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Page:United States Statutes at Large Volume 91.djvu/1182

 91 STAT. 1148

12 USC 1828. 12 USC 1724.

12 USC 1842. 12 USC 1730a. Financial institutions, evaluation.

12 USC 2903.

Report to Congress. 12 USC 2904. Regulations. 12 USC 2905.

PUBLIC LAW 95-128—OCT. 12, 1977 (B) deposit insurance in connection with a newly chartered State bank, savings bank, savings and loan association or similar institution; (C) the establishment of a domestic branch or other facility with the ability to accept deposits of a regulated financial institution; (D) the relocation of the home office or a branch office of a regulated financial institution; (E) the merger or consolidation with, or the acquisition of the assets, or the assumption of the liabilities of a regulated financial institution requiring approval under section 18(c) of the Federal Deposit Insurance Act or under regulation^ issued under the authority of title IV of the National Housing Act; or (F) the acquisition of shares in, or the assets of, a regulated financial institution requiring approval under section 3 of the Bank Holding Company Act of 1956 or section 408 (e) of the National Housing Act. SEC. 804. In connection with its examination of a financial institution, the appropriate Federal financial supervisory agency shall— (1) assess the institution's record of meeting the credit needs of its entire community, including low- and moderate-income neighborhoods, consistent with the safe and sound operation of such institution; and (2) take such record into account in its evaluation of an application for a deposit facility by such institution. SEC. 805. Each appropriate Federal financial supervisory agency shall include in its annual report to the Congress a section outlining the actions it has taken to carry out its responsibilities under this title. SEC. 806. Regulations to carry out the purposes of this title shall be published by each appropriate Federal financial supervisory agency, and shall take effect no later than 390 days after the date of enactment of this title. TITLE IX—MISCELLANEOUS INDIAN AND ALASKA NATIVE HOUSING AND COMMUNITY

42 USC 3533. Special Assistant for Indian and Alaska Native Programs.

Report to Congress.

DEVELOrMENT

SEC. 901. Section 4 of the Department of Housing and Urban Development Act is amended by adding at the end thereof the following: "(d)(1) There shall be in the Department a Special Assistant for Indian and Alaska Native Programs, who shall be responsible for coordinating all programs of the Department relating to Indian and Alaska Native housing and community development. The Special Assistant for Indian and Alaska Native Programs shall be designated by the Secretary not later than 60 days after the date of enactment of this subsection. "(2) The Secretary shall, not later than December 1 of each year, submit to Congress an annual report which shall include— "(A) a description of his actions during the current year and a projection of his activities during the succeeding years; "(B) estimates of the cost of the projected activities for succeeding fiscal years; "(C) a statistical report on the conditions of Indian and Alaska Native housing; and ,!-,...• ••,, I

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Page:United States Statutes at Large Volume 91.djvu/1183

 PUBLIC LAW 95-128—OCT. 12, 1977

91 STAT. 1149

"(D) recommendations for such legislative, administrative, and other actions, as he deems appropriate,". MOBILE H O M E SAFETY

SEC. 902. (a) Section 604 of the Housing and Community Develop- 42 USC 5403. ment Act of 1974 is amended by adding at the end thereof the following: " (h) The Secretary shall exclude from the coverage of this title any Construction structure which the manufacturer certifies, in a form prescribed by and safety standards the Secretary, to be: "(1) designed only for erection or installation on a site-built coverage, exclusion. permanent foundation; "(2) not designed to be moved once so erected or installed; "(3) designed and manufactured to comply with a nationally recognized model building code or an equivalent local code, or with a State or local modular building code recog;nized as generally equivalent to building codes for site-built housing, or with minimum property standards adopted by the Secretary pursuant 12 USC 1707. to title II of the National Housing Act; and " (4) to the manufacturer's knowledge is not intended to be used other than on a site-built permanent foundation.", 42 USC 5409. (b) Section 610(a) of such Act is amended— (1) by striking out "or" at the end of paragraph (4); (2) by striking out the period at the end of paragraph (5) and inserting in lieu thereof "; or"; and (3) by adding at the end thereof the following new paragraph: "(6) issue a certification pursuant to subsection (h) of section 604, if such person in the exercise of due care has reason to know that such certification is false or misleading in a material respect.". HOMEOWNERSHIP COUNSELING

SEC. 903. Section 106(a)(2) of the Housing and Urban Develop- 12 USC 1701x. ment Act of 1968 is amended by inserting the following immediately before the period at the end of the first sentence thereof: "and may provide such services for other owners of single family dwelling units insured under title II of the National Housing Act". PROTOTYPE COSTS

SEC. 904. (a) Beginning in calendar year 1979, the Secretary of Prototype Housing and Urban Development shall prepare and publish annually housing costs, prototype housing costs for one- to four-family dwelling units for each annual publication. housing market area in the United States, as determined by the Secre- 42 USC 3540. tary. Prototype housing costs for an area shall be determined on the basis of the Secretary's identification and estimate of reasonable construction and other costs (including reasonable allowances for the cost of land and site improvements) for that area of various types and sizes of new one- to four-family dwelling units designed for various segments of the housing market of the area, as determined by the Secretary. In determining prototype housing costs, the Secretary is authorized to take into account the need for durability required for economic maintenance of housing, the need for amenities suitable to

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license: Creative Commons - Attribution Share-Alike - https://creativecommons.org/licenses/by-sa/4.0/


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Page:United States Statutes at Large Volume 91.djvu/1184

 91 STAT. 1150

PUBLIC LAW 95-128—OCT. 12, 1977 assure a safe and healthy family life and neighborhood environment, the application of good design and quality in architecture, and the need for maximum conservation of energy, as well as the advice and recommendations of local housing producers. (b) The Secretary is authorized to take such action as may be necessary to develop, aggregate, and evaluate data and other information required for the timely development, implementation, and maintenance of the prototype housing cost system referred to in subsection (a). Approved October 12, 1977.

LEGISLATIVE HISTORY: HOUSE REPORTS: No. 95-236 (Comm. on Banking, Finance and Urban Affairs) and No. 95-634 (Comm. of Conference). SENATE REPORT No. 95-175 accompanying S. 1523 (Comm. on Banking, Housing, and Urban Affairs). CONGRESSIONAL RECORD, Vol. 123 (1977): May 6, 10, 11, considered and passed House. June 6, 7, considered and passed Senate, amended, in lieu of S. 1523. Oct. 1, Senate agreed to conference report. Oct. 4, House agreed to conference report. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 13, No. 42: Oct. 12, Presidential statement.

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Page:United States Statutes at Large Volume 91.djvu/1185

 PUBLIC LAW 95-129—OCT. 16, 1977

91 STAT. 1151

Public Law 95-129 95th Congress An Act To provide for the establishment of a Center for the Book in the Library of Congress, and for other purposes.

Be it enacted by the Seriate and House of Representatives of the United States of America in Congress assembled, DECLARATION OF FINDINGS AND PURPOSE

1. The Congress hereby finds and declares— (1) that the Congress of the United States on April 24, 1800, established for itself a library of the Congress; (2) that in 1815, the Congress purchased the personal library of the third President of the United States which contained materials on every science known to man and described such a collection as a "substratum of a great national library"; (3) that the Congress of the United States in recognition of the importance of printing and its impact on America purchased the Gutenberg Bible in 1930 for the Nation for placement in the Library of Congress; (4) that the Congress of the United States has through statute and appropriations made this library accessible to any member of the public; (5) that this collection of books and other library materials has now become one of the greatest libraries in civilization; (6) that the book and the printed word have had the most profound influence on American civilization and learning and have been the very foundation on which our democratic principles have survived through our two hundred-year history; (7) that in the year 1977, the Congress of the United States assembled hereby declares its reaffirmation of the importance of the printed word and the book and recognizes the importance of a Center for the Book to the continued study and development of written record as central to our understanding of ourselves and our world. It is therefore the purpose of this Act to establish a Center for the Book in the Library of Congress to provide a program for the investigation of the transmission of human knowledge and to heighten public interest in the role of books and printing in the diffusion of this knowledge. SECTION

Oct. 13, 1977 [S. 1331]

Library of Congress. Center for the Book. Establishment. 2 USC 171.

DEFINITIONS

SEC. 2. As used in this Act— (1) the term Center means the Center for the Book; (2) the term Librarian means the Librarian of Congress.

2 USC 172.

ESTABLISHMENT OF THE CENTER

SEC. 3. There is hereby established in the Library of Congress a Center for the Book. The Center shall be under the direction of the Librarian of Congress.

ag-igu o - so - 75

2 USC 173.

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Page:United States Statutes at Large Volume 91.djvu/1186

 91 STAT. 1152

PUBLIC LAW 95-129—OCT. 13, 1977 FUNCTION OF THE CENTER

2 USC 174.

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SEC. 4. The Librarian through the Center shall stimulate public interest and research in the role of the book in the diffusion of knowledge through such activities as a visiting scholar program accompanied by lectures, exhibits, publications, and any other related activities. ADMINISTRATIVE PROVISIONS

2 USC 175. Regulations.

SEC. 5. The Librarian of Congress, in carrying out the Center's functions, is authorized to— (1) prescribe such regulations as he deems necessary; (2) receive money and other property donated, bequeathed, or devised for the purposes of the Center, and to use, sell, or otherwise dispose of such property for the purposes of carrying out the Center's functions, without reference to Federal disposal statutes; and (3) accept and utilize the services of voluntary and noncompensated personnel and reimburse them for travel expenses, including per diem, as authorized by section 5703 of title 5, United States Code. Approved October 13, 1977.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-491 accompanying H.R. 6214 (Comm. on House Administration). SENATE REPORT No. 95-315 (Comm. on Rules and Administration). CONGRESSIONAL RECORD, Vol. 123 (1977): July 12, considered and passed Senate. Sept. 26, considered and passed House, amended, in lieu of H.R. 6214. Sect. 30, Senate agreed to House amendments.

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Page:United States Statutes at Large Volume 91.djvu/1187

 PUBLIC LAW 95-130—OCT. 13, 1977

91 STAT. 1153

Public Law 95-130 95th Congress Joint Resolution Making continuing appropriations for the fiscal year 1978, and for other purposes.

