42 U.S.C. § 8001 — Congressional findings

Page 7504 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7942 1 So in original. Subsec. (b) enacted without a par. (2). New Mexico Partners site near Milan, New Mex- ico, and the Anaconda carbonate process tailings site near Bluewater, New Mexico. Such study shall be completed and a report thereof submitted to the Congress and to the Secretary within one year after November 8, 1978, together with such recommendations as may be appro- priate. If the Commission determines that such authority is not adequate to regulate and con- trol such materials at such sites in the manner provided in the first sentence of this section, the Commission shall include in the report a state- ment of the basis for such determination. Noth- ing in this chapter shall be construed to prevent or delay action by a State as permitted under section 274 of the Atomic Energy Act of 1954 [42 U.S.C. 2021] or under any other provision of law or by the Commission to regulate such residual radioactive materials at such sites prior to com- pletion of such study. (Pub. L. 95–604, title III, § 301, Nov. 8, 1978, 92 Stat. 3042.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning Pub. L. 95–604, Nov. 8, 1978, 92 Stat. 3021, known as the Uranium Mill Tailings Radiation Control Act of 1978. For complete classification of this Act to the Code, see Short Title note under section 7901 of this title and Tables. The Atomic Energy Act of 1954, referred to in text, is act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 919, which is classified principally to chapter 23 (§ 2011 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2011 of this title and Tables. Title II of this Act, referred to in text, is title II (§§ 201–209) of Pub. L. 95–604, Nov. 8, 1978, 92 Stat. 3033, which enacted sections 2022, 2113, 2114 of this title, amended sections 2014, 2021, 2111, and 2201 of this title, and enacted provisions set out as notes under sections 2014, 2021, and 2113 of this title. For complete classifica- tion of title II to the Code, see Tables. § 7942. Designation by Secretary as processing sites for subchapter I purposes (a) New Mexico cooperative agreement respect- ing certain residual radioactive materials; submission to Congressional committees Within ninety days from the date of his re- ceipt of the report and recommendations sub- mitted by the Commission under section 7941 of this title, notwithstanding the limitations con- tained in section 7911(6)(A) and in section 7925(a) of this title, if the Commission determines, based on such study, that such sites cannot be regulated and controlled by the State or the Commission in the manner described in section 7941 of this title, the Secretary may designate either or both of the sites referred to in section 7941 of this title as a processing site for purposes of subchapter I. Following such designation, the Secretary may enter into cooperative agree- ments with New Mexico to perform remedial ac- tion pursuant to such subchapter I concerning only the residual radioactive materials at such site resulting from uranium produced for sale to a Federal agency prior to January 1, 1971, under contract with such agency. Any such designa- tion shall be submitted by the Secretary, to- gether with his estimate of the cost of carrying out such remedial action at the designated site, to the Committee on Interior and Insular Affairs and the Committee on Energy and Commerce of the House of Representatives and to the Com- mittee on Energy and Natural Resources of the Senate. (b) Effective date (1) 1 No designation under subsection (a) shall take effect before the expiration of one hundred and twenty calendar days (not including any day in which either House of Congress is not in ses- sion because of an adjournment of more than three calendar days to a day certain or an ad- journment sine die) after receipt by such Com- mittees of such designation. (c) Subchapter I provisions applicable Except as otherwise specifically provided in subsection (a) of this section, any remedial ac- tion under subchapter I with respect to any sites designated under this subchapter shall be sub- ject to the provisions of subchapter I (including the authorization of appropriations referred to in section 7922(b) of this title). (Pub. L. 95–604, title III, § 302, Nov. 8, 1978, 92 Stat. 3042; H. Res. 549, Mar. 25, 1980.) Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on Interior and Insular Affairs of the House of Representatives changed to Committee on Natural Resources of the House of Representatives on Jan. 5, 1993, by House Resolution No. 5, One Hundred Third Congress. Committee on Interstate and Foreign Commerce of the House of Representatives changed to Committee on Energy and Commerce immediately prior to noon on Jan. 3, 1981, by House Resolution No. 549, Ninety-sixth Congress, Mar. 25, 1980. Committee on Energy and Com- merce of House of Representatives treated as referring to Committee on Commerce of House of Representa- tives by section 1(a) of Pub. L. 104–14, set out as a note preceding section 21 of Title 2. Committee on Com- merce of House of Representatives changed to Com- mittee on Energy and Commerce of House of Represent- atives, and jurisdiction over matters relating to securi- ties and exchanges and insurance generally transferred to Committee on Financial Services of House of Rep- resentatives by House Resolution No. 5, One Hundred Seventh Congress, Jan. 3, 2001. CHAPTER 89—CONGREGATE HOUSING SERVICES Sec. 8001. Congressional findings. 8002. Definitions. 8003. Contracts to provide congregate services pro- grams. 8004. Congregate services program. 8005. Eligibility for services. 8006. Application procedure for assistance. 8007. Evaluation of applications and programs. 8008. Funding procedures. 8009. Miscellaneous provisions. 8010. Authorization of appropriations. 8011. Revised congregate housing services program. 