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Page:United States Statutes at Large Volume 90 Part 2.djvu/848

 90 STAT. 2316

Appropriation authorization.

PUBLIC LAW 94^4S4—OCT. 12, 1976 trained in the occupational health sciences and other relevant disciplines and medical and public health specialties and that it will substantially carrj^ out occupational health training and education activities including, but not limited to— "(A) the establishment and operation of a new graduate training p r o - a m or, where appropriate, the substantial expansion of an existing graduate training program in the field of occupational health; "(B) the development of curricula and operation of continuing education for physicians, nurses, industrial hygienists, and other professionals who practice full- or part-time in the field of occupational health in order to upgrade their proficiency in delivering such services; "(C) the establishment and operation of projects designed to increase admissions to and enrollment in occupational health programs of individuals who by virtue of their background and interests are likely to engage in the delivery of occupational health services; "(D) the establishment of traineeships for industrial hygiene students; " (E) the establishment and operation of medical residencies in the field of occupational health at a level of financial support comparable to that provided to individuals undergoing training in medical residencies in other medical specialties; " (F) the establishment and operation of traineeships in the field oi occupational health for medical students, residents, nursing students, nurses, physicians, sanitarians, and students and professionals in related fields; "(G) the establishment and operation of short-term traineeships for continuing education in the field of occupational health for health professionals dealing with problems of occupational health; and " (H) the appointment of full-time staff for the center, who have training, experience and demonstrated capacity for leadership in the field of occupational health. "(b) To the extent feasible, the Secretary shall approve, at least 10 such centers and at least one of which shall be located in each region of the Department. "(c) For the purpose of making grants to carry out this section, there are authorized to be appropriated $5,000,000 for the fiscal year ending September 30, 1977, $5,000,000 for the fiscal year ending September 30, 1978, $8,000,000 for the fiscal year ending September 30, 1979, and $10,000,000 for the fiscal year ending September 30, 1980. uFAMILY MEDICINE AND GENERAL PRACTICE OF DENTISTRY

"SEC. 786. (a) The Secretary may make grants to, or enter into con42 USC 295g-6. tracts with, any public or nonprofit private hospital, school of medicine or osteopathy, or to or with a public or private nonprofit entity (which the Secretary has determined is capable of carrying out such grant or contract) — "(1) to plan, develop, and operate, or participate in, an approved professional training program (including a continuing education program or an approved residency or internship program) in the field of family medicine for medical and osteopathic students, interns (including interns in internships in osteopathic medicine), residents, or practicing physicians; Grants.

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Page:United States Statutes at Large Volume 90 Part 2.djvu/849

 PUBLIC LAW 94-484—OCT. 12, 1976

90 STAT. 2317

" (2) to provide financial assistance (in the form of traineeships and fellowships) to medical and osteopathic students, interns (including interns in internships in osteopathic medicine), residents, practicing physicians, or other medical personnel, who are in need thereof, who are participants in any such program, and who plan to specialize or work in the practice of family medicine; "(3) to plan, develop, and operate a program for the training of physicians who plan to teach in family medicine training programs; and "(4) to provide financial assistance (in the form of traineeships and fellowships) to physicians who are participants in any such program and who plan to teach in a family medicine training program. "(b) The Secretary may make grants to any public or nonprofit Grants, private school of dentistry or accredited postgraduate dental training institution— "(1) to plan, develop, and operate an approved residency program in the general practice of dentistry; and " (2) to provide financial assistance (in the form of traineeships and fellowships) to residents in such a program who are in need of financial assistance and who plan to specialize in the practice of general dentistry. "(c) Not less than 10 percent of the amount appropriated in each fiscal year to make /rrants under this section shall be made available for grants under subsection (b). "(d) There are authorized to be appropriated to make grants Appropriation under this section $i5,0O3,00 for the fiscal year ending September 30, authorization. 1978, $45,000,000 for the fiscal year ending September 30, 1979, and $50,000,000 for the fiscal year ending September 30, 1980. "EDUCATIONAL ASSISTANCE TO INDIVIDUALS FROM DISADVANTAGED BACKGROUNDS

"SEC. 787. (a)(1) For the purpose of assisting individuals from Grants and disadvantaged backgrounds, as determined in accordance with criteria contracts. prescribed by the Secretary, to undertake education to enter a health 42 USC 295g-7. profession, the Secretary may make grants to and enter into contracts with schools of medicine, osteopathy, public health, dentistry, veterinary medicine, optometry, pharmacy, and podiatry and other public or private nonprofit health or educational entities to assist in meeting the costs described in paragraph (2). "(2) A grant or contract under paragraph (1) may be used by the health or educational entity to meet the cost of— "(A) identifying, recruiting, and selecting individuals from disadvantaged backgrounds, as so determined, for education and training in a health profession, "(B) facilitating the entry of such individuals into such a school, "(C) providing counseling or other services designed to assist such individuals to complete successfully their education at such a school, " (D) providing, for a period prior to the entry of such individuals into the regular course of education of such a school, preliminary education designed to assist them to complete successfully such regular course of education at such a school, or referring such individuals to institutions providing such preliminary education, and

89-194 O - 7 8 - p t. 2

54

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Page:United States Statutes at Large Volume 90 Part 2.djvu/850

 PUBLIC LAW 94-484—OCT. 12, 1976

90 STAT. 2318

Appropriation authorization.

" (E) publicizing existing sources, of financial aid available to students in the education program of such a school or who are undertaking training necessary to qualify them to enroll in such a program. "(b) There are authorized to be appropriated $20,000,000 for the fiscal year ending September 30, 1978, $20,000,000 for the fiscal year ending September 30, 1979, and $20,000,000 for the fiscal year ending September 30, 1980, for payments under grants and contracts under subsection (a). ((PROJECT

GRANT AUTHORITY FOR START-TJP ASSISTANCE, F I N A N C I A L DISTRESS INTERDISCIPLINARY TRAINING, AND CURRICULUM DEVELOPMENT

42 USC 295g-8.

Application.

"SEC. 788. (a)(1) In the case of any new school of medicine, osteopathy, dentistry, public health, veterinary medicine, optometry, pharmacy, or podiatry which begins instruction after July 1, 1974, the Secretary may, after taking into account— " (A) the ability of such school to use a grant under this subsection to (i) accelerate the date it will begin instruction, or (ii) increase the number of students in its entering class, and "(B) the other resources available to such school, make a grant to such school for each year such school is a new school (as determined under paragraph (5)). No school may receive a grant under this subsection unless the Secretary estimates that the number of full-time students enrolled in its first school year of operation will exceed twenty-three. "(2) The Secretary shall determine the amount of any grant under this subsection; but no such grant to any school may exceed— "(A) in the case of the year preceding the first year in which such school has students enrolled, an amount equal to the product of $10,000 and the number of full-time students which the Secretary estimates will enroll in such school in such first year; "(B) in the case of the first year in which such school has students enrolled, an amount equal to the product of $7,500 and the number of full-time students enrolled in such school in such year; "(C) in the case of the second year in which such school has students enrolled, an amount equal to the product of $5,000 and the number of full-time students enrolled in such school in such year; and "(D) in the case of the third year in which such school has students enrolled, an amount equal to the product of $2,500 and the number of full-time students enrolled in such school in such year. Estimates by the Secretary under this subsection of the number of full-time students enrolled in a school may be made on the basis of assurances provided by the school. "(3) A grant may not be made under this subsection unless an application for such grant is submitted to, and approved by, the Secretary. The Secretary shall give priority to applications which provide for projects which— "(A) assist in the planning, development, or initial operation of a new school of medicine, osteopathy, or dentistry (i) which will conduct exceptionally innovative programs for training students in ambulatory primary care in cooperation with accredited psychiatric practitioners or programs, as appropriate, or (ii) which will have as a major objective the provision of training opportunities for individuals from disadvantaged backgrounds;

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Page:United States Statutes at Large Volume 90 Part 2.djvu/851

 PUBLIC LAW 94-484—OCT. 12, 1976 "(B) assist in the planning, development, expansion, or initial operation of a regional health profession school granting a degree in one or more of the following professions: medicine, osteopathy, dentistry, veterinary medicine, optometry, podiatry, or public health; or "(C) the Secretary determines will meet a national or regional need for members of the profession to be trained in the new school for which the application is submitted. "(4) The Secretary shall give special consideration to each application of a school for a grant under this subsection— "(A) which application contains or is reasonably supported by assurances that, because of the use that the school will make of existing facilities (including Federal medical or dental facilities), such school will be able to accelerate the date on which it will begin its teaching program; "(B) which school will be located in a health manpower shortage area (designated under section 332); or "(C) which school is a school of medicine or osteopathy which will be located in a State which has no other such school. " (5) For purposes of this subsection, any school of medicine, osteopathy, dentistry, public health, veterinary medicine, optometry, pharmacy, or podiatry shall be considered a new school for any year if such year is the year preceding the first year in which such school has students enrolled, such first year, and the next two years. " (b)(1) The Secretary may make grants to, and enter into contracts with, schools of medicine, osteopathy, dentistry, veterinary medicine, optometry, pharmacy, podiatry, or public health for the purposes of assisting in— "(A)(i) meeting the costs of operation of any school of medicine, osteopathy, dentistry, veterinary medicine, optometry, pharmacy, podiatry, and public health if they are in serious financial distress, or " (ii) meeting accreditation requirements, if they have a special need to be assisted in meeting such requirements, and "(B) carrying out appropriate operational, managerial, and financial reforms on the basis of information obtained in a comprehensive cost analysis study or on the basis of other relevant information. " (2) Any grant under this subsection may be made upon such terms and conditions as the Secretary determines to be reasonable and necessary, including requirements that the school agree— "(A) to disclose any financial information or data deemed by the Secretary to be necessary to determine the sources or causes of that school's financial distress, "(B) to conduct a comprehensive cost analysis study in cooperation with the Secretary, and "(C) to carry out appropriate operational, managerial, and financial reforms (as the Secretary may require), including the securing of increased financial support from State or local governmental units or the increasing of tuition on the basis of information obtained in the course of a comprehensive cost analysis study or on the basis of other relevant information. "(3) An application for a grant under this subsection must contain or be supported by assurances satisfactory to the Secretary that the applicant will expend in carrying out its function as a school of medicine, osteopathy, dentistry, veterinary medicine, optometry, pharmacy, podiatry, or public health, as the case may be, during the fiscal year for

90 STAT. 2319

^'^^«' P- 2270.

