UNITED STATES
STATUTES AT LARGE
CONTAINING THE
LAWS AND CONCURRENT RESOLUTIONS
ENACTED DURING THE SECOND SESSION OF THE
ONE HUNDRED SECOND CONGRESS
OF THE UNITED STATES OF AMERICA
1992
AND
TWENTY-SEVENTH AMENDMENT TO THE
CONSTITUTION AND PROCLAMATIONS
Volume 106
IN SIX PARTS
Part 5
PUBLIC LAWS 102-550 THROUGH 102-573
UNITED STATES
PUBLISHED BY AUTHORITY OF LAW UNDER THE DIRECTION OF '
ARCHIVIST OF THE UNITED STATES BY THE OFFICE OF 1
FEDERAL REGISTER, NATIONAL ARCHIVES AND RECORDS ADMINISTRAT
“The United States Statutes at Large shall be legal evidence of
laws, concurrent resolutions, . . . proclamations by the President
and proposed or ratified amendments to the Constitution of the
United States therein contained, in all the courts of the United
States, the several States, and the Territories and insular possessions
of the United States.” (1 USC 112).
For sale by the
Superintendent of Documents
U.S. Government Printing Offit*, Washington, DC 20402
(6'part set; sold in sets only)
CONTENTS
PARTI
Page
List of Bills Enacted Into Public Law . v
List OF Public Laws . ix
List OF Bills Enacted Into Private Law . xxiii
List of Private Laws . xxv
List of Concurrent Resolutions . xxvii
List of Proclamations . xxix
Public Laws 102-244 Through 102-342 . 3
Popular Name Index . A1
Subject Index . B1
Individual Index . Cl
PART 2
List of Bills Enacted Into Public Law . v
List OF Public Laws . ix
List of Bili^ Enacted Into Private Law . xxiii
List of Private Laws . xxv
List of Concurrent Resolutions . xxvii
List OF Proclamations . xxix
Public Laws 102-343 Through 102-394 . 915
Popular Name Index . A1
Subject Index . B1
Individual Index . Cl
PART 3
List of Bills Enacted Into Public Law . v
List of Public Laws . ix
List OF Bills Enacted Into Private Law . xxiii
List of Private Laws . xxv
List of Concurrent Resolutions . xxvii
List of Proclamations . xxix
Public Laws 102-395 Through 102-484 . 1828
Popular Name Index . A1
Subject Index . B1
Individual Index . Cl
iii
PART 4
Page
List of Bills Enacted Into Public Law . v
List op Public Laws . «
List of Bills Enacted Into Private Law . xxiii
List of Private Laws . xxv
List of Concurrent Resolutions . xxvii
List OF Proclamations . xxix
Public Laws 102-485 Through 102-549 . 2771
Popular Name Index . Al
Subject Index . B1
Individual Index . Cl
PART 5
List of Bills Enacted Into Public Law . v
List of Public Laws . ix
List OF Bills Enacted Into Private Law . xxiii
List of Private Laws . xxv
List of Concurrent Resolutions . i . xxvii
List of Proclamations . xxix
Public Laws 102-550 Through 102-573 . 3672
Popular Name Index . Al
Subject Index . B1
Individual Index . , . Cl
PART 6
List of Bills Enacted Into Public Law . v
List OF Public Laws . ix
List op Bills Enacted Into Private Law . xxiii
List of Private Laws . xxv
List of Concurrent Resolutions . xxvii
List of Proclamations . xxix
Public Laws 102-574 Through 102-590 . 4593
Twenty-Seventh Amendment to the Constitution . 5145
Private Laws . 5149
Concurrent Resolutions . 5161
Proclamations . 5219
Popular Name Index . Al
Subject Index . B1
Individual Index . Cl
LIST OF BILLS ENACTED
INTO PUBLIC LAW
THE ONE HUNDRED SECOND CONGRESS OF THE UNITED STATES
SECOND SESSION, 1992
BILL
PUBLIC
LAW
BILL
H.R. 158 .
. 102-326
H.R. 3041
H.R. 355 .
. 102-250
H.R. 3118
H.R- 429 .
. 102-675
H.R. 3157
H.R. 476 .
. 102-249
H.R. 3337
H.R. 479 .
. 102-328
H.R. 3379
H.R. 543 .
. 102-248
H.R. 3475
H.R. 707 .
. 102-546
H.R. 3508
H.R. 776 .
. 102-486
H.R. 3598
H.R. 939 .
. 102-547
H.R. 3635
H.R. 1216 ....
. 102-430
H.R. 3638
H.R. 1252 ....
. 102-527
H.R. 3654
H.R. 1253 ....
. 102-528
H.R. 3665
H.R. 1435 ....
. 102-402
H.R. 3673
H.R. 1628 ....
. 102-407
H.R. 3686
H.R. 1642 ....
. 102-304
H.R. 3711
H.R. 1989 ....
. 102-245
H.R. 3795
H.R. 2032 ....
. 102-^76
H.R. 3818
H.R. 2042 ....
. 102-522
H.R. 3836
H.R. 2092 ....
. 102-256
H.R. 3866
H.R. 2130 ....
. 102-567
H.R. 4016
H.R. 2144 ....
. 102-416
H.R. 4026
H.R. 2152 ....
. 102-^82
H.R. 4059
H.R. 2181 ....
. 102-431
H.R. 4095
H.R. 2194 ....
. 102-386
H.R. 4111
H.R. 2263 ....
. 102-487
H.R. 4113
H.R. 2321 ....
. 102-419
H.R. 4178
H.R. 2324 ....
. 102-417
H.R. 4184
H.R. 2431 ....
. 102-432
H.R. 4250
H.R. 2448 ....
. 102-406
H.R. 4281
H.R. 2454 ....
. 102-282
H.R. 4312
H.R. 2549 ....
. 102-354
H.R. 4398
H.R. 2556 ....
. 102-301
H.R. 4412
H.R. 2607 ....
. 102-365
H.R. 4437
H.R. 2660 ....
. 102-529
H.R. 4449
H.R. 2763 ....
. 102-285
H.R. 4489
H.R. 2818 ....
. 102-313
H.R. 4505
H.R. 2850 ....
. 102-378
H.R. 4539
H.R. 2896 ....
. 102-488
H.R. 4542
H.R. 2926 ....
. 102-355
H.R. 4548
H.R. 2927 ....
. 102-247
H.R. 4551
H.R. 2967 ....
. 102-375
H.R. 4572
H.R. 2977 ....
. 102-356
H.R. 4771
H.R. 3033 ....
. 102-367
H.R. 4773
PUBUC BILL PUBLIC
LAW LAW
102-312 H.R. 4774 . 102-289
102-433 H.R. 4841 . 102-494
102-416 H.R 4844 . 102-496
102-281 H.R. 4990 . 102-298
102-403 H.R. 4996 . 102-649
102-630 H.R. 4999 . 102-439
102-408 H.R. 6006 . 102-484
102-648 H.R. 6008 . 102-668
102-631 H.R. 6013 . 102-440
102-489 H.R. 6068 . 102-399
102-390 H Jl. 6069 . 102-336
102-427 H.R. 6096 . 102-496
102-490 H.R. 6122 . 102-441
102-272 H.R. 6126 . 102-379
102-314 H.R. 5132 . 102-302
102-357 H.R. 6193 . 102-685
102-434 H.R. 6194 . 102-686
102-336 H.R. 5222 . 102-442
102-251 H.R. 5237 . 102-428
102-426 H.R. 5268 . 102-420
102-338 H.R. 6260 . 102-318
102-632 H.R. 5291 102-443
102-244 H.R. 5328 . ?102-444
102-366 H.R. 5334 . 102^60
102-255 H.R. 5343 . 102-329
102-409 H.R. 5368 . 102-391
102-286 H.R. 5373 . 102-377
102-633 H.R. 5377 . 102-589
102-435 H.R. 5399 . 102-400
102-344 H.R. 5400 . 102-590
102-491 H.R. 6412 . 102-322
102-492 H.R. 5419 . 102-523
102-358 H.R. 6427 . 102-392
102-273 H.R. 6428 . 102-380
102-436 H.R. 5431 . 102-445
102-327 H.R. 5432 . 102-446
102-437 H.R. 5453 . 102-447
102-619 H.R. 5479 . 102-448
102-311 H.R. 6481 . 102-345
102-371 H.R. 5482 . 102-669
. 102-276 H.R. 5483 . 102-421
, 102-438 H.R. 5487 . 102-341
, 102-493 H.R. 5488 . 102-393
V
LIST OF BILLS ENACTED INTO PUBLIC LAW
BILL PUBLIC
LAW
H.R. 5491 . 102-449
H.R. 5503 . 102-381
H.R. 5504 . 102-396
H.R. 5518 . 102-388
H.R. 5560 . 102-359
H.R. 5566 . 102-339
H.R. 5572 . 102-450
H.R. 5575 . 102-451
H.R. 5602 . 102-452
H.R. 5605 . 102-453
H.R. 5617 . 102-587
H.R. 5620 . 102-368
H.R. 5623 . 102-360
H.R. 5630 . 102-401
H.R. 5673 . 102-410
H.R. 5677 . 102-394
H.R. 5678 . 102-395
H.R. 5679 . 102-389
H.R. 5686 . 102-497
H.R. 5688 . 102-361
H.R. 5716 . 102-534
H.R. 5739 . 102-429
H.R. 5751 . 102-454
H.R. 5763 . 102-535
H.R. 5809 . 102-570
H.R. 5831 . 102-455
H.R. 5853 . 102-536
H.R. 5862 . 102-520
H.R. 5925 . 102-411
H.R. 5954 . 102-551
H.R. 6000 . 102-456
H.R. 6014 . 102-498
H.R. 6022 . 102-537
H.R. 6047 . 102-499
H.R. 6049 . 102-457
H.R. 6050 . 102-485
H.R. 6056 . 102-382
H.R. 6072 . 102-458
H.R. 6125 . 102-552
H.R. 6128 . 102-553
H.R. 6129 . 102-554
H.R. 6133 . 102-555
H.R. 6135 . 102-588
H.R. 6164 . 102-500
H.R. 6165 . 102-459
H.R. 6167 . 102-580
H.R. 6168 . 102-581
H.R. 6179 . 102-460
H.R. 6180 . 102-538
H.R. 6181 . 102-571
H.R. 6182 . 102-539
H.R. 6183 . 102-501
H.R. 6184 . 102-461
H.R. 6187 . 102-583
H.R. 6191 . 102-556
H.J. Res. 271 ... 102-502
H.J. Res. 272 ... 102-267
H.J. Res. 284 ... 102-264
BILL PUBLIC
LAW
H.J. Res. 320 ... 102-412
H.J. Res. 343 ... 102-254
H.J. Res. 350 ... 102-253
H.J. Res. 353 ... 102-462
H.J. Res. 371 ... 102-290
H.J. Res. 388 ... 102-288
H.J. Res. 395 ... 102-252
H.J. Res. 399 ... 102-463
H.J. Res. 402 ... 102-277
H.J. Res. 409 ... 102-503
H.J. Res. 410 ... 102-268
H.J. Res. 411 ... 102-362
H.J. Res. 413 ... 102-369
H.J. Res. 422 ... 102-577
H.J. Res. 425 ... 102-283
H.J. Res. 429 ... 102-504
H.J. Res. 430 ... 102-280
H.J. Res. 442 ... 102-305
H.J. Res. 445 ... 102-303
H.J. Res. 446 ... 102-260
H.J. Res. 456 ... 102-266
H.J. Res. 457 ... 102-464
H.J. Res. 458 ... 102-505
H.J. Res. 459 ... 102-319
H.J. Res. 466 ... 102-287
H.J. Res. 467 ... 102-465
H.J. Res. 470 ... 102-309
H.J. Res. 471 ... 102-466
H.J. Res. 484 ... 102-467
H.J. Res. 489 ... 102-468
H.J. Res. 492 ... 102-364
H.J. Res. 499 ... 102-315
H.J. Res. 500 ... 102-469
H.J. Res. 503 ... 102-540
H.J. Res. 507 ... 102-363
H.J. Res. 509 ... 102-316
H.J. Res. 517 ... 102-306
H.J. Res. 520 ... 102-470
H.J. Res. 523 ... 102-471
H.J. Res. 529 ... 102-472
H.J. Res. 542 ... 102-413
H.J. Res. 543 ... 102-473
H.J. Res. 546 ... 102-557
H.J. Res. 547 ... 102-474
H.J. Res. 553 ... 102-376
H.J. Res. 560 ... 102-387
H.J. Res. 563 ... 102-475
S. 12 . 102-385
S. 225 . 102-541
S. 347 . 102-558
S. 452 . 102-293
S. 474 . 102-559
S. 544 . 102-346
S. 606 . 102-271
S. 680 . 102-372
S. 749 . 102-294
S. 756 . 102-307
S. 758 . 102-560
BILL
PUBLIC
LAW
S. 759 .
. 102-542
S. 775 .
. 102-578
S. 807 .
. 102-347
S. 838 .
. 102-295
S. 870 .
. 102-299
S. 893 .
. 102-561
S. 959 .
. 102-343
S. 985 .
. 102-274
S. 996 .
. 102-258
S. 1002 .
. 102-521
S. 1145 .
. 102-506
S. 1146 .
. 102-476
S. 1150 .
. 102-325
S. 1182 .
. 102-292
S. 1216 .
. 102-404
S. 1254 .
. 102-320
S. 1306 .
. 102-321
S. 1415 .
. 102-246
S. 1439 .
. 102-562
S. 1467 .
. 102-261
S. 1530 .
. 102-477
S. 1569 .
. 102-572
S. 1577 .
. 102-507
S. 1583 .
. 102-508
S. 1607 .
. 102-874
S. 1623 .
. 102-563
S. 1664 .
. 102-543
S. 1671 .
. 102-579
S. 1731 .
. 102-383
S. 1743 .
. 102-275
S. 1766 .
. 102-397
S. 1770 .
. 102-348
S. 1880 .
. 102-422
S. 1889 .
. 102-262
S. 1963 .
. 102-349
S. 2044 .
. 102-524
S. 2079 .
. 102-350
S. 2184 .
. 102-259
S. 2201 .
. 102-509
S. 2322 .
. 102-510
S. 2324 .
. 102-265
S. 2344 .
. 102-405
S. 2378 .
. 102-291
S. 2481 .
. 102-573
S. 2532 .
. 102-511
S. 2569 .
. 102-297
S. 2572 .
. 102-584
S. 2625 .
. 102-478
S. 2641 .
. 102-334
S. 2661 .
. 102-479
S. 2679 .
. 102-574
S. 2703 .
. 102-308
S. 2759 .
. 102-342
S. 2780 .
. 102-324
S. 2783 .
. 102-300
S. 2834 .
. 102-480
S. 2875 .
. 102-512
S. 2890 .
. 102-525
S. 2901 .
. 102-317
LIST OF BILLS ENACTED INTO PUBLIC LAW
vii
BILL
PUBLIC
LAW
BILL
PUBUC
LAW
BILL
S. 2905 .
. 102-310
S. 3309 .
102-565
S.J. Res. 254
S. 2917 .
. 102-337
S. 3312 .
102-515
S.J. Res. 270
S. 2938 .
S. 2941 .
. 102^30
. 102-564
S. 3327 .
102-566
S.J. Res. 271
S.J. Res. 287
S. 2964 .
. 102-544
S.J. Res. 23 .
102^98
S J Res. 295
S. 3001 .
. 102-351
S.J. Res. 92 .
102^31
SJ Res 303
S. 3006 .
. 102-526
S.J. Res. 166 ...
102-481
S.J. Res. 304
S.J. Res. 305
S.J. Res. 309
S. 3007 .
. 102-423
S.J. Res. 174 ...
102-278
S. 3112 .
. 102^52
S.J. Res. 176 ...
102-257
S. 3134 .
. 102-545
S.J. Res. 218 ...
102-482
S. 3163 .
. 102-353
S.J. Res. 222 ...
102-279
S.J. Res. 310
S. 3175 .
. 102-384
S.J. Res. 240 ...
102-263
S.J. Res. 318
S. 3195 .
. 102-414
S.J. Res. 246 ...
102-269
S.J. Res. 319
S. 3224 .
. 102-513
S.J. Res. 251 ...
102-284
S.J. Res. 324
S. 3279 .
. 102-614
S.J. Res. 262 ...
102-483
S.J. Res. 337
PUBLIC
LAW
.. 102-296
.. 102-340
.. 102-270
.. 102-418
.. 102^32
.. 102-370
.. 102-516
.. 102-424
.. 102-517
.. 102-333
.. 102-618
.. 102-425
.. 102-323
.. 102-373
PUBLIC LAW
102-244 ....
102-246 ....
102-246 ....
102-247 ....
102-248 ....
102-249 ....
102-260 ....
102-261 ....
102-262 ....
102-263 ....
102-264 ....
102-266 ....
102-266 ....
102-267 ....
102-268 ....
102-269 ....
102-260 ....
102-261 ....
102-262 ....
102-263 ....
LIST OF PUBLIC LAWS
CONTAINED IN THIS VOLUME
DATE PAGE
To increase the number of weeks for which benefits are
payable under the Emer^ncy Unemplo3rment Com¬
pensation Act of 1991, and for other purj^ses.
American Technology Preeminence Act of 1991 .
To provide for additional membership on the Library of
Congress Trust Fund Board, and for other purposes.
Omnibus Insular Areas Act of 1992 .
To establish the Manzanar National Historic Site in the
State of California, and for other purposes.
Michigan Scenic Rivers Act of 1991 .
Reclamation States Emergency Drought Relief Act of 1991
To provide for the designation of the Flower Garden
Banks National Marine Sanctuary.
Designating February 6, 1992, as ''National Women and
Girls in Sports Day”.
Designating March 1992 as "Irish-American Heritage
Month”.
To designate March 12, 1992, as "Girl Scouts of the Unit¬
ed States of America 80th Anniversary Da}r”.
To permit the transfer before the expiration of the other¬
wise applicable 60-day congressional review period of
the obsolete training aircraft carrier U.S.S. Lexington to
the Corpus Christi Area Convention and Visitors Bu¬
reau, Corpus Christi, Texas, for use as a naval museum
and memorial.
Torture Victim Protection Act of 1991 .
To designate March 19, 1992, as 'relational Women in Ag¬
riculture Da3r”.
To authorize and direct the Secretary of the Interior to
terminate a reservation of use and occupancy at the
Buffalo National River; and for other purposes.
Morris K. Udall Scholarship and Excellence in National
Environmental and Native American Public Policy Act
of 1992.
Waiving certain enrollment requirements with respect to
H.R. 4210 of the 102d Congress.
To desimate the Federal Building and the United States
Courthouse located at 16 Lee Street in Montgomery,
Alabama, as the 'Trank M. Johnson, Jr. Federal Build¬
ing and United States Courthouse”.
To desimate the Federal Buildina and the United States
Courthouse located at 111 Soutn Wolcott Street in Cas¬
per, Wyomw, as the 'Twing T. Kerr Federal Building
and United ^tes Courthouse”.
Designating March 26, 1992, as "Greek Independence
Day: A National Day of Celebration of Greek and Amer¬
ican Democracy”.
Feb. 7, 1992 .
Feb. 14, 1992
Feb. 18, 1992
Feb. 24, 1992
Mar. 3, 1992 .
Mar. 3, 1992 .
Mar. 6, 1992 .
Mar. 9, 1992 .
Mar. 10, 1992
Mar. 10, 1992
Mar. 11, 1992
Mar. 12, 1992
Mar. 12, 1992
Mar. 17, 1992
Mar. 19, 1992
Mar. 19, 1992
Mar. 20, 1992
Mar. 20, 1992
Mar. 20, 1992
Mar. 20, 1992
3
7
31
33
40
46
63
60
68
70
71
72
73
76
76
78
86
86
87
88
IX
X
LIST OF PUBLIC LAWS
PUBLIC LAW date PAGE
102—264 .... To desimate the week beginning April 12, 1992, as “Na- Mar. 26, 1992 . 89
tional Public Safety Telecommunicators Week”.
102—265 .... To amend the Food Stamp Act of 1977 to make a technical Mar. 26, 1992 . 90
correction relating to exclusions from income under the
food stamp program, and for other purposes.
102—266 .... Making further continuing appropriations for the fiscal Apr. 1, 1992 . 92
year 1992, and for other purposes.
102—267 .... To proclaim March 20, 1992, as “National Agriculture Apr. 2, 1992 . 100
Day”.
102—268 .... Designating April 14, 1992, as “Education and Sharing Apr. 13, 1992 . 102
Day, U.S.A.”.
102-269 .... To designate April 15, 1992 as “National Recycling Day” Apr. 15, 1992 104
102—270 .... Expressing the sense of the Congress regarding the peace Apr. 16, 1992 106
process m Liberia and authorizing limited assistance to
support this process.
102—271 .... To amend the Wild and Scenic Rivers Act by designating Apr. 20, 1992 . 108
certain segments of the Allegheny River in the Com¬
monwealth of Pennsylvania as a component of the Na¬
tional Wild and Scenic Rivers System, and for other
purposes.
102—272 .... To amend title 28, United States Code, to make changes Apr. 21, 1992 . 112
in the places of holding court in the Eastern District of
North Carolina.
102—273 .... To authorize jurisdictions receiving funds for fiscal year Apr. 21, 1992 . 113
1992 under the Investment Partnerships Act
that are allocated for new construction to use the funds,
at the discretion of the jurisdiction, for other ehgible ac¬
tivities under such Act and to amend the Stewart
B.McKinney Homeless Assistance Amendments Act of
1988 to authorize local governments that have financed
housing projects that have been provided a section 8 fi-
nandal acljustment factor to use recaptured amounts
available from refinancing of the projects for housing ac¬
tivities.
102—274 .... Horn of Africa Recovery and Food Security Act . Apr. 21, 1992 115
102—275 .... Arkansas Wild and Scenic Rivers Act of 1992 . Apr. 22, 1992 123
102—276 .... To direct the Secretary of Health and Human Services to Apr. 28, 1992 . 126
grant a waiver of ^e requirement limiting the maxi¬
mum number of individuals enrolled with a health
maintenance organization who may be beneficiaries
under the medicare or medicaid programs in order to
enable the Dayton Area Health Han, Inc., to continue
to provide services through Januarv 1994 to individuals
residing in Montgomery County, Ohio, who are enrolled
under a State plan for medical assistance under title
XDC of the Social Security Act.
102—277 .... Approving the location of a memorial to George Mason . Apr. 28, 1992 . 127
102—278 .... Designating the month of May 1992, as “National May 9, 1992 . 128
Amyotrophic Lateral Sclerosis Awareness Month”.
102—279 .... To designate 1992 as the “Year of Reconciliation Between May 9, 1992 . 130
American Indians and non-Indians”.
102—280 ..« To designate May 4, 1992, through May 10, 1992, as “Pub- May 11, 1992 . 132
lie Service Recognition Week”.
102—281 .... To require the Secretary of the Treasury to mint coins in May 13, 1992 . 133
commemoration of the 200th anniversary of the White
House, and for other purposes.
102—282 .... Generic Drug Enforcement Act of 1992 . May 13, 1992 . 149
102-283 .... Designating May 10, 1992, as “Infant Mortality Aware- May 14, 1992 . 163
ness Da^.
102—284 .... To designate the month of May 1992 as “National Hun- May 14, 1992 . 164
tington’s Disease Awareness Month”.
102-285 .... National Geologic Mapping Act of 1992 . May 18, 1992
166
LIST OF PUBLIC LAWS
PUBLIC LAW
102-286 ....
102-287 ....
102-288 ....
102-289 ....
102-290 ....
102-291 ....
102-292 ....
102-293 ....
102-294 ....
102-296 ....
102-296 ....
102-297 ....
102-298 ....
102-299 ....
102-300 ....
102-301 ....
102-302 ....
102-303 ....
102-304 ....
102-306 ....
102-306 ....
102-307 ....
102-308 ....
102-309 ....
102-310 ....
102-311 ....
102-312 ....
xi
DATE PAGE
To designate the Department of Veterans Affairs Medical
Center located in Northampton, Massachusetts, as the
"Edward P. Boland Department of Veterans Affairs
Medical Center”.
Designating April 26, 1992, through May 2, 1992, as “Na¬
tional Cnme Victims’ Rights Week”.
Designating the month of May 1992, as “National Foster
Care Month”.
To provide flexibility to the Secretary of Agriculture to
carry out food assistance programs in certain countries.
Designating May 31, 1992, through June ^ 1992, as a
“Week for the National Observance of the Fiftieth Anni¬
versary of World War 11”.
To amend title 38, United States Code, to extend certain
authorities relating to the administration of veterans
laws, and for other purposes.
Fishlake National Forest Enlargement Act .
To authorize a transfer of administrative jurisdiction over
certain land to the Secretary of the Interior, and for
other purposes.
To rename and expand the boundaries of the Mound City
Group National Monument in Ohio.
Child Abuse, Domestic Violence, Adoption and Family
Services Act of 1992.
Commending the New York Stock Exchange on the occa¬
sion of its bicentennial.
To provide for the temporaiy continuation in office of the
current Deputy Security Advisor in a flag officer grade
in the Navy.
Rescinding certain budget authority .
Golden Gate National Recreation Area Addition Act of
1992.
Medical Device Amendments of 1992 .
Los Padres Condor Range and River Protection Act .
Dire Emergency Supplemental Appropriations Act, 1992,
for Disaster Assistance To Meet Urgent Needs Because
of Calamities Such as Those Which Occurred in Los An¬
geles and Chicago.
Designating June 1992 as “National Scleroderma Aware¬
ness Month”.
Palo Alto Battlefield National Historic Site Act of 1991 .
To desimate July 5, 1992, through July 11, 1992, as “Na¬
tional Awareness Week for Life-Saving Techniques”.
To provide for a settlement of the railroad labor-manage¬
ment disputes between certain railroads and certain of
their employees.
Copyright Amendments Act of 1992 .
To authorize the President to appoint General Thomas C.
Richards to the Office of Administrator of the Federal
Aviation Administration.
To designate the month of September 1992 as “National
Spina Bifida Awareness Month”.
To provide a 4-month extension of the transition rule for
separate capitalization of savings associations’ subsidi¬
aries.
International Peacekeeping Act of 1992 .
To designate the Federal building located at 1620 Market
Street, St. Louis, Missouri, as the “L. Douglas Abram
Federal Building”.
May 18, 1992 .
May 18, 1992 .
May 19, 1992 .
May 20, 1992 .
May 20, 1992 .
May 20, 1992 .
May 26, 1992 .
May 27, 1992 .
May 27, 1992 .
May 28, 1992 .
May 28, 1992 .
June 2, 1992 .
June 4, 1992 .
June 9, 1992 .
June 16, 1992 ....
June 19, 1992 ....
June 22, 1992 ....
June 23, 1992 ....
June 23, 1992 ....
June 23, 1992 ....
June 26, 1992 ....
June 26, 1992 ....
June 26, 1992 ....
June 30, 1992 ....
July 1, 1992 .
July 2, 1992 .
July 2, 1992 .
173
174
175
176
177
178
181
183
185
187
216
216
217
236
238
242
248
255
256
259
260
264
273
276
276
277
278
xii
PUBUCLAW
lOa-313 ....
lOa-314 ....
102-315 ....
102-316 ....
102-317 ....
102-318 ...
102-319 ...
102-320 ...
102-321 ..
102-322 ..
102-323 ..
102-324 ..
102-326 ..
102-326 .
102-327 .
102-328 .
102-329 ,
102-330
102-331
102-332
102-333
102-334
102-336
102-336
LIST OF PUBUC LAWS
DATS PAGE
To designate the Federal building located at 78 Center July 2, 1992 . 279
Street in Pittsfield, Massachusetts, as the "Silvio O.
Conte Federal Building**, and for other purposes.
WIC Farmers* Market Nutrition Act of 1992 . July 2, 1992 . 280
Designating July 2, 1992, as "National Literacy Day** . July 2, 1992 . 286
To extend through September 30, 1992, the period in July 2, 1992 . 288
which there remains available for obligation certain
amounts appropriated for the Bureau of Indian Affairs
for the school operations costs of Bureau-funded schoob.
To direct the Secretary of Health and Human Services to July 2, 1992 . 289
extend the waiver granted to the Tennessee Primary
Care Network of the enrollment mix requirement under
the medicaid program.
. Unemployment Compensation Amendments of 1992 . July 3, 1992 . 290
. Desisting the week beginning July 26, 1992 as "Lyme July 8, 1992 . 319
Dbease Awareness We^.
. To increase the authorized acreage limit for the July 10, 1992 321
Assateague Island National Seashore on the Maryland
mainland, and for other purposes.
.. ADAMHA Reorganization Act . July 10, 1992 . 323
... To authorize the transfer of certain naval vesseb to July 19, 1992 443
Greece and Taiwan.
.. To commend the NASA Langley Research Center on the July 20, 1992 . 445
celebration of its 75th anniversary on July 17, 1992.
.. To amend the Food Security Act of 1985 to remove certain July 22, 1992 . 447
easement requirements \mder the conservation reserve
program, and for other purposes.
... Higher Education Amendments of 1992 . July 23, 1992 . 448
... To designate the buildup in Hiddenite, North Carolina, July 23, 1992 . 843
which houses the primary operations of the United
States Postal Service as the "Z^ra Leah S. Thomas Post
Office Building”.
... To designate the facility of the United States Postal Serv- July 23, 1992 . 844
ice located at 20 South Montgomerv Street in Trenton,
New Jersey, as the "Arthur J. Holland United States
Post Office Building”.
... To amend the National Traib ^stem Act to designate the Aug. 3, 1992 . 845
California Nationsd Historic Irail and Pony Express Na¬
tional Historic Trail as components of the National
Trails System.
.... To make technical amendments to the Fair Packa^g and Aug. 3, 1992 . 847
Labeling Act with respect to its treatment of the SI
metric system, and for other purposes.
.... To authorize the Architect of the Capitol to acquire cer- Aug. 3, 1992 . 849
tain property.
.... To designate July 28, 1992, as “Buiffalo Soldiers Day” . Aug. 3, 1992 . 851
.... Designating September 10, 1992, as “National D.A.R.E. Aug. 3, 1992 . 853
Day”.
.... To designate August 1, 1992, as "Helsinki Human Rights Aug. 4, 1992 . 855
Day”.
.... To partially restore obligation authority authorized in the Aug. 6, 1992 . 858
Intermodal Surface Transportation Efficiency Act of
1991.
.... Pacific Yew Act . Aug. 7, 1992 . 859
.... To extend the boimdaries of the grounds of the National Aug. 7, 1992 . 864
Gallery of Art to include the National Sculpture Garden.
jLioi ur ruBJLiu LiAwa
Xlll
PUBLIC LAW
102-337 ....
102-338 ....
102-339 ....
102-340 ....
102-341 ....
102-342 ....
102-343 ....
102-344 ....
102-345 ....
102-346 ....
102-347 ....
102-348 ....
102-349 ....
102-360 ....
102-361 ....
102-362 ....
102-353 ....
102-354 ....
102-356 ....
102-356 ....
102-357 ....
102-368 ....
102-359 ....
102-360 ....
102-361 ....
102-362 ....
102-363 ...
102-364 ...
DATS PAGE
To amend the National School Lunch Act to authorize the
Secretary of Amculture to provide financial and other
assistance to the University of Mississippi, in coopera¬
tion with the University of Southern Mmsissippi, to es¬
tablish and maintain a food service management insti¬
tute, and for other purposes.
Zuni River Watershed Act of 1992 .
To provide additional time to negotiate settlement of a
land dispute in South Carolina.
To desimate August 15, 1992, as ‘‘82d Airborne Division
50th Anniversary Recognition Day”.
Agriculture, Rural Development, Food and Drug Adminis¬
tration, and Related Agencies Appropriations Act, 1993.
Child Nutrition Amendments of 1992 .
Thomas Jefferson Commemoration Commission Act .
Voting Rights Language Assistance Act of 1992 .
FAA Civil Penalty Administrative Assessment Act of 1992
Animal Enterprise Protection Act of 1992 .
To permit Mount Olivet Cemetery Association of Salt
L^e City, Utah, to lease a certain tract of land for a
period of not more than 70 years.
To convey certain surplus real propertv located in the
Black Hills National Forest to the Black Hills Workshop
and Training Center, and for other purposes.
To amend section 992 of title 28, United States Code, to
provide a member of the United States Sentencing Com¬
mission whose term has expired may continue to serve
\mtil a successor is appoint^ or until the expiration of
the next session of Congress.
Marsh-Billings National Historical Park Establishment
Act.
To amend the Food Stamp Act of 1977 to prevent a reduc¬
tion in the a^usted cost of the thrifty food plan during
fiscal year 1993, and for other purposes.
Public Health Service Act Technical Amendments Act .
Prescription Drug Amendments of 1992 .
Administrative Procedure Technical Amendments Act of
1991.
To amend the Act of May 17, 1954, relating to the Jeffer¬
son National Expansion Memorial to authorize in¬
creased funding for the East Saint Louis portion of the
Memorial, and for other purposes.
Public Telecommunications Act of 1992 .
To amend title 28, United States Code, to establish 3 divi¬
sions in the Central Judicial District of California.
To authorize funds for the implementation of the settle¬
ment agreement reached between the Pueblo de Cochiti
and the United States Army Corps of Engineers under
the authority of Public Law 100-202.
To extend for one year the National Commission on Time
and Learning, and for other purposes.
To waive the period of congressional review for certain
District of Columbia Acts.
Aug. 7, 1992
Aug. 11, 1992
Aug. 11, 1992
Aug. 12, 1992
Aug. 14, 1992
Aug. 14, 1992
Aug. 17, 1992
Aug. 26, 1992
Aug. 26, 1992
Aug. 26, 1992
Aug. 26, 1992
Aug. 26, 1992
Aug. 26, 1992
Aug. 26, 1992
Aug. 26, 1992
Aug. 26, 1992
Aug. 26, 1992
Aug. 26, 1992
Aug. 26, 1992
Aug. 26, 1992
Aug. 26, 1992
Aug. 26, 1992
Aug. 26, 1992
Aug. 26, 1992
Bankruptcy Judgeship Act of 1992 . Aug. 26, 1992
To designate the week of September 13, 1992, through Aug. 26, 1992
September 19, 1992, as ‘National Rehabilitation WeeV.
To approve the extension of nondiscriminatoty treatment Aug. 26, 1992
with respect to the products of the Republic of Albania.
Designating September 1992 as “Childhood Cancer Sept. 2, 1992
Month”.
865
866
869
871
873
911
915
921
923
928
930
931
933
934
937
938
941
944
947
949
958
960
962
964
965
967
969
970
XIV
LIST OF PUBLIC LAWS
PUBLIC LAW
102-365 ....
102-366 ....
102-367 ....
102-368 ....
102-369 ...
102-370 ...
102-371 ...
102-372 ...
102-373 ...
102-374 ...
102-375 ..
102-376 ..
102-377 ..
102-378 ..
102-379 ..
102-380 ..
102-381 ..
102-382 ..
102-383 ..
102-384 ..
102-385 ..
102-386 ..
102-387 .
102-388 .
102-389 .
102-390 .
102-391
102-392
102-393
date page
Rail Safety Enforcement and Review Act .
Small Business Credit and Business Opportunity En¬
hancement Act of 1992.
Job Training Reform Amendments of 1992 .
Dire Emergency Supplemental Appropriations Act, 1992,
Including Disaster Assistance To Meet the Present
Emergencies /^sing From the Consec^uences of Hurri¬
cane Andrew, Typhoon Omar, Humcane Iniki, and
Other Natural Disasters, and Additional Assistance to
Distressed Communities.
To designate September 13, 1992, as “Commodore John
Barry Day”.
To designate October 1992 as “National Breast Cancer
Awareness Month”.
Sept. 3, 1992 . 972
Sept. 4, 1992 . 986
Sept. 7, 1992 . 1021
Sept. 23, 1992 .... 1117
Sept. 24, 1992 .... 1163
Sept. 24, 1992 .... 1166
. Civil Liberties Act Amendments of 1992 . Sept. 27, 1992 .... 1167
. Tourism Policy and Export Promotion Act of 1992 . Sept. 30, 1992 .... 1170
. Designating September 18, 1992, as “National POW/MIA Sept. 30, 1992 .... 1184
Recognition Day”, and authorizing display of the Na¬
tional League of Families POW/MIA flag.
,. Northern Cheyenne Indian Reserved Water Rights Settle- Sept. 30, 1992 .... 1186
ment Act of 1992.
.. Older Americans Act Amendments of 1992 . Sept. 30, 1992 .... 1196
.. Making continuing appropriations for the fiscal year 1993, Oct. 1, 1992 . 1311
and for other purposes.
.. Energy and Water Development Appropriations Act, 1993 Oct. 2, 1992 . 1316
.. Technical and Miscellaneous Civil Service Amendments Oct. 2, 1992 . 1346
Act of 1992.
.. Civil War Battlefield Commemorative Coin Act of 1992 .... Oct. 5, 1992 . 1362
.. Military Construction Appropriations Act, 1993 . Oct. 5, 1992 1366
.. Department of the Interior and Related Agencies Appro- Oct. 5, 1992 . 1374
priations Act, 1993.
.. District of Columbia Supplemental Appropriations and Oct. 5, 1992 . 1422
l^scissions Act, 1992.
.. United States-Hong Kong Policy Act of 1992 . Oct. 5, 1992 1448
.. National and Community Service Technical Amendment Oct. 5, 1992 . 1466
Act of 1992.
.. Cable Television Consumer Protection and Competition Oct. 5, 1992 . 1460
Act of 1992.
.. To amend the Solid Waste Disposal Act to clari^ provi- Oct. 6, 1992 . 1605
sions concerning the application of certain requirements
and sanctions to Federal facilities.
... Waiving certain enrollment req^ements with respect to Oct. 6, 1992 . 1619
any appr^riations bill for the remainder of the One
Hundred Second Congress.
... Department of Transportation and Related Agencies Ap- Oct. 6, 1992 . 1520
propriations Act, 1993.
... Dwartments of Veterans Affairs and Housing and Urban Oct. 6, 1992 . 1671
Development, and Independent Agencies Appropriations
Act, 1993.
... To provide for the minting of commemorative coins to sup- Oct. 6, 1992 . 1620
port the 1996 Atlanta Centennial Olympic Games and
the programs of the United States Olympic Committee,
to reauthorize and reform the United States Mint, and
for other purposes.
.... Foreign Operations, Export Financing, and Related Pro- Oct. 6, 1992 . 1633
grams Appropriations Act, 1993.
.... Legislative Branch Appropriations Act, 1993 . Oct. 6, 1992 . 1703
.... Treasu^, Postal Service, and General Government Appro- Oct. 6, 1992 . 1729
priations Act, 1993.
LIST OF PUBLIC LAWS
PUBLIC LAW
102-394 ....
102-395 ....
102-396 ....
102-397 ....
102-398 ....
102-399 ..
102-400 ..
102-401 ..
102-402 ..
102-403 ..
102-404 ..
102-405 ..
102-406 ..
102-407 ..
102-408 ....
102-409 ....
102-410 ....
102-411 ....
102-412 „..
102-413 ....
102-414 ....
102-415 ....
102-416 ....
102-417 ....
102-418 ....
102-419 ....
102-420 ....
102-421 ....
102-422 ....
102-423 ....
102-424 ....
Draartments of Labor, Health and Human Services, and
Education, and Related Agencies Appropriations Act,
1993.
Departments of Commerce, Justice, and State, the Judici¬
ary, and Related Agencies Appropriations Act, 1993.
Department of Defense Appropriations Act, 1993 .
To add to the area in which the Capitol Police have law
enforcement authority, and for other purposes.
To consent to certain amendments enacted by the l^sla-
ture of the State of Hawaii to the Hawaiian ^mes
Commission Act, 1920.
To authorize appropriations for the American Folklife
Center for fiscal year 1993.
United States Commission on Civil Rights Authorization
Act of 1992.
Head Start Improvement Act of 1992 .
Rocky Moimtain Arsenal National Wildlife Refuge Act of
1992.
To amend section 574 of title 5, United States Code, relat¬
ing to the authorities of the Administrative Conference.
Chinese Student Protection Act of 1992 .
Veterans’ Medical Programs Amendments of 1992 .
Bemamin Franklin National Memorial Commemorative
Medal and Fire Service Bill of Rights Act.
To authorize the construction of a monument in the Dis¬
trict of Columbia or its environs to honor Thomas Paine,
and for other purposes.
Health Professions Education Extension Amendments of
1992.
DES Education and Research Amendments of 1992 .
Agency for Health Care Policy and Research Reauthoriza¬
tion Act of 1992.
EEOC Education, Technical Assistance, and Training Re¬
volving Fund Act of 1992.
Authorizing the government of the District of Columbia to
establish, in the Strict of Columlna or its environs, a
memorial to Afidcan-Americans who served with Union
forces during the Civil War..
Des^ating the week beginning November 8, 1992, as
“Eure a Veteran Week”.
World War II 50th Anniversary Conunemorative Coins
Act.
Alaska Land Status Technical Corrections Act of 1992 .
Advisory Coimcil on California Indian Policy Act of 1992
Incarcerated Witness Fees Act of 1991 .
To designate the week of October 4, 1992, through Octo¬
ber 10, 1992, as "Mental Illness Awareness Week”.
Dayton Aviation Heritage Preservation Act of 1992 .
An act to provide for the withdrawal of most favored na¬
tion status firom Serbia and Montenegro and to provide
for restoration of such status if certain conditions are
fulfilled.
Education of the Deaf Act Amendments of 1992 .
To amend the District of Columbia Spouse Equity Act of
1988.
To authorize financial assistance for the construction and
maintenance of the Mary McLeod Bethune Memorial
Fine Arts Center.
To designate October 1992 as “Polish-American Heritage
Month”.
XV
DATE PAGE
Oct. 6, 1992 . 1792
Oct. 6, 1992 . 1828
Oct. 6, 1992 . 1876
Oct. 6, 1992 . 1949
Oct. 6, 1992 . 1953
Oct. 7, 1992 . 1954
Oct. 7, 1992 . 1955
Oct. 7, 1992 . 1956
Oct. 9, 1992 . 1961
Oct. 9, 1992 . 1968
Oct. 9, 1992 . 1969
Oct. 9, 1992 . 1972
Oct. 12, 1992 . 1986
Oct. 13, 1992 . 1991
Oct. 13, 1992 . 1992
Oct. 13, 1992 . 2092
Oct. 13, 1992 . 2094
Oct. 14, 1992 . 2102
Oct. 14, 1992 . 2104
Oct. 14, 1992 . 2105
Oct. 14, 1992 . 2106
Oct. 14, 1992 . 2112
Oct. 14, 1992 . 2131
Oct. 14, 1992 . 2138
Oct. 14, 1992 . 2139
Oct. 16, 1992 . 2141
Oct. 16, 1992 . 2149
Oct. 16, 1992 . 2151
Oct. 16, 1992 . 2167
Oct. 16, 1992 . 2168
Oct. 16, 1992 . 2170
xvi
LIST OF PUBLIC LAWS
PUBLIC LAW date PAGl
102-425 .... To designate the second Sunday in October of 1992 as Oct. 16, 1992 . 2175
“National Children’s Day”.
102-426 .... Community Environmental Response Facilitation Act . Oct. 19, 1992 217<
102-427 .... Little River Canyon Nationsd Preserve Act of 1992 . Oct. 21, 1992 2171
102-428 .... Rural Electrification Administration Improvement Act of Oct. 21, 1992 . 218v
1992.
102-429 .... Export Enhancement Act of 1992 . Oct. 21, 1992 218<
102-430 .... Indiana Dunes National Lakeshore Access and Enhance- Oct. 23, 1992 . 2201
ment Act.
102-431 .... To permit the Secretary of the Interior to acquire by ex- Oct. 23, 1992 . 221
change lands in the Cuyahoga National Recreation Area
that are owned by the State of Ohio.
102-432 .... To amend the Wild and Scenic Rivers Act by designating Oct. 23, 1992 . 221:
a segment of the Lower Merced River in California as
a component of the National Wild and Scenic Rivers
System.
102-433 .... To designate the Federal Office Building Number 9 lo- Oct. 23, 1992 . 221
cated at 1900 E Street, Northwest, in the District of Co¬
lumbia, as the “Theodore Roosevelt Federal Building”.
102-434 .... To designate the building located at 80 North Hughey Av- Oct. 23, 1992 . 221
enue m Orlando, Florida, as the George C. Young Unit¬
ed States Courthouse and Federal Building.
102-435 .... To designate the Federal building and courthouse to be Oct. 23, 1992 . 221
constmcted at 5th and Ross Streets in Santa Ana, Cali¬
fornia, as the “Ronald Reagan Federal Building and
Courthouse”.
102-436 .... To provide for a land exchange with the city of Tacoma, Oct. 23, 1992 . 221
Washington.
102-437 .... To designate the general mail facility of the United States Oct. 23, 1992 . 222
Postfu Service in Gulfport, Mississippi, as the “Larkin I.
Smith General Mail Facility’] and the building of the
United States Postal Service in Poplarville, Mississippi,
as the “Larkin I. Smith Post Office Building.
102-438 .... To designate the facility under construction for use by the Oct. 23, 1992 . 225
UnitM States Postal Service at FM 1098 Lo^ in Prai¬
rie View, Texas, as the “Esel D. Bell Post Office Build¬
ing”.
102-439 .... To authorize additional appropriations for implementation Oct. 23, 1992 . 225
of the development plan for Pennsylvania Avenue be¬
tween the Capitol and the White House.
102-440 .... To promote the conservation of wild exotic birds, to pro- Oct. 23, 1992 . 225
vide for the Great L^es Fish and Wildlife Tissue Bank,
to reauthorize the Fish and Wildlife Conservation Act of
1980, to reauthorize the Afirican Elephant Conservation
Act, and for other purposes.
102-441 .... Jicaiilla Apache Tribe Water Rights Settlement Act . Oct. 23, 1992 . 221
102-442 .... To designate the Federal building and United States Oct. 23, 1992 22-
courthouse located at 204 South Main Street in South
Bend, Indira, as the “Robert A. Grant Federal Build¬
ing and United States Courthouse”.
1052-443 .... To provide for the tempore^ use of certain lands in the Oct. 23, 1992 . 22'
city of South Gate, California, for elementary school
purposes.
102-444 .... To amend title 36, United States Code, with respect to the Oct. 23, 1992 . 22
late payment of maintenance fees.
102-445 .... To designate the Federal building located at 200 Federal Oct. 23, 1992 . 22
Plaza in Paterson, New Jersey, as the “Robert A. Roe
Federal Building”.
LIST OF PUBLIC LAWS xvii
PUBLIC LAW date PAGE
102-446 .... To designate the Federal building and United States Oct. 23, 1992 . 2247
courthouse located at the comer of College Avenue and
Mountain Street in Fayetteville, Arkansas, as the “John
Paul Hammerschmidt Federal Building and United
States Courthouse”.
102-447 .... To designate the Central Square facility of the United Oct. 23, 1992 . 2248
States Postal Service in Cambridge, Massachusetts, as
the “Clifton Merriman Post Office Building”.
102-448 .... To designate the facility of the United States Postal Serv- Oct. 23, 1992 . 2249
ice located at 1100 Wj^he Street in Alexandria, Vir-
Snia, as the “Helen Day United States Post Office
uilding”.
102-449 .... To designate the Department of Veterans Affairs medical Oct. 23, 1992 . 2260
center in Marlin, Texas, as the “Thomas T. Connally
Department of Veterans Affairs Medical Center”.
102-450 .... To designate May of each year as “Asian/Pacific American Oct. 23, 1992 . 2251
Heritage Month”.
102-461 .... To authorize certain additional uses of the Library of Con- Oct. 23, 1992 . 2263
gress Special Facilities Center, and for other purposes.
102-452 .... Granting the consent of the Congress to the Interstate Oct. 23, 1992 . 2256
Rail Passenger Network Compact.
102-453 .... Cedar River Watershed Land Exchange Act of 1992 . Oct. 23, 1992 2258
102-454 .... To provide for the distribution within the United States of Oct. 23, 1992 . 2262
certain materials prepared by the United States Infor¬
mation Agency.
102-455 .... To designate the Federal Building located at Main and Oct. 23, 1992 . 2263
Church Streets in Victoria, Texas, as the “Martin Lu¬
ther King, Jr. Federal Building”.
102-456 .... To redesignate Springer Mountain National Recreation Oct. 23, 1992 . 2264
Area as “Ed Jenkins National Recreation Area”.
102-457 .... Congressional Award Act Amendments of 1992 . Oct. 23, 1992 2265
102-458 .... To direct expedited negotiated settlement of the land Oct. 23, 1992 . 2267
rights of the Kenai Natives Association, Inc., under sec¬
tion 14(h)(3) of the Alaska Native Claims Settlement
Act, by dire^ing land acquisition and exchange negotia¬
tions by the Secretary of the Interior and certain Alaska
Native corporations involving lands and interests in
lands held by the United States and such corporations.
102-459 .... To amend certain provisions of law relating to establish- Oct. 23, 1992 . 2268
ment, in the District of Columbia or its environs, of a
memorial to honor Thomas Paine.
102-460 .... To amend the Wild and Scenic Rivers Act . Oct. 23, 1992 2270
102-461 .... To amend the National Trails System Act to designate the Oct. 23, 1992 . 2273
American Discovery Trail for study to determine the
feasibility and desirability of its designation as a na¬
tional trail.
102-462 .... Designating the week beginning January 3, 1993, as Oct. 23, 1992 . 2274
“Braille Literacy Week”.
102-463 .... Designating the week begiiming November 1, 1992, as Oct. 23, 1992 . 2276
“National Medical Staff Services Awareness Week".
102-464 .... Designating January 16, 1993, as “Religious Freedom Oct. 23, 1992 . 2277
Day”.
102-465 .... Designating October 24, 1992, through November 1, 1992, Oct. 23, 1992 . 2279
as “National Red Ribbon Week for a Drug-Free Amer¬
ica”.
102-466 .... Designating October 14, 1992, as “National Occupational Oct. 23, 1992 . 2281
Therapy Day”.
102-467 .... Designating the week beginning February 14, 1993, as Oct. 23, 1992 . 2283
“National Visiting Nurse Associations Week”.
xviii
LIST OF PUBLIC LAWS
PUBLIC LAW
102-468 ....
102-^69 ....
102-470 ....
102-471 ....
102-472 ....
102-473 ....
102-474 ...
102-476 ...
102-476 ...
102-477 ..
102-478 ..
102-479 ..
102-480 .
102-481 .
102-482 .
102-483 .
102-484 .
102-485 .
102-486 .
102-487
102-488
102-489
102-490
102-491
102-492
102-493
102-494
102-495
102-496
102-497
DATE
Designating February 21, 1993, through February 27, Oct. 23, 1992 ..
1993, as “American Wine Appreciation Week”, and for
o^er purposes.
Designating Mturch 1993 as “Irish-American Heritage Oct. 23, 1992 ..
Month”.
To designate the month of October 1992 as “Country Oct. 23, 1992 .
Music Month”.
Designating October 8, 1992, as “National firefighters Oct. 23, 1992 .
Day”.
Supporting the planting of 500 redwood trees from Cali- Oct. 23, 1992 .
iomia in Spain in commemoration of the quincenten^
of the voyage of Christopher Columbus and designating
the trees as a gift to the people of Spain.
Designating November 30, 1992, through December €, Oct. 23, 1992 .
1992, as National Education First Week”.
. Designating May 2, 1993, through May 8, 1993, as “Na- Oct. 23, 1992
tional Walking W^k”.
. Providing for the convening of the first session of the One Oct. 23, 1992
Hundi^ Third Congress.
.. Scientific and Advanced-Technology Act of 1992 . Oct. 23, 1992
.. Indian Employment, Training and Related Services Dem- Oct. 23, 1992
onstration Act of 1992.
.. To designate the United States courthouse being con- Oct. 23, 1992
structed at 400 Cooper Street in Camden, New Jersey,
as the Mitchell H. Cohen United States Courthouse.
.. To authorize the striking of a medal commemorating the Oct. 23, 1992
250th anxuversary of the founding of the American Phil¬
osophical Society and the birth of Thomas Jefferson.
.. To designate the United States Post Office Building lo- Oct. 23, 1992
cated at 100 Main Street, Milbboro, Delaware, as the
“John J. Williams Post Office Building.
... Desimating the week of October 4 through 10, 1992, as Oct. 23, 1992
“mtional Customer Service Week”.
... Designating the calendar year, 1993, as the “Year of Oct. 23, 1992
American Craft; A Celebration of the Creative Work of
the Hand”.
... Designating the week of April 18 through 24, 1993, as Oct. 23, 1992
“National Credit Education Week”.
... National Defense Authorization Act for Fiscal Year 1993 Oct. 23, 1992
... Depository Institutions Disaster Relief Act of 1992 . Oct. 23, 1992
... Energy Policy Act of 1992 . Oct. 24, 1992
... To amend chapter 45 of title 5, United States Code, to au- Oct. 24, 1992
thorize awaras for cost savings disdosures.
.... Minute Man National Historical Park Amendments of Oct. 24, 1992
1991.
.... Koniag Lands Conveyance Amendments of 1991 . Oct. 24, 1992
.... Membrane Processes Research Act of 1992 . Oct. 24, 1992
.... Federal Reserve Bank Branch Modernization Act . Oct. 24, 1992
.... To amend title 17, United States Code, relating to fair use Oct. 24, 1992
of copyrighted works.
.... Fertility Clinic Success Rate and Certification Act of 1992 Oct. 24, 1992
.... Granting the consent of the Congress to the New Hamp- Oct. 24, 1992
shire-Maine Interstate School Compact.
.... Elwha River Ecosystem and Fisheries Restoration Act . Oct. 24, 1992
.... Intelligence Authorization Act for Fiscal Year 1993 . Oct. 24, 1992
.... To make technical amendments to certain Federal Indian Oct. 24, 1992
statutes.
LIST OF PUBLIC LAWS
PUBLIC LAW
102-498 ....
102-499 ....
102-600 ....
102-601 ....
102-602 ....
102-603 ....
102-604 ....
102-606 ....
102-606 ....
102-607 ....
102-608 ....
102-609 ....
102-610 ....
102-611 ....
102-612 ....
102-613 ....
102-614 ....
102-616 ....
102-616 ....
102-617 ....
102-618 ....
102-619 ....
102-620 ...
102-621 ...
102-622 ...
102-623 ...
102-624 ...
102-626 ...
xix
DATE PAGE
To designate certain land in the State of Missouri owned
by the United States and administered by the Secretary
of Agriculture as part of the Meurk Twain National For¬
est.
To amend the United States Information and Educational
Exchange Act of 1948, the Foreign Service Act of 1980,
and other provisions of law to make certain changes in
administrative authorities.
To amend the John F. Kennedy Center Act to authorize
appropriations for maintenance, repair, alteration, and
other services necessary for the John F. Kennedy Cen¬
ter for the Performing Arts.
Federally Supported Health Centers Assistance Act of
1992.
Authorizing the Go For Broke National Veterans Associa¬
tion Foundation to establish a memorial in the District
of Columbia or its environs to honor Japanese American
patriotism in World War II.
Designating January 16, 1993, as “National Good Teen
Day”.
Designating May 2, 1993, through May 8, 1993, as “Be
Kind to Animals and National Pet Week”.
Desimating the week beginning October 26, 1992, as
“World Population Awareness Week”.
Office of Government Ethics Amendments of 1992 .
Alzheimer’s Disease Research, Training, and Education
Amendments of 1992.
Pipeline Safety Act of 1992 .
Soviet Scientists Immigration Act of 1992 .
Veterans’ Compensation Cost-of-Living Ac^justment Act of
1992.
Freedom for Russia and Emerging Eurasian Democracies
and Open Markets Support Act of 1992 (FREEDOM
Support Act).
Children’s Nutrition Assistance Act of 1992 .
To designate the United States Courthouse to be con¬
structed in Fargo, North Dadcota, as the “Quentin N.
IBurdick United States Courthouse”.
To extend the authorization of use of official mail in the
location and recovery of missing children, and for other
piu'poses.
Cancer Registries Amendment Act .
Desimating January 3, 1993, through Janua^ 9, 1993, as
“National Law Enforcement 'Training Week’^.
Desimating the week beginning November 8, 1992, as
“mtional Women Veterans Recognition Week*’.
Designating November 13, 1992, as “Vietnam Veterans
Memorial 10th Anniversary Da^’.
Anti Car Theft Act of 1992 .
To amend title I of the Omnibus Crime Control and Safe
Streets Act of 1968 to ensure an equitable and timely
distribution of benefits to public safety officers.
Child Support Recovery Act of 1992 .
Fire Administration Authorization Act of 1992 .
International Dolphin Conservation Act of 1992 .
Native American Languages Act of 1992 .
To provide for the establishment of the Brown v. Board of
Efducation National Historic Site in the State of Kansas,
and for other purposes.
Oct. 24, 1992
Oct. 24, 1992
Oct. 24, 1992
Oct. 24, 1992
Oct. 24, 1992
Oct. 24, 1992
Oct. 24, 1992
Oct. 24, 1992
Oct. 24, 1992
Oct. 24, 1992
Oct. 24, 1992
Oct. 24, 1992
Oct. 24, 1992
Oct. 24, 1992
Oct. 24, 1992
Oct. 24, 1992
Oct. 24, 1992
Oct. 24, 1992
Oct. 24, 1992
Oct. 24. 1992
Oct. 24, 1992
Oct. 26. 1992
Oct. 26, 1992
Oct. 26, 1992
Oct. 26, 1992
Oct. 26, 1992
Oct. 26, 1992
Oct. 26, 1992
3263
3264
3267
3268
3273
3276
3276
3278
3280
3281
3289
3316
3318
3320
3363
3370
3371
3372
3378
3380
3382
3384
3402
3403
3410
3425
3434
3438
XX
LIST OF PUBLIC LAWS
PVBUCLAW
102-626 ....
102-627 ....
102-628 ....
102-629 ....
102-630 ....
102-631 ....
102-632 ....
102-633 ....
102-634 ...
102-636 ...
102-636 ...
102-637 ...
102-638 ....
102-639 ....
102-640 ....
102-641 ....
102-642 ...
102-643 ...
102-644 ...
102-646 ...
102-646 ..
102-647 ..
102-648 ..
102-649 ..
102-660 ..
102-661 ,.
102-652 ..
102-663 ..
102-664 ..
102-666 ..
102-666 ..
102-667 ..
102-668 ..
DATE PAt
President John F. Kennedy Assassination Records Collec- Oct. 26, 1992 . 34^
tion Act of 1992.
Battered Women’s Testimony Act of 1992 . Oct. 27, 1992 . 34!
To oTftftwd the State Justice Institute Act of 1984 to carry Oct. 27, 1992 . 341
out research, and develop judicial training curricula, re¬
lating to child custody litigation.
To authorize appropriations for the United States Holo- Oct. 27, 1992 . 34i
caust Memonai Council, and for other purposes.
Women in Apprenticeship and Nontraditional Occupations Oct. 27^ 1992 . 34i
Act.
Preventive Health Amendments of 1992 . Oct. 27, 1992 . 34
Enterprise for the Americas Initiative Act of 1992 . Oct. 27, 1992 . 36
Amtrak Authorization and Development Act . Oct. 27, 1992 . 35
To extend for two years the authorizations of appropria- Oct. 27, 1992 . 35
tions for certain praams under title I of the Omnibiis
Crime Control and l^e Streets Act of 1968.
. To provide equitable treatment to producers of sugarcane Oct. 27, 1992 . 35
subject to proportionate shares.
To designate segments of the Great Egg Harbor River and Oct. 27, 1992 . 35
its timutaries in the State of New Jersey as components
of the National Wild and Scenic Rivers System.
Ted Weiss Child Support Enforcement Act of 1992 . Oct. 27, 1992 . 36
Telecommunications Authorization Act of 1992 . Oct. 27, 1992 . 35
Mammography Quality Standards Act of 1992 . Oct. 27, 1992 . 35
Acknowledging the sacrifices that milita^ families have Oct. 27, 1992 . 35
made on benalf of the Nation and designating Novem¬
ber 23, 1992, as Tfational Military Families R^gnition
Day".
To expand the boundaries of the Fredericksburg and Spot- Oct. 27, 1992 . 35
sylvania County Battlefields Memorial National Mili¬
tary Park, Virginia.
. Trademark Remedy Clarification Act . Oct. 27, 1992 36
. To establish the Keweenaw National Historical Park, and Oct. 27, 1992 36
for other purposes.
. Granting the consent of the Congress to a supplemental Oct. 27, 1992 . 36
compact or agreement between the Commonwealth of
Pennsylvania and the State of New Jersey concerning
the Delaware River Port Authority.
. Ready to Learn Act . Oct. 27, 1992 36
.. Futures Trading Practices Act of 1992 . Oct. 28, 1992 3(
.. Veterans Home Loan Program Amendments of 1992 . Oct. 28, 1992 3(
.. Intermodal Safe Container Transportation Act of 1992 . Oct. 28, 1992 3(
.. Jobs Through Exports Act of 1992 . Oct. 28, 1992 3(
.. Housing and Community Development Act of 1992 . Oct. 28, 1992 3(
.. An Act to amend the Food, Agriculture, Conservation, and Oct. 28, 1992 . 4<
Trade Act of 1990 to improve health care services and
educational services through telecommunications, and
for other purposes.
.. Farm Credit Banks and Associations Safety and Sound- Oct. 28, 1992 . 4:
ness Act of 1992.
.. To amend the United States Warehouse Act to provide for Oct. 28, 1992 . 4!
the use of electronic cotton warehouse receipts, and for
other purposes.
.. Agricultural Credit Improvement Act of 1992 . Oct. 28, 1992 4
.. Land Remote Sensing Policy Act of 1992 . Oct. 28, 1992 4
.. Telephone Disclosure and Dispute Resolution Act . Oct. 28, 1992 . 4
"I^tionsJ Women and Girls in Sports Day".
.. Defense Production Act Amendments of 1992 . Oct. 28, 1992 . 4
LIST OF PUBUC LAWS
PUBLIC LAW
102-559 ....
102-560 ....
102-561 ....
102-562 ....
102-563 ....
102-564 ....
102-565 ....
102-566 ....
102-667 ....
102-568 ....
102-669 ....
102-670 ....
102-571 ....
102-572 ....
102-673 ....
102-574 ....
102-576 ....
102-576 ....
102-677 ....
102-678 ....
102-679 ....
102-680 ....
102-681 ....
102-682 ....
102-583 ....
102-684 ....
102-686 ....
102-586 ....
102-587 ....
102-588 ....
102-589 ....
102-590 ....
Professional and Amateur Sports Protection Act .
Patent and Plant Variety Protection Remedy Clarification
Act.
To amend title 18, United States Code, with respect to the
criminal penalties for cop3rright infiringement.
To authorize and direct the Secretary of the Interior to
convey certain lands in Livingston Parish, Louisiana,
and for other purposes.
Audio Home Recording Act of 1992 .
Small Business Research and Development Enhancement
Act of 1992.
To amend the Peace Corps Act to authorize appropriations
for the Peace Corps for fiscal year 1993 ana to establish
a Peace Corps foreign exchange fiuctuations account,
and for other purposes.
To amend the Agricultural Adjustment Act of 1938 to per¬
mit the acre-for-acre transfer of an acreage allotment or
quota for certain commodities, and for other purposes.
National Oceanic and Atmospheric Administration Au¬
thorization Act of 1992.
Veterans’ Benefits Act of 1992 .
Rehabilitation Act Amendments of 1992 .
To authorize the Secretary of the Interior to construct and
operate an interpretive center for the Ridgefield Na¬
tional Wildlife Refuge in Clark County, Washington.
To amend the Federal Food, Drug, and Cosmetic Act to
authorize human drug application, prescription drug es¬
tablishment, and prescription drug product fees and for
other purposes.
Federal Courts Administration Act of 1992 .
Indian Health Amendments of 1992 .
Hawaii Tropical Forest Recovery Act .
Reclamation Projects Authorization and Adjustment Act of
1992.
Nez Perce National Historical Park Additions Act of 1991
Designating November 1992 as “Neurofibromatosis
Awareness Month”.
Veterans’ Radiation Exposure Amendments of 1992 .
Waste Isolation Pilot Plant Land Withdrawal Act .
Water Resources Development Act of 1992 .
Airport and Airway Safety, Capacity, Noise Improvement,
and Intermodal Transportation Act of 1992.
High Seas Driftnet Fisheries Enforcement Act .
International Narcotics Control Act of 1992 .
Arkansas-Idaho Exchange Act of 1992 .
Veterans Health Care Act of 1992 .
To amend the Juvenile Justice and Delinquency Preven¬
tion Act of 1974 to authorize appropriations for fiscal
years 1993, 1994, 1995, and 1996, and for other pur¬
poses.
Oceans Act of 1992 .
National Aeronautics and Space Administration Author¬
ization Act, Fiscal Year 1993.
Cash Management Improvement Act Amendments cf 1992
Homeless Vetersms Comprehensive Service Programs Act
of 1992.
xxi
DATS PAGE
Oct. 28, 1992 . 4227
Oct. 28, 1992 . 4230
Oct. 28, 1992 . 4233
Oct. 28, 1992 . 4234
Oct. 28, 1992 . 4237
Oct. 28, 1992 . 4249
Oct. 28, 1992 . 4265
Oct. 28, 1992 . 4269
Oct. 29, 1992 . 4270
Oct. 29, 1992 . 4320
Oct. 29, 1992 . 4344
Oct. 29, 1992 . 4489
Oct. 29, 1992 . 4491
Oct. 29, 1992 . 4606
Oct. 29, 1992 . 4626
Oct. 29, 1992 . 4693
Oct. 30, 1992 . 4600
Oct. 30, 1992 . 4770
Oct. 30, 1992 . 4772
Oct. 30, 1992 . 4774
Oct. 30, 1992 . 4777
Oct. 31, 1992 . 4797
Oct. 31, 1992 . 4872
Nov. 2, 1992 . 4900
Nov. 2, 1992 . 4914
Nov. 2, 1992 . 4937
Nov. 4, 1992 . 4943
Nov. 4, 1992 . 4982
Nov. 4, 1992 . 6039
Nov. 4, 1992 . 6107
Nov. 10, 1992 . 6133
Nov. 10, 1992 . 6136
LIST OF BILLS ENACTED
INTO PRIVATE LAW
THK ONE HUNDRED SECOND CONGRESS OF THE UNITED STATES
SECOND SESSION. 1992
ZL
PRIVATE
LAW
BILL
PRIVATE
LAW
BILL
PRIVATE
LAW
LR. 238 .
. 102-8
H.R. 2156 ....
. 102-14
S. 249 .
. 102-5
LR. 240 .
. 102-12
H.R. 3289 ....
. 102-6
S. 295 .
. 102-7
[.R. 454 .
. 102-9
H.R. 3336 ....
. 102-20
LR, 478 .
. 102-10
H.R. 5164 ....
. 102-15
S. 992 .
LR. 712 .
LR. 1101 ....
LR. 1917 ....
. 102-11
. 102-13
. 102-3
H.R. 5749 ....
H.R. 5923 ....
H.R. 5998 ....
. 102-16
. 102-17
. 102-18
S. 1181 .
. 102-19
LIST OF PRIVATE LAWS
CONTAINED IN THIS VOLUME
PRIVATE LAW
DATE PAGE
102-3
102-4
102-5 .
102-6 .
102-7 .
102-8 .
102-9 .
102-10
102-11
102-12
102-13
102-14
102-16
102-16
102-17
102-18
102-19
102-20
For the relief of Michael Wu .
To provide for the reimbursement of certain travel and re¬
location expenses under title 5, United States Code, for
Jane E. Denne of Henderson, Nevada.
For the relief of Trevor Henderson .
For the relief of Carmen Victoria Parini, Felix Juan
Parini, and Sergio Manuel Parini.
For the relief of Mary P. Carlton and Lee Alan Tan .
For the relief of Craig A. Klein .
For the relief of Bruce C. Veit .
For the relief of Norman R. Ricks .
For the relief of Patricia A. McNamara .
For the relief of Rodgito Keller .
For the relief of William A. Cassity .
For the relief of William A. Proffitt .
For the relief of Craig B. Sorensen and Nita M. Sorensen
For the relief of Krishanthi Sava Kopp . .
For the relief of Anna C. Massari .
For the relief of the Wilkinson County School District, in
the State of Mississippi.
For the relief of Christy Carl Hallien of Arlington, Texas
For the relief of Florence Adeboyeku .
June 16, 1992 .... 5149
Aug. 3, 1992 . 6149
Aug, 4, 1992 . 6149
Aug. 6, 1992 . 6160
Aug. 7, 1992 . 6160
Sept. 30, 1992 .... 6161
Sept. 30, 1992 .... 5162
Sept. 30, 1992 .... 6162
Sept. 30, 1992 .... 6163
Oct. 23, 1992 . 6153
Oct. 23, 1992 . 6164
Oct. 23, 1992 . 6164
Oct. 23, 1992 . 6166
Oct. 23, 1992 . 6166
Oct. 23, 1992 . 5166
Oct. 23, 1992 . 6166
Oct. 23, 1992 . 6167
Oct. 24, 1992 . 6157
XXV
LIST OF CONCURRENT RESOLUTIONS
CONTAINED IN THIS VOLUME
CONCURRENT
RESOLUTION
H. Con. Res. 267 ...
H. Con. Res. 206 ...
H. Con. Res. 268 ...
H. Con. Res. 239 ...
S. Con. Res. 109 ....
S. Con. Res. 116 ....
S. Con. Res. Ill ....
H. Con. Res. 287 ...
H. Con. Res. 323 ...
S. Con. Res. 123 ....
H. Con. Res. 299 ...
H. Con. Res. 331 ...
S. Con. Res. 113 ....
S. Con. Res. 102 ....
S. Con. Res. 103 ....
H. Con. Res. 166 ...
H. Con. Res. 328 ...
H. Con. Res. 343 ...
S. Con. Res. 129 ....
S. Con. Res. 131 ....
H. Con. Res. 192 ...
S. Con. Res. 132 ....
H. Con. Res. 356 ...
S. Con. Res. 81 .
S. Con. Res. 136 ....
S. Con. Res. 112 ....
S. Con. Res. 127 ....
H. Con. Res. 366 ...
S. Con. Res. 138 ....
Joint session .
“The Constitution of the United States of America"
paunphlet — House print.
Enrollment corrections — H.R. 3866 .
Lithuania — Independence day celebration .
A^oumment — Senate and House of Representa¬
tives.
Enrollment corrections — S. 838 .
Special Olympics Torch Relay — Capitol grounds
authorization.
Federal Budget — Fiscal years 1993-1997 .
Acljournment — House of Representatives and Sen¬
ate.
National Aeronautics and Space Administration
exhibit — Capitol grounds authorization.
Iraq — ^Kurdish refugee assistance .
Soap Box Derby Races — Capitol grounds author¬
ization.
Jerusalem reunification — ^Twenty-fifth anniversary
Joint Congressional Committee on Inaugural Cere¬
monies.
Presidential inauguration ceremonies — Capitol ro¬
tunda authorization.
Baha’i faith — Iranian persecution .
“Year of the American Indian, 1992: Congressional
Recognition smd Appreciation” book — House print.
Adjournment — ^House of Representatives and Sen¬
ate.
Syria — Withdrawal fi'om Lebanon .
Adjjournment — Senate and House of Representa¬
tives.
Joint Committee on the Organization of the Con¬
gress.
Somalia— Humanitarian relief .
Israel — Elections and Prime Minister Yitzhak
Rabin.
Visionary art — American Visionary Art Museum ...
Adjournment — Senate and House of Representa¬
tives.
"A Manual of Parliamentary Practice for the Use
of the Senate of the United States” book — Senate
print.
Women’s soccer — 1996 Olympic games .
Enrollment corrections — H.R. 3379 .
Enrollment coirections — H.R. 2042 .
DATE PAGE
Jan. 28, 1992 . 6161
Feb. 6, 1992 . 6161
Feb. 19, 1992 . 6161
Mar. 3, 1992 . 6162
Apr. 9, 1992 . 6163
May 13, 1992 .... 5164
May 14, 1992 .... 5164
May 21, 1992 .... 6166
May 21, 1992 .... 6189
May 28, 1992 .... 5190
June 11, 1992 .... 5190
June 18, 1992 .... 6191
June 18, 1992 .... 6192
June 29, 1992 .... 5192
June 29, 1992 .... 6193
July 2, 1992 . 5193
July 2, 1992 . 5194
July 2, 1992 . 6195
July 9, 1992 . 6195
July 31, 1992 .... 5196
Aug. 6, 1992 . 6196
Aug. 10, 1992 .... 6199
Aug. 12, 1992 .... 5200
Aug. 12, 1992 .... 6200
Aug. 12, 1992 .... 5201
Sept. 29, 1992 ... 5202
Sept. 29, 1992 ... 6203
Oct. 1, 1992 . 5203
Oct. 2, 1992 . 6204
xxvii
XXVIU
LIST OF CONCURRENT RESOLUTIONS
CONCURREST
RESOLUTION
H. Con. Res. 302 ...
H. Con. Res. 371 ..
H. Con. Res. 376 ..
S. Con. Res. 140 ...
H. Con. Res. 383 ..
H. Con. Res. 367 ..
H. Con. Res. 370 ..
H. Con. Res. 379 ..
H. Con. Res. 382 ...
H. Con. Res. 384 ..
U.S. communities — ^Himger-free status .
Enrollment corrections — H.R. 5482 .
Official duplicates of bills and resolutions— House
of Representatives and Senate.
Sudan — ^Human rights violations .
Cascadia Corridor Commission — ^U.S. participation
“Native Voices: 500 Years After” program— Capitol
grounds authorization.
Somalia— Humanitarian and peacekeeping mission
Enrollment corrections — H.R. 6006 .
Enrollment corrections — ^H.R. 429 .
Adjournment — ^House of Representatives and Sen¬
ate.
DATE PAGE
Oct. 5, 1992 . 5204
Oct. 5, 1992 . 5205
Oct. 5, 1992 . 5207
Oct. 6, 1992 . 5207
Oct. 7, 1992 . 5208
Oct. 8, 1992 . 5209
Oct. 8, 1992 . 5210
Oct. 8, 1992 . 5211
Oct. 8, 1992 . 5214
Oct. 8, 1992 . 5215
LIST OF PROCLAMATIONS
CONTAINED IN THIS VOLUME
PROCLAMATION
6399 .
6400 .
6401 .
6402 .
6403 .
6404 .
6406 .
6406 .
6407 .
6408 .
6409 .
6410 .
6411 .
6412 .
6413 .
6414 .
6416 .
6416 .
6417 .
6418 .
6419 .
6420
6421
6422
6423
6424
6425
6426
6427
6428
6429
Year of the Gulf of Mexico, 1992 .
Women’s History Month, 1992 .
Martin Luther King, Jr., Federal Holiday, 1992 . .
To Amend the Generalized System of Preferences .
American Heart Month, 1992 .
National Visiting Nurse Associations Week, 1992 .
Save Your Vision Week, 1992 .
American Red Cross Month, 1992 .
Year of the American Indian, 1992 .
Irish-American Heritage Month, 1992 .
National Day of Prayer, 1992 .
Girl Scouts of the United States of America 80th Anni¬
versary Day.
To Amend the Generalized System of Preferences .
National Women in Agriculture Day, 1992 .
Extending United States Cop;mght Protections to the
Works of the People’s Repumic of China.
National Public Safety Telecommunicators Week, 1992
National Safe Boating Week, 1992 .
Cancer Control Month, 1992 . .
Greek Independence Day: A National Day of Celebra¬
tion of Greek and American Democracy, 1992.
National Volunteer Week, 1992 .
To Extend Nondiscriminatory Treatment (Most-Fa¬
vored-Nation Treatment) to the Czech and Slovsik
Federal Republic and the Republic of Hungary.
National Recycling Day, 1992 .
Education and Sharing Day, U.S.A., 1992 .
Pan American Day and Pan American Week, 1992 .
National Farm Safety Week, 1992 .
Loyalty Day, 1992 .
To Amend the Generalized System of Preferences .
National Amyotrophic Lateral Sclerosis Avrareness
Month, 1992.
Lavr and Order in the City and County of Los Angeles,
and Other Districts of California.
To Implement Duty Reductions for Certain Products of
Beneficiary Countries Under the Caribbean Basin
Economic Recovery Expansion Act of 1990.
Law Day, U.S.A., 1992 .
DATE PAGE
Jan. 10, 1992 . 5219
Jan. 16, 1992 . 6220
Jan. 17, 1992 . 6221
Feb. 6, 1992 . 6223
Feb. 14, 1992 . 6224
Feb. 14, 1992 . 6226
Feb. 26, 1992 . 6226
Feb. 26, 1992 . 6227
Mar. 2, 1992 . 6229
Mar. 4, 1992 . 6230
Mar. 6, 1992 . 6231
Mar. 10, 1992 . 5233
Mar. 12, 1992 . 5234
Mar. 17, 1992 . 6236
Mar. 17, 1992 . 6236
Mar. 18, 1992 . 6237
Mar. 20, 1992 . 6238
Mar. 23, 1992 . 6239
Mar. 26, 1992 . 6241
Apr. 8, 1992 . 5242
Apr. 10, 1992 . 6244
Apr. 13, 1992 . 5244
Apr. 14, 1992 . 6246
Apr. 14, 1992 . 5247
Apr. 24, 1992 . 5249
Apr. 28, 1992 . 5260
Apr. 29, 1992 . 6261
May 1, 1992 . 5269
May 1, 1992 . 5261
May 1, 1992 . 6261
May 1, 1992 . 6267
XXX
LIST OF PROCLAMATIONS
PROCLAMATION
6434 . National Defense Transportation Day and National
Transportation Week, 1992.
6436 . Small Business Week, 1992 .
6436 . Bicentennial of the New York Stock Exchange, 1992 .
6437 . Older Americans Month, 1992 .
6438 . National Huntington’s Disease Awareness Month, 1992
6439 . World Trade Week, 1992 .
6440 . National Maritime Day, 1992 .
6441 . National Foster Care Month, 1992 .
6442 . Prayer for Peace Memorial Day, 1992 .
6443 . Week for the National Observance of the 60th Anniver¬
sary of World War II, 1992.
6444 . Flag Day and National Flag Week, 1992 .
6446 . A^ement on Trade Relations Between the United
States of America and the Republic of Albania.
6446 . To Modify Duty-Free Treatment Under the Generalized
System of Preferences.
6447 . To Modify Duty-Free Treatment Under the Generalized
System of Preferences and for Other Purposes.
6448 . Father’s Day, 1992 .
6449 . Agreement on Trade Relations Between the United
States of America and the Republic of Romania.
6450 . Year of Reconciliation Between American Indians and
Non-Indians, 1992.
6451 . National Scleroderma Awareness Month, 1992 .
6452 . National Spina Bifida Awareness Month, 1992 .
6453 . National Awareness Week for Lifesaving Techniques,
1992.
6454 . National Literacy Day, 1992 .
6455 . To Implement the Andean Trade Preference Act smd To
Designate Colombia as a Beneficiary Country and for
Other Purposes.
6456 . To Designate Bolivia as a Beneficiary Country for Pur¬
poses of the Andean Trade Preference Act.
6457 . Giant Sequoia in National Forests .
6458 . Captive Nations Week, 1992 .
6459 . L3rme Disease Awareness Week, 1992 .
6460 . Minority Enterprise Development Week, 1992 .
6461 . Buffalo Soldiers Day, 1992 .
6462 . Helsinki Human Rights Day, 1992 .
6463 . Women’s Equality Day, 1992 .
6464 . 82nd Airborne Division 50th Anniversary Recognition
Day, 1992.
6465 . To Amend the Generalized System of Preferences .
6466 . National D.A.R.E. Day, 1992 .
6467 . National Rehabilitation Week, 1992 .
6468 . National Hispanic Heritage Month, 1992 .
6469 . Childhood Csmcer Month, 1992 .
6470 . National Consumers Week, 1992 .
6471 . Commodore John Barry Day, 1992 .
6472 . National Breast Cancer Awareness Month, 1992 .
6473 . Citizenship Day amd Constitution Week, 1992 .
6474 . National POW/MIA Recognition Day, 1992 .
6476 . Gold Star Mother’s Day, 1992 .
6476 . ' National Disability Emplo3rment Awareness Month,
1992.
National Farm-City Week, 1992 .
DATE
PAGE
May 11, 1992 ....
. 6273
May 12, 1992 ....
. 6274
May 15, 1992 ....
. 6275
May 18, 1992 ....
. 6276
May 18, 1992 ....
. 6277
May 18, 1992 ....
.. 6278
May 19, 1992 ....
. 6279
May 20, 1992 ....
,. 6281
May 21, 1992 ....
,. 6282
June 4, 1992 ....
.. 5283
June 10, 1992 ..
.. 5285
June 15, 1992 ...
.. 5286
June 15, 1992 ..
.. 6307
June 15, 1992 ..
.. 6320
June 17, 1992 ..
.. 5326
June 22, 1992 ..
.. 5328
June 23, 1992 ..
.. 6347
June 23, 1992 ..
.. 6348
June 30, 1992 ..
.. 5349
June 30, 1992 ..
.. 6360
July 1, 1992 .
.. 6361
July 2, 1992 .
.. 6362
July 2, 1992 .
.. 6380
July 14, 1992 ...
.. 6381
July 16, 1992 ...
.. 6382
July 20, 1992 ...
.. 5384
July 21, 1992 ...
.. 6386
July 24, 1992 ...
.. 5386
July 28, 1992 ...
.. 6387
Aug. 10, 1992 ...
.. 5389
Aug. 12, 1992 ...
.. 5390
Aug. 26, 1992 ...
.. 6392
Aug. 26, 1992 ...
.. 5393
Sept. 1, 1992 ....
.. 6394
Sept. 2, 1992 ....
.. 5395
Sept. 3, 1992 ....
.. 6397
Sept. 4, 1992 ....
.. 5398
Sept. 12, 1992 ..
.. 5399
Sept. 16, 1992 ..
.. 5400
Sept. 16, 1992 ..
.. 6402
Sept. 16, 1992 ..
.. 6403
Sept. 23, 1992 ..
.. 6404
Sept. 23, 1992 ..
.. 6405
Sept. 23, 1992 ..
.. 6407
6477
LIST OF PROCLAMATIONS
XXXI
'jOCLAMATION
t78 . Child Health Day, 1992 .
t79 . Leif Erikson Day, 1992 .
180 . Fire Prevention Week, 1992 .
181 . White Cane Safety Day, 1992 .
182 . Mental Illness Awareness Week, 1992 .
t83 . National School Lunch Week, 1992 .
t84 . Columbus Day, 1992 .
t85 . National Customer Service Week, 1992 .
t86 . General Pulaiiki Memorial Day, 1992 .
t87 . Veterans Day, 1992 .
188 . In Celebration of the 200th Anniversary of the White
House.
189 . Energy Awareness Month, 1992 .
190 . National Children’s Day, 1992 .
DATE PAGE
Sept. 26, 1992 .... 5408
Sept. 26, 1992 .... 5409
Sept. 26, 1992 .... 5410
Sept. 27, 1992 .... 6411
Oct. 1, 1992 . 6412
Oct. 1, 1992 . 5414
Oct. 1, 1992 . 5415
Oct. 8, 1992 . 5416
Oct. 8, 1992 . 5417
Oct. 8, 1992 . 5418
Oct. 9, 1992 . 5420
Oct. 9, 1992 . 5422
Oct. 9, 1992 . 5423
(CONTINUED)
Public Law 102-550
102d Congress
An Act
Oct. 28, 1992
[H.R. 5334]
Housing and
Community
Development
Act of 1992.
42 use 5301
note.
To amend and extend certain laws relating to housing and community development,
and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
(a) Short Title. — ^This Act be cited as the "Housing and
Community Development Act of ISOz”.
(b) Table of Contents.—
Sec. 1. Short title and table of contents.
Sec. 2. Effective date.
TITLE I— HOUSING ASSISTANCE
Subtitle A— General Provisions
Sec. 101. Low-income housing authorization.
Sec. 102. Extension of ceiling rents.
Sec. 103. Definitions of income and adjusted income and applicability to Indian
housing programs.
Sec. 104. Public and se^on 8 housing tenant preference rules.
Sec. 105. Income elimbility for assists housing.
Sec. 106. Family seu-sufficiency program.
Subtitle B — Public and Indian Housing
Sec. 111. Mmor reconstruction of obsolete projects.
Sec. 112. Public housine tenant preferences.
Sec. 113. Reform of public housing mana^ment.
Sec. 114. Public housmg operating Bubsimes.
Sec. 115. Public housing vacan^ reduction.
Sec. 116. Public housing demolition and disposition.
Sec. 117. Public housing resident man^ment.
Sec. 118. Public housing homeownership.
Sec. 119. Public housing family investment centers.
Sec. 120. Revitalization of severely distressed pubUc housing.
Sec. 121. Choice in public housing management.
Sec. 122. Assisted housing for Inmans and Alaska Natives.
Sec. 123. Public housi^ early childhood development services.
Sec. 124. Indian housing childhood development services.
Sec. 125. Public housing one-stop perinatal services demonstration.
Sec. 126. Public housing youth sports programs.
Sec. 127. National Commission on Distreraed Public Housing.
Sec. 128. National Commission on American Indian, AlasfcaNative, and Native Ha¬
waiian Housing.
Sec. 129. Rental assistance firaud recoveries.
Sec. 130. Project-based accounting.
Sec. 131. Sale of certain scattered-site housing.
Sec. 132. Homeownership demonstration program in Omaha, Nebraska.
Subtitle C— Section 8 Assistance
Sec. 141. Eligibility of low-income families to receive rental assistance.
Sec. 142. Contract adjustments for expiration of property tax exemption.
Sec. 143. Termination of contracts.
Sec. 144. Preferences for veterans with disabilities that prevent use of home.
Sec. 145. Termination of tenancy for criminal activity.
Sec. 146. Definitions of "project-Wed assistance” and “tenant-based assistance”.
Sec. 147. Portability.
Sec. 148. Fanuly ui^cation assistance.
PUBLIC LAW 102-550— OCT. 28, 1992
106 STAT. 3673
149. Iii^lementation of amendments to project-based certificate program.
150. Effectiveness of section 8 assistance for FHA-owned unite.
151. Implementation of income eligibility provisions for section 8 new construc¬
tion units.
152. Moving to opportunity for fair housing.
153. Direcme to nuther fair housing objectives under certificate and voucher
programs.
154. Housmg assistance in Jefferson County, Texas.
155. Compliance of certain activities with lunitations on project-based assist¬
ance.
Subtitle D — Other Programs
161. Public and assisted housing drug elimination.
162. Housing coimseling.
163. Use of funds recaptured from refinancing State and local finance projects.
164. HOPE for you^.
165. Extension for commencement of certain construction.
Subtitle E — Homeownership Programs
181. HOPE programs.
182. Nationtu Homeownership Trust demonstration.
183. Nehemiah housing opportunity grante.
184. Loan guarantees for Indian housing.
185. Assistance under section 8 for homeownership.
186. Enterprise zone homeownership opportunity grants.
Subtitle F — ^Implementation
. 191. Implementation.
TITLE II— HOME INVESTMENT PARTNERSHIPS
. 201. Authorization of appropriations.
. 202. Home program thmshmds.
. 203. Elimination of restrictions on new construction.
. 204. Policies and preference rules; use of tenant-based rental assistance
amounts for security deposits.
. 205. Use of home funds for homeless assistance.
. 206. Per unit cost limits.
. 207. Administrative costs as eligible use of investment.
. i208. Affordable housing.
. 209. Homeownership resale restrictions.
. 210. Matching requuements.
. 211. Assistance for insular areas.
. 212. Community housing production set-aside.
. 213. Housing education and organizational support for community land trusts.
. 214. Land bank redevelopment.
. 215. Research in providing affordable housing through innovative building
teclmiques and technology.
. 216. Use of innovative building technologies to provide cost-saving housing op-
portunitieB.
. 217. Definition of community housiim development organization.
. 218. Inclusion of echo housing in definition of housing.
. 219. Eligibility of manufactured homeowners as first-time homebuyers.
. 220. Eligibility for assistance and contents of strategies.
. 221. Loration of activities.
. 222. Regulations.
:. 223. Retroactive application of home amendments.
TITLE HI— PRESERVATION OF LOW-INCOME HOUSING
Subtitle A — Prepayment of Mortgages Insured Under National Housing Act
301. Authorization of appropriations.
302. Guidelines for ^praisals of preservation value.
303. Second notice of intent.
304. Plan of action.
305. Approval of plan of action.
306. Reraipt of incentives to extend low-income use.
307. iSransfer to qualified purchasers.
308. Criteria for plan of action involving incentives.
309. Resident homeownership program.
310. Definition of elimble low-income housing.
311. Preemption of l^te and local laws.
106 STAT. 3674
PUBLIC LAW 102-550— OCT. 28, 1992
Sec. 312. Technical assistance and capacity building.
Sec. 313. Transition provisions.
Sec. 314. Conditions of assistance.
Sec. 315. Delegated responsibility to State agencies.
Sec. 316. Insurance for second mortgage financing.
Sec. 317. Technical amendments.
Sec. 318. Study of prtgects assisted under flexible subsidy program.
Subtitle B — Other Preservation Provisions
Sec. 331. Eligibility of public mortgagors for section 236 mortgage insurance.
Sec. 332. Regulations.
TITLE IV— MULTIFAMILY HOUSING PLANNING AND INVESTMENT
STRATEGIES
Sec. 401. Definitions.
Sec. 402. Required submission.
Sec. 403. Contents.
Sec. 404. Submission and review.
Sec. 405. Troubled multifamily housing.
Sec. 406. Flexible subsidy program.
Sec. 407. Cap^ty stui^.
Sec. 408. Flrable subsidy program.
TITLE V— MORTGAGE INSURANCE AND SECONDARY MORTGAGE MARKET
Subtitle A — FHA Mortgage Insurance Programs
Sec. 501. Limitation on insurance authority.
Sec. 502. Federal Housing Administration Advisory Board.
Sec. 503. Maximum mortgage amount.
Sec. 504. FHA annual report.
Sec. 505. Maximum principal obligation of mortgages for veterans.
Sec. 506. Prepurchase counseling requirement.
Sec. 507. Auuority to decrease insurance premiiun cha^s.
Sec. 508. Statute of limitations on rayment of distributive shares.
Sec. 509. Mortgage limits for multuamily nrojecta.
Sec. 510. Insurance of loans for operating losses of multifamily projects.
Sec. 511. Eligibility of assisted hving facilities for mortgage insurance under se<
tion 232.
Sec. 512. Expediting insurance for acquisition of Resolution Trust Corporatio
properly
Sec. 613. Ener^ efficient mortgages pilot program.
Sec. 514. Study regarding home warranty plans.
Sec. 615. Expenditures to correct defects.
Sec. 516. Payment of mortgaro insurance claims.
Sec. 517. Coverage of the Multifamily Mortgage Foreclosure Act.
Sec. 518. Mortga^^ Review Board.
Sec. 519. Definition of mortgagee.
Sec. 620. Exemption firom section 137(b) of the Truth in Lending Act.
Subtitle B — Secondary Mortgage Market Programs
Sec. 531. Limitation on GNMA guarantees of mortgage-backed securities.
Sec. 532. Authority for GNMA to make hardship interest payments.
Subtitle C — ^Improvement of Financing for Multifamily Housing
Sec. 541. Short title.
Sec. 542. Multifamily mortgage credit demonstrations.
Sec. 543. National interagency task force on multilamily housing.
Sec. 544. Definitions.
TITLE VI— HOUSING FOR ELDERLY PERSONS AND PERSONS WITH
DISABIUTIES
Subtitle A — Supportive Housing Programs
Sec. 601. Fundmg for supportive housing for the elderly and for persons with dii
abilities.
Sec. 602. Supportive housing for the elderly.
Sec. 603. Supportive housing for persons with disabilities.
Sec. 604. Revised congregate housing services pn^^ram.
Sec. 605. HOPE for eideny indepenmnoe.
Sec. 606. Housing opportunities for persons with AIDS.
PUBLIC LAW 102-550— OCT. 28, 1992
106 STAT. 3675
ubtiile B — ^Authority for Public Housing Agencies to Provide Designated Public
Housing and Assistance for Disabled Families
621. Definitions.
622. Authority.
623. Tenant-based assistance for persons with disabilities.
624. Development and reconstruction of hovising for disabled families.
625. Conforming amendments.
626. Inapplicabuity to Indian public housing.
btiUe C — Standards and Obligations of Residency in Federally Assisted Housing
, 641. Compliance by owners as condition of Federal assistance.
. 642. Compliance with criteria for occupancy as requirement for tenancy.
, 643. Establishment of criteria for occupancy.
. 644. Assisted applications.
abtitle D— -Authority to Provide Preferences for Elderly Residents and Units for
Disabled Residents in Certain Section 8 Assisted Housing
651. Authority.
652. Reservation of units for disabled families.
653. Secondary preferences.
654. General availability of units.
655. Preference within groups.
656. Prohibition of evictions.
657. Treatment of covered section 8 housing not subject to elderly preference.
658. Treatment of other federally assisted housing.
659. Covered section 8 housing.
660. Section 8 preference.
, 661. Study.
ibtitle E — Service Coordinators for Elderly and Disabled Residents of Federally
Assisted Housing
. 671. Requirement to provide service coordinators.
672. Required training of service coordinators.
, 673. Costs of providing service coordinators in public housing.
, 674. Costs of providing service coordinators in project-based section 8 housing.
675. Costs of providing service coordinators for families receiving Federal ten-
ant-basM assistance.
, 676. Grants for costs of providing service coordinators in multifamily housing
assisted under National Housing Act.
. 677. Expanded responsibilities of service coordinators in section 202 housing.
Subtitle F — General Provisions
. 681. Comprehensive housing affordability strategies.
. 682. Conforming amendments.
683. Definitions.
, 684. Applicability.
. 685. Regulations.
TITLE VII— RURAL HOUSING
, 701. Program authorizations.
702. Eligibility of homes on leased land owned by community land trusts for
section 502 loans.
703. Maximum income of borrowers under guaranteed loans.
704. Remote rural areas.
705. Designation of underserved areas and reservation of assistance.
706. Rural Housing Voucher program.
707. Rental housing loans.
708. Nonprofit set-aside.
709. Consideration of certain areas as rural areas.
710. Permanent authority for section 523.
711. Housing preservation grants for replacement of housing.
712. Preservation.
713. Disaster assistance.
714. Prohibition on transfer of rural housing programs.
715. Site acquisition and development.
716. Reciprocity in approval of housing subdivisions among Federal agencies.
106 ST AT. 3676
PUBLIC LAW 102-550— OCT. 28, 1992
TITLE VIII-OOMMUNITY DEVELOPMENT
Subtitle A— Community Development Block Grants
Sec. 801. Communily development authorizations.
Sec. 802. Units of general lo^ government.
Sec. 803. Urban counties.
Sec. 804. Retention of program income.
Sec. 805. Elconomic development.
Sec. 806. Evaluation, sele^ion, and review of economic development projects.
Sec. 807. Blicpble activities.
Sec. 808. Reference to Fair Housing Act.
Sec. 809. Eligibility of enterprise zones.
Sec. 810. Assistance for colonias.
Sec. 811. State set-aside for technical assistance.
Sec. 812. Community development plans and reports.
Sec. 813. Delay use of 1990 census housing data to examine effect on targeting fot
CDBG formula.
Subtitle B — Other Community Development Programs
Sec. 831. Neighborhood Reinvestment Corporation.
Sec: 832. Neighborhood development program.
Sec. 833. Study regarding housing technology research.
Sec. 834. Designation of enterprise zones.
Subtitle C — ^Miscellaneous Programs
Sec. 851. Community Outreach Act.
Sec. 852. Computerized database of community development needs.
Sec. 853. Community Investment Corporation demonstration.
Sec. 854. Emergency assistance for Lm Angeles.
TITLE IX— REGULATORY AND MISCELLANEOUS PROGRAMS
Subtitle A— Miscellaneous
Sec. 901. HUD research and development.
Sec. 902. Administration of Department of Housing and Urban Development.
Sec. 903. Participant’s consent to release of information.
Sec. 904. National Institute of Building Sciences.
Sec. 905. Fair housing initiatives program.
Sec. 906. National Commission on Manufactured Housing.
Sec. 907. Manufactured housing.
Sec. 908. Real Estate Settlement Procedures Act of 1974.
Sec. 909. Community Reinvestment Act of 1977.
Sec. 910. Report on community development lending.
Sec. 911. Subsidy layering review.
Sec. 912. Solar assistance financing entity.
Sec. 913. Technical and Conforming Amendments relating to labor wage rates
tmder housing programs.
Sec. 914. Energy efficient mortgages.
Sec. 915. Economic opportunities for low- and very low-income persons.
Sec. 916. Study of the effectiveness of section 3 of the Housing and Urban Develoo-
ment Act of 1968.
Sec. 917. Indian housing authorities.
Sec. 918. Study regarding foreclosure alternatives.
919. Regulations clarifying the term “housing for older persons”.
Sec. 920. Use of domestic products.
Sec. 921. Improved coordination of urban policy.
Sec. 922. Prohibition of lump-sum payments.
Sec. 923. Economic independence.
Sec. 924. Administrative provision.
Sec. 925. Performance goals.
Sec. 926. Regulation of consultants.
Sec. 927. Clsinfication on utility allowances.
Sec. 928. Flood control restoration zone.
Sec. 929. Salaries and expenses.
Sec. 930. The National Cities in Schools Community Development program.
Sec. 931. Bank Enterprise Act of 1991 and related provisions.
Sm. 932. Disclosures under the Home Mortgage Disclosure Act of 1975.
Sec. 933. Prohibition on \ise of “rule of 78’s” in connection with mortgage
refinancings and other consumer loans.
PUBLIC LAW 102-550— OCT. 28, 1992
106 STAT. 3677
Subtitle B — ^Bank Regulatory Clarification Provisions
X.
951.
X.
952.
X.
953.
X.
954.
,
955.
X.
956.
957.
Amendment relating to estimates of real estate settlement costs.
Adjustable rate mortgage caps.
Modifying separate capitaliution rule for savings associations’ subsidi¬
aries engagM in activities not permissible for national banks.
Real estate appraisal amendment.
Insider lendiim.
Clarification of compensation standards.
Truth in Savings Art amendments.
TTLE X— RESIDENTIAL LEAD-BASED PAINT HAZARD REDUCTION ACT OP
1992
)c. 1001. Short title.
ic. 1002. Findings.
. 1003. Purposes.
. 1004. Defimtions.
Subtitle A — Lead-Based Paint Hazard Reduction
)c. 1011. Grants for lead-based paint hazard reduction in target housing.
K. 1012. Evaluation and reduction of lead-based paint hazards in federally as¬
sisted housiM.
)c. 1013. Disposition of federally owned housing.
)c. 1014. Comprehensive housing affordabilify strategy.
ic. 1015. Task force on lead-bas^ paint hazard reduction and financing.
)c. 1016. National consultation on lead-based paint hazard reduction.
ic. 1017. Guidelines for lead-based paint hazard evaluation and reduction activi¬
ties.
ic. 1018. Disclosure of information concerning lead upon transfer of residential
property.
Subtitle B — Lead Exposure Reduction
ic. 1021. Contractor training and certification.
Subtitle C — ^Worker Protection
)c. 1031. Worker protection.
)c. 1032. Coordination between Environmental Protection Agency and Depart¬
ment of Labor.
)c. 1033. NIOSH responsibilities.
Subtitle D — Research and Development
Part 1— HUD Research
K. 1051. Research on lead exposure from other sources.
X. 1052. Testing technologies.
m:. 1053. Authorization.
Part 2— GAO Report
X. 1056. Federal implementation and insurance study.
Subtitle E — ^Reports
X. 1061. Reports of the Secretary of Housing and Urban Development.
TITLE XI— NEW TOWNS DEMONSTRATION PROGRAM FOR EMERGENCY
REUEF OF LOS ANGELES
5C. 1101.
X. 1102.
X. 1103.
. 1104.
X. 1105.
X. 1106.
5c. 1107.
. 1108.
. 1109.
Authority.
New town plan.
New town development demonstration program requirements.
Federal mortgage insurance.
Secondaiy soft mortgage financing for housing.
Commumfy development assistance.
Govemingl
ReMrts.
Definitions.
TITLE XU— REMOVAL OF REGULATORY BARRIERS TO AFFORDABLE
HOUSING
3C. 1201. Short title.
X. 1202. Purposes.
lOfi STAT. 3678 PUBLIC LAW 102-550— OCT. 28, 1992
Sec. 1203. Definition of regulatory barriers to affordable housing.
Sec. 1204. Grants for regulatory barrier removal strategies and implement
Sec. 1205. Regulatory barriers clearinghouse.
Sec. 1206. Substantially equivalent Federal and State barrier assessmen
requirements.
Sec. 1207. Reports by Secretary.
TITLE XIII-GOVERNMENT SPONSORED ENTERPRISES
Sec. 1301. Short title.
Sec. 1302. Congressional findings.
Sec. 1303. Definitions.
Sec. 1304. Protection of taxpayers against liability.
Subtitle A — Supervision and Regulation of Enterprises
Part i— Financial Safety and Soundness Regulator
Sec. 1311. Establishment of Office of Federal Housing Enterprise Oversigl
Sec. 1312. Director.
Sec. 1313. Duty and authority of director.
Sec. 1314. Authority to require reports by enterprises.
Sec. 1315. Personnel.
Sec. 1316. Funding.
Sec. 1317. Examinations.
Sec. 1318. Prohibition of excessive compensation.
Sec. 1319. Authority to provide for review of enterprises by rating organiz
Sec. 1319A. Equal opportunity in solicitation of contracts.
Sec. 1319B. Annual reports by director.
Sec. 1319C. Public disclosure of final orders and agreements.
Sec. 1319D. Limitation on subsequent employment.
Sec. 1319E. Audits by GAO.
Sec. 1319F. Information, records, and meetings.
Sec. 1319G. Regulations and orders.
Part 2— Authority of Secretary
SUBPART A— GENERAL AUTHORITY
Sec. 1321. Regulatory authority.
Sec. 1322. Prior approval authority for new programs.
Sec. 1323. Public access to mortgage information.
Sec. 1324. Annual housing report.
Sec. 1325. Fair housing.
Sec. 1326. Prohibition of public disclosure of proprietary information.
Sec. 1327. Authority to require reports by enterprises.
Sec. 1328. Reports by Secretary.
SUBPART B— HOUSING GOALS
Sec. 1331. Establishment.
Sec. 1332. Low- and moderate-income housing goal.
Sec. 1333. Special affordable housing goal.
Sec. 1334. Central cities, rural areas, and other underserved areas housii
Sec. 1335. Other requirements.
Sec. 1336. Monitoring and enforcing compliance with housing goals.
Sec. 1337. R^rts during transition.
Sec. 1338. Effective date of transition goals.
SUBPART C— ENFORCEMENT OF HOUSING GOALS
Sec. 1341. Cease-and-desist proceedings.
Sec. 1342. Hearing.
Sec. 1343. Judicial review.
Sec. 1344. Enforcement and jurisdiction.
Sec. 1345. Civil money penalties.
Sec. 1346. Public disclosure of final orders and agreements.
Sec. 1347. Notice of service.
Sec. 1348. Subpoena authority.
Sec. 1349. Regulations.
Part 3— Miscellaneous Provisions
Sec. 1351. Amendments to title 5, United States Code.
Sec. 1352. Prohibition of merger of office.
Sec. 1353. Pro^tion of confidential information.
Sec. 1354. Review of underwriting guidelines.
PUBLIC LAW 102-550— OCT. 28, 1992
106 STAT. 3679
)C. 1355. Studies of effects of privatization of FNMA and FHLMC.
)C. 1356. Transition.
Subtitle B — ^Required Capital Levels for Enterprises and Special Enforcement
Powers
sc. 1361. Risk-based capital levels,
sc. 1362. Minimum capital levels,
sc. 1363. Critical capital levels,
sc. 1364. Capital classifications.
sc. 1365. Supervisoiy actions applicable to underc^italized enterprises,
sc. 1366. Supervisory actions applicable to significantly undercapitalized enter¬
prises.
sc. 1367. iwpointment of conservators for critically undercapitalized enterprises.
sc. 1368. Notice of classification and enforcement action.
sc. 1369. Appointment of conservators.
sc. 1369A. Powers of conservators.
sc. 1369B. Liability protection for conservators.
sc. 1369C. Capital restoration plans.
sc. 1369D. Jumdal review of director action.
Subtitle C — ^Enforcement Provisions
sc. 1371. Cease-and-desist proceedings.
sc. 1372. Temporary cease-and-desist orders.
sc. 1373. Hearinra.
sc. 1374. Judicial review.
sc. 1375. Enforcement and iurisdiction.
sc. 1376. Civil money penalties.
sc. 1377. Notice after separation from service.
sc. 1378. Private rights of action.
sc. 1379. Public disclosure of final orders and agreements,
sc. 1379A. Notice of service,
sc. 1379B. Subpoena authority.
Subtitle D — ^Amendments to Charter Acts of Enterprises
sc. 1381. Amendments to Federal National Mortgage Association Charter Act.
sc. 1382. Amendments to Federal Home Loan Mortgage Corporation Act.
sc. 1383. Implementation.
Subtitle E — ^Regulation of Federal Home Loan Bank System
sc. 1391. Primacy of financial safety and soundness for Federal Housing Finance
Board.
sc. 1392. Advances under Federal Home Loan Bank Act.
sc. 1393. Studies regarding Federal Home Loan Bank system.
sc. 1394. Report of Federal Home Loan Bank members.
sc. 1395. Reports regarding consolidation of Federal Home Loan Bank system.
TITLE XIV— HOUSING PROGRAMS UNDER STEWART B. MCKINNEY
HOMELESS ASSISTANCE ACT
Subtitle A — Housing Assistance
sc. 1401. Short title.
sc. 1402. Emergency Shelter Grants progrsun.
sc. 1403. Supportive Housing program.
sc. 1404. Sale Havens for Homeless Individuals Demonstration progrsun.
sc. 1405. Section 8 assistance for single room occupancy dwellings.
sc. 1406. Shelter Plus Csure progrsun.
sc. 1407. FHA single fsunily property disposition.
sc. 1406. Rursd Homelessness Grant pro^sun.
ic. 1409. Evsduation of proems.
»c. 1410. Extension of original McKinney Act Housing programs.
»c. 1411. Consultation and report regardii^ use of National Guard facilities as
overnight shelters for homeless individuals.
ic. 1412. Strata^ to eliminate unfit trsuisient facilities.
»c. 1413. Amendments to table of contents.
ic. 1414. Use of FMHA inventoiy for transitionsd housing for homeless persons
and for turnkey housing.
Subtitle B — Interagency Council on the Homeless
ic. 1421. Authorization of appropriations,
ic. 1422. Extension.
loa STAT. 3680
PUBLIC LAW 102-550— OCT. 28, 1992
Subtitle C — ^Federal Emergency Management Food and Shelter Program
Sec. 1431. Authorization of appropriations.
Sec. 1432. Employment and participation of homeless individuals in local programs.
TITLE XV— ANNUNZIO-WYLIE ANTI-MONEY LAUNDERING ACT
Sec. 1500. Short title.
Subtitle A— Termination of Charters, Insurance, and Offices
Sec. 1601. Authority to appoint conservator for depository institutions convicted of
money laundering.
Sec. 1502. Revoking charter of Federal depository institutions convicted of money
laundering or cash transaction reporting offenses.
Sec. 1503. Terminating insurance of Stats depositoiy institutions convicted of
money laundering or cash transaction reporting offenses.
Sec. 1504. Removing parties involved in currency reporting violations.
Sec. 1505. Unauthorized participation.
Sec. 1506. Access by State financial institution supervisors to currency transactions
reports.
Sec. 1607. Restricting State branches and agencies of foreign banks convicted of
money laundering offenses.
Subtitle B — Nonbank Financial Institutions and General Provisions
Sec. 1511. Identification of financial institutions.
Sec. 1512. Prohibition of ille^ money transmitting businesses.
Sec. 1513. Compliance procediues.
Sec. 1514. Nondisclosure of orders.
Sec. 1515. Provisions relating to recordkeeping with respect to certain funds trans¬
fers.
Sec. 1516. Use of certain records.
Sec. 1517. Suspicious transactions and financial institution anti-money laundering
programs.
Sec. 1518. Anti-money laundering training team.
Sec. 1519. International money laundering reports.
Subtitle C— Money Laundering Enforcement Improvements
Sec. 1521. Jurisdiction in civil forfeiture cases.
Sec. 1522. Civil forfeiture of fungible property.
Sec. 1523. Procedure for subpoenaing bank records.
Sec. 1524. Deletion of redundant and inadvertently limiting provision in 18
U.S.C. 1956.
Sec. 1525. Structuring transactions to evade CMIR requirement.
Sec. 1526. Clarification of definition of financial institution.
Sec. 1527. Definition of financial transaction.
Sec. 1528. Obstructing a money laundering investigation.
Sec. 1529. Awards in money laundering cases.
Sec. 1530. Penalty for money laundering conspiracies.
Sec. 1531. Technical and conforming amendments to money laundering provision.
Sec. 1532. Preclusion of notice to possible suspects of existence of a grand jury sub¬
poena for bank record in money laundering and controlled substance
investigations.
Sec. 1533. Elimination of restriction on disposal of forfeited property by the Depart¬
ment of the Treaswy and the Postal Service.
Sec. 1534. New money laundering predicate offenses.
Sec. 1535. Amendments to the Bank Secrecy Act.
Sec. 1536. Expansion of money laundering law to cover proceeds of certain foreign
crimes.
Subtitle D — ^Reports and Miscellaneous
Sec. 1541. Study and report on reimbursing financial institutions and others for
providing financial records.
Sec. 1542. Reporte of information regarding safety and soundness of depositoiy
institutions.
Sec. 1543. Immunity.
Sec. 1544. Interagency information sharing.
Subtitle E — Counterfeit Deterrence
Sec. 1551. Short title.
Sec. 1552. Increase in penalties.
Sec. 1553. Deterrents to counterfeiting.
Sec. 1554. Reproductions of currency.
PUBLIC LAW 102-550— OCT. 28, 1992
106 STAT. 3681
Subtitle F— MiscellaneouB Provieioiu
0C. 1661. Civil money penalties.
0C. 1662. Authority to order depository institutiO|M to obtam copies of CTKS flrom
customers whi^ are unregulated businesses. ..... ..
0C. 1663. Whistleblower protection for employees of financial mstitutions other
than deposito^ institutions.
sc. 1664. Advisory group on reporting requirements. ^ ,
sc. 1666. GAO feasibUi^ stu^ of the finirndal crimes enforcement network.
TITLE XVI— TECHNICAL CORRECTIONS OP BANKING LAWS
Subtitle A — ^Federal Deposit Insurance Corporation Improvement Act
sc. 1601. Table of contents. . , , ... .
. 1602. Transfer and redesignation of sections with duphcate section numbers,
sc. 1603. Technical corrections relating to title I of the Federal Deposit Insurance
Corporation Improvement Act of 1991. ,
sc. 1604. Technical corrections relating to title U of the Federal Deposit Insurance
Corporation Improvement Act of 1991. ,
sc. 1605. Tedmical corrections relating to title III of the Federal Deposit Insur¬
ance Corporation Improvement Act of 1991.
sc. 1606. Technical corrections relating to title IV of the Federal Deposit Insur¬
ance Corporation Improvement Act of 1991.
sc. 1607. Technical corrections relating to title V of the Federal Deposit Insurance
Corporation Improvement Act of 1991.
sc. 1608. Federal Housing Finance Board practice required to conform to congres¬
sional intent and existing law.
sc. 1609. Effective date.
Subtitle B — ^Resolution Trust Corporation
sc. 1611. Technical corrections relating to title I of the Resolution Trust Corpora¬
tion Refinancing, Restructuring, and Improvement Act of 1991.
sc. 1612. Tedmical corrections relating to title n of the Resolution Trust Corpora¬
tion Refinancing, Restructuring, and Improvement Act of 1991.
sc. 1613. Tedmical corrections relating to title III of the Resolution Trust
Corporation Refinancing, Restructuriim, and Imjmvement Act of 1991.
sc. 1614. Tedmical corrections relating to title Iv of the Resolution Trust Cor¬
poration Refinancing, Restructuring, and Im;[mvement Act of 1991.
sc. 1615. Tedmical corrections relating to title V of the Resolution Trust Corpora¬
tion l^financing. Restructuring, and Ii^rovement Act of 1991.
sc. 1616. Technical corrections relating to title VT of the Resolution Trust Cor¬
poration Refinancii^, Restructuring, and Improvement Act of 1991.
sc. 1617. Repeal of title consisting of amendments duplicated in the Federal
Deposit Insurance Corporation Improvement Act of 1991.
sc. 1618. Effective date.
EC. 2. EFFECTIVE DATE.
The provisions of this Act and the amendments made by this
.ct shall take effect and shall apply upon the date of the enactment
f this Act, unless such provisions or amendments specifically pro-
ide for effectiveness or applicability upon another date certain.
TITLE I— HOUSING ASSISTANCE
Subtitle A — General Provisions
EC. 101. LOW-INCOME HOUSING AUTHORIZATION.
(a) Aggregate Budget Authority.— Section 5(cX6) of the
Fnited States Housing Act of 1937 (42 U.S.C. 1437c(cX6)) is
mended by adding at the end the following new sentence: "The
ggpregate amount of budget authority that may be obligated for
ssistance referred to in paragraph (7) is increased (to the extent
pproved in appropriation Acts) by $14,710,990,520 on October
, 1992, and by $15,328,852,122 on October 1993.”.
(b) Utilization of Budget Authority.— Section 5(cX7) of the
Inited States Housing Act of 1937 (42 U.S.C. 1437c<cX7)) is
42 use 6801
note.
)6 STAT. 3682
PUBLIC LAW 102-550— OCT. 28, 1992
amended by striking the paragraph designation and all that follows
through the end of subparagraph (B) and inserting the following:
^XA) Using the adchtioncQ budget authority provided under
paragraph (6) and the balances of budget authority that become
available during fiscal year 1993, the Secretary shall, to the extent
approved in appropriation Acts, reserve autnority to enter into
obUgations aggregating —
**(i) for public housing grants under subsection (aX2), not
more than $830,900,800, of which amount not more than
$257,320,000 shall be available for Indian housing;
**(ii) for assistance under section 8, not more than
$1,977,662,720, of which $20,000,000 shall be available for 15-
year contracts for project-based assistance to be used for a
multicultural tenant empowerment and homeownership project
located in the District of Columbia, except that assist^ce pro¬
vided for such project shall not be considered for purposes
of the percentage limitations under section 8(iX2); except that
not more than 49 percent of any amounts appropriated under
this clause may be used for vouchers under section 8(o);
‘'(iii) for comprehensive improvement assistance grants
under section 14(k), not more than $3,100,000,000;
‘'(iv) for assistance under section 8 for property disposition,
not more than $93,032,000;
‘'(v) for assistance under section 8 for loan management,
not more than $202,000,000;
‘'(vi) for extensions of contracts expiring under section 8,
not more than $6,746,135,000, which shall he for 5-year con¬
tracts for assistance under section 8 and for loan management
assistance under such section;
^(vii) for amendments to contracts under section 8, not
more than $1,350,000,000;
‘'(viii) for public housing lease adjustments and amend¬
ments, not more than $83,055,000;
“(ix) for conversions from leased housing contracts under
section 23 of this Act (as in effect immecuately before the
enactment of the Housing and CommuniW Development Act
of 1974) to assistance under section 8, not more than
$12,767,000; and
“(x) for grants imder section 24 for revitalization of severely
distressed public housing, not more than $300,000,000.
"(B) Using the additions budget authority provided under para¬
graph (6) and the balances of budget authority that become avail¬
able during fiscal year 1994, the Secretary shall, to the extent
approved in appropriation Acts, reserve authority to enter into
obugations aggregating —
"(i) for public housing grants under subsection (aX2), not
more than $865,798,634, of which amount not more than
$268,127,440 shall be avafiable for Indian housing;
“(ii) for assistance imder section 8, not more than
$2,060,724,554, of which $20,000,000 shall be available for 15-
year contracts for project-based assistance to be used for a
multicultural tenant empowerment and homeownership project
located in the District oi Columbia, except that assist^ce pro¬
vided for such project shall not be considered for purposes
of the percentage lunitations under section 8(iX2); except that
not more than 49 percent of any amounts appropriated under
this clause may be used for vouchers under se^ion 8(6);
PUBLIC LAW 102-550— OCT. 28, 1992
106 STAT. 3683
“(iii) for comprehensive improvement assistance grants
\mder section 14(k), not more than $3,230,200,000;
“(iv) for assist^ce under section 8 for property disposition,
not more than $96,939,344;
“(v) for assistance under section 8 for loan management,
not more than $210,484,000;
“(vi) for extensions of contracts expiring under section 8,
not more than $7,029,472,670, which shall be for 5-year con¬
tracts for assistance under section 8 and for loan management
assistance under such section;
“(vii) for amendments to contracts under section 8, not
more than $1,406,700,000;
“(viii) for public housing lease adjustments and amend¬
ments, not more than $86,543,310;
“(ix) for conversions from leased housing contracts under
section 23 of this Act (as in effect immeoiately before the
enactment of the Housing and Community Development Act
of 1974) to assistance under section 8, not more than
$13,303,214; and
“(x) for grants under section 24 for revitalization of severely
distressed public housing, not more than $312,600,000.”.
SEC. 102. EXTENSION OF CEIUNG RENTS.
(a) Removal of 5-Year Limit.— Section 3(aX2XA) of the United
States Housing Act of 1937 (42 U.S.C. 1437a(aX2XA)) is amended
by striking “for not more than a 5^ear period”.
(b) Extension of Previous Ceiling Rents. — Section 3(aX2XB)
of the United States Housing Act of 1937 (42 U.S.C. 1437a(a)(2)(B))
is amended —
(1) by striking the first sentence; and
(2) in the last sentence, by striking “for the 6-year period
beginning on such date of enactment” and inserting “without
time limitation”.
SEC. 103. DEFINITIONS OF INCOME AND ADJUSTED INCOME AND
APPLICABILITY TO INDIAN HOUSING PROGRAMS.
(a) In General. —
(1) Income. — Section 3(bX4) of the United States Housing
Act of 1937 (42 U.S.C. 1437a(bX4)) is amended bv inserting
after “family* the following: “and any amounts wliich would
be eligible for exclusion under section 1613(aX7) of the Social
Security Act (42 U.S.C. 1382b(aX7))”.
(2) Adjusted income. — Section 3(bX5) of the United States
Housing Act of 1937 (42 U.S.C. 1437a(b)(5)) is amended —
(A) by strildng subparagraph (D) and inserting the
following new subparagraph:
“(D) child care expenses to the extent necessary to
enable another member of the family to be employed or
to further his or her education;”;
(B) by striking “and” at the end of subparagraph (E);
(C) by striking the period at the end of subparagraph
(F) and inserting “; and”; and
(D) by inserting after subparagraph (F) the following
new subparagraph:
“(G) excessive travel expenses, not to exceed $25 per
family per week, for employment- or education-related
travel, except that this subparagraph shall apply only to
families assisted by Indian housing authorities.”.
106 STAT. 3684
PUBLIC LAW 102-550— OCT. 28, 1992
42 use 1481a
note.
42 use 1437aa
note.
Regulations.
42 use 1437d
note.
(3) Budget compliance.— To the extent that the ame:
ments made by paragraphs (1) and (2) result in additio
costs under this title, suen amendments shall be effective o
to the extent that amounts to coyer such additional costs
provided in advance in appropriation Acts.
Ob) Applicability of Definitions to Indian Housing.—
(1) In general.— In accordance with section 201(bX2]
the United States Housing Act of 1937 (42 U.S.C. 1437aa(bX
t^ViA provisions of sections 672, 573, and 574 of the Cranst
Gonzalez National Affordable Housing Act shall apply to pul
housing developed or operated pursuant to a contract betw
the Secretary of Housing ana Urban Development and
Indian Housing Authority.
(2) Effective date. — ^Paragraph (1) shall take effect
if such provision were enacted upon the date of the enactm
of the Cranston-Gonzalez Nationm Affordable Housing Act.
SEC. 104. PUBLIC AND SECTION 8 HOUSING TENANT PKEFEREI
RULES.
Not later than the expiration of the 180-day period bemnr
on the date of the enactment of this Act, the Secretary of Horn
and Urban Development shall issue relations implementing
amendments made by sections 501 ana 545 of the Cranston-C
zalez National Affordable Housing Act. The regulations shall
issued after notice and opportunity for public comment pursv
to the provisions of section 563 of title 5, United States C
(notwithstanding subsections (aX2), (bXB), and (dX3) of such
tion) and shall t^e effect upon issuance.
SEC. 105. INCOME EUGmiUTY FOR ASSISTED HOUSING.
(a) Exemption from Waiting List Requirements. — Sec
16(c) of the United States Housing Act of 1937 (42 U.S.C. 1437i
is amended —
(1) in the first sentence, by striking the second con
and inserting “and”;
(2) in ihe first sentence, by striking and shall”
inserting “. In developing such admission procedures, the
retary shall”; and
(3) by inserting before the period at the end of the pe
timate sentence the following: “; except that such prohibi
shall not apply with respect to families selected for occum
in public housing under the system of preferences estabiit
by the agency pursuant to section 6(cX4)(AXii)”.
(b) Exemption from Eugibility Restrictions.— Sec
16(dX2) of the United States Housing Act of 1937 (42 U.
1437n(dX2)) is amended by inserting before the period to scatt
site public housing dwel^g units sold or intended to be sol
public housing tenants under section 5(h) of this title.”.
SEC. 106. FAMILY SELF-SUFFICIENCY PROGRAM.
(a) Reservation of Operating Subsidies.— The last sent
of section 23(hX2) of the United States Housing Act of 1937
U.S.C. 1437u(hX2)) is amended to read as follows: “Of any amo
appropriated under section 9(c) for fiscal year 1993, $25,000
is authorized to be used for costs under this paragraph, an
any amounts appropriated under such section for fiscal year 1
$25,900,000 is authorized to be used for costs under this i
graph.”.
PUBLIC LAW 102-550— OCT. 28, 1992
106 STAT. 3685
(b) Exception to Required Establishment of Program.—
Section 23(bX2) of the United States Housing Act of 1937 (42
U.S.C. 1437u(bX2)) is amended by striking subparagraphs (A)
through (D) and inserting the following:
‘'(A) lack of supjMrtive services accessible to eligible
families, which shall include insufficient availability of
resources for pro^ams under the Job Training Partner¬
ships Act or the Job Opportunities and Basic Slulls Train¬
ing Program under part F of title IV of the Social Security
Act;
‘'(B) lack of funding for reasonable administrative costs;
“(C) lack of cooperation by other units of State or
local government; or
“03) any other circumstances that the Secretary may
consider appropriate.
In allocating assistance available for reservation under this
Act, the Secretary may not refuse to provide assistance or
decrease the amount of assistance that would otherwise be
provided to any public housing agency because the agency
has provided a certification under this para^aph or because,
pursuant to a certification, the agency has failed to carry out
a self-sufficiency program.”.
(c) Nonparticipation. — Section 23(b) of the United States
Housing Act of 1937 (42 U.S.C. 1437u(b)) is amended by adding
at the end the following new paragraph:
“(4) Nonparticipation. — ^Assistance under the certificate
or voucher programs under section 8 for a family that elects
not to participate in a local program shall not be delayed
by reason of such election.”.
(d) Contract of Participation.— Section 23(cXl) of the United
States Housing Act of 1937 (42 U.S.C. 1437u(cXi)) is amended —
(1) in the second sentence, by inserting after “program”
the following: “, shall establish specific interim and final goals
by which compliance with and performance of the contract
may be measured,”; and
(2) by strikingrthe last sentence and inserting the following
new sentences: *^6 contract shall provide that the public
housing agency may terminate or withhold assistance under
section 8 and services under para^aph (2) of this subsection
if the public housing agency determines, through an administra¬
tive grievance procedure in accordance with the requirements
of section 6(k), that the family has failed to comply with the
requirements of the contract without good cause (which may
include a loss or reduction in access to supportive services,
or a change in circumstances that makes the family or individ¬
ual unsuitable for participation).”.
(e) Supportive Services.— The first sentence of section 23(cX2)
of the United States Housing Act of 1937 (42 U.S.C. 1437u(cX2))
is amended by striking “to each participating family” the second
place it appears.
(f) Escrow Savings Accounts.— Section 23(dX2) of the United
States Housing Act of 1937 (42 U.S.C. 1437u(d)(2)) is amended
in the last sentence by striking “only after” and all that follows
through the end of the sentence and inserting the following: “after
the family ceases to receive income assistance under Federal or
State welfare pro^ams, upon successful performance of the obliga¬
tions of the family under the contract of participation entered
106 STAT. 3686
PUBLIC LAW 102-550— OCT. 28, 1992
into by the family under subsection (c), as determined accordi
to the specific goads and terms included in the contract, and unc
other circumstances in which the Secretary determines an except]
for good cause is warranted. A public housing agency establishi
such escrow accounts may make certain amounts in the accoui
avadable to the participating families before full performance
the contract obligations based on compliance with, and completi
of, specific interim goals included in the contract; except that a
such amounts shall be used by the participating families for pi
poses consistent with the contracts of participation, as determin
by the public housing agency.”.
(g) Incentives for Participation. — Section 23(d) of the Unit
States Housing Act of 1937 (42 U.S.C. 1437u(d)) is amendec
(1) by striking the subsection designation and heading a
inserting the following:
“(d) Incentives for Participation.—”; and
(2) by adding at the end the following new paragra]
“(3) Plan. — Each public housing agency carrying out
local program under this section shall establish a plan to of
incentives to families to encourage families to participate
the program. The plan shall require the establishment of escr
savings accounts imder paragraph (2) and may include a
other incentives designed by the public housing agency.”.
(h) Action Plan. — Section 23(g)(3) of the United States Hoi
ing Act of 1937 (42 U.S.C. 1437u(gX3)) is amended —
(1) in subparagraph (F), by striking “and” at the ei
(2) in subparagraph (G), by striking the period at i
end and inserting and”;
(3) by redesignating subparagraphs (D) through (G)
so amended) as subparagraphs (E) through (H), respective
(4) by inserting after subparagraph (C) the following n
subpara^aph:
“(D) a description of the incentives pursuant to si
section (d) offered by the public housing agency to famil
to encourage participation in the program;”; and
(5) by ad^ng at the end the following new paragra]
“(I) assurances satisfactory to the Secretary tl
nonparticipating families will retain their rights to pul
housing or section 8 assistance notwithstanding the prc
sions of this section.”.
(i) Definitions.— Section 23(n) of the United States Hous:
Act of 1937 (42 U.S.C. 1437u(n)) is amended —
(1) by redesignating paragraphs (3) and (4) as paragrai
(4) and (5), respectively;
(2) by inserting after paragraph (2) the following new pa
graph:
“(3) The term ‘eligible family’ means a family whose h(
of household is not elderly, disabled, pregnant, a prim;
caregiver for children under the age of 3, or for whom i
family self-sufficiency program would otherwise be unsuital
Notwithstanding the preceding sentence, a public hous
agency may enroll such families if they choose to particip
in the program.”; and
(3) by adding at the end the following new paragra
“(6) The term ‘vacant unit’ means a dwelling unit tl
has been vacant for not less than 9 consecutive month
PUBLIC LAW 102-550— OCT. 28, 1992
106 STAT. 3687
(j) Indian Housing. — Section 23(oX2) of the United States
Housing Act of 1937 (42 U.S.C. 1437u(oX2)) is amended to read
as follows:
“(2) Applicability to Indian public housing authori¬
ties. — ^Notwithstanding anv other provision of law, the provi¬
sions of this section shall be optional for Indian housing
authorities.”.
Subtitle B — Public and Indian Housing
SEC. 111. MAJOR RECONSTRUCTION OF OBSOLETE PROJECTS.
(a) In General. — Section 5(jX2) of the United States Housing
Act of 1937 (42 U.S.C. 1437c(jX2)) is amended to read as follows:
“(2)(A) Notwithstanding any other provision of law, the Sec¬
retary may reserve not more than 20 percent of any amounts
appropriated for development of public housing in each fiscal year
for the substantial redesign, reconstruction, or redevelopment of
existing obsolete public housing projects or buildings and for the
costs of improving the management and operation of projects under¬
going redesign, reconstruction, or redevelopment under this para¬
graph (to the extent that such improvement is necessary to maintain
the physical improvements resulting from such redesign, reconstruc¬
tion, or redevelopment).
“(B) For purposes of this paragraph, the term ‘obsolete public
housing project or building* means a public housing project or
building (i) having design or marketability problems resulting in
vacancy in more than 25 percent of the units, or (iiXI) for which
the costs for redesign, reconstruction, or redevelopment (including
any costs for lead-based paint abatement activities) exceed 70 per¬
cent of the total development cost limits for new construction of
similar units in the area, and (II) which has an occupancy density
or a building height that is si^ificantly in excess of that which
Prevails in the neighborhood m which the project is located, a
edroom configuration that could be altered to better serve the
needs of families seeking occupancy to dwellings of the public hous¬
ing agency, significant security problems in and around the project,
or significant physical deterioration or ineflicient energy and utility
systems.
“(C) The Secretary shall allocate amounts reserved under this
section to public housing agencies on the basis of a competition
among public housing agencies applying for such amounts. The
competition shall be based on —
“(i) the management capability of the public housing agency
to cai^ out the redesign, reconstruction, or redevelopment;
“(ii) the expected term of the useful life of the project
or building after redesign, reconstruction or redevelopment;
and
“(iii) the likelihood of achieving full occupancy within the
projects or buildings of the agency that are to be assisted
under this paragraph.
“(D) The Secretary shall establish limitations on the total costs
of any project or building receiving amounts under this paragraph
for redesim, reconstruction, and redevelopment. The cost limita¬
tions shall not be related to the total development cost system
for new development or to the cost limits for modernization and
shall recognize the higher direct costs of such work.
106 STAT. 3688
PUBLIC LAW 102-550— OCT. 28, 1992
Reports.
42 use 1437/.
42 use 1437p.
‘'(E) Assistance may not be provided under this paragraph
for any project or building assisted under section 14.
“(FXi) For each fisral year for which amounts are reserved
or appropriated for the purposes of this paragraph, the Secretary
shall establish performance goals to evaluate the effectiveness of
the use of such amounts. The goals shall —
“(I) be designed to maximize the effectiveness of the
expenditures in a quantifiable manner; and
“(II) describe the number of units to be redesigned, redevel*
oped, and reconstructed with such amounts and improvements
in the management of projects so assisted to be accomplished
with such amounts.
“(ii) Not later than 60 days after the end of each such fiscal
year, the Secretary shall submit a report to the Congress, which
shall describe the i^rformance goals established for the fiscal year,
the activities carried out with such amounts, and a statement
of whether the performance goals were met. If the performance
goals were not met, the report shall contain —
“(I) an explanation of why the goals were not met and
a description of any manageri^ deficiencies or legal problems
that contributed to not meeting such goals;
“(II) plans and a schedule for achieving the level of perform*
ance under such performance goals;
“(III) recommendations for legislative or regulatory changes
necessary to achieve the performance goals or improve perform¬
ance; and
“(IV) a statement of whether the performance goals estab¬
lished for the fiscal year were impractical or infeasible, and,
if so, the factors that contributed and resulted in establishing
such impractical or infeasible goals and recommendations of
actions to meet such goals, wluch may include changing the
goals or altering or eliminating the program tmder tins para¬
graph for mqjor reconstruction of projects.”.
(b) Modernization and Disposition Rbquirements. —
(1) Modernization. — Section 14(c) of the United States
Housing Act of 1937 (42 U.S.C. 14371(c)) is amended —
(A) in the matter preceding paragraph (1) —
(i) by inserting “buildings off after “for”; and
(ii) by striking “which”;
(B) in each of paragraphs (1), (2), (3), and (4), by
inserting “which projects” after the paragraph designation;
(C) in paragraph (3), by strfiung “and” at Ihe end;
(D) by redesignating paragraph (4) as paragraph (6);
and
(E) by inserting after paragraph (3) the following new
paragraph:
“(4) which buildings are not assisted under section 5(jX2);
and”.
(2) Demolition and disposition.— Section 18(a) of the
United States Housing Act of 1937 (42 U.S.C. 1437q(a)) is
amended —
(A) in paragraph (1), by striking “or” at the end;
(B) in paragraph (2), by str&ing the period at the
end and inserting “; or”; and
(C) by adding at the end the following new paragraph:
PUBLIC LAW 102-550— OCT. 28, 1992
106 STAT. 3689
‘^(3) in the case of an application proposing demolition
or disposition of any portion of a public housing project, assisted
at any time under section 5(jX2)—
‘^(A) such assistance has not been provided for the
portion of the proiect to be demolished or disposed within
the 10-year period ending upon submission oi the applica¬
tion; or
*^(3) the property's retention is not in the best interest
of the tenants or the public housing agency because of
extraordinary changes in the area surrounding the proj'ect
or other extraordina:^ circumstances of the project.”.
(c) Regulations. — ^The Secretary shall issue regulations nec-
iry to carry out the amendments made by this section as pro-
id under section 191 of this Act.
. 112. PUBLIC HOUSING TENANT PREFERENCES.
Section 6(cX4XAXi) of the United States Housing Act of 1937
U.S.C. 1437d(cX4XAXi)) is amended by striking “70 percent”
inserting “50 percent”.
. 113. REFORM OF PUBLIC HOUSING MANAGEMENT.
(a) Independent Management Assessment. — Section 6(jX2)
he United States Housing Act of 1937 (42 U.S.C. 1437d(jX2))
mended —
(1) by redesignating subparagraph (B) as subparagraph
(2) by inserting after subparagraph (A) the following new
“(BXi) Upon designating a public housing agency as troubled
suant to subparagraph (A) and determining that an assessment
er this subparagraph will not duplicate any review conducted
er section 14(p), tne Secretary shall provide for an on-site,
spendent assessment of the management of the agency.
“(ii) To the extent the Secretary deems appropriate (taking
I account an agency’s performance under the mdicators specified
er paragraph (1)), the assessment team shall also consider issues
.ting to the agency’s resident population and physical inventory,
uding the extent to which (I) the agency’s comprehensive plan
pared pursuant to section 14 adequately and appropriately
resses the rehabilitation needs of the ajgency’s inventoiy, (II)
dents of the agency are involved in and informed of signj^cant
lagement decisions, and (III) any proiects in the agencys inven-
are severely distressed and eligible for assistance pursuant
Bction 24.
“(iii) An independent assessment under this subpara^aph shall
carried out by a team of knowledgeable individuals selected
he Secretary (referred to in this section as the ‘assessment
n’) with expertise in public housing and real estate management.
[x>nducting an assessment, the assessment team shall consult
!i the residents and with public and private entities in the
sdiction in which the public housing is located. The assessment
n shall provide to the Secretary and the public housing agency
ritten report, which shall contain, at a minimum, recommenda-
is for such management improvements as are necessary to elimi-
B or substantially remedy existing deficiencies.”; and
(3) in subparagraph (C), as so redesignated by paragraph
(1) —
Reports.
106 STAT. 3690
PUBLIC LAW 102-550— OCT. 28, 1992
pursuant to subpaiakranh^
agency’s assessmSttSS^o, 2? consulting with the
and agreement shall set forth”;
ingn?wS^h^^^'°”‘'’®“«>nd sentence the follow-
“ “t® account
involvement in the nmnage^nf^Ag^p
6(jX3XA) of the
amended— * '' (42 U.S.C. 1437d(jX3XA)) is
^^tough adnnnistmtive proc^.S^“Sil^^dTZ
(lu) solicit competitive nronnanll a?® following new clause:
agencies and private entities with housing
1 or more of the actions^Sfe^oS^! Secret^ in writing to
The Secretary shall respond to such ?ubparagraph.
^th a written descrintion *u I^htions m a timely mnnyipr
plans to take and%TiS°apptcUble'ft‘e
Housing
siAparaJa™*'^*' ^ subparagraph (A) the following new
^tfs’ tsjeceivers and other
^fediLrin^di^SdS
fusing Act ^ United States
^e“&" W«^s“a,i'J^d bySflUf
f?®, • including an acrauMb^/.S*®^ .H*® semicolon
«^"f7,MANA0EMENT CORPORA
1937 (42 Housing”^'^?
PUBLIC LAW 102-550— OCT. 28, 1992
106 STAT. 3691
(A) in the first sentence, by inserting ‘"and resident
man^ement corporations” before the period;
(B) in the third sentence, by inserting ""and resident
man£^ement corporations” after "agencies”; and
(C) in the fourth sentence, by striking "indicators.”
and inserting "indicators for public housing agencies, to
the extent practicable:”.
(2) Procedures. — Section 6(jX2) of the United States Hous¬
ing Act of 1937, as amended by subsection (a) of this section,
is further amended by adding at the end the following new
subpara^aph:
^(D) The Secretary shall apply the provisions of this
para^aph to resident management corporations as well
as public housing agencies.”.
SEC. 114. PUBUC HOUSING OPERATING SUBSIDIES.
(a) Authorization op Appropriations. — Section 9(c) of the
United States Housing Act of 1937 (42 U.S.C. 1437g(c)) is amended
to read as follows:
"(cXD There are authorized to be appropriated for purposes
f providing annual contributions under this section $2,282,436,000
or fiscal year 1993 and $2,378,298,312 for fiscal year 1994.
"(2) There are also authorized to be appropriated to provide
annu^ contributions under this section, in addition to amounts
under paragraph (1), such sums as may be necessary for each
of fiscal years 1993 and 1994, to provide each public housing agency
with the difference between (A) the amount provided to the agency
from amounts appropriated pursuant to paragraph (1), and (B)
all funds for which the agency is eligible under the performance
fading system without adijustments for estimated or unrealized
savings.
"(3) In addition to amounts under paragraphs (1) and (2),
there are authorized to be appropriated for annual contributions
under this section to provide for the costs of the adjustments to
income and adjusted income under the amendments made by sec¬
tions 573(b) and (c) of the Cranston-Gonzalez National Affordable
Housing Act such sums as may be necessary for fiscal years 1993
and 1994.”.
(b) Adjustment op Performance Funding System.— Section
9(aX3)(A) of the United States Housing Act of 1937 (42 U.S.C.
1437gXRX3XA)) is amended by inserting after the period at the
end me following new sentence: "Notwithstanding sections 583(a)
and 585(a) of title 5, United States Code (as added by section
3(a) of the Negotiated Rulemaking Act of 1990), any proposed
regulation providing for amendment, alteration, adjustment, or
other chang^ to the performance funding system relating to vacant
public housing units shall be issued pursuant to a negotiated rule-
making procedure under subchapter IV of chapter 5 of such title
(as added by section 3(a) of the Nep;otiated Rulemaking Act of
1990), and the Secretary shall establish a negotiated rulemaking
committee for development of any such proiMsed relations.”.
(c) Energy Savings. — Section 9(a)(3XBXi) of the United States
Housing Act of 1937 is amended by inserting before the semicolon
at the end the following: ", and in subsequent years, if the energy
savings are cost-effective, the Secretary may continue the sharing
arrangement with the public housing agency for a period not to
exceed 6 years”.
106 STAT. 3692
PUBLIC LAW 102-550--OCT. 28, 1992
42 use 1437/.
SEC. IIS. PUBUC HOUSING VACANCY REDUCTION.
(a) Funding. — Section 14(pX6) of the United States Housi
Act of 1937 (42 U.S.C. 14371(pX5)) is amended to read as follow
*‘(5XA) Of any amounts available under this section in et
of fis^ years 1993 and 1994 (after amounts are reserved pursui
to subsection (kXD), an amount equal to 4 percent of such remain;
funds shall be available in each such fiscal year for the purpoi
under subparagraph (B).
‘'(B) Of such amounts available under subparagraph (A)
each such fiscal year —
“(i) 20 Mrcent shall be available only for carrying (
activities under section 6Q); and
“(ii) 80 percent shful be available for carrying out t
subse^ion”.
(b) Scope of Program. — Section 14(pXl) of the United Sta
Housing Act of 1937 (42 U.S.C. 14371(pXl)) is amended —
(1) by striking “or that” and inserting that”; and
(2) by inserting after “6(j),” the following: “or for wh
a receiver has been appointed pursuant to section 6(jXS
(c) Vacancy Reduction Assistance.— Section 14(pX4) of
United States Housing Act of 1937 (42 U.S.C. 14371(pX4))
amended —
(1) in subparagraph (B), by inserting before the semico
the following; except that the Secretary may provide ass
ance to a public housing agency designated as a troubled age;
for the purposes under this subpara^aph only if the Secret
determines that the agency is m^:^ substantial progi
in remedying management deficiencies, if any, or mat
agency has provided reasonable assurances that such progi
be made”; and
(2) in subparagraph (C), by inserting before the semico
the following: except that the Secretary may provide ass
ance to a public housing agency designated as a troubled age
for the purposes under this subpara^aph only if the Secret
determines that the agency is msAdng substantial progi
in remedying management deficiencies, if any, or that
agency has provided reasonable assurances that such progi
be made”.
(d) Availability of Assistance.— Section 14(pX4) of the Uni
States Housing Act of 1937 (42 U.S.C. 14371(pX4)) is amen
by striking the first comma and all that follows through the sec
comma and inserting “, subject to the availability of amounts un
para^aph (6),”.
(e) USE OF Amounts for Assessment Teams.— Section 14(p
of the United States Housing Act of 1937 (42 U.S.C. 14371(p]
is amended by adding at the end the following new subparagrs
“(D) The Secretmy may use amounts made available un
paragraph (6) for any travel and administrative expenses of ass<
ment teams under tins p^agraph.”.
(f) Assessment Team. — ^The second sentence of seci
14(pX3XA) of the United States Housing Act of 1937 (42 U.‘
14371(pX3XA)) is amended—
(1) by striking “and” after “Development” and inseri
a comma; and
(2) by striking “who” and inserting “and officials of
public housing agency, all of whom”.
PUBLIC LAW 102-550— OCT. 28, 1992
106 ST AT. 3693
(g) Reservation of Annual Contributions for AcnvmES
NDER Plan.— Action 14(p) of the United States Housing Act
r 1937 (42 U.S.C. 14371(p)) is amended—
(1) by redesignating para^praphs (3), (4), and (5) (as
amended by the preceding provisions of this section) as para¬
graphs (4), (5), and (6), respectively^ and
(2) by inserting after paragraph (2) the following new para-
Upon the expiration of the 24-month period beginning
pon the receipt of assistance under paragraph (5) by a public
ousing agency, the Secretaiv shall, after reviewing the progress
lade in complying with the plan, reserve from the annual contribu-
on attributable to each unit vacant for the 24-month period an
mount determined by the Secretary but not exceeding 80 percent
f such contribution. Tlie Secretary may not reserve any amounts
nder this subparagraph for any vacant dwelling unit that is vacant
ecause of moaemization, reconstruction, or lead-based paint reduc-
on activities.
"(B) The Secretary shall deposit any amounts reserved under
ibpara^aph (A) in a separate account established on behalf of
le public housing agency, and such amounts shall be available
> the agency on^’' for the purpose of carmng out activities in
)mpliance with the vacancy reduction plan ofrhe agency.
"(C) If, after the expiration of the 24-month period beginning
pon the reservation under subparagraph (A) of amounts for a
uiblic housing agency, the Secretary determines that the agency
as not made significant progress to comply with the provisions
r the vacancy reduction plan of the agency, the amount remaining
i the account for the agency establiimed under subparagraph (B)
iall be recaptured by the Secretary.”.
(h) Technical Corrections. — Section 14(pX2) of the United
tes Housing Act of 1937 (42 U.S.C. 14371(p)(2)) is amended —
(1) in clause (D), by striking "modernization, reconstruc¬
tion” and inserting "comprehensive modernization, msgor
reconstruction”; and
(2) in clause (E), by striking "the modernization” and insert¬
ing "the comprehensive modernization”.
EC. lie. public housing demolition and disposition.
(a) Coordination With Tenants.— Section 18(bKl) of the
Fnited States Housing Act of 1937 (42 U.S.C. 1437p(bXl)) is amend-
d by inserting "of me project or portion of the project covered
y the application” after "tenant cooperative”.
(b) Replacement Plan. — Section 18(bX3) of the United States
[ousing Act of 1937 (42 U.S.C. 1437p(bX3)) is amended —
(1) in subparagraph (A) — ,
(A) in clause (ii), by inserting berore the semicolon
at the end the following: "to the extent available; or if
such assistance is not available, in the case of an applica¬
tion proposing demolition or (Usposition of 200 or more
units, the use of available project-based assistance under
section 8 having a term of not less than 5 years”;
(B) in clause (iii), by inserting before the semicolon
at the end the following; "to the extent available; or if
such assistance is not available, in the case of an applica¬
tion proposing demolition or disposition of 200 or more
units, the use of available project-based assistance under
graph:
^(3XA)
106 STAT. 3694
PUBLIC LAW 102-550— OCT. 28, 1992
other Federal programs having a term of not less thai
5 years”; and
(C) in clause (v), by inserting before the semicoloi
the following: '‘to the extent available; or if such assistanc
is not available, in the case of an application proposin
demolition or disposition of 200 or more units, the us
of tenant'based assistance under section 8 (excludin
vouchers imder section 8(o)) having a term of not les
than 5 years”;
(2) in subparagraph (G), by striking the period at th
end and inserting a semicolon;
(3) by redesignating subparagraphs (B) through (G) as sul
paragraphs (C) through (H), respectively;
(4) by inserting after subparagraph (A) the following ne^
subparagraph:
^(B) in the case of an application proposing demolitio
or disposition of 200 or more units, shall provide th£
(notwithstanding the limitation under section 8(dX2XA) o
the amount of project-based assistance provided by a
agency)—
“(i) not less than 50 percent of such addition]
dwelling units shall be provided through the acquis
tion or development of additional public housing dwel
ing units or through project-based assistance; and
“(ii) not more than 50 percent of such addition;
dwelling units shall be provided through tenant-base
assistance under section 8 (excluding vouchers und(
section 8(o)) having a term of not less than 5 years;
and
(5) by adding at the end the following new flush matte
“except that, in any 5-year period, a public housing agenc
may demolish not more than the lesser of 5 dwelling unii
or 5 percent of the total dwelling units owned and operate
by the public housing agency, without providing an addition
dwelling unit for each such public housing dwelling unit i
be demolished, but only if the space occupied by the demolishc
unit is iised for meeting the service or other needs of publ
housing residents.”,
(c) Set-Asides for Replacement Housing.— Section 18 of tl
United States Housing Act of 1937 (42 U.S.C. 1437p) is amended-
(1) by redesignating subsection (e) as subsection (f); ar
(2) by inserting after subsection (d) the following new su
section:
“(eXl) In each of fiscal years 1993 and 1994, the Secretai
may reserve from any budget authority appropriated for such yei
for assistance under section 8 that is available for families n
currently receiving such assistance not more than 10 percent
such budget authority for providing replacement housing und
subsection (bX3XA) for unite demolished or disposed of pursua
to this section.
“(2) In each of fiscal years 1993 and 1994, the Secretary mj
reserve from any budget authority appropriated for such year f
development of public housing under section 5(aX2) not more thi
the lesser of 30 percent of such budget authorization
$150,000,000, for providing replacement housing under subsectb
(bX3XA) for unite demolished or disposed of pursuant to th
section.”.
PUBLIC LAW 102-550— OCT. 28, 1992
106 STAT. 3695
(d) Yolo County Housing Authority.— The Secret^ of
Bousing and Urban Development shall approve the application
For disposition by the Yolo County Housing Authority (CA30-PO-
003 and CA30-P044-099), provided that the application states
that the tenant coimcils, resident management corporation, and
tenant cooperative, if any, shall be given appropriate opportunities
bo purchase the new replacement units, wUch shall be available
Bind ready for occupancy before the disposition of the existing subject
units. The new units shall be considered public housing for the
purposes of the United States Housing Act of 1937 for which the
Secretary shall provide annual contributions for operation using
smy amoimts made available imder section 9(c).
SEC. 117. PUBUC HOUSING RESIDENT MANAGEMENT.
Section 20(fX3) of the United States Housing Act of 1937 (42
U.S.C. 1437r(fX3)) is amended to read as follows:
“(3) Authorization op appropriations.— There are
authorized to be appropriated to carry out this subsection
$4,750,000 for fiscal year 1993 and $4,949,500 for fiscal year
1994.”.
SEC. 118. PUBUC HOUSING HOMEOWNERSHIP.
(a) Homeownership Assistance. — Section 21(a)(2KC) of the
United States Housing Act of 1937 (42 U.S.C. 1437s(a)(2XC)) is
Eimended —
(1) in the first sentence, by striking “the effective date
of the regulations implementing title III of this Act” and insert*
ing “February 4, 1991”; and
(2) in the second sentence —
(A) by striking “effective”; and
(B) by striking “such Act” and inserting “the Cranston-
Conzalez National Affordable Housing Act”.
(b) Conditions op Purchase.— Section 21(aX3XC) of the
United States Housing Act of 1937 (42 U.S.C. 1437s(a)(3XC)) is
amended —
(1) in the first sentence, by striking “the effective date
of the regulations implementing title III of this Act” and insert¬
ing “February 4, 1991”; and
(2) in the second sentence —
(A) by striking “effective”; and
(B) by striking “such title” and inserting “the Cranston-
Conzalez National Affordable Housing Act”.
SEC. 119. PUBUC HOUSING FAMILY INVESTMENT CENTERS.
Section 22(k) of the United States Housing Act of 1937 (42
U.S.C. 1437t(k)) is amended to read as follows:
“(k) Authorization op Appropriations.— There are authorized
to be appropriated to carry out this section $25,000,000 for fiscal
year 1993 and $26,050,000 for fiscal year 1994.”.
SEC. 120. REVITAUZATION OF SEVERELY DISTRESSED PUBUC HOUS¬
ING.
Title I of the United States Housing Act of 1937 (42 U.S.C.
1437 et seq.) is amended by adding at the end the following new
section:
106 STAT. 3696
PUBLIC LAW 103-550— OCT. 3», 1993
42 use 1437v.
^EC. 24. REVITALIZATION OF SEVERELY DISTRESSED PUBLIC HOUS¬
ING.
“(a) Program Authority. — ^The Secretary may make —
**(1) planning grants under subsection (c) to enable
applicants to develop revitalization programs for severely dis¬
tressed public housmg in accordance with this section; and
"(2) implementation grants under subsection (d) to carry
out revitalization programs for severely distressed public hous¬
ing in accordance with this section.
"0)) Designation of Eligible Projects.—
“(1) Identification. — ^Not later than 90 days after the
date of enactment of the Housing and Community Development
Act of 1992, public housing agencies shall identify, in such
form and manner as the S^ret^ may prescribe, any public
housing projects that they consider to be severely distressed
public housing for purposes of receiving assistance under this
section.
“(2) Review by secretary.— The Secretary shall review
the projects identified pursuant to paragraph (1) to ascertain
whether the projects are severely distressed housing (as such
item is defined in subsection (h)). Not later than 180 days
after the date of enactment of this section, the Secretary shall
publish a list of those projects that the Secretaiy determines
are severely distressed public housing.
“(3) Appeal of secretary’s determination.— The Sec¬
retary shall establish procedures for public housing agencies
to appeal the Secretary s determination that a project identified
by a public housing agency is not severely distressed.
“(c) Planning Grants.—
“(1) In general. — The Secretary may make planning
grants under this subsection to applicants for the purpose of
developing revitalization programs for severely distressed pub¬
lic housing under this section.
“(2) .^OUNT.— The amount of a planning grant under this
subsection may not exceed $200,000 per project, except that
the Secretary may for good cause approve a grant in a higher
amoimt.
“(3) Eugible activities. — ^A planning grant may be used
for activities to develop revitalization programs for severely
distressed public housing, including —
“(A) studies of the different options for revitalization,
including the feasibility, costs and neighborhood impact
of such options;
“(B) providing technical or organizational support to
ensure resident involvement in all phases of the plEmning
and implementation processes;
“(C) improvements to stabilize the development, includ¬
ing security investments;
“(D) conducting workshops to ascertain the attitudes
and concerns of the neighboring community;
“(E) preliminary architectural and engineering work;
“(F) planing for economic development, job training
and self-sufficiency activities that promote the economic
self-sufficiency of residents under the revitalization
pn^am;
“(G) designing a smtable replacement housing plan,
in situations where partial or total demolition is considered;
PUBLIC LAW 102-550— OCT. 28, 1992
106 STAT. 3697
*"(11) planning for necessary management improve*
ments; and
*"(1) preparation of an application for an implementation
grant under this section.
“(4) Applications. — ^An application for a planning grant
shall be submitted in such form and in accordance with such
procedures as the Secretaiy shall establish. Ihe l^cretary shall
require that an application contain at a minimum —
“(A) a request for a planning grant, specifying the
activities proposed, the schedule for completing the activi¬
ties, the personnel necessary to complete the activities
and the amount of the grant requested;
*"(6) a description of the applicant and a statement
of its qualifications;
‘^(C) identification and description of the project •
involved, and a descrii)tion of the composition of the ten¬
ants, including family size and income;
“(D) a certification by the public official responsible
for submitting the comprehensive housing affordability
strategy imder section 105 of the Cranston-Gonzalez
National Affordable Housing Act that the proposed activi¬
ties are consistent with the approved housing strategy of
the State or unit of general local government within which
the project is located; and
“(E) a certification that the applicant will comply with
the requirements of the Fair Housing Act, title \T of the
Civil Rights Act of 1964, section 504 of the Rehabilitation
Act of 1973, and the Age Discrimination Act of 1975, and
will affirmatively further fair housing.
“(5) Selection criteria.— The Secretary shall, by regula¬
tion, establish selection criteria for a national competition for
assistance under this subsection, which shall include —
“(A) the qualities or potential capabilities of the
applicant;
“(B) the extent of resident interest and involvement
in the development of a revitalization program for the
project;
“(C) the extent of involvement of local public and pri¬
vate entities in the development of a revitalization program
for the project and in the provision of supportive services
to project residents;
“(D) the potential of the applicant for developing a
successful and affordable revitalization program and the
suitability of the project for such a program;
“(E) national geographic diversity among housing for
which applicants are selected to receive assistance;
“(F) the extent of the need for and potential impact
of the revitalization program; and
“(G) such other factors that the Secretary determines
are appropriate for purposes of canning out the program
established by this section in an effective and efficient
manner.
“(6) Notification. — ^The Secretary shall notify each
applicant, not later than 6 months after the date of the submis¬
sion of the application, whether the application is approved
or disapproved.
“(d) Implementation Grants. —
Regulations.
106 STAT. 3698
PUBLIC LAW 102-550— OCT. 28, 1992
Regulations.
“(1) In general. — ^The Secretary may make implemei
tlon grants under this subsection to applicants for the purp
of carrying out revitalization programs for severely distres
public housing under this section.
“(2) Eligible activities. — Implementation grants may
used for activities to carry out revitalization programs
severely distressed public housing, including —
“(A) architectural and engineering work;
‘^(B) the redesign, reconstruction, or redevelopmen
the severely distressed public housing development, incl
ing the site on which the development is located;
**(0 covering the administrative costs of the applies
which may not exceed such portion of the assistance ]
vided under this subsection as the Secretary may prescr
*"(0) any necessary temporary relocation of tenants (
ing the activity specified under subparagraph (B);
“(E) payment of legal fees;
“(F) economic development activities that promote
economic self-sufficiency of residents under the revital
tion program;
“(G) necessary management improvements;
“(H) transitional security activities; and
“(I) any necessary support services, except that
more than 15 percent of any grant under this subsec
may be used for such purpose.
“(3) Appucation.— An application for a implementa
grant shall be submitted by an applicant in such form
in accordance with such procedures as the Secretary shall es
lish. The Secretary shall require that an application con
at a minimum —
“(A) a request for an implementation grant, specif:
the amount of the grant requested and its proposed u
“(B) a description of the applicant and a staten
of its qualifications;
“(G) identification and description of the pre
involved, and a description of the composition of the
ants, including family size and income;
“(D) a certification by the public official respons
for submitting the comprehensive housing affordab
strategy under section 105 of the Cranston-Gonz
National Affordable Housing Act that the propK)sed ac
ties are consistent with the approved housing strateg
the State or unit of general local government within w]
the project is located; and
“(E) a certification that the applicant will comply ^
the requirements of the Fair Housing Act, title VI of
Civil Rights Act of 1964, section 504 of , the Rehabilita
Act of 1973, and the Age Discrimination Act of 1975,
will affirmatively further fair housing.
“(4) Se^ction criteria. — ^The Secretary shall, by reg
tion, establish selection criteria for a national competitior
assistance under this subsection, which shall include —
“(A) the qualities or potential capabilities of
applicant;
“(B) the extent of resident involvement in the devc
ment of a revitalization program for the project;
PUBLIC LAW 102-550— OCT. 28, 1992
106 STAT. 3699
“(C) the extent of involvement of local public and pri¬
vate entities in the development of a revitalization program
for the project and in the provision of supportive services
to project residents;
“(D) the potential of the applicant for developing a
successful ana affordable revitalization program and the
suitability of the project for such a program;
“(E) national geographic diversity among housing for
which applicants are selected to receive assistance;
“(F) the extent of the need for and potential impact
of the revitalization program; and
“(G) such other factors that the Secretary determines
are appropriate for purposes of carrying out the program
established by this subtitle in an effective and efficient
manner.
“(5) Notification. — ^The Secretary shall notify each
pplicant, not later than 6 months after the date of the submis-
on of the application, whether the application is approved
r disapproved.
e) Exceptions to General Program Requirements.—
“(1) Long-term viability.— The Secretaiy may waive or
mse rules established under this title governing rents, income
iigibility, and other areas of public housing management, to
ermit a public housing agency to undertake measures that
ihance the long-term viability of a severely distressed public
ousing project revitalized under this section.
“(2) Selection of tenants. — For projects revitalized under
lis section, a public housing agency may select tenants pursu-
nt to a local system of preferences, in lieu of selecting tenants
ursuant to the preferences specified under section 6(cX4XAXi).
uch local system shall be established in writing and shall
3spond to local housing needs and priorities as determined
^ the public housing agency. The public housing agency shall
Id 1 or more puUic hearings to obtain the views of low-
icome tenants and other interested parties on the housing
eeds and pnorities of the agency’s jurisdiction.
f) Other Program Requirements.—
“(1) Cost limitations. — Subject to the provisions of this
action, the Secretary —
“(A) shall establish cost limitations on elimble activities
under this section sufficient to provide for effective revital¬
ization programs; and
“(B) may establish other cost limitations on eligible
activities under this section.
“(2) Economic development.— Not more than an aggre-
te of $250,000 from amounts made available under sub-
sctions (c) and (d) may be used for economic development
tivities under subsections (c) and (d) for any project, except
lat the Secretary may for good cause waive the applicability
f this paragraph for a project.
ff) Administration. — For the purpose of caning out the
lization of severely distressed public housing in accordance
this section, the Secretary shall establish witmn the Depart-
of Housing and Urban Development an Office of Severely
3ssed Public Housing Revitalization,
h) Definitions. — For the purposes of this section:
“(1) Applicant. — ^The term ‘applicant’ means —
106 STAT. 3700
PUBLIC LAW 102-550-OCT. 28, 1992
**(A) any public housing agency that is not designate
as troubled pursuant to section 6(jX2);
“(B) any public housing agency or private housin
management agent selected, or receiver appointed pursi
ant, to section 6(j)(3);
*‘(G) any public housing agency that is designated £
troubled pursuant to section 6(jX2), if such agency aci
in concert with a private nonprofit organization, £moth(
public housing agency that is not designated as a trouble
agency, resident management corporation or other entil
approved by the Secretary; and
“(D) any public housing agency that is designated t
troubled pursuant to section 6(j)(2) that —
‘Xi) is so designated principally for reasons thi
will not affect the capacity of the agency to can
out a revitalization program;
*‘(ii) is making substantial progress towai
eliminating the deficiencies of the agency; or
“(iii) is otherwise determined by the Secretary 1
be capable of canying out a revitalization prograr
“(2) Private nonprofit corporation.— The term ‘privai
nonprofit organization’ means any private nonprofit organizi
tion (including a State or locally chartered nonprofit organizi
tion) that —
“(A) is incorporated under State or local law;
“(B) has no part of its net earnings inuring to tl
benefit of any member, founder, contributor, or individus
“(C) complies with standards of financial accountabiUi
acceptable to the Secretary; and
“(D) has among its purposes significant activitii
related to the provision of decent housing that is affordab
to very low-income families.
“(3) Public housing agency.— The term ‘public housir
agency* has the meaning given the term in section 3(b), excej
that it does not include any Indian housing authority.
“(4) Resident managei^nt corporation.— The term ‘re£
dent management corporation’ means a resident managemei
corporation established in accordance with the requiremen
of the Secretary under section 20.
“(5) Severely distressed public housing.— The ter
‘severely distressed public housing’ means a public housii
project-—
“(A) that —
“(i) requires major redesign, reconstruction i
redevelopment, or paitial or total demolition, to corre
serious deficiencies in the original design (includii
appropriately high population density), deferrc
maintenance, physical deterioration or obsolescence
major systems £md other deficiencies in the physic
plant of the project;
“(ii) is occupied predominantly by families wil
children who are in a severe state of distres
characterized by such factors as high rates
unemployment, teenage pregnancy, single-parei
households, long-term dependency on public assistani
and minimal educational achievement;
"(iii) is in a location for recurrent vandalism and
criminal activity (including drug-related criminal activ¬
ity); and
"*(iv) cannot remedy the elements of distress speci¬
fied in clauses (i) through (iii) through assistance under
other programs, such as the programs under section
9 or 14, or through other aoministrative means; or
“(B) that—
"(i) is owned by a public housing agency designated
as troubled pursuant to section 6(jX2);
"(ii) has a vacancy rate, as determined by the
Secretary, of 60 percent or more, unless the prmect
or building is vacant because it is awaiting rehabilita¬
tion under a modernization program under section 14
that —
*‘(1) has been approved and funded; and
**(11) as determined by the Secretary, is on
schedule and is expected to result in full occupancy
of the project or Wlding upon completion of the
pro^am; and
"(iii) in the case of individual buildings, the build¬
ing is, in the Secretary's determination, sufficiently
separable from the remainder of the project to make
use of the building feasible for purposes of this subtitle.
‘*(i) Annual Report. — The Secretary shall submit to the Con¬
gress an annual report setting forth —
**(1) the number, type, and cost of public housing units
revitalized pursuant to this section;
**(2) the status of projects identified as severely distressed
public housing pursuant to subsection (b);
**(3) the amount and type of financial assistance provided
under and in copjunction witn this section; and
**(4) the recommendations of the Secretary for statutory
and regulatory improvements to the progfam established by
this section.".
SEC. 121. CHOICE IN PUBUC HOUSING MANAGEMENT.
(a) Purpose. — ^The purpose of this section is to encourage choice 42 use I437w
in management of distressed public housing projects by residents
and increased resident management of pubUc housing projects, as
a means of improving living conditions m public housing projects,
by providing for resident coimcils and resident management cor¬
porations to transfer the management of distressed projects to
alternative managers.
(b) Amendment to 1937 Act.— Title I of the United States
Housing Act of 1937 (42 U.S.C. 1437 et seq.) is amended by adding
after section 24 (as added by section 120 of this Act) the following
new section:
^EC. 25. CHOICE IN PUBUC HOUSING MANAGEMENT.
“(a) Short Title. — ^This section may be cited as the ‘Choice
in Public Housing Management Act of 1992’.
“(b) Funding.—
“(1) Rehabiutation and redevelopment grants.— From
amounts reserved under section 14(kX2) for each of fiscal years
1993 and 1994, the Secretary may reserve not more tiian
$50,000,000 in each such fisc^ year for activities under this
section (which may include funding operating reserves for
Choice in Public
Housing
Management
Act of 1992.
42 use 1437w,
106 STAT. 3702
PUBLIC LAW 102-550— OCT. 28, 1992
eligible housing transferred under this section). The Secreta
may make grants to managers and ownership entities
rehabilitate eligible housing in accordance with this sectio
as appropriate.
“(2) Technical assistance. — ^The Secretary may use i
to 5 percent of the total amount reserved under paragraj
(1) for any fiscal year to provide, by contract, technical assit
ance to residents of public housing and resident councils
help such residents and councils make informed choices abo
options for alternative management under this section.
“(c) Program Authority.—
“(1) Transfer of management.—
“(A) In general. — ^The Secretary may approve r
more than 25 applications submitted for fiscal years 19
and 1994 by resident councils for the transfer of t
management of distressed public housing projects, or o
or more buildings within projects, that are owned or op<
ated by troubled public housing agencies, from public hoi
ing agencies to alternative managers.
“(B) Required votes.— An application for such trai
fer may be submitted and approved only if a major
of the members of the board of the resident council h
voted in favor of the proposed transfer of manageme
responsibilities, and a majority of the residents has a
voted in favor of the transfer in an election supervis
by a disinterested third party.
“(C) Assistance of management specialist.— A
resident council seeking to transfer management of d
tressed public housing under this section shall, in coopei
tion with the public housing agency for such housing, sel
a qualified public housing management specialist to ass
in identifying and acquiring a capable manager for t
housing.
“(2) Rehabilitation and capital improvements.— 1
Secretary may make rehabilitation grants and provide capi
improvement funding under subsection (e) in connection w
the transfer of eligible housing to a manager under this sectii
“(d) Operating Subsidies.—
“(1) Authority to provide.— The Secretaiy may m£
operating subsidies under section 9 available to managers un(
tms section.
“(2) Amount of subsidy. — ^The Secretaiy shall estabi
the amount of the operating subsidies made available to
manager based on the share for the housing under sect:
9 as determined by the Secretary.
“(3) Effect on pha grant. — Operating subsidies for e
public housing agency transferring management under t
section shall be reduced in accordance with the requiremei
of section 9.
“(e) Rehabilitation Grants and Capital Improvement Fui
ING.—
“(1) Rehabilitation grants. — An application under si
section (f) may request approval of amounts set aside van
subsection (b) for the rehabilitation of eligible housing, h
manager and the Secretary shall enter into a contract govern
the use of any such assistance provided.
“(2) Annual capital improvement funding.—
PUBLIC LAW 102-550— OCT. 28, 1992
106 STAT. 3703
“(A) Authority to provide.— The Secretaiy may make
funding for capital improvements available annually from
amounts under section 14 to managers of eligible housing.
In accordance with the contract entered into pursuant to
subsection (h), each manager receiving such funding shall
establish a capital improvements reserve account and
deposit in the account each year an amount not less than
the annual amount of comprehensive grant funds it
receives. Amounts in the reserve accoimt may be used
only for capital improvements and replacements.
“(B) Amount of subsidy.— The Secretary shall estab¬
lish the amount made available to a manager under para-
^aph (1) for capital improvements based on the share
for the housing under the comprehensive grant formula
and, to the extent practicable, the public housing agency^s
comprehensive grant plan, in accordance with section 14,
as determined by the Secretary.
“(C) Limitation in the case of recent rehabilita¬
tion. — ^Where eligible housing has received rehabilitation
funding under para^aph (1) or has otherwise been com¬
prehensively modernized within 3 years before the effective
date of the contract between the Secretary and the manager
for management of the eligible housing, only the accrual
Eortion of the comprehensive grant formula amount shall
e available for payment to the manager.
“(D) Effect on pha grant.— The formula amount of
a comprehensive grant for a public housing agency transfer¬
ring the housing imder this section shall he reduced in
accordance with the requirements of section 14.
“(3) Relationship to section i4.— The provisions of section
14 shall apply with respect to rehabilitation grants under para¬
graph (1) or capital improvement funding under paragraph
(2); except that the Secretary may waive the applicability of
any of the provisions of such section where such provisions
are not appropriate to the assistance under this subsection.
“(f) Application.—
“(1) Form and procedures.—
“(A) In general. — ^To be eligible for approval for trans¬
fer of management from a public housing agency to a
manager and for a grant under subsection (e), a resident
council shall submit an application to the Secretary in
such form and in accordance with such procedures as the
Secretary shall establish.
“(B) PHA comment on application.— a resident coun¬
cil submitting an application shall provide the public hous¬
ing agency that owns or operates the housing involved
a reasonable opportunity to comment on the application,
as the Secretary shall prescribe.
“(C) PHA PROPOSAL. — The public housing agency may
present to the resident council a proposal for the continued
management of the housing by the agency, and the resident
council shall give reasonable consideration to any such
proposal.
“(2) Minimum requirements.— The Secretary shall require
that an application contain —
“(A) a description of the resident council and docu¬
mentation of its authority;
106 STAT. 3704
PUBLIC LAW 102-550— OCT. 28, 1992
Regulations.
“(B) documentation of the votes required under si
section (cXlXB);
“(C) a description of the proposed manager select
by the applicant (in accordance with procedures establisl
or approved by the Secretary) and documentation of
capacity to manage the eligible housing;
“(D) a plan for carrying out the manager’s responsil
ities for managing the efigible housing;
“(E) documentation that the project (or building
buildings) for which management transfer is proposed
eligible housing;
“(F) documentation that each of the requireme
under paragraph (IXB) have been fulfilled;
“((jrXi) if the application includes a request foi
rehabilitation grant under subsection (e) (which shall
included in any application involving eligible housing t
is 50 percent or more vacant), the basis for the estim
of tile amount requested, including —
“(I) the estimate of the eligible housings n
under the public housing agenc5r’s comprehensive p
(imder section 14(e)(1)); and
“(II) an explanation, where appropriate, if
amount higher than the amount planned by the age
is being requested; or
*‘(ii) if the application does not include a request
a rehabilitation ^ant under subsection (e), a demonstral
that needs for capital improvements and replacement
the housing can reasonably be expected to be funded fi
funding for capital improvements under subsection (e);
if the manager proposes to administer a progi
to enable residents to achieve economic independence i
self-sufficiency, a description of the program and evide
of commitment of resources to the program;
*‘(1) an analysis showing that the planned rehabilital
will result in the long-term viability of the housing
a reasonable cost;
“(J) a certification that the manager will comply v
the requirements of the Fair Housing Act, title VI of
Civil Rights Act of 1964, section 504 of the Rehabilital
Act of 1973, and the Age Discrimination Act of 1975,
will affirmatively further fair housing; and
“(K) such other information that the Secretary con
ers appropriate.
“(g) Review and Approval by the Secretary.—
“(1) Applications not requesting rehabiutation ass
ANCE. — ^In the case of applications for the transfer of mam
ment of public housing that do not include a request
rehabilitation assistance under subsection (e), the Secret
may approve an application that meets the requirement!
subsection (fX2) and this section.
“(2) Applications requesting rehabilitation grant
In the case of applications that include a request for rehabil
tion assistance under subsection (e), the Secretary shall se
applicants for approval based on a national competition. '
Secretary shall, by regulation, establish selection criteria
the competition which provide for separate rating of applici
under this paragraph and of applicants under this sect
PUBLIC LAW 102-550— OCT. 28, 1992
106 STAT. 3705
and for selections from a single list of all applicants. The
criteria shall include —
"(A) the quality of the plan for rehabilitating the
eligible housing;
"(B) the es^nt of the capacity or potential capacity
of the proposed manager to manage the housing and to
carry out the rehabilitation program;
"(C) the extent to which a pro^am is proposed to
enable residents to achieve economic independence and
self-sufficiency;
"(D) the extent to which the planned rehabilitation
will result in the long-term viabihty of the housing at
a reasonable cost; and
"(E) such other criteria as the Secretary may require.
"(h) Contract Between Secretary and Manager. —
"(1) Terms. — ^Afler the Secretary approves an application,
the Se^etary shall enter into a contract with the manager
for transfer of management of the elimble housing. In addition
to other contract provisions required under this section, the
contract shall —
"(A) give the manager the right to receive operating
subsidies under subsection (d) and capital improvement
frmdii^ under subsection (e);
"(B) require the manager to carry out all management
responsibilities for the eligible housing, as provided in or
required by the contract;
"(C) require the manager to carry out, for the eligible
housing, all management responsibilities applicable to pub¬
lic housing agencies owning or operating public housing
projects, inclumng (i) maintaining the units m decent, safe,
and sanitary condition in accordance with any standards
for public housing established or adopted by the Secretary,
(ii) determining eligibility of applicants for occupancy of
units subject to the requirements of this Act, (iii) terminat¬
ing tenancy in accordance with the procedures applicable
to the section 8 new construction program, and (iv) deter¬
mining the amount of rent paid for units in accordance
with this Act; and
"(D) permit, but not require, the manager to select
applicemts from the public housing waiting list maintained
by the public housing agency.
"(2) Extension, expiration, and termination.—
"(A) In general. — The Secretapr shall provide for a
resident council that has entered into a contract under
this subsection to —
"(i) approve the renewal of the contract between
the Secretary and the manager; or
"(ii) disapprove renewal and submit an application
to the Secretary, in accordance with subsection (f),
proposing another manager, which may be the public
housing agency.
"(B) Default. — ^If the Secretary determines that a
manager is in default of its responsibilities under the con¬
tract, the Secretary may reqmre the resident council to
submit another application proposing a different manager,
which may be the public housing agency.
“(i) Other Program Requirements.—
106 STAT. 3706
PUBLIC LAW 102-550— OCT. 28, 1992
Regulations.
“(1) Cost limitations. — ^The Secretary may establish cost
limitations on activities under this section. The amount of
rehabilitation fimds under subsection (eXl) that may be
approved may not exceed the per unit cost limit applicable
to the comprehensive grant program under section 14.
“(2) Demoution and disposition not permitted.— a man¬
ager may not demolish or dispose of eligible housing under
tms section.
“(3) Capabiuty of resident management corpora¬
tions. — ^To be eligible to become a manager under this section,
a resident management corporation —
“(A) shall demonstrate to the Secretapr its ability to
manage public housing effectively and efficiently, as deter¬
mined by the Secret^, which shall include evidence of
its most recent financial audit; or
“(B) shall arrange for operation of the housing by a
qualified management entity.
“(4) Limitations on pha liabiuty.— A public housing
agency shall not be liable for any act or failure to act by
the manager or resident council.
“(5) Bonding and insurance.— Before assuming any
management responsibility for eligible housing, a manager shall
obtain fidelity bonding and insurance, or eqmvalent protection,
in accordance with regulations and requirements established
by the Secretary. Such bonding and insurance, or its equivalent,
shall be adequate to protect the Secretary and the public hous¬
ing agency against loss, theft, embezzlement, or fraudulent
acts on the part of the manager or its employees.
“(6) Restriction on displacement before transfer.—
A public housing agency may not involimtarily displace, as
determined by the Secret^, any resident of eligible housing
during the period beginning on the date that an application
under subsection (f) is submitted by a resident council, and
ending upon transfer of management of the housing or, if
the application is disapproved, the date of the disapproval,
“(j) Performance Review and Compliance.—
“(1) Monitoring. — The Secretary shall monitor the
performance of managers imder this section and shall assess
their man^ement performance using the performance indica¬
tors established under section 6(jXl)-
“(2) Records, reports, and audits of managers.—
“(A) Keeping of records.— Each manager and resi¬
dent council under this subtitle shall keep such records
as may be reasonably necessary to disclose the amoimt
and the disposition by the manager of the proceeds of
assistance received under this section and to ensure compli¬
ance vrith the requirements of this section.
“(B) Access to documents.—
“(i) Secretary. — ^e Secretary shall have access
for the purpose of audit and examination to any books,
documents, papers, and records of a manager, resident
council, and public housing agency that are pertinent
to assistance received under, and to the requirements
of, this section.
“(ii) GAO. — ^The Comptroller General of the United
States, and any dulv authorized representatives of the
Comptroller General, shall have access for the purpose
of audit and examination to any books, documents,
papers, and records of a manager and resident council
that are pertinent to assistance received under, and
to the requirements of, this section.
“(C) Reporting requirements. — Each manager shall
submit to the Secretary such reports as the Secretary deter¬
mines appropriate to carry out the Secretar/s responsibil¬
ities under this section, including an annual financial audit.
“(D) Annual report. — ^The Secretary shall submit an
annual report to the Congress evaluating management
transfers under this section compared to other methods
of dealing with severely distressed public housing.
“(k) Nondiscrimination. — ^No person in the United States
tiall, on the grounds of race, color, national origin, religion, or
3x, be excluded from participation in, be denied the benefits of,
r be subjected to discrimination under, any program or activity
inded in whole or in part with funds made available under this
action. Amy prohibition against discrimination on the basis of age
der the Age Discrimination Act of 1975 or with respect to an
bherwise qualified handicapped individual as provided in section
04 of the Rehabilitation Act of 1973 shall also apply to any such
rogram or activity.
“(1) Relationship to Other Programs.—
“(1) Homeownership. — ^After a transfer of management in
accordance with this section, the eligible housing shall remain
eligible for assistance under title III and for sale under section
5(h). Participation in a homeownership program shall be
consistent with a contract between the Secretary and a
manager.
“(2) Self-sufficiency. — ^Where an application under sub¬
section (f) proposes a program to enable residents to achieve
economic independence and self-sufficiency, consistent with the
objectives of the program under section 23, and demonstrates
that the manager has the capacity to carry out a self-sufficiency
program, the Secretary may approve such a program. Where
such a program is approved, the Secretary shall authorize
the manager to adopt policies consistent with section 23(d)
(relating to maximum rents and escrow savings accounts) and
section 23(e) (relating to effect of increases in family income),
“(m) Definitions. — For purposes of this section:
“(1) The term ‘eligible housing’ means a public housing
project, or one or more buildings within a project, that —
“(A) is owned or operated by a troubled public housing
agency; and
“(B) has been identified as severely distressed under
section 24 of this Act.
In the case of an individual building, the building shall, in
the determination of the Secretary, be sufficiently separable
from the remainder of the project to make use of the building
feasible for purposes of this section.
“(2) The term ‘manager’ means one of the following entities
that has entered into a contract with the Secretary for the
management of eligible housing under this section:
“(A) A public or private nonprofit organization (includ¬
ing, as determined by the Secretary, such an organization
sponsored by the public housing agency).
106 STAT. 3708
PUBLIC LAW 102-550— OCT. 28, 1992
“(B) A for-profit entity, if it has (i) demonstrated e;
ence in providing low-income housing, and (ii) is p
pating in joint venture with an organization descric
paragraph (3).
“(C) A State or local government, including an a
or instrumentality thereof.
“(D) A public housing agency (other than the ]
housing agency that owns the project).
The term does not include a resident council.
“(3) The term ‘private nonprofit organization’ mean
private nonprofit organization (including a State or locally
tered nonprofit organization) that —
“(A) is incorporated under State or local law;
“(B) has no part of its net etinmgs inuring t
benefit of any member, founder, contributor, or indiv
“(C) complies with standards of financial accounts
acceptable to the Secretary; and
^(D) has among its purposes significant acti
related to the provision of decent housing that is afFoi
to low-income families.
The term includes resident management corporations.
“(4) The term ‘public housing agencjr has the me
given su(^ term in section 3(b), except that it does not ir
Indian housing authorities.
“(5) The term ‘public nonprofit organization’ mean
public nonprofit entity, except the public housing agency
owns the eligible housing.
“(6) The term ‘resident council’ means any nor
organization or association that —
“(A) is representative of the residents of the e]
housi^;
“(B) adopts written procedures providing for the
tion of officers on a regular basis; and
“(C) has a democratically elected governing 1
elected by the residents of the eligible housing.
“(7) The term ‘resident management corporation’ i
a resident management corporation established in accor
with the requirements of the Secretary under section 20.
“(8) The term ‘troubled public housing agency^ me
public housing agency with 250 or more units that —
“(A) has been designated as a troubled public he
agency for the current Federal fiscal year, and fc
2 preceding Federal fiscal years —
“(i) imder section 6(jX2XAXi); or
“(ii) before the implementation of such autl
under any other procedure for designating tre
public housing agencies that was used by the Seci
and is determined by the Secretary to be appro
for purposes of this section; and
“(B) has not met targets for improved perfon
under section 60X2X0).”.
SEC. 122. ASSISTED HOUSING FOR INDIANS AND ALASKA NA'
(a) Exemption From New Construction Limitation. — S
201(c) of the United States Housing Act of 1937 (42 T
1437aa(c)) is amended by inserting before the period at th
the following: “or section 6(h) of the United States Housin
I ^reiaung mj a iinui.auon on contracia involving new
istruction)”.
(b) Modernization.— Section 202(bX2) of the United States
using Act of 1937 (42 U.S.C. 1437bb(b)(2)) is amended by striking
igle** in the second sentence.
(c) Payments to Municipalities. — Section 203(b) of the United
ites Housing Act of 1937 (42 U.S.C. 1437cc(b)) is amended by
ling at the end the following new sentence: ‘^Notwithstanding
r other provision of this Act, the Secretary shall make annucd
rments from funds appropriated under section 9(c) to municipali-
3 providing such roads, facilities, and systems in a amount equal
“(1) 10 percent of the applicable shelter rent, minus the
utility allowance; or
“(2) $150,
ichever is greater, for each rental housing unit covered by this
>section.”.
:. 123. PUBLIC HOUSING EARLY CHILDHOOD DEVELOPMENT SERV¬
ICES.
Section 222(g) of the Housing and Urban-Rural Recovery Act
1983 (12 U.S.(^. 1701Z-6 note) is amended to read as follows;
“(g) Authorization of Appropriations. — ^To the extent pro-
ed in appropriation Acts, of any amounts appropriated for fiscal
ir 1993 under section 103 of the Housing and Community Devel-
nent Act of 1974, $5,000,000 shall be available to carry out
8 section. To the extent approved in appropriation Acts, of any
ounts appropriated for fiscal year 1994 imder section 5(c) of
I United States Housing Act of 1937 for grants for the develop-
nt of public housing, $5,210,000 shall be available to carry out
8 section. Any such amounts shall remain available until
)ended.’*.
124. INDIAN HOUSING CHILDHOOD DEVELOPMENT SERVICES.
(a) Funding. — Section 518(a) of the Cranston-Gonzalez
tional Affordable Housing Act (12 U.S.C. 1701z-€ note) is
ended by striking the subsection designation and all that follows
ough the end of the first sentence and inserting the following;
“(a) Funding. — To the extent provided in appropriation Acts,
my amounts appropriated under section 5(c) of the United States
sing Act of 1937 for fiscal year 1993 for public housing grants
Indian housing, $5,200,000 may be used to carry out the dem-
stration program under this section. To the extent provided in
propriation Acts, of any amoimts appropriated imder section 5(c)
the United States Housing Act of 1937 for fiscal year 1994
public housing grants for Indian housing, $5,418,400 may be
id to carry out the demonstration program under this section.”.
(b) Eligible Recipients. — ^The second sentence of section 518(a)
the Cranston-Gronzalez National Affordable Housing Act (12
3.C. 1701z-€ note) is amended —
(1) by inserting “, Indian housing authorities, and Indian
tribes” after “nonprofit organizations”; and
(2) by inserting “, housing authorities, and tribes” after
“such organizations”.
106 STAT. 3710
PUBLIC LAW 102-550— OCT. 28, 1992
Florida.
SEC. 126. PUBLIC HOUSING ONE-STOP PERINATAL SERVICES DEN
ONSTRATION.
Section 521(g) of the Cranston-CJonzalez National Affordabl
Hoiising Act (42 U.S.C. 1437t note) is amended to read as follows
“(g) Authorization op Appropriations. — ^There are authorize^
to be appropriated for carrying out the demonstration prograr
rmder this section $200,000 for fiscal year 1993 and $208,400 fo
fiscal year 1994.”.
SEC. 126. PUBLIC HOUSING YOUTH SPORTS PROGRAMS.
(a) Funding From Public and Assisted Housing Drug Elim:
NATION Funds. — Section 5130 of the Anti-Drug Abuse Act of 198
(42 U.S.C. 11909) is amended by adding at the end the followin
new subsection:
“(c) Set-Aside for Youth Sports Programs. — Of any amour
made available in any fiscal year to carry out this cnapter,
percent of such amount shall be available for public housing yout
sports program grants under section 520 of the Cranston-Gonzale
National i^ordable Housing Act for such fiscal year.”.
(b) Eligibility of Institutions of Higher Learning.—
(1) In general. — Section 520(b) of the Cranston-Gonzale
National Affordable Housing Act (42 U.S.C. 11903a(b)) i
amended —
(A) in paragraph (6), by striking “and” at the enc
(B) in paragraph (7), by striking the period at th
end and inserting “; and”; and
(C) by adding at the end the following new paragrapl
“(8) institutions of higher learning that have never partic
pated in a youth sports program assisted under this section.'
(2) Transportation costs as eligible expense.— Sectio
520(d) of the Cranston-Gonzalez National Affordable Housin
Act (42 U.S.C. 11903a(d)) is amended by adding at the en
the following new paragraph;
“(4) In the case only of an eligible entity described i
subsection (b)(8), any transportation costs in connection wit
the program.”.
(c) Demonstration Program. — Of any amounts made availabl
in fiscal year 1993 for canying out section 520 of the Cranstor
Gonzalez National Affordable Housing Act, the Secretary of Housin
and Urban Development shall provide not more than $500,00
for the program known as the “Success Through Academic an
Recreational Support” program, administered by the City of Foi
Myers, Florida, to demonstrate the effectiveness of programs th£
use train^ counselors to nm sports and academic activities fc
at-risk children, including children of low-income families residin
in public housing. The grantee shall comply with all applicabl
propam requirements under subsections (c), (d), (e), and (h) (
such section. The Secretary shall evaluate the advantages of th
program assisted under tWs subsection and determine how th
program may provide a model for other cities conducting, c
interested in conducting, similar activities.
SEC. 127. national COMMISSION ON DISTRESSED PUBLIC HOUSIN(
(a) Termination. — Section 507 of the Department of Housin
and Urb^ Development Reform Act of 1989 (12 U.S.C. 1715z
la note) is amended by striking “upon the expiration of 18 month
PUBLIC LAW 102-550— OCT. 28, 1992
106 STAT. 3711
bllowing the appointment of all the members under section 503(a)”
ind inserting “at the end of September 30, 1992”.
(b) Audit. — ^Not later than December 30, 1992, the Comptroller
leneral of the United States shall conduct an audit of the financial
ransactions of the National Commission on Distressed Public Hous-
ng to determine the use of any amounts received by the Commission
om the Federal Grovemment before October 1, 1992, and shall
ubmit a report to the Congress regarding the results of the audit,
[lie Comptroller General and any duly authorized representatives
if the ComptroUer General shml have access to, and the ri^ht
0 examine and copy, all records and other recorded information
n any form, and to examine any property, within the possession
ind control of the Commission that the Comptroller General consid-
irs relevant to the audit.
lEC. 128. NATIONAL COMMISSION ON AMERICAN INDIAN, ALASKA
NATIVE, AND NATIVE HAWAIIAN HOUSING.
(a) Authorization of Appropriations.— The first sentence of
ection 605 of the Department of Housing and Urban Development
leform Act of 1989 (42 U.S.C. 1437aa note) is amended to read
IS follows: “There is authorized to be appropriated to carry out
s title $500,000 for fiscal year 1993.”.
(b) Extension of Termination Date. — Section 602(g) of the
)epartment of Housing and Urban Development Reform Act of
.989 (12 U.S.C. 1437aa note) is amended 1^ striking “upon the
sxpiration of 18 months after all members of the Commission are
ippointed under paragraph (1)” and inserting “on October 1, 1993”.
lEC. 129. RENTAL ASSISTANCE FRAUD RECOVERIES.
(a) In General. — Section 326(d) of the Housing and Community
)evelopment Amendments of 1981 (42 U.S.C. 1437f note) is
imended to read as follows:
“(d) Rental Assistance Fraud Recoveries.—
“(1) AUTHORTTY to retain RECOVERED AMOUNTS.— The Sec-
retaiy of Housing and Urban Development shall permit public
housing agencies administering the housing assistance pay¬
ments program under section 8 of the Unit^ States Housing
Act of 1937 to retain, out of amounts obtained by the agencies
from tenants that are due as a resxilt of fraud and abuse,
an amount (determined in accordance with regulations issued
by the Secretary) equal to the mreater of—
“(A) 50 percent of the amount actually collected, or
“(B) the actual, reasonable, and necessary expenses
related to the collection, including costs of investigation,
legal fees, and collection agency fees.
“(2) Use. — ^Amounts retained by an agency shall be made
available for use in support of the affected program or prmect,
in accordance with relations issued by the l^cretary. Where
the Secretary is the principal party initiating or sustaining
an action to recover amounts from families or owners, the
provisions of this section shall not apply.
“(3) Recovery. — ^Amounts may be recovered under this
paragraph —
“(A) by an agency through a lawsuit (including settle¬
ment of the lawsuit) brought by the agency or through
court-ordered restitution pursuant to a criminal proceeding
resulting from an agency’s investigation where the agency
Reports.
42 use 1487 aa
note.
106 STAT. 3712
PUBLIC LAW 102-550— OCT. 28, 1992
42 use 1437f
note.
seeks prosecution of a family or where an agency se<
prosecution of an owner; or
“(B) through administrative repayment agreeme:
with a family or owner entered into as a result of
administrative mevance procedure conducted by an imp
tial decisionmal^r in accordance with section 6(k) of
United States Housing Act of 1937.”.
(b) Effective Date. — Subsection (a) shall apply with resp
to actions by public housing agencies initiated on or after i
date of the enactment of this Act.
SEC. 130. PROJECT-BASED ACCOUNTING.
Section 502(cK2) of the Cranston>Gonzalez National Affords
Housing Act (42 U.S.C. 1437d note) is amended by inserting bef
the period the following: “for public housing agencies with I
or more units and not later than January 1, 1994 for public hous
agencies with less than 500 units.
SEC. 131. SALE OF CERTAIN SCATTERED-SITE HOUSING.
The Secretary of Housing and Urban Development shall autl
ize the Delaware State Housing Authority in the State of Delaw
to sell scattered-site public housing of the Authority under
provisions of section 5(h) of the United States Housing Act
1937. Any proceeds from the disposition of such housing si
be used to purchase replacement scattered-site dwellings, wh
shall be considered public housing for the purposes of such .
and for which the Secretary shall provide annual contributi
for operation, using amounts made available imder section !
of su^ Act.
SEC. 132. HOMEOWNERSmP DEMONSTRATION PROGRAM IN OMA
NEBRASKA
(a) Establishment. — ^The Secretary shall caury out a progr
to facilitate self-sufficiency and homeownership of single-fan
homes administered by the Housing Authority of the city of Oma
in the State of Nebraslui (in this section referred to as the “Hous
Authority”), to demonstrate the effectiveness of promot
homeownership and providing support services.
(b) Participating Public Housing Units.— For purposes
the demonstration program, the Secretary shall authorize the Ho
ing Authority to designate single-family housing units for event
homeownership. Over the term of the demonstration, the d<
onstration program may be applied to not more than 20 perc
of the total number of public housing units administered by
Housing Authority. In conducting the demonstration, the Hous
Authority shall affirmatively further fair housing objectives.
(c) Nondisplacement. — ^No person who is a tenant of pul
housing may be involuntarily relocated or displaced as a res
of the demonstration program.
(d) Economic Self-Sufficiency. —
(1) Estabushment of participation criteria— The Ho
ing Authority shall establish criteria for the participation
families in the demonstration program. Such criteria ahnn
based on factors that may reasonably be expected to prec
a famUy’s ability to succeed in the homeownership progr
established by tms section.
(2) Contents of participation criteria— The critc
referred to in paragraph (1) shall include evidence of inter
PUBLIC LAW 102-550— OCT. 28, 1992
106 STAT. 3713
by the family in homeownership, the employment status and
history of employment of family members, and maintenance
by the family of the family’s previous dwelling.
(e) Provision of Supportive Services.— The Housing Author-
y shall ensure the availability of supportive services to each family
irticipating in the demonstration program through its own
isources and through coordination with Federal, State, and local
jencies and private entities. Supportive services available under
le demonstration program may include counseling, remedial edu-
ition, education for completion of high school, job training and
reparation, financial counseling emphasizing planning for
3meownership, and any other appropriate services.
(f) Reports to Congress.—
(1) Biennial report. — Upon the expiration of the 2-year
period beginning on the date of enactment of this Act, and
each 2-year period thereafter, the Secretai^ of Housing and
Urban Development shall submit to the Congress a report
evaluating the effectiveness of the demonstration program
established under this section.
(2) Final report. — Not later than 60 days after termi¬
nation of the demonstration program pursuant to subsection
(h), the Secretary shall submit to the Congress a final report
evaluating the effectiveness of the demonstration program.
(g) Regulations. — ^Not later than the expiration of the 90-
ay period beginning on the date of the enactment of this Act,
le Secretary shall issue interim reflations to carry out this sec-
n, which shall take effect upon issuance. The Secretary shall
sue final regulations to carry out this subtitle after notice and
aportunity for public comment regarding the interim regulations,
iirsuant to the provisions of section 553 of title 5, United States
ode (notwithstanding subsections (a)(2), (b)(B), and (dK3) of such
jction). The duration of the period for public comment shall not
3 less than 60 days, and the final regulations shaU be issued
at later than the expiration of the 60-day period beginning upon
le conclusion of the comment period and shall take effect upon
suance.
(h) Termination. — ^The demonstration program established
nder this section shall terminate 10 years after the date of the
lactment of this Act.
Subtitle C — Section 8 Assistance
EC. 141. EUGIBIUTY OF LOW-INCOME FAMILIES TO RECEIVE
RENTAL ASSISTANCE.
(a) Certificates. — ^The first sentence of section 8(c)(4) of the
Wted States Housing Act of 1937 (42 U.S.C. 1437f(cX4)) is
mended by inserting before the first comma the following: “or
y a family that qumifies to receive assistance under subsection
)) pursuant to section 223 or 226 of the Low-Income Housing
reservation and Resident Homeownership Act of 1990”.
(b) Vouchers. — Section 8(o)(3XA) of the United States Housing
ct of 1937 (42 U.S.C. 1437f(o)(3)(A)) is amended—
(1) by striking “or” at the end of clause (hi); and
(2) by inserting before the period the following: “, or (v)
a family that qualifies to receive a voucher under section 223
06 STAT. 3714
PUBLIC LAW 102-550— OCT. 28, 1992
or 226 of the Low-Income Housing Preservation and Resident
Homeownership Act of 1990”.
SEC. 142. CONTRACT ADJUSTMENTS FOR EXPIRATION OF PROPERTY
TAX EXEMPTION.
Section 8(cX2XB) of the United States Housing Act of 1937
(42 U.S.C. 1437f(cX2XB)) is amended by inserting after the first
sentence the following new sentence: “TTie Secretary shall make
additional adjustments in the maximum monthly rent for units
under contract (subject to the availability of appropriations for
contract amendments) to the extent the Secretary determines such
adjustments are necessary to reflect increases in the actual and
necessary expenses of owning and maintaining the units that have
resulted from the expiration of a real property tax exemption.”.
SEC. 143. TERMINATION OF CONTRACTS.
The last sentence of section 8(cX9) of the United States Housing
Act of 1937 (42 U.S.C. 1437f(cX9)) is amended by inserting before
the period at the end the following: and such term shall include
termination of the contract for business reasons”.
SEC. 144. PREFERENCES FOR VETERANS WITH DISABILITIES THAT
PREVENT USE OF HOME.
(a) Certificates. — Section 8(dXlXAXii) of the United States
Housing Act of 1937 (42 U.S.C. 1437f(dXlXAXii)) is amended —
(1) by striking “(V)” and inserting “(VI)”; and
(2) by inserting a^r “adoption is not available;” the follow¬
ing: “(V) assisting veterans who are eligible and have applied
for assistance, >^1 use the assistance for a dwelling unit
desired for the handicapped, and, upon discharge or eligibility
for discharge from a hospital or nursing home, have physical
disability which, because of the configuration of their homes,
prevents them fium access to or use of their homes;”.
(b) Vouchers. — ^The third sentence of section 8(oX3XB) of the
United States Housing Act of 1937 (42 U.S.C. 1437f(o)(3XB)) is
amended —
(1) by striking “(v)” and inserting “(vi)”; and
(2) by inserting after “adoption is not available;” the follow¬
ing: “(v) assisting veterans who are eligible and have applied
for assistance, will use the assistance for a dweUing unit
designed for the handicapped, and, upon discharge or eligibility
for discharge from a hospital or nursing home, have physical
disability which, because of the configuration of their homes,
prevents them fbom access to or use of their homes;”.
SEC. 145. TERMINATION OF TENANCY FOR CRIMINAL ACTIVITY.
Section 8(dXlXBXiii) of the United States Housing Act of 1937
(42 U.S.C. 1437f(dXlXBXiii)) is amended—
(1) by inserting “, any criminal activity that threatens
the health, safety, or right to peaceful eiijo5rment of their resi¬
dences by persons residing in the immediate vicinity of the
premises,” before “or any drug-related”; and
(2) by striking “public housing tenant” and inserting “ten¬
ant of any unit”.
PUBLIC LAW 102-550— OCT. 28. 1992
106 STAT. 3715
SEC. 146. DEFINITIONS OF “PROJECT-BASED ASSISTANCE” AND “TEN¬
ANT-BASED ASSISTANCE”.
Section 8(f) of the United States Housing Act of 1937 (42
U.S.C. 1437f(f)) is amended —
(1) in paragraph (4), by striking “and’* at the end;
(2) in paragraph (5), by striking the period at the end
and inserting a semicolon; and
(3) by adding at the end the following new paragraphs:
“(6) the term 'project-based assistance’ means rental assist¬
ance under subsection (b) tiiat is attached to the structure
pursuant to subsection (d)(2); and
“(7) the term ‘tenant-based assistance’ means rental assist¬
ance under subsection (b) or (o) that is not project-based
assistance.”.
SEC. 147. PORTABILITY.
Section 8(r)(l) of the United States Housing Act of 1937 (42
U.S.C. 1437f(r)) is amended by inserting before the period at the
end the following: “; except that any family not living within the
jurisdiction of a public housing agency at the time that such family
applies for assistance from such agency shall, during the 12-month
period beginning upon the receipt of any tenant-based rental assist¬
ance made available on behalf of the family, use such assistance
to rent an eligible dwelling unit located within the jurisdiction
served by such public housing agency”.
SEC. 148. FAMILY UNIFICATION ASSISTANCE.
Section 8(xXl) of the United States Housing Act of 1937 (12
U.S.C. 1437f(x)(l)) is amended to read as follows:
“(1) Increase in budget authority.— The budget author¬
ity available under section 5(c) for assistance under section
8(b) is authorized to be increased by $100,000,000 on or after
October 1, 1992, and by $104,200,000 on or after October 1,
1993.”.
SEC. 149. IMPLEMENTATION OF AMENDMENTS TO PROJECT-BASED
CERTIFICATE PROGRAM.
The Secretary of Housing and Urban Development shall issue
any final regulations necessary to carry out the amendments made
by section 547 of the Cranston-Gonzalez National Affordable Hous¬
ing Act not later than the expiration of the 180-day period beginning
on the date of the enactment of this Act. The regulations shall
be issued after notice and opportunity for public comment pursuant
to the provisions of section 553 of title 5, United States Code
(notwithstanding subsections (a)(2), (b)(B), and (d)(3) of such sec¬
tion) and shall take effect upon the expiration of the 30-day period
beginning upon issuance.
SEC. 150. EFFECTIVENESS OF SECTION 8 ASSISTANCE FOR PHA-
OWNED UNITS.
The amendments made by section 548 of the Cranston-Gonzalez
National Affordable Housing Act shall be effective notwithstanding
the absence of any regulations issued by the Secretary of Housing
42 use 1437f.
Regulations.
42 use 1437f
note.
42 use 1487f
note.
106 STAT. 3716
PUBLIC LAW 102-550— OCT. 28, 1992
Regulations.
42 use 1437f
note.
42 use 1437f
note.
eontracts.
eontracts.
SEC. 161. IMPLEMENTATION OF INCOME EUGIBIUTY PROVISIONS
FOR SECTION 8 NEW CONSTRUCTION UNITS.
The Secreta:^ of Housing and Urban Development shall issue
any final regulations necessary to carry out the provisions of section
656 of the Cranston-Gonzalez National Affordable Housing Act (42
U.S.C. 1437f note) not later than the expiration of the 180-day
period beginning on the date of the enactment of this Act. The
regulations shall be issued after notice and opportunity for public
comment pursuant to the provisions of section 553 of title 5, United
States Code (notwithstanding subsections (aX2), (b)(B), and (d)(3)
of such section) and shall take effect upon the expiration of the
30-day period beginning upon issuance.
SEC. 152. MOVING TO OPPORTUNITY FOR FAIR HOUSING.
(a) Authority. — ^Using any amounts available under subsection
(e), the Secretsiry of Housing and Urban Development shall carry
out a demonstration program to provide tenant-based assistance
under section 8 of the United States Housing Act of 1937 to assist
very low-income families with children who reside in public housing
or housing receiving project-based assistance imder section 8 of
the United States Housing Act of 1937 to move out of areas with
high concentrations of persons living in poverty to areas with low
concentrations of such persons. The demonstration program carried
out under this section shall compare and contrast the costs associ¬
ated with implementing such a pro^am (including the costs of
counseling, supportive services, housing assistance payments and
other relevant program elements) with the costs associated with
the routine implementation of the section 8 tenant-based rental
assistance pro^ams. The Secretary shall enter into annual con¬
tributions contracts with public housing agencies to administer
housing assistance payments contracts under the demonstration.
(b) Eligible Cities.—
(1) In general. — ^The Secretary shall carry out the dem¬
onstration only in cities with populations exceeding 350,000
that are located in consolidated metropolitan statistical areas
(as designated by the Director of the Office of Management
and Budget) having populations exceeding 1,500,000.
(2) 1993. — ^Notwithstanding paramaph (1), in fiscal year
1993, only the 5 cities selected for the demonstration under
the item relating to “Housing Programs— annual contribu¬
tions FOR ASSISTED HOUSING (INCLUDING RESCISSION OF FUNDS)”
of title II of the Departments of Veterans Affairs and Housing
and Urban Development, and Independent Agencies Appropria¬
tions Act, 1992 (105 Stat. 746), and the City of Los Angeles,
California, shall be eligible for the demonstration under this
section.
(c) Services.— -The Secretary shall enter into contracts with
nonprofit organizations to provide counseling and services in connec¬
tion with the demonstration.
(d) Reports.—
(1) Biennial. — ^Not later than the expiration of the 2-year
period beginning on the date of the enactment of this Act
(and biennially thereafter), the Secretary shall submit interim
reports to the Congress evaluating the effectiveness of the
demonstration program under this section. The interim reports
shall include a statement of the number of persons served,
the level of counseling and the types of services provided.
PUBLIC LAW 102-550— OCT. 28, 1992
106 STAT. 3717
the cost of providing such counseling and services, updates
on the emplo3niient record of families assisted under the pro¬
gram, and any other information the Secretary considers appro¬
priate in evaluating the demonstration.
(2) Final. — ^Not later than September 30, 2004, the Sec¬
retary shall submit a final report to the Congress describing
the long-term housing, employment, and educational achieve¬
ments of the families assisted \mder the demonstration pro¬
gram. Such report shall also contain an assessment of such
achievements for a comparable population of section 8 recipients
who have not received assistance under the demonstration
program.
(e) Funding. — ^The budget authority available under section
;) of the United States Housing Act of 1937 for tenant-based
sistance under section 8 of such Act is authorized to be increased
$50,000,000, on or after October 1, 1992, and by $52,100,000,
or after October 1, 1993, to carry out the demonstration under
is section. Any amounts made available under this paragraph
11 be used in connection with the demonstration under this
:tion.
(f) Implementation. — ^The Secretary may, by notice published
the Federal Register, establish any requirements necessary to
try out the demonstration under this section and the amendment
ide by this section. The Secretary shall publish such notice not
er than the expiration of the 90-day period beginning on the
te of the enactment of this Act and shall submit a copy of
ch notice to the Congress not less than 15 days before publication.
C. 153. DIRECTIVE TO FURTHER FAIR HOUSING OBJECTIVES
UNDER CERTIFICATE AND VOUCHER PROGRAMS.
Not later than 2 years after the date of the enactment of
LS Act, the Secretary of Housing and Urban Development, in
osultation with individuals representing fair housing organiza-
ns, low-income tenants, public housing agencies, and other
berested parties, shall —
(1) review and comment upon the study prepared by the
Comptroller Gleneral of the United States pursuant to section
558(3) of the Cranston-Gonzalez National Affordable Housing
Act;
(2) evaluate the implementation and effects of existing
demonstration and judicially mandated programs that help
minority families receiving section 8 certificates and vouchers
move out of areas with high concentrations of minority persons
living in poverty to areas with low concentrations, including
how such programs differ from the routine implementation
of the section 8 certificate and voucher programs;
(3) independently assess factors (including the adequacy
of section 8 fair market rentals, the level of counseling provided
by public housing agencies, the existence of racial and ethnic
discrimination by landlords) that may impede the geographic
dispersion of families receiving section 8 certificates and
vouchers;
(4) identify and implement any administrative revisions
that would enhance geographic dispersion and tenant choice
and incorporate the positive elements of various demonstration
and judicially mandated mobility programs; and
Federal
Register,
publication.
42 use 1487f
note.
>6 STAT. 3718
PUBLIC LAW 102-550— OCT. 28, 1992
sports. (5) submit to the Congress a report describing its findings
under paragraphs (1), (2), and (3), the actions taken under
paragraph (4), and any recommendations for additional dem¬
onstration, research, or legislative action.
SEC. 164. HOUSING ASSISTANCE IN JEFFERSON COUNTY, TEXAS.
Section 213(e) of the Housing and Community Development
Act of 1974 (42 U.S.C. 1439(e)) is amended by striking “the Park
Central New Community Project or in adjacent areas that are
recognized by the unit of general local government in which such
Project is located as being included within the Park Central New
Town in Town Project.” and inserting “Jefferson County, Texas.”.
SEC. 165. COMPLIANCE OF CERTAIN ACTIVITIES WITH LIMITATIONS
ON PROJECT-BASED ASSISTANCE.
Rehabilitation activities undertaken by the Committee for Dig¬
nity and Fairness for the Homeless Housing Development, Inc.
in connection with 46 dwelling units that were renovated for perma¬
nent housing for the homeless and that are located in Philadelphia,
Pennsylvania, are hereby deemed to have been conducted j^rsuant
to an agreement with the Secreta:^ of Housing and Urban Develop¬
ment under clause (ii) of the third sentence of section 8(d)(2)(A)
of the United States Housing Act of 1937 (42 U.S.C. 1437f(dX2XA)).
Subtitle D — Other Programs
SEC. 161. PUBLIC AND ASSISTED HOUSING DRUG ELIMINATION.
(a) Authorization of Appropriations.— The first sentence of
section 5130(a) of the Anti-Drug Abuse Act of 1988 (42 U.S.C.
11909(a)) is amended to read as follows: “There are authorized
to be appropriated to carry out this chapter $175,000,000 for fiscal
year 1993 and $182,350,000 for fiscal year 1994.”.
(b) Fiscal Year 1993 Set-Asides.— Section 5130(b) of the Anti-
Drug Abuse Act of 1988 (42 U.S.C. 11909(b)) is amended —
(1) by striking “Set-Aside for Assisted Housing” and
inserting “Set-Asides”; and
(2) by inserting after the period at the end the following
new sentence: “Notwithstanding any other provision of law,
of any amounts appropriated for drug elimination grants under
this chapter for fiscal years 1993 and 1994, not more than
6.25 percent shall be available for grants for federaUy assisted
low-income housing and 5.0 percent shall be available for public
housing youth sports pro^am grants under section 520 of
the Cranston-Gonzalez National Affordable Housing Act.”.
(c) Drug-Related Activity in Other PHA-Owned Housing.—
Section 5124 of the Anti-Drug Abuse Act of 1988 (42 U.S.C. 11903)
is amended —
(1) by inserting “(a) Public AND Assisted Housing.—”
before “Grants”; and
(2) by adding at the end the following new subsection:
“(b) Other PHA-Owned Housing. — ^Notwithstanding any other
provision of this chapter, ^ants under this chapter may be used
to eliminate drug-related crime in housing owned by public housing
agencies that is not public housing assisted under the United States
Housing Act of 1937 and is not otherwise federally assisted, for
the activities described in paragraphs (1) through (7) of subsection
(a), but only if—
PUBLIC LAW 102-550— OCT. 28, 1992
106 STAT. 3719
“(1) the housing is located in a high intensity drug traffick¬
ing area designated pursuant to section 1005 of this Act; and
“(2) the public housing agency owning the housing dem¬
onstrates, to the satisfaction of the Secretary, that drug-related
activity at the housing has a detrimental effect on or about
the real property comprising any public or other federally
assisted low-income housing.”.
(d) Eligibility of Public Housing Resident Management
Corporations. — Chapter 2 of subtitle C of title 5 of the Anti-
Drug Abuse Act of 1988 (42 U.S.C. 11901 et seq.) is amended —
(1) in section 5123, by inserting after “(including Indian
Housing Authorities)” the following: “, public housing resident
management corporations that are principally managing, as
determined by the Secretary, public housing projects owned
by public housing agencies,”;
(2) in paragraph (7) of section 5124(a) (as so designated
by subsection (c) of this section), by inserting after “(7)” the
following: “where a public housing agency receives a grsint,”;
and
(3) in the first sentence of section 5125(a), by inserting
after “public housing agency” the following: “, a public housing
resident management corporation,”.
(e) Pubucation of Regulations. — ^Not later than 30 days
after the date of the enactment of this Act, the Secretary shall
publish such final regulations as may be necessary to implement
section 5130(b) of the Public and Assisted Housing Drug Elimination
Act of 1990 (42 U.S.C. 11909(a)).
SEC. 162. HOUSING COUNSELING.
(a) Counseling Services. — ^The first sentence of section
106(a)(3) of ffie Housing and Urban Development Act of 1968 (12
U.S.C. 1701x(a)(3)) is amended by striking “except that” and all
that follows through the period and inserting “except that for such
purposes there are authorized to be appropriated $6,025,000 for
fiscal year 1993 and $6,278,050 for fiscal year 1994. Of the amounts
appropriated for each of fiscal years 1993 and 1994, up to $5()0,0()0
shall be available for use for counseling and other activities in
connection with the demonstration program under section 152 of
the Housing and Community Development Act of 1992.”.
(b) Emergency Homeownership Counseling.—
(1) Authorization of appropriations.— The first sentence
of section 106(c)(8) of the Housing and Urban Development
Act of 1968 {12 U.S.C. 1701x(c)(8)) is amended to read as
follows: ‘There are authorized to be appropriated to carry out
this section $7,000,000 for fiscal year 1993 and $7,294,000
for fiscal year 1994, of which amounts $1,000,000 shall be
available in each such fiscal year to carry out paragraph
(5XD).”.
(2) Extension of program. — Section 106(c)(9) of the Hous¬
ing and Urban Development Act of 1968 (12 U.S.C. 1701x(c)(9))
is amended by striking “September 30, 1992” and inserting
“September 30, 1994”.
(3) Availability. — Section 106(cX3)(A) of the Housing and
Urban Development Act of 1968 (12 U.S.C. 1701x(cX3)(A)) is
amended —
(A) in clause (i), by striking “and” at the end; and
(B) by adding at the end the following new clause:
42 use 11902.
42 use 11903.
42 use 11904.
42 use 11909
note.
STAT. 3720
PUBLIC LAW 102-550— OCT. 28, 1992
“(iii) have a high incidence of mortgages involving
principal obligations (including such initial service
charges, appraisal, inspection, and other fees as the
Secretary shall approve) in excess of 97 percent of
the appraised value of the properties that are insured
pursuant to section 203 of the National Housing Act;
and”.
(4) Eligibility. — Section 106(c)(4) of the Housing and
Urban Development Act of 1968 (12 U.S.C. 1701x(cX4)) is
amended by adding at the end the following new flush sentence:
“An applicant for a mortgage shall be eligible for homeowner-
ship counseling under this subsection if the applicant is a
first-time homebuyer who meets the requiremente of section
303(b)(1) of the Cranston-Gonzalez National Affordable Housing
Act and the mortgage involves a principal obligation (including
such initial service charges, appraisal, inspection, and other
fees as the Secretary shall approve) in excess of 97 percent
of the appraised value of the property and is to be insured
pursuant to section 203 of the National Housing Act.”.
(5) Notification of availability.— Section 106(c)(5)(A) of
the Housing and Urban Development Act of 1968 (12 U.S.C.
1701x(cX5)(A)) is amended by striking subparagraph (A) and
inserting the following new subparagraph:
“(A) Notification of availability of homeownership
COUNSELING.—
“(i) Requirement. — ^Except as provided in
subparagraph (C), the creditor of a loan (or proposed
creditor) shall provide notice under clause (ii) to (I)
any eligible homeowner who fails to pay any amount
by the date the amount is due imder a home loan,
and (II) any apphcant for a mortgage described in
paragraph (4).
“(ii) Content. — ^Notification under this subpara¬
graph shall —
“(I) notify the homeowner or mortgage
applicant of the availability of smy homeownership
coimseling offered by the creditor (or proposed
creditor);
“(II) if provided to an eligible mortgage
applicant, state that completion of a coimseling
program is required for insurance pursuant to sec¬
tion 203 of the National Housing Act; and
“(III) notify the homeowner or mortgage
applicant of the availability of homeownership
counseling provided by nonprofit organizations
approved by the Secretary and experienced in the
provision of homeownership counseling, or provide
the toll-free telephone number described in
subparagraph (D)(i).”.
(6) Annual update of list of counseling organizations
FOR toll-free number.— The matter preceding subclause (I)
in section 106(c)(5)(D)(i) of the Housing and Urban Development
Act of 1968 (12 U.S.C. 1701x(c)(5XD)(i)) is amended by inserting
“, which shall be updated annually,” after “organizations”.
(c) Prepurchase and Foreclosure-Prevention Counseling
Demonstration. — Section 106(dX12) of the Housing and Urban
106 STAT. 3721
PUBLIC LAW 102-550— OCT. 28, 1992
Development Act of 1968 (12 U.S.C. 1701x(dX12)) is amended to
read as follows:
“(12) Authorization of appropriations.— There are
authorized to be appropriated to carry out this subsection
$365,000 for fiscal year 1993 and $380,330 for fiscal year 1994.”.
(d) Eligibility for Counseling Assistance Under Housing
AND Urban Development Act of 1968 and Certification and
Training Program. — Section 106 of the Housing suid Urban Devel¬
opment Act of 1968 (12 U.S.C. 1701x) is amended by adding at
the end the following new subsections:
“(e) Certification.—
“(1) Requirement for assistance.— An organization may
not receive assistance for counseling activities under subsection
(a)(l)(iii), (aX2), (c), or (d), unless the organization provides
such counseling, to the extent practicable, by individuals who
have been certified by the Secretary under this subsection
as competent to provide such counseling.
“(2) Standards and examination. — ^The Secretary shall,
by regulation, establish standards and procedures for testing
and certifying counselors. Such standards and procedures shall
require for certification that the individual shall demonstrate,
by written examination (as provided under subsection (f)(4)),
competence to provide counseling in each of the following areas:
“(A) Financial management.
“(B) Property maintenance.
“(C) Responsibilities of homeownership and tenancy.
“(D) Fair housing laws and requirements.
“(E) Housing affordability.
“(F) Avoidance of, and responses to, rental and mort¬
gage delinquency and avoidance of eviction and mortgage
default.
“(3) Encouragement. — ^The Secretary shall encourage
organizations engaged in providing homeownership and rental
counseling that do not receive assistance under this section
to employ individuals to provide such counseling who are cer¬
tified under this subsection or meet the certification standards
established under this subsection.
“(f) Homeownership and Rental Counselor Training and
Certification Programs.—
“(1) Establishment. — ^To the extent amounts are provided
in appropriations Acts under paragraph (7), the Secretary shall
contract with an appropriate entity (which may be a nonprofit
organization) to carry out a program under this subsection
to train individuals to provide homeownership and rental coim-
seling and to administer the examination under subsection
(e) (2) and certify individuals under such subsection.
“(2) Eligibility and selection.—
“(A) Eligibility. — ^To be eligible to provide the training
and certification program under this subsection, an entity
shall have demonstrated experience in training homeowner¬
ship and rental counselors.
“(B) Selection. — The Secretary shall provide for enti¬
ties meetin^f the requirements of subparagraph (A) to
submit applications to provide the training and certification
program under this subsection. The Secretary shall select
an application based on the ability of the entity to —
Regulations.
106 STAT. 3722
PUBLIC LAW 102-550— OCT. 28, 1992
42 use ITOlx
note.
**(i) establish the program as soon as j^ssible c
a national basis, but not later than the date imd
para^aph (6);
^ii) minimize the costs involved in establishii
the program; and
“(iu) effectively and efficiently carry out the pr
gr^.
“(3) TRAINING. — ^The Secretary shall req^e that trainii
of counselors under the program under this subsection 1
designed and coordinated to prepare individuals for successf
completion of the examination for certification under subsectic
(e)(2). The Secretary, in consultation with the entity selecb
under paragraph (2)(B), shall establish the curriculum ai
standards for training coimselors imder the program.
“(4) Certification. — ^The entity selected under paragrai
(2XB) shall administer the examination under subsection (e)(
and, on behalf of the Secretaiy, certify individuals successful
completing the examination. The Secretary, in consultation wii
such entity, shall establish the content and format of tl
examination.
“(5) Fees. — Subiect to the approval of the Secretary, tl
entity selected under paragrapn (2XB) may establish ai
impose reasonable fees for participation in the training provide
under the program and for examination and certification und
subsection (eX2), in an amount sufficient to cover any cos
of such activities not covered with amounts provided und
paragraph (7).
^(6) Timing. — ^The entity selected under paragraph (2)(!
to carry out the training and certification program shall esta
lish the program as soon as possible after such selection, ai
shall make traimng and certification available under the pi
gram on a national basis not later than the expiration
the 1-year period beginning upon such selection.
“(7) Authorization of appropriations.— There a
authorized to be appropriated to carry out this subsecti*
$2,000,000 for fiscal year 1993 and $2,084,000 for 1994.”.
(e) Regulations. — ^ine Secretary of Housing sind Urban Dew
opment shall issue any regiUations necessary to carry out tl
amendments made by subsection (d), not later than the expiratii
of the 6-month period beginning on the date of the enactme
of this Act.
SEC. 163. USE OF FUNDS RECAPTURED FROM REFINANCING STA'
AND LOCAL FINANCE PROJECTS.
In General. — Section 1012 of the Stewart B. McKinney Hon
less Assistance Amendments Act of 1988 (42 U.S.C. 1437f nol
is amended to read as follows:
‘*SEC. 1012. USE OF FUNDS RECAPTURED FROM REFINANCING STA'
AND LOCAL FINANCE PROJECTS.
“(a) Definition of Qualified Project.— For purposes of tl
section, the term 'qualified project’ means any State financed proje
or local government or local housing agency financed project, that
^(1) was —
"(A) provided a financial a^ustment factor under s<
tion 8 of the United States Housing Act of 1937; or
“(B) constructed or substantially rehabilitated pure
ant to assistance provided under a contract under sect!
106 STAT. 3723
PUBLIC LAW 102-550— OCT. 28, 1992
8(bX2) of the United States Housing Act of 1937 (as in
effect on September 30, 1983) entered into during any
of calendar years 1979 through 1984; and
**(2) is being refinanced.
“(b) Availability of Funds.— The Secretary shall make avail¬
able to the State housing finance Sigancy in the State in which
a qualified project is located, or the local ^vemment or local
housing agency initiating the refinancing of tne qualified project,
as applicable, an amount equal to 50 ^rcent of the amounts recap¬
tured from the project (as determined oy the Secretary on a project-
by-project basis). Notwithstanding aiw other provision of law, such
amoimts shall be used only for providing decent, safe, and sanitary
housing affordable for very low-income families and persons.
“(c) Appucability and Budget Compliance.—
“(1) Retroactivity. — ^This section shall apply to
refinancings of projects for which settlement occurred or occurs
before, on, or alter the date of the enactment of the Housing
and Community Development Act of 1992, subject to the provi¬
sions of paragraph (2).
“(2) Budget compliance.— This section shall apply only
to the extent or in such amoimts as are provided in appropria¬
tion Acts.”.
SEC. 164. HOPE FOR YOUTH.
Title IV of the Cranston-Gonzalez National Affordable Housing
Act (42 U.S.C. 1437aaa note et seq.) is amended by adding at
the end the following new subtitle:
“Subtitle D— HOPE for Youth: Youthbuild
■^EC. Ul. STATEMENT OP PUBPOSE.
“It is the purpose of this subtitle —
“(1) to ex^Eind the supply of permanent affordable housing
for homeless individuals and members of low- and very low-
income families by utilizing the energies and talents of economi¬
cally disadvEinta^ed young adults;
“(2) to provide economically disadvantaged young adults
with opportunities for meaningful work ana service to tiheir
communities in helping to meet the housing needs of homeless
individuals and members of low- and very low-income families;
“(3) to enable economically disadvantaged young adults
to obtain the education and employment skills necessary to
achieve economic self-sufficieniy; and
“(4) to foster the development of leadership skills and
commitment to community development among young adults
in low-income communities.
‘nSEC. 452. PROGRAM AUTHORITY.
“The Secretary may make —
“(1) planning grants to enable applicants to develop
Youthbuild programs; and
“(2) implementation grants to enable applicants to carry
out Youthbuild programs.
‘n9EC. 453. PLANNING GRANTS.
“(a) Grants. — ^The Secretary is authorized to make planning
grants to applicants for the purpose of developing Youthbuild pro-
Disadvantaged.
42 use 12899.
42 use 12899a.
42 use 12899b.
)6 STAT. 3724
PUBLIC LAW 102-550— OCT. 28, 1992
grains under this subtitle. The amount of a planning grant under
this section may not exceed $150,000, except that the Secretary
may for good cause approve a grant in a higher amount.
“(b) Eugible Activities. — ^Planning grants may be used for
activities to develop Youthbuild pro^ams including—
“(1) studies of the feasibility of a Youthbuild program;
“(2) establishment of consortia between youth training and
education programs and housing owners or developers, includ¬
ing any organizations specified in section 467(2), which will
participate in the Youthbuild program;
“(3) identification and selection of a site for the Youthbuild
program;
“(4) preliminary architectural and engineering work for
the Youthbuild pro^am;
“(6) identification and training of stsdf for the Youthbuild
program;
“(6) planning for education, job training, and other services
that will be provided as part of the Youthbuild program;
“(7) other planning, training, or technical assistance nec¬
essary in advance of commencing the Youthbuild program; and
“(8) preparation of an application for an implementation
grant under this subtitle.
“(c) Application.—
“(1) Form and procedures. — An application for a planning
grant shall be submitted by sin applicsint in such form and
in accordance with such procedures as the Secretary shall
establish.
“(2) Minimum requirements.— The Secretary shall require
that an application contain at a minimum —
“(A) a request for a planning grant, specifying the
activities proposed to be carried out, the schedule for
completing the activities, the personnel necessary to com¬
plete the activities, and the amount of the grant requested;
“(B) a description of the applicant and a statement
of its qualifications, including a description of the
applicants past experience with housing rehabilitation or
construction and with youth and youth education and
employment training programs, and its relationship with
IoceJ imions and apprenticeship programs, sind other
community groups;
“(C) identification and description of potential sites
for the program and the construction or rehabilitation
activities that would be undertaken at such sites; potential
methods for identifying and recruiting youth pariicipants;
potential educational and job training activities, work
opportunities and other services for participants; and poten¬
tial coordination with other Federal, State, and local hous¬
ing and youth education and employment training activities
including activities conducted by Indian tribes;
“(D) a ^rtification by the public officii responsible
for submitting the comprehensive housing affordability
strategy under section 105 of the Cranston-Conzalez
National Affordable Housing Act that the proposed activi¬
ties are consistent with the approved housing strategy of
the State or unit of general local government within which
the project is located; and
j: jLjn. vv ±\j£j—ao\j — ^o,
iVU OXrt.X. o\^o
“(E) a certification that the applicant will comply with
the requirements of the Fair Housing Act, title of the
Civil Rights Act of 1964, section 504 of the Rehabilitation
Act of 1973, and the Age Discrimination Act of 1975, and
will affinnatively further fair housing.
“(d) Selection Criteria. — ^The Secretaiy shall, by regidation,
stablish selection criteria for a national competition for assistance
nder this section, which shall include —
“(1) the qualifications or potential capabilities of the
applicant;
“(2) the potential of the applicant for developing a succes8>
ful and affordable Youthbuild program;
“(3) the need for the prospective program, as determined
by the degree of economic distress —
“(A) of the community fi:t)m which participants would
be recruited (such as poverty, youth unemplo3^ent, and
number of individuals who have dropped out of high school);
and
“(B) of the community in which the housing proposed
to be constructed or rehabilitated would be located (such
as incidence of homelessness, shortage of affordable hous¬
ing, and poverty); and
“(4) such other factors that the Secretary shall require
that (in the determination of the l^ecretary) are appropriate
for purposes of carrying out the program establishea by this
subtitle in an effective and efficient manner.
SEC. 4S4. IMPLEMENTATION GRANTS.
“(a) Grants. — The Secretary is authorized to make implementa-
ion grants to applicants for the purpose of carrying out Youthbuild
irograms approved under this subtitle.
“(b) Eligible Activities. — Implementation grants may be used
0 carry out Youthbuild programs, including the following activities;
“(1) Architectural and engineering work.
“(2) Acquisition, rehabilitation, acquisition and rehabilita¬
tion, or construction of housing and related facilities to be
used for the purposes of providing homeownership under sub¬
title B and subtitle C of this title, residential housing for
homeless individuals, and low- and very low-income families,
or transitional housing for persons who are homeless, have
disabilities, are ill, are deinstitutionalized, or have other special
needs.
“(3) Administrative costs of the applicant, which may not
exceed 15 percent of the amount of assistance provided under
this section, or such higher percentage as the l&cretary deter¬
mines is necessary to support capacity development by a private
nonprofit organization.
“(4) Education and job training services and activities
including —
“(A) work experience suid skills training, coordinated,
to the maximum extent feasible, with preapprenticeship
and apprenticeship programs, in the construction and
rehabilitation activities described in subsection (bX2);
“(B) services and activities desippied to meet the edu¬
cational needs of participsuits, including —
“(i) basic skills instruction and remedial education;
Regulations.
42 use 12899c.
3TAT. 3726
PUBLIC LAW 102-550— OCT. 28, 1992
“(ii) bilingual education for individuals with lim-
ited-English proficiency;
“(iii) secondary education services and activities
designed to lead to the attainment of a high school
diploma or its equivalent; and
“(iv) counseling and assistance in attaining post¬
secondary education and required financial aid;
“(C) counseling services and related activities;
“(D) activities desired to develop employment and
leaderslup sldlls, includmg support for youth councils; smd
“(E) support services suid need-based stipends nec¬
essary to enme individuals to participate in the program
and, for a period not to exceed 12 months after completion
of training, to assist participants through support services
in retaining employment.
“(5) Wage stipends and benefits provided to participants.
“(6) Fimding of operating expenses and replacement
reserves of the property covered by the Youthbuild program.
“(7) Legal fees.
“(8) Defraying costs for the ongoing training and technical
assistance needs of the recipient that are related to developing
and carrying out the Youthbuild program.
“(c) Application.—
“(1) Form and procedure. — ^An application for an
implementation grant shall be submitted by an applicant in
such form and in accordance with such procedures as the Sec¬
retary shall establish.
*\2) Minimum requirements.— The Secretary shall require
grant, specifying
the amount of the grant requested and its proposed uses;
“(B) a description of the applicant and a statement
of its qualifications, including a description of the
applicants past experience with housing rehabilitation or
construction and with youth and youth education and
employment training programs, and its relationship with
locm unions and apprenticeship programs, and other
community groups;
“(C) a descnption of the proposed site for the program;
“(D) a description of the educational and job training
activities, work opportunities, and other services that will
be provided to participants;
“(E) a description of the proposed construction or
rehabilitation activities to be undertedcen and the antici¬
pated schedule for carrying out such activities;
“(F) a description of the manner in which eligible
youths will be recruited and selected, including a descrip¬
tion of arrangements which will be made with community-
based organizations, State and local educational agencies,
including agencies of Indian tribes, public assistance agen¬
cies, the courts of jurisdiction for status and youth offend¬
ers, shelters for homeless individuals and other agencies
that serve homeless youth, foster care agencies, and other
appropriate public and private agencies;
“(G) a description of the special outreach efforts that
will be undertaken to recruit eligible young women (includ¬
ing young women with dependent children);
that an smplication contain at a mimmum —
“(A) a request for an implementation
PUBLIC LAW 102-550— OCT. 28, 1992
106 STAT. 372
“(H) a description of how the proposed program will
be coordinated with other Federal, State, ana local activi¬
ties and activities conducted by Indian tribes, including
vocational, adult sind bilingual education programs, job
training provided with funds available under the Job Train¬
ing Partnership Act and the Family Support Act of 1988,
and housing and community development programs, includ¬
ing programs that receive assistance under section 106
of the Housing and Community Development Act of 1974;
“(I) assurances that there will be a sufficient number
of adequately trained supervisory personnel in the proCTam
who have attained the level of journeyman or its equivment;
“(J) a description of the applicant’s relationship with
local building trade unions regarding their involvement
in training, and the relationship of the Youthbuild program
with established apprenticeship pro^ams;
“(K) a description of activities that will be undertaken
to develop the leadership skills of participants;
“(L) a detailed budget and a description of the system
of fiscal controls and auditing and accountability proce¬
dures that will be used to ensure fiscal soundness;
“(M) a description of the commitments for any addi¬
tional resources to be made available to the proCTam from
the applicant, from recipients of other Federal, State or
local housing and community development assistance who
will sponsor any part of the construction, rehabilitation,
operation and maintenance, or other housing and commu¬
nity development activities undertaken as part of the pro¬
gram, or from other Federal, State or local activities and
activities conducted by Indian tribes, including, but not
limited to, vocational, adult and bilingual education pro¬
grams, and job training provided with funds available
under the Job Training Partnership Act and the Family
Support Act of 1988;
“(N) identification and description of the financing pro¬
posed for any —
“(i) rehabilitation;
“(ii) acquisition of the property; or
“(iii) construction;
“(O) identification and description of the entity that
will operate and manage the property;
“(P) a certification by the public official responsible
for submitting the comprehensive housing affordability
strategy under section 105 of the Cranston-Gonzalez
National Affordable Housing Act that the proposed activi¬
ties are consistent with the approved housing strate^ of
the State or unit of general local government within which
the project is located; and
“(Q) a certification that the applicant will comply with
the requirements of the Fair Housing Act, title Vl of the
Civil Rights Act of 1964, section 504 of the Rehabilitation
Act of 1973, and the Age Discrimination Act of 1976, and
will affirmatively further fair housing.
“(d) Selection Criteria.— The Secretary shall establish selec¬
tion criteria for assistance under this section, which shall include —
“(1) the qualifications or potential capabilities of the
annlicant:
i6 STAT. 3728
PUBLIC LAW 102-550— OCT. 28, 1992
“(2) the feasibility of the Youthbuild program;
“(3) the potential for developing a successful Youthbuild
program;
“(4) the need for the prospective project, as determined
by the degree of economic distress of the community from
which participants would be recruited (such as poverty, youth
unemployment, number of individuals who have dropped out
of high school) and of the community in which the housing
proposed to be constructed or rehabilitated would be located
(such as incidence of homelessness, shortage of affordable hous¬
ing, poverty);
“(5) the apparent commitment of the applicant to leadership
development, education, and training of participants;
“(6) the inclusion of previously homeless tenants in the
housing provided;
“(7) the commitment of other resources to the program
by the applicant and by recipients of other Federal, State
or local housing and community development assistance who
will sponsor any part of the construction, rehabilitation, oper¬
ation smd maintenance, or other housing and community devel¬
opment activities undertaken as jjart of the program, or by
other Federal, State or local activities and activities conducted
by Indian tribes, including, but not limited to, vocational, adult
and bilingual education programs, and job training provided
with funds available under the Job Training Partnership Act
and the Family Support Act of 1988; and
“(8) such other factors as the Secretary determines to be
appropriate for purposes of carr3ring out the program estab¬
lished by this subtitle in an effective and efficient manner.
“(e) Priority for Applicants Who Obtain Housing Money
From Other Sources. — ^The Secretary shall give priority in the
award of grants under this section to applicants to the extent
that they propose to finance activities described in paragraphs
(1), (2), and (6) of subsection (b) from funds provided from Federal,
State, local, or private sources other than assistance under this
subtitle.
“(f) Approval. — ^The Secretary shall notify each applicant, not
later than 4 months after the date of the submission of the applica¬
tion, whether the application is approved or not approved.
“(g) Combined Planning and Implementation Grant
Application Procedure. — ^The Secretary shall develop a procedure
under which an applicant may apply at the same time and in
a single application for a planning grant and an implementation
grant, with receipt of the implementation grant conditioned on
successful completion of the activities funded by the planning grant.
42 use 12899d. “SEC. 466. YOUTHBUILD PROGRAM REQUIREMENTS.
“(a) Residential Rental Housing.— Each residential rental
housing project receiving assistance under this subtitle shall meet
the following requirements:
“(1) Occupancy by low- and very low-income families. —
In the project —
“(A) at least 90 percent of the units shall be occupied,
or available for occupancy, by individuals and families with
incomes less than 60 percent of the area median income,
adjusted for family size; and
tor occupancy, by low-mcome tamilies.
“(2) Tenant protections.—
“(A) Lease. — ^The lease between a tenant and an owner
of residential rental housing assisted under this subtitle
shall be for not less than 1 year, unless otherwise mutually
agreed to by the tenant and the owner, and shall contain
such terms and conditions as the Secretary shall determine
to be ^propriate.
“(B) Termination of tenancy.— An owner shall not
terminate the tenancy or refuse to renew the lease of
a tenant of residential rental housing assisted under this
title except for serious or repeated violation of the terms
and conditions of the lease, for violation of applicable Fed¬
eral, State, or local law, or for other good cause. Any
termination or refusal to renew must be preceded by not
less than 30 days by the owner’s service upon the tenant
of a written notice specifying the grounds for the action.
“(C) Maintenance and replacement.— The owner of
residential rental housing assisted under this subtitle shall
maintain the premises in compliance with all applicable
housing quality standards and local code requirements.
“(D) Tenant selection. — The owner of residential
rental housing assisted under this subtitle shall adopt writ¬
ten tenant selection policies and criteria that —
“(i) are consistent with the purpose of providing
housing for very low-income and low-income families
and inmviduals;
“(ii) are reasonably related to program eligibility
and the applicant’s ability to perform the obligations
of the lease;
“(iii) give reasonable consideration to the housing
needs of families that would qualify for a preference
under section 6(cX4XA) of the United States Housing
Act of 1937; and
“(iv) provide for (I) the selection of tenants from
a written waiting list in the chronological order of
their application, to the extent practicable, and (II)
for the prompt notification in writing of any rejected
applicant of the grounds for any rejection.
“(3) Limitation on rental payments.— ^Tenants in each
project shall not be required to pay rent in excess of the
amount provided under section 3(a) or the United States Hous¬
ing Act of 1937.
“(4) Tenant participation plan. — For each project owned
by a nonprofit organization, the organization shall provide a
plan for and follow a program of tenant participation in
management decisions.
“(5) Prohibition against discrimination.— A unit in a
firoject assisted under this subtitle may not be refused for
easing to a family holding tenant-based assistance under sec¬
tion 8 of the United States Housing Act of 1937 because
of the status of the prospective tenant as a holder of such
assistance.
“(b) Transitional Housing. — ^Each transitional housing project
eceiving assistance under this subtitle shall adhere to the require-
aents regarding service delivery, housing standards, and rent
36 STAT. 3730
42 use 12899e.
PUBLIC LAW 102-550— OCT. 28, 1992
limitations applicable to comparable housing receiving assistance
imder title IV of the Stewart B. McKinney Homeless Assistance
Act.
“(c) Limitations on Profits for Rental and Transitional
Housing. —
“(1) Monthly rental limitation.— The agwegate monthly
rental for each eligible project may not exceed the operating
costs of the project (including debt service, management, ade¬
quate reserves, and other operating costs) plus a 6 percent
return on any equity investment of the project owner.
“(2) Profit limitations on partners.— A nonprofit
organization that receives assistance under this subtitle for
a project shall aCTee to use any profit received from the oper¬
ation, sale, or omer disposition of the project for the puipose
of providing housing for low- and moderate-income families.
Profit-motivated partners in a nonprofit partnership may
receive —
“(A) not more than a 6 percent return on their equity
investment from project operations; and
“(B) upon disposition of the project, not more than
an amoimt equal to their initial equity investment plus
a return on that investment equal to the increase in the
Consumer Price Index for the geoj^aphic location of the
project since the time of the initial investment of such
partner in the project.
“(d) Homeownership. — Each homeownership project that
receives assistance under this subtitle shall comply with the require¬
ments of subtitle B or subtitle C of this title.
“(e) Restrictions on Conveyance.— The ownership interest
in a project that receives assistance under this subtitle may not
be conveyed unless the instrument of conveyance requires a subse-
(ment owner to comply with the same restrictions imposed upon
the original owner.
“(f) Conversion of Transitional Housing.— The Secretary
may waive the requirements of subsection (b) to permit the conver¬
sion of a transitional housing project to a permanent housing project
only if such housing would meet the requirements for residential
rental housing specked in this section.
“(g) Period of Restrictions. — ^A project that receives assist¬
ance under this subtitle shall comply with the requirements of
this section for the remaining useful life of the property.
*^£0. 456. additional PROGRAM REQUIREMENTS.
“(a) Eligible Participants.—
“(1) In general. — ^Except as provided in paragraph (2),
an individual may participate in a Youthbuild program receiv¬
ing assistance under this subtitle only if such inmvidual is —
“(A) 16 to 24 years of age, inclusive;
“(B) a very low-income individual or a member of a
very low-income family; and
“(C) an individual who has dropped out of high school.
“(2) Exception for individuals not meeting income or
EDUCATiONi^ need ^quirements.— Not more than 25 percent
of the participants in such program may be individuals who
do not meet the requirements of either paragraphs (IXB) or
(C), but who have educational needs despite attainment of
a high school diploma or its equivalent.
PUBLIC LAW 102-550— OCT. 28, 1992
106 STAT. 3731
“(3) Participation limitation.— Any eligible individual
selected for full-time participation in a You^bmld program
may be offered full-time participation for a period of not less
than 6 months and not more than 24 months.
“(b) Minimum Time Devoted to Educational Services and
Activities. — ^A Youthbuild program receiving assistance under this
subtitle shall be structured so tihat 50 percent of the time spent
by participants in the program is devoted to educational services
and activities, such as those specified in subparagraphs (B) through
'F) of section 454(bX4).
“(c) Authority ItesTRiCTioN. — ^No provision of this subtitle may
be construed to authorize any agency, officer, or employee of the
United States to exercise any dire^on, supervision, or control
aver the curriculum, program of instruction, administration, or
personnel of any educational institution, school, or school system,
ar over the selection of library resources, textbooks, or other printed
ar published instructional materials by any educational institution
ar school system.
“(d) State and Local Standards.— All educational programs
end activities supported vrith funds provided under this subtitle
shall be consistent with applicable State and local educational
standards. Standards and procedures with respect to the awarding
af academic credit and certifying educational attainment in such
programs shall be consistent with applicable State and local edu¬
cational standards.
“(e) Wages, Labor Standards, Nondiscrimination.— To
the extent consistent with the provisions of this subtitle, sections
142, 143 and 167 of the Job Training Partnership Act, relating
to wages and benefits, labor standards, and nondiscrimination, shall
apply to the programs conducted under this subtitle as if such
programs were conducted under the Job Training Partnership Act.
This section may not be construed to prevent a recipient of a
grant under this subtitle from using funds from non-Federal soiirces
to increase wages and benefits under such programs, if appropriate.
"SEC. 467. definitions.
“For purposes of this subtitle:
“U) Adjusted income. — ^The term ‘adjusted income’ has
the meaning given the term in section 3(b) of the United
States Housing Act of 1937.
“(2) Applicant.— The term ‘applicant’ means a public or
private nonprofit agency, including —
“(A) a community-based organization;
“(B) an administrative entity designated under section
103(bXlXB) of the Job Training Partnership Act;
“(C) a community action agency;
“(D) a State and local housing development agency;
“(E) a community development corporation;
“(F) a State and local youth service and conservation
corps; and
“(G) any other entity eligible to provide education and
employment training under other Federal employment
training programs.
“(3) Community-based organization. — ^The term ‘commu¬
nity-based organization* means a private nonprofit organization
that —
42 use 12899f.
106 STAT. 3732
PUBLIC LAW 102-550— OCT. 28, 1992
“(A) maintains, through significant representation on
the organization’s governing board or otherwise, account¬
ability to low-income community residents and, to the
extent practicable, low-income Mneficiaries of programs
receiving assistance under this subtitle; and
“(B) has a history of serving the local community or
communities where a program receiving assistance under
this subtitle is located.
“(4) Homeless individual. — The term liomeless individual’
has the meaning given the term in section 103 of the Stewart
B. McKinney Homeless Assistance Act.
“(5) Housing development agency.— The term ‘housing
development agency means any agency of a State or local
government, or any private nonprofit organization that is
engaged in providmg housing for homeless or low-income
families.
“(6) Income. — ^The term ‘income’ h£is the meaning given
the term in section 3(b) of the United States Housing Act
of 1937.
“(7) Indian tribe. — ^The term ‘Indian tribe’ has the same
meaning given such term in section 102(aX17) of the Housing
and Community Development Act of 1974 (42 U.S.C.
5302(aX17)).
“(8) Individual who has dropped out of high school.—
The term ‘individual who has dropped out of high school’ means
an individual who is neither attending any s^ool nor subject
to a compulsory attendance law and who has not received
a secondary school diploma or a certificate of equivalency for
such diploma.
“(9) Institution op higher education.— The term ‘institu¬
tion of higher education’ has the meaning given the term in
section 1201(a) of the Higher Education Act oi 1965.
“(10) Limited-english proficiency.— The term ‘limited-
English proficiency has the meaning given the term in section
7003 of the Bilingual Education Act.
“(11) Low-rNCOME family. — The term ‘low-income family
has the meaning given the term in section 3(b) of the United
States Housing Act of 1937.
“(12) (Ipfender. — ^The term ‘offender* means any adult or
juvenile with a record of arrest or conviction for a criminal
offense.
*^(13) Qualified nonprofit agency.— The term ‘qualified
public or private nonprofit agency means any nonprofit agency
that has significant prior experience in the operation of projecte
similar to the Youthbuild program authorized under this sub¬
title and that has the capacity to provide effective technical
assistance.
“(14) Related facilities.- The term ‘related facilities’
includes cafeterias or dining halls, community rooms or build¬
ings, appropriate recreation facilities, and other essential serv¬
ice facilities.
“(15) Secretary. — ^The term ‘Secretary means the Sec¬
retary of Housing and Urban Development.
“(16) State.— The term ‘State’ means any of the several
Stetes, the District of Columbia, the Commonwealth of Puerto
Rico, the Commonwealth of the Northern Mariana Islands,
the Virgin Islands, Guam, American Samoa, the Trust Terri-
106 STAT. 3733
PUBLIC LAW 102-550— OCT. 28, 1992
tones of the Pacific Islands, or any other territory or possession
of the United States.
“(17) Transitional housing.— The term ‘transitional hous¬
ing* means a project that has as its purpose facilitating the
movement of homeless individuals and families to indenendent
living within a reasonable amoimt of time. Transitional housing
includes housing primarily desimed to serve deinstitutionalized
homeless individuals and other nomeless individuals with men¬
tal or physical disabilities and homeless families with children.
“(18) Very low-income family.— The term ‘very low-
income family* has the meaning given the term in section
3(b) of the Umted States Housing Act of 1937.
“(19) Youthbuild program.— The term ‘Youthbuild pro¬
gram* means any program that receives assistance under this
subtitle and provides disadvantaged youth with opportunities
for employment, education, leadership development, and train¬
ing in the construction or rehabilitation of housing for homeless
individuals and members of low- and very low-income families.
;EC. 458. management and technical assistance.
“(a) Secretary Assistance. — The Secretary may enter into
)ntracts with a qualified public or private nonprofit agency to
rovide assistance to the Secretary in the management, supervision,
rid coordination of Youthbuild programs receiving assistance imder
lis subtitle.
“(b) Sponsor Assistance. — ^The Secretary shall enter into con-
acts with a qualified public or private nonprofit agency to provide
ppropriate training, information, and technical assistance to spon-
)rs of programs assisted under this subtitle.
“(c) Application Preparation.— Technical assistance may also
B provided in the development of progp*am proposals and the
reparation of applications for assistance under this subtitle to
ii^ble entities which intend or desire to submit such applications,
ommimity-based organizations shall be given first priority in the
revision of such assistance.
“(d) Reservation of Funds. — ^In each fiscal year, the Secretary
tiall reserve 5 percent of the amoimts available for activities imder
lis subtitle pursuant to section 402 to carry out subsections (b)
nd (c) of this section.
lEC. 469. CONTRACTS.
“Each Youthbuild program shall carry out the services and
ctivities under this suWtle directly or through arrangements or
der contracts with administrative entities designated under sec-
on 103(bXlXB) of the Job Training Partnership Act, with State
nd local educational agencies, institutions of higher education,
tate and local housing development agencies, or with other public
gencies, including agencies of Indian tribes, and private
rganizations.
SEC. 460. REGULATIONS.
‘The Secretary shall issue any regulations necessary to carry
ut this subtitle.**.
EC. 165. EXTENSION FOR COMMENCEMENT OF CERTAIN CONSTRUC¬
TION.
Notwithstanding section 17(dX4XG) of the United States Hous-
1 Act of 1937, the Secretary of Housing and Urban Development
42 use 12899g.
Contracts.
42 use 12899h.
42 use 12899i.
106 STAT. 3734
42 use 12870.
PUBLIC LAW 102-550— OCT. 28, 1992
shall extend the deadline for commencement of construction va
September 30, 1993, for the application for assistance under si
section 17 for HDG proj^ number IL004HG702, and u]
commencement of constraction shall execute the grant agreem
for such project as currently approved or amended.
Subtitle E — ^Homeownership Programs
SEC. 181. HOPE PROGRAMS.
(a) Authorization op Appropriations and Technk
Assistance.—
(1) In general. — ^Title IV of the Cranston-Gonz£
National Affordable Housing Act (42 U.S.C. 12871 et si
is amended by inserting after section 401 the following i
section:
‘‘SEC. 402. AUTHORIZATION OF APPROPRIATIONS.
“(a) Fiscal Year 1993.— There are authorized to be apj
priated for grants imder this title $855,000,000 for fiscal y
1993 of whic£“"
“(1) $285,000,000 shall be available for activities authori
under title III of the United States Housing Act of 1937,
which up to $4,500,000 of any amounts appropriated may
made available for technical assistance to potential applicai
applicants and recipients of assistance under this title;
“(2) $285,000,()00 shall be available for activities authori
under subtitle 6, of which up to $3,250,000 of any amou
appropriated may be made available for technical assista
to potential applicants, applicants and recipients of assista
under this subtitle; and
“(3) $285,000,000 shall be available for activities un
subtitle C, of which up to $2,250,000 of any amounts api
priated may be made available for technical assistance to pot
tial applicants, applicants and recipients of assistance im
this subtitle.
Of the amoimts appropriated pursuant to this subsection, up
$40,000,000, but not less than 5 percent, shall be available
activities authorized imder subtitle D. Any amoimt appropria
pursuant to this subsection shall remain available until expend
“(b) Fiscal Year 1994. — ^There are authorized to be apj
priated for grants under this title $883,641,000 for fiscal y
1994, of which —
“(1) $294,547,000 shall be available for activities authori
under title III of the United States Housing Act of 1937,
to $4,500,000 of which may be made available for techn
assistance to potential applicants, applicants and recipie
of assistance under this title;
“(2) $294,547,000 shall be available for activities authori
under subtitle B, up to $3,250,000 of which may be m.
available for techmeal assistance to potential applicai
applicants and recipients of assistance imder this subtitle; i
“(3) $294,547,000 shall be available for activities un
subtitle (3, up to $2,250,000 of which may be made avails
for technical assistance to potential applicants, applicants i
recipients of assistance under this subtitle.
:l,b»U,000, but not less than 5 percent, shall be available for
ivities authorized under subtitle D. Any amount appropriated
LTSuant to this subsection shall remain available until expended.
“(c) Techotcal Assistance.— Technical assistance made avail-
le under title III of the United States Housing Act of 1937
subtitle B or subtitle C of this title may include, but shall
t be limited to, training, clearinghouse services, the collection,
ocessing and dissemination of program information useful for
:al and national program management, and provision of seed
iney. Such technical assistance may be made available directly,
indirectly imder contracts and grants, as appropriate. In any
cal year, no single applicant, potential applicant, or recipient
ider title III of the Umted States Housing Ait of 1937, or subtitle
or subtitle C of this title may receive technical assistance in
amount excee<hng 20 percent of the total amount made available
' technical assistance imder such title or subtitle for the fiscal
ar. .
(2) Conforming amendments. —
(A) Hope i. — Section 301 of the United States Housing
Act of 1937 (42 U.S.C. 1437aaa(c)) is amended by striking
subsection (c).
(B) Hope n and hope hi.— Title IV of the Cranston-
Gronzalez National Affordable Housing Act (42 U.S.C. 12871
et seq.) is amended —
(i) by striking subsection (c) of section 421; and
(ii) in section 441 —
(I) by striking “(a) In General. — **; and
(II) by striking subsection (b).
(3) GAO AUDIT OF technical assistance contracts.—
The Comptroller General of the United States shall conduct
an audit of all of the technical assistance contracts awarded
for fiscal years 1993 and 1994 pursuant to section 402 of
the Cranston-Gonzalez National Affordable Housing Act. The
Comptroller General shall submit a report to the Congress
describing the results of such audit not later than September
30, 1994.
(b) HOPE I Matching Funding.— Section 303(c) of the United
tes Housing Act of 1937 (42 U.S.C. 1437aaa-2(c)(l)) is
lended —
(1) in pairagraph (1), by inserting after “expenses” the fol¬
lowing: “and replacement housing”; and
(2) by inserting at the end the following new pmagraph:
“(3) Reduction of requirement.— The Secretary shall
reduce the matching requirement for homeownership programs
carried out under this section in accordance with the formula
established under section 220(d) of the Cranston-Gonzalez
National Affordable Housing Act.”.
(c) Grant Selection Criteria for HOPE I.— Section 303(eX8)
the United States Housing Act of 1937 (42 U.S.C. 1437aaa-
b)(8)) is amended —
(1) by striking “of the tj^ assisted under this title”; and
(2) by striking “appreciabr}^”.
(d) Eligibility of Mutual Housing Associations for HOPE
Grants. — Section 426(1) of the Cranston-Cjronzalez National
fordable Housing Act (42 U.S.C. 12876(1)) is amended by adding
the end the following new subparagraph:
42 use 12871.
42 use 12891.
42 use 12870
note.
Reports.
59-194 0-93 - 4 : QL 3 (Pt. 5)
106 STAT. 3736
42 use
1437aaa-2.
PUBLIC LAW 102-550— OCT. 28, 1992
‘'(G) A mutual housing association.”.
(e) Eligible Property Under HOPE II.— Section 426(3XD)
of the Cranston-Gonzalez National Affordable Housing Act (42
U.S.C. 12876(3XD)) is amended by inserting before the period at
the end the following “or an agency or instrumentality thereof.
(f) Preference for Acquisition of Vacant Units Under
HOPE in.— Section 444 of the Cranston-Gonzalez National Afford¬
able Housing Act (42 U.S.C. 12894) is amended by adding at the
end the following new subsection:
“(f) Preference for Acquisition of Vacant Units.— Each
homeownership program under this subtitle shall provide that,
in making vacant units in eligible pro^rties available for acquisi¬
tion by ehgible families, preference shall be given to eligible families
who reside in public or Indian housing.”.
(g) Transfer of Scattered Site Pubuc and Indian Housing
To HOPE Programs.—
(1) Hope i.—
(A) In general. — Sections 303(bX2) and 304(d) of the
Unit^ States Housing Act of 1937 (42 U.S.C. i437aaa-
2(bX2) and 42 U.S.C. 1437aaa-3(d)) are each amended
by striking “(not induding scattered site single family hous¬
ing of a pimlic housing agency)”.
(B) Operating subsidies.— Section 303(bX9) of the
Cranston-Gonzalez National Affordable Housing Act (42
U.S.C. 1437aaa-2(bX9)) is amended Iw inserting before
the period at the end the following: “, and except that
implementation grants may not be used under this para¬
graph to fund operating expenses for scattered site public
housing acquirea under a homeownership program”.
(2) Hope iii. — Section 446(4) of the Cranston-Gonzalez
National Affordable Housing Act (42 U.S.C. 12896(4)) is
amended by striking “(inclumng scattered site single family
properties, and” and inserting “(excluding public or Indian
housing mider the United States Housing Act of 1937 and
including”.
(h) EuGiBiLmr of Other Federal Property for HOPE Pro¬
grams. — Sections 426(3X0) and 44^4) of the Cranston-Gonzsdez
National Affordable Housing Act (42 U.S.C. 12876(3X0) and 42
U.S.C. 12896(4)) are each amended by inserting after “Corporation,”
the following: “the Federal Oeposit Insurance Corporation, the Sec-
retaiy of Il^fense, the Secretary of Transportation, the (General
Services Administration, any other Federal agency,”.
sec. 182. national HOMEOWNERSHIP TRUST DEMONSTRATION.
(a) E^nsion of Trust.— Section 310 of the Cranston-Gon¬
zalez National Affordable Housing Act (42 U.S.C. 12859) is amended
by striking “on September 30, 1993” and inserting “September
30, 1994”.
(b) Authorization of Appropriations. — Section 308 of the
Cranston-Gonzalez National Affordable Housing Act (42 U.S.C.
12857) is amended to read as follows:
‘HEC. 308. AUTHORIZATION OF APPROPRIATIONS.
“There are authorized to be appropriated for assistance pay¬
ments under this subtitle $520,665,600 for fiscal year 1993 and
$542,533,555 for fiscal year 1994, of which such sums as may
be necesss^ shall be available in each such fiscal year for use
under section 303(e). Any amount appropriated under this section
106 STAT. 3737
PUBLIC LAW 102-550— OCT. 28, 1992
all be deposited in the Fund and shall remain available until
pended, subject to the provisions of section 311.”.
(c) Use of Trust Amounts in Connection With Mortgage
:vENUE Bonds. —
(1) In general. — Section 303 of the Cranston-Gonzalez
National Affordable Housing Act (42 U.S.C. 12852) is amended
by adding at the end the following new subsection:
“(e) Assistance in Connection with Housing Financed With
DRTGAGE REVENUE BONDS.—
“(1) Authority. — ^The Trust shall provide assistance for
first-time homebuyers in the form of interest rate buydowns
and downpayment assistance under this subsection. Such
assistance shall be available only with respect to mortgages
for the purchase of residences (A) financed with the proceeds
of a qualified mortgage bond (as such term is defined in section
143 of the Internal Revenue Code of 1986), or (B) for which
a credit is allowable under section 25 of such Code.
“(2) Eligibility. — ^To be eligible for assistance under this
subsection, homebuyers and mortgages shall also meet the
requirements under subsection (b) of ttiis section, except that —
“(A) the certification under subsection (bX3) shall not
be reared for assistance under this subsection;
“OB) the provisions of subsection (bX2) shall not apply
to assistance under this section; and
“(C) the aggregate income of the homebuyer and the
members of the family of the homebuyer residing with
the homebuyer, for the 12-month period preceding the date
of the application of the homebuyer for assistance under
this subsection, shall not exceed 80 percent of the median
income for a family of 4 persons (as adjusted for family
size) in the applicable metropolitan statistical au'ea.
“(3) Limitation of assistance.— Notwithstanding sub¬
section (a), assistance payments for first-time hom^uyers
imder this subsection shall be provided in the following
manners:
“(A) Interest rate buydowns.— Assistance payments
to decrease the rate of interest payable on the mortgages
by the homebuyers, in an amoimt not exceeding —
“(i) in the first year of the mortgage, 2.0 percent
of the total principal obligation of the mortgage;
“(ii) in the second year of the mortgage, 1.5 percent
of the total principal obligation of the mortgage;
“(iii) in the third year of the mortgage, 1.0 percent
of the total principal obligation of the mortgage; and
“(iv) in the fourth year of the mortgage, 0.5 percent
of the total principal obligation of the mortgage.
“(B) Downpayment assistance. — ^Assistance payments
to provide amounts for downpa3rments on mortgages by
the homebuyers, in an amount not exceeding 2.5 percent
of the principal obligation of the mortgage.
“(3) Availability. — ^The Trust may make assistance pay¬
ments imder subparagraphs (A) and (B) of paragraph (3) with
respect to a single mortgage of a homebuyer. .
(2) Conforming amendment.— Section 303(a) of the Cran-
ston-(5onzalez National Affordable Housing Act (42 U.S.C.
12852(a)) is amended by adding at the end the following new
paragraph:
106 STAT. 3738
PUBLIC LAW 102-550— OCT. 28, 1992
12 use 1715/
note.
“(3) Assistance in connection with mortgage revenue
BONDS FTNANCING. — ^Interest rate buydowns and downpayment
assistance in the manner provided in subsection (e).”.
(d) Eugibility of Manufactured Home Owners.— Section
303(bXl) of the Cranston-Gonzalez National Affordable Housing
Act (42 U.S.C. 12852(bXl)) is amended—
(1) in subparagraph (B), by striking “or” at the end;
(2) in subparagraph (C), by striking the period at the
end and inserting or”; and
(3) by adding at the end the following new subparagraph:
“(D) meets the requirements of subpara^aph (A), (B),
or (C), except for owning, as a principal residence, a dwell¬
ing unit whose structure is —
“(i) not permanently affixed to a permanent
foundation in accordance with local or other applicable
regulations; or
“(ii) not in compliance with State, local, or model
building codes, or other applicable codes, and cannot
be brought into compliance with such codes for less
ffian the cost of constructing a permanent structure.”.
(e) Second Mortgage Assistance.— Section 303(a) of the
Cranston-Gonzalez National Affordable Housing Act (42 U.S.C.
12852(a)) is amended by adding after paragraph (3) (as added
by subsection (cX3) of this section) the following new paragraphs:
“(4) Second mortgage assistance.— Assistance payments
to provide loans (secured by second mortgages) with deferred
payment of interest and principal; and
“(5) Capitalization of revolving loan funds.— Grants
to public organizations or agencies to establish revolving loan
funds to provide homeownership assistance to eligible first¬
time homebuyers consistent with the requirements of this sub¬
title. Such grants shall be matched by an equal amoimt of
local investment in such revolving loan funds. Any proceeds
or repayments from loans made under this paragraph shall
be returned to the revolving loan fund established under this
paragraph to be used for purposes related to this section.”.
SEC. 183. NEHEMIAH HOUSING OPPORTUNITY GRANTS.
(a) Homeowner Incentive.— Section 604 of the Housing and
Community Development Act of 1987 (12 U.S.C. 17151 note) is
amended —
(1) in subsection (bX4), by inserting before the period the
following: “, subject to the provisions of subsection (c)”; and
(2) by adding at the end the following new subsection:
“(c) Homeowner Incentive. — ^The nonprofit organization may
provide that, upon the sale or transfer oi a property purchased
writh a loan made under this section, any proceeds remaining after
repaying the first mortgage shall be distributed in the following
order:
“(1) Downpayment. — The amount of the downpayment
made by the seller or transferor upon the purchase of the
property shall be paid to the seller or transferor.
“(2) Loan and profit. — ^Any amounts remaining after dis¬
tribution under paragraph (1) shall be shared equally between
the Secretary and the seller or transferor, but omy to the
extent that the Secretary recovers an amoimt equal to the
amount of the loan made under this section. If such remaining
106 STAT. 3739
PUBLIC LAW 102-550— OCT. 28, 1992
amounts are insufficient for the Secretary to recover the full
amount of the loan made under this section, the second mort¬
gage held by the Secretary under subsection (bXD shall be
cancelled.
“(3) Profit.— Any amounts remaining after distribution
under paragraphs (1) and (2) shall be paid to the seller or
transferor.”.
(b) Conforming Amendments.— Section 606(eX6) of the Hous-
g and Community Development Act of 1987 (12 U.S.C. 17161
te) is amended —
(1) by inserting “subject to the provisions of section 604(c),”
after the comma; and
(2) by striking “(in which case” and all that follows through
“repaid)”.
(c) Applicability. — ^The amendments made by this section shall
ply to any loan made under section 604 of the Housing and
immunity Development Act of 1987 after July 1, 1990.
!C. 184. LOAN GUARANTEES FOR INDIAN HOUSING.
(a) Authority. — ^To provide access to sources of private financ-
g to Indian families and Indian housing authorities who otherwise
uld not acquire housing financing because of the unique legal
itus of Indian trust land, the Secretary may guarantee not to
ceed 100 percent of the unpaid principal and interest due on
ly loan eligible under subsection (b) made to an Indian family
Indian housing authority.
(b) Eligible Loans. — Loans g^uaranteed pursuant to this sec-
in shah, meet the following requirements:
(1) Eligible borrowers.— The loans shall be made only
to borrowers who are Indian families or Indian housing
authorities.
(2) Eligible housing. — ^The loan shall be used to construct,
acquire, or rehabilitate 1- to 4-family dwellings that are stand¬
ard housing and are located on trust land or land located
in an Indian or Alaska Native area.
(3) Security. — ^The loan may be secured by any collateral
authorized under existing Federal law or applicable State or
tribal law.
(4) Lenders. — ^The loan shall be made only by a lender
approved by and meeting qualifications established by the Sec¬
retary, except tiiat loans otherwise insured or guaranteed by
an agency of the Federal (^vemment or made by an organiza¬
tion of Indians from amounts borrowed from the United States
shall not be eligible for guarantee under this section. The
following lenders are deemed to be approved under this
paragraph:
(A) Any mortgagee approved by the Secretary of Hous¬
ing and Urban Development for participation in the single
family mortgage insurance program imder title II of the
National Housing Act.
(B) Any lender whose housing loans under chapter
37 of title 38, United States Code are automatically guaran¬
teed pursuant to section 1802(d) of such title.
(C) Any lender approved by the Secretary of A^-
culture to make guaranteed loans for single famtiy housing
under the Housing Act of 1949.
12 use 1715/
note.
12 use 1715/
note.
12 use
1715z-13a.
STAT. 3740
PUBLIC LAW 102-550— OCT. 28, 1992
(D) Any other lender that is supervised, approved,
regulated, or insured by any agen<^ of the Federal
Government.
(6) Terms. — ^The loan shall —
(A) be made for a term not exceeding 30 years;
(B) bear interest (exclusive of the guarantee fee under
section 404 and service charges, if any) at a rate agreed
upon by the borrower and the lender and determined by
the Secretary to be reasonable, whidi may not exceed the
rate generally charged in the area (as determined by the
Secretary) for home mortgage loans not guaranteed or
insured by any agency or instrumentality of the Federal
Government;
(C) involve a principal obligation not exceeding —
(i) an amount equal to the sum of (I) 97 percent
of $25,000 of the appraised value of the property, as
of the date the loan is accepted for guarantee, and
(II) 95 percent of such value in excess of $25,000;
and
(ii) the amount approved by the Secretary under
this section; and
(D) involve a payment on account of the property (i)
in cash or its equivalent, or (ii) through the value of any
improvements to the property made through the skilled
or imskilled labor of the oorrower, as the Secretary shall
provide.
(c) Certificate of Guarantee.—
(1) Approval process. — ^Before the Secretary approves any
loan for guarantee imder this section, the lender shall submit
the application for the loan to the Secretary for examination.
If the Secretary approves the loan for guarantee, the Secretary
shall issue a certificate under this paragraph as evidence of
the guarantee.
(2) Standard for approval. — ^The Secretary may approve
a loan for guarantee under this section and issue a certificate
under this paragraph only if the Secretarv determines there
is a reasonable prospect of repayment of the loan.
(3) Effect. — ^A certificate of ^arantee issued under this
paragraph by the Secretary shall be conclusive evidence of
the eligibility of the loan for guarantee under the provisions
of this section and the amount of such guarantee. Such evidence
shall be incontestable in the hands of the bearer and the
full faith and credit of the United States is pledged to the
payment of all amounts agreed to be paid by the Secretary
as security for such obligations.
(4) Fraud and misrepresentation.— This subsection may
not be construed to preclude the Secretary from establishing
defenses against the original lender based on fraud or material
misrepresentation or to bar the Secretary from establishing
by relations in effect on the date of issuance or disbursement,
whichever is earlier, partial defenses to the amount payable
on the guarantee.
(d) Guarantee Fee. — The Secretary shall fix and collect a
guarantee fee for the guarantee of loans imder this section, which
may not exceed the amount equal to 1 percent of the principal
obligation of the loan. The fee shall be paid by the lender at
time of issuance of the guarantee and shall be adequate, in the
PUBLIC LAW 102-550— OCT. 28, 1992 106 STAT. 3741
etermination of the Secretary, to cover expenses and probable
>sses. The Secretary shall deposit any fees collected under this
Libsection in the Indian Housing Loan Guarantee Fund established
nder subsection (i).
(e) Liability Under Guarantee.— The liability under a
uarantee provided under this section shall decrease or increase
n a pro rata basis according to any decrease or increase in the
ount of the unpaid obligation under the provisions of the loan
greement.
(f) Transfer and Assumption. — Notwithstanding any other
ovision of law, any loan guaranteed under this section, including
le security given for the loan, may be sold or assigned by the
mder to any financial institution subject to examination and super-
ision by an agency of the Federal Government or of any State
r the District of Columbia.
(g) Disqualification of Lenders and Civil Money
enalties.—
(1) In general. — ^If the Secretaiy determines that any
lender or holder of a guarantee certificate under subsection
(c) has failed to maintain adequate accoimting records, to ade¬
quately service loans guaranteed under this section, to exercise
proper credit or underwriting judgment, or has engaged in
practices otherwise detrimental to the interest of a borrower
or the United States, the Secretary may —
(A) refuse, either temporarily or permanently, to
guarantee any further loans made by such lender or holder;
(B) bar such lender or holder from acquiring additional
loans guaranteed under this section; and
(C) require that such lender or holder assume not
less than 10 percent of any loss on further loans made
or held by the lender or holder that are guaranteed under
this section.
(2) Civil money penalties for intentional violations. —
If the Secretary determines that any lender or holder of a
^arantee certificate under subsection (c) has intentionally
failed to maintain adequate accounting records, to adequately
service loans guaranteed under this section, or to exercise
proper credit or underwriting judgment, the Secretary may
impose a civil money penalty on such lender or holder in
the manner and amount provided under section 536 of the
National Housing Act with respect to mortgagees and lenders
under such Act.
(3) Payment on loans made in good faith. — ^Notwith¬
standing paragraphs (1) and (2), the Secretary may not refuse
to pay pursuant to a valid guarantee on loans of a lender
or nolder barred under this subsection if the loans were pre¬
viously made in good faith.
(h) Payment Under Guarantee.—
(1) Lender options.—
(A) In general. — ^In the event of default by the bor¬
rower on a loan guaranteed under this section, the holder
of the guarantee certificate shall provide written notice
of the default to the Secretary. Upon providing such notice,
the holder of the ^arantee ce:rtificate shall be entitled
to payment under the guarantee (subject to the provisions
of this section) and may proceed to obtain payment in
one of the following manners;
106 STAT. 3742
PUBLIC LAW 102-550— OCT. 28, 1992
(i) Foreclosure. — The holder of the certificate
may initiate foreclosure proceedings in a court of com¬
petent jurisdiction (after providing written notice of
such action to the Secretary) and upon a final order
by the court authorizing foreclosure and submission
to the Secretary of a claim for payment under the
guarantee, the Secretary shall pay to the holder of
the certificate the pro rata portion of the amount
guaranteed (as determined pursuant to subsection (e))
plus reasonable fees and expenses as approved by the
Secretary. The Secretary shall be subrogated to the
rights of the holder of the guarantee and the lender
holder shall assign the obligation and security to the
Secretary.
(ii) No FORECLOSURE. — ^Without seeking a judicial
foreclosure (or in siny case in which a foreclosure
proceeding initiated under clause (i) continues for a
period in excess of 1 year), the holder of the guarantee
may submit to the Secretary a claim for payment under
the guarantee and the Secretary shall only pay to
such holder for a loss on any single loan an amount
equal to 90 percent of the pro rata portion of the
amount guaranteed (as determined under subsection
(e)). The Secretary shall be subrogated to the rights
of the holder of the guarantee and the holder shall
assign the obligation and security to the Secretary.
(B) Requirements. — ^Before any payment under a
guarantee is made under subparagraph (A), the holder
of the guarantee shall exhaust all reasonable possibilities
of collection. Upon payment, in whole or in part, to the
holder, the note or judgment evidencing the debt shall
be assigned to the United States and the holder shall
have no further claim against the borrower or the United
States. The Secretary shall then take such action to collect
as the Secretary determines appropriate.
(2) Assignment by secretary.— Notwithstanding para¬
graph (1), upon receiving notice of default on a loan guaranteed
under this section from the holder of the guarantee, the Sec¬
retary may accept assignment of the loan if the Secretary
determines that the assignment is in the best interests of
the United States. Upon assignment the Secretary shall pay
to the holder of the guarantee the pro rata portion of the
amount guaranteed (as determined under subsection (e)). The
Secretary shall be subrogated to the rights of the holder of
the guarantee and the holder shall assign the obligation and
security to the Secretary.
(3) Limitations on liquidation.— In the event of a default
by the borrower on a loan guaranteed under this section involv¬
ing a security interest in tribal allotted or trust land, the
Secretary shall only pursue liquidation after offering to transfer
the account to an eligible tribal member, the tribe, or the
Indian housing authority serving the tribe or tribes. If the
Secretary subsequently proceeds to liquidate the account, the
Secretary shall not sell, transfer, or otherwise dispose of or
^enate the property except to one of the entities described
in the preceding sentence.
(i) Indian Housing Loan Guarantee Fund. —
PUBLIC LAW 102-550— OCT. 28, 1992
106 STAT. 3743
(1) Establishment. — ^There is established in the Treasury
of the United States the Indian Housing Loan Guarantee Fmid
for the purpose of providing loan guarantees under this section.
(2) Credits. — ^The Guarantee Fund shall be credited with —
(A) any amounts, claims, notes, mortgages, contracts,
and property acquired by the Secretaiy under this section,
and any collections and proceeds therefrom;
(B) any amounts appropriated under paragraph (7);
(C) any guarantee fees collected under subsection (d);
and
(D) any interest or earnings on amounts invested imder
paragraph (4).
(3) Use. — ^Amounts in the Guarantee Fund shall be avail¬
able, to the extent provided in appropriation Acts, for —
(A) fulfilling any obligations of the Secretary with
respect to loans guaranteed under this section, including
the costs (as such term is defined in section 502 of the
Congressional Budget Act of 1974) of such loans;
(B) paying taxes, insurance, prior liens, expenses nec¬
essary to make fiscal adjustment in connection with the
application and transmittal of collections, and other
expenses and advances to protect the Secretary for loans
which are guaranteed under this section or held by the
Secretary;
(C) acquiring such security property at foreclosure sales
or otherwise;
(D) paying administrative expenses in connection with
this section; and
(E) reasonable and necessary costs of rehabilitation
and repair to properties that the Secretary holds or owns
pursuant to this section.
(4) Investment. — ^Any amounts in the Guarantee Fund
determined by the Secretary to be in excess of amounts cur¬
rently required to carry out this section may be invested in
obligations of the United States.
(5) Limitation on commitments to guarantee loans and
MORTGAGES.—
(A) Requirement of appropriations. — The authority
of the Secretary to enter into commitments to guarantee
loans under this section shall be effective for any fiscal
year only to the extent or in such amounts as are or
have been provided in appropriations Acts for such fiscal
year.
(B) Limitations on costs of guarantees. — The
authority of the Secretary to enter into commitments to
guarantee loans under this section shall be effective for
any fiscal year only to the extent that amounts in the
Guarantee Fund are or have been made available in appro¬
priation Acts to cover the costs (as such term is defined
in section 502 of the Congressional Budget Act of 1974)
of such loan guarantees for such fiscal year.
(C) Limitation on outstanding aggregate principal
amount. — Subject to the limitations in subparagraphs (A)
and (B), the Secretary may enter into commitments to
guarantee loans imder this section in each of fiscal years
1993 and 1994 with an aggregate outstanding principal
106 STAT. 3744
Regulations.
PUBLIC LAW 102-550— OCT. 28, 1992
amount not exceeding such amoimt as may be provided
in smpropriation Acts tor each such year.
(6) Liabilities.->A11 liabilities and obligations of the assets
credited to the Guarantee Fund under para^aph (2XA) shall
be liabilities and obligations of the Guarantee l^md.
(7) Authorization of appropriations. — ^There are author¬
ized to be appropriated to the Guarantee Fund to carry out
this section such sums as may be necessary for fiscal year
1993 and $50,000,000 for fiscal year 1994.
(j) Requirements for Standard Housing.— The Secretary
shall, by relation, establish housing safety and quality standards
for use un<tor this section. Such standards shall provide sufficient
flexibility to permit the use of various desims and materials in
housing acqmred with loans guaranteed under this section. The
standards shall require each dwelling unit in any housing so
acquired to —
(1) be decent, safe, sanitary, and modest in size and design;
(2) conform with applicable general construction standards
for the region;
(3) contain a heating system that —
(A) has the capacity to maintain a minimum tempera¬
ture in the dwelling of 66 degrees Fahrenheit during the
coldest weather in the area;
(B) is safe to operate and maintain;
(C) delivers a uniform distribution of heat; and
(D) conforms to any applicable tribal heating code or,
if there is no applicable tribal code, an appropriate county,
State, or Nationm code;
(4) contain a plumbing system that —
(A) uses a property installed system of piping;
(B) includes a kitchen sink and a partitional bathroom
with lavatory, toilet, and bath or shower; and
(C) uses water supply, plumbing, and sewage disposal
systems that conform to any applicable tribal code or, if
there is no applicable tribal code, the minimiun standards
established by the applicable county or State;
(5) contain an electn^ system using wiring and equipment
property installed to safety supply electrical energy for adequate
lighimg and for operation of appliances that conforms to any
applicable tribal code or, if there is no applicable tribal code,
an appropriate county, State, or National c^e;
(6) be not less than —
(AXi) 570 square feet in size, if designed for a family
of not more than 4 persons;
(ii) 850 square feet in size, if designed for a family
of not less than 5 and not more than 7 persons; and
(iii) 1020 square feet in size, if designed for a family
of not less than 8 persons, or
(B) the size pro>dded under the applicable locally
adopted standards for size of dwelling units;
except that the Secretary, upon the request of a tribe or Indian
housing authority, may waive the size requirements under this
para^aph; and
(7) conform with the ener^ performance requirements for
new construction established hy the Secretary imder section
526(a) of the National Housing Act.
(k) Definitions. — ^Por purposes of this section:
106 STAT. 3745
PUBLIC LAW 102-550— OCT. 28, 1992
(1) The term ‘^family” means 1 or more persons maintaining
a household, as the Secretary shall by regulation provide.
(2) The term "Guaranty Fund” means the Indian Housing
Loan Guarantee Fund established under subsection (i).
(3) The term "Indian” means person recomized as being
Indian or Alaska Native by an Indian tribe, the Federal Govern¬
ment, or any State.
(4) The term "Indian area” means the area within which
an Indian housing authority is authorized to provide housing.
(6) The term ^Indian housing authority” means any entity
that—
(A) is authorized to engage in or assist in the develop¬
ment or operation of low-income housing for Indians; and
(B) is established —
(i) by exercise of the power of self-government
of an Indian tribe independent of State law; or
(ii) by operation of State law providing specifically
for housing authorities for Indians, including regional
housing authorities in the State of Alaska.
(6) The term “Secretary” means the Secretary of Housing
and Urban Development.
(7) The term “standard housing” means a dwelling unit
or housing that complies with the requirements established
under subsection (j).
(8) The term "tribe” means any tribe, band, pueblo, group,
community, or nation of Indians or Alaska Natives.
(9) The term “trust land” means land title to which is
held by the United States for the benefit of an Indian or
Indian tribe or title to which is held by an Indian tribe subject
to a restriction against alienation imposed by the United States.
C. 18S. ASSISTANCE UNDER SECTION 8 FOR HOMEOWNERSHIP.
(a) Authority. — Section 8 of the United States Housing Act
1937 (42 U.S.C. 1437f), is amended by adding at the end the
3llowing new subsection:
“(y) HOMEOWNERSHIP OPTION. —
“(1) Use of assistance for homeownership.— A family
receiving tenant-based assistance under this section may
receive assistance for occupant of a dwelling owned by one
or more members of the family if the family —
"(A) is a first-time homeowner;
"(BXi) participates in the family self-sufficiency pro¬
gram under section 23 of the public housing agency provid¬
ing the assistance; or
"(ii) demonstrates that the family has income from
employment or other sources (other than public assistance),
as determined in accordance with reouirements of the Sec¬
retary, that is not less than twice tne payment standard
established by the public housing ^ency (or such other
amount as may be established by the S^retary);
“(C) except as provided by the Secretary, demonstrates
at the time the family initially receives tenant-based assist¬
ance under this subsection that one or more adult members
of Bie family have achieved employment for the period
as tile Secretary shall require;
“(D) participates in a homeownership and housing
counseling program provided by the agency; and
106 STAT. 3746
PUBLIC LAW 102-550— OCT. 28, 1992
meets any other initial or continuing requiremei
established by the public housing i^ncy in accordai
with requirements established by the S^etary.
“(2) Monthly assistance payment.—
“(A) In general. — ^Notwithstanding any other prc
sions of this section governing determination of the amoi
of assistance pa3rments under this section on behalf
a familv, the monthly assistance pa'^ent for any fam
assisted under this subsection shall be the amount
which the fair market rental for the area established un(
subsection (cXD exceeds 30 percent of the family’s montl
adjusted Income; except that the monthly assistance p:
ment shall not exceed the amount by which the mont]
homeownership expenses, as determined in accordance w
requirements established by the Secretary, exceeds 10 p
cent of the family’s monthly income.
“(B) Exclusion of equity from income.— For p
poses of determining the monthly assistance pa^yment
a family, the Secretary shall not include in family inco
an amount imputed mom ijie e(;^uity of the family ii
dwelling occupied by the family with assistance under t
subsection.
“(3) Recapture of certain amounts.— Upon sale of
dwelling by the family, the Secretary shall recapture fr
any net proceeds the amount of additional assistance (as del
mined in accordance with requirements established by the £
retary) paid to or on behalf of the eligible family as a res
of paragraph (2XB).
“(4) Downpayment requirement.— Each public hous
agency providing assistance under this subsection shall ens
that earn family assisted shall provide from its own resour
not less than 80 percent of any downpayment in connect
with a loan made for the purchase of a dwelling. Such resour
may include amounts from any escrow account for the fan
established under section 23(d). Not more ttian 20 perc
of the downpayment may be provided from other sources, si
as from nonprofit entities and programs of States and ui
of general lo<^ government.
“(5) INEUGIBIUTY UNDER OTHER PROGRAMS.— A family 11
not receive assistance under this subsection during any per
when assistance is being provided for the family under ot
Federal homeownership assistance programs, as determii
by the Secretary, including assistance imder the HOME Invi
ment Partnersmps Act, the Homeownership and (^portui
Through HOPE Act, title II of the Housing and Cfommui
Development Act of 1987, and section 502 of the Housing
of 1949.
“(6) Inapplicability of certain provisions.— Assists
under this subsection shall not be subject to the requireme
of the following provisions:
“(A) Subsection (cX3XB) of this section.
“(B) Subsection (d)(l)(BXi) of this section.
“(C) Any other provisions of this section govern
maximum amounts payable to owners and amounts pays
by assisted families.
“(D) Any other provisions of this section concern
contracts between public, housing agencies and owners.
“(E) Any other provisions of this Act that are incon¬
sistent with the provisions of this subsection.
“(7) Reversion to rental status.—
“(A) FHA-insured mortgages. — If a family receiving
assistance under this subsection for occupancy of a dwelling
defaults under a mortgage for the dwelling insured by
the Secretary under the National Housing Act, the family
may not continue to receive rental assistance under this
section unless the family (i) transfers to the Secretaiy
marketable title to the dwelling, (ii) moves from the dwell¬
ing within the period established or approved by the Sec¬
retary, and (iii) agrees that any amounts the family is
required to pay to reimburse the escrow account under
section 23(dX3) may be deducted by the public housing
agency from the assistance payment otherwise payable on
behalf of the family.
“(B) Other mortgages. — If a family receiving assist¬
ance under this subsection defaults imder a mortgage not
insured under the National Housing Act, the family may
not continue to receive rental assistance under this section
imless it complies with requirements established by the
Secretary.
“(C) All mortgages. — ^A family receiving assistance
under this subsection that defaults under a mortgage may
not receive assistance under this subsection for occupancy
of another dwelling owned by one or more members of
the family.
“(8) Definition of first-time homeowner. — For purposes
of this subsection, the term ‘first-time homeowner’ means —
“(A) a family, no member of which has had a present
ownership interest in a principal residence during the 3
years preceding the date on which the family initially
receives assistance for homeownership under this sub¬
section; and
“(B) any other family, as the Secretary may prescribe.”.
(b) Family Self-Sufficiency Program. — Section 23(d) of the
ited States Housing Act of 1937 (42 U.S.C. 1437u) is amended
adding at the end the following new paragraph:
13) Use of escrow savings accounts for section s
homeownership. — Notwithstanding paragraph (3), a family
that uses assistance under section 8(y) to purchase a dwelling
may use up to 50 percent of the amount in its escrow account
established under paragraph (3) for a downpayment on the
dwelling. In addition, after the family purchases the dwelling,
the family may use any amoimts remaining in the escrow
account to cover the costs of major repair and replacement
needs of the dwelling. If a family defaults in connection with
the loan to purchase a dwelling and the mortgage is foreclosed,
the remainii^ amounts in the escrow accoimt shall be recap¬
tured by the Secretary.”.
(c) Use of FHA Insurance With Section 8 Homeowner-
[p.—
(1) In general. — Section 203 of the National Housing Act
(12 U.S.C. 1709) is amended —
(A) in the matter preceding subparagraph (A) in sub¬
section (c)(2), by inserting “or of the General Insurance
Fund pursuant to subsection (v)” after “Fund”; and
)6 STAT. 3748
PUBLIC LAW 102-550— OCT. 28, 1992
(B) by adding at the end the following new subsection:
“(v) Notwithstanding section 202 of this title, the insurance
of a mortgage under this section in connection with the assistance
provided under section 8(y) of the United States Housing Act of
1937 shall be the obligation of the General Insurance Fund created
pursuant to section 519 of this title. The provisions of subsections
(a) through (h), (j), and (k) of section 204 shall apply to such
mortgages, except that (1) all references in section 204 to the
Mutual Mortgage Insurance Fund or the Fund shall be construed
to refer to the C^neral Insurance Fund, and (2) any excess amounts
described in section 204(fXl) shall be retained by the Secretary
and credited to the Generd Insurance Fund.”.
(2) General insurance fund.— Section 519(e) of the
National Housing Act (12 U.S.C. 1735c(e)) is amended by insert¬
ing after “203(b)” the following: “(except as provided in section
203(v))”.
(3) Mortgage insurance transition premiums.— The
matter preceding paragraph (1) in section 2103(b) of the Omni¬
bus Budget Reconciliation Act of 1990 (12 U.S.C. 1709 note)
is amended by inserting “or of the General Insurance Fund
pursuant to section 203(v) of the National Housing Act” after
%und”.
(4) Conforming amendment.— The third sentence of sec¬
tion 3(aXl) of the United States Housing Act of 1937 (42
U.S.C. 1437a(a)(l)) is amended by inserting “or (y) or pa3dng
rent under section 8(c)(3)(B)” after “section 8(o)”.
Disadvantaged. SEC. 186. ENTERPRISE ZONE HOMEOWNERSHIP OPPORTUNITY
42 use 12898a. GRANTS.
(a) Statement of Purpose.— It is the purpose of this section—
(1) to encourage homeownership by families in the United
States who are not otherwise able to afford homeownership;
(2) to encourage the redevelopment of economically
depressed areas; and
(3) to provide better housing opportunities in federally
approved and equivalent State-approved enterprise zones.
(b) Definitions. — For purposes of this section the following
definitions shall apply:
(1) Home. — ^The term “home” means any 1- to 4-family
dwelling. Such term includes any dwelling unit in a condomin¬
ium project or cooperative project consisting of not more than
4 dwelling units, any town house, and any manufactured home.
(2) Metropolitan statistical area.— The term “metro¬
politan statistical area” means a metropolitan statistical area
as established by the Office of Management and Budget.
(3) Nonprofit organization.— The term “nonprofit
organization” means a private nonprofit corporation, or other
private nonprofit legal entity, that is approved by the Secretary
as to financial responsibility.
(4) Secretary. — ^The term “Secretary” means the Secretary
of Housing and Urban Development.
(5) State. — %e term “State” means each of the several
Stetes, the District of Columbia, the Commonwealth of Puerto
Rico, the Virgin Islands, Guam, American Samoa, the Northern
Mariana Islands, the Trust Territory of the Pacific Islands,
. and any other territory or possession of the United States.
106 STAT. 3749
PUBLIC LAW 102-550— OCT. 28, 1992
(6) Unit of general local government.— The term "unit
of general local government” means any borough, city, county,
parish, town, township, village, or other general purpose politi¬
cal subdivision of a State.
(c) Assistance to Nonprofit Organizations. —
(1) In general. — The Secretary may provide assistance
to nonprofit organizations to carry out enterprise zone
homeownership opportunity programs to promote homeowner-
ship in federally approved and equivalent State-approved enter¬
prise zones in accordance with the provisions of this section.
Such assistance shall be made in the form of grants.
(2) Applications. — ^Applications for assistance under this
section shall be made in such form, and in accordance with
such procedures, as the Secretary may prescribe.
(d) Eligible Uses of Assistance.—
(1) In general. — ^Any nonprofit organization receiving
assistance under this section shall use such assistance to pro¬
vide loans to families purchasing homes constructed or rehabili¬
tated in accordance with an enterprise zone homeownership
opportimity program approved under this section.
(2) Specific requirements.— Each loan made to a family
under this subsection shall —
(A) be secured by a second mortgage held by the Sec¬
retary on the property involved;
(B) be in an amount not exceeding $16,000;
(C) bear no interest; and
(D) be repayable to the Secretary upon the sales, lease,
or other transfer of such property.
(e) Program Requirements.—
(1) In general. — ^Assistance provided under this section
may be used only in connection with an enterprise zone
homeownership opportunity program of construction or
rehabilitation of homes.
(2) Family need. — ^Each family purchasing a home under
this section shall —
(A) have a family income on the date of such purchase
that is not more than the median income for a family
of 4 persons (adjusted for family size) in the metropolitan
statistical area in which a federally approved or eqmvalent
State-approved enterprise zone is located; and
(B) not have owned a home during the 3-year period
preceding such purchase,
(3) Downpayment. — Each family purchasing a home under
this section shall make a downpa3nment of not less than 6
percent of the sale price of such home.
(4) Leasing prohibition. — No family purchasing a home
under this section may lease such home.
(f) Terms and Conditions of Assistance.—
(1) Local consultation. — No proposed enterprise zone
homeownership opportunity program may be approved by the
Secretary imder this section unless the applicant involved dem¬
onstrates to the satisfaction of the Secretary that —
(A) it has consulted with and received the support
of residents of the neighborhood in which such program
is to be located; and
(B) it has the approval of each unit of general local
government in which such program is to be located.
106 STAT. 3750
Appropriation
authorization.
Regulations.
42 use 1437a
note.
PUBLIC LAW 102-550— OCT. 28, 1992
(2) Program schedule. — Each applicant for assistance
under this section shall submit to the Secretary an estimated
schedule for completion of its proposed enterprise zone
homeownership opportunity program, which schedule shall
have been agreed to by each unit of general local government
in which such program is to be located.
(3) Location. — ^All homes constructed or rehabilitated
under such program will be located in federally approved or
equivalent State-approved enterprise zones.
(4) Sales contracts. — Sales contracts entered into under
such program will contain provisions requiring repayment of
any loan made under this section upon the sale or other transfer
of the home involved, unless the Secretary approves a transfer
of such home without repa3mient (in which case the second
mortgage held by the Secretary on such home shall remain
in force until such loan is fully repaid).
(g) Program Selection Criteria.—
(1) In general. — In selecting enterprise zone homeowner¬
ship opportunity programs for assistance under this section
from among elimble programs, the Secretary shall make such
selection on the basis of the extent to which —
(A) non-Federal public or private entities will contrib¬
ute land necessary to make each program feasible;
(B) non-Federal public and private financial or other
contributions (including tax abatements, waivers of fees
related to development, waivers of constmetion, devel¬
opment, or zoning requirements, and direct financial con¬
tributions) will reduce the cost of home constructed or
rehabilitated under each program;
(C) each program will produce the greatest number
of units for the least amount of assistance provided under
this section, taking into consideration the cost differences
among different market areas; and
(D) each program provides for the involvement of local
residents in the planning, and construction or rehabilita¬
tion, of homes.
(2) Exception, — ^To the extent that non-Federal public enti¬
ties are prohibited by the law of any State from making any
form of contribution described in subparagraph (A) or ^) of
para^aph (U, the Secretary shall not consider such form of
contribution in evaluating such program.
(h) Regulations. — ^Not later than 180 days after the date of
enactment of this section, the Secretary shall issue final regulations
to c&rry out the provisions of this title. Any such regulations shall
be issued in accordance with section 653 of title 5, United States
Code, notwithstanding the provisions of subsection (a)(2) of such
section.
(i) Funding. — ^There are authorized to be appropriated to carry
out this section $30,000,000 in each of fiscal years 1993 and 1994.
Subtitle F — Implementation
SEC. 191. IMPLEMENTATION.
The Secretary of Housing and Urban Development shall issue
any final regulations necessary to implement the provisions of this
title and the amendments made by this title not later than the
106 STAT. 3751
PUBLIC LAW 102-550— OCT. 28, 1992
piration of the 180-day period beginning on the date of the enact-
lent of this Act, except as expressly provided otherwise in this
itle and the amendments made by this title. Such regulations
hall be issued after notice and opportunity for public comment
ursuant to the provisions of section 663 of title 6, United States
lode (notwithstanding subsections (a)(2), (b)(B), and (d)(3) of such
ection).
TITLE II— HOME INVESTMENT
PARTNERSHIPS
EC. 201. AUTHORIZATION OF APPROPRIATIONS.
Section 206 of the Cranston-Gonzalez National Affordable Hous-
ig Act (42 U.S.C. 12724) is amended to read as follows:
SEC. 205. AUTHORIZATION.
“There are authorized to be appropriated to carry out this
itle $2,086,000,000 for fiscal year 1993, and $2,173,612,000 for
iscal year 1994, of which —
“(1) not more than $14,000,000 for fiscal year 1993, and
$14,000,000 for fiscal year 1994, shall be for community housing
partnership activities authorized under section 233; and
“(2) not more than $11,000,000 for fiscal year 1993, and
$11,000,000 for fiscal year 1994, shall be for activities in sup¬
port of State and local housing strategies authorized under
subtitle C.”.
EC. 202. HOME PROGRAM THRESHOLDS.
(a) Participating Jurisdictions. — Section 216 of the Cranston-
lonzalez National Affordable Housing Act (42 U.S.C. 12746) is
mended —
(1) in paragraph (3), by striking “A jurisdiction” and insert¬
ing “Except as provided in paragraph (10), a jurisdiction”;
(2) in paragraph (9)(B), by inserting “, except as provided
in para^aph (10)” after “in any 1 year”; and
(3) by adding at the end the following:
“(10) Threshold reduction.— If the amount appropriated
pursuant to section 206 for any fiscal year is less than
$1,600,000,000, then this section shall be applied during that
year —
“(A) by substituting ‘$600,000’ for ‘$760,000’ both places
it appears in paragraph (3); and
“(B) by substituting ‘$500,000’, ‘$410,000’, and
‘$335,000’ for ‘$750,000’, ‘$625,000’, and ‘$500,000’, respec¬
tively, where they appear in paragraph (9).”.
(b) Supplemental Allocation.— Section 217(b) of the Cran-
ton-Gonzalez National Affordable Housing Act (42 U.S.C. 12747(b))
3 amended —
(1) in paragraph (3), by inserting “, except as provided
in paragraph (4)” before the period at the end of the second
sentence; and
(2) by adding at the end the following:
“(4) Threshold reduction. — If the amount appropriated
pursuant to section 205 for any fiscal year is less than
$1,500,000,000, then this section shall be applied during that
106 STAT. 3752
421380 12746
note.
PUBLIC LAW 102-550— OCT. 28, 1992
year by substituting ‘$335,000’ for ‘$500,000’ where it appea
in paragraph (3).”.
(c) Applicability. — ^Notwithstanding any other provision of la
the grant t^esholds provided for in section 216, as amended 1
this section, and the grant thresholds provided for in section 217(
of the Cranston-Gonzalez National Affordable Housing Act,
amended by this section, shall apply.
SEC. 203. ELIMINATION OF KESTRICTIONS ON NEW CONSTRUCTIC
(a) Eligible Uses of Investment. — Section 212(a) of the Cra
ston-(ionzalez National Affordable Housing Act (42 U.S.C. 12742(s
is amended —
(1) in the last sentence of paragraph (2), by striking “und
paragraph (3) of this subsection or”;
(2) by striking paragraph (3); and
(3) by redesignating paragraph (4) as paragraph (3).
(b) Formula Allocation. — Section 217(b)(1) of the Cranstc
Gonzalez National Affordable Housing Act (42 U.S.C. 12747(b)(
is amended —
(1) by striking subparagraph (A);
(2) in subparagraph (D), bj^ striking “Except as provid
in subparagraph (A), the basic formula established und
subpara^aph (B)” and inserting ‘The basic formula establish
under svmparagraph (A)”;
(3) in subparagraph (E), by striking “formulas in subpai
graph (B)” and inserting “formiila in subparagraph (A)”;
(4) in subparagraph (F) —
(A) in the first sentence, by striking “subparagra
(B)” and inserting “subparagraph (A)”; and
(B) by striking the second sentence;
(6) in subparagraph (G), by striking “formulas in subpai
graphs (A) and (B)” and inserting “formula in subparagra
(A)^; and
(6) by redesignating subparagraphs (B) through (G) (
amended by this paragraph) as subparagraphs (A) throu
(F), respectively.
(c) Conforming Amendment.— Section 218(g) of the Cranst<
Gonzalez National Affordable Housing Act (42 U.S.C. 12748(
is amended by striking “Except as provided in secti
217(bXl)(AXii), ii and inserting “Iff.
SEC. 204. POUCIES AND PREFERENCE RULES; USE OF TENANT-BAS
RENTAL ASSISTANCE AMOUNTS FOR SECURITY DEPOSI
(a) Policies and Preference Rules.— Section 212(a)(3) of t
Cranston-Gonzalez National Affordable Housing Act (42 U.S
12742(aX3)), as so redesignated by section 203(aX3) of this A
is amended bv adding at the end the following:
^(E) Security deposit assistance.— A jurisdicti
using funds provided under this subtitle for tenant-bas
rental assistance may use such funds to provide los
or grants to very low- and low-income families for secur
deposits for rental of dwelling units. Assistance under tl
subparagraph does not preclude assistance under any otl
provision of this paragraph.”.
(b) Security Deposits.— Section 212(aX3XA) of the Cransb
Gonzalez National Affordable Housing Act (42 U.S
12742(aX4XA)), as so redesignated by section 203(aX3) of this A
is amended by striking clause (ii) and inserting the following:
PUBLIC LAW 102-560— OCT. 28, 1992
106 STAT. 3753
“(ii) the tenant-based rented assistance is provided
in accordance with written tenant selection policies
and criteria that are consistent with the purposes of
providing housing to very low- and low-income families
and are reasonably related to preference rules estab¬
lished under section 6(c)(4XA) of the Housing Act of
1937.”.
C. 206. USE OF HOME FUNDS FOR HOMELESS ASSISTANCE.
Section 212(a)(1) of the Cranston-Gonzalez National Affordable
(using Act (42 U.S.C. 12742(a)(1)) is amended by adding at the
the following: “For the purpose of this subtitle, the term ‘afford-
le housing* includes permanent housing for disabled homeless
rsons, transitional housing, and single room occupancy housing.”.
C. 206. PER UNIT COST LIMITS.
Section 212(d)(1) of the Cranston-Gonzalez National Affordable
(using Act (42 U.S.C. 12742(d)(1)) is amended by inserting after
i first sentence the following: “For multifamily housing, such
lits shall not be less than the per unit dollar amount limitations
; forth in section 221(d)(3)(ii) of the National Housing Act, as
ch limitations may be adjusted in accordance therewith, except
it for purposes of this subsection the Secretary shall, by regula-
n, increase the per unit dollar amount limitations in any geo-
phical area by an amount, not to exceed 140 percent, that
iials the amount by which the costs of multifamily housing
istruction in the area exceed the national average of such costs.”.
. 207. ADMINISTRATIVE COSTS AS EUGIBLE USE OF INVESTMENT.
(a) Housing Uses. — Section 212(a)(1) of the Cranston-Gonzalez
itional Affordable Housing Act (42 U.S.C. 12742(a)(1)) is amended
inserting after “organizations,” the following: “to provide for
. payment of reasonable administrative and planning costs, to
mde for the pa3nment of operating expenses of community hous-
f development organizations,”.
(b) Eligible Use. — Section 212 of the Cranston-Gonzalez
itional Affordable Housing Act (42 U.S.C. 12742) is amended —
(1) in subsection (c)(1), by inserting “that exceed the
amount specified under subsection (c)” before the comma at
the end;
(2) by redesignating subsections (c), (d) (as amended by
the preceding provisions of this Act), and (e) as subsections
(d), (e), and (0, respectively; and
(3) by inserting after subsection (b) the following:
“(c) Administrative Costs. — In each fiscal year, each partici¬
ting jurisdiction may use not more than 10 percent of the funds
ide available under this subtitle to the jurisdiction for such year
■ any administrative and planning costs of the jurisdiction in
trying out this subtitle, including the costs of the salaries of
rsons engaged in administering and managing activities assisted
h funds made available under this subtitle.”.
(c) Recognition of Match. — Section 220 of the Cranston-
inzalez National Affordable Housing Act (42 U.S.C. 12750) is
lended —
(1) in subsection (b)(2), by striking “shall” and all that
follows and inserting “may not be recognized for purposes of
subsection (a).”; and
(2) in subsection (c) —
Regulations.
06 STAT. 3754
PUBLIC LAW 102-550— OCT. 28, 1992
(A) by striking paragraph (2); and
(B) by redesignating paragraphs (3), (4), and (6) as
paragraphs (2), (3), and (4), respectively.
(d) Limitation on Administrative Costs. — Section 212 of the
Cranston-Gonzalez National Affordable Housing Act (42 U.S.C.
12742) is amended by adding at the end the following:
“(g) Limitation on Operating Assistance, — A participating
jurisdiction may not use more than 5 percent of its allocation
under this subtitle for the payment of operating expenses for
community housing development organizations.”.
SEC. 208. affordable HOUSING.
(a) Rent Calculations. — Section 215(a) of the Cranston-
Gonzalez National Affordable Housing Act (42 U.S.C. 12745(a))
is amended —
(1) in paragraph (1)(A) by striking “smaller and larger
famihes” and inserting “number of bedrooms in the unit”;
(2) in paragraph (3), by adding at the end the following;
“The preceding sentence shall not apply with respect to funds
made available imder this Act for units that have been allocated
a low-income housing tax credit by a housing credit agency
pursuant to section 42 of the Internal Revenue Code 1986.”;
and
(3) in the second sentence of paragraph (3), by striking
“not less than” and inserting “the lesser of the amount payable
by the tenant under State or local law or”.
(b) Exception to Termination Rule.— Section 215(aXl)(E) of
the Cranston-Gronzalez National Affordable Housing Act (42 U.S.C.
12745(a)(1)(E)) is amended by inserting after “Act” the following:
except upon a foreclosure by a lender (or upon other transfer
in lieu of foreclosure) if such action (i) recognizes any contractual
or legal rights of public agencies, nonprofit sponsors, or others
to take actions that would avoid termination of low-income afford¬
ability in the case of foreclosure or transfer in lieu of foreclosure,
and (ii) is not for the purpose of avoiding low income affordability
restrictions, as determined by the Secretary’.
SEC. 209. HOMEOWNERSmP RESALE RESTRICTIONS.
Section 215(b) of the Cranston-Gonzalez National Affordable
Housing Act (42 U.S.C. 12745(b)) is amended by striking paragraph
(4) and inserting the following:
“(4) is subject to resale restrictions that are established
by the participating jurisdiction and determined by the Sec¬
retary to be appropriate to —
“(A) mlow for subsequent purchase of the property
only by persons who meet the qualifications specified under
paragraph (2), at a price which will —
“(i) provide the owner with a fair return on invest¬
ment, including any improvements, and
“(ii) ensure that the housing will remain affordable
to a reasonable range of low-income homebuyers; or
“(B) recapture the investment provided under this title
in order to assist other persons in accordance with the
requirements of this subsection, except where there are
nn npL nmPPpHs nr wViPro tVlP n t
106 STAT. 3755
PUBLIC LAW 102-550~OCT. 28, 1992
!10. MATCHING REQUIREMENTS.
3l) Tiered Contribution. — Section 220(a) of the Cranston-
alez National Affordable Housing Act (42 U.S.C. 12750(a))
ended —
(1) in paragraph (1) —
(A) by striking “and” and inserting a comma;
(B) by inserting “and substantial rehabilitation” after
“rehabilitation”; and
(C) by inserting “and” after the semicolon;
(2) in paragraph (2) —
(A) by striking “33” and inserting “30”; and
(B) by striking “substantial r^abilitation; and” and
inserting “new construction.”;
(3) by striking paragraph (3); and
(4) in the matter preceding para^aph (1), by striking
affordable housing assisted under this title” and inserting
bousing that qualifies as affordable housing under this title .
3) Form. — Section 220(c) of the Cranston-Gonzalez National
iable Housing Act (42 U.S.C. 12750(c)) is amended —
(1) by striking “and” at the end of paragraph (4);
(2) by striking the period at the end of paragraph (5)
nd inserting a semicolon; and
(3) by adding at the end the following:
“(6) up to —
“(A) 50 percent of proceeds from bond financing validly
issued by a State or local government, agency or instrumen¬
tality thereof, or political subdivision thereof, and repayable
with revenues derived from a multifamily affordable nous¬
ing project financed, and
“(B) 25 percent of proceeds from bond financing validly
issued by a State or local government, agency or instrumen¬
tality thereof, or political subdivision thereof, and repayable
with revenues derived from a single-family project financed,
ut not more than 25 percent of the contribution required
nder subsection (a) may oe derived from these sources;
“(7) the reasonable value of any site-preparation and
onstruction materials and any donated or voluntary labor in
onnection with the site-preparation for, or construction or
ehabUitation of, affordable housing; and
“(8) such other contributions to affordable housing as the
lecretary considers appropriate.”.
:) Reduction of Requirement. — Section 220 of the Cranston-
alez National Affordable Housing Act (42 U.S.C. 12750) is
ded by striking subsection (d) and mserting:
[d) Reduction of Requirement.—
“(1) In general. — ^The Secretary shall reduce the matching
equirement under subsection (a) with respect to any fundi
rawn from a jurisdiction’s HOME Investment Trust Fund
Lccount during a fiscal year by —
“(A) 50 percent for a jurisdiction that certifies that
it is in fiscal distress; and
“(B) 100 percent for a jurisdiction that certifies that
it is in severe fiscal distress.
“(2) Definitions. — For purposes of this section —
“(A) ‘fiscal distress’ means a jurisdiction other than
a State that satisfies 1 of the distress criteria set forth
in paragraph (3); and
6 STAT. 3756
PUBLIC LAW 102-560— OCT. 28, 1992
2 use 12750
lote.
“(B) ‘severe fiscal distress’ means a jurisdiction other
than a State that satisfies both of the distress criteria
set forth in paragraph (3).
“(3) Distress criteria. — ^For purposes of a jurisdiction
other than a State certifying that it is distressed, the following
criteria shall apply:
“(A) Poverty rate. — ^The average poverty rate in the
jurisdiction for the calendar year immediately preceding
the year in which its fiscal year begins was equal to or
greater than 125 percent of the average national poverty
rate during such calendar year (as determined according
to information of the Bureau of the Census).
“(B) Per capita income.— The average per capita
income in the jurisdiction for the calendar year immediately
preceding the year in which its fiscal year begins wels
less than 75 percent of the average national per capita
income during such calendar year (as determined according
to information of the Bureau of the Census).
“(4) States. — In determining the degree to which a jurisdic¬
tion that is a State is distressed, the Secretary shall take
into consideration the State’s fiscal capacity and expenditure
needs as determined by a national organization which compiles
the relevant data.
“(5) Waiver in disaster areas.— If a participating jurisdic¬
tion is located in an area in which a declaration of a disaster
pursuant to the Robert T. Stafford Disaster Relief and Emer¬
gency Assistance Act is in effect for any part of a fiscal year,
the Secretary may reduce the matching requirement for that
fiscal year under subsection (a) with respect to any funds
drawn from a jurisdiction’s HOME Investment Trust Fund
Accoimt during that fiscal year by up to 100 percent.”.
(d) Applicability. — ^The amendments made by this section shall
apply with respect to fiscal year 1993 and each fiscal year
thereafter.
SEC. 211. ASSISTANCE FOR INSULAR AREAS.
(a) Repeal of Amendments Made by Public Law 102-230. —
(1) Definitions.— Section 104 of the Cranston-Clonzalez
National Affordable Housing Act (42 U.S.C. 12704) is amended
to read as if the amendments made by section 2 of Public
Law 102-230 (105 Stat. 1720) had not been enacted.
(2) Allocation of resources.— Section 217(a) of the Cran-
ston-Gionzalez National Affordable Housing Act (42 U.S.C.
12747(a)) is amended —
(A) by striking the first sentence of paragraph (1) and
inserting the following: “After reserving amounts imder
paragraph (2) for Indian tribes and after reserving amounts
under paragraph (3) for the insular areas, the Secretary
shall allocate funds approved in an appropriation Act to
cairry out this title by formula as providea in subsection
(b).”;
(B) by striking paragraph (3) (as added by Public Law
102-229; 105 Stat. 1709);
(C) by striking paragraph (3) (as added by Public Law
102-230; 105 Stat. 1720); and
(D) by adding after paragraph (2) the following:
PUBLIC LAW 102-550— OCT. 28, 1992
106 STAT. 3757
“(3) Insular areas. — ^For each fiscal year, of any amounts
approved in appropriation Acts to carry out this title, the Sec¬
retory shall reserve for grants to the insular areais the greater
of (A) $750,000, or (B) 0.2 percent of the amounts appropriated
under such Acte. The Secretary shall provide for the distribu¬
tion of amoimte reserved unaer this para^aph among the
insular areas pursuant to specific criteria for such distribu¬
tion, which shall be contained in a regulation issued by the
Secretoiy.”.
(3) Expedited issuance of regulation.— The regulation
referred to in the amendment made by paragraph (2)(D) shall
take effect not later than the expiration of the 90-day period
beginning on the date of the enactment of this Act. The regula¬
tion shall not be subject to the requirements of subsections
(b) and (c) of section 553 of title 5, United States Code, or
section 7(o) of the Department of Housing and Urban Develop¬
ment Act.
(b) Effective Date. — ^The amendments made by subsection
) shall apply with respect to fiscal year 1993 and thereafter.
1C. 212. COMMUNITY HOUSING PRODUCTION SET-ASIDE.
Regulations.
EJffective date.
42 use 12747
note.
42 use 12704
note.
(a) Extension of Period.— Section 231 of the Cranston-
mzalez National Affordable Housing Act (42 U.S.C. 12771) is
lended by striking “18 months” each place it appears in sub-
ctions (a) and (b) and inserting “24 months”.
(b) Allocation for Use by Nonprofit Organization.— Sec-
tn 231(a) of the Cranston-Gonzalez National Affordable Housing
t (42 U.S.C. 12771(a)) is amended by inserting after the second
ntence the following: “If during the first 24 months of its participa-
tn under this title, a participating jurisdiction is unable to identify
sufficient number of cap^le community housing development
ganizations, then up to 20 percent of the funds allocated to
at jurisdiction under this section, but not to exceed $150,000,
ay be made available to carry out activities that develop the
pacity of community housing development organizations in that
risdiction.”.
(c) Other Requirements.— Section 234(b) of the Cranston-
mzalez National Affordable Housing Act (42 U.S.C. 12774(b))
amended —
(1) by striking “, together with other Federal assistance,”;
and
(2) by inserting before the period the following: “or $50,000
annually, whichever is greater”.
C. 213. HOUSING EDUCATION AND ORGANIZATIONAL SUPPORT FOR
COMMUNITY LAND TRUSTS.
(a) Community Land Trusts. — Section 233 of the Cranston-
mzalez National Affordable Housing Act (42 U.S.C. 12773) is
lended —
(1) in subsection (aX2), by inserting “, including community
land trusts,” after “organizations”;
(2) in subsection (b), by adding at the end the following:
“(6) Community land trusts.— Organizational support,
technical assistance, education, training, and continuing sup-
{)ort under this subsection may be made available to community
and trusts (as such term is defined in subsection (f)) and
to community groups for the establishment of community land
trusts.”; and
106 STAT. 3758
PUBLIC LAW 102-550— OCT. 28, 1992
(3) by adding at the end the following;
“(f) Definition of Community Land Trust. — For purpoE
of this section, the term ‘commimity land trust’ means a common:
housing development organization (except that the requiremei
under subparagraphs (C) ^d (D) of section 104(6) shall not apj
for purposes of this subsection)—
“(1) that is not sponsored by a for-profit organization;
“(2) that is established to carry out the activities unc
paragraph (3);
“(3)that>-
“(A) acquires parcels of land, held in perpetuity, p
marily for conveyance under long-term ground leases;
“(B) transfers ownership of any structural impro’
ments located on such leased parcels to the lessees; a
“(C) retains a preemptive option to purchase any sc
structural improvement at a price determined by formi
that is designed to ensure that the improvement remai
affordable to low- and moderate-income families
perpetuity;
“(4) whose corporate membership that is open to any ad
resident of a particular geographic area specified in the byla
of the organization; and
“(5) whose board of directors —
“(A) includes a majority of members who are eleci
by the coiTporate membership; and
“(B) is composed of equal numbers of (i) lessees pun
ant to paragraph (3)(B), (ii) corporate members who j
not lessees, and (iii) any other category of persons descril
in the bylaws of the organization.”.
(b) Women in Homebuilding.— Section 233 of the Cransb
Gonzalez National Affordable Housing Act (42 U.S.C. 12773),
amended by subsection (a) of this section, is further amendec
(1) in subsection (a) —
(A) in paragraph (1), by striking “and” at the e:
(B) in paragraph (2), by striking the period at 1
end and inserting “; and”; and
(C) by adding at the end the following:
“(3) to achieve the purposes under paragraphs (1) a
(2) by helping women who reside in low- and moderate-inco
neighborhoods rehabilitate amd construct housing in i
neighborhoods.”.
(2) in subsection (b), by adding after paragraph (6)
added by subsection (a)(2) of this section) the following:
“(7) Facilitating women in Homebuilding professions
Technical assistance may be made available to business
unions, and orgamizations involved in construction a
rehabilitation of housing in low- and moderate-income ar<
to assist women residing in the area to obtain jobs involv
such activities, which may include facilitating access by si
women to, and providing, apprenticeship and other train
programs regarding nontraditional skills, recruiting women
participate in such programs, providing continuing support
women at job sites, counseling and educating businesses rega
ing suitable work environments for women, providing infon
tion to such women regarding opportimities for establish
small housing construction and rehabilitation businesses, s
providing materials and tools for training such women (in
106 STAT. 3759
PUBLIC LAW 102-550— OCT. 28, 1992
amount not exceeding 10 percent of any assistance provided
under this paragraph). The Secretary shall give priority under
this paragraph to providing technical assistance for organiza¬
tions rehabilitating single family or multifamily housing owned
or controlled by the Secretary pursuant to title II of the
National Housing Act and which have women members in
occupations in which women constitute 25 percent or less of
the total number of workers in the occupation (in this section
referred to as ‘nontraditional occupations’).”;
(3) in subsection (c)(1) —
(A) in subparagraph (C), by striking “and” at the end;
(B) in subparagraph (D), by striking “or” at the end
and inserting “and”; and
(C) by adding at the end the following:
“(E) in the case of activities under subsection (b)(7),
is a community-based organization (as such term is defined
in section 4 of the Job Training Partnership Act) or public
housing agency, which has demonstrated experience in
preparing women for apprenticeship training in construc¬
tion or administering programs for training women for
construction or other nontraditional occupations (and such
organizations may use assistance for activities under such
subsection to employ women in housing construction and
rehabilitation activities to the extent that the organization
has the capacity to conduct such activities); or”; and
(4) by adding at the end of subsection (e) the following:
“The Secretary shall provide assistance under this section, to
the extent applications are submitted and approved, to contrac¬
tors in each of the geographic regions having a regional office
of the Department of Housing and Urban Development.”.
C. 214. LAND BANK REDEVELOPMENT.
(a) Priorities for Capacity Development.— Section 242 of
j Cranston-Gonzalez National Affordable Housing Act (42 U.S.C.
782) is amended —
(1) in paragraph (4), by striking “and” at the end;
(2) in paragraph (5), by striking the period at the end
and inserting “; and”; and
(3) by adding at the end the following:
“(6) facilitate the establishment and efficient operation of
land bank programs, under which title to vacant and abandoned
parcels of real estate located in or causing blighted neighbor¬
hoods is cleared for use consistent with the purposes of this
title.”.
C. 215. RESEARCH IN PROVIDING AFFORDABLE HOUSING
THROUGH INNOVATIVE BUILDING TECHNIQUES AND
TECHNOLOGY.
The second sentence of section 244 of the Cranston-Gonzalez
itional Affordable Housing Act (42 U.S.C. 12784) is amended
inserting before the period at the end the following: “, through
j use of cost-saving innovative building technology and construc-
n techniques”.
106 STAT. 3760 PUBLIC LAW 102-550— OCT. 28, 1992
42 use 12810.
42 use 12704
note.
SEC. 216. USE OF INNOVATIVE BUILDING TECHNOLOGIES TO PRO¬
VIDE COST-SAVING HOUSING OPPORTUNITIES.
Subtitle D of title II of the Cranston-Gonzalez National Afford¬
able Housing Act (42 U.S.C. 12801 et seq.) is amended by adding
at the end the following:
“SEC. 260. COST-SAVING BUILDING TECHNOLOGIES AND CONSTRUC¬
TION TECHNIQUES.
“(a) In General. — The Secretary shall make available a model
program to utilize cost-saving building technologies and construction
techniques for purposes of providing homeownership and rental
opportunities under this title.
“(b) Selection Criteria.— The Secretary shall establish cri¬
teria for participating jurisdictions to select projects for assistance
under the model program which may include —
“(1) the extent to which innovative, cost-saving building
and construction technologies are utilized;
“(2) the extent to which innovative, cost-saving construction
techniques are utilized;
“(3) the extent to which units will be made available to
low-income families and individuals;
“(4) the extent to which non-Federal public or private
assistance is utilized; and
“(5) any other factor, determined by the Secretary to be
appropriate.
“(c) (jUIDELINES. — ^The Secretary shall publish guidelines for
the model program under this section not later than 180 days
after the date of the enactment of the Housing and Community
Development Act of 1992.
“(d) Report. — ^The Secretary shall submit a biennial report
to the Confess on the utilization of the model program imder
this section.”.
SEC. 217. DEFINITION OF COMMUNITY HOUSING DEVELOPMENT
ORGANIZATION.
(a) In General. — Section 104(6) of the Cranston-Gonzalez
National Affordable Housing Act (42 U.S.C. 12704(6)) is amended
by adding at the end the following new flush material:
“In the case of an organization serving more than one county,
the Secretary may not require that such organization, to be
considered a community housing development oiganization for
purposes of this Act, include as members on the organization’s
governing board low-mcome persons residing in each coimty
served.”.
(b) Transition Rule. — For the purposes of determining compli¬
ance with the requirements of section 104(6) of the Cranston-Gon¬
zalez National Affordable Housing Act, the Secretary of Housing
and Urban Development may provide an exception for organizations
that meet the definition of community housing development
organization, except for significant representation of low-income
community residents on the board, if such organization fulfills
such requirement within 6 months of receiving funds under title
II of such Act or September 30, 1993, whichever is sooner.
SEC. 218. INCLUSION OF ECHO HOUSING IN DEFINITION OF HOUSING.
Section 104(8) of the Cranston-C^nzalez National Affordable
Housing Act (42 U.S.C. 12704(8)) is amended by inserting before
the period at the end the following: “and elder cottage nousing
PUBLIC LAW 102-550— OCT. 28, 1992
106 STAT. 3761
portunity units that are small, free-standine, barrier-free, energy-
icient, removable, and designed to be inst^ed adjacent to exist-
? 1- to 4-family dwellings”.
C. 21». EUGIBILITY OF MANUFACTURED HOME OWNERS AS FIRST¬
TIME HOMEBUYERS.
Section 104(14) of the Cranston-Gonzalez National Affordable
msing Act (42 U.S.C. 12704(14)) is amended —
(1) in subparagraph (A), by striking “and” at the end;
(2) in subparagraph (B), by striking the period at the
end and inserting and”; and
(3) by adding at the end the following new subparagraph;
“(C) an individual shall not be excluded from consi^r-
ation as a first-time homebuyer under this paragraph on
the basis that the individual owns or owned, as a principal
residence during such 3-year period, a dwelling unit whose
structure is —
“(i) not permanently affixed to a permanent
foundation in accordance with local or other applicable
regulations, or
“(ii) not in compliance with State, local, or model
building codes, or other applicable codes, and cannot
be brought into compliance with such codes for less
than the cost of constructing a permanent structure.”.
