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Page:United States Statutes at Large Volume 91.djvu/1507

 PUBLIC LAW 95-207—DEC. 13, 1977 (3) a description of the exemplary programs funded within the State, including an analysis of the reasons for their success, and a description of the programs which were not successful .;, within the State, including an analysis of the reasons for their failure. (b) The Commissioner, through the Office of Career Education, shall analyze each one of the State reports submitted pursuant to subsection (a) and shall provide to the State no later than three months after the date of such submission an analysis of the report and recommendations for improvement in the operation and administration of programs being provided by the State with funds made available under this Act. (c) The Commissioner shall conduct a comprehensive review of a random sample of the State programs funded under this Act and shall submit a report on such review to the Committee on Education and Labor of the House of Representatives and the Committee on Human Resources of the Senate by no later than September 30, 1982.

91 STAT. 1473

Analysis and recommendations.

Review; report to congressional committees.

DEFINITIONS

SEC. 15. For purposes of this Act the term— 20 USC 2614. (1)(A) "career education", for the purposes of this Act, except for paragraphs (2) and (3) of section 8(a), and sections 8(b), 8(c), 9, 10, and 11, means the totality of experiences, which are designed to be free of bias and stereotyping (including bias or stereotyping on account of race, sex, age, economic status, or handicap), through which one learns about, and prepares to engage in, work as part of his or her way of living, and through which he or she relates work values to other life roles and choices (such as family life); (B) "career education", for purposes of paragraphs (2) and (3) of section 8(a), and sections 8(b), 8(c), 9,10, and 11, shall be limited to activities involving career awareness, exploration, decisionmaking, and planning, which activities are free of or are designed to eliminate bias and stereotyping (including bias or stereotyping on account of race, sex, age, economic status, or handicap), and shall not include any activities carried out by such agencies involving specific job skill training; (2) "Commissioner" means the Commissioner of Education; (3) "handicapped" means mentally retarded, hard of hearing, deaf, speech impaired, visually handicapped, seriously emotionally disturbed, orthopedically impaired, or other health impaired persons, or persons with specific learning disabilities who by reason thereof require special education and related services; (4) "local educational agency" has the meaning given such term by section 801(f) of the Elementary and Secondary Education Act of 1965; 20 USC 881. (5) "State" means the several States, the District of Columbia, and the Commonwealth of Puerto Rico; and (6) "State educational agency" has the meaning given such term by section 801(k) of the Elementary and Secondary Education Act of 1965.

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Page:United States Statutes at Large Volume 91.djvu/1508

 91 STAT. 1474

PUBLIC LAW 95-207—DEC. 13, 1977 AMENDMENT TO THE EDUCATION AMENDMENTS OP 1 0 7 6

20 USC 2502.

SEC. 16. Section 332 of the Education Amendments of 1976 is amended— (1) in subsection (b)(2), by striking out "3 per centum" and inserting in lieu thereof "1 per centum", and by striking out "the Commonwealth of Puerto Rico,"; and (2) in subsection (b)(3)(B), by striking out "and the District of Columbia" and inserting in lieu thereof ", the District of Columbia, and the Commonwealth of Puerto Rico". Approved December 13, 1977.

LEGISLATIVE HISTORY: HOUSE REPORTS: No. 95-150 (Comm. on Education and Labor) and No. 95-816 (Comm. of Conference). SENATE REPORTS: No. 95-498 accompanying S. 1328 and 95-513 (both from Comm. on Human Resources). CONGRESSIONAL RECORD, Vol. 123 (1977): Apr. 5, considered and passed House. Oct. 20, considered and passed Senate, amended, in lieu of S. 1328. Nov. 22, Senate agreed to conference report. Nov. 29, House agreed to conference report. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, VoL 13, No. 51: Dec. 13, Presidential statement.

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Page:United States Statutes at Large Volume 91.djvu/1509

 PUBLIC LAW 95-208—DEC. 13, 1977

91 STAT. 1475

Public Law 95-208 95th Congress An Act To establish uniform structural requirements for intermodal cargo containers, subject to the jurisdiction of the United States, designed to be transported interchangeably by sea and land carriers, and moving in, or designed to move in, international trade, and for other purposes.

Uec. 13, 1977 [H.R. 8159]

Be it enacted by the Senate and House of RepresenJ;atives of the United States of America in Congress assembled, That this Act may International be cited as the "International Safe Container Act". Safe Container SEC. 2. DEFINITIONS.

Act 46 b s C 1501

As used in this Act— note. (a) The term "Secretary" means the Secretary of Transportation. 46 USC 1501. (b) The term "Convention" means the International Convention for Safe Containers, and the annexes thereto, done at Geneva, Switzerland, December 2, 1972. (c) The term "container" shall have the same meaning as that term is defined in the Convention. (d) The term "international transport" means the transportation of a container— (1) to any place within the jurisdiction of the United States from a place within a foreign country; (2) by United States carriers between two points both of which are outside of the United States; or (3) from any place within the jurisdiction of the United States to any place within a foreign country. (e) The term "United States" includes the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Canal Zone, Guam, American Samoa, the United States Virgin Islands, the Trust Territory of the Pacific Islands, and any other territory or possession of the United States. (f) The term "new container" means a container (other than a container specially designed for air transport) which is used or is designed for use in international transport, the construction of which began on or after September 6, 1977. (g) The term "existing container" means a container (other than a container specially designed for air transport) which is used or is designed for use in international transport and which is not a new container. (h) The term "owner" means a person who owns a container, or, if a written lease or bailment provides for the lessee or bailee to exercise the owner's responsibility for maintaining and examining the container, the lessee or bailee of a container, to the extent such agreement so provides. (i) The term "safety approval plate" shall have the same meaning as that term is defined in annex I of the Convention.

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Page:United States Statutes at Large Volume 91.djvu/1510

 91 STAT. 1476

PUBLIC LAW 95-208—DEC. 13, 1977 SEC. 3. DUTIES OF AN OWNER.

Containers, approval and examination.

46 USC 1502.

. !

(a) Beginning on the date the instrument of ratification is deposited by the United States in accordance with the provisions of article VII of the Convention, for new containers, and beginning on September 6, 1982, for existing containers, the owner of each such container— (1) who is domiciled and has his principal office in the United ':. States, shall have each such container initially approved in accordance with the procedure established by the Secretary or by the administration of another contracting party to the Convention; and shall, thereafter, have each such container periodically examined, as provided in the Convention, in accordance with the procedure established by the Secretary; and (2) who is either domiciled or has his principal office in the United States, shall have each such container initially approved in accordance with the procedure established by the Secretary or by the administration of another contracting party to the Convention; and shall, thereafter, have each such container peri' odically examined, as provided in the Convention, in accordance with the procedure established by the administration of either the country where he is domiciled or has his principal office (so long as such country is a party to the Convention). Any owner of either a new or existing container who is neither domiciled nor maintains a principal office in the United States, or in any other country which is a party to the Convention, may submit their containers for approval and periodic examination according to the procedure established by the Secretary. ^^ (b) During the period beginning on the date the instrument of ratification is deposited by the United States in accordance with the provisions of article VII of the Convention, and before September 6, 1982, an owner of an existing container may have such container approved according to the procedure established by the Secretary, and have a safety approval plate affixed to it, if such container is found to meet the standards of the Convention. SEC. 4. DUTIES OF THE SECRETARY.

Enforcement. 46 USC 1503.

Regulations.

Containers, testing and approval procedures. Periodic examination. Data, collection and dissemination.

(a) On and after the date the instrument of ratification is deposited by the United States in accordance with the provisions of article VII of the Convention, the Secretary shall enforce and carry out the provisions of the Convention, and, unless an earlier date is specifically provided, the provisions of this Act, in the United States. (b) The Secretary shall, as soon as practicable after the date of enactment of this Act, promulgate, and from time to time, amend, those regulations he deems necessary for such enforcement. Such regulations, among other things, shall— (1) establish procedures for the testing, inspection, and initial . approval of existing and new containers and of designs for new containers, including procedures relating to the affixing, invali, dating, and removal of safety approval plates for containers; (2) establish procedures to be followed by owners of containers relating to the periodic examination of containers, as provided in the Convention; and (3) provide a method for developing, collecting, and disseminating data concerning container safety and the international transport of containers.

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Page:United States Statutes at Large Volume 91.djvu/1511

 PUBLIC LAW 95-208—DEC. 13, 1977

91 STAT. 1477

(c) At any time after the date of enactment of this Act, the Secretary may— (1) authorize the affixation of a safety approval plate to any container which, after examination, is found not to have a safety approval plate attached to it and which the owner has established meets the standards of the Convention; (2) delegate and withdraw the delegation of authority to initially approve existing and new containers and designs for new containers, and to authorize the affixing of safety approval plates; and (3) establish a schedule of fees to be charged and collected for services performed by the Secretary, or under authority delegated by the Secretary, relating to the testing, inspection, and initial approval of containers and container designs. (d) Those delegations made under subsection (c)(2) may be made to any person, including any public or private agency or nonprofit organization. The Secretary before making any delegation under such subsection, shall promulgate regulations relating to— (1) the criteria to be followed in selecting a person, public or private agency, or nonprofit organization as a recipient of delegated functions under such subsection; (2) the manner in which such recipient shall carry out such delegated functions, including the records such recipient must keep, and a detailed description of the exact functions such recipient may exercise; and (3) the review that will be carried out by the Secretary to determine that any recipient of delegated functions is performing properly the functions so delegated. No recipient of authority delegated under such subsection may assess or collect, or attempt to assess or collect, any penalty for violation of any provision of this Act, the Convention, or any order of the Secretary issued under this Act, or issue or attempt to issue any detention or other order. Any records required to be kept by regulations promulgated by the Secretary under this subsection shall be available to the Secretary, for inspection, upon request. The name and address of the recipient, if other than the owner, together with the functions so delegated and the period of designation, shall be published in the J'ederal Register and otherwise publicized as appropriate. (e) The Secretary shall, to the maximum possible extent, encourage the development and use of intermodal transport, using containers constructed to facilitate economical, safe, and expeditious handling of containerized cargo without intermediate reloading while such cargo is in transport over land, air, and sea areas.

