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Page:United States Statutes at Large Volume 90 Part 2.djvu/1184

 90 STAT. 2652 Travel expenses.

Duties.

Long-range plan.

PUBLIC LAW 94-562—OCT. 19, 1976 as members of the Commission. All members, while serving away from their homes or regular places of business in the performance of services for the Commission, shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as such expenses are authorized by section 5703 of title 5, United States Code, for persons in Government service employed intermittently. (g)(1) The Commission shall— (A) conduct a comprehensive study of the present state of knowledge of the incidence, duration, and morbidity of, and mortality rates resulting from, digestive diseases and of the social and economic impact of such diseases; (B) evaluate the public and private facilities and resources (including trained personnel and research activities) for the diagnosis, prevention, and treatment of, and research in, such diseases; and (C) identify programs (including biological, behavioral, nutritional, environmental, and social programs) in which, and the means by which, improvement in the management of digestive diseases can be accomplished. Each Federal entity administering health programs and activities related to digestive diseases shall, upon request, assist the Commission in carrying out its duties under this paragraph. (2) Based on the study, evaluation, and identification made pursuant to paragraph (1), the Commission shall develop and recommend a long-range plan for the use and organization of national resources to effectively deal with digestive diseases. The plan shall provide for— (A) research studies into the basic biological processes and mechanisms related to digestive diseases; (B) investigations into the epidemiology, etiology, diagnosis, treatment, prevention, and control of digestive diseases; (C) development of preventive measures (including education programs, programs for the elimination of environmental hazards related to digestive diseases, and clinical programs) to be taken against digestive diseases; (D) detection of digestive diseases in the presymptomatic stages and development and evaluation of new and improved methods of screening for digestive diseases; (E) development of criteria for the diagnosis and the clinical management and control of digestive diseases; (F) development of coordinated health care systems for dealing with digestive diseases; (G) education and training (including continuing education programs) of scientists, clinicians, educators, and allied health professionals in the fields and specialties requisite to the conduct of programs related to digestive diseases with special emphasis on training for careers in research, teaching, and all aspects of patient care; (H) the conduct and direction of field studies and clinical trials for testing, evaluating, and demonstrating preventive, diagnostic, therapeutic, rehabilitative, and control measures in digestive diseases; (I) establishment of a standardized nomenclature of all digestive diseases for use in basic and clinical research and to facilitate collaborative studies; and (J) establishment of a system of periodic surveillance of the research potential and research needs in digestive diseases corre-

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Page:United States Statutes at Large Volume 90 Part 2.djvu/1185

 PUBLIC LAW 94-562—OCT. 19, 1976

90 STAT. 253

spending with the recently completed survey organized by the National Institute of Arthritis, Metabolism, and Digestive Diseases. The long-range plan formulated under this paragraph shall also include within its scope related nutritional disorders and basic biological processes and mechanisms in nutrition which are related to digestive diseases. (h) The Commission shall recommend for each of the Institutes of the National Institutes of Health whose activities are to be affected by the long-range plan estimates of the expenditures needed to carry out each Institute's part of the overall program. Such estimates shall be prepared for the fiscal year beginning immediately after completion of the Commission's plan and for each of the next two fiscal years. (i)(l) Within eighteen months following its initial meeting (as Report to prescribed by subsection (d)), the Commission shall publish and transmit directly to the Congress a final report respecting its activities under this section. The report shall contain (A) the long-range plan required by subsection (g), (B) the expenditure estimates required by subsection (h), and (C) any recommendations of the Commission for legislation. (2) The Commission shall cease to exist on the thirtieth day follow- Tennination. ing the date of submission of the final report to Congress. (j) There are authorized to be appropriated without fiscal year Appropriation audiorization. limitation $1,500,000 to carry out the purposes of this section. COORDINATING COMMITTEE FOR DIGESTIVE DISEASES

SEC. 302. Part D of title IV is amended by adding after section 440 (as added by section 103 of this Act) the following new section: "COORDINATING COMMITTEE FOR DIGESTIVE DISEASES

"SEC. 440A. (a) The Secretary shall establish a Coordinating Committee for Digestive Diseases (hereafter in this section referred to as the 'Committee') to be composed of the Directors (or their designated representatives) of each of the Institutes of the National Institutes of Health involved in digestive disease research; and the head (or his designated representative) of the Alcohol, Drug Abuse and Mental Health Administration, the National Institute of Occupational Safety and Health, the Food and Drug Administration, the Department of Medicine and Surgery of the Veterans' Administration, the Center for Disease Control, the Department of Defense, the Department of Agriculture, the Health Services Administration, the Health Resources Administration, the Social Security Administration, and the Institute of Medicine of the National Academy of Sciences. The Committee shall be chaired by the Director of the National Institute of Arthritis, Metabolism, and Digestive Diseases and the Associate Director for Digestive Diseases and Nutrition of that Institute shall serve as vice chairman. The Committee shall meet at the call of the Chairman, but not less often than three times a year.

Establishment 42 USC 289c-«.

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Page:United States Statutes at Large Volume 90 Part 2.djvu/1186

 90 STAT. 2654

Report to Secretary of HEW.

PUBLIC LAW 94^562—OCT. 19, 1976 "(b) The Committee shall be responsible for the coordination of the activities of the entities represented on the Committee respecting digestive diseases. The Committee shall submit to the Secretary an annual report detailing the manner in which the Committee has coordinated such activities.". Approved October 19, 1976.

LEGISLATIVE HISTORY: CONGRESSIONAL RECORD, Vol. 122 (1976): Oct 1, considered and passed Senate and House. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, VoL 12, No. 43: Oct. 20, Presidential statement.

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Page:United States Statutes at Large Volume 90 Part 2.djvu/1187

 PUBLIC LAW 94-563—OCT. 19, 1976

90 STAT. 2655

Public Law 94-563 94th Congress An Act To amend chapter 21 of the Internal Revenue Code of 1954 and title II of the Social Security Act to provide that the payment of social security taxes by a nonprofit organization with respect to its employees shall constitute (for both tax and benefit purposes) a constructive filing by such organization of the certificate otherwise required to provide social security coverage for such employees if it has not received a refund or credit of such taxes, and to require the filing of such a certificate by any nonprofit organization which paid such taxes but received a refund or credit because it had not previously filed such certificate.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) section 210 (a)(8)(B) of the Social Security Act is amended— (1) by inserting after "filed pursuant to section 3121(k) of the Internal Revenue Code of 1954" in the matter preceding clause (i) the following: " (or deemed to have been so filed under paragraph (4) or (5) of such section 3121 ( k ^ "; (2) by inserting after "filed" in clauses (i), (ii), and (iii) the following: "(or deemed to have been filed)"; and (3) by striking out "is in effect" in the matter following clause (iii) and inserting in lieu thereof "is (or is deemed to be) in effect". (b) Section 3121(b)(8) of the Internal Revenue Code of 1954 (relating to exclusion of certain services from definition of employment) is amended— (1) by inserting after "filed pursuant to subsection (k) (or the corresponding subsection of prior law)" in the matter preceding clause (i) the following: "or deemed to have been so filed under paragraph (4) or (5) of such subsection"; (2) by inserting after "filed" in clauses (i), (ii), and (iii) the following:" (or deemed to have been filed)"; and (3) by striking out "is in effect" in the matter following clause (iii) and inserting in lieu thereof "is (or is deemed to be) in effect". (c) Section 3121(k) of such Code (relating to exemption of religious, charitable, and certain other organizations) is amended by adding at the end thereof the following new paragraphs: "(4)

Oct. 19, 19i6 [H.R. 15571]

Social security taxes. 42 USC 410.

26 USC 3121.

CONSTRUCTIVE FILING OF CERTIFICATE WHERE NO REFUND

OR CREDIT O F TAXES HAS BEEN MADE.—

"(A) In any case where— "(i) an organization described in section 501(c) ( 3 | 26 USC 501. which is exempt from income tax under section 601(a) has not filed a valid waiver certificate under paragraph (1) of this subsection (or under the corresponding provision of prior law) as of the date of the enactment of this paragraph or any subsequent date, but "(ii) the taxes imposed by sections 3101 and 3111 26 USC 3101, have been paid with respect to the remuneration paid 3111by such organization to its employees, as though such a certificate had been filed, during any period (subject to subparagraph (B)(i)) of not less than three consecutive calendar quarters,

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Page:United States Statutes at Large Volume 90 Part 2.djvu/1188

 90 STAT. 2656

42 USC 410.

42 USC 405.

PUBLIC LAW 94-563—OCT. 19, 1976 such organization shall be deemed (except as provided in subparagraph (B) of this paragraph) for purposes of subSection (b)(8)(B) and section 210(a)(8)(B) of the Social Security Act, to have filed a valid waiver certificate under paragraph (1) of this subsection (or under the corresponding provision of prior law) on the first day of the period described in clause (ii) of this subparagraph effective on the first day of the calendar quarter in which such period began, and to have accompanied such certificate with a list containing the signature, address, and social security number (if any) of each employee with respect to whom the taxes described in such subparagraph were paid (and each such employee shall be deemed for such purposes to have concurred in the filing of the certificate). "(B) Subparagraph (A) shall not apply with respect to any organization if— "(i) the period referred to in clause (ii) of such subparagraph (in the case of that organization) terminated before the end of the earliest calendar quarter falling wholly or partly within the time limitation (as defined in section 205(c)(1)(B) of the Social Security Act) immediately preceding the date of the enactment of this paragraph, or "(ii) a refund or credit of any part of the taxes which were paid as described in clause (ii) of such subparagraph with respect to remuneration for services performed on or after the first day of the earliest calendar quarter falling wholly or partly within the time limitation (as defined in section 205(c)(1)(B) of the Social Security Act) immediately preceding the date of enactment of this paragraph (other than a refund or credit which would have been allowed if a valid waiver certificate filed under paragraph (1) had been in effect) has been obtained by the organization or its employees prior to September 9, 1976. "(5) CONSTRUCTIVE FILING OF CERTIFICATE WHERE REFUND OR CREDIT HAS BEEN MADE AND NEW CERTIFICATE IS NOT FILED.—IN ANY