1C. 220. ELIGIBILITY FOR ASSISTANCE AND CONTENTS OF
STRATEGIES.
(a) Homelessness Information. — Section 105(b)(2) of the
•anston-Gonzalez National Affordable Housing Act (42 U.S.C.
1705(b)(2)) is amended —
(1) by inserting “, including rural homelessness,” after
“homelessness” the first place it appears; and
(2) by inserting “including tabular representation of such
information,” after “with homelessness,”.
(b) Antidisplacement Plan and Antipoverty Strategy.—
sction 105(b) of the Cranston-Gonzalez National Affordable Hous-
g Act (42 U.S.C. 12705(b)) is amended —
(1) by striking para^aph (14) and inserting the following:
“(14) include a certification that the jurisdiction has in
effect and is following a residential antidisplacement and reloca¬
tion assistance plan that, in any case of any such displacement
in connection with any activity assisted with amounts provided
under title II, requires the same actions and provides the
same rights as required and provided under a residential
antidisplacement and relocation assistance plan under section
104(d) of the Housing and Community Development Act of
1974 in the event of displacement in connection with a develop¬
ment project assisted under section 106 or 119 of such Act;”.
(2) in paragraph (15), by striking the period at the end
and inserting “; and” and
(3) by adfding at the end the following:
“(16) for any housing strategy submitted for fiscal year
1994 or any fiscal year thereafter and taking into consideration
factors over which the jurisdiction has control, describe the
jurisdiction’s goals, programs, and policies for reducing the
number of households with incomes below the poverty line
(as defined by the Office of Management and Budget and
revised annually), and, in consultation with other appropriate
106 STAT. 3762
42 use 12748.
42 use 12704
note.
42 use 12704
note.
12 use 4124.
PUBLIC LAW 102-550— OCT. 28, 1992
public and private agencies, state how the jurisdiction’s goals,
programs, and policies for producing and preserving affordable
nousing set forth in the housing strategy will be coordinated
with other programs and services for which the jurisdiction
is responsible and the extent to which thev will reduce (or
assist in reducing) the number of households with incomes
below the poverty line; and”.
(c) Linkage Between Housing Need and Allocation op
Housing Resources.— Section 105(b) of the Cranston-Gronzalez
National Affordable Housing Act (42 U.S.C. 12705(b)) is amended —
(1) by redesi^ating paragraphs (8) through (16) as para¬
graphs (9) through (17), respectivmy; and
(2) by insertmg after para^aph (7) the follovdng:
“(8) describe how the jurisdiction’s plan will address the
housing needs identified pursuant to subparagraphs (1) and
(2), describe the reasons ror allocation priorities, and identify
any obstacles to addressing underserved needs;”.
SEC. 221. LOCATION OF ACTIVITIES.
Section 218(a) of the Cranston-Clonzalez National .fordable
Housing Act (42 U.S.C. 12748a) is amended by inserting after
‘Tooundaries” the following: “or within the boundaries of contiguous
jurisdictions in joint projects which serve residents from both
jurisdictions”.
SEC. 222. REGULATIONS.
The Secretary of Housing and Urban Development shall issue
any final regulations necessary to implement the provisions of this
title and the amendments made by this title not later than the
expiration of the 180-day period beginning on the date of the enact¬
ment of this Act, except as expressly provided otherwise in this
title and the amendments made by this title. Such regulations
shall be issued after notice and opportunity for public comment
pursuant to the provisions of section 553 of title 5, United States
Code (notwithstanding subsections (aX2), (bXB), and (d)(3) of such
section).
SEC. 223. RETROACTIVE APPUCATION OF HOME AMENDMENTS.
The amendments made by this title shall apply to unexpended
funds allocated under title II of the Cranston-Gronzalez National
Affordable Housing Act in fiscal year 1992, except as otherwise
specifically provided.
TITLE in— PRESERVATION OF LOW-
INCOME HOUSING
Subtitle A — ^Prepayment of Mortgages
Insured Under National Housing Act
SEC. 301. AUTHORIZATION OF APPROPRIATIONS.
Section 234 of the Housing and Community Development Act
of 1987 (12 U.S.C. 4124) is amended to read as follows:
“^EC. 234. AUTHORIZATION OF APPROPRIATIONS.
“(a) In General.— There are authorized to be appropriated
for assistance and incentives authorized under this subtitle
PUBLIC LAW 102-550— OCT. 28, 1992 106 STAT. 3763
138,252,784 for fiscal year 1993 and $665,059,401 for fiscal year
194.
“(b) Grants. — Subject to approval in appropriation Acts, not
re than $50,000,000 of the amounts made available under sub-
ction (a) for fiscal year 1993, and not more than $50,000,000
the amounts made available under subsection (a) for fiscal year
194, shall be available for grants under section 22i(dX2).’*.
:c. 302. GUIDELINES FOR APPRAISALS OF PRESERVATION VALUE.
The first sentence of section 213(c) of the Housing and Commu-
ty Development Act of 1987 (12 U.S.C. 4103(c)) is amended b^
erting before “and costs” the following: “simultaneous termi-
ition of any Federal rental assistance,”.
3C. 303. SECOND NOTICE OF INTENT.
Section 216(d) of the Housing and Community Development
:t of 1987 (12 U.S.C. 4106(d)) is amended by adding at the end
e following new paragraph:
“(3) Filing with the state or local government, ten¬
ants, AND MORTGAGEE. — ^Upon filing a second notice of intent
under this subsection, the owner shall simultaneously file such
notice of the intent with the chief executive officer of the
appropriate State or local government for the jurisdiction within
which the housing is located and with the mortgagee, and
shall inform the tenants of the housing of the filing.”.
:c. 304. PLAN OF ACTION.
(a) Supporting Documentation Regarding Plan of
:tion. — Section 217(aK2) of the Housing and Community Develop-
nt Act of 1987 (12 U.S.C. 4107(aX2)) is amended inserting
ter the second sentence the following new sentence: “Each owner
id the Secretsiry shall also, upon request, make available to the
ants of the housing and to the office of the chief executive
Geer of the appropriate State or local government for the jurisdic-
)n within which tne housing is located all documentation support-
the plan of action, but not including any information that
e Secretary determines is proprietary information.”.
(b) Supporting Documentation Regarding Revisions. — Sec-
m 217(c) of the Housing and Community Development Act of
187 (12 U.S.C. 4107(c)) is amended in the second sentence by
serting before the period the following: “and make available to
,e Secretary and tenants all documentation supporting any revi-
on, but not including any information that the Secretary deter-
‘nes is proprietary information”.
!C. 306. APPROVAL OF PLAN OF ACTION.
Section 218 of the Housing and Community Development Act
1987 (12 U.S.C. 4108) is amended —
(1) by redesignating subsection (b) as subsection (c); and
(2) by inserting after subsection (a) the followring new sub¬
section:
“(b) Standards and Procedure for Written Findings. —
“(1) Standards. — A written finding under subsection (a)
shall be based on an analysis of the evidence considered by
the Secreta^ in reaching such Gnding and shall contain docu¬
mentation 01 such evidence.
“(2) Procedure and criteria. — ^The Secretary shall, by Regulations,
regulation, develop (A) a procedure for determining whether
106 STAT. 3764
PUBLIC LAW 102-550— OCT. 28, 1992
the conditions under paragraphs (1) and (2) of subsection
exist, (B) requirements for evidence on which such deteimii
tions are based, and (C) criteria on which such determinatk
are based.”.
SEC. 306. RECEIPT OF INCENTIVES TO EXTEND LOW-INCOME USE.
Section 219(a) of the Housing and Community Developm<
Act of 1987 (12 U.S.C. 4109(a)) is amended —
(1) in the first sentence, by inserting after “receive” i
following: “(for each year after the approval of the plan
action)”; and
(2) by adding at the end the following new sentence: “1
Secretary shall take such actions as are necessary to ensi
that owners receive the annual authorized return for the hoi
ing determined under section 214(a) during the period in whi
rent increases are phased in as provided in section 222(aX2X
including (in order of preference) (1) allowing the owner acci
to residual receipt accounts (pursuant to subsection (bXD
this section), (2) deferring remittance of excess rent paymen
and (3) providing an increase in rents permitted under
existing contract under section 8 of the United States Housi
Act of 1937 (pursuant to subsection (b)(2) of this section
SEC. 307. TRANSFER TO QUALIFIED PURCHASERS.
(a) Eligibility for Assistance.— The matter precedi
subparagraph (A) in section 220(d)(2) of the Housing and Comn
nity Development Act of 1987 (12 U.S.C. 4110(d)(2)) is amenc
by inserting after “purchasers” the following; “(including all prior
Eurchasers other than resident councils acquiring under I
omeownership program authorized by section 226)”.
(b) Project Oversight.— Section 220(d)(2)(D) of the Housi
and Commimity Development Act of 1987 (12 U.S.C. 4110(dX2)C
is amended by inserting before the semicolon the following: “, a
in the case of a priority purchaser, meet project oversight cost
(c) Return.— Section 220(dX2)(E) of the Housing and Comn
nity Development Act of 1987 (12 U.S.C. 4110(d)(2)(E)) is amenc
to read as follows:
“(E) receive a distribution equal to an 8 percent anni
return on any actual cash investment (from sources otl
than assistance provided under this title) made to acqu
or rehabilitate the project;”.
(d) Reimbursement.— Section 220(d)(2XF) of the Housing a
Community Development Act of 1987 (12 U.S.C. 4110(d)(2)(F))
amended to read as follows:
“(F) in the case of a priority purchaser, receive
reimbursement of all reasonable transaction expenses as
ciated with the acquisition, loan closing, and implemen
tion of an approved plan of action; and”.
(e) Incentives.— Section 220(dX3XA) of the Housing a
Community Development Act of 1987 (12 U.S.C. 4110(dX3)(A))
amended by striking “any residual receipts” and all that folic
through “(b) or (c) and”.
SEC. 308. CRITERIA FOR PLAN OF ACTION INVOLVING INCENTIV
(a) Elimination of Windfall Profits Test.— Section 222
the Housing and Community Development Act of 1987 (12 U.S
4112) is amended by striking subsection (e).
PUBLIC LAW 102-550— OCT. 28, 1992
106 STAT. 3765
b) Rent Adjustments. — Section 222(aX2XGXi) of the HousIm
Community Development Act of 1987 (12 U.S.C.
l(aX2XGXi)) IS amended by striking “by making changes in
annual authorized return under section 214” and inserting
following: where the owner is a priority purchaser, to the
Ion of rent attributable to project oversight costs”.
309. RESIDENT HOMEOWNERSHIP PROGRAM.
Section 226(b) of the Housing and Community Development
)f 1987 (12 U.S.C. 4116(b)) is amended—
(1) in paragraph (2)—
(A) by inserting “AND limitation ON CONDITIONS of
approval” before the period at the end of the paragraph
heading; and
(B) by inserting after the period at the end the follow¬
ing new sentence: “The Secretary may not require the
prepa3rment of the mortgage on eligible low-income housing
for the approval of a plan of action involving a homeowner-
ship program for the housing.”;
(2) in paragraph (3) —
(A) in subparagraph (C), by striking “and” at the end;
(B) in subparagraph (D), by strilang the period at
the end and inserting “; and”; and
(C) by adding at the end the following new subpara¬
graph:
“(E) the low-income affordability restrictions shall con¬
tinue to apply to any rental units in the housing for any
period during which such imits remain rental units.”;
(3) in paragraph (8), by strildng “Resident” and inserting
Except in the case of limited eqmty cooperatives, resident ,
and
(4) in paragraph (10) —
(A) by striking “, as determined by the Secretary,”;
(B) by striking “section 222(d)” and inserting “section
222(c)”; and
(C) by striking the last sentence.
310. DEFINITION OF ELIGIBLE LOW-INCOME HOUSING.
Section 229(lXA)(i) of the Housing and Community Develop-
t Act of 1987 (12 U.S.C. 4119(l)(AXi)) is amended by striking
Lsted under section 101 of the Housing and Urban Development
of 1965 or section 8 of the United States Housing Act of
r and inserting “receiving loan management assistance under
ion 8 of the United States Housing Act of 1937 due to a conver-
from section 101 of the Housing and Urban Development
of 1965”.
311. PREEMPTION OF STATE AND LOCAL LAWS.
The first sentence of section 232(b) of the Housing and Commu-
Development Act of 1987 (12 U.S.C. 4122(b)) is amended by
dng “and” the first place it appears and inserting “, such as
law or regulation”.
. 312. TECHNICAL ASSISTANCE AND CAPACnY BUILDING.
Title II of the Housing and Community Development Act of
7 (42 U.S.C. 4101 et seq.) is amended by adding at the end
following new subtitle:
106 STAT. 3766
PUBLIC LAW 102-550— OCT. 28, 1992
“Subtitle C — Technical Assistance and.
Capacity Building
12 use 4141. “SEC. 261. AUTHORITY.
“The Secretary of Housing and Urban Development may provide
technical assistance and capacity building to further the presorv®’
tion program established under this title.
12 use 4142. “SEC. 252. PURPOSES.
‘The purposes of this subtitle are —
“(1) to promote the ability of residents of eligible low-
income housing to meaningfully participate in the preservation
process established by this title and affect decisions about the
future of their housing;
“(2) to promote the ability of community-based nonprofit
housing developers and resident councils to acquire, rehabili¬
tate, and competently own and manage eligible housingr
rental or cooperative housing for low- and moderate-income
people; and
“(3) to assist the Secretary in dischar^ng the obligation
under section 220 to notify potential qualified purchasers of
the availability of properties for sale and to otherwise facilitate
the coordination and oversight of the preservation program
established under this title.
12 use 4143. “SEC. 253. GRANTS FOR BUILDING RESIDENT CAPACITY AND FUND¬
ING PREDEVELOPMENT COSTS.
“(a) In General. — ^Assistance made available under this section
shall be used for direct assistance grants to resident organizations
and community-based nonprofit housing developers and resident
councils to assist the acquisition of specific projects (including the
payment of reasonable administrative expenses to participating
intermediaries).
“(b) .^LOCATION. — 30 percent of the assistance made available
under this section shall be used for resident capacity grants in
accordance with subsection (d). The remainder shall be used for
predevelopment grants m connection with specific projects in accord¬
ance with subsection (e).
“(c) Limitation on Grant Amounts.— A resident capacity grant
under subsection (d) may not exceed $30,000 per project and a
frant under subsection (e) for predevelopment costs may not exceed
200,000 per project, exclusive of any fees paid to a participating
intermediary by the Secretary for administering the program.
“(d) Resident Capacity Grants. —
“(1) Use. — Resident capacity ^ants under this subsection
shall be available to eligible appRcants to cover expenses for
resident outreach, incorporation of a resident organization or
council, conducting democratic elections, training, leadersbip
development, legal and other technical assistance to the board
of directors, st^ and members of the resident organization
or council.
“(2) Eligibu: housing. — Grants under this subsection may
be provided with respect to eligible low-income housing for
which the owner has filed a notice of intent imder subtitle
B of this title or title II of the Emergency Low Income Housing
106 STAT. 3767
PUBLIC LAW 102-550— OCT. 28, 1992
Preservation Act of 1987 pursuant to section 604 of the Cran-
ston-Gonzalez National Affordable Housing Act).
“(e) Predevelopment Grants.—
“(1) Use. — ^Predevelopment grants under this subsection
shall be made available to community-based nonprofit housing
developers and resident councils to cover the cost of organizing
a purchasing entity and pursuing an acquisition, including
third party costs for traimng, development consulting, legal,
appraisal, accounting, environmental, architectural and
engineering, application fees, and sponsor’s staff and overhead
costs.
“(2) Eligible housing. — Such CTants may only be made
available with respect to any elimble Tow-income housing project
for which the owner has filed an initial notice of intent to
transfer the housing to a qualified purchaser in accordance
with section 220 of this title, or has filed a notice of intent
and entered into a binding agreement to sell the housing to
a resident organization or nonprofit organization.
“(3) Phase-in of grant payments.— Grant payments under
this subsection shall be made in phases, based on performance
benchmarks established by the Secretary in consultation with
intermediaries selected under section 255(b).
“(f) Grant Applications. — Grant applications for assistance
der subsections (d) and (e) shall be received monthly on a rolling
isis and approved or rejected on at least a quarterly basis by
termediaries selected under section 255(b).
“(g) Appeal. — ^If an application for assistance under subsections
) or (e) is denied, the applicant shall have the right to appeal
le denial to the Secretary and receive a binding determination
ithin 30 days of the appeal.
EC. 254. grants FOR OTHER PURPOSES.
‘The Secretary may provide wants under this subtitle —
“(1) to resident-controlled or commimity-based nonprofit
organizations with experience in resident education and
organizing for the purpose of conducting community, city or
county wide outreach and training programs to identify and
organize residents of eligible low-income housing; and
“(2) to State and local government agencies and nonprofit
intermediaries for the purpose of carrying out such activities
as the Secretary deems appropriate to further the preservation
program established under this title.
EC. 265. DELIVERY OF ASSISTANCE THROUGH INTERMEDIARIES.
“(a) In General. — The Secretary shall approve and disburse
ssistance imder section 253 through elimble intermediaries
ilected by the Secretary under subsection te). If the Secretary
les not receive an acceptable proposal from an intermediary offer-
ig to administer assistance under this section in a given State,
le Secretary shall administer the program in such State directly.
“(b) Selection of Eligible Intermediaries. —
“(1) In general. — ^The Secretary shall develop criteria to
select eligible intermediaries, through a coi^etitive process,
to administer assistance under this subtitle. Iiie process shall
include provision for a reasonable administrative fee.
“(2) Priority. — ^With respect to all forms of grants available
under section 253, such criteria shall give priority to applica¬
tions from eligible intermediaries with demonstrated expertise
12 use 4144.
12 use 4145.
or experience with the program established under this title
or under the Emergency l2)w Income Housing Preservation
Act of 1987.
“(3) Criteria. — The criteria developed under this sub¬
section shall —
“(A) not assign any preference or priority to applica¬
tions from eligible intermediaries based on their previous
participation in administering or receiving Federal ^ants
or loans (but may exclude applicants who have failed to
perform under prior contracts of a similar nature);
“(B) require an applicant to prepare a proposal that
demonstrates adequate staffing, qualifications, prior experi¬
ence, and a plan for participation; and
“(C) permit an applicant to serve as the administrator
of assistance made available under section 253(d) or (e),
based on the applicant’s suitability and interest.
“(4) Geographic coverage.— The Secretary may select
more than 1 State or remonal intermediary for a single State
or region. The number of intermediaries chosen for each State
or region may be based on the number of eli|;ible low-income
housing projects in the State or region, provided there is no
duplication of geographic coverage by intermediaries in the
administration of the direct assistance grant program.
“(5) National nonprofit intermediaries.— National non¬
profit intermedi^es shall be selected to administer the assist¬
ance made available under section 253 only with respect to
States or regions for which no other eligible intermediary,
acceptable to the Secretary, has submitted a proposal to
participate.
“(6) Preference. — ^With respect to assistance made avail¬
able under section 254, preference shall be given to eligible
regional. State, and local intermediaries, over national nonprofit
organizations.
“(c) Conflicts of Interest. — Eligible intermediaries selected
imder subsection (b) to disburse assist^ce under section 253 shall
certify that they will serve only as delegated program administra¬
tors, charged with the responsibility for reviewing and approving
^ant applications on behalf of the Secretary. Selected
mtermediaries shall —
“(1) establish appropriate procedures for grant administra¬
tion and fiscal management, pursuant to standards established
by the Secretary; and
“(2) receive a reasonable administrative fee, except that
they may not provide other services to grant recipients writh
respect to projects that are the subject of the want application
and may not receive pa}rment, directly or indirectly, fyom the
proceeds of gremts th^ have approved.
(d) DEmmoN OF Eugible Intermediaries. — For purooses
of this section, the term ‘eligible intermediary’ means a State,
regional, or national organization (including a quasi-public organiza¬
tion) or a State or localhousing agency that —
“(1) has as a central purpose the preservation of existing
anoraable housing and the prevention oi displacement;
“(2) does not receive direct Federal appropriations for
operating support;
“(3) in me case of a national nonprofit organization, has
been in existence for at least 5 years prior to the date of
application and has been classified by the Internal Revenue
Service as an exempt organization under section 501(cX3) of
the Internal Revenue Code of 1986;
**(4) in the case of a regional or State nonprofit organization,
has been in existence for at least 3 years prior to the date
of application and has been classified by the Internal Avenue
Service as an exempt organization under section 501(cX3) of
the Internal Revenue Code of 1986 or is otherwise a tax-
exempt entity;
“(5) has a record of service to low-income individuals or
commimity-based nonprofit housing developers in multiple
commimities and, with respect to intermediaries administermg
assistance under section 253, has experience with the allocation
or administration of ^ant or loan funds; and
**(6) meets standards of fiscal responsibility established by
the Secretary.
3EC. 2S6. DEFINITIONS.
“For purposes of this subtitle —
‘XD the term ‘community-based nonprofit housing devel¬
oper* means a nonprofit community development corporation
that—
“(A) has been classified by the Internal Revenue Serv¬
ice as an exempt organization under section 501(cX3) of
the Internal Revenue Code of 1986;
“(B) has been in existence for at least 2 years prior
to the date of the grant application;
“(C) has a record oi service to low- and moderate-
income people in the community in which the project is
located;
“(D) is organized at the neighborhood, city, county
or multi-county level; and
“(E) in the case of a corporation acquiring eligible
housing under subtitle B of this title, agrees to form a
purchaser entity that conforms to the definition of a
community-based nonprofit organization under such sub¬
title and agrees to use its best efforts to secure majoritv
tenant consent to the acquisition of the project for which
CTant assistance is remiested; and
“(2) the terms ‘eligible low-income housing, ‘nonprofit
organization’, ‘owner*, and ‘resident council* have tne meanings
given such terms in section 229.
SEC. 267. FUNDING.
‘The Secretary shall use not more than $25,000,000 of the
mounts made available under section 234(a) for fiscal year 1993,
nd not more than $25,000,000 of the amounts made available
nder section 234(a) for fiscal year 1994, to carry out this subtitle.
)f any amounts made available to carry out this subtitle in any
ppropriation Act, 90 percent shall be set aside for use in accordance
nth section 253 and 10 percent shall be set aside for use in
ccordance with subsection 254.**.
EC. 313. TRANSITION PROVISIONS.
(a) Effect of Election. — Section 604(a) of the Cranston-Gon-
lez National Affordable Housing Act (12 U.S.C. 4101 note) is
mended by adding at the end the following sentence: “An owner
hat elects to be subject to the provisions of the Emergency Low
12 use 4146.
12 use 4147.
106 STAT. 3770
12 use 4101
note.
Regulations.
12 use 4117
note.
PUBLIC LAW 102-550— OCT. 28, 1992
Income Housing Preservation Act of 1987 shall comply with section
212(b), section 217(aX2), and section 217(c) of the Low-Income Hous¬
ing Preservation and Resident Homeownership Act of 1990.”.
(b) Changes to Provisions of 1987 Acr.-^ection 604(c) of
the Cranston-Gonzalez National Affordable Housing Act (12 U.S.C.
4101 note) is amended by adding at the end the following new
sentence: “With respect to housing for which such an election is
made —
“(1) in making incentives under section 224 of such Act
available to such housing, the Secretary —
“(A) shall, for approvable plans of action, provide assist¬
ance sufficient to enable a nonprofit organization that has
purchased or will purchase an eligible low income housing
project to meet project oversight costs; and
“(B) may not refuse to offer incentives referred^ to in
such section to any owner who filed a notice of intent
under section 222 of such Act before October 15, 1991,
based solely on the date of filing of the plan of action
for the housing; and
“(2) the provisions of section 233(lXA)(i) of such Act shall
not apply, and the term ‘eligible low income housing* shall,
for purposes of such Act, shall include housing financed by
a loan or mortgage that is insured or held by the Secretary
or a State or State agency under section 221(dX3) of the
National Housing Act and receiving loan management assist¬
ance under section 8 of the United States Housing Act^ of
1937 due to a conversion from section 101 of the Housing
and Urban Development Act of 1965.”.
SEC. 314. CONDITIONS OF ASSISTANCE.
(a) Elihpa of 1987. — ^The Secretary may not require, as a
condition of eligibility for or receipt of technical assistance made
available under the Departments of Veterans Affairs and Housing
and Urban Development, and Independent Agencies Appropriations
Act, 1992 (Public Law 102-139) (including any phase of a grant),
that an applicant participate in a training program sponsored or
conducted by the Dejjartment of Housing and Urban Development
for acquisition of eligible low income housing under the provisions
of the Emergency Low Income Housing Preservation Act of 1987,
and may not provide any preference or priority for such assistance
for any applicant based on participation in such a program.
(b) Lihprha of 1990. — The Secretary may require, as a condi¬
tion of eligibility for or receipt of technical assistance made available
under the Departments of Veterans Affairs and Housing and Urban
Development, and Independent Agencies Appropriations Act, 1992
(PubHc Law 102-139) (including any phase of a grant), that an
applicant participate in a training program sponsored or conducted
by the Department of Housing and Urban Development for acquisi¬
tion of eligible low-income housing under this title, and may provide
preference or priority for such assistance for applicants based on
participation in such a program, but only if the program is made
available on a nationwide basis not later than March 1, 1993.
SEC. 315. DELEGATED RESPONSIBIUTY TO STATE AGENCIES.
The Secretary of Housing and Urban Development shall issue
interim regulations implementing section 227 of the Housing and
Community Development Act of 1987 (as amended by section 601(a)
of the Cranston-Gonzalez National Affordable Housing Act) not
106 STAT. 3771
PUBLIC LAW 102-550— OCT. 28, 1992
ber than the expiration of the 30-day period beginning on the
ite of the enactment of this Act, winch shall ti^e effect upon
}uance. The Secretary shall issue final regulations implementing
ch section 227 after notice and opportunity for public comment
gliding the interim regulations, pursuant to the provisions of
ction 553 of title 5, United States Code (notwithstanding sub-
ctions (aX2), (bXB), and (dX3) of such section). The duration
the period for public comment shall not be less than 60 days,
id the final relations shall be issued not later than the expira-
»n of the ^-day period beginning upon the conclusion of the
mment period and shall take effect upon issuance.
:C. 316. INSURANCE FOR SECOND MORTGAGE FINANCING.
(a) Terms. — Section 241(f) of the National Housing Act (12
S.C. 1715z-6(f)) is amended —
(1) in paranaph (2XBXi), by inserting after “equal to”
the following: “the amount of rehabilitation costs required by
the plan of action and related charges and”;
(2) in paragraph (3XB), by ini^rt^ after “1990” the follow¬
ing: “and the amoimt of rehabilitation costs required by the
plan of action and related charges and”;
(3) in paragraph (5)—
(A) by redesignating subparagraph (B) as subpara¬
graph (C); and
(B) by striking subparagraph (A) and inserting the
following new subparagraphs:
“(AXi) in the case of equity loans, have a term not to exceed
' years and amortization provisions which will, to the extent
acticable, support the loan amount authorized under paragraph
XB); and
“(ii) in the case of acquisition loans, have a term of not less
40 years; and
“(B) bear interest at such rate as may be agreed upon by
mortgagor and mortgagee and be secured in such manner
the Secretary may require; and”;
(4) by striking paragraph (6); and
(5) by redesignating paragraphs (7) through (9) as para¬
graphs (6) through (8), respectively.
(b) RENEGOTIATION.---Section 241(0 of the National Housing
;t (12 U.S.C. 17z-6(0) is amended by adding at the end the
[lowing new paragraph:
“(10) The Secretary shcdl renegotiate and modify the terms
an equity loan insured under this subsection, at the request
the owner of the project for which the loan is made, if —
“(1) the loan was made during the period begin^g 30
days before the date of the enactment of the Housing and
Community Development Act of 1992 and ending 90 days after
such date of enactment under this subsection; and
“(2) the loan was made pursuant to a plan of action under
the provisions of the Emergency Low Income Housing Preserva¬
tion Act of 1987 and accepted by the Secretary for processing
in December 1991.”.
(c) Regulations. — ^Not later than the expiration of the 45-
ly period beginning on the date of the enactment of this Act,
e i^retary shall issue regulations implementing section 241(fXl)
the National Housing Act. The regulations shall not be subject
12 use 1715Z-6.
12 use 1715Z-6
note.
106 STAT. 3772
PUBLIC LAW 102-550— OCT. 28, 1992
12 use 4105.
12 use 4106.
12 use 4111.
12 use 4112.
12 use 4119.
12 use 4121.
12 use 4109
note.
to the requirements of subsections (b) and (c) of section 553 of
title 5, United States Code.
SEC. 317. TECHNICAL AMENDMENTS.
(a) Low-Income Housing Preservation and Resident
Homeownership Act of 1990. — ^The Housing and Community
Development Act of 1987 (12 U.S.C. 4101 et seq.) is amended —
(1) in section 215(aX2), by inserting “Housing” after “United
States”;
(2) in section 216(bX4), by striking “exceeds” and inserting
“exceed”;
(3) in the second sentence of section 221(c), by striking
“that” and inserting “than”;
(4) in section 222 —
(A) in subsection (aX2XA), by striking “low income”
and inserting “low-income”;
(B) in subsection (cX2), by striking “an hearing” and
inserting “a hearing”;
(C) in subsection (d)(2XB), by inserting “the” after
“that”; and
(D) in subsection (dX2XC)(ii), by inserting “in” before
“default”;
(5) in section 229(11)(A), by striking “resident” and insert¬
ing “residents”; and
(6) in section 231(b), by striking “section 222(d)” and insert¬
ing “section 222(c)”.
(b) Cranston-Gonzalez National Affordable Housing
Act.— Section 613(bX2) of the Cranston-Gonzalez National Afford¬
able Housing Act (12 U.S.C. 4125(bX2)) is amended by striking
“section 224(e)” and inserting “section 222(d)”.
(c) National Housing Act.— Section 241(f) of the National
Housing Act (12 U.S.C. 1715z-6(f)) is amended —
(1) in paragraph (2XBXii), by striking “and” at the end;
and
(2) in para^aph (7), by striking “acquisiton loan” and
inserting “acquisition loan”.
SEC. 318. STUDY OF PROJECTS ASSISTED UNDER FLEXIBLE SUBSIDY
PROGRAM.
(a) Study. — ^The Secretary shall conduct a study of housing
projects that (1) are assisted under section 236 of the Nationsd
Housing Act or the proviso of section 221(dX5) of such Aict, and
(2) have received or are receiving assistance under section 201
of the Housing and Community Development Amendments of 1978,
to determine the cost of providing such projects with incentives
under the I^w-Income Housing Preservation and Resident
Homeownership Act of 1990. The study shall examine any projects
portions of which assisted under such section 236 that are assisted
primarily by State agencies.
(b) Report. — ^The Secretary shall submit a report to the Con¬
gress regarding any findings and conclusions of the study under
subsection (a) not later than the expiration of the 1-year period
beginning on the date of the enactment of this Act.
PUBLIC LAW 102-550— OCT. 28, 1992 106 STAT. 3773
Subtitle B — Other Preservation Provisions
EC. 331. EUGmiUTY OF PUBUC MORTGAGORS FOR SECTION 236
MORTGAGE INSURANCE.
Section 236(j)(4XA) of the National Housing Act (12 U.S.C.
715z-l(jX4XA)) is amended by striking “private”.
EC. 332. REGULATIONS. 12 USC 4101
Except as otherwise provided in this title, the Secretary of
lousing and Urban Development shall issue interim regulations
nplementing this title and the amendments made by this title
ot later ^an the expiration of the 90-day period beginning on
lie date of the enactment of this Act, which shall take effect
pon issuance. The Secretary shall issue final regulations
nplementing this title and the amendments made by this title
fter notice and opportunity for public comment regarding the
iterim regulations, pursuant to tne provisions of section 553 of
[tie 5, United States Code (notwithstanding subsections (aX2),
iXB), and (dX3) of such section). The duration of the period for
ublic comment shall not be less than 60 days, and the final
egulations shall be issued not later than the expiration of the
0-day period l>^nning upon the conclusion of the comment period
nd shml take efmct upon issuance.
riTLE IV— MULTIFAMILY HOUSING
PLANNING AND INVESTMENT STRATE¬
GIES
EC. 401. DEFINITIONS. 12 USC 1716z-la
For purposes of this title:
(1) Covered multifamily housing property.— The term
“covered multifamily housing property” means any housing —
(A) that is —
(i) reserved for occupancy by very low-income
elderly persons pursuant to section 202(dXl) of the
Housing Act of 1959;
(ii) assisted under the provisions of section 202
of the Housing Act of 1959 (as such section existed
before the effectiveness of the amendment made by
section 801(a) of the Cranston-Gonzalez National
Affordable Housing Act);
(iii) financed by a loan or mortgage insured,
assisted, or held by the Secretary or a State or State
agency under section 236 of the Nationcd Housing Act;
or
(iv) financed by a loan or mortgage insured or
held by the Secret^ pursuant to section 221(dX3)
of the National Housing Act; and
(B) that is not eligible lor assistance under —
(i) the Low-Income Housing Preservation and Resi¬
dent Homeownership Act of 1990;
(ii) the provisions of the Emergency Low Income
Housing Preservation Act of 1987 (as in effect imme-
106 STAT. 3774
PUBLIC LAW 102-550— OCT. 28, 1992
12 use 1715z-la
note.
12 use 1715z-la
note.
diatety before the date of the enactment of the Cran-
ston-(^nzalez National Affordable- Housing Act); or
(iii) the HOME Investment Partnerships Act.
(2) Covered multifamily housing property for the
ELDERLY. — ^The term “covered multifamily housing property for
the elderly” means any multifamily housing project that was
designed or desipiated to serve, or is serving, elderly persons
or families and is assisted under a program administered by
the Secretary.
(3) Secretary. — The term “Secretary” means the Secretary
of Housing and Urban Development.
SEC. 402. REQUIRED SUBMISSION.
(a) In General. — ^The owner of each covered multifamily hous¬
ing property, and the owner of each covered multifamily housing
property for the elderly, shall submit to the Secretary of Housing
and Urban Development a comprehensive needs assessment of the
property under this title.
(b) Timing. — ^The Secretary shall require the owners of ajmrop-
mately one-third of the aggregate number of covered multiiamily
housing properties, and the owners of approximately one-third of
the aggregate number of covered multiiamily housing properties
for the elderly, to submit the comprehensive needs assessments
under this section for the properties in each of fiscal years 1993,
1994, and 1995, in a manner designed to ensure that upon the
conclusion of fiscal year 1995 the assessments for all such properties
have been submitted.
SEC. 403. CONTENTS.
(a) In General.— Each comprehensive needs assessment
submitted under this title for a covered multifamily housing prop¬
erty or a covered multifamily housing property for the elderly
sh^ contain the following information with respect to the property:
(1) A desermtion of any financial or other assistance cur¬
rently needed for the property to ensure that the property
is maintained in a livable condition and to ensure the nnancial
viability of the project.
(2) A description of any financial or other assistance for
the property that, at the time of the assessment, is reasonably
foreseeable as necessai^ to ensure that the property is main¬
tained in a livable condition and to ensure die financial viability
of the project, during the remaining useful life of the property.
(3) A description of any resources available for meeting
the current and future needs of the property described under
paragraphs (1) and (2) and the likelihood of obtaining such
resources.
(4) A description of any assistance needed for the property
under programs administered by the Secretary.
(b) Projects for the Elderly. — ^Each comprehensive needs
assessment for a covered multifamily housing property for the
elderly shall include, in addition to the information required under
subsection (a), the following information with respect to the
property:
(1) A description of the supportive service needs of such
residents and any supportive services provided to elderly resi¬
dents of the property.
(2) A description of any modernization needs and activities
for the property.
12 use 1715z-la
note.
Xl. 404. SUBMISSION AND REVIEW.
(a) Form. — ^The Secretaiv shall establish the form and manner
submission of the comprehensive needs assessments under this
de.
(b) Resident Review. — ^The Secretary shall require each owner
a covered multifamily^ housing property and each owner of a
vered multifamily housing property for the elderly to make avail-
>le to the residents of the property the comprehensive needs
isessment that is to be submitted to the Secretajr^. Tlie Secretai^
tall require each owner to provide for such residents to subnut
mments and opinions regarding the assessment to the owner
sfore the submission of the assessment.
(c) State Housing Finance Agency Review.-— To the extent
lat a covered multifamily housing proj^rty or a covered multifam-
I housing property for the elderly is mianced or assisted by
State housing finance agency (as such term is defined in section
)2 of the Housing and Community Development Act of 1974),
e Secretary shall reouire the owner of the property to submit
.e comprehensive neeos assessment for the property to tihe State
>using finance agency upon submitting the assessment to the
jcretaiy.
(d) Review. — ^The Secretary shcdl review each comprehensive
»eds assessment and shall approve the assessment before the
ipiration of the 90-day period Manning upon the receipt of the
isessment, unless the S^retary determmes that the assessment
IS not been provided in a substantially complete manner.
(e) Cost of Preparation of Strategy.— The Secretary shall
nsider any costs relating to preparing a comprehensive needs
isessment imder this title for a covered multifamily housing prop-
ty that do not exceed $5,000 for the property as an ehgible
'oject expense for the property. The Secretary shall provide that
owner may not increase the rental charge for any unit in
covered multifamily housing property to provide for the cost
preparing a comprehensive needs assessment.
(f) Notice. — ^Tne Secretary shcdl immediately notify each owner
ibinitting a comprehensive needs assessment (and any State hous-
g finance agency to which the owner has submitted an assessment
ider subsection (d)) of the approval or disapproval of the assess-
ent upon making such determination. Within 30 days after dis-
iproving any assessment, the Secretary shall inform the owner
. writing of the reasons for disapproval. The Secretary shall require
ly owner whose assessment is disapproved to resubmit an
nended assessment not later than 30 days after the owner receives
le notice of disapproval.
(g) Annual IteviEw and Report of Funding and Targeting
)r (jovered Multifamily Properties for the Elderly.—
(1) Review. — ^The Secretary shall annually conduct a com¬
prehensive review of—
(A) the funding levels required to fully address the
needs of covered multifamily nousing properties for the
elderly identified in the comprehensive nee^ assessments
under section 403(b), specifi<^ly identifying aiw expenses
necessary to make substantial repairs and aud features
(such as congregate dining facilities and commercied Idtch-
ens) resulting ^m development of a property in compliance
106 STAT. 3776
PUBLIC LAW 102-550— OCT. 28, 1992
with cost-containment requirements established by the
Secretary;
(B) the adequacy of the geonaphic targeting of
resources provided under programs of the Department with
respect to covered multifamily housing properties for ^e
elderly, based on information acquired pursuant to section
403(b); and
(C) local housing markets throughout the United
States, with respect to the need, availability, ^d cost
of housing for elderly persons and families, which shcdl
include review of any information and plans relating to
housing for elderly persons and families included in com¬
prehensive housing affordability strategies submitted by
jurisdictions pursuant to section 105 of the Cranston-CSron-
zalez National Affordable Housing Act.
(2) Report. — ^The Secretary of Housing and Urban Develop¬
ment shall submit a report to the Congress annually describing
the results of the annual comprehensive needs assessments
under section 402 for covered multifamily housing properties
for the elderly and the annual review conducted under para¬
graph (1) of mis subsection, which shall contain a description
of tne methods used by project owners and by the Secretary
to acquire the information described in section 402(b) and any
findings and recommendations of the Secretary pursuant to
the review.
SEC. 406. TROUBLED MULTIFAMILY HOUSING.
(a) Mandatory Elements.— Section 201(d) of the Housing and
Community Development Amendments of 1978 (12 U.S.C. 17152s—
la(d)) is amended —
(1) in paragraph (5), by striking “and”;
(2) in paragraph (6), by striking the period and inserting
a semicolon; and
(3) by adding at the end the following new paragraphs:
“(7) ml reasonable attempts have been made to t^e all
appropriate actions and provide suitable housing for project
residents;
“(8) the project has a feasible plan to involve the residents
in project decisions;
“(9) the affirmative fair housing marketing plan meets
applicable requirements; and
“(10) the owner certifies that it will comply with various
equal opportunity statutes.”.
(b) Selection Criteria.—
(1) Repeal of section 20i(kX4).— Section 201(kX4) of the
Housing and Community Development Amendments of 1978
(12 U.S.C. 1715z-la0cX4)) is repealed.
(2) New criteria. — Section 201 of the Housing and
Conununity Development Amendments of 1978 is amended by
adding at me end the following new subsection:
“(nXl) The Secretaiy shall award assistance imder this section
to eligible projects on the basis of the following selection criteria:
“(A) The extent to which the project presents an imminent
threat to the life, health, and safety of project residents.
“(B) The extent to which the project is financially troubled.
“(C) The extent of physical improvements needed by the
project as evidenced by the comprehensive needs assessment
106 STAT. 3777
PUBLIC LAW 102-550— OCT. 28, 1992
submitted in accordance with title IV of the Housing and
Commun^ Development Act of 1992.
“(D) The extent to which there is evidence that there will
be significant opportunities for residents (including a resident
council or resident management corporation, as appropriate)
to be involved in management of the project (except that this
paragraph shall have no application to projects that are owmed
as cooperatives).
“(E) The extent to which there is evidence that the project
owner has provided competent management and complied with
all regulatory and administrative instructions (including such
instructions with respect to the comprehensive servicing of
multifamily projects as the Secretary may issue).
“(F) Such other criteria as the Secretary may specify by
regulation or in a Federal Register notice of fund availability.
“(2) Eligible projects that have federally insured mortgages
in force are to he selected for award of assistance under this
section before any other elimble project.”.
(c) Low-Income affordabiuty Restrictions.— Section
201(1X2XD) of the Housing and Community Development Amend¬
ments of 1978 U2 U.S.C. 1715z-la(lX2XD)) is amended by adding
at the end the following: “The Secretary may require owners receiv¬
ing assistance for capital improvements under this ^ction to retain
the housing as housing anordahle for very low-income families
or persons, low-income families or persons and moderate-income
families or persons for the remaining useful life of the housing.
For purposes of this section, the term remaining useful life’ means,
with respect to housing assisted imder this section, the period
during which the physical characteristics of the housinj^ remain
in a condition suitable for occupancy, assuming normcd maintenance
and repairs are made and major systems and capital components
are replaced as becomes necessary.”.
(d) Exclusivity of Assistance.— Section 201 of the Housing
and Community Development Amendments of 1978, as amended
by this section, is further amended by adding at the end the
following new subsection:
“(o) Projects receiving assistance under this section are not
eligible for prepayment incentives under the Emergency Low-
Income Housing Preservation Act of 1987 or the Low-Income Hous¬
ing Preservation and Resident Homeownership Act of 1990. Projects
receiving financial assistance under such Acts are not eligible for
assistance under this section.”.
(e) Owner Contributions.— Section 201(kX2) of the Housing
and Community Development Amendments of 1978 is amended —
(1) in subparagraph (B), bv striking “and”;
(2) in subparagraph ((1), by striking the period and insert¬
ing “; and”; and
(3) by adding at the end the following new subparagraph:
n[D) the Secretary shall give owmers credit for advances
made to the project during a 3-year period prior to the
application for assistance.”.
(f) Coordination of Assistance.— Section 201 of the Housing
and (Community Development Amendments of 1978, as amended
by this section, is further amended by adding at the end the
following new subsection:
“(p) The Secretary shcdl coordinate the allocation of assistance
under this section with assistance made available under section
i6 STAT. 3778
PUBLIC LAW 102-550— OCT. 28, 1992
8(v) of the United States Housing Act of 1937 and section 203
of tliis Act to enhance the cost effectiveness of the Federal response
to troubled multiftai^y housing.”.
SEC. 406. FLEXIBLE SUBSIDY PROGRAM.
Section 201(dX6) of the Housing and Community Development
Amendments of 1978 (12 U.S.C. 1715z-la(dX6)) is amended by
inserting before the period at the end the following: and except
that the Secretary shall review and approve or disapprove each
plan not later than the expiration of the 30-day j^riod beginning
upon the date of submission of the plan to the Secretary by the
owner, but if the Secretary fails to inform the owner of approval
or disapproval of the plan within such period the plan snail be
considered to have been approved”.
SEC. 407. CAPACITY STUDY.
Section ll(Ka) of the Cranston-Gonzalez National Affordable
Housing Act (42 U.S.C. 1271(Ka)) is amended —
(1) by striking and”; and
(2) by striking the period at the end and inserting the
following: and tne ability to respond to areas identified as
‘materim weaknesses’ by tne Office of the Inspector General
in l^ancial audits or other reports.”.
SEC. 408. FLEXIBLE SUBSIDY PROGRAM.
(a) Authorization of Appropriations.— Section 201(jX5) of
the Housing and Community Development Amendments of 1978
(12 U.S.C. 1715z-la(iX5)) is amended to read as follows:
“(5) There is authorized to be appropriated for assistance under
the flexible subsidy fimd not to exceed $52,200,000 for fiscsd year
1993 and $54,392,400 for fiscal year 1994.”.
(b) Use of Section 236 Imjntal Assistance Fund Amounts
FOR Flexible Subsidy Payments.— Section 236(fX3) of the National
12 use 1715Z-1. Housing Act (12 U.S.C. 1715z-la(fX3)) is amended by striking
“September 30, 1992” and inserting “l^ptember 30, 1994”.
TITLE V— MORTGAGE INSURANCE AND
SECONDARY MORTGAGE MARKET
Subtitle A — ^FHA Mortgage Insurance
Programs
sec. 501. LIMITATION ON INSURANCE AUTHORITY.
Section 531(b) of the National Housing Act (12 U.S.C. 1735f-
9(b)) is amended to read as follows:
“(b) Notwithstanding any other provision of law and subject
only to the absence of qualified requests for insurance, to the
authority provided in this Act, and to the limitation in subsection
(a), the Secretary shall enter into commitments to insure mortgages
under this Act with an aggregate principal amount of
$65,905,824,960 during fiscal year 1993 and $68,673,868,600 during
fisc^ year 1994.”.
SEC. 602. FEDERAL HOUSING ADMINISTRATION ADVISORY BOARD.
Section 202(b) of the National Housing Act (12 U.S.C. 1708(b))
is amended by adding at the end the fmlowing new paragraph:
^ v/<
V/V^X« MW)
xvv kjxnix. ui I «7
"(11) The Board shall terminate on January 1, 1995.”.
503. MAXIMUM MORTGAGE AMOUNT.
(a) In General. — The first sentence of section 203(bK2) of
National Housing Act (12 U.S.C. 1709(bK2)) is sunended to
as follows: “Involve a principal obligation (including such initial
ice charges, appraisal, inspection, and other fees as the Sec-
ry shall approve) in an amount —
“(A) not to exceed the lesser of—
“(i) in the case of a 1-family residence, 96 percent
of the median 1-family house price in the area, as deter¬
mined by the Secretary; in the case of a 2-family residence,
107 percent of such median price; in the case of a 3-
family residence, 130 percent of such median price; or
in the case of a 4-family residence, 150 percent of such
median price; or
“(ii) 75 percent of the dollar amount limitation deter¬
mined imder section 305(aX2) of the Federal Home Loan
Mortgage Corporation Act (as in effect on September 30,
1992) for a residence of the applicable size;
except that the applicable dollar amount limitation in effect
for anv area under this subparagraph (A) may not be less
than the dollar amount limitation in effect under this section
for the area on May 12, 1992; and
“(B) except as otherwise provided in this paragraph (2),
not to exceed an amoimt equal to the sum of —
“(i) 97 percent of $25,000 of the appraised value of
the property, as of the date the mortgage is accepted for
insurance;
“(ii) 95 percent of such value in excess of $25,000
but not in excess of $125,000; and
“(iii) 90 percent of such value in excess of $126,000.”.
(b) Applicability. — ^The amendment made by subsection (a)
I apply only to mortgages executed on or after January 1,
t.
(c) Conforming Amendments.—
(1) Title i — ^LOANS. — Notwithstanding any other provision
of law, section 2(bXl) of the National Housing Act (12 U.S.C.
1703(b)(1)) is amended by striking subparagraphs (C), (D), and
E) and inserting the following new subparagraphs:
“(C) $48,600 if made for the purpose of financing the
purchase of a manufactured home;
“(D) $64,800 if made for the purpose of financing the
purchase of a manufactured home and a suitably developed
lot on which to place the home; and
“(E) $16,200 if made for the piumose of financing the
purchase, by an owner of a manufactured home which
is the principal residence of that owner, of a suitably devel¬
oped lot on which to place that manufactured home, and
if the owner certifies that he or she will place the manufac¬
tured home on the lot acquired with such loan within
6 months after the date of such loan.”.
(2) Home equity conversion mortgages for elderly
HOMEOWNERS.— Section 256(g) of the National Housing Act (12
U.S.C. 1716z-20(g)) is amended by striking “for a 1-family
residence” and inserting “for 1-family residences in the area
12 use 1709
note.
106 STAT. 3780
PUBLIC LAW 102-550— OCT. 28, 1992
Reports.
in which the dwelling subject to the mortgage under this section
is located”.
(3) RTC AFFORDABLE HOUSING PROGRAM.— Subparagraphs
(DXii) and (GXII) of section 21A(cX9) of the Federal Home
Loan Bank Act (12 U.S.C. 1441a(cX9)) are each amended by
striking 'ihe applicable dollar amount” and all that follows
through “areasr and inserting the following: “$67,600 in the
case of a 1-family residence, $76,000 in the case of a 2-family
residence, $92,000 in the case of a 3-family residence, and
$107,000 in the case of a 4-family residence”.
(4) FDIC AFFORDABLE HOUSING PROGRAM.— Paragraphs
(4XB) and (7XB) of section 40(p) of the Federal Deposit Insur¬
ance Act (12 U.S.C. 1831q(p)) are each amended to read as
follows:
“(B) that has an appraised value that does not exceed
the amoimt provided in section 203(bX2XA) of the National
Housing Act except that such amount shall not exceed
$101,250 in (he case of a 1-family residence, $114,000
in the case of a 2-family residence, $138,000 in the case
of a S'family residence, and $160,000 in the case of a
4-family residence.”
(d) GAO Study on FHA Loan Limits and GSE Conforming
Loan Limits.—
(1) In general. — ^The Comptroller General of the United
States shall submit to the Congress, on or before September
1, 1993, a report which evaluates the methodology used to
establish the annual conforming loan limits for the secondary
market, pursuant to section 305(aX2) of the Federal Home
Loan Mortgage Corporation Act, as well as the loan limits
adjustments utilized under the single family mortgage insur¬
ance program under section 203 of the National Housing Act.
(2) Contents. — ^The report shall —
(A) evaluate the methodology used to determine the
anm^ adjustment to the conforming loan limit, including
the accuracy of using the Mortgage Interest Rate Survey
(MIRS) in determining the mecuan home sales price each
year;
(B) recommend any legislative or administrative
changes to ensure that the conforming loan limits
accurately reflect market dynamics;
(C) assess the long-term consequences of indexing the
mortgage limits utilized under the FHA section 203(b) sin¬
gle family mortgage insurance program to the annual
adjustments to the conforming loan limits for the secondary
market;
(D) assess the impact of such annual adjustments on
the ability of the FHA. single family insurance program
to serve low and moderate income borrowers; and
(E) recommend alternative measures that could be
employed to ensure that FHA can meet the needs of low
and moderate income families in low and high cost areas
of the country.
SEC. 504. FHA ANNUAL REPORT.
Section 203 of the National Housing Act (12 U.S.C. 1709)
is amended by adding at the end the following:
106 STAT. 3781
PUBLIC LAW 102-550— OCT. 28, 1992
“(v) Annual Report. — ^The Secretary of Housing and Urban
development shall submit to the Congress an annual report on
le single family mortgage insurance program under this section,
lach report shall set forth —
“(1) an analysis of the income groups served by the single
family insiurance program, including —
“(A) the percentage of borrowers whose incomes do
not exceed 100 percent of the median income for the area;
"(B) the percentage of borrowers whose incomes do
not exceed 80 percent of the median income for the area;
and
“(C) the percentage of borrowers whose incomes do
not exceed 60 percent of the median income for the area;
“(2) an analysis of the percentage of minority borrowers
annually assisted by the program; the percentage of central
city borrowers assisted and the percentage of rural borrowers
assisted by the program;
“(3) the extent to which the Secretary in carrying out
the proCTam has employed methods to ensure that needs of
low and moderate income families, underserved areas, and
historically disadvantaged groups are served by the program;
and
“(4) the current impediments to having the program serve
low and moderate income borrowers; borrowers from central
city areas; borrowers from rural areas; and minority borrowers.
BC. SOS. MAXIMUM PRINCIPAL OBLIGATION OF MORTGAGES FOR
VETERANS.
(a) In General. — ^The first sentence of the last undesignated
ara^aph of section 203(bX2) of the National Housing Act (12
^S.C. i709(bX2)) is amended by striking “Notwithstanding anv
bher provision of this para^aph,” and inserting “Except with
aspect to mortgages executed by mortgagors who are veterans,”.
(b) Technical Amendment.— Section 203(bX9) of the National
[ousing Act (12 U.S.C. 1709(b)(9)) is amended by striking “(except
1 a case to which the next to the last sentence of paragraph
1) applies)” and inserting “(except with respect to a mortgage
icecuted by a mortgagor who is a veteran)”.
EC. 506. prepurchase COUNSELING REQUIREMENT.
(a) In General. — Section 203(bX2) of the National Housing
.ct (12 U.S.C. 1709(bX2)) is amended by inserting at the end
le following new undesignated paragraph:
“Notwithstanding an^ other provision of this paragraph,
the Secretary may not insure, or enter into a commitment
to insure, a mortgage under this section that is executed by
a first-time homebuyer and that involves a principal obligation
(including such initial service charges, appraisal, inspection,
and other fees as the Secretary shall approve) in excess of
97 percent of the appraised value of tlie property unless the
mortgagor has completed a program of counseling with respect
to the responsibilities and financial management involved in
homeownership that is approved b^ the Secretary; except that
the Secreta^ discretion of the Secretary, waive
the applicability oi this requirement.”.
(b) Effective Date. — ^The amendment made by subsection (a)
ball apply to mortgages for which commitments for insurance
12 use 1709
note.
106 STAT. 3782
PUBLIC LAW 102-550— OCT. 28, 1992
12 use 1711
note.
are issued after the expiration of the 12-month period beginning
on the date of the enactment of this Act.
SEC. 607. AUTHORITY TO DECREASE INSURANCE PREMIUM CHARGES.
(a) Permanent Provisions. — Section 203(cX2) of the National
Housing Act (12 U.S.C. 1709(cX2)) is amended —
(1) in subparagraph (A), by striking “equal to” and inserting
“not exceeding; and
(2) in subparagraph (B) —
(A) in the matter preceding clause (i), by striking “equal
to” and inserting “not exceeding^; and
(B) in clause (ii), by stril^g “equal to 0.55 percent”
and inserting “not exceeding 0.55 percent”.
(b) Transition Provisions. — Section 2103(b) of the Omnibus
Budget Reconciliation Act of 1990 (12 U.S.C. 1709 note) is
amended —
(1) in paragraph (1) —
(A) in subpara^aph (A), by striking “equal to” and
inserting “not exceeding; and
(B) in subparagraph (B), in the matter preceding clause
(1) , by striking “equal to” and inserting “not exceeding”;
and
(2) in paragraph (2) —
(A) in subparagraph (A), by striking “equal to” and
inserting “not exceeding; and
(B) in subparagraph (B), in the matter preceding clause
(i), by striking “equal to” and inserting “not exceeding”.
SEC. 608. STATUTE OF LIMITATIONS ON PAYMENT OF DISTTUBUTIVE
SHARES.
(a) Distribution op Shares.— Section 205(c) of the National
Housing Act (12 U.S.C. 1711(c)) is amended by adding at the
end the following two new sentences: “The Secreta^ shall not
distribute any share to an eligible mortgagor under this subsection
beginning on the date which is 6 years after the date the Secretary
first transmitted written notification of eligibility to the last known
address of the mortgagor, unless the mortgagor has applied in
accordance with procedures prescribed by the Secretary for payment
of the share within the 6-year period. Tlie Secretary shall transfer
any amounts no longer eligible for distribution under the previous
sentence from the Participating Reserve Account to the Gleneral
Surplus Account.”.
(b) Exception. — Notwithstanding the 6-year limitation on dis¬
tribution of shares of the Participating Reserve Account under
section 205(c) of the National Housing Act, the Secretary shall
distribute a share to an otherwise eligime mortgagor in accordance
with section 205(c), if the mortgagor applies for payment of the
share within 1 year after the date of enactment of this Act in
accordance with procedures in effect on such date.
SEC. 609. MORTGAGE LIMITS FOR MULTIFAMILY PROJECTS.
(a) Section 207 Limits.— Section 207(cX3) of the National
Housing Act (12 U.S.C. 1713(cX3)) is amended—
(1) by striking “$25,350”, “$28,080”, “$33,540”, “$41,340”,
and “$46,800” and inserting “$30,420”, “$33,696”, “$40,248”,
“$49,608”, and “$59,160”, respectively; and
and and inserting “$35,100”, “$39,312”, “$48,204”.
“$60,372”, and “$68,262”, respectively.
(b) Section 213 Limits.— Section 213(bX2) of the National
ising Act (12 U.S.C. 1716e(bK2)) is amended —
(1) by striking “$25,360”, “$28,080”, “$33,640”, “$41,340”,
and “$46,800” and inserting “$30,420”, “$33,696”, “$40,248”.
“$49,608”, and “$59,160”, respectively; and
(2) by striking “$29,260’’, “$32,760”, “$40,170”, “$60,310”,
and “$66,886” and inserting “$36,100”, “$39,312”, “$48,204”,
“$60,372”, and “$68,262”, respectively.
(c) Section 220 Limits.— Section 220(dX3)(B)(iii) of the
bional Housing Act (12 U.S.C. 1716k(dX3XBXiii)) is amended —
(1) by striking “$26,360”, “$28,080”, “$33,640”, “$41,340”,
and “$46,800” and inserting “$30,420”, “$33,696”, “$40,248”,
“$49,608”, and “$69,160”, respectively; and
(2) by striking “$29,250’’, “$32,760”, “$40,170”, “$60,310”,
and “$66,886” and inserting “$35,100”, “$39,312”, “$48,204”,
“$60,372”, and “$68,262”, respectively.
(d) Section 221(dX3) Limits.— Section 221(dX3Xii) of the
:ional Housing Act (12 U.S.C. 17151(dX3Xii)) is amended by
king “$28,032”, “$32,321”, “$38,979”, “$49,893”, “$56,583’’,
9,600”, “$33,816”, “$41,120”, “$63,195”, and “$68,392” and insert-
“$33,638”, “$38,786”, “$46,775”, “$69,872”, “$66,700”, “$36,400”,
0,579”, “$49,344”, “$63,834”, and “$70,070”, respectively.
(e) Section 221(dX4) Limits.— Section 221(dX4Xu) of the
:ional Housing Act (12 U.S.C. 17161(dX4Xii)) is amended by
king “$26,228”, “$28,636”, “$34,613”, “$43,446”, “$49,231’’,
,251”, “$31,239”, “$37,986”, “$49,140”, and “$53,942” and insert-
“$30,274”, “$34,363”, “$41,636”, “$52,136”, “$59,077”, “$32,701”,
7,487”, “$45,683”, “$68,968”, and “$64,730”, respectively.
(f) Section 231 Limits. — Section 231(cX2) of tne National Hous-
Act (12 U.S.C. 1715v(cX2)) is amended —
(1) by striking “$23,986”, “$26,813”, “$32,019”, “$38,632”,
and “$46,300” and inserting “$28,782”, “$32,176”, “$38,423”,
“$46,238”, and “$54,360”, respectively; and
(2) by striking “$27,26l’’, “$31,239”, “$37,986”, “$49,140”,
and “$53,942” and inserting “$32,701”, “$37,487”, “$45,583”,
“$58,968”, and “$64,730”, respectively.
(g) Section 234 Limits.— Section 234(eX3) of the National
ismg Act (12 U.S.C. 1715y(eX3)) is amended —
(1) by striking “$25,350”, “$28,080”, “$33,640”, “$41,340”,
and “$46,800” and inserting “$30,420”, “$33,696”, “$40,248”,
“$49,608”, and “$59,160”, respectively; and
(2) by striking “$29,250’’, “$32,760”, “$40,170”, “$50,310”,
and “$66,885” and inserting “$35,100”, “$39,312”, “$48,204”,
“$60,372”, and “$68,262”, respectively.
(h) Regulations. — ^The Secretary of Housing and Urban Devel>
lent shall issue regi^ations necessary to carry out the amend-
nts made by subsections (a) through (g), which shall take effect
later than the expiration of the 1-year period beginning on
date of the enactment of this Act.
(i) Conforming Amendments.— Clauses (iXH) and (iiXII) of
tion 21A(cX9XE) of the Federal Home Loan Bank Act (12 U.S.C.
lla(cX9XE)) are each amended by striking “the applicable dollar
ount” and all that follows through “areas)” ana inserting the
owing: “, for such part of the property as may be attributable
12 use 1715Z.
12 use 1713
note.
106 STAT. 3784 PUBLIC LAW 102-550— OCT. 28, 1992
to dwelling use (excluding exterior land improvements), $29,500
per family unit without a bedroom, $33,816 per family unit with
1 bedroom, $41,120 per family unit with 2 bedrooms, $53,195 ^r
family unit with 3 bedrooms, and $58,392 per family unit with
4 or more bedrooms”.
SEC. SIO. INSURANCE OF LOANS FOR OPERATING LOSSES OF MULTI¬
FAMILY PROJECTS.
Section 223(d) of the National Housing Act (12 U.S.C. 1715n(d))
is amended by adding at the end the following new paragraph:
“(6) In determining the amount of an operating loss loan to
be insured pursuant to this subsection, the Secretary shall not
reduce such amount solely to reflect any amounts placed in escrow
(at the time the existing project mortgage was insured) for initial
operating deficits. If an operating loss loan was insured by the
j^cretary pursuant to this subsection before the date of the enact¬
ment of the Housing and Community Development Act of 1992
and was reduced solely to reflect the amount placed in escrow
for initial operating deficits, the Secretary shall insure, to the
extent of the availability of insurance authority provided in appro¬
priation Acts, an increase in the existing loan or a separate loan,
in an amount equal to the lesser of (A) the maximum amount
permitted under this subsection and the applicable underwriting
requirements established by the Secretary and in effect at the
time the loan is to be made, or (B) the amount of the escrow
for initial operating deficits.”.
SEC. 611. EUGmiUTY OF ASSISTED LIVING FACILITIES FOR MORT¬
GAGE INSURANCE UNDER SECTION 232.
(a) Purpose. — Section 232(a) of the National Housing Act (12
U.S.C. 1715w(a)) is amended —
(1) in the matter preceding paragraph (1), by striking
“either” and inserting “any”; and
(2) by adding at the end the following new paragraph:
“(3) The development of assisted living facilities for the
care of frail elderly persons.”.
(b) DEFlNlTlONS.-^ection 232(b) of the National Housing Act
(12 U.S.C. 1715w(b)) is amended —
(1) in paragraph (4), by striking “and” at the end;
(2) in paragraph (5), by strudng the period at the end
and inserting a semicolon; and
(3) bv adding at the end the following new para^aphs:
“(6) the term ‘assisted living facility* means a puDlic facility,
proprietary facility, or facility of a private nonprofit corporation
thatr—
“(A) is licensed and regulated by the State (or if there
is no State law providing for such licensing and regulation
by the State, by the municipality or other political subdivi¬
sion in which the facility is locat^);
“(B) makes available to residents supportive services
to assist the residents in carrying out activities of daily
living, such as bathing, dressing, eating, getting in and
out of bed or chairs, walking, going outdoors, using the
toilet, laundry, home management, preparing meals, shop¬
ping for personal items, obtaining and taking medication,
managing money, using the telephone, or performing light
or heavy housework, and which may m^e availtmle to
PUBLIC LAW 102-550— OCT. 28, 1992
106 STAT. 3785
residents home health care services, such as nursing and
therapy; and
“(C) provides separate dwelling units for residents,
each of which may contain a full Idtchen and bathroom,
and which includes common rooms and other facilities
appropriate for the provision of supportive services to the
residents of the facility; and
“(7) the term Trail elderly person’ has the meaning given
tie term in section 802(k) of the Cranston-Gonzalez National
ifordable Housing Act.”.
:) Mortgage Requirements.— Section 232(d) of the National
ing Act (12 U.S.C. 1715w(d)) is amended —
(1) in the matter preceding paragraph (1) —
(A) by inserting assisted living facility,” before “or
intermediate care facility”;
(B) by striking “combined nursing home and intermedi¬
ate care facility^’ and inserting “any combination of nursing
home, assisted living facility, and intermediate care facil¬
ity”; and
(C) by inserting after “intermediate care facility” the
first place it appears the following: “, including a new
addition to an existing nursing home, assisted living facil¬
ity, or intermediate care facility and regardless of whether
the existing home or facility is being rehabilitated,”;
(2) in paragraph (2), in the matter preceding subparagraph
\), by inserting “or 96 percent of the estimated value of the
roperty or project in the case of a mortgagor that is a private
onprofit corporation or association (under the meaning given
uch term for purposes of section 221(dX3) of this Act),” l^fore
including”;
(3) in paragraph (3), by adding at the end the following:
The Secretary shall not promulgate regulations or establish
Bims or conditions that interfere with the ability of the mortga-
or and mortgagee to determine the interest rate; and
(4) in paragraph (4), by adding at the end the following
ew subparagraph:
“(C) With respect to assisted living facilities or any such
icility combined with any other home or facility, the Secretary
all not insure any mortgage under this section unless —
“(i) the Secretary determines that the level of financing
acquired by the mortgagor and any other resources avail¬
able for the facility will be sufficient to ensure that the
facility contains dwelling units and facilities for the provi¬
sion of supp>ortive services in accordance with subsection
(bK6);
“(ii) the mortgagor provides assurances satisfactory to
the Secretary that each dwelling unit in the facility will
not be occupied by more than 1 person without the consent
of all such occupants; and
“(iii) the appropriate State licensing agency for the
State, municipality, or other political sul^vision in which
the facility is or is to be located provides such assurances
as the Secretary considers necessary that the facility will
comply with any applicable standards and requirements
for such facilities.”.
106 STAT. 3786
PUBLIC LAW 102-550—007. 28, 1992
Reports.
Regulations.
12 use
1735f-12.
42 use 12712
note.
(d) Fere Safety Equipment. — Section 232(iXl) of the National
Housing' Act (12 U.S.C. 1715w(iXl)) is amended by inserting
assisted living facilities,” after “nursing homes”.
(e) Administration. — Section 232 of the National Housing Act
(12 U.S.C. 1715w) is amended by adding at the end the following
new subsection:
“(j) The Secretary shall establish schedules and deadlines for
the processing and approval (or provision of notice of disapproval)
of applications for mortgage instirance under this section. The Sec¬
rets^ shall submit a report to the Congress annually describing
such schedules and deadlines and the extent of compliance by
the Department with the schedules and deadlines during the year.”.
(f) Authority To Insure Refinancing.— Section 223(f) of the
National Housing Act (12 U.S.C. 1715n(f)) is amended by inserting
“existing assisted living facility,” after “existing nursing home,”
each place it appears.
SEC. S12. EXPEDITING INSURANCE FOR ACQUISITION OF RESOLU¬
TION TRUST CORPORATION PROPERTY.
(a) In General. — Section 634 of the National Housing Act
(12 U.S.C. 1735f-12) is amended—
(1) by inserting “(a) State Offices. — after “534.”; and
(2) by adding at the end the following new subsection:
“(b) Expedited Procedure for RTC Properties.— To assist
the Resolution Trust Corporation in disposing of the property to
which it acquires title and to ensure the timely processing of
applications for insurance of loans and mortgages under this Act
that will be used to purchase multifamily residential property from
the Resolution Trust Corporation, the Secretary shall establish
an expedited procedure for considering such applications.”.
(b) Implementation. — ^The procedure referred to in the amend¬
ment made by subsection (a) shall be established through interim
Md final regulations issued by the Secretary. The Secretary shall
issue interim relations implementing the procedure not later
than the expiration of the 90-day period beginning on the date
of the enactment of this Act, which shall be effective upon issuance.
The Secretary shall issue final regulations after notice and oppor¬
tunity for public comment pursuant to the provisions of section
563 of title 5, United States Code (notwithstanding subsections
(aX2), (bXB), and (dX3) of such section).
SEC. 613. ENERGY EFFICIENT MORTGAGES PILOT PROGRAM.
(a) Estabushment OP Pilot Program.—
(1) In general. — ^Not later than 6 months after the date
of enactment of this Act, the Secretary of Housing and Urban
Development (hereafter referred to as the “Secretary”) shall
establish Em energy efficient mortgage pilot program in 5 States,
to promote the purchase of existing energy efficient residential
buddings Eind the installation of cost-effective improvements
in existing residential buildings.
(2) Pilot program.— The pilot pro^am established under
this subsection shfiill include the following criteria, where
applicable:
(A) OmGDlATiON. — ^The lender shfiill originate a housing
lofiin that is insured under title II of the National Housing
Art m nrmrrlanno unfL ttia onnliooKI
PUBLIC LAW 102-550— OCT. 28, 1992
106 STAT. 3787
(B) Approval. — The mortgagor’s base loan application
shall approved if the mortgagor’s income and credit
record is found to be satisfactory.
(C) Cost op improvements. — ^The cost of cost-effective
energy efficiency improvements shall not exceed the greater
of—
(i) 5 percent of the property value (not to exceed
$8,000); or
(ii) $4,000.
(3) Authority for mortgagees. — ^In granting mortgages
under the pilot program established pursuant to this subsection,
the ^cretary shall grant mortgagees the authority —
(A) to permit the fmad loan amount to exceed the
loan limits established under title II of the National Hous¬
ing Act by an amount not to exceed 100 percent of the
cost of the cost-effective energy efficiency improvements,
if the mortgagor’s request to add the cost of such improve¬
ments is received by the mortgagee prior to funding of
the base loan;
(B) to hold in escrow all funds provided to the mortga¬
gor to undertake the energy efficiencv improvements until
the efficiency improvements are actually installed; and
(C) to transfer or sell the energy efficient mortgage
to the appropriate secondary market agency, after the mort¬
gage is issued, but before the energy efficiency improve¬
ments are actually installed.
(4) Promotion of pilot program.— The Secretary shall
encourage participation in the energy efficient mortgage pilot
program by —
(A) making available information to lending agencies
and other appropriate authorities regarding the availability
and benefits of energy efficient mortgages;
(B) requiring mortgagees and designated lending
authorities to provide written notice of the availability
and benefits of the pilot program to mortgagors applying
for financing in those States designated by the Secretary
as participating under the pilot program; and
(C) requiring each applicant for a mortgage insured
under title II of the National Housing Act in those States
participating under the pilot program to sign a statement
that such applicant has been informed of the program
requirements and understands the benefits of energy effi¬
cient mortgages.
(5) Training program. — Not later than 9 months after Establishment,
the date of enactment of this Act, the Secretary, in consultation
with the Secretary of Energy, shall establish and implement
a program for training personnel at relevant lending agencies,
real estate companies, and other appropriate organizations
regarding the benefits of energy efficient mortgages and the
operation of the pilot program under this subsection.
(6) Report. — Not later than 18 months after the date of
enactment of this Act, the Secretary shall pre^re and submit
a report to the Congress describing the effectiveness and
implementation of the energy efficient mortgage pilot program
as described under this subsection, and assessing the p>otential
for expanding the pilot program nationwide.
106 STAT. 3788
PUBLIC LAW 102-550— OCT. 28, 1992
Reports.
(b) Expansion of Program. — ^Not later than the expiration
of the 2>year period beginning on the date of the implementation
of the energy efficient mortgage pilot program under this section,
the Secretary of Housing and Urban Development shall expand
the pilot program on a nationwide basis and shall expand the
program to include new residential housing, unless the Secretary
determines that either such expansion would not be practicable
in which case the Secretary sh^ submit to the Congress, before
the expiration of such period, a report explaining why either expan¬
sion would not be practicable.
(c) Definitions. — ^For piuposes of this section:
(1) The term “base loan” means any mortgage loan for
a residential building eligible for insurance under title II of
the Nationed Housing Act or title 38, United States Code,
that does not include the cost of cost-effective energy
improvements.
(2) The term “cost-effective” means, with respect to energy
efficiency improvements to a residential building, improvements
that result in the total present value cost of the improvements
(including any maintenance and repair expenses) being less
than the total present value of the energy saved over the
useful life of the improvement, when 100 percent of the cost
of improvements is added to the base loan. For purposes of
this paragraph, savings and cost-effectiveness shall be deter¬
mined pursuant to a home energy rating report sufficient for
purposes of the Federal National Mortgage Association and
the Federal Home Loan Mortgage Corporation, or by other
technically accurate methods.
(3) The term “energy efficient mortgage” means a mortgage
on a residential building that recognizes the energy savings
of a home that has cost-effective ener^ saving construction
or improvements (including solar water heaters, solar-assisted
air conditioners and ventilators, super-insulation, and insulat¬
ing glass and film) and that has the effect of not disqualifying
a borrower who, but for the expenditures on energy saving
construction or improvements, would othenvise have qualified
for a base loan.
(4) The term “residential building” means any attached
or unattached single family residence.
(d) Rule of Construction. — ^This section may not be construed
to affect any other programs of the Secretary of Housing and
Urban Development for energy-efficient mortgages. The pilot pro¬
gram carried out under this section shall not replace or result
in the termination of such other programs.
(e) Regulations. — ^The Secretary shall issue any regulations
necessary to carry out this section not later than the expiration
of the 180-day period beginning on the date of the enactment
of this Act. The regulations shall be issued after notice and oppor¬
tunity for public comment pursuant to the provisions of section
563 of title 5, United States Code (notwithstanding subsections
(aX2), (bXB), and (dX3) of such section).
(f) Authomzation of Appropriations.— There are authorized
to be appropriated such sums as may be necessary to carry out
this section.
ruijmu L.AW iUZ-OOU — uui . lijyz
iUb Sl'AT. 37»y
. 514. STUDY BEGAROING HOME WARRANTY PLANS.
(a) In General. — ^The Secretaiy of Housing and Urban Develop-
it (hereafter in this section referred to as the "Secretary”) shall
iuct a study of home and builder’s warranties and protection
IS regarding the construction of, and materials used in, 1- to
mily dwellings subject to mortgages insured under title II of
National Housing Act.
(b) Scope of Study. — ^The study shall analyze —
(1) the extent to which home sellers and builders use
such warranties and plans,
(2) how such warranties and plans affect the single family
mortgage insurance program under the National Housii^ Act
and the solvency of the Mutual Mortgage Insurance Fund,
(3) any effects on homeowners of reliance upon such
warranties and plans,
(4) the cost of inspections of mortgaged homes not covered
by such warranties or plans,
(5) how quickly the issuers of such warranties and plans
pay claims to homeowners under the warranties and plans,
(6) how well such warranties and plans provide for the
prevention of structural damage before damage occurs,
(7) how responsive the issuers are to homeowner
complaints,
(8) the extent to which homeowners are adequately
informed of the extent of insurance coverage, the complaint
procedures, and the arbitration procedures available to them
under such warranties and plans,
(9) the extent to which the arbitration process used to
settle claims imder such warranties and plans provides fair
and reasonable relief for homeowners,
(10) how well homeowners are informed of their right to
appeal the decision of such arbitrators to the Secretary,
(11) whether the reporting and inspection requirements
to which such warranties and plans are subject provide the
Secretaiy with sufficient information to verify that such
warranties and plans are acceptable,
(12) whether dwellings covered by such warranties and
plans satisfy all requirements which would have been applicable
if such dwellings had been approved for mortgage insurance
by the Secretary before the beginning of construction, and
(13) any other issues relating to such warranties and plans
that the Secretary considers appropriate.
(c) Report. — The Secretary snail submit a report to the Con-
>s regarding the findings of the study and any recommendations
^e Secretary resulting from the study, not later than the expira-
of the 12-month period beginning on the date of the enactment
lis Act.
. 516. EXPENDITURES TO CORRECT DEFECTS.
Section 518(a) of the National Housing Act (12 U.S.C. 1735b(a))
mended —
(1) by redesignating paragraphs (1) throu^ (3) as subpara¬
graphs (A) through (C), respectively; and
(2) by striking out “The Secretary and all that follows
through “make expenditures for” and inserting in lieu thereof
the following:
12 use 1701j-l
note.
106 STAT. 3790
PUBLIC LAW 102-550— OCT. 28, 1992
"(1) The Secretaiy is authorized to make expenditures
under tins subsection with respect to any property that —
"(A) is a condominium unit (includme common areas)
or is improved by a one-to>four family dwelling;
“(B) was approved, before the beginning of construction,
for mortgage msur£mce imder this Act or for guaranty,
insurance, or direct lo£m under chapter 37 of title 38,
United States Code, or was less than a year old at the
time of insurance of the mortgage and was covered by
a consumer protection or warranty plan acceptable to the
Secretary; and
“(C) the Secretary finds to have structural defects.
“(2) Expen^tures under this subsection may be made for”.
SEC. 516. PAYMENT OF MORTGAGE INSURANCE CLAIMS.
(a) Payment of Insurance. — Section 204 of the National Hous¬
ing Act (12 U.S.C. 1710) is amended —
(1) in the fifth sentence of subsection (a), by striking
“, subject to the cash adjustment hereinafter provided, issue
to the mortgagee debentures having a total face value” and
insert in lieu thereof the following: “issue to the mortgagee
debentures having a par value”;
(2) by striking subsection (c) and inserting the following:
“(c) Debentures issued under this section —
“(1) shall be in such form and amoimts;
“(2) shall be subject to such terms and conditions;
“(3) shall include such provisions for redemption, if any,
as may be prescribed by the Secretaiy of Housing and Urban
Development, with the approval of the Secretaiy of the Treas¬
ury; and
“(4) may be in book ent^ or certificated registered form,
or such other form as the l^cretary of Housing and Urban
Development may prescribe in regulations.”;
(3) in the first sentence of subsection (d) —
(A) by striking “executed” and inserting “issued”; and
(B) by striking shall be simed by the Secretaiy
by either his written or engraved signature, and shall
be negotiable” and inserting the following: “and shall be
negotiable, and, if in book entry form, transferable, in
the manner described by the Secretary in regulations”;
and
(4) by striking in the fifth sentence of subsection (d) “and
such ^aranty” and inserting the following: “and, in the case
of debentures issued in certificated registered form, such
guaranty”.
^) Rental Housing Insurance.— Section 207 of the National
Housing Act (12 U.S.C. 1713) is amended —
(1) by striking in the second sentence of subsection (g)
“, subject to the cash adjustment provided for in subsection
(j), issue to the mortgagee a certificate of claim as provided
in subsection (h), and debentures having a total face value”
and inserting the following: “issue to the mortgagee a certiftcate
of claim as provided in subsection (h), and debentures having
a par value”;
(2) by striking in the first sentence of subsection (i) “shedl
be signed by the Secretar^^, by either his written or engraved
signature, shall be negotiable” and inserting the following:
PUBLIC LAW 102-550— OCT. 28, 1992
106 STAT. 3791
“shall be negotiable, and, if in book entiy form, transferable,
in the manner described by the Secretary in regulations”;
(3) by striking in the fourth sentence of subsection (i)
“and such guaranty^ and i^ertmg the following: “and, in the
case of debentures issued in certificated registered form, such
guaranty”; and
(4) by striking subsection (j) and inserting the following:
“(j) Debentures issued imder this section —
“(1) shall be in such form and amounts;
“(2) shall be subject to such terms and conditions;
“(3) shall include such provisions for redemption, if any,
as may be prescribed by the Secretary of Housing and Urban
Development, with the approval of the Secretary of the
Treasiury; and
“(4) may be in book entiy or certificated registered form,
or such other form as the l^cretary of Housing and Urban
Development may prescribe in regulations.”.
(c) Rehabilitation and Neighborhood Conservation Hous-
Insurance. — Section 220(h) of the National Housing Act (12
C. 1715k) is amended —
(1) by striking in the first sentence of paragraph (7), “shall
be signed by the Secretaiy, by either his written or engraved
signature, shall be negotiable” and inserting the following:
“shall be negotiable, and, if in book entry form, transferable,
in the manner described by the Secretary in regulations”;
(2) by striking in the fourth sentence of paragraph (hX7)
“and the ^aranty’ and inserting the following: “and, in the
case of d^entures issued in certificated registered form, the
guaranty’;
(3) by striking the sixth sentence of paragraph (7), and
inserting the following: “Debentures issued under tMs sub¬
section shall be in such form and amounts; shall be subject
to such terms and conditions; and shall include such provisions
for redemption, if any, as may be prescribed by the Secretary
of Housing and Urban Development, with the approval of the
Secretary of the Treasury; and may be in book entry or certifi¬
cated registered form, or such other form as the Secreteuy
of Housing and Urban Development may prescribe in regula¬
tions.”; and
(4) by striking the last sentence of paragraph (7).
(d) Housing for Moderate Income and Displaced Fami-
;. — ^The second sentence of section 221(gK4KA) of the National
Lsing Act (12 U.S.C. 17151(gX4KA)) is amended by striking
ubject to the cash adjustment provided herein, issue to the
tgagee debentures having total face value” and inserting the
»wing: “issue to the mortgagee debentures having a par value”.
. 517. COVERAGE OF THE MULTIFAMILY MORTGAGE FORE¬
CLOSURE ACT.
(a) Purposes. — Section 362 of the Multifamily Mortgage Fore-
ure Act of 1981 (12 U.S.C. 3701) is amended —
(1) in subsection (aXD, by striking “real estate” ^d ^1
that follows through “properties” and inserting: “multifamily
mortgages”; and
(2) in subsection (b), by striking “multiunit” and all that
follows through “1964” and inserting “multifamily mortgages”.
12 use 1715/.
106 STAT. 3792
PUBLIC LAW 102-550— OCT. 28, 1992
(b) Definition. — Section 363(2) of the Multifamily Mortgage
Foreclosure Act of 1981 (12 U.S.C. 3702(2)) is amended to read
as follows:
“(2) ‘multifamily mortgage’ means a mortgage held by the
Secretary pursuant to —
“(A) section 608 or 801, or title II or X, of the National
Housing Act;
“(B) section 312 of the Housing Act of 1964, as it
existed immediately before its repeal by section 289 of
the Cranston-Gronzalez National Affordable Housing Act;
“(C) section 202 of the Housing Act of 1959, as it
existed immediately before its amendment by section 801
of the Cranston-Gonzalez National Affordable
“(D) section 202 of the Housing Act of 1959,
by section 801 of the Cranston-Gonzalez National Afford¬
able Housing Act; and
“(E) section 811 of the Cranston-Gonzalez National
Affordable Housing Act.”.
(c) Pberequisites to Foreclosure.— The last sentence of sec¬
tion 366 of the Multifamily Mortgage Foreclosure Act of 1981 (12
U.S.C. 3705) is amended by strilang “status” and all that follows
through “rents” and inserting the following: “status, relief under
an assignment of rents, or transfer to a nonprofit entity pursuant
to section 202 of the Housing Act of 1959 (as amended by section
801 of the Cranston-Gonzalez National Affordable Housing Act)
or section 811 of the Cranston-Gonzalez National Affordable Hous¬
ing Act”.
(d) Notice. — Section 367(b)(1) of the Multifamily Mortgage
Foreclosure Act of 1981 (12 U.S.C. 3706(b)(1)) is amended to read
as follows:
“(b)(1) Except as provided in paragraph (2)(A), the Secretary
may require, as a condition and term of sale, that the purchaser
at a foreclosure sale under this part agree to continue to operate
the security property in accord£mce with the terms of the pro^am
under which the mortgage insurEince or assistance was provided,
or any applicable regulatoiy or other agreement in effect with
respect to such property immediately prior to the time of foreclosure
sale.”.
Housing Act:
. as amended
SEC. 518. MORTGAGEE REVIEW BOARD.
Section 202(c)(3)(C) of the National Housing Act (12 U.S.C.
1708(c)(3)(C)) is amended—
(1) by inserting “temporarily” after “order”;
(2) by inserting “(i)” after “Administration if”;
(3) by inserting “(ii)” after “violations and”; and
(4) by striking the period after “6 months” and inserting
the following: “, and for not longer than 1 year. The Board
may extend the suspension for an additional 6 months if it
determines the extension is in the public interest. If the Board
cmd the mortgagee agree, these time limits may be extended.”.
SEC. 519. DEFINITION OF MORTGAGEE.
Section 202(c) of the National Housing Act (12 U.S.C. 1708(c))
is amended —
(1) by striking paragraph (6)(D); and
(2) by redesignating paragraph (7) as paragraph (8), and
inserting the following aiter paragraph (6):
PUBLIC LAW 102-550— OCT. 28, 1992
106 STAT. 3793
“(7) Definition of ‘mortgagee’.— For purposes of this sub¬
section, the term ‘mortgagee’ means —
“(A) a mortgagee approved under this Act;
“(B) a lender or a loan correspondent approved imder
title I of this Act;
“(C) a branch office or subsidiary of the mortgagee,
lender, or loan correspondent; or
“(D) a director, officer, employee, agent, or other person
participating in the conduct of the affairs of the mortgagee,
lender, or loan correspondent.”.
SC. 620. EXEMPTION FROM SECTION 137(b) OF THE TRUTH IN LEND¬
ING ACT.
Section 255(j) of the National Housing Act (12 U.S.C. 17152-
)(j)) is amended by adding at the end the following: “Section
J7(b) of the Truth in Lending Act (16 U.S.C. 1647(b)) and any
iplementing regulations issued by the Board of (governors of the
3deral Reserve System shall not apply to a mortgage insured
ider this section.”.
Subtitle B — Secondary Mortgage Market
Programs
C. 531. LIMITATION ON GNMA GUARANTEES OF MORTGAGE-
BACKED SECURITIES.
Section 306(gX2) of the Federal National Mortgage Association
barter Act (12 U.S.C. 1721(gX2)) is amended to read as follows:
“(2) Notwithstanding any other provision of law and subject
ily to the absence of qualified requests for ^arantees, to the
ithority provided in this subsection, and to the extent of or in
ich amoimts as any funding limitation approved in appropriation
cts, the Association shall enter into commitments to issue guaran-
es under this subsection in an aggregate amount of
18,000,000,000 during fiscal year 1993 and $91,696,000,000 during
seal year 1994. There is authorized to be appropriated such sums
} may be necessary to cover the costs (as such term is defined
I section 502 of the Congressional Budget Act of 1974) of guaran-
es issued under this Act by the Association.”.
SC. 532. AUTHORITY FOR GNMA TO MAKE HARDSHIP INTEREST PAY¬
MENTS.
Section 306(gXl) of the Federal National Mortgage Association
barter Act (12 U.S.C. 1721(gXl)) is amended by inserting after
le period at the end of the third sentence the following new
sntence: “In any case in which (I) Federal law requires the reduc-
on of the interest rate on any mortgage backing a security guaran-
ed under this subsection, (II) the mortgagor under the mortgage
a person in the military service, and (III) the issuer of such
scurity fails to receive from the mortgagor the full amount of
iterest payment due, the Association may make payments of
iterest on the security in amounts not exceeding the difference
jtween the amount payable under the interest rate on the mort-
ige and the amount of interest actually paid by the mortgagor.”.
Appropriation
authorization.
106 STAT. 3794
PUBLIC LAW 102-550— OCT. 28, 1992
KSance Subtitle C— Improvement of Financing for
Multifamily Housing
12 use 1707.
SEC. 541. SHORT TITLE.
This subtitle may be cited as the ^ultifamily Housing Finance
Improvement Act”.
SEC. 542. MULTIFAMILY MORTGAGE CREDIT DEMONSTRATIONS.
(a) In General. — ^The Secretary of Housing and Urban Develop¬
ment (hereinafter referred to as the “Secreta^) shall carry out
programs through ^e Federal Housing Administration to dem¬
onstrate the effectiveness of providii^ new forms of Federal credit
enhancement for multifamilv loans. In carrying out demonstration
programs, ^e l^cretary shall include an evmuation of the effective¬
ness of entering into partnerships or other contractual arrange¬
ments including reinsurance and risk-sharing agreements with
State or local housing finance agencies, the Federal Housing
Finance Board, the Federal National Mortgage Association, the
Federal Home Loan Mortgage Corporation, qualified financial
institutions, and other State or local mortgage insurance companies
or bank lending consortia.
(b) Risk-Sharing Pilot Program.—
(1) In general. — ^The Secretary shall carry out a pilot
program through the Federal Housing Administration to pro¬
vide for risk sharing related to mortgages on multifamily
housing.
(2) Authority for reinsurance agreements.— The Sec¬
retary may enter into reinsurance agreements (as such term
is defined in section 544) with the Federal National Mortgage
Association, the Federal Home Loan Mortgage Corporation,
qualified financial institutions, qualified housing finance agen¬
cies, and the Federal Housing Finance Board, llie agreements
may provide for risk-sharing and other forms of credit enhance¬
ment with respect to mo^age lending on multifamily housing,
including reinsurance with respect to pools of loans on multi¬
family housing properties, that the Secretaiy determines to
be appropriate to cany out the purposes of this subsection.
The agreements shall be in a form and have such terms and
conditions as the Secretaiy determines to be appropriate to
carry out the purposes of this subsection.
(3) Development of alternatives.— The Secretary shall
develop and assess a variety of risk-sharing alternatives, includ¬
ing arrangements under which the Secretary assumes an appro¬
priate share of the risk related to long-term mortgage loans
on newly constructed or acquired multuamily rental housing,
mortgage refinancings, bridge financing for construction, and
other forms of multuamily housing mortgage lending that the
Secretaiy deems appropriate to carry out the purposes of this
subsection. Such alternatives shall be designed —
(A) to ensure that other parties bear a share of the
risk, in percentage amount and in position of exposure,
that is sufficient to create strong, market-oriented incen¬
tives for other participating parties to maintain sound
underwriting and loan management practices;
(B) to develop credit mechanisms, including sound
underwriting criteria, processing methods, and credit
PUBLIC LAW 102-550— OCT. 28, 1992
106 STAT. 3795
enhancements, through which resources of the Federal
Housing Administration can assist in increasing multifam¬
ily housing lending as needed to meet the expected need
in the United States;
(C) to provide a more adequate supply of mortgage
credit for soimd multifamily rental housing projects m
underserved urban and rural markets;
(D) to encourage ms^or financial institutions to expand
their participation in mortgage lending for sound multifam-
ily housing, through means such as mitigating uncertain¬
ties regarmng actions of the Federal Grovemment (including
the possible failure to renew short-term subsidy contracts);
(E) to increase the efficiency, and lower the costs to
the Federal ^vemment, of processing and servicing multi¬
family housing mortgage loans insured by the Federal
Housing Administration; and
(F) to improve the quality and expertise of Federal
Housing Administration staff and other resources, as
required for sound management of reinsurance and other
market-oriented forms of credit enhancement.
(4) Eligibility standards. — ^The Secretaty shall establish
and enforce standards for financial institutions and entities
to be eligible to enter into reinsurance agreements imder this
subsection, as the Secretary determines to be appropriate.
(6) Funding. — Using any authority provided in appropria¬
tion Acts to insure loans under the National Housing Act,
the Secreteuy may enter into commitments under this sub¬
section for risk sharing with respect to mortgages on not more
than 15,000 units over fiscal years 1993 and 1994. The dem¬
onstration authorized under this subsection shall not be
expanded until the reports required imder subsection (d) are
suomitted to Congress.
(6) Fees. — ^The Secretary shall establish and collect pre¬
miums and fees imder this subsection as the Secretary deter¬
mines appropriate to (A) achieve the purpose of this subsection,
and (B) compensate the Federal Housing Administration for
the risks assumed and related administrative costs.
(7) Non-federal participation.— The Secretary shall
carry out this subsection, to the maximum extent practicable,
with the participation of well-established residenticd mortgage
originators, financial institutions that invest in multifamily
housing mortgages, multifamily housing sponsors, and such
other private sector experts in multifamily housing finance
as the ^cretaiy determines to be appropriate.
(8) Timing. — The Secretary shall take any administrative
actions necessary to initiate the pilot program under this sub¬
section not later than the expiration of the 8-month period
beginning on the date of the enactment of this Act.
(c) Housing Finance Agency Pilot Program. —
(1) In general. — The Secretary shall carry out a specific
pilot program in co^unction with qualified housing finance
agencies to test the effectiveness of Federal credit enhancement
for loans for affordable multifamily housing through a system
of risk-sharing agreements with such agencies.
(2) Pilot program requirements. —
(A) In general. — In carpring out the pilot program
authorized under this subsection, the Secrete^ shall enter
106 STAT. 3796
PUBLIC LAW 102-550— OCT. 28, 1992
into risk-sharing agreements with qualified housing finance
agencies.
(B) Mortgage insurance.— Agreements under
subparagraph (A) shall provide for full mortgage insurance
throi^h the Federal Housing Administration of the loans
for affordable multifamily housing originated by or through
qualified housing finance agencies and for reimbursement
to the Secretary oy such agencies for either all or a portion
of the losses incurred on the loans insured.
(C) Risk apportionment.— ^eements entered into
under this subsection between the ^cretary and a qualified
housing finance agency shall specify the percentage of loss
that each of the parties to the agreement will assume
in the event of default of the insured multifamily mortgage.
Such agreements shall s^cify that the qualified housing
finance agen^ and the Secretary shall share equally the
full amount oi any loss on the insured mortgage.
(D) Reimbursement capacity.— Agreements entered
into under this subsection between the Secretary and a
qualified housing finance agency shall provide evidence
of the capacity of such agency to fulfill any reimbursement
obligations made pursuant to this subsection. Evidence of
such capacity may include —
(i) a pledge of the full faith and credit of a qualified
State or local agency to fulfill any obligations entered
into by the qualified housing finance agency;
(ii) reserves pledged or otherwise restricted by the
qualified housing finance agency in an amount equal
to an agreed upon percentage of the loss assumed
the housing finance agency under subparagraph
(iii) funds pledged through a State or local guaran¬
tee fimd; or
(iv) any other form of evidence mutually agreed
upon by the Secretary and the qualified housing
finance agency.
(E) Underwriting standards.— The Secretary shall
allow an^ qualified housing finance agency to use its own
underwnting standards and loan terms and conditions for
purposes of miderwriting loans to be insured under this
subsection without further review by the Secretary, except
that the Secretary may impose additional underwriting
criteria and lo£m terms £md conditions for contractum
agreements where the Secretary retains more than 50 per¬
cent of the risk of loss.
(3) Mortgage insurance premiums.— The Secretary shall
establish a schedule of insurance premium payments for mort¬
gages insured under this sid>section based on the percentage
of loss the S^etary inay assume. Such schedule shall reflect
lower or nominal premiums for qualified housing finance agen¬
cies that assume a greater share of the risk apportioned accord¬
ing to paragraph (2XC).
(4) Limitation on insurance authority. — ^Using any
authority provided ly appropriations Acts to insure mortgages
under the National Housing Act, the Secretary may enter into
commitments under this subsection with respect to mortgages
on not to exceed 30,000 units over fiscal years 1993, 1994,
PUBLIC LAW 102-550— OCT. 28, 1992
106 STAT. 3797
d 1995. The demonstration authorized imder this subsection
lall not be expanded until the reports required under sub-
ction (d) are submitted to the Congress.
(5) Identity of interest. — ^Notwithstanding any other
ovision of law, the Secretaiy shall not apply identily of.
terest provisions to agreements entered into with qualified
^te housing finance agencies under this subsection.
(6) Prohibition on ginnie securitization.— The
ovemment National Mortgage Association shall not securitize
ly multifamily loans insured under this subsection.
(7) Qualification as affordable housing.— Multifamily
)using securing loans insured under this subsection shall quad-
f as affordable only if the housing is occupied by very low-
icome families and bears rents not greater than the gross
snt for rent-restricted residential units as determined imder
iction 42(gX2) of the Internal Revenue Code of 1986.
(8) Regulations. — Not later than 90 days after the date
■ enactment of this Act, the Secretary shall issue such regula-
ons as may be necessary to carry out this subsection.
1) Independent Studies and Reports. —
(1) Federal national mortgage association. — The Fed-
•al National Mortgage Association, in consultation with rep-
jsentatives of its seller-servicers and State housing finance
^encies, shall carry out an independent assessment of alter¬
ative methods for achieving the purposes of this section and
lall submit a report containing any findings and recommenda-
ons, including any recommendations for legislative or adminis-
•ative action, simultaneously to the Secretary and the Congress
ot later than 12 months after the date of the enactment
r this Act.
(2) Federal home loan mortgage corporation. — The
ederal Home Loan Mortgage Corporation, in consultotion with
apresentatives of its seller-servicers and State housing finance
encies, shall carry out an independent assessment of alter¬
ative methods for achieving the purposes of this section and
hall submit a report containing cmy findings and recommenda-
ions, including any recommendations for legislative or adminis-
rative action, simultaneously to the Secretaiy and the Congress
ot later than 12 months after the date of the enactment
this Act.
(3) Secretary. — The Secretary shall submit to the Con-
ress, and publish, reports under this paragraph assessing
he activities carried out under each of the pilot programs,
'he Secretaiy shall submit and publish a preliminary report
inder this paragraph not later than 9 months after the date
f the implementation of each of the pilot programs, and a
inal report not later than 24 months after the date ot
mplementation on which the pilot program is initiated, which
hall include any recommendations by the Secretaiy for legisla-
ive changes to achieve the purposes of this section.
(4) Comptroller general.— The ComptroUer Gener^ of
e United States shall carry out an evaluation of each of
he pilot programs under this section and shall submit to the
congress, not later than 30 months after the date of
mplementation for each of the pilot programs, a rejwrt regard-
ng the evaluation, together with any recommeimations for
egislative changes to achieve the purposes of this section.
106 STAT. 3798
PUBLIC LAW 102-550— OCT. 28, 1992
The Comptroller General shall also submit to the Congress
a report containing a preliminary assessment of the pilot pro¬
gram not later them 18 months after the date of enactment
of this Act.
(5) Federal housing finance board.— The Federal Hous¬
ing Finance Board shall monitor and assess the activities car¬
ried out under the pilot programs imder this section. The
Federal Housing Finance Board shall submit a preliminary
report containing any findings regarding such activities not
later than 9 months after the date of the enactment of this
Act, and a final report containing such findings not later than
24 months after tiie date on which the pilot program is initiated,
which shall include any recommendations by the Board for
legislative changes to achieve the purposes of this section.
SEC. 543. NATIONAL INTERAGENCY TASK FORCE ON MULTIFAMILY
HOUSING.
(a) Purpose. — ^The puroose of this section is to establish a
National Interagency Task Force on Multifamily Housing to develop
recommendations for establishing a national database on multifam-
ily housing loans.
(b) Establishment of Task Force. — ^There is established a
Task Force known as the National Interagency Task Force on
Multifamily Housing (hereafter in this section referred to as the
“Task Force”).
(c) Membership of Task Force.—
(1) Federal officials.— The Task Force shall be composed
of—
(A) the Secretary of Housing and Urban Development;
(B) the Chairperson of the Federal Housing Finance
Board;
(C) the Comptroller of the Currency;
(D) the Chairman of the Board of Governors of the
Federal Reserve System;
(E) the Director of the Office of Thrift Supervision;
(F) the Chairperson of the Federal Deposit Insurance
Corporation;
(G) the Chairperson of the Federal National Mortgage
Association; and
(H) the Chairperson of the Federal Home Loan Mort¬
gage Corporation,
or their designees, and the persons appointed under paragraphs
(2) and (3).
(2) Appointments by the secretary.— The Secretary shall
appoint as members of the Task Force —
(A) 1 individual who is a representative of a State
housing finance agency;
(B) 1 individual who is a representative of a local
housing finance agency;
(C) 1 individual who is a representative of the building
industry with experience in multifamily housing; and
(D) 1 individual who is a representative of the life
insurance industry with experience in multifamily loan
performance data.
(3) Appointments by the chairperson of the fhfb. —
The Chairman of the Federal Housing Finance Board shall
anooint as mb rs of the Task Force —
PUBLIC LAW 102-550--OCT. 28, 1992
106 STAT. 3799
(A) 1 individual who is a representative from the finan- I
cial sei^ces industry with experience in multifamilv hous¬
ing underwriting;
(B) 1 individual who is a representative from the non¬
profit housing development sector with experience in sub¬
sidized multifamily housing development; and
(C) 1 individual who is a representative from a nation¬
ally recognized rating agency.
d) Administration.—-
(1) Chairpersons.— The Task Force shall be chaired jointly
w the Secretary and the Chairman of the Federal Housing
finance Board. ®
(2) Meetings. — The Task Force shall meet no less than
[ times, at the call of the Chairpersons of the Task Force
(3) Quorum.— A m^ority of the members of the Task Force
hall constitute a ^orum for the transaction of business.
(4) Voting. — -Each member of the Task Force shall be
sntitled to 1 vote, which shall be equal to the vote of every
>ther member of the Task Force.
(6) Vacancies. — ^Anv vacancy on the Task Force shall not
iffect its powers, but shall be filled in the manner in which
he original appointment was made.
(6) Prohibition on additional pay.— Members of the Task
I’orce shall serve without compensation, but shall be
•eimbxirsed for travel, subsistence, and other necessary
sxpenses incurred in the performance of their duties as mem-
)ers of the Task Force.
e) Functions of the Task Force.—
(1) In general.— The Task Force shall conduct a multifam-
ly housing financial data project in order to improve the avail-
ibility and efficiency of financing for multifamily rental
lousing. The project shall —
(A) analyze available data regarding the performance
of multifamily housing mortgage loans in all regions of
the country;
(B) prepare a comprehensive national database on the
operation and financing of multifamily housing that will
provide reliable information appropriate to meet the pro¬
jected needs of lenders, investors, sponsors, property man¬
agers, and public officials;
(C) identify important factors that affect the long-term
financial and operational soundness of multifamily housing
properties, including factors relating to proiect credit risk,
project underwriting, interest rate risk, real estate market
conditions, public subsidies, tax policies, borrower
characteristics, program management standards, and
government policies;
(D) develop common definitions, standards, and proce¬
dures that will improve multifamily housing underwriting
and accelerate the development of a strong, wm^titive,
and efficient secondary market for multifamily housing
loans; and
(E) make available appropriate information to varioiM
organizations in forms that will assist in improving multi¬
family housing loan underwriting and servicing.
(2) Final report. — ^Not later than 1 year following the
mactment of this Act, the Task Force shall submit to the
106 STAT. 3800
PUBLIC LAW 102-550— OCT. 28, 1992
Congress a final report which shall contain the information,
evaluations, and recommendations specified in paragraph (1).
(f) Authority of Task Force. —
(1) Rules and regulations. — ^The Task Force may adopt
such mles and regulations as may be necessary to establish
its procedures and to govern the manner of its operations,
organization and personnel.
(2) Access to data. — ^The members of the Task Force
representing the Comptroller of the Currency, the Office of
Thrift Supervision, the Board of Governors of the Federal
Reserve System, the Federal Deposit Insurance Corporation,
the Secretary of Housing and Urban Development, the Federal
Hoiising Finance Board, the Federal National Mortgage
Association, and the Federal Home Loan Mortgage Corporation
shall make available to the Task Force a representative sample
of multifamily housing mortgage loans in order for the Task
Force to make its findings and recommendations, except that —
(A) all information obtained shall be used only for
the purposes authorized in this section;
(B) the Task Force shall maintain the confidentiality
of all such information obtained in the manner established
for the material by the submitting entity, and such data
shall not be subject to release under section 552 of title
5, United States Code;
(C) only aggregate data shall be publicly released by
the Task Force unless it receives the explicit permission
of the mortgage originator or government-sponsored enter¬
prise from which the information is obtained; and
(D) any officer or employee of the Secretary, the Office
of Thrift Supervision, the Board of Governors of the Federal
Reserve, the Office of the Comptroller of the Currency,
the Federal Deposit Insurance Corporation, or the Federal
Housing Finance Board shall be subject to the penalties
under section 1906 of title 18, United States Code, if —
(i) by virtue of employment or official position,
the officer or employee has possession of or access
to any book, record, or information made available
under this subsection and established as confidential
under subparagraph (C); and
(ii) the officer or employee discloses the material
in any manner other than to an officer or employee
of the same Federal agency emplo)dng the officer or
employee, or other than pursuant to the exemptions
under section 1906.
(3) Sample data. — In order to ensure a representative
sample of multifamily housing data, the Department of Housing
and Urban Development, the Office of Thrift Supervision, the
Board of Governors of the Federal Reserve System, the Office
of the Coiamtroller of the Currency, and the Federal Deposit
Insurance Coloration are authorized to request loan data from
a representative sample of mortgage originators or the govern¬
ment-sponsored enterprises regulated by these agencies, and
mortgages originated by housing finance agencies and life insur¬
ance companies, except that —
(A) all information obtained shall be used only for
the purposes authorized in this section;
PUBLIC LAW 102-550— OCT. 28, 1992
106 STAT. 3801
(B) the Task Force shall maintain the confidentiality
of all such information obtained in the manner established
for the material by the submitting entity, and such data
shall not be subject to release under section 552 of title
5, United States Code;
(C) only aggregate data shall be publicly released by
the Task Force unless it receives the explicit permission
of the mortgage originator or government-sponsored enter¬
prise from which the information is obtained; and
(D) any officer or employee of the Secretaiy, the Office
of Thrift Supervision, the Board of Governors of the Federal
Reserve, the Office of the Comptroller of the Currency,
the Federal Deposit Insurance Corporation, or the Federal
Housing Finance Board shall be subject to the penalties
under section 1906 of title 18, United States Code, if —
(i) by virtue of employment or official position,
the officer or employee has possession of or access
to any book, record, or information made available
under this subsection and established as confidential
under subparagraph (C); and
(ii) the officer or employee discloses the material
in any manner other than to an officer or employee
of the same Federal agency employing the officer or
employee, or other than pursuant to the exemptions
under section 1906.
(4) Agency resources.— The Task Force may, with the
consent of any Federal agency or department represented on
the Task Force, utilize the information, services, staff and
facilities of such agency or department on a reimbursable basis,
to assist the Task Force in carrying out its duties under this
section.
(5) Mails. — ^The Task Force may use the United States
mails in the same manner and under the same conditions
as other Federal agencies.
(6) Contracting. — ^The Task Force may, to such extent
and in such amoimts as are provided in appropriations Acts,
enter into contracts with private firms, institutions, and individ¬
uals for the purpose of discharging its duties imder this section.
(7) Staff. — ^The Task Force may appoint and fix the com¬
pensation of such personnel as it deems advisable, in accordance
with the provisions of title 5, United States Code, governing
appointments to the competitive service, and the provisions
of chapter 51 and subchapter III of chapter 53 of such title,
relating to classification of General Schedule pay rates.
(g) Independent Evaluation.— The Comptroller General of
tie United States shall be authorized to conduct an independent
nalysis of the findings and recommendations submitted by the
'ask Force to the Congress under this section.
(h) Authorization of Appropriations.— There are authorized
D be appropriated to carry out this section not to exceed $6,000,000
)r fiscal year 1993 and $6,252,000 for fiscal year 1994. Funds
ppropriated under this subsection shall remain available until
xpended.
EC. 644. DEFINITIONS.
For purposes of this subtitle:
106 STAT. 3802
PUBLIC LAW 102-550— OCT. 28, 1992
Appropriation
authorization.
(1) The term “multifamily housing” means a property
consisting of more than 4 dwelling units.
(2) 'me term “qualified housing finance agency” means
any State or local housing finance agency that—
(A) carries the desijmation of “top tier” or its eqmva-
lent, as evaluated by Standard and Poors or any other
nationally recognized rating agency;
(B) receives a rating of ®A” for its general obligation
bonds from a nationally recognized rating agency; or
(C) otherwise demonstrates its capacity as a sound
and experienced agency based on, but not limited to, its
experience in financing multifamily housing, fund balances,
administrative capabilities, investment policy, internal con¬
trols and financial management, portfolio quality, and State
or local support.
(3) 'Ihe term “reinsurance agreement” means a contractual
obligation under which the Secretary, in exchange for appro¬
priate compensation, agrees to assume a specified portion of
the risk of loss that a lender or other party has previously
assumed with respect to a mortgage on a multifamily housing
property.
(4) The term “Secretary*' means the Secretary of Housing
and Urban Development.
TITLE VI— HOUSING FOR ELDERLY PER¬
SONS AND PERSONS WITH DISABIL¬
ITIES
Subtitle A— Supportive Housing Programs
SEC. 601. FUNDING FOR SUPPORTIVE HOUSING FOR THE ELDERLY
AND FOR PERSONS WITH DISABILITIES.
(a) Aggregate Funding. — ^There are authorized to be appro¬
priated for the purpose of providing assistance in accordance with
section 202 of the Housing Act oi 1959 and section 811 of the
Cranston-Gonzalez National Affordable Housing Act, $1,309,853,000
for fiscal year 1993 and $1,364,866,826 for fiscal year 1994.
(b) Allocation. — Of any amounts made available for assistance
under the sections referred to in subsection (a), 70 percent of
such amount shall be used for assistance in accordance with section
202 of the Housing Act of 1959 and 30 percent of such amount
shall be used for assistance in accordance with section 811 of
the Cranston-Gonzalez National Affordable Housing Act.
(c) Supportive Housing for the ELDERLY.-^ection 202(1) of
the Housing Act of 1959 (12 U.S.C. 1701q(l)) is amended —
(1) by striking “Authorizations.—” and inserting “Alloca¬
tion OF Funds.—”;
(2) in paragraph (1)—
(A) by striking the first sentence and inserting the
following new sentence: “Of any amounts made available
for assistance under this section, such sums as may be
necessaiy shall be available for funding capital advances
in accordance with subsection (cXl).”; and
(B) in the second sentence, by striking “Amounts so
appropriated” and inserting “Such amounts”;
PUBLIC LAW 102-550— OCT. 28, 1992
106 STAT. 3803
(3) by striking paragraph (2) and inserting the following
new paragraph:
“(2) Project rental assistance. — Of any amounts made
available for assistance under this section, such sums as may
be necessary shall be available for funding project rental assist¬
ance in accordance with subsection (c)(2).’*; and
(4) in paragraph (3), by striking ^under this subtitle” and
inserting ^ror assistance under this section”.
(d) Supportive Housing for Persons With Disabilities. —
ection 811(1) of the Cranston-Gonzalez National Affordable Hous-
ig Act (42 U.S.C. 8013(1)) is amended —
(1) Iw striking “Authorizations. — and inserting “Alloca¬
tion OF ftJNDS.—
(2) in paragraph (1) —
(A) by striking the first sentence and inserting the
following new sentence: “Of any amounts made available
for assistance under subsection (b), such sums as may
be necessary shall be available for funding capital advances
in accordance wdth subsection (cXl).”; and
(B) in the second sentence, by striking “Amounts so
appropriated” and inserting “Such amounts”;
(3) by striking paragraph (2) and inserting the following
new paragraph:
“(2) Project rental assistance. — Of any amounts made
available for assistance under subsection (b), such sums as
may be necessary shall be available for funding project rental
assistance in accordance with subsection (c)(2).”;
(4) by redesignating paragraphs (1) and (2) (as so amended)
as paragraphs (2) and (3), respectively; and
(5) by inserting before paragraph (2) (as so redesignated)
the following new paragraph:
“(1) Allocation. — Of any amount made available for
assistance under this section in any fiscal year, an amount
shall be used for assistance imder subsection (b) that is not
less than the amount made available in appropriation Acts
for such assistance in the preceding year, and the remainder
shall be available for tenant-based assistance under subsec¬
tion (n).”.
EC. 602. SUPPORTIVE HOUSING FOR THE ELDERLY.
(a) Technical Corrections.— Section 202 of the Housing Act
f 1959 (12 U.S.C. 1701q), as amended by section 801(a) of the
!ranston-Gonzalez National Affordable Housing Act, is amended —
(1) in subsection (gXD, by striking “and persons with
disabilities”; and
(2) in subsection (iXl)(A), by striking “persons with disabil¬
ities” and inserting “elderly persons”.
(b) Repeal of Requirement for State and Local Certifi-
ATION OF Services.— Section 202(e) of the Housing Act of 1959
12 U.S.C. 1701q(e)), as amended by section 801(a) of the Cranston-
ronzalez National Affordable Housing Act, is amended —
(1) by striking paragraph (5); and
(2) by redesignating paragraphs (6) and (7) as paragraphs
(5) and (6), respectively.
(c) Selection Criteria.— Section 202(fX2) of the Housing Act
f 1959 (12 U.S.C. 1701q(f)(2)) is amended by adding at the end
106 STAT. 3804
PUBLIC LAW 102-550— OCT. 28, 1992
Regulations.
taking into consideration the availability of public housing for
the elderly and vacancy rates in such facilities”.
(d) Elder Cottage Housing.—
(1) Implementation. — Section 806(b) of the Cranston-Gon-
zalez National Affordable Housing Act (12 U.S.C. 1701q note)
is amended to read as follows:
“(b) Demonstration Program.—
“(1) In general. — ^The Secretary of Housing and Urban
Development shall carry out a pro^am to determine the fea¬
sibility of including, as an eligible development cost under
section 202 of the Housing Act of 1959, the cost of purchasing
and installing elder cottage housing opportunity units that
are small, freestanding, barrier-free, energy efHcient, remov¬
able, and designed to be installed adjacent to existing 1- to
4-family dwellings. In conducting the demonstration, the Sec¬
retary shall determine whether the durability of such units
is appropriate for making such units generally eligible for
assistance under the pro^ams under such sections.
“(2) Allocation. — Notwithstanding any other law, the Sec¬
retary shall reserve from any amounts available for capital
advances and project rental assistance under section 202 of
the Housing Act of 1959, amounts sufficient in each of fiscal
years 1993 and 1994 to provide not less than 100 units under
the demonstration under this subsection in connection with
each such section. Any amounts reserved under this paragraph
shall be available only for carrying out the demonstration unaer
this subsection and, for purposes of the demonstration, the
cost of purchasing and installing an elder cottage housing
opportunity unit shall be considered an eligible development
cost imder sections 202 of the Housing Act of 1959.
“(3) Report.— Not later than January 1, 1994, the Sec¬
retary shall submit a report to the Congress on the results
of the demonstration under this subsection, which shall be
based on actual experience in implementing this subsection.
“(4) Implementation. — ^The Secretary shall issue regula¬
tions to carry out the demonstration under this subsection
not later than the expiration of the 6-month period beginning
on the date of the enactment of the Housing and Community
Development Act of 1992.”.
(e) Access to Residual Receipts.— Section 202(j) of the Hous¬
ing Act of 1959 (12 U.S.C. 1701q(j)) is amended by adding at
the end the following new paragraph:
“(6) Access to residual receipts.— The Secretary shall
authorize the owner of a project assisted under this section,
to use any residual receipts held for the project in excess
of $500 per imit (or in excess of such other amount prescribed
by the Secretary based on the needs of the project) for activities
to retrofit and renovate the project described under section
802(d)(3) of the Cranston-Gonzalez National Affordable Housing
Act, to provide a service coordinator for the project as described
in section 802(d)(4) of such Act, or to provide supportive services
(as such term is defined in section 802(k) of such Act) to
residents of the project. Any owner that uses residual receipts
under this paragraph shall submit to the Secretary a report,
not less than annually, describing the uses of the residual
receipts. In determining the amoimt of project rental assistance
to be provided to a project under subsection (c)(2) of this section.
PUBLIC LAW 102-550— OCT. 28, 1992
106 STAT. 3805
the Secretary may take into consideration the residual receipts
held for the project only if, and to the extent that, excess
residual receipts are not used under this paragraph.'’.
(f) Waiver of Owner Deposit.— Section 202(j)(3)(B) of the
)using Act of 1969 (12 U.S.C. 1701q(jX3XB)) is amended bv adding
the end the following new sentence: “The Secretaiw shall reduce
waive the requirement of the ovmer deposit imder paragraph
I in the case of a nonprofit applicant that is not affiliated wnth
lational sponsor, as determined by the Secretary.”.
(g) Nonmetropolitan Allocation.— Section 202(1X4) of the
)U8ing Act of 1959 (12 U.S.C. 1701a(l)(3)) is amended by striking
3 percent” and inserting “15 percent”.
C. 603. SUPPORTIVE HOUSING FOR PERSONS WITH DISABILITIES.
Section 811(k)(6) of the Cranston-Gronzalez National Affordable
)U8ing Act (42 U.S.C. 8013(kX6)) is amended —
(1) by striking “incorporated private”;
(2) by redesignating subparagraphs (A), (B), and (C), as
subparagraphs (B), (C), and (D), respectively; and
(3) by inserting after “foundation — ** the following new
subparagraph:
°‘(A) that has received, or has temporary clearance
to receive, tax-exempt status under section 501(c)(3) of
the Internal Revenue Code of 1986;”.
C. 604. REVISED CONGREGATE HOUSING SERVICES PROGRAM.
(a) Authorization of Appropriations.— Section 802(nXl) of
B Cranston-Gronzalez National Affordable Housing Act (42 U.S.C.
ll(n)(l)) is amended by striking the matter preceding subpara-
aph (A) and inserting the following:
“(1) Authorization and use.— There are authorized to
be appropriated to carry out this section $21,000,000 for fiscal
year 1993, and $21,882,000 for fiscal year 1994, of which not
more than —
(b) Supplemental Contributions.— Section 802(i)(lXBXi) of
B Cranston-Gronzalez National Affordable Housing Act (42 U.S.C.
ll(iXl)(BXi)) is amended by striking “3-yeai:^° each place it
pears and inserting “6-year”.
(c) Regulations.—
(1) Interim regulations.— Not later than the expiration
of the 30-day period beginning on the date of the enactment
of this Act, the Secretary of Housing and Urban Development
and the Secretary of Agriculture shall submit to the Congress
a copy of proposed interim regulations implementing section
802 of the Cranston-Gronzalez National Affordable Housing Act
with respect to eligible federally assisted housing (as such
term is defined in section 802(k) of such Act) aoministered
by each such Secretary. Not later than the expiration of the
45-day period beginning on the date of the enactment of this
Act, but not before the expiration of the 16-day period beginning
upon the submission of the proposed interim regulations to
the Congress, each such Secretary shall publish interim regula¬
tions implementing such section 802, which shall take effect
upon publication.
(2) Final regulations. — ^Not later than the expiration of
the 90-day period beginning upon the publication of interim
regulations under paragraph (1), each such Secretary shall
issue final regulations implementing section 802 of the Cran-
Appropriation
authorization.
42 use 8011
note.
106 STAT. 3806
PUBLIC LAW 102-550— OCT. 28, 1992
ston-Gkinzalez National Affordable Housing Act after notice and
opportunity for public comment regarding the interim re^a-
tmns, pursuant to the provisions of section 553 of title 5,
United States Code (notwithstanding subsections (a)(2), (bXB),
and (d)(3) of such section). The duration of the period for
public comment under such section 553 shall be not less than
60 days, and the final regulations shall take effect upon
issuance.
(3) Failure under 1990 act. — ^This subsection may not
be construed to authorize any failure to comply with the
requirements of section 802(m) of the Cranston-Gonzalez
Nation^ Affordable Housing Act.
SEC. 606. HOPE FOR ELDERLY INDEPENDENCE.
(a) Section 8 Assistance. — Section 803(j) of the Cranston-
Gk)nzalez National Affordable Housing Act (42 U.S.C. 8012(j)) is
amended to read as follows:
“(j) Section 8 Funding. — The budget authority available under
section 5(c) of the United States Housing Act of 1937 for assistance
under sections 8(b) and 8(o) of such Act is authorized to be increased
by $38,288,000 on or after October 1, 1992, and by $39,896,096
on or after October 1, 1993. The amounts made available under
this subsection shall be used only in connection with the demonstra¬
tion imder this section.
(b) Supportive Services Authorization.— Section 803(k) ol
the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C.
8012(k)) is amended to read as follows:
Appropriation "(k) FUNDING FOR SERVICES.— There are authorized to be appro-
authorization. priated for the Secretary to carry out the responsibilities for
supportive services under the demonstrations under this section
$10,000,000 to become available in fiscal year 1993, and $10,420,000
to become available in fiscal year 1994. Any such amounts appro¬
priated under this subsection shall remain available until
expended.”.
(c) Demonstration Period.— Section 803 of the Cranston-Gon¬
zalez National Affordable Housing Act (42 U.S.C. 8012) is
amended —
(1) in subsection (a), by striking ‘foeginning on the date
of the enactment of this Act” and inserting “determined b3
the Secretarsr^; and
(2) by striking paragraph (1) of subsection (g) and inserting
the following new paragraph:
“(1) The term ‘demonstration period’ means the 5-yea]
period referred to in subsection (a).”.
SEC. 606. HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS.
(a) Amendment of Cranston-Gonzalez National Housinc
Act. — ^Whenever in this section an amendment is expressed ii
terms of an amendment to a section or other provision, the referenc<
shall be considered to be made to a section or other provisioi
of the Cranston-Gonzalez National Affordable Housing Act.
(b) Authorization of Appropriations. — Section 863 (42 U.S.C
12912) is amended to read as follows:
“SEC. 863. AUTHORIZATION OF APPROPRIATIONS.
‘There are authorized to be appropriated to carry out thii
subtitle $150,000,000 for fiscal year 1993 and $156,300,000 foi
fiscal year 1994.”.
PUBLIC LAW 102-550— OCT. 28, 1992
106 STAT. 3807
;c) Definitions.— Section 853 (42 U.S.C. 12902) is amended—
(1) in paragraph (2), by striking “sponsor receiving assist¬
ance from a grantee” and inserting “organization eligible to
receive assistance under this subtitle”;
(2) in paragraph (5), by striking “metropolitan area” and
inserting “metropolitan statistical area”; and
(3) by adding at the end the following new paragraphs:
“(11) The term ‘city^ has the meaning given the term in
section 102(a) of the Housing and Community Development
\ct of 1974.
“(12) The term 'eligible person’ means a person with
Etcquired immunodeficiency syndrome or a related disease and
the family of such person.
“(13) The term ‘nonprofit organization’ means any nonprofit
organization (including a State or locally chartered, nonprofit
organization) that —
“(A) is organized under State or local laws;
“(B) has no part of its net earnings inuring to the
benefit of any member, founder, contributor, or individual;
“(C) complies with standards of financial accountability
acceptable to the Secretary; and
“(D) has among its purposes significant activities
related to providing services or housing to persons with
acquired immunodeficiency S3mdrome or related diseases.
“(14) The term ‘project sponsor^ means a nonprofit organiza¬
tion or a housing agency of a State or unit of general local
government that contracts with a grantee to receive assistance
imder this subtitle.”.
:d) Grant Eligibility and Allocation. — Section 854 (42
C. 12903) is amended —
(1) in subsection (a), by striking “and units of general
local government” and inserting “, units of general local govern¬
ment, and nonprofit organizations”;
(2) by striking subsection (b) and inserting the following
new subsection:
‘(b) Implementation of Eligible Activities.— A grantee shall
(T out eligible activities imder section 855 through project spon-
Any grantee that is a State that enters into a contract with
nprofit organization to carry out eligible activities in a locality
[ obtain the approval of the unit of general local government
tie locality before entering into the contract.”;
(3) by striking paragraph (1) of subsection (c) and inserting
the following new paragraph:
“(1) Formula allocation.— The Secretary shall allocate
90 percent of the amounts approved in appropriation Acts under
section 863 among States and cities whose most recent com¬
prehensive housing affordability strategy (or abbreviated strat¬
egy) has been approved by the Secretary under section 105
of this Act. Such amounts shall be allocated as follows:
“(A) 75 percent among —
“(i) cities that are the most populous unit of gen¬
eral local government in a metropolitan statistical area
having a population greater than 500,000 and more
than 1,500 cases of acquired immunodeficiency syn¬
drome; and
106 STAT. 3808
PUBLIC LAW 102-550— OCT. 28, 1992
“(ii) States with more than 1,500 cases of acquired
immunodeficiency S)mdrome outside of metropolitan
statistical areas described in clause (i); and
“(B) 25 percent among cities that (i) are the most
populous unit of general local government in a metropolitan
statistical area having a population greater than 500,000
and more than 1,500 cases of acquired immunodeficiency
syndrome, and (ii) have a higher than average per capita
incidence of acquired immunodeficiency syndrome.
A single city may receive assistance allocated under subpara¬
graph (A) and subparagraph (B). For purposes of allocating
amounts under this paragraph for any fiscal year, the number
of cases of acquired immunodeficiency syndrome shall be the
number of such cases reported to and confirmed by the Director
of the Centers for Disease Control of the Public Health Service
as of March 31 of the fiscal year immediately preceding the
fiscal year for which the amounts are appropriated and to
be allocated.”;
(4) in subsection (c)(3) —
(A) by striking the paragraph heading and inserting
“Nonformula allocation.—”; and
(B) by striking subparagraph (A) and inserting the
following new subparagraph:
“(A) In general. — ^The Secretary shall allocate 10 per¬
cent of the amounts appropriated under section 863
among —
“(i) States and units of general local government
that do not qualify for allocation of amounts under
paragraph (1); and
“(ii) States, units of general local government, and
nonprofit organizations, to fund special projects of
national significance.”;
(5) in the first sentence of subsection (d), by striking
“approvable applications submitted by eligible applicants” and
inserting “applications submitted by applicants and approved
by the Secretary”;
(6) in subsection (e), by striking “requirements of subsection
(b)” and inserting “other requirements of this section”; and
(7) by adding at the end the following new subsection:
“(f) Additional Requirement for City Formula Grantees. —
In addition to the other requirements of this section, to be eligible
for a grant pursuant to subsection (c)(1), a city shall provide such
assurances as the Secretary may require that any grant amounts
received will be allocated among eligible activities in a manner
that addresses the needs within the metropolitan statistical area
in which the city is located, including areas not within the jurisdic¬
tion of the city. Any such city shall coordinate with other units
of general local government located within the metropolitan statis¬
tical area to provide such assurances and comply with the
assurances.”.
(e) Limitation on Spending for Other Activities. — Section
855(6) (42 U.S.C. 12904(6)) is amended by inserting before the
period at the end the following: “, except that activities developed
imder this paragraph may be assisted only with amounts provided
under section 854(c)(3)”.
PUBLIC LAW 102-550— OCT. 28, 1992
106 STAT. 3809
(£) Fees and Limitation on Use of Grant Amounts for
IINISTRATIVE EXPENSES. — Section 856 (42 U.S.C. 12905) is
mded —
(1) by striking subsection (d) and inserting the following
new subsection:
“(d) Prohibition of Fees. — ^The recipient shall agree that no
will be charged to any eligible person for any housing or services
kdded with amounts from a grant under this subtitle.”; and
(2) by adding at the end the following new subsection:
“(g) Administrative Expenses.—
“(1) Grantees. — ^Notwithstanding any other provision of
this subtitle, each grantee may use not more than 3 percent
of the grant amount for administrative costs relating to admin¬
istering grant amounts and allocating such amounts to project
sponsors.
“(2) Project sponsors. — Notwithstanding any other provi¬
sion of this subtitle, each project sponsor receiving amounts
from grants made under this title may use not more than
7 percent of the amounts received for administrative costs
relating to carrying out eligible activities under section 855,
including the costs of staff necessary to carry out eligible
activities.”.
(g) Short-Term Supported Housing and Services. — Section
(42 U.S.C. 12907) is amended —
(1) in subsection (a) —
(A) in paragraph (3), by inserting before the period
at the end the following: “(except that health services under
this paragraph may only be provided to individuals with
acquired immunodeficiency syndrome or related diseases),
and providing technical assistance to eligible persons to
provide assistance in gaining access to benefits and services
for homeless individuals provided by the Federal Grovem-
ment and State and local governments”;
(B) by striking paragraphs (4) and (5); and
(C) by adding at the end the following new paragraphs:
“(4) Operation. — Providing for the operation of short-term
supported housing provided under this section, including the
costs of security, operation insurance, utilities, furnishings,
equipment, supplies, and other incidental costs.
^(5) Administration. — Providing staff to cai^ out the pro¬
gram under this section (subject to the provisions of section
856(g)).”; and
(2) in subsection (b) —
(A) in paragraph (2) —
(i) by strilang subparagraph (B);
(ii) in subparagraph (C), by striking “limitations
under subparagraphs (A) and (B)” and inserting
“limitation under subparagraph (A)”; and
(iii) by redesignating subparagraph (C) (as so
amended) as subparagraph (B); and
(B) in paragraph (3), by adding at the end the following
new subparagraph:
“(C) Waiver. — ^Notwithstanding subparagraphs (A) and
(B), the Secretary may waive the applicability of the
requirements under such subpara^aphs with respect to
any individual for which the project sponsor has made
106 STAT. 3810
PUBLIC LAW 102-550— OCT. 28, 1992
a good faith effort to acquire permanent housing (in accoi
ance with paragraph (4)) and has been unable to do sc
(h) Rental Assistance. —
(1) In general. — Section 859 (42 U.S.C. 12908)
amended —
(A) by striking the section heading and inserting t
following new section heading:
“SEC. 869. RENTAL ASSISTANCE.**;
(B) in the first sentence of subsection (a)(1), by striki
“short-term”; and
(C) by adding at the end the following new subsecti(
“(c) Administrative Costs. — ^A project sponsor providing ren
assistance under this section may use amounts from any gr£
received under this section for administrative expenses invoh
in providing such assistance, subject to the provisions of 856(g)(2
(2) Conforming amendment. — Section 855(3) (42 U.S
12904(3)) is amended by striking “short-term”.
(i) Community Residences and Services. — Section 861(c) (
U.S.C. 12910(c)) is amended —
(1) in paragraph (IXC), by inserting before the period
the end the following: “, and expenses relating to commun
outreach and educational activities regarding acquii
immunodeficiency syndrome and related diseases provided
individuals residing in proximity of eligible persons assist
under this subtitle”; and
(2) by striking paragraph (3) and inserting the follow]
new paragraph:
“(3) Administrative expenses.— For administrat
expenses related to the planning and carrying out activit
under this section (subject to the provisions of section 856(g)
(j) Eligibiuty of Families.—
(1) Section 852 (42 U.S.C. 12901) is amended by insert;
“and families of such persons” before the period at the e
(2) Section 854(cX3) (42 U.S.C. 12903(c)(3)) is amenc
by striking “persons with acquired immunodeficiency syndror
and inserting “eligible persons” each place it appears.
(3) Section 855 (42 U.S.C. 12904) is amended —
(A) in the matter preceding paragraph (1), by strik
“such persons with acquired immunodeficiency syndror
and inserting “eligible persons”; and
(B) in paragraph (5), by striking “with acqui:
immunodeficiency syndrome”.
(4) Section 856(c) (42 U.S.C. 12905(c)) is amended by sti
ing “such individuals” and inserting “such eligible persoi
(5) Action 858(aX3) (42 U.S.C. 12907(a)(3)) is amem
by striking “individuals” and inserting “eligible persons”.
(6) Section 859(bXl) (42 U.S.C. 12908(bXl)) is amem
by striking “individuals” and inserting “eligible persons”.
(7) Sections 859(bX2) and 860(bX2) (42 U.S.C. 12908
12909(bX2)) are amended by inserting “with acqui
immunodeficiency syndrome or related diseases” after “i
individual” each place it appears.
(8) Section 861(a) (42 tJ.S.C. 12910(a)) is amended by sti
ing “persons with acquired immunodeficiency syndrome
related diseases” and inserting “eligible persons .
PUBLIC LAW 102-550— OCT. 28, 1992
106 ST AT. 3811
(9) Section 861(bXlXAXiv) (42 U.S.C. 12910(bXlXAXiv))
is amended by striking ^such individuals’* and inserting ^such
eligible persons”.
(10) Section 861(dXl) (42 U.S.C. 12910(dXl)) is amended —
(A) in subparagraph (A), by striking ‘‘individuals” and
inserting “eligible persons”; and
(B) in subparagraph (D), by inserting “with acquired
immunodeficiency syndrome or related diseases” after “any
individual”.
(11) Subtitle D of title VIII of the Cranston-Conzalez
National Affordable Housing Act (42 U.S.C. 12901 et seq.)
is amended by striking “individuals with acquired
immunodeficiency syndrome or related diseases” each place
it appears in the following provisions and inserting “eligible
persons”:
(A) Section 856(c).
(B) Section 857.
(C) Section 858 —
(i) in subsection (a), in the matter preceding para¬
graph (1); and
(ii) in subsection (bXlXA);
(D) Section 859(aXl).
(E) Section 861 —
(i) in subsection (b); and
(ii) in subsection (d).
(k) Regulations.—
(1) Interim regulations.— Not later than the expiration
of the 30-day period beginning on the date of the enactment
of this Act, the Secretary of Housing and Urban Development
shall submit to the Congress a copy of proposed interim regula¬
tions implementing subtitle D of title VlII of the Cranston-
Conzalez National Affordable Housing Act (as amended by
this section). Not later than the expiration of the 45-day period
beginning on the date of the enactment of this Act, but not
before the expiration of the 15-day period beginning upon the
submission of the proposed interim regulations to the Congress,
the Secretary shall publish interim regulations implementing
such subtitle (as amended), which shall take effect upon
publication.
(2) Final regulations. — ^Not later than the expiration of
the 90-day period beginning upon the publication of interim
regulations under paragraph (1), the Secretary shall issue final
regulations implementing subtitle D of title VIII of the Cran-
ston-(jronzalez National Affordable Housing Act (as amended
by this section) after notice and opportunity for public comment
regarding the interim regulations, piursuant to the provisions
of section 553 of title 5, United States Code (notwithstanding
subsections (aX2), (bXB), and (dX3) of such section). The dura¬
tion of the period for public comment under such section 553
shall be not less than 60 days, and the final regulations shall
take effect upon issuance.
42 use 12905.
42 use 12906.
42 use 12907.
42 use 12908.
42 use 12910.
42 use 12901
note.
106 STAT. 3812
PUBLIC LAW 102-550— OCT. 28, 1992
Subtitle B — Authority for Public Housing
Agencies To Provide Designated Public
Housing and Assistance for Disabled
Families
SEC. 621. DEFINITIONS.
Paragraph 3 of section 3(b) of the United States Housing Act
of 1937 (42 U.S.C. 1437a(bX3)) is amended to read as follows:
“(3) Persons and families.—
“(A) Single persons. — The term Tamilies’ includes families
consisting of a single person in the case of (i) an elderly person,
(ii) a disabled person, (iii) a displaced person, (iv) the remaining
member of a tenant family, and (v) any other single persons.
In no event may any single person under clause (v) of the
first sentence be provided a housing unit assisted under tins
Act of 2 or more bedrooms. In determining priority for admis¬
sion to housing under this Act, the Secretary shall give pref¬
erence to single persons who are elderly, disabled, or displaced
persons before single persons who are eligible under clause
(v) of the first sentence.
“(B) Families. — ^The term ‘families’ means families with
children, in the cases of elderly families, near-elderly families,
and disabled families, means families whose heads (or theii
spouses), or whose sole members, are elderly, near-elderly, oi
persons with disabilities, respectively. The term includes, in
the cases of elderly families, near-elderly families, and disabled
families, 2 or more elderly persons, near-elderly persons, oi
persons with disabilities living together, and 1 or more such
persons living with 1 or more persons determined under the
regulations of the Secretary to be essential to their care oi
well-being.
“(C) Absence of children.— The temporary absence oi
a child from the home due to placement in foster care shal
not be considered in determining family composition and family
size.
“(D) Elderly person. — ^The term ‘elderly person’ meant
a person who is at least 62 years of age.
“(E) Person with disabilities.— The term ‘person with
disabilities’ means a person who —
“(i) has a disability as defined in section 223 of the
Social Security Act,
“(ii) is determined, pursuant to regulations issued b3
the Secretary, to have a physical, mental, or emotiona
impairment which (I) is expected to be of long-continue<
and indefinite duration, (II) substantially impedes his oi
her ability to live independently, and (III) is of such t
nature that such ability could be improved by more suitabh
housing conditions, or
“(iii) has a developmental disability as defined in sec
tion 102 of the Developmental Disabilities Assistance anc
Bill of Rights Act.
Such term shall not exclude persons who have the disease
of acquired immimodeficiency syndrome or any conditions aris
PUBLIC LAW 102-550— OCT. 28, 1992
106 STAT. 3813
ing from the etiologic agent for acquired immunodeficiency
syndrome.
“(F) Displaced person. — The term ‘displaced person’
means a person displaced by governmental action, or a person
whose dwelling has been extensively damaged or destroyed
as a result of a disaster declared or otherwise formally recog¬
nized pursuant to Federal disaster relief laws.
“(G) Near-elderly person. — ^The term ‘near-elderly per¬
son’ means a person who is at least 50 years of age but bmow
the age of 62.”.
EC. 622. AUTHORITY.
(a) In General. — Section 7 of the United States Housing Act
’ 1937 (42 U.S.C. 1437e) is amended to read as follows:
“designated housing
“Sec. 7. (a) Authority To Provide Designated Housing. —
“(1) In general. — Notwithstanding any other provision of
law, a public housing agency whose allocation plan imder sub¬
section (f) (and any biannual update) has been approved by
the Secretary may, to the extent provided in the allocation
plan, provide public housing projects (or portions of projects)
desimated for occupancy by (A) only elderly families, (B) only
disabled families (subject to the provisions of subsection (e)),
or (C) elderly and disabled families.
“(2) Priority for occupancy. — In determining priority for
admission to public housing projects (or portions of projects)
that are desi^ated for occupancy as provided in paragraph
(1), the public housing agency may make units in such projects
(or portions) available only to the types of families for wnom
the project is designated. Among such types of families. Pref¬
erence for occupancy in such projects (or portions) shall be
given according to the preferences for occupancy under section
6(c)(4)(A).
“(3) Eligibility of near-elderly families.— If a public
housing agency determines (in accordance with regulations
established by the Secretary) that there are insufficient num¬
bers of elderly families to fill all the units in a project (or
portion of a project) designated under paragraph (1) for occu¬
pancy by only elderly families, the agency may (pursuant to
the approved allocation plan under subsection (f) for the agency)
provide that near-elderly families who qualify for preferences
for occupancy under section 6(c)(4)(A) may occupy dwelling
units in the project (or portion).
“(4) Vacancy. — Notwithstanding the authority under para¬
graphs (1) and (2) to designate public housing projects (or
portions of projects) for occupancy by only certain t^es of
families, a public housing agency shall make any dwelling
unit that is ready for occupancy in such a project (or portion
of a project) that has been vacant for more than 60 consecutive
days generally available for occupancy (subject to the require¬
ments of this title) without regard to such designation.
“(b) Availability of Housing. —
“(1) Tenant choice. — ^The decision of any disabled family
not to occupy or accept occupancy in an appropriate type of
project or assistance made available to the family under this
Utle shall not adversely affect the family with respect to a
106 STAT. 3814
PUBLIC LAW 102-550— OCT. 28, 1992
public housing agenpy making available occupancy in other
appropriate projects in public housing or assistance under this
title.
“(2) Discriminatory selection.— Paragraph (1) shall not
apply to any fanndly who decides not to occupy or accept an
appropriate dwelling unit in public housing or to accept assist¬
ance under this Act on the basis of the race, color, religion,
sex, disability, familial status, or national ori^n of occupants
of housing or the surrounding area.
“(3) Appropriateness of dwelling units.— This section
may not be construed to require a public housing agency to
offer occupancy in any dwelling unit assisted under this Act
to any family who is not of appropriate family size for the
dwelling unit.
“(c) Prohibition of Evictions.— Any tenant who is lawfully
residing in a dwelling unit in the project may not be evicted or
otherwise required to vacate such unit because of the designation
of the project (or portion of a project) or because of any action
taken by the Secretary of Housing and Urban Development or
any public housing agency pursuant to this section.
*‘(d) Accommodation of Housing and Service Needs.— In
designing, developing, otherwise acquiring and operating, desigfnat-
ing, and providing housing and assistance under this title, each
public housing agency shall meet, to the extent practicable, the
housing ^d service needs of eligible families applying for assistance
under this title, as provided in any allocation plan of the agency
approved under subsection (D. To meet such needs, public housing
agencies may, wherever practicable and in accordance with any
allocation plan of the agency —
“(1) provide housing in which supportive services are pro¬
vided, facilitated, or coordinated, mixed housing, shared hous¬
ing, family housing, group homes, congregate housing, and
other housing as the public housing agency considers
appropriate;
“(2) carry out major reconstruction of obsolete public hous-
ing projects and reconfiguration of public housing dwelling
units; and
“(3) provide tenant-based assistance under section
811(b)(1).
“(e) Application for Designated Housing for Disabled
Families.—
“(1) Requirement. — ^A project (or portion of a project) may
be desimated under subsection (aXl) for occupancy by only
disabled fandlies only if the public housing agency administer¬
ing the project complies with the other requirements of this
section and the Secretary approves an application under this
subsection for such desimation. The Secretary shall establish
the form and procedures for submission and approval of applica¬
tions under this subsection.
“(2) Contents. — ^An application under this subsection shall
contain —
“(i) a description of the projects (or portions of
projects) to be designated (which may include ^oup
homes, independent living facilities, units in multifam¬
ily housing developments, condominium housing,
cooperative housing, and scattered site housing);
“(ii) a supportive service plan —
ruuijiu IjAW iuz-oou — uui . lyyz
iUb
“(I) describing the needs of persons with
disabilities that the housing is expected to serve;
“(II) providing for delivery of supportive serv¬
ices appropriate to meet the individual needs of
persons with disabilities occupying the housing;
“(III) describing the experience of the applicant
(or service providers) in providing such services;
“(IV) describing the manner in which such
services will be provided to such persons; and
“(V) identimng any State, local, other Federal,
or other funds available for providing such
services; and
“(iii) any other information or certification that
the Secretary considers appropriate.
“(3) Approval. — The Secretary may approve an application
under this subsection only if the Secreta^ determines that —
“(i) the persons with disabilities occupying the .
housing will receive supportive services based on their
individual needs;
“(ii) the applicant (or service providers) have suffi¬
cient experience in providing supportive services;
“(iii) residential supervision will be provided in
the housing sufficient to facilitate the provision of
supportive services; and
“(iv) the supportive services are adequately
designed to meet the special needs of the tenants.
“(4) Supportive services.— For purposes of this sub¬
section, the term ‘supportive services’ means services desig^ned
to meet the special needs of tenants, and may include meal
services, health-related services, mental health services, serv¬
ices for nonmedical counseling, meals, transportation, personal
care, bathing, toileting, hous^eeping, chore assistance, safety,
group and socialization activities, assistance with medications
(in accordance with any applicable State laws), case manage¬
ment, personal emergency response, and other appropriate
services.
“(f) Allocation Plans. —
“(1) Requirement. — ^A public housing agency may not des¬
ignate a project (or portion of a project) for occupancy under
subsection (a)(1) unless the agenc}^^ submits an allocation plan
under this subsection and the plan is approved under paragraph
(4) of this subsection.
“(2) Contents. — ^An allocation plan submitted under this
subsection by a public housing agency shall include —
“(A) a description of the projects (or portions of projects)
to be desigpiated and the types of tenants occupying such
projects (or portions);
“(B) a aescription of the estimated pool of applicants
for such housing, based on the waiting lists for such hous¬
ing, and any information collected in the comprehensive
housing affordability strategy under section 105 of the
Cranston-Gonzalez National Affordable Housing Act for the
jurisdiction within which the area served by the public
housiim agency is located;
“(C) a statement identifying the projects or portions
of projects (including the buildings or floors) to be des¬
ignated for occupancy under subsection (a)(1) for only cer-
106 STAT. 3816
PUBLIC LAW 102-550— OCT. 28, 1992
tain types of families, the types of families who will be
eligible for occupancy in such projects (or portions), and
the reasons for the designation;
“(D) documentation of the number of units in the
projects (or portions) identified under subparagraph (C)
whidi became vacant and available for occupancy during
the preceding year;
“(E) an estimate of the number of units in the projects
(or portions) identified under subparagraph (C) that will
become vacant and available for occupancy during the ensu¬
ing 2-year period;
“(F) a description of the occupancy policies and proce¬
dures, including procedures for maintaining waiting lists
for eligible applicants who are elderly families or disabled
families for occupancy in units in projects administered
by the agency sufficient to document the number and dura¬
tion of instances in which housing assistance for eligible
applicants will be denied or delayed by the agency because
01 a lack of appropriately designated units;
“(G) a plan for securing sufficient additional resources
that the agency owns, controls, or has received preliminary
notification that it will obtain, or for which the agency
plans to apply, that will be sufficient to provide assistance
to not less than the number of nonelderly disabled families
that would have been housed if occupancy in such units
were not restricted pursuant to this section; and
“(H) any comments of agencies, organizations, or per¬
sons with whom the public housing agency consults under
paragraph (3).
^‘(3) Development. — In preparing the initial allocation
plan, or updates of a plan under para^aph (5), for submission
under this subsection, a public housing agency shall consult
with the State or unit of general local government in whose
jurisdiction the area served by the public housing agency is
located, public and private service providers, advocates for the
interest of eligible elderly families, disabled families, and fami¬
lies with children, and other interested parties.
“(4) Approval.—
“(A) Criteria. — ^The Secretary shall approve an alloca¬
tion plan, or an updated plan, submitted under this sub¬
section if the Secretary determines that, based on the plan
and comments submitted pursuant to paragraph (2)(H) —
“(i) the information contained in the plan is com¬
plete and accurate and the projections are reasonable;
“(ii) implementation of the plan will not result
in excessive vacancy rates in projects (or portions of
projects) identified in paragraph (2)(C); and
“(hi) the plan under paragraph (2)(G) can reason¬
ably be achieved.
“(B) Notification.—
“(i) In general. — ^The Secretary shall notify each
public housing agency submitting an allocation plan
under this subsection in writing of approval or dis¬
approval of the plan.
“(ii) Timing. — ^A plan shall be considered to be
approved if the Secretary does not notify the public
housing agency of approval or disapproval of the initial
PUBLIC LAW 102-550— OCT. 28, 1992
106 STAT. 3817
or revised plan within (I) 90 days after the submission
of any plan that contains comments pursuant to para¬
graph (2)(H), or (II) 45 days for aiw other plan.
“(iii) Resubmission. — ^If the Secretary disapproves
the plan, the Secretary shall, for a period of not less
than 45 days following the date of disapproval, permit
amendments to, or resubmission of, the plan.
“(C) Rule of construction.— The approval of an
allocation plan or updated plan under this subsection may
not be construed to constitute approval of any request
for assistance for major reconstruction of obsolete projects,
assistance for development or acquisition of public nousing,
or assistance under section 811(bXl) of the Cranston-Gon-
zalez National Affordable Housing Act, that are contained
in the plan pursuant to subparagraph (H).
“(5) Biannual update.—
“(A) In general. — Each public housing agency that
owns or operates a project (or portion of a project) that
is designated for occupancy under subsection (a)(1) shall
update the plan of the agency under this subsection not
less than once every 2 years, as the Secretary shall provide.
The Secretary shall notify each public housing agency
submitting an updated plan under this paragraph of
approval or disapproval of the updated plan as required
under paragraph (4XB), and the provisions of such para¬
graph shall apply to updated plans under this paragraph.
“(B) Contents. — The updated plan shall include —
“(i) a review of the data and projections contained
in the allocation plan and the most recent update
submitted under this subsection;
“(ii) an assessment of the accuracy of the projec¬
tions contained in such plan and update;
“(iii) a statement oi the number of times a vacancy
was filled pursuant to subsection (a)(4);
“(iv) a statement of the number of times an applica¬
tion for housing assistance by an elimble applicant
was denied or delayed because of a lack of appro¬
priately designated units; and
“(v) a plan for adjusting the allocation, if necessary,
in accordance with the needs identified pursuant to
this subparagraph.
“(C) Standards for approval. — ^The Secretary shall
establish standards for preparation, submission, and
approval of updated plans.
“(g) PROHIBITION OF Coercion. — No elderly or disabled family
^siding in any public housing project may be required to accept
Brvices.”.
(b) Occupancy Preferences. — ^The matter preceding clause
) in section 6(c)(4)(A) of the United States Housing Act of 1937
12 U.S.C. 1437d(c)(4)(A)) is amended by striking “specifically des-
piated for elderly families” and inserting “designated for occupancy
rsuant to section 7(a)”.
(c) Definitions. — Section 3(c) of the United States Housing
Lct of 1937 (42 U.S.C. 1437a(c)) is amended by inserting after
project.” the following new paragraphs:
“(4) The term ‘congregate housing’ means low-rent housing
dth which there is connected a central dining facility where whole-
►6 STAT. 3818
PUBLIC LAW 102-550— OCT. 28, 1992
I
some and economical meals can be served to occupants. Expendi¬
tures incurred by a public housing agency in the operation of
a central dining facility in connection wiui congregate housing
(other than the cost of providing food and service) shall be consid¬
ered a cost of operation of the project.
“(5) TTie terms ‘group home’ and ‘independent living facilit)r’
have the meanings given such terms in section 811(k) of the Cran-
ston-(ionzalez National Affordable Housing Act.
SEC. 623. TENANT-BASED ASSISTANCE FOR PERSONS WITH
DISABILITIES.
(a) In General. — Section 811 of the Cranston-Gonzalez
National Affordable Housing Act (42 U.S.C. 8013) is amended —
(1) by amending the section heading to read as follows:
‘^SEC. 811. SUPPORTIVE HOUSING FOR PERSONS WITH DISABILmES.”;
(2) in subsection (b) —
(A) in the matter following paragraph (2) —
(i) by moving such matter 2 ems to the right;
and
(ii) by striking “Such assistance” and inserting
“assistance under this paragraph”;
(B) by striking the subsection heading and all that
follows through the end of paragraph (2) and inserting
the following:
“(b) Authority To Provide Assistance.— The Secretary is
authorized —
“(1) to provide tenant-based rental assistance to elimble
persons with disabilities, in accordance with subsection (dX4);
and
“(2) to provide assistance to private, nonprofit organizations
to expand the supply of suppomve housing for persons with
disabilities, which sWll be provided as —
“(A) capital advances in accordance with subsection
(dXD, and
“(B) contracts for project rental assistance in accord¬
ance with subsection (d)(2);”;
(3) in subsection (d>—
(A) in paragraphs (1) and (3), by striking “this section”
and inserting “subsection (bX2)”; and
(B) by adding at the end the following new paragraph —
“(4) Tenant-Based Rental Assistance.— Tenant-based
rental assistance provided under subsection (bXl) may be pro¬
vided only through a public housing agency that has submitted,
and had approved, an allocation plan under section 7(f) of
the United States Housing Act of 1937, and a public housing
agency shall be eligible to apply under this section only for
the puiposes of providing such assistance. Such assistance shall
be made available to eligible persons with disabilities and
administered imder the same nnes that govern rental assist¬
ance made available under section 8 of the United States Hous¬
ing Act of 1937. In determining the amount of assistance
provided imder subsection (bXl) ibr a public housing agency,
the ^retarv shall consider the needs of the agency as
described in the allocation plan.”;
(4) in subsection (eXD, by striking “this section” and insert¬
ing “subsection (bX2)”;
PUBLIC LAW 102-550— OCT. 28, 1992
106 STAT. 3819
(5) in subsection (f), in the first and second sentences,
by striking "this section” and inserting "subsection (b)(2)”; and
(6) in subsection (g), by striking “this section” and inserting
“subsection (b)(2)”.
(b) Section 8 Assistance. — Section 8 of the United States
Housing Act of 1937 (42 U.S.C. 1437f), is amended by inserting
after subsection (h) the following new subsection:
“(i) The Secretary may not consider the receipt by a public
liousing agency of assistance under section 811(b)(i) of the Cran-
3ton-(jU)nzalez National Affordable Housing Act, or the amount
received, in approving assistance for the agency under this section
ar determining the amount of such assistance to be provided.”.
SEC. 624. DEVELOPMENT AND RECONSTRUCTION OF HOUSING FOR
DISABLED FAMILIES.
(a) Set-Aside of Major Reconstruction Funds for
Reconfiguration of Projects.— Section 5(jX2) of the United
States Housing Act of 1937 (42 U.S.C. 1437c(j)(2)), as amended
by the preceding provisions of this Act, is further amended by
adding at the end the following new subparagraph:
"(G)(i) In fiscal years 1993 and 1994, the Secretaiy shall commit
for use under clause (ii) not less than 5 percent of any amounts
reserved under subparagraph (A) for each such fiscal year.
"(ii) The amoimts referred to in clause (i) shall be available
to public housing agencies only for use for projects (or portions
of projects) designated for occupancy under section 7(aXl) and (e)
by disabled families.
"(iii) In allocating amounts reserved imder this subparagraph
among public housing agencies, the Secretary shall consider tne
need for any such amounts as identified in the allocation plans
submitted by agencies under section 7(f).”.
(b) Set-Aside of New Construction Funds for Housing
Designed for Disabled Families and Single Persons. — Section
5(j) of the United States Housing Act of 1937 (42 U.S.C. 1437c(j))
is amended by adding at the end the following new paragra^:
“(3)(A) In fiscal years 1993 and 1994, the Secretary shall reserve
for use imder subparagraph (B) not less than 5 percent of any
amoimts approved in appropriation Acts for each such fiscal year
for public housing grants under subsection (aX2) that are not des¬
ignated under such Acts for use under paragraph (2) of this
subsection for the substantial redesign, reconstruction, or redevelop¬
ment of existing public housing projects, buildings, or units.
“(B) Any amount reserved under subparagraph (A) shall be
available only to public housing agencies that nave designated
projects (or portions of projects) for occupancy under section 7(aXp
for use only for the costs of development or acquisition of public
housing projects or buildings designated for occupancy under section
7(aXl) and (e) by disabled families. A building so assisted may
ot contain more than 25 dwelling units, except that the Secretary
may (in the discretion of the Secretary) waive such limitation for
a building.
"(C) The Secretary shall carry out a competition for budget
uthority reserved under subparagraph (A) among eligible public
housing agencies and shall allocate such budget authority to public
housing agencies pursuant to the competition, based on (i) the
eed of the agency for such assistance (taking into consideration
he allocation plans submitted imder section 7(1) by agencies), and
106 STAT. 3820
PUBLIC LAW 102-550— OCT. 28, 1992
42 use 1437a.
42 use 1437d,
42 use 1437/.
42 use 1437o.
42 use 1437a
note.
42 use 13601.
(ii) the extent to which the public housing projects and buildings
to be developed or assisted meet the requirements of section 7(e).”.
(c) Requirement for Use of New Construction Funds for
Projects Designated for Elderly Famiues.— Section 5(jXl) of
the United States Housing Act of 1937 (42 U.S.C. 1437c(j)(l)) is
amended —
(1) in subparagraph (D), by striking “and” at the end;
(2) by redesignating subparagraph (E) as subparagraph
(F); and
(3) by adding at the end the following new subparagraph:
“(E) in the case of an application for development of projects
(or portions of projects) designated under section 7(aXl) for
occupancy for elderly families, only if the agency certifies to
the Secretary that the use of such assistance will assist in
expanding the housing available for eligible persons with
disabilities identified in the allocation plan for the agency
submitted under section 7(f); and”.
SEC. 625. CONFORMING AMENDMENTS.
(a) United States Housing Act of 1937.— The United States
Housing Act of 1937 (42 U.S.C. 1437 et seq.) is amended —
(1) in section 3(b)(5XB), by inserting “or disabled” after
“elderly”;
(2) in the last sentence of section 6(a), by striking “the
elderl}^” and inserting “elderly or disabled families”;
(3) in section 14(iXlXDXii), by striking “elderly families
and handicapped families” and inserting “elderly and disabled
families”; and
(4) in section 17(cX2)(GXi), by striking “the elderly” and
inserting “elderly families”.
(b) Housing and Community Development Act of 1974. —
The first sentence of section 209 of the Housing and Community
Development Act of 1974 (42 U.S.C. 1438) is amended by striking
“the elderly or the handicapped” and inserting “elderly or disabled
families”.
SEC. 626. INAPPUCABDLITY TO INDIAN PUBUC HOUSING.
The amendments made by this subtitle shall not apply with
respect to lower income housing developed or operated pursuant
to a contract between the Secretary of Housing and Urban Develop¬
ment and an Indian housing authority.
Subtitle C — Standards and Obligations of
Residency in Federally Assisted Housing
SEC. 641. COMPLIANCE BY OWNERS AS CONDITION OF FEDERAL
ASSISTANCE.
The Secretary of Housing and Urban Development shall require
owners of federally assisted housing (as such term is defined in
section 683(2)), as a condition of receiving housing assistance for
such housing, to comply with the procedures and requirements
established under this subtitle.
. 642. COMPLIANCE WITH CRITERIA FOR OCCUPANCY AS 42 USC 13602.
REQUIREMENT FOR TENANCY.
In selecting tenants for occupancy of units in federally assisted
sing, an owner of such housing shall utilize the criteria for
ipancy in federally assisted housing established by the Sec-
ry, by relation, under section 643. If an owner determines
; an appUcant for occupancy in the housing does not meet
1 criteria, the owner may deny such applicant occupancy.
. 643. ESTABUSHMENT OF CRITERIA FOR OCCUPANCY. 42 USC 13603.
(a) Task Force.—
(1) Establishment. — ^To assist the Secretary in establish¬
ing reasonable criteria for occupancy in federally assisted hous¬
ing, the l^cret€iry shall establish a task force to review all
rules, policy statements, handbooks, technical assistance memo¬
randa, and other relevant documents issued by the Department
of Housing and Urban Development on the standards and
obligations governing residency in federally assisted housing
and make recommendations to the Secretary for the establish¬
ment of such criteria for occupancy.
(2) Members. — ^The Secretory shall appoint members to
the task force, which shall include individuals representing
the interests of owners, managers, and tenants of federally
assisted housing, public housing agencies, owner and tenant
advocacy organizations, persons witn disabilities and disabled
families, organizations assisting homeless individuals, and
social service, mental health, and other nonprofit servicer
providers who serve federally assisted housing.
(3) Compensation. — Members of the task force shall not
receive compensation for serving on the task force.
(4) Duties. — ^The task force shall —
(A) review all existing standards, reg^ations, and
guidelines governing occupancy and tenant selection poli¬
cies in federally assisted housing;
(B) review all existing standards, regulations, and
guidelines governing lease provisions and other rules of
occupancy for federally assisted housing;
(C) determine whether the standards, regulations, and
guidelines reviewed under subparagraphs (A) and (B) pro¬
vide sufficient guidance to owners and managers of feder¬
ally assisted housing to —
(i) develop procedures for preselection inquiries
sufficient to determine the capacity of applicants to
comply with reasonable lease terms and conditions of
occupancy;
(ii) utilize leases that prohibit behavior which
endangers the health or safety of other tenants or
violates the rights of other tenants to peaceful enjoy¬
ment of the premises;
(iii) assess the need to provide, and appropriate
measures for providing, reasonable accommodations
required imder the Fair Housing Act and section 504
of the Rehabilitation Act of 1973 for persons with var¬
ious types of disabilities; and
(iv) comply with ci^ rights laws and regulations;
106 STAT. 3822
PUBLIC LAW 102-550— OCT. 28, 1992
Regulations.
Regulations.
(D) propose criteria for occupancy in federally assisted
housing, standards for the reasonable performance and
behavior of tenants of federally assisted housing, compli¬
ance standards consistent with the reasonable accommow-
tion of ^e requirements of the Fair Housing Act and
section 504 of the Rehabilitation Act of 1973, standards
for compliance with other civil rights laws, and procedures
for the eviction of tenants not complyii^ with such stand¬
ards consistent with sections 6 and 8 of the United States
Housing Act of 1937; and
(E) report to the Congress and the Secretary of Housing
and Urban Development pursuant to paragraph (7).
(5) Procedure. — ^In carrying out its duties, the task force
shall hold public hearings and receive written comments for
a period of not less than 60 days.
(6) Support. — ^The Secretary of Housing and Urban Devel¬
opment shall cooperate fully with the task force and shall
provide support staff and office space to assist the task force
in carrying out its duties.
(7) Reports. — ^Not later than 3 months after the date of
enactment of this Act, the task force shall submit to the S^-
retary and the Congress a preliminary report describing its
initim actions. Not later than 6 months after the date of enact¬
ment of this Act, the task force shall submit a report to the
Secretary and the Congress, which shall include —
(A) a description of its findings; and
(B) recommendations to revise such standards, regula¬
tions, and guidelines to provide accurate and complete guid¬
ance to owners and managers of federally assisted housing
as determined necessary imder paragrapn (4).
(b) Rulemaking.—
(1) Authority. — ^The Secretary shall, by regulation, estab¬
lish criteria for selection of tenants for occupancy in federally
assisted housing and lease provisions for such housing.
(2) Standards. — ^The criteria shall provide sufficient gmd-
ance to owners and managers of federally assisted housing
to enable them to (A) select tenants capable of complying with
reasonable lease terms, (B) utilize leases prohibiting behavior
which endangers the nealth or safety of others or violates
the right of other tenants to peaceful eiijo3nnent of the premises,
(C) comply with legal requirements to make reasonable accom¬
modations for persons with disabilities, and (D) comply with
civil rights laws. The criteria shall be consistent with the
requirements under subsections (k) and (1) of section 6 and
section 8(dXl) of the United States Housing Act of 1937 and
any similar contract and lease requirements for federally
assisted housing. In establishing the criteria, the Secretary
shall take into consideration the report of the task force under
subsection (aX7).
(3) Prcxjedure. — ^Not later than 90 days after the submis¬
sion of the final report under subsection (aX7), the Secretary
shall issue a notice of proposed rulemaking of the regulations
under this subsection providing for notice and opportunity for
public comment regarding the regulations, pursuant to the
provisions of section 553 oi title 5, United States Code (notwith¬
standing subsections UX2), (bXB), and (dX3) of such section).
The duration of the period for public comment under such
section 553 shall not be less than 60 days. The Secretary
shall issue final regulations under this subsection not later
than the expiration of the 60-day period berinning upon the
conclusion of the comment period, which shall take effect upon
issuance.
644. ASSISTED APPUCATIONS.
(a) Authority. — ^The Secretory shall provide that any individ-
or family applying for occupancy in federally assisted housing
y include in the application for the housing the name, address,
me number, and other relevant information of a family member,
nd, or social, health, advocacy, or other organization, and that
owner shall treat such information as confidential.
(b) Maintenance of Information.— The Secreta^ shall
uire the owner of any federally assisted housing receiving an
tUcation including such information to maintain such information
any applicants who become tenants of the housing, for the
poses of facilitating contact by the owner with such person
srganization to assist in provic&ig any services or special care
the tenant and assist in resolving any relevant tenancy issues
jing during the tenancy of such tenant.
(c) Limitations. — An owner of federally assisted housing may
require any individual or family applying for occupancy in
housing to provide the information described in subsection
ibtitle D— Authority To Provide Pref¬
erences for Elderly Residents and Units
for Disabled Residents in Certain Sec¬
tion 8 Assisted Housing
661. AUTHORITY.
Notwithstanding any other provision of law, an owner of a
ered section 8 housing project (as such term is defined in section
0 designed primarily for occupancy by elderly families may,
selecting tenants for units in the project that become available
occupancy, give preference to elderly families who have applied
occupancy in the housing, subject to the requirements of this
•title.
652. RESERVATION OF UNITS FOR DISABLED FAMILIES.
(a) Requirement. — ^Notwithstanding any other provision of law,
any project for which an owner gives preference in occupancy
dderly families pursuant to section 651, such owner shall (subject
sections 653, 654, and 655) reserve units in the project for
upancy only by disabled families who are not elderly or near-
erly families (and who have applied for occupancy in the housing)
he number determined under subsection (b).
(b) Number of Units. — Each owner required to reserve units
a project for occupancy under subsection (a) shall reserve a
nber of units in tne project that is not less than the lesser
(1) the number of units equivalent to the higher of —
Regulations.
42 use 13604.
42 use 13611.
42 use 13612.
106 STAT. 3824
PUBLIC LAW 102-550— OCT. 28, 1992
42 use 13613.
42 use 13614.
42 use 13615.
42 use 13616.
(A) the percentage of imits in the project that were
occupied by such disabled families upon the date of the
enactment of this Act; or
(B) the percentage of units in the project that were
occupied by such famiues upon Janu£^ 1, 1992; or
(2) 10 percent of the number of units in the project.
SEC. 6S3. SECONDARY PREFERENCES.
(a) Insufficient Elderly Families. — ^If an owner of a covered
section 8 housing project in which elderly families are given a
preference for occupancy pursuant to section 651 determines (in
accordEUice with reg^ations established by the Secretary) that there
are insufficient numbers of elderly families who have applied for
occupancy in the housing to fill all the units in the project not
reserved under section 652, the owner may rive preference for
Sancy of such units to ffisabled families who are near-elderly
ies and have applied for occupancy in the housing.
(b) Insufficient Non-Elderly Disabled Famiues. — ^If an
owner of a covered section 8 housing project in which elderly fami¬
lies are given a preference for occupancy pimsuant to section 651
determines (in accordance with regiuations established by the Sec¬
retary) that there are insufficient numbers of disabled families
who are not elderly or near-elderly families and have applied for
occupancy in the housing to fill all the units in the project reserved
under section 652, the owner may ^ve preference for occupancy
of units so reserved to disabled famihes wno are near-elderly fami¬
lies and have applied for occupancy in the housing.
SEC. 664. GENERAL AVAlLABILnY OF UNITS.
If an owner of a covered section 8 housing project in which
disabled families who are near-elderly families are riven a pref¬
erence for occupancy pursuant to subsection (a) or (p) of section
653 determines (in accordance with regulations established by the
Secretary) that there are an insufficient number of such families
to fill all the units in the project for which the preference is
applicable, the owner shall make such units generally available
for occupancy by families who have applied, and are eligible, for
occupancy in the housing, without regard to the preferences estab¬
lish^ pursuant to this subtitle.
SEC. 666. PREFERENCE WITHIN GROUPS.
Among disabled families qualifying for occupancy in units
reserved under section 652, and among elderly farcies and near-
elderly families qualifying for preference for occupancy pursuant
to section 651 or 653, preference for occupancy in units that are
assisted under section 8 of the United States Housing Act of 1937
shall be given to disabled families according to the preferences
for oc^pancy referred to in section 8(dXlXAXi) of the United States
Housing Act of 1937 and the first sentence of section 8(o)(3XB)
of such Act, to elderly families according to such preferences, and
to near-elderly families according to such preferences, respectively.
SEC. 666. PROmBmON OF EVICTIONS.
Any tenant who, except for reservation of a percentage of the
units of a projert pursuant to section 652 or any preference for
occupancy established pursuant to this subtitle, is la>^ully residing
in a dwelling unit in a covered section 8 housing project, may
not be evicted or otherwise required to vacate such unit because
PUBLIC LAW 102-550— OCT. 28, 1992
106 STAT. 3825
of the reservation or preferences or because of any action taken
by the Secretary of Housing and Urban Development or the owner
of the project pursuant to this subtitle.
SEC. 657. TREATMENT OF COVERED SECTION 8 HOUSING NOT SUB¬
JECT TO ELDERLY PREFERENCE.
If an owner of any covered section 8 housing project designed
primarily for occupancy by elderly families does not give preference
in occupancy to elderly families as authorized in this subtitle,
then elderly families (as such term was defined in section 3 of
the United States Housing Act of 1937 before the date of the
enactment of this Act) shall be eligible for occupancy in such housing
to the same extent that such families were eligible before the
date of the enactment of this Act.
SEC. 668. TREATMENT OF OTHER FEDERALLY ASSISTED HOUSING.
(a) Restricted Occupancy.— An owner of any federally
assisted project (or portion of a project) as described in subpara¬
graphs (D), (E), and (F) of section 683(2) that was designed for
occupancy by elderly families may continue to restrict occupancw
in such project (or portion) to elderly families in accordance with
the rules, standards, and agreements governing occupancy in such
housing in effect at the time of the development of the housing.
(b) Prohibition of Evictions. — Any tenant who is lawfully
residing in a dwelling unit in a housing project described in sub¬
section (a) may not be evicted or otherwise required to vacate
such unit because of any reservation or preferences under this
subtitle or because of any action taken by the Secretary of Housing
and Urban Development or the owner of the project pursuant to
this subtitle.
SEC. 669. COVERED SECTION 8 HOUSING.
For purposes of this subtitle, the term “covered section 8 hous¬
ing’’ means housing described in section 683(2XG) that was origi¬
nally designed for occupancy by elderly families.
SEC. 660. SECTION 8 PREFERENCE.
Section 8(d) of the United States Housing Act of 1937 (42
U.S.C. 1437f(<i)) is amended by adding at the end the following
new paragraph:
“(4) A public housing agency that serves more than one unit
of general local government may, at the discretion of the ^ency,
in allocating assistance under this section, give priority to disabled
families that are not elderly families.”.
SEC. 661. STUDY.
The Secretary of Housing and Urban Development shall conduct
a study to determine the extent to which Federal housing programs
serve elderly families, disabled families, and families with children,
in relation to the need of such families who are eligible for assist¬
ance under such programs. The Secretary shall submit a report
to the Congress describing the study and the findings of the study
not later than the expiration of the 1-year period beginning on
the date of the enactment of this Act.
42 use 13617.
42 use 13618.
42 use 13619.
Reports.
42 use 13620.
106 STAT. 3826
PUBLIC LAW 102-550— OCT. 28, 1992
42 use 13631.
Subtitle £ — Service Coordinators for El¬
derly and Disabled Residents of Feder¬
ally Assisted Housing
SEC. 671. REQUlREBfENT TO PROVIDE SERVICE COORDINATORS.
(a) In General. — To the extent that amounts are made avail¬
able to carry out this subtitle pursuant to the amendments made
by this subtitle, the Secretary shall require owners of covered
federally assisted housing projects (as such term is defined in
subsection (d)) receiving such amounts to provide for employing
or o^erwise retaining uie services of one or more individuals to
coordinate the provision of supportive services for elderly and dis¬
abled families residing in the projects (in this section referred
to as a “service coordinator”). No such elderly or disabled family
may be required to accept services.
(b) Responsibilities. — ^Each service coordinator of a covered
federally assisted housing project provided pursuant to this subtitle
or the amendments made by this subtitle —
(1) shall consult with the owner of the housing, tenants,
any tenant organizations, any resident management organiza¬
tions, service providers, and any other appropriate persons,
to identify the particular needs and characteristics oi elderly
^d disabled families who reside in the project and any support¬
ive services related to such needs and characteristics;
(2) shall manage and coordinate the provision of such serv¬
ices for residents of the project;
(3) may provide training to tenants of the project in the
obligations of tenancy or coordinate such training;
(4) shall meet the minimum qualifications and standards
required under section 802(dX4) of the Cranston-Gonzalez
National Affordable Housing Act; and
(5) may carry out other appropriate activities for residents
of the project.
(c) Ljcluded Services. — Supportive services referred to under
subsection (b)(1) may include health-related services, mental health
services, services for nonmedical counseling, meals, transportation,
personal care, bathing, toileting, housekeeping, chore assistance,
s^ety, group and socimization activities, assistance with medica¬
tions (in accordance with any applicable State laws), case manage¬
ment, personal emergency response, and other appropriate services.
The services may be provided through any agency of the Federal
Government or any other public or private department, agenegr,
or organization.
(d) Covered Federally Assisted Housing.— For purposes of
this subtitle, the term “covered federally assisted housing” means
housing that is federally assisted housing (as such term is defined
in section 683(2), except that such term does not include housing
described in subparagraphs (C) and (D) of such section.
SEC. 672. REQUIRED TRAINING OF SERVICE COORDINATORS.
^tion 802(dX4) of the Cranston-Gonzalez National Affordable
Housing Act (42 U.S.C. 8011(dX4)) is amended by inserting after
the period at the end of the first sentence beginning after simpara-
graph (E) the following new ^ntence: “Such qualifications and
standards shall include requiring each service coordinator to be
ned in the aging process, elder services, disability services,
ibility for and procedures of Federal and applicable State entitle-
it pro^ams, legal liability issues relating to providing service
rdination, di^ and alcohol use and abuse by the elderly, and
ital health issues.”.
67S. COSTS OF PROVIDING SERVICE COORDINATORS IN PUBUC
HOUSING.
Section 9(aXlXB) of the United States Housing Act of 1937
U.S.C. 1437^aXl)(B)) is amended —
(1) in tne first sentence, by redesignating clauses (i) and
(ii) as subclauses (I) and (II), respectively;
(2) in the second sentence —
(A) by striking “subpara^aph” and inserting “clause”;
(B) by inserting “or section 802 of the Cranston-Gon-
zalez National Affordable Housing Act” after “Congregate
Housing Services Act of 1978”; and
(C) by inserting a period after “section 811 of the
Cranston-Gkinzalez National Affordable Housing Act”;
(3) by inserting “(i)” after the subparagraph designation;
and
(4) by adding at the end the following new clause;
“(ii) Annual contributions under this section to any public hous-
agency for any project mav be used, with resp^t to such
iect, for (I) the cost of employing or otherwise retcdning the
dees of one or more service coordinators imder section 661
he Housing and Community Development Act of 1992 to coordi-
e the provision of any supportive services within the project
residents of the project who axe elderly families and (hsabled
ilies, and (II) expenses for the provision of such services for
li residents of the project. Not more than 15 percent of the
; of the provision of such services may be provided under this
;ion. Services may not be provided under this clause for any
son receiving assistance under the Con^egate Housing Services
of 1978 or section 802 of the Cranston-^nzalez National Afford-
i Housing Act. The budget authority available under section
for assistance under this section is authorized to be increased
$30,000,000 on or after October 1, 1992, and by $30,000,000
r after October 1, 1993. Amounts made available under this
ise shall be used to provide additional annual contributions
»ublic housing agencies only for the purpose of providing service
rdinators and services under this clause for public housing
iects.”.
I. 674. COSTS OF PROVIDING SERVICE COORDINATORS IN
PROJECT-BASED SECTION 8 HOUSING.
Section 8(dX2) of the United States Housing Act of 1937 (42
.C. 1437f(dX2)) is amended by adding at the end the following
r subparagraph:
“(F)(i) In determining the amount of assistance provided under
assistance contract for project-based assistance under this para¬
ph or a contract for assistance for housing constructed or
stantially rehabilitated pursuant to assistance provided under
;ion 8(bX2) of this Act (as such section existed immediately
>re October 1, 1983), the Secretory may consider and annually
list, with respect to such project, for tne cost of emplo^ng or
erwise retainmg the services of one or more service coordinators
ler section 661 of the Housing and Community Development
106 STAT. 3828
PUBLIC LAW 102-550— OCT. 28, 1992
42 use 13632.
Act of 1992 to coordinate the provision of any services within
the project for residents of the project who are elderly or disabled
families.
“(ii) The budget authority available under section 5(c) for assist¬
ance under this section is authorized to be increased by $15,000,000
on or after October 1, 1992, and by $15,000,000 on or after October
1, 1993. Amounts made available under this subparagraph shall
be used to provide additional amounts under annual contributions
contracts for assistance imder this section which shall be made
available through assistance contracts only for the purpose of
providing service coordinators under clause (i) for projects receiving
project-based assistance imder this paragraph ana to provide addi¬
tional amounts imder contracts for assistance for projects con¬
structed or substantially rehabilitated pursuant to assistance pro¬
vided under section 8(dX2) of this Act (as such section existed
immediately before October 1, 1983) only for such purpose.”.
SEC. 676. COSTS OF PROVIDING SERVICE COORDINATORS FOR FAMI¬
LIES RECEIVING FEDERAL TENANT-BASED ASSISTANCE.
Section 8(q) of the United States Housing Act of 1937 (42
U.S.C. 1437f(q)) is amended —
(1) by redesignating paragraph (3) as paragraph (4); and
(2) by inserting after paragraph (2) the following new
paragraph:
^*(3XA) Fees under this subsection may be used for the costs
of employing or otherwise retaining the services of one or more
service coormnators under section 661 of the Housing and Commu¬
nity Development Act of 1992 to coordinate the provision of support¬
ive services for elderly families and disabled families on whose
behalf tenant-based assistance is provided under this section or
section 811(bXl). Such service coordinators shall have the same
responsibilities with respect to such families as service coordinators
of covered federally assisted housing projects have under section
661 of such Act with respect to residents of such projects.
“(B) To the extent amounts are provided in appropriation Acts
under subparagraph (C), the Secretary shall increase fees under
this subsection to provide for the costs of such service coordinators
for public housing agencies.
“(C) The budget authority available under section 5(c) for assist¬
ance under this section is authorized to be increased by $5,000,000
on or after October 1, 1992, and by $5,000,000 on or after
October 1, 1993. Amounts made available under this subparagraph
shall be used to provide additional amounts under annual contribu¬
tions contracts for increased fees under this subsection, which shall
be used only for the purpose of providing service coordinators for
public housing agencies described m subparagraph (A).”.
SEC. 876. GRANTS FOR COSTS OF PROVIDING SERVICE COORDINA¬
TORS IN MULTIFAMILY HOUSING ASSISTED UNDER
NATIONAL HOUSING ACT.
(a) Authority. — The Secretaiy may make grants under this
^tion to owners of federally assisted housing projects described
in subparagraphs (E) and (F) of section 683(2). Any grant amounts
shall be used for the costs of employing or otherwise retaining
the services of one or more service coordinators under section 661
to ^rdinate the provision of any services within the project for
residents of the project who are elderly families and disaoled fami¬
lies (as such terms are defined in section 683 of this Act).
PUBLIC LAW 102-550— OCT. 28, 1992
106 STAT. 3829
(b) Appucation and Selection.— The Secretary shall provide
^e form and manner of applications for grants under this
tion and for selection of applicants to receive such grants.
(c) Authorization of Appropriations.— There are authorized
be appropriated for fiscal years 1993 and 1994 such sums as
y be necessary for grants under this section.
(d) Eugible ftiojECT Expense.— For any federally assisted
ising project described in subparagraph (E) or (F) of section
1(2) that does not receive a grant under this section, the cost
mploying or otherwise retaining the services of one or more
vice coordinators imder section 661 and not more than 15 percent
the cost of providing services to the residents of the project
dl be considered an eligible project expense, but only to the
ent that amounts are available from project rent and other
ome for such costs.
1 677. EXPANDED RESPONSmiUTIES OF SERVICE COORDINATORS
IN SECTION 202 HOUSING.
(a) Supportive Housing for the Elderly.— Section 202(g)
the Housing Act of 1959 (12 U.S.C. 1701q(g)), as amended by
ion 801 of the Cranston-Cionzalez National Affordable Housing
is amended —
(A) in paragraph (2), by striking the last sentence; and
(B) by adding at the end the following new paragraph:
**(3) Service coordinators. — ^Any cost associated with
employing or otherwise retaining a service coordinator in hous¬
ing assisted under this section shall be considered an eligible
cost under subsection (cX2). If a project is receiving congregate
housing services assistance under section 802 of the Cranston-
(jionzalez National Affordable Housing Act, the amount of costs
provided under subsection (c)(2) for the project service coordina¬
tor may not exceed the additional amount necessary to rover
the costs of providing for the coordination of services for resi¬
dents of the project who are not eligible residents under such
section 802. To tne extent that amounts are available pursuant
to subsection (cX2) for the costs of carrying out this paragraph
within a project, an owner of housing assist under this section
shall provide a service coordinator for the housing to coordinate
the provision of services under this subsection within the hous-
mg. .
(b) Old Section 202 Projects.— 12 use noiq
(1) Availability of section s assistance.— Subject to the
availabilitv of appropriations for contract amendments for the
purpose of this para^aph, in determining the amoimt of assist¬
ance under section 8 of the United States Housing Act of
1937 to be provided for a project assisted imder section 202
of the Housing Act of 1959, as in effect before the effectiveness
of the amendments made by section 801 of the Cranston-Gon-
zalez National Affordable Housing Act, the Secretary shall con¬
sider (and annually adljust for) the costs of—
(A) employing or otherwise retaining the services of
one or more service coordinators under section 661 of this
Act to coordinate the provision of any services within ^e
proiect for residents of the project who are elderly families
and disabled families; and
(B) expenses for ^e provision of such services.
106 STAT. 3830
PUBLIC LAW 102-550— OCT. 28, 1992
Not more than 15 percent of the cost of the provision of services
under subparagraph (B) may be considered under this para¬
graph for purposes of determining the amount of assistance
provided.
(2) INAPPUCABIUTY OF HUD REFORM ACT PROVISIONS.— Not¬
withstanding section 102 of the Department of Housing and
Urban Development Reform Act of 1989, the provisions of para¬
graphs (1), (2), and (3) of subsection (a) of such section shall
not apply to amendments to contracts under section 8 of the
United States Housing Act of 1937 made to carry out the
purposes of paragraph (1) of this subsection.
(3) Limitation. — If a project is receiving congregate hous¬
ing services assistance under the Congregate Housing Services
Act of 1978 or section 802 of the Cranston-Gonzalez National
Affordable Housing Act, the amount of costs provided pursuant
to paragraph (1) for the project may not exceed the additional
amount necessary to cover the costs of providing for the
coordination of services for residents of the prmect who are
not eligible residents under such section 802 or eligible project
residents imder the Congregate Housing Services Act of 1978,
as applicable.
Subtitle F — General Provisions
SEC. 681. COMPREHENSIVE HOUSING AFFORDABILITY STRATEGIES.
Section 105(b) of the Cranston-Gonzalez National Affordable
Housing Act (42 U.S.C. 12706(b)) is amended —
(1) in paran^h (1) by inserting “persons with disabilities,”
after “the elderly, , and
(2) by adding after paragraph (16), as added by the preced¬
ing provisions of this Act, the following new paragraph:
“(17) describe the jurisdictions activities to enhance
coordination between public and assisted housing providers
and private and governmental health, mental heEdth, and serv¬
ice agencies.”.
SEC. 682. CONFORMING AMENDMENTS.
(a) Public Housing. — Section 6(cX4) of the United States Hous¬
ing Act of 1937 (42 U.S.C. 1437d(cX4)) is amended —
(1) by striking “and” at the end of subparagraph (D);
(2) by striking the period at the end of subparagraph (E)
Euid inserting and”; and
(3) by adding at the end the following new subparagraph:
“(F) requiring the public housing agency to ensure
and maintain compliance with subtiue C of title VI of
the Housing and Community Development Act of 1992
and any reg^ations issued under such subtitle.”.
(b) Project-Based Section 8 Housing.— Section 8(dX2) of the
United States Housing Act of 1937 (42 U.S.C. 1437f(dX2)), as
amended by section 664 of this Act, is further amended by adding
at the end &e following new subparagraphs:
“(G) An assistance contract for project-based assistance
under tlus paragraph shall provide that the owner shall ensure
and maintmn compliance with subtitle C of title VI of the
Housing and Community Development Act of 1992 and any
regulations issued under such subtitle.
PUBLIC LAW 102-550— OCT. 28, 1992
106 STAT. 3831
‘‘(H) Notwithstanding subsection (dXlXAXi), an owner of
a covert section 8 housing project (as such term is defined
in section 669 of the Housing and Community Development
Act of 1992) may give preference for occupancy of dwelling
units in the project, and reserve units for occupanQ^ in accord*
ance with subtitle D of title VI of the Housing and Community
Development Act of 1992.”.
(c) Supportive Housing for the Elderly.— Section 202 of
he Housing Act of 1959 (12 U.S.C. 1701q), as amended bjr section
iOl of the Cranston-Cionzalez National Affordable Housing Act,
3 amended —
(1) in subsection (iXD, by inserting after the first sentence
the following new sentence: “Such tenant selection procedures
shall comply with subtitle C of title VI of the Housing and
Community Development Act of 1992 and any regulations
issued under such subtitle.”: and
(2) in subsection (j), by adding after paragraph (6) (as
added by section 601(d) of this Act) the following new para¬
graph:
“(7) Compliance with housing and communtty develop¬
ment ACT OF 1992. — ^Each Owner shaU operate housing assisted
under this section in compliance with subtitle C of title VI
of ilie Housing and Community Development Act of 1992 and
any regulations issued under such subtitle.”.
iEC. 683. DEFINITIONS.
For purposes of this title:
U) Elderly, disabled, and near-elderly families.— The
terms “elderly family”, “disabled family”, and “near-elderly fam¬
ily” have the meamn^ given the terms under section 3(bX3)
of the United States Housing Act of 1937.
(2) Federally assisted housing.— The terms “federally
assisted housing” and “project” mean —
(A) a public housing project (as such term is defined
in section 3(b) of the United States Housing Act of 1937);
(B) housing for which project-based assistance is pro¬
vided under s^ion 8 of tne United States Housing Act
of 1937;
(C) housing that is assisted under section 202 of the
Housing Act of 1959 (as amended by section 801 of the
Cranston-Gonzalez National Affordable Housing Act);
(D) housing that is assisted under section 202 of the
Housing Act of 1959, as such section existed before the
enactment of the Cranston-Gonzalez National Affordable
Housing Act;
(E) housing financed by a loan or mortgage insured
under section 221(dX3) of the National Housing Act that
bears interest at a rate determined under the proviso of
section 221(dX5) of such Act;
(F) housing insured, assisted, or held by the Secretary
or a State or State agency under section 236 of the Nationsu
Housing Act; and
(G) housing constructed or substantially rehabilitated
pursuant to assistance provided under se^on 8(bX2) of
th^ United States Housing Act of 1937, as in effect before
October 1, 1983, that is assisted under a contract for assist¬
ance under sudi section.
42 use 13641.
106 STAT. 3832
PUBLIC LAW 102-550— OCT. 28, 1992
42 use 13642.
42 use 13643.
(3) Housing assistance.— The term "lious^ assistence”
means, with respect to federally assisted housing, the grant,
contribution, capital advance, loan, mortgage insurance, or
other assistance provided for the housiim under the provisions
of law referred to in paragraph (2). Tiie term also includes
any related assistance provided for the housing by the Sec¬
retary, including any rental assistance for low-income occu¬
pants.
(4) Owner.— The term “owner” means, with respect to fed¬
erally assisted housing, the entity or private person, including
a cooperative or pubuc housing agency, that has the legal
right to lease or sublease dwelling umts in such housing.
(5) Secretary.— The term “Secretary” means the Secretary
of Housing and Urban Development.
SEC. 684. APPUCABIUTY.
Except as otherwise provided in subtitles B through F of this
title and tee amendments made by such subtitles, such subtitles
and the amendments made by such subtitles shall apply upon
the expiration of tee 6-month period beginning on tee date of
the enactment of this Act.
SEC. 68S. REGULATIONS.
The Secretary shall issue regulations necessary to carry out
subtitles B through F of this title and tee amendments made
by such subtitles not later than tee expiration of the 6-monte
period beginning on the date of tee enactment of this Act. The
regidations shall be issued after notice and opportunity for public
comment pursuant to tee provisions of section 553 of title 5, United
States Code (notwithstanding subsections (aX2), (bXB), and (dX3)
of such section).
TITLE Vn— RURAL HOUSING
SEC. 701. PROGRAM AUTHORIZATIONS.
(a) Insurance and Guarantee Authority.— Section 513(aXl)
of the Housing Act of 1949 (42 U.S.C. 1483(aXl)) is amended
to read as follows:
“(a) In General.— (1) The Secretary may, to the extent
approved in appropriation Acts, insure and. guarantee loans under
tl^ title during fiscal years 1993 and 1994, in aggregate amounts
not to exceed $2,446,855,600 and $2,549,623,535, respectively, as
follows:
“(A) For insured or guaranteed loans under section 502
on behalf of low-income iMrrowers receiving assistance under
section 521(aXl), $1,676,484,000 for fiscal year 1993 and
$1,746,896,328 for fiscal year 1994.
“(B) For guaranteed loans under section 502(h) on behalf
of low- and moderate-income borrowers, such sums as may
be appropriated for fiscal years 1993 and 1994.
“(C) For loans under section 504, $12,400,000 for fiscal
year 1993 and $12,920,800 for fiscal year 1994.
“(D) For insu^ loans under section 514, $16,821,600 for
fiscal year 1993 and $17,628,107 for fiscal year 1994.
“(E) For insured loans under section 515, $739,500,000
for fiscal year 1993 and $770,669,000 for fiscal year 1994.
PUBLIC LAW 102-550— OCT. 28, 1992
106 STAT. 3833
‘"(F) For loans under section 523CbXlXB), $800,000 for fiscal
year 1993 and $833,600 for fiscal year 1994.
“(G) For site loans under section 524, $850,000 for fiscal
year 1993 and $885,700 for fiscal year 1994.”.
(b) Authorization op Appropriations.— Section 613(b) of the
ousing Act of 1949 (42 U.S.C. 1483(b)) is amended to read as
Hows:
“(b) Authorization of Appropriations.— There are authorized
be appropriated for fiscal years 1993 and 1994, and to remain
callable until expended, the following amounts:
“(1) For grants under section 502(fXl), $1,100,000 for fiscal
year 1993 and $1,146,200 for fiscal year 1994.
“(2) For grants under section 504, $21,100,000 for fiscal
year 1993 and $21,986,200 for fiscal year 1994.
“(3) For purposes of section 509<c), $600,000 for fiscal year
1993 and $625,200 for fiscal year 1994.
“(4) For prmect preparation grants under section 509(fX6),
$5,300,000 in fiscal year 1993 and $5,522,600 in fiscal year
1994.
“(5) In fiscal years 1993 and 1994, such sums as may
be necessary to meet payments on notes or other obligations
issued by the Secretary under section 511 equal to —
“(A) the aggregate of the contributions made by the
Secretary in the form of credits on principal due on loans
made pursuant to section 503; and
“(H) the interest due on a similar sum represented
bv notes or other obligations issued by the Secretj^.
“(6) For grants for service coordinators under section 515(y),
$1,000,000 in fiscal year 1993 and $1,042,000 in fiscal year
1994.
“(7) For financial assistance under section 516 —
“(A) for low-rent housing and related facilities for
domestic farm labor under subsections (a) through (j) of
such section, $21,700,000 for fiscal year 1993 and
$22,611,400 for fiscal vear 1994; and
“(B) for housing for rural homeless and migrant farm¬
workers under subsection (k) of such section, $10,500,000
for fiscal year 1993 and $10,941,000 for fiscal year 1994.
“(8) For grants under section 523(f), $13,900,000 for fiscal
year 1993 and $14,483,800 for fiscal year 1994.
“(9) For OTants under section 533, $30,800,000 for fiscal
year 1993 and $32,093,600 for fiscal year 1994.”.
(c) Rental Assistance Payment Contracts.— Section
L3(cXl) of the Housing Act of 1949 (42 U.S.C. 1483(cXl)) is
nended to read as follows:
“(c) Rental Assistance.— (1) The Secretary, to the extent
^proved in appropriations Acts for fiscal years 1993 and 1994,
Lay enter into rental assistance payment contracts under section
21(aX2XA) aggregating $414,100,000 for fiscal year 1993 and
131,492,200 for fiscal year 1994.”.
(d) Supplemental Rental Assistance Payment Contracts.—
ection 513(d) of the Housing Act of 1949 (42 U.S.C. 1483(d))
amended to read as follows:
“(d) Supplemental Rental Assistance Contracts.— The Sec-
)tary, to the extent approved in appropriations Acts for fiscal
sars 1993 and 1994, may enter into 5-year supj^emental rental
sistance contracts under section 502(cX5XD) aggregating
$12,178,000 for fiscal year 1993 and $12,689,476 for fiscal year
1994.”.
(e) Rental Housing Loan Authority.— Section 516(bX4) of
the Housing Act of 1949 (42 U.S.C. 1485(bX4)) is amend^ by
striking^^September 30, 1992” and inserting ‘‘l^ptember 30, 1994 .
(f) Rural Housing Voucher Program.— Section 513(e) of the
Housing Act of 1949 (42 U.S.C. 1483(e)) is amended to read as
foUows:
“(e) Authorization op Appropriations.— There are authorized
to be appropriated for rural housing vouchers under section 542,
$130, 006,000 for fiscal year 1993 and $140,000,000 for fiscal year
1994.”.
(g) Deferred Mortgage Demonstration.— Section 502(gX3)
of the Housing Act of 1949 (42 U.S.C. 1472(gX3)) is amended
by striking “1991 and 1992” and inserting “1993 and 1994”.
SEC. 702. EUGmiLITY OF HOMES ON LEASED LAND OWNED BY
COMMUNITY LAND TRUSTS FOR SECTION S02 LOANS.
(a) Eligibility. — Section 502(a) of the Housing Act of 1949
(42 U.S.C. 1472(a)) is amended by adding at the end the following
new paragraph:
“(3XA) Notwithstanding any other nrovision of this title, a
loan may be made under this section for tne purchase of a dwelling
located on land owned by a community land trust, if the borrower
and the loan otherwise meet the requirements applicable to loans
under this section.
“(B) For purposes of this paragraph, the term ‘community land
trust’ means a community housing development organization as
such term is defined in section 104 of ^e Cranston-Gonzalez
National Affordable Housing Act (except that the requirements
under section 104(6XC) and section 104(6XD) shall not apply for
purposes of this paragraph) —
“(i) that 18 not sponsored by a for-profit organization;
“(ii) that is established to carry out the activities under
clause (iii);
“(iii) that —
“(I) acquires parcels of land, held in perpetuity, pri¬
marily for conveyance under long-term ground leases;
“(II) transfers ownership of any structural improve¬
ments located on such leas^ parcels to the lessees; and
“(III) retains a preemptive option to purchase Emy such
structural improvement at a price determined by formula
that is designed to ensure that the improvement remains
affordable to low- and moderate-income families in perpetu¬
ity; and
“(iv) that has its corporate membership open to any adult
resident of a particular ^graphic area specified in the bylaws
of the brganization.”.
(b) Recapture. — Section 521(aXlXD) of the Housing Act of
1949 (42 U.S.C. 1490a(aXlXD)) is amended —
(1) by inserting “(i)” after “(D)”; and
(2) by adding at Ihe end the following new clause:
“(ii) In determinmg the amount recaptured under this subpara¬
graph with respect to any loan made pursuant to section 502(aX3)
for the purchase of a dwelling located on land owned by a commu¬
nity land trmt, the Secretary shall determine any appreciation
of the dwelling beised on any agreement between the borrower
PUBLIC LAW 102-550— OCT. 28, 1992
106 STAT. 3835
1 the community land trust that limits the sale price or apprecia-
[i of the dwelling.”.
703. MAXIMUM INCOBfE OF BORROWERS UNDER GUARANTEED
LOANS.
Section 502(hX2) of the Housing Act of 1949 (42 U.S.C.
^2(hX2)) is amended by inserting “116 percent or after “exceed”.
704. REMOTE RURAL AREAS.
Section 502(f) of the Housing Act of 1949 (42 U.S.C. 1472(f))
imended —
(1) in paragraph (1), by inserting “or on tribal allotted
or Indian trust land” after “area”; and
(2) in paragraph (2), by inserting “or on tribal allotted
or Indian trust land” before the period.
705. DESIGNATION OF UNDERSERVED AREAS AND RESERVATION
OF ASSISTANCE.
(a) Reauthorization of Designation.— Section 609(f) of the
using Act of 1949 (42 U.S.C. 1479(f)) is amended —
(1) in paragraph (1), by striking “in each of fiscal years
1991 and 1992” and inserting “in each fiscal year”;
(2) in paragraph (2), by inserting at the end the following
new flush sentence;
“In designating underserved areas under paragraph (1), in each
fiscal year the Secretary shall desimate not less than 6 counties
or communities that contain tribal allotted or Indian trust
land.”; and
(3) in para^aph (4), by striking “an amount equal to 3.6
percent in fiscal year 1991 and 6.0 percent in fiscal year 1992”
and inserting “an amount equal to 6.0 percent in fiscal years
1993 and 1994”.
(b) Definition of Colonias.— Section 609(fX8) of the Housing
; of 1949 (42 U.S.C. 1479(fX8)) is amended—
(1) by striking subparagraph (C);
(2) by redesignating subparagraph (D) as subparagraph
(C); and
(3) by striking subparagraph (E) and inserting the following
new subparagraph:
“(D) was in existence as a colonia before the date
of the enactment of the Cranston-Cionzalez National Afford¬
able Housing Act.”.
(c) Colonias Refinements.— Section 609(fX4XBXii) of the
using Act of 1949 (42 U.S.C. 1479(fX4XBXii)) is amended by
rting before “a colonia”, the following “, or in close proximity
and serving the residents of,”.
706. RURAL HOUSING VOUCHER PROGRAM.
Title V of the Housing Act of 1949 (42 U.S.C. 501 et seq.)
imended —
(1) in the last sentence of section 533(a) (42 U.S.C.
1490m(a)), by inserting after “1937” the following: “or section
642 of this title”; and
(2) by adding at the end the following new section:
;c. 542. RURAL HOUSING VOUCHER PROGRAM. 42 USC 1 490r.
“(a) In General. — ^To such extent or in such amounts as are
106 STAT. 3836
PUBLIC LAW 102-550— OCT. 28, 1992
rural housing voucher program to assist very low-income families
and persons to reside in rental housing in rural areas. For such
purposes, the Secretary may provide assistance using a payment
standard based on the fair market rental rate estabUshed by the
Secretary for the area. The monthly assistance payment for any
family shall be the amount by which the payment standard for
the area exceeds 30 per centum of the fanulys monthly adjusted
income, except that such monthly assistance payment shall not
exceed the amount which the rent for the dwelling unit (including
the amount allowed for utilities in the case of a unit with separate
utility metering) exceeds 10 per centum of the family’s monthly
gross income.
“(b) Coordination and Limitation.— In carrying out the rural
housing voucher program under this section, the Secretary shall —
**(1) coordinate activities under this section with activities
assisted under sections 515 and 533 of this title; and
*^(2) enter into contracts for assistance for not more than
5000 units in any fiscal year.”.
SEC. 707. RENTAL HOUSING LOANS.
(a) Development Costs.— Section 515(eX4) of the Housing Act
of 1949 (42 U.S.C. 1485(eK4)) is amended—
(1) by striking “and” before “initial”;
(2) by inserting before the first period the following: “,
impact fees, local charges for installation, provision, or use
of infrastructure, and local assessments for public improve¬
ments and services imposed by State and local governments”;
and
(3) by inserting after the period at the end the following
new sentence: “Notwithstanding the first sentence of this para¬
graph, the term ‘development cost’ shall not include any initial
operating expenses in the case of any nonprofit corporation
or consumer cooperative that is financing housing under this
section and has been allocated a low-income housing tax credit
by a housing credit agenQr pursuant to section 42 of the
Internal Revenue Code of 1986.”.
(b) Coordination of Loans and Rental Assistance Pay¬
ments.— Section 515 of the Housing Act of 1949 (42 U.S.C. 1485)
is amended —
(1) in subsection (1), by striking paragraph (1) and inserting
the following new paragraph:
“(1) in the case of any applicant who applies for rental
assistance payments under section 521 in connection with such
project, the Secretary shall consider the availability of such
rental assistance pa3rments with respect to the project and
shall require such applicant to demonstrate that a market
exists for persons and families eligible for such rental assistance
payments; and”; and
(2) in subsection (p) —
(1) in paragraph (4), by striking “, except” in the first
sentence and all that follows through the end of the para¬
graph and inserting a period; and
(2) by insertmg at the end the following new
paragraph:
“(5) The Secretary shall coordinate the processing of any
application for a loan under this section for a project and the
processing of any application for assistance under section 521(a)(2)
PUBLIC LAW 102-550— OCT. 28, 1992
106 STAT. 3837
ith respect to housing units in the same project in an economical
id efficient manner. At the time the Secretary enters into a
)mmitment to make or insure a loan under this section the Sec-
stary shall obligate amounts for assistance pa}rment8 under section
21(aX2) for the project, to the extent that such amounts are
irailable and the Secretary determines such assistance is necessary
ir the market feasibility of the prmect.”.
(c) Equity Contribution.— Action 516(rX2) of the Housing
ct of 1949 (42 U.S.C. 1485(rX2)) is amended bv inserting before
le period at the end the following: “, except that the Secretary
lall reauire a 5 percent contribution in the case of a project
lat is allocated a low-income housing tax credit pursuant to section
2 of the Internal Revenue Code of 1986”.
(d) Uniform Project Costs and Coordination of Housing
SOURCES AND Tax BENEFITS.— Section 516 of the Housing Act
’ 1949 (42 U.S.C. 1485) is amended by adding at the end the
illowing new subsection:
“(x) Uniform Project Costs; Coordination of Housing
SOURCES AND Tax BENEFITS.— The Secretary shall—
^(1) establish standard guidelines for State offices that
describe allowable development costs which are required for
development of all projecte under this section, without regard
to whether the project was allocated a low-income housing
tax credit;
‘‘(2) require each State to establish a process for coordinat¬
ing the selection of projects under this section with the housing
needs and priorities as established in a State comprehensive
housing affordability stratemr under section 105 of the Cran-
ston-Gonzalez National Affordable Housing Act and a low-
income housing tax credit allocation plan under section 42
of the Internal Avenue Code of 1986; and
“(3) develop, in consultation with housing credit agencies
(as that term is defined under section 42 of the Internal Reve¬
nue Code of 1986), uniform procedures for identi^n^ and shar¬
ing information on project costs, builder profit, identity of
interests relationships, and other factors, as appropriate, with
the relevant housing credit agency for projects tnat are allocated
a low-income housing tax credit pursuant to section 42(h) of
the Internal Revenue Code of 1986 for the purpose of achieving
compliance with section 102(d) of the Department of Housing
and Urban Development Reform Act of 1989 (42 U.S.C.
3545(d)).”.
(e) Grants for Costs of Providing Service Coordinators. —
ection 515 of the Housing Act of 1949 (42 U.S.C. 1485), as amended
Y tliis section, is further amended by adding at the end the
allowing new subsection:
“(y) Service Coordinators.—
“(1) Grants. — ^The Secretary may make grants under this
subsection, with respect to any project that the Secretary deter¬
mines has a sufficient number of frail elderly residents, for
the cost of emplo3ring or otherwise retaining the services of
one or more individuals to coordinate sendees provided to frail
elderly residents of the project (in this subsection referred
to as a ‘service coordinator*), who shall be responsible for-y
“(A) assessing the supportive service needs of frail
elderly residents of the project, based on objective criteria
and interviews with such residents;
106 STAT. 3838
PUBLIC LAW 102-550— OCT. 28, 1992
“(B) working with service providers to design the provi¬
sion of services to meet the needs of frail elderly residents
of the project, taking into consideration the needs and
desires of such residents and their ability and willingness
to pay for such services, as expressed by the residents;
“(C) mobilizing public and private resources to obtain
funding for such services for such residents;
“(D) monitoring and evaluating the impact and
effectiveness of any supportive services provided for such
residents;
“(E) consulting and coordinating with any appropriate
public and private agencies regarding the provision of
supportive services; and
“(F) performing such other duties that the Secretary
deems appropriate to enable frail elderly persons residing
in federally assisted housing to live with dignity and
independence.
“(2) Qualifications. — ^Individuals employed as service
coordinators pursuant to this subsection shall meet the mini¬
mum qualifications and standards established under section
802(dX4) of the Cranston-Gonzalez National Affordable Housing
Act for service coordinators under a congregate housing services
program.
“(3) Application and selection.— The Secretary shall pro¬
vide for the form and manner of applications for grants under
this subsection and for the selection of applicants to receive
the grants.
“(4) Definition of frail elderly.— For pu^oses of this
subsection, the term ‘frail elderly* has the meaning given the
term in section 802(k) of the Cranston-Gonzalez National
Affordable Housing Act.”.
(f) Prohibitions Regarding Considerations in Making
Loans.—
(1) In general. — Section 615 of the Housing Act of 1949
(42 U.S.C. 1485), as amended by this section, is further
amended by adding at the end the following new subsection:
“(z) Prohibitions.—
“(1) Remote rural areas. — ^The Secretary may not refuse
to make a loan that otherwise complies with the requirements
under this section solely because the housing and related facili¬
ties involved are located in an area that is excessively rural
in character or excessively remote.
“(2) Essential services. — ^In making loans under this sec-
tioii, the Secretary may not provide any preference for any
project based on the availability of any particular essential
service. For purposes of this paragraph, an essential service
shall include post offices (and postal services), grocery stores,
pharmacies, schools, and health service facilities (and health
services).
(3) Geographic location. — In making loans under this
section, the Secretary may not grant or deny approval based
on the geo^aphic location of the proposed project if the project
is located in a rural area, as such term is defined in section
520, exrapt that the Secretary shall give preference to any
application for a project that will serve the needs of a rural
community located 20 or more miles from an urban area.”.
(2) Regulations. — ^The Secretary of Agriculture shall issue
any regulations necessary to carry out the amendment made
by paragraph (1) not later than me expiration of the 45-day
per^ j^gmning on the date of the enactment of this Act.
Not later than the expiration of the 30-day period beginning
on the date of the enactment of this Act, me Secrete^ shafi
submit a copy of any regulations to be issued under this sub¬
section to the Congress. The reouirements of section 534(d)
of the Housing Act of 1949 and subsections (b) and (c) of
section 553 of title 5, United States Code, shall apply to any
such regulations.
(g) Independent Cost Certifications.— Section 517(jX3) of
Le Housing Act of 1949 (42 U.S.C. 1487(jXd)) is amend^ by
serting amr ‘^dustiy,” the following: ‘Independent audits of
*oject expenses,”.
3C. 708. NONPROFIT SET-ASIDE.
(a) In General. — Section 515(w) of the Housing Act of 1949
2 U.S.C. 1485(w)) is amended—
(1) in paragraph (1), by striking “not less than 7 percent
of the amounts available in fiscal year 1991 and not less than
9 percent of the amounts available in fiscal year 1992” and
inserting “not less than 9 percent of the amounts available
in fiscal ^ears 1993 and 1994*;
(2) m paragraph (1), in the second sentence striking
“or under whole or partial control with a for-profit entity*;
(3) in par^aph (1), by adding at the end the following
new sentence: partnership, that has as its general partner
a nonprofit entity or the nonprofit entit^s for-profit subsidii^,
is eligible to receive fimds set aside under this subsection
to sponsor a project which is receiving low-income housing
tax credits authonzed under section 42 of the Internal Revenue
Code of 1986. For the purposes of this subsection, a nonprofit
entity is an organization that —
“(A) will own an interest in a project to be financed
under this section and will materially participate in the
development and the operation of the project;
“(B) is a private organization that has nonprofit, tax
exempt status under semon 501(cX3) or section 501(cX4)
of the Internal Revenue Code of 1986;
“(C) has among its purposes the planning, develop¬
ment, or management of low-income housing or community
development projects; and
“(D) is not affiliated with or controlled by a for-profit
organization.”;
(4) in paragraph (2), by adding at the end the following:
“The Secietary may provide amounts available for reallocation
under this suDsection in excess of $750,000 in a given State,
if such amounts are necessary to finance a project under this
section.”; and
(5) by striking paragraph (3) and inserting the following:
“(3) Unused amounts.—
“(A) Equitable distribution.— Any amounts set aside
under this subsection from the allocation for any Stete
that are not obligated by 9 months after the allocation,
shall first be pooled and made available to any other
eligible nonprofit entity in any State as defined in this
42 use 1485
note.
; STAT. 3840
PUBLIC LAW 102-550— OCT. 28, 1992
subsection. The Secretary shall make reasonable efforte
to ensure that pooled fiwds are distributed under this
subparagraph in an equitable manner.
“(B) Return to the states. — After funds have been
pooled and obligated for 30 days, the Secretary shall return
any remaining funds to the States on a pxt^rtional basis
for use by any other eligible entity as defined in this
se^ion.**.
use 1485 (b) Effective Date. — ^The amendment made by subsection
(aX5) shall take effect on October 1, 1993, and sb^ apply to
fis^ year 1994 and each fiscal year thereafter.
SEC. 709. CONSIDERATION OF CERTAIN AREAS AS RURAL AREAS.
Section 520 of the Housing Act of 1949 (42 U.S.C. 1490) is
amended by adding at ^e end the following new sentence: “Notwith¬
standing any other provision of this section, the city of Plainview,
Texas, shall be considered a rural area for purposes of this title.’*.
SEC. 710. PERMANENT AUTHORITY FOR SECTION S23.
Section 523 of the Housing Act of 1949 (42 U.S.C. 1490c)
is amended —
(1) in subsection (bXlXA), by inserting after “efforts’* ^e
following: “, including the repair of units financed under section
502 that are being hmd in inventory”; and
(2) by striking subsection (f).
SEC. 711. HOUSING PRESERVATION GRANTS FOR REPLACEMENT OF
HOUSING.
Section 533 of the Housing Act of 1949 (42 U.S.C. 1490m)
is amended —
(1) in subsection (a) —
(A) by inserting “or replace” after “rehabilitate” each
place it appears; and
(B) in the second sentence, by inserting “or replaced”
after “rehabilitated”;
(2) in subsection (b)—
(A) by striking “Rehabilitation programs” and inserting
“Preservation programs”;
(B) in para^aph (3), by inserting “or replacement”
after “rehabilitation^ each place it appears;
(C) in paragraph (4), by striking “repiw ^d reha¬
bilitation” and inserting ^repair, rehaoilitation, and
replacement”;
(D) by redesignating paragraphs (2) through (6) (as
amend^ by this paragraph) as paragraphs (3) through
(7), respectively; and
(E) by inserting after paragraph (1) the following new
para^aph:
“(2) be used to provide loans or grants, not to exceed
$15,000 per unit, to owners of single family housing to repla(»
existing nousing if repair or rehabilitation of the housing is
determined bv the Secretaiy not to be practicable and Hie
owner of the housing is unable to afford a loan under section
502 for replacement housing;”;
(3) in the first sentence of subsection (cXD, by striking
“rehabilitation grant funds” and inserting “grant funds under
this section”; and
(4) in subsection (d)—
PUBLIC LAW 102-550— OCT. 28, 1992
106 STAT. 3
(A) in paragraph (1), by striking ‘^habilitation pro>
gram” and inserting ‘^preservation program”;
(B) in paragraphs (3XA), (3XB\ and (3XD), by striking
‘Repair and rehabilitation” each place it appears and insert¬
ing ‘Repair, rehabilitation, and replacement”;
(C) in parananh (4), b;y inserting or replacement,”
after “repair and rehabilitation”; and
(D) oy adding at the end the following new paragraph:
“(5) A grantee may use housing preservation grant funds unaer
this section for replacement housing only after providing docu¬
mentation to the Secretary that —
“(A) the existing housing is in such poor condition that
rehabilitation is not economicmly feasible;
“(B) the owner of the housing lacks the income or repay¬
ment ability necessary to qualify for a loan under section 502;
and
“(C) the grantee will extend assistance to the owner of
the housing under terms that the owner can afford.”.
SEC. 712. PRESERVATION.
(a) Applicability’. — Section 502(c) of the Housing Act of 1949
(42 U.S.C. 1472(c)) is amended —
(1) in subparagraph (2), by striking “before December 21,
1979,” and inserting “prior to the date of enactment of the
Deps^ment of Housing and Urban Development Reform Act
of 1989”;
(2) in subparagraph (4XA), by striking “before December
21, 1979” andf inserting “prior to the date of enactment of
the Department of Housing and Urban Development Reform
Act of 1989”;
(3) in subparagraph (5XF), by striking “before December
21, 1979” ana inserting “prior to the date of enactment of
the Department of Housing and Urban Development Reform
Act of 1989”; and
(4) in subparagraph (5XG), by striking “before December
21, 1979” andf insertmg “prior to the date of enactment of
the Department of Housing and Urban Development Reform
Act of 1989”.
(b) Incentives. — Section 502(cX4)(B) of the Housing Act of
1949 (42 U.S.C. 1472(cX4XB)) is amended by adding the following
new clause:
“(vi) In the case of a project that has received
rental assistance under section 8 of the United States
Housing Act of 1937, permitting the owner to receive
rent in excess of the amount determined necessary
by the Secretary to defray the cost of long-term repair
or maintenance of such a project.”.
(c) Office of Rural Housing Preservation.— Title V of the
Housing Act of 1949 (42 U.S.C. 1471 et seq.) is amended by inserting
after section 536 the following:
^EC. S37. OFFICE OF RURAL HOUSING PRESERVATION.
“(a) Establishment. — ^There is established within the Farmers
Home Administration an Office of Rental Housing Preservation
(hereafter in this section referred to as the ‘Office’). The Office
shall be headed by a Director designated by the Secretary of
Agriculture.
“(b) Purposes. — ^The purposes of the Office are:
42 use 1490
) STAT. 3842
PUBUC LAW 102-550— OCT. 28, 1992
ermination
te.
2 use 1490o.
2 use 1490o
ote.
‘*(1) to review and process applications under section 502(c)
and section 515(t) related to the preservation of rural rental
housing;
‘*(2) to provide technical or financial assistance to any other
projects needing such assistance;
*'(3) to coordinate and dir^ all other activities related
to the preservation of rural housing; and
‘*(4) to monitor compliance of projects prepaid or receiving
incentives under Uie Housing Act of 1949.”.
SEC. 713. DISASTER ASSISTANCE.
Section 541(aXl) of the Housing Act of 1949 (42 U.S.C.
1490q(aXl)) is amended in the first sentence by striking ‘^amounts
available under this title” and inserting ‘^amounts made available
to the Secretary by an appropriations Act for such purpose”.
SEC. 714. PROHIBITION ON TRANSFER OF RURAL HOUSING PRO¬
GRAMS.
Section 601 of the Housing Act of 1949 (42 U.S.C. 1471) is
amended by adding at the end the following new subsection:
“(j) Program Transfers.— Notwithstanding any other provi¬
sion of law, the Secretary shall not transfer any program authorized
by this title to the Rural Development Administration.”.
SEC. 71S. SITE ACQUISITION AND DEVELOPMENT.
Section 524(a) of the Housing Act of 1949 (42 U.S.C. 1490d(a))
is amended —
(1) by inserting “(1) In GENERAL.—” before “The Secretary”
in the first sentence; and
(2) by adding at the end the following:
“(2) Revolving funds.— The Secretary may make grants
to nonprofit housing agencies to establish revolving loan fimds
for the acquisition and preparation of building sites for low-
income housing. Any proceeds and repayments from such loans
shall be returned to the revolving loan fund to be used for
purposes related to this section. Loan funds and interest pay¬
ments shall be used solely for the acquisition of land: the
preparation of land for building sites; the payment of reimburs¬
able legal and technical costs; and technical assistance and
administrative costs, not to exceed 10 percent of the fund.”.
SEC. 716. RECIPROCITY IN APPROVAL OF HOUSING SUBDIVISIONS
AMONG FEDERAL AGENCIES.
(a) Extension of Authortiy.— Section 535(b) of the Housing
Act of 1949 (42 U.S.C. 1490o(b)) is amended by striking the last
sentence and inserting the following new sentence: “This subsection
shall not apply after June 15, 1993. .
(b) Retroactivity. — ^Any administrative approval of any hous¬
ing subdivision made after the expiration of the 18-month period
beginning on the date of the enactment of the Department of
Housing and Urban Development Inform Act of 1989 and before
the of the enactment of this Act is approved and shall be
ronsidered to have been lawfully made, but omy if otherwise made
in accordance with the provisions of section 535(b) of^the Housing
Act of 1949.
(c) Approval by Local, County, or State Agencies.— Section
535 of the Housing Act of 1949 (42 U.S.C. 1490o) is amended
by adding at the end the following new subsection:
PUBLIC LAW 102-550— OCT. 28, 1992
106 STAT. 3843
*‘(d) For loans made under this title, the Secretary may accept
subdivisions that have been approved by local, county, or State
agencies.**.
TITLE VIII— COMMUNITY
DEVELOPMENT
Subtitle A — Community Development
Block Grants
SEC. 801. COMMUNITY DEVELOPMENT AUTHORIZATIONS.
(a) Community Development Block Grants. — Section 103
of the Housing and Community Development Act of 1974 (42 U.S.C.
5303) is amended bv striking the second and third sentences and
inserting the following: ‘‘For purposes of assistance under section
106, there are authorized to be appropriated $4,000,000,000 for
fiscal year 1993 and $4,168,000,000 for fiscal year 1994.
(b) Limitation on Loan Guarantees. — ^The fifth sentence of
section 108U) of the Housing and Community Development Act
of 1974 (42 U.S.C. 6308(a)) is amended to read as follows: “Notwith¬
standing any other provision of law and subject only to the absence
of qualified applicants or proposed activities and to the authority
provided in this section, to the extent approved or provided in
appropriation Acts, the Secretary shall enter into commitments
to guarantee notes and obligations under this section with an aggre¬
gate principal amount of $2,000,000,000 for fiscal year 1993 and
$2,000,000,000 for fiscal year 1994.**.
(c) Special Purpose Grants.—
(1) Set-aside. — Section 107 of the Housing and Community
Development Act of 1974 (42 U.S.C. 6307) is amended by strik¬
ing “Sec. 107. (a)” and all that follows through the end of
subsection (a) and inserting the following:
“Sec. 107. (a) Set-Aside.—
“(1) In general. — For each fiscal year (except as otherwi^
provided in this paragraph), of the total amount provided in
appropriation Acts under section 103 for the fiscal year,
$60,000,000 shall be set aside for grants under subsection (b)
for such year for the following purposes:
“(A) $7,000,000 shall be available for grants under
subsection (b)(1);
“(B) $6,500,000 shall be available for grants under
subsection (b)(3);
“(C) $6,000,000 shall be available for grants under
subsection (b)(6);
“(D) $6,000,000 shall be available in fiscal year 1993
for grants under subsection (bX7);
“(E) $3,000,000 shall be available for grants under
subsection (c);
“(F) such sums as may be necessary shall be available
for grants under paragraphs (2), (4), and (6) of sub¬
section (b);
“(G) $2,000,000 shall be available in fiscal year 1993
for a grant to the City of Bridgeport, Connecticut, subject
to the approval of sufficient amounts in an appropriation
Appropriation
authorization.
106 STAT. 3844
PUBLIC LAW 102-550— OCT. 28, 1992
42 use 5307
note.
Bridgeport and the State of Connecticut that the city and
State, respectively, will supplement such amount with
$2,000,000 of additional funds;
‘'(H) $15,000,000 shall be available for grants under
the Removal of Regulatory Barriers to Affordable Housing
Act of 1992; and
“(I) $7,500,000 shall be available to carry out the
Community Outreach Partnership Act of 1992.
“(2) Treatment of grants. — ^Any grants made under this
section shall be in addition to any other ^ants that may
be made under this title to the same entities for the same
purposes.”.
(2) Other purposes.— Section 107(b) of the Housing and
Community Development Act of 1974 (42 U.S.C. 6307(d)) is
amended —
(A) in paragraph (3), by striking “and” at the end;
(B) in paragraph (4), by striking the period at the
end and inserting a semicolon* and
(C) by adding at the end the following:
“(5) to States and units of general local government and
institutions of h^her education having a demonstrated capacity
to carry out eligible activities under this title, except that
the Secretary ma^ make a grant under this paragraph only
to a State or unit of general local government that jointly^
with an institution of higher education, has prepared and
submitted to the Secretaiv an application for such grant, as
the ^cretary shall by regulation require;
“(6) to units of general local government in nonentitlement
areas for planning community a4justments and economic diver¬
sification activities, which may include any eligible activities
under section 105, required —
“(A) by the proposed or actual establishment, realign¬
ment, or closure of a military installation,
“(B) by the cancellation or termination of a Department
of Defense contract or the failure to proceed with an
approved nugor weapon system program, or
“(C) by a publicly announced planned msgor reduction
in Department of Defense spending that would directly
and adversely affect a unit of general local government
and will result in the loss of 1,000 or more full-time Depart¬
ment of Defense and contractor employee positions over
a 5-year period in the unit of general loc^ government
and the surrounding area, or
if the Secretary (in consultation with the Secretary of Defense)
determines that an action described in subparagraph (A), (B),
or (C), is likely to have a direct and signincant adverse con¬
sequence on the unit of general local government; and
“(7) for the purposes of rebuilding and revitalizing dis¬
tressed areas of the Lm Angeles metropmitan area.”.
(3) Regulations. — Not later than the expiration of the
60-day period beginning on the date of the enactment of this
Act, the Secretary of Housing and Urban Development shsdl
issue proposed regulations to carry out section 107(bX6) of
the Housing and Community Development Act of 1974, as
added by subsection (cX2) of this section. The Secretary shall
issue final regulations to carry out section 107(bX6) not later
than the expiration of the 120-day period beginning on the
PUBLIC LAW 102-550— OCT. 28, 1992
106 STAT. 3845
date of the enactment of this Act and after notice and oppor¬
tunity for public comment pursuant to the provisions of section
553 of title 5, United States Code (notwithstanding subsections
(aX2), (bXB), and (dX3) of such section). Such fintu regulations
shall take effect 30 days after issuance.
(4) Conforming amendment. — Section 107(c) of the Hous¬
ing and Community Development Act of 1974 (42 U.S.C.
5307(c)) is amended by striking the extent” and all that
follows up to “grants to institutions” and inserting “mc^e”.
(d) Grant Activities. — ^The special purpose grant of the City
of Dubuque, Iowa, under Public Law 102-139 may be used for
land acquisition, new construction, relocation assistance payments,
and rehabilitation for housing of low- and moderate-income ramilies.
SEC. 802. UNITS OF GENERAL LOCAL GOVERNMENT.
(a) Definition. — Section 102(aXl) of the Housing and Commu¬
nity Development Act of 1974 (42 U.S.C. 5302(aXl)) is amended
by striking Recognized by the Secretaiy” and inserting the follow¬
ing: “that, except as provided in section 106(dX4), is recognized
by the Secretary”.
(b) Grants to Nonentitlement Areas.— Section 106(d) of the
Housing and Community Development Act of 1974 (42 U.S.C.
5306(d)) is amended by inserting after paragraph (3) the following
new para^aph:
“(4) Any combination of units of general local governments
may not be required to obtain recognition by the Secretary pursuant
to section 102(aXl) to be treated as a sii^le unit of general local
government for purposes of this subsection. .
SEC. 803. URBAN COUNTIES.
Section 102(aX6XD) of the Housing and Community Develop¬
ment Act of 1974 (42 U.S.C. 5302(aX6XD)) is amended —
(1) in clause (iii), by striking “or” at the end;
(2) in clause (iv), by stril^g the period at the end and
inserting or”; and
(3) by adding at the end the following new clause:
^(vXD has a population of 176,000 or more (including
the population of metropolitan cities therein), (II) before
Janua^ 1, 1975, was designated by the l^retary of
Defense pursuant to section 608 of the Military Construc¬
tion Authorization Act, 1975 (Public Law 93-552; 88 Stat.
1763), as a Trident Defense Impact Area, and (III) has
located therein not less than 1 unit of general local govern¬
ment that was classified as a metropolitan city and (a)
for which county each such unit of general local government
therein has relinquished its classincation as a metropolitan
city imder the 6th sentence of paragraph (4), or (b) that
has entered into cooperative elements with each metro¬
politan city therein to undertake or to assist in the under¬
taking of essential community development and housing
assistonce activities.”.
SEC. 804. RETENTION OF PROGRAM INCOME.
The first sentence of section 104(j) of the Housing and Commu¬
nity Development Act of 1974 (42 U.S.C. 5304(i)) is amended —
(1) by striking “while the unit of general local government
is participating in a community development program under
this title”; and
>6 STAT. 3846
PUBLIC LAW 102-550— OCT. 28, 1992
legulations.
(2) by inserting before the period at the end the following:
except that the Secretary may, by regulation, exclude from
consideration as program income any amounts determined to
be so small that compliance with tnis subsection creates an
unreasonable administrative burden on the unit of general
local government”.
SEC. SOS. ECONOMIC DEVELOPMENT.
(b) Section 105 of the Housing and Community Development
Act of 1974 (42 U.S.C. 5305) is amended by adding at the end
the following new subsection:
“(d) Tracing Program. — The Secretary shall implement, using
funds recaptured pursuant to section 119(o), an on-going education
and training program for officers and employees of the Department,
especially officers and employees of area and other field offices
of the Department, who are responsible for monitoring and admin¬
istering activities pursuant to paragraphs (14), (15), and (17) of
subsection (a) for the purpose of ensuring that (A) such personnel
possess a thorough understanding of such activities; and (B) regula¬
tions and guidelines are implemented in a consistent fashion.”.
SEC. 806. EVALUATION, SELECTION, AND REVIEW OF ECONOMIC
DEVELOPMENT PROJECTS.
(a) Guidelines. — Section 105 of the Housing and Community
Development Act of 1974 (42 U.S.C. 5305), as amended by section
805, is amended by adding at the end the following new subsection:
“(e) Guidelines for Evaluating and Selecting Economic
Development Projects.—
“(1) Establishment. — The Secretai^ shall establish, by
regulation, guidelines to assist grant recipients imder this title
to evaluate and select activities described in section 105(a)
(14), (15), and (17) for assistance with grant amounts. The
Secretary shall not base a determination of eligibility of the
use of funds under this title for such assistance solely on
the basis that the recipient fails to achieve one or more of
the guidelines’ objectives as stated in paragraph (2).
^(2) Project costs and financial requirements.— The
^delines established under this subsection shall include the
following objectives:
“(A) The project costs of such activities are reasonable.
“(B) To the extent practicable, reasonable financial sup¬
port has been committed for such activities from non-Fed-
eral sources prior to disbursement of Federal funds.
“(C) To the extent practicable, any p-ant amormts to
be provided for such activities do not substantially reduce
the amount of non-Federal financial support for the
activity.
“(D) Such activities are financially feasible.
“(E) To the extent practicable, such activities provide
not more than a reasonable return on investment to the
owner.
“(F) To the extent practicable, grant amounts used
for the costs of such activities are disbursed on a pro
rata basis with amoimts from other sources.
“(3) Public benefit. — ^The g^delines established under
this subsection shall provide that the public benefit provided
by the activity is appropriate relative to the amount of assist¬
ance provided with grant amounts under this title.”.
r;-
i
PUBLIC LAW 102-550— OCT. 28, 1992
106 STAT. 3847
(b) Assistance to For-Profit Entities.— Section 105 of the
Housing and Community Development Act of 1974 (42 U.S.C. 5305),
as amended by subsection (a), is amended by inserting at the
end the following new subsection:
“(f) Assistance to For-Profit Entities.— In any case in which
an activity described in paragraph (17) of subsection (a) is provided
assistance such assistance shall not be limited to activities for
which no other forms of assistcmce are available or could not be
accomplished but for that assistance.”.
(c) GAO Study. — ^The Comptroller General of the United States
shall conduct a study of the use of grant amounts imder title
I of the Housing and Community Development Act of 1974 for
activities described in paragraphs (14), (15), and (17) of section
105(a) of such Act. The study shall evaluate whether the activities
for which such amounts are being used imder such paragraphs
farther the goals and objectives of such program, as established
in section 101 of such Act. The Comptroller General shall submit
a report to the Congress regarding the findings of the study not
later than the expiration of the 18-month period beginning on
the date of the enactment of this Act. The report shall indude
recommendations of—
(1) any administrative or legislative actions that may be
taken to ensure that such grant amoimts are properly and
efficiently used for economic development activities; and
(2) criteria by which to evaluate the effectiveness of activi¬
ties assisted under paragraphs (14), (15), and (17) of such
section 105(a).
(d) Enhancing Job Quality.— Not later than 1 year after
the date of enactment of this Act, the Comptroller General shall
submit to the Confess a report on the types and quality of jobs
created or retained through assistance provided pursuant to title
I of the Housing and Commimity Devmopment Act of 1974 and
the extent to which projects and activities assisted under that
title enhance the upward mobility and future earning capacitv
of low- and moderate-income persons who are benefited by such
projects and activities.
(e) Rebuilding Distressed Neighborhoods.— Section 106(c)
of the Housing and Commimity Development Act of 1974 (42 U.S.C.
5305(c)) is eunended by adding at the end the following new
para^aph:
‘^4) For the purposes of subsection (cXlXC) —
“(A) if an employee resides in, or the assisted activity
through which he or she is employed, is located in a census
tract that meets the Federal enterprise zone eligibility criteria,
the employee shall be presumed to be a person of low- or
moderate-income; or
“(B) if an employee resides in a census tract where not
less than 70 percent of the residents have incomes at or below
80 percent of the area median, the empWee shall be presumed
to be a person of low or moderate income. .
42 use 5305
note.
Reports.
Reports.
42 use 5305
note.
SEC. 807. ELIGIBLE ACTIVITIES.
(a) Additional Euoible Activities.— Section 106(a) of the
Housing and Community Development Act of 1974 (42 U.S.C.
6306(a)) is amended —
(1) in paragraph (8), by inserting before the semicolon
at the end the following: “, and except that of any amount
106 STAT. 3848
PUBLIC LAW 102-550— OCT. 28, 1992
of assistance under this title (including program income) in
each of fiscal years 1993 through 1997 to the City of Los
Angeles and County of Los Angeles, each such unit of general
government may use not more than 25 percent in ea^ such
fiscal year for activities under this paragraph”;
(2) in paragraph (19), by striking “and” at the end;
(3) by redesignating paragraph (20) as paragraph (25);
and
(4) by inserting after paragraph (19) the following new
paragraphs;
“(20) provision of technical assistance to public or nonprofit
entities to increase the capacity of such entities to carry out
eligible neighborhood revitalization or economic development
activities, which assistance shall not be considered a planning
cost as defined in paragraph (12) or administrative cost as
defined in paragraph (13);
“(21) housing services, such as housing counseling, energy
auditing, preparation of work specifications, loan processing,
inspections, tenant selection, management of tenant-based
rental assistance, and other services related to assisting owners,
tenants, contractors, and other entities, participating or seeking
to participate in housing activities authorized \mder this sec¬
tion, or under title II of the Cranston-Clonzalez National Afford¬
able Housing Act, except that activities imder this paragraph
shall be subject to any limitation on administrative expenses
imposed by any law;
“(22) provision of assistance by recipients under this title
to institutions of higher education having a demonstrated
capacity to carry out eligible activities under this subsection
for carrying out such activities;
“(23) provision of assistance to public and private organiza¬
tions, agencies, and other entities (including nonprofit and for-
profit entities) to enable such entities to facilitate economic
development by —
“(A) providing credit (including providing direct loans
and loan guarantees, establishing revolving loan funds,
and facilitating peer lending programs) for the establish¬
ment, stabilization, and expansion of microenterprises;
“(B) providing technical assistance, advice, and busi¬
ness support services (including assistance, advice, and
support relating to developing business plans, securing
funding, conducting marketing, and otherwise engaging in
microenterprise activities) to owners of microenterprises
and persons developing microenterprises; and
“(C) providing general support (such as peer support
programs and counseling) to owners of microenterprises
and persons developing microenterprises;
“(24) activities necessary to make essential repairs and
to pay operating expenses necessary to maintain the habit¬
ability of housing units acquired through tax foreclosure
proceedings in order to prevent abandonment and deterioration
of such housing in primarily low- and moderate-income
neighborhoods; and”.
(b) Direct Homeownership Assistance.— Section 907(b)(2) of
the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C.
5305 notel is —
PUBLIC LAW 102-550— OCT. 28, 1992
106 STAT. 3849
(1) by striking “October 1, 1992” and inserting “October
1, 1994”;
(2) by striking “October 1, 1993” and inserting “October
1, 1996”; and
(3) by striking “(ISf, “(19)”, and “(20)” and inserting “(23)”,
“(24)”, and “(26)”, respedively.
(c) Microenterprise and Small Business Development
Initiative.—
(1) In general. — Section 106 of the Housing and Commu¬
nity Development Act of 1974 (42 U.S.C. 6306^ as amended
by section ^6, is further amended by adding at the end the
following new subsection:
“(g) Microenterprise and Small Business Program
Requirements. — In developing program requirements and provid-
inpf assistance pursuant to paragraph (17) of subsection (a) to a
muToenterprise or small business, the Secretary shall —
“(1) take into accoimt Ihe special needs and limitations
arising from the size of the entity; and
“(2) not consider training, technical assistance, or other
support services costs provided to small businesses or
microenterprises or to grantees and subgrantees to develop
the capacity to provide such assistance, as a planning cost
pursuant to section 106(aX12) or an admiiustrative cost pursu¬
ant to section 106(aX13).”.
(2) Definitions.— Bection 102(a) of the Housing and
Community Development Act of 1974 (42 U.S.C. 5302(a)) is
amended ^ adding at the end the following new paragraphs:
“(22) Ine term 'microenterprise' means a commercial enter¬
prise that has 6 or fewer employees, 1 or more of whom owns
the enterprise.
“(23) The term 'small business’ means a business that
meets the criteria set forth in section 3(a) of the Small Business
Act.”.
(3) Sense of the congress.— It is the sense of the Con¬
gress that each grantee under title I of the Housing and
Community Development Act of 1974 should reserve 1 percent
of any grant amounts the grantee receives in each fiscal year
for the purpose of providing assistance imder section 106(a)(23)
of such Act to facilitate economic development through commer¬
cial microenterprises.
(4) Report. — ^Not later than 18 months after the date of
enactment of this Act, the Secretary shall submit to the Con¬
gress a report on the effectiveness of assistance provided
through title I of the Housing and Community Development
Act of 1974 in promoting development of microenterprises,
including a review of any statutory or regulatory provision
that impedes the development of microenterprises.
(d) Loans of CDBG Funds. — Section 106(aXl4) of the Housing
and Community Development Act of 1974 (42 U.S.C. 6306(a)(14))
is amended by inserting before “activities” the following: “provision
of assistance including loans (both interim and long-term) and
grants for”.
(e) CDBG Code Enforcement.— Section 106(aX3) of the Hous¬
ing and Community Development Act of 1974 is amended by strik¬
ing “improvements and” and inserting “or private improvements
42 use 5305
note.
106 STAT. 3850
PUBLIC LAW 102-550— OCT. 28, 1992
(f) Neighborhood-Based Nonprofit Organizations. — Section
105(a)(15) of the Housing and Community Development Act of
1974 (42 U.S.C. 5305(aX15)) is amended by inserting after “corpora¬
tions,” the following: “nonprofit organizations serving the develop¬
ment needs of the commimities in nonentitlement areas,”.
SEC. 808. REFERENCE TO FAIR HOUSING ACT.
Sections 104(bX2), 106(dX6XB), and 107(eXl) of the Housing
and Community Development Act of 1974 (42 U.S.C. 5304(bX2),
5306(dX5)(B), and 5307(eXl)) are each amended by striking “Public
Law 88^52 and Public Law 90-284” and inserting “the Civil Rights
Act of 1964 and the Fair Housing Act”.
SEC. 800. ELIGIBILITY OF ENTERPRISE ZONES.
Section 105(aX13) of the Housing and Community Development
Act of 1974 is amended by inserting immediately after “(13)” the
following: “payment of reasonable administrative costs related to
establishing and administering federally approved enterprise zones
and”.
SEC. 810. ASSISTANCE FOR COLONIAS.
(a) Eligible Activities. — Section 916 of the Cranston-Clonzalez
National Affordable Housing Act (42 U.S.C. 6306 note) is amended —
(1) by adding at the end of subsection (b) the following
new paragraph:
“(3) Other improvements. — Other activities eligible under
section 105 of the Housing and Community Development Act
of 1974 designed to meet the needs of residents of colonias.”;
and
(2) in subsection (f), by striking “and 1993” and inserting
“1993, and 1994”.
(b) Definition of Colonia.— Section 916(eXl) of the Cranston-
Gonzalez National Affordable Housing Act (42 U.S.C. 5306 note)
is amended —
(1) by striking subparagraph (C);
(2) by redesignating subparagraph (D) as subparagraph
(C); and
(3) by striking subparagraph (E) and inserting the following
new subparagraph:
“(D) was in existence as a colonia before the date
of the enactment of the Cranston-Clonzalez National
Affordable Housing Act.”.
SEC. 811. STATE SET-ASIDE FOR TECHNICAL ASSISTANCE.
Section 106(d) of the Housing and Community Development
Act of 1974 (42 U.S.C. 5306(d)) is amended by inserting after
paragraph (4), as added by section 802, the following:
“(5) From the amounts received under paragraph (1) for dis¬
tribution in nonentitlement areas, the State may deduct an amount,
not to exceed 1 percent of the amount so received, to provide
technical assistance to local governments and nonprofit program
recipients.”.
SEC. 812. COMMUNITY DEVELOPMENT PLANS AND REPORTS.
(a) In Ge^ral. — Subsection (1) of section 104 of the Housing
and Community Development Act of 1974, as added by section
922 of the Cranston-Gonzalez National Affordable Housing Act (42
U.S.C. 5304(1)), is amended to read as follows:
106 STAT. 3851
PUBLIC LAW 102-550— OCT. 28, 1992
“(m) Community Development Plans.—
“(1) In general. — ^Prior to the receipt in any fiscal vear
of a nant from the Secreta^ under subsection (b), (aXl),
or (d)(2XB) of section 106, each reci];)ient shall have prepared
and submitted in accordance with this subsection and in such
standardized form as the Secretary shall, by regulation, pre¬
scribe a description of its priorily nonhousing community devel¬
opment needs eligible for assistance under this title.
“(2) Local governments. — ^In the case of a recipient that
is a unit of genercd local government —
“(A) prior to the submission required by paragraph
(1), the recipient shall, to the extent practicable, notify
a^acent units of general local government and sohcit the
views of citizens on priority nonnousing community devel¬
opment needs; and
“(B) the description required under paragraph (1) shall
be submitted to the Secretary, the State, andf any other
unit of general local government within wluch the recipient
is locate, in such standardized form as the Secretary
shall, by regulation, prescribe.
**(3) States. — ^In the case of a recipient that is a State,
the description required by paragraph (1>—
“(A) shall include only ^e nee^ within the State that
affect more than one unit of general local government
and involve activities typically funded by such States imder
this title; and
‘*(6) shall be submitted to the Secretary in such stand¬
ard form as the Secretary, by regulation, shall prescribe.
‘*(4) Effect of submission. — ^A simmission under this sub¬
section shall not be binding with respect to the use or distribu¬
tion of amounts received under section 106.**.
(b) Conforming Amendments.— Section 104(bX4) of the Hous¬
ing and Community Development Act of 1974 (42 U.S.C. 5304(bX4))
is amended —
(1) by inserting ‘‘pursuant to subsection (m)** before the
first comma; and
(2) by striking “and housing”.
SEC. 813. DELAY USE OF 1990 CENSUS HOUSING DATA TO EXAMINE
EFFECT ON TARGETING FOR CDBG FORMULA.
Notwithstandii^ any other provision of law, for fiscal year
1993, no data derived from the 1990 Decennial Census, except
those relating to population and poverty, shall be taken into account
for purposes of the allocation of amounts under section 106 of
the Housing and Community Development Act of 1974.
Subtitle B — Other Community
Development Programs
SEC. 831. NEIGHBORHOOD REINVESTMENT CORPORATION.
(a) Authorization of Appropriations.— The first sentence of
section 608(aXl) of the Neighborhood Reinvestment Corporation
Act (42 U.S.C. 8107(a)) is amended to read as follows: “There
are authorized to be appropriated to the corporation to carry out
this title $29,476,000 for fiscal year 1993 and $30,713,992 for fiscal
year 1994.”.
Regulations.
Regulations.
Regulations.
106 STAT. 3852
PUBLIC LAW 102-550— OCT. 28, 1992
42 use 5318a.
Appropriation
authorization.
42 use 5318a.
Reports.
John Heinz
Neighborhood
Development
Act.
42 use 5318a.
(b) Expanded Programs. — ^The matter preceding subparagraph
(A) of section 608(aX2) of the Neighborhood Reinvestment Corpora¬
tion Act (42 U.S.C. 8107(aX2)) is amended by striking “each of
the fiscal years 1991 and 1992** and inserting “any fiscal year”.
SEC. 832. NEIGHBORHOOD DEVELOPMENT PROGRAM.
(a) Authorization. — Section 123(g) of the Housing and Urban-
Rural Recovery Act of 1983 (42 U.S.C. 5318 note) is amended
to read as follows:
“(g) Authorization. — Of the amounts made available for assist¬
ance under section 103 of the Housing and Community Development
Act of 1974, $1,000,(K)0 for fiscal year 1993 (in admtion to other
amounts provided for such fiscal year) and $3,000,000 for fiscal
year 1994 shall be available to car^ out this section.”.
(b) Permanent Program. — lection 123 of the Housing and
Urban-Rural Recovery Act of 1983 (42 U.S.C. 6318 note) is
amended —
(1) by striking the section heading and inserting the follow¬
ing new heading:
“JOHN HEINZ NEIGHBORHOOD DEVELOPMENT PROGRAM”;
(2) by striking “demonstration program” each place it
appears and inserting “program”;
(3) in subsection (bXl), by striking “determine the feasibil¬
ity of supporting^ and inserting “support”;
(4) m subsection (eX3), by inserting after “year” the follow¬
ing: “, except that, if appropriations for this section exceed
$3,000,000, the Se^etary may pay not more than $75,000 to
any p£^icipating neighborhood development organization”;
(5) in subse^onTeXO) —
(A) in subpara^aph (C), by inserting “and” after the
semicolon at the end;
(B) by striking subparagraph (D);
(C) % redesignating subparagraph (E) as subpara¬
graph (D); and
(D) in subparagraph (D), as so redesignated, by striking
“demonstration” and inserting “program”;
(6) by striking subsection (D and inseiting the following
new subsection:
“(f) The Secretary shall submit a report to the Congress, not
later than 3 months after the end of each fiscal year in which
payments are made under this section, regarding the program under
this section. The report shall contain a summary of the activities
carried out under this section during such fiscal year and any
findings, conclusions, and recommendations for legislation regarding
the program.”; and
(7) by adding at the end the following new subsection:
“(h) Short Title. — ^This section may be cited as the ‘John
Heinz Neighborhood Development Act’.”.
(c) Compliance With CHAS and Community Development
Plans. — Section 123(eX5XA) of the Housing and Urban-Rural
Recovery Act of 1983 (42 U.S.C. 6318 note) is amended by striking
Rousing and community development plans of such unit” and
inserting “comprehensive housing affordability strategy of such unit
ararovM under section 105 of the Cranston-Gonzalez National
Anor^ble Housing Act or the statement of community development
activities and community development plans of the unit submitted
under section 104(m) of the Housing and Community Development
Act of 1974”.
(d) Eugible Neighborhood Development Organization.—
Section 123(aX2) of the Housing and Urban-Rural Recovery Act
of 1983 (42 U.S.C. 6318 note) is amended — 42 use 53i8a.
(1) in subparagraph (A), by inserting “(i)” after “(A)”;
(2) in suoparagraph (E), by string the period at the
end and inserting or”;
(3) b;y^ redesignating subparagraphs (B) through (E) as
clauses (ii) through (v), respectively; and
(4) bv adding at the end the following new subparagraph:
"(B) any facilitv that provides small entrepreneurial
business with afforoable shared support services and busi¬
ness development services and meets the requirements of
subparagraph (A).”.
(e) Definitions. — Action 123(a) of the Housing and Urban-
Rural Recovery Act of 1983 (42 U.S.C. 6318 note) is amended — 42 use 53i8a.
(1) by striking subparagraph (2XAXiv) (as so redesimated
by subsection (d) of this section) and inserting the foUowing
new clause:
"(iv) an organization that operates within an area
that —
"(1) meets the requirements for Federal assistance
under section 119 of the Housing and Community
Development Act of 1974;
"(II) is designated as an enterprise zone under
Federal law;
"(III) is designated as an enterprise zone under
State law and recomized by the Secretary for purposes
of this section as a State enterprise zone; or
"(IV) is a qualified distressed community within
the meaning of section 233(bXl) of the Bank Enterprise
Act of 1991; and”;
(2) by redesignating paragraph (3) as paragraph (4); and
(3) by inserting before paragraph (4) (as so redesignated)
the following new para^aph:
"(3) The term ‘nei^borhood development funding organiza¬
tion’ means —
"(A) a depository institution the accounts of which are
insured pursuant to the Federal Deposit Insurance Act
or the Federal Credit Union Act, ana any subsidiary
such term is defined in section 3(w) of the Federal Deposit
Insurance Act) thereof;
"(B) a depository institution holding company wd any
subsidiarv thereof (as such term is defined in section 3(w)
of the Federal Deposit Insurance Act); or
"(C) a company at least 76 percent of the common
stock of which is owned by one or more insured depositoiy
institutions or depository institution holding companies.”.
(f) Coordination With Community Development Funding
Organizations.— Section 123 of the Housing and Urban-Rural
Recovery Act of 1983 (42 U.S.C. 6318 note) is amended— 42 use 53i8a.
(1) in subsection (bXl), by inserting ", and from neighbor¬
hood development fimding organizations,” after "neighbor¬
hoods”;
(2) in subsection (bX3>—
(A) in subparagraph (B), by striking "and” at the end;
106 STAT. 3854
PUBLIC LAW 102-550— OCT. 28, 1992
42 use 5318a.
(B) in subparagraph (C), by striking the period and
inserting the following: esTOcially in cooperation witti
a neighborhood development nmding organization, except
that an eligible neighborhood dev^^ment organization
shall be deemed to have the full benefit of the cooperation
of a neighborhood development funding organization if the
eligible neighborhood development organization —
“(i) is located in an area described in subsection
(aX2XAXiv) that does not contain a neighborhood develop¬
ment funding organization; or
*‘(ii) demonstrates to the satisfaction of the Secretary
that it has been unable to obtain the cooperation of any
neighWhood development funding orgamzation in suen
area despite having made a good faith effort to obtain
such cooperation; and”; and
(C) by adding at the end the following new subpara-
mraph:
^(D) specify a strategy for increasing the capacity of the
organization.”;
(3) in subsection (cX3), by inserting before the semicolon
the following: “and by the extent of participation in the propo^d
activities by a neighlx)rhood development funding orgsmization
that has a branch or office in the neighborhood, except that
an ehnble neighborhood development organization shall be
deemed to have tiie full benefit of the participation of a
neighborhood development funding organization if the eligible
neighborhood development organization —
“(A) is located in an neighborhood that does not contain
a branch or office of a nei^borhood development funding
organization; or
“(B) demonstrates to the satisfaction of the Secretary
that it has been unable to obtain the participation of any
neighborhood development funding organization that hsw
a branch or office in the neighborhood despite having made
a good faith effort to obtain such participation”; and
(4) in subsection (eXD, by inserting “, and from nei^bor-
hood development funding organizations,” after “neighborhood”,
(g) AdbiONISTRATIVE Changes.— Section 123 of the Housing and
Urban-Rural Recovery Act of 1983 (42 U.S.C. 5318 note) is
amended —
(1) in subsection (aX2XAXiii), as so redesignated by sub¬
section (d) of this section, by striking “three years” smd inserting
“one year”; and
(2) in subsection (bX2), by striking “Not more than 30
per centum” and inserting ‘Tor fiscal year 1993 and thereafter,
not more than 50 percent .
SEC. 833. STUDY BEGARDING HOUSING TECHNOLOGY RESEARCH.
(a) Study.— The Secretary of Housing and Urban Development,
throu^ the Assistant Secretary for Policy Development and
Reseeudb, shall conduct a study of—
(1) the extent of Federal, other public, and private basic
resesuch in the United States in housing technology, including
desim and construction techniques and method^ogy, smart
building technology, area and neighborhood planning, and other
areas relating to tne preservation and production of sffibrdable
housing and livable communities;
PUBLIC LAW 102-550— OCT. 28, 1992
106 STAT. 3855
(2) the extent of competitiveness of the United States in
the field of basic housing technology research in comparison
with other countries that are substantially involved in trade
with the United States, taking into consideration the balance
of trade, the degree of government support of private research
activities, and uie degree of fragmentation of research; and
(3) the t3rpes of research projects regarding basic housing
technology conducted by such odier countries, the results of
such research, and the extent of success in applying and
marketing such results.
(b) Report. — ^The Secretary of Housing and Urban Development
11 submit a report to the Congress describing the resiUts of
study conducted under this section not later than September
993.
. 834. DESIGNATION OF ENTERPRISE ZONES.
(a) In General. — Section 701 of the Housing and Community
elopment Act of 1987 (42 U.S.C. 11501) is amended —
(1) in subsection (aX4XB), by striking “the effective date
of the regulations described in subparagraph (A) occurs” and
inserting “the date of the enactment of the Housing and
Community Development Act of 1992 occurs”; and
(2) in subsection (cX3XB), by striking “this Act” and insert¬
ing “the Housing and Community Dev^opment Act of 1992”.
(b) Report. — Section 702 of the Housing and Community Devel-
lent Act of 1987 (42 U.S.C. 11502) is amended bv inserting
rsuant to the amendments made by section 834 of the Housing
Community Development Act of 1992” before the first comma.
Subtitle C — ^Miscellaneous Programs
. 851. COMMUNITY OUTREACH ACT.
(a) Short Title. — ^This section may be cited as the “Community
reach Partnershm Act of 1992”.
(b) Purpose. — The Secretary shall carry out, in accordance
1 this section, a 5-year demonstration program to determine
feasibility of facilitating partnerships between institutions of
ler education and communities to solve urban problems through
larch, outreach, and the exchange of information.
(c) Grant Program.—
(1) In general. — The Secretary is authorized to make
grants to public and private nonprofit institutions of higher
education to assist in establishing or carrying out research
and outreach activities addressing the problems of urban areas.
(2) Use of grants. — Grants under this Act shall be used
to establish and operate Community Outreach Partnership Cen¬
ters (hereafter in this section referred to as “Centers”) which
shall —
(A) conduct competent and qualified research and
investigations on theoretical or practical problems in large
and small cities; and
(B) facilitate partnerships and outreach activities
between institutions of higher education, local commu¬
nities, and local governments to address urban problems.
(3) Specific problems. — Research and outreach activities
assisted under this Act shall focus on problems associated with
Community
Outreach
Partnership Act
of 1992.
42 use 6307
note.
106 STAT. 3856
PUBLIC LAW 102-550— OCT. 28, 1992
housing, economic development, neighborhood revitalization,
infrastructure, health care, job training, education, crime
prevention, planning, community organizing, and other areas
deemed appropriate ny the Secretary.
(d) Application.— Any public or private nonprofit institution
of higher education may submit an application for a grant under
this section in such form and containing such information as the
Secretary may require by regulation.
(e) Selection Criteria.—
(1) In general. — ^The Secretary shall select recipients of
grants under this section on the basis of the following criteria:
(A) The demonstrated research and outreach resources
available to the applicant for canying out the purposes
of this section.
(B) The capability of the applicant to provide leadership
in solving community problems and in making national
contributions to solving long-term and immediate urban
problems.
(C) The demonstrated commitment of the applicant
to supporting urban research and outreach programs by
providing matching contributions for any Federal assist¬
ance received.
(D) The demonstrated ability of the applicant to
disseminate results of research and successful strategies
developed through outreach activities to other Centers and
communities served through the demonstration program.
(E) The projects and activities that the applicant pro¬
poses to carry out under the grant.
(F) The effectiveness of the applicant’s strategy to pro¬
vide outreach activities to commimities.
(G) Tlie extent of need in the communities to be served
by the Centers.
(H) Other criteria deemed appropriate by the Sec¬
retary.
(2) Preference. — ^The Secretary shall give preference to
institutions of higher education that undertake research and
outreach activities by bringing together knowledge and exper¬
tise in the various social science and technical disciplines that
relate to urban problems.
(f) Federal Shares. — ^The Federal share of a grant under this
section shall not be more than —
(1) 50 percent of the cost of establishing and operating
a Center’s research activities; and
(2) 75 percent of the cost of establishing and operating
a Center’s outreach activities.
(g) Non-Federal Shares. — The non-Federal share of a grant
may include cash, or the value of non-cash contributions, equipment,
or other in-kind contributions deemed appropriate by the Secretary.
(h) Responsibilities. — A. Center established under this section
shall —
(1) employ the research and outreach resources of its
sponsoring institution of higher education to solve specific
urban problems identified by communities served by the Cfenter;
(2) establish outreach activities in areas identified in the
grant application as the communities to be served;
(3) establish a community advisory committee comprised
of representatives of local institutions and residents of the
PUBLIC LAW 102-550— OCT. 28, 1992
106 STAT. 3857
Dmmunities to be served to assist in identifying local needs
nd advise on the development and implementation of strate-
ies to address those issues;
(4) coordinate outreach activities in communities to be
erved by the Center;
(5) facilitate public service projects in the communities
erved by the Center;
(6) act as a clearinghouse for the dissemination of
iformation;
(7) develop instructional programs, convene conferences,
nd provide training for local community leaders, when appro-
riate; and
(8) exchange information with other Centers.
) National Advisory Council.—
(1) Establishment. — ^The Secretary shall establish a
ational advisory council (hereafter in this section referred
j as the “councir) to—
(A) disseminate the results of research and outreach
activities carried out imder this section;
(B) act as a clearinghouse between grant recipients
and other institutions of higher education; and
(C) review and evaluate programs carried out by grant
recipients.
(2) MEMBERS. — ^The council shall be composed of 12 mem-
rs to be appointed by the Secret€uy as follows —
(A) 3 representatives of State and local governments;
(B) 3 representatives of institutions of higher education
that receive grants under this section;
(C) 3 individuals or representatives of organizations
that assess significant expertise in urban issues; and
(D) 3 representatives from community advisory
committees created pursuant to this section.
(3) Vacancies. — ^A vacancy in the membership of the coun-
il shall be filled in the manner in which the ori^nal appoint-
lent was made.
(4) Compensation. — ^Members of the council shall serve
rithout pay.
(5) Chairman. — ^The council shall elect a member to serve
s chairperson of the council.
(6) Meetings. — The council shall meet at least biannually
nd at such other times as the chairman may designate.
) National Clearinghouse.— The Secretary ^all establish
Lonal clearinghouse to disseminate information resulting from
Bsearch and successful outreach activities developed through
Jenters to grant recipients and other interested institutions
her education.
c) Authorizations. — ^The sums set aside by section 107 of
lousing and Community Development Act of 1974 for the
>se of tms section shall be available —
(1) to enable Centers to carry out research and outreach
ctivities;
(2) to establish and operate the national clearinghouse
3 be established imder subsection (j).
i) Reporting.—
(1) In general. — ^The Secretary of Housing and Urban
levelopment shall submit an annual report to the Committee
n Banking, Housing, and Urban Affairs of the Senate and
Establishment.
[)6 STAT. 3858
PUBLIC LAW 102-550— OCT. 28, 1992
2 use 5304
ote.
the Committee on Banking, Finance and Urban Affairs of the
House of Representatives.
(2) Contents.— The report under paragraph (1) shall con¬
tain a summary of the activities carried out under this section
during tihe preceding fiscal year, and findings and conclusions
drawn from such activities.
SEC. 862. COMPUTERIZED DATABASE OF COBIMUNnY DEVELOPBfENT
NEEDS.
(a) Establishment of Demonstration Program.— Not later
than the expiration of the 1-year period beginning on the date
appropriations for the purposes of tMs section are made available,
the S^retary of Housing and Urban Development (hereafter in
this section referred to as the ‘‘Secretary^) shall establish and
implement a demonstration program to determine the feasibility
of assisting States and units of general local government to develop
methods, utilizing contemporary computer tecmiology, to —
(1) monitor, inventory, and maintain current listings of
the community development needs of the States and units
of general local government; and
(2) coordinate strategies within States (especially among
various units of general local government) for meeting such
needs.
(b) Integrated Database System and Computer Mapping
Tool.—
(1) Development and purposes. — In carrying out the pro¬
gram under this section, the Secretary shall provide for the
development of an integrated database system and computer
mapping tool designed to efficiently (A) collect, store, process,
and retrieve information relating to priority nonhousing
community development needs wil^n States, and (B) coordi¬
nate strategies for meeting such needs. The integrated database
system and computer mapping tool shall be designed in a
manner to coordinate and facilitate the preparation of commu¬
nity development plans under section 104(mXl) of the Housing
and Community Development Act of 1974 and to process any
information necessary for such plans.
(2) Availability to states. — ^The Secretary shall make
the integrated database system and computer mapping tool
developed pursuant to this subsection available to States with¬
out charge.
(3) Coordination with existing technology.— The Sec¬
retary shall, to the extent practicable, utilize existing tech¬
nologies and coordinate such activities with existing data sys¬
tems to prevent duplication.
(c) Technical A^istance. — ^Under the program under this
section, the Secretary shall provide consultation and advice to States
and units of general local government regarding the capabilities
and advantages of the integrated database system and computer
mapping tool developed pursuant to subsection (b) and assistance
in installing and using the database system and mapping tool.
(d) Grants.—
(1) Authority and purpose. — ^The Secretary shall, to the
extent amounts are made available under appropriation Acts
pursuant to subsection (g), make grants to States for capital
costs relating to installation and use of the integrated database
PUBLIC LAW 102-550— OCT. 28, 1992
106 STAT. 3859
system and computer mapping tool developed pursuant to sub¬
section (b).
(2) Limitations. — ^The Secretary may not make more than
one grant under this subsection to any single State. The Sec¬
retary may not make a grant under this subsection to any
single State in an amount exceeding $1,000,000.
(3) Appucation and selection.— The Secretary shall pro¬
vide for the form and manner of applications for grants under
this subsection. The Secretary shall establish criteria for the
selection of States whidb have submitted applications to receive
grants under this section and shall select recipients according
to such criteria, which shall give priority to States having,
on a long-term basis (as determinea by the Secretary), levels
of unemployment above the national average level.
(e) State Coordination of Local Needs.— Each State that
receives a grant under subsection (d) shall annually submit to
the Secrete^ a report containing a summary of the priority
nonhousing community development needs within the State.
(f) Reports by Secretary.— The Secretary shall annually sub¬
mit to the Committees on Banking, Finance and Urban Affairs
of the House of Representatives and Banking, Housing, and Urban
Affairs of the Senate, a report containing a summary of the informa¬
tion submitted for the year by States pursuant to subsection (e),
which shall describe the priority nonhousing community develop¬
ment needs within such States.
(g) Authorization of Appropriations.— There are authorized
to be appropriated for each of the fiscal years 1993 and 1994,
$10,()()0,()00 to carry out the program established under this section.
SEC. 868. COMMUNITY INVESTMENT CORPORATION DEMONSTRATION.
(a) Short Title. — ^This section may be cited as the “Community
Investment Corporation Demonstration Act”.
(b) Community Investment Corporation Demonstration.—
(1) Findings. — ^The Congress finds that —
(A) the Nation’s urban and rural communities face
critical social and economic problems arising from lack
of growth; growing numbers of low-income persons and
persons living in poverty; lack of emplo'j^ent and other
opportunities to improve the quality of life of these resi¬
dents; and lack of capital for business located in, or seeking
to locate in these communities;
(B) the future well-being of the United States and
its residents depends on the restoration and maintenance
of viable local economies, and will require increased public
and private investment in low-income housing, business
development, and economic and community development
activities, and technical assistance to local organizations
carrying out revitalization strategies;
(C) lack of expertise and technical capacity can signifi¬
cant limit the ability of residents and local institutions
to effectively carry out revitalization strategies;
(D) the Federal Government needs to develop new
models for facilitating local revitalization activities;
(E) indigenous community-based financial institutions
nlav a significant role in identifidni; and respondini; to
Community
Investment
Corporation
Demonstration
AkCt
42 use 5305
note.
106 STAT. 3860
PUBLIC LAW 102-550— OCT. 28, 1992
(F) institutions, such as South Shore Bank (Chicago,
Illinois), Southern Development Bancorporation
(Arkadelphia, Arkansas), Center for Community Self Help
(Durham, North Carolina), and (k>mmunity Cfmital Bank
(Brooklyn, New York), with a primary mission of promoting
community development have proven their ability to
promote revitalization and are appropriate models for
restoring economic stability and growth in distressed
communities and neighborhoods.
(2) Purposes.— The demonstration program carried out
under this section shall —
(A) improve access to capital for initiatives which bene¬
fit residents and businesses in targeted geographic areas;
and
(B) test new models for bringing credit and investment
capital to targeted geographic areas and low-income per¬
sons in such areas through the provision of assistance
for capital, development services, and technical assistance
(3) Definitions. — ^As used in this section —
(A) the term “Federal financial supervisory agency’
means —
(i) the Comptroller of the Ciurency with respef t
to national banks;
(ii) the Board of Governors of the Federal Reser 'e
System with respect to State-chartered banks whi:h
are members of tne Federal Reserve System and ba: ik
holding companies;
(iii) the Federal Deposit Insurance Corporat'on
with respi^t to State-chartered banks and saviiigs
banks which are not members of the Federal Reserve
System and the deposits of which are insured by the
Federal Deposit Insurance Corporation;
(iv) the National Credit Union Administration
Board with respect to insured credit union associati ons;
and
(v) the Office of Thrift Supervision with re- nect
to insured savings associations and savings and loan
holding companies that are not ba^ holding
companies;
(B) the term “community investment coi^ntion”
means an eligible organization selected by the ^c etary
to receive assistance pursuant to this section;
(C) the term “development services” means aclivlties
that are consistent with the purposes of this sectir n and
which support and strengthen the lending and investment
activities undertaken by eligible organizations including —
(i) the development of real estate;
(ii) administrative activities associated with the
extension of credit or necessary to make an investment;
(iii) marketing and management assistance;
(iv) business planning and counseling services; and
(v) other capacity building activities whic i enable
borrowers, prospective borrowers, or entities xn which
eligible organizations have invested, or exp^t lo invest,
to improve the likelihood of success of their ^ictivities;
(D) the term “eligible organization” means mi entity —
(i) that is organized as —
PUBLIC LAW 102-550— OCT. 28, 1992
106 STAT. 386
(I) a depositoiy institution holding company
as defined in section 3 of the Federal Deposit
Insurance Act (12 U.S.C. 1813); or
(II) a nonprofit organization —
(aa) that is organized under State law;
(bb) has no pcurt of its net ecumings inuring
to the benefit of any member, fovmder,
contributor, or other person;
(cc) complies with standards of financial
accountability acceptable to the Secretary; and
(dd) is affiliated with a nondepositoiy
lending institution; or is affiliated with a rej^-
lated ^ancial institution but is not a subsidi¬
ary thereof;
(ii) that has as its primary mission the revitaliza¬
tion of a targeted geo^aphic area;
(iii) that maintains, through significant represen¬
tation on its governing board and otherwise, account¬
ability to community residents;
(iv) that has principals active m the implementa¬
tion of its programs who possess significant experience
m lending and the development of affordable hous¬
ing, small business development, or community revital¬
ization;
(v) that directly or through a subsidiary or affiliate
carries out development services; and
(vi) that will match any assistance received dollar-
for-dollar with non-Federal sources of funds;
(E) the term “equity investment” means a capital con¬
tribution through the purchase of nonvoting common stock
or through equity grants or contributions to capital reserves
or suipius, subject to terms and conditions satisfactory
to the Secretary;
(F) the term “low-income person” means a person in
a family whose income does not exceed 80 percent of the
median income for the area, as determined by the Secretary
with adjustments for smaller and larger families;
(G) the term “regulated financial institution” means
an insured depositoiy institution (as defined in section
3 of the Federal Deposit Insurance Act (12 U.S.C. 1813),
or an insured credit union as defined in section 101 of
the Federal Credit Union Act (12 U.S.C. 1752));
(H) the term “Secretary” means the Secretary of Hous¬
ing and Urban Development;
(I) the term “targeted geographic area” means a geo¬
graphically contiguous area of chronic economic distress,
as measured by unemployment, growth lag, poverty, lag
in growth of per capita income, extent of blight and dis¬
investment, nscal distress, or other indicators deemed
appropriate by the Secreta^, that has been identified by
an ehgible organization as ffie area to be served by it;
and
(J) an entity is an “affiliate” of another entity if the
first entity controls, is controlled by, or is vmder common
control with the other entity.
(4) Selection criteria. — ^The Secretary shall select eligible
organizations from among applications submitted to participate
106 STAT. 3862
PUBUC LAW 102-550— OCT. 28, 1992
in the demonstration program, using selection criteria based
(A) the capacity of the eligible organizations to cany
out the purposes of this section;
(B) the range and comprehensiveness of lending,
investment strategies, and development services to m
offered b^ the organizations directly or through subsidiaries
and afShates thereof;
(C) the t:;^s of activities to be jiursued, including
lending and development of small business, agriculture,
industrial, commercial, or residential projects;
(D) the extent of need in the targeted geographic area
to be served;
(E) the experience and background of the principals
at each eUgible organization responsible for carrying out
the purposes of this section;
(F) the extent to wnich the el^ble organizations
directly or through subsidiaries and affiliates 1^ success¬
fully implemented other revitalization activities;
(G) an apprrariate distribution of eligible organizations
among regions of the United States; and
(H) other criteria determined to be appronriate by the
Secretary and consistent with the purposes or this semon.
(5) Program assistance.— The Secrete^ shall—
(A) cany out, in accordance with this section, a pro¬
gram to improve access to capital and demonstrate the
leasibilitjr of facilitating the revitalization of targeted
geograpmc areas by providing assistance to eligible
organizations;
(B) accept applications from eligible organizations; smd
(C) select eligible organizations to receive assistance
pursuant to this section.
(6) AcnvmES required. — All eligible organizations receiv¬
ing assistance pursuant to this section are required to engage
in activities that provide access to capital for imtiatives whidi
benefit residents and businesses in t^eted geographic areas.
(7) Capital assistance.—
(A) In general.—
(i) In general. — ^The Secretary shall make grants
and loans to eligible organizations.
(ii) Loans. — Assistance provided to a depository
institution holding company that is an eligible
orgimization as defined in naragraph (SXDXiXD shall
be in the form of a loan to be repaid to the Secretary.
The terms and conditions of each loan shall be deter¬
mined by the Secretary based on the ability of such
entity to re^y, except that interest shall accrue at
the current Treasury rate for obligations of comparable
maturity.
(iii) Grants or loans. — Assistance provided to an
eligible oiganization that is a nonprofit organization,
as defined in paragraph (SXDXiXlD* may be in the
form of a grant or a loan. If an eligible organization
that is a nonprofit organization uses assistance that
it received under this section to provide assistance
to a for-profit entity, the assistance provided by the
nonprofit organization must be in the form of a locm
PUBLIC LAW 102-550— OCT. 28, 1992
106 STAT. 3863
with interest to be repaid to the nonprofit organization
and the nonprofit organization must use the proceeds
of the loan for activities consistent with this section.
(B) Eligible activities. — Capital assistance may only
be used to support the following activities that facilitate
revitalization of targeted geographic areas or that provide
economic opportunities for low-income persons —
(i) increasing the capital available for the purpose
of making loans;
(ii) providing funds for equity investments in
projects;
(iii) providing a portion of loan loss reserves of
regulated financim institutions; and
(iv) providing credit enhancement.
(C) Capital requirements. — ^Any investment derived
from assistance provided by the Se^etary and made by
an eligible organization to a regulated financial institution
shall not be included as an asset in calculating compliance
with applicable capital standards. Such standards shall
be satisfied from sources other than assistance provided
under this section.
(D) Authorization. — ^There are authorized to be appro¬
priated to carry out this paragraph $25,000,000 for fiscal
year 1993 and $26,000,000 for fis^ year 1994 to be used
to provide capital assistance to eugible organizations.
Funds appropriated pursuant to this subparagraph shall
remain available until expended.
(8) Development services and technical assistance
NTS. —
(A) In general. — ^The Secretary shall —
(i) provide grants or loans to eligible organizations
for the provision of development services that support
and contribute to the success of the mission of such
organizations: and
(ii) provide, or contract to provide, technical assist¬
ance to eligible organizations to assist in establishing
program activities that are consistent with the pur¬
poses of this section.
(B) Authorization. — ^There are authorized to be appro¬
priated to cany out this paragraph, $15,000,000 for fiscal
year 1993 and $15,600,000 for fiscal year 1994. Funds
appropriated pursuant to this subparagraph shall remain
available imtil expended.
(9) Training program.—
(A) In general. — ^The Secretary shall establish, or con¬
tract to establish, an ongoing training pro^am to assist
eligible organizations and their staffs m developing tbe
capacity to carry out the purposes of this section.
(B) Authorization. — ^There are authorized to be appro¬
priated to cary out this paragraph $2,000,000 for fiscal
year 1993 and $2,100,000 for fiscal year 1994. Funds appro¬
priated pursuant to this subparagraph shall remain avail¬
able unbl expended.
(10) Reports. — ^The Secretly shall determine the appro-
te reporting requirements with which eligible organizations
iving assistance under this section must comply.
(11) Advisory board.—
Appropriation
authorization.
Appropriation
authorization.
Establishment.
Appropriation
authorization.
106 STAT. 3864
PUBLIC LAW 102-550— OCT. 28, 1992
(A) In general. — ^In establishing requirements to cairy
out the provisions of this sectiom and in considering
applications under this section, the l^cretary shall consult
wi^ an advisory board comprised of the following members:
(i) the ^ Administrator of the Small Business
Administration;
(ii) two representatives from among the Federal
financial supervisory agencies who assess expertise
in matters related to extending cremt to persons in
low-income communities;
(iii) two representatives of organizations that pos¬
sess expertise m development of low-income housing;
(iv) two representatives of organizations that pos¬
sess expertise in economic development;
(v) two representatives of organizations that pos¬
sess expertise m small business development;
(vi) two representatives from organizations that
possess expertise in the needs of low-income commu¬
nities; and
(vii) two representatives from community invest¬
ment corporations receiving assistance under this
section.
(B) Chairperson. — ^The Board shall elect from among
its members a chairperson who shall serve for a term
of 2 years.
(C) Terms. — ^The members shall serve for terms of
3 years which shall expire on a staggered basis.
(D) Reimbursement. — The members shall serve with¬
out additional compensation but shall be reimbursed for
travel, per diem, and other necessary expenses incurred
in the performance of their duties as members of the
advisory board, in accordance with sections 5702 and 5703
of title 5, United States Code.
(E) Designated representatives.— A member who is
necessarily absent from a meeting of the board, or of a
committee of the board, may participate in such meeting
through a duly designated representative who is serving
in the same agency or organization as the absent member.
(F) Quorum. — The presence of a majority of members,
or their representatives, shall constitute a quorum.
(12) Evaluation and report.— The Secretaiy shall submit
to the Committee on Banking, Housing, and Urban Affairs
of the Senate and the Committee on Banking, Finance and
Urban Affairs of the House of Representatives an annual report
containing a summary of the activities carried out under this
section during the fiscal year and any preliminary findings
or conclusions drawn from the demonstration program.
(13) No BENEFIT rule. — ^To the extent that assistance is
provided to an eligible organization that is a depositoiv institu¬
tion holding company, the Secretary shall ensure, to the extent
practicable, that such assistance does not inure to the benefit
of directors, officers, employees and stockholders.
(14) Regulations. — (A) The Secretary shall issue such
regulations as may be necessary to carry out the provisions
of this subsection.
(B) The appropriate Federal financial supervisory agency,
by regulation or order —
PUBLIC LAW 102-550— OCT. 28, 1992
106 STAT. 3865
(i) may restrict any regulated financial institution’s
receipt of an extension of credit firom, or investment by,
an eligible organization;
(ii) may restrict the making, by a regulated financial
institution or holding company, of an extension of credit
to, or investment in, an eligible organization; and
(iii) shall prohibit any transaction that poses an undue
risk to the affected deposit insurance fund.
(C) To the extent practicable, the Secretary and the Federal
financial supervisory agencies shall coordinate the development
of regulations and other program guidelines.
(15) Safety and soundness of insured depositories.—
Nothing in this section shall limit the applicability of other
law relating to the safe and sound operation and management
of a regulated financial institution (or a holding company) affili¬
ated with an eligible organization or receiving assistance pro¬
vided under this section.
(16) Effective date. — ^This section shall become effective
6 montl^ from the date of enactment of this Act.
!C. 854. EMERGENCY ASSISTANCE FOR LOS ANGELES.
(a) In General. — Of the funds made available under 107(b)
the Housing and Community Development Act of 1974 for pur-
)ses of this section, $3,000,000 shall be made available to each
the following:
(1) A nonprofit community-based public benefit corporation
which was created in response to the civil disturbances of
April 29, 1992, through May 6, 1992, in Los Angeles, California,
with the support of the Speaker of the California State Assem¬
bly and community elected officials representing the affected
areas.
(2) A nonprofit public benefit corporation established by
the Mayor of Los Angeles and the Governor of California.
(b) Use of Funds. — Such funds shall be used to carry out
community revitalization stratepr in areas for which the Presi-
mt, pursuant to title IV or V oftiie Robert T. Stafford Disaster
slief and Emergency Assistance Act, declared that a major disaster
emergency existed for the purposes of such Act, as a result
the civil disturbances involving acts of violence occurring on
’ after April 29, 1992, and before May 6, 1992.
(c) Strategy.— Such strategy shall —
(1) include efforts to create jobs in distressed neighbor¬
hoods, spur community-based economic development, improve
housing accessibility and affordability, and address other
community development needs; and
(2) be developed in consultation with low-income residents
and community leaders in the distressed areas.
(d) Eligible Activities.— Funds made available under this
ibsection may be used for eligible activities pursuant to section
)6 of the Housing and Community Development Act of 1974 or
I provide seed capital to nonprofit community development corpora-
Dns to carry out the strategy developed in subsection (cX2).
(e) Match Required. — ^Funds provided under this section shall
i matched with private or public non-Federal funds in an amount
}t less than 50 percent of the funds provided under this section.
106 STAT. 3866
PUBLIC LAW 102-550— OCT. 28, 1992
Appropriation
authorization.
42 use 3533
note.
TITLE IX— REGULATORY AND
MISCELLANEOUS PROGRAMS
Subtitle A — ^Miscellaneous
SEC. Ml. BCD RESEARCH AND DEVEUIFMENT.
Section 501 of the Housing and Urban Development Act of
1970 (12 U.S.C. 1701Z-1) is amended by striking the second sen¬
tence and all that follows and inserting the following new sentence:
“There is authorized to be appropriated to carry out this title
$35,000,000 for fiscal year 1993 and $36,470,000 for fiscal year
1994.”.
SEC. 902. ADMINISTRATION OF DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT.
(a) Special Assistant for Indian and Alaska Native Pro¬
grams.—
(1) Responsibilities. — Section 4(eXl) of the Department
of Housing and Urban Development Act (42 U.S.C. 3533(eXl))
is amended —
(A) by inserting “(A)” after “(1)”;
(B) in the first sentence, by striking “responsible” and
all that follows through “development” and inserting
“located in the Office of the Assistant Secretary for Public
and Indian Housing”; and
(C) by adding at the end the following new subpara-
^aphs:
“(B) The Special Assistant for Indian and Alaska Native Pro¬
grams shall be appointed based solely on merit and shall be covered
under the provisions of title 5, United States Code, governing
appointments in the competitive service.
“(C) The Special Assistant for Indian and Alaska Native Pro¬
grams shall be responsible for —
“(i) administering, in coordination with the relevant office
in the Department, the provision of housing assistance to Indian
tribes or Indian housing authorities under each program of
the Department that provides for such assistance;
“(ii) administering the community development block grant
program for Indian tribes under title I of the Housing and
Community Development Act of 1974 and the provision of
assistance to Indian tribes under such Act;
“(iii) directing, coordinating, and assisting in managing
any regional offices of the Department that administer In^an
programs to the extent of such programs; and
“(iv) coordinating all programs of the Department relating
to Indian and Alaska Native housing and community develop¬
ment.
“(D) The Secrets^ shall include in the annual report under
section 8 a description of the extent of the housing needs for
Indian fanulies and community development needs of Indian tribes
in the United Stotes and the activities of the Department, and
extent of such activities, in meeting such needs.”.
(2) Transfer of functions. — Not later than the expiration
of the 180-day period beginning on the date of the enactment
of this Act, the Secretary of Housing and Urban Development
PUBLIC LAW 102-550— OCT. 28, 1992
106 STAT. 3867
hall transfer to the Special Assistant for Indian and Alaska
Native Programs any functions and duties described in section
r(eXlXB) of the Department of Housing and Urban Develop*
aent Act (as added by paragraph (1) of tins subsection).
(3) Staff. — ^Not later than the expiration of the 1-year
teriod beginning on the date of the enactment of this Act,
he Secreti^ of Housing and Urban Development shall transfer
rom offices within the Department of Housing and Urban
levelopment to the office of the Special Assistant for Indian
nd Alaska Native Programs such staff, having experience and
apacity to administer Indian housing and community develop-
nent programs, as may be necessary and appropriate to assist
e Special Assistant m carrying out the responsibilities under
ection 4(eXlXB) of the Department of Housing and Urban
)evelopment Act (as added by paragrtmh (1) of this subsection).
b) AvoroANCE OF Foreclosure on Mortgages Held by Sec-
EiY. — Section 7(i) of the Department of Housing and Urban
lopment Act (42 U.S.C. 3535(i)) is amended —
(1) in paragraph (5), by inserting before the semicolon
e following: except that with respect to any mortgage
leld by the ^cretary, the Secretary shall, subject to the avail-
bility of amounts provided in appropriation Acts, implement
e authority under this paragraph to reduce the interest rate
n the mortgage to a rate not less than the rate for recently
ssued marketable obligations of the Treasury having a com-
larable maturity if (and to the extent that) such a reduction,
krhen taken together with other actions authorized under the
National Housing Act, is necessary to avoid foreclosure on
e mortgage; and except that for any mortgage for which
e interest rate is reduced pursuant to an appropriation under
e preceding clause, if the Secretary detenmnes that the
acome or ability of the mortgagor to make interest payments
las increased, the Secretary may (not more than once for
ach such mortgage) increase such interest rate to a rate not
xceeding the prevailing market rate, as determined by the
lecretar^; and
(2) in paragraph (6), by inserting before the period the
allowing: including any provisions relating to the authority
r requirements under paragraph (5)”.
c) Program Monitoring and Evaluation.— The first sentence
;tion 7(rX6) of the Department of Housing and Urban Develop-
Act (42 U.S.C. 3535(rX6)) is amended to read as follows:
*e are authorized to be appropriated to carry out this subsection
sums as may be necessary for fiscal year 1993 and fiscal
1994.”.
90S. PARTICIPANTS CONSENT TO RELEASE OF INFORMATION.
a) In General. — Section 904 of the Stewart B. McKinney
3less Assistance Amendments Act of 1988 (42 U.S.C. 3544)
lended by adding at the end the following new subsection:
(e) Conditions of Release of Information by Third Par-
— An applicant or participant under any program of the Depart-
of Housing and Urban Development may not be required
squested to consent to the release of information by third
es as a condition of initial or continuing eligibility for participa-
n the program unless —
42 use 3533
note.
Appropriation
authorization.
106 STAT. 3868
PUBLIC LAW 102-550— OCT. 28, 1992
42 use 3544
note.
12 use 1748h-l.
Discrimination.
42 use 3616a
note.
“(1) the request for consent is made, and the infomoation
secured is maintained, in accoidance with this section, section
552a of title 5, United States Code; and
‘‘(2) (he consent that is requested is appropriately limited,
with resp^ to time and information relevant and necessary
to meet tne requirements of this section.”.
Forms.—
(1) New form.— Not later than the expiration of the 180-
day period beginning on the date of the enactment of this
Act, the Secretary of Housing and Urban Development shall
develcm a release form that meets the requirements of section
904 of the Stewart B. McKinnev Homeless Assistance Amend¬
ments Ak of 1988, as amended by this section. In developing
the form, the Secretary shall consult with interested parties,
which shall include not less than 2 representatives of public
housing agencies, 1 representative of a national tenant
organization, 1 representative of a State tenant organization,
and 1 representative of a legal group representing tenants.
(2) Effect of old form.— Durii^ the period oeginning
upon the date of the enactment of this Act and endmg upon
implementation of the use of the form developed under para¬
graph (1), the benefits provided to an applicant or participant
unemr any program of the Department of Housing and Urban
Development, or eligibility for such benefits, may not be termi¬
nated, denied, suspended, or reduced because of any failure
to si^ any form authorizing the release of information from
any third party (including Form HUD-9886), tf the applic^t
or participant otherwise discloses all financial information
relating to the application or recertification.
SEC. 904. NATIONAL INSTITUTE OF BUILDING SCIENCES.
(a) Technical Correction to Housing and Community
Development Act of 1974.— Section 809 of the Housing and
Community Development Act of 1974 (12 U.S.C. 1701j-2) is
amended —
(1) by redesignating subsections (h) and (i) as subsections
(i) and (j), respectively; and
(2) oy inserting after subsection (g) the material inserted
^ the amendment made by section 952(bX2) of the Cranston-
Cronzalez National Affordaole Housing Act (Public Law 101-
625;104Stat. 4418).
(b) Technical Correction to National Housing Act. — Sec¬
tion 809 of the National Housing Act is amended by striking sub¬
section (h) (as added by section 952(b) of the Cranston-Gonzalez
National Affordable Housing Act).
SEC. 905. FAIR HOUSING INITIATIVES PROGRAM.
(a) Findings. — The Congress finds that —
(1) in the past half decade, there have been mqjor legisla¬
tive and administrative changes in Federal fair housing and
fair lending laws and substantial improvements in the Nation^s
understan&ig of discrimination in the housing markets;
(2) in response to evidence of continuing housing discrimi¬
nation, the Congress passed the Fair Housing Act Amendments
of 1988, to provide for more effective enforcement of fair housing
rights through judicial and administrative avenues and to
ei^and the numner of protected classes covered under Federal
fair housing laws;
PUBLIC LAW 102-550— OCT. 28, 1992
106 STAT. 38(
(3) in the Financial Institutions Reform, Recovery and
Enforcement Act of 1989, the Congress expanded the disclosure
provisions under the Home Mortgage Disclosure Act to provide
increased information on the mortgage lending patterns of
financial institutions;
(4) in the Americans with Disabilities Act of 1990, the
Congress provided a clear and comprehensive national mandate
for me ehmination of discrimination against individuals with
disabilities;
(5) in 1991, data collected under the Home Mortgage Disclo¬
sure Act disclosed evidence of pervasive discrimination in the
Nation’s mortgage lending markets;
(6) the Housing Discrimination Survey, released by the
Department of Housing and Urban Development in 1991, found
that Hispanic and Amcan-American homeseekers experience
some form of discrimination in at least half of their encounters
with sales and rental agents;
(7) the Fair Housing Initiatives Program should be revised
and expanded to reflect the significant changes in the fair
housing and fair lending area that have taken place since
the Program’s initial authorization in the Housing and Commu¬
nity Development Act of 1987;
(8) continuing education^ efforts by the real estate indus-
t^ are a useful way to increase understanding by the public
of their fair housing ri^ts and responsibilities; and
(9) the proven emcaQr of private nonprofit fair housing
enforcement organizations mid community-based efforts makes
support for these organizations a necessary component of the
fair housing enforcement system.
(b) In General. — Section 561 of the Housing and Community
Development Act of 1987 (42 U.S.C. 3616 note) is amended —
(1) by redesimating subsections (b) through (e) as sub¬
sections (e) throu^ (h), respectively;
(2) by inserting after subsection (a) the following new sub¬
sections:
“(b) Private Enforcement Initiatives. —
‘‘(1) In general. — ^The Secretaiy shall use funds made
available under this subsection to conduct, through contracts
with private nonprofit fair housing enforcement organizations,
investigations of violations of the rights granted under title
VIII of the Civil Rights Act of 1968, and such enforcement
activities as appropriate to remedy sudi violations. The Sec-
retcuy ma;i^ enter into multiyear contracts and take such other
action as is appropriate to enhance the effectiveness of such
investigations and enforcement activities.
“(2) AcnviTlES. — The Secretary shall use funds made avail¬
able under this subsection to conduct, through contracts with
private nonprofit fair housing enforcement organizations, a
range of investigative and enforcement activities designed to —
‘‘(A) carry out testing and other investigative activities
in accordance with subsection (bXl), includmg building t^e
capacity for housing investigative activities in unserved
or underserved areas;
‘‘(B) discover and remedy discrimination in the public
and private real estate markets and real estate-related
transactions, including, but not limited to, the maki^ or
purchasing of loans or the provision of other financial
42 use 3616a.
ri
STAT. 3870 PUBLIC LAW 102-550— OCT. 28, 1992
assistance sales and rentals of housing and housing
advertising;
**(0) carry out special projects, including the develop¬
ment of prototypes to respond to new or sophisticated forms
of discrimination against persons protected under title VIII
of the Ci\^ Rights Act of 1968;
**(D) provide technical assistance to local fair housing
organizations, and assist in the formation and development
of new fair housii^ organizations; and
**(E) provide ^ds for the costs and expenses of litiga¬
tion, induding expert witness fees.
“(c) Funding of Housing Organizations.—
tracts. “(1) In general. — ^The Secretary shall use funds made
available under this section to enter into contracts or coopera¬
tive agreements with qualified fair housing enforcement
organizations, other private nonprofit fair housing enforcement
organizations, and nonprofit groups organizing to build their
capacity to provide fair housing enforcement, for the purpose
of supporting the continued development or implementation
of initiatives which enforce the rights granted under title VIII
of the Civil Rights Act of 1968, as amended. Contracts or
cooperative agreements m^ not provide more than 50 percent
of me operating budget of the recipient organization for any
one year.
“(2) Capacity enhancement.— The Secretary shall use
funds made available imder this section to help establish, orga¬
nize, and build the capacity of fair housing enforcement
organizations, particularly in those areas of the country which
are currently underserved by fair housing enforcement
organizations as well as those areas where large concentrations
of protected classes exist. For purposes of meeting the objectives
of this paragraph, the Secretary may enter into contracts or
cooperative agreements with qualified fair housing enforcement
organizations. The Secretary shall establish annum goals which
reflect the national need for private fair housing enforcement
organizations.
“(d) Education and Outreach.—
^tracts. “(1) In general. — ^The Secretary, through contracts with
one or more qualified fair housing enforcement organizations,
other fair housing enforcement organizations, and other non¬
profit organizations representing groups of persons protected
under title VIII of the Civil Rights Act of 1968, shall establish
a national education and outreach program. The national pro¬
gram shall be designed to provide a centralized, coordinated
effort for the development and dissemination of fair housing
media products, including —
“(A) public service announcements, both audio and
video;
“(B) television, radio and print advertisements;
“(C) posters; and
“(D) pamphlets and brochures.
The Secretary shall designate a portion of the amounts provided
in subsection (gX4) for a national program specifically for activi¬
ties related to the annual national fair housing month. The
Secretary shall encourage cooperation with real estate industry
organizations in the national education and outreach proe^am.
The Secretary shall also encourage the dissemination of edu-
cational information and technical assistance to support compli¬
ance with the housing adaptability and accessibility guidelines
contained in the Fair Housing Act Amendments of 19^.
‘‘(2) Regional and local programs— The Secretary,
through contracts with fair housing enforcement organizations,
other nonprofit organizations representii^ ^ups of arsons
protected under title VIII of the Civil Ri^ts Act of 1968,
State and local agencies certified by the Secretary under section
810(f) of the Fair Housing Act, or other public or private entities
that are formulating or carrying out programs to prevent or
eliminate discriminatory housing practices, shall establish or
sup^rt education and outreach programs at the regional and
local levels.
‘‘(3) Community-based programs.— The Secretary shall
provide fimding to fair housing organizations and other non¬
profit organizations representing groups of persons protected
under titie VIII of the Civil Rights Act of 19^, or other public
or private entities that are formulating or carr^^g out pro¬
grams to prevent or eliminate discriminatory housing practices,
to support community-based education and outreach activities,
inclu^g school, church, and community presentations, con¬
ferences, and other educational activities.’*;
(3) in subsection (g), as redesignate by para^aph (1)
by strildng all in the first sentence after ‘‘section,’’ and inserting
the following: ‘‘$21,000,000 for fiscal year 1993 and $26,000,000
for fiscal year 1994, of which —
“(1) not less than $3,820,000 for fiscal year 1993 and
$8,500,000 for fiscal year 1994 shall be for private enforcement
initiatives authorized under subsection (b), divided equally
between activities specified under subsection (bXD and those
specified under subsection (bX2);
“(2) not less than $2,230,000 for fiscal year 1993 and
$8,500,000 for fiscal year 1994 shall be for qualified fair housing
enforcement organizations authorized under subsection (cXl);
“(3) not less than $2,010,000 for fiscal year 1993 and
$4,0(X),000 for fiscal year 1994 shall be for the creation of
new fair housing enforcement organizations authorized under
subsection (cX2); and
“(4) not less than $2,540,000 for fiscal year 1993 and
$5,0(X),000 for fiscal year 1994 shall be for education and out¬
reach programs authorized under subsection (d), to be divided
equally between activities specified under subsection (dXl) and
those specified under subsections (dX2) and (dXS).”; and
(4) by striking subsection (h), as redesignated by paragraph
(1), and inserting the following:
“(h) Qualified Fair Housing Enforcement Organization. —
(1) The term ‘qualified fair housing enforcement organization’ means
any organization that —
“(A) is organized as a private, tax-exempt, nonprofit, chari¬
table organization;
“(B) has at least 2 years ei^rience in complaint intake,
complaint investigation, testing for fair housing violations and
enforcement of meritorious claims; and
“(G) is engaged in all the activities listed in paragraph
(IXB) at the time of application for assistance under this
section.
Contracts.
106 STAT. 3872
PUBLIC LAW 102-550— OCT. 28, 1992
104 Stat. 4413.
An organization which is not solely engaged in fair housing enforce
ment activities may qualify as a qualined fair housing; eniorcemei
organization, provid^ that the organization is actively engage
in each of the activities listed in subparagraph (B).
‘‘(2) T^e term *fair housing enforcement organization’ mean
any organization that —
"(A) meets the requirements specified in para^anh (IXA
‘‘(B) is currently engaged in the activities specified in pan
graph (1)(B);
“(C) upon the receipt of funds under this section will becon
engaged in cQ of ^e activities specified in paragraph (IXB
and
“(D) for purposes of funding under subsection (b), has i
least 1 year of experience in the activities specified in paragra]:
(IXB).
“(i) P^HiBmoN ON Use of Funds. — ^None of the funds autho
ized under tl^ section may be used by the Secret^uy for purpose
of settling claims, satisfying judgments or fulfilling court orde:
in any litigation action involving either the Department or housii
providers ^ded by the Department. None of the funds authorize
under this section may be used by the Department for administr
five costs.
“(j) Reporting Requirements.— Not later than 180 days aft
the close of each fiscal year in which assistance under this secti(
is furnished, file Secretaiy shall prepare wd submit to the Congre;
a comprehensive report which shall contain —
“(1) a description of the progress made in accomplishii
the objectives of tnis section;
“(2) a summary of all the private enforcement activiti
carried out under tl^ section ana the use of such funds durii
the preceding fiscal year;
“(3) a list of ail fair housing enforcement organizafioi
funded under this section during the preceding fiscal yee
identified on a State-by-State basis;
“(4) a summary of all education and outreach activiti
funded under this section and the use of such funds durii
the prececUng fiscal year; and
“(5) any findings, conclusions, or recommendations of t
Secretary as a result of the funded activities.”.
SEC. 90S. NATIONAL COMMISSION ON BIANUFACTURED HOUSING.
(a) Authorization of Appropriations.— Section 943(0 of t
Granston-Gonzalez National Affordable Housing Act is amend
to read as follows:
“(0 Authorization. — Of the amount appropriated pursuant
section 501 of the Housing and Urban Development Act of 19
(12 U.S.C. ITOlz-l), there shall be set aside to carry out fi
section $1,000,000 for fiscal year 1993. Anv amounts provid
pursuant to this section shaU remain available until exj^nded
(b) Functions of the Commission.— Section 943(dXl) of t
Cranston-Gonzalez National Affordable Housing Act is amended
(1) in subparagraph (G), by strikiim “and” at the ei
(2) by adding after subparagraph (G) the follovdng m
subpara^aphs:
^(H) evaluate the extent to which manufacturers
compliance with Federal standards do and should com]
with State implied or expressed warranty requiremen
PUBLIC LAW 102-550— OCT. 28, 1992
106 STAT. 3873
‘XD examine the feasibility of expanding and establish¬
ing standards governing manufactn^ home sales includ¬
ing transportation and on-site set up; and’*; and
(3) by redesignating subparagrapn (H) as subparagraph
(J).
(c) Extension of Termination Date. — Section 943(g) of the
nston-Gonzalez National Affordable Housing Act is amended
striking *^ipon the expiration of the 9 months follovdng the
ointment of all the members under subsection (c)** and inserting
October 1, 1993**.
(d) Staff. — Section 943(e) of the Cranston-Gonzalez National
>rdable Housing Act (Ihiblic Law 101-625; 104 Stat. 44134)
imended by adding at the end the following new paragraph:
“(7) Staff.—
“(A) Executive director. — ^The Commission shall
appoint an executive director of the Commission who shall
be compensated at a rate fixed by the Commission, but
which may not exceed the rate established for level V
of the Executive Schedule under title 5, United States
Code.
“(B) Personnel. — ^In addition to the executive director,
the (Commission may appoint and fbc the compensation
of such personnel as the Commission deems advisable,
in accordance with the provisions of title 5, United States
Code, governing appointments to the competitive service,
and the provisions of chapter 51 and subchapter III of
chapter 53 of such title, relating to classification and Gen¬
eral Schedule pay rates.
“(C) Limitation. — ^This para^aph shall be effective
only to the extent amounts are made available in appropria¬
tion Acts.**.
L 907. MANUFACTURED HOUSING.
Section 604 of the Housing and Community Development Act
L974 (42 U.S.C. 5403) is amended by adding at the end the
>wingnew subsection:
“(j) Tlie Secretary shall develop a new standard for hardboard
el siding on man^actured housing taking into account durabil-
longevity, consumer’s costs for maintenance and any other
vant information pursuant to subsection (f). The Secrets^ shall
3ult with the National Manufactured Home Advisory Council
. the National Commission on Manufactured Housing in
iblishing the new standard. The new performance standard
loped shall ensure the durability of hardboard sidings for at
it a normal life of a mortgage with minimum maintenance
Hired. Not later than 180 days from the date of enactment
his subsection, the Secretary shall update the standards for
board siding.**.
1.908. REAL ESTATE SETTLEMENT PROCEDURES ACT OF 1974.
(a) Appucabiuty to Mortgage Origination.— Section 3(3)
he Real Estate Settlement Procedures Act of 1974 (12 U.S.C.
2(3)) is amended by inserting after “broker,** the following: “the
[ination of a federally related mortgage loan (including, but
limited to, the taking of loan applications, loan processing,
[ the underwriting and funding of loans),**.
104 Stat. 4413.
104 Stat. 4413.
106 STAT. 3874
PUBLIC LAW 102-550— OCT. 28, 1992
12 use 2602
note.
12 use 2602
note.
12 use 2903.
12 use 2907.
12 use 2901
note.
(b) Applicability to Second Mortgages and Refinancings.—
Section 3(1XA) of the Real Estate Settlement Procedures Act of
1974 (12 U.S.C. 2602(1XA)) is amended—
(1) by inserting “or subordinate’* after “first**; and
(2) by inserting before the semicolon the following: includ¬
ing any such secured loan, the proceeds of which are used
to prepay or pay off an existing loan secured by the same
proprty^.
(c) Regulations. — ^The Secretary of Housing and Urban Devel¬
opment shall issue regulations to implement the amendments made
by this section not later than the expiration of the 180-day period
beginning on the date of the enactment of this Act. The relations
shall be issued after notice and opportunity for public comment
pursuant to the provisions of section 553 of title 5, United States
Code (notwithstanding subsections (aX2), (bXB), and (dX3) of such
section).
(d) Effective Date. — ^This section shall take effect on the
date of enactment of this Act and shall not apply retroactively.
SEC. 909. COMMUNITY REINVESTMENT ACT OF 1977.
The Community Reinvestment Act of 1977 (12 U.S.C. 2901
et seq.) is amended —
(1) in section 804 —
(A) by inserting before the first sentence the follov^g:
“(a) In General.—*; and
(B) by adding at the end the following new subsection:
“(b) Majority-Owned Institutions.— In assessing and taking
into account, under subsection (a), the record of a nonminority-
owned and nonwomen-owned financial institution, the appropriate
Federal financial supervisor a|;ency may consider as a tactor cap¬
ital investment, lo^ participation, and other ventures undertaken
by the_ institution in cooperation with minority- and women-owned
financial institutions and low-income credit unions provided that
these activities help meet the credit needs of local communities
in which such institutions and credit unions are chartered.**; and
(2) in section 808(a), by striking “shall be treated as** and
inserting “may be a factor in determining whether the deposi¬
tory institution is**.
SEC. 910. REPORT ON COMMUNITY DEVELOPMENT LENDING.
(a) In Gener^. — Not later than 12 months after the date
of enactment of this section, the Board of Governors of the Federal
Reserve System, in consultation with the Comptroller of the Cur¬
rent, ^ the Chairman of the Federal Deposit Insurance Corporation,
the Director of the Office of Thrift Supervision, and the Chainnan
of the National Credit Union Administration, shall submit a report
to the Congress comparing residentiid, small business, and com-
merci^ lending by insured depository institutions in low-income,
minority, and distressed neighborhoods to such lending in other
neighborhoods.
(b) Contents of Report. — ^The report required by subsection
(a) shall—
(1) compare ^e risks and returns of lending in low-income,
minority, and distressed neighborhoods with the risks and
returns of lending in other neighborhoods;
(2) analyze the reasons for any differences in risk and
return between low-income, minority, and distressed neighbor¬
hoods and other neighborhoods; and
PUBLIC LAW 102-550— OCT. 28, 1992
106 STAT. 3875
(3) if the risks of lending in low-income, minority, and
distressed neighborhoods exceed the risks of lending in other
neighborhoods, recommend ways of mitigating those risks.
C. 911. SUBSIDY LAYERING REVIEW.
(a) In General. — ^The Secretary shall establish guidelines for
using credit agencies, as defined under section 42 of the Internal
venue Code of 1986, to implement the requirements of section
2(d) of the Department of Housing and Urban Development
form Act of 1989 (42 U.S.C. 3545(d)) for projects receiving assist-
e within the jurisdiction of the Department of Housing and
ban Development and under section 42 of the Internal Revenue
de of 1986.
(b) In Particular. — ^The guidelines established pursuant to
bsection (a) shall —
(1) require that the amount of equity capital contributed
by investors to a project partnership is not less than the amount
generally contributed by investors in current market conditions,
as determined by the housing credit agency; and
(2) require that project costs, including developer fees, are
within a reasonable range, taking into account project size,
project characteristics, project location and project risk factors,
as determined by the housing credit agency.
(c) Effective Date. — As of January 1, 1993, a housing credit
ency shall carry out the responsibilities of section 102(d) of the
)using and Urban Development Reform Act for projects allocated
low-income housing tax credit pursuant to section 42 of the
bemal Revenue Code of 1986 if such agency certifies to the
cretary that it is properly implementing the guidelines estab-
hed under subsection (a). The secretary may revoke the respon-
)ility delegated in the preceding sentence if the Secretary deter-
nes that a housing credit agency has failed to properly implement
ch guidelines.
(d) Applicability. — Section 102(d) of the Department of Hous-
I and Urban Development Reform Act of 1989 (42 U.S.C. 3545(d))
all apply only to projects for which an application for assistance
insurance was filed after the date of enactment of the Housing
d Urban Development Reform Act.
C. 912. SOLAR ASSISTANCE FINANCING ENTITY.
(a) Establishment. — ^The Secretary of Housing and Urban
ivelopment shall establish within the Department of Housing
d Urban Development the Solar Assistance Financing Entity
. this section referred to as the **Entity”).
(b) Purpose. — ^llie purpose of the Entit;^ shall be to assist
financing solar and renewable energy capital investments and
ejects for eligible buildings under subsection (c).
(c) Eligible Buildings. — ^The Entity may provide assistance
der this section only for the following buildings:
(1) Single family housing.— Any building consisting of
1 to 4 dwelling units that has a system for heating or cooling,
or both.
(2) Multifamily housing.— Any building consisting of
more than 4 dwelling units that has a system for heating
or cooling, or both.
(3) Commercial buildings. — Any building used primarily
to carry on a business (including any nonprofit business) that
42 use 3545
note.
42 use 5511a.
6 STAT. 3876
PUBLIC LAW 102-550— OCT. 28, 1992
is not used primarily for the manufacture or production of
raw materials, products, or i^cultural commodities.
(4) SCHCX)LS, HOSPITALS, AND AGRICULTURAL BUILDINGS.—
Any school, any hospital, and any building used exclusively
in connection with the hai^esting, storage, or cbying of agricul¬
ture commodities.
(5) Other buildings.— Any other building of a type that
the Entity considers appropriate.
(d) Financing Options. — ^Assistance provided under this sec¬
tion by the Entity may be provided only for programs for financing
solar and renewable energy capital investments and projects, which
may include pro^ams for making loans, making grants, reducing
the principe obligations of loans, prepayment of interest on loans,
purchase and sale of loans and advances of credit, providing loan
guarantees, providing loan downpa^ent assistance, and providing
rebates and other incentives for the purchase and installation of
solar and renewable energy measures.
(e) Authority to Leverage Other Funds.— The Entity may
encourage or require programs receiving assistance imder this sec¬
tion to supplement the assistance received under this section vdth
amounts from other public and private sources, and, in making
assistance under this section available, may give preference to
programs that leverage amounts from such other sources.
(f) Provision of Assistance. — The Entity shall provide assist¬
ance under this section through State agencies responsible for devel¬
oping State ener^ conservation plans pursuant to section 362
of the Energy Policy and Conservation Act, or any other entity
or agency authorized to specifically carry out the purposes of this
section.
(g) Regulations. — ^Not later than the expiration of the 12-
month period bemnning on the date of the enactment of this Act,
the Secretary of Housing and Urban Development, in consultation
with the Secretary of Energy, shall issue any regulations necessary
to cmpr out this section, which shall ensure maximum flexibility
in utilizing amounts made available under this section.
(h) Authorization of Appropriations.— There are authorized
to be appropriated to carry out this section $10,000,000 for fiscal
year 1993 and $10,420,000 for fiscal year 1994. Such sums are
to be available until expended.
(i) Repeals.—
(1) Solar energy and energy conservation bank act.—
Subtitle A of title V of the Energy Security Act (12 U.S.C.
3601 et seq.) is repealed.
(2) Federal national mortgage association charter
ACT.— Sections 316 and 316 of the Federal National Mortgage
Association Charter Act (12 U.S.C. 1723g, 1723h) are repealed.
sec. 913. TECHNICAL AND CONFORMING AMENDMENTS RELATING TO
LABOR WAGE BATES UNDER HOUSING PROGRAMS.
(a) Supportive Housing for the Elderly. — Section 202(jX5)
of the Housing Act of 1959 (12 U.S.C. 1701q(j)(5)), as amended
by section 801 of the Cranston-Conzalez National Affordable Hous¬
ing Act, is amended to read as follows:
“(5) Labor.—
“(A) In general. — ^The Secretary shall take such action
as may be necessary to ensiire that all laborers and mechanics
PUBLIC LAW 102-550— OCT. 28, 1992
106 STAT. 3877
of housing with 12 or more units assisted under this section
shall be paid wages at rates not less than the rates prevailing
in the lo^Jity involved for the corresponding classes of laborers
and mechanics employed on construction of a similar character,
as determined by tiie Secretary of Labor in accordance with
the Act of March 3, 1931 (commonly known as the Davis-
Bacon Act).
“(B) Exemption.— Subparagraph (A) shall not apply to any
individual who —
“(i) performs services for which the individual volun¬
teered;
“(iiXD does not receive compensation for such services;
or
“(II) is paid expenses, reasonable benefits, or a nominal
fee for such services; and
“(iii) is not otherwise employed at any time in the
construction work.”.
(b) Supportive Housing for Persons With Disabiuties.—
sction 811(j)(6) of the Cranston-Gk)nzalez National Affordable
fusing Act ^2 U.S.C. 8013(jX6)) is amended —
(1) by striking “(6) Labor standards. — ^The Secretary” and
inserting the following:
“(6) Labor standards.—
“(A) In general. — ^The Secreta^;
(2) by striking “assisted under this section and designed
for dwelling use by 12 or more persons with disabilities” and
inserting “mth 12 or more units assisted imder this section”;
(3) by inserting “commonly known as” before “the Davis-
Bacon Act”;
(4) 1^ striking “; but the Secretary” and all that follows
through ^Wdertal^g the construction”; and
(5) by adding at the end the following new subparagraph:
“(B) Exemption. — Subparagraph (A) shall not apply
to any individual who —
“(i) performs services for which the individual vol¬
unteered;
“(iiXI) does not receive compensation for such Serv¬
ices; or
“(II) is paid expenses, reasonable benefits, or a
nomi^ fee ror such services; and
“(iii) is not otherwise employed at any time in
the construction work.”.
!C. 914. ENERGY EFFICIENT MORTGAGES.
(a) Definition of Energy Efficient Mortgage. — Section 104
the Cranston-Gonzalez National Affordable Housing Act (42
.S.C. 12704), as amended by section 21(XaXl) of this Act, is
rther amended by adding at the end the following new paragraph:
“(25) The term ‘energy efficient mortgage’ means a mort¬
gage that provides financing incentives for the purchase of
energy efficient homes, or that provides financing incentives
to make energy efficiency improvements in existing homes by
incorporating the cost of such improvements in the mortga|^.”.
(b) Uniform Mortgage Financing Plan for Energy efti-
ENCY. — Section 946 of the Cranston-Gonzalez National Affordable
ousing Act (42 U.S.C. 12712 note) is amended —
6 STAT. 3878
PUBLIC LAW 102-550— OCT. 28, 1992
(1) in subsection (a), by striking ^'mortgage financing incen¬
tives for ener^ efficiency” and inserting “energy efficient mort¬
gages (as su^ term is defined in section 104 of this Act)”;
ana
(2) in subsection (b) —
(A) in the second sentence, by inserting but not
be limited to,” after “include”; and
(B) by inserting after the period at the end of the
following new sentence: “The Task Force shall determine
whether notifying potential home purchasers of the avail¬
ability of energy efficient mo^ages would promote energy
efficiency in residential buildings, and if so, the Task Force
shfidl recommend appropriate notification guidelines, and
agencies and organizations referred to in the preceding
sentence are authorized to implement such guidelines. .
SEC. 916. ECONOMIC OPPORTUNITIES FOR LOW- AND VERY LOW-
INCOME PERSONS.
Section 3 of the Housing and Urban Development Act of 1968
(12 U.S.C. 1701u) is amended to read as follows:
“SEC. 8. ECONOMIC OPPORTUNITIES FOR LOW- AND VERY LOW-
INCOME PERSONS.
“(a) Findings. — ^The Congress finds that —
“(1) Federal housing and community development programs
provide State and local governments and other recipients of
Federal financial assistance with substantial funds for projects
and activities that produce significant employment and other
economic opportunities;
“(2) low- and very low-income persons, especially recipients
of government assistance for housing, often have restricted
access to employment and other economic opportunities;
“(3) the employment and other economic opportunities gen¬
erated by projects and activities that receive Federal housing
and community development assistance offer an effective means
of empowering low- and very low-income persons, particularly
persons who are recipients of government assistance for hous-
mg; and
“(4) prior Federal efforts to direct employment and other
economic opportunities generated bv Federal housing and
community development programs to low- and very low-income
persons have not Men fulfy effective and should be intensified.
“(b) Policy. — It is the policy of the Congress and the purpose
of this section to ensure that the employment and other economic
opportunities generated by Federal financial assistance for housing
and community development programs shall, to the greatest extent
feasible, be directed toward low- and very low-income persons,
particularly those who are recipients of government assistance for
housing.
“(c) Employment.—
“(1) PUBUC and INDIAN HOUSING PROGRAM.—
“(A) In general. — ^The Secretary shall require that
public and Indian housing agencies, and their contractors
and subcontractors, make their best efforts, consistent with
existing Federal, State, and local laws and regulations,
to give to low- and very low-income persons the training
and employment opportunities generated by develmment
assistance provided pursuant to section 5 of the United
PUBLIC LAW 102-550— OCT. 28, 1992
106 STAT. 3879
States Housing Act of 1937, operating assistance provided
pursuant to section 9 of that Act, and modernization grants
provided p^uant to section 14 of that Act.
“(B) Priority. — ^The efforts required under subpara¬
graph (A) shall be directed in the following order of priority:
“(i) To residents of the housing developments for
which the assistance is expended.
“(ii) To residents of other developments managed
by the public or Indian housing agency that is expend¬
ing the assistance.
“(iii) To participants in Youthbuild pronams
receiving assistance under subtitle D of title IV of
the Cranston-Gonzalez National Affordable Housing
Act.
“(iv) To other low- and very low-income persons
residing within the metro^litan area (or
nonmetropolitan county) in which the assistance is
expended.
“(2) Other programs.—
“(A) In general. — In other programs that provide
housing and conununity development assistance, the Sec¬
retary shall ensure that, to the greatest extent feasible,
and consistent with existin|; Federal, State, and loc^ laws
and regulations, opportunities for training and employment
arising in cxinnection with a housing rehabilitation (includ¬
ing reduction and abatement of lead-based paint hazards),
housing construction, or other public construction proiect
are ^ven to low- and very low-income persons resimng
within the metropolitan area (or nonmetropolitan countj^
in which the project is located.
“(B) Priority. — ^Where feasible, priority should be
given to low- and very low-income persons residing within
the service area of the project or the neighbomood in
which the project is located and to pa^cipants in
Youthbuild programs receivi^ assistance under subtitle
D of title IV of the Cranston-C^nzalez National Affordable
Housing Act.
“(d) Contracting.—
“(1) Public and Indian housing program.—
“(A) In general. — The Secretary shall require that
public and Indian housing agencies, and their contractors
and subcontractors, make their best efforts, consistent with
existing Federal, State, and local laws and regulations,
to award contracts for work to be performed in connection
with develcmment assistance provided pursuant to section
5 of the United States Housing Act of 1937, operating
assistance provided pursuant to section 9 of that Act, and
modernization grants provided pursuant to section 14 of
that Act, to business concerns that provide economic
opportunities for low- and very low-income persons.
“(B) Priority. — ^The efforts required under subpara¬
graph (A) shall be directed in the following order of priority:
“(i) To business concerns that provide economic
opportunities for residents of the housing development
for which the assistance is provided.
“(ii) To business concerns that provide economic
opportunities for residents of other nousing develop-
106 STAT. 3880
PUBLIC LAW 102-550— OCT. 28, 1992
ments operated by the public and Indian housing
agency that is providing the assistance.
‘^(iii) To Youthbuila programs receiving assistance
under subtitle D of title IV of the Cranston-Gonzalez
National Affordable Housing Act.
‘^(iv) To business concerns that provide economic
opportunities for low- and very low-income persons
residing within the metropolitan area (or
nonmetropolitan coimty) in which the assistance is
provided.
“(2) Other programs.—
“(A) In general. — In providing housing and commu¬
nity development assistance pursuant to other programs,
the Secretary shall ensure that, to the greatest extent
feasible, and consistent with existing Federal, State, and
local laws and regulations, contract awarded for work
to be performed in connection with a housing rehabilitation
(including reduction and abatement of lead-based paint
hazards), housing construction, or other public construction
project are given to business concerns that provide eco¬
nomic opportunities for low- and very low-income persons
residing within the metropolitan area (or nonmetropolitan
county) in which the assistance is expended.
“(B) Priority. — ^Where feasible, priority should
given to business concerns which provide economic
opportunities for low- and very low-income persons residing
within the service area of the prdect or the neighborhood
in which the project is located and to Youthbuild programs
receiving assistance imder subtitle D of title iV of the
Cranston-Gonzalez National Affordable Housing Act.
“(e) Definitions. — ^For the purposes of this section me following
definitions shall apply;
“(1) Low- AND VERY LOW-INCOME PERSONS.— The terms ‘low-
income persons’ and Very low-income persons’ have the same
meaning given the terms ‘low-income families’ and Very low-
income families’, respectively, in section 3(bX2) of the United
States Housing Act or 1937.
“(2) Business concern that provides economic
OPPORTUNITIES. — ^The term ‘a business concern that provides
economic opportunities’ means a business concern that —
“(A) provides economic opportunities for a class of per¬
sons that has a msgority controlling interest in the
business;
“(B) employs a substantial number of such persons;
or
“(C) meets such other criteria as the Secretary may
establish.
“(0 Coordination With Other Federal Agencies.— 'The Sec¬
retary shall consult with the Secretary of Labor, the Secretary
of Health and Human Services, the Secretary of Commerce, the
Administrator of the Small Business Administration, and such other
Federal agencies as the Secretary determines are necessary to
carry out tms section.
“(g) Regulations. — Not later than 180 days after the date
of enactment of the National Affordable Housing Act Amendments
of 1992, the Secretary shall promulgate regulations to implement
this section.”.
PUBLIC LAW 102-550— OCT. 28, 1992
106 STAT. 3881
\ 91«. STUDY OF THE EFFECnVENBSS OF SECTION 8 OF THE HOUS-
ING AND UBBAN DEVELOPMENT ACT OF 1968.
(a) In General.— The Secretary of Housing and Urban Develop-
nt shall submit to the Congress, not later than 1 year after
date of the enactment of this Act, a report describing —
(1) the Secretary’s efforts to enforce section 3 of the Housing
and Urban Development Act of 1968;
(2) the barriers to full implementation of section 3 of the
Housing and Urban Development Act of 1968;
(3) the anticipated costs and benefits of fbll implementation
of section 3 of we Housing and Urban Development Act of
1968; and
(4) recommendations for legislative changes to enhance
the effectiveness of section 3 of the Housing and Urban Develop¬
ment Act of 1968.
(b) Contents.—
(1) Enforcement. — ^The description under subsection (aXD
of the Secretary’s enforcement efforts shall include, at a
minimum —
(A) a discussion of how responsibility for implementing
section 3 of the Housing and Urban Development Act of
1968 is allocated within the Department of Housing and
Urban Development;
(B) a discussion of the status of existing regulations
implementing such section 3;
(C) a discussion of ongoing efforts to enforce current
regulations;
(D) a list of the programs under the responsibility
of the Secretary with respect to which the Secretary is
enforcing section 3; and
(E) a separate description of the activities carried out
under section 3 with respect to each of these programs.
(2) Impediments. — ^The discussion under subsection (aX2)
of the external impediments to effective enforcement of section
3 of the Housing and Urban Development Act of 1968 shall
include, at a minimum, a discussion of—
(A) any lack of necessary training for targeted employ¬
ees and technical assistance to target^ businesses;
(B) any barriers created by Federal, State, or local
procurement regulations or other laws;
(C) any difficulties in coordination with labor unions;
(D) any difficulties in coordination with other
implicated Federal agencies; and
(£) any lack of resources on the part of recipients
of assistance who are responsible for carrying out section
3 of the Housing and Urban Development Act of 1968.
(c) Consultation. — ^In preparing the report under this sub-
tion, the Secretary shall consult with the Secretary of Labor,
! Sectary of Commerce, the Secretary of Health and Human
:vices, the Administrator of the Small Business Administration,
ler appropriate Federal officials, and recipients of Federal housing
1 community development assistance who are responsible for
uniting section 3 of the Housing and Urbeui Development Act
L968.
12 use 1701U
note.
Reports.
106 STAT. 3882
PUBLIC LAW 102-550— OCT. 28, 1992
SEC. 917. INDIAN HOUSING AUTHORITIEa
Appropriation There is authorized to he appropriated $500,000 for fiscal
authorization. ^993 $621,000 for fiscal year 1994 to a nonprofit organization
under section 501(cX3) of the Internal Revenue Code of 1986 that
has been in existence since 1975 and that provides training,
nical assistance, and information to Indian housing authorities,
Indian tribal governments, and other groups. These sunGus shall
be used by such nonprofit organization to —
(1) provide technical assistance and training to Indian hous¬
ing authorities;
(2) improve the administrative capacities of Indian housing
authorities; and
(3) provide for other activities designed to improve Indian
housing conditions.
SEC. 918. STUDY REGARDING FORECLOSURE ALTERNATIVES.
(a) In General. — ^The Secretary of Housing and Urban Develop¬
ment shall conduct a study to review and analyze alternatives
to foreclosure for homeowners whose principal residences are subject
to federally-related mortgages (in connection with federally related
mortgage loans, as such term is defined in section 3 of the Real
Estate ^ttlement Procedures Act of 1974) imder which the home-
owner is in default. In conducting the study, the Secretary —
(1) may consult with any appropriate Federal agencies
that make, insure, or guarantee morteage loans relating to
1- to 4-family dwellings and with the Federal National Mort¬
gage Association, the Federal Home Loan Mortgage Corj^ra-
tion, the Government National Mortgage Association, and the
Federal Agricultural Mortgage Corporation; and
(2) shall review and assess the adequacy, with respect
to providing alternatives to foreclosure, of—
(A) the temporary mortgage assistance payments pro-
aam authorized under section 230 of the National Housing
Act;
(B) the authority of the Secretary to modify interest
rates and other terms of mortgages transferred to the Sec¬
retary under section 7(i) of the Department of Housing
and Urban Development Act; and
(C) any authority pursuant to Debt Collection Act of
1982 to reduce interest rates on outstanding debt to the
borrowing rate for the Treasury of the United States.
The Secretary shall evaluate alternatives to foreclosure based on
fairness of the procedures to the homeowner and reducing adverse
effects on the mortgage lending system.
(b) Report. — ^Not later than March 1, 1993, the Secretary shall
submit a report to the Congress regarding the results of the study
conduct^ under subsection (a). The report shall contain a detailed
description and assessment of each alternative to foreclosure ana¬
lyzed under the study and a statement by the Secreta^ regarding
me intent of the Secretary to use any authority avcdlable under
the provisions referred to in subsection (aX2) to avoid foreclosure
under mortgages (and any reasons for not using such authority).
The report may also contain any recommendations of the Secreteuy
for administrative or legislative action to assist homeowners to
avoid foreclosure and any loss of equity in their mortgaged homes
that may result from foreclosure.