Safety approval plate, affixation.

Authority delegation.

Fees.

Regulations.

Records, availability. Publication in Federal Register.

SEC. 5. ENFORCEMENT.

(a)(1) On and after the date the instrument of ratification is deposited by the United States in accordance with the provisions of article VII of the Convention, to ensure compliance with this Act, and with the Convention, the Secretary may— (A) examine, or require to be examined, new containers, and existing containers which are subject to this Act, in international transport, and test, inspect, and approve designs for new containers and new containers being manufactured; (B) issue a detention order removing or excluding a container from service until the owner of the container establishes to the Secretary's satisfaction that the container meets the standards of the Convention, if the container is subject to this Act and does

46 USC 1504.

Container examination, testing, and approval. Detention order.

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Page:United States Statutes at Large Volume 91.djvu/1512

 91 STAT. 1478

Noncompliance.

Unsafe or invalid container, movement.

Internationaly used container examination, effective date. Examination and approval, payment.

Order issuance, notification.

PUBLIC LAW 95-208—DEC. 13, 1977

not have a valid safety approval plate attached to it, or if there is significant evidence that such a container bearing a safety approval plate is in a condition which creates an obvious risk to safety; and (C) take whatever other appropriate action he deems necessary, including issuance of any necessary orders, to remove the container involved from service, or restrict its use, in those instances where he finds that a container is not in compliance with the provisions of this Act or the Convention but does not present an obvious risk to safety. The Secretary may permit the movement to another location of a container which he finds to be unsafe or which does not have a valid safety approval plate affixed to it, under whatever restriction he considers necessary and consistent with the intent of the Convention, for repair or other appropriate disposition. (2) Beginning on September 6, 1982, the Secretary may examine or require to be examined any existing container in international transport. (b) The owner of the container involved in any action taken by the Secretary under this section with respect to an examination of a container, shall pay for or reimburse the Secretary for expenses arising from such actions, except for the costs of routine examinations of containers or safety approval plates. In addition, the owner of containers submitted to the procedure established by the Secretary for testing, inspection, and initial approval, and the manufacturers who submit designs of containers to the procedures established by the Secretary for testing, inspection, and initial approval shall pay for or reimburse the Secretary for the expenses arising from such testing, inspection or approval. Funds received by the Secretary in reimbursement shall be credited to the appropriations bearing the cost thereof. (c) A container bearing a safety approval plate authorized by a country which is a party to the Convention shall be presumed to be in a safe condition unless there is significant evidence that the container creates an obvious risk to safety. (d) Whenever the Secretary issues'a detention or other order under this section, he shall promptly notify, in writing, either the owner of the container subject to such order, his agent, or, when the identity of such owner is not apparent from the container of shipping documents, the custodian. The notification shall reasonably identify the container involved, give the location of the container, and reasonably describe the condition or situation which gave rise to the order. An order issued by the Secretary under this section shall remain in effect until the container is declared by the Secretary, or under regulations promulgated by the Secretary, to be in compliance with the standards of the Convention, or until it is permanently removed from service, whichever first occurs. (e) If there is reason to believe that a container to which there is affixed a safety approval plate issued by a foreign country was defective at the time of approval, the Secretary shall notify the country which issued the approval of such defect. SEC. 6. PENALTIES.

46 USC 1505.

(a) On and after the date the instrument of ratification is deposited by the United States in accordance with the provisions of article VII of the Convention, any owner, agent, or custodian who— (1) has been notified of an order issued by the Secretary under section 5; and

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Page:United States Statutes at Large Volume 91.djvu/1513

 PUBLIC LAW 9 5 - 2 0 8 — D E C. 13, 1977

91 STAT. 1479

(2) fails to take reasonable and p r o m p t action to prevent or stop a container subject to that order from being moved in violation of that o r d e r; shall be subject to a civil penalty of not more than $5,000 for each container so moved. E a c h day the container remains in service while the order is in effect shall be treated as a separate violation. (b) The Secretary shall assess and collect any penalty incurred under this section, and, in his discretion may remit, mitigate, or compromise any such penalty. No penalty shall be assessed until after the person charged has been given notice and an opportunity for a hearing. I n assessing, remitting, mitigating, or compromising a penalty the Secretary shall consider the gravity of the violation, the hazards involved, and the record of the person charged with respect to violations of this Act or of the Convention. Upon failure of any person to pay any penalty assessed against him by the Secretary, the Secretary shall request the Attorney General to begin an action in any district court of the United States to recover the amount of the penalty unpaid. SEC. 7. EMPLOYEE PROTECTION. (a) No person shall discharge or in any manner discriminate against an employee because the employee has reported the existence of an unsafe container or reported a violation of this Act to the Secretary or his agents. (b) A n employee who believes that he has been discharged or discriminated against in violation of this section may, within 60 days after the violation occurs, file a complaint alleging discrimination with the Secretary of Labor. (c) The Secretary of Labor may investigate the complaint and, if he determines that this section has been violated, b r i n g an action in an appropriate United States district court. The district court shall have jurisdiction to restrain violations of subsection (a) of this section and to order a p p r o p r i a t e relief, including rehiring and reinstatement of the employee to his former position with back pay. (d) W i t h i n 30 days after the receipt of a complaint filed under this section the Secretary of Labor shall notify the complainant of his intended action regarding the complaint. SEC. 8. AMENDMENTS TO THE CONVENTION. (a) The Secretary of State, with the concurrence of the Secretary, may propose amendments to the Convention or may request a conference for amending the Convention in accordance with article IX of the Convention. A n amendment communicated to the United States in accordance with article IX (2) of the Convention may be accepted for the United States by the President, with the advice and consent of the Senate. The President may make a declaration that the United States does not accept an amendment. (b) The Secretary of State, with the concurrence of the Secretary, may propose amendments to the annexes of the Convention, may propose a conference for amending annexes to the Convention and shall consider and act on amendments to the annexes of the Convention adopted by the Maritime Safety Committee and communicated to the United States in accordance with article X (2) of the Convention. I f a proposed amendment is approved by the United States, the amendment shall enter into force in accordance with article X of the Convention. I f any proposed amendment is objected to, the Secretary of State shall promptly communicate the objection as provided in article X (3) of the Convention.

Assessment, collection, and remittance.

Recovery actions,

46 USC 1506.

Complaint, filing,

Investigation, Jurisdiction,

Notification to complainant,

46 USC 1507.

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Page:United States Statutes at Large Volume 91.djvu/1514

 91 STAT. 1480 Arbitrator, appointment by Stet?. 46 USC 1508. •

PUBLIC LAW 95-208—DEC. 13, 1977 (c) The Secretary of State, with the concurrence of the Secretary, gj^g^ij appoint an arbitrator when one is required to resolve a dispute within the meaning of article X III of the Convention. SEC. 9. AUTHORIZATION OF APPROPRIATION. Beginning with the fiscal year ending September 30, 1979, and for each fiscal year thereafter, there are authorized to be appropriated such sums as are necessary to carry out the provisions of this Act. Approved December 13, 1977.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-693, pt. 1 (Comm. on Merchant Marine and Fisheries). SENATE REPORT No. 95-552 accompanying S. 1597 (Comm. on Commerce, Science, and Transportation). CONGRESSIONAL RECORD, Vol. 123 (1977): Nov. 1, considered and passed House; also S. 1597 considered and passed Senate. Nov. 4, considered and passed Senate, amended, in lieu of S. 1597. 'f Nov. 29, House concurred in Senate amendment.

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Page:United States Statutes at Large Volume 91.djvu/1515

 PUBLIC LAW 95-209—DEC. 13, 1977

91 STAT. 1481

Public Law 95-209 95th Congress An Act To authorize appropriations for Nuclear Regulatory Commission for the fiscal year 1978, and for other purposes.

Be it enacted by the Senate and House of Representatives af the United States of America in Congress assembled, AUTHORIZATION

1. (a) There is authorized to be appropriated to the Nuclear Regulatory Commission (hereafter in this act referred to as the "Commission") to carry out its functions and authorities under the Atomic Energy Act of 1954 (42 U.S.C. 2017) and the Energy Reorganization Act of 1974 (42 U.S.C. 5875) for the fiscal year 1978 to remain available until expended $297,740,000 to be allocated as follows: (1) For "Nuclear Reactor Regulation", not more than $41,480,000; (2) For "Standards Development", not more than $12,130,000; (3) For "Inspection and Enforcement", not more than $33,050,000; (4) For "Nuclear Materials Safety and Safeguards", not more than $22,090,000; (5) For "Nuclear Regulatory Research", $148,900,000; (6) For "Program Technical Support", $10,180,000; of which an amount not to exceed $600,000 is authorized for a fellowship program pursuant to section 5 of this Act. (7) For "Program Direction and Administration", not more than $29,910,000. (b) Of the total amount authorized under section 1(a), the Commissioners may, by majority vote, reallocate among program activities specified in subsection (a) or pursuant to the authority granted in subsection (d) an amount not exceeding $10,000,000 except that the amount transferred from any of the major program activities specified in subsection (a) shall not exceed 15 per centum of the amount so specified. Prior to any reallocation of an amount in accordance with the provisions of this subsection, where such amount is in excess of $500,000, the Commission shall inform the appropriate congressional committees. Such reallocation may be made notwithstanding the limitations of subsection (a). (c) No amount authorized to be appropriated for contracts for research, studies, and technical assistance on domestic safeguard matters under subsection (a) including any amount reallocated under subsection (b) may be used for such contracts and no amount authorized to be appropriated under this subsection may be used by the Office of Nuclear Regulatory Research for such contracts until a statement supporting the neied for such research, study, or technical assistance has been prepared and published by the Commission. (d) No amount authorized to be appropriated for contracts for regulatory research related to advanced reactor safety under this Act may be used for such contracts except as directed by the Commission, following consideration by the Commission of any recommendation that may be made by the ACRS regarding the proposed research. SECTION

Dec. 13, 1977 [S. 1131] Nuclear Regulatory Commission. Appropriation authorization, 1978.

Reallocation.

Safeguard research contract statement, publication.