26 USC 501.

case where— "(A) an organization described in section 501(c)(3) which is exempt from income tax under section 501(a) would be deemed under paragraph (4) of this subsection to have filed a valid waiver certificate under paragraph (1) if it were not excluded from such paragraph (4) (pursuant to subparagraph (B) (ii) thereof) because a refund or credit of all or a part of the taxes described in paragraph (4)(A) (ii) was obtained prior to September 9, 1976; and "(B) such organization has not, prior to the expiration of 180 days after the date of the enactment of this paragraph, filed a valid waiver certificate under paragraph (1) which is effective for a period beginning on or before the first day of the first calendar quarter with respect to which such reiund or credit was made (or, if later, with the first day of the earliest calendar quarter for which such certificate may be in effect under paragraph (1)(B) (iii)) and which is accompanied by the list described in paragraph (1)(A),

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Page:United States Statutes at Large Volume 90 Part 2.djvu/1189

 PUBLIC LAW 94-563—OCT. 19, 1976

90 STAT. 2657

such organization shall be deemed, for purposes of subsection (b) (8)(B) and section 210(a)(8)(B) of the Social Security Act, 42 USC 410. to have filed a valid waiver certificate under paragraph (1) of this subsection on the 181st day after the date of the enactment of this paragraph, effective for the period beginning on the first day of the first calendar quarter with respect to which the refund or credit referred to in subparagraph (A) of this paragraph was made (or, if later, with the first day of the earliest calendar quarter falling wholly or partly within the time limitation (as defined in section 205(c)(1)(B) of the Social Security Act) 42 USC 405. immediately preceding the date of the enactment of this paragraph) j and to have accompanied such certificate with a list containing the signature, address, and social security number (if any) of each employee described in subparagraph (A) of paragraph (4) including any employee with respect to whom taxes were refunded or credited as described in subparagraph (A) of this paragraph (and each such employee shall be deemed for such purposes to have concurred in the filing of the certificate). A certificate which is deemed to have been filed by an organization on such 181st day shall supersede any certificate which may have been actually filed by such organization prior to that day except to the extent prescribed by the Secretary or his delegate. "(6) APPLICATION or CERTAIN PROVISIONS TO CASES or CONSTRUCTIVE FILING.—All of the provisions of this subsection (other than

subparagraphs (B), (F), and (H) of paragraph (1)), including the provisions requiring payment of taxes under sections 3101 and 26 USC 3101. 3111 with respect to the services involved, shall apply with respect 26 USC 3111. to any certificate which is deemed to have been filed by an organization on any day under paragraph (4) or (5), in the same way they would apply if the certificate had been actually filed on that day under paragraph (1); except that— "(A) the provisions relating to the filing of supplemental lists of concurring employees in the third sentence of paragraph (1)(A), and in paragraph (1)(C), shall apply to the extent prescribed by the Secretary or his delegate; "(B) the provisions of paragraph (1)(E) shall not apply unless the taxes described in paragraph (4)(A) (ii) were paid by the organization as though a separate certificate had been filed with respect to one or both of the groups to which isuch provisions relate; and "(C) the action of the organization in obtaining the refund or credit described in paragraph (5)(A) shall not be considered a termination of such organization's coverage period for purposes of paragraph (3). Any organization which is deemed to have filed a waiver certificate under paragraph (4) or (5) shall be considered for purposes of section 3102(b) 26 USC 3102. to have been required to deduct the taxes imposed by section 3101 with respect to the services involved. "(7)

B O T H EMPLOYEE AND EMPLOYER TAXES PAYABLE BY ORGANI-

ZATION FOR RETROACTIVE PERIOD IN CASES OF CONSTRUCTIVE FILING.—

Notwithstanding any other provision of this chapter, in any case where an organization described in paragraph (5)(A) has not filed a valid waiver certificate under paragraph (1) prior to the expiration of 180 days after the date of the enactment of this paragraph and is accordingly deemed under paragraph (5) to have filed such a certificate on the 181st day after such date, the taxes due under section 3101, with respect to services constituting

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Page:United States Statutes at Large Volume 90 Part 2.djvu/1190

 90 STAT. 2658

26 USC 3111.

PUBLIC LAW 94-563—OCT. 19, 1976 employment by reason of such certificate for any period prior to the first day of the calendar quarter in which such 181st day occurs (along with the taxes due under section 3111 with respect to such services and the amount of any interest paid in connection with the refund or credit described in paragraph (5)(A)) shall be paid by such organization from its own funds and without any deduction from the wages of the individuals who performed such services; and those individuals shall have no liability for the payment of such taxes. "(8)

26 USC 3101.

26 USC 3121 note. Ante, p. 2655. 26 USC 3121 note.

Remuneration. 26 USC 3121 note.

EXTENDED PERIOD FOR PAYMENT OF TAXES FOR RETROACITVE

COVERAGE.—Notwithstanding any other provision of this title, in any case where an organization described in paragraph (5)(A) files a valid waiver certificate under paragraph (1) by the end of the 180-day period following the date of the enactment of this paragraph as described in paragraph (5)(B), or (not having filed such a certificate within that period) is deemed under paragraph (5) to have filed such a certificate on the 181st day following that date, the taxes due under sections 3101 and 3111 with respect to services constituting employment by reason of such certificate for any period prior to the first day of the calendar quarter in which the date of such filing or constructive filing occurs may be paid in installments over an appropriate period of time, as determined under regulations prescribed by the Secretary or his delegate, rather than in a lump sum.", (d) The amendments made by this section shall apply with respect to services performed after 1950, to the extent covered by waiver certificates filed or deemed to have been filed under section 3121(k)(4) or (5) of the Internal Revenue Code of 1954 (as added by such amendments). SEC. 2. Notwithstanding any other provision of law, no refund or credit of any tax paid under section 3101 or 3111 of the Internal Revenue Code of 1954 by an organization described in section 501(c)(3) of such Code which is exempt from income tax under section 501(a) of such Code shall be made on or after September 9, 1976, by reason of such organization's failure to file a waiver certificate under flection 3121 (k)(l) of such Code (or the corresponding provision of prior law), if such organization is deemed to have filed such a certificate under section 3121(k)(4) of such Code (as added by the first section of this Act). SEC. 3. In any case where— (1) an individual performed service, as an employee of an organization which is deemed under section 3121(k)(5) of the Internal Revenue Code of 1954 to have filed a waiver certificate under section 3121(k)(1) of such Code, at any time prior to the period for which such certificate is effective; (2) the taxes imposed by sections 3101 and 3111 of such Code were paid with respect to remuneration paid for such service, but such service (or any part thereof) does not constitute employment (as defined in section 210(a) of the Social Security Act and section 3121(b) of such Code) because the applicable taxes so paid were refunded or credited (otherwise than through a refund or credit which would have been allowed if a valid waiver certificnte filed under section 3121 ( k H l) of such Code had been in effect) prior to September 9, 1976; and

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Page:United States Statutes at Large Volume 90 Part 2.djvu/1191

 PUBLIC LAW 94-563—OCT. 19, 1976 (3) any portion of such service (with respect to which taxes were paid and refunded or credited as described in paragraph (2)) would constitute employment (as so defined) if the organization had actually filed under section 3121(k)(1) of such Code a valid waiver certificate effective as provided in section 3121 (k)(5)(B) thereof (with such individual's signature appearing on the accompanying list), the remuneration paid for the portion of such service described in paragraph (3) shall, upon the request of such individual (filed in such manner and form, and with such official, as may be prescribed by regulations made under title II of the Social Security Act) accompanied by full repayment of the taxes which were paid under section 3101 of such Code with respect to such remuneration and so refunded or credited, be deemed to constitute remuneration for employment as so defined. In any case where remuneration paid by an organization to fin individual is deemed under the preceding sentence to constitute remuneration for employment, such organization shall be liable (notwithstanding any other provision of such Code) for repayment of any taxes which it paid under section 3111 of such Code with respect to such remuneration and which were refunded or credited to it. Approved October 19, 1976.

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-1711 (Comm. on Ways and Means). CONGRESSIONAL RECORD, Vol. 122 (1976): Sept. 30, considered and passed House. Oct. 1, considered and passed Senate.

90 STAT. 2659

26 USC 3121. Ante, p. 2655.

42 USC 401. 26 USC 3101.

26 USC 3111.

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Page:United States Statutes at Large Volume 90 Part 2.djvu/1192

 90 STAT. 2660

PUBLIC LAW 94-564—OCT. 19, 1976

Public Law 94-564 94th Congress An Act Oct. 19, 1976 [H.R. 13955]

To provide for amendment of the Bretton Woods Agreements Act, and for other purposes.

Be it enacted by the Senate and House of Representatives of the Bretton Woods United States of America in Congress assembled, That the Bretton Agreements Act, Woods Agreements Act (22 U.S.C. 286-286k-2) is amended by adding amendments. at the end thereof the following new sections: 22 USC 286e-5. " SEC. 24. The United States Governor of the F u n d is authorized to 60 Stat. 1401. accept the amendments to the Articles of Agreement of the F u n d approved in resolution numbered 31-4 of the Board of Governors of the F u n d. 22 USC 286e-le. " SEC. 25. The United States Governor of the F u n d is authorized to consent to an increase in the quota of the United States in the F u n d equivalent to 1,705 million Special D r a w i n g Rights. 22 USC 286e-6. " SEC. 26. The United States Governor of the F u n d is directed to vote against the establishment of a Council authorized under Article X II, Section 1 of the F u n d Articles of Agreement as amended, if under any circumstances the United States' vote in the Council would be less than its weighted vote in the F u n d. ". SEC. 2. Section 3 of the Bretton Woods Agreements Act (22 U.S.C. 286a) shall be amended as follows,: (1) section 3(c) shall be amended to read as follows: " (c) Should the provisions of Schedule D of the Articles of Agreement of the F u n d apply, the Governor of the F u n d shall also serve as councillor, shall designate an alternate for the councillor, and may designate associates."; (2) a new section 3(d) shall be added to read as follows: " (d) No person shall be entitled to receive any salary or other compensation from the United States for services as a Governor, executive director, councillor, alternate, or associate.". SEC. 3. The first sentence of section 5 of the Bretton Woods Agreements Act (22 U.S.C. 286c) is amended to read as follows: "Unless Congress by law authorizes such action, neither the President nor any person or agency shall on behalf of the United States (a) request or consent to any change in the quota of the United States under article III, section 2(a), of the Articles of Agreement of the F u n d; (b) propose a p a r value for the United States dollar under paragraph 2, paragraph 4, or paragraph 10 of schedule C of the Articles of Agreement of the F u n d; (c) propose any change in the p a r value of the United States dollar under paragraph 6 of schedule C of the Articles of Agreement of the F u n d, or approve any general change in p a r values under paragraph 11 of schedule C; (d) subscribe to additional shares of stock under article II, section 3, of the Articles of Agreement of the B a n k; (e) accept any amendment under article X X VII l of the Articles of Agreement of the F u n d or article VIII of the Articles of Agreement of the B a n k; (f) make any loan to the F u n d or the B a n k; (g) approve the establishment of any additional t r u s t fund, for the special benefit of a single member, or of a particular segment of the membership, of the Fund.".