Oct. 13, 1977 [H.J. Res. 626]

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums Continuing are appropriated out of any money in the Treasury not otherwise appropriations, appropriated, and out of applicable corporate or other revenues, ^^^^• receipts, and funds, for the several departments, agencies, corporations, and other organizational units of the Government for the fiscal year 1978, namely: SEC. 101. (a)(1) Such amounts as may be necessary for continuing projects or activities which were conducted in the fiscal year 1977, and for which appropriations, funds, or other authority would be available in the conference agreement on the Departments of Labor, and Health, Education, and Welfare, and Related Agencies Appropriation Act, 1978 (H.R. 7555), but at a rate for operations not in excess of the current rate or the rate provided for in said appropriation act, whichever is lower. (2) Appropriations made by this subsection shall be available to the extent and in the manner available in the fiscal year 1977. (b) Such amounts as may be necessary for continuing projects or activities which were conducted in the fiscal year 1977, and for which appropriations, funds, or other authority would be available in the District of Columbia Appropriations Act, 1978 (H.R. 9005) as passed the House of Representatives or the Senate, but at a rate of operations not in excess of the current rate: Provided, That the Advisory Neighborhood Commissions shall be continued at an annual rate of not to exceed $500,000; and (c) Such amounts as may be necessary to continue to pay the salaries and related personnel benefits of employees engaged in carrying out the functions which would be provided for in the Foreign Assistance and Related Programs Appropriation Act, 1978 (H.R. 7797) as passed the House of Representatives or the Senate. The provisions of this subsection shall not be construed to provide appropriations to commence or continue any program, project or activity provided for in said appropriation act. SEC. 102. Appropriations and funds made available and authority granted pursuant to this joint resolution shall be available from October 1, 1977, and shall remain available until (a) enactment into law of an appropriation for any project or activity provided for in this joint resolution, or (b) October 31, 1977, whichever first occurs. SEC. 103, Appropriations and funds made available or authority granted pursuant to this joint resolution may be used without regard to the time limitations for submission and approval of apportionments set forth in 31 U.S.C. 065 (d)(2), but nothing herein shall be construed to waive any other provision of law governing the apportionment of funds. SEC. 104. Appropriations made and authority granted pursuant to this joint resolution shall cover all obligations or expenditures incurred for any project or activity during the period for which funds or authority for such project or activity are available under this joint resolution.

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Page:United States Statutes at Large Volume 91.djvu/1188

 91 STAT. 1154

PUBLIC LAW 95-130—OCT. 13, 1977 SEC. 105. Expenditures made pursuant to this joint resolution shall be charged to the applicable appropriation, fund, or authorization whenever a bill in which such applicable appropriation, fund, or authorization is contained is enacted into law. SEC. 106. No appropriation or fund made available or authority granted pursuant to this joint resolution shall be used to initiate or resume any project or activity for which appropriations, funds, or other authority were not available during the fiscal year 1977. SEC. 107. Any appropriation for the fiscal year 1978 required to be apportioned pursuant to 31 U.S.C 665, may be apportioned on a basis indicating the need (to the extent any such increases cannot be absorbed within available appropriations) for a supplemental or deficiency estimate of appropriation to the extent necessary to permit payment of such pay increases as may be granted pursuant to law to civilian officers and employees and to active and retired military personnel. Each such appropriation shall otherwise be subject to the requirements of 31 U.S.C. 665. SEC. 108. All obligations incurred in anticipation of the appropriations and authority provided in this joint resolution are hereby ratified and confirmed if otherwise in accordance with the provisions of this joint resolution. Approved October 13, 1977.

LEGISLATIVE HISTORY: CONGRESSIONAL RECORD, Vol. 123 (1977): Oct. 13, considered and passed House and Senate.

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Page:United States Statutes at Large Volume 91.djvu/1189

 PUBLIC LAW 95-131—OCT. 13, 1977

91 STAT. 1155

Public Law 95-131 95th Congress An Act To amend the District of Columbia Self-Government and Governmental Reorganization Act with respect to the borrowing authority of the District of Columbia, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 72P> of the District of Columbia Self-Government and Governmental Reorganization Act (D.C. Code, sec. 47-241 note) is amended— (1) in subsection (a) by striking out "the effective date of title IV" in the first sentence and inserting in lieu thereof "October 1, 1979"; and (2) by adding at the end thereof the following new subsection: "(d) The authority contained in this section to make loans shall be effective for any fiscal year only to such extent or in such amounts as are provided in appropriation Acts.". SEC. 2. Section 448(4) of the District of Columbia Self-Government and Governmental Reorganization Act (D.C. Code, sec. 47-226(4)) is amended by striking out "November 1" and inserting in lieu thereof "February 1". SEC. 3. (a) Section 431(e)(1)(C) of the District of Columbia SelfGo vernment and Governmental Reorganization Act (D.C. Code, title 11 App. 431 (e)(1)(C)) is amended— (1) by striking out "202" and inserting in lieu thereof "102"; and (2) by striking out "subsection (b)(4)(D) " and inserting in lieu thereof "paragraph (3)(E)". (b) Section 434(b)(1)(C) of such Act (D.C. Code, title 11 App. 434(b)(1)(C)) is amended— (1) by striking out "202" and inserting in lieu thereof "102"; and (2) by striking out "subsection (b)(4)(D) " and inserting in lieu thereof "paragraph (4)(E) ".

Oct. 13. 1977 [H.R. 6530]

District of Columbia SelfGovernment and Governmental Reorganization Act, amendment.

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Page:United States Statutes at Large Volume 91.djvu/1190

 91 STAT. 1156 D.C. Code note prec. title 1. DC. Code D^C^ctde 9-220*note j^gpgal '

PUBLIC LAW 95-131—OCT. 13, 1977 SEC. 4. Section 743 of the District of Columbia Self-Government and Governmental Reorganization Act is amended— (1) by striking out "60 Stat. 195" in subsection (b) and insert^^^ ^^ ^^^^ thereof "64 Stat. 195"; (^) ^^ redesignating subsection (e) as subsection (f); and (3) by inserting after subsection (d) the following new subsection: "(e) Section 4 of the Act entitled 'An Act to authorize the Commissioners of the District of Columbia to plan, construct, operate, and maintain a sanitary sewer to connect the Dulles International Airport with the District of Columbia system', approved June 12, 1960 (74 Stat. 211; D.C. Code, sec. 43-1623), is repealed.". Approved October 13, 1977.

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LEGISLATIVE HISTORY: HOUSE REPORT No. 95-248 (Coram, on the District of Columbia). SENATE REPORT No. 95-224 accompanying S. 1061 (Coram, on Governmental Affairs). CONGRESSIONAL RECORD, Vol. 123 (1977): June 13, S. 1061 considered and passed Senate. Sept. 26, considered and passed House. Oct. 4, considered and passed Senate.

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Page:United States Statutes at Large Volume 91.djvu/1191

 PUBLIC LAW 95-132—OCT. 13, 1977

91 STAT. 1157

Public Law 95-132 95th Congress An Act To raise the limitation on appropriations for the United States Commission on Civil Rights.

Uct. 16, i^ll [H.R. 5645]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled.^ That this Act may Civil Rights be cited as the "Civil Rights Commission Authorization Act of 1977". Commission SEC. 2. Section 106 of the Civil Rights Act of 1957 (42 U.S.C. ^ct J S T T 1975e), as amended is further amended to read as follows: ^2 USC 1975 "SEC. 106. For the purposes of carrying out this Act, there is hereby ^^^^ authorized to be appropriated for the fiscal year ending September 30, Appropriation 1978, the sum of $10,480,000 and such additional amounts as may be authorization, necessary for increases in salary, pay, retirement, and other employee benefits authorized by law which arise subsequent to the date of the enactment of the Civil Rights Commission Authorization Act of 1977.". Approved October 13, 1977.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-324 (Coram, on the Judiciary). SENATE REPORT No. 95-223 accompanying S. 1231 (Comm. on the Judiciary). CONGRESSIONAL RECORD, Vol. 123 (1977): May 23, considered and passed House. June 13, considered and passed Senate, amended, in heu of S. 1231. Sept. 27, House agreed to Senate amendment with an amendment. Sept. 30, Senate concurred in House amendment.

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Page:United States Statutes at Large Volume 91.djvu/1192

 91 STAT. 1158

PUBLIC LAW 95-133—OCT. 15, 1977

Public Law 95-133 95th Congress An Act Oct. 15, 1977 [S. 667]

Indians.

Te-Moak Bands, Western Land in*t st

-PQ declare certain federally owned land held in trust by the United States for the Te-Moak Bands of Western Shoshone Indians.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, subject to all valid existing rights-of-way, leases and easements, all right, title, and interest of the United States in and to the following described land. ^^^ improvements thereon, are hereby declared to be held by the United States in trust for the Te-Moak Bands of Western Shoshone Indians: The north half of the southwest quarter of section 4, township 37 north, range 62 east. Mount Diablo base and meridian. Approved October 15, 1977.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-624 (Coram, on Interior and Insular Affairs). SENATE REPORT No. 95-237 (Comra. en Indian Affairs). CONGRESSIONAL RECORD, Vol. 123 (1977): June 9, considered and passed Senate. Oct. 3, considered and passed House.