PUBLIC LAW 102-550— OCT. 28, 1992
106 STAT. 3883
»19. REGULATIONS CLARIFYINO THE TERM **HOUSING FOR
OLDER PERSONS*.
lie Secretary of Housing and Urban Development shall, not
than 180 ^ys after the date of the enactment of this Act,
rules defining what are ‘^sin^cant facilities and services
[ally designed to meet the physical or social needs of older
ns” required under section 807(bX2) of the Fair Housing Act
set the definition of the term "housing for older persons”
5h section.
120. USE OF DOMEG^C PRODUCTS.
i) Prohibition Against Fra^ulent Use of “Made in Amer-
ABELS. — ^A person shall not intentionally affix a label bearing
iscription of “Made in America”, or any inscription with that
ng, to any product sold in or shipped to the United States,
t piquet is not a domestic product.
i) Report.— The Secretary of Housing and Urban Development
he Secretary of Agriculture shall each submit, before Janu-
, 1994, a report to the Congress on procurements of products
ire not domestic products. i
:) Definitions. — ^For the purposes of this section, the term
38tic product” means a product—
(1) that is manufactured or produced in the United States;
nd
(2) at least 50 percent of the cost of the articles, materials,
supplies of which are mined, produced, or manufactured
1 the United States.
121. IMPROVED COORDINATION OF URBAN POLICY.
itle VII of the Housing and Urban Development Act of 1970
.S.C. 4501 et seq.) is amended —
(1) in section 702(d), by striking paragraph (8) and inserting
[le following:
“(8) increase coordination among Federal programs that
eek to promote job opportunities and skills, decent and afford-
ble housii^, public safety, access to health care, educational
pportunities, and fiscal soundness for urban communities and
neir resident^.”;
(2) in section 703(a) —
(A) by striking “during February 1978, and during
Februmy of every even-numbered year thereafter,” and
inserting “, not later than June 1, 1993, sind not later
than the first day of June of every odd-numbered year
thereafter,”; and
(B) in paragraph (8), by striking “such” and all that
follows through the end of the sentence and inserting “legis¬
lative or administrative proposeds —
“(A) to promote coordination among Federal programs
to assist urban areas;
“(B) to enhance the fiscal capacity of fiscally distressed
urban areas;
“(C) to promote job opportunities in economically dis¬
tressed urban areas and to enhance the job skills of resi¬
dents of such areas;
“(D) to generate decent and affordable housing
“(E) to reduce radaUtensions and to combat racial
and ethnic violence in urbrn jEureas;
42 use 3607
note.
42 use 3546.
42 use 4502.
42 use 4503.
106 STAT. 3884
PUBLIC LAW 102-550— OCT. 28, 1992
42 use 4503.
42 use 3537c.
42 use 12714
note.
42 use 3536.
‘'(F) to combat urban drug abuse and drug-related
crime and violence;
“(G) to promote the delivery of health care to low-
income communities in urban areas;
“(H) to expand educational opportunities in urban
areas; and
“(1) to adiieve the goals of the national urban policy.**;
and
(3) by adding at the end of section 703 the following new
subsection:
“(d) Referral. — ^The National Urban Policy Report shall, when
transmitted to Congress, be referred in the Senate to the Committee
on Banldng, Housing, and Urban Affairs, and in the House of
Representatives to the Committee on Banking, Finance and Urban
AnWs.**.
SEC. 022. PROHmrnON OF LUMP-SUM PAYMENTS.
The Department of Housing and Urban Development Act (42
U.S.C. 3531 et seq.) is amended oy adding at the end the following
new section:
“PROmBinON OF LUMP-SUM PAYMENTS
“Sec. 14. In providing relocation assistance in connection vdth
any program ad^nistered by the Department of Housing and
Urban Development, the Secretary may not make lump-sum pay¬
ments to any displaced residential tenant, except where necessary
to cover —
“(1) moving expenses;
“(2) a downpayment on the purchase of a replacement
residence, includmg a condominium unit or membership in
a cooperative housing association; or
“(3) any incidental expenses related to paragraph (1) or
(2).**.
SEC. 923. ECONOMIC INDEPENDENCE.
The Secretaiy of Housing and Urban Development should
immediately implement section 957 of the Cranston-Gonzalez
National Aubrdaole Housing Act (42 U.S.C. 12714). Other Feder^
agencies authorized to assist low-income families should take simi¬
lar steps to encourage economic independence and the accumulation
of assets.
SEC. 924. ADMINISTRATIVE PROVISION.
Subject to the availability of appropriations for this purpose,
the Secretary of Housing and Urban Development shall cancel
the indebtedness of the town of McLain, Mississippi, relating to
the public facilities loan (Project No. MS 94-PFL39456). The town
of McLain, Mississippi, is relieved of all liabilitv to the (lovemment
for the outstanding principal balance on such loan, for the amount
of accrued interest on such loan, and for any other fees and charges
payable in connection with such loan.
SEC. 925. PERFORMANCE GOALS.
(a) Performance Goals for the Department of Housing
AND Urban Development.—
(1) In general. — The Secretary of the Department of Hous¬
ing and Urban Development (hereafter in this Act referred
to as the “Secretary**) may establish performance goals for
PUBLIC LAW 102-550— OCT. 28, 1992
106 STAT. 3885
e nuyor pro^ams of the Department of Housinfl^ and Urban
Development m order to measure progress towards meeting
e objectives of national housing pohcy.
(2) Form of goals. — ^The performance goals referred to
in paragraph (1) shall be expressed in terms sufficient to meas¬
ure progress.
(3) Report. — ^The Secretary shall include in the Secretary’s
anniial report to the Congress a description of the progress
made in attaining the performance goals for each program,
citing the results achieved in each program for the previous
year.
(4) Failure to meet goals. — ^If a i^rformance standard
Dr goal has not been met, the description under paragraph
(3) shall include an explanation of why the goal was not met,
propose plans for achieving the performance goal, and rec¬
ommend any lemslative or regulatory changes necessary for
achievement of the goal.
(b) Performance C^als for the Farmers Home Administra-
(1) In general. — ^The Secretary of Agriculture may estab¬
lish performance goals for the msgor housing programs of the
Farmers Home Administration in order to measure progress
towards meeting the objectives of national housing policy.
(2) Form of goals. — ^The performance go^s referred to
paragraph (1) shall be expressed in terms sufficient to meas¬
ure progress.
(3) Report. — ^The Secretary of Agriculture shall prepare
a report to the Congress on the progress made in attaining
the performance goms for each program, citing the actual
results achieved in such program for the previous year.
(4) Failure to meet goals.— If a performance standard
or raal has not been met, the report under paragraph (3)
shall include an explanation of why the goal was not met,
propose plans for achieving the performance goal, and rec¬
ommend any legislative or regulatory changes necessary for
achievement of the goal.
926. REGULATION OF CONSULTANTS.
Section 13(f)(1) of the Department of Housing and Urban Devel-
ent Act (42 U.S.C. 3537b(f)(l)) is amended by striking “author-
‘^State”, and *1ocal government”, and by a;dding immediately
re the period at the end the following: but does not include
te or local government, or the officer or employee of a State
ocal government or housing finance agency tnereof who is
ged in the official business of the State or local government”.
927. CLARIFICATION ON UTILITY ALLOWANCES.
(a) Eligibility.— Tenants who—
(1) are responsible for making out-of-pocket payments for
utility bills; and
(2) receive energy assistance through utility allowances
that include energy costs under programs identified in sub¬
section (c);
I not have their eligibility or benefits under other programs
^ed to assist low-income people with increases in energy costs
i 1978 (including but not limited to the Low-Income Home
rgy Assistance Program) reduced or eliminated.
42 use 1471
note.
42 use 8624
note.
16 STAT. 3886
PUBLIC LAW 102-550— OCT. 28, 1992
2 use 4014.
(b) Equal Treatment in Benefit Programs.— Tenants
descried in subsection (a) shall be treated identically with other
households eligible for such assistance, including in the determina¬
tion of the home energy costs for which they are individually respon¬
sible and in the determination of their incomes.
(c) APPUCABlLriY. — ^This section applies to programs under the
Unit^ States Housing Act of 1937, the National Housing Act,
section 101 of the Housing and Urban Development Act of 1965,
section 202 of the Housing Act of 1959, and title V of the Housing
Act of 1949.
SEC. l»2a. FLOOD CONTROL RESTORATION ZONE.
Section 1307 of the National Flood Insurance Act of 1968 is
amended by adding at the end the following new subsection:
‘^(f) Notwithstanding any other provision of law, this subsection
shall only applv in a community which has been determined by
the Dire^r of the Federal Emergency Management Agency to
be in the process of restoring flood protection horded by a flood
protection system that had Men previously accredited on a Flood
Insurance Rate Map as providing 100-year frequency flood protec¬
tion but no longer does so. Except as provided in this subsection,
in such a community, flood insurance shall be made available
to those properties impacted by the disaccreditation of the flood
protection system at premium rates that do not exceed those which
would be applicable to any property located in an area of special
flood hazard, the construction of which was started prior to the
effective date of the initial Flood Insurance Rate Map published
by the Director for the community in which such property is located.
A revised Flood Insurance Rate Mw shall be prepared for the
community to delineate as iZone AR the areas of special flood
hazard that result from the disaccreditation of the flood protection
system. A community will be considered to be in the process of
restoration if—
‘^(1) the flood protection system has been deemed restorable
. by a Federal agency in consultation with the local project
sponsor;
**(2) a minimum level of flood protection is still provided
to the community by the disaccredited system; and
“(3) restoration of the flood protection system is scheduled
to occur within a designated time period and in accordance
with a progress plan negotiated between the community and
the Federal Emergency Management Agency.
Communities that the Director of the Federal Emergency Manage¬
ment Agency determines to meet the criteria set forth in paragra^s
(1) and (2) as of January 1, 1992, shall not be subject to revised
Flood Insurance Rate Maps that contravene the intent of this
subsection. Such communities shall remain eli^ble for C zone rates
for properties located in zone AR for any policy written prior to
promulgation of final regulations for this section. Floodplain
management criteria for such communities shall not require the
elevation of improvements to existing structures and shall not
exceed 3 feet above existing grade for new construction, provided
the base flood elevation based on the disaccredited floM control
system does not exceed five feet above existing grade, or the remain¬
ing new construction in such communities is limited to infill sites,
rehabilitation of existing structures, or redevelopment of previously
developed areas.
PUBLIC LAW 102-550— OCT. 28, 1992
106 STAT. 3887
irector of the Federal Emergency Management Agency shall
p and promulgate regulations to implement this subsection,
g minimum floodplain management criteria, within 24
s after the date of enactment of tms subsection.”.
S9. SALARIES AND EXPENSES.
»ction 7 of the Department of Housing and Urban Develop-
Act (42 U.S.C. 3535) is amended by inserting at the end
lowing new subsection:
iXD Notwithstanding any other provision of law, there is
ized to be appropriated for salaries and exjpenses to carry
e purposes of this section $988,0()0,()()0 for fiscal year 1993
.,029,496,000 for fiscal year 1994.
2) Of the amounts authorized to be appropriated by this
1, $96,000,000 shall be available for each of the fiscal years
md 1994, which amoimts shall be used to provide staff in
si, field, or zone offices of the Department of Housing and
I^velopment to review, process, approve, and service applica-
‘ r mortgage insurance under title 11 of the National Housing
‘ housing consisting of 5 or more dwelling units.
1) Of the amounts authorized to be appropriated to cany
is section, not less than $5,000,000 of such amoimt shall
lilable for each fiscal year exclusively for the purposes of
ing ongoing training and capacity building for Department
nel.”.
M. THE NATIONAL CITIES IN SCHOOLS COMMUNITY DEVELOP¬
MENT PROGRAM.
) Purpose. — ^The purposes of this section are —
(1) to empower the local community by investing in its
iman capital through a private-public partnership to rebuild
ban and rural communities througn schools and other
mmunity organizations, including public housing commu-
ies; and
(2) to ensure that by December 1997, the Cities in Schools
ngram, through the National Center for Partnership Develop-
ent, will have developed the capacity to reach 500,000 at-
}k youth and their families through community-wade
ograms that channel existing community resources to provide
irsonal, coordinated and accountable support.
Grants To Strengthen the National Cities in Schools
AM. — ^The Secretary of Housing and Urban Development shall
grants to expand the National Cities in Schools ProgrEun
aerations of the National Center for Partnership Development
(1) develop, establish, and support projects to strengthen
cal community dropout prevention programs in elementary
id secondary schools;
(2) train community leaders responsible for the
iplementation of local community Cities in Schools dropout
evention pro^ams; and
(3) disseminate to, and support replication by, States and
mmunities of effective dropout prevention strategies.
I Authorization. — ^There are authorized to be appropriated
ry out this section $10,000,000 for fiscal year 1993 and
!0,000 for fiscal year 1994.
Regulations.
Appropriation
authorization.
Appropriation
authorization.
Jb STA'I.
FUiiLlC LAW iUZ-t)i)U— U(JT. 15^92
2 use 1817.
2 use 1834a.
.2 use 1834a.
SEC. 931. BANK ENTERPRISE ACT OF 1991 AND RELATED PROVISIONS.
(a) Assessment Rate for Lifeline Account Deposits.— Sec¬
tion 7(bX10) of the Federal Deposit Insurance Act (12 U.S.C.
1817(bX10)) (as added by section 232(bX2) of the Bank Enterprise
Act of 1991) is amended by striking ‘^at the assessment rate of
V2 the maximum rate.” and inserting “at an assessment rate to
be determined by the Corporation by regulation. Such assessment
rate may not be less than Vz the maximum assessment rate.”.
(b) Assessment Procedure.— Section 7(bX2XAXiii)(I) of the
Federal Deposit Insurance Act (12 U.S.C. 1917(bX2)(A)<iiiXI)) (as
added by section 232(b)(3XC) of the Bank Enterprise Act of 1991)
is amended to read as follows:
“(I) the assessment rate determined by the
Corporation pursuant to para^aph (10) with
respect to such semiannual period; and”.
(c) Qualifying Activities for Assessment Credits.— Section
233(aX2) of the Bank Enterprise Act of 1991 (12 U.S.C. 1934a(a)(2))
is amended to read as follows:
“(2) Qualifying activities.— An insured depository institu¬
tion shall be eligible for any community enterprise assessment
credit for any semiannual period for —
“(A) the amoimt, during such period, of new origina¬
tions of qualified loans and other financial assistance pro¬
vided for low- and moderate-income persons in distressed
commimities, or enterprises integrally involved with such
neighborhoods, which the Board determines are qualified
to be taken into accoimt for purposes of this subsection;
and
“(B) the amount, during such period, of deposits
accepted from persons domiciled in the distressed commu¬
nity, at any office of the institution (including any branch)
located in any qualified distressed community, and new
originations of any loans and other financial assistance
made within that community, except that in no case shall
the credit for deposits at any institution or branch exceed
the credit for loans and other financial assistance by the
bank or branch in the distressed community.”.
(d) Amount of Assessment Credit.— Section 233(aX3) of the
Bank Enterprise Act of 1991 (12 U.S.C. 1934a(a)(3)) is amended
to read as follows:
“(3) Amount of assessment credit.— The amount of any
community enterprise assessment credit available under section
7(dX4) of the Federal Deposit Insurance Act for any insured
depository institution, or a qualified portion thereof, shall be
the amoimt which is equal to 5 percent, in the case of an
institution which does not meet the community development
organization requirements under section 234, and 15 percent,
in the case of an institution, or a qualified portion thereof,
which meets such requirements (or any percentage designated
under paragraph (5)) of—
“(A) for the first full semiannual period in which
community enterprise assessment credits are available, the
sum of—
“(i) the amounts of assets described in paragraph
(2XA);and
“(u) the amoimts of deposits, loans, and other
financial assistance described in paragraph (2XB); and
PUBLIC LAW 102-550— OCT. 28, 1992 106 STAT. 3889
‘‘(B) for any subsequent semiannual period, the sum
of—
“(i) anv increase during such period in the amount
of assets described in paragraph (2XA) that has been
deemed eligible for cre<ut by the Board; and
“(ii) any increase during such period in the
amounts of deposits, loans, and other financial assist¬
ance described in para^aph (2XB) that has been
deemed eligible for credit by the Board.".
(e) Eugibility Requirements for Qualified Distressed
tlMUNlTlES. — Section 233(bX4) of the Bank Enterprise Act of
1 (12 U.S.C. 1934a(bX4)) is amended to read as follows: 12 use I834a.
“(4) EuGmiLiTY REQUIREMENTS. — ^For purposes of this sub¬
section, an area meets the requirements or this paragraph
if the following criteria are met:
“(A) At least 30 percent of the residents residing in
the area have incomes which are less than the national
poverty level.
“(B) The unemployment rate for the area is IVa times
l^ater than the national average (as determined by the
Bureau of Labor Statistics* most recent figmres).
“(C) Such additional eligibility requirements as the
Board ma^, in its discretion, deem necessary to cany out
the provisions of this subtitle.".
!. 932. DISCLOSURES UNDER THE HOME MORTGAGE DISCLOSURE
ACTOF197S.
(a) In General. — Section 304 of the Home Mortgage Disclosure
of 1975 (12 U.S.C. 2803) is amended by adding at the end
following new subsections:
“(j) Loan Appucation Register Information.—
“(1) In general. — ^In addition to the information required Regulations,
to be disclosed under subsections (a) and (b), any depositor
institution which is required to make disclosures unaer this
section shall make available to the public, upon request, loan
application register information (as defuied by the Board by
regulation) in the form required under regulations prescribed
by the Board.
“(2) Format of disclosure.—
"(A) Unedited format. — Subject to subparagraph (B),
the loan application register information described in para¬
graph (1) may be disclosed by a depository institution with¬
out editing or compilation and m the format in which
such information is maintained by the institution.
“(B) Protection of appucant’s privacy interest.—
The ^ard shall require, by regulation, such deletions as Regulations,
the Board may determine to be appropriate to protect —
"(i) any privacy interest of any applicant, including
the deletion of the applicant’s name and identification
number, the date of the application, and the date of
any determination by the institution with respect to
such application; and
"(h) a depository institution from liability under
aiw Federal or State privacy law.
“(c!) Census tract format encouraged.— It is the
sense of the Congress that a depository institution should
provide loan register information under this section in a
STAT. 3890
PUBLIC LAW 102-550— OCT. 28, 1992
format based on the census tract in which the property
is
“(3) Change of form not required.— A depository institu¬
tion meets the disclosure requirement of paragraph (1) if the
institution provides the information re(]|uii^ under such para¬
graph in tne form in which the institution maintains such
information.
“(4) Reasonable charge for inforn^tion.— Any deposi¬
tory institution which provides information under this sub¬
section may impose a reasonable fee for any cost incurred
in reproducing such information.
*X5) Time of disclosure.— The disclosure of the loan
application register information described in pcmagraph (1) for
any year pursuant to a request under paragraph (1) shall
be made —
"(A) in the case of a request made on or before March
1 of the succeeding year, before April 1 of the succeeding
year; and
“(B) in the case of a request made after March 1
of the succeeding year, before tne end of the 30-day period
beginning on the date the request is made.
“(6) Retention of information.— Notwithstanding sub¬
section (c), the loan application remster information described
in paragraph (1) for any year shaU be maintained and made
available, upon request, for 3 years after the close of the Ist
year during which such information is required to be main¬
tained and made available.
“(7) Minimizing compliance costs.— In prescribing regula¬
tions under this subsection, the Board shall make every effort
to minimize the costs incurred by a depository institution in
comparing with this subsection and such regulations.
“(k) Disclosure of Statements by Depository Institu¬
tions.—
“(1) In general. — In accordance with procedures estab¬
lish^ by the Board pursuant to this section, any depository
institution required to make disclosures under this section—
“(A) shall make a disclosure statement available, upon
request, to the public no later than 3 business da^ after
the institution receives the statement from the Federal
Financial Institutions Examination Council; and
“(B) may make such statement available on a floppy
disc which may be used with a personal computer or in
any other media which is not prohibited imder regulations
prescribed by the Board.
“(2) Notice that data is subject to correction after
FINAL REVIEW.— Any disclosure statement provided pursuant
to para^aph (1) shall be accompanied by a clear and conspicu¬
ous notice that the statement is subject to final review and
revision, if necessary.
“(3) Re^onable charge for INFORMATION.— Any deposi¬
tory institution which provides a disclosure statement pursuant
to paranaph (U may impose a reasonable fee for any cost
incurred in providing or reproducing such statement.
“(1) Prompt Disclosures. —
“(1) In GENERAL. — Any disclosure of information pursuant
to this section or section 310 shidl be made as promptly as
possible.
PUBLIC LAW 102-550— OCT. 28, 1992
106 STAT. 3891
“(2) Maximum disclosure period.—
‘‘(A) 6- AND 9-MONTH MAXIMUM PERIODS.— Except as
provided in subsections (jX5) and (kXD and regulations
prescribed by the Board and subject to subparagraph (B),
any information required to be disclosed for any year begin¬
ning after December 31, 1992, under —
‘‘(i) this section shall be made available to the
public before September 1 of the succeeding year; and
‘‘(ii) section 310 shall be made available to the
public l^fore December 1 of the succeeding year.
“(B) Shorter periods encouraged after 1994. — ^With
respe<^ to disclosures of information under this section
or section 310 for any year beginning after December 31,
1993, every effort shall be made —
“(i) to make information disclosed under this sec¬
tion available to the public before July 1 of the succeed¬
ing year; and
“(ii) to make information required to be disclosed
under section 310 available to the public before
September 1 of the succeeding year.
“(3) Improved procedure. — ^The Federal Financial Institu-
ons Examination Council shall make such changes in the
ystem established pursuant to subsection (!) as may be nec-
issary to carry out the requirements of this subsection.^.
b) Technical and Conforming Amendment. — Section 304(c)
B Home Mortgage Disclosure Act of 1975 (12 U.S.C. 2803(c))
tended by inserting “, other than loan application register
nation imder subsection (j),” after “under this section”.
c) Effective Date. — ^The amendments made by subsections
id (b) shall apply with respect to information disclosed under
>n 304 of tiie Home Mortgage Disclosure Act of 1975 for any
which ends after the date of the enactment of this Act.
938. PROHmmON on use of ^ULE of IViT IN CONNECTION
WITH MORTGAGE REFINANCINGS AND OTHER CONSUMER
LOANS.
a) Prompt Refund of Unearned Interest Required. —
(1) In general. — ^If a consumer prepays in ftdl the financed
imount under any consumer credit transaction, the creditor
hall promptly refund any unearned portion of the interest
harge to the consumer.
(2) Exception for refund of de minimus amount.— No
efund shall be required under paragraph (1) with respect
o the prepayment of any consumer credit transfusion if t^e
otal amoimt of the refund would be less than $1.
(3) Appucabiltty to refinanced transactions and
acceleration by the creditor. — This subsection shall apply
respect to any prepayment of a consumer cre^t trans-
iction described in paragraph (1) without regard to the manner
ir the reason for the prepayment, including —
(A) any prepayment made in connection with the
refinancing, consolidation, or restructuring of the trans¬
action; and
(B) any prepayment made as a result of the accelera¬
tion of the oblip;ation to repay the amount due with respect
to the transaction.
12 use 2803
note.
15 use 1615.
106 STAT. 3892
PUBLIC LAW 102-550— OCT. 28, 1992
(b) Use op ‘Hule op TS’s” Prohibited.— For the purpose of
calci^ting any refund of interest required under subsection (a)
for any precomputed consumer credit transaction of a term exce^-
ing 61 months which is consummated after September 30, 1993,
the creditor shall compute the refund based on a method which
is at least as favorable to the consumer as the actuarial method.
(c) Statement op Prepayment Amount.—
(1) In general. — ^Before the end of the 5>day period begin¬
ning on the date an oral or written request is received by
a creditor from a consumer for the disclosure of the amount
due on any precomputed consumer credit account, the creditor
or assignee shall provide the consumer with a statement of—
(A) the amount necessary to prepay the account in
full; and
(B) if the amoimt disclosed pursuant to subparagrcmh
(A) includes an amoimt which is required to be refwded
under this section with respect to such prepayment, the
amount of such refund.
(2) Written statement required ip request is in writ¬
ing. — If the customer’s request is in writing, the statement
under paragraph (1) shall be in writing.
(3) 1 PREE annual statement.— a consumer shall be enti¬
tled to obtain 1 statement under paragraph (1) each year with¬
out charge.
(4) Additional statements subject to reasonable
pees. — Any creditor may impose a reasonable fee to cover the
cost of providing any statement under paragraph (1) to any
consumer in addition to the 1 free annum statement required
under paragraph (3) if the amount of the charge for such
additional statement is disclosed to the consumer before fur¬
nishing such statement.
(d) Depinttions. — ^For the purpose of this section —
(1) Actuarial method. — ^The term ‘‘actuarial method”
means the method of allocating payments made on a debt
between the amount financed and the finance charge pursuant
to which a payment is applied first to the accumulated finance
charge and any remainder is subtracted from, or any deficiency
is added to, the unpaid balance of the amoimt financed.
(2) Consumer, credit. — ^The terms “consumer^ and “credi¬
tor” have the meanings given to such terms in section 103
of the Consumer Credit Protection Act.
(3) Creditor. — ^The term “creditor” —
(A) has the meaning mven to such term in section
103 of the Consumer Cremt Ihrotection Act; and
(B) includes any assignee of any creditor with respe^
to credit extended in connection wim any consumer cr^t
transaction and any subsequent assignee with respect to
such credit.
Subtitle B— Bank Regulatory ClariBcation
Provisions
sec. Ml. amendment relating to ESmiATES OF REAL ESTATE
settlement COSTS.
Section 5(d) of the Real Estate Settlement Procedures Act of
1974 (12 U.S.C. 2604(d)) is amended by striking the last sentence
PUBLIC LAW 102-550— OCT. 28, 1992
106 STAT. 3893
and inserting ‘‘Such booklet shall be provided by delivering it or
placing it in the mail not Uter than 3 business days after the
lender receives the application, but no booklet need be provided
if the lender denies the application for credit before the end of
the 3-day period.”.
SEC. f>52. ADJUSTABLE RATE MORTGAGE CAPa
Section 1204(dX2) of the Competitive Equality Banking Act
»f 1987 (12 U.S.C. 3806(dX2)) is amended by striking “any loan”
and inserting “any consumer loan”.
SEC. 863. MODIFYING SEPARATE CAPITALIZATION RULE FOR SAVINGS
ASSOCIATIONS* SUBSIDIARIES ENGAGED IN ACnVITIES
NOT PERMISSIBLE FOR NATIONAL BANKS.
(a) In General. — Section 5(tX5XD) of the Home Owners* Loan
4ct U2 U.S.C. 1464(tX5XD)) is amended by redesignatii^ clause
[iii) as clause (ix) and by inserting after clause (ii) the mllowing
new clauses:
“(iii) Agency discretion to prescribe greater
PERCENTAGE. — Subject to clauses (iv), (v), and (vi), the
Director may prescribe by order, with respect to a
particular qualified savings association, an explicable
percentage greater them that provided in clause (ii)
u the Director determines, in the Director’s sole discre¬
tion, that the use of the greater percentage, under
the circumstances —
“(I) would not constitute em unsedfe or imsoimd
practice;
“(II) would not increeuste the risk to the affected
deposit insurance fund; and
“(HI) would not be likely to result in the
association's being in an unsafe or unsound condi¬
tion.
“(iv) Substantial compliance with approved
CAPITAL PLAN. — In the case of a saving association
which is subject to a plan submitted under paragraph
(7XD) of this subsection or an order issued imder this
subsection, a directive issued or plan approved under
subsection (s), or a capital restoration plan approved
or order issued under section 38 or 39 of the Federal
Deposit InsuTEmce Act, an order issued imder clause
(iii) with respect to the association shall be effective
only so long as the association is in substantial compli¬
ance with such plan, directive, or order.
“(v) Limitation on investments taken into
ACCOUNT. — ^In prescribing the amount by which an
applicable percentage under clause (iii) mav exceed
the applicable percentage under clause (ii) with respect
to a particular qualified savings association, the Direc¬
tor may take into account only the sum of—
“(I) the association's investments in, and
extensions of credit to, the subsidiary that were
made on or before April 12, 1989; and
“(II) the association’s investments in, and
extensions of credit to, the subsidiary that were
made after April 12, 1989, and were necessary
to complete projects initiated before April 12, 1989.
106 STAT. 3894
PUBLIC LAW 102-550— OCT. 28, 1992
‘‘(vi) Limit. — ^The applicable percentage limit
allowed by the Director in an order under clause (iii)
shall not exceed the following limits:
^or ilie following period: The limit ia:
Prior to July 1, 1994 . 76 percent
Jidy 1, 1994 through June 30, 1995 . 60 percent
July 1, 1996 through June 30, 1996 . 40 percent
After June 30, 1996 . 0 percent
“(vii) Critically undercapitalized nisnru-
noN. — In the case of a savinm associat on that
becomes critically undercapitalized (as defined in sec¬
tion 38 of the Federal Deposit Insurance Act) tus deter¬
mined under this subparagraph without npplymg
clause (iii), clauses (iii) throimh (v) shall be applied
by substituting ‘Corporation* mr ‘Director’ each place
such term appears.
“(viii) Qualified savings association defined.—
For purposes of clause (iii), the term ‘qualified E avings
association* means an eli^ble savings association
defined in paragraph (3)(B)) which is subject to this
paragraph solely b^use of the real estate investments
or other real estate activities of the association’s
subsidiary, and —
“(I) is adequately capitalized (as defined in
section 38 of the Federal Deposit Insurance Act);
or
“(II) is in complisuice with an approved capita]
restoration plan meeti^ the requirements of sec¬
tion 38 of the Federal Deposit Insurance Act, and
is not critically undercapitalized (as defin^ in
such section).**.
(b) Technical and Conforming Amendment.— Clause (ix) ol
section 5(tX5XD) of the Home Owners* Loan Act (12 U.S.C
1464(tX5XD)) (as so redesignated by subsection (a) of this section]
is amended by inserting ^or prescribed under clause (iii)** aftei
“clause (ii)**.
SEC. 954. real estate APPRAISAL amendment.
Section 1112 of the Financial Institution Reform, Recovery
and Enforcement Act of 1989 (12 U.S.C. 3341) is amended —
(1) by striking “Each Federal financial institutions’* anc
inserting “(a) IN General. — ^Eadh Federal financial institu
tions**; and
(2) by adding at the end the following new subsections
“(b) Threshold Level. — ^Each Federal financial institutioni
regulatory agency and the Resolution Trust Corporation may estab
lisn a threshold level at or below which a certified or licensee
aimraiser is not required to perform appraisals in connection witl
federally related transactions, if such agency determines in writin(
that such threshold level does not represent a threat to the safety
and soundness of financial institutions.
“(c) GAO Study of Appraisals in Connection With Reai
Estate Related Financial Transactions Below the Threshou
Level.—
“(1) Study required.— At the end of the 18-month period
and the end of the 36-month period, be^dDning on the dab
of the enactment of this subsection, the Comptroller Genera
PUBLIC LAW 102-550— OCT. 28, 1992
106 STAT. 3895
of the United States shall conduct a study on the adequacy
and quality of appraisals or evaluations conducted in connection
with real estate related financial transactions below the thresh¬
old level established under subsection (b), taking into account —
*^(A) the cost to any finauicial institution involved in
any such transaction;
‘‘(B) the possibility of losses to the Bank Insurauice
Fund, the Savings Association Insurauice Fund, or the
National Credit Union Share Insurance Fund:
“(C) title cost to auiy customer involved in any such
transaction; and
“(D) the effect on low-income housing.
“(2) Reports to congress and the appropriate federal
FINANCIAL INSTITUTIONS REGULATORY AGENCIES.— Upon
completing each of the studies required under paragraph (1),
the Comptroller General shall submit a report on the Comptrol¬
ler General’s findings and conclusions with respect to such
study to the Federal financial institutions regulatoiy agencies,
the Committee on Banking, Finance and Urban Affairs of the
House of Representatives, and the Committee on Banking,
Housing, and Urban Affairs of the Senate, together with such
recommendations for legislative or administrative action as the
Comptroller General determines to be appropriate.”.
C. »5S. INSIDER LENDING.
(a) Authority to Make Exceptions to Definition of Exten-
»N OF Credit. — Section 22(hX9XD) of the Federal Reserve Act
1 U.S.C. 376b(hX9XD)) is amended —
(1) by striking “(D) Extension of credit. — A member
bank” suid inserting the following:
“(D) Extension of credit.—
“(i) In general. — ^A member bank”* and
(2) by adding at the end the following new clause:
“(ii) Exceptions. — ^The Board may, by regulation,
make exceptions to clause (i) for transactions that the
Board determines pose minimal risk.”.
(b) Principal Shareholder Defined.— Section 22(hX9XF) of
5 Federal Reserve Act (12 U.S.C. 375b(hX9XF)) is amended —
(1) by striking “shareholder* means any person” and insert¬
ing “shareholder* —
“(i) means any person”;
(2) by striking the period at the end of clause (i) (as
so redesignated by paragraph (1) of this subsection) and insert¬
ing “; ana**; and
(3) by adding at the end the following new clause:
“(ii) does not include a company of which a member
bank is a subsidiary.”.
c. MS. clarification of compensation standards.
Section 39 of the Federal De^sit Insurance Act (as added
section 132(a) of Federal Deposit Insurance Corporation Improve-
snt Act of 1991) (12 U.S.C. 1831s) is amended —
(1) by striking subsection (d) and inserting the following
new subsection:
“(d) Standards to be Prescribed by Regulation. —
“(1) In general. — Standards imder subsections (a), (b),
and (c) shall be prescribed by regulation. Such regulations
may not prescribe standards that set a specific level or range
106 STAT. 3896
PUBLIC LAW 102-550— OCT. 28, 1992
of compensation for directors, officers, or employees of insured
depository institutions.
“(2) Appucability of other laws.— Paragraph (1) shall
not aJSect the authority of any appropriate Federal banking
agency to restrict the level of compensation, including golden
parachute payments (as defined in section 18(kX4)), paid to
any director, officer, or employee of an insured depository
institution under any other provision of law.
“(3) Senior executive officers at undercapitalized
INSTITUTIONS. — ^Paragraph (1) shall not affect the authority of
any appropriate Federal banking agency to restrict compensa¬
tion paid to any senior executive officer of an undercapitalized
insured depository institution pursuant to section 38.
“(4) Safety and soundness or enforcement actions. —
Paragraph (1) shall not be construed as affecting the authority
of any appropriate Federal banking agency under any provision
of this Act other than this section, or under any other provision
of law, to prescribe a specific level or range of compensation
for any director, officer, or employee of an insured depository
institution —
"(A) to preserve the safety and soundness of the institu¬
tion; or
**(8) in connection with any action under section 8
or any order issued by the agency, any agreement between
the agency and the institution, or any condition imposed
by the agency in connection with the agency’s approval
of an application or other request by the institution, which
is enforceable under section 8.”; and
(2) in subsection (eXlXA), by striking “(a), (b), or (c)” and
inserting “(a) or (b)”.
SEC. 9S7. TRUTH IN SAVINGS ACT AMENDMENTS.
(a) On-Premises Displays.— Section 263 of the Truth in Sav¬
ings Act (12 U.S.C. 4302) is amended —
(1) in subsection (a), by striking ‘‘subsection (b)” and insert¬
ing “subsections (b) and (c)”;
(2) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively; and
(3) by inserting after subsection (b) the following new sub¬
section:
“(c) Disclosure Required for On-Premises Displays. —
“(1) In general. — The disclosure requirements contained
in this lotion shall not apply to any sign (including a rate
board) disclosing a rate or rates of interest which is cUsplayed
on the premises of the depository institution if such sign
contains —
“(A) the accompanying annual percentage ^eld; and
“(B) a statement that the consumer should request
hirther information from an employee of the depository
institution concerning the fees and terms applicable to
the advertised account
“(2) Definition. — ^For purposes of paragraph (1), a sign
shall oiUy be coiwidered to be displayed on the premises of
a depository institution if the sign is designed to be viewed
only from the interior of the premises of the depository institu¬
tion.”.
PUBLIC LAW 102-550— OCT. 28, 1992
106 STAT. 3897
i) Effective Date of Regulations.— Section 269(aX2) of the
in Savings Act (12 U.S.C. 4308(aX2)) is amended by striking
aths” and inserting “9 months”.
LE X— RESIDENTIAL LEAD-BASED
4INT HAZARD REDUCTION ACT OF
m
1)01. SHORT TITLE.
bis title may be cited as the “Residential Lead-Based Paint
d Reduction Act of 1992”.
902. FINDINGS,
be Congress finds that —
(1) low-level lead poisoning is widespread among American
lildren, aflhcting as many as 3,(X)0,0(X) children imder age
with minority and low-income communities disproportion-
:ely affected;
(2) at low levels, lead poisoning in children causes intel-
gence quotient deficiencies, reading and learning disabilities,
apaired hearing, reduced attention spsm, hyperactivity, and
mavior problems;
(3) pre-1980 AmericEm housing stock contains more than
000,000 tons of lead in the form of lead-based paint, with
ie vast majority of homes built before 1950 containing substan-
Bd amounts of lead-based paint;
(4) the ingestion of household dust containing lead from
iteriorating or abraded lead-based paint is the most common
mse of lead poisoning in children;
(5) the health and development of children living in as
any as 3,800,000 American homes is endangered by chipping
* peeling lead paint, or excessive amounts of lead-contami-
9ted dust in their homes;
(6) the danger posed by lead-based paint hazards can be
»duced by abating lead-based paint or by taking interim meas-
res to prevent paint deterioration and limit children’s exposure
I lead dust and chips;
(7) despite the enactment of laws in the early 1970*s requir-
Lg the Federal Government to eliminate as far as practicable
ad-based paint hazards in federally owned, assisted, and
Lsured housing, the Federal response to this national crisis
mains severely limited; smd
(8) the Federal Government must take a leadership role
i building the infrastructure — ^including sm informed public,
bate and local delivery systems, certifi^ inspectors, contrac-
>rs, smd laboratories, trsdned workers, and available financing
id insurance — ^necessary to ensure that the national goal of
iminating lead-based paint hazards in housing csm be
:hieved as expeditiously as possible.
909. PURPOSES,
be purposes of this Act are —
(1) to develop a national strategy to build the infrastructure
scessary to eliminate lead-based psdnt hazsu*ds in sdl housing
1 expeditiously as possible;
Residential
Lead-Based
Paint Hazard
Reduction Act of
1992.
42 use 4851
note.
42 use 4851.
42 use 4851a.
106 STAT. 3898
PUBLIC LAW 102-550— OCT. 28, 1992
42 use 4851b.
(2) to reorient the national approach to the presence of
lead-based paint in housing to implement, on a priority basis,
a broad program to evaluate and reduce lead-bai^ pamt haz¬
ards in the Nation’s housing stock;
(3) to encourage effective action to prevent childhood lead
poisoning by establishing a workable framework for lead-based
paint hazard evaluation and reduction and by ending the cur¬
rent confusion over reasonable standards of care;
(4) to ensure that the existence of lead-based paint hazards
is taken into account in ffie development of Government hous¬
ing policies and in the sale, rental, smd renovation of homes
and apartments;
(5) to mobilize national resources expeditiously, through
a partnership among all levels of government and the private
sector, to develop the most promising, cost-effective methods
for evaluating and reducing lead-based paint hazards;
(6) to reduce the threat of childnood lead poisoning in
housing owned, assisted, or transferred by the Federal Govern¬
ment; and
(7) to educate the public concerning the hazards and
sources of lead-based paint poisoning and steps to reduce and
eliminate such hazards.
SEC. 1004. DEFINITIONS.
For the purposes of this Act, the following definitions shall
apply:
(1) Abatement. — ^The term “abatement” means any set^ of
measures designed to permanently eliminate lead-based paint
hazards in accordance with standards established by appro¬
priate Federal agencies. Such term includes —
(A) the removal of lead-based paint and lead-contami¬
nated dust, the permanent containment or encapsulation
of lead-bas^ pamt, the replacement of lead-painted sur¬
faces or fixtiires, and the removal or covering of lead
contaminated soil; and
(B) all preparation, cleanup, disposal, and
postabatement clearance testing activities associated with
such measures.
(2) Accessible surface.— The term “accessible surface”
means an interior or exterior surface painted with lead-based
paint that is accessible for a yoi;^ cmld to mouth or chew.
(3) Certified contractor. — The term “certified contrac¬
tor” means —
(A) a contractor, inspector, or supervisor who has com¬
pleted a training program certified by the appropriate Fed¬
eral agency and has met any other requirements for certifi¬
cation or Ucensure established by suw agency or who has
been certified by any State through a pro^am which has
been found by such Federal agency to be at least as rigorous
as the Federal certification program; and
(B) workers or designers who have fully met training
requirements established by the appropriate Federal
agency.
(4) Contract for the purchase and sale of residential
REAL PROP^TY. — The term “contract for the purchase and sale
of residential real property” means any contract or agreement
in. which one party agrees to purchase an interest in real
PUBLIC LAW 102-550— OCT. 28, 1992
106 STAT. 3899
property on which there is situated 1 or more residential dwell¬
ings used or occupied, or intended to be used or occupied,
in whole or in part, as the home or residence of 1 or more
persons.
(6) Deteriorated paint. — ^The term "deteriorated paint”
means any interior or exterior paint that is peeling, chipping,
chs^ng or cracking or any paint located on an interior or
exterior surface or fixture that is damaged or deteriorated.
(6) Evaluation. — ^The term "evaluation” means risk assess¬
ment, inspection, or risk assessment and inspection.
(7) Federally assisted housing.— Tlie term “federally
assisted housing” means residential dwellings receiving project-
based assistance imder programs including —
(A) section 221(dX3) or 236 of the National Housing
Act;
(B) section 1 of the Housing and Urban Development
Act of 1966;
(C) section 8 of the United States Housing Act of
1937; or
(D) sections 602(a), 604, 614, 616, 616 and 633 of
the Housing Act of 1949.
(8) Federally owned housing.— The term “federally
owned housing” means residential dwellings owned or managed
by a Federal agency, or for which a Federal agency is a trustee
or conservator. For the purpose of this paragraph, the term
“Federal agency” includes the Department of Housing and
Urban Development, the Farmers Home Administration, the
Resolution Triusit Corporation, the Federal Deposit Insurance
Corporation, the General Services Administration, the Depart¬
ment of Defense, the Department of Veterans Affairs, the
Department of the Interior, the Department of Transportation,
and any other Federal agency.
(9) Federally supported work.— The term “federally sup¬
ported work” means any lead hazard evaluation or reduction
activities conducted in federally owned or assisted housing or
funded in whole or in part through any financial assistance
program of the Department of Housing and Urban Develop¬
ment, the Farmers Home Administration, or the Department
of Veterans Affairs.
(10) Friction surface. — The term “friction surface” means
an interior or exterior surface that is subject to abrasion or
friction, including certain window, floor, and stair surfaces.
(11) Impact surface. — The term “impact surface” means
an interior or exterior surface that is subject to damage by
repeated impacts, for example, certain parts of door frames.
(12) Inspection. — The term “inspection” means a surface-
by-surface investigation to determine the presence of lead-based
paint as provided in section 302(c) of tne Lead-Based Paint
Poisoning Prevention Act and the provision of a report explain¬
ing the results of the investigation.
(13) Interim controls. — ^The term “interim controls”
means a set of measures designed to reduce temporarily human
exposure or likely exposure to lead-based paint hazards, includ¬
ing specialized cleaning, repairs, maintenance, painting, tem¬
porary containment, ongoing monitoring of lead-based paint
hazards or potential hazards, and the establishment and oper¬
ation of management and resident education programs.
106 STAT. 3900
PUBLIC LAW 102-550~OCT. 28, 1992
(14) Lead-based paint. — ^The term “lead-based paint”
means paint or other surface coatings that contain lead in
excess of limits established imder section 302(c) of the Lead-
Based Paint Poisoning Prevention Act.
(16) Lead-based paint hazard.— The term “lead-based
paint hazard” means any condition that causes exposure to
lead from lead-contaminated dust, lead-contmninated soil, lead-
contaminated paint that is deteriorated or present in accessible
surfaces, fnction surfaces, or impact surfaces that would result
in adverse human health effects as established by the appro¬
priate Federal agency.
(16) Lead-contaminated dust.— The term “lead-contami¬
nated dust” means surface dust in residential dwellings that
contains an area or mass concentration of lead in excess of
levels determined by the appropriate Federal agency to pose
a threat of adverse health effects in pregnant women or young
children.
(17) Lead-contaminated soil.— The term “lead-contami¬
nated soil” means bare soil on residential real property that
contains lead at or in excess of the levels determined to be
hazardous to human health the appropriate Federal agency.
(18) Mortgage loan. — ^Tne term “mortgage loan” includes
any loan (other than temporary financing such as a construction
loan) that —
(A) is secured by a first lien on any interest in residen¬
tial real property; and
(B) either —
(i) is insured, guaranteed, made, or assisted by
the Department of Housing and Urban Development,
the Department of Veterans Affairs, or the Farmers
Home Administration, or by any other agency of the
Federal Gk)vemment; or
(ii) is intended to be sold by each originating mort¬
gage institution to any federally chartered secondary
mortgage market institution.
(19) Originating mortgage institution.— The term
“originating mortgage institution” means a lender that provides
mortgage loans.
(20) Priority housing.— The term “priority housing”
means target housing that qualifies as affordable housing imder
section 216 of the Cranston-Gonzalez National Affordable Hous¬
ing Act (42 U.S.C. 12745), including housing that receives
assistance imder subsection (b) or (o) of section 8 of the United
States Housing Act of 1937 (42 U.S.C. 1437f(b) or (o)).
(21) Public housing. — ^The term “public housing’ has the
same meaning given the term in section 3(b) of the United
States Housing Act of 1937 (42 U.S.C. 1437a(bXl)).
(22) Reduction. — ^The term “reduction” means measures
designed to reduce or eliminate human exposure to lead-based
paint hazards through methods incluifing interim controls and
abatement.
(23) Residential dwelling. — ^The term “residential dwell¬
ing” means—
(A) a single-family dwelling, including attached struc¬
tures such porches and stoops; or
(B) a single-family dwelling unit in a structure that
contains more than 1 separate residential dwelling unit.
PUBLIC LAW 102-550— OCT. 28, 1992
106 STAT. 3901
and in which each such unit is used or occupied, or intended
to be used or occupied, in whole or in part, as the home
or residence of 1 or more persons.
(24) Residential real property.— The term “residential
real propert3r” means real property on which there is situated
1 or more residential dwellings used or occupied, or intended
to be used or occupied, in whole or in part, as the home
or residence of 1 or more persons.
(25) Risk assessment. — ^The term “risk assessment” means
an on-site investigation to determine and report the existence,
nature, severity and location of lead-based paint hazards in
residenticd dwellings, including —
(A) information gathering regarding the age and his¬
tory of the housing and occupancy by ^Idren under age
6;
(B) visual inspection;
(C) limited wipe sampling or other environmental sam¬
pling t^hniques;
(D) other activity as may be appropriate; and
(E) provision of a report explaining the results of the
investigation.
(26) Secretary. — ^The term “Secretary” means the Sec¬
retary of Housing and Urban Development.
(27) Target housing. — ^The term “target housing” means
any housing constructed prior to 1978, except housing for the
elderly or persons with msabilities (imless any child who is
less than 6 years of age resides or is expected to reside in
such housing for the elderly or persons with disabilities) or
any 0-bedroom dwelling. In the case of jurisdictions which
banned the sale or use of lead-based paint prior to 1978, the
Secretary, at the Secretary’s discretion, may designate an ear¬
lier date.
Subtitle A — ^Lead-Based Paint Hazard
Reduction
C. 1011. grants for lead-based paint hazard reduction in
TARGET HOUSING.
(a) General Authority. — ^The Secretary is authorized to pro¬
le grants to eligible applicants to evaluate and reduce lead-
3ed paint hazards in priority housing that is not federally assisted
using, federally owned housing, or public housing, in accordance
th th^rovisions of this section.
(b) EIligible Applicants. — ^A State or imit of local government
it has an approved comprehensive housing affordability strategy
der section 105 of the Cranston-Gonzalez National Affordalue
•using Act (42 U.S.C. 12705) is eligible to apply for a grant
der this section.
(c) Form of Applications. — ^To receive a grant under this
;tion, a State or unit of local government shall submit an applica-
n in such form and in such manner as the Secretary shsdl
ascribe. An application shall contain —
(1) a copy of that portion of an applicant’s comprehensive
housing affordability strategy required by section 105(bX16)
of the Cranston-Gonzalez National Affordable Housing Act (42
U.S.C. 12701 etseq.);
42 use 4852.
)6 STAT. 3902
PUBLIC LAW 102-550~OCT. 28, 1992
(2) a description of the amount of assistance the applicant
seeks under this section;
(3) a description of the planned activities to be undertaken
with grants imder this seriion, including an estimate of the
amount to be allocated to each activity;
(4) a description of the forms of financial assistance to
owners and occupants of priority housing that will be provided
through grants under this section; and
(5) such assurances as the Secretary may require regarding
the applicant’s capacity to carry out the activities.
(d) Selection Criteria. — ^The Secretary shall award grants
under this section on the basis of the merit of the activities proposed
to be carried out and on the basis of selection criteria, which
shall include —
(1) the extent to which the proposed activities will reduce
the risk of lead-based paint poisoning to children under the
age of 6 who reside in priority housing;
(2) the de^e of severity and extent of lead-based paint
hazards in the jurisdiction to be served;
(3) the ability of the applicant to leverage State, local,
and private funds to supplement the grant imder this section;
(4) the ability of the applicant to carry out the proposed
activities; and
(5) such other factors as the Secretary determines appro¬
priate to ensure that grants made available under this section
are used effectively and to promote the purposes of this Act.
(e) Eligible Activities. — ^A grant under this section may be
used to —
(1) perform risk assessments and inspections in priority
housing;
(2) provide for the interim control of lead-based paint haz¬
ards in priority housing;
(3) provide for the abatement of lead-based paint hazards
in priority housing;
(4) provide for the additional cost of reducing lead-based
paint hazards in units undergoing renovation funded by other
sources;
(5) ensure that risk assessments, inspections, and abate¬
ments are carried out by certified contractors in accordance
with section 402 of the Toxic Substances Control Act, as added
by section 1021 of this Act;
(6) monitor the blood-lead levels of workers involved in
lead hazard reduction activities funded under this section;
(7) assist in the temporary relocation of families forced
to vacate priority housing while lead hazard reduction measures
are being conducted;
(8) educate the public on the nature and causes of lead
poisoning and measures to reduce exposure to lead, including
exposure due to residential lead-based paint hazards;
(9) test soil, interior surface dust, and the blood-lead levels
of children under the age of 6 residing in priority housing
after lead-based paint hazard reduction activity has been con¬
ducted, to assiue that such activity does not cause excessive
exposures to lead; and
(10) carry out such other activities that the Secretary deter¬
mines appropriate to promote the purposes of this Act.
PUBLIC LAW 102-550— OCT. 28, 1992
106 STAT. 3903
(f) Forms of Assistance. — ^The applicant may provide the serv¬
ices described in this section through a variety of programs, includ¬
ing grants, loans, equity investments, revolving loan funds, loan
fun(£, loan guarantees, interest write-downs, and other forms of
assistance approved by the Secretary.
(g) Technical Assistance and CAPAcrry Building.—
(1) In general. — ^The Secretary shall develop the capacity
of eligible applicants to carry out the r^uirements of section
105(b)(16) of the Cranston-Gronzalez National Affordable Hous¬
ing Act and to carry out activities under this section. In fiscal
years 1993 and 1994, the Secretary may make grants of up
to $200,000 for the purpose of establishing State training, cer¬
tification or accreditation programs that meet the requirements
of section 402 of the Toxic Substances Control Act, as added
by section 1021 of this Act.
(2) Set-aside. — Of the total amoimt approved in appropria¬
tion Acts under subsection (o), there shall be set aside to
carry out this subsection $3,000,000 for fiscal year 1993 and
$3,000,000 for fiscal year 1994.
(h) Matching Requirement. — ^Each recipient of a grant imder
this section shall make contributions toward the cost of activities
that receive assistance under tibis section in an amoimt not less
than 10 percent of the total grant amount under this section.
(i) PROHffimoN OF Substitution of Funds. — Grants under
this subtitle may not be used to replace other amounts made
available or designated by State or local governments for use for
the purroses under this subtitle.
(j) LIMITATION ON USE. — An applicant shall ensure that not
more than 10 percent of the grant will be used for administrative
expenses associated with the activities funded.
(k) Financial Records. — An applicant shall maintain and
provide the Secretary with financial records sufficient, in the
determination of the Secretary, to ensure proper accounting and
disbursing of amounts received from a grant under this section.
(l) Report. — ^An applicant under this section shall submit to
the Secretary, for any fiscal year in which the applicant expends
grant funds under this section, a report that —
(1) describes the use of the amounts received;
(2) states the number of risk assessments and the number
of inspections conducted in residential dwellings;
(3) states the number of residential dwellings in which
lead-based paint hazards have been reduced through interim
controls;
(4) states the number of residential dwellings in which
lead-based paint hazards have been abated; and
(5) provides any other information that the Secretary deter¬
mines to be apprimriate.
(m) Notice of Funding Availabiuty.— The Secretary shall
publish a Notice of Fimding Availability pursuant to this section
not later than 120 days after funds are appropriated for this section.
(n) Relationship to Other Law.— Effective 2 years after the
date of promulgation of regulations under section 402 of the Toxic
ubstances Control Act, no grants for lead-based paint hazard
evaluation or reduction may be awarded to a State under this
section unless such State has an authorized program under section
404 of the Toxic Substances Control Act.
16 STAT. 3904
PUBLIC LAW 102-550— OCT. 28, 1992
(o) Authorization of Appropriations.— For the purposes of
carrying out ^s Act, there are authorized to be appropriated
$125,0(^,000 for fiscal year 1993 and $260,000,000 for fiscal year
1994.
SEC. 1012. EVALUATION AND REDUCTION OF LEAD-BASED PAINT HAZ¬
ARDS IN FEDERALLY ASSISTED HOUSING.
(a) General Requirements. — Section 302 of the Lead-Based
Paint Poisoning Prevention Act (42 U.S.C. 4822) is amended —
(1) by striking the title of the section and inserting:
“requirements for housing RECEIVING FEDERAL ASSISTANCE”;
(2) in the first sentence of subsection (a) —
(A) by striking “The Secretary” and inserting the fol¬
lowing:
“(1) Elimination of hazards.— The Secretary”; and
(B) by inserting before the period “or otherwise receives
more than $5,000 in project-based assistance imder a Fed¬
eral housing program*;
(3) by striking me second sentence of subsection (a) and
inserting: “Beginmng on January 1, 1995, such procedures shall
apply to all such housing that constitutes target housing, as
defined in section 1004 of the Residential Lead-Based Paint
Hazard Reduction Act of 1992, and shall provide for appropriate
measures to conduct risk assessments, inspections, interim con¬
trols, and abatement of lead-based paint hazards. At a mini¬
mum, such procedures shall require —
“(A) the provision of lead hazard information pam-
Shlets, developed pursuant to section 406 of the Toxic
ubstmces Control Act, to purchasers and tenants;
“(B) periodic risk assessments and interim controls
in accordance with a schedule determined by the Secretapr,
the initial risk assessment of each unit constructed prior
to 1960 to be conducted not later than January 1, 1996,
and, for units constructed between 1960 and 1978—
“(i) not less than 25 percent shall be performed
by January 1, 1998;
“(ii) not less than 60 percent shall be performed
by January 1, 2000; and
“(iii) the remainder shall be performed by January
1, 2002;
“(C) mspection for the presence of lead-based paint
prior to federally-funded renovation or rehabilitation that
IS likely to disturb painted surfaces;
“(D) reduction of lead-based paint hazards in the course
of rehabilitation projects receivmg less than $25,000 per
unit in Federal funds;
“(E) abatement of lead-based paint hazards in the
course of substantial rehabilitation projects receiving more
than $25,000 per unit in Federal funds;
^ “(F) where risk assessment, inspection, or reduction
activities have been undertaken, the provision of notice
to occupants describing the nature and scope of such activi¬
ties and the actual risk assessment or inspection reports
(including available information on the location of any
remaining lead-based paint on a surface-by-surface basis);
and
PUBLIC LAW 102-550— OCT. 28, 1992
106 STAT. 3905
^(G) such other measures as the Secretary deems
appropriate.”; and
(4) in the third sentence, by striking “The Secretary may”
and inserting the following:
“(2) Additional measures.— The Secretary may”.
(b) Measurement Criteria. — Section 302(b) of the Lead-Based
*aint Poisoning Prevention Act (42 U.S.C. 4822(b)) is amended
y striking “for the detection” and all that follows through the
nd of paragraph (2) and inserting “for the risk assessment, interim
ontrol, inspection, and abatement of lead-based paint hazards in
lousing covered by this section shall be based upon guidelines
leveloped pursuant to section 1017 of the Residential Lead-Based
^aint Hazard Reduction Act of 1992.”.
(c) Inspection. — Section 302(c) of the Lead-Based Paint Poison-
ig IVevention Act (42 U.S.C. 4822(c)) is amended —
(1) in the second sentence, by striking “qualified” and
inserting “certified”; and
(2) in the third and fourth sentences, by inserting “or
0.6 percent by weight” after “squared”.
(d) Public Housing. — Section 302(dXl) of the Lead-Based
*aint Poisoning Prevention Act (42 U.S.C. 4822(dXl)) is amended —
(1) in the heading, by striking “ClAP” and inserting “mod¬
ernization”; and
(2) in the fourth sentence, by striking “to eliminate the
lead-based paint poisoning hazards” and inserting “of lead-
based paint and lead-based paint hazards”.
(e) HOME Investment Partnerships. — Section 212(a) of the
)ranston-Gonzalez National Affordable Housing Act (42 U.S.C.
2742(a)) is amended by adding at the end the following new
aragraph:
“(5) Lead-based paint hazards. — A participating jurisdic¬
tion may use funds provided imder this subtitle for the evalua¬
tion and reduction of lead-based paint hazards, as defined
in section 1004 of the Residential Lead-Based Paint Hazard
Reduction Act of 1992.”.
(f) Community Development Block Grants. — Section 105(a)
f the Housing and Community Development Act of 1974 (42 U.S.C.
305(a)) is amended —
(1) in paragraph (19), by striking “and” at the end;
(2) in paragraph (20), by strilang the period at the end
and inserting “; and”; and
(3) by adding at the end the following new paragraph:
“(21) lead-based paint hazard evaluation and reduction,
as defined in section 1004 of the Residential Lead-Based Paint
Hazard Reduction Act of 1992.”.
(g) Section 8 Rental Assistance.— Section 8(cX2XB) of the
Jnited States Housing Act of 1937 (42 U.S.C. 1437f(cX2)(B)) is
mended by adding at the end the following: “The Secretary may
at the discretion of the Secretary and subject to the availability
f appropriations for contract amendments), on a project by project
lasis for projects receiving project-based assistance, provide a(bust-
oents to the maximum monthly rents to cover the costs of evaluat-
ng and reducing lead-based paint hazards, as defined in section
.004 of the Residential Lead-Based Paint Hazard Reduction Act
.fl992.”.
(h) HOPE FOR PUBUC AND INDIAN HOUSING HOMEOWNER-
SHIP. — ^The United States Housing Act of 1937 (42 U.S.C. 1437
et seq.) is amended —
42 use (1) in section 302(b) —
l437aaa-i. j^y redesignating paragraphs (4) through (8) as
paraOTaphs (6) through (9), respectively; and
(B) by inserting after paragraph (3) the following:
"(4) inspection for lead-based paint hazards, as required
by section 302(a) of the Lead-Based Paint Poisoning Prevention
Act;”; and
42 use (2) in section 303(b)—
l437aaa-2. by redesignating paragraphs (4) through (13) as
paragraphs (6) through (14), respectively; and
(B) by adding after paragraph (3) the following:
"(4) Abatement of lead-based paint hazards, as required
by section 302(a) of the Lead-Based Paint Poisoning Prevention
Act”.
(i) HOPE FOR Homeownership of Multifamily Units.— The
Cranston-Gonzalez National Affordable Housing Act (42 U.S.C.
12701 et seq.) is amended —
42 use 12872. (l)ln section 422(b)—
(A) by redesignating paragraphs (4) through (8) as
para^aphs (6) through (9), respectively; and
(B) by inserting after para^aph (3) the following:
"(4) inspection for lead-based p^t hazards, as required
by section 302(a) of the Lead-Based Paint Poisoning Prevention
Act;”; and
42 use 12873. (2) in section 423(b)—
(A) by redesignating paragraphs (4) through (13) as
paragraphs (5) through (14), respectively; and
(B) by inserting after paragraph (3) the following:
**(4) Abatement of lead-based paint hazards, as required
by se^ion 302(a) of the Lead-Based Paint Poisoning Prevention
Act.”.
0 HOPE FOR Homeownership of Single Family Homes. —
The Cranston-Gonzalez National Affordable Housing Act (42 U.S.C.
12701 et seq.) is amended —
42 use 12892. (1) In section 442(b)—
(A) by redesignating paragraphs (4) through (8) as
para^aphs (5) through (9), respectively; and
(B) by inserting after paragraph (3) the following:
"(4) inspection for lead-based paint hazards, as required
by section 302(a) of the Lead-Based Paint Poisoning Prevention
Act;”; and
42 use 12893. (2) in section 443(b)—
(A) by redesignating paragraphs (4) through (10) as
para^aphs (5) through (11), respectively; and
(B) by inserting after paragraph (3) the following:
"(4) Abatement of lead-based paint hazards, as required
by section 302(a) of the Lead-Based Paint Poisoning Prevention
Act.”.
(k) FHA Insurance for Single Faroly Homes.—
(1) Home improvement loans.— Section 2(a) of the
National Housing Act (12 U.S.C. 1703(a)) is amended in the
fifth paranaph —
(A) by inserting after the first sentence the following:
"Alterations, repairs, and improvements upon or in connec-
PUBLIC LAW 102-550— OCT. 28, 1992
106 STAT. 3907
tion with existing structures may also include the evalua¬
tion and reduction of lead-based paint hazards.”; and
(B) by adding at the end the following:
“(4) the terms ‘evaluation’, ‘reduction’, and ‘lead-based paint
hazard’ have the same meanings given those terms in section
1004 of the Residential Lead-Based Paint Hazard Reduction
Act of 1992.”.
(2) Rehabilitation loans. — Section 203(kX2)(B) of the
National Housing Act (12 U.S.C. 1709(k)(2XB)) is amended
by adding at the end the following: ‘The term ‘rehabilitation’
may also include measures to evaluate and reduce lead-based
paint hazards, as such terms are defined in section 1004 of
the Residential Lead-Based Paint Hazard Reduction Act of
1992.”.
(l) FHA Insurance for Multifamily Housing. — Section
21(d)(4Xiv) of the National Housing Act (12 U.S.C. 17151(dX4Xiv))
amended by inserting after “rehabilitation” the first time it
ppears the following: “(including the cost of evaluating and reduc-
ig lead-based paint hazards, as such terms are defined in section
}04 of the Residential Lead-Based Paint Hazard Reduction Act
^ 1992)”.
(m) Rural Housing. — Section 501(a) of the Housing Act of
549 (42 U.S.C. 1471) is amended by adding at the end the follow-
ig:
“(5) Definitions. — For purposes of this title, the terms
‘repair’, ‘repairs’, ‘rehabilitate’, and ‘rehabilitation’ include
measures to evaluate and reduce lead-based paint hazards,
as such terms are defined in section 1004 of the Residential
Lead-Based Paint Hazard Reduction Act of 1992.”.
EC. 1013. DISPOSITION OF FEDERALLY OWNED HOUSING.
Section 302(a) of the Lead-Based Paint Poisoning Prevention
ct (42 U.S.C. 4822(a)) (as amended by section 1012(a)) is amended
y striking the fourth sentence and adding at the end the following:
“(3) Disposition of federally owned housing.—
“(A) Pre-1960 target housing. — Beginning on January
1, 1995, procedures established under paragraphs (1) and
(2) shall require the inspection and abatement of lead-
based paint hazards in all federally owned target housing
constructed prior to 1960.
“(B) Target housing constructed between i960 and
1978. — ^Beginning on January 1, 1995, procedures estab¬
lished under paragraphs (1) and (2) shall require an inspec¬
tion for lead-based paint and lead-based paint hazards
in all federally owned target housing constructed between
1960 and 1978. The results of such inspections shall be
made available to prospective purchasers, identifying the
presence of lead-based paint and lead-based paint hazards
on a surface-by-surface basis. The Secretary shall have
the discretion to waive the requirement of this subpara¬
graph for housing in which a federally funded risk assess¬
ment, performed by a certified contractor, has determined
no lead-based paint hazards are present.
“(C) Budget authority. — ^To the extent that subpara¬
graphs (A) and (B) increase the cost to the Government
of outstanding direct loan obligations or loan guarantee
commitments, such activities shall be treated as modifica-
6 STAT. 3908
PUBLIC LAW 102-550— OCT. 28, 1992
2 use 4852a.
tions under section 504(e) of the Federal Credit Reform
Act of 1990 and shall be subject to the availability of
appropriations. To the extent that paragraphs (A) and (B)
imTOse additional costs to the Resolution Tnist Corporation
and the Federal Deposit Insurance Corporation, its require¬
ment shall be carried out only if appropriations are pro¬
vided in advance in an appropriations Act. In the absence
of appropriations sufficient to cover the costs of subpara-
graims (A) and (B), these requirements shall not apply
to tne affected agency or agencies.
“(D) Definitions. — ^For the purposes of this subsection,
the terms 'inspection’, 'abatement’, lead-based paint haz¬
ard’, 'federally ovraed housing’, 'target housing’, 'nsk assess¬
ment’, and ‘certified contractor’ have the same meanii^
g'.ven such terms in section 1004 of the Residential Lead-
ased Paint Hazard Reduction Act of 1992.
“(4) Definitions. — ^For purposes of this subsection, the
terms 'risk assessment’, 'inspection’, 'interim control’, ‘abate¬
ment’, 'reduction’, and ‘lead-based paint hazard’ have the same
meaning given such terms in section 1004 of the Residential
Lead-Based Paint Hazard Reduction Act of 1992.
SEC. 1014. COMPREHENSIVE HOUSING AFFORDABILITY STRATEGY.
Section 105 of the Cranston-CIonzalez National Affordable Hous¬
ing Act (42 U.S.C. 12705) is amended —
(1) in subsection (bX14), by striking “and” at the end;
(2) in subsection (bX15), by striking the period at the
end and inserting and”;
(3) by inserting after paragraph (15) of subsection (b) the
following new paragraph:
“(16) estimate the number of housing units within the
iurisdiction that are occupied by low-income families or very
low-income families and tnat contain lead-based paint hazards,
as defined in section 1004 of the Residential Lead-Based Paint
Hazard Reduction Act of 1992, outline the actions proposed
or being t^en to evaluate and reduce lead-based paint nazards,
wd describe how lead-based paint hazard reduction will be
integrated into housing policies and programs.”; and
(4) in subsection (e>— -
(A) by striking “When preparing” and inserting the
following:
“(1) In general. — ^When preparing”; and
(B) by adding at the end the following new paragraph:
“(2) Lead-based paint hazards.— When preparing that
portion of a housing strategy required by subsection (bX16),
a jurisdiction shall consult with State or local health and child
welfare agencies and examine existing data related to lead-
based paint hazards and poisonings, including health depart¬
ment data on the addresses of housing units in which children
have been identified as lead poisoned.”.
SEC. 1015. TASK FORCE ON LEAD-BASED PAINT HAZARD REDUCTION
AND FINANCING.
(a) In General. — ^The Secretary, in consultation wdth the
Administrator of the Environmental Pintection Agency, shall estab¬
lish a task force to make recommendations on expanding resources
and efforts to evaluate and reduce lead-based paint hazards in
private housing.
PUBLIC LAW 102-550— OCT. 28, 1992
106 STAT. 3909
(b) Membership. — ^The task force shall include individuals rep-
isenting the Department of Housing and Urban Development,
le Farmers Home Administration, the Department of Veterans
ffairs, the Federal Home Loan Mortgage Corporation, the Federal
ational Mortgage Association, the Environmental Protection
gency, employee organizations in the building and construction
•ades industry, landlords, tenants, primary lending institutions,
rivate mortgage insurers, single-family and multifsimily real estate
iterests, nonprofit housing developers, property liability insurers,
Liblic housing agencies, low-income housing advocacy organiza-
ns, national, Stote and local lead-poisoning prevention advocates
nd experts, and community-based organizations located in areas
ith suDstantial rental housing.
(c) Responsibilities. — The task force shall make recommenda-
ons to the Secretary and the Administrator of the Environmental
rotection Agency concerning —
(1) incorporating the need to finance lead-based paint haz¬
ard reduction into underwriting standards;
(2) developing new loan products and procedures for financ¬
ing lead-basea paint hazard evaluation and reduction activities;
(3) ac^usting appraisal guidelines to address lead safety;
(4) incorporating risk assessments or inspections for lead-
based paint as a routine procedure in the origination of new
residential mortgages;
(5) revising guidelines, regulations, and educational pam¬
phlets issued by the Department of Housing and Urban Devel¬
opment and other Federal agencies relating to lead-based paint
poisoning prevention;
(6) reducing the current uncertainties of liability related
to lead-based paint in rental housing by clarifying standards
of care for landlords and lenders, and by exploring the "safe
harbor” concept;
(7) increasing the availability of liability insurance for own¬
ers of rental housing and certified contractors and establishing
alternative systems to compensate victims of lead-based paint
poisoning; and
(8) evaluating the utility and anpropriateness of requiring
risk assessments or inspections ana notification to prospective
lessees of rental housing.
(d) Compensation. — ^The members of the task force shall not
3ceive Federal compensation for their participation.
EC. 1016. NATIONAL CONSULTATION ON LEAD-BASED PAINT HAZARD
REDUCTION.
In carrying out this Act, the Secretary shall consult on an
tigoing basis with the Administrator of the Environmental Protec-
on Agency, the Director of the Centers for Disease Control, other
eder^ agencies concerned with lead poisoning prevention, and
le task force established pursuant to section 1015.
EC. 1017. GUIDELINES FOR LEAD-BASED PAINT HAZARD EVALUA¬
TION AND REDUCTION ACTIVITIES.
Not later than 12 months after the date of enactment of this
Lct, the Secretary, in consultation with the Administrator of the
Invironmental Protection Agency, the Secretary of Labor, and the
ecretary of Health and Human Services (acting through the Direc-
ir of the Center's for Disease Control), shall issue guidelines for
tie conduct of federally supported work involving risk assessments.
42 use 4852b.
42 use 4852c.
106 STAT. 3910
PUBLIC LAW 102-550— OCT. 28, 1992
42 use 4852d.
Regulations.
inspections, interim controls, and abatement of lead-based paint
hazards. Such guidelines shall be based upon criteria that measure
the condition of the housi^ (and the presence of children under
age 6 for the purposes of riiw assessments) and shall not be based
upon criteria that measure the health of the residents of the
housing.
SEC. 1018. DISCLOSURE OF INFORMATION CONCERNING LEAD UPON
TRANSFER OF RESIDENTIAL PROPERTY.
(a) Lead Disclosure in Purchase and Sale or Lease of
Target Housing.—
(1) Lead-based paint hazards.— Not later than 2 years
after the date of enactment of this Act, the Secretary and
the Administrator of the Environmental Protection Agency shall
promulgate regulations under this section for the disclosure
of lead-based paint hazards in target housing which is offered
for sale or lease. The relations shall require that, before
the purchaser or lessee is obligated under any contract to
purchase or lease the housing, the seller or lessor shall —
(A) iirovide the purchaser or lessee with a lead hazard
information pamphlet, as prescribed by the Administrator
of the Environmental Protection Agency under section 406
of the Toxic Substances Control Act;
(B) disclose to the purchaser or lessee the presence
of any known lead-based paint, or an}r known lead-based
paint hazards, in such housing and provide to the purchaser
or lessee any lead hazard evaluation report available to
the seller or lessor; and
(C) permit the purchaser a 10-day period (unless the
parties mutually agree upon a different period of time)
to conduct a risk assessment or inspection lor the presence
of lead-based paint hazards.
(2) Contract for purchase and sale.— Regulations
promulgated under this section shall provide that every contract
for the purchase and sale of any interest in target housing
shall contain a Lead Warning Statement and a statement
signed by the purchaser that the purchaser has —
(A) read the Lead Warning Statement and understands
its contents;
(B) received a lead hazard information pamphlet; and
(C) had a 10-day opportunity (unless the parties mutu¬
ally agreed upon a different period of time) before becoming
obngated under the contract to purchase the housing to
conduct a risk assessment or inspection for the presence
of lead-based paint hazards.
(3) Contents of lead watogng statement.— The Lead
Warning Statement shall contain the following text printed
in large type on a separate sheet of paper attached to the
contract:
“Every purchaser of any interest in residential real property
on which a residential dwelling was built prior to 1978 is notified
that such property may present exposure to lead from lead-based
pamt that may place youj^ children at risk of developing lead
poisoning. Lead poisoning in young children may produce perma¬
nent neurological damage, including learning disabilities, reduced
intelligence quotient, behavioral problems, and impaired memory.
Lead poisoning also poses a particular risk to pregnant women.
PUBLIC LAW 102-550— OCT. 28, 1992
106 STAT. 3911
seller of any interest in residential real property is required
)rovide the buyer with any information on lead-based paint
ards from risk assessments or inspections in the seller’s posses-
L and notify the buyer of any known lead-based paint hsueards.
isk assessment or inspection for possible lead-based paint haz-
} is reconunended prior to purchase.”.
(4) Compliance assurance.— Whenever a seller or lessor
has entered into a contract with an agent for the purpose
of selling or leasing a unit of target housing, the regulations
promulgated under this section shall require the agent, on
behalf of the seller or lessor, to ensure compliance with the
requirements of this section.
(5) Promulgation. — A suit may be brought against the
Secretary of Housing and Urban Development and the Adminis¬
trator of the Environmental Protection Agency under section
20 of the Toxic Substances Control Act to compel promulgation
of the regulations required under this section and the Federal
district court shall have jurisdiction to order such promulgation.
(b) Penalties for Violations.—
(1) Monetary penalty. — ^Any person who knowingly vio¬
lates any provision of this section shall be subject to civil
money penalties in accordance with the provisions of section
102 of the Department of Housing and Urban Development
Reform Act of 1989 (42 U.S.C. 3545).
(2) Action by secretary.— The Secretary is authorized
to take such lawful action as may be necessary to enjoin any
violation of this section.
(3) Civil liability. — ^Any person who knowingly violates
the provisions of this section shall be jointly and sever^y
liable to the purchaser or lessee in an amount equal to 3
times the amount of damages incurred bv such individual.
(4) Costs. — In any civil action brought for damages pursu¬
ant to paragraph (3), the appropriate court may award court
costs to the party commencing such action, together with
reasonable attorney fees and any expert witness fees, if that
party prevails.
(5) Prohibited act. — It shall be a prohibited act under
section 409 of the Toxic Substances Control Act for any person
to fail or refuse to comply with a provision of this section
or with any rule or order issued under this section. For purposes
of enforcing this section under the Toxic Substances Control
Act, the penalty for each violation applicable under section
16 of that Act shall not be more than $10,000.
(c) Validity of Contracts and Liens.— Nothing in this section
1 affect the validity or enforceability of any sale or contract
the purchase and sale or lease of any interest in residential
property or any loan, loan agreement, mortgage, or lien made
rising in connection with a mortgage loan, nor shall an3rthing
lis section create a defect in title.
(d) Effective Date. — ^The regulations under this section shall
! effect 3 years after the date of the enactment of this title.
106 STAT. 3912
Lead-Based
Paint Exposure
Reduction Act.
15 use 2681.
PUBLIC LAW 102-550— OCT. 28, 1992
Subtitle B — ^Lead Exposure Reduction
SEC. 1021. CONTRACTOR TRAINING AND CERTIFICATION.
(a) Amendment to the Toxic Substances Control Act.—
The Toxic Substances Control Act (15 U.S.C. 2601 et seq.) is
amended by adding after title III the following new title:
“TITLE IV— LEAD EXPOSURE
REDUCTION
"SEC. 401. DEFINITIONS.
“For the purposes of this title:
“(1) Abatement. — ^The term ‘abatement’ means any set of
measures designed to permanently eliminate lead-bsused paint
hazards in accordance with st^dards established by the
Administrator under this title. Such term includes —
“(A) the removal of lead-based paint and lead-contami¬
nated dust, the permanent contaii^ent or encapsulation
of lead-based paint, the replacement of lead-painted sur¬
faces or fixtures, and the removal or covenng of lead-
contaminated soil;, and
“(B) all preparation, cleanup, disposal, and
postabatement clearance testing activities associated with
such measures.
“(2) Accessible surface. — ^The term ‘accessible surface’
means an interior or exterior surface painted with lead-based
paint that is accessible for a young child to mouth or chew.
“(3) Deteriorated paint. — ^The term ‘deteriorated paint’
means any interior or exterior paint that is peeling, chipping,
chalking or cracking or any paint located on an interior or
exterior surface or fixture that is damaged or deteriorated.
“(4) Evaluation. — ^The term ‘evaluation’ means risk assess¬
ment, inspection, or risk assessment and inspection.
“(5) FRICTION SURFACE. — The term ‘friction surface’ means
an interior or exterior surface that is subject to abrasion or
friction, including certain window, floor, and stair surfaces.
“(6) Impact surface. — ^The term ‘impact surface’ means
an interior or exterior surface that is subject to damage by
repeated impacts, for example, certain parte of door frames.
“(7) Inspection. — ^The term ‘inspection’ means (A) a sur¬
face-by-surface investigation to determine the presence of lead-
based paint, as provided in section 302(c) of the Lead-Based
Paint Poisoning Prevention Act, and (B) the provision of a
report explaining the results of the investigation.
“(8) Interim controls. — ^The term ‘interim controls’ means
a set of measures designed to reduce temporarily human expo¬
sure or likely exposure to lead-based paint hazards, including
specialized cleamng, repairs, maintenance, painting, temporary
containment, ongoing monitoring of lead-based paint hazards
or potential hazards, and the establishment and operation of
management and resident education programs.
“(9) Lead-based paint. — The term ‘lead-based paint’ means
paint or other surface coatings that contain lead in excess
of 1.0 milli^ams per centimeter squared or 0.5 percent by
weight or (A) in the case of paint or other surface coatings
PUBLIC LAW 102-550— OCT. 28, 1992
106 STAT. 3913
on target housing, such lower level as may be established
y the Secretary of Housing and Urban Development, as defined
in section 302(c) of the Lead-Based Paint Poisoning Prevention
Act, or (B) in the case of any other paint or surface coatings,
such other level as may be established the Administrator.
*'(10) Lead-based paint hazard.— Ihe term lead-based
{>aint hazard’ means any condition that causes exposure to
ead fh>m lead-contaminated dust, lead-contaminated soil, lead-
ontaminated paint that is deteriorated or present in accessible
lufaces, friction surfaces, or impact surfaces that would result
in adverse human health effects as established by the Adminis¬
trator imder this title.
“(11) Lead-contaminated dust.— The term lead-contami-
ated dust’ means surface dust in residential dwellings that
contains an area or mass concentration of lead in excess of
levels determined by ibe Administrator under this title to pose
threat of adverse liealth effects in pregnant women or young
children.
“(12) Lead-contaminated soil.— The term lead-contami¬
nated soil’ means bare soil on residential real projperty that
contains lead at or in excess of the levels determined to be
hazardous to human health by the Administrator under this
title.
“(13) Reduction. — ^The term ‘reduction’ means measures
designed to reduce or eliminate human exposure to lead-based
paint hazards through methods including mterim controls and
abatement.
“(14) Residential dwelling.- The term ‘residential dwell¬
ing’ means —
“(A) a single-family dwelling, including attached struc¬
tures such as porches and stoops; or
“(B) a single-family dwelling unit in a structure that
contains more than 1 separate residential dwelling unit,
and in which each such unit is used or occupied, or intended
to be used or occupied, in whole or in part, as the home
or residence of 1 or more persons.
“(15) Residential real property.- The term ‘residential
real property’ means real property on which there is situated
or more residential dwellings used or occupied, or intended
to be used or occupied, in whole or in part, as the home
or residence of 1 or more persons.
“(16) Risk assessment. — ^The term ‘risk assessment’ means
an on-site investigation to determine and report the existence,
nature, severitv and location of lead-based paint hazards in
residential dwellings, including —
“(A) information gathering regarding the age and his¬
tory of the housing and occupancy by children under age
6;
“(B) visual insp^tion;
“(C) limited wipe sampling or other environmental
sampling techniques;
“(D) other activity as may be appropriate; and
“(E) provision of a report explaining the results of
the investigation.
“(17) Target housing. — ^The term ‘target housing’ means
V housing constructed prior to 1978, except housing for the
Iderly or persons with disabilities (unless any child who is
106 STAT. 3914
PUBLIC LAW 102-550— OCT. 28, 1992
15 use 2682.
less than 6 years of age resides or is exp^ted to reside in
such housing for the elderly or persons with disabilities) or
any 0-bedroom dwelling. In the case of jurisdictions which
banned the sale or use of lead-based paint prior to 1978, the
Secretary of Housing and Urban Development, at the Sec¬
retary’s mscretion, may designate an earlier date.
*^£0. 402. LEAD-BASED PAINT ACTIVITIES TRAINING AND CERTIFI¬
CATION.
“(a) Regulations.—
“(1) In general. — ^Not later than 18 months after the date
of the enactment of this section, the Administrator shall, in
consultation with the Secretary of Labor, the Secretary of Hous¬
ing and Urban Development, and the Secretary of Health and
Human l^rvices (acting through the Director of the National
Institute for Occupational Safety and Health), promulgate final
relations governing lead-based paint activities to ensure that
individuals engaged in such activities are properly trained;
that training programs are accredited; and that contractors
engaged in suen activities are certified. Such regulations shall
cont^ standards for performing lead-based paint activities,
tiddng into account reliability, effectiveness, and safety. Such
regulations shall require that all risk assessment, inspection,
and abatement activities performed in target housing shall
be performed by certified contractors, as sudi term is defined
in section 1004 of the Residential I^ad-Based Paint Hazard
Reduction Act of 1992. The provisions of this section shall
supersede the provisions set forth under the heading ‘Lead
Abatement Training and Certification’ and imder the heading
‘Training Grants’ in title III of the Act entitled ‘An Act making
appropriations for the Departments of Veterans Affairs and
Housing and Urban Development, and for sundry independent
agencies, commissions, colourations, and offices for the fiscal
year endmg September 30, 1992, and for other purposes’. Public
Law 102-139, and upon the enactment of this section the
provisions set forth in such public law under such headings
shall cease to have any force and effect.
“(2) Accreditation of training programs.— Final regida-
tions promulgated under para^aph (1) shall contain specific
requirements for the accremtation of lead-based paint activities
training pro^ams for workers, supervisors, inspectors and plan¬
ners, and omer individi^s involved in lead-based paint activi¬
ties, including, but not limited to, each of the following:
“(A) Minimum requirements for the accreditation of
training providers.
Minimum training curriculum requirements.
“(C) Mmimum training hour requirements.
“(D) Minimum hands-on training requirements.
“(E) Minimiun trainee competency and proficiency
requirements.
“(F) Minimum requirements for training program qual¬
ity control.
“(3) Accreditation and certification fees.— The
Administrator (or the State in the case of an authorized State
program) shall impose a fee on —
“(A) persons operating training programs accredited
under this title; and
PUBLIC LAW 102-550— OCT. 28, 1992
106 STAT. 3915
‘‘(B) lead-based paint activities contractors certified in
accor^nce with paraCTaph (1).
The fees shall be established at such level as is necessary
to cover the costs of administering and enforcing the standards
and regulations under this section which are applicable to
such programs and contractors. The fee shall not be imposed
on any State, local ravemment, or nonprofit training program.
The Administrator (or the State in the case of an authorized
State program) may waive the fee for lead-based paint activities
contractors under subparagraph (A) for the purpose of training
their own employees.
“(b) Lead-Based Paint Activities. — ^For purposes of this title,
term lead-based paint activities* means —
‘‘(1) in the case of target housing, risk assessment, inspec¬
tion, and abatement; and
**(2) in the case of any public building constructed before
1978, commercial building, bridge, or other structure or super¬
structure, identification of lead-based paint and materials
containing lead-based paint, deleading, removal of lead firom
bridges, and demolition.
purposes of paragraph (2), the term ‘deleading* means activities
iucted by a person who offers to eliminate lead-based paint
3ad-based paint hazards or to plan such activities.
“(c) Renovation and Remodeuno.—
“(1) Guidelines. — In order to reduce the risk of exposure
to lead in connection with renovation and remodeling of target
housing, public buildings constructed before 1978, and commer¬
cial bmldings, the Administrator shall, within 18 months cdter
the enactment of this section, promulgate guidelines for the
conduct of such renovation and remodeling activities which
may create a risk of exposure to dangerous levels of lead.
The Administrator shall disseminate such guidelines to persons
engaged in such renovation and remodeling through hardware
and paint stores, employee organizations, trade groups. State
and local agencies, and tnrough other ^propriate means.
“(2) Study of certification.— The Administrator shall
conduct a study of the extent to which persons engaged in
various types of renovation and remodeling activities in target
housing, public buildings constructed before 1978, and commer¬
cial bmldings are exposed to lead in the conduct of such activi¬
ties or disturb lead and create a lead-based paint hazard on
a regular or occasional basis. The Administrator shall complete
such study^and publish the results thereof within 30 months
after the enactment of this section.
“(3) Certification determination.— Within 4 years after
the enactment of this section, the Administrator shall revise
the regulations under subsection (a) to apply the regulations
to renovation or remodeling activities in target housing, public
buildings constructed before 1978, and commercial buildings
that create lead-based paint hazards. In determining which
contractors are engaged in such activities, the Administrator
shall utilize the results of the studv under paragraph (2) and
consult with the representatives of labor organizations, lead-
based paint activities contraciors, persons engaged in remodel¬
ing and renovation, experts in lead health effects, and others.
If the Administrator determines that any categoiy of contractors
engaged in renovation or remodeling does not require certifi-
Regulations.
106 STAT. 3916
PUBLIC LAW 102-550— OCT. 28, 1992
15 use 2683.
Regulations.
15 use 2684.
cation, the Administrator shall publish an explanation of the
basis for that determination.
*^EC. 403. IDENTIFICATION OF DANGEROUS LEVELS OF LEAD.
‘Within 18 months after the enactment of this title, the
Administrator shall promulgate regulations which shall identify,
for purposes of Ihis title and the Residential Lead-Based Paint
Hazard Reduction Act of 1992, lead-based paint hazards, lead-
contaminated dust, and lead-contaminated soil.
**SEC. 404. AUTHORIZED STATE PROGRAMS.
“(a) Approval. — Any State which seeks to administer and
enforce the standards, regulations, or other requirements estab¬
lished under section 402 or 406, or both, may, after notice and
opportunity for public hearing, develop and submit to the Adminis¬
trator an application, in such form as the Administrator shall
require, for authorization of such a State program. Any such State
may also certi^ to the Administrator at the time of submitting
such pro^am that the State program meets the requirements m
paragraphs (1) and (2) of subsection (b). Upon submission of such
certification, the State program shall be deemed to be authorized
under this section, ana shall applv in such State in lieu of the
corresponding Federal program under section 402 or 406, or both,
as the case may be, until such time as the Administrator dis¬
approves the program or withdraws the authorization.
“(b) Approval or Disapproval.— Within 180 days following
submission of an application under subsection (a), the Administrator
shall approve or disapprove the smplication. The Administrator
may approve the application only i^ after notice and after oppor¬
tunity for public hearing, the Administrator finds that —
“(1) the State program is at least as protective of human
health and the environment as the Federal program under
section 402 or 406, or both, as the case may be, and
“(2) such State program provides adequate enforcement.
Upon authorization of a State program under tms section, it shall
be unlawful for any person to violate or fail or refuse to comply
with any requirement of such program.
“(c) Withdrawal of Authorization.— If a State is not admin¬
istering and enforcing a program authorized under this section
in compliance with st^dards, regulations, and other requirements
of this title, the Administrator shall so notify the State and, if
corrective action is not completed within a reasonable time, not
to exceed 180 days, the Administrator shall withdraw authorization
of such program and establish a Federal program pursuant to
this title.
“(d) Model State Program. — ^Within 18 months after the
enactment of this title, the Administrator shall promulgate a model
State pjrogram whidi may be adopted by any State which seeks
to administer and enforce a State program under this title. Such
model program shall, to the extent practicable, encourage States
to utilize existing State and local certification and accreditation
programs and procedipes. Sudi program shall encourage reciprocity
among the States with respect to the certification under section
402.
“(e) Other State Requirements. — ^Nothing in this title shall
be coimtrued to prohibit any State or political subdivision thereof
from imposing any requirements which are more stringent than
those imposed by this title.
PUBLIC LAW 102-550-OCT. 28, 1992
106 STAT. 3917
(f) State and Local Certification. — ^The regulations under
title shall, to the extent appropriate, encourage States to seek
ram authorization and to use existing State and local certifi-
m and accreditation procedures, except that a State or local
mment shall not require more than 1 certification under this
on for any lead-bas^ paint activities contractor to car^ out
•based paint activities in the State or political subdivision
eof.
(g) Grants to States. — ^The Administrator is authorized to
e grants to States to develop and carry out authorized State
rams imder this section. The grants shall be subject to such
us and conditions as the Administrator may establiim to further
)urposes of this title.
(h) Enforcement by Administrator. — If a State does not
i a State program authorized under this section and in effect
tie date which is 2 years after promulgation of the regulations
ir section 402 or 406, the Administrator shall, by such date,
blish a Federal program for section 402 or 406 (as the case
be) for su(h State and administer and enforce such program
ich State.
1. 40S. LEAD ABATEMENT AND MEASUREMENT.
“(a) Program To Promote Lead Exposure Abatement.— The
inistrator, in cooperation with other appropriate Federal
irtments and agencies, shall conduct a comprehensive program
romote safe, effective, and affordable monitoring, detection,
batement of lead-based paint and other lead exposure hazards.
“(b) Standards for Environmental Sampling Labora-
es. — (1) The Administrator shall establish protocols, criteria,
minimum performance standards for laboratory analysis of
in paint films, soil, and dust. Within 2 years after the enact-
t of this title, the Administrator, in consultation with the Sec-
ry of Health and Human Services, shall establish a program
rtify laboratories as qualified to test substances for lead content
s the Administrator determines, by the date specified in this
graph, that effective voluntary accreditation programs are in
3 and operating on a nationwide basis at the time of such
rmination. To to certified under such program, a laboratory
I, at a minimum, demonstrate an ability to test substances
rately for lead content.
“(2) Not later than 24 months after the date of the enactment
lis section, and annually thereafter, the Administrator shall
ish and make available to the public a list of certified or
sdited environmental sampling laboratories.
“(3) If the Administrator determines under paragr^h (1) that
tive voluntary accreditation pro^ams are in place for environ-
1 sampling laboratories, the Administrator shall review the
irmance and effectiveness of such programs within 3 years
* such determination. If, upon such review, the Administrator
rmines that the voluntai^ accreditation pro^ams are not effec-
in assuring the quality and consistency of laboratory analyses,
Administrator shall, not more than 12 months theree^r, estab-
a certification pro^am that meets the requirements of para-
h(l).
“(c) Exposure Studies.— (1) The Secretary of Health and
lan Services (hereafter in this subsection referred to as the
retard), acting through the Director of the Centers for Disease
15 use 2685.
Public
information.
106 STAT. 3918
PUBLIC LAW 102-550— OCT. 28, 1992
Reports.
Control, (CDC), and the Director of the National Institute of
Environmental Health Sciences, shall jointly conduct a study of
the soiurces of lead exposure in children who have elevated blood
lead levels (or o^er indicators of elevated lead body burden), as
defined by the Director of the Centers for Disease Control.
"'(2) The Secretaiy, in consultation with the Director of the
National Institute for Occupational Safety and Health, shall conduct
a comprehensive study of means to reduce hazardous occupational
lead abatement exposures. This study shall include, at a minimum,
each of the following —
"(A) Surveillance and intervention capability in the States
to identify and prevent hazardous exposures to lead abatement
workers.
"(B) Demonstration of lead abatement control methods and
devices and work practices to identify and prevent hazardous
lead es^sures in the workplace.
"(Q Evaluation, in consultation vdth the National Institute
of Environmental Health Sciences, of health effects of low and
high levels of occupational lead exposures on reproductive,
neurological, renal, and cardiovascular health.
"(D) Identification of high risk occupational settings to
which prevention activities and resources should be targeted.
"(E) A study assessing the potential exposures and risks
from lead to janitorial and custodial workers.
"(3) The studies described in paragraphs (1) and (2) shall,
as appropriate, examine the relative contributions to elevated lead
body burden from each of the following:
"(A) Drinking water.
"(B) Food.
"(C) Lead-based paint and dust from lead-based paint.
"(D) Exterior sources such as ambient air and lead in
soil.
"(E) Occupational exposures, and other exposures that the
Secretary determines to oe appropriate.
"(4) Not later than 30 months after the date of the enactment
of this section, the Secretary shall submit a report to the Congress
concerning the studies described i^aragraphs (1) and (2).
“(d) I%BLic Education. — (1) The Administrator, in coi\junction
with the Secretary of Health and Human Services, acting through
the Director of the Agency for Toxic Substances and Disease Reg¬
istry, and in conjimction with the Secretary of Housing and Urban
Development, shall sponsor public education and outreach activities
to increase public awareness of—
"(A) the scope and severity of lead poisoning from household
sources;
"(B) potential exposure to sources of lead in schools and
childhood day care centers;
"(C) the implications of exposures for men and women,
particularly those of childbearing age;
"(D) the need for careful, quality, abatement and manage¬
ment actions;
"(E) the need for universal screening of children;
"(F) other components of a lead poisoning prevention pro¬
gram;
"(G) the health consequences of lead exposure resulting
from lead-based paint hazards;
106 STAT. 3920
PUBLIC LAW 102-550— OCT. 28, 1992
15 use 2686.
Regulations.
effective for the intended use described by the manufacturer. The
rule ahall identify the types or classes of products that are subject
to such rule. The President, in implementation of the rule, shall,
to the mAvimum extent possible, utilize independent testing labora¬
tories, as appropriate, and consult with such entities and others
in developing the rules. The President may delegate the authorities
under this subsection to the Environmental Protection Agency or
the Secretary of Commerce or such other appropriate agency.
«<SEC. 40e. LEAD HAZARD INFORMATION PAMPHLET.
“(a) Lead Hazard Information Pamphlet.— Not later than
2 years after the enactment of this section, after notice and oppor¬
tunity for comment, the Administrator of the Environmental Protec¬
tion Agency, in consultation with the Secretary of Housing and
Urban Development and with the Secretcuy of Health and Human
Services, shall publish, and from time to time revise, a lead hazard
information pamphlet to be used in connection with this title and
section 1018 of the Residential Lead-Based Paint Hazard Reduction
Act of 1992. Ihe pamphlet shall —
"(1) contain information regarding the health risks associ¬
ated with exposure to lead;
"(2) provide information on the presence of lead-based paint
hazai^ in federally assisted, feder^y owned, and target hous¬
ing;
*‘(3) describe the risks of lead exposure for children under
6 years of age, pregnant women, women of childbearing age,
persons involved in home renovation, and others residing in
a dwelling with lead-based paint hazards;
*‘(4) describe the risks of renovation in a dwelling with
lead-based pi^t hazards;
"(5) provide information on approved methods for evaluat¬
ing and reducing lead-based pamt hazards and their effec¬
tiveness in identifying, reducing, eliminating, or preventing
exposure to lead-ba^ paint hazards;
"(6) advise persons how to obtain a list of contractors
certified pursuant to this title in lead-based paint hazard
evaluation and reduction in the area m which ^e pamphlet
is to be used;
"(7) state that a risk assessment or inspection for lead-
based paint is recommended prior to the purchase, lease, or
renovation of target housing;
"(8) state tlmt certain State and local laws impose addi¬
tion^ requ^ments related to lead-based paint in housing and
provide a listing of Federal, State, and local agencies in each
State, including address and telephone number, that can pro¬
vide information about applicable laws and available govern¬
mental and private assistance and financing; and
“(9) provide such other information about environmental
hazards associated with residential real property as the
Administrator deems ^propriate.
“(b) Renovation of T^get Housing.— Within 2 years after
the eni^ment of this section, the Administrator shall promulgate
regulations under thu subsection to require each person who per¬
forms for compensation a renovation oi target housing to provide
a lead hazaro information pamphlet to the owner and occupant
of such housing prior to commencing the renovation.
6 STAT. 3922
PUBLIC LAW 102-550— OCT. 28, 1992
use 2691.
«<SEC. 411. GENERAL PROVISIONS RELATING TO ADMINISTRATIVE
PROCEEDINGS.
"(a) APPUCABiLnY. — ^This section applies to the promulgation
or revision of any regulation issued under this title.
“(b) Rulemaking Docket. — ^Not later than the date of proposal
of any action to which this section applies, the Administrator shall
establish a rulemaking docket for such action (hereinafter in this
subsection referred to as a ‘rule’). Whenever a rule applies only
within a particular State, a second (identical) docket shall be estab¬
lished in the appropriate regional office of the Environmental
Protection Agency.
“(c) Inspection and Copying. — (1) The rulemaking docket
required under subsection (b) shall be open for inspection by the
public at reasonable times specified in the notice of proposed rule-
making. Any person may copy documents contained in the docket.
The Aoministrator shall provide copying facilities which may be
used at the expense of the person seeking copies, but the Adnoinis-
trator may waive or reduce such expenses in such instances as
the public interest requires. Any person may request copies by
mail if the person pays the expenses, including personnel costs
to do the copying.
“(2XA) Promptly upon receipt by the agency, all written com¬
ments and documentary Information on the proposed rule received
from any person for inclusion in the docket during the comment
period shall be placed in the docket. The transcript of public hear-
mgs, if any, on the proposed rule shall also be included in the
dc^et promptly upon receipt from the person who transcribed
such hearings. All documents which become available after the
proposed ihile has been published and which the Administrator
determines are of central relevance to the rulemaking shall be
placed in the docket as soon as possible after their availability.
“(B) The drafts of proposed rmes submitted by the Adminis¬
trator to the Office of Management and Budget for any interagency
review process prior to proposal of any such rule, all documents
accompanying such drafts, and all written comments thereon by
other agencies and all written responses to such written comments
by the Administrator shall be placed in the docket no later than
the date of proposal of the rule. The drafts of the final rule submit¬
ted for such review process prior to promulgation and all such
written comments thereon, all documents accompanying such drafts,
and written responses thereto shall be placed in the docket no
later than the date of promulgation.
“(d) Explanation.-^!) The promulgated rule shall be accom¬
panied by an explanation of the reasons for any mqjor changes
in the promulgated rule from the proposed rule.
“(2) The promulgated rule shall also be accompanied by a
response to each of the significant comments, criticisms, and new
data submitted in written or oral presentations during the comment
period.
“(3) The promulgated rule may not be based (in part or whole)
on any information or data which has not been placed in the
docket as of the date of such promulgation.
“(e) Judicial Review. — ^The material referred to in subsection
(cX2XB) shall not be included in the record for judicial review.
“(f) Effective Date. — The requirements of this section shall
take effect with respect to any rule the proposal of which occurs
after 90 days after the date of the enactment of this section.
PUBLIC LAW 102-550— OCT. 28. 1992
106 ST AT. 3923
€. 412. AUTHOBIZATION OF APPROPBIATIONa
15 use 2692.
'There are authorized to be appropriated to carry out the
'poses of this title such sums as may be necessary.*’.
(b) Technical and Conforming Amendments.— The Toxic
>stances Control Act (16 U.S.C. 2610) is amended as follows:
(1) In paragraph (1) of section 7(a), strike "or 6” and insert
“6, or title fV* and after "6” insert "or title IV”.
(2) hi the first sentence of subsection (a) of section 11:
(A) Strike "or mixtures” before "are manufactured” and
insert ", mixtures, or products subiect to title IV”.
(B) Insert "such products,” before "or such articles”.
(3) In paragraph (1) of subsection (b) of section 11, strike
"or mixtures” and insert ", mixtures, or products subject to
title nr.
(4) In paragraph (1) of section 13(a), strike "or 6” in each
place it appears and insert ", 6, or title IV” and strike "or
7” and insert ", 7 or title IV”.
(6) In section 16, insert "or 409” after "section 15” each
place it appears.
(6) In section 17, amend subsection (a) to read as follows:
“(a) Specific Enforcement.— (1) The district courts of the
ited States shall have jurisdiction over civil actions to—
"(A) restrain any violation of section 16 or 409,
"(B) restrain an^ person from taking any action prohibited
by sedion 5, 6, or title IV, or by a rule or order under section
6, 6, or title IV,
"(C) compel the taking of any action required by or under
this Act, or
"(D) direct any manufacturer or processor of a chemical
substance, mixture, or product subject to title IV manufactured
or processed in violation of section 5, 6, or title IV, or a rule
or order imder section 5, 6, or title IV, and distributed in
commerce, (i) to give notice of such fart to distributors in
commerce of such substance, mixture, or product and, to the
extent reasonably ascertainable, to other persons in j^session
of such substance, mixture, or product or exposed to such
substance, mixture, or product, (ii) to give public notice of
such risk of ii\iury, andf (iii) to eitiier replace or repurchase
such substance, nurture, or product, whichever the person to
which the requirement is dire^d ele^.”.
(7) In the first sentence of subsection (b) of section 17 —
(A) strike "or mixture” after "Any chemical substance”
and inserting ", mixture, or product subject to title IV”;
and
(B) insert “product,” before “or article” in each place
that it appears.
(8) In se^on 19 —
(A) In the first sentence of subsection (a), after "title
IF insert "or IV”.
(B) Before the semicolon at the end of subsection
(aX3XB) insert "and in the case of a rule under title IV,
the finding required for the issuance of such a rule”.
(9) In se^on 2(XaXl) a^r ‘^tle II” insert "or IV” in
each place it appears.
(10) Add at the end of the table of contents in section
1 the following:
15 use 2606.
15 use 2610.
15 use 2612.
15 use 2615.
15 use 2616.
Public
information.
15 use 2618.
15 use 2619.
106 ST AT. 3924
PUBLIC LAW 102-550— OCT. 28, 1992
15 use 2601
note.
“TITLE IV— LEAD EXPOSURE REDUCTION
“Sec. 401. Definitions.
“Sec. 402. Lead-based paint activities training and certification.
“Sm. 403. Identification of dangerous levels oT lead.
“Sm. 404. Au^orized State programs.
“Sec. 405. Lead abatement and measurement.
“Sm. 406. Lead hazard information pamphlet.
“Sec. 407. Regulations. . ,
“Sec. 408. Control of lead-based paint hazards at Federal faculties.
“Sto. 409. Prohibited acts.
“Sec. 410. Relationship to other Federal law.
“Sec. 411. General provisions relating to administrative proceedings.
“Sec. 412. Authorization of appropriations.”.
(c) Short Title. — ^This subtitle may be cited as the “Lead-
Based Paint Exposure Reduction Act”.
Subtitle C — ^Worker Protection
42 use 4853.
Regulations.
42 use 4853a.
29 use 671.
SEC. 1031. WORKER PROTECTION.
Not later than 180 days after the enactment of this Act, the
Secreta^ of Labor shall issue an interim final regulation regulating
occupational exposure to lead in the construction industiy. Such
interim final regulation shall provide emplo3rment and places of
employment to em{)loyees which are as safe and healthful as those
which would prevail imder the Department of Housing and Urban
Development guidelines published at Federal Register 55, page
38973 (September 28, 1990) (Revised Chapter 8). Such interim
final regulations shall take effect upon issuance (exc^t that such
regulations may include a reasonable delay in the effective date),
shall have the legal effect of an Occupational Safety and Health
Standard, and shall apply imtil a final standard becomes effective
under section 6 of the Occupational Safety and Health Act of
1970.
SEC. 1032. COORDINATION BETWEEN ENVIRONMENTAL PROTECTION
AGENCY AND DEPARTMENT OF LABOR.
The Secretary of Labor, in promulgating regulations under
section 1031, shall consult and coordinate with the Administrator
of the Environmental Protection Agency for the purpose of achieving
the maximum enforcement of title IV of the Toxic Substances Con¬
trol Act and the Occupational Safety and Health Act of 1970 while
imposing the least burdens of duplicative requirements on those
subject to such title and Act and for other purposes.
SEC. 1033. NIOSH RESPONSIBILITIES.
Section 22 of the Occupational Safety and Health Act of 1970
is amended by adding the following new subsection at the end
thereof:
“(g) Lead-Based Paint Activities.—
“(1) Training grant program.— (A) The Institute, in
copjimction with the Administrator of the Environmental
Protection Agency, may make grants for the training and edu¬
cation of workers and supervisors who are or may be directly
engaged in lead-based paint activities.
“(B) Grants referred to in subpara^aph (A) shall be
awarded to nonprofit organizations (including colleges and
universities, joint labor-management trust funds. States, and
nonprofit government employee organizations) —
“(i) which are engaged in the training and education
of workers and supervisors who are or who may be directly
PUBLIC LAW 102-550— OCT. 28, 1992
106 STAT. 3925
eng^ed in lead-based paint activities (as defined in title
IV ofthe Toxic Substances Control Act),
"(ii) which have demonstrate experience in
implement^ and operating health and safety training
and education programs, and
"(iii) with a demonstrated ability to reach, and involve
in lead-based paint training proe^ams, target populations
of individuals who are or will be engaged; in lead-based
paint activities.
Grants imder this subsection shall be awarded onlv to those
organizations that fund at least 30 percent of their lead-based
paint activities training programs from non-Federal sources,
excluding in-kind contributions. Grants may also be made to
local governments to carry out such traimng and education
for their employees.
"(C) There are authorized to be appropriated, at a mini¬
mum, $10,000,000 to the Institute for each of the fiscal years
1994 through 1997 to make grants under this paragraph.
“(2) Evaluation of programs.— The Institute shall con¬
duct periodic and comprehensive assessments of the efficacy
of the worker and supervisor training pro^ams developed and
offered by those receiving grants imder this section. The Direc¬
tor shall prepare reports on the results of these assessments
addressed to the Administrator of the Environmental Protection
Agency to include recommendations as may be apprimriate
for the revision of these programs. The sum of $500,000 is
authorized to be appropriated to the Institute for each of the
fiscal years 1994 through 1997 to carry out this paragraph.”.
Subtitle D — Research and Development
PART 1— HUD RESEARCH
SEC. 1051. RESEARCH ON LEAD EXPOSURE FROM OTHER SOURCES.
The Secretary, in cooperation with other Federal agencies, shall
conduct research on strate^es to reduce the risk of lead exTOsure
from other sources, including exterior soil and interior lead dust
in carpets, furniture, and forced air ducts.
SEC. 1052. TESTING TECHNOLOGIES.
The Secretary, in cooperation with other Federal agencies, shall
conduct research to —
(1) develop improved methods for evaluating lead-based
paint hazards m housing;
(2) develop improved methods for reducing lead-based paint
hazards in housing;
(3) develop improved methods for measuring lead in paint
films, dust, and soil samples;
(4) estoblish performance standards for various detection
methods, including spot test kits;
(5) establish performance standards for lead-based paint
hazard reduction methods, including the use of encapsulants;
(6) establish apprimriate cleanup standards;
(7) evaluate the efficacy of interim controls in various haz¬
ard situations;
(8) evaluate the relative performance of various abatement
techniques;
Appropriation
authorization.
Appropriation
authorization.
42 use 4854.
42 use 4864a.
6 STAT. 3926
PUBLIC LAW 102-550— OCT. 28, 1992
use 4854b.
1 use 4856.
I use 4866.
(9) evaluate the long-term cost-effectiveness of interim con¬
trol and abatement strategies; and
(10) assess the effectiveness of hazard evaluation and
reduction activities funded by this Act.
SEC. 1053. AUTHORIZATION.
Of the total amount approved in appropriation Acts under
section 101 l(o), there shall be set aside to carry out this part
$5,000,000 for fiscal year 1993, and $5,000,000 for fiscal year 1994.
PART 2— GAO REPORT
SEC. 1056. FEDERAL IMPLEMENTATION AND INSURANCE STUDY.
(a) Federal Implementation Study. — ^The Comptroller Gen¬
eral of the United States shall assess the effectiveness of Federal
enforcement and compliance with lead safety laws and regulations,
including anv changes needed in annual inspection procedures to
identify lead-based paint hazards in units receiving assistance
under subsections (b) and (o) of section 8 of the United States
Housing Act of 1937.
(b) Insurance Study.— The Comptroller General of the United
States shall assess the availability of liability insurance for owners
of residential housing that contains lead-based paint and persons
engaged in lead-based paint hazard evaluation and reduction activi¬
ties. In carrying out the assessment, the Comptroller General
shall —
(1) analyze any precedents in the insurance industry for
the containment and abatement of environmental hazards, such
as asbestos, in federally assisted housing;
(2) provide an assessment of the recent insurance experi¬
ence in the public housing lead hazard identification and reduc¬
tion program; and
(3) recommend measures for increasing the availability of
liability insurance to owners and contractors engaged in feder¬
ally supported work.
Subtitle E — ^Reports
SEC. 1061. REPORTS OF THE SECRETARY OF HOUSING AND URBAN
DEVELOPMENT.
(a) Annual Report. — The Secretary shall transmit to the Con¬
gress an annual report that—
(1) sets forth the Secretary’s assessment of the process
made in implementing the various programs authorized by
this title;
(2) summarizes the most current health and environmental
studies on childhood lead poisoning, including studies that ana¬
lyze the relationship between interim control and abatement
activities and the incidence of lead poisoning in resident chil¬
dren;
(3) recommends legislative and administrative initiatives
that may improve the performance by the Department of Hous¬
ing and Urban Development in combating lead hazards through
the expansion of lead hazard evaluation and reduction activi¬
ties;
PUBLIC LAW 102-550— OCT. 28, 1992
106 STAT. 3927
(4) describes the results of research carried out in accord¬
ance with subtitle D; and
(5) estimates the amount of Federal assistance annually
expended on lead hazard evaluation and reduction activities,
(b) Biennial Report.—
(1) In general. — ^24 months after the date of enactment
of this Act, and at the end of every 24-month period thereafter,
the Secretary shall report to the Con^ss on the progress
of the Department of Housing and Urban Developnient in
implementing expanded lead-based paint hazard evaluation and
reduction activities.
(2) Contents.— The report shall—
(A) assess the effectiveness of section 1018 in making
the public aware of lead-based paint hazards;
(B) estimate the extent to which lead-based paint haz¬
ard evaluation and reduction activities are being conducted
in the various categories of housing;
(C) monitor and report expenditures for lead-based
paint hazard evaluation and reduction for programs within
the juris(hction of the Department of Housing and Urban
Development;
(D) identify the infrastructure needed to eliminate
lead-based paint hazards in all housing as expeditiously
as possible, including cost-effective teclmology, standards
and regulations, trained and certified contractors, certified
lal^ratories, liability insurance, private financing tech¬
niques, and appropriate Gkivemment subsidies;
(£) assess the extent to which the infrastructure
described in subparagraph (D) exists, make recommenda¬
tions to correct shortcomings, and provide estimates of
the costs of measures needed to build an adequate infra¬
structure; and
(F) include any additional information that the Sec¬
retary deems appropriate.
ITLE XI— NEW TOWNS DEMONSTRA¬
TION PROGRAM FOR EMERGENCY RE¬
LIEF OF LOS ANGELES
;C. 1101. AUTHORITY.
To provide for the revitalization and renewal of inner city
ighborhoods in the areas of Los Angeles, California, that were
maged by the civil disturbances during April and May of 1992,
id to demonstrate the effectiveness of new town developments
revitalizing and restoring depressed and underprivileged inner
;y neighl^orhoods, the Secreta^ of Housing and Urban Develop-
ent shall, to the extent or in such amoimts as are provided
appropriation Acts, make any assistance authorized under this
;le available imder this title to units of general local government,
veming boards, and eligible mortgagors in accordance with the
ovisions of this title.
;C. 1102. NEW TOWN PLAN.
(a) Requirement. — ^The Secretary may make assistance avail-
>le under this title only in connection with, and according to
California.
42 use 5318
note.
16 STAT. 3928
PUBLIC LAW 102-550— OCT. 28, 1992
the provisions of a new town plan developed and established by
a governing board under section 1107 and approved under sub¬
section (d) of this section. In develop!^ such plans, the governing
board shall consult with representatives of tne units of genenu
local government within whose boundaries are located any portion
of the new town demonstration area for the demonstration program
to be carried out under such plan.
(b) Eugible New Town Demonstration Areas.— A new town
plan under this section shall provide for carrying out a new town
development demonstration providing assist^ce available under
this title within a new town demonstration area, which shall be
a geographic area defined in the new town plan —
(1) that is one of pervasive poverty, unemployment, and
general distress;
(2) that has an unemployment rate of not less than 1.5
times the national unemployment rate for the 2 years preceding
approval of the new town plan;
(3) that has a poverty rate of not less than 20 percent
during such 2-year period;
(4) for which not less than 70 percent of the households
living in the area have incomes below 80 percent of the median
income of households of the unit of general local government
in which they are located;
(5) that has a shortage of adequate jobs for residents;
and
(6) that is located —
(A) in or near the City or County of Los Angeles,
in the State of California; and
(B) within an area for which the President, pursuant
to title IV or V of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act, declared that a mmor disas¬
ter or emergency existed for purposes of such Act, as a
result of the ci^ disturtMuices involving s^ of violence
occurring on or after ^ril 29, 1992, and before May 6,
1992.
(c) Contents. — ^Each new town plan shall include the following
information:
(1) Governing board. — A description of the members and
purposes of the governing board that developed the plan, the
manner in which members of the governing board were selected,
and the businesses, agencies, interests, and community ties
of each member of the governing board.
(2) New town demonstration area.— A definition and
description of the new town demonstration area for the new
town development demonstration to be assisted under thus title.
(3) Target community. — A description of the economic,
social, racial, and ethnic characteristics of the population of
the neighborhood or area in which the new town demonstration
area is located.
(4) Agreements. — Agreements that the governing board
will cany out the new town demonstration program in accord¬
ance with the requirements of this title.
(5) Housing units. — A description of the number, size,
location, cost, style, and characteristics of rental and
homeownership housing units to be developed under the new
town demonstration program, any financing for developing such
PUBLIC LAW 102-550— OCT. 28, 1992
106 STAT. 3929
housing, and the amount of assistance necessary under section
1105 for developing the housing under the program.
(6) Jobs. — ^A description of the number, types, and duration
of any new jobs that will be created in the new town dem¬
onstration area and surroimding areas as a result of the
demonstration program, and of any job training activities and
a{)prenticeship programs to be made available in connection
with the program.
(7) Social services. — ^A description of the social and
supportive services to be made available imder the demonstra¬
tion program to residents of housing assisted under the dem¬
onstration program pursuant to section 1103(d) and to residents
of the new town demonstration area.
(8) Supplemental resources. — ^A description of any funds,
assistance, in-kind contributions, and other resources to be
made available in connection with the demonstration program,
including the sources and amounts of any private capital
resources and non-Federal funds required imder section
1103(h).
(9) Contractors and developers.— A listing of the con¬
tractors and developers who potentially will carry out any
construction and rehabilitation work for development of housing
under the demonstration program and the expected costs
involved in hiring such contractors and developers.
(10) Financing for homebuyers.— A description of any
mortgage lenders who have indicated that they will make
financing available to families purchasing housing developed
under the demonstration program through mortgages eligible
for insurance under section 1104 and proposed terms of such
mortgages.
(11) Commitments. — ^Evidence of any commitments entered
into for making any of the resources described in paragraphs
(6) through (8) available in connection with the demonsteation
program.
(12) Presale requirements. — description of commit¬
ments made to purchase not less than 50 percent of the housing
to be developed under the demonstration program for purchase
by the occupant and to rent not less than 50 percent of the
rental dwellmg units to be developed under the demonstration
program.
(13) Community development activities.— A description
of the community development activities to be carried out with
assistance under section 1106, the amount of assistance nec-
essaiY under such section for such activities, and of the pro¬
jected uses of such assistance.
(d) Review and Approval.—
(1) Submission. — ^Not later than the expiration of the 6-
month period beginning on the date of the enactment of this
Act, a governing board shall submit a new town plan under
this section to the chief executive officers of each unit of general
local government within whose boundaries is located any por¬
tion of the new town demonstration area described under the
plan of the board.
(2) Approval. — ^For a plan to be eligible for assistance
available under this title, the chief executive officer of all units
of general local government to whom the new town plan is
submitted shall approve the plan at a public meeting after
6 STAT, 3930 PUBHC LAW 102-550— OCT. 28, 1992
the plan haa been made publicly available for a period of
not lees than 30 days. A ^veming board may resubmit for
approval any plan returned by any such chief executive officer
to the governing board, and sudhi chief executive officer may,
upon returning the plan indicate any modifications necessary
for approvid. A new town plan may not be cmproved unless
such ^ef executive officers determine that the membership
of Ihe governing board submitting the plan is constituted m
accordance with section 1107 and the governing board is
capable of carrying out the plan.
(3) Amendment. — An approved new town plan for the dem>
onstration program developed bpr the governing board may be
amended by the board by oDtaining approval of the amendxnent
in the manner provided under this subsection for approval
of plans. If t^ chief executive officer of the unit of general
lociu government does not approve or return the amend^ plw
within 30 days of submission, the amended plan shall be consid¬
ered to be approved for purposes of this subsection.
SEC. lies. NEW TOWN DEVELOPMENT DEMONSTRATION PROGRAM
REQUIREMENTS.
(a) In General. — ^Each of the 2 new town development dem¬
onstration programs selected for assistance under this title under
section 1102 shEdl be carried out, by the governing board submitting
the new town plan for the demonstration program, in accordance
with such plan (and any approved amendments of such plans)
and shall be suUect to the requirements under this section.
(b) Local Participation. — With respect to any activities car¬
ried out under the demonstration program, the program shall give
preference in awarding contracts, purchasing materials, acquiring
services, and obtaini^ assistance or training, to contractors,
businesses, developers, professionals, and other establishments
located or having offices within the new town demonstration area.
(c) Housing.—
(1) Number of units. — ^The demonstration program sh^l
construct or renovate not less than 1,500 dwelling units in
the new town demonstration area, of which not less than 60
percent shall be units available for purchase by the occupant.
(2) Affordabiuty. — Units of varying sizes and costs shall
be designed and developed under the demonstration program
so that the program provides housing affordable to families
of varying incomes not exceeding 115 percent of the median
income for the area in which me new town demonstration
area is located, including very low- and low-income families
(as such terms are defin^ in section d(b) of the United States
Housing Act of 1937).
(3) Homeownership units. — ^Dwelling units developed
under the demonstration pro^^ram for purchase by the occupant
shall initially be sold at prices affordable to families eligible
to purchase sudi units. Such units shall be available for pur¬
chase only by families having incomes not exceeding the amount
specified in paragraph (2). The demonstration shall develop
2-, 3-, and 4-bedroom units for purchase.
(4) Reotal units. — ^DweUing units developed under the
demonstration program that are to be available for rental shall
indude fiunily-type units and single bedroom and effidenew
units designed for elderly occupants. Sudi units shall be avau-
PUBLIC LAW 102-550— OCT. 28, 1992
106 STAT. 3931
able for occupancy only by families who (upon initial occupancy)
have incomes of (A) less than 60 percent of the median income
for the area, or (B) less thau $20,000. Occupant families shall
pay not more than 30 j^rcent of the family income for rent.
(d) Social Services. — ^Ihe demonstration program shall pro-
ide for appropriate so(^ and supportive services to be made
irailable to residents of housing assisted under the demonstration
rogram and to other residents of the new town demonstration
rea, which may include rental and homeownership counseling,
lild care, job placement, educational programs, recreational and
salth care faciuties and programs, and other appropriate services.
(e) Job Creation and Training.— The demonstration program
lall provide, to the extent practicable, that activities in conneikion
ith me demonstration pro^am, including development of housing
cider subsection (c) and community development activities assisted
cider section 1106, shall employ and provide job training opportuni-
es for residents of the housii^ assisted under the demonstration
cngram and other residents of the new town demonstration area.
(f) Financing. — ^The demonstration program shall provide for
»orddnation with banks, credit unions, and other mortgage lenders
> make financing available to purchasers of units devmoped under
le demonstration program through mortgages eligible for insurance
ader section 1104, and shall give preference to such mortgage
nders who have offices located within or near the new town
smonstration area.
(g) Support Facilities. — ^The demonstration program shall
icourage, facilitate, and provide for development of appropriate
ipport facilities to serve residents in the housing developed under
le program, including infrastructure and commercial facilities.
(h) Non-Federal funds. — The governing board carrying out
le demonstration program shall ensure that not less than 25
3rcent of the total amounts used to carry out the demonstration
rogram is provided from non-Federal sources, including State or
cm government funds, any salary paid to staff to carry out the
smonstration program, the value of any time, services, and mate-
als donated to carry out the program, the value of any donated
lilding, and the value of any lease on a building.
BC. 1104. federal mortgage INSURANCE.
(a) In General. — ^Pursuant to title II and section 251 of the
ational Housing Act, the Secretmy shall (to the extent authority
available pursuant to subsection (d)) insure mortgages under
ds section involving properties upon which are locatea dwelling
[fits described in section 1103(cX3) of this Act that are developed
ader the new town demonstration programs carried out pursuant
I this title.
(b) Mortgage Terms. — ^Mortgages insured under this section
lall—
(1) provide for periodic adjustments in the effective rate
of interest charged, which —
(A) for the first 5 years of the mortgage, shall be
an annual rate of not more than 7 percent; and
(B) after the expiration of such 5-year period, may
increase on an annual basis, but —
(i) shall be limits, with respect to any single
interest rate increase, to not more than a 10-percent
increase in the annual percentage rate; and
(ii) may not be increased at any time to a rate
greater than the rate necessary at such time to folly
amortize the outstanding loan balance over the term
of the mortgage; and
(2) have a maturity of 35 years from the date of the
beginning of the amortization of the mortgage.
(c) Board Approval.— The Secretary mav provide insurance
imder this section for a mortgage only if the governing board
for the demonstration program for the new town demonstration
area in which the property subject to the mortgage is located
has indicated to the Secretary approval of the mortage in connec¬
tion with the demonstration program.
(d) Insurance Authority.— To the extent provided in appro¬
priation Acts, the Secretary shall use any authority provided pursu¬
ant to section 531(b) of the National Housing Act to enter into
commitments to insure loans and mortgages imder this section
in fiscal years 1993 and 1994 with an aggregate principal amount
not exceeding such sums as may be necessary to carry out the
demonstration under this title. Mortgages insured imder this section
shall not be considered for pulses of the aggregate limitation
on the number of mortgages insured under section 251 of the
National Housing Act specified in subsection (c) of such section.
SEC. 1105. SECONDARY SOFT MORTGAGE FINANCING FOR HOUSING.
(a) In General. — ^The Secretary shall, to the extent amounts
are provided in appropriation Acts under subsection (e), provide
assistance under this section through the governing boards carrying
out the new town demonstration programs under this section to
assist in the development of housing under the program.
(b) Use.— Any assistance provided under this section shall be
used ojdy for coste in planning, develop!]^, constructing, and
rehabilitating housing under the demonstration program available
for rental or purchase by the occupant. The governing hoard shall
determine, according to the new town plan for the demonstration
program, the allocation of amounts of assistance provided under
this section.
(c) .^OUNT. — ^The Secretary may not provide assistance under
this section for the development of housing under a demonstration
program in an amount exceeding $50,000 per diwelling unit assisted.
(d) Second Mortgage.—
(1) In general. — ^^sistance under this section shall be
repaid in accordance with this subsection. Repayment of the
amount of any assistance provided with respect to —
(A) any building containing rental units, or
(B) any dwelling unit available for purchase by the
occupant that is devmoped under a demonstration program,
shall be secured by a second mortgage held by the Secretary
on the property involved.
(2) ^RMS. — ^During the period ending upon repayment of
the assistance as provided in this subsection, any building
containing rental units that is provided assistance under this
section shall be used as rental housing subject to the require¬
ments of section 1103(cX4). During me period ending upon
repayment of the assistance as provided in this subsection,
any dwelling unit made available for purchase by the occupant
that is provided assistance under this section may be sold
PUBLIC LAW 102-550— OCT. 28, 1992
106 STAT. 3933
only to a family having an income not exceeding the amount
specified in section 1103(cX2).
(3) Interest. — Any assistance provided under this section
for a building or dwelling unit shall bear interest at a rate
equivalent to the rate for the most recently marketable obliga¬
tions issued by the United States Treasury have terms of
10 yesurs. The interest on such assistance shall be required
to be repaid only upon sale of the building.
(4) Discounted repayment. — ^The assistance provided
under this section for any building containing rent^ units
or any dwelling unit available for purchase by the occupant
shall be considered to have been r^aid for purposes of this
subsection if the original purchaser of the buildGbng or the dwell¬
ing unit pays to the Secretary an amount equal to 50 percent
of the amoimt of the assistance provided under this section,
(e) Authorization of Appropriations. — ^There are authorized
o be appropriated for fiscal years 1993 and 1994 such sums as
nay be necessary for providing assistance under this section.
JEC. 1100. COMMUNITY DEVELOPMENT ASSISTANCE.
(a) In General. — ^The Secretary shall provide sissistance under
;his section, to the extent amounts are provided in appropriation
Vets under subsection (h), to units of general local government
o address vital unmet needs and to promote the creation of jobs
ind economic development in connection with the new tovm dem-
mstration programs carried out under this title.
(b) Eligible Units of General Local Government.— Assist-
ince may be provided under this section only to units of general
ocal government —
(1) within whose boundaries are located any portion of
the new town demonstration areas described under the new
town demonstration plans for the demonstration programs car¬
ried out under this title;
(2) that make the certifications to the Secretary required
under subsection (c); and
(3) that will comply with a residential antidisplacement
and relocation assistance plan described in subsection (d).
(c) Required Certifications. — ^The certifications referred to
n subsection (bX2) shall be certifications thatr—
(1) the assistance will be conducted and administered in
conformity with the Civil Rights Act of 1964 and the Civil
Rights Act of 1968, and the unit of general local government
will affirmatively farther fair housing;
(2) the projected use of funds has been developed in a
manner that gives maximum feasible priority to activities which
are desimed to meet community development needs that have
been delayed because of the lack of fiscal resources of the
unit of general local government or which are designed to
address conditions that pose a serious and immediate threat
to the health or welfare oi the community;
(3) any projected use of funds for public services will benefit
primarily low- and moderate-income families;
(4) the unit of general local government will not attempt
to recover any capital costs of public improvements assist^
in whole or part under this section by assessing aiw amount
against properties owned and occupied by persons of low- and
moderate-income, including any lee charged or assessment
iximic as a ux uuuoxxxixx^ auucso tu suuix puuixi; xxxxpxuv^?*
merits, unless —
(A) funds received under this section are used to pay
the pro^rtion of such fee or assessment that relates to
the capital costs of such public improvements that are
financed from revenue sources other titian under this sec¬
tion; or
(B) for purposes of assessing any amount against prop¬
erties owned and occupied by persons of moderate income,
the grantee certifies to the Secretary that it lacks sufficient
funds received under this section to comply with the
requirements of subparagraph (A); and
(5) the unit of general local government will comply with
the other provisions of this title and with other applicable
laws.
(d) Antidisplacement and Relocation Plan.—
(1) Contents. — ^The residential antidisplacement and
relocation assistance plan referred to in subsection (bX3) shall,
in connection with activities assisted under this section —
(A) provide that, in the event of such displacement —
(i) governmental agencies or private developiers
shall provide, within the same community, comparable
replacement dwellings for the same number of occu¬
pants as could have been housed in the occupied and
vacant occupiable low- and moderate-income dwelling
units demolished or converted to a use other than
for housing for low- and moderate-income persons, and
provide that such replacement housing may include
existing housing assisted with project based assistance
provided under section 8 of the United States Housing
Act of 1937;
(ii) such comparable replacement dwellings shall
be designed to remain affordable to persons of low-
and moderate-income for 10 years from the time of
initial occupancy;
(iii) relocation benefits shall be provided for all
low- or moderate-income persons who occupied housing
demolished or converted to a use other than for low-
or moderate-income housing, including reimbursement
for actual and reasonable moving expenses, security
deposits, credit checks, and other moving-related
expenses, including any interim living costs; and in
the case of displaced persons of low- and moderate-
income, provide either —
(I) compensation sufficient to ensure that, for
a 5-year period, the displaced families shall not
bear, after relocation, a ratio of shelter costs to
income that exceeds 30 percent; or
(II) if elected by a family, a lump-sum payment
equal to the capitalized value of the benefits avail¬
able under sul^lause (I) to permit the household
to secure participation in a housing cooperative
or mutual housing association; and
(iv) persons displaced shall be relocated into com¬
parable replacement housing that is —
(I) decent, safe, and sanitary;
K.11) aaequai^e m size ui accommoaai« me occu¬
pants;
(III) functionally equivalent; and
(IV) in an area not subject to unreasonably
adverse environmental conditions; and
(B) provide that piersons displaced shall have the right
to elect, as sm alternative to the benefits under this sub¬
section, to receive benefits under the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of
1970 if such persons determine that it is in their best
interest to do so; and
(C) provide that where a claim for assistance under
subparagraph (AXiv) is denied by the unit of general local
government, the claimant may appeal to the Secretary,
and that the decision of the Secretary shall be final unless
a court determines the decision was arbitrary and capri¬
cious.
(2) Exception. — ^Paragraphs (IXAXi) and (l)(AXii) shall
not apply in any case in wmch the Secretary finds, on the
basis of objective data, that there is available in the area
an adequate supply of habitable affordable housing for low-
and moderate-income persons. A determination under this para¬
graph shall be final and nonreviewable.
(e) Eligible Activities. — ^Activities assisted with amounts pro-
id under this section may include only the following activities:
(1) Acquisition of real property.— The acquisition of
real property (including air rights, water rights, and other
interests therein) that is located within the new town dem¬
onstration area and is —
(A) blighted, deteriorated, undeveloped, or inappropri¬
ately developed from the standpoint of sound community
development and growth;
(B) appropriate for rehabilitation activities;
(C) appropriate for the preservation or restoration of
historic sites, the beautification of urban land, the con¬
servation of open spaces, natural resources, and scenic
areas, the provision of recreational opportunities, or the
guidance of urban development;
(D) to be used for the provision of public works, facili¬
ties, and improvements eligible for assistance under this
section;
(E) to be used as a facility for coordinating and provid¬
ing activities and services mr high risk youth (as such
term is defined in section 509A of the Public Health Service
Ajct); or
(F) to be used for other public purposes.
(2) Construction of public works and facilities.— The
acquisition, construction, rehabilitation, or installation of public
works or public facilities within the new town demonstration
area, including buildings for the general conduct of government
and facilities for coordinating and providing activities and serv¬
ices for high risk youth (as such term is defined in section
509A of the Public Health ^rvice Act).
(3) Clearance and rehabiutation of buildings.— The
clearance, removal, and rehabilitation of buildings and improve¬
ments located within the new town demonstration area, includ¬
ing interim assistance, assistance for facilities for coordinating
5 STAT. 3936
PUBLIC LAW 102-550— OCT. 28. 1992
and providing activities and services for high risk youth (as
such term is defined in section 509A of we Public Health
Service Act), and assistance to privately owned buildings and
improvements.
(4) Provision of pubuc services and housing.—
(A) Public services. — ^The provision of public services
within the new town demonstration area that are concerned
with job traini^ and retraining, health care and education,
crime prevention, drug abuse treatment and rehabilitation,
child care, education, and recreation, which may include
the provision of public health anc^ublic safety vehicles.
(B) Housing activities.— The acquisition and
rehabilitation of housing for low- and m^erate-income
families within the new town demonstration area, except
that any grantee that uses amounts received under this
section for nousing activities under this subparagraph shall
make not less than 15 percent of the amount used for
such housing activities available only for community hous¬
ing development organizations and nonprofit organizations
(as such terms are defined in section 104 of the Cranston-
(jonzalez National Affordable Housing Act) for such activi¬
ties;
(C) Limitation. — ^Not more than 25 percent of the
amount of any assistance provided under this section
(Including program income) to any unit of general local
government may be used for activities under this para¬
graph.
(5) Relocation assistance. — ^Relocation payments and
assistance for individuals, families, business, and organizations
that are displaced as a result of activities assisted under this
title.
(6) Payment of administrative expenses.— Payment of
reasonable administrative costs associated with activities
assisted under this section and any expenses of developing
the new town plan under section 1102.
(f) Allocation of Assistance.— The Secretary may not provide
more than 50 percent of any amounts appropriated under this
section in connection with any one of the 2 new town demonstration
programs carried out under tl^ title.
(g) Other Requirements. — The provisions of subsections (f),
(g), and (h) of section 104, subsections (c) and (d) of section 105,
section 107, 108, 109, and 110 of the bill, H.R. 4073, 102d Confess
(as reported on March 14, 1992, Iw the Committ^ on Banking,
Finance and Urban Affairs of the House of Representatives), shall
apply to grantees receiving assistance under this section.
(h) Authorization of Appropriations.— There are authorized
to be appropriated for fiscal years 1993 and 1994 such sums as
may be necessary for assistance under this section.
SEC. 1107. GOVERNING BOARDS.
(a) Purpose.— For purposes of this title, a governing board
shall be a board organized for the purpose of developing a new
town plan imder this title and carrying out a new town devmopment
demonstration under this title.
(b) Membership. — ^Each governing board shall consist of not
less than 10 members, who shall include —
106 STAT. 3937
PUBLIC LAW 102-550— OCT. 28, 1992
(1) residents of the area in which the new town demonstra¬
tion area under the plan developed by the board is located;
(2) owners of business in such area;
(3) leaders or participants in community groups in such
area; and
(4) representatives of financial institutions located or hav¬
ing offices in such area.
(c) Organization.— A governing board may organize itself and
duct business in the manner that the board determines is appro-
ite to carry out the new town development demonstration under
3 title.
1108. REPORTS.
Each governing board carrying out a new town development
aonstration under this title shall submit to the Congress the
owing information:
(1) New town plan. — Upon approval of the new town
plan of the governing board under section 1102(d), a copy
of the approved plan.
(2) Annual reports. — For the 6-year period beginning
upon the approval of the new town plan, annual reports for
each 12-month period during such 5-year period, which shall
be submitted within 3 months after the expiration of the 12-
month period. Each report shall include a description of any
activities during such period to carry out the demonstration
program of the governing board, the use during such period
of any assistance provided under this title, and any amend¬
ments under section 1102(dX4) to the new town plan approved
during such period.
D. 1100. DEFINITIONS.
For purposes of this title:
(1) Demonstration program.— The terms “demonstration
program” and “program” mean a new tovm development dem¬
onstration program receiving assistance under this title, which
is carried out within a new town demonstration area by a
governing board.
(2) (Governing board. — ^The term “governing board means
a board established under section 1107.
(3) New town demonstration area. — ^The term “new town
demonstration area” means the area defined in a new town
plan in which the new town development demonstration under
the plan is to be carried out.
(4) New town plan. — ^The terms “new town plan
“plan” mean a plsin under section 1102 developed by a governing
board. ™ . « •*.
(6) Unit of general local government.— The term umt
of general local government” means any city, county,
township, parish, village, or other general purpose political
subdivision of the State of California.
106 STAT. 3938
PUBLIC LAW 102-550— OCT. 28, 1992
Eemoval of
Eegulatx)ry
Barriers to
Affordable
Housing Act of
1992.
Inter¬
governmental
relations.
42 use 12705a
note.
42 use 12705a.
42 use 12705b.
42 use 12705c.
TITLE XII— REMOVAL OF REGULATORY
BARRIERS TO AFFORDABLE HOUSING
SEC. 1201. SHORT TITLE.
This title may be cited as the *^moval of Regulatory Barriers
to Affordable Housing .A^t of 1992”.
SEC. 1202. PURPOSES.
The purposes of this title are —
(1) to encourage State and local governments to further
identify and remove regulatory barriers to affordable housing
(incluc^g barriers that are excessive, unnecessary, duplicative,
or exclusionary) that significantly increase housing costs and
limit the supply of affordable housing; and
(2) to strengthen the connection between Federal housing
assistance and State and local efforts to identify and eliminate
regulatory barriers.
SEC. 1203. DEFINITION OF REGULATORY BARRIERS TO AFFORDABLE
HOUSING.
For purposes of this title, the terms “regulatory barriers to
affordable housing” and “rotatory barriers” mean any public poli¬
cies (including policies embodied in statutes, ordinances, rela¬
tions, or adn^strative procedures or processes) required to be
identified by a jurisdiction in connection with its comprehensive
housing affordability strategy under section 106(bX4) of the Cran-
ston-Gonzalez National Affordable Housing Act. Such terms do not
include policies relating to rents imposed on a structure by a juris¬
diction or policies that have served to create or preserve, or can
be shown to create or preserve, housing for low- and very low-
income families, includmg displacement protections, demolition
controls, replacement housing requirements, relocation benefits,
housing trust funds, dedicated funding sources, waiver of local
property taxes and builder fees, inclusionary zoning, rental zoning
overlays, long-term use restrictions, and rights of first refusal.
SEC. 1204. GRANTS FOR REGULATORY BARRIER REMOVAL STRATE¬
GIES AND IMPLEMENTATION.
(a) In General. — ^The amounts set aside imder section 107
of the Housii^ and Community Development Act of 1974 for the
purpose of this subsection shall be available for grants under sub¬
section (b) and (c).
(b) State Grants. — The Secretary may make grants to States
for the costs of developing and implementing strategies to remove
regulatory barriers to affordable housing, including the costs of —
(1) identifymg, assessing, and monitoring State and local
regulatory barriers;
(2) identifying State and local policies (including laws and
regulations) that permit or encourage re^atory barriers;
(3) developiim legislation to provide a State promram to
reduce State and local rej^atory barriers and developing a
strata^ for adoption of such legislation;
(4) developing model State standards and ordinances to
reduce regulatory barriers and assisting in the adoption and
use of the standards and ordinances;
(5) carrying out the simplification and consolidation of State
administrative procedures and processes constituting regulatory
barriers to affordable housing, including the issuance of per¬
mits; and
(6) providing technical assistance and information to units
of general local government for implementation of legislative
and administrative reform programs to remove regulatory bar¬
riers to affordable housing.
(c) Local Grants. — ^The Secretary may make ^ants to units
9f general local government for the costs of ^veloping and
implementing strategies to remove regulatory barriers to affordable
housing, including the costs of—
(1) identifying, assessing, and monitoring local regulatory
barriers;
(2) identifying local policies (including laws and regula¬
tions) that permit or encourage regulatory barriers;
(3) developing legislation to provide a local program to
reduce local regulatory barriers and developing a strategy for
adoption of such legislation;
(4) developing model local standards and ordinances to
reduce regulatory barriers and assisting in the adoption and
use of the standards and ordinances; and
(5) carrying out the simplification and consolidation of local
administrative procedures and processes constituting regulatory
barriers to affordable housing, including the issuance of
permits.
(d) Definition. — For purposes of this section, the terms “regu¬
latory barriers to affordable housing” and “rotatory barriers”
have the meaning given such terms in section 1203.
(e) Application and Selection.— The Secretary shall provide
for the form and manner of applications for grants imder this
section, which shall describe how grant amoimts wiU assist the
State or unit of general local government in developing and
implementing strategies to remove re^atory barriers to affordable
housing. The Secretary shall establish criteria for approval of
applications under this subsection and for the selection of units
of general local government to receive grants imder subsection
[fX2).
(f) Allocation of Amounts.—
(1) State grants.—
(A) In general. — Of the total amount appropriated
for each fiscal year to carry out this subsection, the Sec¬
retary shall use two-thirds of such amoimt to provide
grants under subsection (b) to each State submitting an
application that is approved by the Secretary. Such
amounts shall be allocated among the States based upon
the measure of need (for the whole State) of each State,
as determined under section 217(bXlXA) (excluding adjust¬
ments under section 217(bXlXD)) of the Cranston-Gonzalez
National Affordable Housing Act, except that the minimum
OTant amount for each fiscal year grant shall be $100,000
(to the extent sufficient amounts are made available).
(B) Pro rata distribution.— If insufficient amounts
are made available for grants in the amount under subpara¬
graph (A) to each State submitting an approved application,
each such State shall receive a pro rata portion of such
5 STAT. 3940
PUBLIC LAW 102-550— OCT. 28, 1992
2 use 12705d.
amount based on the ratio of the population of such State
to the population of States.
(2) Local grants. — Of the total amount appropriated for
each fiscal year to carry out this section, the S^etary shall
iise one-third of such amount to provide grants on a competitive
basis to units of general local government based on the proposed
iises of such amoimts, as provided in the^ application. Each
Sant made with such amounts shall be in an amoimt not
3S than $10,000.
(g) Coordination With Clearinghouse. — Each State and unit
of general local government receiving a grant under this section,
sh^ consult, coordinate, and exchange information with the
clearinghouse established under section 1205.
(h) Reports to Secretary. — ^Each State and unit of general
local government receiving a grant under this section shall submit
a report to the Secretary, not less than 12 months after receiving
the grant, describing any activities carried out with the grant
amoimts. The report shall contain an assessment of the impact
of any regulatory barriers identified by the grantee on the housing
patterns of minorities.
(i) Conforming Amendments. — ^The first sentence of section
106(d)(1) of the Housing and Community Development Act of 1974
(42 U.S.C. 6306(dXl)) is amended by striking “for grants” and
all that follows though “(2))” and inserting ‘%bat remains after
allocations pursuant to paragraphs (1) and (2) of subsection (a)”.
SEC. 1205. regulatory BARRIERS CLEARINGHOUSE.
(a) Establishment. — ^The Secretary of Housing and Urban
Development shall establish a clearinghouse to receive, collect, proc¬
ess, and assemble information regardmg —
(1) State and local laws, regidations, and policies affecting
the development, maintenance, improvement, availability, or
cost of affordable housing, including tax policies affecting land
and other property, land use controls, zonmg ordinances, ouild-
ii^ codes, fees and charges, growth limits, and policies that
anect the return on investment in residential property;
(2) State and local activities, stratemes, and plans to
remove or ameliorate the negative effects, u any, of such laws,
regulations, and policies; and
(3) State and local stratemes, activities and plans that
promote affordable housing and housing dese^gation.
(b) Functions. — The clearinghouse estabhshed imder sub¬
section (a) shall —
(1) respond to inquiries from State and local governments,
other organizations, and individuals requesting information
regardi^ State and local laws, regulations, policies, activities,
stratemes, and plans described in subsection (a); and
(2) provide assistance in identifying, examining, and under¬
standing such laws, regulations, policies, activities, strategies,
and plans.
SEC. 1206. SUBSTANTIALLY EQUIVALENT FEDERAL AND STATE BAR¬
RIER ASSESSMENT REMOVAL REQUIREMENTS.
Section 105(bX4) of the Cranston-Gonzalez National Affordable
Housing Act (42 U.S.C. 12705(bX4)) is amended by inserting before
the Mmicolon at the end the following: “, except that, if a State
requ^s a unit of general local government to submit a regulatory
bamer assessment that is substimtially equivalent to the informa-
PUBLIC LAW 102-550— OCT. 28, 1992
106 STAT. 3941
tion re(]^uired under this paragraph, as determined by the Secretary,
the unit of general local government may submit its assessment
submitted to the State to the Secretary and shall be considered
to have complied with this paragraph”.
SEC. 1207. REPORTS BY SECRETARY.
Not later than 2 years after the date of enactment of this
Act, the Secretary of Housing and Urban Development shall submit
a report to the Congress. The report shall —
(1) describe any successful State and local strategies for
the removal of barriers to affordable housing;
(2) assess the impact of identified regulatory barriers on
the housing patterns of minorities; and
(3) describe any strategies developed or implemented by
the Department of Housing and Urban Development for reduc¬
ing barriers to affordable housing imposed by the Federal
Government.
TITLE XIII--GOVEIINMENT SPONSORED
ENTERPRISES
SEC. 1301. SHORT TITLE.
This title may be cited as the ‘Tederal Housing Enterprises
Financial Safety and Soundness Act of 1992”.
SEC. 1302. CONGRESSIONAL FINDINGS.
The Confess finds that —
(1) me Federal National Mortgage Association and the
Federal Home Loan Mortgage Co^ration (referred to in this
section collectively as the ^enterprises”), and the Federal Home
Loan Banks (referred to in this section as the “Banks”), have
imj^rtant public missions that are reflected in the statutes
and charter Acts establishing the Banks and the enterprises;
(2) because the continued ability of the Federal National
Mortgage Association and the Federal Home Loan Mortgage
Corporation to accomplish their public missions is important
to providing housing in the United States and the health of
the Nations economy, more effective Federal regulation is
needed to reduce the risk of failure of the enterprises;
(3) considering the current oj^rating procedures of the
Federal National Mortgage Association, the Federal Home Loan
Mortgage Corporation, and the Federal Home Loan Banks,
the enterprises and, the Banks currently pose low financial
risk of insolvency;
(4) neither the enterprises nor the Banks, nor any securities
or obligations issued by the enterprises or the Banks, are
backed by liie full faith and credit of me United States;
(5) an entity regulating the Federal National Mortgage
Association and the Federal Home Loan Mortgage Corporation
should have sufficient autonomy from the enterprises and spe¬
cial interest groups;
(6) an entity regulating such enterprises should have the
authority to establish capitm standards, require financial disclo¬
sure, prescribe adequate standards for books and records and
other internal controls, conduct examinations when necessary.
42 use 12705a
note.
Federal
Housing
Enterprises
Financial
Safety and
Soundness Act
of 1992.
12 use 4501
note.
12 use 4501.
i6 STAT. 3942
PUBLIC LAW 102-550— OCT. 28, 1992
and enforc© compliance with the standards and rules that it
establishes*
(7) the Federal National Mortgage Association and the
Federal Home Loan Mortgage Corporation have an affinnative
obligation to facilitate the financing of affordable housing for
low- and moderate-income families in a mamier consistent with
their overall public purposes, while ms^taining a strong finan¬
cial condition and a reasonable economic return; and
(8) the Federal Home Loan Bank Act should be amended
to emphasize that providing for financial safety and soundness
of the Federtd Home Loan Banks is the primary mission of
the Federal Housing Finance Board.
2 USO 4502. SEC. 1303. DEFINITIONS.
For purposes of this title:
(1) Affiliate. — ^Except as provided by the Director, the
term “affiliate” means any entity that controls, is controlled
by, or is under common control with, an enterprise.
(2) Capital distribution.—
(A) In general. — ^The term “capital distribution”
means —
(i) any dividend or other distribution in cash or
in kind made with respect to any shares of, or other
ownership interest in, an enterprise, except a dividend
consisting only of shares of the enterprise;
(ii) any pa3anent made by an enterprise to
repurchase, redeem, retire, or otiierwise acquire any
of its shares, including any extension of credit made
to finance an acquisition by the enterprise of such
shares; and
(iii) any transaction that the Director determines
by regulation to be, in substance, the distribution of
capital.
(B) Exception. — ^Any payment made by an enterprise
to repurchase its shares for the purpose of fulfilling an
obligation of the enterprise under an employee stock ovmer-
ship plan that is qualified under section 401 of the Internal
Revenue Code of 1986 or any substantially equivalent plan,
as determined by the Director, shall not be considered
a capital distribution.
(3) Compensation. — ^The term “compensation” means any
payment of money or the provision of any other thing of current
or potential value in connection with emplo3nnent.
(4) Core capit^. — ^The term “core capital” means, with
respect to an enterprise, the sum of the following (as determined
in accordance with generally accepted accounting principles):
(A) The par or stated value of outstanding common
stock.
(B) The par or stated value of outstanding perpetual,
noncumulative preferred stock.
(C) Paid-in capital.
(D) Retained earnings.
The core capital of an enterprise shall not include any amounts
that the enterprise could be required to pay, at the option
of investors, to retire capital instruments.
PUBLIC LAW 102-550— OCT. 28, 1992
106 STAT. 3943
(5) Director. — The term “Director* means the Director
f the Office of Federal Housing Enterprise Oversight of the
)epartment of Housingand Urban Development.
(6) Enterprise. — ^The term “enterprise” means —
(A) the Federal National Mortgage Association and
any affiliate thereof; and
(B) the Federal Home Loan Mortgage Corporation and
any afi^ate thereof.
(7) Executive officer. — The term “executive officer”
leans, with respect to an enterprise, the chairman of the
oard of directors, chief executive officer, chief financial officer,
resident, vice chairman, any executive vice president, and
ny senior vice president in charge of a principal business
nit, division, or nmction.
(8) Low-income. — The term “low-income” means —
(A) in the case of owner-occupied units, income not
in excess of 80 percent of area median income; and
(B) in the case of rental units, income not in excess
of 80 percent of area median income, with adjustments
for smaller and larger families, as determined by the
Secretary.
(9) Median income. — ^The term “median income” means,
rith respect to an area, the unadjusted median family income
>r the area, as determined and published annually by the
ecretary.
(10) Moderate-income. — ^The term “moderate-income”
leans —
(A) in the case of owner-occupied units, income not
in excess of area median income; and
(B) in the case of rental units, income not in excess
of area median income, with adjustments for smaller and
larger families, as determined bythe Secretary.
(11) Mortgage purchases.— ^e term “mortgage pur-
tiases” includes mortgages purchased for portfolio or
ecuritization.
(12) Multifamily housing.— The term “multifamily hous-
1^’ means a residence consisting of more than 4 dwelling
nits.
(13) New program. — The term “new program” means any
rogram for the purchasing, servicing, selling, lending on the
Bcurity of, or otherwise dealing in, conventional mortgages
tiat—
(A) is significantly different from programs that have
been approved under this Act or that were approved or
engaged in by an enterprise before the date of the enact¬
ment of this Act; or
(B) represents an expansion, in terms of the dollar
volume or number of mortgages or securities involved, of
programs above limits expressly contained in any prior
approval.
(14) Office. — ^The term “Office” means the Office of Federal
lousing Enterprise Oversight of the Department of Housing
nd Urban Development.
(15) Secretary. — The term “Secretary” means the Sec¬
tary of Housing and Urban Development.
(16) Single family housing.— The term “single family
Lousing means a residence consisting of 1 to 4 dwelung units.
106 STAT. 3944
PUBLIC LAW 102-550— OCT. 28, 1992
(17) State. — ^The term “State” means the States of the
United States, the District of Columbia, the Commonwealth
of I^erto Rico, the Commonwealth of the Northern Mariana
Islands, Guam, the Virgin Islands, American Samoa, the Trust
Territo:ty of the Pacific Islands, and any other territory or
possession of the United States.
(18) Total capital. — ^The term “total capital” means, with
respect to an enterprise, the sum of the following:
(A) TTie core capital of the enterprise;
(B) A general allowance for foreclosure losses, which —
(i) shall include an allowance for portfolio mortgage
losses, an allowance for nonreimbursable foreclosure
costs on government claims, and an allowance for liabil¬
ities reflected on the balance sheet for the enterprise
for estimated foreclosure losses on mortgage-backed
securities; and
(ii) shall not include any reserves of the enterprise
made or held against specific assets.
(C) Any other amounts from sources of fimds available
to absorb losses incurred by the enterprise, that the Direc¬
tor by regidation determines are appropriate to include
in determining total capital.
(19) Very low-income. — ^The term “very low-income”
means —
(A) in the case of owner-occupied unite, income not
in excess of 60 percent of area median income; and
(B) in the case of rental unite, income not in excess
of 60 percent of area median income, with adjustments
for smaller and larger families, as determined by the
Secretary.
12 use 4503. SEC. 1304. PROTECTION OF TAXPAYERS AGAINST LIABILITY.
This title and the amendments made by this title may not
be construed as obligating the Federal Government, either directly
or indirectly, to provide any funds to the Federal Home Loan
Mortgage Corporation, the Federal National Mortgage Association,
or the Federal Home Loan Banks, or to honor, reimburse, or other¬
wise guarantee a^ obligation or liability of the Federal Home
Loan Mortgage (Jorporation, die Federal National Mortgage
Association, or the Fraeral Home Loan Banks. This title and the
amendments made by this title may not be construed as implying
that any such ente^rise or Bank, or any obligations or securities
of such an enterprise or Bank, are backed by the fiill faith and
credit of the Unit^ States.
Subtitle A — Supervision and Regulation of
Enterprises
PART 1— FINANCIAL SAFETY AND SOUNDNESS
REGULATOR
12 use 4511. SEC. 1311. ESTABLISHMENT OF OFFICE OF FEDERAL HOUSING
ENTERPRISE OVERSIGHT.
There is hereby established an office within the Department
of Housing and Urban Development, which shall be Imown as
the Office of Federal Housing Enterprise Oversight.
PUBLIC LAW 102-550— OCT. 28, 1992
106 STAT. 3945
1312. DIRECTOR.
(a) Appointment. — ^The Office shall be under the management
Director, who shall be appointed by the President, by and
the advice and consent of the Senate, from among individuals
are citizens of the United States, have a demonstrated under¬
ding of financial management or oversight, and have a dem-
rated understanding of mortgage security markets and housing
ice. An individual may not be appointed as Director if the
ddual has served as an executive officer or director of an
n>rise at any time during the 3-year period ending upon the
[nation of such individual for appointment as Director.
(b) Term. — ^The Director shall be appointed for a term of 5
(c) Vacancy. — ^A vacancy in the position of Director shall be
1 in the manner in which the ori^nal appointment was made
iv subsection (a).
(d) Service After End of Term.— A Director may serve after
expiration of the term for which the Director was appointed
[ a successor Director has been appointed.
(e) Deputy Director.— '
(1) In general. — ^The Office shall have a Deputy Director
who shall be appointed by thej Director from among individuals
who are citizens of the United States, have a demonstrated
understanding of financial management or oversight, and have
a demonstrated understanding of mortgage security markets
and housing finance. An individual may not be appointed as
D^uty Director if the individual has served as an executive
officer or director of an enterprise at any time during the
3-year period ending upon the appointment of such individual
s Deputy Director.
(2) Factions. — ^The Deputy Director shall have such func¬
tions, powers, and duties as the Director shall prescribe. In
he event of the death, resignation, sickness, or absence of
the Director, the Deputy Director shall serve as acting Director
until the return of tne Director or the appointment oi a succes-
or pursuant to subsection (c).
laia. DUTY AND AUTHORITY OF DIRECTOR.
(a) Duty. — The duty of the Director shall be to ensure that
enterprises are adequately capitalized and operating safely,
scordance with this title.
(b) Authority Exclusive of Secretary.— The Director is
lorized, without the review or approval of the Secretary, to
e such determinations, take sucn actions, and perform such
ions as the Director determines necessary regarding —
(1) the issuance of regulations to carry out this part, sub¬
title B, and subtitle C (including the establishment of capital
standards pursuant to subtitle B);
(2) examinations of the enterprises under section 1317;
(3) determining the capital levels of the enterprises and
classification of the enterprises within capital classifications
established under subtitle B;
(4) decisions to appoint conservators for the enterprises;
(5) administrative and enforcement actions imder subtitle
B, actions taken under subtitle C with respect to enforcement
of subtitle B, and other matters relating to safety and
soundness;
12 use 4512.
President.
12 use 4513.
106 STAT. 3946 PUBLIC LAW 102-550— OCT. 28, 1992
(6) approval of payments of capital distributions by the
enterprises under section 303(cX2) of the Federal National
Mortgage Association Charter Act and section 303(bX2) of the
Federal Home Loan Mortgage Corporation Act;
(7) requiring the enterprises to submit reports under sec¬
tion 1314 of tiiis title, section 309(k) of the Federal National
Mortgage Association Charter Act, and section 307(c) of Hie
Federal Home Loan Mortgage Corporation Act;
(8) prohibiting the pa3anent of excessive compensation by
the enterprises to any executive officer of the enterprises under
section 1318;
(9) the management of the Office, including the establish¬
ment and implementation of annual budgets, the hiring of,
and compensation levels for, personnel of the Office, and annual
assessments for the costs of the Office;
(10) conducting research and financial analysis; and
(11) ffie submission of reports required by the Director
imder this title.
(c) Authority Subject to Approval of Secretary.— Any
determinations, actions, and fimctions of the Director not referred
to in subsection (b) shall be subject to the review and approval
of the Secretary.
(d) Delegation of Authority. — ^The Director may delegate
to officers and employees of the Office any of the functions, powers,
and duties of the Director, as the Director considers appropriate.
(e) Independence in Providing Information to Congress. —
The Director shall not be required to obtain the prior approval,
comment, or review of any omcer or agency of the Unitea States
before submitting to the Congress, or any committee or subcommit¬
tee thereof, any reports, recommendations, testimony, or comments
if such submissions include a statement indicating that the views
expressed therein are those of the Director and do not necessarily
represent the views of the Secretary or the President.
12 use 4514. SEC. 1314. AUTHORITY TO REQUIRE REPORTS BY ENTERPRISES.
(a) Special Reports and Reports of Financial Condition. —
(1) Financial condition. — ^The Director may require an
enterprise to submit reports of financial condition and oper¬
ations (in addition to the annual and quarterly reports requured
under section 309(k) of the Federal National Mortgage Associa¬
tion Charter Act and section 307(c) of the Federal Home Loan
Mortgage Corporation Act).
(2) Special reports. — The Director may also require an
enterprise to submit special reports whenever, in the judgment
of the Director, such reports are necessary to carry out the
purposes of this title.
(3) Limitation. — The Director may not require the inclu¬
sion, in any report pursuant to para^aph (1) or (2), of any
information that is not reasonably obtainable by the enterprise.
(4) Notice and declaration.— The Director shall notify
the enteiprise, a reasonable period in advance of the date
for submission of any report under this subsection, of any
specific information to be contained in the report and the date
for the submission of the report. Each report under this sub¬
section shall contain a declaration by the president, vice presi¬
dent, treasurer, or any other officer designated by the l)oard
of directors of the enterprise to make such declaration, that
PUBLIC LAW 102-550— OCT. 28, 1992
106 STAT. 3947
lie report is true and correct to the best of such officer’s
nowledge and belief.
t)) Capital Distrebutions. — ^The Director may require an
prise to submit a report to the Director after the declaration
y capital distribution by the enteiprise and before making
apital distribution. The report shall be made in such form
mder such circumstances and shall contain such information
} Director shall require.
.316. PERSONNEL.
a) Office Personnel. — ^The Director may appoint and fix
ompensation of such officers and employees of the Office as
hrector considers necessary to cany out the fimctions of the
r and the Office. Officers and employees may be paid without
to the provisions of chapter 51 and subchapter III of chapter
’ title 5, United States Code, relating to classification and
ral Schedule pay rates.
b) Comparability of Compensation With Federal Banking
CIES. — In fixing and directing compensation under subsection
he Director shall consult with, and maintain co^arability
compensation of officers and employees of the Office of the
stroller of the Currency, the Boardf of Governors of the Federal
‘ve System, the Feder^ Deposit Insurance Corporation, and
ffice of Thrift Supervision.
c) Personnel of Other Federal Agencies.— In carrying out
ties of the Office, the Director may use information, services,
and facilities of anv executive agency, independent agency,
partment on a reimoursable basis, with the consent of suw
;v or department.
d) Reimbursement of HUD.— The Director shall reimburse
department of Housing and Urban Development for reasonable
incurred by the Department that are directly related to the
itions of the Office.
b) Outside Experts and Consultants.— Notwithstanding any
ion of law limiting pay or compensation, the Director may
nt and compensate such outside experts and consultants as
Hrector determines necessary to assist the work of the Office,
f) Equal Opportunity Report. — Not later than the expiration
i 180>day period beginning upon the appointment of the Direc-
nder section 1312, the Director shall siibmit to the Committee
inking. Finance and Urban Affairs of the House of Representa-
and me Committee on Banking, Housing, and Urban Affairs
i Senate a report containing —
(1) a complete description of the equal opportunity, affirma-
ive action, and minority business enterprise utilization pro¬
prams of the Office; and
(2) such recommendations for administrative and legislative
iction as the Director determines appropriate to carry out
luch programs.
1316. FUNDING.
a) Annual Assessments.— The Director may, to the extent
ded in appropriation Acts, establish and collect from the enter-
s annual assessments in an amoimt not exceeding the amount
dent to provide for reasonable costs and expenses of the Office,
ding the expenses of any examinations under section 1317.
initial annual assessment shall include any startup costs of
12 use 4515.
12 use 4516.
16 STAT. 3948
PUBLIC LAW 102-550— OCT. 28, 1992
the Office and any anticipated costs and expenses of the Office
for the following fi8(^ year.
(b) Allocation of Annual Assessment to Enterprises.—
(1) Amount of payment. — ^Each enterprise shall pay to
the Director a proportion of the annual assessment made pursu¬
ant to subsection (a) that bears the seune ratio to the total
ftnnnfll assessment that the total assets of each enterprise
bears to the total assets of both enterprises.
(2) Timing of payment.— The annual assessment shall be
payable semiannually on September 1 and March 1 of the
year for which the assessment is made.
(3) Definition. — ^For the purpose of this section, the term
“total assets” means, with respect to an enterprise, the sum
of—
(A) on-balance-sheet assets of the enterprise, as deter¬
mined in accordance with generally accepted accounting
princmles;
(B) the unpaid principal balance of outstanding mort-
gage-badjied securities issued or guaranteed by the enter¬
prise that are not included in subparagraph (A); and
(C) other off-balance-sheet obligations as determined
by the Director.
(c) Deficiencies Due to Increased Costs of Regulation.—
The semiannual payments made pursuant to subsection (b) by
any enterprise that is not classified (for purposes of subtitle B)
as adequately capitalized may be increased, as necessary, in the
discretion of the Director to pay additional estimated costs of regula¬
tion of ihe enterprise.
(d) Surplus. — ^If any amount from an;|r annual assessment col¬
lected from an enterprise remains unobligated at the end of the
vear for which the assessment was collected, such amount shall
De credited to the assessment to be collected from the enterprise
for the following year.
(e) Initial Special Assessment.— Not later than the expiration
of the 30-day period beginning on the date of the enactment of
this Act, the enterprises shall each pay into the Federal Housing
Enterprises Oversight Fund established under subsection (f) an
initial assessment of $1,500,000 to cover the startup costs of the
Office, including space and modifications thereof, capital equipment,
supplies, recruitment, and activities of the Office during tne period
preceding the first annual assessment under subsection (a). Anv
amounts collected from an enterprise imder this subsection shall
be credited against the first annual assessment collected pursuant
to subsection (a), and are hereby appropriated, and shall oe avail¬
able and used, without fiscal year limitation, as provided in this
section.
(f) Fund. — There is established in the Treasury of the United
States a fund to be known as the Federal Housing Enterprises
Oversight Fund. Any assessments collected pursuant to this section
shall be deposited in the Fund. Amounts in the Fund shall be
available, to the extent provided in appropriation Acts and sub¬
section (e), for —
(1) carrying out the responsibilities of the Director relating
to the enterprises; and
(2) necessary administrative and nonadministrative
expenses of the Office to carry out the purposes of tliis title.
(g) Budget and Financial Reports.—
PUBLIC LAW 102-550— OCT. 28, 1992
106 STAT. 3949
(1) Financial operating plans and forecasts.— Before
the beginning of each fiscal ^rear, the Director shall submit
a copy of the financial operating plans and forecasts for the
Office to the Secretary ana the Director of the Office of Manage¬
ment and Budget.
(2) Reports of operations. — ^As soon as practicable after
the end of each fiscal year and each quarter thereof, the Direc¬
tor shall submit a copy of the report of the results of the
operations of the Office during such period to the Secretary
and the Director of the Office of Management and Budget.
(3) Inclusion in president’s budget.— The annual plans,
forecasts, and reports required under this subsection shall be
included (A) in the Budget of the United States in the appro-
eriate form, and (B) in the congressional justifications oif the
lepartment of Housing and Urban Development for each fiscal
year in a form determined by the Secretary.
1317. examinations.
(a) Annual Examination. — ^The Director shall annually conduct
on-site examination imder this section of each enterprise to
ermine the condition of the enterprise for the purpose of ensuring
financiid safety and soundness.
(b) Other Examinations. — ^In addition to annual examinations
ler subsection (a), the Director may conduct an examination
ler this section whenever the Director determines that an exam-
tion is necessary to determine the condition of an enterprise
the purpose of ensuring its financial safety and soundness,
(c) Examiners. — ^The Director shall appoint examiners to con-
;t examinations under this section. The Director may contract
h the Comptroller of the Currency, the Board of Governors
die Federal Reserve System, the Federal Deposit Insurance Cor-
ation, or the Director of the Office of Thnft Supervision for
services of examiners. The Director shall reimburse such agen-
3 for any costs of providing examiners from amounts available
die Federal Housing Enterprises Oversight Fund.
(d) Law Applicable to Examiners.— The Director and each
iminer shall have the same authorify and each examiner shall
subject to the same disclosures, prohibitions, obligations, and
laities as are applicable to examiners employ^ by the Federal
serve banks.
(e) Technical Experts. — The Director may obtain the services
my technical experts the Director considers appropriate to pro-
e temporary technical assistance relating to examinations to
I Director, officers, and employees of the Office. The Director
ill describe, in the record of each examination, the nature and
ent of any such temporary technical assistance.
(f) Oaths, Evidence, and Subpoena Powers.— In connection
h examinations under this section, the Director shall have the
;hority provided under section 1379B.
1318. PROHmrnoN of excessive compensation.
(a) In General. — ^The Director shall prohibit the enterprises
m providing compensation to any executive officer of the enter-
e that is not reasonable and comparable with compensation
enmloyment in other similar businesses (including other publicly
d fmancial institutions or msgor financial services companies)
olving similar duties and responsibilities.
12 use 4517.
Contracts.
12 use 4518.
12 use 4519.
Minorities.
Women.
12 use 4520.
12 use 4521.
(b) PROHiBmoN OF Setting Compensation. — ^In carrying out
subsection (a), the Director may not prescribe or set a specific
level or range of compensation.
SEC. 1319. AUTHOSrnr TO PROVIDE FOR REVIEW OF ENTERPRISES
BY RATING ORGANIZATION.
The Director may, on such terms and conditions as the Director
deems appropriate, contract with any entity effectively recognized
^ the Division of Market Regulation of the i^curities and Exwange
Commission as a nationally recognized statistical rating organiza¬
tion for the purposes of the capital rules for broker-dealers, to
conduct a review of the enterprises.
SEC. 1319A EQUAL OPPORTUNITY IN SOLICITATION OF CONTRACTS.
(a) In General. — ^Each enterprise shall establish a minority
outreach program to ensure the inclusion (to the maximum extent
possible) m contracts entered into by the enterprises of minorities
and women and businesses owned by minorities and women, includ¬
ing financial institutions, investment banking firms, underwriters,
accoimtants, brokers, and providers of legal services.
(b) ItePORT. — Not later than the expiration of the 180-day period
beginning on the date of the enactment of this Act, each enteimrise
shall sumnit to the Committee on Banking, Finance and Urban
Affairs of the House of Representatives and the Committee on
Banking, Housing, and Urban Affairs of the Senate a report describ¬
ing the actions t^en by the enterprise pursuant to subsection
(a),
SEC. 1319B. ANNUAL REPORTS BY DIRECTOR
(a) General Report. — The Director shall submit to the
Committee on Banking, Finance and Urban Affairs of the House
of Representatives and the Committee on Banking, Housing, and
Urban Affairs of the Senate, not later than June 15 of each year,
a written report, which shall include —
(1) a description of the actions taken, and being under¬
taken, by the Director to carry out this title;
(2) a description of the financial ssiety and soundness
of each enterprise, including the results and conclusions of
the annual examinations of the enterprises conducted under
section 1317(a); and
(3) any recommendations for legislation to enhance the
financial s^ety and soundness of the enterprises.
(b) Report on Enforcement Actions.*— Not later than March
15 of each year, the Director shall submit to the Committee on
Banking, Finance and Urban Affairs of the House of Representa¬
tives and the Committee on Banking, Housing, and Urban Affairs
of the Senate a written report describing, for the preceding calendar
year, the requests by the Director to the Attorney General for
enforcement actions under subtitle C and describing the disposition
of each request, which shall include statements of—
(1) the total number of requests made by the Director;
(2) the number of requests that resulted in the commence¬
ment of litigation by the Department of Justice;
(3) the number of reouests that ^d not result in the
commencement of litigation by the Department of Justice;
(4) with respect to requests that resulted in the commence¬
ment of litigation —
PUBLIC LAW 102-550— OCT. 28, 1992
106 STAT. 3951
(A) the number of days between the date of the request
and the commencement or the litigation; and
(B) the number of days Mtween the date of the
commencement and termination of the litigation; and
(5) the number of litigation requests pen^g at the begin¬
ning of the calendar year, the number of requests made during
the calendar year, the number of requests for which action
was completed during the calendar year, and the number of
requests pending at the end of the calendar year.
1S19C. PUBUC DISCLOSURE OF FINAL ORDERS AND AGREE¬
MENTS.
(a) In General. — ^The Director shall make available to the
io—
(1) any written agreement or other written statement for
hich a violation may be redressed hy the Director or any
modification to or termination thereof unless the Director,
in the Director’s discretion, determines that public disclosure
would be contrary to the public interest or determines under
subsection (c) that public disclosure would seriously threaten
the financial health or security of the enterprise;
(2) euiy order that is issued with respect to any administra-
ive enforcement proceeding initiated by the Director under
subtitle C and that has become final; euid
(3) any modification to or termination of any final order
made public pursuant to this subsection.
(b) Hearings. — ^All hearings on the record with respect to any
m of the Director or notice of charts issued by the Director
[ be open to the public, unless the Director, in the Director's
'etion, determines that nolding an open hearing would be con-
r to the public interest.
(c) Delay of Public Disclosure Under Exceptional Cir-
stances.— If the Director makes a determination in writing
the public disclosure of any final order pursuant to subsection
vould seriously threaten the fineuicial health or security of
enterprise, the Director may delay the public disclosure of
order for a reasonable time.
(d) Documents Filed Under Seal in Public Enforcement
RINGS. — ^The Director may file any document or part thereof
ir seal in any hearing under subtitle C if the Director deter-
is in writing that disclosure thereof would be contrary to the
ic interest.
(e) Retention of Documents.— The Director shall keep and
itain a record, for not less than 6 years, of all documents
ribed in subsection (a) and all enforcement agreements and
r supervisory actions and supporting documents issued with
ect to or in connection with a^ enforcement proceeding initi-
by the Director under subtitle C.
(f) Disclosures to Congress.— This section may not be con¬
ed to authorize the withholding of any information from, or
rohibit the disclosure of any ii^ormation to, the Congress or
committee or subcommittee thereof.
1319D. LIMITATION ON SUBSEQUENT EMPLOYMENT.
Neither the Director nor any former officer or employee of
Office who, while employed by tiie Office, was compensated
I rate in excess of the lowest rate for a position classified
er than GS-15 of the General Schedule under section 5107
12 use 4522.
Records.
12 use 4523.
106 STAT. 3952
12 use 4524.
12 use 4525.
12 use 4526.
12 use 4541.
PUBLIC LAW 102-550— OCT. 28, 1992
of title 5, United States Code, may accept compensation from an
enterarise during the 2-year period beginning on the date of separa¬
tion from employment by the Office.
SEC. 1S19E. AUDITS BY GAO.
The Comptroller General shall audit the operations of the Office
in accordance genercdly accepted Government auditing stand¬
ards. All books, records, accounts, reports, files, and pro^rty
beloi^ng to, or used by, the Office shall be made available to
the Comptroller General. Audits under this section shall be con¬
ducted annually for the first 2 fiscal jrears following the date of
the enactment of this Act and as appropriate thereafter.
SEC. 1S19F. INFORMATION, RECORDS, AND MEETINGS.
For purposes of subchapter II of chapter 5 of title 5, United
States C^e —
(1) the Office, and
(2) the Department of Housing and Urbem Development,
with resjpect to activities imder this title,
shall be considered agencies responsible for the regulation or super¬
vision of financial institutions.
SEC. 1319G. REGULATIONS AND ORDERS.
(a) Authority. — The Director shall issue emy regulations and
orders necessary to carry out the duties of the Director and to
car]ty out this title before the expiration of the 18-month period
beginning on the appointment of the Director under section 1312.
Such relations and orders shall be subject to the approval of
the Secretary only to the extent provided in subsections (b) and
(c) of section 1313.
(b) Notice and Comment. — ^Any relations issued by the
Director imder this section shall be issued after notice and oppnr-
tunity for public comment pursuant to the provisions of section
553 of title 5, United States Code.
(c) Congressional Review.— The Director may not publish
any regulation for comment under subsection (b) unless, not less
than 15 days before it is published for comment, the Director
has submitted a copy of the regulation, in the form it is intended
to be proposed, to the Committ^ on Banking, Finance and Urban
Affairs of the House of Representatives and the Committee on
BEinking, Housing, and Urban Affairs of the Senate.
PART 2— AUTHORITY OF SECRETARY
Subpart A — General Authority
SEC. 1321. REGULATORY AUTHORITY.
Exce]^ for the authority of the Director of the Office of Federal
Housing Enterprise Oversight described in section 1313(b) and all
other matters relating to 5ie safety emd soundness of tlie enter-
E rises, the Secretary of Housing and Urban Development shall
ave general regulatory power over each enterprise ana shall make
such rules and regulations as shall be necessa^ and proper to
ensure that this part and the purposes of the Federal National
Mortgage Association Charter Act and the Federal Home Loan
Mortgage Corporation Act are accomplished.
PUBLIC LAW 102-550— OCT. 28, 1992
106 STAT. 3953
22. PRIOR APPROVAL AUTHORITY FOR NEW PROGRAMS.
Authority. — ^The Secretary shall require each enterprise
dn the approval of the Secretary for any new program of
erprise before implementing the program.
Standard for Approval.—
(1) Permanent standard.— Except as provided in para-
iph (2), the Secretary shall approve any new program of
enterprise for purposes of subsection (a) unless —
(A) for a new urogram of the Federal National Mort¬
gage Association, tne Secretary determines that the pro¬
-am is not autnorized under paraCTaph (2), (3), (4), or
(5) of section 302G>) of the Federm National Mortgage
Association Charter Act, or under section 304 of such Act;
(B) for a new program of the Federal Home Loan
Mortgage Corporation, the Secretary determines that the
pro^am is not authorized under section 305(a) (1), (4),
or (5) of the Federal Home Loan Mortgage Corporation
Act; or
(C) the Secret^ determines that the new program
is not in the public interest.
(2) Transition standard. — ^Before the date occurring 12
nths after the date of the effectiveness of the relations
der section 1361(e) establishing the risk-based capitfd test,
i Secretary shall approve any new program of an enterprise
purposes of subsection (a) unless —
(A) The Secretary makes a determination as described
in paragraph (1) (A), (B), or (C); or
(B) the Director determines that the new program
would risk significant deterioration of the financi^ condi¬
tion of the enterprise.
Procedure for Approval. —
(1) Submission of request.— To obtain the approval of
s Secretary for purposes of subsection (a), an enterprise shall
)mit to the Secretary a written request for approval of the
V pro^am that describes the program.
(2) Response. — ^The Secretary shall, not later than the
)iration of the 45-day period beginning upon the submission
a request for approval, approve the request or submit to
! Committee on Banking, Finance and Urban Affairs of the
use of Representatives and the Committee on Banking, Hous-
[, and Uruan Affairs of the Senate a report explaining the
Lsons for not approving the reouest. The Secret*^ may
end such period for a single additional 15-day period only
the Secretary requests additional information from the
;erprise.
(3) Failure to respond. — If the Secretary fails to approve
) request or fails to submit a report under paragraph (2)
ring the period under such paragraph, the request shall
considered to have been approved.
(4) Review of disapproval.—
(A) Unauthorized new programs.— If the Secretary
submits a report under paragraph (2) of this subsection
disapproving a request for approval on the grounds under
subparagraph (A) or (B) of subsection (bXD, the Secret^
shall provide the enterprise submitting the request with
a timely opportunity to review and supplement the
administrative record.
12 use 4642.
106 STAT. 3954
PUBLIC LAW 102-550— OCT. 28, 1992
12 use 4543.
12 use 4544.
(B) New programs not in pubuo interest.— If the
Secretary submits a report under paragraph (2) of this
subsection disapproving a request for approval on the
groimds under subsection (bXlXC) or (bx2XB), the Sec¬
ret^ shall provide the enterprise submitting the request
notice of, and opportunitv for, a hearing on the record
regarding such disapproval.
SEC. 1323. PUBUC ACCESS TO MORTGAGE INFORMATION.
(a) In General. — ^The Secretary shall make available to the
public, in forms useful to the public (including forms accessible
by computers), the data submitted by the enterprises in the reports
required under section 309(m) of the Federal National Mortgage
Association Charter Act or section 307(e) of the Federal Home
Loan Mortgage Corporation Act.
(b) Access.—
(1) Proprietary data — ^Except as provided in paragraph
(2), the Secretary may not make available to the public data
that the Secretary determines pursuant to section 1326 are
proprietary information.
(2) Exception. — ^The Secretary shall not restrict access
to the data provided in accordance with section 309(mXlXA)
of the Federal National Mortgage Association Charter Act or
section 307(eXlXA) of the Federal Home Loan Mortgage Cor¬
poration Act.
(c) Fees. — ^The Secretary may charge reasonable fees to cover
the cost of making data available under this section to the public.
SEC. 1324. ANNUAL HOUSING REPORT.
(a) In General. — After reviewing and analyzing the reports
submitted under section 309(n) of the Federal National Mortgage
Association Charter Act and section 307(f) of the Federal Home
Loan Mortoage Corporation Act, the Secretary shall submit a report,
as part oi the annu^ report under section 1328(a) of this title,
on the extent to wluch each enterprise is achieving the annual
housing goals established under suopart B of this part and the
purposes of the enterprise established by law.
(b) Contents.— The report shall—
(1) aggregate and analyze census tract data to assess the
compliance of each enterprise with the central cities, rural
areas, and other undersenred areas housing goal and to deter¬
mine levels of business in central cities, rural areas, under¬
served areas, low- emd moderate-income census tracts, minority
census tracts, and other geographical areas deemed appropriate
by the Secretary;
(2) aggregate and analyze data on income to assess the
(X)mpliance of each enteiprise with the low- and moderate-
income and special affordable housing goals;
(3) aggregate and analyze data on income, race, and gender
by ce^us tract £md compare such data with larger demo¬
graphic, housing, and economic trends;
(4) examine actions that each enterprise has undertaken
or coiftd undertake to promote and expand, jbe. Annual goals
established under sections 1332, 1333, and 1334, and the pur¬
poses of the enterprise established by law;
(5) examine the primary and secondary multifamily housing
mortgage markets eind describe —
(A) the availability and liquidity of mortgage credit;
PUBLIC LAW 102-550— OCT. 28, 1992
106 STAT. 3955
(B) the status of efforts to provide standard credit
terms and underwriting guidelines for multifamily housing
and to securitize such mortgage products; and
(C) any factors inhibiting such standardization and
securitization;
(6) examine actions each enterprise has undertaken and
could undertake to promote and expand opportunities for first¬
time homebuyers; and
(7) describe any actions taken under section 1325(5) with
respect to originators found to violate fair lending procedures.
. 1325. FAIR HOUSING.
The Secretary shall —
(1) by regulation, prohibit each enterprise from discriminat¬
ing in any manner in the purchase of any mortgage because
of race, color, religion, sex, handicap, familial stotus, age, or
national ori^, including any consideration of the age or loca¬
tion of the dwelling or me age of the neighborhood or census
tract where the dwelling is located in a manner that has
a discriminatory effect;
(2) by regulation, reqmre each enterprise to submit data
to the Secretary to assist tne Secretary in investigating whether
a mortgage lender with which the enterprise does business
has failed to comply with the Fair Housing Act;
(3) by regulation, require each enterprise to submit data
to the Secrets^ to assist in investigating whether a mortgage
lender with which the enterprise does business has failed to
comply with the Equal Credit Opportunity Act, and shall submit
any such information received to the ^propriate Federal agen¬
cies, as provided in section 704 of the Equal Credit Opportunity
Act, for appropriate action;
(4) oDtain information from other regulate^ and enforce¬
ment agencies of the Federal Government and State and local
governments regarding violations by lenders of the Fair Hous¬
ing Act and the Equm Credit Opportunity Act and make such
imormation available to the enterprises;
(5) direct the enterprises to undertake various remedial
actions, including suspension, probation, reprimand, or settle¬
ment, against lenders that have been found to have engaged
in ^scriminatory lending practices in violation of the Fair
Housing Act or the Equal Credit Opportunity Act, pursuant
to a final adjudication on the record, and after opportunity
for an admimstrative hearing, in accordance with subchapter
II of chapter 5 of title 5, United States Code; and
(6) periodicallv review and comment on the underwriting
and appraisal guidelines of each enterprise to ensure that such
guideUnes are consistent with the Fair Housing Act and this
section.
!. 1325. PROHmmON OF PUBUC DISCLOSURE OF PROPRIETARY
INFORMATION.
(a) In General. — ^The Secretary may, by regulation or order,
vide that certain information shall be treats as proprietary
»rmation and not subject to disclosure under section 1323 of
i title, section 309(nX3) of the Federal National Mortgage
ociation Charter Act, or section 307(fX3) of the Federal Home
in Mortgage Corporation Act.
12 use 4546.
Regulations.
12 use 4646.
106 STAT. 3956
PUBLIC LAW 102-550— OCT. 28, 1992
12 use 4648.
12 use 4548.
12 use 4561.
Regulations.
12 use 4562.
(b) Protection of Information on Housing AcnvmES. —
The l^retary shall not provide public access to, or disclose to
the public, any information required to be submitted by an enter-
prise under section 309(n) of the Federal National Mortoage
Association Charter Act or section 307(f) of the Federal Home
Loan Mortgage Corporation Act that the Secretary determines is
proprietary.
(c) Nondisclosure Pending Consideration.— This section
may not be construed to authorize the disclosure of information
to, or examinaUon of data by, the public or a representative^ of
any person or agency pending the issuance of a final decision
under this section.
SEC. 1327. AUTHORITY TO REQUIRE REPORTS BY ENTERPRISES.
The Secretary shall require each enterprise to submit reports
on its activities to the Secretary as the Secretary considers
appropriate.
SEC. 1328. REPORTS BY SECRETARY.
(a) Annual Report. — ^The Secretary shall, not later than June
30 of each year, submit a report to the Committee on Banking,
Finance ana Urban Affairs of the House of Representatives and
the Committee on Banking, Housing, and Urban Affairs of the
Senate on the activities of each enterprise.
(b) Views on Budget and Financial Plans of Enterprises. —
On an aimual basis, the Secretary shall provide the Committees
referred to in subsection (a) with comments on the plans, forecasts,
and reports required under section 1316(g).
Subpart B — ^Housing Goals
SEC. 1331. ESTABUSHMENT.
(a) In General. — ^The Secretery shall establish, by regulation,
housing goals under this subpart for each enterprise. The housing
goals snml include a low- and moderate-income housing goal pursu¬
ant to section 1332, a special affordable housing goal pursuant
to section 1333, and a central cities, rural areas, and other under¬
served areas housing goal pursuant to section 1334. The Secretary
shall implement this subpart in a manner consistent with section
301(3) of the Federal National Mortgage Association Charter Act
and section 301(bX3) of the Federal Home Loan Mortgage Corpora¬
tion Act.
(b) Consideration of Units in Multifamily Housing. — ^In
establishii^ any goal under this subpart, the Secretary may take
into consi^ration the number of housing units financed by any
moiigage on multifamily housing purchased by an enterprise.
(c) Adjust^nt of Housing CIoals. — ^Except as ouierwise pro¬
vided in this title, firom year to year the Secretary may, by regula¬
tion, adijust any housing goal established under this subpart.
SEC. 1332. LOW- AND MODERATE-INCOME HOUSING GOAL.
(a) In General. — ^The Secretapr shall establish an annual goal
for the purchase by each enteiprise of mortgages on housing for
low- and moderate-income fammes. The Seemtery may establish
separate specific subgoals within the goal under this section and
such subgoals shall not be enforceable under the provisions of
section 1336, any other provision of this title, or any provision
PUBLIC LAW 102-550— OCT. 28, 1992
106 STAT. 3957
e Federal National Mortgage Association Charter Act or the
ral Home Loan Mortgage Corporation Act.
b) Factors To Be Applied. — ^In establishing the goal under
tection, the Secretary shall consider —
(1) national housing needs;
(2) economic, housing, and demographic conditions;
(3) the performance and effort of the enterprises toward
achieving the low- and moderate-income housing goal in pre¬
vious years;
(4) the size of the conventional mortgage market serving
w- and moderate-income families relative to the size of the
werall conventional mortgage market;
(5) the ability of the enterprises to lead the industry in
naking mortgage credit available for low- and moderate-income
amilies; and
(6) the need to maintain the sound financial condition
»f the enterorises.
) Use of Borrower and Tenant Income.—
(1) In general. — ^The Secretery shall monitor the perform-
ince of each enterprise in carrying out this section and shall
waluate such performance (for purposes of section 1336) based
►n —
(A) in the case of an owner-occupied dwelling, the
mortgagor’s income at the time of origination of the mort¬
gage; or
(B) in the case of a rental dwelling —
(i) the income of the prospective or actual tenants
of the property, where such data are available; or
(ii) the rent levels affordable to low- and moderate-
income families, where the data referred to in clause
(i) are not available.
(2) Affordability. — ^For the purpose of paragraph
IXBXii), a rent level shall be considered affordable if it does
lot exceed 30 percent of the maximum income level of the
ncome categories referred to in this section, with appropriate
idijustments for unit size as measured by the number of
ledrooms.
d) Transition.—
(1) Interim target. — ^Notwithstanding any other provision
»f this section, during the 2-year period loginning on January
L, 1993, the annual target under this section for low- and
noderate-income mortgage purchases for each enterprise shall
>e 30 percent of the tot^ number of dwelling units financed
>y mortgage purchases of the enterprise.
(2) Il^RlM GOAL. — ^During such 2-year period, the Sec-
‘etary shall establish a separate annual goal for each enter-
irise, the achievement of which shall require —
(A) an enterprise that is not meeting the target imder
paragraph (1) uj^n January 1, 1993, to improve its
performance relative to such target annually eind, to the
maximum extent feasible, to meet such target at the conclu¬
sion of such 2-year period; and
(B) an enterprise that is meeting the target under
paragraph (1) upon January 1, 1993, to improve its
performance relative to the target.
(3) Implementation. — ^The Secretary shall establish any
requirements necessary to implement the transition provisions
106 STAT. 3958
PUBLIC LAW 102-550— OCT. 28, 1992
12 use 4563.
under this subsection by notice, after providing the enterprises
with an oj^rtunity to review and comment not less than
30 days before the issuance of such notice. Such notice shall
be issued not later than the expiration of the 90>day period
beginning upon the date of the enactment of this Act and
shall be effective upon issuance.
SEC. 1338. SPECIAL AFFORDABLE HOUSING GOAL.
(a) Estabushment.—
(1) In general. — ^The Secretary shall establish a special
annual goal designed to adijust the purchase by each enterprise
of mortgages on rental and owner-occupied nousing to meet
the then-existing unaddressed needs of, and affordable to, low-
income families in low-income areas and very low-income fami¬
lies. The special affordable housing goal established under this
section for an enterarise shall not oe less than 1 percent of
the dollar amount of the mortgage purchases by the enterprise
for the previous year.
(2) Standards. — ^In establishing the special affordable
housing goal for an enterprise, the Secretai^ shall consider —
(A) data submitted to the Secretary in connection with
the special affordable housing goal for previous years;
(B) the performance and efforto of the enterprise
toward achieving the special affordable housing goal in
previous years;
(C) national housing needs within the categories set
forth in this section;
(D) the ability of the enterprise to lead the industry
in making mortgage credit available for low-income and
very low-income families; emd
(E) the need to maintain the sound financial condition
of the enterprise.
(b) Full Credit Activities.—
(1) In general. — ^The Secretary shall give full credit toward
achievement of the special affordable housing goal under this
section (for purposes of section 1336) to the foUowing activities:
(A) Federally related mortgages.— The purchase
or securitization of federally insured or guaranteed mort¬
gages, if—
(i) such mortgages cannot be readily securitized
through the Government National Mortgage Associa¬
tion or any other Federal agency;
(ii) participation of we enterprise substantially
enhances the affordability of the nousing subject to
such mortgages; and
(iii) the mortgages involved are on housing that
otherwise qualifies under such goal to be considered
for purposes of such goal.
(B) Portfolios. — ^The purchase or refinancing of exist¬
ing, seasoned portfolios of loans, if—
(i) the seller is engaged in a spe^c program to
use the proceeds of such sales to originate additional
loans that meet such goal; and
(ii) such purchases or refinancings support addi¬
tional lending for housing that otherwise qualifies
under such goal to be considered for purposes of such
goal.
PUBLIC LAW 102-550— OCT. 28, 1992
106 STAT. 3959
(C) RTC AND FDic LOANS. — ^The purchase of direct loans
made by the Resolution Trust Corporation or the Federal
Deposit Insurance Corporation, if such loans —
(i) are not guaranteed by such agencies themselves
or other Federal agencies;
(ii) are made with recourse provisions similar to
those offered through private mortgage insurance or
other conventional sellers; and
(iii) are made for the purchase of housing that
otherwise qualifies under such goal to be considered
for purposes of such goal.
(2) Exclusion. — ^No cre£t toward the achievement of the
special affordable housing goed may be given to the purchase
or securitization of mortgages associated with the rel^ancing
of the existing enterprise portfolios.
(c) Use of Borrower and Tenant Income. —
(1) In general. — ^The Secretmy shall monitor the perform¬
ance of each enterprise in carrying out this section and shall
evaluate such performance (for purposes of section 1336) based
on —
(A) in the case of an owner-occupied dwelling, the
mortgagor’s income at the time of origination of the mort¬
gage; or
(B) in the case of a rental dwelling —
(i) the income of the pro8pe<^ve or actual tenants
of the property, where such data are available; or
(ii) the rent levels affordable to low-income and
very low-income families, where the data referred to
in clause (i) are not available.
(2) Affordability. — For the purpose of paragraph
(IXBXii), a rent level shall be considered affordable if it does
not exceed 30 percent of the maximum income level of the
income categories referred to in this section, with appropriate
adjustments for unit size as measured by the numMr of
bedrooms.
(d) Transition.—
(1) FNMA MORTGAGE PURCHASES.— Notwithstanding any
other provision of this section, during the 2-year period begin¬
ning on January 1, 1993, the specif affordable housing goal
for the Federal National Mortgage Association shall include
mortgage purchases of not less $2,090,000,000 (for such
2-year period), with one-half of such purchases consisting of
mortgages on single family housing and one-half consisting
of mortgages on multifamily housing.
(2) FHLMC MORTGAGE PURCHASES.— Notwithstanding any
other provision of this section, during the 2-year period begin¬
ning on January 1, 1993, the specif affordable housing goal
for the Federal Home Loan Mortgage Corporation shall include
mortgage purchases of not less than $1,500,000,000 (for such
2-year period), with one-half of such purchases consisting of
mortgages on single family housing and one-half consisting
of mortgages on mmtifamily housing.
(3) Income characteristics for mortgage purchases. —
(A) Multifamily mortgages.— The special affordable
housing goals established under paragraphs (1) and (2)
shall provide that, of mortgages on multifamily housing
6 STAT. 3960
PUBLIC LAW 102-550— OCT. 28, 1992
2 use 4664.
that are purchased and contribute to the achievement of
such goals —
(i) 45 percent shall be mortgages on multifamily
housi^ affordable to low-income families; and
(ii) 55 percent shall be mortgages on multifamily
housing in which —
(I) at least 20 percent of the units are afford¬
able to families whose incomes do not exceed 50
percent of the median income for the area; or
(II) at least 40 percent of the units are afford¬
able to very low-income families.
(B) Single family mortgages.— The special affordable
housing goals established under paragraphs (1) and (2)
shall provide that, of mortgages on single family housing
that are purchased and contribute to ti^e achievement of
such goals —
(i) 45 percent shall be mortgages of low-income
families who live in census tracts in which the median
income does not exceed 80 percent of the area median
income; and
(ii) 55 percent shall be mortgages of very low-
income families.
(C) Compliance with special affordable housing
GOALS. — Only the portion of mortgages on multifamily
housing purchased by an enterprise that are attributable
to units affordable to low-income families shall contribute
to the achievement of the special affordable housing goals
under subparagraph (AXii).
(4) Implementation. — ^The Secretary shall establish any
requirements necessary to implement the transition provisions
under this subsection by notice, after providing the enterprises
with an opportunity to review and comment not less than
30 days before the issuance of such notice. Such notice shall
be issued not later than the expiration of the 90-day period
beginning upon the date of the enactment of this Act and
shall be effective upon issuance.
SEC. 1334. central CITIES, RURAL AREAS, AND OTHER UNDER¬
SERVED AREAS HOUSING GOAL.
(a) In General. — ^The Secretary shall establish an annual goal
for the purchase by each enterprise of mortgages on housing located
in central cities, rural areas, and other underserved areas. The
S^retary may establish separate subgoals within the goal under
this s^tion and such subgoals shall not be enforceable under the
provisiocM of section 1336, any other provision of this title, or
any provision of the Federal National Mortgage Association Charter
Act or the Federal Home Loan.Mortgage Corporation Act.
(b) Factors To Be Applied. — In establishing the housing goal
under tiiis section, the Secretary shall consider —
(1) urban and rural housing needs and the housing needs
of underserved areas;
(2) economic, housing, and demographic conditions;
(3) the performance and efforts of the enterprises toward
achieving the centr^ cities, rural areas, and other underserved
areas housing goal in previous years;
PUBLIC LAW 102-550— OCT. 28, 1992
106 STAT. 3961
(4) the size of the conventioiial mortgage market for central
cities, rural areas, and other underservM areas relative to
the size of the overall conventional mortgage market;
(5) the ability of the enterprises to lead the industry in
making mortgage credit available throughout the United States,
including central cities, rural areas, and other underserved
areas; and
(6) the need to maintain the sound financial condition
of the enterprises.
(c) Location of Properties. — ^The Secretary shall monitor the
brmance of each enterprise in carrying out this section and
evcduate such performance (for purposes of section 1336) based
he location of the properties subject to mortgages purchased
ach enterprise.
(d) Transition.—
(1) Interim target. — ^Notwithstanding any other provision
of this section, during the 2-year period beginning on January
1, 1993, the annual target under this section for purchases
by each enterprise of mortgages on housing located m central
cities shall be 30 percent of the total number of dwelling units
financed by mortgage purchases of the enterprise.
(2) Interim goal. — ^During such 2-vear period, the Sec-
retai^ shall establish a separate annual goal for each enter¬
prise, the achievement of which shall require —
(A) an enterprise that is not meeting the target under
paragraph (1) upon January 1, 1993, to improve its
performance relative to such target annually and, to the
maximum extent feasible, to meet such target at the conclu¬
sion of such 2-year period; and
(B) an enterprise that is meeting the target under
paragraph (1) upon January 1, 1993, to improve its
performance relative to the tai^et.
(3) Definition of central city.— For purposes of this
subscMction, the term "central city^ means any political subdivi¬
sion designated as a central city by the Office of Management
and Budget.
(4) Implementation. — ^The Secretary shall establish any
requirements necessaiy to implement the transition provisions
under this subsection by notice, after providing the enterprises
with an oj^rtunity to review and comment not less than
30 days before the issuance of such notice. Such notice shall
be issued not later than the expiration of the 90-day period
beginning upon tlie date of the enactment of this Act and
shall be effective upon issuance.
1335. OTHER REQUIREMENTS.
To meet the low- and moderate-income housing goal under
ion 1332, the special affordable housing goal under section
1, and the central cities, rural areas, and other underserved
IS housing goal under section 1334, each enterprise shall —
(1) design programs and product that facilitate the use
of assistance provided by the Federal (jk)vemment and State
and local governments;
(2) develop relationships with nonprofit and for-profit
organizations that develop and finance housing and with State
and local governments, including housing finance agencies;
(3) ta]^ affirmative steps to^
12 use 4666.
106 STAT. 3962
PUBLIC LAW 102-550— OCT. 28, 1992
12 use '4566.
(A) assist primary lenders to make housing credit avail¬
able in areas with concentrations of low-income and minor¬
ity families, and
(B) assist insured depository institutions to meet their
obligations under the Community Reinvestment Act of
1977,
which shall include developing appropriate and prudent under¬
writing standards, business practices, repurchase requirements,
pricing, fees, and procedures; and
(4) develop the institutional capacity to help finance low-
and moderate-income housing, including housing for first-time
homebuyers.
SEC. 133(1. MONITORING AND ENFORCING COMPLIANCE WITH HOUS¬
ING GOALS.
(a) In General.—
(1) AuTHORiry. — The Secretary shall monitor and enforce
compliance with the housing goals established under sections
1332, 1333, and 1334, as provided in this section.
(2) Guidelines. — ^The Secretary shall establish guidelines
to measure the extent of compliance with the housing goals,
which may assign full credit, partial credit, or no credit toward
achievement of the housing goals to different categories of
mortgage purchase activities of the enterprises, based on such
criteria as the Secretary deems appropriate.
(3) Extent of compliance. — ^In determining compliance
with the housing goals established under this subpart, the
Secretary —
(A) shall consider any single mortgage purchased by
an enterprise as contributing to the achievement of each
housing goal for which such mortgage purchase qualifies;
and
(B) may take into consideration the number of housing
units financed by any mortgage on housing purchased by
an enterprise.
(b) Notice and Determination of Failure To Meet Goals. —
(1) Notice. — If the Secretary determines that an enterprise
has failed, or that there is a substantial probability that an
enterprise will fail, to meet any housing gom established under
section 1332, 1333, or 1334, the Secretary shall provide written
notice to the enterprise of such a determination, the reasons
for such determination, the requirement to submit a housing
plan under subsection (c) of this section, and the information
on which the Secretary based the determination or imposed
such requirement.
(2) Response period. —
(A) In general. — During the 30-day period beginning
on the date that an enterprise is provided notice under
paragraph (1), the enterprise may submit to the Secretary
any written information that the enterprise considers
appropriate for consideration by the Secretary in determin¬
ing whether such failure has occurred or whether the
achievement of such goal was or is feasible.
(B) Extended period. — ^The Secretary may extend the
period under subparagraph (A) for good cause for not more
than 30 additions days.
PUBLIC LAW 102-550— OCT. 28, 1992
106 STAT. 3963
(C) Shortened period. — ^The Secretary may shorten
the period imder subparagraph (A) for good cause.
(D) Failure to respond. — ^The failure of an enterprise
to provide information during the 30-day TOriod under this
paragraph (as extended or shortened) shall waive an;yr ri^ht
of the enterprise to comment on the proposed detenmnation
or action of the Secretary.
(3) Consideration of information and determination. —
(A) In general. — After the expiration of the response
period under paragraph (2) or upon receipt of information
provided during such period by the enterprise, whichever
occurs earlier, the Secretary shall determine (i) whether
the enterprise has failed, or there is a substantial prob¬
ability that the enterprise will fail, to meet the housing
goal, and (ii) whether (taking into consideration market
and economic conditions and the financial condition of the
enterprise) the achievement of the housing goal was or
is feasible.
(B) Considerations. — ^In making such determinations,
the Secretary shall take into consideration any relevant
information submitted by the enterprise during the
response period.
(C) Notice. — The Secretary shall provide written
notice to the enterprise, the Committee on Banking,
Finance and Urban Affairs of the House of Representatives,
and the Committee on Banking, Housing, and Urban
Affairs of the Senate, of —
(i) each determination that an enterprise has
failed, or that there is a substantisd probability that
the enterprise will fail, to meet a housing goal;
(ii) each determination that the achievement of
a housing goal was or is feasible; and
(iii) &e reasons for each such determination.
Such notice shall respond to any information submitted
during the response period.
c) Housing Plans.—
(1) Requirement. — If the Secretary finds pursuant to sub¬
jection (b), that an enterprise has failed, or that there is a
jubstantial probability that an enterprise will fail, to meet
my housing goal established under section 1332, 1333, or 1334,
md that the achievement of the housing goal was or is feasible,
he Secretary shall require the enterprise to submit a housing
slan imder tins subsection for approval by the Secretary.
(2) Contents. — Each housing plan shall be a feasible plan
lescribing the specific actions the enterprise will take —
(A) to achieve the goal for the next calendar year;
or
(B) if the Secretary determines that there is a substan¬
tial probability that the enterprise will fail to meet a goal
in the current year, to make such improvements as are
reasonable in the remainder of such year.
rhe plan shall be sufficiently specific to enable the Secretary
JO monitor compliance periodically.
(3) Deadline for submission.— The Secretary shall, by
relation, establish a deadline for an enterprise to submit
1 housing plan to the Secretary, which may not be more than
15 days after the enterprise is provided notice under subsection
Regulations.
106 STAT. 3964
PUBLIC LAW 102-550— OCT. 28, 1992
12 use 4567.
12 use 4562
note.
12 use 4581.
0t>X3) that a housing plan is required. The regulations shall
provide that the Seb*etaiy may extend the deadline to &e
extent that the Secretary determines necessary. Any extension
of the deadline shall l>e in writing and for a time certe^.
(4) Approval. — ^The Secretary shall review each housing
plan submitted under this subsection and, not later than 30
days after submission of the plan, approve or disapprove the
plan. The Secretary may extend the period for approval or
disapproval for a single additional 30-day period if the Secretary
determines it necessary. The Secretary shall approve any plan
that the Secretaiv determines is likely to succeed, and conforms
with the Federal National Mortgage Association Charter Act
or the Federal Home Loan Mortage Corporation Act (as
applicable), this title, and any other applicable laws and regula¬
tions.
(5) Notice of approval and disapproval.— The Sectary
shall provide written notice to any enterprise submitting a
housing plan of the approval or disapproval of the plan (which
shall include the reasons for any disapproval of the plan) and
of any extension of the period for approval or disapproval.
(6) Resubmission. — ^If the initial housing plan suomitted
by an enterprise is disapproved, the enterprise shall submit
an amended plan acceptable to the Secretary within 30 davs
or such longer period that the Secretary determines is in the
public interest.
SEC. 1337. REPORTS DURING TRANSITION.
Each ente^rise shall submit to the Secretary, the Committee
on Banking, Finance and Urban Affairs of the House of Representa¬
tives, and the Committee on Banking, Housing, and Urban Affairs
of the Senate, a report for each transitioned housing goal for the
enterprise under section 1332(d), 1333(d), or 1334(d), describing
the actions the enterprise plans to take to meet such goal. Each
such report shall be submitted writhin 45 days after the establish¬
ment of the goal for which the report is submitted.
SEC. 1336. EFFECTIVE DATE OF TRANSITION GOALS.
The housing goals established under sections 1332(d), 1333(d),
and 1334(d) shall not become effective until January 1, 1993.
Subpart C — ^Enforcement of Housing Goals
SEC. 1341. CEASE-AND-DESIST PROCEEDINGS.
(a) Grounds for Issuance. — ^The Secretary may issue and
^i^e a notice of charges under this section upon an enterprise
if, in the determination of the Secretary —
(1) the enterprise has failed to submit a housing plan
that substantially complies with section 1336(c) within the
applicable period;
(2) the enterprise is engaging or has engaged, or the Sec¬
retary has reasonable cause to believe that the enteiprise is
about to engage, in an^ failure to make a good faitn effort
to comply with a housing plan for the enterprise submitted
and approved under section 1336(c); or
(3) the enterprise has fail^ to submit the information
required under subsection (m) or (n) of section 309 of the
Federal National Mortgage Association Charter Act, subsection
VC/ ui v^/ acckiuii oui ui i/iic reucitu xiuuie uuaii xviuikguge
Coloration Act, or section 1337 of this title.
(b) f^OCEDURE.—
(1) Notice of charges. — Each notice of charges shall con¬
tain a statement of the facts constituting the alleged conduct
and shall fix a time and place at which a hearing will be
held to determine on the record whether an order to cease
and desist from such conduct should issue.
(2) Issuance of order. — If the Secretary finds on the
record made at such hearing that any conduct specified in
the notice of charges has been established (or the enterprise
consents pursuant to section 1342(aX4)), the Secretary may
issue and serve upon the enterprise an order requiring the
enterprise to (A) submit a housing plan in compliance with
section 1336(c), (B) comply with the housing plan, or (C) provide
the information reqmred under subsection (m) or (n) of section
309 of the Federal National Mortgage Association Charter Act,
subsection (e) or (^ of section 307 of the Federal Home Loan
Mortgage Corporation Act, or section 1337 of this title.
(c) Effective Date. — ^An order under this section shall become
active upon the expiration of the 30-day period beginning on
service of the order upon the enterprise (except in the case
an order issued upon consent, which shall become effective at
time specified therein), and shall remain effective and enforce-
as provided in the order, except to the extent that the order
jtayea, modified, terminated, or set aside by action of the Sec¬
ary or otherwise, as provided in this subpart.
(d) Transition Period Limitation.— The Secretary may not
X)se any cease-and-desist order under this section for any failure
enterprise, during the 2-year period beginning on the January
1993, to comply with an approved housing plan, unless the
;retary determines that the enterprise has mtentionally failed
make a good faith effort to comply with the approved plan.
1342. hearings.
(a) Requirements.—
(1) Venue and record.— Any hearing under section 1341
or 1345 shall be held on the record and in the District of
Columbia.
(2) Timing. — ^Any such hearing shall be fixed for a date
not earlier than 30 days nor later than 60 days after service
of the notice of charges imder section 1341(bXl) or determina¬
tion to impose a penalty under section 1345(cXl), unless an
earlier or a later date is set by the hearing officer at the
request of the enterprise served.
(3) Procedure. — ^Any such hearing shall be conducted in
accordance with chapter 5 of title 5, United States Code.
(4) Failure to appear. — ^If the enterprise served fails to
appear at the hearing through a duly authorized representative,
such enterprise shall be deemed to have consented to the issu¬
ance of the cease-and-desist order or the imposition of the
penalty for which the hearing is held.
(b) Issuance of Order.—
(1) In general. — ^Afler any such hearing, and within 90
days after the enterprise has been notified that the case has
been submitted to the Secretary for final decision, the Secretary
shall render the decision (which shall include findings of fact
12 use 4582.
106 STAT. 3966
PUBLIC LAW 102-550— OCT. 28, 1992
12 use 4583.
12 use 4584.
12 use 4585.
upon which the decision is predicated) and shall issue and
serve upon the enterprise an order or orders consistent with
the provisions of this subpart.
(2) MODlFieATlON. — Judicial review of any such order shall
be exclusively as provided in section 1343. Unless such a peti¬
tion for review is timely filed as provided in section 1343,
and thereafter until the record in the proceeding has been
hied as so provided, the Secretary may at any time, modify,
terminate, or set aside any such order, upon such notice and
in such manner as the Secretary considers proper. Upon such
fUing of the record, the l^cretcuy may mo^y, terminate, or
set aside any such order with permission of the coiut.
SEC. 1343. JUDICIAL REVIEW.
(a) Commencement. — ^An enterprise that is a party to a
proceeding imder section 1341 or 1345 may obtain review of any
final order issued under such section Iw filing in the United States
Court of Appeals for the District of Coliunbia Circuit, within 30
days after tne date of service of such order, a written petition
praying that the order of the Secretary be modified, terminated,
or set aside. The derk of the court shall transmit a copy of the
petition to the Secretary.
(b) Filing of Record. — ^Upon receiving a copy of a petition,
the Secretary shall file in the court the record in the proceeding,
as provided in section 2112 of title 28, United States Code.
(c) Jurisdiction. — ^Upon the filing of a petition, such court
shall have jurisdiction, which upon the filing of the record by
the Secreta^ shall (except as provided in the last sentence of
section 1342(bX2)) be exclusive, to affirm, modify, terminate, or
set aside, in whole or in part, the order of the Secret^.
(d) Review. — Review of such proceedings shall be governed
by chapter 7 of title 5, United States Code.
(e) Order To Pay Penalty. — Such court shall have the author¬
ity in any such review to order payment of any penalty imposed
by the Sectary under this subpart.
(f) No Automatic Stay. — The commencement of proceeding
for judicial review under this section shall not, unless specifically
ordered by the court, operate as a stay of any order issued by
the Secretary.
SEC. 1344. enforcement AND JURISDICTION.
(a) Enforcement. — ^The Secretary may request the Attorney
General of ^e United States to bring an action in the United
States District Court for the District of Columbia for the enforce¬
ment of any effective notice or order issued under section 1341
or 1345. Such court shall have jurisdiction and power to order
and require compliance herewith.
(b) Limitation on Jurisdiction. — ^Except as otherwise provided
in this subpart, no court shall have jurisdiction to affect, by inunc¬
tion or otherwise, the issuance or enforcement of aiw notice or
order under section 1341 or 1345, or to review, modiiy, suspend,
terminate, or set aside any such notice or order.
SEC. 1345. CIVIL MONEY PENALTIES.
(a) Authority. — ^The Secretary may impose a civil money pen¬
alty, in accordance vdth the provisions of this section, on any
enterprise that has failed —
PUBLIC LAW 102-550— OCT. 28, 1992
106 STAT. 3967
(1) to submit a housing plan that substantially complies
with section 1336(c) within the applicable period;
(2) to make a good faith effort to comply with a housing
plan for the enterprise submitted and approved under section
1336(c); or
(3) to submit the information required under subsection
(m) or (n) of section 309 of the Federal National Mortgage
Association Charter Act, subsection (e) or (f) of section 307
of the Federal Home Loan Mortgage Corporation Act, or section
1337 of this title.
(b) Amount of Penalty. — ^The amount of the penalty, as deter-
led by the Secretary, may not exceed —
(1) for any failure described in subsection (aXD, $25,000
for each day that the failure occurs; and
(2) for any failure described in subsection (a) (2) or (3),
$10,0()0 for each day that the failure occurs.
(c) Procedures.—
(1) Establishment. — ^The Secretary shall establish stand¬
ards and procedures governing the imposition of civil money
penalties under this section. Such standards and procedures —
(A) shall provide for the Secretary to notify the enter¬
prise in writing of the Secretar/s determination to impose
the penalty, wMch shall be made on the record;
(B) shall provide for the imposition of a penalty only
after the enterprise has been given an opportunity for
a hearing on the record pvirsuant to section 1342; and
(C) may provide for review by the Director for any
determination or order, or interlocutory ruling, arising from
a hearing.
(2) Factors in determining amount of penalty. — In
determining the amount of a penalty under this section, the
Secretary shall give consideration to such factors as the gravity
of the offense, any history of prior offenses, ability to pay
the penalty, ii\jury to the public, beneffts received, deterrence
of future violations, and such other factors as the Secretary
may determine, Iw regulation, to be appropriate.
(d) Action To Collect Penalty. — If an enterprise fails to
iply with an order by the Secretary imposing a civil money
^ty under this section, after the order is no longer subject
review as provided by sections 1342 and 1343, the Secretary
r^uest the Attorney General of the United States to bring
action in the United States District Court for the District of
iimbia to obtain a monetary judgment against the enterprise
[ such other relief as may be available. The monetary judgment
Y, in the court’s discretion, include the attorneys fees and other
enses incurred by the United States in connection with the
on. In an action under this subsection, the validity and appro-
iteness of the order imposing the penalty shall not be simject
view.
(e) Settlement by Secretary. — The Secretarv may com-
mise, modify, or remit any civil money penalty which may be,
las b^n, imposed under this section.
(f) Transition Period Limitation.— The Secretary may not
K)se any civil money penalty under this section for any failure
an enterprise, during the 2-year period beginning on January
993, to comply with an approved housing plan, unless the
106 ST AT. 3968
PUBLIC LAW 102-550— OCT. 28, 1992
12 use 4586.
Records.
12 use 4587.
12 use 4588.
Secretary determines that the enterprise has intentionally failed
to make a good faith effort to comply with an approve plan.
(g) Deposit of Penalties. — The sWetai^ shall deposit any
civil money penalties collected under this section into the general
fund of the Treasury.
SEC. 1346. PUBUC DISCLOSURE OF FINAL ORDERS AND AGREEMENTS.
(a) In General. — ^The Secretary shall make available to the
public —
(1) any written agreement or other written statement for
which a violation may be redressed bv the Secretai^ or any
modification to or termination thereof unless the Secretaiy,
in the Secretary’s discretion, determines that public disclosure
would be contrary to the pubUc interest or determines under
subsection (c) that public disclosure would seriously threaten
the financial health or security of the enterprise;
(2) any order that is issued with respect to any administra¬
tive enforcement proceeding initiated by the Secretary under
this subpart and that has become final in accordance with
sections 1342 and 1343; and
(3) any modification to or termination of any final order
made public pursuant to this subsection.
(b) Hearings. — All hearings with respect to any notice of
charges issued by the Secretary shall be open to the public, unless
the Secretary, in the Secretary’s discretion, determines that holding
an open hearing would be contrary to the public interest.
(c) Delay of Pubuc Disclosure Under Exceptional Cir¬
cumstances.— If the Secretary makes a determination in writing
that the public disclosure of any final order pursuant to subsection
(a) would seriously threaten the financial soundness of the enter¬
prise, the Secretary may delay the public disclosure of such order
for a reasonable time.
(d) Documents Filed Under Seal in Public Enforcement
Hearings. — ^The Secretary may file any document or pmt thereof
under seal in any hearing under this subpart if the Secretary
determines in writing that disclosure thereof would be contrary
to the public interest.
(e) Retention of Documents. — ^The Secretary shall keep and
maintain a record, for not less than 6 years, of all documents
described in subsection (a) and all enforcement agreements and
other supervisory action and supporting documents issued with
respect to or in connection with any enforcement proceeding initi¬
ated by the Secretary under this subpart.
(f) Disclosures to Congress. — ^TWs section may not be con¬
strued to authorize the withholding, or to prohibit the disclosure,
of any information to the Congress or any committee or subcommit¬
tee thereof.
SEC. 1347. NOTICE OF SERVICE.
Any irervice required or authorized to be made by the Secretary
under this subpart may be made by re^stered mail or in suen
other manner reasonably calculated to give actual notice, as the
Secretary may by regulation or otherwise provide.
SEC. 1348. SUBPOENA AUTHORITY.
(a) In General. — ^In the course of or m connection with any
administrative proceeding under this subpart, the Secretary shall
have the authority —
106 STAT. 3969
PUBLIC LAW 102-550— OCT. 28, 1992
(1) to administer oaths and affirmations;
(2) to take and preserve testimony under oath;
(3) to issue subpoenas and subpoenas duces tecum; and
(4) to revoke, quash, or modify subpoenas and subpoenas
duces tecum issued W the Secretary.
(b) Witnesses and Documents. — ^e attendance of witnesses
and the production of documents provided for in this section may
be required from any place in any State at any designated place
where such proceedir^ is being conducted.
(c) Enforcement. — ^The Secreta^ may request the Attorney
General of the United States to brin^^ an action in the United
States district court for the judicial district in which such proceeding
is being conducted, or where the witness resides or conducts busi¬
ness, or the United States District Court for the District of Colum¬
bia, for enforcement of any subpoena or subpoena duces tecum
issued pursuant to this section. Such courts shall have jurisdiction
and power to order and require compliance therewith.
(d) Fees and Expenses. — ^Witnesses subpoenaed under this
section shall be paid the same fees and milecme that are paid
witnesses in the district courts of the United States. Any court
having jurisdiction of any proceeding instituted under this section
by an enterprise may allow to any such party such reasonable
expenses ana attorneys fees as the court deems just and proper.
Such expenses and fees shall be paid by the enterprise or from
its assets.
SEC. 1348. regulations.
The Secretary shall issue any final regulations necessary to
implement the provisions of this part (not including the provisions
of sections 1332(d), 1333(d), and 1334(d), relating to transition
housing goals) not later than the expiration of the 18-month period
beginmng on the date of the enactment of this Act. Such regulations
sh^l be issued after notice and opportunity for public comment
pursuant to the provisions of section 553 of title 5, United States
Code.
PART 3— mSCELLANEOUS PROVISIONS
SEC. 1351. amendments TO TITLE S, UNITED STATES CODE.
(a) Director at Level II of Executive Schedule.— Section
5313 of title 5, United States Code, is amended by inserting at
the end the following new item:
“Director of the Office of Federal Housing Enterprise Over¬
sight, Department of Housing and Urban Development.”.
(b) Exclusion From Senior Executive Service.— Section
3132(aXlXD) of title 5, United States Code, is amended bv inserting
“the Office of Federal Housing Enterprise Oversight of the Depart¬
ment of Housing and Urban Development,” a^r “Farm Credit
Administration,”.
SEC. 1352. PROHmrnON OF MERGER OF OFFICE.
Section 5 of the Department of Housing and Urban Develop¬
ment Act (42 U.S.C. 3534) is amended by adding at the end tiie
following new subsection:
“(d) Notwithstanding any other provision of this Act, the Sec¬
retary may not merge or consolidate the Office of Federal Housing
Enterprise Oversight of the Department, or any of the functions
12 use 4689.
106 STAT. 3970
PUBLIC LAW 102-550— OCT. 28, 1992
or responsibilities of such Office, with any function or program
administered by the Secretary.**.
SEC. 136S. PROTECTION OF CONFIDENTIAL INFORMATION.
Section 1905 of title 18, United States Code, is amended by
inserting "any person acting on behalf of the C^ce of Federm
Housing Enterprise Oversight,** after “or agen<7 thereof,**.
12 use 4601. SEC. 1354. REVIEW OF UNDERWRITING GUIDELINES.
(a) Study. — ^Each of the enterprises shaU conduct a study to
review the underwriting guidelines of the enterprise. The studies
shall examine —
(1) the extent to which the underwriting guidelines prevent
or inhibit the purchase or securitization of mortgages for hous¬
ing located in mixed-use, urban center, and predominantly
mmority neighborhoods and for housing for low- and moderate-
income famines;
(2) the standards employed by private mortgage insurers
and the extent to which such standards inhibit tlie purchase
and securitization by the enterprises of mortgages aescribed
in paragraph (1); and
(3) the implications of implementing underwriting stand¬
ards that —
(A) establish a downpa3rment requirement for mortga¬
gors of 5 percent or less;
(B) ^ow the use of cash on hand as a source for
downpayments; and
(C) approve borrowers who have a credit history of
delinquencies if the borrower can demonstrate a satisfac¬
tory credit history for at least the 12-month period ending
on the date of the application for the mortoage.
(b) Report. — ^Not later tnan the expiration of the 1-year period
beginning on the date of the enactment of this Act, each enterprise
shall submit to the Secretary, the Committee on Banking, Finance
and Urban Affairs of the House of Representatives, and the Commit¬
tee on Banking, Housing, and Urban Affairs of the Senate a report
regarding the study conducted by the enterprise under subsection
(a). Each report shall include any recommendations of the enterprise
for better meeting the housing needs of low- and moderate-income
families.
12 use 4602. SEC. 1365. STUDIES OF EFFECTS OF PRIVATIZATION OF FNMA AND
FHLMC.
(a) In General. — ^The Comptroller General of the United
States, the Secretary of Housing and Urban Development, the Sec¬
retary of the Treasury, and the Director of the Congressional Bucket
Office shall each conduct and submit to the Committee on Banking,
Finance and Urban Affairs of the House of Representatives and
the Committee on Banking, Housing, and Urban Affairs of the
Senate, not later than the expiration of the 2-year period beginning
on the date of the enactment of this Aict, a study regardmg the
desirability and feasibility of repealing ffie Federal charters of
the Feder^ National Mo^age Asaociation and the Federal Home
Loan Mortgage Corporation, eliminating any Federal sponsorship
of the enteiprises, and allowing the enterprises to continue to
operate as fully private entities.
Ot)) Requirements. — ^Each study shall particularly examine the
effects of such privatization on —
PUBLIC LAW 102-550— OCT. 28, 1992
106 STAT. 3971
(1) the requirements applicable to the Federal National
Mortgage Association and the Federal Home Loan Mortgage
Corporation under Federal law and the costs to the enterprises;
(2) the cost of capital to the enterprises;
(3) housing affordability and availability and the cost of
homeownership;
(4) the level of secondary mortgage market competition
subsequently available in the private sector;
(5) whether increased amounts of capital would be nec¬
essary for the enterprises to continue operation;
(6) the secondary market for residential loans and the
liquidity of such loans; and
(7) any other factors that the Comptroller General, the
Secretary of Housing and Urban Development, the Secretary
of the I^asury, or the Director of the Congressional Budget
Office deems appropriate to enable the Congress to evaluate
the desirability and feasibility of privatization of the
enterprises.
(c) Information. — ^The Federal National Mortgage Association
d the Federal Home Loan Mortgage Corporation shall provide
1 and prompt access to the Comptroller General, the Secretary
Housing and Urban Development, the Secretary of the Treasury,
d the Director of the Congressional Budget Office to any books,
:ords, and other information requested for the purposes of
iducting the studies under this section.
(d) Views of the FNMA and FHLMC.—
(1) Consideration in studies.— In conducting the studies
under this section, the Comptroller General, the Secretary of
Housing and Urban Development, the Secretary of the Treas¬
ury, and the Director of the Congressional Budget Office shall
each consider the views of the Federal National Mortgage
Association and the Federal Home Loan Mortgage Corporation.
(2) Direct report. — The Federal National Mortgage
Association and the Federal Home Loan Mortgage Corporation
may each report directly to the Committee on Banking, Fihance
and Urban Affairs of the House of Representatives and the
Committee on Banking, Housing, and Urban Affairs of the
Senate on its own analysis of the desirability and feasibility
of repealing the Federal charters of the enterprises, eliminating
any Federal sponsorship, and allowing the enterprises to con¬
tinue to operate as fully private entities.
C. 1366. TRANSITION.
Before the expiration of the period ending 18 months after
i appointment of the Director imder section 1312, any rules
d regulations promulgated before the date of the enactment of
8 Act by the Secretary pursuant to the Federal National Mortgage
ociation Charter Act or the Federal Home Loan Mortgage Cor-
ration Act shall remain in effect unless modified, terminated,
perseded, or revoked by operation of law or in accordance with
V. Such rules and relations shall terminate, effective upon
i expiration of such period.
12 use 4603.
Termination
date.
106 STAT. 3972
PUBLIC LAW 102-550— OCT. 28, 1992
12 use 4611.
Regulations.
Subtitle B — ^Required Capital Levels for
Enterprises and Special Enforcement
Powers
SEC. 1361. RISK-BASED CAPITAL LEVELS.
(a) Risk-Based Capital Test. — ^The Director shall, by regula¬
tion, establish a risk-based capital test under this section for the
enterprises. When applied to an enterprise, the risk-based capital
test snail determine the amount of tot^ capital for the enterprise
that is sufficient for the enterprise to maintain positive capital
during a 10-year period in which the following circumstances occur
(in this section referred to as the “stress period”):
(1) Credit risk. — ^With respect to mortgages owned or
gu^anteed by the enterprise and other obligations of the enter¬
prise, losses occur throughout the United States at a rate
of default and severity (based on any measurements of default
reasonably related to prevailing practice for that industry in
determining capit€d adequacy) reasonably related to the rate
and severity that occurred in contiguous areas of the United
States containing an aggregate of not less than 5 percent of
the total population of the United States that, for a period
of not less than 2 years, experienced the highest rates of default
and severity of mortgage losses, in comparison with such rates
of default and severity of mortgage losses in other such areas
for any period of such duration.
(2) Interest rate risk.—
(A) In general. — Interest rates decrease as described
in subparagraph (B) or increase as described in subpara¬
graph (C), whichever would require more capital for the
enterprise.
(B) Decreases. — ^The 10-year constant maturity Treas¬
ury yield deceases during the first year of the stress
period and will remain at me new level for the remainder
of the stress period. The yield decreases to the lesser of —
(i) GCM) basis points below the average yield during
the preceding 9 months, or
(ii) 60 percent of the average yield during the
preceding 3 years,
but in no case to a yield less than 50 percent of the
average yield during the preceding 9 months.
(C) Increases. — ^The 10-year constant maturity Treas¬
ury yield increases during the first year of the stress TOriod
and will remain at the new level for the remainder of
the stress period. The yield increases to the greater of —
(i) 600 basis points above the average yield during
the preceding 9 months, or
(ii) 160 percent of the average yield during the
preceding 3 years,
but in no case to a yield greater than 175 percent of
the average yield during the preceding 9 months.
(D) Different terms to maturity.— Yields of Treas¬
ury instruments with other terms to maturity will change
relative to the 10-year constant maturity Treasury rield
in patterns and for durations that are reasonably related
PUBLIC LAW 102-550— OCT. 28, 1992
106 STAT. 3973
to historical experience and are judged reasonable by the
Director.
(E) Large increases in yields.— If the 10-year con¬
stant maturity Treasury )deld is assumed to increase by
more than 50 percent over the average yield during the
preceding 9 months, the Director shaU adjust the losses
in paragraphs (1) and (3) to reflect a correspondingly higher
rate of general price inflation.
(3) New business.—
(A) In general. — ^Any contractual commitments of the
enterprise to purchase mortgages or issue securities will
be fulfilled. The characteristics of resulting mortgage pur¬
chases, securities issued, and other financing will be
consistent with the contractual terms of such commitments,
recent experience, and the economic characteristics of the
stress period. No other purchases of mortgages shall be
assumed, except as provided in subparagraph (B).
(B) Additional new business. — ^The Director may,
after consideration of each of the studies required by
subparagraph (C), assiime that the enterprise conducts
additional new business during the stress period consistent
with the following —
(i) Amount and product types.— The amount and
types of mortgages purchased and their financing will
be reasonably related to recent experience and the
economic characteristics of the stress period.
(ii) Losses. — Default and loss severity characteris¬
tics of mortgages purchased will be reasonably related
to historical experience.
(iii) Pricing. — Prices charged by the enterprise in
purchasing new mortgages will be reasonably related
to recent experience and the economic characteristics
of the stress period. The Director may assume that
a reasonable period of time would lapse before the
enterprise would recognize and react to the characteris¬
tics of the stress period.
(iv) Interest rate risk.— Interest rate risk on
new mortgages purchased will occur to an extent
reasonably related to historical experience.
(v) Reserves. — ^The enterprise must maintain
reserves during and at the end of the stress period
on new business conducted during the first 5 years
of the stress period reasonably related to the expected
future losses on such business, consistent with gen¬
erally accepted accounting principles and industry
accounting practice.
(C) Studies. — ^Within 1 year after regulations are first
issued under subsection (e), the Director of the Con^es-
sioncJ Budget Office, and the Comptroller Oeneral of the
United States shall each submit to the Committee on Bank¬
ing, Housing, and Urban Affairs of the Senate and the
Committee on Banking, Finance and Urban Affairs of the
House of Representatives a study of the advisability and
appropriate form of any new business assumptions under
subparagraph (B).
STAT. 3974
PUBLIC LAW 102-550— OCT. 28, 1992
(D) Effective date. — ^The provisiona of subparagraph
(B) shall become efiFective 4 years after regulations are
first issued under subsection (e).
(4) Other AcrivrnES.— Losses or gains on other activities,
including interest rate and foreign exchange hed^ng activities,
shall be determined by the Director, on the b^is of available
information, to be consistent with the stress period.
(b) Considerations.—
(1) In general.— In establishing the risk-based capital test
under subsection (a), the Director shall take into account appro¬
priate distinctions among t3npes of mortgage products, dif¬
ferences in seasoning of mortgages, and any other factors the
Director considers appropriate.
(2) Consistency.— Characteristics of the stress period
other than those specifically set forth in subsection (a), such
as prepa)rment experience and dividend policies, wdll ^ those
determined by the Director, on the basis of available informa¬
tion, to be most consistent with the stress period.
(c) Risk-Based Capital Level. — For pu^^ses of this subtitle,
the risk-based capital level for an enterprise shall be equal to
the sum of the following amounts:
(1) Credit and interest rate risk.— The amount of total
capital determined by applymg the risk-based capital test under
subsection (a) to the enterprise.
(2) Management and operations risk. — ^To provide for
management and operations risk, 30 percent of the amount
of totm capital determined by applying the risk-based capital
test under subsection (a) to the enterprise.
(d) Definitions. — ^For purposes of this section:
(1) Seasoning. — ^The term “seasoning^ means the change
over time in the ratio of the unpaid principal balance of a
mortgage to the value of the property by whi<m such mortgage
loan is secured, determined on an annual basis by region,
in accordance with the Constant Quality Home Price Index
published by the Secretary of Commerce (or any index of similar
quality, authority, and public availability that is regularly used
by the Federal Government).
(2) Type of mortgage product.— The term “type of mort¬
gage product” means a classification of one or more mortgage
products, as established by the Director, which have similar
characteristics from each set of characteristics under the follow¬
ing subparagraphs:
(A) The property securing the mor^ge is —
(i) a residential property consisting of 1 to 4 dwell¬
ing units; or
(ii) a residential property consisting of more than
4 dwelling units.
(B) The interest rate on the mortgage is —
(i) fixed; or
(ii) adjustable.
(C) The priority of the lien securing the mortgage
IS—
(i) first; or
(ii) second or other.
(D) The term of the mortgage is —
(i) 1 to 15 years;
(ii) 16 to 30 years; or
(iii) more than 30 years.
(E) The owner of the property is —
(i) an owner-occupant; or
(ii) an investor.
(F) The unpaid principal balance of the mortg^e —
(i) will amortize completely over the term of the
mortgage and will not increase significantly at any
time during the term of the mortgage;
(ii) will not amortize completely over the term
of the mortgage and will not increase significantly
at an^ time during the term of the mortgage; or
(lii) may increase significantly at some time during
the term of the mortgage.
(G) Any other characteristics of the mortgage, as the
Director may determine.
(e) Regulations.—
(1) Issuance. — ^The Director shall issue final regudations
establishing the risk-based capital test under this section not
later than the expiration of the 18-month period beginning
on the date of the appointment of the Director. Such regulations
shall be issued after notice and opportunity for public comment
pursuant to the provisions of section 553 of title 5, United
States Code, and shall take effect upon issuance.
(2) Contents. — ^The regulations imder this subsection shall
contain specific requirements, definitions, methods, variables,
and parameters used under the risk-based capital test and
in implementing the test (such as loan loss severity, float
income, loan-to-value ratios, taxes, yield curve slopes, default
experience, and prepayment rates). The regulations shall be
sufficiently specific to permit an individum other than the
Director to apply the test in the same manner as the Director.
(3) Confidentiality of information.— Any person that
receives any book, record, or information from tne Director
or an enterprise to enable the risk-based capital test to be
applied shall —
(A) maintain the confidentiality of the book, record,
or information in a manner that is generally consistent
with the level of confidentiality established for the material
by the Director or the enterprise; and
(B) be exempt from section 552 of title 5, United States
Code, with respect to the book, record, or information.
(f) Availability of Model. — ^The Director shall provide copies
:he statistical model or models used to implement the risk¬
ed capital test under this section to the Secretary, the Board
jrovemors of the Federal Reserve System, the Director of the
ce of Management and Budget, the Comptroller General of
United States, and the Director of the Congressional Budget
Lce. The Director shall make copies of such model or models
liable for public acquisition and may charge a reasonable fee
such copies.
1. 1302. MINIMUM CAPITAL LEVELS.
(a) In General. — For purposes of this subtitle, the minimum
ital level for each enterprise shall be the sum of—
(1) 2.50 percent of the aggregate on-balance sheet assets
of the enterprise, as determined in accordance with generally
accepted accounting principles;
12 use 4612.
106 STAT. 3976
PUBLIC LAW 102-550— OCT. 28, 1992
12 use 4613.
12 use 4614.
(2) 0.45 percent of the unpaid principal balance of outstand¬
ing mortgage-backed securities and substantially equivalent
instruments issued or guaranteed by the enterprise that are
not included in paragraph (1); and
(3) 0.45 percent oi other off-balance sheet obligations of
the enterprise not included in paragraph (2) (excluding commit¬
ments in excess of 50 percent of the average dollar amount
of the commitments outstanding each quarter over the preced¬
ing 4 quarters), except that the Director shall adjust such
percent^e to reflect dmerences in the credit risk of such obliga¬
tions in relation to the instruments included in paragraph
(2).
(b) Transition.— Notwithstanding subsection (a), during the
18-month period beginning upon the date of the enactment of this
Act, the minimum capital level for each enterprise shall be the
sum of —
(1) 2,25 percent of the aggregate on-balance sheet assets
of the enterprise, as determined in accordance with generally
accepted accounting principles;
(2) 0.40 percent of the unpaid principal balance of outstand¬
ing mortgage-backed securities and substantially equivalent
instruments issued or guaranteed by the enterprise that are
not included in paragra^ (1); and
(3) 0.40 percent of other off-balance sheet obligations of
the enterprise not included in paragraph (2) (excluding commit¬
ments in excess of 50 percent of the average dollar amount
of the commitments outstanding each quarter over the preced¬
ing 4 quarters), except that tne Director shall adjust such
percentage to reflect differences in the credit risk of such obliga¬
tions in relation to the instruments included in paragraph
(2).
SEC. 13«3. CRITICAL CAPITAL LEVELS.
For pmposes of this subtitle, the critical capital level for each
enterprise snail be the sum of—
(1) 1.25 percent of the aggregate on-balance sheet assets
of the enterprise, as determined in accordance with generally
accepted accounting principles;
(2) 0.25 percent of the unpaid principal balance of outstand¬
ing mortgage-backed securities and substantially equivalent
instruments issued or guaranteed by the enterprise that are
not included in paragra^ (1); and
(3) 0.25 percent of other off-balance sheet obligations of
the enterprise not included in paragraph (2) (excluding commit¬
ments in excess of 50 piercent of the average dollar amount
of the commitments outstanding each quarter over the preced¬
ing 4 quarters), except that me Director shall adjust such
percentage to reflect differences in the credit risk of such obliga¬
tions in relation to the instruments included in paragraph
(2).
SEC. 13«4. CAPITAL CLASSIFICATIONS.
(a) In General. — For purposes of this subtitle, the Director
shall classify the enterprises according to the following capital
classifications:
(1) Adequately capitauzed.— An enterprise shall be
classified as adequately capitalized if the enterprise —
PUBLIC LAW 102-550— OCT. 28, 1992
106 STAT. 3977
(A) maintains an amount of total capital that is equal
to or exceeds the risk-based capital level established for
the enterprise under section 1361; and
(B) maintains an amount of core capital that is equal
to or exceeds the minimum capital level established for
the enterprise under section 1362.
(2) Undercapitalized. — ^An enterprise shall be classified
as undercapitalized if—
(A) the enterprise —
(i) does not maintain an amount of total capital
that is equal to or exceeds the risk-based capital level
established for the enterprise; and
(ii) maintains an amount of core capital that is
equal to or exceeds the minimum capital level estab¬
lished for the enterprise; or
(B) the enterprise is otherwise classified as
undercapitalized imaer subsection (bXD of this section.
(3) Significantly undercapitalized.— An enterprise shall
be classified as significantly undercapitalized if—
(A) the enterprise —
(i) does not maintain an amount of total capital
that is equal to or exceeds the risk-based capital level
established for the enterprise;
(ii) does not maintmn an amount of core capital
that is equal to or exceeds the minimum capital level
established for the enterprise; and
(hi) maintains an amoimt of core capital that is
equal to or exceeds the critical capital level established
for the enterprise under section 1363; or
(B) the enterprise is otherwise classified as signifi¬
cantly undercapitalized under subsection (bX2) of this sec¬
tion or section 1365(b).
(4) Critically undercapitalized.— An enterprise shall be
lassifled as critically undercapitalized if—
(A) the enterprise —
(i) does not maintain an amount of total capital
that is equal to or exceeds the risk-based capital level
established for the enterprise; and
(ii) does not maintain an amount of core capital
that is equal to or exceeds the critical capital level
for the enterprise; or
(B) is otherwise classified as critically undercapitalized
under subsection (bX3) of this section or section 1366(bX5).
(b) Discretionary Classification. — If at any time the Director
rmines in writing that an enterprise is engaging in conduct
approved by the Ilirector that could result in a rapid depletion
re capital or that the value of the property subject to mortgages
or securitized by the enterprise has decreased significantly,
Oirector may classify the enterprise —
(1) as undercapitalized, if the enterprise is otherwise classi¬
fied as adequately capitalized;
(2) as significantly undercapitalized, if the enterprise is
otherwise classified as undercapitalized; and
(3) as critically undercapitalized, if the enterprise is other¬
wise classified as significantly undercapitalized.
(c) Quarterly Determination.— The Director shall determine
capital classification of the enterprises for purposes of this
>6 STAT. 3978
PUBLIC LAW 102-550— OCT. 28, 1992
2 use 4615.
.2 use 4616.
subtitle on not less than a quarterly basis (and as appropriate
under subsection (b)). The first such determination shall be made
during the 3-month period beginning on the appointment of the
(d) Implementation.— Notwithstanding any other provision of
this section, during the period beginning on the date of the enact¬
ment of this Act and ending upon the effective date of section
1365 (as provided in section 1365(c)), an enterprise shall be classi¬
fied as adequately capitalized if the enterprise maintains an amount
of core capital that is emial to or exceeds the minimum capital
level for the enterprise under section 1362.
SEC. 1366. SUPERVISORY ACTIONS APPLICABLE TO UNDERCAPITAL¬
IZED ENTERPRISES.
(a) Mandatory Actions.—
(1) Capital restoration plan. — ^An enterprise that is
classified as undercapitalized shall, within the time period pro¬
vided in section 1369C (b) and (d), submit to the Director
a capital restoration plan that complies with section 1369C
and carn^ out the plan after approval.
(2) Restriction on capital distributions.— An enterprise
that is classified as undercapitalized may not make any capital
distribution that would result in the enteimrise being re¬
classified as significantly imdercapitalized or critically
undercapitalized.
(b) Discretionary Reclassification From Undercapitalized
to Significantly Undercapitalized.— The Director may reclassify
as significantly undercapitalized an enterprise that is classified
as undercapitalized (and the enterprise snail be subject to the
provisions of section 1366) if—
(1) the enterprise does not submit a capital restoration
plan that is substantially in compliance with section 1369C
within the applicable period or the Director does not approve
the capital restoration plan submitted by the enterprise; or
(2) the Director determines that the enterprise has failed
to make, in good faith, reasonable efforts necessary to comply
with the capital restoration plan and fulfill the schedule for
the plan approved by the Director.
(c) Effective Date. — ^This section shall take effect upon the
expiration of the 1-year period beginning on the date of the effective¬
ness of the regulations issued under section 1361(e) establishing
the risk-based capital test.
SEC. 1366. SUPERVISORY ACTIONS APPUCABLE TO SIGNIFICANTLY
undercapitalized ENTERPRISES.
(a) Mandatory Supervisory Actions.—
(1) Capital restoration plan.— An enterprise that is
classified as significantly undercapitalized shall, within the
time period under section 1369C (b) and (d), submit to the
Director a capital restoration plan that complies with section
1369C and carry out the plan after approval.
(2) Restrictions on capital distributions.—
(A) Prior approval. — ^An enterprise that is classified
as significantly undercapitalized may not make any capital
distribution tnat would result in the enterprise being
reclassified as critically imdercapitalized. An enterprise
that is classified as significantly undercapitalized enter-
PUBLIC LAW 102-550— OCT. 28, 1992
106 STAT. 3979
prise may not make any other capital distribution unless
the Director approves the distribution.
(B) Standard for approval.— The Director may
approve a capital distribution by an enterprise classified
as significantly undercapitalized only if the Director deter¬
mines that the distribution (i) wiU enhance fiie ability
of the enterprise to meet the risk-based capital level and
the minimum capital level for the enterprise promptly,
(ii) will contribute to the long-term financial s^ety and
soundness of the enterprise, or (iii) is otherwise in the
public interest.
(b) Discretionary Supervisory Actions.— In addition to any
ther actions taken by the Director (including actions under sub-
action (a)), the Director may, at any time, take any of the following
ctions with respect to an enterprise that is classified as signifi-
mtly imdercapitalized:
(1) Limitation on increase in obligations.— Limit any
increase in, or order the reduction of, any obligations of the
enterprise, including off-balance sheet obligations.
(2) Limitation on growth.— Limit or prohibit the growth
of the assets of the enterprise or require contraction of the
assets of the enterprise.
(3) Acquisition of new capital.— Require the enterprise
to acquire new capital in a form and amoimt determined by
the Director.
(4) Restriction of activities.— R^uire the enterprise to
terminate, reduce, or modify any activity that the Director
determines creates excessive risk to the enterprise.
(6) Reclassification from significantly to critically
undercapitalized. — ^The Director may reclassify as critically
undercapitalized an enterprise that is classified as significantly
undercapitalized (and the enterprise shall be subject to the
provisions of section 1367) if—
(A) the enterprise does not submit a capital restoration
plan that is substantially in compliance with section 1369C
within the applicable period or the Director does not
approve the capital restoration plan submitted by the enter¬
prise; or
(B) the Director determines that the enterprise has
failed to make, in good faith, reasonable efforts necessary
to comply with the capital restoration plan and fulfill the
schedule for the plan approved by the Director.
(6) Conservatorship. — ^Appoint a conservator for the
enterprise in accordance with the provisions of section 1369
(excluding subsection (a) (1) and (2)), but only if the Director
determines —
(A) that the amoimt of core capital of the enterprise
is less than the minimum capital level established for
the enterprise under section 1362; and
(B) that alternative remedies available to the Director
under this title are not satisfactory.
(c) Effective Date. — ^This section shall take effect upon the
irst classification of the enterprises within capital classifications
hat occurs under section 1364.
iUb »rAl . i$»8U
ruDiiit; IjAW luis-oou — uui . zo, lyyz
12 use 4617.
12 use 4618.
SEC. 1367. APPOINTMENT OF CONSERVATOB8 FOR CRmCALLT
UNDERCAPITALIZED ENTERPRISES.
(a) ApponmfENT.—
(1) In general. — ^Upon a determination and notice under
section 1368(d) that an entezprise is critically undercapitalized
and not later than 30 days alter providing notice under section
1369(a)(3), the Director shall appoint a conservator for the
enterprise in accordance with the provisions of section 1369
(excluding subsections (a) (1) and (2)).
(2) Exception. — ^Notwithstanding paragraph (1), the Direc¬
tor may determine not to appoint a conservator for an enter¬
prise classified as critically undercapitalized, but only pursuant
to a written finding by the Director, with ^e written concur¬
rence of the Secretary of the Treasury, that —
(A) the appointment of a conservator would have seri¬
ous adverse efrects on economic conditions of national finan-
cisd markets or on the financial stability of the housing
finance market; and
(B) the public interest would be better served by taking
some other enforcement action authorized under t^ title.
(b) Authority. — ^The Director shall have the authority to take
any actions under sections 1365 and 1366 with respect to an enter¬
prise under conservatorship.
(c) Approval op Activities. —
(1) Conservator. — ^The conservator of any enterprise
classified as critically undercapitalized may undert^e an activ¬
ity subject to the approval of the Secretaiy under section 1322
of this title only wim the additional approval of the Director.
(2) No conservator. — If the Director determines under
subsection (aX2) not to appoint a conservator for an enterprise
classified as critically unaercapitalized, the provisions of section
1366 shall apply with respect to the enterprise.
(d) Effective Date. — ^This section shall take effect upon the
first classification of the enterprises within capital classifications
that occurs under section 1364.
SEC. 1368. NOTICE OF CLASSIFICATION AND ENFORCEMENT ACTION.
(a) Notice. — Before taking any action referred to in subsection
(b), the Director shall provide to the enterprise written notice of
the proposed action, which states the reasons for the proposed
action and the information on which the proposed action is based.
(b) AppucABlLrry. — ^The requirements of subsection (a) shall
apply to the following actions:
(1) Classification or reclassification of an enterprise within
a pa^cular capital classification under section 1364.
(2) Any discretionary supervisory action pursuant to section
1365.
(3) Any discretionary supervisory action pursuant to section
1366 except a decision to appoint a conservator under section
1366(bX6).
Notice of classification under paragraph (1) and notice of super¬
visory actions under para^aph (2) or (3) may be provided together
in a single notice under subs^rtion (a).
(c) tePONSE Period.—
(1) In general. — ^During the 30-day period beginning on
the date that an enterprise is provided notice under subsection
(a) of a proposed action, the enterprise may submit to the
PUBLIC LAW 102-550— OCT. 28, 1992
106 STAT. 3981
Director any information relevant to the action that the enter¬
prise considers appropriate for consideration by the Director
in determining whether to take such action. The Director may,
at the discretion of the Director, hold an informal administra¬
tive hearing to receive and discuss such information and the
proposed determination.
(2) Extended period. — ^The Director may extend the period
under paragraph (1) for good cause for not more than 30 addi¬
tional ^ys.
(3) Shortened period. — ^The Director may shorten the
period under paragraph (1) if the Director determines that
the condition of the enterprise so requires or the enterprise
consents.
(4) Failure to respond. — ^The failure of an enterprise
to provide information during the response period under this
subsection (as extended or ^ortened) shall waive any right
of the enterprise to comment on the proposed action of the
Director.
(d) Consideration of Information and Determination. —
Cter the expiration of the response period under subsection (c)
‘ upon receipt of information provided during such period by
le enterprise, whichever occurs earlier, the Director shall deter-
ine whether to take the action proposed, taking into consideration
ly relevant information submitted by the enterprise during the
isponse period. The Director shall provide written notice of a
^termination to take action and the reasons for such determination
> the enterorise, the Committee on Banking, Finance and Urban
(fairs of the House of Representatives, and the Committee on
anking. Housing, and Urban Affairs of the Senate. Such notice
iall respond to any information submitted during the response
iriod.
(e) Effective Date of Actions. — An action referred to in
ibsection (b) shall take effect upon receipt by the enterprise of
)tice of the determination of the Director under subsection (d),
[iless otherwise provided in such notice.
SC. 1368. APPODflMENT OF CONSERVATORS.
(a) Appointment. —
(1) Discretionary authority.— The Director may, after
providing notice under paragraph (3), appoint a conservator
for an enterprise upon a determination in writing —
(A) that alternative remedies available to the Director
under this title are not satisfactory; and
(B) that —
(i) the enterprise is not likely to pay its obligations
in the normal course of business;
(ii) the enterprise has incurred or is reasonably
likely to incur losses that would deplete substantially
all of its core capital and it is unlikely that the enter¬
prise will replemsh its core capital within a reasonable
period;
(iii) the enterprise has concealed or is concealing
books, papers, records, or assets of the enterprise that
are material to the dischai^e of the Directors respon¬
sibilities under this subtitie, or has refused or is
refusing to submit such books, papers, records, or
12 use 4619.
106 STAT. 3982
PUBUC LAW 102-550— OCT. 28, 1992
information regarding the affairs of the enterprise for
inspection to the Direi^r upon request; or
(iv) the enterprise has willfully violated, or is will¬
fully violating, a final cease-and-desist order under
section 1371.
(2) Consent of enterprise.— Notwithstanding paragraph
(1), the Dir^^r may appoint a conservator for an enterprise
if the enterprise, by an afifirmative vote of a majority of the
members of its bo^d of directors or by an affirmative vote
of a mttjority of its shareholders, consents to such appointment.
(3) Notice. — ^Upon nuddng a determination under para¬
graph (1) of this subsection or imder section 1366 or 1367
io appoint a conservator for an enterprise, or upon consent
of ffie enterprise under paragraph (2) to such an appointment,
the Director shall provide written notice to the enterprise,
tihe Committee on Banking, Finance and Urban Affairs of the
House of Representatives, and the Committee on Banking,
Housing, and Urban Affairs of the Senate—
(A) that a conservator will be appointed for the
enterprise;
(B) stating the reasons for the appointment of the
conservator; and
(C) identifying the person or governmental agency that
the Director intends to appoint as conservator.
(4) Qualifications.— The conservator shall be—
(A) the Director or any other governmental agency;
or
(B) any person that —
(i) has no claim against, or financial interest in,
the enterprise or other basis for a conflict of interest;
and
(ii) has the financial and management expertise
necessary to direct the operations and affairs of the
enterprise.
(b) Judicial Review.—
(1) Timing and jurisdiction. — ^Except as provided in para¬
graph (2), an enterprise for which a conservator is appointed
(pursuant to this se^ion or section 1366 or 1367) may bring
an action in the United States District Court for the District
of Columbia for an order requiring Hie Director to terminate
the appointment of the conservator. Hie court, upon the merits,
shall dismiss such action or shall direct the Director to termi¬
nate the appointment of the conservator. Such an action may
be commenced only during the 20-day period beginning upon
the appointment of the conservator.
(2) Consensual appointments.— Appointment of a con¬
servator pursuant to consent of the enterprise under subsection
(aX2) shall not be subject to judicial review under this sub¬
section.
(3) Standard of review. — A decision of the Director to
appoint a conservator may be set aside under tiiis subsection
omy if the court finds that the decision was arbitrary, capri¬
cious, an abuse of discretion, or otherwise not in accordance
with applicable laws.
(4) LDiOTATiON ON JURISDICTION.— Except as otherwise pro¬
vided in this subsection, no court may take any action regarding
PUBLIC LAW 102-550— OCT. 28, 1992
106 STAT. 3983
the removal of a conservator or otherwise restrain or affect
the exercise of powers or functions of a conservator.
(c) Replacement. — ^The Director may, without notice or hear-
g, replace a conservator with another conservator. Such replace-
ent shall not affect the right of the enterprise under subsection
) to obtain judicial review of the decision of the Director to
»point a conservator.
(d) Examinations. — The Director may examine and supervise
Ly enterprise in conservatorship during the period in which the
Lterprise continues to operate as a going concern.
(e) Termination. —
(1) Discretionary. — ^At any time the Director determines
that termination of a conservatorship pursuant to an appoint¬
ment under subsection (a) is in the public interest and may
safely be accomplished, the Director may terminate the
conservatorship and permit the enterprise to resume the trans¬
action of its business subject to such terms, conditions, and
limitations as the Director may prescribe.
(2) Mandatory. — ^The Director shall terminate a
conservatorship initiated pursuant to section 1366 or 1367 upon
a determination by the Director that the enterprise has main¬
tained an amount of core capital that is equal to or exceeds
the minimum capital level for the enterprise established under
section 1362, and may by written order prescribe such terms,
conditions, and limitations on the enterprise as the Director
considers appropriate.
(3) Terms. — Any terms, conditions, and limitations imposed
by the Director upon termination of a conservatorship shall
be enforceable and reviewable under the provisions of sections
1374 and 1375, to the same extent as any cease-and-desist
order issued pursuant to subtitle C.
SC. 1369A. POWERS OF CONSERVATORS.
(a) General Powers. — ^A conservator shall have all the powers
the shareholders, directors, and officers of the enterprise under
nservatorship and may operate the enterprise in the name of
le enterprise, unless Ihe Director provides otherwise.
(b) Additional Power. — ^A conservator may avoid any security
terest taken by a creditor with the intent to hinder, delay, or
ifraud the enterprise or the creditors of the enterprise.
(c) Limitations by Director.— A conservator shsdl be subject
any rules, regulations, and orders issued from time to time
r the Director and, except as otherwise specifically provided in
ich rules, regulations, or orders or in section 1369B, shall have
le same rights and privileges and be subject to the same duties,
atrictions, penalties, conmtions, and limitations applicable to
rectors, officers, or empWees of the enterprise.
(d) Enforcement of Contracts.—
(1) In general.— a conservator may enforce any contract
described in paragraph (2), notwithstanding any provision of
the contract providing for the termination, default, acceleration,
or other exercise of rights upon, or irolely by reason of, the
insolvency of the enterprise or the appointment of a conservator.
(2) Enforceable contracts.— Any contract that is within
a class of contracts shall be enforceable under paragraph (1)
if the Director —
12 use 4620.
12 use 4621.
(A) determines that the continued enforceability of such
class of contracts is necessary to achieve the purpose of
the conservatorship; and
(B) specifically provides for the enforceability of such
class of contracts in a regulation or order, issued for the
purpose of this subsection, which describes such class. I
(3) Applicability. — This subsection and any regulation or
order issued imder this subsection shcdl apply only to contracts i
entered into, modified, extended, or renewed after the effective
date of the regulation or order.
(e) Stays.—
(1) In general. — ^Not later than 46 days after appointment
pursuant to section 1366, 1367, or 1369, or 45 days after
receipt of actual notice of an action or proceeding that is pend¬
ing at the time of appointment, a conservator may request
that any judicial action or proceeding to which the conservator
or the enterprise is or may become a party be stayed for
a period not exceeding 45 days after the request. Upon petition, *
the court shall grant such stay as to all parties.
(2) Federal agency as conservator.— In any case in ^
which the conservator appointed for an enterprise is a Federal
agency or an officer or employee of the Federal Government,
the conservator may make a request for a stay under para^aph
(1) only with the prior consent of the Attorney General and
subject to the direction and control of the Attorney General.
(f) Payment of Creditors.— The Director may require a con¬
servator to set aside and make available for payment to creditors
any amounts that the Director determines may safely Ite used
for such purpose. All creditors who are similarly situated shall r
be treated in a similar manner.
(g) Compensation of Conservator and Employees.— A con- i
servator and professional employees (other than Federal employees)
appointed to represent or assist the conservator may be com¬
pensated for activities conducted as conservator. Compensation may
not be provided in amounts greater than the compensation paid
to employees of the Federal Government for similar services, except
that the Director may provide for comi^nsation at higher rates
(but not in excess of rates prevailing in the private sector), if
the Director determines that compensation at higher rates is nec¬
essary in order to recruit and retain competent personnel.
(h) Expenses. — ^All expenses of a conservatorship pursuant to
this section (including compensation pursuant to subsection (0)
shall be paid by the enterpnse under conservatorship and shall t
be secured by a lien on the enterprise, which shall have priority
over ^y other lien.
(i) Conflicts of Interest and Financial Disclosure. — A
conservator shall be subject to any laws and regulations relating
to conflicts of interest and financial disclosure that apply to employ-
; ees of the Office.
SEC. 13698. IJABILTry PROTECTION FOR CONSERVATORS.
(a) Federal Agencies and Employees. — ^In any case in which f
a conservator appointed under this subtitle is a Federal agency
or an officer or employee of the Federal Government, the provisions
of chapters 161 and 171 of title 28, United States Code, shall
apply with respect to the liability of the conservator for acts or
I
PUBLIC LAW 102-550— OCT. 28, 1992
106 STAT. 3985
oissions performed pursuant to and in the course of the duties
id responsibilities of the conservatorship.
(b) Other Conservators. — ^In anv case where the conservator
not a conservator described in subsection (a), the conservator
tail not be personally liable for damages in tort or otherwise
r acts or omissions performed pursuant to and in the course
the duties and resj^nsibilities of the conservatorship, unless
Lch acts or omissions constitute g^ss negligence or any form
intentional tortious conduct or criminal conduct.
(c) Indemnification. — ^The Director, with the approval of the
btomejr General, may indemnify the conservator on such terms
i the Director considers appropriate.
SC. 1369C. CAPITAL RESTORATION PLANS. 12 USC 4622.
(a) Contents. — ^Each capital restoration plan submitted under
is subtitle shall set forth a feasible plan tor restoring the core
pital of the enterprise subject to the plan to an amount not
as than the minimum capital level for the enterprise and for
storing the total capital oi the enterprise to an amount not less
lan the risk-based capital level for the enterprise. Each capital
storation plan shall —
(1) specify the level of capital the enterprise will achieve
and maintain;
(2) describe the actions that the enterprise will take to
become classified as adequately capitalized;
(3) establish a schedule for completing the actions set forth
in the plan;
(4) specify the types and levels of activities (including exist¬
ing and new programs) in which the enterprise vtdll engage
during the term of the plan; and
(5) describe the actions that the enterprise vidll take to
comply with any mandatory and discretionary requirements
imposed under this subtitle.
(b) Deadlines for Submission.— The Director shall, by regida-
9n, establish a deadline for submission of a capital restoration
an, which may not be more than 45 days after the enterprise
notified in writing that a plan is required. The regulations
lall provide that the Director may extend the deadline to the
:tent that the Director determines it necessary. Any extension
‘ the deadline shall be in writing and for a time certain.
(c) Approval. — The Director shall review each capital restora-
on plan submitted under this section and, not later than 30
iys after submission of the plan, approve or disapprove the plan,
he Director may extend the pericd for approval or dis^proval
r any plan for a single additional 30-day period if the Director
^termines it necessary. The Director shcdl provide written notice
) any enterprise submitting a plan of the approval or disapproval
the plan (which shall include the reasons for any disapproval
the plan) and of any extension of the period for approval or
isapproval.
(d) Resubmission. — If the Director disapproves the initial cap-
al restoration plan submitted by the enterprise, the enterprii^
lall submit an amended plan acceptable to the Director within
[) days or such longer period that the Director determines is
i the public interest.
EC. 1369D. JUDICIAL REVIEW OF DIRECTOR ACTION.
(a) Jurisdiction.— - ^
Regulations.
12 USC 4623.
)6 STAT. 3986
PUBLIC LAW 102-550— OCT. 28, 1992
12 use 4631.
(1) Filing of petition. — An enterprise that is not classified
as critically undercapitalized and is the subject of a classifica¬
tion under section 1364 or a discretionary supervisory action
taken under this subtitle by the Director (other than action
to appoint a conservator under section 1366 or 1367 or action
\inder section 1369) may obtain review of the classification
or action by filing, within 10 days after receiving written notice
of the Director’s action, a written petition requesting that the
classification or action of the Director be modified, terminated,
or set aside.
(2) Place for filing.— A petition filed pursuant to this
subsection shall be filed in the United States Court of Appeals
for the District of Columbia Circuit.
(b) Scope of Review. — ^The Court may modify, terminate, or
set aside an action taken by the Director and reviewed by the
Court pursuant to this section only if the court finds, on the record
on which the Director acted, that the action of the Director was
arbitrary, capricious, an abuse of discretion, or otherwise not in
accordance with applicable laws.
(c) Unavailability of Stay. — The commencement of proceed¬
ings for judicial review pursuant to this section shall not operate
as a stay of any action taken by the Director. Pending judicial
review of the action, the court shall not have jurisdiction to stay,
enjoin, or otherwise delay any supervisory action taken by the
Director with respect to an enterprise that is classified as signifi¬
cantly or critically undercapitalized or any action of the Director
that results in the classification of an enterprise as significantly
or critically undercapitalized.
(d) Limitation on Jurisdiction.— Except as provided in this
section, no court shall have jurisdiction to affect, by injunction
or otherwise, the issuance or effectiveness of any classification
or action of the Director under this subtitle (other than appointment
of a conservator under section 1366 or 1367 or action under section
1369) or to review, modify, suspend, terminate, or set aside such
classification or action.
Subtitle C — Enforcement Provisions
SEC. 1371. cease-and-desist PROCEEDINGS.
(a) Grounds for Issuance Against Adequately Capitalized
ENTERPHISES.--The Director may issue and serve a notice of charges
under this section upon an enterprise that is classified (for purposes
of subtitle B) as adequately capitedized or upon any executive officer
or director of such an enterprise, if in the determination of the
Director, the enterprise, executive officer, or director is engaging
or has engaged, or the Director has reasonable cause to j^lieve
that the enterprise, executive officer, or director is about to engage,
in —
(1) any conduct that threatens to cause a signifiesmt deple¬
tion of the core capital of the enterprise;
(2) £my conduct or violation that may result in the issuance
of an order described in subsection (dXD; or
(3) any conduct that violates —
(A) any provision of this title, the Federal National
Mortgage Association Charter Act, the Federal Home Loan
Mortgage Corporation Act, or any order, rule, or regulation
PUBLIC LAW 102-550— OCT. 28, 1992
106 STAT. 3987
under any such title or Act, except that the Director may
not enforce con^liance with any housing goal established
under subpart B of part 2 of subtitle A of this title, with
section 1336 or 1337 of this title, or with subsection (m)
or (n) of section 309 of the Federal National Mortgage
Association Charter Act or subsection (e) or (f) of section
307 of the Federal Home Loan Mortgage Corporation Act;
or
(B) any written agreement entered into by the enter¬
prise with the Director.
(b) Grounds for Issuance Against Undercapitalized,
GNIFICANTLY UnDERCAPITAUZED, AND CRITICALLY
^ERCAPITAUZED ENTERPRISES. — ^The Director may issue and
rve a notice of charges under this section upon an ente^rise
issified (for purroses of subtitle B) as undercapitalized, signifi-
ntly undercapitmized, or critically undercapitalized, or any execu-
re officer or director of any such enterprise, if in the determination
the Director the enterprise, executive officer, or director is engag-
g or has engaged, or the Director has reasonable cause to beheve
at the enterprise, executive officer, or director is about to engage,
(1) any conduct likely to result in a matericd depletion
of the core capital of the enterprise, or
(2) any conduct or violation described in paragraph (2)
or (3) of subsection (a),
cept that the Director may not enforce compliance with any
lusing goal established unoer subpart B of part 2 of subtitle
of this title, with section 1336 or 1337 of this title, or with
bsection (m) or (n) of section 309 of the Federal National Mortgage
tsociation Charter Act or subsection (e) or (f) of section 307 of
e Federal Home Loan Mortgage Corporation Act.
(c) Procedure.—
(1) Notice of charges. — ^Each notice of charges under
this section shall contain a statement of the facts constituting
the alleged conduct or violation and shall fix a time and place
at which a hearing will be held to determine on the record
whether an order to cease and desist from such conduct or
violation should issue.
(2) Issuance of order. — If the Director finds on the record
made at such hearing that any conduct or violation specified
in the notice of charges has been established (or the enterprise
consents pursuant to section 1373(aX4)), the Director may issue
and serve upon the enterprise, executive officer, or director
an order requiring such party to cease and desist from any
such conduct or violation and to take affirmative action to
correct or remedy the conditions resulting from any such con¬
duct or violation.
(d) Affirmative Action To Correct Conditions Resulting
lOM Violations or Activities.— The authority under this section
id section 1372 to issue any order requiring an enterprise, execu¬
te officer, or director to take adfirmative action to correct or
medy any condition resulting from anv conduct or violation with
spect to which such order is issued includes the authority —
(1) to require an executive officer or a director to make
restitution to, or provide reimbursement, indemnification, or
guarantee against loss to the enterprise to the extent that
such person —
.06 STAT. 3988
PUBLIC LAW 102-550— OCT. 28, 1992
12 use 4632.
(A) was myustly enriched in connection with such con¬
duct or violation; or
(B) engaged in conduct or a violation that would subject
such person to a civil penalty pursuant to section
1376(bX3);
(2) to require an enterprise to seek restitution, or to obtain
reimbursement, indemnification, or guarantee against loss;
(3) to restrict the ^owth of the enterprise;
(4) to require the enterprise to dispose of any asset
involved;
(5) to require the enterprise to rescind agreements or
contracts;
(6) to require the enterprise to employ qualified officers
or employees (who may be subject to approval by the Director
at the direction of the Director); and
(7) to require the enterprise to take such other action
as the Dkector determines appropriate.
(e) Authority To Limit Activities.— The authority to issue
an order under this section or section 1372 includes the authority
to place limitations on the activities or functions of the enterprise
or any executive officer or director of the enterprise.
(f) Effective Date. — ^An order under this section shall become
effective upon the expiration of the 30-day period beginning on
the service of the order upon the enterprise, executive officer, or
(Sector concerned (except in the case of an order issued upon
consent, which shall become effective at the time specified therein),
and shall remain effective and enforceable as provided in the order,
except to the extent that the order is stayed, modified, terminated,
or set aside by action of the Director or otherwise, as provided
in this subtitle.
SEC. 1372. TEMPORARY CEASE-AND-DESIST ORDERS.
(a) Grounds for Issuance and Scope.— Whenever the Director
determines that any conduct or violation, or threatened conduct
or violation, specified in the notice of charges served upon the
enterprise, executive officer, or director pursuant to section 1371
(a) or (b), or the continuation thereof, is likely —
(1) to cause insolvency,
(2) to cause a signincant depletion of the core capital of
the enterprise, or
(3) otherwise to cause irreparable harm to the enterprise,
prior to the completion of the proceedings conducted pursuant to
section 1371(c), the Director may issue a temporary order requiring
the enterprise, executive officer, or director to cease and desist
from any such conduct or violation and to take sd&rmative action
to prevent or remedy such insolvency, depletion, or harm penciling
completion of such proceedings. Such order may include any require¬
ment authorized under section 1371(d).
(b) Effective Dato. — ^An order issued pursuant to subsection
(a) shall become effective upon service upon the enterprise, execu¬
tive officer, or director and, unless set aside, hmited, or suspended
by a court in proceedings pursuant to subsection (d), shall remain
in effect and enforceable pending the completion of the proceedings
Sursuant to such notice and shall remain effective until the Director
ismisses the charges specified in the notice or until superseded
by a cease-and-desist order issued pursuant to section 1371.
(c) Incomplete or Inaccurate Records.—
iUD oi Ai. dyoy
(1) Temporary order. — ^If a notice of charges served under
section 1371 (a) or (b) specifies on the basis of particular facts
and circumstances that the books and records of the enterprise
served are so incomplete or inaccurate that the Director is
unable, through the normal supervisory process, to determine
the financial condition of the enterprise or the details or the
purpose of any trcmsaction or transactions that may have a
material effect on the financial condition of that enterprise,
the Director may issue a temporary order requiring —
(A) the cessation of any activity or practice which gave
rise, whether in whole or in part, to the incomplete or
inaccurate state of the books or records; or
(B) Edflrmative action to restore ^e books or records
to a complete and accurate state.
(2) Effective period. — ^Any temporary order issued under
paragraph (1) —
(A) shall become effective upon service; and
(B) unless set aside, limited, or suspended by a court
in proceedings pursuant to subsection (d), shall remain
in effect and enforceable until the earlier of —
(i) the completion of the proceeding initiated under
section 1371 in connection with the notice of charges;
or
(ii) the date the Director determines, by examina¬
tion or otherwise, that the books and records of the
enterprise are accurate and reflect the financial condU-
tion of the enterprise.
(d) Judicial Review. — An enterprise, executive officer, or direc-
' that has been served with a temporary order pursuant to this
:tion m^ apply to the United States District Court for the
strict of Columbia within 10 days after such service for an ipjunc-
n setting aside, limiting, or suspending the enforcement, oper-
ion, or effectiveness of the order pending the completion of the
ministrative proceedings pursuant to the notice of cnarges served
on the enterprise, executive officer, or director under section
71 (a) or (b). Such court shall have jurisdiction to issue such
unction.
(e) Enforcement by Attorney General.— In the case of viola-
in or threatened violation of, or failure to obey, a temporary
ler issued pursuant to this section, the Director may request
e Attorney General of the United States to bring an action in
e United States District Court for the District of Columbia for
injunction to enforce such order or may, under the direction
d control of the Attorney General, bring such an action. If the
art finds any such violation, threatened violation, or failure to
y, the court shall issue such injunction.
C. 1373. HEARINGS.
(a) Requirements.—
(1) Venue and record. — Any hearing under section 1371
or 1376(c) shall be held on the record and in the District
of Columbia.
(2) Timing. — Any such hearing shall be fixed for a date
not earlier than 30 days nor later than 60 days after service
of the notice of charges under section 1371 or determination
to impose a penalty under section 1376, unless an earlier or
12 use 4633.
106 STAT. 3990
PUBLIC LAW 102-550— CXrr. 28, 1992
12 use 4634.
12 use 4635.
a later date is set by the hearing officer at the request of
the party served.
(3) Procedure.— Any such hearii^ shall be conducted in
accordance with chapter 5 of title 5, United States Code.
(4) Failure to appear.— If the party served fails to appear
at tte hearing through a duly authorize representetive, such
party shall be deemed to have consented to the issuance of
the cease-and-desist order or the imposition of the penalty
for which the hearing is held.
(b) Issuance of Order.—
(1) In general.— After any such hearing, and within 90
days after the parties have b^n notified t£mt the case has
been submitt^ to the Director for final decision, the Director
shall render the decision (which shall include findings of fact
upon whidi the decision is predicated) and shall issue and
serve upon each party to the proceeding an order or orders
consistent with the provisions of this subtiue.
(2) Modification.— Judicial review of any such order shall
be mtdusively as provided in section 1374. l^ess such a peti¬
tion for review is timely filed as provided in section 1374,
and thereafter until the record in the proceeding been
filed as so provided, the Director may at any time, modify,
terminate, or set aside an^ such order, upon such notice ana
in such manner as the Duoctor considers proper. Upon such
filing of the record, the Director may mooify, tenmnato, or
set aside any such order with permission of the court.
SEC. 1874. JUDICIAL REVIEW.
(a) Commencement.— Any parfy to a proceeding under section
1371 or 1376 m^ obtain review of any nnal order issued under
such section by ming in the United States Court of Appeals for
the District of Columbia Circuit, within 30 days after the date
of service of such order, a written petition praying that the order
of the Director be modified, terminated, or set aside. The derk
of file court shall transmit a copy of the petition to the Director.
(b) Filing of Record. — Upon receiving a copy of a petition,
the Director shall file in the court the record in the proceeding,
as provided in section 2112 of title 28, United States Code.
(c) Jurisdiction. — ^Upon the filing of a petition, such court
shall have jurisdiction, which upon the filing of the record by
the Director shall (except as provided in the last sentence of section
1373(bX2)) be exclusive, to affirm, modify, terminate, or set aside,
in whole or in part, the order of the Director.
(d) Review. — ^Review of such proceedings shall be governed
by chapter 7 of title 5, United States Code.
(e) Order To Pay Penalty. — Such court shall have the author¬
ity in any such review to order payment of any penalty imposed
by the Director under this subtitle.
(f) No Automatic Stay. — ^The commencement of proceeding
for judicial review under this section shall not, unless specifically
ordered by the court, operate as a stay of any order issued by
the Director.
SEC. 1876. ENFORCEMENT AND jurisdiction.
(a) Enforcement. — ^The Director may request the Attorney
General of the United States to bring an action in the United
States District Court for the District of Columbia for the enforce¬
ment of any effective notice or order issued under fiiis subtitle
' subtitle B or may, under the direction and control of the Attorney
eneral, bring suw an action. Such court shall have jurisdiction
id power to order and require compliance herewith.
(b) Limitation on Jurisdiction.— Except as otherwise provided
this subtitle and sections 1369 and 1369D, no court shidl have
risdiction to affect, by injunction or otherwise, the issuance or
iforcement of ai^ notice or order under section 1371, 1372, or
(76, or subtitle B, or to review, modify, suspend, terminate, or
t aside any such notice or order.
SC. 187S. CIVIL MONEY PENALTIES.
(a) In General. — ^The Director may impose a dvil money pen-
y in accordance with this section on anv enterprise, or any
:ecutive officer or director of any enterprise, that —
(1) violates any provision of this title, the Federal National
Mortgage Association Charter Act, the Federal Home Loan
Mortgage Corporation Act, or any order, rule, or regulation
under any such title or Act, except that the Director may
not enforce compliance with any housing goal established under
subpart B of part 2 of subtitie A of this title, with section
1336 or 1337 of this title, or with subsection (m) or (n) of
section 309 of the Federal National Mortgage Association Char¬
ter Act or subsection (e) or (f) of section 307 of tiie Federal
Home Loan Mortgage Corporation Act;
(2) violates any final or ten^rary order issued pursuant
to section 1365, 13^, 1371, or 1372;
(3) violates any written agreement between the enterprise
and the Director; or
(4) engages in any conduct that causes or is likely to
cause a loss to the enterprise.
(b) Amount of Penalty.—
(1) First tier. — ^The Director ma^ impose a penalty on
an enterprise for any violation described in paragraphs (1)
through (3) of subsection (a). The amount of a penalty under
this paragraph shall not exceed $5,000 for earn day that a
violation continues.
(2) Second her. — ^The Director may impose a penalty on
an executive officer or director in an amount not to exceed
$10,000, or on an enterprise in an amount not to exceed
$25,000, for each da^ that a violation or conduct described
in subsection (a) contmues, if the Director finds that the viola¬
tion or conduct —
(A) is part of a pattern of misconduct; or
(B) involved recklessness and caused or would be likely
to cause a material loss to the enterprise.
(3) IteRD TIER. — ^The Director may impose a penalty on
an executive officer or director in an amount not to exceed
$100,000, or on an enteiprise in an amount not to exceed
$1,000,000, for each day that a violation or conduct described
in subi^tion (a) continues, if the Director finds that the viola¬
tion or conduct was knowing and caused or would be likely
to cause a substantial loss to the enterprise.
(c) Procedures.—
(1) Establishment. — ^The Director shall establish stand¬
ards and procedures governing the imposition of civil money
penalties under subse^ons (a) and G>L Such standards and
procedures —
12 use 4636.
59-194 0—93 - 12 : QL 3 (Pt. 5)
[)6 STAT. 3992
PUBLIC LAW 102-550— OCT. 28, 1992
12 use 4637.
(A) shall provide for the Director to notify the enter¬
prise in writing of the Director’s determination to impose
the penalty, which shall be made on the record;
(B) shall provide for the imposition of a penalty only
after the enterprise, executive officer, or director has been
given an opportunity for a hearing on the record pursuant
to section 1373; and
(C) may provide for review by the Director of any
determination or order, or interlocutory ruling, arising from
(2) Factors in determining amount of penalty.— In
determining the amount of a penalty under this section, the
Director shall give consideration to such factors as the gravity
of the violation, any history of prior violations, the effect of
the penally on the safety and soundness of the enterprise,
any ii^jury to the public, any benefits received, and deterrence
of future violations, and any other factors the Director may
determine by regulation to be appropriate.
(3) Review of imposition of penalty.— The order of the
Dire^r imposing a penalty under this section shall not be
subject to review, except as provided in section 1374.
(d) Action To Collect Penalty. — ^If an enterprise, executive
officer, or director fails to comply with an order of the Director
imposing a civil money penalty under this section, after the order
is no longer subject to review as provided under subsection (cXD
and section 1374, Ihe Director may request the Attorney Gleneral
of the United States to bring an action in the United States District
Court for the District of Cmumbia to obtain a monetary judgment
against the enterprise, executive officer, or director and such other
r^ef as may be available, or may, under the direction and control
of the Attorney General, bring such an action. The monetary judg¬
ment may, in the discretion of the court, include any attorneys
fees and other expenses incurred by the United States in connection
with the action. In an action under this subsection, the validity
and appropriateness of the order of the Director imposing the pen¬
alty shall not be subject to review.
(e) Settlement by Director. — ^The Director may compromise,
modify, or remit any civil money penalty which may be, or has
been, imposed under this section.
(f) Availabiuty of Other Remedies.— Any civil money TOnalfy
under this section shall be in addition to any other availame civil
remedy and may be imposed whether or not the Director imposes
other administrative sanctions.
(g) PROHiBrnoN OF Reimbursement or Indemnification. —
An enterprise may not reimburse or indemnify any individual for
any anally imposed under subsection G>X3).
(h) Deposit of Penalties. — The Director shall deposit any
dvil money penalties collected under this section into the general
fund of the iSreasury.
(i) Appucabiuty.— A ^nalty under this section may be
imposed only for conduct or violations under subsection (a) occurring
after the date of the enactment of this Act.
SEC. 1377. NOTICE AFTER SEPARATION FROM SERVICE.
The r^ignation, termination of employment or participation,
or separation of a director or executive officer of an enterprise
shall not affect the jurisdiction and authority of the Director to
'ector or executive officer, if such notice is served before the
d of the 2-year period beginning on the date such director or
scutive officer ceases to be associated with the enterprise.
C. 1378. PRIVATE RIGHTS OF ACTION.
This title^ and the amendments made by this title shall not
»ate any private right of action on behalf of any person against
enterprise, or any director or executive officer of an enterprise,
impair any existing private right of action under other apphcable
V.
C. 1379. PUBLIC DISCLOSURE OF FINAL ORDERS AND AGREE¬
MENTS.
(a) In General. — ^The Director shall make available to the
blic—
(1) an;^ written agreement or other written statement for
which a violation may be redressed by the Director or any
modification to or termination thereof unless the Director,
in the Director’s discretion, determines that public disclosure
would be contrary to the public interest;
(2) any order that is issued with respect to any administra¬
tive enforcement proceeding initiated by the Director under
this subtitle and that has become final in accordance wdth
sections 1373 and 1374; and
(3) any modification to or temmation of any final order
made public pursuant to this subsection.
(b) Hearings. — ^All hearings on the record writh respect to any
tice of charges issued bv the Director shall be open to the public,
less the Director, in tne DirecWs discretion, determines that
Iding an open hearing would be contrary to the public interest.
(c) Delay of Public Disclosure Under Exceptional Cir-
MSTANCES. — If the Director makes a determination in writing
Bit the public disclosure of any final order pursuant to subsection
I woula seriously threaten the financial health or security of
s enterprise, the Director may delay the public disclosure of
ch order for a reasonable time.
(d) Documents Filed Under Seal in Pubuc Enforcement
SARINGS. — ^The Director may file any document or part thereof
ider seal in any hearing commenced by the Director if the Director
termines in waiting that disclosure thereof would be contrary
the public interest.
(e) Retention of Documents. — ^The Director shall keep and
lintcdn a record, for not less than 6 years, of all documents
scribed in subsection (a) and all er^orcement agreements and
ler supervisory actions and supporting documents issued with
spect to or in connection with aiiy enforcement proceeding initi-
ea by ffie Director under this subtitle or any other law.
(f) Disclosures to Congress.— This section may not be con-
nied to authorize the withholding, or to prohibit the disclosure,
any information to the Congress or any committee or subcommit-
3 thereof.
IC. 1379A NOTICE OF SERVICE.
Any service required or authorized to be made by the Director
ider this subtitle may be made by registered mail, or in such
her manner reasonably calculated to give actual notice as the
rector may by regulation or otherwise provide.
12 use 4638.
12 use 4639.
Records.
12 use 4640.
)6 STAT. 3994
PUBLIC LAW 102-550— OCT. 28, 1992
l use 4641.
SEC. 1379B. SUBPOENA AUTHOBITY.
(a) In General. — ^In the course of or in connection with anv
administrative proceeding under this subtitle, the Director shall
have the authority—
(1) to administer oaths and afi&rmations;
(2) to take and preserve testimony under oath;
(3) to issue simpoenas and subpoenas duces tecum; and
(4) to revoke, quash, or modify subpoenas and subp^nas
duces tecum issued W the Director.
Cb) Witnesses and Imcuments. — ^The attendance of witnesses
and the production of documents provided for in ^s section may
be requi^ from any place in any State at any designated place
where sudi proceeding is being conducted.
(c) Enforcement. — ^The Director may request the Attorney
General of the United States to bring an action in the United
States district court for the judicial district in which such proceeding
is being conducted, or where the witness resides or conducts busi¬
ness, or the United States District Court for the District of Colum¬
bia, for enforcement of any subpoena or subpoena duces tecum
issued pursuant to this section or may, under tiie direction and
control of the Attorney General, bring such an action. Such courts
shall have jurisdiction and power to order and require compliance
therewith.
(d) Fees and Expenses. — ^Witnesses subpoenaed under this
section shall be paid the same fees and mile^e that are paid
witnesses in the district courts of the United States. Any court
having jurisdiction of any proceeding instituted under this section
by an enterprise may allow to any such party such reasonable
expenses and attorneys fees as the court deems just and proper.
Such expenses and fees shall be paid by the enterprise or f^m
its assets.
Subtitle D — ^Amendments to Charter Acts
of Enterprises
SEC. 1381. AMENDMENTS TO FEDERAL NATIONAL MORTGAGE
ASSOCIATION CBARTER ACT.
(a) Purposes. — Section 301 of the Federal National Mortgage
Association Charter Act (12 U.S.C. 1716) is amended —
(1) by striking 'home” each place it appears and inserting
“residential”;
(2) in paragraph (3) —
(A) by string the parentheses and all the matter
conti^ed therein and inserting the foUovnng: “(including
activities relating to mortgages on housing for low- and
moderate-income families involving a reasonable economic
return that may be less than the return earned on other
activities)”; and
(B) Iw string “and” at the end;
(3) by redesignating paragraph (4) as paragraph (6);
(4) by insertmg after paragraph (3) the foUowing new para¬
graph:
“(4) promote access to mortgage credit throughout the
Nation (mcluding central cities, rur^ areas, and underserved
areas) by increasmg the liquidity of mortgage investments and
PUBLIC LAW 102-550— OCT. 28, 1992
106 STAT. 3995
improving the distribution of investment capital available for
residentid mortgage financing; and”.
(b) High Cost Aiu:as. — ^The last sentence of section 302(bX2)
' the Feder^ National Mortgage Association Charter Act (12 U.S.C.
717(bX2)) is amended by striking **and Hawaii” and inserting
iawaii, and the Virgin Islands”.
(c) Secretary’s Approval Authority.— Section 302(b) of the
ederal National Mortgage Association Charter Act (12 U.S.C.
17(bX2)) is amended —
(1) in the first sentence of paragraph (2), by striking **and
with the approval of the Secretary of Housing and Urban Devel¬
opment,”;
(2) in the first sentence of param*aph (3), 1^ striking
with the approval of the Secretary of Housing and Urban Devel¬
opment,”;
(3) in the first sentence of param*ai)h (4), striking
with the approval of the Secretary of Housing and Urban Devel¬
opment,”; and
(4) by adding at the end the following new paragraph:
“(6) The corporation may not implement arw new program
is such term is defined in section 1303 of the Federal Housing
nterprises Financial Safety and Soundness Act of 1992) before
)taining the approval of the Secretary under section 1322 of such
ct.”.
(d) Capit^ization. — Section 303 of the Federal National Mort-
ige Association Charter Act (12 U.S.C. 1718) is amended —
(1) in subsection (a), by inserting after the period at the
end the following new sentence: “The corporation may issue
shares of common stock in return for appropriate payments
into capital or capital and surplus.”;
(2) by striking subsections (b) and (c) and inserting the
following new subsections:
“(bXD 1%e coloration may impose charges or fees, which may
i regarded as elements of pricing, with the objective that ail
»sts and expenses of the operations of the corporation should
i within its income derived from such operations and that such
}erations should be fully self-supporting.
“(2) All earnings from the operations of the corporation shall
inually be transferred to the general surplus account of the cor-
)ration. At any time, funds of the general surplus account may,
I the discretion of the board of directors, be transferred to reserves.
“(cXD Except as provided in paragraph (2), the corporation
lay make such capital distributions (as such term is defined in
action 1303 of the Federal Housing Enterprises Financial Safety
id Soundness Act of 1992) as may be declared by the board
' directors. All capital distributions shall be charged against the
meral surplus account of the corporation.
“(2) The corporation may not make any capital distribution
lat would decrease the total capital of the corporation (as such
irm is defined in section 1303 of the Federal Housing Enterprises
inancial Safety and Soundness Act of 1992) to an amount less
lan the risk-based capital level for the corporation established
nder section 1361 of such Act or that would decrease the core
ipital of the corporation (as such term is defined in section 1303
' such Act) to an amount less than the minimum capital level
r the corporation established under section 1362 of such Act,
ithout prior written approval of the distribution by the Director
)6 STAT. 3996
PUBLIC LAW 102-550— OCT. 28, 1992
12 use 1723
note.
of the Office of Federal Housing Enterprise Oversic^t of the Depart¬
ment of Housing and Urban Development.”;
(3) in subsection (0—
(A) bv striking ‘In make payments** and all that follows
thmiigh *4u^ capital contributions,*'; and
(B) by strUong “additional shim of such stock,** and
inserting “shares of common stock of the oorporation**; and
(4) bv redesignating subsection (f) (as so amended) as sub¬
section id).
(e) Ratio of Obligations. — Section 304 of the Federal National
Mortgage Association Charter Act (12 U.S.C. 1719) is amended —
(1) in subsection (b), by striking the semicolon in the first
sentence and all that follows through the end of the second
sentence and inserting a period; and
(2) in subsection (e), by striking the fourth sentence.
(f) Statement in Securities. — Sl^on 304(d) of the Federal
National Mortgage Association Charter Act (12 U.S.C. 1719(d))
is amended by inserting after the period at the end the following
new sentence: “The corporation shall insert appropriate language
in all of ffie securities issued under this subsection clearly indicating
that such securities, together with the interest thereon, are not
guaranteed by the United States and do not constitute a debt
or obli^tion of the United States or any agency or instrumentality
thereof other than the corporation.”.
(g) Assessments for Office of Federal Housing Enterprise
Oversight.— The first sentence of section 304(f) of the Federal
National Mortgage Association Charter Act (12 U.S.C. 1719(f)) is
amended by inserting before the first comma the following: “of
this Act and assessments pursuant to section 1316 of the Federal
Housing Enterprises Financial Safety and Soundness Act of 1992”.
(h) ^ARD OF Directors.—
(1) In general. — ^The second sentence of section 308(b)
of the Federal National Mortgage Association Charter Act (12
U.S.C. 1723(b)) is amended-^
(A) by strik^ “and” after the second comma; and
(B) by inserting before the period at the end the follow¬
ing: “, and at least one person from an organization that
has represented consumer or community interests for not
less than 2 years or one person who nas demonstrated
a career commitment to the provision of housing for low-
income households”.
(2) Implementation. — ^The amendments made by para¬
ph (1) shall apply to the first annual appointment by the
isident of members to the board of directors of the F^eral
National Mortgage Association that occurs after the date of
the enactment of this Act.
(i) Removal Authority of President.— The third sentence
of section 308(b) of the Federal National Mortgage Association
Charter Act (12 U.S.C. 1723(b)) is amended by inserti^ “appointed”
after “aiw such”.
(j) (Compensation. — Section 309(d) of the Federal National
Mortgage Association Charter Act (12 U.S.C. 1723a(d)) is
amended—
(1) in the first sentence of paragraph (2) by striking “as
it nmy determine” and inserting the foUowmg: “as the board
of dirb^rs determines reasonaole and comparable with com¬
pensation for employment in other similar businesses (including
PUBLIC LAW 102-550— OCT. 28, 1992
106 STAT. 3997
other publicly held financial institutions or msgor financial
services companies) involving similar duties and responsibil¬
ities, except tnat a significant portion of potential compensation
of all executive officers (as such term is defined in paragraph
(3XC)) of the corooration shall be based on the performance
of the corporation*^; and
(2) by adding at the end the following new paragraph:
“(3XA) Not later than June 30, 1993, and annually thereafter,
e corporation shall submit a report to the Committee on Banking,
nance and Urban Affairs of tne House of Representatives and
e Committee on Banking, Housing, and Urban Affairs of the
mate on (i) the compar^ility of the comi^nsation policies of
e corporation with the compensation policies of other similar
Lsinesses, (ii) in the aggregate, the percentage of total cash com-
insation and payments under employee benefit plans (which shall
! defined in a manner consistent with the coimoration’s proxy
atement for the annual meeting of shareholders for the preceding
sar) earned by executive officers of the corporation during the
eceding year that was based on the corporation’s performance,
id (iii) the comparability of the corporations financial performance
ith the performance of other similar businesses. The report shall
lude a copy of the corporation’s proxy statement for the annual
eeting of shareholders for the preceding year.
“(B) Notwithstanding the first sentence of paragraph (2), after
e date of the enactment of the Federal Housing Enterprises
nancial Safety and Soundness Act of 1992, the corporation may
>t enter into any agreement or contract to provide any payment
money or other thing of current or potential value in connection
ith the termination of employment of any executive officer of
e corporation, unless such agreement or contract is approved
advance by the Director of the Office of Federal Housing Enter-
ise Oversight of the Department of Housing and Urban Develop-
ent. The Director may not approve any such agreement or contract
iless the Director determines that me benefits provided under
le agreement or contract are comparable to benefits under such
p*eements for officers of other public and private entities involved
financial services and housing interests who have comparable
ities and responsibilities. For purposes of this subparagraph, any
negotiation, amendment, or change after such date of enactment
any such agreement or contract entered into on or before such
ite of enactment shall be considered entering into an agreement
‘ contract.
“(C) For purposes of this paragraph, the term 'executive officer*
IS ffie meaning given the term in section 1303 of the Federal
using Enterprises Financial Safety and Soundness Act of 1992.”.
(k) General Regulatory Authority.— Section 309 of the Fed-
al National Mortgage Association Charter Act (12 U.S.C. 1723a)
amended by striking subsections (h) and (i).
(l) GAO Audits.-— Bection 309(j) of the Federal National Mort-
ige Association Charter Act (12 U.S.C. 1723a(j)) is amended —
(1) by inserting “(1)” after “(j)”;
(2) by striking the first sentence and inserting the following
new sentence: “The programs, activities, receipts, expenditures,
and financial transactions of the conporation shall be subject
to audit by the Comptroller General oi the United States under
such rules and regulations as may be prescribed by the
Comptroller General.”; and
Reports.
)6 STAT. 3998
PUBLIC LAW 102-550-OCT. 28, 1992
(3) by adding at the end the following new paragraph:
*\2) To carry out this subsection, the representatives of the
General Aorounting Office shall have access, upon request to the
corporation or any auditor for an audit of the corporation under
subsection (1), to any books, accounts, financial records, reports,
files, or other papers, thinm, or property belonging to or in use
by the corporation and used in any such audit and to any papers,
records, files, and reports of the auditor used in such an audit.”.
(m) Financial Reports to Director.— Section 309 of the Fed¬
eral National Mortgage Association Charter Act (12 U.S.C. 1723a)
is amended by admng at the end the following new subsection:
"(kXD The corporation shaU submit to the Director of the
Office of Federal Housing Enterprise Oversight of the Department
of Housing and Urban Development annual and quarterly reports
of the financial condition and operations of the corporation which
shall be in such form, contain such information, and be submitted
on such dates as the Director shall require.
"(2) Each such annual report shaU include —
"(A) financial statements prepared in accordance with gen-
eraUy accepted accounting principles;
**(B) any supplement information or alternative presen¬
tation that &e Director may require; and
**(C) an assessment of the end of the corporation’s
most recent fiscal year), signed by the chief executive officer
and chief accounting or financial officer of the corporation,
of—
**(i) the effectiveness of the internal control structure
and procedures of the corporation; and
^(ii) the compliance of the corporation with designated
safety and soundness laws.
**(3) The corporation shall also submit to the Director any
other reports required by the Director pursuant to section 1314
of the F^eral Housing Enterprises Financial Safety and Soundness
Act of 1992.
"(4) Each report of financial condition shall contain a declara¬
tion by the president, vice president, treasurer, or any other ofiRcer
designated by the board of directors of the corporation to make
such declaration, that the report is true and correct to the best
of such officer’s knowledge and belief.”.
(n) Audits of Financial Statements.— Section 309 of the
Federal National Mortgage Association Charter Act (12 U.S.C.
1723a) is amended by tdding after subsection (k) (as added by
subsection (m) of this section) the following new subs^ion:
“(1X1) The coiporation shall have an annual independent audit
made of its financiid statements by an independent public account¬
ant m accordance with generally accepted auditing standards.
“(2) In conducting an audit under this subsection, the in^pend-
ent public accountant shall determine and report on whether the
^ancial statements of the corporation (A) are presented fairly
in accordance with gener^y accepted accounting principles, and
(B) to the e^nt determine necessa^ by the Durector, comply
wth anv disclosure requirements imposed under subsed^n
(kX2XB).”.
(o) Mortgage Data Collection and Reporting Require-
^NTS. — Section 309 of the Federal National Mortgage Association
Charter Act (12 U.S.C. 1723a) is amended by adding after sub-
PUBLIC LAW 102-550— OCT. 28, 1992
106 STAT. 3999
ition (1) (as added by subsection (n) of this section) the following
w subsection:
“(mXD The corporation shall collect, maintain, and provide
the i^retary, in a form determined by the Secretary, data
ating to its mortgages on housing consisting of 1 to 4 dwelling
its. Such data shall include —
**(A) the income, census tract location, race, and gender
of mortgagors under such mortgages;
**(B) the loan-to-value ratios of purchased mortgages at
the time of orimnation;
**(C) whether a particular mortgage purchased is newly
originated or seasoned;
**(0) the number of units in the housing subject to the
mortgage and whether the units are owner-occupied; and
“(E) any other characteristics that the Secretary considers
appr^riate, to the extent practicable.
*‘(2) The corporation shall collect, maintain, and provide to
i Secretary, in a form determined by the Secretaiy, data relating
its mortgages on housing consisting of more than 4 dwelling
its. Such data shall include —
‘^(A) census tract location of the housing;
"(B) income levels and characteristics of tenants of the
housii^ (to the extent practicable);
“(C) rent levels for units in the housing;
“(D) mortgage characteristics (such as the number of units
financed per mortgage and the amount of loans);
“(E) mortgagor characteristics (such as nonprofit, for-profit,
limited equity cooperatives);
“(F) use of funds (such as new construction, rehabilitation,
refinancing);
“(G) type of originating institution; and
“(H) any other information that tiie Secretary considers
appropriate, to the extent practicable.
“(3XA) Except as provided in subparagraph (B), this subsection
■dl apply only to mortgages purchased by the corporation after
cember 31, 1992.
“(B) This subsection shall apply to any mortgage purchased
the corporation after the date determined under subparagraph
I if the mortgage was originated before such date, but only to
} extent that the data referred in paragraph (1) or (2), as
plicable, is available to the corporation. .
(p) Report on Housing Activities.— Section 309 of the Federal
itional Mortgage Association Charter Act (12 U.S.C. 1723a) is
tended by adding after subsection (m) (as added by subsection
of this section) the following new subsection:
“(nXD The corporation shall submit to the Committee on Bank-
Finance and Urban Affairs of the House of Representatives,
i Committee on Banking, Housing, and Urban Affairs of the
nate, and the Secretary a report on its activities under subpart
3f part 2 of subtitle A of the Federal Housing Enterprises Finan-
I Safety and Soundness Act of 1992.
“(2) The report under this subsection shall —
“(A) include, in ag^egate form and by appropriate category,
statements of the ddlar volume and number of mortgages
on owner-occupied and rental properties purchased which relate
to each of the annual housing goals established under such
subpart;
STAT. 4000
PUBLIC LAW 102-550— OCT. 28, 1992
iblic
brmation.
“(B) include, in agCTegate fonn and by appropriate category,
statements of the number of families served by the corporation,
the income class, race, and gender of homebuyers served, the
income class of tenants of rental housing (to the extent such
information is available), the characteristics of the census
tracts, and the geographic distribution of the housing financed;
“(C) include a statement of the extent to which the mort¬
gages purchased by the corporation have been used in coiyunc-
tion with public subsidy programs imder Federal law;
“(D) include statements of the proportion of mortgages
on housing consisting of 1 to 4 dwelling imits purchased by
the corporation that have been made to first-time homebuyers,
as soon as providing such data is practicable, and identifying
any special programs (or revisions to conventional practices)
facilitating homeownership opportunities for first-time home-
buyers;
“(E) include, in aggregate form and by appropriate category,
the data provided to the Secretary under subsection (m)(l)(B);
“(F) compare the level of securitization versus portfolio
activity;
“(G) assess underwriting standards, business practices,
repurchase requirements, pricing, fees, and procedures, that
affect the pmchase of mortgages for low- and moderate-income
families, or that may yield disparate results based on the
race of the borrower, including revisions thereto to promote
affordable housing or fair lending;
“(H) describe trends in both the primary and secondary
multifamily housing mortgage markets, including a description
of the progress made, and any factors impeding progress toward
standardization and securitization of mortgage products for
multifamily housing;
“(I) describe trends in the delinquency and default rates
of mortgages secured by housing for low- and moderate-income
families that have been purchased by the corporation, including
a comparison of such trends with delinquency and default
information for mortgage products serving households with
incomes above the median level that have been purchased
by the corporation, and evaluate the impact of such trends
on the standards and levels of risk of mortgage products serving
low- and moderate-income families;
“(J) describe in the aggregate the seller and servicer net¬
work of the corporation, including the volume of mortgages
purchased from minority-owned, women-owned, and commu¬
nity-oriented lenders, and any efforts to facilitate relationships
with such lenders;
“(K) describe the activities undertaken by the corporation
with nonprofit and for-profit organizations and with State and
local governments and housing finance agencies, including how
the corporation’s activities support the objectives of comprehen¬
sive housing affordability strategies under section 105 of the
Cranston-Gonzalez National Affordable Housing Act; and
“(L) include any other information that the Secretary
considers appropriate.
“(3)(A) The corporation shall make each report under this sub¬
section available to the public at the principal and regional offices
of the corporation.
PUBLIC LAW 102-550— OCT. 28, 1992
106 STAT. 4001
“(B) Before making a report under this subsection available
D the public, the corporation may exclude from the report informa-
lon that the Secretary has determined is proprietary information
inder section 1326 of the Federal Housing Enterprises Financial
iafety and Soundness Act of 1992.”.
(q) Housing Advisory Council.— Section 309 of the Federal
National Mortgage Association Charter Act (12 U.S.C. 1723a) is
mended by ad(^g after subsection (n) (as added by subsection
p) of this section) the following new subsection:
“(oXD Not later than 4 months after the date of enactment
f the Federal Housing Enterprises Financial Safety and Soimdness
Lct of 1992, the corporation shall appoint an Affordable Housing
idvisoiy Coimcil to advise the corporation regarding possible meth-
s for promoting affordable housing for low- and moderate-income
unilies.
“(2) The Affordable Housing Advisoiy Council shall consist of
5 individuals, who shall include representatives of community-
ased and other nonprofit and for-profit organizations and State
nd local government agencies actively engaged in the promotion,
evelopment, or financing of housing for low- and moderate-income
unilies.”.
(r) Stock Issuances. — ^The second sentence of section 311 of
he Federal National Mortgage Association Charter Act (12 U.S.C.
723c) is amended by striking all that follows “Commission” and
iserting a period.
(s) Technical Amendments.—
(1) Section 302(c) of the Federal National Mortgage Associa¬
tion Charter Act (12 U.S.C. 1717(c)) is amended —
(A) in paragraph (2) —
(i) in the first sentence following subparagraph
(F), by striking “him” and inserting “the trustor”; and
(ii) in the last sentence, by striking “his” each
place it appears and inserting “the trustor’s”; and
(B) in paragraph (3), by striking “he” each place it
appears and inserting “the trustor”.
(2) Section 304(c) of the Federal National Mortgage Associa¬
tion Charter Act (12 U.S.C. 1719(c)) is amended —
(A) by striking “his” each place it appears and inserting
“the Secretary’s”; and
(B) in the fourth sentence —
(i) by striking “he” and inserting “the Secretary”;
and
(ii) by striking “him” and inserting “the Secretary”.
(3) Section 309 of the Federal National Mortgage Associa¬
tion Charter Act (12 U.S.C. 1723a) is amended —
(A) in subsection (dX2) —
(i) in the third sentence, by striking “his employ¬
ment” each place it appears and inserting “the employ¬
ment of such officer or employee”; and
(ii) in the last sentence, by striking “his basic
pay” and inserting “the basic pay of such person”;
and
(B) in subsection (e), by striking “he or it” and inserting
“the individual, association, partnership, or corporation”.
)6 STAT. 4002
PUBLIC LAW 102-550— OCT. 28, 1992
12 use 1452
aote.
SEC. 1382. AMENDMENTS TO FEDERAL HOME LOAN MORTGAGE COR¬
PORATION ACT.
(a) Purposes.— Section 301(b) of the Federal Home Loan Mort¬
gage Corporation Act (12 U.S.C. 1451 note) is amended —
(1) by striking “home” each place it appears in paragraphs
(1) and (3) and inserting “residential”;
(2) by striking “antr at the end of paragraph (2);
(3) in paragraph (3>—
(A) by striking the parentheses and all the matter
contained therein and inserting the following: “(including
activities relating to mor^ages on housing for low- and
moderate-income families involving a reasonable economic
return that may be less than the return earned on other
activities)”; and
(B) by striking the period at the end and inserting
“; and”; and
(4) by adding at the end the folloMdng new paragraph:
“(4) to promote access to mortgage credit throughout the
Nation (including central cities, rural areas, and underserved
areas) by increasing the liquidity of mortgage investments and
improving the distribution of investment capital available for
residentiS mortgage financing.”.
(b) Definitions.— ^he third sentence of section 302(h) of the
Federd Home Loan Mortgage Corporation Act (12 U.S.C. 1451(h))
is amended by striking “made” and all that follows through
“305(a)(1)” and inserting “purchased from any public utility carrying
out activities in accordance with the requirements of title II of
the National Energy Conservation Policy Act if the residential mort¬
gage to be purchased is a loan or advance of credit the oririnal
proceeds of which are applied for in order to finance the purchase
and installation of residential ener^ conservation measures (as
defined in section 210(11) of the National Energy Conservation
Policy Act) in residential real estate”.
(c) Board of Directors.—
(1) In general. — ^The second sentence of section
303(a)(2XA) of the Federal Home Loan Mortgage Corporation
Act (12 U.S.C. 1452(a)(2XA)) is amended —
(A) by striking “and” after the second comma; and
(B) by inserting before the period at the end the follow¬
ing: “, and at least 1 person from an organization that
has represented consumer or community interests for not
less than 2 years or 1 person who has demonstrated a
career commitment to the provision of housing for low-
income households”.
(2) Implementation. — ^The amendments made by para¬
graph (1) shall apply to the first annual appointment by the
President of members to the Board of Directors of the Federal
Home Loan Mortgage Corporation that occurs after the date
of the enactment of this Act.
(d) Removal Authority op President.— Section 303(aX2XB)
of the Federal Home Loan Mortgage Corporation Act (12 U.S.C.
1452(aX2)(B)) is amended by inserting before the period at the
end the foUovmig: except that any appointed member may be
removed from office by the President for good cause”.
(e) General Regulatory Authority. — Section 303(b) of the
Federal Home Loan Mortgage Corporation Act (12 U.S.C. 1452(b))
is amended to read as follows:
PUBLIC LAW 102-550— OCT. 28, 1992
106 STAT. 4003
“(b)(1) Except as provided in paragraph (2), the Corporation
day make such capital distributions (as such term is defined in
ection 1303 of the Federal Housing Enterprises Financial Safety
jid Soundness Act of 1992) as may be declared by the Board
f Directors.
“(2) The Corporation may not make any capital distribution
hat would decrease the total capital of the Corporation (as such
rm is defined in section 1303 of the Federal Housing Enterprises
'inancial Safety and Soundness Act of 1992) to an amount less
ban the risk-based capital level for the Corporation established
inder section 1361 of such Act or that would decrease the core
apital of the Corporation (as such term is defined in section 1303
f such Act) to an amount less than the minimum capital level
3r the Coloration established under section 1362 of such Act,
without prior written approval of the distribution by the Director
f the Office of Federal Housing Enterprise Oversight of the Depart-
aent of Housing and Urban Development.”.
(f) Compensation.— Section 303 of the Federal Home Loan
Mortgage Corporation Act (12 U.S.C. 1452) is amended —
(1) in clause (9) of the first sentence of subsection (c),
by inserting after “agents” the following: “as the Board of
Directors determines reasonable and comparable with com¬
pensation for employment in other similar businesses (including
publicly held financial institutions or other mcijor financial
services companies) involving similar duties and responsibil¬
ities, except that a significant portion of potential compensation
of all executive officers (as such term is defined in subsection
(h)(3)) of the Corporation shall be based on the performance
of the Corporation”; and
(2) by adding at the end the following new subsection:
“(h)(1) Not later than June 30, 1993, and annually thereafter,
he Corporation shall submit a report to the Committee on Banking,
'inance and Urban Affairs of the House of Representatives emd
he Committee on Banking, Housing, and Urban Affairs of the
lenate on (A) the comparability of the compensation policies of
he Corporation with the compensation policies of other similar
usinesses, (B) in the aggregate, the percentage of total cash com-
lensation and payments under employee benefit plans (which shall
•e defined in a manner consistent with the Corporation’s proxy
tatement for the annual meeting of shareholders for the preceding
ear) earned by executive officers of the Corporation during the
•receding year that was based on the Corporation’s performance,
nd (C) the comparability of the Corporation’s financial performance
;rith the performance of other similar businesses. The report shall
ticlude a copy of the Corporation’s proxy statement for the annual
aeeting of shareholders for the preceding year.
“(2) Notwithstanding the first sentence of subsection (c), after
he date of the enactment of the Federal Housing Enterprises
financial Safety and Soimdness Act of 1992, the Corporation may
lot enter into any agreement or contract to provide any payment
f money or other thing of current or potential value in connection
idth the termination of employment of any executive officer of
he Corporation, unless such agreement or contract is approved
ti advance by the Director of the Office of Federal Housing Enter¬
prise Oversight of the Department of Housing and Urban Develop-
nent. The Director may not approve any such agreement or contract
inless the Director determines that the benefits provided imder
Reports.
36 STAT. 4004
PUBLIC LAW 102-550— OCT. 28, 1992
the agreement or contract are comparable to benefits under such
agreements for officers of other pubUc and private entities involved
in fitinnHnl services and housing interests who have comparable
duties and responsibilities. For purposes of this paragraph, any
renegotiation, amendment, or change after such date of enactment
to any such agreement or contract entered into on or before such
date of enactment shall be considered entering into an agreement
or contract.
“(3) For purposes of this subsection, the term ‘executive officer
has ffie mpflning given the term in section 1303 of the Federal
Housing Enterprises Financial Safety and Soundness Act of 1992.”.
(g) Powers of Corporation.— -Section 303(c) of the Federal
Home Loan Mo^age Corporation Act (12 U.S.C. 1452(c)) is
amended by stril^g ffie second sentence.
(h) Repeal of Prohibition on Prejudgment Attachment. —
Section 303(f) of the Federal Home Loan Mortgage Corporation
Act (12 U.S.(^. 1452(f)) is amended by striking the last sentence.
(i) Capital Stock.-— Section 304 of the Federal Home Loan
Mortage Corporation Act (12 U.S.C. 1463) is amended —
(1) by striking subsections (b), (c), and (d);
(2) in subsection (aXD, by striking “(1) The common stock”
and all that follows and inserting the following: ‘The common
stock of the Corporation shall consist of voting common stock,
which shall be issued to such holders in the manner and
amoimt, and subject to any limitations on concentration of
ownersMp, as may be established by the Corporation.”; and
(3) in subsection (aX2) —
(A) in the first sentence, by striking “nonvoting com¬
mon stock and the”;
(B) by striking the last sentence; and
(C) by striking the paragraph designation and inserting
“(b)”.
(j) Mortgage Sellers. — Section 305(aXl) of the Federal Home
Loan Mortgage Corporation Act (12 U.S.C. 1454(aXl)) is amended —
(1) in the first sentence, by striking “firom any Federal
home loan bank” and all that follows through the end of the
sentence and inserting a period; and
(2) in the second sentence, by striking “, and the servicing”
and all that follows through the end of the sentence and inseH-
ing a period.
(k) High Cost Areas. — ^The last sentence of section 305(aX2)
of the Federal Home Loan Mortgage Corporation Act (12 U.S.C.
1454(aX2)) is amended by striking “and Hawaii” and inserting
“Hawaii, and the Virgin Islands”.
(l) Repeal of Prohibition on Mortgage Limitations. — Sec¬
tion 305 of the Federal Home Loan Mortgage Corporation Act
(12 U.S.C. 1454) is amended by striking subsection (c).
(m) Prior Approval of Secretary for New Programs. —
Section 305 of the Federal Home Loan Mortgage Corporation Act
(12 U.S.C. 1454) is amended by inserting after subsection (b) the
following new subsection:
“(c) The Corporation may not implement any new program
(as such term is defined in section 1303 of the Federal Housing
Enterprises Financial Safety and Soundness Act of 1992) before
obtaining the approval of the Secretary under section 1322 of such
Act.”.
PUBLIC LAW 102-550— OCT. 28, 1992
106 STAT. 4005
(n) Obligations and Securities and Assessments for
)FFICE. — Section 306 of the Federal Home Loan Mortgage Corpora-
ion (12 U.S.C. 1455) is amended —
(1) in subsection (h) —
(A) by inserting “(1)” after “(h)”; and
(B) by adding at the end the following new para^aph:
“(2) The Corporation shall insert appropriate language in all
the obligations and securities of the Corporation issued under
bis section and section 305 clearly indicating that such obligations
nd securities, together with the interest thereon, are not guaran-
sed by the United States and do not constitute a debt or obligation
f the United States or any agency or instrumentality thereof other
bian the Coloration.”; and
(2) in the first sentence of subsection (i), by striking “section
303(c) or 306(c)” and inserting the following: “sections 303(c)
and 13 16(c) of this Act and assessments pursuant to section
106 of the Federal Housing Enterprises Financial Safety and
Soundness Act of 1992”.
(o) GAO Audits.— Section 307(b) of the Federal Home Loan
lortgage Corporation Act (12 U.S.C. 1456(b)) is amended —
(1) by inserting “(1)” after “(b)”;
(2) by striking the first sentence and inserting the following
new sentence: ‘The programs, activities, receipts, expenditures,
and financial transactions of the Corporation shall be subject
to audit by the Comptroller General of the United States under
such rules and regulations as may be prescribed by the
Comptroller General.”; and
(3) by adding at the end the following new paragraph:
“(2) To carry out this subsection, the representatives of the
General Accounting Office shall have access, upon request to the
Corporation or any auditor for an audit of the Corporation under
bsection (d), to any books, accounts, financial records, reports,
lies, or other papers, things, or property belonging to or in use
y the Corporation and used in any such audit and to any papers,
ecords, files, and reports of the auditor used in such an audit.”.
(p) Financial Reports to Director. — Section 307 of the Fed-
ral Home Loan Mortgage Corporation Act (12 U.S.C. 1456) is
mended by adding at the end the following new subsection:
“(c)(1) The Corporation shall submit to the Director of the
)ffice of Federal Housing Enterprise Oversight of the Department
f Housing and Urban Development annual and quarterly reports
f the financial condition and operations of the Corporation which
hall be in such form, contain such information, and be submitted
n such dates as the Director shall require.
“(2) Each such annual report shall include —
“(A) financial statements prepared in accordance with gen¬
erally accepted accounting principles;
“(B) any supplemental information or alternative presen¬
tation that the Director may require; and
“(C) an assessment (as of the end of the Corporation’s
most recent fiscal year), signed by the chief executive officer
and chief accounting or financial officer of the Corporation,
of—
“(i) the effectiveness of the internal control structure
and procedures of the Corporation; and
“(ii) the compliance of the Corporation with designated
safety and soundness laws.
; STAT. 4006
PUBLIC LAW 102-550— OCT. 28, 1992
“(3) The Corporation shall ^so submit to the Director any
other reports required by the Director pursuant to section 1314
of the Federal Housing Enterprises Financial Safety and Soundness
Act of 1992.
“(4) Each report of financial condition shall contain a declara¬
tion by the president, vice president, treasurer, or any other officer
designated by the Board of Directors of the Corporation to make
such declaration, that the report is true and correct to the best
of such officer’s Imowledge and belief.”.
(q) Audits op Financial Statements.— Section 307 of the Fed¬
eral Home Loan Mortgage Corporation Act (12 U.S.C. 1456) is
amended by adding after subsection (c) (as added by subsection
(p) of this section) the following new subsection:
"(dXl) The Coloration shall have an annual independent audit
made of its financial statements by an independent public account¬
ant in accordance with generally accepted auditing standards.
“(2) In conducting an audit under this subsection, the independ¬
ent public accoimtant shall determine and report on whether the
financial statements of the Corporation (A) are presented fairly
in accordance with generally accepted accoimtin^ principles, and
(B) to the extent determined necessapr by the Director, comply
with any disclosure requirements imposed under subsection
(cX2XB).’^
(r) Mortgage Data Collection and Reporting Require¬
ments. — Section 307 of the Federal Home Loan Mortgage Corpora¬
tion Act (12 U.S.C. 1456) is amended by adding after subsection
(d) (as added by subsection (q) of this section) the following new
subsection:
“(eXl) The Corporation shall collect, maintain, and provide
to the Secretary, in a form determined by the Secretary, data
relating to its mortgages on housing consisting of 1 to 4 dwelling
units. Such data shall include —
“(A) the income, census tract location, race, and gender
of mortgagors under such mortgages;
“(B) the loan-to-value ratios of purchased mortgages at
the time of ori^ation;
“(C) whether a particular mortgage purchased is newly
originated or seasoned;
“(D) the number of units in the housing subject to the
mortgage and whether the units are owner-occupied; and
‘XE) any other characteristics that the Secretary considers
appr^riate, to the extent practicable.
“(2) The Corporation shall collect, maintain, and provide to
the Secretary, in a form determined by the Secretary, data relating
to its mortgages on housing consisting of more than 4 dwelling
imits. Such data shall include —
“(A) census tract location of the housing;
“(B) income levels and characteristics of tenants of the
housii^ (to the extent practicable);
“((T) rent levels for units in the housing;
“(D) mortgage characteristics (such as the number of units
financed per mortgage and the amoimt of loans);
“(E) mortgagor characteristics (such as nonprofit, for-profit,
limited equity cooperatives);
“(F) use of funds (such as new construction, rehabilitation,
refinancing);
“(G) type of originating institution; and
PUBLIC LAW 102-550— OCT. 28, 1992
106 STAT. 4007
“(H) any other information that the Secretary considers
appropriate, to the extent practicable.
“(3)(A) Except as provided in subparagraph (B), this subsection
hall apply only to mortgages purchased by the Corporation after
iecember 31, 1992.
“(B) This subsection shall apply to any mortgage purchased
y the Corporation after the date determined under subparagraph
M if the mortgage was originated before such date, but only to
be extent that the data referred in paragraph (1) or (2), as
pplicable, is available to the Corporation.’’.
(s) Report on Housing Activities. — Section 307 of the Federal
lome Loan Mortgage Corporation Act (12 U.S.C. 1456) is amended
y adding after subsection (e) (as added by subsection (r) of this
ection) the following new subsection:
“(f)(1) The Corporation shall submit to the Committee on Bwk-
ig. Finance and Urban Affairs of the House of Representatives,
he Committee on Banking, Housing, and Urban Affairs of the
lenate, and the Secretary a report on its activities under subpart
1 of part 2 of subtitle A of the Federal Housing Enterprises Finan-
al ^fej^ and Soundness Act of 1992.
“(2) The report under this subsection shall —
“(A) include, in agmegate form and by appropriate category,
statements of the dollar volume and number of mortgages
on owner-occupied and rental properties purchased which relate
to each of the annual housing goals established under such
subpart;
“(B) include, in agmegate form and by appropriate category,
statements of the number of families served by the Corporation,
the income class, race, and gender of homebuyers served, the
income class of tenants of rental housing (to the extent such
information is available^ the characteristics of the census
tracts, and the geographic distribution of the housing financed;
“(C) include a statement of the extent to which the mort¬
gages purchased by the Corporation have been used in conjunc¬
tion with public subsidy programs under Federal law;
“(D) include statements of the proportion of mortgages
on housing consisting of 1 to 4 dwelling units purchased by
the Corporation that have been made to first-time homebuyers,
as soon as providing such data is practicable, ^d identi^ng
any special programs (or revisions to conventional practices)
facilitating homeownership opportunities for first-time home-
buyers;
“(E) include, in aggregate form and by appropriate category,
the data provided to the Secretary under subsection (eXlXB);
“(F) compare the level of securitization versus portfolio
activity;
“(G) assess underwriting standards, business practices,
r^urchase requirements, pricing, fees, and procedures, that
afreet the purchase of mortgages for low- and moderate-income
families, or that may yield disparate results based on the
race of the borrower, including revisions thereto to promote
affordable housing or fair lending;
“(H) describe trends in both the prima^ and secondary
multifamily housing mortgage markets, inclucfing a description
of tile progress made, and any factors impeding progress,
toward standardization and securitization of mortgage products
for multifamily housing;
106 ST AT. 4008
PUBLIC LAW 102-550— OCT. 28, 1992
Public
information.
Regxilations.
12 use 1451
note.
"(I) describe trends in the delinquency and default rates
of mortgages secured by housing for low- and moderate-income
families that have been purchased by the Corporation, including
a comparison of such trends with delinquency and default
information for mortgage products serving households with
incomes al^ve the meman level that have been purchased
by l^e Corporation, and evaluate the impact of such trends
on the standards and levels of risk of mortgage products serving
low- and moderate-income families;
“(J) describe in the ag^egate the seller and servicer net¬
work of the Corporation, including the volume of mortgages
purchased from minority-owned, women-owned, and commu¬
nity-oriented lenders, and any efforts to facilitate relationships
with such lenders;
“(K) describe the activities undertaken by the Corporation
with nonprofit and for-profit organizations and with State and
loc^ governments and housing finance agencies, including how
the Corporation’s activities support the objectives of comprehen¬
sive housing affordability strategies under section 105 of the
Cranston-Gonzalez National Affordable Housing Act; and
“(L) include any other information that the Secretary
considers appropriate.
“(3XA) The Corporation shall make each report under this
subsection available to the public at the principal and regional
offices of the Corporation.
“(B) Before making a report under this subsection available
to the public, the Corporation may exclude from the report informa¬
tion that the Secretary has determined is proprietary information
under section 1326 of the Federal Housing Enterprises Financial
Safety and Soundness Act of 1992.”.
(t) Housing Advisory Council.— Section 307 of the Federal
Home Loan Mortgage Corporation Act (12 U.S.C. 1456) is amended
by adding 'after subsection (f) (as added by subsection (s) of this
section) the following new subsection:
“(gXl) Not later than 4 months after the date of enactment
of the Federal Housing Enterprises Financial Safety and Soundness
Act of 1992, the Corporation shall appoint an Affordable Housing
Advisory Council to advise the Corporation regarding possible meth¬
ods for promoting affordable housing for low- and moderate-income
families.
“(2) The Affordable Housing Advisory Coimcil shall consist of
15 individuals, who shall include representatives of commimity-
based and other nonprofit md for-profit organizations and State
and local government agencies actively engaged in the promotion,
development, or financing of housing for low- and moderate-income
families.”.
SEC. 1383. IMPLEMENTATION.
(a) In General. — ^The Secretary of Housing and Urban Develop-
rnent and the Director, as appropriate, shall issue any final regula¬
tions necessary to implement the amendments made by this subtitle
not later than the expiration of the 18-month period beginning
on the date of the enactment of this Act.
