Human Services Reauthorization Act
PL 98-558 (S.2565), enacted 10/30/1984

98 STAT. 2878 
PUBLIC LAW 98-558—OCT. 30, 1984 
Public Law 98-558 
98th Congress 
Oct. 30, 1984 
[S. 2565] 
Human Services 
Reauthorization 
Act 
42 u s e 9801 
note. 
Children and 
youth. 
42 u s e 9832. 
42 u s e 9834. 
42 u s e 9835. 
42 u s e 9836. 
An Act 
To extend programs under the Head Start Act, and for other purposes. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That this Act may 
be cited as the "Human Services Reauthorization Act". 
TITLE I—HEAD START 
TECHNICAL AMENDMENT 
SEC. lOL Section 637(2) of the Head Start Act is amended by 
inserting "the Commonwealth o f before "the Northern Mariana 
Islands". 
AUTHORIZATION OF APPROPRIATIONS 
SEC. 102. Section 639 of the Head Start Act is amended to read as 
follows: 
"AUTHORIZATION OF APPROPRIATIONS 
"SEC. 639. There are authorized to be appropriated for carrying 
out the provisions of this subchapter $1,093,030,000 for fiscal year 
1985, and $1,221,000,000 for fiscal year 1986.". 
RESERVATION OF FUNDS FOR TRAINING AND TECHNICAL ASSISTANCE 
SEC. 103. (a) Section 640(a)(2)(C) of the Head Start Act is amended 
by inserting before the semicolon the following: "as described in 
section 648 of this subchapter, in an amount for each fiscal year 
which is not less than the amount expended for training and 
technical assistance activities under this clause for fiscal year 1982". 
(b) Section 640(a)(2) of the Head Start Act is amended by adding at 
the end thereof the following new flush sentences: "The minimum 
reservation contained in clause (C) of this paragraph shall not apply 
in any fiscal year in which the appropriation for the program 
authorized by this subchapter is less than the amount appropriated 
for fiscal year 1984. No funds reserved under this paragraph may be 
combined with funds appropriated under any other Act if the pur-
pose of combining funds is to make a single discretionary grant or a 
single discretionary payment, unless such funds appropriated under 
this subchapter are separately identified in such grant or payment 
and are used for the purposes of this subchapter.". 
DESIGNATION OF HEAD START AGENCIES 
SEC. 104. (a) Section 641(a) of the Head Start Act is amended by 
inserting after "agency" the second time it appears ", within a 
community,". 
(b) Section 641(c) of the Head Start Act is amended— 
PUBLIC LAW 98-558—OCT. 30, 1984 
98 STAT. 2879 
(1) by striking out ", except that" in the matter preceding 
clause (1) and inserting in lieu thereof "unless"; 
(2) by striking out "shall, before giving such priority, deter-
mine" in clause (1) and inserting in lieu thereof "makes a 
finding"; 
(3) by striking out "meets" in clause (1) and inserting in lieu 
thereof "fails to meet"; and 
(4) by inserting "except that" before "if in clause (2). 
(c) Section 641 of the Head Start Act is amended by redesignating 
42 USC 9836. 
subsection (d) as subsection (f) and by inserting after subsection (c) 
the following new subsections: 
"(d) If there is no Head Start agency as described in subsection 
(cX2), and no existing Head Start program serving a community, 
then the Secretary may designate a Head Start agency from among 
qualified applicants in such community. Any such designation shall 
be governed by the program and fiscal requirements, criteria, and 
standards applicable on September 1, 1983, to then existing Head 
Start agencies. 
"(e) The provisions of subsections (c) and (d) shall be applied by the 
Secretary in the distribution of any additional appropriations made 
available under this subchapter during any fiscal year as well as to 
initial designations of Head Start agencies.". 
PARTICIPATION IN HEAD START PROGRAMS 
SEC. 105. (a) Section 645(a) of the Head Start Act is amended by 
42 use 9840. 
adding at the end thereof the following: "During the period begin-
ning on the date of the enactment of the Human Services Reauthor-
ization Act and ending on October 1, 1986, and unless specifically 
authorized in any statute of the United States enacted after such 
date of enactment, the Secretary may not make any change in the 
method, as in effect on April 25, 1984, of calculating income used to 
prescribe eligibility for the participation of persons in the Head 
Start programs assisted under this subchapter if such change would 
result in any reduction in, or exclusion from, participation of per-
sons in any of such programs.". 
Ot)) Section 645 of the Head Start Act is amended by adding at the 
end thereof the following new subsection: 
"(c) Each Head Start program operated in a community may 
provide more than one year of Head Start services to children from 
age 3 to the age of compulsory school attendance in the State in 
which the Head Start program is located.". 
TECHNICAL ASSISTANCE AND TRAINING 
SEC. 106. Section 648 of the Head Start Act is amended— 
42 use 9843. 
(1) by striking out "may" and inserting in lieu thereof "shall"; 
and 
(2) by inserting before the period at the end thereof a comma 
and the following: "including a centralized child development 
training and national assessment program which may be 
administered at the State or local level leading to recognized 
credentials for such personnel, and resource access projects for 
personnel of handicapped children". 
98 STAT. 2880 
PUBLIC LAW 98-558—OCT. 30, 1984 
RESEARCH, DEMONSTRATION, AND PILOT PROJECTS 
42 use 9844. 
SEC. 107. Section 649 of the Head Start Act is amended by adding 
at the end thereof the following new subsection: 
"(c) No funds appropriated under this subchapter may be com-
bined with funds appropriated under any other Act if the purpose of 
combining funds is to make a single discretionary grant or a single 
discretionary payment, unless such funds appropriated under this 
subchapter are separately identified in such grant or payment and 
are used for the purposes of this title.". 
EVALUATION 
SEC. 108. The second sentence of section 65103) of the Head Start 
42 use 9846. 
Act is amended to read as follows: "Any revisions in such standards 
shall not result in the elimination of nor any reduction in the scope 
or types of health, education, parental involvement, social or other 
services required to be provided under the standards in effect on 
November 2,1978.". 
STATE GRANTS FOR DEPENDENT CARE PLANNING AND DEVELOPMENT 
SEC, 109. Chapter 8 of title VI of the Omnibus Budget Reconcilia-
tion Act of 1981, relating to community services programs, is 
amended by inserting at the end thereof the following new 
subchapter: 
"Subchapter D—Grants to States for Planning and Development of 
Dependent Care Programs and for Other Purposes 
"AUTHORIZATION OF APPROPRIATIONS 
42 use 9871. 
"SEC. 670A. For the purpose of allotments to States to carry out 
the activities described in section 670D, there are authorized to be 
appropriated $20,000,000 for each of the fiscal years 1985 and 1986. 
"ALLOTMENTS 
42 use 9872. 
"SEC. 670B. (a) From the amounts appropriated under section 
670A for each fiscal year, the Secretary shall allot to each State an 
amount which bears the same ratio to the total amount appropri-
ated under such section for such fiscal year as the population of the 
State bears to the population of all States, except that no State may 
receive less than $50,000 in each fiscal year. 
"(b) For the purpose of the exception contained in subsection (a), 
the term 'State' does not include Guam, American Samoa, the 
Virgin Islands, the Trust Territory of the Pacific Islands, and the 
Commonwealth of the Northern Mariana Islands. 
"PAYMENTS UNDER ALLOTMENTS TO STATES 
42 use 9873. 
"SEC. 670C. The Secretary shall make payments, as provided by 
section 6503(a) of title 31, United States Code, to each State from its 
allotments under section 670B from amounts appropriated under 
section 670A. 
"USE OF ALLOTMENTS 
42 use 9874. 
"SEC. 670D. (a) Subject to the provisions of subsections (c) and (d), 
amounts paid to a State under section 670C from its allotment under 
PUBLIC LAW 98-558—OCT. 30, 1984 
98 STAT. 2881 
section 670B for fiscal year 1985 and fiscal year 1986 may be used for 
the planning, development, establishment, expansion, or improve-
ment by the States, directly or by grant or contract with public or 
private entities, of State and local resource and referral systems to 
provide information concerning the availability, types, costs, and 
locations of dependent care services. The information provided by 
any such system shall include— 
"(1) the types of dependent care services available, including 
services provided by individual homes, religious organizations, 
community organizations, employers, private industry, and 
public and private institutions; 
"(2) the costs of available dependent care services; 
"(3) the locations in which dependent care services are 
provided; 
"(4) the forms of transportation available to such locations; 
"(5) the hours during which such dependent care services are 
available; 
"(6) the dependents eligible to enroll for such dependent care 
services; and 
"(7) any resource and referral system planned, developed, 
established, expanded, or improved with amounts paid to a 
State under this subchapter. 
In carrying out clause (7) of the previous sentence, no information 
shall be included with respect to any dependent care services which 
are not provided in compliance with the laws of the State and 
localities in which such services are provided. 
"(b)(1) Subject to the provisions of subsections (c) and (d), amounts 
paid to a State under section 670C from its allotment under section 
670B for fiscal year 1985 and fiscal year 1986 may be used for the 
planning, development, establishment, expansion, or improvement 
by the States, directly, or by grant or contract, with public agencies 
or private nonprofit organizations of programs to furnish school-age 
child care services before and after school in public or private school 
facilities or in community centers in communities where school 
facilities are not available. 