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Page:United States Statutes at Large Volume 91.djvu/1193

 PUBLIC LAW 95-134—OCT. 15, 1977

91 STAT. 1159

Public Law 95-134 95th Congress An Act To authorize certain appropriations for the territories of the United States, to amend certain Acts relating thereto, and for other purposes. Be it enacted by the Senate and House of Representatives United States of America in Congress assembled,

Oct. 15, 1977 [H.R. 6550]

of the

TITLE I SEC. 101. (a) Section 2 of the Act of June 30, 1954 (68 Stat. 330), as amended, is further amended by changing " and such amounts as were authorized but not appropriated for jfiscal year 1975," to read "and such amounts as were authorized but not appropriated for fiscal years 1975, 1976, and 1977: for fiscal year 1978, $90,000,000; for fiscal year 1979, $122,700,000; for fiscal year 1980, $112,000,000;". (b) Section 2 of the Act of June 30, 1954 (68 Stat. 330), as amended, is further amended by (1) deleting "but not to exceed $10,000,000," and (2) deleting all of the language beginning with the words "which amounts for each fiscal year " u p to and including the words "calendar year 1974,". SEC. 102. Until the provisions of the covenant to establish a Commonwealth for the Northern M a r i a n a Islands (90 Stat. 263) have been met and approved as required in section 1003(b) thereof, there is hereby authorized to be appropriated $13,515,000 for the government of the Northern Mariana Islands. W h e n such conditions are met, the appropriations authorized in article VII, section 704, of said covenant shall become effective. SEC. 103. For the rehabilitation and resettlement of Enewetak Atoll in the T r u s t Territory of the Pacific Islands there is hereby authorized to be appropriated $12,400,000 ( July 1976 prices) plus or minus such amounts, if any, as may be justified by reason of ordinary fluctuations in construction costs as indicated by engineering cost indexes applicable to the types of construction involved. SEC. 104. (a) I n addition to appropriations authorized to compensate inhabitants of Rongelap Atoll and U t i r i k Atoll in the T r u s t Territory of the Pacific Islands for radiation exposure sustained by them as a result of a thermonuclear detonation at Bikini Atoll in the Marshall Islands on March 1, 1954, pursuant to the Act of August 22, 1964 (78 Stat. 598), effective October 1, 1977, there are authorized to be appropriated such amounts as may be necessary to carry out the provisions of this section and the Secretary of the Interior (hereafter m this section referred to as the "Secretary") is authorized and directed to make the payments as hereafter provided in this paragraph to individuals, or to their heirs or legatees, as the case may be, who were on March 1, 1954, residents on Rongelap Atoll or U t i r i k Atoll in the Marshall Islands: (1) The Secretary shall pay $25,000 to each such individual from whom the thyroid gland or a neurofibroma in the neck was surgically removed, or who has developed hypothyroidism, or who develops a radiation-related malignancy, such as leukemia. (2) The Secretary shall pay $1,000 to each individual who, on such date, was a resident on U t i r i k Atoll.

Territories of the United States. Appropriation authorization. Trust Territory of the Pacific Islands. 48 USC 1681 note.

Northern Mariana Islands. 48 USC 1681 note.

Enewetak Atoll.

Rongelap Atoll and Utirik Atoll. Radiation victims. Payments to heirs or legatees.

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Page:United States Statutes at Large Volume 91.djvu/1194

 91 STAT. 1160

Medical care and treatment.

G>8t8.

Report to congressional committees.

Additional payment, limitation.

Rongelap, Utirik, and Bikini Atolls, sums for community purposes.

Rules and regulations. Adjudicated claims and final awards. 50 USC app. 2018.

PUBLIC LAW 95-134—OCT. 15, 1977 (3) Where circumstances warrant, as he shall determine, the Secretary shall pay an amount not in excess of $25,000 as he determines to be an appropriate compassionate compensation to each such individual who has suffered any physical injury or h a r m from a radiation-related cause but who is not an individual described in paragraph (1). (4) I n addition to the payments provided in paragraph s (1), (2), and (3) of this subsection, the Secretary snail provide by appropriate means adequate medical care and treatment for any person who has a continuing need for the care and treatment of any radiation injury or illness directly related to the thermonuclear detonation referred to in paragraph (a) of this section. The costs of such medical care and treatment shall be assumed by the Administrator of the Energy Kesearch and Development Administration. (5) Not later than December 31, 1980, the Secretary shall report to the appropriate committees of the United States Congress for their consideration what, if any, additional compassionate compensation may be justified for those individuals continuing to suffer from injuries or illnesses directly related to radiation resulting from the thermonuclear detonation referred to in paragraph (a) of this section. I n the case of the demise of any individual entitled to receive payment under this section who expires before receiving such payment, the Secretary shall pay the amount which that individual would have been entitled to receive under this section to the heirs or legatees of such individual, in accordance with an appropriate method of distribution per stirpes, and not per capita. Where the demise of any individual eligible for payment under paragraph (1) or (3) supra is directly related to the thermonuclear detonation referred to in paragraph (a) of this section, the Secretary may make an additional compassionate payment not to exceed $100,000 to the heirs or legatees of such individual. I n determining the amount of such payment the Secretary shall consider, but is not limited to, the following: any payments which the deceased has received or would have been eligible to receive under this section, and loss of support, services, or contributions to the heirs or legatees. (b) For the use of each of the island communities of Kongelap, Utirik, and Bikini Atolls there is authorized to be appropriated $100,000. Such funds are to be paid by the Secretary, in conjunction with guidelines to be established by the H i g h Commissioner of the Trust Territory of the Pacific Islands, for such community purposes as the municipal councils of such island communities may direct. (c) A payment made under the provisions of this section shall be in full settlement and discharge of all claims against the United States arising out of the thermonuclear detonation on March 1, 1954. (d) The decisions of the Secretary in allowing or denying any claim for payment under this section shall be final and conclusive on all questions of law and fact and not subject to review by any other official of the United States, or by any court by mandamus or otherwise. (e) The Secretary is authorized to make such rules and regulations as he determines necessary to carry out the provisions of this section. SEC. 105. I n addition to amounts heretofore authorized pursuant to the Micronesian Claims Act of 1971 (85 Stat. 96), there are hereby authorized to be appropriated to the Secretary of the Interior such sums as may be necessary to satisfy all adjudicated claims and final awards made by the Micronesian Claims Commission to date under

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Page:United States Statutes at Large Volume 91.djvu/1195

 PUBLIC LAW 95-134—OCT. 15, 1977

91 STAT. 1161

title I and title II of said 1971 Act, for full payment of such awards: 50 USC app. Provided, That no sums appropriated pursuant to this section may be 2019, 2020. paid on awards pursuant to title I of said 1971 Act until, subsequent to the date of enactment of this section, the Government of Japan has Contribution by provided to the Government of the Trust Territory of the Pacific Government of Islands a contribution, which contribution may be in goods and serv- Japan. ices, which has a value as determined by the Secretary of the Interior equivalent to not less than 50 per centum of the total awards made pursuant to title I of said 1971 Act less $10,000,000 from such total: Provided further, That prior to making any payment on an award Award, review pursuant to either title I or title II of said 1971 Act, the Secretary shall review such award and determine whether any portion of such award constitutes interest not authorized to be awarded under the said 1971 Act and shall exclude from his payment such amounts as he determines constitute such interest. The Secretary's determination of the proportion of any award which constitutes such interest and the proportion which constitutes value shall be final and shall not be subject to judicial review. TITLE II SEC. 201. (a) There is hereby authorized to be appropriated to the Secretary of the Interior (hereinafter referred to as the Secretary), not to exceed $15,000,000 for a grant to the Government of Guam to assist in typhoon rehabilitation, upgrading and construction of public facilities, and maintenance of essential services. (b) Funds provided under this Act may be used by Guam as its matching share for Federal programs and services. (c) The Government of Guam in carrying out the purpose of this Act may utilize, to the extent practicable, the available services and facilities of agencies and instrumentalities of the United States Government on a reimbursable basis. Reimbursements may be credited to the appropriation or fund which provided the services and facilities. Agencies and instrumentalities of the United States Government may, when practicable, make available to the Government of Guam upon request of the Secretary such services and facilities as they are equipped to render or furnish, and they may do so without reimbursement if otherwise authorized by law. (d) The Secretary may place such stipulations as he deems appropriate on the use of funds appropriated pursuant to section 301(a). SEC. 202. Section 2 of the Guam Development Fund Act of 1968 (82 Stat. 1172; 48 U.S.C. 1428) is amended by changing "SEC. 2." to "SEC. 2. (a) " and adding at the end thereof the following new subsection (b): "(b) In addition to the appropriations authorized in subsection (a), $1,000,000 is authorized to be appropriated to the Secretary of the Interior to be paid to the Government of Guam annually for five fiscal years commencing in fiscal year 1978 to carry out the purposes of this Act". SEC. 203. The Organic Act of Guam (64 Stat. 394) as amended (48 U.S.C. 1421 et seq.) is further amended: (a) by deleting from the first sentence of section 9-A(a) everything after the words "government of Guam"; adding a period after "Guam"; and inserting the following sentence; "Effective October 1, 1977, the salary and expenses of the Comptroller's office shall be paid from funds authorized to be appropropriated to the Department of the Interior.";

Government of Guam.

Services and facilities of U.S. Government, utilization.

Post, p. 1162.

Additional appropriation authorizations.

Government comptroller, salary and expenses. 48 USC 1422d.

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Page:United States Statutes at Large Volume 91.djvu/1196

 91 STAT. 1162 48 USC 1681b. Separate tax. 48 USC 1421i.

District Court of Guam, review of claims. 48 USC 1424c.

Land acquisitions effected through judicial condemnation proceedings. Fair compensation.

Special masters or judges, employment.

Attorney's fees, limitation. Violation, penalty.

Grants to Government of Guam.

PUBLIC LAW 95-134—OCT. 15, 1977 (b) the Act of June 30, 1954 (68 Stat. 330), as amended, is further amended by deleting the last sentence of section 4(a); (c) by changing the period at the end of section 31(a) to a colon and inserting the following: '•''Provided, That notwithstanding any other provision of law, the Legislature of Guam may levy a separate tax on all taxpayers in an amount not to exceed 10 per centum of their annual income tax obligation to the Government of Guam.". SEC. 204. (a) Notwithstanding any law or court decision to the contrary, the District Court of Guam is hereby granted authority and jurisdiction to review claims of persons, their heirs or legatees, from whom interests in land on Guam were acquired other than through judicial condemnation proceedings, in which the issue of compensation was adjudicated in a contested trial in the District Court of Guam, by the United States between July 21, 1944, and August 23, 1963, and to award fair compensation in those cases where it is determined that less than fair market value Avas paid as a result of (1) duress, unfair influence, or other unconscionable actions, or (2) unfair, unjust, and inequitable actions of the United States. (b) Land acquisitions effected through judicial condemnation proceedings in which the issue of compensation was adjudicated in a contested trial in the District Court of Guam, shall remain res judicata and shall not be subject to review hereunder. (c) Fair compensation for purposes of this Act is defined as such additional amounts as are necessary to effect payment of fair market value at the time of acquisition, if it is determined that, as a result of duress, unfair influence, or other unconscionable actions, fair market value was not paid. Interest may not be allowed from the time of acquisition to the date of the award on such additional amounts as may be awarded pursuant to this section. (d) The District Court of Guam may employ and utilize the services of such special masters or judges as are necessary to carry out the intent and purposes hereof. (e) Awards made hereunder shall be judgments against the United States. (f) Attorney's fees paid by claimants to counsel representing them may not exceed 5 per centum of any additional award. Any agreement to the contrary shall be unlawful and void. Whoever, in the United States or elsewhere, demands or receives any remuneration in excess of the maximum permitted by this section shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $5,000 or imprisoned not more than twelve months, or both. A reasonable attorney's fee may be awarded in appropriate cases. (g) All agencies and departments of the United States Government shall, upon request, deliver to the court any documents, records, and writings which are pertinent to any claim under review. SEC. 205. There is hereby authorized to be appropriated to the Secretary of the Interior such sums as may be necessary for grants to the Government of Guam to meet the health care needs of Guam, but not to exceed $25,000,000: Provided, That no grant may be made by the Secretary of the Interior pursuant to this section without the prior approval of the Scyetary of Health, Education, and Welfare. TITLE III

Government comptroller, salaries and expenses.