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Page:United States Statutes at Large Volume 91.djvu/1516

 91 STAT. 1482

PUBLIC LAW 95-209—DEC. 13, 1977

(e) I n the event that the license application is withdrawn or funding for the continuation of the Clinch River Breeder Reactor project is not authorized or appropriated, the total authorization in subsection (a) shall be reduced by $2,700,000. (f) I n the event that further construction of the facility at Barnwell, South Carolina, for the purpose of providing plutonium to be used as fuel is canceled or deferred, the total authorization in subsection (a) shall be reduced by $2,100,000. COMMISSION PERSONNEL

Quarterly report to Congress. 42 USC 5841.

42 USC 2000e.

SEC. 2. Section 201 of title II of the Energy Reorganization Act of 1974 jg amended by adding the following new subsection at the end thereof: .. "(h) The Commission shall prepare and submit to the Congress a quarterly report which documents, for grades GS-11 or above: "(1) the number of minority and women candidates hired, by grade level; "(2) the number of minority and women employees promoted, by grade level; "(3) the procedures followed by the Commission in preparing job descriptions, informing potential applicants, and selecting from candidates the persons to be employed in positions at grade GS-11 or above; and " (4) other steps taken to meet provisions of the Equal Employment Act. The first such quarterly report shall be submitted to the Congress not later than January 31, 1978, and subsequent reports shall be submitted prior to the end of one calendar month after the end of each calendar quarter thereafter.". ^

UNRESOLVED SAFETY ISSUES

SEC. 3. Title II of the Energy Reorganization Act of 1974, is amended by adding the following new section at the end thereof: "UNRESOLVED SAFETY ISSUES PLAN

42 USC 5850. Submittal to Congress. Progress reports.

"SEC. 210. The Commission shall develop a plan providing for the specification and analysis of unresolved safety issues relating to nuclear reactors and shall take such action as may be necessary to implement corrective measures with respect to such issues. Such plan shall be submitted to the Congress on or before January 1, 1978 and progress reports shall be included in the annual report of the Commission thereafter.". IMPROVED SAFETY SYSTEMS RESEARCH

Long-term plan development.

42 USC 5845.

SEC. 4. (a) Section 205 of the Energy Reorganization Act of 1974 is amended by adding the following new subsection at the end thereof: "(f) The Commission shall develop a long-term plan for projects for the development of new or improved safety systems for nuclear powerplants.".

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Page:United States Statutes at Large Volume 91.djvu/1517

 PUBLIC LAW 95-209—DEC. 13, 1977

91 STAT. 1483

REACTOR SAFETY RESEARCH STUDY

SEC. 5. Section 29 of the Atomic Energy Act of 1954 is amended by Annual report to adding the following at the end thereof: "In addition to its other duties Congress. under this section, the committee, making use of all available sources, 42 USC 2039. shall undertake a study of reactor safety research and prepare and submit annually to the Congress a report containing the results of such study. The first such report shall be submitted to the Congress not later than December 31, 1977. ACRS FELLOWSHIP PROGRAM

SEC. 6. To assist the Advisory Committee on Reactor Safeguards in carrying out its function, the committee shall establish a fellowship program under which persons having appropriate engineering or scientific expertise are assigned particular tasks relating to the functions of the committee. Such fellowship shall be for 2-year periods and the recipients of such fellowships shall be selected pursuant to such criteria as may be established by the committee.

Establishment. 42 USC 2040.

ORGANIZATIONAL CONFLICTS OF INTEREST

SEC. 7. The Commission shall by December 31, 1977, promulgate guidelines to be applied by the Commission in determining whether an organization proposing to enter into a contractual arrangement with the Commission has a conflict of interest which might impair the contractor's judgment or otherwise give the contractor an unfair competitive advantage.

Guidelines. 42 USC 2201 note.

COOPERATIVE RESEARCH FUNDING

SEC. 8. Moneys received by the Commission for the cooperative nuclear safety research programs may be retained and used for salaries and expenses associated with those programs, notwithstanding the provisions of section 3617 of the Revised Statutes (31 U.S.C. 484), and shall remain available until expended. Funds may be obligated for purposes stated in this section only to the extent provided in appropriation Acts. TRANSFER OF FUNDS

SEC. 9. Transfers of sums from salaries and expenses may be made to other agencies of the Government for the performance of the work for which the appropriation is made, and in such cases the sums so transferred may be merged with the appropriations to which transferred.

Salaries and expenses.

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Page:United States Statutes at Large Volume 91.djvu/1518

 91 STAT. 14S4

PUBLIC LAW 95-209—DEC. 13, 1977 /;

APPROPRIATIONS

SEC. 10. Notwithstanding any other provision of this Act, no authority to make payments under this Act shall be effective except to such extent or in such amounts as are provided in advance in appropriation Acts. Approved December 13, 1977.

LEGISLATIVE HISTORY: HOUSE REPORTS No. 95-289 accompanying H.R. 3455 (Comm. on Interior and Insular Affairs) and No. 95-788 (Comm. of Conference). SENATE REPORT No. 95-196 (Comm. on Environment and Public Works). CONGRESSIONAL RECORD, Vol. 123 (1977): May 25, considered and passed Senate. Sept. 12, considered and passed House, amended, in lieu of H.R. 3455. Nov. 3, House agreed to conference report. Nov. 29, Senate agreed to conference report.

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Page:United States Statutes at Large Volume 91.djvu/1519

 PUBLIC LAW 95-210—DEC. 13, 1977

91 STAT. 1485

Public Law 95-210 95th Congress An Act To amend titles X VIII and X IX of the Social Security Act to provide paymt'nt for rural health clinic services, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, MEDICARE

SECTION

AMENDMENTS

Dec. 13, 1977 [H.R. 8422]

Social Security Act, amendment.

1. (a) Section 1832(a) of the Social Security Act is 42 USC 1395k

amended— (1) by striking out "paragraph (2)(B) " in paragraph (1) and inserting in lieu thereof "subparagraphs (B) and (D) of paragraph (2)"; and (2) by striking out the period at the end of paragraph (2)(C) and inserting in lieu thereof "; and" and by adding the following new subparagraph at the end of paragraph (2),: " (D) rural health clinic services." (b) Section 1833(a) of such Act is amended— 42 USC 1395/. (1) by striking out "and" at the end of paragraph (1); (2) by inserting "(except those services described in subparagraph (D) of section 1832(a)(2))" in paragraph (2) after Supra. "1832(a)(2)"; (3) by striking out the period at the end of paragraph (2) and inserting in lieu thereof ", and"; and (4) by inserting the following new paragraph after paragraph "(3) in the case of services described in section 1832(a)(2)(D), 80 percent of costs which are reasonable and related to the cost of furnishing such services or on such other tests of reasonableness as the Secretary may prescribe in regulations, including those authorized under section 1861(v)(1)(A)." (c) The Secretary of Health, Education, and Welfare (hereinafter in this Act referred to as the "Secretary") shall conduct a study of the feasibility and desirability of imposing a copayment for each visit to a rural health clinic for rural health clinic services under part B of title X VIII of the Social Security Act, instead of the deductible and coinsurance amounts otherwise required under section 1833 of such Act with respect to the provision of such services. The Secretary shall report to the appropriate committees of Congress, not later than one year after the date of enactment of this Act, on such study and on any recommendations he may have for changes in the provisions of part B of title X VIII of the Social Security Act to reflect the findings of such study. (d) Section 1861 of such Act is amended by adding at the end thereof the following new subsection: "Rural Health Clinic Services " (aa)(1) The term 'rural health clinic services' means— "(A) physicians' services and such services and supplies as are covered under section 1861(s)(2)(A) if furnished as an incident to a physician's professional service,

42 USC 1395x. Study. 42 USC 1395/ note. 42 USC 1395J. Supra. Report to congressional committees.

Definitions. 42 USC 1395x.

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Page:United States Statutes at Large Volume 91.djvu/1520

 91 STAT. 14S6

liJ95cc.

PUBLIC LAW 95-210—DEC. 13, 1977 "(B) such services furnished by a physician assistant or by a nurse practitioner and such services and supplies furnished as an incident to his service as would otherwise be covered if furnished by a physician or as an incident to a physician's service, and "(C) in the case of a rural health clinic located in an area in which there exists a shortage of home health agencies, part-time or intermittent nursing care and related medical supplies (other than drugs and biologicals) furnished by a registered professional nurse or licensed practical nurse to a homebound individual under a written plan of treatment (i) established and periodically reviewed by a physician described in paragraph (2)(B), or (ii) established by a nurse practitioner or physician assistant and periodically reviewed and approved by a physician described in paragraph (2)(B), when furnished to an individual as an outpatient of a rural health clinic. "(2) The term 'rural health clinic' means a facility which— "(A) is primarily engaged in furnishing to outpatients services described in subparagraphs (A) and (B) of paragraph (1); "(B) in the case of a facility which is not a physician-directed clinic, has an arrangement (consistent with the provisions of State and local law relative to the practice, performance, and delivery of health services) with one or more physicians (as defined in subsection (r)(l)) under which provision is made for the periodic review by such physicians of covered services furnished by physician assistants and nurse practitioners, the supervision and guidance by such physicians of physician assistants and nurse practitioners, the preparation by such physicians of such medical orders for care and treatment of clinic patients as may be necessary, and the availability of such physicians for such referral of and consultation for patients as is necessary and for advice and assistance in the management of medical emergencies; and, in the case of a physician-directed clinic, has one or more of its staff physicians perform the activities accomplished through such an arrangement; "(C) maintains clinical records on all patients; "(D) has arrangements with one or more hospitals, having agreements in effect under section 1866, for the referral and admission of patients requiring inpatient services or such diagnostic or other specialized services as are not available at the clinic; " (E) has written policies, which are developed with the advice of (and with provision for review of such policies from time to time by) a group of professional personnel, including one or more physicians and one or more physician assistants or nurse practitioners, to govern those services described in paragraph (1) which it furnishes; " (F) has a physician, physician assistant, or nurse practitioner responsible for the execution of policies described in subparagraph (E) and relating to the provision of the clinic'services; "(G) directly provides routine diagnostic services, including clinical laboratory services, as prescribed in regulations by the Secretary, and has prompt access to additional diagnostic services from facilities meeting requirements under this title; " (H) in compliance with State and Federal law, has available for administering to patients of the clinic at least such drugs and biologicals as are determined by the Secretary to be necessary for the treatment of emergency cases (as defined in regulations) and