"(2) The State, with respect to the uses of funds described in 
paragraph (1) of this subsection shall— 
"(A) provide assurances, in the case of an applicant that is not 
a State or local educational agency, that the applicant has or 
will enter into an agreement with the State or local educational 
agency, institution of higher education or community center 
containing provisions for— 
"(i) the use of facilities for the provision of before or after 
school child care services (including such use during holi-
davs and vacation periods), 
'(ii) the restrictions, if any, on the use of such space, and 
"(iii) the times when the space will be available for the 
use of the applicant; 
"(B) provide an estimate of the costs of the establishment of 
the child care service program in the facilities; 
"(C) provide assurances that the parents of school-age chil-
dren will be involved in the development and implementation of 
the program for which assistance is sought under this Act; 
"(D) provide assurances that the applicant is able and willing 
to seek to enroll racially, ethnically, and economically diverse 
as well as handicapped school-age children in the child care 
service program for which assistance is sought under this Act; 
98 STAT. 2882 
PUBLIC LAW 98-558—OCT. 30, 1984 
"(E) provide assurances that the child care program is in 
compliance with State and local licensing laws and regulations 
governing day care services for school-age children to the extent 
that such regulations are appropriate to the age group served; 
and 
"(F) provide such other assurances as the Governor may 
reasonably require to carry out the provisions of this Act. 
"(c) Of the allotment to each State in each fiscal year— 
"(1) 40 percent shall be available for the activities described in 
subsection (a); 
"(2) 60 percent shall be available for the activities described in 
subsection (b). 
"(d) A State may not use amounts paid to it under this subchapter 
to— 
"(1) pay the costs of operation of any resource and referral 
system or before or after school child care program established, 
expanded, or improved under subsection (a); 
"(2) make cash payments to intended recipients of dependent 
care services including child care services; 
"(3) subsidize the direct provision of dependent care services 
including child care services; 
"(4) pay for construction or renovation; or 
"(5) satisfy any requirement for the expenditure of non-
Federal funds as a condition for the receipt of Federal funds. 
"(e)(1) The Federal share of any project supported under this 
subchapter shall be not more than 75 percent. 
"(2) Not more than 10 percent of the allotment of each 
State under this subchapter may be available for the cost of 
administration. 
"(f) Projects supported under this section to plan, develop, estab-
lish, expand, or improve a State or local resource and referral 
system or before or after school child care program shall not dupli-
cate any services, which prior to the date of enactment of this 
subchapter, are provided by the State or locality which will be 
served by such system. 
"(g) The Secretary may provide technical assistance to States 
in planning and operating activities to be carried out under this 
subchapter. 
"APPLICATION AND DESCRIPTION OF ACTIVITIES; REQUIREMENTS 
42 use 9875. 
"SEC. 670E. (a)(1) In order to receive an allotment under section 
670B, each State shall submit an application to the Secretary. Each 
such application shall be in such form and submitted by such date as 
the Secretary shall require. 
"(2) Each application required under paragraph (1) for an allot-
ment under section 670B shall contain assurances that the State will 
meet the requirements of subsection (b). 
"(b) As part of the annual application required by subsection (a), 
the chief executive officer of each State shall— 
"(1) certify that the State agrees to use the funds allotted to it 
under section 670B in accordance with the requirements of this 
subchapter; and 
"(2) certify that the State agrees that Federal funds made 
available under section 670C for any period will be so used as to 
supplement and increase the level of State, local, and other non-
Federal funds that would in the absence of such Federal funds 
PUBLIC LAW 98-558—OCT. 30, 1984 
98 STAT. 2883 
be made available for the programs and activities for which 
funds are provided under that section and will in no event 
supplant such State, local, and other non-Federal funds. 
The Secretary may not prescribe for a State the manner of compli-
ance with the requirements of this subsection. 
"(c) The chief executive officer of a State shall, as part of the 
application required by subsection (a), also prepare and furnish the 
Secretary (in accordance with such form as the Secretary shall 
provide) with a description of the intended use of the payments the 
State will receive under section 670C, including information on the 
programs and activities to be supported. The description shall be 
made public within the State in such manner as to facilitate com-
ment from any person (including any Federal or other public 
agency) during development of the description and after its trans-
mittal. The description shall be revised (consistent with this section) 
until September 30, 1987, as may be necessary to reflect substantial 
changes in the programs and activities assisted by the State under 
this subchapter, and any revision shall be subject to the require-
ments of the preceding sentence. 
"(d) Except where inconsistent with the provisions of this subchap-
ter, the provisions of section 1903(b), paragraphs (1) through (5) of 
section 1906(a), and sections 1906(b), 1907, 1908, and 1909 of the 
Public Health Service Act shall apply to this subchapter in the same 
manner as such provisions apply to part A of title XIX of such Act. 
"REPORT 
"SEC. 670F. Within three years after the date of enactment of this 
subchapter, the Secretary shall prepare and transmit to the Senate 
Committee on Labor and Human Resources and the House .Commit-
tee on Education and Labor a report concerning the activ-
ities conducted by the States with amounts provided under this 
subchapter. 
"DEFINITIONS 
"SEC. 670G. For purposes of this subchapter— 
"(1) the term 'community center' means facilities operated by 
nonprofit community-based organizations for the provision of 
recreational, social, or educational services to the general 
public; 
"(2) the term 'dependent' means— 
"(A) an individual who has not attained the age of 17 
years; 
"(B) an individual who has attained the age of 55 years; 
or 
"(C) a person with a developmental disability; 
"(3) the term 'developmental disability' has the same meaning 
as in section 102(7) of the Developmental Disabilities Assistance 
and Bill of Rights Act; 
"(4) the term 'equipment' has the same meaning given that 
term by section 198(aX8) of the Elementary and Secondary 
Education Act of 1965; 
"(5) the term 'institution of higher education' has the same 
meaning given that term under section 1201(a) of the Higher 
Education Act of 1965; 
42 use 300W-2. 
42 use 300W-5-
300W-8. 
42 use S
O
O
w
. 
42 use 9876. 
42 use 9877. 
42 u s e 6001. 
20 use 2854. 
20 use 1141. 
98 STAT. 2884 
PUBLIC LAW 98-558—OCT. 30, 1984 
"(6) the term 'local educational agency' has the same meaning 
given that term under section 198(a)(10) of the Elementary and 
20 use 2854. 
Secondary Education Act of 1965; 
"(7) the term 'school-age children' means children aged five 
through thirteen; 
"(8) the term 'school facilities' means classrooms and related 
facilities used for the provision of education; 
"(9) the term 'Secretary' means the Secretary of Health and 
Human Services; 
"(10) the term 'State' means each of the several States, the 
District of Columbia, the Commonwealth of Puerto Rico, Guam, 
American Samoa, the Virgin Islands, the Trust Territory of the 
Pacific Islands, and the Commonwealth of the Northern Mari-
ana Islands; and 
"(11) the term 'State educational agency' has the meaning 
given that term under section 198(a)(17) of the Elementary and 
20 use 2854. 
Secondary Education Act of 1965.". 
TITLE II—COMMUNITY SERVICES BLOCK GRANT 
AUTHORIZATION OF APPROPRIATIONS 
SEC. 201. Section 67203) of the Community Services Block Grant 
42 use 9901. 
Act (hereinafter in this title referred to as the "Act") is amended by 
adding at the end thereof the following new sentence: "There is 
authorized to be appropriated $400,000,000 for the fiscal year 1985, 
and $415,000,000 for the fiscal year 1986, to carry out the provisions 
of this subtitle.". 
DEFINITIONS 
42 use 9902. 
SEC. 202. (aXD The second sentence of section 673(1) of the Act is 
amended to read as follows: "The term 'eligible entity' also includes 
any limited purpose agency designated under title II of the Eco-
42 use 2781. 
nomic Opportunity Act of 1964 for fiscal year 1981 which served the 
general purposes of a community action agency under title II of such 
Act, unless such designated agency lost its designation under title II 
of such Act as a result of a failure to comply with the provisions of 
such Act, any grantee which received financial assistance under 
42 use 2809. 
section 222(aX4) of the Economic Opportunity Act of 1964 in fiscal 
year 1981, and any organization to which a State which applied for 
97 Stat. 871. 
and received a waiver from the Secretary under Public Law 98-139 
made a grant under this Act in fiscal year 1984.". 
Supra. 
(2) Section 673(1) of the Act is amended by adding at the end 
thereof the following two sentences: "In any geographic area of a 
State not presently served by an eligible entity, the Governor of the 
State may decide to serve such a new area by— 
"(A) requesting an existing eligible entity which is located 
and provides services in an area contiguous to the new area to 
serve the new area; 
"(B) if no existing eligible entity is located and provides 
services in an area contiguous to the new area, requesting the 
eligible entity located closest to the area to be served or an 
existing eligible entity serving an area within reasonable prox-
imity of the new area to provide services in the new area; or 
"(C) where no existing eligible entity requested to serve the 
new area decides to do so, designating any existing eligible 
entity, any organization which has a board meeting the require-
PUBLIC LAW 98-558—OCT. 30, 1984 
98 STAT. 2885 
merits of section 675(c)(3) or any political subdivision of the 
42 USC 9904. 
State to serve the new area. The Governor's designation of an 
organization which has a board meeting the requirements of 
section 675(c)(3) or a political subdivision of the State to serve 
the new area shall qualify such organization as an eligible 
entity under this Act.'. 
(b) Section 673(2) of the Act is amended by inserting at the end 
42 USC 9902. 
thereof the following new sentence: "Whenever the State deter-
mines that it serves the objectives of the block grant established by 
this subtitle the State may revise the poverty line to not to exceed 
125 percent of the official poverty line otherwise applicable under 
this paragraph.". 
APPLICATIONS AND REQUIREMENTS 
SEC. 203. (a)(1) Section 675(c)(2)(A)(i) of the Act is amended by 
42 use 9904. 
striking "1982 only" and inserting in lieu thereof "1985 and for each 
subsequent fiscal year". 
(2) Section 675(c)(2)(A)(i) of the Act is amended by inserting before 
the semicolon a comma and the following: "except that no more 
than 7 percent of the funds available for this subclause shall be 
granted to organizations which were not eligible entities during the 
previous fiscal year". 