Grants and contracts,

Application,

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Page:United States Statutes at Large Volume 90 Part 2.djvu/852

 90 STAT. 2320

Report.

Grants.

Grants and contracts.

PUBLIC LAW 94-484—OCT. 12, 1976 which such grant is sought an amount of funds (other than funds for construction, as determined by the Secretary) from non-Federal sources which is at least as great as the average amount of funds expended by such applicant for such training in the preceding two years. "(4) In the case of a school which has received a grant under this subsection in the immediately preceding fiscal year, the amount granted to that school under this subsection in any fiscal year may not exceed 75 percent of the amount granted to that school under this subsection in that immediately preceding fiscal year. "(5) The Secretary may provide to any school eligible for a grant under this subsection technical assistance to enable the school to conduct a comprehensive cost analysis study of its operations, to identify operational inefficiencies, and to develop or carry out appropriate operational, managerial, and financial reforms. "(6) The Secretary shall prepare and submit on or before September 30, 1978, a report on the administration of this subsection. Such report shall give special emphasis to a description of the results of any comprehensive cost analysis study carried out under paragraph (2) (B) and any operational, managerial, and financial reforms instituted under paragraph (2)(C). "(c) The Secretary may make grants to any health profession, allied health profession, or nurse training institution, or to any other public or nonprofit private entity for the development of programs for cooperative interdisciplinary training among schools of medicine, osteopathy, dentistry, veterinary medicine, optometry, pharmacy, podiatry, nursing, public health, and allied health, which emphasize— "(1) the use of the team approach to the delivery of health services, "(2) the training of ph^'sician assistants and nurse practitioners with physicians and expanded function dental auxiliaries with dentists, and "(3) the training of physicians, dentists, nurses, and other health professionals in the organization, management, and effective utilization of such assistants, practitioners, and auxiliaries, "(d) The Secretary may make grants to and enter into contracts with any health profession, allied health profession, or nurse training institution, or any other public or nonprofit private entity for health manpower projects and programs such as— "(1) speech pathology, audiology, bioanalysis, and medical technology; "(2) establishing humanism in health care centers; " (3) biomedical combined educational programs; "(4) cooperative human behavior and psychiatry in medical and dental education and practice; " (5) bilingual health clinical training centers; "(6) curriculum development in schools of optometry, pharmacy and podiatry; " (7) social work in health care; " (8) health manpower development; "(9) environmental health education and preventive medicine; "(10) the special medical problems related to women; "(11) the development or expansion of regional health professions schools; "(12) training of citizens of the United States from foreign health professions schools to enable them to enroll in residency programs in the States;

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Page:United States Statutes at Large Volume 90 Part 2.djvu/853

 PUBLIC LAW 94-484—OCT. 12, 1976

90 STAT. 2321

" (13) psychology training programs; "(14) ethical implications of biomedical research; "(15) establishment of dietetic residencies; "(16) regional systems of continuing education; " (17) computer technology; "(18) training of professional standards review organization staff; "(19) training of health professionals in human nutrition and its application to health; "(20) health manpower development for the Trust Territories and incorporated Trust Territories of the United States; and "(21) training in the diagnosis, treatment, and prevention of the diseases and related medical and behavioral problems of the aged. "(e)(1) There are authorized to be appropriated to carry out the provisions of this section (other than the provisions of subsections (f) and (g)) $25,000,000 for the fiscal year ending September 30, 1978, $25,000,000 for the fiscal year ending September 30, 1979, and $25,000,000 for the fiscal year ending September 30, 1980. " (2) From the sums authorized to be appropriated under paragraph (1) not more than— " (A) $5,000,000 may be obligated or expended for the purposes of subsection (a), and "(B) $5,000,000 may be obligated or expended for the purposes of subsection (b). "(f)(1) The Secretary may make grants to any school of medicine to meet the planning costs for projects for the training of students, enrolled in the last two years of such school, in facilities— "(A) which are other than the principal teaching facilities of such school and which are existing Federal heaHh care facilities or are other public or private health care facilities; and "(B) which are located in a health manpower shortage area (designated under section 332). No grant may be made under this paragraph with respect to any project unless before the fiscal year for which the grant is to be made the project has received at least $100,000 from non-Federal sources and has been approved by the legislature of the State in which it is located. "(2) For payments under grants under paragraph (1), there are authorized to be appropriated $400,000 for the fiscal year ending September 30, 1977. "(g)(1) The Secretary may make grants to public and nonprofit private institutions of higher education and hospitals and other health care delivery facilities which are engaged in the development of new schools of medicine to assist such institutions and facilities in meeting the costs of employing faculty, acquiring equipment, and taking such other action related to the initial operation of a school of medicine as may be necessary for the proposed schools to meet the eligibility requirements for a grant under subsection (a) of this section. "(2) No application for a grant under paragraph (1) may be approved by the Secretary unless the application contains or is supported by assurances satisfactory to the Secretary that— "(A) with the assistance provided under the grant applied for the applicant will be able to accelerate the date on which the school of medicine being developed by the applicant will be able to begin its teaching program, "(B) there is a reasonable indication of non-Federal financial resources for development and operation of such school, and

Appropriation authorization,

Grants,

Ante, p. 2270.

Grants,

Application,

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Page:United States Statutes at Large Volume 90 Part 2.djvu/854

 90 STAT. 2322

Appropriation authorization.

42 USC 295f-6, 295g-9.

PUBLIC LAW 94-484—OCT. 12, 1976 "(C) the school of medicine will emphasize training programs in family medicine and will improve access to health care for residents of the geographical regions in which such training programs are located. The Secretary may not approve or disapprove an application submitted under this subsection unless he has consulted with the body recognized by the Commissioner of Education as the accrediting body for schools of medicine respecting approval of the application. "(3) No institution or facility may receive more than one grant under this subsection. For payment under grants under this subsection, there is authorized to be appropriated $1,500,000 for the fiscal year ending September 30, 1977 and $1,500,000 for the fiscal year ending September 30, 1978. " (4) Upon graduation of the second class from each school of medicine for which a grant was made under this subsection, the Secretary shall report to the Congress on the ability of the school of medicine to improve access to health care for residents of the geographical regions in which the clinical training programs of the school are located.". (b) Effective November 1, 1976. section 776 of the Public Health Service Act is redesignated as section 789 of such Act, and all references to such section in title X II of such Act are redesignated accordingly. (c) Effective October 1, 1976, part F of title VII is amended by adding after section 789 (redesignated by subsection (b)) the followiniruew section: u,GENERAL PROVISIONS

42 USC 295g-10.

"SEC. 790. Except as otherwise provided in this part: " (1) Isfo grant may be made or contract entered into under this part unless an application therefor has been submitted to, and approved by, the Secretary. Such application shall be in such form, submitted in such manner, and contain such information, as the Secretary shall by regulation prescribe. The Secretary may not approve or disapprove any application for a grant or contract under this part except after consultation with the National Advisory Council on Health Professions Education. "(2) Payments by recipients of grants or contracts under this part for (A) traineeships shall be limited to such amounts as the Secretary finds necessary to cover the cost of tuition and fees of, and stipends and allowances (including travel and subsistence expenses and dependency allowances) for the trainees; and (B) fellowships shall be limited to such amounts as the Secretary finds necessary to cover the cost of advanced study by, and stipends and allowances (including travel and subsistence expenses and dependency allowances) for, the fellows. "(3) The amount of any grant or contract under this part shall be determined by the Secretary. Contracts may be entered into under this part without regard to sections 3648 and 3709 of the Revised Statutes (31 U.S.C. 529; 41 U.S.C. 5).". TRANSITIONAL PROVISIONS AND REPORT ON AREA H E A L T H EDUCATION CENTERS

42 USC 295g-l ^^^^-

SEC. 802. (a) For the fiscal year ending September 30, 1978, and for the next fiscal year there are authorized to be appropriated such sums as may be necessary to continue payments to entities under contracts entered into under section 774 of the Public Health Service

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Page:United States Statutes at Large Volume 90 Part 2.djvu/855

 PUBLIC LAW 94-484—OCT. 12, 1976

90 STAT. 2323

Act (as in effect on September 30, 1977) for projects for area health education centers, except that no payment shall be made to an entity under such a contract in the fiscal year ending September 30, 1979, unless the entity provides assurances satisfactory to the Secretary that not later than September 30, 1979, the project for which the payment is to be made will be a project described in subsection (a) of section 781 of such Act (as added by this Act) and the entity and its application will meet the requirements of subsections (b), (c), and (d) of such section. Such payments may only be made from such sums for the periods and amounts specified in such contracts. (b) After October 1, 1978, the Secretary of Health, Education, and Welfare shall assess the program of contracts under section 781 of the Public Health Service Act (as so added) to determine the effect of the projects funded under such contracts on the distribution of health manpower and on the access to and the quality of health care in the areas in which such projects are located. Not later than September 30, 1979, the Secretary shall submit to the Congress a report on the assessment conducted under this subsection.

42 USC 295f-4.

-4««e, p. 2312.

