text:
Page:United States Statutes at Large Volume 88 Part 2.djvu/886

 2202

PUBLIC LAW 93-637-JAN. 4, 1975

[88

STAT.

have known under the circumstances was dishonest or fraudulent, the court may grant relief under subsection (b). "(b) The court in an action under subsection (a) shall have jurisdiction to grant such relief as the court finds necessary to redress injury to consumers or other persons, partnerships, and corporations resulting from the rule violation or the unfair or deceptive act or practice, as the case may be. Such relief may include, but shall not be limited to, rescission or reformation of contracts, the refund of money or return of property, the payment of damages, and public notification respecting the rule violation or the unfair or deceptive act or practice, as the case may be; except that nothing in this subsection is intended to authorize the imposition of any exemplary or punitive damages. "(c)(1) If (A) a cease and desist order issued under section 5(b) has become final under section 5(g) with respect to any person's, partnership's, or corporation's rule violation or unfair or deceptive act or practice, and (B) an action under this section is brought with respect to such person's partnership's, or corporation's rule violation or act or practice, then the findings of the Commission as to the material facts in the proceeding under section 5(b) with respect to such person's, partnership's, or corporation's rule violation or act or practice, shall be conclusive unless (i) the terms of such cease and desist order expressly provide that the Commission's findings shall not be conclusive, or (ii) the order became final by reason of section 5(g)(1), in which case such finding shall be conclusive if supported by evidence. '^°'^''^"(2) The court shall cause notice of an action under this section to be given in a manner which is reasonably calculated, under all of the circumstances, to apprise the persons, partnerships, and corporations allegedly injured by the defendant's rule violation or act or practice of the pendency of such action. Such notice may, in the discretion of the court, be given by publication. Hn'l!^ °^ ^'" " ( ^) ^ ^ action may be brought by the Commission under this sectations tion more than 3 years after the rule violation to which an action under subsection (a)(1) relates, or the unfair or deceptive act or practice to which an action under subsection (a)(2) relates; except that if a cease and desist order with respect to any person's, partnership's, or corporation's rule violation or unfair or deceptive act or practice has become final and such order was issued in a proceeding under section 5(b) which was commenced not later than 3 years after the rule violation or act or practice occurred, a civil action may be commenced under this section against such person, partnership, or corporation at any time before the expiration of one year after such order becomes final. "(e) Kemedies provided in this section are in addition to, and not in lieu of, any other remedy or right of action provided by State or Federal law. Nothing in this section shall be construed to affect any authority of the Commission under any other provision of law." 15 USC 57b (b) The amendment made by subsection (a) of this section shall note not apply to— (1) any violation of a rule to the extent that such violation occurred before the date of enactment of this Act, or (2) any act or practice with respect to which the Commission issues a cease-and-desist order, to the extent that such act or practice occurred before the date of enactment of this Act, unless such order was issued after such date and the person, partnership or corporation against whom such an order was issued had been notified in the complaint, or in the notice or order attached thereto, that consumer redress may be sought.

�


text:
Page:United States Statutes at Large Volume 88 Part 2.djvu/887

 88

STAT.

]

PUBLIC LAW 93-638-JAN. 4, 1975

2203

AUTHORIZATION OF APPROPRIATIONS

SEC. 207. The Federal Trade Commission Act (15 U.S.C. 41 et seq.) is amended by inserting after section 19 the following new Section: "SEC. 20. There are authorized to be appropriated to carry out the functions, powers, and duties of the Federal Trade Commission not to exceed $42,000,000 for the fiscal year ending June 30, 1975; not to exceed $46,000,000 for the fiscal year ending June 30, 1976; and not to exceed $50,000,000 for the fiscal year ending in 1977. For fiscal years ending after 1977, there may be appropriated to carry out such functions, powers, and duties, only such sums as the Congress may hereafter authorize by law." Approved January 4, 1975.

Ante,

p. 2201.

^^ use S7c.

Public Law 93-638 AN:ACT

January 4, 1975

To provide maximum Indian participation in the Government and education of the Indian people; to provide for the full participation of Indian tribes in programs and services conducted by the Federal Government for Indians and to encourage the development of human resources of the Indian ptiople; to establish a program of assistance to upgrade Indian education; to support the right of Indian citizens to control their own educational activities; and for other purposes.

'-^' ^^^^^

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may Indian seifbe cited as the "Indian Self-Determination and Education Assistance Educ'a'^ion ATSL"_/^Q^"

ance Act.

CONGRESSIONAL F I N D I N G S

SEC. 2. (a) The Congress, after careful review of the Federal Government's historical and special legal relationship with, and resulting responsibilities to, American Indian people, finds that— (1) the prolonged Federal domination of Indian service programs has served to retard rather than enhance the progress of Indian people and their communities by depriving Indians of the full opportunity to develop leadership skills crucial to the realization of self-government, and has denied to the Indian people an effective voice in the planning and implementation of programs for the benefit of Indians which are responsive to the true needs of Indian communities; and (2) the Indian people will never surrender their desire to control their relationships both among themselves and with nonIndian governments, organizations, and persons. (b) The Congress further finds that—• (1) true self-determination in any society of people is dependent upon an educational process which will insure the development of qualified people to fulfill meaningful leadership roles; (2) the Federal responsibility for and assistance to education of Indian children has not effected the desired level of educational achievement or created the diverse opportunities and personal satisfaction which education can and should provide; and (3) parental and community control of the educational process is of crucial importance to the Indian people.

25 USC 450 note.

^^ "^*-^ '*^°"

DECLARATION or POLICY

SEC. 3. (a) The Congress hereby recognizes the obligation of the

^s use 450a.

�

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


text:
Page:United States Statutes at Large Volume 88 Part 2.djvu/888

 2204

PUBLIC LAW 93-638-JAN. 4, 1975

[88

STAT.

United States to respond to the strong expression of the Indian people for self-determination by assuring maximum Indian participation in the direction of educational as well as other Federal services to Indian communities so as to render such services more responsive to the needs and desires of those communities. (b) The Congress declares its commitment to the maintenance of the Federal Government's unique and continuing relationship with and responsibility to the Indian people through the establishment of a meaningful Indian self-determination policy which will permit an orderly transition from Federal domination of programs for and services to Indians to effective and meaningful participation by the Indian people in the planning, conduct, and administration of those programs and services. (c) The Congress declares that a major national goal of the United States is to provide the quantity and -quality of educational services and opportunities which will permit Indian children to compete and excel in the life areas of their choice, and to achieve the measure of self-determination essential to their social and economic well-being. DEFINITIONS 25 USC 450b.

SEC. 4. For the purposes of this Act, the term— (a) "Indian" means a person who is a member of an Indian tribe; (b) "Indian tribe" means any Indian tribe, band, nation, or other organized group or connrnmity, including any Alaska Native village or regional or village corporation as defined in or establislied pursuant to the Alaska Native Claims Settlement Act (85 Stat. 688) which is recognized as eligible for the special programs and services provided by the Ignited States to Indians because of their status as Indians; (c) "Tribal organization" means the recognized governing body of any Indian tribe; any legally established organization of Indians which is controlled, sanctioned, or chartered by such governing body or which is democratically elected by the adult members of the Indian community to be served by such organization and which includes the maximum participation of Indians in all phases of its activities: Provided, That in any case where a contract is let or grant made to an organization to perform services benefitting more than one Indian tribe, the approval of each such Indian tribe shall be a prerequisite to the letting or making of such contract or grant; (d) "Secretary", unless otherwise designated, means the Secretary of the Interior; (f) "State education agency" means the State board of education or other agency or officer primarily responsible for supervision by the State of public elementary and secondary schools, or, if there is no such officer or agency, an officer or agency designated by the Governor or by State law. REPORTING AND AUDIT REQUIREMENTS

Recordkeeping.

gj;c. 5. (a) Each rccipleut of Federal financial assistance from the Secretary of Interior or the Secretary of Health, Education, and Welfare, under this Act, shall keep such records as the appropriate Secretary shall prescribe, including records which fully disclose the amount and disposition by such recipient of the proceeds of such assistance, the cost of the project or undertaking in connection with which such assistance is given or used, the amount of that portion of the cost of the project or undertaking supplied by other sources, and

�


text:
Page:United States Statutes at Large Volume 88 Part 2.djvu/889

 88

STAT.

]

PUBLIC LAW 93-638-JAN. 4, 1975

2205

such other records as will facilitate an effective audit. (b) The Comptroller General and the appropriate Secretary, or any of their duly authorized representatives, shall, until the expiration of three years after completion of the project or undertaking referred to in the preceding subsection of this section, have access (for the purpose of audit and examination) to any books, documents, papers, and records of such recipients which in the opinion of the Comptroller General or the appropriate Secretary may be related or pertinent to the grants, contracts, subcontracts, subgrants, or other arrangements referred to in the preceding subsection. (c) Each recipient of Federal financial assistance referred to in subsection (a) of this section shall make such reports and information available to the Indian people served or represented by such recipient as and in a manner determined to be adequate by the appropriate Secretary. (d) Any funds paid to a financial assistance recipient referred to in subsection (a) of this section and not expended or used for the purposes for which paid shall be repaid to the Treasury of the United States. PENALTIES

SEC. 6. Whoever, being an officer, director, agent, or employee of, or connected in any capacity with, any recipient of a contract, subcontract, grant, or subgrant pursuant to this Act or the Act of April 16, 1934 (48 Stat. 596), as amended, embezzles, willfully misapplies, steals, or obtains by fraud any of the money, funds, assets, or property which are the subject of such a grant, subgrant, contract, or subcontract, shall be fined not more than $10,000 or imprisoned for not more than two years, or both, but if the amount so embezzled, misapplied, stolen, or obtained by fraud does not exceed $100, he shall b2 fined not more than $1,000 or imprisoned not more than one year, or both.