(3) Section 675(c)(2)(A) of the Act is amended— 
(A) by striking out "(i)"; and 
(B) by striking out division (ii). 
(4) Section 675(c)(2)(B) of the Act is amended by inserting after 
"than" the following: "the greater of $55,000 or". 
(5) Section 675(c)(5) of the Act is amended— 
(A) by striking out "or the energy" and inserting in lieu 
thereof "the energy", and 
(B) by inserting ", or the Temporary Emergency Food Assist-
ance Act of 1983' before the semicolon. 
(b) Section 675 of the Act is amended— 
(1) by striking out "and" at the end of clause (9); 
(2) by striking out the period at the end of clause (10) and 
inserting in lieu thereof a semicolon and the word "and"; and 
(3) by adding at the end thereof the following new clause: 
"(11) provide assurances that any community action agency 
or migrant and seasonal farmworker organization which 
received funding in the previous fiscal year under this Act will 
not have its present or future funding terminated under this 
Act unless after notice, and opportunity for hearing on the 
record, the State determines that cause existed for such termi-
nation subject to review by the Secretary as provided in section 
676A.". 
Post, p. 2286. 
(c) Section 675 is amended by adding at the end thereof the 
following new subsection: 
"(i)(l) For purposes of determining compliance with this subchap-
ter the Secretary shall conduct, in several States in each fiscal year, 
evaluations of the uses made of funds received under this subchap-
ter by such States. 
"(2) The results of such evaluations shall be submitted annually to 
the chairman of the Committee on Education and Labor of the 
House of Representatives and the chairman of the Committee on 
Labor and Human Resources of the Senate.". 
(d) The Act is amended by inserting after section 676 the following 
new section: 
3 1 - 1 9 4 0 - 
86 - 
17 
: QL 3 
P a r t 3 
98 STAT. 2886 
PUBLIC LAW 98-558—OCT. 30, 1984 
TERMINATION OF FUNDING REVIEW 
42 use 9905a. 
"SEC. 676A. The Secretary shall upon request review any termina-
tion of funding to a community action agency or migrant and 
seasonal farmworker organization protected by a State's assurance 
under section 675(c)(ll). Such review shall be conducted promptly 
and shall be based upon the record and no determination shall 
become effective until a finding by the Secretary confirming the 
State's finding of cause.". 
DISCRETIONARY PROGRAM 
42 use 9910. 
SEC. 204. (a)(1) The matter preceding clause (1) of section 681(a) of 
the Act is amended by striking out "public and other organizations 
and agencies" both times it appears and inserting in lieu thereof 
"public agencies and private nonprofit organizations". 
(2) Section 681(a) of the Act is amended— 
(A) by striking out "and" at the end of clause (1); 
(B) by striking out the period at the end of clause (2) and 
inserting in lieu thereof a semicolon and the word "and"; and 
(C) by adding at the end thereof the following new clause: 
"(3) training and technical assistance to aid States in carrying 
out their responsibilities under this subchapter.", 
(b) Section 681(a) of the Act is amended by adding at the end 
thereof the following new flush sentence: "In addition, grants, loans, 
and guarantees made pursuant to this subsection may be made to a 
private nonprofit organization applying jointly with a business 
concern.". 
WITHHOLDING 
42 use 9908. 
SEC. 205. (a) Section 679(b) of the Act is amended— 
(1) in paragraph (2) by striking out "he" and inserting in lieu 
thereof the Secretary", and 
(2) in paragraph (3) by striking out "may" and inserting in 
lieu thereof "shall". 
(b) Section 679 of the Act is amended by striking out subsection 
42 u s e 9910a. 
Appropriation 
authorization. 
(d). 
COMMUNITY FOOD AND NUTRITION PROGRAM 
SEC. 206. The Act is amended by inserting after section 681 the 
following new section: 
"COMMUNITY FOOD AND NUTRITION 
"SEC. 681A. (a) The Secretary may through grants to public and 
private nonprofit agencies, provide for community-beised, local, and 
statewide programs— 
"(1) to coordinate existing private and public food assistance 
resources, whenever such coordination is determined to be inad-
equate, to better serve low-income populations; 
"(2) to assist low-income communities to identify potential 
sponsors of child nutrition programs and to initiate new pro-
grams in underserved or unserved areas; and 
"(3) to develop innovative approaches at the State and local 
level to meet the nutrition needs of low-income people. 
"(b) There is authorized to be appropriated $2,500,000 for each of 
the fiscal years 1985 and 1986 to carry out the provisions of this 
section.". 
PUBLIC LAW 98-558—OCT. 30, 1984 
98 STAT. 2887 
CONSTRUCTION 
SEC. 207. Notwithstanding any other provision of law the provi-
sions of section 675(cX2) of the Act made by the amendments con-
tained in paragraphs (1), (2), and (3) of section 203 of this Act shall 
apply to the funds appropriated for the Act for fiscal yeeir 1985. 
TITLE III—FOLLOW THROUGH 
AUTHORIZATION OF APPROPRIATIONS 
SEC. 301. Section 663(aXl) of the Follow Through Act is amended 
to read as follows: 
"(1) There is authorized to be appropriated for carrying out the 
purposes of this subchapter $10,000,000 for the fiscal year 1985 and 
$7,500,000 for the fiscal year 1986.". 
REPEALER 
SEC, 302. Section 670 of the Follow Through Act is amended by 
striking out "1984" and inserting in lieu thereof "1986". 
TITLE IV—WEATHERIZATION PROGRAM 
STATE ELECTION OF UHEAP INCOME EUGIBILTTY LEVEL 
SEC. 401. Section 412(7) of the Energy Conservation in Existing 
Buildings Act of 1976 (42 U.S.C. 6862(7)) is amended by striking out 
"or" before the beginning of clause (B), by striking out the period at 
the end of the paragraph and inserting in lieu thereof a comma, and 
by adding at the end of the paragraph "or (C) if a State elects, is the 
basis for eligibility for assistance under the Low-Income Home 
Energy Assistance Act of 1981 (42 U.S.C. 8621), provided that such 
basis is at least 125 percent of the poverty level determined in 
accordance with criteria established by the Director of the Office of 
Management and Budget.". 
N E W TECHNOLOGY A N D ELIMINATION OF A RULEMAKING REQUIREMENT 
SEC. 402. Section 412(9) of the Energy Conservation in Existing 
Buildings Act of 1976 (42 U.S.C. 6862(9)) is amended by— 
(1) amending paragraph (B) to read as follows: 
"(B) furnace efficiency modifications, including, but not 
limited to— 
"(i) replacement burners, furnaces, or boilers or any 
combination thereof; 
"(ii) devices for minimizing energy loss through heat-
ing system, chimney, or venting devices; and 
'(iii) electrical or mechanical furnace ignition sys-
tems which replace standing gas pilot lights;"; and 
(2) striking out "by rule" in paragraph (G). 
MAXIMUM EXPENSES 
SEC. 403. Section 415 of the Energy (]!onservation in Existing 
Buildings Act of 1976 (42 U.S.C. 6865) is amended— 
(1) by striking out the first sentence in subsection (a) and 
inserting in lieu thereof: "An average of at least forty percent of 
the funds provided in a State under this part for weatherization 
42 u s e 9904 
note. 
Ante, p. 2885. 
42 u s e 9862. 
42 u s e 9861 
note. 
Energy. 
98 STAT. 2888 
PUBLIC LAW 98-558—OCT. 30, 1984 
materials, labor, and related matters described in subsection (c) 
shall be spent for weath'erization materials."; and 
(2) by amending subsection (c) to read as follows: 
"(cXD The expenditure of financial assistance provided under this 
part for labor, weatherization materials, and related matters shall 
not exceed an average of $1,600 per dwelling unit weatherized in 
that State. Labor, weatherization materials, and related matter 
includes, but is not limited to— 
"(A) the appropriate portion of the cost of tools and equip-
ment used to install weatherization materials for a dwelling 
unit; 
"(B) the cost of transporting labor, tools, and materials to a 
dwelling unit; 
"(C) the cost of having onsite supervisory personnel; and 
"(D) the cost of making incidental repairs to a dwelling unit if 
such repairs are necessary to make the installation of weather-
ization materials effective. 
"(2) Dwelling units partially weatherized under this part or under 
other Federal programs during the period September 30, 1975, 
through September 30, 1979, may receive further financial assist-
ance for weatherization under this part.". 
PERFORMANCE FUND 
SEC. 404. Section 415 of the Energy Conservation in Existing 
42 use 6865. 
Buildings Act of 1976 (42 U.S.C. 6862) is amended by adding at the 
end thereof the following new subsection: 
"(d) Beginning in fiscal year 1986, not less than 5 percent and no 
more than 15 percent of the amount appropriated under this part 
for each fiscal year shall be allotted by the Secretary to a perform-
ance fund, which shall be available only to provide financial assist-
ance under this part to those States which the Secretary determines 
to have demonstrated the best performance during the previous 
fiscal year in providing weatherization assistance. The Secretary 
shall make such determination on the basis of such information as 
may be available to the Secretary, to include, but not be limited to, 
the percentage of eligible dwelling units within the State which 
have been weatherized using low-income weatherization assistance 
program funds during the relevant reporting period. In assessing 
the quality of the weatherization assistance provided, the Secretary 
shall consider comparable energy savings data supplied by the 
States.". 
TITLE V—HIGHER EDUCATION AND RESEARCH PROJECT 
CENTER 
FOR 
EXCELLENCE 
IN 
EDUCATION 
AUTHORIZED 
Indiana 
SEC. 501. (a) The Secretary of Education (hereinafter in this 
University. 
section referred to as the "Secretary") is authorized in accordance 
with the provisions of this title, to provide financial assistance to 
Indiana University located in Bloomington, Indiana, to pay the 
Federal share of the cost of the construction, and related costs, 
including renovation costs, for the Center for Excellence in Educa-
tion facility at Indiana University, to be used as a national research 
and training resource for individuals who intend to become exem-
plary elementary and secondary school teachers and administrators. 