^ ^

Report to Congress,

TITLE IX—MISCELLANEOUS NURSE TRAINEESHIPS

42 USC 297. Sec. 901. Section 830 is amended— (1) by striking out in subsection (a) "There are authorized" and all that follows through "1978," and inserting in lieu thereof "(1) The Secretary may make grants to public or private nonprofit institutions"; (2) by redesignating paragraphs (1), (2), (3), and (4) of subsection (a) as subparagraphs (A), (B), (C), and (D); (3) by striking out subsection (b) and inserting in lieu thereof the following: " (2) In making grants for traineeships under this subsection, the Secretary shall give special consideration to applications for traineeship programs (A) for the training of nurse practitioners who will practice in health manpower shortage areas (designated under section 332), and (B) for traineeship programs which conform to guidelines Ante, p. 2270. 42 USC 296m. established by the Secretary under section 822(a)(2)(B)."; (4) by striking out "section" in subsection (c) and inserting in lieu thereof "subsection"; (5) by redesignating subsection (c) as paragraph (3); and (6) by adding at the end thereof the following: "(b)(1) The Secretary may make grants to and enter into contracts Grants and with schools of nursing, medicine, and public health, public or non- contracts. profit private hospitals, and other nonprofit entities to establish and operate traineeship programs to train nurse practitioners who are residents of a health manpower shortage area (designated under section 332). "(2) Traineeships funded under.this subsection shall include 100 percent of the costs of tuition, reasonable living and moving expenses (including stipends), books, fees, and necessary transportation. "(3) A traineeship funded under this subsection shall not be awarded unless the recipient enters into a. commitment with the Secretary to practice as a nurse practitioner in a health manpower shortage area (designated under section 332). "(c) There are authorized to be appropriated for the purposes of Appropriation this section $15,000,000 for the fiscal year ending June 30, 1976, authorization. $20,000,000 for the fiscal year ending September 30, 1977, and $25,000,000 for the fiscal year ending September 30, 1978.".

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Page:United States Statutes at Large Volume 90 Part 2.djvu/856

 90 STAT. 2324

PUBLIC LAW 94-484—OCT. 12, 1976 HEALTH PLANNING

42 USC 300/-1. 42 USC 300n. Effective date. 42 USC 300/-1 note.

SEC. 902. (a) Section 1512(b)(3)(c) (ii)(I) is amended by inserting "optometrists," after "nurses,". (b) Section 1531(3)(A) is amended by inserting "optometrist," after "podiatrist,". (c) The amendments made by subsections (a) and (b) shall take effect on the date of enactment of this Act. STUDY RELATING TO CHIROPRACTIC H E A L T H PROFESSIONS

42 USC 292h note.

Report to Secretary and congressional committees.

Effective date.

SEC. 903. (a)(1) The Secretary of Health, Education, and Welfare shall arrange for the conduct of a study to determine the national average annual per student educational cost of providing education programs which lead to a degree of doctor of chiropractics. (2) Such study shall be completed and an interim report thereon submitted not later than March 30, 1978, and a final report not later than January 1, 1979, to the Secretary, the Committee on Labor and Public Welfare of the Senate, and the Committee on Interstate and Foreign Commerce of the House of Representatives. (3) Such study shall develop methodologies for ascertaining the average annual cost of chiropractic education, and the factors that affect any variation among schools with respect to their average annual per student educational costs. The study shall employ the most recent data available from the chiropractic schools in the United States at the time of the study. (4) The study shall also determine the current demand for chiropractic services throughout the United States and shall develop methodologies for determining if current supply of chiropractors is sufficient to meet this demand. (5) The study shall include an analysis of the current costs of chiropractic services by type of service and shall include an analysis of such costs over the past five years. (b) The Secretary shall enter into an agreement with an appropriate nonprofit group or association to conduct such a study under iili arran^>cmcnt in which the Secretary reimburses such group or association for actual expenses incurred by such group or association in conducting such a study. (c) The provisions of this section shall take effect on the date of enactment of this Act. STUDIES OF TRAINING I N BILINGUAL AND BICULTURAL AWARENESS AND OF ADMISSIONS EXAMINATIONS OF PERSONS FROM POPULATION GROUPS OF LIMITED ENGLISH-SPEAKING ABILITY

42 USC 292h note.

SEC. 904. (a) The Secretary of Health, Education, and Welfare shall conduct, or arrange for the conduct of, a study of the adequacy of the efforts of health professions schools which provide training in clinical facilities which serve populations of limited English-speaking ability (1) in recruiting and training individuals who are competent in the predominant language (other than English) spoken by such populations, and (2) in conducting programs to increase the awareness of such individuals of the cultural sensitivities of such populations. (b) The Secretary of Health, Education, and Welfare shall conduct, or arrange for the conduct of, a study or studies to determine the effectiveness of health training institution admissions examinations in

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 PUBLIC LAW 94-484—OCT. 12, 1976

90 STAT. 2325

evaluating accurately the potential and ability of the student applicant from a population group of limited English-speaking ability to participate in and successfully complete the educational program. Such study or studies shall particularly consider the extent of any cultural bias in admissions examinations utilized by such institutions. (c) Within one year of the date of enactment of this Act the Secre- Report to tary shall report to the Congress the findings made in the studies Congress; conducted pursuant to subsections (a) and (b), recommendations for legisative administrative action and legislation, and the steps taken to carry out such action. DEFINITION

OF STATE

SEC. 905. (a) Section 2(f) is amended to read as follows: ^^ USC 201. "(f) Except as provided in sections 314(g)(4)(B), 318(c)(1), 331(h)(3), 355(5), 361(d), 701(9), 1002(c), 1201(2), 1401(13), 1531(1), and 1633(1), the term 'State' includes, in addition to the several States, only the District of Columbia, Guam, the Commonwealth of Puerto Rico, the Northern Mariana Islands, and the Virgin (b)(i) Sections 314(g)(4)(B), 355(5), 1002(c), 1201(2), 1401 (13), and 1633(1) are amended by inserting "the Northern Mariana Islands," immediately after "Puerto Rico," in each such section. (2) Section 318(c)(1) is amended by inserting "the Northern Mariana Islands," immediately after "American Samoa,".

42 USC 246, 263c, 300a, foo^:|^^^' 42 USC 247

LABOR CERTIFICATION

SEC. 906. (a) The Secretary of Health, Education, and Welfare shall 8 USC 1182 note, (not later than one year after the date of the enactment of this Act) develop sufficient data to enable the Secretary of Labor to make equitable determinations with regard to applications for labor certification by graduates of foreign medical schools. (b) The data required under subsection (a) shall include the number of physicians (by specialty and by percent of population) in a geographic area necessary to provide adequate medical care, including such care in hospitals, nursing homes, and other health care institutions, in such area. (c) The Secretary of Health, Education, and Welfare shall develop such data after consultation with such medical or other associations as may be necessary. Approved October 12, 1976.

LEGISLATIVE HISTORY: HOUSE REPORTS: No. 94-266 (Comm. on Interstate and Foreign Commerce) and No. 94-1612 (Comm. of Conference). SENATE REPORTS: No. 94-886 (Comm. on Labor and Public Welfare) and No. 94-887 accompanying S. 3239 (Comm. on Labor and Public Welfare). CONGRESSIONAL RECORD: Vol. 121 (1975): July 11, considered and passed House. Vol. 122 (1976): July 1, considered and passed Senate, amended. Sept. 20, Senate agreed to conference report. Sept. 27, House receded and concurred in Senate amendment with amendment. Sept. 30, Senate agreed to House amendment.

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Page:United States Statutes at Large Volume 90 Part 2.djvu/858

 90 STAT. 2326

PUBLIC LAW 94-485—OCT. 12, 1976

Public Law 94-485 94th Congress An Act Oct. 12, 1976 [S. 1414]

Commercial Fisheries Research and Development Act of 1964, amendments. 16 USC 779. 16 USC 779c. Apportioned funds.

16 USC 779d.

Effective date. 16 USC 779 note.

To amend the Commercial Fisheries Research and Development Act of 1964 to change certain procedures in order to improve the operation of the programs under such Act and to malce the Trust Territory of the Pacific Islands eligible to participate in such programs.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Commercial Fisheries Research and Development Act of 1964 (16 U.S.C. 779 et seq.) is amended— (1) by striking out "and Guam" in section 2 and inserting in lieu thereof "Guam, and the Trust Territory of the Pacific Islands"; (2) by inserting "initial" immediately after "receive an" in the second sentence of section 5(a); (3) by amending section 5(b) to read as follows: "(b)(1) Except as provided in paragraph (2) of this subsection, so much of any apportionment for any fiscal year to any State which is not obligated during such year remains available for obligation to that State to carry out the purposes of this Act until the close of the succeeding fiscal year, and, if unobligated at the end of that year, the funds shall not be considered thereafter to be apportioned to that State and shall remain available until expended to carry out the purposes of this Act as determined by the Secretary without regard to any provision of subsection (a) of this section. "(2) If any State— "(A) notifies the Secretary that it does not wish to receive all or any part of any funds apportioned to it for any fiscal year pursuant to subsection (a) of this section, or "(B) returns to the Secretary funds received by it pursuant to any apportionment pursuant to such subsection (a), such funds shall not be considered to be apportioned to that State and shall immediately be available, and remain available until expended, to carry out the purposes of this Act as determined by the Secretary without regard to any provision of such subsection (a). Any notification or return of funds made by any State pursuant to this paragraph is irrevocable,"; and (4) by amending section 6(c) — (A) by inserting "or where he otherwise deems it appropriate," immediately after "completed," in the first sentence; and (B) by striking out the second and third sentences thereof. SEC. 2. The amendments made by the first section of this Act shall take eflfect October 1, 1976. Approved October 12, 1976.

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-1472 (Comm. on Merchant Marine and Fisheries). SENATE REPORT No. 94-868 (Comm. on eommerce). CONGRESSIONAL RECORD, Vol. 122 (1976): May 21, considered and passed Senate. Sept. 20, considered and passed House, amended. Sept. 28, Senate concurred in House amendments.

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 PUBLIC LAW 94-486—OCT. 12, 1976

90 STAT. 2327

Public Law 94-486 94th Congress An Act Oct. 12, 1976 [S. 1506]

To amend the Wild and Scenic Rivers Act, and for other purposes.

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

of the

TITLE I—FLATHEAD, MONTANA

Wild and Scenic Rivers Act, amendments.

