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 PUBLIC LAW 94-566—OCT. 20, 1976

90 STAT. 2 6 8 5

each fiscal year which begins after September 30, 1976, and ends prior to October 1, 1979, in carrying out the State plan approved pursuant to such subsection (b). " (2)(A) Of the funds paid by the Secretary with respect to costs, incurred in any State, to which paragraph (1) applies, not more than 10 per centum thereof shall be paid with respect to costs incurred with respect to activities described in subsection (b)(1)(A), (B), and (C). '•(B) Whenever there are provided pursuant to this section to any child services of a type which is appropriate for children who are not blind or disabled, there shall be disregarded for purposes of comp u t i n g any payment with respect thereto under this subsection, so much of the costs of such services as would have been incurred if the child involved h a d not been blind or disabled. " (C) The total amount payable under this subsection for any fiscal year, with respect to services provided in any State, shall be reduced by the amount by which the sum of the public funds expended (as determined by the Secretary) from non-Federal sources to r services of the type involved for such fiscal year is less than the sum of such funds expended from such sources for services of such type for the fiscal year ending June 30, 1976. " (3) Xo payment under this subsection with respect to costs incurred in providing services in any State for any fiscal year shall exceed a n amount which bears the same ratio to $30,000,000 as the under age 7 population of such State (and for purposes of this section the District of Columbia shall be regarded as a State) bears to the under age 7 population of the fifty States and the District of Columbia. The Secretary shall promulgate the limitation applicable to each State for each fiscal year under this paragraph on the basis of the most recent satisfactory data available from the Department of Commerce not later than 90 n o r earlier than 270 days before the beginning of such year." (b) PUBLICATION OF CRITERIA.—The Secretary shall, within 120 42 USC 1382d days after the enactment of this subsection, publish criteria to be note.

employed to determine disability (as defined in section 1614(a)(3) of the Social Security Act) in the case of persons who have not attained the age of 18. SEC. 502. INCOME OF EACH MEMBER OF MARRIED COUPLE TO BE APPLIED SEPARATELY IN DETERMINING SSI BENEFIT PAYMENTS WHEN ONE OF THEM IS IN AN INSTITUTION. Section 1611(e)(1)(B) (ii) of the Social Security Act is amended to read as follows: " ( i i) in the case of a n individual who has an eligible spouse, if only one of them is in such a hospital, home or facility throughout such month, at a rate not in excess of the sum of— " (I) the rate of $300 p e r year (reduced by the amount of any income, not excluded pursuant to section 1612(b), of the one who is in such hospital, home, or facility), and " ( II) the applicable rate specified in subsection (b)(1) (reduced by the amount of any income, not excluded pursuant to section 1612(b), of the other); and". SEC. 503. PRESERVATION OF MEDICAID ELIGIBILITY FOR INDIVIDUALS WHO CEASE TO BE ELIGIBLE FOR SUPPLEMENTAL SECURITY INCOME BENEFITS ON ACCOUNT OF COST-OFLIVING INCREASES IN SOCIAL SECURITY BENEFITS. I n addition to other requirements imposed by law as a condition for the approval of any State plan under title X IX of the Social

89-194 O—78—pt. 2

77

42 USC 1382c.

42 USC 1382.

42 USC 1382a.

42 USC 1396a note.

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Page:United States Statutes at Large Volume 90 Part 2.djvu/1218

 90 STAT. 2686 42 USC 1396.

42 USC 401. 42 USC 1381.

42 USC 1382e. 87 Stat. 155.

PUBLIC LAW 94-566—OCT. 20, 1976

Security Act, there is hereby imposed the requirement (and each such State plan shall be deemed to require) that medical assistance under such plan shall be provided to any individual, for any month after June 1977 for which such individual is entitled to a monthly insurance benefit under title II of such Act but is not eligible for benefits under title X VI of such Act, in like manner and subject to the same terms and conditions as are applicable under such State plan in the case of individuals who are eligible for and receiving benefits under such title X VI for such month, if for such month such individual would be (or could become) eligible for benefits under such title X VI except for amounts of income received by such individual and his spouse (if any) which are attributable to increases in the level of monthly insurance benefits payable under title II of such Act which have occurred pursuant to section 215(i) of such Act, in the case of such individual, since the last month after April 1977 for which such individual was both eligible for (and received) benefits under such title X VI and was entitled to a monthly insurance benefit under such title II, and, in the case of such individual's spouse (if any), since the last such month for which such spouse was both eligible for (and received) benefits under such title X VI and was entitled to a monthly insurance benefit under such title II. Solely for purposes of this section, payments of the type described in section 1616(a) of the Social Security Act or of the type described in section 212(a) of Public Law 93-66 shall be deemed to be benefits under title X VI of the Social Security Act. SEC. 504. STATE SUPPLEMENTATION OF BENEFITS UNDER SUPPLEMENTAL SECURITY INCOME PROGRAM. (a) LIMITATION ON STATE COSTS.—Section 401(a)(2) of the Social

42 USC 1382e note.

Security Amendments of 1972 is amended— (1) by inserting "(subject to the second sentence of this paragraph)" immediately after "Act" where it first appears in subparagraph (B), and (2) by adding at the end thereof the following new sentence: "In determining the difference between the level specified in subparagraph (A) and the benefits and income described in subparagraph (B) there shall be excluded any part of any such benefit which results from (and would not be payable but for) any cost-of-living increase in such benefits under section 1617 of such Act (or any general increase enacted by law in the dollar amounts referred to in such section) becoming effective after June 30, 1977, and before July 1, 1979.". (b) EFFECTIVE DATE.—The provisions of this section shall be effective with respect to benefits payable for months after June 1977. SEC. 505. ELIGIBILITY OF INDIVIDUALS IN CERTAIN INSTITUTIONS.

42 USC 1382.

"Public institution." 42 USC 1382a.

(a) IN GENERAL.—Section 1611(e)(1) of the Social Security Act is amended by striking out "subparagraph (B) " in subparagraph (A) and inserting in lieu thereof "subparagraph (B) and (C) "; and by adding at the end thereof the following new subparagraph: "(C) As used in subparagraph (A), the term 'public institution' does not include a publicly operated community residence which serves no more than 16 residents.". (b) CONFORMING AMENDMENT.—Section 1612(b)(6) of such Act is amended by striking out "assistance described in section 1616(a) which" and inserting in lieu thereof "assistance, furnished to or on behalf of such individual (and spouse), which".

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Page:United States Statutes at Large Volume 90 Part 2.djvu/1219

 PUBLIC LAW 94-566—OCT. 20, 1976

90 STAT. 2687

(c) EEPEAL OF LIMITATION ON PAYMENT.—Section 1616(e) of such Act is repealed. (d) STATES TO ESTABLISH STANDARDS.—Effective October 1, 1977, section 1616(e) of such Act is amended to read as follows: "(e)(1) Each State shall establish or designate one or more State or local authorities which shall establish, maintain, and insure the enforcement of standards for any category of institutions, foster homes, or group living arrangements in which (as determined by the State) a significant number of recipients of supplemental security income benefits is residing or is likely to reside. Such standards shall be appropriate to the needs of such recipients and the character of the facilities involved, and shall govern such matters as admission policies, safety, sanitation, and protection of civil rights. "(2) Each State shall annually make available for public review, as a part of the services program planning procedures established pursuant to section 2004 of this Act, a summary of the standards established pursuant to paragraph (1), and shall make available to any interested individual a copy of such standards, along with the procedures available in the State to insure the enforcement of such standards and a list of any waivers of such standards and any violations of such standards which have come to the attention of the authority responsible for their enforcement. "(3) Each State shall certify annually to the Secretary that it is in compliance with the requirements of this subsection. "(4) Payments made under this title with respect to an individual shall be reduced by an amount equal to the amount of any supplementary payment (as described in subsection (a)) or other payment made by a State (or political subdivision thereof) which is made for or on account of any medical or any other type of remedial care provided b j an institution of the type described in paragraph (1) to such individual as a resident or an inpatient of such institution if such institution is not approved as meeting the standards described in such paragraph by the appropriate State or local authorities.". (e) EFFECTIVE DATE.—The amendments and repeals made by this section, unless otherwise specified therein, shall take effect on October 1, 1976.

Repeal. 42 USC 1382e. State standards.

Annual public review. 42 USC 1397c.

Annual certification. Payments to individuals.

42 USC 1382 note.

SEC. 506. ELECTION OF LOCAL GOVERNMENTS TO USE REIMBURSEMENT METHOD.

(a) IN GENERAL.—Paragraph (2) of section 3309(a) of the Internal Revenue Code of 1954 (relating to State law requirements) is" amended— (1) by striking out "an organization" and insertin;^ in lieu thereof "a governmental entity or any other organization", (2) by striking out "paragraph (1)(A) " and inserting in lieu thereof "paragraph (1)", and (3) by striking out "that organizations" and inserting in lieu thereof "that governmental entities or other organizations". (b) TECHNICAL AMENDMENT.—Subparagraph (B) of section 3304 (a)(6) of such Code is amended by striking out "section 3309(a) (1)(A) " and inserting in lieu thereof "section 3309(a)(1)"._ (c) EFFECTIVE DATE.—The amendments made by this section shall apply with respect to certifications of States for 1978 and subsequent years, but only with respect to services performed after December 31, 1977.