8012. Hope for elderly independence. 8013. Supportive housing for persons with disabil- ities. § 8001. Congressional findings The Congress finds that— Page 7505 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 8003 (1) congregate housing, coordinated with the delivery of supportive services, offers an inno- vative, proven, and cost-effective means of en- abling temporarily disabled or handicapped in- dividuals to maintain their dignity and inde- pendence and to avoid costly and unnecessary institutionalization; (2) a large and growing number of elderly and handicapped residents of public housing projects and of nonprofit projects for the el- derly and handicapped face premature and un- necessary institutionalization because of the absence of or deficiencies in the availability, adequacy, coordination, or delivery of the sup- portive services required for the successful de- velopment of adequate numbers of congregate housing projects; and (3) supplemental supportive services, avail- able on a secure and continuing basis, are es- sential to a successful congregate housing pro- gram. (Pub. L. 95–557, title IV, § 402, Oct. 31, 1978, 92 Stat. 2104.) Statutory Notes and Related Subsidiaries SHORT TITLE OF 2011 AMENDMENT Pub. L. 111–374, § 1(a), Jan. 4, 2011, 124 Stat. 4089, pro- vided that: ‘‘This Act [amending section 8013 of this title and enacting provisions set out as a note under section 8013 of this title] may be cited as the ‘Frank Melville Supportive Housing Investment Act of 2010’.’’ SHORT TITLE Pub. L. 95–557, title IV, § 401, Oct. 31, 1978, 92 Stat. 2104, provided that: ‘‘This title [enacting this chapter and amending section 1437e of this title] may be cited as the ‘Congregate Housing Services Act of 1978’.’’ § 8002. Definitions For the purpose of this chapter— (1) the term ‘‘congregate housing’’ means (A) low-rent housing which, as of January 1, 1979, was built or under construction, with which there is connected a central dining facility where wholesome and economical meals can be served to such occupants; or (B) low-rent hous- ing constructed after, but not under construc- tion prior to, January 1, 1979, connected with which there is a central dining facility to pro- vide wholesome and economical meals for such occupants; (2) the term ‘‘congregate services programs’’ means programs to be undertaken by a public housing agency or a nonprofit corporation to provide assistance, including personal assist- ance and nutritional meals, to eligible project residents who, with such assistance, can re- main independent and avoid unnecessary insti- tutionalization; (3) the term ‘‘elderly’’ means sixty-two years of age or over; (4) the term ‘‘eligible project resident’’ means elderly handicapped individuals, non- elderly handicapped individuals, or tempo- rarily disabled individuals, who are residents of congregate housing projects administered by a public housing agency or by a nonprofit corporation; (5) the term ‘‘handicapped’’ means having an impairment which (A) is expected to be of long-continued and indefinite duration, and (B) substantially impedes an individual’s abil- ity to live independently unless the individual receives supportive congregate services; such impairment may include a functional dis- ability or frailty which is a normal con- sequence of the human aging process; (6) the term ‘‘personal assistance’’ means service provided under this chapter which may include, but is not limited to, aid given to eli- gible project residents in grooming, dressing, and other activities which maintain personal appearance and hygiene; (7) the term ‘‘professional assessment com- mittee’’ means a group of at least three per- sons appointed by a local public housing agen- cy or a nonprofit corporation and shall include qualified medical professionals and other per- sons professionally competent to appraise the functional abilities of elderly or permanently disabled adult persons, or both, in relation to the performance of the normal tasks of daily living; (8) the term ‘‘temporarily disabled’’ means an impairment which (A) is expected to be of no more than six months’ duration, and (B) substantially impedes an individual’s ability to live independently unless the individual re- ceives supportive congregate services; and (9) the term ‘‘nonprofit corporation’’ means any corporation responsible for a housing project assisted under section 1701q of title 12. (Pub. L. 95–557, title IV, § 403, Oct. 31, 1978, 92 Stat. 2105.) § 8003. Contracts to provide congregate services programs The Secretary of Housing and Urban Develop- ment (hereinafter referred to as the ‘‘Sec- retary’’) is authorized to enter into contracts with local public housing agencies under the United States Housing Act of 1937 [42 U.S.C. 1437 et seq.] (hereinafter referred to as ‘‘public hous- ing agencies’’) and with nonprofit corporations, utilizing sums appropriated under this chapter, to provide congregate services programs for eli- gible project residents in order to promote and encourage maximum independence within a home environment for such residents capable of self-care with appropriate supportive congregate services. Each contract between the Secretary and a public housing agency or nonprofit cor- poration shall be for a term of not less than three years or more than five years and shall be renewable at the expiration of such term. Each public housing agency or nonprofit corporation entering into such a contract shall be reserved a sum equal to its total approved contract amount from the moneys authorized and appropriated for the fiscal year in which the notification date of funding approval falls. (Pub. L. 95–557, title IV, § 404, Oct. 31, 1978, 92 Stat. 2106.) Editorial Notes REFERENCES IN TEXT The United States Housing Act of 1937, referred to in text, is act Sept. 1, 1937, ch. 896, as revised generally by Pub. L. 93–383, title II, § 201(a), Aug. 22, 1974, 88 Stat. 653,