(b) Notice and Comment. — ^The regulations under this section
shall be issued after notice and opportunity for public comment
pursuant to the provisions of section 553 of title 5, United States
Code.
PUBLIC LAW 102-550— OCT. 28, 1992
106 STAT. 4009
Subtitle E — ^Regulation of Federal Home
Loan Bank System
C. 1391. PIUMACY OF FINANCIAL SAFETY AND SOUNDNESS FOE
FEDERAL HOUSING FINANCE BOARD.
Section 2A(aX3) of the Federal Home Loan Bank Act (12 U.S.C.
2a(aX3)) is amended to read as follows:
“(3) Duties.—
“(A) Safety and soundness.— The primary duty of the
Board shall be to ensure that the Federal Home Loan Banks
operate in a financially safe and sound manner.
“(B) Other duties. — ^To the extent consistent with subpara¬
graph (A), the duties of the Board shall also be—
“(i) to supervise the Federal Home Loan Banks;
“(ii) to ensure that the Federal Home Loan Banks
carry out their housing finance mission; and
“(iii) to ensure that the Federal Home Loan Banks
remain adequately capitalized and able to raise funds in
the capital markets.”.
C. 1392. ADVANCES UNDER FEDERAL HOME LOAN BANK ACT.
(a) Advances to Nonqualified Thrift Lender Members. —
ction 10(eX2) of the Federal Home Loan Bank Act (12 U.S.C.
30(eX2)) is amended by striking the second sentence and inserting
e following new sentence: ‘The aggregate amount of the advances
the Federal Home Loan Bai^ System to members that are
t qualified thrift lenders shall not exceed 30 percent of the total
vances of the Federal Home Loan Bank System.”.
(b) Exception to Requirements for Advances. — Section 10b
the Federal Home Loan Bank Act (12 U.S.C. 1430b) is amended —
(1) in the first sentence, by inserting before “Each” the
following new subsection designation and heading: “(a) In Gen¬
eral. — ^”; and
(2) by adding at the end the following new subsection:
“(b) Exception. — ^An advance made to a State housing finance
ency for the purpose of facilitating mortgage lending that benefits
lividuals and families that meet the income requirements set
-th in section 142(d) or 143(f) of the Internal Revenue Code
1986, need not be collateralized by a mortgage insured under
le II of the National Housing Act or otherwise, if—
“(1) such advance otherwise meets the requirements of
this subsection; and
“(2) such advance meets the requirements of section 10(a)
of this Act, and any real estate collateral for such loan com¬
prises, single family or multifamily residential mortgages.”.
:c. 1393. STUDIES REGARDING FEDERAL HOME LOAN BANK SYSTEM.
(a) In General. — ^The Federal Housing Finance Board, the
tmptroller General of the United States, the Director of the
mgressional Budget Office, and the Secretary of Housing and
*ban Development shall eac^ conduct a study analyzing and mak-
g appropriate recommendations with respect to the following
pics:
(1) The appropriate capital standards for the Federal Home
Loan Bank System.
(2) The relationship between the capital standards for the
Federal Home Loan Bank System and the capital standards
under this title for the Federal National Mortgage Association
and the Federal Home Loan Mortgage Corporation.
(3) The relationship between the capital standards for fed¬
erally insured depository institutions and the capital standards
under this title for the Federal National Mortgage Association
and the Federal Home Loan Mortgage Corporation.
(4) The advantages and disadvantages of expanding credit
products and services for member institutions of the Federal
Home Loan Bank System, including a determination of the
feasibility of Federal Home Loan Banl^ (A) purchasing housing-
related assets from member institutions, (B) providing crecht
eidiancements and other products to members in adchtion to
maWng advances, and (C) msiking direct loans for housing
construction.
(5) The advantages and disadvantages of expanding eligible
collateral for advances to member institutions of the Federal
Home Loan Bank System by removing the limits on the amount
of housing-related assets that member institutions can use
to collateralize advances.
(6) The advantages and disadvantages of further measures
to expand the role of the Federal Home Loan Bank System
as a support mechanism for community-based lenders and to
reinforce the overall role of the System in housing finance.
(7) The advantages and disadvantages of measures to
increase membership in, and increase the profitability of, the
System by modifying —
(A) restrictions on membership and stock purchases
of nonqualified thrift lenders;
(B) the overall advance limit imposed on the Federal
Home Loan Bank System to nonqualified thrift lenders;
and
(C) the membership requirement for qualified thrift
lenders.
(8) The competitive effect of the mortgage activities of
the Federal National Mortgage Association and the Federal
Home Loan Mortgage Corporation on the home mortgage activi¬
ties of federdly insured depository institutions and the cost
of such activities to such institutions, the Savings Association
Insurance Fund, and the Resolution Trust Corporation.
(9) The likelihood that the Federal Home Loan Banks
will be able to continue to pay the amounts required under
the Financial Institutions Reform, Recovery, and Enforcement
Act of 1989.
(10) The extent to which a reduction in the number of
Federal Home Loan Banks would reduce noninterest costs of
the System.
(11) The impact that a reduction in the number of Federal
Home Loan Banks would have on the effectiveness of affordable
housing programs and community support programs under the
Federad Home Loan Bank System.
(12) The impact that a reduction in the number of Federal
Home Loan Banks would have on the availability of affordable
housing in rural areas and the ability of small rural financial
institutions to provide housing financing.
(13) The current and prospective impact of the Federal
Home Loan Bank System on —
(A) the availability and affordability of housing for
low- and moderate-income households; and
(B) the relative availability of housing credit across
geographic areas, with particmar regard to differences
depenmng on whether properties are mside or outside of
centred cities.
(14) The appropriateness of extending to the Federal Home
Loan Bank System the public purposes and housing goals estab¬
lished for the Federal National Mortgage Association and the
Federal Home Loan Mortgage Corporation under this title,
the Federal National Mortgage Association Charter Act, and
the Federal Home Loan Mortgage Corporation Act.
(b) Reports. — Not later than 6 months after the date of the
[lactment of this Act, the Federal Housing Finance Board, the
omptroller General, the Director of the Congressional Budget
office, and the Secretary of Housing and Urban Development shall
ich submit to the Committee on Banking, Finance and Urban
ffairs of the House of Representatives and the Committee on
anking. Housing, and Urban Affairs of the Senate a report on
le studies required under subsection (a) containing any rec-
mmendations for legislative action based on the results of the
budies.
(c) Comments. — ^The Secretary of the Treasury, the Director
r the Office of Federal Housing Enteimrise Oversight, the Federal
[ome Loan Mortgage Corporation, and the Federal National Mort¬
age Association shall each submit to the Committee on Banking,
inance and Urban Affairs of the House of Representatives and
le Committee on Banking, Housing, and Urban Affairs of the
enate any recommendations and opinions regarding the studies
der subsection (a), to the extent that the recommendations and
lews of such officers and entities differ from the recommendations
nd opinions of the Federal Housing Finance Board, the Comptroller
^neral, the Director of Congressional Budget Office, and the
ecreta^ of Housing and Urban Development.
(d) Definition. — For purposes of this section, the term “hous-
ig-related assets” means residential mortgages, residential mort-
ge-related securities, loans or loan participations secured by
Bsidential real estate, housing production loans, and warehouse
nes of credit for residential mortgage banking activities.
EC. 1394. REPORT OF FEDERAL HOME LOAN BANK MEMBERS.
(a) In General. — ^The Federal Home Loan Banks shall establish Establishment,
committee to be known as the Study Committee. The Studv
lommittee shall be comprised of 24 members, of whom 2 shall
e elected by the Board of Directors of each Federal Home Loan
tank from among officers or directors of stockholder institutions
the Federal Home Loan Bank. Each Federal Home Loan Bank
hall elect members to the Study Committee not later than 45
ays after the date of the enactment of this Act.
(b) Study and Report. — ^The Study Committee referred to in
ubsection (a) shall conduct a study on the topics referred to in
ection 1391(a) and on the costs and benefits of consolidation of
be Federal Home Loan Bank System. Not later than 6 months
fter the date of the enactment of this Act, the Study Committee
hall submit a report to the Committee on Banking, Finance and
106 STAT. 4012
PUBLIC LAW 102-550— OCT. 28, 1992
Stewart B.
McKinney
Homeless
Housing
Assistance
Amendments
Act of 1992.
42 use 11301
note.
Urban Affairs of the House of Riraresentatives, the Committee
on Banki]^, Housing, and Urban Affairs of the Senate, the Federal
Housing fmance Bom^, and the presidents of the Federal Home
Loan Banks on its findings, including any recommendations for
legislative or administrative action, together with any minority
views or recommendations.
SEC. 1385. REPORTS REGARDING CONSOLIDATION OF FEDERAL
, HOME LOAN BANK SYSTEM.
Not later than 6 months after the date of the enactment of
this Act, the Board of Directors of each Federal Home Loan Bank
^all submit to the Committee on Banking, Finance and Urban
Affairs of the House of Representatives and the Committee on
Banking, Housing, and Urban Affairs of the Senate a report of
the directors’ evaluation of the costs and benefits of consolidating
the Federal Home Loan Bank System.
TITLE XIV— HOUSING PROGRAMS
UNDER STEWART B. MCKINNEY
HOMELESS ASSISTANCE ACT
Subtitle A— Housing Assistance
SEC. 1401. SHORT TITLE.
This title may be cited as the “Stewart B. McKinney Homeless
Housing Assistance Amendments Act of 1992”.
SEC. 1402. EMERGENCY SHELTER GRANTS PROGRAM.
(a) Authorization of Appropriations.— Section 417 of the
Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11377)
is amended to read as follows:
‘^EC. 417. AUTHORIZATION OF APPROPRIATIONS.
“There are authorized to be appropriated to carry out this
subtitle $138,000,000 for fiscal year 1993 and $143,796,000 for
fiscal year 1994.”.
(b) Employment of Homeless Individuals.— Section 415(c)
of the Stewart B. McKinney Homeless Assistance Act (42 U.S.C.
11375(c)) is amended —
(1) at the end of paragraph (1), by striking the period
and inserting a semicolon;
(2) at the end of paragraph (3), by striking “and”;
(3) in paragraph (4) —
(A) by inserting “it will” after “State,”; and
(B) by striking “and” at the end;
(4) in paragraph (5) —
(A) by msertmg “it will” before “develop”; and
(B) striking the period at the end and inserting
a semicolon;
(5) in the paragraph that follows paragraph (5) (as added
by section 832(hX3) of the Cranston-Conzalez National Afford¬
able Housing Act (^blic Law 101-625; 104 Stat. 4362))—
(A) by redesignating the paragraph as paragraph (6);
and
(B) by striking the period at the end and inserting
and”; and
(6) by adding at the end the following new paragraph:
“(7) to the maximum extent practicable, it will involve,
through employment, volunteer services, or otherwise, homeless
individuals and families in constructing, renovating, maintain¬
ing, and operating facilities assisted imder this subtitle, in
providing services assisted imder this subtitle, and in providing
services for occupants of facilities assisted under this subtitle. .
(c) Participation of Homeless Individuals.-— Section 415 of
5 Stewart B. McKinney Homeless Assistance Act (42 U.S.C.
175) is amended by adding at the end the following new sub-
:tion:
“(d) Participation of Homeless Individuals.— The Secretary
Ul, by regulation, require each recipient that is not a State
provide for the participation of not less than 1 homeless individ-
l or former homeless individual on the board of directors or
ler equivalent policymaking entity of such recipient, to the extent
it such entity considers and makes policies and decisions regard-
; any facilitv, services, or other assistance of the recipient assisted
der this subtitle. The Secretary may grant waivers to recipients
able to meet the requirement under the preceding sentence if
i recipient agrees to otherwise consult with homeless or formerly
neless individuals in considering and making such policies and
dsions.”.
(d) Termination of Assistance. — Section 415 of the Stewart
cKinney Homeless Assistance Act (42 U.S.C. 11375) is amended
adding after subsection (d) (as added by subsection (c) of this
iion) the following new subsection:
“(e) Termination of Assistance.— If an individual or family
o receives assistance under this subtitle from a recipient violates
)gram requirements, the recipient may terminate assistance in
iordance with a formal process established by the recipient that
ognizes the rights of individuals affected, which may include
learing.”.
(e) Eligibility of Staff Costs.— Section 414(a)(3) of the Stew-
; B. McKinney Homeless Assistance Act (42 U.S.C. 11374(a)(3))
imended —
(1) by striking “(other than staff)”; and
(2) by inserting before the period at the end the following:
“, except that not more than 10 percent of the amount of
Rny grant received under this subtitle may be used for costs
of stafir.
C. 1403. SUPPORTIVE HOUSING PROGRAM.
(a) In General. — ^Title IV of the Stewart B. McKinney Home-
s Assistance Act (42 U.S.C. 11361 et seq.) is amended by striking
btitles C and D and inserting the following new subtitle:
Subtitle C — Supportive Housing Program
sc. 421. PURPOSE.
“The purpose of the program under this subtitle is to promote
} development of supportive housing and supportive services,
duding innovative approaches to assist homeless persons in the
insition from homelessness, and to promote the provision of
Regulations.
42 use 11381-
11394.
42 use 11381.
STAT. 4014
PUBLIC LAW 102-550— OCT. 28, 1992
JSC 11382.
supportive housing to homeless persons to enable them to live
as independently as possible.
**SEC. 422. DEFINITIONS.
“For purposes of this subtitle:
^1) Ilie term ‘applicant’ means a State, Indian tribe, metro¬
politan dty, urban county, governmental entity, private non¬
profit organization, or community mental health association
that is a public nonprofit organization, that is eligible to receive
assistance under this subtitle and submits an application under
section 426(a).
“(2) The term ‘disability* means —
“(A) a disability as defined in section 223 of the Social
Security Act,
“(B) to be determined to have, pursuant to regulations
issued by the Secretaiy, a physical, mental, or emotional
impairment which (i) is expected to be of long-continued
and indefinite duration, (ii) substantially impedes an
individual’s ability to live independently, and (in) of such
a nature that such ability could be improved by more
suitable housing conditions,
“(C) a developmental disability as defined in section
102 of the Developmental Disabilities Assistance and Bill
of Rights Act, or
“(D) the disease of acquired immunodeficiency S3m-
drome or any conditions arising from the etiologic agency
for acquired immunodeficiency s3nidrome.
Subpara^aph (D) shall not be construed to limit eligibility
under simparagraphs (A) through (C) or the provisions referred
to in subparagraphs (A) torough (C).
“(3) The term ‘Indian tribe’ has the meaning given the
term in section 102(a) of the Housing and Commumty Develop¬
ment Act of 1974.
“(4) The term ‘metropolitan city* has the meaning given
the term in section 102 of the Housing and Community Develop¬
ment Act of 1974.
“(5) The term ‘operating costs’ means expenses incurred
by a recipient operating supportive housing under this subtitle
with respect to—
“(A) the administration, maintenance, repair, and secu¬
rity of such housing;
“(B) utilities, mel, furnishings, and equipment for such
housii^; and
“(C) the conducting of the assessment under section
426(cX2).
“(6) liie term ‘outpatient health services’ means outpatient
health care, outpatient mental health services, outpatient sub¬
stance abuse services, and case management.
“(7) The term ‘private nonprofit organization’ means an
organization —
“(A) no part of the net earnings of which inures
to the benefit of any member, foimder, contributor, or
individual;
“(B) that has a voluntary board;
“(C) that has £in accounting system, or has designated
a fiscal agent in accordance wi^ requirements established
by the Secretary; and
PUBLIC LAW 102-550— OCT. 28, 1992
106 STAT. 4015
"(D) that practices nondiscrimination in the provision
of assistance.
“(8) The term ‘project’ means a structure or structures
(or a portion of such structure or structures) that is acquired,
rehabilitated, constructed, or leased with assistance provided
under this subtitle or with respect to which tiie ^cretary
provides technical assistance or annual payments for operating
costs under this subtitle, or supportive services.
“(9) The term ‘recipient’ means any governmental or non¬
profit entity that receives assistance imder this subtitle.
“(10) The term ‘Secretary* means the Secretary of Housing
and Urban Development.
‘‘(11) The term ‘State’ means each of the several States,
he District of Columbia, the Commonwealth of Puerto Rico,
he Virgin Islands, Guam, American Samoa, the Northern Mari¬
ana Islands, and Palau.
“(12) The term ‘supportive housing’ means a project that
meets the requirements of section 424.
“(13) The term ‘supportive services’ means services under
section 425.
“(14) The term ‘urban coimt^ has the meaning given the
term in section 102 of the Housing and Community Develop¬
ment Act of 1974.
!. 423. EUGIBLE ACTZVITIES.
‘(a) In General. — ^The Secretary may provide any project with
or more of the following types of assistance under tnis subtitle:
“(1) Acquisition and rehabilitation.— A grant, in an
amount not to exceed $200,000, for the acquisition, rehabilita¬
tion, or acquisition and rehabilitation, of an existing structure
(including a small commercial property or office space) to pro¬
vide supportive housing other than emergency belter or to
provide supportive services; except that the Secretary may
increase the dollar limitation under this sentence to not more
than $400,000 for areas that the Secretary finds have high
acquisition and rehabilitation costs. The repayment of any
outstanding debt owed on a loan made to purchase an existing
structure shall be considered to be a cost of acquisition eligible
for a grant under this paragraph if the structure was not
used as supportive housing, or to provide supportive services,
before the receipt of assistance.
“(2) New construction. — A ^ant, in an amount not to
exceed $400,000, for new construction of a structure to provide
supportive housing.
“(3) Leasing. — ^A grant for leasing of an existing structure
or structures, or portions thereof, to provide supportive housing
or supportive services during the period covered by the applica¬
tion- Grant recipients may reapply for such assistance as
needed to continue the use of such structure for purposes of
this subtitle.
“(4) Operating costs.— Annual payments for operating
costs of housing assisted under this subtitle, not to exceed
75 percent of the annual operating costs of such housing. Grant
recipients may reapply for such assistance as needed to con¬
tinue the use of the housing for purposes of this subtitle.
“(5) Supportive services.— A grant for costs of supportive
services provided to homeless individuals. Any recipient, includ-
42 use 11383.
D6 STAT. 4016
PUBLIC LAW 102-550— OCT. 28, 1992
i2 use 11384.
ing program recipients under title IV of this Act before the
date of the enactment of the Housing and Community Develop¬
ment Act of 1992, may reapply for such assistance or for the
renewal of such assistance to continue services funded under
prior grants or to provide other services.
“(6) Technical assistance. — ^Technical assistance in carry¬
ing out the purposes of this subtitle.
“(b) Use Restrictions.—
“(1) Acquisition, rehabilitation, and new construc¬
tion. — Projects assisted under subsection (a) (1) or (2) shall
be operated for not less than 20 years for the purpose specified
in the application.
“(2) Other assistance. — Projects assisted under subsection
(a) (3), (4), (5), or (6) (but not under subsection (a) (1) or
(2)) shall be operated for the purposes specified in the applica¬
tion for the duration of the period covered by the grant.
“(3) Conversion. — If the Secretary determines that a
project is no longer needed for use as supportive housing and
approves the use of the project for the direct benefit of low-
income persons pursuant to a request for such use by the
recipient operating the project, the Secretary may authorize
the recipient to convert the project to such use.
“(c) Repayment of Assistance and Prevention of Undue
Benefits.—
“(1) Repayment. — ^The Secretary shall require recipients
to repay 100 percent of any assistance received under subsection
(a) (1) or (2) if the project ceases to be used as supportive
housing within 10 years after the project is placed in service.
If such project is used as supportive housing for more than
10 years, the Secretary shall reduce the percentage of the
amount required to be repaid by 10 percentage points for each
year in excess of 10 that the project is used as supportive
housing.
“(2) Prevention of undue benefits.— Except as provided
in paragraph (3), upon any sale or other disposition of a project
assisted under subsection (a) (1) or (2) occurring before the
expiration of the 20-year period beginning on the date that
the project is placed in service, the recipient shall comply
with such terms and conditions as the Secretary may prescribe
to prevent the recipient from unduly benefiting from such sale
or disposition.
“(3) Exception. — ^A recipient shall not be required to com¬
ply with the terms and conditions prescribed under paragraphs
(1) and (2) if the sale or disposition of the project results
in the use of the project for the direct benefit of very low-
income persons or if all of the proceeds are used to provide
supportive housing meeting the requirements of this subtitle.
“SEC. 424. SUPPORTIVE HOUSING.
“(a) In General. — Housing providing supportive services for
homeless individuals shall be considered supportive housing for
purposes of this subtitle if—
“(1) the housing is safe and sanitary and meets any
applicable State and local housing codes and licensing require¬
ments in the jurisdiction in which the housing is located; and
“(2) the housing —
“(A) is transitional housing;
PUBLIC LAW 102-550— OCT. 28, 1992
106 STAT. 4017
"(B) is permanent housing for homeless persons with
disabilities; or
"(C) is, or is part of, a particularly innovative project
for, or ^temative methods of, meeting the immediate and
long-term needs of homeless individuals and families.
“(b) Tr^sitional Housing. — ^For purposes of this section, the
rm ‘transitional housing* means housing, the purpose of whidi
to facilitate the movement of homeless mdividuals and families
permanent housing within 24 months or such longer period
the Secretary determines necessary. The Secretary may deny
sistance for housing based on a violation of this subsection only
the Secretary determines that a substantial number of homeless
lividuals or families have remained in the housing longer than
ch period.
“(c) Permanent Housing for Homeless Persons With
SABILITIES. — For purposes of this section, the term ‘permanent
using for homeless pfersons with disabilities’ means community-
sed housing for homeless persons with disabilities that provides
ig-term housing and supportive services for not more than —
“(1) 8 such persons in a single structure or contiguous
structures;
“(2) 16 such persons, but only if not more than 20 percent
of the units in a structure are designated for such persons;
or
“(3) more than 16 persons if the applicant demonstrates
that local market conditions dictate the aevelopment of a large
project and such development will achieve the neighborhood
integration objectives oi the program within the context of
the affected community.
“(d) Single Room Occupancy Dwellings.— A project may pro¬
le supportive housing or supportive services in dwelling units
at do not contain bathrooms or kitchen facilities and are appro-
iate for use as supportive housing or in projects containing some
all such dwelling units.
EC. 42S. SUPPORTIVE SERVICES.
“(a) In General. — ^To the extent practicable, each project shall
ovide supportive services for residents of the proiect and homeless
rsons using the project, which may be designed by the recipient
participant.
“(b) Requirements. — Supportive services provided in connec-
»n with a project shall address the special needs of individuals
ich as homeless persons with disabilities and homeless families
th children) intended to be served by a project.
“(c) Services. — Supportive services may include such activities
(A) establishing and operating a child care services program
r homeless families, (B) establishing and operating an employment
sistance program, (C) providing outpatient health services, food,
id case management, (D) providing assistance in obtaining perma-
ut housing, employment counseling, and nutritional counseling,
) providing security arrangements necessary for the protection
residents of supportive housing and for homeless persons using
e housing or project, (F) providing assistance in obtaining other
ideral. State, and local assistance available for such residents
icluding mental health benefits, employment counseling, and
edical assistance, but not including msgor medical equipment),
id (G) providing other appropriate services.
42 use 11385.
}6 STAT. 4018
PUBLIC LAW 102-550— OCT. 28, 1992
42 use 11386.
“(d) Provision of Services. — Services provided pursuant to
this section may be provided directly by the recipient or by contract
with other public or private service providers. Such services may
be provided to homeless individuals who do not reside in supportive
housing.
“(e) Coordination With Secretary of Health and Human
Services.—
“(1) Approval.— Promptly upon receipt of any application
for assistance under this subtitle that includes the provision
of outpatient health services, the Secretary of Housing and
Urban Development shall consult with the l^cretary of Health
and Human Services with respect to the proposed outpatient
health services. If, within 45 days of such consultation, the
Secretary of Health and Human Services determines that the
proposal for delivery of the outpatient health services does
not meet guidelines for determining the appropriateness of
such proposed services, the Secretary of Housing and Urban
Development may require resubmission of the application, and
the Secretary of Housing and Urban Development may not
approve such portion of the application imless and until such
portion has been resubmitted in a form that the Secretary
of Health and Hiiman Services determines meets such guide¬
lines.
“(2) Guidelines. — ^The Secretary of Housing and Urban
Development and the Secretary of Health and Human Services
shall jointly establish guidelines for determining the appro¬
priateness of proposed outpatient health services under this
section. Such guidelines shall include any provisions necessary
to enable the Secretary of Housing and Urban Development
to meet the time limits imder this subtitle for the final selection
of applications for assistance.
"SEC. 426. PROGRAM REQUIREMENTS.
“(a) Applications.—
“(1) Form and procedure.— Applications for assistance
under this subtitle shall be submitted by applicants in the
form and in accordance with the procedures established by
the Secretapr. The Secretary may not give preference or priority
to any application on the basis that the application was submit¬
ted by any particular type of applicant entity.
“(2) Contents. — ^The Secretary shall require that applica¬
tions contain at a minimum —
“(A) a description of the proposed project, including
the activities to be undertaken;
“(B) a description of the size and characteristics of
the population that would occupy the supportive housing
assisted under this subtitle;
“(C) a description of the public and private resources
that are expected to be made available for the project;
“(D) in the case of projects assisted under section 423(a)
(1) or (2), assurances satisfactory to the Secretary that
the project will be operated for not less than 20 years
for the pu^ose specified in the application;
“(E) in the case of projects assisted imder this title
that do not receive assistance under such sections, annual
assurances during the period specified in the application
PUBLIC LAW 102-550— OCT. 28, 1992
106 STAT. 4019
that the project will be operated for the purpose specified
in the application for such period;
“(F) a certification from the public official responsible
for submitting the comprehensive housing affo^ability
strategy under section 105 of the Cranston-Gonzalez
National Affordable Housing Act for the State or unit of
general local government within which the project is located
that the proposed project is consistent with the approved
housing strategy of such State or unit of general local
government; and
“(G) a certification that the applicant will comply with
the requirements of the Fair Housing Act, title VI of the
Civil lUghts Act of 1964, section 504 of the Rehabilitation
Act of 1973, and the Age Discrimination Act of 1975, and
will affirmatively further fair housing.
“(3) Site control. — ^The Secretary shall require that each
application include reasonable assurances that the applicant
will own or have control of a site for the proposed project
not later than the expiration of the 12-month period beginning
upon notification of an award for grant assistance, unless the
application proposes providing supportive housing assisted
under section 423(aX3) or housing that will eventually be owned
or controlled by the families and individuals served. An
applicant may obtain ownership or control of a suitable site
(Ufferent from the site specified in the application. If any recipi¬
ent fails to obtain ownership or control of the site within
12 months after notification of an award for grant assistance,
the grant shall be recaptured and reallocated under this
subtitle.
“(b) Selection Criteria. — ^The Secretary shall select applicants
)roved by the Secretary as to financial responsibility to receive
istance under this subtitle by a national competition based on
ieria established by the Secretary, which shall include —
“(1) the ability of the applicant to develop and operate
a project;
“(2) the innovative quality of the proposal in providing
a project;
“(3) the need for the type of project proposed by the
applicant in the area to be served;
“(4) the extent to which the amount of assistance to be
provided vmder this subtitle will be supplemented with
resources from other public and private sources;
“(5) the cost-effectiveness of the proposed project;
“(6) the extent to which the applicant has demonstrated
coordination with other Federal, State, local, private and other
entities serving homeless persons in the planning and operation
of the project, to the extent practicable; and
“(7) such other factors as the Seoretary determines to be
appropriate to carry out this subtitle in an effective and efficient
manner.
“(c) Required Agreements. — ^The Secretary may not provide
listance for any project under this subtitle unless the applicant
roes "■
“(1) to operate the proposed project in accordance with
the provisions of this subtitle;
106 STAT. 4020
PUBLIC LAW 102-550— OCT. 28, 1992
Regulations.
"(2) to conduct an ongoing assessment of the supportive
services required by homeless individuals served by the project
and the availabilify of such services to such individuals;
“(3) to provide such residential supervision as the Secretary
determines is necessary to facilitate the adequate provision
of supportive services to the residents and users of the project;
‘X4) to monitor and report to the Secretary on the progress
of the project;
“(5) to develop and implement procedures to ensure (A)
the confidentiality of records pertaining to any individual pro¬
vided family violence prevention or treatment services through
any project assisted imder this subtitle, and (B) that the address
or location of any family violence shelter project assisted under
this subtitle not be made public, except with written
authorization of the person or persons responsible for the oper¬
ation of such project;
“(6) to the maximum extent practicable, to involve homeless
individuals and families, throujgh emplo3^ent, volunteer serv¬
ices, or otherwise, in constructing, rehabilitating, maintaining,
and operating the project assisted imder this subtitle and in
providing supportive services for the project; and
“(7) to comply with such other terms and conditions as
the l^cretary may establish to carry out this subtitle in an
effective and efficient manner.
“(d) Occupancy Charge. — ^Each homeless individual or family
residing in a project providing supportive housing may be required
to pay an occupancy charge in an amount determined by the recipi¬
ent providing the project, which may not exceed the amoimt deter¬
mined under section 3(a) of the United States Housing Act of
1937. Occupancy charges paid may be reserved, in whole or in
part, to assist residents in moving to permanent housing.
“(e) Matching Funding.— Each recipient shall be required to
supplement the amount of assistance provided under paragraphs
(1) and (2) of section 423(a) with an equal amount of funds f^m
sources other than this subtitle.
“(f) Flood Protection Standards.— Flood protection stand¬
ards applicable to housing acquired, rehabilitated, constructed, or
assisted under this subtitle shall be no more restrictive than the
stcmdards applicable under Executive Order No. 11988 (May 24,
1977) to the other programs under this title.
“(g) Participation of Homeless Individuals.— The Secretary
shall, by regulation, require each recipient to provide for the partici¬
pation of not less than 1 homeless individual or former homeless
individual on the board of directors or other equivalent policymaking
entity of the recipient, to the extent that such entity considers
and makes policies and decisions regarding any project, supportive
services, or assistance provided under this subtitle. The Secretary
may grant waivem to applicants imable to meet the requirement
under the preceding sentence if the applicant agrees to otherwise
consult with homeless or formerly homeless individuals in consider¬
ing and making such policies and decisions.
“(h) Limitation on Use of Funds. — ^No assistance received
under this subtitle (or any State or local government funds used
to supplement such assistance) may be used to replace other State
or lo^ funds previously used, or designated for use, to assist
homeless persons.
PUBLIC LAW 102-550— OCT. 28, 1992
106 STAT. 4021
“(i) Limitation on Administrative Expenses.— No recipient
ly use more than 5 percent of a grant received under this subtitle
administrative purposes.
“(j) Termination of Assistance. — If an individual or family
o receives assistance under this subtitle (not including residents
m emergency shelter) from a recipient violates program require-
nts, the recipient may terminate assistance in accordance with
brmal process established by the recipient that recognizes the
hts of individuals receiving such assistance to due process of
iT, which may include a hearing.
:c. 427. REGULATIONS.
‘‘Not later than the expiration of the 90-day period beginning
the date of the enactment of the Housing and Community
velopment Act of 1992, the Secretary shall issue interim regula-
ns to carry out this subtitle, which shall take effect upon issuance,
e Secretary shall issue final regulations to carry out this subtitle
Br notice and opportunity for public comment regarding the
erim regulations, pursuant to tne provisions of section 553 of
e 5, United States Code (notwithstanding subsections (aX2),
[B), and (d)(3) of such section). The duration of the period for
slic comment shall not be less than 60 days, and the final
filiations shall be issued not later than the expiration of the
day period banning upon the conclusion of the comment period
1 shall take effect upon issuance.
:c. 428. reports to congress.
“The Secretary shall submit a report to the Congress annually,
nmarizing the activities carried out imder this subtitle and set-
g forth the findings, conclusions, and recommendations of the
:retary as a result of the activities. The report shall be submitted
^ later than 4 months after the end of each fiscal year (except
it, in the case of fiscal year 1993, the report shall be submitted
: later than 6 months after the end of the fiscal year).
:c. 429. authorization of appropriations.
“(a) Authorization of Appropriations.— There are authorized
be appropriated to carry out this subtitle $204,000,000 for fiscal
ir 1993 and $212,568,000 for fiscal year 1994.
“(b) Set-Asides. — Of any amounts appropriated to carry out
subtitle —
“(1) not less than 25 percent shall be allocated to projects
designed primarily to serve homeless families with children;
“(2) not less than 25 percent shall be allocated to projects
designed primarily to serve homeless persons with disaoilities;
and
“(3) not less than 10 percent shall be allocated for use
onlv for providing supi)ortive services under sections 423(a)(5)
and 425, not provided in coi\junction with supportive housing.
“(c) Reallocations. — ^If, following the receipt of applications
the final funding round under this subtitle for any nscal year,
Y amoimt set aside for assistance pursuant to subsection (b)
1 not be required to fund the approvable applications submitted
such assistance, the Secretary shall reallocate such amount
other assistance pursuant to this subtitle.”.
(b) Transition. — Notwithstanding the amendment made by
42 use 11387.
42 use 11388.
42 use 11389.
42 use 11381
106 STAT. 4022
PUBLIC LAW 102-550— OCT. 28, 1992
42 use 11391.
42 use 11392.
Assistance Act (as amended by subsection (a) of this section) the
Secretary may make grants under the provisions of subtitles C
and D of the Stewart B. McKinney Homeless Assistance Act, as
in effect immediately before the enactment of this Act. Any g^rants
made before such effective date shall be subject to the provisions
of such subtitles.
SEC. 1404. SAFE HAVENS FOR HOMELESS INDIVmUALS DEMONSTRA¬
TION PROGRAM.
Title IV of the Stewart B. McKinney Homeless Assistance Act
(42 U.S.C. 11361 et seq.) is amended by inserting after subtitle
C (as added by section 1003(a) of this Act) the following new
subtitle:
“Subtitle D — Safe Havens for Homeless
Individuals Demonstration Program
^EC. 431. ESTABLISHMENT OF DEMONSTRATION.
“(a) In General. — ^The Secrete^ may make grants to
applicants to demonstrate the desirability and feasibility of provid¬
ing very low-cost housing, to be known as safe havens, to homeless
persons who, at the time, are imwilling or unable to participate
in mental health treatment programs or to receive other supportive
services.
“(b) Purposes. — ^The demonstration program carried out under
this subtitle shall demonstrate —
“(1) whether and on what basis eligible persons choose
to reside in safe havens;
“(2) the extent to which, after a period of residence in
a safe haven, residents are willing to participate in mental
health treatment programs, substance abuse treatment, or
other treatment programs and to move toward a more tradi¬
tional form of permanent housing and the availability in the
community of such permanent housing and treatment pro¬
grams;
“(3) whether safe havens are cost-effective in comparison
with other alternatives for eligible persons; and
“(4) the various ways in which safe havens may be used
to provide accommodations and low-demand services and refer¬
rals for eligible persons.
^EC. 432. DEFINITIONS.
“For purposes of this subtitle:
(1) Applicant. — ^The term ‘applicant’ means a nonprofit
corporation, public nonprofit organization. State, or unit of
general local government.
“(2) Eligible person. — ^The term ‘eligible person’ means
an individual who —
“(A) is seriously mentally ill and resides primarily in
a public or private place not designed for, or ordinarily
used as, a regular sleeping accommodation for human
being^s, which may include occasional residence in an emer¬
gency shelter, and
(B) is currently unwilling or unable to participate
in mental health or substance abuse treatment programs
or to receive other supportive services.
PUBLIC LAW 102-550— OCT. 28, 1992
106 STAT. 4023
Such term does not include a person whose sole impairment
is substance abuse.
“(3) Facility. — ^The term ‘facilit}^* means a structure or
a clearly identifiable portion of a structure that is assisted
under this subtitle.
*'(4) Low-demand services and referrals.— The term
low-demand services and referrals* means the provision of
health care, mental heidth, substance abuse, and other support¬
ive services and referrals for services in a noncoercive manner,
which may include medication management, education, counsel¬
ing, job training, and assistance in obtaining entitlement bene¬
fits and in obtaining other supportive services including mental
health treatment and substance abuse treatment.
“(5) Nonprofit organization.— The term lionprofit
organization’ means an organization —
(A) no part of the net earnings of which inures
to the benefit of any member, founder, contributor, or
individual;
**(3) that has a voluntary board;
‘‘(C) that has an accounting system, or has designated
a fiscal agent in accordance wi^ requirements established
by the Secretary; and
“(D) that practices nondiscrimination in the provision
of assistance.
“(6) Operating costs. — The term ‘operating costs* means
expenses incurred by a recipient operating a safe haven under
this subtitle with respect to—
“(A) the operation of the facility, including the cost
of 24-hour management, and maintenance, repair, and
security;
“(B) utilities, fuel, furnishings, and equipment for such
housing; and
“(C) other reasonable costs necessary to the operation
of the facility, which may include appropriate outreach
and drop-in services.
“(7) Recipient. — ^The term ‘recipient* means an applicant
that receives assistance under this suntitle.
“(8) Safe haven. — The term ‘safe haven’ means a facility —
“(A) that provides 24-hour residence for eligible persons
who may reside for an unspecified duration;
“(B) that provides private or semiprivate accommoda¬
tions;
“(C) that may provide for the common use of kitchen
facilities, dining rooms, and bathrooms;
“(D) that may provide supportive services to eligible
persons who are not residents on a drop-in basis; and
“(E) in which overnight occupancy is limited to no
more than 25 persons.
“(9) Secretary. — ^The term ‘Secretar/ means the Secretaiy
of Housing and Urban Development.
“(10) Seriously mentally ill.— The term ‘seriously men¬
tally ill’ means having a severe and persistent mental or emo¬
tional impairment that seriously limits a person’s ability to
live independently.
“(11) State. — ^The term ‘State’ means each of the several
States, the District of Columbia, the Commonwealth of Puerto
106 STAT. 4024
PUBLIC LAW 102-550— OCT. 28, 1992
42 use 11393.
Rico, the Virgin Islands, Guam, American Samoa, the Northern
Mariana Islands, and P^au.
“(12) Unit of general local government.— The term
Hinit of general local government’ has the meaninjg given the
term in section 102(a) of the Housing and Community Develop¬
ment Aict of 1974.
•^EC. 433. PROGRAM ASSISTANCE.
“(a) In General.—
“(1) Eligible activities. — ^The Secretary may provide
assistance wi^ respect to a program under this subtitle for
the following activities:
“(A) The construction of a structure for use in providing
a safe haven or the acquisition, rehabilitation, or acquisi¬
tion and rehabilitation of an existing structure for use
in providing a safe haven.
“(B) The leasing of an existing structure for use in
provi^ng a safe haven.
“(C) To cover the operating costs of a safe haven.
“(D) To cover the costs of amninistering a safe haven
program, not to exceed 10 percent of the amounts made
available for activities imder subparagraphs (A) through
(C).
“(E) Outreach activities designed to inform eligible per¬
sons about and attract them to a safe haven program.
“(F) The provision of low-demand services and referrals
for residents of a safe haven, except that grants under
this subtitle may not be used to cover more than 50 percent
of the cost of such services and referrals.
“(G) Other activities that further the puj^oses of this
subtitle, including the modification of an existing facili^
to use a portion of the facility to provide with a sam
haven.
“(2) Period of assistance. — ^Assistance may be provided
to any safe haven program for activities under subparagraphs
(B) through (F) of paragraph (1) for a period of not more
than 5 years, except that the Secretaw may, upon application
by the recipient, provide assistance mr an additions period
of time, not to exceed 5 years, subject to —
“(A) the determination of the Secretary that the
performance of the recipient under this subtitle is satisfac¬
tory; and
“(B) the availability of appropriations for such purpose.
“(3) Limit on amount. — ^The total amount of assistance
provided to any recipient under this subsection may not exceed
$400,000 in any 5-year period.
“(b) Matching Funding.—
“(1) In general. — ^Each recipient shall supplement a ^ant
provided under this subtitle with an equal amount of nmds
m>m sources other than this subtitle. Each recipient shall cer¬
tify to the Secretary that it has complied with this paragraph,
and shall include with the certification a description of the
sources and amounts of such supplemental funds.
“(2) Calculation of amounts.— In calculating the amount
of supplemental funds required under paragraph (1), a recipient
may include any funds derived from another source, the value
of any lease on a building, any salary paid to staff to carry
PUBLIC LAW 102-550— OCT. 28, 1992
106 STAT. 4025
out the program of the recipient, and the value of the time
and services contributed by volunteers, at a rate determined
by the Secretary, to carry out the program of the recipient.
C. 434. PROGRAM REQUIREMENTS.
‘'(a) Applications. — ^Applications for assistance under this sub-
i shall be submitted by an applicant in such form and in accord-
e vrith such procedures as the Secretary shall establish, and
h appUoations shall contain at a minimum —
“(1) a description of the proposed facility;
**(2) a description of the number and characteristics of
the eligible persons expected to occupy the safe haven;
*'(3) a plan for identifying and selecting eligible persons
to participate;
**(4) a program plan, containing a description of the
method —
‘‘(A) of operation of the facility, including staffing plans
and facility i^es;
“(B) by which the applicant will secure supportive serv¬
ices for residents of the safe haven:
“(C) by which the applicant will monitor the willingness
of residents to engage in treatment programs and other
supportive services;
“(D) by which access to supportive services will be
secured for residents vrilling to use them;
“(E) by which access to permanent housi^ vrith appro¬
priate services, such as the Shelter Plus Care program
under subtitle F, vrill be sought after residents are sta¬
bilized; and
“(F) by which the applicant vrill conduct outreach
ac^tivities to facilitate the entrance of eligible persons into
tile safe haven;
“(5) a plan to ensure that adequate security precautions
are taken to make the facility safe for the residents;
“(6) an estimate of program costs;
“(7) a description of the resources that are expected to
be made available in accordance vrith section 433(b);
“(8) assurances satisfactory to the Secretary that the facility
vrill have 24-hour, on-site management, if practicable;
“(9) assurances satisfactory to the l^cretary that the facility
vrill be operated for the purpose specified in the application
for each year in which assistance is provided under this subtitle;
“(10) a certification by the public official responsible for
submitting the comprehensive housing affordabihty strate^
under section 105 of the Cranston-Gronzalez National Affordable
Housing Act for the State or unit of general local goveminent
vrithin which ffie facility is located that the proposed activities
are consistent vrith the approved housing strategy for such
jurisdiction;
“(11) a certification that the applicant will comply with
the requirements of the Fair Housing Act, title VI of the Civil
Rights Act of 1964, section 504 of the ^habilitation Act of
1973, and the Age Discrimination Act of 1975, and will affirma¬
tively further fair housing;
“(12) a plan for program evaluation based on information
that is collected on a periodic basis regarding the characteristics
of the residents, including their movement in and out of the
42 use 11394.
16 STAT. 4026
PUBLIC LAW 102-550--OCT. 28, 1992
safe haven, their willingness to use low-demand services and
referrals, the availability and quality of services used, and
the movement of residents toward a more traditional form
of permanent housing after a period of residency in the safe
haven; and
"(13) such other information as the Secretary may require,
"(b) Site Control. — ^The Secretary shall require that an
applicant furnish reasonable assurances that the applicant will
have control of a site for the proposed facility not later than 1
year after notification of an award of assistance under this subtitle.
If an applicant fails to obtain control of the site within this ^riod,
the grant shall be recaptured by the Secretary and reallocated
for use under this subtitle.
"(c) Selection Criteria. — ^The Secretary shall establish selec¬
tion criteria for selecting applicants to receive assistance under
tlids subtitle pursuant to a national competition, which shall
include —
"(1) the extent to which the applicant demonstrates the
ability to develop and operate a safe haven;
"(2) the extent to which there is a need for a safe haven
in the jurisdiction in which the facility will be located;
"(3) the extent to which the program would link eligible
persons to permanent housing and supportive services after
stabilization in a safe haven;
"(4) the cost-effectiveness of the proposed program;
"(5) providing for geographical diversity among applicants
selected to receive assistance;
"(6) the extent to which the safe haven would meet the
need of the eligible persons proposed to be served by the safe
haven; and
"(7) such other factors as the Secretary determines to be
appropriate for purposes of carrying out tne program estab¬
lished under this subtitle in an effective and emcient manner,
"(d) Required Agreements.— The Secretary may not provide
assistance under this subtitle for any safe haven program unless
the applicant agrees —
"(1) to develop and operate the proposed facility as a safe
haven in accordance with the provisions of this subtitle;
"(2) to ensure that the facility meets any standards of
habitability established bv the Secret^^;
"(3) to provide low-demand services and referrals for the
residents of the safe haven;
"(4) to prohibit the use of illegal drugs and alcohol in
the facility;
"(5) to ensure that adequate security precautions are taken
to make the facility safe for the residents;
"(6) not to establish limitations on the duration of resi¬
dency;
"(7) not to require participation in low-demand services
and referrals as a condition of occupancy;
"(8) to monitor and report to the Secretary on progress
in carrying out the safe haven program;
"(9) to the maximum extent practicable, to involve eligible
persons, through employment, volunteer services, or otherwise,
m reiiovating, maintaining, and operating facilities assisted
under this subtitle and in providing services assisted under
this subtitle;
PUBLIC LAW 102-550— OCT. 28, 1992
106 STAT. 4027
‘‘(10) to provide for the participation of not less than 1
homeless individual or former homeless individual on the board
of directors or other equivalent polic^aking entity of such
recipient (in accordance with reflations that the Secretary
shall issue), to the extent that such entity considers and makes
policies and decisions regarding any facility or services assisted
under this subtitle, or to otherwise provide for the consultation
and participation of such an individual in considering and
making such policies and decisions; and
“(11) to comply with such other terms and conditions as
the Secretary may establish for purposes of carrying out the
program established under this subtitle in an effective and
efficient manner.
e Secretary may waive the applicability of the requirement under
ragraph (10) for an applicant that is unable to meet such require-
nt, if the applicant a^ees to otherwise consult with homeless
formerly homeless individuals in considering and making such
icies and decisions.
:c. 435. OCCUPANCY CHARGE.
“Each eligible person who resides in a facility assisted under
subtitle shall pay an occupancy charge in an amount deter-
ned by the recipient, but not to exceed the amount determined
ier section 3(a) of the United States Housing Act of 1937. The
upancy charge may be phased in or reduced based on the t3rpe
living accommodations provided. The recipient may waive occu-
icy charges for limited periods of time for residents imwilling
unable to pay them. Occupancy charges paid may be reserved
assist residents in moving to a more traditional form of perma-
it housing.
:c. 436. TERMINATION OF ASSISTANCE.
“If an eligible person who resides in a safe haven or who
eives low-demand services or referrals endangers the safety,
Lfare, or health of other residents, or repeatedly violates a condi-
Q of occupancy contained in the rules for the safe haven (as
forth in the application submitted under this subtitle), the
ipient may terminate such residency or assistance in accordance
^h a formal process established by the rules for the safe haven,
ich may include a hearing.
:c. 437. EVALUATION AND REPORT.
“The Secretary shall conduct an evaluation of the safe haven
nonstration program under this subtitle and shall submit a
>ort to the Congress, not later than December 31, 1994, which
ill set forth the findings of the Secretary as a result of the
iluation.
:c. 438. REGULATIONS.
“(a) In General. — The Secretary shall, by notice published
the Federal Register, establish such requirements as may be
jessary to carry out the amendments made by this subtitle.
“(b) Consultation. — In establishing requirements to carry out
5 provisions of this subtitle, and in considering applications under
s subtitle, the Secretary shall consult with officials of the appro-
ate agencies of the Department of Health and Human Services
i with representative provider and public interest groups.
“(c) Eligibility for SSI and Medicaid.—
42 use 11395.
42 use 11396.
42 use 11397.
Federal
Register,
publication.
42 use 11398.
106 STAT. 4028
PUBLIC LAW 102-550— OCT. 28, 1992
42 use 11399.
“(1) Supplemental security incomde:. — All provisions of
the Supplemental Security Income program under title
of the Social Securi^ Act and of State programs in
supplementation thereof shall apply to participants in the safe
havens demonstration pro^am under this subtitle, except that
no individual living in a safe haven shall —
‘‘(A) be considered an inmate of a public institution
(as provided in section 1611(eXlXA) of such Act); or
“(B) have benefits under such title XVI reduced or
terminated because of the receipt of support and mainte¬
nance (as provided in section 1612(aX2)(A) of such Act),
to the extent such support and maintenance is received
as a result of participation in the safe havens demonstra¬
tion program.
“(2) Medicaid. — k safe haven shall not be considered a
hospital, nursing facility, institution for mental disease as
defined under section 1906(i) of the Social Security Act, or
any other inpatient facility, for pu^oses of the program under
title of such Act, and individu^s shall not be denied
eligibility for medicaid because of residency in such residence.
“SEC. 439. AUTHORIZATION OF APPROPRIATIONS.
“There are authorized to be appropriated to carry out this
subtitle $62,000,000 for fiscal year 1993 and $64,604,000 for fiscal
year 1994.”.
SEC. 1406. SECTION 6 ASSISTANCE FOR SINGLE ROOM OCCUPANCY
DWELLINGS.
(a) Budget Authority. — Section 441(a) of the Stewart B.
McIQimey Homeless Assistance Act (42 U.S.C. 11401(a)) is amended
^0 F6£l(i flS follows*
“(a) Increase in Budget Authority.— The budget authority
available under section 5(c) of the United States Housing Act of
1937 for assistance under section 8(eX2) of such Act is authorized
to be increased by $105,000,000 on or after October 1, 1992, and
by $109,410,000 on or after October 1, 1993.”.
(b) Eligibility of Nonprofit Organizations.— -Section 441
of the Stewart B. McKinney Homeless Assistance Act (42 U.S.C.
11401) is amended —
(1) in subsection (b), by inserting before the period at
the end the following: and except that the Secretary may
provide amoimts available under this section to private non¬
profit organizations that submit applications for su^ assistance
that are approved by the Secretai^;
(2) in subsection (f), by striking “public housing agency*’
each place it appears and inserting “approved applicant”; and
(3) by adefing at the end the following new subsection:
“(j) Definitions. — ^For purposes of this section —
“(1) the term ‘applicant’ means a public housing agency,
Indian housing authority, or private nonprofit organization that
applies for assistance under uiis section; and
“(2) the term ‘private nonprofit organization’ means an
organization —
“(A) no part of the net earnings of which inures to
the benefit or any member, founder, contributor, or individ¬
ual r
PUBLIC LAW 102-550— OCT. 28, 1992
106 STAT. 4029
‘‘(C) that has an accounting system, or has designated
a fiscal agent in accordance witii requirements established
by the Sectary; and
“(D) that practices nondiscrimination in the provision
of assistance.**.
(c) Employment of Homeless Indivtouals. — Section 441(c)
the Stewart B. McKinney Homeless Assistance Act (42 U.S.C.
.401(c)) is amended —
(1) in paragraph (3), by striking “and** at the end;
(2) in paragraph (4), by striking the period at the end
and inserting and**;
(3) by inserting after paragraph (4) the following new para¬
graph:
“(5) assurances satisfactory to the Secretary that the
applicant, to the maximum e:^nt practicable, will involve
homeless individuals and families, through emplo3iment, volun¬
teer services, or otherwise, in rehabilitating and operating facili¬
ties assisted under this section and in providing services for
occupants of such facilities.**.
(d) Participation of Homeless Individuals and Termination
^ Assistance. — Section 441 of the Stewart B. McKinney Homeless
isistance Act (42 U.S.C. 11401) is amended by adding after sub-
ction (g) the following new subsections:
“(h) Participation of Homeless Individuals.— The Secret^
all, by regulation, require each approved applicant receiving
sistance under this section that is not a public housing agency
Indian housing authority to provide for the participation of
it less than one homeless individual or former homeless individual
I the board of directors or other equivalent policymaking entity
such applicant, to the extent that such entity considers and
akes poUcies and decisions regarding the rehabilitation of any
lusing with assistance under this section. The Secretary may
ant waivers to approved applicants unable to meet the require-
ents under the preceding sentence if the applicant agrees to
herwise consult with homeless or formerly homeless individuals
considering and making such policies and decisions.
“(i) Termination of Assistance.— If an individual or family
10 receives assistance under this section violates program require-
ents, the recipient of amounts made available under this section
ay terminate assistance in accordance with a formal process estab-
ihed by the recipient that recognizes the rights of individuals
ceiviim such assistance to due process of law.**.
(e) fepoRT. — The Secretary of Housing and Urban Development
all submit a report to the Congress, not later than the expiration
the 180-day period beginning on the date of the enactment
this Act, describing the extent to which amounts appropriated
provide assistance under section 441 of the Stewart B. McKinney
imeless Assistance Act since the enactment of such section have
en obligated and expended.
:c. 1406. shelter plus care program.
(a) Authorization of Appropriations.— Section 459 of the
ewart B. McKinney Homeless Assistance Act (42 U.S.C. 11403h)
amended —
(1) by striking subsection (a) and inserting the following
new subsection:
Regulations.
106 STAT. 4030
PUBLIC LAW 102-550— OCT. 28, 1992
Regulations.
42 use 11405-
11406c.
42 use 11404.
“(a) In General. — ^For purposes of the housing programs under
this subtitle, there are authorized to be appropriated $266,550,000
for fiscal year 1993 and $277,745,100 for fisc^ year 1994. Of any
amount appropriated in any fiscal year to carry out this subtitle —
“(1) not less than 10 percent shall be available only for
carrying out part II of this subtitle;
“(2) not less than 10 percent shall be available only for
carrying out part III of this subtitle;
“(3) not less than 10 percent shall be available only for
carrying out part IV of this subtitle; and
“(4) not less than 10 percent shall be available only for
carrying out part V of this subtitle.”;
(2) by striking subsections (b) and (c); and
(3) by redesignating subsection (d) as subsection (b).
(b) Participation of Homeless Individuals.— Section 455 of
the Stewart B. McKinney Homeless Assistance Act (42 U.S.C.
11403d) is amended by adding at the end the following new sub¬
section:
“(c) Participation of Homeless Individuals.— The Secretary
shall, by regulation, require each recipient to provide for the con¬
sultation and participation of not less than one homeless individual
or former homeless individual on the board of directors or other
equivalent policymaking entity of the recipient, to the extent that
such entity considers and makes policies and decisions regarding
any housing assisted under this subtitle or services for such hous¬
ing. The Secretary may grant waivers to recipients unable to meet
the requirement under the preceding sentence if the recipient agrees
to otherwise consult with homeless or formerly homeless individuals
in considering and making such policies and decisions.
(c) Employment of Homeless Individuals.— Section 456 of
the Stewart B. McKinney Homeless Assistance Act (42 U.S.C.
11403e) is amended—
(1) in paragraph (3), by striking “and” at the end;
(2) in paragraph (4), by string the period at the end
and inserting “; and”; and
(3) by adding at the end the following new paragraph:
“(5) to the maximum extent practicable, to involve homeless
individuals and families, through employment volunteer serv¬
ices, or otherwise, in constructing or rehabilitating housing
assisted under this subtitle and in providing services required
under this subtitle.”.
(d) Redesignation and Amendment of Part II Provisions. —
Subtitle F of title IV of the Stewart B. McKinney Homeless Assist¬
ance Act (42 U.S.C. 11403 et seq.) is amended as follows:
(1) Part ii heading. — ^By amending the heading for part
II to read as follows:
“PART n— TENANT-BASED RENTAL
ASSISTANCE”
(2) Parts n and iv. — By striking parts III and IV.
(3) Purpose. — ^By striking section 461 and inserting the
following new section:
PUBLIC LAW 102-550— OCT. 28, 1992
106 STAT. 4031
*«EC. 471. AUTHOBiry.
'The Secretary may uae amounts made available under section
463 to provide tenant-based rental housing assistance for eligible
persons in accordance with this part.**.
(4) Housing assistance. — ^By redesignating section 462
as section 472 and amending such section by sti^dng 'Where”
and inserting the follow^: "An eligible person on behalf of
whom assistance is provided under this part shall select the
unit in which such person will live using rental assistance
under this part; except that where”.
(5) Amount of assistance. — By redesignating section 463
as section 473 and amending such section by strU^g the last
sentence.
(e) Transfer, Redesignation, and Amendment of General
Provisions. — Subtitle F of title IV of the Stewart B. McKinney
Homeless Assistance Act (42 U.S.C. 11403 et seq.) is amended
as follows:
(1) Termination of assistance.— By redesignating section
457 as section 461.
(2) Definitions. — ^By redesignating section 458 as section
462 and amending such section —
(A) by striking paragraph (2) and inserting the follow¬
ing new paragraph:
"(2) The term 'applicant’ means a State, unit of general
local government, Inoian tribe, or public housing agency.”; and
(B) in paragraph (5), by inserting before the period
at the end ", and includes community mental health centers
established as public nonprofit organizations”.
(3) Authorization of appropriations.— By redesi^ting
section 459 (as amended by subsection (a) of this section) as
section 463.
(4) Housing standards and rent reasonableness.— By
redesignating section 464 as section 457, transferring and
inserting such section after section 456, and amending sub¬
section (aXl) of such section by striking "(or if no such agency
exists in tibe applicable area, an entity selected by the Sec¬
retary)”.
(5) Tenant rent and administrative fees.— By transfer¬
ring and inserting sections 465 and 466 after section 457 (as
so redesignated by paragraph (4) of this subsection) and
redesignating such sections as sections 458 and 459, respec¬
tively.
(6) Occupancy. — ^By inserting after section 459 (as so
redesignated by paragraph (5) of tms subsection) the following
new section:
**8EC. 460. OCCUPANCY.
"(a) Occupancy Agreement. — ^The occupancy agreement
between a tenant and an owner of a dwelling unit assisted under
this subtitle shall be for at least one month.
"(b) Vacancy Payments. — ^If an elimble person vacates a dwell¬
ing unit assisted under this subtitle before the expiration of the
occupancy agreement, no assistance payment may be made with
respect to the unit a^r the month that follows the month during
which the unit was vacated, unless it is occupied by another eligible
person.”.
42 use 11404.
42 use 11404a.
42 use 11404b.
42 use 11403f.
42 use 11403g.
42 use 11403h.
42 use 11404c,
11403e-l.
42 use 11404d,
11404e,
11403e-2,
11403e-3.
42 use
11403e-4.
106 STAT. 4032
PUBLIC LAW 102-550— OCT. 28, 1992
42 use 11405.
Contracts.
42 use 11405a.
42 use 11405b.
42 use 11406.
eontracts.
42 use 11406a.
(f) Project- and Sponsor-Based Rental Assistance and Sin¬
gle Room Occupancy Dwellings. — Subtitle F of title IV of the
Stewart B. McKiimey Homeless Assistance Act (42 U.S.C. 11403
et seq.), as amended by the preceding provisions of this section,
is further amended by inserting at the end the following new
parts:
*VART in— PROJECT-BASED RENTAL
ASSISTANCE
“SEC. 476. AUTHORITY.
‘The Secretary may use amounts made available under section
463 to provide project-based rental housing assistance for eligible
persons in accordance with this part.
“SEC. 477. HOUSING ASSISTANCE.
“Assistance under this part shall be provided pursuant to a
contract between the recipient and an owner of an existing struc¬
ture. The contract shall provide that rental assistance payments
shall be made to the owner and that the units in the structure
aLnll be occupied by eligible persons for not less than the term
of the contract.
“SEC. 478. TERM OF CONTRACT AND AMOUNT OF ASSISTANCE.
“(a) Term of Contract. — ^Each contract with a recipient for
assistance under this part shall be for a term of 5 years, and
the owner shall have an option to renew the assistance for an
additional 5-year term, subject to the availability of amounts pro¬
vided in appropriation Acts; except that if an expenditure of at
least $3,(^0 for each unit (inclumng its prorated share of work
on common areas or systems) is required to make the structure
decent, safe, and sanit^, and the owner agrees to carry out the
rel^bilitation with resources other than assistance under this sub¬
title within 12 months of notification of grant approval, the contract
sh^ be for a term of 10 years.
“(b) Amount of Assistance. — ^Each contract shall provide that
the recipient shall receive ag^gRte amounts not to exceed the
appropriate existing housing fair market rental under section 8(cXl)
of the United States Housing Act of 1937 in effect at the time
the application is approved. Any amounts not needed for a year
may m used to increase the amount available in subsequent years.
*^ART IV— SPONSOR-BASED RENTAL
ASSISTANCE
“SEC. 481. AUTHORITY.
“The Secretary may use amounts made available under section
463 to provide sponsor-based rental assistance for eligible persons
in accordance wim this part.
“SEC. 482. HOUSING ASSISTANCE.
“Assistance under this part shall be provided pursuant to a
contract between the recipient and c^rivate nonprofit sponsor
that owns or leases dwelling units. The contract shaU provide
that rental assistance pa^^ents shall be made-to the sponsor and
that such assisted units shall be occupied by eligible persons.
PUBLIC LAW 102-550— OCT. 28, 1992
106 STAT. 4033
sc. 483. TERM OF CONTRACT AND AMOUNT OF ASSISTANCE.
"(a) Term of Contract. — ^The contract with a recipient of
iistance under this part shall be for a term of 5 years.
“(b) Amount of Assistance. — ^Each contract shall provide that
i recipient shall receive aggregate amounts not to exceed the
propriate existing housing fair market rental under section 8(cXl)
the United States Housing Act of 1937 in effect at the time
i application is approved. Any amounts not needed for a year
ly used to increase the amount available in subsequent years.
►ART V— SECTION 8 MODERATE REHABILITA¬
TION ASSISTANCE FOR SINGLE-ROOM OCCU¬
PANCY DWELLINGS
sc. 486. AUTHORITY.
‘The Secretary may use amounts made available under section
1 in connection with the moderate rehabilitation of single room
upancy housing described in section 8(n) of the United States
using Act of 1937 for occupancy by eligible persons in accordance
bh tins part. Amoimts available under section 463 may be used
connection with the moderate rehabilitation of efficiency units
he building owner agrees to pay the additional cost of rehabilitat-
I and operating the efficiency units.
SC. 487. FIRE AND SAFETY IMPROVEMENTS.
“Each contract for housing assistance payments entered into
er this part shall require the installation of a sprinkler system
it protects all mcyor spaces, hard-wired smoke detectors, and
y other fire safety improvements as may be required by State
local law. For purposes of this section, the term ‘mqjor spaces’
lans hallways, large common areas, and other areas specified
local fire, building, or safety codes.
SC. 488. CONTRACT REQUIREMENTS.
“Each contract for annual contributions entered into by the
cretary with a public housing agency to obligate the authority
ide available under section 463 for use under this part shall —
“(1) commit the Secretary to make the authority available
to the public housing agency for an aggregate period of 10
years, and require that any amendments increasing the author¬
ity shall be available for the remainder of such 10-year period;
“(2) provide the Secretary with the option to renew the
contract for an additional period of 10 years, subject to the
availability of authority; and
“(3) provide that, notwithstanding any other provision of
law, first priority for occupancy of housing rehabilitated under
this part shall be given to homeless persons.”.
(g) Technical and Conforming Amendments. — Subtitle F of
le IV of the Stewart B. McKinney Homeless Assistance Act (42
S.C. 11403 et seq.), as amended by the preceding provisions
this section, is fiirther amended —
(1) by striking the heading for part I and inserting the
following new hea^ng:
42 use 11406b.
42 use 11407.
42 use 11407a.
42 use 11407b.
42 use prec.
11403.
106 STAT. 4034 PUBLIC LAW 102-550— OCT. 28, 1992
42 use 11403a.
42 use 11403c.
Inter¬
governmental
relations.
“PART I— GENERAL REQUIREMENTS”;
(2) in section 452(a), by striking “and IV” and inserting
“IV, and V”; and
(3) in section 454(b) —
(A) in paragraph (1), by striking “or IV” and inserting
“IV,orV”;
(B) in paragraph (8), by striking “or IV” and inserting
“IV,orV”;
(C) in paragraph (lOXA), by inserting “, or III” after
“part II”; and
(D) in paragraph (11) —
(i) by striking “part III” and inserting “part V”;
and
(ii) by striking “rehabilitation and”.
SEC. 1407. FHA SINGLE FAMILY PROPERTY DISPOSITION.
(a) 30-Day Marketing Period. — ^Exc^t as provided in sub¬
section (b), in carrying out the program for disposition of single
family properties acquired by the Department of Housing and Urban
Development for use by the hommess under subpart E of part
291 of title 24, Code of Federal Regulations, the Secretary of Hous¬
ing and Urban Development may not make any eligible probity
available for lease under such pronam that has not been Usted
and made generally available for sale by the Secretary for a period
of at least 30 days.
(b) Exception. — ^With respect to any area for which the Sec¬
rete^ determines that there will not a sufficient quantity of
decent, safe, and sanitaiy affordable housing available for use under
the program referred to in subsection (a) if eligible properties located
in me area are made generally available for the 30-day period
under subsection (a), the Secretary shall reserve for disposition
under such program not more than 10 percent of the total number
of eligible properties located in the area and shall not market
such properties as provided under subsection (a). The Secretary
shall consult with the unit of g;eneral local government for an
area in determining which properties should be reserved for disposi¬
tion under this subsection.
(c) State and Local Taxes.-—
(1) Requirement to provide information upon
request. — ^In carrying out the program referred to in subsection
(a), the Secretary of Housing and Urban Development shall
provide the information described in paragraph (2) to any lessee
or applicant under the program who requests such information.
(2) Content. — ^The information referred in paragraph (1)
shall identify and describe any exemptions or reductions relat¬
ing to payment of property taxes imder State and local laws
(for the jurisdictions for which the lessee or applicant requests
such mformation) that may be applicable to lessees or
applicants, or to properties leased, under such program.
(3) Exemption from escrow requirement.— To the extent
any lessee of a property under the program referred to in
subsection (a) is provided an exemption from any requirement
to pay State or local taxes, or a reduction in the amount
of any such taxes, the Secretary may not require the lessee
to pay or deposit in any escrow account amounts for the pay¬
ment of such taxes.
PUBLIC LAW 102-550— OCT. 28, 1992
106 STAT. 4035
(EC. 1408. RURAL HOMELESSNESS GRANT PROGRAM.
Title IV of the Stewart B. McKinney Homeless Assistance Act
42 U.S.C. 11361 et seq.) is amended by adding at the end the
ollowing new subtitle:
^Subtitle G — Rural Homeless Housing
Assistance
SEC. 481. RURAL HOMELESSNESS GRANT PROGRAM.
“(a) Establishment. — The Secretary of Housing and Urban
)evelopment shall establish and carry out a rural homelessness
[rant program. In carrying out the program, the Secreta^ may
Lward grants to eligible organizations in order to pay for the Federal
hare of the cost of—
“(1) assisting programs providing direct emergency assist¬
ance to homeless individuals and families;
“(2) providing homelessness prevention assistance to
individuals and families at risk of becoming homeless; and
“(3) assisting individuals and families in obtaining access
to permanent housing and supportive services.
“(b) Use of Funds.—
“(1) In GENERAL. — ^An eligible organization may use a grant
awarded under subsection (a) to provide, in rural areas —
“(A) rent, mortgage, or utility assistance after 2 months
of nonpaynient in order to prevent eviction, foreclosure,
or loss of utility service;
“(B) security deposits, rent for the first month of resi¬
dence at a new location, and relocation assistance;
“(C) short-term emergency lodging in motels or shel¬
ters, either directly or through vouchers;
“(D) transitional housing;
“(E) rehabilitation and repairs such as insulation, win¬
dow repair, door repair, roof repair, and repairs that are
necessary to make premises habitable;
“(F) development of comprehensive and coordinated
support services that use and supplement, as needed,
commxmity networks of services, induing —
“(i) outreach services to reach eligible recipients;
“(ii) case management;
“(iii) housing counseling;
“(iv) budgeting;
“(v) job training and placement;
“(vi) primary health care;
“(vii) mental health services;
“(viii) substance abuse treatment;
“(ix) child care;
“(x) transportation;
“(xi) emergency food and clothing;
“(xii) family violence services;
“(xiii) education services;
“(xiv) moving services;
“(xv) entitlement assistance; and
“(xvi) referrals to veterans services and legal serv¬
ices; and
42 use 11408.
; STAT. 4036
PUBLIC LAW 102-550— OCT. 28, 1992
"(G) costs associated with making use of Federal inven¬
tory property programs to house homeless families, includ¬
ing tne program established under title V of the Stewart
B. McKinney Homeless Assistance Act and the Single Fam¬
ily Property Disposition Program established pursuant to
section 204(g) of the National Housing Act.
“(2) Capacity building AcrivrnES.— 5lot more than 20 per¬
cent of the funds appropriated under subsection (IXD for a
fiscal year may be used by eligible organizations for capacity
building activities, including payment of operating costs and
staff retention.
"(c) Award of Grants. —
"(1) Communities with populations of less than
10,000. —
“(A) Set aside. — ^In awarding grants under subsection
(a) for a fiscal year, the Secretary shall make available
not less than 50 percent of the funds appropriated under
subsection (IXD for the fiscal 3rear for ^ants to eligible
organizations serving communities that nave populations
of less than 10,000.
“(B) Priority within set aside.— In awarding grants
in accordance with subparagraph (A), the Secretary shall
give priority to elimble organizations serving communities
with populations of less than 5,000.
“(2) Communities without significant federal assist¬
ance. — ^In awarding grants under subsection (a), including
grants awarded in accordance with paragraph (1), the Secretary
shall give priority to eligible organizations serving communities
not currently receiving significant Federal assistance under
this Act.
“(3) State limit. — ^In awarding grants under subsection
(a) for a fiscal year, the Secretary shall not award to eligible
organizations within a State an aggregate sum of more than
10 percent of the funds appropriated under subsection (IXD,
for the fiscal year.
“(d) Application. — In order to be elimble to receive a grant
under subsection (a), an organization shaU submit an application
to the Secretary , at such time, in such manner, and containing
such information as the Secretary may require. The application
shall include, at a minimum —
“(1) a description of the target population and geographic
area to be served;
“(2) a description of the t3rpes of assistance to be provided;
“(3) an assurance that me assistance to be provided is
closely related to the identified needs of the target population;
“(4) a description of the existing assistance available to
the target population, including Federal, State, and local pro¬
-ams, and a description of the manner in which the organiza¬
tion wiU coordinate with and expand existing assistance or
provide assistance not available in the immediate area;
“(5) an agreement by the organization that the orgsmization
wll collect data on the projects conducted by the organization,
including assistance provided, number and characteristics of
persons served, and causes of homelessness for persons served;
and
“(6) an agreement by the organization that, to the maxi¬
mum extent practicable, the organization will involve homeless
PUBLIC LAW 102-550— OCT. 28, 1992
106 STAT. 4037
individuals and families through employment, volunteer serv¬
ices, and otherwise, in providing, operating, and rehabilitating
housing assisted under this section and in providing services
assisted under this section and services for occupants of housing
assisted under this section.
“(e) Eligible Organizations. — Organizations eligible to receive
grant imder subsection (a) shall include private nonprofit entities,
dian tribes (as such term is defined in section 102(a) of the
ousing and Clommunity Development Act of 1974), and county
id local governments.
“(f) Federal Share.—
“(1) In general. — ^The Federal share of the costs of provid¬
ing assistance under this section shall be 75 percent.
“(2) Non-federal share.— The non-Federal share of the
cost of providing the assistance shall be in cash or in kind,
fairly evaluated, including plant, equipment, staff services, or
services delivered by volimteers.
“(g) Participation of Homeless Individuals.— The Secretary
lall, by regulation, require each eligible organization receiving
grant under this section to provide for the participation of not
3S than 1 homeless individucu or former homeless individual on
e board of directors or other equivalent policy making entity
the recipient, to the extent that such entity considers and makes
ilicies and decisions regarding any housing, services, or other
sistance of the eligible organization receiving the grant under
is section. The Secretary may grant waivers to recipients unable
meet the requirement under the preceding sentence if the recipi-
it agrees to otherwise consult with homeless or formerly homeless
ividuals in considering and making such policies and decisions.
“(h) Evaluation.—
“(1) In general. — ^The Secretary shall conduct an evalua¬
tion of the program to —
I “(A) determine the effectiveness of the program in
providing housing and other assistance to homeless persons
in the area served; and
“(B) determine the t3rpes of assistance needed to
address homelessness in rural areas.
“(2) Report. — ^The Secretary shall submit to Congress, not
later than 18 months after the date on which the Secretary
first makes grants under the program, the evaluation of the
program conducted under paragraph (1), including rec¬
ommendations for any Federal administrative or legislative
changes that may .be necessary to improve the ability of rural
communities to prevent and rei^ond to homelessness.
“(i) Technical Assistance. — The Secretary shall provide tech-
al assistance to eli^ble organizations in aeveloping programs
accordance with this section, and in gaining access to other
.deral resources that may be used to assist homeless persons
rural areas. Such assistance may be provided through regional
3rkshops, and may be provided directly or through grants to,
contracts with, nongovernmental entities.
“(j) Termination of Assistance. — If an individual or family
iio receives assistance imder this section violates requirements
the assistance program provided by the organization receiving
grant under this section, the organization may terminate assist-
ice in accordance with a formal process established by the
Regulations.
106 STAT. 4038
PUBLIC LAW 102-550— OCT, 28, 1992
42 use 11361
note.
42 use 11361
note.
42 use 11361
et seq.
organization that recognizes the rights of individuals receiving such
assistance to due process of law, which may include a hearing,
“(k) Definitions.—
Tor purposes of this section:
“U) PROGRAM. — ^The term ‘program’ means the rural
homelessness grant program established under this section.
“(2) Rural area; rural community.— The terms ‘rural
area’ and ‘rural communit}^’ mean —
“(A) any area or community, respectively, no part of
which is within an area designated as a standard metropoli¬
tan statistical area by the Office of Management and
Budget; or
“(B) any area or community, respectively, that is —
“(i) vrithin an area designated as a metropolitan
statistical area or considered as part of a metropolitan
statistical area; and
“(ii) located in a rural census tract.
“(3) Secretary. — ^The term ‘Secretary means the Secretary
of Housing and Urban Development.
“(1) Authorization of Appropriations.—
“(1) In general. — ^There are authorized to be appropriated
to carry out this section $30,000,000 for fiscal year 1993 and
$31,260,000 for fiscal year 1994.
“(2) Availability.— Any amount paid to a grant recipient
for a fiscal year that remains imobligated at the end of the
year shall remain available to the recipient for the purposes
for which the payment was made for the next fiscal year.
The Secretary shall take such action as may be necessary
to recover any amount not obligated by the recipient at the
end of the second fiscal year, ana shall redistribute the amount
to another eligible orgamzation.”.
SEC. 1409. EVALUATION OF PROGRAMS.
(a) In General. — ^The Secretary of Housing and Urban Develop¬
ment shall conduct a comprehensive review and evaluation of the
effectiveness of each program under title IV of the Stewart B.
McKinney Homeless Assistance Act. In conducting the review, the
Secretaiy shall examine procedures of the Department in carrying
out such programs, the procedures of recipients of assistance imder
such pronams in carrying out such programs, and the^ effects
and benents of such pro^ams; shall survey homeless individuals
and families assisted under each program in various jurisdictions
receiving assistance under each program; shall determine whether
such programs are fulfilling the purposes for which they were
established; and shall evaluate the usefulness and effectiveness
of such pro^ams.
(b) Report. — ^Not later than the expiration of the 2-year period
beginning on the date of the enactment of this Aict, the Secretary
shall submit a report to the Congress describing the results of
the review and evaluation conducted imder subsection (a).
SEC. 1410. EXTENSION OF ORIGINAL MCKINNEY ACT HOUSING PRO¬
GRAMS.
The Cranston-Gonzalez National Affordable Housing Act is
amended by striking sections 821 and 823 (42 U.S.C. 11361 note).
The amendbment made by such section 821 of such Act shall not
take effect.
. 1411. CONSULTATION AND REPORT REGARDING USE OF 42 USC 11411
NATIONAL GUARD FACILITIES AS OVERNIGHT SHELTERS
FOR HOMELESS INDIVIDUALS.
(a) Use of Available Space at National Guard Facilities.--
Secretary of Housing and Urban Development shall coiisult
1 the chief executive officers of the States and the Secretary
defense to determine the availability of space at National Guard
[ities for use by homeless organizations in providing overnight
ter for homeless persons and families. The Secretary of Housing
Urban Development shall determine the availability of only
1 space that can be used for shelter puraoses during periods
3 not actively being used for National Guard purposes. The
*etary of Housing and Urban Development shall mso determine
availability of incidental services at such facilities, including
ities, bedding, security, transportation, renovation of facilities,
or repairs undertaken specifically to make available space in
icility suitable for use as an overnight shelter for homeless
viduals, and property liability insurance.
(b) Limitations. — ^In consultations under this section, the Sec-
ry of Housing and Urban Development shall determine —
(1) the number and capacity of such facilities that may
be made available for shelters for homeless persons and families
without adversely affecting the military or emergency service
preparedness of the State or the United States; and
(2) whether any available space is suitable for use as an
overnight shelter for homeless individuals or can, with minor
repairs, be made suitable for that use.
(c) Report. — The Secretary of Housing and Urban Development
li submit to the Congress, not later than the expiration of
1-year period beginning on the date of the enactment of this
a report regarding the consultations and determinations made
he Secretary under this section. The report shall include any
immendations of the Secretary regarding the need for, and fea-
lity of, using National Guard facilities for homeless shelters
any recommendations of the Secretary for administrative or
slative action to provide for such use.
. 1412. STRATEGY TO ELIMINATE UNFIT TRANSIENT FACILITIES.
Section 825(a) of the Cranston-Gonzalez National Affordable
ising Act (42 U.S.C. 11301 note) is amended in the first
bence —
(1) by striking “Cranston-Gonzalez National Affordable
Housing Act” and inserting “Housing and Community Develop¬
ment Act of 1992”; and
(2) by striking “July 1, 1992” and inserting “July 1, 1994”.
. 1413. AMENDMENTS TO TABLE OF CONTENTS.
The table of contents in section 101(b) of the Stewart B. McKin-
Homeless Assistance Act is amended —
(1) by striking the item relating to section 401 and inserting
the followring new item:
^Sec. 401. Housing affordability strategy.”;
(2) by striking the item relating to the heading for subtitle
C of title IV and all that follows through the item relating
to section 484 and inserting the following new items:
106 STAT. 4040
PUBLIC LAW 102-550— OCT. 28, 1992
"Subtitle C— Supportive Housing Program
“Sec. 421. Puraose.
“Sec. 422. Definitions.
“Sec. 423. Eligible activities.
“Sec. 424. Supportive housing.
“Sec. 425. Supportive services.
“Sec. 426. Pr^am requirements.
“Sec. 427. Rej^tions.
“Sec. 428. Reports to Congress.
“Sec. 429. Authorization of appropriations.
“Subtitle D — Safe Havens for Homeless Individuals Demonstration Program
“Sec. 431. Establishment of demonstration.
“Sec. 432. Definitions.
“Sec. 433. Program assistance.
“Sec. 434. Program requirements.
“Sec. 435. Occupancy charge.
“Sec. 436. Termination of assistance.
“Sec. 437. Evaluation and report.
“Sec. 438. Regulations.
“Sec. 439. Authorization of appropriations.
“Subtitle E— Miscellaneous Programs
“Sec. 441. Section 8 assistance for single room occupancy dwellings.
“Sec. 442. Community development blMk grant amendment.
“Sec. 443. Administrative provisions.
“Subtitle F— Shelter Plus Care Program
“Part I— General Requirements
“Sec. 451. Purpose.
“Sec. 452. Rental housing assistance.
“Sec. 453. Supportive services requirements.
“Sec. 454. Applications.
“Sec. 455. Selection criteria.
“Sec. 456. Required agreements.
“Sec. 457. Housing st^dards and rent reasonableness.
“Sec. 458. Tenant rent.
“Sec. 459. Administrative fees.
“Sec. 460. Occupancy.
“Sec. 461. Termination of assistance.
“Sec. 462. Definitions.
“Sec. 463. Authorization of appropriations.
“Part H— Tenant-Based Rental Assistance
“Sec. 471. Authority.
“Sec. 472. Housing assistance.
“Sec. 473. Amount of assistance.
“Part III— Project-Based Rental Assistance
“Sec. 476. Authority.
“Sec. 477. Housing assistance.
“Sec. 478. Term oi contract and amount of assistance.
“Part IV— Sponsor-Based Rental Assistance
“Sec. 481. Authority.
“Sec. 482. Housine assistance.
“Sec. 483. Term oi contract and amount of assistance.
“Part V— Section 8 Moderate Rehabilitation Assistance for Single-Room
Occupancy Dwellings
“Sec. 486. Authority.
“Sec. 487. Fire and safety improvements.
“Sec. 488. Contract requirements.
“Subtitle G— Rural Homeless Housing Assistance
“Sec. 491. Rural homelessness gremt program.
“Sec. 492. Use of FMHA inventory for transitional housing for homeless persons
and for turnkey housing.”;
PUBLIC LAW 102-550— OCT. 28, 1992
106 STAT. 4041
(3) by striking the item relating to section 501 and inserting
the following new item:
3ec. 501. Use of unutilized and underutilized public buildings and real prop¬
erty to assist the homeless.”
(4) by striking the items relating to sections 722 through
725 and inserting the following new items:
3ec. 722. Grants for State and local activities for the education of homeless
children and youth.
3ec. 723. Local educational agency grants for the education of homeless chil¬
dren and youth.
Sec. 724. National responsibilities.
Sec. 725. Reports.
Sec. 726. Definitions.”;
(5) by inserting after the item relating to section 754 the
following new items:
Sec. 755. Evaluation.
Sec. 756. Report by the Secretary.”;
Eind
(6) by inserting after the item relating to section 762 the
following new items:
“Subtitle F — ^Family Support Centers
Sec. 771. Definitions.
Sec. 772. General grants for the provision of services.
Sec. 773. Training and retention.
Sec. 774. Family case managers.
Sec. 775. Gateway programs.
Sec. 776. Evaluation.
Sec. 777. Report.
Sec. 778. Construction.
Sec. 779. Authorization of appropriations.”.
1414. USE OF FMHA INVENTORY FOR TRANSITIONAL HOUSING
FOR HOMELESS PERSONS AND FOR TURNKEY HOUSING.
Subtitle G of the Title IV of the Stewart B. McKinney Homeless
stance Act (as added by section 1408 of this Act) is amended
Iding at the end the following new section:
. 592. USE OF FMHA INVENTORY FOR TRANSITIONAL HOUSING
FOR HOMELESS PERSONS AND FOR TURNKEY HOUSING.
“(a) In General. — ^The Secretary of Agriculture (in this section
Ted to as the ‘Secretary*) shall, on a priority basis, lease or
program and nonpro^am inventory propeirties held by the
tary under title V of the Housing Act of 1949 —
“(1) to provide transitional housing; and
“(2) to provide turnkey housing for tenants of such transi¬
tional housing and for eligible families.
“(b) Priority. — ^The priority uses of inventory property under
section shall not have a higher priority than —
“(1) the disposition of such property by sale to eligible
families; or
“(2) the disposition of such property by transfer for use
as rental housing by eligible families.
‘(c) Transitional Housing.—
“(1) Leases authorized. — The Secretary shall lease inven-
ry properties to public agencies and nonprofit organizations
provide transitional housing for homeless families and
individuals and to provide such agencies the option to provide
turnkey housing opportunities for homeless persons and other
inadequately housed families.
42 use 11408a.
106 STAT. 4042
PUBLIC LAW 102-550— OCT. 28, 1992
“(2) Rental to eligible families. — ^A public agency or
nonprofit organization may rent housing leased to it under
paragraph (1) to a family for up to 10 years and may, during
that period, assist the tenant m obtaining a loan and creddt
assistance under title V of the Housing Act of 1949 to purchase
the housing fiom the Secretary.
“(d) Lease Procedures.—
“(1) Identification of property.— Upon receipt by the
Secrets^ of written notification from a public agency or non¬
profit organization that it proposes to lease a property for
the purpose of providing transitional housing or for the purpose
of providing transitional housing and turnkey nousing
opportunities, the Secretary shall —
“(A) withdraw the property from the market for not
more than 30 days for the purpose of negotiations imder
subparagraph (B);
“(B) negotiate a lease agreement with the organization
or agency; and
“(C) if a lease is agreed to, commence the repairs
necessaxy to make the property meet standards for decent,
safe, and sanitary housing.
“(2) Lease terms. — ^A lease of inventory property under
this section shall —
“(A) be for a period of not more than 10 years;
“(B) provide for the payment of $1 for the 10-year
lease; ana
“(C) provide the nonprofit organization or public
agency—
“(i) the right to use the property for transitional
housing; and
“(ii) the option to arrange for the sale of the prop¬
erty to an eligible purchaser.
“(e) Purchase Procedures.—
“(1) Identification of property.— Upon receipt by the
Secretary of written notification from a public agency or non¬
profit organization that it proposes to purchase a property
for the purpose of providing transitional housing or for the
purpose of providing transitional housing and turkey housing
opportunities, the Secretary shall —
“(A) withdraw the property from the market for not
more than 30 days for the purpose of negotiations under
subparagraph (B);
“(B) negotiate a purchase agreement with the organiza¬
tion or agency; and
“(C) if a purchase agreement is agreed to, commence
the repairs necessary to make the property meet standards
for decent, safe, and sanitary housing.
“(2) PCRCH^E TERMS.— A purchase of inventory property
under this section shall provide for a purchase price equal
to not more than the fair market value of the property minus
10 percent,
“(f) Employmeot of Homeless Individuals.— A public agency
or nonprofit organization may lease or purchase property under
this section only if &e agency or organization, to the maximum
extent practicable, involves homeless individuals and families,
through employment, volunteer services, or otherwise, in maintain¬
ing, operating, and renovating any properties leased or acquired
PUBLIC LAW 102-550— OCT. 28, 1992
106 STAT. 4043
ler this section and in providi]^ any services for occupants
roperties assisted under tms section.
“4) Participation of Homeless Individuals.—
“(1) GENERAL. — The Secretary shall, by regulation, Regulations,
require each public agency and nonprofit organization leasing
or purchasing property under this section to provide for the
participation of not less than 1 homeless individual or former
Homeless individual on the board of directors or other equiva¬
lent policy making entity of such agency or organization, to
the extent that such organization or applicant considers and
makes policies and decisions regarding any property acquired
under t^ section.
“(2) Waiver. — ^The Secretaty may grant a waiver to a public
agenpy or nonprofit organization that is unable to meet the
requirement of paragraph (1), if the agency or organization
agrees to otherwise consult with homeless or formerly homeless
individuals in considering and making such policies and deci¬
sions.
“(h) Budget Compliance. — ^The authority provided to the Sec-
vry under this section shall be effective only to the extent
roved in advance in appropriations Acts.”.
Subtitle B — ^Interagency Council on the
Homeless
!. 1421. AUTHORIZATION OF APPROPRIATIONS.
Section 208 of the Stewart B. McKinney Homeless Assistance
(42 U.S.C. 11318) is amended to read as follows:
C. 208. AUTHORIZATION OF APPROPRIATIONS.
‘There are authorized to be appropriated to carry out this
i $1,500,000 for fiscsd year 1993 and $1,563,000 for fiscal year
4.”.
;. 1422. EXTENSION.
Section 209 of the Stewart B. McKinney Homeless Assistance
(42 U.S.C. 11319) is amended by stril^g “October 1, 1992”
I inserting “October 1, 1994”.
Subtitle C — ^Federal Emergency
MEanagement Food and Shelter Program
:. 1431. AUTHORIZATION OF APPROPRIATIONS.
Section 322 of the Stewart B. McKinney Homeless Assistance
(42 U.S.C. 11352) is amended to read as follows:
C. 322. AUTHORIZATION OF APPROPRIATIONS.
“There are authorized to be appropriated to carry out this
e $180,000,000 for fiscal year 1993 and $187,560,000 for fiscal
r 1994.”.
1432. EBIPLOYMENT and PARTICIPATION OF HOMELESS
INDIVIDUALS IN LOCAL PROGRABfS.
Section 316(a) of the Stewart B. McKinney Homeless Assistance
(42 U.S.C. 11346(a)) is amended —
106 STAT. 4044
PUBLIC LAW 102-550— OCT. 28, 1992
Annunzio-
Wylie
Anti-Money
Laundering
Act.
12 use 1811
note.
(1) in paragraph (3), by striking *‘and” at the end;
(2) in paragrajph (4), by striking the period at the end
and inserting a semicolon; and
(3) by adding at the end the following new paragraphs:
*‘(5) ^deUnes requiring each private nonprofit organiza¬
tion and local government carrying out a local emergency food
and shelter program with amounts provided under this subtitle,
to the noflyiTTium extent practicable, to involve homeless individ¬
uals and families, through employment, volunteer services, or
otherwise, in providing emergency food and shelter and in
otherwise carrymg out the local program; and
*‘(6) Adelines requiring each private nonprofit organiza¬
tion and local government carrying out a local emergency food
and shelter program with amounts provided under this subtitle
to provide for the participation of not less than 1 homeless
individual or former homeless individual on the board of direc¬
tors or other equivalent policy making entity of the organization
or eovemmentm agency to the extent that such entity considers
and makes policies and decisions regarding the local program
of the organization or locality; except that such guidelines may
grant waivers to applicants unable to meet su^ requirement
u the organization or government agrees to otherwise consult
with homeless or formerly homeless individuals in considering
and making such policies and decisions.”.
TITLE XV— ANNUNZIO-WYLIE ANTI¬
MONEY LAUNDERING ACT
SEC. 1500. SHORT TITLE.
This title may be cited as the “Annunzio-Wylie Anti-Money
Laundering Act”.
Subtitle A — ^Termination of Charters,
Insurance, and Offices
SEC. 1501. AUTHORITY TO APPOINT CONSERVATOR FOR DEPOSITORY
INSTITUTIONS CONVICTED OF MONEY LAUNDERING.
(a) Insured Depository Institutions. — Section ll(cX5) of the
Federal Deposit Insurance Act (12 U.S.C. 1821(cX5)) is amended
by adding at the end the following new subparagraph:
“(M) Money laundering offense.— The Attorney
General notifies the appropriate Federal banking agency
or the Corporation in writmg that the insured depository
institution has been found guilty of a criminal offense
under section 1956 or 1957 of title 18, United States Code,
or section 5322 of title 31, United States Code.”.
(b) Insured Credit Unions.— Section 206(hXl) of the Federal
Credit Union Act (12 U.S.C. 1786(hXl)) is amended —
(1) redesijmating subparagraphs (C) and (D) as subpara¬
graphs (D) and (E), respectively; and
(2) by inserting aner subparagraph (B) the following new
subparagrwh:
“(Cf) the Attorney General notifies the Board in writing
that an insured credit union has been found guilty ot
PUBLIC LAW 102-550— OCT. 28, 1992
106 STAT. 4045
a criminal offense under section 1956 or 1957 of title 18,
United States Code, or section 5322 of title 31, United
States Code;”.
(c) Effective Date. — ^The amendments made by this section
all take effect on December 20, 1992.
C. 1602. REVOKING CHARTER OF FEDERAL DEPOSITORY INSTITU¬
TIONS CONVICTED OF MONEY LAUNDERING OR CASH
TRANSACTION REPORTING OFFENSES.
(a) National Banks. — Section 5239 of the Revised Statutes
I U.S.C. 93) is amended by adding at the end the following:
“(c) Forfeiture op Franchise for Money Laundering or
iSH Transaction Reporting Offenses. —
“(1) In general.—
“(A) Conviction of title is offenses. —
“(i) Duty to notify. — ^If a nationsd bank, a Federal
branch, or Federal agency has been convicted of any
criming offense under section 1956 or 1957 of title
18, United States Code, the Attorney General shall
provide to the Comptroller of the Currency a written
notification of the conviction and shall include a cer¬
tified copy of the order of conviction from ^e court
rendering the decision.
“(ii) Notice of termination; pretermination
HEARING. — ^After receiving written notification from the
Attorney General of such a conviction, the Comptroller
of the Currency shall issue to the national bank. Fed¬
eral branch, or Federal agency a notice of the Comptrol¬
ler’s intention to terminate all rights, privileges, and
franchises of the bank. Federal branch, or Federal
agency and schedule a pretermination hearing.
“(B) Conviction of title si offenses. — If a national
bank, a Federal branch, or a Federal agency is convicted
of any criminal offense under section 5322 of title 31,
United States Code, after receiving written notification
from the Attorney General, the Comptroller of the Currency
may issue to the national bank. Federal branch, or Federal
agency a notice of the Comptroller’s intention to terminate
ml rights, privileges, and franchises of the bank. Federal
branch, or Feder^ agency and schedule a pretermination
heariim.
“(C) Judicial review.— Section 8(h) of the Federal
Deposit Insurance Act shall apply to any proceeding under
this subsection.
“(2) Factors to be considered. — In determining whether
a franchise shall be forfeited under paragraph (1), the Comptrol¬
ler of the Currency shall take into account the following factors:
“(A) The extent to which directors or senior executive
officers of the national bank, Federal branch, or Federal
agency knew of, or were involved in, the commission of
the money laundering offense of which the bank. Federal
branch, or Federal agency was found guilty.
“(B) The extent to which the offense occurred despite
the existence of policies and procedures within the national
bank, Federal branch, or Federal agency which were
designed to prevent the occurrence of any such offense.
12 use 1786
note.
STAT. 4046
PUBLIC LAW 102-550— OCT. 28, 1992
‘'(C) The extent to which the national bank, Federal
branch, or Federal agenpy has fully cooperated with law
enforcement authorities with respeik to the investigation
of the money laundering offense of which the bank. Federal
branch, or Federal agency was found guilty.
“(D) The extent to which the national bank, Federal
branch, or Federal agency has implemented additional
internal controls (since the commission of the offense of
which the beuik. Federal branch, or Federal agency was
found guilty) to prevent the occurrence of any other money
laundering offense.
“(E) The extent to which the interest of the local
community in having adequate deposit and credit services
available would be threatened by the forfeiture of the fran¬
chise.
TS) Successor UABiLnY. — ^This subsection shall not apply
to a successor to the interests of, or a person who acquires,
a bank, a Federal branch, or a Federal agency that violated
a provision of law described in paragraph (!)> if the successor
succeeds to the interests of the violator, or the acquisition
is made, in good faith and not for purposes of evading this
subsection or regulations prescribed under this subsecrtion.
“(4) Deftnition. — ^The term ‘senior executive officer’ has
the same metming as in regulations prescribed under section
32(f) of the Federm Deposit Insurance Act.”.
(b) Federal Savincss Asscxiiations.— Section 5 of the Home
Owners’ Loan Act (12 U.S.C. 1464) is amended by adding at the
end the following:
“(w) Forfeiture of Franchise for Money Laundering or
Cash Transachion Reporting Offenses.—
“(1) In general.—
“(A) Conviction of title is offense. —
“(I) Duty to notify. — If a Federal savings associa¬
tion has been convicted of any criminal offense under
section 1956 or 1957 of title 18, United States Code,
the Attorney General shall provide to the Director
a written notification of the convici:ion and shall
include a certified copy of the order of conviction from
the court rendering the decision.
‘XII) Notice of termination; pretermination
HEARING. — After receiving written notification from the
Attorney General of su^ a conviction, the Director
shall issue to the savings association a notice of the
Directors intention to terminate all rights, privileges,
and franchises of the savings asscxiation and schedule
“(S) Conviction of titije 3i offenses.— If a Federal
savings association is convicted of any criminal offense
under section 5322 of title 31, United States Code, after
receivmg written notification from the Attorney General,
the Director may issue to the savings association a notice
of the Direc^ris intention to terminate all rights, privileges,
and franchises of the savings association and i^edule a
pretermination hearing.
“(C) Judicial review. — Subsection (dXlXBXvii) shall
apply to any proceeding under this subsection.
“(2) Factors to be considered. — ^In determining whether
a franchise shall be forfeited under paragraph (1), the Director
shall tadce into account the following factors:
“(A) The extent to which directors or senior executive
officers of the savings association knew of, were involved
in, the commission of the money laundering offense of
wMch the association was found gij^ty.
“(B) The extent to which the offense occurred despite
the existence of policies and procedures within the savings
association which were designed to prevent the occurrence
of any such offense.
“(C) The extent to which the savings association has
fully cooperated with law enforcement authorities with
respect to the investigation of the money laundering offense
of which the association was found guilty.
“(D) The extent to which the savings association has
implemented additional internal controls (since the
commission of the offense of which the savings association
was found guilty) to prevent the occurrence of any other
money laundering offense.
“(E) The extent to which the interest of the local
community in having adequate deposit and credit services
available would be threatened by the forfeiture of the fran¬
chise.
“(3) Successor liability. — ^This subsection shall not apply
to a successor to the interests of, or a person who acquires,
a savings association that violated a provision of law described
in paragraph (1), if the successor succeeds to the interests
of the violator, or the acquisition is made, in good faith and
not for puiposes of evading this subsection or regulations pre¬
scribed under this subsection.
“(4) Definition. — ^The term ‘senior executive officer’ has
the same meaning as in regulations prescribed under section
32(f) of the Federm Deposit Insurance Act.”.
(c) Federal Credit Unions.— Title I of the Federal Credit
m Act (12 U.S.C. 1752 et seq.) is amended by adding at the
the following new section:
131. forfeiture of organization certificate for money 12 use 1772d.
LAUNDERING OR CASH TRANSACTION REPORTING
offenses.
“(a) Forfeiture of Franchise for Money Laundering or
H Transaction Reporting Offenses. —
“(1) Conviction of title is offenses.—
“(A) Duty to notify. — If a credit union has been con¬
victed of any criminal offense under section 1956 or 1957
of title 18, United States Code, the Attorney General shall
provide to the Board a vmtten notification of the conviction
and shall include a certified copy of the order of conviction
from the court rendering the decision.
“(B) Notice of termination; pretermination hear¬
ing. — ^After receiving written notification from the Attorney
General of such a conviction, the Board shall issue to
such credit i^on a notice of its intention to terminate
all rights, privileges, and franchises of the cre^t union
and schedule a pretermination hearing.
)6 STAT. 4048
PUBLIC LAW 102-550— OCT. 28, 1992
“(2) Conviction of title 3i offenses.— If a credit union
is convicted of any criminal offense under section 5322 of title
31, United States Code, after receiving written notification
from the Attorney General, the Board may issue to such credit
union a notice of its intention to terminate all rights, privileges,
and francMses of the credit union and scnedule a
pretermination hearing.
“(3) Judicial review. — Section 206(j) shall apply to any
proceeding under this section.
“(b) Factors To Be Considered. — In determining whether
a franchise shall be forfeited under subsection (a), the Board shall
take into account the following factors:
“U) The extent to which directors, committee members,
or senior executive officers (as defined by the Board in regula¬
tions which the Board shall prescribe) of the credit union knew
of, or were involved in, the commission of the money laundering
onense of which the credit union was found guilty.
“(2) The extent to which the offense occurred despite the
existence of policies and procedures within the credit union
which were designed to prevent the occurrence of any such
offense.
“(3) The extent to which the credit union has fully
cooperated with law enforcement authorities with respect to
the investigation of the money laundering offense of which
the credit union was found ^Ity.
“(4) The extent to whi^ the credit union has implemented
additional internal controls (since the commission of the offense
of which the credit union was found guilty) to prevent the
occurrence of any other money laundering offense.
“(5) The extent to which the interest of the local community
in having adequate deposit and credit services available would
be threatened by the forfeiture of the franchise.
“(c) Successor Liability. — This section shall not apply to a
successor to the interests of, or a person who acquires, a credit
union that violated a provision of law described in subsection (a),
if the successor succeeds to the interests of the violator, or the
acquisition is made, in good faith and not for purposes of evading
this section or regulations prescribed imder this section.”.
SEC. 1503. terminating INSURANCE OF STATE DEPOSITORY
INSTITUTIONS CONVICTED OF MONEY LAUNDERING OR
CASH TRANSACTION REPORTING OFFENSES.
(a) State Banks and Savings Associations.—
(1) In general, — Section 8 of the Federal Deposit Insur¬
ance Act (12 U.S.C. 1818) is amended by adding at the end
the following new subsection:
“(w) Termination of Insurance for Money Laundering or
Cash Transaction Reporting Offenses. —
“(1) In general.—
“(A) Conviction of title is offenses.—
“(i) Duty to notify. — If an insured State deposi¬
tory institution has been convicted of any criminal
offense under section 1956 or 1957 of title 18, United
States Code, the Attorney General shall provide to
the Corporation a written notification of the conviction
£md shall include a certified copy of the order of convic¬
tion from the oniirf ronJorina f.np Hpriainn
“(ii) Notice of termination; pretermination
HEARING.— After receipt of written notification from
the Attorney General bv the Corporation of such a
conviction, the Board of Directors shall issue to the
insured depository institution a notice of its intention
to terminate the msured status of the insured deposi¬
tory institution and schedide a hearing on the matter,
which shall be conducted in all respects as a termi¬
nation hearing pursuant to paragraphs (3) through
(5) of subsection (a).
“(B) Conviction of title 31 offenses.— If an insured
State depository institution is convicted of any criminal
offense under section 5322 of title 31, United States Code,
after receipt of written notification from the Attorney Gen¬
eral by the Corporation, the Board of Directors may initiate
Sroceedings to terminate the insured status of the insured
epository institution in the manner described in subpara¬
graph (A).
“(C) Notice to state supervisor.— The Corporation
shall simultaneously transmit a copy of any notice issued
under this paragraph to the appropriate State financial
institutions supervisor.
“(2) Factors to be considered.— In determining whether
erminate insurance under paragraph (1), the Board of Direc-
i shall take into account the following factors:
“(A) The extent to which directors or senior executive
officers of the depositor institution knew of, or were
involved in, the commission of the money laundering
offense of which the institution was found guilty.
“(B) The extent to which the offense occurred despite
the existence of policies and procedures witlun the deposi¬
tory institution which were designed to prevent the occur¬
rence of am such offense.
“(C) The extent to which the depository institution
has fiilly cooperated with law enforcement authorities with
respect to the investigation of the money laundering offense
of which the institution was found guilty.
*‘(D) The extent to which ffie depositoiy institution
has implemented additional internal controls (since the
commission of the offense of which the depository institu¬
tion was foimd guilty) to prevent the occurrence of any
other laundering offense.
*‘(E) The extent to which the interest of the local
community in having adequate deposit and credit services
available would be threatened by the termination of insur¬
ance.
“(3) Notice to state banking supervisor and public.—
en the order to terminate insured status initiated pursuant
s subsection is final, the Board of Directors shall —
*‘(A) notify the State banking supervisor of any State
d^sitory institution described in paragraph (1) and the
Office of Thrift Supervision, where appropriate, at least
10 days prior to the effective date of tne order of termi¬
nation of the insured status of such depository institution,
including a State branch of a foreign bank; and
“(B) publish notice of the termination of the insured Federal
status of the depository institution in the Federal Register, pubii^tion
106 STAT. 4050
PUBLIC LAW 102-550— OCT. 28, 1992
“(4) Temporary insurance of previously insured
DEPOSITS. — Upon termination of the insured status of any State
depository institution pursuant to paragraph (1), the deposits
of such depository institution shall be treated in accordance
with subsection (aX7).
“(5) Successor liability. — This subsection shall not apply
to a successor to the interests of, or a person who acquires,
an insured depository institution that violated a provision of
law described in paragraph (1), if the successor succeeds to
the interests of the violator, or the acquisition is made, in
good faith and not for purposes of evading this subsection
or relations prescribed under this subsection.
^6) Definition. — The term ‘senior executive officer’ has
the same meaning as in regulations prescribed under section
32(f) of this Act.".
(2) Technical amendment.— Section 8(aX3) of the Federal
Deposit Insurance Act (12 U.S.C. 1818(a)(3)) is amended by
inserting “of this subsection or subsection (w)" after
“subparagraph (B)".
(b) State Credit Unions. — Section 206 of the Federal Credit
Union Act (12 U.S.C. 1786) is amended by adding at the end
the following new subsection:
“(v) Termination of Insurance for Money Laundering or
Cash Transaction Reporting Offenses.—
“(1) In general.—
“(A) Conviction of title is offenses.—
“(i) Duty to notify. — If an insured State credit
union has been convicted of any criminal offense under
section 1956 or 1967 of title 18, United States Code,
the Attorney General shall provide to the Board a
written notincation of the conviction and shall include
a certified copy of the order of conviction from the
court rendering the decision.
“(ii) Notice of termination.— After written
notification from the Attorney General to the Board
of such a conviction, the Board shall issue to such
insured credit union a notice of its intention to termi¬
nate the insured status of the insured credit union
and schedule a hearing on the matter, which shall
be conducted as a termination hearing pursuant to
subsection (b) of this section, except mat no period
for correction shall apply to a notice issued under
this subparagraph.
“(B) Conviction of title 3i offenses.— If a credit
union is convicted of any criminal offense under section
5322 of title 31, United States Code, after prior written
notification from the Attorney General, the Board may
initiate proceedings to terminate the insured status of such
credit union in the manner described in subparagraph (A).
“(C) Notice to state supervisor.— The Board shall
simultmieously transmit a copy of any notice under this
paragraph to the appropriate State financial institutions
supervisor.
“(2) Factors to be considered.— In determining whether
to tenninate insurance under paragraph (1), the Board shall
take into account the following factors:
PUBLIC LAW 102-550— OCT. 28, 1992
106 STAT. 4051
‘"(A) The extent to which directors, committee members,
or senior executive ofiELcers (as defined by the Board in
regulations which the Board shall prescribe) of the credit
union knew of, or were involved in, the commission of
the money laundering offense of which the credit union
was foundguilly.
**(6) The extent to which the offense occurred despite
the existence of policies and procedures within the credit
union which were designed to prevent the occurrence of
any such offense.
"(C) The extent to which the credit union has fully
cooperated witih law enforcement authorities with respect
to the investigation of the money laimdering offense of
whidi the credit union was found guilty.
"(D) Hie extent to which the credit union has imple¬
ment^ additional internal controls (since the commission
of the offense of which the credit union was found £wlty)
to prevent the occurrence of any other money laundering
offense.
"(E) The extent to which the interest of the local
community in having adequate deposit and credit services
available would be threatened by me termination of insur¬
ance.
"(3) Notice to state credit union supervisor and pub-
[C. — ^When the order to terminate insured status initiated
ursuant to this subsection is final, the Board shall —
"(A) notify the commission, board, or authority (if any)
having supervision of the creoit union described in para¬
graph (1) at least 10 days prior to the effective date of
the order of the termination of the insured status of such
credit union; and
"(B) publish notice of the termination of the insured
status of the credit union.
"(4) Temporary insurance of previously insured
eposits. — ^Upon termination of the insured status of any State
redit union pursuant to paranaph (1), the deposits of such
redit union shall be treated in accordance with section
mdX2).
"(5) Successor UABiiJTY.—This subsection shall not apply
) a successor to the interests of, or a person who acquires,
a insured credit union that violated a provision of law
escribed in para|p:aph (1), if the successor succeeds to tibe
iterests of the violator, or the acquisition is made, in good
dth and not for purposes of evading this subsection or re^a-
ons prescribed under this subsection.”.
L604. REMOVING PARTIES INVOLVED IN CURRENCY REPORTING
VIOLATIONS.
i) FDIC-Insured Institutions.—
(1) Violation of reporting requirements.— Section
[eX2) of the Federal Deposit Insurance Act (12 U.S.C.
Bl^eX2)) u amended to read as follows:
"(2) Specific violations.—
"(A) In general. — ^Whenever the appropriate Federal
banking agency determines that—
"(i) an institution-affiliated party has committed
a violation of any provision of subchapter II of chapter
106 STAT. 4052
PUBLIC LAW 102-550— OCT. 28, 1992
53 of title 31, United States Code, and such violation
was not inadvertent or unintentional
**(ii) an officer or director of an insured de^itory
institution has knowledge that an institution-affiliated
parfy of the insured depository institution has violated
any such provision or any provision of law referred
to m subsection (gXlXAXii); or
**(111) an officer or director of an insured depository
institution has committed any violation of the Deposi¬
tory Institution Management Interlocks Act,
the agency may serve upon such party, officer, or director
a written notice of the agency’s intention to remove such
party finm office.
^(B) Factors to be considered.— In determining
whether an officer or director should be removed as a
result of the application of sulmaragraph (AXii), the agency
shall consider whether the officer or director took appro¬
priate action to stop, or to prevent the recurrence of, a
violation described in such subparagraph.”.
(2) Certain felony charges.— Section 8(gXl) of the Fed¬
eral Deposit Insurance Act (12 U.S.C. 1818(gXl)) is amended
to read as follows:
“(1) Suspension or pROHmiTioN.—
“(A) In general. — ^Whenever any institution-affiliated
party is charged in any information, indictment, or com¬
plaint, with the commission of or participation in —
“(i) a crime involving dishonesty or breach of trust
which is punishable by imprisonment for a term
exceeding one year under State or Federal law, or
“(ii) a criminal violation of section 1956, 1957,
or 1960 of title 18, United States Code, or section
5322 of title 31, United States Code,
the appropriate Federal banking agency may, if continued
service or participation by such party may pose a threat
to the interests of the depository institution’s depositors
or may threaten to impair public confidence in the deposi¬
tory institution, by written notice served upon such party,
suspend such party from office or prohibit such party fi*om
further participation in any manner in the conduct of the
affairs of the depository institution.
“(B) Provisions appucable to notice.—
“(i) Copy.— A copy of any notice under subpara¬
graph (A) shall also be served upon the depository
institution.
“(ii) Effective period. — A suspension or prohibi¬
tion under subpi^agraph (A) shall remain in effect
until the information, indictment, or complaint referred
to in such subparagiaph is finally disposed of or until
terminated by the agency.
“(C) Removal or prohibition.—
“(i) In general. — ^If a judgment of conviction or
an agreement to enter a pretrial diversion or other
similar program is entered against an institution-affili¬
ated pi^ in connection with a crime described in
subparagraph (AXi), at such time as such judgment
is not subject to fviither appellate review, the appro¬
priate Federal banking agency may, if continued serv-
ice or participation by such party ma^ pose a threat
to the interests of the depository institution's deposi¬
tors or may threaten to impair public confidence in
the depositorv institution, issue and serve upon such
partj^ an oraer removii^ such party fi:om office or
prombiting such party l^m further participation in
any manner in the conduct of the affairs of the deposi¬
tory institution without the prior written consent of
the appropriate agency.
*Xu) Required for certain offenses. — ^In the
case of a jud^ent of conviction or agreement against
an institution-affiliated party in connection with a vio¬
lation described in subparagraph (AXii), the appro¬
priate Federal banking agency shall issue and serve
uj^n such party an order removing such party from
office or prohibiting such party from further participa¬
tion in any manner in the conduct of the affairs of
the depository institution without the prior vmtten
consent of the appropriate agency.
“(D) Provisions appucable to order.—
“(i) Copy. — A copy of any order under subpara¬
graph (C) shall also be served upon the depository
institution, whereupon the institution-affiliated party
who is subject to the order (if a director or an omcer)
shall cease to be a director or officer of such depository
institution.
“(ii) Effect of acquittal.— A finding of not guilty
or other disposition of the charge shall not preclude
the agency from instituting proceedings after such find¬
ing or disposition to remove such party from office
or to prohibit further participation in depository
institution affairs, pursuant to paragraph (1), (2), or
(3) of subsection (e) of this section.
“(iii) Effective period. — Any notice of suspension
or order of removal issued under this paragraph shall
remain effective and outstanding until the completion
of any hearing or appeal authorized under paragraph
(3) umess terminated by the agency.”.
) Credit Unions. —
(1) Violation of reporting requirements. — Section
i6(gX2) of the Federal Credit Union Act (12 U.S.C. 1786(gX2))
amended to read as follows:
“(2) Specific violations.—
“(A) In general. — Whenever the Board determines
that —
“(i) an institution-affiliated party has committed
a violation of any provision of subchapter II of chapter
53 of title 31, United States Code, unless such violation
was inadvertent or unintentional;
“(ii) an officer or director of an insured credit union
has knowledge that an institution-affiliated party of
the insured credit union has violated any such provi¬
sion or any provision of law referred to in subsection
(iXlXAXii); or
“(iii) an officer or director of an insured credit
union has committed any violation of the Depository
Institution Management Interlocks Act,
106 STAT. 4054
PUBLIC LAW 102-550— OCT. 28, 1992
the Board may serve upon such party, ofiELcer, or director
a written notice of the Board's intention to remove sudi
officer or director firom office.
**06) Factors to be considered.— In determining
whether an officer or director should be removed as a
result of ^e application of su^aragraph (AXu), the Board
shall consider whether the officer or director took appro¬
priate action to stop, or to prevent the recurrence of, a
violation described in such subparagraph.”.
(2) Certain felony charges.— Section 206(iXl) of the Fed¬
eral Credit Union Act (12 U.S.C. 1786(iXl)) is amended to
read as foUows:
“(1) Suspension or prohibition authorized.—
“(A) In general. — ^Whenever any institution-affiliated
party is charged in any information, indictment, or com¬
plaint, with the commission of or participation in —
“(i) a crime involving dishonesty or breach of trust
which is punishable bv imprisonment for a term
exceeding one year unaer State or Federal law, or
“(ii) a criminal violation of section 1956, 1957,
or 1960 of title 18, United States Code, or section
5322 of title 31, United States Code,
the Board may, if continued service or participation by
such party may pose a threat to the interests of the credit
unions members or may threaten to imi>air public con¬
fidence in the credit union, by written notice served upon
such party, suspend such party from office or prohibit
such party from further paiticipation in any manner in
the condu^ of the affairs of the credit union.
“(B) Provisions appucable to notice.—
“(i) Copy.— A copy of any notice under subpara¬
graph (A) shall also be served upon the credit union.
“(ii) Effective period. — ^A suspension or prohibi¬
tion under subparagraph (A) shall remain in effect
until the information, indictment, or complaint referred
to in such subpari^aph is finally disposed of or until
terminated by the Boara.
“(C) Removal or PROHminoN.—
“(i) In general. — ^If a jud^ent of conviction or
an agreement to enter a pretrial diversion or other
similar program is entered against an institution-affili¬
ated party in connection with a crime described in
subparagraph (AXi), at such time as such iud^ent
is not subject to frirther appellate review, tne Board
may, if continued service or participation by such party
may pose a threat to the interests of the credit union^
members or may threaten to impair public confidence
in the credit union, issue and serve upon such party
an order removing such party from office or prohibiting
such party finm further participation in any manner
in the conduct of the affairs of the credit union without
the prior written consent of the Board.
“(ii) Required for certain offenses— In the case
of a judgment of conviction or agreement against an
institution-affiliated party in connection with a viola¬
tion described in subparagraph (AXii), the Board shall
issue and serve upon such party an order removing
PUBLIC LAW 102-550— OCT. 28, 1992
106 STAT. 4055
such party from office or prohibiting such party from
further participation in any manner in the conduct
of the cmairs of the credit union without the prior
written consent of the Board.
“(D) Provisions appucable to order.—
“(i) Copy. — A copy of any order under subpara¬
graph (C) shall also be served upon such credit union,
whereupon such party (if a dire^r or an officer) shall
cease to be a director or officer of such credit union.
“(ii) Effect of acquittal.— A finding of not guilty
or other disposition of the charge shall not preclude
the Board from instituting proce^ngs after such find¬
ing or disposition to remove such party firom office
or to prohibit farther participation in credit union
affairs, pursuant to paragraph (1), (2), or (3) of sub¬
section (g) of this section.
“(iii) Effective period. — Any notice of suspension
or order of removal issued under this paragraph shall
remain effective and outstanding until the completion
of any hearing or appeal authorized muter paragraph
(3) unless terminated by the Board.”.
(c) Attorney General Notice Requirement.— Section 1956
tf title 18, United States Code, is amended by adding at the end
he following new subsection:
“(g) Notice of Conviction of Financial Institutions.— If
my Vandal institution or any officer, director, or employee of
my finandal institution has been found guilty of an offense imder
his section, section 1957 or 1960 of this title, or section 5322
>f title 31, the Attorney General shall provide written notice of
luch fact to the appropriate regulatory agency for the finandal
nstitution.”.
(d) Technical Corrections to Provisions Relating to
^lONEY Laundering Enforcement Activities.—
(1) Section 5318(aXl) of title 31, United States Code, is
amended —
(A) by striking “or the Postal Inspection Service”; and
(B) by inserting “United States” before “Postal Service”.
(2) Section 5322(a) of title 31, United States Code, is
amended by striking “imprisonment” and inserting “imprisoned
for”.
)EC. 1605. unauthorized participation.
Section 19(aXl) of the Federal Deposit Insurance Act (12 U.S.C.
L829(aXl)) is amended by inserting “or money laundering” after
breach of trust”.
lEC. 1606. ACCESS BY STATE FINANCIAL INSTITUTION SUPJ^VISORS
TO CURRENCY TRANSACTIONS REPORTS. '
Section 5319 of title 31, United States Code, is amended —
(1) in the first sentence, by striki^ “to an a^ncy” and
inserting “to an agency, including any l^te finandal institu¬
tions supervisory agency,”; and
(2) by inserting alter the second sentence the following
new sentence: “The Secretary may only require reports^ on
the use of such information by any State finandal institutions
supervisory agency for other than supervisory purposes.”.
IS
06 STAT. 4056
PUBLIC LAW 102-550— OCT. 28, 1992
SEC. 1607. BESTRICTING STATE BRANCHES AND AGENCIES OF FOR¬
EIGN BANKS CONVICTED OF MONEY LAUNDERING
OFFENSES.
Section 7 of the International Banking Act of 1978 (12 U.S.C.
3105) is amended by inserting after subsection (h) the following
new subsection:
“(i) Proceedings Related to Conviction for Money
Laundering Offenses. —
“(1) Notice of intention to issue order.— If the Board
finds or receives written notice firom the Attorney General
that —
“(A) any foreig^n bank which operates a State agency,
a State branch wmch is not an insured branch, or a State
commercial lending company subsidiary;
"(B) any State agency;
"(C) any State bran^ which is not an insured branch;
or
"(D) anv State commercial lending subsidiary,
has been found guilty of any money laundering offense, the
Board shall issue a notice to the agency, branch, or subsidi^
of Bie Board’s intention to commence a termination proceeding
under subsection (e).
"(2) Definitions. — ^For purposes of this subsection —
"(A) Insured branch. — ^The term Hnsured branch’ has
the meaning given such term in section 3(s) of the Federal
Deposit Insurance Act.
"(B) Money laundering offense defined. — ^The term
‘money laundering offense’ means any criminal offense
under section 1956 or 1957 of title 18, United States Code,
or under section 5322 of title 31, United States Code.”.
Subtitle B — ^Nonbank Financial
Institutions and General Provisions
sec. 1611. IDENTIFICATION OF FINANCIAL INSTITUnONS.
(a) In General. — Subchapter n of chapter 53 of title 31, United
States Code, is amended by inserting after section 5326 the follow¬
ing new section:
"§ 5327. Identification of financial institutions
“(a) Regulations Required.— The Secretary of the Treasmry
shall prescribe reg^ations requiring each depository institution
to identi^ any customer (of we depository institution) which —
"(1) is a financial institution described in —
"(A) any subparagraph of section 5312(aX2) other than
subparagraphs (A) through (G); or
"(B) any regulation under any such subparagraph; and
"(2) has any account with the depository institution.
"(b) Reports Required. — Each depository institution shall
report the names of and other information about financial institu¬
tion customers required to be identified under subsection (a) to
the Secrets^ at such times and in such manner as the Secretary
shall prescribe by regulation.
"(c) Reporting Offenses. — No person ahall cause or attempt
to cause any depository institution to fail to file a report required
PUBLIC LAW 102-550— OCT. 28, 1992
106 STAT. 4057
ty this section or to file a report containing a material omission
tr misstatement of fact.
“(d) Availability of Reports.— The Secretary shall provide
eports filed under subsection (b) to appropriate State financial
nstitution supervisory agencies for supervisory purposes.
“(e) Depository Institution Defined.— For purposes of this
ection, the term 'depository institution* means any financial institu-
*on described in subparagraph (A), (B), (C), (D), (E), or (F) of
ection 5312(a)(2).’’.
(b) Technical and Conforming Amendment. — Section 6321(a)
f title 31, United States Code, is amended by adding at the end
he following new paragraph:
“(7) Financial institution identification violations.—
“(A) Penalty authorized.— The Secretaiy may impose
a civil money penalty on any person who willfully violates
any provision of section 5327 or any regulation prescribed
under such section.
“(B) Maximum amount limitation.— The amount of
any civil money penalty imposed under subpara^aph (A)
shall not exceed $10,000 per day for each day durmg which
a report remains unfiled or a report containing a material
omission or misstatement of fact remains uncorrected.”.
“(c) Clerical Amendment.— The table of sections for chapter
3 of title 31, United States Code, is amended by inserting after
he item relating to section 5326 the following new item:
>327. Identification of financial institutions.”.
(d) Effective Date of Regulations.— The initial final regula-
ions prescribed pursuant to section 5327 of title 31, United States
)ode (as added by subsection (a) of this section) shall take efifect
efore January 1, 1994.
EC. 1512. PROHmmON OF ILLEGAL MONEY TRANSMTmNG
businesses.
(a) In General.— Chapter 96 of title 18, United States Code,
3 amended by adding at the end the following section:
§ 1960. Prohibition of illegal money transmitting businesses
“(a) Whoever conducts, controls, manages, supervises, directs,
r owns all or part of a business, knowing the business is an
legal money transmitting business, shall be fined in accordance
nth this title or imprisoned not more than 5 years, or both.
“(b) As used in this section —
“(1) the term 'illegal money transmitting business’ means
a money tr^smitting business that affects interstate or foreign
commerce in any manner or degree and which is knowin^y
operated in a State —
“(A) without the appropriate money transmitting State
license; and
“(B) where such operation is punishable as a mis¬
demeanor or a felony under State law;
“(2) the term 'money transmitting* includes but is not lim¬
ited to transferring funds on behalf of the public by any and
all means including but not limited to transfers within this
country or to locations abroad by wire, check, draft, facsimile,
or courier; and
31 use 5327
note.
106 STAT, 4058
PUBLIC LAW 102-550— OCT. 28, 1992
“(3) the term ‘State* means any State of the United States,
the District of Columbia, the Northern Mariana Islands, and
any commonweal^, territory, or possession of the United
States.”.
(b) Clerical Amendment. — ^The table of sections for chapter
95 of title 18, United States Code, is amended by adding at the
end the following item:
"1960. Prohibition of illegal money transmitting businesses.”
(c) Criminal Forfeiture. — Section 982(aXl) of title 18, United
States Code, is amended by striking “or 1967” and inserting “,
1957, or 1960”.
SEC. ISIS. COMPLIANCE PROCEDURES.
Section 5318(aX2) of title 31, United States Code, is amended
by inserting “or to guard against money laundering before the
semicolon.
SEC. 1514. NONDISCLOSURE OF ORDERS.
Section 5326 of title 31, United States Code, is amended by
adding at the end the following:
“(c) Nondisclosure of Orders. — ^No financial institution or
of5cer, director, employee or agent of a financial institution subject
to an order under this section may disclose the existence of, or
terms of, the order to any person except as prescribed by the
Secretary.”
SEC. 1515. PROVISIONS RELATING TO RECORDKEEPING WITH
RESPECT TO CERTAIN FUNDS TRANSFERa
(a) Recordkeeping Regulations Required.— Section 21(b) of
the Federal Deposit Insurance Act (12 U.S.C. 1829b(b)) is
amended —
(1) striking “(b) Where” and inserting “(b) Record¬
keeping Regulations.—
“(1) In general.— Where”; and
(2) ^ adding at the end the following new paragraphs:
“(2) Domestic funds transfers.— Whenever the SeS^taiy
and the Board of Governors of the Federal Reserve System
(hereafter in IMs section referred to as the *Board*) determine
that the maintenance of records, by insured depository institu¬
tions, of payment orders which direct transfers of funds over
wholesale fwds transfer systems has a high degree of useful¬
ness in criminal, tax, or regulatory investigations or proceed¬
ings, the Secretary and me Board shall jointly prescribe
regulations to carry out the purposes of this section witn respect
to the maintenance of such records.
“(3) International funds transfers.—
“(A) In general. — The Secretary and the Board shall
jointly prescribe, after consultation with State banking
supervisors, final regulations requiring that insured denosi-
tory institutions, businesses that provide check cashing
services, money transmitting businesses, and businesses
that issue or redeem money orders, travelers* checks or
other similar instruments maintain such records of pay¬
ment orders which —
“(i) involve international transactions; and
“(ii) direct transfers of funds over wholesale funds
transfer svstems nr on the honks of anv insured denoai-
PUBLIC LAW 102-550~OCT. 28, 1992
106 STAT. 4059
provides check cashing services, any money transmit¬
ting business, and any business that issues or redeems
money orders, travelers* checks or similar instruments,
that will have a high degree of usefulness in criminal,
tax, or regulatory investigations or proceedings.
“(B) FACTORS FOR coNsmERATlON.— In prescribing the
regulations required under subparagraph (A), the Secretary
and the Board shall consider —
“(i) the usefulness in criminal, tax, or regulatory
investigations or proceedings of any record required
to be maintained pursuant to the proposed regulations;
and
“(ii) the effect the recordkeepii^ required pursuant
to such proposed regulations will have on the cost
and efficiency of the payment system.
“(C) Availability of records. — Any records required to
be maintained pursuant to the regidations prescribed under
subparagraph (A) shall be submitted or made available
to the Secretary or the Board upon request.”.
(b) Technical and Conforming AMENDMENTS.—Sectior 21 of
le Federal Deposit Insurance Act (12 U.S.C. 1829b) is amended —
(1) in subsection (c), by striking ‘Dach insured” and insert¬
ing "Subject to the requirements of any regulations prescribed
jointly by the Secretairy and the Board under paragraph (2)
or (3) of subsection (b), each insured”;
(2) in subsection (e), by striking “Whenever any” and insert¬
ing “Subject to the requirements of any regulations prescribed
jointly by the Secretary and the Board under paragraph (2)
or (3) of subsection (b). whenever any”; and
(3) in subsection (f), by striking “In addition to” and insert¬
ing “Subject to the requirements of any regulations prescribed
jointly by the Secretary and the Board under paragraph (2)
or (3) of subsection (b) and in addition to”.
(c) Effective Date of Regulations.— The initial final regula-
ons prescribed pursuant to section 21(bX3) of the Federal Deposit
ksurance Act (as added by subsection (aX2) of this section) shall
ke effect before January 1, 1994.
SC. 1516. USE OF certain RECORDS.
Section 1112(f) of the Right to Financial Privacy Act of 1978
2 U.S.C. 3412(f)) is amended —
(1) in paragraph (1), by inserting “or the Secretary of
the Treasury” after “the Attorney General”; and
(2) in paragraph (2), by inserting “and only for criminal
investigative puinoses relatmg to money laundering and other
financial crimes by the Department of the Treasur3r after “the
Department of Justice”.
SC. 15lt. SUSPICIOUS TRANSACTIONS AND FINANCIAL INSHTUTION
ANTI-MONEY LAUNDERING PROGRAMS.
(a) Reporting REQUiREMENT^^-Section 5324 of title 31, United
bates Code, is amended by inserting “or section 5325 or regulations
'escribed under such section 5325” after “section 5313(a)” each
ace such term appears.
(b) Suspicious Transactions and Enforcement Programs.—
action 5314 of title 31, United States Code, is amended by adding
; the end the following new subsections:
“(g) Reporting of Suspicious Transactions.—
12 use 1829b
note.
106 STAT. 4060
PUBLIC LAW 102-550— OCT. 28, 1992
31 use 5311
note.
“(1) In general.— The Secretary may require any financial
institution, and any director, officer, employee, or agent of
aiw financial institution, to report any suspicious transaction
retevant to a possible violation of law or regulation.
“(2) Notification prohibited. — A finimcial institution, and
a director, officer, employee, or agent of any financial institu¬
tion, who voluntary reports a suspicious transaction, or that
reports a suspicious transaction pursuant to this section or
any other aumority, may not notify any person involved in
the transaction that the transaction has been reported.
“(3) Liabiltiy for disclosures. — Any financial institution
that makes a disclosure of any possible violation of law or
regulation or a disclosure pursuant to this subsection or any
other authority, and anv director, officer, employee, or agent
of such institution, shall not be liable to any person under
any law or reg^ation of the United States or any constitution,
law, or reg^ation of any State or political subdivision thereof,
for such disclosure or for any failure to notify the person
involved in the transaction or any other person or such
ffisclosure.
“(h) Anti-Money Laundering Programs.—
“(1) In general. — ^In order to guard gainst money launder¬
ing tlu*ou^h financial institutions, the ^cretary may require
financial mstitutions to carry out anti-money laundering pro¬
grams, including at a minimum
“(A) the development of internal policies, procedures,
and controls,
“(B) the designation of a compliance officer,
“(C) an ongouig employee training program, and
“(D) an independent audit function to test programs.
“(2) Regulations. — ^The Secretary may prescribe minimum
standards for programs established under paragraph (1).”.
SEC. 1518. anti-money laundering TRAINING TEAM.
The Secretary of the Treasury and the Attorney General shall
jointly establish a team of expeits to assist and provide training
to foreign governments and agencies thereof in developing ana
expanding their capabilities for investigating and prosecuting viola¬
tions of money laundering and related laws.
SEC. 1519. INTERNATIONAL MONEY LAUNDERING REPORTS.
(a) United States Objectives.— Section 481(aXl) of the For¬
eign Assistance Act of 1961 (22 U.S.C. 2291(aXl)) is amended —
(1) by striking out “and” at the end of subparagraph (D);
(2) by redesignating subparagraph (E) as subparagraph
(F); and
(3) by inserting after subparagraph (D) the following new
subparagraph:
“(E) the objective of the United States in dealing with
the problem of international monev laundering should be to
ensure that countries adopt comprehensive domestic measures
against money laundering and cooperative with each other
in narcotics money laundering investigations, prosecutions, and
related forfeiture actions; and”
(b) Annual Reports.— Section 481(e) of that Act (22 U.S.C.
2291(e)) is amended —
(1) by redesignating paragraphs (7) and (8) as paragraphs
(8) and (9), respectively; and
ruwLiiu LiAW iuz-oou— uui. lyyz iUb
(2) by inserting after paragraph (6) the following new para-
CTaph (7):
^(7)(A) Each report pursuant to this subsection shall include
report on major money laundering countries. This report shall
ecify —
“(i) which countries are m^or money laundering countries;
“(ii) which countries identified pursuant to claizse (i) have
financi^ institutions engaging in currency transactions involv¬
ing international narcotics trafficking proceeds that include
significant amounts of United States currency or currency
derived from illegal dnm sales in the United States or that
otherwise significantly affect the United States;
“(iii) winch countries identified pursuant to clause (ii) have
not reached agreement with the United States authorities on
a mechanism for exchanging adeqizate records in connection
with narcotics investigations and proceedings;
“(iv) which countries identified pursuant to clause (iii) —
“(I) are negotiating in good faith with the United States
to establish such a record-exchange mechanism, or
“(II) have adopted laws or regulations that ensure the
availability to appropriate United States (xovemment
personnel and those of other governments of adequate
records in connection with narcotics investigations and
proceedings; and
“(v) which countries identified pursuant to clause (i) —
“(I) have ratified the United Nations Convention
Against Illicit Traffic in Narcotic Drura and Psychotropic
Substances and are taking steps to implement that Conven¬
tion and other applicable agreements and conventions such
as the recommendations of the Financial Action Task Force,
the policy directive of the European Community, the legis¬
lative guidelines of the Orgamzation of American States,
and other similar declarations, and
“(II) have entered into bilateral agreements for the
exchan^ of information on money-laundering with coun¬
tries other than the United States,
“(B) In addition, for each mqjor money laimdering country,
report shall include findings on the country’s adoption of law
id relations considered essential to prevent narcotics-related
[)ney laundering. Such findings shall include whether a country
ls —
“(i) criminalized narcotics money laundering;
“(ii) required banks and other financial institutions to know
and record the identity of customers engaging in significant
transactions, including the recording of large currency trans¬
actions at thresholds appropriate to that country’s economic
situation;
“(iii) required banks and other financial institutions to
maintain, for an adequate time, records necessary to reconstruct
significant transactions through financial institutions in order
to be able to respond quickly to information requests fi:om
appropriate government authorities in narcotics-related money
laundering cases;
“(iv) required or allowed financial institutions to report
suspicious transactions;
“(v) established systems for identifying, tracing, freezing,
seizing, and forfeiting narcotics-related assets;
106 STAT. 4062
PUBLIC LAW 102-550— OCT. 28, 1992
“(vi) enacted laws for the sharing of seized narcotics assets
with other governments;
“(vii) cooperated, when requested, with appropriate law
enforcement agencies of other governments investigating flnan-
cisd crimes related to narcotics: and
“(viii) addressed the problem on international transpor¬
tation of illegal-source currency and monetary instruments.
The report shedd mso detail instances of refusals to cooi)erate with
foreign governments, and any actions taken by the United States
Government and any international organization to address such
obstacles, including the imposition of sanctions or penalties.
*‘(C) The report shall also include information on multilateral
and bilateral strategies pursued by the Department of State, the
Department of Justice, the Department of tne Treasury, and other
relevant United States Government agencies, either collectively or
individually, to ensure the cooperation of foreign governments with
respect to narcotics-related money laundering.
‘‘(D) The report shall include specific detail to demonstrate
that all United States Government agencies are pursuing a common
strategy with respect to achieving intemationcd cooperation against
monej^aimdering and are pursuing a common strategy with respect
to mmor money laundering countries, including a summary of
United States objectives on a country-by-country basis.
“(E) As used in this paragraph, the term ‘m£gor money launder¬
ing countr/ means a country whose financial mstitutions engage
in currency transactions involving significant amounts of proceeds
from international narcotics traffi^ng.”.
(c) Definition of Major Drug-Transit Country.— Section
481(i)(5) of that Act (22 U.S.C. 2291(iX5)) is amended —
(1) by inserting “or” at the end of subparagraph (A);
(2) by striking out “or” at the end of subparagraph (B)
and inserting in lieu thereof a period; and
(3) by striking out subparagraph (C).
Subtitle C — ^Money Laundering
Enforcement Improvements
SEC. 1521. JURISDICTION IN CIVIL FORFEITURE CASES.
Section 1355 of title 28, United States Code, is amended —
(1) by inserting “(a)” before “The district”; and
(2) by adding at the end the following new subsections:
“(b)(1) A forfeiture action or proceeding may be brought in —
“(A) the district coiu*t for the district in which any of
the acts or omissions giving rise to the forfeiture occurred,
or
“(B) any other district where venue for the forfeiture action
or proceeding is specifically provided for in section 1395 of
this title or any other statute.
“(2) Whenever property subject to forfeiture under the laws
of the United States is located in a foreign country, or has been
detained or seized pursuant to legal process or competent authority
of a foreign government, an a^ion or proceeding for forfeiture
may be brou^t as provided in paragraph (1), or in the United
States District court for the District of Columbia.
“(c) In any case in which a final order disposing of property
in a civil forfeiture action or proceeding is appealed, removal of
PUBLIC LAW 102-550— OCT. 28, 1992
106 STAT. 4063
property by the prevailing party shall not deprive the court
irisdiction. Upon motion of the appealing party, the district
or the court of appeals shall issue any order necessai^ to
rve the right of the appealing party to the full value of the
erty at issue, including a stay of the judgment of the district
t pending appeal or requiring the prevailing party to post
peal bond.
(d) Any court with jurisdiction over a forfeiture action pursuant
iibsection (b) may issue and cause to be served in any other
ict sudi process as may be required to bring before the court
sroperty wat is the subject of the forfeitxire action.”.
1622. CIVIL FORFEITURE OF FUNGIBLE PROPERTY.
a) In General. — Chapter 46 of title 18, United States Code,
aended by adding at the end the following new section:
)4. Civil forfeiture of fungible property
“(a) This section shall apply to any action for forfeiture brought
he Government in connection with any offense under section
I, 1957, or 1960 of this title or section 5322 of title 31, United
es Code.
“(bXl) In any forfeiture action in rem in which the subject
erty is cash, monetaiy instruments in bearer form, funds depos-
in an account in a financial institution (as defined in section
r this title), or other fungible property —
‘*(A) it shall not be necessary for the Government to identify
the specific property involved in the offense that is the basis
for the forfeiture; and
‘*(B) it shall not be a defense that the property involved
in such an offense has been removed and replaced by identical
property.
“(2) Except as provided in subsection (c), any identical property
d in the same place or account as the property involved in
offense that is the basis for the forfeiture shall be subject
rfeiture under this section.
“(c) No action pursuant to this section to forfeit pro^rty not
3able directly to the offense that is the basis for me forfeiture
be commenced more than 1 year from the date of the offense.
“(dXl) No action pursuant to this section to forfeit property
braceable directly to the offense that is the basis for the forfeit-
may be taken against funds held by a financial institution
n interbank account, unless the financial institution holding
iccount knowingly engaged in the offense.
“(2) As used in this section, the term ^interbank account’ means
iccount held bv one financial institution at another financial
tution primarily for the purpose of facilitating customer trans-
ms.”. I
b) Conforming Amendment.— The chapter analysis for chap-
16 of title 18, United States Code, is amended by adding at
md the following:
Civil forfeiture of fungible property.”.
1623. PROCEDURE FOR SUBPOENAING BANK RECORDS.
(a) In General. — Chapter 46 of title 18, United States Code,
aended by adding at the end the following new section:
106 STAT. 4064
PUBLIC LAW 102-550— OCT. 28, 1992
**§ 986. Subpoenas for bank records
“(a) At any time after the commencement of any action for
forfeiture in rem brought by the United States under section 1956,
1957, or 1960 of this title, section 5322 of title 31, United States
Code, or the Controlled Substances Act, any party may request
the Clerk of title Court in the district in wmch the proceeding
is pending to issue a subpoena duces tecum to any financial institu¬
tion, as ^fined in section 5312(a) of title 31, United States Code,
to produce books, records and any other documents at any place
designated by the requesting partv. All parties to the proceeding
shsdl be notified of the issuance of any such subpoena. The proce¬
dures and limitations set forth in section 985 of this title shcdl
apply to subpoenas issued under this section.
Mail. “(b) Service of a subpoena issued pursuant to this section shall
be by certified mail. Records produced in response to such a sub¬
poena may be produced in person or by mail, common carrier,
or su(^ other method as may be agreed upon by the party requesting
the subpoena and the custodian of records. The party requesting
the subpoena may require the custodian of records to submit an
8^davit certifying the authenticity and completeness of title records
and explaining the omission of any record called for in the subpoena.
“(c) Nothing in this section shall preclude any party from pursu¬
ing any form of discovery pursuant to the Federal Rules of Civil
Procedure.”
(b) Conforming Amendment. — ^The chapter analysis for diap-
ter 46 of title 18, United States Code, is amended by adding at
the end tbe following:
*^86. Subpoenas for bank records.”.
SEC. 1S24. DELETION OF REDUNDANT AND INADVERTENTLY LIMIT¬
ING PROVISION IN 18 U.S.C. 1956.
Section 1956(cX7XD) of title 18, United States Code, is
amended —
(1) by striking “section 1341 (relating to mail fraud) or
section 1343 (relating to wire fraud) affecting a financial institu¬
tion, section 1344 (relating to bank fraud),”; and
(2) by striking “section 1822 of the Order Drug Para¬
phernalia Control Act (100 Stat. 3207-51; 21 U.S.C. 857)” and
inserting “section 422 of the Controlled Substances Act”.
SEC. 1526. STRUCTURING TRANSACTIONS TO EVADE CMIR REQUIRE¬
MENT.
(a) In General. — Section 5324 of title 31, United States Code,
is amended —
(1) by inserting “(a) Domestic Coin and Currency Trans¬
actions. — before “No person”; and
(2) by adding at the end the following:
“(b) International Monetary Instrument Transactions. —
No person shall, for the purpose of evading the reporting require¬
ments of section 5316 —
“(1) fail to file a report required by section 5316, or cause
or attempt to cause a person to fail to file such a report;
“(2) file or cause or attempt to cause a person to file
a report required under section 5316 that contains a material
omission or misstatement of fact; or
PUBLIC LAW 102-550— OCT. 28, 1992
106 STAT. 4065
‘‘(3) structure or assist in structuring, or attempt to struc¬
ture or assist in structuring, any importation or exportation
of monetary instruments.”.
(b) Conforming Amendment.— Section 5321(aX4XC) of title
, United States Code, is amended by striking *Smder section
I7(dr.
(c) Forfeiture.—
(1) Title is. — Section 981(aXlXA) of title 18, United States
Code, is amended 1^ striking **6324” and inserting ‘‘6324(a)”.
(2) Title si. — Section 5317(c) of title 31, United States
Code, is amended by inserting after the first sentence “Any
property, real or personal, involved in a transaction or
attempt^ transaction in violation of section 6324(b), or any
property traceable to such property, may be seized and forfeited
to the United States Government. .
D. 1BS6. clarification OF DEFINITION OF FINANCIAL INSTITU¬
TION.
(a) Section 1956. — Section 1966(cX6) of title 18, United States
de, is amended by striking “and the regulations” and inserting
the regulations”.
(b) Section 1957. — Section 1967(fXl) of title 18, United States
de, is amended by striking “financial institution (as defined in
ition 6312 of title 31)” and inserting “financial institution (as
ined in section 1956 of tins title)”.
C. 1(07. DEFINITION OF FINANCIAL TRANSACTION.
(a) Section 1956. — Section 1966(c) of title 18, United States
de, is amended —
(1) in paragraph (4XA) —
(A) by inserting “or (iii) involving the transfer of title
to any real property, vehicle, vessel, or aircraft,” after
“monetary instruments,”;
(B) by striking “which in any way or degree affects
interstate or forei^ commerce,”; and
(C) by inserting “which in any way or degree affects
interstate or foreign commerce” after “(A) a transaction”;
and
(2) in paragraph (3), by inserting “use of a safe deposit
box.” before “or any other payment”.
(b) Section 1957. — Section 1957(fXl) of title 18, United States
de, is amended by inserting “, including any transcu^tion that
uld be a financial transaction under section 1956(cX4XB) of this
e,” before “but such term does not indude”.
C!. 1828. OBSTRUCTING A MONEY LAUNDERING INVESTIGATION.
Section 1610(bX3XBXi) of title 18, United States Code, is
tended by striking “or 1344” and inserting “1344, 1966, 1967,
chapter 63 of title 31”.
C. 1888. AWARDS IN MONEY LAUNDERING CASES.
Section 624(cXlXB) of title 28, United States Code, is amended
inserting “or of sedions 1966 and 1967 of title 18, sections
13 and 5324 of title 31, and section 60601 of the Internal Revenue
de of 1986” after “criminal drug laws of the United States”.
106 STAT. 4066
PUBLIC LAW 102-550— OCT. 28, 1992
SEC. 1680. PENALTY FOR MONEY LAUNDERING CONSPIRACIES.
Section 1956 of title 18, United States Code, is amended by
inserting at the end the following new subsection:
**(£) Any person who conspures to commit any offense defined
in this section or section 1957 shall be subject to the same penalties
as those prescribed for the offense the commission of which was
the object of the conspiracy.”.
SEC. 1681. TECHNICAL AND CONFORMING AMENDMENTS TO MONEY
LAUNDERING PROVISION.
(a) Transportation. — Subsections (aX2) and (b) of section 1956
of title 18, United States Code, are amended by striking ‘^transpor-
tation” each time such term appears and inserting “transportation,
transmission, or transfer.”
(b) Technical Correction.— Section 1956(aX3) of title 18,
Unit^ States Code, is amended by striking *^presented by a
law ei^orcement officer” and inserting “represented”.
SEC. 1688. PRECLUSION OF NOTICE TO POSSIBLE SUSPECTS OF EXIST¬
ENCE OF A GRAND JURY SUBPOENA FOR BANK RECORDS
IN MONEY LAUNDERING AND CONTROLLED SUBSTANCE
INVESnGATIONa
Section 1120(bXlXA) of the Right to Financial Privacy Act
of 1978 (12 U.S.(i!. 342()(bXlXA)) is amended by inserting before
the semicolon “or crime involving a violation of the Controlled
Substance Act, the Controlled Substances Import and Export Act,
section 1956 or 1957 of title 18, sections 5313, 5316 and 5324
of title 31, or section 60501 of the Internal Revenue Code of 1986”.
SEC. 1688. ELIMINATION OF RESTRICTION ON DISPOSAL OF FOIL
FEITED PROPERTY BY THE DEPARTMENT OF THE TREAS¬
URY AND THE POSTAL SERVICE.
Section 981(e) of title 18, United States Code, is amended
by striking “The authority granted to the Secretary of the Treasury
and the Postal Service pursuant to this subse^ion shall apply
only to property that has been administratively forfeited.”.
SEC. 1684. NEW MONEY LAUNDERING PREDICATE OFFENSES
Section 1956(cX7XD) of title 18, United States Code, is
amended —
(1) by striking “or” before “section 16”;
(2) by insertw “section 1708 (theft ^m the mail),” before
“section 2113”; and
(3) by inserting before the semicolon; “, any felony violation
of section 9(c) of the Food Stamp Act of 1977 (relati^ to
food stamp fraud) involving a quantity of coupons having a
value of not less than $5,000, or any felony violation of the
Foreign Corrupt Practices Act”.
SEC. 1686. AMENDMENTS TO THE BANK SECRECY ACT.
(a) Titlb 31.— Title 31, United States Code, is amended —
(1) in section 5324, by inserting “ section 5325, or the
regulations issued thereunder” after “section 53 13(a)” each
place such term appears; and
(2) in section 5321(aX5XA), by inserting “or any jierson
willfully causing” after “willfully violates”.
(b) Federal Deposit Insurance Act.— Section 21(jXl) of the
Federal Deposit Insurance Act (12 U.S.C. 1829b(jXl)) is amended
PUBLIC LAW 102-550— OCT. 28, 1992
106 STAT. 4067
insertmg or any person who willfully causes such a violation,”
ter ‘'gross negligence violates”.
(c) Recordkeeping.— Public Law 91-608 (12 U.S.C. 1961 et
q.) is amended —
(1) in section 126(a), by insertii^ “or any person willfully
causing a violation of the regulation” after “applies,”; and
(2) in section 127, by inserting ^ or willfuliy causes a
violation or after “Whoever willfully violates”.
€. 1A86. EXPANSION OF MONEY LAUNDERING LAW TO COVER PRO¬
CEEDS OF CERTAIN FOREIGN CRIBIES.
Section 1956(cX7XB) of title 18, United States Code, is
lended —
(1) by striking “involving the manufacture” and inserting
the following: “involving —
“(i) the manufacture”; and
(2) by adding at the end the following:
“(ii) kidnaping, robbery, or eictortion; or
“(iii) fraud, or any scheme or attempt to defraud, by
or against a foreign bank (as defined in paragraph 7 of
section 1(b) of the International Banking Act of 1978;”.
Subtitle D — ^Reports and Miscellaneous
C. 1541. STUDY AND REPORT ON REIMBURSING FINANCIAL
INSTITUTIONS AND OTHERS FOR PROVIDING FINANCIAL
RECORDS.
(a) Study Required. — The Attorney General, in consultation
th the Secretary of the Treasury and the Board of Governors
the Federal Reserve System and other impropriate banking re^^u-
;ory agencies, shall conduct a study of the effect of amendmg
e ^ght to Financial Privacy Act of 1978 by allowinjgf reimburse-
mt to financial institutions for assembling or providmg financial
cords on corporations and other entities not current^ covered
ider section 1116(a) of such Act. The stuc^ shall alro include
alysis of the effect of allowing nondepositor Ucensed transmitters
funds to be reimbursed to the same extent as financial institu-
ins under that section.
(b) Report. — ^Before the end of the 180-day period beginning
the date of enactment of this Act, the Attorn^ General shall
bmit a report to the Congress on the results of the study (K)n-
icted pursuant to subsection (a).
C. 1542. REPORTS OF INFORMATION REGARDING SAFETY AND
SOUNDNESS OF DEPOSITORY INSTITUTIONS.
(a) Reports to Appropriate Federal Banking Agencies. —
(1) In general. — ^The Attorney General, the Secretary of
the Treasury, and the head of any other agency^ or instrumental¬
ity of the United States shall, unless otherwise prohibited by
law, disclose to the appropriate Federal banking agency any
information that the Attorney General, the Sec^ts^ of the
Treasuiy, or such agency head l^lieves raises significcant fx>n-
ccems regarding the safety or soundness of any depository
institution doing business in the United States.
(2) Exceptions.—
(A) Intelligence information. —
12 use 1955.
12 use 1957.
12 use
1831m-l.
106 STAT. 4068
PUBLIC LAW 102-550— OCT. 28, 1992
(i) In general. — The Director of Central Intel-
ligence shall disclose to the Attorney General or the
Secretary of the Treasury any intelli^nce information
that would otherwise be reported to an appropriate
Federal banking agency pursuant to paragraph (1).
After consultation with the Director of Central Intel¬
ligence, the Attorney General or the Secretary of the
Treasury, shall disclose the intelligence information
to the appropriate Federal banking agency.
(ii) ^OCEDURES FOR RECEIPT OP INTELUGENCE
INFORMATION. — ^Each appropriate Federal banking
agency, in consultation with the Director of Centriu
Intelligence, shall establish procedures for receipt of
intelligence information that are adequate to protect
the intelligence information.
(B) Criminal investigations, safety of government
INVESTIGATORS, INFORMANTS, AND WITNESSES.— If the Attor¬
ney General, the Secretary of the Treasury or their resp^-
tive designees determines that the disclosure of information
pursuant to paragraph (1) may jeopardize a pending civil
investigation or litigation, or a pending criminal investiga¬
tion or prosecution, may result in serious bodily iiyury
or death to Government employees, informants, witnesses
or their respective families, or may disclose sensitive inves¬
tigative techniques and methods, the Attorney General or
the Secretary of the Treasury shall —
(i) provide the appropriate Federal banking agency
a description of the information that is as specific
as possible without jeopardizing the investigation,
litigation, or prosecution, threatening serioizs bodily
iryury or death to Government employees, informants,
or witnesses or their respective families, or disclosing
sensitive investigation techniques and methods; and
(ii) permit a full review of the information by the
Federal banking agency at a location and under proce¬
dures that the Attorney General determines will ensure
the effective protection of the information while permit¬
ting the Federal banking agency to ensure the safety
and soundness of any depository institution.
(C) Grand jury investigations; criminal proce¬
dure. — ^Paragraph (1) shall not —
(i) apply to the receipt of information by an agency
or instrumentality in connection with a pending grand
jury investigation; or
(ii) be construed to require disclosure of informa¬
tion prohibited by rule 6 of the Federal Rules of Crimi¬
nal l^ocedure.
(b) Procedures for Receipt of Disclosure Reports. —
(1) In general.— Within 90 days after the date of enact¬
ment of this Act, eadi appropriate Federal banking agency
shall establish procedures for receipt of a disclosure report
by an agency or instrumentality made in accordance with sub¬
section (aXD. The procedures established in accordance with
tMs subsection shall ensure adequate protection of information
disclosed, including access control and information
PUBLIC LAW 102-550— OCT. 28, 1992
106 STAT. 4069
(2) Procedures related to each disclosure report. —
Upon receipt of a report in accordance with subsection (aXD,
the appropriate Federal banking agency shall —
(A) consult with the agency or instrumentality that
made the disclosure regarding the adequacy of the proce¬
dures established pursuant to paragraph (1), and
(B) adjust the procedures to ensure adequate protection
of the information disclosed.
(c) Effect on Agencies. — ^This section does not impose an
tfirmative duty on the Attorney General, the Secretary of the
reasury, or the he?.d of any agency or instrumentality of the
United States to collect new or to review existing information.
(d) Definitions. — ^For purposes of this section, the terms
ippropriate Federal banking agency^’ and “depository institution”
ave the same meanings as in section 8 of i^e Federal Deposit
isurance Act.
(e) Report. — ^The Attorney General and the Secretary of the
reasury shall report to the Committee on Banking, Housing, and
^rban Affairs of the Senate and the Committee on Banking, Finance
ad Urban Affairs of the House of Representatives, not later than
[) days after the end of each calendar year on their utilization
f the exceptions provided in subsection (a)(lXB).
BC. 1543. IMMUNITY.
Section 6001(1) of title 18, United States Code, is amended
y' inserting “the Board of Governors of the Federal Reserve Sys-
m,” after “the Atomic Energy Commission,”.
BC. 1644. INTERAGENCY INFORMATION SHARING.
Section 11 of the Federal Deposit Insurance Act (12 U.S.C.
321) is amended by addii^ at the end the following new subsection:
“(t) Agencies May Share Information Without Waiving
RIVILEGE. —
“(1) In GENERAL. — ^A covered agency shall not be deemed
to have waived any privilege applicable to any information
by transferring that information to or permitting that informa¬
tion to be used by —
“(A) any other covered agency, in any capacity; or
“(B) any other agency of the Federal Giovemment (as
defined in section 6 of title 18, United States Code).
“(2) Definitions. — ^For purposes of this subsection:
“(A) Covered agency. — ^The term ‘covered agency^
means any of the following:
“(i) Any appropriate Federal banking agency.
“(ii) The l^solution Trust Corporation.
“(iii) The Farm Credit Administration.
“(iv) The Farm Credit System Insurance
Corporation.
“(v) The National Credit Union Administration.
“(B) Privilege. — The term ‘privile|fe’ includes any
work-product, attorney-client, or other privilege recognized
under Federal or State law.
“(3) Rule of construction.— Paragraph (1) shall not be
construed as implying that any person waives any privilege
applicable to any information because paragraph (1) does not
apply to the transfer or use of that information.”.
106 STAT. 4070
Ck)unterfeit
Deterrence
Act of 1992.
18 use 471
note.
PUBLIC LAW 102-550— OCT. 28, 1992
Subtitle E — Counterfeit Deterrence
SEC. 1651. SHORT TITLE.
This subtitle may be cited as the “Counterfeit Deterrence Act
011992”.
SEC. 1652. INCREASE IN PENALTIES.
Section 474 of title 18, United States Code, is amended —
(1) by inserting “(ar before “Whoever” the first time it
appears:
(2) by striking “United States; or” at the end of tiie sixth
undesignated paragraph and inserting “United States — **;
(3) by stril^g the seventh undesignated paragraph;
(4) by amenmng the last undesignated paragraph to read
as follows:
“Is guilty of a class C felony.”; and
(5) by adding at the end hereof the following:
“0t>) For purposes of this section, the terms opiate, ‘stone*, ‘thin^,
or ‘other thing* mcludes any electronic method used for the acquisi¬
tion, recording, retrieval, transmission, or reproduction of any
obligation or o^er security, unless such use is authorized by the
Secretary of the Treasury. The Secretary shall establish a system
(pursuant to section 504) to ensure that the legitimate use of
such electronic methods and retention of such reproductions by
businesses, hobbyists, press and others shall not be unduly
restricted.”.
SEC. 155S. DETERRENTS TO COUNTERFEITING.
(a) In General. — Chapter 25 of title 18, United States Code,
is amended by inserting amr section 474 the following new section:
‘*§474A. Deterrents to counterfeiting of obligations and
securities
“(a) Whoever has in his control or possession, after a distinctive
paper has been adopted by the Secretary of the Treasury for the
obligations and other securities of the United States, anv similar
paper adapted to the making of any such obligation or other secu¬
rity, except under the authority of the Secret^ of the Treasury,
is guilty of a class C felony.
“(b) Whoever has in his control or possession, after a distinctive
counterfeit deterrent has been adopted by Uie Secretary of the
Treasury for the obligations and other securities of the United
States by publication in the Federal Register, any essentially iden¬
tical feature or device adapted to the making of any such obligation
or security, except under the authority of the Secretary of the
Treasury, is guilty of a class C felony.
“(c) As used in this section —
“(1) the term ‘distinctive paper* includes any distinctive
medium of which currency is made, whether of wood pulp,
rag, plastic substrate, or other natural or artificial fibers or
materials; and
“(2) the term ‘distinctive coimterfeit deterrent* includes any
ink, watermark, seal, security thread, optically variable device,
or other feature or device;
“(A) in which the United States has an exclusive prop¬
erty interest; or
PUBLIC LAW 102-550— OCT. 28, 1992
106 STAT. 4071
*"(8) which is not otherwise in commercial use or in
the public domain and which the Secreta^ designates as
being necessary in preventing the counterfeiting of obliga¬
tions or other securities of the United States.”.
Chapter Analysis.— The chapter analysis for chapter 25
18, United States Code, is amended by adding after the
r section 474 the following:
leterrents to counterfeiting of obligations and securities.”.
S4. REPRODUCTIONS OF CURRENCY.
ction 504 of title 18, United States Code, is amended —
(1) in paragraph (IXD), by striking the comma at the
1 thereof and inserting a period;
(2) in paragraph (1>—
(A) by striking *‘for philatelic” from the text following
sulmaragraph (D) and all that follows through **albums). ,
andT
(B) by adding at the end the following new sentence:
Secrets^ of the Treasury shall prescribe reg^ations to
rmit color illustrations of such ciurency of the United States
the Secretary determines may be appropriate for such
rposes.”.
(3) by redesignating paragraph (2) as paragraph (3) and
erti^ after paragrapn (1) the following new paragraph:
*\2) The provisions of this section sh^ not penmt the
troduction of illustrations of obligations or other securities,
or through electronic methods used for the acquisition,
ording, retrieval, transmission, or reproduction of anv obliga-
n or other security, unless such use is authorizea by uie
:retary of the Treasury. The Secretary shall establish a sys-
Q to ensure that the legitimate use of such electronic methods
i retention of such reproductions by businesses, hobbyists,
988 or otiiers shall not be unduly restricted.”; and
(4) in paragraph (3), as r^esignated by paragraph (3)
this subsection, by striluhg **but not for advertising purposes
:ept philatelic advertising, .
ubtitle F — ^Miscellaneous Provisions
II. CIVIL MONEY PENALTIES.
In General. — Section 5321(aX6) of title 31, United States
9 amended to read as follows:
“(6) Negugence.—
“(A) In general. — ^The Secretary of the Treasury may
impose a civil money penalty of not more than $500 on
any financial institution wmch negligently violates any
provision of this subchapter or any regulation prescribed
under this subchapter.
“(B) Pattern of negligent Acnvrry.— If any financial
institution engages in a pattern of negligent violations
of any provision of this subchapter or any regulation
prescribe under this subchapter, the Secretary of the
Treasury may, in addition to any penalty imposed under
subparagraph (A) with respect to any such violation, impose
a civil mone^ penalty of not more than $50,000 on the
financial institution.”.
Regulations.
106 STAT. 4072
PUBLIC LAW 102-550— OCT. 28, 1992
31 use 5321
note.
0)) BFFECJnvE Date. — ^The amendment made by subsection (a)
shall apply with respect to violations committed after the date
of the enactment of this Act.
SEC. 1S62. AUTHORriY TO ORDER DEPOSITORY INSTITimONS TO
OBTAIN COPIES OF CTRS FROM CUSTOMERS WHICH ABE
UNREGULATED BUSINESSER
Section 5326 of title 31, United States Code, is amended—
(1) by redesignating subsection 0)) as subsection (d); and
(2) by inserting after subsection (a) the following new sub*
Section t
“(b) Authority To Order Depository Institutions To Obtain
Reports From Customers.—
“(1) In general. — ^The Secretary of the Treasu^ may, by
regulation or order, require any depository institution (as
deraed in section 3(c) of the Federal Deposit Insurance Act)—
**(A) to request any financial institution (other than
a depository institution) which engines in any reportable
transaction with the depository institution to provide the
depository institution with a copy of any report filed by
the financial institution under this subtitle with resp^
to any prior transaction (between such financial institution
and any other person) which involved any portion of the
coins or currency (or monetary instruments) which are
involved in the reportable transaction with the depository
institution; and
“(B) if no copy of any report described in subparagraph
(A) is received by the depository institution in connection
with any reportable transaction to which such subpara-
nh applies, to submit (in addition to any report required
ir tnis subtitle with respect to the reportable trans¬
action) a vmtten notice to the Secretary that the financial
institution failed to provide any copy of such report.
‘X2) Reportable transaction defined.— For purposes of
this subsection, the term ^reportable transaction' means any
transaction involving coins or currency (or such other monet^
instruments as the Secretary may aescribe in the reg^tion
or order) the total amounts or denominations of wmch are
equal to or greater than an amount which the Secretary may
prescribe.”.
SEC. 1S68. WHISTLEBLOWER PROTECTION FOR EBfPLOYEES OF
FINANCIAL INSTITUTIONS OTHER THAN DEPOSITORY
INSTITUTIONS.
(a) In General. — Subchapter II of chapter 53 of title 31, United
States Code, is amended by inserting after section 5327 (as added
by section 1511(a) of this tiUe) the following new section:
**§ 5328. Whistleblower protections
“(a) PROHiBrnON Against Discrimination.— No financial
institution may discharge or otherwise discriminate against any
employee with respect to compensation, terms, conditions, or privi¬
leges of emplo^ent because the employee (or anv person acting
pursuant to the request of the employee) proviciea information
to the Secretary of the Treasury, the Attomev General, or any
Federal supen^ry agency regar^g a possible violation of any
provision of this subchapter or section 1956, 1957, or 1960 of title
18, or any regulation under any such provision, by the financial
PUBLIC LAW 102-550— OCT. 28, 1992
106 STAT. 4073
ution or any director, officer, or employee of the financial
ution.
» Enfoiu^ement.-— Any employee or former employee who
'ea that sudi employee has been discharaed or discriminated
t in violation of subsection (a) may me a civil action in
ppropriate United States district court before the end of the
r period beginning on the date of such discharge or
mination.
'c) Remedies. — If the district court determines that a violation
ccurred, the court may order the financial institution which
itted the violation to —
**(1) reinstate the employee to the employee's former
osition;
*'(2) pay compensatory damages; or
**(3) tedce otner appropriate actions to remedy any past
iscrimination.
[d) Limitation. — ^The protections of this section shall not apply
r employee who —
*'(1) deliberately causes or participates in the alleged viola-
on of law or regulation; or
*'(2) knowingly or recklessly provides substantially false
iformation to ffie Secretary, uie Attorney General, or any
ederal supervisory M;en<^.
e) Coordination with Other Provisions op LAW.—This
n shall not apply vidth respect to any financial institution
I is subject to section 33 of the Federal Deposit Insurance
ection 213 of the Federal Credit Union Act, or section 21A(q)
9 Home Owners’ Loan Act (as added by section 251(c) of
'^eral Deposit Insurance Corporation Improvement Act of
)) Clerical Amendment. — ^The table of sections for chapter
title 31, United States Code, is amended by inserting a^r
^m relating to section 5327 (as added by section 1511(c)
} Act) the following new item:
Whistleblower protections.”.
S64. ADVISORY GROUP ON REPORTING REQUIREMENTS.
0 Establishment. — ^Not later than 90 davs after the date
) enactment of this Act, the Secretary of the Treasury shall
ish a Bank Secrecy Art Advisory Group consisting of rep-
batives of the Department of the Treasu^, the Department
stice, and the Office of National Dri^ Control Poli<^ and
ler interested persons and financial institutions subject to
iptortine requirements of subchapter II of chapter 53 of title
nited States Code, or section 60501 of the Internal Revenue
Dfl986.
>) Purposes. — ^The Advisory Group shall provide a means
ich the Secretary —
(1) informs private sector representatives, on a regular
asis, of the ways in which the reports submittcNl pursuant
> the requirements referred to in subsection (a) have been
sed;
(2) infomM private sector representatives, on a regular
asis, of how information regarding suspicious financial teans-
ctions provided voluntarily by financial institutions has been
sed; and
31 use 5311
note.
106 STAT. 4074
PUBLIC LAW 102-550— OCT. 28, 1992
31 use 5311
note.
(3) receives advice on the manner in which the reporting
requirements referred to in subsection (a) should be modified
to enhance the ability of law enforcement agencies to use the
information provided for law enforcement purposes.
(c) INAPPUCABILITY OF FEDERAL ADVISORY COMMIITEE ACT.—
The Federal Advisory Conunittee Act shall not apply to the Bank
Secrecy Act Advisory Group established pursuant to subsection
(a).
SEC. 1S6S. GAO FEASmiUTY STUDY OF THE FINANCIAL CRIMES
ENFORCEMENT NETWORK
(a) Study Required. — The Comptroller General of the United
States shall conduct a feasibility study of the Financial Crimes
Enforcement Network (popularly referred to as *'Fincen”) estab¬
lished by ^e Secretary of the IVeasury in cooperation with other
agencies and departments of the United States and appropriate
Federal baiddng agencies.
(b) Specific I^quirements. — In conducting the study required
under subsection (a), the Comptroller General shall examine and
evaluate —
(1) the extent to which Federal, State, and local govern¬
mental and nongovernmental organizations are voluntarily
providing information which is necessary for the system to
be useful for law enforcement purposes;
(2) the extent to which the operational guidelines estab¬
lished for the system provide for the coordinated and efficient
entry of information into, and withdrawal of information from,
the system;
(3) the extent to which the operating procedures established
for the system provide appropriate standards or guidelines
for determining —
(A) who is to be given access to the information in
the system;
(B) what limits are to be imposed on the use of such
information; and
(C) how information about activities or relationships
whi<h involve or are closely associated with the exercise
of constitutional rights is to be screened out of the system;
and
(4) the extent to which the operating procedures established
for the system provide for the prompt verification of the
accuracy and completeness of information entered into the sys¬
tem and the prompt deletion or correction of inaccurate or
incomplete information.
(c) Report to Congress. — Before the end of the 1-year period,
beginning on the date of the enactment of this Act, the Comptroller
General of the United States shall submit a report to the Congress
containing the findings and conclusions of the Comptroller (general
in connection with the study conducted pursuant to subsection
(a), together with such recommendations for legislative or adminis¬
trative action as the Comptroller General may determine to be
appropriate.
PUBLIC LAW 102-550— OCT. 28, 1992
106 STAT. 4075
[TLE XVI— TECHNICAL CORRECTIONS
OF BANKING LAWS
Subtitle A— Federal Deposit Insurance
Corporation Improvement Act
1601. TABLE OF CONTENTS.
Section 1 of the Federal Deposit Insurance Corporation
rovement Act of 1991 is amended to read as follows:
mON 1. SHORT TITLE: TABLE OF CONTENTS.
**(a) Short Title. — This Act may be cited as the Tederal
osit Insurance Corporation Improvement Act of 1991*.
“(b) Table op Contents. —
1. Short title; table of contents.
*TITLE I— SAFETY AND SOUNDNESS
"Subtitle A — ^Deposit Insurance Funds
101. Funding for the Federal deposit insurance funds.
102. limitao^on on outstanding borrowing.
103. Repayment schedule.
104. Rerapitalizing the Bank Insurance Fund.
105. Borrowing for BIF from BIF members.
"Subtitle B — Supervisory Reforms
111. Improved examinations.
112. Independent annual audits of insured depository^ institutions.
113. Assessments required to cover costs of examinations.
114. Examination and supervision fees for national banks and savings
associations.
115. Application to FDIC required for insurance.
"Subtitle C — Accounting Reforms
121. Accounting objectives, standards, and requirements.
122. Small busmess and smaU farm loan information.
123. FDIC property disposition standards.
"Subtitle D — ^Prompt Corrective Action
131. Prompt corrective action.
132. Standards for safety and soundness.
133. Conservatorship and receivership amendments to facilitate prompt cor¬
rective action.
"Subtitle E — Least-Cost Resolution
141. Least-cost resolution.
142. Federal Reserve discount window advances.
143. Early resolution.
"Subtitle F — Depository Institutions Ijscking Federal Deposit Insurance
151. Depository institutions lacking Federal deposit insurance.
"Subtitle G — ^Technical Corrections
161. Technical corrections and clarifications.
"TITLE n— REGULATORY IMPROVEMENT
"Subtitle A— Regulation of Foreign Banks
201. Short title.
202. Regulation of foreign bank operations.
203. Conduct and coordmation of examinations.
204. Supervision of the representative offices of foreign banks.
205. Reporting of stock loans.
12 use 1811
note.
.4076
PUBLIC LAW 102-550— OCT. 28, 1992
*Sec. 206. Cooperation with fiireign supervisors.
207. Approral leoiired for acquisition by foreign banks of shares of United
l^tes baw.
“Sec 208. Fbnalties.
“Sec! 209! Powers of agencies respecting applications, examinations, and other jne
*Sec. 210. Clari&oE^n of managerial standards in Bank Bidding Company Act 0
1956.
*Sec. 211. Standards and factors in the Home Owners’ Loan Act
*Sm. 212. AuthoriW of Federal banking agencies to enforce consumer statutes.
"Sec. 213. Criminal penalty for violati^ the International Banking Act of 1978.
“Sec. 214. MiscellanMus amendments to the Intomational Banking: Act of 1978.
*Sm. 215. Study and report on subsidiary requirements for foreign nanks.
*Subtitle B— Customer and Consumer Provisions
"Sec. 221. Study on regulatoty burden.
"Sec 222. Discussion of lending data.
*Sec. 223. Enforcement of Equal Credit Opportunity Act.
*Sec. 224. Home Mortgage Disclosure Act
"Sec. 225. Notice of safeguard exception.
"Sec. 226. Delegated processing.
"Sec. 227. Deposits at noimroprietary automated teller machines.
"Sec. 228. Notice cdbnmch closure.
"Subtitle C — ^Bank Enterprise Act
"Sec. 231. Short title.
"Sec. 232. Reduced assessment rate for deposits attributable to lifeline accounts.
"Sec. 233. Assessment credits for qualifying activities relating to distressed commi
nities.
"Sec. 234. Community development organizations.
"Subtitle D — ^FDIC Property Disposition
"Sec. 241. FDIC affordable housing program.
"Subtitle E — ^Whistleblower Protections
"Sec. 251. Additional whistleblower protections.
"Subtitle F— Truth in Savings
"Sec. 261. Short title.
"Sec. 262. Fmdings and purpose.
"Sec. 263. Disclosure of mterest rates and torms of accounts.
"Sec. 264. Account schedule.
"Sec. 265. Disclosure requirements for certain accounts.
"Sec. 266. Distribution of schedules.
"Sec. 267. Payment of interest.
"Sec. 268. Periodic statements.
"Sec. 269. Regii^tions.
"Sec. 270. Administrative enforcement
"Sec. 271. Civil liability.
"Sec. 272. Credit unions.
"Sec. 273. Effect (m State law.
"Sec. 274. Definitions.
"TITLE m— FEDERAL DEPOSIT INSURANCE REFORM
"Subtitk A— Activities
"Sec. 301. limitations on brokered deposits and deposit solicitations.
"Sec. 302. Risk-based assessments.
"Sec. 303. Restrictions on insured State bank activities.
"Sec. 304. Restrictions on real estate lending.
"Sec. 305. Improvinff capital standards.
"Sec. 306. Safeguards against insider M>use.
"Sec. 307. FDiC back-up enforcement authority.
"Sec. 308. Interbank liabilities.
"Subtitle B — Coverage
"Sec. 311. Deposit and pass-through insurance.
"Sec. 312. Foreign deposits.
"Sec. 313. Penalty for false assessment reports.
"Subtitle C — ^Demonstration Prqject and Studies
"Sec. 321. Feasibility study on authorizing insured and uninsured deposit aceouni
PUBLIC LAW 102-550— OCT. 28, 1992
106 STAT. 4077
)22. Private reinsurance study.
“TITLE IV— MISCELLANEOUS PROVISIONS
“Subtitle A — Payment System Risk Reduction
101. Finding and purpose.
102. Definitions.
Ir03. Bilateral netting.
104. Clearing organization netting.
105. Preemption.
106. Relationship to other payments systems.
107. National emergencies.
“Subtitle B — ^Right to Financial Privacy Act of 1978
111. Amendments to the Right to Financial Privacy Act of 1978.
“Subtitle C — ^Final Settlement Payment Procedure
116. Final settlement payment procedure.
“Subtitle D— Miscellaneous Committees, Studies, and Reports
121. Amendments relating to Federal Reserve Board reserve requirements.
122. Permanent authorization of Credit Standards Advisory Committee.
“Subtitle E — ^Utilization of Private Sector
126. Utilization of private sector.
127. Reporting.
“Subtitle F— Emergen(7 Assistance for Rhode Island
131. Emergency loan guarantee.
“Subtitle G — Qualified Thrift Lender Test Improvements
136. Short title.
137. A4justment of compliance periods for purposes of qualified thrift lender
test.
138. Increase in amount of liquid assets excludable from Mitfolio assets.
139. Additional investments included in definition of qualwed Uuift assets.
140. Prudent diversification of assets.
141. Consumer lending by Federal savings associations.
title H — ^Prohibition on Entering Secrecy Agreements and Protective Orders
146. Prohibition on entering into secrecy agreements and protective orders.
“Subtitle I — ^Bank and Thrift Employee Provisions
161. Continuation of health plan coverage in cases of failed financial institu¬
tions.
“Subtitle J— Sense of the Congress Regarding the Credit Crisis
156. Credit crunch.
“Subtitle K— Acquisition of Insolvent Savings Associations
161. Acquisition of insolvent savings associations.
“Subtitle L — Creditability of Service
166. Creditability of service.
“Subtitle M — Other Miscellaneous Provisions
171. Providing services to insured depository institutions.
172. Real estate appraisals.
173. Emeif(ency liquidity.
174. Discrunination against reorganized debtors.
175. Purchased mortgage servic^ rights.
176. Limitation on securities private rights of action.
177. Modified small business lending dimosure.
178. Special insured deposits.
“Subtitle N — Severability
181. Severability.
06 STAT. 4078
PUBLIC LAW 102-550— OCT. 28, 1992
“TITLE V-DEPOSITORY INSTITUTION CONVERSIONS
“Sec. 501. Mergers and acquisitions of insured depository institutions during con¬
version moratorium.
“Sec. 602. Mergers, consolidations, and other acquisitions authorized.”.
SEC. 1602. TRANSFER AND REDESIGNATION OF SECTIONS WITH
DUPUCATE SECTION NUMBERS.
(a) Duplicate Section 39. — ^The section of the Federal Deposit
Insurance Act (12 U.S.C. 1811 et seq.) which was added by section
228 of the Federal Deposit Insurance Corporation Improvement
Act of 1991 (relating to notice of branch closures and designated
12 use I83ip, as section 39) is hereby—
I83ir-i. (1) transferred and inserted after section 41 of the Federal
Deposit Insurance Act (as added by section 312 of the Federal
Deposit Insurance Corporation Improvement Act of 1991); and
(2) redesignated as section 42.
(b) Duplicate Section 40. — ^The section of the Federal Deposit
Insurance Act (12 U.S.C. 1811 et seq.) which was added by section
151 of the Federal Deposit Insurance Corporation Improvement
Act of 1991 (relating to depository institutions lacking Federal
12 use issit. deposit insurance and designated as section 40) is herebv —
(1) transferred and inserted after section 42 of the Federal
Deposit Insurance Act (as transferred and redesignated by sub¬
section (a) of this section); and
(2) redesignated as s^ion 43.
SEC. 1603. TECHNICAL CORRECTIONS RELATING TO TITLE I OF THE
FEDERAL DEPOSIT INSURANCE CORPORATION IMPROVE¬
MENT ACT OF 1091.
(a) Amendments Relating to Subtitle A —
(1) The 1st sentence of section 7(bXlXAXiii) of the Federal
Deposit Insurance Act (12 U.S.C. 1817(bXlXAXiii)) (as amended
by section 104(b) of the Federal Deposit Insurance Corporation
Improvement Act of 1991) is amended by inserting '^ate” before
the period.
(2) Section 14(dX2XD) of the Federal Deposit Insurance
Act (12 U.S.C. 1824(d)(2)0D)) (as amended by section 105 of
the Federal Deposit Insurance Corporation Improvement Act
of 1991) is amended by striking ‘^ember^ and inserting
“membe^.
(3) Effective on the effective date of the amendment made
by section 302(a) of the Federal Deposit Insurance Corporation
Improvement Act of 1991, section 7(b) of the Federal Deposit
Insurance Act (12 U.S.C. 1817(c)) (as amended by such section
302(a)) is amended —
(A) by adding at the end, the para^aph added to
such section 7(b) (as in effect on the day before the effective
date of such amendment) by section 103(bX2) of the Federal
Deposit Insurance Corporation Improvement Act of 1991;
and
(B) by redesignating such paragraph as paragraph (6).
(b) Amendments Relating to Subtitle B. —
(1) Section KXd) of the Federal Deposit Insurance Act
(12 U.S.C. 1820(d)) (as added by section 111 of the Federal
Deposit Insurance Corporation Improvement Act of 1991) is
amended —
(A) in par^aph (5), by inserting “or the Resolution
Trust Corporation” after “the Corporation” each place such
term appears;
PUBLIC LAW 102-550— OCT. 28, 1992
106 STAT. 4079
(B) in paragraph (5XB), by inserting a comma after
“bank”; and
(C) by striking paragraph (6).
(2) Section 112 of ^e Federal Deposit Insurance Corpora-
n Improvement Act of 1992 is amended —
(A) by redesignating subsection (b) as subsection (c);
and
(B) by inserting after subsection (a) the following new
subsection:
) Technical and Conforming Amendment.— Section 3(r)
Federal Deposit Insurance Act (12 U.S.C. 1813(r)) is amended
d as follows:
r) State Bank Supervisor.—
XI) In general. — ^The term “State bank supervisor” means
[ly officer, agency, or other entity of any State which has
rimary regulatory authority over State banks or State savings
jsociations in such State.
X2) Interstate appucation.— The State bank supervisors
' more than 1 State may be the appropriate State bank super¬
ior for any insured depository institution.’”.
(3) Section 36 of the Federal Deposit Insurance Act (as
ided by section 112 of the Federal Deposit Insurance Corpora-
on Improvement Act of 1991) is amended —
(A) in subsection (bX2XAXiii), by striking “Corporation
or” and inserting “Corporation and”;
(B) in subsection (gX3XAXi), by striking “an appro¬
priate” and inserting “any appropriate”; and
(C) in subsection (gX5), by inserting “and each appro¬
priate Federal banking agency” after “Corporation” each
place such term appears.
(4) Section 113(aX2) of the Federal Deposit Insurance Cor-
)ration Improvement Act of 1991 is amended by striking
Lll(aXl)” and inserting “111(a)”.
(5) The 1st sentence of the 4th undesignated paragraph
’ section 5240 of the Revised Statutes (12 U.S.C. 482) (as
nended by section 114 of the Federal Deposit Insurance Cor-
)ration Improvement Act of 1991) is amended by striking
luties” and inserting “office”.
(6) Section 115(b) of the Federal Deposit Insurance Cor-
)ration Improvement Act of 1991 is amended by inserting
Section” before “4(b)”.
) Amendment Relating to Subtitle C.— Section 122 of the
Ed Deposit Insursmce Corporation Improvement Act of 1991
mded by redesignating subsection (d) as subsection (c).
1) Amendments Relating to Subtitle D.—
(1) Section 38 of the Federal Deposit Insursmce Act (as
Ided by section 131(a) of the Federsd Deposit Insursuice Cor-
^ration Improvement Act of 1991) is Eunended —
(A) in subsection (eX2XDXi), by striking “and” where
such term appears sifter the semicolon;
(B) in subsection (fX6), by striking “functional regulator
(as defined in section 2(s) of the Bc^ Holding Compsuiy
Act of 1956)” and insert “appropriate regulator”;
(C) in subsection (g)(lXB), by striking “capitalized,”
and inserting “capitalized (but not well capitalized),”; suid
(D) in the heading of subsection (fX6), by striking
“functional” and inserting “other”.
12 use 1831m
note.
12 use 1831m.
12 use 1820.
12 use 1814.
12 use 1817
note.
12 use 1831o.
106 STAT. 4080
PUBLIC LAW 102-550— OCT. 28, 1992
12 use 1818.
12 use 1813.
12 use 191.
12 use 191.
(2) Section 131(cX2XA) of the Federal Deposit Insurance
Corporation Improvement Act of 1991 is amended by inserting
"the Ist and 2d place such term appears” before the semicolon.
(3) Section 8(iXl) of the Federal Deposit Insurance Act
(12 U.S.C. 1818(iXl)) (as amended by section 131(cX2XA) of
the Federal Deposit Insurance Corporation Improvement Act
of 1991) is amended —
(A) by inserting "or 39” after "38” each place such
term appears; and
(B) by striking “order under this section, .or to review”
and inserting "order under any such section, or to review”.
(4) Section 8(iX2XAXii) of the Federal Deposit Insurance
Act (12 U.S.C. 18i8(i)(2XAXii)) (as amended by section
131(cX2XB) of the F^eral Deposit Insurance Corporation
Improvement Act of 1991) is amended by striking "subsection
(b), and all that follows through the semicolon and inserting
"subsection (b), (c), (e), (g), or (s) or any final order under
section 38 or 39;”.
(5) Section 131(cX3) of the Federal Deposit Insurance Cor¬
poration Improvement Act of 1991 is amended by striking "add-
mg at the end” and inserting "inserting after subsection (x)”.
(6) Section 133(b) of the Federal Deposit Insurance Cor¬
poration Improvement Act of 1991 is amended by striki^ "Sec¬
tion 1 of tile Act of Jime 30, 1876” and inserting “Tme Ist
section of tiie Act entitled "An Act authorizing the appointment
of receivers of national banking associations, and for other
purposes.’ and approved June 30, 1876”.
(7) The Act entitled “An Act authorizing the appointment
of receivers of national banking associations, and for other
purposes.” and approved June 30, 1876 (as amended by section
133(b) of the Federal Deposit Insurance Corporation Improve¬
ment Act of 1991) is amended —
(A) by redesignating section 1 as section 2 and by
inserting after the enacting clause the following new
section:
National Bank
Receivership
Act.
12 use 191
note.
12 use 191.
*«ECnON 1. SHORT TITLE.
"This Act may be cited as the "National Bank Receivership
Act’.”; and
(B) in section 2 (as amended by section 133(b) of the
Federal Deposit Insurance Corporation Improvement Act
of 1991 and redesignated by subparagraph (A) of this para¬
graph), by striking "appoint the Federal Deposit Insurance
Corporation as receiver for any national banking associa¬
tion^ and inserting "appoint a receiver for any national
bank (and such receiver shall be the Federal Deposit Insur¬
ance Corporation if the national bank is an insured bank
(as defined in section 3(h) of the Federal Deposit Insurance
Act))”.
(8) Bfifective on the effective date of the amendment made
by section 133(dXl) of the Federal Deposit Insurance Corpora¬
tion Improvement Act of 1991, section 6(dX2XA) of the Home
Owners' Loan Act (12 U.S.C. 1464(dX2XA)) (as amended by
such section 133(dXl)) is amended by inserting a period at
the end.
(9) The paragraph designated as "(p)” of section 11 of
the Federal Reserve Act (12 U.S.C. 248) (as added by section
PUBLIC LAW 102-550— OCT. 28, 1992
106 STAT. 4081
133(f) of the Federal Deposit Insurance Corporation Improve-
ment Act of 1992) is hereby redesignated as paragrajm (o).
(10) The headii^ of subtitle D of title I of the Federsd
Deposit Insurance (Corporation Improvement Act of 1991 is
amended to read as follows:
^Subtitle D — Prompt Corrective Action^.
(11) The headi^ of section 131 of the Federal Deposit
Insurance Corporation Improvement Act of 1991 is amended
to read as follows:
*n9EC. 181. PROBfPT CORBECTIVE ACTION.*.
(12) The heading of section 133 of the Federal Deposit
Insurance Corporation Improvement Act of 1991 is amended
by striking ‘‘regulatory** and inserting “corrective**.
(e) Amendments Relating to Subtitle E.—
(1) Section ll(dX5XDXiiiXI) of the Federal Deposit Insur¬
ance Act (12 U.S.C. 1821(dX5XDXiiiXI)) (as amended by section
141(b) of the Federal Deposit Insurance Corporation Improve¬
ment Act of 1991) is amended b^ striking “institution described
in paragraph (3XA)** and mserting “insured depository
institution**.
(2) The amendment made by section 142(c) of the Federal
Deposit Insurance Corporation Improvement Act of 1991 (add¬
ing a paragraph at the end of section 11 of the Federal Reserve
Act) shall be considered to have been executed before the
amendment made by section 133(0 of the Federal Deposit Insur¬
ance Corporation Improvement Act of 1991.
(0 Amendments Relating to Subtitle F.—
(1) Section 151(b) of the Federal Deposit Insurance Cor¬
poration Imi>rovement Act of 1991 is amended —
(A) in paragraph (1), by striking “section 40(aXl)*’ and
inserting “section 43(aXi)’*; and
(B) in paragraph (3>—
(i) by strilung “ ‘dej^sit’,**;
(ii) by striking “and**;
(iii) by inserting and ‘private deposit insurer***
before ‘iiave the same meaning^*; and
(iv) by striking “section dCKO” and inserting “sec¬
tion 43(0”.
(2) The heading of subtitle F of title I of the Federal
Deposit Insurance Corporation Improvement Act of 1991 is
amended to read as follows:
^Subtitle F — ^Depository Institutions
Lacking Federal Deposit Insurance”.
SEC. 1604. TECHNICAL CORRECTIONS RELATING TO TITLE H OF THE
FEDERAL DEPOSIT INSURANCE CORPORATION IMPROVE¬
MENT ACT OF 1991.
(a) Amendments Relating to Subtitle A.—
(1) Section 7(eX6) of the International Banking Act of 1978
(as added by section 202(a) of the Federal Deposit Insurance
Corporation Improvement Act of 1991) is amended —
105 Stat. 2253.
105 Stat. 2270.
12 use 248
note.
12 use 1831t
note.
105 Stat. 2282.
12 use 3105.
STAT. 4082
PUBLIC LAW 102-550— OCT. 28, 1992
use 3105.
JSC 1692Z.
(A) in subparagraph (A), by string ‘‘against which
the Board or, in the case of an order issued under section
4(i), the Comptroller of the Currency has issued an order
under paragraph (1) or a refusal by such office or subsidi>
ary** and inserting “against which —
“(i) the Board has issued an order under paragraph
(1); or
“(ii) the Comptroller of the Currency has issued
an order under section 4(i),
or a refusal by such office or subsidiary^; and
(B) in subparagraph (B), by striking “order issued
under paragraph (1)” and inserting “order referred to in
subparagraph (A)”.
(2) Section 7(eX7) of the International Banking Act of 1978
(as added by section 202(a) of the Federal Deposit Insurance
Corporation Improvement Act of 1991) is amended by striking
“pubic” and inserting “public”.
(3) Section l(XbX6XA) of the Federal Deposit Insurance
Act (12 U.S.C. 1820(bX6XA)) (as amended by section 203(cX2)
of the Federal Deposit Insurance Corporation Improvement
Act of 1991) is amended by striking “paragraph (2)” and all
that follows through the semicolon and insertmg “paragraph
(2), (3), (4), or (6);”.
(4) Section 10(b) of the International Banking Act of 1978
(12 U.S.C. 3107(b)) (as amended by section 204 of the Federal
Deposit Insurance (Ilorporation Improvement Act of 1991) is
amended by striking “paragraphs (1), (2), and (3) of section
7(d)” and inserting “section 7(e) .
(5) Section 108(aXlXC) of the Truth in Lending Act (16
U.S.C. 1607(aXlXC)) (as amended by section 212(b) of the Fed¬
eral Deposit Insurance Corporation Improvement Act of 1991)
is amended by striking the period at the end and inserting
a semicolon.
(6) Section 621(bXlXC) of the Fair Credit Reporting Act
(15 U.S.C. 1681s(b)(l)(C)) (as amended by section 212(c) of
the Federal Deposit Insurance Corporation Improvement Act
of 1991) is amended by striking tne period at the end and
inserting a semicolon.
(7) Section 704(aXlXC) of the Equal Credit Opportunity
Act 05 U.S.C. 1691c(bXlXC)) (as amended by section 212(d)
of the Federal Deposit Insurance Corporation Improvement
Act of 1991) is amended by striking the period at the end
and inserting a semicolon.
(8) Section 814(bXlXC) of the Fair Debt Collection Practices
Act 05 U.S.C. 1691c(b)(lXC)) (as amended by section 212(e)
of the Federal Deposit Insurance Corporation Improvement
Act of 1991) is amended by striking the period at the end
and inserting a semicolon.
(9) Section 18(fX2XA) of the Federal Trade Commission
Act (15 U.S.C. 57a(fX2XA)) (as amended by section 212(gX2)
of the Federal Deposit Insurance Corporation Improvement
Act of 1991) is amended by striking “divisions” and inserting
“division”.
(10) Section 6 of the International Banking Act of 1978
(12 U.S.C. 3104), as in effect on the day before the effective
date of the amendment made by section 2i4(aX3) of the Federal
PUBLIC LAW 102-550— OCT. 28, 1992
106 STAT. 4083
Deposit Insurance Coloration Improvement Act of 1991, is
amended by striking subsection (c).
(11) Section 6(c) of the International Banking Act of 1978
(as added by section 214(aX3) of the Federal Deposit Insurance
Corporation Improvement Act of 1991) is amended —
(A) in para^ph (1) —
(i) by inserting **domestic retail” before deposit
accounts , and
(ii) b^ striking ‘*$100,000,” and inserting “$100,000
and requiring deposit insurance protection,”; and
(B) in paragraph (2) —
(i) by striking “Deposit” and inserting “Domestic
retail deposit”; and
(ii) by inserting “that require deposit insurance
protection” after “$100,000”.
(12) Section 214(b) of the Federal Deposit Insurance Cor¬
poration Improvement Act of 1991 is amended by inserting
closing quotation marks and a 2d period at the end.
(13) Section 7(j) of the International Banking Act of 1978
(as added by section 214(b) of the Federal l^posit Insur¬
ance Corporation Improvement Act of 1991) is amended by
striking “Supervisory committee” and inserting “Supervisory
Committee”.
(14) Section 215(aX9) of the Federal Deposit Insurance
Corporation Improvement Act of 1991 is amended by striking
“Umted States Banks” and inserting “banks chartered in the
United States”.
(15) Section 224 of the Federal Deposit Insurance Corpora¬
tion Improvement Act of 1991 is amended by inserting “of
1976” after “Disclosure Act”.
(b) Amendments Relating to Subtitle C.—
(1) Section 232(bXl) of the Federal Deposit Insurance Cor¬
poration Improvement Act of 1991 is amended —
(A) by striking “(9), and (10)” and inserting “and (8)”;
and
(B) by striking “(10), and (11)” and inserting “and
(9)”.
(2) Section 233(a) of the Federal Deposit Insurance Cor¬
poration Improvement Act of 1991 is amended by striking “sec¬
tion 235” where such term appears in paragraphs (3) and
(5) and inserting “section 234”.
(3) Section 7(dX5) of the Federal Deposit Insurance Act
(12 U.S.C. 1817(dX4)) (as added by section 233(cXl) of the
Federcd Deposit Insurance Corporation Improvement Act of
1991) is amended by striking “section 235” and inserting “sec¬
tion 234”.
(c) Amendments Relating to Subtitle D. —
(p Section 241(b) of the Federal Deposit Insurance Cor¬
poration Improvement Act of 1991 is amended by striking “sec¬
tion 42” and inserting “section
(2) Subparagra]^ (B) and (E) of section ll(dX2) of the
Federal Deposit Insurance Act (12 U.S.C. 1821(d)(2)) (as
amended by section 241(cXl) of the Federal Deposit Insurance
Corporation Improvement A^ of 1991) are each amended by
striking “section 42” and inserting “section 40”.
(3) Section 202(hX2) of the Housing Act of 1959 (12 U.S.C.
1701q(hX2)) (as amended by section 241(cX2) of the Federal
12 use 3104.
12 use 3105.
12 use 3105.
12 use 3102
note.
12 use 2808.
12 use 1817,
1834.
12 use 1834a.
12 use 1831q
note.
106 STAT. 4084
PUBLIC LAW 102-550— OCT. 28, 1992
12 use 4305.
12 use 4304.
12 use 4306.
12 use 4308.
12 use 4309.
12 use 4310.
12 use 4311.
12 use 4312.
12 use 4313.
Deposit Insurance Corporation Improvement Act of 1991
amended by striMng ‘‘section 42” and inserting “section
(d) Amendments Relating to Subtitle E.— Section 213(i
of the Federal Credit Union Act (12 U.S.C. 1790b(a)) (as amen
by section 251(b) of the Federal Deposit Insurance Corpora
Improvement Art of 1991) is amended —
(1) in subparagraph (A), by inserting “or^ after “cr
union”; and
(2) in subparagraph (B), by striking “or employee”
aU tl^t follows through the semicolon and inserting “commi
member, or empWee of any credit union;”.
(e) Amendments Relating to Subtitle F.—
(1) Section 266(e) of the Federal Deposit Insurance Corp
tion Improvement Act of 1991 is amended by striking
or with any regularly scheduled mailing posted or deliw
within 180 days after publication” and Inserting “on or i
the first regularly scheduled mailing sent after the en<
the 6-month period beginning on the date of publication”.
(2) Subtitle F of the Federal Deposit Insurance CJorpora
Improvement Art of 1991 is amended by striking “Act”
inserting “subtitle” —
(A) each place such term appears in section 265;
(B) in section 267(a);
(C) the 1st place such term appears in section 26
(D) each place such term appears in section 269(a
(E) each place such term appears in section 269(a
(F) the 1st place such term appears in section 269(a
(G) in section 269(bXl);
(H) each place such term appears in section 269(b
(I) the 1st place such term appears in section 27i
(J) in section 270(bX2);
(K) each place such term appears in section 27
(L) each place such term appears in section 27
(M) in paragraphs (1) and (2) of section 271(c);
(N) in subs^rtions (d), (g), (h) of section 271;
(O) in paragraphs (1) and (2) of section 271(i);
(P) the 1st place such term appears m section 27:
(Q) in section 272(b);
(R) in section 273; and
(S) in the provision of section 274 which precedes p
graph (1) of such section.
(3) Section 27()(bXl) of the Federal Deposit Insurance
poration Improvement Act of 1991 is amended by striking ‘
Act” and insertii^ “this subtitle”.
(4) The heamng of paragraph (1) of section 27()(b) of
Federal Deposit Insurance Corporation Improvement Ac
1991 is amended by striking “act” and inserting “suBm
SEC. ISOS. TECHNICAL CORRECTIONS RELATING TO TITLE m OF
FEDERAL DEPOSIT INSURANCE CORPORATION DfPRi
MENTACTOF1991.
(a) Amendments Relating to Subtitle A.—
(1) Section 29 of the Federal Deposit Insurance Act
U.S.G. 1831!) (as amended by section 301(a) of the Fee
Deposit Insurance Corporation Improvement Act of 199!
amended —
PUBLIC LAW 102-550— OCT. 28, 1992
106 STAT. 4085
(A) in subsection (a), by striking ^'A insured’* and insert¬
ing ^'An insured”; and
(B) in subsection (c), by striking ^'capitalized,” and
inserting "capitalized (but not well c^italized),”.
(2) Section 7(bX2) of the Federal Deposit Insurance Act
(12 U.S.C. 1817(bX2)) (as amended by section 302(a) of the
Federal Deposit Insurance CJorporation Improvement Act of
1991) is amended —
(A) in subj^agraph (D), by striking the comma after
"meml^rs”: and
(B) by adding at the end the following new subpara¬
graph:
"(H) Bank enterprise act requirement.— The (Cor¬
poration shall desim the risk-based assessment system
so that, insofar as me system bases assessments, directly
or indirectlv, on deposits, the portion of the dei^its of
any insured depository institution which are attributable
to lifeline accounts established in accordance with the Bank
Enterprise Act of 1991 shall be subject to assessment at
a rate determined in accordance with such Act.”.
(3) Effective on the effective date of the amendment made
by section 302(a) of the Federal Deposit Insurance Corporation
Improvement Act of 1991, section 232(aXl) of the Federal
Deposit Insurance Corporation Improvement Act of 1991 (12
U.S.C. 1834(aXl)) by striking "7(bX10)” and inserting
“7(bX2XH)”.
(4) The subsection which was added to section 10 of the
Federal Deposit Insurance Act by section 302(d) of the Federal
Deposit Insurance fJoiporation Improvement Act of 1991 and
designated as subsection (0 is hereby redesignated as sub-
Eiection (g).
(5) Section 302(e) of the Federal Deposit Insurance Corpora¬
tion Improvement Act of 1991 is amended —
(A) by redesignating paragraphs (2), (3), and (4) as
paragraphs (3), (4), and (5), respectively; and
OB) by striking paragraph (1) and inserting the follow¬
ing new paragraphs:
"(1) in section 6(dX3XBXi)—
"(A) by striking 'average assessment base* and insert¬
ing 'deposits*; and
"(B) by striking 'shall — and all that follows through
the period and inserting 'shall be treated as deposits which
are insured by the Savings Association Insurance Fund.*;
“(2) in section 6(d)(3XBXii]^
"(A) by striking 'average assessment base* and insert¬
ing 'deposits*; and
"(B) by striking 'shall — and all that follows through
the period and inserting 'shall be treated as deposits which
are insur^ by the Bank Insurance Fund.* ”.
(6) Effective on the effective date of the amendment made
b^ section 302(eX4) of the Federal Deposit Insurance Corpora¬
tion Improvement Act of 1991 (as so redesignated by paragraph
[(5XA) of this subsection), section 7(b) of tiie Federm Deposit
Insurance Act (12 U.S.C. 1817(b)) (as amended by section 302(a)
of the Federid Deposit Insurance Corporation Improvement
Act of 1991) u amended by adding after paragraph (6) (as
12 use 1820.
12 use 1817,
1818.
12 use 1815.
106 STAT. 4086
12 use 1828.
PUBLIC LAW 102-550— OCT. 28, 1992
transferred and so redesignated by section 1603(aX3) of this
title) the following new paragraph:
“(7) CoMiklUNlTY ENTERPRISE CREDITS.— The Corporation
shall allow a credit against any semiannual assessment to
any insured depository institution which satisfies the require¬
ments of the Community Enterprise Assessment Credit Board
under section 233(aXl) of the Bank Enterprise Act of 1991
in the amoimt determined by such Board by regulation.**.
(7) Effective on the effective date of me amendment made
by section 302(eX4) of the Federal Deposit Insurance Corpora¬
tion Improvement Act of 1991 (as so redesignated by paragraph
(5XA) of this subsection), section 233 of the Federal Deposit
Insurance Corporation Improvement Act of 1991 (12 U.S.C.
1834a) is amended —
(A) in subsection (aXlXA), by striking ‘‘7(d)(4)” and
inserting ‘‘7(bX7)”;
(B) in subsection (aX3), by striking ‘‘7(dX4)” and insert¬
ing ‘‘7(bX7)”; and
(C) in subsection (eX2), by striking “made for purposes
of the notification required under section 7(dXl)(B)” and
inserting “of the semiannual assessment to which such
credit is applicable”.
(8) Section 24(eXlXB) of the Federal Deposit Insurance
Act (12 U.S.C. 1831a) (as added by section 303(a) of the Federal
Deposit Insurance (Corporation Improvement Act of 1991) is
amended to read as follows:
“(B) meets applicable consumer disclosure require¬
ments with respect to such insurance.”.
(9) The subsection of section 18 of the Federal Deposit
Insurance Act which was added by section 305(a) of the Federal
Deposit Insurance Corporation Improvement Act of 1991 and
designated as subsection (o) (relating to periodic review of cap¬
ital standards) is hereby redesignated as subsection (p).
(10) Section 22(h)(6XBXi) of the Federal Reserve Act (12
U.S.C. 375b) (as amended by section 306(a) of the Federal
Deposit Insurance Corporation Improvement Act of 1991) is
amended by striking “and” after the semicolon and inserting
“or”.
(11) Section 8(t) of the Federal Deposit Insurance Act (12
U.S.C. 1818(t)) (as added by section 307 of the Federal Deposit
Insurance Corporation Improvement Act of 1991) is amended —
(A) in paragraph (2)(B), by inserting “or institution-
affiliated party” after “institution” each place such term
appears;
(B) in paragraph (2XC), by striking “institution’s” the
1st place such term appears; and
(C) in paragraph (5), by inserting “or institution-affili¬
ated party” after “depository institution”.
(b) Amendments Relating to Subtitle B. —
(1) Section 7(bX6) of the Federal Deposit Insurance Act
(12 U.S.C. 1817(b)(6)) is amended —
(A) by striking subparagraph (D), as added by section
311(aX2XC) of the Federal Deposit Insurance Corporation
Improvement Act of 1991; and
(B) by inserting after subparagraph (C) the following
hew subparagraph:
PUBLIC LAW 102-550— OCT. 28, 1992
106 STAT. 4087
"(D) any liability of the insured depository institution
which is not treated as an insured deposit pvirsuant to
section iKaXS).”.
(2) Effective on the effective date of the amendment made
by section 302(b) of the Federal Deposit Insurance Corporation
Improvement Act of 1991, section 7(c) of the Federal Deposit
Insurance Act (12 U.S.C. i817(c)) (as amended by such section
302(b)) is amended —
(A) by adding at the end, the para^aph added to
such section 7(c) (as in effect on the day before the effective
date of such amendment) b^^ section 313(a) of the Federal
Deposit Insurance Corporation Improvement Act of 1991;
(B) by redesignating such paragraph as paragraph (4);
and
(C) in paragraph (4) (as so redesignated by subpara¬
graph (B) of this paragraph), by striking "paragraph (1)
or (2T each place such term appears and inserting "para¬
graph (1)”.
(3) Sec^on 202(dX2) of the Federal Credit Union Act (12
U.S.C. 1782(dX2)) (as amended by section 313(b) of the Federal
Deposit Insurance Corporation Improvement Act of 1991) is
amended —
(A) in subparagraph (C) —
(i) by striking "insured depository institution*’ and
inserting "insured credit union^;
(ii) by striking "or” after "subsection (bXD”;
(iii) by stnking "Corporation” and inserting
"Board”; and
(iv) striking "assets of the institution” and
inserting *^sets of me credit union”;
(B) in subparagraph (D), by striking "Corporation” and
inserting "Board”; and
(C) m subparagraph (E) —
(i) by striking "insured depository institution” and
inserting "insured credit union^; and
(ii) by striking "if the institution” and inserting
"if the credit union .
(c) Amendment to the Heading op Title III.— The heading
title III of the Federal Deposit Insurance Corporation Improve-
nt Act of 1991 is amended to read as follows:
^TLE ra— FEDERAL DEPOSIT
INSURANCE REFORM”.
D. 1606. TECHNICAL CORIlECnONS RELATING TO TITLE IV OF THE
FEDERAL DEPOSIT INSURANCE CORPORATION IMPROVE-
B1ENTACTOF1091.
(a) Amendment Relating to Subtitle A — Section 402(14XB)
the Federal Deposit Insurance Corporation Improvement Act
1991 is amended by striking "Federal commodities law” and
lerting “Federal law”.
(b) Amendment Relating to Subtitle B. — Section 1112(fX2)
the Right to Financial Privacy Act of 1978 (12 U.S.C!. 3412(fX2))
I amended by section 411(1) of the Federal Deposit Insurance
rporation Improvement Act of 1991) is amended —
105 Stat. 2343.
12 use 4402.
106 STAT. 4088
PUBLIC LAW 102-550— OCT. 28, 1992
12 use 1818
and note.
105 Stat. 2379.
12 use 1467a.
12 use 1467a.
12 use 1467a.
12 use 1821
note.
(1) by inserting a conoma before *Tor civil actions under
section 951”; and
(2) by inserting a comma after ‘United States Code”.
(c) AitoaraMENT Reiating to Subtitle C. — Section ll(dX4XA)
of the Federal Deposit Insurance Act (12 U.S.C. 1821(dX4)(A)) (as
amended by section 416 of the Federal Deposit Insurance Corpora¬
tion Improvement Act of 1991) is amended by striking “determina¬
tions” and inserting “determination”.
(d) Amendment Relating to Subtitle D. — ^The heading for
section 422 of ^e Federal Deposit Insurance Corporation Improve¬
ment Act of 1991 is amended by striking “board” and inserting
“ADVISORY committee”.
(e) Amendment Relating to Subtitle F. — Section 431(aX2)
of the Federal Deposit Insurance Corporation Improvement Act
of 1991 is amended by inserting “(hereafter in this subsection
referred to as the ‘Secretary*)” after “Secretary of the Treasury”.
(f) Amendments Relating to Subtitle G.—
(1) Section 5(cX2XBXiii) of the Home Owners* Loan Act
(12 U.S.C. 1464(cX2)<B)) is amended to read as follows:
“(iii) Monitoring. — ^If the Director permits any
increased authority pursuant to clause (ii), the Director
shall closely monitor the Federal savings association*s
condition and lending activities to ensure that the sav¬
ings association carries out all authority imder this
paragraph in a safe and sound manner and complies
with this subparagraph and all relevant laws and
regulations.”.
(2) Se^on 5(cX2XC) of the Home Owners’ Loan Act (12
U.S.C. 1464(cX2XC)) is amended by striking the comma after
‘including”.
(3) 'Die last sentence of section 5(cX2XD) of the Home
Owners’ Loan Act (12 U.S.C. 1464(cX2XB)) (as amended by
section 441(a) of the Federal Deposit Insurance Corporation
Improvement Act of 1991) is amended by inserting before the
period the following: “, except that amounts in excess of 30
percent of the assets may be invested only in loans which
are made by the association directly to the original obligor
and with respect to which the association does not pay any
finder, referrm, or other fee, directly or indirectly, to any third
party”.
U) Section 437 of the Federal Deposit Insurance Corpora¬
tion Improvement Act of 1991 is amended —
(A) by striking “Section KXmXlXB)” and inserting “(a)
In General. — Section KXmXlXB)”; and
(B) by addii^ at the end the follovring new subsection:
“(b) Technical and (Tonforming Amendments.—
“(1) Section KXmXlXA) of the Home Owners* Loan Act
(12 U.S.C. 1467(mXlXA)) is amended by striking ‘70 percent*
and inserting ‘65 percent*.
“(2) The first sentence of section l(XmX3XD) of the Home
Owners* Loan Act (12 U.S.C. 1467(mX3XD)) is amended by
striking ‘for the preceding 2-year period* and inserting ‘on a
month^ average oasis in 9 out of the preceding 12 months*.”.
(g) Amendments Relating to Subtitle I.—
(1) Section 451(bX3) of the Federal Deposit Insurance Cor¬
poration Improvement Act of 1991 is amended by striking
*ll(i)” and inserting “3(iX2)”.
PUBLIC LAW 102-550— OCT. 28, 1992
106 STAT. 4089
(2) Section 3(iX2) of the Federal Deposit Insurance Act
(12 U.S.C. 1813(iX2)) is amended by striking *^ll(i)’* and insert¬
ing “IKn)”.
(h) Amendments Relating to Subtitle K—
(1) Section 461 of the Federal Deposit Insurance Corpora¬
tion Inmrovement Act of 1991 is amended by inserting **of
1966” aror “Bank Holding Company Act”.
(2) The heading of subtitle K of title IV of the Federal
Deposit Insurance Corporation Improvement Act of 1991 is
amended to read as follows:
^Subtitle K — ^Acquisition of Insolvent
Savings Associations”.
(i) Amendments Relating to Subtitle M.—
(1) Section 7(a) of the Federal Deposit Insurance Act (12
U.S.C. 1817(b)) is amended by redesimating the paragraph
(9) which was added to such section oy section 474 of the
Federal Deposit Insurance Corporation Improvement Act of
1991 as paragraph (10). .
(2) Section 475(c) of the Federal Deposit Insurance Corpora¬
tion Improvement Act of 1991 is amended to read as follows:
“(c) Effective Date. — ^This section shall ^ply after the end
’ the 60-day period beginning on the date of the enactment of
lis Act.”.
(3) Section 477 of the Federal Deposit Insurance Corpora¬
tion Improvement Act of 1991 is amended by striking “Federal
Reserve Board” each place such term appears and inserting
“Board of (]k)vemor8 of the Federal Reserve System”.
BC. 1607. technical CORRECTIONS RELATING TO TITLE V OF THE
FEDERAL DEPOSIT INSURANCE CORPORATION IMPROVE¬
MENT ACT OF 1991.
(a) Amendment Relating to Section 601.— Section 6(dX3)
' the Federal Deposit Insurance Act (12 U.S.C. 1816(dX3)) (as
mended by section 501(a) of the Federal Deposit Insurance Cor-
iration Improvement Act of 1991) is amended by adding at the
id the following new subparagraph:
“(K) Board defined. — ^For purposes of this paragraph,
the term 'Board* (other than when such term appears in
connection with a reference to the Board of Directors)
means the Board of (]k)vemors of the Federal Reserve
System.”.
(b) Amendment Relating to Section 502.— Section 10 of the
erne Owners’ Loan Act (12 U.S.C. 1467a) is amended by
{designating subsection (t) (as added by section 502(a) of the
ederal Deposit Insurance Corporation Improvement Act of 1991)
3 subsection (s).
BC. 1608. FEDERAL HOUSING FINANCE BOARD PRACTICE REQUIRED
* TO CONFORM TO CONGRESSIONAL INTENT AND EXISTING
LAW.
Section 2A(bX2) of the Federal Home Loan Bank Act (12 U.S.C.
l22a(bX2)) is amended by adding at the end the following new
ibparagraph:
“(D) Clarification of status.—
12 use 1843.
105 Stat. 2384.
12 use 1828
note.
12 use 251.
06 STAT. 4090
PUBLIC LAW 102-550— CKT. 28, 1992
.2 use 191
lote.
‘*(1) In general. — ^The directors appointed pursu¬
ant to para^ph (IXB) shall serve on a full-time basis
after D^n^r 31, 1993.
“(ii) Rule op construction.— Clause (i) shall not
be construed as implying that any other position may
be filled or held on a less than full-time basis.”.
SEC. 1609. EFFECTIVE DATE.
(a) In .General. — ^Except as provided in subsection (b) or any
other provision of this subtitle, the amendments made by this
subtitle to the Federal Deposit Insurance Corporation Improvement
Act of 1991, the Federal Deposit Insurance Act, and any other
law shall tsdee effect as if such amendments had been included
in the Federal Deposit Insurance Coloration Improvement Act
of 1991 as of the date of the enactment of such Act.
(b) Effective Date of Certain Amendments.— In the case
of anv amendment made by this subtitle to any provision of law
added or amended by the Federal Dmxisit Insurance Corporation
Improvement Act of 1991 effective after December 19, 1992, the
amendment made by this subtitle shall take effect on the effective
date of the amendment made by the Federal Deposit Insurance
Corporation Improvement Act of 1991.
Subtitle B — ^Resolution Trust Corporation
sec. 1611. technical corrections relating to title I OF THE
RESOLUTION TRUST CORPORATION REFINANCING.
RESTRUCTURING, AND IMPROVEMENT ACT OF 1991.
(a) Amendment Relating to Section 101.— Section 21A(iX3)
of the Federal Home Loan Bank Act (12 U.S.C. 1441a(iX3)) is
amended by inserting a comma after ‘‘necessary” and after ‘^filion”.
(b) Amendbiients Relating to Section 102.—
(1) Section ll(cX6XB) of the Federfld Deposit Insurance
Act (12 U.S.C. 1821(cX6XB)) (as amended by section 102 of
the Resolution Trust Corporation Refinancing, Restructuring,
and Improvement Act of 1991) is amended by striking “section
6(dX2XC)” and inserting “subparagraph (C) or (F) of section
5(dX2)”.
(2) Effective 1 year after the date of the enactment of
the Federal Deposit Insurance Corporation Improvement Act
of 1991, section ll(cX6)(B) of the Federal Deposit Insurance
Act (as amended by paragraph (1) of this subsection) is amended
by striking “subparagraph (C) or (F) of section 5(dX2)” and
inserting “subparagraph (A) or (C) of section 5(dX2)”.
(c) Amendment Relating to Section 104.— Section 21(eX2)
of the Federal Home Loan Bai^ Act (12 U.S.C. 1441(eX2)) is
pended by striking “Thrift Depositor FSx)tection Refinance” and
inserting “Refinancing Restructuring, and Improvement”.
(d) Amendments^lating to Section 106.—
(1) Section 21A(kX7) of the Federal Home Loan Bank Act
(12 U.S.C. 1441a(k)(7)) (as amended b^ section 106(a) of Hie
Resolution Trust Corporation Refinancmg, Restructuring, and
Improvement Act of 1991) is amended by striking “quarter
ending on the last day of the month ending before the month
in which such report is required to be submitted” and inserting
“preceding calenoar quartei^.
PUBLIC LAW 102-550— OCT. 28, 1992
106 STAT. 4091
(2) Section 21A(kX10) of the Federal Home Loan Bank
Board (12 U.S.C. 144ia(kX10)) (as added by section 106(c)
of the Resolution Trust Corporation Refinancing, Restructuring,
and Improvement Act of 1991) is amended by mserting “^rift
Depositor Protection” before “Oversight Board” each place such
term appears.
(3) Section 21A(kXll) of the Federal Home Loan Bank
Act (12 U.S.C. 1441a(kXil)) (as amended by section 106(d)
of the Resolution Trust Corporation Refinancing, Restructuring,
and Improvement Act of 1991) is amended —
(A) in subparagraph (A), by inserting “Thrift Depositor
Protection” before “Oversight Board”; and
(B) in subparagraph (B) —
(i) by striking “an employee” and inserting
“employees”; and
(ii) by striking “Government” and inserting
“General”.
(4) Section 106(eX2) of the Resolution Trust Corporation
Refinancing, Restructuring, and Improvement Act of 1991 is
amended by striking “annual reports” and inserting “supple¬
mental unaudited financial statements”.
C. 1612. TECHNICAL CORRECTIONS RELATING TO TITLE H OF THE
RESOLUTION TRUST CORPORATION REFINANCING,
RESTRUCTURING, AND IMPROVEMENT ACT OF 1991.
Section 21A(bX8)(BXi) of the Federal Home Loan Bank Act
I U.S.C. 1441a(b)(8)(B)(i)) is amended by striking “Thrift Deposi-
‘ Protection Refinance” each place such term appears and insert-
I “Refinancing, Restructuring, and Improvement .
C. 1613. TECHNICAL CORRECTIONS RELATING TO TITLE IH OF THE
RESOLUTION TRUST CORPORATION REFINANCING,
RESTRUCTURING. AND IMPROVEMENT ACT OF 1991.
(a) Amendment Relating to Section 302.—
(1) Section 302 of the Resolution Trust Corporation
Refinancing, Restructuring, and Improvement Act of 1991 is
amended by striking subsection (c).
(2) Section 21A(k)(6)(AXvii) of the Federal Home Loan Bank
Act (12 U.S.C. 1441a(k)(6XAXvii)) is amended by inserting
‘Thrift Depositor Protection” before “Oversight Board’s”.
(3) Section 21A(q) of the Federal Home Loan Bank Act
(12 U.S.C. 1441a(q)) (as added by section 251(c) of the Federal
Deposit Insurance Corporation Improvement Act of 1991 and
transferred by section 1614(aX5XE) of this subtitle) is amended
by inserting “Thrift Depositor Protection” before “Oversight
Board” each place such term appears.
(4) The heading for section 21A(a)(6) of the Federal Home
Loan Bank Act (12 U.S.C. 1441a(a)(6)) is amended by striking
“Oversight” and inserting “Thrift depositor protection
oversight”.
(5) The heading for paragraph (8) of subsection (n) of sec¬
tion 21A of the Federal Home Loan Bank Act (12 U.S.C. 1441a)
(as such subsection has been redesignated by section 314(3)
of the Resolution Trust Corporation Refinancing, Restructuring,
and Improvement Act of 1991) is amended by inserting “THRIFT
DEPOSITOR protection” before “oversight”.
12 use 1441a
note.
12 use 1441a.
106 STAT. 4092
PUBLIC LAW 102-550— OCT. 28, 1992
12 use 1441a.
(6) The heading for section 2 LA of the Federal Home Loan
Bank Act (12 U.S.C. 1441a) is amended by inserting “TmuFT
DEPOSITOR PROTECnOIir before “OVERSIGHT BOARD”.
(7) The headings for sections 21B(cX8) and 21B(jX2) of
the Federal Home Loan Act (12 U.S.C. 1441b(cX8) and
i441B(jX2)) are each amended by inserting “THRIFT DEPOSITOR
PROTEcnoi^ before “oversight”.
(8) TLie heading for section 21A(q) of the Federal Home
Loan Bank Act (12 U.S.C. 1441a(q)) (as added by section 251(c)
of the Federal Deposit Insurance Corporation Improvement
Act of 1991 and transferred by section 1614(aX5)(E) of this
subtitle) is amended by inserting “THRIFT DEPOSITOR PROTEC¬
TION” before “oversight”.
(9) The heading for section 21B(kX7) of the Federal Home
Loan Bank Act (12 U.S.C. 1441b(kX7)) is amended by striking
“Oversight” and inserting “Thrift depositor protection
oversight”.
(b) Amendments Relating to Section 303.—
(1) Section 303(2) of the Resolution Trust Corporation
Refinancing, Restructuring and Improvement Act of 1991 is
amended by striking the comma after “Corporation’)”.
(2) Section 21A(aX2) of the Federal Home Loan Bank Act
(12 U.S.C. 1441a(a)(2)) (as amended by section 303(2) of the
Resolution Trust Corporation Refinancing, Restructuring and
Improvement Act of 1991 and the amenmnent made by para¬
graph (1) of this subsection) is amended by striking the 2d
period after “Act”.
(c) Amendments Relating to Section 305.—
(1) Section 21A(aX6XC) of the Federal Home Loan Bank
Act (12 U.S.C. 1441a(a)(6XC)) is amended by striking “para¬
graph (8) of this subsection” and all that follows through the
period at the end and inserting “paragraph (8)”.
(2) Section 21A(a) of the Federal Home Loan Bank Act
(12 U.S.C. 1441a(a)) is amended by redesignating paragraph
(15) as paragraph (16) and inserting after paragraph (14) the
following new paragraph:
“(15) Reports on any modification to any strategy,
POLICY, OR GOAL. — ^If, pursuant to paragraph (6XA), the Thrift
Depositor Protection Oversight Board reqmres the Corporation
to modi^ any overall strate^, policy, or ^oal, such board shall
submit, before the end of the 30-day period beginning on the
date on which the board first notifies the Corporation of such
reouirement, to the Committee on Banking, Housing, and
Urban Affairs of the Senate and the Committee on Banking,
Finance and Urban Affairs of the House of Representatives
an explanation of the rounds which the board determined
justified the review and tlie reasons why the modification is
necessary to satisfy any such ground.”.
(d) Amendments Relating to Section 307.—
(1) Section 21A(aX10) of the Federal Home Loan Bank
Act (12 U.S.C. 1441a(a)(10)) is amended —
(A) by striking “4” and inserting “6”;
(B) by adding at the end the following new sentence:
“The Thrift Depositor Protection Oversi^t Board shall
maintain a transcript of the board’s open meetings.”; and
(C) in the heading, by striking “QUARTERLY” and insert¬
ing “Open”.
PUBLIC LAW 102-550— OCT. 28, 1992
106 STAT. 4093
(2) Section 21A(cX10) of the Federal Home Loan Bank
Act (12 U.S.C. 1441a(cX10)) is amended by striking the last
sentence (as added by section 307(2) of the Resolution Trust
Corporation Refinancing, Restructuring, and Improvement Act
of 1991).
(e) Amendment Relating to Section 311.— Section
A(bX8)(A) of the Federal Home Loan Bank Aict (12 U.S.C.
l41a(b)(8XA)) (as amended by section 311 of the Resolution Trust
>rporation Refinancing, Restructuring, and Improvement Act of
191) is amended by striking “In general. — ” and all that follows
rough the 1st comma and inserting “IN GENERAL. — ^Except for
e cmef executive officer of the Corooration,”.
(0 Amendments Relating to Section 314.—
(1) Section 21A(aX8) of the Federal Home Loan Bank Act
(12 U.S.C. 1441a(aX8)) (as amended by section 314(1XB) of
the Resolution Trust Corporation Refinancing, Restructuring,
and Improvement Act of 1991) is amended by striking “author¬
ity. — In general. — The Corporation”, and inserting “author¬
ity. — ^The Corporation”.
(2) Section 21A(oX2) of the Federal Home Loan Bank Act
(12 U.S.C. 1441a(o)(2)) (as amended by section 314(5) of the
Resolution Trust Corporation Refinancmg, Restructuring, and
Improvement Act of 1991) is amended by striking “includes”
and all that follows through “any officer or employee of the
Federal Deposit” and inserting “includes any officer or employee
of the Federal Deposit”.
(g) Amendment Relating to Section 316.— Section
A(1X3XB) of the Federal Home Loan Bank Act (12 U.S.C.
41a(l)(3)(B)) (as amended by section 316 of the Resolution Trust
)rporation ^financing. Restructuring, and Improvement Act of
>91) is amended by striking “for that party of the filing” and
erting “for that party or the filing”.
(h) Additional Technical Corrections.—
(1) Paragraph (9) of section 21A(b) of the Federal Home
Loan Bank Act (12 U.S.C. 1441a(b)(9)) (as so redesignated
by section 310 of the Resolution Trust Corporation Refinancing,
Restructuring, and Improvement Act of 1991) is amended —
(A) in subpara^aph (G) (as so redesignated 1^ section
314(2XBXi) of the Resolution Trust Corporation Refinanc¬
ing, Restructuring, and Improvement Act of 1991), by strik¬
ing “(llXA)(iv)” and inserting “(lOXAXiv)”; and
(B) in subparagraph (I) (as so redesignated Iw section
314(2XBXi) of the Resolution Trust Corporation ^financ¬
ing, Restructuring, and Improvement Act of 1991), by strik¬
ing “through its Board of Directors”.
(2) Paragraph (10) of section 21A(b) of the Federal Home
Loan Bank Act (12 U.S.C. 1441a(bX10)) (as so redesignated
by section 310 of the Resolution Trust Corporation Refinancing,
Restructuring, and Improvement Act of 1991) is amended —
(A) in subparagraph (A), by striking “(10)” and insert¬
ing “(9)”; and
(B) in subparagraph (A)(i), by striking “(12)” and insert¬
ing “(11)”.
(3) Paragraph (llXEXi) of section 21A(b) of the Federal
Home Loan Bank Act (12 U.S.C. 1441a(bXllXEXi)) (as so
redesignated by section 310 of the Resolution Trust Corporation
Refinancing, Restructuring, and Improvement Act of 1991) is
106 STAT. 4094
PUBLIC LAW 102-550— OCT. 28, 1992
12 use 1441a.
12 use 1441a.
12 use 1441a.
12 use 1441a.
12 use 1441a
note.
amended by striking “its” and inserting “the chief executive
(4) Section 21A(cX7) of the Federal Home Loan Bank Act
(12 U.S.C. 1441a(cX7)) is amended by striking “(bXUXA)” and
inserting “(bXlOXA)”.
(5) Section 21A(dXlXBXii) of the Federal Home Loan Bank
Act (12 U.S.C. 1441a(dXlXBXii)) is amended by striking “para¬
graph (2)” and inserting “paragraph (3)”.
(6) Section 21A(kX3XB) of me Federal Home Loan Bank
Act (12 U.S.C. 1441a(kX3XB)) is amended by striking “sub¬
section (bXllXB)” and inserting “subsection (bXlOXB)”.
SEC. 1614. TECHNICAL CORRECTIONS RELATING TO TITLE IV OF THE
RESOLUTION TRUST CORPORATION REFINANCING,
RESTRUCTURING, AND IMPROVEMENT ACT OF 1991.
(a) Amendments Relating to Incorrect Designations of
New Subsections and Paragraphs.—
(1) Section 401 of the Resolution Trust Corporation
Refinancing, Restructuring, and Improvement Act of 1991 is
amended by striking “after subsection (s) (as added by section
227 of this Act)” and inserting “after subsection (p) (as so
redesignated by section 314(3) of this Act)”.
(2) Section 402(a) of the Resolution Trust Corporation
Refinancing, Restructuring, and Improvement Act of 1991 is
amended by striking “301” and inserting “401”.
(3) Section 403 of the Resolution Trust Corporation
Refinancing, Restructuring, and Improvement Act of 1991 is
amended by striking “section 302” and inserting “section 402”.
(4) Section 404 of the Resolution Trust Corporation
Refinancing, Restructuring, and Improvement Act of 1991 is
amended by striking “section 303” and inserting “section 403”.
(5) Section 21A of the Federal Home Loan Bank Act (12
U.S.C. 1441a) is amended —
(A) by redesignating subsection (t) (as added by sec¬
tion 401 of the Resolution Trust Corporation Refinancing,
Restructuring, and Improvement Act of 1991) as sub¬
section (r);
(B) bv redesignating subsection (u) (as added by section
402(a) of the Resolution Trust Corporation Refinancing,
Restructuring, and Improvement Act of 1991) as sub¬
section (s);
(C) by redesignating subsection (v) (as added by section
403 of the Resolution Trust Corporation Refinancing,
Restructuring, and Improvement Act of 1991) as subsection
(t);
(D) by redesignating subsection (w) (as added by sec¬
tion 404 of the Resolution Trust Corporation Refinancing,
Restructuring, and Improvement Act of 1991) as subsection
(u); and
(E) effective as of the date of the enactment of the
Federal Deposit Insurance Coloration Improvement Act
of 1991, by transferring and inserting subsection (q) (as
added by section 251(c) of the Federal Deposit Insurance
Corporation Improvement Act of 1991) after subsection (p).
(6) For purposes of applying paragraph (13) of section
21A(b) of the Federal Home I^an Bank Act, the amendment
made by section 405 of the Resolution iWst Corporation
PUBLIC LAW 102-550— CXrr. 28, 1992
106 STAT. 4095
Refinancing, Restructuring, and Improvement Act of 1991, shall
be consider^ to have been executed before the redesignation
of such pcuragraph by section 310 of such Act.
(7) Effe^ve as of the date of the enactment of the Federal
Deposit Insurance Corporation Improvement Act of 1991 —
(A) section 471 of such Act is amended by striking
Home Owners’ Loan Act” and inserting "Federal Home
Loan Bank Acr; and
(B) subsection (q) of section 21A of the Federal Home
Loan Bank Act (as added by section 471 of the Federal
Deposit Insurance Corporation Improvement Act of 1991,
as amended by subparamph (A) of this paragraph) is
hereby redesignated as subse^on (v).
(b) Other Technical Corrections Relating to Amendments
ADE BY Title IV.—
(1) Subsection (tXD of the Federal Home Loan Bank Act
(12 U.S.C. 1441a) (as added by section 403 of the Resolution
Trust Corporation Refinancing, Restructuring, and Improve¬
ment Act of 1991 and redesi^ated by^ subsection (aXS) of
this section) is amended by striking “mmority interim capital
assistance program established by the Oversight Board by ref¬
lation pursuant to the strategic plan under subsection (a)”
and inserting "the minority capital assistance program estab¬
lished under subsection (uXl)”*
(2) Subsection (uXl) of the Federal Home Loan Bank Act
(12 U.S.C. 1441a) (as added by section 404 of the Resolution
Trust Corporation Refinancing, Restructuring, and Improve¬
ment Act of 1991 and redesi^ptmted by subsection (aX6) of
this section) is amended by striking "established by the Over¬
sight Board by regulation pursuant to the strategic plan under
simsection (a)^ and inserti^ "administered by the Corporation
pursuant to the policy statement entitled the ’Interim State¬
ment of Policy Regarding Resolutions of Minority-Owned
Depositoly Institutions* adopted by the Corporation on January
30 1990”
(3) Subsections (tX3XB) and (uXSXB) of section 21A of
the Federal Home Loan Bank Act (12 U.S.C. 1441a) (as added
sections 403 and 404, respective^, of the Resolution Trust
CTorporation Refinancing, Restructuni^, and Improvement Act
of 1991 and redesimated by subsection (aX5) of this section)
are each amended by striking "section l^cX8)” and inserting
“section 13(fX8XB)”.
(4) Subsection (q) of section 21A of the Federal Home
Loan Bank Act (12 U.S.C. 1441a) (as added by section 261(c)
of the Federal Deposit Insurance Corporation Improvement
Act of 1991 and transferred by subsection (aX6) of this section)
is amended by inserting "Tluift Depositor Protection” before
“Oversight Board” each j^ace such term appears.
iC. 1618. TECHNICAL CORRECTIONS RELATING TO TITLE V OF THE
RESOLUTION TRUST CORPORATION REFINANCING,
RESTRUCTURING, AND IMPROVEMENT ACT OF 1991.
(a) Amendments Relating to Section 501.—
(1) For purposes of applying paragraph (9) of section 21A(b)
of the Federal Home Low Bank Airi, the amendment made
by section 501(aXl) of the Resolution Trust Corporation
Refinancing, Restnicturing, and Improvement Act of 1991 shall
12 use 1441a.
12 use 1441a.
12 use 1441a
note.
106 STAT. 4096
PUBLIC LAW 102-550— OCT. 28, 1992
105 Stat. 1777.
12 use 1441a.
12 use 3345,
3348.
12 use 3345
note.
be considered to have been executed before the redesignation
of subparagraph (K) of such paragraph by section 314(2XB)
of such Act and the redesignation of such paragraph by section
310 of such Act.
(2) Section 21A(cX8XBXii) of the Federal Home Loan Bank
Act (12 U.S.C. 1441a(cX8XBXii)) (as added by section
501(aX2XB) of the Resolution Trust Corporation Refinancing,
Restructuring, and In^rovement Act of 1991) is amended by
striking “sub^apter A’^and inserting “subchapter B”.
(b) Amendment to Section Heading. — ^The heading for section
501 of the Resolution Trust Corporation Refinancing, Restructuring,
and Improvement Act of 1991 is amended to read as follows:
*«EC. 601. credit ENHANCEMENT.".
SEC. 1616. TECHNICAL CORRECTIONS RELATING TO TITLE VI OF THE
RESOLUTION TRUST CORPORATION REFINANCING,
restructuring, and IMPROVEMENT ACT OF 1991.
(a) Amendments Relating to Section 607.— Section
21A(c)(3XE) of the Federal Home Loan Bank Act (12 U.S.C.
1441a(c)(3XE)) (as amended by section 607 of the Resolution Trust
Corporation Refinancing, Restructuring, and Improvement Act of
1991) is amended —
(1) in clause (iXD, bv striking “building^property structure
in which the units are located: Provided, ^at** and inserting
“property in which the units are located; and”;
(2) in clause (iXH) —
(A) by striking “shall be made available for occupant^
the 1st time such term appears;
(B) by inserting “(including very low-income families
taken into account for purposes or subclause (I))” after
“veiy low-income families”; and
(C) by striking “building or structure” and inserting
“property”; and
(3) in clause (iiXII) —
(A) by striking “building property structure” each place
such term appears and inserting “property”; and
(B) by inserting “(including very low-income families
taken into account for purposes of subdivision (a) of this
subclause)” after “very low-income families” where such
term appears in subdivision (b) of such clause.
(b) Repeal of Duplicate Provision.— Title VI of the Resolu¬
tion iSmst Corporation Refinancing, Restructuring, and Improve¬
ment Act of 1991 is amended by striking section 611.
SEC. 1617. REPEAL OF TITLE CONSISTING OF AMENDMENTS DUPLI¬
CATED IN THE FEDERAL DEPOSIT INSURANCE CORPORA¬
TION IMPROVEMENT ACT OF 1991.
(a) In General. — ^Title VII of the Resolution Trust Corporation
Refinancing, Restructuring, and Improvement Act of 1991 is hereby
repealed.
(b) Effect of Repeal. — ^No amendments made by title VII
of the Resolution Trust Corporation Refinancing, Restructuring,
and Improvement Act of 1991 shall be deemed to have taken effect
before the date of the enactment of this Act and the provisions
of law amended by title VII shall continue in effect as if no such
PUBLIC LAW 102-550— OCT. 28, 1992
106 STAT. 4097
3C. 1618. EFFECTIVE DATE.
Except as otherwise provided by a specific provision of this
ibtitle, the amendments made W this subtitle to the Resolution
rust Corporation Refinancing, KestructuriM, and Improvement
ct of 1991 and the Federal Home Loan Bank Act shall t^e
feet as if such amendments had been included in the Resolution
rust Corporation ^financing, Restructuring, and Improvement
ct of 1991 as of the date of the enactment of su^ Act.
Approved October 28, 1992.
EGISLATIVE fflSTORY— H.R. 5334 (S. 3031):
OUSE REPORTS; Nos. 102-760 (Comm, on Banking, Finance and Urban Affairs)
and 102-1017 (Comm, of Conference).
ENATE REPORTS: No. 102-332 accompanying S. 3031 (Comm, on Banking, Housing,
and Urban Affairs).
ONGRESSIONAL RECORD, Vol. 138 (1992):
Aug. 5, considered and passed House.
Sept. 10, S. 3031 considered and passed Senate; H.R. 5334, amended, passed
in lieu.
Oct. 5, House agreed to conference report.
Oct. 8, Senate agreed to conference report.
(EEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 28 (1992):
Oct. 28, Presidential statement.
12 use 1441
note.
106 STAT. 4098
PUBLIC LAW 102-551— CXTT. 28, 1992
Oct. 28, 1992
[H.R. 5954]
Urban and rural
areas.
7 use 960aaa-5.
Public Law 102-551
102d Congress
An Act
An Act to amend the Food, Agriculture, Conservation, and Trade Act of 1990
to improve health care services and educational services through telecommuni*
cations, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. IMPROVEMENT OF HEALTH CARE SERVICES AND EDU¬
CATIONAL SERVICES THROUGH TELECOMMUNICATIONS.
(a) Programs for Consortia in Qualified Local Exchange
Service Areas.— Chapter 1 of subtitle D of title XXIII of the
Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C.
950aaa et seq.) is amended by adding at the end the following
new section:
‘<SEC. 2335A. SPECIAL HEALTH CAKE AND DISTANCE LEARNING PRO¬
GRAM FOR QUAUFIED SERVICE AREAS.
“(a) Development' of Consortia.— The Administrator shall
encourage the development of consortia to provide health care serv¬
ices or educational services through telecommunications in rural
areas of a qualified local exchange carrier service area. Each consor¬
tium shall be composed of—
“(1) a tertiary care facility, rural referral center, medical
teaching institution, or educational institution accredited by
the State;
**(2) any number of institutions that provide health care
services or educational services; and
“(3) not less that three rural hospitals, clinics, community
health centers, migrant health centers, local health depart¬
ments, or similar facilities, or not less than three educational
institutions accredited by the State.
“(b) Special Program for Qualified Local Exchange Car¬
rier Service Areas.—
“(1) Regulations and special program.— Through regula¬
tions issued not later than 190 days after the date of enactment
of this section, the Administrator shall establish a program
under which qualified consortia described in subsection (a)
located within qualified local exchange carrier service areas
may apply to the Administrator for grants to support the costs
of activities involved in the sending and receiving of information
that will improve the delivery of health care services or edu¬
cational services through telecommunications in rural areas.
“(2) Selection of grantees.— The Administrator shall—
"(A) establish application procedures;
"(B) review the applications submitted under this sub¬
section in a timely manner; and
"(C) make g^rants in accordance with this subsection
and with regulations issued by the Administrator.
“(3) Priorities.—
PUBLIC LAW 102-551— OCT. 28, 1992
106 STAT. 4099
“(A) In general. — Priority for grants under this sub¬
section shall be accorded applicants whose applications and
plans demonstrate —
“(i) the greatest likelihood of successfully and effi¬
ciently canying out the activities described in the
application and the plan of the applicant;
“(ii) the greatest likelihood of improving health
care services or educational services in the rural areas;
“(iii) coordination between locad exchange carriers
to carry out activities as described in the application;
and
“(iv) unconditional financial support from each
affected local commiinity.
“(B) Geographic diversity. — ^In awarding grants, the
Administrator shall seek to achieve geographic diversity
among the grantees.
“(4) Maximum amount of grant.— The amount of each
frant awarded under this subsection shall not exceed
1,500,000.
“(5) Distribution of grants. — Grants to a qualified
consortium under this subsection shall be disbursed over a
period of not more than 3 years.
“(6) Use of funds.—
“(A) In general. — Grants under this subsection may
be used to support the costs of activities involving the
sending and receiving of information to improve health
care services or educational services in rural areas,
including —
“(i) in the case of grants to improve health care
services —
“(I) consultations between health care pro¬
viders;
“(II) transmitting and analyzing x rays, lab
slides, and other images;
“(III) developing and evaluating automated
claims processing, and transmitting automated
patient records; and
“(IV) developing innovative health professions
education programs;
“(ii) in the case of grants to improve educational
services —
“(I) developing innovative education programs
and expanding curriculum offerings;
“(II) providing continuing education to all
members of the community;
“(III) providing means for libraries of edu¬
cational institutions or public libraries to share
resources;
“(IV) providing the public with access to State
and national data bases;
“(V) conducting town meetings; and
“(VI) covering meetings of agencies of State
government; and
“(iii) in all cases —
“(I) transmitting financial information: and
106 STAT. 4100
PUBLIC LAW 102-551— OCT. 28, 1992
Termination
date.
7 use 950aaa
note.
“(ID such other related activities as the
Administrator considers to be consistent with the
purposes of this section.
“(7) Limitation on acquisition of interactive tele¬
communications EQUIPMENT. — ^Not more than 40 percent of
the amount of any grant made under this subsection may
be used to acquire interactive telecommunications end user
equipment.
“(8) Limitation on use of consultants.— Not more than
5 percent of the amount of any grant made imder this sub¬
section may be used to employ or contract with any consultant
or similar person.
“(9) I^OHIBITIONS. — Grants made under this subsection
may not be used, in whole or in part, to establish or operate
a telecommunications network or to provide any telecommuni¬
cations services for hire.
“(c) Expedited Telephone Loans.— Local exchange carriers
located in a qualified local exchange carrier service area shall
be eligible to apply for expedited loans under the Rural Electrifica¬
tion Act of 1936 (7 U.S.C. 901 et seq.). The Administrator shall
respond to a completed application for such a loan no later than
45 days after receipt. The Administrator shall notify the applicant
in writing of its decision regarding each such application.
“(d) Definition. — ^As used in this section, the term ‘qualified
local exchange carrier service area* means the service area of a
local telephone exchange carrier in which the local exchange carrier
has a plan approved by the Administrator for upgrading and mod¬
ernizing the rural telecommunications infrastructure of the service
area. The plan shall —
“(1) provide for eliminating party line service within the
local exchange carrier service area and for other improvements
and modernization in rural telephone service;
“(2) provide for the enhancement of the availability of edu¬
cational opportunities or the availability of improved medical
care througn telecommunications;
“(3) encourage and improve the use of telecommunications,
computer networks, and related advanced technologies to pro¬
vide educational and medical benefits to people in rural areas;
and
“(4) provide for the achievement of the goals described
in subparagraphs (A) through (C) not later than 10 years after
the approval of the plan.”.
(b) Extension of Chapter 1.— Notwithstanding any other
provision of law, chapter 1 of subtitle D of title XXIII of the
Food, Agriculture, Conservation and Trade Act of 1990 (7 U.S.C.
950aaa et seq.), including the amendments made by this section,
shall be effective until S^tember 30, 1997.
(c) Allocation of Jwds.— Section 2335(b) of the Food, Agri¬
culture, Conservation, and Trade Act of 1990 (7 U.S.C. 950aaa-
4) is amended by adding at the end the following new paragraph:
“(8) Use of appropriated funds.—
“(A) IN general. — Subject to subparagraph (B), the
Administrator shall make available —
“(i) 50 percent of the funds made available pursu¬
ant to paragraph (3) for grants for end users that
are consortia participating in the special program
established under section 2335.A; and
PUBLIC LAW 102-551— OCT. 28, 1992
106 STAT. 4101
“(ii) 50 percent of the funds made available pursu¬
ant to paragraph (3) to provide funds for the programs,
and end users participating in the programs, author¬
ized by sections 2331 through 2335,
“(B) Release of funds. — Not earlier than April 1 and
not later than May 1 of each year, the Administrator shall
make such funds described in subparagraph (A) as remain
unobligated, available for any purpose described in
subparagraph (A).”.
(d) Effect of Amendments. — ^The amendments made by this
ction shall not apply to funds appropriated for fiscal year 1993
carry out subtitle D of title XJQII of the Food, Agriculture,
mservation, and Trade Act of 1990 (7 U.S.C. 950aaa et seq.)
require the revision of any regulation proposed to carry out
Lch subtitle during fiscal year 1993.
Approved October 28, 1992.
EGISLATIVE HISTORY-H.R. 5954:
OUSE REPORTS: No. 102-943 (Comm, on Agriculture).
3NGRESSIONAL RECORD, Vol. 138 (1992):
Sept. 29, considered £ind passed House.
Oct. 5, considered and passed Senate, amended. House concurred in Senate
amendment.
7 use 950a£ia-4
note.
106 STAT. 4102
PUBLIC LAW 102-552— OCT. 28, 1992
Public Law 102-552
102d Congress
An Act
Oct. 28, 1992
[H.R. 6125]
Farm Credit
Banks and
Associations
Safety and
Soundness Act
of 1992.
12 use 2001
■A note.
To AnVinnee the financial safety and soundness of the banks and associations of
the Farm Cre^t System, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title. — ^This Act may be cited as the “Farm Credit
Ban]^ and Associations Safety and Soundness Act of 1992”.
(b) Table of Contents. — ^The table of contents of this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. References to the Farm Credit Act of 1971.
TITLE I— IMPROVEMENTS TO FARM CREDIT SYSTEM SAFETY AND
SOUNDNESS
Sec. 101, Definition of permanent capital.
Sec. 102. Qualifications of Farm Credit Administration Board members.
TITLE II— FARM CREDIT SYSTEM INSURANCE CORPORATION
Sec. 201. Farm Credit System Insurance Corporation.
Sec. 202. Statutory successor to Assistance Board agreements.
Sec. 203. Use of Farm Credit Administration personnel.
Sec. 204. OAO reports on risk-based insurance premiums, access to association cap¬
ital, supplemental premiums, and consolidation.
TITLE III— REPAYMENT OF FARM CREDIT SYSTEM DEBT OBLIGATIONS
Sec. 301. Capital preservation.
Sec. 302. Preferred stock.
Sec. 303. Systemwide repa}rment obligation.
Sec. 304. Repayment of 'IVeasury-paia interest.
Sec. 305. Transfer of obligations from associations to banks; other matters.
Sec. 306. Defaults.
Sec. 307. Authority of Financial Assistance Corporation.
Sec. 308. Technical amendments.
TITLE IV— CLARIFICATION OF CERTAIN AUTHORITIES
Sec. 401. Clarification of the status and powers of certain institutions of the Farm
Credit System.
TITLE V— MISCELLANEOUS
Sec. 501. Valuation reserves of production credit associations.
Sec. 502. Risk management pamcipation authority.
Sec. 503. Equity voting for one director of each bank for cooperatives.
Sec. 504. Technical amendment.
Sec. 505. Expansion of water and sewer lending authority of banks for cooperatives.
Sec. 506. Eligibility to borrow from a bank for cooperatives.
Sec. 507. Non-voting representative on board of Funding Coloration.
Sec. 508. Reoed of prohibition against guarantee of certain instruments of indebt-
ewess.
Sec. 509. Compensation of bank directors.
Sec. 510. Clarification of treatment of Farm Credit Administration operating ex¬
penses.
Sec. 511. Approval of competitive charters.
Sec. 512. Examinations.
Sec. 513. Authority to examine System institutions.
PUBLIC LAW 102-552— OCT. 28, 1992
106 STAT. 4103
c. 514. Financial disclosure and conflict of interest reporting by directors, offi¬
cers, and employees of Farm Credit System institutions.
c. 515. One-time EFAP assistance,
c. 516. Technical corrections.
;C. 2. REFERENCES TO THE FARM CREDIT ACT OF 1971.
Whenever in this Act an amendment or repeal is expressed
terms of an amendment to, or repeal of, a section or other
ovision, the reference shall be considered to be made to a section
other provision of the Farm Credit Act of 1971 (12 U.S.C. 2001
seq.), except to the extent otherwise provided.
ITLE I— IMPROVEMENTS TO FARM
CREDIT SYSTEM SAFETY AND SOUND-
NESS
IC. 101. DEFINITION OF PERMANENT CAPITAL.
Paragraph (1) of section 4.3A(a) (12 U.S.C. 2164a(aXl)) is
lended to read as follows:
“(1) Permanent capital. — ^The term ‘permanent capital’
means —
“(A) current year retained earnings;
“(B) allocated and unallocated earnings (which, in the
case of earnings allocated in any form by a System bank
to any association or other recipient and retained by the
bank, shall be considered, in whole or in part, permanent
capital of the bank or of any such association or other
recipient as provided imder an agreement between the
bank and each such association or other recipient);
“(C) all surplus (less allowances for losses);
“(D) stock issued by a System institution, except —
“(i) stock that may be retired by the holder of
the stock on repayment of the holder’s loan, or other¬
wise at the option or request of the holder; or
"(ii) stock that is protected under section 4.9A
or is otherwise not at risk; and
“(E) any other debt or equity instruments or other
accounts that the Farm Credit Administration determines
appropriate to be considered permanent capital.”.
IC. 102. QUALIFICATIONS OF FARM CREDIT ADMINISTRATION
BOARD MEMBERS.
Section 5.8 (12 U.S.C. 2242) is amended by adding at the
id the following new subsection:
“(e) The President shall appoint members of the Board who — President.
“(1) are experienced or knowledgeable in agricultural
economics and financial reporting and disclosure;
“(2) are experienced or knowledgeable in the regulation
of financial entities; or
“(3) have a strong financial, legal, or regulatory back¬
ground.”.
106 STAT. 4104
PUBLIC LAW 102-552— OCT. 28. 1992
President.
President.
TITLE II— FARM CREDIT SYSTEM
INSURANCE CORPORATION
SEC. 201. EABH CREDIT SYSTEM INSURANCE CORPOKATION.
(a) In General. — Section 5.53 (12 U.S.C. 2277a-2) is amended
to read as follows:
**SEC. 5JSS. BOARD OF DIRECTORS.
“(a) In General.—
“(1) Estabushment. — The management of the Corporation
shall be vested in a Board of Directors (referred to in this
section as l^e ‘Board’)- The Board shall establish policies for
the Corporation. The Board shall provide for the performance
of all the powers and duties vested in the Corporation.
“(2) .^POINTMENT. — ^The Board shall consist of three mem¬
bers, who shall be citizens of the United States and broadly
representative of the public interest. Members of the Board
shall be appointed by the President, by and with the advice
and consent of the Senate. Not more than two members of
the Board shall be members of the same political party.
“(3) Chairperson. — Of the persons appointed to the Board,
one shall be designated by the President to serve as Chair¬
person of t^ Board for the duration of the term of the member.
“(4) Postemployment prohibition.— A member of the
Board shall be ineligible during the time the member is in
office and for 2 years thereafter to hold any office, position,
or employment in any institution of the Farm Credit System.
“(b) Term of Office.—
“(1) In general. — ^The term of office of each member of
the Board shall be 6 years, except that the terms of the two
members, other than the Chairperson, first appointed under
subsection (a) shall expire, one on the expiration of 2 years
after the date of appointment, and one on the expiration of
4 years after the date of appointment.
“(2) Succession. — ^Members of the Board shall not be
appointed to succeed themselves, except that the members first
appointed under subsection (a) for a term of less than 6 years
may be reappointed for a full 6-year term and members
appointed to fill unexpired terms of 3 years or less may be
reappointed for a fiill 6-year term.
“(3) Vacancies. — Any vacancy shall be filled for the
imexpired term on like appointment. Any member of tee Board
shall continue to serve as a member after the expiration of
the term of the member until a successor has been appointed
and qualified.
“(c) Organization.—
“(1) Oath.— Each member of the Board, within 15 days
after notice of appointment, shall subscribe to the oath of
office.
“(2) Quorum. — ^The Board may transact business if a
vacancy exists, if a quorum is present. A quorum shall consist
of two members of the Board.
“(3) Meeting. — The Board shall hold meetings at such
times and places as the Board may fix and determine. The
meetings shall be held on the call of the Chairperson or any
two Board members.
PUBLIC LAW 102-552— OCT. 28, 1992
106 STAT. 4105
“(4) Rules; records. — ^The Board shall adopt such rules
as the Board considers appropriate for the transaction of busi¬
ness by the Board, and shall keep permanent and accurate
records and minutes of ^e actions and proceedings of the
Board.
“(d) Compensation.—
“(1) In general. — ^The members of the Board shall devote
their hill time and attention to the business of the Board.
“(2) Chairperson. — ^The Chairperson of the Board shall
receive compensation at the rate prescribed for level III of
the Executive Schedule under section 5314 of title 5, United
States Code.
“(3) Other members. — ^Each of the other members of the
Board shall receive compensation at the rate prescribed for
level rV of the Executive Schedule under section 6316 of title
6, United States Code.
“(4) Expenses. — ^Each member of the Board shall be
reimbursed for necessary travel, subsistence, and other
expenses in the discharge of the ofRcial duties of the member
without regard to other laws with respect to allowance for
travel and subsistence of officers and employees of the United
States.”.
(b) Conforming Amendments.—
(1) Chairperson. — Section 5314 of title 6, United States
Code, is amended by adding at the end the following new
item:
“Chaiiperson, Board of Directors of the Farm Credit System
Insurance Corporation.”.
(2) Members. — Section 6316 of such title is amended by
adding at the end the following new item:
“Members, Board of Directors of the Farm Credit System
Insurance Corporation.”.
(c) Effective Date.—
(1) In general. — ^The amendments made by this section
shall become effective on January 1, 1996.
(2) Transitional provision.— The Board of Directors of
the Farm Credit System Insurance Corporation as established
by section 5.63 of the Farm Credit Act of 1971 (12 U.S.C.
2277a-2) (as it existed before the amendments made by sub¬
section (a) of this section) shall continue in existence and con¬
tinue to manage the Farm Credit System Insurance Corporation
imtil at least two members are appointed by the President,
by and with the advice and consent of the Senate, to the
new Board established by section 6.63 of such Act (as amended
by subsection (a) of this section).
SEC. 202. STATUTORY SUCCESSOR TO ASSISTANCE BOARD AGREE¬
MENTS.
(a) In General.— Section 6.68(2) (12 U.S.C. 2277a-7(2)) is
amended by adding at the end the following new sentence: “Ihe
Corporation shall succeed to the rights of the Farm Credit System
Assistance Board under agreements between the Farm Credit Sys¬
tem Assistance Board and System institutions certifying the institu¬
tions as eligible to issue preferred stock pursuant to title VI on
the termination of the Assistance Board on the date provided in
section 6.12.”.
12 use 2277a-2
note.
06 STAT. 4106
PUBLIC LAW 102-552-OCT. 28, 1992
L2 use 2277a-4
lote.
(b) Conforming Amendments. — Section 5.35(4) (12 U.S.C.
2271(4)) is amended —
(1) by striking “and" at the end of subparagraph (A);
(2) by striking the period at the end of subparagraph (B)
and inserting and”; and
(3) by adding at the end the following new subpara^aph:
“(C) after December 31, 1992, mean any significant
noncompliance by a System institution (as determined by
the Farm Credit Administration, in consultation with the
Farm Credit System Insurance Corporation) with any term
or condition imposed on the institution by the Farm Credit
System Assistance Board under section 6.6 or by the Farm
Credit^System Insiirance Corporation under section 5.61.”.
SEC. 203. USE OF FARM CREDIT ADMINISTRATION PERSONNEL.
Section 5.59(a) (12 U.S.C. 2277a-8(a)) is amended by adding
at the end the following new paragraph:
“(5) Use of farm credit administration personnel.—
To the extent practicable, the Corporation shall use the per¬
sonnel and resources of the Farm Credit Administration to
minimize duplication of effort and to reduce costs.”.
SEC. 204. GAO REPORTS ON RISK-BASED INSURANCE PREMIUMS,
ACCESS TO ASSOCIATION CAPITAL, SUPPLEMENTAL PRE-
MIUMS, AND CONSOLIDATION.
(a) In General. — ^The Comptroller General of the United States
shall investigate, review, and evaluate the feasibility and appro¬
priateness, and report to the Committee on Agriculture of the
House of Representatives and the Committee on ^^culture, Nutri¬
tion, and Forestry of the Senate, on the advantages and disadvan¬
tages of providing the Farm Credit System Insurance Corporation
with —
(1) the authority to directly or indirectly assess associations
to ensure that all System capital is available to prevent losses
to investors, including a study of—
(A) the effects of direct assessments by the Insurance
Corporation on associations, including interest rate charges
to borrowers;
(B) the effects of requiring that banks pass along the
cost of insurance premiums to owner associations and other
financing institutions having a discount relationship with
the bank;
(C) the effects of requiring owner associations to pur¬
chase stock in the district bank, if needed, to prevent
a bank from having to return to the Insurance Corporation
for financial assistance once the assistance has been given;
(D) the effects of the purchase of stock from funds
of the association (through nmds obtained from other than
the district bank) or allowing the bank to increase the
direct line of credit to the association in order to fund
the purchase; and
(E) the effect that authorizing the Insurance Corpora¬
tion to assess the association could have on the association’s
incentives for building capital;
(2) the authority to collect supplemental insurance pre¬
miums under certain circumstances, including a study of—
PUBLIC LAW 102-552— OCT. 28, 1992
106 STAT. 4107
(A) the possibility of the Insurance Fund being depleted
more rapidly than it could be replenished under the current
premium structure;
(B) the effects of the depletion under alternate eco¬
nomic scenarios and the probability of the occurrence of
eadi of those scenarios;
(C) the effects on capital accumulation and interest
rates of lev3dng a supplemental premium; and
(D) limitations on any autnority to levy supplemental
premiums and the underlying basis for the limitations;
and
(3) the authority to establish an insurance premium rate
structure that would take into account, on an mstitution-by-
institution basis, asset quality risk, interest rate risk, earnings,
and capital.
(b) Report on Consoudation.—
(1) In general. — The Comptroller General of the United
States shall evaluate and report to the Committee on Agri¬
culture of the House of Representatives and the Committee
on Agriculture, Nutrition, and Forestry of the Senate on
whether there are likely to be benefits to farmer and rancher
borrowers of the Farm Credit System institutions of merging
the 10 district Farm Credit Banlu (and the Federal Intermedi¬
ate Credit Bank of Jackson) into fewer regional Farm Credit
Banks.
(2) Factors. — ^In preparing the report, the Comptroller
General shall consider —
(A) the potential reduction in services to farmers and
ranchers;
(B) the potential benefits of jointly providing services
to farmers and ranchers among these proposed regional
districts;
(C) any economy of scale effects on a district-by-district
basis;
(D) the potential impact on the cooperative nature
of the Farm Cfredit Svstem;
(£) the potential impact on bank and association rela¬
tionships; and
(F) the potential impact on System-wide bond
issuances.
(c) Potential Savings. — ^The Comptroller General of the
Led States shall evaluate and report to the ^propriate commit-
of Congress on the potential savings to the FWm Credit System
its shareholders that might occur if System institutions and
Farm Credit Administration were required to comply with Gen-
Services Administration standards for office space, furniture,
equipment.
(d) Deadline. — ^The reports required under this section shall
irovided to Congress not later than 12 months after the date
lactment of this Act.
title in— repayment of farm
CREDIT SYSTEM DEBT OBLIGATIONS
, SOI. CAPITAL PRESERVATION.
Section 6.9(eX3) (12 U.S.C. 2278a-9(eX3)) is amended—
STAT. 4108
PUBLIC LAW 102-552— OCT. 28, 1992
racts.
(1) by striking subparagraph (C) and inserting the following
new subparagraph:
“(C) PAYMENT OP PRINCIPAL.—
“(i) In general. — After the end of the 15-year
period beginning on the date of the issuance of any
obligation issuea to carry out this subsection, the banks
operating under this Act shall pay to the Financial
^sistance Corporation, on demand, an amoimt ^ual
to the outstanding principal of the obligation, ifach
bank shall pay a proportion of the principal equal
to—
(E);
*XI) the average accruing loan volume of the
bank for the preceding 15 years; divided by
"(II) the average accruing loan volume of all
banks of the System for the same period.
"(ii) Banks leaving system.— Any bank leaving
the Farm Credit System pursuant to section 7.10 shall
be required; under regulations of the Farm Credit
Administration, to pay to the Financial Assistance Cor¬
poration the estimated present value of the payment
required imder this subparagraph had the bank
remained in the System.
“(iii) Banks undergoing uquidation.— Wi^
respect to any bank undergoing liquidation under this
Act, a liability to the Financial Assistance Coimration
in the amount of the payment required under this
subparagraph (calculated as if the bank had left the
System on the date it was placed in liquidation) shall
be recognized as a claim in favor of the Financial
Assistance Corporation against the estate of the bank.
“(iv) Obugations of other banks.— The obliga¬
tions of other banks shall not be reduced in anticipation
of any recoveries under this subpara^aph from banks
leaving the ^stem or in liquidation, but the Financial
Assistance (Jorporation slmll apply the recoveries,
when received, and all earnings on the recoveries, to
reduce the other banks’ payment obligations, or, to
the extent the recoveries are received after the other
banks have met their entire payment obligation, shall
refund the recoveries, when received, to the other
banks in proportion to the other banks’ payments.”;
(2) by redesignating subparagraph (D) as subparagraph
(3) by inserting after subparagraph (C) the following new
subparagraph:
^(D) Annual payments.—
"(i) In general. — ^In order to provide for the
orderly funding and discharge over time of the obliga¬
tion of each System bank to the Financial Assistance
Corporation under subparagrai>h (C), each System
bank shall enter into or continue in effect an agreement
with the Financial Assistance Corporation under which
the bank will make annual annuity-t}q>e pa3rments to
the Financial Assistance Coiporation, beginning no
later than December 31, 1992 (except for any bank
that did not meet its interim capitid reouirement on
December 31, 1990, in which case the bank shall begin
PUBLIC LAW 102-552— OCT. 28, 1992
106 STAT. 4109
making the pa3^ents no later than December 31, 1993)
in amounts designed to accumulate, in total, including
earnings on the amoimts, to 90 percent of the bank’s
ultimate obligation. The Financial Assist€uice Corpora¬
tion shall partially discharge the bank from its obliga¬
tion under subparagraph (C) to the extent of each
such payment and the earnings on the payment as
earned.
“(ii) Capital requirements.— The agreement shall
not require pa3rments to be made to the extent that
making a particular payment or part of a payment
would cause the bank to fail to satisfy applicable
regulatory permanent capital requirements, but shall
provide for recalculation of subsequent pa3anents
accordingly.
“(iii) Investment; availability.— -The funds
received by the Financial Assistance Corporation
pursuant to the agreements shall be invested in eligible
mvestments as defined in section 6.25(aXl)- The i^ds
and the earnings on the funds shall be available only
for the payment of the principal of the bonds issued
by the Financial Assistance Corporation imder this
subsection.”; and
[4) in subparagraph (E) (as redesimated by paragraph
by inserting before the period at the end the following:
>r shall the obligation to make future annuity pa3rments
le Financial Assistance Corporation under subparagraph
>e considered a liability of any System bank”.
PREFERRED STOCK.
jaragraph (B) of section 6-26(d)(l) (12 U.S.C. 2278b-
)) is amended to read as follows:
“(B) Payments by institutions.—
“(i) In general. — ^Except as provided in subpara¬
graph (C), in order to enable the Financial Assistance
Corporation to repay the obligation referred to in
subparagraph (A), each institution that issued
preferred stock imder section 6.27(a) with respect to
the obligation (or the successor to the institution) shall
pay to the Financial Assistance Corporation, before
the maturity date of the obligation, an amount
equal to the par value of the si^k outstanding for
the institution.
“(ii) Annual appropriation.— Except as provided
in clause (iii), each year beginning in 1992, as soon
as practicable following the end of me prior year, each
sucn institution (except institutions in receivership and
institutions that have previously redeemed their pre¬
ferred stock) shall appropriate from its earnings in
the prior year to an appropriated unallocated surplus
account with respect to preferred stock, the sum of—
“(I) the greater of—
“(aa) such amount as the institution may
be required to appropriate under any assist¬
ance a^eement the institution has with the
Farm Credit System Assistance Board or the
106 STAT. 4110
PUBLIC LAW 102-552— OCT. 28, 1992
Farm Credit System Insurance Corporation;
or
'‘(bb) the amount that, if appropriated to
the accoimt in equal amounts m each year
thereafter until the maturity of the obligation
referred to in subparagraph (A), would cause
the amount in the account to equal tiie par
value of the preferred stock issued by the
institution with respect to the obligation; plus
"(II) any amount that had been appropriated
to the account in a previous year but l^d there*
after been offset by losses.
"(iii) Limitation. — ^An annual appropriation shall
not be made to the extent that the appropriation would
exceed the institution’s net income (as determined
pursuant to generaUv accepted accounting principles)
m that year or to the extent that the appropriation
would cause the institution’s preferred stock to be
impaired.
“(iv) Use. — ^The amount in the appropriated
unallocated surplus account shall be unavailable to
pay dividends or other allocations or distributions to
shareholders or holders of participation certificates.
The account shall be senior to idl other unallocated
surplus accounts but junior to all preferred and com¬
mon stock for purposes of the apphcation of operating
losses.
"(v) Preferred stock.— The appropriations of sur¬
plus by an institution shall not wect the treahnent
of its preferred stock (and of the appropriated
unallocated surplus) as equity for purposes of regu¬
latory permanent capital requirements.”.
SEC. 803. SYSTEMWIDE REPAYMENT OBUGATION.
Sutoaragraph (C) of section 6.26(dXl) (12 U.S.C. 2278b-
6(dXlXC)) is amended to read as follows:
“(C) Systemwide repayment. —
“(i) In general. — ^In order to enable the Financial
Assistance Corporation to repay the obligations issued
to provide assistance under subsections (c) and (e) of
section 410 of the Agricultural Credit Act of 1987 (12
U.S.C. 2011 note) and section 4.9A(c) of this Act, or
issued to provide funds to cover the expenses of the
Assistance Board or the Financial Assistwce Corpora¬
tion under sections 6.7(a) and 6.24, respectively, of
this Act, each System bank shall pay to tne Financial
Assistance Corporation a proportion, as calculated by
the Financial Assistance (Corporation, of the obligation
equal to—
“(1) the average accruing retail loan volume
of the bank and its affiliated associations for the
preceding 15 years; divided by
“(II) the average accruing retail loan volume
of all such baidLs and their affiliated associations
for the same period.
“(ii) Expense item. — The annual increase in the
present value of the estimated obligation of each bank
PUBLIC LAW 102-552— OCT. 28, 1992
106 STAT. 4111
to the Financial Assistance Coiporation under this
subparagraph shall be recordedf each year as an
expense item, in accordance with generally accepted
accounting principles, on the books of the bank.
“(iii) Pass through. — ^A bank may (and, to the
extent necessary to satisfy its obligations, shall) pass
on (either directly, or indirectly tl^ough loan pricing
or otherwise) all or part of the amoimt necessaiy to
satisfy the payment requirement to its affiliated direct
lender associations based on proportionate average
accruing retail loan volumes for the preceding 15 years,
except that the bank shall remain primarily liable
for tne amoimt.
“(iv) Banks leaving system.— Any bank leaving
the Farm Credit System pursuant to section 7.10 shall
be required, imder regulations of the Farm Credit
Administration, to pay to the Financial Assistance Cor¬
poration the estimated present value of the payment
required imder this subpara^aph had the bank
remained in the System. A liability to the Financial
Assistance Corporation in this amount (calculated as
if the bank had left the System on the date it was
placed in liquidation) shall be recognized as a claim
in favor oi the Financial Assistance Corporation
gainst the estate of any bank undergoing liquidation,
lue obligations of other banks shall not be reduced
in anticipation of such recoveries from banks leav¬
ing the System or in liquidation, but the Financial
Assistance Corporation shall apply the recoveries,
when received, and all earnings on the recoveries, to
reduce the other banks’ payment obligations, or, to
the extent the recoveries are received ^er the other
banks have met their entire payment obligation, shall
refund the recoveries, when received, to the other
banks in proportion to the other banks’ payments.
“(v) Associations terminating system status or
IN LIQUIDATION. — ^Any association leaving the Farm
Credit System pursuant to section 7.10 shall be
required, under regulations of the Farm Credit
Administration, to pajr to its supervising bank a share,
based on the association’s retail loan volume relative
to the retail loan volume of the bank and its affiliated
associations had the association remained in the Sys¬
tem, of the present value of the future payment obliga¬
tion of its supervising bank. A liability to the bank
in this amount (calculated as if the association had
left the System on the date it was placed in
liquidation) shall be recognized as a claim in favor
of the bank against the estate of any association under¬
going liquidation.”.
C. 304. REPAYMENT OF TREASURY-PAID INTEREST.
(a) In General. — ^Paragraph (5) of section 6.26(c) (12 U.S.C.
78b-6(cX5)) is amended to read as follows:
“(5) Repayment p treasury-paid interest. —
106 STAT. 4112
PUBLIC LAW 102-552— OCT. 28, 1992
Financial Assistance Corporation shall repay to the Sec¬
retary of the Treasury the tot^ amount of any annual
interest charges on the debt obligations that Farm Cre^t
System institutions (other than the Financial Assistance
Corporation) have not previously paid, and the Financial
Assistance Corporation shall not oe required to pay any
additional interest charges on the pa3anents.
**(B) Assessment. — ^In order to provide for the orderly
funding by the banks of the System of the r^ayment
by the Fhiancial Assistance Corporation to the j^cretaiy
of the Treasu^, the Financial Assistance Corporation shall
assess each System bank, on or about December 31 of
each year beginning in 1992, and each System bank shall
promptly pay to the Financial Assistance Corporation, an
annual annuity type payment in an amount designed to
accumulate, in total, including earnings thereon, the
amount of the bank’s ultimate obligation (as determined
by the Corporation on a fair and equitable basis), and
no neater man .0006 nor less than .0004 times the bank’s
and its affiliated associations’ average accruing retail loan
volume for the preceding year, subject to —
“(i) upward or downward acijustment, as appro¬
priate, by the Financial Assistance Corporation during
each of the last 5 years prior to the date the Financial
Assistance Corporation is obligated to make the repay¬
ment, in order to ensure that the Financial Assistance
Corporation will have the amount of fimds needed
to make the repayment on the due date; and
“(ii) redu^ion or termination in any year when
the fimds paid to the Financial Assistance Coiporation,
including any anticipated future earnings on the funds,
are sufficient to make the repa^ent on the due date.
“(C) Investment of funds.— The Financial Assistance
Corporation shall invest funds derived from the investment
in eligible investments as defined in section 6.25(aXl)-
The fimds and the earnings on the funds shall be available
only for the repayment to the Secretary of the Treasury
provided for in subparagraph (A).
“(D) Pass through. — ^A bank may (and, to the extent
necessary to satisfy its obligations, shall) pass on (either
directly, or indirectly through loan pricing or otherwise)
all or part of the assessment to its affiliated direct lender
associations based on proportionate average accruing retail
loan volumes for the preceding year, but the bank shall
remain primarily liable for the amoimts.
“(E) Liabiuty.—
“(i) Banks terminating system status or in liq¬
uidation. — Any bank terminating System status
{pursuant to section 7.10 shall be required, under regu-
ations of the Farm Credit Administration, to pay to
the Financial Assistance Corporation the estimated
present value of all future such assessments against
the bank had the bank remained in the System. A
liability to the Financial Assistance Corporation in this
amount (calculated as if the bank had left the System
PUBLIC LAW 102-552— OCT. 28, 1992
106 STAT. 4113
Assistance Corporation against the estate of any bank
undergoing liquidation.
“(ii) No ANTICIPATORY REDUCTIONS IN OTHER
OBLIGATIONS. — The obligations of other banks shall not
be reduced in anticipation of any recoveries luider this
subparagraph from banks leaving the System or in
liquidation.
“(iii) Refund of recoveries.— The Financial
Assistance Corporation shall apply the recoveries,
when received, and all earnings on the recoveries, to
reduce the other banks’ payment obligations, or, to
the extent the recoveries are received after the other
banks have met their entire pa3rment obligation, shall
refund the recoveries, when received, to the other
banks in proportion to the other banks’ pa3rment8.
“(F) Associations terminating system status or in
LIQUIDATION. — ^Any association terminating System status
pursuant to section 7.10 shall be required, under regula¬
tions of the Farm Credit Administration, to pay to its
supervising bank a share, based on the association’s retail
loan volume relative to the retail loan volume of the bank
and its affiliated associations had the association remained
in the System, of the estimated present value of all future
such assessments against the bank. A liability to the bank
in this amount (calculated as if the association had left
the System on the date it was placed in liquidation) shall
be recognized as a claim in favor of the bank against
the estate of any association undergoing liquidation.
“(G) Capital requirements.—
“(i) In general. — Until the date that is 5 years
prior to the date on which the Financial Assistance
Corporation is required to repay the Secretary of the
Treasury pursuant to subparagrajih (A), all assess¬
ments paid by baidcs to the Financial Assistance Cor¬
poration pursuant to subparagraph (B), and any part
of the obligation to pay future assessments to the
Financial Assistance (Jorporation under subparagraph
(B) that is recognized as an expense on the books
of any System bank or association, shall nonetheless
be included in the capital of the bank or association
for purposes of determining its compliance with regu¬
latory capital requirements.
“(ii) During the final 6 years prior to repay¬
ment. — During the —
“(I) period beginning 5 years, and ending 4
years, prior to the date on which the Financial
Assistance Corporation is required to repay the
Secretary of the Treasury pursuant to subpara¬
graph (A), 60 percent;
“(II) period begirming 4 years, and ending 3
years, pnor to the date on which the Financial
Assistance Corporation is required to repay the
Secretary of the Treasury pursuant to subpara¬
graph (A), 30 percent; and
“(III) period beginning 3 years prior to the
date on which the Financial Assistance Corpora-
106 STAT. 4114
PUBLIC LAW 102-552— OCT. 28, 1992
tion is required to repay the Secretary of the Treas¬
ury pursuant to subparagraph (A), 0 percept,
of all assessments paid by banks to the Financial
Assistance Corporation pursuant to subparagraph (B),
and of any part of the obligation to pay future assess¬
ments to the Financial Assistance Corporation under
subparagraph (B) that is recognized as an expense
on me of any System ba^ or association, shall
nonetheless be included in the capital of the bank
or association for purposes of determining its compli¬
ance with regulatory capital requirements. .
(b) Conforming Amendment.— Section 6.28 (12 U.S.C. 2278b-
8) is amended by striking subsection (b) and redesignating sub¬
section (c) as subsection (b).
SEC. 305. TRANSFER OF OBUGATIONS FROM ASSOCIATIONS TO
BANKS; OTHER MATTERS.
Section 6.26 (12 U.S.C. 2278b-6) is amended —
(1) in subsection (c) —
(A) in the subparagraph heading of paragraph (2XB),
by striking “INSTITUTIONS” and insertmg “banks”;
(B) by striking “institutions” earn place it appears
in paragraphs (2XB), (3), and (4) and inserting “banks”;
and
(C) in paragraph (2), by striking subparagraphs (C)
and (D) and inserting the following new subparagraph:
“(C) Allocation. — During each year of the second
5-year period, each System ba^ shall pay to the Financial
Assistance Corporation a proportion, as calculated by the
Financial Assistance Corporation, of the interest due from
System banks under this paragraph equal to —
“(i) the amount of the average accruing retail loan
volume of the bank and its affiliated associations for
the preceding year; divided by
“(ii) the total average accruing retail Ioeui volume
of all such banks and their affiliated associations for
the preceding year.”;
(2) in subsection (q)(1) —
(A) by striking subparagraph (D); and
(B) by redesignating subparagraph (E) as subpara¬
graph (D); and
(3) by adding at the end the following new subsection:
“(e) Administration.—
“(1) Definition of retail loan volume.— As used in this
section, the term ‘retail loan volume’ means all loans (as de^ed
in accordance with generally accepted accoimting principles)
by a System bank or association, excluding loans by such a
bank or association to another System institution.
“(2) Calculation of average annual loan volumes.—
For purposes of this section and section 6.9, average annual
loan volumes shall be calculated using month-end balances.
“(3) Exclusion of banks undergoing liquidation.— For
purposes of this section and section 6.9, the term ‘bank’ shall
not include a bank that had entered liquidation prior to the
date of enactment of this subsection.”.
SEC. 306. DEFAULTS.
Section 6.26(d) (12 U.S.C. 2278b-6(d)) is amended —
PUBLIC LAW 102-552— OCT. 28, 1992
106 STAT. 4115
(1) in paragraph (3) —
(A) in subpara^aph (A) —
(i) by striong the heading and inserting the fol¬
lowing: “Certain principal and interest obuga-
TIONS.—
(ii) in clause (i) —
(I) Iw inserting after “subsection (a),” the fol-
lo¥^g: “on the payment of principal or interest
due under subparagraphs (B) and (C) of section
6.9(eX3), on the payment of principal due under
paragraph (IXC), or on the payment of an assess¬
ment due under subsection (cX5XB),”;
(II) by striking “of the interest” both places
it appears; and
(III) by striking “institution” each place it
api^ars and inserting “bank”;
(hi) in clause (ii) —
(I) by striking “of interest”;
(II) by striking “institution” and inserting
“bank”; and
(III) by striking “such uncollected interest” and
inserting *Wy uncollected amount”; and
(iv) in clause (iii), by striking “added” and all that
follows through the period at tne end and inserting
“allocated to other System banks in accordance with
the allocation mechanism applicable under this Act
to the particular defaulted obligation.”;
(B) in subpara^aph (B), by st^ng the subparagraph
heading and inserting the following new heading: “PRm-
CIPAL OF BONDS ISSUED TO FUND PURCHASE OF PREFERRED
STOCK. — ”; and
(C) in subparagraph (C) —
(i) in the heading, by striking “INSTITUTIONS” and
inserting “BANKS”;
(ii) by striking “institution” and inserting “bank”;
(iii) bjr striking “institutions” both places it appears
and inserting “bemks”; and
(iv) by striking “the amount of any interest” and
inserting “any amounts”; and
(2) in paragraph (4) —
(A) in subparagraph (A), by inserting “or section
6.9(eX3XA)” after “simsection (a)”;
(B) in subparagraph (B) —
(i) in clause (i) —
(I) by striking the clause heading and inserting
the following new heading: “Certain PRINCIPAL
AND INTEREST OBLIGATIONS.—”;
(II) by inserting after “subsection (c),” the fol¬
lowing: “on the payment of principal or interest
due under subparagraphs (B) and (C) of section
6.9(eX3), on the payment of principal due under
paragraph (IXC), or on the payment of an assess¬
ment due under subsection (cX6XB),”; and
(III) by striking “institution” each place it
appears and inserting “bank”; and
(ii) in clause (ii), by striking the clause heading
and inserting the following new heading: “Principal
OF BONDS ISSUED TO FUND PURCHASE OF PREFERRED
STOCK.—’".
SEC. 307. AUTHORITY OF FINANCIAL ASSISTANCE CORPORATION.
(a) Purpose. — Section 6.21 (12 U.S.C. 22781>-1) is amended
by inserting before the period at the end the following; "and to
assist, pursuant to section 6.9(e) and subsections (c) through (g)
of section 6.26, in the repa^ent by System institutions to those
persons who provided funds m connection with the program”.
(b) Termination.— Section 6.31(a) (12 U.S.C. 2278b--ll(a)) is
amended by striking "terminate on” and inserting the following:
"terminate on ^e complete discharge by the Financial Assistance
Corporation of its responsibilities under section 6.9(e) and sub¬
sections (c) through (g) of section 6.26 with regard to repayments
by System instituuons, but in no event later than 2 years following”.
SEC. 308. TECHNICAL AMENDMENTS.
(a) Technical Amendment to the Food, Agriculture, Con-
servation, and Trade Act Amendments of 1991.— Section 204(3)
of tile Food, Agriculture, Conservation, and Trade Act Amendments
of 1991 (^blic Law 102-237: 105 Stat. 1855) is amended by string
"in section 1221(iXD) (16 U.S.C. 3821(1XD))” and inserting “in
section 1221(aXlXD) (16 U.S.C. 3821(aXlXD))”.
(b) Technical Amendments to the Farm Credit Act of
1971.—
(1) Section 8.3(cX13) of the Farm Credit Act of 1971 (12
U.S.C. 2279aa-3(c)(13)) is amended by striking "8.11(g)” and
inserting “8.11(e)”.
(2) Section 8.11(aXlXBXii) of such Act (12 U.S.C. 2279aa-
ll(aXiXB)(ii)) is amended by striking "the date of enactment
of this section” and inserting December 13, 1991”.
(3) Section 8.32 of such Act (12 U.S.C. 2279bb-l) is
amended —
(A) in each of subsections (a), (bXlXB), and (bX2),
by striking "the date of the enactment of this section”
each place the term appears and inserting "December 13,
1991^ and
(B) in subsection (bXlXE), by striking "the date of
the enactment of such Act” and inserting "December 13,
1991”.
TITLE IV— CLARIFICATION OF CERTAIN
AUTHORITIES
SEC. 401. CLARIFICATION OF THE STATUS AND POWERS OF CERTAIN
INSTITUTIONS OF THE FARM CREDIT SYSTEM.
(a) Clarification of Authority Regarding Remaining Fed¬
eral Intermediate Credit Bank.— Section 410 of the Agricultural
Credit Act of 1987 (12 U.S.C. 2011 note) is amended by adding
at the end the following new subsection:
"(e) Clarification of Authority Regarding Remaining Fed¬
eral Intermediate Credit Bank.—
"(1) Negotiated merger.—
"(A) Requirement.—
"(i) In general. — ^Not later than June 30, 1993.
except as provided in subparagraph (C), the Federal
PUBLIC LAW 102-552— OCT. 28, 1992
106 STAT. 4117
Intermediate Credit Bank of Jackson (as chartered
on the date of enactment of this subsection) shall merge
with a Farm Credit Bank pursuant to the procedures
prescribed by section 7.12 of the Farm Credit Act of
1971 (12 U.S.C. 22790.
‘‘(ii) Merger of entire bank. — ^Notwithstanding
subparagraph (B), or any other provision of law, the
Farm Credit Administration shsU approve a merger
of the Federal Intermediate Credit Bank of Jackson
only if the Bank (as chartered on the date of enactment
of ^s subsection, except as provided in subparagraph
(BXiiXII)(bb)) merges in its entirety with a Farm Cre^t
Bank.
“(iii) Limited lending authority.— Notwithstand¬
ing aiw provision of the Farm Credit Act of 1971
(12 U.S.C. 2001 et seq.), the Farm Credit Bank result¬
ing from a merger under this subsection shall have
only the lending authorities in the States of Alabama,
Louisiana, and Mississippi that the constituent banks
exercised in such States immediately prior to the
merger, except as may be provided in section 6.17(aX2)
of such Act (12 U.S.C. 2252(aX2)).
“(B) Operating and merger authority.—
“(i) In general. — Except as provided in clause
(ii), the Federal Intermediate Credit Bank of Jackson
may operate subject to such provisions of part A of
title II of the Farm Credit Act of 1971 (as in effect
immediately before the amendment made by section
401 took effect) and such provisions of the Farm Credit
Act of 1971 (12 U.S.C. 2001 et seq.) (as in effect after
the amendment), as the Farm Credit Administration
deems appropriate to carry out the purposes of this
subsection and such Act. This subparagraph shall take
effect as if it had become law at the same time as
the amendment made by section 401 and shall remain
in effect until the Bank’s merger with a Farm Credit
Bank under this subsection, or July 1, 1994, whichever
is sooner.
“(ii) Limitation on operating authority. —
“(I) In general. — Notwithstanding clause (i)
and subparagraph (AXii), the authority of the Fed¬
eral Intermediate (Credit Bank of Jackson to oper¬
ate as provided under clause (i) shall expire, and
the Farm Credit Administration shall revoke the
Bank’s charter, immediately on the Bank’s merger
with a Farm Credit Bank under this subsection,
or July 1, 1994, whichever is sooner.
“(II) District boundary modification.— Not¬
withstanding clause (i), the authority of the Fed¬
eral Intermediate Cre^t Bank of Jackson shall
not include the authority for the Bank to modify,
nor shall the Farm Credit Administration approve
such a modification to, the boundaries of the Fifth
Farm Credit District to reaffiliate any portion of
the District with another Farm Cremt Bank,
except —
Effective date.
106 STAT. 4118
PUBLIC LAW 102-552— OCT. 28, 1992
"(aa) in the case of the merger of the
entire Bank as an entity with a Farm Credit
Bank such that the entire chartered territory
of the Federal Intermediate Credit Bank of
Jackson (except as provided in item (bb)) is
merged with the Farm Credit Bank; and
""(bb) in the case of the reaffiliation of
the Northwest Louisiana Production Credit
Association with another farm credit district
pursuant to the Farm Credit Act of 1971 (12
U.S.C. 2001 et seq.) and any applicable reguda-
tilons under such Act.
“(iii) Limitation on authortiy to merge. —
“(I) In general. — ^Notwithstanding clause (i),
the authority of the Federal Intermemate Cre^t
Bank of Jackson to merge with a Farm Credit
Bank as provided under clause (i) shall expire,
and the Farm Credit Administration shall revoke
the Bank’s charter, immediately on the Bank’s
merger with a Farm Credit Bank under this sub¬
section, or July 1, 1994, whichever is sooner.
“(II) Bank integrtiy.— Notwithstanding
clause (i), the authority of the Federal Intermedi¬
ate Credit Bank of Jackson to merge with a Farm
Credit Bank shall be limited to a merger of the
Federal Intermediate Credit Bank of Jackson (as
chartered on the date of enactment of this sub¬
section to include the territory in the States of
Alabama, Louisiana, and Mississippi, except as
provided in clause (iiXII)(bb)) as a whole entitv
such that the entire chartered territory of the Fed¬
eral Intermediate Credit Bank of Jackson is
merged with the Farm Credit Bank.
“(Ill) Limitation. — Beginning on the date of
an order issued by the Farm Credit Administration
under subparagraph (D), the authority of the Fed¬
eral Intermediate Credit Bank of Jackson to merge
with a Farm Credit Bank shall be limited to the
arbitrated merger provided for in paragraph (2).
“(C) Extension.—
“(i) Letter of intent.— If no later than June 30,
1993, ^e Federal Intermediate Credit Bank of Jackson
delivers to the Farm Credit Administration a letter
of intent to merge with a Farm Credit Bank, summariz¬
ing the terms and conditions of the merger (including,
but not limited to, board composition, capital structure,
exchange, or transfer of equities, and termination)
s^ed by the chief executive officer and the members
of the boards of directors of the Federal Intermediate
Credit Bank of Jackson and the Farm Credit Bank,
the Farm Credit Administration shall, on its deter¬
mination that the letter of intent represents a bona
fido good faith agreement in principle between the
two banks to merge, and that there is at least a reason¬
able prosp^ that the merger will be completed in
an expeditious manner, grant a one-time extension,
until a date certain not later than October 31, 1993,
PUBLIC LAW 102-552— OCT. 28, a992
106 STAT. 4119
of the requirement under subparagraph (A). Any exten¬
sion provided under this subparagraph be condi¬
tioned on such terms and conmtions as the Farm Credit
Administration determines necessaiy to ensure that
the merger described in the letter of intent is completed
by the closing date of the extension.
‘‘(ii) Compliance.— If the Farm Credit Administra¬
tion grants an extension under clause (i), it shall issue
an order under subpara^aph (D) inunediately if —
“(I) the Federal Intermediate Credit Bank of
Jackson, or the Farm Credit Bank that is a signa-
toi^ to the letter of intent under clause (i), pro^des
vmtten notification to the Farm Credit Adminis¬
tration that the bank does not intend to complete
the merger described in the letter of intent;
“(II) the Farm Credit Administration deter¬
mines tiiat the Federal Intermediate Credit Bank
of Jackson is not complying with any term or condi¬
tion on which an extension under clause (i) was
conditioned; or
“(III) the Farm Credit Administration deter¬
mines that the Federal Intermediate Credit Bank
of Jackson is not pursuing in good faith the merger
provided for in the letter of intent.
If the Farm Credit Administration issues an order
under subparagraph (D) pursuant to this clause, Uie
Federal Intermediate Credit Bank of Jackson shall
be deemed to have failed to comply with the require¬
ments of subparagraph (A).
“(D) Failure to merge; issuance of order.— If the
Federal Intermediate Credit Bank of Jackson fails to com¬
ply, or notifies the Farm Credit Administration in writing
that it does not intend to comply, with the requirements
of subpara^aph (A), the Farm Credit Administration shall,
within 5 days after the date specified in subpara^aph
(A), or such other date specified by the Farm Cremt
Administration imder subparagraph (C), issue, notwith¬
standing any other provision of law, an order requiring
the Federal Intermediate Credit Bank of Jackson to merge
with the Farm Credit Bank of Texas in accordance with
paragraph (2).
*■(2) Arbitrated merger.—
“(A) In general. — ^Not later than 30 days after the
issuance of an order by the Farm Credit Administration
under paragraph (IXD), an arbitrator (or panel of arbitra¬
tors) shall be named by the American Arbitration Associa¬
tion in accordance with the Commercial Arbitration Rules
of the American Arbitration Association to serve as the
arbitrator referred to in Idiis paragraph.
“(B) Duties. — ^The arbitrator sh^ determine the terms
and conditions of the merger required under an order
issued under paragraph (1)(D), such that the terms and
conditions are fair and equitable to the two banks, their
affiliated associations, the stockholders and borrowers of
the associations, and the other institutions of the Farm
Credit System, and are designed to prote^ or enhance
the safety and soundness of the Farm Credit System. The
106 STAT. 4120
PUBLIC LAW 102-552— OCT. 28, 1992
arbitrator shall have the authority to hire staff and sec
the services of consultants as necessary to discharge
duties of the arbitrator under this paragraph.
“(C) Expenses. — Notwithstanding any other provig
of law, the compensation and expenses of the arbitra
the fees and expenses of the American Arbitral
Association, and any expenses associated with
referendum required under subparagraph (F) shall be p
from the Farm Credit Assistance Fund established un
section 6,25 of the Farm Credit Act of 1971 (12 U.S
2278b-5).
“(D) Development of merger plans.—
“(i) In general.— Not later than 100 days a
the issuance of an order by the Farm Credit Admi:
tration under paragraph (1)(D), the arbitrator si
develop and submit for certification to the Farm Cr<
Administration a plan specifying the terms and coi
tions of the merger of the two banks required
this paragraph, such that the terms and conditi
are fair and equitable to the two banks, their aflilia
associations, tne stockholders or farmer-borrower*
the associations, and the other institutions of the F*
(jredit System, and are desijpfned to protect or enha
the safety and soundness of the Farm Credit Syst
In devising the plan, the arbitrator shall, to the ext
practicable, achieve the following objectives:
“(I) Implementation of the prefereri
expressed by the affected and interested par
in submissions under clause (ii).
“(II) Valuation of assets fairly, equitably, i
consistent^ for all parties involved.
“(Ill) Establishment of capitalization and fu
ing terms in a manner that treats farmer-borr
ers and stockholders in the two involved f*
credit districts equitably and takes account of r
“(IV) Ensure the viability of the result
Farm Credit Bank and associations of the hi
and the abilitv of the resulting bank and asso
tions of the bank to lend to eligible borro^^
at reasonable and competitive rates of inter
“(ii) Submission of views and information.—
arbitrator shall receive from affected and intereg
parties written submissions, in accordance with
and reasonable procediires established by the arbi
tor, regarding the terms and conditions of an ap]
priate plan for the merger of the two banks requi
under ^is paragraph. The Federal Intermediate Cn
Bank of Jackson, the Farm Credit Bank of Te:
and their affiliated associations shall make avail*
all books, records, financial information, and ot
material that the arbitrator determines is necess
to the development of the plan or the fulfillmen
any other requirement under this paragraph. A c
of any submission or information provided to
arbitrator by any party under this parc^aph si
be furnished to the Federal Intermediate Cremt B,
of Jackson or the Farm Credit Bank of Texas on
PUBLIC LAW 102-552— OCT. 28, 1992
106 STAT. 4121
written request of the bank and at the bank’s expense.
The arbitrator shall provide both banks with a reason¬
able opportunity to review and respond to any submis¬
sion or information provided by any party.
“(iii) Content of plan; farm credit bank.— The
plan developed and submitted imder clause (i) shall
include provisions regarding the following matters:
“(I) The initial composition, following the
merger, of the board of directors of the resulting
Farm Credit Bank (which shall be subject to
change thereafter in accordance with the Farm
Credit Act of 1971 (12 U.S.C. 2001 et seq.) and
any applicable regulations).
“(Il) The valuation, for purposes of the merger,
of the assets and liabilities of the merging banks.
“(Ill) The terms and conditions on which the
shares of capital stock of the Federal Intermediate
Credit Bank of Jackson and, if necessary, the Farm
Credit Bank of Texas, will be converted into shares
of the resulting Farm Credit Bank.
“(IV) The capital structure and capitalization
levels of the resulting Farm Credit Bank and the
aftiliated associations of the Farm Credit Bank
in the States of Alabama, Louisiana, and Mis¬
sissippi as the arbitrator determines necessary to
carry out the purposes of this para^aph (which
shall be subject to change thereafter in accordance
with the Farm Credit Act of 1971 (12 U.S.C. 2001
et seq.) and any applicable regulations).
“(V) The terms of financing agreements
between any production credit associations or a^-
cultural credit associations described in clause (iv),
and the resulting Farm Credit Bank (which shall
be subject to change thereafter in accordance with
the Farm Credit Act of 1971 (12 U.S.C. 2001 et
seq.) and any applicable regulations).
“(VI) Any other terms and conditions or other
matters that the arbitrator considers necessaiy.
“(iv) Content of plan; agricultural credit
associations. — If the arbitrator determines that the
chartering of agricultural credit associations in the
States of Alabama, Louisiana, and Mississippi will be
in the best interests of the farmers, ranchers, and
aquatic producers eligible to borrow from Farm Credit
System associations, the plan required under this
subparagraph shall also include, based on submissions
from the Federal Intermediate (Credit Bank of Jackson
and the Farm Credit Bank of Texas, provisions for
the establishment of agricultural credit associations
to operate in the States, subject to approval in the
referendum under subparagraph (F). Such provisions
shall include provisions regarding the following mat¬
ters:
“(I) A proposal for the establishment of an
agricultural credit association in each of the
geographic areas specified in subparagraph (FXiii)
(the charters of which, if valialy issued under
106 STAT. 4122
PUBLIC LAW 102-552— OCT. 28, 1992
subparagraph (GXi) pursuant to approval in the
referendum under subparagraph (F), shall be sidt>-
ject to change thereafter in accordance with the
Farm Credit Act of 1971 (12 U.S.C. 2001 et seq.)
and any ajralicable regulations).
“(11) liie initial composition, if the proposal
for the establishment of agricultural credit associa¬
tions is approved, of the board of directors of eadi
such a^c^tural credit association (which shall
be subject to change theresdter in accordance with
the Farm Credit Act of 1971 (12 U.S.C. 2001 et
seq.) and any applicable regulations).
“(Ill) The valuation, for purposes of the pro¬
posed merger of the production credit association
and the Federal land bank association in each
of the geographic areas specified in subpara¬
graph (FXiii), of the assets and liabilities of the
associations.
“(IV) The terms and conditions on which the
shares of capital stock of any associations that
may merge under the plan to form agricultural
credit associations will be converted into shares
of the resulting agricultural credit associations.
“(V) The capital structure and capitalization
levels of the resulting Farm Credit Bank and such
affiliated associations of the Farm Credit Bank
in the States of Alabama, Louisiana, and Mis¬
sissippi as the arbitrator determines necessaiy to
caipr out the purposes of this paragraph (which
capital structure and capitalization levels shall be
subject to change thereafter in accordance with
the Farm Credit Act of 1971 (12 U.S.C. 2001 et
seq.) and any applicable regulations).
“(VI) TTie terms of financing agreements
between any agricultural credit associations and
the resulting Farm Credit Bank (which shall be
subject to change thereafter in accordance with
the Farm Credit Act of 1971 (12 U.S.C. 2001 et
seq.) and any applicable regulations).
“(VII) Any other terms and conditions or other
matters that the arbitrator considers necessary,
“(v) Consultation with insurance corpora¬
tion. — ^The arbitrator shall consult with the Farm
Credit System Instance Corporation regarding the
valuation of the assets and liabilities imder the plan
of merger, the capitalization of the Farm Credit System
institutions resulting under the plan, and an^ other
matters relevant to the assistance to be provided by
the Insurance Corporation to facilitate the merger
under subparagraph (H).
“(E) Certification of plan.— Not later than 30 days
after the receipt of the plan developed by the arbitrator,
the Farm Credit Administration shall—
“(i) certify; or
“(ii) recommend to the arbitrator revisions to the
plan that, if incorporated into the plan, will allow
the Farm Credit Adnunistration to certify.
PUBLIC LAW 102-552— OCT. 28, 1992
106 STAT. 4123
that the resulting bank and any resulting associations are
proposed to be organized in such a fashion that they will,
on implementation of the plan, operate in compliance with
applicable laws and regulations. The arbitrator and the
Farm Credit Administration shall work cooperatively to
ensure the expeditious issuance of the certification. If the
Farm Credit Administration recommends to the arbitrator
revisions to the plan that, if incorporated into the plan,
will allow the Farm Credit Administration to certify the
plan, the arbitrator shall, not later than 15 days after
receipt of the recommended revisions, incorporate the revi¬
sions into the plan as the arbitrator deems appropriate
to secure the certification.
“(F) Referendum on association structure.—
“(i) In general. — ^Not later than 170 days after
the issuance of an order by the Farm Credit Adminis¬
tration under paragraph (IXD), the American Arbitra¬
tion Association shall conduct, and compile and forward
to the Farm Credit Administration the results of, a
vote of current farmer-borrowers of the production
credit associations and the Federal land bank associa¬
tions in the States of Alabama, Louisiana, and Mis¬
sissippi, in accordance with the Election Rules of the
American Arbitration Association, to determine
whether the farmer-borrowers of each association in
the geographic areas described in clause (iii) prefer
to have credit delivered —
“(I) in the case of production credit association
farmer-borrowers, through a production credit
association or through an agricultural credit
association as proposed in the plan; and
“(II) in the case of Federal land bank associa¬
tion farmer-borrowers, through a Federal land
bank association or through an agricultural credit
association as proposed in the plan.
Each farmer-borrower shall be entitled to one vote.
The arbitrator shall establish record dates and other
procedures for conducting the referendum. The Federal
Intermediate Credit Bar^ of Jackson, the Farm Credit
Bank of Texas, and their affiliated associations shall
cooperate in the conduct of the referendum, as deter¬
mined necessary by the Arbitrator.
“(ii) Disclosure. — The arbitrator .shall send to
farmer-borrowers eligible to vote imder this subpara¬
graph, with their ballot, a statement describing the
potential consequences to the femner-borrowers, and
to the associations from which they borrow, of voting
to charter an agricultural credit association and setting
forth factors that farmer-borrowers should consider rel¬
evant to the choice between credit delivery through
the current association structure and the chartering
of an agricultural credit association. The arbitrator
shall develop the disclosure materials in cooperation
with the Farm Credit Administration and ensure that
the materials are not inconsistent with applicable laws
106 STAT. 4124
PUBLIC LAW 102-552— OCT. 28, 1992
Public
information.
“(iii) Tabulation of results.— The results of the
vote under this subparagraph shall be compiled
separately for production credit association farmer-
borrowers and Federal land bank association farmer-
borrowers in each of the following seven geographic
areas:
*^(I) The area served by the Federal Land Bank
Association of South Mississippi.
“(ID The area served by the Federal Land
Bank Association of North Mississippi.
“(Ill) The area served by the Federal Land
Bank Association of South Alabama.
“(IV) The area served by the Federal Land
Bank Association of North Alabama.
“(V) The area served by the Federal Land
Bank Association of South Louisiana.
“(VI) The area served by both the Federal
Land Bank Association of North Louisiana and
the First South Production Credit Association.
“(VII) The area served by both the Federal
Land Bank Association of North Louisiana and
the Northwest Louisiana Production Credit
Association.
“(iv) PUBUCATION OF RESULTS.— The results of the
vote under this subparagraph, as tabulated by the
American Arbitration Association, shall be made
promptly available to the public in a manner deter¬
mined appropriate by the Farm Credit Administration.
“(G) Implementation.— Not later than 10 days after
the date of the receipt of the results of the referendum
conducted wder subparagraph (F), the Farm Credit
Administration shall issue such charters or charter amend¬
ments and take such other regulatory actions as may be
necessaiy to implement the merger or mergers as provided
for under the certified plan. In tms regard, the Farm Credit
Administration shall —
“(i) issue a charter or charter amendment and
take any such other re^atory actions as may be nec¬
essary to provide for the establishment of an agricul¬
tural credit association in each of the geographic areas
described in subparagraph (F)(iii) where a majority
of the farmer-borrowers of both the production credit
association and the Federal land bank association
voted under subparagraph (FXi) that they preferred
to have credit delivered through an agricultural credit
association (which charter shall be subject to change
thereafter in accordance with the Farm Credit Act
of 1971 (12 U.S.C. 2001 et seq.) and any applicable
regulations); and
“(ii) not issue a charter or charter amendment
or take any such other regulatory action to provide
for the establishment of an agricultural credit associa¬
tion in any of the geographic areas described in
subparagraph (FXiii) where less than a majority of
the farmer-borrowers of the production credit associa¬
tion or the Federal land bank association voted in
the referendiun under subparagraph (FXi) that they
PUBLIC LAW 102-552— OCT. 28, 1992
106 STAT. 4125
preferred to have credit delivered through an
agricultural credit association (provided that the char¬
ter of any remaining association in such geographic
area shall be subject to change thereafter in accordance
with the Farm Credit Act of 1971 (12 U.S.C. 2001
et seq.) and any applicable regulations).
“(H) Facilitation.—
“(i) In general. — Beginning on the date of the
issuance of an order ^ the Farm Credit Administration
imdei^aragraph (IXD), the Farm Credit System Insur¬
ance (Jorporation shall expend amounts from the Farm
Credit Insurance Fimd to the extent necessary to facili¬
tate the merger prescribed in the plan.
“(ii) Maintenance of book value.— Assistance
provided by the Corporation under this subparagraph
shall be in amounts not to exceed that required to
maintain book value per share of stockholders’ eauity
at the same value reflected on the most recent audited
financial statements of the Federal Intermediate Credit
Bank of Jackson and the Farm Credit Bank of Texas
prior to or effective with the date of the merger.
“(iii) Other assistance.— Until the expiration of
5 years from the effective date of a merger authorized
by this subsection, or the final resolution of any litiga¬
tion against the Federal Intermediate Credit Bank of
Jackson or any of its stockholders pending on the date
of the enactment of this subsection, whichever is later,
the Corporation shall guarantee prompt payment of
any loss experienced by the merged bank, which loss
is caused by the failure of any association-stockholder
of the merged bank that was a stockholder of the
Federal Intermediate Credit Bank of Jackson imme¬
diately prior to the merger, or any successor to the
association, to pay when due any obligation of principal
or interest owed by the association or its successor
to the resulting bank.
“(iv) Terms and conditions.— Assistance provided
by the Corporation imder this subparagraph shall be
on such terms and conditions as the Corporation deems
appropriate to facilitate the merger.
“(I) Safety and soundness.—
“(i) In general. — ^Except as provided in clause
(ii), if at any time prior to the completion of the merger
required under this subsection the Farm Credit
Administration determines that the Federal Intermedi¬
ate Credit Bank of Jackson is being operated in an
imsafe or imsoimd manner (as determined in accord¬
ance with the Farm Credit Act of 1971 (12 U.S.C.
2001 et seq.)), the Farm Credit Administration, after
consultation with the respective boards of directors
of the affected banks and taking into consideration
the purposes of this subsection, may require the Fed¬
eral Intermediate Credit Bank of Jackson to merge
with a Farm Credit Bank, subject to such terms and
conditions as the Farm Credit Administration may pre¬
scribe. The Farm Credit System Insurance Corporation
shall expend amounts in the Farm Credit Insurance
106 STAT. 4126
PUBLIC LAW 102-552-OCT. 28, 1992
Fund to the extent necessary to facilitate the merger
prescribed under this subparagraph, including ttie
provision of assistance as provided in section
6.61(aX2XAXiii) of the Farm Credit Act of 1971 (12
U.S.C. 2277a-10(aX2XAXiii)), on such terms and condi¬
tions as the Corporation deems appropriate.
“(ii) Arbitrated merger. — ^If at any time after
the Farm Credit Administration issues an order under
paragraph (IXD), but prior to the completion of the
merger required under this subsection, the Farm
Cremt Admhiistration determines that the Federal
Intermediate Credit Bank of Jackson is being operated
in an unsafe or imsound manner (as determined in
accordance with the Farm Credit Act of 1971 (12 U.S.C.
2001 et seq.)), the Farm Credit Administration shall,
after consiutation with the boards of directors of the
Federal Intermediate Credit Bank of Jackson and the
Farm Credit Bank of Texas, take such action as it
deems necessary pursuant to the authorities provided
under the Farm Credit Act of 1971 (12 U.S.C. 2001
et seq.) to return the operation of the Federal Inter¬
mediate Credit Bank of Jackson to a safe and sound
condition, pending the completion of the merger under
paragraph (2).
“(J) Merger plan for agricultural credit associa¬
tions. — ^In any of the States of Alabama, Louisiana, or
Mississippi where all of the associations are chartered as
agricultural credit associations, the boards of directors of
each such association in each State are encouraged to sub¬
mit to the farmer-borrowers of each such association for
their approval a plan for merging the associations into
one statewide agricultural credit association, in accordance
with the applicable provisions of the Farm Credit Act of
1971 (12 U.S.C. 2001 et seq.).
“(K) Definitions. — As used in this paragraph:
“(i) Agricultural credit association.— The term
‘agricultural credit association’ means an association
having the same authorities, attributes, and obligations
as, and for all purposes an amcultural credit associa¬
tion resulting from the imiuementation of the plan
imder this paragraph shall be deemed to be, an associa¬
tion resulting from the merger of a production credit
association and a Federal land bank association under
section 7.8 of the Farm Credit Act of 1971 (12 U.S.C.
2279C-1).
“(ii) Farmer-borrower.— The term ‘farmer-bor-
rowei^ means a borrower from a Farm Credit System
ass(^iation in the State of Alabama, Louisiana, or Mis¬
sissippi who holds voting stock, or is eligible to hold
voting stock, in the association or a stockholder in
any such association.
“(3) Review.—
“(A) In general. — Actions and determinations of the
arbitrator, the Fsum Credit Administration, or the Farm
Cre^t System Insurance Corporation pursuant to this sub¬
section shall not be subject to judicial review except as
provided in this paragraph, nor shall they be subject to
me requiremenis oi suDcnapier ii oi cnapmr o or cnapmr
7 of title 5, United States Code.
“(B) Agency determinations.—
“(i) In general. — ^Any petition for review of a
determination or other action of the Farm Credit
Administration or the Farm Credit System Insurance
Corporation under this subsection shall be filed in
the United States Court of Appeals for the District
of Columbia Circuit not later than 10 days after the
determination, or the petition shall be barred. The
court shall have exclusive jurisdiction to determine
the proceeding in accordance with standard procedures
as supplemented by procedures hereinafter provided
and no other district court or court of appeals of the
United States shall have jurisdiction over any such
challenge in any proceeding instituted prior to, on,
or after the date of enactment of this subsection. The
review of any determination or action of the Farm
Credit Administration or the Farm Credit System
Insurance Corporation under this subsection shall be
based on the examination of all of the information
before the Farm Credit Administration or the Farm
Credit System Insurance Corporation, as the case may
be, at the time the determination was made. The court
reviewing the determination or action shall not enter
a stay or order of mandamus unless the court has
determined, after notice and a hearing before a panel
of the court, that the agency action complained of
was arbitrary, capricious, an abuse of discretion, or
otherwise not in accordance with law.
“(ii) Procedures. — ^Notwithstanding any other
provision of law, the court may set rules governing
the procedures of any such proceeding that set page
limits on briefs and time limits for filing briefs and
motions and other actions that are shorter than the
limits specified in the Federal Rules of Civil or Appel¬
late Procedure.
“(iii) Expedited review. — ^Any such proceeding
before the court shall be assigned for hearing and
completed at the earliest possible date, and shall be
expedited in every way. The court shall render its
final decision relative to any challenge not later than
50 days from the date the challenge is brought
unless the court determines that a longer period of
time is required to satisfy the requirements of the
Constitution.
“(C) Arbitrator determinations.—
“(i) In general. — Except as otherwise provided
in this paragraph, any petition for review of a deter¬
mination or other action of the arbitrator named under
paragraph (2) shall be filed in accordance with the
United States Arbitration Act (9 U.S.C. 1 et seq.).
Such Act shall apply to the arbitration conducted
pursuant to para^aph (2) to the same extent as if
the arbitration were established in a contract evidenc¬
ing a transaction in commerce between the Federal
STAT. 4128
PUBLIC LAW 102-552— OCT. 28, 1992
Intermediate Credit Bank of Jackaon and the Farm
Credit Bank of Texas.
“(ii) Procedures. — Notwithstanding the United
States Arbitration Act (9 U.S.C. 1 et seq.), any petition
for review of a determination or other action of the
arbitrator under this subsection shall be filed not later
than 10 days aifter the determination, or the petition
shall be barred. The court specified under such Act
shall have exclusive jurisdiction to determine the
proceeding in accordance with the applicable proce¬
dures under such Act, as supplemented by procedures
hereinafter provided, and no other district court shall
have jurisdiction over any such challenge in an^^ such
f>roceeding. Notwithstanding any other provision of
aw, the court may set rules governing the procedures
of any such proceeding that set page limits on briefs
and time limits for filing briefs and motions and other
actions that are shorter than the limits specified in
the United States Arbitration Act or the Federal Rules
of Civil or Appellate Procedure.
“(iii) Expedited review.— Any such proceeding
before the court shall be assigned for hearing and
completed at the earliest j^ssible date, and shall be
expedited in every way. Ihe court shall render its
final decision relative to any challenge as soon as pos¬
sible in accordance with the United States Arbitration
Act (9 U.S.C. 1 et seq.), or not later than 30 da^^s
from the date the challenge is brought, whichever is
sooner, unless the court determines that a longer
period of time is required to satisfy the requirements
of the Constitution.”.
use 2011 (b) Long-term Lending Authority of the Farm Credit Bank
® of Texas with Respect to the States of Alabama, Louisiana,
AND Mississippi.—
(1) In general. — ^Notwithstanding any other provision of
law, the Farm Credit Bank of Texas may act in accordance
with the exclusive charter of the bank, as amended by the
Farm Credit Administration on February 7, 1989, and effective
February 9, 1989 (except to the extent that the charter may
be further amended by the Farm Credit Administration in
accordance with its general authorities under the Farm Credit
Act of 1971 (12 U.S.C. 2001 et seq.), subject to such limitations
on the issuance of competitive cWrters as may be provided
in section 5.17 of such Act (12 U.S.C. 2252)).
(2) Effective date. — ^Paragraph (1) shall take effect as
if such paragraph had become law on February 7, 1989.
(c) Denial of Competitive Charters.— Section 5.17(aX2) (12
U.S.C. 2252(aX2)) is amended —
(1) by inserting “(A)” after “(2)”; and
(2) by adding at the end the following new subpara^aphs:
“(B) The Farm Credit Administration shall not issue a
cha^r to, or approve an amendment to the charter of, any
institution of the Farm Credit System to operate under title
I or n that would authorize the institution to exercise lending
authority, whether directly or indirectly as an agent of a Farm
Credit Bank, in a territory in which the cha^r of another
such institution authorizes the other institution to exercise
PUBLIC LAW 102-552— OCT. 28, 1992
106 STAT. 4129
like authority, whether directly or indirectly as an agent of
a Farm Credit Bank, except with the approval of—
"(i) in a case affecting only the charter of one or more
associations —
''(I) a m^'ority of the shareholders (present and
voting or voting by proxy) of each of the associations
that would have like lending authority (whether
directly or indirectly as an agent of a fWm Credit
Bank) in any of that territory if the charter action
were taken; and
"(II) a mtgority of the board of directors of the
Farm Credit Bank with which the affected associations
are affiliated; or
"(ii) in a case affecting the charter of one or more
banki^
"(I) a m£gority of the shareholders (present and
voting or voting by proxy) of the affiliated associations
of each of ^e bar^ ^at would have like lending
authority in any of that territory if the charter action
were taken;
"(II) a mfigority of the shareholders (present and
voting or voting by proxy) of each of the banks that
would have like lendmg authority in any of that terri¬
tory if the charter action were taken; and
“(III) a msgority vote of the boards of directors
of each of the banks that would have like lending
authority in any of that territory if the charter action
were taken.
"(C) Subparagraph (B) shall apply only in those geographic
areas where, due to the failure of a Federal intermediate credit
bank to merge in accordance with section 41(Ka) of the Agricul¬
tural Credit Act of 1987 (12 U.S.C. 2011 note), the Federal
intermediate credit bank or its successor is chartered to provide
short- and intermediate-term credit, and a neighboring Farm
Credit Bank that is not the successor to the Federal intermedi¬
ate credit bank is chartered to provide long-term credit, in
the same geographic territory.”.
TITLE V—MISCELLANEOUS
C. 501. VALUATION RESERVES OF PRODUCTION CREDIT ASSOCIA¬
TIONS.
Subsection (b) of section 2.3 (12 U.S.C. 2074(b)) is amended
read as follows:
"(b) Application of Earnings. — At the end of each fiscal year,
ch production credit association shall apply the amount of the
mings of the association for the fiscal year in excess of the
rating expenses of the association (including provision for valu-
ion reserves against loan assets in accordance with generally
cepted accoimting principles) —
"(1) first, to the restoration of the impairment (if any)
of capital; and
"(2) second, to the establishment and maintenance of the
surplus accounts, the minimum aggregate amoimt of which
shall be prescribed by the Farm Credit Bank.”.
106 STAT. 4130
PUBLIC LAW 102-552— OCT. 28, 1992
SEC. 602. RISK MANAGEMENT PARTICIPATION AUTHORTIY.
Section 3.1(11) (12 U.S.C. 2122(11)) is amended—
(1) by inserting “(A)” after “(11)”; and
(2) by adding at the end the following new subparagraph:
“(BXi) Ps^icipate in any loan of a t3rpe otherwise authorized
under tMs title that is made to a similar entity by any institution
in the business of extending credit, including purchases of participa¬
tions in loans to finance international trade transactions involvmg
the sale of agricultural commodities or the products thereof, except
that —
“(I) a bank for cooperatives may not participate in a loan —
“(aa) if the participation would cause the total amount
of all loan participations by the bank under this subpara¬
graph invomng a single credit risk to exceed 10 percent
of the bank’s total capital; or
“(bb) if the participation b^ the bank will itself eouad
or exceed 50 percent of the principal of the loan or, wnen
taken together with participations in the loan by the other
banks for cooperatives under this subparagraph, will cause
the cumulative amoimt of the participations by all banks
for cooperatives in the loan to equal or exceed 50 percent
of the principal of the loan;
“(II) a bank for cooperatives may not participate in a loan
to a similar entity imder this subpara^aph if the similar
entity has a loan or loan commitment outstanding with a Farm
Credit Bank or an association chartered under this Act, unless
agreed to bv the Bank or association* and
“(III) the cumulative amoimt of participations that a bank
for cooperatives may have outstanding under this subparagraph
at any time may not exceed 15 percent of the bank’s total
assets.
“(ii) As used in this subparagraph, the term ^similar entity^
means an entity that, while not eligible for a loan under section
3.8, is functionally similar to an entity eligible for a loan under
section 3.8 in that it derives a majority of its income from, or
has a mmority of its assets invested in, the conduct of activities
functionally similar to those conducted by the entity.
“(iii) With respect to similar entities that are elimble to borrow
from a Farm Cre^t Bank or association under title I or II, the
authority of a bank for cooperatives to participate in loans to
the entities under this subparagraph shall be subject to the prior
approval of the Farm Credit Bank or Banks in whose chartered
territoiv the entity is eligible to borrow. The approval may be
granted on an annual basis and imder such terms and conditions
as may be agreed on between the bmik for cooperatives and the
Farm Credit Bank or Banks that serve the territory.”.
SEC. 603. EQUmr VOTING FOR ONE DIRECTOR OF EACH BANK FOR
COOPERATIVEa
Section 3.2(a) of the Farm Credit Act of 1971 (12 U.S.C. 2123(a))
is amended —
(1) by inserting “(1)” after “(a)”; and
(2) by addins at the end the following new paragraph:
“(2XA) If approved by the stockholders through a bvlaw amend¬
ment, the nomination and election of one member from a bank
for cooperatives (other than the National Bank for Cooperatives)
shall be carried out with each voting stockholder of a bank for
ooperatives having one vote, plus a number of votes (or fractional
art thereof) equal to —
*‘ii) the number of stockholders eligible to vote; multiplied
by
“(ii) the percentage (or fractional part thereof) of the total
equity interest (including allocated, but not unallocated, surplus
and reserves) in the bank of all stockholders held by the individ¬
ual voting stockholder at the close of the immediately preceding
fiscal year of the bank.
‘XB) The total number of votes imder this paragraph shall
e the number of voting stockholders of a bank for cooperatives
lultiplied by two,”.
BC. 604. TECHNICAL AMENDMENT.
The first sentence of section 3.7(a) (12 U.S.C. 2128(a)) is amend-
d by inserting “at any time (whether or not they have a loan
nm the bank outstanding)” after “technical and financial assist-
nee .
BC. 605. EXPANSION OF WATER AND SEWER LENDING AUTHORITY
OF BANKS FOR COOPERATIVES.
Section 3.7(f) (12 U.S.C. 2128(f)) is amended —
(1) by striking “the installation, expansion, or improvement
or and inserting “installing, maintaining, expanding, improv¬
ing, or operating”; and
(2) by striking “to extend” and inserting “extending”.
BC. 606. ELIGIBIUTY TO BORROW FROM A BANK FOR COOPERA¬
TIVES.
Section 3.8(bXl) (12 U.S.C. 2129(b)(1)) is amended by adding
t the end the following new subparagraph:
“(E) Any creditworthy private entity that satisfies the
requirements for a service cooperative under paragraphs (1),
(2), and (4) of subsection (a) and subsidiaries of the entity,
if the entity is orgemized to benefit agriculture in furtherance
of the welfare of its farmer-members and is operated on a
not-for-profit basis.”.
BC. 607. NON-VOTING REPRESENTATIVE ON BOARD OF FUNDING
CORPORATION.
Paragraph (2) of section 4.9(d) (12 U.S.C. 2160(dX2)) is amended
> read as follows:
“(2) Non-voting representatives.—
“(A) Assistance board. — ^During the period in which
the Assistance Board is in existence, the board of directors
of the Assistance Board shall desig^iate one of its directors
to serve as a non-voting representative to the board of
directors of the Corporation.
“(B) Meetings. — ^The person designated by the Assist¬
ance Board imder subparagraph (A) may attend and
participate in all deliberations of the board of directors
of the Corooration.
“(C) Termination of assistance board.— After termi¬
nation of the Assistance Board, neither the Assistance
Board nor its successor, the Farm Credit System Insurance
Corporation, shall have any representation on the board
of directors of the Corporation.”.
TAIN INSTRUMENTS OF INDEBTEDNESS.
Section 4.16 (12 U.S.C. 2204) is repealed.
SEC. S09. COMPENSATION OF BANK DIRECTORS.
Section 4.21 (12 U.S.C. 2209) is amended to read as follows:
*nSEC. 4.21. COMPENSATION OF BANK DIRECTOBS.
“(a) In General.— The Farm Credit Administration shall mon¬
itor the compensation of members of the board of directors of
a System bank received as compensation for serving as a director
of we bank to ensure that the amount of the compensation does
not exceed a level of $20,000 per year, as adjusted to reflect changes
in the Consumer Price Index for all urban consumers published
by the Bureau of Labor Statistics, unless the Farm Credit Adminis¬
tration determines Aat such level adversely affects the safety and
soundness of the bank.
“(b) Waiver.— The Farm Credit Administration may waive the
limitation prescribed in subsection (a) under exceptional cir¬
cumstances, as determined in accordance with regulations promul¬
gated by the Farm Credit Administration.”.
SEC. SIO. CLARIFICATION OF TREATMENT OF FARM CREDIT ADMINIS¬
TRATION OPERATING EXPENSES.
Section 5.15(bXl) (12 U.S.C. 2250(bXl)) is amended —
(1) by inserting “, for purposes of sequestration,” after
“regard”; etnd
(2) by striking “or any other law”.
SEC. Sll. APPROVAL OF COMPETITIVE CHARTERS.
Section 5.17(a) (12 U.S.C. 2252(a)) is amended by adding at
the end the following new paragraphs:
“(13XA) Subject to subparagraph (B), the Farm Credit
Administration may approve an amendment to the charter
of 8iny institution of the Farm Credit System operating under
title I or II, which would authorize the institution to exercise
lending authority in any territory —
“(i) in the geographic area served by an association
that was reassigned pursuant to section 433 of the Agricul¬
tural Credit Act of 1987 (12 U.S.C. 2071 note) (where
the geographic area was a part of the Eissociation’s territory
as of the date of the reassignment); £ind
“(ii) in which the charter of an institution that is
not seeking the charter amendment authorizes the institu¬
tion to exercise the t3rpe of lending authority that is the
subject of the charter request.
“(B) The Farm Credit Administration may approve a char¬
ter amendment under subparagraph (A) only on the approval
of—
“(i) the respective boards of directors of the associations
that, if the charter request is approved, would exercise
like lending authority in any of the territory that is the
subject of the charter request;
“(ii) a m£gority of the stockholders of each association
described in clause (i) voting, in person or by proxy, at
a duly authorized stockholders’ meeting; and
“(iii) the respective boards of directors of the Farm
Credit Banks that, if the charter request is approved, would
PUBLIC LAW 102-552— OCT. 28, 1992
106 STAT. 4133
exercise, either directly or through associations, like lend¬
ing authority in any of the territory described in subpara¬
graph (A)(i).