SEC. 301. (a) The Revised Organic Act of the Virgin Islands (68 Stat. 504) as amended (48 U.S.C. 1599) is further amended as follows: Delete from the first sentence of section 17(a) everything after the

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Page:United States Statutes at Large Volume 91.djvu/1197

 PUBLIC LAW 95-134—OCT. 15, 1977

91 STAT. 1163

words "government of the V i r ^ n Islands", add a period after "Virgin Islands" and insert the following sentence: "Effective October 1, 1977, the salary and expenses of the Comptroller's office shall be paid from funds authorized to be appropriated to the Department of the Interior.". (b) Section 9(d) of the Revised Organic Act of the Virgin Islands Legislative (68 Stat. 497; 48 U.S.C. 1541 et seq.) is amended by inserting immedi- procedure. ately before the period at the end thereof the following: ", unless the 48 USC 1575. legislature, after reconsideration upon motion of a member thereof, passes such items, parts, or portions so objected to by a vote of twothirds of all the members of the legislature." (c) Section 8 of the Revised Organic Act of the Virgin Islands (48 U.S.C. 1574) is amended by adding at the end thereof the following new subsection: "(f)(1) The Legislature of the Virgin Islands may impose on the Customs duty. importation of any article into the Virgin Islands for consumption therein a customs duty. The rate of any customs duty imposed on any Rate, limitation. article under this subsection may not exceed— "(A) if an ad valorem rate, 6 per centum ad valorem; or "(B) if a specific rate or a combination ad valorem'and specific rate, the equivalent or 6 per centum ad valorem. "(2) Nothing in this subsection shall prohibit the Legislature of Duty-free the Virgin Islands from permitting the duty-free importation of any importation. article. "(3) Nothing in this subsection shall be construed as empowering the Legislature of the Virgin Islands to repeal or amend any provision in law in effect on the day before the date of the enactment of this subsection which pertains to the customs valuation or customs classification of articles imported into the Virgin Islands.". TITLE IV SEC. 401. The Secretary of the Interior is directed to submit to the Congress not later than January 1, 1978, a report on Federal programs available to the territories of the United States indicating in such report what programs are available to each territory, what additional programs would be of benefit to such territory if made available, what changes or modifications to each program should be made to improve the operation and effectiveness of each program and the estimated costs of such program. There is hereby authorized to be appropriated for fiscal year 1978 $50,000 to assist the Secretary in the preparation of this report. SEC. 402. In order to compensate the territories of Guam and the Virgin Islands for xmexpected revenue losses occasioned by the Tax Reduction Act of 1975 and the Tax Reform Act of 1976 there is hereby authorized to be appropriated to the Secretary for grants to the government of Guam not to exceed $15,000,000 and after October 1, 1977, for grants to the government of the Virgin Islands not to exceed $14,000,000, such sums being in addition to those previously authorized for such purposes. SEC. 403. Effective on the date of enactment of this Act, those laws, except for any laws administered by the Social Security Administration and except for medicaid which is now administered by the Health Care Financing Administration, which are referred to in section 502 (a)(1) (except for the reference to the Micronesian Claims Act of 1971 (85 Stat. 96)) of the Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union With the United States of America, approved by joint resolution approved on March 24,

Federal programs, availability to U.S. territories. Report to Congress. 43 USC 1457 note.

Guam and the Virgin Islands. 26 USC 7651 note. 26 USC 1 note.

48 USC 1681 note.

90 Stat. 268. 50 USC app. 2018.

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Page:United States Statutes at Large Volume 91.djvu/1198

 91 STAT. 1164

PUBLIC LAW 95-134—OCT. 15, 1977 1976 (90 Stat. 263), and 502(a)(2) of said Covenant shall be applicable to the territories of Guam and the Virgin Islands on the same terms and conditions as such laws are applied to the Commonwealth of the Northern Mariana Islands. TITLE V

Insular Areas. 48 USC 1469a.

Consolidation of grants.

Allocation of funds.

Grants-in-aid regulations; publication in Federal Register.

Waivers.

SEC. 501. In order to minimize the burden caused by existing application and reporting procedures for certain grant-in-aid programs available to the Virgin Islands, Guam, American Samoa, the Trust Territory of the Pacific Islands, and the Government of the Northern Mariana Islands (hereafter referred to as "Insular Areas") it is hereby declared to be the policy of the Congress that: (a) Notwithstanding any provision of law to the contrary, any department or agency of the Government of the United States which administers any Act of Congress which specifically provides for making grants to any Insular Area under which payments received may be used by such Insular Area only for certain specified purposes (other than direct payments to classes of individuals) may, acting through appropriate administrative authorities of such department or agency, consolidate any or all grants made to such area for any fiscal year or years. (b) Any consolidated grant for any insular area shall not be less than the sum of all grants which such area would otherwise be entitled to receive for such year. (c) The funds received under a consolidated grant shall be expended in furtherance of the programs and purposes authorized for any of the grants which are being consolidated, which are authorized under any of the Acts administered by the department or agency making the grant, and which would be applicable to grants for such programs and purposes in the absence of the consolidation, but the Insular Areas shall determine the proportion of the funds granted which shall be allocated to such programs and purposes. (d) Each department or agency making grants-in-aid shall, by regulations published in the Federal Register, provide the method by which any Insular Area may submit (i) a single application for a consolidated grant for any fiscal year period, but not more than one such application for a consolidated grant shall be required by any department or agency unless notice of such requirement is transmitted to the appropriate committees of the United States Congress together with a complete explanation of the necessity for requiring such additional applications and (ii) a single report to such department or agency with respect to each such consolidated grant: Provided, That nothing in this paragraph shall preclude such department or agency from providing adequate procedures for accounting, auditing, evaluating, and reviewing any programs or activities receiving benefits from any consolidated grant. The administering authority of any department or agency, in its discretion, may (i) waive any requirement for matching funds otherwise required by law to be provided by the

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Page:United States Statutes at Large Volume 91.djvu/1199

 PUBLIC LAW 95-134—OCT. 15, 1977 Insular Area involved and (ii) waive the requirement that any Insular Area submit an application or report in writing with respect to any consolidated grant. Approved October 15, 1977.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-228 (Comm. on Interior and Insular Affairs). SENATE REPORT No. 95-332 (Comm. on Energy and Natural Resources). CONGRESSIONAL RECORD, Vol. 123 (1977): May 2, considered and passed House. July 25, considered and passed Senate, amended. Sept. 27, House agreed to certain Senate amendments with amendments. Sept. 28, Senate concurred in House amendments with an amendment. Sept. 29, 30, House concurred in Senate amendment with an amendment. Sept. 30, Senate concurred in House amendment.

91 STAT. 1165

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 91 STAT. 1166

PUBLIC LAW 95-135—OCT. 15, 1977

Public Law 95-135 95th Congress Oct. 15, 1977 [S.J. Res. 89]

Territories of the United States. Appropriation authorization, amendment. Ante, p. 1159. 48 USC 1681 note.

50 USC app. 2018. Effective date. 48 USC 1681 note.

Joint Resolution

To amend an Act entitled "To authorize certain appropriations for the territories of the United States, to amend certain Acts relating thereto, and for other purposes" (enrolled bill H.R. 6550, Ninety-fifth Congress, first session).

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That section 403 of an Act entitled "To authorize certain appropriations for the territories of the United States, to amend certain Acts relating thereto, and for other purposes" (enrolled bill H.E. 6550, Ninety-fifth Congress, first session), be amended to read: "SEC. 403. Effective on the date when section 502 of the Covenant to Esta:blish a Commonwealth of the Northern Mariana Islands in Political Union With the United States of America, approved by joint resolution approved on March 24, 1976 (90 Stat. 263) goes into force those laws which are referred to in section 502(a)(1) of said Covenant, except for any laws administered by the Social Security Administration, except tor medicaid which is now administered by the Health Care Financing Administration, and except the Micronesian Claims Act of 1971 (85 Stat, 96) shall be applicable to the territories of Guam and the Virgin Islands on the same terms and conditions as such laws are applied to the Northern Mariana Islands.". SEC. 2. This amendatory joint resolution shall be effective as of the approval of said Act entitled "To authorize certain appropriations for the territories of the United States, to amend certain Acts relating thereto, and for other purposes" (enrolled bill H.R. 6550, Ninety-fifth Congress, first session). Approved October 15, 1977.

LEGISLATIVE HISTORY: CONGRESSIONAL RECORD, Vol. 123 (1977): Oct. 12, considered and passed Senate. Oct. 13, considered and passed House.