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Page:United States Statutes at Large Volume 90 Part 2.djvu/1193

 PUBLIC LAW 94-564—OCT. 19, 1976 SEC. 4. The first sentence of section l7(a) of the Bretton Woods Agreements Act (22 U.S.C. 286e-2(a)) is amended to read as follows: "In order to carry out the purposes of the decision of January 5, 1962, of the Executive Directors of the International Monetary Fund, the Secretary of the Treasury is authorized to make loans, not to exceed $2,000,000,000 outstanding at any one time, to the Fund under article VII, section 1(i), of the Articles of Agreement of the Fund.". SEC. 5. The Special Drawing Eights Act (22 U.S.C. 286n-r) is amended by: (1) deleting "article X X IV " in section 3(a) and inserting in lieu thereof "article X VIII " • (2) deleting "article X X VI, article X X X, and article X X X I " in section 3(b), wherever it appears, and inserting in lieu thereof "article XX, article XXIV, and article X X V "; (3) deleting "article X X IV " in section 6 and inserting in lieu thereof "article X VIII "; (4) deleting "article X X VII (b)" in section 7 and inserting in lieu thereof "article X X I (b)". SEC. 6. Section 2 of the Par Value Modification Act (31 U.S.C. 449) is hereby repealed. SEC. T. Section 10(a) of the Gold Keserve Act of 1934 (31 U.S.C. 822a(a)) is amended to read as follows: "SEC. 10. (a) The Secretary of the Treasury, with the approval of the President, directly or through such agencies as he may designate, is authorized, for the account of the fund established in this section, to deal in gold and foreign exchange and such other instruments of credit and securities as he may deem necessary to and consistent with the United States obligations in the International Monetary Fund. The Secretary of the Treasury shall annually make a report on the operations of the fund to the President and to the Congress.". SEC. 8. Section 14(c) of the Gold Eeserve Act of 1934 (31 U.S.C. 405b) is amended to read as follows: "The Secretary of the Treasury is authorized to issue gold certificates in such form and in such denominations as he may determine, against any gold held by the United States Treasury. The amount of gold certificates issued and outstanding shall at no time exceed the value, at the legal standard provided in section 2 of the Par Value Modification Act (31 U.S.C. 449) on the date of enactment of this amendment, of the gold so held against gold certificates.". SEC. 9. The amendments made by sections 2, 3, 4, 5, 6, and 7 of this Act shall become effective upon entry into force of the amendments to the Articles of Agreement of the International Monetary Fund approved in Eesolution Numbered 31-4 of the Board of Governors of the Fund. Approved October 19, 1976. LEGISLATIVE HISTORY: HOUSE REPORT No. 94-1284 (Comm. on Banking, Currency, and Housing). SENATE REPORTS: No. 94-1148 (Comm. on Foreign Relations) and No. 94-1295 (Comm. on Banking, Housing and Urban Affairs). CONGRESSIONAL RECORD, Vol. 122 (1976): June 22, July 27, considered and passed House. Oct. 1, considered and passed Senate. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 12, No. 43: Oct. 21, Presidential statement.

90 STAT. 2661

60 Stat. 1401. 22 USC 286o.

22 USC 286q. 22 USC 286r. Repeal. ^1 USC 449.

22 USC 286a »"te.

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Page:United States Statutes at Large Volume 90 Part 2.djvu/1194

 90 STAT. 2662

PUBLIC LAW 94^565—OCT. 20, 1976

Public Law 94-565 94th Congress An Act Oct. 20. 1976 [H.R. 9719]

To provide for certain payments to be made to local governments by the Secretary of the Interior based upon the amount of certain public lands within the boundaries of such locality.

Be it enacted by the Senate and House of Representatives of the Local government United States of America in Congress assembled, That effective for units. fiscal years beginning on and after October i, 1976, the Secretary is Public lands, authorized and directed to make payments on a fiscal year basis to each payments. unit of local government in which entitlement lands (as defined in 31 USC 1601. section 6) are located. Such payments may be used by such unit for any governmental purpose. The amount of such payments shall be computed as provided in section 2. Amounts, SEC. 2. (a) The amount of any payment made for any fiscal year to detennination. a unit of local government under section 1 shall be equal to the greater 31 USC 1602. of the following amounts— (1) 75 cents for each acre of entitlement land located within the boundaries of such unit of local government (but not in excess of the population limitation determined under subsection (b)), reduced (but not below 0) by the aggregate amount of payments, if any, received by such unit of local government during the preceding fiscal year under all of the provisions specified m section 4, or (2) 10 cents for each acre of entitlement land located within the boundaries of such unit of local government (but not in excess of the population limitation determined under subsection(b)). In the case of any payment under a provision specified in section 4 which is received by a State, the Governor (or his delegate) shall submit to the Secretary a statement respecting the amount of such payment which is transferred to each unit of local government within the State. (b)(1) In the case of any unit of local government having a population of less than five thousand, the population limitation applicable to such unit of local government shall not exceed an amount equal to $50 multiplied by the population within the jurisdiction of such unit of local government. (2) In the case of any unit of local government having a population of five thousand or more, the population limitation applicable to such unit of local government shall not exceed the amount computed under the following table (using a population figure rounded off to the nearest thousand): Payment shall not exceed the If population amount computed by multiplyequals— ing such population by— 5,000 6,000 7,000 8,000 9,000. 10,000 11,000 12,000 13,000

$50. 00 47.00 44. 00 41.00 38.00 35.00 34.00 33.00 32.00

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Page:United States Statutes at Large Volume 90 Part 2.djvu/1195

 PUBLIC LAW 94-565—OCT. 20, 1976 If population equals— 14,000 15,000 16,000 17,000 18,000 19,000 20,000 21,000 22,000 23,000 24,000 25,000 26,000 27,000 28,000 29,000 30,000 31,000 32,000 33,000 34,000 35,000 36,000 37,000 38,000 39,000 40,000 41,000 42,000 43,000 44,000 45,000 46,000 47,000 48,000 49,000 50,000

..

90 STAT. 2(S63

Payment shall not exceed the amount computed by multiplying such population by— 31,00, 30,00 29.50 29.00 28. 50 28,00 27.50 27.20 26.90 26.60 26.30 26.00 25.80 25.60 25.40 25,20 , 25, 00 24,75 24,50 24.25 24.00 23.75 23,50 23.25 23.00 22.75 22. 50 22,25 22.00 21.75 21.50 21.25 21.00 20.75 20.50 20,25 20.00

For the purpose of this computation no unit of local government shall be credited with a population greater than fifty thousand. (c) For purposes of this section, "population" shall be determined on the same basis as resident population is determined by the Bureau of the Census for general statistical purposes. (d) In the case of a smaller unit of local government all or part of which is located within another unit of local government, entitlement lands which are within the jurisdiction of both such units shall be treated for purposes of this section as only within the jurisdiction of such smaller unit. SEC. 3. (a) In the case of any land or interest therein, acquired by the United States (i) for the Redwood National Park pursuant to the Act of October 2, 1968 (82 Stat. 931) or (ii) acquired for addition to the National Park System or National Forest Wilderness Areas after December 31, 1970, which was subject to local real property taxes within the five years preceding such acquisition, the Secretary is authorized and directed to make payments to counties within the jurisdiction of which such lands or interests therein are located, in addition to payments under section 1. The counties, under guidelines established by the Secretary, shall distribute the payments on a proportional basis to those units of local governme^^t and affected school districts which have incurred losses o f real property taxes due to the acquisition of lands or interests therein f<^addition to either such system. In those cases in which another unit of local government other

Payments to counties. 31 USC 1603,

Distribution guidelines.

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Page:United States Statutes at Large Volume 90 Part 2.djvu/1196

 90 STAT. 2664

PUBLIC LAW 94-565-~0CT. 20, 1976

than the county acts as the collecting and distributing agency for real property taxes, the payments shall be made to such unit of local government, which shall distribute such payments as provided in this Regulations. subsection. The Secretary may prescribe regulations under which payments may be made to units of local government in any case in which the preceding provisions will not carry out the purposes of this subsection. (b) Payments authorized under this section shall be made on a fiscal year basis beginning with the later of— (1^ the fiscal year beginning October 1, 1976, or (2) the first full fiscal year beginning after the fiscal year in which such lands or interests therein are acquired by the United States. Such payments may be used by the affected local governmental unit for any governmental purpose. (c)(1) The amount of any payment made for any fiscal year to any unit of local government and affected school districts under subsection (a) shall be an amount equal to 1 per centum of the fair market value of such lands and interests therein on the date on which acquired by Rezoned land. the United States. If, after the date of enactment of legislation authorizing any unit of the National Park System or National Forest Wilderness Areas as to which a payment is authorized under subsection (a), rezoning increases the value of the land or any interest therein, the fair market value for the purpose of such payments shall be computed as if such land had not been rezoned. Payment (2) Notwithstanding paragraph (1), the payment made for any limitation. fiscal year to a unit of local government under subsection (a) shall not exceed the amount of real property taxes assessed and levied on such property during the last full fiscal year before the fiscal year in which such land or interest was acquired for addition to the National Park System or National Forest Wilderness Areas. (d) No payment shall be made under this section with respect to any land or interest therein after the fifth full fiscal year beginning after the first fiscal year in which such a payment was made with respect to such land or interest therein. 31 USC 1604. SEC. 4. The provisions of law referred to in section 2 are as follows: (1) the Act of May 23, 1908, entitled "An Act making appropriations for the Department of Agriculture for the fiscal year ending June thirtieth, nineteen hundred and nine" (35 Stat. 251; 16 U.S.C.500); (2) the Act of June 20, 1910, entitled '|An Act to enable the people of New Mexico to form a constitution and State government and be admitted into the Union on an equal footing with the original States, and to enable the people of Arizona to form a constitution and State government and be admitted into the Union on an equal footing with the original States" (36 Stat. 557); (3) section 35 of the Act of February 25, 1920, entitled "An Act to promote the mining of coal, phosphate, oil, oil shale, gas, and sodium on the public domain", commonly known as the "Mineral Lands Leasing Act" (41 Stat. 450; 30 U.S.C. 191); (4) section 17 of the Federal Power Act (41 Stat. 1072: 16 U.S.C. 810); (5) section 10 of the Taylor Grazing Act (48 Stat. 1273; 43 U.S.C. 315i); (6) section 33 of the Bankhead-Jones Farm Tenant Act (50 Stat. 526; 7 U.S.C. 1012);