25 USC 450d.

25 USC 452.

WAGE A N D LABOR STANDARDS

SEC. 7. (a) All laborers and mechanics employed by contractors of 25 USC 450e. subcontractors in the construction, alteration, or repair, including painting or decorating of buildings or other facilities in connection with contracts or grants entered into pursuant to this Act, shall be paid wages at not less than those prevailing on similar construction in the locality, as determined by the Secretary of Labor in accordance with the Davis-Bacon Act of March 3, 1931 (46 Stat. 1494), as amended. With respect to construction, alteration, or repair work to '^^ ^^^ 276a which the Act of March 3, 1921 is applicable under the terms of this section, the Secretary of Labor shall have the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (15 F.Il. 3176; 64 Stat. 1267) and section 2 of the Act of June 13, 1934 (48 Stat. 948, ^ use app. ii. 40 U.S.C. 276c). (b) Any contract, subcontract, grant, or subgrant pursuant to this Act, the Act of April 16, 1934 (48 Stat. 596), as amended, or any other 25 USC 452. Act authorizing Federal contracts with or grants to Indian organizations or for the benefit of Indians, shall require that to the greatest extent feasible— (1) preferences and opportunities for training and employment in connection with the administration of such contracts or grants shall be given to Indians; and (2) preference in the award of subcontracts and subgrants in connection with the administration of such contracts or grants shall be given to Indian organizations and to Indian-owned economic enterprises as defined in section 3 of the Indian Financing Act of 1974 (88 Stat. 77). 25 USC 1452.

�


text:
Page:United States Statutes at Large Volume 88 Part 2.djvu/890

 2206

PUBLIC LAW 93-638-JAN. 4, 1975

[88

STAT.

CARRYOVER OF F U N D S 25 USC 13a. 25 USC 13, 52a.

SEC. 8. The provisions of any other laws to the contrary notwithstanding, any funds appropriated pursuant to the Act of November 2, 1921 (42 Stat. 208), for any fiscal year which are not obligated and expended prior to the beginning of the fiscal year succeeding the fiscal year for which such funds were appropriated shall remain available for obligation and expenditure during such succeeding fiscal year. TITLE I—INDIAN S E L F - DETERMINATION ACT

Citation of title. 25 USC 450f note.

SEC. 101. This title may be cited as the ''Indian Self-Determination Act". CONTRACTS BY THE SECRETARY OF THE

25 USC 450f.

25 USC 452.

25 USC 1 3, 52a,

INTERIOR

SEC. 102. (a) The Secretary of the Interior is directed, upon the request of any Indian tribe, to enter into a contract or contracts with any tribal organizaton of any such Indian tribe to plan, conduct, and administer programs, or portions thereof, provided for in the Act of April 16, 1934 (48 Stat. 596), as amended by this Act, any other program or portion thereof which the Secretary of the Interior is authorized to administer for the benefit of Indians under the Act of November 2, 1921 (42 Stat. 208), and any Act subsequent thereto: Provided, however, That the Secretary may initially decline to enter into any contract requested by an Indian tribe if he finds that: (1) the service to be rendered to the Indian beneficiaries of the particular program or function to be contracted will not be satisfactory; (2) adequate protection of trust resources is not assured, or (3) the proposed project or function to be contracted for cannot be properly completed or maintained by the proposed contract: Provided further, That in arriving at his finding, the Secretary shall consider whether the tribe or tribal organization would be deficient in performance under the contract with respect to (A) equipment, (B) bookkeeping and accounting procedures, (C) substantive knowledge of the program to be contracted for, (D) community support for the contract, (E) adequately trained personnel, or (F) other necessary components of contract performance. (b) Whenever the Secretary declines to enter into a contract or contracts pursuant to subsection (a) of this section, he shall (1) state his objections in writing to the tribe within sixty days, (2) provide to the extent practicable assistance to the tribe or tribal organization to overcome his stated objections, and (3) provide the tribe with a hearing, under such rules and regulations as he may promulgate, and the opportunity for appeal on the objections raised. (c) The Secretary is authorized to require any tribe requesting that he enter into a contract pursuant to the provisions of this title to obtain adequate liability insurance: Provided, however, That each such policy of insurance shall contain a provision that the insurance carrier shall waive any right it may have to raise as a defense the tribe's sovereign immunity from suit, but that such waiver shall extend only to claims the amount and nature of which are within the coverage and limits of the policy and shall not authorize or empower such insurance carrier to waive or otherwise limit the tribe's sovereign immunity outside or beyond the coverage and limits of the policy of insurance. CONTRACTS BY THE SECRETARY OF H E A L T H, EDUCATION, AND WELFARE

25 USC 450g.

gj,^_ -Qg^ ^^^ ^ j ^ ^ Secretary of Health, Education, and Welfare is directed, upon the request of any Indian tribe, to enter into a contract or contracts with any tribal organization of any such Indian tribe to carry out any or all of his functions, authorities, and responsibilities

�


text:
Page:United States Statutes at Large Volume 88 Part 2.djvu/891

 88

STAT.

]

PUBLIC LAW 93-638-JAN. 4, 1975

under the Act of August 5, 1954 (68 Stat. 674), as amended: Provided, however, That the Secretary may initially decline to enter into any contract requested by an Indian tribe if he finds that: (1) the service to be rendered to the Indian beneficiaries of the particular program or function to be contracted for will not be satisfactory; (2) adequate protection of trust resources is not assured; or (3) the proposed project or function to be contracted for cannot be properly completed or maintained by the proposed contract: Provided further, That the Secretary of Health, Education, and Welfare, in arriving at his finding, shall consider whether the tribe or tribal organization would be deficient in performance under the contract with respect to (A) equipment, (B) bookkeeping and accounting procedures, (C) substantive knowledge of the program to be contracted for, (D) community support for the contract, (E) adequately trained personnel, or (F) other necessary components of contract performance. (b) Whenever the Secretary of Health, Education, and Welfare declines to enter into a contract or contracts pursuant to subsection (a) of this section, he shall (1) state his objections in writing to the tribe within sixty days; (2) provide, to the extent practicable, assistance to the tribe or tribal organization to overcome his stated objections; and (3) provide the tribe with a hearing, under such rules and regulations as he shall promulgate, and the opportunity for appeal on the objections raised. (c) The Secretary of Health, Education, and Welfare is authorized to require any tribe requesting that he enter into a contract pursuant to the provisions of this title to obtain adequate liability insurance: Provided, however, That each such policy of insurance shall contain a provision that the insurance carrier shall waive any right it may have to raise as a defense the tribe's sovereign immunity from suit, but that such waiver shall extend only to claims the amount and nature of which are within the coverage and limits of the policy and shall not authorize or empower such insurance carrier to waive or otherwise limit the tribe's sovereign immunity outside or beyond the coverage and limits of the policy of insurance.

2207 ^^ use 2001.

"taring. Liability insur-

GRANTS TO I N D I A N TRIBAL ORGANIZATIONS

SEC. 104. (a) The Secretary of the Interior is authorized, upon the request of any Indian tribe (from funds appropriated for the benefit of Indians pursuant to the Act of November 2, 1921 (42 Stat. 208), and any Act subsequent thereto) to contract with or make a grant or grants to any tribal organization for— (1) the strengthening or improvement of tribal government (including, but not limited to, the development, improvement, and administration of planning, financial management, or merit personnel systems; the improvement of tribally funded programs or activities; or the development, construction, improvement, maintenance, preservation, or operation of tribal facilities or resources); (2) the planning, training, evaluation of other activities designed to improve the capacity of a tribal organization to enter into a contract or contracts pursuant to section 102 of this Act and the additional costs associated with the initial years of operation under such a contract or contracts; (3) the acquisition of land in connection with items (1) and (2) above: Provided, That in the case of land within reservation boundaries or which adjoins on at least two sides lands held in trust by the United States for the tribe or for individual Indians, the Secretary of Interior may (upon request of the tribe) acquire such land in trust for the tribe; or

25 USC 450h.

^^ "^^ ^^' ^^'''

�


text:
Page:United States Statutes at Large Volume 88 Part 2.djvu/892

 2208

PUBLIC LAW 93-638-JAN. 4, 1975

[88

STAT.

(4) the planning, designing, monitoring, and evaluating of Federal programs serving the tribe. (b) The Secretary of Health, Education, and Welfare may, in accordance with regulations adopted pursuant to section 107 of this Act, make grants to any Indian tribe or tribal organization for— (1) the development, construction, operation, provision, or maintenance of adequate health facilities or services including the training of personnel for such work, from funds appropriated to the Indian Health Service for Indian health services or Indian health facilities; or (2) planning, training, evaluation or other activities designed to improve the capacity of a tribal organization to enter into a contract or contracts pursuant to section 103 of this Act. (c) The provisions of any other Act notwithstanding, any funds made available to a tribal organization under grants pursuant to this section may be used as matching shares for any other Federal grant programs which contribute to the purposes for which grants under tiiis section are made. PERSONNEL

43 USC 1601 note.

Ante, p. 2204.

SEC. 105. (a) Section 3371(2) of chapter 33 of title 5, United States Code, is amended (1) by deleting the word "and" immediately after the semicolon in clause (A); (2) by deleting the period at the end of clause (B) and inserting in lieu thereof a semicolon and the word ''and"; and (3) by adding at the end thereof the following new clause: " (C) any Indian tribe, band, nation, or other organized group or community, including any Alaska Native village as defined in the Alaska Native Claims Settlement Act (85 Stat. 688), which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians and includes any tribal organization as defined in section 4(c) of the Indian Self-Determination and Education AssistaUCC Act. "

(b) The Act of August 5, 1954 (68 Stat. 674), as amended, is further amended by adding a new section 8 after section 7 of the Act, as follows: 42 USC 2004b. "SEC. 8. In accordance with subsection (d) of section 214 of the 42 USC 215. Public Health Service Act (58 Stat. 690), as amended, upon the request of any Indian tribe, band, group, or community, commissioned officers of the Service may be assigned by the Secretary for the purpose of assisting such Indian tribe, group, band, or community in carrying out the provisions of contracts with, or grants to, tribal organizations 221"!^' ^^' ^^°^' pursuant to section 102, 103, or 104 of the Indian Self-Determination and Education Assistance Act". (c) Paragraph (2) of subsection (a) of section 6 of the Military 456. ^" Selective Service Act of 1967 (81 Stat. 100), as amended, is amended by inserting after the words "Environmental Science Services Administration" the words "or who are assigned to assist Indian tribes, groups, bands, or communities pursuant to the Act of August 5, 1954 (68 Stat. 42 USC 2001. 674), as amended". 42 USC 4762. (d) Section 502 of the Intergovernmental Personnel Act of 1970 (84 Stat. 1909, 1925) is amended— (1) by deleting the word "and" after paragraph (3); (2) by deleting the period after paragraph (4) and inserting in lieu thereof a semicolon and the word "and"; and (3) by adding at the end thereof the following new paragraph; "(5) Notwithstanding the population requirements of section 4743^^'^ ^^^^' 203(a) and 303(c) of this Act, a 'local government' and a 'general local government' also mean the recognized governing body of an Indian tribe, band, pueblo, or other organized group or com42 USC 2004a.