26 USC 3309.

26 USC 3304. 26 USC 3304 note.

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Page:United States Statutes at Large Volume 90 Part 2.djvu/1220

 90 STAT. 2688

PUBLIC LAW 94-566—OCT. 20, 1976

SEC. 507. AFDC BENEFITS WHERE UNEMPLOYED FATHER RECEIVES UNEMPLOYMENT COMPENSATION. 42 USC 607. (a) IN GENERAL.—Section 407(b)(2) of the Social Security Act is amended—(1) by striking out "and" at the end of subparagraph (B); and (2) by striking out subparagraph (C) and inserting in lieu thereof the following: •'(C) for the denial of aid to families with dependent children to any child or relative specified in subsection (a)— •'(i) if and for so long as such child's father, unless exempt under section 402(a) (19)(A), is not registered pursuant to such section for the work incentive program established under part C of this title, or, if he is exempt under such section by reason of clause (iii) thereof or no such program in which he can effectively participate has been established or provided under section 432(a), is not registered with the public employment offices in the State, and "(ii) with respect to any week for which such child's father qualifies for unemployment compensation under an unemployment compensation law of a State or of the United States, but refuses to apply for or accept such unemployment compensation; and "(D) for the reduction of the aid to families with dependent children otherwise payable to any child or relative specified in subsection (a) by the amount of any unemployment compensation that such child's father receives under an unemployment compensation law of a State or of the United States.", (b) CONFORMING PROVISION.—Section 407(d)(3) of such Act is amended by inserting ", for purposes of section 407(b)(1)(C)," before "be deemed". 42 USC 607 note. (c) EFFECTIVE DATE.—The amendments made by the preceding provisions of this section shall be effective with respect to months after (and weeks beginning in months after) the date of the enactment of this Act. (d) SIMPLIFICATION OF PROCEDURES.—Section 407 of the Social Security Act is further amended by adding at the end thereof the following new subsection: "(e) The Secretary of Health, Education, and Welfare and the Secretary of Labor shall jointly enter into an agreement Vs^ith each State which is able and willing to do so for Qie purpose of (1) simplifying the procedures to be followed by unemployed fathers and other unemployed persons in such State in registering pursuant to 42 USC 602. section 402(a) (19) for the work incentive program established by 42 USC 630 et part C of this title and in registering with public employment offices ^e?(under this section and otherwise) or in connection with applications for unemployment compensation, by reducing the number of locations or agencies where such persons must go in order to register for such programs and in connection with such applications, and (2) providing where possible for a single registration satisfying this section and the requirements of both the work incentive program and the applicable unemployment compensation laws.".

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Page:United States Statutes at Large Volume 90 Part 2.djvu/1221

 PUBLIC LAW 94-566—OCT. 20, 1976

9 0 STAT. 2689

SEC. 508. STATE EMPLOYMENT OFFICES TO SUPPLY DATA IN AID OF ADMINISTRATION OF AFDC AND CHILD SUPPORT PROGRAMS. (a) IN GENERAL.—Section 3(a) of the Act entitled " A n Act to provide for the establishment of a national employment system and for cooperation with the States in the promotion of such system, and for other purposes", approved June 6, 1933 (29 U.S.C. 4 9 b (a)), is amended by a d d i n g a t the end thereof the following new sentence: " I t shall be the further d u t y of the bureau to assure that such employment offices in each State, upon request of a public agency administering or supervising the administration of a State plan approved under part A of title IV of the Social Security Act or of a public agency 42 USC 601 et charged with any duty or responsibility under any program or activity ^^1authorized or required under part D of title IV of such Act, shall 42 USC 651 et (and, notwithstanding any other provision of law, is hereby author- •'^f ized to) furnish to such agency making the request, from any data contained in the files of any such employment office, information with respect to any individual specified in the request as to (A) whether such individual is receiving, has received, or has made application for, unemployment compensation, and the amount of any such compensation being received by such individual, (B) the current ( o r most recent) home address of such individual, and (C) whether such pidividual has refused an offer of employment and, if so, a description of the employment so offered and terms, conditions, and rate of p a y therefor.". (b)

PROVISION FOR REIMBURSEMENT OF E X P E N S E S. — For purposes

42 USC 603a.

of section 403 of the Social Security Act, expenses incurred to reimburse State employment offices for furnishing information requested of such offices pursuant to the third sentence of section 3(a) of the Act entitled " A n Act to provide for the establishment of a national employment system and for cooperation with the States in the promotion of such system, and for other purposes", approved June 6, 1933 (29 TT.S.C. 4 9 b (a), by a State o r local agency administering a State plan approved under part A of title IV of the Social Security Act shall be considered to constitute expenses incurred in the administration of such State p l a n; and for purposes of section 455 of the Social Security Act, expenses incurred to reimburse State employment offices 42 USC 655. for furnishing information so requested by a State o r local agency charged with the duty of carrying out a State plan for child support approved under part D of title IV of the Social Security Act shall be considered to constitute expenses incurred in the administration of such State plan.

TITLE VI—SPECIAL UNEMPLOYMENT ASSISTANCE AMENDMENTS SEC. 601. EXTENSION OF SPECIAL UNEMPLOYMENT ASSISTANCE PROGRAM. (a) Section 208 of the Emergency Jobs and Unemployment Assist- 26 USC 3304 ance Act of 1974 is amended to read as follows: note. "TERMINATION DATE

" SEC. 208. Notwithstanding any other provision of this part, no payment of assistance under this part shall be made to any individual with respect to any week of unemployment ending after June 30,

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 90 STAT. 2690

PUBLIC LAW 94-566—OCT. 20, 1976 1978; and no individual shall be entitled to any assistance under this part with respect to any initial claim for assistance or waiting period credit which is effective in a week beginining after December 31, 1977.".

26 USC 3304 note.

Definitions.

Applicability.

SEC. 602. ELIMINATION OF SPECIAL BASE PERIOD FOR PAYMENTS OF SPECIAL UNEMPLOYMENT ASSISTANCE.

(a) Paragraph (1) of section 203(a) of the Emergency Jobs and Unemployment Assistance Act of 1974 is amended by striking out '''•Provided, That" and all that follows down through "; and" at the end thereof and inserting in lieu thereof the following: '•'•Provided, That the individual meets the qualifying employment and wage requirements of the applicable State unemployment compensation law in the base period; and, for purposes of this proviso, employment and wages which are not covered by the State law shall be treated as though they were covered, except that employment and wages covered by any State or Federal unemployment compensation law, including the Railroad Unemployment Insurance Act (45 U.S.C. 351 et seq.), shall be excluded to the extent that the individual is or was entitled to compensation for unemployment thereunder on the basis of such employment and wages; and". (b) Subsection (a) of section 205 of such Act is amended by striking out "law: Provided, That" and all that follows down through the period at the end thereof and inserting in lieu thereof the following: "law. For purposes of the preceding sentence, employment and wages which are not covered by the applicable State unemployment compensation law shall be treated as though they were covered, except that employment and wages covered by any State or Federal unemployment compensation law, including the Railroad Unemployment Insurance Act (45 U.S.C. 351 et seq.), shall be excluded to the extent that the individual is or was entitled to compensation for unemployment thereunder on the basis of such employment and wages.". (c) Subsection (a) of section 206 of such Act is amended by striking out "section 205: Provided, That" and all that follows down through the period at the end thereof and inserting in lieu thereof the following: "section 205. For purposes of the preceding sentence, employment and wages which are not covered by the applicable State unemployment compensation law shall be treated as though they were covered, except that employment and wages covered by any State or Federal unemployment compensation law, including the Railroad Unemployment Insurance Act (45 U.S.C. 351 et seq.), shall be excluded to the extent that the individual is or was entitled to compensation for unemployment thereunder on the basis of such employment and wages.". (d) Subsection (a) of section 210 of such Act is amended— (1) by striking out "and" at the end of paragraph (5); and (2) by striking out paragraph (6) and inserting in lieu thereof the following: "(6) 'special unemployment assistance benefit year' means the benefit year as defined by the applicable State unemployment compensation law; and "(7) 'base period' means the base period as determined under the applicable State unemployment compensation law.". (e) The amendments made by this section shall apply with respect to benefit years beginning after December 31, 1976. In the case of any benefit year of an individual which begins after December 31, 1976, for purposes of sections 203(a)(1), 205(a), and 206(a) of the Emergency Jobs and Unemployment Assistance Act of 1974, there shall not

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 PUBLIC LAW 94-566—OCT. 20, 1976

90 STAT. 2691

be taken into account any employment and wages to the extent that such individual was entitled on the basis of such employment and wages to assistance under such Act during a benefit year beginning before January 1, 1977. SEC. 603. DENIAL OF SPECIAL UNEMPLOYMENT ASSISTANCE TO NONPROFESSIONAL EMPLOYEES OF EDUCATIONAL INSTITUTIONS DURING PERIODS BETWEEN ACADEMIC TERMS. (a) Section 203 of the Emergency Jobs and Unemployment Assistance Act of 1974 is amended by adding at the end thereof the following new subsection: "(c) An individual who performs services for an educational institution or agency in a capacity (other than an instructional, research, or principal administrative capacity) shall not be eligible to receive a payment of assistance or a waiting period credit with respect to any week commencing during a period between two successive academic years or terms if— "(1) such individual performed such services for any educational institution or agency in the first of such academic years or terms; and "(2) there is a reasonable assurance that such individual will perform services for any educational institution or agency in any capacity (other than an instructional, research, or principal administrative capacity) in the second of such academic years or terms." (b) The amendment made by subsection (a) shall apply to weeks of unemployment beginning after the date of the enactment of this Act. SEC. 604. MODIFICATION OF AGREEMENTS. The Secretary of Labor shall, at the earliest practicable date after the date of the enactment of this Act, propose to each State with which he has in effect an agreement under section 202 of the Emergency Jobs and Unemployment Assistance Act of 1974 a modification or such agreement designed to provide for the payment of special unemployment assistance under such Act in accordance with the amendments made by sections 601, 602, and 603 of this title. Notwithstanding any other provision of law, if any State fails or refuses, within the tnreeweek period beginning on the date the Secretary of Labor proposes such a modification to such State, to enter into such a modification of such agreement, the Secretary of Labor shall terminate such agreement effective with the end of the last week which ends on or before the last day of such three-week period. Approved October 20, 1976.

LEGISLATIVE HISTORY: HOUSE REPORTS: No. 94-755 (Comm. on Ways and Means) and No. 94-1745 (Coram. of Conference). SENATE REPORT No. 94-1265 (Comm. on Finance). CONGRESSIONAL RECORD, Vol. 122 (1976): July 19, 20, considered and passed House. Sept. 29, considered and passed Senate, amended. Oct. 1, House and Senate agreed to conference report; House receded and concurred in certain Senate amendments and to others with amendments; Senate agreed to House amendments.

26 USC 3304 "°*®'

Applicability, 26 USC 3304 "•^t^-

Ante, p. 2689.

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 90 STAT. 2692

PUBLIC LAW 94-567—OCT. 20, 1976

Public Law 94-567 94th Congress An Act Oct. 20, 1976 [H.R. 13160]

Wilderness areas. Designation. 16 USC 1132 note. Bandelier National Monument, N. Mex. Gunnison National Monument, Colo.

Chiricahua National Monument, Ariz.

Great Sand Dunes National Monument, Colo. Haleakala National Park, Hawaii.

Isle Royale National Park, Mich.

Joshua Tree National Monument, Calif.