“(14)(A) Subject to subparagraph (B), the Farm Credit
Administration may approve a request to charter an association
of the Farm Credit System to operate under title II where
the proposed charter —
“(i) will include any of the geographic area included
in the territory served by an association that was
reassigned pursuant to section 433 of the Agricultural
Credit Act of 1987 (12 U.S.C. 2071 note) (where the
geographic area was a part of the association’s territory
as of the date of the reassignment); and
"(ii) will authorize the association to exercise lending
authority in any territory in the geographic area in which
the charter of an association that is not requesting the
charter authorizes the association to exercise the type of
lending authoriW that is the subject of the charter request.
“(B) The Farm (Jredit Administration may approve a char¬
ter request under subparagraph (A) only on the approval of —
“(i) the respective boards of directors of the associations
that, if the charter request is approved, would exercise
like lending authority in any of the territory that is the
subject of the charter request;
“(ii) a majority vote of the stockholders (if any) of
each association described in clause (i) voting, in person
or by proxy, at a duly authorized stockholder's meeting;
and
“(iii) the respective boards of directors of the Farm
Credit Banks that, if the charter request is approved, would
exercise, either directly or through associations, like lend¬
ing authority in any of the territory described in subpara¬
graph (A)(i).”.
EC. 512. EXAMINATIONS.
The third sentence of section 5.19(a) (12 U.S.C. 2254(a)) is
mended by striking “shall include” and inserting “may include,
’appropriate”.
EC. 513. AUTHORITY TO EXAMINE SYSTEM INSTITUTIONS.
(a) Authority of Farm Credit System Insurance Corpora-
lON.— Section 5.59 (12 U.S.C. 2277a-8) is amended —
(1) in the section heading, by striking “insured SYSTEM
BANKS” and inserting “SYSTEM INSTITUTIONS”; and
(2) by striking subsection (b) and inserting the following
new subsection:
“(b) Examination of System Institutions. —
“(1) Examination authority. —
“(A) In general. — If the Board of Directors considers
it necessary to examine an insured System bank, a produc¬
tion credit association, an association making direct loans
under the authority provided imder section 7.6, or any
System institution in receivership, the Board may, using
Farm Credit Administration examiners, conduct the
examination using reports and other information on the
System institution prepared or held by the Farm Credit
Administration.
106 STAT. 4134
PUBLIC LAW 102-552— OCT. 28, 1992
Confidentiality.
Reports.
“(B) Request for additional examination or other
INFORMATION. — ^If the Board determines that such reports
or information are not adequate to enable the Corporation
to carry out the duties of the Corporation under this sub¬
section, the Board shall request the Farm Credit A^inis-
tration to examine or to obtain other information firom
or about the System institution £uid provide to the Corpora¬
tion the resulting examination report or such other
information.
“(2) Appointment of examiners.— If the Farm Credit
Administration informs the Corporation that the Farm Credit
Administration is unable to comply with a request made under
paragraph (IXB) with respect to a System institution, the Board
may appoint examiners to examine the institution.
“(3) Powers and report. — ^Each examiner appointed under
paragraph (2) shall make such examination of the affairs of
the System institution as the Board may direct, and shall
make a full and detailed report of the examination to the
Corporation.
“(4) Appointment of claim agents.— The Board of Direc¬
tors of the Corporation shall appoint claim agents who may
investigate and examine all claims for insured obligations. .
(b) Duties of the Farm Credit Administration.— Section
5.19 (12 U.S.C. 2254) is amended by adding at the end the following
new subsection:
“(d) On receipt of a request made under section 5.59(bXlXB)
with respect to a System institution, the Farm Credit Administra¬
tion shall —
“(1) furnish for the confidential use of the Farm Credit
System Insurance Corporation reports of examination of the
institution and other reports or information on the institution;
and
‘‘(2)(A) examine, or obtain other information on, the institu¬
tion and furnish for the confidential use of the Farm Credit
System Insurance Corporation the report of the examination
and such other information; or
“(B) if the Farm Credit Administration Board determines
that compliance with the request would substantially impair
the ability of the Farm Credit Administration to car^ out
the other duties and responsibilities of the Farm (Jredit
Administration under this Act, notify the Board of Directors
of the Farm Credit System Insurance Corporation that the
Farm Credit Administration will be unable to comply with
the request.”.
SEC. 514. financial DISCLOSURE AND CONFLICT OF INTEREST
REPORTING BY DIRECTORS, OFFICERS, AND EMPLOYEES
OF FARM CREDIT SYSTEM INSTITUTIONS.
(a) Findings. — Congress finds that —
(1) the disclosiire of the compensation paid to, loans made
to, and transactions made with a Farm Credit System institu¬
tion by, directors and senior officers of the institution provides
the stockholders of the institutions with information necessary
to better manage the institutions, provides the Farm Credit
Administration with information necessary to efficiently and
effectively regulate the institutions, and enhances the financial
PUBLIC LAW 102-552— OCT. 28, 1992
106 STAT. 4135
intemty of the Farm Credit System by making the information
available to potential investors;
(2) the reporting of potential conflicts of interest by direc>
tors, officers, and employees of institutions of the Farm Credit
System benefits the stockholders of the institutions, helps to
ensure the financial viability of the institutions, provides
information valuable to the Farm Credit Administration in
periodic examinations of the institutions, £uid therefore
enhances the safety and soundness of the Farm Credit System;
and
(3) the directors, officers, or employees of some Farm Credit
System institutions may not be subject to the relations of
the Farm Credit Administration requiring the disclosure of
the fin£uicial information and the reporting of the potential
conflicts of interest.
(b) Purpose. — It is the purpose of this section to ensure that
information reported by the directors, officers, and employees
arm Credit System institutions under regulations of the Farm
lit Administration requiring the disclosure of financial informa-
and the reporting of potential conflicts of interest —
(1) provides the stockholders of all Farm Credit System
institutions with information to assist the stockholders in
making informed decisions regarding the operation of the
institutions;
(2) provides investors and potential investors with informa¬
tion necessary to assist them in making investment decisions
regarding Farm Credit System obligations or institutions; and
(3) provides the Farm Credit Administration with informa¬
tion necessary to allow the Farm Credit Administration to
effectively and efficiently examine and regulate all Farm Credit
System institutions and thus enhance the safety and soundness
of the Farm Credit System.
(c) Review. — ^Not later than 120 days after the date of enact-
t of this Act, the Farm Credit Administration shall complete
view of the current regulations of the Farm Credit Administra-
regardin^ the disclosure of financial information and the report-
of potential conflicts of interest by the directors, officers, and
loyees of Farm Credit System institutions. Consistent writh
^^se of this section as provided in subsection (b), the review
ress whether the regulations —
(1) are adequate to fulfill the purpose of this section and
such other purposes as the Farm Credit Administration deter¬
mines to be consistent with the Farm Credit Act of 1971 (12
U.S.C. 2001 et seq.), and other applicable law, and to be other¬
wise necessary or appropriate;
(2) currently require the disclosure of financial information
and the reporting of potential conflicts of interest by the direc¬
tors, officers, ana employees of all Farm Credit System institu¬
tions; and
(3) currently require the disclosure or reporting of the
information by all of the appropriate directors, officers, or
employees of Farm Credit System institutions.
(d) Implementation. — ^Not later them 360 days after the date
nactment of this Act, the Farm Credit Administration shall
nd its current financial disclosure and conflict of interest regula-
B as the Administration determines necessary to carry out the
)o f h ct o nd addr n ficie cie i he eerul -
Regulations.
106 STAT. 4136
PUBLIC LAW 102-552— OCT. 28, 1992
tions that the Farm Credit Administration determines necessary
pursuant to the review conducted under subsection (c).
SEC. 615. ONE-TIME EFAP ASSISTANCE.
(a) Use of Account. — ^The Secretanr of Agricultiu’e shall use
the account in which funds appropriated under section 214 of the
Emergency Food Assistance Act of 1983 (Public Law 98-8; 7 U.S.C.
612c note) are credited or deposited, or einother account established
for the use of the Secretary of A^culture, for the purpose of
purchasing, processing and mstributing additional commo^ties for
the eme^ency food assistance program established imder such
Act (7 U.i^C. 612c note) as required by this section.
(b) Use op Receipts.—
(1) In general. — ^Not later thein 10 days after the date
of enactment of this Act, the Director of the Office of Manage¬
ment and Budget shall —
(A) calculate the estimated present value of the future
receipts available to the Federal Government, under proce¬
dures or definitions established in the Federal Credit
Reform Act of 1990 (2 U.S.C. 661 et seq.), as a result
of enactment of this Act and the amendments made by
this Act; and
(B) advise the Secretary of Amculture, the Committee
on Agriculture of the House of Representatives, and the
Committee on Agriculture, Nutrition, and Forestry of the
Senate of the dollar amount of that value.
(2) Credit. — ^Not later than 20 days after the date of enact¬
ment of this Act, an amount equal to the dollar Eimount oi
that value shall be credited to, or deposited in, the account
referred to in subsection (a) ^ the Secretary of the Treasury.
(c) Required Purchase of Commodities by the Secretary
OF Agriculture.—
(1) In general. — ^The Secretary of A^culture shall —
(A) use all of the funds provided to the Secretar}?
under subsection (a) to purchase, process, and distribute
additional commodities for the emergency food assistance
program; and
(B) allot the additional commodities to States in accord-
£ince with the application of the allocation formula estab¬
lished in section 214(f) of the Emergency Food Assistance
Act of 1983 (Public Law 98-8; 7 U.S.C. 612c note) tc
the total value of the additional commodities.
(2) Types and varieties. — ^The additional commoditieE
shall be of the types and varieties required under section 214(d]
of such Act.
(3) Reallocation. — ^The additional commodities may be
reallocated under procedures established by the Secretary oi
Agriculture in accordance with section 214(g) of such Act.
(d) Entitlement To Receive Commodities.— Each State shall
be entitled to receive during fiscal year 1993 its allotment of the
additional commodities purchased by the Secretary of Agriculture
under this section.
(e) Termination of Authority. — The authority provided tc
carry out this section shall terminate on September 30, 1993.
SEC. 516. TECHNICAL CORRECTIONS.
(a) Correction of Reference to Section 1236 of the Fooe
Security Act of 1985. — ^The matter under the heading “construc-
PUBLIC LAW 102-552— OCT. 28, 1992
106 STAT. 4137
AND ANADROMOUS FlSlT of title I of the Department of the
rior and Related Agencies Appropriations Act, 1991 (Public
101--512; 104 Stat. 1918) is amended by striking **title 16
C. section 3832(aX6)*' and inserting ^‘section 1232(aX6) of the
[ Security Act of 1985 (16 U.S.C. 3832(0X6))^
[b) Section 1245(b) op the Food Security Act op 1985. —
(1) Correction.— Section 1245(b) of the Food Security Act
of 1985 (16 U.S.C. 3845(b)) is amended by striking *‘(A) through
[G)” and inserting “A through G”.
(2) Eppective date. — ^The amendment made by naramph
[1) shall take effect immediately after section 1443 ox the Food,
Agriculture, Conservation, and Trade Act of 1990 (Public Law
101-^24; 104 Stat. 3602) t^k effect.
[c) Section 307(aX6XB) op the Consolidated Farm and
ULi Development Act.——
(1) Correction. — Section 307(aX6XB) of the Consolidated
Farm and Rural Development Act (7 U.S.C. 1927(aX6XB)) is
amended by striking clause (ii), and by redesimating clauses
[iii) through (viii) as clauses (ii) through (vii), respectively.
(2) Eppective date. — ^The amendments made by paragraph
[1) of this subsection shall take effect at the same time as
the amendments made by section 501(a) of the Food, Agri¬
culture, Conservation, and Trade Act Amendments of 1991
[l^blic Law 102-237; 105 Stat. 1865) took effect.
[d) Section 310B(c) of the Consolidated Farm and Rural
ELOPMENT Act. — Section 310B(c) (7 U.S.C. 1932(c)) is amended
triking *l>usiness enterprises,” and inserting ‘business enter-
»s or uie creation, expeinsion, and operation of rural distance
ling networks or rural learning programs that provide edu-
mal instruction or job training instruction related to potential
loyment or job advancement to adult students,”.
[e) Section 310D(a) op the Consoudated Farm and Rural
ELOPMENT Act.—
(1) Correction. — Section 310D(a) of the Consolidated
Farm and Rural Development Act (7 U.S.C. 1934(a)) is amended
by stiiMng “304(4X1)” and inserting “304(aXl)”.
(2) Effective date. — The amendment made by paragraph
(1) of this subsection shall take effect at the same time as
the amendments made by section 501(a) of the Food, Agri¬
culture, Conservation, and Trade Act Amendments of 1991
(Public Law 102-237; 106 Stat. 1866) took effect.
[f) Section 312(a) of the Consolidated Farm and Rural
ELOPMENT Act.—
(1) Replacement op unexecutable amendment made by
the food, agriculture, conservation, and trade act op
1990.—
(A) Correction. — Subsection (b) of section 1818 of the
Food, Agriculture, Conservation, and Trade Act of 1990
(Public Law 101-624; 104 Stat. 3830) is amended to read
as follows:
“(b) Operating Loan Purposes.— The first sentence of section
a) (7 U.S.C. 1942(a)) is amended —
“(1) by striking *and’ at the end of clause (11); and
“(2) by inserting ‘, and (13) borrower training under section
359’ tefore the peri^ at the end.”.
(B) Effective date.— The amendment made by
subparagraph (A) shall take effect as if included in the
16 use 3832.
16 use 3845
note.
7 use 1927
note.
7 use 1934
note.
7 use 1942.
7 use 1942
note.
106 STAT. 4138
PUBLIC LAW 102-552— OCT. 28, 1992
7 use 1942
and note.
7 use 1981e
note.
7 use 1985.
7 use 1985
note.
7 use 2000
note.
Food, Agriculture, Conservation, and Trade Act of 1990
at the time such Act became law.
(2) Repeal of unexecutable amendment made by the
FOOD, AGRICULTUKE, CONSERVATION, AND TRADE ACT AMEND-
MENTS OF 1991. — Subsection (b) of section 501 of the Food,
Agriculture, Conservation, and TVade Act Amendments of 1991
(Public Law 102-237; 105 Stat. 1866) is repealed. The Consoli¬
dated Farm and Rural Development Act (7 U.S.C. 1921 et
seq.) shall be applied and administered as if such subsection
had never become law.
(g) Amendments to Section 33 lE of the Consolidated Farm
AND Rural Development Act.—
(1) Correction. — Section 331E of the Consolidated Farm
and Rural Development Act (7 U.S.C. 1981e) is amended—
(A) in subsection (a), by striking ^^Disaster Relief Act
of 1974” and inserting “^bert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5121 et seq.)”;
and
(B) in subsection (b), by inserting “Robert T. Stafford”
before “Disaster Relief”.
(2) Effective date. — ^The amendments made by paragraph
(1) of this subsection shall take effect immediately after section
501(d) of the Food, Agriculture, Conservation, and Trade Act
Amendments of 1991 (Public Law 102-237; 105 Stat. 1866)
took effect.
(h) Section 335(e)(l)(A)(i) of the Consolidated Farm and
Rural Development Act.—
(1) Corrections to amendment made by the food, agri¬
culture, conservation, and trade act amendments of
1991. — Section 501(fXl) of the Food, Agriculture, Conservation,
and Trade Act Amendments of 1991 (Public Law 102-237;
105 Stat. 1867) is amended —
(A) by inserting “the first place such term appears”
before “and all that follows”; and
(B) by striking “borrower-owner (as defined in subpara¬
graph (F))” and inserting “the borrower-owner (as defined
in subparagraph (F))”.
(2) Effective date. — ^The amendments made by paragraph
(1) of this subsection shall take effect immediately after section
501(f) of the Food, Agriculture, Conservation, and Trade Act
of 1990 took effect.
(i) Section 352(a) of the Consolidated Farm and Rural
Development Act.— Section 352(a) of the Consolidated Farm and
Rural Development Act (7 U.S.C. 2000(a)) is amended by redesigfnat-
ing the second paragraph (4) as paragraph (5).
(j) Section 352(b)(2) of the Consolidated Farm and Rural
Development Act.—
(1) Correction. — Section 352(b)(2) of the Consolidated
Farm and Rural Development Act (7 U.S.C. 2000(b)(2)) is
amended by striking “borrower’s” and inserting “borrower-
owner’s”.
(2) Effective date. — ^The amendment made by paragraph
(1) of this subsection shall take effect at the same time as
the amendments made by section 501(f) of the Food, Agri¬
culture, Conservation, and Trade Act Ajnendments of 1991
(PubHc Law 102-237; 105 Stat. 1867) took effect.
PUBLIC LAW 102-552— OCT. 28, 1992
106 STAT. 4139
[k) Section 702(hX2) of the Food, Agriculture, Conserva-
, AND Trade Act Amendments op 1991.— Section 702(hX2)
e Food, Agriculture, Conservation, and Trade Act Amendments
•91 (Public Law 102-237; 105 Stat. 1881) is amended by insert-
section” before ‘‘2388(hX3)”.
;i) Section 306C(bXl) of the Consolidated Farm and Rural
slopment Act.— Section 306C(bXl) of the Consolidated Farm
Rural Development Act (7 U.S.C. 1926c(bXl)) is amended bv
ing ‘^or connecting such systems to the residences of such
iduals” £uid inserting connecting the systems to the resi-
es of the individuals, or installing plumbing and fixtures within
lesidences of the individuals to facilitate me use of the water
ly and waste disposal systems”.
m) Section 306C of the Consolidated Farm and Rural
slopment Act, — Section 306C of the Consolidated Farm and
1 Development Act (7 U.S.C. 1926c) is amended by adding
e end the following new subsection:
(f) Regulations. — ^Not later them 30 days after the date of
tment of this subsection, the Secretary shall issue interim
regulations, with a request for public comments, implementing
section.”.
proved October 28, 1992.
ISLATIVE history— H.R. 6126:
GRESSIONAL record, Vol. 138 (1992):
Oct. 4, considered and passed House.
Oct. 7, considered and passed Senate.
7 use 1991
note.
6 STAT. 4140
PUBLIC LAW 102-553— OCT. 28, 1992
Public Law 102-553
102d Congress
An Act
Oct. 28, 1992
[H.R. 6128]
To omanA the United States Warehouse Act to provide for the use of electronic
cotton warehouse receipts, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. USE OF ELECTRONIC COTTON WAREHOUSE RECEIPTS.
Section 17(c) of the United States Warehouse Act (7 U.S.C.
259(c)) is amend^ —
(1) in paragraph (IXA) —
(A) by striking “The Secretar;^ and inserting “Notwith¬
standing any other provision of Federal or State law, the
Secreta^;
(B) by inserting after “licensed under this Act” the
following: “or in any other warehouse”; and
(C) by striking “under section 18” and inserting “(i)
under section 18 in the case of a warehouse licensed under
this Act or (ii) under any applicable State law in the
case of a warehouse not licensed under this Act”;
(2) m paragraph (2)—
(A) by striking “provision of law — and inserting
“provision of Federw or State law:”;
(B) in subpara^aph (A) —
(i) by striking “the record” and inserting “The
record”;
(ii) by striking “ownership” both places it appears
£ind inserting “j^ssessory”;
(iii) by striking “of this Act” and inserting “of this
Act or State law”; and
(iv) by striking “; and” and inserting a period;
and
(C) by striking subparagraph (B) and inserting the
following new subparagraph:
“(B) Any person desi^ated as a holder of ^ electronic
warehouse receipt authorized under this subsection and sub¬
section (d) shall, for the purpose of perfecting the security
interest of the person under Federal or State law with respect
to the cotton covered by the warehouse receipt, be considered
to be in possession of the warehouse receipt. If more than
one securily interest exist in the cotton reflected on the elec¬
tronic warehouse receipt, the priority of the security interests
shall be determined by the appUcable Federal or State law.
This subsection is applicable to electronic cotton warehouse
receipts £ind any other security interests covering cotton stored
in a cotton warehouse, regardless of whether me warehouse
is licensed under this Act.”; and
(3) in paragraph (3)—
(A) by striking “licensed under this Act” and inserting
“covered under this subsection”; and
PUBLIC LAW 102-553— OCT. 28, 1992
106 STAT. 4141
(B) by striking “owner” and inserting “holder”.
EXPEDITED ACTION ON MARKETING ORDERS.
sction 8c(l) of the Agricultural Adjustment Act (7 U.S.C.
)), reenacted with amendments by the Amcultural Marketing
nent Act of 1937, is amended by adding at the end the
ng new sentences: “In carrying out this section, the Secretary
omplete all informal rulemaking actions necessary to respond
[)mmendations submitted by administrative committees for
)rders as expeditiously as possible, but not more than 45
to the extent practicable) after submission of the committee
nendations. The Secretary shall establish time frames for
>ffice and agency within the Department of Agriculture to
er the committee recommendations.”.
)roved October 28, 1992.
A.TIVE HISTORY-H.R. 6128:
ESSIONAL RECORD, Vol. 138 (1992):
zl. 4, considered and passed House.
:t. 7, considered and passed Senate.
106 STAT. 4142
PUBLIC LAW 102-554— OCT. 28, 1992
Oct. 28, 1992
[H.R. 6129]
Agricultural
Credit
Improvement
Act of 1992.
7 use 1921 note.
Public Law 102-554
102d Congress
An Act
To amend the Consolidated Farm and Rural Development Act to establish a program
to aid begiiming farmers and ranchers and to improve the operation of the
Farmers Home Administration, and to amend the Farm Credit Act of 1971,
and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.— This Act may be cited as the “Agricultural
Credit Improvement Act of 1992”.
(b) Table of Contents.— The table of contents of this Act
is as follows:
Sec. 1. Short tide; table of contents.
Sec. 2. References to the Consolidated Farm and Rural Development Act.
Sec. 3. Limitation on agepregate indebtedness.
Sec. 4. Interest rate forloans sold into secondary market; guaranteed loan fees.
Sec. 5. Federal-State beginning farmer partnership.
Sec. 6. Grants for private business enterprises.
Sec. 7. Down payment loan program.
Sec. 8. Special assistance to certain qualified bemnning farmers and ranchers.
Sec. 9. Graduation of borrowers with operating loans or guarantees to private com¬
mercial credit.
Sec. 10. Consideration of borrowers for loan service progprams.
Sec. 11. Time TOiiod within which county committee is required to meet to consider
applications for farm ownership and operating loans and guarantees and
beginning farmer plans.
Sec. 12. Increase in period diuing which county committee loan eligibility certifi¬
cation continues in effect.
Sec. 13. Processing of applications for farm operating loans.
Sec. 14. Graduation of seasoned direct loan borrowers to the loan guarantee pro¬
gram.
Sec. 15. Simplified application for gutu'tmteed loans of $50,000 or less.
Sec. 16. Inventory lease or lease with option to purchase.
Sec. 17. Transfer of Indian lands pledged as collateral for FmHA loans.
Sec. 18. Debt Mrvice mtur^n requirements; certified lenders program.
Sec. 19. Definition of qualified beginning farmer or rancher.
Sec. 20. Targeting of funds.
Sec. 21. Equal access to FmHA assistance by gender.
Sec. 22. State mediation programs.
Sec. 23. Regulations.
Sec. 24. Tewnical amendment
SEC. 2. REFERENCES TO THE CONSOLIDATED FARM AND RURAL
DEVELOPMENT ACT.
Wherever in this Act an amendment or repeal is expressed
in terms of an amendment to, or repeal of, a section or other
provision, the reference shall be considered to be made to a section
or other provision of the Consolidated Farm and Rural Development
Act (7 U.S.C. 1921 et seq.), except to the extent otherwise specifi¬
cally provided.
SEC. 3. LIMITATION ON AGGREGATE INDEBTEDNESS.
Section 305 (7 U.S.C. 1925) is amended by striking “and 310D
of this title” and inserting “310D, and 310E”.
PUBLIC LAW 1U2-554— UCT.
106 STAT. 4143
. 4. INTEREST RATE FOR LOANS SOLD INTO SECONDARY MARKET;
GUARANTEED LOAN FEES.
Section 309(h) (7 U.S.C. 1929(h)) is amended —
(1) by inserting “(1)” after “(h)”; and
(2) by adding at the end the following new paragraphs:
“(2) The interest rate payable by a borrower on the portion
i guaranteed loan that is sold by a lender to the secondary
'ket under this title may be lower than the interest rate charged
the portion retained by the lender, but shall not exceed the
rage interest rate charged by the lender on loans made to
n and ranch borrowers.
“(3) With regard to any loan guarantee on a loan made by
ommercial or cooperative lender related to a loan made by
Secretary under section 310E —
“(A) the Secretary shall not charge a fee to any person
(including a lender); and
“(B) a lender may charge a loan origination and servicing
fee in an amount not to exceed 1 percent of the amount of
the loan.”.
. 6. FEDERAL-STATE BEGINNING FARMER PARTNERSHIP.
(a) Coordination of Assistance for Qualified Beginning
:MERS AND Ranchers. — Section 309 (7 U.S.C. 1929) is amended
idding at the end the following new subsection:
“(i)(l) Not later than 60 days after any State expresses to
Secretary, in writing, a desire to coordinate the provision of
ncial assistance to qualified beginning farmers and ranchers
;he State, the Secretary and the State shall conclude a joint
norandum of understanding that shall govern the coordination
he provision of the financial assistance by the State and the
retary.
“(2) The memorandum of understanding shall provide that if
bate beginning farmer program makes a commitment to provide
lalified beginning farmer or rancher with financing to establish
aintain a viable farming or ranching operation, the Secretary
11, subject to applicable law, normal loan approval criteria, and
availability of funds provide the farmer or rancher with a
m payment loan under section 310E or a guarantee of the
ncing provided by the State program, or both.
“(3) The Secretary shall not charge any person (including a
ler) any fee with respect to the provision of any guarantee
!er this subsection.
“(4) The Secretary shall notify each State of the provisions
lis subsection.
“(5) As used in paragraph (1), the term ‘State beginning farmer
jram’ means any program that is —
“(A) carried out by, or under contract with, a State; and
“(B) designed to assist persons in obtaining the financial
assistance necessary to enter agriculture and establish viable
farming or ranching operations.”.
(b) Advisory Committee. —
(1) Establishment; purpose.— Not later than 18 months
after the date of enactment of this Act, the Secretary of Agri¬
culture shall establish an advisory committee, to be known
as the “Advisory Committee on Beginning Farmers and Ranch¬
ers”, which shall provide advice to the Secretary on —
Inter¬
governmental
relations.
7 use 1921 note.
106 STAT. 4144
PUBLIC LAW 102-554--OCT. 28, 1992
7 use 1935.
(A) the development of the program of coordinated
assistance to qualified beginning farmers and ranchers
under section 309(i) of the Consolidated Farm and Rural
Development Act (as added by subsection (a) of this sec¬
tion):
(B) methods of maximizing the number of new farming
and ranching opportunities created through the program;
(C) method of encouraging States to participate in
the program;
(D) the administration of the program; and
(E) other methods of creating new farming or ranching
opportunities.
(2) Membership. — ^The Secretary shall appoint the mem¬
bers of the Advisory Committee. The Advisory Committee shall
include representatives from the following:
(A) The Farmers Home Administration.
(B) State bemnnii^ farmer programs (as defined in
section 309(iX5) of the Consolidated Farm and Rural Devel¬
opment Act (as added by subsection (a) of this section)!
(C) Commercial lenders.
(D) Private nonprofit organizations with active begin¬
ning farmer or rancher programs.
(E) TTie Cooperative Extension Service.
(F) Community colleges or other educational institu¬
tions with demonstrated experience in training beginning
farmers or ranchers.
(G) Other entities or persons providing lending or tech¬
nical assistance for qualified beginning farmers or ranchers.
SEC. 6. GRANTS FOR PRIVATE BUSINESS ENTERPRISES.
Section 310B(c) (7 U.S.C. 1932(c)) is amended —
(1) by inserting “(1)” after “(c)”; and
(2) by adding at the end the following new paragraph:
“(2) The Secretary may make grants to qualified nonprofit
organizations for the provision of technical assistance and training
to rural communities for the purpose of improving passenger
transportation services or facilities. Assistance provided under this
paragraph may include on-site technical assistance to local and
regional governments, public transit agencies, and related nonprofit
and for-profit organizations in rural areas, the development of train¬
ing materials, and the provision of necessary training assistance
to local officials and agencies in rural areas.”.
SEC. 7. DOWN PAYMENT LOAN PROGRAM.
(a) In General. — Subtitle A (7 U.S.C. 1922 et seq.) is amended
by adding at the end the following new section:
*SEC. 810E. DOWN PAYMENT LOAN PROGRAM.
“(a) In General.—
“(1) Establishment. — ^Notwithstanding any other section
of this subtitle, the Secretary shall establish, within the farm
ownership loan program established under thus subtitle, a pro¬
gram under which loans E^all be made under this section
to Qualified beginning farmers and ranchers for down payments
on farm ownership loans.
“(2) Administration. — ^The Secretary shall be the primary
coordinator of credit supervision for the down payment loan
program established under this section, in consultation with
PUBLIC LAW 102-554— OCT. 28, 1992
106 STAT. 4145
le commercial or cooperative lender and, if applicable, the
ntracting credit counseling service selected imder section
J0(c).
t>) Loan Terms.—
‘XD Principal.— Each loan made under this section shall
» in an amount equal to 30 percent of the purchase price
appraisal value, whichever is lower, of the farm or ranch
^ acquired, unless the borrower requests a lesser amount.
"(2) Interest rate. — ^The interest rate on any loan made
r the Secretary under this section shall be 4 percent.
**(3) Duration. — ^Each loan under this section shall be made
r a period of 10 years or less, at the option of the borrower.
"(4) Repayment. — ^Each borrower of a loan under this sec-
m shall repay the loan to the Secretary in equal annual
stallments.
“(5) Nature of retained security interest.— The Sec¬
tary shall retain an interest in each farm or ranch acquired
Itb a loan made under this section that shall —
"(A) be secured by the farm or ranch;
"(B) be junior only to such interests in the farm or
ranch as may be conveyed at the time of acquisition to
the person (including a lender) from whom the borrower
obtamed a loan used to acquire the farm or ranch; and
"(C) require the borrower to obtain the permission
of the Secreta^ before the borrower mav grant an addi¬
tional security interest in the farm or ranch.
:) Limitations. —
"(1) Borrowers required to make minimum down pay-
bnt. — ^The Secretary shall not make a loan under this section
any borrower with respect to a farm or ranch if the contribu-
)n of the borrower to the down pa^^ent on the farm or
inch will be less than 10 percent of the purchase price of
le farm or ranch.
"(2) Maximum price op property to be acquired.— The
icreta^ shall not make a loan under this section with respect
a farm or ranch for which the purchase price or appraisal
due, whichever is lower, exceeds $250,000.
"(3) Prohibited types of financing.— The Secretary shall
)t make a loan under this section with respect to a farm
' ranch if the farm or ranch is to be acquired with other
lancmg that contains any of the following conditions:
"(A) The financing is to be amortized over a period
of less than 30 years.
"(B) A balloon payment will be due on the financing
during the 10-year period beginning on the date the loan
is to be made by the Secretary.
d) Administration. — ^In ccurymg out this section, the Sec-
shall, to the maximum extent practicable —
"(1) facilitate the transfer oi farms and ranches from retir-
g farmers and ranchers to persons eligible for insured loans
ider this subtitle;
"(2) make efforts to widely publicize the availability of
ans imder this section among —
"(A) potentially eligime recipients of the loans;
"(B) retiring facers and ranchers; and
"(C) applicants for farm ownership loans under this
subtitle;
Public
information.
106 STAT. 4146
PUBLIC LAW 102-554--OCT. 28, 1992
"(3) encourage retiring farmers and ranchers to assist in
the ^e of their farms and ranches to qualified beginning
farmers and ranchers by providing seller financing; and
"(4) coordinate the loan pro^am established % this section
with Stote programs that provide farm ownership or operating
loans for beginning farmers and ranchers”.
(b) AVAILABILnY OP FARM OWNERSHIP LOANS AND LOAN
Guarantees for Certain Beginning Farmers and Ranchers.—
Subtitle A (7 U.S.C. 1922 et seq.) (as amended by subsection (a)
of this section) is further amended by adding at the end the follow¬
ing new section:
7 use 1936. “SEC. 310F. AVAILABIUIY OF FARM OWNERSHIP LOANS AND LOAN
GUARANTEES FOR CERTAIN QUALIFIEO BEGINNING
FARMERS AND RANCHERS.
“(a) Assistance Prohibi^d for a Limited PERiOD.—Except
as otherwise provided in this section, if the Secretary approves
the application of a qualified beginning farmer or rancher (referred
to in this section as the ‘applicant’) for assistance imder section
318, the Secretary shall not make a loan under this subtitle to
the applicant or provide a guarantee under section 309(h) with
respect to any farm real estate loan made to the applicant.
“(b) Availability of Down Payment Loans.— After the
applicable period, the Secretary may make an insured loan under
tins subtitle, or a down payment loan imder section 310E, to an
applicant if—
“(1) throughout the applicable period, the applicant con¬
ducted an operation for which assistance is provided under
section 318 in accordance with the plan for special assistance;
and
“(2) the applicant is otherwise eligible for the loan.
“(c) Availability of Loan Guarantees.— After the applicable
period, the Secretary may guarantee under section 309(h) the repay¬
ment of a commercial or cooperative loan made to an applicant
referred to in subsection (a) if—
“(1) throughout the applicable period, the applicant con¬
ducted the operation for which assistance is provided under
section 318 in accordance with the plan for special assistance;
and
“(2) the applicant is otherwise eligible for the loan
guarantee.
“(d) Appucable Period Defined.- As used in this section,
the term ‘applicable period’ means the first 5 years for which
an applicant nas operated a farm or ranch, including the period
of time the applicant is provided assistance under section 318.”,
SEC. 8. SPECIAL ASSISTANCE TO CERTAIN QUALIFIED BEGINNING
FARMERS AND RANCHERS.
Subtitle B (7 U.S.C. 1941 et seq.) is amended by adding at
the end the following new section:
7 use 1948. “SEC. 318. SPECIAL ASSISTANCE TO CERTAIN QUALIFIED BEGINNING
FARMERS AND RANCHERS.
“(a) In General. — ^The Secretary shall provide special assist¬
ance in accordance with this section to enable a qualified beginning
farmer or rancher who has not operated a farm or ranch, or who
has operated a farm or ranch for not more l^an 5 years (referred
PUBLIC LAW 102-554— OCT. 28, 1992
106 STAT. 4147
a this section as the ^applicant’), to conduct viable farming
mching operations.
“(b) Submission op Plan op Farm Operation.— An applicant
desires to apply for special assistance under this section shall
nit a plan, in coordination with activities conducted under sec-
3 359, 360, 361, and 362, that—
"(1) describes, for each of the first 5 years for which assist¬
ance under ^s section is sought for the operation —
"(A) how the operation is to be conducted;
"(B) the types and quantities of commodities to be
produced bv the operation;
"(C) the production methods and practices to be
employed by the operation;
"(D) the conservation measures to be taken in the
operation;
"(E) the equipment needed to conduct the oi^ration
(including any expected replacements for the equipment)
and, with respect to each item of needed equipment,
whether the applicant owns, leases, or otherwise has access
to the item, or proposes to purchase, lease, or otherwise
gain access to the item;
"(F) the expected income and expenses of the operation;
"(G) the expected credit needs of the oj^ration, includ-
in|; the types and amounts of assistance to be sought imder
this section; and
"(H) the site or sites at which the operation is (or
is to l^) located; and
"(2) projects the financial status of the operation after
assistance imder this section has been provided for a period
f not more than 10 years, consistent with section 319, as
8 necessary for the operation to become financially viable with¬
out further assistance from the Secretary, including specific
goals that the applicant projects to meet in order to progress
toward graduation as expeditiously as possible.
“(c) Determinations by the County Committee; Approval
’LAN. — ^The county committee shall approve a plan submitted
in applicant in accordance with subsection (b) if the county
nittee determines that —
"(1) the applicant has not operated a farm or ranch, or
has oj^rated a farm or ranch for not more than 5 ;^ears;
"(2) during the 5-year period ending with the submission
f the plan, the applicant has had sufficient education and
xperience to indicate that the applicant is able to conduct
successful farming or ranching operation, as the case may
be;
"(3) the applicant owns, leases, or has a commitment to
have leased to the ajpplicant the site or sites of the operation;
"(4) there is, or will be, available to the applicant equipment
ufficient to conduct the operation in accord^ce with the plan;
"(5) the applicant agr^s to participate in such loan assess¬
ment, borrower training, and financial management programs
as the Secretary may r^uire; and
"(6) the applicant is otherwise eligible for assistance under
this title.
“(d) Determination by the Secretary; Approval of Appuca-
f FOR Assistance. — ^^e Secrotary shall approve an application
assistance under this section for an operation described in
106 STAT. 4148
PUBLIC LAW 102-554— OCT. 28, 1992
a plan approved by a county committee under this section if the
Secretaiy ^termines that —
"(1) the operation would generate income sufELcient to cover
the expenses of the oMration, debt service, and adequate living
expenses of the apj^cant, to the ei^nt that other income
would not cover the living expenses, if the oi^ration received
assistance under this section as provided for in the plan; and
*X2) during the commitment period established in accord¬
ance with subs^rtion (eXl), the operation will be financially
viable without fiirther assistance nrom the Secretary and the
identified goals are reasonable and practicable.
“(e) Provision op Assistance.—
“(1) Determination of commitment period.—
“(A) iNmAL determination. — ^In approving an applica¬
tion under subsection (d), the Secrete^ shall, subj^ to
subparagraph (C), determine the period during which
assistance under this section is to be provided for the
operation described in the application (referred to in this
subsection as the ‘commitment period’).
“(B) Authority to extend period; no authority to
REDUCE PERIOD. — ^At any time, the Secretary may, subject
to subparagraph (C) and subsections (f) and (g), extend
the duration or the commitment period. The Secretary shall
not reduce the duration of the commitment period.
“(C) Limitations.—
“(i) In GENERAL. — ^The duration of any commitment
period (including any extensions of the period) shall
not exceed 10 years and shall be consistent with section
319.
“(ii) Eligibility for insured operating loans.—
During the commitment period, an applicant shall not
be eligible to receive an insured operating loan under
this action after the date that is 8 years after the
date on which the applicant first receives assistance
under this section.
“(2) Operating loans; loan guarantees.—
“(A) In general. — ^To the extent that an applicant
whose application is approved under subsection (d) is
unable to obtain sufiicient credit from commercial or
cooperative lenders to finance the operation described in
the application at reasonable rates and terms (taking into
consideration prevailing private and cooperative rates, and
terms in the community in which the operation is (or
is to be) located, for loans for similar purposes and periods
of time), the Secretary shall, subject to the availabilitv
of funds and to subsections (f) and (g) and consistent with
sections 360 and 362, make a conditional commitment to
the applicant for ea^ of the years of the commitment
perioa —
“(i) to provide to any commercial or cooperative
lender who makes a loan to the applicant that is within
the credit needs of the operation (as specified in the
plan contained in the application) a guarantee under
section 309(h) for the repayment of ^ percent of the
loan principal and interest;
‘XiiXl) to provide to any commercial or cooperative
lender who makes a loan to the applicant that is within
PUBLIC LAW 102-554— OCT. 28, 1992
106 STAT. 4149
the credit needs of the operation (as specified in the
plan contained in the application) a guarantee under
section 309(h) for the repayment of 90 percent of the
loan principal and interest and an interest subsidy
payment in tibe amount necessary to ensure that the
applicant qualifies for such a loan but not more than
the amoimt of interest assistance allowed by section
351; or
“(II) if during any of the first 4 years for which
assistance is provided under this section the Secretary
determines that the applicant will not qualify for a
loan described in subclause (I), an interest subsidy
payment sufficient to ensure ^at the effective rate
of interest payable by the applicant on the loan equals
the rate of interest charged to low income, limited
resource Ixirrowers on insured operating loans made
under this subtitle that are of comparable size and
maturity; or
"(iii) to make an insured loan under this subtitle
to the applicant, in the amount specified in the plan
contain^ in the application, at an interest rate that
is no higher Uian me interest rate charged to regular
borrowers and no lower than the interest rate chared
to low income, limited resource borrowers under tnis
subtitle.
“(3) Loans or guarantees for new or improved equip-
SNT. — ^The Secretai^ shall make a commitment to any
»plicant whose apphcation is approved under subsection (d)
provide the applicant with loans imder this subtitle or loan
larantees under section 309(h) to finance the acquisition,
iprovement, or repair of ^uipment needed in the operation
iscribed in me application ii the plan contained in the applica-
)n provides for the commitment, to the extent that the
»plicant is unable to obtain sufficient credit from commercial
cooperative lenders for such purposes at reasonable rates
id terms (taking into consideration prevailing private and
perative rates and terms in the community in which the
leration is, or is to be, located, for loans for similar purposes
id periods of time).
*(4) Priority in purchase op inventory equipment;
>ANS OR GUARANTEES FOR THE PURCHASES IN CERTAIN CASES.—
iiring the commitment period, the Secretary shall —
"(A) accord the applicant whose application is approved
under subsection (d) priority for the purchase of equipment
in the inventory of the Farmers Home Administration nec*
essa:^ for the success of the operation described in the
application; and
"(B) provide the applicant with loans under this sub¬
title or loan guarantees under section 309(h) to finance
the purchases if the plan contained in the application pro¬
vides for the assistance, to the extent that the applicant
is unable to obtain sufficient credit from commercial or
cooperative lenders for such pui^se at reasonable rates
and temm (taking into consideration prevailing private and
cooperative rates, and terms in the community in which
the operation is, or is to be, located, for loans for similar
purposes and periods of time).
106 STAT. 4150
PUBLIC LAW 102-554— OCT. 28, 1992
7 use 1949.
“(6) Other kinds op assistance.— During the con^tment
period, the Fanners Home Administration, the Extension Serv¬
ice, the Soil Conservation Service, and the other entities of
the Department of Agriculture shall provide the applicant with
such other assistance and information as be needed in
developing and implementing the operation described in the
application.
“(6) Fees.— , „
“(A) Secretary.— The Secretary shall not charge a
fee to any person (including a lender) in connection wih
any loan guarantee provided in accordance with this
Section*
^B) Lender. — lender may chaiw a loan origination
and servicing fee in connection with a loan or loan guaran¬
tee provided in accordance with this section in an amount
not to mcceed 1 percent of the amount of the loan.
“(f) Annual Plan Revisions Required as Condition op
Continued Amistance. — ^The Secreta^ shall not provide assist¬
ance under this section for an operation for any pmticular year
after the first year for which the assistance is provided, unless—
“(1) not later than 60 days before the assistance is to
be firat provided for the particular year, the plan describing
the operation has been revised, pursuant to section 360, based
on the experience of the year preceding the particular year,
to provide the information required by subsedion (b) for the
5-year period beginning with the psirticular year (or, if shorter,
the period beginning with the particular year wd ending with
the year in v^ch the plan projects the operation as becoming
financially viable); and
"(2) the Secretary has approved the revised plan.
“(g) Effects of Avoidable Failure to Achieve Goals.—
“(1) Termination of commitments.— The Secretary shall
revoke commitment for assistance made to an applicant under
this section if the operation of the applicant fails, for 2 consecu¬
tive years, to meet the ^als specified in the plan, unless
the ftdlure has not materially reduced the likelihood of the
operation burning financially viable and is due to cir¬
cumstances beyond the control of the applicant.
“(2) Suspension of eugibiuty for assistance.— During
the 3-year period that begins with the date a commitment
made to an applicant is revoked under paragraph (1), the
applicant shall not be eligible for assistance under tl^ section.”.
sec. 9. GRADUATION OF BORROWERS WITH OPERATING LOANS OR
GUARANTEES TO PRIVATE COMMERCIAL CREDIT.
Subtitle B (7 U.S.C. 1941 et sea.) (as amended by section
8 of this Act) is further amended by adding at the end the following
new section:
*SEC. 319. GRADUATION OF BORROWERS WITH OPERATING LOANS OR
GUARANTEES TO PRIVATE COMMERCIAL CREDIT.
Secretary shall establish a plan,
in coordination with activities under sections 359, 360, 361, ana
362, to encourage each borrower with an outstanding loan under
this subtitle or with resp^ to whom there is an outstanding
guarantee under this subtitie to graduate to private commercial
or other sources of credit.
“(b) Limitation on Period for Which Borrowers are
GiBLE FOR Assistance Under This Subtitle.— Notwithstanding
other provision of this subtitle:
**(1) General rule. — ^Except as provided in paragraph (2),
the Se<^tary shall not —
^‘(A) make a loan to a borrower under this subtitle
for any year after the 10th year for which sudb a loan
is made to the borrower; or
^‘(B) guarantee for any year a loan made to a borrower
for a purpose specified in this subtitle, after the 15th
year for whidb loans under this subtitle are made to, or
such a guarantee is provided with respect to, the borrower.
“(2) TR^smoN RULE. — ^If, as of the date of enactment
of this section, the Secretary has made a loan to a borrower
under this subtitle for 5 or more years, or has provided a
guarantee for 10 or more years witii respect to one or more
loans made to the borrower for a purpose specified in this
subtitle, the Secretary shall not make a loan to the borrower
imder this subtitle, or provide such a guarantee with respect
to a loan made to the borrower for a purpose specified in
this subtitle, after the 5th year occurring afler the date of
enactment for which a loan is made under this subtitle to,
or such a guarantee is provided with respect to, the borrower.”.
L 10. CONSIDERATION OF BORROWERS FOR LOAN SERVICE PRO-
GRABIS.
The first sentence of section 331D(e) (7 U.S.C. 1981d(e)) is
mded by inserting after *hot later than 60 days after receipt
he notice required in this section” the following: ^‘or, in extraor-
iry circumstwces as determined by the applicable State director,
ir the 60“day period”.
. 11. TIME PERIOD WITHIN WHICH COUNTY COMMITTEE IS
REQUIRED TO BIEET TO CONSIDER APPUCATIONS FOR
FARM OWNERSHIP AND OPERATING LOANS AND GUARAN¬
TEES AND BEGINNING FARMER PLANS.
Section 332 (7 U.S.C. 1982) is amended —
(1) in subsection (c), by striking The committee” and
inserting ^‘Subject to subse^on (e), the committee”; and
(2) by adding at the end the following new subsection:
‘'(e) The county committee shall meet to consider approval
m application received by the committee for a loan under this
i, a gu^antee under section 309(h), or a plan of farm operation
ler section 318, not later than —
“(1) 5 ^ys after receipt of the application if at the time
of the receipt there is at least one other such application
or plan pending; or
“(2) 15 days after receipt of the application if at the time
of the receipt there are no other such applications or plans
pending.”.
. 12. INCREASE IN PERIOD DURING WHICH COUNTY COMMITTEE
LOAN EUGIBIUTY CERTIFICATION CONTINUES IN EFFECT.
Section 333(2XAXiii) (7 U.S.C. 1983(2XAXiii)) is amended by
king “2 years” and inserting “5 years”.
9-194 0—93 - 17:QL3(Pt. 5)
106 STAT. 4152
PUBLIC LAW 102-554— OCT. 28, 1992
Reports.
SEC. IS. PROCESSING OF APPUCATIONS FOR FARM OPERATING
LOANS.
Section 333A(aX2) (7 U.S.C. 1983a(aX2)) is amended —
(1) by insert^ “(Af after
(2) by inserting ‘pother than under subtitle EX’ after ‘Hinder
this titie”; and
(3) by adding at the end the following new subparagraph:
“(BXi) Not later than 10 calendar days after the Seciratiury
receives an application for an operating loan or loan guaranty
under subtitle B, the Secretary shall notify the applicant of any
information required before a decision may m made on the applica¬
tion. On receipt of an application, the Secretary shall request from
other parties such information as may be needed in connection
with the application.
“(ii) Not later than 15 calendar days after the date an agency
of the Department of Agriculture receives a request for information
made pursuant to clause (i), the agency shall provide the Secretary
with the requested information.
“(iii) If, not later than 20 calendar days after the date a request
is made pursuant to clause (i) with respect to an application, the
Secretiuy has not received the information requested, the Secretary
shall notify the applicant and the district office of the Farmers
Home Adininistration, in writing of the outstanding information,
“(iv) A county office shall notify the district office of the Feurmers
Home Administration of each application for an operating loan
or loan guarantee under subtitle B that is pending more than
45 da3rs after recei^, and the reasons the application is pending,
“(v) A district office that receives a notice provided under clause
(iv) with respect to an application shall immediatefy take steps
to ensure that final action is teiken on the application not latei
than 15 days after the date of the receipt of the notice.
“(vi) Ine district office shsdl report to the State office of the
Farmers Home Administration on each application for an operating
loan or loan guarantee under siffititle B that is pendi^ more
than 45 days after receipt by the county committee, and the reasons
the ^plication is pending.
‘ivu) Each month, the Secretary shsdl notify the Committee
on Agriculture of the House of Representatives smd the Committee
on A^culture, Nutrition, smd Forestry of the Senate, on a State-
by-State basis, as to esu:h application for an operating loan oi
loan gusursmt^ under subtitle B on which finsd action had not
been tsiken within 60 csdendsur days sdter receipt by the Secretsuy
and the reasons finsd action had not been tsdcen.*.
SEC. 14. GRADUATION OF SEASONED DIRECT LOAN BORROWERS TC
THE LOAN GUARANTEE PROGRABf.
Section 333A (7 U.S.C. 1983a) is sunended by adding at the
end the following new subsection:
“(fXD As us^ in this subsection:
“(A) The term ‘approved lender* mesms a lender approves
prior to the date of ensudanent of this subsection by the Sec
retary under the approved lender progreun established b^
exhibit A to subpiEuI; B of part 1980 or titie 7, Code of Federal
Regulations (sui in effect on Janusury 1, 1991), or a lendei
certified under section 114.
“(B) The term ‘sesusoned direct loan borrower* means f
borrower receiving a direct losm under this title who hsm beer
PUBLIC LAW 102-554— OCT. 28, 1992
106 STAT. 4153
classified as ‘commercial’ or ‘standard’ under subpart W of
part 2006 of the Instruction Manual (as in effect on January
1, 1991).
“(2) The Secretary, or a contracting third party, shall annually
lew under section 360 the loans of each season^ loan borrower,
based on the review, it is determined that a borrower would
able to obtain a loan, guaranteed by the Secretary, from a
omercial or cooperative lender at reasonable rates and terms
loans for similar purposes and periods of time, the Secretazy
ill assist the borrower m appl3ring for the commercial or coopera-
3 loan.
“(3) In accordance with section 362, the Secretary shall prepare
>rospechis on each seasoned direct loan borrower detenmned
pble to obtain a guaranteed loan. The prospectus shall contain
iescription of the amounts of loan guarantee and interest assist-
le that the Secretary will provide to the seasoned direct loan
rower to enable the seasoned direct loan borrower to carry
. a financially viable farming plan if a guaranteed loan is made.
“(4) Witib the approval of the borrower, the Secretary shall
)vide the prospectus of the seasoned direct loan borrower to
h approved lender whose lending area includes the location
the seasoned direct loan borrower. If the Secretazy receives
offer from an approved lender to extend credit to the seasoned
ect loan borrower under terms and conditiozis contained in the
tspectus, the seasoned direct loan borrower shall not be eligible
an insured loan from the Secretary under subtitle A or B,
ept as otherwise provided in this subsection.
"(5) If the Secretazy is unable to provide loan guarantees and,
lecessary, interest assistance to the seasoned direct loan borrower
ier this subsection in amounts sufficient to enable the seasoned
ect loan borrower to borrow from commercial sources the amount
[uired to carry out a financially viable fanning plan, or if the
;retary does not receive an offer from an approved lender to
end credit to a seasoned direct loan borrower under the terms
1 conditiozis contained in the prospectus, the Secretary shall
ke an insured loan to the seasoned direct loan borrower under
>title A or B, whichever is applicable.
“(6) To the extent necessary for the borrower to obtain a loan,
iranteed by the Secretazy, from a commercial or cooperative
der, the S^eta^ shall provide interest rate reductions as pro-
ed for under section 351.’\
IS. SIMPLIFIED APPUCATION FOR GUARANTEED LOANS OF
$S0,000 ORLESS.
Section 333A (7 U.S.C. 1983a) (as amended by section 14 of
s Act) is further amended by adding at the end the following
V subsection:
“(gXD The Secretazy shall provide to lenders a short, simplified
ilication form for gi^antees under this title of loans the prin-
al amount of which is $50,000 or less.
"(2) In developing the application, the Secretary shall —
“(A) consult with commercial and cooperative lenders; and
“(B) ensure that —
“(i) the form can be completed manually or electrozii-
cally, at the option of the lender;
“(ii) the form minimizes the documentation required
to accompany the form;
106 STAT. 4154
PUBLIC LAW 102-554— OCT. 28, 1992
**(111) the cost of completing and processing the form
is minimal: and
^‘(iv) tne form can be completed and processed in an
expeditious manner.”.
SEC. 16. INVENTORY LEASE OR LEASE WITH OPTION TO PURCHASE.
The fourth sentence of section 335(cXl) (7 U.S.C. 1985(cXl))
is amended —
(1) by inserting “(A)” after ^‘shall be”; and
(2) by inserting before the period at the end the following:
‘*or (B) leased to persons eligible for assistance under the pro^n-
sions of any law administe:^ by the Farmers Home Adminis¬
tration or the Rural Development Administration under an
annual lease or a lease with an option to purchase, with a
preference for sale”.
SEC. 17. TRANSFER OF INDIAN LANDS PLEDGED AS COLLATERAL FOR
FmHA LOANS.
Section 335(eXl) (7 U.S.C. 1985(eXl)) is amended —
(1) in subparanaph (DXi), by striki^ ‘‘IT and inserting
*T!xcept as provided in subpara^aph (G), ir; and
(2) by adding at the end the following new subparagraph:
“(GXDIf—
*'(1) the real property described in subparagraph (AXi) is
locat^ within an Indian reservation;
**(II) the borrower-owner is an Indian tribe that has jurisdic¬
tion over the reservation in which the real property is located
or the borrower-owner is a member of an Indian tribe;
**(III) the borrower-owner has obtained a loan made,
insured, or guaranteed imder this title; and
"(IV) the borrower-owner and the Secretary have exhausted
all of the procedures provided for in this title to permit a
borrower-owner to retain title to the real property, such that
it is necessary for the borrower-owner to relinquish title,
the Secretary shall dispose of or administer the property only as
provided in subparagraph (D), as modified by this subparagraph.
"(ii) The S^eta^ shall provide the borrower-owner of real
property that is described in clause (i) witii written notice of— ■
“(I) the right of the borrower-owner to voluntarily convey
the real property to the Secretary; and
"(II) the fa^ that real property so conveyed will be placed
in the inventory of the Secretary.
"(iii) The Secretary shall provide the borrower-owner of the
real property with written notice of the rights and protections
provided under this title to the borrower-owner, and the Indian
tribe that has jurisdiction over the reservation in which the real
property is located, from foreclosure or liquidation of the real prop¬
erty, including written notice of—
“(I) fne provisions of subparagraphs (CXi), (CXii), and (D),
this subparagraph, and subsection (g)(6);
“(II) if the borrower-owner does not voluntarily convey the
real property to the Secretaiy, that—
“(aa) the Secretary may foreclose on the property;
“(bb) in the event of foreclosure, the property will be
offered for sale;
“(cc) the Secretary must offer a bid for the property
that is equal to the fair market value of the property
PUBLIC LAW 102-554— OCT. 28, 1992
106 ST AT. 4155
or the outstanding principal and interest of the loan, which¬
ever is higher;
“(dd) the property may be purchased by another party;
and
“(ee) if the property is purchased by another party,
the property will not be placed in the inventory of the
Secretary and the borrower-owner will forfeit the rights
and protections provided under this title; and
“(III) the opportimity of the borrower-owner to consult with
the Indian tribe that has jurisdiction over the reservation in
which the real property is located or counsel to determine
if State or tribal law provides rights and protections that are
more beneficial than those provided the borrower-owner under
this title.
“(iv)(I) Except as provided in subclause (II), the Secretary shall
:ept the voluntary conveyance of real property described in clause
“(II) If a hazardous substance (as defined in section 101(14)
the Comprehensive Environmental Response, Compensation, and
ibility Act of 1980 (42 U.S.C. 9601(14))) is located on the property
d the Secretary takes remedial action to protect human healtn
the environment if the property is taken into inventory, the
:retary shall accept the voluntary conveyance of the property
[y if the Secretary determines that it is in the best interests
the Federal Government.
“(v) If a borrower-owner does not voluntarily convey to the
:retary real property described in clause (i), at least 30 days
ore a foreclosure sale of the property, the Secretary shall provide
itten notice to the Indian tribe that has jurisdiction over the
lervation in which the real property is located of —
“(I) the sale;
“(II) the fair market value of the property; and
“(III) the requirements of this subparagraph.
“(vi)(I) Except as provided in subclause (II), at a foreclosure
e of real property described in clause (i), the Secretary shall
Br a bid for the property that is equal to the higher of —
“(aa) the fair market value of the property; or
“(bb) the outstanding principal and interest of the loan.
“(II) If a hazardous substance (as defined in section 101(14)
the Comprehensive Environmental Response, Compensation, and
ibility Act of 1980 (42 U.S.C. 9601(14))) is located on the property
d the Secretary takes remedial action to protect human health
the environment if the prcmerty is taken into inventory, subclause
shall apply only if the Secretary determines that it is in the
3t interests of the Federal Government.”.
C. 18. DEBT SERVICE MARGIN REQUIREMENTS; CERTIFIED LEND¬
ERS PROGRAM.
Section 339 (7 U.S.C. 1989) is amended —
(1) by striking “SEC. 339. The” and inserting the following:
!C. 339. RULES AND REGULATIONS.
“(a) In General.— The”; and
(2) by adding at the end the following new subsections:
“(b) Debt Service Margin Requirements.— Notwithstanding
Dsection (a), in providing farmer program loan guarantees under
s title, the Secretary shall consider the income of the borrower
STAT. 4156 PUBLIC LAW 102-554— OCT. 28, 1992
adequate if the income is equal to or greater than the income
necessary —
"(1) to make principal and interest payments on all debt
obligations of the rorrower, in a timely manner;
**(2) to cover the necessary living expenses of the family
of the borrower; and
**(3) to pay all other obligations and expenses of the bor¬
rower not fu^ced through d^t obligations referred to in para¬
graph (1), includ^ expenses of replacing capital items (aeter-
mined ai^r taking into account depreciation of the items),
“(c) Certified Lenders Program.—
“(1) In general.— The Secretary shall establish a program
imder which the Secretary shall guarantee loans for any pur¬
pose specified in subtitle B that are made by lending institu¬
tions certified by the Secretary.
“(2) Certification requirements.— The Secretary shall
certify a lending institution that meets such criteria as the
Secrete^ may prescribe in regulations, including the ability
of the institution to properly make, service, and Uquidate the
loans of the institution.
“(3) Condition of certification.— As a condition of the
certification, the Secretary shall require the institution to
undertake to service the loans guaranteed by the Secretary
under this subsection, using standards that are not less strin¬
gent than generally accepted banking standards concerning
loan servicing employed by prudent commercial or cooperative
lenders. The Secretary shall, at least annually, monitor the
performance of each certified lender to ensure that the condi¬
tions of the certification are being met.
“(4) Effect of certification. — ^Notwithstanding any other
provision of law:
"(A) The Secretary shall guarantee 80 percent of a
loan made under this subsection by a certified lending
institution as described in para^aph (1), subject to county
committee certification that the TOirower of the loan meets
the elmbility requirements and such other criteria as may
be applicable to loans guaranteed by the Secretary under
other provisions of this title.
‘*(n) With respect to loans to be guaranteed by the
Secretary under tMs subsection, the Secretary shall permit
certified lending institutions to make appropriate certifi¬
cations (as provided by regulations issued by the
Secretary)—
‘*(i) relating to issues such as creditworthiness,
repayment ability, adequacy of collateral, and feasibil¬
ity of farm operation; and
‘*(ii) that the borrower is in compliance with all
requirements of law, including regulations issued by
the Secretary.
“(C) The S^etary shall approve or disapprove a
guarantee not later than 14 calendar days after the date
that the lending institution applied to the Secretary for
the guarantee. If the Secretaiy rejects the loan application
witmn the 14-day period, the Secretary shall state, in writ¬
ing, all of the reasons the application was rejected.
“(5) RELATIONSmP TO OTHER REQUIREMENTS.— Neither this
subsection nor subsection (d) shall affect the responsibility of
PUBLIC LAW 102-554— OCT. 28, 1992
106 STAT. 4157
;he Secretary to certify eligibility, review financial information,
ind otherwise assess an application.
‘(d) Preferred Certified Lenders Program. —
“(1) In general. — Commencing not later than two years
ifter the date of enactment of the Agricultural Credit Improve-
nent Act of 1992, the Secretary shall establish a Preferred
Certified Lenders Program for lenders who establish their —
“(A) knowledge of, and experience under, the program
established under subsection (c);
“(B) knowledge of the regulations concerning the
guaranteed loan program; and
“(C) proficiency related to the certified lender program
requirements.
rhe Secretary shall certify any lending institution as a Pre-
'erred Certified Lender that meets such criteria as the Sec-
'etary may prescribe by reg^ulation.
“(2) Invocation of designation. — ^The designation of a
ender as a Preferred Certified Lender shall be revoked at
my time that the Secretary determines that such lender is
lot adhering to the rules and regulations applicable to the
irogram or if the loss experiences of a Preferred Certified
Lender are excessive as compared to other Preferred Certified
Lenders, except that such suspension or revocation shall not
iffect any outstanding g^uarantee.
“(3) Condition of certification. — ^As a condition of such
ireferred certification, the Secretary shall require the institu-
:ion to undertake to service the loans guaranteed by the Sec¬
retary under this subsection using generally accepted banking
standards concerning loan servicing employed by prudent
jommercial or cooperative lenders. The Secretary shall, at least
mnually, monitor the performance of each preferred certified
ender to ensure that the conditions of such certification are
leing met.
“(4) Effect of preferred lender certification. — ^Not¬
withstanding any other provision of law, the Secretary shall —
“(A) guarantee 80 percent of an approved loan made
by a certified lending institution as described in this sub¬
section, subject to county committee certification that the
borrower meets the eligibility requirements or such other
criteria as may be applicable to loans guaranteed by the
Secretary imder other provisions of this title;
“(B) permit certified lending institutions to make all
decisions, with respect to loans to be guaranteed by the
Secretary imder this subsection relating to credit worthi¬
ness, the closing, monitoring, collection and liquidation of
loans, and to accept appropriate certifications, as provided
by regulations issued by the Secretary, that the borrower
is in compliance with all requirements of law or reg^ulations
promulgated by the Secretary; and
“(C) be deemed to have guaranteed 80 percent of a
loan made by a preferred certified lending institution as
described in para^aph (1), if the Secreta^ fails to approve
or reject the application of such institution within 14 cal¬
endar days after the date that the lending institution pre¬
sented the application to the Secretary. If the Secretary
rejects the application within the 14-day period, the Sec-
106 STAT. 4158
PUBLIC LAW 102-554— OCT. 28, 1992
retary shall state, in writing, the reasons the application
was rejected.”.
SEC. 19. DEFINITION OF QUALIFIED BEGINNING FARMER OR
RANCHER.
Section 343(a) (7 U.S.C. 1991(a)) is amended—
(1) bv striking ‘Ihis title (1) the term” and all that follows
through ^fish farming,” at the end of paragraph (1) and insert¬
ing “this title:
“(1) The term ‘farmeP includes a person who is engaged
in, or who, with assistance afforded under this title, intends
to engage in, fish farming.”;
(2) by indenting, and aligning the margins of, paragraphs
(2) through (10) so as to align with paragraph (1) (as amended
by para^aph (1));
(3) oy striking “the” the first place it appears in each
of such paragraphs and inserting “The”;
(4) by strikmg the comma at the end of each of paragraphs
(2) through (8) and inserting a period;
(6) by striking “, and” at the end of paragraph (9) and
inserting a period; and
(6) by adding at the end the following new paragraph:
“(11) The term ‘qualified beginning farmer or rEuicher*
means an applicant —
“(A) who is eligible for assistance under this title;
“(B) who has not operated a farm or ranch, or who
has operated a farm or ranch for not more than 10 years;
“(C) in the case of a cooperative, corporation, partner¬
ship, or joint operation, who has members, stoclmolders,
partners, or joint operators who are all related to one
another by blood or marriage;
“(DXi) in the case of an owner and operator of a farm
or ranch, who—
“(I) in the case of a loan made to an individual,
individually or with the immediate family of the
applicant —
“(aa) materially and substantially participates
in the operation of the farm or ranch; and
“(bb) provides substantial day-to-day labor and
management of the farm or ranch, consistent writh
the practices in the State or coimty in which the
farm or ranch is located; or
“(IlXaa) in the case of a loan made to a cooperative,
corporation, partnership, or joint operation, has mem¬
bers, stockholders, partners, or joint operators, materi¬
ally and substanti^ly participate in the operation of
the farm or ranch; and
“(bb) in the case of a loan made to a corporation,
has stockholders, all of whom are qualified beginning
farmers or ranchers; and
“(ii) in the case of an applicant seeking to owm and
operate a farm or ranch, who —
“(I) in the case of a loan made to an individual,
individually or with the immediate family of the
applicant, will —
“(aa) materially and substantially participate
in the operation of the farm or ranch; and
PUBLIC LAW 102-554— OCT. 28, 1992
106 STAT. 4159
^^Cbb) provide substantial day-to-day labor and
management of the farm or ranch, consistent with
the practices in the State or county in which the
farm or ranch is located; or
^‘(IlXaa) in the case of a loan made to a cooperative,
corporation, partnership, or joint operation, ^1 have
members, stockholders, partners, or joint operators,
materially and substantudly participate in tne oper¬
ation of the farm or ranch; and
^‘(bb) in the case of a loan made to a corporation,
has stockholders, all of whom are qualified beginning
farmers or ranchers;
**(£) who agrees to participate in such loan assessment,
borrower traimng, and financial management progrcuns as
^e Secretary may require;
^‘(F) who does not ovm land or who, directly or through
intereste in fmnily farm corporations, owns land, the aggre¬
gate acreage of which does not exceed 15 percent of the
median acreage of the farms or ranches, as the case may
be, in the county in which the farm or ranch operations
of the applicant are located, as reported in the most recent
census of agriculture taken under section 142 of title 13,
United States Code; and
**(6) who demonstrates that the available resources
of the applicant and spouse (if any) of the applicant are
not suifficient to enable the applicant to continue farming
or ranching on a viable scale.”.
20. TARGETING OF FUNDS.
(a) Farm Operating Loans for Beginning Farmers and
CHERS. — Section 346(b) (7 U.S.C. 1994(b)) is amended by adding
e end the following new paragraph:
“(5XA) In expending fimds available for insured operating loans
sr subtitle B, including loans made under section 318 —
**(1) during the first 6 months of fiscal year 1994, the
Secretary shaU reserve not less than 30 percent of the funds
available for the fiscal year to make insured operating loans
to qualified beginning farmers or ranchers;
*‘(ii) during the first 6 months of each of fiscal years 1995
and 1996, the Secretary shall reserve not less than 40 percent
of the funds available for the fiscal year to make insured
operating loans to qualified beginning farmers or ranchers;
and
*‘(iii) during the first 6 months of each of fiscal years
1997 and thereafter, the Secretary may reserve not more than
50 percent of the funds available for the fiscal year to make
insured operating loans to qualified beginning farmers or ranch¬
ers.
‘'(B) In each fiscal year described in subparagraph (A), with
ird to the funds not reserved under subparagraph (A), a qualified
nning farmer or rancher may apply for insured operating loans,
shall not receive any preference as a result of status as a
lified beginning farmer or rancher.”.
(b) Portions of Farm Ownership Loan Guarantee Funds
ETED TO Beginning Farmers or Ranchers.— Section 346(bX2)
r.S.C. 1994(bX2)) is amended by adding at the end the following
sentence: ‘‘Not less than 25 percent of the amounts appro-
106 STAT. 4160
PUBLIC LAW 102-554— OCT. 28, 1992
7 use 1994.
priated for guarantees of farm ownership loans for each of the
fiscal ye€u*s 1994, 1995, 1996, and 1997 shall be reserved by the
l^cretary during the first 6 months of the respective fiscal year
for guarantees of farm ovmership loans to beginning faormers or
ranchers.”.
(c) Farm Ownership Loans. —
(1) Percentage of insured farm ownership loan funds
RESERVED FOR BEGINNING FARMERS OR RANCHERS.— Section
346(bX3) is amended by adding at the end the following new
subparagraph:
"(D) To the extent that it is not inconsistent with an
exercise of authority under section 355, in expending funds
available for insured farm ownership loans —
"(i) during fiscal year 1994, the Secretary shall reserve
not less than 55 percent of the fimds available for the
fiscal year to make insured farm ownership loans to quali¬
fied beginning farmers or ranchers;
"(ii) during fiscal year 1995, the Secretary shall reserve
not more than 65 percent of the fimds available for the
fiscal year to make insured farm ownership loans to quali¬
fied beginning farmers or ranchers; and
“(iii) during each of fiscal years 1996 and thereafter,
the Secretary may reserve not less than 65 percent and
not more than 70 percent of the fimds available for the
fiscal year to make insured farm ownership loans to quali¬
fied beginning farmers or ranchers.”.
(2) Funds reserved for down payment loan program. —
Section 346(bX3) (as amended by paragraph (1) of this sub¬
section) is fiirther amended by adding at the end the following
new subpara^aph:
"(E) To me extent that it is not inconsistent with an exer¬
cise of authority under section 355, the Secretary shall reserve
not less than 60 percent of the amounts reserved for qualified
beginning farmers or ranchers under subparagraph (D) for any
fiscal year for down payment loans under section 310E.”.
(3) Certain unobugated down payment loan program
FUNDS available FOR ANY TYPE OF INSURED FARM OWNERSHIP
LOANS FOR BEGINNING FARMERS AND RANCHERS. — Section
346(bX3) (as amended by paragraph (2) of this subsection)
is further amended by adding at the end the following new
subparagraph:
"(F) To the extent that it is not inconsistent with an exer¬
cise of authority under section 355, to the maximum extent
practicable, any fimds reserved for down payment loans under
section 310E for a fiscal year by reason of subparagraph (E)
that are not obligated by the end of the second quarter of
the fiscal year shall be available during the third quarter
of the fiscid year for any type of insured farm ownership loans
to beginning farmers and ranchers.”.
(d) Interest Rate Assistance Program.— Section 346(bX3)
(as amended by subsection (cX3) of this section) is further amended
by adding at the end the following new subparagraph:
"(G) Not less than 40 percent of the amounts available
for the interest rate reduction program under section 351 shall
be reserved for the first 6 months of each fiscal year for assist¬
ance to beginning farmers or ranchers.”.
rUDJUlLy JUAW ^O,
J.UD OlAl. 'tlDX
(e) Down Payment Loan Program.— Section 346(b) (as
tended by subsection (a) of this section) is further amended by
ding at the end the following new paragraph:
"(6) Notwithstanding any other provision of this title, at the
d of the third quarter of each fiscal year, the Secretary shall
insfer, and use to can^ out section 310E, 75 percent of the
lount that would otherwise be available for guaranteed operating
ms.”.
C. 21. EQUAL ACCESS TO FmHA ASSISTANCE BY GENDER.
(a) Target Participation Rates. — Section 366(a) (7 U.S.C.
03(a)) is amended —
(1) in paragraph (2), by striking ^n establishing” and
inserting ‘^Except as provided in paragraph (3), in establishing”;
and
(2) W adding at the end the following new paragraph:
"(3) (Lender. — ^With respect to gender, target participation
rates shall take into consideration the number of current and
potential socially disadvantaged farmers and ranchers in a
State in proportion to the total number of farmers and ranchers
in the State.^.
(b) Targeting op Loans to Members op Groups Whose Mem-
RS Have Been Subjected to Gender Prejudice.— Section
5(eXl) (7 U.S.C. 2003(eXl)) is amended by striking “or ethnic”
d inserting “, ethnic, or gender”.
(c) Recordkeeping op Loans by Borrower’s Gender.— Sub-
[e D (7 U.S.C. 1981 et seq.) is amended by adding at the end
i following new section:
SC. S«9. RECORDKEEPING OF LOANS BY BORROWER’S GENDER.
“The Secretary shall classify, by gender, records of applicants
loans and loan guarantees under this title.”.
C. 22. STATE MEDIATION PROGRAMS.
Section 602 of the Agricultural Credit Act of 1987 (7 U.S.C.
[)2) is amended —
(1) in subsection (bXD, by striking “50” and inserting “70”;
and
(2) in subsection (c), by inserting “with respect to which
the amount was paid” before the period.
C. 23. REGULATIONS.
(a) Interim Regulations.— Not later than 180 days after the
be of enactment of this Act, the Secretary of A^culture shall
ue such interim regulations as are necessary to implement this
t and the amendments made by this Act.
(b) Final Regulations.— Not later than October 1, 1993, the
zretary of Agriculture shall issue such final regulations as are
;:essary to implement this Act and the amendments made by
s Act.
C. 24. TECHNICAL AMENDMENT.
Section 306C(aX2) is amended to read as follows:
“(2) Certain areas targeted.—
“(A) In general. — Loans and grants under paragraph
(1) shall be made only if the loan or grant funds will
be used primarily to provide water or waste services, or
both, to residents of a county —
7 use 2008d.
7 use 1989 note.
7 use 1926c.
4162
PUBLIC LAW 102-554— OCT. 28, 1992
**(i) the per capita income of the residents of which
is not more than 70 percent of the national average
per capita income, as determined by the Department
of Commerce; and
^ii) the unemployment rate of the residents of
which is not less than 125 percent of the national
average unemplmrment rate, as determined by the
Bureau of Labor Statistics.
“(B) Exception. — ^Notwithstanding subparagraph (A),
loans and grants under paragraph (1) may also be made
if the loan or grant funds will be used primarily to provide
water or waste services, or both, to residents of a rural
area that was recognized as a colonia as of October 1,
1989.”.
Approved October 28, 1992.
LEGISLATIVE HISTORY-H.R. 6129:
CONGRESSIONAL RECORD, Vol. 138 (1992):
Oct. 4, considered and passed House.
Oct. 8, considered and peussed Senate.
WEEKLY COMPIIATION OF PRESIDENTIAL DOCUMENTS, Vol. 28 (1992):
Oct. 28, Presidential statement.
PUBLIC LAW 102-555— OCT. 28, 1992
106 STAT. 4163
Public Law 102-555
102d Congress
An Act
To enable the United States to maintain its leadership in land remote sensing
by providing data continuity for the Landsat program, to establish a new national
land remote sensing policy, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION. 1. SHORT TITLE.
This Act may be cited as the Tjand Remote Sensing Policy
Act of 1992”.
SEC. 2. FINDINGS.
The Congress finds and declares the following:
(1) '!^e continuous collection and utilization of land remote
sensing data from space are of mcyor benefit in studying and
understanding human impacts on the global environment, in
managing the Earth’s natural resources, in carrying out
national security functions, and in planning and conducting
many other activities of scientific, economic, and social impor¬
tance.
(2) The Federal Government’s Landsat system established
the United States as the world leader in land remote sensing
technology.
(3) The national interest of the United States lies in
maintaining international leadership in satellite land remote
sensing and in broadly promoting the beneficial use of remote
sensing data.
(4) The cost of Landsat data has impeded the use of such
data for scientific purposes, such as for global environmental
change research, as well as for other public sector applications.
(5) Given the importance of the Landsat program to the
United States, urgent actions, including expedited procurement
procedures, are required to ensure data continuity.
(6) FuU commercialization of the Landsat program cannot
be achieved within the foreseeable future, and thus should
not serve as the near-term goal of national policy on land
remote sensing; however, commercialization of land remote
sensing should remain a long-term goal of United States policy.
(7) Despite the success and importance of the Landsat
system, funding and organizational uncertainties over the past
several years have placed its future in doubt and have jeopard¬
ized United States leadership in land remote sensing.
(8) Recognizing the importance of the Landsat program
in helping to meet national and commercial objectives, the
President approved, on February 11, 1992, a National Space
Policy Directive which was developed by ^e National Space
Council and commits the United States to ensuring the continu¬
ity of Landsat coverage into the 21st century.
Oct. 28, 1992
[H.R. 6133]
Land Remote
Sensing Policy
Act of 1992.
National
defense.
15 use 5601
note.
15 use 5601.
.06 STAT. 4164
PUBLIC LAW 102-555— OCT. 28, 1992
(9) Because Landsat data are particularly important for
national security purposes and global environmental change
resem^, management responsibilities for the program should
be traniuerred from the Department of Connnerce to an
inte^ted program manaroment involving the apartment
of Defense and the National Aeronautics and Space
Administration.
(10) Regardless of mana^ment responsibilities for the
Landsat program, the Nation’s broad civilian, national security,
commercied, and foreign policy interests in remote sensing
best be served by ensuring that Landsat remains an imdassi-
fled pro^am that operates according to the principles of open
skies and nondiscriminatory access.
(11) Technolomod advances aimed at reducing the size
and weight of satmlite systems hold the jmtential for dramatic
reductions in the cost, and substantial improvements in the
capabilities, of future land remote sensing systems, but such
tedmologic^ advances have not been demonstrated for land
remote sensing and therefore cannot be relied upon as the
sole means of achieving data continuity for the Landsat
program.
(12) A technolo^ demonstration program involving
advanced remote sensmg technologies could serve a vitcd role
in determining the design of a follow-on spacecraft to Landsat
7, while also Wping to determine whether such a spacecraft
should be funded by the United States Grovemment, by the
private sector, or by an intemationsd consortium.
(13) To maximize the value of the Landsat program to
the American public, unenhanced Landsat 4 through 6 data
shoidd be maae available, at a minimum, to United States
Government agencies, to global environmental change research¬
ers, and to o&er researchers who are financially supported
by the United States Government, at the cost of fulfilling user
requests, and imenhanced Landsat 7 data should be made
available to all users at the cost of fulfilling user requests.
(14) To stimulate development of the commercial market
for imenhanced data and value-added services, the United
States Government should adopt a data policy for Landsat
7 which allows competition within the private sector for dis¬
tribution of imenhanced data and value-added services.
(15) Development of the remote sensing market and the
provision of commercial value-added services based on remote
sensing data should remain exclusively the function of the
private sector.
(16) It is in the best interest of the United States to
maintain a permanent, comprehensive Government arc^ve of
global Landsat and other land remote sensing data for long¬
term monitoring and study of the changing global environment.
15 use 5602. SEC. 8. DEFINITIONS.
In this Act, the following definitions apply:
(1) The term ‘^Administrator” means the Administrator of
the National Aeronautics and Space Administration.
(2) The term “cost of fulfilling user requests” means the
incremental costs associated with providing product generation,
reproduction, and distribution of imenhanced data in response
to user requests and shall not include any acquisition, amortize-
PUBLIC LAW 102-565— OCT. 28, 1992
106 STAT. 4165
tion, or depreciation of capital assets originally paid for by
the United States Government or other costs not specifically
attributable to fulfilling user r^uests.
(3) The term ‘'data continuity” means the continued acquisi¬
tion and availability of unenhanced data which are, from the
point of view of the user —
(A) sufficiently consistent (in terms of acquisition geom¬
etry, coverage characteristics, and spectral cnaractenstics)
wi^ previous Landsat data to allow comparisons for global
and regional change detection and characterization; and
(B) compatible with such data and with methods used
to receive and process such data.
(4) The term “data preprocessing” may include —
(A) rectification of system and sensor distortions in
land remote sensing data as it is received directly from
the satellite in preparation for delive^ to a user;
(B) registration of such data with respect to features
of the Earm; and
(C) calibration of spectral response with respect to
such data, but does not include conclusions, manipulations,
or calculations derived from such data, or a combination
of such data with other data.
(5) The term “land remote sensing” means the collection
of data which can be processed into imagery of surface features
of the Earth from an unclassified satellite or satellites, other
than an operational United States Government weather
satellite.
(6) The term “Landsat Program Management” means the
integrated program management structure —
(A) established by, and responsible to, the Adminis¬
trator and the Secretary of Defense piursuant to section
101(a); and
(B) consisting of appropriate officers and employees
of the National Aeronautics and Space Administration, the
Department of Defense, and any other United States
Government agencies the President designates as respon¬
sible for the Limdsat program.
(7) The term “Landsat system” means Landsats 1, 2, 3,
4, 5, and 6, and anv follow-on land remote sensing system
operated and owned by the United States Government, along
with any related ground Muipment, systems, and facilities
owned by the United States Government.
(8) ^e term “Landsat 6 contractor” means the private
sector entity which was awarded the contract for spacecraft
construction, operations, and data marketing rights for t^e
Landsat 6 spacecraft.
(9) The term “Landsat 7” means the follow-on satellite
to Landsat 6.
(10) The term “National Satellite Land Remote Sensing
Data Archive” means the archive established by the Secretary
of the Interior pursuant to the archival responsibilities defined
in section 502.
(11) The term “noncommercial purposes” refers to those
activities imdertaken by individuals or entities on the condition,
upon receipt of unenhanced data, that —
(A) such data shall not be used in connection with
any bid for a commercial contract, development of a
106 STAT. 4166
PUBLIC LAW 102-555— OCT. 28, 1992
15 use 5611.
commercial product, or any other non-United States
Government activity that is expected, or has the potential,
to be profitmakinm
(B) the results of such^ activities are disclosed in a
timely and complete fashion in the open technical literature
or other method of public release, except when such disclo¬
sure by the Unitea States Government or its contractors
woidd adversely affect the national security or foreim pol¬
icy of the United States or violate a provision of Taw or
regulation; and
(C) such data shall not be distributed in competition
with unenhanced data provided by Hie Landsat 6
contractor.
(12) The term “Secretary’ means the Secretary of Com¬
merce.
(13) The term “imenhanced data” means land remote sens¬
ing signals or imagery products that are unprocessed or subject
omy to data preprocessmg.
(14) ITie term “Unit^ States Government and its affiliated
users” means —
(A) United States Government agencies;
(B) researchers involved with the Unit^ States Global
Change Research Program and its international counter¬
part programs; and
(C) other researchers and international entities that
have signed with the United States Government a coopera¬
tive agreement involving the use of Landsat data for non¬
commercial purposes.
SEC. 4. REPEAL OF LAND REMOTE-SENSING COMMERCIALIZATION
ACT OF 1964.
The Land Remote-Sensing Commercialization Act of 1984 (15
U.S.C. 4201 et seq.) is repealeiT
TITLE I— LANDSAT
SEC. 101. LANDSAT PROGRAM MANAGEMENT.
(a) Establishment.— -The Administrator and the Secretary of
Defense shall be responsible for management of the Landsat pro¬
-am. Sudb responsibility shall be carried out by establishing an
integrated program management structure for the Landsat system.
(b) Management Ppan. — The Administrator, the Secretary of
Defense, and any other United States Government official the Presi¬
dent desiaimtes as responsible for part of the Landsat program,
shall establish, through a management plan, the roles, responsibil¬
ities, and funding expectations for the Landsat Pre^am of the
appropriate Unit^ States (jiovernment agencies. The management
plan snail—
(1) specify that the fundamental goal of the Landsat Pro¬
-am Management is the continuity of unenhanced Landsat
^ta through the acquisition and operation of a Landsat 7
satellite as quickly as practicable whidi is, at a minimum,
functionally equivment to the Landsat 6 satellite, with the
addition of a tracking and data relay satellite communications
capability;
(2) include a baseline funding profile that —
PUBLIC LAW 102-555— OCT. 28, 1992
106 STAT. 4167
(A) is mutually acceptable to the National Aeronautics
and Space Administration and the Department of Defense
for the period covering the development and operation of
Landsat 7; and
(B) provides for total funding resi)onsibility of the
National Aeronautics and Space Administration and the
Department of Defense, respectively, to be approximately
equal to the funding responsibility of the other as spread
across the development and operational life of Landsat
7;
(3) specify that any improvements over the Landsat 6 func¬
tion^ equivalent capability for Landsat 7 will be funded by
a specific sponsoring agency or agencies, in a manner agreed
to by the Landsat Program Management, if the required fund¬
ing exceeds the baseline funding profile required by paragraph
(2), and that additional improvements will be sought only if
the improvements will not jeopardize data continuity; and
(4) provide for a technology demonstration pro^am whose
objective shall be the demonstration of advanced land remote
sensing technologies that may potentially yield a system which
is less expensive to build ana operate, and more responsive
to data users, than is the current Landsat system.
(c) Responsibilities. — ^The Landsat Program Management
all 1^ responsible for —
(1) Landsat 7 procurement, launch, and operations;
(2) ensuring that the operation oi the Landsat system
is responsive to the broad interests of the civilian, national
security, commercial, and foreign users of the Landsat system;
(3) ensuring that all unenhanced Landsat data remain
unclassified and that, except as provided in section 506 (a)
and (b), no restrictions are placed on the availability of
unenhanced data;
(4) ensuring that land remote sensing data of high priority
locations will be acquired by the Landsat 7 system as required
to meet the needs or the United States Global Change Research
Program, as established in the Global Change Research Act
of 1990, and to meet the needs of national security users;
(5) Landsat data responsibilities pursuant to this Act;
(6) oversight of Landsat contracts entered into under sec¬
tions 102 and 103;
(7) coordination of a technology demonstration program,
pursuant to section 303; and
(8) ensuring that copies of data acquired by the Landsat
system are provided to the National Satellite Land Remote
Sensing Data Archive.
(d) Authority To Contract. — ^The Landsat Program Manage-
mt may, subject to appropriations and only under the existing
itract authority of the United States Government agencies that
cnpose the Landsat Program Management, enter into contracts
h the private sector for services such as, but not limited to,
tellite oj^rations and data preprocessing.
(e) Landsat Advisory Process.—
(1) Establishment. — The Landsat Program Management
shall seek impartial advice and comments regarding the status,
effectiveness, and operation of the Landsat system, using exist¬
ing advisory committees and other appropriate mechanisms.
Such advice shall be sought from individuals who represent —
106 STAT. 4168
PUBLIC LAW 102-555— OCT. 28, 1992
15 use 5612.
(A) a broad ra^ of perapec^ves on basic and applied
science and operational needs with respect to land remote
sensing data:
^ the spectrum of users of Landsat data, includ¬
ing rraresentatives from United States Government agen¬
cies, State and local government i^encies, academic inshtu-
tions, nonprofit organisations, value-added companies, tlie
agriculture, mineral extraction, and other user industries,
and the public, and
(C) a broad diversity of age groups, sexes, and races.
(2) i^PORTS.— -Within 1 year after the date of the enact¬
ment of this Act and biennially thereafter, the Landsat Ingram
Management shall prepare and submit a report to the Congress
which —
(A) reports the public comments received pursuant to
para|Taph (1); and
(B) includes —
(i) a response to the public comments received
pursuant to para^aph (1);
(ii) information on the volume of use, by category,
of data from the Landsat svstem; and
(iii) any recommendations for policy or pro¬
grammatic chains to improve the utility and oper¬
ation of tbe Landsat system.
SEC. 102. PROCUBEMENT OF LANDSAT 7.
(a) Contract Negotiations. — ^The Landsat Program Manage¬
ment shall, subiect to appropriations and only under the existing
contract authority of the United States Government agencies that
compose the Landsat Program Management, expeditiously contract
with a United States private sector entity for the development
and delivery of Landsat 7.
(b) Development and Delivery Consideration.— In ne^tiat-
ing a contract under this section for the development and d^very
of Landsat 7, the Landsat Program Management shall —
(1) seek, as a fundi^ental oUective, to have Landsat 7
operational by the expected end of the design life of Landsat
6;
(2) seek to ensure data continuity by the development
and delivery of a satellite which is, at a minimum, functionally
equivalent to the Landsat 6 satellite; and
(3) seek to incorporate in Landsat 7 any performance
improvements required to meet United States Government
needs that would not jeopardize data continuity.
(c) Notification of Cost and Schedule Changes.— The
Landsat Program Management shall promptly notify the Confess
of any significant deviations fiom the exp^tM cost, delivery date,
and launch date of Landsat 7, that are specified by the Landsat
Program Management upon award of the contract under this sec¬
tion.
(d) United States Private Sector Entities.— The Landsat
Program Man^ment shall, for purporos of this Act, define the
term "United States private sector entities”, taking into account
the location of operations, assets, personnel, and other such factors.
SEC. 108. DATA POUCY FOR LANDSAT 4 THROUGH 6.
(a) Contract Negotiations. — Within 30 days after the date
of enactment of this Act, the Landsat Program Management shall
15 use 5613.
PUBLIC LAW 102-555— OCT. 28, 1992
106 STAT. 4169
ter into negotiations with the Landsat 6 contractor to formalize
arrangement with respect to pricing, distribution, acquisition,
:hiving, and availability of unenhanced data for wMch the
ndsat 6 contractor has responsibility under its contract. Such
‘angement shall provide for a phased transition to a data policy
isistent with the Landsat 7 data poli^ (developed pursuant
section 105) by the date of initial operation of Landsat 7. Condi-
ns of the phased arrangement should require that the Landsat
contractor adopt provisions so that by the final phase of the
insition period —
(1) such unenhanced data shall be provided, at a minimum,
to the United States Government and its affiliated users at
the cost of fulfilling user requests, on the condition that such
unenhanced data are uscnI solely for noncommercial purposes;
(2) instructional data sets, selected from the Landsat data
archives, will be made available to educational institutions
exclusively for noncommercial, educational purposes at the cost
of fulfilling user requests;
(3) Lwdsat data users cure able to acquire unenhanced
data contained in the collective archives of foreign ground sta¬
tions as easily and affordably as practicable;
(4) adequate data necessary to meet the needs of global
environmental change researchers and national security users
are acquired;
(5) the United States Government and its affiliated users
shall not be prohibited from reproduction or dissemination of
unenhanced data to other agencies of the United States Gk>vem-
ment and other affiliated users, on the condition that such
unenhanced data are uscnI solely for noncommercial purposes;
(6) nonprofit, public interest entities receive vouchers, data
grants, or other such means of providing them with unenhanced
data at the cost of fulfilling user requests, on the condition
that such unenhanced data are used solely for noncommercial
purposes.
(7) a viable role for the private sector in the promotion
and development of the commercial market for vadue added
and other services using unenhanced data from the Landsat
system is preserved; and
(8) imenhanced data from the Landsat system are provided
to the National Satellite Land Remote Sensing Data Archive
at no more than the cost of fulfilling user requests.
(b) Failure To Reach Agreement. — ^If negotiations under sub-
;tion (a) have not, by September 30, 1993, resulted in an agree-
nt that the Landiuit Pro^am Management determines generally
lieves the goals stated in subsection (b) (1) through (8), the
ministrator and the Secretary of Defense shall, within 30 days
r the date of such determination, jointly certify and report
:h determination to the Congas. Tlie report shall include a
dew of options and projected costs for achieving such goals,
i shall include recommendations for achieving such goals. The
Ions reviewed shall include —
(1) retaining the existing or modified contract with the
Landsat 6 contractor;
(2) the termination of existing contracts for the exclusive
right to market unenhanced Landsat data; and
Reports.
106 STAT. 4170
PUBLIC LAW 102-555— OCT. 28, 1992
15 use 5614.
15 use 5615.
Reports.
(3) the establishment of an alternative private sector
mechanism for the marketing and commercial distribution of
su(h data.
SEC. 104. TRANSFER OF LANDSAT 6 PROGRAM RESPONSIBILITIES.
The responsibilities of the Secretary with respect to Landsat
6 shall be transferred to the Landsat Program Management, as
agreed to between the Secretary and the Landsat Program Manage¬
ment, pursuant to section 101.
SEC. lOB. DATA POUCY FOR LANDSAT 7.
(a) Landsat 7 Data Poucy.— The Landsat Program Manage¬
ment, in consultation with other appropriate United States Govern¬
ment agencies, shall develop a data policy for Landsat 7 which
should —
(1) ensure that unenhanced data are available to all users
at the cost of fulfilling user requests;
(2) ensure timely and dependable delivery of unenhanced
data to toe full spectrum of civilian, national security, commer¬
cial, and foreign users and the National Satellite Land Remote
^nsing Data Archive;
(3) ensure that toe United States retains ownership of
all unenhanced data generated by Landsat 7;
(4) support toe development of the commercial market for
remote sensing data;
(5) ensure that toe provision of commercial value-added
services based on remote sensing data remains exclusively the
function of toe private sector; and
(6) to toe extent possible, ensure that toe data distribution
svstom for Landsat 7 is compatible with toe Earth Observing
System Data and Information System.
(b) In addition, toe data policy for Landsat 7 may provide
for —
(1) United States private sector entities to operate ground
receiving stations in toe United States for Landsat 7 data;
(2) other means for direct access bv private sector entities
to unenhanced data from Landsat 7; ana
(3) toe United States Government to charge a per image
fee, license fee, or other such fee to entities operating ground
receiving stations or distributii^ Landsat 7 data.
(c) Landsat 7 Data Policy Plan. — ^Not later than July 16,
1994, toe Landsat Pro^am Management shall develop and submit
to Congress a report ^t contsdns a Landsat 7 Data Policy Plan.
This plan shall define toe roles and responsibilities of the various
public and private sector entities that would be involved in the
acquisition, processing, distribution, and archiving of Landsat 7
data and in operations of toe Landsat 7 spacecraft.
(d) Reports.— Not later toan 12 months after submission of
toe Lemdsat 7 Data Policy Plan, required by subsection (c), and
annually thereafter until toe launch of Landsat 7, the Landsat
Program Management, in consultation with representatives of
appropriate United States Government agencies, shaU prepare and
submit a report to toe Conp;ress which —
(1) provides justification for toe Landsat 7 data policy
in terms of toe civilian, national security, commercial, and
foreign policy needs of toe United States; and
PUBLIC LAW 102-555— OCT. 28, 1992
106 STAT. 4171
(2) provides justificatioii for any elements of the Landsat
7 data poli<7 which are not consistent with the provisions
of subse^on (a).
FLE II— UCENSING OF PRIVATE REMOTE SENSING SPACE
SYSTEMS
C. Ml. GENERAL UCENSING AUTHORUT.
(a) Licensing Authority of Secretary.— (1) In consultation
th other appropriate United States Government agencies, the
!n:«tary is authorized to license private sector parties to operate
vate remote sensing space systems for such period as the Sec¬
ary may specify and in accordance with the provisions of this
le.
(2) In the case of a private space system that is used for
note sensing and other purposes, the authority of the Secretary
der this title shall be limted only to the remote sensing oper-
ons of such space system.
(b) Compliance With the Law, Regulations, International
ligations, and National Security.— No license shall be
mted by the Secretary unless the Secretary determines in writing
it the applicant will comply with the requirements of this Act,
y regulations issued pursuant to this A^, and any applicable
emational obligations and national security concerns of the
ited States.
(c) Deadline for Action on Appucation.— The Secretary shall
riew any application and make a determination thereon within
3 days of the receipt of such application. If final action has
b occurred within such time, the Secretary shall inform the
plicant of any pending issues and of actions required to resolve
im.
(d) Improper Basis for Denial.— The Secrets^ shall not
ly such license in order to protect any existing licensee from
npetition.
(e) Requirement To Provide Unenhanced Data.— (1) The
cretary, in consultation with other appropriate United States
vernment agencies and pursuant to paragraph (2), shall des-
late in a license issued pursuant to this title any unenhanced
ba required to be provided by the licensee under section 202(bX3).
(2) The Secretary shall make a designation under paragraph
after determining that —
(A) such d^ta are generated by a system for which all
or a substantial part of the development, fabrication, launch,
or operations costs have been or will be directly fimded by
the United States Government; or
(B) it is in the interest of the United States to require
such data to be provided by the licensee consistent with se^ion
202(bX3), after considering the impact on the licensee and
the importance of promoting widespread access to remote sens¬
ing data from United States and foreign systems.
(3) A designation made by the Secretary under paragraph (1)
all not be inconsistent with any contract or other arrangement
tered into between a United States Government agency and
3 licensee.
15 use 5621.
106 STAT. 4172
PUBLIC LAW 102-555— OCT. 28, 1992
15 use 5622.
15 use 5623.
SEC. 908. CONDITIONS FOR OPERATION.
(a) License Required for Operation. — ^No person who is sub¬
ject to the jurisdiction or control of the United States dhrectly
or through any subsidiary or affiliate, operate any private remote
sensing space system without a license pursuant to section 201.
(b) Licensing Requirements. — ^Any license issued pursuant
to tl^ title shall specif that the licensee shall comply with all
of the requirements of this Act and shall —
(1) operate the system in such manner as to preserve
the national security of the United States and to observe the
international obligations of the United States in accordance
with section 506;
(2) make available to the government of any countiy
(including the United States) unenhanced data collected by
the system concerning the territory under the jurisdiction of
such government as soon as such data are av^able and on
reasonable terms and conditions;
(3) make unenhanced data designated by the Secretary
in the license pursuant to section 201(e) available in accordance
with section 501;
(4) upon termination of operations under the license, make
disj^ition of any satellites in space in a manner satisfactory
to me President;
(5) furnish the Secretary with complete orbit and data
collection characteristics of me system, and inform the Sec-
retmy immediately of any deviation; and
(6) notify the Secretary of any agreement the licensee
intendis to enter with a foreign nation, entity, or consortium
involving foreign nations or entities.
(c) Additional Licensing Requirements for Landsat 6 Con¬
tractor. — In addition to the requirements of paragraph (b), any
license issued pursuant to this title to the Landsat 6 contractor
shall specify that the Lemdsat 6 (x>ntractor shall —
(1) notify the Secretary of any value added activities (as
defined by tne Secretary by regulation) that will be conducted
by the Lemdsat 6 contractor or by a subsidiary or affiliate;
and
(2) if such activities are to be conducted, provide the Sec¬
retary with a plan for compliance with section 501 of this
Act.
SEC. 808. ADMINISTRATIVE AUTHORTIY OF THE SECRETARY.
(a) Functions. — ^In order to carry out the responsibilities speci¬
fied in this title, the Secretary may —
(1) grant, condition, or transfer licenses under this Act;
(2) seek an order of injunction or similar judicial determina¬
tion finm a United States District Court with personal jurisdic¬
tion over the licensee to terminate, modify, or suspend licenses
under this title and to terminate licens^ operations on an
immediate basis, if the Secretary determines mat the licensee
has substantially failed to comiuy with any provisions of this
Act, with any terms, conditions, or restrictions of such license,
or with any international obligations or national security con¬
cerns of the United States.
(3) provide penalties for noncompliance with the require¬
ments of licenses or regulations issued under this title, indud-
ing dvil penalties not to exceed $10,000 (each day of operation
15 use 5631.
15 use 6632.
President.
15 use 5633,
President.
TITLE ni— RESEARCH, DEVELOPMENT, AND
DEMONSTRATION
SEC. 301. CONTINUED FEDERAL BESEARCH AND DEVELOPmiENT.
(a) Roles op NASA and Department of Defense.— (1) The
Administrator and the Secretary of Defense are directed to
continue and to enhance programs of remote sensing research and
development.
(2) The Administrator is authorized and encouraged to —
(A) conduct experimental space remote sensing programs
(includmg applications demonstration programs and basic
researt^ at universities);
(B) develop remote sensing technologies and techniques,
including those needed for monitoring the Earth and its
environment; and
(C) conduct such research and development in cooperation
with other United States Government agencies and wi^ public
and private research entities (including private industiy,
universities, non-profit organizations. State and local govern¬
ments, forei^ governments, and international organizations)
and to enter into arrangements (including joint ventures) which
will foster such cooperation.
(b) Roles op Department of Agriculture and Department
OF Interior.—
(1) In order to enhance the ability of the United States
to manage and utilize its renewable and nonrenewable
resources, the Secreta^ of Agriculture and the Secretary of
the Interior are authori^ and encouraged to conduct programs
of research and development in the applications of remote sens¬
ing using funds appropriated for such purposes.
(2) Such programs may include basic research at univer¬
sities, demonstrations of applications, and cooperative activities
involving other Government agencies, private sector peirties,
and foreign and international organizations.
(c) Role of Other Federal Agencies.— Other United States
Government a^ncies are authorized and encxiuraged to conduct
research and development on the use of remote sensing in the
fulfillment of their authorized missions, using funds appropriated
for such purposes.
SEC. 302. AVAILABELnY OF FEDERALLY GATHERED UNENHANCED
DATA.
(a) General Rule. — All unenhanced land remote sensing data
gathered and owned by the United States Government, including
unenhanced data gathered under the technologv demonstration pro¬
gram carried out pursuant to section 303, shall be made available
to users in a timely fashion.
(^) Protection for Commercial Data Distributor.— The
President shall seek to ensure that unenhanced data gathered
under the technolos^ demonstration program carried out pursuant
to section 303 shaU, to the extent practicable, be made available
on terms that would not adversely effect the commercial market
for unenhanced data gathered by the Landsat 6 spacecraft.
SEC. SOS. TECHNOLOGY DEMONSTRATION PROGRAM.
(a) Establishment. — As a fundamental component of a
national land remote sensing strategy, the President shall establish.
PUBLIC LAW 102-555— OCT. 28, 1992
106 STAT. 4175
ugh appropriate United States Government agencies, a tech-
gy demonstration program. The goals of such programs shall
(1) seek to launch advanced land remote sensing system
components within 5 years after the date of the enactment
of this Act.
(2) demonstrate within such 5-year period advanced sensor
capabilities suitable for use in the anticipated land remote
sensing program; and
(3) demonstrate within such 6-year period an advanced
land remote sensing system desim that could be less expensive
to procure and operate than the Landsat system projected
to ^ in operation through the year 2000, and that therefore
holds greater potential for private sector investment and
control.
(b) Execution of Program. — In executing the technology dem-
ration prom*am, the President shall seek to apply technologies
dated with United States National Technical Means of intel-
ice gathering, to the extent that such technolodes are appro-
te for the technology demonstration and can be declassified
mch purposes without causing adverse harm to United States
Dnal security interests.
(c) Broad Application. — ^To the greatest extent practicable,
technolo^ demonstration program established under subsection
hall be ^signed to be responsive to the broad dvilian, national
rity, commerdal, and foreign pol^ needs of the United States.
(d) Private Sector Funding. — ^Tne technology demonstration
ram under this section may be carried out in peirt with private
)r funding.
(e) Landsat Program Management Coordination.— The
isat Program Management shall have a coordinating role in
technology demonstration program carried out under this
Lon.
(f) Report to Congress. — ^The President shall assess the
ress of the technology demonstration program under this sec¬
ond, within 2 years after the date oi enactment of this Act,
nit a report to the Congress on such progress.
ITLE IV— ASSESSING OPTIONS FOR SUCCESSOR LAND
REMOTE SENSING SYSTEM
401. ASSESSING OPTIONS FOR SUCCESSOR LAND REMOTE SENS¬
ING SYSTEM.
(a) Assessment. — Within 5 years after the date of the enact-
t of this Act, the Landsat Program Management, in consultation
I representatives of appropriate Unit^ States Government
kcies, shall assess and report to the Congress on the ^tions
successor land remote sensing system to Landsat 7. The
rt shall indude a full assessment of the advantages and dis-
intages of—
(1) private sector funding and management of a successor
land remote sensing system;
(2) establishing an international consortium for the funding
and management of a successor land remote sensing system;
(3) funding and management of a successor land remote
sensing system by the United States Government; and
President.
President.
15 use 5641.
Reports.
4176
PUBLIC LAW 102-555— OCT. 28, 1992
(4) a cooperative effort between the United States C]k>vem-
ment and the private sector for the funding and management
of a successor land remote sensing system.
(b) Goals. — ^In carrying out subse^on (a), the Landsat Pro¬
gram Management shall consider the ability of each of the options
to—
(1) encourage the development, launch, and operation of
a land remote sensing system that adequately serves the
civilian, national security, commercial, and foreign policy
intereste of the United Stat^;
(2) encourage the development, launch, and operation of
a land remote sensing system that maintains data continuity
vidth the Landsat system; and
(3) incorporate system enhancements, including any such
enhancements developed under the technology demonstration
program under section 303, which may potentially 3deld a sys¬
tem that is less expensive to build and operate, and more
responsive to data users, than is the Landsat system projected
to in operation through the year 2000.
(c) Preference for Private Sector System.— If a successor
land remote sensing system to Landsat 7 can be funded and man¬
aged by the private sector while still achieving the goals stated
in subsection (b) without jeopardizing the domestic, national secu¬
rity, and foreign policy interests of the United States, preference
shoiild be mven to the development of such a system by me private
sector wimout competition ^m the United States Government.
TITLE V— GENERAL PROVISIONS
SEC. 601. NONDISCRIMINATORY DATA AVAILABILnY.
(a) General Rule. — ^Except as provided in subsection (b) of
this section, any unenhanced data generated by the Landsat system
or any other land remote sensing system funded and owned by
the United States Government shdl be made available to all users
without preference, bias, or any other special arrangement (except
on the basis of national security concerns pursuant to section 5()6)
regarding deliveiy, format, pricing, or technical considerations
wmch would favor one customer or dass of customers over another.
(b) Exceptions. — ^Unenhanced data generated by the Landsat
system or any other land remote sensing system funded and owned
by the United States Government may be made available to the
United States Government and its affiliated users at reduced prices,
in accordance with this Act, on the condition that such unenhanced
data are used solely for noncommercial purposes.
SEC. 502. ARCHIVING OF DATA.
(a) Public Interest. — It is in the public interest for the United
States Government to—
(1) maintain an archive of land remote sensing data for
historical, scientific, and technical purposes, including long¬
term global environmental monitoring;
(2) control the content and scope of the archive; and
(3) assure the quality, integrity, and continuity of the
archive.
(b) Archiving Practices. — ^The Secretary of the Interior, in
consultation with the Landsat Program Management, shall provide
for long-term storage, maintenance, and upgrading of a basic, global.
PUBLIC LAW 102-555— OCT. 28, 1992
106 STAT. 4177
d remote sensing data set (hereinafter referred to as the "basic
a set”) and shall follow reasonable archival practices to assure
per storage and preservation of the basic data set and timely
3SS for parties requesting data.
(c) Determination op Content op Basic Data Set.— In deter-
Ling the initial content of, or in upgrading, the basic data set,
S^retaiy of Interior shall —
(1) use as a baseline the data archived on the date of
enactment of this Act;
(2) take into account future technical and scientific develop¬
ments and needs, paying particular attention to the anticipated
data requirements of global environmental change research;
(3) consult with and seek the advice of users and producers
of remote sensing data and data products;
(4) consider the need for data which may be duplicative
in terms of geographical coverage but which differ in terms
of season, spectral bands, resolution, or other relevant factors;
(5) include, as the Secretary of the Interior considers appro¬
priate, unenhanced data generated either by the Landsat sys¬
tem, pursuant to title I, or oy licensees under title II;
(6) include, as the Secrete^ of the Interior considers appro¬
priate, data collected by foreign ^ound stations or by foreign
remote sensing space svstems; and
(7) ensure that ihe content of the archive is developed
in accordance with section 506.
(d) Public Domain. — ^After the expiration of any exclusive right
sell, or after relinquishment of such ri^ht, the data provided
he National Satellite Land Remote Senmng Data Archive shall
n the public domain and shall be made available to requesting
ties by the Secretary of the Interior at the cost of fulfilling
r requests.
. 508. NONREPRODUCnON.
Unenhanced data distributed by any licensee under title II
s Act may be sold on the conmtion that such data will not
reproduced or disseminated by the purchaser for commercial
poses.
. 504. REIMBURSEMENT FOR ASSISTANCE.
The Administrator, the Secretary of Defense, and the heads
ther United States Government agencies may provide assistance
and remote sensing system operators under the provisions of
Act. Substantial assistance shall be reimbursed by the operator,
ipt as otherwise provided by law.
. 505. ACQUISITION OF EQUIPMENT.
The Landsat Pro^am Management may, by means of a
petitive process, allow a licensee under title II or any other
ate party to buy, lease, or otherwise acquire the use or equip-
it from tile Landsat system, when such ^uipment is no longer
led for the operation of such system or for the sale of data
1 such 83r8tem. Officials of other United States Government
iian agencies are authorized and encouraged to cooperate witii
Secretary in carrying out this section.
. 506. RADIO FREQUENCY ALLOCATION.
(a) Appucation to Federal Communications Commission. —
he extent required by the Communications Act of 1934 (47
15 use 5653.
15 use 5654.
15 use 5655.
15 use 5656.
106 STAT. 4178
PUBLIC LAW 102-555— OCT. 28, 1992
Licensing.
15 use 5657.
Reports.
U.S.C. 151 et seq.), an application shall be filed with the Federal
Communications Commission for any radio facilities involved with
commercial remote sensing space systems licensed under title II.
Od) Deadline for FCC Action. — It is the intent of Congress
that the Federal Communications Commission complete the radio
licensing process under the Communications Act of 1934 (47 U.S.C.
151 et seq.), upon the application of any private sector party or
consortium operator of any commercial land remote sensing space
system subject to this A^, within 120 days of the receipt of an
application for such licensing. If final action nas not occurred within
120 days of the receipt of such an application, the Federal Commu¬
nications Commission shall inform the applicant of any pending
issues and of actions required to resolve them.
(c) Development and Construction op United States Sys¬
tems. — Authority shall not be required from the Federal Commu¬
nications Commission for the development and construction of any
United States land remote sensing space system (or component
thereof), other than radio transmitting facilities or components,
while any licensing determination is being made.
(d) Consistency With International Obligations and Pub¬
lic Interest. — ^Frequency allocations made pursuant to this section
by the Federal Communications Commission shall be consistent
with international obligations and with the public interest.
SEC. S07. consultation.
(a) Consultation With Secretary op Depense.— The Sec-
retai^ and the Landsat Program Management shall consult with
the Secretary of Defense on all matters under this Act affecting
national security. The Secretary of Defense shall be responsible
for determining those conditions, consistent with this Act, necessary
to meet national security concerns of the United States and for
notifying the Secretary and the Landsat Program Management
promptly of such conditions.
(b) Consultation With Secretary op State.— (1) The Sec¬
rete^ and the Landsat Program Management shall consult with
the Secretary of State on all matters under this Act affecting
international obligations. The Secretai^ of State shall be responsible
for determining those conditions, consistent with this Act, necessary
to meet international obligations and policies of the United States
and for notifying promptly the Secrets^ and the Landsat Program
Management of such conditions.
(^ Appropriate United States Government agencies are author¬
ized and encouraged to provide remote sensing data, technology,
and training to developing nations as a component of programs
of international aid.
(3) The Secretary of State shall promptly report to the Secretary
and Landsat Program Management any instances outside the
United States of discriminatory distribution of Landsat data.
(c) Status Report. — ^The Landsat Program Management shall,
as often as necessary, provide to the Congress complete and updated
information about the status of ongoing operations of the Landsat
system, including timely notification of decisions made with respect
to the Landsat system in order to meet national security concerns
and international obligations smd policies of the United States
Government.
(d) RElMBipRSEMENTS. — If, as a result of technical modifications
imposed on a licensee under title II on the basis of national security
PUBLIC LAW 102-555— OCT. 28, 1992
106 STAT. 4179
»m8, the Secreta^, in consultation with the Secretfuy of
mse or with other Federal a^ncies, determines that additional
8 will be incurred by the hcensee, or that past development
(induding the cost of capital) will not be re(x>vered by the
isee, the S^n^taiy may ^uire the agency or agencies request-
suc^ technical modifications to reimburse the hcensee for such
Itional or development costs, but not for anticipated profits.
bursements may cover costs associated with required changes
tystem performance, but not costs ordinarily assodated with
Lg business abroad.
. 508. ENFORCEMENT.
(a) In General. — In order to ensure that unenhanced data
1 the Landsat system received solely for noncommercial purposes
not used for any commerdal purpose, the Secretary (in
iboration with private sector entities responsible for the market-
and distribution of unenhanced data generated by the Landsat
em) shall develop and implement a system for enforcing this
libition, in die event that unenhanced data from the Landsat
em are made avmlable for noncommercial purposes at a dif-
nt price than such data are made available lor other purposes.
(b) Authority of Secretary.— Subject to subsection (cO, the
■etaiy may impose any of the enforcement mechanisms described
ibsection (c) against a person who —
(1) receives unenhanced data from the Landsat s^tem
imder this Act solely for noncommercial purposes (and at a
different price than the price at which such data are made
available for other purposes); and
(2) uses such data for other than noncommercial purposes.
(c) Enforcement Mechanisms.— Enforcement mechanisms
rred to in subsection (b) may include civil penalties of not
than $10,000 (per day per violation), denial of further
ahanced data purcnasing privileges, and any other penalties
estrictions the Secretary considers necessary to ensure, to the
itest eictent practicable, that unenhanced data provided for non-
mercial purposes are not used to unfairly compete in the
mercial market against private sector entities not eligible for
i at the cost of fulmlinguser requests.
(d) Procedures and Regulations.— The Secret^ shall issue
regulations necessary to carry out this section and shall
blish standards and procedures governing the imposition of
ircement mechanisms under subsection (b). The standards and
edures shall include a procedure for potentially aggrieved par-
to file formal protests with the Secreta^ alleging instances
re such unenhanced data has been, or is being, used for commer-
purposes in violation of the terms of receipt of such data.
I^retary shaU promptly act to investigate any such protest,
shall report annually to the Congress on instances of such
sitions.
HTLE VI— PROHIBITION OF COMMERCIALIZATION OF
WEATHER SATELLITES
.801.PROHIBrnON.
Neither the President nor any other official of the Grovemment
I make any effort to lease, sell, or transfer to the private
r, or conunercialize, any portion of the weather satellite sys-
15 use 5658.
Reports.
15 use 5671.
)6 STAT. 4180 PUBLIC LAW 102-555-OCT. 28, 1992
terns operated by the Department of Commerce or any successor
agen<^.
> use 5672. SEC. HCtt. FUTURE CONSIDERATIONS.
Regardless of any change in circumstances subsequent to the
enactment of this Act, even if such change makes it appear to
be in the national interest to oommerciaBze weather satellites
neither the President nor any official shall take any action prohib^
ited by section 601 unless this title has firet been repealed.
Approved October 28, 1992.
LEGISLATIVE HISTORY— H.R. 6133:
CONGRESSIONAL RECORD, Vol. 138 (1992):
Oct. 5, considered and passed House.
Oct. 7, considered and passed Senate.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 28 (1992):
Oct. 28, Presidential statement.
PUBLIC LAW 102-556— OCT. 28, 1992
106 STAT. 4181
Public Law 102-556
102d Congress
An Act
To protect the public interest and the future development of pay-per-call technology
by providing for the regulation and oversight of the applications and growth
of the pay-per*call industry, and for other purposes.
Be it ermcted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE, FINDINGS.
(a) Short Title. — ^This Act may be cited as the “Telephone
Disclosure and Dispute Resolution Act”.
(b) Findings. — ^The Congress finds the following:
(1) The use of pay-per-call services, most commonly through
the use of 900 telephone numbers, has ^wn exponentially
in the past few years into a national, bulion-dollar industry
as a result of recent technological innovations. Such services
are convenient to consumers, cost-effective to vendors, and
profitable to communications common carriers.
(2) Many pay-per-call businesses provide valuable informa¬
tion, increase consumer choices, and stimulate innovative and
responsive services that benefit the public.
(3) The interstate nature of the pay-^r-call industry means
that its activities are beyond the rea<m of individual States
and therefore requires Federal regulatory treatment to protect
the public interest.
(4) The lack of nationally uniform regulatory guidelines
has led to confusion for callers, subscribers, industry partici¬
pants, and regulatory agencies as to the rights of callers and
the oversight responsibilities of regulatory authorities, and has
allowed some {lav-per-call businesses to engage in practices
that abuse the rights of consumers.
(5) Some interstate pay-per-call businesses have engaged
in practices which are misleading to the consumer, harmiul
to the public interest, or contraiy to accepted standards of
business practices and thus cause harm to the many reputable
businesses that are serving the public.
(6) Because the consumer most often incurs a financial
obligation as soon as a pay-per-call transaction is completed,
the accuracy and descnptiveness of vendor advertisements
become crucial in avoiding consumer abuse. The obligation
for accuracy should include price-per-call and duration-of-call
information, odds disclosure for lotteries, games, and sweep-
stakes, and obligations for obtaining parental consent from
callers under 18.
(7) The continued growth of the legitimate, pay-per-call
industry is dependent upon consumer confidence that unfair
and deceptive behavior will be effectively curtailed and that
consumers will have adequate rights of rediress.
(8) Vendors of telephone-buled goods and services must
also feel confident in their rights and obligations for resolving
Oct. 28, 1992
[H.R. 6191]
Telephone
Disclosure and
Dispute
Resolution Act.
15 use 5701.
106 STAT. 4182
PUBLIC LAW 102-556— OCT. 28, 1992
billing disputes if they are to use this new marketplace for
the s^e of products of more than nominal value.
TITLE I— CARRIER OBUGATIONS AND
CONSUMER RIGHTS CONCERNING
PAY-PER-CALL TRANSACTIONS
SEC. 101. AMENDMENT TO COMMUNICATIONS ACT OF 1934.
Title 11 of the Communications Act of 1934 is amended by
adding at the end thereof the following new section;
47 use 228. <%EC. 228. REGULATION OF CARRIER OFFERING OF PAY-PER*CALL
SERVICES.
“(a) Purpose. — ^It is the purpose of this section —
‘‘(1) to put into effect a system of national regulation and
review that will oversee interstate pay-per-call services; and
‘"(2) to recognize the Commission’s authority to prescribe
regulations and enforcement procedures and conduct oversight
to afford reasonable protection to consumers of pay-per-caU
services and to assure that violations of Federal law do not
occur.
“(b) General Authority for Regulations.— The Commission
by regulation shall, within 270 days after the date of enactment
of th^ section, establish a system for oversight and regulation
of pay-per-call services in order to provide for the protection of
consumers in accordance with this Act and other applicable Federal
statutes and regulations. The Commission’s final rules shall —
“(1) include measures that provide a consumer of pay-
per-call services with adequate and clear descriptions of the
rights of the caller;
‘"(2) define the obligations of common carriers with respect
to the provision of pay-per-call services;
‘"(3) include requirements on such carriers to protect
against abusive practices by providers of pay-per-call services;
“(4) identify procedures by which common carriers and
providers of pay-per-call services may take affirmative steps
to protect against nonpayment of legitimate charges; and
‘"(5) require that any service described in subparagraphs
(A) and (B) of subsection (iXl) be offered only through the
use of certain telephone number prefixes and area codes.
“(c) Common Carrier Obugations.— Within 270 days after
the date of enactment of this section, the Commission shall, by
regulation, establish the followring requirements for common car¬
riers:
“(1) Contractual obligations to comply.— Any common
carrier assigning to a provider of pay-per-call services a tele¬
phone number with a prefix or area code designated by the
Commission in accordance vdth subsection (bX5) shall require
by contract or tariff that such provider comply writh the provi¬
sions of titles 11 and 111 of the Telephone Disclosure and Dispute
Resolution Act and the regulations prescribed by the Federal
Trade Commission pursuant to those titles.
“(2) Information availabiuty.— A common carrier that
by ta^ or contract assigns a telephone number with a prefix
or area code designated by the Commission in accordance with
PUBUC LAW 102-556— OCT. 28, 1992
106 STAT. 4183
subsection (bX5) to a provider of a pay-per-call service shall
make readily available on request to Federal and State agencies
and other interested persons —
**(A) a list of the telephone numbers for each of the
pay-per-call services it carries;
^(B) a short description of each such service;
**(C) a statement of the total cost or the cost per minute
and any other fees for each such service;
**(D) a statement of the pav-per-call service’s name,
business address, and business telephone; and
**(E) such other information as the Commission consid¬
ers necessary for the enforcement of this section and other
applicable Federal statutes and regulations.
“(2) Compliance procedures.— A common carrier that by
contract or tariff assims a telephone number with a prem
or area code designated by the Commission in accordance with
subsection (bX5) to a provider of pay-per-call services shall
terminate, in accordance with procedures specified in such regu¬
lations, the offering of a pav-per-call service of a provider if
the carrier knows or reasonably should know that such service
is not provided in compliance with title 11 or III of the Telephone
Disclosure and Dispute Resolution Act or the regulations pre¬
scribed by the Federal Trade Commission pursuant to such
titles.
**(3) Subscriber disconnection prohibited.— A common
carrier shall not disconnect or interrupt a subscriber’s local
exchange telephone service or long distance telephone service
because of nonpayment of charges for any pay-per-call service.
*'(4) Blocking and presubscription.— A common carrier
that provides local exchange service shall —
‘^(A) offer telephone subscribers (where technically fea¬
sible) the option of blocking access from iheir telephone
number to fm, or to certain specific, prefixes or area codes
used by pay-per-call services, which option —
**(i) shall be offered at no charge (I) to all subscrib¬
ers for a period of 60 days after the issuance of the
relations under subsection (b), and (II) to any sub¬
scriber who subscribes to a new telephone number
until 60 days after the time the new telephone number
is effective; and
‘^(ii) shall otherwise be offered at a reasonable
fee; and
**(B) offer telephone subscribers (where the Commission
determines it is technically and economically feasible), in
combination with the blocking option described under
subparagraph (A), the option of presubscribing to or block¬
ing only specific pay-per-call services for a reasonable one¬
time charge.
The regulations prescribed under subpara^aph (AXi) of this
paragraph may permit the costs of such blocking to be recovered
by contract or tariff, but such costs may not be recovered
from local or long-distance ratepayers. Nothing in this sub¬
section precludes a common carrier from filing its rates and
regulations regarding blocking and presubscription in its inter¬
state tariffs.
“(5) Verification of charitable status.— A common car¬
rier tiiat assigns by contract or tariff a telephone number
106 STAT. 4184
PUBLIC LAW 102-556— OCT. 28, 1992
with a prefix or area code designated by the Commission in
accordance with subsection (bX5) to a provider of pay-per-call
services that the carrier knows or reasonably should know
is engaged in soliciting charitable contributions shall obtain
from such provider proof of the tax exempt status of any person
or organization for which contributions are solicited.
“(6) Billing for soo calls. — ^A common carrier shall pro¬
hibit by tariff or contract the use of any 800 telephone number,
or other telephone number advertised or widely understood
to be toll f^e, in a manner that would result in —
"(A) the calling party being assessed, by virtue of
completing the call, a charge for the call;
‘XB) &e calling party being connected to a pay-per-
call service;
‘XC) the calling party being charged for information
conveyed during the call unless the calling party has a
preexisting agreement to be charged for the information
or ^scloses a credit or charge card number during the
call; or
‘"(D) the calling party being called back collect for the
provision of audio information services or simultaneous
voice conservation services.
“(d) Billing and Collection Practices.— The regulations
required by this section shall require that any common carrier
that by tai^ or contract assigns a telephone number with a prefix
or area code designated by the Commission in accordance with
subsection (bX5) to a provider of a pay-per-call service and that
offers billing and collection services to such provider —
“(1) ensure that a subscriber is not billed —
“(A) for pay-per-call services that such carrier knowrs
or reasonably should know was provided in violation of
the regulations issued piursuant to title II of the Telephone
Disclosure and Dispute Resolution Act; or
“(B) under such other circumstances as the Commission
determines necessary in order to protect subscribers from
abusive practices;
“(2) establish a local or a toll-free telephone number to
answer questions and provide information on subscribers' rights
and obligations with regard to their use of pay-per-caU services
and to provide to caUers the name and mailing address of
any provider of pay-per-call services offered by the common
carrier;
“(3) within 60 days after the issuance of final regulations
pursuant to subsection (b), provide, either directly or throi^h
contract with any local exchange carrier that provides billing
or collection services to the common carrier, to all of such
common carrier's telephone subscribers, to all new subscribers,
and to all subscribers requesting service at a new location,
a disclosure statement that sets forth all rights and obligations
of the subscriber and the carrier with respect to the use and
payment for pay-per-call services, including the right of a sub¬
scriber not to be billed and the applicable blocking option;
and
“(4) in any billing to telephone subscribers that includes
charges for any pay-per-call service —
PUBLIC LAW 102-556--OCT. 28, 1992
106 STAT. 4185
‘‘(A) display any charges for pay-per-call services in
a part of the sub»^ber^s bill that is identified as not
being related to locid and long distance telephone charges;
°(B) for each charge so displayed, specify, at a mini-
munoi, ihe type of service, the amount of the charge, and
ihe date, time, and duration of the call; and
**(0) idenl^ the toll-free number established pursuant
to paragraph (2).
“(e) IlABIUTY.—
‘‘(1) Common carriers not liable for transmission or
BILLING. — ^No common carrier shall be liable for a criminal
or civil sanction or penalty solely because the carrier provided
transmission or billmg and collection for a pav-per-call service
unless the carrier knew or reasonably should have known that
such service was provided in violation of a provision of, or
regulation prescribed pursuant to, title II or III of the Telephone
Disclosure and Dispute Resolution Act or any other F^eral
law. This paragraph shall not prevent the Commission from
imposing a sanction or penalty on a common carrier for a
violation by that carrier of a regulation prescribed under this
section.
**(2) Civil liability. — ^No cause of action may be brought
in any court or administrative agency against any common
carrier or any of its affiUates on account of any act of the
carrier or affiuate to terminate any pay-per-call service in order
to comply vdth the regulations prescribed under this section,
title II or III of the Telephone Disclosure and Dispute Resolu¬
tion Act, or any other Federal law unless the complainant
demonstrates that the carrier or affiliate did not act in good
faith.
“(f) Special Provisions.--
“(1) Consumer refund requirements.— The regulations
required by subsection (d) shall estabUsh procedures, consistent
with the provisions of titles II and III of the Telephone Disclo¬
sure and Dispute Resolution Act, to ensure that carriers and
other parties providing billing and collection services with
respect to pay-per-call services provide appropriate refunds to
subscribers who have been billed for pay-per-call services pursu¬
ant to programs that have been found to have violated this
section or such regulations, any provision of, or regulations
prescribed pursuant to, title II or III of the Telephone Disclo¬
sure and Dispute Resolution Act, or anv other Federal law.
“(2) Recovery of costs. — ^The regulations prescribed by
the Commission under this section shall permit a common
carrier to recover its cost of completing with such regulations
from providers of pay-per-call services, but shall not permit
such costs to be recovered from local or long distance rate¬
payers.
“(3) Recommendations on data pay-per-call.— The
Commission, within one year after the date of enactment of
this section, shall submit to the Congress the Commission’s
recommendations with respect to the extension of regulations
under this section to persons that provide, for a per-call charge,
data services that are not pay-per-^1 services.
“(g) Effect on Other Law.—
“(1) No PREEMPTION OF ELECTION LAW.— Nothing in this
section shall reUeve any provider of pay-per-cidl services, com-
106 STAT. 4186 PUBLIC LAW 102-556— OCT. 28, 1992
mon carrier, local exchan^ carrier, or any other person from
the obligation to comply with Federal, State, and local election
statutes and regulations.
“(2) Consumer protection lAWS.—Noth^ in this section
shall relieve any provider of pay-per-call services, common car¬
rier, local exchange carrier, or any other person from ^e obliga¬
tion to comply with any Federal, State, or local statute or
regulation relating to consumer protection or unfair trade.
‘‘(3) Gambling laws. — Nothing in this section shsdl pre¬
clude any State from enforcii^ its statutes and regulations
with regard to lotteries, wagering, betting, and other gamblii^
activities.
“(4) State authority. — ^Nothing in this section shall pre¬
clude any State from enacting and enforcing additional and
complementary oversight and regulatory systems or procedures,
or both, so long as such systems and procedures govern intra¬
state services and do not significantly impede the enforcement
of this section or other Federal statutes.
“(6) Enforcement of existing regulations.— Nothing in
this section shall be construed to prohibit the Commission
from enforcing regulations prescribed prior to the date of enact¬
ment of this section in fulfilling the requirements of this section
to the extent that such regulations are consistent with the
provisions of this section.
“(h) Effect on Dial-a-Porn Prohibitions.— Nothing in this
section shall affect the provisions of section 223 of this Act.
“(i) Definition of Pay-Per-Call Services.— For purposes of
this section —
“(1) The term ‘pay-per-call services’ means any service —
"(A) in which any person provides or purports to
provide —
‘"(i) audio information or audio entertainment pro¬
duced or packaged by such person;
‘‘(ii) access to simultaneous voice conversation serv¬
ices; or
**(111) any service, including the provision of a prod¬
uct, the dirges for which are assessed on the basis
of the completion of the call;
‘"(B) for which the caller pays a per-call or per-time-
interval charge that is greater than, or in addition to,
the charge for transmission of the call; and
“(C) which is accessed through use of a 900 telephone
number or other prefix or area code designated by the
Gommission in accordance with subsection (bX5).
“(2) Such term does not include directory services provided
by a common carrier or its affiliate or by a local exchange
carrier or its affiliate, or any service the charge for which
is tariffed, or any service for which users are assessed charges
only after entering into a presubscription or comparable
arrangement with the provider of such service.”.
SEC. 102. TECHNICAL AMENDMENT.
47 use 227 note. Section 3(c) of the Telephone Consumer Protection Act of 1991
is amended by striking “section 228” and inserting “section 227”.
PUBLIC LAW 102-556--OCT. 28, 1992
106 STAT. 4187
TITLE n— REGULATION OF UNFAIR AND
DECEPTIVE ACTS AND PRACTICES IN
CONNECTION WITH PAY-PER-CALL
SERVICES
SEC. 201. FEDERAL TRADE COMMISSION REGULATIONR
(a) In General.—
(1) Advertising regulations. — ^The Commission shall pre¬
scribe rules in accordance with this subsection to prohibit unfair
and deceptive acts and practices in an^ advertisement for pay-
per-call services. Such rules shall require that the person offer¬
ing such pay-per-call services —
(A) clearly and conspicuouslv disclose in any advertis¬
ing ihe cost of the use of such telephone number, including
the total cost or the cost per minute and any other fees
for that service and for any other pay-per-call service to
which the caller may be transferred;
(B) in the case of an advertisement which offers a
prize or award or a service or product at no cost or for
a reduced cost, clearly and conspicuously disclose the odds
of being able to receive such prize, award, service, or prod¬
uct at no cost or reduced cost, or, if such odds are not
calculable in advance, disclose the factors determining such
odds;
(C) in the case of an advertisement that promotes
a service that is not operated or expressly authorized by
a Federal agency but that provides information on a Fed¬
eral program, include at the beginning of such advertise¬
ment a clear disclosure that the service is not authorized,
endorsed, or approved by any Federal agency;
(D) shall not direct such advertisement at children
under the age of 12, unless such service is a bona fide
educational service;
(E) in the case of advertising directed primarily to
individuals under the age of 18, clearly and conspicuously
state in such advertising that such individual must have
the consent of such individual’s parent or legal guardian
for the use of such services;
(F) be prohibited from using advertisements that emit
electronic tones which can automatically dial a pay-per-
call telephone number;
(G) ensure that, whenever the number to be called
is shown in television and print media advertisements,
the charges for the call are clear and conspicuous and
(when shown in television advertisements) msplayed for
the same duration as that number is displayed;
(H) in delivering any telephone message soliciting calls
to a pay-per-call service, specify clearly, and at no less
than the audible volume of the solicitation, the total cost
and the cost per minute and any other fees for that service
and for any other pay-per-call service to which the caller
may be transferred; and
(I) not advertise an 800 telephone number, or any
other telephone number advertised or widely understood
16 use 6711.
rAT. 4188
PUBLIC LAW 102-556— OCT. 28, 1992
to be toll free, from which callers are connected to an
access number for a pay-per-call service.
(2) Pay-per-call service standards.— The Commission
shall prescribe rules to require that each provider of pay-
per-call services —
(A) include in each pay-per-call message an introduc¬
tory disclosure message that —
(i) describes the service being provided;
(ii) specifies clearly and at a reasonably under¬
standable volume the total cost or the cost per minute
and any other fees for that service and for any o^er
pay-per-call service to which the caller may be trans¬
ferred;
(iii) informs the caller that charges for the call
begin at the end of the introductory message;
(iv) informs the caller that parental consent is
required for calls made by children; and
(v) in the case of a pay-per-call service that is
not operated or expressly authorized by a Federal
agency but that provides information on any Federal
program, a statement that clearly states that the serv¬
ice is not authorized, endorsed, or approved by any
Federal agency;
(B) enable the caller to hang up at or before the end
of the introductory message without incurring any charge
whatsoever;
(C) not direct such services at children under the age
of 12, unless such service is a bona fide educational service;
(B) stop the assessment of time-based charges imme¬
diately upon disconnection by the caller;
(£) msable any bypass mechanism which allows fre¬
quent callers to avoid listening to the disclosure message
described in subparagraph (A) after the institution of any
price increase and for a period of time sufficient to give
such frequent callers adequate and sufficient notice of file
price change;
(F) be prohibited from providing pay-per-call services
through an 800 number or other telephone number adver¬
tised or widely understood to be toll free;
(G) be prohibited from billing consumers in excess of
the amounts described in the introductory message and
from billing for services provided in violation of the rules
prescribed by the Commission pursuant to this section;
(H) ensure that any billing statement for such provid¬
er’s ch£U*ges shall —
(i) display any charges for pay-per-call services
in a part of the consumer’s bill that is identified as
not being related to local and long distance telephone
charges; and
(ii) for each charge so displayed, specify, at a mini¬
mum, the type of service, the amount of the charge,
and the date, time, and duration of the call;
(I) be liable for refunds to consumers who have been
billed for pay-per-call services pursuant to programs that
have been found to have violated the regulations prescribed
pursuant to this section or title III of this Ai^ or any
other Federal law; and
PUBLIC LAW 102-556— OCT. 28, 1992
106 STAT. 4189
(J) comply with such additional standards as the
Commission may prescribe to prevent abusive practices.
(3) Access to information.— Commission shall by
rule require a common carrier that provides telephone services
to a provider of pay-per-eall services to make available to the
Commission any records and financial information maintained
by such carrier relating to the arrangements (other than for
the provision of local exchanra service) between such carrier
and any provider of ray-per-cafi services.
(4) Evasions.— ^e rules issued by the Commission under
this s^ion shall indude provisions to prohibit unfair or decep¬
tive acts or practices that evade such rules or undermine the
rights provided to customers under this title, including through
the use of alternative billing or other procedures.
(5) Exemptions. — ^The regulations prescribed by the
Commission pursuant to paragraph (2XA) may exempt firom
the requirements of such paragraph —
(A) ccdls from fi^uent callers or regular subscribers
using a bypass mechanism to avoid listening to the disclo¬
sure message required by such regulations, subject to the
requirements of paragraph (2XE); or
(B) pav-per-call services provided at nominal chmrges,
as defin^ by the Commission in such regulations.
(6) Consideration of other rules required.— In
conducting a proceeding under this section, the Commission
shall consider requiring, by rule or regulation, that providers
of pay-per-call services —
(A) automatically disconnect a call after one fiiU cycle
of the program; and
(B) indude a beep tone or other appropriate and dear
signal during a live interactive group program so that
cimers will be alerted to the passage of ^e.
(7) Special rule for infi^uent pubucations.— The
rules prescribed by the Commission under subparagraphs (A)
and (G) of paragraph (1) may permit, in the case of pubhcations
that are widelv distributed, that are printed annually or less
frequently, and that have an established poliqy of not publishing
spe^c prices, advertising that in lieu of the cost disdosures
r^uired by such sd[>paragraphs, dearly and conspicuously dis-
dose that use of the telephone number may result in a substan¬
tial charge.
(8) Treatment of rules. — A rule issued under this sub¬
section shall be treated as a rule issued under section
18(aXlXB) of the Federal Trade Commission Act (16 U.S.C.
67a(aXlXB)).
(b) Rulemakino. — ^The Commission shall prescribe the rules
der subsection (a) within 270 days after the date of enactment
this Act. Such rules shall be prescribed in accordance with
;tion 553 of title 5, United States Code.
(c) Enforcement. — Any violation of any rule prescribed under
i>section (a) shall be treated as a violation of a rule respecting
fiedr or deceptive acts or practices under section 5 of the Fedend
ade Commission Act (15 U.S.C. 45). Notwithstanding section
iX2) of such Act (15 U.S.C. 46(aX2)), communications common
Tiers shall be subject to the jurisdiction of the Commission for
rposes of this title.
06 STAT. 4190
PUBLIC LAW 102-556-OCT. 28, 1992
5 use 5712.
SEC. 202. ACTIONS BY STATES.
(a) In General.— Whenever an attorney general of any State
has reason to believe that the interests of the residents of ^at
State have been or are being threatened or adversely affected
because any person has engaged or is engaging in a pattern or
practice wmen violates any rule of the Commission under section
201(a), the State may bring a civil action on ^half of its residents
in an appropriate district court of the United States to ei\join
such pattern or practice, to enforce compliance with such rule
of the Commission, to obtain damages on behalf of their residents,
or to obtain such further and other relief as the court may deem
appropriate.
(b) Notice. — ^The State shall serve prior written notice of any
civil action under subsection (a) upon the Commission and provide
the Commission with a copy of its complaint, except that if it
is not feasible for the State to provide such prior notice, the State
shall serve such notice immediately upon instituting such action.
Upon receiving a notice respecting a civil action, the Commission
shall have tihe right (1) to intervene in such action, (2) upon so
intervening, to be heard on all matters arising therein, and (3)
to file petitions for appeal.
(c) Venue. — ^Any civil action brought under this section in a
distriri court of the United States may be brought in the district
wherein the defendant is found or is an inhabitant or transacts
business or wherein the violation occurred or is occurring, and
process in such cases may be served in any district in which
the defendant is an inhabitant or wherever the defendant may
be found.
(d) Investigatory Powers.— For purposes of bringing any civil
action under this section, nothing in this Act shall prevent the
attorney general from exercising the powers conferred on the attor¬
ney general by the laws of such State to conduct investigations
or to administer oaths or affirmations or to compel the attendance
of witnesses or the production of documentary and other evidence.
(e) Effect on State Court Proceedings.— Nothing contained
in this section shall prohibit an authorized State omcial from
proceeding in State court on the basis of an alleged violation of
any general dvil or criminal antifraud statute of such State.
(f) Limitation. — ^Whenever the Commission has instituted a
civil action for violation of any rule or regulation under this Act,
no State may, during the penden^ of such action instituted by
the Commission, subsequently institute a civil action against any
defendant named in the Commission’s complaint for violation of
any rule as alleged in the Commission’s complaint.
(g) Actions , BY Other State Officials.—
(1) Nothing contained in this section shall prohibit an
authorized State official from proceeding in State court on
the basis of an alleged violation of any general civil or criminal
statute of such State.
(2) In addition to actions brought by an attorney general
of a State under subsection (a), such an action may be brought
by officers of such State who are authorized by the State
to bring actions in such State for protection of consumers and
who are designated by the Commission to bring an action
under subsection (a) against persons that the Commission has
determined have or are engaged in a pattern or practice which
violates a rule of the Commission under section 201(a).
PUBLIC LAW 102-556--OCT. 28, 1992
106 STAT. 4191
EC. 308. ADMINISTRATION AND APPUCABIUTY OF TITLE.
(a) In General. — Except as otherwise provided in section 202,
his title shall be enforced by the Commission under the Federal
brade Commission Act (15 U.S.C. 41 et seq.). Consequen^, no
ctivity which is outside ^e jurisdiction of that Act shall be af^ted
y this Act, except for purposes of this title.
(b) Actions by the Commission.— The Commission shall pre-
ent any person from violating a rule of the Commission under
ection 201 in the same manner, by the same means, and with
ie same jurisdiction, powers, and duties as though all applicable
arms and provisions of the Federal Trade Commission Act (15
r.S.C. 41 et seq.) were incoxporated into and made a part of
his title. Any person who violates such rule shall be sunject to
he penalties and entitled to the privileges and immunities provided
1 tne Federal Trade Commission Art in the same manner, by
he same means, and with the same jurisdiction, power, and duties
s though all applicable terms and provisions of me Federal Trade
lommission Act were incorporated into and made a part of this
itle.
EC. 204. DEFINITIONS.
For purposes of this title:
(1) ^e term “pay-per-call services” has the meaning pro¬
vided in section 228 of the Communications Act of 1934.
(2) The term ‘‘attorney general” means the chief legal officer
of a State.
(3) The term “State” means any State of the United States,
the District of Columbia, Puerto mco, the Northern Mariana
Islands, and any territory or possession of the United States.
(4) The term “Commission” means the Federal Trade
Commission.
TITLE ni— BILLING AND COLLECTION
C. 301. REGULATIONS.
(a) In General.—
(1) Rules required. — ^The Commission shall, in accordance
with the requirements of this section, prescribe rules establish¬
ing procedures for the correction of billing errors with respect
to telephone-billed purchases. The rules prescribed by the
Commission shall also include provisions to prohibit unfair
or deceptive acts or practices that evade such rules or under¬
mine the rights provided to customers under this title.
(2) Substantial similarity to credit billing.— The
Commission shall promulgate rules under this section that
impose requirements that are substantially similar to ihe
requirements imposed, with respect to the resolution of credit
disputes, under the Tnith in Lending and Fair Credit Billing
Acts (15 U.S.C. 1601 et seq.).
(3) Treatment of rule. — ^A rule issued under parans^
(1) sh^l be treated as a rule issued under section l8(aXl)(B)
of the Federal Trade Commission Act (15 U.S.C. 57(aXlXB)).
(b) Rulemaking Schedule and Procedure.— The Commission
ball prescribe the rules under subsection (a) within 270 days
fter the date of enactment of this Act. Such rules shall be pre-
16 use 5713.
16 use 6714.
16 use 6721.
106 STAT. 4192 PUBLIC LAW 102-556— OCT. 28, 1992
scribed in accordance with section 553 of title 5, United States
Code.
(c) Enforcement.— Any violation of any rule prescribed under
subse^on (a) shall be treated as a violation of a rule under section
5 of the F^eral Trade Commission Act (15 U.S.C. 45) regarding
unfair or deceptive acts or practices. Notwithstanding section 5(aX^
of such Act (15 U.S.C. 45(aX2)), communications common carriers
shall be subject to the jurisdiction of the Commission for purposes
of this title.
(d) Correction of Billing Errors and Correction of
Credit Reports. — ^In prescribing rules under this section, the
Commission shall consider, with respect to telephone-billed pur¬
chases, the following:
(1) The initiation of a billing review by a customer.
(2) Responses b]r billing entities and providing carriers
to the initiation of a billing review.
(3) Investigations concerning delivery of telephone-billed
purchases.
(4) Limitations upon providing carrier responsibilities,
including limitations on a carrier's responsibility to verify deliv¬
ery of audio information or entertainment.
(5) Requirements on actions by billing entities to set aside
chaises from a customer’s billing statement.
(6) Limitations on collection actions by billing entities and
vendors.
(7) The regulation of credit re|Mrts on billing disputes.
(8) The prompt notification of cremt to an account.
(9) Rights of customers and telephone common carriers
regard^g claims and defenses.
(10) The extent to which the regulations should diverge
iinm requirements under the Truth in Lending and Fair Credit
Billing Acts in order to protect customers, and in order to
be cost effective to billing entities.
15 use 5722. SEC. 302. RELATION TO STATE LAWS.
(a) State Law Applicable Unless Inconsistent.— This title
does not annul, alter, or affect, or exempt any person subject to
the provisions of this title from complying wim, the laws of any
State with respect to telephone bilnng practices, except to the
extent that those laws are inconsistent with any provision of this
title, and then only to the extent of the inconsistency. The Commis¬
sion is authorized to determine whether such inconsistencies exist.
The Commission may not determine that any State law is inconsist¬
ent with any provision of this chapter if the Commission determines
that such law gives greater protection to the consumer.
(b) Regulatory Exemptions.— The Commission shall by regu¬
lation exempt from the requirements of this title any class of
telephone-bill^ purchase transactions within any State if it deter¬
mines that under the law of that State that class of transactions
is subject to requirements substantially similar to those imposed
under this chapter or that such law gives greater protection to
the consumer, and that there is adequate provision for enforcement.
15 use 5723. SEC. 303. ENFORCEMENT.
The Commission shall enforce the requirements of this title.
For the purpose of the exercise by the Commission of its functions
and powers under the Federal Trade Commission Act. a violation
PUBLIC LAW 102-556— OCT. 28, 1992
106 STAT. 4193
tion of a requirement imiMsed under that Act. All the functions
powers of the Commission under that Act are available to
Commission to enforce compliance by any person with the
irements imposed under this title, irrespective of whether that
an is engaged in commerce or meets any other iurisdictional
in that Act. The Commission may prescribe such regiUations
re necessary or appropriate to implement the provisions of
title.
304. DEFINITIONS.
^ used in this title —
(1) The term ‘‘telephone-billed purchase” means any pur¬
chase that is completed solely as a consequence of the comple¬
tion of the call or a subseouent dialing, touch tone entry,
:>r comparable action of the caller. Such term does not include —
(A) a purchase by a caller pursuant to a preexisting
agreement with the vendor;
(B) local exchange telephone services or interexchange
telephone services or any service that the Federal Commu¬
nications Commission determines, by rule —
(i) is closely related to the provision of local
exchange telephone services or interexchange tele¬
phone services; and
(ii) is subject to bilUng dispute resolution proce¬
dures required by Federal or State statute or regpila-
tion; or
(C) the purchase of goods or services which is otherwise
subject to billing dispute resolution procedures required
by Federal statute or relation.
(2) A ‘iDilling error” consists of any of the following:
(A) A reflection on a billing statement for a telephone¬
billed purchase which was not made by the customer or,
if made, was not in the amount reflected on such statement.
(B) A reflection on a billing statement of a telephone¬
billed purchase for which the customer requests additional
clarification, including documentary evidence thereof.
(C) A reflection on a billing statement of a telephone¬
billed purchase that was not accepted by the customer
or not provided to the customer in accordance with the
stated terms of the transaction.
(D) A reflection on a billing statement of a telephone¬
billed purchase for a call made to an 800 or other toll
free telephone number.
(E) The failure to reflect properly on a billing statement
a payment made by the customer or a credit issued to
the customer with respect to a telephone-billed purchase.
(F) A computation error or similar error of an account¬
ing nature on a statement.
(G) Failure to transmit the billing statement to the
last known address of the customer, unless that address
was furnished less than twenty days before the end of
the billing cycle for which the statement is required.
(H) ^y other error described in reflations prescribed
by the Commission pursuant to section 553 of title 5,
United States Code.
(3) The term “Commission” means the Federal Trade
Commission.
15 use 5724.
106 STAT. 4194
PUBLIC LAW 102-556— OCT. 28, 1992
(4) The term ‘‘providing carrier” means a local exchange
or interexchange common carrier providing telrahone services
(other than locm exchange services) to a vendor for a telephone-
bill^ purchase that is the subject of a billing error complaint.
(5) The term ‘Vendor” means any person who, tnrough
the use of the telephone, offers goods or services for a telephone-
bill^ purchase.
(6) The term “customer” means any person who acouires
or attempts to acquire goods or services in a telephone-oilled
purchase.
TITLE IV— MISCELLANEOUS
PROVISIONS
SEC. 401. PROPOSAL FOR DEMONSTRATING THE POTENTIAL OF
INNOVATIVE COMMUNICATIONS EQUIPMENT AND SERV¬
ICES.
(a) Demonstration Proposal. — ^Within 180 days after the date
of enactment of this Act, the Assistant Secretary of Ener^ for
Conservation and Renewable Ener^, in consultation with Die
Assistant Secretf^ of Commerce for Communications and Informa¬
tion, shall submit to Confess a proposal for demonstrating the
ability of new and innovative communications equipment and serv¬
ices to further the national goals of conserving ener^ and protecting
public health and safety.
Factors To Be Addressed. — ^The demonstration proposal
required by subsection (a) shall address —
(1) the feasibility of using communications technologies
to read meters from remote locations;
(2) the feasibility of managmg the consumption of electrical
power and natural gas by residences and businesses, thereby
reducing the demand for new and additional sources of energy,
and controlling the cost of providing unproved utility services;
and
(3) the public safety implications of monitoring utility serv¬
ices outages during earthquakes, hiuricanes, typhoons, torna¬
does, volcanoes, and other natural disasters.
(c) Project To Demonstrate Energy Conservation Poten¬
tial. — ^Upon submission of the demonstration proposal to the Con¬
gress, the Secretary of Energy shall consider re<|uesting from the
Assistant Secretmy of Commerce for Communications and Informa¬
tion the authority to use radio frequencies, pursuant to section
305 of the Communications Act of 1934 (47 U.S.C. 305), to carry
out demonstration projects consistent with the proposal that are
designed to demonstrate the energy conservation potential of
communications technologies and which are administered by the
Secretary of Energy.
SEC. 402. TECHNICAL AMENDMENTS.
Section 227(bX2) of the Communications Act of 1934 (47 U.S.C.
227(bX2)) is amended —
(1) by striking “and” at the end of subparagraph (A);
(2) by striking the period at the end of subparagraph (B)
and inserting “; and”; and
(3) by inserting after subparagraph (B) the following new
subparagraph:
PUBLIC LAW 102-556— OCT. 28, 1992
106 STAT. 4195
“(C) may, by rule or order, exempt from the require¬
ments of paragraphs (IXAXiii) of this subsection calls to
a telephone number assigned to a cellular telephone service
that are not charged to the called party, subject to such
conditions as the Commission may prescribe as necessary
in the interest of the privacy rights ^s section is intended
to protect.”.
1C. 403. INTERCEPTION OF CELLULAR TELECOMMUNICATIONS.
(a) Amendment. — Section 302 of the Communications Act of
34 (47 U.S.C. 302) is amended by adding at the end the following
w subsection:
‘"(d)(1) Within 180 days after the date of enactment of this
bsection, the Commission shall prescribe and make effective reg^-
bions denying equipment authorization (under part 15 of title
, Code of Federal Regulations, or any other part of that title)
: any scanning receiver that is capable of—
""(A) receiving transmissions in the frequencies allocated
to the domestic cellular radio telecommunications service,
“(B) readily being altered by the user to receive trans¬
missions in such frequencies, or
"‘(C) being equipped with decoders that convert digital cel¬
lular transmissions to analog voice audio.
“(2) Beginning 1 year after the effective date of the regulations
.opted pursuant to paragraph (1), no receiver having the capabili-
!S described in subpara^aph (A), (B), or (C) of paragraph (1),
such capabilities are denned in such regpilations, shall be manu-
:tured in the United States or imported for use in the United
ates.”.
(b) Report to Congress. — ^The Commission shall report to
mgress no later than June 1, 1993, on available security features
: both analog and digital radio signals. This report shall include
study of security teclmologies currently available as well as those
development. The study shall assess the capabilities of such
:hnologies, level of security afforded, and cost, with wide-spread
ployment of such technologies.
(c) Effect on Other Laws.— This section shall not affect sec-
in 2512(2) of title 18, United States Code.
Approved October 28, 1992.
:GISLATIVE HIST0RY-H.R. 6191:
)NGRESSI0NAL record, Vol. 138 (1992):
Oct. 5, considered and passed House.
Oct. 7, considered and passed Senate.
47 use 302a.
Regulations.
47 use 302a
note.
106 STAT. 4196
PUBLIC LAW 102-557— OCT. 28, 1992
Oct. 28, 1992
[H.J. Res. 546]
Public Law 102-557
102d Congress
Joint Resolution
Designating February 4, 1993, and Februaiy 3, 1994, as "National Women and Girls
in Sports Day".
Whereas women’s athletics is one of the most effective avenues
available for women of the United States to develop self-discipline,
initiative, confidence, and leadership skills;
Whereas s]^rt8 and fitness activities contribute to emotional and
physical well-being;
Whereas women need strong bodies as well as strong minds;
Whereas the Msto^ of women in sports is rich and long, but
there has been little national reception of the significance of
women’s athletic achievements;
Whereas the number of women in leadership TOsitions as coaches,
officials, and administrators has declined drastically since the
passage of title IX of the Education Amendments of 1972;
Wheresis there is a need to restore women to leadership positions
in athletics to ensure a fair representation of the abilities of
women and to provide role models for young female athletes;
Whereas the bonds built between women through athletics help
to break down the social barriers of racism and prejudice;
Whereas the communication and cooperation skills learned through
athletic experience play a key role in the contributions of an
athlete at home, at work, and to society;
Whereas women’s athletics has produced such winners as Flo
Hyman, whose spirit, talent, and accomplishments distinguished
her above others and exhibited the true meaning of fairness,
determination, and team play;
Whereas parents feel that sports are equally important for boys
and ^Is and that sports and fitness activities provide important
benefits to pi'Is who participate;
Whereas early motor skill training and eqjoyable experiences of
physical activity strongly influence lifelong habits of physical
fitness;
Whereas the performances of female athletes in the Ol3rmpic games
are a source of inspiration and pride to the United States;
Whereas the athletic opportunities for male students at the colle¬
giate and high school levels remain significantly greater than
those for fem^e students; and
Whereas the number of funded research projects focusing on the
specific needs of women athletes is limited and the information
provided by the projects is imperative to the health and perform¬
ance of future women athletes: Now, therefore, be it
Resolved by the Senate and House of Representatives of the
United States of America in Con^ss assembled, That —
(1) February 4, 1993, and February 3, 1994, are designated
as National Women and Girls in Sports Day”; and
PUBUC LAW 102-557— OCT. 28, 1992
106 STAT. 4197
(2) the President is authorized and requested to issue a
proclamation caHkig on local and State jurisdictions, appro¬
priate Federal agencies, and the people of the United States
to observe the day with appropriate ceremonies and activities.
Approved October 28, 1992.
j-
LEGISLATIVE HISTORY— H.J. Res. 646 (S J. Res. 829):
30NGRESSIONAL RECORD, Vol. 188 (1992):
Sept. 80, considered and passed House.
Oct. 8, considered and passed Senate.
106 STAT. 4198
PUBLIC LAW 102-558— OCT. 28, 1992
Oct. 28, 1992
[S. 347]
Defense
Production Act
Amendments
of 1992.
50 use app.
2061 note.
Public Law 102-558
102d Congress
An Act
To amend the Defense Production Act of 1950 to revitalize the defense industrial
base of the United States, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1, SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title. — ^This Act may be cited as the “Defense Pro¬
duction Act Amendments of 1992”.
(b) Table of Contents.—
Section 1. Short title; table of contents.
TITLE I— AMENDMENTS TO THE DEFENSE PRODUCTION ACT OF 1950
Part A— Declaration of Policy
Sec. 101. Declaration of policy.
Part B— Amendments to Title I of the Defense Production Act
Sec. 111. Strengthening of domestic capabihty and assistance for small businesses.
Sec. 112. Limitation on actions without congressional authorization.
Part C— Amendments to Title III of the Defense Production Act
Sec. 121. Expanding the reach of existing authorities under title III.
Sec. 122. Defense Production Act Fund.
Sec. 123. Declaration of offset policy.
Sec. 124. Annual report on impact of offsets.
Sec. 125. Civil-military integration.
Sec. 126. Testing, qualification, and use of industrial resources developed under
title III projects.
Part D— Amendments to Title VII of the Defense Production Act
Sec. 131. Small business.
Sec. 132. Definitions.
Sec. 133. Appointment of personnel.
Sec. 134. Regulations and orders.
Sec. 135. Information on the defense industrial base.
Sec. 136. Public participation in rulemaking.
Part E— Technical Amendments
Sec. 141. Technical correction.
Sec. 142. Investigations; records; reports; subpoenas.
Sec. 143. Employment of persoi.uel.
Sec. 144. Techmeal correction.
Part F— Repealers and Conforming Amendments
Sec. 151. Synthetic fuel action.
Sec. 162. Repeal of interest payment provisions.
Sec. 153. Jomt Committee on Defense Production.
Sec. 154. Persons disqualified for employment.
Sec. 165. Feasibility study on uniform cost accounting standards; report submitted.
Sec. 156. National commission on supplies and shortages.
Part G — Reauthorization of Selected Provisions
Sec. 161. Authorization of appropriations.
Sec. 162. Extension of proCTam.
Sec. 163. Presidential study.
TITLE II— ADDITIONAL PROVISIONS TO IMPROVE INDUSTRIAL
PREPAREDNESS
Sec. 201. Discouraging unfair trade practices.
106 STAT. 4199
PUBLIC LAW 102-558— OCT. 28, 1992
202. Fraudulent use of “Made in America” labels.
203. Evaluation of domestic defense industrial base policy.
TITLE III— MISCELLANEOUS PROVISIONS
301. Energy security.
302. Domestic retail deposit-taking by foreign banks.
303. Deposit insurance assessment rates for lifeline account deposits.
304. Effective date.
305. Provisional repeal of duplicative provisions.
TITLE I—AMENDMENTS TO THE
DEFENSE PRODUCTION ACT OF 1950
PART A— DECLARATION OF POLICY
L 101. DECLARATION OF POLICY.
Section 2 of the Defense Production Act of 1950 (50 U.S.C.
2062) is amended to read as follows:
C. 2. DECLARATION OF POLICY.
“(a) Findings. — ^The Congress finds that —
“(1) the vitality of the industrial and technology base of
the United States is a foundation of national security that
provides the industrial and technological capabilities employed
to meet national defense requirements, in peacetime and in
time of national emergency;
“(2) in peacetime, the health of the industrial and techno¬
logical base contributes to the technological superiority of
United States defense equipment, which is a cornerstone of
the national security strategy, and the efficiency with which
defense equipment is developed and produced;
“(3) in times of crisis, a healthy industrial base will be
able to effectively provide the CTaduated response needed to
effectively meet the demands of the emergency;
“(4) in view of continuing international problems, the
Nation’s demonstrated reliance on imports of materials and
components, and the need for measures to reduce defense pro¬
duction lead times and bottlenecks, and in order to provide
for the national defense and national security, the United States
defense mobilization preparedness effort continues to require
the development of —
“(A) preparedness programs;
“(B) domestic defense industrial base improvement
measures;
“(C) provisions for a graduated response to any
threatening international or military situation;
“(D) the expansion of domestic productive capacity
beyond the levels needed to meet the civilian demand;
and
“(E) some diversion of certgun materials and facilities
from civilian use to military and related purposes.
“(5) to meet the requirements referred to in this subsection,
this Act affords to the President an array of authorities to
shape defense preparedness programs and to take appropriate
steps to maintain and enhance the defense industrial and
technological base;
“(6) the activities referred to in this subsection are needed '
in order to —
“(A) improve domestic defense industrial base efficiency
and responsiveness;
“(B) reduce the time required for industrial mobiliza¬
tion in the event of an attack on the United States; or
“(C) to respond to actions occurring outside of the
United States which could result in the termination or
reduction of the availability of strategic and critical mate¬
rials, including energy, and which could adversely affect
the national defense preparedness of the United States;
“(7) in order to ensure national defense preparedness, which
is essential to national security, it is necessary and appropriate
to assure the availability of domestic energy supplies for
national defense needs;
“(8) to further assure the adequate maintenance of the
defense industrial base, to the maximum extent possible, such
supplies should be augmented through reliance on renewable
fuels, including solar, geothermal, and wind energy and ethanol
and its derivatives, smd on ener^ conservation measures;
“(9) the domestic defense industrial base is a component
part of the core industrial capacity of the Nation;
“(10) much of the industrial capacity which is relied upon
by the Federal Grovemment for military production and other
defense-related purposes is deeply and Erectly influenced by —
“(A) the overall competitiveness of tne United States
industrial economy; and
“(B) the ability of United States industry, in general,
to produce internationally competitive producto and operate
profitably while maintaining adequate research and devel¬
opment to preserve that competitive edge in the future,
with respect to military and civilian production;
“(11) the domestic defense industrial base is developing
a growing dependency on foreim sources for critical components
and materials used in manufacturing and assembling msgor
weapons systems for the national defense;
^(12) such dependence is threatening the capability of many
critic^ industries to respond rapidly to defense production
needs in the event of war or otner hostilities or diplomatic
confrontation; and
“(13) the inabihty of United States industry, especially
smaller subcontractors and suppliers, to provide vital parts
and components and other materials would impair our anility
to sustam United States Armed Forces in combat for longer
than a short period.
“(b) Statement of Poucy.— It is the policy of the United
States that —
“(1) in order to ensure productive capacity in the event
of an attack on the United States, the United States should
encourage the geographic dispersal of industrial facilities in
the United States to oiscourage the concentration of such pro¬
ductive facilities within limited geographic areas which are
vulnerable to attack by an enemy of the United States;
“(2) to ensiire that essential mobilization requirements are
met, ronsideration should also be mven to stockpiling strategic
materials to the extent that such stockpiling is economical
and feasible;
“(3) in the construction of aiw Government-owned indus¬
trial facility, in the rendition of any (government financial
PUBLIC LAW 102-558— OCT. 28, 1992
106 STAT. 4201
issistance for the construction, expansion, or improvement of
my industrial facility, and in the production of goods and
jervices, under this or any other Act, each department and
igency of the executive branch should apply, under the
joordmation of the Federal Emergency Management Agency,
vhen practicable and consistent with existing law and the
iesirability for maintaining a sound economy, the principle
)f the geographic dispersal of such facilities in the interest
)f national defense, except that nothing in this paragraph shall
jreclude the use of existing industrial facilities;
“(4) to ensure the adequacy of productive capacity and
supply, executive agencies and departments responsible for
lefense acquisition should continuously assess the capability
)f the domestic defense industrial base to satisfy peacetime
'equirements as well as increased mobilization production
'equirements, specifically evaluating the avEiilability of ade-
luate production sources, including subcontractors and suppli¬
ers, materials, skilled labor, and professional and technical
jersonnel;
“(5) every effort should be made to foster cooperation
jetween the defense and commercial sectors for research and
ievelopment and for acquisition of materials, components, and
equipment; and
*‘(6) plans and programs to cany out this section shall
je undertaken with due consideration for promoting efficiency
md competition.”.
ART B—AMENDMENTS TO TITLE I OF THE
DEFENSE PRODUCTION ACT
111. STRENGTHENING OF DOMESTIC CAPABBLnY AND ASSIST¬
ANCE FOR SMALL BUSINESSES.
ritle I of the Defense Production Act of 1950 (60 U.S.C. App.
, et seq.) is amended by adding at the end the followmg
sections:
. 107. STRENGTHENING DOMESTIC CAPABILITY.
(a) In General. — ^Utilizing the authority of title III of this
>r any other provision of law, the President may provide appro-
e incentives to develop, rngiintEiin, modernize, and expand the
uctive capacities of domestic sources for critical components,
:al technology items, and industrial resources essential for the
ition of the nation^ security strategy of the United States.
‘(b) Critical Components and Critical Technology Items.—
“(1) Identification.—
“(A) In general. — The President, acting through the
Secretary of Defense, shall identify critical components and
critical technology items for each item on the Critical Items
List of the Commanders-in-Chief of the Unified and Speci¬
fied Commands and other items within the inventory of
weapon systems and defense equipment.
“(B) Definition. — ^Any component identified as critical
by a National Security Assessment conducted pursuant
to section 113(i) of title 10, United States Code, or by
a Presidential determination as a result of a petition filed
under section 232 of the Trade Expansion Act of 1962
shall be designated as a critical component for purposes
50 use app.
2077.
President.
106 STAT. 4202
PUBLIC LAW 102-558— OCT. 28, 1992
President.
50 use app.
2078.
President.
of this Act, unless the President determines that the des¬
ignation is unwarranted.
“(2) Maintenance of reliable sources of supply.— The
President shall take appropriate actions to assure that critical
components or critical technology items are available from reli¬
able sources when needed to meet defense requirements during
peacetime, graduated mobilization, and national emergency.
“(3) Appropriate action. — ^For purposes of this subsection,
appropriate action may include —
“(A) restricting contract solicitations to reliable sources;
“(B) restricting contract solicitations to domestic
sources pursuant to—
“(i) section 2304(b)(1)(B) or section 2304(c)(3) of
title 10, United States Code;
“(ii) section 303(b)(1)(B) or section 303(c)(3) of the
Federal Property and Administrative Services Act of
1949; or
“(iii) other statutory authority;
“(C) stockpiling critical components; and
“(D) developing substitutes for a critical component
or a critical technology item.
“SEC. 108. MODERNIZATION OF SMALL BUSINESS SUPPLIERS.
“(a) In General. — In providing any assistance under this Act,
the President shall accord a strong preference for small business
concerns which are subcontractors or suppliers, and, to the maxi¬
mum extent practicable, to such small business concerns located
in areas of high unemployment or areas that have demonstrated
a continuing pattern of economic decline, as identified by the Sec¬
retary of Labor.
“(b) Modernization of Equipment.—
“(1) In general. — Funds authorized under title III may
be used to guarantee the purchase or lease of advance manufac¬
turing equipment, and any related services with respect to
any such equipment for purposes of this Act.
“(2) Small business suppliers. — In considering proposals
for title III projects under paragraph (1), the President shall
provide a strong preference for proposals submitted by a small
business supplier or subcontractor whose proposal —
“(A) has the support of the department or agency which
will provide the guarantee;
“(B) reflects that the small business concern has made
arrangements to obtain (qualified outside assistance to sup¬
port the effective utilization of the advanced manufacturing
equipment being proposed for installation; and
“(C) meets the requirements of section 301, 302, or
303.”.
SEC. 112. LIMITATION ON ACTIONS WITHOUT CONGRESSIONAL
AUTHORIZATION.
Section 104 of the Defense Production Act of 1950 (50 U.S.C.
App. 2074) is amended to read as follows:
“SEC. 104. LIMITATION ON ACTIONS WITHOUT CONGRESSIONAL
AUTHORIZATION.
“(a) Wage or Price Controls. — No provision of this Act shall
be interpreted as providing for the imposition of wage or price
106 STAT. 4203
PUBLIC LAW 102-558— OCT. 28, 1992
trols without the prior authorization of such action by a joint
alution of Congress.
“(b) Chemical or Biological Weapons.— No provision of title
f this Act shall be exercised or interpreted to require action
compliance by any private person to assist in any way in the
duction of or other involvement in chemical or biological warfare
abilities, unless authorized by the President (or the President’s
gnee who is serving in a position at level I of the Executive
ledule in accordance with section 5312 of title 5, United States
Le) without further redelegation.”.
ART C—AMENDMENTS TO TITLE III OF THE
DEFENSE PRODUCTION ACT
!. 121. EXPANDING THE REACH OF EXISTING AUTHORITIES UNDER
TITLE m.
(a) Guarantee Authority. — Section 301 of the Defense Produc-
i Act of 1950 (50 U.S.C. App. 2091) is amended —
(1) in subsection (a)(1), by striking “to expedite production
and deliveries or services under (government contracts for the
procurement of materials or the performance of services for
the national defense” and inserting “to expedite or expand
production and deliveries or services under Government con¬
tracts for the procurement of industrial resources or critical
technology items essential to the national defense”;
(2) by amending subsection (a)(3)(A) to read as follows:
“(A) the guaranteed contract or activity is for industrial
resources or a critical technology item which is essential to
the national defense;”;
(3) in subsection (a)(3)(B) —
(A) by striking “Without” and inserting “without”; and
(B) by striking “the capability for the needed material
or service” and inserting ‘1;he needed industrial resources
or critical technology item”;
(4) by amending subsection (a)(3)(D) to read as follows:
“(D) the combination of the United States national
defense demand and foreseeable nondefense demand is not
less than the output of domestic industrial capability, as
determined by the President, including the output to be
established tlu-ough the guarantee.”;
(5) in subsection (e)(1)(A), by striking “Except during peri¬
ods of national emergency declared by the Congress or the
President” and inserting “Except as provided in subparagraph
(D)”;
(6) in subsection (e)(1)(C), by striking “$25,000,000” and
inserting “$50,000,000”; and
(7) subsection (e)(1), by adding at the end the following
new subparagraph:
“(D) The requirements of subparagraphs (A), (B), and
(C) may be waived —
“(i) during periods of national emergency declared
by the Congress or the President; or
“(ii) upon a determination by the President, on
a nondelegable basis, that a specific guarantee is nec¬
essary to avert an industrial resource or critical tech¬
nology shortfall that would severely impair national
defense capability.”.
106 STAT. 4204 PUBLIC LAW 102-558— OCT. 28, 1992
(b) Loans to Private Business Enterprises.— Section 302
of the Defense Production Act of 1950 (50 U.S.C. App. 2092) is
amended —
(1) in subsection (a), by striking “for the procurement of
materials or the performance of services for the national
defense’' and inserting “for the procurement of industrial
resources or a critical technology item for the national defense”;
(2) by amending subsection (b)(2XD) to read as follows:
“(D) the combination of the United States national
defense demand and foreseeable nondefense demand is not
less than the output of domestic industrial capability, as
determined by the President, including the output to be
established tlmough the loan.”;
(3) in subsection (c)(1), by striking “No such loan may
be made under this section, except during periods of national
emergency declared by the Congress or the President” and
inserting “Except as provided in paragraph (4), no loans may
be made under this section”;
(4) in subsection (c)(3), by striking “$25,000,000” and insert¬
ing “$50,000,000”; or
(5) in subsection (c), by adding at the end the following
new paragraph:
“(4) The requirements of paragraphs (1), (2), and (3) may
be waived —
“(A) during periods of national emergency declared by
the Congress or the President; and
“(B) upon a determination by the President, on a
nondelegable basis, that a specific guarantee is necessary
to avert an industrial resource or critical technology short¬
fall that would severely impair national defense capabil¬
ity.”.
(c) Purchases ajod Purchase Commitments.—
(1) In general. — Section 303(a) of the Defense Production
Act of 1950 (50 U.S.C. App. 2093(a)) is amended to read as
follows:
“(a) Presidential Provisions.—
“(1) In general. — ^To assist in carrying out the objectives
of this Act, the President may make provision —
“(A) for purchases of or commitments to purchase an
industrial resource or a critical technology item, for Govern¬
ment use or resale; and
“(B) for the encouragement of exploration, develop¬
ment, and mining of critical and strategic materials, and
other materials.
“(2) Treatment of certain agricultural commodities.—
Purchases for resale under this subsection shall not include
that part of the supply of an agricultural commodity which
is domestically produced, except to the extent that such domes¬
tically produced supply may be purchased for resale for indus¬
trial use or stockpiling.
“(3) Terms of sales. — ^No commodity purchased under this
subsection shall be sold at less than —
“(A) the established ceiling price for such commodity,
except that minerals, metals, and materials shall not be
sold at less than the established ceiling price, or the current
domestic market price, whichever is lower; or
PUBLIC LAW 102-558— OCT. 28, 1992 106 STAT. 4205
“(B) if no ceiling price has been established, the higher
of—
“(i) the current domestic market price for such
commodity; or
“(ii) the minimum sale price established for agri¬
cultural commodities owned or controlled by the Com¬
modity Credit Corporation, as provided in section 407
of the Agricultural Act of 1949.
“(4) Delivery dates. — No purchase or commitment to pur¬
chase any imported agricultural commodity shall specify a deliv¬
ery date which is more than 1 year after the expiration of
this section.
“(5) Presidential determinations.— Except as provided
in paragraph (7), the President may not execute a contract
under this subsection unless the President determines that —
“(A) the industrial resource or critical technology item
is essential to the national defense;
“(B) without Presidential action imder the authority
provided for in this section, United States industry cannot
reasonably be expected to provide the capabilify for the
needed industrial resource or criticEil technology item in
a timely manner;
“(C) purchases, purchase commitments, or other action
pursuant to this section are the most cost-effective, expedi¬
ent, and practical alternative method for meeting the need;
and
“(D) the combination of the United States national
defense demand and foreseeable nondefense demand for
the industrial resource or critical technology item is not
less than the output of domestic industrial capability, as
determined by the President, including the output to be
established through the purchase, purchase commitment,
or other action.
“(6) Identification of shortfall. —
“(A) In general. — Except as provided in paragraph
(7), the President shall take no action under tWs section
unless the industrial resource shortfall which such action
is intended to correct has been identified in the Budget
of the United States, or amendments thereto, submitted
to the Congress and accompanied by a statement from
the President demonstrating that the budget submission
is in accordance with the provisions of paragraph (5).
“(B) Timing of action. — Any such action may be taken
only a^r 60 days have elapsed after such industrial
resource shortfall has been identified pursuant to subpara¬
graph (A).
“(C) Limitation. — If the taking of any action or actions
under this section to correct an industrial resource shortfall
would cause the aggregate outstanding amount of all such
actions for such industrial resource shortfall to exceed
$50,000,000, any such action or actions may be taken only
if specifically authorized by law.
“(7) Waiver. — ^The requirements of paragraphs (1) through
(6) may be waived —
“(A) during periods of national emergency declared by
the Congress or the President; or
106 STAT. 4206
PUBLIC LAW 102-558— OCT. 28, 1992
President.
Reports.
50 use app.
2099 note.
“(B) upon a determination by the President, on a
nondelegable basis, that a specific ^arantee is necessary
to avert an industrial resource or critical technology short¬
fall that would severely impair national defense capabU-
ity.”.
(2) Purchase periods.— Section 303(b) of the Defense Pro¬
duction Act of 1950 (50 U.S.C. 2093(b)) is amended by striking
“September 30, 1995” and inserting “a date that is not more
than 10 years from the date such purchase, purchase commit¬
ment, or sale was initially made”.
(d) Developing Substitutes. — Section 303(g) of the Defense
Production Act of 1950 (50 U.S.C. App. 2093(gT) is amended by
inserting before the period the following: “, critical components,
critical technology items, and other industrial resources”.
SEC. 122. DEFENSE PRODUCTION ACT FUND.
Section 304 of the Defense Production Act of 1950 (50 U.S.C.
App. 2094) is amended to read as follows:
“SEC. 304. DEFENSE PRODUCTION ACT FUND.
“(a) Establishment of Fund.— There is established in the
Treasury of the United States a separate fund to be known as
the Defense Production Act Fund (hereafter in this section referred
to as ‘the Fund’).
“(b) Moneys in Fund. — There shall be credited to the Fund—
“(1) all moneys appropriated for the Fund, as authorized
by section 711(c); and
“(2) all moneys received by the Fund on transactions
entered into pursuant to section 303.
“(c) Use of Fund. — ^The Fund shall be available to cany out
the provisions and purposes of this title, subject to the limitations
set forth in this Act and in appropriations Acts.
“(d) Duration of Fund. — ^Moneys in the Fund shall remain
available imtil expended.
“(e) Fund Balance. — ^The Fund balance at the close of each
fiscal year shall not exceed $400,000,000, excluding any monevs
appropriated to the Fund during that fiscal year or obligated funas.
If, at the close of any fiscal year, the Fund balance exceeds
$400,000,000, the amoimt in excess of $400,000,000 shall be paid
into the general fund of the Treasury.
“(f) Fund Manager. — The President shall designate a Fimd
manager. The duties of the Fund manager shall include —
“(1) determining the liability of the Fund in accordance
with subsection (g);
“(2) ensuring the visibility and accountability of trans¬
actions engaged in through the Fund; and
“(3) reporting to the Congress each year regarding activities
of the Fund during the previous fiscal year.
“(g) Liabilities Against Fund. — ^When any agreement entered
into pursuant to this title after December 31, 1991, imposes any
contingent liability upon the United States, such liability shall
be considered an obligation against the Fund.”.
SEC. 123. declaration OF OFFSET POLICY.
(a) In General. — Recognizing that certain offsets for military
exports are economically inefficient and market distorting, and
mindful of the need to minimize the adverse effects of offsets
in military exports while ensuring that the ability of United States
PUBLIC LAW 102-558— OCT. 28, 1992
106 STAT. 4207
s to compete for military export sales is not undermined, it
e policy of the Congress that —
(1) no agency of the United States Government shall
encourage, enter directly into, or commit United States firms
to any offset arrangement in connection with the sale of defense
goods or services to foreign governments;
(2) United States Government funds shall not be used
to finance offsets in security assistance transactions, except
in accordance with policies and procedures that were in exist¬
ence on March 1, 1992;
(3) nothing in this section shall prevent agencies of the
United States Government from fulfilling obligations incurred
through international agreements entered into before March
, 1992; and
(4) the decision whether to engage in offsets, and the
responsibility for negotiating and implementing offset arrange¬
ments, reside with the companies involved.
'b) Presidential Approval of Exceptions.— It is the policy
le Congress that the President may approve an exception to
policy stated in subsection (a) after receiving the rec-
lendation of the National Security Council.
^c) Consultation. — It is the policy of the Congress that the
ident shall designate the Secretary of Defense to lead, in
iination with the Secretary of State, an interagency team to
ult with foreign nations on limiting the adverse effects of offsets
efense procurement. The President shall transmit an annual
rt on the results of these consultations to the Congress as
of the report required under section 309(a) of the Defense
uction Act of 1950.
124. ANNUAL REPORT ON IMPACT OF OFFSETS.
Section 309 of the Defense Production Act of 1950 (50 U.S.C.
2099) is amended —
(1) in subsection (a) —
(A) by striking “(a) Report Required.— Not later” and
inserting: “(a) Annual Report on Impact of Offsets. —
“(1) Report required. — Not later”;
(B) by striking the second sentence; and
(C) by adding at the end the following new paragr^h:
“(2) Duties of the secretary of commerce.— The Sec¬
retary of Commerce (hereafter in this subsection referred to
as ‘the Secretary’) shall —
“(A) prepare the report required by paragraph (1);
“(B) consult with the Secretary of Defense, the Sec¬
retary of the Treasury, the Secretary of State, and the
United States Trade Representative in connection with the
preparation of such report; and
“(C) function as the President’s Executive Agent for
caniying out this section.”;
(2) by amending subsection (b) to read as follows:
‘(b) Interagency Studies and Related Data.—
“(1) Purpose of report.— Each report required under sub¬
section (a) shall identify the cumulative effects of offset agree¬
ments on —
“(A) the full range of domestic defense productive
capability (with special attention paid to the firms serving
as lower-tier subcontractors or suppliers); and
President.
Reports.
)6 STAT. 4208
PUBUC LAW 102-558-OCT. 28, 1992
“(B) the domestic defense technology base as a con¬
sequence of the technology transfers associated with such
offset agreements.
“(2) Use of data. — Data developed or compiled by any
agency while conducting any interagency study or other
independent study or an^ysis shall be made available to the
Secretary to facilitate the execution of the Secretary’s respon¬
sibilities with respect to trade offset and countertrade policy
development.”; and
(3) by adding at the end the following new subsections:
“(c) Notice of Offset Agreements. —
“(1) In general. — ^If a United States firm enters into a
contract for the sale of a weapon system or defense-related
item to a foreign country or foreign firm and such contract
is subject to an offset agreement exceeding $5,000,000 in value,
such firm shall furnish to the official designated in the regula¬
tions promulgated pursuant to paragraph (2) information con¬
cerning such sale.
“(2) Regulations. — ^The information to be furnished under
paragraph (1) shall be prescribed in regulations promulgated
by the Secretary. Such regulations shall provide protection
from public disclosure for such information, unless public disclo¬
sure is subsequently specifically authorized by the firm fur¬
nishing the information.
“(d) Contents of Report.—
“(1) In general. — Each report under subsection (a) shall
include —
“(A) a net assessment of the elements of the industrial
base and technology base covered by the report;
“(B) recommendations for appropriate remedial action
under the authority of this Act, or other law or regulations;
“(C) a summary of the findings and recommendations
of any interagency studies conducted during the reporting
period under subsection (b);
“(D) a summary of offset arrangements concluded dur¬
ing the reporting period for which information has been
fu^shed pursuant to subsection (c); and
“(E) a summary smd analysis of any bilateral and mul¬
tilateral negotiations relating to the use of offsets completed
during the reporting period.
“(2) Alternative findings or recommendations.— Each
report required under this section shall include any fidtemative
findings or recommendations offered by any departmental Sec¬
retary, agency head, or the United States TVade Representative
to the Secretary.
“(e) Utilization of Annual Report in Negotiations. — ^The
findings and recommendations of the reports required by subsection
(a), and any interagency reports and analyses shall be considered
by representatives of the United States during bilateral and multi-
later^ negotiations to minimize the adverse effects of offsets.”.
SEC. 126. CIVIL-MILITARY INTEGRATION.
Title III of the Defense Production Act of 1950 is amended
by adding at the end the following new section:
PUBLIC LAW 102-558— OCT. 28, 1992
106 STAT. 4209
JIO. CIVIL-MILITARY INTEGRATION. 50 USC app.
bi important purpose of this title is the creation of production
ity that will remain economically viable after guarantees and
assistance provided under this title have expired.”.
26. TESTING, QUALIFICATION, AND USE OF INDUSTRIAL
RESOURCES DEVELOPED UNDER TITLE HI PROJECTS.
.) In General. — ^Not later than 270 days after the date of
nent of this Act, the single govemmentwide Federal Acquisi-
legulation, referred to in section 25(c)(1) of the Office of
al Procurement PoUcy Act (41 U.S.C. 421(c)(1)) shall be
led to provide for testing and quaUfication (pursuant to sub-
1 (b)) and use (pursuant to subsection (c)) of the industrial
•ces manufactured or developed with assistance provided
section 301, 302, or 303 of the Defense Production Act of
) Testing and Qualification.— Any testing and qualification
ed for the use or incorporation of the industrial resource
ped or manufactured with such assistance shall be under-
upon the request of the title III project contractor and the
)f such testing and qualification shall be borne by the depart-
or agency imposing the testing and quaUfication requirement.
) Use. — ^Upon qu^ification, the industrial resource shaU be
e for use with respect to the development and manufacture
aajor system or an item of supply being undertaken by an
;ive agency.
) Definitions. — ^For purposes of this section —
(1) the term “industrial resources” has the same meaning
; in section 702(11) of the Defense Production Act of 1950;
(2) the term “item of supplV’ has the same meaning as
section 4(10) of the Office of Federal Procurement Policy
(3) the term “major system” has the same meaning as
section 4(9) of the Office of Federal Procurement Policy
zt; and
(4) the term “title III project contractor” means a contractor
bo has received assistance for the development or manufac-
re of an industrial resource under section 301, 302, or 303
the Defense Production Act of 1950 (50 U.S.C. App. 2091-
)93).
IT D—AMENDMENTS TO TITLE VII OF THE
DEFENSE PRODUCTION ACT
tl. SMALL BUSINESS.
jction 701 of the Defense Production Act of 1950 (50 U.S.C.
151) is amended to read as follows:
^01. SMALL BUSINESS.
a) Participation. — Small business concerns shall be given
Eiximum practicable opportunity to participate as contractors,
iibcontractors at various tiers, in all programs to maintain
irengthen the Nation’s industrial base and technology base
taken pursuant to this Act.
o) Administration of Act. — In administering the pro^ams,
enting regulations, policies, and procedures imder this Act,
)6 STAT. 4210
PUBLIC LAW 102-558— OCT. 28, 1992
requests, applications, or appeals from small business concerns
shall, to the maximum extent practicable, be expeditiously handled.
"(c) Advisory Committee Participation.— Representatives of
small business concerns shall be afforded the maximum opportunity
to participate in such advisory committees as may be established
pursuant to this Act.
“(d) Information. — ^Information about this Act and activities
undert^en in accordance with this Act shall be made available
to small business concerns.
"(e) Allocations Under Section 101.— Whenever the Presi¬
dent makes a determination to exercise any authority to allocate
any material pursuant to section 101, small business concerns shall
be accorded, to the extent practicable, a fair share of such material,
in proportion to the share received by such business concerns under
normal conditions, giving such special consideration as may be
possible to emerging small business concerns.”.
SEC. 132. DEFINITIONS.
Section 702 of the Defense Production Act of 1950 (50 U.S.C.
App. 2152) is amended to read as follows:
“SEC. 702. DEFINITIONS.
“For purposes of this Act, the following definitions shall apply:
“U) Critical component. — ^The term ‘critical component’
includes such components, subsystems, systems, and related
special tooling and test equipment essential to the production,
repair, maintenance, or operation of weapon systems or other
items of military equipment identified by the Secretai^ of
Defense as being essential to the execution of the national
security strategy of the United States. Components identified
as critical by a National Security Assessment conducted pursu¬
ant to section 113(i) of title 10, United States Code, or by
a Presidential determination as a result of a petition filed
under section 232 of the Trade Expansion Act of 1962 shall
be designated as critical components for purposes of this Act,
unless the President determines that the designation is
unwarranted.
“(2) Critical industry for national security.— The term
‘critical industry for national security means any industry (or
industry sector) identified pursuant to section 2503(6) of title
10, United States Code, and such other industries or industry
sectors as may be designated by the President as essential
to provide industrial resources required for the execution of
the national security strategy of the United States.
"(3) Critical technology. — ^The term ‘critical technolo^
includes any technology that is included in 1 or more of the
glans submitted pursuant to section 6681 of title 42, United
tates Code, or section 2508 of title 10, United States Code
(unless subsequently deleted), or such other emerging or dual
use technology as may be designated by the President.
“(4) Critical technology item. — ^The term ‘critical tech-
nolo^ item’ means materials directly employing, derived from,
or utilizing a critical technology.
"(5) Defense contractor. — ^The term ‘defense contractor’
means any person who enters into a contract with the United
States —
"(A) to fiiniish materials, industrial resources, or a
critical technology for the national defense; or
PUBLIC LAW 102-558— OCT. 28, 1992
106 STAT. 4211
"(B) to perform services for the national defense.
“(6) Domestic defense industrial base.— The term
omestic defense industrial base’ means domestic sources
ch are providing, or which would be reasonably expected
t provide, materi^s or services to meet national defense
squirements during peacetime, graduated mobilization,
tional emergency, or war.
“(7) Domestic source. — The term ‘domestic source’ means
business concern —
“(A) that performs in the United States or Canada
substantially all of the research and development, engineer¬
ing, manufacturing, and production activities required of
such business concern imder a contract with the United
States relating to a critical component or a critical tech¬
nology item; and
“(B) that procures from business concerns described
in subparagraph (A) substantially all of any components
and assemblies required under a contract with the United
States relating to a critical component or critical technology
item.
“(8) Essential weapon system.— The term ‘essential
eapon system’ means a major weapon system and other items
‘ military equipment identified by the Secretary of Defense
} being essential to the execution of the national security
rategy of the United States.
“(9) Facilities. — ^The term ‘facilities’ includes all types of
lildings, structures, or other improvements to real property
ut excluding farms, churches or other places of worship, and
ivate dwelling houses), and services relating to the use of
ly such building, structure, or other improvement.
“(10) Foreign source. — The term ‘foreign source’ means
business entity other than a ‘domestic source’.
“(11) Industrial resources.— The term ‘industrial
ssources’ means materials, services, processes, or manufactur-
Lg equipment (including the processes, technologies, and
icillary services for the use of such equipment) needed to
itablish or maintain an efficient and modem national defense
idustrial capacity.
“(12) Materials. — ^The term ‘materials’ includes —
“(A) any raw materials (including minerals, metals,
and advanced processed materials), commodities, articles,
components (including critical components), products, and
items of supply; and
“(B) any technical information or services ancillary
to the use of any such materials, commodities, articles,
components, products, or items.
“(13) National defense.— The term ‘national defense’
eans programs for military and energy production or construc-
on, military assistance to any foreign nation, stockpiling,
)ace, and any directly related activity.
“(14) Person. — ^The term ‘person’ includes an individual,
uporation, partnership, association, or any other organized
'oup of persons, or legal successor or representative thereof,
• any State or local government or agency thereof.
“(15) Services. — The term ‘services’ includes any effort
lat is needed for or incidental to —
106 STAT. 4212
PUBLIC LAW 102-558— OCT. 28, 1992
50 use app.
2171.
President.
“(A) the development, production, processing, dis¬
tribution, delivery, or use of an industrial resource or a
critical technology item; or
“(B) the construction of facilities.
“(16) Small busi^ss concern.— The term ‘small business
concern’ means a business concern that meets the requirements
of section 3(a) of the Small Business Act and the regulations
promulgated pursuant to that section, and includes such busi¬
ness concerns owned and controlled by socially and economically
disadvantaged individuals or by women.
“(17) Small business concern owned and controlled
BY SOCIALLY AND ECONOMICALLY DISADVANTAGED INDIVID¬
UALS. — ^The term ‘small business concern owned and controlled
by socially and economically disadvantaged individuals’ has
the same meaning as in section 8(d)(3)(C) of the Small Business
Act.”.
SEC. 133. APPOINTMENT OF PERSONNEL.
Section 703 of the Defense Production Act of 1950 (50 U.S.C.
App. 2153) is amended to read as follows:
“SEC. 703. CIVILIAN PERSONNEL.
“Any officer or agency head may —
“(1) appoint civilian personnel without regard to section
5331(b) of title 5, United States Code, and without regard
to the provisions of title 5, United States Code, governing
appointments in the competitive service; and
“(2) fix the rate of basic pay for such personnel without
regard to the provisions of chapter 51 and subchapter III of
chapter 53 of title 5, United States Code, relating to classifica¬
tion and General Schedule pay rates,
except that no individual so appointed may receive pay in excess
of the annual rate of basic pay payable for GS-18 of the General
Schedule, as the President deems appropriate to carry out this
Act.”.
SEC. 134. REGULATIONS AND ORDERS.
Section 704 of the Defense Production Act of 1950 (50 U.S.C.
App. 2154) is amended to read as follows:
“SEC. 704. REGULATIONS AND ORDERS.
“(a) In General. — Subject to section 709 and subsection (b),
the President may prescribe such regulations and issue such orders
as the President may determine to be appropriate to carry out
this Act.
“(b) Procurement Regulations.— Any procurement regula¬
tion, procedure, or form issued pursuant to subsection (a) shah
be issued pursuant to section 25 of the Office of Federal Procure¬
ment Policy Act, and shall conform to any govemmentwide procinre-
ment policy or regulation issued pursuant to section 6 or 25 of
that Act.”.
SEC. 135. INFORMATION ON THE DEFENSE INDUSTRIAL BASE.
Title VII of the Defense Production Act of 1950 (50 U.S.C.
App. 2151 et seq.) is amended by adding at the end the following
new section:
“SEC. 722. DEFENSE INDUSTRIAL BASE INFORMATION SYSTEM.
“(a) Establishment Required. —
PUBLIC LAW 102-558— OCT. 28, 1992
106 STAT. 4213
“(1) In general. — The President, acting through the Sec-
retaiy of Defense and the heads of such other Federal agencies
as the President may determine to be appropriate, shall provide
for the establishment of an information system on the domestic
defense industrial base which —
“(A) meets the requirements of this section; and
“(B) includes a systematic continuous procedure, to
collect and analyze information necessary to evaluate —
“(i) the adequacy of domestic industrial capacity
to furnish critical components and critical technology
items essential to the national security of the United
States;
“(ii) dependence on foreign sources for critical com¬
ponents and critical technology items essential to
defense production; and
“(iii) the reliability of foreign sources for critical
components and critical technology items.
“(2) Incorporation of dinet. — ^The Defense Information
Network (or DINET), as established and maintained by the
Secretary of Defense on the date of enactment of the Defense
Production Act Amendments of 1992, shall be incorporated
into the system established pursuant to paragraph (1).
“(3) Use of information. — ^Information collected and ana¬
lyzed imder the procedure estabhshed pursuant to paragraph
U) shall constitute a basis for making any determination to
exercise any authority imder this Act and a procedure for
using such information shall be integrated into the decision¬
making process with regard to the exercise of any such author¬
ity.
“(b) Sources of Information.—
“(1) Foreign dependence. —
“(A) Scope of information review.— The procedure
estabhshed to meet the requirement of subsection
(a)(l)(B)(ii) shall address defense production with respect
to the operations of prime contractors and at least the
first 2 tiers of subcontractors, or at lower tiers if a critical
component is identified at such lower tier.
“(B) Use of existing data collection and review
CAPABILITIES. — To the extent feasible and appropriate, the
President shall build upon existing methods of data collec¬
tion and analysis and shall integrate information available
from intelhgence agencies with respect to industrial and
technological conditions in foreign countries.
“(C) Initial emphasis on priority lists.— In establish¬
ing the procedure referred to in subparagraph (A), the
Secretary may place initial emphasis on the production
of critical components and critical technology items.
“(2) Production base analysis.—
“(A) Comprehensive review. — The analysis of the pro¬
duction base for any major system acquisition included
in the information system maintained pursuant to sub¬
section (a) shall, in addition to any information and analy¬
ses the President may require —
“(i) include a review of all subcontractors and sup-
phers, beginning with any raw material, special alloy,
or composite material involved in the production of
a completed system;
106 STAT. 4214
PUBLIC LAW 102-558— OCT. 28, 1992
Reports.
“(ii) identify each contractor and subcontractor (or
supplier) at each level of production for such major
system acquisition which represents a potential for
dela3dng or preventing the system’s production and
acquisition, including the identity of each contractor
or subcontractor whose contract qualifies as a foreign
source or sole source contract and any supplier which
is a foreign source or sole source for any item required
in the production, including critical components; and
“(iii) include information to permit appropriate
management of accelerated or surge production.
“(B) Initial requirement for study of production
BASES FOR not MORE THAN 6 MAJOR WEAPON SYSTEMS.—
In establishing the information system under subsection
(a), the P*resident, acting through the Secretary of Defense,
shall require an analysis of the production base for not
more than 2 weapons of each mihtary department which
are major systems (as defined in section 2302(5) of title
10, United States Code). Each such analysis shaill identify
the critical components of each system.
“(3) Consultation regarding the census of manufac¬
turers.—
“(A) In general. — ^The Secretary of Commerce, acting
through the Bureau of the Census, shall consult with the
Secretary of Defense and the Director of the Federal Emer¬
gency Management Agency to improve the usefulness of
information derived from the Census of Manufacturers in
carrying out this section.
“(B) Issues to be addressed.— The consultation
required under subparagraph (A) shall address improve¬
ments in the level of detail, timeliness, and availability
of input and output analyses derived from the Census
of Manufacturers necessary to carry out this section.
“(c) Strategic Plan for Developing Comprehensive Sys¬
tem.—
“(1) Plan required. — ^Not later than December 31, 1993,
the President shall provide for the establishment of and report
to the Congress on a strategic plan for developing a cost-
effective, comprehensive information system capable of identify¬
ing on a timely, ongoing basis vulnerability in critical compo¬
nents and critical technology items.
“(2) Assessment of certain procedures.— In establishing
the plan pursuant to paragr^h (1), the President shall assess
the performance and cost-effectiveness of procedures imple¬
mented under subsection (b), and shall seek to build upon
such procedures, as appropriate.
“(d) Capabilities of System.—
“(1) In general. — In connection with the establishment
of the information system under subsection (a), the President
shall direct the Secreta^ of Defense, the Secretary of Com¬
merce, and the heads of such other Federal agencies as the
President may determine to be appropriate —
“(A) to consult with each other and provide such
information, assistance, and cooperation as may be nec-
essa^ to establish and maintain the information system
required bv this section in a manner which allows the
coordinated and efficient entry of information on the domes-
PUBLIC LAW 102-558— OCT. 28, 1992
106 STAT. 4215
tic defense industrial base into, and the withdrawal, subject
to the protection of proprietary data, of information on
the domestic defense industrial base from the system on
an on-line interactive basis by the Department of Defense;
“(B) to assure access to the information on the system,
as appropriate, for all participating Federal agencies,
including each military department;
“(C) to coordinate standards, definitions, and specifica¬
tions for information on defense production, which is col¬
lected by the Department of Defense and the military
departments so that such information can be used by any
Federal agency or department, as the President determines
to be appropriate; and
“(D) to assure that the information in the system is
updated, as appropriate, with the active assistance of the
private sector.
“(2) Task force on military-civilian participation. —
Upon the establishment of the information system under sub¬
section (a), the President shall convene a task force consisting
of the Secretary of Defense, the Secretary of Commerce, the
Secretary of each military department, and the heads of such
other Federal agencies and departments as the President may
determine to be appropriate to establish guidelines and proce¬
dures to ensure that all Federal agencies and departments
which acquire information with respect to the domestic defense
industrial base are folly participating in the system, unless
the President determines that all appropriate Federal agencies
and departments, including each military department, are vol¬
untarily providing information which is necessary for the sys¬
tem to carry out the purposes of this Act and chapter 148
of title 10, United States Code.
“(e) Report on Subcontractor and Supplier Base.—
“(1) Report required. — ^The President shall issue a report
(in accordance with paragraph (4) which includes —
“(A) a list of critical components, technologies, and
technology items for which there is found to be inadequate
domestic industrial capacity or capability; and
“(B) an assessment of those subsectors of the economy
of the United States which —
“(i) support production of any component, tech¬
nology, or technology item listed pursuant to subpara¬
graph (A); or
“(ii) have been identified as being critical to the
development and production of components required
for the production of weapons, weapon systems, and
other notary equipment essential to the national
defense.
“(2) Matters to be considered. — ^The assessment made
under paragraph (IXB) shall include consideration of—
“(A) the capacity of domestic sources, especially com¬
mercial films, to fiiUEill peacetime requirements and grad¬
uated mobilization requirements for various items of supply
and services;
“(B) any trend relating to the capabilities of domestic
sources to meet such peacetime and mobilization require¬
ments;
69-194 0—93 - 19:QL3(Pt. 6)
106 STAT. 4216
PUBLIC LAW 102-558— OCT. 28, 1992
Federal
Register,
publication.
“(C) the extent to which the production or acquisii
of various items of military material is dependent on fore
sources* and
“(D) any reason for the decline of the capabilitiei
selected sectors of the United States economy necess
to meet peacetime and mobilization requireme
including —
^‘(i) stability of defense requirements;
“(ii) acquisition policies;
“(iii) vertical integration of various segment*
the industrial base;
“(iv) superiority of foreign technology and pro<
tion efficiencies;
“(v) foreign government support of nondome
sources; and
“(vi) offset arrangements.
“(3) Policy recommendations. — The report required
paragraph (1) may provide specific policy recommendation
correct deficiencies identified in the assessment, which wc
help to strengthen domestic sources.
“(4) Time for issuance. — ^The report required by param
(1) shall be issued not later than July 1 of each even-numb*
year which begins after 1992.
“(5) Release of unclassified report.— The re;
required by this subsection may be classified. An unclassi
version of the report shall be made available to the publ
SEC. 136. PUBUC PARTICIPATION IN RULEMAKING.
(a) In General. — Section 709 of the Defense Production
of 1950 (50 U.S.C. 2159) is amended to read as follows:
“SEC. 709. PUBUC PARTICIPATION IN RULEMAKING.
“(a) Exemption From the Administrative Procedure Ac
Any regulation issued under this Act shall not be subject to sect
551 through 559 of title 5, United States Code.
“(b) Opportunity for Notice and Comment.—
“(1) In general. — Except as provided in subsection
any relation issued under this Act shall be pubHshec
the Federal Register and opportunity for public comment s
be provided for not less than 30 days, consistent with
requirements of section 553(b) of title 5, United States C
“(2) Waiver for temporary provisions.— The reqi
ments of paraOTaph (1) may be waived, if—
‘\A) the officer authorized to issue the regulation f
that urgent and compeUing circumstances make complis
with such requirements impracticable;
“(B) the regulation is issued on a temporary bj
and
“(C) the publication of such temporary regulatio
accompanied by the finding made imder subparagraph
(and a brief statement of the reasons for such find
and an opportimity for public comment is provided
not less th^ 30 days before any regulation becomes £
“(3) Consideration of public comments.— All comm
received during the public comment period specified pursi
to paragraph (1) or (2) shall be considered and the publics
of the final regulation shall contain written responses to t
comments.
PUBLIC LAW 102-558— OCT. 28, 1992
106 STAT. 4217
“(c) Public Comment on Procurement Regulations.— Any
•ocurement policy, regulation, procedure, or form (including any
nendment or modification of any such policy, reflation, proce-
ire, or form) issued under this Act shall be subject to section
5 of the Office of Federal Procurement Policy Act.”.
(b) Scope of Application. — Section 709 of the Defense Produc-
3n Act of 1950 (50 U.S.C. App. 2159), as amended by subsection
) of this section, shall not apply to any regulation issued in
‘oposed or final form on or before the date of enactment of this
:t.
PART E— TECHNICAL AMENDMENTS
3C. 141. TECHNICAL CORRECTION.
Section 301(e)(2)(B) of the Defense Production Act of 1950 (50
.S.C. App. 2091(e)(2)(B)) is amended by striking “and to the Com-
ttees on Banking and Currency of the respective Houses” and
serting “and to the Committee on Banking, Housing, and Urban
[fairs of the Senate and the Committee on Banl^g, Finance
id Urban Affairs of the House of Representatives”.
SC. 142. INVESTIGATIONS; RECORDS; REPORTS; SUBPOENAS.
Section 705 of the Defense Production Act of 1950 (50 U.S.C.
pp. 2155) is amended —
(1) by striking “subpena” each place such term appears
and inserting “subpoena”;
(2) by redesignating subsections (c), (d), (e), and (f) as
subsections (b), (c), (d), and (e), respectively;
(3) in subsection (c) (as redesignated by paragraph (2)),
by striking “$1,000” and inserting “$10,000”;
(4) in subsection (d) (as redesignated by paragraph (2)),
by striking all after the first sentence; and
(5) in subsection (e) (as redesignated by paragraph (2)),
by striking “subpenaed” and inserting “subpoenaed”.
SC. 143. EMPLOYMENT OF PERSONNEL.
(a) Notice of Appointment and Financial Disclosure for
MPLOYEES Serving Without Compensation.— Section 710(b)(6)
' the Defense Production Act of 1950 (50 U.S.C. App. 2160(b)(6))
amended to read as follows:
“(6) Notice and financial disclosure requirements.—
“(A) Public notice of appointment.— The head of any
department or agency who appoints any individual under this
subsection shaU publish a notice of such appointment in the
Federal Re^ster, including the name of the appointee, the
employing department or agency, the title of the appointee’s
position, and the name of the appointee’s private employer.
“(B) Financial disclosure.— Any individual appointed
under this subsection who is not required to file a Vandal
disclosure report pursuant to section 101 of the Ethics in (gov¬
ernment Act of 1978, shall file a confidential financial disclosure
report pursuant to section 107 of that Act with the appointing
department or agency.”.
(b) Technical Amendments.— Section 710(b) of the Defense
reduction Act of 1950 (50 U.S.C. App. 2160(b)) is amended —
(1) in paragraph (7) —
50 use app.
2159 note.
Federal
Register,
publication.
Reports.
)6 STAT. 4218
PUBLIC LAW 102-558— <3CT. 28, 1992
(A) by striking “Chairman of the United States Civil
Service Commission” and inserting “Director of the Office
of Personnel Management”;
(B) by striking “his findings” and inserting “his or
her ^dings”;
(C) by striking “and the Joint Committee on Defense
Production”; and
(D) by striking “he may” and inserting “he or she
maj^’; and
(2) in paragraph (8), by striking “transportation and not
to exceed $15 per diem in lieu of subsistence while away from
their homes or regular places of business pursuant to such
appointment” and inserting “reimbursement for travel, subsist¬
ence, and other necessary expenses incurred by them in carry¬
ing out the functions for which they were appointed in the
same manner as persons employed intermittently in the Federal
Government are allowed expenses under section 5703 of title
5, United States Code”.
SEC. 144. TECHNICAL CORHECTION.
Section 711(a)(1) of the Defense Production Act of 1950 (50
U.S.C. App. 2161(a)(1)) is amended by striking “Bureau of the
Budget” and inserting “Office of Management and Budget”.
PART F— REPEALERS AND CONFORMING
AMENDMENTS
SEC. 161. SYNTHETIC FUEL ACTION.
Section 307 of the Defense Production Act of 1950 (50 U.S.C.
App. 2097) is amended —
(1) in subsection (b), by striking the second sentence; and
(2) by striking subsection (c) and all that follows through
the end of the section.
SEC. 152. REPEAL OF INTEREST PAYMENT PROVISIONS.
Section 711 of the Defense Production Act of 1950 (50 U.S.C.
App. 2161) is amended —
(1) by striking subsection (b); and
(2) in subsection (a)—
(A) by striking “(a)(1) Except as provided in paragraph
(2) and paragraph (4)” and inserting the following:
“(a) Authorization.—
“(1) In general. — Except as provided in subsection (c),”;
(B) in paragraph (1), in the parenthetical, by striking
“and for payment of interest under subsection (b) of this
section”;
(C) by striking paragraph (2);
(D) in paragraph (3), by striking “(3) There are” and
inserting the following:
“(b) Section 305 Authorization.—”; and
(E) in paragraph (4) —
(i) by striking “(4)(A) There are” and inserting
the following:
“(c) Section 303 Authorization.— There are”; and
(ii) by striking subparagraph (B).
PUBLIC LAW 102-558— OCT. 28, 1992
106 STAT. 4219
sc. 153. JOINT COMMITTEE ON DEFENSE PRODUCTION.
Section 712 of the Defense Production Act of 1950 (50 U.S.C.
pp. 2162) is repealed.
SC. 154. PERSONS DISQUALIFIED FOR EMPLOYMENT.
Section 716 of the Defense Production Act of 1950 (50 U.S.C.
pp. 2165) is repealed.
SC. 155. FEASIBILITy STUDY ON UNIFORM COST ACCOUNTING
STANDARDS; REPORT SUBMITTED.
Section 718 of the Defense Production Act of 1950 (50 U.S.C.
pp. 2167) is repealed.
SC. 156. NATIONAL COMMISSION ON SUPPLIES AND SHORTAGES.
Section 720 of the Defense Production Act of 1950 (50 U.S.C.
pp. 2169) is repealed.
PART G— REAUTHORIZATION OF SELECTED
PROVISIONS
!C. 161. AUTHORIZATION OF APPROPRIATIONS.
Section 711 of the Defense Production Act of 1950 (50 U.S.C.
pp. 2161) (as amended by section 152 of this Act) is amended
' adding at the end the following new subsection:
“(d) Title III Authorization. — ^There are authorized to be
»propriated for each of fiscal years 1993, 1994, and 1995 not
ore than $200,000,000 to carry out the provisions of title III
this Act.”.
JC. 162. EXTENSION OF PROGRAM.
The first sentence of section 717(a) of the Defense Production
:t of 1950 (50 U.S.C. App. 2166(a)) is amended by striking “March
1992” and inserting “September 30, 1995”.
!C. 163. PRESIDENTIAL STUDY.
Section 721 of the Defense Production Act of 1950 (50 U.S.C.
pp. 2170) is amended by adding at the end the following new
ibsection:
“(k) Quadrennial Report.—
“(1) In general. — In order to assist the Congress in its
oversight responsibilities with respect to this section, the Presi¬
dent and such agencies as the President shall designate shall
complete and furnish to the Congress, not later than 1 year
after the date of enactment of this section and upon the expira¬
tion of every 4 years thereafter, a report which —
“(A) evaluates whether there is credible evidence of
a coordinated strategy by 1 or more coimtries or companies
to acquire United States companies involved in research,
development, or production of critical technologies for which
the United States is a leading producer; and
“(B) evaluates whether there are industrial espionage
activities directed by foreign governments against private
United States companies aimed at obtaining commercial
secrets related to critical technologies.
“(2) Definition. — For the purposes of this subsection, the
term ‘critical technologies’ means technologies identified under
title VI of the National Science and Technology Policy,
Organization, and Priorities Act of 1976 or other critical tech-
President.
106 STAT. 4220
PUBLIC LAW 102-558~OCT. 28, 1992
Regulations.
Regulations.
SO use app.
2062 note.
nology, critical components, or critical technology items essen¬
tial to national defense identified pursuant to this section.
“(3) Release of unclassified study.— The report required
by tfa^ subsection may be classified. An unclassified version
of the report shall be made available to the public.”.
TITLE II— ADDITIONAL PROVISIONS TO
IMPROVE INDUSTRIAL PREPAREDNESS
SEC. 201. DISCOURAGING UNFAIR TRADE PRACTICES.
(a) Suspension or Debarment Authorized.— Not later than
270 days after the date of enactment of this Act, subpart 9.4
of title 48, Code of Federal Regulations (or any successor regulation)
shall be amended to specify me circumstances imder which a con¬
tractor, who has engaged in an unfair trade practice, as defined
in subsection (b), may be found to presently lack such business
integrity or business honesty to such a degree as to seriously
andl dii^tly affect the responsibility of the contractor to perform
any contract awarded by the Federal Government or perform a
subcontract under such a contract.
(b) Definition of ‘Unfair Trade Practice”.— For purposes
of this section, the term ‘Sinfair trade practice” means the commis¬
sion of any of the following acts by a contractor:
(1) Unfair trade practices. — ^An unfair trade practice,
as determined by the International Trade Commission, for a
violation of section 337 of the Tariff Act of 1930 (19 U.S.C.
1337).
(2) Violation of agreements of cocom.— A violation,
as determined by the Secretary of Commerce, of any am*eement
of the group known as the “Coordinating Committee^ for {pur¬
poses of the Export Administration Act of 1979 or any siinilar
bilateral or miiltilateral export control agreement.
(3) False statements. — knowingly false statement
regarding a material element of a certification concerning the
foreign content of an item of supply, as determined by the
Secretary of the department or the head of the agency to
which such certificate was fiimished.
SEC. 202. fraudulent USE OF ‘‘MADE IN AMERICA** LABELS.
Not later than 270 days after the date of enactment of this
Act, subpart 9.4 of title 48, Code of Federal Regulations (or any
successor regulation) shaU be amended to specify that anv person
having been determined to have intentionally affixed a label bearing
a “Made in America” inscription (or any inscription having the
same meaning) to a product sold in or ship{>ed to the United
States may, when such product was not made in the United States,
be found to presently lack business integrily or business honesty
to such a degree as to seriously and directiy affect tiie res{>onsibilify
of such person to perform any contract awarded by the Federal
Government or perform a subcontract \mder such a contract.
SEC. 203. EVALUATION OF DOBIESTIC DEFENSE INDUSTRIAL BASE
POUCY.
(a) Congressional Commission on the Evaluation of
Defense Industrial Base Policy (hereafter in this section referred
to as the “Commission”).
(b) Duties of the Commission.—
(1) In general. — ^The Commission shall develop criteria
for maintaining the strength of the domestic defense industrial
base for piuposes of supporting the national security strategy
of the United States.
(2) Consideration of agency procedures and activi¬
ties. — ^In developing criteria under para^aph (1), the Commis¬
sion shall consider, with respect to ea^ Federsil agency and
department which has any res^nsibility for maintmning the
strength of the domestic defense industrial base —
(A) the extent to which the statutory authority, policies,
regulations, organizational arrangements, plans, programs,
and budgets of such agency or department are adequate
for the purpose of maintaining the strength of the domestic
defense industrial base; and
(B) the degree to which such authority, policies, regula¬
tions, arrangements, plans, programs, and budgets are
being effectively implement^ and sufficiently coordinated
(witlm the agency or department and with other Federal
agencies and departments).
(3) Evaluation of civil-military integration.— The
Commission, in developing criteria under paranaph (1) and
considering agency procedures and activities under paragraph
(2), shall evaluate the feasibility of integrating defense research,
development, production, acquisition, and other relevant con¬
tracting activities with similar activities in the commercial
sector, and the degree to which such integration is being imple¬
mented by the agency or department.
(c) Membership.—
(1) Number and appointment.— The Commission shall be
composed of 9 members, including —
(A) 3 members appointed by the Speaker of the House
of Representatives (2 of whom shall be appointed upon
the recommendation of the majority leader of the House
of Representatives and 1 of whom shall be appointed upon
the recommendation of the minority leader of the House
of Representatives) from among individuals who are espe¬
cially Qualified to serve on the Commission by reason of
their education, training, or experience;
(B) 3 members appointed by the President pro tempore
of the Senate (2 of whom shall be appointed upon the
recommendation of the m^ority leader of the Senate and
1 of whom shall be appointed upon the recommendation
of the minority leader of the Senate) from among individ¬
uals who are especially qualified to serve on the Commis¬
sion by reason of their education, training, or experience;
and
(C) 3 members appointed by a majority of the members
appointed under subparagraphs (A) and (B) fiom among
individuals who are especially qualified to serve on the
Commission by reason of their education, training, or
experience.
(2) Terms.—
(A) In general. — ^Each member shall be appointed
for the life of the Commission.
106 STAT. 4222
PUBLIC LAW 102-558— OCT. 28, 1992
(B) Vacancy. — ^A vacancy in the Commission shall be
filled in the same manner in which the original appoint¬
ment was made.
(3) PROfflBmON ON COMPENSATION.—
(A) In general. — Except as provided in subparagraph
(B), members of the Commission shall serve without pay.
(B) Travel expenses. — Each member shall receive
travel expenses, includmg per diem in heu of subsistence,
in accordance with sections 5702 and 5703 of title 5, United
States Code.
(4) Quorum. — ^A majority of the members of the Commis¬
sion shall constitute a quorum, but a lesser number may hold
hearings.
(5) Chairperson. — ^The Chairperson of the Commission
shall be elected by the members of the Commission from among
the individuals appointed under pareigraph (1)(C).
(6) Meetings. — ^The Commission shall meet at the call
of the Chairperson or a majority of the members.
(d) Powers of Commission. —
(1) Hearings and sessions.—
(A) In general. — ^The Commission may, for the pur¬
pose of carrying out this section, hold hearings, sit and
act at times and places, take testimony, and receive evi¬
dence as the Commission considers appropriate.
(B) Administration of oaths.— The Commission may
administer oaths or affirmations to witnesses appearing
before the Commission.
(2) Powers of members and agents.— Any member or
agent of the Commission may, if authorized by the Commission,
t^e any action which the Commission is authorized to take.
(3) Obtaining official data. —
(A) Authority to obtain. — ^Notwithstanding any pro¬
vision of section 552a of title 5, United States Code, the
Commission may secure directly from any department or
agency of the United States information necessary to enable
the Commission to cany out this Act.
(B) Procedure. — ^Upon request of the Chairperson of
the Commission, the head of a department or agency
referred to in subparagraph (A) shall furnish the informa¬
tion requested to the Commission.
(C) Use of information.— The Commission shall be
subject to the same hmitations with respect to the use
or ffisclosure of any confidential or privileged information,
trade secrets, or other proprietary or business-sensitive
information which is obtained from any department or
agency under this subsection as are applicable to the use
or disclosure of such information or secrets by such depart¬
ment or agency.
(4) Mails. — ^Ibe Commission may use the United States
mails in the same manner and under the same conditions
as other departments and agencies of the United States.
(5) Administrative support services.— Upon the request
of the Commission, the Administrator of Generm Services shall
provide to the Commission, on a reimbursable basis, the
administrative support services necessary for the Commission
to carry out its responsibUities under this section.
(e) Staff of Commission; Experts and Consultants. —
(1) Staff. — Subject to such regulations as the Commission
may prescribe, and with the approval of the Commission, the
Chairperson may appoint and fix the pay of such personnel
as the Chairperson considers appropriate.
(2) Applicability of certain civil service laws.— The
staff of the Commission may be appointed without regard to
the provisions of title 5, United States Code, governing appoint¬
ments in the competitive service, and may be paid without
regard to the provisions of chapter 51 and subchapter III of
chapter 53 of that title relating to classification and General
Schedule pay rates, except that an individual so appointed
may not receive pay in excess of the annual rate of basic
pay payable for Gl^lS of the General Schedule.
(3) Experts and consultants.— Subject to such regula¬
tions as the Commission may prescribe, the Chairperson may
procure temporary and intermittent services under section
3109(b) of title 5, United States Code, but at rates for individ¬
uals not to exceed the annual rate of beisic pay payable for
GS-18 of the General Schedule.
(4) Staff of federal agencies. — ^Upon request of the
Chairperson, the head of any Federal department or agency
may detail, on a reimbursable beisis, any of the personnel
of that department or agency to the Commission to assist
it in carrying out its duties under this Act.
(f) Domestic Defense Industrial Base Defined.— For the
purposes of this section, the term "domestic defense industrial base”
means —
(1) the industries in the United States and Canada which
at any time are providing national defense materials and serv¬
ices; and
(2) the industries in the United States and Canada which
reasonably would be expected to provide national defense mate¬
rials and services in a time of emergency or war.
(g) Reports. — ^The Commission shall submit to the Congress
and Ihe President —
(1) an interim report at the end of the 1-year period begin¬
ning on the date the Commission first meets with a majority
of members present; and
(2) a final report not later than March 1, 1995, on the
findings of the Commission under this section with respect
to the domestic defense industrial base, together with such
recommendations for legislative, administrative, or pohcy action
as the Commission may determine to be appropriate.
(h) Termination. — The Commission shall ceeise to exist 60
days after the date on which the final report is submitted pursuant
to subsection (g)(2).
(i) Authorization of Appropriations.— There is authorized
to be appropriated an amount equal to not more than $500,000
to carry out this section, such sums to remain available until
the termination of the Commission.
106 STAT. 4224
PUBLIC LAW 102-558— OCT. 28, 1992
12 use 3104
note.
12 use 1817.
12 use 1834a.
TITLE III— MISCELLANEOUS
PROVISIONS
SEC. 301. ENERGY SECURITY.
Section 203 of the Geothermal Energy Research, Development,
and Demonstration Act of 1974 (30 U.S.C. 1143) is amended by
striking “1990” and inserting “1993”.
SEC. 302. DOMESTIC RETAIL DEPOSIT-TAKING BY FOREIGN BANKS.
(a) In General. — Section 6(c) of the International Banking
Act of 1978 (12 U.S.C. 3104(c)) is amended —
(1) in paragraph (1) —
(A) by inserting “domestic retail” before “deposit
accounts”; and
(B) by inserting “and requiring deposit insurance pro¬
tection,” ^er “$100,000,”; and
(2) in paragraph (2) —
(A) by striking “Deposit” and inserting “Domestic retail
deposit”; and
(B) by inserting “that require deposit insurance protec¬
tion” after “$100,000”.
(b) Effective Date. — This section, and the amendments made
by this section, shall have the same effective date as the Federal
Deposit Insurance Corporation Improvement Act of 1991.
SEC. 303. DEPOSIT INSURANCE ASSESSMENT RATES FOR LIFELINE
ACCOUNT DEPOSITS.
(a) In General. — Section 7(b)(2) of the Federal Deposit Insur¬
ance Act (12 U.S.C. 1817(b)(2)) (as amended by section 302(a)
of the Federal Deposit Insurance Corporation Improvement Act
of 1991) is amended —
(1) in subparagraph (D), by striking the comma after “mem¬
bers”; and
(2) by adding at the end the following new subparagraph:
“(H) Bank enterprise act requirement.— The Cor¬
poration shall design the risk-based assessment system
so that, insofar as Die system bases assessments, directly
or indirectly, on deposits, the portion of the deposits of
any insured depository institution which are attributable
to lifeline accounts established in accordance with the Bank
Enterprise Act of 1991 shall be subject to assessment at
a rate determined in accordance with such Act.”.
(b) Conforming Amendments.—
(U Section 232(b)(1) of the Federal Deposit Insurance Cor¬
poration Improvement Act of 1991 (Public Law 102-242) is
Eimended —
(A) by striking “(8), (9), and (10)” and inserting “and
(8) ”; and
(B) by striking “(9), (10), and (11)” and inserting “and
(9) ”.
(2) Section 233(a) of the Federal Deposit Insurance Cor¬
poration Improvement Act of 1991 is amended by striking “sec¬
tion 235” where such term appems in paragraphs (3) and
(5) and inserting “section 234”.
(3) Section 7(d)(5) of the Federal Deposit Insurance Act
(12 U.S.C. 1817(d)(4)) (as added by section 233(c)(1) of the
PUBLIC LAW 102-558— OCT. 28, 1992
106 STAT. 4225
Federal Deposit Insurance Corporation Improvement Act of
1991) is amended by striking “section 235” and inserting “sec¬
tion 234”.
(4) Effective on the effective date of the amendment made
by section 302(a) of the Federal Deposit Insurance Corporation
Improvement Act of 1991, section 232(a)(1) of the Federal
Deposit Insurance Corporation Improvement Act of 1991 (12
U.S.C. 1834(a)((l)) is amended by striking “7(b)(10)” and insert¬
ing “7(b)(2)(H)”.
(5) Section 10(f) of the Federal Deposit Insureince Act (12
U.S.C. 1820(f)) (as added by section 302(d) of the Federed
Deposit Insurance Corporation Improvement Act of 1991) is
hereby redesignated £is subsection (g).
(6) Section 302(e) of the Federal Deposit Insurance Cor¬
poration Improvement Act of 1991 (Public Law 102-242, 105
Stat. 2349) is amended —
(A) by redesignating peiragraphs (2), (3), and (4) as
pEu-agraphs (3), (4), and (5), respectively; and
(B) by striking pareigraph (1) and inserting the fol¬
lowing new pEiragraphs:
“(1) in section 5(d)(3XB)(i) —
“(A) by striking ‘average assessment beise’ and insert¬
ing ‘deposits’; and
“(B) by striking ‘shall — and edl that follows through
the period and inserting ‘shall be treated as deposits which
are insured by the Savings Association Insimance Fund.’;
“(2) in section 5(d)(3)(B)(ii)—
“(A) by striking ‘average assessment beise’ and insert¬
ing ‘deposits’; and
“(B) by striking ‘shall — and £ill that follows through
the period and inserting ‘shedl be treated as deposits which
are insured by the Bank Insimance Fund.’ ”.
(7) Effective on the effective date of the amendment made
by section 302(a) of the Federal Deposit Insimance Corporation
Improvement Act of 1991, section 7(b) of the Federal Deposit
Insurance Act (12 U.S.C. 1817(c) (as amended by such section
302(a)) is amended —
(A) by adding at the end, the paragraph added to
such section 7(b) (as in effect on the day before the effective
date of such amendment) by section 103(b)(2) of the Federal
Deposit Insurance Corporation Improvement Act of 1991;
and
(B) by redesignating such peu-agraph as paragraph (6).
(8) Effective on liie effective date of the amendment made
by section 302(e)(4) of the Federal Deposit Insurance Cor¬
poration Improvement Act of 1991 (as so redesignated by para¬
graph (6)(A) of this subsection), section 7(b) of the Federal
Deposit Insurance Act (12 U.S.C. 1817(b)) (eis Eimended by
section 302(a) of the FederEd Deposit InsurEuice Corporation
Improvement Act of 1991) is sunended by adding sdler pEira-
graph (6) (as trsmsferred suid so redesignated by pEiragraph
(6) of this subsection) the following new psuragraph:
“(7) Community enterprise credits.— The Corporation
shall allow a credit against suiy semiEumuEil Eissessment to
Euiy insured depository institution which satisfies the require¬
ments of the Commmiity Enterprise Assessment Credit BoEird
Effective date.
12 use 1817,
1818.
12 use 1816.
Effective date.
Effective date.
106 STAT. 4226
PUBLIC LAW 102-558— OCT. 28, 1992
Effective date.
50 use app.
2062 note.
12 use 1815
note.
under section 233(a)(1) of the Bank Enterprise Act of 1991
in the amount determined by such Board by regulation.”.
(9) Effective on the effective date of the amendment made
by sertion 302(e)(4) of the Federal Deposit Insurance Cor¬
poration Improvement Act of 1991 (as so redesignated by para¬
graph (3)(A) of this subsection), section 233 of the Federal
Deposit Insurance Corporation Improvement Act of 1991 (12
U.S.C. 1834a) is amended —
(A) in subsection (a)(1)(A), by striking “7(d)(4)” and
inserting “7(b)(7)”;
(B) in subsection (a)(3), by striking “7(d)(4)” and insert¬
ing “7(b)(7)”; and
(C) in subsection (e)(2), by striking “meide for purooses
of the notification required under section 7(d)(lXB)” and
inserting “of the semiannual assessment to which such
credit is applicable”.
SEC. 304. EFFECTIVE DATE.
This Act and the amendments made by this Act shall be deemed
to have become effective on March 1, 1992, except as otherwise
specifically provided in this Act.
SEC. 306. PROVISIONAL REPEAL OF DUPLICATIVE PROVISIONS.
In the event of the enactment of H.R. 5334 (An Act to amend
and extend certain laws relating to housing and community develop¬
ment, and for other purposes), the following provisions of that
Act, and the amendments made by such provisions, are repealed,
effective on the date of enactment of this Act:
(1) Section 1603(a)(3) of such Act.
(2) Section 1604(a)(ll) of such Act.
(3) Paragraphs (1), (2), and (3) of section 1604(b) of such
Act.
(3) Paragraphs (2) through (7) of section 1605(a) of such
Act.
Approved October 28, 1992.
LEGISLATIVE HISTORY— S. 347 (H.R. 3039):
HOUSE REPORTS: No. 102-208, Pt. 1 (Comm, on BemJdng, Finance and Urbeuti
Affairs) and Pt. 2 (.Comm, on Armed ^rvices), both
accompanying H.R. 3039, and No. 102-1028 (CJomm. of
Conference).
CONGRESSIONAL RECORD:
Vol. 137 (1991): Feb. 21, considered and passed Senate.
Oct. 2, H.R. 3039 considered and passed House.
Oct. 10, S. 347 considered and pasi^ House, eunended, in lieu of
H.R. 3039.
Vol. 138 (1992): Oct. 5, House agreed to conference report.
Oct. 8, Senate agreed to conference report.
WEEKLY COMPILATION OF PRESmENTIAL DOCUMENTS, Vol. 28 (1992):
Oct. 28, Presidential statement.
iblic Law 102-559
2d Congress
An Act
To prohibit sports gambling under State law, and for other purposes.
Be it enacted by the Senate and House of Representatives of
United States of America in Congress assembled,
2TION 1. SHORT TITLE.
This Act may be cited as the “Professional and Amateur Sports
)tection Act”.
Oct. 28, 1992
[S. 474]
Professional and
Amateur Sports
Protection Act.
28 use 1 note.
2. 2. PROFESSIONAL AND AMATEUR SPORTS PROTECTION.
(a) In General. — ^Part VI of title 28 of the United States
ie is amended by adding at the end the following:
IHAPTER 178— PROFESSIONAL AND AMATEUR SPORTS
PROTECTION
31. Definitions.
32. Unlawful sports gambling.
33. Injunctions.
34. Applicability.
1701. Definitions
“For purposes of this chapter —
1) the term ‘amateur sports organization’ means —
“(A) a person or governmental entity that sponsors,
organizes, schedules, or conducts a competitive game in
which one or more amateur athletes participate, or
“(B) a lea^e or association of persons or governmental
entities described in subparagraph (A),
“(2) the term ‘governmental entity means a State, a politi¬
cal subdivision of a State, or an entity or organization, including
an entity or organization described in section 4(5) of the Indian
Gaming Regulatory Act (25 U.S.C. 2703(5)), that has govern¬
mental authority within the territorial boundaries of the United
States, including on lands described in section 4(4) of such
Act (25 U.S.C. 2703(4)),
“(3) the term ‘professional sports organization’ means —
“(A) a person or governmental entity that sponsors,
organizes, schedules, or conducts a competitive game in
which one or more professional athletes participate, or
“(B) a league or association of persons or governmental
entities described in subparagraph (A),
“(4) the term ‘person’ has the meaning given such term
in section 1 of title L and
“(5) the term ‘State’ means any of the several States, the
District of Columbia, the Commonwealth of Puerto Rico, the
Commonwealth of the Northern Mariana Islands, Palau, or
any territory or possession of the United States.
**§ 3702. Unlawful sports gambling
“It shall be unlawful for —
“(1) a governmental entity to sponsor, operate, advertise,
promote, license, or authorize by law or compact, or
“(2) a person to sponsor, operate, advertise, or promote,
pinrsuant to the law or compact of a governmental entity,
a lottery, sweepstakes, or other betting, gambling, or wagering
scheme based, directly or indirectly (through the use of geographical
references or otherwise), on one or more competitive games in
which amateur or professional athletes participate, or are intended
to participate, or on one or more performances of such athletes
in such games.
Ҥ 3703. Injunctions
“A dvil action to enjoin a violation of section 3702 may be
commenced in an appropriate district court of the United States
by the Attorney General of the United States, or by a professional
sports organization or amateur sports organization whose competi¬
tive game is alleged to be the beisis of such violation.
Ҥ 3704. Applicability
“(a) Section 3702 shall not apply to —
“(1) a lottery, sweepstakes, or other betting, gambling, or
wagering scheme in operation in a State or other governmental
entity, to the extent that the scheme weus conducted by that
State or other governmental entity at any time during the
period beginning January 1, 1976, and ending August 31, 1990;
“(2) a lottery, sweepstakes, or other betting, gambling, or
wagering scheme in operation in a State or other governmental
entity where both —
“(A) such scheme was authorized by a statute as in
effect on October 2, 1991; and
“(B) a scheme described in section 3702 (other than
one based on peurimutuel animal racing or jai-alai games)
actually was conducted in that State or other governmental
entity at any time during the period beginning September
1, 1989, and ending October 2, 1991, pursuant to the law
of that State or other governmental entity:
“(3) a betting, gambhng, or wagering scneme, other than
a lottery described in paragraph (1), conducted exclusively in
casinos located in a municipahty, but only to the extent that—
“(A) such scheme or a similar scheme was authorized,
not later than one year after the effective date of this
chapter, to be operated in that municipahty; and
“(B) any commercial casino gaming scheme was in
operation in such municipahty throughout the 10-year
period ending on such effective date pursuant to a com¬
prehensive system of State regulation autiiorized by that
State’s constitution and apphcable solely to such municipal¬
ity; or
“(4) parimutuel animal racing or jai-alai games.
“(b) Except as provided in subsection (a), section 3702 shall
apply on lands described in section 4(4) of the Indian Gaming
Regulatory Act (25 U.S.C. 2703(4)).”.
(b) Clerical Amendments. — ^The table of chapters for part
VT of title 28, United States Code, is amended —
PUBLIC LAW 102-559— OCT. 28, 1992
106 STAT. 4229
(1) by amending the item relating to chapter 176 jbo read
as follows:
, Federal Debt Collection Procedure . 3001”,
and
(2) by adding at the end the following:
, Professional and Amateur Sports Protection . 3701”.
, 3. EFFECTIVE DATE.
This Act shall take effect on January 1, 1993.
pproved October 28, 1992.
SLATWE mSTORY— S. 474;
VTE REPORTS: No. 102-248 (Comm, on the Judiciary).
SRESSIONAL RECORD. Vol. 138 (1992):
June 2, considered and passed Senate.
Oct. 5, considered and passed House, amended.
Oct. 7, Senate concurrM in House amendments.
28 use 3701
note.
106 STAT. 4230
PUBLIC LAW 102-560— CXn’. 28, 1992
Public Law 102-560
102d Congress
An Act
Oct. 28, 1992
[S. 758]
Patent and
Plant Variety
Protection
Remedy
Clarification
Act.
7 use 2321
note.
To clsuify that States, instrumentalities of States, and officers and employee
States acting in their official capacity, are subject to suit in Federal cour
any person for infringement of patents and plant variety protections, and
all the remedies can be obtained in such suit that can be obtained in a
against a private entity.
Be it enacted by the Senate and House of Representativei
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘Patent and Plant Veiriety Pro
tion Remedy Clarification Act”.
SEC. 2. LIABILITY OF STATES, INSTRUMENTALITIES OF STATES, i
STATE OFFICIALS FOR INFRINGEMENT OF PATENTS.
(a) Liability and Remedies.-— (1) Section 271 of title 35, Uni
States Code, is amended by adding at the end the following:
“(h) As used in this section, the term ‘whoever* includes
State, any instrumentality of a State, emd any officer or emplo
of a State or instrumentality of a State actiim in his official capac
Any State, and any such instrumentality, officer, or employee, si
be subject to the provisions of this title in the same manner ;
to the same extent as any nongovernmental entity.”.
(2) Chapter 29 of title 35, United States Code, is amen
by adding at the end the following new section:
Ҥ296. Liability of States, instrumentalities of States, i
State officials for infiringement of patents
“(a) In General. — ^Any State, any instrumentality of a St
and any officer or employee of a State or instrument^ity c
State acting in his official capacity, shall not be immune, uu
the eleventh amendment of the Constitution of the United St*
or under any other doctrine of sovereign immunity, from suit
Federal court by any person, including any governmental or r
governmental entity, for infringement of a patent under sect
271, or for any other violation under this title.
“Ot)) Remedies. — ^In a suit described in subsection (a) fo
violation described in that subsection, remedies (including remei
both at law and in equity) are available for the violation to
same extent as such remedies are available for such a violal
in a suit against any private entity. Such remedies include dama]
interest, costs, and treble damages under section 284, attor
fees under section 285, and the additional remedy for inMngem
of desigi^atents under section 289.”.
(b) CfoNFORMiNG AMENDMENT. — ^The table of sections at
beginning of chapter 29 of title 35, United States Code, is amen
by adding at the end the following new item:
“Sec. 296. Liability of States, instrumentalities of States, and State officials fo
fiingement of patents.”.
PUBLIC LAW 102-560— OCT, 28, 1992
106 STAT. 4231
3C. 3. LIABILITY OF STATES, INSTRUMENTALITIES OF STATES, AND
STATE OFFICIALS FOR INFRINGEMENT OF PLANT VARIETY
PROTECTION.
(a) Infringement of Plant Variety Protection.— Section 111
' the Plant Variety Protection Act (7 U.S.C. 2541) is amended —
(1) by inserting “(a)” before “Except £is otherwise provided”;
and
(2) by adding at the end thereof the following new sub¬
section:
“(b) As used in this section, the term ‘perform without authority’
eludes performance without authority by any State, any
strumentality of a State, and any officer or employee of a State
• instrumentality of a State acting in his official capacity. Any
:ate, and any such instrumentality, officer, or employee, shall
! subject to ^e provisions of this Act in the same maimer and
the same extent £is any nongovernmental entity.”.
(b) Liability of States, Instrumentalities of States, and
DATE Officials for Infringement of Plant Variety Protec-
N. — Chapter 12 of the Plant Variety Protection Act (7 U.S.C.
>61 et seq.) is amended by adding at the end thereof the following
jw section:
EC. 130. LIABILITY OF STATES, INSTRUMENTALITIES OF STATES,
AND STATE OFFICIALS FOR INFRINGEMENT OF PLANT
VARIETY PROTECTION.
“(a) Any State, any instrumentality of a State, and any officer
' employee of a State or instrumentality of a State acting in
s official capacity, shall not be immune, under the eleventh
endment of the Constitution of the United States or under any
her doctrine of sovereign immunity, from suit in Federal court
T any person, including any governmental or nongovernmental
itity, for infringement of plant variety protection under section
LI, or for any other violation under this title.
“(b) In a suit described in subsection (a) for a violation described
that subsection, remedies (including remedies both at law and
equity) are available for the violation to the same extent as
Lch remedies are available for such a violation in a suit against
ly private entity. Such remedies include damages, interest, costs,
id treble damages under section 124, and attorney fees under
iction 125.”.
7 use 2670.
)6 STAT. 4232
PUBLIC LAW 102-560— OCT. 28, 1992
use 2541
ote.
SEC. 4. EFFECTIVE DATE.
The amendments made by this Act shall take effect with respect
to violations that occur on or after the date of the enactment
of this Act.
Approved October 28, 1992.
LEGISLATIVE HISTORY— S. 758:
SENATE BEPOBTS: No. 102-280 (Comm, on the Judiciary).
CONGBESSIONAL BECOBD, Vol. 138 (1992):
June 12, considered and passed Senate.
Oct. 3, considered and passed House.
PUBLIC LAW 102-561— OCT. 28, 1992
106 STAT. 4233
)lic Law 102-561
d Congress
An Act
mend title 18, United States Code, with respect to the criminal penalties
for copyright infringement
Be it enacted by the Senate and House of Representatives of
United States of America in Congress assembled,
nON 1. CRIMINAL PENALTIES FOR COPYRIGHT INFRINGEMENT.
Section 2319(b) of title 18, United States Code, is amended
sad as follows:
“(b) Any person who commits an offense under subsection (a)
lis section —
“(1) shall be imprisoned not more than 5 years, or fined
in the amount set forth in this title, or both, if the offense
consists of the reproduction or distribution, during any 180-
day period, of at last 10 copies or phonorecords, of 1 or more
copyrighted works, with a retail value of more than $2,500;
“(2) shall be imprisoned not more than 10 years, or fined
in the amount set forth in this title, or both, if the offense
is a second or subsequent offense under paragraph (1); and
“(3) shall be imprisoned not more than 1 year, or fined
in the amoimt set forth in this title, or both, in any other
case.”.
. 2. CONFORMING AMENDMENTS.
Section 2319(c) of title 18, United States Code, is amended —
(1) in paragraph (1) by striking “‘sound recording’, ‘motion
picture’, ‘audiovisual work’, ‘phonorecord’,” and inserting “‘pho-
norecord’ and
(2) in paragraph (2) by striking “118” and inserting “120”.
pproved October 28, 1992.
[SLATIVE HISTORY— S. 893;
rSE REPORTS; No. 102-997 (Comm, on the Judiciary).
ATE RETORTS: No. 102-268 (Comm, on the Judiciary).
GRESSIONAL RECORD, Vol. 138 (1992):
June 4, considered and passed Senate.
Oct. 3, considered and passed House, amended.
Oct. 8, Senate concurr^ in House amendments.
Oct. 28, 1992
[S. 893]
106 STAT. 4234
PUBLIC LAW 102-562— OCT. 28, 1992
Oct. 28, 1992
[S. 1439]
Public Law 102-562
102d Congress
An Act
To authorize and direct the Secretary of the Interior to convey certain lands in
Livingston Parish, Louisiana, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
TITLE I— LAND CONVEYANCE
SEC. 101. FINDINGS.
The Congress finds and declares that —
(1) there is a history of adverse claims and title confusion
relating to certain lands in Livingston Parish, Louisiana, aris¬
ing from private land claims predating the Louisiana Purchase;
(2) numerous parties have in good faith placed valuable
improvements upon such lands in the belief that they owned
such lands; and
(3) the public interest will be best served by clarifying
the uncertainty of title by conveying the interest of the United
States in such lands to those affected parties.
SEC. 102. CONVEYANCE OF LANDS.
(a) In General. — Notwithstanding any other provision of law,
and subject to the reservation in subsection (b), the United States
hereby grants all right, title, and interest of the United States
in and to certain lands in Livingston Parish, Louisiana, as described
in section 103, to those parties who, as of the date of enactment
of this Act, would be recognized as holders of a right, title, or
interest to any portion of such lands under the laws of the State
of Louisiana, but for the interest of the United States in such
lands.
(b) Reservation of Mineral Rights.— The United States
hereby excepts and reserves from the provisions of subsection (a)
of this section, all minerals underlying such lands, along with
the right to prospect for, mine, and remove the minerals under
applicable law and such regulations as the Secretary of the Interior
may prescribe.
SEC. 103. DESCRIPTION OF LANDS TO BE CONVEYED.
The lands to be conveyed pursuant to this title are those
Isinds located in section 37, township 5 south, range 4 east, St.
Helena Meridian, in Livingston Parish, Louisiana.
PUBLIC LAW 102-562— OCT. 28, 1992
106 STAT. 4235
TITLE II— PORT CHICAGO NATIONAL
MEMORIAL
3. 201. SHORT TITLE.
This title may be referred to as the “Port Chicago National
morial Act of 1992”.
202. FINDINGS.
The Congress hereby finds that —
(1) the Port Chicago Naval Magazine, located in Contra
Costa County, California, served as the major West Coast muni¬
tions supply facility during World War II, during which time
the facility played a critical role in the success of the war
effort;
(2) on July 17, 1944, an explosion at Port Chicago, the
origin of which has never been determined, resulted in the
deaths of 320 officers and sailors, the largest domestic loss
of life during World War II, and the injury of many others;
and
(3) it is fitting and appropriate that the site of the Port
Chicago Naval Magazine, which is currently included in the
Concord Naval Weapons Station, be designated as a National
Memorial to commemorate the role of the facility during World
War II, to recognize those who served at the facility, and
to honor the memory of those who gave their lives and were
injured in the explosion on July 17, 1944.
3. 203. PORT CHICAGO NATIONAL MEMORIAL.
(a) Designation. — ^In order to recognize the critical role Port
icago, located at the Concord Naval Weapons Station in Contra
5ta County, California, played in the Second World War by serv-
as the main facility for the Pacific Theater and the historic
portance of the explosion which occurred at the Port Chicago
val Magazine on July 17, 1944, such Naval Magazine is hereby
lignated as a National Memorial, to be known as the Port Chicago
val Magazine National Memorial. The Secretary of the Interior
ill take appropriate action to assure that the Memorial is
lounced in the Federal Register and that official records and
;s are amended, in due course, to reflect the inclusion of this
orial along with other national memorials established by an
; of Congress.
(b) M^KER. — The Secretary of the Interior, with the concur-
Lce of the Secretary of Defense, is authorized and directed to
ce at the site the Port Chicago Naval Magazine National Memo-
1, as designated under subsection (a), an appropriate plaque
marker commemorating the critical role Port Chicago played
the Second World War and the historic importance of the explo-
n which occurred at that location on July 17, 1944. The plaque
marker shall include a listing of the names of those who lost
ir lives during the explosion.
(c) Public Access. — ^The Secretary of the Interior shall enter
0 a cooperative agreement with the Secretary of the Navy to
ivide for public access to the Memorial.
Port Chicago
National
Memorial Act of
1992.
California.
16 use 431 note.
Federal
Register,
publication.
Records.
Contracts.
106 STAT. 4236
PUBLIC LAW 102-562— OCT. 28, 1992
SEC. 204. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are
necessary to carry out this title.
Approved October 28, 1992.
LEGISLATIVE HISTORY— S. 1439;
HOUSE REPORTS: No. 102-948 (Comm, on Interior and Insular Affairs).
SENATE REPORTS: No. 102-284 (Comm, on Energy and Natural Resources).
CONGRESSIONAL RECORD, Vol. 138 (1992):
June 12, considered and passed Senate.
Sept. 29, considered and passed House, amended.
Oct. 8, Innate concurred in House amendments.
PUBLIC LAW 102-563— OCT. 28, 1992
106 STAT. 4237
ic Law 102-563
Congress
An Act
lend title 17, United States Code, to implement a royalty payment system
a serial copy management system for ^gital audio recording, to prohibit
tin copyright infiingement actions, and for other purposes.
Oct. 28, 1992
[S. 1623]
ie it enacted by the Senate and House of Representatives of
nited States of America in Congress assembled,
[ONI. SHORT TITLE.
’his Act may be cited as the “Audio Home Recording Act
)2”.
Audio Home
Recording Act
of 1992.
17 use 1001
note.
. IMPORTATION, MANUFACTURE, AND DISTRIBUTION OF DIGI-
TAL AUDIO RECORDING DEVICES AND MEDIA.
^itle 17, United States Code, is amended by adding at the
be following:
JHAPTER 10— DIGITAL AUDIO RECORDING
DEVICES AND MEDIA
“SUBCHAPTER A— DEFINITIONS
Definitions.
“SUBCHAPTER B— COPYING CONTROLS
Incorporation of copying controls.
“SUBCHAPTER C— ROYALTY PAYMENTS
Obligation to make royalty payrments.
Roymty payments.
Deposit of royalty payments and deduction of expenses.
Entitlement to royalty ptayments.
Procedures for distributing royalty payments.
JCHAPTER D— PROHIBITION ON CERTAIN INFRINGEMENT ACTIONS,
REMEDIES, AND ARBITRATION
Prohibition on certain infringement actions.
Civil remedies.
Arbitration of certain disputes.
“SUBCHAPTER A— DEFINITIONS
31. Definitions
As used in this chapter, the following terms have the following
ings:
“(1) A ‘digital audio copied recording’ is a reproduction
a a digital recording format of a digital musical recording,
whether that reproduction is made directly from smother digits
ausical recording or indirectly from a transmission.
“(2) A ‘di^tm audio interface device’ is any machine or
evice that is designed specifically to communicate distal audio
nformation and related interface data to a digital audio record-
ng device through a nonprofessional interface.
106 STAT. 4238
PUBLIC LAW 102-563— OCT. 28, 1992
"(3) A ‘digital audio recording device’ is machine or
device of a type commonly distributed to individuals for use
by individuals, whether or not included with or as part of
some other machine or device, the digital recording ftmction
of which is designed or marketed for the primaiy purpose
of, and that is capable of, making a digital audio copied record¬
ing for private use, except for —
“(A) professions model products, and
“(B) dictation machines, answering machines, and
other audio recording equipment that is designed and mar¬
keted primarily for the creation of sound recordings result¬
ing from the fixation of nonmusical sounds.
“(dXA) A ‘digital audio recording medium’ is any material
object in a form commonly distributed for use by individuals,
that is primarily marketed or most commonly used by consum¬
ers for the purpose of making dimtal audio copied recordings
by use of a digital audio recorcfing device.
“(B) Such term does not include any material object—
“(i) that embodies a sound recormng at the time it
is first distributed by the importer or manufacturer; or
“(ii) that is primarily marketed and most commonly
used by consumers either for the purpose of making copies
of motion pictures or other audiovisual works or for the
purpose of making copies of nonmusical literary works,
mcluding computer programs or data bases.
“(5)(A) A ‘digital musical recording is a material object —
“(i) in which are fixed, in a digital recording format,
only sounds, and material, statements, or instructions
incidental to those fixed sounds, if any, and
“(ii) from which the sounds and material can be per¬
ceived, reproduced, or otherwise communicated, either
directly or with the aid of a machine or device.
“(B) A ‘digital musical recording’ does not include a material
object —
“(i) in which the fixed sounds consist entirely of spoken
word recordings, or
“(ii) in which one or more computer programs are
fixed, except that a distal musical recording may contain
statements or instructions constituting the fixed sounds
and incidental material, and statements or instructions
to be used directly or indirectly in order to bring about
the perception, reproduction, or communication of the fixed
sounds and incidental material.
“(C) For purposes of this paragraph —
“(i) a ‘spoken word recordmg’ is a sound recording
in which are fixed only a series of spoken words, except
that the spoken words may be accompanied by incident^
musicd or other sounds, and
“(ii) the term ‘incidenteil’ means related to and rel¬
ative^ minor by comparison.
“(6) ‘Distribute^ means to sell, lease, or assign a product
to consumers in the United States, or to sell, lease, or assign
a product in the United States for ultimate transfer to consum¬
ers in the United States.
“(7) An ‘interested cop3aight party* is —
“(A) the owner of the exclusive right under section
106(1) of this title to reproduce a sound recording of a
PUBLIC LAW 102-563— CXn?. 28, 1992
106 STAT. 4239
musical woipk that has been embodied in a digital musical
recording or analog musical recording lawfully made under
this title that has been distributed;
“(B) the legal or beneficial owner of, or the person
that controls, the right to reproduce in a digital musical
recording or analog musical recording a musical work that
has been embodied in a digital musical recording or analog
musical recording lawfully made under this title that has
been distributed;
“(C) a featured recording artist who performs on a
soxmd recording that has been distributed; or
“(D) any association or other organization —
“(i) representing persons specified in subparagraph
(A), (B), or (C), or
“(ii) engaged in licensing rights in musical works
to music users on behalf of writers and publishers.
“(8) To ‘manufacture’ means to produce or assemble a prod¬
uct in the United States. A ‘manufacturer’ is a person who
manufactimes.
“(9) A ‘music publisher’ is a person that is authorized
to license the reproduction of a particular musical work in
a soimd recording.
“(10) A ‘professional model product’ is an audio recording
device that is designed, manufactured, marketed, and intended
for use by recording professionals in the ordinary course of
a lawful business, in accordance with such requirements as
the Secretary of Commerce shall establish by regulation.
“(11) The term ‘serial copying’ means the duplication in
a digital format of a copjoighted musical work or sound record¬
ing from a digital reproduction of a digital musical recording.
The term ‘digital reproduction of a digital musical recording’
does not include a digital musical recording as distributed,
by authority of the copyright owner, for ultimate sale to consum¬
ers.
“(12) The ‘transfer price’ of a digital audio recording device
or a digiteil audio recording medium —
“(A) is, subject to subparagraph (B) —
“(i) in the case of an imported product, the actual
entered value at United States Customs (exclusive of
any freight, insurance, and applicable duty), and
“(ii) in the case of a domestic product, the manufac¬
turer’s transfer price (FOB the manufacturer, and
exclusive of any direct sales taxes or excise taxes
incurred m connection with the sale); and
“(B) shall, in a case in which the transferor and trans¬
feree are related entities or within a single entity, not
be less than a reasonable arms-length price under the
principles of the regulations adopted pimsuant to section
482 of the Internal l^venue Code of 1986, or any successor
provision to such section.
“(13) A ‘writer’ is the composer or lyricist of a particular
musical work.
“SUBCHAPTER B— COPYING CONTROLS
**§ 1002. Incorporation of copsdng controls
“(a) Prohibition on Importation, Manufacture, and Dis¬
tribution. — ^No person shall import, manufacture, or ^stribute
any digital audio recording device or digital audio interface device
that does not conform to —
“(1) the Serial Copy Management System;
‘‘(2) a system that has the same functional characteristics
as the Serial Copy Management System and requires that
copynght and generation status information be accurately sent,
received, and acted upon between devices using the system’s
method of serial copying regulation and devices using the Serial
Copy Management System; or
“(3) any other system certified by the Secretary of Com¬
merce as prohibiting unauthorized serial copying.
“(b) Development of Verification PROCEDURE.—The Sec¬
retary of Commerce shall establish a procedure to verify, upon
the petition of an interested party, that a system meets the stand¬
ards set forth in subsection (a)(2).
“(c) Prohibition on Circumvention of the System.— No per¬
son shall import, manufacture, or distribute any device, or offer
or perform any service, the prims^ purpose or effect of which
is to avoid, bypass, remove, deactivate, or otherwise circumvent
any program or circuit which implements, in whole or in part,
a system described in subsection (a).
“(d) Encoding of Information on Digital Musical Record¬
ings.—
“(1) Prohibition on encoding inaccurate informa¬
tion. — ^No person shall encode a digital musical recording of
a sound recording with inaccurate imormation relating to the
category code, cop3rright status, or generation status of the
source material for the recording.
“(2) Encoding of copyright status not required. —
Nothing in this chapter requires any person engaged in the
importation or manufacture of digitsd musical recordings to
encode any such digital musical recording with respect to its
copyright status.
“(e) Information Accompanying Transmissions in Digital
Format. — Any person who transmits or otherwise communicates
to the public any sound recording in digital format is not required
ymder tins chapter to transmit or otherwise communicate the
information relating to the cop3aight status of toe sound recording.
Any such person who does transmit or otherwise communicate
such cop3aight status information shall transmit or communicate
such information accurately.
“SUBCHAPTER C— ROYALTY PAYMENTS
"§ 1003. Obligation to make royalty payments
“(a) I^oHromoN on Importation and Manufacture.— No per¬
son shah import into and distribute, or manufacture and distribute,
any digital audio recording device or digital audio recording medium
unless such person records the notice specified by this section
and subsequently deposits the statements of account and applicable
royalty payments for such device or medium specified in section
1004.
PUBLIC LAW 102-563— (Xrr. 28, 1992
106 STAT. 4241
“(b) Filing of Notice. — ^The importer or manufacturer of any
tal audio recording device or digital audio recording medium,
dn a product category or utilizing a technology with resj^ct
?hich such manufacturer or importer has not previously filed
itice under this subsection, shall file with the Register of Copy-
ts a notice with respect to such device or medium, in such
L and content as the Register shall prescribe by regulation.
“(c) Filing of Quarterly and Annual Statements of
OUNT.—
“(1) Generally. — Any importer or manufacturer that dis¬
tributes any digital audio recording device or digital audio
recording medium that it manufactured or imported shall file
with the Register of Copyrights, in such form and content
as the Register shall prescribe by relation, such quarterly
and annu^ statements of account with respect to such dis¬
tribution as the Register shall prescribe by regmation.
“(2) Certification, verification, and confidentiality.—
Each such statement shall be certified as accurate by an author¬
ized officer or principal of the importer or manufacturer. The
Re^ster shall issue regulations to provide for the verification
and audit of such statements and to protect the confidentiality
of the information contained in such statements. Such regula¬
tions shall provide for the disclosure, in confidence, of such
statements to interested copyright parties.
“(3) Royalty payments. — ^Each such statement shall be
accompanied by the royalty payments specified in section 1004.
M)4. Royalty payments
“(a) Digital Audio Recording Devices. —
“(1) Amount of payment. — ^The royalty payment due under
section 1003 for each digital audio recording device imported
into and distributed in the United States, or manufactured
and distributed m the United States, shall be 2 percent of
the transfer price. Only the first person to manufacture and
distribute or import and distribute such device shall be required
to pav the royalty writh respect to such device.
‘T2) Calculation for devices distributed with other
DEVICES. — With respect to a digital audio recording device first
distributed in combination with one or more devices, either
as a physically intonated unit or as separate comi^nents,
the royalty parent shall be calculated as follows:
“(A) If the digital audio recording device and such
other devices are part of a physically integrated unit, the
royalty parent shall be based on the transfer price of
the unit, but shall be reduced by any royalty payment
made on any digital audio recording device included within
the unit that was not first distributed in combination with
the unit.
“(B) If the digital audio recording device is not part
of a physically integrated unit and substantially sii^ar
devices have been distributed separately at any time during
the preceding 4 calendar quaitors, the roy^ty payment
shall be based on the average transfer price of such devices
during those 4 quarters.
“(C) If the digital audio recording device is not part
of a physically integrated unit and substantially similar
devices have not been distributed separately at any time
Regulations.
Regulations.
Regulations.
106 STAT. 4242
PUBLIC LAW 102-563— OCT. 28, 1992
Reports.
during the preceding 4 calendar quarters, the royalty pay¬
ment shall be based on a constructed price reflecting the
proportional value of such device to the combination as
a whole.
"(3) Limits on royalties. — ^Notwithstanding paragraph (1)
or (2), the amount of the royalty payment for each ^gital
audio recording device shall not be less than $1 nor more
than the royalty maximum. The royalty maximum shall be
$8 per device, except that in the case of a physically integrated
unit containing more than 1 digital audio recording device,
the royalty maximum for such unit shall be $12. During the
6th year ^er the effective date of this chapter, and not more
than once each year thereafter, any interested copyright party
may petition the Copyright Royalty Tribunal to increase the
royalty TnaxiTnum and, if more than 20 percent of the royalty
payments are at the relevant royalty maximum, the Tribunri
shall prospectively increase such royalty maximum vrith the
goal of having no more than 10 percent of such payments
at the new royalty maximum; however the amount of any
such increase as a percentage of the royalty maximum shall
in no event exceed the percentage increase in the Consumer
Price Index during the period imder review.
“(b) Digital Audio Recording Media.— The royalty payment
due imder section 1003 for each digital audio recording medium
imported into and distributed in the United States, or manufactured
and distributed in the United States, shall be 3 percent of the
transfer price. Only the first person to manufacture and distribute
or import and distribute such medium shall be required to pay
the royalty with respect to such medium.
Ҥ1005. Deposit of royalty payments and deduction of
expenses
“The Register of Copyrights shall receive all royalty pa3maent8
deposited under this chapter and, after deducting the reasonable
costs incurred by the Copyright Office under this chapter, shall
deposit the balance in the Treasury of the United States as off¬
setting receipts, in such manner as the Secretary of the Treasury
directs. All funds held by the Secretary of the Treasury shall
be invested in interest-bearing United States securities for later
distribution with interest under section 1007. The Register may,
in the Register’s discretion, 4 years after the close of any calendar
year, close out the royalty payments account for that calendar
year, and may treat any funds remaining in such accoimt and
any subsequent deposits that would otherwise be attributable to
that calendar year as attributable to the succeeding calendar year.
The Register shall submit to the Copyright Royalty Tribunal, on
a monthly basis, a financial statement reporting the amount of
royalties under this chapter that are available for distribution.
Ҥ 1006. Entitlement to royalty payments
“(a) Interested Copyright Parties.— The royalty payments
deposited pursuant to section 1005 shall, in accordance vrith the
procedures specified in section 1007, be distributed to any interested
copyright party —
“(1) whose musical work or sound recording has been —
PUBLIC LAW 102-563--OCT. 28, 1992
106 STAT. 4243
“(A) embodied in a digital musical recording or an
analog musical recording lawfully made imder this title
that has been distributed, and
“(B) distributed in the form of digital musical record¬
ings or analog musical recordings or disseminated to the
piiblic in transmissions, during the period to which such
pa3Tnents pertain; and
“(2) who has filed a claim under section 1007.
‘(b) Allocation of Royalty Payments to Groups.— The roy-
pa3niients shall be divided into 2 funds as follows:
“(1) The sound recordings fund.— 66% percent of the
royalty payments shall be allocated to the Sound Recordings
Fund. 2% percent of the royalty payments allocated to the
Sound Recordings Fund shall be placed in an escrow account
nanaged by an independent administrator jointly appointed
3y the interested copyright parties described in section
L001(7)(A) and the American Federation of Musicians (or any
mccessor entity) to be distributed to nonfeatured musicians
whether or not members of the American Federation of
Musicians or any successor entity) who have performed on
30und recordings distributed in the United States. 1% percent
)f the royalty payments allocated to the Sound Recordings
Fund shall be placed in an escrow account managed by an
independent administrator jointly appointed by the interested
copyright parties described in section 1001(7)(A) and the Amer-
caui Federation of Television and Radio Artists (or any succes-
3or entity) to be distributed to nonfeatured vocailists (whether
)r not members of the American Federation Television and
[ladio Artists or any successor entity) who have performed
)n sound recordings distributed in the United States. 40 percent
)f the remaining royalty pa3niients in the Sound Recordings
Fund shadl be distributed to the interested copyright paulies
iescribed in section 1001(7)(C), and 60 percent or such remain¬
ing royalty payments shall be distributed to the interested
:op3night parties described in section 1001(7)(A).
“(2) The musical works fund. —
“(A) 33% percent of the royalty payments shall be
allocated to the Musical Works Fund for distribution to
interested c(m3rright parties described in section 1001(7)(B).
“(B)(i) Music publishers shall be entitled to 50 percent
of the royalty payments allocated to the Musical Works
Fund.
“(ii) Writers shall be entitled to the other 50 percent
of the royalty payments allocated to the Musical Works
Fund.
‘(c) Allocation of Royalty Payments Within Groups.— If
nterested copyright parties within a group specified in sub-
on (b) do not agree on a voluntary proposal for the distribution
e royalty payments within each group, the Copyright Royalty
jnal shall, pursuant to the procedures specified under section
(c), allocate royalty payments imder this section based on the
it to which, during the relevant period —
“(1) for the Sound Recordings Fund, each sound recording
was distributed in the form of digital musical recordings or
malog musical recordings; and
“(2) for the Musical Works Fund, each musical work was
ii n ‘.I _ -J' _ _ _ 1 _
106 STAT. 4244
PUBLIC LAW 102-563— OCT. 28, 1992
Regulations.
musical recordings or disseminated to the public in trans¬
missions.
Ҥ 1007. Procedures for distributing royalty payments
“(a) Filing of Claims and Negotiations. —
“(1) Filing of claims. — ^During the first 2 months of each
calendar year after the calendar year in which this chapter
takes effect, every interested copyright party seeking to receive
royalty parents to which such party is entitled imder section
1006 shall file with the Copyright Royalty Tribunal a daim
for payments collected during the preceding year in such form
and manner as the Tribimal shml prescribe by regulation.
“(2) Negotiations. — ^Notwithstanding any provision of the
antitrust laws, for purposes of this section interested copyright
parties within each ^oup specified in section 1006(d) may
agree among themselves to the proportionate division of royalty
pajrments, may lump their claims together and file them jointly
or as a single claim, or may designate a common a^nt, includ¬
ing any organization described in section 1001(7)(D), to nego¬
tiate or receive payment on their behalf; except that no agree¬
ment under this subsection may modify the allocation of royal¬
ties specified in section 1006(b).
“(b) Distribution of Payments in the Absence of a Dis¬
pute. — ^Within 30 days after the period established for the filing
of claims under subsection (a), in each year after the year in
which this section takes effect, the Copyright Royalty Tribunal
shall determine whether there exists a controversy concerning the
distribution of royalty pa3nnents under section 1006(c). If the TMbu-
nal determines that no such controversy exists, the Tribunal shall,
within 30 days after such determination, authorize the distribution
of the royalty payments as set forth in the agreements regarding
the distribution of royalty payments entered into pursuant to sub¬
section (a), after deducting its reasonable administrative costs imder
this section.
"(c) Resolution of Disputes. — ^If the Tribimal finds the exist¬
ence of a controversy, it shall, pursuant to chapter 8 of this title,
conduct a proceeding to detemune the distribution of royalty pay¬
ments. During the pendency of such a proceeding, the Tribunal
shall withhold from distribution an amount sufficient to satisfy
all claims with respect to which a controversy exists, but shall,
to the extent feasible, authorize the distribution of any amounts
that are not in controversy. The Tribunal shall, before authorizing
the distribution of such royalty pa3anents, deduct its reasonable
administrative costs imder tins section.
“SUBCHAPTER D— PROHIBITION ON CERTAIN
INFRINGEMENT ACTIONS, REMEDIES, AND ARBITRATION
"§ 1008. Prohibition on certain infringement actions
“No action may be brought under this title alleging infringe¬
ment of cop3D^ht based on the manufacture, importation, or ms-
feibution or a digital audio recording device, a digital audio record¬
ing medium, an analog recording device, or an analog recording
medium, or based on the noncommercial use by a consumer of
such a device or medium for making digital musical recordings
or analog musical recordings.
PUBLIC LAW 102-563— OCT. 28, 1992
106 STAT. 4245
)09. Civil remedies
“(a) Civil Actions. — ^Any interested copyright party injured
i violation of section 1002 or 1003 may bring a civil action
n appropriate United States district court ageiinst any person
uch violation.
“(b) Other Civil Actions. — ^Any person injured by a violation
lis chapter may bring a civil action in an appropriate United
es district court for actual damages incurred as a result of
L violation.
“(c) Powers op the Court. — In an action brought under sub-
ion (a), the court —
“(1) may grant temporary and permanent injimctions on
such terms as it deems reasonable to prevent or restrain such
violation;
“(2) in the case of a violation of section 1002, or in the
case of an injury resulting from a failure to make royalty
payments required by section 1003, shall award damages under
subsection (d);
“(3) in its discretion may allow the recovery of costs by
or against any party other than the United States or an officer
thereof; and
“(4) in its discretion may award a reasonable attorney’s
fee to the prevailing party.
“(d) Award of Damages.—
“(1) Damages for section 1002 or 1003 violations.—
“(A) Actual damages. — (i) In an action brought under
subsection (a), if the court finds that a violation of section
1002 or 1003 has occurred, the court shall award to the
complaining party its actu^ damages if the complaining
party elects such damages at any time before final judg¬
ment is entered.
“(ii) In the case of section 1003, actual damages shall
constitute the royalty payments that should have been
paid imder section 1004 and deposited imder section 1005.
In such a case, the court, in its discretion, may award
an additional amount of not to exceed 50 percent of the
actual damages.
“(B) Statutory damages for section 1002 vio¬
lations.—
“(i) Device. — ^A complaining party may recover an
award of statuto^ damages for each violation of section
1002 (a) or (c) in the sum of not more than $2,500
per device involved in such violation or per device
on which a service prohibited by section 1002(c) has
been performed, as the court considers just.
“(ii) Digital musical recording. — ^A complaining
party may recover an award of statutory damages for
each violation of section 1002(d) in the sum of not
more than $25 per digital musical recording involved
in such violation, as the court considers just.
“(iii) Transmission. — ^A complaining party may
recover an award of damages for each transmission
or communication that violates section 1002(e) in the
sum of not more than $10,000, as the court considers
just.
“(2) Repeated violations. — ^In any case in which the court
finds that a person has violated section 1002 or 1003 within
106 STAT. 4246
PUBLIC LAW 102-563— OCT. 28, 1992
Federal
Register,
publication.
3 years after a final judgment against that person for anothe:
such violation was entered, the court may increase the awar(
of damages to pot more than double the amounts that woul(
otherwise be awarded under paragraph (1), as the court consid
ersjust.
“(3) Innocent violations of section 1002.— The court u
its discretion may reduce the total award of damages agains
a person violating section 1002 to a sum of not less thaj
$250 in any case in which the court finds that the violate
was not aware and had no reason to believe that its act
constituted a violation of section 1002.
“(e) Payment of Damages. — ^Any award of damages under sub
section (d) shall be deposited with the Register pursuant to sectioi
1005 for distribution to interested copyright parties as though sud
fimds were royalty payments made pursuant to section 1003.
“(f) Impounding of Articles. — ^At any time while an actio]
under subsection (a) is pending, the court may order the impound
ing, on such terms as it deems reasonable, of any digital audi
recording device, digital musical recording, or device specified ii
section 1002(c) that is in the custody or control of the allege
violator and that the court has reasonable cause to beheve doe
not comply vdth, or was involved in a violation of, section 1005
“(g) Remedial Modification and Destruction of Articles.-
In an action brought imder subsection (a), the court may, as pai
of a final judgment or decree finding a violation of section 1005
order the remedial modification or the destruction of any digita
audio recording device, digital musical recording, or device specific
in section 1002(c) that¬
'll) does not comply vdth, or was involved in a violatio:
of, section 1002, and
“(2) is in the custody or control of the violator or ha
been impounded under subsection (f).
"§ 1010. Arbitration of certain disputes
“(a) Scope of Arbitration. — ^Before the date of first dis
tribution in the United States of a digital audio recording devic
or a digital audio interface device, any party manufacturing, imporl
ing, or distributing such device, and any interested copyright part
may mutually agree to binding arbitration for the purpose of detei
mining whether such device is subject to section 1002, or th
basis on which royalty pa3mttents for such device are to be mad
under section 1003.
“(b) Initiation of Arbitration Proceedings.— Parties agre<
ing to such arbitration shall file a petition with the Copyrigb
Royalty Tribunal requesting the commencement of an arbitratio
proceeding. The petition may include the names and qualification
of potential arbitrators. Within 2 weeks after receiving such
petition, the Tribimal shall cause notice to be published in th
Federal Remster of the initiation of an arbitration proceeding. Sue
notice shall include the names and qualifications of 3 arbitratoi
chosen by the '^bunal fi:om a list of available arbitrators obtaine
from ihe American Arbitration Association or such similar organize
tion as the Tribunal shall select, and from potential arbitratoi
listed in the parties’ petition. The arbitrators selected under thi
subsection shall constitute an Arbitration Panel.
“(c) Stay of Judicial Proceedings.— Any civil action brougl
under section 1009 against a party to arbitration under this sectio
PUBLIC LAW 102-563— (XT. 28, 1992
106 STAT. 4247
ball, on application of one of the parties to the arbitration, be
bayed until completion of the arbitration proceeding.
“(d) Arbitration Proceeding.— The Arbitration Panel shall
anduct an arbitration proceeding with respect to the matter con-
Bmed, in accordance with such procedures as it may adopt. The
'anel shall act on the basis of a fully documented written record,
jiy party to the arbitration may submit relevant information and
roposals to the Panel. The parties to the proceeding shall bear
ae entire cost thereof in such manner and proportion as the Panel
ball direct.
“(e) Report to Copyright Royalty Tribunal.— Not later than
0 days after publication of the notice under subsection (b) of
lie initiation of an arbitration proceeding, the Arbitration Panel
baU report to the Copyright Royalty Tribunal its determination
ancerning whether the device concerned is subject to section 1002,
r the basis on which royalty payments for the device are to be
lade under section 1003. Such report shall be accompanied by
ae written record, and shall set forth the facts that the Panel
)und relevant to its determination.
“(f) Action by the Copyright Royalty Tribunal.— Within
0 days after receiving the report of the Arbitration Panel under
ubsection (e), the Copyright Royalty Tribunal shall adopt or reject
lie determination of the Panel. The Tribunal shall adopt the deter-
‘nation of the Panel unless the Tribunal finds that the determina-
lon is clearly erroneous. If the Tribunal rejects the determination
f the Panel, the Tribunal shall, before the end of that 60-day
eriod, and after full examination of the record created in the
bitration proceeding, issue an order setting forth its decision
d the reasons therefor. The Tribiuial shall cause to be pubhshed
1 the Federal Register the determination of the Panel and the
ecision of the Tribunal under this subsection with respect to the
etermination (including any order issued under the preceding sen-
jnce).
“(g) Judicial Review, — ^Any decision of the Copyright Royalty
'ribunal under subsection (f) with respect to a determination of
ae Arbitration Panel may be appealed, by a party to the arbitration,
) the United States Court of Appeals for the District of Columbia
lircuit, within 30 days after the publication of the decision in
ae Federal Register. The pendency of an appeal imder this sub-
ction shall not stay the 'Wbunal’s decision. The comi; shall have
irisdiction to modify or vacate a decision of the Tribunal only
' it finds, on the basis of the record before the Tribunal, that
ae Arbitration Panel or the Tribunal acted in an arbitrary manner,
f the court modifies the decision of the Tribimal, the court shall
ave jurisdiction to enter its own decision in accordance with its
nal judgment. The court may further vacate the decision of the
ribunal and remand the case for arbitration proceedings as pro-
ided in this section.”.
EC. 3. TECHNICAL AMENDMENTS.
(a) Functions of Register.— Chapter 8 of title 17, United
tates Code is amended —
(1) in section 801(b) —
(A) by striking “and” at the end of paragraph (2);
(B) by striking the period at the end of paragraph
(3) and inserting and”; and
Federal
Regi^r,
publication.
106 STAT. 4248
PUBLIC LAW 102-563— OCT. 28, 1992
17 use 1001
note.
(C) by adding the following new paragraph at the
end:
“(4) to distribute royalty payments deposited with the Reg¬
ister of Copyrights under section 1003, to determine the dis¬
tribution of such payments, and to carry out its other respon¬
sibilities under chapter 10”; and
(2) in section 804(d) —
(A) by inserting “or (4)” after “801(b)(3)”; and
(B) by striking “or 119” and inserting “119, or 1007”.
(b) Definitions. — Section 101 of title 17, United States Code,
is amended by striking “As used” and inserting “Except as otherwise
provided in this title, as used”.
(c) Mask Works. — Section 912 of title 17, United States Code,
is amended —
(1) in subsection (a) by inserting “or 10” after “8”; and
(2) in subsection (b) by inserting “or 10” after “8”.
(d) Conforming Amendment to Section 337 of the Tariff
Act of 1930. — ^The second sentence of section 337(b)(3) of the
Tariff Act of 1930 (19 U.S.C. 1337(b)(3)) is amended to read as
follows: “If the Commission has reason to believe that the matter
before it (A) is based solely on alleged acts and effects which
are within the purview of section 303, 671, or 673, or (B) relates
to an Sieged copyright infringement with respect to which action
is prohibited by section 1008 of title 17, United States Code, the
Commission shall terminate, or not institute, any investigation
into the matter.”.
SEC. 4. EFFECTIVE DATE.
This Act and the amendments made by this Act shall take
effect on the date of the enactment of this Act.
Approved October 28, 1992.
legislative history— S. 1623 (H.R. 3204):
HOUSE REPORTS: No. 102-873, Pt. 1 (Comm, on the Judiciary) and Pt. 2 (Comm, on
Ways and Means) both accompan3dng H.R. 3204.
SENATE REPORTS: No. 102-294 (Comm, on the Judiciary).
CONGRESSIONAL RECORD, Vol. 138 (1992):
June 17, considered and passed Senate.
Sept. 22, H.R. 3204 considered and passed House; S. 1623, amended, passed in
lieu.
Oct. 7, Senate concurred in House amendments.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 28 (1992):
Oct. 28, Presidential statement.
PUBLIC LAW 102-564— OCT. 28, 1992
106 STAT. 4249
iiblic Law 102-564
I2d Congress
An Act
provide the Adniimstrator of the Small Business Administration continued author-
ty to administer the Small Business Innovation Research Program, and for other
)urposes.
Be it enacted hy the Senate and House of Representatives of
e United States of America in Congress assembled,
ICTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title. — ^This Act may be cited as the “Small Business
(Search and Development Enhancement Act of 1992”.
(b) Table of Contents. — The table of contents for this Act
as follows:
1. Short title; table of contents.
TITLE I— SMALL BUSINESS INNOVATION RESEARCH PROGRAM
101. Short title.
. 102. Findings and purposes.
. 103. Amendments to small business innovation research program.
. 104. Extension of SBIR program.
. 105. Reports of the Comptroller General.
. 106. Recommendations of the Secretary of Defense.
GTLE II— SMALL BUSINESS TECHNOLOGY TRANSFER PILOT PROGRAM
;. 201. Short title.
:. 202. Establishment of small business technology transfer pilot program.
TITLE m— MISCELLANEOUS PROVISIONS
301. Discretionary technical assistance to SBIR awardees.
:. 302. Extension of the technology transfer demonstration program.
:. 303. Reporting requirements.
:. 304. Small Business Institutes.
305. Additional SBIR and STTR provisions.
306. Sense of the Congress concerning American-made equipment and prod¬
ucts.
:. 307. Technical corrections.
ITLE I— SMALL BUSINESS INNOVATION
RESEARCH PROGRAM
1C. 101. SHORT TITLE.
This title may be cited as the “Small Business Innovation
(search Program Reauthorization Act of 1992”.
C. 102. FINDINGS AND PURPOSES.
(a) Findings. — The Congress finds that —
(1) the small business innovation research program estab¬
lished imder the Small Business Innovation Development Act
of 1982 (hereafter in this Act referred to as the “SBIR” program)
has been a successful method of involving small business con¬
cerns in Federal research and development;
Oct. 28, 1992
[S. 2941]
Small Business
Research and
Development
Enhancement
Act of 1992.
15 use 631
note.
Small Business
Innovation
Research
Program
Reauthorization
Act of 1992.
15 use 631
note.
15 use 638
note.
(2) the small busmess innovation research program has
been an effective catalyst for the development of technological
innovations by small business concerns;
(3) small business innovation research program partici¬
pants have provided high quality research and development
in a cost-effective manner;
(4) the innovative products and services developed by small
business concerns participating in the small business innova¬
tion research program have been important to the national
defense, as well as to the missions of the other participating
Federal agencies;
(5) the small business innovation research program has
effectively stimulated the commercialization of technology
developed through Federal research and development, benefit¬
ing both the pubfic and private sectors of the Nation;
(6) by encouraging the development and commercialization
of technological innovations, the small business innovation
research program has created jobs, expanded business
opportunities for small firms, stimulated the development of
new products and services, and improved the competitiveness
of the Nation’s high technology industries;
(7) the small business innovation research program has
also helped to increase exports from small business concerns;
(8) despite the general success of the small business innova¬
tion research proOTam, the proportion of Federal research and
development funds received by small business concerns has
not increased over the life of the program, but has remained
at 3 percent; and
(9) although the participating Federal agencies have suc¬
cessfully implemented most aspects of the small business
innovation research program, additional outreach efforts Eire
necessary to stimulate increased participation of socially and
economically disadvantaged small Business concerns.
(b) Purposes. — The purposes of this title are —
(1) to expand and improve the small business innovation
research program;
(2) to emphasize the program’s goal of increasing private
sector commercialization of technology developed through Fed¬
eral research and development;
(3) to increase small business participation in Federal
research and development; and
(4) to improve the Federal Grovernment’s dissemination
of information concerning the small business innovation
research prograun, particularly with regard to program partici¬
pation by women-owned small business concerns and by socially
and economically disadvantaged small business concerns.
SEC. 103. AMENDMENTS TO SMALL BUSINESS INNOVATION RESEARCH
PROGRAM.
(a) Definition of the Small Business Innovation Kbsearch
Program. — Section 9(e)(4) of the Small Business Act (15 U.S.C.
638(e)(4)) is amended —
(1) in subparagraph (A), by inserting “that appear to have
commercial potentigd, as described in subpara^aph (B)(ii),”
after “ideas”; and
(2) by striking subparagraphs (B) and (C) and inserting
the following:
PUBLIC LAW 102-564— OCT. 28, 1992
106 STAT. 42S
“(B) a second phase, to further develop proposals which
meet particular program needs, in which awards shall be
made based on the scientific and technical merit and fea¬
sibility of the proposals, as evidenced by the first phase,
considering, among other things, the proposal’s commercial
potential, as evidenced by —
“(i) the small business concern’s record of success¬
fully commercializing SBIR or other research;
“(ii) the existence of second phase funding commit¬
ments from private sector or non-SBIR funding sources;
“(iii) the existence of third phase, follow-on commit¬
ments for the subject of the research; and
“(iv) the presence of other indicators of the com¬
mercial potential of the idea; and
“(C) where appropriate, a third phase —
“(i) in which commercial applications of SBIR-
funded research or research and development are
funded by non-Federal sources of capital or, for prod¬
ucts or services intended for use by the Federal Gevem-
ment, by follow-on non-SBIR Federal funding awards;
and
“(ii) for which awards from non-SBIR Federal fund¬
ing sources are used for the continuation of research
or research and development that has been competi¬
tively selected using peer review or scientific review
criteria; and”.
(b) Required Expenditures for SBIR by Federal Agen¬
cies.— Section 9(f) of the Small Business Act (15 U.S.C. 638(f))
is amended to read as follows:
“(f) Federal Agency Expenditures for the SBIR Program. —
“(1) Required expenditure amounts.— Each Federal
agency which has an extramural budget for research or research
and development in excess of $100,000,000 for fiscal year 1992,
or any fiscal year thereafter, shall expend with smaU business
concerns —
“(A) not less than 1.5 percent of such budget in each
of fiscal years 1993 and 1994;
“(B) not less than 2.0 percent of such budget in each
of fiscal years 1995 and 1996; and
“(C) not less than 2.5 percent of such budget in each
fiscal year thereafter,
specifically in connection with SBIR programs which meet the
requirements of this section, policy directives, and regulations
issued under this section.
“(2) Limitations. — ^A Federal agency shall not —
“(A) use any of its SBIR budget established pursuant
to paragraph (1) for the purpose of funding administrative
costs of the program, including costs associated with sala¬
ries and expenses; or
“(B) make available for the purpose of meeting the
requirements of paragraph ( 1) an amount of its extramural
budget for basic research which exceeds the percentages
specified in paragraph (1).
“(3) Exclusion of certain funding agreements.— Fund¬
ing agreements with small business concerns for research or
research and development which result from competitive or
single source selections other than an SBIR pro^am shall
4252
PUBUC LAW 102-564-<Krr. 28. 1992
not be considered to meet any portion of the percentage require¬
ments of paragraph (1).”.
(c) Inclusion op Certain Department of Defense Research
AND Development Acttvities. — Section 9(e) of the Small Business
Act (15 U.S.C. 638(e)) is amended in paragraph (1), by strikiM
“for the Department of Defense” and aU that follows through “devel¬
opment” and inserting “for the Department of Energy it shall not
include amounts obUgated for atomic energy defense programs
solely for weapons activities or for naval reactor programs”.
(d) SBER Solicitations. — Section 9(g) of the Small Business
Act (16 U.S.C. 638(g)) is amended—
(1) by redesignating paragraphs (3) through (7) as para¬
graphs (4) through (8), respectively; and
(2) by inser&ig after paragraph (2) the following new para¬
graph:
“(3) unilaterally determine research topics within the agen-
cy*3 SBIR solicitations, givmg special consideration to broad
research topics and to topics that further 1 or more critical
technolomes, as identified by —
“(A) the National Critical Technologies Panel (or its
successor) in the 1991 report required under section 603
of the National Science and Technology Policy, Organiza¬
tion, and Priorities Act of 1976, and in subsequent reports
issued under that authority; or
“(B) the Secretary of Defense, in the 1992 report issued
in acco^ance with section 2522 of title 10, Umted States
Code, and in subsequent reports issued imder that author¬
ity;”.
(e) Deadline for Final Payment Under SBIR Funding
Agreements.— Action 9(gX7) of the Small Business Act (15 U.S.C.
638(gX7)) (as redesignated by subsection (d)(1)) is amended by
inserti^ l^fore the semicolon the following: “and, in all cases,
make payment to recipients under such agreements in full, subject
to audit, on or before me last day of the 12-month period beginning
on the date of completion of such requirements”.
(f) Modifications to SBIR Policy Directives.— Section 9(j)
of the Small Business Act (15 U.S.C. 638(j)) is amended —
(1) in paragraph (2), by redesij^ating subparagraphs (A)
through (H) as clauses (i) through (viii), respectively;
(2) by redesignating paragraphs (1) through (7) as sub-
paragraphs (A) through (G), respectively;
(3) by inserting tefore “The Small Business Administration”
the foUowing:
“(1) Policy directives.—”; and
(4) by adding at the end the following new paragraph:
“(2) Modifications. — ^Not later than 90 days after the date
of enactment of the Small Business Research and Development
Enhancement Act of 1992, the Administrator shall moduy the
policy directives issued pursuant to this subsection to provide
for —
“(A) retention by a small business concern of the rights
to data generated by the concern in the performance of
an SBIR award for a period of not less than 4 years;
“(B) continued use by a small business concern partici¬
pating in the third phase of the SBIR program, as a
directed bailment, of any property transferred by a Federal
agency to the small business concern in the second phase
PUBLIC LAW 102-564--OCT. 28, 1992
106 STAT. 4253
of an SBIR program for a period of not less than 2 years,
beginning on the initial date of the concern’s participation
in the third phase of such program;
“(C) procedures to ensure, to the extent practicable,
that an agency which intends to pursue research, develop¬
ment, or production of a technology developed by a small
business concern under an SBIR program enters into fol¬
low-on, non-SBIR funding agreements with the small busi¬
ness concern for such research, development, or production;
“(D) an increase to $100,000 in the amount of funds
which an agency may award in the first phase of an SBIR
program, and to $750,000 in the second phase of an SBIR
program, and an ac^ustment of such amounts once every
5 years to reflect economic adjustments and programmatic
considerations;
“(£) a process for notifying the participating SBIR
agencies and potential SBIR participants of the 1991, 1992,
and the current critical technol^es, as identified —
“(i) by the National (Tritical Technologies Panel
(or its successor), in accordance with section 603 of
the National Science and Technology Policy, Organiza¬
tion, and Priorities Act of 1976; or
“(ii) by the Secretary of Defense, in accordance
with section 2522 of title 10, United States Code;
“(F) enhanced outreach efforts to increase the participa¬
tion of socially and economically disadvantaged smsdl busi¬
ness concerns, as defined in section 8(a)(4), and the partici¬
pation of small businesses that are 51 percent owned and
controlled by women in technolo^cal innovation and in
SBIR programs, including the tmrd phase of sudi pro¬
grams, and the collection of data to document such partici¬
pation;
“(G) technical and programmatic guidance to encourage
agencies to develop gap-fading programs to address the
delay between an award for the first phase of an SBIR
program and the application for and extension of an award
for the second phase of such program;
“(H) procedures to ensure that a small business concern
that submits a proposal for a funding a^eement for the
first phase of an SBIR program and that has received
more than 15 second phase SBIR awards during the preced¬
ing 5 fiscal years is able to demonstrate the extent to
which it was able to secure third phase funding to develop
concepts resulting from previous second phase SBIR
awards; and
“(I) procedures to ensure that agencies participating
in the SBIR program retain the information submitted
under subparagraph (H) at least until the General Account¬
ing Office submits the report required under section 105
of the Small Business Research and Development Enhance¬
ment Act of 1992.”.
(g) Rumination of Surveying and Reporting Require¬
ment. — Section 9(k) of the Small Business Act (15 U.S.C. 638(k))
is amended to read as follows:
106 STAT. 4254
PUBUC LAW 102-564— OCT. 28, 1992
15 use 638
and note.
15 use 638
note.
(1) In general.— Section 9 of the Small Business Act (15
U.S.C. 638) is amended by adding at the end the following
new subsection:
“(Z) Reporting of Awards Made From Single Proposal, to
Multiple Award Winners, or to Crttigal Teghnology Topics.—
“(1) Single proposal.— If a Federal agency required to
establish an SBIR program under subsection (f) makes an
award with respect to an SBIR solicitation topic or subtopic
for which the agency received only 1 proposal, the agency
shall provide written justification for makmg the award in
its next qimrterly report to the Administration and in the
agenc/s next annual report required under subsection (gX8).
“(2) Multiple awards. — An agency referred to in para¬
graph (1) shall include in its next annual report required under
subsection (gX8) an accounting of the awards the agency has
made for the first phase of an SBIR pro^am during the report¬
ing period to entities that have received more than 15 awards
for me second phase of an SBIR program during the preceding
5 fiscal years.
“(3) Critical technology awards.— An agency referred
to in paragraph (1) shall include in its next annual report
required imder subsection (gX8), an accounting of the number
of awards it has made to critical technology topics, as defined
in subsection (gX3), including an identification of the specific
critical technolo^es topics, and the percentage by number and
dollar amount of the agency’s total SBIR awards to such critical
technolc^ topics.”.
(2) (jonforming amendment.— Section 9(g)(5) of the Small
Business Act (16 U.S.C. 638(g)(5)) (as redesignated by sub¬
section (d)) is amended by inserting "subject to subsection (Z),”
before “unilaterally”.
(i) Information on Allowable Expenses. — Section 9(g)(5) of
the Small Business Act (as redesignated by subsection (d)) is amend¬
ed by inserting before the seimcolon the following: “and inform
each awardee under such an agreement, to the extent possible,
of the expenses of the awardee that will be allowable under the
funding agreement”.
SEC. 104. EXTENSION OF SBIR PROGRAM.
(a) Repeal Provision. — Section 5 of the Small Business Innova¬
tion Development Act of 1982 is hereby repealed.
(b) Termination Date. — Section 9 of the Small Business Act
(15 U.S.C. 638) is amended by adding at the end the following:
“(m) Termination. — ^The authorization to carry out the Small
Business Iimovation Research Program under this section shall
terminate on October 1, 2000.”.
SEC. 106. REPORTS OF THE COMPTROLLER GENERAL.
(a) Interim Report.—
(1) In general. — ^The Comptroller General of the United
States shall submit to the Congress an interim r^ort concern¬
ing the quality of research performed under SBIR program
funding agreements entered into during fiscal year 1993 and
thereafter. Copies of the interim report shall be furnished to
each agency that has participated in the SBIR program in
fiscal year 1993 or thereafter.
(2) Contents of report. — ^The Comptroller General shall
include in the interim report required under paragraph (1)—
PUBLIC LAW 102-564--OCT. 28, 1992
106 STAT. 425
(A) an assessment of the quaUty of the research per¬
formed under the SBIR program funding agreements
entered into by each agency that has participated in the
SBIR program beginning in fiscal year 1993 or thereafter,
specifically addressing —
(i) with respect to each such agency, whether or
not there has been a demonstrable reduction in
research quality; and
(ii) in the case of such reduction, whether an
increase in each such agency’s required SBIR participa¬
tion in accordance with section 9(f)(1) of the SmaU
Business Act (as amended by subsection (b) of this
section) would adversely affect the performance of the
s^enc/s research programs;
(B) an analysis of the program authorized by section
301 of the Small Business ^search and Development
Enhancement Act of 1992, considering, among other
things —
(i) the extent to which each SBIR agency has
implemented the program and the extent to which
the program has improved the quality of agency-spon¬
sored research and development;
(ii) the effect of the program on recipient compa¬
nies’ ability to develop and commercialize technology;
(iii) the cost of the program and the average cost
per recipient company; and
(iv) the extent to which SBIR companies continue
to use the service after completion of the program;
and
(C) such other factors as the Comptroller General may
deem appropriate.
(b) Final Report. — ^The Comptroller General of the United
States shall transmit to the Congress a final report containing —
(1) a review of the progress made by Federal agencies
in meeting the requirements of section 9(f) of the Small Busi¬
ness Act (as amended by this Act), including increases in
expenditures required by that subsection;
(2) an analysis of participation by small business concerns
in the third phase of SBIR prog^-ams, including a systematic
evaluation of the techniques adopted by Federal agencies to
foster commercialization;
(3) an analysis of the extent to which awards under SBIR
programs are made pursuant to section 9(1) of the Small Busi¬
ness Act (as added by section 103(h)) in cases in which a
program solicitation receives only 1 proposal;
(4) an analysis of the extent to wnich awards in the first
phase of the SBIR program are made to small business concerns
that have received more than 15 second phase awards under
the SBIR program in the preceding 5 fiscal years, considering —
(A) the extent to which such concerns were able to
secure Federal or private sector follow-on funding;
(B) the extent to which the research developed under
such awards was commercialized; and
(C) the amount of commercialization of research devel¬
oped under such awards, as compared to the amount of
commercialization of SBIR research for the entire SBIR
program;
106 STAT. 4256
PUBLIC LAW 102-564— OCT. 28, 1992
15 use 638
note.
Small Business
Technology
Transfer
Act of 1992.
15 use 631
note.
(5) the results of periodic random audits of the extramural
budget of each such Federal agency;
(6) a review of the extent to which the ptuposes of this
title and the Small Business Innovation Development Act of
1982 have been met with regard to fostering ana encouraging
the participation of women-owned small business concerns and
soci^y and economically disadvantaged small business con¬
cerns (as defined in the Small Business Act) in technological
innovation, in general, and the SBIR proCTam, in partic^ar;
(7) an analysis of the effectiveness of the SBIR program
in promoting the development of the critical technologies identi¬
fied by the Secretary of Defense and the National Critical
Technologies Panel (or its successor), as described in subpara¬
graph 9(jX2)(E) of the Small Business Act;
(8) an analysis of the impact of agency application review
periods and funding cycles on SBIR program awardees’ financial
status and ability to commercialize; and
(9) recommendations to the Confess for tracking the
extent to which foreign firms, or United States firms with
substantial foreign ownership interests, benefit from technology
or products developed as a direct result of SBIR research or
research and development.
(c) Dates of Submission.— The report required—
(1) under subsection (a), shall be submitted to the Congress
not later than March 31, 1995; and
(2) under subsection (b), shall be submitted to the Congress
not later than 5 years after the date of enactment of this
title.
SEC. 106. BECOMMENDATIONS OF THE SECRETARY OF DEFENSE.
Not later than March 31, 1996, the Secretary of Defense shall
submit a recommendation to the Congress addressing whether there
has been a demonstrable reduction in the quality of research per¬
formed under the SBIR program since the beginning of fiscal year
1993, such that increasing the percentage under section 9(f)(1)(C)
of the Small Business Act (as amended by section 103 of this
Act) would adversely affect the performance of the research pro¬
grams of the Department of Defense.
TITLE II— SMALL BUSINESS TECH¬
NOLOGY TRANSFER PILOT PROGRAM
SEC. 201. SHORT TITLE.
This title may be cited as the “Small Business Technology
Transfer Act of 1992”.
SEC. 202. ESTABUSHMENT OF SMALL BUSINESS TECHNOLOGY TRANS¬
FER PILOT PROGRAM.
(a) Additional SBA Duties. — Section 9(b) of the Small Busi¬
ness Act (15 U.S.C. 638(b)) is amended —
(1) in paragraph (4), by inserting “and small business tech¬
nology transfer pilot programs” after “small business innovation
research programs”; and
(2) in paragraphs (5), (6), and (7), by inserting “and STTR”
after “SBIR” each place such term appears.
PUBLIC LAW 102-564— OCT. 28, 1992
106 STAT. 4257
(b) Small Business Technology Transfer Pilot Program
IFINED. — Section 9(e) of the Small Business Act (15 U.S.C. 638(e))
unended —
(1) in paragraph (4), by striking “and” at the end;
(2) in paragraph (5), by strung the period at the end
and inserting a semicolon; and
(3) by adding at the end the following new paragraphs:
“(6) the term ‘Small Business Technology Transfer Pro¬
gram’ or ‘STTR’ means a pilot program under which a portion
of a Federal Roney’s extramural research or research and
development e^rt is reserved for award to small business
concerns for cooperative research and development through
a uniform process having —
“(A) a first phase, to determine, to the extent possible,
the scientific, technical, and commercial merit and fea¬
sibility of ideas submitted pursuant to STTR program solici¬
tations;
“(B) a second phase, to further develop proposed ideas
to meet particular program needs, in which awards shaU
be made based on the scientific, technical, and commercial
merit and feasibility of the idea, as evidenced by the first
phase and by other relevant information; and
“(C) where appropriate, a third phase —
“(i) in wnich commercial applications of STTR-
funded research or research and development are
funded by non-Federal sources of capital or, for prod¬
ucts or services intended for use by the Federal Grovem-
ment, by follow-on non-STTR Federal funding awards;
and
“(ii) for which awards from non-STTR Federal
funding sources are used for the continuation of
research or research and development that has been
competitively selected using peer review or scientific
review criteria;
“(7) the term ‘cooperative research and development’ means
research or research and development conducted jointly by
a small business concern and a research institution in which
not less than 40 percent of the work is performed by the
small business concern, and not less than 30 percent of the
work is performed by the research institution; ana
“(8) the term ‘research institution’ means a nonprofit
institution, as defined in section 4(5) of the Stevenson-Wydler
Technology Innovation Act of 1980, and includes federally
funded research and development centers, as identified by the
National Scientific Foundation in accordance with the gov-
emmentwide Federal Acquisition Regulation issued in accord¬
ance with section 35(c)(1) of the Office of Federal Procurement
Policy Act (or any successor regulation thereto).”.
(c) Establishment of Small Business Technology Transfer
OGRAMS BY CERTAIN FEDERAL AGENCIES. — Section 9 of the SmaU
siness Act (15 U.S.C. 638) is amended by adding at the end
j following new subsections:
“(n) Required Expenditures for STTR by Federal Agen-
3S. —
“(1) Required expenditure amounts.— Each Federal
agency which has an extramural budget for research or research
and development in excess of $1,000,000,000 in fiscal year
Decorations,
medals,
awards.
Contracts.
lyy*!, 1W»0, or row, la auiiiiuii.£icu i»u c&pcuu wiwi axuim uuamess
concerns —
“(A) not less than 0.05 percent of such budget in fiscal
year 1994;
“(B) not less than 0.1 percent of such budget in fiscal
year 1995; and
“(C) not less than 0. 15 percent of such budget in fiscal
year 1996,
specifically in connection with STTR programs which meet
the requirements of this section, policy directives, and regula¬
tions issued under this section.
“(2) Limitations. — Federal agency shall not —
“(A) use any of its STTR budget established pursuant
to paragraph (1) for the purpose of funding administrative
costs of the program, including costs associated with sala¬
ries and expenses, or, in the case of a small business
concern or a research institution, costs associated with
salaries, expenses, and administrative overhead (other than
those ^rect or indirect costs allowable under guidelines
of the Office of Management and Budget and the gov¬
ernmentwide Federal Acquisition Regidation issued in
accordance with section 25(c)(1) of the Office of Federal
Procurement Policy Act); or
“(B) make available for the purpose of meeting the
requirements of paragraph (1) an amount of its extramural
budget for basic research which exceeds the . percentage
specified in paragraph (1).
“(3) Exclusion of certain funding agreements.— Fund¬
ing agreements with small business concerns for research or
research and development which result from competitive or
single source selections other than an STTR pro^am shall
not be considered to meet any portion of the percentage require¬
ments of paragraph (1).
“(o) Federal Agency STTR Authority. — Each Federal agency
required to establish an STTR program in accordance with sub¬
section (n) and regulations issued under this Act, shall —
“U) unilaterally determine categories of projects to be
included in its STTR program;
“(2) issue STTR solicitations in accordance with a schedule
determined cooperatively with the Administration;
“(3) unilaterally determine research topics within the agen¬
cy’s SITR solicitations, giving special consideration to broad
research topics and to topics that further 1 or more critical
technologies, as identified —
“(A) by the National Critical Technolo^es Panel (or
its successor) in reports required under section 603 of the
National Science and Technology Policy, Organization, and
Priorities Act of 1976; or
“(B) by the Secretary of Defense, in accordance with
section 2522 of title 10, United States Code;
“(4) unilaterally receive suid evaluate proposals resulting
from STTR solicitations;
“(5) unilaterally select awardees for its STTR funding
agreements and inform each awardee under such an agreement,
to the extent possible, of the expenses of the awa^^ee that
will be allowable under the funding agreement;
PUBLIC LAW 102-564— OCT. 28, 1992
106 STAT. 4259
“(6) administer its own STTR funding agreetnents (or dele¬
gate such administration to another agency);
“(7) make payments to recipients of STTR funding agree¬
ments on the oasis of progress toward or completion of the
Funding agreement requirements and, in all cases, make pay¬
ment to recipients under such agreements in full, subject to
Eiudit, on or before the last day of the 12-month period beginning
3n the date of the completion of such requirements;
“(8) submit an annual report on the STTR program to
the Administration and the Office of Science and Technology
Policy;
“(9) develop a model aCTeement not later than July 31,
1993, to be approved by me Administration, for allocating
between small ousiness concerns and research institutions
intellectual property rights and rights, if any, to carry out
Follow-on research, development, or commercialization;
“(10) develop, in consultation writh the Office of Federal
Procurement Policy and the Office of Government Ethics, proce-
lures to ensure that federally funded research and development
centers (as defined in subsection (e)(8)) that participate in
3TTR agreements —
“(A) are free from organizational conflicts of interests
relative to the STTR pro^am;
“(B) do not use privileged information gained through
work performed for an SITR agency or private access to
STTR agency personnel in the development of an STTR
proposal; and
“(C) use outside peer review, as appropriate; and
“(11) not later than July 31, 1993, develop procedures
•or assessing the commercial merit and feasibility of STTR
proposals, as evidenced by —
“(A) the small business concern’s record of successfully
commercializing STTR or other research;
“(B) the existence of second phase funding commit¬
ments from private sector or non-STTR funding sources;
“(C) the existence of third phase follow-on commit¬
ments for the subject of the research; and
“(D) the presence of other indicators of the commercial
potential of the idea.
‘(p) STTR Policy Directive. —
“(1) Issuance. — ^The Administrator shall issue a policy
lirective for the general conduct of the STTR programs within
:he Federal Government. Such policy directive shall be issued
ifter consultation with —
“(A) the heads of each of the Federal agencies required
by subsection (n) to establish an STTR program;
“(B) the Commissioner of Patents and Trademarks;
and
“(C) the Director of the Office of Federal Procurement
Poliw.
“(2) Contents. — The policy directive required by paragraph
4) shall provide for —
“(A) simplified, standardized, and timely STTR solicita¬
tions;
“(B) a simplified, standardized funding process that
provides for —
“(i) the timely receipt and review of proposals;
Reports.
106 STAT. 4260
PUBLIC LAW 102-564~OCT. 28, 1992
Printing.
15 use 638
note.
15 use 688
note.
“(ii) outside peer review, if appropriate;
‘*(iii) protection of proprietaiy information provided
in propos^;
*‘(iv) selection of awardees;
‘*(v) retention by a small business concern of die
rights to data generated by the concern in the peifonn>
ance of an STTR award for a period of not less than
4 years;
"(vi) continued use by a small business concern,
as a directed bailment, of any property transferred
by a Federal agency to the sm^l business concern
in the second phase of the STTR program for a ^riod
of not less them 2 years, beginning on the initial date
of the concern’s participation in the third phase of
such program;
“(vii) cost sharing;
"(viii) cost principles and payment schedules; and
“(ix) 1-year awards for the first phase of an STTR
program, generally not to exceed $100,000, and 2-yefiur
awards for the second phase of an STTR program,
generally not to exceed $500,000, greater or lesser
amounts to be awarded at the discretion of the award¬
ing agency;
"(C) minimizing regulatory burdens associated with
participation in STIR programs;
"(D) guidelines for a model agreement, to be used by
all agencies, for allocating between small business concerns
and research institutions intellectual property rights and
rights, if any, to carry out follow-on research, development,
or commercialization;
"(E) procedures to ensure that —
"(i) a recipient of an STTR award is a small busi¬
ness concern, as defined in section 3 and the regula¬
tions promulgated thereunder; and
"(ii) such small business concern exercises manage¬
ment and control of the performance of the STTR fimd-
ing agreement pursuant to a business plan providing
for the commercialization of the technology that is
the subject matter of the award; and
"(F) procedures to ensure, to the extent practicable,
that an agency which intends to pursue research, develop¬
ment, or production of a technology developed by a small
business concern under an STTR program enters into fol-
low-on, non-STTR funding agreements with the small busi¬
ness concern for such research, development, or produc¬
tion.”.
(d) Timing of Issuance of Policy Directive.— The policy
directive required by section 9(p) of the Small Business Act (as
added by subsection (c) of this section) shall be published —
(1) in proposed form (with an opportunity for public com¬
ment of not less than 30 days), not later than Apnl 30, 1993;
and
(2) in final form, not later than July 31, 1993.
(e) Report of the Comptroller General.— Not later than
March 31, 1996, the Comptroller General of the United States
shall submit a report to the Congress and the head of each agency
PUBLIC LAW 102-564— OCT. 28, 1992 106 STAT. 4261
that is required to make expenditures under the STTR program
that—
(1) sets forth the Comptroller General’s assessment, with
respect to each such agency, of—
(A) the quality of research performed under funding
agreements awarded by that agency under the STTR pro¬
gram since the beginning of the program;
(B) whether or not the STTR program has affected
the performance of that agencj^s research programs; and
(C) the commercial potential of research conducted
under the STTR program, if sufficient data is available;
(2) contains the Comptroller General’s assessment as to
the effects of the STTR program, if any, on the research quality
and goals of the SBIR program; and
(3) determines the agencies and the federally-funded
research and development centers’ compliance with the proce¬
dures developed under section 9(g)(10) of the Small Business
Act, as amended by this section.
TITLE III— MISCELLANEOUS
PROVISIONS
SEC. 301. DISCRETIONARY TECHNICAL ASSISTANCE TO $BIR
AWARDEES.
(a) In General. — Section 9 of the Small Business Act (15
U.S.C. 638) is amended by adding at the end the following new
subsection:
“(q) Discretionary Technical Assistance. —
“(1) In general. — Each Federal agency required by this
section to conduct an SBIR program may enter into an agree¬
ment with a vendor selected under paragraph (2) to provide
small business concerns engaged in SBIR projects with tech¬
nical assistance services, such as access to a network of sci¬
entists and engineers engaged in a wide range of technologies,
or access to tecnnical ana business literature available through
on-line data bases, for the purpose of assisting such concerns
in —
"(A) making better technical decisions concerning $uch
projects;
‘*(B) solving technical problems which arise during the
conduct of such projects;
**(0) minimizing technical risks associated witib duch
projects; and
“(D) developing and commercializing new commercial
products and processes resulting from su^ projects.
“(2) Vendor selection. — ^Annually, each agency may select
a vendor for purposes of this subsection using competitive,
merit-based criteria, to assist small business concerns to ipeet
the goals listed in paragraph (1).
T3) Additional technical assistance. —
“(A) First phase. — ^Each agency referred to in para¬
graph (1) may provide services described in paragraph
(1) to first phase SBIR award recipients in $ii ampunt
equal to not more than ^,000, which shaR be in addition
to the amount of the recipient’s award.
06 STAT. 4262
PUBUC LAW 102-564— CKTT. 28, 1992
“(B) Second phase. — Each agency referred to in para¬
graph (1) may authorize any second phase SBIR award
recipient to p|iirchase, with funds available from their SBIR
awards, services described in paragraph (1), in an amount
equal to not more than $4,000 per year.
SEC. 302. EXTENSION OF THE TECEINOLOGY TRANSFER DEM¬
ONSTRATION PROGRAM.
Section 231 of the Small Business Administration Reauthoriza¬
tion and Amendments Act of 1990 (15 U.S.C. 648 note) is amended —
(1) in subsection (g), by striking “1993” and inserting
“1995”" and
(2) in subsection (i), by striking “1991, 1992, and” and
inserting “1994 and 1995”.
SEC. 303. REPORTING REQUIREMENTS.
(a) Report on Deficient Subcontracting Plans.— Section
8(d) of the Small Business Act (15 U.S.C. 637(d)) is amended —
(1) by striking paragraph (11); and
(2) by redesigfnating paragraph (12) as paragraph (11).
(b) Small Purchases From Federal Prison Industries. —
Section 4124(c) of title 18, United States Code, is amended in
the first sentence by striking “to the General Services Administra¬
tion” and all that follows through “Procurement Policy Act” and
inserting “acquisitions of products and services from Federal Prison
Industries to the Federal Procurement Data ^stem (as referred
to in section 6(dX4) of the Office of Federal Procurement Policy
Act) in the same manner as it reports other acquisitions”.
SEC. 304. SMALL BUSINESS INSTITUTES.
Section 8(bXl) of the Small Business Act (15 U.S.C. 637(b)(1))
is amended —
(1) by redesignating subparagraphs (E) and (F) as sub-
paragraphs (F) and (G), respectively; and
(2) by inserting after subpara^aph (D) the following:
“(E) In carrying out its mnctions under subparagraph (A),
to make grants (includin|f contracts and cooperative agree¬
ments) to any public or private institution of higher education
for the establishment and operation of a small business
institute, which shall be used to provide business counseling
and assistance to small business concerns through the activities
of students enrolled at the institution, which students shall
be entitled to receive educational credits for their activities.”.
SEC. 305. ADDITIONAL SBIR AND STTR PROVISIONS.
Section 9 of the Small Business Act (15 U.S.C. 638), is amended
by adding at the end the following new subsection:
“(r) Third Phase Agreements. —
“(1) In general. — ^In the case of a small business concern
that is awarded a funding agreement for the second phase
of an SBIR or STTR program, a Federal agency may enter
into a third phase agreement with that business concern for
additional work to be performed during or after the second
phase period. The second phase funding agreement with the
small business concern may, at the discretion of the agency
awar<^g the agreement, set out the procedures applicable
to third phase agreements with that agency or any other
agency.
PUBLIC LAW 102-564— OCT. 28, 1992
106 STAT. 4263
“(2) Definition. — ^In this subsection, the term ‘third phase
agreement’ means a follow-on, non-SBIR or non-STTR f^ded
contract as described in paragraph (4)(C) or paragraph (6)(C)
of subsection (e).
“(3) Intellectual property rights.— Each funding agree¬
ment under an SBIR or STTR program shall include provisions
setting forth the respective rights of the United States and
the small business concern with respect to intellectual property
rights and with respect to any right to carry out follow-on
research.”.
306. SENSE OF THE CONGRESS CONCERNING AMERICAN-MADE
EQUIPMENT AND PRODUCTS.
(a) Purchase of American-Made Equipment and Prod-
?s. — It is the sense of the Congress that an entity that is awarded
mding agreement under the SBIR program of a Federal agency
ler section 9 of the Small Business Act should, when purchasing
’ equipment or a product with funds provided through the ftmd-
agreement, purcnase only American-made equipment and prod-
i, to the extent possible in keeping with the overall purposes
bat program.
(b) Notice to SBIR Awardees. — ^Each Federal agency that
irds funding agreements under the SBIR program shall provide
iach recipient of such an award a notice describing the sense
be Congress, as set forth in subsection (a).
1. 307. TECHNICAL CORRECTIONS.
(a) Small Business Participation Rates.— Section 714(bX4)
he Small Business Competitiveness Demonstration Program Act
988 (15 U.S.C. 644 note, 102 Stat. 3892) is amended by mserting
other services in support of such contracts” after “(including
greying and mapping)”.
(b) Microloan Program Funding.— Section 7(mX7) of the
sill Business Act (15 U.S.C. 636(m)(7)) is amended —
(1) in subparagraph (A), by adding at the end the following:
“If, at the end of fiscal year 1992, the Administration has
funded less than 50 microloan programs under this subpara¬
graph, the Administration may, in fiscal year 1993, fund a
number of additional microloan programs equal to the difference
between 50 and the number of microloan programs actually
funded in fiscal year 1992.”; and
(2) in subpara^aph (B), by striking “In the second” and
inserting “In addition to any microloan programs authorized
to be funded in fiscal year 1993 in accoraance with subpara¬
graph (A), in the second”.
16 use 638
note.
Decorations,
medals,
awards.
Contracts.
106 STAT. 4264
PUBLIC LAW 102-564— (Xrr. 28, 1992
(c) Definition of Intermediary. — Section 7(mXllXA)(u) of the
Small Business Act (16 U.S.C. 636(mXllXAXii)) is amended by
inserting “private,” before “nonprofit”.
(d) Secondary Loan Markets.— Section 5(f)(4) of the Small
Business Act (15 U.S.C. 634(fX4)) is amended by striking “5(e),
7(aX6), or 7(aX8)” and inserting “7(a)(6)(C) or subsection (e) of
tWs section”.
Approved October 28, 1992.
LEGISLATIVE HISTORY-S. 2941:
CONGRESSIONAL RECORD, Vol 138 (1992):
Oct. 3, considered and passed Senate.
Oct. S, considered and passed House.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS. Vol. 28 (1992);
Oct. 28, Presidential statement.
PUBLIC LAW 102-565— OCT. 28, 1992
106 STAT. 4265
3lic Law 102-565
'd Congress
An Act
mend the Peace Corps Act to authorize appropriations for the Peace Corps
fiscal year 1993 and to establish a Peace Corps foreign exchange fluctuations
X)unt, and for other purposes.
Be it enacted by the Senate and House of Representatives of
United States of America in Congress assembled^
TION 1. AUTHORIZATIONS OF APPROPRIATIONS.
Section 3(b) of the Peace Corps Act (22 U.S.C. 2502(b)) is
inded to read as follows:
“(b) Authorizations of Appropriations.— There are author-
to be appropriated to carry out the purposes of this Act
3,146,000 for nscal year 1993, which are autnorized to remain
liable until September 30, 1994.”.
. 2. PEACE CORPS FOREIGN CURRENCY FLUCTUATIONS.
(a) Establishment of Foreign Currency Fluctuatio
OUNT. — The Peace Corps Act (22 U.S.C. 2501 et seq.) is amend
nserting after section 15 the following new section:
Z. 16. FOREIGN CURRENCY FLUCTUATIONS ACCOUNT.
“(a) Establishment. — (1) There is established in the Treasury
United States an account to be known as the ‘Foreim Cur-
y Fluctuations, Peace Corps, Account*. The account imall be
1 for the purpose of providing funds to pay expenses for oper¬
as of the Peace Corps outside the United States which, as
jsult of fluctuations in currency exchange rates, exceed the
unt appropriated for such expenses.
“(2) Funds in the account may be transferred, upon the cer-
ation of the Director of the Peace Corps (or the Director’s
gnee) that the transfer is necessary for the purpose specified
}aragraph (1), to the account containing funds appropriated
he expenses of the Peace Corps.
“(b) Use of Funds in the Account.— Funds transferred under
section (a) shall be merged with, and be available for the same
5 period, as the appropriation to which they are applied. Not-
istanding any provision of law limiting the amount of fimds
Peace Corps may obligate in any fiscal year, such amount
I be increased to the extent necessary to reflect fluctuations
Kchange rates from those used in preparing the budget submis-
“(c) Exchange Rates Applicable to Obligations.— An obliga-
of the Peace Corps payable in the currency of a foreign country
' be recorded as an obligation based upon exchange rates used
reparing a budget submission. A change reflecting fluctuations
exchange rates may be recorded as a disbursement is made.
“(d) Transfers Back to Account. — Funds transferred from
Foreign Currency Fluctuations, Peace Corps, Account may be
Lsferred back to that account —
Oct. 28, 1992
[S. 3309]
22 use 2515.
106 STAT. 4266
PUBLIC LAW 102-565--OCT. 28, 1992
22 use 2515
note.
22 use 2504
note.
Contracts.
“(1) if the funds are not needed to pay obligations incurred
because of fluctuations in currency exchange rates of foreign
countries in the appropriation to which the funds were origi¬
nally transferred; or
“(2) because of subsequent favorable fluctuations in the
rates or because other funds are, or become, available to pay
such obligations.
“(e) Limitation on Transfers Back.— A transfer of fimds back
to the account under subsection (d) may not be made after the
end of the fiscal year or other period for which the appropriation,
to which the funds were originally transferred, is available for
obligation.
“(f) Transfers to the Account From Regular Appropria¬
tions. — (1) At the end of the fiscal year or other period for which
appropriations for the expenses of the Peace Corps are made avail¬
able, unobligated balances of such appropriation may be transferred
into the Foreign Currency Fluctuations, Peace Corps, Account, to
be merged with, and to be available for the same period and
purposes as, that account.
“(2) The authority of this subsection shall be exercised only
to the extent that specific amounts are provided in advance in
an appropriation Act.
“(g) Authorization of Appropriations.— There are authorized
to be appropriated to the Foreign Currency Fluctuations, Peace
Corps, Accoimt for each fiscal year such sums as may be necessary
to maintain a balance of $5,000,000 in such account at the beginning
of such fiscal year.
“(h) Reports. — Each year the Director of the Peace Corps shall
submit to the Committee on Foreign Affairs and the Committee
on Appropriations of the House of Representatives, and to the
Committee on Foreign Relations and the Committee on Appropria¬
tions of the Senate, a report on funds transferred under this sec¬
tion.”.
(b) Effective Date. — ^The amendment made by subsection (a)
applies with respect to each fiscal year after fiscal year 1992.
SEC. 3. EVALUATION OF HEALTH-CARE SERVICES PROVIDED TO PEACE
CORPS VOLUNTEERS.
(a) In General. — The Director of the Peace Corps shall contract
with an eligible organization or organizations to conduct before
January 1, 1997, a total of three evaluations of the health-care
needs of the Peace Corps volunteers and the adequacy of the system
through which the Peace Corps provides health-care services in
meeting those needs.
(b) Requirements of the Evaluations.— Each evaluation
shall include an assessment of the adequacy of the Peace Corps
health-care system —
(1) to provide diagnostic, treatment, and referral services
to meet the health-care needs of Peace Corps volunteers, and
(2) to conduct health examinations of applicants for enroll¬
ment as Peace Corps volunteers and to provide immunization
and dental care preparatory to service of applicants for enroll¬
ment who have accepted an invitation to begin a period of
training for service as a Peace Corps volunteer.
(c) Reports to the Peace Corps. — ^An organization making
an evaluation under this section shall submit to the Director of
the Peace Corps a report containing its findings and rec-
106 STAT. 4267
PUBLIC LAW 102-565— OCT. 28, 1992
nendations not later than May 31, 1993, December 31, 1994,
December 31, 1996, as the case may be. Each report shall
ade recommendations regarding appropriate standards and pro-
ires for ensuring the furnishing of quality medical care and
measuring the quality of care provided to Peace Corps vol-
3ers.
(d) Report to Congress.— Not later than 90 days after receipt
L report required by subsection (c), the Director of the Peace
ps shall transmit the report, together with the Director’s com-
its, to the appropriate congressional committees.
(e) Definitions. — For purposes of this section —
(1) the term “appropriate congressional committees” means
the Committee on Foreign Relations and the Committee on
Appropriations of the Senate and the Committee on Foreign
Affairs and the Committee on Appropriations of the House
of Representatives; and
(2) the term “eligible organization” means an independent
health-care accreditation organization or other independent
organization with expertise in evaluating health-care systems
similar to that of the Peace Corps.
. 4. REPORTING REQUIREMENT ON EMPLOYMENT-RELATED MAT¬
TERS.
(a) In General. — Not later than May 31, 1992, the Director
tie Peace Corps and the Secretary of Labor shall jointly submit
the appropriate congressional committees a report which
;ribe8 —
(1) the information provided by the Peace Corps to its
volunteers and to applicants for volunteer service in the Peace
Corps regarding the benefits and services to which Peace Corps
volunteers or trainees may be entitled or for which they may
be eligible in the event that they sustain injuries or become
disabled during their service, or their training for service, with
the Peace Corps;
(2) the efforts by the Peace Corps and the Department
of Labor to coordinate the provision of such information to
Peace Corps volunteer-applicants and volunteers and the
processing of claims by Peace Corps volunteers under the Fed¬
eral Employees Compensation Act (FECA);
(3) the number of Peace Corps volunteers and volunteer-
^plicants who have filed claims under the Federal Employees
Cfompensation Act (FECA) and the percentage of the claims
that have been approved; and
(4) the timehness of approvals or denials of claims of Peace
Corps volunteers and volunteer-^plicants under the Federal
Employees Compensation Act (FEcA).
(b) Recommendations. — The report required by subsection (a)
LI also include such recommendfations as the Director of the
ce Corps and the Secretary of Labor may determine necessary
acilitate the filing and processing of claims by Peace Corps
inteers regarding the benefits described in that subsection.
(c) Definitions. — For purposes of this section —
(1) the term “appropriate congressional committees” means
the Committee on Foreign Relations and the Committee on
Appropriations of the Senate and the Committee on Foreign
Affairs and the Committee on Appropriations of the House
of Representatives; and
)6 STAT. 4268
PUBLIC LAW 102-565--OCT. 28, 1992
(2) the term ‘Tederal Employees Compensation Act
(FECA)” means chapter 81 of title 5, United States Code.
SEC. 6. PEACE CORPS PROGRAMS IN THE FORMER SOVIET UNION.
(a) Availability of Funds.— Up to $6,000,000 of the funds
made available to cany out the Peace Corps Act for fiscal year
1993 shall be made available for establishing Small Business Devel¬
opment Programs in the independent states of the former Soviet
Union. The programs shall include the promotion of local economic
development by providing technical assistance and training in
municipal restructuring and financing, privatization, valuation of
state-owned enterprises, the development and promotion of business
associations, and the identification of investment opportunities and
requirements.
(b) Definition, — For purposes of this section, the term
“independent states of the former Soviet Union” means the following
(whicn formerly were part of the Soviet Union); Armenia, Azer¬
baijan, Byelarus, Geor^a, Kazakhstan, Kyrgyzstan, Moldova, Rus¬
sia, Tajikistan, THirkmenistan, Ukraine, and Uzbekistan.
Approved October 28, 1992.
LEGISLATIVE HISTORY— S. 3309:
CONGRESSIONAL RECORD, Vol. 138 (1992):
Oct. 2, considered and passed Senate.
Oct. 5, considered and passed House.
PUBLIC LAW 102-566— OCT. 28, 1992
106 STAT. 4269
)lic Law 102-566
d Congress
An Act
mend the Agricultural Ac^ustment Act of 1938 to permit the acre-for-acre
insfer of an acreage allotment or quota for certain commodities, and for other
rposes.
Be it enacted by the Senate and House of Representatives of
United States of America in Congress assembled,
nON 1. ACRE-FOR-ACRE TRANSFER OF CERTAIN ACREAGE ALLOT¬
MENTS.
Section 318 of the Amcultural Adjustment Act of 1938 (7
C. 1314d) is amended oy striking subsection (e) and inserting
following new subsection:
“(e) The transfer of an allotment or quota under this section
1 be approved acre for acre.”.
Lpproved October 28, 1992.
rlSLATIVE mSTORY— S. 3327:
IGRESSIONAL RECORD, Vol. 138 (1992):
Oct. 5, considered and passed Senate and House.