�


text:
Page:United States Statutes at Large Volume 88 Part 2.djvu/893

 88

STAT.]

PUBLIC LAW 93-638-JAN. 4, 1975

munity, including any Alaska Native village, as defined in the Alaska Native Claims Settlement Act (85 Stat. 688), which performs substantial governmental functions. The requirements of sections 203(c) and 303(d) of this Act, relating to reviews by the Governor of a State, do not apply to grant applications from the governing body of an Indian tribe, although nothing in this Act is intended to discourage or prohibit voluntary communication and cooperation between Indian tribes and State and local governments." (e) Notwithstanding any other law, executive order, or administrative regulation, an employee serving under an appointment not limited to one year or less who leaves Federal employment to be employed by a tribal organization on or before December 31, 1985, in connection with governmental or other activities which are or have been performed by employees in or for Indian communities is entitled, if the employee and the tribal organization so elect, to the following: (1) To retain coverage, rights, and benefits under subchapter I of chapter 81 ("Compensation for Work Injuries") of title 5, United States Code, and for this purpose his employment with the tribal organization shall be deemed employment by the United States. However, if an injured employee, or his dependents in case of his death, receives from the tribal organization any payment (including an allowance, gratuity, payment under an insurance policy for which the premium is wholly paid by the tribal organization, or other benefit of any kind) on account of the same injury or death, the amount of that payment shall be credited against any benefit payable under subchapter I of chapter 81 of title 5, United States Code, as follows: (A) payments on account of injury or disability shall be credited against disability compensation payable to the injured employee; and (B) payments on account of death shall be credited against death compensation payable to dependents of the deceased employee. (2) To retain coverage, rights, and benefits under chapter 83 ("Retirement") of title 5, United States Code, if necessary employee deductions and agency contributions in payment for coverage, rights, and benefits for the period of employment with the tribal organization are currently deposited in the Civil Service Retirement and Disability Fund (section 8348 of title 5, Ignited States Code); and the period during which coverage, rights, and benefits are retained under this paragraph is deemed creditable service under section 8332 of title 5, United States Code. Days of unused sick leave to the credit of an employee under a formal leave system at the time the employee leaves Federal employment to be employed by a tribal organization remain to his credit for retirement purposes during covered service with the tribal organization. (3) To retain coverage, rights, and benefits under chapter 89 ("Health Insurance") of title 5, United States Code, if necessary employee deductions and agency contributions in payment for the coverage, rights, and benefits for the period of employment with the tribal organization are currently deposited in the Employee's Health Benefit Fund (section 8909 of title 5, United States Code); and the period during which coverage, rights, and benefits are retained under this paragraph is deemed service as an employee under chapter 89 of title 5, United States Code. (4) To retain coverage, rights, and benefits under chapter 87 ("Life Insurance") of title 5, United States Code, if necessary

2209 43 USC 1601 note. 42 USC 4723, 4743,

Certain tribal organization e m p l o y e e s, covera g e, r i g h t s, and benefits. 25 USC 450i.

Work injuries, compensation. 5 USC 8101.

Retirement. 5 USC 8301.

Health insurance. 5 USC 8901.

Life insurance. 5 USC 8701.

�


text:
Page:United States Statutes at Large Volume 88 Part 2.djvu/894

 2210

5 USC 8701,

"Employee." Regulations,

PUBLIC LAW 93-638-JAN. 4, 1975

employee deductions and agency contributions in payment for the coverage, rights, and benefits for the period of employment with the tribal organizations are currently deposited in the Employee's Life Insurance Fund (section 8714 of title 5, United States Code); and the period during which coverage, rights, and benefits are retained under this paragraph is deemed service as ^^ employee under chapter 87 of title 5, United States Code. (f) During the period an employee is entitled to the coverage, rights, and benefits pursuant to the preceding subsection, the tribal organization employing such employee shall deposit currently in the appropriate funds the employee deductions and agency contributions required by paragraphs (2), (3), and (4) of such preceding subsection. (g) An employee who is employed by a tribal organization under subsection (e) of this section and such tribal organization shall make the election to retain the coverages, rights, and benefits in paragraphs (1), (2), (3), and (4) of such subsection (e) before the date of his employment by a tribal organization. An employee who is employed by a tribal organization under subsection (e) of this section shall continue to be entitled to the benefits of such subsection if he is employed by another tribal organization to perform service in activities of the type described in such subsection. (h) YoT the purposes of subsectlous (e), (f), and (g) of this section, the term "employee" means an employee as defined in section 2105 of title 5, United States Code. ^^^ /pj^g President may prescribe regulations necessary to carry out the provisions of subsections (e), (f), (g), and (h) of this section and to protect and assure the compensation, retirement, insurance, leave, reemployment rights, and such other similar civil service employment rights as he finds appropriate. (j) Anything in sections 205 and 207 of title 18, United States Code to the contrary notwithstanding, officers and employees of the United States assigned to an Indian tribe as authorized under section 3372 of title 5, United States Code, or section 2072 of the Revised Statutes (25 U.S.C. 48) and former officers and employees of the United States employed by Indian tribes may act as agents or attorneys for or appear on behalf of such tribes in connection wth any matter pending before any department, agency, court, or commission, including any matter in which the United States is a party or has a direct and substantial interest: Provided, That each such officer or employee or former officer or employee must advise in writing the head of the department, agency, court, or commission with which he is dealing or appearing on behalf of the tribe of any personal and substantial involvement he may have had as an officer or employee of the United States in connection with the matter involved. ADMINISTRATIVE

25 USC 450j.

40 USC 270a.

[88 STAT.

PROVISIONS

gj,(^^ ]Qg_ (^^^ Contracts with tribal organizations pursuant to sections 102 and 103 of this Act shall be in accordance with all Federal contracting laws and regulations except that, in the discretion of the appropriate Secretary, such contracts may be negotiated without advertising and need not conform with the provisions of the Act of August 24, 1935 (49 Stat. 793), as amended: Provided, That the appropriate Secretary may waive any provisions of such contracting laws or regulations which he determines are not appropriate for the purposes of the contract involved or inconsistent with the provisions of this Act. (b) Payments of any grants or under any contracts pursuant to section 102, 103, or 104 of this Act may be made in advance or by way of reimbursement and in such installments and on such conditions as

�


text:
Page:United States Statutes at Large Volume 88 Part 2.djvu/895

 88 STAT. ]

PUBLIC LAW 93-638-JAN. 4, 1975

the appropriate Secretary deems necessary to carry out the purposes of this title. The transfer of funds shall be scheduled consistent with program requirements and applicable Treasury regulations, so as to minimize the time elapsing between the transfer of such funds from the United States Treasury and the disbursement thereof by the tribal organization, whether such disbursement occurs prior to or subsequent to such transfer of funds. Tribal organizations shall not be held accountable for interest earned on such funds, pending their disbursement by such organization. (c) Any contract requested by a tribe pursuant to sections 102 and 103 of this Act shall be for a term not to exceed one year unless the appropriate Secretary determines that a longer term would be advis-' able: Provided, That such term may not exceed three years and shall be subject to the availability of appropriations: Provided, further, That the amounts of such contracts may be renegotiated annually to reflect factors, including but not limited to cost increases beyond the control of a tribal organization. (d) Notwithstanding any provision of law to the contrary, the appropriate Secretary may, at the request or consent of a tribal organization, revise or amend any contract or grant made by him pursuant to section 102, 103, or 104 of this Act with such organization as necessary to carry out the purposes of this title: Provided, however, That whenever an Indian tribe requests retrocession of the appropriate Secretary for any contract entered into pursuant to this Act, such retrocession shall become effective upon a date specified by the appropriate Secretary not more than one hundred and twenty days from the date of the request by the tribe or at such later date as may be mutually agreed to by the appropriate Secretary and the tribe. (e) In connection with any contract or grant made pursuant to section 102,103, or 104 of this Act, the appropriate Secretary may permit a tribal organization to utilize, in carrying out such contract or grant, existing school buildings, hospitals, and other facilities and all equipment therein or appeitaining thereto and other personal property owned by the Government within his jurisdiction under such terms and conditions as may be agreed upon for their use and maintenance. (f) The contracts authorized under sections 102 and 103 of this Act and grants pursuant to section 104 of this Act may include provisions for t'.ie performance of personal serAdces which would otherwise be performed by Federal employees including, but in no way limited to, functions such as determination of eligibility of applicants for assistance, benefits, or services, and the extent or amount of such assistance, benefits, or services to be provided and the provisions of such assistance, benefits, or services, all in accordance with the terms of the contract or grant and applicable rules and regulations of the appropriate Secretary: Provided, That the Secretary shall not make any contract which would impair his ability to discharge his trust responsibilities to any Indian tribe or individuals. (g) Contracts and grants with tribal organizations pursuant to sections 102,103, and 104 of this Act and the rules and regulations adopted by the Secretaries of the Interior and Health, Education, and Welfare pursuant to section 107 of this Act shall include provisions to assure the fair and uniform provision by such tribal organizations of the services and assistance they provide to Indians under such contracts and grants. (h) The amount of funds provided under the terms of contracts entered into pursuant to sections 102 and 103 shall not be less than the appropriate Secretary would have otherwise provided for his direct operation of the programs or portions thereof for the period covered by the contract: Provided, That any savings in operation under such

221:L

Contracts, term.