To designate certain lands within units of the National P a r k System a s wilderness; to revise the boundaries of certain of those u n i t s; and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in accordance with section 3(c) of the Wilderness Act (78 Stat. 890; 16 U.S.C. 1132(c)), the following lands are hereby designated as wilderness, and shall be administered by the Secretary of the Interior in accordance with the applicable provisions of the Wilderness Act: (a) Bandelier National Monument, New Mexico, wilderness comprising twenty-three thousand two hundred and sixty-seven acres, depicted on a map entitled "Wilderness Plan, Bandelier National Monument, New Mexico", numbered 315-20,014-B and dated May 1976, to be know as the Bandelier Wilderness. (b) Black Canyon of the Gunnison National Monument, Colorado, wilderness comprising eleven thousand one hundred and eighty acres, depicted on a map entitled "Wilderness Plan, Black Canyon of the Gunnison National Monument, Colorado", numbered 144r-20,0l7 and dated May 1973, to be known as the Black Canyon of the Gunnison Wilderness. (c) Chiricahua National Monument, Arizona, wilderness comprising nine thousand four hundred and forty acres, and potential wilderness additions comprising two acres, depicted on a map entitled "Wilderness Plan, Chiricahua National Monument, Arizona", numbered 145-20,007-A and dated September 1973, to be known as the Chiricahua National Monument Wilderness. (d) Great Sand Dunes National Monument, Colorado, wilderness comprising thirty-three thousand four hundred and fifty acres, and potential wilderness additions comprising six hundred and seventy acres, depicted on a map entitled "Wilderness Plan, Great Sand Dunes National Monument, Colorado", numbered 140-20,006-C and dated February 1976, to be known as the Great Sand Dunes Wilderness. (e) Haleakala National Park, Hawaii, wilderness comprising nineteen thousand two hundred and seventy acres, and potential wilderness additions comprising five thousand five hundred acres, depicted on a map entitled "Wilderness Plan, Haleakala National Park, Hawaii", numbered 162-20,006-A and dated July 1972, to be known as the Haleakala Wilderness. (f) Isle Royale National Park, Michigan, wilderness comprising one hundred and thirty-one thousand eight hundred and eighty acres, and potential wilderness additions comprising two hundred and thirtyone acres, depicted on a map entitled "Wilderness Plan, Isle !Royale National Park, Michigan", numbered 139-20,004 and dated December 1974, to be known as the Isle Royale Wilderness. (g) Joshua Tree National Monument, California, wilderness comprising four hundred and twenty-nine thousand six hundred and ninety acres, and potential wilderness additions comprising thirtyseven thousand five hundred and fifty acres, depicted on a map entitled

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 PUBLIC LAW 94-567—OCT. 20, 1976 "Wilderness Plan, Joshua Tree National Monument, California", numbered 156-20,003-D and dated May 1976, to be known as the Joshua Tree Wilderness. (h) Mesa Verde National Park, Colorado, wilderness comprising eight thousand one hundred acres, depicted on a map entitled "Wilderness Plan, Mesa Verde National Park, Colorado", numbered 307-20,007-A and dated September 1972, to be known as the Mesa Verde Wilderness. (i) Pinnacles National Monument, California, wilderness comprising twelve thousand nine hundrecl and fifty-two acres, and potential wilderness additions comprising nine hundred and ninety acres, depicted on a map entitled "Wilderness Plan, Pinnacles National Monument, California", numbered 114-20,010-D and dated September 1975, to be known as the Pinnacles Wilderness. (j) Saguaro National Monument, Arizona, wilderness comprising seventy-one thousand four hundred acres, depicted on a map entitled "Wilderness Plan, Saguaro National Monument, Arizona", numbered 151-20,003-D and dated May 1976, to be known as the Saguaro Wilderness. (k) Point Reyes National Seashore, California, wilderness comprising twenty-five thousand three hundred and seventy acres, and potential wilderness additions comprising eight thousand and three acres, depicted on a map entitled "Wilderness Plan, Point Reyes National Seashore", numbered 612-90,000-B and dated September 1976, to be known as the Point Reyes Wilderness. (1) Badlands National Monument, South Dakota, wilderness comprising sixty-four thousand two hundred and fifty acres, depicted on a map entitled "Wilderness Plan, Badlands National Monument, South Dakota", numbered 137-29,010-B and dated May 1976, to be known as the Badlands Wilderness. (m) Shenandoah National Park, Virginia, wilderness comprising seventy-nine thousand and nineteen acres, and potential wilderness additions comprising five hundred and sixty acres, depicted on a map entitled "Wilderness Plan, Shenandoah National Park, Virginia", numbered 134-90,001 and dated June 1975, to be known as the Shenandoah Wilderness. SEC. 2. A map and description of the boundaries of the areas designated in this Act shall be on file and available for public inspection in the office of the Director of the National Park Service, Department of the Interior, and in the office of the Superintendent of each area designated in the Act. As soon as practicable after this Act takes effect, maps of the wilderness areas and descriptions of their boundaries shall be filed with the Interior and Insular Affairs Committees of the United States Senate and House of Representatives, and such maps and descriptions shall have the same force and effect as if included in this Act: Provided, That correction of clerical and typographical errors in such maps and descriptions may be made. SEC. 3. All lands which represent potential wilderness additions, upon publication in the Federal Register of a notice by the Secretary of the Interior that all uses thereon prohibited by the Wilderness Act have ceased, shall thereby be designated wilderness. SEC. 4. The boundaries of the following areas are hereby revised, and those lands depicted on the respective maps as wilderness or as potential wilderness addition are hereby so designated at such time and in such manner as provided for by this Act:

90 STAT. 2693

Mesa Verde National Park, Colo.

Pinnacles National Monument, ([]alif.

Saguaro National Monument, Ariz.

Point Reyes National Seashore, Calif.

Badlands National Monument, S. Dak. Shenandoah National Park, Va.

Map and description, public inspection.

Publication in Federal Register. 16 USC 1131 note. Boundary revision.

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Page:United States Statutes at Large Volume 90 Part 2.djvu/1226

 90 STAT. 2694 Isle Royale National Park, Mich.

16 USC 408g.

Pinnacles National Monument, Calif.

Publication in Federal Register.

Appropriation authorization.

PUBLIC LAW 94-567—OCT. 20, 1976 (a) Isle Koyale National Park, Michigan: The Act of March 6, 1942 (56 Stat. 138; 16 U.S.C. 408e-408h), as amended, is further amended as follows: (1) Insert the letter " (a) " before the second paragraph of the first section, redesignate subparagraphs (a), (b), and (c) of that paragraph as " (1)", " (2)", " (3)", respectively, and add to that section the following new paragraph: "(b) Gull Islands, containing approximately six acres, located in section 19. township 68 north, range 31 west, in Keweenaw County, Michigan.". (2) Amend section 3 to read as follows: "SEC. 3. The boundaries of the Isle Koyale National Park are hereby extended to include any submerged lands within the territorial jurisdiction of the United States within four and one-half miles of the shoreline of Isle Koyale and the surrounding islands, including Passage Island and the Gull Islands, and the Secretary of the Interior is hereby authorized, in his discretion, to acquire title by donation to any such lands not now owned by the United States, the title to be satisfactory to him.". (b) Pinnacles National Monument, California: (1) The boundary is hereby revised by adding the following described lands, totaling approximately one thousand seven hundred and seventeen and nine-tenths acres: (a) Mount Diablo meridian, township 17 south, range 7 east: Section 1, east half east half, southwest quarter northeast quarter, and northwest quarter southeast quarter; section 12, east half northeast quarter, and northeast quarter southeast quarter; section 13, east half northeast quarter and northeast quarter southeast quarter. (b) Township 16 south, range 7 east: Section 32, east half. (c) Township 17 south, range 7 east: Section 4, west half; section 5, east half. (d) Township 17 south, range 7 east: Section 6, southwest quarter southwest quarter; section 7, northwest quarter north half southwest quarter. (2) The Secretary of the Interior may make minor revisions in the monument boundary from time to time by publication in the Federal Register of a map or other boundary description, but the total area within the monument may not exceed sixteen thousand five hundred acres: Provided, however, That lands designated as wilderness pursuant to this Act may not be excluded from the monument. The monument shall hereafter be administered in accordance with the Act of August 25, 1916 (39 Stat. 535; 16 U.S.C. 1 et seq.), as amended and supplemented. (3) In order to effectuate the purposes of this subsection, the Secretary of the Interior is authorized to acquire by donation, purchase, transfer from any other Federal agency or exchange, lands and interests therein within the area hereafter encompassed by the monument boundary, except that property owned by the State of California or any political subdivision thereof may be acquired only by donation. (4) There are authorized to be appropriated, in addition to such sums as may heretofore have been appropriated, not to exceed $955,000 for the acquisition of lands or interests in lands authorized by this subsection. No funds authorized to be appronriated pursuant to this Act shall be available prior to October 1, 1977.

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 PUBLIC LAW 94-567—OCT. 20, 1976

90 STAT. 2695

SEC. 5. (a) The Secretary of Agriculture shall, within two years after the date of enactment of this Act, review, as to its suitability or nonsuitability for preservation as wilderness, the area comprising approximately sixty-two thousand nine hundred and thirty acres located in the Coronado National Forest adjacent to Saguaro National Monument, Arizona, and identified on the map referred to in section l (j) of this Act as the "Kincon Wilderness Study Area," and shall report his findings to the President. The Secretary of Agriculture shall conduct his review in accordance with the provisions of subsections 3(b) and 3(d) of the Wilderness Act, except that any reference in such subsections to areas in the national forests classified as "primitive" on the effective date of that Act shall be deemed to be a reference to the wilderness study area designated by this Act and except that the President shall advise the Congress of his recommendations with respect to this area within two years after the date of enactment of this Act. (b) The Secretary of Agriculture shall give at least sixty days' advance public notice of any hearing or other public meeting relating to the review provided for by this section. SEC. 6. The areas designated by this Act as wilderness shall be administered by the Secretary of the Interior in accordance with the applicable provisions of the Wilderness Act governing areas designated by that Act as wilderness areas, except that any reference in such provisions to the effective date of the Wilderness Act shall be deemed to be a reference to the effective date of this Act, and, where appropriate, any reference to the Secretary of Agriculture shall be deemed to be a reference to the Secretary of the Interior. SEC. 7. (a) Section 6(a) of the Act of September 13, 1962 (76 Stat. 538), as amended (16 U.S.C. 459c-6a) is amended by inserting "without impairment of its natural values, in a manner which provides for such recreational, educational, historic preservation, interpretation, and scientific research opportunities as are consistent with, based upon, and supportive of the maximum protection, restoration and preservation of the natural environment with the area" immediately after "shall be administered by the Secretary". (b) Add the following new section 7 and redesignate the existing section 7 as section 8: "SEC. 7. The Secretary shall designate the principal environmental education center within the Seashore as 'The Clem Miller Environmental Education Center,' in commemoration of the vision and leadership which the late Representative Clem Miller gave to the creation and protection of Point Reyes National Seashore.". SEC. 8. Notwithstanding any other provision of law, any designation of the lands in the Shoshone National Forest, Wyoming, known as the Whiskey Mountain Area, comprising approximately six thousand four hundred and ninety-seven acres and depicted as the "Whiskey Mountain Area—Glacier Primitive Area" on a map entitled "Proposed Glacier Wilderness and Glacier Primitive Area", dated September 23, 1976, on file in the Office of the Chief, Forest Service, Department of Agriculture, shall be classified as a primitive area until the Secretary of Agriculture or his designee determines otherwise pursuant to classification procedures for national forest primitive areas. Provisions of any otner Act designating the Fitspatrick Wil-

Rincon Wilderness Study Area, suitability review. 16 USC 1132 note. Report to President. 16 USC 1132.

