely preclude the student's parents from borrowing under section 428B for purposes of the expected family contribution and that the student's family is otherwise unable to provide such expected family contribution.". (o) LOAN DEFERMENTS FOR SUPPLEMENTAL AND PLUS LOANS.—(1) Sections 428A(c)(2) and 428B(c)(2) of the Act is amended by striking 20 USC 1078-2. out "and interest" after "principal" the first time it appears. (2) Section 428B of the Act is amended— (A) in subsection (a), by striking out ", but such a parent borrower" and all that follows through "clauses (i), (viii), and (ix) of such sections"; (B) in subsection (c)(1), by striking out "subject to deferral pursuant to sections 427(a)(2)(C)(i), (viii), and (ix) and 20 USC 1077. 428(b)(l)(M)(i), (viii), and (ix)" and inserting in lieu thereof "subject to deferral (A) during any period during which the parent meets the conditions required for a deferral under clause (i), (viii), or (ix) of section 427(a)(2)(C) or 428(b)(l)(M); and (B) during any period during which the borrower has a dependent student for whom a loan obligation was incurred under this

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text:
Page:United States Statutes at Large Volume 101 Part 1.djvu/374

 101 STAT. 344

20 USC 1078-1.

20 USC 1078. 20 USC 1078-2.

20 USC 1078-1 note. 20 USC 1001 note. 20 USC 1077a.

PUBLIC LAW 100-50—JUNE 3, 1987

section and who meets the conditions required for a deferral under clause (i) of either such section"; and

(C) in subsection (c)(2), by striking out "under sections 427(a)(2)(C)(i) and 428(b)(l)(M)(i)" and inserting "pursuant to paragraph (1) of this subsection", (p) LIMITATION ON SUPPLEMENTAL AND PLUS LOANS.—(1) Section 428A(b)(3) of the Act is amended by striking out the first sentence and inserting the following: "Any loan under this section may be counted as part of the expected family contribution in the determination of need under this title, but no loan may be made to any student under this section for any academic year in excess of (A) the student's estimated cost of attendance, minus (B) other financial aid as certified by the eligible institution under section 428(a)(2)(A).". (2) Section 428B(b)(3) of the Act is amended by striking out the first sentence and inserting the following: "Any loan under this section may be counted as part of the expected family contribution in the determination of need under this title, but no loan may be made to any parent under this section for any academic year in excess of (A) the student's estimated cost of attendance, minus (B) other financial aid as certified by the eligible institution under section 428(a)(2)(A).". (q) REPAYMENT OF SUPPLEMENTAL AND PLUS LOANS.—Sections 428A(c)(2)(A) and 428B(c)(2)(A) of the Act are each amended by inserting "monthly or" before "quarterly". (r) REFINANCING OF SUPPLEMENTAL AND PLUS LOANS.—(1) Sections 428A(d) and 428B(d) of the Act are each amended— (A) in paragraph (1)— (i) by inserting "at any time" after "An eligible lender may" in the first sentence; '^ (ii) by striking out "Unless the borrower complies with the requirements of paragraph (2)," in the second sentence and inserting "Unless the consolidated loan is obtained by a ' borrower who is electing to obtain variable interest under paragraph (2) or (3),"; and (iii) by inserting "(if required by them)" after "shall be reported" in the third sentence; ' (B) in paragraph (2)— (i) by inserting "under this section before July 1, 1987, or" before "under section 428B"; (ii) by striking out "to reissue a loan" and inserting "to reissue a loan or loans"; and ^ (iii) by striking out "reissuing such loan" and inserting "reissuing such loan or loans"; and (C) in paragraph (5)— (i) by striking out "January 1, 1987" and inserting "October 1, 1987"; and (ii) by inserting before the semicolon at the end of •i subparagraph (B) the following: "and of the practical consequences of such options in terms of interest rates and monthly and total payments for a set of loan examples". (2) An eligible lender who has refinanced a loan or loans under section 428A(d) or 428B(d) between the date of enactment of the Higher Education Amendments of 1986 and July 1, 1987, may, at the request of a borrower or with the written consent of the borrower, amend the note or other written evidence of loan as necessary to comply with the requirements of such sections and section 427A(cK4) as amended by this Act. Any borrower who is denied such a request

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