�


text:
Page:United States Statutes at Large Volume 88 Part 2.djvu/896

 2212

PUBLIC LAW 93-638-JAN. 4, 1975

[88 STAT.

contracts shall be utilized to provide additonal services or benefits under the contract. PROMULGATION OF RULES A N D

REGULATIONS

25 USC 450k.

^^^^ 107. (a) The Secretaries of the Interior and of Health, Education, and Welfare are each authorized to perform any and all acts and to make such rules and regulations as may be necessary and proper for the purposes of carrying out the provisions of this title. (b)(1) Within six months from the date of enactment of this Act, the Secretary of the Interior and the Secretary of Health, Education, and Welfare shall each to the extent practicable, consult with national and regional Indian organizations to consider and formulate appropriate rules and regulations to implement the provisions of this title. (2) Within seven months from the date of enactment of this Act, the Secretary of the Interior and the Secretary of Health, Education, and Welfare shall each present the proposed rules and regulations to the Committees on Interior and Insular Affairs of the United States Senate and House of Representatives. Publication in (•]) Witliiu eight months from the date of enactment of this Act, Federal Register, ^^^Q Sccrctary of the luterior and the Secretary of Health, Education, and Welfare shall publish proposed rules and regulations in the Federal Register for the purpose of receiving comments from interested parties. (4) Within ten months from the date of enactment of this Act, the Secretary of the Interior and the Secretary of Health, Education, and Welfare shall promulgate rules and regulations to implement the provisions of this title. (c) The Secretary of the Interior and the Secretary of Health, Education, and Welfare are authorized to revise and amend any rules or regulations promulgated pursuant to this section: Provided, That prior to any revision or amendment to such rules or regulations, the respective Secretary or Secretaries shall present the proposed revision or amendment to the Committees on Interior and Insular Affairs of the United States Senate and House of Representatives and shall, to the extent practicable, consult with appropriate national or regional Publication in Indian organizations and shall publish any proposed revisions in the Federal R e g i s t e Federal Register not less than sixty days prior to the effective date of such rules and regulations in order to provide adequate notice to, and receive comments from, other interested parties. REPORTS 25 USC 4 5 0 /.

SEC. 108. For each fiscal year during which an Indian tribal organization receives or expends funds pursuant to a contract or grant under this title, the Indian tribe which requested such contract or grant shall submit to the appropriate Secretary a report including, but not limited to, an accounting of the amounts and purposes for which Federal funds were expended, information on the conduct of the program or service involved, and such other information as the appropriate Secretary may request. REASSUMPTION

25 USC 450m.

OF PROGRAMS

SEC. 109. Each contract or grant agreement entered into pursuant to sexitions 102, 103, and 104 of this Act shall provide that in any case where the appropriate Secretary determines that the tribal organization's performance under such contract or grant agreement involves (1) the violation of the rights or endangerment of the health, safety, or welfare of any persons; or (2) gross negligence or mismanagement

�


text:
Page:United States Statutes at Large Volume 88 Part 2.djvu/897

 88 STAT. ]

PUBLIC LAW 93-638-JAN. 4, 1975

2213

in the handling or use of funds provided to the tribal organization pursuant to such contract or grant agreement, such Secretary may, under regulations prescribed by him and after providing notice and. Notice and hearhearing to such tribal organization, rescind such contract or grant '"^' agreement and assume or resume control or operation of the program, activity, or service involved if he determines that the tribal organization has not taken corrective action as prescribed by him: Provided, That the appropriate Secretary may, upon notice to a tribal organization, immediately rescind a contract or grant and resume control or operation of a program, activity, or service if he finds that there is an immediate threat to safety and, in such cases, he shall hold a hearing on such action within ten days thereof. Such Secretary may decline to enter into a new contract or grant agreement and retain control of such program, activity, or service until such time as he is satisfied that the violations of rights or endangerment of health, safety, or welfare which necessitated the rescission has been corrected. Nothing in this section shall be construed as contravening the Occupational Safety and Health Act of 1970 (84 Stat. 1590), as amended (29 U.S.C. 651). E F F E C T ON E X I S T I N G

RIGHTS

SEC. 110. Nothing in this Act shall be construed as— (1) affecting, modifying, diminishing, or otherwise impairing the sovereign immunity from suit enjoyed by an Indian tribe; or (2) authorizing or requiring the termination of any existing trust responsibility of the United States with respect to the Indian people.

^s use 450n.

TITLE II — THE I N D I A N E D U C A T I O N A S S I S T A N C E ACT SEC. 201. This title may be cited as the "Indian Education Assistance Act".

citation of title. 25 USC 455

note.

PART A—EDUCATION OF INDIANS I N PUBLIC SCHOOLS

SEC. 202. The Act of April 16, 1934 (48 Stat. 596), as amended, is further amended by adding at the end thereof the following new sections: "SEC. 4. The Secretary of the Interior shall not enter into any contract for the education of Indians unless the prospective contractor has submitted to, and has had approved by the Secretary of the Interior, an education plan, which plan, in the determination of the Secretary, contains educational objectives which adequately address the educational needs of the Indian students who are to be beneficiaries of the contract and assures that the contract is capable of meeting such objectives: Provided, That where students other than Indian students participate in such programs, money expended under such contract shall be prorated to cover the participation of only the Indian students. "SEC. 5. (a) "\^nhienever a school district affected by a contract or contracts for the education of Indians pursuant to this Act has a local school board not composed of a majority of Indians, the parents of the Indian children enrolled in the school or schools affected by such contract or contracts shall elect a local committee from among their number. Such committee shall fully participate in the development of, and shall have the authority to approve or disapprove programs to be conducted under such contract or contracts, and shall carry out such other duties, and be so structured, as the Secretary of the Interior shall by regulation provide: Provided, however, That, whenever a local Indian committee or committees established pursuant to section 305 (b)(2)(B) (ii) of the Act of June 23, 1972 (86 Stat. 235) or an Indian advisory school board or boards established pursuant to this Act prior 38-194 O - 76 - 57 Pt. 2

" use 452. 25 USC 455.

25 USC 456.

�


text:
Page:United States Statutes at Large Volume 88 Part 2.djvu/898

 2214

PUBLIC LAW 93-638-JAN. 4, 1975

[88

STAT.

to the date of enactment of this section exists in such school district, such committee or board may, in the discretion of the affected tribal governing body or bodies, be utilized for the purposes of this section. "(b) The Secretary of the Interior may, in his discretion, revoke any contract if the contractor fails to permit a local committee to perform its duties pursuant to subsection (a). 25 USC,457. "SEC. 6. Any school district educating Indian students who are members of recognized Indian tribes, who do not normally reside in the State in which such school district is located, and who are residing in Federal boarding facilities for the purposes of attending public schools within such district may, in the discretion of the Secretary of the Interior, be reimbursed by him for the full per capita costs of educating such Indian students." Report to con SEC. 203. After conferring with persons competent in the field of gressiona 1 comIndian education, the Secretary, in consultation with the Secretary mittees. 25 USC 457 of Health, Education, and Welfare, shall prepare and submit to the note Committees on Interior and Insular Affairs of the United States Senate and House of Representatives not later than October 1, 1975, a report which shall include: (1) a comprehensive analysis of the Act of April 16, 1934 (48 25 USC 452. Stat. 596), as amended, including— (A) factors determining the allocation of funds for the special or supplemental educational programs of Indian students and current operating expenditures; (B) the relationship of the Act of April 16, 1934 (48 Stat. 596), as amended, to— (i) title I of the Act of September 30, 1950 (64 Stat. 236. 20 USC 1100), as amended; and (ii) the Act of April 11, 1965 (79 Stat. 27), as 20 USC 8 2 1 amended; and note. (iii) title IV of the Act of June 23, 1972 (86 Stat. 20 USC 241aa 235); and note. (iv) the Act of September 23, 1950 (72 Stat. 548), as 20 USC 6 3 1. amended. (2) a specific program to meet the special educational needs of Indian children who attend public schools. Such program shall include, but need not be limited to, the following: (A) a plan for the equitable distribution of funds to meet the special or supplemental educational needs of Indian children and, where necessary, to provide general operating expenditures to schools and school districts educating Indian children; and (B) an estimate of the cost of such program; (3) detailed legislative recommendations to implement the program prepared pursuant to clause (2); and Indian-con(4) a specific program, together with detailed legislative rectrolled community colleges. ommendations, to assist the development and administration of Indian-controlled community colleges. PART B—SCHOOL CONSTRUCTION Contract authority. 25 USC 458.

SEC. 204. (a) The Secretary is authorized to enter into a contract or contracts with any State education agency or school district for the purpose of assisting such agency or district in the acquisition of sites for, or the construction, acquisition, or renovation of facilities (including all necessary equipment) in school districts on or adjacent to or in close proximity to any Indian reservation or other lands held in trust by the United States for Indians, if such facilities are necessary for the education of Indians residing on any such reservation or lands.