Notice and hearing. Administration.

16 USC 459c-6.

16 USC 459c-7. The eiem Miller Environmentjil Education enter, designation. 16 USC 459c-6a. Whiskey Mountain Area, classification as a primitive area.

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 90 STAT. 2696

PUBLIC LAW 94-567—OCT. 20, 1976 demess in said Forest shall continue to be effective only for the approximately one hundred and ninety-one thousand one hundred and three acres depicted as the "Proposed Glacier Wilderness" on said map. Approved October 20, 1976.

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-1427 (Coram, on Interior and Insular Affairs). SENATE REPORT No. 94-1357 (Coram, on Interior and Insular Affairs). CONGRESSIONAL RECORD, Vol. 122 (1976): Sept. 22, considered and passed House. Oct. 1, considered and passed Senate, amended; House agreed to Senate amendments.

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 PUBLIC LAW 94-568—OCT. 20, 1976

90 STAT. 2697

Public Law 94-568 94th Congress An Act To amend the Internal Revenue Code of 1954 with respect to the tax treatment of social clubs and certain other membership organizations, to provide for a study of tax incentives for recycling, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) section 501(c)(7) of the I n t e r n a l Revenue Code of 1954 (relating to exempt organizations) is amended to read as follows: " (7) Clubs organized for pleasure, recreation, and other nonprofitable purposes, substantially all of the activities of which are for such purposes and no part of the net earnings of which inures to the benefit of any private shareholder." (b) Section 5 1 2 (a)(3)(A) of such Code (relating to unrelated business taxable income) is amended by adding at the end thereof the following new sentence: " For purposes of the preceding sentence, the deductions provided by sections 243,244, and 245 (relating to dividends received by corporations) shall be treated as not directly connected with the production of gross income." (c) Section 277(a) of such Code (relating to deductions incurred by certain membership organizations in transactions with members) is amended by adding at the end thereof the following new sentence: " The deductions provided by sections 243, 244, and 245 (relating to dividends received by corporations) shall not be allowed to any orga* nization to which this section applies for the taxable year." (d) The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. SEC. 2. (a) Section 501 of the I n t e r n a l Revenue Code of 1954 (relating to exemption from tax on corporations, certain trusts, etc.) is amended by redesignating subsection (h) as subsection (i) and by inserting after subsection (g) the following new subsection: "(g)

Oct. 20, 1976 [H.R. 1144]

Taxes. Exempt organizations. 26 USC 501.

26 USC 512, 26 USC 243., 244, 245. 26 USC 277.

26 USC 501 note. 26 USC 501,

PROHIBITION OF DISCRIMINATION BY CERTAIN SOCIAL C L U B S. —

Notwithstanding subsection (a), an organization which is described in subsection (c)(7) shall not be exempt from taxation under subsection (a) for any taxable year if, at any time during such taxable year, the charter, bylaws, or other governing instrument, of such organization or any written policy statement of such organization contains a provision which provides for discrimination against any person on the basis of race, color, or religion.". (b) The amendment made by subsection (a) shall apply to taxable Effective date. 26 USC 501 note. years begining after the date of the enactment of this Act. SEC. 3. (a) Paragraph (2) of section 301(g) of the T a x Reform 26 USC 56 note. Act of 1976 (relating to effective date for minimum tax provisions) is Ante, p. 1549. amended to read as follows: "(2)

T A X CARRYOVER.

" (A) IN GENERAL.—Except as provided in subparagraph (B), the amount of any tax carryover under section 56(c) of the I n t e r n a l Revenue Code of 1954 from a taxable year 26 USC 56. beginning before January 1, 1976, shall not be allowed as a tax carryover for any taxable year beginning after December 31, 1975.

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 90 STAT. 2698 26 USC 56. 26 USC 1371. 26 USC 524.

Effective date. 26 USC 56 note. Ante, p. 1520. Study and investigation. 26 USC 7801 note.

Report to President and Congress.

PUBLIC LAW 94-568—OCT. 20, 1976 "(B) Except as provided by paragraph (4) and in section 56(e) of the Internal Revenue Code of 1954, in the case of of a corporation which is not an electing small business corporation (as defined in section 1371(b) of such Code) or a personal holding company (as defined in section 524 of such Code), the amount of any tax carryover under section 56(c) of such Code from a taxable year beginning before July 1, 1976, shall not be allowed as a tax carryover for any taxable year beginning after June 30, 1976.". (b) The amendments made by subsection (a) shall take effect on the date of the enactment of the Tax Reform Act of 1976. SEC. 4. (a) The Secretary of the Treasury, in cooperation with the Administrator of the Environmental Protection Agency, shall make a thorough and complete study and investigation of all provisions of the Internal Revenue Code of 1954 which currently impede or discourage the recycling of solid waste materials, and shall determine what actions Congress may take under the internal revenue laws to increase and encourage the recycling of solid waste materials. (b) The Secretary of the Treasury shall report his findings, together with specific legislative proposals and detailed revenue cost estimates, to the President and to the Congress at the earliest practicable date, but not later than six months after the date of the enactment of this Act. Approved October 20, 1976.

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-1353 (Comm. on Ways and Means). SENATE REPORT No. 94-1318 (Comm. on Finance). CONGRESSIONAL RECORD, Vol. 122 (1976): Aug. 24, considered and passed House. Oct. 1, considered and passed Senate, amended; House agreed to Senate amendment.

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Page:United States Statutes at Large Volume 90 Part 2.djvu/1231

 PUBLIC LAW 94-569—OCT. 20, 1976

90 STAT. 2 6 9 9

Public Law 94-569 94th Congress An Act To amend the Internal Revenue Code of 1954 to permit the authorization of means other than stamp on containers of distilled spirits as evidence of tax payment, to provide an extension of certain provisions relating to members of the Armed Forces missing in action, and for other purposes.

Oct. 20, 1976 [H.R. 7228]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 5205(h) Taxes. of the I n t e r n a l Revenue Code of 1954 (relating to form of stamps Distilled spirits, for containers of distilled spirits) is amended by striking out "or use of stamps on other form of s t a m p " and inserting in lieu thereof "other form of containers. 26 USC 5205. stamp, or other device". SEC. 2. Section 6801(b) of the I n t e r n a l Revenue Code of 1954 26 USC 6801. (relating to authority for establishment, alteration, and distribution of stamps) is amended by striking out the period a t the end thereof and inserting in lieu thereof "; except that stamps required by o r prescribed pursuant to the provisions of section 5205 or section 5235 26 USC 5205, may be prepared and distributed by persons authorized by the Secre- 5235. t a r y, under such controls for the protection of the revenue as shall be deemed necessary.". SEC. 3. (a) SURVIVING SPOUSE.—Section 2(a)(3)(B) of the I n t e r n a l

Revenue Code of 1954 (relating to the special rule where a deceased 26 USC 2. spouse was in a missing status) is amended to read as follows: " (B) the date which is— " (i) January 2, 1978, in the case of service in the combat zone designated for purposes of the Vietnam conflict, or " ( i i) 2 years after the date designated under section 112 26 USC 112. as the date of termination of combatant activities in that zone, in the case of any combat zone other than that referred to in clause (i). ". (b) CERTAIN P A Y o r MEMBERS OF THE A R M E D FORCES HOSPITALIZED AS A R E S U L To r THE VI E T N A M C O N F L I C T. — The last sentence of section

112(a) of such Code (relating to certain combat p a y of enlisted members of the A r m e d Forces) and the last sentence of section 112(b) of such Code (relating to certain combat p a y of commissioned officers of the armed forces) are each amended by striking out "beginning more than 2 years after the date of the enactment of this sentence" and inserting in lieu thereof "after January 1978". (c) INCOME TAXES OF MEMBERS OF ARMED FORCES ON D E A T H I N

MISSING STATUS.—The second sentence of section 692(b) of. such Code (relating to income taxes of members of the armed forces on 26 USC 692. death in a missing status) is amended to read as follows: " The preceding sentence shall not cause subsection (a)(1) to a p p l y for any taxable year beginning— " (1) after January 2, 1978, in the case of service in the combat zone designated for purposes of the Vietnam conflict, or " (2) more than 2 years after the date designated under section 112 as the date of termination of combatant activities in that zone, in the case of any combat zone other than that referred to in paragraph (1). ". (d) JOINT R E T U R N W H E R E INDIVIDUAL I S I N MISSING STATUS AS A R E S U L T OF VI E T N A M CONFLICT.—The last sentence of section 6013(f)

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 90 STAT. 2700 26 USC 6013.

PUBLIC LAW 94-569—OCT. 20, 1976 (1) of such Code (relating to joint returns where individual is in missing status as a result of the Vietnam conflict) is amended by striking out "more than 2 years after the date of the enactment of this sentence" and inserting in lieu thereof "after January 2, 1978".