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Page:United States Statutes at Large Volume 91.djvu/1521

 PUBLIC LAW 95-210—DEC. 13, 1977 ', has appropriate procedures or arrangements for storing, administering, and dispensing any drugs and biologicals; " (I) has appropriate procedures for review of utilization of clinic services to the extent that the Secretary determines to be necessary and feasible; and " (J) meets such other requirements as the Secretary may find necessary in the interest of the health and safety of the individuals who are furnished services by the clinic. For the purposes of this title, such term includes only a facility which (i) is located in an area that is not an urbanized area (as defined by the Bureau of the Census) and that is designated by the Secretary either (I) as an area with a shortage of personal health services under section 1302(7) of the Public Health Service Act or (II) as a health manpower shortage area described in section 332(a)(1)(A) of that Act because of its shortage of primary medical care manpower, (ii) has filed an agreement with the Secretary by which it agrees not to charge any individual or other person for items or services for which such individual is entitled to have payment made under this title, except for the amount of any deductible or coinsurance amount imposed with respect to such items or services (not in excess of the amount customarily charged for such items and services by such clinic), pursuant to subsections (a) and (b) of section 1833, (iii) employs a physician assistant or nurse practitioner, and (iv) is not a rehabilitation agency or a facility which is primarily for the care and treatment of mental diseases. A facility that is in operation and qualifies as a rural health clinic under this title or title X IX and that subsequently fails to satisfy the requirement of clause (i) shall be considered, for purposes of this title and title X IX, as still satisfying the requirement of such clause. "(3) The term 'physician assistant' and the term 'nurse practitioner' mean, for the purposes of paragraphs (1) and (2), a physician assistant or nurse practitioner who performs such services as such individual is legally authorized to perform (in the State in which the individual performs such services) in accordance with State law (or the State regulatory mechanism provided by State law), and who meets such training, education, and experience requirements (or any combination thereof) as the Secretary may prescribe in regulations.". (e) Any private, nonprofit health care clinic that— (1) on July 1, 1977, was operating and located in an area which on that date (A) was not an urbanized area (as defined by the Bureau of the Census) and (B) had a supply of physicians insufficient to meet the needs of the area (as determined by the Secretary), and (2) meets the definition of a rural health clinic under section 1861 (aa)(2) or section 1905(1) of the Social Security Act, except for clause (i) of section 1861 (aa)(2), shall be considered, for the purposes of title X VIII or X IX, respectively, of the Social Security Act, as satisfying the definition of a rural health clinic under such section. (f) Section 1862(a)(3) of such Act is amended by striking out "in such cases" and inserting in lieu thereof "in the case of rural health clinic services, as defined in section 1861(aa)(l), and in such other cases". (g) Section 1861(s)(2) of such Act is amended— (1) by striking out "and" at the end of subparagraph (C) (ii); (2) by inserting "and" at the end of subparagraph (D); and

29-194 0 -

sn

91 STAT. 1^187

42 USC 300e-l. 42 USC 254e.

Ante, p. 1485.

42 USC 1396.

42 USC 1395x note.

Ante, p. 1485. Post, p. 1488. 42 USC 1395. 42 USC 1395y. Ante, p. 1485. 42 USC 1395x.

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Page:United States Statutes at Large Volume 91.djvu/1522

 91 STAT. 1488

42 USC 1395x. 42 USC 1395aa. Ante, p. 1485.

Effective date. 42 USC 1395k note.

PUBLIC LAW 95-210—DEC. 13, 1977 (3) by adding the following new subparagraph at the end thereof: " (E) rural health clinic services;". (h) The second sentence of section 1861(s) of such Act is amended by inserting ", a rural health clinic," after "physician's office". (i) Section 1864(a) of such Act is amended— (1) by inserting "or whether a facility therein is a rural health clinic as defined in section 1861 (aa)(2)," in the first sentence after "home health agency,"; (2) by inserting "rural health clinic," in the second sentence after "nursing facility,"; (3) by inserting "rural health clinic," in the last sentence after "facility," the first and second times it appears; and (4) by striking out "such facility" in the last sentence and inserting in lieu thereof "such health care facility, rural health clinic". (j) The amendments made by this section shall apply to services rendered on or after the first day of the third calendar month which begins after the date of enactment of this Act. MEDICAID AMENDMENTS

42 USC 1396d. '

"Rural health clinic services" and "rural health clinic."

42 USC 1396a.

Ante, p. 1485.

SEC. 2. (a) Paragraph (2) of section 1905(a) of the Social Security Act is amended to read as follows: "(2)(A) outpatient hospital services, and (B) consistent with State law permitting such services, rural health clinic services (as defined in subsection (1)) and any other ambulatory services which are offered by a rural health clinic (as defined in subsection (1)) and which are otherwise included in the plan;". (b) Section 1905 of such Act is amended by adding after subsection (k) the following new subsection: "(1) The terms 'rural health clinic services' and 'rural health clinic' have the meanings given such terms in section 1861 (aa), except that (1) clause (ii) of section 1861 (aa)(2) shall not apply to such terms, and (2) the physician arrangement required under section 1861 (aa) (2)(B) shall only apply with respect to rural health clinic services and, with respect to other ambulatory care services, the physician arrangement required shall be only such as may be required under the State plan for those services.". (c) Section 1902(a) of such Act is amended— (1) by striking out the semicolon at the end of paragraph (13) and inserting in lieu thereof "; and", and by adding at the end of such paragraph the following new subparagraph: " (F) for payment for services described in section 1905(a) (2)(B) provided by a rural health clinic under the plan of 100 percent of costs which are reasonable and related to the cost of furnishing such services or based on such other tests of reasonableness, as the Secretary may prescribe in regulations under section 1833(a)(3), or, in the case of services to which those regulations do not apply, on such tests of reasonableness as the Secretary may prescribe in regulations under this subparagraph;"; and (2) by inserting ", or by reason of the fact that the plan provides for payment for rural health clinic services only if those services are provided by a rural health clinic" before the semicolon at the end of paragraph (23).

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Page:United States Statutes at Large Volume 91.djvu/1523

 PUBLIC LAW 95-210—DEC. 13, 1977

91 STAT. 144B9

42 USC 1396i. (d) Section 1910 of such Act is amended— .y...:^.y.^.'>(1) by amending the heading to read as follows: "CERTIFICATION^ AND APPROVAL OR SKILLED NURSING FACILITIES AND OF RURAL H E A L T H CLINICS";

(2) by striking out " (a) " and inserting in lieu thereof "(a) (1)"; (3) by striking out " (b) " and inserting in lieu thereof " (2) "; and (4) by adding at the end thereof the following new subsection: "(b)(1) Whenever the Secretary certifies a facility in a State to be qualified as a rural health clinic under title X VIII, such facility shall be deemed to meet the standards for certification as a rural health clinic for purposes of providing rural health clinic services under this title. "(2) The Secretary shall notify the State agency administering the medical assistance plan of his approval or disapproval of any facility in that State which has applied for certification by him as a qualified rural health clinic". (e) Section 1866(c)(2) of such Act is amended by striking out "section 1910" and inserting in lieu thereof "section 1910(a)". (f)(1) The amendments made by this section shall (except as otherwise provided in paragraph (2)) apply to medical assistance provided, under a State plan approved under title X IX of the Social Security Act, on and after the first day of the first calendar quarter that begins more than six months after the date of enactment of this Act. (2) In the case of a State plan for medical assistance under title X IX of the Social Security Act which the Secretary determines requires State legislation in order for the plan to meet the additional requirements imposed by the amendments made by this section, the State plan shall not be regarded as failing to comply with the requirements of such title solely on the basis of its failure to meet these additional requirements before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of enactment of this Act.

Certification. 42 USC 1395.

Approval.

42 USC 1395cc. Effective date. 42 USC 1395cc note. 42 USC 1396.

DEMONSTRATION PROJECTS FOR PHYSICIAN-DIRECTED CLINICS I N URBAN MEDICALLY UNDERSERVED AREAS

SEC. 3. (a) The Secretary shall provide, through demonstration 42 USC 1395b-l projects, reimbursement on a cost basis for services provided by physi- note. cian-directed clinics in urban medically underserved areas for which payment may be made under title X VIII of the Social Security Act and, notwithstanding any other provision of such title, for services provided by a physician assistant or nurse practitioner employed by such clinics which would otherwise be covered under such title if provided by a physician. (b) The demonstration projects developed under subsection (a) shall Evaluation. be of sufficient scope and carried out on a broad enough scale to allow the Secretary to evaluate fully— (1) the relative advantages and disadvantages of reimbursement on the basis of costs and fee-for-service for physiciandirected clinics employing a physician assistant or nurse practitioner; (2) the appropriate method of determining the compensation for physician services on a cost basis for the purposes of reimbursement of services provided in such clinics; (3) the appropriate definition for such clinics;

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Page:United States Statutes at Large Volume 91.djvu/1524

 91 STAT. 1490

42 USC 1395. Expenditures. 42 USC 1395i. 42 USC 1395t.

Report to Congress.

Definitions. Ante, p. 1485.