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 PUBLIC LAW 94-565—OCT. 20, 1976

90 STAT. 2665

(7) section 5 of the Act entitled "To safeguard and consolidate certain areas of exceptional public value within the Superior National Forest, State of Minnesota, and for other purposes", approved June 22, 1948 (62 Stat. 570; 16 U.S.C. 577g); (8) section 5 of the Act entitled "An Act to amend the Act of June 22, 1948 (62 Stat. 568) and for other purposes" approved June 22, 1956 (70 Stat. 366; 16 U.S.C. 577g-l); (9) section 6 of the Mineral Leasing Act for Acquired Lands (61 Stat. 915; 30 U.S.C. 355); and (10) section 3 of the Materials Disposal Act (61 Stat. 681; 30 U.S.C. 603). SEC. 5. (a) No unit of local government which receives any payment Eligibility. with respect to any land under the Act of August 28, 1937 (50 Stat. 31 USC 1605. 875), or the Act of May 24, 1939 (53 Stat. 753), during any fiscal year shall be eligible to receive any payment under this Act for such fiscal year with respect to such land. Nothing in this Act shall be construed to apply to the Act of August 28, 1937 (50 Stat. 875), or the Act of May 24, 1939 (53 Stat. 753). (b) If the total payment by the Secretary to any county or unit of local government under this Act would be less than $100, such payment shall not be made. Definitions. SEC. 6. As used in this Act, the term— (a) "entitlement lands" means lands owned by the United 31 USC 1606. States that are— (1) within the National Park System, the National Forest Sjstem, including wilderness areas within each, or any combination thereof, including, but not limited to, lands described in section 2 of the Act referred to in paragraph (7) of section 4 of this Act (16 U.S.C. 577d) and the first section of the Act referred to in paragraph (8) of this Act (16 U.S.C. 577d-l); (2) administered by the Secretary of the Interior through the Bureau of Land Management; (3) dedicated to the use of water resource development projects of the United States; (4) nothing in this section shall authorize any payments to any unit of local government for any lands otherwise entitled to receive payments pursuant to subsection (a) of this section if such lands were owned and/or administered by a State or local unit of government and exempt from the payment of real estate taxes at the time title to such lands is conveyed to the United States; or (5) dredge disposal areas owned by the United States under the jurisdiction of the Army Corps of Engineers; (b) "Secretary" means the Secretary of the Interior; and (c) "unit of local government" means a county, parish, township, municipality, borough existing in the State of Alaska on the date of enactment of this Act, or other unit of government below the State which is a unit of general government as determined by the Secretary (on the basis of the same principles as are used by the Bureau of the Census for general statistical purposes). Such term also includes the Commonwealth of Puerto Rico, Guam, and the Virgin Islands. SEC. 7. There are authorized to be appropriated for carrying out the Appropriation authorization.

31 USC 1607.

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 90 STAT. 2666

PUBLIC LAW 94-565—OCT. 20, 1976 provisions of this Act such sums as may be necessary: Provided, That, notwithstanding any other provision of this Act no funds may be made available except to the extent provided in advance in appropriation Acts. Approved October 20, 1976.

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-1106 (Coram, on Interior and Insular Affairs). SENATE REPORT No. 94-1262 (Coram, on Interior and Insular Affairs). CONGRESSIONAL RECORD, Vol. 122 (1976): Aug. 5, considered and passed House. Oct. 1, considered and passed Senate.

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 PUBLIC LAW 94-566—OCT. 20, 1976

90 STAT. 2(>67

Public Law 94-566 94th Congress An Act To require States to extend unemployment compensation coverage to certain previously uncovered vporkers; to increase the amount of the wages subject to the Federal unemployment tax; to increase the rate of such tax; and for other purposes.

Oct. 20. 1976 [H.R. 10210]

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

Compensation Amendments of This Act may be cited as the "Unemployment Compensation Amend- 1976. 26 USC 3304 ments of 1976". note. SECTION 1. SHORT TITLE

TITLE I—EXTENSION OF COVERAGE PROVISIONS PART I—GENERAL PROVISIONS SEC. 111. COVERAGE OF CERTAIN AGRICULTURAL EMPLOYMENT (a) NONCASH REMUNERATION.—Section 3306(b) of the Internal

Revenue Code of 1954 (defining wages) is amended by striking out "or" at the end of paragraph (9), by striking out the period at the end of paragraph (10) and inserting in lieu thereof "; or", and by adding at the end thereof the following new paragraph: "(11) remuneration for agricultural labor paid in any medium other than cash.". (b) COVERAGE OF AGRICULTURAL LABOR.—Paragraph (1) of section 3306(c) of such Code (defining employment) is amended to read as follows: "(1) agricultural labor (as defined in subsection (k)) unless— "(A) such labor is performed for a person who— "(i) during any calendar quarter in the calendar year or the preceding calendar year paid remuneration in cash of $20,000 or more to individuals employed in agricultural labor (not taking into account labor performed before January 1, 1980, by an alien referred to in subparagraph (B)), or "(ii) on each of some 20 days during the calendar year or the preceding calendar year, each day being in a different calendar week, employed in agricultural labor (not taking into account labor performed before January 1, 1980, by an alien referred to in subparagraph (B)) for some portion of the day (whether or not at the same moment of time) 10 or more individuals; and "(B) such labor is not agricultural labor performed before January 1, 1980, by an individual who is an alien admitted to the United States to perform agricultural labor pursuant to sections 214(c) and 101(a) (15)(H) of the Immigration and Nationality Act;". (c) EFFECTIVE DATE.—The amendments made by this section shall apply with respect to remuneration paid after December 31, 1977, for services performed after such date.

26 USC 3306.

8 USC 1184, 1101. 26 USC 3306 note.

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 90 STAT. 2668

26 USC 3306.

PUBLIC LAW 94-566—OCT. 20, 1976 SEC. 112. TREATMENT OF CERTAIN FARMWORKERS. (a) GJE,NEKAII RULE.—Section 3306 of the I n t e r n a l Revenue Code of 1954 (relating to definitions) is amended by a d d i n g at the end thereof the following new subsection: " (o) SPECIAL RULE I N CASE OF CERTAIN AGRICULTURAL W O R K E R S. — " (1) CREW LEADERS W H O ARE REGISTERED OR PROVIDE SPECIALIZED

7 USC 2041 note.

AGRICULTURAL LABOR.—For purposes of this chapter, any individual w h o is a member of a crew furnished by a crew leader to perform agricultural labor for any other person shall be treated as an employee of such crew leader— " (A) if— " (i) such crew leader holds a valid certificate of registration under the F a r m Labor Contractor Registration Act of 1963; or " ( i i) substantially all the members of such crew operate or m a i n t a i n tractors, mechanized harvesting or cropdusting equipment, or any other mechanized equipment, which is provided by such crew leader; and " (B) if such individual is not an employee of such other person within the meaning of subsection (i). " (2) OTHER CREW LEADERS.—For purposes of t h i s chapter, in

26 USC 3306 note.

the case of any individual who is furnished by a crew leader to perform agricultural labor for any other person and who is not treated as an employee of such crew leader under paragraph (1) — " (A) such other person and not the crew leader shall be treated as the employer of such i n d i v i d u a l; and " (B) such other person shall be treated as h a v i n g paid cash remuneration to such individual in an amount equal to the amount of cash remuneration p a i d to such individual by the crew leader (either on his behalf or on behalf of such other person) for the agricultural labor performed for such other person. " (3) CREW LEADER.—For purposes of this subsection, the term 'crew leader' means an individual who— " (A) furnishes individuals to perform agricultural labor for any other person, " (B) pays (either on his behalf or o n behalf of such other person) the individuals so furnished by him for the agricult u r a l labor performed by them, and " (C) has not entered into a written agreement with such other person under which such individual is designated as an employee of such other person.". (b) EFFECTIVE DATE.—The amendment made by subsection (a) shall apply with respect to remuneration paid after December 31, 1977, for services performed after such date. SEC. 113. COVERAGE OF DOMESTIC SERVICE. (a) GENERAL RULE. — Paragraph (2) of section 3306(c) of the I n t e r n a l Revenue Code of 1954 (defining employment) is amended to read as follows: " (2) domestic service in a private home, local college club, or local chapter of a college fraternity or sorority unless performed for a person who paid cash remuneration of $1,000 or more to individuals employed in such domestic service in any calendar quarter in the calendar year or the preceding calendar year;".

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 PUBLIC LAW 94-566—OCT. 20, 1976 (b) EFFECTIVE D A T E. — The amendment made by subsection (a) shall apply with respect to remuneration paid after December 31, 1977, for services performed after such date. SEC. 114. DEFINITION OF EMPLOYER. (a) GENERAL RULE.—Subsection (a) of section 3306 of the I n t e r n a l Revenue Code of 1954 (defining employer) is amended to read as follows: " (a) EMPLOYER.—For purposes of this chapter— " (1) IN GENERAL.—The term 'employer' means, with respect to any calendar year, any person who— " (A) during any calendar quarter in the calendar year or the preceding calendar year paid wages of $1,500 or more, or " (B) on each of some 20 days during the calendar year or during the preceding calendar year, each day being in a different calendar week, employed a t least one individual in employment for some portion of the day. For purposes of this paragraph, there shall not be taken into account any wages paid to, or employment of, an employee performing domestic services referred to in paragraph (3). " (2) AGRICULTURAL LABOR.—In the case of agricultural labor, the term 'employer' means, with respect to any calendar year, any person who— " (A) during any calendar quarter in the calendar year or the preceding calendar year paid wages of $20,000 or more for agricultural labor, or " (B) on each of some 20 days during the calendar year or during the preceding calendar year, each day being in a different calendar week, employed at least 10 individuals in employment in agricultural labor for some portion of the day. " (3) DOMESTIC SERVICE.—In the case of domestic service in a private home, local college club, or local chapter of a college fraternity or sorority, the term 'employer' means, with respect to any calendar year, any person who during any calendar quarter in the calendar year or the preceding calendar year paid wages in cash of $1,000 or more for such service. " (4) SPECIAL RULE.—A person treated as an employer under paragraph (3) shall not be treated as an employer with respect to wages paid for any service other than domestic service referred to in paragraph (3) unless such person is treated as an employer under paragraph (1) or (2) with respect to such other service." (b)

TECHNICAL AMENDMENT.^—Subsection (a) of section 6167 of

90 STAT. 2669 26 USC 3306 no*®-

26 USC 3306. "Employer."

26 USC 6157.

such Code (relating to payment of Federal unemployment tax on quarterly or other time period basis) is amended to read as follows: " (a) GENERAL RULE. — E v e r y person who for the calendar year is an employer (as defined in section 3 3 0 6 (a)) shall— " (1) if the person is such an employer for the preceding calendar year (determined by only taking into account wages paid and employment during such preceding calendar year), compute the tax imposed by section 3301 for each of the first 3 calendar 26 USC 3301. quarters in the calendar year on wages paid for services with respect to which the person is such an employer for such preceding calendar year (as so determined), and " (2) if the person is not such an employer for the preceding calendar year with respect to any services (as so determined), compute the tax imposed by section 3301 on wages paid for serv-

89-194 O—78—pt. 2

76

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 90 STAT. 2670

Regulations.