(e) T I M E FOR PERFORMING CERTAIN ACTS POSTPONED BY REASON OF VIETNAM CONFLICT.—The second sentence of section 7508(b) of such

26 USC 7508.

26 USC 112.

42 USC 1383.

42 USC 1383 iiote42 USC 1382b.

Code (relating to the application to a spouse of provision relating to the time for performing certain acts postponed by reason of war) is amended to read as follows: "The preceding sentence shall not cause this section to apply to any spouse for any taxable year beginning— "(1) after January 2, 1978, in the case of service in the combat zone designated for purposes of the Vietnam conflict, or "(2) more than 2 years after the date designated under section 112 as the date of termination of combatant activities in that zone, in the case of any combat zone other than that referred to in paragraph (1).". SEC. 4. AUTHORIZATION OF INITUL PAYMENTS TO PRESUMPTIVELY BLIND INDIVIDUALS. (a) IN GENERAL.—Section 1631(a)(4)(B) of the Social Security Act is amended— (1) by inserting "or blindness" immediately after "disability" each time it appears; and (2) by inserting "or blind" immediately after "disabled" each time it appears. (b) EFFECTIVE DATE.—The amendments made by this section shall ^PPly with respect to months after the month following the month in which this Act is enacted. SEC. 5. Section 1613(a)(1) of the Social Security Act is amended by striking out ", to the extent that its value does not exceed such amount as the Secretary determines to be reasonable". Approved October 20, 1976.

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-1071 (Comm. on Ways and Means). SENATE REPORT No. 94-1319 (Comm. on Finance). CONGRESSIONAL RECORD, Vol. 122 (1976): May 13, considered and passed House. Oct. 1, considered and passed Senate, amended; House agreed to certain Senate amendments and to one amendment with an amendment; Senate agreed to House amendment.

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 PUBLIC LAW 94-570—OCT. 20, 1976

90 STAT. 2701

Public Law 94-570 94th Congress An Act To amend the Rural Electrification Act of 1936, as amended, to correct unintended inequities in the interest rate criteria for borrowers from the Rural Electrification Administration, and to make other technical amendments. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the " R u r a l Electrification Administration Technical Amendments Act of 1976". SEC. 2. Section 301(a)(4) of the Rural Electrification Act of 1936, as amended, is amended to strike the semicolon at the end thereof, and add the following: "and the unobligated balances of any funds made available for loans under the item 'Rural Electrification Administration' in the Department of Agriculture and Agriculture-Environmental and Consumer Protection Appropriations Acts;". SEC. 3. Section 305(b) of the R u r a l Electrification Act of 1936, as amended, is amended— (1) by striking the words "meets 'either of the following conditions"; (2) by striking out all of paragraph (1) thereof and inserting in lieu thereof the following: " (1) in the case of a telephone borrower, had at the end of the most recent calendar year ending at least six months before approval of the loan, an average subscriber density of three or fewer per mile; o r "; (3) by striking out all of paragraph (2) thereof through and including the words "telephone borrowers" and inserting in lieu thereof the following: " (2) in the case of an electric borrower, had at the end of the most recent calendar year ending at least six months before approval of the loan, an average consumer density of two or fewer per mile or an average adjusted plant revenue ratio of over 9.0, such ratio being a simple average of the ratios obtained by dividing the sum of its distribution plant and general plant by its annual gross revenue less cost of power for that calendar year and the two immediately preceding calendar years. A s used in ^ this subsection the sum of distribution plant and general plant shall be the total of the amounts shown in accounts numbered 360 through and including 399 of the uniform system of accounts approved, as of the effective date of this amendment, by the Administrator, for use by R u r a l Electrification Administration borrowers; gross revenue shall be the amount shown in account numbered 400 of said system of accounts; and the cost of power shall be the total of amounts shown in accounts numbered 500 through and including 573 of said system of accounts as the same is constituted";

9-194 O—78—pt. 2

78

Oct. 20, 1976 [H.R. 12207]

Rural Electrification Administration Technical Amendments Act of 1976. 7 USC 901 note 7 USC 931. Insured loans. 7 USC 935.

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 90 STAT. 2702

Effective date. 7 USC 935 note.

7 USC 931.

PUBLIC LAW 94-570—OCT. 20, 1976 (4) by inserting the words "to a telephone or electric borrower" following the words "make a loan" in the proviso to paragraph (2) thereof. SEC. 4. This Act shall take effect upon enactment, except that insured loans made pursuant to applications for such loans which would otherwise lose eligibility for special rate financing upon such enactment, received by the Rural Electrification Administration and still pending on the date of enactment of this Act, shall bear interest as determined under section 305 (b^ of the Rural Electrification Act of 1936 before its amendment by this Act. Approved October 20, 1976.

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-1025 (Comm. on Agriculture). SENATE REPORT No. 94-1314 (Comm. on Agriculture and Forestry). CONGRESSIONAL RECORD, Vol. 122 (1976): May 3, considered and passed House. Sept. 30, considered and passed Senate, amended. Oct. 1, House agreed to Senate amendment. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 12, No. 43: Oct. 21, Presidential statement.

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 PUBLIC LAW 94-571—OCT. 20, 1976

90 STAT. 2703

Public Law 94-571 94th Congress An Act To amend the Immigration and Nationality Act, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Immigration and Nationality Act Amendments of 1976". k5Ec. 2. Section 201 of the Immigration and Nationality Act (8 U.S.C. 1151) is amended— (1) by striking out subsection (a) and inserting in lieu thereof the following: "SEC. 201. (a) Exclusive of special immigrants defined in section 101(a) (27), and immediate relatives of United States citizens as specified in subsection (b) of this section, (1) the number of aliens born in any foreign state or dependent area located in the Eastern Hemisphere who may be issued immigrant visas or who may otherwise acquire the status of an alien lawfully admitted to the United States for permanent residence, or who may, pursuant to section 203(a)(7), enter conditionally, shall not in any of the first three quarters of any fiscal year exceed a total of 45,000 and shall not in any fiscal year exceed a total of 170,000; and (2) the number of aliens born in any foreign state of the Western Hemisphere or in the Canal Zone, or in a dependent area located in the Western Hemisphere, who may be issued immigrant visas or who may otherwise acquire the status of an alien lawfully admitted to the United States for permanent residence, or who may, pursuant to section 203(a)(7), enter conditionally shall not in any of the first three quarters of any fiscal year exceed a total of 32,000 and shall not in any fiscal year exceed a total of 120,000."; and (2) by striking out subsections (c), (d),and (e). SEC. 3. Section 202 of the Immigration and Nationality Act (8 U.S.C. 1152) is amended— (1) by striking out the last proviso in subsection (a); (2) by striking out subsection (c) and inserting in lieu thereof the following: "(c) Any immigrant born in a colony or other component or dependent area of a foreign state overseas from the foreign state, other than a special immigrant, as defined in section 101(a) (27), or an immediate relative of a United States citizen, as defined in section 201 (b), shall be chargeable for the purpose of the limitations set forth in sections 201(a) and 202(a), to the hemisphere in which such colony or other component or dependent area is located, and to the foreign state, respectively, and the number of immigrant visas available to each such colony or other component or dependent area shall not exceed 600 in any one fiscal year."; and (3) by inserting at the end thereof the following new subsection:

Oct. 20, 1976 [H.R. 14535] Immigration and Nationality Act Amendments of 1976. 8 USC 1101 note.

8 USC 1101.

8 USC 1153.

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 90 STAT. 2704 8 USC 1152.

.

PUBLIC LAW 94-571—OCT. 20, 1976 "(e) Whenever the maximum number of visas or conditional entries have been made available under section 202 to natives of any single foreign state as defined in subsection (b) of this section or any dependent area as defined in subsection (c) of this section in any fiscal year, in the next following fiscal year a number of visas and conditional entries, not to exceed 20,000, in the case of a foreign state or 600 in the case of a dependent area, shall be made available and allocated as follows: "(1) Visas shall first be made available, in a number not to exceed 20 per centum of the number specified in this subsection, to qualified immigrants who are the unmarried sons or daughters of citizens of the United States, "(2) Visas shall next be made available, in a number not to exceed 20 per centum of the number specified in this subsection, plus any visas not required for the classes specified in paragraph (1), to qualified immigrants who are the spouses, unmarried sons, or unmarried daughters of an alien lawfully admitted for permanent residence. "(3) Visas shall next be made available, in a number not to exceed 10 per centum of the number specified in this subsection, to qualified immigrants who are members of the professions, or who because of their exceptional ability in the sciences or the arts will substantially benefit prospectively the national economy, cultural interests, or welfare of the United States, and whose services in the professions, sciences, or arts are sought by an employer in the United States. " (4) Visas shall next be made available, in a number not to exceed 10 per centum of the number specified in this subsection, plus any visas not required for the classes specified in paragraphs (1) through (3), to qualified immigrants who are the married sons or the married daughters of citizens of the United States. "(5) Visas shall next be made available, in a number not to exceed 24 per centum of the number specified in this subsection, plus any visas not required for the classes specified in paragraphs (1) through (4), to qualified immigrants who are the brothers or sisters of citizens of the United States, provided such citizens are at least twenty-one years of age. "(6) Visas shall next be made available, in a number not to exceed 10 per centum of the number specified in this subsection, to qualified immigrants capable of performing specified skilled or unskilled labor, not of a temporary or seasonal nature, for which a shortage of employable and willing persons exists in the United States. "(7) Conditional entries shall next be made available by the Attorney General, pursuant to such regulations as he may prescribe, in a number not to exceed 6 per centum of the number specified in this subsection, to aliens who satisfy an Immigration and Naturalization Service officer at an examination in any nonCommunist or non-Communist-dominated country, (A) that (i) because of persecution or fear of persecution on account of race, reliarion, or political opinion they have fled (I) from any Communist or Communist-dominated country or area, or (II) from any country within the general area of the Middle East, and (ii) are unable or unwilling to return to such country or area on account of race, religion, or political opinion, and (iii) are not nationals of the countries or areas in which their application for conditional entry is made; or (B) that they are persons uprooted