SEC. 101. Section 3(a) of the W i l d and Scenic Rivers Act (82 Stat. 906; 16 U.S.C. 1271 et seq.) is amended by a d d i n g the following new 16 USC 1274. paragraph at the end thereof: "(13) FLATHEAD, MONTANA.—The North For k from the Canadian border downstream to its confluence with the Middle For k; the Middle For k from its headw^aters to its confluence to the South For k; and the South For k from its origin to the H u n g r y Horse Reservoir, as generally depicted on the m a p entitled 'Proposed F l a the a d W i l d and Scenic River Boundary Location' dated February 1976; to be administered by agencies of the Departments of the Interior and Agriculture as agreed upon by the Secretaries of such Departments or as directed by the President. Action required to be taken under subsection (b) of this section shall be taken within one year from the date of enactment of this paragraph. For the purposes of this river, there are authorized Appropriation to be appropriated not more than $6,719,000 for the acquisition of authorization, lands and interests in lands. No funds authorized to be appropriated pursuant to this paragraph shall be available prior to October 1, 1977.". TITLE II—MISSOURI, MONTANA SEC. 201. Section 3(a) of the Act is further amended by adding at the end thereof the following new paragraph: "(14) MISSOURI, MONTANA.—The segment from Fort Benton one hundred and forty-nine miles downstream to Robinson Bridge, as generally depicted on the boundary m a p entitled 'Missouri Breaks Freeflowing River Proposal', dated October 1975, to be administered by the Secretary of the Interior. For the purposes of this river, there are authorized to be appropriated not more than $1,800,000 for the acquisition of lands and interests in lands. No funds authorized to be appropriated pursuant to this paragraph shall be available prior to October 1, 1977.". SEC. 202. After consultation with the State and local governments and the interested public, the Secretary shall, pursuant to section 3(b) of the W i l d and Scenic Rivers Act and within one year of enactment of this Act— (1) establish detailed boundaries of the river segment designated as a component of the National W i l d and Scenic Rivers System pursuant to section 1 of this Act (hereinafter referred to as the "river area"): Provided, That the boundaries of the portion of the river area from Fort Benton to Coal Banks L and i n g and the portion of the river area within the boundaries of the Charles M. Russell National Wildlife Range shall be d r a w n to include only the river and its bed and exclude all adjacent land except significant historic sites and such campsites and access

Appropriation authorization.

Consuhation. 16 USC 1274. note.

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 90 STAT. 2328

16 USC 1273.

Management.

16 USC 1274 note. 16 USC 1271 note.

Land acquisition.

16 USC 1277.

eondemnation.

Priority expenditure.

Easements.

Bridge construction.

PUBLIC LAW 94-486—OCT. 12, 1976 points as are deemed necessary by the Secretary, and to which the Secretary finds no reasonable alternative, as set forth in the management plan required pursuant to clause (2) of this section; and (2) determine, in accordance with the guidelines in section 2(b) of the Wild and Scenic Kivers Act, which of the three classes—wild river, scenic river, or recreation river—best fit portions of the river segment, designate such portions in such classes, and prepare a management plan for the river area in accordance with such designation. SEC. 203. (a) The Secretary of the Interior (hereinafter referred to as the "Secretary") shall manage the river area pursuant to the provisions of this Act and the Wild and Scenic Rivers Act, and in accordance with the provisions of the Taylor Grazing Act (48 Stat. 1269), as amended (43 U.S.C. 315), under principles of multiple use and sustained yield, and with any other authorities available to him for the management and conservation of natural resources and the protection and enhancement of the environment, where such Act, principles, and authorities are consistent with the purposes and provisions of this Act and the Wild and Scenic Rivers Act. (b)(1) The Secretary may acquire land and interests in land only in accordance with the provisions of this Act and the Wild and Scenic Rivers Act and the limitations contained in section 6 of that Act and only: (A) at Fort Benton for the visitor facility as provided in subsection (g)(2) of this section; (B) at the site of Fort McKenzie; (C) in that portion of the river area downstream from Fort Benton to Coal Banks Landing for historic sites, campsites, and access points in accordance with section 202(1) of this Act; and (D) in that portion of the river area downstream from Coal Banks Landing so as to provide, wherever practicable and necessary for the purposes of this Act and the Wild and Scenic Rivers Act, rim-to-rim protection for such portion. (2) In accordance with section 6(b) of the Wild and Scenic Rivers Act, the Secretary shall not acquire fee title to any lands by condemnation under the authority of that Act or this Act, except that the Secretary may use condemnation when necessary and within the limitations on acquisition set foith in clause (1) of this subsection to clear title, acquire scenic easements, or acquire such other easements as are reasonably necessary to give the public access to the river segment within the river area and to permit its members to traverse the length of said river area or of selected portions thereof. (3) The Secretary shall, to the extent feasible, give priority in expenditure of funds pursuant to this Act for the acquisition and development of campsites and historic sites, including the site of the visitor center at Fort Benton and the site of Fort McKenzie. (c) Consistent with the provisions of this Act and the Wild and Scenic Rivers Act, the Secretary may issue easements, licenses, or permits for rights-of-way through, over, or under the lands in Federal ownership within the river area, or for the use of such lands on such terms and conditions as are in accordance with the provisions of this Act, the Wild and Scenic Rivers Act, and other applicable law. (d) The Secretary is authorized to permit the construction of a bridge across the river in the general vicinity of the community of Winifred, Montana, in order to accommodate the flow of north-south traffic. Such construction shall be in accordance with a plan which is mutually acceptable to the Secretary and State and local highway officials, and which is consistent with the purposes of this Act and the Wild and Scenic Rivers Act.

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 PUBLIC LAW 94-486—OCT. 12, 1976 (e) To the extent and in a manner consistent with the purposes of the W i l d and Scenic Rivers Act the Secretary shall permit such p u m p ing facilities and associated pipelines as may be necessary to assure the continuation of an adequate supply of water from the Missouri River to the owners of lands adjacent to the river and for future agricultural use outside the river corridor. The Secretary is authorized to permit such p u m p i n g facilities and associated pipelines for use for fish, wildlife, and recreational uses outside the river corridor. (f) The Secretary shall permit hunting and fishing in the river area in accordance with applicable Federal and State laws, except that he may designate zones where, and periods when, no hunting or fishing shall be permitted for reasons of public safety or administration. (g)(1) The Secretary, acting through the Bureau of L and Management, shall exercise management responsibilities in the river area for: (A) the grazing of livestock; (B) the application of the United States mining and mineral leasing laws; (C) the management of fish and wildlife h a b i t a t; (D) the diversion and use of water for agricultural and domestic purposes; (E) the acquisition of lands and interests therein; (F) the administration of public recreational uses of, and any historic sites and campsites in, the river area; and (G) all other management responsibilities except those set forth in paragraph (2) of this subsection. (2) The Secretary, acting through the National P a r k Service, shall be responsible for the construction, operation, and management of any visitor facility in or near Fort Benton which is found necessary in accordance with the management plan developed pursuant to section 202 and the provision, at such facility, of interpretive services for the historic, archeological, scenic, natural, and fish and wildlife resources of the area.

90 STAT. 2329 Pumping facilities and associated pipelines.

Hunting and fishing.

Visitor facility, construction.

TITLE III—OBED, TENNESSEE SEC. 301. Section 3(a) of the Act is further amended by adding the 16 USC 1274. following new paragraph at the end thereof: " ( 1 5) OBED, TENNESSEE.—The segment from the western edge of the Catoosa Wildlife Management Area to the confluence with the E m o r y R i v e r; Clear Creek from the Morgan County line to the confluence with the Obed River, Daddys Creek from the Morgan County line to the confluence with the Obed River; and the E m o r y River from the confluence with the Obed River to the Nemo bridge as gericrally depicted and classified on the stream classification m a p dated December 1973. The Secretary of the Interior shall take such action, with the participation of the State of Tennessee as is provided for under subsection (b) within one year following the date of enactment of this paragraph. The development plan required by such subsection (b) Cooperative shall include cooperative agreements between the State of Tennessee agreements, acting through the Wildlife Resources Agency and the Secretary of the Interior. L and s within the W i l d and Scenic River boundaries that are currently part of the Catoosa Wildlife Management Area shall continue to be owned and managed by the Tennessee Wildlife Resources Agency in such a way as to protect the wildlife resources and primitive character of the area, and without further development of roads, campsites, or associated recreational facilities unless deemed necessary by that agency for wildlife management practices. The

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 90 STAT. 2330 Appropriation authorization.

PUBLIC LAW 94-486—OCT. 12, 1976 Obed Wild and Scenic River shall be managed by the Secretary of the Interior. For the purposes of carrying out the provisions of this Act with respect to this river, there are authorized to be appropriated such sums as may be necessary, but not to exceed $2,000,000 for the acquisition of lands or interests in lands and not to exceed $400,000 for development. No funds authorized to be appropriated pursuant to this paragraph shall be available prior to October 1, 1977.". TITLE IV—HOUSATONIC, CONNECTICUT

16 USC 1276.

SEC. 401. Subsection (a) of section 5 of the Act is further amended by adding at the end thereof the following: "(58) Housatonic, Connecticut: The segment from the Massachusetts-Connecticut boundary downstream to its confluence with the Shepaug River.". TITLE V—SECTION IV AMENDMENT

16 USC 1275.

SEC. 501. Subsection (b) of section 4 of the Act is amended by deleting the final sentence thereof. TITLE VI—FEATHER, CALIFORNIA

16 USC 1274. Administration.

SEC. 601. Subsection (a) of section 3 of the Act is further amended by striking the paragraph numbered (3) and inserting in lieu thereof: «(3) FEATHER, CALITGRNIA.—The entire Middle Fork downstream from the confluence of its tributary streams one kilometer south of Beckwourth, California; to be administered by the Secretary of Agriculture.". TITLE VII—PIEDRA, COLORADO

16 USC 1276.

SEC. 701. Paragraph (47) of section 6(a) of the Act is amended by striking out "including the tributaries and headwaters on national forest lands". Approved October 12, 1976.