26 USC 3306 °*'*®'

26 USC 3309. 26 USC 3306.

PUBLIC LAW 94-566—OCT. 20, 1976 ices w i t h respect to which the person is not such an employer for the preceding calendar ^^ear (as so determined) — " (A) for the period beginning with the first day of the calendar year and ending with the last day of the calendar quarter (excluding the last calendar quarter) in which such person becomes such an employer w i t h respect to such services, and " (B) for the t h i r d calendar quarter of such year, if the period specified in subparagraph (A) includes only the first two calendar quarters of the calendar year. The tax for any calendar quarter or other period shall be computed as provided in subsection (b) and the tax as so computed shall, except as otherwise provided m subsections (c) and (d), be paid in such manner and at such time as may be provided in regulations prescribed by the Secretary." (g) EFFECTIVE D A T E. — The amendments made by this section shall apply with respect to remuneration p a i d after December 31, 1977, for services performed after such date. SEC. 115. COVERAGE OF CERTAIN SERVICE PERFORMED FOR NONPROFIT ORGANIZATIONS AND FOR STATE AND LOCAL GOVERNMENTS. (a) GENERAL RULE. — Subparagraph (B) of section 3309(a)(1) of the I n t e r n a l Revenue Code of 1954 (relating to State law requirements) is amended to read as follows: " (B) service excluded from the term 'employment' solely by reason of paragraph (7) of section 3306(c); and". (b)

EXCLUSION OF CERTAIN GOVERNMENT E M P L O Y E E S. —

(1) CERTAIN EMPLOYEES.—Paragraph (3) of section 3309(b) of such Code (relating to certain services to which section 3309 does not apply) is amended to read as follows: " (3) in the employ of a governmental entity referred to in paragraph (7) of section 3306(c), if such service is performed by an individual in the exercise of his duties— " (A) as an elected official; " (B) as a member of a legislative body, or a member of the judiciary, of a State or political subdivision thereof; " (C) as a member of the State National G u a r d or A i r National G u a r d; " (D) as an employee serving on a temporary basis in case of fire, storm, snow, earthquake, flood, or similar emergency; or " (E) in a position which, under or pursuant to the State law, is designated as (i^ a major nontenured policymaking or advisory position, or (ii) a policymaking or advisory position the performance of the duties of which ordinarily does not require more than 8 hours per week;". (2) I N M A T E S. — Paragraph (6) of such section 3309(b) is amended to read as follows: " (6) by an inmate of a custodial or penal institution.". (c)

26 USC 3304.

TECHNICAL ADJUSTMENTS.—

(1) Subparagraph (A) of section 3304(a)(6) of such Code is amended by striking out "except that " and all that follows down through ", and " at the end thereof and inserting in lieu thereof the following: "except that — " (i) with respect to services in an instructional research, or principal administrative capacity for an educational insti-

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 PUBLIC LAW 94-566—OCT. 20, 1976 tution to which section 3 3 0 9 (a)(1) applies, compensation shall not be payable based on such services for any week commencing during the period between two successive academic years (or, when an agreement provides instead for a similar period between two regular but not successive terms, during such period) to any individual if such individual performs such services in the first of such academic years (or terms) and if there is a contract or reasonable assurance that such individual will perform services in any such capacity for any educational institution in the second of such academic years or terms, and " ( i i) with respect to services in any other capacity for an educational institution (other than an institution of higher education) to which section 3 3 0 9 (a)(1) applies, compensation payable on the basis of such services may be denied to any individual for any week which commences during a period between two successive academic years or terms if such individual performs such services in the first of such academic years or terms and there is a reasonable assurance that such individual will perform such services in the second of such academic years or terms, and". (2) Subsection (d) of section 3309 of such Code is hereby repealed. (3) The section heading of section 3309 of such Code is amended to read as follows: • SEC. 3309. STATE LAW COVERAGE OF SERVICES PERFORMED FOR NONPROFIT ORGANIZATIONS OR GOVERNMENTAL ENTITIES.". (4) The table of sections for chapter 23 of such Code is amended by striking out the item relating to section 3309 and inserting in lieu thereof the following: "Sec. 3309. State law coverage of services performed for nonprofit organizations or governmental entities.". (5) Section 3304 of such Code is amended by adding at the end thereof the following new subsection: "(f)

90 STAT. 2671 26 USC 3309.

Repeal. 26 USC 3309.

26 USC 3304.

DEFINITION OF INSTITUTION OF H I G H E R E D U C A T I O N. — For p u r -

poses of subsection (a)(6), the term 'institution of higher education' means an educational institution in any State which— " (1) admits as regular students only individuals having a certificate of graduation from a high school, or the recognized equivalent of such a certificate; " (2) is legally authorized within such State to provide a program of education beyond high school; " (3) provides an educational program for it which awards a bachelor's or higher degree, or provides a program which is acceptable for full credit toward such a degree, or offers a program of t r a i n i n g to prepare students for gainful employment in a recognized occupation; and " (4) is a public or other nonprofit institution." (d) EFFECTIVE DATE.—The amendments made by this section shall apply with respect to certifications of States for 1978 and subsequent years, but only with respect to services performed after December 31, 1977.

"Institution of higher education. "

26 USC 3304 note.

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 9 0 STAT. 2672

PUBLIC LAW 94-566—OCT. 20, 1976 SEC. 116. EXTENSION OF FEDERAL UNEMPLOYMENT COMPENSATION LAW TO THE VIRGIN ISLANDS. (a) AMENDMENT OF THE SOCIAL SECURITY ACT. — Paragraph

42 USC 1301 42 USC 501, 1101, 1321.

26 USC 3306.

Definitions.

(1)

of section 1101(a) of the Social Security Act is amended by inserting after the first sentence the following new sentence: "Such term when used in titles III, IX, and X II also includes the Virgin Islands.". (b) AMENDMENTS o r THE INTERNAL REVENUE CODE o r 1954.—

(1) Section 3306(c) of the I n t e r n a l Revenue Code of 1954 (defining employment) is amended by striking out "or in the Virgin Islands " in the portion of such section which precedes paragraph (1) thereof. (2) Section 3306(j) of such Code is amended to read as follows: " (j) STATE, UNITED STATES, AND AMERICAN E M P L O Y E R. — For p u r -

poses of this chapter— " (1) STATE.—The term 'State' includes the District of Columbia, the Commonwealth of P u e r to Rico, and the Virgin Islands. " (2) UNITED STATES.—The term 'United States' when used in a geographical sense includes the States, the District of Columbia, the Commonwealth of P u e r to Rico, and the Virgin Islands. " (3) AMERICAN EMPLOYER.—The term 'American employer' means a person who is— " (A) an individual who is a resident of the United States, " (B) a partnership, if two-thirds or more of the part n e r s are residents of the United States, " (C) a trust, if all of the trustees are residents of the United States, or " (D) a corporation organized under the laws of the United States or of any State. A n individual who is a citizen of the Commonwealth of P u e r to Rico or the Virgin Islands ( b u t not otherwise a citizen of the United States) shall be considered, for purposes of this section, as a citizen of the United States.". (c)

AMENDMENT RELATING TO THE FEDERAL EMPLOYMENT

SERV-

ICE.—Section 5(b) of the Act entitled " A n Act to provide for the establishment of a national employment system and for cooperation with the States for the promotion of such system, and for other purposes", approved June 6, 1933 (29 U.S.C. 4 9 d (b)), is amended by striking out " G u a m and the Virgin Islands " and inserting in lieu thereof " G u a m ". (d) AMENDMENTS RELATING TO EXTENDED AND EMERGENCY B E N E FITS.—

26 USC 3304 note. 26 USC 3304 note.

26 USC 3304 note.

(1) Section 202(a)_(l) of the Federal-State E x t e n d e d Unemployment Compensation Act of 1970 is amended by striking out "the Virgin Islands or". (2) Paragraph (8) of section 205 of the Federal-State Extended Unemployment Compensation Act of 1970 is amended to read as follows: " (8) The term ' State ' includes the District of Columbia, the Commonwealth of P u e r to Rico, and the V i r g i n Islands.". (3) Section 1 0 2 (b)(1)(C) of the Emergency Unemployment Compensation Act of 1974 is amended by striking out " the Virgin Islands or". (e) AMENDMENTS RELATING TO FEDERAL UNEMPLOYMENT C O M P E N SATION.—

(1) Paragraph (6) of section 8501 of title 5, United States Code, is amended to read as follows:

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 PUBLIC LAW 94-566—OCT. 20, 1976

90 STAT. 2673

" (6) 'State' means the several States, the District of Columbia, the Coinmonwealth of P u e r to Kico, and the Virgin Islands; and". (2) Section 8503 of title 5, United States Code is amended— (A) by striking out subsections (b) and (d); (B) by redesignating subsection (c) as subsection (b); and (C) by striking out "subsection (a) or (b) " in subsection (b) (as so redesignated) and inserting in lieu thereof "subsection (a) ". (.3) Section 8504 of title 5, United States Code, is amended— (A) by adding " and " at the end of paragraph (1); (B) by striking out "; and " at the end of paragraph (2) and inserting in Reu thereof a period; and (C) by striking out paragraph (3). (4) Paragraph (3) of section 8521 of title 5 United States Code, is amended to read as follows: " (3) ' State ' means the several States, the District of Columbia, the Commonwealth of P u e r to Rico, and the V i r g i n Islands." (5) Section 8522 of title 5, United States Code, is amended by striking out "or to the Virgin Islands, as the case may be,". (f) EFFECTIVE D A T E S. —