PUBLIC LAW 95-210—DEC. 13, 1977 (4) the appropriate criteria to use for the purposes of designating urban medically underserved areas; and (5) such other possible changes in the provisions of title X VIII of the Social Security Act as might be appropriate for the efficient and cost-effective reimbursement of services provided in such clinics. (c) Grants, payments under contracts, and other expenditures made for demonstration projects under this section shall be made in appropriate part from the Federal Hospital Insurance Trust Fund (established by section 1817 of the Social Security Act) and the Federal Supplementary Medical Insurance Trust Fund (established by section 1841 of the Social Security Act). Grants and payments under contracts may be made either in advance or by way of reimbursement, as may be determined by the Secretary, and shall be made in such installments and on such conditions as the Secretary finds necessary to carry out the purpose of this section. With respect to any such grant, payment, or other expenditure, the amount to be paid from each trust fund shall be determined by the Secretary giving due regard to the purposes of the demonstration projects. (d) The Secretary shall submit to the Congress, no later than January 1, 1981, a complete, detailed report on the demonstration projects conducted under subsection (b). Such report shall include any recommendations for legislative changes which the Secretary finds necessary or desirable as a result of carrying out such demonstration projects. (e) As used in this section, the terms "physician assistant" and "nurse practitioner" have the meanings given such terms in section 1861 (aa)(3) of the Social Security Act. REPORT BY THE SECRETARY OF H E A L T H, EDUCATION, AND WELFARE ON MENTAL H E A L T H AND OTHER CENTERS

42 USC 1395ZZ note.

SEC. 4. (a) The Secretary shall submit to the Congress, no later than six months after the date of enactment of this Act, a report on the advantages and disadvantages of extending coverage under title X VIII of the Social Security Act to urban or rural comprehensive mental health centers and to centers for treatment of alcoholism and drug abuse. (b) The report submitted under subsection (a) shall include evaluations of— (1) the need for coverage under such title of services provided by such centers; (2) the extent of present utilization of such centers by individuals eligible for benefits under such title; (3) alternatives to services provided by such centers presently available to individuals eligible for benefits under such title; (4) the appropriate definition for such centers; (5) the types of treatment provided by such centers; (6) present Federal and State funding for such centers; (7) the extent of coverage by private insurance plans for services provided by such centers; (8) present and projected costs of services provided by such centers; (9) availa;ble methods for assuring proper utilization of such centers; (10) the effect of allowing coverage for services provided by such centers on other providers and practitioners; and

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Page:United States Statutes at Large Volume 91.djvu/1525

 PUBLIC LAW 95-210—DEC. 13, 1977

91 STAT. 1491

(11) the need for any demonstration projects for further evaluation of the need for coverage for services provided by such centers. ACCESS TO CERTAIN TAX RETURN INFORMATION BY THE NATIONAL INSTITUTE FOR OCCUPATIONAL SAFETY AND H E A L T H

SEC. 5. Subsection (m) of section 6103 of the Internal Revenue Code of 1954 (relating to disclosure of taxpayer identity information) is 26 USC 6103. amended to read as follows: ,, "(m) DISCLOSURE OF TAXPAYER IDENTITY INFORMATION.—

"(1) TAX REFUNDS.—The Secretary may disclose taxpayer identity information to the press and other media for purposes of notifying persons entitled to tax refunds when the Secretary, after reasonable effort and lapse of time, has been unable to locate such persons. "(2) FEDERAL CLAIMS.—Upon written request, the Secretary may disclose the mailing address of a taxpayer to officers and employees of an agency personally and directly engaged in, and solely for their use in, preparation for any administrative or judicial proceeding (or investigation which may result in such a proceeding) pertaining to the collection or compromise of a Federal claim against such taxpayer in accordance with the provisions of section 3 of the Federal Claims Collection Act of 1966. 31 USC 952. "(3)

NATIONAL INSTITUTE FOR OCCUPATIONAL SAFETY AND

HEALTH.—Upon written request, the Secretary may disclose the mailing address of taxpayers to officers and employees of the National Institute for Occupational Safety and Health solely for the purpose of locating individuals who are, or may have been, exposed to occupational hazards in order to determine the status of their health or to inform them of the possible need for medical care and treatment.". TRANSFER OF PUBLIC H E A L T H SERVICE HOSPITAL I N TEXAS

SEC. 6. If the Secretary acquires the Space Center Memorial Hospital in Nassau Bay, Texas, for the purpose of transferring to it the activities and functions of the Public Health Service hospital in Galveston, Texas, the Secretary may close the Public Health Service hospital in Galveston, Texas. Approved December 13, 1977.

LEGISLATIVE HISTORY: HOUSE REPORTS: No. 95-548, pt. I (Comm. on Ways and Means), No. 95-548, pt. II (Comm. on Interstate and Foreign Commerce), and No. 95-790 (Comm. of Conference). CONGRESSIONAL RECORD, Vol. 123 (1977): Oct. 17, considered and passed House. Oct. 19, considered and passed Senate, amended. Nov. 29, House and Senate agreed to conference report. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 13, No. 51: Dec. 13, Presidential statement.

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Page:United States Statutes at Large Volume 91.djvu/1526

 91 STAT. 1492

PUBLIC LAW 95-211—DEC. 19, 1977

Public Law 95-211 95th Congress An Act Dec. 19, 1977 [H.R. 3722]

Securities and Exchange Commission. Appropriation authorization.

rp^ amend the Securities Exchange Act of 1934 to authorize appropriations for the Securities and Exchange Commission for fiscal year 1978.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 35 of the Securities Exchange Act of 1934 (15 U.S.C. 78kk) is amended— ^ ^ jj^ ^he first sentence thereof, by striking out "and not to exceed" and inserting in lieu thereof a comma; (2) by inserting immediately before the period at the end of the first sentence thereof the following: ", and $63,750,000 for the fiscal year ending September 30, 1978"; and (3) in the last sentence thereof, by striking out "the 1977 fiscal year" and inserting in lieu thereof "fiscal year 1978". Approved December 19, 1977.

LEGISLATIVE HISTORY: HOUSE REPORTS: No. 95-288 (Comm. on Interstate and Foreign Commerce) and 95-832 (Comm. of Conference). SENATE REPORT No. 95-182 accompanying S. 1311 (Comm. on Banking, Housing, and Urban Affairs). CONGRESSIONAL RECORD, Vol. 123 (1977): May. 17, considered and passed House. May. 25, considered and passed Senate, amended, in lieu of S. 1311. Dec. 6, Senate agreed to conference report. Dec. 7, House agreed to conference report.

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Page:United States Statutes at Large Volume 91.djvu/1527

 PUBLIC LAW 95-212—DEC. 19, 1977

91 STAT. 1493

Public Law 95-212 95th Congress An Act To authorize appropriations for fiscal years 1978, 1979, and 1980 to carry out State cooperative programs under the Endangered Species Act of 1973.

Be it BTMcted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 6 of the Endangered Species Act of 1973 (16 U.S.C. 1535) is amended— (1) by striking out the period at the end of subsection (c) and inserting in lieu thereof "; or", and by adding at the end of such subsection the following: "that under the Stats program— "(A) the requirements set forth in paragraphs (3), (4), and (5) of this subsection are complied with, and "(B) plans are included under which immediate attention will be given to those resident species of fish and wildlife which are determined by the Secretary or the State agency to be endangered or threatened and which the Secretary and the State agency agree are most urgently in need of conservation programs; except that a cooperative agreement entered into with a State whose program is deemed adequate and active pursuant to subparagraph (A) and this subparagraph shall not affect the applicability of prohibitions set forth in or authorized pursuant to section 4(d) or section 9 (a)(1) with respect to the taking of any resident endangered or threatened species."; and (2) by amending subsection (i) to read as follows: "(i) APPROPRIATIONS.—For the purposes of this section, there are authorized to be appropriated not to exceed the following sums: "(1) $10,000,000 through the period ending September 30, 1977. " (2) $16,000,000 for the period beginning October 1, 1977, and ending September 30, 1981.". Approved December 19, 1977.

LEGISLATIVE HISTORY: HOUSE REPORTS: No. 95-333 accompanying H.R. 6405 (Comm. on Merchant Marine and Fisheries) and No. 95-823 (Comm. of eonference). SENATE REPORTS: No. 95-186 (Comm. on Environment and Public Works) and No. 95-607 (Comm. of Conference). CONGRESSIONAL RECORD, VoL 123 (1977): May 25, considered and passed Senate. Oct. 18, considered and passed House, amended, in lieu of H.R. 6405. Nov. 29, Senate agreed to conference report. Nov. 30, House agreed to conference report.

Dec. 19, 1977 [S. 1316]

Endangered Species Act of 1973, amendment. Cooperative agreements.

16 USC 1533. 16 USC 1538. Appropriation authorization.

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Page:United States Statutes at Large Volume 91.djvu/1528

 91 STAT. 1494

PUBLIC LAW 95-213—DEC. 19, 1977

Public Law 95-213 95th Congress An Act Dec. 19. 1977 [S. 305]

To amend the Securities Exchange Act of 1934 to make it unlawful for an issuer of securities registered pursuant to section 12 of such Act or an issuer required to file reports pursuant to section 15(d) of such Act to make certain paynients to foreign oflScials and other foreign persons, to require such issuers to maintain accurate records, and for other purposes. Be it ermcted by the Seriate and House of Representatives United States of America in Congress assembled,

of the

Securities Exchange Act of 1934, TITLE I—FOREIGN CORRUPT PRACTICES amendment. Foreign Corrupt SHORT TITLE Practices Act of 1977. SEC. 101. This title may be cited as the "Foreign Corrupt Practices 15 USC 78a note. Act of 1977". ACCOUNTING

Assets, transactions and dispositions. 15 USC 78m. 15 USC 78/. Post, p. 1500. Records, maintenance. Internal accounting controls, establishment.

Exemption directive, issuance and expiration.

STANDARDS

SEC. 102. Section 13(b) of the Securities Exchange Act of 1934 (15 U.S.C. 7 8 q (b)) is amended by inserting " (1) " after " (b) " and by adding a t the end thereof the following: " (2) Every issuer which has a class of securities registered pursuant to section 12 of this title and every issuer which is required to file reports pursuant to section 15(d) of this title shall— " (A) make and keep books, records, and accounts, which, in reasonable detail, accurately and fairly reflect the transactions and dispositions of the assets of the issuer; and " (B) devise and maintain a system of internal accounting controls sufficient to provide reasonable assurances that — " (i) transactions are executed in accordance with management's general or specific authorization; " ( i i) transactions are recorded as necessary (I) to permit preparation of financial statements in conformity with generally accepted accounting principles or any other criteria applicable to such statements, and ( II) to maintain accountability for assets; " ( i i i) access to assets is permitted only in accordance with management's general or specific authorization; and " ( i v) the recorded accountability for assets is compared with the existing assets at reasonable intervals and appropriate action is taken with respect to any differences. " (3)(A) W i t h respect to matters concerning the national security of the United States, no duty or liability under paragraph (2) of this subsection shall be imposed upon any person acting in cooperation with the head of any Federal department or agency responsible for such matters if such act in cooperation with such head of a department or agency was done upon the specific, written directive of the head of such department or agency pursuant to Presidential authority to issue such directives. E a c h directive issued under this paragraph shall set forth the specific facts and circumstances with respect to which the provisions of this paragraph are to be invoked. E a c h such directive shall, unless renewed in writing, expire one year after the date of issuance.