PUBLIC LAW 98-558—OCT. 30, 1984 
98 STAT. 2889 
(b)(1) No financial assistance may be made under this title unless 
an application is made at such time, in such manner, and containing 
or accompanied by such information as the Secretary may reason-
ably require. 
(2) For the purpose of this section, the Federal share of the cost of 
the Center for Excellence in Education facility at the Indiana 
University should not exceed 50 percent. 
(c) There are authorized to be appropriated such sums, not to 
exceed $6,000,000, as may be necessary to carry out the provisions of 
this section. Funds appropriated pursuant to this title shall remain 
available until September 30,1987. 
Appropriation 
authorization. 
RESEARCH CENTERS 
SEC. 502. (a)(1) The Secretary of Health and Human Services 
(hereinafter in this section referred to as the "Secretary") is author-
ized, in accordance with the provisions of this section, to provide 
financial assistance to the University of Utah located in Salt Lake 
City, Utah, to pay the Federal share of the cost of the establishment 
and operation (including construction, and related costs, including 
renovation costs) of a center for research on the health effects of 
nuclear energy and other new energy technologies. 
(2)(A) No financial assistance may be made under this subsection 
unless an application is made at such time, in such manner, and 
containing or accompanied by such information as the Secretary 
may reasonably require. 
(B) For the purpose of this subsection, the Federal share of the 
cost of the center shall not exceed 50 percent. 
(3) There are authorized to be appropriated such sums, not to 
exceed $4,000,000, as may be necessary to carry out the provisions of 
this subsection. Funds appropriated pursuant to this subsection 
shall remain available until September 30,1987. 
Ot>Xl) The Secretary shall, through the National Cancer Institute, 
establish or support at least one clinic or health facility for cancer 
screening and research in St. George, Utah. Such clinic shall be 
affiliated with a health science center capable of providing clinical, 
research, and interdisciplinary technical eissistance to such clinic or 
facility, and shall make its services accessible to the preponderance 
of the residents of the areas that have received the greatest fallout 
from the Nevada nuclear tests. 
(2) There are authorized to be appropriated such sums, not to 
exceed $6,000,000, as may be necessary to carry out the provisions of 
this subsection. Funds appropriated pursuant to this subsection 
shall remain available until September 30,1987. 
Health. 
Energy. 
University of 
Utah. 
Appropriation 
authorization. 
St. George, Utah, 
cancer screening 
center. 
Appropriation 
authorization. 
TITLE VI—LOW-INCOME HOME ENERGY ASSISTANCE 
AUTHORIZATION OF APPROPRIATIONS 
SEC. 601. Section 2602(b) of the Low-Income Home Energy Assist-
ance Act of 1981 (hereinafter in this title referred to as the "Act") is 
amended to read as follows: 
"(b) There is authorized to be appropriated to carry out the 
provisions of this title $2,140,000,000 for the fiscal year 1985, and 
$2,275,000,000 for the fiscal year 1986.". 
42 u s e 8621. 
98 STAT. 2890 
PUBLIC LAW 98-558—OCT. 30, 1984 
DEFINITION 
42 use 8622. 
SEC. 602. (a) Section 2603(1) of the Act is amended— 
(1) by striking out "intervention"; and 
(2) by inserting before the period "and other household 
energy-related emergencies". 
(b) Section 2603(4) of the Act is amended to read as follows: 
"(4) The term 'poverty level' means, with respect to a house-
hold in any State, the income poverty line as prescribed and 
revised at least annually pursuant to section 673(2) of the 
Ante, p. 2885. 
Community Services Block Grant Act, as applicable to such 
State.". 
ENERGY CRISIS INTERVENTION 
42 use 8623. 
SEC. 603. (a) Section 2604(c) of the Act is amended— 
(1) by inserting after "reserved" the following: "until March 
15 of each program year"; and 
(2) by adding at the end thereof the following new sentence: 
"The program for which funds are reserved by this subsection 
shall be administered by public or nonprofit entities which have 
experience in administering energy crisis programs under the 
Low-Income Energy Assistance Act of 1980, or under this Act, 
experience in assisting low-income individuals in the area to be 
served, and the capacity to undertake a timely and effective 
energy crisis intervention program.". 
0)) Section 2604(d)(1) of the Act is amended by striking out "other-
wise be paid" and inserting in lieu thereof "otherwise be payable". 
(c) Section 2604(e) of the Act is repealed. 
(d) Section 2604(f) of the Act is amended by striking out "its 
allotment" and inserting in lieu thereof "the funds payable to it". 
STATE ALLOTMENTS 
42 use 8623. 
SEC. 604. (a) Section 2604(a)(2) is amended to read as follows: 
"(2) For purposes of paragraph (1), for fiscal year 1985 and there-
after, a State's allotment percentage is the percentage which expendi-
tures for home energy by low-income households in that State bears 
to such expenditures in all States, except that States which thereby 
receive the greatest proportional increase in allotments by reason of 
the application of this paragraph from the amount they received 
97 Stat. 871. 
pursuant to Public Law 98-139 shall have their allotments reduced 
to the extent necessary to ensure that— 
"(A)(i) no State for fiscal year 1985 shall receive less than the 
amount of funds the State received in fiscal year 1984; and 
"(ii) no State for fiscal year 1986 and thereafter shall receive 
less than the amount of funds the State would have received in 
fiscal year 1984 if the appropriations for this title for fiscal year 
1984 had been $1,975,000,000, and 
"(B) any State whose allotment percentage out of funds avail-
able to States from a total appropriation of $2,250,000,000 would 
be less than 1 percent, shall not, in any year when total 
appropriations equal or exceed $2,250,000,000, have its allot-
ment percentage reduced from the percentage it would receive 
from a total appropriation of $2,140,000,000.". 
(h) Section 2604(a) is amended by adding at the end thereof the 
following new paragraph: 
PUBLIC LAW 98-558—OCT. 30, 1984 
98 STAT. 2891 
"(4) For the purpose of this section, the Secretary shall determine 
the expenditure for home energy by low-income households on 
the basis of the most recent satisfactory data available to the 
Secretary.". 
APPLICATIONS AND REQUIREMENTS 
SEC. 605. (aXD Section 260503)(1) of the Act is amended by striking 
42 use 8624. 
out "subsection" and inserting in lieu thereof "section". 
(2) Subclause (B) of section 260503)(2) of the Act is amended by 
inserting after the semicolon and flush to the margin of subclause 
(B) the following: "except that no household may be excluded from 
eligibility under this subclause for payments under this title for 
fiscal year 1986 and thereafter if the household has an income which 
is less than 110 percent of the poverty level for such State for such 
fiscal year". 
(3) Section 26050t)X5) is amended by inserting before the semicolon 
a comma and the following: "except that the State may not differen-
tiate in implementing this section between the households described 
in clause (2XA) and (2XB) of this subsection". 
(4) Section 2605(bX7XC) is amended by striking out "any differ-
ently" and inserting in lieu thereof "adversely". 
(5) Section 26050t)X8) of the Act is amended by inserting after 
"that" the following: "(A) the State will not exclude households 
described in clause (2XB) of this subsection from receiving home 
energy assistance benefits under clause (2), and (B)". 
(6) Section 26050t)X9XA) of the Act is amended to read as follows: 
"(A) the State may use for planning and administering 
the use of funds under this title an amount not to exceed 10 
percent of the funds payable to such State under this title 
for a fiscal year and not transferred pursusmt to section 
2604(f) for use under another block grant; and". 
42 use 8623. 
(7) Section 26050^X10) of the Act is amended by striking out "every 
year" and inserting in lieu thereof "every two years". 
(8) Section 26050)) of the Act is amended— 
(A) by striking out "and" at the end of clause (12); 
(B) by striking out the period at the end of clause (13) and 
inserting in lieu thereof a semicolon; and 
(C) by adding at the end thereof the following new clauses: 
"(14) describe the procedures by which households in the 
State are identified as eligible to participate under this title and 
the manner in which the State determines benefit levels; 
"(15) describe the amount that the State will reserve in 
accordance with section 2604(c) in each fiscal year for energy 
Ante, p. 2890. 
crisis intervention activities together with the administrative 
procedures (A) for designating an emergency, (B) for determin-
ing the assistance to be provided in any such emergency, and (C) 
for the use of funds reserved under such section for the purposes 
under this title in the event any portion of the amount so 
reserved is not expended for emergencies. 
"(16) describe energy usage and the average cost of home 
energy in the State, identified by tjrpe of fuel and by region of 
the State; and 
"(17) cooperate with the Secretary with respect to data collect-
ing and reporting under section 2610.". 
42 use 8629. 
(9) Section 2605(b) is amended by adding at the end thereof the 
Regulations. 
following new sentence: "The Secretary shall issue regulations to 
98 STAT. 2892 
PUBLIC LAW 98-558—OCT. 30, 1984 
?
irevent waste, fraud, and abuse in the programs assisted by this 
itle.". 
42 use 8624. 
(b)(1) Section 2605(c)(1) of the Act is amended to read as follows: 
"(c)(1) As part of the annual application required in subsection (a), 
the chief executive officer of each State shall prepare and furnish to 
the Secretary, in such format as the Secretary may require, a plan 
which— 
"(A) describes how the State will carry out the assurances 
required under subsection (b); 
"(B) contains estimates of the amount of funds the State will 
use for each of the programs under such plan; 
"(C) describes the eligibility requirements to be used by the 
State for each type of assistance to be provided under this title; 
"(D) describes weatherization and other energy-related home 
repair the State will provide under subsection (k); and 
'(E) contains any other information determined by the Secre-
tary to be appropriate for purposes of this title. 