�


text:
Page:United States Statutes at Large Volume 88 Part 2.djvu/899

 88 STAT. ]

PUBLIC LAW 93-638-JAN. 4, 1975

2215

(b) The Secretary may expend not less than 75 per centum of such funds as are authorized and appropriated pursuant to this part B on those projects which meet the eligibility requirements under subsections (a) and (b) of section 14 of the Act of September 23, 1950 (72 Stat. 548), as amended. Such funds shall be allocated on the basis 20 USC 644. of existing funding priorities, if any, established by the United States Commissioner of Education under subsections (a) and (b) of section 14 of the Act of September 23, 1950, as amended. The United States Commissioner of Education is directed to submit to the Secretary, at the beginning of each fiscal year, commencing with the first full fiscal year after the date of enactment of this Act, a list of those projects eligible for funding under subsections (a) and (b) of section 14 of the Act of September 23, 1950, as amended. (c) The Secretary may expend not more than 25 per centum of such funds as may be authorized and appropriated pursuant to this part B on any school eligible to receive funds under section 208 of this Act. (d) Any contract entered into by the Secretary pursuant to this section shall contain provisions requiring the relevant State educational agency to— (1) provide Indian students attending any such facilities constructed, acquired, or renovated, in whole or in part, from funds made available pursuant to this section with standards of education not less than those provided non-Indian students in the school district in which the facilities are situated; and (2) meet, with respect to such facilities, the requirements of the State and local building codes, and other building standards set by the State educational agency or school district for other public school facilities under its jurisdiction or control or by the local government in the jurisdiction within which the facilities are situated. (e) The Secretary shall consult with the entity designated pursuant to section 5 of the Act of April 16, 1934 (48 Stat. 596), as amended by this Act, and with the governing body of any Indian tribe or tribes ^"'e, p. 2213. the educational opportunity for the members of which will be significantly affected by any contract entered into pursuant to this section. Such consultation shall be advisory only, but shall occur prior to the entering into of any such contract. The foregoing provisions of this subsection shall not be applicable where the application for a contract pursuant to this section is submitted by an elected school board of which a majority of its members are Indians. (f) Within ninety days following the expiration of the three year p-^ogram evaiuperiod following the date of the enactment of this Act, the Secretary congre7J'.°'^*'° shall evaluate the effectiveness of the program pursuant to this section and transmit a report of such evaluation to the Congress. Such report shall include— (1) an analysis of construction costs and the impact on such costs of the provisions of subsection (f) of this section and the Act of March 3, 1921 (46 Stat. 1491), as amended; (2) a description of the working relationship between the Department of the Interior and the Department of Health, Education, and Welfare including any memorandum of understanding in connection with the acquisition of data pursuant to subsection (b) of this section; (3) projections of the Secretary of future construction needs of the public schools serving Indian children residing on or adjacent to Indian reservations:

�


text:
Page:United States Statutes at Large Volume 88 Part 2.djvu/900

 2216

20 USC 6 4 4.

Appropriation.

PUBLIC LAW 93-638-JAN. 4, 1975

[88 STAT.

(4) a description of the working relationship of the Department of the Interior with local or State educational agencies in connection with the contracting for construction, acquisition, or renovation of school facilities pursuant to this section; and (5) the recommendations of the Secretary with respect to the transfer of the responsibility for administering subsections (a) and (b) of section 14 of the "Act of September 23, 1950 (72 Stat. 548), as amended, from the Department of Health, Education, and Welfare to the Department of the Interior. ^g^ YoT the purposc of carrying out the provisions of this section, there is authorized to be appropriated the sum of $35,000,000 for the fiscal year ending June 30, 1974; $35,000,000 for each of the four succeeding fiscal years; and thereafter, such sums as may be necessary, all of such sums to remain available until expended. PART C — GENERAL PROVISIONS

25 USC 458a.

gp(^ 205. No funds from any grant or contract pursuant to this title shall be made available to any school district unless the Secretary is satisfied that the quality and standard of education, including facilities and auxiliary services, for Indian students enrolled in the schools of such district are at least equal to that provided all other students from resources, other than resources provided in this title, available to the local school district. 25 USC 458b. SEC. 206. No funds from any contract or grant pursuant to this title shall be made available by any Federal agency directly to other than public agencies and Indian tribes, institutions, and organizations: Provided, That school districts. State education agencies, and Indian tribes, institutions, and organizations assisted by this title may use funds provided herein to contract for necessary services with any appropriate individual, organization, or corporation. 25 USC 4 5 8 c. SEC. 207. (a)(1) Within six months from the date of enactment of this Act, the Secretary shall, to the extent practicable, consult with national and regional Indian organizations with experiences in Indian education to consider and formulate appropriate rules and regulations to implement the provisions of this title. (2) Within seven months from the date of enactment of this Act, the Secretary shall present the proposed rules and regulations to the Committees on Interior and Insular Affairs of the United States Senate and House of Representatives. Rules and regu (3) Within eight months from the date of enactment of this Act, the lations, publication in Federal Secretary shall publish proposed rules and regulations in the Federal Register. Register for the purpose of receiving comments from interested parties. (4) Within ten months from the date of enactment of this Act, the Secretary shall promulgate rules and regulations to implement the provisions of this title. (b) The Secretary is authorized to revise and amend any rules or regulations promulgated pursuant to subsection (a) of this section: Fe^e'i^iTRegi'ster. Provided, That prior to any revision or amendment to such rules or regulations the Secretary shall, to the extent practicable, consult with appropriate national and regional Indian organizations, and shall publish any proposed revisions in the Federal Register not less than sixty days prior to the effective date of such rules and regulations in order to provide adequate notice to, and receive comments from, other interested parties. 25 USC 458d. gj,(2 208. The Secretary is authorized and directed to provide funds, pursuant to this Act: the the Act of April 16, 1934 (48 Stat. 596), as 25 USC 4 5 2. amended: or any other authority granted to him to any tribe or tribal organization which controls and manages any previously private

�


text:
Page:United States Statutes at Large Volume 88 Part 2.djvu/901

 88 STAT. ]

PUBLIC LAW 93-640-JAN. 4, 1975

2217

school. The Secretary shall transmit annually to the Committees on Interior and Insular Affairs of the United States Senate and House of Representatives a report on the educational assistance program conducted pursuant to this section. SEC. 209. The assistance provided in this Act for the education of Indians in the public schools of any State is in addition and supplemental to assistance provided under title IV of the Act of June 23, 1972 (86 Stat. 235). Approved January 4, 1975.

Report to cong r e s s i o n a l committees.

25 USC 4 5 8 e.

20 USC 241aa note.

Public Law 93-639 AN ACT To amend certain provisions of Federal law relating to explosives.

January 4, 197! [S.1083]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may Amendments of be cited as "Amendments of 1973 to Federal Law Relating to Law Reiaun"^to Explosives. Explosives". SEC. 101. Section 845(a) of title 18 of the United States Code n o18. u s e 845 te (relating to exemptions from certain provisions of Federal law relating to explosives) is amended by striking out paragraph (5) and inserting in lieu thereof the following new paragraph: "(5) commercially manufactured black powder in quantities not to exceed fifty pounds, percussion caps, safety and pyrotechnic fuses, quills, quick and slow matches, and friction primers, intended to be used solely for sporting, recreational, or cultural purposes in antique firearms as defined in section 921(a) (16) of title 18 of the United States Code, or in antique devices as exempted from the term 'destructive device' in section 921(a)(4) of title 18 of the United States Code; and". SEC. 102. Section 921(a)(4) of title 18 of the United States Code is amended by inserting after the word "sporting" in the last sentence the following:", recreational or cultural". Approved January 4, 1975. Public Law 93-640 AN ACT

January 4, 1975

To amend the Public Health Service Act to expand the authority of the National Institute of Arthritis, Metabolism, and Digestive Diseases in order to advance a national att ick on arthritis. Be it enacted by the Senate amd House of Representatives United States of America in Congress assembled,

^^' '^^^^'^

of the National Arthritis Act of 1974.

SHORT TITLE

SECTION

1. This Act may be cited as the "National Arthritis Act of

'*2 USC 289c-1

1974". F I N D I N G S AND DECLARATION OF PURPOSE

SEC. 2, The Congress makes the following findings— 42 USC 289c-i (1) Arthritis and related musculoskeletal diseases constitute "°'^' major health problems in the United States in that they afilict more than twenty million Americans and are the greatest single cause of chronic pain and disability. (2) The complications of arthritis lead to many other serious

�


text:
Page:United States Statutes at Large Volume 88 Part 2.djvu/902

 2218

PUBLIC LAW 93-640-JAN. 4, 1975

[88 STAT.

health problems and other severe physical disabilities in persons of all ages with the disease,.particularly children and adolescents. (3) The annual cost of arthritis to the national economy in 1970, from medical care expenses and lost wages, was $9,200,000,000, and number of workdays lost in that year totaled over 14,500,000. (4) Uncontrolled arthritis significantly decreases the quality of life and has a major negative economic, social, and psychological impact on the families of its victims and society generally. (5) Athletic and other types of joint injuries involving trauma can lead to arthritis. (6) The development of advanced methods of diagnosis and treatment of arthritis and quality trained health professionals in arthritis deserves the highest national priority. (7) There is a critical shortage of medical facilities and properly trained health professionals and allied health professionals in the United States for arthritis research, prevention, treatment, care, and rehabilitation programs. (8) The citizens of the United States should have a full understanding of the nature of the human, social, and economic impact of arthritis and should be encouraged to seek early diagnosis and treatment to prevent or mitigate physical disability resulting from arthritis. (9) There is great potential for making major advances against arthritis in the National Institute of Arthritis, Metabolism, and Digestive Diseases, in concert with other institutes of the National Institutes of Health. N A T I O N A L COMMISSION ON A R T H R I T I S; A R T H R I T I S

PLAN

42 USC^28Tc"i' ^^^' ^.' ^^\ "^'^^ Secretary of Health, Education, and Welfare (herenote. " inafter in this section referred to as the "Secretary"), after consulting with the Director of the National Institutes of Health, shall, within sixty days of the date of the enactment of this section, establish a National Commission on Arthritis and Related Musculoskeletal Diseases (hereinafter in this section referred to as the ''(Commission"'). Membership. ^|^^ rpj^g Commission shall be composed of eighteen members as follows: (1) Six members appointed by the Secretary who are scientists, physicians, or other health professionals not in the employment of the Federal Government, who represent the various specialties and disciplines involving arthritis and related musculoskeletal diseases (hereinafter in this section collectively referred to as "arthritis"), and of whom at least two are practicing clinical rheumatologists, at least one is an orthopedic sur-geon, and at least one is an allied health professional. (2) Four members appointed by the Secretary from the general public, of whom at least two suffer from arthritis. (3) One member appointed by the Secretary, from members of the National Arthritis, Metabolism, Digestive Disease Advisory Council, whose primary interest is in the field of rheumatology. (4) The Director of the National Institutes of Health or his designee, the Director of the National Institute of Arthritis, Metabolism, and Digestive Diseases oi' his designee, the Directors, or their designees, of the National Institute of Allergy and Infectious Diseases and the National Institute of General Medical Science, the Associate Director for Arthritis and Related Musculoskeletal Diseases of such Institute, and the chief medical officer of the Veterans' Administration and the Secretary of Defense or their designees, each of whom shall serve as ex officio, nonvoting members.

