revision of program

revision of program Sec. 162. (a) Title VII of the Act is amended— (1) by inserting “, RECONSTRUCTION AND RENOVATION” immediately after “CONSTRUCTION” in the heading of such title; (2) by inserting “, Reconstruction, and Renovation” immediately after “Construction” each place it appeal’s in the headings of Parts A, B and C of such title; (3) by inserting “, reconstruction, oi’ renovation” immediately after “construction” each place it appears in sections 701(a), 90 STAT. 2157702(c)(1).703(c)(1),704(a)(2) (A), 705(a), 705(b),706(a)(1), 707(a) (2), 707(c) (1), 741(a) (2), 742(a) (3), 745(a), 745(e) (3), 746(a) (1), 781(a), 781(b), 782(3), and 782(5); (4) by inserting “reconstructed or renovated” after “constructed,” in section 705(b), section 781, and section 782(1); (5) by striking out “construction” in section 707(a)(2)(F) and inserting in lieu thereof, “project”; and (6) by inserting “reconstruct or renovate” after the word “construct” in section 742(a)(4). (b) Section 701(c) of the Act is amended by inserting “an appropriate amount, but in no case less than” immediately before “24 per centum”. (c) Section 704(b) of the Act is amended to read as follows: “(b) The Commissioner shall not disapprove any State plan submitted under this section unless he determines after reasonable notice mid opportunity for hearing and comment, that the plan is inconsistent with a specific provision of tills section or other relevant sections of this title.” (d) Section 705(a) of the Act is amended by striking out “on the campus of such institution”. (e) Section 721 (a) of the Act is amended by inserting “(1)” immediately after “(a)” and by adding at the end thereof the following new paragraph: “(2) The Commissioner is authorized to make grants to or enter into contracts with institutions of higher education for the construction of facilities for model intercultural programs designed to integrate the educational requirements of substantive knowledge and language proficiency.”. (f) Section 743(b) (5) of the Act is amended by inserting before the semicolon the following: “including (A) the granting of a temporary moratorium on the repayment of principal or interest or both to any institution of higher education or higher education building agency the Commissioner finds to be tempo rarity unable to make such repayment without undue financial hardship, if such institution or agency presents, and the Commissioner approves, a specific plan to make such repayment including a schedule for such repayment, and (B) the granting to any such institution or agency for which he has authorized a loan under this part prior to January 1, 1976, of the option to pay into the fund established under section 744 an amount equal to 75 per centum of the total current obligation of the institution or agency under this part, in full accord and satisfaction of such total current obligation, if such institution or agency desiring to exercise such an option makes payment from non-Federal sources prior to October 1, 1979.”. (g) (1) Section 745(b) of the Act is amended by striking out “section 744(b)(2)” and inserting in lieu thereof “section 742(b)”. (2) Section 745(c) (2) of the Act is amended by striking out “four” and inserting in lieu thereof “six”, and by inserting before the period at the end thereof a comma and the following: “and October 1, 1977 and on October 1 of each of the succeeding fiscal years”. (h) Section 762(a) of the Act is amended by striking out “Office of Emergency Planning” and inserting in lien thereof “Office of Emergency Preparedness”. (i) ‘Title VII of the Act is further amended by redesignating Part E and all references thereto as Part F and by inserting immediately after Part D the following new part: 90 STAT. 2158 “Part E—Reconstruction and Renovation “Sec. 771. (a) The Commissioner is authorized to make grants from funds appropriated under section 701(b), grants from funds appropriated under section 721(b), loans from funds appropriated under section 741(b), or loans, to the extent provided in advance by appropriations Acts, from any unused amounts in the fluid established under section 744, notwithstanding any prior restrictions on the use of such unused amounts, to institutions of higher education and to higher education building agencies for the reconstruction or renovation of academic facilities if the primary purpose of such reconstruction or renovation is— “(1) to enable such institutions to economize on the use of energy resources, or “(2) to enable such institutions to bring their academic facilities into conformity with the requirements of— “(A) the Act of August 12, 1968, commonly known as the Architectural Barriers Act of 1968, or “(B) environmental protection or health and safety programs mandated by Federal, State or local law, if such requirements were not in effect at the time such facilities were constructed. “(b) (1) In determining whether the primary purpose of a proposed reconstruction or renovation is to conserve energy, the Commissioner shall consult with other Federal agencies which have specific expertise in energy conservation. “(2) In determining whether the primary purpose of a proposed reconstruction or renovation is to enable such facility to meet environmental protection standards or health or safety requirements imposed under law, the Commissioner shall consult with the appropriate Federal, State or local agency responsible for the administration of such law. “(3) In determining whether the primary purpose of a proposed reconstruction or renovation is to enable such facility to comply with the Act of August 12, 1968, the Commissioner shall consult with the Architectural and Transportation Barriers Compliance Board and the Administrator of General Services. “(c) A loan pursuant to this section shall be repaid within such period not exceeding twenty years as may be determined by the Commissioner.” (j) Section 782 of the Act is amended— (1) by inserting immediately before the period at the end of paragraph (1)(B) in section 782 the following: “; except that the term ‘academic facilities’ may include any facility described in clause (v) to the degree that such facility is owned, operated, and maintained by the institution of higher education requesting the approval of a project; and that fluids available for such facility under such project shall be used solely for the purpose of conversion or modernization of energy utilization techniques to economize on the use of energy resources; and that such project is not limited to facilities described in clause (v) of this subsection”; and (2) by striking out paragraph (2) of such section and inserting in lieu thereof the following: “(2) (A) The term ‘construction’ means (i) erection of new or expansion of existing structures, and the acquisition and installation of initial equipment therefor; or (ii) acquisition of existing structures not owned by the institution involved; or (iii) a combina-90 STAT. 2159tion of either of the foregoing. For the purposes of the preceding sentence, the term ‘equipment’ includes, in addition to machinery, utilities, and built-in equipment and any necessary enclosures or structures to house them, all other items necessary for the functioning of a particular facility as an academic facility, including necessary furniture, except books, curricular, and program materials, and items of current and operating expense such as fuel, supplies, and the like; the term ‘initial equipment means equipment acquired and installed in connection with construction; and the terms ‘equipment’, ‘initial equipment’, and ‘built-in equipment’ shall be more particularly defined by the Commissioner by regulation. “(B) The term ‘reconstruction or renovation’ means rehabilitation, alteration, conversion, or improvement (including the acquisition and installation of initial equipment, or modernization or replacement of such equipment) of existing structures. For the purposes of the preceding sentence, the term ‘equipment’ includes, in addition to machinery, utilities, and built-in equipment and any necessary enclosures or structures to house them, all other items necessary for the functioning of a particular facility as an academic facility, including necessary furniture, except books, curricular and program materials, and items of current and operating expense such as fuel, supplies, and the like; the term ‘initial equipment’ means equipment acquired and installed either in connection with construction as defined in paragraph (2) (A), or as part of the rehabilitation, alteration, conversion, or improvement of an existing structure, which structure would otherwise not be adequate for use as an academic facility; the terms ‘equipment’, ‘initial equipment’, and ‘built-in equipment’ shall be more particularly defined by the Commissioner by regulation; and the term ‘rehabilitation, alteration, conversion, or improvement’ includes such action as may be necessary to provide for the architectural needs of, or to remove architectural barriers to, handicapped persons with a view toward increasing the accessibility to, and use of, academic facilities by such persons.”.