(1) SUBSECTIONS (a), (c), AND (d). — The amendments made by subsections (a), (c), and (d) shall take effect on the later of October 1, 1976, or the day after the day on which the Secretary of Labor approves under section 3304(a) of the I n t e r n a l Revenue Code of 1954 an unemployment compensation law submitted to him by the Viro^in Islands for approval. (2) SUBSECTION (b).—The amendments made by subsection (b) shall apply with respect to remuneration paid after December 31 of the year in which the Secretary of Labor approves for the first time an unemployment compensation law submitted to him by the Virgin Islands for approval, for services performed after such December 31. (3) SUBSECTION (e).—The amendments made by subsection (e) shall apply with respect to benefit years beginning on or after the later of October 1, 1976, or the first day of the first week for which compensation becomes payable under an unemployment compensation law of the Virgin Islands which is approved by the Secretary of Labor under section 3304(a) of the I n t e r n a l Revenue Code of 1954. (g) TRANSFER OF F U N D S. — The Secretary of Labor shall not approve an unemployment compensation law of the Virgin Islands under section 3304(a) of the I n t e r n a l Revenue Code of 1954 until the Governor of the Virgin Islands has approved the transfer to the Federal Unemployment T r u s t F u n d established by section 904 of the Social Security Act of an amount equal to the dollar balance credited to the unemployment subfund of the V i r g i n Islands established under section 310 of title 24 of the Virgin Islands Code.

26 USC 3304

note,

26 USC 3304.

26 USC 3304 "°*®'

42 USC 1104.

PART II—TRANSITIONAL PROVISIONS SEC. 121. FEDERAL REIMBURSEMENT FOR BENEFITS PAID TO NEWLY 26 USC 3304 COVERED WORKERS DURING TRANSITION PERIOD. note, (a) GENERAL RULE. — I f any State, the unemployment compensation law of which is approved by the Secretary under section 3304(a) of the I n t e r n a l Revenue Code of 1954, provides for the payment of compensation for any week of unemployment beginning on or after January 1, 1978, on the basis of previously uncovered services, the

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 90 STAT. 2674

PUBLIC LAW 94-566—OCT. 20, 1976 Secretary shall p a y to the unemployment fmid of such State a n amount equal to the Federal reimbursement for any compensation paid for a week of unemployment beginning on or after January 1, 1978, to any individual whose base period wages include wages for previously uncovered services.

"Previously uncovered

26 USC 3306.

26 USC 3309.

(b) PREVIOUSLY UNCOVERED SERVICES.—For purposes of t h i s sec-

tion, the term "previously uncovered services" means, with respect to any State, services— (1) which were not covered by the State unemployment compensation law, a t any time, during the 1-year period ending December 31, 1975; and (2) which— (A) are agricultural labor (as defined in section 3306(k) of the I n t e r n a l Revenue Code of 1954) or domestic services referred to i n section 3306(c)(2) of such Code (as in effect on the d a y before the date of the enactment of this Act) and are treated as employment (as defined in section 3306 (c) of such Code) by reason of the amendments made by this Act, or (B) are services to which section 3 3 0 9 (a)(1) of such Code applies by reason of the amendments made by this Act. (c) FEDERAL REIMBURSEMENT. —

(1) IN GENERAL.—For purposes of this section, the Federal reimbursement for compensation paid to any individual for any week of unemployment shall be an amount which bears the same ratio to the amount of such compensation as the amount of the individual's base period wages which are attributable to previously uncovered services which are reimbursable bears to the total amount of the individual's base period wages. (2) REIMBURSABLE SERVICES.—For purposes of determining the

26 USC 3304 note.

amount of the Federal reimbursement for compensation paid to any individual for any week of unemployment, previously uncovered services shall be treated as being reimbursable— (A) if such services were performed— (i) before July 1, 1978, in the case of a week of unemployment beginning before July 1, 1978; or (ii) before January 1, 1978, in the case of a week of unemployment beginning after July 1, 1978; and (B) to the extent that assistance under title II of the Emergency Jobs and Unemployment Assistance Act of 1974 was not paid to such individual on the basis of such services. (3) D E N I A L OF PAYMENT.—No payment may be m a d e under

26 USC 3304 notes. 26 USC 3303.

subsection (a) to any State in respect of any compensation for which the State is entitled to any reimbursement under the provisions of any Federal law other than this Act or the FederalState Extended Unemployment Compensation Act of 1970. (d) EXPERIENCE R A T I N G o r CERTAIN EMPLOYERS.—The unemploy-

ment compensation law of any State may, without being deemed to violate the standards set forth in section 3303(a) of the I n t e r n a l Revenue Code of 1954, provide that the experience-rating account of any employer shall not be charged for the compensation paid to any individual whose base period wages includes wages for previously uncovered services which are reimbursable under subsection (c)(2) to the extent that such individual would not have been eligible to receive such compensation had the State law not provided for the pay-

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 PUBLIC LAW 94-566—OCT. 20, 1976

90 STAT. 2675

ment of compensation on the basis of such previously uncovered services. (e) CERTAIN NONPROFIT E M P L O Y E R S. — The unemployment compen-

sation law of any State may provide that any organization which elects to make payments (in lieu of contributions) into the State unemployment compensation fund as provided in section 3 3 0 9 (a)(2) of the I n t e r n a l Revenue Code of 1954 shall not be liable to make such pay- 26 USC 3309. ments with respect to the compensation paid to any individual whose base period wages includes wages for previously uncovered services which are reimbursable under subsection (c)(2) to the extent that such individual would not have been eligible to receive such compensation h a d the State not provided for the payment of compensation on the basis of such previously uncovered services. (f)

P A Y M E N T S MADE M O N T H L Y. — Payments under subsection

(a)

shall be made monthly, prior to audit or settlement by the General Accounting Office, on the basis of estimates by the Secretary of the amount payable to such State for such month, reduced or increased, as the case may be, by any amount by which the Secretary finds that his estimates for any prior month were greater or less than the amounts which should have been p a i d to such State. Such estimates may be made on the basis of such statistical, sampling, or other methods as may be agreed upon by the Secretary and the State. (g) DEFINITIONS. — For purposes of this section— (1) STATE.—The term " State " includes the District of Columbia, the Commonwealth of P u e r to Rico, and the Virgin Islands. (2) SECRETARY.—The term "Secretary" means the Secretary of Labor. (3) B E N E F I T YEAR.—The term "benefit year " means the benefit year as defined in the applicable State unemployment compensation law. (4) BASE PERIOD.—The term "base period" means the base period as defined by the applicable State unemployment compensation law for the benefit year. (5) UNEMPLOYMENT F U N D. — The term " unemployment

fund"

has the meaning given to such term by section 3306(f) of the I n t e r n a l Revenue Code of 1954. 26 USC 3306. (h) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to

be appropriated from the general fund of the Treasury such sums as may be necessary to carry out the purposes of this section. SEC. 122. TRANSITIONAL RULES IN CASE OF NONPROFIT ORGANIZATIONS. (a) CREDIT FOR PRIOR CONTRIBUTIONS.—Section 3303 of the I n t e r n a l

Revenue Code of 1954 (relating to conditions of additional credit 26 USC 3303. allowance) is amended by a d d i n g a t the end thereof the following new subsection: "(g)

TRANSITIONAL

RULE

FOR UNEMPLOYMENT

COMPENSATION

AMENDMENTS OF 1976.—To facilitate the orderly transition to coverage of service to which section 3309(a)(1)(A) applies by reason of the enactment of the Unemployment Compensation Amendments of 1976, Ante, p. 2667, a State law may provide that an organization (or g r o u p of organizations) which elects, when such election first becomes available under the State law with respect to such service, to make payments (in lieu of contributions) into the State unemployment fund as provided in section 3 3 0 9 (a)(2), and which h a d paid contributions into such fund under the State law with respect to such service performexi in its employ before the date of the enactment of this subsection, is not

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 90 STAT. 2676

26 USC 3309.

26 USC 3303.

26 USC 3303 °"*^-

PUBLIC LAW 94-566—OCT. 20, 1976 required to make any such payment (in lieu of contributions) on account of compensation paid after its election as heretofore described which is attributable under the State law to such service performed in its employ, until the total of such compensation equals the amount— " (1) by which the contributions paid by such organization (or g r o u p) on the basis of wages for such service with respect to a period before the election provided by section 3309(a)(2), exceed " (2) the unemployment compensation for the same period which was charged to the experience-rating account of such organization (or g r o u p) or p a i d under the State law on the basis of such service performed in its employ or wages paid for such service, whichever is appropriate.". (b) TECHNICAL AMENDMENT.—Section 3303(f) of such Code (relating to transition to coverage of certain services) is amended by striking out "which elects, when such election first becomes available under the State law," and inserting i n lieu thereof "which elects before April 1, 1972,". (c) EFFECTIVE DATES.—The amendment made by subsection (a) shall take effect on the date of the enactment of this Act. The amendment made by subsection (b) shall take effect on January 1, 1970.

TITLE II—FINANCING PROVISIONS SEC. 211. INCREASE IN FEDERAL UNEMPLOYMENT TAX WAGE BASE AND RATE. (a) INCREASE I N W A G E B A S E. — Paragraph (1) of section 3306(b)

26 USC 3306. 26 USC 3301.

42 USC 1105.

of the I n t e r n a l Revenue Code of 1954 (defining wages) is amended by striking out "$4,200" each place i t appears and inserting i n lieu thereof "$6,000". (b) INCREASE I N T A X RATE.—Section 3301 of such Code (relating to rate of Federal unemployment tax) is amended to read as follows: "SEC. 3301. RATE OF TAX. "There is hereby imposed on every employer (as defined in section 3306(a)) for each calendar year an excise tax, with respect to h a v i n g individuals in his employ, equal to— " (1) 3.4 percent, in the case of a calendar year beginning before the first calendar year after 1976, as of January 1 of which there is not a balance of repayable advances made to the extended unemployed compensation account (established by section 905(a) of the Social Security Act); or " (2) 3.2 percent, in the case of such first calendar year and each calendar year thereafter; of the total wages (as defined in section 3306(b)) p a i d by him during the calendar year with respect to employment (as defined i n section 3306(c)).". (e) T E C H N I C A L AMENDMENTS. —

42 USC 1101.

26 USC 3301.

(1) Subparagraph (C) of section 9 0 1 (c)(3) of the Social Security Act is amended to read as follows: " (C) E a c h estimate of n e t receipts under this paragraph shall be based upon (i) a tax rate of 0.5 percent in the case of any calendar year for which the rate of tax under section 3301 of the Federal Unemployment T a x Act is 3.2 percent, and (ii) a tax rate of 0.7 percent in the case of any calendar year for which the rate of tax under such section 3301 is 3.4 percent.".