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Page:United States Statutes at Large Volume 91.djvu/1201

 PUBLIC LAW 95-136—OCT. 18, 1977

Public Law 95-136 95th Congress

91 STAT. 1167

An Act

To authorize appropriations for fiscal year 1978 to carry out the Marine Mammal Protection Act of 1972.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 110(c) of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1380(c)) is amended to read as follows: "(c) There are authorized to be appropriated, for the purposes of carrying out this section, not to exceed the following sums for the following fiscal years: " (1) $2,500,000 for each of the fiscal years ending June 30, 1973, June 30, 1974, June 30, 1975, September 30, 1976, and September 30, 1977, of which one-third oi the sum appropriated for any such fiscal year shall be available to the Secretary of the Interior and two-thirds of any such sum shall be available to the Secretary of Commerce. "(2) $1,200,000, all of which shall be available to the Secretary of the Interior, for the fiscal year ending September 30, 1978. "(3) $200,000, all of which "shall be available to the Secretary of Commerce, for the fiscal year ending September 30, 1978.". SEC. 2. Section 114 of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1384) is amended— (1) by amending subsection (a) by inserting ", and not to exceed $11,500,000 for the fiscal year ending September 30, 1978," immediately after "fiscal years"; and (2) by amending subsection (b) — (A) by striking out "and" immediately after "June 30, 1973,", and (B) by inserting ", and not to exceed $850,000 for the fiscal year ending September 30, 1978" immediat(ly after "thereafter". SEC. 3. Section 207 of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1407) is amended to read as follows:

Oct. 18, 1977 [S. 1522]

Marine Mammal Protection Act of 1972, amendment. Research grants. Appropriation authorizations.

"AUTHORIZATIONS OF APPROPRIATIONS

"SEC. 207. There are authorized to be appropriated for the fiscal year in which this title is enacted and for the next five fiscal years thereafter such sums as may be necessary to carry out this title, but the sums appropriated for any fiscal year other than the fiscal year ending September 30, 1978, shall not exceed $1,000,000, and the sum appropriated for the fiscal year ending September 30, 1978, shall not exceed $2,000,000.". SEC. 4. Section 102 of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1372) is amended by adding at the end thereof the following new subsection: "(f) It is unlawful for any person or vessel or other conveyance to take any species of whale incident to commercial whaling in waters subject to the jurisdiction of the United States.".

Prohibitions. Whales, taking.

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Page:United States Statutes at Large Volume 91.djvu/1202

 91 STAT. 1168 33 USC 476.

PUBLIC LAW 95-136—OCT. 18, 1977 SEC. 5. (a) The Congress finds that— (1) the navigable waters of Puget Sound in the State of Washington, and the natural resources therein, are a fragile and important national asset; (2) Puget Sound and the shore area immediately adjacent thereto is threatened by increased domestic and international traiSc of tankers carrying crude oil in bulk which increases the possibility of vessel collisions and oil spills; and (3) it is necessary to restrict such tanker traffic in Puget Sound in order to protect the navigable waters thereof, the natural resources therein, and the shore area immediately adjacent thereto, from environmental harm. (b) Notwithstanding any other provision of law, on and after the date of enactment of this section, no officer, employee, or other official of the Federal Government shall, or shall have authority to, issue, renew, grant, or otherwise approve any permit, license, or other authority for constructing, renovating, modifying, or otherwise altering a terminal, dock, or other facility in, on, or immediately adjacent to, or affecting the navigable waters of Puget Sound, or any other navigable waters in the State of Washington east of Port Angeles, which will or may result in any increase in the volume of crude oil capable of being handled at any such facility (measured as of the date of enactment of this section), other than oil to be refined for consumption in the State of Washington. Approved October 18, 1977.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-336 accompanying H.R. 4740 (Comm. on Merchant Marine and Fisheries). SENATE REPORT No. 95-177 (Comm. on Commerce, Science, and Transportation). CONGRESSIONAL RECORD, VoL 123 (1977): July 18, considered and passed Senate. Sept. 12, considered and passed House, amended, in heu of H.R. 4740. Oct. 4, Senate concurred in House amendment with amendments. Oct. 4, 5, House concurred in Senate amendments.

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Page:United States Statutes at Large Volume 91.djvu/1203

 PUBLIC LAW 95-137—OCT. 18, 1977

91 STAT. 1169

Public Law 95-137 95th Congress An Act To amend the Controlled Substances Act to extend for three fiscal years the authorization of appropriations under that Act for the expenses of the Department of Justice in carrying out that Act.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) section 709(a) of the Controlled Substances Act (21 U.S.C. 904(a)) is amended— (1) by striking out "and" after "1976,", (2) by striking out "June 30, 1977" and inserting in lieu thereof "September 30, 1977, $188,000,000 for the fiscal year ending September 30, 1978, and $215,000,000 for the fiscal year ending September 30, 1979,", and (3) by striking out "(other than its expenses incurred in connection with carrying out section 103(a))". (b) Section 103 of such Act (21 U.S.C. 803) is repealed. Approved October 18, 1977.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-298 (Comm. on Interstate and Foreign Commerce). SENATE REPORT No. 95-444 (Comm. on the Judiciary). CONGRESSIONAL RECORD, Vol. 123 (1977): May 17, considered and passed House. Sept. 29, considered and passed Senate, amended. Oct. 4, House concurred in Senate amendment.

Oct. 18, 1977 [H.R. 5742]

Controlled Substances Act, amendment.

Repeal.

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Page:United States Statutes at Large Volume 91.djvu/1204

 91 STAT. 1170

PUBLIC LAW 95-138—OCT. 18, 1977

Public Law 95-138 95th Congress An Act Oct. 18, 1977 [H.R. 9354]

Staff allowances for former Presidents, limitation.

Effective date. 3 USC 102 note.

To amend the Act of August 25, 1958, with respect to staff allowances for former Presidents. Be it eimcted by the Senate and House of Representatives of the United States of America in Congress assembled, That subsection (b) of the first section of the Act of August 25, 1958, entitled " A n Act to provide retirement, clerical assistance, and free mailing privileges to former Presidents of the United States, and for other purposes", as amended (3 U.S.C. 102 note) is amended by inserting after "$96,000 per a n n u m " the following: ", except that for the first 30-month period during which a former President is entitled to staff assistance under this subsection, such rates of compensation in the aggregate shall not exceed $150,000 per annum". SEC. 2. The amendment made by the first section of this Act shall take effect October 1, 1977. Approved October 18, 1977.

LEGISLATIVE HISTORY: CONGRESSIONAL RECORD, Vol. 123 (1977): Sept. 30, considered and passed House. Oct. 4, considered and passed Senate.

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Page:United States Statutes at Large Volume 91.djvu/1205

 PUBLIC LAW 95-139—OCT. 19, 1977

91 STAT. 1171

Public Law 95-139 95th Congress An Act To establish within the Department of Justice the position of Associate Attorney General.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) chapter 31 of title 28, United States Code, is amended by adding immediately after section 504 the following new section: "§ 504a. Associate Attorney General "The President may appoint, by and with the advice and consent of the Senate, an Associate Attorney General.". (b) The section analysis at the beginning of chapter 31 of title 28, United States Code, is amended by adding immediately after "504. Deputy Attorney General." the following new item:

Oct. 19, 1977 [S. 2089]

Justice Department. Position of Associate Attorney General, establishment. 28 USC 504a.

"504a. Associate Attorney General.".

SEC. 2. Section 508(b) of chapter 31 of title 28, United States Code, is revised to read: "(b) When by reason of absence, disability, or vacancy in office, neither the Attorney General nor the Deputy Attorney General is available to exercise the duties of the office of Attorney General, the Associate Attorney General shall act as Attorney General. The Attorney General may designate the Solicitor General and the Assistant Attorneys General, in further order of succession, to act as Attorney General.". SEC. 3. Section 5314 of chapter 53 of title 5, United States Code, is amended by adding the following item at the end thereof: " (66) Associate Attorney General.". Approved October 19, 1977.

LEGISLATIVE HISTORY: SENATE REPORT No. 95-429 (Comm. on the Judiciary). CONGRESSIONAL RECORD, Vol. 123 (1977): Sept. 20, considered and passed Senate. Oct. 18, considered and passed House.

Vacancies.

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Page:United States Statutes at Large Volume 91.djvu/1206

 91 STAT. 1172

PUBLIC LAW 95-140—OCT. 21, 1977 (jf-

Public Law 95-140 95th Congress An Act Oct. 21, 1977 [S. 1372]

Defense Department. Deputy and Under Secretaries of Defense. Position changes.

Under Secretary for Policy and Under Secretary for Research and Engineering.

Tu ameud title 10, United States Code, to abolish one of the two positions of Deputy Secretary of Defense and establish the position of Under Secretary of Defense for Policy and to change the title of the Director of Defense Research and Engineering to the Under Secretary of Defense for Research and Engineering.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) section 134 of title 10, United States Code, is amended— (1) in subsection (a), by strikino; ont "There are two Deputy Secretaries" in the first sentence and inserting in lieu thereof "There is a Deputy Secretary", and by striking out "a" in the second sentence immediately before "Deputy Secretary"; (2) in subsection (b), by striking out "Deputy Secretaries" in the first sentence and inserting in lieu thereof "Deputy Secretary" and by striking out "Deputy Secretaries, in the order of precedence, designated by the President" in the second sentence and inserting in lieu thereof "Deputy Secretary"; (3) in subsection (c), by striking out "The Deputy Secretaries take" and inserting in lieu thereof "The Deputy Secretary takes"; and (4) in the section heading, by striking out "Deputy Secretaries" and inserting in lieu thereof "Deputy Secretary", (b) The item relating to section 134 in the analysis of chapter 4 of title 10, United States Code, is amended by striking out "Deputy Secretaries" and inserting in lieu thereof "Deputy Secretary". SEC. 2. (a)(1) Subsection (a) of section 135 of title 10, United States Code, is amended to read as follows: "(a) There are two Under Secretaries of Defense, one of whom shall be the Under Secretary of Defense for Policy and one of whom shall be the Under Secretary of Defense for Research and Engineering. The Under Secretaries of Defense shall be appointed from civilian life by the President, by and with the advice and consent of the Senate. A person may not be appointed Under Secretary of Defense for Policy within ten years after relief from active duty as a commissioned officer of a regular component of an armed force.". (2) Subsection (b) of such section is amended by striking out "The Director performs" and inserting in lieu thereof "The Under Secretary of Defense for Policy shall perform such duties and exercise such powers as the Secretary of Defense may prescribe. The Under Secretary of Defense for Research and Engineering shall perform". (3) Subsection (c) of such section is amended by striking out "Director" and inserting in lieu thereof "Under Secretary of Defense for Policy", by striking out "Deputy Secretaries" and inserting in lieu thereof "Deputy Secretary", and by adding at the end thereof the following new sentence: "The Under Secretary of Defense for Research and Engineering takes precedence in the Department of Defense immediately after the Under Secretary of Defense for Policy.".