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-1657 accompanying H.R. 15422 (Gomm. on Interior and Insular Affairs). SENATE REPORT No. 94-502 (Comm. on Interior and Insular Affairs). CONGRESSIONAL RECORD: Vol. 121 (1975): Dec. 4, considered and passed Senate. Vol. 122 (1976): Sept. 27, considered and passed House, amended, in lieu of H.R. 15422. Sept. 28, Senate concurred in House amendments.

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 PUBLIC LAW 94-487—OCT. 12, 1976

90 STAT. 2331

Public Law 94-487 94th Congress An Act To amend the Public Works and Economic Development Act of 1965, as amended, to extend the authorizations for a three-year period.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, TITLE I SEC. 101. This Act may be cited as the "Public Works and Economic Development Act Amendents of 1976". SEC. 102. Section 2 of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3121) is amended by inserting at the end the following new sentence: "Congress further declares that, in furtherance of maintaining the national economy at a high level, the assistance authorized by this Act should be made available to both rural and urban areas; that such assistance be available for planning for economic development prior to the actual occurrences of economic distress in order to avoid such condition; and that such assistance be used for long-term economic rehabilitation in areas where long-term economic deterioration has occurred or is taking place.". SEC. 103. (a) Section 101 of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3131) is amended by striking out subsection (e). (b) The second sentence of subsection (c) of section 101 of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3131) is amended by striking out "may" each of the two places it appears and inserting in lieu thereof at each such place "shall". (c) Section 101(c) of such Act is further amended by adding after the second sentence the following new sentence: "In case of any community development corporation which the Secretary determines has exhausted its effective borrowing capacity, the Secretary may reduce the non-Federal share below such per centum or waive the non-Federal share in the case of such a grant for a project in a redevelopment area designated as such under section 401(a)(6) of this Act.". SEC. 104. The first sentence of section 102 of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3132) is amended— (1) by striking out "and June 30, 1976," and inserting in lieu thereof "June 30, 1976, September 30, 1977, September 30, 1978, and September 30, 1979,"; and (2) by inserting immediately before "shall be available" the following: ", and for the period beginning July 1, 1976, and ending September 30, 1976, not to exceed $7,500,000 of the funds authorized to be appropriated under such section 105 for such period,". SEC. 105. Section 105 of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3135) is amended— (1) by striking out the period at the end of the first sentence and inserting in lieu thereof the following: ", not to exceed $62,500,000 for the period beginning July 1, 1976, and ending September 30,

Oct. 12, 1976 [S. 2228] Public Works and Economic Development Act Amendments of 1976. 42 USC 3121 note. Rural and urban area assistance.

Community development corporation grants, nonFederal share, waiver. 42 USC 3161.

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 90 STAT. 2332

PUBLIC LAW 94-487—OCT. 12, 1976 1976, and not to exceed $425,000,000 per fiscal year for the fiscal years ending September 30, 1977, September 30, 1978, and September 30, 1979."; (2) by striking out "and June 30, 1976," in the t h i r d sentence and inserting in lieu thereof " June 30, 1976, the period beginning July 1, 1976, and ending September 30, 1976, and the fiscal years e n d m g September 30, 1977, September 30, 1978, and September 30, 1979,"; and (3) by striking out "10 per centum" in the t h i r d sentence and inserting in lieu thereof "15 per centum". SEC. 106. Title I of the Public W o r k s and Economic Development Act of 1965 (42 U.S.C. 3131-3136) is further amended by adding at the end thereof the following: a CONSTRUCTION COST INCREASES

42 USC 3137.

Appropriation authorization.

Infra.

Interest reduction, payments.

42 USC 3142.

" SEC. 107. I n any case where a g r a n t (including a supplemental g r a n t) has been made under this title for a project and after such grant has been made but before completion of the project, the cost of such project based upon the designs and specifications which were the basis of the g r a n t has been increased because of increases in costs, the amount of such g r a n t may be increased by an amount equal to the percentage increase, as determined by the Secretary, in such costs, but in no event shall be percentage of the Federal share of such project exceed that originally provided for in such grant.". SEC. 107. (a) Section 201(c) (42 U.S.C. 3141) is amended to read as follows: " (c) There are hereby authorized to be appropriated such sums as may be necessary to carry out the provisions of this section and section 202, except that annual appropriations for the purpose of purchasing evidences of indebtedness, paying interest supplement to or on behalf of private entities making and participating in loans, and guaranteeing loans, shall not exceed $170,000,000 for the fiscal year ending June 30, 1966, and for each fiscal year thereafter through the fiscal year ending June 30, 1973, and shall not exceed $55,000,000 for the fiscal year ending June 30, 1974, and shall not exceed $75,000,000 for the fiscal years ending June 30, 1975, and June 30, 1976, and shall not exceed $18,750,000 for the period beginning July 1, 1976, and ending September 30, 1976, and shall not exceed $200,000,000 per fiscal year for the fiscal years ending September 30, 1977, September 30, 1978, and September 30, 1979.]'. (b) Section 201 of such Act is further amended by striking subsection (d) of such section. (c) Section 202(a)(1) of such Act is amended by a d d i n g after paragraph (1) the following new paragraph: " (2) I n addition to any other financial assistance under this title, the Secretary is authorized, in the case of any loan guarantee under authority of paragraph (1) of this section, to pay to or on behalf of the private borrower an amount sufficient to reduce up to 4 percentage points the interest paid by such borrower on such guaranteed loans. No payment under this paragraph shall result in the interest rate being paid by a borrower on such a guaranteed loan being less than the rate of interest for such a loan if it were made under section 201 of this Act. Payments made to or on behalf of such borrower shall be made no less often than annually.". (d) Section 202(a) of such Act is amended by renumbering existing paragraph (2) as (3), including any references thereto. SEC. 108. Section 2 0 2 (a)(3) of the Public W o r k s and Economic

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 PUBLIC LAW 94-487—OCT. 12, 1976

90 STAT. 2333

Development Act of 1965 (as redesignated by section 107 of this Act) ^"^e- P- 2332. is amended by striking out the period at the end thereof and adding the following: "(D) paying those debts with respect to which a lien against property has been legally obtained (including the refinancing of any such debt) in any case where the Secretary determines that it is essential to do so in order to save employment in a designated area, to avoid a significant rise in unemployment, or to create new or increased employment." SEC. 109. Title II of the Public Works and Economic Development Act of 1965 is amended by adding at the end thereof the following new 42 USC 3141. section: u REDEVELOPMENT AREA LOAN PROGRAM

"SEC. 204. (a) If a redevelopment area prepares a plan for the redevelopment of the area or a part thereof and submits such plan to the Secretary for his approval and the Secretary approves such plan, the Secretary is authorized to make an interest free loan to such area for the purpose of carrying out such plan. Such plan may include industrial land assembly, land banking, acquisition of surplus government property, acquisition of industrial sites including acquisition of abandoned properties with redevelopment potential, real estate development including redevelopment and rehabilitation of historical buildings for industrial and commercial use, rehabilitation and renovation of usable empty factory buildings for industrial and commercial use, and other investments which will accelerate recycling of land and facilities for job creating economic activity. Any such interest free loan shall be made on condition (1) that the area will use such interest free loan to make loans to carry out such plan, (2) the repayment of any loans made by the area from such interest free loan shall be placed by such area in a revolving fund available solely for the making of other loans by the area, upon approval by the Secretary, for the economic redevelopment of the area. Any such interest free loan shall be repaid to the United States by a redevelopment area whenever such area has its designation as a redevelopment area terminated or modified under section 402 of this Act. This section shall not apply to any redevelopment area whose designation as a redevelopment area would be terminated or modified under section 402 of this Act except for the provisions of section 2 of the Act entitled "An Act to amend the Public Works and Economic Development Act of 1965 to extend the authorizations for titles I through IV through fiscal year 1971", approved July 6, 1970 (P.L. 91-304). "<'b)(1) Each eligible recipient which receives assistance under this section shall annually during the period such assistance continues make a full and complete report to the Secretary, in such manner as the Secretary shall prescribe, and such report shall contain an evaluation of the effectiveness of the economic assistance provided under this section in meeting the need it was designed to alleviate and the purposes of this section. "(2) The Secretary shall provide an annual consolidated report to the Congress, with his recommendations, if any, on the assistance authorized under this section, in a form which he deems appropriate. The first such report to Congress under this subsection shall be made not later than July 1, 1977. "(c) There is authorized to be appropriated to carry out this section not to exceed $125,000,000 per fiscal year for the fiscal years ending September 30, 1977, September 30, 1978, and September 30, 1979.". SEC. 110. The fourth sentence of subsection (a) of section 302 of the Public Works and Economic Development Act of 1965 is amended to

89-194 O—78—pt. 2

55

Interest free loans. 42 USC 3144.

Repayment.

42 USC 3162.

42 USC 3131, 3161. 42 USC 3162 note.

Report to Congress.

Appropriation authorization. State economic development plan. 42 USC 3151a.

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 90 STAT. 2334

Appropriation authorization.

Appropriation authorization.