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Page:United States Statutes at Large Volume 91.djvu/1529

 PUBLIC LAW 95-213—DEC. 19, 1977 "(B) Each head of a Federal department or agency of the United States who issues a directive pursuant to this paragraph shall maintain a complete file of all such directives and shall, on October 1 of each year, transmit a summary of matters covered by such directives in force at any time during the previous year to the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate.".

91 STAT. 1495 File maintenance. Annual summary, transmittal to congressional committees.

FOREIGN CORRUPT PRACTICES BY ISSUERS

SEC. 103. (a) The Securities Exchange Act of 1934 is amended by inserting after section 30 the following new section: a FOREIGN" CORRUPT PRACTICES BY ISSUERS

"SEC. 30A. (a) It shall be unlawful for any issuer which has a class 15 USC 78dd-l. of securities registered pursuant to section 12 of this title or which is 15 USC 78/. required to file reports under section 15(d) of this title, or for any Post, p. 1500. officer, director, employee, or agent of such issuer or any stockholder thereof acting on behalf of such issuer, to make use of the mails or any means or instrumentality of interstate commerce corruptly in furtherance of an offer, payment, promise to pay, or authorization of the payment of any money, or oifer, gift, promise to give, or authorization of the giving of anything of value to— "(1) any foreign official for purposes of— "(A) influencing any act or decision of such foreign official in his official capacity, including a decision to fail to perform his official functions; or "(B) inducing such foreign official to use his influence with a foreign government or instrumentality thereof to affect or influence any act or decision of such government or instrumentality, in order to assist such issuer in obtaining or retaining business for or with, or directing business to, any person; "(2) any foreign political party or official thereof or any candidate for foreign political office for purposes of— "(A) influencing any act or decision of such party, official, or candidate in its or his official capacity, including a decision to fail to perform its or his official functions; or " (B) inducing such party, official, or candidate to use its or his influence with a foreign government or instrumentality thereof to affect or influence any act or decision of such government or instrumentality, in order to assist such issuer in obtaining or retaining business for or with, or directing business to, any person; or "(3) any person, while knowing or having reason to know that all or a portion of such money or thing of value will be offered, given, or promised, directly or indirectly, to any foreign official, to any foreign political party or official thereof, or to any candidate for foreign political office, for purposes of— " (A) influencing any act or decision of such foreign official, political party, party official, or candidate in his or its official capacity, including a decision to fail to perform his or its official functions; or "(B) inducing such foreign official, political party, party official, or candidate to use his or its influence with a foreign government or instrumentality thereof to affect or influence

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Page:United States Statutes at Large Volume 91.djvu/1530

 91 STAT. 1496

"Foreign official."

Penalties. Ante, p. 1495.

PUBLIC LAW 95-213—DEC. 19, 1977

any act or decision of such government or instrumentality, in order to assist such issuer in obtaining or retaining business for or with, or directing business to, any person. "(b) As used in this section, the term 'foreign official' means any officer or employee of a foreign government or any department, agency, or instrumentality thereof, or any person acting in an official capacity for or on behalf of such government or department, agency, or instrumentality. Such term does not include any employee of a foreign government or any department, agency, or instrumentality thereof whose duties are essentially ministerial or clerical.". (b)(1) Section 32(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78ff(a)) is amended by inserting "(other than section 30A)" immediately after "title" the first place it appears. (2) Section 32 of the Securities Exchange Act of 1934 (15 U.S.C. 78ff) is amended by adding at the end thereof the following new subsection: "(c)(1) Any issuer which violates section 30A(a) of this title shall, upon conviction, be fined not more than $1,000,000. "(2) Any officer or director of an issuer, or any stockholder acting on behalf of such issuer, who willfully violates section 30A(a) of this title shall, upon conviction, be fined not more than $10,000, or imprisoned not more than five yearSj or both. "(3) Whenever an issuer is found to have violated section 30A(a) of this title, any employee or agent of such issuer who is a United States citizen, national, or resident or is otherwise subject to the jurisdiction of the United States (other than an officer, director, or stockholder of such issuer), and who willfully carried out the act or practice constituting such violation shall, upon conviction, be fined not more than $10,000, or imprisoned not more than five years, or both. "(4) Whenever a fine is imposed under paragraph (2) or (3) of this subsection upon any officer, director, stockholder, employee, or agent of an issuer, such fine shall not be paid, directly or indirectly, by such issuer.". FOREIGN CORRUPT PRACTICES BY DOMESTIC CONCERNS

15 USC 78dcl-2.

SEC. 104. (a) I t shall be unlawful for any domestic concern, other than an issuer which is subject to section 30A of the Securities Exchange Act of 1934, or any officer, director, employee, or agent of such domestic concern or any stockholder thereof acting on behalf of such domestic concern, to make use of the mails or any means or instrumentality of interstate commerce corruptly in furtherance of an offer, payment, promise to pay, or authorization of the payment of any money, or offer, gift, promise to give, or authorization of the giving of anything of value to— (1) any foreign official for purposes of— (A) influencing any act or decision of such foreign official in his official capacity, including a decision to fail to perform his official functions; or (B) inducing such foreign official to use his influence with a foreign government or instrumentality thereof to affect or influence any act or decision of such government or instrumentality, in order to assist such domestic concern in obtaining or retaining business for or with, or directing business to, any person;

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Page:United States Statutes at Large Volume 91.djvu/1531

 PUBLIC LAW 95-213—DEC. 19, 1977

91 STAT. 1497

(2) any foreign political party or official thereof or any candidate for foreign political office for purposes of— (A) influencing any act or decision of such party, official, or candidate in its or his official capacity, including a decision r' to fail to perform its or his official functions; or (B) inducing such party, official, or candidate to use its or his influence with a foreign government or instrumentality thereof to affect or influence any act or decision of such government or instrumentality, in order to assist such domestic concern in obtaining or retaining business for or with, or directing business to, any person; or (3) any person, while knowing or having reason to know that all or a portion of such money or thing of value will be offered, given, or promised, directly or indirectly, to any foreign official, to any foreign political party or official thereof, or to any candidate for foreign political office, for purposes of— •) (A) influencing any act or decision of such foreign official, political party, party official, or candidate in his or its official capacity, including a decision to fail to perform his or its official functions; or (B) inducing such foreign official, political party, party official, or candidate to use his or its influence with a foreign government or instrumentality thereof to affect or influence any act or decision of such government or instrumentality, in order to assist such domestic concern in obtaining or retaining business for or with, or directing business to, any person. (b)(1)(A) Except as provided in subparagraph (B), any domestic Penalties, concern which violates subsection (a) shall, upon conviction, be fined not more than $1,000,000. (B) Any individual who is a domestic concern and who willfully violates subsection (a) shall, upon conviction, be fined not more than $10,000, or imprisoned not more than five years, or both. (2) Any officer or director of a domestic concern, or stockholder acting on behalf of such domestic concern, who willfully violates subsection (a) shall, upon conviction, be fined not more than $10,000, or imprisoned not more than five years, or both. (3) Whenever a domestic concern is found to have violated subsection (a) of this section, any employee or agent of such domestic concern who is a United States citizen, national, or resident or is otherwise subject to the jurisdiction of the United States (other than an officer, director, or stockholder acting on behalf of such domestic concern), and who willfully carried out the act or practice constituting such violation shall, upon conviction, be fined not more than $10,000, or imprisoned not more than five years, or both. (4) Whenever a fine is imposed under paragraph (2) or (3) of this subsection upon any officer, director, stockholder, employee, or agent of a domestic concern, such fine shall not be paid, directly or indirectly, by such domestic concern. (c) Whenever it appears to the Attorney General that any domestic Civil action, concern, or officer, director, employee, agent, or stockholder thereof, is engaged, or is about to engage, in any act or practice constituting a violation of subsection (a) of this section, the Attorney General may, in his discretion, bring a civil action in an appropriate district court of the United States to enjoin such act or practice, and upon a proper showing a permanent or temporary injunction or a temporary restraining order shall be granted without bond.
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Page:United States Statutes at Large Volume 91.djvu/1532

 91 STAT. 1498 Definitions.

Domestic and Foreign Investment Improved Disclosure Act of 1977. 15 USC 78a note. Equity security acquisition, statement, filing. Contents. 15 USC 78/. 15 USC 80a-51.

PUBLIC LAW 95-213—DEC. 19, 1977 (d) As used in this section: (1) The term "domestic concern" means (A) any individual who is a citizen, national, or resident of the United States; or (B) a n j corporation, partnership, association, joint-stock company, business trust, unincorporated organization, or sole proprietorship which has its principal place of business in the United States, or which is organized under the laws of a State of the United States or a territory, possession, or commonwealth of the United States. (2) The term "foreign official" means any officer or employee of a foreign government or any department, agency, or instrumentality thereof, or any person acting in an official capacity for or on behalf of any such government or department, agency, or instrumentality. Such term does not include any employee of a foreign government or any department, agency, or instrumentality thereof whose duties are essentially ministerial or clerical. (3) The term "interstate commerce" means trade, commerce, transportation, or communication among the several States, or between any foreign country and any State or between any State and any place or ship outside thereof. Such term includes the intrastate use of (A) a telephone or other interstate means of communication, or (B) any other interstate instrumentality. TITLE II—DISCLOSURE SEC. 201. This title may be cited as the "Domestic and Foreign Investment Improved Disclosure Act of 1977". SEC. 202. Section 13(d)(1) of the Securities Exchange Act of 1934 (15 U.S.C. 78m) is amended to read as follows: "(d)(1) Any person who, after acquiring directly or indirectly the beneficial ownership of any equity security of a class which is registered pursuant to section 12 of this title, or a,nj equity security of an insurance company which would have been required to be so registered except for the exemption contained in section 12(g)(2)(G) of this title, or any equity security issued by a closed-end investment company registered under the Investment Company Act of 1940, is directly or indirectly the beneficial owner of more than 5 per centum of such class shall, within ten days after such acquisition, send to the issuer of the security at its principal executive office, by registered or certified mail, send to each exchange where the security is traded, and file with the Commission, a statement containing such of the following information, and such additional information, as the Commission may by rules and regulations, prescribe as necessary or appropriate in the public interest or for the protection of investors— "(A) the background, and identity, residence, and citizenship of, and the nature of such beneficial ownership by, such person and all other persons by whom or on whose behalf the purchases have been or are to be effected; "(B) the source and amount of the funds or other consideration used or to be used in making the purchases, and if any part of the purchase price is represented or is to be represented by funds or other consideration borrowed or otherwise obtained for the purpose of acquiring, holding, or trading such security, a description of the transaction and the names of the parties thereto, except that where a source of funds is a loan made in the ordinary course of business by a bank, as defined in section 3(a)(6) of this title, if the person filing such statement so requests, the name of the bank shall not be made available to the public;