The chief executive officer may revise any plan prepared under this 
paragraph and shall furnish the revised plan to the Secretary.". 
(2) Section 2605(c)(2) of the Act is amended— 
(A) by inserting "and each substantial revision thereof after 
"Each plan prepared under paragraph (1)", and 
(B) by striking out the period at the end thereof and inserting 
in lieu thereof "or substantial revision.". 
(c) Section 2605(d) of the Act is amended to read as follows: 
"(d) The State shall expend funds in accordance with the State 
plan under this title or in accordance with revisions applicable to 
such plan.". 
(d) Section 2605(e) of the Act is amended to read as follows: 
Audits. 
"(e) Each State shall, in carrying out the requirements of subsec-
tion (b)(10), obtain financial and compliance audits of any funds 
which the State receives under this title. Such audits shall be made 
public within the State on a timely basis. The audits shall be 
conducted at least every two years by an organization or person 
independent of any agency administering activities under this title. 
The audits shall be conducted in accordance with the Comptroller 
General's standards for audit of governmental organizations, pro-
grams, activities, and functions. Within 30 days after completion of 
each audit, the chief executive officer of the State shall submit 
a copy of the audit to the legislature of the State and to the 
Secretary.". 
(e) Section 2605(f) of the Act is amended by inserting before the 
comma the first time it appears the following: "unless enacted in 
express limitation of this paragraph". 
(f) Section 2605(h) of the Act is amended by inserting "Obut not less 
frequently than every three years)" after "time" the second place it 
appears. 
PAYMENTS TO STATES 
SEC. 606. (aXD The second sentence of section 2607(b)(2)(A) of the 
42 use 8626. 
Act is amended by inserting "or the amount payable to" after "of. 
(2) Section 2607(b)(2)(A) of the Act is amended by inserting after 
the first sentence thereof the following: "Such request shall include 
a statement of the reasons that the amount allotted to such State for 
a fiscal year will not be used by such State during such fiscal year 
and a description of the types of assistance to be provided with the 
amount held available for the following fiscal year.'. 
PUBLIC LAW 98-558—OCT. 30, 1984 
98 STAT. 2893 
(bXlXA) The first sentence of section 2607(b)(2)(B) of the Act is 
42 use 8626. 
amended by striking out "25 percent" and inserting in lieu thereof 
"15 percent". 
(B) The first sentence of section 2607(b)(2)(B) of the Act is further 
amended by striking out "allotted to such State for such prior fiscal 
year" and inserting in lieu thereof "payable to such State for such 
prior fiscal year and not transferred pursuant to section 2604(f)". 
(2) The second sentence of section 26070t))(2)(B) of the Act is 
amended by striking out "allotted to a State" and inserting in lieu 
thereof "payable to a State but not transferred by the State". 
(c) Section 2607(b)(2) of the Act is amended by adding at the end 
thereof the following new subparagraph: 
"(C) The Secretary shall reallot amounts made available under 
this paragraph for the fiscal year following the fiscal year of 
the original allotment in accordance with paragraph (1) of this 
subsection.". 
STUDIES 
SEC. 607. (a) Section 2610(a)(2) of the Act is amended— 
42 use 8629. 
(1) by inserting "amount," before "cost"; and 
(2) by adding at the end thereof the following: "for households 
eligible for assistance under this title". 
(b) Section 2610(a) of the Act is amended by— 
(1) striking out "and" at the end of clause (4); 
(2) redesignating clause (5) as clause (6); and 
(3) inserting after clause (4) the following new clause: 
"(5) the number of households which received such assistance 
and include one or more individuals who are 60 years or older or 
handicapped; and". 
(c) Section 2610(a) of the Act is amended by adding at the end 
thereof the following new flush sentence: "Nothing in this subsec-
tion may be construed to require the Secretary to collect data which 
has been collected and made available to the Secretary by any other 
agency of the Federal Government." 
(d) Section 2610(b) of the Act is amended to read as follows: 
"(b) The Secretary shall, no later than June 30 of each fiscal year, 
Report. 
submit a report to the Congress containing a detailed compilation of 
the data under subsection (a) with respect to the prior fiscal year.". 
TECHNICAL AMENDMENT 
SEC. 608. Section 2608(b)(2) of the Act is amended by striking out 
42 use 8627. 
"he" and inserting in lieu thereof "the Secretary". 
EFFECTIVE DATES 
SEC. 609. (a) Except as provided in subsections (b), (c), and (d), the 
42 use 8621 
amendments made by this title shall take effect on the date of 
"o^e. 
enactment of this Act. 
(b) The amendments made by section 605 shall take effect on the 
first day of the first fiscal year beginning after the date of the 
enactment of this Act. 
(c) The amendments made by section 606 shall apply to amounts 
held available for fiscal years beginning after September 30, 1985. 
(d) The amendment made by section 607 shall apply to data 
collected and compiled after the date of the enactment of this Act. 
Section 2610 of the Act as in effect before the date of the enactment 
42 use 8629. 
98 STAT. 2894 
PUBLIC LAW 98-558—OCT. 30, 1984 
of this Act shall apply with respect to the report submitted under 
42 use 8629. 
such section 2610 for fiscal year 1984. 
TITLE VII—POSTSECONDARY EDUCATION SCHOLARSHIP 
PROGRAM 
AMENDMENT TO TITLE V OF THE HIGHER EDUCATION ACT OF 1965 
SEC. 701. Title V of the Higher Education Act of 1965 is amended 
by inserting after part D the following new parts E and F: 
"PART E—CARL D. PERKINS SCHOLARSHIP PROGRAM 
"DECLARATION OF PURPOSE; AUTHORIZATION OF APPROPRIATIONS 
20 use iii9d. 
"SEC. 561. (a) It is the purpose of this part to make available, 
through grants to the States, scholarships during fiscal years 1986 
through 1990 to a maximum of ten thousand individuals who are 
outstanding high school graduates and who demonstrate an interest 
in teaching, in order to enable and encourage those individuals to 
pursue teaching careers in education at the elementary or second-
ary level. Such scholarships shall be referred to as 'Carl D. Perkins 
Scholarships'. 
"(b) There are authorized to be appropriated $20,000,000 for fiscal 
year 1986, $21,000,000 for fiscal year 1987, $22,000,000 for fiscal year 
1988, and $23,000,000 for fiscal year 1989, for Carl D. Perkins 
Scholarships to eligible students under this part. 
"ALLOCATION AMONG STATES 
20 use iii9d-i. 
"SEC. 562. (a) From the sums appropriated pursuant to section 561 
for any fiscal year, the Secretary shall allocate to any State an 
amount which bears as nearly as possible the same ratio to such 
sums as the number of persons in that State bears to the number of 
persons in all States. 
"(b) For the purpose of this section, the number of persons in a 
State and in all States shall be determined by the most recently 
available data from the United States Census Bureau. 
"GRANT APPLICATIONS 
20 use iii9d-2. 
"SEC. 563. (a) The Secretary is authorized to make grants to States 
in accordance with the provisions of this part. In order to receive a 
grant under this part, a State shall submit an application at such 
time or times, in such manner, and containing such information as 
the Secretary may prescribe by regulation. Such application shall 
set forth a program of activities for carrying out the purposes set 
forth in section 561(a) in such detail as will enable the Secretary to 
determine the degree to which such program will accomplish such 
purposes and such other policies, procedures, and assurances as the 
Secretary may require by regulation. 
"(b) The Secretary shall approve an application only if the 
application— 
"(1) describes the selection criteria and procedures to be used 
by the State in the selection of scholarships under this part 
which satisfy the provisions of this part; 
"(2) designates the State agency which administers the pro-
20 use 1070c. 
gram under subpart 3 of part A of title IV, relating to State 
PUBLIC LAW 98-558—OCT. 30, 1984 
98 STAT. 2895 
student incentive grants, or the State agency with which the 
Secretary has an agreement under section 428(b); 
20 use 1078. 
"(3) describes the outreach effort the State agency intends to 
use to pubUcize the availabiUty of Carl D. Perkins Scholarships 
to high school students in the State; 
"(4) provides assurances that each recipient eligible under 
section 565(b) of this part who receives a Carl D. Perkins 
Scholarship shall enter into an agreement with the State 
agency under which the recipient shall— 
"(A) within the ten-year period after completing the post-
secondary education for which the Carl D. Perkins Scholar-
ship was awarded, teach, for a period of not less than two 
years for each year for which assistance was received, in a 
public elementary or secondary school in any State, in a 
public education program in any State, or in a private 
nonprofit school located and serving students in a district 
eligible for assistance pursuant to chapter 1 of the Educa-
tion Consolidation and Improvement Act of 1981, or, on a 
20 USC 3801. 
full-time basis, handicapped children or children with 
limited English proficiency in a private nonprofit school, 
except that, in the case of individuals who teach in a school 
serving large numbers or high concentrations of economi-
cally disadvantaged students, or who teach children with 
limited English proficiency or handicapped children, the 
requirements of this subparagraph shall be reduced by one-
half; 
"(B) provide the State agency evidence of compliance 
with section 566 of this part as required by the State 
agency; and 
"(C) repay all or part of a Carl D. Perkins Scholarship 
received under section 564 of this part plus interest and, if 
applicable, reasonable collection fees, in compliance with 
regulations issued by the Secretary under section 567 of 
this part, in the event that the conditions of clause (A) are 
not complied with, except as provided for in section 568 of 
this part; 
"(5) provides that the agreement entered into with recipients 
shall fully disclose the terms and conditions under which assist-
ance under this part is provided and under which repayment 
may be required. Such disclosure shall include— 
"(A) a description of the procedures required to be estab-
lished under paragraph (6); and 
"(B) a description of the appeals procedures required to 
be established under paragraph (7) under which a recipient 
may appeal a determination of noncompliance with any 
provision under this part; 
"(6) provides for procedures under which a recipient of assist-
ance received under this part who teaches for less than the 
period required under paragraph (4XA) will have the repayment 
requirements reduced or eliminated consistent with the provi-
sions of sections 567 and 568 of this part; 
"(7) provides for appeals procedures under which a recipient 
may appeal any determination of noncompliance with any pro-
vision under this part; 
"(8) provides assurances that the State agency shall make 
particular efforts to attract students from low-income back-
grounds or who express a willingness or desire to teach in 
98 STAT. 2896 
PUBLIC LAW 98-558—OCT. 30, 1984 
schools having less than average academic results or serving 
large numbers of economically disadvantaged students; and 
"(9) provides assurances that Carl D. Perkins Scholarships 
will be awarded without regard to sex, race, handicapping 
condition, creed, or economic background. 