42 USC 3131, 3141, 3161. 42 USC 3151, 3152. 42 USC 3241. Area eligibility.

42 USC 3161.

PUBLIC LAW 94-487—OCT. 12, 1976 read as follows: "Any overall State economic development plan prepared with assistance under this section shall be prepared cooperatively by the State, its political subdivisions, and the economic development districts located in whole or in part within such State. Upon completion of any such plan, the State shall certify to the Secretary (1) that in the preparation of such State plan, the local and economic development district plans were considered and, to the fullest extent possible, such State plan is consistent with such local and economic development district plans, and (2) that such State plan is consistent with such local and economic development district plans, or, if such State plan is not consistent with such local and economic development district plans, all of the inconsistencies of the State plan with the local and economic development district plans, and the justification for each of these inconsistencies.". SEC. 111. (a) Section 303(a) of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3152) is amended by striking out the period at the end thereof and inserting in lieu thereof the following: ", $18,750,000 for the period beginning July 1, 1976, and ending September 30, 1976, and $75,000,000 per fiscal year for the fiscal years ending September 30, 1977, September 30, 1978, and September 30, 1979.". (b) Section 303(b) of such Act is amended by striking out "and June 30, 1976" and inserting in lieu thereof "June 30, 1976, September 30, 1977, September 30, 1978, and September 30, 1979". SEC. 112. (a) Section 304(a) of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3153) is amended by inserting immediately after "June 30, 1976," the following: "$18,750,000 for the period beginning July 1, 1976, and ending September 30, 1976, and $75,000,000 per fiscal year for the fiscal years ending September 30, 1977, September 30, 1978, and September 30, 1979,". (b) Section 304(a) of such Act is further amended by striking out "titles I, II, and IV" and inserting in lieu thereof "titles I, II, III (other than planning grants authorized under sections 301(b) and 302), IV, and IX". (c) Section 304(c) of such Act is amended by striking out "title I, II, or IV" and inserting in lieu thereof "title I, II, III (other than planning grants authorized under sections 301(b) and 302), IV, or IX". SEC. 113. (a) Section 401(a)(1)(A) of the Public Works and Economic Development Act of 1965 is amended by striking out "available calendar year" and inserting in lieu thereof "twelve consecutive months". (b) Section 401(a)(8) of the Public Works and Economic Development Act of 1965 is amended to read as follows: "(8) those areas which the Secretary of Labor determines, on the basis of average annual available unemployment statistics, to have experienced unemployment which is both substantial and above the national average for the preceding twenty-four months;". (c) Section 401(a) of such Act is further amended by adding at the end thereof the following: "(9) those areas which the Secretary determines have demonstrated long-term economic deterioration.". SEC. 114. (a) Section 401(b)(4) of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3161) is amended by striking out "two hundred and fifty", and inserting in lieu thereof "twentyfive". (b) Section 401(b) of the Public Works and Economic Develop-

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 PUBLIC LAW 94-487—OCT. 12, 1976 ment Act of 1965 (42 U.S.C. 3171) is amended by adding at the end thereof the following: "Nothing in this subsection shall prevent any municipality, designated as a redevelopment area or eligible to be designated as a redevelopment area, from combining with any other community having mutual economic interests and transportation and marketing patterns for the purposes of such designation.". SEC. 115. Section 403(g) of the Public W o r k s and Economic Development Act of 1965 (42 U.S.C. 3171) is amended by inserting immediately after " June 30, 1976,'' the following: "not to exceed $11,250,000 for the period beginning July 1, 1976, and ending September 30, 1976, and not to exceed $45,000,000 per fiscal year for the fiscal years ending September 30, 1977, September 30, 1978, and September 30, 1979,". SEC. 116. Section 404 of the Public W o r k s and Economic Development Act of 1965 (42 U.S.C. 3172) is amended by striking out ", and June 30, 1976," and inserting in lieu thereof the following: "and June 30, 1976, not to exceed $6,250,000 for the period beginning July 1, 1976. and ending September 30, 1976, and not to exceed $25,000,000 per fiscal year for the fiscal years ending September 30, 1977, September 30, 1978, and September 30, 1979,". SEC. 117. Title IV of the Public W o r k s and Economic Development Act of 1965 (42 U.S.C. 3161 et seq.) is further amended by adding at the end thereof the followinsf:

90 STAT. 2335 42 USC 3161

Appropriation authorization.

Appropriation authorization.

" P A R T D — UNEMPLOYMENT RATE DETERMINATIONS

" SEC. 405. Whenever any provision of this Act requires the Secretary of Labor, or the Secretary, to make any determination or other finding relating to the unemployment rate of any area, information regarding such unemployment rate may be furnished either by the Federal Government or by a State. Unemployment rates furnished by a State shall be accepted by the Secretary unless he determines that such rates are inaccurate. The Secretary shall provide technical assistance to State and local governments in the calculation of unemployment rates to insure their validity and standardization.". SEC. 118. (a) Section 509(c) of the Public W o r k s and Economic Development Act of 1965 is amended by striking out the first sentence and inserting in lieu thereof the following: " The term 'Federal grantin-aid programs' as used in this section means those Federal grant-inaid programs authorized on or before September 30, 1979, by this Act and Acts other than this Act for the acquisition or development of land, the construction or equipment of facilities, or other community or economic development or economic adjustment activities, including but not limited to grant-in-aid programs authorized by the following Act s: Federal W a t e r Pollution Control Act; Watershed Protection and Flood Prevention Act; titles VI and X VI of the Public Health Services Act; Vocational Education Act of 1963; L i b r a r y Services and Construction Act; Federal A i r p o r t Act; Airport and Airway Development Act of 1970; part IV of title III of the Communications Act of 1934; titles VI ( part A) and VII of the H i g h e r Education Act of 1965; L and and W a t e r Conservation F u n d Act of 1965; National Defense Education Act of 1958; Consolidated F a r m and R u r a l Development Act; and titles I and IX of this Act.". (b) The first sentence of section 5 0 9 (d)(1) of the Public W o r k s and Economic Development Act of 1965 (42 U.S.C. 3188a) is amended by striking out at the end thereof "and for the fiscal year ending September 30, 1977, to be available until expended, $250,000,000." and inserting in lieu thereof "and for the fiscal years ending September 30,

42 USC 3173.

"Federal grantin-aid programs.' 42 USC 3188a.,

33 USC 1151 note. 16 USC 1001 note. 42 USC 291, 300o. 20 USC 1241 note. 20 USC 351 note. 49 USC 1101-1120 notes. 49 USC 1701 note. 47 USC 390. 20 USC 1121, 1132a. 16 USC 460/-4 note. 20 USC 401 note. 7 USC 1921 note. 42 USC 3162, 3241.

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 90 STAT. 2336

Appropriation authorization.

Financial assistance for energy, limitations.

42 USC 3131, 3141.

Appropriation authorization.

PUBLIC LAW 94-487—OCT. 12, 1976 1977, September 30, 1978, and September 30, 1979, to be available until expended, $250,000,000 per fiscal year.". SEC. 119. Section 509(d)(2) of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3188a) is amended by striking out at the end thereof "and for the fiscal year ending September 30, 1977, to be available until expended, not to exceed $5,000,000." and inserting in lieu thereof "and for the fiscal years ending September 30, 1977, September 30, 1978, and September 30, 1979, to be available until expended, $5,000,000 per fiscal year.". SEC. 120. Section 704(e) of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3214) is amended to read as follows: "(e) No financial assistance authorized under this Act shall be used to finance the cost of facilities for the generation, transmission, or distribution of electrical energy, or to finance the cost of facilities for the production or transmission of gas (natural, manufactured, or mixed), except (1) for projects specifically authorized by Congress, and (2) for local projects for industrial parks and industrial or commercial areas in communities where the electrical energy or gas supply is, or is threatened to be interrupted or curtailed resulting in a loss of jobs, or where the purpose is to save jobs, or create new jobs, on condition that (A) the Secretary finds that project financing is not available from private lenders or other Federal agencies on terms which, in the opinion of the Secretary, will permit accomplishment of the project, and (B) the State or Federal regulatory body regulating such service determines that the facility to be financed will not compete with an existing public utility rendering such a service to the public at rates or charges subject to regulation by such State or Federal regulatory body, or if there is a determination of competition, the State or Federal regulatory body must make a determination that in the area to be served by the facility for which the financial assistance is to be extended there is a need for an increase in such service (taking into consideration reasonably foreseeable future needs) which the existing public utility is not able to meet through its existing facilities or through an expansion which it agrees to undertake. Not more fhan $7,000,000 appropriated to carry out titles I and II of this Act may be expended annually for such projects.". SEC. 121. (a) Section 901 of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3241) is amended by inserting " (including long-term economic deterioration)" immediately after "economic conditions". (b) Section 903(a)(1) of such Act (42 U.S.C. 3243) is amended— (1) by inserting " (A) " immediately before "which the Secretary"; (2) by inserting ", or (B) which the Secretary determines has demonstrated long-term economic deterioration," immediately after "Federal Government)"; (3) by inserting "and businesses" immediately after "relocation of individuals"; and (4) by striking out "and other appropriate assistance," and inserting in lieu thereof the following: "and other assistance which demonstrably furthers the economic adjustment objectives of this title.". (c) Section 903(a)(2)(A) of such Act is amended by inserting immediately after "loan guarantees," the following: "payments to reduce interest on loan guarantees,". (d) Section 905 of such Act (42 U.S.C. 3245) is amended by striking out the period at the end thereof and inserting in lieu thereof the following: ", not to exceed $25,000,000 for the transition quarter end-

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Page:United States Statutes at Large Volume 90 Part 2.djvu/869