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(2) The last sentence of section 9 0 5 (b)(1) of such Act is 42 USC 1105. amended to read as follows: " I n the case of any month after March 1977 and before April of the first calendar year to which paragraph (2) of section 3301 of the Federal Unemployment T a x Act applies, the first sentence of this paragraph shall be applied 26 USC 3301. by substituting 'five-fourteenths' for 'one-tenth'.". (3) The last sentence of section 6157(b) of the I n t e r n a l Revenue Code of 1954 is amended to read as follows: " I n the case of 26 USC 6157| wages p a i d in any calendar quarter or other period during a calendar year to which paragraph (1) of section 3301 applies, the amount of such wages shall be multiplied by 0.7 percent in lieu of 0.5 percent.", (d)

EFFECTIVE D A T E S. —

(1) SUBSECTION (a). — The amendment made by subsection (a) shall apply to remuneration paid after December 31, 1977. (2) SUBSECTION (b). — The amendment made by subsection (b) shall a p p l y to remuneration p a i d after December 31, 1976. (3) SUBSECTION (c).—The amendments made by subsection (c) shall take effect on the date of the enactment of this Act. SEC. 212. DENIAL OF CERTAIN PAYMENTS UNDER THE EXTENDED UNEMPLOYMENT COMPENSATION PROGRAM. (a) IN GENERAL.—Subsection (a) of section 204 of the FederalState Extended Unemployment Compensation Act of 1970 is amended by a d d i n g at the end thereof the following new paragraph: " (4) The amount which, but for this paragraph, would be payable under this subsection to any State in respect of any compensation p a i d to an individual whose base period wages include wages for services to which section 3306(c)(7) of the I n t e r n a l Revenue Code of 1954 applies shall be reduced by a n amount which bears the same r a t i o to the amount which, but for this paragraph, would be payable under this subsection to such State in respect of such compensation as the amount of the base period wages attributable to such services bears to the total amount of the base period wages.". (b) EFFECTIVE D A T E. — The amendment m a d e by this section shall apply with respect to compensation paid for weeks of unemployment beginning on or after January 1, 1979. SEC. 213. ADVANCES TO STATE UNEMPLOYMENT FUNDS. (a) ADVANCES To B E MADE FOR 3 - M O N T H P E R I O D S. — Paragraph

26 USC 3306 "o*^26 USC 3301 "°*^42 USC 1101 "°t®-

26 USC 3304 °°*®-

26 USC 3306.

(1)

of section 1201(a) of the Social Security Act is amended— 42 USC 1321. (1) by striking out "any month " and inserting in lieu thereof " any 3-month period "; (2) by striking out "the preceding month " and inserting in lieu thereof "the month preceding the first month of such 3-month period"; and (3) by striking out "such month " and inserting in lieu thereof "each month of such 3-month period". (b) APPLICATIONS.—Paragraph (2) of such section 1201(a) is amended— (1) by striking out " any month " each place it appears and inserting in lieu thereof "any 3-month period", and (2) by striking out "such month " each place it appears and inserting in lieu thereof "each month of such 3-month period". (c) Section 1201(b) of such Act is amended— (1) by inserting "in monthly installments" immediately after "transfer" where it first appears therein, and

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 90 STAT. 2678

42 USC 1321 "o*«-

PUBLIC LAW 94-566—OCT. 20, 1976 (2) by a d d i n g a t the end thereof the following new sentence: "The amount of any monthly installment so transferred shall not exceed the amount estimated by the State to be required for the payment of compensation for the month with respect to which such installment is made.". (d) EFFECTIVE DATE.—The amendments made by this section shall t a k e eflfect on the date of the enactment of this Act. SEC. 214. PRORATION OF COSTS OF CLAIMS FILED JOINTLY UNDER STATE LAW AND SECTION 8505 OF TITLE 5, UNITED STATES CODE. (a) GENERAL RULE.—Section 8505(a) of title 5, United States Code,

is amended to read as follows: "(a) Each State is entitled to be paid by the United States with respect to each individual whose base period wages included Federal wages an amount which shall bear the same ratio to the total amount of compensation paid to such individual as the amount of his Federal wages m his base period bears to the total amount of his base period wages." (b) TECHNICAL AMENDMENT.—Section 8501 of title 5, United States Code, is amended by striking out "and" at the end of paragraph (6), by striking out the period at the end of paragraph (7) and inserting in lieu thereof "; and", and by adding at the end thereof the following new paragraph: "Base period." " (8) 'base period' means the base period as defined by the applicable State unemployment compensation law for the benefit year." 5 USC 8501 note. (c) EFFECTIVE DATE.—The amendments made by this section shall apply with regard to compensation paid on the basis of claims for compensation filed on or after July 1, 1977.

TITLE III—BENEFIT PROVISIONS SEC. 311. AMENDMENTS TO THE TRIGGER PROVISIONS OF THE EXTENDED PROGRAM. (a) NATIONAL " O N " AND " O F F " INDICATORS.—Subsection (d) of

26 USC 3304 "<***•

section 203 of the Federal-State Extended Unemployment Compensation Act of 1970 is amended to read as follows: "(d) For purposes of this section— "(1) There is a national 'on' indicator for a week if, for the period consisting of such week and the immediately preceding twelve weeks, the rate of insured unemployment (seasonally adjusted) for all States equaled or exceeded 4.5 per centum (determined by reference to the average monthly covered employment for the first four of the most recent six calendar quarters ending before the close of such period). "(2) There is a national 'off' indicator for a week if, for the period consisting of such week and the immediately preceding twelve weeks, the rate of insured unemployment (seasonally adjusted) for all States was less than 4.5 per centum (determined by reference to the average monthly covered employment for the first four of the most recent six calendar quarters ending before the close of such period).". (b) STATE " O N " AND " O F F " INDICATORS.—Subsection (e) of section

203 of such Act is amended to read as follows:

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90 STAT. 2679

" (e) For purposes of this section— "(1) There is a State 'on' indicator for a weelc if the rate of insured unemployment under the State law for the period consisting of such week and the immediately preceding twelve weeks— "(A) equaled or exceeded 120 per centum of the average of such rates for the corresponding thirteen-week period ending in each of the preceding two calendar years, and '•(B) equaled or exceeded4 per centum. "(2) There is a State 'off' indicator for a week if, for the period consisting of such week and the immediately preceding twelve weeks, either subparagraph (A) or subparagraph (B) of paragraph (1) is not satisfied. Effective with respect to compensation for weeks of unemployment beginning after March 30, 1977 (or, if later, the date established pursuant to State law), the State may by law provide that the determination of whether there has been a State 'on' or 'off' indicator beginning or ending any extended benefit period shall be made under this subsection as if (i) paragraph (1) did not contain subparagraph (A) thereof, and (ii) the figure '4' contained in subparagraph (B) thereof were '5'; except that, notwithstanding any such provision of State law, any week for which there would otherwise be a State 'on' indicator shall continue to be such a week and shall not be determined to be a week for which there is a State 'off' indicator. For purposes of this subsection, the rate of insured unemployment for any thirteen-week period shall be determined by reference to the average monthly covered employment under the State law for the first four of the most recent six calendar quarters ending before the close of such period.", (c) EFFECTIVE DATE.—The amendment made by subsection (a) of this section shall apply to weeks beginning after December 31, 1976, and the amendments made by subsection (b) of this section shall apply to weeks beginning after March 30, 1977. SEC. 312. PREGNANCY DISQUALIFICATIONS.

(a) GENERAL RULE.—Paragraph (12) of section 3304(a) of the Internal Revenue Code of 1954 (relating to requirements for approval 26 USC 3304. of State unemployment compensation laws) is amended to read as follows: "(12) no person shall be denied compensation under such State law solely on the basis of pregnancy or termination of pregnancy;". (b) TECHNICAL AMENDMENT.—Subsection (c) of section 3304 of such Code (relating to certification of State unemployment compensation laws) is amended by adding at the end thereof the following new sentence: "On Octooer 31 oi any taxable year after 1977, the Secretary shall not certify any State which, after reasonable notice and opportunity for a hearing to the State agency, the Secretary of Labor finds has failed to amend its law so that it contains each of the provisions required by reason of the enactment of the Unemployment Compensation Amendments of 1976 to be included therein, or has with respect to the 12-month period ending on such October 31, failed to comply substantially with any such provision.". (c) EFFECTIVE DATE.—The amendments made by this section shall 26 USC 3304 apply with respect to certifications of States for 1978 and subsequent "ote. years.

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 90 STAT. 2680

PUBLIC LAW 94-566—OCT. 20, 1976

SEC. 313. REPEAL OF FINALITY PROVISION. (a) GENERAL RULE.—Section 8506(a) of title 5, United States Code, is amended by striking out the fifth sentence. 5 use8506 note. (b) EFFECTIVE D A T E. — The amendment made by subsection (a) shall apply w i t h respect to findings made after the date of the enactment of this Act. SEC. 314. DENIAL OF UNEMPLOYMENT COMPENSATION TO ATHLETES. ILLEGAL ALIENS, AND RECIPIENTS OF RETIREMENT BENEFITS. (a) GENERAL RULE.—Subsection (a) of section 3304 of the I n t e r n a l 26 USC 3304. Revenue Code of 1954 (relating to requirements for approval of State unemployment compensation laws) is amended by redesignating paragraph (13) as paragraph (16) and by inserting after paragraph (12) the following new paragraph s: "(13) compensation shall not be payable to any individual on the basis of any services, substantially all of which consist of participati n g in sports or athletic events or t r a i n i n g or p r e p a r i n g to so participate, for any week which commences during the period between two successive sport seasons (or similar periods) if such individual performed such services in the first of such seasons (or similar periods) and there is a reasonable assurance that such individual will perform such services in the later of such seasons (or similar period s); " (14)(A) compensation shall not be payable on the basis of services performed by an alien unless such alien is an individual who has been lawfully admitted for permanent residence or otherwise is permanently residing in the United States under color of law (including an alien who is lawfully present in the United States as a result of the application of the provisions of section 203(a)(7) or section 212(d)(5) of the 8 USC 1153, Immigration and Nationality Act), 1182. " (B) any data or information required of individuals a p p l y i n g for compensation to determine whether compensation is not payable to them because of their alien status shall be uniformly required from all applicants for compensation, and " (C) in the case of an individual whose application for compensation would otherwise be approved, no determination by the State agency that compensation to such individual is not payable because of his alien status shall be made except upon a preponderance of the evidence; "(15) the amount of compensation payable to an individual for any week which begins after September 30, 1979, and which begins in a period with respect to which such individual is receiving a governmental or other pension, retirement or retired pay, annuity, or any other similar periodic payment which is based on the previous work of such individual shall be reduced (but not below zero) by an amount equal to the amount of such pension, retirement or retired pay, annuity, or other payment, which is reasonably attributable to such week;". 26 USC 3304 (b) EFFECTIVE D A T E. — The amendment made by subsection (a) shall noteapply with respect to certifications of States for 1978 and subsequent years, or for 1979 and subsequent years in the case of States the legislatures of which do not meet in a regular session which closes in the calendar year 1977.