"(c) The selection criteria and procedures to be used by the State 
shall reflect the present and projected teacher needs of the State, 
including the demand for and supply of elementary teachers in the 
State, the demand for and supply of secondary teachers in the State, 
and the demand for teachers with training in specific academic 
disciplines in the State. 
"(d) In developing the selection criteria and procedures to be used 
by the State, the State shall solicit the views of State and local 
educational agencies, private educational institutions, and other 
interested parties. Such views— 
"(1) shall be solicited by means of (A) written comments; and 
(B) publication of proposed selection criteria and procedures in 
final form for implementation; and 
"(2) may be solicited by means of (A) public hearings on the 
teaching needs of elementary and secondary schools in the State 
(including the number of new teachers needed, the expected 
supply of new teachers, and the shortages in the State of 
teachers with training in specific academic disciplines); or (B) 
such other methods as the State may determine to be appropri-
ate to gather information on such needs. 
AMOUNT AND DURATION OF AND RELATION TO OTHER ASSISTANCE 
20 use iii9d-3. 
"SEC. 564. (a) Subject to subsection (c), each Carl D. Perkins 
Scholar shall receive a $5,000 scholarship for each academic year of 
postsecondary education for study in preparation to become an 
Prohibition. 
elementary or secondary teacher. No individual shall receive schol-
arship assistance for more than four years of postsecondary educa-
tion, as determined by the State agency. 
20 use 1070. 
"(b) Notwithstanding the provisions of title IV of this Act, scholar-
ship funds awarded pursuant to this part shall be considered in 
determining eligibility for student assistance under title IV of this 
Act. 
"(c) Carl D. Perkins Scholarship assistance awarded by the state-
wide panel established pursuant to section 565 to any individual in 
any given year, when added to assistance received under title IV of 
this Act, shall not exceed the cost of attendance, as defined under 
20 use 1089. 
section 482(d), at the institution the individual is attending. If the 
amount of the Carl D. Perkins Scholarship assistance and assistance 
received under title IV of this Act, exceeds the cost of attendance, 
the Carl D. Perkins Scholarship shall be reduced by an amount 
equal to the amount by which the combined awards exceed the cost 
of attendance. 
Prohibition. 
"(d) No individual shall receive an award under the Carl D. 
Perkins Scholarship established under this part, in any academic 
year, which shall exceed the cost of attendance, as defined under 
section 482(d), at the institution the individual is attending. 
"SELECTION OF CARL D. PERKINS SCHOLARS 
20 use lll9d-4. 
"SEC. 565. (a) Carl D. Perkins Scholars shall be selected by a seven-
member statewide panel appointed by the chief State elected offi-
PUBLIC LAW 98-558—OCT. 30, 1984 
98 STAT. 2897 
cial, acting in consultation with the State educational agency, or by 
an existing grant agency or pginel designated by the chief State 
elected official and approved by the Secretary of Education. The 
statewide panel shall be representative of school administrators, 
teachers, and parents. 
"(b) Selections of Carl D. Perkins Scholars shall be made from 
students who have graduated or who are graduating from high 
school and who rank in the top 10 per centum of their graduating 
class. The State educational agency shall make applications avail-
able to high schools in the State and in other locations convenient to 
applicants, parents, and others. The statewide panel shall develop 
criteria and procedures for the selection of Carl D. Perkins Scholars. 
Such criteria may include the applicant's high school grade point 
average, involvement in extracurricular activities, financial need, 
and expression of interest in teaching as expressed in an essay 
written by the applicant. The panel may also require the applicant 
to furnish letters of recommendation from teachers and others. 
SCHOLARSHIP CONDITIONS 
"SEC. 566. Recipients of scholarship assistance under this part 
shall continue to receive such scholarship pajrments only during 
such periods that the State agency finds that the recipient is (A) 
enrolled as a full-time student in an accredited postsecondary insti-
tution; (B) pursuing a course of study leading to teacher certifica-
tion; and (C) maintaining satisfactory progress as determined by the 
postsecondary institution the recipient is attending. 
20 u s e 1119d-5. 
SCHOLARSHIP REPAYMENT PROVISIONS 
"SEC. 567. Recipients found by the State agency to be in noncom-
pliance with the agreement entered into under section 5630)X4) of 
this part shall be required to repay a pro rata amount of the 
scholarship awards received, plus interest and, where applicable, 
reasonable collection fees, on a schedule and at a rate of interest to 
be prescribed by the Secretary by regulations issued pursuant to this 
part. 
"EXCEPTIONS TO REPAYMENT PROVISIONS 
"SEC. 568. (a) A recipient shall not be considered in violation of the 
agreement entered into pursuant to section 5630t)X4XC) if the recipi-
ent (1) returns to a full-time course of study related to the field of 
teaching at an eligible institution; (2) is serving, not in excess of 
three years, as a member of the armed services of the United States; 
(3) is temporarily totally disabled for a period of time not to exceed 
three years as established by sworn affidavit of a qualified physi-
cian; (4) is unable to secure emplojrment for a period not to exceed 
twelve months by reason of the care required by a spouse who is 
disabled; (5) is seeking and unable to find full-time employment for a 
single period not to exceed twelve months; (6) is seeking and unable 
to find full-time employment as a teacher in a public elementary or 
secondary school or a public education program; or (7) satisfies the 
provisions of additional repayment exceptions that may be pre-
scribed by the Secretary in regulations issued pursuant to this part. 
"0)) A recipient shall be excused from repayment of any scholar-
ship assistance received under this part if the recipient becomes 
20 u s e 1119d-6. 
20 u s e 1119d-7. 
98 STAT. 2898 
PUBLIC LAW 98-558—OCT. 30, 1984 
permanently totally disabled as established by sworn affidavit of a 
qualified physician. 
"FEDERAL ADMINISTRATION OF STATE PROGRAMS; JUDICIAL REVIEW 
20 use lll9d-8. 
"SEC. 569. (a) The Secretary shall not finally disapprove any 
application for a State program submitted under section 563, or any 
modification thereof, without first affording the State agency 
submitting the program reasonable notice and opportunity for a 
hearing. 
"(b) Whenever the Secretary, after reasonable notice and opportu-
nity for hearing to the State agency administering a State program 
approved under this part, finds— 
"(1) that the State program has been so changed that it no 
longer complies with the provisions of this part, or 
"(2) that in the administration of the program there is a 
failure to comply substantially with any such provisions, 
the Secretary shall notify such State agency that the State will not 
be regarded as eligible to participate in the program under this part 
until the Secretary is satisfied that there is no longer any such 
failure to comply. 
"(c)(1) If any State is dissatisfied with the Secretary's final action 
under subsection (b) (1) or (2), such State may appeal to the United 
States court of appeals for the circuit in which such State is located. 
The summons and notice of appeal may be served at any place in the 
United States. The Secretary shall forthwith certify and file in 
the court the transcript of the proceedings and the record on which 
the action was based. 
"(2) The findings of fact by the Secretary, if supported by substan-
tial evidence, shall be conclusive; but the court, for good cause 
shown, may remand the case to the Secretary to take further 
evidence, and the Secretary may thereupon make new or modified 
findings of fact and may modify any previous action, and shall 
certify to the court the transcript and record of further proceedings. 
Such new or modified findings of fact shall likewise be conclusive if 
supported by substantial evidence. 
"(3) The court shall have jurisdiction to affirm the action of the 
Secretary or to set it aside, in whole or in part. The judgment of the 
court shall be subject to review by the Supreme Court of the United 
States upon certiorari or certification as provided in section 1254 of 
title 28, United States Code. 
"PART F—NATIONAL TALENTED TEACHER FELLOWSHIP PROGRAM 
"DECLARATION OF PURPOSE 
20 use iii9e. 
"SEC. 571. It is the purpose of this part to establish a national 
fellowship program for outstanding teachers. 
AUTHORIZATION OF APPROPRIATIONS; ALLOCATION AMONG STATES 
20 use lll9e-i. 
"SEC. 572. There are authorized to be appropriated $1,000,000 for 
fiscal year 1986, $2,000,000 for fiscal year 1987, $3,000,000 for fiscal 
year 1988, and $4,000,000 for fiscal year 1989, for fellowships to 
outstanding teachers under this part. Not more than V-k per centum 
of these funds shall be used for purposes of administering this part. 
PUBLIC LAW 98-558—OCT. 30, 1984 
98 STAT. 2899 
TALENTED TEACHER FELLOWSHIPS 
"SEC. 573. (a)(1) Except as provided under paragraph (3), sums 
20 use iil9e-2. 
available for the purpose of this part shall be used to award one 
national teacher fellowship to a public or private school teacher 
teaching in each congressional district of each State, and in the 
District of Columbia, and the Commonwealth of Puerto Rico; and 
one such fellowship in Guam, the Virgin Islands, American Samoa, 
the Northern Mariana Islands, and the Trust Territory of the 
Pacific Islands. 