 PUBLIC LAW 94-487—OCT. 12, 1976 ing September 30, 1976, and not to exceed $100,000,000 per fiscal year for the fiscal years ending September 30, 1977, September 30, 1978, and September 30, 1979.". SEC. 122. Section 1002 of the Public Works and Economic Development Act of 1965, as amended, is amended by striking the entire section and inserting the following: "SEC. 1002. For the purpose of this title the term 'eligible area' means any area, which the Secretary of Labor designates as an area which has a rate of unemployment equal to or in excess of 7 per centum for the most recent calendar quarter or any area designated pursuant to section 204(c) of the Comprehensive Employment and Training Act of 1973 which has unemployment equal to or in excess of 7 per centum with special consideration given to areas with unemployment rates above the national average.". SEC. 123. (a) Section 1003(c) of the Public Works and Economic Development Act of 1965, as amended, is amended to read as follows: "(c) Where necessary to effectively carry out the purposes of this title, the Secretary of Commerce is authorized to assist eligible areas in making applications for grants under this title.". (b) Section 1003(d) of such Act, as amended, is amended to read as follows: "(d) Notwithstanding any other provisions of this title, funds allocated by the Secretary of Commerce shall be available only for a program or project which the Secretary identifies and selects pursuant to this subsection, and which can be initiated or implemented promptly and substantially completed within twelve months after allocation is made. In identifying and selecting programs and projects pursuant to this subsection, the Secretary shall (1) give priority to programs and projects which are most effective in creating and maintaining productive employment, including permanent and skilled employment measured as the amount of such direct and indirect employment generated or suDported by the additional expenditures of Federal funds under this title, and (2) consider the appropriateness of the proposed activity to the number and needs of unemployed persons in the eligible area.". (c) Section 1003(e) of such Act, as amended, is amended to read as follows: "(e)(1) The Secretary, if the national unemployment rate is equal to or exceeds 7 per centum for the most recent calendar quarter, shall expedite and give priority to grant applications submitted for such areas having unemployment in excess of the national average rate of unemployment for the most recent calendar quarter. Seventy per centum of the funds appropriated pursuant to this title shall be available only for.q-rants in areas as defined in the first sentence of this subsection. "(2) Not more than 15 per centum of all amounts appropriated to carry out this title shall be available under this title for projects or programs within any one State, except that in the case of Guam, Virgin Islands, and American Samoa, not less than one-half of 1 per centum in the aggregate shall be available for such projects or programs.". SEC. 124. Section 1004 of the Public Works and Economic Development Act of 1965, as amended, is amended to read as follows: "SEC. 1004. (a) Within forty-five days after any funds are appropriated to the Secretary to carry out the purposes of this title, after the date of enactment of the Public Works and Economic Development Act Amendments of 1976, each department, agency, or instrumentality of the Federal Government, each regional commission established by section 101 of the Appalachian Regional Development Act of 1965 or

90 STAT. 2337

"Eligible area." 42 USC 3246a.

29 USC 844. Grant applications.

42 USC 3246b. Funds allocation priorities.

Program review, 42 USC 3246c.

Ante, p. 2331. 40 USC app. 101.

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Page:United States Statutes at Large Volume 90 Part 2.djvu/870

 90 STAT. 2338 42 USC 3182.

Ante, p. 2337.

42 USC 3246cl-3246g. 42 USC 3246e.

Appropriation authorization. 42 USC 3246f.

42 USC 3246g.

PUBLIC LAW 94-487—OCT. 12, 1976 pursuant to section 502 of this Act, shall (1) complete a review of its budget, plans, and programs and including State, substate, and local development plans filed with such department, agency or commission; (2) evaluate the job creation effectiveness of programs and projects for which funds are proposed to be obligated in the calendar year and additional programs and projects (including new or revised programs and projects submitted under subsection (b)) for which funds could be obligated in such year with Federal financial assistance under this title; and (3) submit to the Secretary of Commerce recommendations for programs and projects which have the greatest potential to stimulate the creation of jobs for unemployed persons in eligible areas. Within forty-five days of the receipt of such recommendations the Secretary of Commerce shall review such recommendations, and after consultation with such department, agency, instrumentality, regional commission. State, or local government make allocations of funds in accordance with section 1003(d) of this title. "(b) States and political subdivisions in any eligible area may, pursuant to subsection (a), submit to the appropriate department, agency, or instrumentality of the Federal Government (or regional commission) program and project applications for Federal financial assistance provided under this title. "(c) The Secretary, in reviewing programs and projects recommended for any eligible area shall give priority to programs and projects originally sponsored by States and political subdivisions, including, but not limited to, new or revised programs and projects submitted in accordance with this section.". SEC. 125. Section 1005 of the Public Works and Economic Development Act of 1965, as amended, is amended by striking such section and renumbering subsequent sections accordingly. SEC. 126. Section 1005 of the Public Works and Economic Development Act of 1965, as amended, as redesignated by this Act, is amended by striking the period and inserting the following at the end thereof: "unless this would require project grants to be made in areas which do not meet the criteria of this title.". SEC. 127. Section 1006 of the Public Works and Economic Development Act of 1965, as amended, as redesignated by this Act, is amended to read as follows: "SEC. 1006. (a) There are hereby authorized to be appropriated to carry out the provisions of this title $81,250,000 for each calendar quarter of a fiscal year during which the national average unemployment is equal to or exceeds 7 per centum on the average. No further appropriation of funds is authorized under this section if a determination is made that the national average rate of unemployment has receded below an average of 7 per centum for the most recent calendar quarter as determined by the Secretary of Labor. "(b) Funds authorized by subsection (a) are available for grants by the Secretary when the national average unemployment is equal to or in excess of an average of 7 per centum for the most recent calendar quarter. If the national average unemployment rate recedes below an average of 7 per centum for the most recent calendar quarter, the authority of the Secretary to make grants or obligate funds under this title is terminated. Grants may not be made until the national average unemployment has equaled or exceeded an average of 7 per centum for the most recent calendar quarter. "(c) Funds authorized to carry out this title shall be in addition to, and not in lieu of, any amounts authorized by other provisions of law.". SEC. 128. Section 1007 as redesignated by this Act is amended by

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Page:United States Statutes at Large Volume 90 Part 2.djvu/871

 PUBLIC LAW 94-4«7—OCT. 12, 1976

90 STAT. 2339

striking "December 31, 1975" and inserting in lieu thereof "September 30, 1979". SEC. 129. Title X of the Public W o r k s and Economic Development Act of 1965 is further amended by a d d i n g at the end thereof the 42 USC 3246. following new section: "CONSTRUCTION COSTS

" SEC. 1008. No program or project originally approved for funds 42 USC 3246h. under an existing program shall be determined to be ineligible for Federal financial assistance under this title solely because of increased construction costs.". SEC. 130. Section 2 of the Act entitled " A n Act to amend the Public W o r k s and Economic Development Act of 1965 to extend the authorizations for titles I through IV through fiscal year 1971", approved July 6, 1970 (Public Law 91-304), is amended by striking out " June 42 USC 3162 note. 1, 1976," and inserting in lieu thereof "September 30, 1979,". TITLE II SEC. 201. (a) The President of the United States is authorized and requested to call a White House Conference on Balanced National Growth and Economic Development within one year of the date of enactment of this Act in order to develop recommendations for further action toward balanced national growth and economic development, and to take account of present conditions and trends as set forth in the report accompanying this Act. Such conference shall be planned and conducted under the direction of the domestic council with the cooperation and assistance of such other Federal departments and agencies, including the regional commissions established under the Appalachian Regional Development Act and title V of the Public Works and Economic Development Act. (b) For the purpose of arriving at facts and recommendations concerning the utilization of skills, experience, and energies and the improvement of our country's social and economic needs, the conference shall assemble representatives of government, business, labor, and other citizens and representatives of institutions who could work together for balanced national growth and economic development. (c) A final report of the W h i t e House Conference on Balanced National Growth and Economic Development shall be submitted to the President not later than one hundred and eighty days following the date on which the conference is called and findings and recommendations included therein shall be immediately made available to the public. The President shall, within ninety days after the submission of such final report, transmit to the Congress his recommendations for the administrative action and legislation necessary to implement the recommendations contained in such report. SEC. 202. I n administering this title, the President shall— (1) request the cooperation and assistance of such other Federal departments and agencies as may be a p p r o p r i a t e; (2) give all reasonable assistance, including financial assistance, to the States to enable them to organize and conduct conferences on balanced growth and economic development; (3) prepare and make available background materials for the use of delegates to the W h i t e House Conference on Balanced National Growth and Economic Development as they may deem necessary; (4) prepare and distribute interim reports of the W h i t e House

42 USC 3121 note.

40 USC app. 1,

42 USC 3181.

Report to President for transmittal to Congress.

42 USC 3121 note.

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Page:United States Statutes at Large Volume 90 Part 2.djvu/872

 90 STAT. 2340

5 USC 101 et seq. 5 USC 5701, 5301. "State." 42 USC 3121 note. Advisory eommittee to the White House eonference on Balanced National Growth and Economic Development. Establishment. 42 USC 3121 note.

PUBLIC LAW 94-487—OCT. 12, 1976 Conference on Balanced National Growth and Economic Development as may be appropriate; and (5) engage such personnel as may be necessary without regard to the provisions of title 5, United States Code, governing appointments in the competitive civil service, and without regard to chapter 57 and subchapter 53 of such title relating to classification and General Schedule pay rates. SEC. 203. For the purpose of this title the term "State" includes the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands, and the Trust Territory of the Pacific Islands. SEC. 204. The President is authorized and directed to establish an Advisory Committee to the White House Conference on Balanced National Growth and Economic Development composed of fifteen members, of whom not less than five shall represent businesses in the private sector, and the Secretaries of the Departments of Commerce, Agriculture, Housing and Urban Development, and relevant Federal program managers. Approved October 12, 1976.

LEGISLATIVE HISTORY: HOUSE REPORTS: No. 94-1075 accompanying H.R. 9398 (Comm. on Public Works and Transportation) and No. 94-1671 (Comm. of eonference). SENATE REPORTS: No. 94-839 (Comm. on Public Works) and No. 94-1299 (Comm. of eonference). CONGRESSIONAL RECORD, Vol. 122 (1976): July 2, considered and passed Senate. Aug. 30, considered and passed House, amended, in lieu of H.R. 9398. Sept. 24, Senate agreed to conference report. Sept. 29, House agreed to conference report.