Oct. 28, 1992
[S. 3327]
106 STAT. 4270
PUBLIC LAW 102-567— OCT. 29, 1992
Oct. 29, 1992
[H.R. 2130]
National
Oceanic and
Atmospheric
Administration
Authorization
Act of 1992.
15 use 325 note.
Public Law 102-567
102d Congress
An Act
To authorize appropriations for the National Oceanic and Atmospheric
Administration, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the “National Oceanic and
Atmospheric Administration Authorization Act of 1992”.
SEC. 2. DEFINmONa
For the purposes of this Act, the term —
(1) “Act of 1890” means the Act entitled “An Act to increase
the efficiency and reduce the expenses of the Signal Corps
of the Aimy, and to transfer the Weather Bureau to &e Depa^
ment of A^culture”, approved October 1, 1890 (26 Stat. 653);
and
(2) “Act of 1947” means the Act entitled “An Act to define
the functions and duties of the Coast and Geodetic Survey,
and for other purposes”, approved August 6, 1947 (33 U.S.C.
883a et seq.).
TITLE I— NOAA ATMOSPHERIC AND SATELLITE
PROGRAMS
SEC. 101. NATIONAL WEATHER SERVICE OPERATIONS AND
RESEARCH.
(a) In General. — ^There are authorized to be appropriated to
the Secretory of Commerce, to enable the National Oceanic and
Atmospheric Administration to cany out the operations and
research activities of the National Weather Service under law,
$311,532,000 for fiscal year 1992 and $395,822,000 for fiscal year
1993. Moneys appropriated pursuant to this authorization shall
be used to fund tnose activities relating to National Weather Service
operations and research specified by the Act of 1890, the Act of
1947, and any other law involving such activities. Such activities
include meteorological, hydrological, aviation, and oceanographic
public warnings and forecasts, as well as applied research in support
of such warnings and forecasts.
(b) Pacific Weather Buoys. — Of the sums authorized imder
subsection (a), $840,000 for fiscal year 1992 and $1,135,000 for
fiscal year 1993 are authorized to be appropriated for the purpose
of operating and maintaining weather buoys off the coast of Califor¬
nia, Oregon, Washington, and Hawaii.
(c) Cooperative Weather Observer Program.— The Sec¬
retary of Commerce may use funds otherwise available for conduct¬
ing weather observations to strengthen the Cooperative Weather
Observer Program and encourage public participation in the pro¬
gram. The Secretary may —
PUBLIC LAW 102-567— OCT. 29, 1992
106 STAT. 4271
(1) provide distinctive insignia or paraphernalia to Coopera¬
tive Weather Observers; and
(2) make awards of nominal value to recognize continued
participation in the program by observers or to recognize
outstanding achievemente by such observers or groups of
observers without r^ard to any law restricting expenditures
for such purposes to f^eral employees.
SEC. 102. PUBUC WARNING AND FORECAST SYSTEMS.
(a) In General. — ^There are authorized to be appropriated to
the Secretary of Commerce, to enable the National Oceanic and
Atmospheric Administration to improve its public warning and fore¬
cast systems under law, $132,034,000 for each of the fiscal years
1992 and 1993. Moneys appropriated pursuant to this authorization
shall be used to fund those activities relating to public wamii^
and forecast systems specified by the Act of 1890, the Act of 1947,
and any other law involving sucn activities. Such activities include
the development, acquisition, and implementation of mqjor public
warning and forecast systems.
(b) Weather Radar Complete Program Authorization. —
(1) Except as provided in paragraph (2), there are authorized to
be appropriated to the Secretary of Commerce for all fiscal years
beginning with fiscal year 1993, not to exceed $426,971,000, to
remain available until expended, to complete the acquisition and
deployment of the Next Generation Weather Radar system, and
to cover all associated activities (including program management
and operations and maintenance through September 30, 1996).
(2) None of the funds are authorized to be appropriated for
any fiscal year under parag^ph (1), unless, within 60 days after
the submission of the President’s budget request for such fiscal
year, the Secret^ of Commerce —
(A) certifies to the Congress that —
(i) the radars, includii^ system software, meet the
technical performance specifications included in the radar
procurement contract as in effect on October 1, 1992;
(ii) the system contract is viable, and the Secretanr
does not foresee circumstances which would prevent fulfill¬
ment of the contract;
(iii) the system can be fully sited, commissioned, and
operational without requiring further authorization of
appropriations beyond amounts authorized under para¬
graph (1); and
(iv) the Secretary does not foresee further delays in
the system deployment and operation schedule; or
(B) submits to the Congress a report which describes —
(i) the circumstances which prevent a certification
under subparagraph (A);
(ii) remedial actions undertaken or to be undertaken
with respect to such circumstances;
(iii) the effects of such circumstances on the deployment
and operation schedule and radar coverage; and
(iv) a justification for proceeding with the program,
if appropriate.
SEC. 103. CLIMATE AND AIR QUALITY RESEARCH.
(a) In General.— There are authorized to be appropriated to
the Secretary of Commerce, to enable the National Oceanic and
Atmospheric Administration to carry out its climate and air quality
Reports.
D6 STAT. 4272
PUBLIC LAW 102-567— OCT. 29, 1992
research activities under law, $100,718,000 for fiscal year 1992
and $103,877,000 for fiscal year 1993. Moneys appropriated pursu¬
ant to this authorization shall be used to fund those activities
relating to climate and air quality research specified by the Act
of 1890, the Act of 1947, and any other law involving such activities.
Such activities include interannual and seasonal climate research,
long-term climate and air quality research, and the National Cli¬
mate Pr<^am.
(b) Climate and Global Change. — Of the sums authorized
under subsection (a), $67,000,000 for each of the fiscal years 1992
and 1993 are authorized to be appropriated for the purpose of
studying climate and global change. Such program shall augment
and integrate existing programs of the National Oceanic and
Atmospheric Administration and shall include global observations,
monitoring, and data and information management relating to the
study of changes in the Earth’s climatic system, fundament^
research on critical oceanic and atmospheric processes, and climate
prediction and diagnostics.
SEC. 104. ATMOSPHERIC RESEARCH.
There are authorized to be appropriated to the Secretary of
Commerce, to enable the National Oceanic and Atmospheric
Administration to carry out its atmospheric research activities
under law, $43,935,000 for fiscal year 1992 and $44,781,000 for
fiscal year 1993. Moneys appropriated pursuant to this authoriza¬
tion shall be used to fund those activities relating to atmospheric
research specified by the Act of 1890 and by any other law involving
such activities. Such activities include research for developing
improved observation and prediction capabilities for atmospheric
processes, as well as solar-terrestrial services and research.
SEC. 105. SATELLITE OBSERVING SYSTEMS.
(a) In General. — (1) There are authorized to be apprtmriated
to the Secretary of Commerce, to enable the National Oceanic
and Atmospheric Administration to carry out its satellite observing
systems activities under law, $305,744,000 for fiscal year 1992
and $336,000,000 for fiscal year 1993. Moneys appropriated pursu¬
ant to tiiis authorization shall be used to fund those activities
relating to data and information services specified by the Act of
1890 and by any other law involving such activities. Such activities
include spacecraft procurement, launch, and associated ground sta¬
tion mocufications for polar orbiting and geostationa^ environ¬
mental satellite systems, as well as me operation of sucn satellites
and land remote-sensing satellites.
(2) Of the sums authorized under paragraph (1), $2,300,000
in fiscal year 1993 are authorized for the administration by the
National Oceanic and Atmospheric Administration of the ground
stations for the Search emd Rescue Satellite Aided Tracking system.
Such administration shall be carried out in consultation with the
Department of Transportation and the Department of Defense.
(b) Emergency Contingency Fund.— There are authorized to
be appropriated to the Secreta]^ of Commerce, $110,000,000 for
fiscal year 1992, to be deposited in sm Emergency Weather Satellite
Contin^nc^ Fund. Such Fund shall be available subject to the
restrictions of appropriations Acts, without fiscal year limitation,
to the Secretary only for the purpose of enabling the National
Oceanic and Atmospheric Admimstration to maintain geostationary
environmental satellite coverage for monitoring and prediction of
PUBLIC LAW 102-567— OCT. 29, 1992
106 STAT. 4273
hurricanes and severe storms, including but not limited to the
procurement of gap filler satellites, launch vehicles, and payments
to foreign governments.
(c) Strategic Plan.--(1) The Secretary of Commerce and the
Administrator of the Nation^ Aeronautics and Space Administra¬
tion shall jointly develop and, not more than 120 days after the
date of enactment of this Act, submit to the Committee on Com¬
merce, Science, and Transportation of the Senate and the Commit¬
tee on Science, Space, and Technology of the House of Representa¬
tives a strategic plan for development, procurement, and operation
of the environmental satellite program of the Department of Com¬
merce.
(2) The objectives of the strategic plan shall be —
(A) to ensure continuous and adequate operational environ¬
mental satellite coverage; and
(B) to require direct Federal fiscal and administrative
accountability in all aspects of such environmental satellite
program.
(3) The strategic plan shall —
(A) delineate the management duties and functions of each
Federal department or agency involved in such satellite pro¬
gram;
(B) establish funding responsibilities for each Federal
department or agency in a manner which reflects their respec¬
tive management duties and functions;
(C) set forth procedures to be followed in the development,
procurement, and operations of environmental satellites in such
program;
(D) minimize the potential for developmental and procure¬
ment problems, and for cost overruns;
(E) provide for effective interagency and international
coordination;
(F) provide for research and development activities to
ensure that the procurement of operational environmental sat¬
ellites relies on proven technologies, and to investigate potential
improvements in data applications and operations for such
satellites in order to improve the national weather warning
and forecast system; and
(G) specify legislative and administrative actions necessary
to implement the plan and to accomplish the objectives
descril^d in paragraph (2).
(d) Geostationary Satelute Complete Program Authoriza¬
tion.— <1) Except as provided in paragraph (2), there are authorized
to be appropriated to the Secretary of Commerce for all fiscal
years beginning with fiscal year 1993, not to exceed $1,005,255,000,
to remain available imtd expended, to complete the procurement
of Geostationary Operational Environmental Satellites I, J, K, L,
and M, and the procurement of the launching and supporting
ground systems of such satellites.
(2) None of the funds are authorized to be appropriated for
any fiscal year imder paragraph (1), unless, within 60 days after
the submission of the President’s budget request for such fiscal
year, the Secretmy of Commerce —
(A) certifies to the Congress that —
(i) the results of testing indicate tlmt the satellite
instruments are likely to meet the technical performance
106 STAT. 4274
PUBLIC LAW 102-567— OCT. 29, 1992
Reports.
15 use 1537.
specifications included in the satellite contract as in effect
on October 1, 1992;
(ii) the procurements can be completed without requir¬
ing fuiilier authorization of appropriations beyond amounts
authorized under paragraph (1); and
(iii) the Secretary foresees no gap in two-satellite serv¬
ice operations resulting from non-performance of the sat¬
ellite contract; or
(B) submits to the Congress a report which describes—
(i) the circumstances which prevent a certification
under subparapaph (A);
(ii) remedial actions undertaken or to be undertaken
with respect to such circumstances;
(iii) the effects of such circumstances on the launch
schedule and satellite coverage; and
(iv) a justification for proceeding with the program,
if appropriate.
SEC. 106. DATA AND INFORMATION SYSTEMS.
(a) In General. — ^There are authorized to be appropriated to
the Secretary of Commerce, to enable the National Oceanic and
Atmospheric Administration to carry out its data and information
services activities imder law, $32,628,000 for fiscal year 1992 and
$39,596,000 for fiscal year 1993. Moneys appropriated pursuant
to this authorization shall be used to fund those activities relating
to data and information services specified by the Act of 1890 and
by any other law involving such activities. Such activities include
cUmate data services, ocean data services, geophysical data services,
and environmental assessment and information services.
(b) Modernization Initiative. — Of the sums authorized under
subsection (a), $10,000,000 in fiscal year 1992 and $15,000,000
in fiscal year 1993 are authorized to be appropriated for the pu^ose
of modernizing the data and information systems of the National
Ocesuiic and Atmospheric Administration to meet increasing
requirements for managing, archiving, and distributing environ¬
mental data and information.
(c) Needs Assessment for Data Management, Archival, and
Distribution. — (1) Not later than 12 months after the date of
enactment of this Act and at least biennially thereafter, the Sec¬
retary of Commerce shall complete an assessment of the adequacy
of the environmental data and information systems of the National
Oceanic and Atmospheric Administration. In conducting such an
assessment, file Secretary shall take into consideration the need
to —
(A) provide adequate capacity to manage, archive, and
disseminate environmental data and information collected and
processed, or expected to be collected and processed, by the
National Oceanic and Atmospheric Administration and other
appropriate departments and agencies;
(B) establish, develop, and maintain information bases,
including necessary management systems, which will promote
consistent, efficient, sind compatible transfer and use of data;
(C) develop effective interfaces among the environmental
data and information systems of the National Oceanic and
Atmospheric Administration and other appropriate depart¬
ments and agencies;
PUBLIC LAW 102-567— OCT. 29, 1992
106 STAT. 4275
(D) develop and use nationally accepted formats and stand¬
ards for data collected by various national and international
sources; and
(£) integrate and interpret data fi*om different sources
to produce mfonnation that can be used by decisionmakers
in developing policies Uiat effectively respond to national and
global environmental concerns.
(2) Not later than 12 months after the date of enactment
of this Act and biennially thereafter, the Secretary of Commerce
shall develop and submit to the Committee on Commerce, Science,
and Transportation of the Senate and the Committee on Science,
Space, and Technology of the House of Representatives a com¬
prehensive plan, based on the assessment under paragraph (1),
to modernize and improve the environmental data and information
systems of tlie National Oceanic and Atmospheric Administration.
The report shall —
(A) set forth modernization and improvement objectives
for the 10-year period beginning with the year in winch the
plan is submitted, incluchng facility requirements and critical
new technological components that would be necessary to meet
the objectives set forth;
(B) propose specific agency programs and activities for
implementing the plan;
(C) identify the data and information management,
archival, and distribution responsibilities of the National Oce¬
anic and Atmospheric Administration with respect to other
Federal departments and agencies and international orjcraniza-
tions, including the role of the National Oceanic and
Atmospheric Amninistration with respect to large data ^sterns
like the Earth Observing System Data and Information System;
and
(D) provide an implementation schedule and estimate fund¬
ing levels necessary to achieve modernization and improvement
objectives.
SEC. 107. HURRICANE RECONNAISSANCE PROGRAM.
(a) Establishment of Program. — (1) The Secretary of Defense
and the Secretary of Commerce shall establish a 5-year joint pro¬
gram for collecting operational and reconnaissance data, conducting
research, and analyzing data on tropical cyclones to assist the
forecast and warning program and increase the understanding of
the causes and behavior of tropical cyclones.
(2) The Secretary of Commerce shall establish the Tropical
Cyclone Research Advisory Committee, an advisory committee of
tropical cyclone research scientists, to make recommendations for
tropical cyclone research activities and reconnaissance procedures.
(b) Responsibilities.-^!) The Secretary of Defense shall have
the responsibility for maintaining, flying, and funding tropical
cyclone reconnaissance aircraft to accomplish the program estab¬
lished imder this section and to transfer the data to the Secretary
of Commerce. Program responsibility may not be transferred to
any other Federal department or agency, including the Coast Guard,
without the agreement and approval of the Secretary of Defense,
the Secretary of Commerce, and the head of any other Federal
agency or department to which the responsibility is transferred.
(2) The i^cretary of Commerce shall have the responsibility
to provide funding for data gathering and research by remote sens-
Reports.
15 use 313 note.
106 STAT. 4276
PUBLIC LAW 102-567— OCT. 29, 1992
ing, ground sensing, research aircraft, and other technologies nec¬
essary to accomplish the program established under this section.
(c) Management Plans.— (1) The Secretary of Defense and
the Secretary of Commerce shall jointly develop and, within 120
days after the date of enactment of this Act, submit to the Congress
a management plan for the program established under this section,
which shall inaude organizational structure, goals, msgor tasks,
and funding profiles for the 5-year duration of me program.
(2) The Secret^ of Defense and the Secretary of Commerce,
in consultation with the Tropical Cyclone Research Advisory
Committee established by section 107(aX2), shall jointly develop
and, within 4 years after the date of enactment of this Act, submit
to the Congress a management plan providing for continued tropical
cyclone surveillance ana reconnaissance which will adequately pro-
trot the citizens of the cosustal areas of tiie United States.
(3) The management plans and programs required by this sec¬
tion shall in every sense provide for at least the same degree
and quality of protection (such as early warning capability and
accuracy of fixing a storm’s location) as currently exists with a
combination of satellite technology and manned reconnaissance
flights. Additionally, such plans and programs shedl in no way
allow any reduction in the level, quality, timeliness, sustainability,
or area served (including the State of Hawaii) of both the existing
principal and back-up tropical cyclone reconnaissance and tracking
systems.
15 use 313 note. SEC. 108. UNITED STATES WEATHER RESEARCH PROGRAM.
(a) Establishment. — ^The Secretary of Commerce, in coopera¬
tion with the Federal Coordinating Council for Science, Engineering,
and Technology through the Committee on Earth and Environ¬
mental Sciences, shall establish a United States Weaker ReseEtreb
Program to —
(1) increase benefits to the Nation from the substantial
investment in modernizing the public weather warning and
forecast system in the United States;
(2) improve local and regional weather forecasts and
warnings;
(3) address critical weather-related scientific issues; and
(4) coordinate governmental, university, and private-sector
effoits.
(b) Implementation Plan.— Not later than 90 days after the
date of enactment of this Act, the Secretary of Commerce, in
cooperation with the Committee on Earth and Environmental
Sciences, shall prepare and submit to the Committee on Commerce
Science, and Transportation of the Senate and the Committee or
Science, Space, ana Technology of the House of Representativec
a plan for implementation of the United States Weather Reseait:!:
Program which shall —
(1) esteblish, for the 10-year period be^nning in the year
the plan is submitted, the goals and priorities for Federal
weather research which most effectively advance the scient^(
understanding of weather processes and provide informatior
to improve weather warning and forecast systems in the United
States;
(2) describe specific activities, including research activities
data collection and data analysis requirements, predictive mod¬
eling, participation in international research efforts, demonstra-
PUBLIC LAW 102-567— OCT. 29, 1992
106 STAT. 4277
tion of potential operational forecast applications, and education
and training required to achieve such goals and priorities;
and
(3) set forth the role of each Federal agency and department
be involved in the United States Weather il^search Program,
dentifyin^ and addressing, as appropriate, relevant programs
and activities of the Federal agencies and departments that
ould contribute to such Program.
lOe. WEATHER SERVICE OFFICE IN RENO, NEVADA.
(a) Facility Acquisition. — ^The Administrator of the National
mic and Atmospheric Administration is authorized —
(1) to construct, on approximately 10 acres of land to be
eased from the University of Nevada System, Desert Research
nstitute, or
(2) in the alternative, to acquire by lease construction on
such land, with a lease term of up to 30 years,
gather Forecast Office, upper air facility, regional climate center,
associated instruments and site improvements as part of the
ementation of the Next Generation Weather Radar and
onal Weather Service Modernization Program for the Reno,
Eida area. This authorization is subject to the availability of
’opriations provided in advance for the purpose stated in para-
ih(l) or (2).
(b) Reimbursement Authority. — ^The Administrator is author-
to reimburse the Desert Research Institute for the cost of
iding utilities and access to the site.
c) Operations. — The Administrator is authorized to cany out
)perations of the National Oceanic and Atmospheric Admimstra-
in such facility.
110. WEATHER SERVICE FACILITIES IN SOUTH FLORIDA.
(a) Construction of Facility.— The Administrator of the
onal Oceanic and Atmospheric Administration is authorized
instruct, on land to be leased from Florida International Univer-
at the University’s Tamiami campus, a facility for the National
ricane Center, a Weather Forecast Office, an upper air facility,
associated site improvements as part of the implementation
le Next Generation Weather Radar and National Weather Sery-
Modernization Program for the South Florida area. This
lorization is subject to the availability of appropriations pro-
d in advance for th^urpose stated in this subsection.
(b) Operations. — ^The Administrator is authorized to carry out
iperations of the National Oceanic and Atmospheric Admimstra-
in such facility.
111. WEATHER FORECAST OFFICE, HONOLULU.
(a) Faciuty Acquisition. — (1) The Administrator of the
onal Oceanic and Atmospheric Administration is authorized
ease building and associated space from the University of
^aii, Honolulu, for the operation of a Weather Forecast Office,
»art of the implementation of the Next Generation Weather
ar and National Weather Service Modernization Progr^ for
3tate of Hawaii, for a term of up to 20 years. This authorization
ibject to the availability of appropriations provided in advance
he purpose stated in this para^aph.
106 STAT. 4278
PUBLIC LAW 102-567— OCT. 29, 1992
Establishment.
15 use 313b.
(2) Rental costs for the space leased under paragraph (1) shall
not exceed fair annual rental value as establish^ by governmental
(b) Alterations. — ^The Administrator is authorized to expend
funds to make aU necessary alterations to the space to allow for
operation of a Weather Forecast Office.
(c) Operations. — ^The Administrator is authorized to cjury out
the operations of the National Oceanic and Atmospheric Administra¬
tion in such fadlity.
SEC. 112. INSTITUTE FOR AVIATION WEATHER PREDICTION.
The Administrator of the National Oceanic and Atmospheric
Administration shall establish an Institute for Aviation Weather
Prediction. The Institute shall provide forecasts, weather warnings,
and other weather services to the United States aviation commu¬
nity. The Institute shall expand upon the activities of the aviation
unit currently at the National Severe Storms Forecast Center in
Kansas City, Missouri, and shall be established in the Kansas
City, Missouri area. The Administrator shall provide a full and
fair ^portunity for employees at the National Severe Storms Fore¬
cast Center to assume comparable duties and responsibilities within
the Institute.
SEC. 113. WEATHER SERVICE OFFICE IN OKLAHOMA.
(a) Facility Acquisition. — (1) The Administrator of the
National Oceanic and Atmospheric Administration is authorized
to lease building and associated space to be constructed by the
University of Oklahoma, Norman, for the operation of the National
Severe Storms Laboratory, Weather Forecast Office, NEXRAD Oper¬
ational Support Facility, and National Institute for Storm Prediction
as part of the implementation of the Next Generation Weather
Rao^ and Nationm Weather Service Modernization Program, for
a term of up to 20 ^ears. This authorization is subject to the
availabilitv of appropriations provided in advance for the purpose
stated in this paragraph.
(2) Rental costs for the space leased under paragraph (1) shall
not exceed fair annual rental value as established by governmental
appraisal.
(b) Alterations. — ^The Administrator is authorized to expend
funds to make all necessary alterations to the space to allow for
operations listed in subsection (aXl).
(c) Operations. — ^The Administrator is authorized to cany out
the operations of the National Oceanic and Atmospheric Admimstra-
tion in such facility.
SEC. 114. TRANSFER OF DATA ARCHIVING RESPONSIBIUTY.
(a) Findings. — ^The Congress finds that —
(1) section 602 of the Land Remote-Sensing Commercializa¬
tion Act of 1984 (15 U.S.C. 4272) directs the Secretary of
Commerce to provide for the archiving of land remote-sensing
data for historical, scientific, and techmeal purposes, including
long-term global environmental monitoring;
(2) the Secretary of Commerce currently provides for the
archiving of Landsat data at the Department of the Interior’s
EROS Data Center, which is consistent with the requirement
of section 602(g) of such Act (15 U.S.C. 4272(g)) to use existing
Federal (Sovemment facilities to the extent practicable in carry¬
ing out this archiving responsibility;
PUBLIC LAW 102-567— OCT. 29, 1992
106 STAT. 4279
(3) the Landsat data collected since 1972 are an important
global data set for monitoring and assessing land resources
and global change;
(4) the Secretaiv of the Interior maintains archives of aerial
photography, digital carto^aphic data, and other Earth science
data at the EROS Data Center that also are important data
sets for monitoring and assessing land resources and global
change;
(5) it is appropriate to transfer authority to the Secretary
of the Interior for the archiving of land remote-sensing data;
and
(6) the Secretary of the Interior should explore ways to
facilitate the use of archived data for research purposes consist¬
ent with other provisions of the Land Remote-Sensing Commer¬
cialization Act of 1984.
(b) Provision of Unenhanced Data.— Section 402(bX4) of the
d Remote-Sensing Commercialization Act of 1984 (15 U.S.C.
12(bX4)) is amended by inserting ‘*of the Interior” immediately
er “^cretarjr”.
(c) Archiving of Data. — Section 602 of the Land Remote-
rising Commercialization Act of 1984 (15 U.S.C. 4272) is
tended —
(1) in subsections (b), (c), (d), (f), and (g), by inserting
“of the Interior” immediately after “Secretary each place it
appears; and
(2) by adding at the end the following new subsection;
“(h) in carrying out the functions of this section, the Secretary
the Interior shall consult with the Secretary to ensure that
hiving activities are consistent with the terms and conditions
any contract or agreement entered into under title II, III, or
f this Act and with any license issued under title IV of this
t.”.
C. 115. WEATHER OFFICE IN EUREKA, CALIFORNIA.
Notwithstanding any other law, anv property and imiirove-
nts to that property located on Woodley Island in the city of
reka, California, that are —
(1) acquired by the Secretary of Commerce from Humboldt
Bay Hsurbor Recreation and Conservation District, California,
for use as a weather forecasts oftlce; and
(2) determined by the l^cretaiy to be excess property,
ill revert to that district.
C. 116. REPORT ON SATELLITE OCEANOGRAPHY.
(a) In General. — ^The Federal Coordinating Council for Science,
gmeering, and Technology through the Committee on Earth and
vironmental Sciences, in consultation with Federal, academic,
d commercial users of remotely sensed data, shall consider and
/elop findings and recommendations regarding —
(1) the most urgent current needs of oceanographic
researchers within the Federal Government, the academic
community, and the private sector, for remote sensing capabili¬
ties and remotely sensed data, including findings regarding
the present inadequacies in these capabilities and data; and
(2) the mqjor goals of satellite oceanography for the next
10 years.
(b) Report. — ^Not later than one year after the date of enact-
nt of this Act, the Federal Coordinating Council for Science,
Real property.
33 use 883j
note.
106 STAT. 4280
PUBLIC LAW 102-567— OCT. 29, 1992
Engineering, and Technology shall submit to the Confess a report
whiih describes the findings and recommendations of the Commit¬
tee on Earth and Environmental Sciences, including recommenda¬
tions for, or a description of actions to be taken toward —
(1) correcting the inadequacies in remote sensing capabili¬
ties;
(2) improving the availability of remotelv sensed data; and
(3) achieving the mqjor goals of satellite oceanography
developed pursuant to subsection (aX2).
TITLE n— NOAA OCEAN AND COASTAL PROGRAMS
SEC. 20i; NATIONAL OCEAN SERVICE.
(a) Mapping, Charting, and Geodesy. — ^There are authorized
to be appropriated to the Secretary of Commerce, to enable the
National Oceanic and Atmospheric Administration to cai^ out
mapping, charting, and geodesy activities (including geodetic data
collection and analysis) under the Act of 1947 and any other law
involving those activities, $50,917,000 for fiscal year 1992 and
$51,087,000 for fiscal year 1993.
(b) Observation and Assessment. — ^There are authorized to
be appropriated to the Secretary of Commerce, to enable the
National Oceanic and Atmospheric Administration to carry out
observation and assessment activities —
(1) imder the Act of 1947 and any other law involving
those activities, $57,273,000 for fiscal year 1992 and
$57,273,000 for fiscal year 1993; and
(2) under title II of the Marine Protection, Research, and
Sanctuaries Act of 1972 (33 U.S.C. 1441 et seq.), $11,000,000
for fiscal year 1992 and $11,000,000 for fiscal year 1993.
(c) Coastal Ocean Program. — Of the sums authorized under
subsection (b)(1), $17,352,000 for each of the fiscal years 1992
and 1993 are authorized to be appr^riated for the purposes of
conducting a Coastal Ocean Program. Such program shall augment
and integrate existing programs of the National Oceanic smd
Atmospheric Administration and shall include efforts to improve
predictions of fish stocks, to better conserve and manage living
marine resources, to improve predictions of coastal ocean pollution
to help correct and prevent degradation of the ocean environment,
to promote development of ocean technology to support the effort
of science to understand and characterize the role oceans play
in global climate and environmental analysis, and to improve pre¬
dictions of coastal hazards to protect human life and personal
property.
(d) Long Island Sound Circulation Model.— No moneys
appropriated pursuant to the authorizations in this Act shall be
used to conduct analyses of samples collected under the National
Status and Trends ProCTam imtil the Policy Committee of the
Long Island Sound Stuc^ certifies that the National Oceanic and
Atmospheric Administration has completed the water circulation
model for Long Island Sound.
(e) Circulation Model Funding. — Of the sums authorized
under subsection (b) for fiscal year 1992, $600,000 is available
for completion of the water circulation model for Long Island Sound
and $400,000 is available for National Status and Trends Program
stations in Long Island Sound.
106 STAT. 4281
PUBLIC LAW 102-567-— OCT. 29, 1992
(f) Ocean Management.— There are authorized to be appro¬
priated to the Secret^ of Commerce, to enable the National Oce-
inic and Atmospheric Administration to carry out ocean manage-
nent activities, $1,678,000 for fiscal year 1992 and $1,823,000
br fiscal year 1993.
SEC. 202. OCEAN AND GREAT LAKES RESEARCH.
(a) Ocean a^ Great Lakes Research Authorization. —
[here are authorized to be a^ropriated to the Secretary of Com-
nerce, to enable the National Oceanic and Atmospheric Aaministra-
;ion to carry out ocean and Great Lakes research activities under
he Act of 1947, the Act of 1890, and any other law involving
hose activities, $32,171,000 for fiscal year 1992 and $39,800,000
br fiscalyear 1993.
(b) Cooperative Institute for Limnology and Ecosystems
[Iesearch. — In addition to amounts authorized under subsection
a), there are authorized to be approi>riated to the Office of Oceanic
md Atmospheric Research of the National Oceanic and Atmospheric
Administration $250,000 for fiscal year 1992 and $260,000 for fiscal
(Tear 1993, for use bv the Cooperative Institute for Limnology and
Scosystems Research (established in partnership with the State
)f Michigan and the Great Lakes Environmental Research Labora-
■jory) for —
(1) research conducted by the Institute;
(2) development of the Institute; and
(3) for preparation of a five-year plan for research and
development.
(c) Laj^e Lakes Research. — (1) In addition to amounts author¬
ized under subsections (a) and (b), there are authorized to be
appropriated to the Secretary of Commerce for use by the Office
>f Oceanic and Atmospheric Research $2,000,000 for fiscal year
L992 and $2,080,000 tor fiscal year 1993 for use for preparing
El plan for large lakes research.
(2) Amounts appropriated under this subsection may be used
for —
(A) preparation of a 5-year plan designating large lake
study sites, research activities, and anticipated research prod¬
ucts; and
(B) collection of physical, chemical, and biological data
required for preparing that plan.
(3) Activities conducted 'with amounts appropriated under this
3ubse<^on shall be coordinated through the Great L^es Environ¬
mental Iesearch Laboratory, working in association with the
Cooperative Institute for Limnology and Ecosystems Research and
the National Undersea Research Program.
SEC. 208. AQUATIC NUISANCE PREVENTION AND CONTROL PROGRAM.
(a) Authorkation of Appropriations. — ^There are authorized
bo be appropriated to the Secretary of Commerce $11,000,000 for
fiscal year 1992 and $11,440,000 for fiscal year 1993 for use in
implementing the Nonindigenous Aquatic Nuisance Prevention and
Control Act of 1990 (Public Law 101-646). , . . ^
(b) Report. — ^Not later than one year after the date of the
enactment of this Act, the Secretary of Commerce shall submit
a report to the Congress on progress toward establishing a
nonindi^nous aquatic nuisance prevention ^ and control program
within ffie National Oceanic and Atmospheric Administration and
16 use 4701
note.
106 STAT. 4282 PUBLIC LAW 102-567— OCT. 29, 1992
projected funding for such a program for the following five fiscal
years.
SEC. 204. REPEAL OF NATIONAL OCEAN POLLUTION PLANNING ACT
OF 1978.
The National Ocean Pollution Planning Act of 1978 (33 U.S.C.
1701-1709) is repealed.
33 use 2706 SEC. 206. NOAA OIL AND HAZARDOUS SUBSTANCE SPILL COST
note. REIMBURSEMENT.
(a) Treatment of Amounts Received as Reimbursement of
Expenses.— Notwithstanding any other provision of law, amounts
received by the United States as reimbursement of expenses related
to oil or hazardous substance spill response activities, or natural
resource damage assessment, restoration, rehabilitation, replace¬
ment, or acquisition activities, conducted (or to be conducted) by
the National Oceanic and Atmospheric Administration —
(1) shall be deposited into the Fund;
(2) shall be available, without fiscal year limitation and
without apportionment, for use in accordance with the law
under which the activities are conducted; and
(3) shall not be considered to be an augmentation of appro¬
priations.
(b) .^PLICATION. — Subsection (a) shall apply to amounts
described in subsection (a) that are received —
(1) after the date of the enactment of this Act; or
(2) with respect to the oil spill associated with the ground¬
ing of the EXXON VALDEZ.
(c) Definitions. — ^For purposes of this section —
(1) the term “Fund'' means the Damage Assessment and
Restoration Revolving Fimd of the National Oceanic and
Atmospheric Administration referred to in title I of Public
Law 101-515 under the heading “National Oceanic and
Atmospheric Administration” (104 Stat. 2105); and
(2) ^e tem “expenses” includes incremental and base sala¬
ries, ships, £iircraft, and associated indirect costs, except the
term does not include base salaries and benefits of National
Oceamc and Atmospheric Administration Support Coordinators.
TITLE in— NOAA MARINE FISHERY PROGRAMS
SEC 801. AUTHORIZATION OF APPROPRIATIONS.
The National Oceanic and Atmospheric Administration Marine
Fisheries Program Authorization Act (Public Law 98-210; 97 Stat.
1409) is amended—
section 2(a) by striking “$26,500,000” and all that follows
toough fiscal year 1989” and inserting in lieu thereof “$47,933,000
for fiscal year 1992 and $59,162,000 for fiscal year 1993”;
(2) in section 3(a) by striking “$35,000,000” the first time it
appears and all that follows through “fiscal year 1989” and inserting
m heu thereof “$27,290,000 for fiscal year 1992 and $35,594,000
for fiscal year 1993”; and
97 Stat. 1410. (3) in section 4(a) by striking “$10,000,000” and all that follows
t^ugh “fiscal year 1989” and inserting in lieu thereof “$12,182,000
for fiscal year 1992 and $18,838,000 for fiscal year 1993”.
EC. 302. DEVELOPMENT OF DOLPHIN-SAFE METHODS OF TUNA FISH¬
ING.
Section 2 of the National Oceanic and Atmospheric Administra-
on Marine Fisheries Program Authorization Act (Public Law 98-
10; 97 Stat. 1409) is amended by adding at the end the following
ew subsection;
“(d) Of the sums authorized under subsection (a) of this section,
1,000,000 for each of the fiscal years 1992 and 1993 are authorized
) be appropriated for the purpose of developing dolphin-safe meth-
ds of locating and catching yellowfin tuna. Such authorization
tiall be in addition to moneys authorized imder section 7 of the
ct entitled ‘An Act to improve the operation of the Marine Mammal
rotection Act of 1972, and for other purposes’, approved October
, 1981 (16 U.S.C. 1384). Within six months after the date of
lactment of this subsection, the Secretaiy, in cooperation with
le Inter-American Tropical Tuna Commission and after consulta-
on with interested persons, shall publish a program plan for
ublic comment that shall provide for —
“(1) cooperative research to improve understanding of the
behavioral association of dolphins and yellowfin tuna in the
eastern tropical Pacific Ocean;
“(2) development, testing, and implementation of new meth¬
ods of locating and catching yellowfin tuna without the inciden¬
tal taking of dolphins; and
“(3) appropriate measures to ensure program participation
and sharing of associated costs by each foreign government
that conducts, or authorizes its nationals to conduct, yellowfin
tuna fishing in the eastern tropical Pacific Ocean.”.
BC. 303. FISHERIES RESEARCH.
Section 304(e) of the Magnuson Fishery Conservation and
[anagement Act (16 U.S.C. 1854(e)) is amended by redesignating
arap'aphs (1), (2), and (3), and any reference thereto, as para-
raphs (2), (3), and (4), respectively, and by inserting immediately
Eler “Fisheries Research. — the following: “(1) The Secretaiy
lall initiate and maintain, in cooperation with the Councils, a
imprehensive program of flsheiy research to carry out and further
le purposes, policy, and provisions of this Act Such program
lall be designed to acquire knowledge and information, including
:atistics, on flsheiy conservation and management and on the
:onomics of the fisheries.”.
EC 304. FISHERY FACILITIES.
Section llOl(k) of the Merchant Marine Act, 1936 (46 App.
^S.C. 1271(k)), is amended —
(1) by striking “or” at the end of paragraph (1);
(2) by adding “or” at the end of paragraph (2); and
(3) by inserting immediately after paragraph (2) the follow¬
ing new paragraph:
“(3) for aquaculture, including operations on land or
elsewhere —
“(A) any structure or appurtenance thereto designed
for aquaculture;
“(B) the land necessary for any such structure or appur¬
tenance described in subparagraph (A);
“(C) equipment which is for use in cnnnection with
any such structure or appurtenance and which is necessaiy
Printing.
Public
information.
106 STAT. 4284
PUBLIC LAW 102-567— OCT. 29, 1992
Reports.
Mexico.
16 use 1361
note.
Establishment.
15 use 1511d.
for the performance of any function referred to in subpara¬
graph (A); and
"(D) any vessel built in the United States used for,
equipped to be used for, or of a type whi(^ is normally
used tor aquaculture;’*.
SEC. 805. STUDY OF JOINT ENFORCEBIENT OF FISHERIES RBGUIA-
HONS.
Not later than 4 months after the date of enactment of this
Act, the l^retaiy of Transportation and the Secretary of Commerce
shsdl submit to ^e Committee on Commerce, Science, and Transpor¬
tation of tbe Senate and the Committee on Merchant Marine and
Fisheries of the House of Representatives a joint report describing
methods by which Coast Guard enforcement efforts m the western
Pacific Oci^ under the Magnuson Fishery Conservation and
Management (16 U.S.C. 1801 et se^) ma^ be enhanced and
coordinated with fiiose of the National Oceamc and Atmospheric
Administration. The report shall —
(1) evaluate the ability of the Clocust Guard to address
key enforcement problems, which the Secretary of Commerce
shall identify, for the western Pacific Ocean, particularly in
the exclusive economic zone a4jacent to the Hawaiian Islands,
the Northern Mariana Islands, and the territories and posses¬
sions of the United States;
(2) propose procedures by which the Coast Guard and the
National Oceanic emd Atmospheric Administration may coordi¬
nate their efforts to improve and maximize effective enforce¬
ment of fisheries regulations, including but not limited to the
chartering of light aircraft for fisheries surveillance and enforce¬
ment; and
(3) recommend appropriate levels of Coast Guard participa¬
tion in such efforts.
SEC. 806. STUDY ON EFFECTS OF DOLPHIN FEEDING.
(a) Study. — ^The Secretary of Commerce shall conduct a study
in the eastern Gulf of Mexico on the effects of feeding of noncaptive
dolphins by human beings. The study conducted pursuant to this
section shall be designed to detect an^ behavior or diet modification
resulting from this feeding and to identify the effects, if any, of
these modifications on the health and well-being of the dolphins.
(b) External Review. — In design and conduct of the study
required under subsection (a), the Secretary shall consult with
the National Academy of lienees and the Marine Mammal
Commission.
(c) Report. — ^Within 18 months after the date of the enactment
of this Act, the Secretary shall submit to the Committee on Mer¬
chant Marine and Fisheries of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the
Senate a report on the results of the study conducted pursuant
to subsection (a).
SEC. 807. CHESAPEAKE BAY ESTUARINE RESOURCES OFFICE.
(a) Establishment. — (1) The Secretary of Commerce shall
establish, within the National Oceanic and Atmospheric Administra¬
tion, an office to be known as the Chesapeake Bay Estuarine
Resources Office (hereinafter referred to as the "Office”).
(2) The Office shall be headed by a Director who shall be
annninted bv t.1iA ^Uirrnfnrv nf CnirimArAA in AnnanIfAt.inn unf.b t.fiA
PUBLIC LAW 102-567— CXrr. 29, 1992
106 STAT. 4285
/hesapeake Bay Executive Council. Any individual appointed as
Hrector shall have knowledge and experience in research or
source mana^ment efforts in the Chesapeake Bay.
(3) The Director may appoint such additional personnel for
he Office as the Director determines necessary to carry out this
ection.
Ob) Functions. — ^The Office, in consultation with the Chesa-
eake Bay Executive CouncO, shall —
(1) provide technical assistance to the Administrator, to
other Federal departments and agencies, and to State and
local government agencies in —
(A) assessing the processes that shape the Chesapeake
Bay system and affect its living resources;
(B) identifying technical and management alternatives
for the restoration and protection of living resources and
the habitats thejr depend upon; and
(C) monitoring the implementation and effectiveness
of management plans;
(2) devmop ana implement a strategy for the National
Oceanic and Atmospheric Administration that integrates the
science, research, monitoring, data collection, regulatory, and
management responsibilities of the Secretaiy of Commerce in
such a manner as to assist the cooperative, intergovernmental
Chesapeake Bay Program to meet the commitments of the
Chesapeake Bay Agreement;
(3) coordinate the programs and activities of the various
organizations within the National Oceanic and Atmospheric
Acuninistration and the Chesapeake Bay Regional Sea Grant
Progra^ (including programs and activities in coastal and
estuarine research, monitoring, and assessment; fisheries
research and stock assessments; data management; remote
sensing; coastal management; and habitat conservation);
(4) coordinate the activities of the National Oceanic and
Atmospheric Administration with the activities of the Environ¬
mental Protection Agency and other Federal, State, and local
agencies;
(5) establish an effective mechanism which shall ensure
that projects have undergone appropriate peer review and pro¬
vide other appropriate means to determine that projects have
acceptable scientific and technical merit for the purpose of
achieving maximum utilization of available funds and resources
to benefit the Chesapeake Bay area;
(6) remain cognizant of ongoing research, monitoring, and
management projects and assist in the dissemination of the
results and findings of those projects; and
(7) submit a biennial report to the Congress and the Sec¬
retary of Commerce with respect to the activities of the Office
and on the progress made in protecting and restoring the
living resources and habitat of the Chesapeake Bay.
(c) Budget Line Item. — ^The Secretary of Ciommerce shall iden-
ify, in the President’s annual budget to the Congress, the funding
equest for the Office.
(d) Authorization of Appropriations.— Section 2 of the
lational Oceanic and Atmospheric Administration Marine Fisheries
Program Authorization Act (Public Law 98-210; 97 Stat. 1409),
s amended by section 302 of this Act, is further amended by
dding at the end the following new subsection:
Reports.
106 STAT. 4286
PUBLIC LAW 102-567— OCT. 29, 1992
33 use 1251
note.
Establishment.
“(e) Of the sums authorized under subsection (a) of this section,
no more than $2,500,000 are authorized to be appropriated for
each of the fiscal years 1992 and 1993 to enable the National
Oceanic and Atmospheric Administration to establish the Chesa¬
peake Bay Estuarine Resources Office under section 306 of the
National Oceanic and Atmospheric Administration Authorization
Act of 1991. No more than 20 percent of the amount appropriated
under the authorization in this subsection shall be used for adminis¬
trative purposes.”.
(e) Chesapeake Executive Council. — For purposes of this
section, “Chesapeake Executive Council” means the representatives
from the Commonwealth of Virginia, the State of Maryland, the
(Commonwealth of Pennsylvania, the Environmental Protection
Agency, the District of Columbia, and the Chesapeake Bay Commis¬
sion, who are signatories to the Chesapeake Bay Agreement, and
any future signatories to that Agreement.
SEC. 308. NATIONAL SHELLFISH INDICATOR PROGRAM.
(a) Estabushment of a Research Program.— The Secretary
of Commerce, in cooperation with the Secretary of Health and
Human Services ana the Administrator of the Environmental
Protection Agenev, shall establish and administer a 5-year national
shellfish research program (hereafter in this section referred to
as the “Program”) for the purpose of improving existing classifica¬
tion svstems for shellfish growing waters using the latest techno¬
logical advancements in microbiology and epidemiological methods.
Within 12 months after the date of enactment of this Act, the
Secretary of Commerce, in cooperation with the advisory committee
established under subsection (1)) and the Consortium, shall develop
a comprehensive 5-year plan for the Program which shall at a
minimum provide for —
(1) an environmental assessment of commercial shellfish
growing areas in the United States, including an evaluation
of the relationships between indicators of fecal contamination
and human enteric pathogens;
(2) the evaluation of such relationships with respect to
potential health hazards associated with human consumption
of shellfish;
(3) a comparison of the current microbiological methods
used for evaluating indicator bacteria and human enteric patho¬
gens in shellfish and shellfish growing waters with new techno¬
logical methods designed for this purpose;
(4) the evaluation of current and projected systems for
human sewage treatment in eliminating viruses and other
human enteric pathogens which accumulate in shellfish;
(5) the design of epidemiological studies to relate
microbiological data, sanitaiy survey data, and human shellfish
consumption data to actual hazards to health associated with
such consumption; and
(6) recommendations for revising Federal shellfish stand¬
ards and improving the capabilities of Federal and State agen¬
cies to effectively manage shellfish and ensure the safety of
shellfish intended for human consumption.
(b) Advisory Committee. — (1) For the purpose of providing
oversight of the Program on a continuing basis, an advisoiy commit¬
tee (hereafter in this section referred to as the “Committee”) shall
be established imder a memorandum of understanding between
PUBLIC LAW 102-567— OCT. 29, 1992
106 STAT. 4287
the Interstate Shellfish Sanitation Conference and the National
Marine Fisheries Service.
(2) The Committee shall —
(A) identify priorities for achieving the purpose of the Pro¬
gram;
(B) review and recommend approval or disapproval of Pro¬
gram work plans and plans of operation;
(C) review and comment on all subcontracts and grants
to be awarded under the Program;
(D) receive and review progress reports from the Consor¬
tium and program subcontractors and grantees; and
(E) provide such other advice on the Program as is appro¬
priate.
(3) The Committee shall consist of at least ten members and
shall include —
(A) three members representing agencies having authority
imder State law to regmate the ^ellfish industry, of whom
one shall represent each of the Atlantic, Pacific, and Gulf
of Mexico shellfish growing regions;
(B) t^ee members representing persons engaged in the
shellfish industry in the Atlantic, Pacific, and Gulf of Mexico
shellfish growing regions (who shall be appointed from among
at least six recommendations by the industry members of the
Interstate Shellfish Sanitation Conference Executive Board),
of whom one shall represent the shellfish industry in each
region;
(C) three members, of whom one shall represent each of
the following Federal agencies: the National Oceanic and
Atmospheric Administration, the Environmental Protection
Agency, and the Food and Drug Administration; and
(D) one member representing the Shellfish Institute of
North America.
(4) The Chairman of the Committee shall be selected from
among the Committee members described in paragraph (3XA).
(5) The Committee shall establish and maintain a subcommittee
of scientific experts to provide advice, assistance, and information
relevant to research funded under the Program, except that no
individual who is awarded, or whose application is being considered
for, a grant or subcontract under the Program may serve on such
subcommittee. The membership of the subcommittee shall, to the
extent practicable, be regionally balanced with experts who have
scientific knowledge concerning each of the Atlantic, Pacific, and
Gulf of Mexico shellfish growing regions. Scientists from the
National Academy of Sciences and appropriate Federal agencies
(including the National Oceanic and Atmospheric Administration,
Food and Drug Administration, Centers for Disease Control,
National Institutes of Health, Environmental Protection Agency,
and National Science Foimdation) shall be considered for member¬
ship on the subcommittee.
(6) Members of the Committee and its scientific subcommittee
established under this subsection shall not be paid for serving
on the Committee or subcommittee, but shall receive travel expenses
as authorized by section 5703 of title 5, United States Code.
(c) Contract With Consortium.— Within 30 days after the
date of enactment of this Act, the Secretary of Commerce shall
seek to enter into a cooperative agreement or contract with the
Consortium imder which the Consortium will —
Establishment.
106 STAT. 4288
PUBLIC LAW 102-567— OCT. 29, 1992
Reports.
North Carolina.
(1) be the academic administrative organization and fiscal
agent for the Program;
(2) award and administer such grants and subcontracts
as are approved by the Committee under subs^dion (b);
(3) develop and implement a scientific peer review process
for evaluating grant and subcontractor applications prior to
review by the Committee;
(4) in cooperation with the Secretary of Commerce and
the Committee, procure the services of a scientific project
director;
(5) develop and submit budgets, progress reports, work
plans, and plans of operation for ^e Progrsun to the Se^etary
of Commerce and the Committee; and
(6) make available to the Committee such staff, informa¬
tion, and assistance as the Committee may reasonably require
to carry out its activities.
(d) Reporting Requirements.— Within 3 months after the date
of enactment of this Act and within each of the next three consecu¬
tive 3-month intervals, the Secretary of Commerce shall provide
Congress with written assessments of Federal efforts to implement
this section. In addition, the Secreta^ of Commerce shall submit
an £umual report to Congress on the l^ogram, including a descrip¬
tion of the research funded imder the Program and the results
of such research.
(e) Authorization of Appropriations.— (1) Of the sums
authorized under section 4(a) of the National Oceanic and
Atmospheric Administration Marine Fisheries Program Authoriza¬
tion Ad^ (Public Law 98-210; 97 Stat. 1409), there are authorized
to be appropriated to the S^retary of Commerce $5,200,000 for
each of ^e fiscal years 1993 through 1997 for carrying out the
Program. Of the amounts appropriated pursuant to tms authoriza¬
tion, not more than 5 percent of such appropriation may be used
for administrative pur^rases by the National Oceanic and
Atmospheric Administration. The remaining 95 percent of such
appropriation shall be used to meet the administrative and scientific
objectives of the Program.
(2) The Interstate Shellfish Sanitation Conference shall not
administer appropriations authorized under this section, but may
be reimbursed from such appropriations for its expenses in arrang¬
ing for travel, meetings, workshops, or conferences necessary to
carry out the Program.
(f) Definitions. — ^As used in this section, the term —
(1) "Consortium’* means the Louisiana Universities Marine
Consortium; and
(2) "shellfish” means any species of oyster, clam, or mussel
that is harvested for human consmnption.
SEC. SOa. COOPERATIVE INSTITUTE OF FISHERIES OCEANOGRAPHY.
The Secretary of Commerce shall acquire on a long-term basis
the Administrator of General Services space on IMvers Island
in Beaufort, North Carolina, that is needed! to implement the memo¬
randum of understanding of March 2, 1989, between the National
Oceanic and Atmospheric Administration, Duke University, and
the University of North Carolina establishing the Coopemtive
Institute of Fisheries Oceanography. This section shall not apply
if the annual cost of leasing the required space exceeds $2,000,000.
PUBLIC LAW 102-567— OCT. 29, 1992
106 STAT. 4289
EC. 310. UNITED STATES GULF OF MEXICO AND SOUTH ATLANTIC
SHRIMP FISHERY STUDY.
(a) Study. — (1) The Secretary of Commerce shall conduct a
omprehensive economic study to provide baseline information to
uide policy decisions on the future of the United States Gulf
Mexico and South Atlantic shrimp fishery. Funds shall only
e expended under the terms of paragraph (2) of this section.
(2) The study shall —
(A) gather information as to the extent to which govern¬
mental and economic factors have affected or may affect the
United States Gulf of Mexico and South Atlantic shrimp fishery;
(B) attempt to expand available historical data through
survey contacts and cooperation with the industry; and
(C) incorporate the results of the studies on the United
States Gulf of Mexico and South Atlantic shrimp fishery that
are underway or completed on the date this section is effective.
(b) Report. — ^The Secretary of Commerce shall submit a report
3 Congress detailing the resulte of this study no later than October
, 1993.
(c) Authorization. — ^There is authorized to be appropriated
3 carry out the provisions of this section $1,000,000 for fiscal
ar 1993. None of the fimds authorized under section 304(g) of
^e Magnuson Fisheiy Conservation and Management Act (16
F.S.C. 1854(g)) may be used to carry out the provisions of this
ection.
EC. 311. REPORT ON SATELLITE CAPABILITIES FOR FISHERIES
ENFORCEMENT.
(a) In General. — ^Not later than six months after the date
f the enactment of this Act, the Secretary of Commerce, in consulta-
ion with the heads of other Federal agencies, shall prepare and
ubmit to the Committee on Merchant Marine and Fisheries of
^e House of Representatives and the Committee on Commerce,
cience, and Transportation of the Senate, a report describing how
urrent and planned satellite capabilities of the Federal Government
an aid in the enforcement of Federal fisheries laws and inter-
ational fisheries conservatioi^rograms.
(b) Report Contents. — ^The report under subsection (a) shall
iclude consideration of—
(1) active, transponder-based systems and passive, vessel
signature-based technologies capable of localizing or identi¬
fying individual vessels without the use of vessel-carried
transmitters;
(2) the resolution, coverage periods, and all-weather
effectiveness of each technology and the real-time data delivery
capacity of the various systems;
(3) a description of the technological requirements (includ¬
ing data processing and transfer procedures) and institutional
reqmrements necessary to transfer satellite data to end users
for management and enforcement purposes; and
(4) the status of foreign civil satellites and the feasibility
of their application to international vessel location and monitor¬
ing.
106 STAT. 4290
PUBLIC LAW 102-567— OCT. 29, 1992
California.
Louisiana.
Mississippi.
SEC. 312. DEMONSTRATION PROJECT FOR SEAFOOD HANDLING
TRAINING AND EDUCATION.
(a) Grants. — ^The Secretar3r of Commerce may make annual
grants to the City of San Francisco and the Port of San Francisco
for each of the fiscal years 1992 and 1993 for a joint proiect
at the San Francisco Wharf to demonstrate safe seafood handling
and to conduct seafood education programs.
(b) Authorization of Appropriations. — ^For grants under this
section, there are authorized to be appropriated to the Secretary
of Commerce —
(1) $250,000 for fiscal year 1992; and
(2) $350,000 for fiscal year 1993.
Such fimds shall remain available until expended.
SEC. 313. BOWHEAD WHALE STUDY.
Notwithstanding any other provision of law, the Department
of Commerce and the Department of the Interior are authorized
to pay as appropriate, $48,464, plus interest since June 6, 1988,
to reimburse any unpaid costs incurred in the research and prepara¬
tion of a paper entitled “Quantification of Subsistence and Cultural
Need for Bowhead Whales by Alaska Eskimos”, which was pre¬
sented by the United States to the 40th Annual Meeting of the
International Whaling Commission.
SEC. 314. FISHERIES RESEARCH CENTER.
The Secretary of Commerce, through the Under Secretary of
Commerce for Oceans and Atmosphere, is authorized to conshnct
a building, on approximately 15 acres of land to be leased from
the University of Southwest Louisiana for a 99-year term. This
section shall not apply if the annual cost of leasing the required
land exceeds one dollar. This authorization is subject to the avail¬
ability of appropriations provided in advance for the purpose stated
in this section.
SEC. 315. PASCAGOULA LABORATORY WAREHOUSE FACILITIES.
Due to the logistical crisis at the National Marine Fisheries
Service Laborato^ at Pascagoula, Mississippi, the Administrator
of the National Oceanic and Atmospheric Administration should
give immediate consideration to upgrading dock and warehouse
support facilities at such Laboratory in fiscal year 1993.
TITLE IV— ADMINISTRATION AND OTHER ACCOUNTS
SEC. 401. PROGRAM SUPPORT.
(a) Executive Direction and Administrative Activities. —
There are authorized to be appropriated to the Secretary of Com¬
merce, to enable the National Oceanic and Atmospheric Administra¬
tion to carry out executive direction and administrative activities
(including management, administrative support, provision of retired
pay of National Oceanic and Atmospheric Administration commis¬
sioned officers, and policy development) under the Act entitled
“An Act to cla^y the status and benefits of commissioned officers
of the National Oceanic and Atmospheric Administration, and for
other purposes”, approved December 31, 1970 (33 U.S.C. 857—1
et seq.), and any other law involving those activities, $68,460,000
for fiscal year 1992 and $75,750,000 for fiscal year 1993.
(b) Marine Services.-^!) There are authorized to be appro¬
priated to the Secretary of Commerce, to enable the National Oce-
PUBLIC LAW 102-567— OCT. 29, 1992
106 STAT. 4291
inic and Atmospheric Administration to carry out marine services
ictivities (including ship operations, maintenance, and support)
mder the Act of 1947 and any other law involving those activities,
>63,407,000 for fiscal year 1992 and $68,518,000 for fiscal year
.993.
(2) There are authorized to be appropriated to the Secretary
if Commerce, to enable the National Oceanic and Atmospheric
!k.dministration to acquire a multibeam sonar mapper, $1,500,000
or fiscal year 1993.
(3) In addition to sums authorized in paragraphs (1) and (2),
ere are authorized to be appropriated to the Secretary of Com-
aerce $1,040,000 for fiscal year 1993 for the reactivation and oper-
ition of the research vessle ALBATROSS IV.
(4) (A) Unless necessary for safety reasons, the Secretaiy of
Commerce shall not deactivate the ALBATROSS IV (if active),
mtil an equivalent replacement vessel is operational.
(B) The Secretaiy of Commerce shall notify the Committee
n Commerce, Science, and Transportation of the Senate and the
Committee on Merchant Marine and Fisheries of the House of
lepresentatives 60 days prior to the prcmosed deactivation of any
ither research vessel of the National Oceanic and Atmospheric
administration, if an equivalent replacement vessel will not become
perational at the time of deactivation.
(5) The Secretary of Commerce shall consult with the Oceanog-
apher of the Navy regarding appropriate cost effective and practical
leasures to allow vessels of the National Oceanic and Atmospheric
administration to be interoperable with vessels of the Department
f the Navy, including with respect to operation, maintenance,
nd repair of those vessels.
(c) Aircraft Services. — ^There are authorized to be appro-
iriated to the Secretary of Commerce, to enable the National Oce-
inic and Atmospheric Administration to carry out aircraft services
activities (including aircraft operations, maintenance, and support)
mder the Act of 1890 and any other law involving those activities,
>8,865,000 for fiscal year 1992 and $10,336,000 for fiscal year
.993.
lEC. 402. CONSTRUCTION.
There are authorized to be appropriated to the Secretary of
Commerce, for acquisition, construction, maintenance, and oper-
tion of facilities of the National Oceanic and Atmospheric Adminis-
ration under any law involving those activities, $34,917,000 for
iscal year 1992 and $94,500,000 for fiscal year 1993.
EC. 403. NOTICE OF REPROGRAMMING.
(a) In General. — ^The Secretaiy of Commerce shall provide
Lotice to the Committee on Commerce, Science, and Transportation
.nd Committee on Appropriations of the Senate and to the Commit-
ee on Merchant Marine and Fisheries, Committee on Science,
Ipace, and Technology, and Committee on Appropriations of the
louse of Representatives, not less than 15 days before
programming funds available for a pro^am, project, or activity
f the National Oceanic and Atmospheric Administration in an
mount greater than the lesser of $250,000 or 5 percent of the
otal funding of such program, project, or activity if the
eprogramming —
(1) augments an existing program, project, or activity;
33 use 891b
note.
33 use 891g
note.
15 use 1538.
4292
PUBLIC LAW 102-567— OCT. 29, 1992
(2) reduces by 5 percent or more (A) the funding for an
existing program, project, or activity or (B) the numbers of
personnel therefor as approved by Confess; or
(3) results from any general savmgs from a reduction in
personnel which would result in a change in an existing pro¬
gram, project, or activity.
Oi) Notice op Reorganization.— The Secretary of Commerce
shall provide notice to the Committees on Merchant Marine and
Fisheries, Science, Space, and Technol<^, and Appropriations of
the House of Representatives, and the Committees on Commerce,
Science, and Transportation and Appropriations of the Senate not
later than 15 days before any major reorganization of any program,
project, or activity of the National Oceanic and Atmospheric
Adbministration.
SEC. 404. FINANCIAL ASSISTANCE.
(a) Processing of Applications.— Within 12 months after the
date of enactment of this Act, the Secretary of Commerce shall
develop and, after notice and opportunity for public comment,
promulgate regulations or guidelines to ensure that a completed
application for a grant, contract, or other financial assistance under
a nondiscretionary assistance program shall be processed and
approved or disapproved within 75 days after submission of tihe
application to the responsible program oiiice of the National Oceanic
and Atmospheric Administration.
(b) Notification of Appucant.— Not later than 14 days after
the date on which the Secretary of Commerce receives an applica¬
tion for a contract, grant, or other financial assistance provided
under a nondiscretionary assistance program administered by the
National Oceanic and Atmospheric Administration, the Secretary
shall indicate in writing to the applicant whether or not the applica¬
tion is complete and, if not complete, shall specify the additional
material that the applicant must provide to complete the
application.
(c) Exemption. — In the case of a program for which the recipi¬
ent of a grant, contract, or other financial assistance is specified
by statute to be, or has customarily been, a State or an interstate
fishery commission, such financial assistance may be provided by
the Secretary to that recipient on a sole-source basis, notwithstand¬
ing any other provision of law.
(d) Definition. — ^In this section, the term “nondiscretionc^
assistance program” means any program for providing financial
assistance —
(1) under which the amount of funding for, and the
intended recipient of, the financial assistance is specified by
Congress; or
(2) the recipients of which have customarily been a State
or an interstate fishery commission.
SEC. 406. PRICE FREEZE ON CHARTS AND OTHER PRODUCTS OF
NOAA.
Notwithstanding section 1307 of title 44, United States Code,
the price of nautical charts or other nautical products produced
or published by the National Oceanic and Atmospheric Admnistra-
tion and sold after the date of the enactment of this Act shall
not exceed the price of that type of chart or product on the date
of enactment of this Act a4justed for inflation. This section shall
not apply after September 30, 1994.
PUBLIC LAW 102-567— OCT. 29, 1992
106 STAT. 4293
lEC. 406. COOPERATIVE AGREEMENTS.
The Secretary of Commerce, acting through the Under Sec-
etary of Commerce for Oceans and Atmosphere, may enter into
ooperative agreements and other financial agreements with any
lonprofit organization to—
(1) aid and promote scientific and educational activities
to foster public understanding of the National Oceanic and
Atmospheric Administration or its programs; and
(2) solicit private donations for the support of such
activities.
lEC. 407. RECRUITMENT OF MINORITIES AND WOMEN FOR NOAA
SCIENCE EDUCATION ACTIVITIES.
(a) Findings. — ^The Congress finds the following:
(1) In this decade, more than two-thirds of the new entrants
to the United States labor force will be minorities and women —
groups which for the most part have been historically
underremesented in the sciences.
(2) ^e National Science Foundation estimates that by
the year 2000, the United States wall face a shortfall of more
than 400,000 science and engineering personnel.
(3) Given the demographics of the United States workforce,
the problem of underrepresented minorities and women in the
sciences and engineering could seriously compromise the indus¬
trial and technological capability of the United States, as well
as its ability to compete in international marketplaces.
(4) The National Oceanic and Atmospheric Administration
has made important efforts to promote education programs
in the sciences for students, teachers, and other citizens.
(b) Sense of Congress. — It is the sense of the Congress that
he National Oceanic and Atmospheric Administration should con-
inue to expand its educational programs in the sciences, and in
his effort, that the National Oceanic and Atmospheric Administra-
ion should develop and promote programs that reach out to and
ecruit minorities and women for education in the sciences.
title V— NATIONAL MARINE MONITORING PROGRAM
EC. 501. AMENDMENT.
The Marine Protection, Research, and Sanctuaries Act of 1972
3 amended by adding at the end the following new title:
“TITLE V— NATIONAL COASTAL MONITORING ACT
SEC. 501. PURPOSES.
“The purposes of this title are to—
“(1) establish a comprehensive national program for consist¬
ent monitoring of the Nation’s coastal ecosystems;
“(2) estabush long-term water quality assessment and mon¬
itoring programs for high priority coastal waters that wall
enhance the ability of Federal, State, and local authorities
to develop and implement effective remedial programs for those
waters;
“(3) establish a system for reviewing and evaluating the
scientific, analytical, and technological means that are available
for monitoring the environmental quality of coastal ecosystems;
15 use 1540.
33 use 2801.
106 STAT. 4294
PUBLIC LAW 102-567— OCT. 29, 1992
Reports.
33 use 2802.
33 use 2803.
Rhode Island.
"(4) establish methods for identifying uniform indicators
of coastal ecosystem quality;
"(5) provide for periodic, comprehensive reports to Congress
concerning the quality of the Nation’s coastal ecosystems;
"(6) establish a coastal environment information program
to distribute coastal monitoring information:
“(7) provide state programs authorizea under the Coastal
Zone Management Act of 1972 (16 U.S.C. 1451 et seq.) wi^
information necessaiy to design land use plans and coastal
zone regulations that will contribute to the protection of coastal
ecosystems; and
“(8) provide certain water pollution control programs
authorized under the Federal Water Pollution Control Act (33
1251 et seq.) with information necessary to design and
implement effective coastal water pollution controls.
“SEC. 502. DEFINITIONS.
‘Tor the purposes of this title, the term —
“U) ‘Aaministrator’ means the Administrator of the
Environmental Protection Agency;
“(2) ‘coastal ecosystem^ means a system of interacting
biological, chemical, and physical components throughout the
water column, water surface, and benthic environment of
coastal waters;
“(3) ‘coastal water quality means the physical, chemical
and biological parameters that relate to the health and integrity
of coastal ecosystems;
“(4) ‘coastal water quality monitoring’ means a continuing
pro^am of measurement, analysis, and s^mthesis to identify
and Quantify coastal water quality conditions and trends to
provide a technical basis for decisionmaking;
“(5) ‘coastal waters’ means waters of the Great Lakes,
including their connecting waters and those portions of rivers,
streams, and other bodies of water having imimpaired connec¬
tion with the open sea up to the head of tidal influence, includ¬
ing wetlands, intertidal areas, bays, harbors, and lagoons,
including waters of the territorial sea of the United States
and the contiguous zone”; and
“(6) ‘Under Secretary means Under Secretary of Commerce
for Oceans and Atmosphere.
“SEC. SOS. COMPREHENSIVE COASTAL WATER QUALITY MONITORING
PROGRAM.
“(a) Authority; Joint Implementation. — (1) 'The Adminis¬
trator and the Under Secretary, in coi\junction with other Federal,
State, and local authorities, shall jointly develop and implement
a program for the long-term collection, assimilation, and analysis
of scientific data designed to measure the environmental quality
of the Nation’s coastal ecosystems pursuant to this section. Monitor¬
ing conducted pursuant to this section shall be coordinated vidth
relevant monitoring programs conducted by the Administrator,
Under Secretary, and other Federal, State, and local authorities.
“(2) Primary leadership for the monitoring program activities
conducted by the Environmental Protection Agency pursuant to
this section shall be located at the Environmentiu Research Labora¬
tory in Narragansett, Rhode Island.
“(b) Program Elements. — ^The Comprehensive Coastal Water
Quality Monitoring Program shall include, but not be limited to—
PUBLIC LAW 102-567— OCT. 29, 1992
106 STAT. 4295
“(1) identification and analysis of the status of environ¬
mental quality in the Nation’s coastal ecosystems, including
but not limited to, assessment of—
“(A) ambient water quality, including contaminant lev¬
els in relation to criteria and standards issued pursuant
to title III or the Federal Water Pollution Control Act
(33 U.S.C. 1311 et se^.);
"(B) benthic environmental quality, including analysis
of contaminant levels in sediments in relation to criteria
and standards issued pursuant to title III of the Federal
Water Pollution Control Act (33 U.S.C. 1311 et seq.); and
“(C) health and quality of living resources.
“(2) identification of sources of environmental degradation
affecting the Nation’s coastal ecosystems;
“(3) assessment of the impact of governmental programs
and management strategies and measures designed to abate
or prevent the environmental degradation of the Nation’s
coastal ecosystems;
“(4) assessment of the accumulation of floatables along
coast£il shorelines;
“(5) analysis of expected short-term and long-term trends
in the environmental quality of the Nation’s coastal ecosystems;
and
“(6) the development and implementation of intensive
coastal water quality monitoring programs in accordance with
subsection (d).
(c) Monitoring Guidelines and Protocols.—
“(1) Guidelines. — ^Not later than 18 months after the date
of the enactment of this title, the Administrator and the Under
Secretary shall jointly issue coastal water quality monitoring
guidelines to assist in the development and implementation
of coastal water quality monitoring programs. The guidelines
shall —
“(A) provide an appropriate degree of uniformity among
the coastal water quality monitoring methods and data
while preserving the flexibility of monitoring programs to
address specific needs;
“(B) establish scientifically valid monitoring methods
that 'will —
“(i) provide simplified methods to survey and
assess the water quality and ecological health of coastal
waters;
“(ii) identify and quantify through more intensive
efforts the severity of existing or anticipated problems
in selected coastal waters;
“(iii) identify and quantify sources of pollution that
cause or contribute to those problems, including point
and nonpoint sources; and
“(iv) evaluate over time the effectiveness of efforts
to reduce or eliminate pollution from those sources;
“(C) provide for data compatibility to enable data to
be efficiently stored and shared by various users; and
“(D) identify appropriate physical, chemical, and
biological indicators of the healtn and quality of coastal
ecosystems.
“(2) ^CHNICAL protocols. — Guidelines issued under para¬
graph (1) shall include protocols for —
; STAT. 4296
PUBLIC LAW 102-567— OCT. 29, 1992
"(A) designing statistically valid coastal water quality
monitoring networks and monitoring surveys, induding
assessment of the accumulation of floatables.
“(B) sampling and analysis, including appropriate
physical and chemical parameters, living resource param¬
eters, and sediment analysis techniques; and
“(C) quality control, quality assessment, and data
consistency and management.
“(3) Periodic review. — ^The Administrator and the Under
Secretaiy shall periodically review the guidelines and prot^lg
issued under tMs subsection to evaluate their effectiveness,
the degree to which they continue to answer program objectives
and provide an appropriate degree of uniformity while taking
local conditions into account, and emy need to modify or supple¬
ment them with new guidelines and protocols, as needed.
“(4) Discharge permit data. — The Administrator or a
State permitting authority shall ensure that compliance mon¬
itoring conducted pursuant to section 402(aX2) of the Feder^
Water Pollution Control Act (33 U.S.C. 1342(a)(2)) for permits
for discharges to coastal waters is consistent with the guidelines
issued imder this subsection. Any modifications of discharge
permits necessary to implement this subsection shall be deemed
to be minor modifications of such permit. Nothing in this sub¬
section requires dischargers to conduct monitoring other toan
compliance monitoring pursuant to permits under section
402(aX2) of the Federal Water Pollution Control Act (33 U.S.C.
1342(aX2)).
“(d) Intensive Coastal Water Quality Monitoring
Programs.—
“(1) In general. — ^The Comprehensive Coastal Water Qual¬
ity Monitoring Program established pursuant to this section
sl^U include intensive coastal water quality monitoring pro¬
grams developed imder this subsection.
“(2) Designation of intensive monitoring areas.— Not
later than 24 months after the date of enactment of this title
and periodically thereafter, the Administrator and the Under
Secretary shall, based on recommendations by the National
Research Council, jointly designate coastal areas to be inten¬
sively monitored.
“(3) Identification of suitable coastal areas.— (A) The
Administrator and the Under Secretary shall contract with
the National Research Council to conduct a study to identify
coastal areas suitable for the establishment of intensive coastal
monitoring programs. In identifying these coastal areas, the
National ^search Council shall consider areas that —
“(i) are representatives of coastal ecosystems through¬
out the United States;
“(ii) will provide information to assess the status and
trends of coastal water quality nation-wide; and
“(iii) would benefit from intensive water quality mon¬
itoring because of local management needs.
“(B) In making recommendations imder this paragraph,
the National Research Council shall consult with Regional
Research Boards established pursuant to title IV of this Act.
wrts. “(C) The National Research Council shall, within 18 months
of the date of enactment of this title, submit a report to the
PUBLIC LAW 102-567— OCT. 29, 1992
106 STAT. 4297
Administrator and the Under Secretary listing areas suitable
for intensive monitoring.
“(D) The Administrator and the Under Secretary, in
conjunction with other Federal, State, and local authorities,
h£dl develop and implement multi-year programs of intensive
monitoring for Massachusetts and Cape Cod Bays, the Gulf
of Maine, the Chesapeake Bay, the Hudson-Raritan Estuary,
and each area jointly designated by the Administrator and
the Under Secretary pursuant to paragraph (2).
“(4) Intensive coastal water quality monitoring pro¬
grams. — Each intensive coastal water quality monitoring pro¬
gram developed pursuant to this subsection shall —
“(A) identify water quality conditions and problems
and provide information to assist in improving coastal
water quality;
“(B) clearly state the goals and objectives of the mon¬
itoring program and their relationship to the water quality
objectives mr coastal waters covered by the program;
“(C) identify the water quality and biological param¬
eters of the monitoring program and their relationship
to these goals and objectives;
“(D) describe the types of monitoring networks, surveys
and other activities to be used to achieve these goals and
objectives, using where appropriate the guidelines issued
under subsection (c);
“(E) survey existing Federal, State, and local coastal
monitoring activities and private compliance monitoring
activities m or on the coastal waters covered by the pro¬
gram, describe the relationship of the program to those
other monitoring activities, ana integrate them, as appro¬
priate, into the intensive monitoring program;
“(F) describe the data management and quality control
components of the program;
“(G) specify the implementation requirements for the
program, including —
“(i) the lead Federal, State, or regional authority
that will administer the program;
“(ii) the public and private parties that will imple¬
ment the program;
“(iii) a detailed schedule for program implementa¬
tion;
“(iv) all Federal and State responsibilities for
implementing the pro^am; and
“(v) the changes m Federal, State, and local mon¬
itoring programs necessary to implement the program;
“(H) estimate the costs to Federal and State govern¬
ments, and other participants, of implementing the mon¬
itoring program; and
“(1) describe the methods to assess periodically the
success of the monitoring program in meeting its goals
and objectives, and the manner in which the program may
be mooified from time-to-time.
“(6) Criteria for monitoring Massachusetts and cape
30D BAYS. — In addition to the criteria listed in paragraph (4),
he intensive monitoring pro^am for Massachusetts ana Cape
[Jod Bays shall establish baseline data on environmental
phenomena (such as quantity of bacteria and quality of indige-
Massachusetts.
Maine.
106 STAT. 4298
PUBLIC LAW 102-567— OCT. 29, 1992
Federal
Register,
publication.
nous species, and swimmability) and determine the ecological
impacts resulting from major point source discharges.
“(6) Memorandum of understanding.— Prior to
implementing any intensive coastal water quality monitoring
program imder this subsection, the Administrator and the
Under Secretary shall enter into a Memorandum of
Understanding to implement the intensive coastal water quality
monitoring programs and may extend the memorandum of
Understanding to include other appropriate Federal agencies.
The Memorandum of Understanding shall identify the monitor¬
ing and reporting responsibilities of each agency and shall
encourage the coordination of monitoring activities.
“(7) Implementation.— (A) The Administrator, the Under
Secretary, and the Governor of each State having waters subject
to an intensive coastal water quality monitoring program devel¬
oped pursuant to this subsection shall ensure compliance with
that program.
“(B) The Administrator and the Under Secretary are
authorized to enter into cooperative agreements to provide
financial assistance to non-Federal agencies and institu¬
tions to support implementation of intensive monitoring
programs under this subsection. Federal financial assist¬
ance may only be provided on the condition that not less
than fifty percent of the costs of the monitoring to be
conducted by a non-Federal agency or institution is pro¬
vided from non-Federal funds.
“(e) Comprehensive Implementation Strategy.—
“(1) In general. — ^Within 1 year after the date of enact¬
ment of this title, the Administrator and the Under Secretary
shall jointly submit to Congress a Comprehensive Implementa¬
tion Strategy identif3dng the current and planned activities
to implement the Comprehensive Coastal Monitoring Program
pursuant to this section.
“(2) Consultation. — The Administrator and the Under
Secretary shall consult with the National Academy of Sciences,
the Director of the United States Fish and Wildlife Service,
the Director of the Minerals Management Service, the Com¬
mandant of the Coast Guard, the Secretary of the Navy, the
Secretary of Agriculture, the heads of any other relevant Fed¬
eral or regional agencies, and the Governors of coastal States
in developing the Strategy.
“(3) Public comment.— Not less than 3 months before
submitting the Strategy to Congress, the Administrator and
the Under Secretary shall jointly publish a draft version of
the Strategy in the Federal Register and shall solicit public
comments regarding the Strategy.
“(4) Memorandum of Understanding.— Within 1 year
after submission of the Strategy under paragraph (1), the
Administrator and the Under Secretary shall enter into a
Memorandum of Understanding with appropriate Federal agen¬
cies necessary to effect the coordination of Federal coastal mon¬
itoring programs. The Memorandum of Understanding shall
identify the monitoring and reporting responsibilities of each
agenpy and shall encourage the coordination of monitoring
activities where possible.
PUBLIC LAW 102-567— OCT. 29, 1992
106 STAT. 4299
604. REPORT TO CONGRESS.
On September 30 of each other year bemnni^ in 1993, the
inistrator and the Under Secretary shall jointly submit to
Committee on Commerce, Science, and Transportation and the
mittee on Environment and Public Works of the Senate and
committee on Merchant Marine and Fisheries and the Commit-
n Public Works and Transportation of the House of Representa-
a report describing the condition of the Nation’s coastal
rstems, including the following:
"(1) an assessment of the status and health of the Nation’s
:oast^ ecosystems;
"(2) an evaluation of environmental trends in coastal
ecosystems;
"(3) identification of sources of enironmental degradation
iffecting coastal ecosystems;
"(4) an assessment of the extent to which floatables degrade
eoastal ecosystems, including trends in the acciunulation of
loatables and the threat posed by floatables to aquatic life;
"(5) an assessment of the impact of government programs
lesigned to abate the degradation of coastal ecosystems:
"(6) an evaluation of the adequacy of monitoring programs
md identification of any additional program elements which
nay be needed; and
"(7) a summary of monitoring results in areas monitored
mder subsection 503(d).
. 505. AUTHORIZATION OF APPROPRIATIONS.
‘(a) NOAA Authorization. — For development and implementa-
of programs under this title, including financial assistance
n-Federal agencies and institutions to support implementation
tensive monitoring programs under section 503(d), there is
[irized to be appropriated to the Under Secretary amounts
o exceed $5,000,000 for fiscal year 1993, $8,000,000 for fiscal
1994, $10,000,000 for fiscal year 1995, and $12,000,000 for
i year 1996.
‘(b) EPA Authorization. — ^For development and implementa-
of programs under this title, including financial assistance
n-Federal agencies and institutions to support implementation
tensive monitoring programs under section 503(d), there is
Diized to be apprcmriated to the Administrator amounts not
cceed $5,000,000 for fiscal year 1993, $8,000,000 for fiscal
1994, and $10,000,000 for fiscal yesur 1995, and $12,000,000
seal year 1996.”.
TITLE VI— NOAA FLEET MODERNIZATION
BOl. SHORT TITLE.
Phis title may be cited as the **NOAA Fleet Modernization
B02. DEFINITIONS.
[n this title, the term —
(1) “NC)AA” means the National Oceanic and Atmospheric
Administration within the Department of Commerce.
(2) “NOAA fleet” means me fleet of research vessels owned
ir operated by NOAA
33 use 2804.
33 use 2805.
NOAA Fleet
Modernization
Act.
33 use 851
Note.
33 use 891.
106 STAT, 4300
PUBLIC LAW 102-567— OCT. 29, 1992
33 use 891a.
33 use 891b.
33 use 891c.
Reports.
(3) Tlan” means the NOAA Fleet Replacement and Mod¬
ernization Plan described in section 604.
(4) “Secrets^ means the Secretary of Commerce.
(5) “UNOLS” means University-National Oceanographic
Laboratory System.
SEC. 608. FLEET BEPLACEMENT AND MODERNIZATION PROGRAM.
The Secretary is authorized to implement, subject to the
requirements of this Act, a 15-year program to replace and modern¬
ize the NOAA fleet.
SEC. 604. FLEET REPLACEMENT AND MODERNIZATION PLAN.
(a) In General. — ^To carry out the program authorized in sec¬
tion 603, the Secretary shall develop and submit to Congress a
replacement and modernization Plan for the NOAA fleet covering
the years authorized under section 610.
(b) Timing. — ^The Plan required in subsection (a) shall be
submitted to Con^ss within 30 days of the date of enactment
of this Act, and updated on an annual basis.
(c) Plan Elements. — ^The Plan required in subsection (a) shall
include the following —
(1) the number of vessels proposed to be modernized or
replac^, the schedule for their modernization or replacement,
and anticipated funding req^ements;
(2) the number of vessels proposed to be constructed, leased,
or chartered;
(3) the number of vessels, or days at sea, that can be
obtained by using the vessels of the UNOLS;
(4) the nun^r of vessels that will be made available to
NOAA by the Secretary of the Navy, or any other federfd
official, and the terms and conditions for their availability;
(5) the proposed acquisition of modem scientific
instrumentation for the NOAA fleet, including acoustic systems,
data transmission positioning and communication systems,
physical, chemical, and meteorological oceanographic systems,
and data acquisition and processing systems; and
(6) the appropriate role of the NOAA Corps in operating
and maintaining the NOAA fleet.
(d) Contracting Limitation. — ^The Secretary may not enter
into any contract for the constmetion, lease, or service life extension
of a vessel of the NOAA fleet before the date of the submission
to Congress of the Plan required in subsection (a).
SEC. 60S. DESIGN OF NOAA VESSELS.
(a) Design Requirement. — Except for the vessel designs identi¬
fied under subsection (b), the Secretary, working through the Office
of the NOAA Corps Operations and the Systems Procurement Office,
shall —
(1) prepare requirements for each class of vessel to be
constructed or converted under the Plan; and
(2) contract competitively from nongovernmental entities
with expertise in shipbuilding for vessel design and constmetion
based on the requirements for each class of vessel to be
acquired.
(b) Exception.— The Secretiury shall —
(1) report to Con^ss identifying any existing vessel design
or design proposal mat meets the requirement of the Plan
within 30 da;^ after the date of enactment of this Act and
PUBLIC LAW 102-567— OCT. 29, 1992
106 STAT. 4301
shall promptly advise the Congress of any modification of these
designs; and
(2) submit to Congress as part of the annual update of
the Plan required in section 604, any subsequent existing vessel
design or design proposals that meet the requirements of the
Plan.
. 606. CONTRACT AUTHORITY.
(a) Multiyear Contracts.—
(1) In general. — Subject to paragraphs (2) and (3), and
notwiUistanding section 1341 of title 31, United States Code
and section 3732 of the Revised Statutes of the United States
(41 U.S.C. 11), the Secretary may acquire vessels for the NOAA
fleet by purchase, lease, lease-purchase, or otherwise, under
one or more multiyear contracts.
(2) Required findings. — ^The Secretary may not enter into
a contract pursuant to this subsection i^ess the Secretary
finds with respect to that contract that —
(A) there is a reasonable expectation that throughout
the contemplated contract period the Secretary will request
from Congress funding for the contract at the level required
to avoid contract termination; and
(B) the use of the contract will promote the best
interests of the United States by encouraging competition
and promoting economic efficiency in the operation of the
NOAA fleet.
(3) Required contract provisions.— The Secretary may
not enter into a contract pursuant to this subsection imless
the contract includes —
(A) a provision under which the obligation of the United
States to make parents under the contract for any fiscal
year is subject to the availability of appropriations provided
in advance for those pa3nnents;
(B) a provision that specifres the term of effectiveness
of the contract; and
(C) appropriate provisions under which, in case of any
termination of the contract before the end of the term
specified pursuant to subparagraph (B), the United States
shall only be liable for the lesser of—
6) an amount specified in the contract for such
a termination; or
(ii) amounts that —
(I) were appropriated before the date of the
termination for the performance of the contract
or for procurement of the type of acquisition cov¬
ered by the contract; and
(II) are unobligated on the date of the termi¬
nation.
(b) Service Contracts. — ^Notwithstanding any other provision
iw, the Secretary may enter into multiyear contracts for oceano-
)hic research, fisheries research, and making and charting
ices to assist the Secretary in frilfllling N()AA missions. The
retary may only enter into these contracts if—
(1) the Secretary finds that it is in the public interest
to do so;
(2) the contract is for not more than 7 years; and
33 use 891(1.
06 STAT. 4302
PUBLIC LAW 102-567— OCT. 29, 1992
J3 use 891e.
(3XA) the cost of the contract is less than the cost (including
the cost of operation, maintenance, and personnel) to the NOM
of obtaining those services on NOAA vessels; or
(B) NOAA vessels are not available or cannot provide those
services.
(c) Bonding Authority. — Notwithstanding any other law, the
Secretary may not require a contractor for the construction, alter¬
ation, repair or maintenance of a NOAA vessel to provide a bid
bond, payment bond, performance bond, completion bond, or other
surety instrument in an amount greater than 20 percent of the
value of the base contract quantity (excluding options) unless t^
Secretary determines that r^uiring an instrument in that amount
will not prevent a responsible bidder or offeror from competing
for the award of the contract.
SEC. 607. RESTRICTION WITH RESPECT TO CERTAIN SHIPYARD SUB¬
SIDIES.
(a) In General. — ^The Secretary of Commerce may not award
a contract for the construction, repe^ (except emergenpy repairs),
or alteration of any vessel of the Nationsd Oceanic and Atoospheric
Administration in a shipyard, if that vessel benefits or would Mnefit
firom signi^cant subsidies for the construction, repair, or alteration
of vessds in that shipyard.
(b) Definition. — In this section, the term ^‘significant subsidy"
includes, but is not limited to, any of the following:
(1) Officially support^ export credits.
(2) Direct official operating support to the commercial ship¬
building and repair industi^, or to a related entity that favors
the operation of shipbuildmg and repair, including but not
limiteiato—
(A) mants;
(B) loans and loan guarantees other than those avail¬
able on the commercial market;
(C) forgiveness of debt;
(D) equity infrisions on terms inconsistent with
commercially reasonable investment practices; and
(E) preferential provision of goods and services.
(3) Direct official support for investment in the conunercial
shipbuUding and repair mdustry, or to a related entity that
favors the operation of shipbuil&g and repair, includi^ but
not limited to the kinds oi support listed in paragraph r2XA)
through (E), and any restructunng support, except public sup¬
port for social purposes directly and effectively linked to ship¬
yard closures.
(4) Assistance in the form of grants, preferential loans,
preferential tax treatment, or otherwise, that benefits or is
directly related to shipbuilding and repair for purposes of
research and development that is not equally open to domestic
and fore^ enterprises.
(5) Tax policies and practices that favor the shipbuilding
and repair industiy, directly or indirectly, such as tax credits,
deductions, exemptions, and preferences, including accelerated
depreciation, if such benefits are not ^^nerally available to
persons or films not engaged in shipbmldmg or repair.
(6) Any official relation or practice that authorizes or
encourages persons or forms engaged in shipbuilding or repair
to enter into anticompetitive arrangements.
PUBLIC LAW 102-567 — OCT. 29, 1992 106 STAT. 4303
(7) Anv indirect support directly related, in law or in fact
hipbuilding and repair at national yards, including any
1C assistance favoring shipowners with an indirect effect
hipbuilding or repair activities, and any assistance provided
ippliers of significant inputs to shipbuilding, which residts
mefits to domestic shipbuilders.
(8) Any export subsidy identified in the Illustrative List
Sxport Subsidies in the Annex to the Agreement on
rpretation and Application of Articles VI, XVI, and XXIII
le General Agreement on Tariffs and Trade or any other
»rt subsidy that may be prohibited as a result of the Uru-
r Round of trade negotiations.
USE OF VESSELS. 33 USC 891f.
V'essel Agreements. — In implementing the NOAA fleet
lent and modernization program, the Secretary shall use
ipacity of UNOLS vessels where appropriate and may enter
oranda of agreement with the operators of these vessels
9ut this requirement.
EIeport to Congress. — ^Within one year after the date
ment of this Act, tiie Conmtroller General of the United
hall provide a report to Congress, in consultation with
3tary, comparing the cost-efficiency, accounting, and operat-
tices of the vessels of NOAA, UNOLS, other Federal agen-
l the United States private sector in meeting the missions
INTEROPERABILITY. 33 USC 891g.
Secretary shall consult with the Oceanographer of the
garding appropriate measures that should be t^en, on
LTsable oasis, to ensure that NOAA vessels are interoperable
sels of the Department of the Navy, including with respect
ion, maintenance, and repair of those vessels.
AUTHORIZATION OF APPROPRIATIONS. 33 USC 891h.
[n General. — ^There are authorized to be appropriated to
3taiy for carrying out this title —
(1) 850,000,000 for fiscal year 1993;
(2) $100,000,000 for fiscal year 1994; and
(3) such sums as are necessary for each of the fiscal years
), 1996, and 1997.
Limitation on Fleet Modernization Activities.— All
. Oceanic and Atmospheric Administration fleet modemiza-
ibuilding, and conversion shall be conducted in accordance
I title.
UE Vn— WEATHER SERVICE MODERNIZATION
SHORT TITLE.
I title may be cited as the “Weather Service Modernization
Weather Service
Modernization
Ac1«
15 use 313 note.
DEFINITIONS.
the purposes of this title, the term —
(1) “automate” means to replace employees with automated
her service equipment;
(2) “change operations at a field office” means transfer
ice responsibility, commission weather observation systems,
106 STAT. 4304
PUBLIC LAW 102-567— (3CT. 29, 1992
decommission a National Weather Service radar, change staff¬
ing levels sii^iificantly, or move a field office to a new location
inside the lo^ commuting and service area;
(3) ‘"Committee” means the Modernization Transition
Committee established by section 707;
(4) “degradation of service” means any decrease in or failure
to tnftinfaiin the quality and typ^ of weather services provided
by the National Weamer Service to the public in a service
area, including but not limited to a reduction in existing
weamer radar coverage at an elevation of 10,000 feet;
(5) “field office” means any National Weather Service Office
or National Weather Service Forecast Office;
(6) “jPlan” means the National Implementation Plan
required under section 703;
(7) “relocate” means to transfer from one location to another
location that is outside the local commuting or service area;
(8) “Secretary” means the Secretary of Commerce;
(9) “service area” means the geographical area for which
a field office provides services or conducts observations, includ¬
ing but not Imiited to local forecasts, severe weather warnings,
station support, radar coverage, and ground weather observa¬
tions; and
(10) “Strate^c Plan” means the 10-year strategic plan for
the comprehensive modernization of the National Weather
Service, required under section 407 of the National Aeronautics
and Space Administration Authorization Act, Fiscal Year 1989
(15U.S.C.313note).
SEC. 703. NATIONAL IMPLEMENTATION PLAN.
(a) National Implementation Plan.— As part of the budget
justification documents submitted to Congress in support of me
annual budget request for the Department of Commerce, the Sec¬
retary shall include a National Implementation Plan for moderniza¬
tion of the National Weather Service for each fiscal year following
fiscal year 1993 until such modernization is complete. The Plan
shall set forth the actions, during the 2-year period bemnning
with the fiscal year for wbuch the budget request is made, that
will be necessary to accomplish the objectives described in the
Strategic Plan, and shall include —
(1) detailed requirements for new technologies, facilities,
staffing levels and positions, and fimding, in accordance with
the overall schedule for modernization;
(2) notification of any proposed action to change operations
at a field office and the intended date of such operational
change;
(3) identification of any field office that the Secretary
intends to certify under section 706, including the intended
date of such certification;
(4) special measures to test, evaluate, and demonstrate
key elements of the modernized National Weather Service oper¬
ations prior to national implementation, including a
multistation operational demonstration which tests the
performance of the modernization in an integrated manner
for a sustained period;
^ (5) detailea plans and funding requirements for meteoro¬
logical research to be accomplishment imder this title to assure
that new techniques in forecasting will be developed to utilize
PUBLIC LAW 102-567~OCT. 29, 1992 106
the new technologies being implemented in the modernization;
and
(6) training and education programs to ensure that employ¬
ees gain the necessary expertise to utilize the new technologies
and to minimize employee displacement as a consequence of
modernization.
(b) Transmittal to Committee. — ^The Secretary shall transmit
x)py of each annual Plan to the Committee.
(c) Consultation. — ^In developi^ the Plan, the Secretary shall
nsult, as appropriate, with the Committee and public entities
sponsible for providing or utilizing weather services.
IC. 704. MODERNIZATION CRITERIA.
(a) National Research Council Review.— The Secretary shall
ntract with the National Research Council for a review of the
ientific and technical modernization criteria by which the Sec¬
tary proposes to certify action to close, consolidate, automate,
relocate a field office under section 706. In conducting such
new, the National Research Council shall prepare and submit
the Secretary, no later than 9 months after the date of enactment
this Act, a report which—
(1) assesses requirements and procedures for commission¬
ing new weather observation systems, decommissioning an out¬
dated National Weather Service radar, and evaluating staffing
needs for field offices in an affected service area:
(2) assesses the statistical and anal3rticai measures that
should be made for a service area to form an adequate basis
for determining that there will be no degradation of service;
and
(3) includes such other recommendations as the National
Resea]^ Council determines are appropriate to ensure public
safety.
(b) Criteria. — ^No later than 12 months after the date of enact-
mt of this Act, the Secretary, in consultation with the National
isearch Council and the Committee and after notice and oppor-
nity for public comment, shall publish in the Federal Register
klemization criteria (including all requirements and procedures),
sed on the report required un<fer this section, for —
(1) commissioning new weather observation systems,
decommissioning an outdated National Weather Service radar,
and evaluating staffing needs for field offices in an affected
service area; and
(2) certii^g action to close, consolidate, automate, or
relocate a field office under section 706.
IC. 705. CHANGES IN FIELD OFTICE OPERATIONS.
(a) Notification. — The Secretary shall not change operations
a field office pursuant to implementation of the ^ratemc Plan
less the Secretary has provided the notification required by sec-
m 703.
(b) Weather Radar Decommissioning.— The Secretary shall
t remove or permanently decommission any National Weather
rvice radar until the Secretary has prepared radar commissioning
id decommissioning reports documenting that such action would
consistent with the modernization criteria established under
ction 704(bXl)> The commissioning report shall document that
radar svstem performs reliably, satimactory maintenance sup-
rt is in place, sufficient staff with adequate training are present
STAT. 4305
Reports.
Federal
Register,
publication.
Reports.
106 STAT. 4306
PUBLIC LAW 102-567— OCT. 29, 1992
Federal
Register,
publication.
Federal
Register,
publication.
to operate the system, technical coordination with weather service
users has been completed, and the radar being commissioned satis¬
factorily supports field office operations. The decommissioning
report shall document that the replacement radar has been commis¬
sioned, tedmical coordination with service users has been com¬
pleted, and the radar being decommissioned is no longer needed
to support field office operations.
(c) Surface Observing System Commissioning.— The Sec¬
retary may not commission an automated surface observing system
located at an airport imless it is determined, in consultation with
the Secretary of Transportation, that the weather services provided
a^r commissioning will continue to be in full compliance with
applicable flight aviation rules promulgated by the Federal Aviation
Administration.
SEC. 706. RESTRUCTURING FIELD OFFICES.
Sec. 706. (a) Prohibition.— The Secretary shall not close,
before January 1, 1996, any field office pursuant to implementation
of the Strategic Plan.
(b) Certification. — ^The Secretary shall not close, consolidate,
automate, or relocate any field office, unless the Secretary has
certified that such action will not result in any degradation of
service. Such certification shall include —
(1) a description of local weather characteristics and
weather-related concerns which affect the weather services pro¬
vided within the service area;
(2) a detailed comparison of the services provided within
the service area and the services to be provided after such
action;
(3) a description of any recent or expected modernization
of National Weather Service operations which will enhance
services in the service area;
(4) an identification of any area within any State which
would not receive coverage (at an elevation of 10,000 feet)
by the next generation weather radar network;
(5) evidence, based upon operational demonstration of mod¬
ernized National Weather Service operations, which was consid¬
ered in reaching the conclusion that no degradation in service
will result from such action; and
(6) any report of the Committee submitted under section
707(c) that evaluates the proposed certification.
(c) Public Review. — ^Each certification decision shall be pre¬
ceded by —
(1) publication in the Federal Register of a proposed certifi¬
cation; and
(2) a 60-day period after such publication during which
the public may provide comments to the Secretary on the
proposed certification.
(d) Final Decision. — If after consideration of the public com¬
ment received under subsection (c) the Secretary, in consultation
with the Committee, decides to close, consolidate, automate, or
relocate any such field office, the Secretary shall publish a final
certification in the Federal Agister and submit the certification
to the Committee on Commerce, Science, and Transportation of
the Senate and the Committee on Science, Space, and Technology
of the House of Representatives.
cate any field office —
(1) which is located at an airport, unless the Secretary,
in consultation with the Secretary of Transportation and the
Committee, first conducts an air safety appraisal, determines
that such action will not result in degradation of service that
affects aircraft safety, and includes such determination in the
certification requirea under subsection (b); or
(2) which is the only office in a State, unless the Secretary
first evaluates the effect on weather services provided to in¬
state users, such as State agencies, civil defense officials, and
local public safety offices, and includes in the certification
required under subsection (b) the Secretary’s determination
that a comparable level of weather services provided to such
in-State users will remain.
(f) Liaison Officer. — ^The Secretary may not close, consolidate,
)mate, or relocate a field office until arrangements have been
le to maintain for a period of at least 2 years at least one
»on in the service area to act as a liaison officer who —
(1) provides timely information regardi^ the activities of
the National Weather Service which may affect service to the
community, including modernization and restructuring; and
(2) works with area weather service users, induing per¬
sons associated with general aviation, civil defense, emergency
preparedness, and the news media, with respect to the provision
of timely weather warnings and forecasts.
. 707. MODERNIZATION TRANSITION COMMITTEE.
(a) Establishment. — ^There is established a committee of 12
abers to be knoivn as the Modernization Transition Committee.
(b) Membership and Terms.— (1) The Committee shall consist
(A) five members representing agencies and departments
of the United States wWch are responsible for providing or
using weather services, including out not limited to the
National Weather Service, the Department of Defense, the Fed¬
eral Aviation Administration, and the Federal Emergency
Management Agency; and
(B) seven members to be appointed by the Secretary from
civil defense and public safety organizations, news media, any
labor organization certified by me Federal Labor Relations
Authority as an exclusive representative of weather service
employees, meteorological experts, and private sector users of
weather information such as pilots and farmers.
(2) The terms of office of a member of the Committee shall
3 years; except that, of the original membership, four shall
^e a 5-year term, four shall serve a 4-year term, and four
11 serve a 3-year term. No individual may serve for more than
additional 3-year term.
(3) The Secretary shall designate a chairman of the Committee
1 among its members.
(c) Duties. — (1) The Committee may review any proposed cer-
ation under section 706 for which the Secretary has provided
otice of intent to certify in the Plan, and should review such
roposed certification if there is a significant possibility of deg-
ition of service within the affected service area. Upon the
rest of the Committee, the Secretary shall make available to
106 STAT. 4308
PUBLIC LAW 102-567— <3CT. 29, 1992
the Committee the supporting documents developed by the Sec¬
retary in connection with the proposed certification. The Committ^
may prepare and submit to the Secretary, prior to publication
of the proposed certification, a report which evaluates the proposed
certification on the basis of the modernization criteria and with
respect to the requirement that there be no degradation of service.
(2) The Committee shall advise the Congress and the Secretary
on —
(A) the implementation of the Strategic Plan, annual devel¬
opment of the Plan, and establishment and implementation
of modernization criteria; and
(B) matters of public safety and the provision of weather
services which relate to the comprehensive modernization of
the National Weather Service.
(d) Pay and Travel Expenses.— Members of the Committee
who are not employees of the United States shall each be paid
at a rate equal to the daily equivalent of the rate for G^18
of the Gener^ Schedule under section 5332 of title 5, United States
Code, for each day (including travel time) during which the member
is engaged in the actual performance of duties vested in the
Committee. Members shall receive travel expenses, including per
diem in lieu of subsistence, as authorized by section 5703 of title
5, United States Code.
(e) Staff. — ^The Secretary shall make available to the Commit¬
tee such stsiiF, information, and assistance as it may reasonably
require to carry out its activities.
(f) Termination. — ^The Committee shall terminate on December
31, 1999.
SEC. 708. WEATHER SERVICE REPORT.
(a) Report. — ^The Secretary shall prepare a report on the pro¬
posed modernization of the National Weather Service and transmit
the report, not later than 6 months after the date of enactment
of this Act, to the Committee on Commerce, Science, and Transpor¬
tation of the Senate and the Committee on Science, Space, and
Technology of the House of Representatives.
(b) Contents.— (1) The report required by subsection (a) shall
identify the size of the geographic area of responsibility of each
proposed Weather Forecast Office and shall include an explanation
of the number and type of personnel required at each Weather
Forecast Office. For each proposed Weather Forecast Office covering
a geographic area greater than two times the average geographic
area of responsibility of Weather Forecast Offices nationwide, the
report shall detail the reasons for assigning those Weather Forecast
Offices a geographic area which differs significantly from the
national average.
(2) The report shall list the number of next generation weather
radars that will be associated with each Weather Forecast Office
nationwide under the proposed modernization plan. If some Weather
Forecast Offices will be associated with more than one such radar,
the report shall explain the deviation from the National Weather
Service’s stated policy of associating one such radar with one
Weather Forecast Office, and shall analyze and compare any dif¬
ferences in the expected efficiency of those Weather Forecast Offices
with Weather Forecast Offices that will be associated with only
one such radar.
PUBLIC LAW 102-567— OCT. 29, 1992 106
(c) Consultation. — In preparing portions of the report that
address Weather Forecast Offices located in areas of the Nation
that are uniquely d^endent on general aviation as a means of
transportation, the Secretary shall consult with local aviation
groups. In the case of Alaska, such local ^oups shall include
5ie Alaska Aviation Safety Foundation, the Alaska Airmen’s
Association, and the regional representatives of the Aircraft Owners
and Pilots Association.
SEC. 70B. REPEALS.
The National Aeronautics and l^ace Administration Authoriza¬
tion Act, Fiscal Year 1989 (15 U.S.C. 313 note), is amended by
repealing —
(1) subsections (b), (c), and (d) of section 407; and
(2) section 408.
TITLE Vin— NORTH PACIFIC ANADROMOUS STOCKS
CONVENTION
SEC. 801. SHORT TITLE.
This title may be cited as the "North Pacific Anadromous Stocks
Act of 1992”.
SEC. 802. PURPOSE.
It is the purpose of this title to implement the Convention
for the Conservation of Anadromous Stocks in the North Pacific
Ocean, signed in Moscow, February 11, 1992.
SEC. 803. DEFINITIONS.
As used in this title, the term —
(1) "Anadromous stocks” means stocks of species listed
in the Annex to the Convention that migrate into the Conven¬
tion area.
(2) "Anadromous fish” means fish of the species listed in
the Annex to the Convention that migrate into the Convention
area.
(3) "Authorized officer” means a law enforcement official
authorized to enforce this title under section 809(a).
(4) "Commission” means the North Pacific Anadromous
Fish Commission provided for by article VIII of the Convention.
(5) "Convention” means the Convention for the Conserva¬
tion of Anadromous Stocks of the North Pacific Ocean, signed
in Moscow, February 11, 1992.
(6) "Convention area” means the waters of the North Pacific
Ocean and its adljacent seas, north of 33 degrees North Latitude,
beyond 200 nautical miles fixim the baselines from which the
breadth of the territorial sea is measured.
(7) "Directed fishing” means fishing targeted at a particular
species or stock of fish.
(8) "Ecologically related species” means living marine spe¬
cies which are associated with anadromous stocks found in
the Convention area, including, but not restricted to, both
predators and prey of anadromous fish.
(9) "Enforcement officer” means a law enforcement official
authorized by any Party to enforce this title.
(10) "Exclusive economic zone” means the zone established
by Proclamation Numbered 5030, dated March 10, 1983. For
purposes of appl5dng this title, the inner boundary of that
STAT. 4309
Alaska.
North Pacific
Anadromous
Stocks Act of
1QQ2
16 use 5001
note.
16 use 5001.
16 use 5002.
06 STAT. 4310
PUBLIC LAW 102-567— OCT. 29, 1992
zone is a line coterminoua with the seaward boundary of each
of the coastal States.
(11) Tish” means finfish, mollusks, crustaceans, and all
other forms of marine animal and plant life other than marine
mammals and birds.
(12) “Fishing” means —
(A) the catching, taking, or harvesting of fish, or any
other activity that can reasonably be expected to result
in the catching, taking, or harvesting of fish; or
(B) any operation at sea in {preparation for or in direct
support of any activity described in subparagraph (A).
(13) “Fishing vessel” means —
(A) any vessel engaged in catching fish within the
Convention area or in processing or transporting fish loaded
in the Convention area;
(B) any vessel outfitted to engage in any activity
descril^ in subparanaph (A);
(C) any vessel described in subparagraph (A) or (B).
(14) “Incidental taking” means catching, taking, or harvest¬
ing a species or stock of fish while conducting directed fishing
for anomer species or stock of fish.
(15) “Party” means Canada, Japan, the Russian Federation,
the United States, and any other nation that may accede to
the Convention.
(16) “Secretary” means the Secretary of State.
(17) “United States Section” means the United States
Commissioners of the Commission.
L6 use 5003. SEC. S04. UNITED STATES COMMISSIONERS.
(a) Commissioners. — The United States shall be represented
on the Conunission by not more than three United States Conunis-
sioners to be appointed by and serve at the pleasure of the Presi¬
dent. Each United States Commissioner shall be appointed for
a term of office not to exceed 4 years, but is eligible for reappoint¬
ment. Of the Commissioners —
(1) one shall be an official of the United States Government;
(2) one shall be a resident of the State of Alaska; ana
(3) one shall be a resident of the State of Washin^n.
An individual is not eligible for appointment under para^aph (2)
or (3) as a Commissioner unless the individual is Imowledgeable
or experienced concerning the anadromous stocks and ecologically
related species of the Norm Pacific Ocean.
(b) Alternate Commissioners.— The Secretary, in consultation
with the Secretary of Commerce, may designate from time to time
Alternate United States Commissioners to the Commission. An
Alternate United States Commissioner may exercise all desimated
powers and duties of a United States Commissioner in the absence
of a duly designated Commissioner for whatever reason. The num¬
ber of such Alternate United States Commissioners that may be
designated for any such meeting shall be limited to the number
of authorized United States Commissioners that will not be present.
(c) United States Section.— The United States Section, in
consultation with the Advisory Panel established in section 805,
shall ident^ and recommend to the Commission research needs
and priorities for anadromous stocks and ecologically related species
subject to the Convention, and oversee the United States research
programs involving such fisheries, stocks, and species.
PUBLIC LAW 102-567— OCT. 29, 1992
106 STAT. 4311
(d) Compensation. — United States Commissioners and Alter-
late United States Commissioners shall receive no com^nsation
or their services as Commissioners and Alternate Commissioners.
lEC. 805. ADVISORY PANEL.
(a) Establishment op Panel.— An Advisory Panel to the
Jnited States Section is established. The Advisory Panel shall
»e composed of the following:
(1) The Commissioner of the Alaska Department of Fish
and Game.
(2) Tlie Director of the Washington Department of
Fisheries.
(3) One representative of the Pacific States Marine Fish¬
eries Commission, designated by the Executive Director of that
commission.
(4) Eleven members (six of whom shall be residents of
the State of Alaska and five of whom shall be residents of
the State of Washington), appointed by the Secretary, in con¬
sultation with the Secretary of Conunerce, from among a slate
of 12 persons nominated by the Governor of Alaska and a
slate of 10 persons nominated by the Governor of Washington.
(b) Qualifications. — Persons anpointed to the Advisory Panel
hall be individuals who are knowledgeable or experienced concem-
iig anadromous stocks and ecologicallv related species. In submit-
ing a slate of nominees pursuant to suosection (aX4), the ^vemors
f Alaska ^d Washington shall seek to represent the broad range
f parties interested in anadromous stocks and ecologically related
pecies, and at a minimum shall include on each slate at least
ne representative of commercial sahnon fishing interests and of
nvironmental interests concerned with protection of living marine
sources.
(c) Limitation on Service. — ^Any person appointed to the
idvisory Panel pursuant to subsection (aX4) shall serve for a term
ot to exceed 4 years, and may not serve more than two consecutive
erms.
(d) Functions. — The Advisoiy Panel shall be invited to all
lonexecutive meetings of the Umted States Section and at such
leetings shall be granted the opportunity to examine and to be
eard on all proposed programs of study and investigation, reports,
nd recommendations of the United States Section.
(e) Compensation and Expenses.— The members of the
Ldviso^ Panel shall receive no compensation or travel expenses
)r their services as such members.
EC. 806. COMMISSION RECOMMENDATIONS.
The Secretary, with the concurrence of the Secretary of Com-
lerce, may accept or reject, on behalf of the United States, rec-
mmendations made by the Commission in accordance with article
X of the Convention.
EC. 807. ADMINISTRATION AND ENFORCEMENT OF CONVENTION.
(a) Responsibilities. — ^The Secretary of Commerce shall be
esponsible for administering provisions of the Convention, this
itle, and regulations issued under this title. The Secreta:y, in
onsultation with the ^cretaiy of Commerce and the Secretary
f Transportation, shall be responsible for coordinating the partici-
ation of the United States in the Commission.
16 use 5004.
16 use 5005.
16 use 5006.
106 STAT. 4312
PUBLIC LAW 102-567— OCT. 29, 1992
Reg^ations.
16 use 5007.
16 use 5008.
(b) Consultation and Cooperation. — ^In carrying out such
functions, liie Secretary of Commerce —
(1) shall, in consultation with the Secretary of Transpor¬
tation and the United States Section, issue such relations
as may be necessary to cai^ out the purposes and ^jectives
of the Convention and this title; and
(2) may, with the concurrence of the Secretary, cooperate
with the authorized officials of the government of any Party.
SEC. 808. COOPERATION WITH OTHER AGENCIES.
(a) In General.— Any agency of the Federal Government is
authorized, upon request of the Commission, to cooperate in the
conduct of scientific and other programs, and to mmish, on a
reimbursable basis, facilities and personnel for the purpose of assist¬
ing the Commission in carrying out its duties imder the Convention.
Such agency may accept reimbursement from the Commission.
(b) Functions of Secretary of Commerce.— In carrying out
the provisions of the Convention and this title, the Secretary of
Commerce may arrange for cooperation with agencies of the United
States, the States, private institutions and organizations, and agen¬
cies of the government of any Party, to conduct scientific and
other programs, and may execute such memoranda as may be
necessary to reflect such agreements.
SEC. 809. ENFORCEMENT PROVISIONS.
(a) Duties of Secretaries of Commerce and Transpor¬
tation. — ^This title shall be enforced by the Secretary of Commerce
and the Secretary of Transportation. Such Secretaries may by agree¬
ment utilize, on a reimbursable basis or otherwise, the personnel,
services, equipment (including aircraft and vessels), ana facilities
of any other Federal agency, including all elements of the Depart¬
ment of Defense, and of any State agenev, in the performance
of such duties. Such Secretaries shall, and the head of any Federal
or State agency that has entered into an agreement with either
such Secretary under the preceding sentence may (if the agreement
so provides), authorize officers to enforce the provisions of the
Convention, this title, and regulations issued imder .this title. Any
such agreement or contract entered into pursuant to this section
shall be effective only to such extent or in such amounts as are
provided in advance in appropriations Acts.
(b) District Court Jurisdiction.— The district courts of the
United States shall have exclusive jurisdiction over any case or
controversy arising under the provisions of this title.
(c) Powers of Enforcement Officers.— Authorized officers
may, shoreward of the outer boundary of the exclusive economic
zone, or during hot pursuit from the zone —
(1) with or without a warrant or other process —
(A) arrest any person, if the officer has reasonable
cause to believe that such person has committed an act
prohibited by section 810;
(B) board, and search or inspect, any fishing vessel
subject to the provisions of the Convention and this title;
(C) seize any fishing vessel (together with its fishing
gear, furniture, appurtenances, stores, and cargo) used or
employed in, or with respect to which it reasonably appears '
that such vessel was used or employed in, the violation ;
of any provision of the Convention, this title, or regulations |
issued imder this title;
(D) seize any fish (wherever found) taken or retained
in violation of any provision referred to in subparagraph
(C);
(E) seize any other evidence related to any violation
of any provision referred to in subparagraph (C);
(2) execute any warrant or other process issued by any
court of competent jurisdiction; and
(3) exercise any other lawhil authority.
(d) Additional Powers. — (1) An authorized officer may in the
Convention area —
(A) board a vessel of any Party that reasonably can be
believed to be engaged in directed fishing for, incidental taking
of, or processing of anadromous fish, and, without warrant
or process, inspect equipment, logs, documents, catch, and other
articles, and question persons, on board the vessel, for the
purpose of canying out the provisions of the Convention, this
title, or any regulation issued under this title; and
(B) If any such vessel or person on board is actually
engaged in operations in violation of any such provision, or
there is reasonable groimd to believe any person or vessel
was obviously so ei^aged before the boarding of such vessel
by the authorized officer, arrest or seize such person or vessel
and further investigate the circumstance if necessary.
If an authorized officer, after boarding and investigation, has
reasonable cause to believe that any such fishing vessel or person
engaged in operations in violation of any provision referred to
in subparagraph (A), the officer shall deliver the vessel or person
as promptly as practicable to the enforcement officers of the appro¬
priate Party, in accordance with the provisions of the Convention.
(2) When requested by the appropriate authorities of a Party,
an authorized officer may be directed to attend as a witness, and
to produce such available records and files or duly certified copies
thereof as may be necessary, for the prosecution by that Party
of any violation of the provisions of the Convention or any law
of that Party relating to the enforcement thereof.
SEC. 810. UNLAWFUL ACTIYITIES.
It is unlawful for any person or fishing vessel subject to the
jurisdiction of the United States —
(1) to fish for any anadromous fish in the Convention
area;
(2) to retain on board any anadromous fish taken inciden¬
tally in a fishery directed at nonanadromous fish in the Conven¬
tion area;
(3) to fail to return immediately to the sea any anadromous
fish taken incidentally in a fishery directed at nonanadromous
fish in the Convention area;
(4) to ship, transport, offer for sale, sell, purchase, import,
export, or have custody, control, or possession of, any anad¬
romous fish taken or retained in violation of the Convention,
this title, or any regulation issued under this title;
(5) to refuse to permit any enforcement officer to board
a fishing vessel subject to such person’s control for pm^ses
of conducting any search or inspection in connection with the
enforcement of the Convention, this title, or any regulation
issued under this title;
16 use 5009.
16 STAT. 4314
PUBLIC LAW 102-567— OCT. 29, 1992
5 use 5010.
(6) to forcibly assaiilt, resist, oppose, impede, intimidate,
or interfere with any enforcement officer in the conduct of
any search or inspection described in paragraph (5);
(7) to resist a lawful arrest or detection for any act prohib¬
ited by this section;
(8) to interfere with, delay, or prevent, by any means,
the apprehension, arrest, or detection of another person, know¬
ing tnat such person has committed any act prohibited by
this section; or
(9) to violate any provision of the Convention, this title,
or any regulation issued imder this title.
SEC. 811. PENALTIES.
(a) Civil Penalties. — (1) Any person who is found by the
Secretory of Commerce, after notice and opportunity for a hearing
in accordance with section 554 of title 5, United States Code,
to have committed an act prohibited by section 810 shall be liable
to the United States for a civil penalty. The amount of the civil
penalty shall not exceed $100,000 for each violation. Each day
of a continuing violation shall constitute a separate offense. The
amoimt of suen civil penalty shall be assessed by the Secretory
of Commerce, or the Secretary’s designee, by written notice. In
determining the amount of such penalty, the Secretory of Commerce
shall take into account the nature, circumstances, extent, and grav¬
ity of the prohibited acts committed and, with respect to the viola¬
tion, the degree of culpability, any history of prior offenses, ability
to pay, and such other matters as justice may require.
(2) Any person against whom a civil penalty is assessed imder
paragrimh (1) may obtain review thereof in the appropriate court
of ffie United States by filing a complaint in suen court within
30 days from the date of such order and by simultaneously serving
a copy of such complaint by certified mail on the Secretary of
Commerce, the Attorney General, and the appropriate United States
Attorney. The Secretary of Commerce shall promptly file in such
court a certified copy of the record upon which such violation
was foimd or such penalty imposed, as provided in section 2112
of title 28, United States Code. The findings and order of the
Secretary of Commerce shall be set aside by such court if they
are not found to be supported by substantial evidence, as provided
in section 706(2) of title 5, United States Code.
(3) If any person fails to pay an assessment of a civil penalty
after it has become a final and unappealable order, or after the
appropriate court has entered final judgment in favor of the Sec¬
retary of Commerce, the matter shall be referred to the Attorney
General, who shall recover the amount assessed in any appropriate
district court of the United States. In such action, the validity
and appropriateness of the final order imposing the civil penalty
shall not be subject to review.
(4) A fishing vessel (including its fishing gear, furniture, appur¬
tenances, stores, and cargo) used in the commission of an act
prohibited by section 810 shall be liable in rem for any civil penalty
assessed for such violation under parajp^raph (1) and may be pro¬
ceeded against in a^ district court or the United States having
jurisdiction thereof. Such penalty shall constitute a maritime lien
on such vessel that may be recovered in an action in rem in
the district court of the United States having jurisdiction over
the vessel.
PUBLIC LAW 102-567— OCT. 29, 1992
106 STAT. 4:
(5) The Secretary of Commerce may compromise, modify, or
remit, with or without conditions, any civil penalty that is subject
to imposition or that has been imposed imder this section.
(6) For the purposes of conducting any hearing under this
section, the Secreta^ of Commerce may issue subpoenas for the
attendance and testimony of witnesses and the production of rel¬
evant papers, books, and documents, and may administer oaths.
Witnesses summoned shall be paid the same fees and mileage
that are paid to witnesses in the courts of the United States.
In case of contempt or refusal to obey a subpoena served upon
any person piursuant to this paragraph, the district court of the
United States for any district in which such person is foimd, resides,
or transacts business, upon application by the United States and
after notice to such person, snail have jurisdiction to issue an
order requiring such person to appear and give testimony before
the Secreta^ of Commerce or to appear and produce documents
before the Secretaiy of Commerce, or both, and any failure to
obey such order of the court may be punished by such court as
a contempt thereof.
(b) Offenses.— (1) A person is guilty of an offense if the person
commits any act prohibited by section 810 (5), (6), (7), or (8).
(2) Any offense described in paragraph (1) is a class A mis¬
demeanor punishable by a fine under title 18, United States code,
or imprisonment for not more than 6 months, or both; except
that if in the commission of any offense the person uses a dangerous
weapon, engages in conduct that causes bodily injury to any enforce¬
ment officer, or places any such officer in fear of imminent bodily
injury, the offense is a felony punishable by a fine under title
18, United States Code, or imprisonment for not more than 10
years, or both.
(c) Forfeiture. — (1) Any fishing vessel (including its fishing
gear, furniture, appurtenances, stores, and cargo) used, and any
fish (or a fair market value thereof) taken or retained, in any
manner, in connection with or as a result of the commission of
any act prohibited by section 810 shall be subject to forfeiture
to the United States. All or part of such vessel may, and all
such fish shall, be forfeited to the United States pursuant to a
civil proceeding under this section.
(2) Any district court of the United States shall have jurisdic¬
tion, upon application of the Attorney Ceneral on behalf of the
United States, to order any forfeiture authorized under paragraph
(1) and any action provided for under paragraph (4).
(3) if a judgment is entered for the United States in a civil
forfeiture proceeding under this section, the Attorney Ceneral may
seize any property or other interest declared forfeited to the United
States, which has not previously been seized pursuant to this title
or for which security has not previously been obtained. The provi¬
sions of the customs laws relating to —
(A) the seizure, forfeiture, and condemnation of property
for violation of the customs law;
(B) the disposition of such property or the proceeds from
the sale thereof; and
(C) the remission or mitigation of any such forfeiture;
shall apply to seiziires and forfeitures incurred, or alleged to have
been incurred, under the provisions of this title, unless such provi¬
sions are inconsistent with the purposes, policy, and provisions
of this title.
106 STAT. 4316
PUBLIC LAW 102-567— OCT. 29, 1992
(4XA) Any ofiKcer authorized to serve any process in rem that
is issued by a court having jurisdiction under section 809(b) shall —
(i) stay the execution of such process; or
(ii) discharge any fish seized pursuant to such process;
upon receipt of a satisfactory bond or other security from anv
person claiming such property. Such bond or other security shall
be conditioned upon such person delivering such property to the
appropriate court upon order thereof, without any impairment of
its viuue, or pa3dng the monetary value of such property pursuant
to an order of suw court. Judjment shall be recoverable on such
bond or other security against both the principal and any sureties
in the event that any condition thereof is breached, as determined
by such court.
(B) Any fish seized pursuant to this title may be sold, subject
to the approved and direction of the appropriate court, for not
less than the fair market value thereof. Tne proceeds of any such
sale shall be deposited with such court pending the disposition
of the matter invmved.
(5) For purposes of this section, it shall be a rebuttable
presumption that sdl fish found on board a fishing vessel and
which 18 seized in connection with an act prohibited by section
816 were taken or retained in violation of the Convention and
this title.
16 use 5011. SEC. 812. FUNDING REQUIREMENTS.
(a) Authorization. — ^There are authorized to be impropriated
from time to time such sums as may be necessary for emrying
out the purposes and provisions of the Convention and this title,
including —
(1) necessary travel expenses of the United States Commis¬
sioners or Alternate Commissioners; and
(2) the United States* share of the joint expenses of the
Commission.
(b) Research. — Such funds as shall be made available to the
Secretary of Commerce for research and related activities shall
be expended to carry out the program of the Commission in accord¬
ance with the recommendations of the United States Section and
to carry out other research and observer programs pursuant to
the Convention.
16 use 5012. SEC. 813. DISPOSITION OF PROPERTY.
The Secreta^ shall dispose of any United States property held
by the International North Pacific Fisheries Comnussion on the
date of its termination in a manner that would further the purposes
of this title.
SEC. 814. REPEAL OF THE NORTH PACIFIC FISHERIES ACT OF 1954.
The Act of August 12, 1954 (16 U.S.C. 1021-1035) is repealed.
TITLE IX— NEW ENGLAND GROUNDFISH
SEC. 901. FISHERY ENFORCEMENT.
Section 311 of the Magnuson Fisheiy Conservation and
Management Act (16 U.S.C. 1861) is amended —
(1) by redesignating subsection (f) as subsection (g); and
(2) by inserting immediately after subsection (e) the follow¬
ing new subsection:
PUBLIC LAW 102-567— OCT. 29, 1992
106 STAT. 4317
“(f) Enforcement of Northeast Multispecies Fishery
[anagement Plan.—
“(1) Enforcement agreements.— Beginning not later than
October 1, 1993, the Secretary shall, if requested by the (^v-
emor of a State represented on the New England Fishery
Management Coimcil, enter into an agreement under subsection
(a), with each of the States represented on such Council, that
authorizes the marine law enforcement agency of such State
to perform duties of the Secretary relating to enforcement of
the Northeast Multispecies Fishery Management Plan.
“(2) Reimbursement. — ^An agreement with a State under
this subsection shall provide, subject to the availability of appro¬
priations, for reimbursement of the State for expenses incurred
in detection and prosecution of violations of any fishery manage¬
ment plan approved by the Secretary.
“(3) Coast guard enforcement working group.—
“(A) Establishment.— The Commander of the First
Coast (luard District shall establish an informal fisheries
enforcement working group to improve the overall compli¬
ance with and effectiveness of the regulations issued under
the Northeast Multispecies Fisherv Management Plan.
“(B) Membership. — ^The working group shall consist
of members selected by the Commander, and shall
include —
“(i) individuals who are representatives of various
fishily ports located in the States represented on the
New England Fisheiy Management Coimcil;
“(ii) captains of fishing vessels that operate in
waters imder the jurisdiction of that Council; and
“(iii) other individuals the Conunander considers
appropriate.
“(C) Non-federal status of working group mem¬
bers. — ^An individual shall not receive any compensation
for, and shall not be considered to be a Federal employee
based on, membership in the working group.
“(D) Meetings. — ^The working group shall meet, at
the call of the Commander, at least 4 times each year.
The meetings shall be held at various midor fishing ports
in States represented on the New England Fishery Manage¬
ment Council, as specified by the Commander.
“(4) Use of fines and penalties.— Amoimts available to
the Sectary imder this Act which are attributable to fines
and penalties imposed for violations of the Northeast
Multispecies Fisheiy Management Plan shall be used by the
Secretary pursuant to this section to enforce that Plan.”.
EC. 902. FISHERIES REINVESTMENT PROGRAM.
(a) Program.— Title III of the Magnuson Fishery Conservation
nd Management Act (16 U.S.C. 1851 et seq.) is amended by adding
t the end the following:
3EC. 314. NORTHWEST ATLANTIC OCEAN FISHERIES REINVESTMENT
PROGRAM.
“(a) Program.— (1) Not later than October 1, 1993, the Sec-
J_ 1 _11 _ A 11* V _ _ A. A _
/
16 use 1863.
L06 STAT. 4318
PUBLIC LAW 102-567— OCT. 29, 1992
Contracts.
Grants.
“(A) promoting development of commercial fisheries and
markets for underutilized species of the northwest Atlantic
OcG&n*
“(B) developii^ alternative fishing opportunities for partici¬
pants in the New Iwigland groundfish fishery;
“(C) providing technical support and assistance to United
States fishermen and fish processors to iiimrove the value-
added processing of imderutuized species ana to make partici¬
pation in fisheries for underutilized species of the northwest
Atlantic Ocean economically viable;
“(D) creating new economic opportunities through the
improved processmg and expanded use of fish waste; and
“(E) helping to restore overfished New England groundfish
stocks through aquaculture or hatchery programs.
“(2) Consultation. — In establishing and implementing the
Northwest Fisheries Reinvestment Program, the Secretary shall
consist with representatives of the commercial fishing industpr,
the seafood processing industry, and the academic community
(including the National Sea Grant Program).
“(3) Activities Under Program. — Subject to the availability
of appropriations, the Secretary shall award contracts, grants and
other financial assistance to United States citizens to cany out
the purposes of subsection (1), under the terms and conditions
provided in section 2(c) of the Act of August 11, 1939 (15 U.S.C.
713c-3(c); commonly referred to as the “Saltonstall-Kennedy Act”),
except that, in making awards under this section for projects involv¬
ing participation in fisheries for underutilized species, the Secretary
shall give tbe highest priority to a person who owns or operates
a fishing vessel permitted under this Act to participate in the
New England groundfish fishery who agrees to surrender that
permit to the Secretary during the duration of the contract, grant
or other assistance.
“(4) Authorization of Appropriations.— There are authorized
to be appropriated $5,000,000 for each of fiscal years 1993 through
1997 to carry out the purposes of this section. For fiscal year
1993 no more than $1,000,000, and for fiscal year 1994 no more
than $2,000,000, of such funds may be provided from monies made
available under section 2(b) of the Act of August 11, 1939 (16
U.S.C. 713c-3(b)).
“(b) Assistance of Other Agencies.— The Secretaiy shall
actively seek the assistance of other Federal agencies in the develop¬
ment of fisheries for underutilized species of the northwest Atlantic
Ocean, including, to the extent permitted by other applicable laws,
assistance from the Secretary of Agriculture in including such
underutilized species as amcultural commodities in the programs
of the Foreign Agricultural Service for which amounts are author¬
ized under the Food, Agriculture, Conservation, and Trade Act
of 1990 (Public Law 101-624; 104 Stat. 3359).
“(c) Management Plans for Underutilized Species.— The
New England Fishery Management Council, in consultation with
other appropriate Coimcils, shall develop fishery management plans
as soon as possible for any imderutilized species of the northwest
Atlantic Ocean that is not covered under such a plan, in order
to prevent overfishing of that species.
“(d) Underutilized Species Defined.— For purposes of this
section, the term ‘underutilized species of the northwest Atlantic
lYIAOnQ Skrwi fial^ r\P Aflonfir*
PUBLIC LAW 102-567— OCT. 29, 1992
106 STAT. 4319
that is identified, by the Director of the Northeast Fisheries Center
of the National Marine Fisheries Service, as an underutilized
species.”.
(b) Conforming Amendment.— The table of contents in the
first section of the Magnuson Fishery Conservation and Manage¬
ment Act is amended by inserting immediately after the item relat¬
ing to section 313 the follovring new item:
"Sec. 314. Northwest Atlantic Oceans Fisheries Reinvestment Program.”.
(c) Amendments to the Saltonstall-Kennedy Act.— Section
2(bXlXA) of the Act of August 11, 1939 (15 U.S.C. 713c-3(bXlXA));
commonly referred to as the "Saltonstall-Kennedy Act”), is
amended —
(1) by striking "and” at the end of clause (i); and
(2) by adding at the end the following new clause:
"(iii) to implement the Northwest Atlantic Ocean Fish¬
eries Reinvestment Program established under section 314
of the Magnuson Fishery Conservation and Management
Act.”.
Approved October 29, 1992.
LEGISLATIVE HISTORY— H.R. 2130 (S. 1405):
HOUSE REPORTS: No. 102-133, Pt. 1 (Comm, on Merchant Marine and Fisheries)
and Pt. 2 (Comm, on Ways and Means).
SENATE REPORTS: No. 102-198 accompan3dng S. 1405 (Comm, on Commerce,
Science and Transportation).
CONGRESSIONAL RECORD:
Vol. 137 (1991): Nov. 20, considered and passed House.
Vol. 138 (1992): Aug. 12, considered and passed Senate, amended, in lieu of
S. 1405.
Oct. 5, House concurred in Senate amendment with an
amendment.
Oct. 7, Senate concurred in House amendment.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 28 (1992):
Oct. 28, Presidential statement.
106 STAT. 4320
PUBLIC LAW 102-568— OCT. 29, 1992
Oct. 29, 1992
[H.R. 5008]
Veterans’
Benefits Act of
1992.
38 use 101 note.
Public Law 102-568
102d Congress
An Act
To amend title 38, United States Code, to reform the formula for payment of
dependency and indemnity compensation to survivors of veterans dying from
service-connected causes, to increase the rate of payments for benefits under
the Montgomery GI bill, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.— This Act may be cited as the “Veterans’
Benefits Act of 1992”.
(b) Table of Contents.— The table of contents of this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. References to title 38, United States Code.
■nTLE I— REFORM OF THE DEPENDENCY AND INDEMNITY COMPENSATION
PROGRAM
Sec. 101. Short title.
Sec. 102. Reform in payment formula.
Sec. 103. Exception to operation of OBRA provision.
Sec. 104. GAO report relating to the provision of benefits to survivors of veterans
and members of the Armed Forces.
TITLE II— UFE INSURANCE PROGRAMS
Sec. 201. Servicemen’s Group Life Insurance.
Sec. 202. Veterans’ Group Life Insurance.
Sec. 203. Supplemental i^rvice Disabled Veterans’ insurance for totally disabled
veterans.
Sec. 204. Increase in amount of veterans’ mortgage life insurance.
Sec. 205. Effective date.
TITLE III— EDUCATIONAL ASSISTANCE PROGRAMS
Sec. 301. Increase in amount of Montgomery GI Bill basic educational assistance.
Sec. 302. Montgomery GI Bill entitlement dates.
Sec. 303. Extension of period for completing requirements for secondary school di¬
ploma.
Sec. 304. Treatment of certain active-duty service toward eligibility for educational
assistance.
Sec. 305. Treatment of certain assignments of individuals for purposes of eligibility
under Monteomeiy GI Bill program.
Sec. 306. Treatment oipursuit of education at service academies and certain edu¬
cational institutions for purposes of eligibility under Montgomery GI Bill
program.
Sec. 307. Educational assistance for certain persons whose initial period of obli¬
gated service was less than three years.
Sec. 308. Death benefit.
Sec. 309. Clarification of opportunity to withdraw election not to enroll in Mont¬
gomery GI Bill program.
Sec. 310. Use of educational assistance for solo flight training.
Sec. 311. Limitation on amount of advance payment of work-study allowance.
Sec. 312. Revision of reouirements relating to approval of accredited courses.
Sec. 313. Disapproval or nonaccredited indepenaent study.
Sec. 314. Treatment of advance payments oi certain assistance to veterans who die.
Sec. 315. Bar of assistance for persons whose education is paid for as Federal em¬
ployee training.
Sec. 316. Revision in measurement of courses.
PUBLIC LAW 102-568— OCT. 29, 1992
106 STAT. 4321
317. Clarification of permitted changes in programs of education.
318. Authority of members of Selected Reserve to receive tutorial wAAint^nce
319. Requirement of attendance certification in apprenticeship program imder
the Montgomeiy GI Bill Selected Reserve program.
320. Tedinical amendiments.
riTLE IV— VOCATIONAL REHABIUTATION AND PENSION PROGRAMS
401. Permanent authority for program of vocational rehabilitation for certain
service-disabled veterans.
402. Extension of program of vocational training for certain pension recipients.
403. Permanent authority for protection of health-care eligibility for certain
pension recipients.
404. Vocational renabilitation for certain service-disabled veterans with seri¬
ous emi>loyment handicaps.
405. Increase in subsistence allowance for veterans participating in a rehabili¬
tation program.
'LE V— JOB COUNSELING, TRAINING, AND PLACEMENT SERVICES FOR
VETERANS
501. Improvement of disabled veterans’ outreach program.
502. Repeal of delimiting date relating to treatment of veterans of the Vietnam
Era for disabled veterans’ outreach program purposes.
503. Disabled veterans’ outreach pro^am priorities.
504. Repeal of requirement that to he represented on adviso^ committee on
veterans employment and training a veterans organization must have a
Federal charter.
505. Emansion and extension of veterans readjustment appointments with the
Federal Government.
506. Redesignation of sections of chapter 43.
TITLE VI— OTHER VETERANS’ PROGRAMS
601. Extension of limitation on pension for veterans receiving medicaid-cov¬
ered nursing home care; applicability to surviving spouses; and facility
expenses.
602. Extension of authority to cany out income verification.
603. Access to information necessaiy for the administration of certain veterans
benefits laws.
604. Extension of expiring cost-recoveiy authority.
605. Exclusion for low-income veterans from medication copayment require¬
ment.
606. Extension of copayment programs.
!. 2. REFERENCES TO TITLE 38, UNITED STATES CODE.
Except as otherwise expressly provided, whenever in this Act
amendment or repeal is expressed in terms of an amendment
>r repeal of a section or other provision, the reference shall
considered to be made to a section or other provision of title
nited States Code.
TLE I— REFORM OF THE DEPEND¬
ENCY AND INDEMNITY COMPENSA-
nON PROGRAM
L 101. SHORT TITLE.
This title may be cited as the “Dependency and Indemnity
opensation Reform Act of 1992”.
L 102. REFORM IN PAYMENT FORMULA.
(a) Surviving Spouse Basic Rate. — Subsection (a) of section
1 is amended by striking out the matter preceding the table
inserting in lieu thereof the following:
“(aXl) Dependency and indemnity compensation shall be paid
surviving spouse at the monthly rate of $760.
Dependency and
Indemnity
Compensation
Reform Act of
1992.
38 use 101 note.
106 STAT, 4322
PUBLIC LAW 102-568— OCT. 29, 1992
38 use 1311
note.
38 use 1311
note.
38 use 103 note.
38 use 1310
note.
"(2) The rate under paragraph (1) shall be increased by $165
in the case of the death of a veteran who at the time of death
was in receipt of or was entitled to receive (or but for the receipt
of retired pay or retirement pay was entitled to receive) compensa¬
tion for a service-connected disability that was rated totally dis¬
abling for a continuous period of at least eight years immemately
preceding death. In determming the period of a veteran’s disability
for purposes of the preceding sentence, only periods in which the
veteran was married to the surviving spouse shall be considered.
“(3) In the case of dependency ana indemnity compensation
paid to a surviving spouse that is predicated on the death of
a veteran before January 1, 1993, the monthly rate of such com¬
pensation shall be the amoimt based on the pay grade of such
veteran, as set forth in the following table, if the amount is greater
than teie total amoimt determined with respect to that veteran
under paragraphs (1) and (2):”.
(b) Additional Rate for Surviving Spouse With Minor Chil¬
dren.— Subsection (b) of such section is amended by striking out
“$71 for each such child” and inserting in lieu thereof “$100 for
each such child during fiscal year 1993, $150 for each such child
during fiscal year 1994, and $200 for each such child thereafter^.
(c) Effective Date. — ^The amendments made by this section
shall take effect on January 1, 1993.
(d) Payment for Implementation of Revisions.— The costs
of implementing, during fiscal years 1993 and 1994, any revisions
in the payment of dependency and indemnity compensation to
surviving spouses under section 1311 of title 38, United States
Code, that result from the amendments made by subsections (a)
and (b) shall be paid from amounts available to the Department
of Veterans Affairs for the payment of compensation and pension.
SEC. 103. EXCEPTION TO OPERATION OF OBRA PROVISION.
(a) Exception. — The amendments made by section 8004 of
the Omnibus Budget Reconciliation Act of 1990 (105 Stat. 424)
shall not apply to any case in which a legal proceeding to terminate
an existing marital relationship was commenced l^fore Novem¬
ber 1, 1990, by an individual described in subsection (b) if that
proceeding directly resulted in the termination of such marriage.
(b) Covered individuals. — ^An individual referred to in sed)-
section (a) is an individual who, but for the marital relationship
referred to in subsection (a), would be considered to be the surviving
spouse of a veteran.
SEC. 104. GAO REPORT RELATING TO THE PROVISION OF BENEFITS
TO SURVIVORS OF VETERANS AND MEMBERS OF THE
ARMED FORCES.
(a) In General. — ^The Comptroller General of the United States
shall submit to the Conunittees on Veterems’ Affairs of the Senate
and House of Representatives a report with respect to the most
appropriate combmation of financial, health-care, educational, and
other survivor benefits to meet the needs of survivors of veterans.
(b) Contents of Report.— The report shall include the
following:
(1) A review and compilation of data on current and pro¬
posed survivor benefits programs that will permit an assess¬
ment of the adequacy of such benefits programs, including
information on —
PUBLIC LAW 102-568— OCT. 29, 1992
106 STAT. 432
(A) in the case of each current and proposed alternative
survivor benefits program —
(i) each benefit provided;
(ii) the survivors entitled to the benefit;
(iii) the extent to which survivors are entitled to
similar benefits under the program; and
(iv) die costs of providing such benefits under the
program;
(B) the extent to which current and anticipated benefits
under current survivor benefits programs meet the current
and anticipated financial, health-care, educational, and
other needs of survivors; and
(C) the differences, if any, in the survivor benefits
provided under current and proposed survivor benefits pro¬
grams to survivors of various categories of veterans and
members of the Armed Forces (including survivors of veter¬
ans having service-connected disabilities, veterans without
such disabilities, members of the Armed Forces who die
during service in the Armed Forces, members of the Armed
Forces retired under any provision of law other than chap¬
ter 61 of title 10, United States Code, and members of
the Armed Forces retired under chapter 61 of title 10,
United States Code (relating to retirement or separation
for physical disability)).
(2) A review and compilation of existing studies on the
adequacy of survivor benefits provided under current and pro¬
posed survivor benefits programs to meet the financial, health¬
care, educational, and other needs of survivors.
(3) A comprehensive assessment and evaluation of the
adequacy of current and proposed survivor benefits programs,
including data and methods for an assessment and evaluation
of—
(A) the feasibility and desirability of limiting the period
of entitlement of survivors to survivor benefits;
(B) the feasibility and desirability of modifying the
provision of monetary benefits to survivors by —
(i) revising the term of payment of any such
benefits;
(ii) replacing the periodic payment of such benefits
with a lump sum payment;
(iii) providing such benefits through insurance or
other premium-based pa3anent mechanisms; or
(iv) carrying out any other revision or modification
proposed before the date of the enactment of this Act
by the Secretaiy of Veterans Affairs, the Secretary
of Defense, the Secretary of Health and Human Serv¬
ices, or organizations recognized by the Secretary of
Veterans Affairs under section 5902(a)(1) of title 38,
United States Code;
(C) the feasibility and desirability of modifying the
provision of health-care benefits to survivors;
(D) the feasibility and desirability of modifying the
provision of benefits to children survivors; and
(E) the feasibility and desirability of consolidating,
expanding, or otherwise modifying any program relating
to the provision of survivor benefits.
)6 STAT. 4324
PUBLIC LAW 102-568— OCT. 29, 1992
(4) The recommendations of the Comptroller General
(including a proposal for legislation) on the most appropriate
combination of survivor benefits to meet the current and antici¬
pated financial, health-care, educational, and otiier nee^ of
survivors.
(c) Submission of Report. — ^The Comptroller General shall
submit the report not later than April 1, 1994.
(d) Definitions. — ^In this section:
(1) The term "survivor*, in the case of a veteran or member
of the Amed Forces who dies, means the surviving spouse
or surviving dependent child of the veteran or member.
(2) The term "survivor benefit* means any monetary,
health-care, educational, or other benefit paid, payable, or
o^erwise provided to survivors of veterans and survivors of
members of the Armed Forces under the following:
(A) Laws administered by the Secreti^ of Veterans
Affairs.
(B) Laws administered by the Secretary of Defense.
(C) The Social Security Act (42 U.S.C. 301 et seq.).
(3) The term "veteran* has the meaning given such term
in section 101(2) of title 38, United States Code.
TITLE II--LIFE INSURANCE PROGRAMS
SEC. 201. SERVICEMEN’S GROUP LIFE INSURANCE.
Section 1967 is amended by adding at the end thereof the
following:
"(e) In addition to the amounts of insurance otherwise provided
under this section, an eligible member may, upon application, obtain
increased coverage beyond that provided unaer this section in the
amount of $100,000, or any lesser amount evenly divisible by
$10,000.*.
SEC. 202. VETERANS’ GROUP LIFE INSURANCE.
Section 1977 is amended —
(1) in subsection (a) —
(A) by inserting “and (e)* after “1967(a)* and after
“1967(b)*;
(B) by striking out “$100,000* each place it appears
and inserting in lieu thereof "$200,000*;
(C) by striking out "sixty days* and inserting in lieu
thereof “60 days*;
(D) by striking out “sixty-day period* and inserting
in lieu thereof “60-day period”; and
(E) by striking out “of this section* after "subsection
(e)*;
(2) in subsection (bX2), by striking out "nonrenewable*
and inserting in lieu thereof "renewable*; and
(3) in subsection (hX2), by striking out “Notwithstanding
subsection (bX2) of this section* and inserting in lieu thereof
"In accordance with subsection (b)*.
SEC. 203. SUPPLEMENTAL SERVICE DISABLED VETERANS’ INSUR¬
ANCE FOR TOTALLY DISABLED VETERANS.
(a) In Gener^. — Subchapter I of chapter 19 is amended by
inserting after section 1922 the following new section:
PUBLIC LAW 102-568— OCT. 29, 1992
106 STAT. 4325
1922A. Supplemental service disabled veterans* insurmice
for totally disabled veterans
^(a) Any person insured under section 1922(a) of this title
10 qualifies for a waiver of premiums under section 1912 of
is title is eligible, as provided in this section, for supplemental
surance in an amount not to exceed $20,000.
^(b) To qualify for supplemental insurance under this section
person must file with the Secretary an application for such
surance not later than the end of (1) the one-year period beginning
the first day of the first month following the month in which
is section is enacted, or (2) the one-year period beginning on
e date that the Department notifies the person that the person
entitled to a waiver of premiums under section 1912 of this
e, whichever is later.
**(c) Supplemental insurance granted under this section shall
granted upon the same terms and conditions as insurance
Emted under section 1922(a) of this title, except that such insur¬
es may not be granted to a person under this section unless
e application is made for such insurance before the person attains
years of age.
"(d) No waiver of premiums shall be made in the case of
y person for supplemental insurance wanted under this section.”.
(b) Clerical Amendment.— The table of sections at the begin-
ig of chapter 19 is amended by inserting after the item relating
section 1922 the following new item:
)22A, Supplemental service disabled veterans’ insurance for totally disabled
veterans.”.
C. 204. INCREASE IN AMOUNT OF VETERANS’ MORTGAGE LIFE
INSURANCE.
(a) Increase. — Section 2106(b) is amended in the first
ntence —
(1) by striking out “initial”; and
(2) by striking out “$40,000” and inserting in lieu thereof
“$90,000”
(b) Technical Amendment.— The item relating to section 2106
the table of sections at the beginning of chapter 21 is amended
read as follows:
.06. Veterans’ mortgage life insurance.”.
C. 205. EFFECTIVE DATE.
The amendments made by this title shall take effect on Decem-
r 1, 1992.
riTLE in— EDUCATIONAL ASSISTANCE
PROGRAMS
C. 301. INCREASE IN AMOUNT OF MONTGOMERY GI BILL BASIC
EDUCATIONAL ASSISTANCE.
(a) Amount of Benefit Payments Under Chapter 30.— Sec-
n 3015 is amended —
(1) in subsection (aXD, by striking out “$300” and inserting
in lieu thereof “$400”; and
(2) in subsection (bXl)> by striking out “$250” and inserting
in lieu thereof “$325”.
38 use 1922A
note.
)6 STAT. 4326
PUBLIC LAW 102-568— OCT. 29, 1992
.0 use 2131
lote.
(b) Amount of Benefit Payments Under Selected Reserve
Program. — Section 2131(bXl) of title 10, United States Code, is
amended —
(1) in subparagraph (A), by striking out “$140” and insert¬
ing in lieu thereof “$190”;
(2) in subparagraph (B), by striking out “$105” and insert¬
ing in lieu thereof “$143”; and
(3) in subparagraph (C), by striking out “$70” and inserting
in lieu thereor“$95”.
(c) Conforming Amendments to Chapter 30. — Section 3015(f)
is amended —
(1) by striking out paragraph (1);
(2) by redesimating paragraph (2) as jparagraph (1) and
in that paragraph striking out “may continue to pay” and
all that follows through “such rates” and inserting in lieu
thereof “shall provide a percentage increase in the monthly
rates payable under subsections (a)(1) and (bXD of this section’^;
and
(3) by redesignating paragraph (3) as paragraph (2) and
in that paragraph strilang out “ma/’ both places it appears
and inserting in lieu thereof “shall”.
(d) Conforming Amendments to Selected Reserve Pro¬
gram. — Section 2131(b)(2) of title 10, United States Code, is
amended —
(1) by striking out subparagraph (A);
(2) by redesignating subpara^aph (B) as subparagraph
(A) and in that subparagraph sinking out “may continue to
pa}^” and all that follows through “such rates” and inserting
in lieu thereof “shall provide a percentage increase in the
monthly rates payable under subparagraphs (A), (B), and (C)
of paragraph (1)”; and
(3) by redesignating subparag^^'aph (C) as subparagraph
(B) and in that subparagraph striking out “may” both places
it appears and inserting in lieu thereof “shall”.
(e) Effective Date and Rule of Construction.— (1) The
amendments made by this section shall take effect on April 1,
1993.
(2) The amendments made by this section shall not be construed
to change the account from which payment is made for that portion
of a payment under chapter 30 of title 38, United States Code,
or chapter 106 of title 10, United States Code, which is a Montgom¬
ery GI bill rate increase and a title III benefit is paid. For the
purposes of this subsection, the terms “Montgomery GI bill rate
increase” and “title III benefit” have the meanings provided in
section 393 of the Persian Gulf Conflict Supplemental Authorization
and Personnel Benefits Act of 1991 (105 Stat. 99).
SEC. 302. MONTGOMERY GI BILL ENTITLEMENT DATES.
(a) Change in Dates. — Chapter 30 is amended —
(1) in section 3011(a)(lXB), by striking out “on Octo¬
ber 19, 1984,” and all that follows through “and—” and inserting
in lieu thereof “at any time during the period beginning on
October 19, 1984, and ending on «July 1, 1985, continued on
active duty without a break in service and — ”;
(2) in section 3012(a)(1)(B), by striking out “on Octo¬
ber 19, 1984,” and all that follows through “and—” and inserting
in lieu thereof “at any time during the period beginning on
PUBLIC LAW 102-568— OCT. 29, 1992
106 STAT. 4327
October 19, 1984, and ending on July 1, 1985, continued on
active duty without a break in service and — **; and
(3) in section 3031(e), ^ striking out “October 18, 1984”
and inserting in lieu thereof ‘^une 30, 1985”.
(b) Effective Date. — ^The amendments made by this section
11 take effect as of October 28, 1986.
. 303. EXTENSION OF PERIOD FOR COMPLETING REQUIREMENTS
FOR SECONDARY SCHOOL DIPLOMA.
(a) In General. — (1) Section 3011 is amended —
(A) in subsection (aX2), by inserting “, except as provided
in subsection (e) of this section,” after “who”; and
(B) by adding at the end thereof the following new sub¬
section:
“(e) For the purposes of subsection (a)(2) of this section, an
vidual who was on active duty on August 2, 1990, and who
pletes the requirements of a secondary school diploma (or
ivalency certificate) before the end of the 24-month period begin-
I on tne date of the enactment of this subsection shall be
udered to have completed such requirements within the individ-
initial obligated period of active duty.”.
(2) Section 3012 is amended —
(A) in subsection (aX2), by inserting “except as provided
in subsection (f) of this section,” after “who,”; and
(B) by adding at the end thereof the following new sub¬
section:
“(f) For the purposes of subsection (a)(2) of this section, an
vidual who was on active duty on August 2, 1990, and who
pletes the requirements of a secondary school diploma (or
Ivalency certificate) before the end of the 24-month period begin-
y on the date of the enactment of this subsection shall be
udered to have completed such requirements within the individ-
s initial obligated period of active duty.”.
(b) Notification Requirement.— Not later than 60 days after
date of enactment of this Act, the Secretary of each of the
tary departments shall notify each individual who was on active
Y in the Armed Forces on August 2, 1990, and who has not
the requirements of a secondary school diploma (or equivalency
ificate), of the extension of the period for the completion of
1 requirements afforded by the amendments made by this
ion.
. 304. TREATMENT OF CERTAIN ACTIVE-DUTY SERVICE TOWARD
ELIGIBILITY FOR EDUCATIONAL ASSISTANCE.
(a) Treatment of Service. — Section 3011 (as amended by
ion 303) is further amended by adding at the end the following
' subsection:
“(0(1) For the purposes of this chapter, a member referred
n paragraph (2) of this subsection who serves the periods of
ve duty referred to in that parap’aph shall be deemed to have
^ed a continuous period or active duty whose length is the
regate length of the periods of active duty referred to in that
lOTaph.
‘X2) This subsection applies to a member who —
“(A) after a period of continuous active duty of not more
than 12 months, is discharged or released from active duty
under subclause (I) or (III) of subsection (aXl)(A)(ii) of this
section; and
38 use 3011
note.
38 use 3011
note.
106 STAT. 4328
PUBLIC LAW 102-568— OCT. 29, 1992
38 use 3011
note.
38 use 3011
note.
38 use 3011
note.
*"(3) after such discharge or release, reenlists or re-enters
on a period of active dut}^”.
(b) Effective Date.-— Tlie amendments made by subsection
(a) i^all take effect as if enacted on June 30, 1985, and apply
to the payment of educational assistance for education or training
pursued on or after October 1, 1993.
SEC. 305. TREATMENT OF CERTAIN ASSIGNMENTS OF INDIVIDUALS
FOR PURPOSES OF ELlGraiUTY UNDER MONTGOMERY GI
BULL PROGRAM.
(a) Treatment. — Section 3011 (as amended by sections 303
and 304) is further amended by adding at the end the following
new subsection:
“(g) Notwithstanding section 3002(6XA) of this title, a period
during which an individu^ is assigned full time by tne Armed
Forces to a civilian institution for a course of education as described
in such section 3002(6)(A) shall not be considered a break in service
or a break in a continuous period of active duty of the individual
for the purposes of this chapter.”.
(b) Effective Date. — ^The amendment made by subsection (a)
shall take effect as if enacted on October 19, 1984.
SEC. 306. TREATMENT OF PURSUIT OF EDUCATION AT SERVICE ACAD¬
EMIES AND CERTAIN EDUCATIONAL INSTITUTIONS FOR
PURPOSES OF EUGIBILITY UNDER MONTGOMERY GI BILL
PROGRAM.
(a) Active Duty. — Section 3011 (as amended by sections 303,
304, and 305) is further amended by adding at the end the following
new subsection:
“(hXl) Notwithstanding section 3002(6XB) of this title, a mem¬
ber referred to in paragraph (2) of this subsection who serves
the periods of active dutv referred to in subparagraphs (A) and
(C) of that paragraph shall be deemed to have served a continuous
period of active duty whose length is the aggregate length of the
periods of active duty referred to m such subparagraphs.
“(2) This subsection applies to a member who—
“(A) during an initial period of active duty, commences
pursuit of a course of education —
“(i) at a service academy; or
“(ii) at a post-secondary school for the purpose of
preparation for enrollment at a service academy;
‘‘(B) fails to complete the course of education; and
“(C) re-enters on a period of active duty.”.
(b) Effective Date. — ^^e amendment made by subsection (a)
shall take effect as if enacted on June 30, 1985, and apply to
the payment of educational assistance for education or training
pursued on or after October 1, 1993.
SEC. 307. EDUCATIONAL ASSISTANCE FOR CERTAIN PERSONS WHOSE
INITIAL PERIOD OF OBUGATED SERVICE WAS LESS THAN
THREE YEARR
(a) Educational Assistance.— Section 3015 (as amended by
section 301) is amended —
(1) by redesignating subsections (c), (d), (e), and (f) as
subsections (d), (e), (f), and (g), respectively;
(2) in subsection (d) (as so redesignated), by striking out
“(a) and (b)” and inserting in lieu thereof “(a), (b), and (c)”;
and
PUBLIC LAW 102-568— OCT. 29, 1992
106 STAT. 4329
(3) by inserting after subsection (b) the following new sub¬
section (c):
XcXD llie amount of basic educational allowance payable under
chapter to an individual referred to in paragraph (2) of tins
ection is the amount determined under subsection (a) of this
on.
X2) Paragraph (1) of this subsection applies to an individual
led to an educational assistance allowance under section 3011
is title —
"(A) whose initial obligated period of active duty is less
than three years;
"(B) who, beginning on the date of the commencement
)f the person’s initial obligated period of such duty, serves
1. continuous period of active duty of not less than three years;
md
"(C) who, after the completion of that continuous period
>f active duty, meets one of the conditions set forth in subsection
iaX3) of such section 3011.”.
b) Conforming Amendments.— Such section 3015 (as so
ided) is further amended —
(1) in subsection (a), by striking out "and (f)** and inserting
n lieu thereof “(0, and (g)”; and
(2) in subsection (b), by striking out "and (f)” and inserting
in lieu thereof "(0, and (^)”.
c) Effective Date. — ^The amendments made Iw subsections
nd (b) shall take effect as if enacted on June 30, 1985, and
^ to tile payment of educational assistance for education or
ling pursued on or after September 1, 1993.
808. DEATH BENEFIT.
Section 3017(aXlXB) is amended by inserting before the comma
vithin one year after discharge or release from active duty”.
309. CLARIFICATION OF OPPORTUNITY TO WITHDRAW ELECTION
NOT TO ENROLL IN MONTGOMERY GI BILL PROGRAM.
a) Clarification. — Section 3018(bX3XB) is amended —
(1) by striking out "or (iii)” and inserting in lieu thereof
‘(iii)”; and
(2) by adding before the semicolon at the end the following:
or (iv) a physical or mental condition that was not character¬
ized as a disability and did not result from the individual’s
)wn willful misconduct but did interfere with the individual’s
[lerformance of duty, as determined by the Secretary of each
military department in accordance witn regulations prescribed
Dy the Secretary of Defense (or by the Secretary of Transpor¬
tation with respect to the Coast Guard when it is not operating
is a service of the Navy)”.
b) Effective Date. — The amendment made by subsection (a)
. take effect as if enacted on December 1, 1988.
310. USE OF EDUCATIONAL ASSISTANCE FOR SOLO FUGHT
TRAINING.
b) Active-Duty Program.— Section 3032(0 is amended—
(1) in paragraph (1), by striking out “(other than tuition
md fees charged for or attributable to solo flying hours)”;
md
(2) by adding at the end the following new paragraph
[4):
38 use 3015
note.
Regulations.
38 use 3018
note.
106 STAT. 4330
PUBLIC LAW 102-568— OCT. 29, 1992
10 use 2131
note.
Printing.
“(4) The number of solo flying hours for which an individual
may be paid an educational assistance allowcmce under this sub¬
section may not exceed the minimum number of solo flying hours
required by the Federal Aviation Administration for the mght rating
or certification which is the goal of the individual’s flight training. .
(b) Selected Reserve Program.— Section 2131(g) of title 10,
United States Code, is amended —
(1) in paragraph (1), by striking out “(other than tuition
and fees charged for or attributable to solo flying hours)”;
and
(2) by adding at the end the following new paragraph
(4):
“(4) The number of solo flsdng hours for which an individual
may be paid an educational assistance allowance under this sub¬
section may not exceed the minimum number of solo flying hours
required by the Federal Aviation Administration for the flight ratmg
or certification which is the goal of the individual’s flight training. .
(c) Post-Vietnam Era Veterans’ Educational Assistance
Program.— Section 3231(f) is amended —
(1) in paragraph (1), by striking out “(other than tuition
and fees charged for or attributable to solo flying hours)”;
and
(2) by adding at the end the following new paragraph
(4):
“(4) The number of solo flying hours for which an individual
may be paid an educational assistance allowance under this sub¬
section may not exceed the minimum number of solo flying hours
required by the Federal Aviation Administration for the flight ratii^
or certification which is the goal of the individual’s flight training. .
(d) Effective Date. — ^Ine amendments made by this section
shall apply to flight training received under chapters 30 and 32
of title 38, United States Code, and chapter 106 oi title 10, United
States Code, after September 30, 1992.
SEC. 311. LIMITATION ON AMOUNT OF ADVANCE PAYMENT OP WORK-
STUDY ALLOWANCE.
Section 3485(a)(1) is amended in the third sentence —
(1) by stril^g out “40 per centum” and inserting in lieu
thereof “40 percent”; and
(2) by inserting “(but not more than an amount equal
to 50 times the ap^cable hourly minimum wage)” before the
period at the end.
SEC. 812. REVISION OF REQUIREMENTS RELATING TO APPROVAL OF
ACCREDITED COURSES.
(a) Revision of Requirements.— Subsection (a) of section 3675
is amended —
(1) by striking out “(a)” and inserting in lieu thereof “(aXD”;
(2) by redesignating paragraphs (1), (2), and (3) as subpara¬
graphs (A), (B), and (C), respectively; and
(3) by striking out the matter below subparagraph (C)
(as so redesignated) and inserting in lieu thereof the foUowing
new paragraphs:
“(2XA) For tne pui^oses of this chapter, tiie Secretary of Edu¬
cation shall publish a list of nationally recomized accrediting agen¬
cies and associations which that Secretary determines to be reliable
authority as to the quality of training offered by an educational
institution.
PUBLIC LAW 102-568— OCT. 29, 1992
106 STAT. 4331
“(B) A State approving agency may utilize the accreditation
ny accrediting association or agency listed pursuant to subpara¬
ph (A) of this paranaph for approval of courses specifically
'edited and approved by such accrediting association or agency.
“(3XA) An educational institution shall submit an application
approval of courses to the appropriate State ai)proving agency.
sJung application for approval, the institution (other than
elementary school or secondary school) shall transmit to the
be approving agency copies of its catalog or biilletin which must
certified as true and correct in content and policy by an author-
l representative of the institution.
“(B) Each catalog or bulletin transmitted by an institution
er subparagraph (A) of this paragraph shall —
“(i) state with specificity the requirements of the institution
with respect to graduation;
“(ii) include the information required under paragraphs
(6) and (7) of section 3676(b) of this title; and
“(iii) include any attendance standards of the institution,
if the institution has and enforces such standards.”.
(b) Approval of Nurses Aide Courses.— Subsection (aXD of
1 section (as amended by subsection (a)) is further amended —
(1) in subparagraph (B), by striking out “sections 11-28
of title 20; or” and inserting in lieu thereof “the Act of February
23, 1917 (20 U.S.C. 11 et seq.);”;
(2) by striking out the period at the end of subparagraph
(C) and inserting in lieu thereof"; or”; and
(3) by adding at the end the following new subparagraph
(D) :
“(D) such courses are approved by the State as meeting
the requirement of regulations prescribed by the Secretary
of Health and Human Services under sections 1819(f)(2XAXi)
and 1919(f)(2XAXi) of the Social Security Act (42 U.S.C. 1395i-
3(fX2XAXi) and 1396r(fX2XA)(i)).”.
. 313. DISAPPROVAL OF NONACCREDITED INDEPENDENT STUDY.
(a) Disapproval. — (l) Section 3676 is amended by adding at
end the following new subsection:
"(e) Notwithstanding any other provision of this title, a course
iducation shall not be approved under this section if it is to
lursued in whole or in part by independent study.”.
(2) Subchapter I of cnapter 36 is amended by inserting after
ion 3680 the following new section:
680A. Disapproval of enrollment in certain courses
“(a) The Secretary shall not approve the enrollment of an
ible veteran in —
“(1) any bartending course or personality development
course;
“(2) any sales or sales management course which does
not provide specialized training within a specific vocational
field;
"(3) €my type of course which the Secretary finds to be
avocational or recreational in character (or the advertising for
which the Secretary finds contains significant avocation^ or
recreati al themes! unless the veteran submits iustiftcation
)6 STAT. 4332
PUBLIC LAW 102-568— OCT. 29, 1992
of the veteran’s present or contemplated business or occupation;
or
**(4) any independent studv program except an accredited
independent stuay program leading to a standard college
degree.
*^(1^ Except to the extent otherwise specifically provided in
this title or chapter 106 of title 10, the Secretary shs^ not approve
the enrollment of an eligible veteran in any course of flight training
other than one given by an educational institution of higher learning
for credit toward a stimdard college degree the eligible veteran
is seeking.
“(c) The Secretary shall not approve the enrollment of an
eligible veteran in any course to be pursued by radio or by open
circuit television, except that the Secretary may approve the enroll¬
ment of Eui eligible veteran in a course, to be pursued in residence,
lea^g to a standard college degree which includes, as an integral
part thereof, subjects offered through open circuit television.
“(dXD Except as provided in paragraph (2) of this subsection,
the Secretary shall not approve the enrollment of any eligible vet¬
eran, not already enrolled, in any course for any peric^ during
whicn tiie Secretary finds that more than 85 percent of the studento
enrolled in the course are having all or part of their tuition, fees,
or other charges paid to or for them by the educational institution
or by the Depeirtment of Veterans Affairs under this title or under
chapter 106 of title 10. The Secretary may waive the requirements
of this subsection, in whole or in peirt, if the Secretary determines,
pursuant to regulations wluch me Secretary shall prescribe, it
to be in the interest of the eligible veteran ana the Federal Govern¬
ment. The provisions of this subsection shall not apply to any
course offered by an educational institution if the total number
of veterans and persons receiving assistance imder this chapter
or chapter 30, 31, 32, or 35 of this title or under chapter 106
of title 10 who are enrolled in such institution equals 35 percent
or less, or such other percent as the Secretary prescribes in regula¬
tions, of the total student enrollment at such institution (computed
separately for the main campus and any brandi or extension of
such institution), except that the Secretary may apply the provisions
of this subsection witn respect to any course in wmcn the Secretary
has reason to believe that the enrollment of such veterems and
persons may be in excess of 85 percent of the total student enroll¬
ment in such course.
“(2) Paragraph (1) of this subsection does not apply with respect
to the enrollment of a veteran —
“(A) in a course offered pursuant to section 3019, 3034(aX3),
3234, or 3241(aX2) of this title;
“(B) in a farm cooperative training course; or
“(C) in a course described in section 3689(bX6) of this
title.”.
(3XA) Chapter 34 is amended by repealing section 3473.
(B) The table of sections at the beginning of chapter 34 is
amended by striking out the item relating to section 3473.
(4) Section 3034 is amended —
(A) in subsection (aXl), by striking out “3473,”; and
(B) in subsection (dXD, by striking out “3473(b)” and insert¬
ing in lieu thereof “3680A(b)”.
(6) Section 3241 is amended —
(A) by striking out “3473,” both places it appears; and
PUBLIC LAW 102-568— OCT. 29, 1992
106 STAT. 4333
(B) in subsection (bXD, by striking out “347305)” and insert¬
ing in lieu thereof “3680A(b)”.
(6) Section 2136(cXl) of title 10, United States Code, is amended
by striking out “1673(b)” and inserting in lieu thereof “3680A(br.
(7) Section 3523(a)(4) is amended by striking out “one” and
all that follows and inserting in lieu thereof “an accredited
independent study program leading to a standard college degree.”.
(8) The table of sections at the beginning of chapter 36 is
amended by inserting after the item relating to section 3680 the
following new item:
"SSSOA. Disapproval of enrollment in certain courses.”.
(b) Savings Provision. — ^The amendments made by paragraphs
(2) through (6) of subsection (a) of this section shall not apply
to any TOrson receiving educational assistance for pursuit oi an
independent study program in which the person was enrolled on
the date of enactment of this section for as long as such person
is continuous^ thereafter so enrolled and meets the requirements
of eligibility ror such assistance for the pursuit of such program
under title 38, United States Code, or title 10, United States Code,
in effect on tiiat date.
SEC. 314. TREATMENT OF ADVANCE PAYMENTS OF CERTAIN ASSIST¬
ANCE TO VETERANS WHO DIE.
(a) Treatment. — Section 3680(e) is amended —
(1) by striking out “(e) IT and inserting in lieu thereof
“(eXl) Subject to paragraph (2), iT; and
(2) by adding at the end the following new paragraph:
“(2) Paragraph (1) shall not apply to the recovery of an overpay¬
ment of an educational allowance or subsistence allowance advance
payment to an eligible veteran or eligible person who fails to enroll
m or pursue a course of education for which the payment is made
if such failure is due to the death of the veteran or person.”.
(b) Technical Amendment.— Section 3680(eXl) (as amended
by subsection (a)) is further amended by striking out “eligible per¬
son,” and inserting in lieu thereof “eligible person .
SEC. 315. BAR OF ASSISTANCE FOR PERSONS WHOSE EDUCATION IS
PAID FOR AS FEDERAL EMPLOYEE TRAINING.
Section 3681(a) is amended by striking out “and whose full
salary is being paid to such person while so training”.
SEC. 316. REVISION IN MEASUREMENT OF COURSES.
(a) In General. — Section 3688 is amended —
(1) in subsection (a) —
(A) in para^aph (1), by striking out “thirty hours”
and all that follows through “full time” and inserting in
lieu thereof “22 hours per week of attendance (excluding
supervised study) is required, with no more than 2V^ hours
of rest periods per week allowed”;
(B) in paragraph (2), by striking out “twenty-five hours”
and all that follows through “full time” and inserting in
lieu thereof “18 hours per week net of instruction (excluding
supervised study but which may include customary inter¬
vals not to exceed 10 minutes between hours of instruction)
is required”;
(C) in paragraph (4) —
(i) by striking out “in residence”; and
10 use 2136
note.
106 STAT. 4334
PUBLIC LAW 102-568— OCT. 29, 1992
38 use 3532
note.
(ii) by inserting other than a course pursued
as pait of a program of education beyond the bacca¬
laureate level, amr “semester-hour basis**;
(D) in paragraph (6), by striking out “3491(aX2)** and
inserting in lieu thereof “3034(aX3), 3241(aX2) or 3633(ar;
and
(E) by striking out paragraph (7) and tdl that follows
to the end of the subse^ion and inserting in lieu thereof
the following:
“(7) an institutional course not leading to a standard college
degree offered by an educational institution on a standard
quarter- or semester-hour basis shall be measured as fuU time
on the same basis as provided in paragraph (4) of this sub¬
section, Wt if the educational institution offering the course
is not an institution of higher learning, then in no event shall
svu^ course be considered full time when it requires less than
the minimum weekly hours of attendance required for full
time by paragraph (1) or (2) of this subsection, as appropriate.”;
(2) m subsection (b), by striking out “34** and inserting
in lieu thereof “30, 32,**; and
(3) by striking out subsections (c), (d), and (e).
(b) Independent Study. — Section 3532(c) is amended by strik¬
ing out paragraphs (3) and (4).
(c) Effective Date. — ^The amendments made by this section
apply to enrollments in courses beginning on or after July 1, 1993.
SEC. 817. CLARIFICATION OF PERMITTED CHANGES IN PROGRAMS OF
EDUCATION.
Subsection (d) of section 3691 is amended to read as follows;
“(d) For the purposes of this section, the term ‘change of pro¬
gram of education* shall not be deemed to include a change by
a veteran or eligible person from the pursuit of one program to
the pursuit of another program if—
“(1) the veteran or eligible person has successfully com¬
pleted l^e former program;
“(2) the pro^am leads to a vocational, educational, or
professional objective in the same general field as the former
program;
“(3) the former pro^am is a prerequisite to, or generally
required for, pursuit of the subsequent program; or
“(4) in the case of a change from the pursuit of a subsequent
program to the pursuit of a former program, the veteran or
eligible person resumes pursuit of the former program without
loss of credit or standing m the former program.**.
SEC. 318. AUTHORITY OF MEMBERS OF SELECTED RESERVE TO
RECEIVE TUTORIAL ASSISTANCE.
Section 2131 of title 10, United States Code, is amended by
adding at the end the following new subsection:
“(hXlXA) Subject to subparagraph (B), the Secretary of Veter¬
ans Affairs shall approve inoividuahzed tutorial assistance for any
person entitl^ to educational assistance under this chapter who—
“(i) is enrolled in and pursuing a postsecondary course
of education on a half-time or more basis at an educational
institution; and
“(u) has a deficiency in a subject required as a part of,
or which is prereiquisite to, or which is indispensable to the
satisfactory pursuit of, the program of education.
PUBLIC LAW 102-568— OCT. 29, 1992
106 STAT. 4335
^B) The Secreta^ of Veterans Affairs shall not approve individ-
id tutorial assistance for a person pursuing a program of
ition under this para^aph unless such assistcmce is necessary
le person to successfully complete the program of education.
'2)(A) Subject to subparagraph (B), the Secretary concerned,
h the Secretary of Veterans Affairs, shall pay to a person
ing individualized tutorial assistance pursuant to paragraph
tutorial assistance allowance. The amount of the allowance
»le under this paragraph may not exceed $100 for any month,
iggregate more than $1,200. The amoimt of the allowance
imder this paragraph ^all be in addition to the amount
icational assistance allowance payable to a person under this
r.
'B) A tutorial assistance allowance may not be paid to a
a under this paragraph until the educational institution at
I the person is enrolled certifies that —
"(i) the individualized tutorial assistance is essential to
direct a deficiency of the person in a subject required as
part of, or which is prerequisite to, or which is indispensable
) the satisfactory pursuit of, an approved program of education*
"(ii) the tutor chosen to perform such assistance is qualified
) provide such assistance and is not the person’s parent,
[>ouse, child (whether or not married or over eighteen years
r age), brother, or sister; and
‘‘(iii) the charges for such assistance do not exceed the
istomary charges for such tutorial assistance.
3XA) A person’s period of entitlement to educational assist-
under tnis chapter shall be charged only with respect to
ount of tutorial assistance paid to the person under this
ction in excess of $600.
B) A person’s period of entitlement to educational assistance
' this chapter shall be charged at the rate of one month
ich amount of assistance paid to the individual under this
in excess of $600 that is equal to the amount of the monthly
tional assistance allowance which the person is otherwise
le to receive for full-time pursuit of an institutional course
■ this chapter.”.
)19. REQUIREMENT OF ATTENDANCE CERTIFICATION IN
APPRENTICESHIP PROGRAM UNDER THE MONTGOMERY
GI BILL SELECTED RESERVE PROGRAM.
ection 2136(b) of title 10, United States Code, is amended
iking out ‘‘1780(c),”.
20. TECHNICAL AMENDMENTS.
0 Title 10. — Chapter 106 of title 10, United States Code,
Bnded —
(1) in section 2131(c) —
(A) by striking out “section 1795 of title 38” in para¬
graph (2) and inserting in lieu thereof “section 3695 of
title 38”;
(B) by strikii^ out “of this subparagraph, his or her”
in paragraph (3XBXii) and inserting in ueu thereof “, the
indUvidual’s”; and
(C) by striking out “of this paragraph.” in paragraph
(3XC) and inserting in lieu thereof a period;
(2) in section 2133(b) —
106 STAT. 4336
PUBLIC LAW 102-568— OCT. 29, 1992
(A) by striking out “section 1431(f) of title 38” in para¬
graph (2) and inserting in lieu thereof “section 3031(f)
of title 38”; and
(B) by striking out “section 1431(d) of title 38” in
paragraph (3) and inserting in lieu thereof “section 3031(d)
of title 38”; and
(3) in section 2136 (as amended by section 319 of this
Act), by striking out “sections 1670” in subsection (b) and
all that follows through “1792)” and inserting in lieu thereof
“sections 3470, 3471, 3474, 3476, 3482(g), 3483, and 3485 of
title 38 and the provisions of sulxhapters I and II of chapter
36 of such title (with the exception of sections 3686(a), 3687
and 3692)”.
TITLE IV— VOCATIONAL REHABILITA¬
TION AND PENSION PROGRAMS
SEC. 401. PERMANENT AUTHORITY FOR PROGRAM OF VOCATIONAL
REHABILITATION FOR CERTAIN SERVICE-DISABLED VET¬
ERANS.
(a) Program Made Permanent.— (1) Subsection (aXD of sec¬
tion 1163 is amended by striking out “during the program period”
and inserting in lieu thereof “after Janumy 31, 1985,”.
(2) Subsection (aX2) of such section is amended to read as
follows:
“(2) For purposes of this section, the term ‘(^lifted veteran’
means a veteran who has a service-connected disability, or service-
connected disabilities, not rated as total but who has b^n awarded
a rating of total (Usability by reason of inability to secure or follow
a substantially gainftil occupation as a result of such disabUity
or disabilities. .
(b) Counseling Services. — Subsection (b) of such section is
amended 1^ striking out “During the program period, the Secretary”
and inserting in Ueu thereof “The Secretly*.
(c) Notice. — Subsection (cXD of sucn section is amended by
striking out “during the program period” and all that follows
through “(aX2)(A)” and inser&ig in lieu thereof “after Janu^
31, 1985, of a rating of total disability described in subsection
(aX2r.
(d) Clerical Amendments.— (1) The heading of such section
is amended to read as follows:
Ҥ 1163. Trial work periods and vocational rehabilitation for
certain veterans with total disability ratings”.
(2) The item relating to such section in the table of sections
at the beginning of chapter 11 is amended to read as follows:
"1163. Trial work periods and vocational rehabilitation for certain veterans with
total di^ility ratings.”.
UBLIC LAW 102-568— OCT. 29, 1992
106 STAT. 4337
(SION OF PBOGBAM OF VOCATIONAL TRAINING FOR
FAIN PENSION RBCIPIENTa
ION OF Program. — Subsection (aXD of section 1524
ead as follows:
he case of a veteran under am .45 who is awarded
ng the program period, the Secretaiy shall, based
on file with the Department of Veterans Affairs,
nary finding whether such veteran, with the assist-
tioiim training program under this section, has a
for achieving employment. If such potential is found
cret^ shaU solicit firom the veteran an application
rainii^ under this section. If the veteran thereafter
h training, the Secretary shall provide the veteran
ition, wmch may include a personal interview, to
ther the achievement of a vocational goal is reason-
RAM Extension. — Section 1524(a) is further
itriking out paragraph (3); and
redesignating paramaph (4) as paragraph (3) and
agraph strikii^ out ^December 31, 1992** and insert-
thereof ‘'Decemoer 31, 1995**.
iRMiNG Amendments.— (1) Section 1524(bX4) is
riking out ‘^Januaiy 31, 1992** and inserting in lieu
ber 31, 1995**.
heading of such section is amended to read as
ional training for certain pension recipients’*.
im relating to such section in the table of sections
ng of chapter 15 is amended to read as follows:
raining for certain pension recipients.”.
ANENT AUTHOIUTT FOR PROTECTION OF HEALTH-
E EUGmiUTY FOR CERTAIN PENSION RECIPIENTS.
nsNT Protection. — Section 1525 is amended —
subsection (a), by striking out Muring the program
1 inserting in lieu thereof ‘'after January 31, 1985,**;
striking out subsection (b) and inserting in lieu
foUowing:
rposes ofthis section, the term ‘terminated by reason
1 work or trainin|;* means tenni^ted as a result
*8 receipt of earmngs fh>m activity performed for
)r wi^ gain, but only if the veteran^ aimual income
)ther than such earnings would, taken alone, not
nmination of the veteran's pension.**.
AL Amendments.— (1) The heading of such section
‘ead as follows:
)6 STAT. 4338
PUBLIC LAW 102-568— OCT. 29, 1992
38 use 3102
lote.
"§ 1525. Protection of health-care eligibility**.
(2) The item relating to such section in the table of sections
at the beginning of chapter 15 is amended to read as follows;
“1625. Protection of health-care eligibility.”.
SEC. 404. VOCATIONAL REHABILITATION FOR CERTAIN SERVICE-DIS¬
ABLED VETERANS WITH SERIOUS EMPLOYMENT HANDI¬
CAPS.
(a) Vocational Rehabilitation.— Section 3102 is amended to
read as follows:
**§3102. Basic entitlement
“A person shall be entitled to a rehabilitation program imder
the terms and conditions of this chapter if—
“(1) the person —
“(A)is—
**ii) a veteran who has a service-connected disabil¬
ity which is, or but for the receipt of retired pay would
be, compensable at a rate of 20 percent or more under
chapter 11 of this title and which was incurred or
aggravated in service on or after September 16, 1940;
or
‘‘(ii) hospitalized or receiving outpatient medical
care, services, or treatment for a service-connected
disability pending discharge from the active milit^,
naval, or air service, and the Secretary determines
that —
‘XD the hospital (or other medical facility)
provi^ng the hospitalization, care, services, or
treatment is doing so under contract or agreement
with the Secretary concerned, or is under the juris¬
diction of the Secretary of Veterans Affairs or the
Secretary concerned; and
"(II) the person is suffering from a disability
which vkdll likely be compensable at a rate of 20
percent or more under chapter 11 of this title;
and
“(B) is determined by the Secretary to be in need
of rehabilitation because of an employment handicap;
or
“(2) the person is a veteran who—
“(A) has a service-connected disability which is, or
but for the receipt of retired pay would be, compensable
at a rate of 10 percent under chapter 11 of this title
and which was incurred or aggravated in service on or
after September 16, 1940; and
“(B) has a serious employment handicap.**.
(b) Effective Date.— The amendment made by subsection (a)
shall take effect on October 1, 1993.
SEC. 405. INCREASE IN SUBSISTENCE ALLOWANCE FOR VETERANS
PARTICIPATING IN A REHABILITATION PROGRAM.
(a) Increase. — Section 3108(b) is amended by striking out the
table at the end and inserting in lieu thereof tiie follovidng new
table:
PUBLIC LAW 102-568— OCT. 29, 1992
106 STAT. 4339
funn I
Column n
Column ni
Column W
Column V
program
No de¬
pendents
One de¬
pendent
Two de¬
pendents
More than two dependents
ional
ing:
11-time ..
$366
$454
$535
The amount in column IV,
plus the following for each
dependent in excess of two:
$39
276
341
400
30
184
228
268
20
)opera-
gippren-
)r other
) train-
1-time ..
320
387
446
29
id eval-
n:
1-time ..
366
454
535
39
ident
[train-
1-time ..
366
454
535
39
•ee-
er-time
276
341
400
30
If-time ..
184
228
268
20".
) Cost-of-Living Increase.— Such section is further
led—
(1) by inserting “(1)” after “(b)”; and
(2) by adding at the end the following new paragraphs:
2) With respect to the fiscal year beginning on October 1,
the Secretary shall provide a percentage increase in the
ily rates payable under paragraph (1) of tins subsection equal
percentage by which ^e Consumer Price Index (all items,
i States city average published by the Bureau of Labor Statis-
or the 12-month period ending June 30, 1994, exceeds such
mer Price Index for the 12-month period ending June 30,
3) With respect to any fiscal year beginning on or
October 1, 1995, the S^retary shall continue to pay, in
f the rates payable under paragraph (1) of this subsection,
onthly rates payable under this subsection for the previous
year and shall provide, for any such fisced year, a percentage
se in such rates equal to the percentage by which —
**(A) the Consumer Price Index (all items, United States
ty average) for the 12-month period ending on June 30 preced-
ig the li^ginning of the fiscal year for which the increase
made, exceeds
**(3) such Consiuner Price Index for the 12-month period
receding the 12-month period described in subparagraph (A).**.
Effective Date. — The amendments made by subsections
1 (b) shall take effect on October 1, 1993.
38 use 3108
note.
106 STAT. 4340
PUBLIC LAW 102-568— OCT. 29, 1992
TITLE V-JOB COUNSELING, TRAINING,
AND PLACEMENT SERVICES FOR VET-
ERANS
SEC. 501. IMPROVEMENT OF DISABLED VETERANS* OUTREACH PRO-
GRAM.
Section 4103A(aXl) is amended in the first sentence by striking
out “specialist for each 5,300 veterans'* and all that follows t^ugn
the end of the sentence and inserting in lieu thereof “specialist
for each 6,900 veterans residing in such State who are either
veterans of the Vietnam era, veterans who first entered on active
duty as a member of the Armed Forces after May 7, 1975, or
disabled veterans.”.
SEC. 502. REPEAL OF DELIMITING DATE RELATING TO TREA1MENT
OF VETERANS OF THE VIETNAM ERA FOR DISABLED VET¬
ERANS’ OUTREACH PROGRAM PURPOSES.
Section 4211(2) is amended —
(1) in subparagraph (A), by striking out “(A) Subject to
subparagraph (B) of tnis paragraph, the term” and inserting
in lieu thereof “The term”; and
(2) by striking out subparagraph (B).
SEC. 503. DISABLED VETERANS’ OUTREACH PROGRAM PRIORITIES.
Subparagraph (A) of section 4103A(bXl) is amended to read
as follows:
“(A) Services to special disabled veterans.”.
SEC. 504. REPEAL OF REQUIREMENT THAT TO BE REPRESENTED ON
ADVISORY COMMITTEE ON VETERANS EMPLOYMENT AND
TRAINING A VETERANS ORGANIZATION MUST HAVE A FED¬
ERAL CHARTER
Section 4110(cXlXA) is amended by striking out “are chartered
by Federal law and”.
SEC. 505. EXPANSION AND EXTENSION OF VETERANS READJUSTMENT
APPOINTMENTS WITH THE FEDERAL GOVERNMENT.
(a) Expansion To Include All Vietnam Era Veterans.—
Section 4214(bX2)(A) is amended to read as follows:
“(A) a veteran of the Vietnam era; and”.
(b) Extension With Federal Government.— Section
4214(bX3) of title 38, United States Code, is amended —
(1) in subparagraph (AXii), by striking out “December 31,
1993” and inserting in lieu thereof “December 31, 1995”; and
(2) in subparagraph (BXii), by striking out “December 18”
and inserting in lieu thereof “December 31”.
SEC. 506. REDESIGNATION OF SECTIONS OF CHAPTER 43.
(a) Redesignation of Sections To Conform To Chapter
Number.— Sections 2021, 2022, 2023, 2024, 2025, 2026, and 2027
are redesignated as sections 4301, 4302, 4303, 4304, 4305, 4306,
and 4307, respectively.
(b) Tables op Sections.— The table of sections at the beginning
of chapter 43 is revised so as to conform the section reference
in the table to the redesignations made by subsection (a).
PUBLIC LAW 102-568— OCT. 29, 1992
106 STAT. 4341
!c) Cross References. — (1) Section 4322 (as redesignated by
Bction (a)) is amended —
(A) by striking out "2021(ar and inserting in lieu thereof
‘4321(ar; and
(B) by striking out **2024** and inserting in lieu thereof
‘4324”.
.2) Section 4323 (as redesignated b;yr subsection (a)) is amended
triking out “2021(0)” each place it appears and inserting in
hereof “4321(a)”.
3) Section 4324 (as redesignated b^ subsection (a)) is amended
trildng out “2021(a)” each place it appears and inserting in
hereof “4321(a)”.
4) Section 1204(aXl) of title 5, United States Code, is amended
riking out “2023” and inserting in lieu thereof “4323”.
5) Section 706(c) of title 10, United States Code, is amended
riking out “2021” and inserting in lieu thereof “4321”.
6) Any reference in a provision of law to a section redesignated
iibsection (a), other than a provision specified in paragraphs
hrough (5) of this subsection, shall be deemed to refer to
ection as so redesignated.
d) Coordination With Other Act.— If the Uniformed Serv-
Smployment and Reemployment Rights Act of 1992 is enacted
e this Act, this section, including the amendments made by
section, shall not take effect. If the Uniformed Services Employ-
: and Reemployment Rights Act of 1992 is enacted after this
this section, and the amendments made by this section, shall
'eated for all purposes as not having been enacted, and the
isions of title 38, United States Code, shall read as if those
idments had not been made.
TITLE VI— OTHER VETERANS’
PROGRAMS
601. EXTENSION OF UMITATION ON PENSION FOR VETERANS
RECEIVING MEDICAID-COVERED NURSING HOME CARE;
APPLICABILITY TO SURVIVING SPOUSES; AND FACILITY
EXPENSES.
a) Reduction in Pension.— Section 5603(f) is amended—
(1) by redesignating paragraphs (5) and (6) as paragraph
3) and (7), respectively; and
(2) by inserting after paragraph (4) the following new para-
paph (5):
‘(5) The provisions of this subsection shall apply with respect
surviving spouse having no child in the same manner as
apply . to a veteran having neither spouse nor child.”.
b) Extension. — Such section is further amended by striking
“^ptember 30, 1992” in paragraph (7) (as redesignated by
ection (aXD) and inserting in lieu thereof “^ptember 30, 1997”.
c) Facility Expenses.— Section 5603(aXlXB) is amended by
ig at the end thereof the following: “Effective through Septem-
10, 1997, any amount in excess of $90 per month to which
eteran would be entitled but for the application of the preceding
mce shall be deposited in a revolving fund at the Department
cal facility which furnished the veteran nursing care, and
amount shall be available for obligation without fiscal year
ation to help defray operating expenses of that facility.”.
38 use 4301
note.
106 STAT. 4342
PUBLIC LAW 102-568— OCT. 29, 1992
38 use 5503
note.
26 use 6103.
(d) Effective Dates.— The amendments made by subsection
(a) shall take effect on October 1, 1992, and shall apply with
respect to months after September 1992. The amendment
by subsection (c) shall take effect on November 1, 1992, and shall
apply with respect to months after October 1992.
SEC. 602. EXTENSION OF AUTHORITY TO CARRY OUT INCOME VER.
IFICATION.
(a) Title 38.— Section 5317(g) is amended by striking out
“September 30, 1992” and insertmg in lieu thereof “September
30 1997”.
(b) Internal Revenue Code of 1986.— (1) Subparagraph (D)
of section 6103(1X7) of the Internal Revenue Code of 1986 is
amended by striking out “September 30, 1992” in the last sentence
and inserting in lieu thereof “September 30, 1997”.
(2) Clause (viii) of such subparagraph is amended —
(A) in subclause (II), by striking out “section 415” and
inserting in lieu thereof “section 1315”; and
(B) in subclause (III), by striking out “section 610(aXlXI)
610(aX2), 610(b), and 612(aX2XB)” and inserting in lieu thereof
“sections 1710(a)(lXI), 1710(aX2), 1710(b), and 1712(aX2XB)”.
SEC. 608. ACCESS TO INFORMATION NECESSARY FOR THE ADMINIS¬
TRATION OF CERTAIN VETERAN BENEFITS LAWS.
(a) Access. — Section 1113 of the Right to Financial Privacy
Act of 1978 (12 U.S.C. 3413) is amended by adding at the end
the following new subsection:
“(pXD Nothing in this title shall apply to the disclosure by
the financial institution of the name and address of any customer
to the Department of Veterans Affairs where the disclosure of
such information is necessary to, and such information is used
solely for the purposes of, the proper administration of benefits
programs imder laws administered by the Secretary.
“(2) Notwithstanding any other provision of law, any request
authorized by paragraph (1) (and the information contained therein)
may be used ny the financial institution or its agents solely for
the purpose of providing the customer’s name and address to tiie
Department of Veterans Affairs and shall be barred from
remsclosure by the financial institution or its agents.”.
(b) Privacy Safeguards. — (1) Chapter 53 is amended by adding
at the end the following new section:
Ҥ 5319. Limitations on access to financial records
“(a) The Secretary may make a request referred to in section
1113(p) of the Right to Financial Privacy Act of 1978 (12 U.S.C.
3413(p)) only if the Secretary determines that the requested
information —
“(1) is necessary in order for the Secretary to administer
the provisions of law referred to in that section; and
“(2) cannot be secured by a reasonable search of records
and information of the Department.
“(b) The Secretary shall include a certification of the determina¬
tions referred to in subsection (a) in each request presented to
a financial institution.
“(c) Information disclosed pursuant to a request referred to
in subsection (a) may be used solely for the puiTWse of the adminis¬
tration of benefits programs under laws adimnistered by the Sec¬
retary if, except for the exemption in subsection (a), the disclosure
^UBLIC LAW 102-568 — OCT. 29, 1992 106 STAT. 4343
tion would otherwise be prohibited by any provision
Financial Privacy Act of 1978,”.
able of sections at the beginning of such chapter
adding at the end the following new item:
B on access to financial records.”.
^SION OF EXPIRING COST-RECOVERY AUTHORITY.
729(aX2XE) is amended by striking out “October 1,
srtingin lieu thereof “August 1, 1994^.
:.USION FOR LOW-INCOME VETERANS FROM MEDICA-
►N COPAYMENT REQUIREMENT.
SION. — Section 1722A(a) is amended —
striking out “(other than” and all that follows through
, and
adding at the end the following:
:raph (1) does not apply —
o a veteran with a service-connected disability rated
t or more; or
to a veteran whose annual income (as determined
tion 1503 of this title) does not exceed the mairiniiiTn
te of pension which would be payable to such veteran
eteran were eligible for pension imder section 1521
e.”.
3TIVE Date. — ^The amendments made by subsection 38 use 1722A
with respect to medication furnished after the date
mt of this Act.
NSION OF COPAYMENT PROGRAMS.
3ATION Copayment Requirement.— Section 1722A(c)
t)^ adding at the end the following new sentence:
ling the preceding sentence, the provisions of sub¬
til in effect through September 30, 1997.”.
.th-Care Categories and Copayments.— Section
5 Omnibus Budget Reconciliation Act of 1990 (Public
1) is amended by adding at the end the following 38 use 1710
e; “^otmthstantog the prece^g^M^^ J^minaUon
made by this section shall be in effect through Septem-
October 29, 1992.
[ISTORY— H.R. 5008:
rS: No. 102-753, Pt. 1 (Comm, on Veterans’ Affairs) and Pt. 2
(Comm, on Ways and Means).
SL RECORD, Vol. 138 (1992):
insidered and passed House.
msidered and passed Senate, amended.
ise concurred in Senate amendments with amendments.
ate concurred in House amendments. „
ILATION OF presidential DOCUMENTS, Vol. 28 (1992):
sidential statement.
106 STAT. 4344
PUBLIC LAW 102-569— OCT. 29, 1992
Public Law 102-569
102d Congress
An Act
Oct. 29, 1992
[H.R. 5482]
Rehabilitation
Act
Amendments of
1992.
Labor.
29 use 701 note.
To revise and extend the programs of the Rehabilitation Act of 1973, and for
other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title. — This Act may be cited as the “Rehabilitation
Act Amendments of 1992”.
(b) Table of Contents.— The table of contents is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. References.
TITLE I— ADMINISTRATION AND VOCATIONAL REHABILITATION SERVICES
Subtitle A — ^Administration
Sec. 101. Findings and purpose.
Sec. 102. Definitions.
Sec. 103. Allotment percentage.
Sec. 104. Nonduplication.
Sec. 105. Administration of the Act.
Sec. 106. Reports.
Sec. 107. Evaluation.
Sec. 108. Review of applications.
Sec. 109. Carryover.
Sec. 110. Client assistance information.
Sec. 111. Traditionally underserved populations.
Subtitle B — ^Vocational Rehabilitation Services
Sec. 121. Policy; authorization of appropriations.
Sec. 122. State plans.
Sec. 123. Determinations of eligibility and individualized written rehabilitation pro¬
gram.
Sec. 124. Scope of vocational rehabilitation services.
Sec. 125. Non-Federal share for construction.
Sec. 126. State Rehabilitation Advisory Council.
Sec. 127. Evaluation.
Sec. 128. Monitoring and review.
Sec. 129. Expenditure of certain amounts.
Sec. 130. Training of employers with respect to Americans with Disabilities Act of
1990.
Sec. 131. Reallotment.
Sec. 132. Payments to States.
Sec. 133. Client assistance program.
Sec. 134. Innovation and expansion grants.
Sec. 135. Study of needs of American Indians with handicaps.
Sec. 136. Review of data collection system.
Sec. 137. Exchange of data.
Sec. 138. Effective date.
TITLE II— RESEARCH
Sec. 201. Declaration of purpose.
Sec. 202. Authorization of appr^riations.
Sec. 203. National Institute on Disability and Rehabilitation Research.
Sec. 204. Interagency committee.
Sec. 205. Research.
Sec. 206. Rehabilitation Research Advisory Council.
TITLE III— TRAINING AND DEMONSTRATION PROJECTS
Sec. 301. Declaration of purpose; organization.
PUBLIC LAW 102-569— OCT. 29, 1992
106 STAT. 4345
c. 302. Training.
303. Community rehabilitation programs for individuals with disabilities,
c. 304. Loan guarantees.
;. 305. Comprehensive rehabilitation centers.
306. General grant and contract requirements.
:. 307. Authorization of appropriations for special projects and supplementary
services.
:. 308. Special demonstration programs.
:. 309. Migratory workers.
;. 310. Special recreational programs.
TITLE IV— NATIONAL COUNCIL ON DISABILITY
:. 401. Establishment of National Council on Disability.
;. 402. Duties of National Council.
:. 403. Condensation of National Council members.
:. 404. Stan of National Council.
:. 405. Administrative powers of National Council.
:. 406. Authorization of appropriations.
TITLE V— RIGHTS AND ADVOCACY
c. 501. Rights and advocacy.
:. 502. Effect on existing law.
c. 503. Enmioyment of individuals with disabilities.
:. 504. References to the Architectural and Transportation Barriers Compliance
Board.
:. 505. Employment under Federal contracts.
:. 506. Nondiscrimination under Federal grants and programs.
:. 507. Secretarial responsibilities.
c;. 508. Interagency Disability Coordinating Council.
;. 509. Electronic and information technology accessibility guidelines.
:. 510. Protection and advocacy of individual rights.
TITLE VI— EMPLOYMENT OPPORTUNITIES FOR INDIVIDUALS WITH
DISABILITIES
subtitle A — Community Service Employment Pilot Program for Individuals With
Disabilities
c. 601. Pilot program.
c. 602. Treatment of personal assistance services costs,
c;. 603. Definitions.
604. Authorization of appropriations.
Subtitle B — ^Projects With Industry
:. 611. Projects With Industry.
612. Business opportunities for individuals with disabilities.
613. Authorization of appropriations.
Subtitle C — Supported Employment Services for Individuals With Severe
Disabilities
c. 621. Supported employment.
TITLE VII— INDEPENDENT LIVING SERVICES AND CENTERS FOR
INDEPENDENT LIVING
c. 701. Services and centers.
:. 702. Effective date.
s. 703. Independent living services for older individuals who are blind.
TITLE VIII— SPECIAL DEMONSTRATIONS AND TRAINING PROJECTS
801. Special demonstrations and training projects.
TITLE DC— AMENDMENTS TO OTHER ACTS
Subtitle A — Helen Keller National Center
:. 901. Congressional findings.
:. 902. Continued operation of Center.
:. 903. Audit, monitoring, and evaluation.
;. 904. Authorization of appropriations.
:. 905. Definitions.
906. Construction of Act, effect on agreements.
)6 STAT. 4346
PUBLIC LAW 102-569— OCT. 29, 1992
Sec. 907. Establishment of a program.
Sec. 908. Technical and confomung amendments.
Subtitle B — Other Programs
Sec. 911. Committee for Purchase From People Who Are Blind or Severely Dis*
abled.
Sec. 912. Individuals With Disabilities Education Act.
Sec. 913. Technology*Related Assistance for Individuals With Disabilities Act of
1988.
Sec. 914. President’s Committee on Employment of People With Disabilities.
SEC. 2. KEFEKENCES.
Except as otherwise specifically provided, whenever in this
Act an amendment or repeal is expressed in terms of an amendment
to, or a repeal of, a section or other provision, the reference shall
be considered to be made to a section or other provision of the
^habilitation Act of 1973 (29 U.S.C. 701 et seq.).
TITLE I— ADMINISTRATION AND VOCA¬
TIONAL REHABILITATION SERVICES
Subtitle A — ^Administration
SEC. 101. FINDINGS AND PURPOSE.
Section 2 (29 U.S.C. 701) is amended to read as follows:
“FINDINGS; PURPOSE; POLICY
“Sec. 2. (a) Findings. — Congress finds that —
“(1) millions of Americans have one or more physical or
mental disabilities and the number of Americans with such
disabilities is increasing;
“(2) individuals with disabilities constitute one of the most
disadvantaged groups in society;
“(3) disability is a natural part of the human experience
and in no way diminishes the right of individuals to —
“(A) live independently;
“(B) enjoy self-determination;
“(C) make choices;
“(D) contribute to society;
“(E) pursue meaningful careers; and
“(F) enjoy full inclusion and integration in the eco¬
nomic, political, social, cultural, and educational main¬
stream of American society;
“(4) increased employment of individuals with disabilities
can be achieved through the provision of individualized train¬
ing, independent living services, educational and support serv¬
ices, and meaningf^ opportunities for emplojiment in
integrated work settings through the provision of reasonable
accommodations;
“(5) individuals with disabilities continually encounter var¬
ious forms of discrimination in such critical areas as employ¬
ment, housing, public accommodations, education, transpor¬
tation, communication, recreation, institutionalization, health
services, voting, and public services; and
“(6) the goals ot the Nation properly include the goal of
providing individuals with disabilities with the tools necessary
to —
PUBLIC LAW 102-569— OCT. 29, 1992
106 STAT. 4347
“(A) make informed choices and decisions; and
“(B) achieve equality of opportunity, full inclusion and
integration in society, employment, independent living, and
economic and socim self-sufficiency, for such individuals.
“(b) Purpose. — ^The purposes of this Act are —
“(1) to empower individuals with disabilities to maximize
employment, economic self-sufficiency, independence, and inclu¬
sion and integration into society, through —
“(A) comprehensive and coordinated state-of-the-art
programs of vocational rehabilitation;
“(B) independent living centers and services;
“(C) research;
“(D) training;
“(E) demonstration projects; and
“(F) the guarantee of equal ^portunity; and
“(2) to ensure that the Federal Government plays a leader¬
ship role in promoting the employment of inmviduals with
disabilities, especially individuals with severe disabilities, and
in assisting States and providers of services in fulfilling the
aspirations of such individuals with disabilities for meaningful
and gainful employment and independent living.
“(c) Policy. — It is the policy of the United States that all
grams, projects, and activities receiving assistance under this
^t shall be carried out in a manner consistent with the principles
“(1) respect for individual dignity, personal responsibility,
self-determination, and pursuit of meanin^ul careers, based
on informed choice, of individuals with disabilities;
“(2) respect for the privacy, rights, and equal access (includ¬
ing the use of accessible formats), of the individuals;
“(3) inclusion, integration, and full participation of the
individuals;
“(4) support for the involvement of a parent, a family
member, a guardian, an advocate, or an authorized representa¬
tive if an individu^ with a disability requests, desires, or
needs such support; and
“(5) support for individual and systemic advocacy and
community involvement.”.
1C. 102. DEFINITIONS.
(a) Designated State Agency. — Section 7(3) (29 U.S.C. 706(3))
amended —
(1) by redesignating subparagraphs (A) and (B) as clauses
(i) and (ii), respectively; and
(2) by striking “(3?’ and inserting the following:
“(3)(A) The term ‘designated State agency* means an agency
isignated under section lOl(aXlXA).
(b) Establishment of a Community Rehabilitation Pro-
lAM. — Section 7(4) (29 U.S.C. 706(4)) is amended —
(1) by striking “rehabilitation facility each place the term
appears and inserting “community rehabilitation program”;
(2) by striking “means” and inserting “includes”; and
(3) by striking “such facilities)” and inserting “facilities
for community rehabilitation programs)”.
(c) Employment Outcome. — Section 7(6) (29 U.S.C. 706(6))
amended to read as follows:
)6 STAT. 4348
PUBLIC LAW 102-569— OCT. 29, 1992
“(6) The term ‘employment outcome’ means, with respect to
an individual, entering or retaining full-time or, if appropriate,
part-time competitive emplo5rment in the inte^ated labor market
(including satisf3ang the vocational outcome of supported employ¬
ment) or satisfying any other vocational outcome the Secretary
may determine, consistent with this Act.”.
(d) DRUG.-^ection 7 (29 U.S.C. 706) is amended —
(1) by striking paragraph (5);
(2) by redesignating paragraphs (4) and (6) as paragraphs
(6) and (6), respectively;
(3) by inserting paragraph (6) (as so redesignated by para¬
graph (2) of this subsection) before paragraph (7);
(4) by redesignating paragraph (22) as paragraph (4); and
(5) by inserting paragraph (4) (as so redesignated by para¬
graph (4) of this subsection) after paragraph (3).
(e) Federal Share.— Section 7(7) (29 U.S.C. 706(7)) is
amended —
(1) in subparagraph (A), by striking “80 percent” and insert¬
ing “78.7 percent”;
(2) by striking subparagraph (B);
(3) Iw redesignating subparagraphs (C) and (D) as subpara¬
graphs (B) and (C), respectively; and
(4) in subparagraph (B) Us redesignated by paragraph
(3) of this subsection), by striking “section 301(b)(3)” each place
the term appears and inserting “section 111(a)(3)”.
(f) Individual With Disabilities. — Section 7(8) (29 U.S.C.
706(8)) is amended —
(1) in subparagraph (A) —
(A) by striking “handicaps” and inserting “a disability”;
(B) in clause (i) —
(i) by striking “disability’ and inserting “impair¬
ment”; and
(ii) by striking “handicap” and inserting “impedi¬
ment”; and
(C) in clause (ii) —
(i) by striking “reasonably be expected to”;
(ii) by striking “employability” and inserting “an
emplo3nment outcome”; and
(iii) by striking “titles I and III” and inserting
“titles I, II, III,VI,andVIH”;
(2) in subparagraph (B) —
(A) by striking “(C) and (D)” and inserting “(C), (D),
(E), and (F)”;
(B) by striking “handicaps” and inserting “a disability”;
and
(C) by striking “titles IV and V” and inserting “sections
2, 14, and 15, and titles IV and V”;
(3) in subparagraph (C) —
(A) in clause (i), by striking “handicaps” and inserting
“a disability”;
(B) in clause (ii), by striking “handicaps” and inserting
“a disability”;
(C) in clause (iv) —
(i) by striking “handicapped student” and inserting
“student who is an individual with a disability and*^
and
PUBLIC LAW 102-569— OCT. 29, 1992
106 STAT. 4349
(ii) by striking “nonhandicapped students” and
inserting “students who are not individuals with
disabilities”; and
(D) in clause (v) by striking “handicaps” and inserting
“a disability’; and
(4) by adding at the end the following:
“(E) For the purposes of sections 501, 503 and 504 —
“(i) for purposes of the application of subparagraph (B)
to such sections, the term ‘impairment’ does not include homo¬
sexuality or bisexuality; and
“(ii) therefore the term ‘individual with a disability does
not include an individual on the basis of homosexuality or
bisexuality.
“(F) For the purposes of sections 501, 503, and 504, the term
idividual with a disability does not include an individual on
le basis of —
“(i) transvestism, transsexualism, pedophilia, exhibition¬
ism, voyeurism, gender identity disorders not resulting from
physical impairments, or other sexual behavior disorders;
“(ii) compulsive gambling, kleptomania, or pyromania; or
“(iii) psychoactive substance use disorders resulting from
current illegal use of drugs.”.
(g) Nonprofit.— Section 7(10) (29 U.S.C. 706(10)) is amended
jr striking “with respect to a rehabilitation facility, means a
jhabilitation facility owned and operated by’ and inserting “with
aspect to a commimity rehabilitation program, means a community
jhabilitation program carried out by’.
(h) Personal Assistance Services.— Section 7 (29 U.S.C. 706)
1 amended —
(1) by striking paragraph (13);
(2) by redesignating paragraphs (11) and (12) as paragraphs
(12) and US), respectively; and
(3) by inserting after paragraph (10) the following:
“(11) The term ‘personal assistance services’ means a ranjge
f services, provided by one or more persons, designed to assist
ti individual with a Usability to perform daily living activities
a or off the job that the individual would typically perform if
le individual did not have a disability. Such services shall be
esigned to increase the individual’s control in life and ability
) perform everyday activities on or off the job.”.
(i) Rehabilitation Technology.— Section 7(13) (29 U.S.C.
06(13)) (as so redesignated by subsection (h)(2)) is amended —
(1) by striking “rehabilitation engineering” and inserting
“rehabilitation technology’; and
(2) by adding at the end the following: “The term includes
rehabilitation engineering, assistive technology devices, and
assistive technology services.”.
(j) Individual With a Severe Disability. — Section 7(15) (29
F.S.C. 706(15)) is amended —
(1) in subparagraph (A) —
(A) by striWng “subparagraph (B)” and inserting
“subparagraph (B) or (C)”;
(B) in clause (i) —
(i) by striking “disability’ and inserting “impair¬
ment”; and
(ii) by striking “employability’ and inserting “an
emplo5maient outcome”; and
)6 STAT. 4350
PUBLIC LAW 102-569— OCT. 29, 1992
(C) in clause (iii), by striking “evaluation of rehabilita¬
tion potential” and inserting “assessment for determining
eligibility and vocational rehabilitation needs described in
subparagraphs (A) and (C) of paragraph (22)”; and
(2) by striking subparagraph (B) and inserting the follow¬
ing:
“(B) For purposes of title VII, the term ‘individual with a
severe disability^ means an individual with a severe physical or
mental impairment whose ability to function independently in the
family or community or whose ability to obtain, maintain, or
advance in employment is substantially limited and for whom the
delivery of independent living services will improve the ability
to function, continue functioning, or move towards functioning
independently in the family or community or to continue in employ¬
ment, respectively.
“(C) For purposes of section 13 and title II, the term ‘individual
with a severe disability includes an individual described in subpara¬
graph (A) or (B).”.
(k) State. — Section 7(16) (29 U.S.C. 706(16)) is amended to
read as follows:
“(16) The term ‘State’ includes, in addition to each of the
several States of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, the United States Virgin Islands,
Guam, American Samoa, the Commonwealth of the Northern Mari¬
ana Islands, and the Republic of Palau (until the Compact of Free
Association with Palau takes effect).”.
(l) Supported Employment.— Section 7(18) (29 U.S.C. 706(18))
is amended to read as follows:
“(18)(A) The term ‘supported employment’ means competitive
work in integrated work settings for individuals with the most
severe disabilities —
“(i)(I) for whom competitive emplo5maient has not tradition¬
ally occurred; or
“(II) for whom competitive emplo5maient has been inter¬
rupted or intermittent as a result of a severe disability; and
“(ii) who, because of the nature and severity of their disabil¬
ity, need intensive supported emplo5maient services or extended
services in order to perform such work.
“(B) Such term includes transitional emplo3rment for persons
who are individuals with the most severe disabilities due to mental
illness.”.
(m) Public or Nonprofit. — Section 7(19) (29 U.S.C. 706(19))
is amended to read as follows:
“(19) The term ‘public or nonprofit’, with respect to an agency
or organization, includes an Indian tribe.”.
(n) Additional Definitions.— Section 7 (29 U.S.C. 706) (as
amended by subsection (d)(4)) is amended by adding at the end
the following new paragraphs:
“(22) The term ‘assessment for determining eligibility and voca¬
tional rehabilitation needs’ means, as appropriate in each case—
“(A)(i) a review of existing data —
“(I) to determine whether an individual is eligible for
vocational rehabilitation services; and
“(II) to assign the priority described in section
101(a)(5)(A) in the States that use an order of selection
pursuant to section 101(a)(5)(A); and
r
PUBLIC LAW 102-569— OCT. 29, 1992 106 STAT. 4351
“(ii) to the extent additional data is necessary to make
such determination and assignment, a preliminary assessment
of such data (including the provision of goods and services
during such assessment);
“(B) to the extent additional data is necessary, a com¬
prehensive assessment (including the administration of the
assessment) of the unique strengths, resources, priorities,
interests, and needs, including the need for supported employ¬
ment, of an eligible individual to make a determination of
the goals, objectives, nature, and scope of vocational rehabilita¬
tion services to be included in the individualized written
rehabilitation program of the individual, which comprehensive
assessment —
“(i) is limited to information that is necessary to iden¬
tify the rehabilitation needs of the individual and to develop
the rehabilitation program of the individual;
“(ii) uses, as a primary source of such information,
to the maximum extent possible and appropriate and in
accordance with confidentiality requirements —
“(I) existing information; and
“(II) such information as can be provided bj'^ the
individual and, where appropriate, by the family of
the individual;
“(iii) may include, to the degree needed to make such
a determination, an assessment of the personality,
interests, interpersonal skills, intelligence and related func¬
tional capacities, educational achievements, work experi¬
ence, vocational aptitudes, personal and social adjustments,
and employment opportunities of the individual, and the
medical, psychiatric, psychological, and other pertinent
vocational, educational, cultur^, social, recreational, and
environmental factors, that affect the employment and
rehabilitation needs of the individual; and
“(iv) may include an appraisal of the patterns of work
behavior of the individual and services needed for the
individual to acquire occupational skills, and to develop
work attitudes, work habits, work tolerance, and social
and behavior patterns necessary for successful job perform¬
ance, including the utilization of work in real job situations
to assess and develop the capacities of the individual to
perform adequately in a work environment; and
“(C)(i) referral;
“(ii) where appropriate, the provision of rehabilitation tech¬
nology services to an individual with a disability to assess
and develop the capacities of the individual to perform in a
work environment; and
“(iii)(I) the provision of vocational rehabilitation services
to an individual for a total period not in excess of 18 months
for the limited purpose of making determinations regarding
whether an individual is eligible lor vocational rehabilitation
services and regarding the nature and scope of vocational
rehabilitation services needed for such individual; and
“(II) an assessment at least once in every 90-day period
during which such services are provided, of the results of the
provision of such services to an individual to ascertain whether
any of the determinations described in subclause (I) may be
)6 STAT. 4352
PUBLIC LAW 102-569— OCT. 29, 1992
“(23) The term ‘assistive technology device’ has the meaning
given such term in section 3(1) of the Technology-Related Assistance
for Individuals With Disabilities Act of 1988 (29 U.S.C. 2202(1)),
except that the reference in such section to the term ‘individuals
with disabilities’ shall be deemed to mean more thsin one individual
with a disability as defined in paragraph (8)(A).
“(24) The term ‘assistive technology service’ has the meaning
given such term in section 3(2) of the Technology-Related Assistance
for Individuals With Disabilities Act of 1988 (29 U.S.C. 2202(2)),
except that the reference in such section —
“(A) to the term ‘individual with a disability’ shall be
deemed to mean an individual with a disability, as defined
in paragraph (8)(A); and
“(B) to the term ‘individuals with disabilities’ shall be
deemed to mean more than one such individual.
“(25) The term ‘community rehabilitation program’ means a
program that provides directly or facilitates the provision of voca¬
tional rehabilitation services to individuals with disabilities, and
that provides, singly or in combination, for an individual with
a disability to enable the individual to maximize opportunities
for employment, including career advancement —
“(A) medical, psychiatric, psychological, social, and voca¬
tional services that are provided under one management;
“(B) testing, fitting, or training in the use of prosthetic
and orthotic devices;
“(C) recreational therapy;
“(D) physical and occupational therapy;
“(E) speech, language, and hearing therapy;
“(F) psychiatric, psychological, and social services, including
positive behavior management;
“(G) assessment for determining eligibility and vocational
rehabilitation needs;
“(H) rehabilitation technology;
“(I) job development, placement, and retention services;
“(J) evaluation or control of specific disabilities;
“(K) orientation and mobility services for individuals who
are blind;
“(L) extended employment;
“(M) psychosocial rehabilitation services;
“(N) supported employment services and extended services;
“(O) services to family members when necessary to the
vocational rehabilitation of the individual;
“(P) personal assistance services; or
“(Q) services similar to the services described in one of
subparagraphs (A) through (P).
“(26) The term ‘disability means —
“(A) except as otherwise provided in subparagraph (B),
a physical or mental impairment that constitutes or results
in a substantial impediment to employment; or
“(B) for purposes of sections 2, 14, and 15, and titles II,
III, IV, y, and VIII, a physical or mental impairment that
substantially limits one or more major life activities.
“(27) The term ‘extended services’ means ongoing support serv¬
ices and other appropriate services, needed to support and maintain
£in individual wi^ the most severe disability in supported employ¬
ment, that —
PUBLIC LAW 102-569— OCT. 29, 1992
106 STAT. 4353
“(A) £ire provided singly or in combination and are orga¬
nized and made available in such a way as to assist an eligible
individual in maintaining integrated, competitive employment;
“(B) £ire based on a determination of the needs of an eligible
individual, as specified in an individualized written rehabilita¬
tion program; and
“(C) are provided by a State agency, a nonprofit private
organization, employer, or any other appropriate resource, after
an individual has made the transition from support provided
by the designated State unit.
“(28)(A) The term ‘impartial hearing officer’ means an
iividual —
“(i) who is not an employee of a public agency (other than
an administrative law judge, hearing examiner, or employee
of an institution of higher education);
“(ii) who is not a member of the State Rehabilitation
Advisory Council described in section 105;
“(iii) who has not been involved in previous decisions
regarding the vocational rehabilitation of the applicant or client;
“(iv) who has knowlec^e of the delivery of vocational
rehabilitation services, the State plan under section 101, and
the Federal and State rules governing the provision of such
services and training with respect to the performance of official
duties; and
“(v) who has no personal or financial interest that would
be in conflict with the objectivity of the individual.
“(B) An individual shall not be considered to be an employee
a public agency for purposes of subparagraph (A)(i) solely because
B individual is paid by the agency to serve as a hearing officer.
“(29) The term ‘independent living core services’ means —
“(A) information and referral services;
“(B) independent living skills training;
“(C) peer counseling (including cross-disability peer coun¬
seling); and
“(D) individual and systems advocacy.
“(30) The term ‘independent living services’ includes —
“(A) independent living core services; and
“(B)(i) counseling services, including psychological, psycho¬
therapeutic, and related services;
“(ii) services related to securing housing or shelter, includ¬
ing services related to community group living, and supportive
of the purposes of this Act and of the titles of this Act, and
adaptive housing services (including appropriate accommoda¬
tions to and modifications of any space used to serve, or occu¬
pied by, individuals with disabilities);
“(iii) rehabilitation technology;
“(iv) mobility training;
“(v) services and training for individuals with cognitive
and sensory disabilities, including life skills training, and inter¬
preter and reader services;
“(vi) personal assistance services, including attendant care
and the training of personnel providing such services;
“(vii) surveys, directories, and other activities to identify
appropriate housing, recreation opportunities, and accessible
transportation, and other support services;
“(viii) consumer information programs on rehabilitation and
independent living services available under this Act, especially
16 STAT. 4354
PUBLIC LAW 102-569— OCT. 29, 1992
for minorities and other individuals with disabilities who have
traditionally been unserved or underserved by programs under
this Act;
"(ix) education and training necessary for living in a
community and participating in community activities;
“(x) supported living;
"(xi) transportation, including referral and assistance for
such transportation;
“(xii) physical rehabilitation;
“(xiii) therapeutic treatment;
“(xiv) provision of needed prostheses and other appliances
and devices;
, “(xv) individual and group social and recreational services;
“(xvi) training to develop skills specifically designed for
youths who are individuals with disabilities to promote self-
awareness and esteem, develop advocacy and self-empowerment
skills, and explore career options;
“(xvii) services for children;
“(xviii) services under other Federal, State, or local pro-
gr£ims designed to provide resources, training, counseling, or
other assistance, of substantial benefit in enhancing the
independence, productivity, and quality of life of individuals
with disabilities;
“(xix) appropriate preventive services to decrease the need
of individuals assisted under this Act for similar services in
the future;
“(xx) community awareness programs to enhance the
understanding and integration into society of individuals with
disabilities; and
“(xxi) such other services as may be necessary and not
inconsistent with the provisions of this Act.
“(31XA) The term ‘individuals with disabilities’ means more
than one individual with a disability.
“(B) The term ‘individuals with severe disabilities’ means more
than one individual with a severe disability.
“(C) The term ‘individuals with the most severe disabilities’
means more than one individual with the most severe disability.
“(32) The term ‘institution of higher education’ has the meaning
given the term in section 1201(a) of the Higher Education Act
of 1965 (20 U.S.C. 1141(a)).
“(33) The term ‘ongoing support services’ means services —
“(A) provided to individuals with the most severe disabil¬
ities;
“(B) provided, at a minimum, twice monthly —
“(i) to m^e an assessment, regarding the employment
situation, at the worksite of each such individual in sup¬
ported employment, or, under special circumstances, espe¬
cially at the request of the client, off site; and
“(ii) based on the assessment, to provide for the
coordination or provision of specific intensive services, at
or away from the worksite, that are needed to maintain
employment stability; and
“(C) consisting of—
“(i) a particularized assessment supplementary to the
comprehensive assessment described in paragraph (22XB);
“(ii) the provision of skilled job trainers who accompany
the individual for intensive job skill training at the work
site;
“(iii) job development and placement;
“(iv) social skills training;
“(v) regular observation or supervision of the individ¬
ual;
“(vi) followup services such as regular contact with
the employers, the individuals, the parents, family mem¬
bers, guardians, advocates, or authorized representatives
of the individuals, and other suitable professional and
informed advisors, in order to reinforce and stabilize the
job placement;
“(vii) facilitation of natural supports at the worksite;
“(viii) any other service identified in section 103; or
“(ix) a service similar to another service described in
this subparagraph.
“(34) The term ‘supported employment services’ means ongoing
pport services and other appropriate services needed to support
d maintain an individual with the most severe disability in
pported employment, that —
“(A) are provided singly or in combination and are orga¬
nized and made available in such a way to assist an eligible
individual in entering or maintaining integrated, competitive
emplo’^ent;
“(B) are based on a determination of the needs of an eligible
individual, as specified in an individualized written rehabilita¬
tion program; and
“(C) are provided by the designated State imit for a period
of time not to extend beyond 18 months, unless under special
circumstances the eligible individual and the rehabilitation
counselor or coordinator jointly agree to extend the time in
order to achieve the rehabilitation objectives identified in the
individualized written rehabilitation program.
“(35) The term ‘transition services’ means a coordinated set
activities for a student, designed within an outcome-oriented
)cess, that promotes movement from school to post school activi-
s, including post secondary education, vocational training,
egrated employment (including supported employment), continu-
; £ind adult education, adult services, independent living, or
nmunity participation. The coordinated set of activities shall
based upon the individual student’s needs, taking into accovmt
3 student’s preferences and interests, and shall include instruc-
n, community experiences, the development of employment and
ler post school adult living objectives, and, when appropriate,
luisition of daily living skills and functional vocational evalua-
n.”.
(o) Technical Amendment.— Section 101 (29 U.S.C. 721) is
tended —
(1) by striking “clause” each place the term appears and
inserting “paragraph”;
(2) by striking “subclause” each place the term appears
and inserting “subparagraph”; and
(3) by striking “clauses” and inserting “paragraphs”.
(p) Conforming Amendments; Individuals With Disabil-
JJ3 — —
(1) The title of the Act (29 U.S.C. 701 et seq.) is amended —
STAT. 4356
PUBLIC LAW 102-569— OCT. 29, 1992
(A) by striking “those with the most severe handicaps**
and inserting “individuals with the most severe disabil¬
ities”; and
(j3) by striking “individuals with handicaps” each place
such term appears and inserting “individuals with disabil¬
ities”.
(2) The table of contents relating to the Act is amended —
(A) by striking the item relating to section 501 and
inserting the following:
“Sec. 501. Employment of individuals with disabilities.”;
(B) by striking the item relating to the title heading
for title VI and inserting the following:
“TITLE VI— EMPLOYMENT OPPORTUNITIES FOR INDIVIDUALS WITH
DISABILITIES”;
and
(C) by striking the item relating to the part heading
for part A of title VI and inserting the following:
‘Tart A— Community Service Employment Programs for Individuals With
Disabilities”.
(3) Section 7 (29 U.S.C. 706) is amended —
(A) in paragraph (13) (as so redesignated by subsection
(h)(2)) by strikmg “handicaps” and inserting “disabilities**;
(B) in paragraph (16)(A) —
(i) by striking “severe handicaps” and inserting
“a severe disability*; and
(ii) by striking “handicaps (as defined in paragraph
(8))” and inserting “a disability”; and
(C) in para^aph (17) by striking “handicaps” and
inserting “disabilities”.
(4) The last sentence of section 13 (29 U.S.C. 712) is amend¬
ed by striking “handicaps” and inserting “disabilities”.
(5) Section 14(a) (29 U.S.C. 713(a)) is amended by striking
“handicaps” and inserting “disabilities”.
(6) Section 15 (29 U.S.C. 714) is amended —
(A) in subsections (a) and (b) by striking “handicaps”
each place such term appears and inserting “disabilities”;
(B) in subsection (a)(2) by striking “handicapping condi¬
tions” and inserting “disabilities”; and
(C) in subsection (c) by striking “the Handicapped”
and inserting “Individuals with Disabilities”.
(7) Section 101(a) (29 U.S.C. 721(a)) is amended —
(A) in paragraph (1)—
(i) by striking “handicaps” each place such term
appears and inserting “disabilities”;
(ii) in subparagraph (A)(i) —
(I) by striking “the blind” each place such term
appears and inserting “individuals who are blind”;
and
(II) by striking “the adult blind” and inserting
“adults who are blind”; and
(iii) in subparagraph (B), by striking “the blind”
and inserting “individuals who are blind”;
(B) in para^aph (2)(B) by striking “the blind” and
inserting “individuals who are blind”;
PUBLIC LAW 102-569— OCT. 29, 1992
106 STAT. 4357
(C) in paragraphs (2), (4), (5), (6), (10), (11), (12), (21),
and in the matter preceding paragraph (16), by striking
“handicaps” each place such term appears and inserting
“disabilities”;
(D) in parawaph (9) by striking “handicaps” and insert¬
ing “a Usability’;
(E) in paragraph (13)(B) by striking “with handicaps
whose handicapping conditions arises from a disability sus¬
tained” and inserting “with a disability whose disability
was sustained”;
(F) in paragraph (20) —
(i) by striking “American Indians with handicaps”
and inserting “American Indisms who are individuals
with disabilities”; and
(ii) by striking “individuals with handicaps” and
inserting “individuals with disabilities”; and
(G) in paragraph (22) —
(i) by strikng “the deaf’ and inserting “individuals
who are de£if ’; and
(ii) by striking “handicaps” and inserting “disabil¬
ities”.
(8) Subsections (c) and (d) of section 102 (29 U.S.C. 722
(c) and (d)) are amended by striking “handicaps” and inserting
“a disabilit}^’.
(9) Section 103 (29 U.S.C. 723) is amended —
(A) in the matter preceding para^aph (1) in subsection
(a), and in subsection (b)(2), by striking “handicaps” and
inserting “a disability”;
(B) except as provided in subparagraph (A), by striking
“handicaps” each place such term appears and inserting
“disabilities”;
(C) in subsection (a) —
(i) in subparagraph (E) of paragraph (4), by strik¬
ing “suffering from” and inserting “with”;
(ii) in paragraph (6), by striking “deaf individuals”
and inserting “individuals who are deaf’; and
(iii) in paragraph (8), by striking “the blind” and
inserting “individuals who are blind”; and
(D) in subsection (b)(4) —
(i) by striking “the blind” and inserting “individ¬
uals who are blind”; and
(ii) by striking “the deaf’ and inserting “individuals
who are deaf’.
(10) Section 112 (29 U.S.C. 732) is amended by striking
“handicaps” each place such term appears and inserting
“disabilities”.
(11) Section 130 (29 U.S.C. 750) is amended —
(A) in subsections (a) and (b)(1)(B) by striking “Amer¬
ican Indians with handicaps” and inserting “American
Indians who are individuals with disabilities”; and
(B) in subsection (bXl)(B) by striking “individuals with
handicaps” and inserting “individuals with disabilities”.
(12) Section 202 (29 U.S.C. 761a) is amended —
(A) by striking “handicaps” each place such term
appears and inserting “disabilities”; and
(B) in subsection (c)(1) by striking “the Handicapped”
and inserting “Disability^’.
106 STAT. 4358
PUBLIC LAW 102-569— OCT. 29, 1992
(13) Subsections (b) and (c) of section 203 (29 U.S.C. 761b
(b) and (c)) are amended by striking “handicaps” each place
such term appears and inserting “disabilities”.
(14) Section 204 (29 U.S.C. 762) is eimended —
(A) in subsection (b) —
(i) in paragraph (4), by striking “individuals suffer¬
ing from” and inserting “individuals with”;
(ii) in paragraph (8) —
(I) by striking “children with handicaps” and
inserting “children who are individuals with
disabilities”; and
(II) by striking “American Indians with handi¬
caps” and inserting “American Indians who are
individuals with disabilities”;
(iii) in para^aph (10), by striking “deaf individ¬
uals” and inserting “individuals who are deaf’; and
(iv) in paragraph (11) —
(I) by striking “children with handicaps” and
inserting “children who are individuals with
disabilities”; and
(II) by striking “children with severe handi¬
caps” each place such term appears and inserting
“children who are individuals with severe disabil¬
ities”; and
(B) except as provided in subparagraph (A), by striking
“handicaps” each place such term appears and inserting
“disabilities”.
(15) Section 300 (29 U.S.C. 770) is amended —
(A) in paragraph (2) by striking “handicaps” and insert¬
ing “disabilities”; and
(B) in paragraph (3) —
(i) by striking “individuals with handicaps” each
place such term appears and inserting “individuals
with disabilities”;
(ii) by striking “older blind individuals, and deaf
individuals” and inserting “older individuals who are
blind, and individuals who are deaf’;
(iii) by striking “workers with handicaps” and
inserting “workers who are individuals with disabil¬
ities”; and
(iv) by striking “farmworkers with handicaps” and
inserting “farmworkers who are individuals with
disabilities”.
(16) Section 302 (29 U.S.C. 772) is amended —
(A) in the section heading, by striking “HANDICAPS”
£md inserting “disabilities”; and
(B) in subsections (b) and (c) by striking “handicaps”
each place such term appears and inserting “disabihties”.
(17) Section 303(a) (29 U.S.C. 773(a)) is amended by strik¬
ing “handicaps” and inserting “disabilities”.
(18) Section 304 (29 U.S.C. 774) is amended —
(A) by striking “handicaps” each place such term
appears and inserting “disabilities”; and
(B) in subsection (b)(2)(B), by striking “handicap” and
inserting “disability”.
(19) Section 305(a) (29 U.S.C. 775(a)) is amended—
PUBLIC LAW 102-569— OCT. 29, 1992
106 STAT. 4359
(A) in paragraph (1), by striking “hsindicaps” each place
such term appears and inserting “disabilities”; and
(B) in paragraph (2) by striking “the deaf’ and insert¬
ing “individuals who are deaf’.
(20) Subsections (f) and (h) of section 306 (29 U.S.C. 776
(f) and (h)) are amended by striking “handicaps” each place
such term appears and inserting “disabilities”.
(21) Section 311 (29 U.S.C. 777a) is amended —
(A) in subsection (a), by striking “handicaps” each place
such term appears and inserting “disabilities”;
(B) in subsection (c)(1), by striking “with handicaps”
and inserting “who are individuals with disabilities”;
(C) in subsection (d)(3), by striking “handicaps” and
inserting “disabilities”; and
(D) in subsection (e) —
(i) in paragraph (1), by striking “with severe handi¬
caps” £ind inserting “who are individuals with severe
disabilities”; and
(ii) in paragraph (4)(B), by striking “youths with
severe handicaps and youths with mild handicaps” and
inserting “youths who are individuals with severe
disabilities and other youths with disabilities”.
(22) Section 312 (29 U.S.C. 777b) is amended by striking
“handicaps” each place such term appears and inserting
“disabilities”.
(23) Section 314 (29 U.S.C. 777d) is amended—
(A) in the section heading, by striking “THE BLIND”
and inserting “INDIVIDUALS WHO ARE BLIND”;
(B) in subsection (a)(1), by striking “blind persons”
and inserting “individuals who are blind and”;
(C) in subsection (a)(2) —
(i) by striking “available to blind persons” and
inserting “available to individuals who are blind”;
(ii) by striking “needs of blind persons” and insert¬
ing “needs of such individuals”; and
(iii) by striking “to assist blind persons” and insert¬
ing “to assist such individuals”; and
(D) in paragraphs (1), (2), (5), and (6) of subsection
(c), by strilung “blind persons” and inserting “individuals
who are blind”.
(24) Section 315 (29 U.S.C. 777e) is amended —
(A) in the section heading, by striking “the deaf”
and inserting “INDIVIDUALS vrao ARE deaf”;
(B) in subsection (a), by striking “deaf individuals”
each place such term appears and inserting “individuals
who are deaf’;
(C) in subsection (b)(1), by striking “to the maximum
number of deaf individuals feasible” and inserting “to the
maximum feasible number of individuals who are deaf*;
(D) in subsection (c), by striking “deaf individuals”
each place such term appears and inserting “individuals
who are deaf’; and
(E) in subsection (d), by striking “deaf individuals”
and inserting “individuals who are deaf and”.
(25) Section 316(a)(1) (29 U.S.C. 777f(aXl)) is amended—
106 STAT. 4360
PUBLIC LAW 102-569— OCT. 29, 1992
(A) by striking “individuals with handicaps” each place
such term appears and inserting “individuals with disabil¬
ities”; and
(B) by striking “peers without handicaps” and inserting
“peers who are not individuals with disabilities”.
(26) Section 400(a) (29 U.S.C. 780(a)) is amended by strik¬
ing “handicaps” each place such term appears and inserting
“disabilities”.
(27) Section 401(a) (29 U.S.C. 781(a)) is amended —
(A) in paragraph (4), by striking “individuals with
handicaps and” each place such term appears; and
(B) in paragraphs (5), (6), and (7), by striking “handi¬
caps” each place such term appears and inserting “disabil¬
ities”.
(28) Section 403(a)(1) (29 U.S.C. 783(a)(1)) is amended by
striking “handicaps” and inserting “disabilities”.
(29) Section 501 (29 U.S.C. 791) is amended —
(A) in the section heading, by striking “HANDICAPS”
and inserting “disabilities”;
(B) in subsection (a), by striking “Handicapped Employ¬
ees” and inserting “Employees who are Individuals with
Disabilities”;
(C) in subsections (a), (b), (c), (d), and (f), by striking
“individuals with handicaps” each place such term appears
and inserting “individuals with disabilities”; and
(D) in subsection (b), by striking “employees with
handicaps” and inserting “employees who are individuals
with disabilities”.
(30) Subsections (a), (c), (g), and (h) of section 502 (29
U.S.C. 792 (a), (c), (g), and (h)) are amended by striking “handi¬
caps” each place such term appears and inserting “disabilities”.
(31) Section 503 (29 U.S.C. 793) is amended —
(A) in subsection (a), by striking “handicaps as defined
in section 7(8)” and inserting “disabilities”; and
(B) in subsection (b) —
(i) by striking “individual with handicaps” and
inserting “individual with a disability^’; and
(ii) by striking “individuals with handicaps” each
place such term appears £ind inserting “individuals
with disabilities”.
(32) Section 504 (29 U.S.C. 794) is amended in subsection
(a) —
(A) by striking “handicaps” and inserting “a disability”;
and
(B) by striking “handicap” and inserting “disability”.
(33) Title VI is eimended in the title heading by striking
“HANDICAPS” and inserting “DISABILITIES”.
(34) Section 601 (29 U.S.C. 701 note) is amended by striking
“Handicaps” and inserting “Disabilities”.
(35) Part A of title VI is amended in the part heading,
by striking “Handicaps” and inserting “Disabilities”.
(36) Subsections (a) and (b) of section 611 (29 U.S.C. 795
(a) and (b)) are amended by striking “handicaps” each place
such term appears and inserting “disabilities”.
(37) Section 615(a)(1) (29 U.S.C. 795d(a)(l)) is amended
by striking “handicaps” and inserting “disabilities”.
PUBLIC LAW 102-569— OCT. 29, 1992
106 STAT. 4361
(38) Section 616(2) (29 U.S.C. 795e(2)) is amended, by
striking ‘liandicaps” and inserting “disabilities”.
(39) Section 622 (29 U.S.C. 795h) is amended —
(A) in the section heading, by striking “handicaps”
and inserting “disabilities”; and
(B) by striking “handicaps” and inserting “disabilities”.
SEC. 103. ALLOTMENT PERCENTAGE.
Section 8(aXl) (29 U.S.C. 707(a)(1)) is £imended —
(1) by strildng “The” and inserting “For purposes of section
110, the”; and
(2) by striking “and the Trust Territory of the Pacific
Islands” and inserting “and the Republic of Palau (imtil the
Compact of Free Association with Palau takes effect)”.
SEC. 104. NONDUPUCATION.
The second sentence of section 10 (29 U.S.C. 709) is amended
by striking “rehabilitation facilities” and inserting “community
rehabilitation programs”.
SEC. 106. ADMINISTRATION OF THE ACT.
(a) Training. — Section 12(a)(2) (29 U.S.C. 711(a)(2)) is amended
by inserting before the semicolon the following: “, including training
for the personnel of community rehabilitation programs, centers
for independent living, and other providers of services (including
job coaches)”.
(b) Issuance of Regulations.— Section 12 (29 U.S.C. 711)
is amended —
(1) by redesignating subsection (d) as subsection (f); and
(2) by inserting after subsection (c) the following:
“(d) The Secretary shall promulgate regulations regarding the
requirements for the implementation of an order of selection for
vocational rehabilitation services under section 101(a)(5)(A) if such
services cannot be provided to all eligible individuals with disabil¬
ities who apply for such services.
“(e)(1) Not later than 120 days after the date of the enactment
of the Rehabilitation Act Amendments of 1992, the Secretary shall
receive public comment and promulgate regulations establishing
criteria pertaining to the selection of vocational rehabilitation serv¬
ices, and of vocational rehabilitation services providers, by an
individual with a disability, consistent with the individualized writ¬
ten rehabilitation program of the individual under section 102.
“(2) Regulations under paragraph (1) shall include the following:
“(A) Procedures that States must adopt to ensure that
the services provided under this Act are of sufficient scope
and quality, that the costs of such services and the length
of time such services are provided are reasonable, and that
such services £ire available in a timely manner.
“(B) Procedures that prevent fraud, waste, and abuse.
“(C) Procedures to assure that services are provided in
the most integrated settings.
“(D) Procedures to assure that rehabilitation providers com¬
ply with State ^arantees, such as —
“(i) affirmative action procedures with respect to the
employment of individuals with disabilities;
“(ii) standards governing community rehabilitation pro¬
grams and qualified personnel utilized for the provision
of vocational rehabilitation services; and
106 STAT. 4362
PUBLIC LAW 102-569— OCT. 29, 1992
*^(111) minimum standards to ensure ^e availability
of personnel, to the maximum extent feasible, trained to
communicate in the native language or mode of communica¬
tion of the client.
‘'(E) Standards to be adhered to by providers to help ensure
the integrity of services.
“(F) Guidelines for assisting individuals with disabilities
and for providing information about available vocational
rehabilitation service providers, especially for assisting—
“(i) individu^s with costive and other disabilities
who, due to the nature of ^e disability, require support
and assistance in fully implementing tlie selection and
procurement of services; and
“(ii) the parents, family members, guardians, advo¬
cates, or authorized representatives of die individuals.’*.
SEC. 106. REPORTS.
The fourth sentence of section 13 (29 U.S.C. 712) is amended
by inserting “including t3n[}es of rehabilitation technology services
provided,” tdter “types of services provided,”.
SEC. 107. EVALUATION.
Section 14 (29 U.S.C. 713) is amended —
(IXA) by striking “Commissioner” the first place such term
appears and inserting “Secretary, in consultotion with the
Commissioner,”; and
(B) except as provided in subparagraph (A), by striking
“Commissioner” each place such term appears and inserting
“Secrecy”;
(2) in the third sentence of subsection (a) —
(A) by striking “program and” and inserting “pro¬
gram,”;
(B) by striking “and the characteristics” and inserting
“, the characteristics”; and
(C) by inserting before the period “, and the employ¬
ment outcomes to be attained”;
(3) in subsection (b) by striking “shall,” and all that follows
through “obtain” and inserting “sh^l obtain”; and
(4XA) by redesignating subsection (f) as subsection (g);
and
(B) by inserting after subsection (e) the following sub¬
section;
“(fXD To assess the linkages between vocational rehabilitation
services and economic and noneconomic outcomes, the Secretary
shall continue to conduct a longitudinal study of a national sample
of applicants for the services.
‘X2) The study shall address factors related to attrition and
completion of the program through which the services are provided
and factors within and outside the program affecting results. Appro¬
priate comparisons shall be used to contrast the experiences of
similar persons who do not obtain the services.
“(3) The study shall be planned to cover the period beginning
on the application of the inoividuals for the services, through the
elimbility determination and provision of services for the individ¬
uals, and a fiuther period of not less than 2 years after the termi¬
nation of services”.
PUBLIC LAW 102-569— OCT. 29, 1992
106 STAT. 4363
108. REVIEW OF APPUCATIONS.
(a) Transfers. — Section 16(b) (29 U.S.C. 715(b)) is amended
striking “one-half of’.
(b) Compensation. — Section 18 (29 U.S.C. 717) is amended
striking “the rate provided for grade GS-18 of the General
ledule under section 5332” and inserting “the daily equivalent
the rate of pay for level 4 of the Senior Executive Service
ledule under section 5382”.
109. CARRYOVER.
(a) In General. — ^The Act is amended by inserting after section
;29 U.S.C. 717) the following new section:
C. 19. CARRYOVER
“(a) In General. — Except as provided in subsection (b), and
withstanding any other provision of law, any funds appropriated
a fiscal year to carry out any grant prop*am under j)art B
C of title I, section 509, part C of title VI, or part B or C
chapter 1 of title VII, that are not obligated and expended
recipients prior to the beginning of the succeeding fiscal year
11 remain available for obligation and expenditure by such recipi-
s during such succeeding fiscal year.
“(b) Non-Federal Share. — Such funds shall remain available
obligation and expenditure by a recipient as provided in sub-
Ion (a) only to the extent that the recipient complied with
Federal share requirements applicable to the program for the
al year for which the funds were appropriated.”.
(b) Technical Amendment.— The table of contents relating
the Act is amended by inserting after the item relating to
^ion 18 the following:
. 19. Carryover.”.
;. 110. CLIENT assistance information.
(a) In General. — ^The Act is amended by inserting after section
as added by section 109(a)) the following new section:
C. 20. CLIENT ASSISTANCE INFORMATION.
“All programs, including community rehabilitation pro^ams,
i projects, that provide services to individuals with disabilities
Ler this Act shall advise such individuals, or the parents, family
nbers, guardians, advocates, or authorized representatives of
individuals, of the availability and purposes of the client assist-
e program imder section 112, including information on means
eking assistance under such program.”.
(b) Technical Amendment. — ^The table of contents relating
the Act is amended by inserting after the item relating to
:ion 19 (as added by section 109(b)) the following:
. 20. Client assistance information.”.
!. 111. TRADITIONALLY UNDERSERVED POPULATIONS.
(a) In General. — ^The Act is amended by inserting after section
as added by section 110(a)) the following section:
C. 21. TRADITIONALLY UNDERSERVED POPULATIONS.
“(a) Findings. — ^With respect to the programs authorized in
3S n through VIII, the Con^ss finds as follows:
“(1) ^CIAL PROFILE.— The racial profile of America is rap¬
idly changing. While the rate of increase for white Americans
29 use 718a.
29 use 718b.
106 STAT. 4364
PUBLIC LAW 102-569— OCT. 29, 1992
is 3.2 percent, the rate of increase for racial and ethnic minori¬
ties is much higher: 38.6 percent for Latinos, 14.6 percent
for Afncan- Americans, and 40.1 percent for Asian-Americans
and other ethnic groups. By the year 2000, the Nation will
have 260,000,000 people, one of every three of whom will be
either African-American, Latino, or Asian-American.
“(2) Rate of disabiuty.— Ethnic and racial minorities tend
to have disabling conditions at a disproportionately high rate.
The rate of work-related disability for American Indians is
about one and one-half times that of the general population.
African-Americans are also one and one-half times more likely
to be disabled than whites and twice as likely to be severely
disabled.
“(3) Inequitable treatment.— Patterns of inequitable
treatment of minorities have been documented in all m^or
jxmctures of the vocational rehabilitation process. As compared
to white Americans, a larger percentage of African-American
applicants to the vocational rehabilitation system is denied
acceptance. Of applicants accepted for service, a larger percent¬
age of African-American cases is closed without being rehabili¬
tated. Minorities are provided less training than their white
counterparts. Consistently, less money is spent on minorities
than on their white counterparts.
“(4) Recruitment. — Recruitment efforts within vocational
rehabilitation at the level of pre-service training, continuing
education, and in-service training must focus on bringing larger
numbers of minorities into the profession in order to provide
appropriate practitioner knowledge, role models, and sufficient
manpower to address the clearly changing demography of voca¬
tional rehabilitation.
“(b) Outreach to Minorities.—
“(1) Policy. — ^The Commissioner shall develop a policy to
mobilize the resources of the Nation to prepare minorities for
careers in vocational rehabilitation, independent living, and
related services.
“(2) Focus. — ^This policy shall focus on —
“(A) the recruitment of minorities into the field of
vocational rehabilitation coimseling and related disciplines;
and
“(B) financially assisting Historically Black Colleges
and Universities, Hispanic-serving institutions of higher
education, and other institutions of higher education whose
minority enrollment is at least 50 percent to prepare stu¬
dents for vocational rehabilitation and related service
careers.
“(3) Plan.—
“(A) Development. — ^The Commissioner shall develop
a plan to provide outreach services and other related activi¬
ties (such as cooperative efforts) to the entities described
in subparagraph (B) in order to enhance the capacity and
increase the participation of such entities in competitions
for grants, contracts, and cooperative agreements under
titles I through VIII.
“(B) Entities. — ^The entities referred to in subpara¬
graph (A) are —
“(i) Historically Black Colleges and Universities,
Hispanic-serving institutions of higher education, and
PUBLIC LAW 102-569— OCT. 29, 1992
106 STAT. 4365
other institutions of higher education whose minority
student enrollment is at least 50 percent;
"(ii) nonprofit and for-profit agencies at least 51
percent owned or controlled by one or more minority
individuals; and
"(iii) underr^resented populations.
“(C) Funding. — ^For the purpose of implementing the
J>lan required in subparagraph (A), the Commissioner shall,
or each of the fiscal years 1993 through 1997, expend
1 percent of the funds appropriated for the fiscal year
involved for carrying out programs authorized in titles
II through VIII of this Act, except programs authorized
under title IV or V.
“(3) Effort. — ^The Commissioner shall exercise the utmost
authority, resourcefulness, and diligence to meet the require¬
ments of this section.
“(4) Report.—
“(A) In general. — Not later than January 31 of each
year, starting with fiscal year 1994, the Commissioner
shall prepare and submit to Congress a final report on
the progress toward meeting the goals of this section during
the preceding fiscal year.
“(B) Contents. — ^The report shall include —
“(i) a full explanation of any progress toward meet¬
ing the goals of tnis section; and
“(ii) a plan to meet the goals, if necessary.
“(5) Demonstration. — In awarding grants, contracts, or
cooperative a^eements under titles I, II, III, VI, VII, and
VIII, and section 509, the Commissioner and the Director of
the National Institute on Disability and Rehabilitation
Research, where appropriate, shall require applicants to dem¬
onstrate how the^ will address, in whole or in part, the needs
of individuals with disabilities from minority backgrounds.”,
(b) Technical Amendment.— The table of contents relating
o the Act is amended by inserting after the item relating to
ection 20 (as added by section 110(b)) the following item:
Sec. 21. Traditionally underserved populations.”.
Subtitle B — ^Vocational Rehabilitation
Services
lEC. 121. POUCY; AUTHORIZATION OF APPROPRIATIONS.
(a) Findings; Purpose; Policy.— Section 100 (29 U.S.C. 720)
3 amended —
(1) in the section heading, by striking “purpose” and insert¬
ing “policy”; and
(2) by striking subsection (a) and inserting the following:
“(aXl) Congress finds that —
“(A) work —
“(i) is a valued activity, both for individuals and society;
and
“(ii) fulfills the need of an individual to be productive,
promotes independence, enhances self-esteem, and allows
106 STAT. 4366
PUBLIC LAW 102-569— OCT. 29, 1992
“(B) as a group, individuals with disabilities experience
staggering levels of unemployment and poverty;
“(C) individuals with disabilities, including individuals with
the most severe disabilities, have demonstrated their ability
to achieve gainful emplo3nment in integrated settings if appro¬
priate services and supports are provided;
“0) reasons for the significant nximber of individuals with
disabilities not working, or working at a level not commensurate
with their abilities and capabilities, include —
“(i) discrimination;
“(ii) lack of accessible and available transportation;
“(iii) fear of losing health coverage under the medicare
and medicaid programs under titles XVIII and XIX of the
Social Security Act (42 U.S.C. 1395 et seq. and 1396 et
seq.) or fear of losing existing private health insurance;
and
“(iv) lack of education, training, and supports to meet
job qualification standards necessary to enter or retain
or advance in emplo3nment;
“(E) enforcement of title V and of the Americans with
Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) holds the
promise of ending discrimination for individuals with disabil¬
ities; and
“(F) the provision of vocational rehabilitation services can
enable individuals with disabilities, including individuals with
the most severe disabilities, to pursue meaningful careers by
securing gainful emplo3nment commensurate with their abilities
and capabilities.
“(2) The purpose of this title is to assist States in operating
a comprehensive, coordinated, effective, efficient, and accountable
program of vocational rehabilitation that is designed to assess,
plan, develop, and provide vocational rehabilitation services for
individuals with disabilities, consistent with their strengths,
resources, priorities, concerns, abilities, and capabilities, so that
such individuals may prepare for and engage in gainful emplo3rment.
“(3) It is the policy of the United States that such a program
shall be carried out in a manner consistent with the mllowing
principles:
“(A) Individuals with disabilities, including individuals with
the most severe disabilities, are generally presumed to be
capable of engaging in gainful employment and the provision
of individualized vocational rehabilitation services can improve
their ability to become gainfully employed.
“(B) Individuals with disabilities must be provided the
opportimities to obtain gainful employment in integrated set¬
tings.
“(C) Individuals with disabilities must be active partici¬
pants in their own rehabilitation programs, including making
meaningful and informed choices about the selection of their
vocational goals and objectives and the vocational rehabilitation
services they receive.
“(D) Families and natural supports can play an important
role in the success of a vocational rehabilitation program, if
the individual with a disability requests, desires, or needs
such supports.
“(E) Qualified vocational rehabilitation counselors, other
qualified rehabilitation personnel, and other qualified personnel
PUBLIC LAW 102-569— OCT. 29, 1992
106 STAT. 4367
facilitate the accomplishment of the employment goals and
objectives of an individual.
“(F) Individuals with disabilities and their advocates are
full partners in the vocational rehabilitation pro^am and must
be involved on a regular basis and in a meaning^l manner
with respect to policy development and implementation.
“(G) Accountability measures must facilitate and not
impede the accomplishment of the goals and objectives of the
program, including providing vocational rehabilitation services
to, among others, inmviduals with the most severe disabilities.”.
(b) Reauthorization.— Section 100 (29 U.S.C. 720) is
ended —
(1) by amending subsection (b) to read as follows:
“(b)(i) For the purpose of making grants to States under part
other than grants under section 112) to assist States in meeting
1 costs of vocational rehabilitation services provided in accordance
h State plans under section 101, there are authorized to be
}ropriatea such sums as may be necessarv for fiscal years 1993
ough 1997, except that the amount to be appropriated for a
:al year shall not be less than the amount of the appropriation
ier this subsection for the immediately preceding fiscal year,
s the amount of the Consumer Price Index addition determined
ier subsection (c) for the immediately preceding fiscal year.
“(2) There are authorized to be appropriated to carry out part Appropriation
such sums as may be necessary for fiscal years 1993 through authorization.
)7.”;
(2) in subparaOTaphs (A) and (B) of subsection (c)(2), by
striking “authorized to be appropriated under subsection (bXl)
for the subsequent fiscal year is the amount authorized to
be” each place the term appears and inserting “to be appro¬
priated under subsection (b) for the subsequent fiscal year
shall be at least the amount”; and
(3) in subsection (d)(1)(B) —
(A) by striking “1992” the first place the term appears
and inserting “1997”; and
(B) by striking “or the amount authorized to be appro¬
priated for such program for fiscal year 1992, whichever
is higher,”.
(c) Table of Contents. — The table of contents relating to
s Act is amended by striking the item relating to section 100
i inserting the following:
:. 100. Declaration of policy; authorization of appropriations.”.
122. STATE PLANS.
(a) Period. — The first sentence of section 101(a) (29 U.S.C.
L(a)) is amended by striking “for a three-year period” and all
it follows and inserting the following: “for a 3-year period, or
ill submit the plan on such date, and at such regular intervals,
the Secretary may determine to be appropriate to coincide with
i intervals at which the State submits State plans under other
eral laws, such as part B of the Individuals with Disabilities
ucation Act (20 U.S.C. 1411 et seq.). In order to be eligible
participate in programs under this title, a State, upon the request
the Commissioner, shall make such annual revisions in the
n as may be necessary.”.
(b) State Agency. — Section 101(a)(lXA) (29 U.S.C.
L(a)(lXA)) is amended —
106 STAT. 4368
PUBLIC LAW 102-569— OCT. 29, 1992
(1) by striking “and” at the end of clause (i); and
(2) by inserting before the semicolon at the end the follow¬
ing; and (iii) in tile case of American Samoa, the appropriate
State agency shall be the Governor of American Samoa”.
(c) Plans; Policies; Methods. — Section 101(a)(5) (29 U.S.C.
721(a)(5)) is amended —
(1) in subparagraph (A) —
(A) by striking “existing rehabilitation facilities to the
maximum extent feasible;” and inserting “commimity
rehabilitation programs to the maximum extent feasible,
an explanation of the methods by which the State will
provide vocational rehabilitation services to all individuals
with disabilities within the State who are eligible for such
services,”; and
(B) in clause (ii), by inserting before “and shall be
consistent” the following: “in accordance with criteria estab¬
lished by the State,”;
(2) in subparagraph (B), by inserting before the semicolon
the following: including the use of funds under part C of
title VI to supplement funds under part B of this title to
pay for the cost of services leading to supported employment”;
and
(3) by striking subparagraph (C) and inserting the follow¬
ing:
“(C) describe —
“(i) how a broad range of rehabilitation technology services
will be provided at each stage of the rehabilitation process;
“(ii) how a broad range of such rehabilitation technology
services will be provided on a statewide basis; and
“(iii) the training that will be provided to vocational
rehabilitation counselors, client assistance personnel, and other
related services personnel;”.
(d) Program Compliance.— Section 101(a)(6)(B) (29 U.S.C.
721(a)(6)(B)) is amended by inserting before the semicolon at the
end the following; “, with section 504 of this Act, and with the
Americans with Disabilities Act of 1990”.
(e) Personnel.— Section 101(a)(7) (29 U.S.C. 721(a)(7)) is
amended to read as follows;
“(7)(A) include a description (consistent with the purposes of
this Act) of a comprehensive system of personnel development,
which shall include —
“(i) a description of the procedures and activities the State
agency will undertake to ensure an adequate supply of qualified
State rehabilitation professionals and paraprofessionals for the
designated State unit, including the development and mainte¬
nance of a system for determining, on an annual basis —
“(I) the number and type of personnel that are
employed by the State agency in the provision of vocational
rehabilitation services, including ratios of counselors to
clients; and
“(II) the number and t3q)e of personnel needed by the
State, and a projection of the numbers of such personnel
that will be needed in 5 years, based on projections of
the number of individuals to be served, the number of
such personnel who are expected to retire or leave the
field, and other relevant factors;
PUBLIC LAW 102-569— OCT. 29, 1992
106 STAT. 4369
“(ii) where appropriate, a description of the manner in
which activities will be undertaken through this section to
coordinate the system of personnel development with personnel
development imder the Individuals with Disabilities Education
Act (20 U.S.C. 1400 et seq.);
“(iii) a description of the development and maintenance
of a system of determining, on an annual basis, information
on the institutions of higher education within the State that
are preparing rehabilitation professionals, including —
“(I) the numbers of students enrolled in such programs;
and
“(II) the number who graduated with certification or
licensure, or with credentials to qualify for certification
or licensure, during the past year;
“(iv) a description of the development, updating, and
implementation of a plan that —
“(I) will address the current and projected vocational
rehabilitation services personnel training needs for the des¬
ignated State unit; and
“(II) provides for the coordination and facilitation of
efforts between the designated State unit and institutions
of higher education (as defined in section 1201(a) of the
Higher Education Act of 1965 (20 U.S.C. 1141(a))) and
professional associations to recruit, prepare and retain
qualified personnel, including personnel from minority
backgrounds, and personnel who are individuals with
disabilities; and
“(v) a description of the procedures and activities the State
agency will undertake to ensure that all personnel employed
by the designated State unit are appropriately and adequately
trained and prepared, including —
“(I) a system for the continuing education of rehabili¬
tation professionals and paraprofessionals within the
designated State unit, particularly with respect to
rehabilitation technology; and
“(II) procedures for acquiring and disseminating to
rehabilitation professionals and paraprofessionals within
the designated State unit significant knowledge from
research and other sources, including procedures for pro¬
viding training regarding the amendments to the Re¬
habilitation Act of 1973 made by the Rehabilitation Act
Amendments of 1992;
“(B) set forth policies and procedures relating to the establish¬
ment and maintenance of standards to ensure that personnel,
including professionals and paraprofessionals, needed within the
State agency to carry out this part are appropriately and adequately
prepared and trained, including —
“(i) the establishment and maintenance of standards that
are consistent with any national or State approved or recog¬
nized certification, licensing, registration, or other comparable
requirements that apply to the area in which such personnel
are providing vocational rehabilitation services; and
“(ii) to the extent such standards are not based on the
highest requirements in the State applicable to a specific profes¬
sion or discipline, the steps the State is taking to require
the retraining or hiring of personnel within the designated
4370
PUBLIC LAW 101i-5b9--O(jr. l»az
State unit that meet appropriate professional requirements in
the State; and
“(C) contain provisions relating to the establishment and
maintenance of minimum standards to ensure the availability of
personnel within the designated State unit, to the maximum extent
feasible, trained to communicate in the native langpiage or mode
of communication of the client;”.
(f) Availability of Comparable Services and Benefits.—
Section 101(a)(8) (29 U.S.C. 721(a)(8)) is amended by striking
“except that” and all that follows and inserting “except that such
a determination shall not be required —
“(A) if the determination would delay the provision of such
services to any individual at extreme medical risk; or
“(B) prior to the provision of such services if an immediate
job placement would be lost due to a delay in the provision
of such comparable benefits;”.
(g) Use of Existing Information. — Section 101(a)(9) (29
U.S.C. 721(a)(9)) is amended—
(1) by redesignating subparagraphs (A) through (C) as sub-
paraCTaphs (B) through (D), respectively;
(2) by striking “(9) provide that” and inserting “(9) provide
that—
“(A) to the maximum extent appropriate, and consistent
with the requirements of this Act, existing information available
from other programs and providers (particularly information
used by education officials and the Social Security Administra¬
tion) and information that can be provided by the individual
with a disability or the family of the individual shall be used
for purposes of determining eligibility for vocational rehabilita¬
tion services and for choosing rehabilitation goals, objectives,
and services;”;
(3) in subparagraphs (B), (C), and (D) (as so redesimated
by paragraph (1) of this subsection), by indenting the subpara¬
graphs to the same measure as subpara^aph (A); and
(4) in subparagraphs (B) and (C) (as so redesignated), by
striking the comma at the end and inserting a semicolon.
(h) Reports.— Section 101(a)(10) (29 U.S.C. 721(a)(10)) is
amended —
(1) by inserting “(A)” after the paragraph desimation;
(2) in subparagraph (A) (as so designated by para^aph
(1) of this subsection), by adding “and” after the semicolon
at the end; and
(3) by adding at the end the following subparagraph:
“(B) provide that reports imder subparagrapn (A) will include
information on —
“(i) the number of such individuals who are evaluated
and the number rehabilitated;
“(ii) the costs of administration, counseling, provision of
direct services, development of community rehabilitation pro¬
grams, and other functions carried out under this Act; and
“(iii) the utilization by such individuals of other programs
pursuant to paragraph (11);”.
(i) Interagency Cooperation.— Section 101(a)(ll) (29 U.S.C.
721(a)(ll)) is amended —
(1) by striking “(11) provide for entering into cooperative
arrangements” and inserting “(11)(A) provide for interagency
cooperation”;
PUBLIC LAW 102-569— OCT. 29, 1992
106 STAT. 4371
(2) in subpari^aph (A) (aa so designated by paragraph
(1) of this subsection) by striking and the Carl O. Perkins
Vocational Education Act);” and inserting "(20 U.S.C. 1400
et seq.), the Carl D. Perkins Vocational and Applied Technology
Education Act (20 U.S.C. 2301 et seq.), and the Act entitled
*An Act to create a Committee on iWchases of Blind-made
Products, and for other purposes’, approved June 25, 1938
(commonly known as the Wagner-O’Day Act; 41 U.S.C. 46 et
seq.);”; and
(3) by adding at the end the following:
"(B) provide that cooperation under subparagraph (A) shall
ude, to the extent practicable, means for providing training
itafT of the agencies described in subparagraph (A) as to the
liability and tenefits of, and eligibility standards for, vocational
ibilitation services, in order to enhance the opportunity of
viduals receiving the services described in subparagraph (A)
btain vocational rehabilitation services; and
"(C) in providing for interagency cooperation under subpara-
;>h (A), provide for such cooperation by means including, if
ropriate —
"(i) establishing; interagency working groups; and
"(ii) entering into formal interagency cooperative agree¬
ments that —
"(I) identify policies, practices, and procedures that
can be coordinated among the agencies (particularly defini¬
tions, standards for eligibility, the joint sharing and use
of evaluations and assessments, and procedures mr making
referrals);
"(U) identify available resources and define the finan¬
cial responsibility of each agency for paying for necessary
services (consistent with State law) and procedures for
resolving disputes between agencies; and
"(III) include all additional components necessary to
ensure meaningful cooperation and coordination;”.
(j) Community Rehabilitation Programs.— Section 101(aX12)
U.S.C. 721(aX12)) is amended —
(1) in subparagraph (A), by striking "facilities” and insert¬
ing “pro^ams”; and
(2) in subparagraph (B), by striking "rehabilitation facili¬
ties” and inserting "community rehabilitation programs”.
(k) Continuing Statewide Studies.— Section 101(a) (29 U.S.C.
[a)) is amended —
(1) in the matter preceding paragraph (16) by striking
“provide for continuing” and inserting “(15) provide for continu¬
ing”; and
(2) in paragraph (15) (as so designated by paragraph (1)
of this subsection)-—
(A) in subparagraph (A), by striking “conducting”;
(B) in subpara^aph (B)—
(i) by stril^g “capacity and condition of rehabilita¬
tion facilities, plans for improving such facilities,” and
insertmg “capacity and effectiveness of community
rehabilitation programs, plans for improving such pro¬
grams,”; and
(ii) by striking “and” after the semicolon at the
end;
106 STAT. 4372
PUBLIC LAW 102-569— OCT. 29, 1992
(C) in subparaOTaph (C), by inserting “and” after the
semicolon at the end; and
(D) by adding at the end the following subparagraph
“(D) outreach procedures to identify and serve individuals
with disabilities who are minorities and individuals witt
Usabilities who have been unserved or underserved by the
vocational rehabilitation system;”.
(l) Review and Efforts. — Section 101(a)(16) (29 U.S.C
721(aX16)) is amended to read as follows;
“(16) provide for —
“(A)(i) at least annual review and reevaluation of the statue
of each individual with a disability placed in an extended
emplo)rment setting in a community rehabilitation program
(inclumng a workshop) or other emplo)rment under section 14(c]
of tile Fair Labor Standards Act (29 U.S.C. 214(c)), to determine
the interests, priorities, and needs of the individual for employ¬
ment, or training for competitive employment, in an integrated
setting in the labor market; and
“(li) input into the review and reevaluation by the individ¬
ual with a disability, or, in an appropriate case, a parent,
a family member, a guardian, an advocate, or an authorized
representative, of the individual, if the individual requests,
desires, or needs assistance;
“(B) maximum efforts, including the identification of voca¬
tional rehabilitation services, reasonable accommodations, and
other support services, to enable such an individual to benefit
from training or to be placed in employment in an integrated
setting; and
“(C) services designed to promote movement from extended
employment to integrated employment, including supported
emplo)rment, independent living, and community participa¬
tion;”.
(m) Construction.— Section 101(a)(17) (29 U.S.C. 721(a)(17))
is amended —
(1) in the matter preceding subparagraph (A), by striking
“where such State plan includes provisions lor the construction
of rehabilitation facilities” and inserting “if, under special cir¬
cumstances, the State plan includes provisions for the construc¬
tion of facilities for community rehabilitation programs”; and
(2) in subparagraph (C), by striking “rehaoilitation facili¬
ties” and inserting “facilities for community rehabilitation
programs”.
(n) Views Considered.— Section 101(a)(18) (29 U.S.C.
721(a)(18)) is amended by striking “and providers of vocational
rehabilitation services” and inserting “providers of vocational
rehabilitation services, and the Director of the client assistance
program under section 112”.
(o) Strategic Plan.— Section 101(a)(19) (29 U.S.C. 721{a)(19))
is amended by inserting before the semicolon the following; “, and
for developing and updating the strategic plan required under part
(p) Public Comment.— Section 101(a)(23) (29 U.S.C. 721(aX23))
is amended —
(1) in subparagraph (A), by inserting after “comment on
the State plan” the following; “before development of the plan
by the State”;
(2) by striking “and” before “(B)”; and
PUBLIC LAW 102-569— OCT. 29, 1992
106 STAT. 4373
(3) by inserting before the semicolon the following: and
(C) provide satisfactory assurances that the State agency will
consult with the Director of the client assistance program under
section 112 in the formulation of policies governing the provi¬
sion of vocational rehabilitation services consistent with the
State plan and other revisions”.
(q) Goals and Public Education. — Section 101(a)(24) (29
U.S.C. 721(a)(24)) is amended to read as follows:
“(24) contain plans, policies, and procedures to be followed
(including entering into a formal interagency cooperative agree¬
ment, in accordance with paragp'aph (ll)(C)(ii), with education
ofiici^s responsible for the provision of a free appropriate public
education to students who are individuals with disabilities) that
are designed to —
“(A) facilitate the development and accomplishment of—
“(i) long-term rehabilitation goals;
“(ii) intermediate rehabilitation objectives; and
“(iii) goals and objectives related to enabling a student
to live independently before the student leaves a school
setting,
to the extent the goals and objectives described in clauses
(i) through (iii) are included in an individualized education
program of the student, including the specification of plans
for coordination with the educational agencies in the provision
of transition services;
“(B) facilitate the transition from the provision of a free
appropriate public education under the responsibility of an
educational agency to the provision of vocational rehabilitation
services under the responsibility of the designated State unit,
including the specification of plans for coordination with edu¬
cational agencies in the provision of transition services author¬
ized under section 103(a)(14) to an individual, consistent with
the individualized written rehabilitation program of the individ¬
ual; and
“(C) provide that such plans, policies, and procedures will
address —
“(i) provisions for determining State lead agencies and
qualified personnel responsible for transition services;
“(ii) procedures for outreach to and identification of
youth in need of such services; and
“(iii) a timeframe for evaluation and followup of youth
who have received such services;”.
(r) Use of Supported Employment Funds.— Section 101(aX25)
(29 U.S.C. 721(aX25)) is amended to read as follows:
“(25) provide assurances satisfactory to the Secretary that the
State has an acceptable plan for carrying out part C of title VI,
including the use of funds under that part to supplement funds
under part B of this title for the cost of services leading to supported
employment;”.
(s) Additional State Plan Requirements.— Section 101(a)
(29 U.S.C. 721(a)) is amended by adding at the end the following
new paragraphs:
“(26) describe the manner in which on-the-job or other related
personal assistance services will be provided to assist individuals
with disabilities while the individuals are receiving vocational
rehabilitation services;
“(27) describe the manner in which cooperative agreements
with private nonprofit vocational rehabilitation service providers
will be established;
“(28) identify the needs and utilization of commimity rehabilita¬
tion programs under the Act commonly known as the Wagner-
O’Day Act (41 U.S.C. 46 et seq.);
“(29) describe the manner in which individuals with disabilities
will be given choice and increased control in determining their
vocational rehabilitation goals and objectives;
“(30) describe the manner in which students who are individ¬
uals with disabilities and who are not in special education programs
can access and receive vocational rehabilitation services, where
appropriate;
“(31) describe the manner in which assistive technology devices
and services will be provided, or worksite assessments will be
made as part of the assessment for determining eligibility and
vocational rehabilitation needs of an individual;
“(32) describe the manner in which the State will modify the
policies and procedures of the State based on consumer satisfaction
surveys conducted by the State Rehabilitation Advisory Council;
“(33) provide for coordination and working relationships with
the Statewide Independent Living Council established under section
705 and independent living centers within the State;
“(34) provide satisfactory assurances to the Commissioner that
the State —
“(A) has developed and implemented a strategic plan for
expanding and improving vocational rehabilitation services for
individuals with disabilities on a statewide basis in accordance
with part C of this title; and
“(B) will use at least 1.5 percent of the allotment of the
State under part B for the uses described in section 123;
“(35XA) describe how the system for evaluating the performance
of rehabilitation coimselors, coordinators, and other personnel used
in the State facilitates the accomplishment of the purpose and
policy of this title, including the policy of serving, among others,
individuals with the most severe disabilities; and
“(B) provide satisfactory assurances that the system in no way
impedes such accomplishment; and
“(36) provide satisfactory assurances to the Commissioner
that—
“(A)(i) the State has established a State Rehabilitation
Advisory Council that meets the criteria set forth in section
105;
“(ii) the designated State agency and the designated State
unit seek and seriously consider on a regular and ongoing
basis advice from the Council regarding the development and
implementation of the State plan and the stratemc plan and
amendments to the plans, and other policies and procedures
of general applicability pertaining to the provision of vocational
rehabilitation services in the State;
“(iii) the designated State agency includes, in its State
plan or an amendment to the plan, a summary of advice pro¬
vided by the Council, including recommendations from the
annual report of the Council, the survey of consumer satisfac¬
tion, and other reports prepared by the Council, and the
response of the designated State agency to such advice and
PUBLIC LAW 102-569— OCT. 29, 1992
106 STAT. 4375
recommendations (including explanations with respect to advice
and recommendations that were rejected); and
“(iv) the designated State unit transmits to the Council —
“(I) all plans, reports, and other information required
under the Act to be submitted to the Commissioner;
“(II) all policies, practices, and procedures of general
applicability provided to or used by rehabilitation person¬
nel; and
“(III) copies of due process hearing decisions, which
shall be transmitted in such a manner as to preserve
the confidentiality of the participants in the hearings;
“(B) an independent commission —
“(i) is responsible under State law for overseeing the
operation of the designated State agency;
“(ii) is consumer-controlled by persons who —
“(I) are individuals with physical or mental impair¬
ments that substantially limit major life activities; and
“(II) represent individuals with a broad range of
disabilities;
“(iii) includes individuals representing family members,
advocates, and authorized representatives of individuals
with mental impairments; and
“(iv) undertakes the function set forth in section
105(c)(3); or
“(C) in the case of a State that, under section 101(aXl)(A)(i),
designates a State agency to administer the part of the State
plan under which vocational rehabilitation services are provided
for individuals who are blind and designates a separate State
agency to administer the remainder of the State plan —
“(i) an independent commission is responsible under
State law for overseeing both such agencies and meets
the requirements of subparagraph (B)(ii); or
“(ii)(I) an independent commission is responsible under
State law for overseeing the first agency described in this
subparagraph and meets the requirements of subparagraph
(B)(ii); and
“(II) an independent commission is responsible under
State law for overseeing the second State agency described
in this subparagraph and is required by such State law
to be consumer-controlled by individuals who are blind
and to represent individuals who are blind.”.
(t) Technical Amendment. — Section 101 (29 U.S.C. 721) is
nended by striking subsections (c) and (d).
!C. 123. DETERMINATIONS OF ELIGIBILITY AND INDIVIDUALIZED
WRITTEN REHABILITATION PROGRAM.
(a) Eligibility.— Section 102(a) (29 U.S.C. 722(a)) is amended
read as follows:
“(a)(1) An individual is eligible for assistance under this title
the individual —
“(A) is an individual with a disability under section 7(8)(A);
and
“(B) requires vocational rehabilitation services to prepare
for, enter, engage in, or retain gainful employment.
“(2) An individual who has a disability or is blind as determined
rsuant to title II or title XVI of the Social Security Act (42
.S.C. 401 et seq. and 1381 et seq.) shall be considered to have —
Reports.
“(A) a physical or mental impairment which for such
individual constitutes or results in a substantial impediment
to employment under section 7(8)(A)(i); and
“(B) a severe physical or mental impairment which seri¬
ously limits one or more functional capacities in terms of an
employment outcome under section 7(15)(AXi).
“(3) Determinations made by officials of other agencies, particu¬
larly the education officials described in section 101(a)(24), regard¬
ing whether an individual satisfies one or more factors relating
to whether an individual is an individual with a disability under
section 7(8XA) or an individual with a severe disability under
section 7(15)(A), shall be used (to the extent appropriate and avail¬
able and consistent with the requirements under this Act) for mak¬
ing such determinations under tms Act.
“(4)(A) It shall be presumed that an individual can benefit
in terms of an empIo)ment outcome from vocational rehabilitation
services under section 7(8)(A)(ii), unless the designated State unit
can demonstrate by clear and convincing evidence that such individ¬
ual is incapable of benefiting from vocational rehabilitation services
in terms of an employment outcome.
“(B) In making the demonstration required under subparagraph
(A) with respect to cases in which the issue concerns the severity
of the disability of an individual, the designated State unit shall
first conduct an extended evaluation by providing the services
described in subparagraph (C)(iii)(I), and conducting the assessment
described in subparagraph (C)(iiiXII), of section 7(22).
“(5)(A) The designated State unit shall determine whether an
individual is eligible for vocational rehabilitation services under
this title within a reasonable period of time, not to exceed 60
days after the individual has submitted an application to receive
the services unless —
“(i) the designated State unit notifies the individual that
exceptional and unforeseen circumstances beyond the control
of the agency preclude the agency from completing the deter¬
mination wimin the prescribed time and the individual agrees
that an extension of time is warranted; or
“(ii) such an extended evaluation is required.
“(B) The determination of eligibility shall be based on the
review of existing data described in section 7(22XA)(i), and, to
the extent necessary, the preliminary assessment described in sec¬
tion 7(22XA)(iii).
“(6) liie designated State unit shall ensure that a determination
of ineligibility made with respect to an individual prior to the
initiation of an individualized written rehabilitation program, based
on the review, and to the extent necessary, the preliminary assess¬
ment, shall include specification of—
“(A) the reasons for such a determination;
“(B) the rights and remedies available to the individual,
including, if appropriate, recourse to the processes set forth
in subsections (dX2) and (d); and
“(C) the availability of services provided by the client assist¬
ance program under section 112 to the individual.”.
(b) Individualized Written Rehabilitation Program.— Sec¬
tion 102(b) (29 U.S.C. 722(b)) is amended —
(1) by striking paragraph (1) and inserting the following:
“(1)(A) As soon as a determination has been made that an
individual is eligible for vocational rehabilitation services, the des-
PUBLIC LAW 102-569— OCT. 29, 1992
106 STAT. 4377
plated State unit shall complete an assessment for determining
ligibiUty and vocational rehabilitation needs described in subpara-
raphs (B) and (C) of section 7(22) (if such assessment is necessary)
nd ensure that—
“(i) an individualized written rehabilitation program is
jointly developed, a^eed upon, and signed by —
“(I) such eligible individual (or, in an appropriate case,
a parent, a family member, a guardian, an advocate, or
an authorized representative, of such individual); and
“(II) the vocational rehabilitation counselor or coordina¬
tor; and
“(ii) such program meets the requirements set forth in
subparagraph (B).
“(B) Each individualized written rehabilitation program shall —
“(i) be designed to achieve the employment objective of
the individual, consistent with the unique strengths, resources,
priorities, concerns, abilities, and capabilities, of the individual;
“(ii) include a statement of the long-term rehabilitation
goals based on the assessment for determining eligibility and
vocational rehabilitation needs described in section 7(22XB),
including an assessment of career interests, for the individual,
which goals shall, to the maximum extent appropriate, include
placement in integrated settings;
“(iii) include a statement of the intermediate rehabilitation
objectives related to the attainment of such goals, determined
through such assessment carried out in the most individualized
and integrated setting (consistent with the informed choice
of the individual);
“(iv)(I) include a statement of the specific vocational
rehabilitation services to be provided, and the projected dates
for the initiation and the anticipated duration of each such
service;
“(II) if appropriate, include a statement of the specific
rehabilitation technology services to be provided to assist in
the implementation of intermediate rehabilitation objectives
and long-term rehabilitation goals for the individual; and
“(III) if appropriate, include a statement of the specific
on-the-job and related personal assistance services to be pro¬
vided to the individual, and, if appropriate and desired by
the individual, the training in mana^ng, supervising, and
directing personal assistance services to be provided to the
individual;
“(v) include an assessment of the expected need for
postemployment services and, if appropriate, extended services;
“(vi) provide for —
“(I) a reassessment of the need for postemployment
services and, if appropriate, extended services prior to the
point of successful rehabilitation, in accordance with this
subsection; and
“(II) if appropriate, the development of a statement
detailing how such services shall be provided or arranged
through cooperative agreements with other service
providers;
“(vii) include objective criteria and an evaluation procedure
and schedule for determining whether such goals and objectives
are being achieved;
STAT. 4378
PUBLIC LAW 102-569— (XIT. 29, 1992
“(viii) include the terms and conditions under which goods
and services described above will be provided to the individual
in the most intep'ated settings;
“(ix) identify the entity or entities that will provide the
vocational rehabilitation services and the process used to pro¬
vide or procure such services;
“(x) include a statement by the individual, in the words
of the individual (or, if appropriate, in the words of a parent,
a family member, a ^ardian, an advocate, or an authorized
representative, of the individual), describing how the individual
was informed about and involved in choosing among alternative
goals, objectives, services, entities providing such services, and
methods used to provide or procure such services;
“(xi) include, if necessary, an amendment specifying —
“(I) the reasons that an individual for whom a program
has l^en prepared is no longer eligible for vocational
rehabilitation services; and
“(II) the rights and remedies available to such an
individual including, if appropriate, recourse to the proc¬
esses set forth in subsections (b)(2) and (d);
“(xii) set forth the rights and remedies available to such
an in^vidual including, if appropriate, recourse to the processes
set forth in subsections (bX2) and (d);
“(xiii) provide a description of the availability of a client
assistance program establisned pursuant to section 112;
“(xiv) to the maximum extent possible, be provided in the
native language, or mode of communication, of the individual,
or, in an appropriate case, of a parent, a family member,
a guardian, an advocate, or an authorized representative, of
such individual; and
“(xv) include information identifying other related services
and benefits provided pursuant to any Federal, State, or local
program that will enhance the capacity of the individual to
achieve the vocational objectives of the individual.
“(C) The designated State unit shall furnish a copy of the
individualized written rehabilitation program and amendments to
the program to the individusd with a disability or, in an appropriate
case, a parent, a family member, a guardian, an advocate, or an
authorized representative, of the individual.”; and
(2) in paragraph (2), by inserting after the first sentence
the following: “Any revisions or amendments to the program
resulting from such review shall be incorporated into or affixed
to such program. Such revisions or amendments shall not take
effect until agreed to and signed by the individual with a
disability, or, if appropriate, by a parent, a family member,
a guardian, an advocate, or an authorized representative, of
such individual.”.
(c) Technical Amendments.— Section 102(c) (29 U.S.C. 722(c))
is amended —
(1) by striking “Commissioner shall also insure” and insert¬
ing “Ehrector of the designated State imit shall also ensure”;
and
(2) in paragraph (2), by striking “evaluation of rehabilita¬
tion potential” and inserting “assessment for detenniniiig
eligibfiity and vocational rehabilitation needs described in
subparagraphs (B) and (C) of section 7(22)”.
PUBLIC LAW 102-569— OCT. 29, 1992
106 STAT. 4379
(d) Selection of Impartial Hearing Officer.— Section 102(d)
29 U.S.C. 722(d)) is amended —
(1) in paragraph (2) —
(A) by inserting “(A)” after “(2)”; and
(B) by adding at the end the following:
“(B) The impartial hearing officer shall be selected to hear
particular case —
“(i) on a random basis; or
“(ii) by agreement between —
“(I) the Director of the designated State unit and the
individual with a disability; or
“(II) in an appropriate case, the Director and a parent,
a family member, a guardian, an advocate, or an authorized
representative, of such individual.
“(C) The impartial hearing officer shall be selected from among
pool of qualified persons identified jointly by —
“U) the designated State unit; and
“(ii)(I) the members of the State Rehabilitation Advisory
Council established under section 105 who were appointed
under one of subparagraphs (E) through (H) of section 105(b)(1);
“(II) the commission described in subparagraph (B) or (C)(i)
of section 101(a)(36); or
“(III) the commissions described in section
101(a)(36)(C)(ii).”;
(2) in paragraph (3), by striking subparagraph (C) and
inserting the following:
“(C)(i) The Director may not overturn or modify a decision
f an impartial hearing officer, or part of such a decision, that
upports the position of the individual unless the Director concludes,
ased on clear and convincing evidence, that the decision of the
idependent hearing officer is clearly erroneous on the basis of
eing contrary to Federal or State law, including policy.
“(ii) A final decision shall be made in writing by the Director
nd shall include a full report of the findings and the grounds
)r such decision.
“(iii) Upon making a final decision, the Director shall provide
copy of such decision to such individual.”;
(3) by redesignating paragraph (5) as para^aph (6); and
(4) by inserting after paragraph (4) the following:
“(5) Unless the individual with a disability so requests, or,
1 an appropriate case, a parent, a family member, a guardian,
n advocate, or an authorized representative, of such individual
0 requests, pending a final determination of such hearing or other
nal resolution under this subsection, the designated State unit
ball not institute a suspension, reduction, or termination of services
eing provided under the individualized written rehabilitation pro-
am, imless such services have been obtained through misrepresen-
ation, fraud, collusion, or criminal conduct on the part of the
idividual with a disability.”.
C. 124. SCOPE OF vocational REHABIUTATION SERVICES.
(a) In General.— Section 103(a) (29 U.S.C. 723(a)) is
ended —
(1) by striking paragraph (1) and inserting the following:
“(1) an assessment for determining eligibility and voca¬
tional rehabilitation needs by qualified personnel, including,
Reports.
STAT. 4380
PUBLIC LAW 102-569— OCT. 29, 1992
if appropriate, an assessment by personnel skilled in rehabilita¬
tion technology;”;
(2) in para^aph (2) —
(A) by striking “referral,”;
(B) by inserting “work-related” before “placement
services”;
(C) by inserting before “followup,” the^ following: “job
search assistance, placement assistance, job retention serv¬
ices, personal assistance services, and”;
(D) by striking “maintain or regain employment” and
inserting “maintain, regain, or advance in employment”;
and
(E) by striking “, and other services” and all that
follows through “under this Act”;
(3) in paragraph (3) —
(A) by striking “and services” and inserting “and such
services”; and
(B) by striking “: Provided, That” and inserting “,
except that”;
(4) in paragraph (4XA) —
(A) by striking “handicap to employment,” and insert¬
ing “impediment to employment,”; and
(B) by striking “substantially reduce the handicap”
and inserting “reduce such impediment to employment”;
(5) in paragraph (5), by striking “, not exceeding the esti¬
mated cost of subsistence, during rehabilitation” and inserting
“for additional costs incurred while participating in rehabilita¬
tion”;
(6) by striking “and” at the end of paragraph (11);
(7) in paragraph (12), by striking “engineering services.”
and inserting “technology services;”; and
(8) by adding at the end the following:
“(13) referrfid and other services designed to assist individ¬
uals with disabilities in securing needed services from other
agencies through agreements developed imder section
lOl(aXll), if such services are not available under this Act;
“(14) transition services that promote or facilitate the
accomplishment of long-term rehabilitation goals and inter¬
mediate rehabilitation objectives;
“(15) on-the-job or other related personal assistance services
provided while an individual with a disability is receiving serv¬
ices described in this section; and
“(16) supported employment services.”.
(b) Additional Vocational Rehabilitation Services. — Sec¬
tion 103(b) (29 U.S.C. 723(b)) is amended—
(1) in paragraph (1)—
(A) by striking “in the case” and inserting “In the
case”; and
(B) by striking the semicolon at the end and inserting
a period;
(2) in paragraph (2) —
(A) by striking “the construction” and all that follows
through “rehabilitation facilities)” and inserting the follow¬
ing: “The establishment, development, or improvement of
community rehabilitation programs, including, under spe¬
cial circumstances, the construction of a facility, and the
PUBLIC LAW 102-569— OCT. 29, 1992
106 STAT. 43
provision of other services (including services offered at
community rehabilitation programs)”;
(B) by striking the semicolon at the end and inserting
a period; and
(C) by adding at the end the following sentence: “Such
programs shall be used to provide services that promote
integration and competitive employment.”;
(3) in paragraph (SI¬
CA) by striking “the use of’ and inserting ‘The use
of’; and
(B) by striking “; and” and inserting a period;
(4) in paragraph (4), by striking “the use of’ and inserting
“The use or; and
(5) by adding at the end the following paragraph:
“(5) Technical assistance and support services to businesses
that are not subject to title I of the Americans with Disabilities
Act of 1990 (42 U.S.C. 12111 et seq.) and that are seeking
to employ individuals with disabilities,”.
SEC. 125. NON-FEDERAL SHARE FOR CONSTRUCTION.
Section 104 (29 U.S.C. 724) is amended —
(1) by striking “costs of construction or establishment of
a public or nonprofit rehabilitation facility” and inserting “costs
of establishment of a community rehabilitation program or
construction, under special circumstances, of a facility for such
a program”; and
(2) by striking “construction or establishment of a facility”
and inserting “establishment of such a program or construction
of such a facuit/’.
SEC. 126. STATE REHABILITATION ADVISORY COUNCIL.
(a) Amendment.— Part A of title I (29 U.S.C. 720 et seq.)
is amended by adding at the end the following:
“SEC. 105. STATE REHABIUTATION ADVISORY COUNCIL.
“(a) Establishment.—
“(1) In general. — Except as provided in subparagraph (B)
or (C) of section 101(aX36), to be eligible to receive financial
assistance under this title a State shall establish a State
Rehabilitation Advisory Council (referred to in this section as
the ‘Council’) in accordance with this section.
“(2) Separate agency for individuals who are blind.—
A State that designates a State agency to administer the part
of the State plan under which vocational rehabilitation services
are provided for individuals who are blind under section
101(a)(l)(A)(i) may establish a separate Council in accordance
with this section to perform the auties of such a Council with
respect to such State agency.
“(b) Composition and Appointment.—
“(1) Composition. — ^The Council shall be composed of—
“(A) at least one representative of the Statewide
Independent Living Council established under section 705,
which representative may be the chairperson or other des¬
ignee of the Council;
“(B) at least one representative of a parent training
and information center established pimsuant to section
63 1(c)(9) of the Individuals with Disabilities Education Act
( 0 U. . . 143 1( )(9)):
29 use 726.
“(C) at least one representative of the client assistance
program established under section 112;
“(D) at least one vocational rehabilitation counselor,
with knowledge of and experience with vocational
rehabilitation programs, who shall serve as an ex officio,
nonvoting member of the Council if the counselor is an
employee of the designated State agency;
“(E) at least one representative of community
rehabilitation program service providers;
“(F) four representatives of business, industry, and
labor;
“(G) representatives of disability advocacy groups rep¬
resenting a cross section of —
“(i) individuals with physical, cognitive, sensory,
and mental disabilities; and
“(ii) parents, family members, j^ardians, advo¬
cates, or authorized representatives of individuals with
disabilities who have difficulty in representing them¬
selves or are unable due to their disabilities to rep¬
resent themselves; and
“(H) current or former applicants for, or recipients
of, vocational rehabilitation services.
“(2) Ex OFFICIO MEMBER.— The Director of the designated
State unit shall be an ex officio member of the Council.
“(3) Appointment. — ^Members of the Coimcil shall be
appointed by the Governor or the appropriate entity within
the State responsible for making appointments. The appointing
authority shall select members ^er soliciting recommendations
from representatives of organizations representing a broad
range of individuals with disabilities and organizations
interested in individuals with disabilities.
“(4) Qualifications. — m^ority of Council members shall
be persons who are —
“(A) individuals with disabilities described in section
7(8)(B); and
“(B) not employed by the designated State unit.
“(5) Chairperson.—
“(A) In general. — ^Except as provided in subparagraph
(B), the Council shall select a chairperson from among
the membership of the Coimcil.
“(B) Designation by governor.— In States in which
the Governor does not have veto power pursuant to State
law, the Governor shall designate a member of the Council
to serve as the chairperson of the Council or shall require
the Council to so designate such a member.
“(6) Terms of appointment.—
“(A) Length op term. — Each member of the Council
shall serve for a term of not more than 3 years, except
that —
“(i) a member appointed to fill a vacancy occurring
prior to the expiration of the term for which a prede¬
cessor was appointed, shall be appointed for the
remainder of such term; and
“(ii) the terms of service of the members initially
appointed shall be (as specified by the app^nting
authority) for such fewer number of years as will pro¬
vide for the expiration of terms on a staggered basis.
PUBLIC LAW 102-569— OCT. 29, 1992
106 STAT. 438^
“(B) Number of terms.— No member of the Coimcil
may serve more than two consecutive full terms.
“(7) Vacancies, — ^Any vacancy occurring in the membership
of the Clouncil shall be filled in the same manner as the original
appointment. The vacancy shall not affect the power of the
remaining members to execute the duties of the Council.
“(c) Functions of Council.— The Council shall—
“(1) review, analyze, and advise the desimated State unit
regEirdin^ the performance of the responsibilities of the unit
under this title, particularly responsibilities relating to —
“(A) eligibility (including order of selection);
“(B) the extent, scope, and effectiveness of services
provided; and
“(C) functions performed by State agencies that affect
or that potentially affect the ability of individuals with
disabilities in achieving rehabilitation goals and objectives
under this title;
“(2) advise the designated State agency and the designated
State unit, and, at the discretion of the designated State agency,
assist in the preparation of applications, the State plan, the
strategic plan and amendments to the plans, reports, needs
assessments, and evaluations required by this title;
“(3) to the extent feasible, conduct a review and analysis
of the effectiveness of, and consumer satisfaction with —
“(A) the functions performed by State agencies and
other public and private entities responsible for performing
fimctions for individuals with disabilities; and
“(B) vocational rehabilitation services —
“(i) provided, or paid for from funds made avail¬
able, under this Act or through other public or private
sources; and
“(ii) provided by State agencies and other public
and private entities responsible for providing voca¬
tional rehabilitation services to individuals with
disabilities;
“(4) prepare and submit an annual report to the Governor
or appropriate State entity and the Commissioner on the status
of vocational rehabilitation programs operated within the State,
and make the report available to the public;
“(5) coordinate with other councils within the State, includ¬
ing the Statewide Independent Living Council established
under section 705, the advisory panel established under section
613(a)(12) of the Individuals with Disabilities Education Act
(20 U.S.C. 1413(a)(12)), the State Planning Coimcil described
in section 124 of the Developmental Disabilities Assistance
and Bill of Rights Act (42 U.S.C. 6024), and the State mental
health planning coimcil established under section 1916(e) of
the Public Health Service Act (42 U.S.C. 300x-4(e));
“(6) advise the State agency designated under section
101(a)(1) and provide for coordination and the establishment
of working relationships between the State agency and the
Statewide Independent Living Council and centers for
independent living within the State; and
“(7) perform such other functions, consistent with the pur¬
pose of this title, as the State Rehabilitation Advisory Council
determines to be appropriate, that are comparable to the other
functions performed hy the Council.
Reports.
}6 STAT. 4384
PUBLIC LAW 102-569— OCT. 29, 1992
“(d) Resources.—
“(1) Plan. — ^The Council shall prepare, in conjunction with
the designated State unit, a plan for the provision of such
resources, including such staff and other personnel, as may
be necessary to carry out the functions of the Council under
this section. The resource plan shall, to the maximum extent
possible, rely on the use of resources in existence during the
period of implementation of the plan.
“(2) Resolution of disagreements.— To the extent that
there is a disagreement between the Council and the designated
State unit in regard to the resoimces necessary to carry out
the functions of the Council as set forth in this section, the
disagreement shall be resolved by the Governor or appointing
agency consistent with paragraph (1).
“(3) Supervision and evaluation.— Each Council shall,
consistent with State law, supervise and evaluate such staff
and other personnel as may be necessary to carry out its
functions under this section.
“(4) Personnel conflict of interest.— While assisting
the Council in carrying out its duties, staff and other personnd
shall not be assigned duties by the designated State unit or
any other agency or office of the State, that would create
a conflict of interest.
“(e) Conflict of Interest. — No member of the Council shall
cast a vote on any matter that would provide direct financial
benefit to the member or otherwise give the appearance of a conflict
of interest under State law.
“(f) Meetings. — ^The Council shall convene at least 4 meetings
a year in such places as it determines to be necessary to conduct
Council business and conduct such forums or hearings as the Coim-
cil considers appropriate. The meetings, hearings, and forums shall
be publicly announced. The meetings shall be open and accessible
to the general public unless there is a valid reason for an executive
session.
“(g) Compensation and Expenses.— The Council may use
funds appropriated under this title to reimburse members of the
Council for reasonable and necessaiy expenses of attending Council
meetings and performing Council duties (including child care and
person^ assistance services), and to pay compensation to a member
of the Council, if such member is not employed or must forfeit
wages from other employment, for each day the member is engaged
in performing the duties of the Council.
“(h) Hearings and Forums. — ^The Council is authorized to
hold such hearings and forums as the Council may determine
to be necessary to carry out the duties of the Council.
“(i) Use of Existing Councils.— To the extent that a State
has established a Council before September 30, 1992, that is com¬
parable to the Council described in this section, such established
Council shall be considered to be in compliance with this section.
Within 1 year after the date of enactment of the Rehabilitation
Act Amendments of 1992, such State shall establish a Council
that complies in ftdl with this section.”.
(b) Technical Amendment.— The table of contents relating
to the Act is amended by inserting after the item relating to
section 104 the following:
“Sec. 105. State Rehabilitation Advisory Council.”.
PUBLIC LAW 102-569-OCT. 29, 1992
106 STAT. 4385
SEC. 127. EVALUATION.
(a) Amendment.— Part A of title I (29 U.S.C. 720 et seq.)
(as amended by section 126(a)), is further amended by adcUng
at the end the following:
"SEC. 106. EVALUATION STANDARDS AND PERFORMANCE INDICATORS,
“(a) Establishment.—
“(1) In general. — ^The Commissioner shall, not later than
September 30, 1994, establish and publish evaluation standards
and performance indicators for the vocational rehabilitation
program under this title.
“(2) Measures. — ^The standards and indicators shall
include outcome and related measures of program performEuice
that facilitate and in no wa]^ impede the accomplishment of
the purpose and policy of this title.
“(3) Comment. — ^The standards and indicators shall be
developed with input from State vocational rehabilitation agen¬
cies, related professional and consumer organizations, recipi¬
ents of vocational rehabilitation services, and other interested
parties. The Commissioner shall publish in the Federal Register
a notice of intent to regulate regarding the development of
proposed standards and indicators. Proposed standards and
indicators shall be published in the Federal Register for review
and comment. Final standards and indicators shall be published
in the Federal Register.
“(b) Compliance.—
“(1) State reports. — ^In accordance with regulations estab¬
lished by the Secretary, each State shall report to the Commis¬
sioner after the end of each fiscal year the extent to which
the State is in compliance with the standards and indicators.
“(2) Program improvement. —
“(A) Plan. — ^If the Commissioner determines that the
performance of any State is below established standards,
the Commissioner shall provide technical assistance to the
State and the State and the Commissioner shall jointly
develop a program improvement plan outlining the specific
actions to be taken by the State to improve program
performance.
“(B) Review. — ^The Commissioner shall —
“(i) review the program improvement efforts of
the State on a biannual basis and, if necessary, request
the State to make further revisions to the plan to
improve performance; and
“(ii) continue to conduct such reviews and request
such revisions until the State sustains satisfactory
performance over a period of more than 1 year.
“(c) Withholding. — If the Commissioner determines that a
State whose performance falls below the established standards has
failed to enter into a program improvement plan, or is not complying
substantially with the terms and conditions of such a program
improvement plan, the Commissioner shall, consistent with sub¬
sections (c) and (d) of section 107, reduce or inake no further
payments to the State imder this program, imtil the State has
entered into an approved program improveinent plan, or satisfies
the Commissioner that the State is complying substantially with
the terms and conditions of such a program improvement plan,
as appropriate.
29 use 726.
Federal
Register,
publication.
16 STAT. 4386
PUBLIC LAW 102-569— OCT. 29, 1992
I use 727.
“(d) Report to Congress. — ^Beginning in fiscal year 1996, the
Commissioner shall include in each annual report to the Congress
\mder section 13 an analysis of program pemrmance, including
relative State performance, based on the standards and indicators. .
(b) Technical Amendment.— The table of contents relating
to the Act is amended by inserting after the item relating to
section 105 (as added by section 126(b)) the following:
“Sec. 106. Evaluation standards and performance indicators.”.
SEC. 128. MONITORING AND REVIEW.
(a) Amendment.— Part A of title I (29 U.S.C. 720 et seq.)
(as amended by sections 126(a) and 127(a)), is further amended
by adding at the end the following:
“SEC. 107. MONITORING AND REVIEW.
“(a) In General.—
“(1) Duties. — ^In carr3dng out the duties of the Commis¬
sioner under this title, the Commissioner shall —
“(A) provide for the annual review and periodic on¬
site monitoring of programs imder this title; and
“(B) determine whether, in the administration of the
State plan, a State is complying substantially with the
provisions of such plan and with evaluation standards and
performance indicators established imder section 106.
“(2) Procedures for reviews.— In conducting reviews
imder this section the Commissioner shall consider, at a
minimum —
“(A) State policies and procedures;
“(B) guidance materials;
“(C) decisions resulting . from hearings conducted in
accordance with due process;
“(D) strategic plans and updates;
“(E) plans and reports prepared under section 106ft);
“(F) consumer satisfaction surveys described in section
101(aK32);
“(G) information provided by the State Rehabilitation
Advisory Council established imder section 105;
“(H) reports; and
“(I) budget and financial management data.
“(3) Procedures for monitoring.— In conducting monitor¬
ing under this section the Commissioner shall conduct^
“(A) on-site visits, including on-site reviews of records
to verify that the State is following requirements regarding
the order of selection set forth in section 101(a)(5XA);
“(B) public hearings and other strategies for collecting
information from the public;
“(C) meetings with the State Rehabilitation Advisory
Council;
“(D) reviews of individual case files, including individ¬
ualized written rehabilitation programs and ineligibility
determinations; and
“(E) meetings with rehabilitation counselors and other
OF INQUIRY. — In conducting the review and mon¬
itoring, the Commissioner shall examine —
“(A) the eligibility process;
personnel.
^(4) Areas
PUBLIC LAW 102-569— OCT. 29, 1992’
106 STAT. 4387
“(B) the provision of services, including, if applicable,
the order of selection;
“(C) whether the personnel evaluation system described
in section 101(a)(35) facilitates and does not impede the
accomplishments of the program;
“(D) such other areas as may be identified by the
public or through meetings with the State Rehabilitation
Advisory CouncU; and
“(E) such other areas of inquiry as the Commissioner
may consider appropriate.
“(b) Technical Assistance. — ^The Commissioner shall —
“(1) provide technical assistance to programs under this
title regarding improving the quality of vocational rehabilitation
services provided; and
“(2) provide technical assistance and establish a corrective
action plan for a program under this title if the Commissioner
finds that the program fails to comply substantially with the
provisions of the State plan, or with evaluation standards or
performance indicators established imder section 106, in order
to ensure that such failure is corrected as soon as practicable.
“(c) Failure To Comply With Plan. —
“(1) Withholding payments.— Whenever the Commis¬
sioner, after providing reasonable notice and an opportunity
for a hearing to the State agency administering or supervising
the administration of the State plan approved under section
101, finds that —
“(A) the plan has been so changed that it no longer
complies with the requirements of section 101(a); or
“(B) in the administration of the plan there is a failure
to comply substantially with any provision of such plan
or with an evaluation standard or performance indicator
established under section 106,
the Commissioner shall notify such State agency that no further
payments will be made to the State under this title (or, in
the discretion of the Commissioner, that such further payments
will be reduced, in accordance with regulations the Commis¬
sioner shall prescribe, or that further payments will not be
made to the State only for the projects under the parts of
the State plan affected by such failure), until the Commissioner
is satisfied there is no longer any such failure.
“(2) Period. — Until the Commissioner is so satisfied, the
Commissioner shall make no further payments to such State
under this title (or shall reduce payments or limit {payments
to projects under those parts of the State plan in which there
is no such failure).
“(3) Disbursal of withheld funds.— The Commissioner
may, in accordance with regulations the Secretary shall pre¬
scribe, disburse any funds withheld from a State under para¬
graph (1) to any public or nonprofit private organization or
agency within such State or to any political subdivision of
such State submitting a plan meeting the requirements of
section 101(a). The Commissioner may not make any payment
under this paragraph unless the entity to which such payment
is made has provided assurances to the Commissioner that
such entity will contribute, for purposes of carrying out such
plan, the same amount as the State would have been obligated
to contribute if the State received such payment.
Regulations.
Regulations.
“(d) Review
“(1) Petition. — ^Any State that is dissatisfied with a final
determination of the Commissioner under section 101(b) or
subsection (c) may file a petition for judicial review of such
determination in the United States Court of Appeals for the
circuit in which the State is located. Such a petition may
be filed only within the 30-day period beginning on the date
that notice of such final determination was received by the
State. The clerk of the court shall transmit a copy of the
petition to the Commissioner or to any officer designated by
the Commissioner for that purpose. In accordance with section
2112 of title 28, United States Code, the Commissioner shall
file with the coiu*t a record of the proceeding on which the
Commissioner based the determination being appealed by the
State. Until a record is so filed, the Commissioner may modify
or set aside any determination made under such proceedings.
“(2) Submissions and determinations.— If, in an action
under this subsection to review a final determination of the
Commissioner imder section 101(b) or subsection (c), the peti¬
tioner or the Commissioner applies to the court for leave to
have additional oral submissions or written presentations made
respecting such determination, the court may, for good cause
shown, order the Commissioner to provide within 30 days an
additional opportunity to make such submissions and presen¬
tations. Within such period, the Commissioner may revise any
findings of fact, modify or set aside the determination being
reviewed, or ma[ke a new determination by reason of the addi¬
tional submissions and presentations, and shall file such modi¬
fied or new determination, and any revised findings of fact,
with the return of such submissions and presentations. The
court shall thereafter review such new or modified
determination.
“(3) Standards of review.-—
“(A) In general. — Upon the filing of a petition under
paragraph (1) for judicial review of a determination, the
court shall have jurisdiction —
“(i) to grant appropriate relief as provided in chap¬
ter 7 of title 5, United States Code, except for interim
relief with respect to a determination under subsection
(c); and
“(ii) except as otherwise provided in subparagraph
(B), to review such determination in accordance with
chapter 7 of title 5, United States Code.
“(B) Substantial evidence.— Section 706 of title 6,
United States Code, shall apply to the review of any deter¬
mination under this subsection, except that the standard
for review prescribed by paragraph (2)(E) of such section
706 shall not apply and the court shall hold unlawful
and set aside such determination if the court finds that
the determination is not supported by substantial evidence
in the record of the proceeding submitted pursuant to para¬
graph (1), as supplemented by any additional submissions
and presentations filed under paragraph (2).”.
(b) Conforming and Technical Amendments.—
(1) Section 6(c) (29 U.S.C. 705(c)) is amended by striking
“101” and inserting “107”.
PUBLIC LAW 102-569— OCT. 29, 1992
106 STAT. 4389
(2) The table of contents relating to the Act is amended
by inserting after the item relating to section 106 (as added
by section 127(b)) the following:
“Sec. 107. Monitoring and review.”.
SEC. 129. EXPENDITURE OF CERTAIN AMOUNTS.
(a) Amendment. — ^Part A of title I (29 U.S.C. 720 et seq.),
as amended by the preceding sections, is further amended by adding
at the end the following:
“SEC. 108. EXPENDITURE OF CERTAIN AMOUNTS.
“(a) Expenditure. — Amoimts described in subsection (b) may
not be expended by a State for any purpose other than carrying
out programs for which the State receives financial assistance under
this title, under part C of title VT, or under title VII.
“(b) Amounts. — The amounts referred to in subsection (a) are
amounts provided to a State under the Social Security Act (42
U.S.C. 301 et seq.) as reimbursement for the expenditure of pay¬
ments received by the State from allotments under section 110
of this Act.”.
(b) Technical Amendment.— The table of contents relating
to the Act is amended by inserting after the item relating to
section 107 (as added by section 128(b)(2)) the following:
“Sec. 108. Expenditure of certain amounts.”.
SEC. 130. TRAINING OF EMPLOYERS WITH RESPECT TO AMERICANS
WITH DISABILITIES ACT OF 1990.
(a) Amendment. — ^Part A of title I (29 U.S.C. 720 et seq.),
as amended by the preceding sections, is further amended by adding
at the end the following:
“SEC. 109. TRAINING OF EMPLOYERS WITH RESPECT TO AMERICANS
WITH DISABILITIES ACT OF 1990.
“A State may expend payments received under section 111 —
“(1) to carry out a program to train employers with respect
to compliance with the requirements of title I of the Americans
with Disabilities Act of 1990 (42 U.S.C. 12111 et seq.); and
“(2) to inform employers of the existence of the program
and the availability of the services of the program.”.
(b) Technical Amendment.— The table of contents relating
to the Act is amended by inserting after the item relating to
section 108 (as added by section 129(b)) the following:
“Sec. 109. Training of employers with respect to Americans with Disabilities Act of
1990.”.
SEC. 131. REALLOTMENT.
(a) Territories.— Section 110(a) (29 U.S.C. 730(a)) is
amended —
(1) in paragraph (3), by striking “and the Trust Territory
of the Pacific Islands” and inserting “and the Republic of Palau”;
and
(2) adding at the end the following new paragraph:
“(5) The Republic of Palau may receive allotments or allocations
imder this section only imtil the Compact of Free Association with
Palau takes effect.”.
(b) Reallotment. — Section 110(c) (29 U.S.C. 730(c)) is amended
by adding at the end the following:
29 use 728.
29 use 728a.
}6 STAT. 4390
PUBLIC LAW 102-569— OCT. 29, 1992
tegulations.
“(4) If the Commissioner determines, under paragraph (1), that
any payment of an allotment to a State under section 111(a) for
any fiscal year will not be utilized by such State in carmng out
the purposes of this title, the payment shall remain available for
reallotment to other States until reallotted.”.
(c) Reservation.— Section 110(d) (29 U.S.C. 730(d)) is amended
by striking paragraph (2) and inserting the following:
“(2) The sum referred to in paragraph (1) shall be, as deter¬
mined by the Secretary —
“(A) not less than one-third of one percent and not more
than 1.5 percent of the amount under paragraph (1), for fiscal
years 1993 and 1994; and
“(B) not less than one-half of one percent and not more
than 1.5 percent of the amount under paragraph U), for fiscal
years 1995, 1996, and 1997.”.
SEC. 132. PAYMENTS TO STATES.
Section 111(a) (29 U.S.C. 731(a)) is amended —
(1) in paragraph (1) —
(A) by striking “(including any additional payment to
it under section 110(b))”; and
(B) by striking “State plan.” and inserting “State plan
and development and implementation of the strategic plan
as provided in section 101(a)(34)(A). Any State that receives
such an amount shall expend, for development and
implementation of the strategic plan, not less than the
percentage of the allotment of the State referred to in
section 101(a)(34)(B).”;
(2) in parc^aph (2)—
(A) in subparagraph (A), by striking “(and any addi¬
tional payment under subsection (b))”; and
(B) by amending subparagraph (B) to read as follows:
“(B)(i) For fiscal year 1993, the amount otherwise payable to
a State for a fiscal year under this section shall be reduced by
the amount by which expenditures from non-Federal soimces under
the State plan under this title for the previous fiscal year are
less than the average of the total of such expenditures for the
3 fiscal years preceding the previous fiscal year.
“(ii) For fiscal year 1994 and each fiscal year thereafter, the
amount otherwise payable to a State for a fiscal year under this
section shall be reduced by the amount by which expenditures
from non-Federal sources under the State plan under this title
for the previous fiscal year are less than the total of such expendi¬
tures for the second fiscal year preceding the previous fiscal year.”;
and
(3) by adding at the end the following new paragraph;
“(3)(A) Except as provided in subparagraph (B), the amoimt
of a paj^ent imder this section with respect to any construction
project in any State shall be equal to the same percentage of
the cost of such project as the Federal share that is applicable
in the case of rehabilitation facilities (as defined in section 645(g)
of the Public Health Service Act (42 U.S.C. 291o(a))), in sum
State.
“(B) If the Federal share with respect to rehabilitation facilities
in such State is determined pursuant to section 645(b)(2) of such
Act (42 U.S.C. 291o(b)(2)), the percentage of the cost for purposes
of this section shall be determined in accordance with regulations
PUBLIC LAW 102-569— OCT. 29, 1992
106 STAT. 4391
jed by the Commissioner designed to achieve as nearly as
ible results comparable to the results obtained under such
t. CLIENT ASSISTANCE PROGRAM.
Advocacy. — Section 112(a) (29 U.S.C. 732(a)) is amended —
(1) in the first sentence —
(A) by striking “to assist such clients” and inserting
“to assist and advocate for such clients”;
(B) by inserting “and advocacy” after “including assist¬
ance”; and
(C) by inserting before the period in the first sentence
the following: “and to facilitate access to the services funded
under this Act through individual and systemic advocacy”;
(2) by amending the second sentence to read as follows:
le client assistance program shall provide information on
available services and benefits under this Act and title
f the Americans with Disabilities Act of 1990 (42 U.S.C.
.11 et sec]L) to individuals with disabilities in the State,
ecially with regard to individuals with disabilities who have
ditionally been unserved or underserved by vocational
abilitation pro^ams.”; and
(3) by inserting after the second sentence the following:
providing assistance and advocacy under this subsection
respect to services under this title, a client assistance
gram may provide the assistance and advocacy with respect
services that are directly related to facilitating the employ-
nt of the individual.”.
Redesignation of Agency.— Section 112(c)(1) (29 U.S.C.
.)) is amended by striking subparagraph (B) and inserting
)wing:
) The Governor may not redesignate the agency designated
ubparagraph (A) without good cause and unless —
“(i) the Governor has given the agency 30 days notice
he intention to make such redesignation, including specifica-
1 of the good cause for such redesignation and an opportunity
respond to the assertion that good cause has been shown;
“(ii) individuals with disabilities or their representatives
re timely notice of the redesignation and opportunity for
>lic comment; and
“(iii) the agency has the opportunity to appeal to the
nmissioner on the basis that the redesignation was not
good cause.”.
MINIMUM State Allotments.— Section 112(e)(1) (29 U.S.C.
D) is amended —
U) in subparagraph (B), by striking “and the Trust Terri¬
er of the Pacific Islands.” and inserting “and the Republic
Palau, except that the Republic of Palau may receive such
)tment under this section only until the Compact of Free
lociation with Palau takes effect.”;
(2) in subparagraph (C), by striking “and the Trust Terri¬
er of the Pacific Islands” and inserting “and the Republic
^alau”; and
(3) in subparagraph (D) —
(A) in clause (i), by striking “$75,000” and inserting
“$100,000”; and
(B) in clause (ii) —
106 STAT. 4392
PUBLIC LAW 102-569— OCT. 29, 1992
Privacy.
29 use 740.
29 use 741.
(i) by striking “subsection (c),” and inserting
“clause (i),”;
(ii) by striking “minimum allotment under
subparagraph (A)” and inserting “minimum allotments
under subpeiragraphs (A) and (B)”; and
(iii) by striking “fiscal year by more than” and
all that follows and inserting “fiscal year.”,
(d) Report. — Section 112(g) (29 U.S.C. 732(g)) is amended by
adding at the end the following new paragraphs:
“(5) Each such report shall contain information on the
number of requests the client assistance program under this
section receives annually, the number of requests such program
is unable to serve, and the reasons that the program is unable
to serve all the requests.
“(6) For purposes of such report or for any other periodic
audit, report, or evaluation of the uerformance of a client assist¬
ance program under this section, the Secretary shall not require
such a program to disclose the identity of, or any other person¬
ally identifiable information related to, any individual request¬
ing assistance under such program.”.
(e) Authorization of Appropriations.— Section 112 (29 U.S.C.
732) is amended —
(1) by striking subsection (h);
(2) by redesignating subsection (i) as subsection (h); and
(3) in subsection (h) (as so redesignated by paragraph (2)
of this subsection) by striking “$7,100,000” and all that follows
and inserting “such sums as may be necessary for fiscal years
1993 through 1997 to carry out the provisions of this section.”.
SEC. 134. INNOVATION AND EXPANSION GRANTS.
(a) Amendment. — Part C of title I (29 U.S.C. 740 et seq.)
is amended to read as follows:
“Part C— Innovation and Expansion Grants
“SEC. 120. STATE ELIGIBIUTY.
“Effective October 1, 1993, any State desiring to receive assist¬
ance under this part and part B of this title shall prepare and
submit to the Commissioner a statewide strategic plan for develop¬
ing and using innovative approaches for achieving long-term success
in expanding and improving vocational rehabilitation services,
including supported employment services, provided under the State
plan submitted under section 101 and the supplement to the State
plan submitted under part C of title VI.
“SEC. 121. CONTENTS OF STRATEGIC PLANS.
“(a) Purpose and Policy.— The strategic plan shall be designed
to achieve the purpose and policy of this title and carry out the
State plan and the supplement to the State plan submitted under
part C of title VI.
“(b) Contents. — ^The strategic plan shall include —
“(1) a statement of the mission, philosophy, values, and
principles of the vocational rehabilitation program in the State;
“(2) specific goals and objectives for expanding and improv¬
ing the system for providing the vocational rehabilitation
program;
“(3) specific multifaceted and systemic approaches for
accomplishing the objectives, including interagency coordination
PUBLIC LAW 102-569— OCT. 29, 1992
106 STAT. 4393
and cooperation, that build upon state-of-the-art practices and
research findings and that implement the State plan and the
supplement to the State plan submitted under part C of title
VI;
“(4) a description of the specific programs, projects, and
activities funded under this part and how the programs,
projects, and activities accomplish the objectives; and
“(5) specific criteria for determining whether the objectives
have been achieved, an assurance that the State will conduct
an annual evaluation to determine the extent to which the
objectives have been achieved, and, if specific objectives have
not been achieved, the reasons that the objectives have not
been achieved and a description of alternative approaches that
will be taken.
“SEC. 122. PROCESS FOR DEVELOPING STRATEGIC PLANS.
“(a) Period and Updates. — ^The strategic plan shall cover a
3-year period and shall be updated on an annual basis to reflect
actual experience over the previous year and input from the State
Rehabilitation Advisory Council established under section 105,
individuals with disabilities, and other interested parties.
“(b) Recommendations. — Prior to developing the strategic plan,
the State shall hold public forums and meet with and receive
recommendations from members of the State Rehabilitation
Advisory Council and the Statewide Independent Living Council
established under section 705.
“(c) Consideration of Recommendations.— The State shall
consider the recommendations and, if the State rejects the rec¬
ommendations, shall include a written explanation of the rejection
in the strategic plan.
“(d) Procedure. — ^The State shall develop a procedure for
ensuring ongoing comment from the councils described in subsection
(b) as the plan is being implemented.
“(e) Dissemination. — The State shall widely disseminate the
strategic plan to individuals with disabilities, disability organiza¬
tions, rehabilitation professionals, and other interested persons.
“SEC. 123. USE OF FUNDS.
“A State may use funds made available under this part, directly
or by grant, contract, or other arrangement, to carry out^
“(1) programs to initiate and expand employment
opportunities for individuals with severe disabilities in
integrated settings that allow for the use of on-the-job training
to promote the objectives of title I of the Americans with
Disabilities Act of 1990 (42 U.S.C. 12111 et seq.);
“(2) programs or activities to improve the provision of,
and expand, employment services in inte^ated settings to
individuals with sensory, cognitive, physical, and mental
impairments who have traditionally not been served by the
State vocational rehabilitation agency;
“(3) programs and activities to maximize the ability of
individuals with disabilities to use rehabilitation technology
in employment settings;
“(4) programs and activities that —
“(A) assist employers in accommodating, evaluating,
training, or placing individuals with disabilities in the
workplace of the employer consistent with provisions of
29 use 742.
29 use 743.
PUBLIC LAW lU^-5t)y— OCT. Zi), WifZ
this Act and title I of the Americans with Disabilities
Act of 1990; and
“(B) may include short-term technical assistance oi
other effective strategies;
“(5) programs and activities that expand and improve th<
extent and t3T)e of client involvement in the review and selectioi
of the training and emplo3anent goals of the client;
“(6) programs and activities that expand and improvs
opportunities for career advancement for individuals witl
severe disabilities;
“(7) pro^ams, projects, and activities designed to initiate
expand, or improve working relationships between vocations
rehabilitation services provided under this title and independ
ent living services provided under title VII;
“(8) programs, projects, and activities designed to improv<
functioning of the system for delivering vocational rehabilitatior
services and to improve coordination and working relationship!
with other State and local agencies, business, industry, labor
community rehabilitation programs, and centers for independ
ent living, including projects designed to —
“(A) increase the ease of access to, timeliness of, an(
quality of vocational rehabilitation services through tht
development and implementation of policies, procedures
and systems and interagency mechanisms for providinj
vocational rehabilitation services;
“(B) improve the working relationships between Stab
vocational rehabilitation agencies, and other State agencies
centers for independent living, community rehabilitatioi
programs, educational agencies involved in higher edu
cation, adult basic education, and continuing education
and businesses, industry, and labor organizations, in orde
to create and facilitate cooperation in —
“(i) planning and implementing services; and
“(ii) the development of an integrated system o
community-based vocational rehabilitation service tha
includes appropriate transitions between service sys
terns; and
“(C) improve the ability of professionals, clients, advo
cates, business, industry, and labor to work in cooperativ(
partnerships to improve the quality of vocational rehabilita
tion services and job and career opportunities for individ
uals with disabilities;
“(9) support efforts to ensure that the annual evaluatioi
of the effectiveness of the program in meeting the goals ant
objectives set forth in the State plan, including the systen
for evaluating the performance of rehabilitation counselors
coordinators, and other personnel used in the State, facilitates
and does not impede the accomplishment of the purpose am
policy of this title, including serving, among others, individual
with the most severe disabilities;
“(10) support the initiation, expansion, and improvemen
of a comprehensive system of personnel development;
“(11) support the provision of training and technical assist
ance to clients, business, industry, labor, community rehabilita
tion programs, and others regarding the implementation o
the amendments made by the Rehabilitation Act Amendmenti
PUBLIC LAW 102-569— OCT. 29, 1992
106 STAT. 4395
of 1992, of title V of this Act, and of the Americans with
Disabilities Act of 1990; and
“(12) support the funding of the State Rehabilitation
Advisory Council and the Statewide Independent Living Council
established under section 705.
“SEC. 124. ALLOTMENTS AMONG STATES. 29 USC 744.
“(a) In General.—
“(1) States.—
“(A) Population basis. — Except as provided in
subparagraph (B), from sums appropriated for each fiscal
year to carry out this part (not including sums used in
accordance with section 101(a)(34)(B)), the Commissioner
shall make an allotment to each State whose State plan
has been approved under section 101 of an amount bearing
the same ratio to such sums as the population of the
State bears to the population of all States.
“(B) Minimums. — Subject to the availability of appro¬
priations to carry out this part, the allotment to any State
under subparapraph (A) shall be not less than $200,000
or one-third of one percent of the sums made available
for the fiscal year for which the allotment is made, which¬
ever is greater, and the allotment of any State under this
section for any fiscal year that is less than $200,000 or
one-third of one percent of such sums shall be increased
to the greater of the two amounts.