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Page:United States Statutes at Large Volume 91.djvu/1207

 PUBLIC LAW 95-140—OCT. 21, 1977 (4) The section heading for such section is amended by striking out "Director of Defense Research and Engineering" and inserting in lieu thereof "Under Secretaries of Defense". (b) The item relating to section 135 in the analysis of chapter 4 of title 10, United States Code, is amended by striking out "Director of Defense Research and Engineering" and inserting in lieu thereof "Under Secretaries of Defense".

SEC. 3. (a) Section 136(e) of title 10, United States Code, is amended to read as follows: "(e) The Assistant Secretaries take precedence in the Department of Defense after the Secretary of Defense, the Deputy Secretary of Defense, the Secretaries of the military departments, and the Under Secretaries of Defense.". (b)(1) Clause (2) of section 171(a) of title 10, United States Code, is amended by striking out "a" and inserting in lieu thereof "the". (2) Clause (6) of such section is amended to read as follows: "(6) the Under Secretaries of Defense;". (c) Section 303(c) of the Internal Security Act of 1950 (50 U.S.C. 833(c)) is amended by striking out "Deputy Secretaries" and inserting in lieu thereof "Deputy Secretary". (d)(1) Section 5313(1) of title 5, United States Code, is amended to read as follows: "(1) Deputy Secretary of Defense.". (2) Section 5314(32) of such title is amended to read as follows: "(32) Under Secretaries of Defense (2).". Approved October 21, 1977.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-519 (Comm. on Armed Services). SENATE REPORT No. 95-234 (Comm. on Armed Services). CONGRESSIONAL RECORD, Vol. 123 (1977): June 9, considered and passed Senate. Sept. 19, considered and passed House, amended. Oct. 6, Senate concurred in House amendments.

91 STAT. 1173

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 91 STAT. 1174

PUBLIC LAW 95-141—OCT. 23, 1977

Public Law 95-141 95th Congress An Act Oct. 23, 1977 [S. 2169] Hubert H. Humphrey Building. Designation.

To name a certain Federal building in Washington, District of Columbia, the "Hubert H. Humphrey Building".

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the South Portal Federal Office Building of the United States Department of Health, Education, and Welfare, located at 200 Independence Avenue Southwest, in Washington, District of Columbia, is hereby designated as the "Hubert H. Humphrey Building". Any reference in any law, regulation, document, record, map, or other paper of the United States to such building shall be considered to be a reference to the Hubert H. Humphrey Building. Approved October 23, 1977.

LEGISLATIVE HISTORY: SENATE REPORT No. 95-485 (Comm. on Environment and Public Works). CONGRESSIONAL RECORD, Vol. 123 (1977): Oct. 12, considered and passed Senate. Oct. 13, considered and passed House.

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Page:United States Statutes at Large Volume 91.djvu/1209

 91 STAT. 1175

PUBLIC LAW 95-142—OCT. 25, 1977

Public Law 95-142 95th Congress An Act To strengthen the capability of the Government to detect, prosecute, and punish fraudulent activities under the medicare and medicaid programs, and for other purposes. Be it enacted by the Senate and House of Representatives United States of America in Congress assembled,

Oct. 25, 1977 [H.R. 3]

of the

MedicareMedicaid Anti-Fraud and SHORT TITLE Abuse Amendments. SECTION 1. This Act may be cited as the "Medicare-Medicaid Anti- 42 USC 1305 F r a u d and Abuse Amendments". note. rROIIIBITION AGAINST ASSIGNMENT BY PHYSICIANS AND OTHERS OF CLAIMS FOR SERVICES: CLAIMS PAYMENT PROCEDURES FOR MEDICAID PROGRAM

SEC. 2. (a)(1) Section 1842(b)(5) of the Social Security Act is Carrier contracts. amended by a d d i n g at the end thereof the following new sentence: 42 USC 1395u. "No payment which under the preceding sentence may be made directly to the physician or other person providing the service involved (pursuant to an assignment described in subparagraph (B) (ii) of paragraph (3)) shall be made to anyone else under a reassignment or power of attorney (except to an employer or facility as described in clause (A) or (B) of such sentence); but nothing in this subsection shall be construed (i) to prevent the making of such a payment in accordance with an assignment from the individual to whom the service was provided or a reassignment from the physician or other person providing such service if such assignment or reassignment is made to a governmental agency or entity or is established by or pursuant to the order of a court of competent jurisdiction, or (ii) to preclude an agent of the physician or other person providing the service from receiving any such payment if (but only if) such agent does so pursuant to an agency agreement under which the compensation to be paid to the agent for his services for or in connection with the billing or collection of payments due such physician or other person under this title is unrelated (directly or indirectly) to the amount of such payments or the billings therefor, and is not dependent upon the actual collection of any such payment.". (2) Section 1815 of such Act is amended by adding at the end 42 USC 1395g, thereof the following new subsection: " (c) No payment which may be made to a provider of services under this title for any service furnished to an individual shall be made to any other person under an assignment or power of attorney; but nothing in this subsection shall be construed (1) to prevent the making of such a payment in accordance with an assignment from the provider if such assignment is made to a governmental agency or entity or is established by or pursuant to the order of a court of competent jurisdiction, or (2) to preclude an agent of the provider of services from receiving any such payment if (but only if) such agent does so pursuant to an agency agreement under which the compensation to be paid to the agent for his services for on in connection with the billing or collection of payments due such provider under this title is unrelated (directly or indirectly) to the amount of such pay-

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Page:United States Statutes at Large Volume 91.djvu/1210

 91 STAT. 1176

State plans for medical lo^^TT^r'i !»o^ 139oa.

Effective date. 42 USC 1395g '**>*®-

Claims payment procedures.

PUBLIC LAW 95-142—OCT. 25, 1977 ments or the billings therefor, and is not dependent upon the actual collection of any such payment.". (3) Section 1902(a) (32) of such Act is amended to read as follows: "(32) provide that no payment under the plan for any care or service provided to an individual shall be made to anyone other than such individual or the person or institution providing such care or service, under an assignment or power of attorney or otherwise; except that— "(A) in the case of any care or service provided by a physician, dentist, or other individual practitioner, such payment may be made (i) to the employer of such physician, dentist, or other practitioner if such physician, dentist, or practitioner is required as a condition of his employment to turn over his fee for such care or service to his employer, or (ii) (where the care or service was provided in a hospital, clinic, or other facility) to the facility in which the care or service was provided if there is a contractual arrangement between such physician, dentist, or practitioner and such facility under which such facility submits the bill for such care or service; and "(B) nothing in this paragraph shall be construed (i) to prevent the making of such a payment in accordance with an assignment from the person or institution providing the care or service involved if such assignment is made to a governmental agency or entity or is established by or pursuant to the order of a court of competent jurisdiction, or (ii) to preclude an agent of such person or institution from receiving any such payment if (but only if) such agent does so pursuant to an agency agreement under which the compensation to be paid to the agent for his services for or in connection with the billing or collection of payments due such person or institution under the plan is unrelated (directly or indirectly) to the amount of such payments or the billings therefor, and is not dependent upon the actual collection of any such payment;". (4) The amendments made by this subsection shall apply with respect to care and services furnished on or after the date of the enactment of this Act. (b)(1) Section 1902(a) of the Social Security Act is amended— (A) by striking out "and" at the end of paragraph (35); (B) by striking out the period at the end of paragraph (36) and inserting in lieu thereof "; and"; (C) by inserting immediately after paragraph (36) the foliowjng new paragraph: "(37) provide for claims payment procedures which (A) ensure that 90 per centum of claims for payment (for which no further written information or substantiation is required in order to make payment) made for services covered under the plan and furnished by health care practitioners through individual or group practices or through shared health facilities are paid within 30 days of the date of receipt of such claims and that 99 per centum of such claims are paid within 90 days of the date of receipt of such claims, and (B) provide for procedures of prepayment and postpayment claims review, including review of appropriate data with respect to the recipient and provider of a service and the nature of the service for which payment is claimed, to ensure the proper and efficient payment of claims and management of the program."; and

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Page:United States Statutes at Large Volume 91.djvu/1211

 PUBLIC LAW 95-142—OCT. 25, 1977 (D) by inserting at the end thereof the following paragraph: "The requirement of clause (A) of paragraph (37) with respect to a State plan may be waived by the Secretary if he finds that the State has exercised good faith in trying to meet such requirement.". (2) The amendments made by paragraph (1) shall apply to calendar quarters beginning on and after July 1, 1978, with respect to State plans approved under title X IX of the Social Security Act.

91 STAT. 1177 State plans.

Effective date. 42 USC 1396a note. 42 USC 1396.

DISCLOSURE o r OWNERSHIP AND RELATED INFORMATION

SEC. 3. (a)(1) Part A of title X I of the Social Security Act is Regulations, amended by inserting immediately after section 1123 the following ^^ USC 1301. new section: DISCLOSURE OF OWNERSHIP AND RELATED INFORMATION

"SEC. 1124. (a)(1) The Secretary shall by regulation or by con- 42 USC 1320a-3. tract provision provide that each disclosing entity (as defined in paragraph (2)) shall— "(A) as a condition of the disclosing entity's participation in, or certification or recertification under, any of the programs 42 USC 701, established by titles V, X VIII, X IX, and XX,' or "(B) as a condition for the approval or renewal of a contract or 1395, 1396, agreement between the disclosing entity and the Secretary or the 1397. appropriate State agency under any of the programs established under titles V, X VIII, X IX, and XX, supply the Secretary or the appropriate State agency with full and complete information as to the identity of each person with an ownership or control interest (as defined in paragraph (3)) in the entity or in any subcontractor (as defined by the Secretary in regulations) in which the entity directly or indirectly has a 5 per centum or more ownership interest. "(2) As used in this section, the term 'disclosing entity' means an Definitions. entity which is— " (A) a provider of services (as defined in section 1861(u), other than a fund), an independent clinical laboratory, a renal disease facility, or a health maintenance organization (as defined in sec42 USC 300e. tion 1301(a) of the Public Health Service Act); "(B) an entity (other than an individual practitioner or group of practitioners) that furnishes, or arranges for the furnishing of, items or services with respect to which payment may be claimed by the entity under any plan or program established pursuant to title V or under a State plan approved under title X IX; "(C) a carrier or other agency or organization that is acting as a fiscal intermediary or agent with respect to one or more providers of services (for purposes of part A or part B of title X VIII, or both, or for purposes of a State plan approved under title X IX) pursuant to (i) an agreement under section 1816, (ii) a Po^^' P- 1198. contract under section 1842, or (iii) an agreement with a single 42 USC 1395u. State agency administering or supervising the administration of a State plan approved under title X IX; or "(D) an entity (other than an individual practitioner or group of practitioners) that furnishes, or arranges for the furnishing of, health related services with respect to which payment may be claimed by the entity under a State plan or program approved under title XX.