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Page:United States Statutes at Large Volume 91.djvu/1533

 PUBLIC LAW 95-213—DEC. 19, 1977 "(C) if the purpose of the purchases or prospective purchases is to acquire control of the business of the issuer of the securities, any plans or proposals which such persons may have to liquidate such issuer, to sell its assets to or merge it with any other persons, or to make any other major change in its business or corporate structure; "(D) the number of shares of such security which are beneficially owned, and the number of shares concerning which there is a right to acquire, directly or indirectly, by (i) such person, and (ii) by each associate of such person, giving the background, identity, residence, and citizenship of each such associate; and " (E) information as to any contracts, arrangements, or understandings with any person with respect to any securities of the issuer, including but not limited to transfer of any of the securities, joint ventures, loan or option arrangements, puts or calls, guaranties of loans, guaranties against loss or guaranties of profits, division of losses or profits, or the giving or withholding of proxies, naming the persons with whom such contracts, arrangements, or understandings have been entered into, and giving the details thereof.". SEC. 203. Section 13 of the Securities Exchange Act of 1934, as amended (15 U.S.C. 78m), is amended by adding at the end thereof the following new subsection: "(g)(1) ^^J person who is directly or indirectly the beneficial owner of more than 5 per centum of any security of a class described in subsection (d)(1) of this section shall send to the issuer of the security and shall file with the Commission a statement setting forth, in such form and at such time as the Commission may, by rule, prescribe— "(A) such person's identity, residence, and citizenship; and "(B) the number and description of the shares in which such person has an interest and the nature of such interest. "(2) If any material change occurs in the facts set forth in the statement sent to the issuer and filed with the Commission, an amendment shall be transmitted to the issuer and shall be filed with the Commission, in accordance with such rules and regulations as the Commission may prescribe as necessary or appropriate in the public interest or for the protection of investors. "(3) When two or more persons act as a partnership, limited partnership, syndicate, or other group for the purpose of acquiring, holding, or disposing of securities of an issuer, such syndicate or group shall be deemed a 'person' for the purposes of this subsection. "(4) In determining, for purposes of this subsection, any percentage of a class of any security, such class shall be deemed to consist of the amount of the outstanding securities of such class, exclusive of any securities of such class held by or for the account of the issuer or a subsidiary of the issuer. "(5) In exercising its authority under this subsection, the Commission shall take such steps as it deems necessary or appropriate in the public interest or for the protection of investors (A) to achieve centralized reporting of information regarding ownership, (B) to avoid unnecessarily duplicative reporting by and minimize the compliance burden on persons required to report, and (C) to tabulate and promptly make available the information contained in any report filed pursuant to this subsection in a manner which will, in the view of the Commission, maximize the usefulness of the information to other Federal and State agencies and the public.

91 STAT. 1499 ,

Equity security ownership, statement, filing.

Amendments,

"Person."

Information, availability,

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Page:United States Statutes at Large Volume 91.djvu/1534

 91 STAT. 1500

PUBLIC LAW 95-213—DEC. 19, 1977

Exemption.

" (6) The Commission may, by rule or order, exempt, in whole or in part, any person or class of persons from any or all of the reporting requirements of this subsection as it deems necessary or appropriate in the public interest or for the protection of investors. Report to "(h) The Commission shall report to the Congress within thirty Congress. months of the date of enactment of this subsection with respect to (1) the effectiveness of the ownership reporting requirements contained in this title, and (2) the desirability and the feasibility of reducing or otherwise modifying the 5 per centum threshold used in subsections Ante, p. 1498. (d)(1) and (g)(1) of this section, giving appropriate consideration to— " (A) the incidence of avoidance of reporting by beneficial owners using multiple holders of record; "(B) the cost of compliance to persons required to report; "(C) the cost to issuers and others of processing and disseminating the reported information; "(D) the effect of such action on the securities markets, including the system for the clearance and settlement of securities transactions; " (E) the benefits to investors and to the public; " (F) any bona fide interests of individuals in the privacy of their financial affairs; "(G) the extent to which such reported information gives or would give any person an undue advantage in connection with 15 USC 78m, activities subject to sections 13(d) and 14(d) of this title; 78n. " (H) the need for such information in connection with the administration and enforcement of this title; and " (I) such other matters as the Commission may deem relevant, including the information obtained pursuant to section 13(f) of this title.". "Held of record." SEC. 204. Section 15(d) of the Securities Exchange Act of 1934 is 15 USC 78o. amended by inserting immediately before the last sentence the following new sentence: "The Commission may, for the purpose of this subsectioil, define by rules and regulations the term 'held of record' as it deems necessary or appropriate in the public interest or for the protection of investors in order to prevent circumvention of the provisions of this subsection.". •

Approved December 19, 1977.

LEGISLATIVE HISTORY: HOUSE REPORTS: No. 95-640 accompanying H.R. 3815 (Comm. on Interstate and Foreign Commerce) and No. 95-831 (Comm. of Conference). SENATE REPORT No. 95-114 (Comm. on Banking, Housing, and Urban Affairs). CONGRESSIONAL RECORD, Vol. 123 (1977): May. 5, considered and passed Senate. Nov. 1, considered and passed House, amended, in lieu of H.R. 3815. Dec. 6, Senate agreed to conference report. Dec. 7, House agreed to conference report. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 13, No. 52: Dec. 20, Presidential statement.

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Page:United States Statutes at Large Volume 91.djvu/1535

 PUBLIC LAW 95-214^DEC. 19, 1977

91 STAT. 1501

Public Law 95-214 95th Congress An Act To amend title IV of the Employee Retirement Income Security Act of 1974 to postpone, for two years, the date on which the corporation first begins paying benefits under terminated multiemployer plans.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) section 4082(c) of the Employee Ketirement Income Security Act of 1974 (relating to effective dates; special rules) is amended— (1) by striking "January 1, 1978" in paragraph (1) and substituting "July 1, 1979"; (2) by striking "January 1, 1978" in paragraph (2) and substituting "July 1, 1979"; (3) by striking "December 31, 1977" in paragraph (2)(B) and substituting "June 30, 1979"; (4) by striking "January 1, 1978" in paragraph (4) and substituting "July 1, 1979"; (5) by striking "December 31, 1977" in paragraph (4)(D) and substituting "June 30, 1979". (b) Section 4082 of such Act is amended by adding at the end thereof the following new subsections: "(d) The corporation shall present to the Committee on Education and Labor of the House of Representatives and the Committee on Human Resources and the Committee on Finance of the Senate a report which comprehensively addresses the anticipated financial condition of the program relating to mandatory coverage of multiemployer plans, including possible events which might cause the corporation to experience serious financial difficulty after July 1, 1979. Such report shall include an explanation of any alternative courses of action which might be taken by the corporation to insure proper coverage of multiemployer plans and the proper financing of the program relating to such plans. If the report contains recommendations for amendments to this title, such recommendations shall be fully explained, and shall be accompanied by explanations of other options for legislative change considered and rejected by the corporation. The report shall be presented by July 1, 1978.

Dec. 19. 1977 [H.R. 9378]

Employee Retirement Income Security Act of 1974, amendment. 29 USC 1381.

Report to congressional committees.

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Page:United States Statutes at Large Volume 91.djvu/1536

 91 STAT. 1502 29 USC 1301. 29 USC 1322. Effective date.

29 USC 1306.

PUBLIC LAW 95-214—DEC. 19, 1977 "(e) Notwithstanding any provision of title IV of this Act to the contrary, the annual insurance premium payable to the Pension Benefit Guaranty Corporation for coverage of basic benefits guaranteed under section 4022 of this Act by plans that are not multiemployer plans shall be $2.60 for each participant in the plan. This subsection shall be effective for plan years beginning on or after January 1, 1978, and the premium prescribed by this subsection shall be deemed to be the rate imposed by title IV oi this Act for non-multiemployer plans until the rate schedule for such plans is revised pursuant to the procedure set out in section 4006 of this Act.". Approved December 19, 1977.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-706 (Comm. on Education and Labor). SENATE REPORT No. 95-570 accompanying S. 2125 (Comm. on Human Resources and Comm. on Finance). CONGRESSIONAL RECORD, Vol. 123 (1977): Nov. 1, considered and passed House. Nov. 3, considered and passed Senate, amended. Dec. 7, House agreed tQ Senate amendments.

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Page:United States Statutes at Large Volume 91.djvu/1537

 PUBLIC LAW 95-215—DEC. 19, 1977

91 STAT. 1503

Public Law 95-215 95th Congress An Act To amend the conditions for scliools receiving capitation grants under section 770 of such Act, and for other purposes.