"(2) Fellowship awards may not exceed the average national 
Prohibition. 
salary of public school teachers in the most recent year for which 
satisfactory data are available, as determined by the Secretary. 
Talented teacher fellows may not receive an award for two consecu-
tive years. Subject to the repayment provisions of section 576, 
talented teaclier fellows shall be required to return to a teaching 
position in their current school district or private school system for 
at least two years following the fellowship award. 
"(3) If the appropriation under section 572 is not sufficient to 
provide the number of fellowships required by paragraph (1) at the 
level required under paragraph (2), the Secretary shall determine 
and publish an alternative distribution of fellowships which will 
permit fellowship awards at that level and which is geographically 
equitable. The Secretary shall send a notice of such determination to 
each of the statewide panels established under section 574. 
"(b) Talented teacher fellows may use such awards for such 
projects for improving public education as the Secretary may ap-
prove, including (1) sabbaticals for study or research directly associ-
ated with the objectives of this part, or academic improvement; (2) 
consultation with or assistance to other school districts or private 
school systems; (3) development of special innovative programs; or 
(4) model teacher programs and staff development. 
"SELECTION OF TALENTED TEACHER FELLOWSHIPS 
"SEC. 574. Recipients of talented teacher fellowship in each State 
20 use iii9e-3. 
shall be selected (in accordance with section 575) by a seven-member 
statewide panel appointed by the chief State elected official, acting 
in consultation with the State educational agency, or by an existing 
panel designated by the chief State elected official and approved by 
the Secretary of Education. The statewide panel shall be representa-
tive of school administrators, teachers, parents, and institutions of 
higher education. 
EVALUATION OF APPUCATIONS 
"SEC. 575. (a) An applicant for talented teacher fellowship assist-
ance shall submit proposals for projects under section 573(b), and 
shall indicate the extent to which the applicant wishes to continue 
current teaching duties. The applicant shall submit such proposals 
to the local education agency for comment prior to submission to the 
statewide panel (appointed under section 574) for the State within 
which the project is to be conducted. In evaluating proposals, such 
statewide panel shall consult with the local education agency, 
requesting two recommendations from teaching peers; a recommen-
dation from the principal; and a recommendation of the superin-
tendent on the quality of the proposal and its benefit to the local 
education agency; and any other criteria for awarding fellowships as 
20 u s e 1119e-4. 
98 STAT. 2900 
PUBLIC LAW 98-558—OCT. 30, 1984 
is considered appropriate by such statewide panel. Selection of 
fellows shedl be made in accordance with regulations prescribed by 
the Secretary of Education. 
"(b) Announcement of awards shall be made in a public ceremony. 
"FELLOWSHIP REPAYMENT PROVISIONS 
20 use lli9e-5. 
"SEC. 576. Repayment of the award shall be made to the Federal 
Government in the case of fraud or gross noncompliance.". 
MATH SCIENCE TECHNICAL AMENDMENT 
Ante, p. 1301. 
SEC. 702. Section 711 of the Education for Economic Security Act 
is amended by striking out "(a)" and by striking out subsection (b) of 
such section. 
TITLE VIII—FEDERAL MERIT SCHOLARSHIPS 
20 u s e 1070d-31. 
20 u s e 1070d-32. 
20 u s e 2854. 
Grants. 
20 u s e 1070d-33. 
AMENDMENT TO THE HIGHER EDUCATION ACT OF 1965 
SEC. 801. (a) Part A of title IV of the Higher Education Act of 1965 
(hereafter in this title referred to as "the Act") is amended by 
redesignating subpart 6 as subpart 7 and by inserting £ifter subpart 
5 the following new subpart: 
"Subpart 6—Federal Merit Scholarships 
"STATEMENT OF PURPOSE 
"SEC. 419A. It is the purpose of this subpart to establish a Federal 
Merit Scholarship Program to promote student excellence and 
achievement and to recognize exceptionally able students who show 
promise of continued excellence. 
"DEFINITION 
"SEC. 419B. For the purpose of this subpart— 
"(1) the term 'secondary school' has the same meaning given 
that term under section 198(aX7) of the Elementary and Second-
ary EMucation Act of 1965; and 
"(2) the term 'State' means each of the several States, the 
District of Columbia, and the Commonwealth of Puerto Rico. 
"SCHOLARSHIPS AUTHORIZED 
"SEC. 419C. (a) The Secretary is authorized, in accordance with the 
provisions of this subpart, to make grants to States to enable the 
States to award scholarships to individuals who have demonstrated 
outst2mding academic achievement and who show promise of contin-
ued academic achievement. 
"(b) Scholarships under this section shall be awarded for a period 
of one academic year for the first year of study at an institution of 
higher education. 
"(c) A student awarded a scholarship under this subpart may 
attend any institution of higher education. 
PUBLIC LAW 98-558—OCT. 30, 1984 
98 STAT. 2901 
ALLOCATION AMONG STATES 
"SEC. 419D. From the sums appropriated pursuant to section 419K 
for any fiscal year, the Secretary shall allocate to each State having 
an agreement under section 419E— 
"(1) $1,500 multiplied by the number of individuals in the 
State eligible for merit scholarships pursuant to section 419G0t)), 
plus 
"(2) $10,000, plus 5 percent of the amount to which a State is 
eligible under clause (1) of this section. 
20 u s e 1070d-34. 
AGREEMENTS 
"SEC. 419E. The Secretary shall enter into an agreement with 
each State desiring to participate in the merit scholarship program 
authorized by this subpart. Each such agreement shall include 
provisions designed to assure that— 
"(1) the State educational agency will administer the merit 
scholarship program authorized by this subpart in the State; 
"(2) the State educational agency will comply with the eligi-
bility and selection provisions of this subpart; 
"(3) the State educational agency will conduct outreach activi-
ties to publicize the availability of Federal merit scholarships to 
all eligible students in the State, with particular emphasis on 
activities designed to assure that students from low-income and 
moderate-income families have access to the information on the 
opportunity for full participation in the merit scholarship pro-
gram authorized by this subpart; 
"(4) the State educational agency will pay to each individual 
in the State who is awarded a merit scholarship under this 
subpart $1,500 at an awards ceremony in accordance with sec-
tion 4191; and 
"(5) the State educational agency will use the amount of the 
allocation described in clause (2) of section 419D for administra-
tive expenses, including the conduct of the awards ceremony 
required by section 4191. 
20 u s e 1070d-35. 
ELIGIBIUTY OF MERIT SCHOLARS 
"SEC. 419F. (a) Each student awarded a scholarship under this 
subpart shall be a graduate of a public or private secondary school 
or have the equivalent of a certificate of graduation as recognized by 
the State in which the student resides and must have been admitted 
for enrollment at an institution of higher education. 
"(b) Each student awarded a scholarship under this subpart must 
demonstrate outstanding academic achievement and show promise 
of continued academic achievement. 
20 u s e 1070d-36. 
SELECTION OF MERIT SCHOLARS 
"SEC. 419G. (a) The State educational agency is authorized to 
establish the criteria for the selection of merit scholars under this 
subpart. 
"(b) The State educational agency shall adopt selection procedures 
which are designed to assure that ten individuals will be selected 
from among residents of each congressional district in a State (and 
in the case of the District of Columbia and the Commonwealth of 
20 u s e 1070d-37. 
98 STAT. 2902 
PUBLIC LAW 98-558—OCT. 30, 1984 
Puerto Rico not to exceed ten individuals will be selected in such 
district or Commonwealth). 
"(c) In carrying out its responsibilities under subsections (a) and 
(b), the State educational agency shall consult with school adminis-
trators, school boards, teachers, counselors, and parents. 
"STIPENDS AND SCHOLARSHIP CONDITIONS 
20 use l070d-38. 
"SEC. 419H. (a) Each student awarded a merit scholarship under 
this subpart shall receive a stipend of $1,500 for the academic year 
of study for which the scholarship is awarded. 
"(b) The State educational agency shall establish procedures to 
assure that a merit scholar awarded a scholarship under this sub-
part pursues a course of study at an institution of higher education. 
"AWARDS CEREMONY 
20 use l070d-39. 
"SEC. 4191. (a) The State educational agency shall make arrang:e-
ments to award merit scholarships under this subpart at a place in 
each State which is convenient to the individuals selected to receive 
such scholarships. To the extent possible, the award shall be made 
by Members of the Senate and Members of the House of Representa-
tives (by the Delegate in the case of the District of Columbia and the 
Resident Commissioner in the case of the Commonwealth of Puerto 
Rico) who represent the State, Commonwealth, or District, as the 
case may be, from which the individuals come. 
"(b) The selection process shall be completed, and the awards 
made prior to the end of each secondary academic year. 
"CONSTRUCTION OF NEEDS PROVISIONS 
20 use l070d-40. 
"SEC. 419J. Nothing in this subpart, or any other Act, shall be 
construed to permit the receipt of a merit scholarship under this 
subpart to be counted for any needs test in connection with the 
awarding of any grant or the making of any loan under this Act 
or any other provision of Federal law relating to educational 
assistance. 
"AUTHORIZATION OF APPROPRIATIONS 
20 use I070d-4l. 
"SEC. 419K. There are authorized to be appropriated $8,000,000 for 
each of fiscal years 1986, 1987, and 1988 to carry out the provisions 
of this subpart.". 
20 use I070e. 
(b)(1) Section 419 of the Act is redesignated as section 420. 
20 use I070e-i. 
(2) Section 420 of the Act is redesignated as section 420A. 
Leadership in 
Educational 
Administration 
Development 
Act of 1984. 
20 u s e 4201. 
TITLE IX—LEADERSHIP IN EDUCATIONAL 
ADMINISTRATION 
SHORT TITLE; PURPOSE 
SEC. 901. (a) This title may be cited as the "Leadership in Educa-
tional Administration Development Act of 1984". 