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 PUBLIC LAW 94-571—OCT. 20, 1976 by catastrophic n a t u r a l calamity as defined by the President who are unable to return to their usual phice of abode. For the purpose of the foregoing the term 'general area of the Middle E a s t ' means the area between and including (1) Libya on the west, (2) Turkey on the north, (3) Pakistan on the east, and (4) Saudi Arabia and Ethiopia on the south: Provided, That immigrant visas in a number not exceeding one-half the number specified in this paragraph may be made available, in lieu of conditional entries of a like number, to such aliens who have been continuously physically present in the United States for a period of at least two years prior to application for adjustment of status. " (8) Visas so allocated but not required for the classes specified in paragraph s (1) through (7) shall be made available to other qualified immigrants strictly in the chronological order in which they qualify.". SEC. 4. Section 203 of the Immigration and Nationality Act (8 U.S.C. 1153) is amended— (1) by striking out "201(a) ( i i) " each place it appears in paragraph s (1) through (7) of subsection (a) and inserting in lieu thereof in each such place "201(a)(1) or (2)"'; (2) by striking out the period at the end of paragraph (3) of subsection (a) and inserting in lieu thereof a comma and the following: "and whose services in the professions, sciences, or arts are sought by an employer in the United States."; (3) jjy striking out the period at the end of paragraph (5) of subsection (a) and inserting in lieu thereof a comma and the following: "provided such citizens are at least twenty-one years of age."; and (4) by striking out the second sentence of subsection (e) and inserting in lieu thereof the following: "The Secretary of State shall terminate the registration of any alien who fails to apply for an immigrant visa within one year following notification to him of the availability of such visa, but the Secretary shall reinstate the registration of any such alien who establishes within two years following notification of the availability of such visa that such failure to appl}^ was due to circumstances beyond his control. Upon such termination the approval of any petition approved pursuant to section 204(b) shall be automatically revoked.". SEC. 5. Section 212(a) (14) of such Act (8 U.S.C. 1182(a) (14)) is amended to read as follows: " (14) Aliens seeking to enter the United States, for the purpose of performing skilled or unskilled labor, unless the Secretary of Labor has determined and certified to the Secretary of State and the Attorney General that (A) there are not sufficient workers who are able, willing, qualified (or equally qualified in the case of aliens who are members of the teaching profession or who have exceptional ability in the sciences or the a r t s), and available at the time of application for a visa and admission to the United States and at the place where the alien is to perform such skilled or unskilled labor, and (B) the employment of such aliens will not adversely affect the wages and working conditions of the workers in the United States similarly employed. The exclusion of aliens under this paragraph shall apply to preference immig r a n t aliens described in section 203(a)(3) and (6), and to nonpreference immigrant aliens described in section 203(a)(8);". SEC. 6. Section 245 of the Immigration and Nationality Act (8 U.S.C. 1255) is amended to read as follows:

90 STAT. 2705

"General area of the Middle East."

'

8 USC 1154.

8 USC 1153.

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 90 STAT. 2706

Ante, p. 2703. 8 USC 1153.

8 USC 1151.

Repeal.

Cuban refugees, adjustment of status.

PUBLIC LAW 94-571—OCT. 20, 1976 " SEC. 245. (a) The status of an alien who was mspected and admitted or paroled into the United States may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence if (1) the alien makes an application for such adjustment, (2) the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence, and (3) an immig r a n t visa is immediately available to him at the time his application is filed. " (b) Upon the approval of an application for adjustment made under subsection (a), the Attorney General shall record the alien's lawful admission for permanent residence as of the date the order of the Attorney General approving the application for the adjustment of status is made, and the Secretary of State shall reduce by one the number of the preference or nonpreference visas authorized to be issued under sections 202(e) or 203(a) within the class to which the alien is chargeable for the fiscal year then current. " (c) The provisions of this section shall not be applicable to (1) an alien crewman; (2) an alien (other than an immediate relative as defined in section 201(b)) who hereafter continues in or accepts unauthorized employment p r i o r to filing an application for adjustment of status; or (3) any alien admitted in transit without visa under section 212(d)(4)(C).". S E C 7. (a) Section 101(a) (27) of the Immigration and Nationality Act (8 U.S.C. 1101(a) (27)) is amended by striking out subparagraph (A) and by redesignating subparagraph s (B) through (E) as subparagraph s (A) through (D), respectively. (b) Section 204 of such Act (8 U.S.C. 1154) is amended to add a new subsection (f), to read as follows: " (f) The provisions of this section shall be applicable to qualified immigrants specified in paragraph s (1) through (6) of section 202(e).". (c) Section 211(b) of such Act (8 U.S.C. 1181(b)) is amended by striking out "section 101(a) (27)(B) " and inserting in lieu thereof "section 101(a) (27)(A) ". (d) Section 212(a) (24) of such Act (8 U.S.C. 1182(a) (24)) is amended by striking out "101 (a) (27)(A) and (B) " and inserting in lieu thereof "101(a) (27)(A) and aliens born in the Western Hemisphere". (e) Section 241(a) (10) of such Act (8 U.S.C. 1251(a) (10)) is amended by striking out the language in the parentheses and inserting in lieu thereof the following: "other than an alien described in section 101(a) (27)(A) and aliens born in the Western Hemisphere". (f) Section 244(d) of such Act (8 U.S.C. 1254(d)) is amended by striking out "is entitled to special immigrant classification under section 101(a) (27)(A), o r ". (g) Section 21(e) of the Act of October 3, 1965 (Public Law 89-236; 79 Stat. 921), is repealed. SEC. 8. The Act ejititled "An Act to adjust the status of Cuban refugees to that of lawful permanent residents of the United States, and for other purposes", approved November 2, 1966 (8 U.S.C. 1255, note), is amended by adding at the end thereof the following new section: " SEC. 5. The approva1 of an application for adjustment of status to that of lawful permanent resident of the United States pursuant to the provisions of socticm 1 of this Act shall not require the Secretary of State to reduce the number of visas authorized to be issued in any class in the case of any alien who,is physically present in the United States

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 PUBLIC LAW 94-571~OCT. 20, 1976

90 STAT. 2707

on or before the effective date of the Immigration and Nationality Act Amendments of 1976." SEC. 9. (a) The amendments made by this Act shall not operate to 8 USC 1153 note. affect the entitlement to immigrant status or the order of consideration for issuance of an immigrant visa of an alien entitled to a preference status, under section 203(a) of the Immigration and Nationality Act, 8 USC 1153 as in effect on the day before the effective date of this Act, on the basis of a petition filed with the Attorney General prior to such effective date. (b) An alien chargeable to the numerical limitation contained in Numerical section 21(e) of the Act of October 3, 1965 (79 Stat. 921), who estab- limitation. lished a priority date at a consular office on the basis of entitlement to immigrant status under statutory or regulatory provisions in existence on the day before the effective date of this Act shall be deemed to be entitled to immigrant status under section 203(a)(8) of the Immigration and Nationality Act and shall be accorded the priority date previously established by him. Nothing in this section shall be construed to preclude the acquisition by such an alien of a preference status under section 203(a) of the Immigration and Nationality Act, as amended by section 4 of this Act. Any petition filed by, or in behalf of, such an alien to accord him a preference status under section 203(a) shall, upon approval, be deemed to have been filed as of the priority date previously established by such alien. The numerical limitation to which such an alien shall be chargeable shall be determined as provided in sections 201 and 202 of the Immigration and Nationality Act, as amended by this Act. SEC. 10. The foregoing provisions of this Act, including the amend- Effective date. ments made by such provisions, shall become effective on the first day 8 USC 1101 note. of the first month which begins more than sixty days after the date of enactment of this Act. Approved October 20, 1976.

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-1553 (Comm. on the Judiciary). CONGRESSIONAL RECORD, Vol. 122 (1976): Sept. 29, considered and passed House. Oct. 1, considered and passed Senate. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 12, No. 43: Oct. 21, Presidential statement.

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Page:United States Statutes at Large Volume 90 Part 2.djvu/1240

 90 STAT. 2708

PUBLIC LAW 94-572—OCT. 21, 1976

Public Law 94-572 94th Congress An Act Oct. 2 1. 1976 [H.R. 10192]

U.S. Coast Guard Academy cadets, nondiscriminatory appointment; certain coastwise vessels.

Vessels, Barbara Ann, Bruja Mar, and Mary M.

To amend title 14, United States Code, to provide for the nondiscriminatory appointment of cadets to the United States Coast Guard Academy.

Be it enacted by the Senate and Hoitse of Representatives of the United States of America in Congress assembled, That subsection (a) of section 182 of title 14, United States Code, is amended by inserting after the second sentence thereof two new sentences as follows: "All such appointments shall be made without regard to the sex, race, color, or religious beliefs of an applicant. In the administration of this chapter, the Secretary shall take such action as may be necessary and appropriate to insure that female individuals shall be eligible for appointment and admission to the Coast Guard Academy, and that the relevant standards required for appointment, admission, training, graduation, and commissioning of female individuals shall be the same as those required for male individuals, except for those minimum essential adjustments in such standards required because of physiological differences between male and female individuals.". SEC. 2. (a) Notwithstanding the provisions of section 4132 of the Revised Statutes of the United States, as amended (46 U.S.C. 11), or any other provision of law, the Secretary of the Department in which the Coast Guard is operating (1) shall cause the vessels, Barbara Ann (vessel numbered 529835), presentlv jointly owned, with right of survivorship, by Keith E. and Barbara Malcolm of Marine City, Michigan, and Bruja Mar (vessel numbered 546133), presently owned by Greenwood Marine, Incorporated, a Louisiana corporation, to be documented as vessels of the United States with the privilege of engaging in the coastwise trade, and (2) shall cause the vessel, Mary M (vessel numbered 230483), presently owned by Charles Hammond, Junior, of Glen Burnie, Maryland, to be documented as a vessel of the United States with the privilege of engaging in the American fisheries, such documentation to be conditional upon compliance with all the requirements for such documentation other than the requirement that the vessel be built in the United States. (b) The provisions of this section shall remain in effect for the Barbara Ann so long as the vessel continues in its present joint ownership, or in the ownership of the survivor thereof, and for the Bruja Mar so long as the vessel continues in its present ownership. Approved October 21, 1976.

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-1109 (Gomm. on Merchant Marine and Fisheries). SENATE REPORT No. 94-1186 (Comm. on Commerce). CONGRESSIONAL RECORD, Vol. 122 (1976): May 18, considered and passed House. Sept. 13, considered and passed Senate, amended. Oct. 1, House agreed to Senate amendment with an amendment; Senate agreed to House amendment.