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Page:United States Statutes at Large Volume 91.djvu/1212

 91 STAT. 1178

PUBLIC LAW 95-142—OCT. 25, 1977

"(3) As used in this section, the term 'person with an ownership or control interest' means, with respect to an entity, a person who— "(A)(i) has directly or indirectly (as determined by the Secretary in regulations) an ownership interest of 5 per centum or more in the entity; or "(ii) is the owner (in whole or in part) of an interest of 5 per centum or more in any mortgage, deed of trust, note, or other obligation secured (in whole or in part) by the entity or any of the property or assets thereof; or "(B) is an officer or director of the entity, if the entity is organized as a corporation; or "(C) is a partner in the entity, if the entity is organized as a partnership. "(b) To the extent determined to be feasible under regulations of the Secretary, a disclosing entity shall also include in the information supplied under subsection (a)(1), with respect to each person with an ownership or control interest in the entity, the name of any other disclosing entity with respect to which the person is a person with an ownership or control interest.". 42 USC 1395x. (2) Section 1861(j) (11) of such Act is amended to read as follows: "(11) complies with the requirements of section 1124;". Agreements. (b) Clause (C) of section 1866(b)(2) of such Act is amended by 42 USC 1395cc. inserting " (i) " after "failed", and by adding after "to verify such information," the following: "or (ii) to supply (within such period as may be specified by the Secretary in regulations) upon request specifically addressed to such provider by the Secretary (I) full and complete information as to the ownership of a subcontractor (as defined by the Secretary in regulations) with whom such provider has had, during the previous twelve months, business transactions in an aggregate amount in excess of $25,000, and ( II) full and complete information as to any significant Ijusiness transactions (as defined by the Secretary in regulations), occurring during the five-year period ending on the date of such request, between such provider and any wholly owned supplier or between such provider and any subcontractor,". (c)(1) Section 1902(a) of such Act (as amended by section 2(b)(1) 42 USC 1396a. of this Act) is amended— (A) by amending paragraph (35) to read as follows: " (35) provide that any intermediate care facility receiving payments under such plan complies with the requirements of section 1124;"; Ante, p. 1177. (B) by striking out "and" at the end of paragraph (36); (C) by striking out the period at the end of paragraph (37) and inserting in lieu thereof "; and"; and Business records, (D) by inserting after paragraph (37) the following new availability. paragraph: "(38) require that an entity (other than an individual practitioner or a group of practitioners) that furnishes, or arranges for the furnishing of, items or services under the plan, shall supply (within such period as may be specified in regulations by the Secretary or by the single State agency which administers or supervises the administration of the plan) upon request specifically addressed to such entity by the Secretary or such State agency, respectively, (A) full and complete information as to the ownership of a subcontractor (as defined by the Secretary in regulations) with whom such entity has had, during the previous twelve months, business transactions in an aggregate amount

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Page:United States Statutes at Large Volume 91.djvu/1213

 PUBLIC LAW 95-142—OCT. 25, 1977 in excess of $25,000, and (B) full and complete information as to any significant business transactions (as defined by the Secretary in regulations), occurring during the five-year period ending on the date of such request, between such entity and any wholly owned supplier or between such entity and any subcontractor.". (2) Section 1903(i)(2) of such Act is amended by inserting before the semicolon at the end thereof the following: ", or by reason of noncompliance with a request made by the Secretary under clause (C)(ii) of such section 1866(b)(2) or under section" 1902(a) (38)". (d)(1) Section 2003(d)(1) of such Act is amended— (A) by striking out "and" at the end of subparagraph (H); (B) by striking out the period at the end of subparagraph (I) and inserting in lieu thereof "; and"; and (C) by adding after subparagraph (I) the following new subparagraph: " (J) provides that any entity (other than an individual practitioner or a group of practitioners) receiving payments for the provision of health related services complies with the requirements of section 1124, and supplies (within such period as may be specified in regulations by the Secretary or by the State agency which administers or supervises the administration of the plan) upon request specifically addressed to such entity by the Secretary or such State agency, respectively, (i) full and complete information as to the ownership of a subcontractor (as defined by the Secretary in regulations) with whom such entity has had, during the previous twelve months, business transactions in an aggregate amount in excess of $25,000, and (ii) full and complete information as to any significant business transactions (as defined by the Secretary in regulations), occurring during the five-year period ending on the date of such request, between such entity and any wholly owned supplier or between such entity and any subcontractor.". (2) Section 2002(a) of such Act is amended by adding at the end thereof the following new paragraph: "(15) No payment may be made under this section with respect to any expenditure for the provision of any health related service if such service is provided by an entity which has failed to comply with a request made by the Secretary or State agency under section 2003 (d)(1)(J), for so long as such entity remains in noncompliance with such request.". (e) The amendment made by subsection (a)(1) shall apply with respect to certifications and recertifications made (and participation in the programs established by titles V, X VIII, X IX, and X X of the Social Security Act pursuant to certifications and recertifications made), and fiscal intermediary or agent agreements or contracts entered into or renewed, on and after the date of the enactment of this Act. The remaining amendments made by this section shall take effect on the date of the enactment of this Act; except that the amendments made by subsections (c) and (d) shall become effective January 1, 1978.

91 STAT. 1179

42 USC 1396b. 42 USC 1395cc. 42 USC 1396a. 42 USC 1397b.

Business records, availability.

Ante, p. 1177.

Payments to States. 42 USC 1397a.

Supra. Effective dates. 42 USC 1320a-3 note. 42 USC 701, 1395, 1396, 1397.

PENALTIES FOR DEFRAUDING MEDICARE AND MEDICAID PROGRAMS

SEC. 4. (a) Section 1877 of the Social Security Act is amended to 42 USC 1395nn. read as follows:

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Page:United States Statutes at Large Volume 91.djvu/1214

 91 STAT. 1180

PUBLIC LAW 95-142—OCT. 25, 1977 a PENALTIES

Material facts, misrepresentationu

Fraudulently secured benefits.

Benefits, misuse.

Illegal remunerations.

" SEC. 1877. (a) Whoever— " (1) knowingly and willfully makes or causes to be made any false statement or representation of a material fact in any application for any benefit or payment under this title, " (2) at any time knowingly and willfully makes or causes to be made any false statement or representation of a material fact for use in determining rights to any such benefit or payment, " (3) having knowledge of the occurrence of any event affecting (A) his initial or continued right to any such benefit or payment, or (B) the initial or continued r i g h t to any such benefit or payment of any other individual in whose behalf he has applied for or is receiving such benefit or payment, conceals or fails to disclose such event with an intent fraudulently to secure such benefit or payment either in a greater amount or quantity than is due or when no such benefit or payment is authorized, or " (4) having made application to receive any such benefit or payment for the use and benefit of another and having received it, knowingly and willfully converts such benefit or payment or any part thereof to a use other than for the use and benefit of such other person, shall (i) in the case of such a statement, representation, concealment, failure, or conversion by any person in connection with the furnishing (by that person) of items or services for which payment is or may be made under this title, be guilty of a felony and upon conviction thereof fined not more than $25,000 or imprisoned for not more than five years or both, or (ii) in the case of such a statement, representation, concealment, failure, or conversion by any other person, be guilty of a misdemeanor and upon conviction thereof fined not more than $10,000 or imprisoned for not more than one year, or both. " (b)(1) Whoever solicits or receives any remuneration (including any kickback, bribe, or rebate) directly or indirectly, overtly or covertly, in cash or in kind— " (A) in return for referring an individual to a person for the furnishing or arranging for the furnishing of any item or service for which payment may be made in whole or in part under this title, or " (B) in return for purchasing, leasing, ordering, or a r r a n g i n g for or recommending purchasing, leasing, or ordering any good, facility, service, or item for which payment may be made in whole or in part under this title, shall be guilty of a felony and upon conviction thereof, shall be fined not more than $25,000 or imprisoned for not more than five years, or both. " (2) Whoever offers or pays any remuneration (including any kickback, bribe, or rebate) directly or indirectly, overtly or covertly, in cash or in kind to any person to induce such person— " (A) to refer an individual to a person for the furnishing or a r r a n g i n g for the furnishing of any item or service for which payment may be made in whole or in part under this title, or " (B) to purchase, lease, order, or arrange for or recommend purchasing, leasing, or ordering any good, facility, service, or item for which payment may be made in whole or in part under this title, shall be guilty of a felony and upon conviction thereof, shall be fined not more than $25,000 or imprisoned for not more than five years, or both.