�


text:
Page:United States Statutes at Large Volume 88 Part 2.djvu/903

 88 STAT. ]

PUBLIC LAW 93-640-JAN. 4, 1975

(c) The members of the Commission shall select a chairman from among their own number. The Commission shall first meet on a date specified by the Secretary, not later than 30 days after the Commission is established, and thereafter shall meet at the call of the Chairman of the Commission (but not less often than three times). (d) The Director of the National Institute of Ai-thritis. Metabolism, and Digestive Diseases shall— (1) designate a member of the staff of such Institute to act as Executive Secretary of the Commission, and (2) provide the Commission with such full-time professional and clerical staff, such information, and the services of such consultants as may be necessary to assist it in carrying out effectively its function under this section. (e) Members of the Commission who are officers or employees of the Federal Government shall serve as members of the Commission without compensation in addition to that received in their regular public employment. Members of the Commission who are not officers or employees of the Federal Government shall each receive the daily equivalent of the rate in effect for grade GS-18 of the General Schedule for each day (including traveltime) they are engaged in the performance of their duties as members of the Commission. All members, while so serving away from their homes or regular places of business, may be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as such expenses are authorized by section 6703, title 5, United States Code, for persons in the Government service employed intermittently. (f) The Commission shall survey Federal, State, and local health programs and activities relating to arthritis and assess the adequacy, technical soundness, and coordination of such programs and activities. All Federal departments and agencies administering health programs and activities relating to arthritis shall provide such cooperation and assistance relating to such progra]:ns and activities as is reasonably necessary for the Commission to make such survey and assessment. (g) The Commission shall formulate a long-range plan (hereinafter in this section referred to as the "Arthritis Plan") with specific recommendations for the use and organization of national resources to combat arthritis. The Arthritis Plan shall be based on a survey investigating the incidence and prevalence of arthritis and its economic and social consequences, and on an evaluation of scientific information respecting, and the national resources capable of dealing with arthritis. The Arthritis Plan shall include a comprehensive program for the National Institute of Arthritis, Metabolism, and Digestive Diseases (hereinafter in this section referred to as the "Institute") and plans for Federal, State, and local programs, which program and programs shall, as appropriate, provide for— (1) investigation into the epidemiology, etiology, and prevention and control of arthritis, including the social, environmental, behavioral, nutritional, and biological control of arthritis; (2) studies and research into the basic biological processes and mechanisms involved with arthritis, including abnormalities of the immune, musculoskeletal, cardiovascular, gastrointestinal, urogenital, pulmonary, and nervous systems, the skin, and the eyes; (3) research into the development, trial, and evaluation of techniques, orthopedic and other surgical procedures, and drugs (including drugs intended for use by children) used in the diagnosis, early detection, treatment, prevention, and control of arthritis; (4) programs that will apply scientific and technological methodologies and processes involving biological, physical, and engi-

2219 Chairman.

Director, National Institute of Arthritis, Metabolism, and Digestive D i s e a s e s, duties.

Compensation.

5 USC 5332 note.

Federal, State, and local health programs, survey.

Arthritis P l a n.

�


text: Page:Cihm 08810.djvu/10

title: Page:Cihm 08810.djvu/10


text:
Page:United States Statutes at Large Volume 88 Part 2.djvu/904

 2220

PUBLIC LAW 93-640-JAN. 4, 1975

[88

STAT.

neering sciences to deal with all facets of arthritis, including traumatic arthritis; (5) programs for the conduct and direction of field studies largescale testing, evaluation, and demonstration of preventive, diagnostic, therapeutic, rehabilitative, and control approaches to arthritis, including studies of the effectiveness and use of home care programs, mobile care units, community rehabilitation facilities, and other appropriate community public health and social services; (6) studies of the feasibility of, and possible benefits accruing from, the organization and training of teams of health and allied health professionals in the treatment and rehabilitation of individuals who suffer from arthritis; (7) programs to evaluate available resources for the rehabilitation of individuals who suffer from arthritis; (8) programs to develop new and improved methods of screening and referral for arthritis, and particularly for the early detection of arthritis; (9) programs to establish standards and criteria for measurement of the severity and rehabilitative potential of disabilities resulting from arthritis; (10) programs to develop a uniform descriptive vocabulary for use in basic and clinical research and a standardized clinical patient data set for arthritis to standardize collection, storage, and retrieval of research and treatment data in order to facilitate collaborative and comparative studies of large patient populations; (11) programs to establish a system for the collection, analysis, and dissemination of data useful in the screening, prevention, diagnosis, and treatment of arthritis, including the establishment of a national data storage bank to collect, catalog, and store, and facilitate retrieval and dissemination of information as to the practical application of research and other activities pertaining to arthritis; (12) programs for the education (including continuing education programs and development of new techniques and curricula) of scientists, bioengineers, physicians engaged m general practice, the practice of family medicine, or other primary care specialties, surgeons, including orthopedic surgeons, and other health and allied health professionals and educators in the fields and specialties requisite to screening, early detection, diagnosis, treatment, and prevention of arthritis and rehabilitation of individuals who suffer from arthritis; (13) programs for public education and counseling relating to arthritis, including public information campaigns on current developments in diagnostic and treatment procedures and programs to discourage the promotion and use of unapproved and ineffective diagnostic, preventive, treatment, and control methods and unapproved and ineffective drugs and devices; (14) a program for the acceleration of international cooperation in and exchange of knowledge on research, screening, early detection, diagnosis, treatment, prevention, and control of arthritis; and Research pro(15) coordiuation of the research programs relevant to arthrina^i^n.'^""'^ ' tis of othcr Institutes of the National Institutes of Health, the Department of Health, Education, and Welfare, and other Federal and non-Federal entities. Hearings. ^}j^ q^j^g Commission may hold such hearings, take such testimony, and sit at such time and places as it deems advisable. timaTe^s""" ''" (i)(1) Tl^e CommissioM shall prepare for each of the Institutes of the National Iiistitutcs of Health whose activities are to be affected by

�


text:
Page:United States Statutes at Large Volume 88 Part 2.djvu/905

 88 STAT.]

2221

PUBLIC LAW 93-640-JAN. 4, 1975

the Arthritis Plan estimates of necessary expenditures to carry out each such Institute's part of the comprehensive program included in the Plan. The estimates shall be prepared for the fiscal year ending June 30, 1976, and for each of the next two fiscal years. (2) Within five days after the Budget is transmitted by the President to Congress for the fiscal year ending June 30, 1976, and for each of the next two fiscal years, the Secretary shall transmit to the Committees on Appropriations of the House of Representatives and the Senate, the Committee on Labor and Public Welfare of the Senate, {ind the Committee on Commerce and Health of the United States House of Representatives an estimate of the amounts requested for arthritis research by each of the Institutes for which estimates were prepared under paragraph (1) and a comparison of such amounts with such estimates. (j)(1) The Commission shall publish and transmit directly to the Congress (without prior administrative approval or review by the Office of Management and Budget or any other Federal department or agency) the Arthritis Plan within two hundred and ten days after the date on which funds are first appropriated for the Commission. (2) The Commission shall cease to exist on the thirtieth day following the date of the submission of the Arthritis Plan pursuant to paragraph (1) of this subsection. (k) There are authorized to be appropriated, without fiscal year limitation, to carry out the purposes of this section $2,000,000. ARTHRITIS

COORDINATING CXDMMITTEE, DEMONSTRATION C O M P R E H E N S IV E A R T H R I T I S CENTERS

PROJECTS,

Transmittal to congressional committees.

Arthritis Plan, publication; t r a n s mittal to C o n g r e s s.

Termination date. Appropriation.

AND

SEC. 4. Part D of title IV of the Public Health Service Act is amended by adding at the end thereof the following new sections: " A R T H R I T I S COORDINATING

COMMITTEE

"SEC. 437. (a) In order to improve coordination of all activities in the National Institutes of Health, in the Department of Health, Education, and Welfare, and in other departments and agencies of the Federal Government relating to Federal health programs and activities relating to arthritis, the Secretary shall establish an Arthritis Coordinating Committee to be composed of representatives of the Department of Health, Education, and Welfare (including the Food and Drug Administration) and of the Veterans' Administration, the Department of Defense, and other Federal departments and agencies iuA'olved in research, health services, or rehabilitation programs affecting arthritis. This committee shall include the Directors (or their designated representatives) of each of the Institutes of the National Institutes of Health involved in arthritis related research. The Committee shall be chaired by the Associate Director established pursuant to section 434(e) and shall prepare a report not later than sixty days after the end of each fiscal year as possible, for the Secretary detailing the work of the committee in seeking to improve coordination of departmental and interdepartmental activities relating to arthritis during the preceding fiscal year. Such report shall include— "(1) a description of the work of the committee in coordinating the research activities of the National Institutes of Health relating to arthritis during the preceding year, and "(2) a description of the work of the committee in promoting the coordination of Federal health programs and activities relating to arthritis to assure the adequacy of such programs and to provide for the adequate coordination of such programs and activities.

Establishment. 42 USC 289C-4.

Membership.

Post, p. Report.

Contents.

�


text:
Page:United States Statutes at Large Volume 88 Part 2.djvu/906

 PUBLIC LAW 93-640-JAN. 4, 1975

2222 Meetings.

[88

STAT.

"(b) The Committee shall meet at the call of the chairman, but not less often than four times a year. "ARTHRITIS SCREENING, DETECTION, PREVENTION, AND REFERRAL DEMONSTRATION PROJECTS; AND DATA BANK

42 USC 289C-5.

Coordination with Federal, State, and other agencies. Intra.