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Page:United States Statutes at Large Volume 90 Part 2.djvu/873

 PUBLIC LAW 94-488—OCT. 13, 1976

90 STAT. 2341

Public Law 94-488 94th Congress An Act To extend and amend the State and Local Fiscal Assistance Act of 1972, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION,. SHORT TITLE. This Act may be cited as the "State and Local Fiscal Assistance Amendments of 1976". SEC. 2. AMENDMENT OF STATE AND LOCAL FISCAL ASSISTANCE ACT OF 1972. Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the State and Local Fiscal Assistance Act of 1972, as amended (31 U.S.C. 1221 et seq.; 86 Stat. 919). SEC. 3. ELIMINATION OF EXPENDITURE CATEGORIES. (a) Section 103 (relating to requirement that local governments use revenue sharing funds only for priority expenditures) is repealed. (b) Section 123(a) (relating to assurances to the Secretary of the Treasury) is amended by striking out paragraph (3). SEC. 4. ELIMINATION OF PROHIBITION ON USE OF FUNDS FOR MATCHING. (a) Section 104 (relating to prohibition on use of revenue sharing funds as matching funds) is repealed. (b) Section 143(a) (relating to judicial review of withholding of payments) is amended by striking out "104(b) or". SEC. 5. EXTENSION OF PROGRAM AND FUNDING. (a) IN GENERAL.—Section 105 (relating to funding for revenue sharing) is amended— (1) by inserting "or (c) " immediately after "as provided in subsection (b) " in subsection (a)(1); (2) by redesignating subsection (c) as subsection (d); (3) by inserting immediately after subsection (b) the following new subsection: "(c)

Oct. 13, 197t>_ [H.R. 13367] State and Local ^^llZT:t 1976. 3^ u s e 122I note.

Repeal, 31 USC 1222. ^1 USC 1243.

Repeal, 31 USC 1223. ^^ ^^^ 126^.

31 USC 1224.

AUTHORIZATION or APPROPRIATIONS FOR ENTITLEMENTS. —

" (1) IN GENERAL.—In the case of any entitlement period described in paragraph (3), there are authorized to be appropriated to the Trust F u n d to pay the entitlements hereinafter provided for such entitlement period an amount equal to $6,650,000,000 times a fraction— " (A) the numerator of which is the amount of the Federal individual income taxes collected in the last calendar year ending more than one year before the end of such entitlement period, and " (B) the denominator of which is the amount of the Federal individual income taxes collected in the calendar year 1975.

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Page:United States Statutes at Large Volume 90 Part 2.djvu/874

 90 STAT. 2342

PUBLIC LAW 94-488—OCT. 13, 1976 The amount determined under this paragraph is not to exceed $6,850,000,000. "(2) NONCONTIGUOUS STATES ADJUSTMENT AMOUNTS.—In the

•

case of any entitlement period described in paragraph (3), there are authorized to be appropriated to the Trust Fund to pay the entitlements hereinafter provided for such entitlement period an amount equal to $4,780,000 times a fraction— " (A) the numerator of which is the amount of the Federal individual income taxes collected in the last calendar year ending more than one year before the end of such entitlement period, and "(B) the denominator of which is the amount of the Federal individual income taxes collected in the calendar year 1975. The amount determined under this paragraph is not to exceed $4,923,759. "(3)

ENTITLEMENT

PERIODS.—The

following

entitlement

periods are described in this paragraph: "(A) The entitlement period beginning January 1, 1977, and ending September 30, 1977; "(B) The entitlement period beginning October 1, 1977, and ending September 30, 1978; "(C) The entitlement period beginning October 1, 1978, and ending September 30, 1979; and "(D) The entitlement period beginning October 1, 1979, and ending September 30, 1980. "(4) SHORT ENTITLEMENT PERIOD.—In the case of an entitlement period of 9 months which follows an entitlement period of 6 months— "(A) the amount determined under paragraph (1) for such 9-month period shall be reduced b^y one-half the amount appropriated for such 6-month period under subsection (b)(1), and "(B) the amount determined under paragraph (2) for such entitlement period shall be reduced by one-half the amount appropriated for such 6-month entitlement period under subsection (b)(2)." (4) by inserting "; AUTHORIZATIONS FOR ENTITLEMENTS" in the heading of such section immediately after "APPROPRIATIONS". (b) CONFORMING AMENDMENTS.—

31 USC 1225.

(1) Subsection (a) of section 106 (relating to general rule for allocation among States) is amended to read as follows: "(a) IN GENERAL.—There shall be allocated an entitlement to each

State— 31 USC 1224.

Ante, p. 2341.

"(1) for each entitlement period beginning before December 31, 1976, out of amounts appropriated under section 105(b)(1) for that entitlement period, an amount which bears the same ratio to the amount appropriated under that section for that period as the amount allocable to that State under subsection (b) bears to the sum of the amounts allocable to all States under subsection (b); and "(2) for each entitlement period beginning on or after January 1, 1977, out of amounts authorized under section 105(c)(1) for that entitlement period, an amount which bears the same ratio to the amount authorized under that section for that period as the

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Page:United States Statutes at Large Volume 90 Part 2.djvu/875

 PUBLIC LAW 94-488—OCT. 13, 1976 amount allocable to that State under subsection (b) bears to the sum of the amounts allocable to all States under subsection (b).". (2) Paragraph (1) of section 106(b) (relating to general rule for determining allocable amounts) is amended to read as follows: "(1) IN GENERAL.—For purposes of subsection (a), the amount allocable to a State under this subsection for any entitlement period shall be determined under paragraph (2), except that such amount shall be determined under paragraph (3) if— "(A) in the case of an entitlement period beginning before December 31, 1976, the amount allocable to such State under paragraph (3) is greater than the sum of the amounts allocable to such State under paragraph (2) and subsection (c); and "(B) in the case of an entitlement period beginning on or after January 1, 1977, the amount allocable to such State under paragraph (3) is greater than the amount allocable to such State under paragraph (2).". (3) Paragraph (1) of section 106(c) (general rule for noncontiguous State adjustment) is amended to read as follows: "(1) IN GENERAL.—In addition to the amounts allocated to the States under subsection (a), there shall be allocated for each entitlement period an additional amount to any State in which civilian employees of the United States Government receive an allowance under section 5941 of title 5, United States Code— ''(A) in the case of an entitlement period beginning before December 31, 1976, out of amounts appropriated under section 105(b)(2), if the allocation of such State under subsection (b) is determined by the formula set forth in paragraph (2) of that subsection; and "(B) in the case of an entitlement period beginning on or after January 1, 1977, out of amounts authorized under section 105(c)(2).". ^ (4) Section 106(c)(2) (relating to amount of noncontiguous State adjustments) is amended— (A) by striking out "subsection (b)(2)" and inserting in lieu thereof "subsection (b)", and (B) by inserting immediately after "section 105(b)(2) for any entitlement period" the following: "beginning before December 31, 1976, or authorized under section 105(c)(2) for any entitlement period beginning on or after January 1, 1977,". (5) Section 108(b)(6)(D)(i) (relating to entitlements less than $200) is amended by inserting after "6 months" the following: ", $150 for an entitlement period of 9 months". (6) Section 108(c)(1)(C) (relating to optional formula for allocation among local governments) is amended by striking out "December 31, 1976," and inserting in lieu thereof "September 30, 1980,". (7) Section 141(b) (relating to definition of "entitlement period") is amended by inserting at the end thereof the following new paragraphs: "(6) The period beginning January 1, 1977, and ending September 30, 1977. "(7) The one-year periods beginning October 1 of 1977, 1978, and 1979.".

90 STAT. 2343

31 USC 1225.

31 USC 1224.

Ante, p. 23U. 31 USC 1225.

31 USC 1224.

31 USC 1227.

31 USC 1261.

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Page:United States Statutes at Large Volume 90 Part 2.djvu/876

 90 STAT. 2344

PUBLIC LAW 94-488—OCT. 13, 1976 SEC. 6. SPECIAL ENTITLEMENT RULES. (a)

31 USC 1226.

STATE M A I N T E N A N C E OF TRANSFERS TO LOCAL GOVERNMENTS.—

(1) Paragraph (1) of section 107(b) (relating to general rule for State maintenance of transfers to local governments) is amended to read as follows: " (1) GENERAL RULE.— " (A) P R E - 1977 ENTITLEMENT PERIODS.—The entitlement of

any State government for any entitlement period beginning on or after July 1, 1973, and before December 31, 1976, shall be reduced by the amount (if any) by which— " (i) the average of the aggregate amounts transferred by the State government (out of its own sources) during such period and the preceding entitlement period to all units of local government in such State, i s less than, " ( i i) the similar aggregate amount for the one-year period beginning July 1, 1971. " (B) POST- 19 7 e ENTITLEMENT PERIODS.—The entitlement of

any State government for any entitlement period beginning on or after January 1, 1977, shall be reduced by the amount (if any) by which— " (i) one-half of the aggregate amounts transferred by the State government ( o u t of its own sources) during the 24-month period ending on the last d a y of the last fiscal year of such State for which the relevant data are availaljle ( i n accordance with regulations prescribed by the Secretary) on the first day of such entitlement period, to all units of local government in such State, is less than, " ( i i) one-half of the similar aggregate amount for the 24-month period ending on the day before the start of the 24-month period described in clause (i). " (C) For purposes of subparagraphs (A)(i) and (B)(i), the amount of any reduction in the entitlement of a State government under this subsection for any entitlement period shall, for subsequent entitlement periods, be treated as an amount transferred by the State government (out of its own sources) during such period to units of local government in such State.". (2) Section 1 0 7 (b)(2) (relating to adjustment where State assumes responsibility for category of expenditures) is amended— (A) by striking out "under paragraph (1)(B) " and inserting i n lieu thereof "under paragraph (l)(A) ( i i) or (l)(B)(ii)";and (B) by striking out "the one-year period beginning July 1, 1971," and inserting in lieu thereof "the period utilized for purposes of such paragraph ". (3) Section 107(b)(3) (relating to adjustments i n the case of new taxing powers) is amended by striking out " paragraph (1)(B) " and inserting in lieu thereof " paragraph (1)(A) (ii) (in the case of an entitlement period beginning before December 31, 1976) or paragraph (1)(B) (ii) (in the case of a n entitlement period beginning on or after January 1, 1977)". (4) Section 107(b) (relating to State maintenance of support to local governments) is amended by redesignating paragraph s (6) and (7) as paragraph s (8) and (9), respectively, and by inserting after paragraph (5) the following new paragraph s: " (6) SPECIAL RULE FOR THE PERIOD BEGINNING JANUARY 1, 1977.—

I n the case of the entitlement period beginning January 1, 1977, and ending September 30, 1977, the aggregate amounts taken into

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