“(2) Certain territories. —
“(A) In general. — For the purposes of this subsection,
Guam, American Samoa, the United States Virgin Islands,
the Commonwealth of the Northern Mariana Islands, and
the R^ublic of Palau shall not be considered to be States.
“(B) Allotment. — ^Each jurisdiction described in
subparagraph (A) shall be allotted not less than one-eighth
of one percent of the amounts made available for purposes
of this part for the fiscal year for which the allotment
is made, except that the Republic of Palau may receive
such allotment under this section only imtil the Compact
of Free Association with Palau takes effect.
“(3) Adjustment for inflation.— For purposes of deter¬
mining the minimum amount of an allotment under paragraph
(IXB), the sunount $200,000 shall, in the case of such allotments
for fiscal year 1994 and subsequent fiscal years, be increased
to the extent necessary to ofifeet the effects of inflation occurring
since October 1992, as measured bv the percentage increase
in the Consumer Price Index For All Urban Consumers (U.S.
city average) during the period ending on April 1 of the fiscal
year preceding the fiscal year for which the allotment is to
be made.
“(b) Proportional Reduction. — ^Amounts necessary to provide
eOlotments to States in accordance with subsection (aXlXB) as
increased under subsection (aX3), or to provide allotments in accord-
mce with subsection UX2XB), shall be derived by proportionately
reducing the allotments of the remaining States imder subsection
iaXl), but with such adjustments as may be necessary to prevent
the allotment of any such remaining States from being thereby
reduced to less than tiie greater of $200,000 or one-third of one
percent of the sums made available for purposes of this part for
106 STAT. 4396
PUBLIC LAW 102-569— OCT. 29, 1992
29 use 752.
29 use 712 note.
the fiscal year for which the allotment is made, as increased in
accordance ivith subsection (a)(3).
“(c) Reallotment. — ^Whenever the Commissioner determines
that any amount of an allotment to a State for any fiscal year
will not be expended by such State for carrying out the provisions
of this part, tne Conunissioner shall make sum amoimt available
for carrying out the purposes of this part to one or more of the
States that the Commissioner determines will be able to use addi¬
tional amounts during such year for carrying out such provisions.
Any amoimt made available to a State for any fiscal year pursuant
to the preceding sentence shall, for the purposes of this section,
be regarded as an increase in the allotment of the State (as deter¬
mined under the preceding provisions of this section) for such
year.”.
(b) Technical Amendment. — ^The table of contents relating
to the Act is amended by striking the items relating to part C
of title I and inserting the following:
“Part C— Innovation and Expansion Grants
“Sec. 120. State eligibility.
“Sec. 121. Contents of strategic plans.
“Sec. 122. Process for developing strategic plans.
“Sec. 123. Use of funds.
“Sec. 124. Allotments among States.”.
SEC. 136. STUDY OF NEEDS OF AMERICAN INDIANS WITH HANDICAPS.
(a) Repeal. — Part D of title I is amended by repealing section
131(29 U.S.C. 751).
(b) Table of Contents. — ^The table of contents relating to
the Act is amended by striking the item relating to section 131.
SEC. 136. REVIEW OF DATA COLLECTION SYSTEM.
(a) Review. — The Commissioner of the Rehabilitation Services
Administration (in this section referred to as the ‘Commissioner’)
shall undertake a comprehensive review of the current system
for collecting and reporting client data under the Rehabilitation
Act of 1973 (29 U.S.C. 701 et seq.), particularly data on clients
of the programs under title I of the Rehabilitation Act of 1973
(29 U.S.C. 720 et seq.).
(b) Considerations. —
(1) In GENERAL. — ^In conducting the review, the Commis¬
sioner shall examine the kind, quantity, and quality of the
data that are currently reported, taking into consideration the
range of purposes that the data serve at the Federal, State,
and local fevels.
(2) Data elements. — ^In conducting the review, the
Commissioner shall examine the feasibility of collecting and
reporting under the system information, if such information
can be determined, regarding —
(A) other program participation by clients during the
3 years prior to application;
(B) the number of jobs held, hours worked, and earn¬
ings received by clients in the 3 years prior to application
to a program under the Rehabilitation Act of 1973;
(C) the types of mqjor and secondary disabilities ol
clients;
(D) the dates of the onset of disabilities of clients;
(E) the severity of the disabilities of clients;
PUBLIC LAW 102-569— OCT. 29, 1992 106 STAT. 4397
(F) the sources of referral of clients to programs under
such Ant;
(G) the hours worked by clients;
(H) the size and industry code of the place of employ¬
ment of clients at the time of entry into such a program
and at the termination of services under the program;
(I) the number of se^ces provided under the programs
and the cost of each service;
(J) the types of public support received by the clients;
(K) the primary sources of economic support and
amounts of public assistimce received by the clients before
and after receiving the services;
(L) whether the clients are covered by health insurance
from any source and whether health insurance is available
through the employment of the client;
(M) the supported employment status of the client;
and
(N) the reasons for terminating the services.
Cc) Recommendations. — ^Based on the review, the Commis¬
sioner shall recommend improvements in the data collection and
reporting system.
(d.) VIEWS. — In developing the recommendations, the Commis¬
sioner shall seek views of persons and entities providing or using
such, data, including State agencies, State Rehabilitation Advisory
Conncils, providers of vocational rehabilitation services, profes¬
sionals in the field of vocational rehabilitation, clients and organiza¬
tions representing clients, the National Council on Disability, other
Federal agencies, non-Federal researchers, other smalysts using
the data, and other members of the public.
Ce) Publication and Submission of Report. — ^Not later than
18 months after the date of the enactment of this Act, the Commis¬
sioner shall publish the recommendations in the Federal Register
and shall prepare and submit a report containing the recommenda¬
tions to the appropriate committees of Congress. The Commissioner
shall not implement the recommendations earlier than 90 days
after the date on which the Commissioner submits the report.
SEC. 137. EXCHANGE OF DATA 29 USC 712 note.
The Secretary of Education and the Secretary of Health ^d
Human Services shall enter into a memorandum of understanding
for tHe purpose of exchanging date of mutual importance, regar^ng
clients of State vocational rehabilitation agencies, that are conttdned
in databases maintained by the Rehabilitation Service Administra¬
tion, as required under section 13 of the Rehabilitation Act of
1973 (29 U.S.C. 712), and the Social Security Administration, from
its Snmmary Earnings and Records and Master Beneficiary Records.
For purposes of the exchange, the Social Security data shall not Privacy,
be considered tax information and, as appropriate, the confidential¬
ity of all client information shall be maintained by both agencies.
SEC. X38. EFFECTIVE DATE. 29 USC 701 note.
(a) Effective Date. — Except as provided in subsection (b),
this title and the sunendments made by this title shall take effect
on the date of enactment of this Act.
(b) State Plan. — ^The Secretary of Education shall implement
the amendments made by section 122 of this Act to section 101
of the Rehabilitation Act of 1973 (29 U.S.C). 721), as soon as is
practicable after the date of enactment of this Act, consistent vmth
106 STAT. 4398
PUBLIC LAW 102-569— OCT. 29, 1992
the effective and efficient administration of the Rehabilitation Act
of 1973, but not later than October 1, 1993.
TITLE II— RESEARCH
SEC. 201. DECLARATION OF PURPOSE.
Section 200 (29 U.S.C. 760) is amended by striking paragraphs
(1) through (4) and inserting the following:
“(1) provide for research, demonstration projects, training,
and related activities to maximize the full inclusion and integra¬
tion into society, employment, independent living, family sup¬
port, and economic and social self-sufficiency of individuals
with disabilities of all ages, with particular emphasis on improv¬
ing the effectiveness of services authorized imder this Act;
“(2) provide for a comprehensive and coordinated approach
to the support and conduct of such research, demonstration
projects, training, and related activities and to ensure that
the approach is in accordance with the long-range plan for
research developed imder section 202(g);
“(3) promote the transfer of rehabilitation technology to
individuals with disabilities through research and demonstra¬
tion projects relating to —
“(A) the procurement process for the purchase of
rehabilitation technology;
“(B) the utilization of rehabilitation technology on a
national basis; and
“(C) specific adaptations or customizations of products
to enable individuals with disabilities to live more
independently;
“(4) ensure the widespread distribution, in usable formats,
of practical scientific and technological information —
“(A) generated by research, demonstration projects,
training, and related activities; and
“(B) regarding state-of-the-art practices, improvements
in the services authorized under this Act, rehabilitation
technology, and new knowledge regarding disabilities,
to rehabilitation professionals, individuals with disabilities, and
other interested parties;
“(5) identify effective strategies that enhance the opportuni¬
ties of individuals with disabilities to engage in productive
work; and
“(6) increase opportunities for researchers who are mem¬
bers of traditionally underserved populations, including
researchers who are members of minority groups and research¬
ers who are individuals with disabilities.”.
SEC. 202. AUTHORIZATION OF APPROPRIATIONS.
Section 201(a) (29 U.S.C. 761(a)) is amended —
(1) in paragraph (1) —
(A) by striking “other than expenses to carry out sec¬
tion 204” and inserting “which shall include the expenses
of the Rehabilitation Itesearch Advisory Council under sec¬
tion 205, and shall not include the expenses of such
Institute to carry out section 204”; and
PUBLIC LAW 102-569— OCT. 29, 1992
106 STAT. 4399
(B) by striking “fiscal year 1987” and all that follows
through the semicolon and inserting “each of fiscal years
1993 through 1997;”; and
(2) by stri&ng paragraph (2) and inserting the following:
“(2) to carry out section 204, such sums as may be necessary
for each of fiscal years 1993 through 1997.”.
5EC. 203. NATIONAL INSTITUTE ON DISABILITY AND REHABILITATION
RESEARCH.
(a) Establishment.— Section 202(a) (29 U.S.C. 761a(a)) is
imended —
(1) in the first sentence —
(A) by striking “In order” and all that follows through
“there” and inserting “(1) There”; and
(B) by striking the period at the end and inserting
the following: “, in order to —
“(A) promote, coordinate, and provide for —
“(i) research;
“(ii) demonstration projects; and
“(iii) related activities,
with respect to individuals with disabilities;
“(B) more effectively carry out activities through the pro¬
grams under section 204;
“(C) widely disseminate information from the activities
described in clauses (i) through (iii) of subparagraph (A) and
subparagraph (B); and
“(D) provide leadership in advancing the quality of life
of individuals with disabilities.”; and
(2) by striking the second sentence and inserting the
following:
“(2) In the performance of the fimctions of the office, the Direc-
or shall be directly responsible to the Secretary or to the same
Jnder Secretary or Assistant Secretary of the Department of Edu-
ation to whom the Commissioner is responsible under section
t(a).”.
(b) Responsibilities.— Section 202(b) (29 U.S.C. 761a(b)) is
imended —
(1) by striking paragraph (2) and inserting the following:
“(2) widely disseminating findings, conclusions, and rec¬
ommendations, resulting from research, demonstration projects,
and related activities funded by the Institute, to —
“(A) other Federal, State, tribal, and local public
agencies;
“(B) private organizations engaged in research relating
to rehabilitation or providing rehabilitation services;
“(C) rehabilitation practitioners; and
“(D) individuals with disabilities and the parents, fam¬
ily members, guardians, advocates, or authorized represent¬
atives of the individuals;”;
(2) by striking para^aph (4) and inserting the following:
“(4) widely disseminating educational materials and
research results, concerning ways to maximize the full inclusion
and integration into society, employment, independent living,
family support, and economic and social self-sufficiency of
individuals with disabilities, to —
“(A) public and private entities, including —
106 STAT. 4400
PUBLIC LAW 102-569— OCT. 29, 1992
“(i) elementary and secondary schools (as defined
in paragraphs (8) and (21), respectively, of section 1471
of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 2891 (8) and (21)); and
“(ii) institutions of higher education;
“(B) rehabilitation practitioners;
“(C) individuals with disabilities (especially such
individuals who are members of minority groups or of
populations that are unserved or underserved ny programs
under this Act); and
“(D) the parents, family members, guardians, advo¬
cates, or authorized representatives of the individuals;”;
(3) by striking paragraph (6) and inserting the following:
“(6) conducting conferences, seminars, and workshops
(including in-service training programs and programs for
individuals with disabilities) concerning advances in rehabilita¬
tion research and rehabilitation technology, pertinent to the
full inclusion and integration into society, employment,
independent living, family support, and economic and social
self-sufficiency of individuals with disabilities;”;
(4) in paragraph (7), by striking “; and” and inserting
including dissemination activities;”;
(5) in paragraph (8) —
(A) by inserting “the Health Care Financing Adminis¬
tration,” after “the Bureau of the Census,”;
(B) by inserting “widely” before “disseminating”;
(C) by striking “and others to assist in the planning
and evaluation” and inserting “, individuals with disabil¬
ities, the parents, family members, guardians, advocates,
or authorized representatives of such individuals, and oth¬
ers to assist in the planning, assessment, and evaluation”;
and
(D) by striking the period at the end and inserting
a semicolon; and
(6) by adding at the end the following paragraphs:
“(9) conducting research on consumer satisfaction with
vocational rehabilitation services for the purpose of identifying
effective rehabilitation pro^ams and policies that promote the
independence of individuals with disaoilities and achievement
of long-term vocational goals;
“(10) conducting research to examine the relationship
between the provision of specific services and long-term voca¬
tional outcomes; and
“(11) coordinating activities with the Attorney General
regarding the provision of information, training, or technical
assistance regarding the Americans with Disabilities Act of
1990 (42 U.S.C. 12101 et seq.) to ensure consistency with the
plan for technical assistance required under section 506 of
such Act (42 U.S.C. 12206).”.
(c) Director —
(1) In general.— Section 202(c)(1) (29 U.S.C. 761a(c)(l))
is amended —
(A) in the first sentence, by striking “appointed by
the President, by and with the advice and consent of the
Senate.” and inserting “appointed by the Secretary, except
that the person servii^ as the Director on the date of
the enactment of the Rehabilitation Act Amendments of
1992 may, at the pleasure of the President, continue to
serve as Director.”; and
(B) by striking the fourth sentence.
(2) Qualifications. — Section 202(c)(2) (29 U.S.C.
761a(c)(2)) is amended —
(A) by inserting after the first sentence the following:
“The Deputy Director shall be an individual with substan¬
tial experience in rehabilitation and in research administra¬
tion.”;
(B) in the sentence beginning “The Deputy Director
shall be compensated” —
(i) by striking “the rate provided for grade GS-
17 of the General Schedule under section 5332” and
inserting “the rate of pay for level 4 of the Senior
Executive Service Schedule under section 5382”; and
(ii) by striking “or disability of the Director” and
inserting “of the Director or the inability of the Director
to perform the essential functions of the job”; and
(C) by striking the last sentence.
(d) Fellowships.— Section 202(d) (29 U.S.C. 761a(d)) is
mded by inserting including individuals with disabilities,”
r “fellows”.
(e) Scientific Review.— Section 202(e) (29 U.S.C. 761a(e)) is
mded —
(1) by inserting “(1)” after the subsection designation;
(2) by striking “rehabilitation field.” and inserting the
following: “rehabilitation field (includinjg experts in the
independent living field) competent to review research grants
and programs, including knowledgeable individuals with
disabilities, and the parents, family members, guardians, advo¬
cates, or authorized representatives of the individuals. The
Director shall solicit nominations for such peer review groups
from the public and shall publish the names of the individuals
selected. Individuals comprising each peer review group shall
be selected from a pool of qualified individuals to facilitate
knowledgeable, cost-effective review.”; and
(3) by adding at the end the following:
“(2) In providing for such scientific review, the Secretary shall
tide for training of such individuals and mechanisms to receive
it from individuals with disabilities, and from the parents, fam-
embers, guardians, advocates, or authorized representatives
le individuals.”.
(f) Use of Funds. — Section 202 (29 U.S.C. 761a) is amended
itriking subsection (f) and inserting the following:
“(f) Not less than 90 percent of the funds appropriated under
title for any fiscal year shall be expendea by the Director
;arry out activities under this title through grants, contracts,
;ooperative agreements. Up to 10 percent of the funds appro-
Lted under this title for any fiscal year may be expended directly
he purpose of carrying out the functions of the Director under
section.”.
(g) Long-Range Plan.— Section 202(g) (29 U.S.C. 761a(g)) is
mded —
(1) in the matter preceding paragraph (1), by striking
“within eighteen months after the effective date of this section ,
(2) in paragraph (1), by striking “problems encountered”
and all that follows and inserting “full inclusion and integration
106 STAT. 4402
PUBLIC LAW 102-569— OCT. 29, 1992
into society of individuals with disabilities, especially in the
area of employment;”;
(3) by striking “and” at the end of paragraph (2);
(4) by striking the period at the end of paragraph (3)
and inserting “; and”; and
(5) by adding at the end the following new para^aphs;
“(4) be developed in consultation with the Rehabilitation
Research Advisory Council established imder section 205 and
after full consideration of the input of individuals with disabil¬
ities and the parents, family members, guardians, advocates,
or authorized representatives of the in^viduals, organizations
representing individuals with disabilities, providers of services
furnished under this Act, and researchers in the rehabilitation
field;
“(5) specify plans for widespread dissemination of research
results in accessible formats to rehabilitation practitioners,
individuals with disabilities, and the parents, family members,
guardians, advocates, or authorized representatives of the
individuals;
“(6) specify plans for widespread dissemination of research
results that concern individuals with disabilities who are mem¬
bers of minority groups or of populations that are unserved
or underserved by programs under this Act;
“(7) be developed by the Director —
“(A) in coordination with the Commissioner; and
“(B) in consultation with the National Council on
Disability established under title IV, the Secretary of Edu¬
cation, officials responsible for the administration of the
Developmental Disabilities Assistance and Bill of Rights
Act (42 U.S.C. 6000 et seq.), the Interagency Committee
on Disability Research established under section 203,
individuals with disabilities, the parents, family members,
guardians, advocates, or authorized representatives of the
individuals, and any other persons or entities the Director
considers appropriate; and
“(8) be revised, in the manner required by this section —
“(A) at least once every 5 years; and
“(B) at any time determined to be necessary by the
Director.”.
(h) Research Program.— Section 202(i)(2) (29 U.S.C.
761a(i)(2)) is amended by striking “this section” and inserting “this
title”.
(i) Pediatric Rehabilitation Research.— Section 202(j) (29
U.S.C. 761a(j)) is amended —
(1) in paragraph (1), by striking “for the establishment
of’ and inserting “to support”; and
(2) in paragraphs (2) and (3), by striking “establish” and
inserting “support”.
(j) Rehabilitation Researchers.— Section 202(k) (29 U.S.C.
761a(k)) is amended by striking “researchers” and all that follows
and inserting the following: “rehabilitation researchers, including
individuals with disabilities, with particular attention to research
areas that support the implementation and objectives of this Act
and that improve the effectiveness of services authorized under
this Act.”.
(k) Recommendations and Study.— Section 202 (29 U.S.C.
761a) is amended by striking subsections (1) and (m).
PUBLIC LAW 102-569— OCT. 29, 1992
106 STAT. 4403
EC. 204. INTERAGENCY COMMITTEE.
(a) Establishment.— Section 203(a)(1) (29 U.S.C. 761b(a)(l))
; amended by inserting “the Commissioner of the Rehabilitation
ervices Administration, the Assistant Secretary for Special Edu-
ition and Rehabilitative Services,” after “designees): the Director,”.
(b) Identification, Assessment, and Coordination. — Section
03(b) (29 U.S.C. 761b(b)) is amended by striking ‘The” and insert-
ig “After receiving input from individuals with disabilities and
le parents, family members, ^ardians, advocates, or authorized
spresentatives of the individuals, the”.
(c) Report. — Section 203(c) (29 U.S.C. 761b(c)) is amended
y striking “, not later than” and all that follows tiirough “shall”
tid inserting “shall annually”.
EC. 205. RESEARCH.
(a) In General.— Section 204(a) (29 U.S.C. 762(a)) is
mended —
(1) in the first sentence, by striking “demonstrations,” and
all that follows and inserting “demonstration projects, training,
and related activities, the purposes of which are to develop
methods, procedures, and rehabilitation technology, that maxi¬
mize the ftdl inclusion and integration into society, employment,
independent living, family support, and economic and social
self-sufficiency of individuals with disabilities, especially
individuals with the most severe disabilities, and improve the
effectiveness of services authorized imder this Act. In carrying
out this section, the Director shall emphasize projects that
support the implementation of titles I, III, VI, VII, and VIII.”;
and
(2) in the last sentence —
(A) by inserting after “Such projects” the following:
“, as described in the State plans submitted by State
agencies,”;
(B) by striking “special problems of homebound and
institutionalized individuals” and inserting “studies and
analysis of special problems of individuals who are home-
bound and individuals who are institutionadized”; and
(C) by striking the period at the end and inserting
the following: “, particularly individuals with disabilities,
and individuals with the most severe disabilities, who are
members of populations that are unserved or underserved
by programs imder this Act.”.
(b) Research Acttvities. — Section 204(b) (29 U.S.C. 762(b))
; amended —
(1) by redesignating paragraphs (4) through (15) as para¬
graphs (5) through (16), respectivdy;
(2) by striking the matter preceding paragraph (1) and
aU that follows through paragraph (3) and inserting the
following:
“(bXl) In addition to carrying out projects under subsection
i), the Director may make grants under this subsection (referred
) in this subsection as ‘research wants’) to pay part or all of
le cost of the specialized research or demonstration activities
scribed in paragraphs (2) through (16).
“(2)(A) ;^search grants may be used for the establishment
d support of Rehabihtetion Research and Training Centers, for
106 STAT. 4404 PUBLIC LAW 102-569— OCT. 29, 1992
the purpose of providing an integrated program of research, which
Centers shall —
“(i) be operated in collaboration with institutions of higher
education or providers of rehabilitation services or other appro¬
priate services; and
“(ii) serve as centers of national excellence and national
or regional resources for providers and individuals with disabil¬
ities and the parents, family members, guardians, advocates,
or authorized representatives of the individuals.
“(B) Hie Centers shall conduct research and training activities
by—
“(i) conducting coordinated and advanced programs of
research in rehabilitation targeted toward the production of
new knowledge that will improve rehabilitation methodology
and service delivery systems, alleviate or stabilize disabling
conditions, and promote maximum social and economic
independence of inmviduals with disabilities;
“(ii) providing training (including graduate, pre-service, and
in-service training) to assist individuals to more effectively
provide rehabilitation services;
“(iii) providing training (including graduate, pre-service,
and in-service training) for rehabilitation research personnel
and other rehabilitation personnel; and
“(iv) serving as an informational and technical assistance
resource to providers, individuals with disabilities, and the
parents, family members, guardians, advocates, or authorized
representatives of the individuals, tlmough conferences, work¬
shops, public education programs, in-service training programs,
and siii^ar activities.
“(C) The research to be carried out at each such Center may
include —
“(i) basic or applied medical rehabilitation research;
“(ii) research regarding the psychological and social aspects
of rehabilitation, including disability policy;
“(iii) research related to vocational rehabilitation;
“(iv) continuation of research that promotes the emotional,
social, educational, and functional growth of children who are
individuals with disabilities;
“(v) continuation of research to develop and evaluate inter¬
ventions, policies, and services that support families of those
children and adults who are individuals with disabilities;
“(vi) continuation of research that will improve services
and policies that foster the productivity, independence, and
social integration of individuals with disabilities, and enable
individuals with disabilities, including individuals with mental
retardation and other developmental disabilities, to live in their
communities.
“(D) Training of students preparing to be rehabilitation person¬
nel shall be an important priority for such a Center.
“(E) The Director shall make grants imder this paragraph
to esteblish and support both comprehensive centers dealing with
multiple disabilities and centers primarily focused on particular
disabilities.
“(F) Grants made under this paragr^h may be used to provide
funds for services rendered by such a Center to individuals vidth
disabilities in connection with the research and training activities,
PUBLIC LAW 102-569— OCT. 29, 1992
106 STAT. 4405
“(G) Grants made imder this paragraph may be used to provide
acuity support for teaching —
“(i) rehabilitation related courses of study for credit; and
“(ii) other courses offered by the Centers, either directly
or through another entity.
“(H) The research and training activities conducted by such
. Center shall be conducted in a manner that is accessible to
nd usable by individuals with disabilities.
“(I) The Director shall encourage the Centers to develop prac-
ical applications for the findings of the research of the Centers.
“(J) In awarding grants imder this paragraph, the Director
hall take into consideration the location of any proposed Center
nd the appropriate geographic and regional allocation of such
Jenters.
“(K) To be eligible to receive a grant under this paragraph,
ach such institution or provider shall —
“(i) be of sufficient size, scope, and quality to effectively
carry out the activities in an efficient manner consistent with
appropriate State and Federal law; and
“(ii) demonstrate the ability to carry out the training activi¬
ties either directly or through another entity that can provide
such training.
“(L) The Director shall make grants under this paragraph for
eriods of 5 years, except that the Director may make a grant
Dr a period of less than 5 years if—
“(i) the grant is made to a new recipient; or
“(ii) the grant supports new or innovative research.
“(M) Grants made under this paragraph shall be made on
competitive basis. To be eligible to receive a grant under this
aragraph, a prospective grant recipient shall submit an application
9 the Director at such time, in such manner, and containing
ch information as the Director may require.
“(N) The Director shall establish a system of peer review of
pplications for grants imder this paragraph. The peer review of
n application for the renewal of a grant made under this paragraph
hall take into account the past iDerformance of the applicant in
arrying out the grant and input mom individuals with disabilities
nd the parents, family meml^rs, guardians, advocates, or author-
sed representatives of the individu^s.
“(()) An institution or provider that receives a grant under
bis paragraph to establish such a Center may not collect more
ban 15 percent of the amount of the grant received by the Center
1 indirect cost charges.
“(3)(A) Research grants may be used for the establishment
nd support of Rehabilitation Engineering Research Centers, oper-
ted by or in collaboration with institutions of higher education
r nonprofit organizations, to conduct research or demonstration
ctivities, and training activities, regarding rehabilitation tech-
ology, including rehabilitation eng^eering, assistive technology
evices, and assistive technology services, for the purposes of
nhandng opportunities for better meeting the needs of, and
ddressing the barriers confronted by, individuals with disabilities
1 all aspects of their lives.
“(B) In order to carry out the purposes set forth in subparagraph
\.), su(h a Center shall carry out the research or demonstration
ctivities by —
106 STAT. 4406
PUBLIC LAW 102-569— OCT. 29, 1992
“(i) developing and disseminating innovative methods of
applying advanced technology, scientific achievement, and
psycnologfical and social knowledge to —
“(I) solve rehabilitation problems and remove environ¬
mental barriers through planning and conducting research,
including cooperative research with public or private agen¬
cies and organizations, designed to produce new scientific
knowledge, and new or improved methods, equipment, and
devices; and
“(II) study new or emerging technologies, products,
or environments, and the effectiveness and benefits of such
technologies, products, or environments;
“(ii) demonstrating and disseminating —
“(I) innovative models for the delivery, to rural and
urban areas, of cost-effective rehabilitation technology serv¬
ices that promote utilization of assistive technology devices;
and
“(II) other scientific research to assist in meeting the
employment and independent living needs of individuals
with severe disabilities; or
“(iii) conducting research or demonstration activities that
facilitate service delivery systems change by demonstrating,
evaluating, documenting, and disseminating —
“(I) consumer responsive and individual and family
centered innovative models for the delivery to both rural
and urban areas, of innovative cost-effective rehabilitation
technology services that promote utilization of rehabilita¬
tion technology; and
“(II) other scientific research to assist in meeting the
employment and independent living needs of, and address¬
ing the barriers confronted by, individuals with disabilities,
including individuals with severe disabilities.
“(C) To the extent consistent with the nature and type of
research or demonstration activities described in subparagraph (B),
each Center established or supported through a grant made avail¬
able under this paragraph shall —
“(i) cooperate with programs established under the Tech¬
nology-Related Assistance to Individuals With Disabilities Act
of 1988 (29 U.S.C. 2201 et seq.) and other regional and local
programs to provide information to individuals with disabilities
and the parents, family members, ^ardians, advocates, or
authorized representatives of the individuals, to —
“(I) increase awareness and understanding of how
rehabilitation technology can address their needs; and
“(II) increase awareness and understanding of the
range of options, programs, services, and resources avail¬
able, including financing options for the technology and
services covered by the area of focus of the Center;
“(ii) provide training opportunities to individuals, including
individuals with disabilities, to become researchers of
rehabilitation technology and practitioners of rehabilitation
technology in conjunction with institutions of higher education
and nonprofit organizations; and
“(iii) respond, through research or demonstration activities,
to the needs of individuals with all types of disabilities who
may benefit from the application of technology within the area
of focus of the Center.
PUBLIC LAW 102-569— OCT. 29, 1992
106 STAT. 4407
“(D)(i) In estabKshing Centers to conduct the research or dem¬
onstration activities described in subparagraph (BXiii), the Director
may establish one Center in each of the following areas of focus:
“(I) Early childhood services, including early intervention
and family support.
“(II) Education at the elementary and secondary levels,
including transition from school to postschool activities.
“(Ill) Employment, including supported employment, and
reasonable accommodations and the reduction of environmental
barriers as required by the Americans with Disabilities Act
of 1990 (42 U.S.C. 12101 et seq.) and title V.
“(IV) Independent living, including transition from institu¬
tional to community living, maintenance of community living
on leaving the work force, self-help skills, and activities of
daily living.
“(ii) Each Center conducting the research or demonstration
activities described in subpara^aph (BXiii) shall have an advisory
committee, of which the migority of members are individuals v^rith
disabilities who are users of rehabilitation technology, and the
parents, family members, guardians, advocates, or authorized rep¬
resentatives of users of rehabilitation technolo^.
“(E) Grants made imder this paragraph shall be made on
a competitive basis and shall be for a period of 5 years, except
that the Director may make a grant for a period of less than
5 years if—
“(i) the grant is made to a new recipient; or
“(ii) the grant supports new or innovative research.
“(F) To be eligible to receive a grant under this paragraph,
a prospective grant recipient shall submit an application to the
Director at such time, in such manner, and containing such informa-
ion as the Director may require.
“(G) Each Center established or supported through a grant
made available imder this paragraph shall —
“(i) cooperate with State agencies and other local, State,
regional, and national programs and organizations developing
or deUvering rehabilitation technology, including State pro¬
grams funded under the Technology-;^lated Assistance for
Individuals With Disabilities Act of 1988 (29 U.S.C. 2201 et
seq.); and
“(ii) prepare and submit to the Director as part of an
application for continuation of a grant, or as a final report,
a report that documents the outcomes of the program in terms
of both short- and long-term impact on the lives of individuals
writh disabilities, and such other information as may be
requested by the Director.
“(4)(A) Research grants may be used to conduct a program
for spinal cord injury research, including conducting such a program
by making grants to public or private agencies and organizations
to pay part or all of the costs of special projects and demonstration
rejects for spinal cord injuries, that will —
“(i) ensure widespread dissemination of research findings
among all Spinal Cord Iqjury. Centers, to rehabilitation
practitioners, individuals with spinal cord injury, the parents,
family members, guardians, advocates, or authorized represent¬
atives of such individuals, and organizations receiving financial
assistance under this paragraph;
Reports.
06 STAT. 4408
PUBLIC LAW 102-569— OCT. 29, 1992
“(ii) provide encouragement and support for initiatives and
new approaches by individual and institutional investigators;
and
“(iii) establish and maintain close working relationships with
other governmental and voluntary institutions and organizations
engaged in similar efforts in order to unify and coordinate scientific
efforts, encourage joint planning, and promote the interchange of
data and reports among spinal cord iiyury investigations.
“(B) Any agency or organization canying out a project or dem¬
onstration project assisted by a grant under this paragraph that
provides services to individuals with spinal cord injuries shall—
“(i) establish, on an appropriate regional basis, a multidisci¬
plinary system of providing vocational and other rehabilitation
services, specifically designed to meet the special needs of
individuals with spinal cord injuries, including acute care as
well as periodic inpatient or outpatient followup and services;
“(ii) demonstrate and evaluate the benefits to individuals
with spinal cord injuries served in, and the degree of cost
effectiveness of, such a regional system;
“(iii) demonstrate and evaluate existing, new, and improved
methods and equipment essential to the care, management,
and rehabilitation of individuals with spinal cord injuries; and
“(iv) demonstrate and evaluate methods of community out¬
reach for individuals with spinal cord injuries and community
education in connection with the problems of such individuals
in areas such as housing, transportation, recreation, employ¬
ment, and community activities.
“(C) In awarding grants under this paragraph, the Director
shall take into account the location of any proposed Spinal Cord
Injury Center and the appropriate geographic and regional alloca¬
tion of such Centers.”;
(3) in paragraphs (5) through (16) (as so redesignated by
paragraph (1) of this subsection), by striking “Conduct of’ the
first place in each such paragraph that the term appears and
inserting “Research grants may be used to conduct”;
(4) in paragraph (9) (as so redesignated by paragraph (1)
of this subsection), to read as follows:
“(9) Research grants may be used to conduct a program of
research related to the rehabilitation of children, or older individ¬
uals, who are individuals with disabilities, including older American
Indians who are individuals with disabilities. Such research pro¬
gram may include projects designed to assist the adjustment of,
or maintain as residents in the community, older workers who
are individuals with disabilities on leaving the work force.”;
(5) in paragraph (12)(A) (as so redesignated by paragraph
(1) of this subsection), by inserting “assessment,” after “early
intervention,”; and
(6) in paragraph (13) (as so redesignated by paragraph
(1) of this subsection) —
(A) in the matter preceding subparagraph (A), by strik¬
ing “developing the employment potential” and inserting
“addressing the employment needs”; and
(B) in subparagraph (B), by striking “potential” and
inserting “needs”.
SEC. 206. REHABILITATION RESEARCH ADVISORY COUNCIL.
(a) Council. — ^Title n (29 U.S.C. 760 et seq.) is amended by
adding at the end the following new section:
“REHABILITATION RESEARCH ADVISORY COUNCIL
“Sec. 205. (a) Establishment. — Subject to the availability of 29 use 765.
appropriations, the Secretary shall establish in the Department
of Education a Rehabilitation Research Advisory Council (referred
to in this section as the ‘Councir) composed of 12 members
appointed by the Secretary.
“(b) Duties. — ^The Council shall advise the Director with respect
to research priorities and the development and revision of the
long-range plan required by section 202(g).
“(c) Qualifications. — ^Members of the Council shall be gen¬
erally representative of the community of rehabilitation profes¬
sion's, the community of rehabilitation researchers, the community
of individuals with disabilities, and the parents, family members,
guardians, advocates, or authorized representatives of the individ¬
uals. At least one-half of the members shall be individuals with
disabilities or parents, family members, guardians, advocates, or
authorized representatives of the individuals.
“(d) Terms of Appointment.—
“(1) Length of term. — ^Each member of the Council shall
serve for a term of up to 3 years, determined by the Secretary,
except that —
“(A) a member appointed to fill a vacancy occurring
prior to the expiration of the term for which a predecessor
was appointed, shall be appointed for the remainder of
such term; and
“(B) the terms of service of the members initiallv
appointed shall be (as specified by the Secretary) for such
fewer number of years as will provide for the expiration
of terms on a staggered basis.
“(2) Number of terms. — No member of the Council may
serve more than two consecutive full terms. Members may
serve after the expiration of their terms xmtil their successors
have taken office.
“(e) Vacancies. — Any vacancy occurring in the membership
of the Coimcil shall be filled in the same manner as the ori^al
appointment for the position being vacated. The vacancy shall not
affect the power of the remaining members to execute the duties
of the Council.
“(f) Payment and Expenses. —
“(1) Payment. — ^Each member of the Council who is not
an officer or foll-time employee of the Federal Government
shall receive a parent of $150 for each day (including travel
time) during which the member is engaged in the performance
of duties for the Coimcil. All members of the Council who
are officers or full-time employees of the United States shall
serve without compensation in addition to compensation
received for their services as officers or employees of the United
States.
“(2) Travel expenses. — ^Each member of the Council may
receive travel expenses, including per diem in lieu of subsist¬
ence, as authorized by section 5703 of title 5, United States
Code, for employees serving intermittently in the Government
6 STAT. 4410
PUBLIC LAW 102-569— OCT. 29, 1992
service, for each day the member is engaged in the performance
of duties away from the home or reg^ar place of business
of the member.
“(g) Detail of Federal Employees.— On the request of the
Coimcil, the Secretary may detail, with or without reimbursement,
any of the personnel of the Department of Education to the Council
to assist the Coimcil in canT^ng out its duties. Any detail shall
not interrupt or otherwise affect the civil service status or privileges
of the Federal employee.
“(h) Technical Assistance.— On the request of the Council,
the Secretary shall provide such technical assistance to the Council
as the Council determines to be necessary to carry out its duties.
“(i) Termination. — Section 14 of the Federal Advisory Commit¬
tee Act (5 U.S.C. App.) shall not apply with respect to the Council.”.
(b) Table of Contents.— The table of contents relating to
the Act is amended by inserting after the item relating to section
204 the following:
“Sec. 205. Rehabilitation Research Advisory Council.”.
TITLE III— TRAINING AND
DEMONSTRATION PROJECTS
SEC. 301. DECLARATION OF PURPOSE; ORGANIZATION.
(a) Purpose. — Section 300 (29 U.S.C. 770) is amended —
(1) by redesignating paragraphs (1) through (4) as para¬
graphs (4), (3), (2), and (5), respectively;
(2) by inserting paragraphs (2) and (3) (as so redesignated
by paragraph (1) of this subsection), respectively, before para¬
graph (4) (as so redesignated by paragraph (1) of this
subsection);
(3) by inserting before paragraph (2) the following;
“(1) authorize grants and contracts to —
“(A) ensure that skilled personnel are available to pro¬
vide rehabilitation services to individuals with disabilities
through vocational, medical, social, and psychological
rehabilitation programs, through supported employment
programs, through independent living services programs,
and through client assistance programs;
“(B) maintain and upgrade basic skills and knowledge
of personnel employed to provide state-of-the-art service
delivery systems and rehabilitation technology services;
and
“(C) provide training and information to individuals
with disabilities, the parents, families, guardians, advo¬
cates, and authorized representatives of the individuals,
and other appropriate parties to develop the skills nec¬
essary for individuals with disabilities to access the
rehabilitation system and to become active decisionmakers
in the rehabilitation process;”;
(4) in paranaph (2) (as so redesignated by paragraph (1))
by striking “and” at the end;
(5) in paragraph (3) (as so redesimated by paragraph (1))
by striking “training” and inserting “rehabilitation”; and
(6) in paragraph (4) (as so redesignated by paragraph (1))
by striking “construction” and all that follows and inserting
V&V* ▼ W ▼ V'XAAWJIX V \fM. \^\fAXXXXA%JLM.Ul/Jf X dlCLUllA l/ClI/XUXl
programs; and”.
(b) Organization.— Title III (29 U.S.C. 770 et seq.) is
amended —
(1) by striking the headings for the title and part A of
the title and inserting the following:
“TITLE III— TRAINING AND DEMONSTRATION PROJECTS
“Part A— Training Programs and Community Rehabilitation
Programs”;
(2) by striking section 301 (29 U.S.C. 771);
(3) by redesignating sections 300, 302, 303, and 304 (29
U.S.C. 770, 772, 773, and 774) as sections 301, 303, 304, and
302, respectively; and
(4) oy inserting section 302 (as so redesignated by para¬
graph (3) of this subsection) after section 301.
(c) Conforming Amendments.— The table of contents relating
to title III is amended to read as follows:
“TITLE III— TRAINING AND DEMONSTRATION PROJECTS
“Part A— Training Programs and Community Rehabilitation Programs
“Sec. 301. Declaration of purpose.
“Sec. 302. Training.
“Sec. 303. Vocational rehabilitation services for individuals with disabilities.
“Sec. 304. Loan guarantees for community rehabilitation programs.
“Sec. 305. Comprehensive rehabilitation centers.
“Sec. 306. General grant and contract requirements.
‘Tart B — Special Projects
“Sec. 310. Authorization of appropriations.
“Sec. 311. Special demonstration programs.
“Sec. 312. Migratory workers.
“Sec. 314. Reader services for individuals who are blind.
“Sec. 315. Inteiyreter services for individuals who are deaf.
“Sec. 316. Special recreational programs.”.
SEC. 302. TRAINING.
(a) Training Grants and Contracts. —
(1) Certain projects.— Section 302(a) (29 U.S.C. 774(a))
(as so redesignated by section 301(b)(3)) is amended in the
first sentence —
(A) in the matter preceding parajgraph (1) —
(i) by inserting after “traineeships, and related
activities” the following: “, including the provision of
technical assistance,”; and
hi) by inserting and other services provided
under this Act,” after “rehabilitation services”;
(B) in paragraph (1), by striking “specially” and insert¬
ing “^ecifically ’;
(C) in paragraph (2), by inserting before the comma
at the end the following: “, including needs for rehabilita¬
tion technology services”;
(D) in paragraph (3)—
(i) by striking “comprehensive services for
independent living” and inserting “independent living
services”; and
(ii) by striking “and” at the end;
(E) by redesignating paragraph (4) as paragraph (5);
and
29 use 771a.
29 use 771a.
29 use 771a.
106 STAT. 4412
PUBLIC LAW 102-569— OCT. 29, 1992
29 use 771a.
Colleges and
universities.
Minorities.
29 use 771a.
(F) by inserting after paragraph (3) the following: “(4)
personnel specifically trained to deliver services, through
supported emplo}^ent pro^ams, to individuals with the
most severe disabilities, aniT;
(2) Certain requirements; appucation for assist¬
ance. — Section 302(a) (29 U.S.C. 774(a)), as amended by para¬
graph (1), is amended —
(A) by striking the second and third sentences;
(B) by redesignating paragraphs (1) through (5) as
subparagraphs (A) through (E), respectively;
(C) by inserting “(1)” after the subsection designation;
and
(D) by adding at the end the following paragraphs:
“(2) Grants and contracts imder paragraph (1) may be expended
for scholarships, with necessary stipends and allowances.
*'(3) In carrying out this subsection, the Commissioner shall
furnish training regarding the services provided imder this Act,
and, in particidar, services provided in accordance with amend¬
ments made by the Rehabilitation Act Amendments of 1992, to
rehabilitation counselors and other rehabilitation personnel. In
carrying out this subsection, the Commissioner shall also furnish
training to such counselors and personnel regarding the applicabil¬
ity of section 504 of this Act, title I of the Americans with Disabil¬
ities Act of 1990, and the provisions of titles II and XVI of the
Social Security Act that are related to work incentives for individ¬
uals with disabilities.
“(4) The Commissioner, in carrying out this subsection, shall
make grants to Historically Black Colleges and Universities and
other institutions of higher education whose minority student enroll¬
ment is at least 50 percent.
“(5) No grant shall be awarded under this section unless the
applicant has submitted an application to the Commissioner in
such form, and in accordance with such procedures, as the Commis¬
sioner may require. Any such application shall include a detailed
description of strategies that will be utilized to recruit and train
persons so as to reflect the diverse populations of the United States,
as part of the effort to increase the number of individuals with
disabilities, and individuals who are members of minority groups,
who are available to provide rehabilitation services.”.
(b) Projects.— Section 302(b) (29 U.S.C. 774(b)) is amended —
(1) by striking paragraph (1) and inserting the following:
“(1)(A) In making such wants or contracts, the Commissioner
shall target funds made available for any year to areas of personnel
shortage.
“(B) Projects described in subsection (a) may include —
“(i) projects to train personnel in the areas of vocational
rehabilitation counseling, rehabilitation technology, rehabilita¬
tion medicine, rehabilitation nursing, rehabilitation social work,
rehabilitation psychiatry, rehabilitation psychology, rehabilita¬
tion dentistry, physical therapy, occupational therapy, speech
pathology and audiology, physical education, therapeutic recre¬
ation, community rehabilitation programs, or prosthetics and
orthotics;
“(ii) projects to train personnel to provide-j-
“(I) services to individuals with specific disabilities or
specific impediments to rehabilitation, including individ-
uals who are members of populations that are unserved
or underserved by programs imder this Act;
‘‘(II) job development and job placement services to
individuals with disabilities;
“(III) supported employment services, including serv¬
ices of employment specialists for individuals with
disabilities;
“(IV) specialized services for individuals with severe
disabilities; or
“(V) recreation for individuals with disabilities; and
“(iii) projects to train personnel in other fields contributing
to the rehabilitation of individuals with disabilities.”; and
(2) in paragraph (3)(A) —
(A) by inserting for any academic year beginning
after June 1, 1992,” after “who receives a scholarship’^
and
(B) by striking clause (i) and inserting the following;
“(i) maintain emplo3rment —
“(I) in a nonprofit rehabilitation agency or related
agency or in a State rehabilitation agency or related agency,
including a professional corporation or professional practice
group through which the individual has a service arrange¬
ment with the designated State agency;
“(II) on a full- or part-time basis; and
“(III) for a period of not less than the full-time equiva¬
lent of 2 years for each year for which assistance imder
this section was received,
within a period, bednning after the recipient completes the
training for which the scholarship was awarded, of not more
than the sum of the number of years in the period described
in subclause (HI) and 2 additional years; and”.
(c) Technician Training; Career Advancement and Com-
rENCY-BASED TRAINING. — Section 302 (29 U.S.C. 774) is 29USC77ia.
ended —
(1) by redesignating subsections (d) through (f) as sub¬
sections (f) through (h), respectively; and
(2) by inserting after subsection (c) the following
subsections:
“(d) In carrying out subsection (a), the Commissioner shall
rd two grants to States, public or nonprofit private agencies
1 organizations, and institutions of higher education to support
development of rehabilitation technician programs. Such pro¬
ms shall be designed to train local employees, who are recruited
m or reside in a community historically unserved or underserved
proCTams providing vocational rehabilitation services under this
to be liaisons between the community and vocational rehabilita-
1 counselors. The rehabilitation technician pro|pram shall provide
nechanism through which individuals with disabilities residing
remote, isolated settings can successfully access vocations
labilitation services.
“(e)(1) In carrying out subsection (a), the Commissioner shall
ard two grants to States, public or nonprofit private agencies
1 organizations, and institutions of higher education to support
formation of consortia or partnerships of public or nonprofit
vate entities for the purpose of providing opportunities for career
rancement or conmetency-based training to current employees
public or nonprofit private agencies that provide services to
106 STAT. 4414
PUBLIC LAW 102-569— OCT. 29, 1992
Urban and
rural areas.
Contracts.
29 use 771a.
individuals with disabilities. Such opportunities shall include certifi¬
cate or degree granting programs in vocational rehabilitation serv¬
ices and related services.
“(2) An entity that receives a grant under paragraph (1) may
use the grant for purposes including —
“(A) establishing a program with an institution of higher
education to develop creative new programs and coursework
options, or to expand existing pro^ams, concerning the fields
of vocational rehabilitation services and related services,
including —
“(i) providing release time for faculty and staff for
curriculum development; and
“(ii) pa3dng for instructional costs and startup and
other program development costs;
“(B) establishing a career development mentoring program
using faculty and professional staff members of participating
agencies as role models, career sponsors, and academic advisors
for experienced State, city, and county employees, and volun¬
teers, who—
“(i) have demonstrated a commitment to working in
the fields described in clause (i); and
“(ii) are enrolled in a program relating to such a field
at an institution of higher education;
“(C) supporting a wide range of programmatic and research
activities aimed at increasing opportimities for career advance¬
ment and competency-based training in such fields; and
“(D) identifying existing public or private agency and labor
union personnel policies and benefit programs that may facili¬
tate the ability of employees to t^e advantage of higher
education opportunities, such as leave time and tuition
reimbursement.
“(3) In making grants for projects under paragraph (1), the
Com^ssioner shall ensure that the projects shall be geographically
distributed throughout the United States in urban and rural areas.
“(4) The Commissioner shall, for the purpose of providing tech¬
nical assistance to States or entities receiving ^ants under para¬
graph (1), enter into a cooperative agreement uirough a separate
competition vdth an entity that has successfully demonstrated the
capacity and expertise in the education, training, and retention
of employees to serve individuals with disabilities through the use
of consortia or partnerships established for the purpose of retraining
the existing work force and providing opportunities for career
enhancement.
“(5) The Commissioner may conduct an evaluation of projects
funded under this subsection.
“(6) During the period in which an entity is receiving financial
assistance imder paragraph (1), the entity may not receive financial
assistance under paragraph (4).”.
(d) Office of Deafness and Communicative Disorders. —
Section 302(f) (29 U.S.C. 774(f)) (as so redesignated by subsection
(c)) is amended —
(1) in paragraph (1) —
(A) in the first sentence —
(i) by striking “deaf individuals” auid inserting
“individuals who are deaf and individuals who are
deaf-blind”;
PUBLIC LAW 102-569— OCT. 29, 1992
106 STAT. 4415
(ii) by striking “Office of Information and
Resources for Individuals With Disabilities” and insert¬
ing “Office of Deafness and Commimicative Disorders”;
and
(iii) by striking “grants under this section” and
inserting “grants”; and
(B) by striung the second sentence; and
(2) in paragraph (2) —
(A) in the matter preceding subparagraph (A), by strik¬
ing “this section” and inserting “paragraph (1)”;
(B) in subpara^aph (B), by strilung “deaf individuals”
and inserting “in£viduals who are deaf and individuals
who are deaf-blind”;
(C) in subparagraph (C), by adding “and” after the
semicolon at the end;
(D) by striking subparagraph (D); and
(E) by redesignating subparagraph (E) as subpara¬
graph (D).
(e) Compensation of Experts and Consultants. — Section
2(g) (29 U.S.C. 774(g)) (as so redesignated by subsection (c))
amended —
(1) in paragraph (1), by striking “rehabilitation facilities”
and inserting “community rehabilitation programs”;
(2) in paragraph (2), by striking “the daily rate payable
for grade GS-18 of the General Schedule imder section 5332”
and inserting “the daily equivalent of the rate of pay for level
4 of the Senior Executive l^rvice Schedule imder section 5382”;
and
(3) by adding at the end the following:
“(3XA) Subject to subparagraph (B), at least 15 percent of
e sums appropriated to carry out this section shall be allocated
designated State agencies to be used, directly or indirectly, for
ojects for in-service training of rehabilitation personnel, including
Djects designed —
“(i) to address recruitment and retention of qualified
rehabilitation professionals;
“(ii) to provide for succession planning;
“(iii) to provide for leadership development and capacity
building; and
“(iv) for fiscal years 1993 and 1994, to provide training
regarding the amendments to this Act made by the Rehabilita¬
tion Act Amendments of 1992.
“(B) If the allocation to designated State agencies required
subparagraph (A) would result in a lower level of funding for
ojects being carried out on the date of enactment of the Rehabilita-
m Act Amendments of 1992 by other recipients of funds under
is section, the Commissioner may allocate less than 15 percent
the sums described in subparagraph (A) to designated State
encies for such in-service training.”.
(f) Relationship to Training Activities.— Section 302 (29
S.C. 774) (as amended by subsection (c)) is amended by adding
the end the following:
“(i)(l) Consistent with paragraph (2), and consistent with the
neral authority set forth in this section to fund training activities,
thing in this Act shall be construed to prohibit the Commissioner
»m exercising authority under this title, or making available
29 use 771a.
29 use 771a.
36 STAT. 4416
PUBLIC LAW 102-569— OCT. 29, 1992
funds appropriated to carry out this title, to fund the training
activities described in section 803.
“(2) If the amount of funds appropriated for a fiscal year to
carry out this section exceeds the amount of funds appropriated
for the preceding fiscal year to carry out this section, adjusted
by the percent by which the average of the estimated gross domestic
product fixed-weight price index for that fiscal year differs from
that estimated index for the preceding fiscal year, the amount
of the excess shall be treated as if the excess were appropriated
under title VIII.”.
SEC. 303. COMMUNITY REHABILITATION PROGRAMS FOR INDIVID¬
UALS WITH DISABILITIES.
(a) Authorization of Appropriations.— Section 303(a) (29
U.S.C. 772(a)) (as so redesignated by section 301(bX3)) is amended
by striking “1987” and all that follows and inserting “1993 through
1997.”.
(b) Establishment.— Section 303(b) (29 U.S.C. 772(b)) is
amended —
(1) in paragraph (1) —
(A) by striking “training services” and inserting
“rehabilitation services or emplo3nnent support services”;
and
(B) by striking “rehabilitation facilities” and inserting
“community rehabilitation programs”;
(2) in paragraph (2) —
(A) by striking subparagraph (A) and inserting the
following:
“(A) For purposes of this section, vocational rehabilitation serv¬
ices shall include —
“(i) training with a view toward career advancement;
“(ii) training (including on-the-job training) in occupational
skills; and
“(iii) services, including rehabilitation technology services,
personal assistance services, and supported employment serv¬
ices and extended services, that —
“(I) are related to training described in clause (i) or
(ii); and
“(II) are required by the individual to engage in such
training.”; and
(B) in subparagraph (B) —
(i) by inserting after “(B)” the following new sen¬
tence: “Pursuant to regulations, pa3nnent of weekly
allowances may be made to individuals receiving voca¬
tional rehabilitation services and related services under
this section.”;
(ii) in the second sentence (as placed pursuant
to clause (i) of this subparagraph), by striking “, and
such allowances” and all that follows and inserting
a period; and
(iii) in the last sentence —
(I) by striking “training services” and inserting
“vocational rehabilitation services”; and
(II) by striking “gainful and suitable” and
inserting “competitive”; and
(3) in paragraph (3)—
(A) in subparagraph (A), by striking "gainful and suit¬
able employment” and inserting “competitive emplo3nment,
or to place or retain such individual in competitive
employment”;
(B) in subparagraph (B) —
(i) by striking “suitable for and”;
(ii) by strikmg “training” each place the term
appears and inserting ‘Vocational rehabilitation”; and
(iii) by striking “rehabilitation facility” and insert¬
ing “community rehabilitation program”;
(C) in subparagraph (C), by striking “training” and
inserting “vocational rehabilitation”; and
(D) in subparagraph (D), by striking “rehabilitation
facility and tne training’ and inserting “community
rehabilitation program and the vocational rehabilitation .
(c) Additional Grants.— Section 303 (29 U.S.C. 772) is
amended —
(1) by redesignating subsection (c) as subsection (d);
(2) by inserting after subsection (b) the following:
“(c) The Commissioner is also authorized to make grants, upon
applications approved by the designated State agency, to public
or nonprofit agencies, institutions, or organizations to assist them
in meeting the cost of planning commimity rehabilitation programs,
the cost of the services to be provided by such programs, and
initial staffing costs of such programs.”; and
(3) in subsection (a)(1) (as so redesignated by paragraph
(D) —
(A) by striking “rehabilitation facilities” and inserting
“community rehabilitation programs”; and
(B) by striking “such facilities” and inserting “such
programs’*.
(d) (JONFORMING AMENDMENT.— The heading of section 303 (29
U.S.C. 772) is amended by striking “training” and inserting
“REHABILITATION”.
SEC. 304. LOAN GUARANTEES.
Section 304 (29 U.S.C. 773) (as so redesignated by section
301(bX3)) is amended —
(1) in the heading for the section, by striking “REHABILITA¬
TION facilities” and inserting “COMMUNITY REHABILITATION
PROGRAMS”;
(2) in subsection (a), by striking “facilities for” and inserting
“commimity rehabilitation^; and
(3) in subsection (b>—
(A) by inserting “under special circumstances and”
after “may,”; and
(B) by striking “rehabilitation facilities” and inserting
“facilities for community rehabilitation programs”.
SEC. 305. COMPREHENSIVE REHABILITATION CENTERS.
Section 305 (29 U.S.C. 775) is amended —
(1) in subsection (d)(1), by striking “facilit}^” and inserting
“center”; and
(2) in subsection (g), by striking “1987,” and all that follows
and inserting “1993 through 1997.”.
SEC. 306. GENERAL GRANT AND CONTRACT REQUIREMENTS.
Section 306 (29 U.S.C. 776) is amended —
06 STAT. 4418
PUBLIC LAW 102-569— OCT. 29, 1992
(1) in subsection (a), by striking “section 302” and inserting
“section 303”;
(2) in subsection (bX4), by striking “rehabilitation facilities”
and inserting “facilities for community rehabilitation
programs”;
(3) in subsection (f), by striking “rehabilitation facility”
and inserting “facility for a community rehabilitation program”;
and
(4) in subsection (h), by striking “establishing facilities”
and inserting “developing or improving community rehabilita¬
tion programs”.
SEC. 307. AUTHORIZATION OF APPROPRIATIONS FOR SPECIAL
PROJECTS AND SUPPLEMENTARY SERVICES.
Section 310 (29 U.S.C. 777) is amended —
U) by striking “(a)” after “310.”;
(2) by striking “and 316” and inserting “312, and 316”;
(3) by striking “$15,860,000” and all that follows and insert¬
ing “such sums as may be necessary for each of fiscal years
1993 through 1997.”; and
(4) by striking subsection (b).
SEC. 308. SPECIAL DEMONSTRATION PROGRAMS.
(a) Grants. — Section 311(a) (29 U.S.C. 777a(a)) is amended —
(1) in paragraph (1) —
(A) by striking “and, where appropriate, constructing
facilities”; and
(B) by striking “blind or deaf individuals,” and all
that follows and inserting the following: “individuals who
are members of populations that are unserved or under¬
served by the programs under this Act, individuals who
are blind, and individuals who are deaf,”;
(2) in paragraph (2), by striking “new careers);” and insert¬
ing “new careers and career advancement);”;
(3) in paragraph (3), by striking “and, where appropriate,
renovating and constructing facilities”; and
(4) by striking the matter after and below paragraph (4).
(b) Certain Requirements.— Section 311 (29 U.S.C. 777a) is
amended by striking subsection (b) and redesignating subsections
(c) throimh (e) as subsections (b) through (d), respectively.
(c) Special Projects and Demonstrations Providing Sup¬
ported Employment.— Section 311(c) (29 U.S.C. 777a(d)) (as so
redesignated by subsection (b)) is amended —
(1) in paragraph (1>—
(A) in subparagraph (A) —
(i) by strilung “rehabilitation facilities” and insert¬
ing “community rehabilitation programs”; and
(ii) by inserting before the period the following:
“, including continuation of determinations of the
effectiveness of natural supports or other alternatives
to providing extended employment services”;
(B) in subparagraph (B) —
(i) by strilang “and” before “(hi)”; and
(ii) in clause (hi), by strildng “community-based
rehabilitation facilities” and inserting “community
rehabilitation programs”; and
(C) by adding at the end the following subparagraph:
“(C) Not less than two such ^ants shall serve individuals
10 either are low-functioning and deaf or low-functioning and
ird-of-hearing.”;
(2) in paragraph (3XA), by striking 1988, and on each
subsequent June F and inserting “of eacn year”; and
(3) in paragraph (4), by striking “$9,000,000” and all that
follows and inserting “such sums as may be necessary for
each of fiscal years 1^3 through 1997.”.
(d) Model Statewide Transitional Planning Services.—
iction 3li(d) (29 U.S.C. 777a(e)) (as so redesignated by subsection
)) is amended —
(1) by striking paragraph (3);
(2) by redesignating paragraphs (4) and (5) as paragraphs
(3) and (4), respectively;
(3) in paragraph (3XA) (as redesignated by paragraph (2)
of this subsection)—
(A) by striking clause (ii); and
(B) by striking the clause designation; and
(4) in paragraph (4) (as redesignated by paragraph (2)
of this subsection), by striking “$450,000” ana all that follows
and inserting “such sums as may be necessary for each of
ttie fiscal years 1993 through 1997.”.
(e) Educational and Vocational Rehabilitation Dem-
rsTRATiON Projects Regarding Low-Functioning. — Section 311
^ U.S.C. 777a), as amended by subsection (b), is amended by
ding at the end the following new subsection:
“(e)(1) The Commissioner may make grants to public or private
stitutions to pay for the cost of developing special projects and
monstration projects to address the general education, counseling,
ational training, work transition, supported emplo3rment, j(m
icement, followup, and community outreach needs of individuals
10 are either low-functioning and deaf or low-functioning and
rd-of-hearing. Such projects shall provide educational and voca-
mal rehabilitation services that are not otherwise available in
e region involved and shall maximize the potential of such individ-
ils, including individuals who are deaf and have additional severe
sabilities.
“(2) The Commissioner shall monitor the activities of the recipi-
ts of grants under this subsection to ensure that the recipients
ryy out the projects in accordance with paragraph (1), that the
[npients coordinate the projects as described in paragraph (3),
d that information about innovative methods of service delivery
veloped by such projects is disseminated.
“(3) The Commissioner shall prepare and submit an annual
port to Congress that includes an assessment of the manner
which the recipients carrying out the projects coordinate the
jects with projects carried out by other public or nonprofit agen¬
ts serving individuals who are deaf, to expand or improve services
: such individuals.”.
(f) Relationship to Special Demonstration Programs.— Sec-
►n 311 (29 U.S.C. 777a), as amended by subsection (e), is amended
adding at the end the following new subsection:
“(fXl) Consistent with paragraph (2), and consistent with the
neral authority set forth in this section to fund special demonstra-
►n programs, projects, and activities, nothing in this Act shall
construed to prohibit the Commissioner from exercising authority
ider this title, or making available funds appropriated to carry
•t this title, to fund programs, projects, and activities described
section 802.
Reports.
06 STAT. 4420
Reports.
PUBLIC LAW 102-569— OCT. 29, 1992
*"(2) If the amount of funds appropriated for a fiscal year to
carry out this section exceeds the amount of funds appropriated
for the preceding fiscal year to carry out this section, a^'usted
by the percent by which ^e average of the estimated gross domestic
product fixed-weight price index for that fiscal year differs from
that estimated index for the preceding fiscal year, the amount
of the excess shall be treated as if the excess were appropriated
under title VIII”.
SEC. 309. MIGRATORY WORKERS.
(a) Collaboration. — ^The first sentence of section 312 (29
U.S.C. 777b) is amended —
(1) by inserting “(a)” after “312.”; and
(2) by inserting “to nonprofit agencies working in collabora¬
tion with such State agency,” after ^section 101,”.
(b) Authorization of Appropriations.— Section 312 (29 U.S.C.
777b) is amended by adding at the end the following new subsection:
“(b) Authorization of Appropriations.— There are authorized
to be appropriated for fiscal years 1993 through 1997 such sums
as may be necessary to carry out this section.”.
SEC. 310. SPECIAL RECREATIONAL PROGRAMS.
(a) Grants. — Section 316(a) (29 U.S.C. 777f(a)) is amended —
(1) in paragraph (1) —
(A) in the first sentence —
(i) by striking “part or all” and inserting “the Fed¬
eral share”; and
(ii) by inserting “employment,” before “mobility,”;
and
(B) in the second sentence, by insertiim “vocational
skills development,” before “leisure education, ,
(2) in para^aph (2), by striking “a minimum of a three-
year period.” and inserting “a period of not more than 3 years.
Such a grant shall not be renewable, except that the Commis¬
sioner may renew such a grant if the Commissioner determines
that the grant recipient will continue to develop model or
innovative programs of exceptional merit or will contribute
substantially to the development or improvement of special
recreational programs in other locations.”;
(3) in paragraph (3), by striking “to be made, and that”
and all that follows and inserting “to be made.”; and
(4) by adding at the end the following new paragraphs:
“(4) To be eligible to receive a grant under this section, a
State, agency, or organization shall submit an application to the
Commissioner at such time, in such manner, and containing such
information as the Commissioner may require, including a descrip¬
tion of—
“(A) the manner in which the findings and results of the
project will be made generally available; and
“(B) the means by which the service program will be contin¬
ued after Federal assistance ends.
“(5) Recreation progrsims fancied under this section shall main¬
tain, at a minimum, the same level of services over a 3-year project
period.
“(6) The Commissioner shall, not later than 180 days after
the date of enactment of the Rehabilitation Act Amendments of
1992, develra means to objectively evaluate, and encourage the
repliration of, activities assisted by this section.
“(7) The Commissioner shall require each recipient of a grant
under this section to annually prepare and submit a report on
PUBLIC LAW 102-569— OCT. 29, 1992
106 STAT. 4421
le results of the activities assisted by the grant. The Commissioner
laU not make financial assistance available to a grant recipient
r a subsequent year until the Commissioner has received and
raluated such a report from the recipient regarding the current
iar.
“(8) The Commissioner shall annually issue and provide for Reports,
le dissemination of a report describing the findings and results
' programs funded by this section.
**(9) The Federal share of the costs of the recreation programs
lall be 100 percent for the first year of the grant, 75 percent
r the second year, and 50 percent for the third year.”.
(b) Authorization of Appropriations.— Section 316(b) (29
.S.C. 777f(b)) is amended by striking “$2,330,000” and all that
llows and inserting “such sums as may be necessary for each
‘the fiscal years 1993 through 1997.”.
TITLE IV— NATIONAL COUNCIL ON
DISABILITY
3C. 401. ESTABLISHMENT OF NATIONAL COUNCIL ON DISABILITY.
(a) In General.— Section 400(a) (29 U.S.C. 780(a)) is
nended —
(1) in paragraph (1) —
(A) by mserting “(A)” after “(1)”;
(B) bpr inserting after the first sentence the following:
“(B) The President shall select members of the National Council
ter soliciting recommendations from representatives of—
“(i) organizations representing a broad range of individuals
with disabilities; and
“(ii) organizations interested in individuals with disabil¬
ities.
“(C) The members of the National Council shall be individuals
Lth disabilities or individuals who have substantial knowledge
‘ experience relating to disability policy or progrjims.”;
(C) in the last sentence, by striking “At least five
members” and inserting “A mmority of the members”; and
(D) by adding at the end the following sentence; “The
members of the National Council shall be broadly rep¬
resentative of minority and otiier individuals and groups.”;
and
(2) by striking paragraph (2) and inserting the following;
“(2) The purpose of the National Council is to promote policies,
'ograms, practices, and procedures that —
“(A) guarantee equal opportunity for all individuals with
disabilities, regardless of the nature or severity of the disability;
and
“(B) empower individuals with disabilities to achieve eco¬
nomic self-sufficien(^, independent living, and inclusion and
integration into all aspects of society.”.
(b) Terms. — Section 400(b) (29 if.S.C. 780(b)) is amended —
(1) by striking paragraph (1) and inserting the following:
“(1) Each member of tiie National Council shall serve for a
rm of 3 years, except that the terms of service of the members
itially appointed after the date of enactment of the Rehabilitation,
Qmprehensive Services, and Developmental Disabilities Amend-
ents of 1978 shall be (as specified Iw the President) for such
er number of ^ears as will provide for the expiration of terms
1 a staggered basis.”; and
106 STAT. 4422
PUBLIC LAW 102-569— OCT. 29, 1992
Reports.
(2) Iw striking paragraph (2) and inserting the following:
‘‘(2XA) No member of the Council may serve more than two
consecutive iiill terms beginning on the date of initial service on
the CouncU. Members may serve after the expiration of their terms
until their successors have taken office.
**(8) As used in this paragraph:
‘‘(i) The term *11111 term’ means a term of 3 years.
“(ii) The term ‘date of initial service’ means, with respect
to a member, the date on which the member is sworn m.”.
SEC. 402. DUTIES OF NATIONAL COUNCIL.
(a) Duties. — Section 401(a) (29 U.S.C. 781(a)) is amended —
(1) by striking paragraph (1) and inserting the following:
“(1) provide advice to the Director with respect to the
policies and conduct of the National Institute on Disability
and Rehabilitation Research, including ways to improve
research concerning individuals with disabilities and the meth¬
ods of collecting and disseminating findings of such research;”;
(2) by redesignating paragraphs (4), (5), (6), (7), and (8)
as paragraphs (5), (6), (8), (9), and (10);
(3) by inserting after paragraph (3) the following
paragraph:
^4) provide advice regarding priorities for the activities
of the Interagency Disability Coordinating Coimcil and review
the recommendations of such Council for legislative and
administrative changes to ensure that such recommendations
are consistent with the purposes of the Council to promote
the ftill integration, indepenaence, and productivity of individ¬
uals with disabilities;”;
(4) in paragraph (5) (as so redesignated by paragraph (2)
of this subsection)-—
(A) in subpara^aph (A), by striking “all policies, pro¬
grams, and a^ivities” and inserting “policies, programs,
practices, and procedures”;
(B) in subpara^aph (B), by inserting “and regulations”
after “statutes”; and
(C) in the matter following subparagr^h (B), by strik¬
ing “activities, and statutes” and inserting *^ractices, proce¬
dures, statutes, and regulations”;
(5) in para^aph (6) (as so redesignated by paragraph (2)
of this subsection), by striking “and activities” and alt that
follows and inserting “practices, and procedures facilitate or
impede the promotion of the policies set forth in subparagraphs
(A) and (B) of section 40(KaX2);”;
(6) by inserting after paragraph (6) (as redesignated by
paragraph (2) of this subsection) the following para^ph:
^(7) gather information about the implementation, effective¬
ness, and impact of the Americans with Disabilities Act of
1990 (42 U.S.(5. 12101 et seq.);”;
(7) in paragraph (8) (as so redesignated by paragraph (2)
of this subsection), to read as follows:
“(8) make recommendations to the President, the Congress,
die Secretary, the Director of the National Institute on Disabil¬
ity and Rehabilitation Research, and other officials of Federal
agencies, respecting ways to better promote the policies set
forth in section 4()05iX2);^;
(8) in paragraph (9) (as so redesignated by paragraph (2)
of this subsection), to read as follows:
“(9) not later than March 31 of each year, prepare and
submit to the Congress and the President a report containing
i'UJii.lU i.AW iUZ-bby— UUT. Zi),
106
a summary of the activities and accomplishments of the Council
with respect to the duties described in paragraphs (1) through
(8);”;
(9) in paragraph (10) (as redesi^ated by paragraph (2)
of this subsection), by striking the period and inserting **; and”;
and
(10) by adding at the end the following:
‘‘(11) review and evaluate on a continuing basis new and
emerging disability j^licv issues affecting individuals with
disabuities at the Federal, State, and local levels, and in the
private sector, including the need for and coordination of adult
services, access to personal assistance services, school reform
efforts and the impact of such efforts on individuals with
Usabilities, access to health care, and policies that operate
as disincentives for the individuals to seek and retain
employment.”.
(b) Report. — Section 401(b) (29 U.S.C. 781(b)) is amended to
1 as follows:
“(bXl) Not later than October 31, 1993, and annually thereafter.
National Council shall prepare and submit to the President
the appropriate committees of the Confess a report entitled
bional Disability Policy: A Promress Report .
“(2) The report shall assess the status of the Nation in achieving
policies set forth in section 400(aX2), with particular focus
he new and emerging issues impacting on the lives of individuals
disabilities. The report shall present, as appropriate, available
i on health, housing, employment, insurance, transportation,
eation, training, prevention, early intervention, and education,
report shall include recommendations for policy change.
“(3) In determining the issues to focus on and the findings,
elusions, and recommendations to include in the report, me
ncil sh^l seek input from the public, particularly individuals
1 disabilities, representatives oi organizations representing a
id range of individuals with disabilities, and organizations and
acies interested in individuals with disabilities.”.
. 403. COMPENSATION OF NATIONAL COUNCIL MEMBERS.
Section 402(a) (29 U.S.C. 782(a)) is amended by striking “rate
>asic pay payable for grade GI^18 of the General Smedule
er section 5332” and inserting “rate of pay for level 4 of the
ior Executive Service Schedule under section 5382”.
. 404. STAFF OF NATIONAL COUNCIL.
Section 403(bXl) (29 U.S.C. 783(bXl)) is amended by striking
aual rate of basic pay payable for grade GS-18 of the General
edule under section 5332” and inserting “rate of pay for level
f the Senior Executive Service Schedule under section 5382”.
. 40S. ADMINISTRATIVE POWERS OF NATIONAL COUNCIL.
Section 404 (29 U.S.C. 784) is amended by adding at the end
following subsection:
“(e) The National Coimcil may use, with the consent of the
ocies represented on the Interagency Disability Coordinating
ncil, and as authorized in title V, such services, personnel,
rmation, and facilities as may be needed to carry out its duties
er this title, with or without reimbursement to such agencies.”.
. 406. AUTHORIZATION OF APPROPRIATIONS.
Section 405 (29 U.S.C. 785) is amended by striking “1987”
all that follows and inserting “1993 through 1997.”.
106 STAT. 4424
PUBLIC LAW 102-569— OCT. 29, 1992
TITLE V— RIGHTS AND ADVOCACY
29 use 790.
SEC. 601. RIGHTS AND ADVOCACY.
(a) Title. — ^Title V (29 U.S.C. 790 et seq.) is amended bj
striking the title heading and inserting the following:
“TITLE V— RIGHTS AND ADVOCACY”.
(b) Table of Contents.— The table of contents relating b
the Act is amended by striking the item relating to the title heading
for title V and inserting the following:
“TITLE V— RIGHTS AND ADVOCACY”.
SEC. 502. EFFECT ON EXISTING LAW.
(a) Repeal. — ^Title V (29 U.S.C. 790 et seq.) is amended bj
repealing section 600.
(b) TABLE OF Contents. — ^The table of contents relating b
the Act is amended by striking the item relating to section 500
SEC. 503. EMPLOYMENT OF INDIVIDUALS WITH DISABILITIES.
(a) Estabushment. — Section 601(a) (29 U.S.C. 791(a)) ii
amended —
(1) in the first sentence, by striking “the Secretary of Veter
ans Affairs, and” and inserting “the Director of the Offio
of Personnel Management, the Secretary of Veterans Affairs”
and
(2) bv amending the second sentence to read as follows
“Either the Director of the Office of Personnel Managemen
smd the Chairman of the Commission shall serve as co-chair
persons of the Committee or the Director or Chairmsm shal
serve as the sole chairperson of the Committee, as the Directo
and Chairman jointly determine, from time to time, to b
appropriate.”.
(b) Standards. — Section 601 (29 U.S.C. 791) is amended b;
adding at the end the following new subsection:
“(g) The standards used to determine whether this sectioi
has teen violated in a complaint alleging nonaffirmative actioi
employment discrimination under this section shall be the stand
ards applied under title I of the Americans with Disabilities Ac
of 1990 (42 U.S.C. 12111 et seq.) and the provisions of section
601 through 604, and 610, of the Americans with Disabilities Ac
of 1990 (42 U.S.C. 12201-12204 and 12210), as such sections relat
to employment.”.
SEC. 604. REFERENCES TO THE ARCHITECTURAL AND TRANSPOB
TATION BARRIERS COMPLIANCE BOARD.
(a) Access Board. — Section 602 (29 U.S.C. 792) is amended-
(1) in the matter preceding subpara^aph (A) of subsectioi
(aXl), by striking “tne ‘Board’” and inserting “the ‘Acces
Board’”;
(2) by striking “the Board” each place the term appear
and inserting “the Access Board”; and
(3) by striking “The Board” each place the term appear
and inseiting “The Aiccess Board”.
(b) Composition.— Section 602(a) (29 U.S.C. 792(a)) of the Ac
is amended —
(1) in paragraph (1) —
(A) in subparagraph (A) —
PUBLIC LAW 102-569— OCT. 29, 1992
106 STAT. 4425
(i) by striking ‘Twelve” and inserting ‘Thirteen”;
and
(ii) by striking “six” and inserting “at least a msgor-
i^; and
(B) in subparagraph (B), by inserting after clause (xi)
the following:
“(xii) Department of Commerce.”;
(2) in paragraph (2XA>—
(A) in the first sentence —
(i) by inserting “(i)” after “(A)”; and
(ii) by striking “tiiree years” and inserting “4 years,
except as provided in clause (ii)”;
(B) m the second sentence, by striking “four” and
inserting “at least three”; and
(C) by adding at the end the following:
iiXD One member appointed for a term beginning December
2 shall serve for a term of 3 years.
II) One member appointed for a term beginning December
3 shall serve for a term of 2 years.
III) One member appointed for a term beginning December
4 shall serve for a term of 1 year.
IV) Members appointed for terms beginning before December
2 shall serve for terms of 3 years.”;
0 in paragraph (3), by striking “such an” and inserting “a
al”; and
(4) in p^agraph (5XA), by striking “the daily rate pre-
nribed for GS-18 under section 5332” and inserting “the dfaily
luivalent of the rate of pay for level 4 of the Senior Executive
ervice Schedule under section 5382”.
) Function. — Section 502(b) (29 U.S.C. 792(b)) is amended
d as follows:
b) It shall be the fimction of the Access Board to —
“(1) ensure compliance with the standards prescribed
iirsuant to the Act entitled ‘An Act to ensure that certain
nildings financed with Federal funds are so desimed and
mstructed as to be accessible to the physically handicapped’,
pproved August 12, 1968 (commoi^ luiown as the Arcnitec-
iral Barriers Act of 1968; 42 U.S.Cf. 4151 et seq.) (including
le application of such Act to the United States Postal Service),
Lclumng enforcing all standards under such Act, and ensuring
lat all waivers and modifications to the standards are based
1 findings of fact and are not inconsistent with the provisions
’ this section*
“(2) develop advisory guidelines for, and provide appro¬
bate technical assistance to, individuals or entities with rights
* duties under relations prescribed pursuant to this title
* titles II and III of the Americans with Disabilities Act
!* 1990 (42 U.S.C. 12131 et seq. and 12181 et seq.) witk
aspect to overcoming architectural, transportation, and
^mmunication barriers;
“(3) establish and maintain minimum guidelines and
Kiuirements for the standards issued pursuant to the Act
>mmonly known as the Architectural Barriers Act of 1968
ad titles II and III of the Americans with Disabilities Act
•1990;
“(4) promote accessibility throughout all segments of
)ciety;
“(5) investigate and examine alternative approaches to the
rchitectural, transportation, communication, and attitudinal
uriers confronting individuals with disabilities, particularly
106 STAT. 4426
PUBLIC LAW 102-569— OCT. 29, 1992
Reports.
Handicapped.
with respect to telecommunications devices, public buildings
and monuments, parks and parklands, public trans^rtation
(including air, water, and surface transooitation, whemer inter¬
state, forei^, intrastate, or local), ana residential and institu¬
tional housing;
‘‘(6) determine what measures are being taken by Federal,
State, and local governments and bv other public or nonprofit
agencies to eliminate the bsuriers described in para^rrapn (5);
“(7) promote the use of the International Accessibility Sym¬
bol in all public facilities that are in compliance with the
standards prescribed by the Administrator of (General Services,
the Secretly of Defense, and the Secretary of Housing and
Urban Development pursuant to the Act commonly known as
the Architectural Barriers Act of 1968;
‘‘(8) make to the President and to the Congress reports
that shall describe in detail the results of its investigations
under para^aphs (5) and (6);
‘‘(9) m^e to the President and to the Congress such rec¬
ommendations for legislative and administrative changes as
the Access Board determines to be necessary or desir^le to
eliminate the barriers described in paragrap h (5); and
“(10) ensure that public conveyances, including rolling
stock, are readiljr accessible to, and usable by, individuals with
physical disabiliues.”.
(d) Investigations and Hearings.— Section 502(d) (29 U.S.C.
792(d)) is amended —
(1) in paragraph (1), in the first sentence —
(A) by striking “In carrving out” and all that follows
through nshall conduct” ana inserting “The Access Board
shall conduct”; and
(B) by striking “insure” and inserting “ensure”; and
(2) by str^^g paragraph (3).
(e) Interagency Agreements.— Section 502(f) (29 U.S.C.
792(f)) is amended —
(1) by striking “(f) The departments” and inserting the
following:
“(fXlXA) In carrying out the technical assistance responsibil¬
ities of the Access Board under this section, the Board may enter
into an interagency agreement with another Federal department
or a^ncy.
^(B) Any funds appropriated to such a department or agency
for the purpose of providing technical assistance may be transferred
to the Access Boara. Any funds appropriated to the Access Board
for the purpose of providing such tecnmcal assistance may be trans¬
ferred to such dep£^ment or agency.
“(C) The Access Board may arrange to carry out the technical
assistance responsibilities of the Board under this section through
such other departments and agencies for such periods as the Boai^
determines to he appr^riate.
“(D) The Access Board shall establish a procedure to ensiue
separation of its compliance and technical assistance responsibilities
imder this section.
“(2) The departments”; and
(2) in the second sentence of paragraph (2) (as so designated
by paragraph (1) of this subsection) —
(A) by striking “subsection” and inserting “paragraph”;
(B) by striking “Secretary” and inserting “Chair¬
person”; and
(C) by striking “the daily pay rate for a perwn
employed as a GS-18 under section 5332” and inserting
PUBLIC LAW 102-569— OCT. 29, 1992
106 STAT. 4427
*ilie daily equivalent of the rate of pay for level 4 of
the Senior Executive Service Schedule under section 5382”.
(f) Report. — Section 502(g) (29 U.S.C. 792(g)) is amended —
(1) by inserting ‘‘(1)” aJ^r the subsection designation;
(2) in paragraph (1) (as so designated by paragraph (1)
of this subs^ion)—
(A) in the second sentence, by striking ‘‘clauses (5)
and (6) of subsection (b) of this section” and inserting
“paragraphs (8) and (9) of such subsection”; and
(B) by striking the third sentence and all that follows;
and
(3) by adding at the end the following:
“(2) The Access Board shall, at the same time that the Access
ird transmits the report required under section 7(b) of the Act
imonly known as the Architectural Barriers Act of 1968 (42
}.C. 4157(b)), transmit the report to the Conunittee on Education
I Labor of the House of Representatives and the Committee
Labor and Human Resources of the Senate.”.
(g) Report Containing Assessment.— Section 502(h) (29
).C, 792(h)) is amended —
(1) by striking paragraph (1);
(2) by redesignating paragraph (2) as paranaph (1);
(3) in paragraph (1) (as so redesignated by paragraph (2)
of this subsection), by striking the second and third sentences;
and
(4) by adding at the end the following paragraph:
“(2XA) The Access Board may accept, hold, administer, and
lize gifts, devises, and bequests of property, both real and per-
al, for Hie purpose of aimng and facilitating the functions of
Access Board under paragraphs (5) and (7) of subsection (b).
ts and bequests of money and proceeds fiom sales of other
party received as gifts, devises, or bequests shall be deposited
the Treasury and shall be disbursed upon the order of the
airperson. Piopertv accepted pursuant to this section, and the
ceeds thereof, shall be used as nearly as possible in accordance
the terms of the gifts, devises, or b^uests. For purposes
Federal income, estate, or gift taxes, property accepted under
} section shall be considered as a gift, devise, or bequest to
United States.
“(B) The Access Board shall publish regulations setting forth
criteria the Board will use in determining whether the accept-
e of gifts, devises, and bequests of property, both real and
sonal, woiild reflect unfavorably upon the ability of the Board
Buiy employee to carry out the responsibilities or official duties
he Board in a fair and objective manner, or would compromise
integrity of or the appearance of the integrity of a Cxovemment
am or any official involved in that program.”.
(h) Authorization of Appropriations.— Section 502(i) (29
!.C. 792(i)) is amended by striking “fiscal years 1987 through
>2” and all that follows and inserting “fiscal years 1993 through
►7.”.
606. employment under federal contracts.
(a) Contracts. — Section 503(a) (29 U.S.C. 793(a)) is amended —
(1) by striking “$2,500” each place the term appears and
inserting “$10,000”; and
(2) in the first sentence, by striking “, in employing persons
to carry out such contract,”.
Regulations.
106 STAT. 4428
PUBLIC LAW 102-569— OCT. 29, 1992
Regulations.
(b) Waiver. — Section 503(c) (29 U.S.C. 793(c)) is amended —
(1) by inserting “(ly* al^r “(c)”; and
(2) ^ adding at the end the following:
“(2XA) The Secretary of Labor may waive the requirements
of the affirmative action clause required by regulations promulgated
under subsection (a) with respect to any of a prime contractor’s
or subcontractors facilities that are found to be in all respects
separate and distinct from activities of the prime contractor or
subcontractor related to the performance of me contract or sub¬
contract, if the Secretary of Labor also finds that such a waiver
will not interfere with or impede the effectuation of this Act.
“(B) Such waivers shall be considered only upon the request
of the contractor or subcontractor. The Secretarv of Labor shall
promulgate regulations that set forth the standards used for grant¬
ing such a waiver.”.
(c) Standards and Procedures.— Section 503 (29 U.S.C. 793)
is amended by adding at the end the following:
“(d) The standards used to determine whether this section
has l^en violated in a complaint alleging nonaffirmative action
employment discrimination under this section shall be the stand¬
ard applied under title I of the Americans with Disabilities Act
of 1990 (42 U.S.C. 12111 et seq.) and the provisions of sections
501 through 504, and 510, of the Americans with Disabilities Act
of 1990 (42 U.S.C. 12201-12204 and 12210), as such sections relate
to employment.
“(e) The Secretary shall develop procedures to ensure that
administrative complaints filed under this section and under the
Americans with Disabilities Act of 1990 are dealt with in a manner
that avoids duplication of effort and prevents imposition of inconsist¬
ent or conflictmg standards for the same requirements under this
section and the Americans with Disabilities Act of 1990.”.
SEC. S06. NONDISCRIMINATION UNDER FEDERAL GRANTS AND PRO¬
GRAMS.
Section 504 (29 U.S.C. 794) is amended by adding at the end
the following new subsection:
“(d) The standards used to determine whether this section
has been violated in a complaint alleging employment discrimina¬
tion under this section shall be the standards applied under title
I of the Americans with Disabilities Act of 1990 (42 U.S.C. 12111
et seq.) and the provisions of sections 501 through 504, and 510,
of the Americans with Disabilities Act of 1990 (42 U.S.C. 12201-
12204 and 12210), as such sections relate to employment.”.
SEC. 507. SECRETARIAL RESPONSIBILITIES.
(a) Access. — Subsections (a) and (c) of section 506 (29 U.S.C.
794b) are amended by inserting “Access” before “IBoard” each place
the term appears.
(b) Community Rehabilitation Programs.— Section 506(aXl)
(29 U.S.C. 794b(aXl)) is amended by strikmg “rehabilitation facili¬
ties” and inserting “community rehabilitation programs”.
(c) Compensation.— Section 50^b) (29 U.S.C. 794b(b)) is
amended by striking “the rate of basic pay payable for grade GS-
18 of the General Schedule, under section 5332” and inserting
“the rate of pay for level 4 of the Senior Executive Service Schedule
under section 5382”.
PUBLIC LAW 102-569— OCT. 29, 1992
106 STAT. 4429
(d) Conforming Amendment.— Section 506(c) (29 U.S.C.
794b(c)) is amended by striking “602(hX2r and inserting “602(hXir.
SEC. 508. INTERAGENCY DISABILITY COORDINATING COUNCIL.
(a) In General. — Section 507 (29 U.S.C. 794c) is amended
to read as follows:
^EC. 507. INTERAGENCY DISABILITY COORDINATING COUNCIL.
“(a) Establishment. — ^There is hereby established an Inter¬
agency Disability Coordinating Council (hereafter in this section
referred to as the ‘Council’) composed of the Secretary of Education,
the Secretary of Health and Human Services, the Secretary of
Labor, the Secretary of Housing and Urban Development, the Sec¬
retary of Transportation, the Assistant Secretary of the Interior
for Indian Affairs, the Attorney General, the Director of the Office
of Personnel Man^ement, the Chairperson of the Equal Employ¬
ment Opportunity (Tommission, the Chairperson of the Architectural
and Transportation Barriers Compliance Board, and such other
officials as may be designated by the President.
“(b) Duties. — ^The Council shall —
“(1) have the responsibility for developing and implement¬
ing agreements, policies, and practices designed to maximize
effort, promote efficiency, and eliminate conflict, competition,
duplication, and inconsistencies among the operations, func¬
tions, and jurisdictions of the various departments, agencies,
and branches of the Federal Government responsible for the
implementation and enforcement of the provisions of this title,
and the regulations prescribed thereunder;
“(2) be responsible for developing and implementing a^ee-
ments, policies, and practices designed to coordinate operations,
functions, and umsdictions of the various departments and
agencies of the Federal (government responsible for promoting
the full inte^ation into society, independence, and productivity
of individuals with disabilities; and
“(3) carry out such studies and other activities, subject
to the availability of resources, with advice from the National
Council on Disafolity, in order to identify methods for over¬
coming barriers to integration into society, independence, and
productivity of individuals writh disabilities.
“(c) Report.— On or before Julv 1 of each year, the Interagency
Disability Coordinating Council shall prepare and submit to the
President and to the Congress a report of the activities of the
Council designed to promote and meet the employment needs of
individuals with disabilities, together with such recommendations
for legislative and administrative changes as the Council concludes
are desirable to further promote this section, along with any com¬
ments submitted by the National Council on Disability as to the
effectiveness of such activities and recommendations in meeting
the needs of individuals with disabilities. Nothing in this section
shall impair any responsibilities assigned by any Executive order
to any Federal department, agency, or instrumentali^ to act as
a lead Federal agency with respect to any provisions of this title.”.
(b) Technical Amendment.— The table of contents relating
to the Act is amended by striking the item relating to section
507 and inserting the following item:
“Sec. 507. Interagency Disability Coordinating Council.".
SEC. 509. ELECTRONIC AND INFORMATION TECHNOLOGY ACCES¬
SIBILITY GUIDELINES.
(a) Guidelines. — Section 508 (29 U.S.C. 794d) is amended to
read as follows:
*^C. 608. ELECTRONIC AND INFORMATION TECHNOLOGY ACCES¬
SIBILITY GUIDELINES.
“(a) Guidelines. — ^The Secretary, through the Director of the
National Institute on Disability ana Rehabilitation Research, and
the Administrator of the General Services Administration, in con¬
sultation with the electronics and information technology industry
and the Interagency Council on Accessible Technology, shall develop
and establish ^delines for Federal agencies for electronic and
information tecl^ology accessibility desired to ensure, regardless
of the type of medium, that individuals with disabilities can produce
information and data, and have access to information and data,
comparable to the information and data, and access, respectively,
of individuals who are not individuals wd^ disabilities. Such guide¬
lines shall be revised, as necessary, to reflect technological advances
or changes.
‘‘(b) Compliance. — ^Each Federal agency shall comply with the
guidelines estc^lished under this section.**.
(b) Table of Contents. — ^The table of contents relating to
the Act is amended by striking the item relating to section 508
and inserting the following:
*‘Sec. 508. Electronic and information technology accessibility guidelines.”.
SEC. 610. PROTECTION AND ADVOCACY OF INDIVIDUAL RIGHTS.
(a) In General. — ^Title V (29 U.S.C. 790 et seq.) is amended
by adding at the end the following new section:
29USC794e. <«EC. 609. PROTECTION AND ADVOCACY OF INDIVIDUAL RIGHTS.
“(a) Purpose.— The purpose of this section is to support a
system in each State to protect the legal and human rights of
individuals with disabilities who —
“(1) are ineligible for client assistance programs under sec¬
tion 112; and
“(2) are ineligible for protection and advocacy programs
under part C of the Developmental Disabilities Assistance and
Bill of Rights Act (42 U.S.C. 6041 et seq.) and the Protection
and Advocacy for Mentally Ill Individuals Act of 1986 (42
U.S.C. 10801 et seq.).
“(b) Appropriations Less 'Than $5,500,000.—
“(1) Allotments. — For any fiscal year in which the amount
cmpr^riated to carry out this section is less than $5,500,000,
the Commissioner may make grants from such amount to
eligible systems within States to plan for, develop outreach
strategies for, and carry out protection and advocacy progrmns
authorized under this section for individuals with disabilities
who meet the requirements of paragraphs (1) and (2) of sub¬
section (a).
“(2) Other jurisdictions.— For the pii^ses of this sub¬
section, Guam, American Samoa, the United States Virgin
Islands, the Commonwealth of the Northern Mariana Islands,
and the Republic of Palau shall not be considered to be States,
“(c) Appropriations of $5,500,000 or More.—
“(1) Technical assistance.— For any fiscal year in which
the amount appropriated to carry out mis section equals or
exceeds $5,500,000, the Commissioner shall set aside not less
than 1.8 percent and not more than 2.2 percent of the amount
to provide training and technical assistance to the systems
established under tms section.
“(2) AllC)TMENTS. — For any such fiscal year, after the res¬
ervation required by paragraph (1) has been made, the Commis¬
sioner shall ma^e allotments from the remainder of such
amount in accordance with paragraph (3) to eligible systems
within States to enable such systems to carry out protection
and advocacy programs authorized under this section for such
individuals.
“(3) Systems within states.—
“(A) Population basis. — ^Except as provided in
subparagr^h (B), from such remainder for each such fiscal
year, the Commissioner shall make an allotment to the
eligible system within a State of an amount bearing the
same ratio to such remainder as the population oif the
State bears to the population of all States.
“(B) Minimums.— Subject to the availability of appro¬
priations to carry out this section, and except as provided
in paragraph (4), the allotment to any system under
subparagraph (A) shall be not less than $100,000 or one-
third of one percent of the remainder for the fiscal year
for which the allotment is made, whichever is ^ater,
and the allotment to any system under this section for
any fiscal year that is less than $100,000 or one-third
of one percent of such remainder shall be increased to
the neater of the two amounts.
“(4) Systems within other jurisdictions.—
“(A) In general. — ^For the purposes of this subsection,
Guam, American Samoa, the United States Virgin Islands,
the Commonwealth of the Northern Mariana Islands, and
the Republic of Palau shall not be considered to be States.
“(B) Allotment. — ^The eligible system within a juris¬
diction described in subparagraph (A) shall be allotted not
less than $50,000 for the fiscal year for which the allotment
is made, except that the Republic of Palau may receive
such allotment under this section only until the Compact
of Free Association with Palau takes effect.
“(5) Adjustment for inflation.—
“(A) States. — ^For purposes of determining the mini¬
mum amount of an allotment under paragraph (3XB), the
amount $100,000 shall, in the case of such allotments
for fiscal year 1994 and subsequent fiscal years, be
increased to the extent necessary to offset the effects of
inflation occurring since October 1992, as measured by
the percentage increase in the Consumer Price Index For
All Urban Consumers (U.S. city average) during the period
ending on April 1 of the fiscal year preceding the fiscal
year for which the allotment is to be made.
“(B) Certain territories.— For purposes of determin¬
ing the minimum amount of an allotment under paragraph
(4XB), the amount $50,000 shall, in the case of such allot¬
ments for fiscal year 1994 and subsequent fiscal years,
be increased to the extent necessary to offset the effects
of inflation occurring since October 1992, as measured by
the percentage mcrease in the Consumer Price Index For
106 STAT. 4432
PUBLIC LAW 102-569— OCT. 29, 1992
All Urban Consumers (U.S. city average) during the period
ending on April 1 of the fiscal vear preceding the fiscal
year for which the allotment is to be made.
“(d) Proportional Reduction.— Amounts necesspy to provide
allotments to systems within States in accordance with subsection
(cX3XB) as increased under subsection (cX6), or to provide allot¬
ments in accordance with subsection (cX4)(B) as increased in accord¬
ance with subsection (cX5), shall be derived by proportionately
reducing the allotments of the remaining systems within States
under subsection (cX3), but with such adjustments as may be nec-
essapr to prevent the allotment of any such remaining systems
within States from being thereby reduced to less than the greater
of $100,000 or one-third of one percent of the sums made available
for purposes of this section for the fiscal year for which the allotment
is made, as increased in accordance with subsection (cX5).
“(e) Reallotment. — ^Whenever the Commissioner determines
that any amount of an allotment to a system within a State for
any fiscal year described in subsection (cXD will not be e:^nded
by such system in carrying out the provisions of this section, the
Conunissioner shall maJce such amount available for carrying out
the provisions of this section to one or more of the systems that
the Commissioner determines will be able to use additional amounts
during such year for carrying out such provisions. Any amount
made available to a system for any fiscm year pursuant to the
preceding sentence shall, for the purposes of this section, be
regarded as an increase in the allotment of the system (as deter¬
mined under the preceding provisions of this section) for such
year.
“(f) Application. — ^In order to receive assistance under this
section, an eligible system shall submit an application to the
Commissioner, at such time, in such form and manner, and contain¬
ing such information and assurances as the Commissioner deter¬
mines necessary to meet the requirements of this section, including
assurances that the eligible system will —
“(1) have in effect a system to protect and advocate the
rights of individuals with disabilities;
“(2) have the same general authorities, including access
to records and program income, as are set forth in part C
of the Developments Disabilities Assistance and Bill of Rights
Act (42 U.S.C. 6041 et seq.);
“(3) have the authority to pursue legal, administrative,
and other appropriate remedies or approaches to ensure the
protection of, and advocacy for, the rights of such individuals
within the State who are ineligible for protection and advocacy
programs under part C of the Developmental Disabilities Assist¬
ance and Bill of Rights Act (42 U.S.C. 6041 et seq.) and the
Protection and Advocacy for Mentally Ill Individuals Act of
1986 (42 U.S.C. 10801 et seq.) or client assistance progreuns
imder section 112;
“(4) provide information on and make referrals to jprograms
and services addressing the needs of individuals with disabil¬
ities in the State;
“(6) develop a statement of objectives and priorities on
an annual basis, and provide to the public, including individuals
with disabilities and, as appropriate, their representatives, an
opportunity to comment on Ihe objectives and priorities estab-
hshed by, and activities of^ the system including —
PUBLIC LAW 102-569— OCT. 29, 1992
106 STAT. 4433
“(A) the objectives and priorities for the activities of
the system for each year and the rationale for the establish¬
ment of such objectives and priorities; and
"(B) the coordination of pro^ams provided through
the system under this section with the advocacy programs
of the client assistance program under section 112, the
State long-term care ombudsman program established
under the Older Americans Act of 1965 (42 U.S.C. 3001
et seq.), the Developmental Disabilities Assistance and Bill
of Rights Act (42 tJ.S.C. 6000 et seq.), and the Protection
and Advocacy for Mentally Ill Individuals Act of 1986 (42
U.S.C. 10801 et seq.);
"(6) establish a grievance procedure for clients or prospec¬
tive clients of the system to ensure that individuals wdth disabil¬
ities are afforded equal opportunity to access the services of
the i^stem; and
"(7) provide assurances to the Commissioner that funds
made available under this section wall be used to supplement
and not supplant the non-Federal funds that would otherwise
be made available for the purpose for which Federal funds
are provided.
“(g) Carryover and Direct Payment.—
“(1) Direct payment. — ^Notwithstanding any other provi¬
sion of law, the Commissioner shall pav directly to any system
that complies with the provisions or mis section, the amount
of the allotment of the State involved under this section, unless
the State provides otherwise.
“(2) (JARRYOVER. — ^Any amount paid to a State for a fiscal
year that remains unobligated at the end of such year shall
remain available to such State for obligation during the next
fiscal year for the purposes for which such amoimt was paid.
“(h) Limitation on Disclosure Requirements.— For purposes
any audit, report, or evaluation of the performance of the program
published under this section, the Commissioner shall not require
3h a program to disclose the identity of, or any other personally
mtifiable information related to, any individual requesting assist-
ce under such program.
“(i) Eligibility for Assistance.— As used in this section, the
m ‘eligible system’ means a protection and advocacy system
it is established under part C of the Developmental Disabilities
istance and Bill of Rights Act (42 U.S.C. 6041 et seq.) and
it meets the requirements of subsection (f).
“(j) Administrative Cost. — ^An eligible system may not use
»re than 5 percent of any allotment under subsection (c) for
i cost of administration of the system required by this section.
“(k) Delegation. — ^The Commissioner may delegate the
ministration of this pro^am to the Commissioner of the Adminis-
Ltion on Developments Disabilities wdthin the Depsirtment of
lalth and Human Services.
“(1) Report. — ^The Commissioner shall annually prepare and
bmit to the Committee on Education and Labor of the House
Representatives and the Committee on Labor and Human
sources of the Senate a report describing the types of services
d activities being undertaken bv programs funded under this
;tion, the total number of individuss served under this section,
i types of disabilities represented by such individuals, and the
>es of issues being addressed on behalf of such individuals.
106 STAT. 4434
PUBLIC LAW 102-569— OCT. 29, 1992
“(m) Authorization of Appropriations.— ^ere are author¬
ized to be appropriated to cany out this section such sums as
may be necessaiy for each of the fiscal years 1993, 1994, 1995,
1996, and 1997.”.
(b) Technical Amendment.— The table of contents relating
to the Act is amended by inserting after the item relating to
section 608 the following item:
"Sec. 509. Protection and advoca<^ of individual rights.”.
TITLE VI— EMPLOYMENT OPPORTUNI-
TIES FOR INDIVIDUALS WITH DIS¬
ABILITIES
Subtitle A — Community Service Employ¬
ment Pilot Program for Individuals With
Disabilities
SEC. 601. PILOT PROGRAM.
(a) Definition. — Section 611(a) (29 U.S.C. 795(a)) is amended
by striking “section 7(8)” and inserting “section 7(8XA)”.
(b) Personal Assistance Services. — Section 611(bXlXK) (29
U.S.C. 796(bXlXK)) is amended by striking “attendant care” and
inserting “personal assistance services”.
SEC. 602. TREATMENT OF PERSONAL ASSISTANCE SERVICES COSTS.
Section 613(c) (29 U.S.C. 795b(c)) is amended by striking
“attendant care” and inserting “personal assistance services”.
SEC. 603. DEFINITIONS.
Section 616 (29 U.S.C. 795e) is amended —
(1) by adding “and” at the end of paragraph (1);
(2) by striking and” at the end of paragraph (2) and
inserting a period; and
(3) by striking paragraph (3).
SEC. 604. AUTHORIZATION OF APPROPRIATIONS.
Section 617 (29 U.S.C. 796f) is amended by striking “1987”
and all that follows and inserting “1993 through 1997.”.
Subtitle B — ^Projects With Industry
SEC. 811. PROJECTS WITH INDUSTRY.
(a) In General. — Section 621(a) (29 U.S.C. 795g(a)) is amended
to read as follows:
“(aXl) The purpose of this part is to create and expand job
and career opportunities for inmviduals with disabilities in the
competitive labor market by engaging the talent and leadership
of private industry as partners in the rehabilitation process, to
identi^ competitive job and career opportunities and the skills
needed to perfonn such jobs, to create practical job and career
readiness and training programs, and to provide job placements
and career advancement.
PUBLIC LAW 102-569-OCT. 29, 1992
106 STAT. 4435
"(2) The Commissioner, in consultation with the Secretaries
of Labor and Commerce and with designated State units, may
award grants to individual employers, community rehabilitation
program providers, labor unions, trade associations, Indian tribes,
tribal organizations, designated State units, and other entities to
establish jointly financea Projects With Industry to create and
expand job and career opportunities for individuals with disabilities,
wnich projects shall —
*‘IA) provide for the establishment of business advisory
councils, which shall —
“(i) be comprised of—
"(I) representatives of private industry, business
concerns, and organized labor; and
"(II) individuals with disabilities and their
representatives;
"(h) identify job and career availability within the
community;
"(iii) identify the skills necessary to perform the jobs
and careers identified; and
"(iv) prescribe training programs designed to develop
appropriate job and career sMlls for individuals witn
disabilities;
"(B) provide individuals with disabilities with training in
realistic work settings in order to prepare the individuals for
employment and career advancement in the competitive
market;
"(C) provide job placement and career advancement
services;
"(D) to the extent appropriate, provide for —
"(i) the development and modification of jobs and
careers to accommodate the special needs of such
individuals;
"(ii) the distribution of rehabilitation technology to such
individuals; and
"(iii) the modification of any facilities or equipment
of the employer that are used primarily by inmviduals
with disabilities; and
“(E) provide individuals with disabilities with such support
services as may be required in order to maintain the employ¬
ment and career advancement for which the individuals have
received training under this part.
“(3) An individual shall be eli^ble for services described in
paragraph (2) if the appropriate desi^ated State unit determines
the individual to be an individual with a disability under section
7(8XA) or an individual with a severe disability under section
7(15XA). In making such a determination, the unit shall rely on
the determination made by the recipient of the grant under which
the services are provided, to the extent appropriate and available
and consistent with the requirements under this Act. If a designated
State unit does not notify a recipient of a grant within 60 days
that the determination of the recipient is inappropriate, the recipi¬
ent of the grant may consider the individual to to eligible.
“(4) The Commissioner shall enter into an a^eement with
the grant recipient regarding the establishment of the project. Any
agreement shall be jointly developed by the Commissioner, the
grant .recipient, and, to the extent practicable, the appropriate
designated State unit and the individuals with disabilities (or their
Contracts.
Grants.
106 STAT. 4436
PUBLIC LAW 102-569— OCT. 29, 1992
representatives) involved. Such agreements shall specify the terms
of training and employment under the project, provide for the
pa3mient by the Commissioner of part of the costs of the project
(in accordance with subsection (c)), and contain the items required
under subsection (b) and such other provisions as fhe parties to
the agreement consider to be appropriate.
“(6) Any agreement shall include a description of a plan to
annually conduct a review and evaluation of the operation of the
project in accordance with standards developed by the Commis*
sioner under subsection (d), and, in conducting the review and
evaluation, to collect information on —
“(A) the numbers and types of individuals with disabilities
served;
“(B) the types of services provided;
“(C) the sources of funding;
“(D) the percentage of resources committed to each type
of service provided;
“(E) the extent to which the employment status and earning
power of individuals with disabihties changed following
services;
“(F) the extent of capacity building activities, including
collaboration with business and industry and other organiza¬
tions, agencies, and institutions;
“(GT a comp^son, if appropriate, of activities in prior
years with activities in the most recent year; and
“(H) the number of project partiapants who were termi¬
nated from project placements and the duration of such
placements.
“(6) The Commissioner may include, as part of agreements
with grant recipients, authority for such grant recipients to provide
techmcal assistance to —
“(A) assist employers in hiring individuals with disabilities;
or
“(B) improve or develop relationships between —
“(i) grant recipients or prospective grant recipients;
and
“(ii) employers or organized labor; or
“(C) assist employers in understanding and meeting the
requirements of the Americans with Disabilities Act of 1990
(42 U.S.C. 12101 et sea.) as the Act relates to employment
of individuals with disabilities.”.
(b) Agreement.— Section 621(b) (29 U.S.C. 796g(b)) is amended
to read as follows;
“(b) No payment shall be made by the Commissioner under
any agreement with a grant recipient entered into under subsection
(a) unless such agreement —
“(1) provides an assurance that individuals with disabilities
placed under such agreement shall receive at least the
applicable minimum wage;
“(2) provides an assurance that any individual with a
disability placed under this part shall be afforded terms and
benefits of employment equal to terms and benefits that are
afforded to the similarly situated co-workers of the individual,
and that such individuals with disabilities shall not be seg¬
regated from their co-workers; and
“(3) provides an assurance that an annual evaluation report
containing information specified under subsection (aX5) shall
PUBLIC LAW 102-569— OCT. 29, 1992
106 STAT. 4437
be submitted as determined to be appropriate by the
Commissioner.”.
(c) Evaluation.— Section 621(d) (29 U.S.C. 796g(d)) is
amended —
(1) by striking paragraphs (1) through (3) and inserting
the following:
"(1) The Commissioner shall develop standards for the evalua>
tion described in subsection (aX6) and shall review and revise
the evaluation standards as necessary, subject to paragraphs (2)
and (3).
**(2) In revising the standards for evaluation to be used by
the grant recipients, the Commissioner shall obtain and consider
recommendations for such standards from State vocational
rehabilitation agencies, ciurent and former grant recipients, profes¬
sional organizations representing business and industry, organiza¬
tions representing individuals with disabihties, individuals served
by grant recipients, organizations representing community
rehabilitation program providers, and labor organizations.”; and
(2) by redesignating paragraph (4) as paragraph (3).
(d) Admiotstration.— Subsections (e) tl^ough (h) of section
621 (29 U.S.C. 796g) are amended to read as follows:
‘‘(eXlXA) A grant may be awarded under this section for a
period of up to 5 years and such grant may be renewed.
"(B) Grants under this section shall be awarded on a competi¬
tive basis. To be eligible to receive such a grant, a prospective
grant recipient shall submit an application to the Commissioner
at such time, in such manner, and containing such information
as the Commissioner may require.
"(2) The Commissioner shall to the extent practicable ensure
an equitable distribution of payments made under this section
among the States. To the extent funds are available, the Commis¬
sioner shall award grants under this section to new projects that
will serve individuals with disabilities in States, portions of States,
Indian tribes, or tribal organizations, that are currently unserved
or underserved by projects.
“(f)(1) The Commissioner shall, as necessa^, develop and pub¬
lish in the Federal Register in final form indicators of what con¬
stitutes minimum compliance consistent with the evaluation
standards under subsection (dXD.
“(2) Each grant recipient shall report to the Commissioner
at the end of each project year the extent to which the grant
recipient is in compliance with the evaluation standards.
“(3XA) The Commissioner shall annually conduct on-site compli¬
ance reviews of at least 16 percent of grant recipients. The Commis¬
sioner shall select ^ant recipients for review on a random basis.
“(B) The Commissioner snail use the indicators in determining
compliance with the evaluation standards.
“(C) The Commissioner shall ensure that at least one member
of a team conducting such a review shall be an individual who—
“(i) is not an employee of the Federal Gk>vemment; and
“(ii) has experience or expertise in conducting projects.
“(D) The Commissioner shall ensure that —
“(i) a representative of the appropriate designated State
unit shall participate in the review; and
“(ii) no person shall participate in the review of a grant
recipient if —
Grants.
Federal
Register,
publication.
Reports.
106 STAT. 4438
PUBLIC LAW 102-569— OCT. 29, 1992
Reports.
29 use 795h,
795r.
*"(1) the grant recipient provides any direct financial
benefit to the reviewer; or
"(II) participation in the review would give the appear¬
ance of a conflict of interest.
"(4) In making a determination concerning any subsequent
grant under this section, the Commissioner shall consider the past
performance of the applicant, if applicable. The Commissioner snail
use compliance indicators developed under this subsection that
are consistent with program evaluation standards developed under
subsection (d) to assess minimum project performance for purposes
of making continuation awards in the third, fourth, and fidui years.
"(5) £ach fiscal year the Commissioner shall include in the
annual report to Congress re<|uired by section 13 an analysis of
the extent to which grant recipients have complied wii^ the evalua¬
tion standards. The Commissioner may identify individual grant
recipients in the analysis. In addition, the Commissioner shall
re^rt the results of on-site compliance reviews, identifying individ-
um ^ant recipients.
^(g) The Commissioner may provide, directly or by way of
grant, contract, or cooperative agreement, technical assistance to—
"(1) entities conducting projects for the purpose of assisting
such entities in —
“(A) the improvement of or the development of relation¬
ships with private industry or labor; or
"(B) the improvement of relationships with State voca¬
tional rehabilitation agencies; and
"(2) entities planning the development of new projects.
"(h) As used in this section:
"(1) The term ‘agreement’ means an agreement described
in subsection (aX4).
"(2) The term ‘project’ means a Project With Industry estab¬
lished under subsection (aX2).
"(3) The term ‘grant recipient’ means a recipient of a grant
under subsection (aX2).’’.
(e) Technical Amendment.— Section 621 (29 U.S.C. 796g) is
amended by striking subsection (i).
SEC. 612. BUSINESS OPPORTUNITIES FOR INDIVIDUALS WITH
DISABILITIES.
(a) In General. — ^Title VI (29 U.S.C. 796 et seq.) is amended —
(1) in the heading for part B, by striking "AND Business
Opportunities for Individuals with Handicaps”;
(2) by redesignating section 622 as section 641;
(3) by inserting s^ion 641 (as so redesignated) after sec¬
tion 638; and
(4) by inserting before such section 641 the following:
29 use 795r.
Appropriation
authorization.
"Part D— Business Opportunities for Individuals With
Disabilities”.
(b) Authorization of Appropriations. — Section 641 (as so
redesignated by subsection (aX2) of this section) is amended —
(1) by inserting “(a)” before "The Commissioner”; and
^ (2) by adding at tiie end the following:
"(b) There are authorized to be appropriated to carry out this
section such sums as may be necessary for each of the 1993 through
1997 fiscal years.”.
(c) Technical Aiiiendment.— The Act (29 U.S.C. 701 et seq.)
I amended in the table of contents in the first section —
(1) by striking the item relating to the part heading for
part B of title VI and inserting the foUowing:
“Part B— Projects With Industry";
(2) by striking the item relating to section 622; and
(3) by inserting after the item relating to section 638 the
following:
“Part D— Business Opportunities for Individuals With Disabilities
lec. 641. Buainess opportunities for individuals with disabilities."
BC. 613. AUTHORIZATION OF APPROPRIATIONa
(a) Authorization.— Title VI (29 U.S.C. 796 et seq.) is
mended —
(1) by redesignating section 623 as section 622; and
(2) in section 622 (29 U.S.C. 795i) (as so redesignated
by paragraph (1) of this subsection) by striking "section 621,
$16,070,000” and all that follows and inserting ^his part, such
sums as may be necessary for each of fiscal years 1993 through
1997.”.
(b) Table of Contents. — ^The table of contents relating to
tie VI is amended by inserting after the item relating to se^on
21 the following:
lec. 622. Authorization of appropriations.".
lubtitle C — Supported Employment Serv¬
ices for Individuals With Severe Disabil¬
ities
BC. 621. SUPPORTED EMPLOYMENT.
(a) Program. — Title VI is amended by striking part C (29
'.S.C. 795j et seq.) and inserting the following:
‘Tart C— Supported Employment Services for Individuals
With Severe Disabilities
lEC. 631. PURPOSE.
"It is the purpose of this part to authorize allotments, in addi-
on to grants for vocational rehabilitation services under title I,
» assist States in developing collaborative programs with appro-
date entities to provide supported employment service for inoivid-
Eils with the most severe disabilities who ^uire supported
mplo3rment services to enter or retain competitive emplo^ent.
;EC. 632. ALLOTMENTS.
“(a) In General.—
“(1) States. — ^The Secretary shall allot the sums appro-
Eriated for each fiscal year to cany out this part among the
tates on the basis of relative population of each State, except
that —
"(A) no State shall receive less than $260,000, or one-
third of one percent of the sums appropriated for uie fiscal
year for which the allotment is made, whichever is greater;
and
29 use 795i.
29 use 795j.
29 use 795k.
69-194 0—93 - 26:QL3(Pt. 6)
106 STAT. 4440
PUBLIC LAW 102-569— OCT. 29, 1992
29 use 795/.
29 use 795m.
29 use 795n.
"(B) if the sums appropriated to carry out this part
for the fiscal year exceed by $1,000,000 or more the sums
appropriated to car^ out this part in fiscal year 1992,
no State shall receive less than $300,000, or one-third
of one percent of the sums appropriated for the fiscal
year for which the allotment is made, whichever is greater.
\2) Certain territories.—
“(A) In general. — For the purposes of this subsection,
Guam, American Samoa, the United States Virmn Islands,
the Republic of Palau, and the Commonweedth of the North¬
ern Mariana Islands shall not be considered to be States.
“(B) Allotment. — ^Each jurisdiction described in
subparagraph (A) shall be allotted not less than one-emhth
of one percent of the amoimts appropriated for the fiscal
year for which the allotment is made, except that the
Republic of Palau may receive such allotment under this
section only until the Compact of Free Association with
Palau takes effect.
“(b) Reallotment. — ^Whenever the Commissioner determines
that any amount of an allotment to a State for any fiscal year
will not be expended by such State for carr3dng out tne provisions
of this part, tne Commissioner shall make su^ amount available
for caring out the provisions of this p£irt to one or more of
the States that the Commissioner determines will be able to use
additional amounts during such year for carrying out such provi¬
sions. Any amount made available to a State for any fiscal year
pursuant to the preceding sentence shall, for the purposes of this
section, be regarded as an increase in the allotment of the State
(as determined under the preceding provisions of this section) for
such year.
*«EC. 633. AVAILABILITY OF SERVICES.
“Funds provided imder this part may be used to provide sup¬
ported employment services to individuals who are eligible under
this part. Funds provided under this part, title I, or subsection
(c) or (f) of section 311 may not be used to provide extended
services to individuals who are eligible under this part or title
*«EC. 634. EUGIBILITY.
“An individual shall be elimble under this part to receive sup¬
ported emplojrment services authorized under this Act if—
“(1) the individual is eligible for vocational rehabilitation
services;
“(2) the individual is determined to be an individual with
the most severe disabilities; and
“(3) a comprehensive assessment of rehabilitation needs
of the individual provided under section 102(bXlXA), induing
an evaluation of rehabilitation, career, and job needs, identifies
supported employment as the appropriate rehabilitation objec¬
tive for the individual.
“SEC. 635. STATE PLAN.
“(a) State Plan Supplements.— To be eligible for an allotment
under this part, a State shall submit to ^e Commissioner, as
part of ^e State plan under section 101, a State plan supplement
for pro\dding supported emplownent services authorized under this
Act to individuals who are eligible under this Act to receive the
PUBLIC LAW 102-569— OCT. 29, 1992
106 STAT. 4441
::es. Each State shall make such annual revisions in the plan
iement as may be necessary.
) Contents. — ^Each such plan supplement shall —
**(1) designate each agency that the State designated under
ection lOl(aXl) as the agency to administer the program
issisted under this part;
‘‘(2) summarize the results of the conmrehensive, statewide
issessment conducted under section 101(aX6), with respect to
e rehabilitation and career needs of individuals with severe
Usabilities and the need for supported emplo3rment services,
Deluding needs related to coordination and use of information
idthin the State relating to section 618CbXlXC) of the Individ-
lals with Disabilities Education Act (20 U.S.C. 1418(b)(lXC));
"(3) describe the quality, scope, and extent of supported
implement services authorized under this Act to be provided
in(hviduals who are eligible under this Act to receive the
ervices and specify the goals and plans of the State with
aspect to the distribution of funds received under section 632;
"(4) demonstrate evidence of the efforts of the designated
Itate agency to identify and make arrangements (induding
ntering into cooperative agreements) with other State agencies
ind other appropriate entities to assist in the provision of
upported emiMojiinent services;
"(5) demonstrate evidence of the efforts of the desimated
Itate agency to identify and make arrangements (induding
!ntering into cooperative agreements) with other public or non-
>rofit agencies or organizations within the State, employers,
latural supports, and other entities with respect to the provi-
lion of extended services;
**(6) provide assurances that —
\A) funds made available under this psirt will only
be used to provide supported emplo3rment services author¬
ized under this Act to individuals who are eligible imder
this part to receive the services;
^(B) that the comprehensive assessments of individuals
with severe disabilities conducted under section
102(bXlXA) and funded under title I will include consider¬
ation of supported emplo3n]ient as an appropriate
rehabilitation objective;
"(C) an individualized written rehabilitation program,
as required by section 102, will be developed and updated
using funds under title I in order to —
"(i) specify the supported emplojrment services to
be provided;
"(ii) specify the expected extended services needed;
and
"(iii) identify the source of extended services, which
may include natural supports, or to the extent that
it is not possible to identify the source of extended
services at the time the individualized written
rehabilitation program is developed, a statement
describing the basis for concluding that there is a
reasonable expectation that such sources will become
available;
"(D) the State will use funds provided under this part
only to supplement, and not supplant, the funds provided
unaer title I, in providing supported employment services
106 STAT. 4442
PUBLIC LAW 102-569— OCT. 29, 1992
29 use 795o.
29 use 795p.
29 use 795q.
specified in the individualized written rehabilitation
program;
*‘(E) services provided under an individualized written
rehabilitation program will be coordinated with services
provided under other individualized plans established
under other Federal or State programs;
"(F) to the extent jobs skills training is provided, the
training will be provided on-site; and
"(G) supj^rted emplo3rment services will include place¬
ment in an integrated setting for the maximum number
of hours possible based on the unique strengths, resources,
interests, concerns, abilities, and capabilities of individuals
with the most severe disabilities;
"(7) provide assurances that the State agencies designated
under paragraph (1) will expend not more than 5 percent of
the allotment of the State under this part for administrative
costs of carrying out this part; and
"(8) contain such other information and be submitted in
such manner as the Commissioner may require.
*^EC. 636. RESTRICTION.
"Each State agency designated under section 635(bXl) shall
collect the client information required by section 13 separately
for supported employment clients under this part and for supported
employment clients under title I.
*^EC. 637. SAVINGS PROVISION.
“(a) Supported Employment Services.— Nothing in this Act
shall be construed to prohibit a State from providing supported
emplo3rment services in accordance with the State plan submitted
under section 101 by using funds made available through a State
allotment under section 110.
“(b) Postemployment Services.— Nothing in this part shall
be construed to prohibit a State from providing discrete
postemployment services in accordance with the State plan submit¬
ted under section 101 by using funds made available through a
State allotment under section 110 to an individual who is eligible
under this part.
*^EC. 638. AUTHORIZATION OF APPROPRIATIONS.
"There are authorized to be appropriated to carry out this
part such sums as may be necessary for each of fiscal years 1993
through 1997.”.
(b) Table of Contents.— The table of contents relating to
title VI is amended by striking the items relating to part C and
inserting the following:
“Part C— Supported employment Services for iNDivmuALS With Severe
Disabilities
“Sec. 631. Purpose.
“Sec. 632. Allotments.
“Sec. 633. Availability of services.
“Sec. 634. Eligibility.
“Sec. 635. State plan.
“Sec. 636. Restriction.
“Sec. 637. Savings provision.
“Sec. 638. Authorization of appropriations.”.
PUBUC LAW 102-569— OCT. 29, 1992
106 STAT. 4443
riTLE Vn— INDEPENDENT LIVING
SERVICES AND CENTERS FOR INDE¬
PENDENT LIVING
BC. 701. SERVICES AND CENTERS.
nPliA ia
(1) by striking title VII (29 U.S.C. 796 et se(j.); and
(2) by adding at the end the following new title:
TITLE VII— INDEPENDENT LIVING
SERVICES AND CENTERS FOR INDE¬
PENDENT LIVING
CHAPTER 1— INDIVIDUALS WITH SEVERE DISABILITIES
TART A— GENERAL PROVISIONS
SEC. 701. PURPOSE.
‘The purpose of this chapter is to promote a philosophy of
adependent living, including a philosophy of consumer control,
oer support, self-help, self-detennination, equal access, and
adividual and system advocacy, in order to maximize the leader-
hip, empowerment, independence, and productivity of individuals
dth disabilities, and the integration and full inclusion of individ-
Lals with disabilities into the mainstream of American society,
y—
“(1) providing financial assistance to States for providing,
expanding, and improving the provision of independent living
services;
“(2) providing financial assistance to develop and support
statewide network of centers for independent living; and
“(3) providing financial assistance to States for improving
working relationships among State independent li\mg
rehabihtation service programs, centers for independent living.
Statewide Independent Living Councils established under sec¬
tion 705, State vocational rehabilitation programs receiving
assistance under title I, State programs of supported employ¬
ment services receiving assistwce under part C of title VI,
client assistance programs receiving assistance under section
112, programs funded under other titles of this Act, pri^ams
funded under other Federal programs, and programs funded
through non-Federal sources.
SEC. 702. DEFINITIONS.
“As used in this chapter:
“(1) Center for independent living.— The term ‘center
for independent living* means a consumer-controlled, commu¬
nity-based, cross-disability, nonresidential private nonprofit
agency that —
“(A) is designed and operated within a local community
by individuals with disabilities; and
“(B) provides an array of independent living services.
29 use 796.
29 use 796a.
106 STAT. 4444
PUBLIC LAW 102-569— OCT. 29, 1992
29 use 796b.
29 use 796c.
Records.
“(2) Consumer control. — The term ^consumer control*
means, with respect to an entity, that the entity vests power
and authority in individuals with disabilities.
<*SEC. 708. BUOmiLmr FOR RECEIPT OF SERVICES.
""Services may be provided under this chapter to any individual
with a severe disability, as defined in section 7(15XB).
‘^EC. 704. STATE PLAN.
“(a) In General.—
*"(1) Requirement. — ^To be elmble to receive financial
assistance under this chapter, a State shall submit to the
Commissioner, and obtain approval of, a State plan containing
such provisions as the Commissioner may require, including,
at a minimum, the provisions requ^d in this section.
""(2) Joint development.— The plan under paragraph (1)
shall be jointly developed and signed by —
""(A) the dilator of the designated State unit; and
""(B) the chairperson of the Statewide Independent liv¬
ing Council, acting on behalf of and at the direction of
the Council.
""(3) Periodic review and revision.— The plan shall pro¬
vide for the review and revision of the plan, not less tnan
once every 3 years, to ensure the existence of appropriate
planning, financial support and coordination, and other assist¬
ance to appropriately address, on a statewide and comprehen¬
sive basis, needs in the State for —
""(A) the provision of State independent living services;
""(B) the development and support of a statewide net¬
work of centers for independent living; and
""(C) working relationships between —
""(i) programs provimng independent living services
and independent living centers; and
""(ii) the vocational rehabilitation program estab¬
lished under title I, and other programs providing serv¬
ices for individuals with disabilities.
""(4) Date of submission.— The State shall submit the plan
to the Commissioner 90 days before the completion date of
the preceding plan. If a State fails to submit sudi a plan
that complies with the requirements of this section, the
Commissioner may withhold financial assistance under this
chapter until such time as the State submits such a plan.
“(b) Statewide Independent Living Council.— The plan shall
provide for the establishment of a Statewide Independent Living
Council in accordance with section 705.
“(c) Designation of State Unit.— The plan shall designate
the designated State unit of such State as the agency that, on
behalf of the State, shall —
“(1) receive, account for, and disburse funds received by
the State under this chapter based on the plan;
“(2) provide administrative support services for programs
under parts B and C;
“(3) keep such records and afford such access to such
records as the Commissioner finds to be necessary with respect
to the programs; and
“(4) submit such additional information or provide such
assurances as the Commissioner may require with respect to
the programs.
PUBLIC LAW 102-569— OCT. 29, 1992
106 STAT. 4445
“(d) Objectives.— The plan shall—
“(1) specify the objectives to be achieved under the plan
and establish timelines for the achievement of the objectives;
and
“(2) explain how such objectives are consistent with and
further the purpose of this chapter.
“(e) Independent Living Services.— The plan shall provide
lat the State will provide independent living services under this
lapter to individuals with severe disabilities, and will provide
le services to sudi an individual in accordance with an independ-
at living plan mutually agreed upon by an appropriate staff mem-
er of the service provider and the individual, unless the individual
igns a waiver stating that such a plan is unnecessary.
“(f) Scope and Arrangements.— The plan shall describe the
Ktent and scope of independent living services to be provided
der Ihis chapter to meet such objectives. If the State makes
rrangements, by grant or contract, for providing such services,
iich arrangements shall be described in the plan.
“(g) Network. — ^The plan shall set forth a design for the
3tablishment of a statewide network of centers for independent
ving that comply with the standards and assurances set forth
1 section 725.
“(h) Centers. — In States in which State funding for centers
>r independent living equals or exceeds the amount of funds allot-
id to the State under part C, as provided in section 723, the
Ian shall include policies, practices, and procedures governing
le awarding of grants to centers for independent living and over-
ight of such centers consistent with section 723.
“(i) Cooperation, Coordination, and Working Relation-
EUPS Among Various Entities.— The plan shall set forth the
teps that will be taken to maximize the cooperation, coordination,
nd working relationships among —
“(1) the independent living rehabilitation service program,
the Statewide Independent Laving Council, and centers for
independent living; and
“(2) the designated State unit, other State agencies rep¬
resented on such Council, other councils that address the needs
of specific disability populations and issues, and other public
and private entities aetermined to be appropriate by the
Council.
“(j) Coordination of Services.— The plan shall describe how
3rvices funded under this chapter will be coordinated with, and
)mplement, other services, in order to avoid unnecessary duplica-
on with other Federal, State, and local programs.
“(k) Coordination Between Federal and State Sources. —
he plan shall describe efforts to coordinate Federal and State
mding for centers for independent living and independent living
Brvices.
“(1) OUTOEACH. — ^With respect to services and centers funded
nder this chapter, the plan shall set forth steps to be taken
Bgarding outreach to popvdations that are unserved or underserved
y programs under tins title, including minority groups and urban
d rural populations.
“(m) Requirements. — The plan shall provide satisfactory assur-
nces that all recipients of financial assistance imder this chapter
rUl—
106 STAT. 4446
PUBLIC LAW 102-569— OCT. 29, 1992
Records.
Records.
Reports.
29 use 796d.
“(1) notify all individuals seeking or receiving services
under tiiis chapter about the availability of the client assistance
program under section 112, the purposes of the services pro¬
vided under such program, and how to contact such program;
‘*(2) take affirmative action to employ and advance in
employment qualified individuals with disabilities on the same
terms and conditions required with respect to the employment
of such individuals under the provisions of section 503;
**(3) adopt such fiscal control and fund accounting proce¬
dures as may be necessary to ensure the proper disbursement
of and accounting for funds paid to the State under this chapter;
“(4XA) maintain records that fully disclose —
‘‘(i) the amount and disposition by such recipient of
the proceeds of such financial assistance;
“(ii) the total cost of the project or undertaking in
connection with which such financial assistance is given
or used; and
“(iii) the amount of that portion of the cost of the
project or imdertaking supplied by other sources;
‘^(B) maintain such other records as the Commissioner
determines to be appropriate to facilitate an effective audit;
"(C) afford such access to records maintained under sub-
paragraphs (A) and (B) as the Commissioner determines to
be appropriate; and
"(D) submit such reports with respect to such records as
the Commissioner determines to be appropriate;
"(5) provide access to the Commissioner and the Comptrol¬
ler General or any of their duly authorized representatives,
for the purpose of conducting audits and examinations, of any
books, documents, papers, and records of the recipients that
are pertinent to the financial assistance received imder this
chapter; and
"(6) provide for public hearings regarding the contents of
the plan during both the formulation and review of the plan,
"(n) Evaluation. — ^The plan shall establish a method for the
perio^c evaluation of the effectiveness of the plan in meeting the
objectives established in subsection (d), induing evaluation of
satisfaction by mdividuals with disabilities.
“SEC. 706. STATEWIDE INDEPENDENT LIVING COUNCIL.
"(a) Establishment. — ^To be eligible to receive financial assist¬
ance under this ch^ter, each State shall establish a Statewide
Independent Living Cfouncil (referred to in this section as the ‘Coun¬
cil'). The Council shall not be established as an entity within
another State agency.
“(b) Composition and Appointment.—
“(1) Appointment. — ^Members of the Council shall 1^
appointed by the Governor or the appropriate entity within
the State responsible for making appointments, within 90 days
after the date of enactment of the Rehabilitation Act Amend¬
ments of 1992. The appointing authority shall select members
after soliciting recommendations from representatives of
organizations representing a broad range of individuals with
disabilities and organizations interested in individuals with
disabilities.
“(2) Composition. — ^The Council shall include —
PUBLIC LAW 102-569— OCT. 29, 1992
106 STAT. 4447
*‘(A) at least one director of a center for independent
living diosen by the directors of centers for independent
living within the State; and
^B) as ex officio, nonvoting members —
‘Xi) a representative from the designated State
unit; and
*‘(ii) representatives from other State agencies that
provide services for individuals with disabihties.
“(3) Additional members.— The Council may include—
"(A) other representatives from centers for independent
parents and guardians of individuals with disabil¬
ities;
**(0) advocates of and for individuals with disabilities;
**(0) representatives from private businesses;
**(£) representatives from organizations that provide
services for individuals with disabilities; and
‘*(F) other appropriate individuals.
“(4) Qualifications. — ^The Council shall be composed of
members —
“(A) who provide statewide representation;
**(£) who represent a broad range of individuals with
disabilities;
**(0 who are knowledgeable about centers for independ¬
ent living and independent living services; and
**(0) a m^ority of whom are persons who are —
*‘(i) individuals wdth disabilities described in sec¬
tion 7(8XB); and
“(ii) not employed by any State agency or center
for independent living.
“(5) Chairperson.—
*‘(A) In general. — ^Except as provided in subparagraph
(B), ffie Council shall select a chairperson from among
the membership of the Council.
“(B) Designation by governor.— In States in which
the Giovemor does not have veto power pursuant to State
law, the Governor shall designate a member of the Council
to serve as the chaii^rson of the Council or shall require
the Council to so designate such a member.
“(6) Terms of appointment.—
“(A) Length of term. — Each member of the Council
shall serve for a term of 3 years, except that —
**(1) a member appointed to nil a vacancy occurring
prior to the expiration of the term for which a prede¬
cessor was appointed, shall be appointed for the
remainder of such term; and
*‘(ii) the terms of service of the members initially
appointed shall be (as specified by the appointing
authority) for such fewer number of years as will pro¬
vide for the expiration of terms on a staggered basis.
“(B) Number of terms. — No member of the Council
may serve more than two consecutive full terms.
“(7) Vacancies. — ^Any vacancy occurring in the membership
of the (Council shall be filled in the same manner as the origin^
appointment. The vacancy shall not affect the power of the
remaining members to execute the duties of the Council.
“(c) Duties. — ^The Council shtdl —
106 STAT. 4448
PUBLIC LAW 102-569— OCT. 29, 1992
Reports.
Records.
29 use 796d-l.
**(1) jointly develop and submit (in copjunction with the
designated State agency) the State plan required in section
704;
**(2) monitor, review, and evaluate the implementation of
the State plan;
""(S) coordinate activities with the State Rehabilitation
Advisory Council established under section 105 and councils
that address the needs of specific disability populations and
issues under other Federal law;
**(4) ensure that all regularly scheduled meetings of the
Council are open to the public and sufficient advance notice
is provided; and
**(5) submit to the Commissioner such periodic reports as
the C^ommissioner may reasonably request, and keep such
records, and afford such access to such records, as the Commis¬
sioner ^ds necessary to verify such reports.
“(d) Hearings and Forums.— The Council is authorized to hold
such hearings and forums as the Council may determine to be
necessary to carry out the duties of the Council.
“(e) Plan.—
“(1) In general. — ^The Council shall prepare, in conjunction
with the designated State unit, a plan for the provision of
such resources, including such staff and personnel, as may
be necessary to carry out the functions of the Council under
this section, with funds made available under this chapter
and part C of title I and from other public and private sources.
The resource plan shall, to the mEodmum extent possible, rely
on the use of resources in existence during the period of
implementation of the plan.
“(2) Supervision and evaluation.— Each Council shall,
consistent with State law, supervise and evaluate such staff
and other personnel as may be necessary to carry out the
functions of the Council under this section.
“(3) CONFUCT OF INTEREST.— While assisting the Council
in carrying out its duties, staff and other personnel shall not
be assigned duties by the designated State agency or any other
agency or office of the State, that would create a confiict of
interest.
“(f) Compensation and Expenses.— The Council may use such
resources to reimburse members of the Council for reasonable and
necessary expenses of attending Council meetings and performing
Council duties (including child care and person^ assistance serv¬
ices), and to pay compensation to a member of the Council, if
such member is not employed or must forfeit wages from other
employment, for each day the member is engaged in performing
Council duties.
“(g) Use of Existing Councils.— To the extent that a State
has established a Council before September 30, 1992, that is com-
E arable to the Council described in this section, such Council shall
e considered to be in compliance with this section. Within 1 year
after the date of enactment of the Rehabilitation Act Amendments
of 1992, such State shall establish a Council that complies in
full with this section.
*^£0. 706. RESPONSmiLinES OF THE COMMISSIONER.
“(a) Approval of State Plans.—
PUBLIC LAW 102-569— OCT. 29, 1992
106 STAT. 4449
“(1) In general. — ^The Commissioner shall approve any
State plan submitted under section 704 that the Commissioner
determines meets the requirements of section 704, and shall
disapprove any such plan ^at does not meet such requirements,
as soon as practicable after receiving the plan. Prior to such
disapproval, the Commissioner shall notify the State of the
intention to disapprove the plan, and shall afford such State
reasonable notice and opportunity for a hearing.
“(2) Procedures.—
*‘(A) In general. — ^Except as provided in subparagraph
(B), tiie provisions of subsections (c) and (d) of section
107 shall apply to any State plan submitted to the Commis¬
sioner under section 704.
“(B) Application. — For purposes of the application
described in subparagraph (A), all references in such
provisions —
“(i) to the Secretary shall be deemed to be ref¬
erences to the Commissioner; and
“(ii) to section 101 shall be deemed to be references
to section 704.
“(b) Indicators. — ^Not later than October 1, 1993, the Commis-
doner shall develop and publish in the Federal Register indicators
>f minimum compliance consistent with the standards set forth
n section 725.
“(c) On-Site Compliance Reviews.—
“(1) Reviews. — The Commissioner shall annually conduct
on-site compliance reviews of at least 15 percent of the centers
for independent living that receive funds under part C and
shall periodically conduct such a review of each such center.
The Commissioner shall select such centers for review on a
random basis.
“(2) Qualifications of employees conducting
REVIEWS. — ^The Commissioner shall —
“(A) to the maximum extent practicable, cany out such
a review by using employees of the Department who are
knowledgeable al^ut the provision of independent living
services;
“(B) ensure that the employee of the Department with
responsibility for supervising such a review shall have such
knowledge; and
“(C) ensure that at least one member of a team conduct¬
ing such a review shall be an individual who —
“(i) is not a government employee; and
“(ii) has experience in the operation of centers
for independent Uving.
“(d) Reports. — ^The Commissioner shall include, in the annual
eport required under section 13, information on the extent to
vMch centers for independent living receiving funds under part
Z have complied with the standards and assurances set forth in
lection 725. The Commissioner may identify individual centers
or independent living in the analysis. The Commissioner shaU
•eport the results of on-site compliance reviews, identifying individ-
ud centers for independent living and other recipients of assistance
mder this chapter.
Federal
Renter,
publication.
Reports.
29 use 796e.
‘TART B— INDEPENDENT LIVING SERVICES
*^EC. 711. ALLOTBIENTS.
“(a) In General.—
“(1) States.—
“(A) Population basis. — ^Except as provided in sub-
paraspraphs (B) and (C), from sums appropriated for each
nscal year to carry out this part, the Commissioner shall
make an allotment to each State whose State plan has
been approved imder section 706 of an amount bearing
the same ratio to such sums as the population of the
State bears to the population of all States.
“(B) Maintenance of 1992 amounts.— Subject to the
availability of appropriations to carry out this part, the
amount 01 any allotment made under subparagraph (A)
to a State for a fiscal year shall not be less thw ^e
amount of an allotment made to the State for fiscal year
1992 under part A of this title, as in effect on the day
before the date of enactment of the Rehabilitation Act
Amendments of 1992.
“(C) Minimums.— Subject to the availability of appro¬
priations to carry out this part, and except as provided
in subparagraph (B), the allotment to any State under
subparagraph (A) shdl be not less than $275,000 or one-
third of one percent of the sums made available for the
fiscal year for which the allotment is made, whichever
is greater, and the allotment of any State under this section
for any fiscal year that is less than $275,000 or one-third
of one percent of such sums shall be increased to the
greater of the two amoimts.
®(2) Certain territories.—
“(A) In general. — For the purposes of this subsection,
Guam, American Samoa, the United States Virgin Islands,
the Commonwealth of the Northern Mariana Islands, and
the R^ublic of Palau shall not be considered to be States.
“(B) Allotment. — ^Each jurisdiction described in
subparagraph (A) shall be allotted not less than one-eighth
of one percent of the amounts made available for purposes
of this part for the fiscal year for which the imotment
is made, except that the Republic of Palau may receive
such allotment under this section only until the Compact
of Free Association with Palau takes effect.
“(3) Adjustment for inflation.— For purposes of deter¬
mining the minimum amount of an allotment under paragraph
(IXC), the amount $275,000 shall, in the case of such allotments
for fiscal year 1994 and subsequent fiscal years, be increased
to the extent necessary to offset the effects of inflation occurring
since October 1992, as measured by tiie percentage increase
in the Consumer Price Index For All Urban Consumers (U.S.
city average) during the period ending on April 1 of the fiscal
year preceding the fiscal year for which the allotment is to
be made.
“(b) Proportional Reduction. — Subject to subsection (aXlXB),
amounts nei^ssary to provide allotmente to States in accordance
with subsection (aXlXB\ or in accordance with subsection (aXlXC)
as increased under subsection (aX3), or to provide allotments under
subsection (aX2XB), shall be derived by proportionately reducing
PUBLIC LAW 102-569— OCT. 29, 1992
106 STAT. 4451
lie allotments of the remaining States under subsection (aXl),
)ut with such ac(justments as may be necessary to prevent the
dlotment of any such remaining States from being thereby reduced
n less than the greater of $275,000 or one-third of one percent
)f the sums made available for purposes of this part for the fiscal
;^ear for which the allotment is made, as increased in accordance
vith subsection (aX3).
“(c) Reaijlotment. — ^Whenever the Commissioner determines
hat any amount of an allotment to a State for any fiscal year
vill not be expended by such State in canying out the provisions
>f this p^, the Commissioner shall make such amount available
or carrying out the provisions of this part to one or more of
he States that the Commissioner determines will be able to use
idditional amounts during such year for carrying out such provi¬
sions. Any amount made available to a State for any fiscal year
>ursuant to the preceding sentence shall, for the purposes of this
section, be regarded as an increase in the allotment of the State
as determined under the preceding provisions of this section) for
such year.
SEC. 712. PAYMENTS TO STATES FROM ALLOTMENTS.
“(a) Payments. — ^From the allotment of each State for a fiscal
rear under section 711, the State shall be paid the Federal share
sf the expenditures incurred durii^ such year under its State
dan approved under section 706. I^ch payments may be made
after necessary acfjustments on account of previously made overpay-
nents or underpayments) in advance or by way of reimbursement,
ind in such instsillments and on such concUtions as the Commis-
lioner may determine.
“(b) Federal Share.—
“(1) In general. — ^The Federal share with respect to any
State for any fiscal year shall be 90 percent of the expenditures
incurred by the State during such year under its State plan
approved under section 706.
“(2) Non-federal share. — ^The non-Federal share of the
cost of any project that receives assistance through an allotment
under this part may be provided in cash or in kind, fairly
evaluated, including plant, equipment, or services.
“(3) Determination. — For the purpose of determining the
Federal share with respect to any State, expenditures by a
political subdivision of such State shall, subje^ to regulations
E rescribed by the Commissioner, be regarded as expenditures
y such State.
SEC. 713. AUTHORIZED USES OF FUNDS.
'The State may use funds received under this part to provide
e resources described in section 705(e), relating to the Statewide
ndependent Living Council, and may use funds received under
his part —
“(1) to provide independent living services to individuals
with severe disabilities;
“(2) to demonstrate ways to expand and improve independ¬
ent living services;
“(3) to support the operation of centers for independent
living;
“(4) to support activities to increase the capacities of public
or nonprofit agencies and organizations and other entities to
29 use 796e-l.
Regulations.
29 use 796e-2.
106 STAT. 4452
PUBLIC LAW 102-569— OCT. 29, 1992
develop comprehensive approaches or systems for providing
independent living services;
^(6) to conduct studies and analyses, gather information,
develop model policies and procedures, and present information,
approc^es, strategies, findings, conclusions, and recommenda¬
tions to Federal, State, and local poliqrmakers in order to
enhance independent living services for individuals with
disabilities;
**(6) to train individuals with disabilities and individuals
providing services to individuals with disabilities and other
persons regarding the independent living philosophy; and
**(7) to provide outreach to populations that are unserved
or underserved by programs under this title, including minority
groups and urban and rural populations.
29 use 796e-3. -SEC. 714. AUTHORIZATION OF APPROPRIATIONS.
‘There are authorized to be appropriated to car^ out this
part such sums as may be necessary for each of the fiscal years
1993, 1994, 1996, 1996, and 1997.
“PART C— CENTERS FOR INDEPENDENT
LIVING
29 use 796f.
Greints.
Contracts.
‘^EC. 721. PROGRAM AUTHORIZATION.
“(a) In General. — From the funds appropriated for fiscal year
1994 and for each subsequent fiscal year to cany out this part,
the Commissioner shall allot such sums as may be necessa^ to
States and other entities in accordance with subsections (b) through
(d).
“(b) Training.--
“(1) Grants* contracts; other arrangements.— For any
fiscal year in which the funds appropriated to carry out this
part exceed the funds appropriated te carry out this part for
fiscal year 1993, the Commissioner shall first reserve firom
such excess, to provide training and technical assistance for
such fiscal year, not less than 1.8 percent, and not more than
2 percent, of such funds.
“(2) Allocation. — ^From the funds reserved under para-
^aph (1), the Commissioner shall make mants to, and enter
into (infracts and other arrangements with, entities who have
experience in the operation of centers for independent living
to provide such training and technical assistance with respect
to planning, developing, conducting, administering, and
evaluating centers for mdependent living.
“(3) FUNDING PRIORITIES. — ^The Commissioner shall conduct
a smvey of Statewide Independent Living Councils and centers
for independent living regarding training and technical assist¬
ance needs in order to determine funding priorities for such
grants, contracts, and other arrangements.
“(4) Review. — To be eligible to receive a grant or enter
into a contract or other arrangement under this subsection,
such an entily shall submit an application to the Commissioner
at such time, in such manner, and containing a proposal to
provide su^ treuning and technical assistance, and containing
such additional information as the Commissioner may require.
The Copimissioner shall provide for peer review of grant
applications by panels that mclude persons who are not govern-
PUBLIC LAW 102-569— OCT. 29, 1992
106 STAT. 4453
ment employees and who have experience in the operation
of centers for independent living.
“(6) Prohibition on combined funds.— No funds reserved
by the Commissioner under this subsection may be combined
with funds appropriated under any other Act or part of this
Act if the purpose of combining funds is to make a single
discretionary grant or a single mscretionary payment, unless
such funds appropriated under this chapter are separately
identified in such grant or payment and are used for the pur¬
poses of this chapter.
“(c) In General.—
“(1) States.—
“(A) Population basis. — ^Except as provided in sub-
paragraphs (B) and (C) and after the reservation required
by subsection (b) has been made, from the remainder of
the amoimts appropriated for each such fiscal year to carry
out this part, the Commissioner shall make an allotment
to each State whose State plan has been approved under
section 706 of an amount bearing the same ratio to such
remainder as the population of the State bears to the
population of all States.
“(B) Maintenance of 1992 amounts.— Subject to the
availability of appropriations to carry out this part, the
amount of any allotment made imder subparagraph (A)
to a State for a fiscal year shall not be less than the
amount of financial assistance received by centers for
independent living in the State for fiscal year 1992 under
part B of this title, as in effect on the day before the
date of enactment of the Rehabilitation Act Amendments
of 1992.
“(C) Minimums. — Subject to the availability of appro¬
priations to carry out this part and except as provided
in subparagraph (B), for a fiscal year in which the amounts
appropriated to carry out this part exceed the amounts
appropriated for fiscal year 1992 to carry out part B of
this title, as in effect on the day before the date of enact¬
ment of tile Rehabilitation Act Amendments of 1992 —
“(i) if such excess is not less than $8,000,000,
the allotment to any State under subparagraph (A)
shall be not less than $450,000 or one-third of one
percent of the sums made available for the fiscal year
for which the allotment is made, whichever is greater,
and the allotment of any State under this section for
any fiscal year that is less than $450,000 or one-third
of one percent of such sums shall be increased to
the greater of the two amoimts;
“(ii) if such excess is not less than $4,000,000
and is less than $8,000,000, the allotment to any State
under subparagraph (A) shall be not less than $400,000
or one-thim of one percent of the sums made available
for the fiscal year for which the allotment is made,
whichever is greater, and the allotment of any State
under this section for any fiscal year that is less than
$400,000 or one-third of one percent of such sums
shall be increased to the greater of the two amounts;
and
106 STAT. 4454
PUBLIC LAW 102-569— OCT. 29, 1992
Grants.
Contracts.
if such excess is less than $4,000,000, the
allotment to any State under subparagraph (A) shall
approach, as nearly as possible, the greater of the
two amounts descried in clause (ii).
“(2) Certain territories. —
“(A) In general. — ^For the purposes of this subsection,
Guam, American Samoa, the United States Virgin Islands,
the Commonwealth of the Northern Mariana Islands, and
the Republic of Palau shall not be considered to be States.
“(B) Allotment. — Each jurisdiction described in
subparagraph (A) shall be allotted not less than one-eighth
of one percent of the remainder for the fiscal year for
which the allotment is made, except that the RepubUc
of Palau may receive such allotment under this section
only imtil the Compact of Free Association with Palau
takes effect.
“(3) Adjustment for inflation.— For any fiscal year,
beginning in fiscal year 1994, in which the total amount appro¬
priated to carry out this part exceeds the total amount appro¬
priated to carry out this part for the preceding fiscal year
by a percentage greater than the most recent percentage change
in the Consumer Price Index For All Urban Consumers pub¬
lished by the Secretary of Labor imder section lOOfcXl), the
Commissioner shall increase the minimum allotment under
paragraph (IXC) by such percentage change in the Consumer
Price Index For All Urban Consumers.
“(d) Reallotment. — Whenever the Commissioner determines
that any amount of an allotment to a State for any fiscal year
will not be expended by such State for carrying out the provisions
of this part, the Commissioner shall make such amount available
for carrying out the provisions of this part to one or more of
the States that the Commissioner determines will be able to use
additional amounts during such year for carrying out such provi¬
sions. Any amount made available to a State for any fiscal year
pursuant to the preceding sentence shall, for the purposes of this
section, be regarded as an increase in the allotment of the State
(as determined under the preceding provisions of this section) for
such year.
“(e) Transition Rules.—
“(1) Reservation.—
“(A) Fiscal year 1993. — For fiscal year 1993, the
Commissioner shall first reserve from the funds appro¬
priated to carry out this part, not less than 1.8 percent,
and not more than 2 percent, of such funds, whichever
is greater, for training, technical assistance, and transition
assistance, to centers for independent living.
“(B) Training and technical assistance.— From the
funds reserved under subparagraph (A), the Commissioner
shall make grants to, and enter into contracts and other
arrangements with, entities who have experience in the
operation of centers for independent living, to —
“(i) provide such training and technical assistance
with respect to planning, developing, conducting,
administering, and evaluating centers for independent
living; and
“(ii) provide such transition assistance to assist
the centers with efforts to achieve compliance with
the standards and assurances set forth in this part.
“(C) Review. — ^To be eligible to receive a grant or ^ter
into a contract or other arrangement under tWs paragraph,
such an entity shall submit an application to the Commis¬
sioner at such time, in such manner, and containing a
proposal to provide such training, technical assistance, and
transition assistance and containing such additional
information as the Commissioner may require. The
Commissioner shall provide for peer review of such propos¬
als by panels that include persons who are not government
employees and who have experience in the operation of
centers for independent living.
“(D) Prohibition on combined funds.— An entity that
receives funds under this paragr^h shall comply vdth
subsection (b)(5) with respect to the nmds.
“(2) In general. —
“(A) Grants. — ^After the reservation required by para-
^aph (1) has been made, and from the remainder of the
nmds appropriated for fiscal year 1993 to carry out this
part, the Secretary is authorized to make grants to eUgible
agencies described in subparagraph (B) to operate centers
for independent living.
“(B) Agencies. —
“(i) Fiscal year 1992 recipients.— Private non¬
profit agencies that received funding directly or
through subgrants or contracts under part B, as in
effect on the day before the date of enactment of the
Rehabilitation Act Amendments of 1992, in fiscal year
1992 shall receive assistance imder this part for fiscal
year 1993 if the agencies submit applications that dem¬
onstrate to the satisfaction of the Commissioner that
as of October 1, 1993, such agencies will meet the
standards described in section 725(b) and that contain
the assurances descried in section 725(c). In determin¬
ing whether a center meets the standards described
in section 725(b), the Commissioner will look for
information that shows how the center will meet each
standard. The Commissioner shall consider any data
on past performance that is provided by the agenw
that shows how the center has oeen meeting the stand¬
ards.
“(ii) Other agencies. — ^Private nonprofit agenci^
that did not receive assistance under part B, m m
effect on the day before the date of enactment of the
Rehabilitation Act Amendments of 1992, in fiscal year
1992 may receive assistance under tins part for fiscal
year 1993 if the agencies submit satisfactoi^ apphca-
tions for fiscal year 1993. In determining whether ^
application is satisfactory, the Secreta^ sh^ usetoe
criteria for selection of centers specified m section
722(dX2XB). ^
“(C) Pmority. — The Secretary may not award funds
to a private nonprofit agency that aid not r^ive as^t^w
under part B, as in effect on the day ^fore the date
of enactment of the Rehabilitation Act Amendments of
106 STAT. 4456
PUBLIC LAW 102-569— OCT. 29, 1992
29 use 796f-l.
1992, in fiscal year 1992 until the Secretary has fiuided
all agencies within each State that received such funding
and have submitted applications described in subparagraph
(BXi) for fiscal year 1993.
“SEC. 722. GRANTS TO CENTERS FOR INDEPENDENT LIVING IN
STATES IN WHICH FEDERAL FUNDING EXCEEDS STATE
FUNDING.
“(a) Establishment. —
“(1) In general. — ^Unless the director of a designated State
unit awards grants under section 723 to eligible agencies in
a State for a fiscal year, the Commissioner shall award grants
under this section to such eligible agencies for such fiscal
year from the amount of funds allotted to the State imder
subsection (c) or (d) of section 721 for such year.
“(2) Grants. — The Commissioner shall award such grants,
from the amount of funds so allotted, to such eligible agencies
for the planning, conduct, administration, and evaluation of
centers for independent living that comply with the standards
and assurances set forth in se^ion 725.
“(b) Eligible Agencies. — In any State in which the Commis¬
sioner has approved the State plan required by section 704, the
Commissioner may make a grant under this section to any eligible
agency that —
“(1) has the power and authority to carry out the purpose
of this part and perform the functions set forth in se^ion
725 within a community and to receive and administer funds
under this part, funds and contributions from private or public
sources that may be used in supiMrt of a center for independent
living, and funds from other pubHc and private programs;
‘^(2) is determined by the Commissioner to be able to plan,
conduct, administer, and evaluate a center for independent
living consistent with the standards and assurances set forth
in section 725; and
*^(3) submits an application to the Commissioner at such
time, in such manner, and containing such information as
the Commissioner may require.
‘'(c) Existing Eligible Agencies. — In the administration of
the provisions of this section, the Commissioner shall award grants
to any eligible agency that is receiving funds imder this part on
September 30, 1993, unless the Commissioner makes a finding
that the agency involved fails to meet program and fiscal standards
and assurances set forth in section 725.
“(d) New Centers for Independent Living.—
“(1) In general.— If there is no center for independent
living serving a region of the State or a region is underseryed,
and the increase in the allotment of the State is sufficient
to support an additional center for independent living in ^e
State, the Commissioner may award a grant under this section
to the most qualified applicant, consistent with the provisions
in the State plan setting forth the design of the State for
establishing a statewide network of centers for independent
liviM.
“(2) Selection. — ^In selecting from among applicants for
a inrant under this section for a new center for independent
living, the Clommissioner —
PUBLIC LAW 102-569-OCT. 29, 1992
106 STAT. 4457
‘‘(A) ahall consider comments regarding the application,
if any, by the Statewide Indei^ndent Living CouncU in
the State in whidi the applicant is located;
"(B) shall consider me ability of each such applicant
to operate a center for independent living based on —
‘Xi) evidence of the need for such a center;
‘Xii) any past performance of such applicant in
providing services comparable to independent living
services;
"(iii) the plan for satisfying or demonstrated suc¬
cess in satisfying the standards and the assurances
set forth in section 725;
“(iv) the quality of key personnel and the involve¬
ment of individuals with severe disabilities;
"(v) budgets and cost-effectiveness;
"(vi) an evaluation plan; and
"(vii) the ability of such applicant to carry out
the plans; and
"(C) shall give priority to applications from applicants
proposing to serve geo^aphic areas within each State that
are currently imserved or underserved by independent liv¬
ing propams, consistent with the provisions of the State
plan submitted under section 704 regarding establishment
of a statevdde network of centers for independent living.
“(3) Current centers. — ^Notwithstanding paragraphs (1)
and (2), a center for independent living that receives assistance
under part B (or part A as in effect on the day before the
date of enactment of the Rehabilitation Act Amendments of
1992) for a fiscal year for the general operation of the center
shall be eligible for a grant for the subsequent fiscal year
under this subsection.
"(e) Order of Priorities. — ^The Commissioner shall be guided
e following order of priorities in allocating funds among centers
independent living within a State, to the extent fwds are
liable:
"(1) The Commissioner shall support existing centers for
independent living, as described in subsection (c), that comply
with the standards and assurances set forth in section 725,
at the level of fimdin^ for the previous year.
"(2) The Commissioner shall provide for a cost-of-living
increase for such existing centers for independent living.
"(3) The Commissioner shall fund new centers for independ¬
ent living, as described in subsection (d), that comply vdth
the standards and assurances set forth in section 725.
"(f) Review.—
"(1) In general. — ^The Commissioner shall periodically
review each center receiving funds under this section to deter¬
mine whether such center is in compliance with the standards
and assurances set forth in section 725. If the Commissioner
determines that any center receiving funds imder this section
is not in compliance with the standards and assurances set
forth in section 725, the Commissioner shall immediately notify
such center that it is out of conmliance.
"(2) Enforcement. — The (Jommissioner shall terminate all
funds under this section to such center 90 days after the
date of such notification unless the center submits a plan
106 STAT. 4458
PUBLIC LAW 102-569— OCT. 29, 1992
29 use 796f-2.
to achieve compliance within 90 days of such notification and
such plan is approved by the Commissioner.
<^EC. 723. GRANTS TO CENTERS FOR INDEPENDENT LIVING IN
STATES IN WHICH STATE FUNDING EQUALS OR EXCEEDS
FEDERAL FUNDING.
“(a) Establishment. —
“(1) In GENERAL.—
“(A) Initial year. —
“(i) Determination. — Beginning on October 1,
1993, the director of a desimated State unit, as pro¬
vided in paragraph (2), or the Commissioner, as pro¬
vided in paragraph (3), shall award ^ants under this
section for an initial fiscal year if the Commissioner
determines that the amoimt of State funds that were
earmarked by a State for a preceding fiscal year to
support the general operation of centers for independ¬
ent living meeting the requirements of this part
equaled or exceeded the amount of funds aUotted to
the State under subsection (c) or (d) of section 721
for such year.
“(ii) Grants. — ^The director or the Commissioner,
as appropriate, shall award such grants, fiom the
amount of funds so allotted for the initial fiscal year,
to eligible a|[encies in the State for the planning, con¬
duct, administration, and evaluation of centers for
independent living that comply with the standards and
assurances set forth in section 725.
“(iii) Regulation. — ^The Commissioner shall by
regulation specify the preceding fiscal year with respect
to which the Commissioner will make the determina¬
tions described in clause (i) and subparagraph (B).
“(B) Subsequent years.— For each year subsequent
to the initial fiscal year described in subpara^aph (A),
the director of the designated State unit shall continue
to have the authority to award such grants under this
section if the Commissioner determines that the State
continues to earmark the amount of State funds described
in subparagraph (AXi). If the State does not continue to
earmark such an amount for a fiscal year, the State shall
be ineligible to make mrants under this section after a
final year following such fiscal year, as defined in accord¬
ance with regulations established by the Commissioner,
and for each subsequent fiscal year.
“(2) Grants by designated state units.— In order for
the desimated State unit to be eUgible to award the grsmts
described in paragraph (1) and carry out this section for a
fiscal year witn respect to a State, the designated State agency
shall submit an application to the Conunissioner at such time,
and in such manner as the Commissioner may require, includ¬
ing information about the amount of State funds described
in paragraph (1) for the preceding fiscal year. If the Commis¬
sioner makes a determination described in subparagraph (AXi)
or (B), as appropriate, of paragraph (1), the Commissioner
shall approve the application and designate the director of
the desip^uated State unit to award the grant and carry out
this section.
PUBLIC LAW 102-569— OCT. 29, 1992
106 STAT. 4459
‘*(3) Grants by commissioner.— If the designated State
agency of a State described in paragraph (1) does not submit
and obtain approval of an application under paragraph (2),
the Commissioner shall award the grant described in paragraph
(1) to the State in accordance with section 722.
“(b) Eligible Agencies. — ^In any State in which the Commis-
ner has approved the State plan required by section 704, the
'ector of the designated State unit may award a grant under
is section to any eligible agency that —
“(1) has the power and authority to carry out the purpose
of this part and perform the functions set forth in section
725 within a community and to receive and administer funds
under this part, fimds and contributions from private or public
sources that may be used in support of a center for independent
living, and funds from other public and private programs;
^2) is determined by the director to be able to plan, con¬
duct, administer, and evaluate a center for independent living,
consistent with the standards and assurances set forth in sec¬
tion 725; and
"(3) submits an application to the director at such time,
in such manner, and containing such information as the head
of the designated State unit may require.
‘'(c) Existing Eligible Agencies.— In the administration of
3 provisions of this section, the director of the designated State
it shall award grants under this section to any eligible agency
it is receiving funds under this part on September 30, 1993,
less the director makes a finding that the agency involved fails
comply with the standards and assurances set fbrth in section
5.
“(d) New Centers for Independent Living.—
“(1) In general. — ^If there is no center for independent
living serving a region of the State or the region is unserved
or underserved, and the increase in the allotment of the State
is sufficient to support an additional center for independent
living in the State, the director of the designated State unit
may award a grant under this section from among eligible
agencies, consistent with the provisions of the State plan under
section 704 setting forth the design of the State for establishing
a statewide network of centers for independent living.
“(2) Selection. — In selecting from among eligible agencies
in awarding a grant under this part for a new center for
independent living —
“(A) the director of the designated State imit and the
chairperson of, or other individual designated by, the State¬
wide Independent Living Council acting on behalf of and
at the direction of the Council, shall jointly appoint a
peer review committee that shall rank applications in
accordance with the standards and assurances set forth
in section 725 and criteria jointly established by such direc¬
tor and such chairperson or individual;
“(B) the peer review committee shall consider the abil¬
ity of each such applicant to operate a center for independ¬
ent living, and snail recommend an applicant to receive
a grant under this section, based on —
“(i) evidence of the need for a center for independ¬
ent living, consistent with the State plan;
106 STAT. 4460
PUBLIC LAW 102-569— OCT. 29, 1992
any past performance of such applicant in
providing services comparable to independent living
services;
*‘(iii) the plan for complying with, or demonstrated
success in complying vdth, the standards and the
assurances set form in section 725;
‘Xiv) the quality of key personnel of the applicant
and the involvement of individuals with severe disabil¬
ities by the applicant;
‘*(v) the Dudgets and cost-effectiveness of the
applicant;
‘^(vi) the evaluation plan of the applicant; and
“(vii) the ability of such applicant to carry out
the plans; and
**(0 the director of the designated State unit shall
award the grant on the basis of the recommendations of
the peer review committee if the actions of the committee
are consistent vdth Federal and State law.
“(3) Current centers. — ^Notwithstanding paragraphs (1)
and (2), a center for independent living that receives assistance
under part B (or part A as in effect on the day before the
date of enactment of the Rehabilitation Act Amendments of
1992) for a fiscal vear for the general operation of the center
shall be eligible for a grant tor the subsequent fiscal year
imder this subsection.
“(e) Order of Priorities. — ^Unless the director of the des¬
ignated State unit and the chairperson of the Coimdl or other
individual designated by the Council acting on behalf of and at
the direction of the Council jointly anee on another order of priority,
the director shall be guided by the following order of priorities
in allocating funds among centers for independent living vdthin
a State, to the extent funds are available:
**(1) The director of the designated State unit shall support
existing centers for independent living, as described in sub¬
section (c), that comply writh the standards and assurances
set forth in section 725, at the level of funding for the previous
year.
‘*(2) The director of the desimiated State unit shall provide
for a cost-of-living increase mr such existing centers for
of the designated . State unit shall fund
new centers for independent living, as described in subsection
(d), that comply with the standards and assurances set forth
in section 725.
“(f) Review.—
‘*(1) In general. — ^The director of the designated State
unit shall periodically review each center receiving funds under
this section to determine whether such center is m compliance
vdth the standards and assurances set forth in section 725.
If the director of the designated State unit determines that
any center receiving funds under this section is not in compli¬
ance with the standards and assurances set forth in section
725, the director of the designated State unit shall immediately
notify such center that it is out of compliance.
^(2) Enforcement. — ^The director of the designated State
_1 _ n A. _ i _ _ _ l* _ A. _
mdependent living.
“(3) The director
‘^(A) the date of such notification; or
‘^(B) in the case of a center that requests an appeal
under subsection (h), tiie date of any final decision under
subsection (h),
unless the center submits a plan to achieve compliance within
90 days and such plan is approved by the director, or if
appealed, by the Commissioner.
“(g) On-Site Compliance Review.— The director of the des-
ited State unit shall conduct on-site compliance review of centers
independent living. Each team that conducts on-site compliance
ew of centers for independent living shall include at least one
son who is not an employee of the designated State agency,
I has experience in the operation of centers for independent
ig, and who is jointly selected by the director of the designated
be unit and the chairperson of or other individual designated
the Council acting on behalf of and at the direction of the
incil. A copy of this review shall be provided to the
[imissioner.
“(h) Adverse Actions. — ^If tiie director of the desi^ated State
b proposes to take a significant adverse action against a center
Lndej^ndent living, the center mav seek mediation and concilia-
I to be provided By an individual or individuals who are free
xinflicts of interest identified by the chairperson of or other
vidual designated by the Council. If the issue is not resolved
>ugh the mediation and conciliation, the center may appeal
proposed adverse action to the Commissioner for a final decision.
D. 724. CENTERS OPERATED BY STATE AGENCIES.
“(a) Fiscal Year 1993.—
“(1) In general. — Notwithstanding section 702(1), if—
“(A) no nonprofit private agency —
‘^(i) suDmits an acceptable application to operate
a center for independent living for fiscal year 1993
before a date specined by the Commissioner; and
‘*(ii) obtains approval of the application under sec¬
tion 722 or 723; and
**(B) a State directly operated such a center in fiscal
year 1992 with funds provided under part B, as in effect
on the day before the date of enactment of the Rehabilita¬
tion Act Amendments of 1992,
the State may apply to the Commissioner for assistance imder
section 721(eX2) for the conduct, administration, and evaluation
of such a cenW.
“(2) Compliance. — ^A State that receives assistance with
respect to a center in accordance with paragraph (1) shall
ensure that the center shall comply with all of the i^uirements
of this part, other than the requirement that the center be
a private nonprofit agency.
“(b) Fiscal Year 1994 and Succeeding Fiscal Years.— A
be that receives assistance for fiscal year 1993 with respect
i center in accordance with subsection (a) may continue to
dve assistance imder tiiis part for fiscal year 1994 or a succeed-
fiscal year if, for such fiscal year —
“(1) no nonprofit private agency —
‘^(A) submits an acceptable application to operate a
center for independent living for fiscal year 1993 before
a date specified By the Commissioner; and
29 use 796f-3.
)6 STAT. 4462
PUBLIC LAW 102-569— OCT. 29, 1992
I use 796f-4.
**(3) obtains approval of the application under section
722 or 723; or
**(2) after funding all applications so submitted and
approved, the Commissioner determines that fimds remain
available to provide such assistance.
^C. 725. STANDARDS AND ASSURANCES FOR CENTERS FOR
INDEPENDENT LIVING.
“(a) In General. — ^Each center for independent living that
receives assistance imder this part shall comply with the standards
set out in subsection (b) and provide and comply with the assurances
set out in subsection (c) in order to ensure that all programs
and activities under this part are planned, conducted, administered,
and evaluated in a manner consistent with the purposes of this
chapter and the objective of providing assistance effectively and
efficiently.
“(b) Standards.—
“(1) PffiLOSOPHY. — ^The center shall promote and practice
the independent living philosophy of—
“(A) consumer control of the center regarding decision¬
making, service delivery, management, and establishment
of the policy and direction of the center;
“(B) self-help and self-advocacy;
“(C) development of peer relationships and peer role
models; and
“(D) equal access of individuals with severe disabilities
to society and to all services, programs, activities,
resources, and facilities, whether public or private and
regardless of the funding source.
“(2) Provision of services. — ^The center shall provide serv¬
ices to individuals with a range of severe disabilities. The
center shall provide services on a cross-disability basis (for
individuals with all different types of severe disabilities, includ¬
ing individuals with disabilities who are members of popu¬
lations that are unserved or underserved by programs under
this Act). Eligibility for services at any center for independent
living shall not be based on the presence of any one or more
specific severe disabilities.
“(3) Independent living goals.— The center shall facili¬
tate the development and achievement of independent living
goals selected by individuals with severe disabilities who seek
such assistance by the center.
“(4) COBilMUNiTY OPTIONS.— The Center shall work to
increase the availability and improve the quality of community
options for independent living in order to facilitate the develo]^
ment and achievement of independent living goals by individ¬
uals with severe disabilities.
“(6) Independent living core services.— The center shall
provide independent living core services and, as appropriate,
a combination of any other independent living services specified
in section 7(30XB).
“(6) Activities to increase community capacity.— The
center shall conduct activities to increase the capacity of
communities within the service area of the center to meet
the needs of individuals with severe disabilities.
PUBLIC LAW 102-569— OCT. 29, 1992
106 STAT. 4463
“(7) Resource development activities.— The center shall
conduct resource development activities to obtain funding from
sources other than this chapter.
*"(0) Assurances. — ^The eligible agency shall provide at such
i and in such manner as the Commissioner may require, such
ifactoiy assurances as the Commissioner may require, including
ifactoiy assurances that —
*"(1) the applicant is an eligible agency;
‘‘(2) the center will be designed and operated within local
communities by individuals with disabilities, including an
assurance that the center will have a Board that is the principal
^veming body of the center and a m£gority of which shall
be composed of individuals with severe disabilities;
*"(3) the applicant will comply with the standards set forth
in subsection (b);
‘‘(4) the applicant will establish clear priorities through
annual and S-year program and financial planning objectives
for the center, including overall goals or a mission for the
enter, a work plan for achieving the goals or mission, specific
objectives, service priorities, and types of services to be pro¬
vided, and a description that shall demonstrate how the pro¬
posed activities of me applicant are consistent with the most
ecent 3-year State plan under section 704;
“(5) the applicant will use sound organizational and person-
el assignment practices, including t^ng affirmative action
to employ and advance in employment qualified individuals
with severe disabilities on the same terms and conditions
required with respect to the employment of individuals with
disabilities under section 503;
**(6) the applicant will ensure that the majority of the
staff, and inmviduals in decisionmaking positions, of the
applicant are individuals with disabilities;
“(7) the applicant will practice sound fiscal management,
ncluding making arrangements for an annual independent fis¬
cal audit;
**(8) the applicant will conduct annual self-evaluations, pre¬
pare an annual report, and maintain records adequate to meas¬
ure performance with respect to the standards, containing
information regarding, at a minimum —
*‘(A) me extent to which the center is in compliance
with the standards;
*"(3) the number and types of individuals with severe
disabilities receiving services through the center;
*"(0) the t3rpes of services provided through the center
and the number of incUviduids with severe disabilities
receiving each type of service;
**(3) the sources and amounts of funding for the oper¬
ation of the center;
**(£) the number of individuals with severe disabilities
who are employed by, and the number who are m manage¬
ment and decisionmaldng positions in, the center; and
'"(F) a comparison, when appropriate, of the activities
of the center in prior years with the activities of the center
in the most recent year;
‘'(9) individuals with severe disabilities who are seeking
or receiving services at the center will be notified by the center
106 STAT. 4464
PUBLIC LAW 102-569— OCT. 29, 1992
Reports.
29 use 796f-5.
29 use 796f-6.
29 use 796 note.
of the existence of, the availability of, and how to contact,
the client assistance program;
**(10) aggressive outreach regarding services provided
through the center will be conducted in an effort to reach
populations of individuals with severe disabilities that are
imserved or underserved by programs under this title, espe¬
cially minority groups and urban and rural populations;
“(11) staif at centers for independent hving will receive
training on how to serve such unserved and underserved popu¬
lations, including minority groups and urban and rural
populations;
“(12) the center will submit to the Statewide Independent
Living (Council a copy of its approved grant application and
the annual report required imder para^aph (8);
“(13) the center will prepare and submit a report to the
designated State unit or the Commissioner, as the case may
be, at the end of each fiscal year that contains the information
described in paragraph (8) and information regarding the extent
to which the center is in compliance with me st^dards set
forth in subsection (b); and
“(14) an independent living plan described in section 704(e)
will be developed unless the individual who would receive serv¬
ices imder the plan signs a waiver stating that such a plan
is unnecessary.
“SEC. 726. DEFINITIONS.
“As used in this part, the term ‘eligible agency* means a
consumer-controlled, community-based, cross-disability, nonresi-
dential private nonprofit agency.
“SEC. 727. AUTHORIZATION OF APPROPRIATIONS.
“There are authorized to be appropriated to car^ out this
part such sums as may be necessary for each of the fiscal years
1993, 1994, 1995, 1996, and 1997.”.
SEC. 702. EFFECTIVE DATE.
(a) In General. — Except as provided in subsections (b) and
(c), this title and the amendment made by this title shall take
effect on the date of enactment of this Act.
(b) Centers for Independent Living.— The provisions of part
C of chapter 1 of title Vll of the Rehabilitation Aict of 1973 (as
added by section 701 of this Act), shall not apply with respect
to fiscal vear 1992 for programs receiving assistance under part
B of suen chapter, as in effect on the day before the date of
enactment of this Act. The provisions of such part B shall continue
to apply for such programs with respect to fiscal year 1992.
(c) State Plan. — ^The Secretary of Education shall implement
the provisions of section 704 of the Rehabilitation Act of 1973
(as amended by section 701 of this Act), as soon as is practicable
after the date of enactment of this Aict, consistent with the effective
and efficient administration of the Rehabilitation Act of 1973 (29
U.S.C. 701 et seq.), but not later than October 1, 1993.
SEC. 703. INDEPENDENT LIVING SERVICES FOR OLDER INDIVIDUALS
WHO ARE BUND.
(a) Services. — ^Title VII (29 U.S.C. 796 et seq.) is amended
by adding at the end the following:
**CI1APTER 2— INDEPENDENT LIVING SERVICES FOR
OLDER INDIVIDUALS WHO ARE BUND
}EC. 751. DEFINITION.
*Tor purposes of this chapter, the term *older individual who
I blind’ means an individual age 56 or older whose severe visual
npairment makes competitive employment extremely difficult to
btain but for whom independent living goals are feasible.
}EC. 752. PROGRAM OF GRANTS.
“(a) In General.—
“(1) Authority for grants. — Subject to subsections (b)
and (c), tile Commissioner may make grants to States for the
purpose of providing the services described in subsection (d)
to older individuals who are blind.
“(2) Designated state unit. — ^The Commissioner may not
make a grant under subsection (a) unless the State involved
agrees that the grant wiU be administered solely by the agency
described in section lOl(aXlXAXi).
“(b) Contingent Competitive Grants.— Begii^ng with fiscal
Bar 1994, in the case of any fiscal year for which the amount
ppropriated under section 753 is less than $13,000,000, grants
nder subsection (a) shsdl be discretionary grants made on a
)mpetitive basis to States.
“(c) Contingent Formula Grants.—
“(1) In general. — In the case of any fiscal year for which
the amount appropriated under section 753 is equal to or
greater than $13,000,000, grants under subsection (a) shall
be made only to States and shall be made only from allotments
imder paragraph (2).
“(2) Allotments. — ^For grants under subsection (a) for a
fiscal year described in paragraph (1), the Commissioner shall
make an cdlotment to each State in an amount determined
in accordance with subsection (j), and shall make a grant to
the State of the allotment made for the State if the State
submits to the Commissioner an application in accordance with
subsection (i).
“(d) Services Generally. — ^The Commissioner may not make
grant under subsection (a) unless the State involved agrees that
le grant will be expended only for purposes of—
“(1) providing independent living services to older individ¬
uals who are blind;
“(2) conducting activities that will improve or expand
services for such individuals; and
“(3) conducting activities to help improve public under¬
standing of the problems of such individuals.
“(e) Independent Living Services.— Independent living
jrvices for purposes of subsection (dXl) include —
“(1) services to help correct blindness, such as —
“(A) outreach services;
“(B) visual screening;
“(C) surgical or therapeutic treatment to prevent, cor¬
rect, or modify disabling eye conditions; and
“(D) hospitalization related to such services;
“(2) the provision of eyeglasses and other visual aids;
29 use 796j.
29 use 796k.
106 STAT. 4466
PUBLIC LAW 102-569— OCT. 29, 1992
Reports.
**(3) the provision of services and equipment to assist an
older individual who is blind to become more mobile and more
self-sufficient;
**(4) mobility training, Braille instruction, and other serv¬
ices and equipment to help an older individual who is blind
adjust to blindness;
**(5) guide services, reader services, and transportation;
“(6) any other appropriate service designed to assist an
older individual who is blind in coping with daily living activi¬
ties, including supportive services and rehabilitation teai^ng
services;
"(7) independent living skills training, information and
referral services, peer counseling, and individual advocacy
training; and
“(8) other independent living services, as defined in section
7(30).
“(f) Matching Funds.—
“(1) In general. — ^The Commissioner may not make a grant
under subsection (a) unless the State involved agrees, with
respect to the costs of the program to be carried out by the
State pursuant to such subsection, to make avaUable (directlv
or through donations from public or private entities) non-Fed-
eral contributions toward such costs in an amount that is
not less than $1 for each $9 of Federal funds provided in
the grant.
^(2) Determination of amount contributed.— Non-Fed-
eral contributions required in paragraph (1) may be in cash
or in kind, fairly evaluated, inclumng plant, equipment, or
services. Amounte provided by the Federal Clovemment, or
services assisted or subsidized to any significant extent by
the Federal (]k)vemment, may not be included in determining
the amount of such non-Federal contributions.
“(g) Certain Expenditures of Grants.— A State may expend
a grant under subsection (a) to carry out the purposes specified
in subsection (d) through grants to public and nonprofit private
agencies or organizations.
“(h) Requirement Regarding State Plan.— The Commis¬
sioner mav not make a grant under subsection (a) unless the
State involved agrees that, in carrying out subsection (dXl), the
State will seek to incorporate into the State plan under section
704 ^y new methods and approaches relating to independent living
services for older individuals who are blind.
“(i) Appucation for Grant.—
“(1) In general. — ^The Commissioner may not make a grant
under subsection (a) unless an application for the grant is
submitted to the Commissioner and the application is in such
form, is made in such manner, and contains such agreements,
assurances, and information as the Commissioner determines
to be necessary to cany out this section (including agreements,
assurances, and information with respect to any grants under
subsection (jX4)).
“(2) Contents. — ^An application for a grant under this sec¬
tion shall contain —
“(A) an assurance that the designated State unit
described in subsection (aX2) will prepare and submit to
the Commissioner a report, at the end of each fiscal year.
with respect to each project or program the designated
PUBLIC LAW 102-569— OCT. 29, 1992
106 STAT. 4467
State unit operates or administers under this section,
whether directly or through a grant or contract, which
report shall contain, at a minimum, information on —
*Xi) the number and types of older individuals who
are bl^d and are receiving services;
‘Xii) the types of services provided and the number
of older individuals who are blind and are receiving
each t3rpe of service;
“(iii) the sources and amounts of funding for the
operation of each project or program;
'"(iv) the amounts and percentages of resources
committed to each type of service provided;
*‘(v) data on actions taken to employ, and advance
in employment, qualified individuals with severe
disabilities, including older individuals who are blind;
and
“(vi) a comparison, if appropriate, of prior year
activities with the activities of the most recent year;
“(B) an assurance that the designated State unit will —
“(i) provide services that contribute to the mainte¬
nance of, or the increased independence of, older
individuals who are blind; and
“(ii) engage in —
“(I) capacity-building activities, including
collaboration with other agencies and organiza¬
tions;
“(II) activities to promote community aware¬
ness, involvement, and assistance; and
“(III) outreach efforts; and
“(C) an assurance that the application is consistent
with the State plan for providing independent living serv¬
ices required by section 704.
“(j) Amount of Formula Grant. —
“(1) In general. — Subject to the availability of appropria¬
tions, the amount of an allotment under subsection (a) for
a State for a fiscal year shall be the greater of— -
“(A) the amoimt determined imder paragraph (2); and
“(B) the amount determined under paragraph (3).
“(2) Minimum allotment.—
“(A) States. — ^In the case of the several States, the
District of Columbia, and the Commonwealth of Puerto
Rico, the amount referred to in subpar^aph (A) of para¬
graph (1) for a fiscal year is the greater o^
“(i) $226,000; and
“(ii) an amount equal to one-third of one percent
of the amount appropriated under section 753 for the
fiscal year and available for allotments under sub¬
section (a).
“(B) Certain territories.— In the case of Guam,
American Samoa, the United States Virgin Islands, the
Commonwealth of the Northern Mariana Islands, and the
Republic of Palau, the amount referred to in subparagraph
(A) of paragraph (1) for a fiscal year is $40,000, except
that the Republic of Palau may receive such aUotment
under this section only until the Compact of Free Associa¬
tion with Palau ta^es effect.
106 STAT. 4468
PUBLIC LAW 102-569— OCT. 29, 1992
Handicapped.
29 use 796/.
**(3) Formula. — The amount referred to in subparagraph
(B) of paragraph (1) for a State for a fiscal year is the p^uct
of—
*‘(A) the amount appropriated under section 753 and
available for allotments under subsection (a); and
*"(8) a percentage equal to the quotient of—
*‘(i) an amount equal to the number of individuals
residing in the State who are not less than 66 years
of age; divided by
''(ii) an amount equal to the number of individuals
residing m the United States who are not less than
65 years of age.
“(4) Disposition of certain amounts.—
*‘(A) Grants. — ^From the amounts specified in su^ara-
graph (B), the Commissioner may make grants to States
whose popiilation of older in(hviduals who are blind has
a substantial need for the services specified in subsection
(d) relative to the j^pulations in other States of older
individuals who are blind.
“(B) Amounts. — ^The amounts referred to in su^ara-
graph (A) are any amounts that are not paid to States
under subsection (a) as a result of—
“(i) the failure of any State to submit an applica¬
tion under subsection (i);
“(ii) the failure of any State to prepare within
a reasonable period of time such application in compli¬
ance with such subsection; or
“(iii) any State informing the Commissioner that
the State does not intend to expend the full amount
of the allotment made for the State under subsection
(a).
“(C) Conditions. — The Commissioner may not make
a grant under subparagraph (A) unless the State involved
agrees that the grant is subject to the same conditions
as grants made imder subsection (a).
‘^EC. 763. AUTHORIZATION OF APPROPRIATIONS.
“There are authorized to be appropriated to carry out this
chapter such sums as may be necessary for each of the fiscal
years 1993 through 1997.”.
(b) Technical Amendment.— The table of contents relating
to the Act is amended by striking the items relating to title VII
and inserting the following:
“TITLE vn— independent living services and centers for
independent living
“Chapter 1— Individuals With Severe Disabilities
“Part A— General Provisions
“Sec. 701. Punx>8e.
“Sec. 702. DefmitionB.
“Sec. 703. Eligibility for receipt of services.
“Sec. 704. State plan.
“Sec. 706. Statewifte Independent Living Council.
“Sec. 706. Responsibilities of the Commissioner.
“Part B— Independent Livino Services
“Sec. 711. Allotments.
“Sec. 712. Payments to States from allotments.
Sec. 713. Authorized uses of funds.
106 STAT. 4469
PUBLIC LAW 102-569~OCT. 29, 1992
"Sec. Authorization of appropriations.
“Part (3 — Centers for Independent Livino
"Sec. 721. Program authorization.
^ Federal
"Sec. 723. Grante to centers for indejMndent Uving in States in which State
funding equals or exceeds Federal fundi^.
"Sec. 724. Centers operated by State agencies.
“Sec. 726. Stwdards and assurances for centers for independent livinir.
"Sw. 726. Definitions. ^
"Sec. 727. Authorization of appropriations.
"Chapter 2— Independent Livino Services for Older Individuals Who Are
Bund
"Sec. 761. Definition.
"Sec. 762. Prop*am of grants.
"Sec. 763. Authorization of appropriations.*.
rrTLE VIII— SPECIAL DEMONSTRATIONS
AND TRAINING PROJECTS
SEC. 801. SPECIAL DEMONSTRATIONS AND TRAINING PROJECTS.
(a) In General. — The Act (29 U.S.C. 701 et seq.) is amended
yy adding at the end the following title:
^ITLE VIII— SPECIAL DEMONSTRA¬
TIONS AND TRAINING PROJECTS
‘SEC. 801. AUTHORIZATION OF APPROPRIATIONS.
“(a) Demonstration Projects.— There are authorized to be
appropriated to carry out section 802, such sums as may be nec-
»8sary for each of the fiscal years 1993 through 1997.
“(b) Training Initiatives. — There are authorized to be appro-
>riated to can^ out section 803, such sums as may be necessary
or each of the fiscal years 1993 through 1997.
S£C. 802. demonstration ACTTVITIES.
“(a) Transportation Services Grants.—
“(1) Grants. — ^The Commissioner shall make grwts to
States and to public or nonprofit agencies and organuations
for the purpose of providing transportation services to individ¬
uals with disabilities who —
“(AXi) are employed or seeking emplo^ent; or
“(ii) are receiving vocational rehaoilitation services
from public or private organizations; and
“(B) reside in geographic areas in which fixed route
public transportation or comparable paratransit service is
not available.
“(2) Use of grant. — ^The Commissioner may make a grant
under this subsection only if the applicant involved agrees
that transportation services under this subsection will be pro¬
vided on a regular and continuing basis between —
“(A) the home of the individual; and
“(B) the place of employment of the individual, the
place where tne individual is seeking employment, or the
place where the individual is receiving vocational
rehabilitation services.
29 use 797.
29 use 797a.
106 STAT. 4470
PUBLIC LAW 102-569— OCT. 29, 1992
Grants.
**(3) Charges. — ^The Commissioner may make a grant
under paragraph (1) only if the applicant involved agrees that,
m providing toansportation services imder this simsection —
‘XAT a chi^e for the transportation be imposed
on each employed eligible individual who uses the transpor¬
tation; and
**(3) the amount of the charge for an instance of use
of the transportation for the distance involved will be in
a fair and reasonable amount that is consistent with fees
for comparable services in comparable geographic areas.
**(4) Retort. — ^The Commissioner may m^e a grant imder
this subsection only if the applicant involved agrees to prepare
and submit to the Commissioner, not later than December
31 of the fiscal year following the fiscal year for which the
grant is made, a report containing —
*‘(A) a description of the goals of the program carried
out with the grant;
**(3) a description of the activities and services provided
under the program;
**(0 a description of the number of eligible individuals
served under the program;
**00) a description of methods used to ensure that the
program serves the eli|;ible individuals most in need of
die transportation services provided under the program;
and
**(£) such additional information as the Commissioner
may require.
**(5) Construction. — ^Nothing in this subsection may be
construed as limiting the righto or responsibilities of any
individual under any other provision of this Act, under the
Americans with Disabilities Act of 1990, or under any other
provision of law.
*‘(b) Projects To Achieve High Quality Placements.—
“(1) Special projects and demonstrations.— The
Commissioner shall make grants to public or nonprofit commu-
nito rehabilitation programs, designated State units, and other
public or nonprofit agencies and organizations to pay for the
cost of developing special projects and demonstrations related
to vocational rehabilitation outcomes. Such projects and dem¬
onstrations may include activities providing alternatives to case
closure practice and identii^ng and implementing appropriate
incentives to vocational rehabilitation counselors to achieve
high quality placements for iniUviduals with the most severe
disabiuties.
“(2) Certain requirements.— Each recipient of such a
grant shall —
“(A) identify, develop, and test exemplary models that
can be replicated; and
“(B) identify innovative methods, such as weighted case
closures, to evaluate the performance of vocational
rehabilitation counselors that in no way impede the accom¬
plishment of the purposes and policy of serving, among
others, those individuals with the most severe disabilities,
“(c) Early Intervention Demonstration Programs.—
“(1) Grants. — ^The Commissioner shall make grants to pub¬
lic or nonprofit agencies and organizations to car^ out dem¬
onstration programs designed to demonstrate the utility of early
PUBLIC LAW 102-569— OCT. 29, 1992
106 STAT. 4471
ntervention in furnishing vocational evaluation, training, and
»unselii^ services to working adults recently determined to
lave clmonic and pro^;ressive diseases that may be severely
lisabling, such as multiple sclerosis.
“(2) Grant actiyities. — In canying out a demonstration
irogram under paragraph (1), an eligime entity shall conduct
i program intended to demonstrate the effectiveness of such
»arly intervention in improving the job retention of the working
idults or in facilitating the entry of the working adults to
lew careers and employment. The demonstration pro^am shall
est a number of alternative service systems, including an
employer assistance program, a system involving early inter-
rention by State vocational rehabuitation agencies, and a pri-
rate nonprofit agency joint venture with an employer or State
rocationm rehabUitation agency.
(d) Transition Demonstration Projects.—
**(1) Grants. — ^The Commissioner may make grants to pub¬
ic or nonprofit agencies and organizations to i>ay part or all
>f the costs of special projects and demonstration projects to
lupport models for providing community-based, coordinated
services to facilitate tee transition of individuals with disabil-
ies from rehabilitation hospital or nursing home programs
>r comparable programs, to programs providing independent
iving services in the community, including services such as
lersonal assistance services, health maintenance services, coun-
leling, and social and vocational services.
*"(2) Application. — ^To be eligible to receive a grant under
his subsection, an agency or organization shall submit an
ipplication to the Commissioner at such time, in such manner,
ind containing such information as tee Commissioner may
'equire.
“(3) Evaluation. — ^An agency or organization teat receives
i grant under this subsection shall evaluate tee effectiveness
>f such models and prepare and submit to tee Commissioner
i report containing tee evaluation.
(e) Barriers to Successful Rehabilitation Outcomes for
>RITIES. — ^The Commissioner may award grants to public or
fit agencies and organizations —
“(1) to conduct a study to examine tee factors that have
reated barriers to successful rehabilitation outcomes for
dividuals with disabilities from mmority bacl^grounds, and
levelop and evaluate i^licy, research, and training strategies
or overcoming tee barriers;
**(2) to conduct a study to examine tee factors teat have
reated significant underrepresentation of individuals from
ninoritv backgrounds in the rehabilitation professions, includ-
ng such underrepresentation among researchers, and develop
md evaluate policy, research, and training strategies for over-
t>ming tee underrepresentation; and
‘‘(3) to conduct a study to examine the factors that have
seated barriers to success^ rehabilitation outcomes for
ndividuals with neurological or other related disorders, and
examine how tee hidden or episodic nature of tee disability
effects eligibility and tee provision of services.
■(f) Studies, Special Projects, and Demonstration Projects
ruDY Management and Servige Delivery. —
106 STAT. 4472
PUBLIC LAW 102-569— OCT. 29, 1992
**(1) Grants. — ^The Commissioner may make grants to pub¬
lic or nonprofit agencies and organizations to pay part or all
of the costs of conducting studies, special projects, or oemonstra-
tion projects relating to the management and service delivery
systems of the vocational rehabilitation programs authorized
under this Act.
“(2) Application. — ^To be eligible to receive a grant under
this subsection, an agency or organization shall submit an |
application to the Commissioner at such time, in such manner,
and containing such information as the Commissioner may
require.
“(g) Demonstration Projects To Increase Client Choice.—
“(1) GRAi<rrs. — ^The Commissioner may make grants to
States and public or nonprofit agencies and organizations to
pay all or part of the costs of projects to demonstrate ways
to increase client choice in the rehabilitation process, including
the selection of providers of vocational rehabilitation services.
“(2) Use of funds. — ^An entity that receives a grant under
this subsection shall use the grant only —
‘‘(A) for activities that are directly related to planning,
operating, and evaluating the demonstration proj^ts; and
*"(3) to sufmlement, and not supplant, funds made
available from Federal and non-Federal sources for such
projects.
“(3) Application. — ^Any eligible entity that desires to
receive a ^ant under this subsection shall submit an applica¬
tion at suw time, in such manner, and containing such informa¬
tion and assurances as the Commissioner may require,
including —
“(A) a description of —
‘‘(i) how the applicant intends to promote increased
client choice in the rehabilitation process, including
a description, if appropriate, of how an applicant will
determine the cost of any service or product offered
to an eligible client;
**(11) how the applicant intends to ensure that any
vocational rehabilitation service or related service is
provided by a qualified provider who is accredited or
meets such other quality assurance and cost-control
criteria as the State may establish; and
**(111) the outreach activities to be conducted by
the applicant to obtain eli^ble clients; and
*"(3) assurances that a written plan will be established
with the full participation of the client, which plan shall,
at a minimum, include —
*"(1) a statement of the vocational rehabilitation
goals to be achieved;
‘Xii) a statement of the specific vocational
rehabilitation services to be provided, the projected
dates for their initiation, and uie anticipated duration
of each such service; and
‘‘(iii) objective criteria, an evaluation procedure,
and a schedule, for determining whether such goals
are being achieved.
“(4) Award of grants. — In selecting entities to receive
grants under paragraph (1), the Commissioner shall take into
consideration the —
PUBLIC LAW 102-569— OCT. 29, 1992
106 STAT. 4473
‘‘(A) diversity of strategies used to increase client
choice, including selection among qualified service
providers;
**(5) geographic distribution of projects; and
“(C) diversity of clients to be served.
“(5) I^CORDS. — ^Entities that receive grants under para¬
graph (1) shall maintain such records as the Commissioner
may require and comply with any request from the Commis¬
sioner for such records.
“(6) Direct services. — ^At least 80 percent of the funds
awarded for any project under this subsection shall be used
for direct services, as specifically chosen by eligible clients.
“(7) Evaluation. — ^e Commissioner shall conduct an
evaluation of the demonstration projects with respect to the
services provided, clients served, client outcomes obtained,
implementation issues addressed, the cost effectiveness of the
project, and the effects of increased choice on clients and service
inoviders. The Commissioner may reserve funds for the evalua¬
tion for a fiscal year from the amounts appropriated to carry
out projects under this subsection for the fiscal year.
“(8) Definitions. — For the purposes of this subsection:
“(A) Direct services.— ^e term ‘direct services*
means vocational rehabilitation services, as described in
section 103(a).
“(B) Eligible client. — ^The term ‘eligible client* means
an in^vidual with a disability, as defined in section 7(8XA),
who is not currently receiving services under an individual¬
ized written rehabilitation program established through
a designated State unit.
“(h) National Commission on Rehabilitation Services.—
“(1) Estabushment.—
“(A) In general. — Subject to the availability of appro¬
priations, there is hereby established a National Commis¬
sion on l^habilitation Services (referred to in this section
as the ‘National (Commission*) for the purpose of studymg
the nature, quality, and adequacy of vocational rehabtiita-
tion, independent living, supported emplo3rment, research,
training, and other programs authorized under this Act,
and submitting to ^e President and to Congress rec¬
ommendations that will further the successful employment
outcomes, independence, and integration of individuals
with disabilities into the workplace and community.
“(B) Composition.—
“(i) Qualifications.— The National Commission
shall consist of 15 members who are recognized by
knowledge, experience, and education as mq)erts in
the field of renabilitation. At least a mcnority of the
members of the National Commission shall be individ¬
uals with disabilities representing a cross-section of
individuals with different types of disabilities.
“(ii) Appointment.— Members of the National
Commission shall be appointed as follows:
“(I) Presidential appointees.— Five members
shall 1^ appointed by the President, or, if the
President delegates &e authority to make the
appointment, by the Secretaiy of Education.
106 STAT. 4474
PUBLIC LAW 102-569— OCT. 29, 1992
“(II) Senate appointees.— Five members shall
be appointed by the president pro tenure of the
Senate, with the advice and approval of the Minor¬
ity Leader and Minority Leader of the Senate.
“(Ill) House of representatives appoint¬
ees. — ^Five members shall be appointed by the
Speyer of the House of Representatives with the
advice and approval of the Migonty Leader
and Minority Leader of the House of
Representatives.
“(C) Term. — ^Members shall be appointed for the life
of the National Commission.
“(D) Vacancies. — ^Any vacancy in the National
Commission shall not affect its powers, but shall be filled
in the same manner as the original appointment.
“(E) Chairperson.— The National Commission shall
select a Chairperson from among its members.
“(F) Meetings. — ^The National Commission shall meet
at the call of the Chairperson, but not less often than
four times each year.
“(G) Quorum. — Ten members of the National Commis¬
sion shall constitute a quorum.
“(H) Committees. — The Chairperson, upon approval
by the National Commission, ma^ establish such commit-
t^s as the Chairj^rson determines to be necessary to
fulfill the duties of the National Commission.
“(2) Duties. —
“(A) Studies and analyses.— The National Commis¬
sion shall conduct studies and analyses with resp^ to—
“(i) the effectiveness of vocational rehabilitation
and independent living services in enhancing the
emploj^ent outcomes of individuals with disabuities;
“(ii) the adequacy of research and training activi¬
ties in fostering innovative approaches that further
the emplojmient of individuals with disabilities;
“(iii) the capacity of supported emplo^ent and
independent living services m promoting the integra¬
tion of individuals with disabilities into the workplace
and community;
“(iv) methods for enhancing access to services
authorized under this Act by minorities who are
individuals with disabilities and individuals with
disabilities who are members of populations that have
traditionally been unserved or underserved by pro¬
grams under this Act that provide such vocational
rehabilitation services and independent living services;
“(v) means for enhancing interagency coordination
among Federal and State agencies to promote the maxi¬
mization of emplo3rment-related programs, services,
and benefits on oehalf of individuals with Usabilities;
and
“(vi) such other issues as the National Commission
may identify as relevant to promoting the employment,
independence, and integration of individuals with
disabilities.
“(B) Policy analyses. — ^The National Commission
shall conduct policy analyses to—
PUBLIC LAW 102-569— OCT. 29, 1992
106 STAT. 4475
**(1) develop options for improving fiscal equity in
the allotment of grants under section 110;
‘‘(ii) provide ^dance on implementing the order
of selection described in section 101(aX5XA); and
‘‘(iii) address the shortage of rehabilitation
professionals.
*(C) Reports.—
“(i) Interim report. — ^Not later than January 30,
1995, the National Commission shall prepare and issue
a comprehensive interim report to tne President, the
Committee on Education and Labor of the House of
Representatives, and the Committee on Labor and
Human Resources of the Senate, containing the results
of the studies and analyses described in subparagraphs
(A) and (B) and specinc recommendations for tunend-
ments to this Act needed to promote the provision
of comprehensive vocational rehabilitation and
independent living services on behalf of individuals
with disabilities.
“(u) Final report. — ^Not later than January 30,
1997, the National Commission shall prepare and issue
a comprehensive final report to the {Resident, the
Committee on Education and Labor of the House of
Representatives, and the Committee on Labor and
Human Resources of the Senate, containing the results
and recommendations described in clause (i).
“(3) Powers.—
“(A) Hearings. — ^The National Commission may hold
such hearings, sit and act at such times and places, take
such testimony, and receive such evidence as tne National
Commission determines to be necessary to carry out its
functions.
“(B) Information.—
“(i) Federal entities. — ^The National Commission
may secure directly from any Federal department or
agency such information (including statistics) as the
I^tional Commission considers necessary to cany out
the functions of the National Commission. Upon
request of the Chairperson of the National Commission,
the head of such department or agency shall furnish
such information to tne National Commission.
“(ii) Other entities. — ^The National Commission
may secure, directly or by contract or other means,
sucn additional information as the National Commis¬
sion determines to be necessary from universities,
research institutions, foundations. State and local
agencies, and other public or private agencies.
“(C) Consultation. — ^The National Commission is
authorized to consult with —
“(i) any organization representing individuals with
disabilities;
“(ii) public or private service providers;
“(iii) Federal, State, and local agencies;
“(iv) individual experts;
“(v) institutions of higher education involved in
the preparation of vocational rehabilitation services
personnel; and
FUBLIC LAW lUZ-5by— OCT. 1992
‘‘(vi) such other entities and persons as will aid
the National Commission in carrying out its duties.
“(4) Compensation and travel expenses.—
“(A) Compensation. — Each member of the National
Commission who is not an officer or full-time employee
of the Federal Government shall receive a payment of
$150 for each day (including travel time) during which
the member is engaged in Ime performance of duties for
the National Commission. Members of the National
Commission who are officers or full-time employees of the
United States shall serve witihout compensation in addition
to compensation received for their services as officers or
employees of the United States.
**(6) Travel expenses. — ^Each member of the National
Commission may receive travel expenses, including per
diem in lieu of subsistence, as authorized by section 5703
of title 5, United States Code, for employees serving inter¬
mittently in the Government service, for each dky the
member is engaged in the performance of duties away
from the home or regular place of business of the member.
“(5) Staff.—
“(A) Appointment.—
“(i) Staff director. — ^The Chairperson of the
National Commission may, without regard to provi¬
sions of title 5, United States Code, governing appoint¬
ments in the competitive service, appoint and
terminate a staff director of the National Commission.
The emplo3rment of the staff director shall be subject
to confirmation by the National Commission. The staff
director shall be appointed from among individuals
who are experienced in the planning, a£ninistration,
or operation of vocational rehabilitation and independ¬
ent living services or programs.
“(ii) Additional personnel.— The staff director
of tihe National Commission may, without regard to
provisions of title 5, United States Code, governing
appointments in the competitive service, appoint and
terminate such additional personnel as may be nec¬
essary, but not more than ten full-time equivalent
positions, to enable the National Commission to carry
out its duties.
“(B) Compensation. — ^The Chairperson of the National
Commission may fix tihe compensation of the staff director,
and ^e staff mrector may fix Uie compensation of the
additional personnel, without regard to the provisions of
chapter 51 amd subchapter III of chapter 53 of title 5,
United States Code, relating to classification and General
Schedule pay rates, except that the rate of pay for the
staff director and other personnel may not exceed the rate
of pay for level 4 of the Senior Executive Service Schedule
under section 5382 of title 5, United States Code.
“(6) Cooperation. — ^The heads of all Federal agencies are,
to the ei^nt not prohibited by law, directed to cooperate with
the National Commission in canying out its duties. The
National Commission may utilize the services, personnel,
information, and facilities of other Federal, State, local, and
PUBLIC LAW 102-569— OCT. 29, 1992
106 STAT. 4477
private agencies with or without reimbursement, upon the con¬
sent of the heads of such agencies.
“(7) Detail of government employees.— Any Federal
Government employee may be detailed to the National Commis¬
sion without reimbursement, and such detail shall be without
interruption or loss of civil service status or privilege.
“(8) Termination. — ^The National Commission shall termi¬
nate not later than 90 days following the submission of the
final report as described in paragraph (IXCXii).
“(i) Model Personal Assistance Services Systems.— The
nmissioner may award grants to public or nonprofit agencies
I organizations to estabhsh model personal assistance services
terns and other iimovative service programs to maximize Uie
inclusion and integration into society emplo3rment, independent
ng, and economic and social self-sumciency of individuals with
abilities.
“(j) Demonstration Projects To Upgrade Worker Skills.—
“(1) Grants. — Consistent with the purposes of section 621,
the Commissioner may make grants to partnerships or consor¬
tia that include private business concerns or industries to pay
for the Federal share of developing and canrying out mc^el
demonstration projects for workers with disabilities who need
new or upgraded skills to adapt to emerging technologies, work
methods, and markets and to ensure that such individuals
possess the knowledge and skills necessary to compete in the
workplace.
*"(2) Period. — Grants made under this subsection shall be
for 3-year periods.
“(3) Application. — ^Any partnership or consortia desiring
to receive a grant imder this subsection shall submit an applica¬
tion to the Commissioner at such time, in such manner, and
containing such information and assurances as the Commis¬
sioner may require, including —
‘‘(A) information identifying at least one member of
the partnership or consortium that is a private business
concern or industry; and
*"(5) assurances that —
‘‘(i) each member of the eligible partnership or
consortium will pay a portion of the non-Federal snare
of the cost of developing and carrying out the project;
**(11) the partnership or consortium will carry out
all of the activities described in subparagraphs (A)
through (E) of section 621(aX2);
the partnership or consortium will dissemi¬
nate information on the model program conducted;
^'(iv) the partnership or consortium will utilize,
if available, job skill standards established jointly by
management and labor to assist in evaluating the job
skills of an individual and assessing the slalls that
are needed for the individual to compete in the work¬
place;
‘‘(v) the partnership or consortium will prepare
and submit an evaluation report containing data speci¬
fied by the Commissioner at the end of each project
year; and
^^Cvi) the partnership or consortium will take such
steps as are necessary to continue the activities of
106 STAT. 4478
PUBLIC LAW 102-569— OCT. 29, 1992
29 use 797b.
the project after the period for which Federal assist¬
ance is sought.
*"(4) Definition. — ^For the purposes of this subsection, the
term Vorkers witib disabilities* shall mean individuals with
disabilities who are working in competitive employment and
who need new or upgraded skills to improve their employment
and cfureer advancement opportunities.
“(k) Model Systems Regarding Severe Disabilities.— The
Commissioner may award ^ants to public or nonprofit agencies
and organizations to establish model systems of comprehensive
service delivery to individuals with severe disabilities, other than
spinal cord injuries, requiring a multidisciplinary system of provid¬
ing vocational and other rehabilitation services, where the Commis¬
sioner determines that the development of such systems is needed.
‘^SEC. 803. TRAINING ACTIVITIES.
“(a) Distance Learning Through Telecommunications. —
“(1) Grants. — ^The Commissioner shall award at least three
grants to eligible institutions of higher education, to support
tile formation of regional partnerships with other pubuc or
private entities for the purpose of developing and implementing
in-service training programs, including certificate or de^ee
granting programs concerning vocational rehabilitation services
and related services, for vocational rehabilitation professionals
through the use of telecommunications.
“(2) Appucations.— Any eligible entity that desires to
receive a grant imder this subsection shall submit an applica¬
tion at such time, in such manner, and containing such informa¬
tion and assurances as the Commissioner may require,
including —
^'(A) a detailed explanation of how the applicant vnl]
utilize interactive audio, video, and computer technologies
between distant locations to provide in-service training pro¬
grams to tibe re^on;
*"(3) a description of how the applicant intends to utilize
and build upon existing telecommunications networkE
within the region to be served;
“(C) a copy of all agreements governing the divisior
of functions ivithin the partnership, including an assurance
that all States within the re^on ivill be served;
“(D) a copy of a binding commitment entered int(
between the partnership and each entity that is legall]
permitted to provide, and from which the partnership ii
to obtain, the telecommunications services and facilitiei
required for the project, that stipulates that if the partner
ship receives the grant the entity will provide such tele
communications services and facilities m the area to h
served ivithin a reasonable time and at a charge tha
is in accordance with State law;
*"(£) a description of the curriculum to be provided
frequency of providing service, and sites of service;
‘^(F) a description of the need to purchase or leane-
‘‘(i) computer hardware and software;
**(11) aucuo and video equipment;
‘‘(iii) telecommunications terminal equipment; o
‘‘(iv) interactive video equipment;
PUBLIC LAW 102-569— OCT. 29, 1992
106 STAT. 4479
**(0 an assurance that the partnership will use not
less tluui 75 ^rcent of the amount of the grant for instruc¬
tional curriculum development and programming; and
**(11) a description of the means by which the project
will be evaluated.
**(3) Award of grants. — ^In awarding grants under para¬
graph (1), the Commissioner shall take into consideration the
sparsity of State populations in the region to be served.
*"(4) Definitions. — For the purposes of this subsection:
“(A) Eligible entity. — ^The term ‘eli^ble entity* means
any institution of higher education with demonstrated
experience in the area of continuing education for voca¬
tional rehabilitation personnel.
“(B) Interactive video equipment.— The term ‘inter¬
active video equipment* means equipment used to produce
and prepare video and audio signals for transmission
between distant locations so that individuals at such loca¬
tions can see and hear each other, and related equipment.
“(C) Region. — ^The term ‘region* means one of the
ten regions served by the Rehabilitation Services
Administration.
“(D) Rehabilitation professionals.— The term
‘rehabilitation professionals’ means personnel described in
section 301(aXl).
“(b) Braille Training Projects.—
“(1) Establishment. — ^The Commissioner shall make
grants to and enter into contracts with States and public or
nonprofit agencies and organizations, including institutions of
hi^er education, to pay all or part of the cost of hraining
in the use of Braille for personnel providing vocational
rehabilitation services or educational services to youth and
adults who are blind.
“(2) Projects.— Such grants shall be used for the establish¬
ment or continuation of projects that may provide —
“(A) development of Braille training materials; and
“(B) in-service or pre-service training in the use of
Braille and methods of teaching Braille to youth and adults
who are blind.
“(3) Appucation. — ^To be eligible to receive a grant, or
enter into a contract, under paragraph (1), an agency or
organization shall submit an application to the Commissioner
at sudi time, in such manner, and containing such information
as the Commissioner may require.
“(c) Parent Information and Training Programs.—
“(1) Grants. — ^The Commissioner is authorized to make
grants through a separate competition to private nonprofit
oraanizations for the purpose of establishini^ programs to pro¬
vide training and information to enable individuals with disabil¬
ities, and the parents, family members, guardians, advocates,
or otiier authorized representatives of the individuals to partici¬
pate more effectively with professionals in meeting the voca¬
tional and rehabilitation needs of individuals with disabilities.
Such grants shall be designed to meet the unique training
and imormation needs of individuals with disabilities, and the
parents, family members, gum'dians, advocates, or other author¬
ized representatives of the individuals, who live in the area
to be served, particularly those who are members of populations
Grants.
Contracts.
106 STAT. 4480
PUBLIC LAW 102-569— OCT. 29, 1992
that have been unserved or underserved by programs under
this Act.
**(2) Use of grants. — ^An organization that receives a grant
to establish training and information pro^ams under this sub¬
section shall use the grant to assist uuUviduals with disabilities,
and the parents, family members, ^pnardians, advocates, or
authorizea representatives of the indi'vnduals to—
‘‘(A) better understand vocational rehabilitation and
programs and services;
followup support for transition and
employment programs;
**(0 communicate more effectively with transition and
rehabilitation personnel and other relevant professionals;
“(D) provide support in the development of tlie individ¬
ualized written rehabilitation program;
**(£) provide support and expertise in obtaining
information about rehabilitation and independent living
programs, services, and resources that are appropriate;
and
‘‘(F) understand the provisions of this Act, particularly
provisions relating to employment, supported employment,
and independent hving.
“(3) Award of grants. — ^The Commissioner shall ensure
that grants imder this subsection shall —
“(A) be distributed geographically to the greatest extent
possible throughout all States; and
“(B) be targeted to individuals with disabilities, and
the parents, family members, guardians, advocates, or
authorized representatives of the individuals, in both urban
and rural areas or on a State or regional basis.
“(4) Eligible organizations. — In order to receive a grant
under this subsection, a private nonprofit organization shall —
“(A) submit an application to the Commissioner at
such time, in such manner, and containing such informa¬
tion as the Commissioner may require, including informa¬
tion demonstrating the capacity and expertise of the
organization to—
“(i) coordinate and work closely with parent fram¬
ing and information centers established under section
631 of the Individuals with Disabilities Education Act
(20U.S.C. 1431);and
“(ii) effectively conduct the training and informa¬
tion activities authorized under this subsection;
“(BXi) be governed by a board of directors —
“(1) that includes professionals in the field of voca¬
tional rehabilitation; and
“(II) on which a rntgority of the members arc
individuals with disabilities or the parents, family
members, guardians, advocates, or authorized rep¬
resentatives of the individuals; or
“(iiXI) have a membership that represents the interestc
of individuals with disabilities; and
“(II) establish a special governing committee that meets
the requirements specified in subdauses (I) and (II) ol
clause (i) to operate a training and information program
under this subsection; and
independent living
“(B) provide
PUBLIC LAW 102-569— OCT. 29, 1992
106 STAT. 4481
**(€) serve individuals with a full range of disabilities,
and ^e parents, family members, gi^mans, advocates,
or authorized representatives of the individuals.
“(5) Consultation. — Each private nonprofit organization
candling out a pro^am receiving assistance under this sub¬
section shall consult with appropriate agencies that serve or
assist individuals with disaoilities, and the parents, family
members, gi:^dians, advocates, or authorized representatives
of the individuals, located in the jurisdiction served by the
program.
“(6) Coordination. — ^The Commissioner shall provide
coordination and technical assistance by grant or cooperative
agreement for establishing, developing, and coordinating the
training and information programs. To the extent practicable,
such assistance shall be provided by the parent training and
information centers established under section 631 of the
Individuals with Disabilities Education Act (20 U.S.C. 1431).
“(7) Review.—
“(A) Quarterly review.— The board of directors or
special governing committee of a nonprofit private organiza¬
tion receiving a grant under this subse^ion shall meet
at least once in each calendar quarter to review the training
and information program, and each such committee shall
directly advise the governing board regarding the views
and recommendations of the committee.
“(B) Review for grant renewal.— If a nonprofit pri¬
vate organization requests the renewal of a grant under
this subsection, the board of directors or the special govern¬
ing committee shall prepare and submit to the Commis¬
sioner a written review of the training and information
program conducted the nonprofit private organization
during the preceding nscal year.
“(d) Training ^garding Impartial Hearing Officers.— The
immissioner may award grants to public or nonprofit agencies
id organizations to provide training designed to provide impartial
saring officers with the skills necessary to fairly decide appeals
ider this Act.
“(e) Recruitment and Retention of Urban Personnel.—
le Commissioner may award grants to public or nonprofit agencies
id organizations to develop and demonstrate innovative methods
attract and retain professionals to serve in urban areas in the
habilitation of individuals with disabilities, including individuals
ith severe disabilities.
“(f) Certain Requirements. — ^The requirements of subsections
(except the first sentence), (b), and (c), of section 302, and
iragrapns (1) and (2) of subsection (g) of such section, shall apply
ith respect to grants made available under this section, other
an subsection (c). The requirements of section 306 shall apply
ifh respect to grants made available under this section.’’.
(b) Account. — ^There shall be established an account with a
stinct designated budget account identification code number in
e President’s budget, for activities under title VIII of the
^habilitation Act of 1973. Funding for such activities shall be
'^ailable only to such extent as is provided, or in such amounts
I are provided, in appropriations Acts. Such account shall be
parate and distinct from the accounts for all other activities
ider titles I through VII of such Act.
(c) Technical Amendment.— The table of contents relating
the Act is amended by adding at the end the following:
“TITLE Vra— SPECIAL DEMONSTRATIONS AND TRAINING PROJECTS
“Sec. 601. Authorization of appropriations.
“Sec. 602. Demonstration activities.
“Sec. 603. Training activities.”.
TITLE IX— AMENDMENTS TO OTHER
ACTS
Subtitle A — ^Helen Keller National Center
SEC. Ml. CONGBESSIONAL FINDINGS.
Section 202 of the Helen Keller National Center Act (29 U.S.C.
1901) is amended —
(1) in pEiragraph (2), by inserting the rapidly increasing
number of older persons many of whom Eire experiencing signifi>
cant losses of both vision and hearing,” after ‘‘1960^s”; and
(2) in paragraph (5), by striking “invested approximately
$10,0()0,000” and inserting “made a substantial investment .
SEC. 902. CONTINUED OPERATION OF CENTER.
Section 203 of the Helen Keller National Center Act (29 U.S.C.
1902) is amended —
(1) by striking subsection (a);
(2) by redesignating subsections (b) and (c) as subsections
(a) and (b), respectively;
(3) in subsection (a) (as so redesignated by paragraph (2)) —
(A) by striking “pursuant to section 313 of the
Rehabilitation Act of 1973” and inserting “prior to the
date of enactment of this Act”; and
(B) by striking “(c)” and inserting “(b)”; and
(4) in subsection (b) (as so redesignated by paragraph (2)) —
(A) by redesignating pEiragraphs (2) and (3) as para¬
graphs (3) and (4), respectively;
(B) by inserting after peiragraph (1) the following new
paragraph:
“(2) tram family members of individuals who are deaf-
blind at the Center or anywhere else in the United States,
in order to assist fanuly members in providing and obtaining
appropriate services for the individual who is deaf-blind;”.
SEC. 903. AUDIT, MONITORING, AND EVALUATION.
Section 204 of the Helen Keller National Center Act (29 U.S.C.
1903) is amended in subsection (a) by striking “at such time as
the Secretary shall prescribe” and inserting “within 15 days follow¬
ing the completion of the audit and acceptance of the audit by
the Center”.
SEC. 904. AUTHORIZATION OF APPROPRIATIONS.
Section 205 of the Helen Keller National Center Act (29 U.S.C.
1904) is amended in subsection (a) by striking “1987 through 1992”
and inserting “1993 through 1997”.
SEC. 905. DEFINITIONS.
Section 206 of the Helen Keller National Center Act (29 U.S.C.
1905) is amended —
(1) in paragraph (1), by striking “section 313 of the
Rehabilitation Ari or 1973 and continued under”; and
(2) in paragraph (2), to read as follows:
PUBLIC LAW 102-569— OCT. 29, 1992
106 STAT. 4483
“(2) the term ‘individual who is deaf-blind’ means any
idividual —
“(AXi) who has a central visual acuity of 20/200 or
less in the better eye with corrective lenses, or a field
defect such that the peripheral diameter of visual field
subtends an angular distance no |preater than 20 degrees,
or a prom'essive visual loss having a prognosis leading
to one or both these conditions;
“(ii) who has a chronic hearing impairment so severe
that most speech cannot be understood with optimum
amplification, or a progressive hearing loss having a
prognosis leading to this condition; and
“(iii) for whom the combination of impairments
described in clauses (i) and (ii) cause extreme difficulty
in attaining independence in daily life activities, achieving
psychosocim ac^ustment, or obtaining a vocation;
“(B) who despite the inabihty to be measured
accuratel^^ for hearing and vision loss due to cognitive
or behavioral constraints, or both, can be determined
through functional and performance assessment to have
severe hearing and visual disabilities that cause extreme
difficulty in attaining independence in daily life activities,
achieving psychosocial ac|justment, or obtaining vocational
objectives; or
“(C) meets such other requirements as the Secretary
may prescribe by regulation; and”.
)6. CONSTRUCTION OF ACT, EFFECT ON AGREEMENTS.
action 207 of the Helen Keller National Center Act (29 U.S.C.
is amended by striking “Industrial Home for the Blind, Incor-
id” and inserting “Helen Keller Services for the Blind, Incor-
d”.
)7. ESTABUSHMENT OF A PROGRAM.
le Helen Keller National Center Act (29 U.S.C. 1901 et seq.)
inded by adding at the end the following new section:
i08. HELEN KELLER NATIONAL CENTER FEDERAL ENDOWMENT
PROGRAM.
a) Establishment. — ^The Secretary and the Board of Directors
Helen Keller National Center are authorized to establish
slen Keller National Center Federal Endowment Fund (here-
this section referred to as the ‘Endowment Fund’) in accord-
vith the provisions of this section, to promote the financial
mdence of the Helen Keller National Center. The Secretary
Le Board may enter into such agreements as may be necessary
y out the purposes of this section.
b) Federal Payments. —
“(1) In general. — ^The Secretary shall make payments to
lO Endowment Fund from amoimts appropriated pursuant
subsection (h), consistent with the provisions of this section.
“(2) Amount op payment.— Subject to the availability of
>propriations, the Secretary shall make payments to the
cidowment Fimd in amounts equal to sums contributed to
e Endowment Fund from non-Federal sources (excluding
euisfers from other endowment funds of the Center),
j) Investments.—
“(1) In general. — The Center, in investing the Endovmient
ind corpus and income, shall exercise the judgment and care,
ider the prevailing circumstances, which a person of prudence.
Nomenclature.
29 use 1907.
STAT. 4484
PUBLIC LAW 102-569— OCT. 29, 1992
discretion, and intelligence would exercise in the management
of that person’s own business affairs.
"*(2) Limitations,—
“(A) Federally insured investments and other
INVESTMENTS. — ^The Endowment Fimd corpus and income
shall be invested in federally insured bank savings accounts
or comparable interest bearing accounts, certificates of
deposit, money market funds, mutual funds, obligations
of the United States, or other low-risk instruments and
securities in which a regulated insurance company may
invest under the laws of the State of New York.
“(B) Real estate. — ^The Endowment Fund corpus and
income may not be invested in real estate.
“(C) Conflict of interest.— The Endowment Fund
corpus or income may not be invested in instruments or
securities issued by an organization in which an executive
officer is a controlling shareholder, director, or owner
within the meaning of Federal securities laws and other
applicable laws.
“(D) Encumbrances.— The Center may not assign,
hypothecate, encumber, or create a lien on the Endowment
Fund corpus without specific written authorization of the
Secretary.
“(d) Withdrawals and Expenditures.—
“(1) In general. — ^For a 20-year period following the receipt
of a payment under this section, the Center shall not wdth^aw
or expend the Federal payment or matching contribution made
to the Endowment Fund corpus. On the expiration of such
period, the Center may use the Endowment Fund corpus plus
any of the Endowment Fund income for any purpose that
benefits individuals who are deaf-blind.
“(2) Operational and commercial expenses.—
“(A) In general. — ^The Helen Keller National Center
may writhdraw or expend the Endowment Fund income
for any expenses necessary for the operation of the Center,
includUng expenses of operations and maintenance,
administration, academic and support personnel, construc¬
tion and renovation, community and client services pro¬
grams, technical assistance, and research.
“(B) Limitation.— The Center may not withdraw or
expend the Endowment Fund income for any commercial
purpose.
*^(3) Limitations and waiver of limitations.—
“(A) In general.— Except as provided in subparagraph
(B), the Center shall not withdraw or expend more than
50 percent of the total aggregate Endowrment Fund income
earned prior to ttie time of withdrawal or expenditure.
“(B) Exception. — The Secretary may permit the Cen¬
ter to withdraw or expend more than 50 percent of its
total aggregate endowment income where the Center
demonstrates to the Secretaiys satisfaction that such with¬
drawal or expenditure is necessary because of—
“(i) a financial emergency, such as a pending insol¬
vency or temporsiry liquidity problem;
“(ii) a life-threatening situation occasioned by a
natural disaster or arson; or
PUBLIC LAW 102-569— OCT. 29, 1992
106 STAT. 4485
“(iii) another unusual occurrence or exigent
circumstance. ®
(e) Reporting Requirements. —
“(1) Financial records.— The Helen Keller National Cen-
er shall keep accurate financial records relating to the oper-
tion of the Endowment Fund.
“(2) Audit and report.—
“(A) Audit. — ^The Center shall arrange for the conduct
of an annual financial and compliance aucht of the Endow-
ment Fimd in the manner prescribed by the Secretary
pursuant to section 204(a) (29 U.S.C. 1903(a)).
“(B) Report. — -The (Center shall submit a copy of the
report on the audit required under subparagraph (A) to
the Secretary within 16 days after completion of the audit
and acceptance of the audit by the Center.
“(3) Annual report.— Not later than 60 days after the
nd of each fiscal year, the Center shall provide to the Secretary
n annual report on the uses of funds provided by the Federal
ndowment program authorized under this section. Such report
hall contain such information, and be in such form as the
Secretary may require.
(f) Recovery of Payments.— After notice and an opportunity
hearing, the Secretary is authorized to recover any Federm
tents made under this section if the Helen Keller National
jr —
“(1) makes a withdbrawal or expenditure from the Endow-
aent Fund corous or income which is not consistent with
e provisions of this section;
“(2) fails to comply with the investment standards and
imitations under this section; or
“(3) fails to account properly to the Secretary concerning
he investment of or expenditures from the Endowment Fimd
orpus or income.
(g) Definitions. — ^For the purposes of this section:
“(1) Endowment fund. — ^The term ‘endowment fund’
eans a fund, or a tax-exempt foundation, established and
aintained by the Helen Keller National Center for the purpose
>f generating income for the support of the Center.
“(2) Endowment fund corpus.— The term “Endowment
^und corpus’ means an amount equal to the Federal pa3anents
nade to the Endowment Fund and amounts contributed to
he Endowment Fund from non-Federal sources.
“(3) Endowment fund income.— The term “Endowment
^und income’ means an amount equal to the total market
^alue of the Endowment Fund minus the Endowment Fimd
K)rpus.
‘(h) Authorization of Appropriations.— There are authorized
i appropriated to carry out this section, such sums as may
ecessary for each of the fiscal years 1993 through 1997. Such
i shall remain available vintil expended.”.
908. technical AND CONFORMING AMENDMENTS.
;a) Deaf-Blind Individuals.— Paragraphs (1) through (4) of
n 202, and section 203(bX3) (as so redesignated by paragraphs
nd (4XA) of section 902), of the Helen Keller National Center
29 U.S.C. 1901 and 1902(bX3)) are amended by striking “deaf-
106 STAT. 4486
PUBLIC LAW 102-569— OCT. 29, 1992
Nomenclature.
Nomenclature.
blind individuals’* each place the term appears and inserting
“individuals who me deaf-blind”.
(b) Deaf-Blind Individual.— Section 203(bXl) of such Act (29
U.S.C. 1902(bXl)) (as so redesignated by section 902(2)) is amended
by striking “deaf-blind individual” and inserting “individual who
is deaf-blind”.
(c) Deaf-Blind Youths and Adults.—
(1) Sections 202(4), 203(a) (as so redesignated by section
902(2)), and 206(1) of such Act (29 U.S.C. 1901(4), 1902(a),
and 1905(1)) are amended by strildng “Deaf-Blind Youths and
Adults” each place the term appears and inserting *Touths
and Adults who are Deaf-Blind”.
(2) Section 203 of such Act (29 U.S.C. 1902) is amended
in the section heading by striking “deaf-blind youths AND
ADULTS” and inserting “youths and adults who are deap-
blind”.
Subtitle B — Other Programs
SEC. 911. committee FOR PURCHASE FROM PEOPLE WHO ARE BLIND
OR SEVERELY DISABLED.
(a) Wagner-ODay Act. — Section 1 of the Act entitled “An
Act to Create a Committee on Purchases of Blind-made Products,
and for other pur^ses”, approved June 25, 1938 (commonly known
as the Wa^er-ODay Act; 41 U.S.C. 46) is amended by striking
“from the Blind and Other Severely Handicapped” and inserting
“From People Who Are Blind and Severely Disabled”.
(b) Small Business Act.— Section 16(cXl)(A) of the Small Busi¬
ness Act (15 U.S.C. 644(cXlXA)) is amended by striking “from
the Blind and Other Severely Handicapped” and inserting “From
People Who Are Blind or Severely Disabled”.
SEC. 912. individuals WITH DISABHJTIES EDUCATION ACT.
(a) Training or Retraining. — Section 631(a) of the Individuals
with Disabilities Education Act (20 U.S.C. 1431(a)) is amended
by adding at the end thereof the following new pmagrmh:
“(8) In making grants under paragraph (1), the l^cretary may
provide for the training or retraining of regular education teachers
who are involved in providing; instruction to individuals who are
deaf, but who are not certifi^ as teachers of such individuals,
to meet the communications needs of such individuals.”.
(b) Notice.—
(1) In general. — Within 90 days after the date of enact¬
ment of this Act, the Secretary of Education shall issue a
Notice of Inquiry concerning the definition of the term “serious
emotional disturbance” as used in the Individuals with Disabil¬
ities Education Act.
(2) Public comment. — ^The Secretary of Education shall
provide a public comment period of at least 90 days and shall
request and consideiv-
(A) comments from the public on the need to revise
the definition of the term in the regulations implementing
such Act; and
(B) comments from the public on whether the term
as used in such Act should be changed and on whether
the substitution of the term “emotional and behavioral
PUBLIC LAW 102-569— OCT. 29, 1992
106 STAT. 4487
disorderB** would be appropriate, or whether some other
term should be used.
(3) Definition. — ^The Notice of Inquiiy shall contain the
following proposed definition for use in the regulations
implementing such Act:
‘‘(1) As used in section 602(aXl) of the Individuals with
Disabilities Education Act (20 U.S.C. 1401(a)(1)):
*‘(A) The term ‘serious emotional disturbance’ means
a disability that is —
“(i) characterized by behavioral or emotional
response in school programs so different from appro¬
priate age, cultural, or ethnic norms that the responses
adverse^ affect educational performance, including
academic, social, vocational or personal skills;
‘Xii) more than a temporary, expected response
to stressful events in the environment;
“(iii) consistently exhibited in two different set¬
tings, at least one of which is school-related; and
“(iv) unresponsive to direct intervention aj^plied
in general education, or the condition of a cmid is
such that general education interventions would be
insufficient.
“(B) The term includes such a disability that co-exists
with other disabilities.
“(C) The term includes a schizophrenic disorder^ affec¬
tive disorder, anxiety disorder, or other sustained disorder
of conduct or ad(]ustment, affecting a child, if the disorder
affects educational performance as described m paragraph
(1).
“(2) The term ‘seriously emotionally disturbed’ means, with
respect to a child, that the child has a serious emotional
disturbance.”.
(4) Report. — The Secretarv shall, within 10 months after
the date of enactment of this Act, prepare a report containing
a summary of the public comments described in paraOTapn
(2XB) received as a result of the Notice of Inquiry, and rec¬
ommendations concerning whetJier such Act should be amend¬
ed. The report shall be submitted to the appropriate committees
of Congress, including the Subcommittee on Select Education
of the Committee on Education and Labor of the House of
Representatives, and the Subcommittee on Disability Policy
of the Committee on Labor and Human Resources of the Senate.
. 913. TECHNOLOGY-RELATED ASSISTANCE FOR INDIVIDUALS
WITH DISABILITIES ACT OF 1988.
The Technology-Related Assistance for Individuals With
ibilities Act of 1988 is amended —
(1) in section 221(aXl) (29 U.S.C. 2261(aXl)), by striking
“nonprofit or for-profit entities” and inserting “public or private
agencies and organizations, including institutions of higher
education,”;
(2) in section 222(a) (29 U.S.C. 2262(a)), by striking “non¬
profit and for-profit entities” and inserting “public or private
agencies and organizations, including institutions of higher edu¬
cation,”; and
(3) in section 231(a) (29 U.S.C. 2252(a)), by striking “non¬
profit and for-profit entities” and inserting “public or private
29 use 2261.
106 STAT. 4488
PUBLIC LAW 102-569— OCT. 29, 1992
agencies and organizations, including institutions of higher
education,”.
SEC. 914. PRESmENTS COMMITTEE ON EMPLOYMENT OF PEOPLE
WITH DISABILITIES.
The Joint Resolution entitled ‘‘Joint Resolution authorizing an
^propriation for the work of the President’s Committee on National
Employ the Physiadly Handicapped Week”, approved July 11, 1949
(36 U.S.C. 155a) is amended —
(1) by striking ‘liandicapped persons” and inserting “per¬
sons with disabilities”;
(2) by striking “the handicapped” and inserting “such
persons”;
(3) by striking “for each of the fiscal years 1987, 1988,
1989, 1990, and 1991,” and inserting “for each of the fiscal
years 1993, 1994, 1996, 1996, and 1997,”; and
(4) by striking “The President’s Committee on Employinent
of the Handicapped shall be ^ded by the general policies
of the National CoundLon the Handicapped.”.
Approved October 29, 1992.
LEGISLATIVE HISTORY— H.R. 5482 (S. 3065):
HOUSE REPORTS: Nos. 102-822 (Comm, on Education and Labor) and 102-973
(Comm, of Conference).
SENATE REPORTS: No. 102-357 accomp£m3dng S. 3065 (Comm, on Labor and Human
Resources).
CONGRESSIONAL RECORD, Vol. 138 (1992):
Aug. 10, considered smd passed House.
Aug. 11, S. 3065 considered and passed Senate.
Aug. 12, H.R. 5482 considered and passed Senate, amended.
Oct. 2, House agreed to conference report.
Oct. 5, Senate agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 28 (1992):
Oct. 29, Presidential statement.
PUBLIC LAW 102-570— OCT. 29, 1992
106 STAT. 4489
Public Law 102-570
102d Congress
An Act
To authorize the Secretary of the Interior to construct and operate an interpretive
center for the Ridgefield National Wildlife Refuge in Clark County, Washin^n.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. INTERPRETIVE CENTER FOR THE RIDGEFIELD NATIONAL
WILDLIFE REFUGE.
(a) Findings. — ^The Congress finds the following:
(1) The Ridgefield National Wildlife Rei^ge (in this Act
referred to as the ^Hefuge”), located on the Columbia River
in southwest Washington, provides unique opportunities for
observing and inteipreting the biological richness of the lower
Columbia River wetlands.
(2) The Refuge is also rich in the cultural history of the
Pacific Northwest, including being the site of a large Native
American settlement which was visited by the 1804 Lewis
and Clark Expedition and other early explorers.
(3) The Refuge is located in close proximity to the Portland/
Vancouver metropolitan area and to the Interstate 5 freeway,
which carries millions of visitors past the Refuge to Mount
St. Helens, Mount Hood, the Columbia River Gorge, wilderness
areas, and other natiiral attractions.
(4) The Refuge is ideally suited to be a regional center
for interpretation, research, and education related to wetland
ecology, wildlife, the environmental sciences, and Northwest
cultural history.
(5) There are unique opportunities for the Federal Cxovem-
ment to engage in cost-sharing with local. State, and private
partners to construct, operate, and maintain a regional interpre¬
tive center at the Refine.
(b) Authority To Construct and Operate Interpretive
Center. —
(1) In general. — ^The Secret^ of the Interior may, subject
to the availability of appropriations, construct and operate an
interpretive center at the mdgefield National Wildlife Refuge
in Clark County, Washington, for the following purposes:
(A) Plnviding public opportunities, facilities, and
resources to study natural history. Native American cul¬
ture, and the history of Northwest settlers in the region
of the Refine.
(B) Offering a variety of environmental educational
programs and interpretive exhibits.
(C) Fostering an awareness and imderstanding of the
interactions among wildlife, wetland ecosystems, and
human activities.
(D) Providing office space and facihties for Ref^e
administration, research, education, and related activities
Oct. 29, 1992
[H.R. 5809]
Conservation.
16 use 668d
note.
106 STAT. 4490
PUBLIC LAW 102-570— OCT. 29, 1992
(2) Design. — ^The Secretary of the Interior shall ensiire
that tiie^ design, size, and location of any facilities for an
interpretive center constructed under this section are consistent
with the cultural and natural history of the area with which
the interpretive center will be concerned.
(c) Cost Sharing. — The Secretary of the Interior may accept
contributions of funds from non-Federal sources to pay the costs
of constructing, operating, and maintaining an interpretive center
under this section, and shall take appropriate steps to seek to
obtain such contributions.
(d) Public Process. — ^Not later than 1 year after the date
of the enactment of this Act, the Director of the United States
Fish and Wildlife Service shall engage in a public process to
determine —
(1) the design of an interpretive center to be constructed
under this section;
(2) opportunities for obtaining contributions of funds for
the interpretive center;
(3) tne costs of constructing, operati^, and maintaining,
the interpretive center and associated facilities; and
(4) the functions of the interpretive center, with an empha¬
sis on educational functions.
(e) Report. — Not later than 1 year after the date of the enact¬
ment of this Act, the Secretary of the Interior shall submit a
report to the Congress on progress made in designing and construct¬
ing an interpretive center under this section, on including steps
taken under subsection (c) to obtain contributions and any such
contributions that have been pledged to or received by the United
States.
SEC. 2. ADDITIONAL MEMBERS OF TASK FORCE.
Section 4 of the Klamath River Basin Fishery Resoiirces Res¬
toration Act (16 U.S.C. 460ss-3) is amended by adding at the
end the following:
*'(}) At such time as the program is expanded to include portions
of the Klamath River upstream from the Iron Gate dam, member¬
ship on the Task Force shall be increased to include the following —
“(1) One individual who shall be appointed by the Commis¬
sioners of Klamath County, Oregon.
*'(2) A representative of the Klamath Tribe, who shall be
appointed by the governing body of the Tribe.”.
Approved October 29, 1992.
LEGISLATIVE HISTORY-H.R. 5809:
HOUSE REPORTS: No. 102-928 (Comm, on Merchant Marine and Fisheries).
CONGRESSIONAL RECORD, Vol. 138 (1992):
Sept. 29, considered and passed House.
Oct. 7, considered and passed Senate.
PUBLIC LAW 102-571— OCT. 29, 1992
106 STAT. 4491
iblic Law 102-571
2d Congress
An Act
unend the Federal Food, Drug, and Cosmetic Act to authorize human drug
•plication, prescription drug establishment, and prescription drug product fees
•d for other purposes.
Be it enacted by the Senate and House of Representatives of
United States of America in Congress assembled,
TITLE I— USER FEES
1. 101. SHORT TITLE AND REFERENCE.
(a) Short Title. — ^This title may be cited as the “Prescription
ig User Fee Act of 1992”.
(b) Reference. — ^Whenever in this title an amendment or
eal is expressed in terms of an amendment to, or repeal of,
ection or other provision, the reference shall be considered to
made to a section or other provision of the Federal Food, Drug,
i Cosmetic Act.
!. 102. FINDINGS.
The Congress finds that —
(1) prompt approval of safe and effective new dru^s is
critical to the improvement of the public health so that patients
mav enjoy the benefits provided by these therapies to treat
and prevent illness and disease;
(2) the public health will be served by making additional
funds available for the purpose of augmenting the resources
of the Food and Drug Administration that are devoted to the
process for review of human drug applications; and
(3) the fees authorized by this title will be dedicated toward
expediting the review of human drug applications as set forth
in the goals identified in the letters of September 14, 1992,
and September 21, 1992, from the Commissioner of Food and
Drugs to the Chairman of the Energy and Commerce Committee
of the House of Representatives and the Chairman of the Labor
and Human Resources Committee of the Senate, as set forth
at 138 Cong. Rec. H9099-H9100 (daily ed. September 22, 1992).
;. 103. FEES RELATING TO DRUGS.
Chapter VII, as amended by section 106, is amended by adding
he end of subchapter C the following:
“PART 2— FEES RELATING TO DRUGS
C. 735. DEFINITIONS.
“For puTMses of this subchapter:
‘XD ^e term ‘human drug application’ means an applica¬
tion for —
Oct. 29, 1992
[H.R. 6181]
Prescription
Drug User
Fee Act of
1992.
21 use 301
note.
21 use 379g
note.
21 use 379g.
106 STAT. 4492
PUBLIC LAW 102-571— OCT. 29, 1992
“(A) approval of a new drug submitted under section
505(bXl),
“(B) approval of a new drug submitted under section
505(bX2) after September 30, 1992, which requests
approval of—
“(i) a molecular entity which is an active ingredient
(including any salt or ester of an active ingredient),
or
“(ii) an indication for a use,
that had not been approved imder an application submitted
under section 505(b),
“(C) initial certification or initial approval of an anti¬
biotic drug under section 507, or
“(D) licensure of a biological product under section
351 of the Public Health Service Act.
Such term does not include a supplement to such an application,
does not include an application with respect to whole blood
or a blood component for transfusion, does not include an
application with respect to a bovine blood product for topical
application licensed before September 1, 1992, an allergenic
extract product, or an in vitro diamostic biologic product
licensed under section 351 of the Public Health Service Act,
and does not include an application with respect to a large
volume parenteral drug product approved before September
1, 1992.
“(2) The term ‘supplement’ means a request to the Secretary
to approve a change in a human drug application which has
been approved.
“(3) The term ‘prescription drug product’ means a specific
strength or potency of a drug in final dosage form —
“(A) for which a human drug application has been
approved, and
“(B) which may be dispensed only under prescription
pursuant to section 503(b).
Such term does not include whole blood or a blood component
for transfusion, does not include a bovine blood product for
topical application licensed before September 1, 1992, an aller¬
genic extract product, or an in vitro ^agnostic biologic product
licensed under section 351 of the PubUc Health Service Act,
and does not include a large volume parenteral drug product
approved before September 1, 1992.
“(4) The term ‘final dosage form’ means, with respect to
a prescription drug product, a finished dosage form which is
approved for administration to a patient without further manu¬
facturing.
“(5) The term ‘prescription drug establishment’ means a
foreign or domestic place of business which is —
“(A) at one general physical location consisting of one
or more buildings all of which are within 5 miles of each
other, at which one or more prescription drug products
are manufactured in final dosage form, and
“(B) under the management of a person that is listed
as the applicant in a human drug application for a prescrip¬
tion drug product with respect to at least one such product.
For purposes of this paragraph, the term ‘manufactured’ does
not include packaging.
PUBLIC LAW 102-571— OCT. 29, 1992
106 STAT. 4493
“(6) The term ‘process for the review of human drug applica¬
tions* means the following activities of the Secretary with
respect to the review of human drug applications and supple¬
ments:
“(A) The activities necessary for the review of human
drug applications and supplements.
“(B) The issuance of action letters which approve
human drug applications or which set forth in detail the
specific deficiencies in such applications and, where appro¬
priate, the actions necessary to place such applications
in condition for approval.
“(C) The inspection of prescription drug establishments
and other facilities undertaken as part of the Secretar/s
review of pending human drug applications and supple¬
ments.
“(D) Activities necessary for the review of applications
for licensure of establishments subject to section 351 of
the Public Health Service Act and for the release of lots
of biologies under such section.
“(E) Monitoring of research conducted in connection
with the review of human drug applications.
“(7) The term ‘costs of resources allocated for the process
for the review of human drug applications’ means the expenses
incurred in connection with the process for the review of human
drug applications for —
“(A) officers and employees of the Food and Drug
Administration, employees under contract with the Food
and Drug Administration who work in facilities owned
or leased for the Food and Drug Administration, advisory
committees, and costs related to such officers, employees,
and committees,
“(B) management of information, and the acquisition,
maintenance, and repair of computer resources,
“(C) leasing, maintenance, renovation, and repair of
facilities and acquisition, maintenance, and repair of fix¬
tures, furniture, scientific equipment, and other necessary
materials and supplies, and
“(D) collecting fees under section 736 and accounting
for resources allocated for the review of human drug
applications and supplements.
“(8) The term ‘adjustment factor* applicable to a fiscal
year is the lower of —
“(A) the Consumer Price Index for all urban consumers
(all items; United States city average) for August of the
preceding fiscal year divided by such Index for August
1992, or
“(B) the total of discretionary budget authority pro¬
vided for programs in the domestic category for the imme¬
diately preceding fiscal year (as reported in the Office
of Management and Budget sequestration preview report,
if available, required under section 254(d) of the Balanced
Budget and Emergency Deficit Control Act of 1985) divided
by such budget authority for fiscal year 1992 (as reported
in the Office of Management and Budget final sequestration
report submitted after the end of the 102d Congress, 2d
Session).
106 STAT. 4494
PUBLIC LAW 102-571— OCT. 29, 1992
21 use 379h.
The terms ^budget authority and ‘category* in subparagraph
(B) are as defined in the Balanced Budget and Emergency
Deficit Control Act of 1985, as in effect as of September 1,
1992.
**SEC. 736. AUTHORITY TO ASSESS AND USE DRUG FEES.
“(a) Types of Fees. — ^Beginnin^ in fiscal year 1993, the Sec¬
retary shall assess and collect fees in accordance with this section
as foUows:
“(1) Human drug application and supplement fee. —
“(A) In general. — ^Each person that submits, on or
after September 1, 1992, a human drug application or
a supplement shall be subject to a fee as follows:
“(i) A fee establisned in subsection (b) for a human
drug application for which clinical data (other than
bioavailability or bioequivalence studies) with respect
to safety or effectiveness are required for approval.
“(ii) A fee established in subsection (b) for a human
drug application for which clinical date with respect
to safety or effectiveness are not required or a supple¬
ment for which clinical data (other than bioavailability
or bioequivalence studies) with respect to safety or
effectiveness are required.
“(B) Payment schedule. —
“(i) First payment.— 50 percent of the fee reqjuired
by subparagraph (A) shall be due upon submission
of the application or supplement.
“(ii) Final payment. — ^The remaining 50 percent
of the fee required by subparagraph (A) shall be due
upon —
“(I) the expiration of 30 days from the date
the Secretary sends to the applicant a letter des¬
ignated by the Secretary as an action letter
described in section 735(6)(B), or
“(II) the withdrawal of the application or
su];>plement after it is filed unless the Secretary
waives the fee or a portion of the fee because
no substantial work was performed on such
application or supplement after it was filed.
The aesignation under subclause (I) or the waiver
under subclause (II) shall be solely in the discretion
of the Secretary and shall not be reviewable.
“(C) Exception for previously filed application or
supplement. — ^If a human drug application or sujmlement
was submitted by a person that paid the fee for such
application or supplement, was accepted for filing, and
was not approved or was withdrawn (without a waiver),
the submission of a human drug application or a supple¬
ment for the same product by the same person (or the
person’s licensee, assignee, or successor) shall not be subject
to a fee imder subparagraph (A).
“(D) Refund of fee if application not accepted
FOR FILING. — ^The Secretary shall refund 50 percent of the
fee paid under subparagraph (BXi) for any application or
supplement which is not accepted for filing.
“(2) Prescription drug establishment fee.— Each person
that —
PUBLIC LAW 102-571— OCT. 29, 1992
106 STAT. 4495
“(A) owns a prescription drug establishment, at which
is manufactured at least 1 prescription drug product which
is not the, or not the same as a, product approved under
an application filed under section 505(b)(2) or 505(j), and
“(B) after September 1, 1992, had pending before the
Secretary a human drug application or supplement,
shall be subject to the annual fee established in subsection
(b) for each such establishment, payable on or before January
31 of each year.
“(3) Prescription drug product fee.—
“(A) In general. — ^Except as provided in subparagraph
(B), each person —
“(i) who is named as the applicant in a human
dhug application for a prescription drug product which
is listed under section 510, and
“(ii) who, after September 1, 1992, had pending
before the Secretary a human drug application or
supplement,
shall pay for each such prescription drug product the
annual me established in subsection (b). Such fee shall
be payable at the time of the first such listing of such
product in each calendar year. Such fee shall be paid only
once each year for each listed prescription drug product
irrespective of the number of times such product is listed
under section 510.
“(B) Exception. — ^The listing of a prescription drug
product under section 510 shall not require the person
who listed such product to pay the fee prescribed by
subparagraph (A) if such product is the same product as
a product approved under an application filed under section
505(b)(2) or 505(j).
“(b) Fee Amounts.—
“(1) Schedule. — Except as provided in paragraph (2) and
subsections (c), (d), (f), and (g), the fees required under sub¬
section (a) shall be paid in accordance with the following
schedule:
Fiscal Year
1993
Fiscal Year
1994
Fiscal Year
1995
Fiscal Year
1996
Fiscal Year
1997
; application fee:
Subsection
(aXlXAXi) fee .
Subsection
(aXlXAXii) fee .
Pee revenue .
$100,000
$50,000
$12,000,000
$160,000
$75,000
$18,000,000
$208,000
$104,000
$25,000,000
$217,000
$108,000
$26,000,000
$233,000
$116,000
$28,000,000
lal establiahment
Pee per estab¬
lishment .
Pee revenue .
$60,000
$12,000,000
$88,000
$18,000,000
$126,000
$25,000,000
$131,000
$26,000,000
$138,000
$28,000,000
lal product fee:
Pee per product .
Pee revenue .
$6,000
$12,000,000
$9,000
$18,000,000
$12,500
$25,000,000
$13,000
$26,000,000
$14,000
$28,000,000
1 fee revenues .
$36,000,000
$54,000,000
$75,000,000
$78,000,000
$84,000,000
“(2) Small business exception.— Any business which has
fewer than 500 employees, including employees of affiliates,
and which does not have a prescription drug product introduced
106 STAT. 4496
PUBLIC LAW 102-571— OCT. 29, 1992
Federal
Register,
publication.
or delivered for introduction into interstate commerce shall
pay one-half the amount of the fee for human drug applications
it submits and shall p^ the entire amount of the fee for
supplements it submits. Such a business shall not be required
to pay any portion of any fee required under subsection (aXlXA)
until 1 year after the date of the submission of the application
involved. For purposes of this paragraph, one business is an
affiliate of another business when, directly or indirectly, one
business controls, or has the power to control, the other busi¬
ness or a third party controls, or has the power to control,
both businesses.
“(c) Increases and Adjustments.—
“(1) Revenue increase.— The total fee revenues estab¬
lished 1^ the schedule in subsection (b)(1) shall be increased
by the Secretary by notice, published in the Federal Register,
for a fiscal year to reflect the greater of —
“(A) the total percentage increase that occurred during
the preceding fiscal year in the Consumer Price Index
for all urban consumers (all items; U.S. city average), or
“(B) the total percentage increase for such fiscal year
in basic pay under the General Schedule in accordance
with section 5332 of title 5, United States Code, as adljusted
by any locality-based comparability pa5rment pursuant to
section 5304 of such title for Federal employees stationed
in the District of Columbia.
“(2) Annual fee adjustment. — Subject to the amount
appropriated for a fiscal year under subsection (g), the Secretary
shall, within 60 days after the end of each fiscal year beginning
after October 1, 1992, adjust the fees established by the sched¬
ule in subsection (bXD for the following fiscal year to achieve
the total fee revenues, as may be increased under paragraph
(1). Such fees shall be adiusted under this paragraph to main¬
tain the proportions established in such schedule.
“(3) Limit. — ^The total amount of fees charged, as adjusted
under paragraph (2), for a fiscal year may not exceed the
total costs for such fiscal year for the resources allocated for
the process for the review of human drug applications.
“(d) Fee Waiver or Reduction.— The Secretary shall grant
a waiver from or a reduction of 1 or more fees under subsection
(a) where the Secretary finds that —
“(1) such waiver or reduction is necessary to protect the
public health,
“(2) the assessment of the fee would present a significant
barrier to innovation because of limited resources available
to such person or other circumstances,
“(3) the fees to be paid by such person will exceed the
anticipated present and future costs incurred by the Secretary
in conducting the process for the review of human drug applica¬
tions for such person, or
“(4) assessment of the fee for an application or a supple¬
ment filed under section 505(b)(1) pertaining to a drug contmn-
ing an active ingredient would be inequitable because an
application for a product containing the same active ingredient
filed by another person under section 505(bX2) could not be
assessed fees under subsection (aXl)>
In making the finding in paragraph (3), the Secretary may use
standard costs.
PUBLIC LAW 102-571— OCT. 29, 1992
106 STAT. 4497
“(e) Effect of Failure To Pay Fees. — ^A human drug applica-
1 or supplement submitted by a person subject to fees under
^section (a) shidl be considered incomplete and shall not be
epted for filing by the Secretary until all fees owed by such
son have been paid.
“(£) Assessment of Fees.—
*‘(1) Limitation. — ^Fees may not be assessed under sub¬
section (a) for a fiscal year beginning after fiscal year 1993
unless appropriations for salaries and expenses of the Food
and Drug Ac^nistration for such fiscal year (excluding the
amount of fees appropriated for such fiscal year) are equal
to or greater than tne amount of ^propriations for the salaries
and expenses of the Food and Drug Administration for the
fiscal year 1992 multiplied by the adjustment factor applicable
to the fiscal year involved.
“(2) Authority. — ^If the Secretary does not assess fees
under subsection (a) during any portion of a fiscal year because
of paragraph U) and if at a later date in such fiscal year
the Secrete^ may assess such fees, the Secretary may assess
and collect such fees, without any modification in the rate,
for human drug applications ana supplements, prescription
drug establishments, and prescription drug products at any
time in such fiscal year notwithstmding the provisions of sub¬
section (a) relating to the date fees are to be paid.
“(g) Crediting and Availability of Fees.—
“(1) In general. — ^Fees collected for a fiscal year pursuant
to subsection (a) shall be credited to the appropriation account
for salaries and expenses of the Food and Drug Administration
and shall be available in accordance with appropriation Acts
until expended without fiscal year limitation.
“(2) Collections and appropriation acts.— The fees
authorized by this section —
‘*(A) shall be collected in each fiscal year in an amount
equal to the amount specified in appropriation Acts for
such fiscal year, and
“(B) shall only be collected and available to defray
increases in the costs of the resources allocated for the
process for the review of human drug applications (includ¬
ing increases in such costs for an additional number of
fim-time equivalent positions in the Department of Health
and Human Services to be engaged in such process) over
such costs for fiscal year 1992 multiplied by the ad(justment
factor.
“(3) Authorization of appropriations.— There are
authorized to be appropriated for fees under this section —
“(A) $36,00(},0()0 for fiscal year 1993,
“(B) $54,()()0,()()0 for fiscal year 1994,
“(C) |76,000,000 for fiscal year 1995,
“(D) £78,000, 060 for fiscal year 1996, and
“(E) $^,000,000 for fiscal year 1997,
as a4justed to reflect increases in the total fee revenues made
under subsection (cXl).
“(h) Collection of Unpaid Fees. — ^In any case where the
iretary does not receive payment of a fee assessed under sub-
tion (a) within 30 days aner it is due, such fee shall be treated
a claim of the United States Government subject to subchapter
>f chapter 37 of title 31, United States Code.
106 STAT. 4498
PUBLIC LAW 102-571~OCT. 29, 1992
21 use 379g
note.
21 use 379g
note.
21 use 379a,
376.
21 use 376,
379e.
“(i) Construction. — This section may not be construed to
require that the number of full-time equivalent positions in the
Department of Health and Human Services, for officers, employers,
and advisory committees not engaged in the process of the review
of human drug applications, be i^uced to offset the number of
officers, employees, and advisory committees so engaged.”.
SEC. 104. ANNUAL REPORTS.
(a) First Report. — ^Within 60 days after the end of each fiscal
year during which fees are collected under part 2 of subchapter
C of chapter VII of the Federal Food, Drug, and Cosmetic Act,
the Secretary of Health and Human Services shall submit a report
stating the Food and Drug Administration’s progress in achieving
the goals identified in section 102(3) of this Act during such fiscsd
year and that agency’s future plans for meeting such goals.
(b) Second Report. — ^Within 120 days after the end of each
fiscal year during which such fees are collected, the Secretary
of He^th and Human Services shall submit a report on the
implementation of the authority for such fees during such fiscal
year and on the use the Food and Drug Administration made
of the fees collected during such fiscal year for which the report
is made.
(c) Committees. — ^The reports described in subsections (a) and
(b) shall be submitted to the Committee on Energy and Commerce
of the House of Representatives and the Committee on Labor and
Human Resources of the Senate.
SEC. 106. sunset.
The amendments made by section 103 shall not be in effect
after October 1, 1997 and section 104 shall not be in effect after
120 days after such date.
SEC. 106. CONFORMING AMENDMENTS TO CHAPTER VII
Chapter VII is amended —
(1) by striking out in the chapter heading “ADMINISTRA¬
TIVE PROVISIONS” and inserting in lieu thereof “AUTHOR¬
ITY”,
(2) by inserting before the section heading for section 701
the following:
“Subchapter A— General Administrative Provisions”,
(3) by redesignating section 702A (21 U.S.C. 372a) as sec¬
tion 706 and by inserting it after section 705 (21 U.S.C. 375)
and by redesignating section 712 (21 U.S.C. 379d) as section
711.
(4) by moving section 706 (21 U.S.C 376), as in effect
on the date of the enactment of this Act, to the end of chapter
VII, by redesignating the section as section 721, and by insert¬
ing before the section heading for the section the following:
“Subchapter B — Colors”,
(5) by inserting after section 721 (as so redesignated) the
following:
PUBLIC LAW 102-571— OCT. 29, 1992
“Subchapter C— Fees
106 STAT. 4499
“PART 1— FREEDOM OF INFORMATION FEES^
and
(6) by inserting section 711 (21 U.S.C. 379c), as in effect
on the date of the enactment of this Act, after the heading
for part 1 of subchapter C and redesignating it as section
731.
SEC. 107. GENERAL CONFORMING AMENDMENTS.
To conform the Federal Food, Drug, and Cosmetic Act, to the
amendments made to that Act by section 106(4), the following
conforming amendments are made:
(1) Section 201(u) (21 U.S.C. 321(u)) is amended by striking
out “706” and inserting in lieu thereof “721”.
(2) Section 301(iXl) (21 U.S.C. 331(iXl)) is amended by
striking out “706” and inserting in lieu thereof “721”.
(3) Section 301(j) (21 U.S.C. 331(j)) is amended by striking
out “706” and inserting in lieu thereof “721”.
(4) Section 402(c) (21 U.S.C. 342(c)) is amended by striking
out “706” and inserting in lieu thereof “721”.
(5) Section 403(i) (21 U.S.C. 343(i)) is amended by striking
out “706” and inserting in lieu thereof “721”.
(6) Section 403(m) (21 U.S.C. 343(m)) is amended by strik¬
ing out “706” and inserting in lieu thereof “721”.
(7) Section 408(g) (21 U.S.C. 346a(g)) is amended by strik¬
ing out “706” and inserting in lieu thereof “721”.
(8) Section 501(aX4) (21 U.S.C 351(aX4)) is amended by
striking out “706” each place it occurs and inserting in lieu
thereof “721”.
(9) Section 502(m) (21 U.S.C. 352(m)) is amended by strik¬
ing out “706” and inserting in lieu thereof “721”.
(10) Section 520(g)(2XA) (21 U.S.C. 360j(gX2XA)) is amend¬
ed by striking out “706” and by inserting in lieu thereof “721”.
(11) Section 601(e) (21 U.S.C. 361(e)) is amended by strik¬
ing out “706” and inserting in lieu thereof “721”.
(12) Section 602(e) (21 U.S.C. 362(e)) is amended by strik¬
ing out “706” and inserting in heu thereof “721”.
(13) Section 4(g)(2XD) of the Poultry Products Inspection
Act (21 U.S.C. 453(gX2XD)) is amended by striking out “706”
and inserting in lieu thereof “721”.
(14) Section l(mX2XD) of the Federal Meat Inspection Act
(21 U.S.C. 601(mX2)(D)) is amended by striking out “706” and
inserting in lieu thereof “721”.
(15) Section 4(aX2XD) of the Egg Products Inspection Act
(21 U.S.C. i033(aX2XD)) is amended by striking out “706”
and inserting in lieu thereof “721”.
(16) Section 10(b) of the Nutrition Labeling and Education
Act of 1990 (21 U.S.C. 343 note) is amended —
(A) in paragraph (2>—
(i) by striking “(1) 24” and inserting “(A) 24”; and
(ii) by strikmg “(2) action” and inserting “(B)
action”;
(B) by indenting, and aligning the margins of, para¬
graph (2) so as to align with paragraph (1); and
21 use 379c,
379f.
21 use 343-1
note.
106 STAT. 4500
PUBLIC LAW 102-571— OCT. 29, 1992
21 use 379g
note.
(C) by indenting, and aligning the margins of, subpara¬
graphs (A) and (B) of paragraph (2) (as so designated
by subpara^aph (A)) so as to ali^ with the subparagraphs
of paragrapn (1).
(17) Section 10(cX2XA) of the Nutrition Labeling and Edu¬
cation Act of 1990 (21 U.S.C. 343 note) (as amended by section
1 of the Act entitled ‘^An Act to make Technical Amendments
to the Nutrition Information and Labeling Act, and for other
purposes”, approved August 17, 1991 (Public Law 102-108;
105 Stat. 549) is amended by striking “706” and inserting
“721”.
SEC. 108. ANIMAL DRUG USER FEE STUDY.
(a) Study. — ^The Secretary, in consultation with manufacturers
of animal drug products and other interested persons, shall under¬
take a study to evaluate whether, and under what conditions,
to impose user fees to supplement appropriated funds in order
to improve the process of reviewing applications (including abbre¬
viated and supplemental applications) for new animal drugs under
section 512 of the Federal Food, Drug, and Cosmetic Act. The
study shall include —
(1) an assessment of the overall review process for animal
drugs at the Center for Veterinary Medicine, including the
number of applications received, and the average times for
interim and final decisions on each type of application,
(2) the current allocation of funds to the animal drug
review process,
(3) recommendations for goals for decision making times
on applications submitted to the Center for Veterinary Medicine
and for additional resources required to meet the goals, and
(4) recommendations for supplementing the resources for
the animal drug review process tnrough user fees.
(b) Completion. — ^The results of the study required by sub¬
section (a) shall be presented no later than January 4, 1994, to
the Committee on Energy and Commerce of the House of Represent¬
atives and the Committee on Labor and Human Resources of the
Senate.
Dietary
Supplement
Act of 1992.
21 use 301
note.
21 use 343
note.
TITLE II— DIETARY SUPPLEMENTS
SEC. 201. SHORT TITLE.
This title may be cited as the “Dietary Supplement Act of
1992”.
SEC. 202. PROHIBITION.
(a) In General.—
(1) Prohibition on implementation.— Notwithstanding
any other provision of law and except as provided in subsection
(b) and in the amendment made by paragraph (2XA), the Sec¬
retary of Health and Human Services may not implement the
Nutrition Labeling and Education Act of 1990 (Public Law
101-535; 104 Stat. 2353), or any amendment made by such
Act, earlier than December 15, 1993, with respect to dietary
supplements of vitamins, minerals, herbs, or other similar
nutritional substances.
(2) Federal regulatory action.—
PUBLIC LAW 102-571— OCT. 29, 1992
106 STAT. 4501
(A) Proposed regulations.— The first sentence of sec¬
tion 2(bXl), and the first sentence of section 30bXl)(A),
of the Nutrition Labeling and Education Act of 1990 (21
U.S.C. 343 note) are each amended by inserting before
the period the following: except that the Secretary shall
issue, not later than June 15, 1993, proposed regulations
that are applicable to dietary supplements of vitamins,
minerals, nerbs, or other similar nutritional substances
to implement such section”.
(B) Final regulations.—
(i) Issuance of final regulations.— The second
sentence of section 2(bXl), and section 3(bXl)(B), of
the Nutrition Labeling and Education Act of 1990 (21
U.S.C. 343 note) are each amended by inserting before
the period the following: except that the Secretary
shall issue, not later than December 31, 1993, such
a final relation applicable to dietary supplements
of vitamins, minerals, herbs, or other similar nutri¬
tional substances.”.
(ii) Regulations considered to be final.— The
first sentence of section 2(b)(2), and the first sentence
of section 3(b)(2), of the Nutrition Labeling and Edu¬
cation Act of 1990 (21 U.S.C. 343 note) are each amend¬
ed by inserting before the period the following: “, except
that the proposed relations applicable to dietary
supplements of vitamins, minerals, herbs, or other
similar nutritional substances shall not be considered
to be final regulations until December 31, 1993”.
(C) Construction. — ^The amendments made by
subparagraph (B) shall not be construed to modify the
effective date of final regulations under sections 2(b) and
3(b) of the Nutrition Labeling and Education Act of 1990
(21 U.S.C. 343 note) with respect to foods that are not
such dietary supplements.
(3) State action. — Section 10(a)(1)(C) of the Nutrition
Labeling and Education Act of 1990 (21 U.S.C. 343 note) is
amended by inserting before the comma the following: “, except
that such amendments shall take effect with respect to such
dietary supplements on December 31, 1993”.
(4) Preemption. — Section 10(b) of the Nutrition Labeling
and Education Act of 1990 (21 U.S.C. 343 note) is amended
by adding at the end the following:
“(3) Requirements pertaining to certain claims.— Not¬
withstanding subparagraphs (D) and (E) of paragraph (1) and
except with respect to claims approved in accordance with
section 202(b) of the Dietary Supplement Act of 1992, the
requirements described in paragraphs (4) and (5) of section
403A(a) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
343-l(a) (4) and (5)) that pertain to dietary supplements of
vitamins, minerals, herbs, or other similar nutritional sub¬
stances shall not take effect until the date final regulations
take effect to implement subsection (q) or (r), as appropriate,
of section 403 of such Act with respect to such dietary supple¬
ments.”.
(b) Health Claims. — ^Notwithstanding section 403(rX5)(D) of
the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 343(rX5)(D))
and subsection (a), the Secretary of Health and Human Services
21 use 343
note.
21 use 343-1
note.
21 use 343
note.
106 STAT. 4502
PUBLIC LAW 102-571— OCT. 29, 1992
21 use 343
note.
21 use 393
note.
may, earlier than December 15, 1993, approve claims made with
respect to dietary supplements of vitamins, minerals, herbs, or
other similar nutritional substances that are claims described in
clauses (vi) and (x) of section 3(bXlXA) of the Nutrition Labeling
and Education Act of 1990 (21 U.S.C. 343 note).
SEC. 203. UNITED STATES RECOMMENDED DAILY ALLOWANCES.
Notwithstanding any other provision of Federal law, no regula¬
tions that require the use of, or are based upon, recommended
daily allowances of vitamins or minerals may be promulgated before
November 8, 1993 (other than relations establishing the United
States recommended daily allowances specified at section
101.9(cX7Xiv) of title 21, Code of Federal Relations, as in effect
on October 6, 1992, or regulations under section 403(rXlXA) of
the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 343(r)(l)(A))
that are based on such recommended daily allowances).
SEC. 204. ENFORCEMENT REPORT.
(a) Contents. — ^The Secretary of Health and Human Services
shall prepare a report containing a statement of the enforcement
priorities and practices of the Food and Drug Administration under
section 409 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
348) with respect to dietary supplements of vitamins, minerals,
herbs, or other similar nutritional substances.
(b) Report. — ^Not later than 30 days after the date of enactment
of tMs Act, the Secretary of Health and Human Services shall
submit the report described in subsection (a) to the Committee
on Energy and Commerce of the House of Representatives and
the Committee on Labor and Human Resources of the Senate.
SEC. 205. MANAGEMENT ACTIVITIES STUDY.
(a) Study. — ^The Comptroller General shall conduct a study
of the management of activities of the Food and Dru|^ Administra¬
tion that are related to dietary supplements of vitamins, minerals,
herbs, or other similar nutritional substances.
(b) Contents. — ^In conducting the study, the Comptroller Gen¬
eral shall examine, with respect to such activities —
(1) the means by which the Food and Drug Administration
makes a determination that a substance poses a risk to public
health and safety that justifies the expenditure of resources
by the agency;
(2) the means by which the Food and Drug Administration
makes a determination that a substance is adulterated, mis¬
branded, or improperly manufactured;
(3) the means by which the Food and Drug Administration
makes a determination relating to the quantitative manage¬
ment of the agency response to specific issues, in order to
adjust the effo^ of the agency to be commensurate with the
severity of the problem addressed by the agency;
(4) the approach by which the Food and Drug Administra¬
tion determines the adequacy of proof related to the risk posed
by, or the safety of, a substance, and the adequacy of such
approach; and
(5) the relationship between —
(AXi) the number of hours devoted by Food and Drug
Administration personnel, and the expertise of such person¬
nel, in conducting such activities;
(ii) the cost of conducting such activities; and
PUBLIC LAW 102-571— OCT. 29, 1992
106 STAT. 4503
(iii) the cost to manufacturers of such supplements
to achieve compliance with such activities; and
(BXi) the level of risk suspected to be posed by such
supplements; and
(ii) the level of risk determined to be posed by such
supplements.
(c) Approach. — ^In conducting the study, the Comptroller Gen-
sViflll analyze the current practices of the Food and Drug
linistration and the practices of the agency within the 5 years
r to the date of enactment of this Act.
(d) Analysis.— In conducting the study, the Comptroller Gen-
shall —
(1) determine the relative proportion of resources devoted
to Food and Drug Administration regulatory and enforcement
activities that are related to —
(A) dietsury supplements of vitamins, minerals, herbs,
or other similar nutritional substances;
(B) food additives that are not such dietary supple¬
ments;
(C) foods that are not such dietary supplements;
(D) drugs that are not such dietary supplements, and
devices; or
(E) cosmetics; and
(2) determine, with respect to such supplements, with
respect to food additives, and with respect to foods, the propor¬
tion of the resources devoted to such regulatory and enforce¬
ment activities that are used to —
(A) determine whether a substance is misbranded;
(B) determine whether an improper manufacturing
practice occurred during the manufacturing of a substance;
(C) determine whether a substance is imsafe; and
(D) determine whether a substance is adulterated or
otherwise in violation of the Federal Food, Drug, and Cos¬
metic Act (other than by making a determination described
in subparagraph (A), (B), or (C)).
(e) Reports.—
(1) Interim report. —
(A) In general. — ^Not later than 6 months after the
date of enactment of this Act, the Comptroller General
shall prepare and submit to the Committee on Enerpr
and Commerce of the House of Representatives and the
Committee on Labor and Human Resources of the Senate
an interim report containing the findings resulting from
the study and the recommendations described in siibpara-
graph (B).
(B) Recommendations. — Such report shall include the
recommendations of the Comptroller General for adminis¬
trative reform, including recommendations regarding
opportunities for encouraging economy and efficiency
thmugh the appropriate targeting of problems, managing
resources appropriately, and making adequate determina¬
tions of risk or safety, in carrying out activities related
to such supplements.
(2) Final report. —
(A) In general. — Not later than 12 months after the
date of enactment of this Act, the Comptroller General
sVtfill o-M/l ai<iVvwik'«4' 4*/\ 4*Vva nr\ 1^TlPT*crv
4504
PUBLIC LAW 102-571— OCT. 29, 1992
and Commerce of the House of Representatives and the
Committee on Labor and Human Resources of the Senate
a final report containing the findings resulting fi'om the
study and the recommendations described in subparagraph
(B).
(B) Recommendations. — Such report shall contain the
recommendations described in paragraph (1)(B).
SEC. 206. SAFETY AND REGULATORY OUTCOMES STUDY.
(a) Safety Study. — ^The Director of the Office of Technology
Assessment, in cooperation with the Congressional Research Service
and subject to the approval of the Technology Assessment Board,
shall conduct a study of the relationship between —
(1) regulatory systems affecting the development and sale
of dietary supplements of vitamins, minerals, herbs, or other
similar nutritional substances; and
(2) health outcomes.
(b) Contents. —
(1) In general. — In carrying out the study, the Director
of the Office of Technology Assessment shall examine the efforts
of industrialized nations (including the United States) to regu¬
late the manufacture and sale of such dietaiy supplements
and the effect of the regulatory efforts on hiunan health.
(2) Information. — The study shall include information
regard^g —
(A) whether and how other countries regulate products
that are regulated as such dietary supplements in the
United States;
(B) the classification systems used in regulating such
Products, such as systems that classify such supplements
y safety, function, source, usage, dose, or other character¬
istics;
(C) the effect of the classification on the regulation
of the supplements;
(D) now safety concerns, including safety concerns at
the time of manufacture and sale of the product are
addressed by the regulatory process;
(E) how deception concerns (including misbranding)
are addressed by the regulatory process; and
(F) the labeling requirements, if any, for the sale of
the products.
(3) Analysis. — The study shall also examine —
(A) whether there are disparate rates of morbidity
and mortality associated with the consumption of such
dietary supplements among nations;
(B) whether particular regulatory systems may be asso¬
ciated with lower morbidity and mortality rates; and
(C) whether a causal relationship may be demonstrated
between the regulatory system used and the health out¬
comes of the populations affected.
PUBUC LAW 102-571— OCT. 29, 1992
106 STAT. 4505
(c) Report. — ^The Director of the Office of Technology Assess-
nt shall, not later than 6 months after the date on which the
dy is approved by the Technology Assessment Board, submit
*eport containing the findings ofme study to the Committee
Energy and Commerce of the House of Representatives and
I Committee on Labor and Human Resources of the Senate.
Approved October 29, 1992.
GISLATIVE HISTORY-H.R. 6181:
NGRESSIONAL RECORD, Vol. 138 (1992):
Oct. 5, considered and passed House.
Oct. 7, considered and passed Senate.
Public Law 102-572
102d Congress
An Act
Oct. 29, 1992
[S. 1569]
Federal
Courts
Administration
Act of 1992.
28 use 1
note.
12 use 1904
note.
To implement the recommendations of the Federal Courts Study Committee, and
for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the “Federal Courts Administration
Act of 1992”.
TITLE I— IMPLEMENTATION OF FED¬
ERAL COURTS STUDY COMMITTEE
RECOMMENDATIONS
SEC. 101. SUPREME COURT AUTHORITY TO PRESCRIBE RULES FOR
APPEAL OF INTERLOCUTORY DECISIONS.
Section 1292 of title 28, United States Code, is amended by
adding at the end the following new subsection:
“(e) The Supreme Court may prescribe rules, in accordance
with section 2072 of this title, to provide for an appeal of an
interlocutory decision to the courts of appeals that is not otherwise
provided for imder subsection (a), (b), (c), or (d).”.
SEC. 102. ABOLITION OF TEMPORARY EMERGENCY COURT OF
APPEALS.
(a) Appeals Under Economic Stabilization Act.— Section 211
of the Economic Stabili2ation Act of 1970 (Public Law 91-379;
84 Stat. 799) is amended by striking subsections (b) through (h)
and inserting the following:
“(b) Appeals from orders or judgments entered by a district
court of the United States in cases and controversies arising under
this title shall be brought in the United States Court of Appeals
for the Federal Circuit if the appeal is from a final decision of
the district court or is an intenocutory appeal permitted under
section 1292(c) of title 28, United States Code.”.
(b) Judicial Review of Emergency Orders Under the Natu¬
ral Gas Policy Act.— Section 506(c) of the Naturgil Gas Policy
Act of 1978 (15 U.S.Cl. 3416(c)) is amended —
(1) in the first sentence, by striking “the Temporary Emer¬
gency Court of Appeals, established pursuant to section 211(b)
of the Economic Stabilization Act of 1970, as amended,” and
inserting “the United States Court of Appeals for the Federal
Circuit”; and
(2) by striking “Temporary Emergency Court of Appeals”
each place it appears and inserting United States Court of
Appeals for the Federal Circuit”.
PUBLIC LAW 102-572— OCT. 29, 1992
106 STAT. 4507
(c) Conforming Amendments. — Section 1295(a) of title 28,
lited States Code, is amended —
(1) by striking “and” at the end of paragraph (9);
(2) by striking the period at the end of paragraph (10)
and inserting a semicolon; and
(3) by adding at the end the following new paragraphs;
“(11) of an appeal under section 211 of the Economic Sta¬
bilization Act of 1970;
“(12) of an appeal under section 6 of the Emergency Petro¬
leum Allocation Act of 1973;
“(13) of an appeal under section 606(c) of the Natural
Gas Policy Act of 1978; and
“(14) of an appeal imder section 523 of the Energy Policy
and Conservation Act.”.
(d) Abolition of Court. — The Temporary Emergency Court
Appeals created by section 211(b) of the Economic Stabilization
t of 1970 is abolished, effective 6 months after the date of the
actment of this Act.
(e) Pending Cases. — (1) Any appeal which, before the effective
te of abolition described in subsection (d), is pending in the
mporary Emergency Court of j^peals but has not been submitted
a panel of such court as of that date shall be assigned to
i United States Court of Appeals for the Federal Circuit as
)ugh the appeal had originally been filed in that court.
(2) Any case which, before the effective date of abolition
scribed in subsection (d), has been submitted to a panel of the
mporary Emergency Court of Appeals and as to which the man-
te has not been issued as of that date shall remain with that
nel for all purposes and, notwithstanding the provisions of sec-
ns 291 and 292 of title 28, United States Code, that panel
all be assi^ed to the United States Court of Appeeds for the
deral Circuit for the purpose of deciding such case.
Effective date.
28 use 1295
note.
28 use 1295
note.
C. 103. JURISDICTION OF MAGISTRATE JUDGES TO MODIFY OR
REVOKE PROBATION OR SUPERVISED RELEASE AFTER
IMPRISONMENT.
Section 3401 of title 18, United States Code, is amended —
(1) in subsection (d) by striking “and to revoke or reinstate
the probation of any person panted probation by him.” and
inserting “and to revoke, modify, or reinstate the probation
of any person panted probation by a magistrate judge.”; and
(2) by adding at the end the following new subsections:
“(h) The magistrate judge shall have power to modify, revoke,
terminate supervised release of any person sentenced to a term
supervised release by a mamstrate judge.
‘u) A district judge may designate a magistrate judge to conduct
arings to modify, revoke, or terminate supervised release, includ-
f evidentiary hearings, and to submit to the judge proposed
dings of fact and recommendations for such modification, rev-
ition, or termination by the judge, including, in the case of
"^ocation, a recommended disposition under section 3583(e) of
s title. The magistrate judge shall file his or her proposed find-
;s and recommendations.”.
D. 104. INTERCIRCUIT TRANSFERS.
Section 291(a) of title 28, United States Code, is amended
read as follows:
106 STAT. 4508
PUBUC LAW 102-572— OCT. 29, 1992
Retirement.
“(a) The Chief Justice of the United States may, in the public
interest, desig^te and assign temporarily any circuit juo^e to
act as circuit judge in another circuit upon request by the chief
judge or circuit justice of such circuit.”.
TITLE n— JUDICIAL SURVIVORS’
ANNUITIES IMPROVEMENTS
SEC. 201. JUDICUI. SURVIVOIIS’ ANNUITIES AMENDMENTS.
(a) Election. — Section 376(a)(1) of title 28, United States Code,
is amended in the matter following subparagraph (G) —
(1) by striking “or” at the end of clause (v); and
(2) by inserting before the semicolon at the end of clause
(vi) “, or (vii) the date of the enactment of the Federed Courts
Administration Act of 1992”.
(b) Contributions.— Section 376(b) of title 28, United States
Code, is amended —
(1) by inserting “(1)” after “(b)”;
(2) in the first sentence by striking “including any ‘retire¬
ment salary*, a sum equal to 5 percent of that salary.” and
inserting “a sum equal to 2.2 percent of that salary, and a
sum equal to 3.5 percent of his or her retirement salary. The
deduction from any retirement salary —
“(A) of a justice or judge of the United States retired
from regular active service who is described in section 371(b)(1)
of this title,
“(B) of a justice or judge of the United States retired
under section 372(a) of this title who is willing and able to
perform judicial duties in accordance with section 294 of this
title,
“(C) of a judge of the United States Court of Federal
Claims retired under section 178 (a) or (b) of this title who
meets the requirements of section 178(d) of this title, or
“(D) of a judicial official on recall under section 155(b),
797, 373(c)(4), 375, or 636(h) of this title,
shall be an amount equal to 2.2 percent of retirement salary.”;
(3) by redesignating all that follows the first sentence (as
amended by paragraph (2) of this subsection) as paragraph
(3) and inserting before such paragraph (3) the following new
paragraph:
“(2) A judicial official who is not entitled to receive an imme¬
diate retirement salary upon leaving office but who is eligible to
receive a deferred retirement salary on a later date shall file,
within 90 days before leaving office, a written notification of his
or her intention to remain within the purview of this section under
such conditions and procedures as may be determined by the Direc¬
tor of the Administrative Office of the United States Courts. Every
judicial official who files a written notification in accordance with
this paragraph shall be deemed to consent to contribute, during
the period before such a judicial official begins to receive his or
her retirement salary, a sum equal to 3.5 percent of the deferred
retirement salary which that judicial official is entitled to receive.
Any judicial official who fails to file a written notification under
this paragraph shall be deemed to have revoked his or her election
imder subsection (a) of this section.”; and
PUBLIC LAW 102-572— OCT. 29, 1992
106 STAT. 4509
(4) in. paragraph (3), as redesignated by paragraph (3)
of this subsection, by striking “so deducted and withheld from
the salary of each such judicial official” and inserting “deducted
and withheld from the salary of each judicial official under
paragraphs (1) and (2) of this subsection”.
(c) Deposits. — Section 376(d) of title 28, United States Code,
s amended —
(1) in paragraph (1) by striking “5 percent” and inserting
“3.5 percent”; and
(2) in paragraph (2) by striking “5 percent” and inserting
“3.5 percent”.
(d) Refund of Deposits.— Section 376(g) of title 28, United
states Code, is amended to read as follows:
“(g) If any judicial official leaves office and is ineligible to
eceive a retirement salary or leaves office £ind is entitled to a
leferred retirement salary but fails to make an election under
lubsection (b)(2) of this section, all amounts credited to his or
ler account established under subsection (e), together with interest
it 4 percent per annum to December 31, 1947, suid at 3 percent
)er annum thereafter, compounded on December 31 of each year,
o the date of his or her relinquishment of office, minus a sum
squal to 2.2 percent of salary for service while deductions were
vithheld under subsection (b) or for which a deposit was made
)y the judicial official imder subsection (d), shall be returned to
hat judicial officiEil in a lump-sum payment within a reasonable
)eriod of time following the date of his or her relinquishment
>f office. For the purposes of this section, a ‘reasonable period
>f time’ shall be presumed to be no longer than 1 year following
,he date upon which such judicial officii relinquishes his or her
iffice.”.
(e) Payment of Annuities.— Section 376(h)(1) of title 28,
Jnited States Code, is amended by striking “or while receiving
retirement salapr,’ ” and inserting “while receiving retirement sal-
iry, or after filing an election and otherwise complying with the
londitions under subsection (b)(2) of this section”.
(f) Creditable Service.— Section 376(k) of title 28, United
States Code, is amended —
(1) in paragraph (3) by striking “and” at the end;
(2) in paragraph (4) by striking the period and inserting
“, and”; and
(3) by adding at the end the following new paragraph:
“(5) those years during which such judicial officii had
deductions withheld from his or her retirement salary in accord¬
ance with subsection (b) (1) or (2) of this section.”.
(g) Computation of Annuity.— Section 376(1) of title 28,
Jnited States Code, is Eunended —
(1) in paragraph (1) by striking “(i) during those three
years of such service in winch his or her annual SEilary” and
inserting “(i) during those three years of such service, or during
those three years while receiving a retirement salary, in which
his or her annual salary or retirement salary”; and
(2) in paragr^h (1) by redesignating subparagraph (D)
as subpara^apn (E) and inserting after subparagraph (C) the
following:
“(D) the number of years during which the judicial
official had deductions withheld from his or her retirement
salary under subsection (b) (1) or (2) of this section; plus”.
106 STAT. 4510
PUBLIC LAW 102-572— OCT. 29, 1992
Reports.
28 use 376
note.
28 use 376
note.
(h) Termination. — Section 376 of title 28, United States Code,
is amended by adding at the end of that section the following
new subsection:
“(v) Subject to the terms of a decree, court order, or agreement
described in subsection (t)(l), if any judicial official ceases to be
married after making the election under subsection (a), he or she
may revoke such election in writing by notifying the Director of
the Administrative Office of the United States Courts. The judicial
official shall also notify any spouse or former spouse of the applica¬
tion for revocation in accordance with such requirements as the
Director of the Administrative Office of the United States Courts
shall by regulation prescribe. The Director may provide under such
regulations that the notification requirement may be waived with
respect to a spouse or former spouse if the judicial official estab¬
lishes to the satisfaction of the Director that the whereabouts
of such spouse or former ^ouse cannot be determined.”.
(i) Adjustment of Contribution Rate.— Section 376 of title
28, United States Code, is amended by adding at the end of that
section the following new subsection:
“(w) The Comptroller General of the United States shall, at
the end of each 3-fiscal year period, determine whether the con¬
tributions by judicial officiEds under subsection (b) . during that
3-year period accounted for 50 percent of the costs of the Judicial
Survivors' Annuities Fund and if not, then what adjustments in
the contribution rates under subsection (b) should be made to
achieve that 50 percent figure. The Comptroller General shall report
the results of each determination under this subsection to the
Congress.”.
(j) Credit for Prior Contributions at Higher Rate. — ^Not¬
withstanding any other provision of law, the contribution under
section 376(b) (1) or (2) of title 28, United States Code (as amended
by this section), of any judicial official who is within the purview
of such section 376 on the effective date of this title shall be
reduced by 0.5 percent for a period of time equal to the number
of years of service for which the judicial official has made con¬
tributions or deposits before the enactment of this Act to the credit
of the Judicial Survivors’ Annuities Fund or for 18 months, which¬
ever is less, if such contributions or deposits were never returned
to the judicial official. For purposes of this subsection, the term
“years” shall mean full years and twelfth parts thereof.
(k) Redeposit of Prior Contributions.— Any judicial official
as defined in section 376(a)(1) of title 28, United States Code,
who makes an election under section 376(b) of title 28, United
States Code, may make a redeposit, as required by section 7 of
Public Law 94-554 and section 2(c)(2) of Public Law 99-336, to
the credit of the Judicial Survivors’ Annuities Fund in installments,
m such amounts smd under such conditions as may be determined
in each insteuice by the Director of the Administrative Office of
the United States Courts. If a judicial official elects to make a
redeposit in installments —
(1) the Director shall require that the first installment
payment made shall be in an amount no smaller than the
last 18 months of salary deductions or deposits previously
returned to that judicial official in a lump-sum payment; and
(2) the election under section 376(b) of title 28, United
States Code, shall be effective upon pa5anent of the first such
installment.
PUBLIC LAW 102-572— OCT. 29, 1992
106 STAT. 4511
(1) Audit by GAO. — The Comptroller General shall —
(1) conduct an audit of the judicial survivors annuities
program under section 376 of title 28, United States Code,
for the 3-year period beginning on the date of the enactment
of this Act; and
(2) report to the Congress, not later thsm 60 days after
the end of that 3-year period, on the results of such audit,
comparing such program to other survivors annuities programs
within the Federal Government.
C. 202. EFFECTIVE DATE.
This title and the amendments made by this title shall take
Bct on the date of the enactment of this Act.
TITLE III-^JUDICIAL FINANCIAL
ADMINISTRATION
C. 301. AWARD OF FILING FEES IN FAVOR OF THE UNITED STATES.
(a) Actions Commenced by the United States. — Section
L2(a) of title 28, United States Code, is amended —
(1) by inserting “(1)'’ after “(a)”; and
(2) by adding at the end the following new paragraph:
“(2) A judgment for costs, when awarded in favor of the United
ites in an action brought by the United States, may include
amount equal to the filing fee prescribed under section 1914(a)
this title. The preceding sentence shall not be construed as
luiring the United States to pay any filing fee.”.
(b) Disposition of Filing Fees.— Section 1931 of title 28,
ited States Code, is amended by striking ‘The following” and
that follows through the end and inserting the following:
“(a) Of the amounts paid to the clerk of court as a fee under
:tion 1914(a) or as part of a judgment for costs imder section
L2(a)(2) of this title, $60 shall be deposited into a special fund
the Treasury to be available to offset funds appropriated for
i operation and maintenance of the courts of the United States.
“(b) If the court authorizes a fee under section 1914(a) or
amount included in a judgment for costs under section 2412(a)(2)
this title of less than $120, the entire fee or amount, up to
D, shall be deposited into the special fund provided in this sec-
n.”
TITLE IV-.JURY MATTERS
D. 401. JURY SELECTION.
Section 1863(b)(2) of title 28, United States Code, is amended
adding at the end the following: “The plan for the district
Massachusetts may require the names of prospective jurors to
selected from the resident list provided for in chapter 234A,
issachusetts General Laws, or comparable authority, rather than
m voter lists.”.
C. 402. GRAND JURY TRAVEL.
28 use 376
note.
Reports.
28 use 376
note.
Massachusetts.
106 STAT. 4512
PUBLIC LAW 102-572— OCT. 29, 1992
Effective date.
28 use 1878
note.
12 use 3421
note.
“(5) A grand juror who travels to district court pursuant to
a summons may be paid the travel expenses provided under this
section or, imder guidelines established by the Judicial Conference,
the actual reasonable costs of travel by airersdt when travel by
other means is not feasible and when certified by the chdef judge
of the district court in which the grand juror serves.”.
SEC. 403. PERMANENT AUTHORIZATION FOR OPTIONAL USE OF NEW
JURY SELECTION PROCESS.
(a) Authority To Use One-Step Procedure.— Section 1878
of title 28, United States Code, is amended to read as follows:
"§ 1878. Optional use of a one-step summoning and qualifica¬
tion procedure
“(a) At the ^tion of each district court, iurors may be sum¬
moned and qualified in a single procedure, if me court’s jury selec¬
tion plan so authorizes, in lieu of the two separate procedures
otherwise provided for by this chapter. Courts shall ensure that
a one-step summoning and qualification procedure conducted imder
this section does not violate the policies and objectives set forth
in sections 1861 and 1862 of this title.
“(b) Jury selection conducted under this section shall be subject
to challenge under section 1867 of this title for substantial failure
to comply with the provisions of this title in selecting the jury.
However, no challenge under section 1867 of this title shall lie
solely on the basis that a jury was selected in accordance with
a one-step summoning and qualification procedure authorized by
this section.”.
(b) Conforming Amendment.— The item relating to section
1878 in the table of sections for chapter 121 is amended to read
as follows:
“1878. Optional use of a one-step sununoning and qualification procedure.”.
(c) Savings Provision. — ^For courts participating in the experi¬
ment authorized under section 1878 of title 28, United States Code
(as in effect before the effective date of this section), the amendment
made by subsection (a) of this section shall be effective on and
after January 1, 1992.
TITLE V— MISCELLANEOUS
SEC. 501. PRETERMISSION OF REGULAR SESSIONS OF COURT OF
APPEALS.
Section 48(c) of title 28, United States Code, is amended by
striking with the consent of the Judicial Conference of the United
States,”.
SEC. 602. REPORTS AND STATISTICS.
(a) Elimination of Duplicative Reporting Requirement. —
After January 1, 1992, the Director of the Administrative Office
of the United States Courts is not required to send a report under
section 1121(a) of Pubhe Law 95-630 (12 U.S.C. 3421(a)).
(b) Transfer of Reporting Duty to Administering
Agency. — Section 2412(d)(5) of title 28, United States Code, is
amended by striking “The Director^ and all that follows through
“this title,” and inserting “The Attorney General shall report
annually to the Congress on”.
PUBLIC LAW 102-572— OCT. 29, 1992
106 STAT. 4513
(c) Extension for Judicial Center Report.— Section 302(c)
the Judicial Improvements Act of 1990 (Public Law 101-650;
4 Stat. 5104) is amended by striking “2 years” and inserting
years and 9 months”.
IC. 503. RECYCLING AND REUSE OF RECYCLABLE MATERIALS.
Section 604(g) of title 28, United States Code, is amended
adding at the end the following new paragraph:
'‘(3)(A) In order to promote the recycling and reuse of recyclable
aterials, the Director may provide for the sale or disposal of
cyclable scrap materials from paper products and other
nsumable office supplies held by an entity within the judicial
anch.
“(B) The sale or disposal of recyclable materials under subpara¬
ph (A) shall be consistent with the procedures provided in section
3 of the Federal Property and Administrative Services Act of
49 (40 U.S.C. 484) for the sale of surplus property.
“(C) Proceeds from the sale of recyclable materials under sub-
ragraph (A) shall be deposited as offsetting collections to the
nd established under section 1931 of this title and shall remsiin
ailable until expended to reimburse any appropriations for the
eration and maintenance of the judicial branch.”.
:c. 504. VENUE IN DIVERSITY AND FEDERAL QUESTION CASES.
Section 1391(a)(3) of title 28, United States Code, is amended
inserting before the period “, if there is no district in which
action may otherwise be brought”.
;c. 505. SUMMARIES OF REPORTS TO CONGRESS.
Section 103(cX4)(B) of the Civil Justice Reform Act of 1990
ublic Law 101-650) is amended by striking “the reports” and
Sferting “sununaries of the reports”.
1C. 506. COSTS AND FEES IN THE UNITED STATES COURT OF VET¬
ERANS APPEALS.
(a) In General. — Section 2412(d)(2)(F) of title 28, United States
>de, is amended by inserting before the semicolon “and the United
ates Court of Veterans Appeals”.
(b) Application to Pending Cases. — The amendment made
subsection (a) shall apply to any case pending before the United
ates Court of Veterans Appeals on the date of the enactment
this Act, to any appeal filed in that court on or after such
ite, and to any appeal from that court that is pending on such
ite in the United States Court of Appeals for the Federal Circuit.
(c) Fee Agreements.— Section 5904(d) of title 38, United States
)de, shall not prevent an award of fees and other expenses imder
tion 2412(d) of title 28, United States Code. Section 5904(d)
title 38, United States Code, shall not apply with respect to
ly such award but only if, where the claimant’s attorney receives
2S for the same work under both section 5904 of title 38, United
ates Code, and section 2412(d) of title 28, United States Code,
e claimant’s attorney refunds to the claimant the amount of
e smaller fee.
(d) Effective Date. — ^This section, and the amendment made
' this section, shall take effect on the date of the enactment
this Act.
28 use 620
note.
28 use 471
note.
28 use 2412
note.
28 use 2412
note.
28 use 2412
note.
106 STAT. 4514
PUBLIC LAW 102-572— OCT. 29, 1992
Reports.
TITLE VI— JUDICIARY PERSONNEL AD¬
MINISTRATION, BENEFITS, AND PRO¬
TECTIONS
SEC. 601. JUDICIAL RETIREMENT MATTERS.
(a) Judicial Retirement Funds.— Section 255(g)(1)(B) of the
Balanced Budget and Emergency Deficit Control Act of 1985 (2
U.S.C. 905(g)(1)(B)) is amended by inserting after “Judicial survi¬
vors’ annuities fund (10-8110-0-7-^02);” the following:
“Judicial Officers’ Retirement Fund (10-8122-0-7-
602);
“Court of Federal Claims Judges’ Retirement Fund
(10-8124-0-7-602);”.
(b) Judiciary Trust Funds. — Section 255(g)(1)(A) of the Bal¬
anced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C.
905(g)(1)(A)) is amended by inserting after “Payment to civil service
retirement and disability fund (24-0200-0-1-^05);” the following:
‘Payment to Judiciary Trust Funds (10-0941-0-1-
752);”.
SEC. 602. FEDERAL JUDICIAL CENTER.
(a) Functions. — Subsection 620(b) of title 28, United States
Code, is amended —
(1) in paragraph (4) by striking “and” at the end;
(2) in paragraph (5) by striking the period and inserting
; and ; and
(3) by adding at the end the following new paragraph:
“(6) insofar as may be consistent with the performance
of the other functions set forth in this section, to cooperate
with and assist agencies of the Federal Government and other
appropriate organizations in providing information and advice
to further improvement in the administration of justice in the
courts of foreign countries and to acquire information about
judicial administration in foreign countries that may contribute
to performing the other functions set forth in this section.”.
(b) Clerical Compensation.— Subsection 625(c) of title 28,
United States Code, is amended by striking “competitive service
and” and inserting “competitive service without regard to”.
TITLE VII— CRIMINAL ADMINISTRATIVE
MATTERS
SEC. 701. NEW AUTHORITY FOR PROBATION AND PRETRIAL SERVICES
OFFICERS.
(a) Probation Officers.— Section 3603 of title 18, United
States Code, is amended —
(1) in paragraph (7) by striking “and” at the end;
(2) by redesi^ating paragraph (8) as paragraph (9) and
inserting after paragraph (7) the following new paraOTaph:
“(8)(A) when directed by the court, and to the degree
required by the regimen of care or treatment ordered by the
court as a condition of release, keep informed as to the conduct
and provide supervision of a person conditionally released under
the provisions of section 4243 or 4246 of this title, and report
PUBLIC LAW 102-572— OCT. 29, 1992
106 STAT. 4515
such person’s conduct and condition to the court ordering
release and to the Attorney General or his designee; and
“(B) immediately report any violation of the conditions
of release to the court and the Attorney General or his designee;
and”.
(b) Pretrial Services. — Section 3154 of title 18, United States
le, is amended —
(1) by redesignating paragraph (12) as paragraph (13);
and
(2) by inserting after paragraph (11) the following new
paragraph:
“(12)(A) As directed by the court and to the degree required
by the regimen of care or treatment ordered by the court
as a condition of release, keep informed as to the conduct
and provide supervision of a person conditionally released under
the provisions of section 4243 or 4246 of this title, and report
such person’s conduct and condition to the court ordering
release and the Attorney General or his designee.
“(B) Any violation of the conditions of release shall imme¬
diately be reported to the court and the Attorney General
or his designee.”.
1. 702. GOVERNMENT RATES OF TRAVEL FOR CRIMINAL JUSTICE
ACT ATTORNEYS AND EXPERTS.
The Administrator of General Services, in entering into con-
:ts providing for special rates to be charged by Federal Govern-
it sources of supply, including common carriers and hotels (or
Br commercial providers of lodging) for official travel and
jmmodation of Federal Gevernment employees, shall provide
charging the same rates for attorneys, experts, and other persons
/^eling primarily in connection with carrying out responsibilities
ler section 3006A of title 18, United States Code, including
imimity defender organizations established under subsection (g)
bat section.
1. 703. TECHNICAL CORRECTION.
Section 3143(b)(1) of title 18, United States Code, is amended
striking “paragraph (b)(2)(D)” and inserting “subparagraph
iv) of this paragraph”.
[TLE VIII— STATE JUSTICE INSTITUTE
REAUTHORIZATION
I. 801. AUTHORIZATION OF APPROPRIATIONS.
The text of section 215 of the State Justice Institute Act of
4 (Public Law 98-620; 42 U.S.C. 10713) is amended to read
bllows:
“Sec. 215. There are authorized to be appropriated to carry
the purposes of this title $20,000,000 for fiscal year 1993,
,000,000 for fiscal year 1994, $25,000,000 for fiscal year 1995,
. $25,000,000 for fiscal year 1996. Amounts appropriated for
ti such year are to remain available until expended.”.
1. 802. INTERAGENCY AGREEMENTS.
Section 206(b) of the State Justice Institute Act of 1984 (42
.C. 10705(b)) is amended —
Contracts.
18 use 3006A
note.
106 STAT. 4516
PUBLIC LAW 102-572— OCT. 29, 1992
42 use 10703
note.
Court of Federal
Claims
Technical
and Procedural
Improvements
Act of 1992.
28 use 1
note.
28 use 171
note.
(1) in paragraph (1) —
(A) by striking “shall give priority to grants, coopera¬
tive agreements, or contracts” and inserting “may award
grants to or enter into cooperative agreements or contracts”;
and
(B) in subparagraph (A) by striking the comma and
inserting a semicolon;
(2) in paragraph (2) by inserting “to” after “award grants”;
(3) by striWng par^aph (3) and inserting the following:
“(3) Upon application by an appropriate State or local
agency or institution and if the arrangements to be made
by such agency or institution will provide services which could
not be provided adequately through nongovernmental arrange¬
ments, the Institute may award a grant or enter into a coopera¬
tive agreement or contract with a unit of State or local govern¬
ment other than a court.”;
(4) by redesignating paragraph (4) as paragraph (5); and
(5) by inserting after paragraph (3) the following new para¬
graph:
“(4) The Institute may enter into contracts with Federal
agencies to cany out the purposes of this title.”.
SEC. 803. TECHNICAL AMENDMENTS.
(a) Board of Directors. — Section 204(a)(3) of the State Justice
Institute Act of 1984 (42 U.S.C. 10703(a)(3)) is amended in the
second sentence by striking “conference” and inserting “Conference”.
(b) Uses of Funds. — Section 206(c)(7) of the State Justice
Institute Act of 1984 (42 U.S.C. 10705(c)(7)) is amended by striking
“effect” and inserting “affect”.
SEC. 804. EFFECTIVE DATE.
The provisions of this title shall take effect on the date of
the enactment of this Act.
TITLE IX— COURT OF FEDERAL CLAIMS
SEC. 901. SHORT TITLE.
This title may be cited as the “Court of Federal Claims Tech¬
nical and Procedural Improvements Act of 1992”.
SEC. 902. COURT DESIGNATION.
(a) In General.— Chapters 7, 51, 91, and 165 of title 28,
United States Code, are amended —
(1) by striking “United States Claims Court” each place
it appears and inserting “United States Court of Federal
Claims”; and
(2) by striking “Claims Court” each place it appears and
inserting “Court of Federal Claims”.
(b) Other Provisions of Law. — Reference in any other Federal
law or any document to —
(1) the “United States Claims Court” shall be deemed to
refer to the “United States Court of Federal Claims”; and
(2) the “Claims Court” shall be deemed to refer to the
“Court of Federal Claims”.
PUBLIC LAW 102-572— OCT. 29, 1992
106 STAT. 4517
SEC. 903. MILITARY RETIREMENT PAY FOR RETIRED JUDGES.
(a) In General. — Chapter 7 of title 28, United States Code,
is amended by adding at the end the following new section:
"§ 180. Military retirement pay for retired judges
“Section 371(e) of this title applies to judges of the United
States Court of Federal Claims, and for the purpose of construing
section 371(e) of this title, a judge of the United States Court
of Federal Claims shall be deemed to be a judge of the United
States as defined in section 451 of this title.”.
(b) Table of Sections. — ^The table of sections for chapter 7
of title 28, United States Code, is amended by adding at the end
the following:
“179. Insurance and annuities programs.
“180. Military retirement pay for retired judges.”.
SEC. 904. RECALL OF COURT OF FEDERAL CLAIMS JUDGES ON SENIOR
STATUS.
(a) In General. — Section 375 of title 28, United States Code,
is amended —
(1) in the first sentence of subsection (a)(1) by striking
“, a judge of the Claims Court,” and “, judge of the Claims
Court,”;
(2) by amending paragraph (2) of subsection (a) to read
as follows:
“(2) For purposes of paraCTaph (1) of this subsection, a cer¬
tification may be made, in the case of a bankruptcy judge or
a United States magistrate, by the judicial council of the circuit
in which the official duty station of the judge or magistrate at
the time of retirement was located.”;
(3) by amending paragraph (3) of subsection (a) to read
as follows:
“(3) For purposes of this section, the term ‘bankruptcy judge’
means a bankruptcy judge appointed under chapter 6 of this title
or serving as a banlmiptcy judge on March 31, 1984.”; and
(4) in subsection (f) —
(A) by striking “, a judge of the Claims Court,”; and
(B) by striking a commissioner of the Court of
Claims,”.
(b) Recall of Retired Judges.— Section 797(d) of title 28,
United States Code, is amended in the second sentence by striking
“civil service”.
SEC. 906. LAW CLERKS.
The first sentence of section 794 of title 28, United States
Code, is amended by inserting after “may approve” the following:
“for district judges”.
SEC. 906. SITES FOR HOLDING COURT.
(a) In General. — Section 798(a) of title 28, United States Code,
is amended to read as follows:
“(a) The United States Court of Federal Claims is authorized
to use fadhties and hold court in Washington, District of Colutnbia,
and throughout the United States (including its territories and
possessions) as necessary for compliance with sections 173 and
2503(c) of this title. The facilities of the Federal courts, as well
as other comparable facilities administered by the General Services
106 STAT. 4518
PUBLIC LAW 102-572— OCT. 29, 1992
41 use 605
note.
41 use 611
note.
Administration, shall be made available for trials and other proceed¬
ings outside of the District of Columbia.”.
(b) Hearing in a Foreign Country.— Section 798 of title 28,
United States Code, is amended —
(1) by redesignating subsection (b) as subsection (c); and
(2) by inserting after subsection (a) the following:
“(b) Upon application of a party or upon the judge’s own ini¬
tiative, and upon a showing that the interests of economy, efficiency,
and justice will be served, the chief judge of the Court of Federal
Claims may issue an order authorizing a judge of the court to
conduct proceedings, including evidentiary hearings and trials, in
a foreign countiy whose laws do not prohibit such proceedings,
except that an interlocutory appeal may be taken from such an
order pursuant to section 1292(d)(2) of this title, and the United
States Court of Appeals for the Federal Circuit may, in its discre¬
tion, consider the appeal.”.
(c) Appeal Jurisdiction.— Section 1292(d)(2) of title 28, United
States Code, is amended by inserting after “When” the following:
“the chief judge of the United States Court of Federal Claims
issues an order under section 798(b) of this title, or when”.
SEC. 907. jurisdiction.
(a) Certifications. — (1) Section 6(c) of the Contract Disputes
Act of 1978 (41 U.S.C. 605(c)) is amended —
(A) in paragraph (1) in the second sentence —
(i) by strilung “and” after “belief,”; and
(ii) by inserting before the period at the end of the
sentence the following: “, and that the certifier is duly
authorized to certify the claim on behalf of the contractor”;
and
(B) by adding at the end the following:
“(6) The contracting officer shall have no obligation to render
a final decision on any claim of more than $50,000 that is not
certified in accordance with paragraph (1) if, within 60 days after
receipt of the claim, the contracting officer notifies the contractor
in writing of the reasons why any attempted certification was
found to be defective. A defect in the certification of a claim shall
not deprive a court or an agency board of contract appeals of
jurisdiction over that claim. Prior to the entry of a final judgment
by a court or a decision by an agency board of contract appeals,
the court or agency board shall require a defective certification
to be corrected.
“(7) The certification required by paragraph (1) may be executed
by any person duly authorized to bind the contractor with respect
to the claim.”.
(2) The amendment made by paragraph (1)(B) shall be effective
with respect to all claims filed before, on, or after the date of
the enactment of this Act, except for those claims which, before
such date of enactment, have been the subject of an appeal to
an agency board of contract appeals or a suit in the United States
Claims Court.
(3) If any interest is due under section 12 of the Contract
Disputes Act of 1978 on a claim for which the certification imder
section 6(c)(1) is, on or after the date of the enactment of this
Act, found to be defective shall be paid from the later of the
date on which the contracting officer initially received the claim
or the date of the enactment of this Act.
PUBLIC LAW 102-572— OCT. 29, 1992
106 STAT. 4519
(4) The amendments made by paragraph (1)(A) shall be effective
dth respect to certifications executed more than 60 days after
tie effective date of amendments to the Federal Acquisition Regula-
Lon implementing the amendments made by paragraph (1)(A) with
Bspect to the certification of claims.
(b) Jurisdiction of Court of Federal Claims. — (1) Section
491(a)(2) of title 28, United States Code, is amended in the last
entence by inserting before the period at the end the following:
, including a dispute concerning termination of a contract, rights
1 tangible or intangible property, compliance with cost accounting
tandards, and other nonmonetary disputes on which a decision
f the contracting officer has been issued imder section 6 of that
.ct”.
(2) The amendment made by paragraph (1) shall be effective
dth respect to all actions filed before, on, or after the date of
le enactment of this Act, except for those actions which, before
ach date of enactment, have been the subject of —
(A) a final judgment of the United States Claims Court,
if the time for appeal of that judgment has expired without
an appeal having been filed, or
(B) a final judgment of the Court of Appeals for the Federal
Circuit.
Effective date.
41 use 605
note.
Effective date.
28 use 1491
note.
EC. 908. AWARDABLE COSTS.
(a) Award of Costs. — Section 1919 of title 28, United States
lode, is amended —
(1) by striking “district court or” and inserting “district
court,”; and
(2) by inserting after “Trade” the following: “, or the Court
of Federal Claims”.
(b) Technical Amendments. — (1) The section caption for sec-
on 1919 of title 28, United States Code, is amended to read
follows:
§ 1919. Dismissal for lack of jurisdiction”.
(2) The item relating to section 1919 in the table of sections
>r chapter 123 of title 28, United States Code, is amended to
Bad as follows:
-919. Dismissal for lack of jurisdiction.”.
EC. 909. PROCEEDINGS GENERALLY.
Section 2503 of title 28, United States Code, is amended by
ding at the end the following:
“(d) For the purpose of construing sections 1821, 1915, 1920,
nd 1927 of this title, the United States Court of Federal Claims
tiall be deemed to be a court of the United States.”.
EC. 910. SUBPOENAS AND INCIDENTAL POWERS.
(a) In General. — Section 2521 of title 28, United States Code,
; amended —
(1) by amending the section caption to read as follows:
^ 2521. Subpoenas and incidental powers”;
(2) by inserting “(a)” before “Subpoenas requiring”; and
(3) by adding at the end the following new subsections:
“(b) The United States Court of Federal Claims shall have
ower to punish by fine or imprisonment, at its discretion, such
jntempt of its authority as —
16 STAT. 4520
PUBLIC LAW 102-572— OCT. 29, 1992
use 171
»te.
“(1) misbehavior of any person in its presence or so near
thereto as to obstruct the adnnnistration of justice;
“(2) misbehavior of any of its officers in their official trans¬
actions; or
“(3) disobedience or resistance to its lawful writ, process,
order, rule, decree, or command.
“(c) The United States Court of Federal Claims shall have
such assistance in the carrying out of its lawful writ, process,
order, rule, decree, or command as is available to a court of the
United States. The United States marshal for any district in which
the Court of Federal Claims is sitting shall, when requested by
the chief judge of the Court of Federal Claims, attend any session
of the Court of Federal Claims in such district.”.
(b) Conforming Amendment. — The table of sections for chapter
165 of title 28, United States Code, is amended by amending the
item relating to section 2521 to read as follows:
“2521. Subpoenas eind incidental powers.”.
SEC. 911. EFFECTIVE DATE.
This title and the amendments made by this title shall take
effect on the date of the enactment of this Act.
TITLE X— additional PROVISIONS
SEC. 1001. VICTIMS’ RIGHTS FUNDING.
Section 1402 of the Victims of Crime Act of 1984 (42 U.S.C.
10601) is amended —
(1) by striki^ subsection (c) and inserting the following:
“(c) Sums deposited in the Fund shall remain in the Fund
and be available for expenditure under this subsection for grants
imder this chapter without fiscal year limitation.”; and
(2) by striking subsection (d) and inserting the following:
“(d) The Fund shall be available as follows:
“(1) The first $6,200,000 deposited in the Fund in each
of the fiscal years 1992 through 1995 and the first $3,000,000
in each fiscal year thereafter shall be available to the judicial
branch for administrative costs to carry out the functions of
the judicial branch un^r sections 3611 and 3612 of title 18,
United States Code.
“(2) Of the next $100,000,000 deposited in the Fimd in
a particular fiscal year —
“(A) 49.5 percent shall be available for grants under
section 1403; and
“(B) 45 percent shall be available for grants under
section 1404(a).
“(3) The next $5,500,000 deposited in the Fund in a particu¬
lar fiscal year shall be available for grants under section
1404(a).
“(4) The next $4,500,000 deposited in the Fund in a particu¬
lar fiscal year shall be available for grants under section
1404(a).
“(5) Any deposits in the Fund in a particular fiscal year
that remain after the funds are distributed under paragraphs
(1) through (4) shall be available as follows:
“(A) 47.5 percent shall be available for grants under
section 1403.
PUBUC LAW 102-572~OCT. 29, 1992
106 STAT. 4521
“(B) 47.6 percent shall be available for grants under
section 1404(a).
“(C) 5 percent shall be available for grants under sec¬
tion 1404(c).”.
1002. AUTHORITY TO LIMIT COLLECTION OF PRETRIAL
INFORMATION IN CLASS A MISDEMEANOR CASES.
Section 3154(1) of title 18, United States Code, is amended
setting before the period except that a district court may
ct that information not be collected, verified, or reported under
paragraph on individuals charged with Class A misdemeanors
efined in section 3559(a)(6) of this title”.
1003. TERRORISM CIVIL REMEDY.
(a) Terrorism. — Chapter 113A of title 18, United States Code,
nended —
(1) in section 2331 by striking subsection (d) and
redesignating subsection (e) as subsection (d);
(2) by redesignating section 2331 as 2332 and striking
the caption for section 2331 and inserting the following;
132. Criminal penalties**;
(3) by inserting before section 2332 as redesignated the
following:
131. Defiinitions
“As used in this chapter —
“(1) the term ‘international terrorism’ means activities
that—
“(A) involve violent acts or acts dangerous to human
life that are a violation of the criminal laws of the United
States or of any State, or that would be a criminal violation
if committed within the jurisdiction of the United States
or of any State;
“(B) appear to be intended —
“(i) to intimidate or coerce a civilian population;
“(ii) to influence the policy of a government by
intimidation or coercion; or
“(iii) to affect the conduct of a government by
assassination or kidnapping; and
“(C) occur primarily outside the territorial jurisdiction
of the United States, or transcend national boundaries
in terms of the means by which they are accomplished,
the persons they appear intended to intimidate or coerce,
or the locale in wWch their perpetrators operate or seek
asylum;
“(2) the term ‘national of the United States’ has the mean¬
ing given such term in section 101(a)(22) of the Immigration
and Nationality Act;
“(3) the te^ ‘person’ means any individual or entity
capable of holding a legal or beneficial interest in property;
and
“(4) the term ‘act of war’ means any act occurring in the
course of—
“(A) declared war;
“(B) armed conflict, whether or not war has been
declared, between two or more nations; or
6 STAT, 4522
PUBLIC LAW 102-572— OCT. 29, 1992
“(C) armed conflict between military forces of any
origin.”;
(4) by adding after section 2332, as redesignated by para¬
graph (2) of this subsection, the following new sections:
**§ 2333. Civil remedies
“(a) Action and Jurisdiction.— Any national of the United
States iiyured in his or her person, property, or business by reason
of an act of international terrorism, or his or her estate, survivors,
or heirs, may sue therefor in any appropriate district court of
the United States and shall recover threefold the damages he or
she sustains and the cost of the suit, including attorney’s fees.
“(b) Estoppel Under United States Law.— A final judgment
or decree rendered in favor of the United States in any criminal
proceeding under section 1116, 1201, 1203, or 2332 of this title
or section 902(i), (k), (1), (n), or (r) of the Federal Aviation Act
of 1958 (49 U.S.C. App. 1472(i), (k), (1), (n), or (r)) shall estop
the defendant from denying the essential allegations of the criminal
offense in any subsequent civil proceeding imder this section.
“(c) Estoppel Under Foreign Law,— A final judgment or
decree rendered in favor of any foreign state in any criminal pro¬
ceeding shall, to the extent that such judgment or decree may
be accorded full faith and credit imder the law of the United
States, estop the defendant from denying the essential allegations
of the criminal offense in any subsequent civil proceeding under
this section.
Ҥ 2334. Jurisdiction and venue
“(a) General Venue. — ^Any civil action under section 2333 of
this title against any person may be instituted in the district
court of the United States for any district where any plaintiff
resides or where any defendant resides or is served, or has an
agent. Process in such a civil action may be served in any district
where the defendant resides, is found, or has an agent.
“(b) Special Maritime or Territorial Jurisdiction.— If the
actions ^ving rise to the claim occurred within the special maritime
and territori^ jurisdiction of the United States, as defined in section
7 of this title, then any civil action under section 2333 of this
title against any person may be instituted in the district court
of the United States for any district in which any plaintiff resides
or the defendant resides, is served, or has an agent.
“(c) Service on Witnesses. — ^A witness in a civil action broug:ht
under section 2333 of this title may be served in any other district
where the defendant resides, is found, or has an agent.
“(d) Convenience of the Forum. — ^The district court shall
not dismiss any action brought under section 2333 of this title
on the grounds of the inconvenience or inappropriateness of the
forum chosen, unless —
“(1) the action may be maintained in a foreim court that
has jurisdiction over the subject matter and over all the defend¬
ants;
“(2) that foreign court is significantly more convenient and
appropriate; and
“(3) that foreign court offers a remedy which is substan¬
tially the same as the one available in the courts of the United
States.
r
PUBLIC LAW 102-572--OCT. 29, 1992 106 STAT. 4523
35. Limitation of actions
(a) In General. — Subject to subsection (b), a suit for recovery
mages under section 2333 of this title shall not be maintained
s commenced within 4 years after the date the cause of action
ed.
(b) Calculation of Period. — The time of the absence of the
dant from the United States or from any jurisdiction in which
lame or a similar action arising from the same facts may
aintained by the plaintiff, or of any concealment of the defend-
whereabouts, shall not be included in the 4-year period set
in subsection (a).
36. Other limitations
a) Acts of War. — ^No action shall be maintained under section
of this title for iiyury or loss by reason of an act of war.
(b) Limitation on Discovery. — If a party to an action under
>n 2333 seeks to discover the investigative files of the Depart-
of Justice, the Assistant Attorney General, Deputy Attorney
al, or Attorney General may object on the ground that compli-
will interfere with a criminal investigation or prosecution
e incident, or a national security operation related to the
3nt, which is the subject of the civil litigation. The court
evaluate any such objections in camera and shall stay the
very if the court finds that granting the discovery request
ubstEuitially interfere with a criminal investigation or prosecu-
of the incident or a national security operation related to
ncident. The court shall consider the likelihood of criminal
cution by the Government and other factors it deems to be
)priate. A stay of discovery under this subsection shall con-
;e a bar to the granting of a motion to dismiss under rules
(6) and 56 of the Federal Rules of Civil Procedure. If the
grants a stay of discovery imder this subsection, it may
the action in the interests of justice.
(c) Stay of Action for Civil Remedies.— (1) The Attorney
ral may intervene in any civil action brought under section
for the purpose of seeking a stay of the civil action. A stay
be granted if the court finds that the continuation of the
ction will substantially interfere with a criminal prosecution
1 involves the same subject matter and in which an indictment
jeen returned, or interfere with national security operations
2d to the terrorist incident that is the subject of the civil
a. A stay may be manted for up to 6 months. The Attorney
ral may petition the court for an extension of the stay for
ional 6-month periods until the criminal prosecution is com-
d or dismissed.
(2) In a proceeding under this subsection, the Attorney General
request that any order issued by the court for release to
parties and the public omit any reference to the basis on
1 the stay was sought.
37. Suits against Government officials
No action shall be maintained under section 2333 of this
against —
“(1) the United States, an agency of the United States,
►r an officer or employee of the United States or any agency
hereof acting within Ms or her official capacity or imder color
106 STAT. 4524
PUBLIC LAW 102-572— OCT. 29, 1992
18 use 2331
note.
2 use 905
note.
“(2) a foreign state, an agency of a foreign state, o]
officer or employee of a foreign state or an agency th<
acting within his or her official capacity or under cole
legal authority.
**§2338. Exclusive Federal jurisdiction
“The district courts of the United States shall have exclr
jurisdiction over an action brought under this chapter.”; and
(5) by amending the table of sections to read as foil
“Chapter 113A— Terrorism
"Sec.
“2331. Definitions.
“2332. Crinunal penalties.
“2333. Civil remedies.
“2334. Jurisdiction and venue.
“2335. Limitation of actions.
“2336. Other limitations.
“2337. Suits against Government officials.
“2338. Exclusive Federal jurisdiction.”.
(b) Table of Contents. — ^The table of contents of part
title 18, United States Code, is amended by striking
"113A. Ehctraterritorial jurisdiction over terrorist acts abroad against
United States natiomds . i
and inserting
"113A. Terrorism . 2
(c) Effective Date. — ^This section and the amendments n
by this section shall apply to any pending case or any caus
action arising on or alter 4 years before the date of enactn
of this Act.
TITLE XI— EFFECTIVE DATE
SEC. 1101. EFFECTIVE DATE.
(a) In General. — Except as otherwise provided in this
the provisions of this Act and the amendments made by this
shall take effect on January 1, 1993.
PUBLIC LAW 102-572— OCT. 29, 1992
106 STAT. 4525
(b) Availability of Appropriations.— Notwithst^ding any
(vision of this Act, all sums expended pmsuant to this Act shall
subject to the availahihty of appropriations.
Approved October 29, 1992.
^ISLATIVE HISTORY— S. 1569 (H.R. 5933):
USE REPORTS: No. 102-1006 accompanying H.R. 5933 (Comm, on the Judiciary).
•I ATE REPORTS: No. 102-342 (Comm, on the Judiciary).