Arthritis Screening and Detection Data Bank. Establishment.

P a t i e n t data and recordkeeping, standardization.

Appropriations.

"SEC. 438. (a) The Secretary, acting through the Assistant Secretary for Health, may make grants to public and nonprofit entities to establish and support projects for the development and demonstration of methods for arthritis, screening, detection, prevention, and referral, and for the dissemination of these methods to health and allied health professions. Activities under such projects shall be coordinated with (1) Federal, State, local, and regional health agencies, (2) centers assisted under section 439, and (3) the data bank under subsection (c). "(b) Projects under this section shall include programs which— "(1) emphasize the development and demonstration of new and improved methods of screening and early detection, referral, and diagnosis of individuals with a risk of developing arthritis, asymptomatic arthritis, or symptomatic arthritis; "(2) emphasize the development and demonstration of new and improved methods for patient referral from local hospitals and physicians to appropriate centers for early diagnosis and treatment; "(3) emphasize the development and demonstration of new and improved means of standardizing patient data and recordkeeping; and " (4) emphasize the development and demonstration of new and improved methods of dissemination of knowledge about the projects and methods referred to in the preceding paragraphs of this subsection to health and allied health professionals. "(c)(1) As soon as practicable after the date of enactment of this section the Secretary, through the Assistant Secretary for Health, shall establish the Arthritis Screening and Detection Data Bank for the collection, storage, analysis, retrieval, and dissemination of data useful in screening, prevention, and early detection involving patient populations with asymptomatic and symptomatic types of arthritis, including where possible, data involving general populations for the purpose of detection of individuals with a risk of developing arthritis. "(2) The Secretary shall provide for standardization of patient data and recordkeeping for the collection, storage, analysis, retrieval, and dissemination of such data in cooperation with projects under this section and centers assisted under section 439, and other persons engaged in arthritis programs, " (d) There are authorized to be appropriated to carry out this section $2,000,000 for fiscal year ending June 30, 1975, $3,000,000 for fiscal year ending June 30, 1976, and $4,000,000 for fiscal year ending June 30, 1977. uC O M P R E H E N S IV E A R T H R I T I S

42 USC 289C-6.

CENTERS

439. (a) The Secretary, acting through the Assistant Secretary for Health may, after consultation with the National Advisory 42 USC 289C-1. Council established under section 434(a) and consistent with the Arthritis Plan developed pursuant to the National Arthritis Act of Ante, p. 2217. 1974, providc for the development, modernization, and operation (including staffing and other operating costs such as the costs of patient care required for research) of centers for arthritis research, screening, detection, diagnosis, prevention, control, and treatment, for education related to arthritis, and for rehabilitation of individuals "Modemizawho suffer from arthritis. For purposes of this section, the term '°"*" 'modernization' means the alteration, remodeling, improvement. "SE(^;.

�


text:
Page:United States Statutes at Large Volume 88 Part 2.djvu/907

 88

STAT.

]

PUBLIC LAW 93-640-JAN. 4, 1975

2223

expansion, and repair of existing buildings and the provision of equipment for such buildings to the extent necessary to make them suitable for use as centers described in the preceding sentence. "(b) Each center assisted under this section shall— " (1)(A) use the facilities of a single institution or a consortium of cooperating institutions, and (B) meet such qualifications as may be prescribed by the Secretary; and "(2) conduct— " (A) basic and clinical research into the cause, diagnosis, early detection, prevention, control, and treatment of, arthritis and complications resulting from arthritis, including research into implantable biomaterials and biomechanical and other orthopedic procedures and in the development of other diagnostic and treatment methods; " (B) training programs for physicians and other health and allied professionals in current methods of diagnosis, screening and early detection, prevention, control, and treatment of arthritis; " (C) information and continuing education programs for physicians and other health and allied health professionals who provide care for patients with arthritis; and " (D) programs for the dissemination to the general public of information— "(i) on the importance of early detection of arthritis, of seeking prompt treatment, and of following an appropriate regimen; and "(ii) to discourage the promotion and use of unapproved and ineffective diagnostic, preventive, treatment, and control methods and unapproved and ineffective drugs and devices. "(c) Each center assisted under this section may conduct programs to— "(1) develop new and improved methods of screening and early detection, referral, and diagnosis of individuals with a risk of developing arthritis, asymptomatic arthritis, or symptomatic arthritis, "(2) disseminate the results of research, screening, and other activities, and develop means of standardizing patient data and recordkeeping, and "(3) develop community consultative services to facilitate the referral of patients to centers for treatment. "(e) The Secretary shall, insofar as practicable, provide for an graphicaflris^tr°." equitable geographical distribution of centers assisted under this sec- bution of centers. tion. The Secretary shall give appropriate consideration to the need for centers especially suited to meeting the needs of children affected by arthritis. " (f) The Secretary shall evaluate on an annual basis the activities Report to conof centers receiving support under this section and shall report to the gressional comappropriate committees of Congress the results of his evaluations not mittees. later than four months after the end of each fiscal year. Grants, limita"(g) No center may receive more than three grants under this tion. section. " (h) For purposes of this section, there are authorized to be approAppropriations. priated $11,000,000 for fiscal year ending June 30, 1975, $13,000,000

�


text:
Page:United States Statutes at Large Volume 88 Part 2.djvu/908

 2224

PUBLIC LAW 93-640-JAN. 4, 1975

[88

STAT.

for fiscal year ending June 30, 1976, and $15,000,000 for fiscal year ending June 30, 1977. Not less than 20 per centum of the funds appropriated for each fiscal year under this subsection shall be used for the purposes of establishing new centers." ASSOCIATE DIRECTOR, A N N U A L REPORT, RESEARCH F U N D I N G, ADVISORY C O U N C I L

42 USC 289C-1.

gj,^. 5 (^j Section 434 of the Public Health Service Act is amended by adding at the end the following new subsections: "(e) There is established within the Institute the position of Associate Director for Arthritis and Related Musculoskeletal Disease (hereinafter in this part referred to as the 'Associate Director'), who shall report directly to the Director of such Institute and who, under the supervision of the Director of such Institute, shall be responsible for programs regarding arthritis and related musculoskeletal diseases hereinafter in this part collectively referred to as 'arthritis') within such Institute. Report to Presiii/^\ rpj^^ Director of the Institute shall, as soon as practicable, but dent and Congress.

\

/

.

f

^

i ( > i / - » - i

not later than sixty days, after the end ot each fiscal year, prepare, in consultation with the National Advisory Council, and submit to the President and to the Congress a report. Such report shall include (1) a proposal for the Institute's activities under the Arthritis Plan formulated under the National Arthritis Act of 1974 and activities under other provisions of law during the next five years, with an estimate for such additional staff positions and appropriations as may be required to pursue such activities, and (2) a program evaluation section, wherein the activities and accomplishments of the Institute during the preceding fiscal year shall be measured against the Director's proposal for that year for activities under the Arthritis Plan.". 42 USC 289a. (^j^^ Section 431 of such Act is amended by adding at the end thereof the following new subsection: "(c) Of the sums appropriated for any fiscal year under this Act for the National Institutes of Health, not less than $500,000 shall be obligated for basic and clinical orthopedic research conducted within the National Institute of Arthritis, Metabolism, and Digestive Diseases which relates to the methods of preventing, controlling and treating arthritis and related musculoskeletal diseases, including research in implantable biomaterials and biomechanical and other orthopedic procedures and research in the development of new and improved orthopedic treatment methods." Researchproj(c) Section 434(b) of such Act is amended by adding at the end ects, grant appii- thercof the following! "The Advisory Council shall review applicacations, review.

.

^

T~..

n

»

i

•

i

i

42 USC 289c-1. tious made to the Director for grants tor research projects related to arthritis and related musculoskeletal diseases and shall recommend to the Director for approval those applications and contracts w;l^ch the Council determines will best carry out the purposes of this part. The Advisory Council shall also review and evaluate the arthritis programs under this part and shall recommend to the Director such changes in the administration of such programs as it determines are necessary." Approved January 4, 1975.

�


text:
Page:United States Statutes at Large Volume 88 Part 2.djvu/909

 88

STAT.

]

PUBLIC LAW 93-641~JAN. 4, 1975

2225

Public Law 93-641 AN ACT

January 4, 1975

To amend the Public Health Service Act to assure the development of a national health policy and of effective State and area health planning and resources development programs, and for other purposes.

[s. 2994]

Be it enacted by the Senate and House of Representatives Ignited, /States of America in Congress assembled. •'

^

of the

'

SIIORT T I T I J - :: TABLE OF C O N T E N T S • •

National Health P l a n n i n g and R e sources Development Act of 1974. 42 USC 300k

1. This Act may be cited as the "National Health Planning "°'^* and Resources Development Act of 1974". SECTION

TABLE OF CONTENTS Sec. 1. Short title; table of contents. Sec. '2. Findings and purpose. Sec. 3. Revision of health planning programs under the Public Health Service Act. • TITLE XV—NATIONAL H E A L T H PLANNING AND DEVELOPMENT •'PART A—NATIONAL GUIDELINES EOR H E A L T H P L A N N I N G

"Sec. 1501. National guidelines for health planning. "Sec. 1502. National health priorities. •'Sec. 1503. National Council on Health Planning and Development. " P A R T B — H E A L T H SYSTEMS AGENCIES

"Sec. "Sec. "Sec. "Sec.

1511. Health service areas. 1512. Health systems agencies. 1513. Functions of health systems agencies. 1514. Assistance to entities desiring to be designated a s health systems agencies. "Stc. 1515. Designation of health systems agencies. "Sec. 1516. Planning grants. " P A R T C — S T A T E H E A L T H P L A N N I N G AND DEVELOPMENT

"Sec. "Sec. "Sec. "Sec. •'Sec. •'Sec.