Dec. 19, 1977 [H.R. 9418]

Be it enacted by the Senate UTid House of Representatives of the United States of America in Congress assembled, That (a) section Public Health 771 (b)(3) of the Public Health Service Act is amended to read as Service Act, amendment. follows: "(3] (A) Except as provided under subparagraph (D), a school of Medical schooli! grant eligibility, medicine may not receive a grant under section 770 to be made in the Hscal year 1978. fiscal year ending September 30, 1978, unless its application for such Enrollment grant contains or is supported by assurances satisfactory to the Secre- requirements. tary that such school will increase its enrollment of full-time, third- 42 USC 295f-l. 42 USC 295f. year students as prescribed by subparagraph (B). "(B) The enrollment increase referred to in subparagraph (A) is an enrollment increase in a school of medicine— " (i) which is to occur in school year 1978-1979, "(ii) in the number of full-time, third-year students over the number of full-time, second-year students who successfully completed the second-year program of such school in the preceding school year and enrolled in the third-year class of such school, and "(iii) which is not less than 5 per centum of the number of— " (I) full-time, first-year students enrolled in such school in school year 1977-1978, or " (II) full-time, third-year students enrolled in such school in school year 1977-1978, whichever is less. "(C) In determining the number of full-time, third-year students Enrollment enrolled in a school in a school year in which an increase is required increase, criteria. by subparagraph (B)(i) — "(i) full-time, third-year students of such school who were not second-year students in such school and— " (I) who are not citizens of the United States, " (II) who were previously enrolled in a school of medicine to which the requirement of subparagraph (A) applies, "(III) who were previously enrolled in a school of medicine to which the requirement of subparagraph (A) does not apply because of subparagraph (D) and for whom a position in the third-year class of such school was available in such school year, " (IV) who first enrolled after October 12, 1976, in a school » ! of medicine not in a State, " (V) who were previously enrolled in a school of dentistry . > or a school of osteopathy, or " ( VI) who were previously enrolled in a school of medicine which is in a State and which is not accredited by the body or bodies approved for such purpose by the Commissioner of Education, shall not be counted; and

29-194

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Page:United States Statutes at Large Volume 91.djvu/1538

 91 STAT. 1504

Waiver.

42 USC 295f.

First time enrollees. 42 USC 295f-2. Ante, p. 1503; Infra. Dental specialty programs. 42 USC 295f-l.

Public health schools, traineeship grants. 42 USC 294r.

PUBLIC LAW 95-215—DEC. 19, 1977 "(ii) full-time, second-year students enrolled in such year who are citizens of the United States and who were first enrolled before October 12, 1976, in a school of medicine not in a State shall be counted as third-year students. "(D) The Secretary may waive (in whole or in part) the requirement of subparagraph (A) for a school of medicine— "(i) if the Secretary determines, after receiving the written recommendation of the appropriate accreditation body or bodies (approved for such purpose by the Commissioner of Education) that compliance by such school with such requirement will prevent it from maintaining its accreditation; " (ii) upon a finding that, because of the inadequate size of the population served by the hospital or clinical facility in which such school conducts its clinical training, an increase in its enrollment of third-year students to meet such requirement will prevent it from providing high quality clinical training for each of its thirdyear students; or "(iii) if the Secretary determines that such school has made a good faith effort to meet the requirement of subparagraph (A) but has been unable to meet such requirement solely because there is an insufficient number of students who, under this paragraph, are eligible to be counted in determining if the school has met such requirement. The requirement of subparagraph (A) does not apply to the application of a school of medicine for a grant under section 770 if in school year 1977-1978 such school had an enrollment of full-time, first-year students which exceeded its enrollment in such school year of full-time, third-year students by at least 25 per centum. " (E) A school of medicine which did not receive a grant under section 770 because it did not comply with the applicable requirements of this paragraph shall not be eligible to receive a grant under such section to be made in the fiscal year ending September 30, 1979, or in the next fiscal year.". (b) Section 772 of the Public Health Service Act is amended by adding at the end thereof the following new subsection: " (e) For purposes of administering the requirements of section 771, a reference to a year class of students is a reference to students enrolled in that class for the first time.". SEC. 2. Section 771(d)(2) of the Public Health Service Act is amended (1) by striking out "In" and inserting in lieu thereof "In the case of a school of dentistry which in school year 1976-1977 had at least six filled, first-year positions in dental specialty programs, in", (2) by striking out "a school of dentistry's" and inserting in lieu thereof "such a school's", (3) by striking out "filled positions" each place it occurs and inserting in lieu thereof "filled, first-year positions", and (4) by striking out "shall be positions" and inserting in lieu thereof "shall be first-year positions". SEC. 3. (a) Subsection (a) of section 748 of the Public Health Service Act is amended to read as follows: "(a) The Secretary may make grants to— "(1) accredited schools of public health, and "(2) other public or nonprofit institutions which provide graduate or specialized training in public health and which are not eligible to receive a grant under section 749, to provide traineeships.".

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Page:United States Statutes at Large Volume 91.djvu/1539

 PUBLIC LAW 95-215—DEC. 19, 1977

91 STAT. 1505

(b) Section 748(b)(3)(B) of such Act is amended (1) by striking 42 USC 294r, out "or" at the end of clause (iii), (2) by striking out the period at the end of clause (iv) and inserting in lieu thereof ", or" and (3) by adding after such clause the following: ^ "(v) preventive medicine or dentistry.". (c) Section 748(c) of such Act is amended (1) by striking out Appropriation "$8,000,000" and inserting in lieu thereof "$9,000,000", and (2) by authorization. striking out "$9,000,000" and inserting in lieu thereof "$10,000,000". (d) The heading for section 748 of such Act is amended to read as follows: ((PUBLIC H E A L T H TRAINEESHIPS. SEC. 4. (a) Subsection (a)(1) of section 731 of the Public Health Service Act (relating to eligibility of student borrowers and terms of federally insured student loans) is amended to read as follows: "(1) made to— "(A) a student who— " (i)(I) has been accepted for enrollment at an eligible institution, or (II) in the case of a student attending an eligible institution, is in good standing at that institution, as determined by the institution; "(ii) is or will be a full-time student (as defined in section 770(c)(2)) at the eligible institution; _ "(iii) in the case of a student in a school of medicine, osteopathy, or dentistry, has been authorized by the institution in accordance with section 739(b)(2) to receive a loan under this subpart; "(iv) has agreed that all funds received under such loan shall be used solely for tuition and other reasonable educational expenses, including fees, books, and laboratory expenses, incurred by such students; "(v) for the school year for which such loan is made, receives no funds from a loan insured under a Federal, State, or nonprofit program provided or assisted under part B o f title IV of the Higher Education Act of 1965; and "(vi) in the case of a pharmacy student, has satisfactorily completed three years of training; or "(B) an individual who— "(i) has previously had a loan insured under this subpart when the individual was a full-time student at an eligible institution; "(ii) is in a period during which, pursuant to paragraph (2), the principal amount of such previous loan need not be paid; and "(iii) has agreed that all funds received under the proposed loan shall be used solely for repayment of interest due on previous loans made under this subpart; and", (b) Subsection (a)(2) of such section is amended— (1) by inserting before the semicolon at the end of subparagraph (D) the following: ", except that the note or other written agreement may provide that payment of any interest otherwise payable (i) before the beginninsf of the repayment period, (ii) during any period described in subparagraph (C), or (iii) during any other period of forbearance of payment of principal, may be deferred until not later than the date upon which repayment of

42 USC 294d.

,

42 USC 295f. 42 USC 294/.

20 USC 1071.

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Deferred interest.

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Page:United States Statutes at Large Volume 91.djvu/1540

 91 STAT. 1506

42 USC 294d.

42 USC 294. 42 USC 294a. Supra.

Ante, p. 1505. 42 USC 294a. 42 USC 294b.

42 USC 294d. 42 USC 294e.

42 USC 294f. 42 USC 294k. 42 USC 294/. 42 USC 294j.

Ante, p. 1503. Effective date. 42 USC 294d note. National Health Service eorps Scholarship program, application approval. 42 USC 294t.

PUBLIC LAW 95-215—DEC. 19, 1977

the first installment of principal falls due or the date repayment of principal is required to resume (whichever is applicable) and may further provide that, on such date, the amount of the interest which has so accrued may be added to the p r i n c i p a l "; and (2) by striking out "student" in subparagraph (E). (c) Subsection (b) of such section (relating to maximum interest rates) is amended by striking out "10 percent per a n n u m " and inserting in lieu thereof "12 percent per annum". (d) Such section is further amended by adding after subsection (c) the following new subsection: " (d) No provision of any law of the United States (other than subsections (a)(2)(D) and (b) of this section) or of any State that limits the rate or amount of interest payable on loans shall apply to a loan insured under this subpart.". (e) Subpart I of part C of title VII of the Public Health Service Act is amended as follows: (1) I n section 7 2 7 (a), i n s e r t " (and certain former students o f) " after "students in". (2) I n the first sentence of section 7 2 8 (a), strike out "students" and insert in lieu thereof "borrowers". (3) I n the second sentence of section 728(a), insert "or to obtain a loan under section 731(a)(1)(B) to pay interest on such prior loans" after "to continue or complete their educational program". (4) I n section 728(c), strike out "student". (5) I n the second sentence of section 729(a) — (A) strike out "student" the first time it appears and insert in lieu thereof "borrower"; and (B) insert "borrower who is or was a" before "student" the second and t h i r d time it appears. (6) I n section 731(a)(2)(B), strike out "student" and insert in lieu thereof "borrower". (7) I n the heading to section 731, strike out "STUDENT". (8) I n subsections (a) and (b)(2) of section 732, strike out "student" and insert in lieu thereof "borrower" each time it appears. (9) I n subsections (b)(1) and (e) of section 732, strike out "student". (10) I n section 733, strike out "student" each time it appears. (11) I n the heading to section 733, strike out "STUDENT" and insert in lieu thereof "BORROWER". (12) I n section 738, strike out "student". (13) I n section 7 3 9 (a)(1), strike out "student" and insert in lieu thereof "borrower". (f) Section 737(1) of the Public Health Service Act is amended (1) by striking out "and public health" and inserting in lieu thereof "or public health", and (2) by inserting " (A) " after " that " and by inserting before the period the following: ", or (B) was not eligible to receive such a g r a n t for such fiscal year solely because it did not meet the applicable requirements of section 771(b)(3) ". (g) The amendments made by this section shall take effect on October 1, 1977. SEC. 5. Effective October 1, 1977, section 751(d)(2) of the Public Health Service Act is amended to read as follows: " (2) second, to applications made (and contracts submitted) — " (A) for the school year beginning in calendar year 1978, by individuals who are entering their first, second, or t h i r d

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