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90 STAT. 2681

TITLE IV—NATIONAL COMMISSION ON UNEMPLOYMENT COMPENSATION SEC. 411. NATIONAL COMMISSION ON UNEMPLOYMENT COMPENSA- 26 USC 3304 TION. note. (a) ESTABLISHMENT OF COMMISSION.—There is established a

National Commission on Unemployment Compensation (hereinafter in this section referred to as the "Commission") which shall consist of thirteen members who shall be appointed as follows: (1) Three members appointed by the President pro tempore of the Senate. (2) Three members appointed by the Speaker of the House of Representatives. (3) Seven members appointed by the President. In making appointments under the preceding sentence, the President pro tempore of the Senate, the Speaker of the House of Representatives, and the President shall consult with each other to insure that there will be a balanced representation of interested parties on the Commission. The Commission shall consist of at least one representative of labor, industry, the Federal Government, State government, local government, and small business. The President shall designate one of the members to serve as Chairman of the Commission, Seven members shall constitute a quorum. Any vacancies in the Commission shall not affect its powers, but shall be filled in the same manner in which the original appointment was made. (b) DUTIES OF THE COMMISSION.—The Commission shall study and evaluate the present unemployment compensation programs in order to assess the long-range needs of the programs, to develop alternatives, and to recommend changes in the programs. Such study and evaluation shall include, without being limited to— (1) examination of the adequacy, and economic and administrative impacts, of the changes made by this Act in coverage, benefit provisions, and financing; (2) identification of appropriate purposes, objectives, and future directions for unemployment compensation programs; including railroad unemployment insurance; (3) examination of issues and alternatives concerning the relationship of unemployment compensation to the economy, with special attention to long-range funding requirements and desirable methods of program financing; (4) examination of eligibility requirements, disqualification provisions, and factors to consider in determining appropriate benefit amounts and duration; (5) examination of (A) the problems of claimant fraud and abuse in the unemployment compensation programs (B) the adequacy of present statutory requirements and administrative procedures designed to protect the programs against such fraud and abuse and (C) problems of claimants in obtaining prompt processing and payment of their claims for benefits and any appropriate measures to relieve such problems; (6) examination of the relationship between unemployment compensation programs and manpower training and employment programs;

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 90 STAT. 2682

PUBLIC LAW 94-566—OCT. 20, 1976 (7) examination of the appropriate role of unemployment compensation in income maintenance and its relationship to other social insurance and income maintenance programs; (8) conduct of such surveys, hearings, research, and other activities as it deems necessary to enable it to formulate appropriate recommendations, and to obtain relevant information, attitudes, opinions, and recommendations from individuals and organizations representing employers, employees, and the general public; (9) review of the present method of collecting and analyzing present and prospective national and local employment and unemployment information and statistics; (10) identification of any weaknesses in such method and any problem which results from the operation of such method; (11) formulation of any necessary or appropriate new techniques for the collection and analysis of such information and statistics; and (12) examination of the feasibility and advisability of developing or not developing Federal minimum benefit standards for State unemployment insurance program. (c) POWERS OF THE COMMISSION.—

5 USC 5101, 5332 note.

(1) HEARINGS.—The Commission, or, on the authorization of the Commission, any subcommittee or members thereof, may, for the purpose of carrying out the provisions of this section, hold such hearing, take such testimony, receive such evidence, take such oaths and sit and act at such times and places as the Commission may deem appropriate and may administer oaths or affirmations to witnesses anpearinff before the Commission or any subcommittee or members thereof. (2) STAFF.—Subject to such rules and regulations as may be adopted by the Commission, the Chairman shall have the power to— (A) appoint and fix the compensation of an executive director, and such additional personnel as he deems advisable, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, except that the executive director may not receive pay in excess of the maximum annual rate of basic pay in effect for grade GS-18 of the General Schedule under section 5332 of such title and any additional personnel may not receive pay in excess of the maximum annual rate of basic pay in effect for grade GS-15 of such General Schedule, and (B) obtain temporary and intermittent services of experts and consultants in accordance with the provisions of section 3109 of title 5, United States Code. (3) CONTRACTS.—The Commission is authorized to negotiate and enter into contracts with organizations, institutions, and individuals to carry out such studies, surveys, or research and prepare such reports as the Commission determines are necessary in order to carry out its duties. (d)

COOPERATION OF OTHER FEDERAL, AGENCIES.—

(1) INFORMATION.—Each department, agency, and instrumentality of the Federal Government is authorized and directed to

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90 STAT. 2683

furnish to the Commission, upon request made by the Chairman, and to the extent permitted by law, such data, reports, and other information as the Commission deems necessary to carry out its functions under this section. (2) SERVICES.—The head of each department or agency of the Federal Government is authorized to provide to the Commission such services as the Commission requests on such basis, reimbursable and otherwise, as may be agreed between the department or agency and the Chairman of the Commission. All such requests shall be made by the Chaiiman of the Commission. (3) DEPARTMENT OF LABOR.—The Department of Labor shall provide support for the Commission and shall perform such other functions with respect to the Commission as may be required by the provisions of the Federal Advisory Committee Act. 5 USC app. I. (e) P A T AND TRAVEL EXPENSES.— (1) MEMBERS SERVE WITHOUT PAT.—Except as provided in para-

graph (2), members of the Commission shall serve without pay. (2) TRAVEL EXPENSES.—While away from their homes or regular places of business in the performance of services for the Commission, members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in the Government service are allowed expenses under section 5703(b) of title 5 of the United States Code. (f) INTERIM REPORT.—The Commission shall transmit to the Con- Transmittal to gress not later than March 31, 1978, an interim report. Congress. (g) FINAL REPORT.—The Commission shall transmit to the President and the Congress not later than January 1, 1979, a final report containing a detailed statement of the findings and conclusions of the Commission, together with such recommendations as it deems advisable. (h) TERMINATION.—On the ninetieth day after the date of submission of its final report to the President, the Commission shall cease to exist. (i) AUTHORIZATION OF APPROPRIATIONS.—There are hereby authorized to be appropriated such sums as may be necessary to carry out the provisions of this section.

TITLE V—MISCELLANEOUS PROVISIONS SEC. 501. REFERRAL OF BLIND AND DISABLED INDIVIDUALS UNDER AGE 16, WHO ARE RECEIVING BENEFITS UNDER THE SUPPLEMENTAL SECURITY INCOME PROGRAM, FOR APPROPRIATE REHABILITATION SERVICES. (a) IN GENERAL.—Section 1615 of the Social Security Act is 42 USC 1382d. amended to read as follows: "REHABILITATION SERVICES FOR BLIND AND DISABLED INDIVIDUALS

"SEC. 1615. (a) In the case of any blind or disabled individual who— "(1) has not attained age 65, and "(2) IS receiving benefits (or with respect to whom benefits are paid) under this title, the Secretary shall make provision for referral of such individual to the appropriate State agency administering the State plan for voca-

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 90 STAT. 2684

PUBLIC LAW 94-566—OCT. 20, 1976

tional rehabilitation services approved under the Vocational Rehabili29 USC 31 note, tation Act, or, in the case of any such individual who has not attained age 16, to the appropriate State agency administering the State plan under subsection (b) of this section, and (except in such cases as he may determine) for a review not less often than quarterly of such individual's blindness or disability and his need for and utilization of the services made available to him under such plan. Criteria by "(b)(1) The Secretary shall by regulation prescribe criteria for regulation. approval of State plans for— "(A) assuring appropriate counseling for disabled children referred pursuant to subsection (a) and their families, "(B) establishment of individual service plans for such disabled children, and prompt referral to appropriate medic^al, educational, and social services, "(C) monitoring to assure adherence to such service plans, and "(D) provision for such disabled children who are 6 years of age and under, or who have never attended public school and require preparation to take advantage of public educational services, of medical, social, developmental, and rehabilitative services, in cases where such services reasonably promise to enhance the child's ability to benefit from subsequent education or training, or otherwise to enhance his opportunities for self-sufficiency or self-support as an adult. "(2) Such criteria shall include— "(A) administration— "(i) by the agency administering the State plan for crippled children'services under title V of this Act, or (li) by another agency which administers programs providing services to disabled children and which the Governor of the State concerned has determined is capablie of administering the State plan described in the first sentence of this subsection in a more efficient and effective manner than the agency described in clause (i) (with the reasons for such determination being set forth in the State plan described in the first sentence of this subsection); "(B) coordination with other agencies serving disabled children; and "(C) establishment of an identifiable unit within such agency which shall be responsible for carrying out the plan. " (c) Every individual age 16 or over with respect to whom the Secretary is required to make provision for referral under subsection (a) shall accept such services as are made available to him under the State plan for vocational and rehabilitation services approved under the Vocational Rehabilitation Act; and no such individual shall be an eligible individual or eligible spouse for purposes of this title if he refuses without good cause to accept services for which he is referred under subsection (a). "(d) The Secretary is authorized to pay to the State agency administering or supervising the administration of a State plan for vocational rehabilitation services approved under the Vocational Rehabilitation Act the costs incurred under such plan in the provision of rehabilitation services to individuals referred for such services pursuant to subsection (a). "(c)(1) The Secretary shall, subject to the limitations imposed by paragraphs (2) and (3), pay to the State agency administering a State plan of a State under subsection (b) of this section, the costs incurred

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