1521. Designation of State health planning and development agencies. 1522. State administrative program. 1523. State health planning and development functions. 1524. Statewide Health Coordinating Council. 1525. G r a n t s for State health planning and development. 1526. G r a n t s for rate regulation. " P A R T D — GENERAL 1*ROVISIONS

••See. 1531. Definitions. "Sec. 1532. Procedures and criteria for reviews of proposed health system changes. •'Sec. 1533. Technical assistance for health systems agencies and State health planning and development agencies. •'Sec. 1534. Centers for health planning. •'Sec. 1535. Review by the Secretary. ••Sec. 1536. Special provisions for certain States and Territories." Sec. 4. Revision of health resources development programs under the Public Health Service Act. •TITLE X VI — H E A L T H R E S O U R C E S DEVELOPMENT "1»ART A—PURPOSE, STATE P L A N, AND PROJECT APPROVAL

••Sec. •"Sec. •'Sec. ••Sec.

1601. Purpose. 1602. General regulations. 1603. State medical facilities plan. 1604. Approval of projects.

�


text:
Page:United States Statutes at Large Volume 88 Part 2.djvu/910

 2226

PUBLIC LAW 93-641-JAN. 4, 1975

[88

STAT.

T A B L E O F CONTENTS—Continued " TITLE X VI — H E A L T H R E S O U R C E S DEVELOPMENT—Continued "PART B—ALLOTMENTS

"Sec. "Sec. "Sec. "Sec.

1610. 1611. 1612. 1613.

Allotments. Payments from allotments. Withholding of payments and other compliance actions. Authorization of appropriations. " P A E T C — L O A N S AND LOAN GUARANTEES

"Sec. 1620. Authority for loans and loan guarantees. "Sec. 1621. Allocation among States. "Sec. 1622. General provisions relating to loan guarantees and loans. " P A R T D — P R O J E C T GRANTS

"Sec. 1625. Project grants. " P A R T E — GENERAL PROVISIONS

"Sec. "Sec. "Sec. "Sec. "Sec. "Sec.

1630. 1631. 1632. 1633. 1634, 1635.

Judicial review. Recovery, State control of operations. Definitions. Financial statement s; records and audit. Technical assistance.

" P A R T F—^AREA H E A L T H SERVICES DEVELOPMENT F U N D S

"Sec. 1640. Area health services development funds." Sec, 5. Miscellaneous and transitional provisions. Sec. 6. Advisory committees. Sec. 7. Agency reports. Sec. 8. Technical amendment. FINDINGS AND PURPOSE 42 USC 300k.

SEC. 2. (a) The Congress makes the following findings: (1) The achievement of equal access to quality health care at a reasonable cost is a priority of the Federal Government. (2) The massive infusion of Federal funds into the existing health care system has contributed to inflationary increases in the cost of health care and failed to produce an adequate supply or distribution of health resources, and consequently has not made possible equal access for everyone to such resources. (3) The many and increasing responses to these problems by the public sector (Federal, State, and local) and the private sector have not resulted in a comprehensive, rational approach to the present— (A) lack of uniformly effective methods of delivering health care; (B) maldistribution of health care facilities and manpower; and (C) increasing cost of health care. (4) Increases in the cost of health care, particularly of hospital stays, have been uncontrollable and inflationary, and there are presently inadequate incentives for the use of appropriate alternative levels of health care, and for the substitution of ambulatory and intermediate care for inpatient hospital care. (5) Since the health care provider is one of the most important participants in any health care delivery system, health policy must address the legitimate needs and concerns of the provider if it is to achieve meaningful results; and, thus, it is imperative

�


text:
Page:United States Statutes at Large Volume 88 Part 2.djvu/911

 88 STAT. ]

PUBLIC LAW 93-641-JAN. 4, 1975

2227

that the provider be encouraged to play an active role in developing health policy at all levels. (6) Large segments of the public are lacking in basic knowledge regarding proper personal health care and methods for effective use of available health services, (b) In recognition of the magnitude of the problems described in subsection (a) and the urgency placed on their solution, it is the purpose of this Act to facilitate the development of recommendations for a national health planning policy, to augment areawide and State planning for health services, manpower, and facilities, and to authorize financial assistance for the development of resources to further that policy. REVISION o r HEALTH PLANNING PROGRAMS UNDER THE PUBLIC HEALTH SERVICE ACT

SEC. 3. The Public Health Service Act is amended by adding at 42 USC 201 the end the following new title: " '"' " TITLE X V — N A T I O N A L H E A L T H P L A N N I N G AND DEVELOPMENT " P A R T A—NATIONAL GUIDELINES FOR HEALTH PLANNING " N A T I O N A L GUIDELINES FOR HEALTH PLANNING

"SEC. 1501. (a) The Secretary shall, within eighteen months after the date of the enactment of this title, by regulation issue guidelines concerning national health planning policy and shall, as he deems appropriate, by regulation revise such guidelines. Eegulations under this subsection shall be promulgated in accordance with section 553 of title 5, United States Code. "(b) The Secretary shall include in the guidelines issued under subsection (a) the following: "(1) Standards respecting the appropriate supply, distribution, and organization of health resources. "(2) A statement of national health planning goals developed after consideration of the priorities, set forth in section 1502, which goals, to the maximum extent practicable, shall be expressed in quantitative terms. "(c) I n issuing guidelines under subsection (a) the Secretary shall consult with and solicit recommendations and comments from the health systems agencies designated under part B, the State health planning and development agencies designated under part C, the Statewide Health Coordinating Councils established under part C, associations and specialty societies representing medical and other health care providers, and the National Council on Health Planning and Development established by section 1503.

42 USC 3ook-i,

^°^'' P- 2229. ^°^^' P- 2242.

"NATIONAL HEALTH PRIORITIES

"SEC. 1502. The Congress finds that the following deserve priority consideration in the formulation of national health planning goals and in the development and operation of Federal, State, and area health planning and resources development programs: "(1) The provision of primary care services for medically underserved populations, especially those which are located in rural or economically depressed areas.

^2 USC 3ook-2.

�


text:
Page:United States Statutes at Large Volume 88 Part 2.djvu/912

 2228

42 USC 1320c.

PUBLIC LAW 93-641-JAN. 4, 1975

[88

STAT.

"(2) The development of imilti-iiistitutional systems for eoordination or consolidation of institutional health services (inchiding obstetric, pediatric, emer<yency medical, intensive and coronary care, and radiation therapy services). "(3) The development of medical group practices (especially those whose services are appropriately coordinated or integrated with institution.al health servicer), health maintenance organizations, and other organized systems for* the provis'on of health care. "(4) The training and increased utilization of physician assistants, especially nurse clinicians. "(5) The development of nnilti-institutiomil ari-angements for the sharing of support services necessary to all health service institutions. "(6) The promotion of activities to achieve needed improvements in the quality of health services, including needs identified by the revicAv activities of Professional Standards Review Organizations under part B of title XT of the Social Security Act. "(7) The development by health service institutions of the capacity to provide various levels of care (including intensive care, acute general care, and extended care) on a geographically integrated basis. "(8) The promotion of activities for the prevention of disease, including studies of nutritional and environmental factors affecting health and the provision of preventive health care services. "(9) The adoption of uniform cost accoiniting. simplified reimbursement, and utilization reporting systems and improved uianagement procedures for health service institutions. "(10) The development of effective methods of educating the general public concerning proper personal (including preventive) health care and methods for effective use of available health services. " N A T I O N A L C O U N C I L O N irKALTir I'LANNING AND nKVELOPMKNT

Establishment 42 USC 300k-3

"SEC. 1508. (a) There is established in the Department of Health, Education, and Welfare an advisory council to be known as the Xational Council on Health Planning and I)evelopment (hereinafter in this section referred to as the 'Council'). The Council shall advise, consult with, and make recommendations to, the Secretary with respect to (1) the development of national guidelines under section 1501. (2) the implementation and administration of this title and Post, p. 2258. |.j|.|p X VI. and (3) an evaluation of the implications of new medical technology for the organization, delivery, and equitable distribution of health care services. Membership. " (b)(1) The Couucil shall be composed of fifteen members. The Chief Medical Director of the Veterans' Administration, the Assistant Secretary for Health and Environment of the Department of Defense, and the Assistant Secretary for Health of the Department of Health, Education, and Welfare shall be nonvoting ex officio members of the Council. The remaining members shall be appointed by the Secretary and shall be persons who, as a result of their training, experience, or attainments, are exceptionally well qualified to assist in carrying out the functions of the Council. Of the voting members, not less than five shall be persons who are not providers of health services, not more than three shall be officers or employees of the Federal Governjnent. not less than three shall be members of governing bodies of

�


text:
Page:The Eurypterida of New York Volume 1.pdf/16

 and the Baltic species now known as   long passed current as.

From 1835 until 1858-59, little was added to our knowledge of the eurypterids except through brief descriptions of a few fragmentary remains from the rocks of Scotland and Russia; then almost simultaneously three fundamental publications appeared, representing the three areas that still today furnish the principal eurypterid faunas. These were Nieszkowski's De Euryptero Remipede [1858], describing elaborately the Baltic species now known as ; Huxley and Salter's classic monograph On the Genus Pterygotus; and James Hall's exhaustive description and beautiful illustration of the eurypterid fauna of the waterlimes of New York, in volume 3, of the Palaeontology of New York [1859]. Nieszkowski's and Hall's papers supplement each other very fully; both described for the first time the whole organization of a eurypterid; they recognized the full number and character of the cephalothoracic appendages exclusive of the chelicerae whose existence was even at this early date intimated by Hall [op. cit. p. 396, footnote]; they established the number of preabdominal and postabdominal segments. They failed, however, in making out the correct number of sternites, Hall recognizing but one (the operculum) and considering the others as ringlike segments, while Nieszkowski (under the guidance of Dr Fr. Schmidt) found out the true platelike character of the sternites, but assumed their number to be six. Huxley and Salter at the same time restored with approximate accuracy the organization of Pterygotus. Both Nieszkowski and Hall recognized the close relationship of the eurypterids with Limulus, while Huxley and Salter adduced other crustaceans for comparison.

Hall described the appendages of the cephalothorax and that of the female operculum in great detail and with his usual accuracy. He