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Page:United States Statutes at Large Volume 91.djvu/1215

 PUBLIC LAW 95-142—OCT. 25, 1977

91 STAT. 1181

"(3) Paragraphs (1) and (2) shall not apply to— "(A) a discount or other reduction in price obtained by a provider of services or other entity under this title if the reduction in price is properly disclosed and appropriately reflected in the costs claimed or charges made by the provider or entity under this title; and "(B) any amount paid by an employer to an employee (who has a bona fide employment relationship with such employer) for employment in the provision of covered items or services. "(c) Whoever knowingly and willfully makes or causes to be made, Health care or induces or seeks to induce the making of, any false statement or facilities, representation of a material fact with respect to the conditions or condition or operation of any institution or facility in order that such institution operation, misrepreor facility may qualify (either upon initial certification or upon recerti- sentation. fication) as a hospital, skilled nursing facility, or home health agency (as those terms are defined in section 1861), shall be guilty of a felony and upon conviction thereof shall be fined not more than $25,000 or imprisoned for not more than five years, or both. "(d) Whoever accepts assignments described in section 1842(b)(3) (B) (ii) and knowingly, willfully, and repeatedly violates the term of such assignments specified in subclause (I) of such section, shall be guilty of a misdemeanor and upon conviction thereof shall be fined not more than $2,000 or imprisoned for not more than six months, or both.". (b) Section 1909 of such Act is amended to read as follows: 42 USC 1396h, PENALTIES

"SEC. 1909. (a) Whoever— "(1) knowingly and willfully makes or causes to be made a n j Misreprefalse statement or representation of a material fact in any appli- sentation of cation for any benefit or payment under a State plan approved material facts. under this title, "(2) at any time knowingly and willfully makes or causes to be made any false statement or representation of a material fact for use in determining rights to such benefit or payment, "(3) having knowledge of the occurrence of any event affecting Fraudulently (A) his initial or continued right to any such benefit or payment, secured benefits). or (B) the initial or continued right to any such benefit or payment of any other individual in whose behalf he has applied for or is receiving such benefit or payment, conceals or fails to disclose such event with an intent fraudulently to secure such benefit or payment either in a greater amount or quantity than is due or when no such benefit or payment is authorized, or "(4) having made application to receive any such benefit or Benefits, misuse payment for the use and benefit of another and having received it, knowingly and willfully converts such benefit or payment or any part thereof to a use other than for the use and benefit of such other person, shall (i) in the case of such a statement, representation, concealment, failure, or conversion by any person in connection with the furnishing (by that person) of items or services for which payment is or may be made under this title, be guilty of a felony and upon conviction thereof fined not more than $25,000 or imprisoned for not more than five years or both, or (ii) in the case of such a statement, representation, concealment, failure, or conversion by any other person, be guilty of a misdemeanor and upon conviction thereof fined not more than $10,000

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Page:United States Statutes at Large Volume 91.djvu/1216

 91 STAT. 1182 State benefits, eligibility restrictions.

Illegal remunerations.

Health care facilities, condition or operation, misrepresentation.

PUBLIC LAW 95-142—OCT. 25, 1977

or imprisoned for not more than one year, or both. In addition, in any case where an individual who is otherwise eligible for assistance under a State plan approved under this title is convicted of an offense under the preceding provisions of this subsection, the State may at its option (notwithstanding any other provision of this title or of such plan) limit, restrict, or suspend the eligibility of that individual for such period (not exceeding one year) as it deems appropriate; but the imposition of a limitation, restriction, or suspension with respect to the eligibility of any individual under this sentence shall not affect the eligibility of any other person for assistance under the plan, regardless of the relationship between that individual and such other person. "(b)(1) Whoever solicits or receives any remuneration (including any kickback, bribe, or rebate) directly or indirectly, overtly or covertly, in cash or in kind— "(A) in return for referring an individual to a person for the furnishing or arranging for the furnishing of any item or service for which payment may be made in whole or in part under this title, or "(B) in return for purchasing, leasing, ordering, or arranging for or recommending purchasing, leasing, or ordering any good, facility, service, or item for which payment may be made in whole or in part under this title, shall be guilty of a felony and upon conviction thereof, shall be fined not more than $25,000 or imprisoned for not more than five years, or both. " (2) Whoever offers or pays any remuneration (including any kickback, bribe, or rebate) directly or indirectly, overtly or covertly, in cash or in kind to any person to induce such person— "(A) to refer an individual to a person for the furnishing or arranging for the furnishing of any item or service for which payment may be made in whole or in part under this title, or "(B) to purchase, lease, order, or arrange for or recommend purchasing, leasing, or ordering any good, facilitj^, service, or item for which payment may be made in whole or m part under this title, shall be guilty of a felony and upon conviction thereof, shall be fined not more than $25,000 or imprisoned for not more than five years, or both. "(3) Paragraphs (1) and (2) shall not apply to— "(A) a discount or other reduction m price obtained by a provider of services or other entity under this title if the reduction in price is properly disclosed and appropriately reflected in the costs claimed or charges made by the provider or entity under this title; and "(B) any amount paid by an employer to an employee (who has a bona fide employment relationship with such employer) for employment in the provision of covered items or services. "(c) Whoever knowingly and willfully makes or causes to be made, or induces or seeks to induce the making of, any false statement or representation of a material fact with respect to the conditions or operation of any institution or facility in order that such institution or facility may qualify (either upon initial certification or upon recertification) as a hospital, skilled nursing facility, intermediate care facility, or home health agency (as those terms are employed in this title) shall be guilty of a felony and upon conviction thereof shall be fined not more than $25,000 or imprisoned for not more than five years, or both.

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Page:United States Statutes at Large Volume 91.djvu/1217

 PUBLIC LAW 95-142—OCT. 25, 1977

91 STAT. 1183

"(d) Whoever knowingly and willfully— Health care "(1) charges, for any service provided to a patient under a facilities, illegal State plan approved under this title, money or other consideration patient admittance and at a rate in excess of the rates established by the State, or retention "(2) charges, solicits, accepts, or receives, in addition to any practices. amount otherwise required to be paid under a State plan approved under this title, any gift, money, donation, or other consideration (other than a charitable, religious, or philanthropic contribution from an organization or from a person unrelated to the patient) — "(A) as a precondition of admitting a patient to a hospital, skilled nursing facility, or intermediate care facility, or "(B) as a requirement for the patient's continued stay in such a facility, when the cost of the services provided therein to the patient is paid for (in whole or in part) under the State plan, shall be guilty of a felony and upon conviction thereof shall be fined not more than $25,000 or imprisoned for not more than five years, or both.". (c) Section 204(a) of Public Law 94-505 (42 U.S.C. 3524) (relating Reports to to annual reports of the Health, Education, and Welfare Inspector Congress, General) is amended by adding at the end thereof the following sen- contents. tences: "Such report also shall include a detailed description of the cases referred by the Department of Health, Education, and Welfare to the Department of Justice during the period covered by the report, an evaluation of the performance of the Department of Justice in the investigation and prosecution of criminal violations relating to fraud in the programs of health insurance and medical assistance provided under titles X VIII and X IX of the Social Security Act, and any 42 USC 1395, recommendations with respect to improving the performance of such 1396. activities by the Department of Justice, Promptly, after the Inspector General submits such a report to Congress, the Attorney General shall report to Congress concerning the details of the disposition of the cases referred to the Department of Justice and described in the Inspector General's report.". (d) The amendments made by subsections (a) and (b) shall apply Effective date. with respect to acts occurring and statements or representations made 42 USC 1395nri note. on or after the date of the enactment of this Act. AMENDMENTS RELATED TO PROFESSIONAL, STANDARDS REVIEW ORGANIZATIONS

SEC. 5. (a) Section 1152(e) of the Social Security Act is amended 42 USC 1320c-l. to read as follows: "(e) Where the Secretary finds a Professional Standards Review Organization (whether designated on a conditional basis or otherwise) to be competent to perform review responsibilities, the review, certification, and similar activities otherwise required pursuant to provisions of this Act (other than this part) shall not be applicable with respect to those providers, suppliers, and practitioners being reviewed by such Professional Standards Review Organization, except to the extent specified by the Secretary. Nothing in the preceding sentence shall be construed as rendering inapplicable any provision of this Act wherein requirements with respect to conditions for eligibility to or payment of benefits (as distinct from reviews and certifications made with respect to determinations of the kind made pursuant to paragraphs (1) and (2) of section 1155(a)) must be satisfied.". 42 USC 1320c-^l..

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Page:United States Statutes at Large Volume 91.djvu/1218

 91 STAT. 1184 42 USC 1320C-3.

Trial period, extension.

42 USC 1320C-4.

Grants.

Review responsibility requests.

Ambulatory care services, review.

"Shared health facility." 42 USC 1301.

PUBLIC LAW 95-142—OCT. 25, 1977 (b)(1) Section 1154(b) of such Act is amended— (A) by striking out "(which may not exceed 24 months)" in the first sentence and inserting in lieu thereof "(which may not exceed 48 months except as provided in subsection (c)) "; (B) by inserting ", in addition to review of health care services provided by or in institutions," in the first sentence after "perform"; and (C) by striking out "or ordered by physicians" and all that follows through "and organizations" in the second sentence and inserting in lieu thereof "by or in institutions (including ancillary services) and, in addition, review of such other health care services as the Secretary may require". (2) Section 1154 of such Act is further amended by redesignating subsection (c) as subsection (d) and by inserting after subsection (b) the following new subsection: "(c) If the Secretary finds that an organization designated under subsection (a) has been unable to perform satisfactorily all of the duties and functions recjuired under this part for reasons beyond the organization's control, he may extend such organization's trial period for an additional period not exceeding twenty-four months.". (c)(1) Section 1155 of such Act is amended— (A) by striking out "directly or indirectly involved in" in subsection (a)(6)(A) and inserting in lieu thereof "directly responsible for"; (B) by striking out "any financial" in subsection (a)(6)(B) and inserting in lieu thereof "a significant financial"; (C) by inserting after subsection (f)(2) the following new paragraph: "(3) Any such agreement with an organization under this part may be in the form of a grant or an assistance agreement."; and (D) by striking out subsection (g) and inserting in lieu thereof the following new subsection: "(g)(1) Where a Professional Standards Review Organization (whether designated on a conditional basis or otherwise) requests review responsibility with respect to services furnished in shared health facilities, the Secretary must give priority to such request, with the highest priority being assigned to requests from organizations located in areas with substantial numbers of shared health facilities. "(2) The Secretary shall require any Professional Standards Review Organization which is capable of exercising review responsibility with respect to ambulatory care services to perform review responsibility with respect to such services on and after a date not earlier than the date the organization is designated as a Professional Standards Review Organization (other than under section 1154) and not later than two years after the date the organization has been so designated, but any Such designated Professional Standards Review Organization may be approved to perform such review responsibility at any earlier time if such organization applies for, and is found capable of exercising, such responsibility.". (2) Section 1101(a) of such Act is amended by inserting after paragraph (8) the following new paragraph: "(9) The term 'shared health facility' means any arrangement whereby— "(A) two or more health care practitioners practice their professions at a common physical location; "(B) such practitioners share (i) common waiting areas, examining rooms, treatment rooms, or other space, (ii) the services of supporting staff, or (iii) equipment;

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