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Page:United States Statutes at Large Volume 90 Part 2.djvu/1241

 90 STAT. 2709

PUBLIC LAW 94-573—OCT. 21, 1976

Public Law 94-573 94th Congress An Act To revise and extend the provisions of title XII of the Public Health Services Act relating to emergency medical services systems, and for other purposes. Be it enacted by the Seriate and House of Representatives United States of America in Congress assembled,

Oct. 21. 1976 [S. 2548]

of the

Emergency Medical Services Amendments of SHORT TITLE AND REFERENCES I N ACT 1976. SECTION 1. (a) This Act may be cited as the "Emergency Medical 42 USC 201 note. Services Amemlments of 1976". (b) Except as otherwise specifically provided in this Act, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Public 42 USC 201 note. Health Service Act. DEFINITIONS

SEC. 2. Paragraph s (-1) and (5) of section 1201 are amended to read as follows: " (4) The term 'section 1521 State health planning and development agency' means the agency of a State designated under section 1521 (g)(3)^ ^ •^ ^ " (5) The term 'section 1515 health systems agency' means a health systems agency designated under section 1515, and the term 'health systems plan' means a health systems plan referred to in section 1513 (•b)(2).".

42 USC 300d.

42USe300m„ 42 USC 300/-4. 42 USC 300/-2.

STUDY AND P L A N N I N G GRANTS

SEC. 3. (a) Section 1202 is amended— (1) by inserting " (1) " in subsection (a) after " (a) ' '; (2) by striking out "projects" in subsection (a) and all that follows through "such a system" and inserting in lieu thereof "projects which include both studying the feasibility of and planning (A) the establishment and operation of an emergency medical services system, (B) the expansion and improvement of such a system, or (C) both"; (3) by redesignating subsection (b) as paragraph (2) of subsection (a); (4) by striking out "this section" each place it appears in paragraph (2) (as so redesignated) of subsection (a) and inserting in lieu thereof " paragraph (1) "; and (5) by inserting after subsection (a) the following new subsection: " (b)(1) The Secretary may make a g r a n t to or enter into a contract with an eligible entity (as defined in section 1206(a)) with respect to an emergency medical services system for the purpose of enabling the entity— " (A) to study the feasibility of, or plan for, the expansion and improvement of such system to provide for the use in such system of advanced life-support techniques, or

42 USC 300d.l.

42 USC 300d-i5.

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Page:United States Statutes at Large Volume 90 Part 2.djvu/1242

 90 STAT. 2710

Certain geographical areas, exclusion.

42 USC 300d-l. Reports to HEW and Interagency Committee on Emergency Medical Services. 42 USC 300d-8.

42 USC 300/-4.

PUBLIC LAW 94-573—OCT. 21, 1976 " (B) if such system is the system of a State for which system a study and planning g r a n t or contract has been made or entered into under subsection (a) and if the entity is that State, to u p date the plan of such system to improve the delivery of emergency medical services in r u r a l areas and to medically underserved populations of the State. " (2) I f the Secretary makes a g r a n t or enters into a contract under paragraph (1) respecting an emergency medical services system for a particular geographical area, the Secretary may not make any other g r a n t or enter into any other contract under paragraph (1) respecting such system, or respecting any other such system for the same area or for an area which includes (in whole or substantial part) such area.". (b) Section 1202 is amended— (1) by amending subsection (c) to read as follows: " (c) A n eligible entity which has received a g r a n t from or entered into a contract with the Secretary under this section shall submit to the Secretary and the Interagency Committee on Emergency Medical Services (established under section 1209) a report on the results of such g r a n t or contract at such intervals as the Secretary may prescribe, and shall submit to the Secretary and such Committee a final report on the results of such g r a n t or contract not later than one year after the date the g r a n t was made or the contract was entered into, as the case may be."; (2) by amending paragraph (1) of subsection (d) to read as follows: " (1) demonstrate to the satisfaction of the Secretary the need of the area for the emergency medical services system for which the application is m a d e; "; (3) by amending clause (A) of subsection (d)(3) to read as follows: " (A) with each section 1515 health systems agency whose health systems plan covers or will cover (in whole or in part) such area, and "; and (4) by adding at the end thereof the following new subsection: " (f) The Secretary may not obligate or expend in any fiscal year for grants and contracts made or entered into under subsection (b)(1) an amount greater than 50 per centum of the sums appropriated in such year for g r a n t s and contracts made or entered into under this section.". I N I T I A L OPERATION AND KSTABLTSHMKNT GRANTS

42 USC 300d-2.

SEC. 4. Section 1203 is amended— (1) by inserting " a t least" in subsection (c)(2) before "nine months ' ", and by striking out " h i s " in such subsection and inserting in lieu thereof " i t s "; (2) by striking out " June 30, 1976" in subsection (c)(3) and inserting in lieu thereof "September 30, 1979"; and (3) by adding at the end thereof the following new subsections: " (d) A g r a n t or contract may not be made to or entered into with an entity under this section with respect to an emergency medical services system unless the entity submits with its application for such g r a n t or contract assurances of the participation in and support of the system by the public, private, and vohmteer organizations and entities which are associated with and involved in activities essential to the effective provision of emergency medical services in the system's service area. " (e)(1) A first g r a n t or contract may not be made to or entered into with an entity under this section with respect to an emergency medical services system unless the entity submits with its application for such g r a n t or contract assurances, from the executive or legisla-

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Page:United States Statutes at Large Volume 90 Part 2.djvu/1243

 PUBLIC LAW 94-573—OCT. 21, 1976 tive governmental bodies of political subdivisions located in the system's service area which govern a substantial proportion of the population residing in such area, of each such bodies' support of and cooperation with the system. "(2) A second grant or contract may not be made to or entered into with an entity under this section with respect to an emergency medical services system unless— "(A) the Secretary has made the required determination under subsection (c)(2); "(B) the application for such grant or contract includes specific plans for the step-by-step achievement of compliance with each of the requirements of section 1206(b)(4)(C) within the period specified in section 1206(b)(4)(B)(i); and "(C) the application for such grant or contract includes assurances, evidenced by copies of formal resolutions, proclamations, or other acts of the executive or legislative governmental bodies of political subdivisions located in the system's service area which govern a substantial proportion of the population residing in such area, of such bodies'—• "(i) continued support and cooperation with the system, and "(ii) financial support of the system, in the year after the conclusion of the period of support under the grant or contract, sufficient to maintain the system at the level at which such system is to be maintained during the period of the grant or contract. "(f) An eligible entity which has received a grant from or has entered into a contract with the Secretary under this section shall submit to the Secretary and the Interagency Committee on Emergency Medical Services (established under section 1209) a report on the results of such grant or contract at such intervals as the Secretary may prescribe, and shall submit to the Secretary and such Committee a final report on the results of grants made to or contracts entered into with the entity under this section not later than one year after the completion of the second such grant or contract under this section.". EXPANSION AND IMPROVEMENT

90 STAT. 2711

42 USC SOOd-i).

Report to HE\);^ and the Interagency Committee on Emergency Medical Services. 42 USC 300d-8.

GRANTS

SEC. 5. Section 1204 is amended by striking out subsection (b) and inserting in lieu thereof the following: "(b)(1) Each grant or contract for a project under this section shall be made for the project's costs of expansion and improvement in the year for which the grant or contract is made or entered into. If a grant or contract is made or entered into under this section for a system, the Secretary may make one additional grant or contract for that system if he determines, after a review of at least the first nine months' activities of the applicant carried out under the first grant or contract, that the applicant is satisfactorily progressing in the expansion and improvement of the system in accordance with the plan contained in its application (pursuant to section 1206(b)(4)) for the first grant or contract. "(2) Subject to section 1206(f) — "(A) the amount of the first grant or contract under this section for an emergency medical services system may not exceed (i) 50 per centum of the expansion and improvement costs (as determined pursuant to regulations of the Secretary) of the system for the year for which the grant or contract is made, or (ii)

42 USC 300d.a.

Additional grant or contract.

First grant or contract, cost limitation.

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Page:United States Statutes at Large Volume 90 Part 2.djvu/1244

 90 STAT. 2712

Second grant or contract, cost limitation.

42 USC 300d-5.

Report to HEW and the Interagency Committee on Emergency Medical Services.

PUBLIC LAW 94-573—OCT. 21, 1976 in the case of applications which demonstrate an exceptional need for financial assistance, 75 per centum of such costs for such year; and "(B) the amount of the second grant or contract under this section for a system may not exceed (i) 25 per centum of the expansion and improvement costs (as determined pursuant to regulations of the Secretary) of the system for the year for which the grant or contract is made, or (ii) in the case of applications which demonstrate an exceptional need for financial assistance, 50 per centum of such costs for such year. " (c) A grant or contract may not be made to or entered into with an entity under this section with respect to an emergency medical services system unless the entity submits with its application for such grant or contract assurances of the participation and support of the system by the public, private, and volunteer organizations and entities which are associated with and involved in activities essential to the effective provision of emergency medical services in the system's service area. "(d)(1) A grant or contract may not be made to or entered into with an entity under this section with respect to an emergency medical services system unless— "(A) the application for such grant or contract includes specific plans for the step-by-step achievement of compliance with each of the requirements of section 1206(b)(4)(C) within the period specified in section 1206(b)(4)(B)(i); and "(B) the application for such grant or contract includes assurances, evidenced by copies of formal resolutions, proclamations, or other acts of the executive or legislative governmental bodies of political subdivisions located in the system's service area which govern a substantial proportion of the population residing in such area, of such bodies'— "(i) support and cooperation with the system, and "(ii) endorsement and support of a specific financial plan which provides for the maintenance of the financial support of the system, after the conclusion of the period of the grant or contract, at the level required to maintain the level of expanded or improved activity to be achieved during the period of the grant or contract. "(2) A second grant or contract may not be made to or entered into with an entity under this section with respect to an emergency medical services system unless— "(A) the Secretary has made the required determination under subsection (b)(l), and "(B) the application for such grant or contract includes assurances, of the executive or legislative governmental bodies of political subdivisions located in the system's service area which govern a substantial proportion of the population residing in such area, that substantial progress is being made toward achieving the financial support to implement the plan described in paragraph (l)(B) ( i i). "(e) An eligible entity which has received a grant from or has entered into a contract with the Secretary under this section shall submit to the Secretary and the Interagency Committee on Emergency Medical Services (established under section 1209) a report on the results of such grant or contract at such intervals as the Secretary

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Page:United States Statutes at Large Volume 90 Part 2.djvu/1245

 PUBLIC LAW 94-573—OCT. 21, 1976

90 STAT. 2713

may prescribe, and shall submit to the Secretary and such Committee a final report on the results of grants made to or contracts entered into with the entity under this section not later than one year after the completion of the second such grant or contract under this section.". RESEARCH GRANTS