STGRESSIONAL RECORD, Vol. 138 (1992): '
Aug. 3, considered and passed Senate.
Oct. 3, H.R. 5933 considered and passed House; S. 1569, amended, passed in lieu.
Oct. 7, Senate concurred in House amendment. 1
lEKLY COMPILATION OF PRESIDENTIAL DCICUMENTS, Vol. 28 (1992):
Oct. 29, Presidential statement. v
106 STAT. 4526
PUBLIC LAW 102-573— OCT. 29, 1992
Oct. 29, 1992
[S. 2481]
Indian Health
Amendments of
1QQ9
25 use 1601
note.
Public Law 102-573
102d Congress
An Act
To amend the Indian Health Care Improvement Act to authorize appropriations
for Indian health programs, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the “Indian Health Amendments
of 1992”.
SEC. 2. AMENDMENTS TO INDIAN HEALTH CARE IMPROVEMENT ACT.
Except as otherwise specifically provided, whenever in this
Act a section or other provision is amended or repealed, such
amendment or repeal shall be considered to be made to that section
or other provision of the Indian Health Care Improvement Act
(25 U.S.C. 1601 et seq.).
SEC. 3. FINDINGS; POLICY; AND DEFINITIONS.
(a) Findings. — Section 2 of the Act (25 U.S.C. 1601) is
amended —
(1) in the matter preceding paragraph (a), by striking “finds
that — and inserting ^‘finds the following:”;
(2) in paragraph (d), by striking out the second sentence;
and
(3) by striking out paragraphs (e), (f), and (g).
(b) Declaration of PoLiCY.-^ection 3 of the Act (25 U.S.C.
1602) is amended to read as follows:
“DECLARATION OP HEALTH OBJECTIVES
“Sec. 3. (a) The Congress hereby declares that it is the pohey
of this Nation, in fulfillment of its special responsibilities and
legal obligation to the American Indian people, to assure the highest
possible health status for Indians and urban Indians and to provide
all resources necess^ to effect that policy.
“(b) It is the intent of the Congress that the Nation meet
the following health status objectives with respect to Indians and
urban Indians by the year 2000:
“(1) Reduce coronary heart disease deaths to a level of
no more than 100 per 100,000.
“(2) Reduce the prevalence of overweight individuals to
no more than 30 percent.
“(3) Reduce the prevalence of anemia to less than 10 per¬
cent among children aged 1 through 5.
“(4) Reduce the level of cancer deaths to a rate of no
more than 130 per 100,000.
“(5) Reduce the level of lung cancer deaths to a rate of
no more than 42 per 100,000.
“(6) Reduce the level of chronic obstructive pulmonary dis¬
ease related deaths to a rate of no more than 25 per 100,000.
69-139 0 - 92 (573)
PUBLIC LAW 102-573— OCT. 29, 1992
106 STAT. 4527
“(7) Reduce deaths among men caused by alcohol-related
notor vehicle crashes to no more than 44.8 per 100,000.
“(8) Reduce cirrhosis deaths to no more than 13 per
100,000.
“(9) Reduce drug-related deaths to no more than 3 per
100,000.
“(10) Reduce pregnancies among girls aged 17 and younger
;o no more than 50 per 1,000 adolescents.
“(11) Reduce suicide among men to no more than 12.8
Der 100,000.
“(12) Reduce by 15 percent the incidence of injurious suicide
ittempts among adolescents aged 14 through 17.
“(13) Reduce to less than 10 percent the prevalence of
nental disorders among children and adolescents.
“(14) Reduce the incidence of child abuse or neglect to
ess than 25.2 per 1,000 children under age 18.
“(15) Reduce physical abuse directed at women by male
jartners to no more than 27 per 1,000 couples.
“(16) Increase years of healthy life to at least 65 years.
“(17) Reduce deaths caused by unintentional injuries to
10 more than 66.1 per 100,000.
“(18) Reduce deaths caused by motor vehicle crashes to
10 more than 39.2 per 100,000,
“(19) Among children aged 6 months through 5 years,
•educe the prevalence of blood lead levels exceeding 15 ug/dl
md reduce to zero the prevalence of blood lead levels exceeding
J5 ug/dl.
“(20) Reduce dental caries (cavities) so that the proportion
►f children with one or more caries (in permanent or primary
eeth) is no more than 45 percent among children aged 6
hrough 8 and no more than 60 percent among adolescents
iged 15.
“(21) Reduce untreated dental caries so that the proportion
»f children with untreated caries (in permanent or primary
eeth) is no more than 20 percent among children aged 6
hrough 8 and no more than 40 percent among adolescents
iged 15.
“(22) Reduce to no more than 20 percent the proportion
»f individuals aged 65 and older who have lost all of their
latural teeth.
“(23) Increase to at least 45 percent the proportion of
dividuals aged 35 to 44 who have never lost a permanent
noth due to dental caries or periodontal disease.
“(24) Reduce destructive periodontal disease to a prevalence
»f no more than 15 percent among individuals aged 35 to
14.
“(25) Increase to at least 50 percent the proportion of
ihildren who have received protective sealants on the occlusal
chewing) surfaces of permanent molar teeth.
“(26) Reduce the prevalence of gingivitis among individuals
Iged 35 to 44 to no more than 50 percent.
“(27) Reduce the infant mortality rate to no more than
5.5 per 1,000 live births.
“(28) Reduce the fetal death rate (20 or more weeks of
gestation) to no more than 4 per 1,000 live births plus fetal
I _ i.1- -
STAT. 4528
PUBLIC LAW 102-573— OCT. 29, 1992
“(29) Reduce the maternal mortality rate to no more than
3.3 per 100,000 hve births.
“(30) Reduce the incidence of fetal alcohol syndrome to
no more than 2 per 1,000 live births.
“(31) Reduce stroke deaths to no more than 20 per 100,000.
“(32) Reverse the increase in end-stage renal disease
(requiring maintenance dialysis or transplantation) to attain
an incidence of no more than 13 per 100,000.
“(33) Reduce breast cancer deaths to no more than 20.6
per 100,000 women.
“(34) Reduce deaths from cancer of the uterine cervix to
no more than 1.3 per 100,000 women.
“(35) Reduce colorectal cancer deaths to no more than
13.2 per 100,000.
‘l36) Reduce to no more than 11 percent the proportion
of in^viduals who experience a hmitation in major activity
due to chronic conditions.
“(37) Reduce significant hearing impairment to a preva¬
lence of no more than 82 per 1,000.
“(38) Reduce significant visual impairment to a prevalence
of no more than 30 per 1,000.
“(39) Reduce (uabetes-related deaths to no more than 48
per 100,000.
“(40) Reduce diabetes to an incidence of no more than
2.5 per 1,000 and a prevalence of no more than 62 per 1,000.
“(41) Reduce the most severe complications of* diabetes
as follows;
“(A) End-stage renal disease, 1.9 per 1,000.
“(B) Blindness, 1.4 per 1,000.
“(C) Lower extremity amputation, 4.9 per 1,000.
“(D) Perinatal mort^ty, 2 percent.
“(E) Major congenital malformations, 4 percent.
“(42) Confine annual incidence of diagnosed AIDS cases
to no more than 1,000 cases.
“(43) Confine the prevalence of HIV infection to no more
than 100 per 100,000.
“(44) Reduce gonorrhea to an incidence of no more than
225 cases per 100,000.
“(45) Reduce chlamydia trachomatis infections, as meas¬
ured by a decrease in the incidence of nongonococcal urethritis
to no more than 170 cases per 100,000.
“(46) Reduce primary and secondary syphilis to an
incidence of no more than 10 cases per 100,000.
“(47) Reduce the incidence of pelvic inflammatory disease,
as measured by a reduction in hospitalization for pelvic inflam¬
matory disease to no more than 250 per 100,000 women aged
15 through 44.
“(48) Reduce viral hepatitis B infection to no more than
40 per 100,000 cases.
“(49) Reduce indigenous cases of vaccine-preventable dis¬
eases as follows:
“(A) Diphtheria among individuals aged 25 and
yoimger, 0.
“(B) Tetanus among individuals aged 25 and younger,
0.
“(C) Poho (wild-lype virus), 0.
PUBLIC LAW 102-573— OCT. 29, 1992
106 STAT. 4529
“(E) Rubella. 0.
“(F) Congenital Rubella Syndrome, 0.
“(G) Mumps, 500.
“(H) Pertussis, 1,000.
“(50) Reduce epidemic-related pneumonia and influenza
deaths among individuals aged 65 and older to no more than
7.3 per 100,000.
“(51) Reduce the number of new carriers of viral hepatitis
B among Alaska Natives to no more than 1 case.
“(52) Reduce tuberculosis to an incidence of no more than
5 cases per 100,000.
“(53) Reduce bacterial meningitis to no more than 8 cases
per 100,000.
“(54) Reduce infectious diarrhea by at least 25 percent
among children.
“(55) Reduce acute middle ear infections among children
aged 4 and younger, as measured by days of restricted activity
or school absenteeism, to no more than 105 days per 100
children.
“(56) Reduce cigarette smoking to a prevalence of no more
than 20 percent.
“(57) Reduce smokeless tobacco use by youth to a preva¬
lence of no more than 10 percent.
“(58) Increase to at least 65 percent the proportion of
Earents and caremvers who use feeding practices that prevent
aby bottle tooth decay.
“(59) Increase to at least 75 percent the proportion of
mothers who breast feed their babies in the early postpartum
Eeiiod, and to at least 50 percent the proportion who continue
reast feeding until their babies are 5 to 6 months old.
“(60) Increase to at least 90 percent the proportion of
pregnant women who receive prenatal care in the first trimester
of pregnancy.
“(61) Increase to at least 70 percent the proportion of
individuals who have received, as a minimum within the appro¬
priate interval, all of the screening and immunization services
and at least one of the counseling services appropriate for
their age and gender as recommended by the United States
Preventive Services Task Force.
“(c) It is the intent of the Congress that the Nation increase
proportion of all degrees in the health professions and allied
associated health profession fields awarded to Indians to 0.6
lent.
“(d) The Secretary shall submit to the President, for inclusion
ach report required to be transmitted to the Congress under
ion 801, a report on the progress made in each area of the
rice toward meeting each of the objectives described in sub¬
ion (b).”.
(c) Definitions.— Section 4 of the Act (25 U.S.C. 1603) is
mded by adding at the end the following new subsections:
“(m) ‘Service area’ means the geographical area served by each
i office.
“(n) ‘Health profession’ means family medicine, internal medi-
, pediatrics, geriatric medicine, obstetrics and gynecology,
latric medicine, nursing, public health nursing, dentistry, psy-
try, osteopathy, optometry, pharmacy, psychology, public health,
al work, marriage and family therapy, chiropractic medicine.
Reports.
6 STAT. 4530 PUBLIC LAW 102-573— OCT. 29, 1992
environmental health and engineering, and allied health profes¬
sions.
“(o) ‘Substance abuse’ includes inhalant abuse.
“(p) ‘FAE’ means fetal alcohol effect.
“(q) ‘FAS’ means fetal alcohol syndrome.”.
TITLE I— INDIAN HEALTH
PROFESSIONALS
SEC. 101. PURPOSE.
Section 101 of the Act (25 U.S.C. 1611) is amended to read
as follows:
“PURPOSE
“Sec. 101. The purpose of this title is to increase the number
of Indians entering the health professions and to assure an adequate
supply of health professionals to the Service, Indian tribes, tribal
organizations, and urban Indian organizations involved in the provi¬
sion of health care to Indian people.”.
SEC. 102. HEALTH PROFESSIONS.
(a) Recruitment Program. — Section 102(a) of the Act (25
U.S.C. 1612(a)) is amended —
(1) by amending paragraph (1) to read as follows:
“(1) identifying Indians with a potential for education or
training in the health professions and encouraging and assist¬
ing them —
“(A) to enroll in courses of study in such health profes¬
sions; or
“(B) if they are not qualified to enroll in any such
courses of study, to undertake such postsecondary edu¬
cation or training as may be required to qualify them
for enrollment;”;
(2) in paragraph (2) —
(A) by striking out “school” both places it appears
and inserting in lieu thereof the following: “course of study”;
and
(B) by striking out “clause (1)(A)” and inserting in
lieu thereof the following: “paragraph (1)”; and
(3) in paragraph (3)—
(A) by striking out “Indians,” and inserting in lieu
thereof “Indians in,”;
(B) by inserting a comma before “courses”;
(C) by striking out “, in any school”; and
(D) by striking out “clause (1)(A)” and inserting in
lieu thereof the following: “paragraph (1)”.
(b) Preparatory Scholarship Program.— Section 103 of the
Act (25 U.S.C. 1613) is amended —
(1) by amending subsection (a)(2) to read as follows:
“(2) have demonstrated the capability to successfully com¬
plete courses of study in the health professions.”;
(2) in subsection (b)(1), by inserting before the period at
the end the following: “on a full-time basis (or the peirt-time
equivalent thereof, as determined by the Secretary)”;
(3) by amending subsection (b)(2) to read as follows:
PUBLIC LAW 102-573— OCT. 29, 1992
106 STAT. 4531
“(2) Pregraduate education of any grantee leading to a
baccalaureate degree in an approved course of study pre¬
paratory to a field of study in a health profession, such scholar¬
ship not to exceed 4 years (or the part-time equivalent thereof,
as determined by the Secretary).”;
(4) in subsection (c), by striking out “full time”; and
(5) by amending subsection (e) to read as follows:
“(e) The Secretary shall not deny scholarship assistance to
eligible applicant under this section solely by reason of such
jhcant’s eligibility for assistance or benefits under any other
leral program.”.
(c) Health Professions Scholarships.— Section 104 of the
: (25 U.S.C. 1613a) is amended —
(1) in subsection (a) —
(A) by striking out “Indian communities” and inserting
in lieu thereof the following: “Indians, Indian tribes, trib^
organizations, and urban Indian organizations”;
(B) by striking out “full time” and inserting in heu
thereof the following: “full or part time”; and
(C) by striking out “of medicine” and all that follows
through “social work” and inserting in heu thereof the
following: “and pursuing courses of study in the health
professions”;
(2) in subsection (b) —
(A) in paragraph (2) —
(i) by sti^ng out “full time” and inserting in
heu thereof “full or part time”; and
(ii) by striking out “health profession school” and
inserting in heu thereof “course of study”;
(B) in paragraph (3) —
(i) by stril^g “(3)” and inserting “(3)(A)”;
(h) by redesignating subparagraphs (A), (B), (C),
and (D) as clauses (i), (u), (hi), and (iv), respectively;
and
(hi) by inserting at the end the foUowing new
subparagraphs:
“(B) A recipient of an Indian Health Scholarship may, at the
ction of the recipient, meet the active duty service obhgation
iscribed under section 338C of the Pubhc Health Service Act
! U.S.C. 254m) by service in a program specified in subparagraph
I that —
“(i) is located on the reservation of the tribe in which
the recipient is enroUed; or
“(h) serves the tribe in which the recipient is enroUed.
“(C) Subject to subparagraph (B), the Secretary, in making
ugnments of Indian HealSi Scholarship recipiente required to
set the active duty service obligation prescribed under section
3C of the Public Health Service Act (42 U.S.C. 254m), shall
^e priority to assigning individuals to service in those programs
jcified in subparagraph (A) that have a need for health profes-
nals to provide health care services as a result of individuals
ving breached contracts entered into under this section.”; and
(C) by adding at the end the following new paragraph:
“(4) In the case of an individual receiving a scholarship under
s section who is enrolled part time in an approved course of
idy—
106 STAT. 4532
PUBLIC LAW 102-573--OCT. 29, 1992
Establishment.
25 use 1613a
note.
"(A) such scholarship shall be for a period of years not
to exceed the part-time equivalent of 4 years, as determined
by the Secretary;
the period of obligated service specified in section
338A(fXl)(BXiv) of the Pubhc Health Service Act (42 U.S.C.
254m(f)(l)(B)(iv)) shall be equal to the greater of—
“(i) the p£irt-time equivalent of one year for each year
for Avhich the individual was provided a scholarship (as
determined by the Secretary); or
“(ii) two years; and
“(C) the amount of the monthly stipend specified in section
338A(g)(l)(B) of the Public Health Service Act (42 U.S.C.
254m(g)(l)(B)) shall be reduced pro rata (as determined by
the Secretary) based on the number of hours such student
is enrolled.”;
(3) by amending subsection (c) to read as follows;
“(c) The Secretary shall, acting through the Service, establish
a Placement Office to develop and implement a national policy
for the placement, to available vacancies within the Service, of
Indian Health Scholarship recipients required to meet the active
duty service obligation prescribed under section 338C of the Public
Health Service Act (42 U.S.C. 254m) without regard to any competi¬
tive personnel system, agency personnel limitation, or Indian pref¬
erence policy.”; and
(4) by striking out subsection (d).
(d) Effective Date. — ^The amendments made by subsection
(c)(1)(C) and subsection (c)(2)(B) shall apply with respect to scholar¬
ships granted under section 104 of the Indian Health Care Improve¬
ment Act after the date of the enactment of this Act.
(e) Extern Program.— Section 105 of the Act (25 U.S.C. 1614)
is amended —
(1) in subsection (a), by striking out “section 757 of the
Public Health Service Act” and inserting in lieu thereof “section
104”; and
(2) in subsection (b), by striking out “school of medicine”
and all that follows through “health professions” and inserting
in lieu thereof “course of study in the health professions”.
SEC. 103. BREACH OF CONTRACT PROVISIONS RELATING TO INDIAN
HEALTH SCHOLARSHIPS.
Section 104(b) of the Act (25 U.S.C. 1613a(b)) (as amended
by section 102(c) of this Act) is amended by adding at the end
the following new paragraph:
“(5)(A) An individual who has, on or after the date of ffie
enactment of this paragraph, entered into a written contract with
the Secretary under this section and who —
“(i) fails to maintain an acceptable level of academic stand¬
ing in the educational institution in which he is enrolled (such
level determined by the educational institution under regula¬
tions of the Secretary),
“(ii) is dismissed from such educational institution for dis¬
ciplinary reasons,
“(iii) voluntarily terminates the training in such an edu¬
cational institution for which he is provided a scholarship under
such contract before the completion of such training, or
PUBLIC LAW 102-573— OCT. 29, 1992
106 STAT. 4533
“(iv) fails to accept pa5maent, or instructs the educational
institution in which he is enrolled not to accept pa5maent,
in whole or in part, of a scholarship under such contract,
in lieu of any service obligation arising under such contract, shall
be liable to the United States for the amount which has been
paid to him, or on his behalf, under the contract.
“(B) If for any reason not specified in subparagraph (A) an
individual breaches his written contract by failing either to begin
such individual’s service obligation under this section or to complete
such service obligation, the United States shall be entitled to recover
from the individual an amount determined in accordance with the
formula specified in subsection (1) of section 108 in the manner
provided for in such subsection.”.
SEC. 104. NURSING.
(a) Continuing Education Allowances.— Section 106(a) of
the Act (25 U.S.C. 1615(a)) is amended by inserting “nurses,” after
“dentists ”.
(b) Quentin N. Burdick American Indians Into Nursing
Program.— Section 112 of the Act (25 U.S.C. 1616e) is amended —
(1) by redesi^ating subsections (e) and (f) as subsections
(f) and (g), respectively; and
(2) by inserting after subsection (d) the following new sub¬
section:
“(e) The Secretary shall provide one of the grants authorized
under subsection (a) to establish and maintain a program at the
University of North Dakota to be known as the ‘Quentin N. Burdick
American Indians Into Nursing Program’. Such program shall, to
the maximum extent feasible, coordinate with the Quentin N. Bur¬
dick Indian Health Programs established under section 114(b) and
the Quentin N. Burdick American Indians Into Psychology Program
established under section 217(b).”.
(c) Training for Nurse Midwtves, Nurse Anesthetists, and
Nurse Practitioners. — Section 112(g) of the Act (25 U.S.C.
1616e(g)) (as redesignated by subsection (b)(1) of this section) is
amended to read as follows:
“(g) Bemnning with fiscal year 1993, of the amounts appro¬
priated under the authority of this title for each fiscal year to
be used to carry out this section, not less than $1,000,000 shall
be used to provide grants under subsection (a) for the training
of nurse midwives, nurse anesthetists, and nurse practitioners.’.
(d) Retention Bonus for Nurses.— Section 117 (25 U.S.C.
1616j) of the Act is amended —
(1) by redesignating subsections (b) through (e) as sub¬
sections (c) through (f), respectively;
(2) by adding after subsection (a) the following new sub¬
section (b):
“(b) Begimiing with fiscal year 1993, not less than 25 percent
of the retention bonuses awarded each year under subsection (a)
shall be awarded to nurses.”; and
(3) by amending subsection (f) (as amended by paragraph
(1)) to read as follows:
“(f) The Secretary may pay a retention bonus to any physidan
or nurse employed by an organization providing health care services
to Indians pursuant to a contract under the Indian Self-Determina¬
tion Act if such physidan or nurse is serving in a position which
the Secretary determines is —
Colleges and
universities.
Grants.
106 STAT. 4534
PUBLIC LAW 102-573— OCT. 29, 1992
25 use 1616k.
25 use 1616e-l.
“(1) a position for which recruitment or retention is difiBcult;
and
“(2) necessary for providing health care services to
Indians.”.
(e) RESiDENeY Program. — Title I of the Act is amended by
adding at the end the following new section:
“NURSING RESIDENCY PROGRAM
“Sec. 118. (a) The Secretary, acting through the Service, shall
establish a program to enable licensed practical nurses, licensed
vocational nurses, and registered nurses who are working in an
Indian health program (as defined in section 108(a)(2)(A)), and
have done so for a period of not less than one year, to pursue
advanced training.
“(b) Such program shall include a combination of education
and work study in an Indian health program (as defined in section
108(a)(2)(A)) leading to an associate or bachelor^s depp-ee (in the
case of a licensed practical nurse or licensed vocational nurse)
or a bachelor’s degree (in the case of a registered nurse).
“(c) An individual who participates in a program under sub¬
section (a), where the educational costs are paid by the Service,
shall incur an obligation to serve in an Indian health pro^am
for a period of obUgated service equal to at least three times
the period of time during which the individual participates in such
program. In the event that the individual fails to complete such
obligated service, the United States shall be entitled to recover
from such individual an amount determined in accordance with
the formula specified in subsection (1) of section 108 in the manner
provided for in such subsection.”.
(f) Grants for the Provision of Primary Care Services
ON OR Near Indian Country.— Title I of the Indian Health Care
Improvement Act (25 U.S.C. 1601 et seq.) is amended by adding
immediately after section 112 the following new section:
“NURSING SCHOOL CLINICS
“Sec. 112A. (a) Grants. — In addition to the authority of the
Secretary under section 112(a)(1), the Secretary, acting through
the Service, is authorized to provide grants to public or private
schools of nursing for the purpose of establismng, developing,
operating, and administering clinics to address the health care
needs of Indians, and to provide primary health care services to
Indians who reside on or within 50 miles of Indian country, as
defined in section 1151 of title 18, United States Code.
“(b) Purposes. — Grants provided under subsection (a) may be
used to —
“(1) establish clinics, to be run and staffed by the faculty
and students of a grantee school, to provide primary care serv¬
ices in areas in or within 50 miles of Indian country (as defined
in section 1151 of title 18, United States Code);
“(2) provide clinical training, program development, faculty
enhancement, and student scholarships in a manner that would
benefit such clinics; and
“(3) carry out any other activities determined appropriate
by the Secretary.
PUBLIC LAW 102-573— OCT. 29, 1992
106 STAT. 4535
“(c) Amount and Conditions.— The Secretary may award
grants under this section in such amounts and subject to such
conditions as the Secretary deems appropriate.
“(d) Design. — ^The clinics estaolished under this section shall
be designed to provide nursing students with a structured clinical
experience that is similar in nature to that provided by residency
training programs for physicians.
“(e) Regulations. — ^The Secretary shall prescribe such regula¬
tions as may be necessary to carry out the provisions of this section.
“(f) Authorization To Use Amounts.— Out of amounts appro¬
priated to carry out this title for each of the fiscal years 1993
through 2000 not more than $5,000,000 may be used to carry
out tins section.”.
SEC. 106. MAINTENANCE OF COMMUNITY HEALTH REPRESENTATIVE
PROGRAM.
Section 107(b) of the Act (25 U.S.C. 1616(b)) is amended —
(1) in paragraph (2), in the material preceding subpara¬
graph (A), by inserting “and maintain” after “develop ,
(2) in paragraph (2)(B), by adding at the end the following:
“with appropriate consideration given to lifestyle factors that
have an impact on Indian health status, such as alcoholism,
family dysfunction, and poverty,”;
(3) in paragraphs (3) and (5), by striking out “develop”
each place it appears and inserting in lieu thereof “maintain”;
and
(4) in paragraph (4), by striking out “develop and”.
SEC. 106. CHANGES TO INDIAN HEALTH SERVICE LOAN REPAYMENT
PROGRAM.
(a) Eligibility Requirements. — Section 108 of the Act (25
U.S.C. 1616a(b)) is amended —
(1) in subsection (a)(1), by striking out “physicians,” and
all that follows through “professionals” and inserting in lieu
thereof “health professionals”; and
(2) in subsection (b) —
(A) in paragraph (1)(A) —
(i) by amending clause (i) to read as follows:
“(i) in a course of study or program in an accredited
institution, as determined by the Secretary, within any
State and be scheduled to complete such course of study
in the same year such individual applies to participate
in sudi program; or”; and
(ii) in clause (ii), by striking out “medicine” and
all that follows through “health profession” and insert¬
ing in lieu thereof the following: “a health profession”;
(B) in paragraph (1)(B) —
(i) by inserting “and” at the end of clause (i),
by striking out clause (ii), and by redesignating clause
(iii) as clause (ii);
(ii) in clause (i), by striking out “medicine, osteop¬
athy, dentistry, or other health profession” and insert¬
ing in lieu thereof the following: “a health profession”;
and
(iii) in clause (ii) (as redesignated by clause (i)
of this subparagraph), by striking out “medicine,
osteopathy, dentistry, or other healm profession” and
4536
PUBLIC LAW 102-573— OCT. 29, 1992
inserting in lieu thereof the following: “a health profes¬
sion”; and
(C) in paragraph (2), by inserting “and” at the end
of subpara^aph (D), by striking out paragraphs (3) and
(4), and by inserting after paragraph (2) the following:
“(3) submit to the Secretary an application for a contract
described in subsection (f).”.
(b) Priority.— Section 108(d) of the Act (25 U.S.C. 1616a(d))
is amended —
(1) in paragraph (1), by striking out “The” and inserting
“Consistent with paragraph (3), the”; and
(2) by adding at the end the following new paragraph:
“(3)(A) Subject to subparagraph (B), of the tot^ amounts
appropriated for each of the fiscal years 1993, 1994, and 1995
for loan repayment contracts under this section, the Secretary
shall provide that —
“(i) not less than 25 percent be provided to applicants
who are nurses, nurse practitioners, or nurse midwives;
and
“(ii) not less than 10 percent be provided to applicants
who are mental health professionals (other than applicants
described in clause (i)).
“(B) The requirements specified in clause (i) or clause (ii)
of subparagraph (A) shall not apply if the Secretaiy does not
receive the number of applications from the individuals
described in clause (i) or clause (ii), respectively, necessary
to meet such requirements.”.
(c) Becoming a Participant.— Paragraph (1) of section 108(e)
(25 U.S.C. 1616a(e)) is amended to read as follows:
“(1) An individual becomes a participant in the Loan Repayment
Program only upon the Secretary and the individual entering into
a written contract described in subsection (f).”.
(d) Extension of Obligated Service.— Paragraph (2)(A) of
section 108(e) (25 U.S.C. 1616a(e)) is amended by inserting before
the semicolon the following: “, including extensions resulting in
an aggregate period of obligated service in excess of 4 years”.
(e) Clarification Regarding Undergraduate Loans.— Para¬
graph (1) of section 108(g) (25 U.S.C. 1616a(g)) is amended in
the matter preceding subparagraph (A) by striking out “loans
received by the individual for — and inserting in lieu thereof “loans
received by the individual regarding the undergraduate or graduate
education of the individual (or both), which loans were made for —
(f) Payment.— Section 108(g)(2)(A) (25 U.S.C. 1616a(g)(2)(A))
is amended to read as follows:
“(2)(A) For each year of obligated service that an individual
contracts to serve under subsection (f) the Secretary may pay up
to $35,000 (or an amount equal to the amount specified in section
338B(g)(2)(A) of the Public Health Service Act) on behalf of the
individual for loans described in paragraph (1). In making a deter¬
mination of the amount to pay for a year of such service by an
individual, the Secretary shall consider the extent to which each
such determination —
“(i) affects the ability of the Secretary to maximize the
number of contracts that can be provided under the Loan
Repa5nnent Program from the amounts appropriated for such
contracts;
PUBLIC LAW 102-573— OCT. 29, 1992
106 STAT. 4537
“(ii) provides an incentive to serve in Indian health pro¬
grams vnth the greatest shortages of health professionals; and
“(iii) provides an incentive with respect to the health profes¬
sional involved remaining in an Indian health program vnth
such a health professional shortage, and continuing to provide
primary health services, after the completion of the period
of obligated service under the Loan Repayment Program.”.
(g) Tax Liability.— <1) Paragraph (3) of section 108(g) (25
U.S.C. 1616a(g)(3)) is amended to read as follows:
“(3) For the purpose of providing reimbursements for tax liabil¬
ity resulting from payments under paragraph (2) on behalf of an
individual, the Secretary —
“(A) in addition to such payments, may make payments
to the individual in an amount not less than 20 percent and
not more than 39 percent of the total amount of loan repay¬
ments made for the taxable year involved; and
“(B) may make such additional payments as the Secretary
determines to be appropriate with respect to such purpose.”.
(2) The amendment made by paragraph (1) shall apply only
vnth respect to contracts under section 108 of the Indian Health
Care Improvement Act entered into on or after the date of enact¬
ment of this Act.
(h) Staffing Needs.— Section 108(k) (25 U.S.C. 1616a(k)) is
amended to read as follows:
“(k) The Secretary, in assigning individuals to serve in Indian
health programs pursuant to contracts entered into imder this
section, shall —
“(1) ensure that the staffing needs of Indian health pro¬
grams administered by an Indian tribe or tribal or health
organization receive consideration on an equal basis with pro¬
grams that are administered directly by the Service; and
“(2) give priority to assigning individuals to Indian health
programs that have a need for health professionals to provide
health care services as a result of individuals having breached
contracts entered into xmder this section.”.
(i) Annual Report. — Subsection (n) of section 108 is amended
to read as follows:
“(n) The Secretary shall submit to the President, for inclusion
in each report required to be submitted to the Congress under
section 801, a report concerning the previous fiscal year which
sets forth —
“(1) the health professional positions maintained by the
Service or by tribal or Indian organizations for which recruit¬
ment or retention is difficult;
“(2) the number of Loan Repayment Pro^am applications
filed with respect to each type of health profession;
“(3) the number of contracts described in subsection (f)
that are entered into with respect to each health profession;
“(4) the amount of loan payments made under this section,
in total and by health profession;
“(5) the number of scholarship grants that are provided
under section 104 with respect to each health profession;
“(6) the amount of scholarship grants provided under sec¬
tion 104, in total and by health profession;
“(7) the number of providers of he^th care that will be
needed by Indian health programs, by location and profession.
25 use 1616a
note.
6 STAT. 4538
PUBLIC LAW 102-573--OCT. 29, 1992
use I616a-1.
during the three fiscal years beginning after the date the report
is filed; and
“(8) the measures the Secretary plans to take to fill the
health professional positions maintained by the Service or by
tribes or tribal or Indian organizations for which recruitment
or retention is difficult.”.
SEC. 107. RECRUITMENT ACTITVITIES.
Section 109 of the Act (25 U.S.C. 1616b) is amended —
U) by amending the heading to read as follows:
“RECRUITMENT ACTIVITIES”; AND
(2) by amending subsection (b) to read as follows:
“(b) The Secretary, acting through the Service, shall assim
one individual in each area office to be responsible on a fml-
time basis for recruitment activities.”.
SEC. 108. ADVANCED TRAINING AND RESEARCH.
Section 111 of the Act (25 U.S.C. 1616d) is amended —
(1) in subsection (b), by amending the last sentence to
read as follows: “In such event, with respect to individuals
entering the program after the date of the enactment of the
Indian Health Amendments of 1992, the United States shall
be entitled to recover from such individual an amount to be
determined in accordance with the formula specified in sub¬
section (1) of section 108 in the manner provided for in such
subsection.”; and
(2) by striking out subsection (d).
SEC. 109. INMED PROGRAM.
Section 114(b) of the Act (25 U.S.C. 1616g(b)) is amended —
(1) by inserting after “North Dakota,” the following: “to
be Imown as the ‘Quentin N. Burdick Indian Health Pro¬
grams’,”; and
(2) by adding at the end the following: “Such program
shall, to the maximum extent feasible, coordinate with the
Quentin N. Burdick American Indians Into Psycholo^ Program
established under section 217(b) and the Quentin N. Burdick
American Indians Into Nursing Program established under sec¬
tion 112(e).”.
SEC. 110. SCHOLARSHIP AND LOAN REPAYMENT RECOVERY FUND.
Title I of the Act is amended by inserting after section 108
the following new section:
“scholarship and loan repayment recovery fund
“Sec. 108A. (a) There is established in the Treasury of the
United States a fund to be known as the Indian Health Scholarship
and Loan Repayment Recovery Fund (hereafter in this section
referred to as the ‘Fund’). The Fund shall consist of such amounts
as may be appropriated to the Fxmd under subsection (b). Amounts
appropriated for the Fund shall remain available until expended.
“(b) For each fiscal year, there is authorized to be appropriated
to the Fund an amount equal to the sum of —
“(1) the amount collected during the preceding fiscal year
by the Federal Government pursuant to —
106 STAT. 4539
PUBLIC LAW 102-573— OCT. 29, 1992
(A) th© liability of individuals under subparagraph
(A) or (B) of section 104(b)(5) for the breach of contracts
entered into under section 104; and
“(B) the liability of individuals under section 108(1)
for the breach of contracts entered into under section 108*
and ’
“(2) the aggregate amount of interest accruing during the
preceding fiscal year on obligations held in the Fund pursuant
to subsection (d) and the amount of proceeds from the sale
or redemption of such obligations during such fiscal year.
“(c)(1) Amounts in the Fund and available pursuant to appro-
iation Acts may be expended by the Secretary, acting through
e Service, to make payments to an Indian tribe or tribal organiza-
m administering a health care program pursuant to a contract
tered into under the Indian Self-Determination Act —
“(A) to which a scholarship recipient under section 104
or a loan repayment program participant under section 108
has been assigned to meet the obligated service requirements
pursuant to sections; and
“(B) that has a need for a health professional to provide
health care services as a result of such recipient or participant
having breached the contract entered into under section 104
or section 108.
“(2) An Indian tribe or tribal organization receiving payments
irsuant to paragraph (1) may expend the payments to recruit
id employ, directly or by contract, health professionals to provide
lalth care services.
“(d)(1) The Secretary of the Treasury shall invest such amoimts
the Fund as such Secretary determines are not required to
et current withdrawals from the Fund. Such investments may
) made only in interest-bearing obligations of the United States.
)r such purpose, such obligations may be acquired on original
sue at the issue price, or by purchase of outstanding obligations
, the market price.
“(2) Any obligation acquired by the Fund may be sold by the
jcretary of the TYeasury at the market price.”.
SC. 111. COMMUNITY HEALTH AIDE PROGRAM.
Title I of the Act (as amended by section 104 of this Act)
amended by adding at the end the following new section:
“COMMUNITY HEALTH AIDE PROGRAM FOR ALASKA
“Sec. 119. (a) Under the authority of the Act of November
1921 (25 U.S.C. 13; popularly known as the Snyd^ Act), the
cretary shall maintain a Community Health Aide Program in
aska under which the Service — „ . , , -kt x- u n-i.
“(1) provides for the training of Alaska Natives as heaitn
aides or community health practitioners; . , , . . r
“(2) uses such aides or practitioners in the provision oi
health care, health promotion, and disease prevention services
to Alaska Natives living in villages in rural Alaska; and
“(3) provides for the estabhshment of telecoraerencmg
capacity in health clinics located in or near such villages for
use by community health aides or commumty health practition-
‘Tbj The Secretary, acting through the Community Health Aide
'ogram of the Service, shall —
Investments.
25 use 1616Z.
106 STAT. 4540
PUBLIC LAW 102-573— OCT. 29, 1992
Establishment.
25 use 1616m.
“(1) using trainers accredited by the Program, provide a
high standard of training to community health aides and com¬
munity health practitioners to ensure that such aides and
practitioners provide quality health care, health promotion,
and disease prevention services to the villages served by the
Program;
“(2) in order to provide such training, develop a curriculum
that —
“(A) combines education in the theory of health care
with supervised practical experience in the provision of
health care;
“(B) provides instruction and practical experience ' in
the provision of acute care, emergency care, health pro¬
motion, disease prevention, and the efficient and effective
management of clinic pharmacies, supplies, equipment, and
facilities; and
“(C) promotes the achievement of the health status
objectives specified in section 3(b);
“(3) establish and maintain a (Community Health Aide Cer¬
tification Board to certify as community health aides or commu¬
nity health practitioners individuals who have successfully com¬
pleted the training described in paragraph (1) or can dem¬
onstrate equivalent experience;
“(4) develop and maintain a system which identifies the
needs of community health aides and community health
practitioners for continuing education in the provision of health
care, including the areas described in paragraph (2)(B), and
develop programs that meet the needs for such continuing
education;
“(5) develop and maintain a system that provides close
supervision of community health aides and community health
practitioners; and
“(6) develop a system under which the work of community
health aides and community health practitioners is reviewed
and evaluated to assure the provision of quality health care,
health promotion, and disease prevention services.”.
SEC. 112. MATCHING GRANTS TO TRIBES.
Title I of the Act (as amended by section 111 of this Act)
is amended by adding at the end the follovnng new section;
“matching grants to tribes for scholarship programs
“Sec. 120. (a)(1) The Secretary shall make grants to Indian
tribes and tribal Organizations for the purpose of assisting such
tribes and tribal organizations in educating Indians to serve as
health professionals in Indian communities.
“(2) Amounts available for grants under paragraph (1) for any
fiscal year shall not exceed 5 percent of amoimts available for
such fiscal year for Indian Health Scholarships under section 104.
“(3) An application for a gr£int under paragraph (1) shall be
in such form and contain such agreements, assurances, and informa¬
tion as the Secretary determines are necessary to carry out this
section.
“(b)(1) An Indian tribe or tribal organization receiving a grant
under subsection (a) shall agree to provide scholarships to Indians
PUBLIC LAW 102-573— OCT. 29, 1992
106 STAT. 4541
“(2) With respect to the costs of providing any scholarship
pursuant to paragraph (1) —
“(A) 80 percent of the costs of the scholarship shall be
paid from the grant made under subsection (a) to the Indian
tribe or tribal organization; and
“(B) 20 percent of such costs shall be paid from non-Federal
contributions by the Indian tribe or tribal organization through
which the scholarship is provided.
“(3) In determining the amount of non-Federal contributions
that have been provided for purposes of subparagraph (B) of para¬
graph (2), any amounts provided by the Federal Grovemment to
the Indian tribe or tribal organization involved or to any other
entity shall not be included.
“(4) Non-Federal contributions required by subparagraph (B)
of paragraph (2) may be provided directly by the Inthan tribe
or tribal organization involved or through donations from public
and private entities.
“(c) An Indian tribe or tribal organization shall provide scholar¬
ships under subsection (b) only to Indians enrolled or accepted
for enrollment in a course of study (approved by the Secretary)
in one of the health professions described in section 104(a).
“(d) In providing scholarships under subsection (b), the Sec¬
retary and the Indian tribe or tribal organization shall enter into
a written contract with each recipient of such scholarship. Such
contract shall —
“(1) obligate such recipient to provide service in an Indian
health program (as defined in section 108(a)(2)(A)), in the same
service area where the Indian tribe or tribal organization pro¬
viding the scholarship is located, for —
“(A) a number of years equal to the number of years
for which the scholarship is provided (or the part-time
equivalent thereof, as determined by the Secretary), or
for a period of 2 years, whichever period is greater; or
“(B) such greater period of time as the recipient and
the Indian tribe or trib^ organization may agree;
“(2) provide that the amount of such scholarship —
“(A) may be expended only for —
“(i) tuition expenses, other reasonable educational
expenses, and reasonable hving expenses incurred in
attendance at the educational institution; and
“(ii) payment to the recipient of a monthly stipend
of not more than the amount authorized by section
338A(g)(l)(B) of the Public Health Service Act (42
U.S.C. 254m(g)(l)(B)), such amount to be reduced pro
rata (as determined by the Secretary) based on the
number of hours such student is enrolled; and
“(B) may not exceed, for any year of attendance for
which the scholarship is provided, the total ^ount
required for the year for the purposes authorized in sub-
paragraph (A);
“(3) require the recipient of such scholarship to maintain
an acceptable level of academic standing (as determined by
the educational institution in accordance with regulations
issued by the Secretary); £ind
“(4) require the recipient of such scholarship to meet the
educational and licensure requirements necessary to be a physi-
Contracts.
6 STAT. 4542
PUBLIC LAW 102-573— OCT. 29, 1992
cian, certified nurse practitioner, certified nurse midwife, or
physician assistant.
“(e)(1) An individual who has entered into a written contract
with the Secretary and an Indian tribe or tribal organization under
subsection (d) and who —
“(A) fails to maintain an acceptable level of academic stand¬
ing in the educational institution in which he is enrolled (such
level determined by the educational institution under regula¬
tions of the Secretary),
“(B) is dismissed from such educational institution for dis¬
ciplinary reasons,
“(C) voluntarily terminates the training in such an edu¬
cational institution for which he is provided a scholarship under
such contract before the completion of such training, or
“(D) fails to accept payment, or instructs the educational
institution in which he is enrolled not to accept pa5anent,
in whole or in part, of a scholarship under such contract,
in lieu of any service obligation arising under such contract, shEill
be liable to the United States for the Federal share of the amount
which has been paid to him, or on his behalf, under the contract.
“(2) If for any reason not specified in paragraph (1), an individ-
u£l1 breaches his written contract by feuling either to begin such j
individual’s service obligation required under such contract or to
complete such service obligation, the United States shall be entitled j
to recover from the individual an amount determined in accordance ■
with the formula specified in subsection (1) of section 108 in the j
manner provided for in such subsection.
“(3) The Secretary may carry out this subsection on the basis '
of information submitted by the tribes or tribal organizations :
involved, or on the basis of information collected through such
other means as the Secretary determines to be appropriate.
“(f) The recipient of a scholarship under subsection (b) shall
agree, in providing health care pursuant to the requirements of
subsection (d)(1) — i
“(1) not to discriminate against an individual seeking such
care on the basis of the ability of the individual to pay for
such care or on the basis that payment for such care will '
be made pursuant to the program established in title XVIII i
of the Social Security Act or pursuant to the program estab¬
lished in title XIX of such Act; and
“(2) to accept assimment under section 1842(b)(3)(B)(ii)
of the Social Security Act for all services for which payment
may be made imder part B of title XVIII of such Act, and
to enter into an appropriate agreement with the State agency
that administers the State plan for medical assistance under
title XIX of such Act to provide service to individuals entitled
to medical assistance under the plan.
“(g) The Secreta^ may not make any payments under sub¬
section (a) to an Indian tribe or tribal organization for any fiscal
year subsequent to the first fiscal year of such payments unless
the Secretary determines that, for the immediately preceding fiscal
year, the Indian tribe or tribal organization has complied with
requirements of this section.”.
SEC. 113. TRIBAL HEALTH PROGRAM ADMINISTRATION.
Title I of the Act (as amended by section 112 of this j Act)
is amended by adding at the end the following new section:
106 STAT. 4543
PUBLIC LAW 102-573-OCT. 29, 1992
“tribal HEAX.TH PROGRAM ADMINISTRATION
“Sec. 121. The Secretary shall, by contract or otherwise, provide
aining for individuals in the administration and planning of tribEil
salth programs.”.
SC. 114. TRTOALLY CONTROLLED VOCATIONAL mSTITUTIONS.
(a) Nursing Program Grants.— Section 112(a)(2) of the Act
,5 U.S.C. 1616e(a)(2)) is amended bv inserting before the comma
le following: “and tribally controlled postsecondary vocational
istitutions (as defined in section 390(2) of the Tribally Controlled
ocational Institutions Support Act of 1990 (20 U.S.C. 2397h(2))”.
(b) Tribal Culture and History Programs.— Section
13(b)(1) of the Act (25 U.S.C. 1616f(b)(l) is amended by inserting
jfore the comma “and tribally controlled postsecondary vocations
istitutions (as defined in section 390(2) of the TribaUy Controlled
ocational Institutions Support Act of 1990 (20 U.S.C. 2397h(2))”.
EC. 116. CONTINUING EDUCATION ALLOWANCES.
Section 106(b) of the Act (25 U.S.C. 1615(b)) is amended to
3ad as follows:
“(b) Of amounts appropriated under the authority of this title
>r each fiscal year to be used to carry out this section, not more
lan $1,000,000 may be used to establish postdoctoral training
rograms for health professionals.”.
EC. 116. UNIVERSITY OF SOUTH DAKOTA MODEL HEALTH PROGRAM.
Title I of the Act (as amended by section 113 of this Act)
I amended by adding at the end the following new section:
“university of south DAKOTA PILOT PROGRAM
“Sec. 122. (a) The Secretary may make a grant to the School
' Medicine of the University of South Dakota (hereafter in this
sction referred to as TISDSM’) to establish a pilot program on
a Indian reservation at one or more service umts in South Dakota
» address the chronic manpower shortage in the Aberdeen Area
'the Service. ,
“(b) The purposes of the program estabhshed pursuant to a
rant providea under subsection (a) are —
“(1) to provide direct clinical and practical experience at
a service unit to medical students and residents from USDSM
and other medical schools; ^ t j- u
“(2) to improve the quality of health care for Indians by
assuring access to qualified health care professionals; and
“(3) to provide academic and scholarly opportumties for
physicians, physician assistants, nurse practitioners, nurses,
and other £^ed health professionals serving Inman people
by identifying and utUizing all academic and scholarly resources
of the region. . . , j
“(c) The pilot proCTam established pursuant to a grant provideo
nder subsection (a) ^all — . j rxf
“(1) incorporate a program advisory bo^ composed oi
representatives from the tribes and commumties m the area
which will be served by the program; and iTQnQM
“(2) shall be designated as an extension of
campus and program participants shall be ft®
supervision and instruction of quailed
at the service unit who shall be members of the USDSM faculty.
Contracts.
25 use 1616n.
25 use 1616o.
106 STAT. 4544
PUBLIC LAW 102-573— OCT. 29, 1992
“(d) The USDSM shall coordinate the program established pur¬
suant to a grant provided under subsection (a) with other medical
schools in the region, nursing schools, tribal community colleges,
and other health professionEil schools.
“(e) The USDSM, in cooperation with the Service, shall develop
additional professional opportunities for program participants on
Indian reservations in order to improve the recruitment and reten¬
tion of qualified health professionals in the Aberdeen Area of the
Service.”.
SEC. 117. AUTHORIZATION OF APPROPRIATIONS.
(a) Authorization. — ^Title I of the Act (as amended by section
116 of this Act) is amended by adding at the end the following
new section:
“authorization of appropiuations
25 use 1616p.
25 use 1612.
25 use 1614.
25 use 1616a.
25 use 1616c.
25 use 1616f.
25 use 1616g.
25 use 1616h.
25 use 1616i.
“Sse. 123. There are authorized to be appropriated such sums
as may be necessary for each fiscal year through fiscal year 2000
to carry out this title.”.
(b) Conforming Amendments. — Title I of the Act is amended—
(1) in section 102, by striking out subsection (c);
(2) in section 105, by striking out subsection (d);
(3) in section 108, by striking out subsection (o);
(4) in section 110, by striking out subsection (c);
(5) in section 113, by striking out subsection (c);
(6) in section 114, by striking out subsection (e);
(7) in section 115, by striking out subsection (f); and
(8) in section 116, by striking out subsection (e).
TITLE II— HEALTH SERVICES
SEC. 201. INDIAN HEALTH CARE IMPROVEMENT FUND.
(a) In General. — Section 201 of the Act (25 U.S.C. 1621) is
amended —
(1) in subsection (a) —
(A) in the material preceding paragraph (1), by striking
out “subsection (h)” and inserting in lieu thereof “this sec¬
tion”;
(B) by amending paragraph (1) to read as follows:
“(1) eliminating the deficiencies in health status and
resources of all Indian tribes,”; and
(C) in paragraph (4), in the material preceding sub-
paragraph (A) —
(i) by inserting after “responsibihties” the fol¬
lowing: “, either through direct or contract care or
through contracts entered into pursuant to the Indian
Self-Determination Act,”; £md
(ii) by striking out “resources deficiency” and
inserting in lieu thereof the following: “status and
resource deficiencies”;
(2) in subsection (b)—
(A) in paragraph (1), by striking out “subsection (h)”
and inserting in heu thereof “this section”;
(B) by striking out paragraph (2) and redesignating
paragraph (3) as paragraph (2); and
PUBLIC LAW 102-573— OCT. 29, 1992
106 STAT. 4545
(C) in paragraph (2)(A) (as redesignated by subpara¬
graph (B))—
(i) by striking out “subsection (h)” and inserting
in lieu thereof “this section”;
(ii) in the first sentence, by striking out “but such
allocation” through “met”;
(iii) in the second sentence —
(I) by striking out “(in accordance with para¬
graph (2))”; and
(II) by striking out “raise the deficiency level”
and inserting in heu thereof the following: “reduce
the health status and resource deficiency”; and
(D) in paragraph (2)(B) (as redesignated by subpara¬
graph (B)), by inserting after “consultation with” the fol¬
lowing: “, and with the active participation of,”;
(3) in subsection (c) —
(A) by striking out paragraph (1) and redesignating
paragraphs (2), (3), and (4) as paragraphs (1), (2), and
(3) , respectively;
(B) by amending paragraph (1) (as redesignated by
subparagraph (A) above) to read as follows:
“(1) The term ‘health status and resource deficiency means
the extent to which —
“(A) the health status objectives set forth in section
3(b) are not being achieved; and
“(B) the Indian tribe does not have available to it
the health resources it needs, taking into account the actual
cost of providing health care services given local geographic,
climatic, rural, or other circumstances.”; and
(C) in paragraph (3) (as redesignated by subparagraph
(A) above)--
(i) by striking out “Under regulations, the” and
inserting in lieu thereof “The”; and
(ii) by striking out “health resources deficiency
level” and inserting in lieu thereof “extent of the healtn
status and resource deficiency”;
(4) in subsection (d)(1), by striking out “subsection (h)”
and inserting in lieu thereof “this section”;
(5) in subsection (e) —
(A) in the material preceding paragraph (1) —
(i) by striking out “60 days” and inserting in lieu
thereof “3 years”;
(ii) by striking out “Indian Health Care Amend¬
ments of 1988” and inserting in lieu thereof “Indian
Health Amendments of 1992”; and
(iii) by striking out “health services priority sys¬
tem” and inserting in lieu thereof “health status and
resource deficiency’;
(B) in paragraph (1), by striking out “health resources
deficiencies” and inserting in lieu thereof “heEilth status
and resource deficiencies”;
(C) in para^aph (2), by striking out “the level of health
resources deficiency for” and inserting in lieu thereof the
following: “the extent of the health status and resource
deficiency of’;
(D) in paragraph (3), by striking “raise aU” and all
that follows through the semicolon and insert in lieu thereof
106 STAT. 4546
PUBLIC LAW 102-573--OCT. 29, 1992
25 use 1621
note.
25 use 1621a
note.
the following: “eliminate the health status and resource
deficiencies of all Indian tribes served by the Service; and”;
and
(E) by striking out paragraphs (4) and (5) and
redesignating paragraph (6) as para^aph (4); and
(6) in subsection (f), by striking out ^‘(f)Uy' and all that
follows through the paragraph designation for paragraph (2)
and inserting in lieu thereof “(f)”.
(b) Effective Date. — ^Except with respect to the amendments
made by subsection (a)(5), the amendments made by subsection
(a) shEill take effect three years after the date of the enactment
of this Act. The amendments made by subsection (a)(5) shall take
effect upon the date of the enactment of this Act.
(c) Technical Amendment.— The heading for section 201 of
the Act (25 U.S.C. 1621) is amended to read as follows:
“INDIAN HEALTH CARE IMPROVEMENT FUND”.
SEC. 202. CATASTROPfflC HEALTH EMERGENCY FUND.
(a) In General.— Section 202 of the Act (25 U.S.C. 1621a)
is amended —
(1) in subsection (a)(1)(B), by striking out “under subsection
(e)” and inserting in lieu thereof “to the Fund under this
section”;
(2) in subsection (b)(2), by striking out “shall establish
at not less than $10,000 or not more than $20,000;” and insert¬
ing in lieu thereof the following: “shall establish at—
“(A) for 1993, not less than $15,000 or not more than
$25,000; and
“(B) for any subsequent year, not less than the thresh¬
old cost of the previous year increased by the percentage
increase in the medical care expenditure category of the
consiuner price index for all urban consumers (United
States city average) for the 12-month period ending with
December of the previous year;”; and
(3) in subsection (c), by striking out “Funds appropriated
under subsection (e)” and inserting in lieu thereof “Amounts
appropriated to the Fund under this section”.
(b) Effective Date. — The amendment made by subsection
(a)(2) shall take effect January 1, 1993.
SEC. 203. HEALTH PROMOTION AND DISEASE PREVENTION.
Section 203 of the Act (25 U.S.C. 1621b) is amended —
(1) in subsection (a), by inserting before the period at
the end the following: “so as to achieve the health status
objectives set forth in section 3(b)”;
(2) in subsection (b), in the material preceding paragraph
(1), by striking out “section 201(f)” and inserting in lieu thereof
“section 801”; and
(3) by striking out subsection (c).
SEC. 204. DIABETES PREVENTION, TREATMENT, AND CONTROL.
Section 204 of the Act (25 U.S.C. 1621c) is amended —
(1) by amending subsection (c) to read as follows:
“(c)(1) The Secretary shall continue to maintain through fiscEil
year 2000 each model diabetes project in existence on the date
of the enactment of the Indian Headth Amendments of 1992 and
located —
PUBLIC LAW 102-573— OCT. 29, 1992
106 STAT. 4547
“(A) at the Claremore Indian Hospital in Oklahoma;
“(B) at the Fort Totten Health Center in North Dakota;
“(C) at the Sacaton Indian HospitEil in Arizona;
“(D) at the Winnebago Indian Hospital in Nebraska;
“(E) at the Albuquerque Indian Hospital in New Mexico;
“(F) at the Perry, Princeton, and Old Town Health Centers
in Maine;
“(G) at the Bellingham Health Center in Washington;
“(H) at the Fort Berthold Reservation;
“(I) at the Navajo Reservation;
“(J) at the Papago Reservation;
“(K) at the Zuni Reservation; or
“(L) in the States of Alaska, California, Minnesota, Mon¬
tana, Oregon, or Utah.
“(2) The Secretary may establish new model diabetes projects
under this section taking into consideration applications received
under this section from all service areas, except that the Secretary
may not establish a greater number of such projects in one service
area than in any other service area until there is an equal number
of such projects established with respect to all service areas from
which the Secretary receives qualified applications during the
appKcation period (as determined by the Secretary).”; and
(2) in subsection (d) —
(A) in paragraph (2), by striking out “and” after the
semicolon;
(B) in paragraph (3), by striking out the period and
inserting in lieu thereof the following: “; and”; and
(C) by adding at the end the following new paragraph:
“(4) evaluate the effectiveness of services provided through
model diabetes projects established under this section.”.
SEC. 206. MENTAL HEALTH PREVENTION AND TREATMENT SERVICES.
Section 209 of the Act (25 U.S.C. 1621h) is amended —
(1) in subsection (j) (as redesignated by section 902(3)(B)
of this Act), by striking out “submit to the Congress an annual
report” and inserting in lieu thereof the following: “submit
to the President, for inclusion in each report required to be
transmitted to the Congress under section 801, a report”; and
(2) by adding at the end the following new subsections:
“(1) Licensing Requirement for Mental Health Care Work¬
ers. — ^Any person employed as a psychologist, social worker, or
marriage and family therapist for the purpose of providing mental
health care services to Indians in a clinical setting under the
authority of this Act or through a contract pursuant to the Indian
Self-Determination Act shall —
“(1) in the case of a person employed as a psychologist,
be licensed as a clinical psychologist or working under the
direct supervision of a licensed clinicEil' psychologist; ^
“(2) in the case of a person employed as a socim worker,
be licensed as a social worker or working under the direct
supervision of a licensed social worker; or
“(3) in the case of a person employed as a marriage and
family therapist, be licensed as a marriage and family therapist
or working under the direct supervision of a licensed marriage
and family therapist.
“(m) Intermediate Adolescent Mental Health Services.—
(1) The Secretary, acting through the Service, may make grants
Reports.
; STAT. 4548
PUBLIC LAW 102-573— OCT. 29, 1992
use 1621d.
to Indian tribes and tribal organizations to provide intermediate
mental health services to Indian children and adolescents,
including —
“(A) inpatient and outpatient services;
“(B) emergency care;
“(C) suicide prevention and crisis intervention; and
“(D) prevention and treatment of mental illness, and dys¬
functional and self-destructive behavior, including child abuse
and family violence.
“(2) Funds provided under this subsection may be used —
“(A) to construct or renovate an existing health facility
to provide intermediate mental health services;
“(B) to hire mental health professionals;
“(C) to staff, operate, and maintain an intermediate mental
health facility, group home, or youth shelter where intermediate
mental health services are being provided; and
“(D) to make renovations and hire appropriate staff to
convert existing hospital beds into adolescent psychiatric units.
“(3) Funds provided under this subsection may not be used
for the purposes described in section 216(b)(1).
“(4) An Indian tribe or tribal organization receiving a grant
under this subsection shall ensure that intermediate adolescent
mental health services are coordinated with other tribal. Service,
and Bureau of Indian Affairs mental health, alcohol and substance
abuse, and social services programs on the reservation of such
tribe or tribal organization.
“(5) The Secretaiy shall establish criteria for the review and
approval of applications for grants made pursuant to this sub¬
section.
“(6) There are authorized to be appropriated to carry out this
section $10,000,000 for fiscal year 1993 and such sums as may
be necessary for each of the fiscal years 1994, 1995, 1996, 1997,
1998, 1999, and 2000.”.
SEC. 206. NEW STUDIES AND DEMONSTRATION PROGRAM.
(a) Hospice Care. — Title II of the Act is amended by inserting
after section 204 the following;
“HOSPICE CARE FEASIBILITY STUDY
“Sec. 205. (a) The Secretary, acting through the Service and
in consultation with representatives of Indian tribes, tribal
organizations, Indian Health Service personnel, and hospice provid¬
ers, shall conduct a study —
“(1) to assess the feasibility and desirability of furnishing
hospice care to terminally ill Indieins; and
“(2) to determine the most efficient and effective means
of furnishing such care.
“(b) Such study shall —
“(1) assess the impact of Indian culture and beliefs concern¬
ing death and dying on the provision of hospice care to Indians;
“(2) estimate the number of Indians for whom hospice
care may be appropriate and determine the geographic dis¬
tribution of such individuals;
“(3) determine the most appropriate means to facilitate
the participation of Indian tribes and tribal organizations in
PUBLIC LAW 102-573--OCT. 29, 1992
106 STAT. 4549
“(4) identify and evaluate various means for providing hos¬
pice care, including —
“(A) the provision of such care by the personnel of
a Service hospital pursuant to a hospice program estab¬
lished by the Secretary at such hospital; and
“(B) the provision of such care by a commimity-based
hospice program under contract to the Service; and
“(5) identify and assess any difficulties in famishing such
care and the actions needed to resolve such difficulties.
“(c) Not later than the date which is 12 months after the
date of the enactment of this section, the Secretary shall transmit
to the Congress a report containing —
“(1) a detailed description of the study conducted pursuant
to this section; and
“(2) a discussion of the findings and conclusions of such
study.
“(d) For the purposes of this section —
“(1) the term ‘terminally ill’ means any Indian who has
a medical prognosis (as certified by a physician) of a life expect¬
ancy of six months or less; and
“(2) the term ‘hospice program’ means any program which
satisfies the requirements of section 1861(dd)(2) of the Social
Security Act (42 U.S.C. i395x(dd)(2)); and
“(3) the term ‘hospice care’ means the items and services
specified in subparagraphs (A) through (H) of section
1861(dd)(l) of the Social Security Act (42 U.S.C, 1395x(dd)(l)).”.
(b) Managed Care. — Title II of the Act is amended by adt^g
at the end the following new section:
“MANAGED CARE FEASIBILITY STUDY
“Sec. 210. (a) The Secretary, acting through the Service, shall
conduct a study to assess the feasibflity of allowing an Indian
tribe to purchase, directly or through the Service, managed care
coverage for all members of the tribe from —
“(1) a tribally owned and operated managed ceire plan;
or
“(2) a State licensed managed care plan.
“(b) Not later than the date which is 12 months after the
date of the enactment of this section, the Secretary shall transmit
to the Congress a report containing —
“(1) a detailed description of the study conducted pursuant
to this section; and
“(2) a discussion of the findings and conclusions of such
study.”.
(c) Contract Care. — Title II of the Act (as amended by sub¬
section (b) of this Act) is amended by adding at the end the following
new section:
“CALIFORNIA CONTRACT HEALTH SERVICES DEMONSTRATION PROGRAM
“Sec. 211. (a) The Secretary shall establish a demonstration
program to evaluate the use of a contract care intermediary to
improve the accessibility of health services to California Indians.
“(b)(1) In establishing such program, the Secretary shall enter
into an agreement with the California Rural Indian Health Board
to reimburse the Board for costs (including reasonable adnunistra-
tive costs) incurred, during the period of the demonstration pro-
Reports.
25 use 1621i.
Reports.
25 use 1621j.
106 STAT. 4550
PUBLIC LAW 102-573— OCT. 29, 1992
Establishment.
Effective date.
Termination
date.
Reports.
25 use 1621k.
gram, in providing medical treatment under contract to California
Indians described in section 809(b) throughout the (California con¬
tract health services delivery area described in section 810 with
respect to high-cost contract care cases.
“(2) Not more than 5 percent of the amounts provided to the
Board under this section for any fiscal year may be for reimburse¬
ment for administrative expenses incurred by the Board during
such fiscal year.
“(3) No pa;^ent may be made for treatment provided imder
the demonstration program to the extent payment may be made
for such treatment under the Catastrophic He^th Emergency Fund
described in section 202 or from amounts appropriated or otherwise
made available to the California contract health service delivery
area for a fiscal year.
“(c) There is hereby established an advisory board which shall
advise the California Rural Indian Health Board in carrying out
the demonstration pursuant to this section. The advisory board
shall be composed of representatives, selected by the California
Rural Indian Health Board, from not less than 8 tribal health
programs serving California Indians covered under such dem¬
onstration, at least one half of whom are not affiliated with the
California Rural Indian Health Board.
“(d) The demonstration program described in this section shall
begin on January 1, 1993, and shall terminate on September 30,
1997.
“(e) Not later than July 1, 1998, the California RuteiI Indian
Health Board shall submit to the Secretary a report on the dem¬
onstration program carried out under this section, including a state¬
ment of its findings regarding the impact of using a contract care
intermediary on —
“(1) access to needed health services;
“(2) waiting periods for receiving such services; and
“(3) the efficient management of high-cost contract care
cases.
“(f) For the purposes of this section, the term ‘high-cost contract
care cases' means those cases in which the cost of the medical
treatment provided to an individual —
“(1) would otherwise be eligible for reimbursement from
the Catastrophic Health Emergency Fund established under
section 202, except that the cost of such treatment does not
meet the threshold cost requirement established pursuant to
section 202(b)(2); and
“(2) exceeds $1,000.
“(g) There are authorized to be appropriated for each of the
fiscal years 1993, 1994, 1995, 1996, and 1997 such sums as may
be necessary to carry out the purposes of this section.”.
SEC. 207. COVERAGE OF SCREENING MAMMOGRAPHY.
(a) In General. — ^Title II of the Act (as amended by section
206(c) of this Act) is amended by adding at the end the following
new section:
“COVERAGE OF SCREENING MAMMOGRAPHY
“Sec. 212. The Secretary, through the Service, shall provide
for screening mammography (as defined in section 186 Kjj) of the
Social Security Act) for Indian and urban Indian women 36 years
of age or older at a frequency, determined by the Secretary (m
PUBLIC LAW 102-573— OCT. 29, 1992
106 STAT. 4551
nsultation with the Director of the National Cancer Institute),
propriate to such women, and under such terms and conditions
are consistent with standards established by the Secretary to
sure the safety and accuracy of screening mammography under
rt B of title XVIII of the Social Security Act.”.
(b) Conforming Amendment.— Section 201(a)(4)(B) of the Act
5 U.S.C. 1621(a)(4)(B)) is amended by striking the semicolon
the end and inserting the following: including screening mam-
jgraphy in accordance with section 212;”.
;c. 208. PATIENT TRAVEL COSTS.
Title II of the Act (as amended by section 207 of this Act)
amended by adding at the end the following new section:
“patient travel costs
“Sec. 213. (a) The Secretary, acting through the Service, shall 25 USC 16211.
ovide funds for the following patient travel costs associated with
:eiving health care services provided (either through direct or
atract care or through contracts entered into pursuant to the
iian Self-Determination Act) under this Act —
“(1) emergency air transportation; and
“(2) nonemergency air transportation where ground
transportation is infeasible.
“(b) There are authorized to be appropriated to carry out this
;tion $15,000,000 for fiscal year 1993 and such sums as may
necessary for each of the fiscal years 1994, 1995, 1996, 1997,
98, 1999, and 2000.”.
C. 209. THIRD PARTY REIMBURSEMENT.
(a) Recovery by Indian Tribe.— Section 206 of the Act (25
S.C. 162 le) is amended —
(1) by inserting “, an Indian tribe, or a tribal organization”
after “United States” each place it appears;
(2) in subsection (a), by inserting an Indian tribe, or
a tribal organization” after “Service”;
(3) in subsection (a) and subsection (e)(1)(A), by inserting
“, an Indian tribe, or a tribal organization” after “Secretary”
each place it appears; and
(4) in subsection (b), by striking “, or any political sub¬
division of a State,”.
(b) Special Rule With Respect to Self-Insurance Plan.—
tion 206 of the Act (25 U.S.C. 1621e) is amended —
(1) by striking “(a) The” and inserting the following: “(a)
Except as provided in subsection (f), the”; and
(2) by adding at the end the following new subsection:
“(f) The United States shall not have a right of recovery under
IS section if the injury, illness, or disability for which health
rvices were provided is covered under a self-insurance plan funded
an Indian tribe or tribal organization.”.
C. 210. EPIDEMIOLOGY CENTERS.
Title II of the Act (as amended by section 208 of this Act)
amended by adding at the end the following new section:
106 STAT. 4552
PUBLIC LAW 102-573— OCT. 29, 1992
Establishment.
26 use 1621m.
“EPIDEMIOLOGY CENTERS
“Sec. 214. (a)(1) The Secretary shall establish an epidemiology
center in each Service area to carry out the fiinctions described
in paragraph (3).
“(2) To assist such centers in carrying out such functions,
the Secretary shall perform the following;
“(A) In consultation with the Centers for Disease Control
and Indian tribes, develop sets of data (which to the extent
practicable, shall be consistent with the uniform data sets
used by the States with respect to the year 2000 health objec¬
tives) for uniformly defining health status for purposes of the
objectives specified in section 3(b). Such sets shall consist of
one or more categories of information. The Secretary shall
develop formats for the uniform collecting and reporting of
information on such categories.
“(B) Establish and maintain a system for monitoring the
progress made toward meeting each of the health status objec¬
tives described in section 3(b).
“(3) In consultation with Indian tribes and urban Indian com¬
munities, each area epidemiology center established under this
subsection shall, with respect to such area —
“(A) collect data relating to, and monitor progress made
toward meeting, each of the health status objectives described
in section 3(b) using the data sets and monitoring system
developed by the Secretary pursuant to paragraph (2);
“(B) ev^uate existing delivery systems, data systems, and
other systems that impact the improvement of Indian health;
“(C) assist tribes and urban Indian communities in identify¬
ing their highest priority health status objectives and the serv¬
ices needed to achieve such objectives, based on epidemiological
data;
“(D) make recommendations for the targeting of services
needed by tribal, urban, and other Indian communities;
“(E) make recommendations to improve health care delivery
systems for Indians and urban Indians;
“(F) work cooperatively with tribal providers of health £ind
social services in order to avoid duplication of existing services;
and
“(G) provide technical assistance to Indian tribes and urban
Indian organizations in the development of local he^th service
priorities and incidence and prevalence rates of disease and
other illness in the community.
“(4) Epidemiology centers established under this subsection
shall be subject to the provisions of the Indian Self-Determination
Act (25 U.S.C. 450f et seq.).
“(5) The director of the Centers for Disease Control shall provide
technical assistance to the centers in carrying out the requirements
of this subsection.
“(6) The Service shall assign one epidemiologist from each
of its area offices to each area epidemiology center to provide
such center with technical assistance necessary to carry out this
subsection. .
“(b)(1) The Secretary may make grants to Indian tribes, tribal
organizations, and eligible intertribal consortia or Indian organiza¬
tions to conduct epidemiological studies of Indian communities.
PUBLIC LAW 102-573— OCT. 29, 1992
106 STAT. 4553
“(2) An intertribal consortia or Indian organization is eligible
to receive a grant under this subsection if —
“(A) it is incorporated for the primary purpose of improving
Indian health; and
“(B) it is representative of the tribes or urban Indian com¬
munities in which it is located.
“(3) An application for a grant under this subsection shall
be submitted in such manner and at such time as the Secretary
shall prescribe.
“(4) Applicants for grants under this subsection shall —
“(A) demonstrate the technical, administrative, and finan¬
cial expertise necessary to carry out the functions described
in paragraph (5);
“(B) consult and cooperate with providers of related health
and social services in order to avoid duphcation of existing
services; and
“(C) demonstrate cooperation from Indian tribes or urban
Indian organizations in the area to be served.
“(5) A grant awarded under paragraph (1) may be used to —
“(A) carry out the functions described in subsection (a)(3);
“(B) provide information to and consult with tribal leaders,
urbem Indian community leaders, and related health staff, on
health care and health services management issues; and
“(C) provide, in collaboration with tribes and urban Indian
communities, the Service with information regarding ways to
improve the health status of Indian people.
“(6) There are authorized to be appropriated to carry out the
purposes of this subsection not more than $12,000,000 for fiscal
year 1993 and such sums as may be necessary for each of the
fiscal years 1994, 1995, 1996, 1997, 1998, 1999, and 2000.”.
SEC. 211. COMPREHENSIVE SCHOOL HEALTH EDUCATION PROGRAMS.
Title II of the Act (as amended by section 210 of this Act)
is amended by adding at the end the following new section:
“COMPREHENSIVE SCHOOL HEALTH EDUCATION PROGRAMS
“Sec. 215. (a) The Secretary, acting through the Service and
in consultation with the Secretary of the Interior, may award grants
to Indian tribes to develop comprehensive school health education
programs for children from preschool through grade 12 in schools
located on Indian reservations.
“(b) Grants awarded under this section may be used to —
“(1) develop health education curricula;
“(2) train teachers in comprehensive school health edu¬
cation curricula;
“(3) inte^ate school-based, community-based, and other
public and private health promotion efforts;
“(4) encourage healthy, tobacco-free school environments;
“(5) coordinate school-based health programs with existing
services and programs available in the commimity;
“(6) develop school programs on nutrition education, per¬
sonal health, and fitness;
“(7) develop mental health wellness programs;
“(8) develop chronic disease prevention programs;
“(9) develop substance abuse prevention programs;
“(10) develop accident prevention and safety education pro¬
grams;
25 use 1621n.
Reports.
communicable diseases; and
“(12) develop community and environmental health edu¬
cation programs.
“(c) The Secretary shall provide technical assistance to Indian
tribes in the development of health education plans, and the dis¬
semination of health education materials and information on exist¬
ing health programs and resources.
“(d) The Secretary shall establish criteria for the review and
approval of applications for grants made pursuant to this section.
“(e) Recipients of grants under this section shall submit to
the Secretary sui annual report on activities undertaken with funds
provided under this section. Such reports shall include a statement
of —
“(1) the number of preschools, elementary schools, and
secondary schools served;
“(2) the number of students served;
“(3) any new curricula established with funds provided
under this section;
“(4) the number of teachers trained in the health curricula;
and
“(5) the involvement of parents, members of the community,
and community health workers in programs estabhshed with
funds provided under this section.
“(f)(1) The Secretary of the Interior, acting through the Bureau
of Indian Affairs and in cooperation with the Secretary, shall
develop a comprehensive school health education program for chil¬
dren from preschool through grade 12 in schools operated by the
Bureau of Indian Affairs.
“(2) Such program shall include —
“(A) school programs on nutrition education, personal
health, and fitness;
“(B) mental health wellness programs;
“(C) chronic disease prevention programs;
“(D) substance abuse prevention programs;
“(E) accident prevention and safety education programs;
and
“(F) activities for the prevention and control of commu¬
nicable diseases.
“(3) The Secretary of the Interior shall —
“(A) provide training to teachers in comprehensive school
health education curricula;
“(B) ensure the integration and coordination of school-based
programs with existing services and health programs available
in the community; and
“(C) encourage healthy, tobacco-free school environments.
“(g) There are authorized to be appropriated to carry out this
section $15,000,000 for fiscal year 1993 and such sums as may
be necessary for each of the fiscal years 1994, 1995, 1996, 1997,
1998, 1999, and 2000.”.
SEC. 212. INDIAN YOUTH GRANT PROGRAM.
Title II of the Act (as amended by section 211 of this Act)
is amended by adding at the end the following new section;
PUBLIC LAW 102-573— OCT. 29, 1992
106 STAT. 4555
“INDIAN YOUTH GRANT PROGRAM
“Sec. 216. (a) The Secretary, acting through the Service, is
authorized to niEike grants to In^an tribes, tribal organizations,
and urban Indian organizations for innovative mental and physical
disease prevention and health promotion and treatment programs
for Indian preadolescent and adolescent youths.
“(b)(1) Funds made available under this section may be used
to —
“(A) develop prevention and treatment programs for Indian
youth which promote mental and physical health and incor¬
porate cultural values, community and family involvement, and
traditional healers; and
“(B) develop and provide community training and edu¬
cation.
“(2) Funds made available under this section may not be used
to provide services described in section 209(m).
“(c) The Secretapr shall —
“(1) disseminate to Indian tribes information regarding
models for the delivery of comprehensive health care services
to Indian and urban Indian adolescents;
“(2) encourage the implementation of such models; and
“(3) at the request of an Indian tribe, provide technical
assistance in the implementation of such models.
“(d) The Secretary shall establish criteria for the review and
approval of applications under this section.
“(e) There are authorized to be appropriated to carry out this
section $5,000,000 for fiscal year 1993 and such sums as may
be necessary for each of the fiscal years 1994, 1995, 1996, 1997,
1998, 1999, and 2000.”.
SEC. 213. AMERICAN INDIANS INTO PSYCHOLOGY PROGRAM.
Title II of the Act (as amended by section 212 of this Act)
is amended by adding at the end the following new section:
“AMERICAN INDIANS INTO PSYCHOLOGY PROGRAM
“Sec. 217. (a) The Secretary may provide grants to at least
3 colleges and universities for the purpose of developing and
maintaining American Indian psychology career recruitment pro¬
grams as a means of encouraging Inmans to enter the mental
health field.
“(b) The Secretary shall provide one of the grants authorized
under subsection (a) to develop and maintain a program at the
University of North Dakota to be known as the ‘Quentin N. Burdick
American Indians Into Psychology Pro^am’. Such program shall,
to the maximum extent feasible, coordinate with the Quentin N.
Burdick Indian Health Programs authorized under section 114(b),
the Quentin N. Burdick American Indians Into Nursing Program
authorized under section 112(e), and existing university research
and communications networks.
“(c)(1) The Secretary shall issue relations for the competitive
awar^ng of the grants provided under this section.
“(2) Applicants for grants under this section shall agree to
provide a program which, at a minimum —
“(A) provides outreach and recruitment for health profes¬
sions to Indian communities including elementary, secondary
25 use 16210.
25 use 1621p.
Grants.
Regulations.
106 STAT. 4556
PUBLIC LAW 102-573— OCT. 29, 1992
25 use 1621q.
and community colleges located on Indian reservations that
will be served by the program;
“(B) incorporates a program advisory board comprised of
representatives from the tribes and communities that will be
served by the program;
“(C) provides summer enrichment programs to expose
Indian students to the varied fields of psychology through
research, clinical, and experiential activities;
“(D) provides stipends to undergraduate and graduate stu¬
dents to pursue a career in psychology;
“(E) develops affiliation agreements with tribal community
colleges, the Service, university affiliated programs, and other
appropriate entities to enhance the education of Indian stu¬
dents;
“(F) to the maximum extent feasible, utilizes existing uni¬
versity tutoring, counseling and student support services; and
“(G) to the maximum extent feasible, employs qualified
Indians in the program.
“(d) The active duty service obligation prescribed under section
338C of the Public Health Service Act (42 U.S.C. 254m) shall
be met by each graduate student who receives a stipend described
in subsection (c)(2)(D) that is funded by a grant provided under
this section. Such obligation shall be met by service —
“(1) in the Indian Health Service;
“(2) in a program conducted under a contract entered into
under the Indian Self-Determination Act;
“(3) in a program assisted under title V of this Act; or
“(4) in the private practice of psychology if, as determined
by the Secretary, in accordance with guidelines promulgated
by the Secretary, such practice is situated in a physician or
other health professional shortage area and addresses the
health care needs of a substantial number of Indians.”.
SEC. 214. PREVENTION, CONTROL, AND ELIMINATION OF TUBER¬
CULOSIS.
Title II of the Act (as amended by section 213 of this Act)
is amended by adding at the end the following new section:
“PREVENTION, CONTROL, AND ELIMINATION OF TUBERCULOSIS
“Sec. 218. (a) The Secretary, acting through the Service after
consultation with the Centers for Disease Control, may make grants
to Indian tribes and tribal organizations for —
“(1) projects for the prevention, control, and elimination
of tuberculosis;
“(2) public information and education programs for the
prevention, control, and elimination of tuberculosis; and
“(3) education, training, and clinical skills improvement
activities in the prevention, control, and elimination of tuber¬
culosis for health professionals, including aUied health profes¬
sionals.
“(b) The Secretary may make a grant under subsection (a)
only if an application for the grant is submitted to the Secretary
and the application is in such form, is made in such manner,
and contains the assurances required by subsection (c) and such
other agreements, assurances, and information as the Secretary
may require.
PUBLIC LAW 102-573-OCT. 29, 1992
106 STAT. 4557
'c) To be eligible for a grant under subsection (a), an applicant
rovide assurances satisfactory to the Secretary that —
“(1) the apjplicant will coordinate its activities for the pre-
Bntion, control, and elimination of tuberculosis with activities
P the Centers for Disease Control, and State and local health
gencies; and
“(2) the applicant will submit to the Secretary an anmial
jport on its activities for the prevention, control, and elimi-
ation of tuberculosis.
d) In carrying out this section, the Secretary —
“(1) shall establish criteria for the review and approval
' applications for grants under subsection (a), including
jquirement of public health qualifications of applicants;
“(2) shall, subject to available appropriations, make at least
le grant under subsection (a) within each area office;
*(3) may, at the request of an Indian tribe or tribal
"ganization, provide technical assistance; and
“(4) shall prepare and submit a report to the Committee
1 Energy and Commerce and the Committee on Interior and
isular Affairs of the House and the Select Committee on
idian Affairs of the Senate not later than February 1, 1994,
[id biennially thereafter, on the use of funds under this section
[id on the progress made toward the prevention, control, and
imination of tuberculosis among Indian tribes and tribal
•ganizations.
e) The Secretary may, at the request of a recipient of a
under subsection (a), reduce the amount of such grant by —
“(1) the fair market value of £iny supplies or equipment
imished the grant recipient; and
“(2) the amount of the pay, allowances, eind travel expenses
’ any officer or employee of the Government when detailed
t the grant recipient and the amount of any other costs
tcurred in connection with the detail of such officer or
ployee,
the furnishing of such supplies or equipment or the detail
sh an officer or employee is for the convenience of and at
quest of such grant recipient and for the purpose of carrying
program with respect to which the grant under subsection
made. The amount by which any such grant is so reduced
le available for pa3nnent by the Secretary of the costs incurred
nishing the supplies or equipment, or in detailing the person-
1 which the reduction of such grant is based, and such amount
be deemed as part of the grant and shall be deemed to
)een paid to the grant recipient.”.
16. CONTRACT HEALTH SERVICES.
itle II of the Act (as amended by section 214 of this Act)
snded by adding at the end the following new sections:
“contract health services payment study
)EC. 219. (a) The Secretary, acting through the Service mid
sultation with representatives of Indian tribes and tribal
Lzations operating contract health care programs under the
i Self-Determination Act (25 U.S.C. 450f et seq.) or under
ivemance compacts. Service personnel, private contract health
Bs providers, the Indian Health Service Fiscal Intermediary,
her appropriate experts, shall conduct a study —
Reports.
Reports.
25 use 1621r.
6 STAT. 4658
ports.
use 16218.
PUBLIC LAW 102-573— OCT. 29, 1992
V,* identify administrative barriers that
Hinder the timely payment for services delivered by private
contract health services providers to individual Indians bv thp
Service and the Indian Health Service Fiscal Intermecharv
(2) to assess and identify the impact of such delavfi
parents upon the personal credit histories of individual
Indies who have been treated by such providers; and
“(3) to determine the most efficient and effective means
of improving the Service's contract health services payment
system and ensuring the development of appropriate consumer
protection policies to protect individual Indians who receive
authorized services from private contract health services provid¬
ers from billing and collection practices, including the develop¬
ment of materials and programs explaining patients’ rights
and responsibilities.
“(b) The study required by subsection (a) shall —
“(1) assess the impact of the existing contract health serv¬
ices regulations and policies upon the ability of the Service
and the Indian Health Service Fiscal Intermediaiy to process,
on a timely and efficient basis, the payment of bills submitted
by private contract health services providers;
“(2) assess the financial and any other burdens imposed
upon individual Indians and private contract health services
providers by delayed payments;
“(3) survey the policies and practices of collection agencies
used by contract health services providers to collect payments
for services rendered to individual Indians;
“(4) identify appropriate changes in Federal policies,
administrative procedures, and regulations, to eliminate the
problems experienced by private contract health services provid¬
ers and individual Indians as a result of delayed payments;
and
“(5) compare the Service’s pa3nnent processing require¬
ments with private insurance claims processing requirements
to evaluate the systemic differences or similarities employed
by the Service and private insurers.
“(c) Not later than 12 months after the date of the enactment
of this section, the Secretary shall transmit to the Congress a
report that includes —
“(1) a detailed description of the study conducted pursuant
to this section; and
“(2) a discussion of the findings and conclusions of such
study.
“PROMPT ACTION ON PAYMENT OF CLAIMS
“Sec. 220. (a) The Service shall respond to a notification of
a claim by a provider of a contract care service with either an
individual purchase order or a denial of the claim vidthin 5 working
days after the receipt of such notification.
“(b) If the Service fails to respond to a notification of a claim
in accordance wdth subsection (a), the Service shall accept as v^d
the claim submitted by the provider of a contract care service.
“(c) The Service shall pay a completed contract care service
claim within 30 days after completion of the claim.
106 STAT. 4559
PUBLIC LAW 102-573— OCT. 29, 1992
“demonstration of electronic claims processing
“Sec. 221. (a) Not later than June 15, 1993, the Secretary
all develop and implement, directly or by contract, 2 projects
demonstrate in a pilot setting the use of claims processing
;hnology to improve the accuracy and timeliness of &e billing
•, and payment of, contract health services.
“(b) The Secretary shall conduct one of the projects authorized
subsection (a) in the Service area served by the area office
:ated in Phoenix, Arizona.
“liability for payment
“Sec. 222. (a) A patient who receives contract health care
wices that are authorized by the Service shall not be liable
■ the payment of any charges or costs associated with the provision
uch services.
“(b) The Secretary shall notify a contract care provider and
patient who receives contract health care services authorized
the Service that such patient is not liable for the payment
any charges or costs associated with the provision of such serv-
a.”.
C. 216. OFFICE OF WOMEN’S INDIAN HEALTH CARE.
Title II of the Act (as amended by section 215 of this Act)
Eunended by adding at the end the following new section:
“office of INDIAN WOMEN’S HEALTH CARE
“Sec. 223. There is established within the Service an Office
Indian Women’s Health Care to oversee efforts of the Service
monitor smd improve the quality of health care for Indian women
all ages through the planning and delivery of programs adminis-
•ed by the Service, in order to improve and enhance the treatment
>dels of care for Indian women.”.
C. 217. AUTHORIZATION OF APPROPRIATIONS.
(a) Authorization. — ^Title II of the Act (as amended by section
6 of this Act) is amended by adding at the end the following
w section:
“authorization of appropriations
“Sec. 224. Except as provided in sections 209(m), 211, 213,
4(b)(5), 215, and 216, there are authorized to be appropriated
:h sums as may be necessary for each fiscal year through fiscal
ar 2000 to carry out this title.”.
(b) Conforming Amendments.— Title II of the Act is
lended —
(1) in section 201(h), by striking out the first sentence
and striking out “subsection” and inserting in lieu thereof “sec¬
tion”.
(2) in section 202, by striking out subsection (e);
(3) in section 204(e), by striking out the first sentence
and striking out “subsection (c)” and inserting in lieu thereof
“this section”; and
(4) in section 209 (as amended by section 902(3)(B) of
this Act) —
25 use 1621t.
Arizona.
25 use 1621u.
Establishment.
25 use 1621v.
25 use 1621w.
25 use 1621.
25 use 1621a.
25 use 1621c.
25 use 1621h.
(A) by striking out subsections (c)(5), (dX6), (fX4), and
(g)(5);
(B) in subsection (h) —
(i) by striking out paragraph (2) and by strikine
out“(ir;
(ii) by redesignating subparagraphs (A) and (B)
as paragraphs (1) and (2), respectively;
(iii) by striking out “subparagraph (A)” and insert¬
ing “paragraph (1)”; and
(iv) by striking out “subparagraph (B)” and insert¬
ing “paragraph (2)”;
(C) in subsection (i), by striking out paragraph (2)
and by striking out “(1)”;
(D) in subsection (d)(3)(B), by striking out “this sub¬
section” and inserting in lieu thereof “this section”; and
(E) in subsection (k)(6), by striking out the first sen¬
tence and in the second sentence by striking out
“subsection” and inserting in lieu thereof “section”.
TITLE III— HEALTH FACILITIES
SEC. 301. HEALTH FACELITIES CLOSURE AND PRIORITIES.
Section 301 of the Act (25 U.S.C. 1631) is amended —
(1) in subsection (a)(2), by striking out “Hospitals” and
inserting “Health Care Organizations”;
(2) in subsection (b)(1) —
(A) in the material preceding subparagraph (A), by
striking out “other” before “outpatient”;
(B) by striking out “and” at the end of subparagraph
(D);
(C) by striking out the period at the end of subpara¬
graph (E) and inserting in lieu thereof a semicolon; and
(D) by adding at the end the following new sub-
paragraphs:
“(F) the level of utilization of such hospital or facility
by all eligible Indians; and
“(G) the distance between such hospital or facility and
the nearest operating Service hospital.”;
(3) by striking out subsection (c) and redesignating sub¬
sections (d) and (e) as subsections (c) and (d), respectively;
(4) in subsection (c)(1) (as redesignated by paragraph (2)
of this subsection), by amending the material preceding sub-
paragraph (A) to read as follows:
“(c)(1) The Secretary shall submit to the President, for inclusion
in each report required to be transmitted to the Congress under
section 801, a report which sets forth — ”; and
(5) by striking out paragraph (2) of subsection (c) (as
redesignated by paragraph (2)) and redesignating paragraphs
(3) , (4), and (5) of such subsection as paragraphs (2), (3), and
(4) , respectively.
SEC. 302. SAFE WATER AND SANITARY WASTE DISPOSAL FACILITIES.
Section 302 of the Act (25 U.S.C. 1632) is amended —
(1) by amending subsection (e) to read as follows:
“(e)(1) The Secretary is authorized to provide financial assist¬
ance to Indian tribes and communities in an amount equal to
Fede^ share of the costs of operating, managing, and maintain
the facihties provided under the plan desclibid in sSS
“(2) For the purposes of paragraph (1), the term ‘Federal share-
ms 80 percent of the costs described in paragraph (1) ““
“(3) mth respect to IneUan tribes with fewer than 1,000 enrolled
nbers, the non-Federal portion of the costs of operating mm
ig, and maint^g such facihties may be provided to nS'
mgh cash donations or in kind property, fairly evaluated.”- ’
(2) in suhsection (0(1), by striking out “subsection (h)”
and msertmg m heu thereof “this section”; and
(3) in subsection (g)—
lu striking out “The Secretary”
and inserting in lieu thereof the following-
The Secretary shall submit to the President, for inclusion
in each report required to be transmitted to the Congress
under section 801, a report”; and
(B) by st^ng out paragraph (2) and redesignating
paragraphs (3), (4), (5), and (6) as paragraphs (2), (3)
(4) , and (5), respectively. ’
. 303. AMBULATORY CARE FACILITIES GRANT PROGRAM.
Section 306 of the Act (25 U.S.C. 1636) is amended to read
ollows:
Reports.
“grant program for the construction, expansion, and
MODERNIZATION OF SMALL AMBULATORY CARE FACILITIES
“Sec. 306, (a)(1) The Secretary, acting through the Service,
11 make grants to tribes and tribal organizations for the construc-
, expansion, or modernization of facilities for the provision of
)ulatory care services to eligible Indians (and noneligible persons
►rovided in subsection (c)(1)(C)). A grant made under this section
r cover up to 100 percent of the costs of such construction,
msion, or modernization. For the purposes of this section, the
a ‘construction' includes the replacement of an existing facility.
“(2) A grant under paragraph (1) may only be made to a
or tribm organization operating an Indian health facility (other
1 a facility owned or constructed by the Service, including a
lity originally owned or constructed by the Service and trans-
d to a tribe or tribal organization) pursuant to a contract
red into under the Indian Self-Determination Act.
“(b)(1) A grant provided under this section may be used only
the construction, expansion, or modernization (mcluding the
ming and desim oi such construction, expansion, or mod-
zation) of an ambulatoiw care facility —
“(A) located apart from a hospital;
“(B) not funded under section 301 or section 307; and
“(C) which, upon completion of such construction, expan¬
sion, or modernization will —
“(i) have a total capacity appropriate to its projected
service population;
“(ii) serve no less than 500 eligible Indians annually;
and
“(iii) provide ambulatory care in a service area (speci¬
fied in the contract entered into under the Indian Self-
Determination Act) with a population of not less than 2,000
eligible Indians.
106 STAT. 4562
PUBLIC LAW 102-573— OCT. 29, 1992
Regulations.
“(2) The requirements of clauses (ii) and (iii) of paragraph
(1)(C) shall not apply to a tribe or tribal organization appl3dng
for a grant under this section whose tribal government offices
are located on an island.
“(c)(1) No grant may be made under this section unless an
application for such a grant has been submitted to and approved
by the Secretary. An application for a grant under this section
shall be submitted in such form and manner as the Secretary
shall by regulation prescribe and shall set forth reasonable assur¬
ance by the applicant that, at all times after the construction,
expansion, or modernization of a facility carried out pursuant to
a grant received under this section —
“(A) adequate financial support will be available for the
provision of services at such facility;
“(B) such facility will be available to eligible Indians with¬
out regard to ability to pay or source of payment; and
“(C) such facility will, as feasible without diminishing the
quality or quantity of services provided to eligible Indians,
serve noneligible persons on a cost basis.
“(2) In awarding grants under this section, the Secretary shall
give priority to tribes and tribal organizations that demonstrate —
“(A) a need for increased ambulatory care services; and
“(B) insufficient capacity to deliver such services.
“(d) If any facility (or portion thereof) with respect to which
funds have been paid under this section, ceases, at any time after
completion of the construction, expansion, or modernization carried
out with such funds, to be utilized for the purposes of providing
ambulatory care services to eligible Indians, all of the right, title,
and interest in and to such facility (or portion thereof) shall transfer
to the United States.”.
SEC. 304. INDIAN HEALTH CARE DELIVERY DEMONSTRATION
PROJECT.
(a) Awarding of Grants. — Section 307(c) of the Act (25 U.S.C.
1637(c)(3)) is amended —
(1) in paragraph (1)(A), by inserting “or program” imme¬
diately after “facility” each place it appears;
(2) in paragraph (3)(A)-—
(A) by striking “The” and inserting “On or before Sep¬
tember 30, 1995, the”; and
(B) by adding before the colon the following: “and for
which a completed application has been received by the
Secretary”; and
(3) by striking subparagraph (B) and inserting the fol¬
lowing:
“(B) The Secretary may also enter into contracts or award
grants under this section t£iking into consideration applications
received under this section from all service areas. The Secreta^
may not award a greater number of such contracts or grants in
one service area than in any other service area until there is
an equal number of such contracts or grants awarded with respect
to all service areas from which the Secretary receives applications
during the application period (as determined by the Secretary)
which meet the criteria specified in paragraph (1).”.
(b) Reports. — Section 307(h) of the Act (25 U.S.C. 1637(h))
is amended to read as follows:
PUBLIC LAW 102-573- — OCT. 29, 1992
106 STAT. 4563
(hXD We Secret^ shall submit to the President, for inclusion
re^rt whch is required to be submitted to the Con^SS
der section 801 for fiscal yey 1997, an interim report oTfte
teierui^Jer'lSrcl^r''^'* demonstrahPon pmject?
“(2) The Secretary shall subimt to the President, for inclusion
the report which is reqinred to be submitted to the Conaress
der section 801 for fisMl ye^ 1999, a final report on the finSigs
d conclusions denved from the demonstration projects establishid
der this section, together with legislative recommendations.”.
a. 806. EXPENDmjKE OF NONSERVICE FUNDS FOR RENOVATION.
Section 306 of the Act (26 U.S.C. 1634) is amended to read
follows:
“EXPENDITURE OF NONSERVICE FUNDS FOR RENOVATION
“Sec. 305. (a)(1) Notwithstanding any other provision of law,
Secretary is authorized to acc^t ajtiy major renovation or mod-
iization by any Indian tribe of any Service facility, or of any
ler Indian health facility operated pursuant to a contract entered
o under the Indian Self-Determination Act, including _
“(A) any plans or designs for such renovation or mod¬
ernization; and
“(B) any renovation or modernization for which funds
appropriated under any Federal law were lawfully expended,
t only if the requirements of subsection (b) are met.
“(2) The Secretaiy shall maintain a separate priority list to
dress the needs of such facilities for personnel or equipment.
“(3) The Secretary shall submit to the President, for inclusion Reports,
each report required to be transmitted to the Congress imder
:tion 801, the priority list maintained pursuant to paragraph
“(b) The requirements of this subsection are met with respect
any renovation or modernization if —
“(1) the tribe or tribal organization —
“(A) provides notice to the Secretary of its intent to
renovate or modernize; and
“(B) applies to the Secretary to be placed on a separate
priority list to address the needs of such new facilities
for personnel or equipment; and
“(2) the renovation or modernization —
“(A) is approved by the appropriate area director of
the Service; and
“(B) is administered by the tribe in accordance with
the rules and regulations prescribed by the Secretary vdth
respect to construction or renovation of Service facilities.
“(c) If any Service facility which has been renovated or mod-
cxized by an Indian tribe imder this section ceases to be used
a Service facility during the 20-year period beginning on the
te such renovation or modernization is completed, such Indian
be shall be entitled to recover from the United States_^ amount
lich bears the same ratio to the value of such facility at the
ne of such cessation as the value of such renovation or mod-
ndzation (less the total amount of any funds provided specinc^y
• such facility under any Federal program that were exj^nded
: such renovation or modernization) bore to the value of such
Oregon.
25 use 1638.
25 use 1638a.
25 use 1632.
25 use 1637.
25 use 1638b.
Reports.
facility at the time of the completion of such renovation or m
emization.”.
SEC. 306. LAND TRANSFER.
Title III of the Act is amended by adding at the end
following new section:
“land transfer
“SEe. 308. The Bureau of Indian Affairs is authorized to tra
fer, at no cost, up to 5 acres of land at the Chemawa Ind
School, Salem, Oregon, to the Service for the provision of he£
care services. The land authorized to be transferred by this sect
is that land adjacent to land under the jurisdiction of the Sen
and occupied by the Chemawa Indian Headth Center.”.
SEC. 307. AUTHORIZATION OF APPROPRIATIONS.
(a) Authorization. — ^Title III of the Act (as amended by sect
306 of this Act) is amended by adding at the end the follow
new section:
“AUTHORIZATION OF APPROPRIATIONS
“Sec. 309. There are authorized to be appropriated such sc
as may be necessary for each fiscal year through fiscal yeau’ 2i
to carry out this title.”.
(b) Conforming Amendments.— Title III of the Act
amended —
(1) in section 302, by striking out subsection (h); auid
(2) in section 307, by striking out subsection (i).
SEC. 308. BUY AMERICAN REQUIREMENT.
Title III of the Act (as amended by section 307 of this i
is amended by adding at the end the following new section:
“APPLICABILITY OF BUY AMERICAN REQUIREMENT
“Sec, 310, (a) The Secretary shall ensure that the requireme
of the Buy American Act apply to all procurements made v
funds provided pursuant to the authorization contained in sect
309.
“(b) The Secretary shall submit to the Congress a report
the amount of procurements from foreign entities made in fit
years 1993 and 1994 with funds provided pursuant to the authori
tion contained in section 309. Such report shall separately indie
the dollar value of items procured with such funds for which
Buy American Act was waived pursuant to the Trade Agreem
Act of 1979 or any intemationm agreement to which the Uni
States is a party,
“(c) If it has been finally determined by a court or Fed<
agency that any person intentionally affixed a label bearinj
‘Made in America’ inscription, or any inscription with the sa
meai^g, to any product sold in or shipped to the United Sta
that is not made in the United States, such person shall be ineli^
to receive any contract or subcontract made with funds provii
pursuant to the authorization contained in section 309, pursu
to the debarment, suspension, and ineligibility procedures descri
in sections 9.400 through 9,409 of title 48, Code of Federal Regi
tions.
PUBLIC LAW 102-573— OCT. 29, 1992
106 STAT. 4565
“(d) For purposes of this section, the term “Buy American
’ means title III of the Act entitled “An Act making appropria-
lS for the Treasury and Post Office Departments for the fiscal
r ending June 30, 1934, and for other purposes”, approved
•ch 3, 1933 (41 U.S.C. 10a et seq.).”.
TITLE IV— ACCESS TO HEALTH
SERVICES
. 401. TREATMENT OF PAYMENTS TO INDIAN HEALTH SERVICE
FACHITIES UNDER MEDICARE AND MEDICAID PROGRAMS.
(a) Medicare Program.— Section 401 of the Act (42 U.S.C.
5qq note) is amended to read as follows:
“TREATMENT OF PAYMENTS UNDER MEDICARE PROGRAM
“Sec. 401. (a) Any payments received by a hospital or skilled
sing facility of the Service (whether operated by the Service
y an Indian tribe or tribal organization pursuant to a contract
r the Indian Self-Determination Act) for services provided to
ans eligible for benefits under title XVTII of the Social Security
shall not be considered in determining appropriations for healtn
1 and services to Indians.
“(b) Nothing in this Act authorizes the Secretaiy to provide
ices to an Indian beneficiary with coverage tmder title XVIII
ie Social Security Act, as amended, in preference to an Indian
sficiary without such coverage.”.
(b) Medicaid Program. — (1) Section 402 of the Act is amended
jad as follows:
“treatment of payments under medicaid program
“Sec. 402. (a) Notwithstanding any other provision of law,
ments to which any facility of the Service (including a hospital,
sing facility, intermediate care facility for the mentally retarded,
iny other type of facility which provides services for which
ment is available under title XIX of the Social Security Act)
ntitled under a State plan by reason of section 1911 of such
shall be placed in a special fund to be held by the Secretary
used by him (to such extent or in such amounts as are provided
ippropriation Acts) exclusively for the purpose of malung any
rovements in the facilities of such Service which may be nec-
to achieve compliance with the applicable conditions and
lirements of such title. In making payments from such fund.
Secretary shall ensure that each service unit of the Service
ives at least 80 percent of the amounts to which the facilities
be Service, for which such service unit makes collections, are
tied by reason of section 1911 of the Social Security Act.
“(b) Any payments received by such facility for services provided
adians eligible for benefits under title XIX of the Social Security
shall not be considered in determining appropriations for the
dsion of health care and services to Indians. .
(2) The increase (from 50 percent) in the percentage of the
ments from the fund to be made to each service unit of the
dee specified in the amendment made by paragraph (1) shall
! effect beginning with payments made on January 1, 1993.
25 use 1641.
25 use 1642.
25 use 1642
note.
106 STAT. 4566
PUBLIC LAW 102-573— OCT. 29, 1992
25 use 1643.
25 use 1644.
25 use 1645.
25 use 1646.
25 use 1647.
SEC. 402. REPORT.
Section 403 of the Act (25 U.S.C. 1671 note) is amended by
striking out “The Secretary” and all that follows through “section
701” and inserting in lieu thereof the following: ‘The Secretary
shall submit to the President, for inclusion in the report required
to be transmitted to the Congress under section 801,”.
SEC. 403. APPLICATION ASSISTANCE.
Section 404 of the Act (25 U.S.C. 1622) is amended —
(1) by amending subsection (b)(4) to read as follows:
“(4) develop and implement—
“(A) a schedule of income levels to determine the extent
of payments of premiums by such organizations for cov¬
erage of needy individuals; and
“(B) methods of improving the participation of Indians
in receiving the benefits provided imder titles XVIII and
XIX of the Social Security Act.”; and
(2) by amending subsection (c) to read as follows:
“(c) The Secretary, acting through the Service, may enter into
an agreement with an Indian tribe, tribal organization, or urban
Indian organization which provides for the receipt and processing
of applications for medical assistance under title XIX of the Social
Security Act and benefits imder title XVIII of the Social Security
Act at a Service facility or a health care facility administered
by such tribe or organization pursuant to a contract under the
Indian Self-Determination Act.”.
SEC. 404. EXTENSION OF DEMONSTRATION PROGRAM.
Section 405 of the Act (42 U.S.C. 1395qq note) is amended —
(1) in subsection (c)(2), by striking “1995” and inserting
“1996”; and
(2) in subsection (e), by striking “1995” and inserting
“1996”.
SEC. 406. AUTHORIZATION FOR EMERGENCY CONTRACT HEALTH
SERVICES.
Title rV of the Act is amended by adding at the end the
following new section:
“AUTHORIZATION FOR EMERGENCY CONTRACT HEALTH SERVICES
“Sec. 406. With respect to an elderly or disabled Indian receiv¬
ing emergency medical care or services from a non-Service provider
or in a non-Service facility under the authority of this Act, the
time limitation (as a condition of payment) for notifying the Service
of such treatment or admission shall be 30 days.”.
SEC. 406. AUTHORIZATION OF APPROPRIATIONS.
Title rV of the Act is amended by adding at the end the
following new section:
“AUTHORIZATION OF APPROPRIATIONS
“Sec. 407. There are authorized to be appropriated such sums
as may be necessary for each fiscal year through fiscal year 2000
to carry out this title.”.
PUBLIC LAW 102-573— OCT. 29, 1992
106 STAT. 4567
TITLE V— HEALTH SERVICES FOR
URBAN INDIANS
5EC. 601. GRANT AUTHORITY.
(a) In General. — Section 502 of the Act (25 U.S.C. 1652) is
imended —
(1) by striking "contracts with” and inserting the following:
“contracts with, or make grants to,”;
(2) by inserting after "enters into with” the following:
", or in any grant the Secretary makes to,”; and
(3) by amending the heading to read as follows:
“contracts with, and grants to, urban INDIAN ORGANIZATIONS”.
(b) CONFORMING AMENDMENTS.— (1) Section 503 of the Act (25
J.S.C. 1653) is amended —
(A) in subsection (a), in the material preceding paragraph
(1) —
(i) by inserting “, or make grants to,” after “contracts
with”; and
(ii) by inserting “or grant” after “such contract”;
(B) in subsection (b) —
(i) in the material preceding paragraph (1), by inserting
“or receive grants” after “enter into contracts”; and
(ii) in paragraph (5), by inserting “or to meet the
requirements for receiving a ^ant” after “Secretar}^’;
(C) in subsection (c)(1), by inserting before the period at
the end the following: “or receiving grants imder subsection
(a)”;
(D) in subsection (d)(1), by inserting before the period at
the end the following: “or receiving grants imder subsection
(a)”;
(E) in subsection (e)(1), by inserting before the period at
the end the following: “or receiving grants under subsection
(a)”;
(F) in subsection (f), by inserting “or receiving grants under
subsection (a)” after “this section”; and
(G) by amending the heading to read as follows:
“CONTRACTS AND GRANTS FOR THE PROVISION OF HEALTH CARE AND
REFERRAL SERVICES”.
(2) Section 504 of the Act (25 U.S.C. 1654) is amended —
(A) by striking “Sec. 504.” and all that follows through
the end of subsection (a) and inserting the following:
“Sec. 504. (a) Under authority of the Act of November 2,
l921 (25 U.S.C. 13), popularly known as the Snyder Act, the Sec-
•etary, through the Service, may enter into contracts with, or make
p-ants to, urban Indian organizations situated in urban centers
or which contracts have not been entered into, or grants have
lot been made, under section 503. The purpose of a contract or
p'ant made under this section shall be the determination of the
natters described in subsection (b)(1) in order to assist the Sec-
etary in assessing the health status and health care needs of
STAT. 4568
PUBLIC LAW 102-573— OCT. 29, 1992
^ant under section 503 with respect to the urban Indian organiza¬
tion which the Secretary has entered into a contract with, or made
a grant to, under this section.”;
(B) in subsection (b)—
(i) in the material preceding paragraph (1), by inserting
“, or ^ant made,” after “contract entered into”; and
(ii) in paragraph (2), by striking “within one year”
and all that follows through the period at the end and
inserting the following: “, or carry out the requirements
of the grant, within one year after the date on which
the Secretary and such organization enter into such con¬
tract, or within one year ^er such organization receives
such grant, whichever is apphcable.”;
(C) in subsection (c), by inserting “, or grant made,” after
“entered into”; and
(D) by amending the heading to read as follows:
“CONTRACTS AND GRANTS FOR THE DETERMINATION OF UNMET
HEALTH CARE NEEDS”.
(3) Section 505 of the Act (25 U.S.C. 1655) is amended —
(A) in subsection (a), by inserting “compliance with grant
requirements under this title and” before ‘^compliance with,”;
(B) in subsection (b) — ’
(i) by inserting “or received a grant” after “entered
into a contract”; and
(ii) by inserting before the period at the end the fol¬
lowing: “or the terms of such grant”;
(C) in subsection (c) —
(i) by inserting “the requirements of a grant or com¬
plied with” after “complied with”;
(ii) by inserting *or grant” after “such contract” each
place it appears”;
(iii) by inserting “or make a grant” after “enter into
a contract”; and
(iv) by inserting “or grant” after “whose contract”;
(D) in subsection (d), by inserting “or grant” after “a con¬
tract” each place it appears; and
(E) by amending the heading to read as follows:
“evaluations; renewals”.
(4) Section 506 of the Act (25 U.S.C. 1656) is amended —
(A) in subsection (b), by mserting “or grants” after “any
contracts”;
(B) in subsection (d), by inserting “or grant” after “contract”
each place it appears;
(C) in subsection (e) —
(i) by inserting “, or grants to,” after “Contracts with”;
and
(ii) by inserting “or CTants” after “such contracts”; and
(D) by amending the heading to read as follows:
“other contract and grant requirements”.
(5) Section 507 of the Act (25 U.S.C. 1657) is amended —
PUBLIC LAW 102-573— OCT. 29, 1992
106 STAT. 4569
(i) in the material preceding paragraph (1), by inserting
or a grant received,” after “entered into^’; and
(ii) in paragraphs (1) and (2), by inserting “or grant”
after “contract” each place it appears; and
(B) in subsections (b) and (c), by inserting “or grant” after
“contract” each place it appears.
(6) Section 509 of the Act (25 U.S.C. 1659) (as amended by
section 902(5)(A) of this Act) is amended by inserting “or grant
recipients” after “contractors” each place it spears.
(7) Section 510(a) of the Act (25 U.S.C;. 1660(a)) (as amended
3y section 902(5)(B) of this Act) is amended by inserting before
;he period at the end the following: “and for providing central
)versight of the programs and services authorized under this title”.
SEC. 502. ALCOHOL AND SUBSTANCE ABUSE.
Title V of the Act is amended by inserting after section 510
as redesignated by section 902(5)(B) of this Act) the following
lew section:
“grants for ALCOHOL AND SUBSTANCE ABUSE RELATED SERVICES
“Sec. 511. (a) Grants. — The Secretary may make grants for
lie provision of health-related services in prevention of, treatment
)f, rehabilitation of, or school and community-based education in,
alcohol and substance abuse in urban centers to those urban Indian
arganizations with whom the Secretary has entered into a contract
inder this title or under section 201.
“(b) Goals of Grant. — ^Each OTant made pursuant to subsection
a) shall set forth the goals to be accomplished pursuant to the
jrant. The goals shall be specific to each grant as agreed to between
lie Secretary and the grantee.
“(c) Criteria. — ^The Secretary shall establish criteria for the
jrants made under subsection (a), including criteria relating to
:he —
“(1) size of the urban Indian population;
“(2) accessibility to, and utilization of, other health
resources available to such population;
“(3) duplication of existing Service or other Federal grants
or contracts;
“(4) capability of the organization to adequately perform
the activities required under me grant;
“(5) satisfactory performance standards for the organization
in meeting the go^s set forth in such grant, which standards
shall be negotiated and agreed to between the Secretary and
the OTantee on a grant-by-grant basis; and
^‘(6) identification of need for services.
The Secretary shall develop a methodology for allocating grants
nade pursuant to this section based on such criteria.
“(d) Treatment of Funds Received by Urban Indian
Organizations. — ^Any funds received by an urban Indian organiza-
:ion under this Act for substance abuse prevention, treatment,
ind rehabilitation shall be subject to the criteria set forth in sub¬
section (c).”.
SEC. 503. TREATMENT OF DEMONSTRATION PROJECTS.
Title V of the Act (as amended by section 502 of this Act)
IS amended by adding at the end the following new section:
25 use 1660a.
106 STAT. 4570
PUBLIC LAW 102-573— OCT. 29, 1992
‘treatment of certain demonstration projects
Oklahoma.
25 use 1660b.
Reports.
Grants.
Contracts.
Alcohol and
alcohol abuse.
25 use 1660c.
Reports.
25 use 1660d.
“Sec. 512. (a) Notwithstanding any other provision of law,
the Oklahoma City Clinic demonstration project and the Tulsa
Clinic demonstration project shall be treated as service units in
the allocation of resources and coordination of care and shall not
be subject to the provisions of the Indian Self-Determination Act
for the term of such projects. The Secretary shall provide assistance
to such projects in the development of resources and equipment
and facil^ needs.
“(b) Tne Secretary shall submit to the President, for inclusion
in the report required to be submitted to the Congress under
section 801 for fiscal year 1999, a report on the findings and
conclusions derived from the demonstration projects specified in
subsection (a).”.
SEC. 504. URBAN NIAAA TRANSFERRED PROGRAMS.
Title V of the Act (as amended by section 503 of this Act)
is amended by adding at the end the following new section:
“URBAN NIAAA TRANSFERRED PROGRAMS
“Sec. 513. (a) The Secretary shall, within the Branch of Urban
Health Programs of the Service, make grants or enter into contracts
for the administration of urban Indian alcohol programs that were
originally established under the National Institute on Alcoholism
and Alcohol Abuse (hereafter in this section referred to as ‘NIAAA’)
and transferred to the Service.
“(b) Grants provided or contracts entered into imder this section
shall be used to provide support for the continuation of alcohol
prevention and treatment services for urban Indian populations
and such other objectives as are agreed upon between the Service
and a recipient of a grant or contract under this section.
“(c) Urban inefian organizations that operate Indian alcohol
programs originally fimded under NIAAA and subsequently trans¬
ferred to the Service are eligible for grants or contracts under
this section.
“(d) For the purpose of carrying out this section, the Secretary
may combine NIAAA alcohol f^ds with other substance abuse
funds currently administered through the Branch of Urban Health
Programs of the Service.
“(e) The Secretary shall evaluate and report to the Confess
on the activities of programs funded luider this section at least
every two years.”.
SEC. 605. AUTHORIZATION OF APPROPRIATIONS.
(a) Authorization. — Title V of the Act (as amended by section
504 of this Act) is amended by adding at the end the following
new section:
“authorization of appropriations
“Sec. 514. There are authorized to be appropriated such sums
as may be necessary for each fiscal year througn fiscal year 2000
to carry out this title.”.
(b) Conforming Amendments.— Title V of the Act (25 U.S.C.
1650 et seq.) is amended —
(1) in section 503 —
25 use 1653.
PUBLIC LAW 102-573— OCT. 29, 1992
106 STAT. 4571
(A) in subsection (c), by striking out “(c)(1)” and insert¬
ing “(c)” and by striking out paragraph (2);
(B) in subsection (d), by striking out paragraph (4);
(C) in subsection (e), by striking out paragraph (4);
and
(D) in subsection (f), by striking out paragraph (6);
and
(2) in section 509 (as redesignated by section 902(5)(A)
of this Act), by striking out the last sentence.
TITLE VI— ORGANIZATIONAL
IMPROVEMENTS
sc. 601. INDIAN HEALTH SERVICE.
Section 601(c) of the Act (15 U.S.C. 1661(c)) is amended —
(1) in paragraph (2), by striking out “and” after the semi¬
colon;
(2) in paragraph (3), by striking out the period at the
end and inserting in lieu thereof"; and”; and
(3) by adding at the end the following new paragraph:
“(4) ^1 scholarship and loan fimctions carried out under
title I.”.
SC. 602. DIRECTOR OF INDIAN HEALTH SERVICE.
(a) Confirmation by Senate.—
(1) In general. — Section 601(a) of the Act (25 U.S.C.
1661(a)) is amended in the second sentence by striking “Sec¬
retary” and inserting “President, by and with the advice and
consent of the Senate”.
(2) Effective date. — The amendment made by paragraph
(1) shall take effect January 1, 1993.
(b) Interim Appointment. — ^The President may appoint an
dividual to serve as Interim Director of the Service from January
1993, until such time as a Director is appointed and confirmed
i provided in section 601(a) of the Indian Health Care Improve-
nt Act (25 U.S.C. 1601 et seq.) (as amended by subsection (a)
this section).
(c) Term. — Section 601(a) of the Act (25 U.S.C. 1661(a)) is
ended by adding at the end the following: “Effective with respect
an individual appointed by the President, by and with the advice
id consent of the Senate, after January 1, 1993, the term of
rvice of the Director shall be 4 years. A Director may serve
re than 1 term.”.
3C. 603. AUTHORIZATION OF APPROPRIATIONS.
Title VI of the Act (25 U.S.C. 1661 et seq.) is amended by
Iding at the end the following new section:
“authorization of appropriations
“Sec. 603. There are authorized to be appropriated such sums
1 may be necessary for each fiscal year through fiscal year 2000
carry out this title.”.
25 use 1659.
25 use 1661
note.
25 use 1661
note.
25 use 1663.
106 STAT. 4572
PUBLIC LAW 102-573— OCT. 29, 1992
25 use 1621f.
25 use 1687.
25 use 1645.
25 use 1671
note.
25 use 1665.
TITLE VII— SUBSTANCE ABUSE
PROGRAMS
SEC. 701. REDESIGNATION OF EXISTING TITLE VD.
(a) Title Heading.— Title VII of the Act (25 U.S.C. 1671 et
seq.) is redesignated as title VIII and the title heading is amended
to read as follows:
“TITLE VIII— MISCELLANEOUS”
(b) Redesignation of Sections.— Sections 701 through 720
of the Act (25 U.S.C. 1671 et seq.) are hereby redesignated as
sections 801 through 820, respectively.
(c) Conforming Amendments.— The Act is amended —
(1) in section 207(a), by striking out “section 713” and
inserting in lieu thereof “section 813”;
(2) in section 307(e), by striking out “section 713” and
inserting in lieu thereof “section 813”; and
(3) in section 405(b) —
(A) in paragraph (1), by striking out “sections 402(c)
and 7i3(b)(2)(A)” and inserting in lieu thereof “sections
402(a) and 813(b)(2)(A)”; and
(B) in paragraph (4), by striking out “section 402(c)”
each place it appears and inserting in lieu thereof “section
402(a)”.
(d) References. — Any reference in a provision of law other
than the Indian Health Care Improvement Act to sections redesig¬
nated by subsection (b) shall be deemed to refer to the section
as so redesignated.
SEC. 702. SUBSTANCE ABUSE PROGRAMS.
(a) In General. — ^The Act is amended by inserting after title
VI the following new title:
“TITLE VII— SUBSTANCE ABUSE PROGRAMS
“INDIAN HEALTH SERVICE RESPONSIBILITIES
“Sec. 701. The Memorandum of Agreement entered into pursu¬
ant to section 4205 of the Indian Alcohol and Substance Abuse
Prevention and Treatment Act of 1986 (25 U.S.C. 2411) shall include
specific provisions pursuant to which the Service shall assume
responsibility for —
“(1) the determination of the scope of the problem of alcohol
and substance abuse among Indian people, including the num¬
ber of Indians within the jurisdiction of the Service who are
directly or indirectly affected by alcohol and substance abuse
and the financial and human cost;
“(2) an assessment of the existing and needed resources
necessary for the prevention of alcohol and substance abuse
and the treatment of Indians affected by alcohol and substance
abuse; and
“(3) an estimate of the funding necessary to adequately
support a program of prevention of alcohol and substance abuse
and treatment of Indians affected by alcohol and substance
abuse.
PUBLIC LAW 102-573— OCT. 29, 1992
106 STAT. 4573
“INDIAN HEALTH SERVICE PROGRAM
“Sec. 702. (a) Comprehensive Prevention and Treatment
Program. — (1) The Secretary, acting through the Service, shall
provide a proOTam of comprehensive alcohol and substance abuse
prevention and treatment which shall include —
“(A) prevention, through educational intervention, in Indian
communities;
“(B) acute detoxification and treatment;
“(C) community-based rehabilitation;
“(D) community education and involvement, including
extensive training of health care, educational, and community-
based personnel; and
“(E) residential treatment programs for pregnant and post
partum women and their children.
“(2) The target population of such program shall be members
of Indian tribes. Efforts to train and educate key members of
the Indian community shall target employees of hesdth, education,
judicial, law enforcement, legal, and social service programs.
“(b) Contract Health Services.— (1) The Secretary, acting
through the Service, may enter into contracts with public or private
providers of alcohol and substance abuse treatment services for
the purpose of assisting the Service in carrying out the program
required under subsection (a).
“(2) In carrying out this subsection, the Secretary shall provide
assistance to Indian tribes to develop criteria for the certification
of alcohol and substance abuse service providers and accreditation
of service facilities which meet minimum standards for such services
and facilities as may be determined pursuant to section 4205(a)(3)
of the Indian Alcohol and Substance Abuse Prevention and Treat¬
ment Act of 1986 (25 U.S.C. 2411(aX3)).
“(c) Grants for Model Program.— (1) The Secretary, acting
through the Service shall make a ^ant to the Standing Rock
Sioux Tribe to develop a community^ased demonstration project
to reduce drug and alcohol abuse on the Standing Rock Sioux
Reservation and to rehabilitate Indian families afilicted by such
abuse.
“(2) Funds shall be used by the Tribe to —
“(A) develop and coordinate community-based alcohol and
substance abuse prevention and treatment services for Indian
families;
“(B) develop prevention and intervention models for Indiah
families;
“(C) conduct community education on alcohol and substance
abuse; and
“(D) coordinate with existing Federal, State, and tribal
services on the reservation to develop a comprehensive alcohol
and substance abuse program that assists in the rehabilitation
of Indian families that have been or are afflicted by alcoholism.
“(3) The Secretary shall submit to the President for inclusion
in the report to be transmitted to the Congress under section
801 for fiscal year 1995 an evaluation of the demonstration project
established under paragraph (1).
“INDIAN WOMEN TREATMENT PROGRAMS
“Sec. 703. (a) The Secretary may naake grants to Indian tribes
and tribal nrcmnizatinns tn dnvninn and imnlamant a cnninrehensive
25 use 1665a.
Reports.
25 use 1665b.
06 STAT. 4574
PUBLIC LAW 102-573— OCT. 29, 1992
25 use 1665c.
Arizona.
California.
alcohol and substance abuse program of prevention, intervention,
treatment, and relapse prevention services that specifically
addresses the cultural, historical, social, and child care needs of
Indian women, regardless of age.
“(b) Grants made pursuant to this section may be used to —
“(1) develop and provide community training, education,
and prevention programs for Indian women relating to alcohol
and substance abuse issues, including fetal alcohol S5mdrome
and fetal alcohol effect;
“(2) identify and provide appropriate counseling, advocacy,
support, and relapse prevention to Indian women and their
families; and
“(3) develop prevention and intervention models for Indian
women which incorporate traditional healers, cultural values,
and community and family involvement.
“(c) The Secretary shall establish criteria for the review and
approval of applications for grants under this section.
“(d)(1) There are authorized to be appropriated to carry out
this section $10,000,000 for fiscal year 1993 and such sums as
are necessary for each of the fiscal years 1994, 1995, 1996, 1997,
1998, 1999, and 2000.
“(2) Twenty percent of the funds appropriated pursuant to
this subsection shall be used to make grants to urban Indian
organizations funded under title V.
“INDIAN HEALTH SERVICE YOUTH PROGRAM
“Sec. 704. (a) Detoxification and Rehabilitation.— The Sec¬
retary shall develop and implement a program for acute detoxifica¬
tion and treatment for Indian youth who are alcohol and substance
abusers. The program shall include regional treatment centers
designed to include detoxification and rehabilitation for both sexes
on a referral basis. These regional centers shall be integrated with
the intake and rehabilitation programs based in the referring Indian
community.
“(b) Treatment Centers or Facilities. — (1) The Secretary
shall construct, renovate, or, as necessary, purchase, and appro¬
priately staff and operate, a youth regional treatment center in
each area under the jurisdiction of an area office. For the purposes
of this subsection, the area offices of the Service in Tucson and
Phoenix, Arizona, shall be considered one area office and the area
office in California shall be considered to be two area offices, one
office whose iurisdiction shall be considered to encompass the north¬
ern area of tne State of California, and one office whose jurisdiction
shall be considered to encompass the remainder of tne State of
California.
“(2) For the purpose of staffing and operating such centers
or facilities, funding shall be pursuant to the Act of November
2, 1921 (25 U.S.C. 13).
“(3) A youth treatment center constructed or purchased under
tMs subsection shall be constructed or purchased at a location
within the area described in paragraph (1) agreed upon (by appro¬
priate tribal resolution) by a majority of the tribes to be served
by such center.
“(4)(A) Notwithstanding any other provision of this title, the
Secretary may, from amounts authorized to be appropriated for
the purposes of carrying out this section, make funds available
to —
PUBLIC LAW 102-573— OCT. 29, 1992
106 STAT. 4575
“(i) the Tanana Chiefs Conference, Incorporated, for the
purpose of leasing, constructing, renovating, operating and
maintaining a residential youth treatment facility in Fairbanks,
Alaska; and
“(ii) the Southeast Alaska Regional Health Corporation
to staff and operate a residential youth treatment facility with¬
out regard to the proviso set forth in section 4(1) of the Indian
Self-Determination and Education Assistance Act (25 U.S.C.
450b(l)).
“(B) Until additional residential youth treatment facilities are
established in Alaska pursuant to this section, the facilities specified
in subparagraph (A) shall make every effort to provide services
to all eligible Indian youth residing in such State.
“(c) Federally Owned Structures.—
“(1) The Secretary, acting through the Service, shall, in
consultation with Indian tribes —
“(A) identify and use, where appropriate, federally
owned structures suitable as local residential or regional
alcohol and substance abuse treatment centers for Indian
youth; and
“(B) establish guidelines for determining the suitability
of any such federally owned structure to be used as a
local residential or regional alcohol and substance abuse
treatment center for Indian youth.
“(2) Any structure described in paragraph (1) may be used
under such terms and conditions as may be agreed upon by
the Secretary and the agency having responsibility for the
structure.
“(d) Rehabilitation and Aftercare Services. —
“(1) The Secretary, in cooperation with the Secretary of
the Interior, shall develop and implement within each Service
service unit community-based rehabilitation and follow-up serv¬
ices for Indian youth who are alcohol or substance abusers
which are designed to integrate long-term treatment and to
monitor and support the Indian youth after their return to
their home community.
“(2) Services under paragraph (1) shall be administered
within each service unit by trained staff within the community
who can assist the Indian youth in continuing development
of self-image, positive problem-solving skills, and nonalcohol
or substance abusing behaviors. Such staff shall include alcohol
and substance abuse counselors, mental health professionals,
and other health professionals and paraprofessionals, including
community health representatives.
“(e) Inclusion of Family in Youth Treatment Program.—
In providing the treatment and other services to Indian youth
authorized by this section, the Secretary shall provide for the inclu¬
sion of family members of such youth in the treatment programs
or other services as may be appropriate. Not less than 10 percent
of the funds appropriated for the purposes of carrying out subsection
(d) shall be used for outpatient care of adult family members
related to the treatment of an Indian youth under that subsection.
“(f) Multidrug Abuse Study.— (1) The Secretary shall conduct
a study to determine the incidence and prevalence of the abuse
of multiple forms of drugs, including alcohol, among Indian youth
residing on Indian reservations and in urban areas and the inter-
Alaska.
106 STAT. 4576
PUBLIC LAW 102-573— OCT. 29, 1992
Reports.
25 use 1665d.
25 use 1665e.
relationship of such abuse with the incidence of mental illness
among such youth.
“(2) The Secretary shall submit a report detailing the findings
of such study, together with recommendations based on such find¬
ings, to the Congress no later than two years after the date of
the enactment of this section.
“TRAINING AND COMMUNITY EDUCATION
“Sec. 705. (a) Community Education.— The Secretary, in
cooperation with the Secretary of the Interior, shall develop and
implement within each service unit a program of community edu¬
cation and involvement which shall be designed to provide concise
and timely information to the community leadership of each tribal
commiinity. Such program shall include education in alcohol and
substance abuse to political leaders, tribal judges, law enforcement
personnel, members of tribal health and education boards, and
other critical members of each tribal community.
“(b) Training. — The Secretary shall, either directly or by con¬
tract, provide instruction in the area of alcohol and substance
abuse, including instruction in crisis intervention and family rela¬
tions in the context of alcohol and substance abuse, youth ^cohol
and substance abuse, and the causes and effects of fetal alcohol
S5rndrome to appropriate employees of the Bureau of Indian Affairs
and the Service, and to personnel in schools or programs operated
under any contract with the Bureau of Indian Affmrs or the Service,
including supervisors of emergency shelters and halfway houses
described in section 4213 of the Indian Alcohol and Substance
Abuse Prevention and Treatment Act of 1986 (25 U.S.C. 2433).
“(c) Community-Based Training Models.— In carrying out the
education and training programs required by this section, the Sec¬
retary, acting through the Service and in consultation with tribes
and Indian mcohol and substance abuse prevention e:^erts, shall
develop and provide community-based training models. Such models
shall address —
“(1) the elevated risk of alcohol and substance abuse faced
by children of alcoholics;
“(2) the cultural and multigenerational aspects of alcohol
and substance abuse prevention and recovery; and
“(3) community-based and multidisciplinary strategies for
preventing and treating alcohol and substance abuse.
“GALLUP ALCOHOL AND SUBSTANCE ABUSE TREATMENT CENTER
“Sec. 706. (a) Grants for Residential Treatment.— The Sec¬
retary shall make grants to the Navmo Nation for the purpose
of providing residential treatment for alcohol and substance abuse
for adult and adolescent members of the Navajo Nation and
neighboring tribes.
“(b) Piloses of Grants. — Grants made pursuant to this sec¬
tion shall (to the extent appropriations are made available) be
used to —
“(1) provide at least 15 residential beds each year for adult
long-term treatment, including beds for speciauzed services
such as polydrug abusers, dual diagnosis, and specialized serv¬
ices for women with fetal alcohol syndrome children;
“(2) establish clinical assessment teams consisting of a
clinical psychologist, a part-time addictionologist, a master’s
PUBLIC LAW 102-573— OCT. 29, 1992
106 STAT. 4577
level assessment counselor, and a certified medical records
technician which shall be responsible for conducting incdvidual
assessments and matching Indian clients with the appropriate
available treatment;
“(3) provide at least 12 beds for an adolescent shelterbed
program in the city of Gallup, New Mexico, which shall serve
as a satellite facility to the Acoma/Canoncito/Laguna Hospital
and the adolescent center located in Shiprock, New Mexico,
for emergency crisis services, assessment, and family interven¬
tion;
“(4) develop a relapse program for the purposes of identify¬
ing sources of job training and job opportunity in the Gsdlup
area and providing vocational training, job placement, and job
retention services to recovering substance abusers; and
“(5) provide continuing education and training of treatment
staff in the areas of intensive outpatient services, development
of family support systems, and case management in cooperation
with regional colleges, community colleges, and universities.
“(c) Contract for Residential Treatment.— The Navajo
Nation, in carrying out the purposes of this section, shall enter
to a contract with an institution in the Gallup, New Mexico,
irea which is accredited bjr the Joint Commission of the Accredita-
ion of Health Care Orgamzations to provide comprehensive alcohol
ind drug treatment as authorized in subsection (b).
“(d) Authorization of Appropriations.— There are authorized
o be appropriated —
“(1) to carry out the purposes of subsection (bXl) —
“(A) $400,000 for fiscal year 1993;
“(B) $400,000 for fiscal year 1994; and
“(C) $500,000 for fiscal year 1995;
“(2) to carry out the purposes of subsection (b)(2) —
“(A) $100,000 for fiscal year 1993;
“(B) $125,000 for fiscal year 1994; and
“(C) $150,000 for fiscal year 1995;
“(3) to carry out the purposes of subsection (bX3) —
“(A) $75,000 for fiscal year 1993;
“(B) $85,000 for fiscal year 1994; and
“(C) $100,000 for fiscal year 1995;
“(4) to carry out the purposes of subsection (b)(4), $150,000
for each of fiscal years 1993, 1994, and 1995; and
“(5) to carry out the purposes of subsection (b)(5) —
“(A) $75,000 for fiscal year 1993;
“(B) $90,000 for fiscal year 1994; and
“(C) $100,000 for fiscal year 1995.
“REPORTS
“Sec. 707. (a) Compilation of Data. — ^The Secretary, with
■espect to the administration of any health program by a service
init, directly or through contract, including a contract under the
ndian Self-Determination Act, shall require the compilation of
lata relating to the number of cases or incidents in which any
Service personnel or services were involved and which were relatea,
sither (Erectly or indirectly, to alcohol or substance abuse. Such
•eport shall include the type of assistance provided and the dis-
>osition of these cases.
“(b) Referral of Data. — The data compiled under subsection
a) shall be provided annually to the affected Indian tribe and
New Mexico.
New Mexico.
25 use 1665f.
106 STAT. 4578
PUBLIC LAW 102-573— OCT. 29, 1992
25 use 1665g.
Establishment.
Establishment.
Tribal Coordinating Committee to assist them in developing or
modifying a Tribal Action Plan under section 4206 of the Indian
Alcohol and Substance Abuse Prevention and Treatment Act of
1986 (25 U.S.C. 2471 et seq.).
“(c) Comprehensive Report. — Each service unit director shall
be responsible for assembling the data compiled under this section
and section 4214 of the Indian Alcohol and Substance Abuse Preven¬
tion and Treatment Act of 1986 (25 U.S.C. 2434) into an annual
tribal comprehensive report. Such report shall be provided to the
adfected tribe and to the Director of me Service who shall develop
and publish a biennial national report based on such tribal com¬
prehensive reports.
“fetal alcohol syndrome and fetal alcohol effect grants
“Sec. 708. (a)(1) The Secretary may make grants to Indian
tribes and tribal organizations to establish fetal mcohol S3rndrome
and fetal alcohol effect programs as provided in this section for
the purposes of meeting the health status objectives specified in
section 3(b).
“(2) Grants made pursuant to this section shall be used to —
“(A) develop and provide community and in-school training,
education, and prevention promams relating to FAS and FAE;
“(B) identify and provide alcohol and substance abuse treat¬
ment to high-risk women;
“(C) identify and provide appropriate educational and voca¬
tional support, counseling, advocacy, and information to FAS
and FAE affected persons and their families or caretakers;
“(D) develop and implement counseling and support pro¬
grams in schools for FAS and FAE affected children;
“(E) develop prevention and intervention models which
incorporate traditional healers, cultural values and community
involvement;
“(F) develop, print, and disseminate education and preven¬
tion materials on FAS and FAE; and
“(G) develop and implement, through the tribal consultation
process, cvilturally sensitive assessment and diagnostic tools
for use in tribal and urban Indian communities.
“(3) The Secretary shall establish criteria for the review and
approval of applications for grants under this section.
“(b) The Secretary, acting through the Service, shall —
“(1) develop an annual plan for the prevention, interven¬
tion, treatment, and aftercare for those affected by FAS and
FAE in Indian communities;
“(2) conduct a study, directly or by contract with any
organization, entity, or institution of higher education with
significant knowledge of FAS and FAE and Indian communities,
of the special educational, vocational, school-to-work transition,
and independent living needs of adolescent and adult Indians
and Alaska Natives with FAS or FAE; and
“(3) establish a national clearinghouse for prevention and
educational materials and other information on FAS and FAE
effect in Indian and Alaska Native communities and ensure
access to clearinghouse materials by any Indian tribe or urban
Indian organization.
“(c) The Secretary shall establish a task force to be known
as the FAS/FAE Task Force to advise the Secretary in carrying
out subsection (b). Such task force shall be composed of rep-
PUBLIC LAW 102-573— OCT. 29, 1992
106 STAT. 4579
3sentatives from the National Institute on Drug Abuse, the
rational Institute on Alcohol and Alcoholism, the Office of Sub-
tance Abuse Prevention, the National Institute of Mental Health,
le Service, the Office of Minority Health of the Department of
[ealth and Human Services, the Administration for Native Ameri-
ms, the Bureau of Indian Affairs, Indian tribes, tribal organiza-
ons, urban Indian communities, and Indian FAS^AE experts.
“(d) The Secretary, acting through the Substance Abuse and
[ental Health Services Administration, shall make grants to Indian
ibes, tribal organizations, universities working with Indian tribes
a cooperative projects, and urban Indian organizations for applied
jsearch projects which propose to elevate the understanding of
lethods to prevent, intervene, treat, or provide aftercare for Indians
tid urban Indians affected by FAS or FAE.
“(e)(1) The Secretaiw shall submit to the President, for inclusion
i each report required to be transmitted to the Congress under
action 801, a report on the status of FAS and FAE in the Indian
opulation. Such report shall include, in addition to the information
jquired under section (3)(d) with respect to the health status
ijective specified in section (3)(b)(27), the following:
“(A) The progress of implementing a uniform assessment
and diagnostic methodology in Service and tribally based service
delivery systems.
“(B) The incidence of FAS and FAE babies bom for aU
births by reservation and urban-based sites.
“(C) The prevalence of FAS and FAE affected Indian per¬
sons in Indian communities, their primary means of support,
and recommendations to improve the support system for these
individuals and their families or caretakers.
“(D) The level of support received from the entities specified
in subsection (c) in the area of FAS and FAE.
“(E) The number of inpatient and outoatient substance
abuse treatment resources which are specifically desimed to
meet the unique needs of Indian women, and the volume of
care provided to Indian women through these means.
“(F) Recommendations regarding the prevention, interven¬
tion, and apprcmriate vocational, educational and other support
services for FAS and FAE affected individuals in Indian commu¬
nities.
“(2) The Secreta^ may contract the production of this report
> a national organization specifically addressing FAS and FAE
i Indian communities.
“(f)(1) There are authorized to be appropriated to carry out
lis section $22,000,000 for fiscal year 1993 and such sums as
tay be necessary for each of the fiscal years 1994, 1995, 1996,
?97, 1998, 1999, and 2000.
“(2) Ten percent of the funds appropriated pursuant to this
iction shall be used to make grants to urban Indian organizations
mded under title V.
“pueblo substance abuse treatment project for SAN JUAN
PUEBLO, NEW MEXICO
“Sec. 709. The Secretary, acting through the Service, shall
mtinue to make ^ants, through fiscm year 1995, to the 8 Northern
idian Pueblos (joimcil, San Juan Pueblo, New Mexico, for the
iirpose of providing substance abuse treatment services to Indians
i need of such services.
Reports.
Grants.
25 use 1665h.
106 STAT. 4580
PUBLIC LAW 102-673— OCT. 29, 1992
Grants.
Wyoming.
25 use 16651.
26 use 1665j.
eontracts.
Grants.
Reports.
“thunder eniLD treatment genter
“Sec. 710. (a) The Secretary, actini; through the Service, shall
make a grant to the Intertribal Addictions Recovery Organization,
Inc. (commonly known as the Thunder Child Treatment Center)
at Sheridan, Wyoming, for the completion of construction of a
multiple approach substance abuse treatment center which special¬
izes in the treatment of alcohol and drug abuse of Indians.
“(b) For the purposes of carndng out subsection (a), there
are authorized to be appropriated $2,000,000 for fiscal years 1993
and 1994. No funding shall be available for staffing or operation
of this facility. None of the funding appropriated to cany out
subsection (a) shall be used for administrative purposes.
“substance abuse counselor education demonstration
project
“Sec. 711. (a) The Secretary, acting through the Service, may
enter into contracts with, or make CTants to, accredited tribally
controlled community colleges, tribally controlled postsecondaiy
vocational Institutions, and eligible community colleges to establish
demonstration projects to develop educational curricula for sub¬
stance abuse counseling.
“(b) Funds provided under this section shall be used only for
developing and providing educational curricula for substance abuse
counseling (including paying salaries for instructors). Such curricula
may be provided through satellite campus programs.
“(c) A contract entered into or a grant provided under this
section shall be for a period of one year. Such contract or grant
may be renewed for an additional one year period upon the approval
of the Secretary.
“(d) Not later than 180 days after the date of the enactment
of this section, the Secretary, after consultation with Indian tribes
and administrators of accredited tribally controlled community col¬
leges, tribally controlled postsecondary vocational institutions, and
eligible community colleges, shall develop and issue criteria for
the review and approvm of applications for funding (including
applications for renewals of funding) under this section. Such cri¬
teria shall ensure that demonstration projects established under
this section promote the development of the capacity of such entities
to educate substance abuse counselors.
“(e) The Secretary shall provide such technical and other assist¬
ance as may be necessary to enable grant recipients to comply
with the provisions of this section.
“(f) The Secretary shall submit to the President, for inclusion
in the report which is required to be submitted under section
801 for fiscal year 1999, a report on the findings and conclusions
derived from the demonstration projects conducted under this sec¬
tion.
“(g) For the purposes of this section, the following definitions
apply:
“(1) The term ‘educational cmriculum’ means one or more
of the followiM:
“(A) (Jlassroom education.
“(B) Clinical work experience.
“(C) Continuing education workshops.
“(2) The term ‘eligible commiinity college’ means an accred¬
ited community college that —
PUBLIC LAW 102-573-OCT. 29, 1992
(i) IS located on or near an Indian reservaHnn-
(u) has entered into a cooperative aereamp^f ,-5:
the governing body of such Inchan LserStion
10 percent Man! e>^<>U>»ent of not less ’tha^
(3) 'Hie term ‘tribally controlled community college’ hna
the m^ng given such term in section 2(aX™of the
U”b“l(ax“" Assistan^Yt 0^19%
ft*}- ^v, ***7? controlled postsecondary vocational
msbtuM- has the meaning given such term int^i^m??i
of the Tnbally Controlled Vocational Institutions Snnnnrtf a«+
of 1990 (20 U,S,C. 2397h(2)). institutions bupport Act
“(h) There are authorized to be appropriated for papK fv,
fiscal years 1OT3. 1994, 1996, 1996, aiff as
he necessa^ to cam out the purcoses of this section. Such sZs
shall remain available until expencied. ®
“GILA RIVER ALCOHOL AND SUBSTANCE ABUSE TREATMENT FACILITY
“Sec. 712. (a) TTie Secreta^ acting through the Service, shaU
estabhsh a regional youth alcohol and substance abuse prevention
^d treatoent center in Sacaton, Arizona, on the Gila River Indian
Reservation. The center shall be estabhshed within facilities leased.
with the consent of the Gila River Indian Community, by the
Service from such Community.
“(b) The center established pursuant to this section shall be
known as the Tiegional Youth Alcohol and Substance Abuse Preven¬
tion ^d Treatment Center*.
“(c) The Secretary, acting through the Service, shaU estabhsh,
as a imit of the remonal center, a youth alcohol and substance
abuse prevention and treatment facility in FaUon, Nevada.
“ALASKA NATIVE DRUG AND ALCOHOL ABUSE DEMONSTRATION
PROJECT
106 STAT. 4581
Establishment.
Arizona.
26 use 1665k.
Establishment
Nevada.
“Sec. 713. (a) The Secretary, acting through the Service, shaU Grants,
make grants to the Alaska Native Health Board for the conduct ^ 1665/.
of a two-part community-based demonstration project to reduce
drug ^d alcohol abuse in Alaska Native viUages and to rehabiUtate
families afflicted by such abuse. Sixty percent of such grant funds
shaU be used by the Health Board to stimulate coordinated commu¬
nity development programs in viUages seeking to organijze to combat
alcohol and drug use. Forty percent of such grant funds shaU
be transferred to a qualified nonprofit corporation providing alcohol
recovery services in the viUage of St. Mary’s, Alaska, to enlace
and strei^then a family life demonstration program of rehabUite-
tion for mmUies that nave been or are a^cted by alcohoUsm.
“(b) The Secretsuy shall submit to the President for inclusion Reports,
in the report required to be submitted to the Congress under
section 801 for fiscal year 1995 an evaluation of the demonstration
project estabhshed under subsection (a).
“AUTHORIZATION OF APPROPRIATIONS
“Sec. 714. Except as provided in sections 703, 706, 708> 710, 25 use 1665m.
and 711, there are authorized to be appropriated sUch sums as
106 STAT. 4582
PUBLIC LAW 102-573— OCT. 29, 1992
25 use 2471,
2414a.
25 use 2472-
2478.
25 use 2412.
may be necessary for each fiscal year through fiscal year 2000
to carry out the provisions of this title.”.
(b) Redesignation and Repeal of Existing Provisions.—
(1) Redesignation. — ^The Indian Alcohol and Substance
Abuse Prevention and Treatment Act of 1986 (25 U.S.C. 2401
et seq.) is amended by redesignating section 4224 as section
4208A.
(2) Repeal. — ^Part 6 of the Indian Alcohol and Substance
Abuse Prevention and Treatment Act of 1986 (25 U.S.C. 2471
et seq.), as amended by paragraph (1), is hereby repealed.
SEC. 703. INDIAN ALCOHOL AND SUBSTANCE ABUSE PREVENTION
AND TREATMENT ACT OF 1986 AMENDMENTS.
The Indian Alcohol and Substance Abuse Prevention and Treat¬
ment Act of 1986 (25 U.S.C. 2401 et seq.) is amended —
(1) in section 4206 —
(A) in subsection (c) —
(i) in paragraph (2) —
(I) by striking “(2) the” and inserting “(B) the”;
(II) by striking “(3) the” and inserting “(C)
the”;
(III) by striking “(4) the” and inserting “(D)
the”;
(IV) in subparagraph (D) (as redesignated by
subclause (III)), by striking “and” at the end;
(V) in subparagraph (E), by striking the period
at the end and inserting “, and”; and
(VI) by adding at the end the following new
subparagraph:
“(F) an evaluation component to measure the success
of efforts made.”; and
(ii) by adding at the end the following new para¬
graph:
“(3) AH Tribal Action Plans shall be updated every 2 years.”;
and
(B) in subsection (d), by amending paragraph (2) to
read as follows:
“(2) There are authorized to be appropriated for grants under
this subsection not more than $2,000,000 for fiscal year 1993 and
such sums as are necessary for each of the fisem years 1994,
1995, 1996, 1997, 1998, 1999, and 2000.”; and
(C) by adding at the end the following new subsection:
“(f)(1) The Secretary of the Interior may make grants to Indian
tribes adopting a resolution pursuant to subsection (a) to implement
and develop community and in-school training, education, and pre¬
vention programs on alcohol and substance abuse, fetal alcohol
syndrome and fetal alcohol effect.
“(2) Funds provided under this section may be used for, but
are not limited to, the development and implementation of tribal
programs for —
“(A) youth employment;
“(B) youth recreation;
“(C) youth cultural activities;
“(D) community awareness pro^ams; and
“(E) community training and education programs.
“(3) There are authorized to be appropriated to carry out the
provisions of this subsection $5,000,000 for fiscal year 1993 and
PUBLIC LAW 102-573— OCT. 29, 1992
106 STAT. 4583
3uch sums as are necessary for each of the fiscal years 1994,
1995, 1996, 1997, 1998, 1999, and 2000.”;
(2) in section 4207(b), by amending paragraph (3) to read
as follows:
“(3) The Assistant Secretary of the Interior for Indian
Affairs shall appoint such employees to work in the Office
of Alcohol and Substance Abuse, and shall provide such fimding,
services, and equipment as may be necessary to enable the
Office of Alcohol and Substance Abuse to carry out its respon¬
sibilities.”;
(3) in section 4210, by amending subsection (b) to read
as follows:
“(b) Authorization of Appropriations.— There are authorized
to be appropriated to carry out this section $500,000 for fiscal
^^ear 1993 and such sums as may be necessary for each of the
Sscal years 1994, 1995, 1996, 1997, 1998, 1999, and 2000.”;
(4) in section 4212(a), by striking out “1989, 1990, 1991,
and 1992” and inserting in heu thereof “1993, 1994, 1995,
1996, 1997, 1998, 1999, and 2000”;
(5) in section 4213(e), by amending paragraphs (1) and
(2) to read as follows:
“(1) For the planning and design, construction, and renovation
)f, or purchase or lease of land or facihties for, emergency shelters
md half-way houses to provide emergency care for Indian youth,
here are authorized to be appropriated $10,000,000 for fiscsd year
L993 and such sums as may be necessary for each of the fiscal
fears 1994, 1995, 1996, 1997, 1998, 1999, and 2000.
“(2) For the staffing and operation of emergency shelters and
lalf-way houses, there are authorized to be appropriated $5,000,000
hr fiscal year 1993 and $7,000,000 for each of the fiscal years
L994, 1995, 1996, 1997, 1998, 1999, and 2000.”;
(6) in section 4216(aXl)—
(A) in subparagraph (A), by striking “and” at the end;
(B) in subparagraph (B), by strilang the period at.
the end and inserting “, emd”; and
(C) by adding at the end the following new subpara¬
graph:
“(C) the Makah Indian Tribe of Washington for the inves¬
tigation and control of illegal narcotic traffic on the M^ah
Indian Reservation arising from its proximity to international
waters.”;
(7) by amending section 4216(a)(3) to read as follows:
“(3) For the purpose of providing the assistance required by
this subsection, there are authorized to be appropriated —
“(A) $500,000 under paragraph (1)(A) for fiscal year 1993
and such sums as may be necessary for each of the fiscal
years 1994, 1995, 1996, 1997, 1998, 1999, and 2000,
“(B) $500,000 under paragraph (1)(B) for fiscal year 1993
and such sums as may be necessary for each of the fiscal
years 1994, 1995, 1996, 1997, 1998, 1999, and 2000, and
“(C) $500,000 under paragraph (1)(C) for fiscal year 1993
and such sums as may be necessary for each of the fiscal
years 1994, 1995, 1996, 1997, 1998, 1999, and 2000.”;
(8) by amending section 4216(b) to read as follows:
“(b)(1) Marijuana Eradication and Interdiction.— The Sec¬
retary of the Interior, in cooperation with appropriate Federal,
tribal, and State and local law enforcement agencies, shall estabhsh
25 use 2413.
25 use 2416.
25 use 2432.
25 use 2433.
25 use 2442.
Washington.
)6 STAT. 4584
PUBLIC LAW 102-573— CKT. 29, 1992
) use 2451.
5 use 2453.
and implement a program for the eradication of marijuana cul¬
tivation, and interdiction, investigation, and control of illegal narcot¬
ics trafficking within Indian country as defined in section 1152
of title 18, United States Code. The Secretary shall establish a
priority for the use of funds appropriated under paragraph (2)
for those Indian reservations where the scope of the problem is
most critical, and such funds shall be available for contracting
by Indian tribes pursuant to the Indian Self-Determination Act
(25 U.S.C. 450jf et seq.).
“(2) For the purpose of establishing the program required by
paragraph (1), there are authorized to be appropriated $2,000,000
for fiscal year 1993 and such sums as may be necessary for each
of the fiscal years 1994, 1995, 1996, 1997, 1998, 1999, and 2000.”;
(9) in section 4218, by amending subsection (b) to read
as follows:
“(b) Authorization. — ^For the purposes of providing the train¬
ing required by subsection (a), there are authorized to be appro¬
priated $2,000,000 for fiscal year 1993 and such sums as may
be necessary for each of the fiscal years 1994, 1995, 1996, 1997,
1998, 1999 and 2000.”; and
(10) in section 4220(b), by amending paragraphs (1) and
(2) to read as follows:
“(1) For the purpose of constructing or renovating juvenile
detention centers as provided in subsection (a), there are
authorized to be appropriated $10,000,000 for fiscal year 1993
and such sums as may be necessary for each of the fiscal
years 1994, 1995, 1996, 1997, 1998, 1999, and 2000.
“(2) For the purpose of staffing and operating juvenile
detention centers, there are authorized to be appropriated
$7,000,000 for fiscal year 1993 and such sums as may be
necessary for each of the fiscal years 1994, 1995, 1996, 1997,
1998, 1999, and 2000.”.
TITLE Vin— MISCELLANEOUS
SEC.8«I.BEPOlrrS.
Section 801 of the Act (25 U.S.C. 1671) (as redesignated by
section 701(b) of this Act) is amended to read as follows:
“REPORTS
“Sec. 801. The President shall, at the time the budget is submit¬
ted under section 1105 of title 31, United States Code, for each
fiscal year transmit to ttie Congress a report contaiimg —
“(1) a report on the progress made in meeting the objectives
of this Act, including a review of programs established or
assisted pursuant to this Act and an assessment and rec¬
ommendations of additional programs or additional assistance
necessary to, at a minimum, provide health services to Indians,
and ensure a health status for Indians, which are at a parity
with the health services available to and the health status
of, the general population;
“(2) a report on whether, and to what extent, new national
health care prop*ams, benefits, initiatives, or financing systems
have had an impact on the purposes of this Act and ^y
steps that the Secreta^ may have taken to consult with Indian
tribes to address such impact;
PUBLIC LAW 102-573— OCT. 29, 1992
106 STAT. 4585
*^3) a report on the use of health services by TnHiiinB —
*'(A) on a national and area or other relevant ge<y-
graphical basis;
“(B) by gender and age;
“(C) by source of pa3nnent and type of service; and
*"(0) comparing such rates of use with rates of use
among comparable non-Indian populations.
"(4) a separate statement which specifies the amount of
fimds requested to carry out the provisions of section 201;
"(5) a separate statement of the total amount obligated
or expended in the most recently completed fiscal year to
achieve each of the objectives described in section 814, relating
to infant and matemm mortality and fetal alcohol sjrndrome;
“(6) the reports required by sections 3(d), 108(n), 203(b),
209(j), 301(c), 302(g), 305(a)(3), 403, 708(e), and 817(a), and
822(f);
“(7) for fiscal year 1995, the report required by sections
702(c)(3) and 713(b);
“(8) for fiscal year 1997, the interim report required by
section 307(hXl); and
“(9) for fiscal year 1999, the reports required by sections
307(hX2), 512(b), 711(f), and 821(g).’’.
[!. 802. REGULATIONS.
Section 802 of the Act (25 U.S.C. 1672) (as redesignated by
:tion 701(b) of this Act) is amended to read as follows:
“REGULATIONS
“Sec. 802. Prior to any revision of or amendment to rules
regulations promulgated pursuant to this Act, the Secretary
fil consult with Indian tribes and appropriate national or re^onsQ
lian organizations and shall publish any proposed revision or
lendment in the Federal Register not less than sixty days prior
the effective date of such revision or amendment in order to
)vide adequate notice to, and receive comments from, other
erested parties.”.
C. 803. EXTENSION OF TREATMENT OF ARIZONA AS A CONTRACT
HEALTH SERVICE DELIVERY AREA.
Section 808 of the Act (25 U.S.C. 1678) (as redesignated by
!tion 701(b) of this Act) is amended by striking out “1991” and
lerting in heu thereof “2000”.
C. 804. INFANT AND MATERNAL MORTALITY: FETAL ALCOHOL SYN¬
DROME.
Section 814 of the Act (25 U.S.C. 1680d) (as redesignated by
:tion 701(b) of this Act) is amended —
(1) by striking out “(a)”; and
(2) by striking out subsection (b).
C. 805. REALLOCATION OF BASE RESOURCES.
Section 817(a) of the Act (25 U.S.C. 1680(g)) (as redesignated
section 701(b) of this Act) is amended by striking out “Secretary
submitted to the Congress” and inserting in lieu thereof the
lowing: “Secretary has submitted to the President, for inclusion
the report required to be transmitted to the Congress under
ition 801,”.
Federal
Register,
publication.
25 use 1680g.
6 STAT. 4586
PUBLIC LAW 102-573— OCT. 29, 1992
mtracts.
SEC. 806. CHILD SEXUAL ABUSE TREATMENT PROGRAMS.
Section 819 of the Act (25 U.S.C. 1680i) (as redesignated by
section 701(b) of this Act) is amended to read as follows:
“CHILD SEXUAL ABUSE TREATMENT PROGRAMS
“Sec. 819. (a) The Secretary and the Secretary of the Interior
shall, for each fiscal year through fiscal year 1995, continue the
demonstration programs involving treatment for child sexual abuse
provided through the Hopi Tribe and the Assiniboine and Sioux
Tribes of the Fort Peck Reservation.
“(b) Beginning October 1, 1995, the Secretary and the Secretary
of the Interior may establish, in any service area, demonstration
programs involving treatment for child sexual abuse, except that
the Secretaries may not establish a greater number of such pro¬
grams in one service area them in any other service area until
there is an equal number of such programs established with respect
to all service areas from which the Secretary receives qualified
applications during the application period (as determined by the
Secretary).”.
SEC. 807. TRIBAL LEASING.
Section 820 of the Act (25 U.S.C. 1680j) (as redesignated by
section 701(b) of this Act) is amended to read as follows:
“TRIBAL LEASING
“Sec. 820. Indian tribes providing health care services pursuant
to a contract entered into under the Indian Self-Determination
Act may lease permanent structures for the purpose of providing
such health care services without obtaining advance approval in
appropriation Acts.”.
SEC. 808. EXTENSION OF TERMINATION DATE OF CERTAIN DEM¬
ONSTRATION PROJECTS; JOINT VENTURE PROJECTS.
Section 818 of the Act (25 U.S.C. 1680h) (as redesignated
by section 701(b) of this Act) is amended —
(1) in subsection (d) —
(A) in paragraph (1), by inserting before the period
at the end the following: “, or, in the case of a dem¬
onstration project for which a grant is made after Septem¬
ber 30, 1990, three years after the date on which such
grant is made”; and
(B) in paragraph (2), by striking “1994” and inserting
“1996”; ana
(2) by amending subsection (e) to read as follows:
“(e)(1) The Secretary, acting through the Service, shall make
arrangements with Indian tribes to establish joint venture dem¬
onstration projects under which an Indian tribe shall expend tribal,
private, or other available nontribal funds, for the acquisition or
construction of a health facility for a minimum of 20 years, under
a no-cost lease, in exchange for agreement by the Service to provide
the equipment, supplies, and staffing for the operation and mainte¬
nance of such a Health facility. A tribe may utilize tribal funds,
private sector, or other available resources, including loan guaran¬
tees, to fulfill its commitment under this subsection.
“(2) The Secretary shall make such an arrangement with an
Indian tribe only if the Secretary first determines that the Indian
106 STAT. 4587
PUBLIC LAW 102-573— OCT. 29, 1992
! has the administrative and financial capabilities necessary
omplete the timely acquisition or construction of the health
ity described in paragraph (1).
(3) An Indian tribe or tribal organization that has entered
a written agreement with the Secretary under this subsection,
that breaches or terminates without cause such agreement,
I be liable to the United States for the amount that has been
to the tribe, or paid to a third party on the tribe’s behalf,
ir the agreement. The Secretary has the right to recover tan-
! property (including supplies), and equipment, less deprecia-
and any funds expended for operations and maintenance under
section. The preceding sentence does not apply to any funds
nded for the delivery of health care services, or for personnel
affing, shall be recoverable.”.
809. HOME AND COMMUNITY BASED CARE DEMONSTRATION
PROJECT.
Title VIII of the Act (as redesignated by subsections (a) and
►f section 701 of this Act) is amended by adding at the end
bllowing new section:
lOME- AND COMMUNITY-BASED CARE DEMONSTRATION PROJECT
“Sec. 821. (a) The Secretary, acting through the Service, is
orized to enter into contracts with, or make grants to, Indian
IS or tribal organizations providing health care services pursu-
to a contract entered into under the Indian Self-Determination
to estabhsh demonstration projects for the delivery of home-
ommunity-based services to functionally disabled In&ans.
“(b)(1) Funds provided for a demonstration project under this
on shall be used only for the delivery of home- and community-
d services (including transportation services) to functionally
bled Indians.
“(2) Such funds may not be used —
“(A) to make cash payments to functionally disabled
Indians;
“(B) to provide room and board for functionally disabled
Indians;
“(C) for the construction or renovation of fadUties or the
purchase of medical equipment; or
“(D) for the provision of nursing facility services.
“(c) Not later than 180 days after the date of the enactment
ds section, the Secretary, after consultation with Indian tribes
tribal organizations, shall develop and issue criteria for the
oval of applications submitted under this section. Such criteria
I ensure that demonstration projects established under this
on promote the development of the capacity of tribes and tribal
zations to deliver, or arrange for the delivery of, high quality,
nally appropriate home- and community-based services to func-
lUy ^sabled Indians;
“(d) The Secretary shall provide such technical and other assist-
as may be necessary to enable applicants to comply with
)rovisions of this section.
“(e) At the discretion of the tribe or tribal organization, services
ded under a demonstration project established under this sec-
may be provided (on a cost basis) to persons otherwise ineligible
he health care benefits of the Service.
26 use 1680k.
l06 STAT. 4588
PUBLIC LAW 102-573— OCT. 29, 1992
leports.
25 use 1680/.
“(f) The Secretary shall establish not more than 24 dem¬
onstration projects under this section. The Secretary may not estab¬
lish a greater number of demonstration projects under this section
in one service area than in any other service area until there
is an equal number of such demonstration projects established
with respect to all service areas from which the Secretmy receives
applications during the application period (as determined by the
Secretary) which meet the criteria issued pursuant to subsection
(c).
“(g) The Secretary shall submit to the President, for inclusion
in the report which is required to be subrmtted under section
801 for fiscal year 1999, a report on the findings and conclusions
derived from the demonstration projects conducted under this sec¬
tion, together with legislative recommendations.
“(h) For the purposes of this section, the following definitions
shall apply:
“(1) The term ‘home- and community-based services’ means
one or more of the following:
“(A) Homemaker/home health aide services.
“(B) Chore services.
“(C) Personal care services.
“(D) Nursing care services provided outside of a nursing
facility by, or under the supervision of, a registered nurse.
“(E) Bespite care.
“(F) Training for family members in managing a func¬
tionally disabled individual.
“(G) Adult day care.
“(H) Such other home- and community-based services
as the Secretary may approve.
“(2) The term ‘functionally disabled’ means an individual
who is determined to require home- and community-based serv¬
ices based on an assessment that uses criteria (including, at
the discretion of the tribe or tribal organization, activities of
daily living) developed by the tribe or tribal organization.
“(i) There are authorized to be appropriated for each of the
fiscal years 1993, 1994, 1995, 1996, and 1997 such sums as may
be necessary to carry out this section. Such sums shall remain
available until expended.”.
SEC. 810. SHARED SERVICES DEMONSTRATION PROJECTS.
Title VIII of the Act (as redesignated by subsections (a) and
(b) of section 701 and amended by section 809 of this Act) is
amended by adding at the end the following new section:
“shared SERVICES DEMONSTRATION PROJECT
“Sec. 822. (a) The Secretary, acting through the Service and
notwithstanding any other provision of law, is authorized to enter
into contracts with Indian tribes or tribal organizations to establish
not more than 6 shared services demonstration projects for the
delivery of long-term care to Indians. Such projects shall provide
for the sharing of staff or other services between a Service facility
and a nursing facility owned and operated (directly or by contract)
by such Indian tribe or tribal organization.
“(b) A contract entered into pursuant to subsection (a) —
“(1) may, at the request of the Indian tribe or tribal
organization, delegate to such tribe or tribal organization such
PUBLIC LAW 102-573— OCT. 29, 1992
106 STAT. 4589
powers of supervision and control over Service employees as
the Secretary deems necessary to carry out the purposes of
this section;
“(2) shall provide that expenses (including salaries) relating
0 services that are shared between the Service facility and
he tribal facility be allocated proportionately between the Serv¬
ice £ind the tribe or tribal organization; and
“(3) may authorize such tribe or tribal organization to
construct, renovate, or expand a nursing facility (induing
he construction of a facility attached to a Service facility),
except that no funds appropriated for the Service shall be
obligated or expended for such purpose.
“(c) To be eli^ble for a contract under this section, a tribe
ibal organization, shall, as of the date of the enactment of
Act —
“(1) own and operate (directly or by contract) a nursing
Facility;
“(2) have entered into an agreement with a consultant
tx) develop a plan for meeting the long-term needs of the tribe
or tribal organization; or
“(3) have adopted a tribal resolution providing for the con¬
struction of a nursing facility.
‘‘(d) ^y nursing facility for which a contract is entered into
sr this section shall meet the requirements for nursing facilities
sr section 1919 of the Social Security Act.
‘‘(e) The Secretary shall provide such technical and other assist-
as may be necessary to enable applicants to comply with
)rovisions of this section.
^(f) The Secretary shall submit to the President, for inclusion
ich report required to be transmitted to the Congress imder
n 801, a report on the findings and conclusions derived from
lemonstration projects conducted under this section.”.
811. RESULTS OF DEMONSTRATION PROJECTS.
ntle yill of the Act (as redesignated by subsections (a) and
)f section 701 and amended by section 810 of this Act) is
ided by adding at the end the following new section:
“RESULTS OF DEMONSTRATION PROJECTS
‘Sec. 823. The Secretary shall provide for the dissemination
dian tribes of the findings and results of demonstration projects
ucted under this Act.”.
812. PRIORITY FOR INDIAN RESERVATIONS.
ritle VIII of the Act (as redesignated by subsections (a) and
)f section 701 and amended by section 811 of this Act) is
aded by adding at the end the following new section:
“PRIORITY FOR INDIAN RESERVATIONS
‘Sec. 824. (a) Beginning on the date of the enactment of this
n, the Bureau of Indian Affairs and the Service shall, in
latters involving the reorganization or development of Service
ities, or in the establishment of related emplo)rment projects
ddress unemployment conditions in economically depressed
s, give priority to locating such facilities and projects on Indian
s if requested by the Indian tribe with jurisdiction over such
Reports.
26 use 1680m.
25 use 1680n.
106 STAT. 4590
PUBLIC LAW 102-573— OCT. 29, 1992
26 use 1680o.
25USC460f
note.
25 use 460f
note.
25USe450f
note.
25 use 1616i.
26 use 1621c.
“(b) For purposes of this section, the term “Indian lands”
means —
“(1) all lands within the limits of any Indian reservation;
and
“(2) any lands title which is held in trust by the United
States for the benefit of any Indian tribe or individual Indian,
or held by any Indian tribe or individual Indian subject to
restriction by the United States against alienation and over
which an Inchan tribe exercises governmental power.”.
SEC. 813. AUTBORIZATION OF APPROPRIATIONS.
(a) Authorization. — ^Title VIII of the Act (as redesignated by
subsections (a) and (b) of section 701 and amended by section
812 of this Act) is amended by adding at the end the following
new section:
“AUTHORIZATION OF APPROPRIATIONS
“Sec. 825. Except as provided in section 821, there are author¬
ized to be appropriated such sums as may be necessary for each
fiscal year through fiscal year 2000 to carry out this title.”.
(b) Conforming Amendments. — Section 807 of the Act (25
U.S.C. 1677) (as redesimated by subsections (a) and (b) of section
701 of this Act) is amended by striking out subsection (f).
SEC. 814. TRIBAL SELF-GOVERNANCE PROJECT.
The Indian SeLf-Determination and Education Assistance Act
(25 U.S.C. 450f note) is amended —
(1) in section 301, by inserting after “Interior” the following:
“and the Secretary of Health and Human Services (hereafter
in this title referred to as the ‘Secretaries’) each”;
(2) in sections 302, 303, 304, and 305, by striking “Sec¬
retary” each place it appears and inserting in lieu thereof
“Secretaries”;
(3) in section 303(a)(1), by inserting after “Interior” the
following: “and the In^an Health Sendee of the Department
of Health and Human Services”; and
(4) by adding after section 309 the following new section:
“Sec. 310. For the purposes of providing one year planning
and negotiations grants to the Indian tribes identified by section
302, with respect to the progrsims, activities, functions, or services
of the Indian Health Service, there are authorized to be appro¬
priated such sums as may be necessary to cany out such purposes.
Upon completion of an authorized planning activity or a comparable
planning activity by a tribe, the Secretary is authorized to negotiate
and im^ement a Compact of Self-Governance and Annual Funding
Agreement with such tribe.”.
TITLE rx— TECHNICAL CORRECTIONS
SEC. 901. REPEAL OF EXPIRED REPORTING REQUIREMENTS.
The Act is amended —
(1) in section 116, by striking out subsection (d);
(2) in section 204(a) —
(A) by.striking out paragraph (2);
(B) by striking out “(a)(1)” and inserting in lieu thereof
“(a)”;
(C) by redesignating subparagraphs (A) and (B) as
paragraphs (1) and (2), respectively; and
(D) in paragraph (2) (as redesignated by subparagraph
(O), by striking out “subparagraph (A)” and inserting in
lieu thereof “paragraph (1)”;
(3) in section 602, by striking out subsection (a)(3); and
(4) by striking out section 803 (as redesignated by section
)l(b) of this Act).
[)2. OTHER TECHNICAL CORRECTIONS,
be Act is amended —
(1) in section 4(c), by striking out “sections 102, 103, and
)l(c)(5),” and inserting in lieu thereof the following: “sections
)2 and 103,”;
(2) in title I —
(A) in section 102(b)(1), by striking “: Provided, That
the” and inserting in lieu thereof “. The”;
(B) in section 105(c), by striking out “Department of
Health, Education, and Welfare” and inserting in lieu
thereof “Department of Health and Human Services”;
(C) in section 108(d)(1)(A), by striking out “Indian
Health” and inserting in heu thereof “Indian health”; and
(D) in section 108(i), by striking out “Service manpower
programs” and inserting in lieu thereof “health professional
programs of the Service”.
(3) in title II —
(A) by striking out “SEC. 209. MENTAL HEALTH
PREVENTION AND TREATMENT SERVICES.” and
inserting in Ueu thereof the following:
“mental health prevention and treatment SERVICES
!ec. 209.”; and
(B) in section 209, by redesignating subsections (c)
through (1) as subsections (b) through (k), respectively;
(4) in title III —
(A) by striking out “SEC. 307. INDIAN HEALTH
CARE DELIVERY DEMONSTRATION PROJECT.” and
inserting in lieu thereof the following:
INDIAN HEALTH CARE DELIVERY DEMONSTRATION PROJECT
!ec. 307.”; and
(B) in section 301(d) (as redesignated by section 301(2)
of this Act), by striking out “sections 102 and 103(b)” and
inserting in heu thereof “section 102”;
(5) in title V —
(A) by striking out “SEC. 409. FACILITIES REN¬
OVATION.” and inserting in lieu thereof the following:
“FACILITIES RENOVATION
!ec. 509.”; and
(B) by striking out “SEC. 511. URBAN HEALTH
PROGRAMS BRANCH.” and inserting in lieu thereof
the following:
25 use 1662.
25 use 1673.
25 use 1603.
25 use 1612.
25 use 1614.
25 use 1616a.
25 use 1621h.
25 use 1637.
25 use 1631.
25 use 1659.
25 use 1660.
)6 STAT. 4592
PUBLIC LAW 102-573— OCT. 29, 1992
“urban health programs branch
5 use 1661.
5 use 1680c.
5 use 1680f.
“Sec. 510.”’
(6) in section 601(c)(3)(D), by striking out “(25 U.S.C. 2005,
et seq.)” and inserting in lieu thereof “(42 U.S.C. 2005 et
seq.)”;
(7) in section 601(d)(1)(C), by striking out “appropriate”
and inserting in lieu thereof “appropriated”;
(8) in section 813(b)(2)(A) (as redesignated by section 701(b)
of this Act), by striking out “section 402(c)” and inserting in
lieu thereof “section 402(a)”; and
(9) by amending the heading for section 816 (as redesig¬
nated by section 701(b)) to read as follows:
“INDIAN HEALTH SERVICE AND DEPARTMENT OF VETERANS AFFAIRS
HEALTH FACILITIES AND SERVICES SHARING”.
Approved October 29, 1992.
LEGISLATIVE HISTORY— S. 2481;
t02-392 (Comm, on Indian Affairs).
CXDNGRESSIONAL RECORD, Vol. 138 (1992):
Sept. 18, considered and passed Senate.
Oct. 2, 3, considered and passed House, amended.
“ House amendment.
OF PRESIDENTIAL DOCUMENTS, Vol. 28 (1992):
Oct. 29, Presidential statement.
Page
A
ed Barge Act of 1992;..:... . 5081
Reports Act, amendments . 973,
974, 978
L Reorganization Act . 323
L Reorganization Act,
dments . 939, 2091
irative Dispute Resolution
imendments . 946
;rative Procedure
nical Amendments Act of
. 944
ucation Act, amendments . 1103
Council on California
in Policy Act of 1992 . 2131
levelopment Fund Act,
dments . 98
Slephant Conservation Act,
dments . 2234
or Health Care Policy and
irch Reauthorization Act
. 2094
iral Act of 1949,
dments . 176
iral Adjustment Act,
dments . 4141
iral Adjustment Act of
amendments . 3526, 4269
iral Credit Act of 1987,
ments . 4116, 4161
iral Credit Improvement
f 1992 . 4142
iral Development and
B Act of 1990, amendments . 3350
iral Trade Act of 1978,
dments . 3349-3352
iral Trade Development
Assistance Act of 1954,
dments . 3509, 3669
re. Rural Development,
and Drug Administration,
lelated Agencies
opriations Act, 1992,
dments . 1130
re. Rural Development,
and Drug Administration,
lelated Agencies
opriations Act, 1993 . 873
le, and Competitiveness
f 1992 . 3658
nd Airway Improvement
f 1982, amendments . 4872
>nd Airway Safety and
city Expansion Act of
amendments . 4887
nd Airway Safety,
city. Noise Improvement,
ntermodal Transportation
f 1992 . 4872
foise and Capacity Act of
amendments . 4889
P|>ge
Ak«Chin Water Use Amendments
Act of 1992 . 3258
Alaska Land Status Technical
Corrections Act of 1992 . 2112
Alaska National Interest Lands
Conservation Act, amendments . 2112
Alaska Native Claims Settlement
Act, amendments . 2112-2115, 2121
Alaska Natural Gas Transportation
Act of 1976, amendments . 3128
Alien Species Prevention and
Enforcement Act of 1992 . 1774
Alternative Motor Fuels Act of
1988, amendments . 2871
Alternative Routes to Teacher
Certification and Licensure Act
of 1992 . 698
Alzheimer’s Disease and Related
Dementias Research Act of
1992, amendments . 3281
Alzheimer’s Disease and Related
Dementias Services Research
Act of 1986, amendments . 3281
Alzheimer’s Disease Research,
Training, and Education
Amendments of 1992 . 3281
American Automobile Labeling
Act . 1556
American Folklife Preservation
Act, amendments . 1954
American Indian, Alaska Native,
and Native Hawaiian Culture
and Art Development Act,
amendments . 805-808
American Technology Preeminence
Act of 1991 . 7
American Technology Preeminence
Act of 1991, amendments . 848
Amtrak Authorization and
Development Act . 3515
Animal Enterprise Protection Act
of 1992 . 928
Annunzio-Wylie Anti-Money
Laundering Act . 4044
Anti Car Theft Act of 1992 . 3384
Anti-Drug Abuse Act of 1988,
amendments . 1788, 3710, 3718, 3719
Arizona-Idaho Conservation Act of
1988, amendments . 3441
Arkansas-Idaho Land Exchange
Act of 1992 . 4937
Arkansas Wild and Scenic Rivers
Act of 1992 . 123
Armament Retooling and
Manufacturing Support Act of
1992 . > . 2347
Armed Forces Retirement Home
Act of 1991, amendments . 2394
Arms Export Control Act,
amendments . 1672,
2195, 2333, 2468, 4935
Army National Guard Combat
Readiness Reform Act of 1992 . 2536
1 contains pages 3-914: Part 2 contains pages 915-1827: Part 3 contains pages 1828-2770; Part 4 contains
A2 POPULAR NAME INDEX
Page
Asian Development Bank Act,
amendments . 97
Atomic Energy Act of 1954,
amendments . 2644,
2923, 2942-2945, 2951, 3120-3122
Audio Home Recording Act of
1992 . 4237
Aviation Safety and Capacity
Expansion Act of 1990,
amendments . 4883
B
Balanced Budget and Emergency
Deficit Control Act of 1985,
amendments . 2944, 4514
Bank Enterprise Act of 1991,
amendments . 3888, 4066
Bankruptcy Judgeship Act of
1992 . 965
Barry Goldwater Scholarship and
Excellence in Education Act,
amendments . 2503
Battered Women's Testimony Act of
1992 . 3459
Benjamin Franklin National
Memorial Commemorative
Medal and Fire Service Bill of
Rights Act . 1986
Boundary Act, amendments . 3138-3141
Bretton Woods Agreements Act,
amendments . 3357, 3359
Business Opportunity Development
Reform Act of 1988,
amendments . 1001
C
Cable Television Consumer
Protection and Competition
Act of 1992 . 1460
California Wilderness Act of 1984,
amendments . 244
Cancer Registries Amendment
Act . 3372
Carl D. Perkins Vocational and
Applied Technology Education
Act, amendments . 1102
Cash Management Improvement
Act Amendments of 1992 . 5133
Cash Management Improvement
Act of 1990, amendments . 5133
Cedar River Watershed Land
Exchange Act of 1992 . 2258
Central Bering Sea Fisheries
Enforcement Act . 4906
Central Intelligence Agency Act of
1949, amendments . 3187, 3251, 3252
Cent 1 telliifence A^ennv
Page
Central Valley Project
Improvement Act . 4706
Child Abuse, Domestic Violence,
Adoption and Family Services
Act of 1992 . 187
Child Abuse Prevention and
Treatment Act, amendments . 187,
5037
Child Abuse Prevention and
Treatment and Adoption
Reform Act of 1978,
amendments . 211, 213, 214
Child Care and Development Block
Grant Act Amendments of 1992,
amendments . 5035
Child Care and Development Block
Grant Act of 1990, amendments . 1959
Child Nutrition Act of 1966,
amendments . 280, 911, 3363
Child Nutrition Amendments of
1992 . 911
Child Support Recovery Act of
1992 . 3403
Children's Nutrition Assistance Act
of 1992 . 3363
Children's Television Act of 1990,
amendments . 954
Chinese Student Protection Act of
1992 . 1969
Choice in Public Housing
Management Act . 3701
Christopher Columbus Fellowship
Act . 142
Christopher Columbus
Quincentenary Coin Act . 139
CIARDS Technical Corrections Act
of 1992 . 3196
Civil Justice Reform Act of 1990,
amendments . 4513
Civil Liberties Act Amendments of
1992 . 1167
Civil Liberties Act of 1988,
amendments . 1167
Civil Rights Act of 1964,
amendments . 2102
Civil Rights Act of 1991,
amendments . 1724
Civil War Battlefield
Commemorative Coin Act of
1992 . 1362
Clean Vessel Act of 1992 . 5086
Coal Industry Retiree Health
Benefit Act of 1992 . 3036
Coast Guard Authorization Act of
1992 . 5068
Coastal Zone Act Reauthorization
Amendments of 1990,
amendments . 5050-5052
1Wf am A^4- A#
POPULAR NAME INDEX
Page
rcial Space Launch Act,
ndments . 5115, 5124
dity Distribution Reform
and WIC Amendments of
r, amendments . 914
dity Exchange Act,
ndments . 3590
nications Act of 1934,
ndments . 949,
I, 1463, 3540, 3542, 3542-3544, 4182,
4194, 4195
nications Amendments of
S, amendments . 1502
ity Environmental
ponse Facilitation Act . 2174
ity Investment
poration Demonstration
. 3859
nity Outreach Partnership
of 1992 . 3855
ity Reinvestment Act of
r, amendments . 3874
t of Free Association Act of
►, amendments . 39, 3120
'tive Equality Banking Act
987, amendments . 3893
hensive Environmental
ponse. Compensation, and
>ility Act of 1980,
ndments . 2174, 2373, 3506
hensive Smoking
cation Act, amendments . 3504
isional Award Act,
ndments . 2265
isional Award Act
mdments of 1992 . 2265
isional Operations
ropriations Act, 1990,
ndments . 1706
»sional Operations
ropriations Act, 1991,
dments . 1723
ssional Operations
ropriations Act, 1993 . 1703
dated Farm and Rural
elopment Act, amendments ...4137-
4139, 4142
d Disputes Act of 1978,
ndments . 4518
;ht Amendments Act of
! . 264
[ht Renewal Act of 1992 . 264
rfeit Deterrence Act of
! . 4070
f Federal Claims Technical
Procedural Improvements
A3
Page
Cranston-Gonzalez National
Affordable Housing Act,
amendments . 113^
1581, 2786, 2791, 2792, 3709, 3710, 3712’
3723, 3734r-3738, 3751-3762, 3769, 3772,
3778, 3804-3811, 3818, 3826, 3830, 3872,
3873, 3877, 3905, 3906, 3908, 3940, 4038,
4039
Critical Needs for Tribal
Development Act . 803
Crime Control Act of 1990,
amendments . 5015
Cuban Democracy Act of 1992 . 2575
D
David L. Boren National Security
Education Act of 1991 . 3185
Dayton Aviation Heritage
Preservation Act of 1992 . 2141
Defense Acquisition Workforce
Improvement Act, amendments... .1359,
2452
Defense Authorization
Amendments and Base Closure
and Realignment Act,
amendments . 2606
Defense Base Closure and
Realignment Act of 1990,
amendments . 2502, 2607, 2608
Defense Conversion, Reinvestment,
and Transition Assistance Act
of 1992 . 2658
Defense Dependent's Education Act
of 1978, amendments . 2392
Defense Economic Diversification,
Conversion, and Stabilization
Act of 1990, amendments . 2664
Defense Industrial Reserve Act,
amendments . 2690, 2691
Defense Production Act
Amendments of 1992 . 4198
Defense Production Act of 1950,
amendments . 2463-2465, 4198
Demonstration Cities and
Metropolitan Development Act
of 1966, amendments . 2503
Department of Commerce
Appropriations Act, 1993 . 1848
Department of Defense
Appropriations Act, 1987,
amendments . 2479
Department of Defense
Appropriations Act, 1992,
amendments . 226, 1919, 2353, 2433
Department of Defense
Appropriations Act, 1993 . 1876
Department of Defense
Authorization Act, 1984,
amendments . 2408
Department of Defense
Authorization Act, 1986,
r>o A "t rko A rr
Page
Page
Department of Defense
Authorization Act for Fiscal
Year 1991, amendments . 2450
Department of Education
Appropriations Act, 1993 . 1813
Department of Education
Organization Act, amendments . 838
Department of Energy Metal
Casting Competitiveness
Research Act of 1990,
amendments . 3070
Department of Energy
Organization Act, amendments . 2864
Department of Health and Human
Services Appropriations Act,
1993 . 1799
Department of Housing and Urban
Development Act, amendments ....3866,
3867, 3884, 3885, 3887, 3969
Department of Housing and Urban
Development Reform Act of
1989, amendments . 3710, 3711
Department of Justice and Related
Agencies Appropriations Act,
1993 . 1828
Departments of Commerce, Justice,
and State, the Judiciary, and
Related Agencies
Appropriations Act, 1992,
amendments . 249, 993
Departments of Commerce, Justice,
and State, the Judiciary, and
Related Agencies
Appropriations Act, 1993 . 1828
Departments of Labor, Health and
Human Services, and
Education, and Related
Agencies Appropriations Act,
1993 . 1792
Departments of Veterans Affairs
and Housing and Urban
Development, and Independent
Agencies Appropriations Act,
1993 . 1571
Departments of Veterans Affairs
and Housing and Urban
Development, and Independent
Agencies Appropriations Act,
1993, amendments . 3641
Dependency and Indemnity
Compensation Reform Act of
Department of Labor
Appropriations Act, 1993 . 1792
Department of State and Related
Agencies Appropriations Act,
1993 . . . 1864
Department of the Interior and
Related Agencies
Appropriations Act, 1991,
amendments . 1386, 1406,4137
Department of the Interior and
Related Agencies
Appropriations Act, 1993 . 1374
Department of Transportation Act,
amendments . 980
Department of Transportation and
Related Agencies
Appropriations Act, 1992,
amendments . 1555
Department of Transportation and
Related Agencies
Appropriations Act, 1993 . 1520
Departments of Commerce, Justice,
and State, the Judiciary, and
Related Agencies
Appropriation Act, 1988 . 1750
Departments of Commerce, Justice,
and State, the Judiciary, and
Related Agencies
Appropriations Act, 1989,
amendments . 954
Departments of Commerce, Justice,
and State, the Judiciary, and
Related Agencies
Appropriations Act, 1990,
amendments . 1847
1992 . 4321
Depository Institutions Disaster
ReUef Act of 1992 . 2771
DES Education and Research
Amendments of 1992 . 2092
Dietary Supplement Act of 1992 . 4500
Dire Emergency Supplemental
Appropriations Act, 1992, for
Disaster Assistance To Meet
Urgent Needs Because of
Calamities Such as Those
Which Occurred in Los Angeles
and Chicago . 248
Dire Emergency Supplemental
Appropriations Act, 1992,
Including Disaster Assistance
To Meet the Present
Emergencies Arising From the
Consequences of Hurricane
Andrew, Typhoon Omar,
Hurricane Iniki, and Other
Natural Disasters, and
Additional Assistance to
Distressed Communities . 1117
Dire Emergency Supplemental
Appropriations Act, 1992,
Including Disaster Assistance
to Meet the Present
Emergencies Arising From the
Consequences of Hurricane
Andrew, Typhoon Omar,
Hurricane Iniki, and Other
Natural Disasters, and
Additional Assistance to
Distressed Communities,
amendments . 1604, 1940
A
Page
rgency Supplemental
priations and Transfers
lief From the Effects of
al Disasters, for Other
t Needs, and for
nental Cost of **Operation
t Shield/Desert Storm**
1992, amendments . 1124,
1130, 2565, 3341
rgency Supplemental
priations for
quences of Operation
t Shield/Desert Storm,
Stamps, Unemployment
ensation Administration,
ins Compensation and
ins, and Other Urgent
Act of 1991, amendments.... 1118
*gency Supplemental
priations for Disaster
ance. Food Stamps,
ployment Compensation
listration, and Other
t Needs, and Transfers,
educing Funds Budgeted
litary Spending Act of
imendments . 1325, 1723
! Columbia
priations Act, 1990,
ents . 1434
! Columbia
priations Act, 1992,
ments . 1446
! Columbia
priations Act, 1993 . 1422
f Columbia Self-
nment and Governmental
anization Act of 1973,
ents . 1433
! Columbia Spouse Equity
1988, amendments . 2167
! Columbia Supplemental
priations and Rescissions
)92 . 1443
aard, Jr. — 1996 Atlanta
nnial Olympic Games
emorative Coin Act . 1620
Eisenhower Leadership
ipment Act of 1992 . 783
ivid Eisenhower
lemorative Coin Act of
imendments . 1628
E
Stabilization Act of 1970,
ents . 4506
i Amendments of 1978,
ents . 3504
L Council Act of 1991,
ments . 962
L of the Deaf Act
clments of 1992 . 2151
Page
Education of the Deaf Act of 1986,
amendments . 2151
Educational Agencies Financial
Aid Act, amendments . 2397
EEOC Education, Technical
Assistance, and Training
Revolving Fund Act of 1992 . 2102
Egg Products Inspection Act,
amendments . 4499
Elementary and Secondary
Education Act of 1965,
amendments . 962, 3586
Elwha River Ecosystem and
Fisheries Restoration Act . 3173
Emergency Unemployment
Compensation Act of 1991,
amendments . 3-5, ^0-295, 317
Emergency Wetlands Resources
Act of 1986, amendments . 2235
Emerging Technologies and
Advanced Technology Program
Amendments Act of 1991 . 15
Energy and Water Development
Appropriation Act, 1988,
amendments . 2944
Energy and Water Development
Appropriations Act, 1992,
amendments . 2882
Energy and Water Development
Appropriations Act, 1993 . 1315
Energy and Water Development
Appropriations Act, 1993,
amendments . 1416
Energy Conservation and
Production Act, amendments . 2782,
2783, 2786, 2842, 2843
Energy Policy Act of 1992 . 2776
Energy Policy and Conservation
Act, amendments . 2806,
2808-2810, 2815-2817, 2821, 2822, 2824,
2829, 2831-2833, 2840, 2841, 2868, 2874,
2875, 2962-2964, 2993-2995
Energy Reorganization Act of 1974,
amendments . 2843, 3123, 3124
Energy Security Act, amendments . 3003,
3876
Enterprise for the Americas Act of
1992 . 3664
Enterprise for the Americas
Initiative Act of 1992 . 3509
Equal Credit Opportunity Act,
amendments . 4082
Ethics in Government Act of 1978,
amendments . 1356, 1357, 3280
Ethics Reform Act of 1989,
amendments . 1873
Excellence in Mathematics,
Science, and Engineering Act
of 1990, amendments . 840
Executive Office Appropriations
Act, 1993 . 1738
A6
POPULAR NAME INDEX
Page
Experimental Program to
Stimulate Competitive
Research on Space and
Aeronautics Act . 5119
Export Administration
Amendments Act of 1985,
amendments . 2205
Export Enhancement Act of 1988,
amendments . 2199, 2201, 2202, 2204
Export Enhancement Act of 1992 . 2186
Export’Import Bank Act of 1945,
amendments . 95,
2187, 2189, 2190, 2191, 2193-2196, 2198,
2199, 4932, 4935
F
FAA Civil Penalty Administrative
Assessment Act of 1992 . 923
Fair Credit Reporting Act,
amendments . 3531, 4082
Fair Debt Collection Practices,
amendments . 4082
Fair Packaging and Labeling Act,
amendments . 13, 847
Family Support Act of 1988,
amendments . 317
Family Violence Prevention and
Services Act, amendments . 201
Farm Credit Act of 1971,
amendments . 4103, 4116, 4142
Farm Credit Banks and
Associations Safety and
Soundness Act of 1992 . 4102
Federal Aviation Act of 1958,
amendments . 923,
4877, 4885, 4889, 4897
Federal Aviation Administration
Research, Engineering, and
Development Authorization Act
of 1992 . 4895
Federal Communications
Commission Authorization Act
of 1988, amendments . 3542, 3545
Federal Courts Administration Act
of 1992 . 4506
Federal Credit Union Act,
amendments . 4044,
4047, 4050, 4053, 4054
Federal Deposit Insurance Act,
amendments . 1592,
3780, 3888, 3895, 4044, 4048-4052, 4055,
4058, 4059, 4066, 4069, 4078-4082, 4084,
4088, 4089, 4090, 4224, 4225
Federal Deposit Insurance
Corporation Improvement Act
of 1991 . 1592,
3780, 4075, 4084-4086, 4224-4226
Federal Employee Pay
Comparability Act of 1990,
amendments . 1346
Page
Federal Facility Compliance Act of
1992 . 1505
Federal Fire Prevention and
Control Act of 1974,
amendments . 3410
Federal Food, Drug, and Cosmetic
Act, amendments . 149, 238, 941, 4491
Federal Home Loan Bank Act,
amendments . 1358,
3780, 3783, 4009, 4090-4096
Federal Home Loan Mortgage
Corporation Act, amendments . 4002
Federal Housing Enterprises
Financial Safety and
Soundness Act of 1992 . 3941
Federal Land Policy and
Management Act of 1976,
amendments . 3096
Federal Meat Inspection Act,
amendments . 4499
Federal National Mortgage
Association Charter Act,
amendments . 3793, 3876, 3994, 3995
Federal Nonnuclear Energy
Research and Development Act
of 1974, amendments . 3092
Federal Pay Comparability Act of
1970, amendments . 1358
Federal Power Act, amendments . 2911,
2915, 2916, 2919, 2920, 2921
Federal Property and
Administrative Services Act of
1949, amendments . 2851
Federal Railroad Safety Act of
1970, amendments . 972-978, 980, 3522
Federal Reserve Act, amendments . 2774,
3144, 3895, 4080
Federal Reserve Bank Branch
Modernization Act . 3144
Federal-State Extended
Unemployment Compensation
Act of 1970, amendments . 295, 296
Federal Trade Commission Act,
amendments . 4082
Federal Transit Act, amendments . 1131,
1566, 1567
Federal Water Pollution Control
Act, amendments . 1554, 4862
Federal Water Project Recreation
Act, amendments . 1332, 4691, 4692
Federally Supported Health
Centers Assistance Act of
1992 . 3268
Fertility Clinic Success Rate and
Certification Act of 1992 . 3146
Financial Institutions Reform,
Recovery, and Enforcement Act
of 1989, amendments . 2771, 3894
Fire Administration Authorization
POPULAR NAME INDEX A7
Page
toration and Management
^ts Act, amendments... .5087, 5088
an’s Protective Act of 1967,
dments . 4904
National Forest
rgement Act . 181
■Ceys National Marine
tuary and Protection Act,
dments . 5053-5055
[riculture. Conservation,
Frade Act Amendments of
, amendments . 4116, 4138, 4139
[riculture. Conservation,
Frade Act of 1990,
dments . 3349, 4098, 4137
jurity Act of 1985,
dments . 447, 3348, 4098, 4137
imp Act of 1977,
dments . 90, 937, 1113
Assistance Act of 1961,
dments . 1675,
3324, 3355, 3651-3655, 3664-3669,
4060-4062, 4914
Direct Investment and
'national Financial Data
ovements Act of 1990,
dments . 2503
Operations, Export
ncing, and Related
rams Appropriations Act,
, amendments . 1685, 3356
Operations, Export
ncing, and Related
rams Appropriations Act,
, amendments . 1685, 3266
Operations, Export
ncing, and Related
rams Appropriations Act,
. . . 1633
Relations Authorization
Fiscal Years 1986 and 1987,
dments . 1726
Relations Authorization
Fiscal Years 1990 and 1991,
dments . 3264, 3353
Relations Authorization
Fiscal Years 1992 and 1993,
dments . 1869, 3352, 3353
Service Act of 1980,
dments . 3264
Soviet Union
Llitarization Act of 1992 . 2563
anunzio Act . 139
anunzio Act, amendments . 1628
ksburg and Spotsylvania
ity Battlefields Memorial
>nal Military Park
insion Act of 1989,
dments . 3565
1 for Russia and Emerging
Page
FREEDOM Support Act . 3320
Fur Seal Act of 1966, amendments . 65
Futures Trading Practices Act of
1992 . 3590
G
Gambling Devices Transportation
Act, amendments . 61, 62
General Education Provisions Act,
amendments . 838, 840
Generic Drug Enforcement Act of
1992 . 149
Geothermal Energy Research,
Development, and
Demonstration Act of 1974,
amendments . 4224
Gold Bullion Coin Act of 1985,
amendments . 1628
Golden Gate National Recreation
Area Act, amendments . 3441
Golden Gate National Recreation
Area Addition Act of 1992 . 236
Grand Canyon Protection Act of
1992 . 4669
Great Lakes Fish and Wildlife
Tissue Bank Act . 2233
H
Haida Land Exchange Act of 1986,
amendments . 2122, 2125
Hawaii Tropical Forest Recovery
Act . 4593
Hawaiian Homes Commission Act,
1920, amendments . 1953
Hawaiian Islands National Marine
Sanctuaiy Act . 5055
Hazardous Liquid Pipeline Safety
Act of 1979, amendments . 3299-3306
Hazardous Materials
Transportation Act,
amendments . 3311
Hazardous Materials
Transportation Uniform Safety
Act of 1990, amendments . 3311
Head Start Act, amendments . 1956, 5035
Head Start Improvement Act of
1992 . 1956
Health Maintenance Organization
Amendments of 1986,
amendments . 3503
Health Omnibus Programs
Extension of 1988, amendments. ..2091,
3506
Health Professions Education
Extension Amendments of
1992 . 1992
Health Professions Education
Extension Amendments of 1992,
amendments . 3507
3506
1985, amendments .
Helen Keller National Center Act,
amendments . 4482, 4483, 4485, 4486
High Plains States Groundwater
Demonstration Program Act of
1983, amendments . 4689
High Seas Driftnet Fisheries
Enforcement Act . 4900
Higher Education Act of 1965,
amendments . 448, 1820, 2084, 2086
Higher Education Amendments of
1992 . 448
Higher Education Amendments of
1992, amendments . 1820
Higher Education Facilities Act of
1992 . 738
Higher Education Technical
Amendments of 1991,
amendments . 838
Higher Education Tribal Grant
Authorization Act . 798
Home Mortgage Disclosure Act of
1975, amendments . 3889
Home Owners' Loan Act,
amendments . 276, 3893, 3894, 4089
Homeless Children's Assistance Act
of 1992 . 3363
Homeless Veterans Comprehensive
Service Programs Act of 1992 . 5136
Hoover Power Plant Act of 1984,
amendments . 2799
Horn of Africa Recovery and Food
Security Act . 115
Hours of Service Act, amendments . 973,
974, 977
Housing Act of 1949, amendments . 3832-
3842, 3907
Housing Act of 1959, amendments . 3802-
3805, 3829, 3831, 3876, 4083
Housing and Community
Development Act of 1974,
amendments . 1591,
3718, 3820, 3843-3851, 3868, 3873, 3905,
3940
Housing and Community
Development Act of 1987,
amendments . 3738,
3739, 3762-3765, 3772, 3855, 3869
Housing and Community
Development Act of 1992 . 3672
Housing and Community
Development Amendments of
1978, amendments . 3776-3778
Housing and Community
Development Amendments of
1981, amendments . 3711
Housing and Urban Development
Act of 1968, amendments . 3719-
3721, 3878
Housing and Urban Development
Act of 1970, amendments . 3866, 3883
Kecovery Act of 1983,
amendments . 3709, 3852-3854
I
Immigration and Nationality Act of
1952, amendments . 1843
Immigration Reform and Control
Act of 1986, amendments . 1808
Impact Aid Act, amendments . 2397
Incarcerated Witness Fees Act of
1991 . 2138
Incentive Grants for Local
Delinquency Prevention
Programs Act . 5027
Independent Agencies
Appropriations Act, 1993 . 1742
Independent Safety Board Act of
1974, amendments . 3307
Indian Alcohol and Substance
Abuse Prevention and
Treatment Act of 1986,
amendments . 4582-4584
Indian Employment, Training and
Related Services
Demonstration Act of 1992 . 2302
Indian Environmental General
Assistance Program Act of
1992 . 3258
Indian Gaming Regulatory Act,
amendments . 3261
Indian Health Amendments of
1992 . 4526
Indian Health Care Improvement
Act, amendments . 4526
Indian Self-Determination and
Education Assistance Act,
amendments . 4590
Indiana Dunes National Lakeshore
Access and Enhancement Act . 2208
Individuals with Disabilities
Education Act, amendments . 2164,
2165, 4486, 4487
Inland Navigational Rules Act of
1980, amendments . 5074
Intelligence Authorization Act,
Fiscal Year 1991, amendments . 429,
3183
Intelligence Authorization Act for
Fiscal Year 1993 . 3180
Intelligence Organization Act of
1992 . 3188
Inter-American Development Bank
Act, amendments . 1693
Interjurisdictional Fisheries Act of
1986, amendments . 1937
Intermodal Safe Container
Transportation Act of 1992 . 3646
Intermodal Surface Transportation
Efficiency Act of 1991,
amendments . 858,
1550, 1552, 1555, 1561-1566, 1568, 3314,
Page
Page
nal Revenue Code of 1986,
mendments . 4,
297-299, 1764, 3012, 3037, 4342, 4898
national Banking Act of 1978,
mendments . 4056, 4081—4083, 4224
national Dolphin
lonservation Act of 1992 . 3425
national Emergency Economic
*ower8 Act, amendments . 1773, 1943
national Finance Corporation
iCt, amendments . 97, 3361
national Financial
nstitutions Act, amendments . 3361,
3362
national Forestry Cooperation
LCt of 1990, amendments . 4593, 4596
national Narcotics Control
LCt of 1986, amendments . 4933
national Narcotics Control
LCt of 1988, amendments . 4933
national Narcotics Control
LCt of 1989, amendments . 4933
national Narcotics Control
LCt of 1992 . 4914
‘national Peacekeeping Act of
992 . 277
‘national Security and
development Cooperation Act
if 1985, amendments . 94
■national Travel Act of 1961,
mendments . 1170
'State Commerce Act,
mendments . 973, 974, 978
Iraq Arms Non-Proliferation
Let of 1992 . 2571
J
ds Madison — ^Bill of Rights
Commemorative Coin Act . 145
nese American National
listoric Landmark Theme
itudy Act . 42
rilla Apache Tribe Water
lights Settlement Act . 2237
Fraining Partnership Act,
mendments . 1021 ,
2742, 2748, 2750, 2751
Fraining Reform Amendments
►f 1992 . 1021
Fraining Reform Amendments
►f 1992, amendments . 2751
Through Exports Act of 1992 . 3651
I F. Kennedy Center Act,
mendments . 3267
I Heinx Neighborhood
development Act . 3852
ison Act, amendments . 61, 62
cial Improvements Act of 1990,
mendments . 4513
ciary Appropriations Act,
L993
Judiciary Office Building
Development Act, amendments ....1723,
1724
Juvenile Justice and Delinquency
Prevention Act of 1974,
amendments . 4982
K
Klamath River Basin Fishery
Resources Restoration Act,
amendments . 4490
Koniag Lands Conveyance
Amendments of 1991 . 3138
Korean War Veterans Memorial
Thirty-Eighth Anniversary
Commemorative Coin Act,
amendments . 1628
L
Labor-Management Relations Act,
1947, amendments . 946
Lake Andes-Wagner/Marty II Act of
1992 . 4677
Land Remote-Sensing
Commercialization Act of 1984,
amendments . 4166, 4279
Land Remote Sensing Policy Act of
1992 . 4163
Lead-Based Paint Exposure
Reduction Act . 3912
Lead-Based Paint Poisoning
Prevention Act, amendments . 3506,
3904, 3905, 3907
Legislative Branch Appropriation
Act, 1965, amendments . 1707
Legislative Branch Appropriation
Act, 1978, amendments . 1706
Legislative Branch Appropriations
Act, 1990, amendments . 1706
Legislative Branch Appropriations
Act, 1991, amendments . 1720,
1950, 2253
Legislative Branch Appropriations
Act, 1992, amendments . 1358, 1725
Legislative Branch Appropriations
Act, 1993 . 1703
Library of Congress Trust Fund
Board Act, amendments . 31
Little River Canyon National
Preserve Act of 1992 . 2179
Locomotive Inspection Act,
amendments . 973, 975, 978
Los Padres Condor Range and
River Protection Act . 242
M
Magnuson Fishery Conservation
and Management Act,
amendments... 62, 4283, 4317—4319, 4909
Mammography Quality Standards
Act of 1992
1856
3547
AlO
POPULAR NAME INDEX
Page
Mandatory Life Imprisonment or
Death Penalty for Murder in
the District of Columbia . 1436
Marine Mammal Health and
Stranding Response Act . 5059
Marine Mammal Protection Act of
1972y amendments . 65,
3425, 4903, 4909, 5060, 5067
Marine Protection, Research, and
Sanctuaries Act of 1972,
amendments . 4293, 4866—4870, 5039
Marsh 'Billings National Historical
Park Establishment Act . 934
Medical Device Amendments of
1992 . 238
Membrane Processes Research Act
of 1992 . 3142
Merchant Marine Act, 1920,
amendments . 5085, 5093, 5094
Merchant Marine Act, 1936,
amendments . 4283, 5094
Merchant Ship Sales Act of 1946,
amendments . 5094
Metropolitan Washington Waste
Management Study Act . 1517
Michigan Scenic Rivers Act of
1991 . 45
Microlending Expansion Act of
1992 . 989
Mid'Dakota Rural Water System
Act of 1992 . 4673
Migrant and Seasonal Agricultural
Worker Protection Act,
amendments . 1728
Military Construction
Appropriations Act, 1993 . 1366
Military Construction
Authorization Act, 1985,
amendments . 2611
Military Construction
Authorization Act for Fiscal
Year 1991, amendments . 2598
Military Construction
Authorization Act for Fiscal
Year 1992, amendments . 2597
Military Construction
Authorization Act for Fiscal
Year 1993 . 2586
Military Survivor Benefits
Improvement Act of 1989,
amendments . 2425
Mineral Leasing Act, amendments . 3107-
3109
Mineral Leasing Act for Acquired
Lands, amendments . 3106
Page
Morris K. Udall Scholarship and
Excellence in National
Environmental and Native
American Public Policy Act of
1992 . 78
Motor Vehicle Information and
Cost Savings Act, amendments . 1556,
2876, 3393-3499
Mount Rushmore Commemorative
Coin Act, amendments . 1628
Multifamily Housing Finance
Improvement Act . 3794
Multifamily Mortgage Foreclosure
Act of 1981, amendments . 3791, 3792
N
National Aeronautics and Space
Act of 1958, amendments . 5129
National Aeronautics and Space
Administration Authorization
Act, Fiscal Year 1989,
am endments . 4309
National Aeronautics and Space
Administration Authorization
Act, Fiscal Year 1991,
amendments . 5116
National Aeronautics and Space
Administration Authorization
Act, Fiscal Year 1993 . 5107
National and Community Service
Act of 1990, amendments . 841,
1455, 2522, 2533
National and Community Service
Technical Amendment Act of
1992 . 1455
National Bank Receivership Act . 4080
National Contaminated Sediment
Assessment and Management
Act . 4864
National Defense Authorization
Act, Fiscal Year 1989,
amendments . 2445,
2448, 2511, 2592, 2593, 2602, 2641
National Defense Authorization Act
for Fiscal Year 1987,
amendments . 2442, 2445
National Defense Authorization Act
for Fiscal Year 1991,
amendments . 1359,
2392, 2419, 2438, 2442, 2445, 2448, 2452,
2480, 2481, 2485, 2491, 2503, 2559, 2597,
i 2602, 2608-2610, 2619
National Defense Authorization Act
for Fiscal ear 993 . 2315
POPULAR NAME INDEX All
Page
il Defense Authorization Act
Fiscal Years 1990 and 1991,
>ndments . 2445,
2447, 2493, 2558, 2602
il Defense Authorization Act
Fiscal Years 1992 and 1993,
ndments . 2332,
, 2338, 2352, 2353, 2363, 2370, 2374-
>, 2379, 2388, 2389, 2405, 2406, 2414,
J, 2436, 2440, 2445, 2451, 2454, 2473,
[, 2503, 2541, 2546, 2589, 2593, 2609,
2653, 2687, 4977
il Defense Authorization
, 1985, amendments . 2546
1 Education Commission on
le and Learning Act,
ndments . 962
il Energy Conservation
icy Act, amendments . 2787,
, 2844-2846, 2848, 2851, 2852, 2855
il Energy E^irtension Service
, amendments . 2843
il Fallen Firefighters
ndation Act . 3417
il Film Preservation Act of
3, amendments . 272
il Film Preservation Act of
2 . 267
kl Flood Insurance Act of
i, amendments . 3886
kl Geologic Mapping Act of
2 . . . . . 166
kl Historic Preservation Act,
ndments . 4753-4765
kl Historic Preservation Act
^ndments of 1992 . 4753
kl Housing Act, amendments... 1591,
I, 3747, 3748, 3771-3773, 3778-3786,
3789-3793, 3868, 3906, 3907
kl Independent Colleges and
versities Discovery Act . 824
kl Institute of Standards and
hnology Act, amendments . 11,
12, 16-19
kl Interest Lands
iServation Act, amendments..., 2 112,
2115, 2124
kl Literacy Act of 1991,
dments . 619
kl Marine Sanctuaries Act . 5047
kl Marine Sanctuaries
gram Amendments Act of
2 . 5039
kl Ocean Pollution Planning
of 1978, amendments . 4282
kl Oceanic and Atmospheric
linistration Authorization
of 1992 . 4270
kl Oceanic and Atmospheric
Page
National School Lunch Act,
amendments . 865, 911, 1295, 3363
National Science and Technology
Policy, Organization, and
Priorities Act of 1976,
amendments . 24
National Science Foundation Act of
1950, amendments . 2300, 5117
National Sea Grant College
Program Act, amendments . 66
National Security Act of 1947,
amendments . 3188-3190, 3194, 3196
National Security Agency Act of
1959, amendments . 3183, 3186, 3253
National Security Education Act of
1991, amendments . 3185, 3186
National Technical Information Act
of 1988, amendments . 27
National Telecommunications and
Information Administration
Organization Act . 3533
National Trails System Act,
amendments . 845, 2273
Native American Languages Act of
1992 . 3434
Native American Programs Act
Amendments of 1992 . 1295
Native American Programs Act of
1974, amendments . 1295,
3257, 3434-3437
Native Americans Educational
Assistance Act . 3437
Natural Gas Act, amendments ....2866, 2879
Natural Gas Pipeline Safety Act of
1968, amendments . 3290,
3291, 3293-3299, 3307
Natural Gas Policy Act of 1978,
amendments . 4506
Navtg'o Community College Act of
1978, amendments . 797
Negotiated Rulemaking Act of 1990,
amendments . 945
Neighborhood Reinvestment
Corporation Act, amendments . 3851,
3852
Nez Perce National Historical Park
Additions Act of 1991 . 4770
NOAA Fleet Modernization Act . 4299
Non-Vessel-Operating Common
Carrier Act of 1991 . 60
Nonindigenous Aquatic Nuisance
Prevention and Control Act of
1990, amendments . 4839, 5068
North Pacific Anadromous Stocks
Act of 1992 . 4309
North Pacific Anadromous Stocks
Convention Act of 1992 . 5098
North Pacific Fisheries Act of 1954
POPULAR NAME INDEX
A12
Page
Northern Pacific Halibut Act of
1982, amendments . 64, 65
Nuclear Waste Policy Act of 1982,
amendments . 2923
Nurse Education and Practice
Improvement Amendments of
1992 . 2069
Nutrition l^l^ling and Education
Act of 1990, amendments . 4499,
4500, 4501
O
Occupational Safety and Health
Act of 1970, amendments . 3924
Oceans Act of 1992 . 5039
OiSfice of Government Ethics
Amendments of 1992 . 3280
Oil Pollution Act of 1990,
amendments . 1555
Older American Community
Service Employment Act,
amendments . 1201,
1202, 1265-1268, 1309
Older Americans Act Amendments
of 1987, amendments . 1300-1305
Older Americans Act Amendments
of 1992 . 1195
Older Americans Act of 1965,
amendments . 377, 1195
Olympic Commemorative Coin Act,
1992, amendments . 1628
Omnibus Budget Reconciliation
Act of 1989, amendments . 289
Omnibus Budget Reconciliation
Act of 1990, amendments . 841,
1358, 1959, 3125, 3748, 3782, 4343, 5036
Omnibus Crime Control and Safe
Streets Act of 1968,
amendments . 3402, 3404, 3406, 3524
Omnibus Diplomatic Security and
Anti'Terrorism Act of 1986,
amendments . 3353
Omnibus Insular Areas Act of
1992 . 33
Omnibus Trade and
Competitiveness Act of 1988,
amendments . 9, 12
Orphan Drug Amendments of 1985,
amendments . 376
P
Pacific Salmon Treaty Act of 1985,
amendments . 66
Pacific Yew Act . 859
Palo Alto Battlefield National
Historic Site Act of 1991 . 256
Panama Canal Act of 1979,
amendments . 2655-2657
Page
Partnerships for Wildlife Act . 5094
Patent and Plant Variety
Protection Remedy
Clarification Act . 4230
Peace Corps Act, amendments... .3356, 4265
Pennsylvania Avenue Development
Corporation Act of 1972,
amendments . 2223
Persian Gulf Conflict Supplemental
Authorization and Personnel
Benefits Act of 1991,
amendments . 2052, 2542, 2625
Persian Gulf War Veterans* Health
Status Act . 4975
Petroleum Marketing Practices
Act, amendments . 2996-2998
Pipeline Safety Act of 1992 . 3289
Plant Variety Protection Act,
amendments . 4231
Ponca Restoration Act,
amendments . 3255
Port Chicago National Memorial
Act of 1992 . 4235
Postal Service Appropriations Act,
1993 . 1737
Poultry Products Inspection Act,
amendments . 4499
Powerplant and Industrial Fuel
Use Act of 1978, amendments . 3128
Prescription Drug Amendments of
1992 . 941
Prescription Drug User Fee Act of
1992 . 4491
President John F. Kennedy
Assassination Records
Collection Act of 1992 . 3443
Preventive Health Amendments of
1992 . 3469
Professional and Amateur Sports
Protection Act . 4227
Protection and Advocacy for
Mentally Ill Individuals Act of
1986, amendments . 377
Public Health Service Act,
amendments . 240,
323, 841, 938, 1992, 2092, 2094, 3268, 3287,
3372, 3469, 3547, 4967
Public Health Service Act
Technical Amendments Act . 938
Public Telecommunications Act of
1992 . 949
Public Utility Holding Company
Act of 1935, amendments . 2905, 2912
Public Utility ^gulatory Policies
Act of 1978, amendments . 2795,
2796, 2803, 2910
R
POPULAR NAME INDEX
Uon Exposure Compensation
it, amendments . 3131
assengers Service Act,
lendments . 3515, 3517-3520, 3522
afety Enforcement and
»view Act . 972
afety Improvement Act of
88, amendments . 982
ad Revitalization and
sgulatory Reform Act of 1976,
lendments . 3516, 3521
' to Learn Act . 3586
Ustate Settlement Procedures
it of 1974, amendments . 3873, 3892
nation Projects
ithorization and Adjustment
It of 1992 . 4600
nation Recreation
anagement Act of 1992 . 4690
nation States Emergency
•ought Relief Act of 1991 . 53
nation Wastewater and
•oundwater Study and
icilities Act . 4663
lilitation Act Amendments of
92 . 4344
lilitation Act of 1973,
lendments . 4346
iral of Regulatory Barriers to
fordable Housing Act of
92 . 3938
(Table Energy and Energy
ficiency Technology
impetitiveness Act of 1989,
lendments . 2956, 2959, 3085, 3093
$ntial Lead-Based Paint
izard Reduction Act of 1992 . 3897
ition Trust Corporation
(financing, Restructuring,
id Improvement Act of 1991,
lendments . 1358,
4090-4092, 4094-4096
to Financial Privacy Act of
78, amendments . 4059, 4066, 4342
and Harbor Act of 1915,
lendments . 4837
and Harbor Act of 1970,
lendments . 4809
t T. Stafford Disaster Relief
id Emergency Assistance Act,
lendments . 38
' Mountain Arsenal National
ildlife Refuge Act of 1992 . 1961
vay and Homeless Youth Act,
lendments . 5018, 5022, 5025
Electrification Act of 1936,
Safe Medical Devices Act of 1990,
amendments . 238, 241
Safety Appliance Acts,
amendments . 973, 974, 977, 978
Salt River Bay National Historical
Park and Ecological Preserve
at St. Croix, Virgin Islands, Act
of 1992 . 33
Saltonstall-ii^nnedy Act,
amendments . 43l9
San Carlos Apache Tribe Water
Rights Settlement Act of 1992 . 4740
San Carlos Indian Irrigation
Project Divestiture Act of 1991,
amendments . 3256
Scientific and Advanced-
Technology Act of 1992 . 2297
Sea Grant Program Improvement
Act of 1976, amendments . 66
Service Members Occupational
Conversion and Training Act of
1992 . 2757
Shipping Act of 1984, amendments.. ..60, 61
Signal Inspection Act, amendments . 973,
974, 978
Small Business Access to Surety
Bonding Survey Act of 1992 . 1002
Small Business Act, amendments . 986,
2446, 2692, 4250-4254, 4256, 4257, 4261-
4263, 4486
Small Business Administration
Reauthorization and
Amendments Act of 1990,
amendments . 4262
Small Business Competitiveness
Demonstration Program Act of
1988, amendments. ..993-997, 2446, 4263
Small Business Computer Security
and Education Act of 1984,
amendments . 1001
Small Business Credit and
Business Opportunity
Enhancement Act of 1992 . 986
Small Business Credit Crunch
Relief Act of 1992 . 987
Small Business Equity
Enhancement Act of 1992 . 1007
Small Business Innovation
Development Act of 1982,
amendments . 2691, 4254
Small Business Innovation
Research Program
Reauthorization Act of 1992 . 4249
Small Business Investment Act of
1958, amendments . 1008,
1009, 1013, 1015-1019
Small Business Research and
U4
POPULAR NAME INDEX
Page
Social Security Act, amendments . 297,
298, 315-317, 1292, 4962, 4964
Solid Waste Disposal Act,
amendments . 1505, 3307
South Pacific Tuna Act of 1988,
amendments . 3433
Southern Arizona Water Rights
Settlement Act of 1982,
amendments . 3256
Southern Arizona Water Rights
Settlement Technical
Amendments Act of 1992 . 3256
Soviet Nuclear Threat Reduction
Act of 1991, amendments . 2565, 3341
Soviet Scientists Immigration Act
of 1992 . 3316
State Justice Institute Act of 1984,
amendments . 3461, 4515, 4516
Steel and Aluminum Energy
Conservation and Technology
Competitiveness Act of 1988,
amendments . 3070
Stevenson-Wydler Technology
Innovation Act of 1980,
amendments . 19, 20, 2640
Stewart B. McKinney Homeless
Assistance Act, amendments . 2608,
2609, 4012, 4013, 4022, 4028-4035, 4039,
4041, 4043, 5141
Stewart B. McKinney Homeless
Assistance Amendments Act of
1988, amendments . 113,
1978, 3722, 3867, 5139
Stewart B. McKinney Homeless
Housing Assistance
Amendments Act of 1992 . 4012
Strategic and Critical Materials
Stock Piling Act, amendments . 2653,
2654
Supplemental Appropriations Act,
1982, amendments . 1403
upplemental Appropriations Act,
1983, amendments . 1551
Support for East European
Democracy, amendments . 3355
Surface Mining Control and
Reclamation Act of 1977,
amendments . 3014,
3056, 3102, 3103, 3105, 3106, 3112, 3113
T
Tariff Act of 1930, amendments . 3400
Technical and Miscellaneous Civil
Service Amendments Act of
1992 . 1346
Technology Administration
Authorization Act of 1991 . 7
Technology*Related Assistance for
Individuals With Disabilities
Act of 1988. am ndmen . 549. 4487
Page
Telecommunications Authorization
Act of 1992 . 3533
Telephone Consumer Protection
Act of 1991, amendments . 4186
Telephone Disclosure and Dispute
Resolution Act . 4181
Temporary Child Care for Children
With Disabilities and Crisis
Nurseries Act Amendments of
1992 . 200
Temporary Child Care for Children
With Disabilities and Crisis
Nurseries Act of 1986,
amendments . 200
Thomas Jefferson Commemoration
Commission Act . 915
Three Affiliated Tribes and
Standing Rock Sioux Tribe
Equitable Compensation Act . 4731
Thrift Savings Plan Technical
Amendments Act of 1 990,
amendments . 1359
Torture Victim Protection Act of
1991 . 73
Tourism Policy and Export
Promotion Act of 1992 . 1170
Toxic Substances Control Act,
amendments . 3912, 3923
Trade Act of 1974, amendments . 95, 294
Trade and Development
Enhancement Act of 1983,
amendments . 3658
Trademark Act of 1946,
amendments . 3567
Trademark Remedy Clarification
Act . 3567
Trading with the Enemy Act,
amendments . 1772, 2580
Treasury Department
Appropriations Act, 1993 . 1729
Treasury Forfeiture Fund Act of
1992 . 1779
Treasury, Postal Service, and
General Government
Appropriations Act, 1991,
amendments . 1355, 1761
Treasury, Postal Service, and
General Government
Appropriations Act, 1992,
amendments . 1131, 1132
Treasury, Postal Service, and
General Government
Appropriations Act, 1993 . 1729
Tribal Development Student
Assistance Act . 809
Tribally Controlled Community
College Assistance Act of 1978,
amendments . 797
Truth in Lending Act, amendments . 4082
Truth in Savinirs Act. amendme t . 3896
Page
Page
u
w
•loyment Compensation
lendments of 1992 . 290
Service Organization’s 50th
niversary Commemorative
in Act, amendments . 1628
States Commission on Civil
fhts Act of 1983,
sndments . 1955
States Commission on Civil
^hts Authorization Act of
12 . 1955
State s-Hong Kong Policy
; of 1992 . 1448
States Housing Act of 1937,
mdments . 3681-
1, 3708, 3709, 3713-3715, 3735, 3736,
5, 3747, 3748, 3812-3817, 3819, 3820,
3825, 3827, 3828, 3830, 3905, 3906
States Information and
acational Exchange Act of
8, amendments . 3264
States Institute of Peace
;, amendments . 839
States Mint
authorization and Reform
; of 1992 . 1624
Warehouse Act,
sndments . 4140
m Mill Tailings Radiation
ntrol Act of 1978,
andments . 2951
V
ns’ Benefits Act of 1992 . 4320
ns’ Benefits and Services Act
L988, amendments . 1978, 3504
ns* Compensation Cost-of-
ing Adjustment Act of 1992 .... 3318
ns’ Dioxin and Radiation
posure Compensation
ndards Act, amendments . 4774
ns Health Care Act of 1992 . 4943
ns* Health-Care
lendments of 1986,
sndments . 179
ns Home Loan Program
lendments of 1992 . 3633
ns’ Medical Programs
lendments of 1992 . 1972
ns* Radiation Exposure
lendments of 1992 . 4774
s of Child Abuse Act of 1990,
sndments . 5029, 5034
s of Crime Act of 1984,
endments . 4520
Rights Act of 1965,
endments . 921
Rights Language Assistance
i of 1992 . 921
Wagner-O’Day Act, amendments . 4486
Waste Isolation Pilot Plant Land
Withdrawal Act . 4777
Water Resources Development Act
of 1974, amendments . 4829
Water Resources Development Act
of 1976, amendments . 4829
Water Resources Development Act
of 1986, amendments . 4805,
4815, 4816, 4825, 4826, 4840, 4852, 4861
Water Resources Development Act
of 1988, amendments . 4845, 4859
Water Resources Development Act
of 1990, amendments . 4806,
4807, 4847, 4848, 4861, 4862
Water Resources Development Act
of 1992 . 4797
Weapons of Mass Destruction
Control Act of 1992 . 2567
Weather Service Modernization
Act . 4303
Western Water Policy Review Act
of 1992 . 4693
White House Commemorative Coin
Act, 1992 . 133
White House Commemorative Coin
Act, 1992, amendments . 1628
WIC Farmers’ Market Nutrition Act
of 1992 . 280
WIC Infant Formula Procurement
Act of 1992 . 3364
Wild and Scenic Rivers Act,
amendments . 45,
48, 50, 108, 123, 245, 2212, 2270, 3441, 3528
Wild Bird Conservation Act of
1992 . 2224
Women in Apprenticeship and
Nontraditional Occupations
Act . 3465
Women Veterans Health Programs
Act of 1992 . 4944
Workers’ Family Protection Act . 3420
World Cup USA 1994
Commemorative Coin Act . 135
World Cup USA 1994
Commemorative Coin Act,
amendments . 1628
World War 11 50th Anniversary
Commemorative Coins Act . 2106
Y
Year 2000 Health Objectives
Planning Act, amendments . 3474
Z
Zuni River Watershed Act of 1992 . 866
mts of Commerce, Justice,
State, the Judiciary, and
ed Agencies Appropriations
L993 . 1828
mts of Labor, Health and
an Services, and Education,
telated Agencies
opriations Act, 1993 . 1792
f Columbia Appropriations
L993 . 1422
derations. Export
idng, and Related Programs
opriations Act, 1993 . 1633
Postal Service, and General
mment Appropriations Act,
. 1729
ren and Youth
frica Recovery and Pood
•ityAct . 115
eace process, limited
bance . 106
ind Community
lopment Act of 1992 . 3672
Center on Elder Abuse,
lishment . 1207
ericans Act Amendments of
. 1195
use Conference on Aging,
>rization . 1300
e
ral Credit Improvement Act
. 4142
re. Rural Development, Food
>rug Administration, and
ed Agencies Appropriations
.993 . 873
des Prevention and
‘cement Act of 1992 . 1774
’ North American Studies,
lishment . 3512
ties
j allotments, acre-for-acre
nsfer . 4269
nic cotton warehouse
emts, usage . 4141
i TVading Practices Act of
>2 . 3632
me producers, equitable
atment . 3526
e for the Americas Initiative
ri992 . 3509
d Ranches
i%dit Banks and
x)ciations Safety and
mdness Act of 1992 . 4102
nee programs, foreign
rency proceeds . 176
Page
Conservation reserve program,
easement requirements,
removal . 447
Horn of Afnca Recovery and Food
Security Act . 115
WIC Farmers Market Nutrition Act
of 1992 . 280
WIC Infant Formula Procurement
Act of 1992 . 3364
Food service management institute,
MS, establishment and
maintenance . 865
Food stamps
Income exclusions, technical
corrections . 90
ThriRy food plan, adjusted cost . 937
Lake Andes-Wagner/Marty II Act of
1992 . 4677
Patent and Plant Variety Protection
Remedy Clarification Act . 4232
AIDS
ADAMHA Reorganization Act . 323
Departments of Labor, Health and
Human Services, and Related
Agendes Appropriations Act,
1993 . 1792
Foreign Operations, Export
Financing, and Related Programs
Appropriations Act, 1993 . 1633
Spedal training projects . 2050
Air Carriers
See Transportation
Airports
See Transportation
Alabama
Prank M. Johnson, Jr., Federal
Building and United States
Courthouse, designation . 86
Little River Canyon National Preserve
Act of 1992 . 2179
Alaska
Alaska Land Status Technical
Corrections Act of 1992 . 2112
Alaska Native Drug and Alcohol
Abuse Demonstration Project . 4581
Bureau of Indian Affairs’
administrative site, transfer . 3260
Community Health Aide Program . 4539
Kenai Natives Assodation, Inc., land
rights . 2267
Koniag Lands Conveyance
Amendments of 1991 . 3138
Morris K Udall Scholarship and
Excellence in National
Environmental and Native
American Public Policy Act of
1992 . 78
Albania
Most-favored-nation status,
extension . 969
Alcohol and Alcohol Abuse
ADAMHA Reorganization Act . 323
Page
Alcohol and Alcohol Abuse —
Continued
Alaska Native Drug and Alcohol
Abuse Demonstration Project . 4581
Regional Youth Alcohol and Substance
Abuse Prevention and Treatment
Center, AZ, designation . 4581
Youth alcohol and substance abuse
prevention and treatment facility,
NV, establishment . 4581
American Samoa
Water and power study . 38
Animals
Alien Species Prevention and
Enforcement Act of 1992 . 1774
Animal Enterprise Protection Act of
1992 . 928
Appropriations
Agriculture, rural development, Food
and Drug Administration, and
related agencies, 1993 . 873
American Folklife Center,
authorization . 1954
Amtrak Authorization and
Development Act . 3515
Bills, enrollment requirements,
waiver . 1519
Coast Guard Authorization Act of
1992 . 5068
Commerce Department, 1993 . 1848
Commerce, Justice, and State, the
Judiciary, and related agencies,
1993 . 1828
Congressional operations, 1993 . 1703
Continuing
Fiscal year, 1992 . 92
Fiscal year, 1993 . 1311
Crime control and safe streets
programs, authorization . 3524
Defense Department, 1993 . 1876
Dire emergency supplemental, 1992 . 248,
1117
District of Columbia
Fiscal year, 1993 . 1422
Supplemental and rescissions,
1992 . 1443
Education Department, 1993 . 1813
Energy and water development,
1993 . 1315
Executive Office, 1993 . 1738
Foreigni operations, export financing,
and related programs, 1993 . 1633
Health and Human Services
Department, 1993 . 1799
Independent agencies, 1993 . 1742
Intelligence Authorization Act for
Fiscal Year 1993 . 3180
Interior Department and related
agencies, 1993 . 1374
John F, Kennedy Center for the
Performing Arts, maintenance
and repairs, authorization . 3267
Page
Judiciary, 1993 . 1856
Justice Department and related
agencies, 1993 . 1828
Juvenile justice and delinquency
prevention, authorization . ...4982
Labor Department, 1993 . 1792
Labor, Health and Human Services,
and Education, and related
agencies, 1993 . 1792
Le^slative Branch, 1993 . 1703
Military construction, 1993 . 1366
National Aeronautics and Space
Administration Authorization
Act, Fiscal Year 1993 . 5107
National Defense Authorization Act
for Fiscal Year 1993 . 2315
National Oceanic and Atmospheric
Administration Authorization Act
of 1992 . 4270
Peace Corps, authorization . 4265
Pennsylvania Avenue Development
Corporation, authorization . 2223
Postal Service, 1993 . 1737
Schools, Bureau of Indian Affairs,
extension . 288
State Department and related
agencies, 1993 . 1864
Telecommunications Authorization
Act of 1992 . 3463
Transportation Department and
related agencies, 1993 . 1520
Treasury Department, 1993 . 1729
Treasuiy, Postal Service, and general
Government, 1993 . 1729
United States Commission on Civil
Rights Authorization Act of
1992 . 1955
United States Holocaust Memorial
Council, authorization . 3463
Veterans Affairs and Housing and
Urban Development, and
independent agencies, 1993 . 1571
Aqueducts
See Water
Arizona
Ak-Chin Water Use Amendments Act
of 1992 . 3258
Fannin-McFarland Aqueduct,
designation . 4662
Morris K. Udall Scholarship and
Excellence in National
Environmental Policy
Foundation, establishment . 79
Regional Youth Alcohol and Substance
Abuse Prevention and Treatment
Center, desigfnation . 4581
Southern Arizona Water Rights
Settlement Technical
Amendments Act of 1992 . 3256
Arkansas
Arkansas-Idaho Land Exchange Act of
1992 . 4937
OUOtIXliVyX U-N JL/JliiV
DO
Page
ransas Wild and Scenic Rivers Act
of 1992 . 123
[falo National River, use and
occupancy, termination . 76
! Har<Un Lock and Dam,
designation . 4824
m Paul Hammerschmidt
'ederal Building and United States
Courthouse, designation . 2247
<ake, designation . 4824
’'isitor Center, designiation . 4813
lliam Carl Gamer Visitors Center,
designation . 4824
9d Forces
ny National Guard Combat
Readiness Reform Act of 1992 . 2536
partment of Defense
Appropriations Act, 1993 . 1876
itary Construction Appropriations
Act, 1993 . 1366
itary Construction Authorization
Act for Fiscal Year 1993 . 2586
tional Defense Authorization Act
for Fiscal Year 1993 . 2315
vy
)eputy National Security Advisor,
continuation in grade,
temporary . 216
>'essel transfers . 72, 443
•sian Gulf commemorative silver
medals . 137
3blo de Cochiti settlement
agreement fund, authorization . 960
jervists, Persian Gulf crisis,
unemployment compensation . 293
vice Members Occupational
Conversion and Training Act of
1992 . 2757
s and Munitions
nament Retooling and
Manufacturing Support Act of
1992 . 2347
-Iraq Arms Non-Proliferation Act
ofl992 . 2571
nproliferation and disarmament
programs . 3338
apons of Mass Destruction Control
Act of 1992 . 2567
acts
! Historic Preservation
and Humanities
ry McLeod Bethune Memorial Fine
Arts Center, FL, financial
assistance . 2168
tional Film Preservation Act of
1992 . 267
tional Gallery of Art grounds,
boundary extension . 864
lie Energy
! Energy
lO Recordings
Communications
Page
Automobiles
See Motor Vehicles
Aviation
Airport and Airway Safety, Capacity,
Noise Improvement, and
Intermodal Transportation Act of
1992 . 4872
Dayton Aviation Heritage
Preservation Act of 1992 . 2141
FAA Civil Penalty Administrative
Assessment Act of 1992 . 923
Federal Aviation Administration
Research, Engineering, and
Development Authorization Act of
1992 . 4895
Federal Aviation Administration,
Administrator, appointment . 273
Institute for Aviation Weather
Prediction, MO, establishment . 5119
Awards
See Decorations, Medals, Awards
B
Bankruptcy
Bankruptcy Judgeship Act of 1992 . 965
Banks and Banking
Annunzio-Wylie Anti-Money
Laundering Act . 4044
Depository Institutions Disaster
Relief Act of 1992 . 2771
Export Enhancement Act of 1992 . 2186
Farm Credit Banks and Associations
Safety and Soundness Act of
1992 . 4102
Federal Housing Enterprises
Financial Safety and Soundness
Act of 1992 . 3941
Federal Reserve Bank Branch
Modernization Act . 3144
International financial institutions . 3357
National Bank Receivership Act . 4080
Savings associations’ subsidiaries,
separate capitalization transition
rule, extension . 276
Barges
See Maritime Affairs
Boards and Commissions
Assassination Records Review Board,
establishment . 3449
Commission on Child and Family
Welfare, establishment . 3406
Commission on Technology and
Procurement, establishment . 25
Commission on the Social Security
“Notch” Issue, establishment . 1777
Dayton Aviation Heritage
Commission, establishment . 2144
Indian Energy Resource Commission,
establishment . 3115
Jacob K Javits Fellows Program
Fellowship Board,
establishment . 766
B4 SUBJECT INDEX
Page
Boards and Commissions —
Continued
Library of Congress Trust Fund
B^d, membership . 31
National Commission on Independent
Higher Education,
es^lishment . 825
National Commission on Reducing
Capital Costs for Emerging
Technology, establishment . 21
National Commission on
Rehabilitation Services,
establishment . 4473
National Commission on the Cost of
Higher Education,
es^lishment . 827
National Commission on Time and
Learning, extension . 962
National Commission to Ensure a
Strong Competitive Airline
Industry, establishment . 4891
National Film Preservation Board,
establishment . 268
Preservation Technology and Training
Board, establishment . 4766
Salt River Bay National Historic Park
and Ecological Preserve at St
Croix, Virgin Islands,
Commission, establishment . 35
Thomas Jefferson Commemoration
Commission Act . 915
United States Sentencing
Commission, membership
extension . 933
Utah Reclamation Mitigation and
Conservation Commission,
establishment . 4626
Budget
Rescissions . 217
Business and Industry
See also Commerce and Trade
Small Business
American Technology Preeminence
Act of 1991 . 7
Animal Enterprise Protection Act of
1992 . 928
Armament Retooling and
Manufacturing Support Act of
1992 . 2347
Cable Television Consumer Protection
and Competition Act of 1992 . 1460
Coal Industry Retiree Health Benefits
Act of 1992 . 3036
Defense Production Act Amendments
ofl992 . 4198
Emerging Technologies and Advanced
Technology Program
Amendments Act of 1991 . 15
Scientific nnH A8vnnc0H-T0cVinn1norv
Page
United States Enrichment
.Corporation, establishment . 2923
WIC Infant Formula Procurement Act
of 1992 . 3364
Women in Apprenticeship and
Nontraditional Occupations Act . 3465
C
Cable Television
See Communications
California
Advisory Council on California Indian
Policy Act of 1992 . 2131
California Contract Health Services
Demonstration Program . 4549
Central district, Judicial divisions,
establishment . 959
Central Valley Project Improvement
Act . 4706
Christopher Columbus quincentenary,
commemoration . 2291
Glenn M. Anderson Federal Building,
designation . 1753
Golden Gate National Recreation Area
Addition Act of 1992 . 236
Los Angeles
Dire Emergency Supplemental
Appropriations Act, 1992, for
Disaster Assistance To Meet
Urgent Needs Because of
Calamities Such as Those
Which Occurred in Los Angeles
and Chicago . 248
Emergency assistance . 3865
New Towns Demonstration
Program . 3927
Los Padres Condor Range and River
Protection Act . 242
Lower Merced \Sfild and Scenic River,
designation . 2212
Manzanar National Historic Site,
establishment . 40
Monterey Bay National Marine
Sanctuary, designation . 5048
National Historic Ti^ls, designation . 845
Port Chicago National Memorial Act
of 1992 . 4235
Reclamation States Emergency
Drought Relief Act of 1991 . 53
Redwood Valley County Water
District, loan sales . 4687
Richard H. Chambers United States
Court of Appeals Building,
designation . 1 753
Ronald !^agan Federal Building and
Courthouse, designation . 2216
Salton Sea Research Project . 4661
Son liSronmonn UU’ofo'r Donlonnafinn an<1
Page
Page
Sonoma Baylands Wetland
Demonstration Project . 4739
South Gate, elementary school lease,
extension . 2244
United Water Conservation District,
loan sale . 4688
Emada
Center for North American Studies,
establishment . 3512
ancer
See Diseases
aribbean
Enterprise for the Americas Act of
1992 . 3664
entral America
El Salvador, military assistance . 96
Enterprise for the Americas Act of
1992 . 3664
Panama Canal Commission
Authorization Act for Fiscal Year
1993 . 2655
hildren and Youth
ADAMHA Reorganization Act . 323
Adoption
Child Abuse, Domestic Violence,
Adoption and Family Services
Act of 1992 . 187
Child Abuse, Domestic Violence,
Adoption and Family Services Act
of 1992 . 187
Child Care
Temporary Child Care for Children
With Disabilities and Crisis
Nurseries Act Amendments of
1992 . 200
Child custody litigation, research and
judicial training . 3461
Child Nutrition Amendments of
1992 . 914
Child Support
Child Support Recovery Act of
1992 . 3403
Ted Weiss Child Support
Enforcement Act of 1992 . 3531
Children’s Nutrition Assistance Act of
1992 . 3363
Head Start Improvement Act of 1992 .... 1956
Homeless Children’s Assistance Act of
1992 . 3363
Incentive Grants for Local
Delinquency Prevention
Programs Act . 5027
Job Training Reform Amendments of
1992 . 1021
Juvenile justice and delinquency
prevention . .4982
Missing children, location and
recovery, use of official mail . 3371
Office of Adolescent Health,
establishment . 3483
Ready to Learn Act . 3586
Regional Youth Alcohol and Substance
Abuse Prevention and Treatment
Center, AZ, establishment and
designation . 4581
WIC Farmers Market Nutrition Act of
1992 . 280
WIC Infant Formula Procurement Act
of 1992 . 3364
Youth alcohol and substance abuse
prevention and treatment fadlily,
NV, establishment. . 4581
China
Chinese Student Protection Act of
1992 . 1969
Civil Rights
Brown v. Board of Education National
Historic Site, KS, establishment . 3438
Civil Liberties A(k Amendments of
1992 . 1167
Desegregation . 1819
EEOC Education, Technical
Assistance, and Training
Revolving Fund Act of 1992 . 2102
United States Commission on Civil
Rights Authorization Act of
1992 . 1955
Civil Service
See Government Emplcyees
Claims
Alaska Land Status Technical
Corrections Act of 1992 . 21 12
San Carlos Apache Tribe Water
Rights Settlement Act of 1992 . 4740
Torture Victim Protection Act of
1991 . 73
Classified Information
President John F. Kennedy
Assassination Records Collection
Act of 1992 . 3443
Closed Captioning
See Communications
Coal
See Energy
Minerals and Mining
Coast Guard
Coast Guard Authorization Act of
1992 . 5068
Coins
See also Currency
Christopher Columbus Quincentenaiy
Coin Act . 139
Civil War Battlefield Commemorative
Coin Act of 1992 . 1362
Doug Barnard, Jr. — 1996 Atlanta
Centennial Olympic Games
Commemorative Coin Act . 1620
Frank Annunzio Act . 139
James Madison — Bill of Rights
Commemorative Coin Act . 145
United States Mint Reauthorization
and Reform Act of 1992 . 1624
White House Commemorative Coin
Act, 1992 . 133
iXNJJJliA
—Continued
d Cup USA Commemorative Cdn
Act .
id War II 50th Anniversary
mmemorative Coins Act .
!^8 and Universities
Sducation
ado
srg-Copper Spin* Ranch, land
exchange . .
Iville Mine Drainage Tunnel,
authorization .
cy Mountain Arsenal National
Wildlife Refuge Act of 1992 . .
aerce and Trade
also Business and Industry
Exports and Imports
I, Trade, and Competitiveness Act
of 1992 .
omotive fuel ratings, clarification
and posting .
unercial space competitiveness .
artment of Commerce
Appropriations Act, 1993 .
ort Enhancement Act of 1992 .
iign Operations, Export
Financing, and Related Programs
Appropriations Act, 1993 . .
2EDOM Support Act .
iires Trading Act of 1992 .
ibling devices, intrastate
transportation .
d Remote Sensing Policy Act of
1992 .
scription Drug Amendments of
1992 .
letric system .
hnology Administration
Authorization Act of 1991 .
rism Policy and Export Promotion
Act of 1992 .
demark Remedy Clarification
Act .
ted States-Hong Kong Policy Act
of 1992 .
nissions
Boards and Commissions
nodities
Agriculture
nonwealth of Independent
tates
mer Soviet republics, assistance .
mer Soviet Union Demilitarization
Act of 1992 .
SEDOM Support Act .
iet Scientists Immigration Act of
1992 .
nunications
lio Home Recording Act of 1992 .
de Television Consumer Protection
and Competition Act of 1992 .
sed captioning. Presidential
candidates, requirement .
Page
..135
2106
..183
4655
1961
3658
2996
5122
1848
2186
1633
3320
3590
....61
4163
..941
..847
. 7
1170
3567
1448
....95
2563
3320
3316
,4237
.1460
.1764
Page
Films
“The Voice” documentaiy, domestic
di stribution . 2262
National Film Preservation Act of
1992 . 267
National Film Registpr . 267, 270
Health care and education services,
telecommunication
improvements . 4098
National Telecommunications and
Information Administration
Organization Act . 3533
Public Broadcasting
Public Telecommunications Act of
1992 . 949
Radio
“All of Our Yesterda)^”
documentary, domestic
distribution . 2262
Rural Electrification Administration
Improvement Act of 1992 . 2183
Telecommunications Authorization
Act of 1992 . 3533
Telephone Disclosure and Dispute
Resolution Act . 4181
Community Development
Community Investment Corporation
Demonstration Act . 3859
Community Outreach Partnership Act
of 1992 . 3855
Distressed communities, assistance . 1160
Housing and Community
Development Act of 1992 . 3672
John Heinz Neighborhood
Development Act . 3852
National Cities in Schools Community
Development Program . 380V -
Community Service
Civilian Community Corps,
establishment . 2522
National and Community Service
Technical Amendment Act of
1992 . 1455
Compensation
See Labor
Concurrent Resolutions
American Visionary Art Museum . 5200
Baha’i faith, h*anian persecution . 5193
Bills and resolutions, official
duplicates, certification . 5207
Cascacfia Corridor Commission, U.S.
participation . 5208
Congress
^(.^uununeiit . axou,
5189, 5195, 5196, 5201, 5215
Joint committees
Inaugural Ceremonies . 5192
Organization of the Congress . 5196
Joint session . 5161
Enrolled bills, corrections
Administrative conference
authority (H.R. 3379) . 5203
SUBJECT INDEX
B7
Page
Child Abuse, Domestic Violence,
Adoption and Family Services
Act of 1992 (S. 838) . 5164
Fire Administration Authorization
Act of 1992 (H.R. 2042) . 5204
Flower Garden Banks National
Marine Sanctuary, designation
(H.R. 3866) . 5161
National Defense Authorization Act
for Fiscal Year 1993 (H.R.
5006) . 5211
Reclamation Projects Authorization
and Adjustment Act of 1992
(H.R.429) . 5214
Rehabilitation Act Amendments of
1992 (H.R. 5482) . 5205
Federal budget, fiscal years 1993-
1997 . 5165
Iraq, Kurdish refugee assistance . 5190
Israel
Elections . 5200
Jerusalem reunification, twenty-
fifth anniversary . 5192
Prime Minister Yitzhak Rabin . 5200
Lithuania, independence day
celebration . 5162
Olympics
Special Olympics torch relay, capitol
grounds authorization . 5164
Women’s soccer, Olympic Games
medal sport, 1996 . 5203
Publications, printing
“A Manual of Parliamentary
Practice for the Use of the
Senate of the United States” . 5202
“The Constitution of the United
States of America” . 5161
“Year of the American Indian, 1992:
Congressional Recognition and
Appreciation” . 5194
Somalia, humanitarian relief efforts .... 5199,
5210
Sudan, human rights violations . 5207
Syria, withdrawal from Lebanon . 5195
U.S. Capitol
National Aeronautics and Space
Administration exhibit . 5190
Native Voices: 500 Years After
Program . 5209
Presidential Inauguration
Ceremonies . 5193
Soap box derby races . 5191
Special Olympics torch relay . 5164
U.S. Communities, hunger-free
status . 5204
Visionary art . 5200
ongress
Architect of the Capitol, property
acquisition, authorization . 849
Capitol Police
Jurisdiction . 1949
Page
Commission on the Bicentennial of the
United States Capitol,
establishment . 1 726
Compacts Between States
Delaware River Port Authority
Compact, PA and NJ, consent . 3576
Interstate Rail Passenger Network
Compact, consent . 2255
New Hampshire-Maine Interstate
School Compact, consent . 3153
Sabine River Compact Anendment,
TXand LA, consent . 4661
Compensation and salaries.
Constitutional amendment,
ratification . 5145
Congressional Award Act
Amendments of 1992 . 2265
Congressional Operations
Appropriations Act, 1993 . 1703
District of Columbia Acts, review
period, waiver . 964
Enrolled bills, printing requirements
Appropriation bills . 1519
Tax Fairness and Economic Growth
Acceleration Act of 1992 (H.R.
4210) . 85
Hawaiian Homes Commission
Amendments, consent . 1953
International Fishery Agreement,
approval . 5039
Legislative Branch Appropriations
Act, 1993 . 1703
Library of Congress
Special Facilities Center, additional
authorization . 2253
Trust fund board, membership . 31
One Hundred Third, first session,
convening . 2296
Conservation
See also Environmental Protection
National Forest System
National Marine Sanctuaries
Wild and Scenic Rivers
Agricultural conservation reserve
program, easement requirements.
removal . 447
Assateague Island National Seashore,
MD, acreage limit increase . 321
Boston Harbor, MA, conservation
study . 3442
Cedar Bluff Unit, Pick-Sloan Missouri
Basin Program, KA,
authorization . 4659
Central Bering Sea Fisheries
Enforcement Act of 1992 . 4906
Central Utah Project Completion
Act . 4605
Chesapeake Bay Estuarine Resources
Office, establishment . 4284
Department of the Interior and
DO
Page
Conservation— Continued
Elwha River Ecosystem and Fisheries
Restoration Act . 3173
Energy Policy Act of 1992 . 2776
Flood Control
James R. Olin Flood Control Project,
VA, designation . 4824
Golden Gate National Recreation Area
Addition Act of 1992 . 236
Great Lakes Fish and Wildlife Tissue
Bank Act . 2233
Hawaii TrOTical Forest Recovery Act .... 4593
High Seas IMftnet Fisheries
Enforcement Act . 4900
Indiana Dimes National Lakeshore
Access and Enhancement Act . 2208
International Dolphin Conservation
Act of 1992 . 3425
Little River Canyon National Preserve
Act of 1992 . 2179
Membrane Processes Research Act of
1992 . 3142
Minute Man National Historical Park
Amendments of 1991 . 3135
National Center for Preservation
Technology and Training, LA,
establishment . 4766
National Geologic Mapping Act of
1992 . 166
New England groundflsh,
restoration . 4309
North Pacific Anadromous Stocks Act
ofl992 . 4309
North Pacific Anadromous Stocks
Convention Act of 1992 . 5098
Omnibus Insular Areas Act of 1992 . 33
Pacific Yew Act . 859
Provasoli-Guillard National Center
and Facility for the Culture of
Marine Phytoplankton, ME,
designation . 5054
Reclamation Projects Authorization
and Adjustment Act of 1992 . 4600
Redamation Recreation Management
Act of 1992 . 4690
Reclamation States Emergency
Drought Relief Act of 1991 . 53
Reclamation Wastewater and
Groundwater Study and Facilities
Act . 4663
Sonoma Baylands Wetland
Demonstration Ingram . 4739
Utah Reclamation Mitigation and
Conservation Commission,
establishment . 4626
Water Resources Development Act of
1992 . 4797
Wild Bird Conservation Act of 1992 . 2224
Constitution
Twenty-seventh amendment,
ratification . 5145
Consumer Affairs and Protection
Cable Television Consumer Protection
and Competition Act of 1992 . 1460
Page
Medical Device Amendments of 1992 . 238
Ted Weiss Child Support Enforcement
Act of 1992 . 3531
Telephone Disclosure and Dispute
Resolution Act . 4181
Contracts
Buy-American provisions . 14
Child Abuse, Domestic Violence,
Adoption and Family Services Act
of 1992 . 187
Higher Education Amendments of
1992 . 448
Jicarilla Apache Tribe Water Rights
Settlement Act . 2237
San Carlos Apache Tribe Water
Rights Settlement Act of 1992 . 4740
Small Business Credit and Business
Opportunity Enhancement Act of
1992 . 986
WniC Infant Formula Procurement Act
of 1992 . 3364
Copyrights
See also Patents and Trademarks
Audio Home Recording Act of 1992 . 4237
Copyright Amendments Act of 1992 . 264
Copyright infringement, criminal
penalties . 4233
Copyright Renewal Act of 1992 . 264
Unpublished works, fair use . 3145
Corporations
See Business and Industry
Councils
Advisory Council on California Indian
Policy Act of 1992 . 2131
National Council on Disability,
establishment . 4421
National Defense Technology and
Industrial Base Council,
establishment . 2664
National Quality Council,
establishment . 27
Native American Employment and
Training Council,
establishment . 1074
Private Industry Council,
establishment . 1026
State Human Resource Investment
Council, establishment . 1099
Statewide Independent Living
Council, establishment . 4446
United States Holocaust Memorial
Council, appropriation
authorization . 3463
Courthouses
See Federal Buildings and Facilities
Courts
Bankruptcy Judgeship Act of 1992 . 965
Battered Women’s Testimony Act of
1992 . 3459
Child custody litigation, research and
judicial training . 3461
Civil Liberties Act i^endments of
1992 . 1167
Page
Page
Court of Federal Claims Technical and
Procedural Improvements Act of
1992 . 4516
Court of Veterans Appeals, judicial
disciplinary procedures . 4980
Federal Courts Administration Act of
1992 . 4506
Judicial districts
Central district, CA,
establishment . 959
Eastern district, NC, changes . 112
Judiciary Appropriations Act, 1993,
The . 1856
Juvenile justice and delinquency
prevention . 4982
Patent and Plant Variety Protection
Remedy Clarification Act . 4230
Torture Victim Protection Act of
1991 . 73
Trademark Remedy Clarification
Act . 3567
United States Sentencing Commission
membership, extension . 933
redit
See Banks and Banking
Loans
rime
See Law Enforcement and Crime
uba
Cuban Democracy Act of 1992 . 2575
urrency
Annunzio- Wylie Anti-Money
Laundering Act . 4044
Cash Management Improvement
Act . 5133
Counterfeit Deterrence Act of 1992 . 4070
Food assistance programs, foreign
proceeds . 176
Peace Corps, fluctuation account,
establishment . 4265
Treasury Department Appropriations
Act, 1993 . 1729
D
ams
See Locks and Dams
eaf Persons
See Handicapped
eath Penalty
Mandatory Life Imprisonment or
Death Penalty for Murder in the
District of Columbia . 1436
ecorations, Medals, Awards
Awards
Commercial Space Achievement
Award . 5129
Congressional Award Act
Amendments of 1992 . 2265
Federal employees, cost savings
disclosure awards . 3134
John Heinz Competitive Excellence
Award . 2205
Renewable Energy Advancement
Awards . 2961
Medals
Bei\]*amin Franklin National
Memorial Commemorative
Medal and Fire Service Bill of
Rights Act . 1986
Persian Gulf commemorative silver
medals . 137
Thomas Jefferson Medal . 2308
Delaware
Delaware River
Port Authority Compact, PA and
NJ, Congressional consent . 3576
Wild and scenic river study,
designation . 2270
John J. Williams Post Office Building,
designation . 2310
Depository Institutions
See Banks and Banking
Desegregation
See Civil Rights
Diethylstilbestrol (DES)
See Drugs and Drug Abuse
Disability Compensation
See Labor and Employment
Disabled
See Handicapped
Disadvantaged
Higher Education Amendments of
1992 . 448
Housing and Community
Development Act of 1992 . 3672
Job Training Reform Amendments of
1992 . 1021
Disaster Assistance
Depository Institutions Disaster
ReliefActofl992 . 2771
Dire Emergency Supplemental
Appropriations Act, 1992, for
Disaster Assistance To Meet
Urgent Needs Because of
Calamities Such as Those Which
Occurred in Los Angeles and
Chicago . 248
Dire Emergency Supplemental
Appropriations Act, 1992,
Incluchng Disaster Assistance To
Meet the Present Emergencies
Arising From the Consequences of
Hurricane Andrew, Typhoon
Omar, Hurricane Iniki, and Other
Natural Disasters, and Additional
Assistance to Distressed
Communities . 1117
Disaster Relief Employment
Assistance . 1094
Horn of Africa Recovery and Food
Security Act . 115
Insular areas . 37
Reclamation States Emergency
Drought Relief Act of 199 1 . 53
Alzheimer’s Disease Research,
Training, and Education
Amendments of 1992 . 3281
Cancer Registries Amendment Act . 3372
DES Education and Research
Amendments of 1992 . 2092
National Foundation for the Centers
for Disease Control and
Prevention, establishment . 3474
Pacific Yew Act . 859
Preventive Health Amendments of
1992 . 3469
Veterans’ Radiation Exposure
Amendments of 1992 . 4776
District of Columbia
African-Americans Civil War
Memorial, authorization . 2104
Appropriations
l^scal year, 1993 . 1422
Supplemental and rescissions,
1992 . 1443
Congressional review of acts, waiver . 964
George Mason Memorial,
establishment . 127
Japanese American World War II
Veterans’ Memorial,
authorization . 3273
Mandatory Life Imprisonment or
Death Penalty for Murder in the
District of Columbia . 1436
Pennsylvania Avenue Development
Corporation, authorization . 2223
Spouse equity . 2167
Theodore Roosevelt Federal Building,
designation . 2214
Thomas Paine Memorid,
establishment . 1991, 2268
Djibouti
See Africa
Dolphins
See Marine Mammals
Domestic Violence
See Law Enforcement and Crime
Drought Assistance
See Disaster Assistance
Drugs and Drug Abuse
ADAMHA Reorganization Act . 323
Alsiska Native Dnig and Alcohol
Abuse Demonstration Project . 4581
Annunzio-Wylie Anti-Money
Laundering Act . 4044
Dietary Supplement Act of 1992 . 4500
DES Education and Research
Amendments of 1992 . 2092
Generic Drug Enforcement Act of
1992 . 149
Indian Substance Abuse Programs . 4572
International Narcotics Control Act of
1992 . 4914
Pacific Yew Act . 859
Prescription Drug Amendments of
1992 .
1992 . 4491
Regional Youth Alcohol and Substance
Abuse Prevention and Treatment
Center, AZ, establishment and
designation . 4581
Youth alcohol and substance abuse
prevention and treatment facility,
NV, establishment . 4581
E
Ecology
See Environmental Protection
Education
See aho Fellowships and Scholarships
Alternative Routes to Teacher
Certification and Licensure Act of
1992 . 698
Alzheimer’s Disease Research,
Training, and Education
Amendments of 1992 . 3281
Critical Needs for Tribal Development
Act . 803
Department of Education
^propriations Act, 1993 . 1813
DES Education and Research
Amendments of 1992 . 2092
Dwight D. Eisenhower Leadership
Development Act of 1992 . 783
Education of the Deaf Aict
Amendments of 1992 . 2151
Educational services,
telecommunication
improvements . 4098
EEOC Education, Technical
Assistance, and Training
Revolving Fund Act of 1992 . 2102
Head Start Improvement Act of 1992 .... 1956
Health Professions Education
Extension Amendments of 1992 1992
Higher Education Amendments of
1992 . 448
Higher Education Facilities Act of
1992 . 738
Higher Education Tribal Grant
Authorization Act . 798
Indian Emplo)rment, Training and
Related ^rvices Demonstration
Act of 1992 . 2302
International University for the
Americas, establishment . 3669
Job Training ^form Amendments of
1992 . 1021
National Independent Colleges and
Universities Discovery Act . 824
Native Americans Educational
Assistance Act . 3437
New Hampshire-Maine Interstate
School Compact, Congressional
consent . 3153
Nurse Education and Practice
Improvement Amendments of
1992 .
941
2069
Page
Page
eady to Learn Act . 3586
chools, Bureau of Indian Affairs,
extension . 288
outh Gate, CA, elementary school
lease, extension . 2244
ribal Development Student
Assistance Act . 809
terans’ Benefits Act of 1992 . 4320
Salvador
ze Central America
erly
ee Aged
ctions
losed captioning. Presidential
candidates, requirement . 1764
oting Rights Language Assistance
Act of 1992 . 921
ctricity
ze Energy
ployment
ze Labor and Employment
oal Industry Retiree Health Benefit
Act of 1992
nergy and Water Development
Appropriations Act, 1993 . 1315
nergy Efficient Environmental
l^ogram . 3071
nergy Policy Act of 1992 . 2776
[ational Advanced Manufacturing
Technologies Program . 3086
fational Advanced Materials
Program . 3085
ipeline Safety Act of 1992 . 3289
:ural Electrification Administration
Improvement Act of 1992 . 2183
olar Assistance Financing Entity,
establishment . 3875
park M. Matsunaga Renewable
Energy and Ocean Technology
Center, HI, establishment and
designation . 3080
vironmental Protection
ee also Conservation
immunity Environmental Response
Facilitation Act . 2174
Inergy Efficient Environmental
Program . 3071
‘ederal Facility Compliance Act of
1992 . 1505
llobal warming, climate study . 2999
rrand Canyon iS’Otection Act of
1992 . 4669
ligh-level radioactive waste, disposal
standards . 2921
ndian Environmental General
Assistance Prognc^m Act of 1992 . 3258
nnovative Environmental Technology
Transfer Program . 3003
<os Padres Condor Range and River
Protection Act . 242
Metropolitan Washington Waste
Management Study Act . 1517
Morris K. Udall Scholarship and
Excellence in National
Environmental and Native
American Public Policy Act of
1992 . 78
National Contaminated Sediment
Assessment and Management
Act . 4864
National Geologic Mapping Act of
1992 . 166
Pipeline Safety Act of 1992 . 3289
Sedt River Bay National Historical
Park and Ecological Preserve at
St. Croix, Virgin Islands, Act of
1992 . 33
Small Town Environmental Planning
Program . 1515
Waste Isolation Pilot Plant Land
Withdrawal Act . 4777
Equal Opportunity
See Civil Rights
Ethiopia
See Africa
Europe
Greece, naval vessels, transfer . 443
Montenegro, most-favored-nation
status, withdrawal . 2149
Serbia, most-favored-nation status,
withdrawal . 2149
Exports and Imports
See also Commerce and Trade
Albania, most-favored-nation status,
extension . 969
Export Enhancement Act of 1992 . 2186
Foreign Operations, Export
financing, and Related Prc^ams
Appropriations Act, 1993 . 1633
FREEDOM Support Act . 3320
Jobs Through Exports Act of 1992 . 3651
Serbia and Montenegro, most-favored-
nation status, withdrawal . 2149
Tourism Policy and Export Promotion
Act of 1992 . 1170
United States Commercial Centers,
establishment . 3661
F
Farms and Ranches
See Agriculture
Federal Buildings and Facilities
Arthur J. Holland United States Post
Office Building, NJ, designation . 844
Bureau of Indian Affairs’
administrative site, AK,
transfer . 3260
Clifton Merriman Post Office
Building, MA, designation . 2248
Dorothy Buell Memorid Visitor
Center, IN, designation . 2210
Edward P. Boland Department of
Veterans Affairs Medical Center,
MA, designation . 173
12 SUBJECT INDEX
Page
ederal Buildings and Facilities—
Continued
Edward R. Roybal
Campus, GA, designation . 1753
Laboratory, GA, designation . 1753
Esel D. Bell Post Office Building, TX,
designation . 2222
Ewing T. Kerr Federal Building and
United States Courthouse, WY,
designation . 87
Federal Facility Compliance Act of
1992 . 1505
Federal Reserve Bank Branch
Modernization Act . 3144
Frank M. Johnson, Jr., Federal
Building and United States
Courthouse, AL, designation . 86
George C. Young United States
^urthouse and Federal Building,
FL, designation . 2215
Glenn M. Anderson Federal Building,
CA, designation . 1753
Helen Day United States Post Office
Building, VA, designation . 2249
Jake Gam ^^ssion Simulator and
Training Facility, TX,
designation . 1610
John F. Kennedy Center for the
Performing Arts, maintenance
and repairs, authorization . 3267
John J. Williams Post Office Building,
DE, designation . 2310
John Paul Hammerschmidt
Federal Building and United States
Courthouse, AR, designation . 2247
Visitor Center, AR, designation . 4813
L. Douglas Abram Federal Building,
MO, designation . 278
Larkin 1. Smith General Mail Facility
and Post Office Building, MS,
designations . 2221
Martin Luther King, Jr. Federal
Building, TX, designation . 2263
Mitchell H. Cohen United States
Courthouse, NJ, designation . 2307
National Gallery of Art grounds,
boundary extension . 864
Quentin N. Burdick United States
Courthouse, ND, designation . 3370
Richard H. Chambers United States
Court of Appeals Building, CA,
designation . 1753
Robert A. Grant Federal Building and
United States Courthouse,
designation . 2243
Robert A. Roe Federal Building, NJ,
designation . 2246
Ronald Reagan Federal Building and
Courthouse, CA, designation . 2216
Silvio O. Conte Federal Building, MA,
Page
Spark M. Matsunaga Renewable
Energy and Ocean Technology
Center, HI, establishment and
designation . 3080
Theodore Roosevelt Federal Building,
DC, designation . 2214
Thomas T. Connally Department of
Veterans Affairs Medical Center,
TX, designation . 2250
William B. Hoyt II Visitor Center, NY,
designation . 481 1
Zora Leah S. Thomas Post Office
Building, NC, designation . 843
Fellowships and Scholarships
Acquisition Fellowship Program . 2468
Army Military History Fellowship
Program . 2511
Christopher Columbus Fellowship
Act . 142
Edmund S. Muskie Fellowship
Program . 3352
Environmental Scholarship and
Fellowship Programs . 2735
Higher Education Amendments of
1992 . 448
Legacy Resource Management
Fellowship Program . 2370
Morris K. Udall Scholarship and
Excellence in National
Environmental and Native
American Public Policy Act of
1992 . 78
Films
See Communications
Financial Institutions
See Banks and Banking
Fires and Fire Prevention
Bei\iamin Franklin National
Memorial Commemorative Medal
and Fire Service Bill of Rights
Act . 1986
Fire Administration Authorization
Act of 1992 . 3410
National Fallen Firefighters
Foundation Act . 3417
Fish and Wildlife
See also National Wilderness
Preservation System
National Wildlife Refuge
System
Central Bering Sea Fisheries
Enforcement Act of 1992 . 4906
Central Utah Project Completion
Act . 4605
Central Valley Project Improvement
Act . 4706
Elwha River Ecosystem and Fisheries
Restoration Act . 3173
Fishing, maritime boundary
agreement, implementation . 62
Great Lakes Fish and Wildlife Tissue
Page
Page
igh Seas Driftnet Fisheries
Enforcement Act . 4900
itemational Fishery Agreement,
Congressional approval . 5039
tional Oceanic and Atmospheric
Administration Authorization Act
of 1992 . 4270
w England groundfish,
restoration . 4309
OAA Fleet Modernization Act . 4299
orth Pacific Anadromous Stocks Act
of 1992 . 4309
orth Pacific Anadromous Stocks
Convention Act of 1992 . 5098
Eirtnerships for Wildlife Act . 5094
ild Bird Conservation Act of 1992 . 2224
Bfs
tional League of Families POW/
MIA flag, display requirements . 1184
rida
ry Tortugas National Park,
establishment . 3439
art Jefferson National Monument,
abolished . 3440
orge C. Young United States
Courthouse and Federal Building,
designation . 2215
iterstate Rail Passenger Network
Compact, Congressional
consent . 2255
[ary McLeod Bethune Memorial Fine
Arts Center, financial
assistance . 2168
>d
ee Agriculture
)d Stamps
?e Agriculture
eign Relations
ID, Trade, and Competitiveness Act
of 1992 .
ntinuing appropriations .
ban Democracy Act of 1992 .
emocracy Corps, establishment .
epartment of State and Related
Agencies Appropriations Act,
3658
....92
2575
3335
1993 . 1864
Salvador, military assistance . 96
nterprise for the Americas Act of
1992 . 3509, 3664
ood assistance programs, foreign
currency proceeds . 176
oreign operations
Administrative authorities,
changes . 3264
Export financing, and related
programs . 1633
rmer Soviet Union Demilitarization
Act of 1992 . 2563
REEDOM Support Act . 3320
[om of Africa Recovery and Food
Security Act . 115
itemational Dolphin Conservation
Act of 1992 . 3425
International Fishery Agreement,
Concessional approval . 5039
International Narcotics Control Act of
1992 . 4914
International Peacekeeping Act of
1992 . 277
Iran-Iraq Arms Non-Proliferation Act
of 1992 . 2571
Jobs Through Exports Act of 1992 . 3651
Liberia, peace process, limited
assistance . 106
Panama Canal Commission
Authorization Act for Fiscal Year
1993 . 2655
Peace Corps, appropriations and
fluctuation account . 4265
Soviet Union, former Republics,
assistance . 95
Torture Victim Protection Act of
1991 . 73
Tourism Policy and Export Promotion
Act of 1992 . 1170
United States-Hong Kong Polity Act
of 1992 . 1448
United States Information Agency,
film and radio documentaries,
domestic distribution . 2262
Weapons of Mass Destruction Control
Act of 1992 . 2567
Forests and Forestry
See also National Forest System
Hawaii Tropical Forest Recovery Act .... 4593
Olympic Experimental State Forest,
WA, federal assistance . 2218
Pacific Yew Act . 859
Foundations
Christopher Columbus Fellowship
Foundation, establishment . 142
Morris K- Udall Scholarship and
Excellence in National
Environmental Policy
Foundation, AZ, establishment . 79
National Fallen Firefighters
Foundation Act . 3417
National Foundation for the Centers
for Disease Control and
Prevention, establishment . 3474
Rural Tourism Development
Foundation, establishment . 1171
G
Gambling
Gambling devices, intrastate
transportation . 61
Professional and Amateur Sports
Protection Act . 4227
Georgia
Doug Barnard, Jr. — 1996 Atlanta
Centennial Olympic Games
Commemorative Coin Act . 1620
Ed Jenkins National Recreation Area,
redesignation . 2264
BU
SUBJECT INDEX
Page
Georgia — Continued
Edward R. Roybal Laboratory and
Campus, designation . 1753
Interstate Rdl Passenger Network
Compact, Congressional
consent . 2255
Martin Luther King, Junior, National
Historic Site and Preservation
District, boundary modification . 4768
Global Warming
See Environmental Protection
Government Enuiloyees
Administrative Procedure Technical
Amendments Act of 1991 . 944
Central Intelligence Agency
Retirement Act . 3196
CIAIUDS Technical Corrections Act of
1992 . 3196
Cost savings disclosure awards . 3134
Technical and Miscellaneous Civil
Service Amendments Act of
1992 . 1346
Government Organization
ADAMHA Reorganization Act . 323
Administrative Conference,
authorities . 1968
Agency for Health Care Policy and
Research Reauthorization Act of
1992 . 2094
Aid, Trade, and Competitiveness Act
ofl992 . 3658
Chesapeake Bay Estuarine Resources
Office, establishment . 4284
Institute for Aviation Weather
Prediction, MO, establishment . 5119
National Center for Preventive
Health, establishment . 4955
National Telecommunications and
Information Administration
Organization Act . 3533
Office Adolescent Health,
establishment . 3483
Office of Federal Housing Enterprise
Oversight, establishment . 3944
Office of Government Ethics
Amendment of 1992 . 3280
Office of Indian Women’s Health Care,
establishment . 4559
Office of Rural Housing Preservation,
establishment . 3841
Regulatory Barriers Clearinghouse,
establishment . 3940
Research and Special Programs
Administration, establishment . 3310
United States Bureau of Mines,
designation . 172
United States Mint Reauthorization
and Reform Act of 1992 . 1624
Page
Alcohol Traffic Safety Grants . 1569
Child Abuse, Domestic Violence,
Adoption and Family Services Act
of 1992 . 187
Choice in Public Housing
Management Act of 1992 . 3701
Energy Policy Act of 1992 . 2776
Higher Education Amendments of
1992 . 448
Higher Education Tribal Grant
Authorization Act . 798
Homeless Veterans Comprehensive
Service Programs Art of 1992 . 5136
Housing and Community
Development Art of 1992 . 3672
Incentive Grants for Local
Delinquency Prevention
Programs Act . 5027
Indian Environmental General
Assistance Program Art of 1992 . 3258
Indian Health Amendments of 1992 . 4526
Industrial energy efficiency . 2838
Job Training Reform Amendments of
1992 . 1021
Juvenile justice and delinquency
prevention . 5002
Microenterprise Grants Program,
establishment . 1 093
National Historic Preservation Act
Amendments of 1992 . 4753
Native American Languages Art of
1992 . 3434
Older Americans Act Amendments of
1992 . 1195
Preventive Health Amendments of
1992 . 3469
Rehabilitation Art Amendments of
1992 . 4344
Scientific and Advanced-Technology
Act of 1992 . 2297
Tribal Development Student
Assistance Act . 809
Greece
See Europe
H
Handicapped
DeafPersons
Education of the Deaf Act
Amendments of 1992 . 2151
Housing and Community
Development Act of 1992 . 3672
Rehabilitation Art Amendments of
1992 . 4344
Temporary Child Care for Children
With Disabilities and Crisis
Nurseries Act Amendments of
SUBJECT INDEX B15
Page
n Species Prevention and
Enforcement Act of 1992 . 1774
i^aii Tropical Forest Recovery Act .... 4593
/aiian Homes Commission
Amendments, Congressional
consent . 1953
/aiian Islands National Marine
Sanctuary Act . 5055
rk M. Matsunaga Renewable
Energy and Ocean Technology
Center, establishment . 3080
rdous Substances
Safety
h and Health Care
also Research and Development
^HA Reorganization Act . 323
ncy for Health Care Policy and
Research Reauthorization Act of
1992 . 2094
leimer’s Disease Research,
Training, and Education
Amendments of 1992 . 3281
nedical Research in Space . 5130
cer Registries Amendment Act . 3372
1 Industry Retiree Health Benefit
Act of 1992 . 3036
artment of Health and Human
Services Appropriations Act,
1993 . 1799
erally Supported Health Centers
Assistance Act of 1992 . 3268
:ility Clinic Success Rate and
Certification Act of 1992 . 3146
1th care services,
telecommunication
improvements . 4098
Ith Maintenance Organizations
ayton Area Health Plan, OH,
Medicaid requirement, waiver . 126
nnessee Primary Care Network,
Medicaid requirement, waiver . 289
1th Professions Education
Extension Amendments of 1992 . 1992
an Health Amendments of 1992 . 4526
nmography Quality Standards Act
of 1992 . 3547
licaid and Medicare
ealth maintenance organizations,
requirement waiver . 126, 289
lical Device Amendments of 1992 . 238
ional Center for Preventive
Health, establishment . 4955
se Education and Practice
Improvement Amendments of
1992 . 2069
;rition
hild Nutrition Amendments of
1992 . 911
Page
Older Americans Act Amendments of
1992 . 1195
Persian Gulf War Veterans’ Health
Status Act . 4975
Preventive Health Amendments of
1992 . 3469
Public Health Service Act Technical
Amendments Act . 938
Veterans Health Care Act of 1992 . 4943
Veterans’ Medical Programs
Amendments of 1992 . 1972
Women Veterans Health Programs
Act of 1992 . 4944
Workers’ Family Protection Act . 3420
Health Care Professionals
See Health and Health Care
Health Maintenance Organizations
See Health and Health Care
Historic Preservation
Appomattox Court House National
Historical Park, VA, addition . 3565
Brown v. Board of Education National
Historic Site, KS, establishment . 3438
Dayton Aviation Heritage
Preservation Act of 1992 . 2141
Graveyard of the Atlantic Artifacts,
NC, space acquisition . 5047
Hopewell Culture National Historical
Park, OH, designation and
expansion . 185
Japanese American National Historic
Landmark Theme Study Act . 42
Joseph G. Minish Passaic River
Waterfront and Historic Area, NJ,
designation . 4824
Keweenaw National Historic Park,
establishment . 3569
Manzanar National Historic Site, CA,
establi shment . 40
Marsh-Billings National Historical
Park Establishment Act . 934
Martin Luther King, Junior, National
Historic Site and Preservation
District, GA, boundary
modification . 4768
Minute Man National Historical Park
Amendments of 1991 . 3135
Museums
U.S.S. Lexington^ Corpus Christi
Area Convention and Visitors
Bureau, TX, naval museum and
memorial . 72
National Center for Preservation
Technology and Training, LA,
establishment . 4766
National Film Preservation Act of
1992 . 267
_ _ _1 TT_* j.__
XT _ i-i
- • _ Tl—
A
B16
. SUBJECT INDEX
Page
Historic Preservation — Continued
Palo Alto Battlefield National Historic
Site Act of 1991 . 256
President John F. Kennedy
Assassination Records Collection
Act of 1992 . 3443
Salt River Bay National Historical
Park and Ecological Preserve at
St. Croix, Virgin Islands, Act of
1992 . 33
Homeless
ADAMHA Reorganization Act . 323
Child Nutrition Amendments of
1992 . 911
Homeless Children’s Assistance Act of
1992 . 3363
Homeless Veterans Comprehensive
Service Progframs Act of 1992 . 5136
Housing and Community
Development Act of 1992 . 3672
Stewart B. McKinney Homeless
Housing Assistance Amendments
Act of 1992 . 4012
Hong Kong
United States-Hong Kong Policy Act
of 1992 . 1448
Hospitals
See Health and Health Care
Housing
Choice in Public Housing
Management Act of 1992 . 3701
Departments of Veterans Affairs and
Housing and Urban Development,
and Independent Agencies
Appropriations Act, 1993 . 1571
Energy Efficient Mortgage Pilot
Program, establishment . 2792, 3786
Federal Housing Enterprises
Financial Safety and Soundness
Act of 1992 . 3941
HOME Investment Partnership
construction funds and local
finance projects, availability and
use . 113
Homeless Veterans Comprehensive
Service Programs Act of 1992 . 5136
Housing and Community
Development Act of 1992 . 3672
Lead-Based Paint Exposure Reduction
Act . 3912
Multifamily Housing Finance
Improvement Act . 3794
National Council on Disability,
establishment . 4421
Native American Veteran Housing
Loan Pilot Pr(^am . 3636
Older Americans Act Amendments of
1992 . 1195
Office of Federal Housing Enterprise
Page
Residential Lead-Based Paint Hazard
Reduction Act of 1992 . 3897
Stewart B. McKinney Homeless
Housing Assistance Amendments
of 1992 . 4012
Veterans Home Loan Program
Amendments of 1992 . 3633
Human Rights
Foreign Operations, Export
Financing, and Related Programs
Appropriations Act, 1993 . 1633
Torture Victim Protection Act of
1991 . 73
United States Commission on Civil
Rights Authorization Act of
1992 . 1955
Hunger
Horn of Africa Recovery and Pood
Security Act . 115
Hurricanes
See Disaster Assistance
I
Idaho
Arkansas-Idaho Land Exchange Act of
1992 . 4937
Nez Perce National Historical Park
Additions Act of 1991 . 4770
Illinois
Dire Emergency Supplemental
Appropriations Act, 1992, for
Disaster Assistance To Meet
Urgent Needs Because of
Calamities Such as Those Which
Occurred in Los Angeles and
Chicago . 248
Interstate Rail Passenger Network
Compact, Congfressional
consent . 2255
Immigration
Chinese Student Protection Act of
1992 . 1969
Soviet Scientists Immigration Act of
1992 . 3316
Indiana
Dorothy Buell Memorial Visitor
Center, designation . 2210
Indiana Dunes National Lakeshore
Access and Enhancement Act . 2208
Interstate Rail Passenger Network
Compact, Congfressional
consent . 2255
Robert A. Grant Federal Building and
United States Courthouse,
designation . 2243
Indians
Advisoiy Council on California Indian
Policy Act of 1992 . 2131
Ak-Chin Water Use Amendments Act
SUBJECT INDEX Bl7
Page
!!)atawba Indian Tribe, SC, land
dispute . 869
Critical Needs for Tribal Development
Act . 803
Department of the Interior and
Related Agencies Appropriations
Act, 1993 . 1374
energy resources . 3113
•'ederal Indian statutes, technical
corrections . 3255
iigher education programs . 797
ligher Education Tribal Grant
Authorization Act . 798
ndian Employment, Training and
Related Services Demonstration
Act of 1992 . 2302
ndian Energy Resource Commission,
establishment . 3115
ndian Environmental General
Assistance Program Act of 1992 . 3258
ndian Health Amendments of 1992 . 4526
Ficarilla Apache Tribe Water Rights
Settlement Act . 2237
Cenai Natives Association, Inc., land
rights . 2267
^lorris K. Udall Scholarship and
Excellence in National
Environmental and Native
American Public Policy Act of
1992 . 78
Native American Languages Act of
1992 . 3434
'Native American Programs Act
Amendments of 1992 . 1295
Native American Veteran Housing
Loan Pilot Program . 3636
Native Americans Educational
Assistance Act . 3437
^lorthem Cheyenne Indian Reserved
Water Rights Settlement Act of
1992 . 1186
Dffice of Indian Women’s Health
Care . 4559
Dlder Americans Act Amendments of
1992 . 1195
Pueblo de Cochi ti settlement
agreement fund, authorization . 960
Resource Centers on Native American
Elders, establishment . 1256
3an Carlos Apache Tribe Water
Rights Settlement Act of 1992 . 4740
Schools, Bureau of Indian Affairs,
extension . 288
Southern Arizona Water Rights
Settlement Technical
Amendments Act of 1992 . 3256
Standing Rock Indian Reservation,
ND, irrigation . 4669
rhree Affiliated Tribes and Standing
Rock Sioux Tribe Equitable
Ute Indians Water Rights
Settlement . 4g5Q
Zuni River Watershed Act of 1992 . 866
Industry
See Business and Industry
Infants
See Children and Youth
Insurance
Dependency and Indemnity
Compensation Reform Act of
1992 . 4321
Small Business Access to Surety
Bonding Survey Act of 1992 . 1002
Veterans’ Benefits Act of 1992 . 4320
Veterans’ life insurance . 4324
Intergovernmental Relations
ADAMHA Reorganization Act . 323
Anti Car Theft Act of 1992 . 3384
Child Abuse, Domestic Violence,
Adoption and Family Services Act
of 1992 . 187
Clean Vessel Act of 1992 . 5086
Higher Education Amendments of
1992 . 448
HOME Investment Partnership
construction funds and local
finance projects, availability and
use . 113
Incentive Grants for Local
Delinquency Prevention
Programs Act . 5027
Job Training Reform Amendments of
1992 . 1021
National Ombudsman Resource
Center, establishment . 1205
New Hampshire-Maine Interstate
School Compact, Congressional
consent . 3153
Older Americans Act Amendments of
1992 . . . 1195
Patent and Plant Variety Protection
Remedy Clarification Act . 4230
Professional and Amateur Sports
Protection Act . 4227
Reclamation States Emergency
Drought Relief Act of 1991 . 53
Rehabilitation Act Amendments of
1992 . 4344
Removal of Regulatory Barriers to
Affordable Housing Act of 1992 . 3938
State Elder Rights and Legal
Assistance Development
Program, establishment . 1285
State Long-Term Care Ombudsman
Program, establishment . 1276
Statewide Independent Living
Council . 4446
Trademark Remedy Clarification
Act . 3567
Unemployment Compensation
B18
SUBJECT INDEX
Page
Investments
See Securities
Iowa
National Historic Trails, designation . 845
Iran
See Middle East
Iraq
See Middle East
Irrigation
See Water
J
Judges
See Courts
K
Kansas j
Brown v. Board of Education National
Historic Site, establishment . 3438
Cedar Bluff Unit, Pick-Sloan Missouri
Basin Progfram, authorization . 4659
Kentucky
Interstate Rail Passenger Network
Compact, Congfressional
consent . 2255
L
Labeling
American Automobile Labeling Act . 1556
Labor and Employment
Department of Labor Appropriations
Act, 1993 . 1792
Emergency unemployment benefits,
increase . 3
Employee assistance programs . 377
Indian Employment, Training and
Related ^rvices Demonstration
Act of 1992 . 2302
Job Training Reform Amendments of
1992 . 1021
Jobs Through Exports Act of 1992 . 3651
National Center for the Workplace,
establishment . 831
Older Americans Act Amendments of
1992 . 1195
Railroad labor-management disputes,
settlement . 260
Rehabilitation Act Amendments of
1992 . 4344
Retirement
Capitol Police, lump-sum payment
provisions . 1951
Coal Industry Retiree Health
Benefit Act of 1992 . 3036
Unemployment Compensation
Amendments of 1992 . 290
Veterans’ Benefits Act of 1992 . 4320
Veterans’ Compensation Cost-of-
T A A ^ irtrto 0010
Page
Workers’ Family Protection Act . 3420
Lakes
See Water
Landmarks
See Historic Preservation
Law Enforcement and Crime
Animal Enterprise Protection Act of
1992 . 928
Annunzio- Wylie Anti-Money
Laundering Act . 4044
Anti Car Theft Act of 1992 . 3384
Capitol Police, jurisdiction . 1949
Child Support Recovery Act of 1992 . 3403
Copyright infringement, criminal
penalties . 4233
Counterfeit Deterrence Act of 1992 . 4070
Crime control and safe streets
progfram, authorization . 3524
Department of Justice and Related
Agencies Appropriations Act,
1993 . 1828
Domestic Violence
Battered Women’s Testimony Act of
1992 . 3459
Child Abuse, Domestic Violence,
Adoption and Family Services
Act of 1992 . 187
FAA Civil Penalty Administrative
Assessment Act of 1992 . 923
Generic Drug Enforcement Act of
1992 . 149
International Narcotics Control Act of
1992 . 4914
Juvenile justice and delinquency
prevention . 4982
Mandatory Life Imprisonment or
Death Penalty for Murder in the
District of Columbia . 1436
Prisoners
Incarcerated Witness Pees Act of
1991 . 2138
Professional and Amateur Sports
Protection Act . 4227
Public safety officers, disabiUty
benefits . 3402
Ted Weiss Child Support Enforcement
Act of 1992 . 3531
Torture Victims Protection Act of
1991 . 73
Treasury Forfeiture Fund Act of
1992 . 1779
Liberia
See Africa
Libraries
Higher Education Facilities Act of
1992 . 738
Library of Congress
National Film Registry . 267, 270
Special Facilities Center, additional
authorization . 2253
Trust Fund Board, membership . 31
SUBJECT INDEX
B19
Page
Page
I Professions Education
ictension Amendments of 1992 . 1992
r Education Amendments of
)92 . 448
tig and Community
Bvelopment Act of 1992 . 3672
ending Expansion Act of 1992 . 989
i American Veterans Housing
lan Pilot Program . 3636
)od Valley County Water
Lstrict, CA, loan sales . 4687
Business Credit and Business
pportunity Enhancement Act of
)92 . 986
Business Credit Crunch Relief
:t of 1992 . 987
Development Student
ssistance Act . 809
i Water Conservation District,
A, loan sale . 4688
ms Home Loan Program
mendments of 1992 . 3633
ind Dams
Waggonner, Jr. Lock, LA,
jsignation . 4824
ir^n Lock and Dam, AR,
isignation . 4824
t C. Byrd Locks and Dam, OH
id WV, designation . 4825
na
Waggonner, Jr. Lock,
jsignation . 4824
fston Parish, land conveyance . 4234
lal Center for Preservation
Bchnology and Training,
itablishment . 4766
B River Compact Amendment,
ongressional consent . 4661
M
«tal Service
lampshire-Maine Interstate
:hool Compact, Congressional
rnsent . 3153
soli-Guillard National Center
id Facility for the Culture of
[arine Phytoplankton,
ssignation . 5054
icturers
isiness and Industry
Mammals
ins
imational Dolphins
Conservation Act of 1992 . 3425
le Mammal Health and
trandincr Ant. . .
Marine Sanctuaries
See National Marine Sanctuaries
Maritime Affairs
Abandoned Barge Act of 1992 . 5081
Clean Vessel Act of 1992 . 5086
Coast Guard Authorization Act of
1992 . 5068
Pishing, maritime boundary
agreements, implementation . 62
NOAA Fleet Modernization Act . 4299
Non-Vessel-Operating Common
Carrier Act of 1991 . 60
Maryland
Anne Arundel County, land
conveyance . 1 729
Assateague Island National Seashore,
acreage limit increase . 321
Massachusetts
Boston Harbor, conservation study . 3442
Clifton Merriman Post Office
Building, designation . 2248
Edward P. Boland Department of
Veterans Affairs Medical Center,
designation . 173
Minute Man National Historical Park
Amendments of 1991 . 3135
Silvio O. Conte Federal Building,
designation . 279
Stellwagen Bank National Marine
Sanctuary, designation . 5048
Medals
See Decorations, Medals, Awards
Medicaid and Medicare
See Health and Health Care
Memorials
See National Parks, Monuments,
Memorials
Mental Health
See Health and Health Care
Merchant Marine
See Maritime Affairs
Mexico
Center for North American Studies,
establishment . 3512
Michigan
Keweenaw National Historic Park,
establishment . 3569
Michigan Scenic Rivers Act of 1991 . 45
Middle East
Iran-Iraq Arms Non-Proliferation Act
ofl992 . 2571
Minerals and Mining
Coal, oil, and gas . 3101
Department of the Interior and
Related Agencies Appropriations
Act, 1993 . 1374
Minorities
African-Americans Civil War
Memorial. autbori7.at.ion . 2104
Page
Page
Minorities — Continued
Higher Education Amendments of
1992 . 448
Japanese American National Historic
Landmark Theme Study Act . 42
Manzanar National Historic Site, CA,
establishment . 40
Voting Rights Language Assistance
Act of 1992 . 921
Mississippi
Food service management institute,
establishment and maintenance . 865
Larkin I. Smith General Mail Facility
and Post Office Building,
designations . 2221
Wilkinson County School District . 5156
Missouri
Institute for Aviation Weather
Prediction, establishment . 4278, 5119
Jefferson National Expansion
Memorial, fimding . 947
L. Douglas Abram Federal Building,
designation . 278
Mark Twain National Forest,
boundary modification . 3263
National Historic Trails, designation . 845
Page Avenue, extension project . 3312
Montana
Irrigation projects . 4690
Northern Cheyenne Indian Reserved
Water Rights Settlement Act of
1992 . 1186
Montenegro
See Europe
Monuments
See National Parks, Monuments,
Memorials
Mortgages
See Housing
Motor Vehicles
American Automobile Labeling Act . 1556
Anti Car Theft Act of 1992 . 3384
Electric motor vehicles . 2899, 3063
Fuel ratings, clarification and
posting . 2996
Museums
See Historic Preservation
N
Narcotics
See Drugs and Drug Abuse
National Aeronautics and Space
Administration
Langley Research Center, 75th
anniversary . 445
National Defense
Army National Guard Combat
Readiness Reform Act of 1992 . 2536
Defense Conversion, Reinvestment,
and Transition Assistance Act of
1992 . 2658
Defense Production Act Amendments
ofl992 . 4198
Department of Defense
Appropriations Ac^ 1993 . 1876
Deputy National Security Advisor,
continuation in grade,
temporary . 216
Former Soviet Union Demilitarization
Act of 1992 . 2563
Intelligence Authorization Act for
Fiscal Year 1993 . 3180
Intelligence Organization Act of
1992 . 3188
Iran-Iraq Arms Non-Proliferation Act
of 1992 . 2571
Land Remote Sensing Policy Act of
1992 . 4163
Military Construction Appropriations
Act, 1993 . 1366
Nationed Defense Authorization Act
for Fiscal Year 1993 . 2315
Nonproliferation and disarmament
programs . 3338
Weapons of Mass Destruction Control
Act of 1992 . 2567
National Forest System
Black Hills National Forest, SD, land
conveyance . 931
Chugach National Forest, AK,
boundaiy change . 2113
Fishlake National Forest
Enlargement Act . 181
Mark Twain National Forest, MO,
boundaiy change . 3263
Ouachita National Forest, boundary
change . 4941
National l^rine Sanctuaries
Flower Garden Banks National
Marine Sanctuary, designation . 60
Hawaiian Islands Humpback Whale
National Marine Sanctuary, HI,
designation . 5055
Monterey Bank National Marine
Sanctuary, CA, designation . 5048
National Marine Sanctuaries Program
Amendments of 1992 . 5039
Stellwagen Bank National Marine
Sanctuary, MA, designation . 5048
National Parks, Monuments,
Memorials
Elwha River Ecosystem and Fisheries
Restoration Act . 3173
Memorials
Afidcan-Americans Civil War
Memorial, DC, authorization . 2104
George Mason Memorial, DC,
establishment . 127
Japanese American World War II
Veterans’ Memorial, DC,
authorization . 3273
Jefferson National Expansion
Memorial, MO, funding . 947
t Chicago National Memorial Act
of 1992 . 4235
)mas Paine Memorial, DC,
establishment . 2268
iments
1: Jefferson National Monument,
FL, abolished . 3440
}mas Paine Monument, DC,
establishment . 1991, 2268
i
pomattox Court House National
Historical Park, VA, addition . 3565
^n Aviation Heritage National
Historic Park, OH,
establishment . 2141
r Tortugas National Park, PL,
establishment . 3439
idericksburg and Spotsylvania
County Battlefields Memorial
National Military Park, VA,
expansion . 3565
ind Canyon Protection Act of
1992 . 4669
pewell Culture National
Historical Park, OH,
designation and expansion . 185
veenaw National Historic Park,
MI, establishment . 3569
rsh-Billings National Historical
Park Establishment Act . 934
lute Man National Historical
Park Amendments of 1991 . 3135
E Perce National Historical Park
Additions Act of 1991 . 4770
mpic National Park, WA, land
exchange and restoration . 2217,
3173
River Bay National Historical
Park and Ecological Preserve at
St. Croix, Virgin Islands, Act of
1992 . 33
al Trails System
ahakai Trail, HI, study . 2273
ican Discovery TVail, study . 2273
)mia National Historic Trsdl,
esignation . 845
Express National Historic Trail,
esignation . 845
al Wilderness Preservation
item
dres Condor Range and River
Protection Act . 242
al Wildlife Refuge System
isas-Idaho Land Exchange Act of
992 . 4937
ig Lands Conveyance
onendments of 1991 . 3138
field National Wildlife Refuge
titerpretive Center, WA,
onstioiction and operation . 4489
[T Mountain Arsenal National
B21
Page
Native Americans
See Alaska
Hawaii
Indians
Natural Disasters
See Disaster Assistance
Natural Resources
See Conservation
Nevada
Youth Alcohol and Substance Abuse
Prevention and Treatment
Facility, establishment . 4581
New Hampshire
New Hampshire-Maine Interstate
School Compact, Congressional
consent . 3153
New Jersey
Arthur J. Holland United States Post
Office Building, designation . 844
Delaware River
Port Authority Compact,
Congp-essional consent . 3576
River study, designation . 2270
Great Egg Harbor Wild and Scenic
River, designation . 3528
Joseph G. Minish Passaic River
Waterfront Park and Historic
Area, designation . 4824
Mitchell H. Cohen United States
Courthouse, designation . 2307
Robert A. Roe Federal Building,
designation . 2246
New Mexico
Jicarilla Apache Tribe Water Rights
Settlement Act . 2237
Lake Meredith Salinity Control
Project, authorization . 4658
Pueblo de Cochiti settlement
agreement fiind, authorization . 960
Waste Isolation Pilot Plant Land
Withdrawal Plant . 4777
Zuni River Watershed Act of 1992 . 866
New York
William B. Hoyt 11 Visitor Center,
designation . 4811
Nonprofit Organizations
Cluld Abuse, Domestic Violence,
Adoption and Family Services Act
of 1992 . 187
North Carolina
Eastern district court, changes . 112
Graveyard of the Atlantic A^facts,
space acquisition . 5047
Zora Leah S. Thomas Post Office
Building, designation . 843
North Dakota
Quentin N. Burdick United States
Courthouse, designation . 3370
Standing Rock Indian Reservation,
irrigation . 4669
Three Affiliated Tribes and Standing
Rock Sioux Tribe Equitable
SUBJECT INDEX
Page I
B22
SUBJECT INDEX
Page
Nuclear Energy
See Energy
Nuclear Waste
See Environmental Protection
Nurses
See Health and Health Care
Nutrition
See Health and Health Care
O
Oceans
See Water
Ohio
Cuyahoga National Recreation Area,
land exchange . 2211
Dayton Area Health Plan, Medicaid
requirement, waiver . 126
Dayton Aviation Heritage National
Historical Park, establishment . 2141
Hopewell Culture National Historical
Park, designation and
expansion . 185
Robert C. Byrd Locks and Dam,
designation . 4825
Oklahoma
Mountain Park Master Conservancy
District, payment . 4698
P
Panama
See Central America
Parks
See National Parks, Monuments,
Memorials
Patents and Trademarks
See also Copyrights
Maintenance fees, late payment . 2245
Patent and Plant Variety Protection
Remedy Clarification Act . 4230
Trademark Remedy Clarification
Act . 3567
Patriotic Societies and
Observances
Military Order of the World Wars,
federal charter . 2581
Retired Enlisted Association,
Incorporated, federal charter . 2584
Peace Corps
Appropriations, authorization . 4265
Foreign currency, fluctuation account,
establishment . 4265
Penalties
See Law Enforcement and Crime
Pennsylvania
Allegheny Wild and Scenic River,
designation . 108
Delaware River
Port Authority Compact,
Page
Persian Gulf
Armed Forces, commemorative silver
medals . 137
Persian Gulf War Veterans’ Health
Status Act . 4975
Pipelines
See Energy
Postal Service
Alien Species Prevention and
Enforcement Act of 1992 . 1774
Missing children, location and
recovery, use of official mail . 3371
Postal Service Appropriations Act,
1993 . 1737
Treasury, Postal Service and General
Government Appropriations Act,
1993 . 1729
Prescription Drugs
See Dmgs and Drug Abuse
Prisoners
See Law Enforcement and Crime
Proclamations
Albania, trade agreement . 5286
Andean Trade Preference Act,
implementation . 5352
Bolivia, trade preferences . 5380
China, copyright protections,
extension . 5236
Colombia, trade preferences . 5352
Czechoslovakia, most-favored-nation
treatment, extension . 5244
Giant sequoia in national forests,
management . 5381
Hungary, most-favored-nation
treatment, extension . 5244
Los Angeles, CA, restoring law and
order . 5259
Romania, trade agreement . 5328
Special observances
Agriculture Day . 100
American Heart Month . 5334
American Red Cross Month . 5227
American Wine Appreciation
Week . 2285
Amyotrophic Lateral Sclerosis
Awareness Month . 128, 5259
Asian/Pacific American Heritage
Month . 2251
Awareness Week for Lifesaving
Techniques . 259, 5350
Be Kind to Animals and National
Pet Week . 3276
Braille Literacy Week . 2274
Breast Cancer Awareness Month . 1165,
5400
Buffalo Soldiers Day . 851
Cancer Control Month . 5239
Captive Nations Week . 5382
Child Health Day . 5408
Childhood Cancer Month . 970, 5397
j _ »_ T\ _ er jtno
xx'^xyxz^xv
Page
olumbus Day . 5415
ommodore John Barry Day .... 1163, 5399
onstitution Week . 5402
nsumers Week . 5398
ountry Music Month . 2289
redit Education Week . 2314
rime Victims’ Rights Week . 174
ustomer Service Week . 2311, 5416
A.R.E.Day . 853,5393
ay of Prayer . 5231
efense Transportation Day . 5273
isability Employment Awareness
Month . 5405
ducation and Sharing Day,
U.S.A . 102,5246
ducation First Week . 2293
2d Airborne Division 50th
A * _ T» _ _ _ _ O'TI
nergy Awareness Month . 5422
arm-City Week . 5407
arm l^fety Week . 5249
other’s Day . 5326
ire Prevention Week . 5410
irefighters Day . 2290
lag Day . 5285
lag Week . 5285
'oster Care Month . 175, 5281
General Pulaski Memorial Day . 5417
lirl Scouts of the United States of
America 80th Anniversary
Day . 71,5233
rold Star Mother’s Day . 5404
irood Teen Day . 3275
Jreek Independence Day: A
National Day of Celebration of
Greek and American
Democracy . 88, 5241
lelsinki Human Rights Day . 855
lire a Veteran Week . 2105
lispanic Heritage Month . 5395
luntington’s Disease Awareness
Month . 164,5277
nfant Mortality Awareness Day . 163,
5271
rish-American Heritage Month . 70,
2287, 5230
jaw Day, U.S.A . 5267
jaw Enforcement Training Week . 3378
jeif Erikson Day . 5409
jiteracy Day . 286, 5351
joyalty Day . 5250
jyme Disease Awareness Week . 319,
5384
Maritime Day . 5279
Vlartin Luther King, Jr., Federal
Holiday . 5221
Vfedical Staff Services Awareness
Week . 2276
Vfental Illness Awareness Week . 2139,
5412
Military Families Recognition Day ....3563
Minority Enterprise Development
Week.
Page
Mother’s Day . 5269
Neurofibromatosis Awareness
Month . 4772
New York Stock Exchange,
bicentennial . 215, 5275
Occupational Therapy Day . 2281
Older Americans Month . 5276
Pan American Day . 5247
Pan American Week . 5247
Polish-American Heritage Month . 2170
POW/MIA Recognition Day . 1184, 5403
Prayer for Peace Memorial Day . 5282
Public Safety Telecommunicators
Week . 89, 5237
Public Service Recognition Week . 132,
5270
Recycling Day . 104, 5244
Red Ribl^n Week for a Ehnig-Pree
America . 2279
Rehabilitation Week . 967, 5394
Religious Freedom Day . 2277
Safe Boating Week . 5238
Save Your Vision Week . 5226
School Lunch Week . 5414
Scleroderma Awareness Month . 5348
Scleroderma Awareness Week . 255
Small Business Week . 5274
SPAR Anniversary Week . 5084
Spina Bifida Awareness Month . 275,
5349
Transportation Week . 5273
Trauma Awareness Month . 5272
Veterans Day . 5418
Vietnam Veterans Memorial 10th
Anniversaiy Day . 3382
Visiting Nurse Associations Week .... 2283,
5225
Volunteer Week . 5242
Walking Week . 2295
White Cane Safety Day . 5411
White House, 200th anniversaiy . 5420
Women and Girls in Sports Day... 68, 4196
Women in Agriculture Day . 75, 5235
Women’s Equality Day . 5389
Women’s Histoiy Month . 5220
Women Veterans Recognition
Week . 3380
World Population Awareness
Week . 3278
World Trade Week . 5278
World War II, Week for the National
Observance of the 50th
Anniversaiy . 177, 5283
Year of American Craft: A
Celebration of the Creative
Work of the Hand . 2312
Year of Reconciliation Between
American Indians and Non-
Indians . 130, 5347
Year of the American Indian . 5229
Year of the Gulf of Mexico . 5219
Tariffs
Generalized System of Preferences,
amendments . 5223,
5234, 5251, 5307, 5320, 5392
5385
Proclamations — Continued
Tariffs — Continued
Harmonized Tariff Schedule, duty
rates, reduction . 5261
Public Broadcasting
See Communications
Public Lands
See also Real Property
Alaska Land Status Technical
Corrections Act of 1992 . 2112
Arkansas-Idaho Land Exchange Act of
1992 . 4937
Black Hills Workshop and Training
Center, Inc., SD, land
conveyance . 931
Cedar River Watershed Land
Exchange Act of 1992 . 2258
Central Utah Project Completion
Act . 4605
Cuyahoga National Recreation Area,
OH, land exchange . 2211
Department of the Interior and
Related Agencies Appropriations
Act, 1993 . 1374
Fishlake National Forest
Enlargement Act . 181
Kenai Natives Association, Inc., land
rights . 2267
Koniag Lands Conveyance
Amendments of 1991 . 3138
Mark Twain National Forest, MO,
boundary modifications . 3263
Mount Olivet Cemetery Association,
UT, land lease . 930
National Geologic Mapping Act of
1992 . 166
Pacific Yew Act . 859
Reclamation Projects Authorization
and Ai^ustment Act of 1992 . 4600
Reclamation States Emergency
Drought Relief Act of 1991 . 53
Reclamation Wastewater and
Groundwater Study and Facilities
Act . 4663
South Gate, CA, elementary school
lease, extension . 2244
Sunnyside Valley Irrigation District,
WA, land conveyance . 4684
United States Geological Survey,
designation . 171
Waste Isolation Pilot Plant Land
Withdrawal Act . 4777
R
Railroads
Amtrak Authorization and
Development Act . 3515
Emergency unemployment benefits . 5
Interstate Rail Passenger Network
Compact, Congressional
consent . 2255
Labor-management disputes,
settlement . 260
Rail Safely Enforcement and Review
Act . 972
Railroad workers, unemployment
compensation . 293
Real Property
See also Public Lands
Anne Arundel County, MD, land
conveyance . 1729
Architect of the Capitol, property
acquisition, authorization . 849
Arkansas-Idaho Land Exchange Act of
1992 . 4937
Black Hills Workshop and Training
Center, Inc., SD, land
conveyance . 931
Buffalo National River, use and
occupancy, termination . .....76
Catawba Indian Tribe, SC, land
dispute . 869
Community Environmental Response
Facilitation Act . 2174
Ekberg-Copper Spur Ranch, land
exchange . 183
Golden Gate National Recreation Area
Addition Act of 1992 . 236
Koniag Lands Conveyance
Amendments of 1991 . 3138
Livingston Parish, LA, land
conveyance . 4236
Mount Olivet Cemetery Association,
UT, land lease . 930
Rabbit Creek Lions Club, land
conveyance . 2114
Rocky Mountain Arsenal National
Wildlife Refuge Act of 1992 . 1961
Temple Junior College, TX, land
removal . 4959
University of Alaska . 2114
Reclamation
See Conservation
Recreation and Recreational Areas
Boat tax, repeal . 4909
Central Utah Project Completion
Act . 4605
Cuyahoga National Recreation Area,
OH, designation . 2211
Ed Jenkins National Recreation Area,
GA, redesignation . 2264
Golden Gate National Recreation Area
Addition Act of 1992 . 236
Grand Canyon Protection Act of
1992 . 4669
Reclamation Recreation Management
Act of 1992 . 4690
Religion
School prayer . 1820
Research and Development
See also Science and Technology
Agency for Health Care Policy and
Research Reauthorization Act of
1992 . 2094
Page
timer’s Disease Research,
Draining, and Education
Amendments of 1992 . 3281
Education and Research
Amendments of 1992 . 2092
rimental Program to Stimulate
!!Jompetitive Research on Space
ind Aeronautics Act . 5119
brane Processes Research Act of
L992 . 3142
1 Business Innovation Research
Program Reauthorization Act of
1992 . 4249
1 Business Research and
Development Enhancement Act of
L992 . 4249
sd States Weather Research
!*rogram, establishment . 4276
ment
fabor and Employment
I and Harbors
lao Wild and Scenic Rivers
)n Harbor, MA, conservation
;tudy . 3442
do National River, use and
)ccupancy, termination . 76
>h G. Minish Passaic River
iVaterfront Park and Historic
Area, NJ, designation . 4824
*adres Condor Range and River
Protection Act . 242
le River Compact Amendment,
DX and LA, Congrressional
;onsent . 4661
River Watershed Act of 1992 . 866
Areas
Jrban and Rural Areas
S
)rt and Airway Safety, Capacity,
SToise Improvement, and
[ntermodal Transportation Act of
L992 . 4872
munity Environmental Response
facilitation Act . 2174
modal Safe Container
Dransportation Act of 1992 . 3646
-Based Paint Exposure Reduction
Act . 3912
cal Device Amendments of 1992 . 238
line Safety Act of 1992 . 3289
ic safety officers, disability
)enef!ts . 3402
Safety Enforcement and Review
Act . 972
lential Lead-Based Paint Hazard
Eleduction Act of 1992 . 3897
cers’ Family Protection Act . 3420
IB and Loan Associations
lanks and Banking
Page
Scholarships
See Fellowships and Scholarships
School Prayer
See Religion
Schools
See Education
Science and Technology
See also Research and Development
American Technology Preeminence
Act of 1991 . 7
Emerging Technologies and Advanced
Technology Program
Amendments Act of 1991 . 15
Fertility Clinic Success Rate and
Certification Act of 1992 . 3146
Land Remote Sensing Policy Act of
1992 . 4163
Mammography Quality Standards Act
of 1992 . 3547
National Center for Preservation and
Technology Training, LA,
establishment . 4766
National Geologic Mapping Act of
1992 . 166
Scientific and Advanced-Technology
Act of 1992 . 2297
SI metric system . 847
Small Business Technology Transfer
Act of 1992 . 4256
Soviet Scientists Immigration Act of
1992 . 3316
Technology Administration
Authorization Act of 1991 . 7
Securities
Futures Trading Practices Act of
1992 . 3590
Small Business Equity Enhancement
Act of 1992 . 1007
Serbia
See Europe
Ships
See Maritime Affairs
Small Business
See also Business and Industry
Microlending Expansion Act of 1992 . 989
Small Business Access to Surety
Bonds Survey Act of 1992 . 1002
Small Business Credit and Business
Opportunity Enhancement Act of
1992 . 986
Small Business Credit Crunch Relief
Act of 1992 . 987
Small Business Equity Enhancement
Act of 1992 . 1007
Small Business Innovation Research
Program Reauthorization Act of
1992 . 4249
Small Business Research and
Development Enhancement Act of
1992 . 4249
Small Business Technology Transfer
Act of 1992 . 4526
B26
SUBJECT INDEX
Smithsonian Institution
National Gallery of Art, boundary
extension .
Solar Energy
See Energy
Somalia
See Africa
South America
Enterprise for the Americas Act of
1992 .
South Carolina
Catawba Indian Tribe, land dispute .
uth Dakota
Black Hills Workshop and Training
Center, Inc., land conveyance .
Ekberg-Copper Spur Ranch, land
exchange .
Lake Andes-Wagner/Marty II Act of
1992 .
Mid'Dakota Rural Water System Act
of 1992 .
Soviet Union
See Commonwealth of Independent
States
Space
Commercial space competitiveness .
Experimental Program to Stimulate
Competitive Research on Space
and Aeronautics Act .
Former Soviet Union, trade and
cooperation .
Nation^ Aeronautics and Space
Administration Authorization
Act, Fiscal Year 1993 .
Spain
Christopher Columbus quincentenary,
commemoration .
Sports
Professional and Amateur Sports
Protection Act .
State and Local Governments
See Intergovernmental Relations
specific State
Students
See Education
Substance Abuse
See Drugs and Drug Abuse
Sudan
See Africa
Surety Bonds
See Insurance
Page
.864
3664
..869
..931
..183
4677
4673
5122
5119
3346
5107
2291
4227
T
Taiwan
Naval vessels, transfer . 443
Taxes
Boat tax, repeal . 4909
Corporate payments, increase . 4
Eneigy conservation and production
Page
Internal Revenue Service refiind
offset . 5133
Unemployment Compensation
Amendments of 1992 . 290
Taxol
See Drugs and Drug Abuse
Teachers
See Education
Technology
See Science and Technology
Telecommunications
See Communications
Telephone
See Communications
Tennessee
Interstate Rail Passenger Network
Compact, Congressional
consent . 2255
Tennessee Primary Care Network,
Medicaid requirement, waiver . 289
Tennessee Valley Authority
Least-Cost Planning Program . 2798
Territories
Department of the Interior and
Related Agencies Appropriations
Act, 1993 . 1374
Terrorism
Animal Enterprise Protection Act of
1992 . 928
Torture Victim Protection Act of
1991 . 73
Texas
Corpus Christi Area Convention and
Visitors Bureau, U.S.S.
Lexington, transfer waiver . . . 72
Esel D. Bell Post Office Building,
designation . 2222
Jake Gam Mission Simulator and
Training Facility, designation . 1610
Lake Meredith Salinity Control
Project, authorization . 4658
Martin Luther King, Jr. Federal
Building, designation . 2263
Palo Alto Battlefield National Historic
Site Act of 1991 . 256
Sabine River Compact Amendment,
Congressional consent . 4661
Temple Junior College, land
restrictions, removal . 4959
Thomas T. Connally Department of
Veterans Affairs Medical Center,
designation . 2250
Tourism
See Commerce and Trade
Trade
See Commerce and Trade
Transportation
Air carriers
Freely Associated States . 39
Airport and Airway Safety, Capacity,
Ndse Improvement, and
Page
ak Authorization and
)evelopment Act .
vare River Port Authority
Compact, PA and NJ,
Congressional consent .
rtment of Transportation and
telated Agencies Appropriations
Let, 1993 .
modal Safe Container
Vansportation Act of 1992 .
modal surface transportation
bligation authority, restoration ...
venue, MO, extension project ....
Safety Enforcement and Review
LCt .
irch and Special Programs
administration, establishment .
3ns
isaster Assistance
U
doyment
abor and Employment
Nations
Seas Drifnet Fisheries
enforcement Act .
national Peacekeeping Act of
992 .
re Victim Protection Act of
991 .
and Rural Areas
fiunity Investment Corporation
demonstration Act .
fiunity Service Programs .
rtments of Veterans Affairs and
lousing and Urban Development,
nd Independent Agencies
appropriations Act, 1993 .
h care and education services,
elecommunication
nprovements .
ing and Community
velopment Act of 1992 .
)akota Rural Water System Act
fl992 .
nal Cities in Schools Community
development Program .
s of Rural Housing Preservation,
stablishment .
Electrification Administration
mprovement Act of 1992 .
Tourism Development
'oundation, establishment .
[ Town Environmental Planning
*r(^ram, establishment .
i Fair Chance Program,
stablishment .
al Utah Project Completion
iCt .
ike National Forest
Inlargement Act .
Mount Olivet Cemetery Association,
.3515 landlease .
Utah Reclamation Mitigation and
Conservation Commission,
.3576 establishment .
Utilities
See Energy
.1520
V
Vermont
ggg Marsh-Billings National Historical
3312 Park Establishment Act .
Vessels
Q-rt See Maritime Affairs
Veterans
3310 Administrative authority, extension ....
Court of Veterans Appesds, judicial
disciplinary procedures .
Departments of Veterans Affairs and
Housing and Urban Development,
and Independent Agencies
Appropriations Act, 1993 .
Dependency and Indemnity
Compensation Reform Act of
1992 .
.4900 Homeless Veterans Comprehensive
Service Programs Art of 1992 .
..277 Japanese American World War II
Veterans’ Memorial, DC,
....73 authorization .
Persian Gulf War Veterans Health
Status Act .
3859 Veterans’ Benefits Acts of 1992 .
.. 7 84 Veterans’ Compensation Cost-of-
Living Afijustment Act of 1992 .
Veterans Health Care Act of 1992 .
Veterans Home Loan Program
1571 Amendments of 1992 .
Veterans’ Medical Programs
Amendments of 1992 .
.4098 Veterans’ Radiation Exposure
Amendments of 1992 .
.3672 Women Veterans Health Prognrams
Act of 1992 .
4673 Virgin Islands
Salt River Bay National Historical
3887 Park and Ecological Preserve at
St. Croix, Virgin Islands, Art of
3841 1992 .
Virginia
2183 Appomattox Court House National
Historical Park, addition .
1171 Fredericksburg and Spotsylvania
County Battlefields Memorial
1515 N ational Militaiy Park,
expansion .
1086 Helen Day United States Post Office
Building, designation .
James R. Olin Flo^ Control Project,
4605 designation .
Metropolitan Washingfton Waste
..181 Management Study Act .
Page
..930
4626
...934
..178
.4980
1571
4321
5136
3273
4975
4320
3318
4943
3633
1972
4774
4944
....33
3565
3566
2249
4824
1517
28
SUBJECT INDEX
Page
Virginia — Continued
New River study, designation . 3441
oting Rights
See Elections
W
Washington
Cedar River Watershed Land
Exchange Act of 1992 . 2258
Elwha River Ecosystem and Fisheries
Restoration Act . 3173
Olympic National Park, land
exchange and restoration . 2217, 3173
Ridgefield National Wildlife Refuge
Interpretive Center, construction
and operation . 4489
Sunnyside Valley Irrigation District,
land conveyance . 4684
Virgil B. Bennington Lake,
designati on . 4825
Waste Treatment and Disposal
See Environmental Protection
Water
Ak-Chin Water Use Amendments of
1992 . 3258
Aqueducts
Fannin-McFarland Aqueduct, AZ,
designation . 4662
Central Utah Project Completion
Act . 4605
Central Valley Project Improvement
Act . 4706
Elwha River Ecosystem and Fisheries
Restoration Act . 3173
Energy and Water Development
Appropriations Act, 1993 . 1315
Irrigation projects, MT, pumping
power . 4690
Jicarilla Apache Tribe Water Rights
Settlement Act . 2237
Lakes
Indiana Dunes National Lakeshore
Access and Enhancement Act . 2208
John Paul Hammerschmidt Lake,
AR, designation . 4824
Lake Andes-Wagner/Marty II Act of
1992 . 4677
Lake Meredith Salinity Control
Project, TX and NM,
authorization . 4658
Virgil B, Bennington Lake, WA,
designation . 4825
Leadville Mine Drainage Tunnel,
authorization . 4655
Membrane Processes Research Act of
1992 . 3142
Mid-Dakota Rural Water System Act
ofl992 . 4673
Mountain Park Master Conservancy
Page
National Contaminated Sediment
Assessment and Management
Act . 4864
Northern Cheyenne Indian Reserved
Water Rights Settlement Act of
1992 . 1186
Oceans
National Oceanic and Atmospheric
Administration Authorization
Act of 1992 . 4270
Oceans Act of 1992 . 5039
Pueblo de Cochiti drainage system,
construction . 960
Reclamation Projects Authorization
and Adjustment Act of 1992 . 4600
Reclamation Recreation Management
Act of 1992 . 4690
Reclamation States Emergency
Drought Relief Act of 1991 . 53
Reclamation Wastewater and
Groundwater Study and Facilities
Act . 4663
Redwood Valley County Water
District, CA, loan sales . 4687
San Carlos Apache Tribe Water
Rights Settlement Act of 1992 . 4740
San Francisco Water Reclamation and
Reuse Demonstration Project . 4752
San Juan Suburban Water District,
CA, water pump repayment . 4693
Southern Arizona Water lights
Settlement Technical
Amendments Act of 1992 . 3256
Standing Rock Indian Reservation,
ND, irrigation . 4669
Sunnyside Valley Irrigation District,
WA, land conveyance . 4684
United Water Conservation District,
CA, loan sales . 4688
Ute Indian Water Rights Settlement . 4650
Water Resources Development Act of
1992 . 4797
Western Water Policy Review Act of
1992 . 4693
Weapons
See Arms and Munitions
Weather
Institute for Aviation Weather
Prediction, MO, establishment . 4278
National Oceanic and Atmospheric
Administration Authorization Act
of 1992 . 4270
NOAA Fleet Modernization Act . 4299
United States Weather Research
Program, establishment . 4276
Weather Service Modernization Act . 4303
West Virginia
New River study, designation . 3441
Robert C. Byrd Locks and Dam,
esiern ti n . 48 5
SUBJECT INDEX B29
Page
nd Scenic Rivers
fheny Wild and Scenic River, PA,
iesignation . 108
insas Wild and Scenic Rivers Act
>fl992 . 123
ware River study, designation . 2270
it Egg Harbor Wild and Scenic
[liver, NJ, designation . 3528
sr Merced Wild and Scenic River,
CA, designation . 2212
dgan Scenic Rivers Act of 1991 . 45
!^ver study, WV and VA,
designation . 3441
fe
disband Wildlife
Page
Women
See also Minorities
ADAMHA Reorganization Act . 323
Battered Women’s Testimony Act of
1992 . 3459
Higher Education Amendments of
1992 . 448
Women in Apprenticeship and
Nontraditional Occupations Act . 3465
Wyoming
Ewing T. Kerr Federal Building and
United States Courthouse,
designation . 87
Reclamation Projects Authorization
and Acb'ustment Act of 1992 . 4600
eku, Florence . 5157
Iroup Corporations . 2125
Sronson . 3135
LiOuisa May . 3135
in Philosophical Society . 2308
B
1, Doug, Jr. . 1620
9, Mary McLeod . 2168
, Frederick . 934
, Julia . 934
[ills Workshop and Training
ter, Inc . 931
Louis . 2274
Oliver . 3438
kirothy . 2210
Jocelyn . 1133
Page
Kenai Natives Association, Inc . 2267
Kennedy, John F . 3443
Klein, Craig A. . 5151
Kopp, Krishanthi Sava . 5155
M
Mack, Myma . 1687
Marsh, George Perkins . 934
Mason, George . 127
Massari, Anna C . 5156
McNamara, Patricia A . 5153
Mount Olivet Cemetery
Association . 930
N
New York Stock Exchange . 215
Northern Indiana Public Service
Company . 2209
C
o
, Mary P . 5150
William A. . 5154
Fidel . 2575
us, Christopher . 2291
let Region, Inc . 2267
D
Area Health Plan, Inc . 126
Jane E . 5149
Michael . 1687
, Paul Laurence . 2141
Ortiz, Dianna
1687
P
Paine, Thomas . 1991, 2268
Parini, Carmen Victoria . 5150
Parini, Felix Juan . 5150
Parini, Sergio Manuel . 5150
Pennsylvania Avenue Development
Corporation . 2223
Proffitt, William A . 5154
R
F
n, Beigamin . 1986
Mary Billings . 934
G
k)utros Boutros . 5199
Broke National Veterans
>ciation Foimdation . 3273
Washington Soap Box
by Association . 5191
H
!orporation . 2122, 2125
C^isty Carl . 5157
me, Nathaniel . 3135
Harold . 76
Margaret . 76
son, Trevor . 5149
Rabbit Creek Lions Club . 2114
Rabin, Yitzhak . 5200
Richards, Thomas C . 273
Ricks, Norman R . 5152
Rockefeller, Laurance Spelman . 934
Rockefeller, Mary French . 934
Roybal, Edward R . 1772
S
Sahnoun, Mohammed . 5199
Salazar, Andres Manuel . 3260
Salazar, Yvonne LeComu . 3260
Schneerson, Menachem M . 102
Sealaska Corporation . 2124
Shaan-Seet, Inc . 3260
Sidney, Margaret . 3135
Sorensen, Craig B . 5155
Sorensen, Nita M . 5155
Sunbright Utility District . 1591
T
J
in, Thomas . 915, 2308, 5202
d. Elizabeth Fischer . 1133
Tan, Lee Alan . 5150
Tennessee Primary Care Network . 289
Topeka Board of Education . 3438
K
5153
U
Rodgito
U.S.S. Lexington
72
INDIVIDUAL INDEX
Page
ited States Enrichment
Corporation . 2923
ited States Holocaust Memorial
Council . 3463
iversity of Alaska . 2114
V
t, Bruce C . 5152
W
iss, Sonya H . 1134
Page
Weiss, Ted . 353i
Wilkinson County School District . 515$
Wright, Orville . 2l4i
Wright, Wilbur . 2l4i
Wu, Caroline . 5149
Wu, Chi Shiang . 5149
Wu, Michael . 5149
Y
Yukon Kuskokwim Health
Corporation . 3260
Live Music Archive
Librivox Free Audio
Metropolitan Museum
Cleveland Museum of Art
Internet Arcade
Console Living Room
Books to Borrow
Open Library
TV News
Understanding 9/11