(b) It is the purpose of this title to improve the level of student 
achievement in elementary and secondary schools through the 
enhancement of the leadership skills of school administrators by 
establishing technical assistance centers for each State to promote the 
development of the leadership skills of elementary and secondary 
PUBLIC LAW 98-558—OCT. 30, 1984 
98 STAT. 2903 
school administrators with particular emphasis upon increasing 
access for minorities and women to administrative positions. 
(c) It is the intention of Congress that contractors seeking to 
establish technical assistance and training centers should design 
programs which upgrade the skills of elementary and secondary 
school administrators in— 
(1) enhancing the schoolwide learning environment by assess-
ing the school climate, setting clear goals for improvement, and 
devising strategies for completing manageable projects with 
measurable objectives; 
(2) evaluating the school curriculum in order to assess its 
effectiveness in meeting academic goals; 
(3) developing skills in instructional analysis to improve 
the quality of teaching through classroom observation and 
supervision; 
(4) mastering and implementing objective techniques for eval-
uating teacher performance; and 
(5) improving communication, problem-solving, student disci-
pline, time-management, and budgetary skills. 
AUTHORIZATION OF APPROPRIATIONS 
SEC. 902. (a) There are authorized to be appropriated to carry out 
20 use 4202. 
this title for fiscal year 1985 and each succeeding fiscal year ending 
prior to October 1, 1990, such sums as may be necessary but not to 
exceed $20,000,000 in any fiscal year. 
O
t
>
) Of the amount appropriated pursuant to subsection (a) for any 
fiscal year, the Secretary shall make available such amount, not less 
than $150,000 for each State, as may be necessary for establishing 
and operating a technical assistance center in each State. 
TECHNICAL ASSISTANCE CENTERS 
SEC. 903. (a) The Secretary shall, subject to the availability of 
20 use 4203. 
funds pursuant to section 902, enter into contracts with local educa-
tional agencies, intermediate school districts, State educational 
agencies, institutions of higher education, private management 
organizations, or nonprofit organizations (or consortium of such 
entities) for the establishment and operation of training centers in 
each State in accordance with the requirements of this section and 
section 904. 
(b) Each contract entered into under subsection (a) shall require 
the contractor— 
(1) to make the services of the technical assistance center 
available to school administrators from any of the local edu-
cational agencies located within the State served by that 
contractor; 
(2) to collect information on school leadership skills; 
(3) to assess the leadership skills of individual participants 
based on established effective leadership criteria; 
(4) to conduct training programs on leadership skills for new 
school administrators and to conduct training seminars on lead-
ership skills for practicing school administrators, with particu-
lar emphasis on women and minority administrators; 
(5) to operate consulting programs to provide within school 
districts advice and guidance on leadership skills; 
98 STAT. 2904 
PUBLIC LAW 98-558—OCT. 30, 1984 
(6) to maintain training curricula and materials on leadership 
skills drawing on expertise in business, academia, civilian and 
military governmental agencies, and existing effective schools; 
(7) to conduct programs which— 
(A) make available executives from business, scholars 
from various institutions of higher education, and practic-
ing school administrators; and 
(B) offer internships in business, industry, and effective 
school districts to school administrators, 
for the purpose of promoting improved leadership skills of such 
administrators; 
(8) to disseminate information on leadership skills associated 
with effective schools; and 
(9) to establish model administrator projects. 
(c) In making a selection among applicants for any contract under 
this section, the Secretary shall take into account whether the 
applicant, if selected, would be able to operate its programs in a 
manner which would emphasize development of leadership skills 
identified by graduate schools of management and graduate schools 
of education. 
GENERAL CRITERIA FOR CONTRACTS 
20 use 4204. 
SEC. 904. (a) The following criteria shall apply to each contract: 
(1) The contract shall assure the involvement of private sector 
managers and executives in the conduct of such programs. 
(2) The contract shall contain assurances of an ongoing orga-
nizational commitment to carrying out the purposes of this title 
through (A) obtaining matching funds for such programs in cash 
or in kind at least equal in amount to the amount of funds 
provided under this title, (B) making inkind contributions to 
such programs, (C) demonstrating a commitment to continue to 
operate such programs after expiration of funding under this 
title, and (D) organizing a policy advisory committee including 
0)ut not limited to) representatives from business, private foun-
dations, and local and State educational agencies. 
(3) The contract shall demonstrate the level of development of 
human relations skills which its programs will instill by (A) 
identifying the credentials of the staff responsible for such 
development; (B) describing the manner in which such skills 
will be developed; and (C) describing the manner in which the 
program deals with human relations issues facing education 
administrators. 
(4) The contract shall establish a system for the evaluation of 
the programs conducted. 
(b) Each contract shall be for a term of three years. Such contract 
shall not be renewable, except that a single three-year extension 
may be granted if the contractor agrees to maintain the programs 
with assistance under this title reduced by one-half. 
REGULATIONS 
20 use 4205. 
SEC. 905. The Secretary is authorized to prescribe such regulations 
as may be necessary to carry out this title. 
DEFINITIONS 
20 use 4206. 
SEC. 906. For the purposes of this title— 
PUBLIC LAW 98-558—OCT. 30, 1984 
98 STAT. 2905 
(1) the term "Secretary" means the Secretary of Education; 
(2) the term "institution of higher education" has the mean-
ing provided by section 1201 of the Higher Education Act of 
1965; 
20 use 1141. 
(3) the term "school administrator" means a principal, assist-
ant principal, district superintendent, and other local school 
administrators; 
(4) the term "local educational agency" has the meaning 
provided by section 595 of the Education Consolidation and 
Improvement Act of 1981; and 
20 use 3875. 
(5) the term "leadership skills" includes, but is not limited to, 
managerial, administrative, evaluative, communication and dis-
ciplinary skills and related techniques. 
TITLE X-NATIVE AMERICAN PROGRAMS 
SHORT TITLE 
SEC. 1001. This title may be cited 
Programs Act Amendments of 1984". 
as the "Native American 
Native 
American 
Programs Act 
Amendments of 
1984. 
42 u s e 2991 
note. 
DISTRIBUTION OF FINANCIAL ASSISTANCE 
SEC. 1002. (a) Section 803(a) of the Native American Programs Act 
of 1974 is amended by adding at the end thereof the following: 
42USC299ib. 
"Every determination made with respect to a request for financial 
assistance under this section shall be made without regard to 
whether the agency making such request serves, or the project to be 
assisted is for the benefit of, Indians who are not members of a 
federally recognized tribe. To the greatest extent practicable, the 
Secretary shall ensure that each project to be £issisted under this 
title is consistent with the priorities established by the agency which 
receives such assistance.". 
Ot)) Section 803(c) of the Native American Programs Act of 1974 is 
amended— 
(1) by inserting "(1)" after "(c)", and 
(2) by adding at the end thereof the following new paragraph: 
"(2) No project may be disapproved for assistance under this title 
solely because the agency requesting such assistance is an Indian 
organization in a nonreservation area or serves Indians in a nonres-
ervation area.". 
ADMINISTRATION OF PROGRAMS 
SEC. 1003. Section 812 of the Native American Programs Act of 
1974 is amended to read as follows: 
42 use 2992b. 
ADMINISTRATION; DELEGATION OF AUTHORITY 
"SEC. 812. (a)(1) The general administration of the programs 
authorized by this Act shall remain within the Department of 
Health and Human Services and, notwithstanding any authority 
under any other law, may not be transferred outside of such 
Department. 
"(2) The Secretary shall continue to administer grants under 
section 803 through the Administration for Native Americans. The 
Commissioner of such Administration may not delegate outside of 
the Administration the functions, powers, and duties of the Commis-
sioner to carry out such section. 
42 u s e 2991b. 
98 STAT. 2906 
PUBLIC LAW 98-558—OCT. 30, 1984 
"(b)(1) Except as provided in subsection (a)(2), the Secretary may 
delegate only to the heads of agencies within the Department of 
Health and Human Services any of the functions, powers, and duties 
of the Secretary under this title and may authorize the redelegation 
only within such Department of such functions, powers, and duties 
by the heads of such agencies. 
"(2) Funds appropriated to carry out this title, other than sec-
42 use 2991b. 
tion 803, may be transferred between such agencies if such funds 
are used for the purposes for which they are authorized and 
appropriated. 
"(c) Nothing in this section shall be construed to prohibit inter-
agency funding agreements made between the Administration for 
Native Americans and other agencies of the Federal Government 
for the development and implementation of specific grants or 
projects.". 
DEFINITIONS 
SEC. 1004. Section 813 of the Native American Programs Act of 
42 use 2992c. 
1974 is amended— 
(1) in paragraph (3) by striking out the period and inserting in 
lieu thereof "; and", and 
(2) by adding at the end thereof the following new paragraph: 
"(4) 'Secretary' means the Secretary of Health and Human 
Services.". 
EXPENDITURE OF AVAILABLE FUNDS 
SEC. 1005. Section 814 of the Native American Programs Act of 
42 use 2992d. 
1974 is amended— 
(1) by striking out "1981" and inserting in lieu thereof "1986", 
(2) by inserting "(a)" after "SEC. 814.", and 
(3) by adding at the end thereof the following new subsection: 
"OD) Not less than 90 per centum of the funds made available to 
carry out the provisions of this title for a fiscal year shall be 
Ante, p. 2905. 
expended to carry out section 803(a) for such fiscal year.". 
Approved October 30, 1984. 
LEGISLATIVE HISTORY—S. 2565: 
SENATE REPORT No. 98-484 (Comm. on Labor and Human Resources). 
CONGRESSIONAL RECORD, Vol. 130 (1984): 
Oct. 4, considered and p£issed Senate. 
Oct. 9, considered and passed House.