SEC. 6. Section 1205 is amended— 42 USC 300d-4. (1) by inserting "and enter into contracts with" in subsection (a) before "public"; (2) by inserting "and especially research which emphasizes the identification and utilization of techniques and methods to apply the results of such research to improve the delivery of emergency medical services in such areas" in subsection (a) after "in rural areas"; (3) by inserting at the end of subsection (c) the following new sentence: "Such reports shall contain recommendations and a plan of action for applying the results of the research assisted by such grant or contract to improve the delivery of emergency medical services."; and (4) by adding at the end thereof the following new subsection: "(d)(1) Before any grant or contract may be made or entered into by the Secretary under this section the Secretary shall consult, concerning such grant or contract, with the identifiable administrative unit described in section 1208. Post, p. 2715. " (2) No regulation, guideline, funding priority, or application form shall be established under this section without the full participation in the development of such regulation, guideline, priority, or form, by the identifiable administrative unit described in section 1208.". GENERAL PROVISIONS

SEC. 7. Section 1206 is amended— (1) by inserting " (A) " in subsection (b)(1) before "No grant"; (2) by inserting after subsection (b)(1) the following new subparagraph: " (B) No applicant may receive more than a total of five years of grant or contract assistance under this part, except that, in determining the number of years of grant or contract assistance which an applicant received under this part, the Secretary shall not include any period during which the applicant received grant or contract assistance under sectio;i 1202(b)(1) or section 1205."; (3) by amending clauses (i) and (ii) of subsection (b)(3)(D) to read as follows: "(i) section 1521 State health planning and development agency of each State in which the service area of the emergency medical services system for which the application is submitted will be located, and "(ii) section 1515 health systems agency whose health systems plan covers or will cover (in whole or in part) the service area of such system,"; (4) by striking out "An" in subsection (b)(4)(A) and inserting in lieu thereof "No", and by striking out "not" after "section 1203 or 1204 may" in such subsection; (5) by inserting "the respective section and of" in subsection (b)(4)(A)(i) after "requirements of";

42 USC SOOd-Ji.

42 USC SOOd-i, 300d-4. 42 USC 300m.

42 USC 300/-4.

tntu^^ 300d-2, ^""<*-^-

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Page:United States Statutes at Large Volume 90 Part 2.djvu/1246

 90 STAT. 2714

23 USC 401 et seq.

Review or evaluation; submitted to HEW.

42 USC 241, 281, 292, 300d6.

Post, p. 2718.

PUBLIC LAW 94-573—OCT. 21, 1976 (6) by striking out " (A) " in subsection (b)(4)(B)(i) and inserting in lieu thereof " (C) "; (7) by striking out "the period of the grant or contract for which application is made" in subsection (b)(4)(B)(i) and inserting in lieu thereof "the total period of eligibility for assistance under the section for which the application for assistance is made"; (8) by striking out "and" before " ( III) " in clause (iii) of subsection (b)(4)(C), and by inserting before the semicolon at the end of such clause the following: ", (IV) will have the capability to communicate with individuals having auditory handicaps and to communicate in the language of the predominant population groups with limited English-speaking ability in the system's service area, and (V) makes maximum use of communications equipment and systems acquired under any highway safety program approved under chapter 4 of title 23, United States Code, and of such equipment and system acquired under title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3701 et seq.)"; (9) by inserting "(making maximum use of vehicles acquired under any highway safety program approved under chapter 4 of title 23, United States Code)" in subsection (b)(4)(C) (iv) after "include"; (10) by striking out "standardized" in subsection (b)(4) (C) (xi) and inserting in lieu thereof "coordinated"; (11) by amending clause (xiii) of subsection (b)(4)(C) to read as follows: "(xiii) provide the Secretary with such information as he may require to conduct periodic, comprehensive, and independent reviews and evaluations of the extent and quality of the emergency health care services provided in the system's service area, and submit to the Secretary the results of any review or evaluation which may be conducted by such system of the extent and quality of the emergency health care services provided in the system's service area;"; (12) by striking out "section 1207 or title VII " in subsection (e) and inserting m lieu thereof "section 301, title IV, title VII, section 1207, or section 1221"; (13) by striking out "1207" in clause (1) of subsection (e) and inserting in lieu thereof "1207 (a) "; (14) by inserting "(other than basic training of emergency medical technicians, trainino; of paramedics, and short-term specialized training or retraining of physicians, nurses, and other health care professionals)" in subsection (f)(2) after "training program"; (15) by inserting "(A) has" in subsection (f)(2) after "unless the applicant"; and (16) by inserting before the period at the end of paragraph (2) of subsection (f) the following: ". or (B) has demonstrated to the satisfaction of the Secretary that the filing of such an application would be futile or unreasonablv burdensome". AUTHORIZATION OF APPROPRIATIONS

42 USC 300d-6.

SEC. 8. (a) Subsection (a) of section 1207 is amended— (1) by striking out "and^ after "1974," and inserting after "1975" the following: ", $35,000,000 for the fiscal year ending

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Page:United States Statutes at Large Volume 90 Part 2.djvu/1247

 PUBLIC LAW 94-573—OCT. 21, 1976 June 30, 1976, $5,083,000 for the period beginning July 1, 1976, and ending September 30, 1976, $45,000,000 for the fiscal year ending September 30, 1977, and $55,000,000 for the fiscal year ending September 30, 1978"; (2) by striking out "for the fiscal year ending June 30, 1976, there are authorized to be appropriated $70,000,000" and inserting in lieu thereof ", there are authorized to be appropriated $70,000,000 for the fiscal year ending September 30, 1979"; and (3) by adding at the end thereof the following new paragraph: "(5)(A) Of the sums appropriated under paragraph (1) for the fiscal year ending September 30, 1977, and for the succeeding fiscal year, at least 2i^ per centum but not more than 5 per centum of such sums for each such fiscal year shall be used for grants and contracts under section 1202. " (B) Of the sums appropriated under paragraph (1) for the fiscal year ending September 30, 1977, and for each of the two succeeding fiscal years, (i) not less than 20 per centum of such sums for each such fiscal years shall be used for grants and contracts under section 1203, and (ii) not less than 20 per centum of such sums for each such fiscal year shall be used for grants and contracts under section 1204.". (b) Section 1207(b) is amended by striking out "two" and inserting in lieu thereof "five".

90 STAT. 2715

42 USC 300d-]L.

4.2 USC 300d-2. 42 USC 300d-3. 42 USC 300d-6.

ADMINISTRATION

SEC. 9. Section 1208 is amended to read as follows: "SEC. 1208. (a) The Secretary shall administer the program of grants and contracts (except for grants and contracts under section 1205) authorized by this part through an identifiable administrative unit specializing in emergency medical services within the Department of Health, Education, and Welfare. "(b) Such administrative unit shall— "(1) be responsible for collecting, analyzing, cataloging, and disseminating all data useful in the development and operation of emergency medical services systems, including data derived from reviews and evaluations of emergency medical services systems assisted under sections 1202, 1203, and 1204; "(2) publish suggested criteria for collecting necessary information for the evaluation of projects and programs funded under this title; "(3) participate fully in the development of regulations, guidelines, funding priorities, and application forms relating to activities carried out under sections 776, 1205, and 1221; "(4) be consulted in advance of the awarding of grants and contracts under sections 776, 1205, and 1221; "(5) be consulted in advance of the issuance of regulations, guidelines, and funding priorities relating to research or training in the area of emergency medical services carried out under any other authority of this Act; "(6) provide technical assistance (with special consideration for applicants in rural areas) and monitoring with respect to grant and contract activities under sections 1202, 1203, 1204, and 1221; and " (7) provide for periodic, independent evaluations of the effectiveness of, and coordination between, the programs carried out

42 USC 300d-7, 42 USC 300d-4..

42 USC 295f-6, 300d-4. P°^t' P- 2718.

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Page:United States Statutes at Large Volume 90 Part 2.djvu/1248

 90 STAT. 2716 42 USC 295f-6. Post, p. 2718. 42 USC 300d-8.

Inya.

Report to Congress.

PUBLIC LAW 94-573—OCT. 21, 1976 under this part and the programs carried out under sections 776 and 1221. "(c) In addition, such administrative unit shall, through the Interagency Committee on Emergency Medical Services (established under section 1209) — "(1) study on a continuing basis (including evaluating the adequacy, technical soundness, and redundancy of) the roles, resources, and responsibilities of all Federal programs and activities relating to emergency medical services; "(2) annually update (A) the Federal emergency medical services funding and resource-sharing plan, (B) the description of sources of Federal support, and (C) the recommended uniform standards with respect to emergency medical services equipment and training, all initially developed and published by the Committee under section 1209(b); "(3) make recommendations to the Secretary respecting steps he might take, using the authorities available to him, to encourage States to implement the recommended uniform standards described in paragraph (2)(C); and "(4) make recommendations to the Secretary respecting the administration of, and regulations under, the programs of grants and contracts under this title. Such unit shall report to the Congress the results of studies made under paragraph (1). The first such report shall be made not later than June 15, 1977, the second such report shall be made not later than February 1, 1978, and subsequent reports shall be made not later than February 1 of each year after 1978.". INTERAGENCY

42 USC 300d-8.

Ante, p. 2715.

Federal emergency medical services funding and resource-sharing plan.

COMMITTEE

SEC. 10. (a) The second sentence of subsection (a) of section 1209 is amended to read as follows: "The Committee shall coordinate and provide for the communication and exchange of information among all Federal programs and activities relating to emergency medical services, and shall carry out its responsibilities under section 1208(c).". (b) Section 1209(b) is amended by striking out "the National Academy of Sciences," and inserting "and from the National Academy of Sciences" after "Education, and Welfare)". (c) Section 1209(e) is amended by striking out "1203" and inserting in lieu thereof "1202, 1203,". (d) Section 1209 is amended by redesignating subsections (b), (c), (d),and (e) as subsections (c), (d), (e),and (f), respectively, and by inserting after subsection (a) the following new subsection: "(b) The Committee shall, not later than July 1, 1977, develop and publish: "(1) A coordinated, comprehensive Federal emergency medical services funding and resource-sharing plan, designed to promote the coordination between, and enhance the effectiveness of, Federal, State, and local funding and operation of programs and agencies relating to emergency medical services and related activities (including communication and transportation systems of public safety agencies). "(2) A description of sources of Federal support for the purchase of vehicles and communications equipment and for training activities related to emergency medical services.

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